New-York tribune., 1867-08-01
THE SURRATT TRIAL
THE ARGUMENT FOR THE DEFENSE-ADDREss OF
MIR. MERRICK.

Judge Fisher presiding The attendance OF spectators
was much greater than 1t has been for some days past
Mr Merrck proceeded to address the jury for the de-
fense and said There something in this trial beyond
the ordinary arragnment OF the prisoner find arrayed
against the prisoner, the best talent and high
officers of the Government aiding a legal com,
by the Treasury Of this Government-and all ar
rayed as one man TO urge t1e S,s PlsoibSe caso be
would show there has been conspiracy here TO commit
murder under the forms Of law All this trial conyinces
the Government in it's assumed offended majesty and the
other representing officers OF the United states seeking
case OF this kind, ali Evidence that would shed
light upon It should be gye9 to the jury Pns pSs
law have been ISSUED by the counsel tr,onw Tor I1e
prosecution TO exclude such testimony.
The counsel for the prosecution instead OF representing
tho United States in favor OF law and justice have used
every possible feeling and sentiment they could use to
detraction him has been persistenty urged What Is
John II sgrratt charged With In the vide , a
the cause, and It is necessary to reenr to Mt IT,
Iincolni There nothing else in the indictment ma ad
the verdict must be guilty or not guilty as actG % dnc
ton want TO try suTat for being spya member OF tne
Southern COnfederacy-anytlng aud everything except
the crme laid in the indictment. TO conspire IS one
thing do the act is another 1t crime to conspre
and IL is another crime TO commit the hSe
for which conspiracy may DC ,,dt dGriheS. fhesc
doctrines Of law sprang up In their various Nls
such mudde that Is an insult cure It before the
jury They have themselves shown Snrratts
and lave shown it to be physical imposs5 ne i0r sur
att 70 have got here They fet the necessity OF meeting
heTe at the time OF the murder and me counse as e
Judge to give other thnn such decision as ne ue1ls'
and holds up the fear OF what the popular voice VIII 40
The jury dare 70 right It an Insult to the Court
to dare him with the popular voice The DistLctAttor
was their duty TO follow tho Instructions OF inc
Cout; The jury must give true verdict
Mr. Merick cited from sd Jonsons cases page 3G5, TO
shos that the jury the Judges OF tho Law well as
forward In the Indictment Mr. Meriick said he would
ow call attention the proposition Of Jaw and refer to
in Washington city on the night murder it not
enough but they must prove that be was near tho scene
OF the murder such convenient distance 10 render
material aid In the commission OF the act whether
Suratt aiding at the murder is for the prose
cuibn prove but the rule law that the jury
mus be satisfied OF that fact The proposition referred
10 Was that which claims that the crime is enhanced from
the fact that tho murdered the President OF the
United States The President, he cOnendod was merely
citizen OF the United States aud ia killing him
taking the life OF man, more and no less. But the
gentleman says there arc no accessOresi There is but
crime in which there accessories and that crime
IL sOn and IN treason the defense Is entitled To list
o. M pie witnesses against nun II IL was meant to can
The sixth proposition sets forth that personal presence
wa not necessary but that surntt could perform lis
paH In the conspiracy well IN Elmra at Washing
ton Was surrntt In Eura for tie purpose of perform
Ing his part IN the conspiracy Tie prosecution did not
show that ho was ~ llma dong - part IN tho conspir
acy, aud when the defense attempted 10 prove why no
WAS IN Elmrn, and what he was doing there II was OBJ
coied 10. and the objection sustained Tho propositions
OF law of the counsel the other side give rise 10 the
nnd also 10 the grade Of principals The principals
IN tho different degccs Involve different degrees IN crime,
ant pnncpa u one degree cannot be- principal IN
OtEr degree. Mr Merck cited from lIalc's pleas OF the
Crown, fret volume page 49, and concnded from this
r degree and ne who stands by assisting Is principal
In the second degree. But II crime Is done. he who
But the gentleman says that there are prece-
deuts IN England chow that II Is treason
crown ever pressed the brow OF a Presidents In
France n Is TREASON 10 imagine the death of Louis Napo-
-lfffia flp NJ
JohnsOnf III Is then instruct the Grand Jury TO indlct
Iaddcus Stevens aud all s companions for trenson but
this country aud II is the pride OF institutions
that tie President Is the servant Of the people.
