Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-04-02

l W III
ler) of course could not know what the iud.,.
ment of the; Court would have been if that
| book had been produced. Misunderstood tha,
the specious excuse given for its non>produc-
tion was lest Booths Qualification of himself
and his act should go.into the case It.was
piece of evidence which he would not saw
! would have conclusively shown Mrs. Suratt's
! Innocence, but it would show that Booth meant
capture of tho President befure he ever
thought of an assassination Mrs. Surratt
might have been cognizant of the meditated
abduction, but utterly ignorant of the scheme
OF assassination. lie did not find fault with
the action of the Court with the evidence
they had before them, but he did object that
the evidence was not brought to their atten.
ton by the Judge Advocate, so that if it had
been discovered that she was not copuizaut
OF the assassination her life might have been
spared, and it was for that reason he felt Glad
that his hands had not been imbrued in the
blood OF an innocent woman. lie brought no
charge against the military officers comprising
the commission They relied upon the j Judgc
Advocate to produce the evidence, and to
shed all possible light upon the case. But
the fact is that all the testimony was not laid
before that tribunal. by the production of
the diary before it had been mutilated Booths
accomplices could have been ascertaiued. 1t
would have been known why it was that the
plan to kidnap had been changed to assassi>
nation, and who it was that instigatcd the as.
sassination, and who it was that would be
specially benefited by the change in the sue
cession Of Mr. Lincoln after the knife had
done its work, and the same book would have
explained how Booth expected to clear him
self by coming to. Washington and giving
himself up; but it was never even so much
as attempted to ascertain who had cut the
leaves from the book. He (AIr ButIer) was
only speaking from hcarsay as to the diary.
but members of the judiciary Committee
could correct him if he was wrong He was
not, however, speaking from any knowledge
that lie had derived from that committee or
any member Oft. He would not have pur-
sued the matter if the gentleman had not
charged him that he had no evidence for the
statement he had heretofore made The gen
tleman brought the whole subject here. and
he Mr. Butler) revived it because he de-
sired the fullest investigation.
At the conclusion Of Mr.. Buffers remarks
he replaced in his pocket the diary which he
had taken from it while speaking.
Mr.. Bingham asked MIR. Butler to Let him
have tho book
Mr.. Butler declined.
Mr.. Bingham said if he had the diary he
wanted him (Mr Butler) to produce it.
Mr.. Butler said the judiciary Committee
had not permitted him to see it. The book
he had was his own. lie had no doubt how
ever, that Mr.. Binham knew all about the
diary
Mr.. Bingham said lie would in few words
answer the disreputablc accusations and
charges of the gentleman
The Speaker reminded Mr.. Bingham that
the word ''dsreputab!e" was not parliamepta.
" IoI 10
Mr.: bingham begged leave to differ with
The Char lie thought that in this case it
was perfectly parliamentary, proper and in
order Mr.. bingham then proceeded and
referred to Mr. Buffers charge that he had
altered the sense Of his remarks the other dav
In the alterations he had made in the report
OF his speech. The report Of that speech. as
handed to him Tor revision, was one of the
worst and most incorrect that had ever come
to him from the official desk, and in revising
1t he had not altered the sense of a sinuie
word or sentence, and he deGed the gentle
man Mr.. Butler) to point out any such alter
alton 1t was the same in substance to the
very last word, and as appeared from the
mcagre reports IN the papers the day after it
was delivered. He (Mr. Bingham) had
charged that the gentleman had assailed TIE
men IN the field, and charged them with
i a
reiterated that charge. lie GMr. Bipehom7
had also charged the gentleman that he Meth
or knew nor cared what the evidence was
and he said so yet But he says there was
other evidence withheld. If he TButIer7 is
the lawyer he was reported to be. ard there
was no disposition on his Mr.. Bingbam'sl
part to underrate an antagonist. the gentle.
man was to be piticd if he did not know that
evidence after the fact was never offered Or
entertained by o court lie dcfied the gen
tleman to show by any investigation that anv
statement or communication made by John
Wilkes Booth was not made after the fact and
therefore lnadmissable as evidence Any
lawyer knew that such evidence was barred
and he treated with scorn and contempt auy
statement that he was obliged as Judge Ad-
vocate to produce any such evidence. All
the Judicial tribunals had decided one wav
upon such evidence, but perhaps the genius
OF these judges was not equal to the uncon>
querabIe genius of the unconguerable hero of
Fort Fisher. Laughter and applause on the
floor and in the gaIIcries.1
Turning to the Speaker Mr. Bingham said
he hoped his last remark would be consid-
cred parliamentary.
Mr. Butler rose and desired to be heard.
AIr. Bingham declined to give =wav. Tie
did not sec that the gentleman from Massa-
chusetts had any claim upon him for any ia
vor. lie (dr. Bingham) had never seen
any such memorandum or diary as that re.
ferred to by hlr. Butler He doubted if
there was one, aud lie therefore was not sur
prised that the gentleman should hide away
the book which he had held up when speak
ing.
Mr. Butler again essayed to speak.
Mr.: bingham again declined to yield. and
said if after the gentleman had refused to let
him see the book, he [Biughaml did not care
II he 6utierl enulated the example set in