American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-08-14

The Charge ofJudae Fisher

WASHINGTON, August Tn the Sur
ratt case to-day, after some discussion
upon immaterial points, Judge Fisher
. charged the Jury at length, concluding
as follows: "From the observations which
are addressed to you, you will nfer, first,
that conspiracy formed in time of war
to take the life of the President and
Vice President of the Republic, and the
heads Of the Executive Departments, for
the purpose of aiding the enemies of the
Federal Government by throwing it into
anarchy and confusion, is treason as hei-
nous aud hurtful to the people of this
country as comparing the death of the
King or Queen of Great Britain is to the
subjects of that realm.
+" Second, That every person engaged
in such conspiracy, as long as ne contin-
ues member OF it, is responsible not
only for the act of treason, but for any
murder or less crime which may flow
from it.
"Third, That the Government may
waive the charge of treason against any
or all of the conspirators, and proceed
against them for the smaller crime of
murder included in the greater crime of
treason.
Fourth, That under an indictment
for murder resulting from the prosecu-
tion of such a conspiracy, evidence of
the entire scope of the conspiracy may be
considered in estimating the heinous char
acter of the offense laid in the indi:t>
ment.
Fifth, That it was not necessary to
aver in the indictment the fact that Abra-
ham Lincoln, the victim of murder, was
at the time of its commission, President
of the United States, or to prove, in or
der to allow the jury to take that fact
into account in determining the heinous
character of the crime, it being fact Of
which the Court will take judicial cog
nizance.
Sixth, That he who does an act by
another, does it by himself, and is respon-
sible for its consequence In criminal
case as we'll as in civil case.
''Seveuth, That although an dli6i, when
clearly established, forms complete and
unanswerable defense, mere absence from
the immediate scene of crime resulting
from a conspiracy unrepented OF and
abandoned by the party, will not avail
him, if he were at some other place as
signed him, performing his part in that
conspiracy.
Eighth, That this plea is, unless
clearly made cut, always regarded with
suspicion, and circumstance weighing
against him who. attempted it, because it
implies an admission of the truth Of the
facts alleged against him, and the corr
rpctness of the inference drawn from
them.
Ninth, That the flight from the scene
of the crime, the fabrication of false ac-
counts, the concealments of instruments
of violence, are circumstances indicating
guilt.
"Tenth, Although a confession in the
slightest degree tainted with the promise
of favor, or by duress of fear, is not ad>
mitted as evidence against him who
makes it, yet, if made freely and vonn>
tarily, it is one of the surest proofs of
guilt.
AS to the credibility of Witnesses, you
are to be the exclusive judges. You see
them face to face; you know whether
they are confirmed or unsupported, or
contrsdicted by other witnesses of credit
or other circumstances ; you are to judge
whether their testimony has been i'm
peached, and consider every matter that
will shed any light rs to what has been
truthfully or falsely deposed by any wit
ness. You will diligently col ate, COM
pare and carefully weigh and consider all
the testimony in the case on both sides.
You will not disregard or reject the tes
timony of any witness unless satisfied he
has been shown to be unworthy of pure
evidence by reason of his want of char
acter for truth, his contradicting himself
or being flatly contradicted by others of
better credit, or by dishonesty of purpose
manifested by his conduct and manner in
teatifying before you. In conclusion,
you will take the case with the honest
purpose to do justice to 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 protection
of the innocent. If John Ii. Surrat, in
the honest and intelligent conviction Of
your judgment and consciences, is not
guilty, so pronounce by your verdict,
thus giving lesson of assurance that a
court Of justice is the asylum of limos
cence; on the contrary, if guilty, pro-
nounce him guilty, and by your verdict
furnish guaranty to the intended vic
Tins of guilt, and testimonial to the
country and the world that the District
of Columbia, set apart by the Constitu'
tion of the United States as the theater
of the exercise of the Federal power,
sgives the judicial guarantees essential to
the protection of the persons of the pub
lie servants commissioned by the people
of the Nation to do their work safe and
sacred from the presence of unpunished
assassins within its borders"