Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-21
THE SURRATT TRIAL.
THE SCRRATT TRIAL.
The Murder Indictme Mt Abandoned.
Counsel Have Leave 20 File Speciai Plea
On the Conspiracy Indictment-
ihianrnment I'LL Ta-marYoW.
Adjournment tiII Ts-msrrow.

This day was set in June last for the trial of
John H. Surratt by Judge Wyle, of the Grim
inaI Court, who adjourned the Court until to-
day. as a special term, and accordingly, before
ten O'Clock, this morning, there were quite a
large number of spectators in the Courtroom.
Judge wylie entered aud took his seat on the
bench a few minutes before ten, and shortly
after said to District Attorney Carrmgton that
to-day had been Set for the trial of Surratt
Mr.. CanIpgton replied that he was waiting
for the counsel on the other SIDE, and at that
moment the accused, with his counsel, Messrs
Merrick and Bradley. entered the Court- room.
followed by MCssrs Riddle and Wilson, who
appear for the prosecution
Mr.. Carrington said that having arrive at
late noor on Saturday he had had but little
time to confer with his associates He .elieyed
that they bad come to an under standing and
were ready TO go TO trial on the second ICON
conclusion. AFTER writing to the Attorney Ge ae-
raj on the SUBJECT and receiving an an wer, to
enter nofte pros on the first indictment (mp r-
der,l with the APPRECIATION of the Court.
The Court slated that he approved the mo-
tion made. Unless there was some ne wiz
discovered evidence it would be useless to try
the Gaze on The first indictment a second time.
As the justice who had b en- signed 20 hold
this term of the Criminal Court he trial of the
case ayainst Surratt had devolved % am, and
ne YVES 81 hbsrty ID say in regard to .le mo-
non now made, and in reference - t1e poiat
upon which the former trill turned, thai he
was perfectly clear. Ii had never been held as
be knew of IN this country or in England, or
IN any country, he sappo ed, governed by law,
that mau could be 9 lilty OF murder nnless he
WIS prs aent a. tue commission of the offe ice
En'ertaipiug that view, and being Of the opin-
Ion also, from the evidence adducc1 at the
former trial. that the priso1er was not present
at toe time the crime WIS committed, he very
rf-dily consented 10 a MOLE pros. being entered
in this case.
Mr.; Bradley said that the defendant came
into Court to defend himself ON the first ip-
dictment, and the action of the prosecut had
taken them by surprise. In June last. while
the prisoner was without COUNSEL, he had
PLEADED 10 the second indictment not guilty,
and he now desired leave to withdraw that
plea, that they may plead anew, and he would
ask that time be given them-until toll
to Tile special pleL. Pending the first indict-
ment they could make but one plea-not
guilty.
The Court SAID this trial must 60 on, for this
special term was given for hat purpose.
Mr.. Bradley again asked that time be allow
ed 10 file a special plea.
Mr.. Mernck explained, that when the pri-
soner was arraigped on the second indictment,
be had 10 counsel. and that on that occasion
the Court SAID that the case should be disposed
OF. They had this morning cone into Court
ready TO try the first indie tment, and were not
now ready to try the second indictment. He
would now ask TO withdraw the plei Of not
gallty, and Tomorrow would file plea SET
upg forth the amnesty proclamation OF July
4tn last, which could not have been pleaded
while the first indIctmP at was pending.
District Attorney Darlington said that the
course YVES unusual, and would not observe
the ends Of public justice.
The Court said the request seemed to be rea.
sonable, asking delay Of but one day. and he
would allow the motion OF the defendants
counsel.
The Court was here adjourned until to.mor.
row.
The following is the letter of the Attorney
General, TO which reference Is made:
ATTORNEY GENERALS OFFICE, WASHING
TON, June 9th, IS6s.-E. c. Carrington, Esq, L.
s. Att0rney for the Distrsct If Columbia, Wash.
fngton, d. C-S'r: In your letter of this date
you inform me that in your opinion public
policy requires that the case Of the United
States VS.. Surratt should be disposed Of at the
ensuing term; that you are satisfied that there
Is an essential difference Of opinion between the
Judges touching an important question Of law
In the case; that you have no hope OF securing
the attendance o. the only witness who could
testify TO what appears TO be a fact Of the
utmost value TO the prosecution; and that.
under all the cireumst lnces, your opinion is
that it would be best TO indict the prisoner for
conspiracy and enter q Rotle pr0ssg,'i 70 the
pending Indictment, which charges murder
This course You believe would avoid Il loug,
plobLbly IN a discharge without verdict or
IN an acquittal, and would secure a couviction
tending to vtndicate the cause OF public Jus.
tce. You intimate that Mr.. Riddle, one of the
special oupsel associated with you, and also
your regular associate, Mr.. Wilson, concur in
these views. Neverthele $, from the import.
ance of the else, you think proper to avail
yourself OF your right to advice from the Al.
torney General in the premises. In reply,
have to say:-I have no such KNOWLEDGE
official or Otherwise, as woald warrant me ia
forming an opinion of the expedieucy OF the
course you propo e; but j perceive no ground
for Withholding my appreciation in the premi.
ses.
Very respectfully, your obadient servant,
&C. y. H. BROWNING.
Attorney General, ad interim.