The Portland daily press., 1867-06-21
THE SURRATT TRIAL.


have come to the knowledge of the defence
since the other examinations closed.
MIR. Darlington felt it his duty to oblect.
MIR. Merrick said the defence had received
information which would enable them 10 snow
that in April, 1865 when the facts were fresl
in his memory. MIR. Hobart stated that tn,
parties to whom he referred IN MS teStlmon,
as having got on his train at Essex junction
got on that train on Friday, the list of April
and not on Tuesday, April 18Th. These date
the statement was brought to the knowle,lg
of the defence after the examination Ina,
closed; that this was SO he would read from
the statement of Hobart as made to Govern
ment official. MIR. Merrick took up a book an,
was ABOUT 10 read from it, when Mr.. Pierre
pont interrupted, and wanted to know to wha
onicial this evidence had been given to?
MT. Merrick.-An official who was deputy
of Gen. l.. c. Baker. .....
Mr. Pierrepunt asked if the book was Ba
Kefs, and If SO, he had never seen it or tn,
paper.
MIR. Merrick said it was Bakers book.
book.
The Court said he should sustain the objec
tlon to reading Bakers book or any other book
except law book. Every body knew that Ba
kers was not one of law, and it was general J.,
doubted whether it was one of facts. a.
MIR. hlerrick said he did not propose to read
from Bakers book or any other book. IL,
SIMPLY proposed to read a statement of wha
he proposed to prove if the witness Hobart wa,
recalled. He proposed to show that before
April 9th, 1867 when the facts were fresh i'll
his memory, Hobart 81 ated that he had carried
the men described yesterday on Friday, April
list instead of Tuesday, April 18th, and that
MS statement on that OCCASION corresponds ex-
actly with his evidence of yesterday except as
10 the time when the men were carried. AS 10
Blinn, the defence proposed to prove that he
made statement before April 18th cores
pounding with that made yesterday except as
10 the date when the men came to the d, pot al
burlington. They would show that he posi-
lively fixed the date from the fact of his broth.
er's death, and that his mother was absent Oh
Thursday night, and that it was Friday morn
ing that the witness was put upon the train. =
1t was the object of the prosecution TO show
that Surratt was in Montreal on the afternoon
OF April 18th; that he was at ST. Adams on
the morning of the 18th, and was at Burling-
ton on the night of the 18th on his way to
Montreal. As against that the defence pro
posed to prove that the two men described by
MIR. Blinn were put on the train on Fridey
morning and not on Tuesday; that the two
men were pursued through Vermont to Cana
da; that the men have alleged that they lived
Ill Canada; that they were pursued and tracked
to their residence in Canada, and it was ascer-
tanned that neither of the men was Surratt
and these facts were reported to the Depart
ment at Washington, and is still in possession
Government knows that neither of the mei
who slept in the depot was John Ill. Surratt-
Upon this statement and facts that this motion
was matter for the sound discretion of the
Court shl uld induce the allowance of the mo
ton on the side of Justice The prisoner is
here without notice of witnesses for the prose
cution, and cannot know until the witness is
placed upon the stand what kind of net work
1T is attempting to weave about him. The
Judge, in exercising discretionary power
should hesitate a long while before saying he
would not summon back a witness whose re-
examination might prove these material points
In u civil case the recall of n witness would bf
SLOWED, and that had been uniformly allowed
i'll this Court. Mr.. Bradley was permitted t
recall the witness on the thirty fourth day O
the trial. AS to the recall of Sergeant Dye
MIR. Merrill proposed to read transcript from
the docket OF Alderman Darety, of Philadel
phia, showing that Dye was arrested in the
early part of 1867 for passing counterfeit nOtes
ON the FIRST National Bank of New York
Mr.. Merrlck was reading the transcript, whel
Mr. Darlington objected, and Judge Fisher
sad that the paper must not be read in the
hearing of the jury. q ia 'iaa
After some further argument the Court saiG
no motion ought to be made unless founded or
an affidavit which the Court can inspt ct. ~
MIR. Bradley-IG will be put in shape.
The Court-It is out of order for the gentle
men to make arguments to the jury about facts
that they are able to prove. The proper mode is
tossupport the motion by affidavit .-s5
MIR. Merrick remarked that be did not pro-
pose to argue the Case, but if the motion was
founded on an affidavit he would be compelled
to present the reasons why the motion should
be granted. lfa hsf s..-.
