Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-15
THE EVENING STAR.
THE TRIAL OF JOHN H. suRRlTT.
Judge Fishers Opinion as to the Admissi
bility Of the Hotel Register.

THE TRIAL OF JOHN H. sURRATT.
Judge Frsher's Opinion as to the Admissi.
bility Of the Hotel Register. a.c
Cen E G. Lee tssn Of Gen. II z. Lee On
the Stand.
Offer of Testimony to show that Surratt
got none Of Jake Thempssn's Money
The trial of John Ii. Surratt was resumed
this morning in the Criminal Court before
Judge Fisher, and as usual the room was
densely crowded long before the opening Of
the Court. The jurors and prisoner having
been brought in, the Court was opened, and
Judge Fisher delivered the following opin-
ion as to the admisstbiiiy of the register OF the
Webster House in Canandaigua' oHeTed by Mr..
the Is, Gu ~ tSe webster House, Cansn.
dalgua, offered in evidence when we took re-
cess on Saturday, cannot De allowed TO 60 to
the Jury at present 1t was proved BY the
nronrie,or of the house who kept IL on the 18th
april. 1895. to have been the register used by
him, and turned over by him on Monday, 18th
he kept the same lying open on his counter
nntiI all the blank leaves were flied up, aHd
then placed under the counter. where 1t could
nave been without his knowledge, used for
any purpose, whether honest or fraudulent
This is iust precisely one OF the cases whichthe
sncient and well.estahlished rule OF evidenc e
that prisoner shall not be allowed to manu-.
facture evidence for himself was intended to
meet. 1t ID said that the name aJohn Har-
rison" standing on that register for the 18th
April, 1865, having been sworn to by MISS
ought to be admitted as evidence tending to
prove that he was present At Canandafkua at
that date. But, as have just said, it is evil
dence made by himself, and, although it might
be put in evidence against him il In his hand
writing, yet it cannot be used as evidence in
his favor, just as any diary which he may
duced against him, but could not be produced
in evid ence IN his behalf
Besides the fact if established beyond all
perady eBture, that the name John Harri-
son" is In the prisoners's handwriting, does
not even tend to show that he was in Canaan
daigua on the 18th OF April, 1865. The name
could as well have been written by him IN
Canada. or Rome. or Egypt, as in Canandai.
qua The book has been at the mercy of any
body tor IN ore than two years. 1t could have
gone to Canada and back hundred times; or
could have gone to the book just as often. The
ent tries below the name of '.John Harrison
as well as that entry ITSELF may as well have
been made at any otner time as on the 18th OF
April, 1865 1t is to guard against inst such
con tineencies this that the rigid rule Of evil
dence to which have alluded was established
II the defence had proved by any credible
witness that the entry OF the name of "John
Harrison" had been made at the hotel in the
regular order Of business, on 18th OF April. by a
person passing under that name, the book
might 60 in evidence as memorandum Of
tact made at the lime of its occurrence. and
thus proof that the entry was in Surra.t's
hand would tend te show he was there at that
time. 1t is only memorandum SO made
that it is allowed 10 speak of. and it cannot
take the character OF such memorandum until
II be shown that il was so made at the time
and place OF which it is desired to speak.
Let the principle be once established that
such eyiden &c as this register as it now stands
is admissible, and the proof of an alibi will be
the easiest thing made that could possibly be
81 Noi n a grin mo- hon rbnI
the guilty party may escape TO Canada, regis
terng himself in an assumed named where Y er
he may stop, and will only have to travelback
again, write his true name at near the bot
tom OF the appropriate page of the hotel regis
ter wherever he stops on his return, with one
or two friends 10 write their names under his.
and the defence of the alibi is complete
Mr. Bradley stated that he could show bv
evidence OF respectable persons residing in
Canada that Surratt was not in the United
States between the 18th of April, 1865, and
Canada. and was in charge OF friends there
all the time, and did not leave there until he
left the country. He now had witnesses on
the way TO show those facts.
VIM Failing recalled and examined by Mr..
Bradley.-Witness testified the ordinary route
from Elmira 10 Albany was by way of Canaan
daigua. Witness vas here shown the register
OF the Webster House, and asked what time
persons registered at the time the name of John
Harrison was registered would reach Canaan
daigua from ElmEra.
Objected to, and objection sustained
Judge Fisher said the question could be put
as TO what time persons arrived in the regular
course of bn siness. but the witness coulo not
refer 10 the register.
Witness resumed.-One trim arrived at Ca.
nandaIgua from Elmira in the forenoon, be
tween 10 and IL o'clock, and another in the eve
ming, between and 10 o'clock Witness deliy.
cred the book 10 Mr.. Chamberlain ON the 22d of
April. when be took possession OF the house.
The night or check book was here shown 10
witness. and he testified the leaves were torn
out between April 18th and goth. Entries on
the 18th were there, and entries Of the oO.h
The books were removed TO a wood shed
chamber, and the children often went up there
20 play school. and they might have destroyed
the leaves. The book was found by the SON OF
witness, but the missing leaves could not be
found. II perfect, that book would show who
was al The house on Saturday night, the 18th
OF April.
Cress-examined by Mr.. Pierrepsint.-Ap per.
son arriving On Saturday night at Canaan
dagua could not leave by the train until
Sunday night, between and O'Clock. There
were two routes from Canapdaigua to Canada
Witness aid not remember of lady named
Mrs. Wood dying in his house ON Saturday
April 15tn. 1865. Witness knew the Deputy
Provost Marshal AT Canandaigua: his wife
did not die al the house OF witness; lady
named Miss Bull died there about six months
before that. The n light book would ave SHOWN
who was AT he house on April 18th had the
leaves been In the book.
JcSeph y. Du Barry sworn and examined by
Mr.. Bradiev.-Witnpss resided in HARRISBURG
Pennsylvania; was General Superintendent of
the n Northern Central Railroad, had held that
position for five years. In April. 1865, witness
was In Harrisburg, Pa. Witness he rereferred
10 bis books, and testified that on the 18th of
April, 1865, the mail train did not leave Baltl-
more. An accommodation train left in the
evening at 62O, and went the Relay House
on the Northern Central Road seven miles out
of Baltimore. Two night express trains left
baltimore on the night of the 18th at 10 p. m =,
and arrived at Harrisburg at $50 and $50 a.
m. On the 18th train left Harrisburg, going
north at4ii p m; that train arrived at Sunbury
at 420 p. m There was NO train on the morn
ing OF April Is. The train leaving Harrisburg at
2.li p m. lou Id not reach EImira that night:
the running time from risburg TO Sunbury
was hours and IS min utes the running time
from Sunbury 10 Willamsport was about =
hours. and from WIlliamsport to Elmira about
5E hours.
Cross-examired by Mr.. Pierrepoint-On the
attn OF April, 1865, al midnight, witness was at
Sudbury coming towards Harrisburg; left
Sunoury on The morning of the 18th about 30
and reached Harrisburg about half past ten:
old not remember how long he remained in
Harrisburg. Witness was not in Baltimore on
the morning OF The l5tn; did not know person :
ally or no train having left Baltimore on the
morning Of the l5tn.
BY Mr.. Bradley.-DId know that no train
from Baltimore passed through Harrisburg on
me morning OF the 18th TO reach Elmira at
$50 that evening. Witness would have kaowu
it had train passed AT that time there WAS
no train left ElInira In the evening comm z
South. On the 18th and iith ne trains com
Ing south left Elmira at o'clock q. m, and
ShOuid have Ra NJ ~