New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-08
THE TRIAL OF SURRATT.

ING SPEECH OF THE DEFENSE.
Br TELEGRAPH TRrsUEE
WASHINGTON, July THE trial of John II. Suuatt
was resumed in the Criminal Court yesterday morning.
Judge Fisher presiding.
Among the spectators in the Courtroom were senator
Chandler Speaker Cofax, and Representatives Ross
Perham, washburne OF Indiana, Van Horn OF Newfork
Eckey, orth, Hubbard of West Virginia, Wilson OF Penn
sylvana, Mercur Cullom, Dawes Koontz, Washpurn Oh
Massachusetts Cornell, Cobb and others.
Mr. Darlington said all due eXertion had been MADE 10
secure the attendance Of Mr. DUEL TO prove the cipher
letter but he could be found and they were willing
to close the COUNCIL for the defense would agree
that DUEL should be called at some future tlne
Mr.. Bradley said they could not agree to that
Mr. Pierrepont said he supposed this was question
within the discretion Of the Court
Judge Fisher said all the practice had been that the
rule of practice that allowed witnesses TO DC caed or
prosecution after the defense had commenced the ex
animation Of their witnesses.
Mr. Darlington said they would then close the case but
without prejudice their right 20 submit motion here
after for the admission Of DuePs testimony.
Mr. Bradley SAID now that the prosecution han Sloseu
he desired to know il Susan Ann Jackson Lee and CleaVer
proracted discussion cnsucd as to the agreement be-
tween counsel for the recall Of the witnesses above
named the defense cOntendng that the prosecution ad
agreed recall Them and the prosecution denying that
they had understood IL.
to- and it held from the notes that there was no posi-
tive agreement -,
Mr. Darlington said he had agreed that kDOades s1ou
Mr. Perrepont said that as there was some doubt to
the recall of Susan Ann Jackson she could be Geaed,
but the prosecution would then put some addohai ques
Mr. BRADLEY said the defense agreed to that.
Mr. Bradley then said before proceeding with nls eyl-
dence he would move to strike cut all evidence III Ie5
on TO Jacob Thompson as he had not been connected
ndge Fisher said il was not worth while to cut the case
to pieces now let the defense and examine their
Witnesses and all these points VIII come up ior argument
MIR Bradley then submitted objections to other portions
the testimony and the Court ruled that TINS was not
| the proper time to make the objection
PIcrrcpOut all the evidence would pc
before the trial was over and at the proper time -,
Judge Fisher SAID application to put IN addluonal
testimony could be made at time before the case was
given TO the jury.
The defense accepted the ruling Of the Court
Mr. j. H. Bradley jr then opened the case for the de-
fense aud said the had at last arrived in this case
when the prisoner could say something IN support OF his
own innocence and when not only his ownlnnocence may
be shown the pure fame Of his departed mother may
be INDICATED The difficulty OF at first sumnonlng "a
jury adverted to- and after complimentary remarks
TO the jury Mr. Bradley said the attorneys for the de,
Tense came 10 the trial IN TINS case III iu confidence Oh
the innocence OF the prisoner They had come 10 ths
conclusion not from sympathy but after iul ana can
did Investigation OF all the circumstances SURROUNDING
the case All that the prisoner asked was iu and iar
rest all the misunderstood circumstances OF TINS case
Every prisoner presumed To be Innocent until proven
guilty and yet IN this case the Assistant
ney In his opening remarks held HIM UP as monster OF
| niquty. - 81, NJ, ,,n.,. ,
ment and argued that he had not proven what he with
an eloquent flourish, sad he would prove The accuse
ton made against the prisoner had not been sustained
and he mfr Bradley argued that all such arguments on
the par the prosecuting officer were out Of place He
|
no more henious the sight OF the Judge OF all mankind
than the murder Of the most obscure citizen He depicted
the horror Of feeling that attended the assassination OF
President Lincoln and he then referred TO the fact OF
conspiracy murder. and that the prosecution endea
yored show that surrat the head and front OF the
conspiracy There was doubt but that Booth in
the conspiracy there doubt that Payne was one
of Harold and Atzerodt Mrs surratt 1t would be
shown that least great had been committed in
the prisoner The conspiracy had not been traced out 10
1863. promised II would be- Booth was the head
/ prisoner made his acquaintance TIL 1863 The
circumstances OF the introduction OF surratt to Booth
Tehearscd the character Of the two men were de-
scrbed and IL argued that Booth was Just the man
| 10 corrupt like surratt Toprove the intimacy Of
surTatt aud Booth, Wcclman and John VI. Lloyd were
the witnesses most depended upon by the prosecution
The defense would contradict Mr. Lloyd IN many mpor-
| tant particulars Who was John NJ. LlOydt man who
a sefpOclaimed, low, groyclling drunkaldi VINO
was drunk April lith that he did not know whether
| he fell down before MIR. surratt or not.
