Evening Star Newspaper, June 20, 1865, Page 1

: a TL THE EVENING STAR! PUBLISHED DAILY, (EXCEPT SUNDAY.) A? THE STAR BUILDINGS, Southwest corner of Penn's avenue and 112 street, By W. D. WALLACH, ———_ The STAR 1s served by the carriers to Melr subscribers in the City and District for TWRLv2-AND-A-HALP CunTs P2R WEEE. PricB FOR Martine :—Single copy, Three Cents; ome month, Seventy-five Cente; three Months, One Dear and Fifty Cents; six months, Three Dollars; one year, Siz Doliars. No papers &re sent from the office longer than paid for. The WEEKLY STAR—published on Fri- Gay morning—One Doilar and a Half « year. pe SA Wrote anced peste Pp*rosars FOR FORAGE, Chief Quartermaster’s Office, Depot of Weshingion, Washington. D. C., Feb. 13, 1808. BRALED PROPOSALS are invited by the andor- for sopelring the U. 8. Quartermaster’s Department. at Washingtor, D,O,, Baltimore, ,» AleXandris and Fort Monroe, Vs., or either of these places, with Ha Corn, Gata and Straw. Bids will be received ‘for the delivery of 5,000 * Pashelsof Corn or Oats,and 50 tone of Hay or Straw, and eres: Bidders must state at which ef the above named Doints they wepeee. to make deliveries, and the Fates at whiew they will make deliveries th the quantity of each articie proposed to be deliver- ea, the time when @aid deliveries com- menced, and when to be completed. he price must be written outin wordéon the Dids Core to be put uP in good stont sacks of about two Cashels each, Oats in like sacks of about three bushels each, The sacks be furnished charge to the Government, Tae to he securely baled. kind or description of Oats, Corn, roposed to be delivered, must be posals, i the articles effered under the bids herein in- Yited, will be eubject tos rigid inspection by the Government ins rT, before being aencpted. ded me to time to jontracts will ‘at 3 the lowest responsible bidders, a8 the interest of the Government may reqirire, and payment will be Wade when the whole amount contracted for shall Rave been delivered and accepted. The er will be required to accompany his Proporal with a guaranty signed by two res fible persens, that. in case his bid be accepted. or they will, within ten days thereafter execute the contract for je game, with good and sufficient sureties, Sum equal to the amonnt of the contract to deliver the articles proposed in coxformity with the terms of this adver- tisement; and in case the said bidder should fail t enter into the contract, they to make gvod the dif- ference between the effer of raid bidder and the next lowest responsible bidder, or the »erson to bi pom son stact ming 7 awarded. i he msidility ef the guarantors mus: shown by Bie Official certificate ef a United States strict Attorney, Collector of Customs, or an other officer under the United States Government, Or responsible person Enewn to thia offices, All Didders will be duly notified of tue acceptance Or rejection of their proposals. The full name and post office address of eash bidder rust be legibly writtea im the pro- posal. Proposals must be addresred to Brig. Gen. D. H. Rucker, Chief Depot Quartermaster, Washington = Ge ane should be plainly marked “Proposals Bonds in a sum 4qtal to the amount of the con- tract, signed by the contractor and both i Srantors, will be uired of the suceessful bid- F or bidders upon signing the contract. Bis.ik ferms of bid i De obtained upon spp ication to this office. All proposals received under this advertisement Will be opened and examined at this office on Wed- d Baty sh week at 12 m. Bid- to be preseut at the ¥o2-tf Gen’l and Q CF QUARTERMASTER’S OFFICE, Durov oF WASHIZCTOR, Wasmincron. D.0., January 4, 1344, % Hardwace, Luraber , Leath- 088, aD lery.are re ented to send to thie office, on MONDAY of each PI ist, in duplicate, of ine are esecred to furnish to this Depot ice, with the price of each marked iz plain fgures, #0 that, in case the exigencies of the require it rticle or arcicles can be ob- Deal-re wiohing ttf state Boyt Sus will be re- to faraian i juired See the ctaell Cit ad D. H. Brigadier Geol and Ohief a. Fe Denotof Washingt DENTISTRY: vs pared to extract, fillor on Gold, Silver or Valcanite, im the est manner, on the most reasonable terms, and irregularity of the teeth corrected. jatia on guarantied in all cases, ané I respect- y solicit a share of your patron: ‘OMB. ieS-Im* No. 249 Sth st, bet. N and O north. Gt DISCOVERY IN DENTISTRY. TEETH EXTRACTED WITHOUT PAIN. I would advise all having teeth to extract to call at DE. LEWIE’S off: and have them taken out without pain. Also, cai] and examine the Doctor’s new (Sey method of inserting ARTIFICIAL" you once see the great iraprovement in histesth, you will have them in no other style than this new and valuable one. Teeth inserted oa Gold, Silver and Plates at the old prics, as we ice on our work aince the os change in gold. 0. 