The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-08-08
LATEST NEWS
BY TELEGRAPH TO THE
pOExTLAND DAILY PRESS.
Thursday Morning, August 8, 1867
THE SURRATE TRIAL.
Charge of Judge Fisher to the
WA Jury.
gsTE
NO AGREEMENT OF THE JURY.
WASHINGTON. A,

.re WASHINGTON, Aug.
In the Surratt case to-day, after some dis
cussion on immaterial points, between coun-
sci, Judge Fisher delivered his charge to the
jury, which he summed up at the close as fol-
lows:
First, That conspiracy, formed in the hour
of war to take the life of the President and
Vice President of the Republic and heads of
the Executive Departments, for the purpose of
aiding the enemies of the Federal Government
by throwing it into anarchy and confusion, is
as heinous and as hurtful to the people of this
country as composing the death of the King
or Queen of Great Britain is to the subjects Of
that realm. XXI s
Second, That every person engaged in such
conspiracy, as long as he continues a member
of it, is responsible not only for an act of tlea-
son, but flor any murder or less crime which
may follow from it.
Third, That the Government may waive a
charge OF treason against any or all conspira-
tors, and proceed against them for the smaller
crime OF murder included in the greater crime
of treason. i
Fourth, That under an indictment for muir
der resulting from the prosecution of such con-
spiracy evidence, the entire scope of the con-
spiracy may he considered in estimating the
hienOus character of the offence laid in the in
dictment
Fifth, That it was not necessary to aver in
the Indictment the fact that Abraham Lincoln,
the 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 cognizance.
Sixth, That he who does not act by another
does it by himself, and is responsible for its
consequences in criminal as well as in civil
cases. farl
Seventh, That although an alibi, when clear
ly established, forms complete and unanswer-
able defence were absence from the immedi-
ate scene of the crime resulting from o con-
spiracy unrepented of and unabandoned by
the party, will not avail if he were at some
other place assigned him performing his part
in that conspiracy.
Eighth, That this plea is, unless clearly made
out, always regarded with suspicion, and the
circumstances weighing against him who at
tempts 1T, because it implies an admission of
the truth of the facts alleged against him and
them
Ninth, That flight from the scene and the
concealment of the instruments of violence
are circumstances indicating guilt.
Tenth, Although confession in the slight
est degree tainted with promise of favor or by
fear is not admitted as evidence against him
who makes it,. yet if made freely and volun-
tarily is one of the surest proofs of guilt As
to the credibility of the witnesses you are to
be the exclusive judges You sec them face to
face; you know whether they are confirmed or
unsupported or contradicted by other Witness
es OF credit and other circumstances.
After other remarks as to the credit to be
gwen to witnesses. the Judge said, in conclu-
sion:-"You will take the case with an honest
purpose to the justice of the United States and
the defendant, bearing in mind that it is the
office OF the law to secure the punishment of
the guilty and the protection of the innocent
If John III. Surratt, in the honest and intelli-
gent conviction of your Judgment and con-
science, is not guilty, SO pronounce by your
verdict, thus giving lesson of assurance that
court of justice is the asylum of innocence
On the country, if guilty, pronounce him
guilty, and thus by your verdict furnish guar
anty OF protection to intended victims of guilt,
and a testimonial to the country and the world
that the District of Columbia, set apart by the
Constitution of the United States as the thea
tire for the exercise of the federal power gives
Judicial guarantees essential to the protection
OF the persons of public servants commissioned
Dy the people OF the nation to do their work
safe and sacred from the presence of unpun-
lshed assassRs within it's borders
AT twenty-eight minutes before IL the Jury
retired to their room in charge of bailiffs.
AT $50 Z. M. Judge Fisher again entered the
Court room and took his seat upon the Bench
but as nothing was heard from the Jury he
subsequently left. Between and 10 o'clock
bedding was brought into the Court House
and taken up to the jury room, an indication
that there was no prospect of an agreement
tonight at least. At 10 o'clock Judge Fisher
again took his seat upon the Bench, and was
informed by one of the bailiffs that there was
no prospect OF an agreement. Judge Fisher
then stated that he would go home. He would
not order recess, but it was understood that
he would not be here to receive the verdict
until Tomorrow morning. Some of the Jurors
were comfortably disposed upon pallats, and
others are striving to convert each other to
their views.