Nr Ca4riugtons proposition Il that IL surrat in the
original conspiracy, ~ Is presumption that he
gagged IN the commission Of the act But such is not the
law az laid down In 9th Pickering II the prosecution
had proven that surrat I'm the conspiracy, and that
he Wa at the hcaor the night OF the murder, then
defense be- ,@y must 9s-p e,.vy .ye Ss,sa
presence at the thcater In Bnns case, ChefJustlce
Marshall lays down the law 10 show that 10 be
fcion man must be present nc the preparation OF the
crime la tins against SurrH "a AN incentive %
prejudice there has bcon Introduced that shocking scene
Tie house Of Secretary Seward; but IL oil
seward Booth started murder the President
AMI the could not b. held guilty prncpah In both
use Mashall for hr holds in Burrs that, though
Barr devised and conceived the conspiracy aud
on Blcnerhassett Island he was an accessory and not
p1ncipaL
At this point $780, the Court took for half an
Dn the rcasscmblng Of TIE Court Mr. Mcrrck resumed
hs remarks. aud said when the Court took recess he
% decision ~ later day. and which Judge Fisher
had decided Ia this very Ia that decision the Court
sld IL not necessary lor the prosecution prove
that the prisoner was ans where else than In Washington.
The prosecution must show that SuIratt here, and
MT only here, but here participating in tho murder.
Tie indictment charges that Sutratt actually here
and that his own hand committed the murder lf the
theory Of the prosecution Is right that Surratt could
Principal and could yet bo In Elma, the indictment
s4ouid have so stated In Bur's the indictment
charged that the treason committed ia ennerhassot
Hand aud that Burr was the soul aud body OF that con
spiacy. lie therefore, principal. But, "a t was
al,
Foyed ho was not there he was acquitted. 80 In this
which the accused can be tried There Is another prnci
Pc OF w 10 which he desired To call the attention OF the
Court and that was Ia relation TO the doubt
tiat must be entertained 20 acquit prisoner.
IIo jury must be satisfied Of guilt beyond reasonable
doubt suppose that ten jurors after mature cousidera
tn OF the evidence, believe the prisoner innOcontthe
oher two will listen to the convictions OF these ten lie
wpud ask them TO study those convictions with con.
sdentious thought In this case II found that Surratt
wns IN conspiracy 10 aDduc aud that conspiracy failed,
aad aierward conspiracy 10 murder tof which the ps
oler was not meber was formed, then the Jury must
a}ut The first Inquiry Is, WAS Suatt here on the 4th
iApu aiding aud abetting the murder" II ho was,
conspiracy TO murder It must be admitted that he
nght have been here aiding; but u IA shown that
be was not here then II is shown that he Was not In
tie conspiracy, and did not do that which he was
show that surratt here, and being here, that he
va, aiding and sbet1ins the murder Sw 90 they
Dye says he threo together In front Of the thea
e on the night OF the assassination and he says one was
me prisoner. summoned before the Military Commits
son Dye swears IL was Booth that called the time, and
he 6a That another Of tho party was Spangle and tho
other he dye said was the smallest. When asked why
he had so sworn nt the arsenal he said he only threw
mat ih" He (dr MerroD pitied the man as lie stood
before him. The defense has brought tho very
men who called tho time Hess says he called tho
llne' The prosecution bring IN Mr. Hess and
Nt him beside Sufratt, and the Jury may
hdge who best answered Dyes descrptlon-IIess or
inIauf Mr.. Merrlck then rected Dyes testimony In
hation to his interview with Mrs surrat the night
q the murder. Two years passed IL was q dim moon.
ignt night Mrs. Surratts house fronted north, aud
vas thrown ia the shade while the moon trayers-
nB the southern hemisphere. The house was dark
,heu' lady puts her head out In the dark
less, ana yet Dye says he Identifies her. Such
Story Is simply absurd II It Is not PERJURY II is an
nage created In an OyerwrOught mind lilo has thought
his and dreamed Of IT, until his mind has become per
er,tea' and IKE frightened boy, no has coDured up
lslous Whlci nave haunted his mind and made him SEQ
mhYes which had no being and no reality. As In boy
oos $50 IN manhood for the boy is father to the man