Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-06-24
lowing questions propeunded to the learned
in dges bv the House of Lords:

First Whether, Wnen witness In support
Of a prosecution has been examined in chief,
and has not been asked il crosse Examination
as to any declarations made by him, or acts
done oy him, to procure persons eorruptly to
give evidence in support of the prosecution,
II wonid be competent for the accused to ex-
anime witnesses to provesuch declarations or
acts without first calling back such witness
examined in chief, to be examined or cross
examined as to the fact whether he ever made
such declarations or did such actsl And
Second. Whether, it witness Is calted on
the part OF the prose cutor, and gives evidence
against the defendant, and if after the cross
examination it Is discovered that the witness
80 examined has corrupted or endeavored to
corrupt another person to give false testimony
in the cause, the counsel for the defendant
may not be permitted to give evidence OF such
corrupt act without calling back such wit
nessl Both these questions were answered in
the negative unanimously, SO that the decision
was was ,hat even when 1t should be discovered,
the prosecution had been guilty of supposed
declarations or acts in endeavoring to suborn
other witnesses, his conduct in that respect
could not be inquired into from the other wit
nesses antil he had first been allowed the op-
portunity Of explaining such supposed acts or
declarations; and the reason given was that if
such course could be pursued without pre-
yious intimation to the witness, great Injustice
might be done both to the witness and the
party calling him. 1t will be observed that
the question only had reference to declarations
or acts made or done to corrupt the fountains
of iustice--to procure persons to commit per-
jury. This was all that was decided, and
nothing more. 1t is true that in delivering
the opinion of the learned Judges, Chief
Justice Abbott said, 1--WE think the only
effect of a SUI kseQuent discovery" tot
the effort at snbornation Of per ury,) :swould
be to allow the witness to be called back for
further cross examination, II still within
reach" But this was not even a decision of
the question as to whether in such case the
witness could be Of right called back for the
purpose OF further cross.examination The
~ q ay of rnh ri oh Of
recall and farther cross-examination was not
one of the questions propounded to the judges,
and of course was not matter decided by
them But even supposing their decision went
to hat still that is OF this case Itmight
very we'll be that if the Judge trying q cause
should be satisfied by affidavits or otherwise
that there was probably cause 70 believe that a
witness who had been examined and cross
examined had been guilty Of attempts at subor.
nation, poisoning the very fountains of justice,
he should order the recall OF such witness for
the purpose of giving him the opportunity to
explain or to deny, and then in case of denial
to allow his denial to be attacked. But that
would be very different thing from ordinary
witnesses to to remain for weeks, or it may be
for months. hundreds ofmiles away from home,
or to order them back after their return home,
that they may be recalled for the mere pur-
pose OF laying the groundwork of their contra
diction by other witnesses who might be hunt
ed up.
We think the case ofthe Queen Caroline is
good law, so far as it decided the questions
propounded by the House of Lords, and no
further. 1t Is not decisive OF this present ap-
plication. No person can read the opinion de-
llyered by Chief Justice Abbott without dis
covering that 1t is very wide of the present
case.
II the law were so well settled as the coun-
sci for defendant in this case claim it 10 be- it
IS not a Little surprising that the text books
altogether silent on the subject. and that no
aGIudIcated case has been produ ced in sup
port OF the proposition.
The rules upon this subject, to which have
a1lnded, are such as have always seen OBJ
served in any practice with which [ am fa-
milrar, and in the absence of controlling au-
tnoflty or reason requiring they should be SET
ASIDE, prefer TO adhere TO them in this case
as nave IN all other cases which have pre-
II counsel for the defence still believe thew
ace right i'll the views which they have pre-
sented they are entitled to n ete an exception {"
Mr.. Bradley said be desired to have 1t ap-
pear on the record that Lee was in Court and
and going towards the witness stand 10 be
cross-eXa1nlned when the objection was made
by the prosecute
Mr.. M errick said he would file an affidavit
TO the effect that Lee was in Court at the time
the objection was made by the Prosec ution.
Wilson. Knew John Wilkes Booth He
came to the office Of witness and desired to
have tumor from his neck removed Wit
ness removed the same.
Mr. Bradley called the attenticn of the
Court To the fact that the defense objected to
all this testimony.
Witness resumed Some days afterwards
he called at the offic Of witness with the
wound torn open. He bad the tuneor removed
while playing an engagement here at one of
the theaters; he said the wound YVES torn one
during the play the Previous evening; thought
the operation YVES performed abCat one year
before the assa "sination; witness saw the bod v
ON the Monitor at the navy yard; identified it
as the body OF john Wilkes Booth; he was
playing an engagement when the tumor was
removed with Miss Charlotte Gus hman
John GreendecaU sworn and examined by
Judge Perrepoint-Witoess resided in Phila-
delphia; was in the heiel business; kept the
pennsylvania House In the city OF Washing
ton from October, 1864, to lS6e; it was on @
street. between Four-ard-a-haE and Sixth
streets. Had seen Wilkes Booth at the house
frequently; he came to see Atzerodt, who
stopped at the house. Atxerodt occupied room
No. 81. Had seen Herola at the House Sam
nel nj McAliister was boek-keeper at the house
irIiseneI was here requested to stand up. /
witness had seen the prisoner at,:he Pennsyl. !.
wanna House; did not remember when it was
he saw him there.
Question did Booth dc there9
| Objected TO by Wr. Bradley. Question with
drawn. .... =. =.
Question.-What occurred there!
! Witness answered Booth frsq uently had
private conversations with Atzerodt Heard
Atzsrodt say he expected to leave some day,
and after being away TOR some time would
return with enough gold to keep him all his
ine. This was few weeks before the assassi-
nation. On the Wednesday prior.to the assas-
isination AtZerodt LETT the house. Witness
knew of the one-eyed horse beloc ging to nm.
Saw the horse after the murder atsLhe Provost
iMarshaPs Office. Saw Atxerodt on the nipbt
iof The murder, about twenty minutes past two
O'Clock a. m. Witness went to his house at.
mat honr, when servant man came up and
SAID Atzerodt and q stranger wan1ed lodging
ihe' stranger gave the name of Samuel
Thomas. Atzerodt wanted his old rsom.
but 1T was occupied, and witness told
him he must go in the room with the
stranger. The man Thomas was a slender
Ean, with dark hair and beard; about five feet
"a X inches high, and his clothes much worn.
SAW aAszerodt during the trial. A Iedy was to
leave la the 6 o clock train SATURDAY.: a servant
W0nt for' carriage about O'CLOCK, and on his
rd6nEn met Atzerout 1t was daylight at that
honr. Atzerodt had no baggage; be never paid
his bill. Atzerodt had left g revolver With the
clerk IN the office. He showed It tc witness
saying he had Just purchased it, D Never saw
the man Thomas before. CO .JlE674a giEgaEs .arg
Qpeshon<-Did he ever say anythiugt0 youl
Objected to by Mr.. Bradley, and obiections
Cross-examined by MT! Bradley.-Onay re-
meYnbered Sarratt,s face: The Stage foSs the (
lower counties OF Maryland left the hoRse Of
BY Mr.. .Pierrepoint-1The stage for Surrests-T
BY MT rBradieyAWitneasdia mot see Atze-
roQt at o'clock, the servant SAW him at that
time Did not see Thomas after be went to bed:
did not see any person resembling Thomas at
the conspiracy trial. 100 ssFE - 4 "a "a \
John H. Lloyd sworn and examined by Mr.
CarrinEtoR R.-Witless resided In this city, on;
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