Evening Star Newspaper, June 19, 1865, Page 2

THE EVENING STAR. W. D. WALLACH, Editer and Prepricter. WASHINGTON CITY: MONDAY.........00000+.-.-JUNE 19, 1865, perenne cores $A kee anecnenv cette Heads S7 READING MATTERON EVERY PAGE. BEE OUTSIDE FOR INTERESTING TELE- GRAPHIO AND OTHER MATTER. THE CONSPIRACY TRIALS. Proceedings This Morning. by JMENT OF HON. REVERDY | gery JOHNSON. The Vourt assembled this morning at ten o’clock, according to adjournment on Friday, al tbe members being present. ten. The complete record of the Court proceed. | to protect the citizens against it, that they were UDWilling to leave him to the safeguards which & proper construction of tne Constitution as originally sdopted, furnished. In this tney resolved that nothing should be left in doubt. They determined therefore not only to guard him against executive and judictal, but against Congressional abuse. With this view they adopted the fifth Constitutional amend- ment, which declares that «mo person shail be heid to answer for a capital or other- wise infamous crime, unless on& presentment or indictment of 4 grand jury, excep! in cases arising in the land or naval forces, or in time of war, or public danger." This view is elaborated by reference to various legal authorities, and the Qonstitu- tional questions are discussed at length The sixth amendment, which our fathers thought so vital to invividual liberty, when assailed by Governmental prosecution is but a dead letter, totally inefficient for its purpose whenever the Government shall deem it proper te try a citizen by a military commission. Against such a doctrine the very instincts of | freemen revolt. Ithas no foundation bat in | the principles of unrestrained tyrannic power The reading of the previous Proceedings | Was entered upon and concluded at half-past | and passive obedience. If it be well founded, then are we indeed a nation of slaves and not of freemen? The counsel then proceeds te examine with scmewhat of particularity the grounds on ings, as taken by Mr. Sutton's corps, looms up which be is informed the jurisdiction of on the table of the reporters in two huge Piles of manuscript, to the extent of 4,5(\) pages. The intreduction of evidence forthe Govern. | ment is not concluded, as has heen stated, but it is understood that it is mainly in. The Courtroom is not so much crowded to- day 8s usual, probably on account of the ex- cessively hot weather. Among others present there are four sisters of the prisoner Herold, attired in deep mourning and sitting near the prisoner Upon the conclusion of the reading of pre- this commission 1s maintained, and contends, in the second place, thatif the power in ques- tion is claimed under the authority supposed to be given to the President in certain cases to suspend the writ of habeas corpus and to de- clare martial law, the claim is equally, if not more evidently, untenable. The act of 1806, establishing the articles of War, provides tor ne military court like this; and it is maintained that it does not embrace , the crimes charged against these parties or the parties themselves, and until the rebellion he vious testimony, Mr Aiken rose and said that | Ws not aware that a different construction on Friday when he-announced that he would Waseverintimated. It isthe exclusive fruit offer the argument in behalfof Mrs. Surratt on to-morrow he fully expected to be able to do so. but that the evidence was so volumnious that it required more time togo overit He would be ready, however, to go on at 2 o'clock on Wecnesday. Mr Clampitt announced that he was ready to offer the argument of Mr. Johnson on the jurisdiction of the Court, and he proceeded to read the argument from printed slipsin aclear voice, heard distinctly in all quarters of the room. Some of the spectators seemed to have come with the idea that the pleaof Mr. John- 80n would contain matter personal to some of the members of the Court, but that ides was speedily dispelled. it proving to be purely a legal argument. _ it commences by asking, has the Commission jurisdiction of the cases betore it. That ques- of the rebellion. In the course of his elaborate argument, Mr. Johnson says: ‘As counsel for one of the arties, 1 should esteem myself dishonored if attempted to rescue my client from a proper trial for the offense charged against her by denying the jurisdiction of the Commission upon grounds that I did not conscientiously believe to be sound. And in what I have done I haye not more had in view the defense of Mrs. Surratt than the Constitution and the laws. In my view. in this respect, her cause is the cause of every citizen And let it not be supposed that I am seeking tosecure tmpunity to any who may have been guilty of the horrid crimes of the night of the 14th of April. Over these the ci vil courts of this Districthave ample jurisdiction, and will faithtully exercise it if the cases are remitted to them, and if guilt is ton, im all courts, civil, criminal, and milita- | legally established will surely award the pun- ry, Must be considered and answered affirma- ishment known to the Iaws. God forbid that tively before judgment can be pronounced, and ; Such crimes shall go unpunished. In the black it must be snswered correctly, or the judgment | catalogue of offenses, these will forever be Fronounced is void. Ever an in teresting and | esteemed the darkest and deepest ever com- vital inquiry, itis of engrossing interest and | mitted by sinning man. And in common with awfal importance when error may lead to the | the civilized world de I wish that every legal unauthorized taking of hnman life Insucha | case the Court called upon to render, and the | officer whos to approve its judgment andhave | itexecuted, have a concern peculiar to them- | punishment may be legally inflicted upon all who participated in them.” A word more, gentlemen. and thanking you for your kind attention. I shall have done. As selves. As to each, aresponsibility isinvolyed | you have discovered, I have not remarked on which, however conscientiously and firmly met, is calculated and cannot fail to awaken | the evidence in the case of Mrs. Surratt, nor is it my purpose. But it is proper that I refer to great solicitude, and induce the most matare | her case in particular for a single moment. consideration. The nature of the duty is such | That woman, well educated, and