The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-27

indicted for murder The evidence Of 49, ..s.,u upor
Secretary seward was not material; .;th he sttsck
no relation TO the case Of the prs s,inc. case and IA.
the testimony abou! Thompson hsa moi hesn connect,
90 ~,sn me esse @ IN 1esired 70 hear what the
testimony. ~
Mr. Pienepont di1er' a with the view counsel had
a a LII ~ ,sa rS Indictment He contesded that
slis Wa no oiu' felony. combination formed
ior me purpose cverhrowing the government Of the
United States The purpose OF creating anarchy ana
vomolha.op were formed and plans were made, and
tne scy formed for the purpose OF perpetrat-
was TO murder The and Secretary Of State It
MAS Ia carrying on this scheme Of anarchy that the
fr %.dent was killed and the life Of the Secretary Of
s/a,e attempted and for this conspiracy and its
resultant consequences the prisoner at the bar
on trial. In this motion it is proposed to strike out
hrsi the evidence in relation 10 Mr. Seward They say
1t is not claimed that Surratt attempted the
murder Of Mr. Seward; ia not claimed
that c, ns committed aa sSs %urds
that the life OF tho Secretary OF State was attempted
As TO The striking out Of surratrs confession McMi
an or killing Union prisoners could not be stricken
out, because part Of the confession be given
and part held back. In confession relating TO the
cannot be eliminated. Crimes always committed
with secrecy, aud the fell purpose lie not known until
committed we first find out the feeling Of The accused
toward the party murdered. The relations and feelings
Of the prisoner must always DO given as one Of the first
steps and this is given evidence OF the feeling the
ne shadow he s sss osa ns
s n s1' %he s0T se his sons Sr
AS 10 Jacob Thompson was shown that he was
neeted with the cOnfedency and that the prisoner
messenger 10 and from Jacob Thompson and IL tends
to show further the auimus aud the feeling of the
prisoner against the government. As to the evidence
That there was teiegraphic communication between
Washington and EimIra il was purely legitimate cyi.
denoe. Now Dr. Blssel has sworn that he saw surratt
In Elmra on the l4h Of APRIL aud 1t may be necessary
TO show that there rapid commune alton B.ssell
sweaIs positively that be Surratt at Elmira that
day. lie tMr. herreponu did not suppose any be-
lieyed the evidence but that il Stood and must be
met; and this evidence Is TO show that although sur
raft was in Enira az IL was true rs stated By DIR. Big
part in the great drama; and IL he
there for ihat purpose he was as culpable
as the man who blew The brains from Abraham Lncons
head As TO Atzerodt he proven TO have been
neced with the conspiracy, aud he has received his pun
ishment and gone 10 his account Having proved Atze.
rodt IN the conspiracy and united Surat with him, II
Ids debate 10 show that evidence TO Azerodt
legitimate AS 10 the DUEL letter he would say frankly
as lie had attempted 10 act this cause throughout that
they had not properly connected that and had doubt
1t should be stricken out AS 10 the transportation. it
was proper 10 sho. fact what trains left Baltimore
the morning after The murder II important fact
and II ing substantial fact, We had right 10 show
that tram ran, and that might have carried Surrat
20 New York, and thence on 10 Lake Champlain,
mo the depot at Burlington, where Surratt slept with
Joseph Lyons and where he dropped the pocket hand
keYcbief.
Ar. arlington said he would connne himself TO the
proposition whether the testimony asked 10 be stricken
out was relevant He conended that in any indictment
was prompted by malice anu al tho acts and sayings Of
the prisoner could he rren in evidence 10 prove that
malice. IT, while moving toward the commission OF
crime, prisoner gives evidence Of general malice II IL
always admissible 10 eydenc. II is charged and NAM
and in pursuance Of that conspiracy they did KIN and
murder; and 1t is proper 10 slow that This prisoner was
member Of iha, conspiracy, and, therefore, every
cooperated tending TO show express malice
10 evidence before the jury. the theory of
the prosecution is that this conspiracy was
Individuality In the eye OF the law Having proved the
existence OF the conspiracy and the object OF it, and
having shown ttc connection OF the prisoner with that
conspiracy, the CONCLUSION lie escaped that the
murder OF Mr. Lincoln and the attempted murder Of Mr.