242 Penn’s avenue, streets: ae Bubber . between 12th and 18th 8. R. LEWIS, M.D., Dentist. JaMBS §. TOPHAM & QO. ; TRUNK, SADDLERY: PEEMIUM ANB MILITARY EQUIPMENT MANUFACTORY, WHOLESALE AND BRTAIL, ws wr soo uu BVYENTH STEBST. One Door North of Odd FeRows’ Hatt, Where they continue to man_facture and hav on sale a large and Sne assortment o TRUNKS. VALISES, TBAVELING BAGS, SADDLES, HARN ESA, HORSE COVERS, ILITAEY BORSE 2QU0FPMENTS, EBWORD BELTS, HAVERSACKS, WHIPS, BITS, SPURS, ae. ae. &e., AT LOW PRICES. REPAIRING, Trooke, &c., repaired promptly and thoroughly, THERES SILVER MEDALS awarded by the Maryland Institute of Baltimore October Slat, 1864; also, the highest premium. a Dronse medal, by the Metropolitan Mechanica’ Institute of Washington, D. C., in 1857, SOLE AGENTS Por District of Columbia and Alexandria, Va,,for ESANK MILLER’S QOBLEBERATED PREPARED BARNES OIL, 2 scpplied at the lowest ted ¢-19 PAOTORY PRIONS, JOHN D. BDMOND « CO... 513 513 513 7th street, between Dand B, NATIONAL INTELLIGENCER BUILDING, DEALERS (0 BUILDER'S, BLACKSMITH’S, HOUSEHOLDand GENERA, dARDWARE and CUTLERY, Gut and Wrought Nail ik Borse shoe Nails. Wasps, Files, Sprin, Axictrees, Nuts and Washers, Anvils, Vices, Shovels, Picks, Axes, Rope, Glue, Split Cane for chair bottoms, aH of which we offer at 51 3 THR el 5 CASH PRIOR, t x 1b 14-ly] 513 ND FRESH MRDIOINBS.—Alvo, Hem- P ats ayers, and all other Medicives ar ere Also. Ob Peg of the ar c. it an ao! : Store, my 20. = ne Woe rere avenl THING OF BRAUTY 18 A JOY FOREVER, Those whe. < — tee Sn lexion, t an 00% Bolus CoMCaNeRatap Sxttace, - ry joes. Reco! . Ask Ro oth- ont medicine tor Heimbeld’s, JNDER THB BAN; « tale of the nimetesnth U estery. The Army Surceon'’s Manual; DY } a tl te aS Bacrshebs; by Rev. J.P. Wo “ wan nov 19 __ FRANOK TAYLOB TLLIARD TABLSS FOR BALE — Thy subscri THRES FLAST OLasa Beets FABLES, nearly newt which he will of very low. uire at the os room, corner iif at. and ennsylvanis av. tele ON OR INGONTINENOS a WAANOK TAYLOR. + AMUSEMENTS, CANTERBURY HALE, MUBIG {SAuESEY Hae’ MUBIO a SREEREUEY HALLS axD CANTERBURY TORATEE LovrsiaNé AVENUS, BEAR StxTE SYREBY, Bear of National and Metropolitan Hotels, 5-9 L AazD THRATES ALL GEORGE LEA—.__._§___._.,____.__Proprieter A lacof the Varieties, New York, and Qanterbur Alexandria, Va. ad J08H HART —.——___.____._.,Btage Manager ALL NEW &TARS, ALL NEW BTABS. ALL NEW &Taks, ALL NEW STARS, ALL NEW BPARS, ALL NEW 8TA THE WONDER OF THE WORID RETURNED. THR WONDER OF THE WORLD RETUBNBD. THE WOFDER OF THE WORLD KRETURNED. THE WONDER OF THE WORLD RETURNED. THE WONDER OF THE WORLD RETURNED, THE WONDER OF THE WORLD RETURNED. NINO EDDIE, NINO BDDIB, NINO BDDIE, NINO EDDIE, NINO EDDIB, NINO EDDIE, NINO EDDIE, NINO EDDIE, NINO EDDIE, NINO EDDIB, NINO BDDIE, NINO EDDIE, NINO BDDIB, NINO EDDIE, NINO EDDIE, NINO EDDIR, NINO BDDIE, NINO BDDIE, NINO EDDIE, NINO EDDIB, NINO EDDIE, INPANT BLONDIN, INFANT BLONDIN, INFANT BLONDIN, LON DIN, LON DIN, TERRIFIO yRATS TEHERIFIC PEAT! * “are without s parallel in the world, wil) appear TO-NIGHT. TO-NIGHT, TO-NIGHP, ADA TESMAN, the only Rival of the Beautifal JULIA MORTIMER, JULIA MORTIMER, JULIA MORTIMER, JULIA MORTIMER, THE CHARMING CANTATRIOE. THE CHARMING CANTATRIOK. First week of the Dramaof the PEOPLE'S LAWYER. EOPLE’S LAWYER. PEOPLES LAWYER, Robert Howard, the People’s Lewy eon aur, MIFS ADA WHITE, 3 ADA WHIT, Miss ADA WHITE: AW MIS8 ADA WHITE, The Champion Jig Dancer. THE FAVORITES, BMERSON, REDDEN, Es eapnen. AN, . . MUL GAN, IBSON, RBDDEN, In New Ethiopian Acts. BOQUET OF BEAUTY, BOQUBT OF BBAUTY, BOQUET OF BEABTY, Consirting of THE THE THE IT, ADA WHTEY BOYD, Ina variety of Terpsichorean Displays. BRY SATURDAY. ERY SATURDAY. EVERY BDAY. IR EVERY SATURDAY. MATINBS EVERY BATUBDAY, Previous te the Performance NING EDDIR NINO EDDIE will make his SION GRAND AscaNsION GRAND ASCENSION MULLIGAN’S BENEPIT, 10K our oR MULLIGAN’S BENEFIT, Which will take placeon TUESDAY, June 7th: THOMPSON AND EMMA ee pascinating Dancera; also, LEY. iB est, Vacs ae Profession; alse, The unrivalled naats, with reveral others, © “are epgaged and willanorily appear, MISSES ane MI pita AMUSEMENTS. WASHINGTON THEATER. Corner Jith and 0 streets, noar Penns. ave. Enthusiastic reception of Gitta Acti Tas Gini, B a er TURSDAY BVBNING, June 20, 1865, the ever Ropnlas Drama of NCHON, THE ORIOKET, supported by the favorite Actor. . MR. 0. HANCHETT, and the entire Company. GROVER’S NEW THEATER. Pennsylvania Avenue, near Willard’r, THIS (TUESDAY) BVENING, Jane», BENEFIT OF NB. TOM HaMPTOR A TREMBNDOUS BILL! Becond mupoarenee ae McCoLy r. J. The beautiful favorite, COLON. » MISS SUSAN DENIN, iniivo CHSTAStaTA: th irst appearance o: @ accompli ance ott reach ished Danseuse, The great moral Drame of T NIGHTS IN A BAR ROOM. Grand Spanish Dance. by........ Mlle Augusta Bong (in character), Tramp, Tramp, Tramp, ( Libb 1 bY, Mr. Geo! Roscoe, concinde with Shakspeate’s Comedy, KATHERINE AND PETRUCHIO. OXFORD: OXFORD! OXFORD) MUSIO HALL AND THEATRE, Ninth street, fronting om Pennsylvania ayenne IMMBNSE ATTRACTION THIS WEEK First week of the highly gifted i i week o! ¢ Wonder i - i PETIT @ nineteenth cen. tury, ANGELO, ANGELO ANGELO, Only pine years old, who will appear in the mag Dificent Gymaastic Act entitled ZAMPILAEROBT ATION, excelling Loetard and the Hanlons for grace, da- ring and number of feats. First week of the great Anthor and Artist, REST 8, LEAVITT, A in bis unrivaile be NJO 8OLOB and Ethiopian Delineations, First week of FRANK DONALDSON, the wonderfal Gymnast and Pantomimist. Firet week of WILLIAM GRAY, general Ethiopian Oomedian. MATINES every WRDNESDAY, 15 and 25 cts, Friday, J .