as far as thateven honest error affords no impanity. | The legal personal consequences, even in a case of honest mistaken judgment, cannotbe avoid- ed. Every member composing the Comm we can judge from ali her past life. as we | have it in theeyidence, a deyout Christian, ever king, affectionate and charitable, with ne | Motive disclosed to us that could have caused sion will meet all the respousibility that be- | @ total change in her very nature, could have jongs to it, as becomes gentlemen and sol- participated in the crimes in question itis al- diers S» far the question of jurisdiction has not | been discussed. The pleas which specially | bee it, &S8 sOOn as filed, were overruled. jut that will not, because properly it should not, prevent the Commission from considering | it with the deliberation which its grave nature | demands. It was for them to decide it, and at | Most impossible to believe. Such a belief can only be forced upon a reasonable, unsuspect- ing. upprejudiced mind by direct and ancon- | tradicted.evidence, coming from pure and per- fectly unsuspected sources. Have we these? Is the evidence uncontradicted? Are the two witnesses, Weichman and Lioyd, pure and unsuspected! Of the paruculars of their evi- this time for them alone. The commission | dence I say nothing. They will be brought under which they were acting does not and | before you by my associates. Bat this conciu- could not decide it. If unauthorized, it is a mere nullity—the usurpation of a power not | vested in the Executive, and conferring no authority upon them. To hold otherwise would be to make the Executive the exclusive and conclusive judge of its own powers, and that would be to make that department omnipotent The powers of the President under the Cons tution @re great, and amply sufficient to giv all needed efficiency to the office. The Oon- Vertion that tramed the Constitution, and the people who adopted it, considered these pewers | Sufficient, and granted noothers. In the minds of both (and subsequent history has served to Strengthen the impression) danger to liberty is more to be dreaded from the Executive than | trom any other Department ot theGovernment. So far, therefore. trom meaning to extend its powers beyond what was deemed necessary to | the wholesome operation of the Government, | M they were studious Leah sd them beyond the | is view, before enter- ing on the execution of bis office, the President | is required to take an oath “faithfully to dis- charge its duties. and to the best of his ability preserve, protect, and defend the Constitution Teach ofabuse. With 1 of the United States * He is also liable to «he removed trom office on impeachment for and conviction of treason, bribery, or other high | crimes and misdemeanors.’ If he violates the Constitution—if he fails to preserve it: and, above all, it he usurp: powers not granted, he is false to his official oath and liable to be indicted and convicted, and to be imprisoned. To such an offence, his removal from office ig the neceseary consequence. In sucha con- tingency, ‘he shall be removed,” is the com- mand of the Constitution. What stronger evidence could there be tbat his powers, all of them, in peace and in war, are only such as the Constitution confers? Butif this was not evident from the instrument itself, the charac- ter of the men who composed the convention, and the spirit of theAmerican peopie at that period,would prove it. Hatred of a monarchy, made the more intense by the conduct of the monarch from whose Governmeat they had | recently separated, and a deep-seated love of Constitutional liberty, made the more keen and active by the sacrifices which | had illustrated their revolutionary career constituted them a people who could never be induced to delegate any executive au- thority, not so carefully restricted and guarded as to render its abuse or usurpation almost impossible. If these observations are well founded it follows that an Executive act be- yond Executiveauthority can furnish no de- tence against the legal consequences of what are done under it. Uniess jurisdiction exists, | the authority to try does not exist, and what- | ever is Cone is coram non judice, and utterly void. This doctrine isas applicable to mili- tary 48 to other courts. he question then being always open, and its proper decision essential to the validity of | its judgment, the Commission must decide be- fore pronouncing such judgment whether it has } jurisdiction over these parties and the crime imputed to them. Thata tribunal like this has Jurisdiction over other than military offenses a8 believed to be self-evident. That offenses defined and punished by whe civil law, and where trial is provided for by the same law, re not the subjects of military jurisdiction is, of course, true. A military, 4s contradtstin- guished from a civil offense, must therefore be made to appear, and when it is it must also appear that tbe military law provides for its trial aud punishment bya military tribunal. If that Jaw does not furnish a mode of trial, or affix a punishment, the case is unprovided for, and as far as the military power is concerned, is tO gO UnpUcished. But as either the civil, common or statute law embraces every species of offense that the United States or the States have deemed it necessary to punish, inall such cases the civil courts are clothed with every becessary jurisdictien. Ina military court, if the charge does not statea ‘crime provided for generally or specifically by any of the ar- Ucles of war,” the prisoner must be discharged. £Q0’Bnen, p. 235.) Nor is it sufficient that the barge is & crime known to the military law. ‘The offender when he commits it must be sub- yeet to such law or he is not subject to military jurisdiction. The general law has supreme and undisturbed jugisdiction over all. The military law puts forth no such preten- sion—it aims solely enforce on the soldier the additional duties he has assumed. It con- stitutes tribunals for the wial of preaches of muitary duty only —O'Brien, x27. «The one | code (the civil) embraces all Citizens, whether # soldiers or not: the other (the milf urisdiction over any citizen as such#__7), rovisions of the Constitution clearly | moaintala the same doctrine, The Executiys bas no authority to gece var to raise and | v: an maintain a) SUDO ee make «rules “tor the