Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-02
LOCAL NEWS.
THE TRIAL OF JOHN H. suRRATT.

The trial of John h Surra.t was resumed
this morning in the Criminal Court, before
Judge Fisher, the room being crowded as
usual, and very large number Of ladies In
the audience. At ten O'Clock the prisoner and
Jurors were brought in, when the Court
was opened, and
Mr. Bradley for the defense commenced his
argument. He said he had hoped that it would
be unnecessary for him to tire the Jury with
an address. The case itself was exceeding
has been given to it by some. You are sworn TO
try the simple case OF murder of an indiyid ual
You are to look to the indictment for subject
matter OF your inquiry, and in that indict-
ment you find nothing but the charge of feloni. .
ous killing OF an Individual. The counsel on
the other side have endeavored to stir up your
consciences; For what purpose this great
mass OF irrelevant matter has been introd uced
Is tor them to say and you to judge.
This case was closed when the prosecution
proved by Sangster that the prisoner left Mon.
proved by Mcmillan that he was In EImira on
April 18Th Out OF the mouths Of their own
witnesses was the defense complete. 1t may
De, probably Will be, the last time that shall
ever address Washington Jury. For more
than forty years have gone in and out before
you. say during that period Of time no man
ever dared has to sssa as this pr
fIowned down by all men, and put out of the
circle OF respectable aWyers. Sir Edward
Cose, whose intellect was unreasonable In
Cured everlasting disgrace by the manner in
which ne Insu1ted his victims when placed at
the bar Of the court
Chief Justices of England to show the opin-
ions held of Lord Coke. Look upon the pic
ture here before you. These gentlemen are
aware that Notwithstanding the mysterious
circumstances which surrounded this case
they have no case against the prisoner He
next read from the trial of Sir Walter Raleigh
TO show the Language used towards the pris-
oner, which was condemned. The safety OF
some men who lie behind this prosecution and
your clearing the prisoner cannot agree
Against this, gentlemen, desire to enter nv
protest. L trust that this case will be lesson
and warning to every man who shall hold
that once [of District Attorney hereafter and
that they may turn back to that record and
place the seal OF condemnation upon the man
who SO abuses his authority as District Attor.
ney. They state that the Jury are D OF to find
general verdict, but to find a verdict in ac-
The Cont, part Of the Government, the ser
yapt OF the prosecuting attorneys Gentle
men. let me call your attention to the history
OF a Jefries. of q Scroegs. and Of Wright
They were chief justices of England, and
their names are accursed this day, and will be
While the English language lasts.
OF Campbeil's Lives of the Chief Justices, to
show the conduct of Lord Chief Justice W right
at the trial of the bishops, where he asked the
Jury TO drink be fore retiring TO their room, and
when he died his body was thrown into a Dit
win common malefactors, and his name was
eAeeTaf ed by all good men. l detract nothlng
from the autnOIitY OF the court. God forbid,
The jurors, unassisted, may run wild. They
are bound 10 receive instructions from the
court, but they must apply those instructions
To the evidence. There is higher law, and
the mandate OF no judge can ever make an
honest man do wrong. Render to yourselves
ana your consclences that which is due 10
both, and obedience to what Is right. Mr.. B.
here resd from Chancellor Kent to show the
duties of JurIes to bring in a general verdict
They are 10 try not only the fact but the crime
and they must Judge Of the in tent The doc
w N hp fbo ind
ice. and not the jury, was utterly repudiated
In England and in this country. Yet that was
the doctrine which the learned counsel on the
other side urged n this CASE.
Mr.. Bradley read at some length from
Chandler kent, to show the power and duties
OF the jury. II was their right 10 determine
questions of law a fact under the direction
of the Court. VIII we hear anything more
from the other side OF the right Of the Court to
con rol! Will we hear threat held out to an
American jury by the prosecuting attorney
that II you do not render a verdict in accord
ance with the instrn ct'ons laid do p, You will
be indicted for perjuryl say netning to fat
ter you. gentlemen. say 1t for the sake OF the
law, for the sake OF my country. l trample
under foot any such doctrine that Juror
is n.rI guilty of perjury If he renders q
ing 10 the dictates of his conscience
on are TO determine If this accused party
kllied me President, or was In conspiracy
where the Pres dent was killed BY one OF those
ccnspirarors. What has the assault on Score
tary, Seward TO do with this case! The District
hltoIuty ldlit IN aslngle instance TO connect 1t
with this case. He painted that scene to yon:
1t was n fine piece of word painting. but has
no bearing on this case. Tell me what killing
Union soldiers or the gun boat fight, has to do
with killing the President. How does it show
that John II. Surrart was concerned in a con-
spiracy with Booth to Kill the President. 1t
is done gentlemen, TO excite prejudice and
passion. 1t is done TO sXtort from your dis
forted judgment verdict which your cooler
judgment would prevent.
Dir. Bradley here reviewed the counts in the
nd Cd hat
cases of murder only. The law was so clear
that there was not man 81 the bar. who lad
been there one year. who did not know that
party near enough TO act and render material
aid was iDdictable as accessory and not as
principal As TO the fourth count, charging
Them with conspiracy, there was one truth.
On the lith of April the parties who effected
the murder, Booth, Atzerodt. Payne, and Her
old, did conspre. The conspiracy was then
and here formed. then and there executed
There was no principle of criminal law bet
ter settled than the one that every indictment
should contain every ingredient. stated SO
clearly that the defendant shall know
with what he is charged The place
Is essential, He had supposed that this case
came unCer the law or conspiracy, but mad
learned from the gentlemen on the other sfda
That II came under higher law: new law
made by them after the offence was commit
ted. Tie Judge Is told thai the whole country
is looking 10 him for the announcement of this
new and higher law, and the whole country
- III surge against him if he fails to declare
thai higher law. II the murder of the Presl-
deht is 10 be governed by different law and
treated by rev rules of evidence. then l de-
maEd that the Indictment shall be so drawn
and contain the new charges in accordance
with II.
Mr.. Bradley here read from Archibola's
Criminal PleadinCs. page II, to show the law
governing inducements, and said IL you are
gong to hang man on constructive presence.
ne being out of this jurisdiction, it is essential
tnat you should state in the Indictment
" here he He next read from the
Name volume, pages -, IS, IS and l., to
snow that indictments must contain all the
facts and circumstances with certainty and
pI eclsion, else IL could he taken advantage Of
II was necessary TO SET out overt acts. and be.
fore giving the acts OF one coDspirator against
another you must prove rhe conspiracy ex-
listed ana the act was done for the furtherance
o: the common design. As 10 treason, it was
the overt act 10 which the prisoner was to
make his defense. The prisoner here was not
charged with comprising or effecting the death
or the President OF the United States. There
Is nothing ia the Indictment 10 show the party
states, or II was blow at the life
Of the nation. 1t was simple
case. which every one could understand
I was the murder of q private individual
Were not the rules of law the same, the mode
Of trial the same, end the punishment the
same! he next referred 10 Archibold's Grim.
inal Pleading, to show where q person has
any title as Knight or Baronet it must he so
stated in the Indictment, else the mistake WAS
fatal 20 the Indictment. II il be a higher of.
tense in the law to kill tha President than IL is
to assault or Kill an indlv dual, and we are IN
he different ruies of ayiGanaa Univ