Mr.. Bradley to Mr.. Pierrepont-Yo on did not
suggest that the motion should be supported
by an affidavit.
Mr.. Pierrepont-My objection is to your ar
gulng the question of fact on q simple motion
to recall a witness.
Mr.. Carrington-I think it hut Justice tc
bring TO the attention of your Honor the SLAM
der presented against Sergeant Dye. | regret
exceedingly that the counsel for the defence
published libel against him in open Court.
The Court-It is not worth the paper on
which it was written. 81. -. I q It
Mcssrs. Pierrenont and Merrick were both
addressing the Court at the same time, when
the Court interrupted by saying, You must
proceed in regular order, when one side is ex-
amining witness and in chief the other side
can cross examine, and vice versa; otherwise
there will be no end to the trial" ca r
Mr.. Merrick-The counsel for the prosecu.
ton said produced a libel. / can only remark
it came to me under the official seal from the
State of Pennsylvania. know nothing more
What did you with our mott IN? .E fs-blt
The Court overruled it. r~s.fr
Edward Q. Smith and others were then ex-
amined. '1s .
John Lee sworn Was chief detective OF
Provost Marshal Oberine; while going up to
Wizards Hotel, and opposite st. Jenmentz's
hat store, passed man supposed to be Surratt
to the best of my knowledge the prisoner at
the bar was the man l met. The witness then
repeated the evidence given on the assassina.
ton trial in relation to what took place at the
Kirkwood House the day after the assassina
fiOn trial. 4 u. d L. tAt s$t
The Court then took a recess for a half al
hour,
Upon reassembling, Lee was recalled and
cross-examined by Mr.. Bradley. Surratt was
pointed ont to him at the depot 4 block AIDE
runner; do not know when that was, but il
was many months before the assassination
knew him in other way, except that his
name was Surratt, and was said to be a rebel
1t was our duty to find out where such people
belonged; did not testify to Surratts presence
at the conspiracy trial because was not asked
the question; knew that Surratt was impl
Gated in the conspiracy, but DID not think il
necessary to say any thing about his presence
unless Intercepted; it was between and 5 o.
clock when saw Surratt on April 14th; Sur
raft was coming down and was going in wheI
met him on April 14tn. .f $50 ..-H ,l,t
Samuel II. Rainey was sworn and examined
but his evidence was unimportant. -fh q
William X. Cleaner was sworn and exam
ined. Was a partner with Mr.. Rainey in live.
ry-stable, where Booth kept his horse; was
familiar with Surratt; January %, 1865 Sur
raft came to hire n horse; previous to this time
this occasion Surratt came alone, and ordered
me to have Booths horse ready at o'clock
Surratt, on January 18th, ordered the horse at
3 o'clock and came for him at 7 o'clock; it was
then raining hard, and asked him if he was
going to the country such a night as that; liz
said he was going to 7. b. to party; l asked
him to go to the Clarendon to take drink he
said he had enough, and thought he hao
enough too Booth had not come and asked
Surratt to take a seat in the office; he did so
ID n al -.
country to meet party to help them across the
river; that they were going to do some bloody
work; that they were going to kill Lincoln, the
old scoundrel as he had ruined Maryland and
they would kill him. Surratt showed his pistol
and said he represented two count es in Mary,
land; Booth came in at o'clock, and Surratt
chided him for being so late and keeping hin
so late witness was in Washington or the day
of the ssassinatl0n; was out on that day eX
ercising black horse, and rode to the Nav,
Yard bridge; while going along Fl street tina
aay met John III. Surratt; he was ridin:
along ii street, and l spoke to him and said
"How are you, John% and he nodded to me
he was dressed in q rusty colored suit and wOr
a sort of Jockey cap on his head.
Gross examined by Mr.. Bradley. Surratt wa
dressed rather rough, and wore samethinl
around his neck like yictorine: met hin
between the printing Office and the railroad; i
was about o'clock Witness was questione'
as to his testimony at the Military Commission
and said that he had not told them any thing @
what helhad said here to-day because be was no
asked. Witness knew that Surratt was impli
Gated in the conspiracy, but did not deem i
necessary to mention the fact of having me
uim, because he knew Surratt, and wanted t.
shield him if possible; never told that Sur
ratf came to my stable with Booth. 'if
Q. Did you ever take and break a horse 70
me? A. Yes, sir.
O. Did you sell him? A. Yes, sir. ...
Q. Did you ever give me any money for him
A. No, sir.