The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-08
TRIAL OF JOHN 4. SIIRRAYP.
Charge to the Jury by Judge
Fisher. -
How an Attempted Alibi is
Regarded.
GROUNDS FOR lCQuHTAL Or CONVICTION.

1be trial Of John H. surra Was resumed this morning in
NE Criminal Court before Judge Fisher. Tho court was
opened at twenty minutes after ten O'Clock
Mr. Merck said that the counsel the prosecution yes
day introduced record with regard Sergeant Dye and
d the defence had known Of the record they would not
have been cruel in referring to Dye as they did
Judge Fisher, inteTuptns ~ Merrek asked the record
Was In evidence.
~ Merrck said Il had been alluded by Mr. Perreport
Judge Fisher said The defence could do this morn
~ corrections Of msstatements OF testimony
Mr. Merrck said he then wanted 10 make an explanation,
which bc had not known Of tho record when he
sroke Sergeant Dye being indicted Upon examination Of
ihe record found that the bad been Withdrawn
shaadoned after ths had commenced II was shown.
e; the the saTs upon the
,s X Dye Certain alleged % Of testimony
Ss ,f he was nped he 70 upon
AR Merret then asked z he could correct some state
Nj PierIepOni SAID ina! testimony was ali read.
yssse Fisher counsel had RICH, 10
Mr. Msrrek said be wanted q make personal ezplana
% The subject q military commissions He SIr MerrcKi
that tho military commission had been declared
Sarrns.on intsrruptins Mr. Merrlck said that thu
vas opening ny the whole question and he insisted that
Judge Fisher thought that these explanations could be
Mr.. Merfick then made statement with regard to the
u
ncy his argument referred To that record
s
Of the secuton to introduce the record when
% w '9SS be pG az
after %anns sS%s r.. upSn the soje he stated that
By the ocers commission was attached 10 the
: had a. Ss and that Hs
recommendation written and ihereupon he threw a roll
e Se my sfn the original
r. here s Mr. Ms5eI and
sSqnescs Of The gentleman had already been mainly es
sie Be-
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4 dS susS coming Ss!ors st ms
4 the rs :s e aS
s ss s:sssd sasss ss nSs in ny hand
ss sssra os july s... sS 1es TO q: s snHs
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are
sh. il said now is us what S0 puS
which The ogden.ours road he desired state
judge n.ssr Jury would remember the evidence
some further corrections Judge Fisher delivered
sAe following charge 70 the jury.
y s e Ss
Shss &
%ss ss
o. and although they have made but few thorough
RI
sss ~ ssss
ss' .es i'. $ % a0 sS' I
sn. &c tho
bar proper .usjes. Of s.ssutiSs csmsn 9,y
.3sS e .ssd. charged Ssfsss yos s.. simply
sd tesan The Of pe.cs about s.ddel
Pc rebel: Who oi0wsd the traitor Lee retreat
sns
, wa. n % Yes ss
sowgIs Of he stronghold Of most ycssd and strocloas
end daseng he Of victory and when the eye, Of
g h a
malice fer even an enemy but socundes In love
Issr should saoga hss: passed ne bands 4:
fna a ana Ssls r Ss
ssed should be again united n harmonious rsl.iions on
,Ss Chief q and navy: y
wicked
ss.ssin John Booth ise metropolis % the
~ af SsI s9ts
y
s 1 q han m; Ike
q &. p. a: u ss la.s $ s:
and may have SS royal ssoS roSsn S
= take or 70 compass the NE y him who was
8. 'nsss. ::sa I%ss'' g:ss s +: S -.
ss;ss t.: sss q s:;
ss dcsa isn s ts
sdyen'urs rather than have the MAKING Of , .ssr
NV. ' :ss s Of us ss' being ss
hssS Of her re. pssS. IN .sy seSa
=. ever ssssS:r s more ssisos: IN s1e
" e. his as . s:;n sar 70 ne %
:
ns q q. have bean told !. As srsamsn modern S.,
sI:s
Min = :. .ss iSs % Try {:
rs: :. s::Ss Sssis !, 4: Sss', ):
s sf ,ssy ' sSss sSs n: q him Who
n. = wnS 70 admit ,sss iai Presdsn
ssa S s' s e sss ss En: shat ss
merely desire death g PRINCE ~; e, SS.
son.pirs:crs who TOOK the life Of the President
Abraham Lincoln, on the 18th day OF April. 1905
h who cred the f.t. sso.in his nsht from the scene q
AimIrity and died at the hands Of his pursuers
ONE charged . coeonsprstors In this enormou
crine we're tried two years ago BY military com
miss.cn some Of them were condemned 70 eIpia,,
sheir rult upon the sallows and others doomed tc
suffer IMPRISONMENT for life on the Dry Iortugss fot
have been todd sentemer N me .rsmens o, rr s
huug upon It's 1ndngs were themselves tue victims q
base and a conspiracy 10 murder Brave gal
Ian. honest soldiers OF Their country have been he
up before you inhuman butchers OF innocent men
has been Nsid support OF this denuncfaton that IN
Court Of United States have In the case
Nlgan. declared the military court which tried haroil
and Others for the murder Of Abraham Lincoln was a.
illegal tribunal organized without law, without rsn AM
without warrant IN The cons,ituuen mere eonvooa.on
military having right 10 try the cause commed
item BY President Johnson and 10 has been said that
wss convoked not 70 Try but 10 condemn. In my humo
iudgment the supreme Couu has made such decison
So why have not the prisoners now confined upon thc
Dry fortugas foS complcityin the greatest crime o
the ace been re.a.A frO@ Ssr eODahsmsntt They ssy
friends euosh 70 have applied such deci
sion direction OF thelr discharge and they would no
have remained there week after ts decision had beef
.de 10 the they unlswfuly
their fberty IL understand the decision in Mihgani