Evening Star Newspaper, June 24, 1867, Page 1

THE EVENING STAR 38 PUBLISHED DAILY (SUNDAY EXCEPTED) AT THE STAR BUILDING, Southwest corner Penn'a avenue and ith street, BY Ww. D. WALLAOH. ect te. ‘The STAR is served by the carriers to their subscribers in the City and District at TaN CENTS PER WEEK. Oopiesat the counter, with or without wrappers, Two CENTS each. PRICE FOR MAILING :—Three months, One Dollar and Fifty Cents; six months, Three Dol- lars; one year, Five Dollars. No papers are sent from the office longer than paid for. The WEEKLY STAR—published on Fri- day —One Dollar and a Half a Year. LOCAL NEWS. Sahar Se THE SMOOT HOMICIDE. The Accused before Judge Wylie on Habeas Corpus. This morning at i0 o’cloek the hearing be- fore Judge Wylie of the case ot Henry John- son on a writ of haleas corpus was continued in the Circuit Cour: room, it having been com- menced on Saturday asterneoa. There we: quite x large number of persons present &) spectators, among them a number of the friends of the ecensed. Messrs. W.D. Davidge and John H. John- son appeared for the accnsed. The first witness called was Mrs. Jane E. Dorsy, Who tecufied that she boards at Mrs. Sawyers (in whose house the hemicide took place.) Had yery little acquainiince with Smoot, but had known him rrom four to six months Mrs, Johnson brougut him to the house and jntroduced him as her hesband. They took a room there, a very small one. They lived in it as maa and wife. She came there two or three timesevery week and some- times im the daytime. Smoot lived there con- Stantly, but ustaHy went to. Alexandria on Saturdays. Witness saw ihe accused on the day of the homicide goin the room and shut ‘he door, amd heard the repert of'2 pistol. Mrs. Johnson came down in the dining room where witmess was and said thet her Busband had shot this one. Saw the body of Smoot atier the jury was over; there ws no coat or vest on. Jobmson looked pleased as he went to the room. Witness waz mau adjoming room, and she remarked that Mr. and Mrs. Johnson had company. By the Court.—The deceased passed as Mr. Johnson. The accused did not speak to wit- mess; be went in without knocking. The shots were not fired immediately, put in from three to Your minutes: witness could not say that they were on the bed; Mrs. Johnson had been ten or fifteen minutes inthe room, and de- ceased had been theie all the morning: Mrs. Jobnson got the marketing; sometimes she would stay three days and nights at a time; this ¢oRtinued until about two months ago: latterly she had been in the habit of coming and staying trom two to four hours. By Mr. Davidge.— Witness bas heard Mrs. Jobnson say that she had 8 law suit in Balti- more. Dr. C. H. Bowen. recalled.—Witness found the deceased in pantaloons and shirt. The top button of the pants was opened, and some be- Jow may have been opened. The bed was ium- iets but the covering had not been turned own. Mrs. Revecea Sawyer.— Witness lives on Sixth street, above Massachusetts avenue; knew the deceased as Mr. Johnson; first met him in Al- exandria in the latter part of Qctober. Mrs. Jobnson came to her honse and asked her to go to the'Court-heuse, and afterwards rsked her to go to Alexandria and take a note, saying that she was sick and she wanted to see him; went to Smoot’s tannery and saw the de- ceased. Mrs. Johnson went down with her; she Dad not engaged board atthattime. The deceased said that he would amswer the letter in person. Ashort time afterwards they en- gaged board. Smoot opened the letter, and witness said that her husband opened the letter. when Mrs. J. said, ob, its the same he is doing business for the brother-in-law. Smoot was introduced by the name of John. son, and witess never knew him by any other name until after he was shot Witness here described the situation of the rooms, and said that Mrs. Johnson came in her room about two o'clock, and said that she was tired, that her mother was sick, and went in the room. The deceased had been in the house ail day, and set in the parlor until eleven or twelve o’clock. Mrs. Johnson went in thé room where the deceased had gone some time’ before. Heard, about fifteen minutes after, a noise, and her niece ran out. The noise was like the window fell. Heard loud swearing: Mrs. Johnson came .eut; the.voice, “«G—a d—n you, I’ve cgught you on the bed.” Mrs. J. seid 10 withess, “That other devil, or other busband, had shet her man.” Mrs. Johnson was terribly frightened; had on no bonnet or shawl, does not know that she had any other clothes off: she had told witness thatshe was married to tke deceased two years ago by @ minister on Capitol Hill— Presbyterian or Methodist: knows that on one or two occasions she came tc the house and stopped five or six days; she brought things tor him to eat: the exclamation +1°ve cangh you on the bed.’ was madefafter the first shot Mrs. Johnson came up to wrinesses’ room after after the jury bad gone; she seemed perfectly frantic; witness has heard Mrs. Johnson speak ofaiaw suit im Baltimore. It appears that Smoot was to go away, not to return. By Judge Wylie.—Witese formed the ac- qnaintaince of Mrs. Jobnson in Georgetown, an August or September. She said that she bad separated trom her husband and bad three children, Witness saw Mrs. Johneon at her mother’s house im Georgetown. Witness had visited Mrs. Johnson and Mrs.Jobnson wit- ness. Witness thought the object of the first visit of Mrs. J. to witness's house mn this city Was to speak of the law suit in Baltimore. Witness asked why deceased had to go to Al- exandria so often, and she said his sister and mother lived there and be had to see to them. She called her first husband Henry Jobnson and the present one (the deceased) Thomas Johnson. A-ked her if she was married to Smoot aud she as-erted positively that she Was married. Witness now believes that they ‘were married. John Bateman sworn.