¢23d, benefit of Mr. MCKERGAN. Je19 nm _FOX & OURRAN, ‘Managers. GPayp CONCERT oF VOCAL AND INSTRUMENTAL MUSIC, ACCOMPANIED WITH DECLAMATIONS AND DIALOGUES, BY THE BRASS BAND OF THE HOUSE OF REFUGE, OF BALTIMORE CITY. There accomplished young Musicians will, by special invitation of the City Councils of this city, give a VOOAL AND INSTRUMENTAL CONCERT ATP ODD FELLOWS’ HALL, (Seventh street,) ON FRIDAY EVENING, JUNE 23. 1865. The Mosical Performances will accompanied by entertaining Declamatio id. Dialogues. The band consista of twenty-five boys, from ten to fourteen years of age. era eenmiae may be obtained at the hetels and i ee Pe tees OAS Faserved 1, To be ob- tained at the principal bookstores, at the hotels, and of members and ex members of the City Qoun- soy and at the door on the evening of the con- Reserved seat tich bookstores of Charle: . And m,7th street. 4nd Hudson Taylor. Pennsylvania avenue, and of Spore son at Tie lock, Bxercises commence joors open a! o'clock, Bxercii ate’ o'clock. Selo tt GD. sMiTH’s ° WILy Unonnr romro DIrrens, we. To This PROPHYLATIC is sola byall Draggists and Grocers. This great PANACEA has been established 2) years. Its medical properties are TONIC, ASTRINGENT AND AROMATIC, It will eradicate all derangement of the STOM- ACH and BOWELS, It gives STRENGTH AND BEAUTY TO THE YOUNG, REJUVENATES THE OLD, Cures DYSPEPSIA, LOSS OF APPETITE, INDIGESTION, LASSITUDE OF 8Y8TEM, CHRONIC DIARRH@A, DYSENTERY, JAUNDICE, AGUE AND FEVER. OBTAIN A CIRCULAR, in which MY be found testimonials of PEOPLE WELL Washington. 3-1m YSPEPSIA AND FITS. 1—A'SU: EB for these distressing com- vamecbeuanetat Rate Batted seem — i an al e - FITE—on Foreign ape DO PUALPARROWN. FITg—The prescription was furnished him in such —a providential reper thi ae cannot con FITS—scientiously refuse eit Koown a8 it je — everybody FITS— ever neving failed 1 Je case. It it _ ly sure in case! Fi of Dyspep- FITS. d the ingredients may be obtained —fro any Drugaiat. Bent Free wan ca ae i—cei cents 'e-pay pot etc. FIT Eeitees Di_O, PAELES BROWN, No. 19 FITS—Grand Street. Jersey City,N. J. jels-6t PEE & SONS W ™. 3. HOCrINURACTURERS TWINES AND NETTING agD Dealers in articles nsed b FisdEBusN. streets, Balti- tals corner of Pratt and South ate oe 7 OTION.—For sale 250 setts of 2and 4 horse sec- ae hand HARNESS and la’ Fe, lot SADDLES and BRIDLES. Apply to H. 8. JOHNSTON, No. 373 Pennsylvania avenue, between 4’¢ and 6th streets, opposite National Hotel. je 2-1m' B WEAK = AND. IMPAIRED EYSSIGET, Originating either from infirmity of age, general debility of the nerveus system, protracted sick- to far or near improved and s,or from natural disposition tightedness, will be restored, strengthened by RAZILIA! ufactured from genuine I giving easeand comfort to the cptis nerve, and ti between 12th and 13th sts: also, ve., National Hotel Building. u@ ARTIFICIAL HUMAN EYBBS inserted with- ont causing pain, and made to correspond in color, size and motion with the natural one. je9 NOT!°* sane OF ABMY MULES. MASTER GENERAL'S OFFICE, ints: DO. May 28, 1855. ¢ WASHINGTO: MANY THOUSANDS OF MULBSare being dis- na ber of ani- sales © ontinas 4 mals is reduced {a proportion ¥o the reduction of Pr. our: a winere rein. Tas arinios of the Potomec. ote q O88EO . eor TEQURAND™ OP rae Finaby Bik aULe TEAMS IN THE WORLD. Many of them were bought in the beginning of the war, st. young mules, accompanied the armirs in all their marches and camps, and are thot- oughly broken, bardened by exercise. tle asd amSUBes from being so long surrounded by tre soldiers. ith is stripped of farming stock ache North also bas safer a from the drain o! pale wee mata CPs extion aE tanta Rg 3 WILL NOT BEING ANYTHING LIAS THEIR TRUS VALUB; and such opportunities for farm- ersto get work fig anbraate vo stock their farms and for drovers and dealers in stock to make lations, by purchas'ng them and disposing of in the douth, will never teceay Quartermaster Gener my 29 ot Brevet Major General. BROME’S HAIR COLOR RESTORER FOR BE- J in ri, color Without the tionvenies 3 ce gg the uss of a dys, Bold by all drug, 76 cents per bottle. EXFORD’§ MEDICATED GEE BREAD NUTS, for worms, unriv: in efficacy, and pecatieny aaeer for children, being eaten asan ordimar: e. Wor sale by druggists. Price 250en per box. jan 19-eoly az SERVICE MAGAZINE for mtents: Bhi TATES NITED 8: Go: mne, 1865. — erman’s Truce; ‘hat the Coast Burvey has gone for the War; » as 's Bixt: ys im the Care 5 Eeoking the Bubble; Military Beading: A Word abeu Slang; Arm; Movements 'y Capture and Escape from Mosby: The Fi loquence of Napoleon; Bowe from the War; = Dorandus, For sale by FRANCK TAYLOB. N°, 3,837. THE CONSPIRACY TRIALS, THE CASE OF HEROLD. ‘We made yesterday such brief mention of the argument of Dlr. F. Stone in the case of Herold &s we were able to do so. In his argument, Mr. Stone proceeded first to consider what is the law governing the case as to the crime and the punishment, upon the bypothesis that martial law generally was in force in the District of Columbia on the lith of April, 1605, and still so continue in force; and in the second place to consider whether mar- tial 1aW id, in fact, exist within the District of Columbia on the 14th of April, and does now exist, and to what extent. Dealing with these matters at considerable length, he proceeded to examine the charge in this case. The parties accused are