government | Smventicn, its buainesa the soc ‘and regulation” of either force. These powers are exclusively in Congress. The army can- not be raised or have law for its prrorment 0+ vide. This power of Congress was granted by | x yithout objection. In Eng- | the Convention w bye ane te, woke mm, bas this sole power, thoug' jae fn frequently interposed and regulated for itself. But with us it was thougnt safest to give the entire power to Congress, since otherwise summary and severe punishments might be inflicted at the mere will of the Ex- ecutive,’—(3. Story’s Com. sect 1192.) No member.of tbe Convention or any commenta- tor on the stitution since hag intimated that even this Congressional power could be and regulation except as Congress lan, the King, as generalis: ARRIVAL OF PRESID A REBEL CONGRESSMAN TAK for the fune funeral will take place on Tuesday afternoon, the members meeting at the Loge room at 3 o’clock. for the purpose ef attending i pay the Jast tribute of reapect to t) our late Brother Jonny P. Lasnuo den of the Ledge. Punctua! attendance is re- ) Ras no | ie _____—‘Record (er cnscs CHUROH FRSTIVAL, sion im regard to these witnesses must have in tbe minds of the Court, and is certainly strong- ly impressed upon my own, that if the facts which they themselves state as to their con- nection and intimacy with Booth and Payne are true, their knowledge of the purpose to commit the crimes and their participation in them. is much more satisfactorily established than the alleged knewledge and participation ot Mre. Surratt. As far, gentlemen. as I am concerned, her case is now in your hands. (This is signed by Reverdy Johnson, and concurred in by Frederick A. Aiken and John W. Clampitt, as associate counsel for Mary E. | Surratt.] T JOHNSON’? FAM- ILY. President Johnson's family, consisting of Ts. Johneon, Andrew Johnson, Jr., (a lad of about i3or 14 years of age,) Mrs. Patterson, daughter of President Johnson, (who is to be the new mistress of the White House, owing to the ill-health of Mrs. Johnson,) amd her two children arrived here yesterday afternoon in a special train, having been met at Cincin- nati by W. P. Smith, Master of Transporta- tion of the Baltimore and Ohio Railroad, who accompanied them to this city. This morning the members of the Presidert’s family were engaged in visiting the grounds and points of interest surrounding the Man- sion under the guidance of Major Knox. ES THE OATIL This morning John P. Murray, a member of the rebel Congress from Tennessee, presented himeelf at Colonel Ingraham’s office and took the oath of allegiance. Fourteen questions, applicable to the exceptions enumerated in the President’s late amnesty proclamation, were propounded to Murray before the oath was administered, to all of which he answered in the negative except the i4th question, which is as follows: «Have you volunturily partici- pated in the rebellion ? If so, is the estimated value of your taxable property over 820,000." To this Murray replied that he had rever paid taxes on $20,000, and did not know how much, he was worth. PROVISIONAL GOVERNOKS, President Jobnson has appointed Andrew J. Hamilton, ot Texas, to be Provisional Gov- error of that State, and James Johnson to be Provisional Governor of Georgia. Their au- thority is the sanve as that vested in the newly appointed Governors ot North Carolina and Mississippi COLUMBIA LODGB,No.10,1.0.0 F., reel Bold wapecial meeting THIS (Monday) wat $0 lof Brother Jous P. Lasuons. Tine JOHN A. MOULDRN, Rec. Sc. I 0. 0. F—MOUNT NS8O ENCAMP- MENT. No. 6.—Aspecial meeting will be eld THIS (Monday) EVENING. at 3 o'clock, to make arrangements for the funeral of Patriarch Jous P. Lasuoum, which will take place Tuesday stternoon; at 3 o’ciocs THOMAS W. FOW —MASONIO.— A special communication of St John’s, No. 11, will be held AY BVENING, the 2th inat wat Se otelncents emory of ior ar- ed. By order of the W au Mi. _Je19-1t W. MORRIS SMITH, Sec, ENIGH?S TEMPLAR.—The members of Colambis Commandery are requested to Beet et their Asylum, corner of 9th and D. TO- MORE toe OW (Tuesday, the 2th inst.. at 3?: o'clock p.m..infull regalia to attend the fane: 4 Knight sony PL ral of Sir | stan _By 0! SHHorN All Templars in good re are fraterpa'ly invited to attend, r. {it} A. T LANGLEY. Record TO. —A special meeting oftheGRAND LODGM will be held on MONDAY EVEN. Se'clock, P. H. SWERT. Grani Bee, THE REGULAR MONTHLY M IN | OS ortne Young Men’s Obristian Amen ¥ it be held at the K street Baptist Church, on MONDAY EVENING next, the 19th instant, at 3 o'clock, to hear reports from the delegates to the pasa Qonvention recently bh Phil: phia. jade - ‘The reports will describe the com position ofthe lal entertain- Ris provided for the visitors, and other iate:- me apes subrects, matter of the purchase cf Ford’s Theatre, duced ann being consummated, will be intro- ‘ WABREN CHOATE, je 17-2 cording Bacretary. PD FELLOWS ObD FELLOWS’ HALL, *, Rector.) WILE OPEW : MONDAS. JUSm 1a TABLEAUX BACH NiGHE Entrance 15 conte; Ohitdren 10 conte, Band o ic 1D A ee. 4 Coatectionel Donations of Prutteend Raw. applied to°clilzens not belonging to ‘ke army cisdiv recerved brthe Latnat tue Belicar ae othe power ‘given to Congress {s “to make haem obnearthreueusy 5 rules jowernment and regulation of the malen fe Ua forces.” No artifice ca ‘hg ni- dp a effect h t 01 Ae een added. And this is no yr ab bs . these wor clude le ty:can 4 Hf nde ‘as to tee Army Sn erecta We count others, as i negative Wars wee of the terme, cousidered ancestors of urgtanted power and so vigtla: al Mdemonstradle, rom oinat bere Sans of the Conetitution. 6 jeato Sede oe pie. 5 Se eee Lae ) SBASBY HAS REMOVED His OF- is fies and residence from 157 9tn sirvet west Sth street west,» few doors below. oP Sre0fW* icy 5 eee — <a CL Rw YORK AND WASHINGTON 8TEAM- SHIP OOMPANY, £: Ses Gti wa 13 tot Bp: i CP. HOUGRTON, Agent. 46° spvir, | LATE TELEGRAPHIO NEWS. ——— FROM FORTRESS MONROE. Arrival ef John Mitchell—Repair ef yir- Z| imia Railreads. My Fortmrss Monzos, June 17.