—Witness has known the accused fifteen or twenty years: was inti- mate with his family—a wite, daugncer, and two sons—living on the canal road. Witae.s lived there ten years, up to 14€3, when he went i business. Was in habit of going there three or four times per Week. Mrs. Johnson had 48 law suitin Baltimore with Asbary Fawcett. Has seen Mrs. Johnson on the cars with Smoot. ‘The accused was frequently at the drove yard, and has 2 farm near there: another about seven miles distant. The prisoner’s occupa- tion is such as to lead him to earry a weapon, but he isa quiet, orderly man. Mrs. Johnson seemed to think @ good deal of Mr. Johncon, and be of her, and witness never had any reason to suspect that there was any dieagreé- amemt between them. Adam Albert sworn.—Witness has known” the accused four or five years 2s a peaceable man. When ke wert to the drove yard or jower farm, where he spent much of his time, me was in the habit of carrying a pistol. Riley A. Shinn and M. V- Bucky testified to the good character of the prisoner. Wm. Johnson (brother of the accused) teati- fied to the prisoner’s: family, and to having beard of Mrs. Johnson going to Baltimore. By the Court.—Nevyer knew that his brother had any suspicions as to his wife’s unfaiiaful- Thos. Smeed sworn.— Witness 13 a policeman, and on the afternoon of the homicide was s t- ting in the office of the Central Gaardnouce. ‘The prisoner came in and said he had killed a Man named Smoot or Smut, and handed wit- wesé 8 Pistol, telling bim to notice that three Joads were out. He stated that he had caught the man in bed with his wife. By Judge Wylie—He stated that Smoot had worked with him, and having become suspicious of his wife and the deceased, he nad aided the latter to go into business to get him away. Thinks Johnson szid that He had been suspicious of them for some time, and that Sawyer, the eccupant of the house, had told him of the meetings at his house. Mr. Davidge here submitted the case. Mr. Sawyer was recalled, and in answer to questions by Judge Wylie, said thatthe per- son overtook him on 7th street, on Wednesday {as day belere the occurrence), and asked him bis mame was not Sawyer. Witness rep] that it was; and Jobnson said that having seen him come out of a house on 6th street in which he had seen his wife go, he thought so. Wit. ness said that Mr.and Mrs. Johmson were in ihe house; when Mr. J. said that tne maa’s pame was not Johnson, but Smeo}, and toat the woman was his wife. He asked Mr. J. not to go tothe house, teiling him tat pis wife wes sick, and if he went there, there Might be & disturbance; and also said that it was any. ‘tbat taey wonld be there the following Johneon said that he would make no disturb- ‘ance, but would see them and tell Smoot that be was welcome to her. Judge Wylie said that the evidence of the 4ast Witness bad seitled his mind. Fn alg comes home and finds a man inhis wife’s ber with Ber and him, is not excusable but there is great palliation. In wre) E: the woman is more to blame t! oO man will dare to b Tented & room im this the Babit of resorts meeting by them he habit days aia time ong He Vem, XXIX, Ebening band were excited, but it must haye been at nearly day, if he was asecsible man, for he would not have allowed his wife to be absent from home so Mugb unles3 he made inquiries. it? ppeared that on the day previous to the hemicide he mei Suwyer, and was informed that his wife was at the house wich the de- ceased at that t'me, and said he would goto the house next day, but would make no dis- turbance, and would tell the deceived that he ‘was welcome to her. That was very sensible, and if he had followed ont thit line of con- duct he would not now be in bis pre-ent di- lemma and danger. He, however, did not do this; but next day, aiter having had time to sleep on it, he weni to theroom in good humor aad smiling, and having found them, shot the deceased. This was a case of too much deliberation and coolness to admit of biil, and the prize for which the crime was commitied was ut- tetly worthless, and was so rezarded by the prisoner. It was a differeat cace trom a man catching his wife with a paramour in her own chamber and shocting him. The law says that the killing ia such a case is manslaugh- ter, but itis practically justifiable homicide; and if this case was such a ene he would not hesitate to take bail, and low bail at that. He ordered the prisoner to be remanded. Wilson for the prosecution. defense. Jerger than on any previons day. Grant. after the cross-examination has ee. Howarp University.—The trustees of How- ard University—an institution incorporated by Congress, the object of which is the bestow- ment of a collegiate education on colored amen—having lately purchased :rom Mr. John A. Smith 150 acres of land, situated just beyond the Park, and including the nill on which was the site during the war of a cavalry camp known as Camp Relief, have divided ihe tract into building lots. 50 by 150 feet each, with streets of 50 feet wide, reserving abort 50 acres for a park, in which are sites for the Universi- ty buildings. Oa Saturday about 0of these lots were disposed of mostly to clerks in the Departments and other Goverament officials, at 9and 10 cents per squsve foot; Mr.R M. Hall being the broker. Mos: of the lots sold areon the 7th street road, this side of the site for the Univercity, and others oa the street which will be an extension ef #th street. General