Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-26
We no nesitancy In belle wing him ON


Cross -examined BY Mr. Pierrepoiut-wit-
ness had never been indicted or arrested for
Sm
practiced more or less ali the time he was
there. He kept grocery AID saloon. Wit
ness was never IN partnership with him DR..
be went to some place in the northern part of
Pennsylvania, where he formerly practiced,
and from there to New York. Had been called
to consult With him in the family Of Mr. VIM.
case Of diptheria. Consulted with him In q
case Of John Clutches. Dr. Bissell and Clutches
came to the house of witness together. Thought
Question can You tell MS Of party
living after you and DR.. Bisseli held consul
tation9
Answer-Yes, sir.
Mr.. Pierrepoint, laughing. y Well, now,
tell us OF party living after your consulta-
ton.
Mr.. Bradley-You must not insult the wit
ness, sir, and will not allow 1t.
Mr.. Pierrepoint Il asked the witness q
proper question
Mr.. Bradley, ito the Court lit Is not the
question L object to, bat the manner in which
1t is put.
Mr.. Pierrepoint.-The question is proper,
and he mnst answer it. ,
Mr.. Bradley.-A witness shall not be in
suited while under my protection who IL Of a.
GOOD character as the counsel and moves in as
good society.
Mr.. Pierrepoint.-Who does the gentleman
Mr.. Bradley, advancing towards Mr. Pier
repoint IL mean you, sir. mean the wit
ness is OF as good character as you, and moves
in as gooo society as you do. #
Judge Fisher requested the gentlemen to
preserve order and proceed with the examina.
ton.
Mr.. Bradley:-Yes, sir; but my witness must
Judge Fisher said he though t the question to
the witness proper one.
Mr.. Brsdley-Yes, sir; but did you notlce
the manner In which it was put? =
Judge Fisher.-Well, don't get excited
Mr.. Bradley.-I do not want to get excited,
sir. There is another place where L can settle
theee things
Witness resumed.-witness could not saw
the character OF DIR. Blssel was bad; his char
acter was just as good as that OF the men who
came to testify against him; witness knew
them they were respectable people.
Mr. Bradley said he expected nine witnesses
fr ON Waveyly, and seven from New York,
they could not be here until tomorrow morn.
ing.
Judge Fisher said that then the Court was at
NJ, Bradley suggested that the time might he
probably occupied by arguing on the motions
10 strike out certain portions of the testimoney
heretofore submitted.
Judge Fisher.-Then there is NO further evil.
dence TO offer except as to character.
Mr., Bradley re capitulated the points of evil
dence which they moved to strike ou.:-1st.
the evidence as to the attack on Secretary
Seward; I'd, that relating to Jacob Thompson:
I'd, that relating to the shooting Of Union SOL
ders. mentioned by DR.. Mcmillan; ath, tina.
given yesterday in relation to the telegraph:
5'h, that in relation to the running of trains on
April 18th; 9th. that relating 10 the DuelI letter
found in North Carolina; 18th, that in relation
TO Ats rodt and the Kirk wood House.
By the agreement OF counsel and with the
consent OF the Court the jury returned to the
hotel.
Mr.. Bradley said that this was an Indictment
for II urder and not conspiracy. and, therefore,
the evidence should tend TO show that the par
ties did commit the murder, or that the parties
were giving aid from a convenient distance to
the perpetrators. He claimed that it had not
been shown that Surratt had been connected
with the person who assaulted Secretary Sew
ard; that he had not been connected with Jacob
Thompson, or with Atzerodt at the Kirkwood
House, where no overt act had been commit
ted. Ii there was any thing to connect him
with these parties, after diligent search, thew
ha Jailed to ind It,
Judge Pierrepoint said that he understood
the counsel for the defense to regard the in
dcimeht as one for murder. 1t was widely
different from the killing OF man IN an ordi-
nary street broil. What is it we have been
!ry1ng! What is he charged with! COM
bination was formed to overthrow the Govern
ment Of the United States: to spread anarchy
To carry cut the conspiracy, combinations
were made, spreading to Richmond, New
YORK., and Canada, and to accomplish this it
became necessary to take the life OF the Presi.
dent OF the United States. If one OF the Jury
was in a house, and the thief supposed him to
be away, and yet when the thief goes into
In this imotion it is nrst proposed to strike
out that portion in relation to the assault on
Secretary Seward, and they say that he did
not have anything to do with this assault; but
strike out the confession made to DR.. McMn-
Ian in relation to Union prisoners. A confess
sion cannot be given in part, it must be given
in whole. Suppose that the accused had aided
the Union soldiers, the defendants would in
sist on its going in, and the prosecution could
not keep II out. They were entitled to the whole
and the facts as to the feelings OF the parties
engaged in such a crime are admissible Here
was man living under the shadow of the
Capitol, under the protection OF the Govern
ment. and yet he goes OFF and conspires to
overthrow the Government He next spoke
Of Jacob Thompson, and said the prosecution
had shown his relations to the Government,
and that the prisoner bod taken money there
and bad offered other evidence tend,n to show
The animus and the feeling OF the prisoner.
They propose TO strike out that portion
communication with Elmira In April
DR.. Bisssll swore that he saw Surratt at Ell
mira on the 14th, and it was important to sh ,w
that there was easy and rapid comm unicafon
between that place and this city. Thew had
offered and had shown that communicat ton
was between the places, and one Of the con
spirators might have done his part tuere He
may have been there TO fire the city TO raise
confusion, and If such was the case such
conspiIator was equally guilty with the
one who fired the pistol which blew ont
the brains Of Abraham Lincoln As to At
zerodt he had passed TO his long account.
and he had been proved to have been in
the conspiracy, and it needed no debate.
As to the Duell letter they have failed TO
prove the Handwriting, and with frankness
he would say 1t should be stricken out AS
to the transportation, 1t was proper 10 show
what trains left Baltimore on the 18th, and
they had shown that it did run, and was u
hours behind time He might have gone on
THAI train and be could have taken the boat
to Whitehall, when the prisoner and LYONS
slept on the settee In the depot. Although
they have not shown that the prisoner went
on TINS train, they could show there was q
train, and he could have gone on IT,
MIR. Darlington followed saying that under
De gwen In evidence to show the malice of
the prisoner. Suppose that a man is going to
m urder A and on the trial It Is shown that he
drew q pistol and shot y would it not be prom.
er to prove that to show malice which 10 oniy
another word for devilishness. II after NOV.
mi, M towards the n,.I preparation o. crime
!. adm issable. They charge and main.
tain this to have been conspiracy to kiln
and murder, and they did kill and m urder and
that the prisoner was connected with that con-
splracy, and that his acts while in that con.
spiracy tending to show malice could be
proved The theory OF the prosecution is that
the conspiracy was great, artificial person.
and 1t assumed it's individuality In the eve OF
the law. Having proved the existence OF the
conspiracy, and the connection of the prisoner
with 1t, we show him In front OF Ford's The.
alter, calling the lime, We see Booth 20
in and fire the fatal shot; the whistle sonnds
and at that signal Lewis Payne, the cocoon.
spirator. enters the house OF the Secretary of
State and stabs his almost lifeless BODY How