Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-02


Trial on Indictment for MURDER must be trie6
ior ne " oaense out of the head OF the iudse.
He says he will show NJ authorities. but be
trict Attorney did, a school book. Does not nv
learned brother, tpointing to Mr.. Pierrepoint, J
remember the speech he made in New York
some time ago, when General Dix was arrest
co. Does he remember OF telling Judge Rus
sell that the President was not q dictator; Il he
was dictator arreat him, depose him, assassi.
nate him. They have the audacity 10 say to
conspiracy for the furtherance Of the rebellion.
iet we shut ont from you the evidence to
snow what ne was engaged in and what he
was doing fop shall pot find man guilty Of
ana You shall not ind weapons to nil never
heard OF before The charge is the killing Of
mr.: Lincoln, and the conspiracy to kill him as
Is to Kill him from malice aforethought and
not for the purpose Of he'll ping the rebellion,
for 1t was in time Of peace l have no fear
about the case Of this prisoner, but am speak
ing to protest with all my hsart and soul
against these monstroas doctrines. And now,
gentlemen. werd or two rs to the proof in
this case. came into this case. did not
life, but II you had seen her who came to
me, her eye once bright and animated,
now dim. For two months, day and night at
expense expense toll and labor my two younger
formed their part OF the labor. When went
into that young mans cell, and traced out the
history, found every word verified. He told
feared for him since the Government proved
MS innocence month ago. They have that
most extraordinary gentleman, Dr. MCMILLAN.
wanted to, but who, happily for us, forgot
he gave receipt. i ask Yen, gentlemen,
to look upon that witness. You can tell
from the conduct OF witness. Never did
little bantam cock flap his wings and crow
with more airs than Mcmillan ex Inhibited when
ne took the stand to swear away the life of
tnat young man. But when Father Boucher
testified, he quailed and could no more look
MI Boucher in the face than Mr. Darlington
can look John Surratt in the face when he is
acquitted. What does he prove? He told
you that Surratt told him the plan had been to
abdnct the President, and he received q letter
from Booth telling him that it had been found
necessary to change the plan. He says Sur.
ratt telegraphed Booth in New York. Did he
beileve that Booth was in New York? No
mortal man has ever dared to swear before
this jury that this young man ever knew OF
the plan to murder The Prosecuting Attorney,
after abusing him, calling him traitor, coward,
assassin, every thing; asks you for verdict
after they themselves have proved his limo.
ceDce. Gentlemen, this case assumed a new
phase last winter, and put the deepest dis
grace upon the conductors Of the prosecution
before that military commission. Suppressed
testimony; testimony which would have ac-
qutted woman; pIous mother who had
loved and respected her. with two orphan
children near her, and a third in Texas. That
diary, written by Booth. They suppressed
that diary which exculpa,es her; that
diary which shows who and what the
man was; fanatic and a mailman, His
father was the most thorough Red Re-
publican who ever settled in America,
and this son inherited the traits OF that fat her
he was an accomplished scholar, and moved
IN the best society. but be had running through
him this Vein Of insanity. and above it all
hoWs that lndescrlbable affection OF son for
mother. Wonderful was the power he ex.
erclseG over men. wonderful his power on the
stage: making his $4,000 year; vet he has
gone. as he deserved, TO dishonored and
ielons grave. That book testifies to the pris.
oIers Innocence. They nave proved, not only
by Mcmillan but by this AIRY. that il Surratt
was In conspiracy at all it was to abduct,
and be knew nothing of the murder wish
could tell you, gentlemen, wish 1 could tell
the counsel what Vanderpoel said before he left
TINS courthouse as TO how he came to m axe
of Lee, Fanderpoel, and Susan Ann Jackson
l take the diary. Does 1T not prove when the
conspiracy was formed! Don't they show by
the accomplished young man tMr. WEIGH
man)-it would not do to use language like the
District Attorney, and call him liar, villain,
traitor, DC: but l think / will show, before |
am done with him. that he is fit associate for
Conover and Cieaver. Does he not prove that
Surratt declared on March 10Th, that all had
failed! Is Surratt shown with any or these
parties after that! They show by WEIGH
any conspiracy. it ceased on March 18th
John Wilkes Booth tells you from the
grave that the project to abduct failed
The prosecution in orGer TO excite your
but have gone INTO the very earth 20 root up
and bring out bones of dead beings The
learned District Attorney says, that John
Booth killed The President and has gone to
-, wont name the place, and has LETT Beel-
zebub. l think he must have had some evil
spirits with him, for where did the proseeu.
lion get their internal spirits 70 testify here.
They have had gentleman in black here was
looking around for him while ago, but cou Id
not find him. think he is the Foster father OF
this case Where has he been? RakIng up
the whole place for witnesses to assail Mr.. Cass,
man OF as good standing in his city as
my learned brother is in his city OF New
ork Again, (polnting to MIR. Pierrepoint,)
Did YOU not ask q respectable physician on the
stand, have You not been indictedr' and
many other atoms. He has made charges
against our witnesses. but never dared to put
witness on the stand to sustain the same. If
ever ask witness one word to imply guilt
without having the proof by me, may be
turned out Of the society of honest men. Look
at the case OF Mr.. Maggie! Does he dare to say
Montreal to discredit him. l venture to say
that you could get fifty men in Washing ton
who would swear they would not believe
me on oath, judging from the articles pub
lished in a dirty sheet here, charging
me with corruption, charging me with
attempting TO bride Hobart, and that
Gentlemen, the history OF that Jew swearing
falsely has been published in the public
papers, aud you will see it when you get out
OF tn at jury box, and you Will see where the
corruption is. understand the gantlem an in
black has been correcting that map upon
which made figures, and 1t will be presented
10 you gentlemen. by the prosecution in their
closing speech. Surratt reached Albany a:
5 IS on the morning OF the 18th. We snow
the first train left there for the west att a. M
and reached Canandaigua at 4.52 d. m
and by no possibility can he reach Canaan.
daigua until So on the 18th. He was at
Elmira on the 18th; taat is proved. 1t takes
two and a half hours from Canandaigua to
EImira. that Is the proof of the Government t..
! was willing to stop the case there. thought
the represen tatiyes Of a Government like this
would enter R0lte pr0se4ue after they had
proved a mans innocence. Oh you smile.( look
is deeper damnation in this world than to
prosecute man when you know heis innocent.
They have heaped testimony upon testimony
for what! To prove Mrs. Surratt's guilt 1t
Is not As to the guilt or innocence Of John Sur
raft. He is cleared: but the Government want.
ed to prove bis mother guilty. We have fall
sified the proof of the Government so that
even defy the gentleman in black himself
Mr.. Bradley here reviewed the testimony OF
Surratt in Elmira was not only unim peach-
ed but sustained by the Governments
own witnesses. Although the gentleman in
black at the elbow OF the Prosecutor suggest
ed numerous questions, fortunately tn cir wit
ness Roberts w as an honest man. Stuart tells
you that he was i'll one store, and Carroll in the
other. When he saw strangely dressed man
enter and talk to Carroll, he tells You that was
about his dinner time on the lath Of April. He
served the manner OF the man as he did then,
and identifies him the sarne pprsnu Was