O. O. Howard has selected a lot on this tract for a residence—near the site tor the buildings, and exeavations arenow being made for the foundatien. This house will be a very bandsome one, on the plansef Mr. Searle, the architect, and will cost about $14,000. It will be built of building blocks made by a new process, ef lime and sand, which are said to be exceedingly durable, and can be made ‘to re- semble any description of stone: and most of these who have purchased lots, we under- stand, propose to use the same material. The steam macbinery fer manufacturing this mate- rial J: already on the land, and it will be pat in opera.ion this week. The Normal School of the University was opened in May la3t. in a lar-;e crame building on the ground-by*Prof. Williams, a graduate of Yale College, who tor a number of years was one of the faculty of Lookeut Mountain College, Georgia. The school is furnished with the latest improved school farni- ture, maps, &c., and considerable ad- vancement has been made towards the es- tablishment of a library im connection there- with. There are now thirty-five colored men attending the school, and they are making rapid progress. Five of them are studying jatun, In which they make rapid progress. Three of the students are regularly licensed ministers 1t 1s expec.ed that there will bea considerable increase in the number of students in a few moaths, and the trustees are confident tbat assoon as they are enabled to open the university proper tha: a full complement of students will present themselves. In conn-c- ion with the university a large Sabbath school has been established and is held in the after- noon. to impeach his credit. prisoner's right. In such a spi had not convince viniced that I was in the right. the various pureuits of life. tend tbis trial at all. —— _THE Scroor EXYAMINATIONS—A Complaint. Evutur Sear :—1 will be much obliged to you for inserting the following in your paper, it Daving the widest circulation in this city. in attending the examination at the primary gchoor at the corner of H and 19th streets yes- ‘any. which itmust be admitted. proved to be highly creditable to the lady teacher, L was very much struek by some of the closing re- Marks addressed to the boys by the gentleman who conducted the examination. My first surprise was the advice given to the little boys to abstain from whisky. which. considering their tender age, when scarcely any child thinks of drinking Mquor, seemed to be ab- surd, and well caiculated to introduce such ideas into their mnocent minds. Still mere L Was annoyed to see the boys having torun the gauntlet about attendance at Sabbath schools, f@nd was glad to see that my boy did it brave- ly. whereupon the gentleman coolly explained that all the men that did not attend Sunday School were bad men, and all the boys that did not, were bad boys. Against this expres- sion, Mr. Eaitor, which contains the entite in- tolerance of the middie age, 1 must reepect- fully but earnestly protest. My faith does not require me to attend Sunday school: conse- quently this custom, uaknown in the ceuntry from which 1 emigrated tothe land ot per- sonal liberty. is not adhered to by my family. And allow me iurther to say, that the moral value of @ man 1s not to be measured by the amount Of Dis attendance at church and Sun- day school but by his moral and virtuous course of living, and by the righteousness of his actions. These are the principles which L try to introduce into my boy’s mind, and how, Mr. Editor, do you think he felt, wher just atter having passed the examination as one of the best, he was for a recompense, called a bad boy. Ina country like this, in which re- ligious liberty 18 granted as one of the highest privileges, Lemphatically declare any akempt to intiodnce religious questions into State (or District) institutions, such as public schools. & violation of the rights granted to citizens by the Constitution. Respectfully, JOHN DELA Caxp. Washingtoa, June 23, 1867. tr and not worthy of *elief. ite simple nakedness the impropriety of granting It. their request bundred or one thousand miles. He asnies it. gave. gression. question—the only ee eee City—their ancient Jerusalem, Orrcurr Corr, Judge Wylie—On Saturday & motion was made to stay the verdiet ard for & new trial of the case of James Corbit vs. the Balumore & @hio Railroad Co., on the ground that the verdict at the former trial was ageinst. the evidence, and because of newly discovered evidence. At the former trial a verdict for up- wards of $7,000 ‘was given to plaintiff. The Court ordered the verdict to be set aside &nd a new tris}. Counsel tor detendants excepted to the ruling, and the Court agreea to adjourn until next Saturday to give the counsel time to prepare and file their bill. Davidge and Phillips for plaintiff, Buchanan and Uox for defendants. This was an action brought by ) the plaintiff for damages laid at $20,000-for in- juries received by having bis atm broken an being otherwise injured in July, 1965, at th time @ locomotive struck an army wagon on | which he was riding. A case also came up where -a certiorari had been issued-to require Justice N. H. Miller ig produce to the court his record of proceedingé ae case tried before him, where #® defendant (Mrs. Kelley) had made affidavit that she did believe the magistrate cold renter an mmpars tial decision on account’ of prejudice,, ‘and: asked tohave thé case'tried before another: magistrate, The law of ‘m such cases requires the jatttres before whom such an af- fidavitis le to immediately the néar. est. & magistrate. Im this cage the v been served on the magistrate ; and on that account he (héd refs ending annoyence and “aw is ily understood. Tora Gra occapied in examipa them. If we'lived | Stead Of about sixt: Cony were of suffi Portion of it was not, ana to THE oe Rerorm.