—The steamer Henry Burden, from New York, arrivea here this morning and anchored in Hampton Roads. ohn Mitchell is said to be on board. The nglish ship Empire, reported in distrpas off Cape Henry, was towedoff Hatteras Shoals on Wednesday last by the steamer Andrew Fletcher and three men put on beard, she hav- ing been abandoned. The steamer A. Winants sent to her has returned, not being able to find the Empire. She was probably picked v p by some steamer. At 12 o'clock to-day the steamer Henry Bar- den came alongside the Engineer wharf and John Mitchell was escorted to quarters as- signed him inside the Fortress bya guard of the 3d Pennsylvania heavy artillery. A Board of Inquiry, of which Gen. Graham is President, is now in session to investigate the circumstances attending damaze done to Government vessels by collision, &c , and to assess damages. The steamer Empire State arrived this P. M. from Baltimore. She has on over 100 rebel prisoners bound to Wilmington and Sayan- nah. The emall pox has broken outamong the prisoners. The Richmond Daily Times ot June 17th says:—The Virginia Central Railroad at Ka- venna and Moore’s Creeks and Meecham's Tiver are progressing, and hopes are enter- tained that the whole road will be in opera- tion in four weeks. ; The Orange and Alexandria Railroad tsalso being repaired from Charlottesville to Lynch- | burg. Cars are now running from tie latter | place to Tye river 30 miles. : LATER, Arrival ef the Rebel Commander Maury— Ex-Governer Moore, ot Alabama, a Pris- ener. Fortress Mowrog, June 1¥.—The United States steamer Constitution, Commander Greenman, from New Orleans on the i6th instant, arrived here to-day. Among her passengers is the rebel General Maury, formerly commander at Mobile, with | his family. They landed at Fort Pulaski, under guard, Ex-(iov. Moore, of Alabama. The Constitution ha@ as a passenger aman called Colonel Gayly, who, itis said, offered $1,000,000 reward for the murder of President Lincoln sometime during the war. There were two rebel witnesses on board to prove it. The Constitution touched at Sand Key, Fla., to land mails, &c. She passed along the coast ot Florida the steamers Neptune, C. U. Leary and twelve other steamers of the Texas expe- dition fleet FROM CAIRUV, Surrender of Jeff. Thompson's Army— Jeff. at Memphis—Arrival ef General Weitzel at the Mouth of the Mississippi. Catro, June 15.—A flag-of-truce boat, with & paroling party, ha: arrived with 1.171 men of Jeff. Thompson’s army, including 6-6 officers, paroled. Jeff. Thompson came as far as Memphis, where he remains, awaiting the President's decision relative to his petition for pardon. General Reynolds has taken the initiatory steps towards establishing civil courts through- out Northern Alabama. Garrisons are established along the White River, and the people are more hopeful. New Orleans dates to the 12th state that a portion of Gen. Weitzel’s fleet is at Southwest Pass. A Fiendish Outrage. Boston, June 19 —A most horrible case eame to light yesterday at a place calied Bussey’s Wood, Roxbury. The bodies of Isabella Joyce, aged 14, and her brother, aged 12 years, were found murdered. the little girl having first been fiendishly outraged, and a double Murder probably committed to hide the dia- bolieal crime. The victims of this most terri- ble affair were engaged iu gathering wild ilowers in the woods, and making wreaths of evergreen and flowers. The children have been missing since Mon- day last. ¥ Franc Sawn Francisco, June 13.—The cars of the Central Pacific railroad are running to Upper Gap, forty-three miles from San Francisco. The first shipment—120 gallons—of crude pe- troleum trom Humbolt county arrived at San Francisco to-day. LOST AND FOUND. __ OST—A PACKAGE containing s pamphlet. 4° Littell’s Living Age.’ two or three lette anda belt. If tne finder will leave it at the B bitt House, a liberal reward will be given. j19-2t* Lost neighborhood of Ospitol Hill or Navy POCKBT CASE of Surgical Instru- for which s suitable reward will be paid by Dr. JOSBPH WALSH, 493 B street south, (Navy Yard.) je i9 3t” “OST— On Saturday, June ith, between city 4 Post Office and Brightwood.7th street road. a WHITE MORNING WRAPPER. The finder will be liberally rewarded by returning it to 511 7th it 5 oie 10 3t GEORGE T. SMITH & CO. i Ns! UP B8TRAY—On Friday, 15th day of Jane, 1355. a small BAY COLT, about one year old .The owner will come forward prove property. pay charges and take it away, at livery stable corner Highand Cherry atreets, George- je 19-8t™ JAMES F. BBSEX. | Gee CERTIFICATB OF DEPOSIT iasued Banking House of Barrow, McKelden & Co.. for $495, numbered 1, in favor of the i blic are cautioned against purchasing faid ce:tificate, as it has not been indorsed, and payment bas been stopped. The finder will be suitably rewarded by returning it to the subscriber, corner of (jueen and Fayett- ata., dria, [ie 19-2t* JOHN BUBNS. OUN D—On the premires of Mr. Jacob Daniel situated on C street. between 2d and 3d streets on Saturday morning, I’th day of June, 1365, one GERY MABBand COLT, which was left in care of the undersigned. The owner will please come forward, pay eharges, and give proof of the seme, WILLIAM [his X mark} WASHINGTON. No, 449 C street, pear Depot. Sworn to and subscribed before me, this 1%th day of June, A. D . 1855, _ield 3t™ DGARH. BATES, J. P. [Seal.} OST OR STOLEN—Strayed away or was s:olen 4 on faturday morning, June 3d,a small bright MULATTU BOY. aged 9 years, named Joseph C. B:llngslee. Had on when he left home a woolen jacket and p. ; one kres of the pants was patuhed. Theeaid boy is an apprentice until he ta 2] yearsofage. Ary information of his - abeuts will be thankfully received. I for any person from barboring or employing him, as I will enforce the law against all so “fending. Q. WILL80N, je 19-3t Southeast corner 2th and D sts. Nettca TO THE PUBLIC. Distercr oF Qorvwnta, County of Washington. This is to notify the owner or owners thereof, that the subscriber found straying and treapass- ing xpon his prenises, near Mount Pleasant Hos- Dital.on the Piney Branch Boad, in County of Washington, two medium sized WOGS, of white color; n0 marks visible. The wowner or Owners can bave the same by proving property and payingcharecs. Apply on the premises, Personaliy came Francis Mat:ipgly, and made oath in due form of law, that the above statement iscorrect and true. ,,Given under my hand and sesl the 19th of June, T8h5. JNO. H. JOHNSON, Je 19-3t™ Justice of the Peace. OTICE—Taren up an estrsy,one medium N size BAY HORSB; also, ope k MULE. mave and tail sheared. ' Phe owners are requeste:i to prove property, pay charges and tate them WM NEWMAN. away. O8T—On the morni stant. & L CHAOK.No lion is, os inn outer Oaok in favor of BE. Pic! ayment has been stopped. The ani reat favor by leaving it with Mr. DB: at Lewis Johnsen & Go,’s Bankin; and Pa. ave. L2 AT PARK HOTEL STABLES. 