Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-27
LOCAL NEWS.
THE TRIAL OF JOHN H. SURRATT.
Prayers by the Prosecution,
The Arguments Commenced.
Opening Speech of District Attorney Car.
rington.


Judge Fisher. For some time past the crowd
within the bar has been so large that it was
with great difficulty that order could be pre-
served, and the officers Of the Court conduct
she business. The excessively warm weather
and the crowded condition Of the room made It
very unpleasant for the Court, Jurors, Oouu.
sci, and officers. At ten O'Clock the prisoner
and Jurors were broughtin, and the Court was
opened.
Judge Fisher said after to-day the passes
now used would not be good. The Court mad
been so ovar-crowded for some time past tn at
1t WAS almost impossible to breath. New pas.
ses would be issued to few persons on Monday.
He also announced that during the argument
OF this case, if there should be any, he did not
want any manifestations Of approval or dis.
approval. The marshal would have his force
stationed IN different parts OF the room, and
any one guilty of improper conduct would be
put out of the Court.
Mr.. Bradley said he had received eight let.
and Owego, who could not reach here this
morning, but were on their way here. The
defence needed Mr.. Charles +. Wetmore, and
he was to remain in this city, but was taken
very sick, and was ad vised by his physician
to leave. He was now in Baltimore, land could
not be in court to-day. He had also received
letter from q gentleman of Watertown, New
FORK, who would support the character Of Dr.
Bisseli, and who was in Elmira on the 1Ath of
April, 1865, and saw DR.. Bissell there. The
defence had been taken by surprise by the as.
sault upon the characte of Dr. Bissell, and
had acted as promptly as possible to have wit
nesses here to vindicate DR.. Bisselfs charac-
ter. He therefore asked the indulgence Of the
Court, that the defence might examine these
witnesses
Mr.. Darlington SAID the agreement was that
the case should remain open until this morn
ing to allow the defense to examine witnessed
as TO DIR. Bssell's character only. He thought
the jury had heard enough on both sides to
judge OF the character OF the witnesses, and he
hoped the case would be closed this morning
MIR. Pierrepoint said the understanding was
that the case should be held open until this
morning only. He thought having witnesses
on the stand TO swear they would not belle We
Iarty on oath was Of little importance The
Jury could Judge OF a witness, and the ques-
lion was II they could believe him or not
The prosecution had men of the highest stand.
ing who would testify against the character of
Dr. Bissell, and If such indulgence was grant
I'd to the defense. certainly the prosecution
would claim the same privilege
Mr.. Darlington said the counsel had formal.
ly closed their case, with the understanding
further indulgence
Judge Fisher said he had endeavored to be
indugent to both sides in this case. If he had
exercised his discretion otherwise, the case
would now have been over. He thought there
would be no prejudice to the case one Way or
another if the Court refused to grant the in
diligence, and il there were no witnesses now
the case would be closed.
Judge Fisher sand there were seven items of
evidence objected to by the defence, and ar.
sued yesterday afternoon. The first was that
relative to the attack on Secretary Seward by
Payne: the second, that relative to Jacob
Thompson: third, that relative to the prisoner
shooting Union soldiers, the telegraph opera.
tor, and the persons in a small boat, sent from
gunboat: fourth that relative to teIerraphic
comm unicatlon between Elmira and Washing
ton; fifth, that relative to transporting passen.
gers between Washington and New YORK:
sixth, that relative to the buell. letter found in
North Carolina: and, seventh, that relat We to
Atzerodt at the Kirk wood House.
The first and last items he announced he
would LET stand, on the ground that the evil
dence in the case tended to show that these acts
We're all one and the same scheme or plot II
indictments had been here against all of these
parties-one for the murder Of President LIN
coin, another Tor assault with intent to kill
secretary Seward, and another for assault
with intent TO kill the then Vice President
there was no doubt that evidence could be
given about each. The second item would be
stricken out. beca use there was no evidence to
connect Thompson with the prisoner or the
conspiracy. The third item must be taken as
II stood. The plot was TO take the life Of the
President OF the United States, and other head
ofhsers OF the Govern ment; and the shooting
OF Union soldiers would tend to show the m al.
Ice OF the person who shot them towards the
United States Government, As to the foarth
item, there was nothing produced 10 the evil
dence for the defense to which this was rebut.
tai, and IL would therefore be stricken out
sengers between Washington and New York
Stood on the same ground, and would be struck
out. The Dueli letter would also be struck
from the evidence.
MI Merrick asked the Court to rule upon
the question OF a few days since as to the ar
sument before the jury. II the prosecution
should open the case and the defense not reBiy
would the prosecution be entitled to another
speech
Mr.. PIerrepoint said this was a case of great
importance. certainly the greatest ever tried
in this country. He thought there should be
no rule placed on counsel as to addressing the
jury.
counsel Tor the prosecution deemed it to be
their duty TO argue their case they could do so
whether the defense replied or not.
Mr.. Darlington argued that the counsel
should address the Jury and endeayor to sum
up the whole case properly. He thought 1t
wasnot right to leave the whole thing with
the Court and jury without argument
Mr.. Bradley said If this was a case Of such
importance 1t was proper that the accused
should be advertised OF all things to be brought
the gentlemen on the other side shonld address
the jury before the defense commenced and
then II one OF the gentle men for the prosecution
thought proper TO close the case, he could
do SO
Mr.. Pierrepoint said it was always the right
OF the prosecution to close the case, and he saw
NJ l. ason why the rule should be departed
from IN this case He had agreed with the
District Attorney that he should open, and he
(Mr. P.) close the case; he was here for that
purpose, aud would do so, unless prohibited
Judge Fisher said he thought there was
always trouble when an attempt was made to
depart from an established rule. He suggested
20 counsel TO follow the rule, and 20 on with
the argument.
MIR. Darlington then began the argument for
the prosecution. After q few preliminary re-.
marks, he said he was not surprised that the
learned counsel for the prisoner should offer
10 submit this case without argument for IL
was the motto Of an able lawyer to submit a
bad case, but argue a good one. A simple
analys SIS OF the testimony was all that was ne.
cessary TO expose the fallacy OF the defence,
and establish the guilt Of the prisoner The
listing uished gentleman who had been spe.
cially employed by the Government would
make the closing argument. 1t wis the priv.
lege, and often the solemn and painful dntv
OF counsel to assail boldly and denounce the
character OF witness. Every lawyer should
be his own Judge OF his professional duty He
would endeavor to meet the learned counsel in
kind and courteous manner, but open and hold
argument He would denouncs this sDv
murderer, and assassin. and the rshel crew
who came hereto shield him. He could not re-.
gard this murderer and assassin as q re presen.
tauve man OF the South; and il an attempt
should be made to present him to this Jury Is
an embodiment OF southern honor and
chiyAlry ne called uuon them to spurp
IL as an insult to the southern people
men with southern sympathies. but
loyal, honorable men, true to the Contribution
and laws Of the country What southern man
would proclaim TO the civilized world that he
sympathized with murderer and assassin
who shed mnocent blood for money. He would
net abuse southern man before q northern
audience, or q northern man before q southern
audience. spy thrust from Morgan's band
OF guerrillas and horse thiev YES has come here
TO represent 10 an American jury that this IL
inan TO be treated as q lion and