New-York tribune., 1867-08-08
seemed
general sense Of the community seem

mortal made f confession Of bis guilt II it were
that 1S ss s % as TO the
Of an a6 how much greater Se TeseSt I day by
space spa p0%nd and time have have become almost annini:
a%Sys been nave Regarded With iu extro@e
yet when clearly established 10 tho satlsfaeuon OF
the jury it constitutes the most complete DEFENSE Bns
honest and sensible jury cannot fail TO regard WIN
suspicion Se% unless o Sh Se 81 S,cnce o the Of
the crime. The suspicion which attaches " ss p, pi,
as ass w 'SaS Se iS coSr nd aPes and il true
unsuccessful attempt to establish an alDi Is always
Seaass resort S . sca1 that Bd q Defense implies
admission OF the truth OF the relevancy OF NC aes
drawn from them. In this connection may also opSeiyg
have been moved of the party who his trial for an
done in pursuance of that ne hayg bee
of the ly that present either consructiYey or
actually, that is 10 say, either at the scene
give any or the slightest support or eneOuragement
to the actual perpetrattion Of IT, orlf he De heGoLe
fornance Of the part OF the plan assigned to him. he is
y e Sr T1sn n Yoa SSVe bcen o nee BY
the counsel for the defense, ID manner not very re-
abSt To@ are Il S Sdes Of the % Tc as the
facts in criminal cases and thatyou have the hight TO dis
tey tell you that their exposition OF the law ana the
weight OF character they possess may be moro safely
the Court The weight Of character OF prisoners conn.
sci would be very variable and not % ~ o tbs
law Of his case perhaps they would have you regard the
Court as sitting upon the bench merely 10 ern sIs
ably the Crer OF the court or the Baln might De
TO regard usurpatiOn OF his prerogatSe. IA tne
Jury entirely to disregard the Judges instructions as
TO the law OF the case confess see put t lee & oa
him to perform 1t true gentlemen that you have ING
powerand in where yOur conscences are saishea
that the instructions Of the Court are detateu h1t ~ %
honest desire to enghen the jury TO the true s ol h
law but by corrupt and wicked motive you may
rightto disregard the instructions purposey h'ehaeu
judges OF what the law may be tan the Court - apous
as reasonable as assert that plain farmer or merchant
may be taken fresh from his pOw or his counter ana DO
more capable OF navigating ana maneuyerih9 steam
your admiral or your generalillchef. In my opinion
you just the same right TO disregard the evidence
of the witnesses who stand before you unmpeaehed IN
any @ 'Iep Tave 10 dsIcSard what Tins Court may say
to you under official oath to the facts jury have
the power il they choose TO exercise 1t after having az
suned the obligations of oath, to say that they Will
law and facts according to their own caprice OF tne conn
side But such not the purpose for which jues were
intended, and they, have no right 50 TO- TO set; a,
as to the facts then the office Of the Judge under
Ibis 70 oa o to Ss e 81 M 20 VI s pd and Sy a
what is the law which may be apphcae 10 those iacts
Of the witnesses nor the Instructions OF the Judge
unless they are satisfied that corrupt motives nave
mate redress-a wit of error to the Appellate Court
Much stress has also been laid by the % counsel Se
ing this trial more than $50 exceptions nave been
the necessity OF calculating the number OF excep
tons and Prading them before you with view Of hay
ing you render verdict according to irrelevant evidence
not before you rather than according TO the testimony
disposition TO criticize their taste, but leave
M the SO sep prIset e e e mS Sas duty remark 10 3
II counsel viii be bold TO present propositions TO the
Court which every in the professor ought TO know
uutenabe, il does not necessarily follow that the
Judge must always be so weak as 20 sustain them IL
rans Of Judge at @ % were intended to J passed
in review before an Appellate Court have never 9ei35s
10 ese matters I NAV observe that perhaps owe il
10 the dignity OF the Bench to have interrupted counsel
in conduct OF the IN this particular but IN
Sa2d and the yindIcation Of the outraged Justice Of ma.
ton In mourning the other deem II my duty 10 cast
by any possibility tend to prejudice either side of the
issue, come now TO direct your attention, IN a
! general way only to the evidence; IL would De I'M
possible for me to review u ~ detail without taxing
have already said that the counsel Tor tue defense rey
upon abi acqu the prisoner. They also nave en-.
the material witnesses whose Testimony has tended TO
connect the prisoner with the body OF the crime either
erial oi 10 g S5 ~ e sHe suceeeed
! in destroying the crediOility of any one or
OF them you are to determine On the either band,
which they have spread before you tending TO show the
malice OF the prisoner toward the Federal Government,
and especially toward the deceased Abraham lhcoln 1or
long time prior TO the murder His frequent commun.
cations and intercourse Rry6ae' t6 Gonndena ana
personally and by letter, his interest manifested
| IN providing quarters az the befNuoh houss
Secretary seward his procurement Of arms for aiding
the escape Booth and Harold and bis concealmen u
them at surrattye shortly prior TO the assassination OF
the Presidents his fabrication OF false accounts ana CON
Trajectory statements the object OF his movements;
lis expressions used 20 smOot shortly before the assass
nation OF the President InatI the Yankees Knew what
he was doing about do they would stretch his
neck him :" his fixing the wooden bar against the
OF the Presidents box at the theaer his presenee
Tooh and Iaughn at the balDers on that day; his
appearance In front of Fofs Tneatef the night OF the
/
and his calling out the time to Booth and the other men
with them, three times shortly beiero the iatai
shot red by Booth, as the signal for action his o..
legged activity IN the management OF the entire
planned for the fatal evening of the l4th Of April; has
hight from the city the morning OF the 18Th OF April.
possible for him TO leaye his sNht haste
20 get into Canada; his abandonment OF his mother
and family; his coEcea!ment OF himself IN Canada at the
disguise OF his person by the coloring OF his hair the
chan gng of hIs dress and wearing OF spoetaces nis
flight from Canada under an assumed name ana dlssuseo
personal appearances his free and voluntary confessions
| 10 Or Mcmillan on board the steamer Peruylani bis
constant apprehension OF the United states deieoNes
were on the British steamer and British soil his hight
from England to Rome and entering the Papal selEce
! the nianucr OF his escape from Wash
! ngton immediately after the murder; his
failure 10 prove where he ate aud slept during the time
when he LETT Montreal the 18th OF April til he returned
on the 18th OF the same month his hght from Rome 70
Eyptall these matters presented Tor your careful
nnd candid consideration You are to weigh them all
aud then make up your verdict In giving these matters
rom e scene Sf crime the fabrication OF false accounts
aud contradictory statements the cOncealment OF nsru
OF violence are circumstances strongly indicative
" guilt YOu Will further bear in mind that confession or
crime when freely and fairly made, the body Of the crime
bcng proved which is IN this the fact OF murder Is
on the srest proof OF guilt because II Is the testimony of
tho Oniscent speaking through the conscience VI tho
evidence carries with It the highest degree OF moral
iay. There well selected rules OF Law 70 which 10
ny duty to invite your attention From the o6serva
lions which have addressed 70 you you viii infer ktrst'
That conspiracy formed IN time Of war to the the hfe
OF the President and NiCoPresdent OF the Republe, and