Mr.. Bradley then detailed some OF Lloyds testimony,
aud said Mrs Outt would be put upon the stand and
would contradict ms statements from sober standpoint
She will show who was present on April H. ana all that
as Mrs surrat drove away IL will be shown that Lloyd,
the morning after the assassination denied what ne
has testified 10 ON the stand and called God witness
the trnth OF ms denial The next witness was Lewis
]. wclchman. clerk in the War Department, and a
quondnm student of diynity-a man who was treated as
a 10y this murdered wOnan-a man whose bastard
heart made him quake for the position IN which he was
placed and he became the principal witness up on that
other trial.
the country and that ON the way they went TO Lloyds
and that Lloyd and Mrs Snrrat whispered TO each other
but this Is fased by the testimony OF Lloyd himself 10
Will be proved that OF the cOnspirators who
called az Mrs Surratts on the night OF April H. IL VIII
on that night; that she said the murder ~ Mr. Lin
coin was punishment upon this people tor iheT price
and hcentousness that the conversation detailed by
Weehman as having taken place ut the breakast tnle
April IS. had 10 place except IN the brain OF the WIZ
ness. What transpred at the staton-House VIII be
shown and II will be proven that Wechman was at all
times under arrest The statements ana CONCESSIONS OF
this witness will also be shown and IL Will be proven that
he intimate with me eohsPraors III VIII De sn9Tn,
also that the Information he obtained BY virtue OF hls
ONCE at the War Department, which could be OF benefit
Ia the Rebels was communicated TO blockade runners
The character Will be fuy shown Ihese Two VIII
10 prove the conspiracy then they attempt to
that surrat here on that night IL is necessary 20
prove his presence here all charges OF quit IAN To the
ground. The first witness TO prove thisis Sergeant Jo
seph NJ Dye. the dreamer.
described we Will show 10 the jury who the men he de
scribed We will produce the man who looked IN
the carriage and the who called the me-ten min
utes pa TENN audible tone Of voice We Will further
prove tho record OF Dyes indictment countefelter
and will show that he never had inc eoh'eisauoh
with Mrs. suIratt, as sworn TO- 49,, - n, -,
Who else do they produce David c. Reed, gambler
for twenty years IN allowed VIII contradict nm out
OF his own mouth and will prove his Indictment ior
criminal oiense and VIII prove nm 10 DS b u
belief As 10 Caspers testimony II Is so lndlsthct hat IL
is unneeessay3 atspt 10 e8h i contradct by
showing that ne that he and never knew
John surIatt the day before testiyhg ana ~ VIII DC
shown that he never saw John smra; ~ VIII pe sno"h
Another witness is MI. h. s. Cieayer just Iesh rom
the Jail admitted bail since the jury was swori but
originally committed for crime OF murder, COMMITTED
in the vilest manner upon little girl ms IN man, aider
Sanford ConOvcr alias Dunhan-comes mere ana
swears he saw Surratt here on Apr H. worthy SUI
cessor 10 Cleayer the witness stand was BeIann W
Vanderpoo who says he Is member OF the newton
Bar II Will be shown that this witness asserted that he
John surrt that lac was summoned here. ana
did not come voluntarily; that he was not partner OF MI
Chauncey shaer ia Newlork, but was allowed 70 keep
hs desk there that could not have seen an afternoon
performance at Metropolitan Han, because there was no
afternoon performances there ana ~ viii ne tSa p
Shafer sent duplicate kilograms to the prosecution ana