The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-31

he sese. he ,remoe because nsccnce rsuing hun
Mcmillan notices his land a h@ ssos and ana
ssoweaess has cause s fear few days s ago The
FT Sn vSS a. S sn s YET Re &
bad % Hs sss s scad 10.
whose bosd aloud for ,. WITH such
eeac Jury almost :s TO pursue 1s q ih Il, %sss,
,s e6ssr Of Romans. ta The Bible Itself
commanded that the Officers OF the law should avense me
was shirt OF Ia led this
from s READ ms spssss sp
81 s s1 Sy
public upon the murderer that the officers OF the
s s &c
mSas wSS
opposed 70 tho proper punishment OF murdeers Mr.
TH sa BEEN
are COD ministers % execute venseance and II they re-
fS a than Cod ss % any dSSS
Ne fS high aas suy bS they
has hs Ss PRISON.
Of nt sad H. was a
DO ali The material fseis and po" to The
;sssdiss upon III. pops Ss would Isal rom Green.
rssssed % he sSsrse Of CHEZ Justice Shaw upon
viii RI oSe wsGisr s a Mr. that
son@oe doubt does not mesna speeIstive doubt, All that
der e II heo S human q oy sur
guilt has proven beyond reasonable doubt
upon that sub Jet he would ask instruction OF the Court
easoS96e tas such doab. must exist as Is rseogp.ed
point with fearful unorrns certainty 10 the prisoner
ss Tine s ~ W % r enss s 10
Mere no sse s o% pS Sv se ssy thus sn Is, guilt
mony for the defence, would then subn.
remarks y the jury after which ne would leave The ease
call he attention OF tho Court the death OF
OF the bar lie suggested however that recess DC now
NJ ricropont would occupy tune in dis.
lHEnl no hat hadh sanf ll
passed. over by G harrington S'0'"' "'' 'uy
The Court then quarter one, took for half
Upon roassemolng Mr.; Darlington said he would now
srgumen, OF he gentlemen Of the defence there live
moycmer was here made by ono or two of The jurors
rhiGh Mr. osseryng he said that sey need not
he though no had already met them he then reviewed.
6 would psrselay ;hs travelled By
g II the S Ss wO T cast to hs Sve The man
and Mcurea IS New York, Abany ana Burlington and
" % s l., If he had .
and NOT ercuoGs route 10 Montreal II Is probable tere
ors that he TOOK he direct route II he was 10
nc IN Of april But ali &c witnesses show tlas b
Elther Boucher Another poip, Is whether surra
nm S on Ap IL Even Il he was as ,d he M e. %
and as question Of fact he not in Elmlra Apu r.
d BY both ScsT and law and nae" snq he
nvG Pr3O and rei yns or an s The desnss roys
this affirmative defence OF aib be proved by pre-
RGS from c sgJR Rs q sh S I'm 4:
nj said M o w a s sna
ea:Ga mat an alb mss. Be proved by reasonable doubt
ne doctrine ds in Si' court n the Of The
MaS sr Ia s o eTy sSa s the anetrn m . asaSs.
caed by Judge Merck brother OF o. the counsel fo
up T. must be proven beyond a reasonable donet -,
brother decided Il or not u.s.
M car rs saa was the Decision arc hs Court
The court that the burden Of the proof was upon the prison
asf
av 70 ms Presence here TINS gives to
the the ss
& b so i"w end
would put t a s the G for the aao"oe as
he Wines sr he and the y harms, decide
knew MIN from boyhood aud knew his father before him.
New Boo saw urr,, with him. and rubbed AND creased
ss sss ss s% . 9s ss e.
ss Of Se sy az Ro' Asn ne
wSs place s h r ~ 1s 40 s s1
and the nsT. has yet a ten e
ne a.. rss.
hs evidence The deenss and he would be brief i what
fact Ss. in with this Trial 4, min mggta,op lad
S q! .nf
SS tas o the % so and Sna s
s ~, were The hs e Invade Virginia. end eontendcd
Mr. Carriogton then proaeu,n,eed p,neSyris upo1,
ne and I9wer o r eIny r and asked
TO assassination with impunltyi What is the Union
the cxeuoa Of Il laws to restrain and PUNISH its encmes
and 8pe his danS n rom the eSsnhson 'e e Ss
s & 10 h be Dc @s iS S s 20 the
z the prisoner a the bar punishment he SO righieouy
Mr. carrnsten here concnded bis re"asEs and S0 Mr
s,a &c would n cs INC aenon 2, the C9Gr 70
70 snow ha t9e burden OF prvoi was n the defence he
the law 0 eV page 81 paging lis he a iSo si,e%
m n s ss spoa his ~ rGT p page II Fang
lie ,he Criminal Courts OF scotland, PAGES OF
been 20 fdiy '' eon.lisrsd hat 70 P PG 1 nSs
Simply State the points wSou, Seadius In " ib
as in all other long ihore al last out limited
upon which be Claimed this Whole case at last rested Tae
h the EiSs Of Abraham Lincoln frssdsnt Of tao un.isd
e.ncn Il he no, cnsnscd in the conspiracy which
g tai sa ssn w an .s p@ E The conspiracy
fsrhsi each confederate IN The cousprecy liable for
may be given in evidence acssas, every oiher and
The PRISONER ever beard Of IL vel, having s5ssWsnis
Joined in ,he conspiracy he i in every respect guilty.
s,ond-rhai when several persons ar. finally cor cd.
each hand the Of tongue and tho conception
each all every one Of the several persons
forming ,hs soiy Responsible ior tie
r',LTta, Sonsirsey 10 kdnAp nbduei o. murder tie
national peril - crime OF such Nervousness al.
INIT OF no accessories but such 10 render all the
their Aicrs and abettor PRINCIPALS
crime That sch - The common law Of Lnglsud and il the
law % this country.
Forr1.rh, such conspiracy, either to sbduc, g. kill
the President and thus 20 overthrow the snd
promote anarchy IA The nation crime % such nature
render supporter OF the conspiracy principal
the crime and liable Tor all he consequences OF murder
pcrpeirated by conspstof VIII Carrying out the
design. though no such murder have been originally
intended and though the accused conspiIaor had
personally participated therein.
FJhl hat the killing by consp razor In pursuance OF
common plan 70 Ahdgct makes each srat0r y Of the
siug. though such chine Contemplated b. the
oflcr conSuiTliors
NiifA That the personal presence Of the prisoner
Washington II not rssary his gailt la tbs case lac
could perform his part ia the conspiracy well Elmrs
a. At Washington and be equally gully place
the other. that he LETT Monrea in obedience TO order
OF has co-ocnsiStor Booth 20 aid 10 the unlawful
n matters not WHISTLER De arrived ia time TO hts allotted
pe OF not beng gu hi. 70 take HIS part sesdest
which may have DELAYED him does not change his gun,
SreH Thai IA legal con empatlon each cOusprator 10
present where the crime committed which
confederate bad conspiref, watch
sonsc1ncnce OF INC coneisrsed pan though IN fact the
ccnspirators did The decd.
EgiR-thst CO cousprs'or performing nj. part in a
conspiracy % Shduct or TO Ia The President Inc cataL
though not personally present. may 30 awfuy oarcted
* tnF LIE rrt .sls