New-York tribune., 1867-07-27

uecded that the proof was inadmlssiDe Inc rue on
this subject may be Inferred from the brief but sensible
opinion Of Judge Kan who says the two elements OF the
Drosecon he act ana @ bhe & @ manc evidence Of
preconcert only they all in their original case Ihe ev
concert was an Indispensable element ,,.tIo oI Ine
Tbishai tht case seems 10 me, tnGIGioce aiInrre
In the case cited fromJudge Crawfods opinion all that
was decided there vas that testimony introduced IN
what had advanced and he cites with favor the rules
laid down by Phillips that the evidence. in reply, must
and ought not to const OF matter ncOnnected with
the defense, and not tending TO control or
be given in repS which tends to dsproye
! the matter set NJ in defences, and which
original case. In the case which trying il
was not necessary to Prove that the prisoner at the bar
was ever in New-HOrkCity or elsewhere than in Wash
ingto1 IL was not necessary to prove that he came here
the deed OF murders AID unnecessary to trace his history
further either in the past future. When It is at
tempted to show hat he was at Elmira,
| some other place In the State OF New York,
to be present mere at tie time of the murder
sense would certainly dictate to men OF ordinary nte
gencp and reflection tint TO prove himself the ears
coming in this direction at such time would place
him here the night Othe murder directly responsive
the evidere given the running of the
trains between there ami New York, delivered yeser
failed in wayto connect the prisoner with one Of
those trains The testimony respecting the telegapmc
communication between slmra and Washington whereby
| n possible for the consplrators 10 communicate
with the prisoner standsupOn the same footing and VIII
be stricken II the prosecution shall fail to connect the
prisoner with the conspiracy by that instrumentalty
Mr.. Bradley noted al exception to the opinion and
number Of witnesse were examined as to DIT Bis
sells reputation for vercy while residing at MOntrOse
| Pa, and declared II TO have been bad.
Mr.. PerrcpOnt desired TO put in evidence the United
! states statutes at largen 1865
Mr.. Bradley objected.
The did not why It should be offered in ev
| coguizancc OF the statue.
Mr. Pierrepont said tey proposed 70 offer evidence
subsequent withdrawal.
Judge Fisher said hewould take judicial notice Of it,
mcnt.
Mr. PieTepont said itdd not matter much how it got
Mr. Bradley insisted upon his objection to offering
matter IN evidence " wich the Court could take judicial
notice Unless 10 act OF which the Court could take
judicial notice he wOul object on the ground that 1t was
Mr. Pierrepont said itwould rebut what Cameron said
IN relation TO the Withdrawal OF the reward.
Mr. Perrcpont aid riey proposed put in evidence
7s Of the 18th volume OF the statutes AT large the
Sr Bradley said il Wa not evidence It was just
order signed T. D. Towlsend II was no part OF the act OF
Mi Plerrepont said was Just as much the action Of
the Government ~ anything else in that volume.
Judge Fisher admitpd the book as evidence. III was
published aud sent ont under Executive authority and
all that In II pHsumed TO be verify Counsel for
the defense noted an exception .
Mr. Darlington here satcd that there were several wit
nesses who not present but were on the way
He would submit proposition that they De aOWed 10
examine the witnesses h they appear before the case IS
closed
Judge Fisher said it was question OF argument for
Mr. Darlington said upon consultation with his col
leagues then he woudclOse the case bnt would reserve
the right 10 make Application fOr the admission OF the eA
pccted testimony.
