Evening star., 1867-06-19
THE TRIAL or JOHN n. sURRaTT.

Criminal Court this morning before Judge
Fisher; Messrs. Darlington, Pierrepont, and
Wilson prosecuting; Jos. II. Bradley, ST. and
jr., and X. T. Merrick, for defense. Long be-
fore the opening Of the court the space outkid
of the bar was crowded, and by ten O'CLOCK
standing room was no. to be obtained. No on5
was admitted inside of the bar except those
provided with tickets from Judge Fisher
Among the visitors this morning were several
ladies, who occupied seats within tho bar.
The jurors were brought in at ten O'Clock, and
Immediately thereafter the prisoner entered,
and was shown to seat by the side OF his
counsel --' -i -
Judge Fisher entered the room few min
utes past 10 o'clock, and the court was opened
by Mr.. MuIloy. 5H - -~#
Judge Fisher said on Monday there was
request Of the counsel for the defense that the
Court would direct the prosecuting attorneys
to furnish the defense with list OF witnesses
for the Government. He had thought the sub
ject over, and could not find that he had any
power to make such an order, and ii he should
make such an order it would look as if he was
infringing on the rights of the prosecution to
compel them 10 make known and lay open
their case. There were various reasons why
the order should not be allowed. 1t would
crafty him If he could make the order con-
sistently with law.
In regard to the subject proposed yesterday
relative to the cross-examination OF witnesses,
when the defense asked the right OF retaining
time during the trial. He had never seen that
course OF practice pursued, and could not see
any good ground tor allowing it now The
same principle should apply in this case as all
others. which was that the cross .ex animation
be restricted 10 the subject matter brought out
on the examination in chief He then read the
rule as set forth by the Supreme Court that
the defense had no right to cross-examine
except as to matters brought out on the exam
ination in chief.
Mr.. Bradley said they were advertised of
tion had, but they knew nothing as to what
those witnesses would testify to, and could
not contradict them, and they had therefore
asked that the cross-examinatlon Of each wit
ness be postponed by defense.
Carroll Hobart was called and sworn for the
prosecution.-Witness wasa conductor on the
Vermont Central Railroad. Witness run it
from White River junction to St. Aibans. The
train continued OIL 10 Montreal. White River
junction was on a direct route from Boston to
Montreal at the terminus OF the Northern New
Hampshire road, 103 miles from Burlington.
The burlington trains came up at Essex june
tion and the prisoners on that train took the
train Of witness fer st. Albans. Was due at ST.
Adams at O'Clock a. m. Was conductor on
this road between the 10th and goth of April,
1865, and has been ever since. Witness re.
ceived the passengers from the first boat that
came up the Lake in April. Thought it was
clear night. His train started at II SIS at
night Went directly to st. Albans. TThe
prisoner was here told to stand up and the
witness told to look at him
Witness left Essex junction with the pas
sengers from the boat. As he went through
the train he found two men on the platform;
one on each side Of the door Asked them for
their tickets They replied they had none, and
had NO money, but had been unfortunate. One
was tall and slim; wore close fitting cap,
short coat, and his vest open low, q scarf un-
der his collar and stuck in his vest. The oth-
er was short. thick set, sandy complexion,
whiskers and slouched hat Did not remern-
ber his dress Witness conyersed with thetall
man. He said three of them had been 10 New
York; that they were Canadians. Had been
to New York 10 work and two nights previous
n IN
money they had and left. Said they
were anxious TO get to Canada where
remit the money to witness to pay their fare
Witness told them he could not carry them,
and would leave them at Milton, the next sta
ton. When he arrived there he forgot Them and
after leaving there found them a second :ime
on gong through the train: again tried ITEM
10 see if they had any money. They said tey
had none, but must go TO st. Albans. T,ey
said they would walk from there to Franklin
four miles from the Canada line. The tall man
did all the talking. He tried to use broRn
English, but occasionally would get litae
would speak good English. That aroused tte
suspicious OF witness. The hands of the tai
man were white and delicate. Witness tool
them to ST. Albans. The train from st AL.
bans was due at Montreal at 9.45. Witness
said the man who stood up {Surratt) resembled
the tail man on the train very much. He had
at that time no whiskers, but a mustache.
Question: Did you hear anything of a
handkerchief marked John H Surratt,
= Objected to by defense.
The Court said witness could testify as to
anything he saw, but nothing he heard OF.
BY Mr Braoley.-Witness did not bring the
time table Of the road with him; could send it
to the court after returning home.
- DIR. Bradley asked If the prosecution would
agree that su ch time table be filed as evidence!
= After some discussion 1t was agreed that the
time-tabIes OF any railroad from Washington
to Canada, and any point from Detroit to Que
bee, be filed as evidence by either side.
By MT Bradley-WitnesS WAS not of
the date of the arrival of the first boat. The
two men said they came IN the boat to Bur
was a short distance OF seven miles from Bur-
lington TO Essex Junction. The passengers
for Ogdensburg and Montreal separated at
Ross Point. There were two trains from there,
one to Ogdensburg, and the other to Montreal:
the Montreal train arrived at Montreal al GAS
a. m. Thought At that time the afternoon train
from Montr =. left at 3 O'Clock p. m. The
train for New York and Albany left Essex
Junction at p. IN. The Springfield train left
al ten min past one did not know the time
from Essex Junction: remembered the tall man
and looked rather rusty The boats arriving
at Buriin gton, from White Hall, were irregu-
lar. The passengers from Troy to Montreal
never had to lay over at Rutland; a few weeks
ago there was some irregularity caused by
making out the time tables. but it was fixed
now.
by Judge Pierrepoint Witness got the
passengers from the first beat up the lakes
never saw these two men after they left his
train. .tt "tt r .H
Charles II. Blina, called and sworn-Wit.
ness Is clerk at the Weiden House at ST. AL
bans, Vermont. Was night watchman at the
depot of the Vermont Central Rail-
road at Burlington. Vermont between the 10th
and 18th OF April, 1865. The first boat of the
season landed Its passengers on the 18th
day OF April, 1865: it was four hours
late, and arrived about twelve O'Clock:
witness was on watch in the depot; two 1
N en-, came in from the boat, cns q tall
man and the other short. They requested per-
mission to sleep in the depot until the train h
lett for Montreal. That train left at4:20 the
next morning. That boat came from White
Hall connecting with the cars at New York
city. The tall man requested permission to
sleep on the benches in the depot. Witness
called him about o'clock in time for the train
The ta1l man said they were going to Montreal;
this was on Tuesday morning, the 18TH of
April Witness was here shown handker-
chietRarked J. H. Surratt, and recognized it
as one he found where the tall man slept after
daylight. - 4..
The handkerchief was here shown to the
jury and examined by them. Judge Pierre
point read the writing on the handkerchief as
follows: IS. H. Surratt, 81 -s.i - %J.D
By the Court.-The name was on the hand.
kerchief when found by witness He gave it
to his mother to be washed. Told the agent
OF the Railroad Company about finding the /
b handkerchief Did not see either Of the men
after they left. '..a-Gs u4s!' gaai-3H ~ SIS 4ss4
No cross examination. E-ssJ