The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-19
7 HIRD EDITI0 N.
THE TRIGL OE Joan 4. SuRRATr.


WASHINGTON July 10 The trial Of John II. Sur
Tet was resumed th,s morning in the Criminal Court,
Mt. Bradley, Sr, said that one or two Of the wit
nesses Instead OF coming themselves had sent cert-
atrein on - New YORK Central Road lef{ Ai9Ssqy'
N. Y, at A, NJ. and reached Syracuss at I2O r. III.
The train lett Syracuse at sO and arrived ut Canan
Mr.; Pierrepont argued that the timetables should
be admitted In evidence but he would not agree that
the trains actually ran at the times specified IN the
Mr.. Merrick said that before going further In the
the re- opening of the Webster House Register at Can
andagua He then referred TO decision In ~ How, &
in which a letter written by defendant was admitted
In evidence 10 show where the defendant was on a
Judge Fisher did not deem the cases analogous, tue
letters were never admitted I'm ess tpey bore post
mark and the fact of mailing the lete" was evidence
The evidence OF surratts signature upon the Webster
House register II will be re mepoered was ruled ont
written upon the day indicated upon the face of the
the witnesses appeared very slowly this morning,
and at II O'clock Judge Fisher suggested that the
Mr. Bradley said that OF the witnesses waited for
who mad left ior tnis place Tuesday ana had not
yet arrived since the Court Yesterday the
man. material witness for whom tney had been
IreeSSec,abty and character and the defense ex-
pected prove by him that Surratt was at the BrAl
Witness @fTa oas from New YORK Where had be
telegraphed i9r and Boucher was eTamned m the ds,
much evidence that the defeuse proposed to offer was
IT. r.
when all ginai evidence was in, and the prosecu
tion could not now offer in rebuttal any evid ence
which might have been offered IN chief and he would
therefore now move the Court si to strike out
be connected with the case at issue. This evidence
was that which related TO Jacob Thompson TO tue
prisons. and to the Due letter. lie moved that 1t all
MIR. Pierrepont said he would not now discuss the
question Of striking out this testimony as there were
agree with Mr.s Merrick as TO what could be ad'
the defense had attempted to prove that surratt
in Elmira and 1t would be proper for the prose-
culion offer original evidence 30 show that he was
rot there The prosecution had shown that Surratt
the Theatre the night of the murder but it
Mr. Merrck argued that It was necessary to show
surratps presence AZ the Theatre ana was
that the only question before the Court was as to the
mat,ers asked to be stricken been connected
but he doubted whether this the proper time 70
discuss that question: and 1t best t. walt untall
the evidence was in When it was discussed he would
snVw NV I ihaT6 , ps1tton sworn and exRmined by
Mr. bradley aud testified that he had had very large
tPspeTs eS hibiedJ Witness did not think the Torrey
i'd S ser to reT w @ " che sas Sy z
rott did not think Booths kilograms and the Selby
| cross examined by Mr.. Plerrepont-W-itness did
| not think the selby letter written in aInatura
hand witness did profess to be expert had
he made it a practice to compare handwriting his
experience had been more in the way Of decpherinG
MIR. Perrepont asked that the testimony be
stricken out the witness did not profess to be al
| Judge Fisher ruled the testimony out.
| Mr. Bradley suggested that the prosecution go on
with the unders andng that the defense ne allowed
to put in the evidence OF the two witnesses, If they
shall arrive In given time.
| Judge Fisher said that such course would M
agreeable to the Court II the prosecution had no oh
lection. 1t matter, however for the counsel tC
| decide between themselves.
| Mr.. CaIriugton said that the prosecution woulC
certainly have hold tho defense to the same rull
they had applied to the United states in this case
| timilar proposition had been made by the prosecl
ton at another stage of the which the defenS
| had refused, and they mu't now abide by It,.
| The COurr said that the defense must close thei
testimony If the Court had no s by candlsllght rhi
| was the filth sixth week of the trial, and ther
| had been o great deal of delay.
Mr. Merrick desired to know what decision tn
| Court would make on motion 10 strike out Ger
| tain testimony.
Judge Fisher said he would hold the matter over
| and In the meantime he would review the question
| and ii not connecting the prisoner he would rul
It out.
| Mr. Merrlck said he thought the question ought T.
be disposed of before the final argument of the
| as suggested by the gentlemen on the other side
| They had made many statements about this magica
chain OF evidence. but though he could it, h
| heard 1t rattle very often.
| Mr.. Pierrepont said IL was only iron chain, q
ordinary iron chain; that was all there was in IL.
| Mr. BTadey-Yes; but there are several links to
| forged to 1t yet.
10 o'clock