charged with & conspiracy in aid of the rebellion, with murder, with assault with intent to kill, and with lying in wait. Itis extremely doubtfal from the language of the charge and the speci- fications under which of the tollowing crimes the accused, Herold, is arraigned and now on his trial, viz: I, Whether he is on trial for the crime of conspiracy to overthrow the Government of the United States, as punishable by the act of Congress of tne United States passed the 3ist ot may 1861; or, II. Whether he is on his trial for giving aid and comfort to the existing rebellion, as pun- ishable vy the act of Congress passed the 17th of July, 1862; or, 111. Whether he is on trial for aiding and abetting the murder of Abraham Lincoln, President of the United States. His counsel well understands the legal defi- nition o/ the three crimes above mentioned, but does not understand that to either the common law or the law of waris known any one of- fence comprised of the three crimes mentioned in this charge. He knows of no one crime of @ conspiracy to murder and an actual murder, Allin aid of the rebellion, distinct and sepa- rate from the well-known And defined crimes of murder, of conspiracy in aid of the rebel- lion, or of giving aid and comfort to the rebal- lion as defined by the acts of Congress. It is extremely doubtful, from the language of the charge, whether the murder of the President of the United States is not referred to as the mere means by which the conspirators gave aid and comfort to the rebellicn—whether it was not merely the overt act by which the crime of aiding the rebellion was completed. ‘The language of the charge and of the gener- al specification, as well as of the special speci- fication, leaving it doubtfal whether the ac- cused is charged with all three or any one, itis necessary for his counsel to present his de- Jences to all three of the crimes mentioned in the charge and specification. First, as to the crime of conspiracy. What evidence is there of the accused, Herold, hav- ing conspired to murder the President, or to aid the rebellion and overthrow the Constitution and laws of the United States? The evidence pron that point consists of but very few acts. The first that is necessary to notice is the tes- timony of Weichman, who says that he saw Herold once at Mrs. Surratt’s since he went there to board, which was in November, 1561. It is hardly possible that this Commission will take a single visit of a young mian to a house, where there were both young men and young ladies, as evidence of complicity in a conspira- ey of 80 grave and heinous a character, espec- jally as the same witness deposes that Herold ‘waa a pre vious seauainta: of the Surratt’s, ao he bad seen Nim oefore they moved to town, down inthe country, at a serenade there some { eighteen months before. he same witness (Weichman) also deposes that once in the winter of 1865, he, Holahan, Atzerodt and this boy Herold went to the theater and geing down the street, he (the wit- ness, Weichman,) and Holahban going in ad- vance, they found that they had outwalked the other three of the party; that the witness (Weichman) returned, and found Bogth. Anse anda ereessy * Fos end Lenya ih Giose conversation near a stove,” and pon his going in they invited him to take a drink. If the fact of two persons gine to a theater to see a popaiss play, and leaving that theater with the addition of a third, and stopping at a restaurant and taking a drink, or standing all three (as in the witness’ opinion) in confidential conversation, is an evidence of conspiracy. Probably half of the population of ashington city during the winter could be convicted on the same testi- mony. The only other testimony is that of John M. Lioyd, who deposes that John Surratt and Atzerodt, some weeks belore the assassination, assed bis house, and that on their return erold was with them, Herold being in a buggy alone; that they stopped at his house and took drinks: that John Surratt took him (Lloyd) out by himself, apart from Herold. Out of Herold’s sight and hearing, and handed him (Lloyd) two carbines. There is no evi- dence whatever in Lioyd’s testimony that Herold had the most remqte knowledge that Surr&tt had given Lloyd the carbines, There is one other point which was given in evidence by the Government, and that is the testimony cf the witness, Taltavaull, the res- taurant keeper, who deposes that one night, either Friday, the night of the assassination, or Thursday, the night before it, Herold came into kis restaurant and asked if Booth: had been there. These facts would probably convict fifty people; but they do not give either separately or collectively the slightest evidence that this boy Herold ever conspired with Booth and others in aid of the rebellion, and for the over- throw of the Government of the United States, In the special specification there are two things charged. The first is the murder of the President of the United States; the second, aid- ing and abetting Booth in his escape from jus- tice after the murder. An accessary after the factis thus defined:—“‘An acceesary after the fact is one who, when knowing a felony to have been committed by another, receives, re- lieyes, comforts, or assists the felon.” There is no reasonable doubt from the evidence