The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-08-14
THE sURR6TT TRIAL.

THE sURRATT TRIAL.
The trial of John II. SurraLt has been progress
ing in Washington for the past two months, as our
readers are we'll aware. The case was concluded
last week, and scrt to the jury. The following is
a summary of the charge ofJudge Fisher:
From the observations which have been addressed
to you, you will infer, first, that conspiracy
found in time of war to take the life of the Presi-
dent and Vice-President of the Republic and the
heads of the executive departments, for the pur-
pose of aiding the enemies of the Federal Govern
mcnt, by throwing it into anarchy and confusion,
is treason MS henous and as hurtful to the people
of this country the comprising the death of the
King or Queen of Great Britain is to the subjects
of that realm
2. That every person engaged in such conspiracy
as long as he continues member of it, is respon-
sible not only fer the act of treason, but for any
murder of less crime which may flow from it.
3d. That the government may waive the charge
of treason against any or all of the consprators,
and proceed against them for the smaller crime of
murder included in the greater crime of treason.
4th. That under an indictment for murder re-
sulting from the prosecution of such conspiracy,
evidence of the existence of the conspiracy may be
considered in estimating the heinous character of
the offcnse laid in the indictment.
9TH That it was not necessary 10 aver in the in
dictment The fact that Abraham Lincoln, the VIC
tim of the murder, was at the time of it's commits
sion, President of the United States, to prove it
in order to allow the jury 10 take that fact into
count in determining The heinous character of the
crime it being fact of which courts will take ju-
dicial cognzancc.
Gth That he who does an act by another, does
it by himself and is responsible for its actions in
criminal Us we'll as in civil cases.
7,h That although alibi, when established,
forms complete and unanswerable defense, the
mere absence from the immediate scene of q crime
resulting from o conspiracy unrepented of and
unabandoned by the party charged it will not avail
him if he were at some other place assigned him,
performing his part in that conspiracy.
Sth That this plea, unless clearly made, is al
ways regarded with suspicion, and circumstances
weighing against him who attempts it, because it
implies confirmation of the truth of the facts al
legged against him, and the correctness of the in
ference drawn from them.
9th. That fight from the scene of crime, the
fabrication OF false accounts, the concealment of
instruments of violence, are circumstances indica-
ting guilt.
10th. That although confession in the slightest
degree tainted with the promise of favor, or by
duress or fear, is not admitted evidence against
him who makes it, yet made freely and voluntarily,
is one of the surest proofs of guilt.
The foreman of the jury requested copy of the
recorded evidence. Judge Fisher said it was unu-
sual The defense was willing, but the prosecu-
ton objected, so the jury retired without thc do
cumcnts
A dispatch from Washington, dated last Saur-
day, gives the following proceedings of the Court
on Friday, as the closing scenes of the trial.
At o'clock, the prisoner was brought into the
court room, and assigned to the seat occupied by
him during the trial, beside his counsel lie came
into court smiling, and seemed in good Spirits as
he chatted with his counsel Merrick made an al
lusion to the report that an attempt would DE made
at rescue, whereat the prisoner seemed much
amused. at nv2 minutes past l, Juu6c fisher re-
sumed his seat upon the bench, and the jury were
brought in. BY this time, the room was much
crowded. The foreman stated that they were una
bic to agree, and handed Judge Fisher q letter to
that effect. The Judge stated that he had received
several letters of similar character, and rs there
seemed no possible chance of verdict from this
jury, he would discharge them. This was objected
to by Mr. Bradley, but the objection was overrnled.
Judge Fisher then stated that as Mr.. Bradley had,
on the Cd of July, during recess of the court,
used insulting and threatening language towards
him, he ordered his nnme to be struck from the
roll of attorneys. On the adjournment of the
court, Bradley followed Fisher and handed him
what was supposed to bel challenge, but it proved
to be only an acceptance of o verbal challenge
given by the Judge during the trial. The dilem-
ma is this If Bradley ispunishable for accepting,
Fisher is liable for sending challenge, the pun
ishmcnt for which is fine and imprisonment for
FIVE years. The interest in the Suryat trial yields
to the Fisher and Bradley quarrel.
Gov PERRY.