7TH 8T., on or about the Istof June. adark bay MARE. about aix years old and about 15 han*s high. e two right feet are white: crippied in hind legs. The owner will please within ten days from ae Gag of. At une Cay aud take her . Or she wil sold at i i aney, ora at public auction to pay jo 17-6t* LOUIS BEYER. $50 BRWARD —ucat. bye gentleman, on the night of the 25th of May, on H' street. Dear Fourteenth street. a GOLD LEPINE ouse, corner of 10th Je 17-3t WATCH. wade by Bergman et Pils. Geneva, hunt- jog Case, chased. and with shi be out- sige forpame; also, a ® attached. y gold linke in the ceuter small counecting chains 1 ateach eud. The catch for the button ho! rT a key, which could be pushed in and out I fe: ee ure. The finder will receive the above reward, and no questions asked, by leaving at room No. aev ieee fivor, Department of Interio:. : RBWABD.—Straved or stolen, oth $10 oe red Cor with two worar, two . oever re . ERLLEGIN, No. 305 34 street. wh lesctce the ‘ard and uo questions asked, PERSONAL. ato BBREDY GIVEN PHAT 1 01 AY £2 cont Lee +3 ue thie \,, B. A MCCARTHY. _oape 19. s Jo 1) 6t™ Bak aBIBND.—T ann “Csvtain ia BOW, a. foun! eae atae le 9 Am* Deere ame oO ia TES RORTEONINRY, Gixtgne 2 5 sudtatt. ‘STROLOGY.MADAMN SROUSE wilt cic infurmaten anaes rrarese ct et Reapact to al! other aude, o1 atall hours Nee ct Meas a i Lt rs 7 aad C etreet. ae = Nolte RUGOND EDITION THIRD. HDITION. 6 O"OLOCE P. M. THE CONSPIRACY TRIALS. Proceedings This Evening. SS CASES OF ARNOLD AND O’LAUGHLIN. ——SSS ENT OF MR. COX. eS Succeeding the argument of Mr. Stone in be- halt of Herold, Mr. Oox offered his argument in behalf of Arnold and O’Laughlin. that for himeelf, execrating as he did the odious crime wrought upon the Chief Magistrate of the nation, he would not have been willing to connect his name with this defense until he felt assured that the accused was merely the yictim of compromising appearances, and was wholly innocent of the great offence. The ev- idence, he contended, showed these two accused were even beguiled for a moment to listen to the suggestions of this rest- less schemer, Booth, yet there is no blood on their hands, and they are wholly guiltless of all previous knowledge of, and participation in, that “arch deed of malice” which plunged the nation into mourning. Both the accused ard their counsel have in this trial labored under disadvantages not in- cident to the civil courts and unusual even in in both the civil courts and courts martial the accused receives notonly a copy of the charge or maictment in time to prepare his defense, but also a list of the wit- nesses with whom he is to be confronted, and in the civil court itis usual for the prosecutor to state in adyance the general nature of the charge he expects to establish and the general scope of the evidence he expects to adduce. In this case the accused were aroused trom their slumbers on the night before their ar- raignment, and for the first time presented with a copy of the charge. they were unable to procure counse! until the trial had commenced; and when counsel were admitted they came to the discharge of their duties in utter ignorance of the whole case which they were to combat, except as they could gather from the general language of the charge, as Well as for the most part wholly unacquainted with the prisoners and their an- tecedents, and the consequence is, that the earlier witnesses for the Government were allowed to depart with little or no cross-ex- amination, which subsequent events showed was of vital importance to elicit the truth and reduce their vagaries of statements to more of accuracy. And he would add that this testi- mony hus consisted of statements of informers and accomplices, always suspicious, brought from remote places, whose antecedents and cnaracter it is impossible for the prisoners to 4 O'OLOCE P. m. THE CONSPIRACY TRIALS. Proceediny gs This Afternoon, THE GASE OF HEROLD. ARGUMENT OF MR. STONE. The argument of Mr. Johnson upon the ju- risdiction of the Court was followed by argu- ments in benalf of the prisoners. F. Stone, counsel for D. E. Herold, prepared @ paper, which, in his absence, was read by Jumes J, Murpby, one of the official reporters. ‘The counsel denies that there is any evidence that Herold procured, consulted, commanded or abetted Booth to assassinate the President. But of what guilt in this case is the flight of He is tound with and his flight in this case is not only evidence but constitutes the guilt that he has acknowl- It constitutes the guilt of his aiding in the escape of Booth, but no more. means follows because he aided Booth to es- cape that he aided him to kill the President. Herold was a weak, cowardly, foolish, mis- Booth exercised control over him, He knew some of the roads through lower Maryland, and Booth per- snaded him to act as guide, foot-boy, compan- ion This accounts for their companionship. The feeole aid that Herold could render to any enterprise was rendered in accompanying and | aiding Booth in his ilight, and nothing beyond. | That of itself is a grave crime, and carries with it its appropriate punishment. Tne counsel concludes the defense with the tollowing quotation from Benet on military w_and courts-martial : -¢ Where the punishments for particular of- fences are not fixed by the law, but left d crevionary with the courts, the above mandate or the Constitution must be strictly kept in view, and the benign influence of a mandate from & still higher law onght not to be ignored: that justice should be tempered with mercy.” A considerable portion of the opening of | Mr. Stone’s argument was upon questions of military jursciction of civil and penal laws in a territory governed by martial law; and whether martial jaw existedin Washington on | the 14th of April last During the reading of Mr. Stone’s argument, General Hunter annourced that one of the prisoners, Mrs. Surratt, was quite indisposed, and that in consequence the Court would take At ‘that hour the Court reassembled, and the reading of the argument was concluded. THE KASTERN TROOPS, The eastern troops of the 20th army corps, which were placed under the temporary