Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-31
LOCAL NEWS.
THE TRIAL Of JOHN n. SURRATT.

MT Merrtck com menced MS argument to the
jury, for the defence. He said the feelings
with which he argued this case were be vond
his powers Of description. 1t was one OF un-
exampled character, and the manner of prose.
cution was unprecedented in the history of the
country. IT was q case OF greater maRnitud de
than any he had ever know n, and its surround
ings were painful in the extreme. Under your
oaths you have the prisoner At the bar i'm
charge. The Government, belle wing this Voonr
man 10 be guilty OF the crime charged in the
indictment, has caused him to be arraixued
before you; l lind arrayed against my client
the best talent at the bar, and large number
OF counsel In court and out OF court; and find
high officers OF the Government leaving their
duties and devoting themselves to manipula-
numbers of detectives all over the coun-
~ working up the testimony in this
Zoe, and millions OF dollars approprI-
iii 3 ano all for what. To consign to the
81 opt this poor, penniless young man. We
s re heard much about conspiracies, bu,
fhfiemen there are other conspiracies TO COM
that there are oil these appliances aud all
lis vast machinery in this case! Why ali
wonderful array OF counsel here and
The teis~The course OF this prosecution
"a above, and Ia me that air IN, thew 90
nomlIIany rrpTeeeht She interests OF society
there are two sets: one represents the Govern
ment OF the niIed States In its assumed Of
Tended majesty, and the other represents GER
tain officers OF the Government seeking to JUS
tify themselves. What has been the ease in
ms trial wherever any technical rule OF law
could be invoked! 1t has been to exclude tss-
iimony to throw that light on the subject
which you should have. One hundred and
fifty odd exceptions taken by the defendants
counsel cucumber this record; it can onIy be
accounted Tor by the fact that the ATTORNEYS of
The nted States have strained every point
and invoked every discretion of the Court
against my client. INSTEAD OF representing the
U nited States properly, evary sen tffneut cslcu-
lated to excite your prejudice has been urged
upon you, suca Is have never heard of or
seen before. Why has the District Attorney told
fniO
has he told you OF the hanging of the telegraph
operator. and dwell upon them 50 long
why mas ne looked at the prisoner at bar an
told MIN. you are d wing man, traitor. and a
coward 1t was to stir up In your hearts all
the passions and animssities which we have
seen during our iaie war. Shame on the
lnitsd States. blush 20 see nv country thus
degraded In this way asking twelve honest
jurors such questions Peace had come but
all Its consequences has not and never will
come, II the Government of the United States
Will stand before jury to lay open aud bring
about again all the evils of war Our civil
war Is over: let their be no triumphs. let the
North extend the hand of friendship to the
South, lake back the estranged brothers to
your arms, and have peace in our land NV
learned brother IL mistaken in talking OF a
God OF vengeance. GOD Is q God of love AND
OF kindness. God of mercy, and we must by
conforming TO his great law in q spirit OF
christian charity Continue tor the future the
blessings he temporarily suspended in the past.
snail seek 10 excite no prejndices, call
upon you to discard them and stand tree
honest and upright men: Judge other men IA
you would De judged What is Jonn H.
Surratt charged Y it'll! In the wide depression
presume you have almost entirely lost signt
OF the cause. Asking your kind indugence I
promise L will be as brief as possible, and
uespaSs upon your patience but short time.
Mr. Merrick then Read the counts In the IN
dictment, and said: l want you. gentlemen 10
bear IN mind one feature in this indictment
The second count charges that Booth, Surratt,
Herold. Mary f.. Surratt, PAYNE, and other
persons TO the Jurors unknown, did feIonious.
iy make an assault upon Abraham Lincoln
You have to find II what is said in that paper
is true. That paper says these parties s.then
and there being" here this city Of Washing.
ton, did felonIousiy make an assault, kill aud
murder. The next count charges them with
conspiracy to Kill and murder. The charge in
the third and fourth counts is that these par
lies did Kali and murder Abraham Lincoln
ana what are you trying! Are you not trying
Jcnn Ii Surratt for the murder OF Abraham
Lincoln, Is there any thing else in the in dict.