in this ease, that the accused, Herold, was guilty ot aiding and abetting Booth in his escupe trom justice. Of the fact that the boy Heruld ‘was an Sider and abettor in the escape of Booth, there is no rational or reasonable dorbt. He was clearly guilty of that crime, and must abide by its consequences. But the accused, by his counsel, altogether denies that he was guilty of the murder of Abraham Lincoln, President of the United States, or that he aided and abetted in the murder of Abraham Lin- coln, President of the United States, as set forth in the specification and the charge. Herold is charged in the charge with the murder of the President. It is shown as clear- ly as the sun shines that he did not do the murder with his own hands, that he did not strike the mortal blow; and the only question that ean arise under the charge and specifica- tion and the evidence in this cause is whether he wassuch an aider and abettor as would mske him equally guilty with the party who did strike the blow. As to the second branch efthe definition of a principal in the second degree, was he con- structively present? He was not actually present, as we have seen above. Was he then constructively present? That isto say, in the language last quoted from Wharton, was he, ‘with the intention of giving assistance,” “near enough to afford it should the occasion arise?” What savs the evidence on this point! John Fletcher, the only witness who mentions Herold atallon the 14th of April, 1965, says that he saw Herold at twenty-five mintes past ten o’clock that night riding on horseback, slowly,on Pennsylvania avenue, near Wil- lard’s Hotel, coming from the direction of Georgetown: that his horse seemed tobe some- what, though not very, tired, and gaveey dence of having been ridden. The main por- tion of the testimony places the assassination of the President at fifteen minutes after ten o’clock. That the assassination took place in the midst of a crcwded theatre, there is no coutroversey or dispute. Now, what possible assistance could the ac- cused have rendered to a murder committed within Ford’s Theatre about the time that he was ridingslowly down the middie of Penn- sylvania avenue. zs But it may be argued that the accueed'said O Jett, & witness produced from the State of Virginia, “We are the assassinators of the President.” If the Court will examine, they will find that this declaration was qualified one moment after it was made; that, pointing to Booth, the accused said. “Yonder is the as- sagsinator.” Herold 1s on trial for his acts, and not for his words. It is shown conclu- sively in this case that Beoth, and not Herold, assassinated the President. It Jett heard ac- curately the words used by Herold, taken in connection with the facts disclosed to this Conrt, they only disclosed to Jett the charac- ter of the party. Declarations are only a means to arrive at the trae character of acts. They must be taken in connection with the facts of every case; and it is clear from every particle of the testimony in this case that Herold was not the “assassinator” of the President, and even if he used the words as repeated by Jett, the meaning is clear enough; he meant to des- ignate and paint ont to Jett, the witness, the character of the party that he was with. _ Butit may be urged that the fight of Herold is evidence of his guilt. It is true that flight unexplained is always regarded as evidence of guilt, but not conclusive evidence. “By the common law flight was regarded so Strong a presumption of guilt that, in cases of treason and felony, it carried forfeitare of the Person’s goods, whether he was found guilty or acquitted. These several acts, in all their modifications. are indicative of fear. which, however, may sprivg from causes very differ- ent from that of conscious guilt. Mr. Justice Abbott, on the trial of Donnall for the marder of Mrs. Downing, observed, in mis charge to the jury, that a person, hewever conscious of innocence, might not haye the courage to stand a trial, but might, though innocent, think it best to consult his safety by flight.”— Whar- tom, 4th edition, § 714. But what guilt in this ease is the flightof Herold evidence of! He is found with Booth, and his flight in this case is not only evidence, but constitutes the guilt that he has acknowl- edged: it constitutes the guilt of his alding in the eseape of Booth, but no more. It by no means follows because he aided Booth to es- cape, that he sided him to kill the President Itis bad reasoning to conclude that because he was guilty of one crime he was guilty of others. g Bur it may be asked, why did he leave in the desd hour of the night with a murderer! A slight glance at the relative character of the two men may explain this difficulty. Johu Wilkes Booth, as appears trom all the evidence in this case, was @ man of determined and res- olute will, of pleasing, fascinating manners, and one whe exercised great influence and control over the lower orders of men with whom he was brought in contact. He was a man of means, quite a prominent actor, fine in personal appearance and manners, and an adept in athletic and manly exercises. All the force of his mind, all his means, and his time in the winter of 1565, were devoted to get agents to aid in his desperite enterprise. In bis