—Yesterday the ¢ poo Pessivl temperance people were again’ at workin ) aaa bd le ious soctiime of thé city, holding meeti: to ine trata of statéments made by which, in every were well sienden, and were instramental. in procuring to the pledge. At Center Market the meeti was held tinder the auspices of, No.3., Mr. E.G. Klopfer presi and were made’ by éssrs. aD, +H. Williams, Hough, and Kidwel! ‘At the Northern witnesses is, as I have lst. The pi witness calls Har! "Phos. H. Ford, W.G@.Finney, Drew, and Oooper. Home Division No. 15. Sone of iPeTAnce, instituted a series of public meet~ out to Bim. ia wasa attendance at this and the Uetpenchn re nanseaiy ores ef Queen raise sible a! ‘as to the trath of the made. Me do not coo OW raat could we; in THE TRIAL OF JOHN H. SURRATT. ges Gen. Grant in Court—Judge Fisher's Opin- jen on recalling the Witnesses—Impor- tant Witnesses examined To-day. The trial of John H. Surratt was resumed this morning in, the Criminal Court before Judge Fisher: Messrs. Carrington, Pivrrepoint, and Messrs. Jos. H. Bradley, Sr.and Jr., and RK. T. Merrick tor As before, the room was densely crowded previous to the opening of the Cour and the number of ladies in attendance was The Jurors and the prisoner were brought in at ten @’cl’k and the Court was opened by Mr. Mulloy. Among the visitors this morning was General witness. The role for conducting the @xamination of re staied it to be :-— desiting tue testimony of thé im,ang after be is sworn exam- ines him in ‘chief, putting no leading questions: | to him except it sualkbe manifest to the court that be is an na ing witness, or unless it: ithe role is laid down af. ferent; dges of England in the jnewn Caroline fa 1620 in Fovol ving the foe As soon as the Court had been called to or- der, Judge Fisher read the following opinion upon the motion submitted on Saturday by the defense, asking the recali of witnesses for the purpose of further cross-examination. *1 have been called npon again by the coun- sel for the prisoner atthe bar to order the re- call of witnesses summoned by the prosecution en ended and the witnesses dismissed, in order that the prisoner may recross-examine, with the view of inquiring of the witness so to be recalled az to whether some moral stigma is not resting upon his character, or whether he has not made statements out ofdoors, prior to the trial or since, in conflict with the testimony deliv- ered at the bar, and thus to lay the foundation It is claimed as the I have heretofore refused to order witnesses to be recatled, and yet the counsel for the de- fense have again presented the question for a rehearing, and with so much apparent conti- dence of the rightfalness of the demand, that, in 8 spiritof accommodation, I ventured to listen to their appeal, with the sincere desire to correct any error which I may have com- mitted, if satisfied of its commission. It could afford me no gratification, Heaven knows, to contribute by any error of my judg- ment to the rendition of a verdict of convic- tion in any case where the life of a fellow- being is involved, which but for such error might have been a verdict of acquitt#l. Such arefisction would be a lasting canker in my conscience, even inacase where I knew the conviction tell ae the guilty felon. it 1 have heard the counsel for the defence in this case through arguments which it seemed tome Would have been bet- ter addressed tothe jury than to the Court, and have endeavored to discover whether I ibly erred. So far from being that I was wrong in my decision, the more I have reflected upon the raling 1 have made in the matter the more 1 am con- in this.case there have thus far been exam- ined witneeses brought here from Uanada, from Maine, from Vermont, from New York, from Virginia, and from Mississippi. The trial, it-is conceded, will mot close with the present month. The witnesses are engaged in Some are farm- ere, some merchants, some lawyers, bank of- ficers, ratlroad conductors, and others, all of ‘whom or most of whom have necessarily to be away from their homes and business to at- They are of course subject to some, and most of them to great inconveni- ence, not to say sacrifice, im attending court itis now demanded by the proposition of the counsel for the prisoner that each of these witnesses shall, after going through the ex- amination and cross-examinetion, be ordered by Court to remain till the trial shall be ended or the case argued to the jury, or else shall be compelled to return here after having gone home to place himself in a posi- uon to have his character for veracity attack- ed by other witnesses to be procured for that purpose by the defense, or to tell the Rimself that he is a criminal without charac- This is simply Whatibe propozition of the counsel in sub- tance amMonuts to: and a new statement of it is suffictent to show Let us take the case of the witness trom Maine, examined on Saturday, for the purpose of illustration. Will suppose that he has now gone home, and the prisoner's friends have telegraphed to his Reighborhood, and haye been informed by somebody there tha. he has said something to somebody, no matter to whom or how careless- ly, which they suppose may in some degree conflict with what be testificd to whea before the court. The cornsel for the defence pre_ent to have him recalled from @ distance of some seven hundred or eight He is sent for aud asked whether he has not said thus and so to John Jones, or John Smith, er John Brown