The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-18


act OF Congress they are permitted 10 take dispositions
Of witnesses IN Grim nal cases. and they can send 70 any
part OF the United States take them. On the other
hand the United states cannot examine any witnesses
they personally IN attendance IL was admitted
by the defence that this not technically charge Oh
murder OF an American citizen The prosecution ex-
peeed to show that was case OF murder, aggravated
ny circumstances Of great atociy and that me ooec.
was not only 70 take tho NE Of tue President uuS W
overthrow the government.
Mr. Perrepont said-ws shall not give The names OF
the witnesses unless by the peremptory order Of the
Court There were many reasons Why should not
consent to 1t among others there might be an euoH
gel the witnesses out OF me way wnen
then application be made for further time LOT
witnesses or delay, II would be addressed 70 tne as
erection OF the Court which could then judge wnetner
would be just nght but to compel US To disclose the
names Of witnesses would be unprecedented ana
quite out Of the way In murder trial. and We oo)ec' 70
MIR. Bradley--I expected the counsel for the United
States would object 70 H. therefore address
might be got OF the way II there any SUCH wit
nesses We ought 70 know VINO they arc sts4s;t,
Mr.. Pierrepont--There are various Witnessed
MT Brad'ey-rhere various ways 10 get witnesses
here with which the gentleman is familiar 1t is i'm
portant should what witnesses of that class
Mr.. Pierrepont-You will learn as they appear
Ar BradeyWe fear that We will not learn until II is
too late but the suggestion that the witnesses may get
out OF the way ought " have no effect We know who
are the witnesses the back OF The Indictment
God forbid that any of them shall get out Of the way
we want them here No such case as this has 50 ex-
cited the public mind In country excepting Ireland
Where such efforts have been made convict where
told there respec table aud cIeditable wit
nesses, am taken by surprise, and think it Is our
right and II in the discretion Of the Court give
further time and list Of the witnesses. l know u
would be easy 10 keep back important witnesses the
heel Of the case when IL would be late convict
them. How can We get at the facts unless We know
who the witnesses areg Let us know Give us . fair
trial You may laugh at our abb; but let us know by
whom proofs are 10 be broken down IT, then, your
Honor has the power we impore you that the prisoner
may know beforehand by whom IL Is sought 10 convict
him.
Mr. Pierrepont-I is not clear that counsel has stated
that Honor has not such power In cases OF murder
Mr. Bradey-I stated that 1t was within the spirit and
meaning Of the law that the Court should control the
practice in this case.
Mr. Carrngton-I deny that your Honor has such dis
creton
Mr. Merrick-I ask by what rule we are to be gov
erned the discussion OF this question: the time TO be
consumed and the number OF speeches made.
was 70 ~ rea nracssv ~ other as rne
this community, the country and the whole world
anxious and DESTROYS to know whether the prisoner
guilty innocent Of the crime charged against him. II
is the intention OF the Court, If his health shall be
spared, go through with the trial with all the legal
steps TO satisfy the public mind the subject or course
shall be governed by tho strict rule OF the law,
Is the purpose Of the Court that nothing shall be done in
foot is put lie down it shall be in firm place. shall
hold the subject over for Amusement until tomorrow;
days delay will make no difference.
The counsel expressed themselves satisfied
The court said IL may be that counsel, when they
come together make some arrangements salts ac-
Surgeon General Barnes was the first witness exam.
ined by the United States-He was acquainted with the
late President Lincon was called upon 10 attend him
professionally the night of the 14th Of April 1885, at
the house Of Mr. Peterson Tenth street. and remained
with him until he died. He examined the OF
the President lived until twenty minutes past seven
O'Clock on the morning Of the 18th Of April He
hour Of his death; he did speak At ALL There were
present Doctors Stone, Ford, Lieberman and Others
with some OF tho members Of the Cabinet The death
resulted from what called gunshot wound.
the Bureau Of Military Justice
The counsel for the United States handed him q
PACKAGE which he requested TO examine and which
in bis official capacity had been placed in his possession
age, he said ..This is the ball."
Mr.. Canington-Let me see IT. The witness handed
1t 70 him and said Here Is the pistol"
Surgeon General Barnes recalled-He recognized
fragment OF bone taken from the head Of President
Lincoln in presence OF ORA Woodward and Stone and
closely that taken from the head n deceased
hind the obt Of the right eye embedded in the SUBJ
rHs be- cut on the o.
colored.
William 7. Kent sworn-was At Ford's theatre on the
night Of the ASSASSINATION and testified the shooting
OF President Lincon he after Mr. Lincoln removed
from the theatre picked up the pistol in the box which
he should do with IL, said Hand II 70 Mr. Gobrght,
the agent Of the associated press who was vouched for
Lieutenant Colonel Henry r Rathbun, OF Albany,
sworn-was we'll acquainted with President Lincoln and
the theatre on the night Of The 18th APRIL isss"he es
private box-when they entered the box the actors stop
ped playing and the band struck up Hail to the Chief
and the President received with three cheers
In the second scene Of the third act, while
the witness was intently looking az the STAGE
he heard the report Of pistol looking round he saw in
the dimness Of the smoke the form OF between
the and me he nSsa the shrek
sprung toward him and seized him; the wrested
himself from bis grasp and made thrust At him with
but received deep wound between the and shout
der the then sprung toward the front Of the box
his clothes he got the box; witness thought he
tore the mans clothes witness cried out sStcp that
man " no then looked toward the President, who had
changed his position excepting his head bowed
forward and his eyes closed he toward the
for the purpose Of procuring medical aid but he
found the door barred with heavy piece Of plank the
people outside beating against the door, with some
difficulty he removed the bar, and those outside
came In when be returned to the box he foand that
not then found: the body with some assistance,
removed from the theatre; the witness accompanied
Mr. Lincoln had been removed On the further exami-
nation he said he did not get good lock at the
BY Mr. Perrepont-Did not closely examine the plank
to how IL fixed between the door and the wall
he nd not know how IL was fastened.
The Court asked gentlemen on both sides whether It
would be agreeable the first few days OF the trial 10
take after proceeding two hours; then
tnue the for two two hours and a half
He made this suggestion with TO the health Of
all concerned from present indications will have
heated term. II they too closely confined
The Judge, counsel or the jury might be taken
sick. Therefore would DO better to take all the advan
tages they could get
Both sides consented 10 the proposed arrangement
and a recess then taken for half an hour.
After the recess Colonel Joseph B. Stewart was
swornHe testified that he nj Ford's theatre the
night OF April a. 1865 with three ladies' and the party
occupied four seats directly In front Of the orchestra
the right band OF the aisle OF what are known the
orchestra seats and just in position 10 every
thing the stage and at angle could the
pants OF the Presidential box at time whom there was
pause In the play witness heard the report Of pistol
at the same moment no saw man coming over the
and saw curl OF smoke, and he cleared
the bausrade the exclaimed Sic scnper fsrannis
the from the stage, with his back 10 the audi
ence, and almost immediately Afterwards faced the
audience. tho man had largo knife in his hand and
witness al once lsaped upon the stage followed the
man across t. Al witness followed the man hc
heard door slam, and I'VE persons we're standing