com- mand of General Augur, have been formed into a division known as Bartlett’s, cen- sisting of two brigades. commanded by Brevet Brig. General Bough- ton, and 1s composed of the following regi- ments:—Sth Connecticat, Lieut. Colonel H W. 2d Massachusetts Colonel C. F, Morse; 16a Pennsylvania vet- eran, Major P. Griffith; 143d New York, Cap- tain E.H. Pinney. The third brigade is coim- posed of the following regiments, under the command of Brevet Brig. General G. W. Mundil:—2sth Pennsylvania veteran, Colonel John Flynn; 29th Pennsylyauta veteran, Lieut. Colonel G. E. Johnson; veteran, Major C. H. Gabriel; ilith Pennsyl- vania veteran, Celonel Thomas M. Walker: litth Pennsylvania veteran, John Craig; 60th Herold evidence? that even if body and soul. military trials. For the most part a& recess until 2 p.m. He was constrained farther to notice the man- ner in which the trial has been conducted. The accused were arraigned upon a single It described one offense of some kind, but bowever specific in form, it seems to haye been intended to fitevery conceivable torm of crime which the wickedness of men can de- The crime is located at Washington. yet we have been carried to the purlieus of Toron- to and Montreal, have skirted the borders of New York and Vermont, touching at Ogdens- burg and St. Albans, have passed down tne St. Lawrence and out to sea, inspected our ocean shipping, have visited the fever hopitals h Isles, and have returned to the prisen pen of Andersonville. and seen the camp at Belle Iste, and the historical Libby and enetrated the secret councils of Richmond, aye passed thence to the hospitals of the West and ascended the Mississippi, and at length terminated this eccentric career in the Under @ charge against the prisoners of conspiring to kill the Presi- dent and othersin Washington, Jefferson Davis and his associates have been tried, and in the judgment of many convicted, of starving, poi- soning, arson and other crimes too numerous He had apprehended that the would appear in a The first brigade ts 73d Pennsylvania Lieut. Colonel New York, Lieut. Colonel - Wilson; 102d New York. Lieut. Colonel . Hatfield; 33d New Jersey, Major N. K. Bray. The 79th Pennnsylvania, Lieut. Colonel DD Miles, and 35th New Jersey, Lieut. Colonel W. A. Henry, nave not been brigaded. Woods ot New York. counsel for the accu: false position by their apparent acquiescence in this wide range of inquiry, and therefore felt it due to himself at least to explain. his part he felt no interest whatever in resist- Ing the exposure of the misdeeds of the rebel authorities and agents. been to show that his clients had nothing to do with the conspiracy set forth in the charge. To the best of his ability he had scrutinized the evidence of that conspiracy so far as necessary to their defense, With regard to other matters foreign to this the first place the charge with a view to admit tnem inevidence. It imputesthat the accused conspired with Jefferson Davis and others to kill and murder the President, &c., with inteht to aid and comfort the insurgents, <c., and thereby aid in the subversion and overthrow of the constitution and laws of the United States; andon the principle that other acts constituting distinct offenses were sometimes admitted as proof of intent; foreign to the main issue have been putin NATOR BURNETT. Henry C. Burnett, a rebel Senator from Ken- tucky, appeared at Col. Ingraham’s office this morning for the purpose of taking the oath of As he was formerly a member of the United States House of Representatives, he could not answer favorably the question: «Did you leave a seat im the Congress of the United States to aid the rebellion?” but the oath was administered, however, in order to afford him an opportunity to make special ap- pheation under the amnesty proclamation to President Johnson to be restored to his rights as a citizen of the United States. His only concern nas igsue he had to say was artfully fra SECRETARY SEWARD’S FAMILY, Mrs. Secretary Seward is still quite ill with & continued fever. We are giad to learn, how- ever, from Dr. Verdi, who is attending her, these subjects that her symptoms are more favorable this bat By no possible ingenuity can these foreign matters be used to the prejudice of the accused. He had supposed that the object of introducing them was to bring to the public in tne shape of sworn testimony information of the prac- tices of the rebel leaders to which, however irregular the proceeding, he had no objection to interpose. He could not for a moment sup- pose that the object was to inflame prejudice against the accused because of their supposed remote connection with the authors of all these evils, and for want of higher victims to make them the escape goats for all the other atroci- ties imputed to the reoellion—to annihilate them to hush the clamors of the public for a victim or to appease the Nemesis that has re- corded the secrets et the Southern prison houses or the deadly deeds wrought by fire and pestilence. In regard to the igsue betore this Commission he had intended to confine himself to a simple review of the evidence, but cbaracter of the charge, the uncertainty with which they were lett with reference to the po- sitions to be taken by the Government, and the general course of the investigation pursued ad- monished him that he should present some legal consideration, at least. of a@ general char- Mr. Frederick Seward is now considered He is able to leave his bed and set up fora short time each day, and it is be. lieved that in a week er two he will be suf. ficiently recovered to visit his home in Al- bany, as he desires. out of danger. STAFF OFFICERS, In obedience to orders trom the War Depart- ment, bearing date of June 2, department com- manders have dispensed with the services of quite a number of general and staff officers, who were ordered to their respective places ot residences, from which they are now report- ing by letter to the Adjutant General of the FLAG RAISID The loyal ladies of Montgomery county. Maryland, have purchased a large American, flag, which is to be raised on Thursday after- Addresses will be made by Judge Richard Bowie, of Maryland, and B.T. Hutchins, of the Ist New Goi Hetchins is at present in command of the Rockville district. the anomolous noon at Rockville. Assuming for arguments sake that the Court has