Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-01

20 erect an exchange Of prisoners. but not to
horses to hm stable. StaSisr. Gays SurratI
brought the horses 10 his etahIe and paid tAs
livery for tune; after which Booth paid i,
But, gentlemen, this whole matter il denn ely
concluded By the diary Of John Wilkes Boo =.
conspiracy to kill forned. We cay Il was
organized on that very day. You remember
Richmond fell on the Sd OF April. Lee sur-
hope for the Southern Confederacy had gone,
he, with hts mind inffamed, Influenced bv q
father who taught his child TO play the part OF
Brutus. he organizes this plan at that time.
all hope Of other things had passed.
What does he say In his diary until
to-day nothing was ever thought Of sacrificing
Sad So9R tS Fey have
duced this diary, ana challenge any m an
upon that jury to tell me that this conspiracy
was formed one hour before that time. They
introduce it, and they cannot deny the conse-
quences. He has offered 1t to you and you N ust
take that as the evidence Of the only man that
knew John w likes Booth. Where Is that arti-
Gle for The National Intelligencer. That would
tell the date. That would tell the whole We
were not permitted to introduce II. The 9th.
er side could nave let it In without objection.
What motives could Booth have IN telling a
lie! The deed was committed. Gentlemen,
there is no other evidence in the case but this
diary to show when that conspiracy was
formed. But they still claim a verdict In
the large array Of counsel OF this case, no.
tice the Government Of the United States rep
resented BY the District Attorney. is the AS
sistant Attorney here by appointment OF the
Mr.. Pierrepoint.-Certainly am.
and had good reasons to suppose SO. II
the declarations OF the gentlemen on the
other side were so, this prosecution wss
not to try Surratt alone, but to set at rest GER
tain false stories as to gentlemen holdfng
high positions under the Government
Where is your record Of that Military Com.
mission at the Arsenal! Why did you not bring
1t IN? Bid you find anything at he end of it
you did not likei We would not have object
ed We would like to know all about those
secrets. Did you ind at the end of that record
a Recommendation to mercy for Mrs. Surratt,
will forget The day when those people were
hung, snd your honor, be it said to your credit,
raised your judicial hand to prevent that muir
der, heart stricken daughter went to the Ex-
poor m other. Why did she not get to the Pres
ldent! Why did you not prove it! Oh my
God. that my country should come to this!
Who stood between her and the seat of mercy.
Does memory haunt the Secretary Of War /!
Or is it true that one who stood between her
and the President now sleeps In the dark
waters Of the Hudson, whilst another died by
his own wretched hand in Kansas! You
know that eccu sations have been brought
Against Judge Holt, the Secretary Of War, and
Mr. Bingham, in the lower House of Con.
eIess. My learned brother, the District At
tornev, read from the speech Of Daniel Web
ster. Whose discretion is broken down? Who's
prudence is betrayed? Is there any high and
great man who has forgotten the duties Of his
office add sought the blood OF an inn ocent being
Ccnover's character, the story of the handker-
chief, were all known to the Judge Advocate
General He has furnished the evidence in
this case. He knew one OF Bakers detectives
goi hold OF 1t. and 1t was reported to the Gov
eminent Prudence has been betrayed, as
Webster said. Discretion has been broken
down. Courage has been conquered. Then
comes Mr.. Carrlngton, breaking the cerements
= the tomb. and demanding verdict against
Mrs. Surratt. In Gods name, gentlemen, is it
not enough to condemn the innocent living.
Would you bring her from the tomb and hang
her corpse: Her spirit is here; it is by the
side Of Joseph Holt, and although he may say
"Avaunt, cult my sight thy blood is cold;
thy bones are mario wless;'' yet, gentlemen,
she hauIts him still.
do not depounce the Major Generals who
were on that commission. What do denounce
Is the deed that followed; not the men VINO
sat there What do condemn IS that they
come bore with that diary and endeavor to
get an honest jury to find the same verdict that
a military com mission had found Mrs Sur.
RAFT prepared Tor the world to come. marching
TO the scatfold, a load of sin laid down at the
feet OF Almighty God. AT that hour can't
she speak tor herself9 Why did you not
allow her declaration in. Would she lie ! No.
sir. They fear TO hear; they won't hear it,
Hardened Of heart, reckless OF guilt, indiffer-
ent Of justice, although they are, they won't
Jet il be heard, but i. still speaks. 1t descends
upon the head OF that boy and on each of your
hearts. woman from a nameless grave
comes here TO protect her boy. Says the Dis
by fight. Gentlemen, Surratt knew not OF her
condition until the day she was executed.
Military Commissions were organized
not 10 try but to condemn. Which Of
ward been 10 offered for for your our head a.
He fed not from trial but from oppression
Guilty. or innocent, he would have been hung.
Tyranny roamed wild in the land. No
man was safe. To tell me under those Cur
cumstances that 10 flee was confession is to
tell me that which is too absurd to reply to-
Gentlemen, something has been said in regard
10 the Catholic Church. She needs no defense
est institutions the world ever beheld. She
has always gwen to her people the mandate to
obey the law and respect the constitution Of
their country. speak not Of politics. The ban.
ner thrown out from that church is the banner
Of the cross. Nor do honor her above other
churches. / believe that churches differ IN
form more an in substance. / may compare
these various churches TO the difere ut
bran ches of a stream. He who drinks from
one drinks from he same water as all. To the
honor OF the Catholic Church be it said the
Pope and Cardinal Antonelli voluntarily gave
him up, and said Take him home; il guilty.
Try and execute him The Catholic Church is
OF he side OF virtne, and OF mercy. The Dis
ulct Attorney has in yoked your loyalty. l can.
NOT lOIIo" ulHl III us long tlTdue aD0ut District
volunteers, Tor l do not envy his ACME We
ments. Be loyal to our constitution and the
laws. All evils that are physical may be
az Gitec, but the fortunes OF, IA conscience can
not be avoided Go forth from that Jury box
gentlemen, free and unembarrassed. There
b as been blood enough in this case Ne tnan
has a greater horror of the crime which re.
suited III the death Of Abraham Lincoln than
myself Already four have been hung and
others suffer. Three years ago, gentlemen,
there was happy home In this city A
mother, q daughteI-just budding into woman
HOOD, beside them sat a son just reaching
manhood. Think, gentlemen, Of the schange
me'ber in nameless grave, the daughter
dragging out her broken hearted life. aud the
son before you on trial for his life. Oh. Gen
tlemen. may Almighty God so guide your
judgment and eDlighfen your conviction that
the remembrance OF this day aud the day OF
sweet and pleasant recollection. l thank you,
RPHtltmf u, for your kind attent On.
Mr.. Bradley said he did not know II he
woulo address the jury, but he would prefer
that arecess be taken until Tomorrow morn
ing, and If he should make an argument he
would commence then.
Mr.. Pierrepoint said be hoped the gentle.
man 9 req nest would be granted, and at quar-
ter before three the court took q recess until
to. morrow morning.
REAL ESTATE SALEs.-Messrs. Cooper i
Latimer yesterday sold the wharves, ware.
houses, &C.. at the foot OF @ street, known as
the Morgan and Rhinehart property to Clement
l.. Hughes, OF Philadelphia, for 223,01o: Also
lot 6, in square 40. on Seventh, betwf IN X and
l. streets sonth (lsland,) to p. McHnsh. for
Is Gets per foot: lot % in square 40, on Sixth,
between an d l. streets south, to ]. McCorte-,
tor IS CO nts per foot: and lot 13 in square Sol,
improved by two story brick house. frontins