New-York tribune., 1867-08-03
THE SURRATT TRIAL
Tur SUMMING UP FOR THE DEFENSE-ADDlShSo
OF MR.. BRADLEY, SIR.
W,suIEGroN Friday, Aug. 2, 1851


,, oing in The Criminal Court Judge Fisher, presd-
ing -
Mr Rradley, ar. addressed Oe jury on Dehai VI lno
Scfepse He Mad hoped De would have been saVed l'
labor and the Jury fatigue Of any address upon t
ease lie would he brief in his remarks. l"o
case WIG a simple one. An Importance had ecn
eiyen 10 It which he thought not unwarranted n
hry are to try simply tlc case OF murder ei an
and arc 30 look only the charge laid IN the
The prosecution have cndeayoIed 10 enlarge 'o la
lions Of the case with zeal energy, ana e oe1 Sonocd
with ydictiyencss that nc had never seen trlncons
Was for the jury 10 Judge WY invever needed no
Sxtruded discus rn. the defense was co,lee "0a a
=, ,,", tie time 0g Surtatts leaving MOhutal ane
~ " ,c oi ms arrival IN Elns, and when the eXphcS
areoHt Booths diary was Ic", ~ 'LVul' "a
sttcppod sa@d tas mGnn not have called maneicd
man The NEST Infamous names inns may DC a MasLnS @ @
ton Jury. but Of fifty years pracJ no man
a ever dared 70 assa prisoner as TINS Pfsher
GiDy of ii should have been frowned upon and put be
you'd the pale Of all respectable LAWYERS lie poteStea
e.. & ne i,r are rot TO tind general verdict mt are
~ tnd verdict under the direction Of the court He
could not believe his when he heard tat assertion
Tbc court Is a mart Of the Government. The Govern
n,t o' S',tatas yiuf the court shall do says the
gentleman, and the jury must 90 as t9e O2GV SAYS
bat they bound 10 apply that instruction to the ey
dence Resistance to all oppression under an ciIc9m-
stances was Iigh duty Inc Ju! mas aalshI 10 ueIo[ Ter
mine question OF the law and the fact Is ~ NOT
mOEstrous then, 20 hear that court controls the jury
lie Mr. b. protested against such doctrine as
mOnstrOus aud ne rampled under foot the assertion that
court. The prosecuting officer said tins was simple
ease but what meant all the mass of testimony Two Two
thirds of which adduced by the prosecution WY
all the eXtraneOus murders why so much spaSee
devoted to the assault upon secretary SeW1ttui!
Judgment would find verdict which cooler Judgment
would spurn. The indictment charges pure case Of
murder There is not a tyro at the bar NO does not
know that man be principal IN murder must be
sary and he must be acquitted if indicted a principal
The fourth count of the Indictment contained Dut one
truth which that April Il the actual conNpirat0Ts
Booth. Harold. Payne, and Atzcrod did consplre Inc
indictment says at the county aforesaid these parties
bait to !. Judge TO tell hm that the whole country is
looking upen his decision III be true {neIe are no ac
cessOres 10 crime Ike TINS ana lhlt le W d
President be treated under different rules OF evidence
from ordinary cases. then he demanded IT should 6e
stated IN the Indictment first IL Is material ihat tae
prisoner should know exactly with what he Is charged
private individual The punlshmentls Is the same, ana
the rules Of trial are the same because II new Tes are
eet up that 10 not individual but the President
killed, the title should have been put IN the III
nictment II it different crime in law TO kill PreS
operate why the prisoner notified IN order that
he might be advised OF the crime with which ne Is
charged, and prepare for his defense:
From the authorities he deduced the following PROPOSE
tOns FIRST: That the act must ne III execution OF Je
design OF the cOnspraors TO effect the object OF the con
spracy As to this point he had shown that jhe ogeG
spiracy was made TO rob- and committed a murder
S@reS nSf %Sd on IN e b Y Ta if the object was to
Ridnap, and one member OF the conspiracy III an u
not liable. This is not an Indictment 10 try the prisoner
for killing President Lincoln or for committing the act III
simple Indictment charging the prisoner in the killing
of Abraham Lincoln an Individual Driven from their
points the prosecution seek to fasten new crime
heretofore unknown, upon the prisoner Now they nave
