Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-23
The Surratt Case

lnIEkhSIihe PRoCEEDInGe IN COURT-THK
DAY SET FOR TRIAL.
This afternoon, while the Criminal u,rr,
was in session, Messrs Bradley, ST, and r
I. Merrick appeared in curt for the purnosa
Of having day set for the trial OF their client.
John II. SuTratt, indicted for the murder Of
Abraham Lincoln, late President, &c and
filed the following motion:
To tn Honorable the Judgs of Hs Criminal
Court IF the District of Colombia: John n Snr
ratt, by his counsel, respectfully showetb.
That in the month of October last he was ar
rested in Egypt and placed on board an armed
vessel OF the United States, and from thStt,ma
forth was kept IN close confinement heaviIv
irOned; allowed only for brief time occa
siopally to breathe the fresh air; wholly ex-
cluded from all intercourse with any I'M
man being bat those who were emploved
70 administer 10 his absolute needs, without
change of external raiment obliged 10 wear
the very dress in which he was arrested and
thus kept In prison until the mon tn of Febru
airy, when be was transferred TO the iafI in tba
city of W ashington, in which Jail he has been
ever since and still is confined.
He has no complaint to make of the severitv
of his confinement on board ship, where be
was treated with as much Ienity as the ofiesr
IN command deemed consistent with his dnrv
and where he was not subjected to any ipdiS
nifty or personal injury. And since his trans
fer to his present prison he has been allowed
such indulgence as could properly be deemed
permissible towards one charged with an or
fence so beinous in its character as that alleged
against him.
Shortly aIleI MS Imprisonment the iaiI
he was al his own demand. at the Decemhar
term of this court, brought into court snd
then arTaigned On the indictment which haJ
been found against him before he reached ths
United States.
Iti obvious TO this honorable court that the
Offense with which he stands charged consti
tutIng as 1T does part of the history OF this
country, has undergone the most SEARCHING
investigation that the power of this Goyarn
ment, quickened by the unusual feeling ~
Indignation and horror OF lis people could
hat oil
stances OF that momentous event i'm ali thatr
manifestations, and as to all the persons con
nected Herewith, were with the utmost dill
gence simulated by the strongest of hnman
mOtiyes-ambItlOn, hate and love OF money
sought out recently after the occurrence ana
placed In the possession of the Goyernment.
that the prisoner himself has been tracked
from country 10 country, from nation To ma
ton, through three continents to secnrs r.
arrest. and the Executive Departments OF the
Government has brought from the PapaI do
minIons and from ERgland all the Witnesses
beyond the jurisdiction Of the United Ststss
whose testimony would be needed by tbs nros
eeution at the trial, and placed them under tha
control OF the District Attorney In this con
nection we again refer your Honor 10 the Va
port OF the Judiciary Committee ad yerred 70
IN the argument of this motion some DAYS
since and which contains the full corresnon
denCe Of the Secretary Of State win forai
governments on this subject.
1t thus appears, and the fact is placed be-
yond doubt by official records, that the prose
ution has had the fullest notice and tha
amplest means TO prepare for the trial OF this
cause al this second term OF the Court after the
prisoners arrangement, and can have no
reasonable ground upon which 10 ask it's fur-
tner postponement. lmmed lately after mis- Ar.
raignment the prisoner began 10 prepare for
his defense, and from time 20 time mis- connsai
have notified the District Attorney and his
assistant of the progress Of that prepara,ion
and that the uncertainty OF being able TO get
here one particular witness alone prevented
their fixing day for the trial.
More than two weeks ago they informed
them that they had discovered where that
witness was, and that they would be ready
for Trial in two weeks time. Nearly week
ago they moved in this honorable court m
have a day set down for the trial of the cans.
and II was resisted, and a motion thereupon
made by the prosecuting attorney tnat IN.
cause be continued.
The means Of the prisoner have been utterly
exhausted in seeking he evidence 10 establish
beyond all doubt his perfect innocence OF the
charges preferred against him: 10 show 70 an
the world that ne Is free from any stain ~
guilt or completely in or coRnfvance ar. or
even a suspicion of the terrible tragedy with
which the prosecution seeks 70 convict MIN
He is nor ready. He challenges the enquiry.
and in the name OF justice, humanity, and the
due administrator Of Justice TO all, whatever
their condition in life, by the law or the land
and under the bill OF rights, the charter of our
liberties, be demands a speedy trial. triaL of
this term 81 The eeari, and that he shall not, If
innocent. be held longer In close Confinement
rejected and abhorred by men as thouon
guilty. and day by day deprived of the means
by which he Will yindIcate his name ana
establish his right 10 walk abroad as a free
man.
The counsel for the prisoner, therefore, comes
into court and Prays your honor 70 overruIe
further continuance of the cause and asLs
that you will designate some day at the preset
term OF the court for the trial thereof
JOS ID. BRADLEY,
X. T. MERRICK
Jes. II. BRADLEY, Jr
Counsel for John H. Surratt
MI harrington spoke Of the kind treatment
SurTat had received, and said IL was not
necessary TO submit 70 the motion of counseI
as requested. Al the proper time he should
be able TO proceed with the case, and was
willing that he should have a speedy trial:
which would he soon as the interests or
accused and the Government could be preper.
iy consulted. He expected a the trial To be
able 10 satisfy the jury, the court, and all the
world that Surratt was guilty as indicted
Judge Fisher did not think that the prisoner
mad cause 10 complain, and there was no rea-
son why he should be very impatient for
prisoners were frequently SIX months in isIl
before trial. but still he desired TO have the
trial this term. and signifed that il would be
agreeable 70 proceed 70 the trial on or about
Mr.. Bradley, sr.. said We will be ready.
then, on the 10Th of May; and IL the District
Attorney l. not ready on that day, we will
continue to postpone the case until the 27tn OF
May.
The District Attorney aid not feel disposed
10 aequiesce IN the proposition, and still said
II g.
Mr.. Merrtek--Since the motion for the con-
nnuance OF the case has been overruled, 1
nope The District Attorney Will state some
day when he will be ready 70 try the case
District Attorney cannot answer the
gentleman Al present 1 shall first have TO
consult with my assistant, and In the mean
tlne Will conclude as ~ the time for proceed
ing win the case The particular day can
not now hx, but they shall hear from me in
Que time L think IL unreasonable in the
midst or the regular court business 70 asL
me TO TX upon the exact time when shall be
ready. oo
Mr.. Merrick--l think IL is scarcely rieb, for
him 10 decline TO say when he will be ready
MIR. CarrIn gton.-l do not feel under anvoh
legation 10 tell him when 1 shalt be ready
Mr.. MerrIck.-May IL please the Court I do
not see then that there is anything left ror NJ.
but 20 announce in open Court, n il shall ne
agreeable to your honor, that we shall be ready
20 proceed with the trial of John II. Surratt on
the 20th day OF May next.
The counsel withdrew and the usual busi-
ness OF the Court was resumed.
ELECTION or NEsTRY OF TRINITY CHURCH
The congregation or Trinity Church met yes
teTday afternoon al the church, and Mr. r.
s. Davis was called 10 the chair nd Mr. John
Franklin acted as secretary. DIR. John +
Nav, DIR. H. Alvorn, Theo. o. Ebaugh, and
l. ID. Simpson were e-elected vestry men 1or
the ensuing wear.