New-York tribune., 1867-07-31
TEE TRIAL OF sURBATT.
MR.. 'oARRIyGToN's SPEECH CONCLUDED THE
POINTS ON WHICH THE CASE kESrs AS
STATED By sfR. P1ERREPoNr.

surratt was resumed this morning IN tue cfmna Oou
Judge Fisher presiding. ,.
tbe inrv would bear with him until he had concluded MS
remorts Yesterday afternoon he was considering tho
assaults upon the witnesses for the prosecution and no
was defending their characters.
Mr. Darlington then reviewed the testimony OF Dye
and that of the witnesses Grllo Lee Ramsde Wheaton,
and Coleman who swore seeing the prisoner with the
conspiTaors lie then continued Now having proved
first the existence Of the conspiracy ana second to Uo
,ect of e conspiracy which murder, ana wnch was
the original plan persisted n and n the prisoner mas u %
TO be Of the chief s as NOT the
prisoner confessed his gui He has done 80 oo. 1n h
pressy and by implication and out Oh us own 10
Mr. Darlington here brought up the evidence as to Sur
s 1 afyng n,aS sg paqT ne Upsrdd OF Dr. Mca
mony remarked "They bring one Sage % 70 M qiSse1 Sase
although Mr. Br%dy % ssemad a Ton9d TO a8s0 no PERSONAL
seemed TO mako 1t a personal matter"
Bradley G said he 1 had II never sd do in some re-
marks made BY Mr. Bradley, jr o,,v GRO
oting bubble 10 70 blow yourself upon.
Mr. Carrington resuming said he was GLAD nj Braoaey @
and IL was admitted that he had employed
had been feed in the case He Mr o. naa no oaJsc
in the and then being placed on the 10
blast mans character ana oil such esS Rn enSuaS Of
this Dr. Mcmillan has proven an excellent character
and ne ss there WSs several
this testimony In one surrat distinctly corfesses that
Does he not again confess his guilt when he says he re-
ceyed letter from Booth, announcing change IN tner
plant by responding to that letter he hnt te
original plan was his and. according to the testimony
the original plan was murder Upon TINS point OF con-
fcsson st. Marie also teses and II these witnesses are
believed there is an end OF this case for these confessions
will prove his presence and his cooperation A., ,o.A
obSpeT M Of Ro%ans to show that the Bible Itself
that the Officers Of the aT shO%d
and spirit OF lawessness thnt leo 70 tais ,
an attract from delivered by aclergy Of this
city upon OF capital punishment as an evidence
wants commanded public vengeance upon the murderer
But there any doubt Of the guilt OF the prisSnsr DO
OF that conspiracy this murder was commted
and that the prisoner was member G[ doSp aS ha kindly
head The question Ia, do the material facts ana CIR
bsHo5S p%o5 70 snG rdonSbe doubt Il viii be OBJ
served that Reasonable doubt does not mean speeua,
he moral certainty FOR the transactions OF fo not
| capable OF mathematical demonstration. III there
been n"'' proven beyond a reasonable doubt, and
upon that subject he would ask an instruction OF the
trpe Of reasonable doubt such doubt exist
E by the of the land asdpoint with fear
u aud ueg certainty to the prisoner at the bar The
evidence in this case enough 20 hang whole regiment
OF zouaves Looking through this evidence there Is no
'eTs'C T6e Court tScn 81 a took hour
would SGn now proceed Quickly to close his remarks.
An aIb Is affirmative proof and relying on an aoi the
washington aud Montreal and affirmative defense Of
G must be po'Sp Spoag Sy To pToSe
presence IN Elma April IL, ana is Illnesses swear 70
hs presence here TINS gives prcponderance to the
sydnee OF the prisoners presence here aud the jury
cannot escape tho conclusion that he was mere, 4, ~
ns"ton with thls trial an imputation had been thrown
against the loyalty Of this city aud district snd pro.
ceeded 10 defend Il the charge and contended that
the citizens OF Washington had been loyal Mr. Car
rlngton pronounced pnegyrie upon the greatness
| and power Of this country, ana asked, Mnat VIVA,
| this country would be worth II It's rulers
Ho charged the jury to maintain the INTEGRITY OF the law
wipe ts damnins stain from the esentcheon OF the
oOnntry. Mr.. Darlington here concluded his remarks
Mr.. ferrepont called the attention OF the Court 70
additional legal points upon the question OF abi 10
claimed this whole at last rested The real question
IN IN 'Si, sllSs sSd abettins the conspiracy which
resulted n The killing Of Abraham Lincoln Presldent
under this Indictment II he was not engaged In the con
HE conspiracy being established it well settled law
Iirs That each confederate In the conspiracy Ia liable
for the acts OF every coconsptor and the declarations
OF each may be gwen In evidence against every other;
and though the conspiracy may have been formed years
before the prisoner overheard OF IT, yet having subse-
ouonty joined In the conspiracy, he Is In al respects
| guilty as an original conspiraor.
Second. 1hnt when several persons are finally confed-
Grated in conspiracy they are Ike one body and the
Of each hand the utteanco OF each tongue ana he
conception aud purpose on each heart touching te com
pRn Is the act OF each and ALL and every ono OF the
several perons forming the confederate body refpons
BILE for tho acts syngs and doings OF each aud OF all the
others.
tho President the United States 10 of rebellion
other great national peril crime OF sucheinousness
the consratcrs their sgpporers aders and sb9itors
Prnsps in The & crime 7 T9st hat such Is the common law OF
Fourth. Thi such conspiracy, either to abduct or to
kill the President and thus to overthrow the Govern,
such nature rs 10 render every supporter OF the CON
spracy principal IN the crime aud liable for all the con
| sequences of murder perperated by conspirator,
while carrying out the comrson design though no such
murder may have been originally Intended ana though
the accused c0nspator had personally participated
| therein. - ,
common plan to abduct makes each consprator guilty Of
the killing though such crime was contemplated by
| the other cOnspirators.
Suh: That tho personal presence OF the prisoner in
Washington is not necessary TO his guilt In this case he
could perform his part IN the conspiracy we'll at Emira
as at Washington and be equally guilty at one place as at
the other that II he left Montreal in obedience TO the
order ~ his coconsplrator Booth TO ad IN tho unlnwfni
conspiracy t matters not whether he arrived IN time 10
bear his allotted part not being on his way to take his
part any accident which may have delayed him does not
'ls&se seass R fSat E in legal contemplation each cOn.prnor
IL present where the crime IL committod, toward whch
the oonederates had conspred. which committed
as a consequence OF the sonfederated plan though IN
| tho acting consprators did the deed
LghM; That eoeonsplrist9r i peiorma,ns his par INA IN
though not so spm @y yys1exer brynsS
| within the Jurisdiction OF this District
Hh That conspiracy . proved by facts and SlreSm
crime or anTeement is proved m Court OF Justice.
II the first time, said Mr. Perrepont that an oppor
tunty was ever afforded test tbs fourth point for he
fact seems to be lost sight of that this whole conspiracy
for the purpose OF oyerthrowins the Gosernmsnt
view Of the case; and II this considered only es an
ordinary murder the country would hold both the court
| communicate that abduction merely was eontem-
plated and murder ensnsd mat ,Gerstore' the con
Mr. Perrepont stated hypOthetlca ami contended
that the prisoner remained ut another place and YET
aided and abetted the conspiracy he was equally guilty
with the principals does not matter where the man s
so that he commits the crime ana ne rs apio % iio %