Jones. Brown, and Smith are immediately sabpc-naed, and come on from Maine, and when here they all swear that the witness for the prosecution did say something which was inconsistent with the testimony he Thece three persons return to their homes, and afterwards the counsel for the pro ecution discover that they have said after going home that they al) had falsified their tes- timeny. They-musi all then be recalled to be questioned onhe subject before they can be thus discredited, and they are brought back to be recross-examined by the prosecution, aad with them the prosecution summon at least two more witnesses to discredit each one of them; and so the matter should go on, each re- call necessarily involving a muitiplication of ‘witnesses, going torward in geometrical pre- Can any human being tell when the case wouldend? ‘he only solution of the termination of the case ‘would be the death of the prisoner or the ju- rors trying him. But for the intervention of death, it woald be difficult tosay which of twe events would first happen, the ead of this trial er the retura of the children tothe Holy either ublic We itis yust because all trials mast have an end im some reasonable ume, and because wil- nesses must have some protection from un- inconvenience and sacrifice, and because jurors and jndges are noi expected to spend a generation in trying ‘amy cause, no matter how important; and be- ;canse facilities@ze not to be afforded to haye , Witnesses hunied down and wrongfully robbed 4 ‘of their fair standing in community—their /} reputation attacked without a chance for de- ‘ fending them; tha: the rule ot law, as I have heretoiore ruled it, was established in Eng- land many generetions since and accepted as ithe law everywhere in this. country. where ihe anworth, (then Barom Holfe.) in the“ case of the Attoracy General vs. Hitchcock, 1 Ex,, 99, very properiy remarked in reference to the law of evideace om this subject that it ;“ must be considered as founded on a sort of | comparative consideration of the time to be tions’ of this nature, and the time which itis practicable to bestow upon @ thousand years in- or seventy, and évery’ it importance, it might 1 le to throw a Jight on matters in | which ovary péssible Reger Seely sugy | gested for the purpose.of seeing by such eh! whether the whole wes unfounded or what every: statements ne nize the service, and had tried t fact, mankind find it impossible.” 1 amhows and rendered judgment against thedefendant | ever, very donbtfnl it Lordsbip’s limita> for $100. The Court set aside the decision, | tion of a thone: y asa human lifetime and ordered the case to be proceeded with de berry be ft eat 4 bia in. Waioe. £6 se. mova. fs at 0 extensiy = a ram igenions it’ we once W aside thé rules of evidenceand embark.on #2 wild ocean of, 8 Mw if e Washingto: peep stant that the memor; eae ans e) held forth; Mr, J.S. Hol ahead at fay) ma’ suggestivé, and addresses w made, Srasecp © | question; er sg fay ihe cae of the witness cannot be directed 1 the subject matter of tequiry without having it parti¢ularly pointed ings a’ the northern terminu 7th ‘street 2. After the direct, mation 1s conciuded, yepierdey. Siterneon. 7 A mouiden, ‘W.P. | the witness ia @ver for cross-examina- ° whi presided, Messrs. tion, during whiob, he may be asked whether Oroggon A r made id- | hehas not Madea statement contradictory of dresses. At Odd wes? vy Yard.a Lae wittsse in the direet meeting was held ‘thelauspices of the jj ¢: nation. * t ‘such questions mast be me can, where put ER the: srerpyorecoue or = ‘all 4 an we P. t 8 Wi cstera Marker, ‘Western Dus dismissed Hae! Bed Cami’ Cs 3. If a witness forone party be thus once cToay-qxamibed dad : y be mi his . tO Cxoss- ‘lower countiés of thess. 7 ness} the ne was nothing more. Justice Abbott said, effect of a Teach.” he shou: ed up. plication. case. port of the proposition. ceded it. by @ prosecution. Wilton. Kuew all this testimony. he saw him there. dawn. rere ent It was da; hadno his bill. Atzerodt had "eth eee clerk an the office. saying he wil A By Todt Sovelocky ame didnot e Person resem! hie raed ial, i Garringto ae she Istana; 1865, previous to that lived at ‘was a witness before; the gonspiracy ene To Surratisgilie about the tat of Star. WASHINGTON, ‘D. C.. MONDAY, JUNE 24.1867. lowing questions propeunded to the learned judges by the House of Lords: First. Whether, when a witness in support of a prosecution has been examined in chief, and bits not been asked in cross-examination as to any declarations made by him, or acts done by him, to procure persons eorruptly to give evidence in support of the prosecution, it woud be competent for the accused to ex- amine witnesses to provesuch declarations or acts Witbout first calling back such witness examined in chiet, to be examined or cross- examined as to the faet whether he ever made such declarations or did such acts? Second. Whether, it a witness is calted on the part of the prosecutor, and gives evidence against the defendant, a1 examination itis discovered that the witness so examined has corrupted or endeavored to eorrupt another person to give false testimony in the cause, the counsel for the defendant may not be permitted to give evidence of such corrupt act without calling bagk such wit- Both these questions were answered in tive unanimously, so thatthe decision ateven when it should be discovered, after his cross-examination, that a witness for the prosecution had been guilty of supposed declarations or acts in endeavoring to suborn other witnes:es, his conduct in that respect could not be inquired mto from the other wit- nesses until he had first been allowed