nenr. But your verdict Is to be guilty or
apparently want TO try him for carrying dis.
patches Tor the rebel government, or any
thing except what is charged in the lndict-
ment. am not surprised that they sought 10
do this W hen they found their original case
had failed them. Why have they adopte
these principles! When did they determine to
enforce them. When Mr.. Wilson opened b is
case TO the jury he looked upon thus midi ct
ment as a simple Indictment for murder
Did we hear any principles of law an
nouneed! No. II was a simple narrative.
They attempted to show that he was in front
of the theater. and went through the whole
very smoothly. What followed We needed
but an opportunity to strike their witnesses
and we struck at their feet a mountain of cor
ruption such as never was heard OF in apy
court OF Justice. This ssiron ehain," as the
gentleman is pleased to call 1t, to bind the
prisoner at the bar to the body Of the crime,
under the light OF the truth, has been melted
The case must be carried for them. Innocent
bleed m ust be shed 10 wash out innocent blood
nv no first n
up these new doctrines Of law. Then the ease
has changed. 1t has changed not only ouc,
bnt il has changed twice. The testimony that
Surratt was In Elmira became so strong that
they could not meet in front; therefore
they must flank II; and they put him in
Elinira on the 18th; put him on the night
traln and nave him here on the morning of the
18th, IL time for Wood to shave him. They
forgot there was a freshet on the road Gen.
uemen. you should have talked to your rail.
road conductors and masters OF transporta.
ton. You have not only proved John Sur
ratrs innocence, but you have proved his
presence here an impossiblity. What do they
Len do why we Will go 10 his Honor and Tell
MIN II Surratt was In Eimira he was construc-
lively present, and he dare not decide different.
~. he voice of the people will condemn It.
Ii IS an insult to your honor and TO the country
NE gentleman PROCESSES to represent Popular
voice stops at that door and never enters this
Court room. Look at the bulwark OF Amer.
can liberty. See it there; twelve men. See
that, jury. Scour New York and get me
Twelve such men, dare them il you dare; they
dare do right Your Honor will dare to do
fight, lot because the popular voice will con.
denim, bat because you have In voked the living
Toa 10 the justice OF your action and you
stand here responsible TO him. The Jury are
also CHI rged with the law. You are to advise
anc instruct them, bat they must know and
they must believe. Other cases have been tried
before this, but / never heard my learned
ofotner endeavor so to impress upon this Jury
that they IA ust follow the instructions. Does he
think your Honor dare not do right, Where
is the cath! Mr.. Clerk read me the oath, (Ths
jurors oath was hear read by Mr. Middleton,
the Clerk
Mr. Merrick continued You are sworn TO
mo true verdict according to tue evidence.
II your verdict shoaId be guilty, IL will be fol-
leWed oy blood, for you see there is no mercy
on Inc part OF those who represent tina Govern
nent Nhen the last day comes and YOU stand
before the tribunal OF God Will il be an excuse
!or your verdict OF guilty for you TO say udge
FISHER instructed us to find q verdict of guilty
We shall ask no instru ct,ons, and desire none
Mr. M. here read from Sd Johnston q cases.
page 3e5, and argued that the Jury were not
only TO Judge OF the fact but the crime AS the
Jury assist the judge in determining matters OF
Iact. Inc Judge assists the jury in determining
matters OF law. 1t Is the consciene Of the Jury
winch pronounce the prisoner guilty, not the
Jooge You must 60 forth from this room,
gentlemen, with your conseiences al ease, and
tae words ringing IN your ears, swell done,
soou and faithful servants" Mr.. NJ. here
Saied attention 10 the propositions OF la v sub.
united by the other side, and satd Mr.. Gar
fing'on does no, go so far rs his learned asso.
ciate. He is wiser A
As 10 the third prayer offered by the gentle
Htl. The law and ho pro