The New York herald., 1867-06-21

% hesrycu further NO motion ocsh. 70 be n.de anis.
founded on an affidavit which the Court can inspect
Mr.. Bradley-It will be put 10 shape,
The Court-It Is out of order for gentlemen 70 make
argument the jury about the facts they are able 10
prove The proper mode 70 70 support inc mouon oy
Mr. Merrick remarked be did not propose TO argue tho
case but if the motion was founded on affidavit he
would compelled present the reasons Why the mo-
Mr. Bradley 70 Mr. Pisrspont-You aid not suggest
that the motion should be supported by afidavit
Mr.. Plenspont-hy objection Is 70 your arguing the
question Of fact simple motion 70 recall Witnesses
Mr. Carringon-I think IT but justice 70 bring TO the
attention Of your Homes the sAnder presented against
Sergeant Dye. regret excesdingy that counsel for the
defence published . libel against him 10 open court
The court-lt 10 not worth the paper on which u
written.
Messra Piercpont and Merrick were both addressing
tho Court at the same time, when the Court interrupted
them by sayingYou must proceed IN regular order.
Whom side s examining witnesses in CHIEF ths other
side examine, and vice verso; otherwise there
Mr. Merrick counsel for the prosecution said-I pro-
duced libel I can only remark II came 10 me under
official seal from the State Of Psnnsylvania know
nothing more What did you do wish our mononr
The Court overruled Il
Edward L smith was sworn and examined by the
pro- ecution He had since 1850 resided about mile
from Surratsve he had known the prisoner very well
for three or recoected he sad at his house
In January February, 1865 and went away next morn
ing. they on that occasion, conversed about different
things; the prisoner oked about going TO Richmond but
never acknowledged to having been there he however,
laughed
done they would stretch his neck" Witness did not
collect what reply he himself made TO this
Cross examined by the defence:-He came to Wash
nrton last Sunday, having been summoned to appear
before the District Attorney he told that officer what
he had Just stated here he had been examined by
Judge Holt and what he had 81 Id was written down
none others went up there besides himsclf the wit
had said to Mr. Towney B. Robey that being away
frcm home would be great loss to him. when kooey
-. he would guarantee him $40 day II witness
would 40 what was right besides this bis hosei Dill was
Ne saasy sid b saa sssa ~ Wilson tns Assistant
District Att0rn6yl a...m maue u all right
Mr. Carrington-Have you not been in Nh. horr.ck's
Officer
witness-Yes, once.
Mr. Merrick-He told me all about It.
wiiness--Mr Merrck said he was after me with
sharp stick. -
tary Justice recalled, and Identified certain papers
az having been placed in his custody. These papers
Jacob Thompsons account with the ontario Bank
of Montreal; draft on the bank, and Booths bank
book.
Mr. Bradley inquired whether the diary Of Booth had
been Aed with the records Cf the conspiracy trial. and
whether the diary had been in that Office.
Mr.. Wilson objected TO the question.
The Court remarked that he did not see that the Booth
diary had any relation TO the facts stated on the direct
examination OF witnesses.
Robert A. Campbell, teller of the Ontario Bank, Mon
treal sworn and gave testimony concerning the
papers which Mr.. Wright had identified.
Mr.. Bradley objected to an examination Of jacob
Thompsons bank account in Canada
Tho tOurt ead ii seemed that the testimony should
heard time being but II the prosecution failed to
convict the prisoner II should be ruled out
The witness then testified as 10 the condition OF the
separate OF Booth and Thompson with On
taro Bank, showing among other things that, the
eth or October 1854 Dill Of exchange was drawn for
1856, Thompson drew check the bank for ST. 098
and the bank gave him. in the course Of the transactions
certificate of deposit for $4,000 This placed
against his account, he having large balance all the
time to his crcd-probaby 5000 0o0 The witness also
testified TO the iact that Jacob Thompson was an
American.