the op- portunity of explaining such supposed acts or declarations; and the reason given was that if Such a course could be pursued without pre- vious imtimation to the witness, great injustice might be done both to the witness and the party ealling him. Lt will be observed that the question only had reference to declarations or acts made or done to corrupt the fountains of justice—to procure persons to commit per- jury. This was all that was decided, and it is true that in delivering the opinion of the learned judges, Chief “We think the only discovery” (ot the effort at subornation of per ury,) ‘‘wonid be to allow the witness to be called back for further cross-examination, "if atter the cross- subsequent if still But this was not even a decison of the question as to whether in such case the witness could be ef right called back for the purpose of further cross-examination. question 4s to the existence of such right of recali and farther crose-examination was not one of the questions propounded to the judges, and of course was not a matter decided by them. But even supposing their decision went to |hatlength.still thatisnotthiscase. Itmight very well be thatif the judge trying a cause should be seatistied by affidavits or otherwise that there was probably cause to believe that a witness who had been examined and cross- examined had been guilty of attempts at subor- § nation, poisoning the very fountains of justice, id order the recall ot such witness for the purpose of giving him the opportunity to explain or to deny, and then in case of denial to allow his denial to be attacked. But that would bea very different thing from ordinary witnesses to to remain for weeks, or it may be for months, hundreds ofmiles away from home, or to order them back atter their return home, thatthey may be recalled for tne mere pur- pose of laying the groundwork of their contr: diction by other witnesses who might be hunt- We think the case ofthe Queen Caroline is good law,so far as it decided the questions propounded by the House of Lords, and no further. Itis not decisiveof this present ap- No person can read the opinion de- livered by Chief Justice Abbott without dis- covering thatit is very wide of the present it the law were so well settled as the coun- sel for defendant in this case elaim it to be, it ig not a little surprising that the text books are altogether silenion the subject. and that no adjudicated case has been produced ig sup- The rules upon this subject, to which 1 have alluded, are such as I haye always seen ob- served in any practice with which I am fa- miler, and in the abseace of controlling au- thority or rea-on requiring they should be set ascde, 1 prefer to adhere to them in this case, asi baveim all other cases which have pre- if counsel for the defen are Tight iu the views which they have pré- sented they are enuticd to note an exception.” Mr. Bradley said he desired to have it ap- pear on the record that Lee was in Court and and going towards the witness cross-examined when the objection was made ce still believe they stand to be Mr. Merrick said he would file an affidavit to the effect that Lee was in Court at the time the objection was made by the Prosecution. Dr, Jos. F. Moy sworn and examined by Mr. Johan Wilkes Beotn. He came to the office of witness and desired to have atumor from his neck removed. De=-8 removed the same. Mr. Bradley called the attentuen of the Court to the fact that the defense ebjected to Witness resumed:—Some days afterwards be called at the office of witness with the wound torn open. He bad the tumor removed while playing an engagement here at one of. the theaters: he said the wound wes torn open during the play the previous evening: thought the operation wes performed about one year before the assa~sination: witness saw on the Monitor at the navy yard; identified it as the body of Jean Wiikee Booth: he was playing an engagement when the tumor was Temoved with Miss Chartotte Guehman. John Greenawalt sworn and examined by Judge Perrepotnt.—Witeess resided in Phila- delphia; was in the beiel business; Penneylvania House im the city of ton trom October, 1864, to 1666; it was on O street, between Four-@rd-a-haké and Sixth Streets, Had seen Wilkes Booth at the house frequently; he came te see Atzerodt, who Stopped at the house. Atzerodt occupied room No. 51. Had seen Herold at the House. Sam- uel McAllister was book-keeper at the house. Ae soner was here requested ‘to stand up.| itness had seen the prisoner et: vania House; did not remember when it was Washing- the Pennsyl- | Qnestion.—What did Booth dc there? Objected to by Mr. Bradley. Question with- ‘Question.— What occarred there? Witness answered :—Beoth frequently had ‘private conversations with Atzerodt. Alzerodt say he expected io leave some day, and after being away ter seme time would return with enough gold tg keep him all his jise. This was afew weeks before the assassi- mation. On thé Wednesday prior.to the assas- Sipation Atzerodt lett the house. Witness shew of the one-eyed horse balorging to him. ‘Saw the horse after the murder at.:he Provost | shal’s office. Saw Atzeroat on thé night. of the murder, about twenty minges jo'elock a.m. Witness weat to his nbat honr, when aservant man came up and ae Atzerodt and a stranger waned lodging @ Stranger gave the mame of Sac Thomas, Atzerodt wanted his old reom, but it was oscupied, him he must go in the room with the ‘stranger. The mar Thomas wae a slender man, with dark hair and beard; én the o'clock train Saturday; a servant & cafriege about 5 o’cloée, met Atzerout. and wiiness. told |, aad‘on his ight at that | A sd It to witness, just