The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-01
TRIAL OF JOHN II. SuRRATH.
ARGUMENT FOR The PRISONER.
Why the Prosecution Desires a
Verdict.
Justics asked for, if Judge Hollis Character is
MOI Even INDICATED Thereby.
WARRINGTON, July 81. 1867.


Nan II has been IN some days past
M Merck proceeded address the jury for the deienc
end feelings with which he approchea the DISCUS
SION Undesirable As 10 inc magnitnde
If the case beyond what he Ind ever known ana s
surroundings painful beyond description No WONDER
MEN that approached with feelings OF the greatest awe
Snbe deepest soemny The prisoner IN the nanos OF
Jury destiny Is committed to them But
there something IN tb's trial beyond the ordinary
sErsigsmen. Of the prisoner. l ind arrayed
against the prisoner the BEES! talent and some
hagb officers OF the government aiding legal
combination ssrronoded by spies and dsecves aided by
Treasury of this government and AL arayed one
s"ssp this case he would go into some Of he that
acea cd tue prosecution and be would show there has been
hw Why is that all these tremendous appliances and
erfu array Of counsel here and eisewheref They nom
ns represent the but all this trial conynces
government In Its assumed offended MAJESTY and the
s their psrpo: Ss as Of
In Of This Kind all evidence that would shed light
sris the echncates Of The law have been assumed by
r Serres would not question the escn OF The
on se % 3. wo bad oss a % asr
been gwen had his view sa Which had a.,
prosecutor instead Of rspresentng the United states IN
Ss feeling AND Sentiment hey cosd use to p'. sa
s,.s prejudice against the prisoner and every
me District Attorney in breath eoneraulates the Jury
% ns Of aSe w 10 me next h opeh ~
81 se3s1s WY "a t5s 5 :
"a case according to the human enssn
have nor. and its consequences wiz If the
United states before jury continues 70 tear open
peace 50 long as internal strife is again and
ssisas Of GSd as So God Of 1eSsSauce and God Of
.Ia.s he as .ssu.edy mistaken as he Is in say
wrath But viii seek to excite prejudice. The jury
DICE and stand forth as men with Snconded minds VIVA!
me ay hss H the Of s an
70 The arst count Of The Indictment
coin. The second eouH. chsrges HIM with assault
% A count SS. the Ser with M' BooS %
Payne and Mrs. surrat In the killing of Nj. Lincoln;
spsass la. persons other uH
0
that ss parties when S1s ss ase an as
they ~ here Ine charge IN hs a. ha and
e ss% 'hI Sn h
p MT Lnsolns There ns;sns els. il he ii:
isdeied The question &. Did suralI KIN Ar Llncoiai
.sm5sr Si e southern hing and
e.. as % % A Se @ s sson %
ere eonspire, and another crime e commit the act
made his opsnins address: he spoke Of iHdeimen.
d me % found ne: Sa 1. Ss
hwarted that they commenced to try the prisoner for
e struck the wDs:sss as they came fee.
Of s %S s S.n With WHICH he snd
sn,ie prisoner body Of the Losing their
tssa,d have masnanlnonsy .eando1ed the case then
ss had &c an
Is.n. Dyes The gentleman wanted the verdict Of Jury
sson j, until the nrs. not proven .ha.
nss .pS Snnss hs have
eseh muade ha. MS insult % aga.e I, before the Jury
:soSn II TO be ~ sr s ,s. to have s,
so~ claim hat his vas not necessary
tine q the murds and the counsel aarss the Judge TO
BE fear OF what the popular voice viii do The jury
' dare 70 Do linn sA With As was popular A's
sous. DS1 Il. popular a3, voice hs
.ee@sd ihs ury ys hard that was ,a their s duty
a.. so hard, Was he advised thai the
Iss n nS Ss & The
and why did be say dineren,y Did he 6etier
Sns
s% s sy
because the Judge instructed ihem' The law Is given
S"aSssoy upon you Mr. Ssrrick cited from Third John
s1ss o. the asS w well Ss a the and
sGs determine the crime forward in hc ndci meni
pronounce the prisoner guilty not guilty y I. they
s.s. " and g ss Il. your verdict
call attention 70 the proposition OF law and refer
siason did not 90 90 far colleague Even IL Il is
proved that surst, Washington cty on the night Of
va. near the scene Of the murder
se, Whether surait was present aiding Al TIE murder
sr the posson 10 pIo ~ h ss fact 81 shsi
Thai each conspraior liable in himself for what another
ss doe; S sss,sF done y &c Ms ss
gaors fourth propsson submitted yrs,srday Mr. Asrs
sns, Sys, O. Mr. fsIssoS' sS.s ,soris eSas s.S
struggle for . lost cause. The propO.tIon referred
s w ss .e s' Ss ss s mSa.fsa Ts .n
frssdeni o. The United states ih. pursuance
sss Is. 's M s RSSu
power The President. he contonded, me ELY citizen
- Unit M Killing him taking
ME o. msn-no more and no lees No looked with
e e q. r the 1n :, but *. ss
40 and s ss ss, sa no nSss ss
fhere but crime IN whtch there are NO scsessoes
ea % ss q the witnesses against him IL i was meant
As an a e & the cut les
e.dssns him for murder and then trying him Ter Sson
not ases s 81. sS.s sSs could psSion Il.
sn,,s flra for ,he sureos. OF csrsorm'ns
=: pss q he eOn:pir.ssi n. pso:esaiiScS
% sao. ana sh1 ah ss % 20
;essa 70 and the objection .asaned Is, .. deal rarv By
ths young and though the reputation Of Joseph n
Ss shedding Of blood, L. DO .. TIE
the question as % Who are principal. and VIC are
.S ss s,s a Ss sIass % s
psspa Mr. Mr SssTss .o% &c
-. .sssSss ss he xso .Sss. .. blow sSs ssnspsn
al d. seccud dssree Bu, eriae y done, Sc who
Dounaels out not present assisting Accessory
support OF this position Mr. Merrfck cited Hale, els
page 80 q ne sane book = z .aesn Who are .ses.o
o before the fac, command The principle. referred
Mr. heuck eontondcd laid az the foundation Of the
knglsh and he did that his Honor upon
Abe bench these PRINCIPLES Russell and tyans
Crown Cases page As cited FROM also rage ms Of
che book on page 2ss case &c which several par
ses planned The uesnce Of forged order aud the actual
pnsrw alone held the principal The principle
D. teeiced In pase SS where u 10 held that persons
90 pea. 81 sdsd ss.s sas toward. p,ec
where orime IL being committed but not being near
enough Of the act, docs not
yrinsp WIN OF the theory Of the proseeu
non that sua 70 aid the murder but did
ssass here nai he Is yet principal 10 that Turderi Is u
smother asmpt trek the poor boy out OF bis life and 10
80 another udcsi murder By setting up some law o.ee,
s are prscsdens 20 Esglsnt 20 sho~ shatH is resson 70
compAss the death II Has the
nros OF Pressent In France II II 10 imagine the
eeAh q Louis Nsrolsonbpt 10 10 treason 10 nnagiue the
esth o. Andrew Johnsonf then The Grand
Jury 70 ndcs ihaddeus and ali cpmpanoos
treason; but this IL Afree COUNTY, tie pride Of
lnssiusens that ns fresd:nt u the sevsni Of the
4ecpia Mcnld Ne Corps Iexisiatf dare 70 mpsaeh
us Sapcson ., even 70 srpoat eenmisfse Of nvesti:
Sss a. irgsrs' E,'ss,. Is.r. % .u,hory Eng
ppnA that susais ~ nerrck cited he cass In