Mr. Bradley sid he then understood the closed,
and he asked the clerk 90 note the fact He would say
frankly that after consultation they would probably close
the without offering further testimony Ihey Thought
Il due however, DR. Bisse 10 give him an opportunity
TO resist the terrible assault that had been made upon
his character Witnesses now on the way Tor uat
purpose. Dr. Bsscl had been Iecomm, nded TO nun Sir
Bradley and hc was utter stranger 10 him; ana II he
could not sustain himself the fonse would ask leave TO
withdraw his testimony lie tMr dRS M eXahih
that the prosecution would bc enSasu II railrpal
Mai by surprise and he would therefore ask the Court
an Indulgence 0f half an hour Tor consultation Win part
Judgc Fisher complied with the request, and at lIO
tho Court took a recess for half an hour
Upon roassembling, Mr. Bradley said the defense would
JrTcbuftai and that evidence would be entirely with
rrrafd TO The character OF Dr Blsse Some Of the Wit
ue,es had already arrived, ana others would arrive 10
morrow In the mean time they would propose oargne
urstons heretofore submitted and would then offer the
cvdeacc as Il should arrive. Witnesses were then called
dirah Jarrs s,rorn and eraDincd by ur. Bradey-Re
side in Wayerlcy have resided there - years Mas a
Justice Of the Peace there; have known Dr bsae anu
have had opportunities of learning his character ior
truth and vefacity; Bsses reputation for truth among
iwon1 nut hesitate tn believe him under oath
By Mr PieITcponf-Most OF the people Who testihed
Wayerley; first knew Dr. Blssol 2j years ago in Con
nectcut when he boy; loyears ago BlsSe came TO
there and afterWard left waycrcy; the people Who
testified against Bsse had rsl91s nd g had
him. there difficulty III TIE churGi, ana my @ na''
some difficulty with Dr. Bsse BisseiTs character NaS
as good that OF ordinary citizens duilnS INC Mar, Mar
was ON the Union side; have never been KepuDHean'
but have always been Democrat ..,
Question Did you ever express yourset ABOUT ne con
splrators who were tried Objected TO- aud objection
sustained. ,..,,ao,
substantially the effect that Dr. Bisse could DC
Mr. BRADLEY announced that he had witnesses
IN attendance but others had been summoned irpm Wa
yerley aud from New York. .,,
Judge Fisher asked Us to what point the wltheses "ou
MIR BRADLEY replied only as to the character of DR..
Blssel and others, and he suggesed ihat te sn' ~
Counsel then proceeded 10 discuss the motions 10 siAe
Mr. bradley said that the evidence asked to be stricken
out was-nrst that In relation 10 the attack upon oecIe
tbiyd bat relating 10 the shouting Union soldiers and
the gunboat fight as testified To by McMilan .Ho
evidence given yesterday relation TO the
dfth the evidence i'm relation 10 running OF trains ON
April l5 1865 SIXTH the letter known as lhe Dcs
picked up In the waters Of North Carohh ana seNe.n,
An the evidence relating TO Atzerodt at the klrkwood
House , too,.a ,,os ,ive,
10 the Jury 10 retire their hotel the arguments were
purely upon questions for the decisions OF the court
Mr. Bradley said he did not deem IL necessary 70 @ s
cuss this evidence in the present propositions OF law
this was All indictment for murder ana not cohsPlus
aud the prosecution must show that tue accused ~as
present aiding and abetting the murder, ana
no other evidence could be oneree; t1etciOledi
OF the assault upon Secretary Seward was not aIea
so with the attack upon the vce-rIesaeh @ dr W. % ths
SaT A. 10 the testimony about Thompson, it had not
been connected with the case lie now dcslIeu 70 ta
what the prosecution had TO say In regard TO the relation
OF the testimony. -, -, - -, IA aLor
Mr. Perrepont differed with the view counsel mao no. Zen
I'm relation 10 this Indictment He commended thAt tls
was no ordinary felony. combination was formed Tor
the purpose OF oyerthrowing the GoyernmenS VI 6 .9
United States for the purpose OF creating anarchy anu
for the purpose OF numbering the Chief Magistrate oon
binaons were made aud plans were made anu ie oO %
nv was formed for the purpose OF porpetrating one
OF thc greatest crimes, and part OF this scheme wa
murder the President and Secretary OF state IL was ~
arrying nm this scheme anarchy that the Presdes
as kied and the life OF the Secretary OF state was W
temned and for this conspiracy and ITS resultant
onances thc mr. soner at the bar now ON trih III