search he met with Herold, then out of employment, and he at once marked him for bis own. Who is Herold, and what does the testimcny disclose him to be? A weak, cowardly, foolish, miserable boy On this point there 1s no con- flict. Dr. McKim, who probably knew him best, and in whose employ he has been, de- clares that his mind was that of a boy of eleven years of age, although his age actually was abont twenty-two—not naturally vicious, but weak, light, trifling, easily persuaded, good tempered, ready to laugh and applaud, and ready to do the bidding of those around him. Such a boy was only wax in the hands of a man like Booth. But though Booth exercised unlimited con- trol over this miserable boy, body and soul, he foand him unfit for deeds of blood and vi- olence; he was cowardly; he was too weak and trifling; but still he could be made useful. He knew some of the roads through lower Mary- land, and Booth persuaded him toactas guide, foot-boy, companion. This accounts for their companionship. There is one piece of evidence introduced by the Government that should be weighed by the Commission. Itis the declaration ot Booth, made atthe timeof his capture: “I declare before my Maker that this man is innocent.” Booth knew well enough, at the time he made that declaration that his hours, if not his min- utes, were numbered. In nacures the most depraved thereecems to be left some spark of a better humanity, and this litle remnant of a better nature urged Booth to make that decla- ration while it was yet time todoso. What did he mean by that declarat‘on! Not that Herold was not guilty of the act of aiding and assisting him (Booth) to escape; but what he did mean, and what he tried to convey, was that Herold was guiltiess of the stain of blood being aon his hands, either as an accessory before the fact to the murder of the President, e ox as al alder And abettor any other deed of viotence- = USt murder, or D summing up Mr. Stone contended that should the Court determine that Herold was one of the conspirators, it is not to be taken of itself as any conclusive evidence that he aided or abetted in any manner the murder. He called the attention of the Court to one ot the most important and most thoroughly es- tablished rules of the common law in the in- vestigation of all crimes, and that rule is this: That whenever upon any question there should arise in the minds of the investigating tribunal any reasonable doubt, the accused should havethe benefit of that doubt. This rule has met with the unqualified approbation of every judge in England and America whose name adorns the judicial history of either country. Can the Court say, from the evidence before them, that, on the night of the i4th of April, 1565, the accused, Herold, was in asituation where he could render aid in the actual mur- der ofthe President! Taxing into considera tion the mode and manner of the execution of thet murder, and Herold’s position from the time of its commission. it seems that is almost, if not quite, clear that he was not in asitua- tion where he could render such aid. Can the Court say beyond a doubt, then, that he was an accessory before the fact! Can they s: that Herold did procure, cemmand, or abt Booth to kill and murder the President of United States! Ifso, what word or deed Herold’s can they point toin this record that does amonnt to procuring, connselling, com- manding. or abetting? There is clearly rpne. The feeble aid that he could render to anyen- terprise was rendered in accompanying and aiding Booth in his flight, and nothing beyend. That of itself is a grave crime, and carries with itits appropriate punishment, The argument of Mr. Cox (a synopsis of which we gave yesterday) followed that of Stone, and no other of the prisoners’ counsel being prepared to proceed, the Court adjourned until to-day, Tuesday, June 20, at two o'clock, with the expectation that Mr. Ewing may then present the defense of Spangler. Mr. Ewing will also make the defense for Arnold and Dr. Mudd, but not until Mr. Aiken has spoken for Mrs. Surratt, and Mr. Doster for Payne and Atzerodt. Assistant Judge Advocate Bingham will then review the case in its general features, and the testimony as it affects each individual on trial—a werk evidently of great magnitude. "fhe general ceuspiracy, in its extensive rami- fications, and the plea to the jurisdiction as it has been raised -py the respective counsel, heightens the interest which the facts create, and give to Judge Bingham’s review of the whole a great tmportance It can hardly be expected that the argument can be concluded during the present week. {7 How did the Springfieid armory escape the plots of incendiaries! According to the Springfield Republican there were serious at- tempts made. On the morning of the Ist of last December the watchman in the arsenal noticed a piece of paper behind the balustrade on the landing, ust below the upper flightof stairs. He picked tt up and unexpectedly found under it what appeared to be an irregular lump of coal. The “coal” was really an iron torpedo containing about half a pound of powder, and so arranged with inflamable materials that its bursting would undoubtedly have spread fire in every direction, and in that location have fired the arsenal so completely that its destruction would