Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-07

against hir1 y ho makes II, yet ff made freely
and voluntarily is one of the surest proofs Of
guilt
As to the credIbfity OF the witnesses yoa are
10 be the EXCLUSIVES judges. You see them face
TO face. You know whether they are con.
nImed or unsupported, or contradictsd bv
other witnesses Of credit aud other circum.
stances. You are to Judge whether their ties.
tlmony has been fmpeached. aud are to con.
sider every matter which will tend TO shed
any light upon the question as to what has
witness.
You will di gently collate and compare, and
carefully weigh and consider all the testimony
In the cause on both sides.
lou will not disregard or reject the teSti.
mony OF any witness unless you shall be salts
Ned that he has been shown to be unworthy
OF your CT edence by reason of his want of
character for truth, his contradct,ng himself.
or being fatty c. ntradictad BY OF hers of better
crsolt- or oy dishonesty Of purpose manifested
by bis conduct and manner in testifylng before
you.
In conclusion, you will take the case with
the honest purpose to do Justice to the United
State s and the defend ant; bearing in mind that
it is the office OF the law to secure the punish.
innocent.
II John h. surra,t in the honest aud intel
hgent conviction OF your judgment and con.
sciences is not gnilty, so pronounce by your
verdict, thus giving lesson Of assurance thai
court Of justice is the asylum Of innocence.
On the contrary, ii guilty, pronounce him
guilty, and thus by your verdict furnish a
guarantee OF protection to the intended victims
OF guilt. and a testimonial to the country and
to the W orld that the District OF Columbia, set
apart by the Constitution of the United States,
as the theatre for the exercise Of federal power,
gives the judicial guarantees essential to the
protection OF the persons of the pnblic ser
wants commissioned by the people of the
nation to do their work safe and sacred from
the presence OF UNPUBLISHED assassins within
its borders.
Mr. Bradley said that he understood IL was
neeef96ry nj IN ro.
duce their exceptions to writing and have
them signed by the Court before the jury re-
tired, but that 1t could be done afterwards.
Judge Fisher replied in the Affirmative
Mr.. Darlington then handed the Indictment
to Mr.: Todd. the foreman of the jury.
Mr Todd asked it the jury could have copy
OF the record con tanning the te1tmony.
Judge Fisher replied that it was not custo-
mary to allow the jury to have the written
evidence.
Mr. Bradley said so far as the defense were
concerned they were perfectly willing to allow
the jury 10 have a copy OF the record.
Mr.. Darlington said he must adhere to the
establis shed rule OF practice, and he therefore
deemed 1t TO be his duy to object to the Jury
having copy cf the record.
Judge Fisher said we must act the same in
this as in other cases, and directed the case be
given to the jury.
Mr.. Middleton, the clerk then administered
the following oath TO the baiifis, Messrs. VIM.
l.. Ross and Robert b. Hughes, lyon shat,
take this jury t. some convenient room, and
suffer any person TO speak to them, neither
shall you speak to them yourselves unless it be
TO ask them If they have agreed npor a yeract,
without the permission of the Court
The bailiffs took charge OF the jury, aud they
retired 10 their room at IS minutes before u
O'Clock.
The crowd in the court room waited for some
time patiently after the jury left, see ming To
expect that they would speedily return with
4 verdict; but after an hours suspense. the
gathering got some what discouraged on its
being whispered about the court room that one
OF the jury men had sent out for a pillow ard
some provisions. This indica ed that the Jury
were not likely to agree soon. and ex pected 10
make a n eht OF it: and some OF the spectators
began to leave the room. The prisoner looked
Il Little pale and ANXIOUS, but put OF a smiling
conference.
The trial commenced on the 1Uh OF June
ard con guently has lasted over eight weeks
Up 10 tour p. m the jury had not returned u
verdict
eth street Park admits OF no cessation. Last
n eht there was vast crowd assem- bl ad, and
ny the returns the pecuDtary proceeds were
more satisfactory than those of the previous
day.
To-day the festival, at the hour OF our going
to press. had not attained the magnitute in the
number OF visitors as that Of other days. yet