The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-28
TRIAL OF JOIN II. SURRAYr.
The Defence Refused an Exten-
sion of Time.
Judge Fisher Orders the Case
Closed.
ARGUMENT FOR THE PROSECUTION.

The crowd OF spectators within the bar has OF late
been grea, seriously inconvenience tho move
nents OF officers Of the the performance OF
their duties The presence OF 20 large crowd, too,
has prevented free flow of air through
the rsom and lhs has been source OF great annoy
ance.
Judge Fisher accordingly this morning decided TO
limit the number OF spectators within the BAR and he
had directed most OF the old tickets to be Withdrawn,
aud viii ON Monday issue different style Of ticket
After the opening of the court Judge Fisher m
announcement the above effect. He also announced
that during he wanted no signs Of appro-
baton dsapprohaon al anything that might
The Marshal would have his force properly placed and
would remove from The court room any giving any
sign OF appreciation or Misrepresentation.
Mr. Lradiey said he was sorry TO inform the Court
that eoe witnesses TO Dr. bssel character
the way, but had not yet arrived here Ho did not
know what sort OF application To make for further
indulgence, but ne hoped the Court would
discretionary power TO enable the defence have the
benefit Of this testimony. IL essential, nH only
the ITSELF but also to the character Of tho Witness
~ ho had been terribly asaled, could he
that Or Bsseli's character not that could be
easily mpeached There was also witness the way
who would testify 10 Dr. Bssels presence in Eimra
April H.
Mr.. Carnngton said he understood that the case was
70 be bed only until this morning, and he hoped
abe agreement would be enforced.
Mr. Bradley SAID nine witnesses were on tho way from
rev YORK and others rom owego and Other places, and
bility.
Mr.. Pierepont said that it understood yesterday
thai the TO DO kept open only 10 allow wit
nesses TO DO examined ~ ~ character. He doubted
whether this was matter OF much Importance, the
wDOe question at whether the jury would be-
heve Tie Witnesses under oath, not whether witness
neigbbors wouiu believe him under oath.
Mr. Darlington thought would be undue
OF Judicial discretion to allow tho be reopened
Tor tne purpose. The prosecution had witnesses in
ATTIC dance against DR. Bisses character but they could
not ask 10 have the case reopened
Judge Esner SAID no had been disposed to be induI-
gent and Il LIE had not been indulsent the would
posed TO cose tie case aud there then only
understanding as TO the speeches, and he could
not Therefore, sec thai there would DO any
prejudice 10 The case IL IL was now closed; and
\ there were no further witnesses attendance
he would close The far the evidence
cerned. Judge Fisher then proceeded to deliver his
opinion Ipon the motion argued yesterday, to strike
out CERTAIN testimony The items OF evidence relative
the alnck upon tho Vice President and upon Secre-
iary Seward he would leave stand, because they were
all parts )f the transaction aud the scheme
As 10 The evidence about Jacob Thompson he would
strike out because he couldSnot see that II
nected sith the prisoner; as 70 the item OF evi
dcnce elative TO the shooting OF Union soldiers
escaping from rebel prisons he would permit II ~ stand
because evidence showing a concerted plan OF
action MT only TO kill President Iincon, but IL n
plot against the United states government and would
show In malice OF the accused to the government Tho
evdenc IN relation " telegraph communication be-
tween Washington and Elmma and the evidence in re-
laisou trains between Washington and New York was
ruled OFT because 1t was not properly connected, and
becaas 1t evidence In rebutal Of anything
had ben offered by the defence. The duel letter
ruled cut because il admitted by the prosecution
that nead no, boon connected with the prisoner.
M Bndley noted an exception TO the ruling Of the
Coyt admitting certain items Of evidence.
Her sme conversation in relation 10 the signing OF
sh' exceptions by tho Court, Judge Fisher sald the
counsel should proceed with their argument the
r henick asked the Court rule upon the question
submitted by him relative 10 the speeches and whether
10 The defence declined TO speak speech by the
prosecution would not close the case.
r P,errspopt said this was no ordinary case, and he
minded that restriction should be placed upon
selin addressing theojury.
ndge Fisher said this was one Of tho most voIumnous
eses and n the defence did not wish to address
~ jury he thought he could not restrict the prosecution
tbut one speech.
