The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-25
TRIAL OF JOHN II. SVRRAYr.
Judge Fisher Again Refuses to Re-
call Witnesses.
Continued Examination OF
witnesses.
Severe Cross Examination by the
efenCe.

WASHINGTON, June "A, 1867.
The trial OF John H Surrats resumed this morn
ing in the Criminal Court Judge Fisher presiding Tho
attendance was larger than upon any previous occasion
The jurors were brought Court about ten O'CLOCK
and few minutes after the prisoner brought IN,
looking about the same as heretofore. among the
visitors in tho Court room was General Grant
Az soon as the Court had been called 70 order Judge
Fisher read the following opinion upon the motion SUD-
missed Saturday, BY sho defence ssking the recall OF
witnesses for the purpose o. characterization;
sgs ss .Ss a &c 2 g. as
onsd b the after ns Is orasr Ss s
Sssa may 70: saass
The 80 e 10 rcasd e 70 g. he has
statements out Of doors prior 70 this trial or since
70 lay the foundation i%pach credit
s right have re- ser e s
again presented the question for rehssrns ana win
m.na spirit accommodation ysn.ursd to listen
% Their appeal with the ds .s e So OF
~ni could afford me grsncaon Heaven
to Of sss
NE fellow being nyoyea which but for such res srrS
would % lasting canker conscience even IN case
s ssa s s A su
through arguments which, seemed 70 me- would nave
have endangered discover whether had not possibly
decision he more have reflected upon the ruling have
made in the matter the more sm M ns
brought here from Canada from Maine from Yer
The trial It is conceded win present
month The witnesses are engaged IN the various pursuits
bank officers railroad conductors and othersa OF whom
or Of Sho savs h trial Thss
subject and OF them TO great Inconvenience
manded By the proposition the
that Of these witnesses shall after being through the
the Court remain till the trial shall be ended or the case
have ii. Character verscy ai,ssked By other W.T.
asssse ten Ss Public
n All. Tn spy .s The i"S Of
substance amounts To- and new statement Of It. 70 IT,
granting Lei take the case Of the " from NAME
Re
telesraphd TO his neshborhood and ne
saa eSfn o how
ss sss y Inc
defence present their request 70 have HIM recalled
IL and
.s Il 70 sna S
subpanssa and come from Maine ana when here they
ss
These three persons return =, nsr eo%es AND
icy i Ssas s.iS aissr sons home that shsy ali
sSs oD lie they
8 s. sss W" s e Be
cution summon 4 least dI.Isdt each q
ss y x
c.. q Ell ses &.
only ssrminsion would Ss ne death q the
S Or & ne $:
would rs end g this s trial Or the s.un Of the
lem Just 6ec.u:e &. trai. mus. have ~ END in some
ana 0n ..e.Sss
e,
down and wrongfuiy robbed their Standing the
ruled e. sssa1ssed IN
:s as sSssi,sG rshs"v
cocf Rn & properly in reference 70 the
Of this subject that must be considered
time 70 Be occupied Of this nature the
s S ol &c ss e. about
and every Of sufficient importance might be de-
ssr
every or rA1 ps.. Rss','a & $ s:
ss in fss Mankind end Il impossible ana Sow
doubt u his aaa bs q nsysS
which 70 conclude case Of great magnitude and extensive
and embark Wild ocean Of inquiry and rsise every pos
she question AZ 70 the sna Of made ne BY wit
is before first the party desiring the
examines him 10 chief putting leading questions him.
shall be manifest 70 the court that be Is an unw
witness is at fault, and NAV be set right BY q sus
ssnnos Sc directed TO the suSees matter Of In
sary without having par,cuiary pcS1,sd OF, 70
Is handed over for during which he may
tory OF something said by the dires examination
put such question. must De put during hs
has dismissed him and be has away II witness FOR
disehsrssd the party who calls second Time makes
MIN his vitness just he makes hmm his own vie
Nc, detailed z ne ss
The judges Of England in The case Queen Caroline X
@ ss e, f1U.ns Sss'1ns g as Learned
support Of pro.sca.on has be- examined IN chief
declarations made BY him. or acts done BY him TO pro-
cure persons sorrupy ssa ss'deSSs IN sup,
he accused 70 sIsmine wi,ns,sss 70 prove such
IL g or M
the fact whether he ever did such
~ Alter ,ne s. Or
70 corrupt another person =. give b s.s testimony In the
be permitted 70 give evidence q such corrupt
calling back sucn w.nes. Both these questions ;s we're
that when should be discovered after his
sag o sappo.d asssons or eae
other .n.s.s hi: cooags, in sha, ss,pes, csaa
been allowed the opportunity Of explaining such supposed
.e o. sss g hoS ,se
witness great injustice might be done both the witness
oay bad made
% commit '1 per% mi. was al hs
and nothing that in delivering the opinion
OF the Judges Chief Justice Abbott said think
only effect Of subsequent the effect o.
subornaon OF perjurywoud be TO allow the witness
called back for further examination stu within
reach but this not even decision OF the question
10 whether such the witness could be OF
called purpose Of The
lion OF such right OF recall and further
Of the questions prepounded
Judges and Of not decided BY them but
supposng their decision went 70 that length sll that
IA II might very well be that II the Judge
trying should be satisfied BY ahdavi 9th srwse
that there probable believe that witness who
had been examined aud erosseIamned had been guilty Of
attempts At sabcrnauon. poisoning the fountains Of
he should order the recall OF such witness for the
purpose Of giving him the opportunity 70 explain or deny.
and then Of denial 10 allow his denial 70
Re attacked; but that would be . very different
thing from ordering witnesses 70 remain FOR weeks,
or II may he for months. hundreds Of miles away from
home, or 10 order them back after their return home
that they may be recalled for the mere OF laying
the OF their Contradiction BY other witnesses
who might be hunted We think the OF the Queen
Caroline good law far decided the question
pounded By House Of Lords, and further II Il
decisive Of present application No person
the opinion delivered BY Chief Justice Abbott without
discovering that u 10 wide OF the present IL the
Law well settled az the counsel for The defence
claims II 10 be, not ,ue surprising that the tert books
AID