The national Republican., 1867-05-28
THE NATIONAL REPUBLICAN, TUESDAY MORNING. MAY % ss7

terday In the Criminal Court-Judges Fisher
Olin, and Wylio presiding-the trial or John II .
Surrst for alleged completely In the assassina.
nation Of Abraham Lincoln was expected 10 come
Oh. Long before the hour Of conyening the
court room was filled with anxious spectators.
The reporters were on hand; the lawyers on both
sides apparently ready, and at q few minutes
past ten District Attorney Carrington introduced
the Hon. Edward Pisrrepont, Of New York, who
was TO act In conjunction with Gen. Carrinrton
In assisting the prosecution, and who desired ad-
mittauoe to the bar Mr.. Pierrepout was ad.
mittsd on taking the Necessary oath. The roll
OF jurors was then ealled--all but three answer
Ing 10 their names.
The judge said this was the day set apart for
the trial off. II. Surratt, and he wished 10 know
II the counsel were ready.
Mr.. Darlington said that he regretted exceed
ingly that there were several difficulties In the
way. One, he said, was that the trial would run
into the next term. He thought II would be q
work Of supererogstion so to do, whom at the
next term witnesses would have to be re-eram.
ined, 10. He called attention to the act Of Con.
gress Of March 8, 1868, in relation to the above
matter.
Mr. Darlington also said that on the third
Monday In June there would be a new grand
Jury and also new petit Jurors. This, Of course,
came In conflict with the above act and was an In.
suparable objection. He said there were mum.
Der Of witnesses to be examined, and there were
some who had not yet arrived, though probably
they might be here At any time, and he wished
whom the trial was commenced that all could be
present and answer to their names.
Mr.. Msrrick said that there was an act Of
Congress which stated that trial could be pro.
ceedsd with until Its close, and the regular court
be adjourned over.
Mr.. Bradley desired the presence Of the pris.
oner In court during the discussion, and the
Judge directed Marshal Phillips to bring surratt
into court.
Tho accused was brought from the jaii into
the courtroom and seated In the dock, and
aftsryerd alongside Of his counsel He was
dressst In suit Of black and looked somewhat
attenuated-ths confinement evidently being in.
iutious to him. He is Of small, slender frame;
light hair oombed behind his ears and light
mOustsoho and goatos, His face Is quite thin
and eyes sunken.
Mr.. Merrick arose and said hs understood that
case.
Mr.. Darlington said that the newspapers stated
that ho Qhe District Attorney asked q continu.
ance before. He felt the responsibility resting
upon him as the prosecuting officer. He wished
to put himself right, and repeated what he had
said before-that he was not ready to procsed
for the reasons he had expressed.
Mr.. Bradley said that the defence was ready
to proceed.
Mr.. Pierrepont said that the prosecution were
not ready for the trial to be proceeded with. He
did not know II there was any technical motion
necessary for q continuance. Important wit.
nesses were absent, whose presence was neees.
sary, and they Vhe prosecution were not ready
until those witnesses were here but II there was
statute which allowed them to proceed, he was
not aware Of IL. Here Mt Bradley stated there
was such q law. Mr. Pierrepont, however. de.
sired a continuance, II the judge would grant II.
Mr.. Merrick said simple suggestion from
counsel may be motion, but motion was neces.
snry to allow the defence to know when q per.
manent day would be arrived at. Vague sug-
gestions would not do. The prosecution must
frankly deal with them, and let them know when
q day would be had. He said that the sugges.
tion of Mr.. Darlington In reference to the trial
interfering with the next regular term Of the
court was obviated by tho act Of Congress Of
February, 10, 1858; which Mr.. Merrick read to
the court. The section reads as follows
"That where, at any term Of the Circuit or
Criminal Court of the District of Columbia, q
jury shall be empannelled to try any cause or
any issue or issues Joined in any cause, and II
shall happen that no verdict shall be found, nor
the jury otherwise discharged before the day sp-
pointed by law for the commencement Of the next
succeeding term, the Court shall and may, never
theless, proceed with the trial by the same jury
in every respect as II such term had not com.
menoedi and all subsequent proceedings to final
judgment, II such judgment shall be rendered,
shall be entered and have legal effect and opera
tion as Of the term at which the jury shall have
been empannelled, any law or usage to the con.
trary notwithstanding.
Mr.. Merrick further stated that the counsel for
the defence had gone diligently to work to pre-.
pare for the emergency Of the day. All the
means Of tho prisoner and his family had been
expended, and they had exhausted all their re-
sources they had brought witnesses from Canada
and from the extreme South; and they would
bring others, very important ones, only for the
lack Of means to bring them. II tho trial was
again postponed, It would be impossible for them
TO hold their witnesses, and equally so to bring
them here at q future day. He left tho matter
to the judgment Of the court.
The judge directed Mr.. Middleton to call the
names Of all the witnesses
Mr.. Bradley stated that the witnesses for the
defence were all here.
Mr.. Pierrpont arose and said that previous to
calling the names Of the witnesses he would like
to state to his honor that tho late act Of Congress-
March 3, 1858. covered everything, and that the
judge had the power to grant q continuance
The judge stated that he proposed calling the
names Of the witnesses, so that they could find
out who were ABSENT and by that means perhaps
they could set some particular day for the trial
to proceed.
the names Of the witnesses opposed to be adver-
tised, and that up to this time they had not
known VINO tney WERE NOR nhu tnoy peon iur-
nishod their names.
Mr.. Darlington said that he was not aware Of
any custom or law in reference to that. 1t might
be matter Of courtesy, and If so 1t had not been
extended TO HIM.
Mr.. Pierropont said that It might save time
and bs convenient to all II they would postpone
until the 10th, as they would DO ready then to
proceed until its close.
Mr. Bradley wanted to know II they Qhe de-
fenco) had to bring witnesses from California,
and were willing to proceed, why should not the
prosecution also be3 He was willing, even after
the defence had closed, II the witnesses for the
prosecution arrived, they tho defence) were will
ing to receive 1t. The defence had brought wit
nesses from Texas and other parts, and he
thought on the part OF the Government that they
were dilatory and could have had thoir witnesses
hero. II was wearing out the prisoner life, and
as he stood charged with 4 grave crime he was
entitled to 4 speedy trial. He asked If any sub
penas had been issued by the marshal Of this
court to the marshals Of other States for the at
tendance Of witnesses horo
Mr. Pisrrepont said he was unaware whether
tho District Attorney had the subpenas issued
or not, but he did not know that an affidavit was
necessary to subStantiato what he had said. In
the courts where he had practiced the word Of the
| District Attorney was sufficient. As high Gov
ernment officer his word would not be impugned
| unless the judge knew to the contrary.
| The defence asked to see the records.
Tho Judge said as ho understood It, the Dis.
| trict Attorney had stated that he had used due
diligence to compel the attendance Of witnesses.
Mr.. Darlington replied that he had.