Year: 1867

4


Judge Fisher Charges the Jury-No
Ferdict get Agrecd upon.


WASHINGTON, August I'm the Surratt
case to-day. after some discussion upon i'm
material points, Judge Fisher charged the
jury at length, concluding as follows:
have from the observations addressed
to you, to charge that you will infer
]. That the conspiracy formed in the
| time of our late war: to take the life of the
| President and Vice President of the re-
ru,sIic, and the heads Of the executive de
partmcnts, FOR the purpose of aiding the
enemies of the Federal Government, by
throwing it into anarchy and confusion, is
treason, and as heinOus and as hurtful to
the people of this country as conspiring for
the death OF the King or Queen of England
is TO the subjects of that realm.
2. That every person engaged in such
conspiracy, as long as he continues a mem
her of it, is responsible not only for the act
of treason, but for any murder or less
crimes which may flow from it.
3. That the Government may waive The
crime of treason against any or all of the
conspirators, and proceed against them. for
the smaller crime of murder included in
the greater crime, treason.


T. That under an Indictment for muir
der resulting from the prosecution of such
conspiracy, evidence of the entire scope Of
the conspiracy may be considered in esti-
mating the heinous character of tae Ollensc
laid in the Indictment


). That it was not necessary to aver in
the Indictment the fact that Abraham Lin
coin, the victim Of murder, was at the time
of its commission President of the United
States. OF 10 prove it in order TO allow the
jury to take that fact into account in de-
termining the hcinous character Of the
crime, it being a fact of which the court
will take Judicial cognizancc.


G. That he who does an act by another.
does ii by himself, and is responsible for
its consequence in a criminal as well as in
civil case.


Z. That although an alabi when clearly
established forms complete and unarswer-
able defense. mere absence from the iurc
diate scene of crime resulting from con-
spiracy unrepented of and abandoned by
the party will not avail him II he were at
some other place assigned him, performing
his part in that conspiracy.


8. That this plea is, unless clearly made
out. always regarded with suspicion, and
circumstance weighing against him who
attempted it, because it implies an admis
sion of the truth Of the facts alleged against
him, and the correctness of the inference
drawn from them.


.. That the fight from the scene of the
crime the fabrication offalse accounts, and
the concealmont ofinstruments Of fyiolence,
are circumstances indicating guilt.


TO- Although a confession in the slight
est degree tainted with promise of favor,
or Ivy duress, or fear, is not admitted as ev.
idence against him who makes it, vel If
made freely and voluntarily, is one of the
surest proofs ofgult. AS to the cred;biity
of the witness. YOU are to be exclusive
judges You see them face TO face. You
know whether they are confirmed or unsup-
ported, or CONT adicted by other Witnesses
of credit, or other circumstances. 1Ou are
to Judge whether their testimony has been
inpeachcd, and consider every mattertllat
can possibly have the effect 10 shed any
light as to what has been truly or falsely
deposed by any witness. You will dill
gently collate, compare and carefully weigh
and consider all the testimony in the case
on both sides; you VIII not disregard or re
jcct the testimony OF any witness unless
satisfied that he has been shown to be un-
worthy of pure evidence by reason OF his
want of character for truth; his contradict
ing himself or beii.g fatty cOntradicted by
others of better credit. or by dishonesty of
purpose manifested by his conduct and by
his manner in tcsiilying before you. In
conclusion, you will take the case, with
the honest purpose to do justice TO the
United States and the defendant, bearing
in mind that ii 10 the Office oflaw to secure
tho punishment Of the guilty and the pro
lection of the innocent. If John III. Sur
ratt, in the honest and intelligent cOnvic-
ton of your judgment and consciences, as
not guilty, so pronounce by your verdict;
thus giving lesson of assurance that a
court of justice is an asylum for innocence.
On the contrary, If guilty pronounce him
guilty, and by your verdict furnish guar
anty to the intended victims of guilt, and a
testimonial to the country and the world
that the District of Columbia is set apart
by the Constitution fthe United States as
the theatre for the exercise of the federal
power, and gives the judicial guar antics
essential to the protection of the persons of
public servants commissioned by the pco-
pie of the nation to do their work, safe and
sacred from the presence of unpublished
assassiDs within its borders.


The jury retired to their rooms at 2S
minutes before IL o'clock.


At $3.50 p. NJ. Judge Fisher went home


Arumor is flying around that the jury
stan DIS ten TO two.


The prisoner was taken from hisroom at
four o'clock.


The Judge returned at $50, hut as moth
ing had been heard from the Jury, he sub
sequently left between nine and ten o'clock.


Bedding was brought into the court
house and taken to the jury room


The crowd in the court room hangs on,
and not a few are fast asleep. The room
is dimly lighted with candles.


Among the spectators remaining in the
room were some half dozen females.


At ten o'clock Judge Fisher again took
his position upon the bench and was in
formed by one of the bailiffs that there was
no prospect of an agreement. The Judge
then stated that he would 90 home and not
order recess, but il was understood that
he would not be here to receive the verdict
until tomorrow morning. Some of the ju-
rors are comfortably disposed upon 1pllets,
and others are striving to convince each
other to their views.


WAsHINGToN, August s.-1he jury in
the Surratt case have now been out tv enty-
seven hours and there seems no prospect
of final agreement; the jury now stands
II tol. Judge Fisher has not been upon
the bench to-day, and the crowd goes and
comes continually, and individuals discuss
with each other with much earnestness the