The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-13
SPIRIT or THE PRESS.
EDITORIAL OPINIONS OF THE LEADING JOURNALS
uPoN CURRENT roPICs-OoMPILED EVERY
nay FoR THE EVENING TELEGRAPH.
The Trial of surratt.

.s;so,reement of the jury, This virtual YER
diot Of "not proven" reflects the judgment of
tbo community, expressing by its divided voice
=, most cool minds which nothing
-, tI1e trial has cleared up--frst the doubt
- ori,ne Surratt was an accompllce IN,
and next the doubt as to what extent ne was
an accomplice in any crime; e,,.
NeitbeT this trial nor that OF when II was
.ba seonel deserves to be called poltical one:
All parties demanded tnelu, anu PIooeoiy al
- - Fa,tisans are satisfied with the results of
Ill The greatness of the crime shocked in
';d.s common to mankind and the con-
in,Ioo of the civilized world called for its
sonnisbment. The fatal blow fell on President
lincoln. not as the leader of party, nor even
sc the chief of divided empire, but as the
nd of a great nation wringing a cry of horror
from Republicans and Democrats alike at the
North. which was echoed with despair deepen
inc its tone from the seat of the Rebellion.
n was a crime so enormous that history
marks its few parallels as wonders of blended
fanatcism and depravity. All mankind called
down sure and speedy doom on the heads of
It's perpetrators. When, therefore, the Gov
arnment. availing itself of the existing state of
war, cited the criminals before a Military
Commission, which, while respecting their
rights, refused all delays and brushed aside
the fctiOns and technicalities usual and useful
in common cases. letting in every ray of light
from any quarter upon motives and persons,
and scanning the widest range of circum-
stances, most candid persons agreed that a
case transcending all experience was rightly
tried in modes as extraordinary. Nor did
sympathy for the sex of one of the actors de-
generate into sentiment except in morbid
minds. Guilty souls are of no sex, and i'm
martial Justice knows no tenderness for a
freak of nature that embodies wickedness in
a Womans form. The sentence and its eXecu-
tOn, therefore, were generally approved, Tor
IL was felt that Government had acted other
wise, would have been guilty of les emqjestf
against ITSELF and deserved contempt for its
pOwerlessness to protect its existence from
heinous outrage.
John H. Surratt was called to his account in
calmer state of the public mind, after time
had appeased its righteous anger and the pas
sion for retribution had been allayed. He has
been tried by the regular and indulgent forms
OF civil tribunal, prosecuted without vim
dictivepess, and skilfully and tenaciously de-
Tended before jury chosen with strict impair
tality. The uncertain result of his trial can
scarcely surprise any one who has followed its
singular course.
Singular in many respects-frst, as to it's
connection with political interests. For
though, as we have said, the mere offense had
no political character, the energy of the pro-
secution was directed to revive the terrible
national excitement that hung about the
former trial, and borrow the grand scenery OF
that tragedy to decorate their smaller stage.
Charged with crime against life, Surratt
was held to answer by implication for treason
and revolt. The plain question of his guilt
was complicated with the imputed wicked
ness of the Rebellion. This galvanizing OF
generous but dead emotion was unfair for the
accused, though for that very reason it proba-
bly, served his cause with the jury. Candor
compels us to add that the presiding Judge
seems to have adopted this theory of the
prosecution, reinforcing itself by hatred of a
bad cause, on one or two occasions to which
we shall revert. Closely connected with this
was another popularity of the trial; we mean
the extreme personal bitterness with which 1t
was conducted, although Judge Fisher, in
noticing this bitterness as unusual, proved
that he was unaccustOmed to that fencing
without the button so common in New Iork
Courts, and to those cool insolences with
which a noted radical leader delighted tC
disgust the Boston Bar yet it is true of both
sides, and notably of the defense, that theil
insulting disregard of the feelings of wit
nesses, and their irritated bandying of taunt'
were quite beneath the gravity of the occa
sion. Another special feature which aldet
to perplex the case and lengthen 1t lnordl
nately, was the controversy over the charae
ter of witnesses. At one time, indeed,
seemed as if whole county would becom
ranged on the side'of attack or defense owe
the body of some writhing occupant o
the stand This building up one da,
of a stainless character, to be dashe
on the next into the ruins of profligate disrt
pute-this overwhelming sweep OF lmpeaol
ment and rehabilitation - weakened IN
strength of both sides, and threw gray
doubts upon the genuineness OF most OF I'll
testimony. AS well might the ancient orde
by compurgators be revived, when tWel'
reckless friends, solemnly and vaguely sWea
ing to the innocence of the accused, were m
by as dauntless dozen upholding with equ
oaths and obstinacy his guilt. There can
little doubt that this bewildering uncertain
was a chief element in the jury's lndeolslo
Another popularity of the case, adding
their embarrassment was this-that Surra
was here in fact, on trial for the second tim
Intimately involved as he was with the form
criminals, if the searching scrutiny of the
trial into persons, places, and incidents d
not inferentially clearly bring out his gui
the Jury could hardly have supposed him
be an active accomplce. And if this spec
re-examination of the circumstances as tn
affected him, with the addition of new on,
failed to enlighten their minds as to the da
DIaoes of the former trial, their conscientio
doubts would be increased For the proseC
tiop had the advantage of using circumsta
fial evidence on record which the new g
dence should have so pieced out and acc
Tately dovetailed with as to exclude any 9th
nossible conclusion than that of the prisone
6uiIt. and discrepancy here, after double So
3inv would double the force of doubt.
a. 10 some of the details of the case,
1aa of an aIibi set up by the defense scare
- i ,,,t1 ha n =