Evening star., 1867-06-17


spirators. He was present at the theatre when
the last blow was struck and treason had done
its worst. He then set forth on his flight; and
that flight would be traced, because, in law,
flight was the criminals confession. From
Washington he went 20 Canada, and his ar
rival at Montreal would be shown, the route
he took to that place, and how he remained
there in disguise how he started from Canada
In disguise for voyage across the Atlantic, with
false name, painted face, hair, and beard, and
when in mid he made himself known.
and spoke freely of his connection with Booth,
and with uplittcd hand expressed the wish
that he could return to America and serve
Andrew johnson the same way as President
Lincoln had been served. From England he
fled to Rome and took refuge in the Papal
army; but he was discovered by the companion
of his youth, when he admitted his identity
and confessed his guilt In these words: II have
done the Yankees as much harm as could,
and we have killed Lncoln, the negroes
frIeRd.' These statements were made to the
American Minister, but there was no extra
the Papai Government, but so great was the
crime of the prisoner that the Pope and
Cardinal Antonelli Immediately surrendered
him, but he escaped and fled to Naples, and
from thence to Alexandra, Egypt, where he
was captured and brought home He is here
to-day for trial, and when these facts shall
have been proven, as they certainly will be,
then, we having done our duty in furnishing
that proof, ii the name of the country he dis
graced and betrayed, and in the name of the
law, we demand of you Just retribution for
his great and awful crime.
Mr.. Bradley said he did not concur with the
District Attorney In his closing remark, but
the defense would ask leave to wait until the
prosecution had closed their evidence before
opening their case to the jury and making a
statement of what the defense would prove.
Mr.. Bradley also renewed his request that the
defense should be furnished with list of the
witnesses OF the prosecution. He knew there
was no statute for it, except in cases of trea.
son, but it haa been the practice OF the court
to allow the defense to have list of witnesses
on the back of the indictment. The defense
wanted 10 know what they had to meet, and
what sort of witnesses they would req uire to
be present The defendant should have fair
and just trial, and they demanded it. The
Government ought TO furnish the list.
Mr.. Darlington said he was not aware that
there was any rule of law or practice re-
quiring the counsel for the Government to
furnish list of their witnesses to the~defense.
The Constitution OF the United States req uired
that the Witnesses should confront the accused,
and when those witnesses were brought in
court The defense would know. The indict-
ment charged the prisoner with murder, and
not treason. 1t was true that bis object in
committing this murder was to kill the Presi-
cent, against whom he had malice, and at
the same time destroy the liberties of the people,
Judge PIerrepoint SAID this was murder
trial and the prisoner was an alder and abettor.
he had never heard of the prosecution being
compelled to furnish 8 list of witnesses and
they would not furnish it unless directed to do
SO by the Court. When party was brought up
charged with great crime, there was no rea.
son why he should be furnished with that list.
Effort might be made to get certain witnesses
out OF the way. He did not mean to say the
gentlemen would endeavor to get anv wit
nesses out OF the way, but there were various
ways to dispose of witnesses.
Mr.. Bradley sad he expected the counsel
would object to the motion. But the gentle
WITNESSES out of the way.
Judge ePierrepoint.--There are vsrious ways
OF getting witnesses out of the way
MIR. Bradley there are various wavs
OF getting witnesses out of the way, and there
are various ways to get witnesses here, too
The witnesses should be on TIE back of the
Indictment They lnsInuate that the witnesses
might be got out OF the way. He would like
to know who these witnesses were that might
be disposed OF. There never had been in this
country case where such efforts were being
made by the Government to ccnyict-the his
tory OF Ireland only furnished parallel to it
de was taken by surprise at the opening of
the ASST tant District Attorney: He did not
doubt Ihat the prosecution expected to produce
witnesses who wonld say anything, but when
1t was SAID they were respectable witnesses
he was taken by surprise. 1t was true the
oe1ense could take depositiOzs, but how could
they take dispositions to answer the Govern
ment witnes es unless they knew who those
witnesses were, and what facts they would
testify TO. The defendant should have fair
trial The prosecution could laugh at their
dtsbl, but the oefenLe shoufd know the wit
nesses by whom the prosecution expected to
contradict II. The defense had no means, and
could not take depo7itions Re implored the
courtlo direct that the list be furnished.
Judge Pierrepoint said, by the statute, the
prosecution was compelled to furnish list of
witnesses In q treason case. bat not In q mur-
der trial
Mr.. Bradley.-The Court has the power to
control the practice Of the Court
MT Carrngten denied that the Court had
any discretion in the matter
MI Merrick inquired what rule was to be
adopted as to speeches; he did not want the
gentleman to go on unless he should have an,
opportunity of replying to him.
Judge Fisher SAID it was the purpose of this
court mat the case he tried precisely as any
other case. This community and the countrv
wasgnxioas to knowif the prisoner at the
par was guilty or not guilty. 1t was the in
uon OF the Court that all legal steps be taken
to satisfy the public minds on this subject, but
tney must conform to the law. He desired to
reel and look at every step taken, TO know that
IL was on a firm basis He would therefore
hold this subject unaer adyisement until to-
morrow morning. ...
Mr. Merriek said he would like TO refer the
Court 10 some authorities on the subject
Judge Fisher said il the counsel wo uld come
together they might maze some arrangement
satisfactory TO both parties. s... e.. -, -. {
The testimony on the part of the prosecution
was then commenced. {
SGTye0n General Barnes was the first witne -
called and sworn. Examined by the pro secu-
tion:-Witness testified he was Sg rgeon Gene !
raj OF Gse United States Army;knew Abraham
Lincoln, late President OF the Omitted States
Was called to visit MIN on the night of the 1ith
of April, 1865; found him 6yipg from the effect
OF gun shot wound in the head; stayed with
d
street. opposite Ford's Theater. The ball en- j
tered the skull below the ear, and ranged to-
wards the right eye, and lodged near the eve
1t was the cauGe of death. lie lived until the
morning Of the 18th; ne yer conscious at any
time; was present at the p0e5 sao4.tem examina-
ton; confirmed his opinion that the gun.shot
Eound was the cause of his deata There
were present at Mr.. Petersen's house DR.
Stone, DIR. Lieberm an, DIR. Yaffts, DR. Ford,
some mem bers of the Cabinet some off GERS o.
the army. Gould not identity sae bullet: could
ri dQsp rfnftn ~ IL he
pistol ball at q very short range. ,... 80 Il
The defence said they had no question to ask
the Surgeon General.
Jtlsaes n. Wqsght was the next witness Was
clerk in Bureau Military Justice. Witness
was here shown the pistol of BSet tn and the
ball fC.om the same He testified they we're
placed In his eastody after the conspirocy
trial; were placed in his custody by Judge
Holt, ehief OF the Bureau. 't l,a :
= By-defense. packages were open when
received -'''
.Su7geoR General BarneS, recalled Exam
ined The bali from the pistol and piece of the
sk ull OF President Lincoln, recognized il as
the fragment OF bone taken out of Mr.. Lin d.
coins head, recogaized the ball and piece of
lead from the same taken cut Of the head
The ball at the pistol; it seemed to be maAe of
brttanla, and mol. Of lead; it was harder than
ordinary musket or pistol bullets; put no SRI
vate mark on the bali; Dr. Woodward made
the most morters examination in presence Of
witness and DIR. Stone - .saft 500 1