New-York tribune., 1867-08-08
THE TRIAL OF SURRATT.
THE CASE GIVEN TO THE JURY-CHARGE OF
JUDGE USHER .n -

o'clock.
Mr. errick said that the counsel for tho prosecution
yesterday introduced record with regard to sergt Dye
and said IL the defense had known OF the record they
would have been cruel I'm referring to Dye as they did
Judge Fisher interrupting Mr. Merrick, asked If the
rd vas in evidence Mr. Merrlck said 1t had been al
luded TO by Mr. Pierrepont
Judge Fisher said that all the defense could do thsmorn
ing was TO make corrections OF missatemens OF testi-
monv Mr. Merrlck said he then wanted to make an ex
nanaon whichwas that he had not known OF the record
when he spoke OF Sergeant Dye being indicted Upon
OF the record IL found that the case had
been withdrawn or abandoned after this trial had com
menced 1t was shown too that the prosecutor with
drew the charge upon the payment OF the money Whch
had been passed upon him as counterfeit by Dye
Certain alleged misstatemens OF testimony were theh
read, and Mr. Merrick about to speak upon them,
when he was interrupted by tic Court Mr. Merrck then
asked II he could correct some statements rs 10 inc e
mony of Cass Mr. Plerepont said that testimony was
all read Mr. Merrck said that some OF the testimony
had been omitted in the reading
Judge Fisher said the counsel had right to read such
testimony as he chose and such parts of it as he chose
Mr. Merrick said he wanted to make personal expana
ton MS 70 his statement Of the ruling of the Supreme
Court on the subject Of military commissions he thr
MerrielD contended that the Military Commission had
been declared Illegal by that tribunal Dir CaIrngto,
nteruptng Mr. Merrick said that this was opening up
fine whole question and he insisted that 1t was not III
order Judge Fisher thought that these explanations
could be made at any other time as wen as now.
Mr. Merrck then made statement win regard 10 IIe me
alleged Recommendation OF MIS- surrat 10 hsde:o he
was suspicious all that from the Judge Advocate
Gsnern1 Mr Carrington again interruptng, denied the
{Sht ~ tbe gentleman mfr Merricl to speak Of tho
officers OF the Government ana sald that lhe eeIrn
speech was moved by his attack upon Government
ohcias Mr. Merrick resuming said that II Judge Iots
statement now was correct that the I rt
10 mercy was part of the record his published report
AeT some further corrections Judge Fisher delivered
'i GRSTITMlS OF rmE jury: E" Whose sheddeth mans
blood, by man shall his blood be shed" so spake tns
hImIiy 10 his servant Noah when the great deluge ad
rceded and the ark had rested upon the Oy summit OF
Mount Ararat This is Gods own law ana s WISDOM - -
acknowledged by clyllzed NATIONS ana ten We ifet
with sentimental philosophers who think themselves WISE
above what written, and who deem IL their duty 10 III
up voices In condemnation OF TINS nat OF Jehoya.
and although they have made but lew thorough converts
10 their pefnicious doctrines they not ufrequeniy sue
people limited sentimenalism which leads them often
oy I'm te gentle kindly whsperngs OF mercy, forgetting
that mercy the guilty Is mercy TO the innocent MIN
whatever 10 do II Is no matter Of yours to inquire
whether the prisoner at the bar Is PIoPer subject o.
