New-York tribune., 1867-06-18

down. II, theB your Honor has the ipOweT mplOre
you that the prisoner may know beforehand BY whom II
Is sought TO convict him.
Mr. PiaTopOnt-Itis is not clear that counsel has stated
that your Honor has not such power in cases OF MURDER
M BrGdiey-I stated that it was within the spirit and
meaning OF the law that the Court should control the
My. Cdrrtn0or-I deny that your Honor has snch dis
eretiOn.
M hericRsI asl1 by what rule 10 be governed
IN the discussion of this questioning Time to be con
The Court said it proper TO remark that ihs
was TO be tried precisely any other case t was true
this community, the country and the whole world,
anxious and DESTROYS TO know whether the prisoner
guilty or innocent Of tho crime charged against HIM it
Is the intention Of the Court his health shall De spared
TO through with the trial with all the legal steps, 10
satisfy the public mind on the subject OF course we
purpose of tbe Court that nothing shall be done IN conflict
with the law want to 20 act that when the foot is put
down 10 shall be IN firm place. shall hold the subject
oter for advisement until tomorrow; days delay will
make no difference.
The Counsel expressed themselves satisfied
The Court said it may be that Counsel when they come
together, can make some arrangements satisfactory to al
Surgeon General Barnes was the irs witness examined
by the United States JIG arqu' nCd with the late
President Lincoln; was called uoi 70 aterd him pro
fessonay on the night OF the 1nh April 1906 at the
house Of Mr. Peterson. in 1enthst. nj remained with
him until he died; he examined to character OF the
wound, and the bullet was the cor OF his death the
President lived until 100 o'clock the morning Of the
l5th Of Aprl he was not conscious AT any mo rom the
ALL there present Drs. Stone Ford RebernaD and
others, with some Of the members of he Cabinet the
James NJ. Wright swOrn-At present am Chief Clerk of
the Bureau OF Military Justice. THE counsel FOR the
United States handed him q package which be was re-
quested TO examine and which, In his official capacity,
had been placed In his possession by Mr. loh After
looking at the contents of the package, he said, this is
H. Cu1tngtOn-"Ie let me see It," The witness handed
u 10 him, and said here Is the pistol
SurgeOn-General Barnes recalled. He recognized
fragment of bone taken from the head Of esdent Lin,
himself The ball shown to him resembled most closely
that taken from the head of the deceased from behind the
M rit al
BRAIN This ball Tor pistol OF the size exhibited
He al the time, made cut on the ball. but he did not
VIM f. Kent swOrn-Was at FOrd's theatcr on the night
Of the assassination and testified TO the shooting OF
President Lincoln. he, after Mr.. Lincoln was removed
had been occupied by the deceased and on asking what
bright the agent OF the Associated Press" who was
yonched for responsible gentleman, and this he did
well acquainted with President Lincoln, and accompanied
him and Mrs Lincoln and Miss Harris TO the theateI ON
the night OF the l4th April 1896 He explained the po
siuOn occupied ny the company IN me plNate poA'
When they entered The box the actors stopped playing,
President received with three cheers in the second
Of the third act while the witness was nteny
looking the stage he heard the report OF psto look
ing around he saw In the dhness OF the smoke the form
between the President and the door; lie heard
the man shrek ont such word as 'frecdom" wit
ness Immediately sprung toward him ami seized blm he
man wrested himself from his grasp and made thrust at
him with large knife; witness raised bis arm 70 parry
the blow but received deep wound between tue arm
and shoulder the then spfang toward the 'front.' or
the box; witness rushed after him and succeeded
only in catching his clothes he got over the box
Witness Thought he tore the mans clothes witness cried
out stop that man." he then looked toward the Pres
dent, who had not changed hs position, excepting BIS
head was bowed forward and his eyes were closed he
rushed toward the door for the purpose Of procuring med
ca aid hut he found the door barred with heavy piece
of plank; bb people outside beating against the
door; with some dihsulty he removed me oaL, ana
those outside in; when ne returned 10 the box he
found that the President being examined, but the
wound not then found the body, with some assist
ance removed from the theater the witness accom-
whittier Mr. Lincoln had been removed. On the further
examination he said he did not get good look NJ the
By Mr. Pierrsponi-Did not closely examine the plank
t0 how IL Xed between the door and tbe WALL;
he did not know how IL fastened.