purchaeed it. ‘Never saw ‘the man Thomas beiore. id he ever say anyth Qpestion.DI Ing to ¥ Objectea . Bradley, woe 3, PY ME Healy, oyouk objection, aryiahe teteithe house of iy Mr; Pierrepolnt..rhe ste t f ile and PortTobarecuarted ee rele e el “By Mr. Bradiope cw itneaedia, not see. Atse- 98 jarrattsville’ N&, 4,460. Mr. Pterrepont said that he wonid object, and asked what the object was. The counce] forthe defence replied that they were testing his memory. Mr. Merrick contended that he could test the acouracy of the witnesses reboilection and read from Roscoes Criminal Eyidence, page 131. Judge Fisher said that the defense couldask if he had ever made a different s:atement. Mr. Bradley asked if they didnot haye the right to question as'to Ay promise of reward or thrents having been used. Mr. Fierrepoint said that wenld not object to such question. Witness resumed.—Said that the officer when be made the answer that he bad not heard any one eay that something terrible Was going to happen. Got up very mad and said thathe was guilty &s &B accessary the punishment of which was death By Mr. Merrick.—Were there any threats Made by the soldiers atthe time the w.lmess ® drink and probably played a game of cards, a few minutes aiter Surrait called wit- ness in the fromt parlor. He had there two guns and a bundle of rope in a coil, thought it was inch and a quarier rope; there ‘Was & monkey wrench also; Surratt showed the things to witness, and desired him to re- ceive the things and conceal the guus; witness at first refused, but Surract persuaded nim to Teceive them, saying there would be no dan- ger: witness told him ai first there was no Place to conceal them; Sarratt said yes, he knew of a place, and carried witnessip aback room over the store-room. Witness did net know that room was there beiore, Witness placed the guns in an opening between the joists. A cartridge box was put with ine guns, he rope and monkey wrench were deposited in the store-room. The prisoner said he would take the things away in twoor three days. Surratt, Atzerodt and Herold remained at the house of witness about analf anhour. Met him twoorthreedays aiterthat going down to Surrattsyille. Saw him after thaton the 25th ot March. About one week after that met him returningto Washington from Sur- Tattsville. That was the last time witness saw him. Question.—Did you see Mrs. Surrattshortly before the assassination of the Presideut? The Witness.—I de not wish to go into the examination of Mrs. Surratt, as she is not here to be examined before this tribanal. 1 cannot answer, Mr. Carrington, unless the Court compela me. Judge Fisher.—You will have to answer the question. Witness resumed:—Met her on the Tuesday previous to the assassination, in Uniontown; she was in a buggy with Mr. Weichman. Mrs. Surratt asked witmess about shooting irons at Surrattsyille; could not distinotly remember the exact conversation; must state it in his own way. Judge Fisher.—State the substance of what she said as well as you recoliect. Witness resumed :—To the best of his mem- ory she said, have the shooting irons ready, they would be called tor soon. Witness said he was very uneasy about those things being there, as he understood the honse would be searched, and he did not want to haye the things there, and he had a great notion of having them taken out and buried. The con- versation then turned to John Surratt. Wit- ness told her he understood the soldiers were after John, to arrest him for going to Rich- mond. She laughed very heartily at ihe idea of any one going to Richmond and returning im six days. On the eyening of the day of the assassination, she was at the house of “witness that day. Witness was a witness be- fore the court in Marlboro’. Stopped in Mari- boro’ some time drinking and playing cards; did not get home till 5 or 6 o'clock. When he returned home found ten or twelve gentle- men; found Mrs. Surrattt and Weiehman there. When witness drove up in his buggy Mrs. Surratt came out and met witness, handed him a package and told him te get the guns, or those things, did not remember which she said, and two bottles ot whisky, and give them to whoever should call for them that night. Witness did not know that he made any reply. Witness was in liqucr at the time, and did not want to have any conversation with her. He then went inthe back room, laid down on the lounge, turned sick trom liquor, and as he was raising up Mrs. Sarratt came in and said the buggy spring was broke and must be fixed. Witness about one hour after opened the package and found printed on the front part of the article «field glass;” patit with the guns and cartridge box. About twelve o'clock that night Herold came to the house in company with another mau on horse- back; who had a big heavy moustache; he did not dismount. Question.—W hat did he say? Objected to by Mr. Bradley. Judge Fisher—The declaration of any one of the conspirators is evidence, but it must be shown he was 3 conspirator. Judge Pierrepoint.—We expect to show it was Booth. District Attorney Carrington.—We will re- call the witness. ‘Witness resumed :—Herold remarked, Lloyd for God's sake make haste and get those things; Witness Went up, got one of the guns, the field Blues, and cartridge-box.; gave cabin to Her- old; Herold took the things, and then the two men rode ofl: he said nothing about what he or any one else had done; Herold called for something te drink; Heroid drank, and toek the bottle to the man on horseback: thought one of the horses was gray and the other a bay: the large-t one was a light colored one. ({uestien.—Had you then heard of the a sassination? Mr, Bradley.