jnriediction io try the accused upon this charge he proceeded to discuss the grounds and limits of that jurisdiction and the mode in which it is to be exercised, submitting some general reflections upon the character of the offences set forth in the charge and specifica- tions as they are known to and punishable by the civil Jaw of the land, and proceeded to ar- gue how far this Commission, in dealing with (ent, isto be guided and restrained by that SHIPMENT OF CAVALRY HORSES, The Quartermaster’s Department is now en- gaged in making extensive preparations to ship @ large number of cavalry horses from tnis city to Little Rock, Arkansas, for the use of the cavalry regiments which are to beretained The first steamer with horses on board will sail on Wednesday. for service there. Mr. Cox in his analysis of the crimes charged said that below the grade of treason crimes are ranged under two general heads, viz: Fel- onies «nd misdemeanors, and proceeded to deal with the question of a conspiracy to commit a felony and then with a conspiracy to commit treason. Thence he proceeded to take up the question fof unexecuted conspiracy, and the arty involved in @ conspiracy draw from it, contending that he is not responsible for any act done by the others in prosecution of the objects of the conspiracy PROMOTED. Lieut. J. W. Sharp. un duty in Colonel Taham's office, has been promoted to a cap. taincy in the Veteran Reserve Corps, to date from June 9, and assigned to the 22d regiment. NEW NAVAL SQUADRON. Acting Rear Admiral Radford is to have command of the new Atlantic Squadron: which is to be composed of the North and South Atlantic Squadrons consolidated. {[>F rom Shillington, corner 44 street and Penn’a avenue, we have received an advance copy of Peterson's Ladies’ National Magazine These and other ‘were presented by of citations from legal authorities, The question how far tribunals sitting by virtue of martial law can depart from the es- tablished law of the land in its distinction be- tween crimer,ind its scale ef punishments was dealt with at considerable length, Mr. Cox then proceeded toexamine the ev- idence so far as was material to kis case. claimed in his analysis of proof that no active design against the life of the President was ou toot between Janvary and the early part ot And, further, from the evidence of the Government, that during that interval Booth was contriving an entirely different the capture of tne President and others. further appeared that that project was aban- doned, and the date ef the abandonment is fixed by facts referred to by Bo: detection .of some of the parties, the sale of horses, &c., and that date is ascertained to have been about the middle of March. Now it is clear that if any connection is shown tetween Booth on one hand and O’Langhlin and Arnold on the other, it existed only during the period when this surd project of capture was agitated, and ter- minated with that. Their fitfal stay in Wash- ington was only between February 10th and March isth By Arnold's confession it would i and if he is not mistaken,: O’Laughlin attended one meeting, about the middle ot March, to consider the plan of cap- ture, butso immatnre was the his connection with -it know the names of the others at the meeting,| two in number besides Booth, Surratt and At- At tbat meeting the difficulties of the scheme became apparent, and a rupture ensued be- ’ one , ately after put itimore. th told him he ‘might sel he h fact it 1s proved that he gave away, shortly after, to Ris brother. As to O’Laughlip, this confession but bis presence at this single meeting. This oints in this connection T. Cox, with & large array GOVERNMENT SECURITIES. Wasuineton, June 19, 1865. Jsy Cooke & Co. furnish the fol lowing quo- taticns of Government securities: bs Buying. U. & 6's Coupon 1681. oa Sailing 995% First Boarp. 20's, 10354; 10-40’s, 96 Coupons, 110%: 5- Uficates, 995; Gold, 142%. +02 ____ : Affairs in Georgetown. FLOUR aND GRaIn MARKET.—Flour—De- Boats Ardiuger and Ellen, with have arrived. s extras, $9.50 to $8.75. Grain—B ery arrived Saturday with Red is quoted at $1.95 to $2. CaNal.—The week be; coursging display of bu: oth, to wit: the mand active. #3; joat Sallie Bill. & cargo of wheat, gins with a very en- siness. The arrivals the Sallie Billmyer, wheat, to Chas. Ardinger, four, tO market; Anna Mario) ;,8c0w Camp, barrel staves, eca, sundries, to Ben, appear that he, George Waters; Hetzer, wood, Stone, to Castle; to G.L. Smith: Darby; and fifty-four boats, laa, 60 slight that he did not eee FS Co, Coots tons; Cay 217.2 tons; New Hope Co., Part of them te frou iar Hen proves nothing im division, an. breakin the cana! at Wade’: ea frdinG eorgeto wa. |i Ete 'svil G thbibrea! h suitable fo! asing snothe political character, and they tha PPR PSELLIRE bape Re DAs ueer Wee. apa" =a S called to see them, tt is evident that they re- tuced to heed the voice of the charmer, ‘onarm he never so wisely.” : From ©'Laugblin he received no response at all; from Arnold only the tetter offered in 6vi- dence. There are expressions in the letter which look to a continued renewal of their relations tn the future; but they were em- Ployed to parry his importunities. for the present. Qertainly all connection ceased from that time. If, therefore, any conspiracy at all be proved, by the utmost latitude of evidence, against these two accused, it was & mere unenacted, still-born scheme, scarce conceived before it was abandoned, of ® nature wholly different from the offense described in this charge, the proof of which does-not sustain this charge, and of which the gccused could not be convicted upon this trial For this Court is bound by rules of evi- dence which prevail in others, and one of the- most important is thatthe proof must corres- pond with the charge of indictmext, and show the same offense, or the accused is entitled to acquital And there is no evidence which con- Bects these two accused with that dreadful. conspiracy which forms the subjectof this. charge. There is nothing to show that during their brief intercourse with Booth at W ashing- ton that nefarious design wis agitated at all, certainly none that it was ever disclosed to them. Andif such conspiracy had any exis- tence it was in a state of slumbered suspense, awaiting that sanction without which it bad no motive, end, aim or life. Mr, Cox contended that the following con- clusions were established, viz Ist, That the accused, Samuei Arnold and Michaei O’Laughlin, had no part whatever in the execution of the conspiracy set forth ip this charge and its specifications. 