The Court asked gentlemen on both sides whether u
would be agreeable, on tue rot rev days OF the a 20
the session for two hours or Two ana haiI more ne
eerned ~ from present indestions we win have severe
heated II they were TOO closely couned the Judge
counsel or some OF the jury would be taken sick There
fore II would be better IL take al advantages they
could got Both sides consented the proposed arrange
nsut. and recess vac then taken Tor half an hoHf
After tho reocSs, COL Joseph T. Stewart was swOIl-
He esfed thar he vis ~ Fords Theater the night or
April H. 1885, with three Indies and the party ocenped
four aeas directly Ia front Oi the oIohesra on te rgl
IA nd side OF aisle. OF what are known as The ofc-ra
seats aud just IN position 10 see everything on me
sta and AZ an could the occupants or the
Presidential box; at time when there was pause III
he play witness heard the report or psOl ~ lhe sa
moment he saw man coming the halustTade, ana!
saw a curl OF smoke, end as he cleared the Dalus-
trade the man exclaimed, "ele semper Iyran-
mis-. The ,man came from the stage with bis
back to the audience and almost immediately
afterwards face the audience; the man had large lfe
i'm his hand and witness ~ leaped upon the stage
and followed the man sCfOss ~ a. Nlpess IohoNel tue
man ne heard door sam and i've persons were stand
i In the massage WAY they much excited, ana the
progress OF the witness was 0bsuhcted near ths 1dCA
door witness saw standing, who turned 10 lock at
fe.s and when witness got TO the door he caught &C
the hinge side aud heard tho tramp or 1eet as or hor
and a. witness pqssed out OF the door person also passed
t and Tho action OF that person seemed tO be of
much SURPRISED: witnesses attention was particularly nAsu
mon the man mounting tho horse witness that the
ffnnap rpgfl
resiye witness made effort 10 srasp me bilue Nheu
sinSt he wall and the rider then hsstened dOwn'the
aev at the moment tho horse turned witness .ou tne
sotpe one ran rapidly out OF the alley witness then
heard two sharp clicks OF somethng anu men i
after which the rider rode fuiousy mp the alley
was so near the horse that the nrst Two OF tee
rides spla shed mud his face and upon ms Ooso
witness then heard the horse apparently IN me d
upon the stage was John Wilkes Booth slh9Iah was
exhbIted and witness recognized 1t as one OF Tue
aev OF which no was speaking. and he explained the
positions 20 the jury. diagram OF the stage MAS aso
yStbed and the witness pointed out the localities re
,erred TO- Witness Indicated on the diagram the point
Mr John ID Petit was then sworn and testified thst
on Anil a. 1866 occupied room III dwelh2 mouse
No 3i0 Est below Tenthst. he occupied room ttsIe
81 nned was nom lSO feet TO feet from the
rear part 0f Fords TheateT next To WheiS NI'heS
oe,nbers an eating saloon kept by one GlOerti on lhe
LII, ~ Anvil IA witness was sitting In his Rooms, and ms
attention was directed 20 several low
a,r% apnarently from a vacant ground between Gil
~ tba ho 40 where witness roemed; account
NJ these wsngs witness stopped reading several tlnes
fo ascertain what going Oh witness aiso heAIu
ho,se anna rentlv prencng about in the alley eang TO
line theater bnt upon looking out he could see notnhk
md knew nothing OF what transpred until DeXt m9Ihhk
~ iast ybi,tne v tness heard very loud and shriu;
NJ this time the play going on for witness eoud near
T,oss examined by MI Bradley-There an alley be
veen where witness lodged and G0ers, and Nacaut
ot there and was upon the vacant lot tha heee
beard fence ran across the vacant lot win the
Inc street The witness was al some
sUofh relative 10 the location ~ the vacant l0' me
gen VI,
re'oieeton OF fence between the vacant iot ana the
alley. ma o,,5 examined br
"a -,ro..,tnn witness Nas az FOrds Iheatef ON me
cielt of April H. 1867 witness Kept reSt9Tnt he't e ne
~ t. i, thar afternoon Harry Ford told witness ne
,r.ed 10 ,,e Gen Grant he should secure a sea' tIi's
Iy witness secured seat near me private noN ~ & Se