the ASSASSINATION TO further the ends Of the Con
tederacy, after they rule out evidence Dy %Mcn %i
the defense offers 70 show what smrat was DONG
in Elmira. The jury could not hnd a man
guilty OF oense that was not charged in the indlc
men The charge here is 10 Kill Mr. Lincoln as an lhdi
Vidua and President and the case must be tried
by ordinary rules and the same verdict must De rendered
guilty or not guilty He had fear of what the verdict
ia this would be. He knew what would be weeks
man can be indicted for crime and tried for another
Mr. Bradley said he did not come into this case for fame
appealed to by Miss surrat He at first refused
until Mr. Merrlek and Mr. bradley, IT, agreed 10 % no
prisoners story in the cell, and compared II with
story eorfeet and lie had no fears OF the result
ego the prosecution itself proved linn innocent Ar;
that Booths plan as ehanged was mol known 70 S9TII,
testimony SHOWS INA, NJ yeH & sSyTtt was "a 400 miles
and was physically impossible for Surat 10 have been
II WAS impossible for suratt to have assisted
Rooth even il he knew Of the change OF plan. II
TO NIr BIS mind clear that the Government knew
evidence NJ clear that the Government knew these facts.
and if they had been stated 70 the Grand Jury instead OF
al would have been troubled with the trial Of this
case Laey Knew 'a @ nf nT sCee % 10 @ 1Ec o Hq a % psS
March l6; they knew that on March "a surat left here
Tor Richmond. They traced him to Richmond and back
April They knew he saw no one here except that
arch traitor, Wcichman' Ihgy knew ne went 10
and was IN ElmTa on Apnl l5 and H.
They too knew what become OF the Branerd House
lister which has been found. They knew al these
things well before that indictment was found as now
and with this knowledge and with what the public never
apprehension. They knew his innocence They caught
him in Egypt and brought him here. It was right there
should be an investigation but when they found he was
innocent the prosecution should have abandoned and not
urged on for other than public puposes ofjustiee.
Mrs SurTatt, and then closed a review OF WEIGH
The Jury that the morning Of the 18th, he.
at the breadasttable said he would expose all
the conspiracy, and he says that which should have
death Of Lincoln than the death OF negro;
and this story OF that wretch is used here by the prOecu
zion Blasted be the tongue that would utter such false
hood. Not satisfied with calling the prisoner an assassin
and coward they put that Door stricken girl on the stand
and make her utter such sentiment that. He pro
tested against any such conduct Yet ne saw men ana
women, too, sitting 10 tins Courtroom, ana shaking
hands with that wretch. Oh! shame, where is thy
blushl Manhood! he is DO man-he is dog!
After reading some further testimony he lMr Bradley
wOad show that Mrs. Surratt not guilty; that the
proof against her now was not enough 70 an Dog ana
that the proof against her son was rotten 70 the core
honest man. Ihis man Neic1Inan says ne Knew Nj.
Garland. No mpcgches Carand5 testimony.
Neichman acknowledges he had conversation with
Garland Mheh CdilaAd is caleu ne says Nelchmdn
told him that he would not have testified as he did IL left
90 himself aud that he was obliged 10 swear as he had
done II Callauds testimony IS true, Welchman stands
convicted OF telling story at trial. and another
story al another only the statement now s more aggr
Eated because he says ne VIII ASSIST me prose
cuton He is utterly unworthy OF credit
hnd his testimony cannot De ehteItalncu.
in conclusion Mr. Bradley sud he hoped that after con.
Ederng the testimony and hearing the closing argument
OF Mr. Perepon the ury would render verdict of not
guilty without leaving The box and let this poor boy 20
free and ne hoped they would also, IL their prvi
legc do, draw up paper setting forth their conviction
and belief in the innocence OF the mother
Judge Fisher asked Mr. PerrepoDt If he ready 10
proceed now The latter replied In the negative and the
Court, al 245 pm, took recess unl ten O'Clock tomor
THE LABOR HOTEMENT