Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-08-14
s~URRATT's TRIAL.
The Charge Of Judge Fisher.

Au8u6b I'll TIE OUT
raft case to-day, after some discussion
upon immaterial points, Judge Fisher
charged the Jury at length, concluding
as follows: "From the observations
which are addressed to you, you will
infer, first, that, that q conspiracy form
ed in time of war to take the life the
President and Vice President of the
Republic, and the heads of the Execu-
tive Departments, for the purpose of
aiding tae enemies Of the Federal Gov
eminent by throwing it into anarchy
and confusion, is treason as heiRous
and hurtfui tothe people of this SCUM
try as comparing the death of the King
OF Queen Of Great Britain is to the sub
ject Of that realm. 1s u q
Second, That every person engag-
ed in such conspiracy, as long as he
continues q member of it, il RESPONSE
BILE not only for the act of treason, but
for any murder or less crime which
may flow from it. .
"'fhird, Thst the Government may
waive the charge of treason against any
against them for the smaller crime of
murder included in the greater crime
of treason lln - sra
Fourth, That under an indictment
for q murder resulting from the prose-
cuticn of such q conspiracy evidence
Eof the entire scope of the conspiracy
may be considered in estimating the
heinous character of the ofense laid in
the indictment. Es 7c a|
Fifth, That it was unnecessary to
aver in the indictment the fact that
Abraham Lincoln, the victim of muir
der, was at the time of its commission I
President of the United States, or to
prove, in order K Rllow the jury to take
that fact into account n determining
that heinous character of the crime, il
being a fact of which the Court will
take judicial cognizance.
sSixth, That he who does an act by
another, does it by himself, and is res
ponsible for its consequence ina crimi-
nal case as well "a in a civil case.
Seventh, That although an alb,
when clearly established, forms q COM
plets and unanswerable defense, mere
absense from the immediate scene of
a crime resulting. from q conspiracy
unrepented of and abandoned by the
party, will not avail him, if he were at
some other place assigned him, p~erfor-
ming his part in that conspiracy.
eighth That this plea is, unless
clearly made OUT always regarded with
suspicion, and a circumstance weigh
ing against hin who attempted It, be-
cause it implies an admission Of the
truth of the facts alleged against him,
and the correctness of the inference
drawn from them.
ninth. That the fight from the
scene of the crime, the fabrication of
false accounts, the coneealments of in
struments of violence, are eircumstan-
ces indicating guilt. aoT s61
"Tenth, Although a confession in the
slightest degree tainted with the prom
Use of favor, or by duress of fear. is not
admitted as evidence against him whql
makes it, yet, if made freely and
voluntarily, it is one Of the surest
proofs of guilt. o1
As to the eredibility of witnesses,
you are to be the exclusive judges-s
You see them face to face ; and know
whether they are confirmed or unsup-
ported, or centradicted by otheT wit
nesses of credit or other circumstances,
you are to judge whether their testi-
mony has been impeached, and con,
slider every matter that will she'd any
light'a IS toWhat has been truthfnlly or
falsely deposed by any witness. You
viii diligently eollate, compare and
carefully weigh and consider all the
testimony IN the case OF both sides
You viii not disregard or reject the
testimony of any witness unless salts
fed he has been shown to be unWor-
thy of pure evidence by reason OF his
want of character foT isfuth, his; cons
tradicting himself or being fatty co.,
tradicted by others of better credit. or
by dishonesty of purpose manifested
by his conduct and manner in testify
ing before you. ain conclusion, you
Will take the case with the honest pur-
Prise to do Justice to the United States,
and the defendant bearing in mind
that it is the otice of the law to secure
the punishment of the guilty and pro-
lection of the innocent. If John II.
Surratt, 4n che honest and intelligent
conTietiea of yeGE judgment and con-
sciences, is not guilty, 20 pronounce
by your verdict, thus giving 8 lesson of
assurance that g court OF justice Is the
asylum of innocence on the contrary,
if guilty, pronounce him guilty, and by
your verdict furnish 8 guaranty to the
intended victims of guilt. and q testi-
monial to the country and the world
that the District of Columbia, setapsrt
by the Constitution of the United
States IS the theatre of the exercise of
the Federal power, gives the judicial
guarantees essential 70 the p~Eotection
of the public servants, commissioned
by the people of the Nation to do their
work safe and sacred from the pres
ence of UNPUBLISHED assassins within
its borders.p sal q d
The jury retired to their rooms at TWEEN
ty-eight minutes before TWELVE tHr O.
At $3.50 p. u. Judge Fisher went hemesh
Rumors are flying that the jury stands ten
to two. The prisoner was Eakep tromsthe i
at 4:10. The Judge FetHElsSftGb2Qs
bat a. nothing had been heard from the
Jury, be subsequently left. 49, al
. Between nine and ten o'closk 1eding
vas brought into the Court Hqn Ia
ken TO the jury room. The Crows the
Court room hangs on, and M are {
asleep, The room is Simb HSbted /,
With candles. Among the sprs re-
naming were hRif s doze4sfeHales.
At 10 o'clock Judge EHhA again took !
MS position upon the bepehR ARD was in !
ormed BY one Of the .ba that there !
no prospect OF "a agreement. The !,
Judge stated that he would 60 home, but
you'd not order 8 recess; but it vas IN
ierstood he wonld not be here to receive
he verdict until tomorrow morning. !
some Of the jurors are comfortably dispos- :
d on pallets, and others are striving to 8
each other TO their views. I