The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-18
Surgeon General Barnes and
Others Examined.
One Witness Swears He Saw Surratt
the Night Of the Murder.
The Prisoner Was Converting
With Booth.

took his seat upon the bench, and the Court for
| mally opened.
Justice CARTIER who also upon the bench ordered
the crier open the June of the Criminal Court
| and the Grand Jury for that term called.
Pending tho call OF the Grand Jury John H. Surratt
| was brought into Court and took q seat beside his
counsel He looks about the same as last week. and ap
| pears at all times to be very cheerful.
Judge Cartier announced 10 the Grand Jury for tho
June that there would be necessity for their
attendance until to-day two weeks and he accordingly
| discharged them until that time
The Petit Jury then called, and Judge Cartier
nounced that the same objections applied this jury
! az had applied 70 the jury for the Marcn le rm.
The witnesses and others summoned attend the June
term were discharged until two weeks hence and
| the June term was then adjourned till that day
Judge Fisher then resumed business in the March
term and the jury in the case Of John H. surratt was
/ called, and all answered TO their names.
Mr. J. Ii. Bradley Jr, submitted the following afida-
\ w.t.
DISTRICT OF COLUMBIA. holding the Criminal Court
| for the March Term, 1851
The petition of John H. Surratt shows that he has
been put his trial in capital case In this Court; that
| he has exhausted all his and such further
as have been furnished him by the liberalty of his
friends in preparing for his Defence and he unable
to procure the attendance Of his witnesses He there
fore prays your Honor for order that process may
issue TO summon his witnesses and To compel their at
tendance the cost of the government OF the United
States according to the statute IN such cases made and
sworn to in open Court this 18th day Of June 1867.
| r. j. MEIGs Clerk
The argument motion was postponed till late
| in the progress OF the case.
Judge Fisher here asked counsel If they were ready
| to proceed to the trial Of this case.
Mr. Darlington said the Assistant District Attorney
| would open the case.
Mr.. Nathaniel Wilson, Assistant District Attorney
then addressed the jury and said all that In
criminal the custom is for the prosecution at the
opening OF case TO make known the subject Of inquiry
40 10 h %
ment The Grand Jury OF the District Of Columbia
have indicted John H. surrat the prisoner at the bar
for the murder of Abraham Lincoln, late President Of
the United States It will be the duty Of the jury to
ascertain whether the accused Is guilty not guilty,
and an inquiry more solemn was never submitted TO
human intelligence they in fact TO turn back the
leaves Of history to that red page in which IS written
ns cwlo as To Se blow S e
not only at human life alone, but q blow
against e perpstui.y Of this government and against
describe the terrible scenes OF that awful night
assembly was then assembled at public place, whose
audience was he who had presided over this
try through years Of sorrow, but who was not recog
IN whose heart there was no emotion but Of kindness
and love TO his late enemies. To him death came
the most sudden ana terrible iorm witnesses Who viii
Wilkes Booth left the front Of the theatre and back
70 the box occupied by the President Mr. Wilson then
rehearsed the circumstances Of the shooting Of the
President Of Booths eapng from The box TO the STAGE
and Of his subsequent hight NJ Wilson then con:
tnued and said that the prosecution would prove, as
no case often proved, that the prisoner at
tho bar YVES present. aiding and abetting
the shot was fred present OF the theatre
In consultation with Booth You will see him
from the light OF the lamp that shone full in his face
He shall be known also the friend and companion OF
Booth and director OF tho bullet that pierced the
brain Of the President and Of the bloody knife that fell
with such terrible force upon the Of the Secretary OF
State. Ii will DO fully proved that he present with
Booth directing the murder and that the act not the
result Of moments thought only, but premcdtaed
plot and the prisoner at The bar the chief and main
In this matter Il will be proved that he q
traitor TO his country ano spy upon the actions OF the
ton, and from Washington TO Canada all the time
ing web aud plotting the destruction Of the govern
and the overthrow and slaughter Of the armies OF
the United States. And an indication Of the motive
that possessed his mind, the jury shall hear how he
boosted that he shot down unalm med Union soldiers
while they were escaping from rebel prisons.
