Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-19
THE EVENING STAR.
THE TRIAL OF JOHN \. suRRATT.

n The trial OF j no. II Sdrrat was resumed in the
4Criminal Court this morning before Judge
Fisher, the room being crowed as usual The
prisoner and jurors were brought in at ten
clock and the Court was opened. After some
delay, caused by search for papers
Mr.. Bradley said he would first offer in
evidence the time table of the New York Cen
tral railroad for April, 1865 showing the
trains then left Albany at : O'Clock a. m, and
reached Syracuse at Ago D. M, leaving SYRIA
cuse at Canadaigua at 4.52
Mr.. Plerrepoint said they had agreed that
the tables be admitted as the time tables Of
the road. but they did not agree th at the trains
arrived and departed at the times named.
Mr. Merrick saId he would ask the indal.
sence OF the Court to present an authority In
regard to reopening the question OF admitting
the register OF the Webster House. He re-
TERED the Court to 18th Howard, u. S. So.
preme Court reports, where letter OF a de.
fendant was admitted.
Judge Fisher, after reading the same, said
he supposed hat letter must have had post
mark on 1t, or something on the inside, show.
ing conclusively where IL came from and by
letters ruled ont unless they bore a post.mark
showing that they did come from the place
and al the time from which they purported TO
come. They were admitted on account of the
post-mark, because that was evidence made by
some one else at the time the letter was mailed
Mr.. Bradley SAID an important witness, Mr.
Bushea, left Montreal for this city ON Tues
day and it was ex pected that he would be here
this morning, but nothing had been heard from
him. Sin yesterday they had discovered the
Whereabouts Of Il gentleman OF responsibility
IN Elmira, on the l4th and 18th Of April, 1865
and there saw the prisoner at the bar. This
gentleman and Mr.. Bushea were the only wit
uesses the defense now had to examine, aud
they would then close their case. The rul-
ings of the Court had excluded the testimony
OF large number OF witnesses which the de-
tense had.
Mr. Merrick said the time had now arrive
when the original evidence was al an end, the
prosecution could now offer nothing except
such testimony as rebuted that offered by de-
tense. He therefore moved the Court TO strike
from The record all evidence which the prose-
cution had offered 10 connect others with the
conspiracy bur failed TO do so. He asked that
The evidence in regard 10 Jacob Thompson the
alleged shooting OF Union soldiers; the fight
with some gunboat on the Potomac river; and
the letter found floating on some river in North
Carolina. De stricken from the evidence as The
prosecution had failed 10 connect them with
The conspiracy
Mr. Pierrepoinf said there were many things
offered in evidence which would be connected
and make the chain perfect when the evidence
was all reviewed. He did not propose 10 dis
Cuss his question now, but would do so at the
close of the case. As 10 the prosecution not
having The right 20 offer new testimony as re.
butting, he did NOT agree with the learned gem
rleman on he other side. The prosecution did
have the right o offer any testimony which
they had the right TO offer al first. The de-
tense had attempted 10 prove that Surratt was
IN Canandaigua, EImira and Montreal, AMI
The prosecution would show Ihat he was not
there.
Mr.. Carrlngton said The only question before
he Court was If certain items of testimony
should be stricken from the record. He thought
This whole question should be suspended until
all the evidence was in. He thoaght the evil
dence OF The prisoner shooting down Union
soldiers was connected with the conspiracy,
and il would be shown to the satisfaction OF
the Court.
Richard Sutton sworn and examined by Mr.
BradIey.-Witness had much experience In
reading and examining handwriting. Witness
was here shown the Toney letter addressed to
Atzerods, and testified he did not think 1t was
IN the same handwriting as the letter addressed
to WeIchman, signed by Surratt. Witness
was here shown the kilograms OF Booth, and
testified he did not think they were in the same
handwriting as the Charles Selby letter.
Cross.examined by Mr.. Pierrepont.-Wit-
ness did not think the Charles Selby letter was
written In a natural hand; witness did not
profess to be an expert; witness had not made
it study 10 examine handwriting to see if
writings were by the same persons.
Mr.. Pierrepont asked that this testimony be
stricken out, as the witness did not profess to
be an expert.
MIR. Bradley, r., argued that the witness had
much experience, and was judge OF hand.
Judge Fisher said the witness did not profess
to be an expert, and he therefore ruled the tes-
umosy out.
Mr.. Bradley suggested that the prosecution
go on. and The defence be allowed 10 examine
the two witnesses when they came in.
Mr.. Darlington said the prosecution could
not consent 10 go on until the defence had ali
their testimony in.
Judge Fisher said, il view Of the circum-
stances, he was inclined to give the defence
until to morrow TO close. The witnesses had
a long distance to come, aud time should be
given them. He therefore decided that The tes-
gimonv for the defence must close tomorrow
If Ii was necessary to sit by candle light.
Mr. Merrick asked what was to be done with
the molten to strike out certain testimony.
Judge Fisher said the question would remain
oren, and in the meantime he would review
the testimony, and if not connecting the pris-
oner it ould be ruled out.
Mr.. Merrick said ne thought the question
should be disposed of before the final argu-
ment of the case. as suggested by the gentleman
the other side. They bad made many state
ments about the magical chain, out he could
not see IT. though he had heard it ratrle often.
Mr.. Pisrrepolnt.-Oh, il Is an ordinary iron
chain.
Mr.. Bradley Yes. but there are some links
to be forged.
At Al the court took recess until to-mor-
row merning a. Ito O'Clock.