The New York herald., 1867-04-24
THE ASSASSINATION OF PRESIDENT LINCOLN.

Motion in the Criminal Court Of Washington
for the speedy Trial Of John III. Surratt.
WASHINGTON, April %, 1867
Messrs Bradley sen, and R. r. Merrick, appeared in
the Criminal Court this afternoon, for the purpose Of
having day set for the trial Of their Client John
Surratt indicted the murder of Abraham Lincoln,
late President, &c They filed the following notion
To THE HONORABLE THE JUDGE OF THE CRIMINAL CoURr
THE DISTRICT OF COLUMBIA.
John a. Surrat. by his counsel, respectfully showeh,
That in the month OF October last he was arrested IN
United States, and from that time forth was kept in
close confinement heavily roned; allowed only for
brief time occasionally to breathe the fresh air, wholly
excluded from all intercourse with any human being
but those who employed to administer TO his abb
soute needs; without change Of external raiment OBJ
lged the very dress in which he arrested
aud thus kept IN prison until the month OF February,
when he transferred to the jail III the city OF Wash
ngton, In which Jail he has been ever sncc and still is
confined. He has complaint to make OF the severity
Of his confinement on board ship, where he
treated with much lenity as the officer
in command deemed consistent with his duty, and
where he subjected to any ndgnity personal
injury and since his transfer 10 his present prison he
has been allowed such indulgence could properly be
deemed possible towards one charged with an offence so
heinous in its character that alleged against him.
Shortly after his imprisonment he at his own de-
mand at the December OF this Court brought into
Court and then arragned the indictment which had
been found AGAINST him before he reached the United
States is obvious to honorable Court that the
offence with which he stands charged constituting it
does part Of the history Of this country has undergone
government, quckcned by the unusual feeling Of indg
nation and horror of It's people could make: that all the
all their ramincauons. and all the persons
connected Herewith, we're with the utmost
motives AMBITION hate and love Of money, brought out
recently alter the occurrence and placed In the posses
sion OF the government; that the prisoner himself has
been tracked from country to country, from nation 10
nation through three continents TO secure his arrest
and tho department Of tho government has
brought from the Papal dominions and from Eng
land all the Witnesses beyond the Jurisdiction Of the
United states whose testimony would be needed BY the
prosecution at the trial. placed them under the
roI Of the District Attorney In this con nection we
again refer your Honor TO the report ef the Judiciary
Committee adverted 70 IN the argument or this motion
some day SINCE and which contains the full correspon
dence Of the Secretary State with foreign
on this subject 1t thus appears and the fact placed
beyond doubt by official that the prosec ution has
had the fullest and the ampos TO prepare
for the trial OF this at this second term Of the
court, after the prisoners arraignment, ana can
ask its further postponcment Immediately after his
araignment the prisoner began to prepare for his de-
fence, and from time 10 time his counsel have notified
the District Attorney and his assistant OF the progress of
that preparation, and the uncertainty Of being able to
get here particular witness alone prevented their
liking day for the trial. More than weeks ago they
informed them that they had discovered where that wit
was and that they would be ready for trial in two
weeks time Nearly week ago they moved in this
honorable have day set down for the trial Of
the cause and 1t resisted, and motion thereupon
continued The means o the have been utterly
exhausted in seeking the evidence to establish beyond
all doubt his perfect innocence OF the charges pre-
ferred against him. To show 10 all the world that
he is free from any stain Of guilt or completely
or connvance at or even a suspicion Of the terrible
tragedy with which the prosecution seeks TO convict
him. he is now ready. He challenges the inquiry,
and in the name Of justice, humanity and the due ad-
minstraon Of Justice all, whatever their condition in
life by rhe law Of the land and under the bill OF rights
the charter Of our liberties, he demands speedy trial
trial this term OF the courtand that he shall not
innocent be held ouger In close confinement rejected
and abhorred by men. though guilty, and day by day
deprved OF the means by which he will vndicate his
name aud establish his right to walk abroad as FREQ
man.
court and prays your honor TO ovsrue the motion Of
the District Attorney The further continuance Of tho
cause and asks that you will designate day the
present term Of the court for the trial Thereof
r. T. MERRlCK,
JOSEPH n BRADLEY, Jr
Counsel for John H Sunstt
United States Attorney CARmsGroS, after speaking Of
the kind treatment the prisoner had received, said u
necessary TO submit 70 the motion OF counsel as re-
with the case, and willing that he should have
speedy trial. which would be soon as the interests
Of the accused and the m g could S Ss properly
the jury, the court and all the world that Surraft was
Judge FrHHa did not think the prisoner had cansc TO
complain, and there reason why he should be
very impatient for prisoners were frequently six months
10 M .n s s ss q 70 nsss ss . n
70 the trial on or about the 27th Of May.
Mr. BRADLEY, sr, said-we will be ready then, on the
on that day We will continue 70 postpone ths case until
the 9th Of May.
The DETRIcr ATTORNEY did not feel disposed TO acqui
in the proposition and still said he could not be
ready before the 18th OF June.
Mr.. hEnRIcK said-Sirce the motion for the contin-
uancc Of the has been ovsrruIed hope the District
Attorney viii state some day when he viii be ready TO
Try the case.
The Drsrmcr ATTORNEY cannot answer the gentle
man at present shall Arst have 10 consult with my
assistant and In the meausme will concuds 70 the
time for proceeding with the The particular day
: n thou hall hanp frxvxs in dua
time think u unreasonable n the midst N the regular
court business 70 ask TO 6x upon the time when
shall be ready.
Mr. AkRRck-f think II IL scarcely right for him to
decline TO say when he will DO ready.
Mr. CARxeror-I do not feel under any obligations 70
lell him when shall DO ready.
Mr.. MERRcK-May please the court, do not see
that there anything left for but open
court II u shall % agreeable 70 your Honor that we
shall be ready proceed with trial OF John Sur
| ratt on the Goth day Of May NEXT
The counsel Withdrew, and the usual business or the
court resumed.
IMPOSING FUNERAL or BISHOP rImcM At BUFFALO