Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-27


number. when the question was put to MIN.
He raid I'll decide this case according to the
law and evidence. You are business men, 1t
is matter OF mutual congratulation that a
jury has been selected acceptable to both sides.
Gentlemen of whose action there canuot be A
whisper or suspicion. He would trust them
with his life or with the honor OF his country.
A gentleman learned in the law who has a ven
years OF months, DAYS and nights TO this
science, dis'ins uished for his morality as eyery
Judge should be, under the solemn Obligation OF
sn official oath, Will tell you what the law is.
Inc witness who swsars falsely to save or de-
sroy the life OF the accused is guilty Of per-
jury; the Judge who misrepresents the law
would be guilty Of the same crime and the
Juror VINO renders q verdict against the law
would be gritty OF the same terrible crime.
he argued that every fact essential to the con-
viotion OF the prisoner had been established.
Every link had been forged by honest llcks to
oind the prisoner at the bar to the body OF the
a.rocio9s crime CHARGED IN this indictment.
Every facility had been accorded to the pris-
oner. He was defended by eminent counsel
with zeal and ability. There was every assur-
ance that the jury would discharge their duty
the feelings which first filled your hearts when
the telegraphic wires announced that the ma
tlonal cause had triumphed over the cruel re-
neliion; Do you remember how yonr bcs pms
loved country. 1t has been truly said that sit
was the Lords doing, and it was mar velous
IN our eyes" Mr.. Darlington next referred
Qo6O6O
no eulogies to embalm his memory in the
hearts OF his countrymen. The name Of Abra-
ham Lincoln would be remembered in the
world while liberty is blessing and
tyrany a curse. Was he not kind, gentle
forebearing, and charitable! He was always
to be seen where question OF life or death
was concerned. Almighty God, has it come
sleep or walk by the side Of bus own wits
In safety. In her company, and with few in
yited friends he goes to place OF amusement.
He Is unconscious OF any design against him.
What and whom had he to fear. He was re-
csived with acclamations by his assem- oled
countrymen with vociferous cheers. H is es-
corted 10 pr waite box specially prepared for
he stands upon the very summit OF human
prosperity, dignity and glory, his enemies
are At his mercy, but mark you no word
Of bitterness escapes his hips He re-
hour OF magnanimity. At that time his heart
was overflown with sympathy and love even
for those cruel and bloody traitors who raised
their paricidai arms against the country which
never harmed but always protected them
lou hear the report, you see q single flash,
and the spirit OF Abraham Lincoln stands be
fore God. And may we not say that the eye
Of faith can follow him to his Savior's bosom
His mission on earth was one Of mercy. He
broke the chains and set the bondman free
w here are the men ans the women connected
with this crime against society ana civil
zation. The satan OF this Internal con-
splracy has gone to hell, there to atone
IN fire, but Belzebub stiIl lives and moves
upon the face of this green earth to mock the
name OF man. In John H. Surratt you behold
the Beelzebub Of this conspiracy. False to his
country, while protesting allegiance; false to
his government for he was not as hose mis-
guided young men who armed themselves
like gallant soldiers to fight in what they be-
lieved to be a righteous cause:) false to the
mother who bore him, and whom he deserted
in her hour Of distress (the gallows on
which she expired should have been his
ha
save his wretched life in Italy and Egypt
but this injured and insuIted Govern.
ment reached its long arm for him, and
be is here to-day before an honored Jury to
pay the penalty OF his crime When John
Wilkes Booth fired the fatal shot every one of
those consplrators. including the prisoner at
the bar was at his post to psffor m the work to
which he had been assigned. This conspiracy
was one great artificial spirit moving for the
same END; the act Of one was the act Of all: and
by the law OF God and OF nations every man
connected with 1t Is equally guilty of this
horrid crime. Mr.. c., then proceeded to argue
the propositions OF law ana facts in the case,
and said hewould undertake to satisfy his honor
that the legal consequences Of the facts which
guilt OF the prisoner at the bar. and second
snail undertake 10 satisfy the gentlemen of the
jury that the facts which l assume in nv
argument to the court had been proved beyond
coed then in maintaining these proposition I
am entitled to q verdict OF con iction,
MI Darlington then read the following:
Propositions Of Law. = First. II the Jury
believe, from the whole evidence, that Abra.
ham Lincoln received a wound from 8 pistol
fired by John Wilkes Booth, in the county OF
washington, on or about the time named in the
Indictment, which resulted in his death in
pursuance of q conspiracy to murder or assas
sinate said Lincoln, OF which conspiracy the
prisoner was member. and that the prisoner
vas az the place and performed the part
assigned him towa;d the execution OF the com
mon design, they should find him guilty as
indicted, no matter what distance NAV nave
separated the corspirators, or how rar apart
they may have been at the time the wound
was inflicted as aforesaid.
Second. II the jury believe that the object of
SAID conspiracy was to abduct the said Lin.
coin, then President OF the United States, with
general resol ution on the part OF the con-
spirators to resi- t all who might oppose them
Ill the execution of the common design, and
that while engaged in said unla wful conspira-
cy one OF the conspirators, without the kno WI
edge. and contrary to the wishes Of the other
conspirators, and the original plan and pur-
pose OF SAID conspiracy, killed the President
as aforesaid the jury should find the prisoner
guilty as ind cted
THIRD. If the jury believe from the evidence
that at the time President Lincoln was killed
AZ aft resald the prisoner was either actually
or constructlvely present, encouraging, aiding,
noetting, and maintaining the principal mur-
derer they should find himiguilty as indicted.
although he vas neither q ear nor an eve wit
ness to the transaction (leaving 1t open for the
Court 10 explain constructive presence we
contend that be was eonstructively present no
matter how far off If he was at the place and
performing the part assigned him, where and
in the manner the conspirators supposed he
would be most effective)
Fourth. Ii the jury believe from the eyidap 20
tnat President Lincoln was killed as aforesaid
In pursuance of said conspiracy of which the
prisoner was member, ne being actually or
constructively present at the time, II is a legal
presumption that such presence was with a
view 10 render aid. and il lies on the prisoner
TO rebat said presumption by showing that he
was there for purpose unconnected with the
conspiracy.
FIN. That the defense of alibi being an af.
brmatiye defense, the burden OF proof rests
upon the defendant to establish it to the salts
faction OF the jury by preponderance of the
evidence.
submit to you, gentlemen Of the Jury, the
following questions Of fact
FIRST. Does 1t appear from the evidence that
the assault charged in the indictment was
made In the manner, and about the time there.
In stated, and within the Jurisdiction OF this
honorable court!
Second. Does it appear from the evidence that
the wound which the deceased received as
charged In the indictment caused his death!
Third. Does it appear from the evidence that
the assault and death were the result Of a con.
spiracy Of W hich the prisoner at the bar was q
Fourth What was the original character.
plan and purpose Of this Conspiracy
Fifth. II 1t be true that the prisoner was a
member OF this conspiracy, what part did he
perform in the general plan.
Sixth. Where was the prisoner in point Of
facr at the time the assault charged in the in
dictment was made. Was he In q foreign
ommonweaith, or was he in the city Of
Washington, District of Columbia
Sereah Has net the prisoner at the bar con-
fessed hls guilt expressly and by implication
At 1915 the court took q recess for half an
hour