The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-15
THIRD EDITIO N
The TRIAL uE JOHN II. suRRAIT.

WASHINGTON. July 15--The surratt trial was
usual, crowded with spectators, many females
being among the number.
Hogan, of Missouri ex-Member of Congress
from the ST. Louis district, Hon. Henry ID.
Weshburne, of Indiana, and dex-Attorney-Sene-
Judge Fisher delivered his decision on the
admissibility of the Webster House register, TO
show Surratts presence in Canandaigua on the
18th Of April, 1866
"The register OF the Webster House, Canaan
daigua, offered in evidence when we TOOK n
recess on Saturday, cannot be allowed to go to
the jury at present. 1t was proved by the
former proprietor of the house TO have been
The register used by him. aud turned over By
him on Monday. the 18th Of April 1855, 70
his successor, who swears that he kept
the same book lying open on his counter
until ali the blank leaves were filed up,
and then placed 1t under the counter
knowledge used for any purpose whether
honest or fraudulent. This is just precisely one
blished rule OF evidence, that prisoner shall
not be allowed to manufacture evidence for
himself, was intended to meet. 1t is said that
the name John Harrison, standing on that
register for the 18th of April, 1885, having been
sworn to by Miss Jenkins as the handwriting of
Surratt, IL ought TO be admitted as evidence
tending to provetbat he was present at tCanandai-
qua at that date. Butas have just said, lis evil
be put in evidence against him, If in his hand
writing, yet IL cannot be used as evidence In his
favor, just as any diary which he may have
against him, but could not be produced in evil
dence in his behalf Besides the fact, II esta-
blished beyond all doubt. that the name John
Harrison" is in the prisoners handwriting, does
not even tend to show that he was Ia Canaan
daigua on the 18TH of April, 1865. The name
could as well have been written by him in
Canada, or Rome, or Egypt, as in Canandalgua.
The book has been at the mercy of nybody for
more than two years. 1t could have gone to
Canada and back a hundred times or the pri-
soner, daring his stay there in Canada, could
have gone to the book just as often. The entries
hale hn VNnV nf Vnhn INnR iCnT 10 wa a
the entry itself, may as well have been made at
any other time as on the 18th of April, 1885
"It is to guard against Just such contingencies
as this that the rigid rule of evidence to which
/ have alluded was established. II the defense
had proved by any credible witness that the
entry of the name of John Harrison had been
made at the hotel in the regular course Of busi-
ness on the 18th of April, by person passing
under that name, the book might go In evil
dence as a memorandum of a fact made at the
time Of its occurrence, and thus proof that the
entry was in Surratt's hand IL would tend TO
show that he was there at that time. 1t is only
as a memorandum so made that IL is allowed to
speak, and IL cannot take the character of such
made at the time and place OF which 1t is de-
sired TO speak. Let the principle be once
gister as it now stands is admissible, and
the proof OF an altbi will be the easiest
thing made that could possibly be conceived of.
A crime may be committed here, the guilty
party may escape to Canada registering him
self in an assumed name wherever he may stop,
and will only have to travel back again. write
his true name at or near the bottom OF the APP
propriate page of the hotel register wherever he
Stops on his return, with one or two friends to
write their names under his, and the defense of
the alibi is complete"
Mr.. Bradley stated that he was in q condition
10 show by evidence that Surratt was not In the
United States between the 18th of April, 1850,
and September of that year, and IL could be
shown that he was In the charge OF friends there
all the time and never left there until he went
out OF the country, He proposed to offer that
evidence. Witnesses were on their way who
would state those facts. They were persons OF
the highest respectao1llty.
Mr.. William Farling was recalled for the de.
tense, and stated that the ordinary route from
Elmira to Albany is by way of Canandaigua.
By Mr.. Bradley-What time would parties
arrive in Canandaigua from Elmira. taking the
Webster House register as a guide. according to
the regular course OF traveR
Mr. Pierrepont-l object to that question
The Court said the question could be putwith-
out reference to the book, and taking the regu-
lar course of travel and business.
The witness-One train arrived between 10
and ii A. M another in the evening between
0and 10; there are two or three routes from
Montreal to New York, and If you go by Albany
you go through Syracuse and Auburn; the
trains go east at $50 p. NJ. now; Mr.. Chamber
lain took possession Of the Hotel on the 22d of
April 1885, the sale to him was made previously;
there is a hiatus In the check book; the
leaves are missing from April 18th to
April 20; when the witness sold out this book
was packed away among other rubbish in the
woodshed chamber; the children played there,
and the witness supposes they tore the leaves
out in their play; the book was subs equently
taken out by the witness son and given to the
witness; the leaves were missed, and searched
here who stayed at the hotel, the Webster
House, on Saturday night, April Is, 1866.
Cross -examined-If person arriv ed in Ca
nandaigua on Saturday night he would not get
away again until Sunday night about o'clock;
there are two routes from Canandaigua to Ca
NADIA; no person died at the Webster House on
Saturday, April 18th, 1865, thaJthe witness re-
MEMBERS the Provost Marshal Wood boarded
at the house awhile, but his wife did not die
there: the witness knew the Deputy Marshal;
he boarded there, but his wife did not die
there; no woman died there on that day; Mrs.
Bell died there about six months before that;
the night book showed whoistayed at the house
over night.
Joseph N Dubarry sworn-Witness resides In
Harrisburg, Pa; is General superintendent OF
the Northern Central Railway, and has been
for some 1--WE years In April, 1885, he was at
Harrisburg, Pa.
The witness here examined book produced
in Court, and said that on the 18th OF April
1866 the mail train did not leave Baltimore for
Harrisburg at $40 z. NJ; train left Baltimore
and went 10 the Relay House, on the Maryland
line, nine miles out of Baltimore.