pang in the crime with which he stands charged before
you but simply to determine h gGt M or or iUceS TdoTs Rad
lowered on national horizon had begun To- MI ahd
tle sun W " rSiV ri ,ctsD a., ,, army of tic Rebels who
followed the traitor Lee I'm his retreat from had
Sco b the army under the Rebel johnson
was In vain flying from impending capture-when our
city was radiant In lumnHu0ns' IN celebration ol tno
downfall of most wicked and atrOci0us reDehOn-Whe
The hearts Of all loyal we're leaping ana
ewes of nI lovers of peace throughout the land
were eagerly looking 10 him whose great heart had hes
cherished feeling Of malice Tor even ah @ ele15' % ou c
abounded In love aud charity for all IN the nope tat se
another year should have passed away the nhns & Mg %
had been lifted up against each oth.I NV"', "h"l ~
ea,ped "a rsa9SH orid spu he aeai1 united in
SSrsspons Ss5ISs % rcietions on the iiIh day Of Apr
1865, the Executive head Of this great Nation
lie most foul and wicked conspracy the record Of whlch
has over stained the pages Of history was stricken down
&c. gNs. .Ishu
motropo. OF The Republic end under thc very tnaom
OF is Capitol. Historians and tSAtwnicrs on law uy
lug the death Of a weak OF "A wicked hhE OF oi @ u
wise ana bchEIhht hhvhaI',,, Du' 20" ni ,SSst
tIat 10 murder tic duly elected President
OF the most powerful people earth T. not les afro
.,us in its caract.r tai 10 compass the death Of
King or an emperor, albeit be may have sprung rom
tho strong olns tho people who have made hm their
head and may have royal blood couta
lns through bis veins You may be- told II l crmc sur
Who as born 10 Inherit throne simply because he may
be tho Eng 81 an enslayed pcoI,ie, 9t h9t mat
oicnse Of no greater magnitude than to murder tic
lean jury VIII ony believe thls doctrine Nheh Tue people
have become dcmorauled aud corrupt, - devoid of
have king aud ruler iostcd upon them by me aec
dent Of birth or of fortunate adventure rathethah have
execute their laws aud for the time being, 10 stand
o. tho representative head of their collective sovereignty
try viii consider 10 moro hcinOus crime To XII
king. % desire hs death than y To assasanatn
"A President II Is OF no avail 90 tell You that 20 surround
Tho life Of n President ~ republic with safeguards as
sacred and powerful n these which In monarchcs are
thrown about "A King, as yOu have becu told IN
"iv 80 tb".,c Those cVes have been dazzied
by visions Of stars and garters, and who are
dcsrous Of exchanging our free Institutions for mon
archical form Of roycrmcnt on the contrary they only
can Doe opposed To guarding with sacred vigilance the
life VI President of free people who are themselves
prepared TO submit 70 the rule Of dcspot Why should
tho people be less proud less rcgurdful Of the life OF
ruler selected by themselves from among themselves,
tban they would be OF the life Of him who claimed 10
mi le ygr
answered shall be willing 20 admit that the life OF
af a. Ripa' and that 10 destroy the life OF a
President crime OF less arocity than to merely desire
the death OF Prince but not I'll then; nor do believe
viii you one OF the conspratOrs who took the life "
the President, Abraham Lincoln, the lih day OF April
scene OF murder oyertacn by the swift yenge-
OF the Almighty and died at the hands OF hs pur.
suers Others charged rs cocouspraors IN TINS enor'
nous crime tried two years ago by Military Com.
mission. Some Of them were condemned 70 oxpiute
suffer imprisonment FOR life on the Dry Tortugas.
You have been told gcncnen IN the argument OF thls
that those who were tried before that Military Com
mission, and hung upon ts findings, were themselves
the victims Of base aud dgacefql conspiracy 10 nnl
der Brave gallant ana honest soldiers oI ther countfy
have been held up before you nhuman butchers ofln
nocent men IL has been said ~ support OF ths denun-
caton that the supreme Courto the United states have
In the OF Mllgan declared the Military Court which
tried Harold and others FOR tho murder OF Abraham Ian
coin, WAS Illegal tribunal, organized without law,
without right, aud without warrant IN the Constitution
mere conyocauon OF military m9n hayl9S no @ @LiEns 10
try the committed To them by PRESIDENT Johnson;
and II has been said that was conyoked not TO Try put
10 condemn. In my humble Judgment the supreme IVUt
has made 40 such decsoDi II 30, why nave
not the prisoners now confined upon tno ply
Tortugas for completely Ia the greatest crime OF
the age been released from their confinement They
have sympathzing friends enough 10 nave Appne1 any
such decision In the direction Of their discharge and they
would not have remained there week after the decision
lad BE- IN made to the effect that they pnlawfuy
restrained OF their liberty. II understand the decision
IN Migan's aright1t went upon the ground lhat
the commission which tried Millgnn not organized
In obedience 10 tho act OF Congress pro-
yidlng for tho punishment OF such crimes
as he was charged with committing The opinion Of the
majority Of the Court upon the ground that no hostile
foot had pressed the soil OF Indiana AT the time when