Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-03-29
BISGHAM...BUTLEE.

then laid on the desks Of members
printed pamphlet, showing the report o.
written aud the report ms printed. III
characterized this proceeding as mos
unfair
MRS. suRRATr USwARRANTABLY HANGED
In defense Of his own assertion made
| the other day, that Mrs Surratt was hung
without sufficient evidence, be charged
that when Wilkes Booths diary, which
showed all bis movements preparatory
10 the assassination of Lincoln, was kept
from the knowledge OF the court, and il
now appeared il had been spoliated by
having eighteen pages Of il cut out be.
| fore il got into the hands Of the Govern
ment He said there is still remaining
in the diary a remarkable instance within
few hours before Booths death, and
quoted from memory: Il have en-
deavored 10 cross the Potomac five times
and failed. propose TO return to Wash
ington and give myself up and clear my
self from this great crime" He con-
tended this piece of evidence would have
shown, in his judgment, as the case now
shows, that Booth, up to a certain hour,
meant the capture and abduction of Lin
coin, and that he changed his purpose
and resorted TO assassination. II Mrs.
Surratt did not know OF this change she
would have had no knowledge of the in
tended assassination and therefore could
not have been convicted.
Ifall the testimony had been presented
we should have been able to pursue the
accomplices and find out who it was that
changed Booths purposes from capture
10 assassination, who it was that was to
profit bv assassination and that would
not profit by the capture OF Mr.. Lincoln,
who should succeed Mr.. Lincoln in case
the bullet made vacancy.
Mr.. Bingham replied; In the excite
ment and hurry at the time it so hap
pened that the report Of my reply to the
gentleman was the most imperfect re-
port ever sent to me of remarks made
BY me in the House. Any gentleman
may examine it, and he will fail to find
in the corrections single accusation
that is not in my express words or by
necessary implication in the reporters
notes. Idefy bis calumny. What charge
is he complaining of that | said he had
condemned without knowing or caring
for evidence? say SO yet. If he is the
lawyer he is reputed to be, then he is to
be pitied for coming here and arraigning
his peers for not conserving to admit the
testimony of man accused, made after |
the fact defy him by any investiga- |
ton which he dare institute here or any |
where to show that any communication |
came into my hands purporting to be the
production Of j. w. Booth, that was not |
made after the fact, and long after the
fact. Is there any lawyer in America or
England who would say words and decla-
rations of an accused felon, after the fact,
is evidence which the advocate of the
is bound to admit in any
court.
treat with contempt and scorn, any
from any quarter, that |, or
my associate counsel were under obli-
CATION to admit any such evidence. The
law does not require it. The common
law, the growth and gathered wisdom Of
B thousand years, excludes it. Perhaps
that great movement of wisdom and
learning is not equal to the incompara-
Bile genius Of the incompatible hero of
= Fort Fisher" Laughter. which the
Speaker endeavored to suppress
Mr.. Butler tried to get in word, but
Mr. Bingham would not let him. Add
ing that the gentleman from Massschu-
sets had no right to ask favors at his
hands.
Mr.. Bingham continued: II never
Jaw any memoranda by j. w. Booth
which indicated any plan or motive by
which be was to carry out his projected
| never saw any such thing,
md / am not surprised that the gentle
nan would not let me see the book which
.e put into his pocket"
Mr.. Butler again assayed TO make an
but with no better result
Mr.. Bingham said: mo sir; do
Tot care about it. Having refused to let
ne inspect the books on which he based
lis charge, he may now initiate the ex-
ample seen 10 the vision of the Apoca-
ypse, and turn around and eat it.
Laughter. The gentleman talked Of
JpoiIed book. Who spoiled it That is
bout as interesting query as that which
referred to the other day: Who killed
Jock Robin Who knows that it is
poliated2 If J. w. Booth tore the
,ages out of it, was that spoliation ? The
,entleman's words are as impotent as
hey are unwarranted. Let the CALLED
ade vince whose withers are wrung.'
challenge him and dare him here or
anywhere. in this tribunal or any other
tribunal, TO assert that spoliated any
,ook. Such charge as that without
my title of evidence is only fit to come
rom a man who lives in bottle and is
ed with a spoon. Laughter. What is the
,ther statement here showing the heart
essness of this accusation2 1t is utter
disregard and contempt for all decency
md all law. II is that / controlled the
violence 10 the court The gentleman
.nows was not the official organ Of that
.ourt he knows that its Recorder was
he Judge Advocate General ofthe United
states, and yet ! am TO be at fault be-
ause did not override the official organ
f the court The gentleman has under
aiken a task actively beyond his powers,
md only proves in this thing, which be
las undertaken TO do, that the execution
4 the war, on his part, in this instance
IS in others, is by no means up to the
Ugh sounding manifesto. Laughter.
let the gentleman read my argument on
hat subject, aud let him show wherein it
s false, corrupt, malicious OF unjust
Mr.. Butler tried to make a brief ex-
,lanation, but Mr.. Pike and others OBJ