2d. That if they were implicated in such con~ spiracy they withdrew from and abandoned it while yet wholly unexecuted and resting merely in intention, and are not responsible for any of the acts subsequently done in pur- suance of it, 3d. That there is no legal and competent ev- idevce implicattng O'’Laughlin im any con- spiracy whatever and implicating either O'Laugblin or Arnold in the conspiracy charged. ; 4th, That if there is any evidence against them of any censpiracy it is of one wholly dit-. ferent trom thatset forth in the charge and. specification, and upon these they must be holly acquitted. "He thererore clumed for them an absolute and unqualified acquittal. That the accused were wrong in ever joining the rebellion against their Government no one will deny; that they were wrong in ever lis- tening tor ® moment, if they ever did, toany propositions from that wicked schemer Booth, inimical totheir Governmentno one wiil deny. But it would be to insult the inteiligence of this Court to waste time in showing that this Court are notsitting in judgment on all the errors in the lives of these accused; but to decide the sin- gle question whether they are guilty of conspir= ing to kill and murder the President, Vice Pres- ident, Secretary of State and the General in command of the armies of the United States, and ot the acts charged against them severally, in pursuance of said conspiracy. PLACED OUT OF CHARTER. The Quariermaster’s Department bas placed outot charter nearly allof the vessels used here in the transportation of stores, troops, kc... retaining very few in addition to those owned by the Government. As the business of the transportation office has been greatly reduced since the sudden collapse of the rebellion, a number of the vessels owned by the Govern- ment will be disposed of shortly at public sale. POINT LOOKOUT, The rebel] prisoners in camp at this place are being released as fast as possible, and in & week’s time will doubtless all be set at liber- ty. Each boat that arrives here from Point Lookout brings up 8 large squad, whoare here furnished with transportation to their homes by Colonel Ludington. APPLICATION FOR PARDON The applications of prominent rebels for par- don in accordance with the provisions of the amnesty proclamation, are becoming quite nu- merous, but as yet President Johnson has act- ed upoh but few of them. To-day one rebai Senator and one Congressman filed their ap- plications. u ISSIONER OF THE BOARD OF ENROLL COMM. ) ae As there is no longer any necessity for a Commissioner of the Board of Enrollment of the District of Columbia, that office has been abolished, and Mr. Alexander Jone=, who filled the position with credit,” relieved from further service in that capacity. ARMY OF TILE POTOMAC. About fifteen thousand men of this army ‘were sent home during the past week. There are yet about 9,000 more men to be mustered eut. LOOAL NEWs. sii SSeS DISORDERLY.—Yesterday morning officers Barclay and Miller arrested Saladen alias Tip Snyder and Harry Carroll for assauliing and beating Joseph Huff and P. B Smith, soldiers, at the ranche, corner of D and 13th sts., called “The Office.” {t appeared in evidence that Hoff left £400 Saturday night at ‘‘The Office” tor safe keeping by Carroll, and went Sunday morning to getit. Carroll denied that he left it there, and with Snyder feli upon Huff and beat him. Lientenant P. B. Smith, went to “The Office” to look tor some of his men who Were missing, cnd Carroll assaulted him, otn- ers followed, and in the fray someone of the party seized the Lieutenant’s watch breaking the back off. Saturday Carroll was arrested by officer Drane tor assaulting a soldier. dis- arming him and breaking his musket. Justice Drury held the parties to bail for court. In the meantime they will have a hearing before the military authorities. re ‘THE SMITHSONIAN RanoBrs.—The police of the Third Ward have determined to use their best efforts to ria the city of the gang of voung scamps who Dave been annoying the marker people and robbing soldlers and others in the Smithsonian grounds. Most of these offenders are from New York and Philadelphia, ana appear to be perfectly familiar with petty crime. a ee Horse STEALING.—Yesterday, John Brad- igan, a soldier, entered the railroad stables, selected a horse, and rode off. He was arrest- ed by Officer Hanes, of the second precinct, and sent to jail tor court by Justice Waiter. Sea Look out for the Ryland Chapel Sabbath School excursion to Fort Washington next Wednesdsy. A delightful trip is anticipated. SR Ee I CREAM! IQE OREAM!! ICE CREAM!!! P. J. NEWMAN’S ICR ORBAM SALOON, 261 avenue, near I2th et. Confectionery and Fancy Cakes always on hand. Je 1s3t" RESTAURANT AND BAR FIXTURES PO A sale, now doing a good basiness. Berson wishing to purchase will do well to call on the premises, No, 129 F street, bet 2'st and 29d ste je 19 Iw* MABY TIDMIMONS. QPLLING OFF, without regard to cost, all re: maining stock of SUMMEB MILLINERY, & Ladies would do well tocall and get a CHEAP BONBE®? at 414 7th street, up stairs, opposite the 6. LOYD’ 0 >! a B OBEAM,— LLOYD SORABOS COUNTY Warrasted the ets in the city. ron Cas: Li'Siars suai lag orem YS *SAMUBL LLOYD, 390 lith street, between _Je8-1m* K and avenue, Ww FIBRW' FrURewoRks! oy works: PIBBWORKS! Fi it private gale to pared Tecuri tes ar gaa eatiate ¢. trade. bei @ largest variety, B Tees fell, A Marna, ty ate jan 5 ec. g7ex olered in this city: ‘Trade supplied et Now Bi 7. B, LEWIS & CO., a serret "Pwo. 307 Penuspinaee reer. YNCHBUEG TOBAOCO —A smal) f firet L cally Killikenick. 25 tba Tulsia teach y. ticle not to be had again. Apply soon. ALFBED HUNTRR, Book Store. owinmemite Gibeete Thestee: 4M NOW LYING AT BLEVENTH at I a — Pha carry Eetant tata at ms parts . rr Gpot. EDWARD Riaason. Of the sehooner Promise, now lying at the oot of 1ith wharf. 5 dea Us? ENOFIVED PROM 7HE NEW 1% jection gears if r . “oh Borat ne ‘sample q@oods, we offer.at private Give s : one of ie atuen pu tasnes a8 0% stock ec = Fthaoc D i ved ti bast kipd MAN LINEN: sousicgicg ia ieee, ener ae beer ride i amy$0-1m™ wa atom pic *h, une QAARy