II shall DO shown how the prisoner made bg
home in this city the rendezvous Tor the per-
fecting of their bloody work. and that IL was he who
lett at Surrattsville the which Booth took posses
sion OF 10 his flight and one OF which was taken from
him after his death. IL will be shown that in April
1855, Surra went from Richmond TO Canada, and that
while in Montreal he on the 10th Of April received
letter from Booth commanding his presence in this city,
He came, and 1t win shown exactly by what route
and tho prosecution will Prove by testimony clear
the MONDAY that suratt was here on that fatal
Friday, and walking through Pennsylvania avenus
booted ard spurrcd and that but two hours before the
fatal shot fred he purchased tho DISCUSSES which
tho TO use in their flight and that when
the blow struck he forth upon his shudder
ing flight That flight will be traced, because, in law
flight the prisoner in the fancied security OF friendship
makes acknowledgements which nx upon him the guilt
II will DO shown that after the assassination the
prisoner went 10 Canada, and bis whereabouts
IN Montreal will be shown. II will be shown how
long he remained there and where he secreed ana
how he there in disguise during the time the trial
was In progress at the Arsena when he could have
thrown much light upon the trial and done much TO es
From Canada no crossed the Atlantic, and IL will be
shown that when In mid ocean he spoke freely OF his
connection with the conspiracy and when he landed
upon foreign shore he raised his impous hand ana
expressed WISH that he could return and serve An
drew johnson Abraham Lincoln had been served
In England he found sympathy, but conscience stili
haunted him, and he fed againths time 70 Rome-and
hid himself IN the Papa army aud enlisted as private
soldier He might have felt himself there II
anywhere but he was recognized and discovered by the
companion OF his youth VINO pierced through all his
disgases. And when he found denial was useless, he
acknowledged his identity and uttefance 10 these
memorable words, II have done the Yankees much
harm as could We have killed Incols, the negros
in duty bound made the fact known TO the American
Minister at Rome. We had, II Is said. no treaty OF
exradition with that country but so horrible the
prisoners crime and notorious his name, that
the people and Cardinal Antone surrendered him. He
escaped again by esping from aprecipicc-a leap which
would have been impossible TO any one except who
fully realized his g and who know his life worth
Iess. He fed to Egypt and was pursued, not by the
seemed think; but tho very elements conspred to
point HIM out and from Alexandra his Ace was turned
homeward 10 the hand he had polluted with murder.
He s here for trial. and when all these things
proven proven they will be, and all snail be made
clearas will be In spite OF the subteuges that will
name OF the cvizaiion surra has disgced TO do full
and impartial Justice and rctrbuon sha be meted out
TO the shedder OF innocent blood.
Mr. Bradley. ST., said the defence woud reserve their
opening remarks the jury He asked 10 be furnished
with list OF the witnesses the part the prosecu
ton He that there no itatute as appli-
cable this case but there was one AZ IN the case OF
treason where defence shall be furnished the
of witnesses He admitted that this wa not case OF
treason, but attempt 10 take away life and liberty.
II approached 10 treason and the sane principle AZ
capital case Il involved wide range OF INQUIRY II was
In n n
Gardner furnish list Of witness AZ far a. they
we're known In order that might Be Known what coun-
sci had 70 meet and TO secure the abundance Of such
witnesses verc not court during he exampaton.
OWNS to the wide range OF inquiry and the awful i'm
portancs Of the no submitted the proposition.
Counsel for the defence thought justice and fair trial
demanded H. and they thought the furnishing OF such
| list within the control Of the court
Mr. Darlington said he nos aware tbet tnere vas
Of law or practice which required he defence 10 be
furnished with ist OF the Witnesses The constitution
provided that the accused should b. confronted With Ne