Mr. Darlington contended that this case was one OF
much magnitude to be permitted be thrown upon
no court aud jury without argument.
Mr. bradley submitted tina, II the prosecution pro-
posed divide the labor the defence should be
Of that division In justice TO Tie prisoner he would
suggest, therefore, that The prosecuting officers make
shcir speeches rst and let the defence reply and then
both Of the counsel for the prosecution could
reply. He did not know what arrangements had been
made, but be believed the prosecuting attorney had
always closed the case, except IN one instaucen the
Gardner case.
Mr. CHrugton said he bad gwen way 10 the other
counsel in the Vandermeeken case and he received u
severe excoration for II from Mr.. Carlisle
Mr. Bradley said he deserved the excoriaiion. and
would always deserve II II he reslgued his nights
prosecuting attorney TO hs associate counsel.
Mr. tiereponI eontended that the defence had
ere ION Of the court, He bad been asked to close the
by the District Attorney aud he had agreed do
20 and would now speak unless the Court said he could
not do 90, in the event Of the defence declining to
Judge Fisher said it was best To proceed in the usual
way and directed the prosecution to proceed with the
Mr. Carrngton. District Attorney opened the arsu.
ment and, after few preliminary remarks, he said he
surprised the counsel for prisoner had
offered 10 submit the because their only hope
that In the jury cropping through this mass OF tcsti
mopy they might lind some reasonable doubts
rs TO the gun OF The prisoner, which doubt
would all be dspelled by an analysis Of
the case. He explained TO the jury that Il was
the District Attorney Weld close
of the his counsel but he referred
Ia precedeus 10 show that had sometimes been DONE
end be had therefore yielded the place OF honor Mr.
I,euepont who had been employed by the government
10 assist In this In arguing this be would
would speak OF this murderer traitor aud assassin
deserves and would also refer In proper the
rebel spy who came TO defend him the stand
He could not look upon ibis murderer and
assassin ~ representative man Of the South,
aud u v. attempted TO make him APP
pear such a representative, he hoped the jury
would spurn IT, for Southern did not desire assassin
alton He spoke TO Jury OF Southern men, but what
Southern would shield the murderer the assassin
What honorable Confederate officer soldier taken
stand shield thus assassin from the consequences
?, ns az ross som Io% 10
by tcsiyiog In his favor An honest jury OF Con-
sedersse soldiers would after hearing this evidence hang
chs wretch ~ high ~ old John Brown, Haman.
Upon this point all honorable men agree. The
derer asssssn OF any criminal who deserves
The anaih emss and indignation OF every man who has
heart feel for the honor Of his country
Who the men who sympathlze with this prisoner
and his horrid crimef The original seeessionsts. who
ri.d the land with widows and orphans, and tue men
who stirred ny strife but whose coward hearts pre-
vented them from boldly svowing their sentiments;
and ne hoped the Jury would wipe the damnns stain
frrr the escutcheon of the country This ~ solemn
scene The jury have before them sdyiug man who
has forfeited his life by his crimes. YOU, sen
usmen OF the Jury, have sworn 10 decide this
case according 10 the law and the evidence, with
appeal TO your conscience and your Cod II mat
Ter Of ccnaiulaon that jury has been selected accep
sOe 70 both parties jury with whom any man could
intras, bis NE THIS case TO be decided according 70
the Law aud the evidence and this law TO be taken ~
laid down by the honorable Judge and you are 10 look
90 him excluevsy for the law FROM the judge the aw
must he taken, add the Juror who departs from the Law
90 laid down ~ the Judge commits the Heaven daring
crime OF perjury The province OF the Judge 10 asccr
whether the law and the evidence Justify vsrd Ct
OF the guilt Of The prisoner He M Carringonl would
undertake to show that every fact essential 70 the guilt
oi The prisoner been established aud that every link
the chain has been forged by honest links bind the
prisoner tho bar 10 the body OF tue murder
tssry privilege has been accorded TO tbs pr soner he
has Jury selected mutually ana be has been ssalousy
defended BY counsel OF ability Mr. Csrinv,on sad that
be 49,