have been almost certain. The matter was in- vestigated, and it was demonstrated that the torpedo was left there by two women, or men in women’s clothes, who visited the tower the night before. About the same time the large smoke flue was pried open between Saturday night and Monday morning, in such a way that the biaze from the fires starting Monda: morning would set fire to the offices and ulti- mately the long jine of shops connected with them. The plot was discovered and foiled in season. Another scheme was equally unsuc- cessful. A huge bar of iron was putin the machine of the large engine at the water shops so that it would tear itto pieces soon after starting, but luckily the engine refused to start. #7 Accounts from Rochefort state that the largest and swiftest steam transports in the world is at present being fitted out for sea in that port The Jntrepide was laid down on the 2d of September, 1953, Asa ship-of-the-line of the second class, bat when the idea of plating ships of war with iron wascarried into execu- tion, she was transformed into a transport of 5,000 tens, buther admirable lines were pre- ser yea) ogee _ the powerful saginee ae ship-ot- e 3 speed. * aa dimensions of this new aeceription of ship will enable her to receive on penta and: convey asmall corps d’armee, eT CRYAITY, brigade of infantry, two. two batteries of artillery, ving menUDly | Ot clothing, ammuniion and Prov! oF ‘nofsix months. itis expected that campai run ahnndred jesgues 8 day,and by fee extraordinary speed render great service when time is an object. TELEGRAPHIO. NEWS. FROM NEW ORLEANS, Reported Movements of Treeps, etc. New Oxtgans, June 19.+General sherte dan is busy organizing the Texas expedition. General tt, commanding the cavalry, is Roy ne into Texas with s large force, yim os River and Shreveport. General Gran— Ser and staf, and General Weitzel"and stats Tet New Orleans this morning for the Texas Itis reporied trom Sh 1! reveport that i ment of colorea intantry and five thousand ooreny, started tor the interior to-day to gare rison the towns and protest the people fron® guerrillas, Mere toanten thousand ‘Dales of cotton will be brought out trom that Sittion, Much cotton has been sold at ten cents per= pound, and very little is planted. Tne n; are giving much trouble, They will not labor especialy where they can get Goyernmens rations. They are leaving the plantations im great sumbers and going to New Orleans, ms corn crop will be large. General Her~ n’s administration of affairs gi satisfaction. eter SE ei el ee FROM HayTt, Anticipated End ef the Insurrection. New York, June 19.—The United States steamer James Adger, from Uape Haytien on the 13th, has arrived. Her reports state that Cape Haytien has be i in a state of siege foc seven days, being almost surrounded by the pauopal troops. This is the last place held by the rebels, It is expected the affair will soom terminate and peace and crder prevall In the meanwhile, there is no government in the city, a counter revolution having obliged the Provisional Government, estathehed by tho rebels, to fly:and the rebel General having de= clared the Provisional Goyernment diseol ved and himself the executive. Order, however, ‘was pretty well maintained All dwellings and stores had been closed for the Jast ten davs. Agreat deal of firing of Cannon goes on every day,'but without loss om eitherside. Saluave, the rebel general, threat— ens that if obliged to texve he will destroy the city, butitis thought he will not be per= mitted to do so in the presence of two Ameri=< can and one English vessels of war now im port. FROM BOSTON. The Murderer of the Joyce Children Be- lieved to be Arrested—The Mother a Maw niac. Boston, June 19.—A painter was arrested to-day on suspicion of complicity in the terri- ble murder of the Joyce children; as yet, peweyers no direct eyidence appears against im. A reward amounting to fitty-five hundred collars was offered by the authorities and in- dividuals for the arrest of the criminal. The event creates a sensation of horror and eadness throughout the whole community. Mrs Joyce, the mother, on hearing the fate ot her only children. swooned, and has since been reported a maniac. [The above refers to the affair mentioned in the Star’s dispatches yesterday.—Ed.} ESCAPE OF ANOTHER KEBEL, Robert Toombs Eeported in Cuba. NASHVILL®, June i9.—The Press says that Robert Toombs, who wassaid to have com= mitted suicide, has escaped with Breckinridga to Cuba, Bursting of a Water-Speut—A Rallread £mbankment Washed Away. HARRISBURG, June 19. —Considerable ex— citement was created in the vicinity of Lew- istown, this afternoon, by the bursting of = water-spont, at fouro’clock. A short distance from that place it washed away a railroadem— bankment, forty feet high and one hundred feet long. New York Gold and Steck Market. New YorK, June 19—The following were the quotations at Gallegher’s Evening Ex- change; Gold, 140%; Camberland. 40. Gold was firm and stocks very active, and large transactions. Gold, after call, 140, Baltimore Markets, Jume 19. oon —Rie is quiet but steady as previously uoted. 7 Flour —Sales reported on Change comprised. 