Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-08-15
The surratt Trial.

lows:
lst. That conspiracy formed In the
hour OF war to take the life OF the Pres
l'ent and Vice President Of the Repub
lie and heads of the Executive Depart
me- Is, for the purpose of aiding the enc
mics of the Federal Government, by
thro wing it into anarchy and confusion
is a. heinous aud as hurtful TO the
people OF this country as comprising
the death Of the King or Queen OF Great
Britain is TO the subjects OF that
realms.
I'd. That every person engaged in
that conspiracy, as long as he continues
q member of It, is responsible not only
for an act OF treason, but for any muir
der or less crime which may flow from
1t.
Sd. That the Government may waive
a charge of treason against any or all
conspirators and proceed against them
for the smaller crime of murder included
in the greater crimes of treason.
4th. That under an indictment for
murder resulting from the prosecution OF
such conspiracy, evidence of thei entire
scope of the conspiracy may be consid-
cred in estimating the heinous character
OF the ofense laid in the indict-
ment.
9th. That It was not necessary to
aver in the indictment the fact that Abra-
ham Lincoln, victim of murder, was at
the time of its commission President of
the United States, or prove it, in order
TO allow the Jury to take that fact into
account in determining the Infamous
character OF the crime, it being fact of
which the courts will take judicial cog
niZance.
9th, That he who does an act by
another does it by himself, and is re-
sponsible for it's consequences in Grimm
al as well as in civil cases.
eth. That although an alibi when
clearly established forms a complete and
unanswerable defense, mere absence
from the immediate scene Of the crime
resulting from conspiracy unrepented
OF and unabandoned by the party will
not avail, II he were at some other place
assigned him performing his part in that
conspiracy.
9Th. That this plea is, unless clearly
made out, always regarded with sus-
picion and the circumstances weighing
against him who attempts it, because it
implies an admission to the truth of
the facts alleged against him and the
correctness Of the inference drawn from
them.
9th. That fight from the scene of the
crime and the concealment of the instru
ments of violence are circumstances in
dicating guilt.
10th. Although confession in the
slightest degree tainted with promise o.
favor, or by dreams, or fear, is not ad-
mitted as evidence against him who
makes it, yet IL made freely and volun-
tarily, is one Of the surest proofs of
guilt.
AS to the credibility of witnesses you
are to be the exclusive judges. You
see them face to face, you know whether
they are confirmed or unsupported or
contradicted by other witnesses OF credit
and other circumstances.
After other remarks as to the credit to
be given to witnesses the Judge said in
conclusion: "You will take the case
with an honest purpose to do justice to
the United States and the defendant,
bearing in mind that 1t Is the office OF
the law to secure the punishment Of the
guilty and the protection of the inno-
cent. If John H. Surratt, in the hOuest
and intelligent conviction Of your jGdg'
ment and consciences is not guilty so
pronounce in your verdict, thus giving
a lesson OF assurance that a court OF
Justice is the ASYLUM Of innocence. On
the contrary, if guilty, pronounce hin
guilty, and thus by your verdict furnish
guaranty OF protection to intended
victims of guilt and q testimonial &c
the country and the world that the Dis
triet of Columbia, set apart by the Con
stitutiOn of the United States as thu
theatre for the exercise OF the Fedora
power, gives judicial guarantee essential
to the protection Of the persons Of pub
lie servants commissioned by the people
OF the nation to do their work, safe anC
sacred from the presence of unpunishet
assasSins within its borders"
At % minutes before Il the jury re
TIRED to their room in charge OF bailitts
At 6:36 p. M, Judge Fisher again en-
tered the court room and took his sea
upon the bench, but as nothing was
heard from the Jury he subsequently
left.
Between and 10 o'clck bedding wa
brought into the court house and taker
up to the jury room-an indication
that there was no prospect Of an agree
ment to night, at least.
At ten o'clock Judge Fisher agai
took his position upon the bench, an
was informed by one of the bailitfs tina
there was no prospect of an agreement
Judge Fisher then stated that he woul
go home. He would not order reces:
bnt it was understood that he would DC
be there TO receive the verdict until tn
following morning. Some of the Juror
are comfortably disposed upon pallet
and others are surviving to convert eac
other to their views.
JUARRZ AND NAPOLEON. The Bosto
Journal has gossippy letter letter frol
Nau 0rlaapS from which xa av+ract )