Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-06-18
THE EVENING STAR
Washington News and Gossip.
THE CASE OF sURRATT.


Th- Charge Of Murder TO be Abandoned
A New Isdictaent Before che Grand
Jury.
Yesterday afternoon, several witnesses, in
addition to those mentioned IN yesterdays
STAR, were before the Grand Jury in the ease
of Surrats, among them Mr.. David g. Reed
As by the provisions Of the Constitution of the
United States. two witnesses TO some overt act
or confession in open court is necessary to a
conyiction on an Indictment charging treason
and as these requirements cannot be net, there
viii De no attempt made to convict ca such a
charge. The difcul.y an regard TO indcsing
the prlsoRer for ynuroeT is, that il Is extremely
doubtful whether he was actually preseSat at
the time the murder of Mr.. Lincoln was
coromitsed. 1T WIS contended by the
counsel for the persecution the former
rraIthat if he was in the conspiracy to IN urder,
and performed the,rart assigned 10 him, he was
guilty, although he might have been in the city
OF Elmira at the tine the deed was committed,
because be was construcuvely present. Upon
his important question of lay there Is a great
diversity of opinion in the profession. there
being no law of Congress sbolishing in this
District the common law ir relation TO princi.
pals and accessories. That being the state of
our laws, II becomes a question Of doubtful
policy whether the Government shall be sub.
jected 10 the expense of another trial for mur.
der. Congress has, however, passed an act
which. while it does not create q capital of.
fence, may cover this case, .viz-The act of
July 18th, 1oS3 the second section of which Is
as follows:
ABE II enacted, dc. That itany person shall
hereafter set on foot or engage in any rebellion
or InSuTrectlOn against the authority of the
United States or laws thereof, OF shall give aid
or comfort thereto, or stall give aid and com.
fort 10 any existing rebellion or insurrection
and be convicted thereof, such person shall be
punished by Imprisonment for a period not
exceeding ten years or by a fine not exceedins q
ten thousand dollars. and by the liberation OF
his slaves, If any he beve, or by both of said
punishments, at the discretion OF the court
Conspiracy of this sort is also an offence al
common law, and it rs likely that an indict.
nent Will be found under the section above
quoted, and also under the common law A
number of witnesses are already here and
several more are expected here his week
LATER--RE-INDICTMENT OF SURRATr-
The Grand jury OF the Criminal Courr found
true bill of Indictment against John II. Sur.
Tati- charging HIM under the second section
Of the act Of July l9Ih, IS62, with giving AID
and comfort 10 the enemy.
TWENTY PER CENT. KILLBD.-The first bus
iness IN the House to-day was Mr.. Bingham
motion to reconsider the yste by which the
bill allowing the clerks in he Departments the
twenty per cent. additional salary was passed
This was agreed TO. This was promptly fol-
lowed up by another motion from Mr. Bing.
ham 10 Law the bill upon The table, and il Wa:
agreed to by vote OF O. ayes TO 81 nays. Thi.
probably kills the bill, we regret to say.
A CANARD.-Gen. Grant has received III,
following dispatch from Gen. Canby, com
nanding Second Military District:
CHAELEsToN, June IL, I-6s-Ts Cen u S
COMMANDING u. S. (lua of he
city morning papers contains n sensational
paragraph IN relation 10 outrages in kershay
county, in this State. Col Edie, in reply to al
inquiry from me, has Just telegraphed from
Camden that il has no foundation whatever
T. X. y CANBY.
MAJOR General COMMANDING