300 bbls good mixed brands Howard Street Super at $775. and 200 bbls. Ohio Extra at $7.75a8 per bbl. Good brands of Howard Streetand Western Flour closed in some de- mand and firm, but other descriptions wera quite heavy. Rye Flour —First quality is selling tothe trade at $5 62 a%5.75. Demand moderate. Corn Meal.—No sales reported. City Mills held at $5.25 Grain —Whea: wes quiet and 2a3 cts. lower, fair to very good white solling at 1%5a210 cts. prime do. at 215 cts., and very fair to prime red. Be } 24) cts. Corn brought an advance on Sal aroay's Tates of fully 3 cents, white selling at 95a97 cents, inferior yellow at 82985 cents, and fair to prime do. at 90a93 cents. Oats wera active and firm, some 7500 bushels veme taken at 72a75 cents, measure, and at 80a53 cents weight i Molasses.—No sales and prices nominal, viz: New Clayed Cuba 38ai2 cents; do “uscovado in hhds, 15850 cents; do do.in bbls , 50a55 cents: English Island, 45a75 cents, and Porto Rico 50875 cents Provisions —We have to note sales of 50 bbis. Mess Pork at $27, 25 tierces fine bagged sugar. cured Hams at 240244 cents, and 10 nhhds. Bacon Shoulders at 15 ¥ cents. Late on Satur- day 25 bhds. Bulk Shoulders changed handsat 13% cents—now held at 14 cents Bacom Shoulders we quote at 15 yal5¥ cents, Sides at 16 ¥al6x cents, Bulk Shoulders at 13% ali cents, Sides at 1434 cents, Bulk Hams at 17 cents, plaim do. at 20a21 cents, sugar-cured do at 234a2> cents, Western Lard at 19 cents, and Baltimore refined at 22a22¥ cents. Sait._Demand confined to jobbing lots. Ground Alum we quote at $1.75, Marshall's and Worthington’s Fine at $2.75 per sack, and Turks Island at 50 cents per bushel. Sugars.—All descriptions are in good dee mand and very firm. Westill quote: Cubaand E. I. com. to good refining. $11.00a11.50 “ “ “ grocery. 11 50a12.00 “ prime tochoice grocery. 12.50a13.25 Porto Rico common to good grocery 11.50812.25 A prime to choice grocery. 13.50a15.00 Whiskey.— Western held at $2.10. Sales un-- important. alt. American. NAMES OF THOSE INDICTsD FOR TREASON av Norro:k.—The following is the official statement of the names of the thirty-sever rsons indicted for treason in the United States District Court sitting at Norfolk, Vir< ginia: Montgomery D. Corse, late Major Gen<- eral in the rebel army; Richard Snowden 4n- drews, Henry B. Taylor, Charles James Faulkner, late Uni'ed States Ministers ta France; Wm. N. McVeigh, of Alexandria; Richard S. Ewell and Jabal A. Early, late Lieutenant General in the rebel army; Wm. S. Winder, son of the late Gen. Winder, Robt. Ould, Commissioner of Exchange of Priseners; George Booker; Cornelius Boyle, a Washing= ton secessionist; W. H. Payne and Thomas P. Turner; James A. Seddon, late rebel Secre- tary of War; Wm. Barton Richards, Jr., Wade Hampton, late Lieutenant General rebel cav~ alry forces: Richard H. Dalapy: of Alexan< dria; Wm. E. Taylor, John Bree, late Lieutenant General rebel army; Robert E- Lee, late General-in-Chiet rebel army; Oscar ¥. Baxter; Wm. Mahone, late Major Generaz rebel army; Wm. Smith, late rebel Governor of Virginis; Eppa Hunten, late member of rebel Congress from Virginia: Roger A. Pryor, late high private in the rebel army; Daniel Re Bridgefork; Charles K Mallory; George W.C. Lee, son of General Lee; Samuel Cooper, 1a! Adjutant and Inspector General of the rebek army and formerly'Lieutenant Colonel United States army; Wm. Henry Fitzhugh Lee, son of General Leo; Henry A. Wise, Ex-Governor of Virginia and late Brigadier General rebeE army; Benjamin Hagar; George W. Alexander; Richard H. Booker; Fitzhugh Lee, nephew of General Lee and late Major General im the rebel army; Thomas S. Bocock, late Speaker ‘of the rebel House of Representatives and for- merly member of the United States Congress. GOVERNMENT WAGON TRAIN.—There is now en route from Washington city to Louisville, Ky., several immense Government wagor trains. They travel the whole distance over= land, and their great extent excites the wonder and curiosity of the people along the route, who haye never seen so large & number of teams in one train. On Wednesday the first of the series arrived in this city, and passed over the suspension bridge to the Island, where they will remain until this morning, when they ‘will resumetheir westward march. This traim numbered 250 wagons and 2,016 mules, eactr wagon being drawn by six mules, with two leading behind. The drivers oe at darkies, duly impressed with the dignity of their posi~ tion; and having travel a oes 80 large & portion of Uncle sam’s do} , they have adopted very Jarge views as to the extent of bis possessions and the amount of his wealth. There is yet 1,000 wagons to arrives and they will have the opportunity of en} Ys ing similar favors, for all of which they should ee ray thankful. is from four to five miles long. It has been generally sup- posed that this is Sherman’s train, but ‘we are informed that such is not tre fact. The train is made up at Weshington city from va- rious seurces. Some of the mules are @ part of those brought through by Sherman, but how many we are unable to’say. There is also dif- ferent surmises and reporis as to the pampose of sending them west, but we suspect that retty much all the army trang “has mn drawn to the east, and theGoverument is desirous of distributing it more rally throughout the country, ana wishes to have % mergenciee Jaix supply in th to meet e} Wheclthy Intelligencer, bt, :