The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-27
S U r r AT r.
THE TRIAL TODAY.
Interesting Scenes in Court APP
peaFance of the Prisoner-rhe
speech of Judge Fisher, Etc.

ESPECIAL DESPATCH TO THE EVENING TELEGRAPH. ]
WAsHIN GroN, May 27.-This morning was set
for the commencement of the trial of John IL.
Surratt, under an Indictment found on the 4th
and conspiracy 10 murder President Lincoln
on or about the 18th of April, 1865. The Court
early as o'clock Deputy Marshal Phillips,
with the bailih, were present disposing of the
seats, and making arrangements for the mem
berS of the press. But one representative for
each newspaper was admitted. Judge Fisher
was on the bench.
At 10 o'clock Messrs Bradley and Merrick,
counsel for the accused, entered the COURTROOM
as also the members of the petit jury. The
Court was opened, and in "a few moments Dis
trict Attorney Darlington entered with Judge
Edward Peirrepont, OF New York, and moved
in the prosecution. The list of petit Jurors were
sworn, and three were found to be absent. AT
Quired whether counsel were ready to proceed
with the case.
The district Attorney said he regretted that
there were several difficulties in the way of
going 10 trial. The probabilities were that the
case would run into the next term, and the
Cease with the term. He read from Section 8
of the act creating the Court and the rules for
the government OF the Court and said that this
vas a difficulty in the way. There was no tell
ing how much time would be consumed in the
The prosecution had used great exertions to
secure all witnesses who knew anything of the
case But there were a few who had not yet
made their appearance, and the prosecution
had also discovered new evidence. Mr.. Merrlck,
for IL defense, SAID there was q special act
authorizing a trial to run from one Court into
another in case of necessity.
Mr.. Bradley asked that the prisoner be
brought into Court and 1t was so ordered
Surratt's brother and sister visited him this
morning in Jail. He shaved this morning, for
the first time since he has been in Jail. He
has been unwell for some days, and has been
taking meSicated wine as tonic. At twenty
minutes to IL he was brought into court and
placed in the prisoners dock.
At the request of Mr.. Bradley, the prisoner
was allowed TO take seat by his counsel. He
thinner and paler than when last In Court.
The manaces were removed from his hands on
his being placed near his counsel.
MIR. MeTrick said that he understood the
prosecution to ask for a continuance.
District Attorney Darlington said that he
that he was not ready to proceed to trial.
Mr.. Merrick said then there was no motion
Judge Fisher said if there was no motion for
continuance, the ordinary course would be 10
proceed with the trial.
Mr.. Bradley said the defense were ready to go
MIR. Perrepont stated that he understood the
case; but witnesses Were absent whose testi-
mony was important. One in New York, one
in Detroit, and Others at other points. IT. how
oVefs4t was decided that the trial could run
from one term to another, 1t might be COM
menced and the witnesses might arrive In
Mr. Merrick urged that the Court could not
act on such vague suggestions, where no def
mite motion for continuance was made by the
The argument upon proceeding with the tria
was continued by Mr.. Merrick for the defense
| who urged that the trial should go ION, saying
that the means of the prisoner and of his family
! were exhausted witnesses for the defense hac
| been brought here from Canada and the Soutt
| at heavy expense, and even material witnesses
| could not be brought here because they had no
| the means.
| If the case goes over until the next term, 4
! will be possible for them to keep these wit
| nesses here, and the prisoner may be left with
| ont the necessary witnesses to prove his limo
cepce Mr.. Pierrepont satdEthatlhe understood
| that the absent Government witnesses would
| be here in about ten days.
After some further discussion the Court de
| cided that the case should go over until the
| 10Th of June Mr.. Bradley asked that the Cour
| should provide for the payment OF the expenses
! of the witnesses for the defense, which was
| done.