Sewaid, were both part Of the Eoarous scheme
aud no one ever heard OF c0urt excluding part OF
one genera transaction II this conspiracy 10 kill
lions showing express malice, are competent TO be OF
Tered IN evidence and every act may be shown which
WIN sho" The state Of the mad or the consprators In
charge oi murder acts o: cruelty and cowardicc may
he shown 10 vindcate express malice for cruelty and
barbarity are the strongest evidences OF express
acting accessory OF tho Confederate government,
shot down nuarmed Union sodscrs while travelling
tween Washington and Richmond, IL IS admissible, to
show cruelty during the existence OF the conspiracy.
In regard TO the Dueil letter, he aEreei with mis- COL
league that the proper connection had been made,
aud that IL should be stricken out While he wouId do
all In HIS 10 bring the Justice he would
have hun tried iary and would NOT offer any evidence
10 prejudice the case In conclusion Mr.. Darlington
commended thai sura,s presence here was not neces
sary to make him amenable To the charge Of this mur
spiracy that was all that was necessary but out OF
abundant caution the prosecution bad brought surratt
directly TO Washn}to aud u would bs shown that he
was here TO the satisfaction Of The and jury. The
defence had attempted to show that Surra.t was in
Einra on the 18th Of April and the prosecution had
Shown by the railroad connections that IL physical
imposs,biy for the prisoner 10 have been in Emlri on
the 18th.
MIR Merrck said the defence regarded this case as
81 murder, aud II vas nothing but OF murder To
XII King, or 10 shoot at kim treason bn. we have
no king IN this country aud 10 Kill president In pur-
slabcc OF conspiracy overcome the government.
part OF treason l, we to be tried tor treason,
dict Tor treason, and have then certain rights
which not accorded in murder irsi VIII counsel
clam conviction for when ,he defence IL
accorded any the privileges Of treason When this
ind clnent Was drawn, It a simple Indictment for
murder, aud he held l. was bat simple murder. Abra-
ham Lincoln !, named in the indictment as simple IN
dvdual not named n President OF tho United States
nc Ia simple individual under protection OF the law.
Where the indictment for tins mans conspiracy You
indict him Tor murder, and conspiracy to murder
not named Conspiracy to murder is one crime, and
murder s another crime. and treason is another
Tue record says inc Indictment Is Tor murder;
under The argument counsel say u Is for con
spfacy Ia murder The constitution OF the
United States gaarantes To every speedy trial,
aud says lac shall be ADVISED OF the nature OF the
with which he u charged aud IL TINS is trial for
conspiracy then the prisoner has no, been advised OF
the crime wherewith he charged In the Indictment
he IL charged with murder, ana nothing hat murder,
and the whole question for the jury to decide Is whether
prisoner murdered Abraham incoln or was guilty
OF the crime OF which lao ~ cnasrcd IT there Is
conspiracy DO a. whatever is douc in pursuance
of lie con prarv n evidence hui poiinr bevoud tat
sfiray 10 murder Mr. Lincoln aud not To murder Mr..
seward, aud Therefore evidence he admitted rsis
tive - the attack upon MI seward As 10 The shooting
OF Union soldiers, Mr.. Merrck couiended that tnat act
showed no malice towards Mr. Lincoln raice towards
the murdered man might he shown, bat II cannot he
shown by ndireclion by proving that the accused
had quarrel with a Union soldier. Tue prosecution
seemed to think We lived IN country o. royalty that
Abraham Lincoln the Lords ancnted; that the
nineni ran down upon the heads OF whole army,
and that ~ touch ng one OF the smallest soldiers he
touched the head of the highest Because Surfati
killed Union soldier, does that show malice towards
Nr. Lincoln II Suratt had been tired and icted
OF killing the Union soldier could he put the plea OF
dntre foes ocg II indicted for the murder Of Mr. In.
cony The fat that Mcmillan said this part OF Surrats
confession did not make because II would be shown
that he was not NJ all 20 I've credited But il said that
all Of the confession must he given and that
be divided Ihey did not always hold 10 that doctrine;
for when the defence attempted TO offer The dying de
claaion o. this boys buchered mother vas objected
TO. They offered all OF her declarations that would suit
their sde bnt would not permit the defence 10 offer the
TACT that ~ Mr. Surrat oitering to the gslows,
with the world behind her and nothing before her but
God. she asse,eraed her Innocence Of the crime with