John Lee sworn and examined by Mr. Darlington =
Witness lived in Mississippi. between Meridian and
vicksburg; previous TO that time lived in Washington
had been Sergeant Of Company E. Ninety fifth regiment
New York Volunteers; was ordered to Washington in
1862 for duty as detective In Colonel Bakers force in
his business became familiar with people in this city,
had seen John H. Surratt recognized the prisoner at
the bar = ssrras In april sS5 was on auy a, tho
force under Colonel o Belrne, and went down 10
returning ana when at tho corner OF Sixth street
and Pennsylvania avenue, stopped to talk to ac-
quaintance; then went on up Pennsylvania avenue to
Wiards Hotel and when opposite the hat store OF Mr..
Steinmetz passed man took to be John II surrati;
the best Of witness knowledge tho prisoner the
bar was the man be met; Surratt was walking
dinary gait; walking FAST on April Is went to
the Kirkwood House; Major O'Beirne got order to
bring all his men TO the KTkwood House to protect Mr.
Johnson went up the roof to that all was SAFE
and that no could como in through the building;
the impression that somebody would try and XIII
down 70 the clerks office scns upon certain ,niorma
ton TO No. 126 and could md the key
aIier consuming With SpFugu0 l OurSt tue uO0r
open and went into the room: coat hanging
on the wall and In pocket found spur and book
found IL the coat pocke,J / got the book and three
pocket handkerchicfs, and half stick OF black leo
rics then to the bed and lifted the covering or
until got between the sheets and the mattrass aud
picked up there q large bowie knife with red cover
IL; then hunted for letters, bn, found none
then took tho articles down stairs tho psrlor to
Mr. Johnsons room, and gave them to Mr. o. Beirne
showed them TO Mr. johnson and then retarned them TO
me. and locked them up; vice President Johnson's
On foorh hel0 NA nav unn
ing Major o. Beirne me order to take the bundle
to Secretary stan,on's house, gave him the things.
and he examined all except the pistol he did
about looking at that; and then wrapped them up
again and kept them until ordered TO take them
the oice Of Judge Holt and then gave them TO Judge
Advocate Burn0, at his Office corner nj Eighteenth
street and Pennsylvania avenue.
At fifteen minues past twelve the court took
Upon reasscmbling John Lee recalled and cross
examined by Mr.. Bradiey-I was detective officer
under Colonel OBcirne; with Colonel Baker before
1885, was with Baker in s63 or 1894 can not come any
tho time; left Aqua creek at the rst burn
ing by General Burnside, aud came to Washington
Colonel now General Rucker's headquarters; think
left Colonel Bakers service in 1854, but cannot tell
actly; when left Colonel Bakers service went on
duty with Captain Putnam. Provost Marshal, who
o'Bernes predecessor; was in the United States mill
tary service while with Baker, Captain Putuam's head
quarters At Nineteenth and streets; was duty
all the time; went into o Berne's service about ak
months before the assassination; was with Putnam six
months left Colonel Baker time in the spring
1854 the detective force at that time employed
ferretiug out blockade runners. who carrying
medicines South, and II at this time Surratt
pointed out 10 me at tho depot; DO not know when
that was but It many months before the assassi
nation him after that; knew him In no other
way that his was Surrait and was said to
be q rebel; II DUTY 10 end out where such
people belonged; after we had order for them Sur
l ratt pointed out n man who through the
nes do not rccollect bis dress: he pointed
out 70 me especially; q good many men who wcce
pointed out TO me never took especial notice OF; did
| not think took especial notice Of him. think he had
little mnstache, but am not positive; when saw
Surrau April IL. 1855, l do not know how he was
dressed: there was nothing on my mind that induced
me 10 take especial notice Of him. passed him in the
street but did not turn TO look him did not testify
TO Surraps presence Al the assassination conspiracy be-
not asked the question: mySwhole business
after Atzerott knew surrat vas implicated in Tho
conspiracy but did not think necessary TO say any
sh,rs about his presence unless interrosaed; neve
tod any 0e except few acqusin,ances that saw Sur
ratt on April ~: ,ad the District Attorney since my
arrival here that had Surrat; told Mr.. Wilson
so aud also tod Mr. Fred Butter 40; told II to Mr.
Fucker at Butlers did not any one writing dowr
what said at the tnie told this
BY Mr.. Alexander "a jurorl-witness does recol
lect wien II was that Surrat pointed 70 him
| does not recoiect who pointed him out