—He wanis to gei out of wit- ness what Bootn said. Judge Fisher.—He cannot show that until he gets the thing in proper shape, Mr. Bradiey.—I: is in good shape now, bat Nol guile sharp enough. Witness resumed.—aAt the time the man was speaking to witness Herold Was across the road. Judge Fisher,—Whatever Herold said is evi- dence, and whatever was said in the hearing of Herold was evidence. Witness resumed.—Tne man with Herold asked witness if there was a Doctor near. Wnen the man talked to witmess about the assassina- tion Herold wasacrossthe road. Witness was examined before the conspiracy trial. (guestion by Mr. Pierrepoint—Whai kind of _a horse was ihe man wich a broken leg on. Mr. Bradley.—ifthe Uourt please, we have bad that twice. (2.—When did you first hear of the assassina- tion? Mr. Bradley.—If it was in the course of that conversation we object. sedge Fisher.—He. can say when he first beard ofthe assassingtion, but he cannot say about what this-person said who has not been identified as one of the conspirators. Question ‘by Mr, Prerrepont.—When did you first heer of the assassination? A—I first herd of it that night. And, within The Wit- the body kept the the-ether man was there ! A-—Herold was across the road wher L heard it. The man witha broken leg could not-be heard by Herold. ipa did the man with the broken leg say 4 Objected to, Mr. Pierrepoint.—No matter abont thename; if theman eaid he did it; 1t would rather bring him ia close connection with it: Objection overruled. Watmess rcsumed:—He said we or they had killed the President. ‘Thought he said some- think about decreiary Seward. Witness had been told by Sprratt that some ladies named A “Port Tobacco.” The carbines had tay woolen coverings. Saw Herold take the coverings off. Genzral E.D. Townsend sworn, and examined by Mr. Wilson —Witness is Assistant Adju- tant General of the Army, Witness here pro- duced.# field glass and a breasipin. Witness ‘said be received them from General Eckert, the Assistant Secretary ef War, on the 6th of August, 2666. " By Mr, Bradley.— Witness did not know Colonel Conger; he wa: not in the army. Knew btm by sight. He brought an order for the glace from the Secretary‘of War. Colonel Corger got the field glass oh the 16th of J une, and retacaed iton the 17th. leard past two ouse at ei Thought that glass larger letters on, it. Thi ” een one &t Bis house pa to pry. f de % Bradley objected, the glass haa aot been. . Pierrepoint, we. will Witness ‘was. "asta “shown the sensed. thought they were the same as left at his hous. evidence after a while oar Spe wane ts Focus sof tarry tal ates, 99 p’eloty, . Pit 4{,—Did-you hear it first when Herold and had i folding) | tion of Lloyd Sa | LS oes ponte. made fhe statement to Col. Wells? Mr. Pirrepoint objected, saying he had no doubt what the answer would be. Mr. Merrick contended that they had this Tight, and that it was presumed the same threats wsre in operation now. Mr. Pirrepoint said that if the counsel would say that the threats were made in refer- ence to this trial he would raise no objection, but the threats made two years ago Bad noth- ing whatever to do with this case. At the suggestion of the Court this was left open Witness resumed—Does not think he ex- amixed the carbines, and dses not remember that he testified that he took the cover off, but ibinks he testified to the peculiar comstruction of the carbine, having seen the weapon after Herold took the cover off. Mr. Bradley contended that the defense had the right to quesuon the witness as to any threats or promises made, and ii was compe- tent to ascertain the threats mad reference to evidence on a former trial. He cited Roscee en Criminal Euidence. Judge Fisher said he couid not see that ue question was rejevant to this issue. Mr. Bradjey said he wished to shew the con- ditieg of the prisoner’s mind, and contended that the infinences used then may operate with a witness now. Mr. Pierrepoint said ehat this witness was not a bribed one, for he was a yery unwilling witness. Judge Fisher raled that they conld ask whether hehad been promised a reward, or whether he had been made the subject of any threat as to his evidence on this trial, and ne further. The defence excepted to tnis ruling. Mr, Bradley said, for the purpose of bring- ing this qnestion to @ direct issue he would ask the question ‘Whether he was not threat. ened to be hungif he did not swearto and sigh & written statement prepared for him, which statement contained the subsiance of proof offered in this case.” Mr. Carrington.—When? Mr. Bradley.—Two years ago. The eution objected. Mr. Bradijey asked if he did not also say that he did so to save his life, and whether he had not said so within the last three months, and if it were not for his previous examination he would give different testimony now. The question was overruled. By Mr. Merrick.—Was it a very uncommon thing to conceal guns in that part of the coun- a Opjected to by the prosecution and over- ruled. (The witness was on the stand when our re- port closed.J a THE RIVBR FRONT—Harvey’s Wharf.—Ar- rived—Schooners R N. Fox, Dunn, and W. L. Dsyton; Mills, from Havre de Gace, with coal, for Harvey, Clarke,and Given. Julia, pedanys from same, with coal, for H. Burr & Carter’s Wharf.—Arrived—Schooners Rox- anna; Frank, from Havre de Grace, 155 tons ceal for J. B. Lord; Cooper, Calloway, from same, 120 tons coal for G.T. Langley & Son; H. M. Wright, Sittles, from Philadelphia, 157 tons coal for Geo. Bogns. Sailed—Schooners Pearl, Williams, to Alexandria to discharge partof cargo. Betty Hooper, Jordon, down Tiver for wood. Riley's Wharf.—Arrived—Scnooners Sarah M. Clayton, Walter, irom Philadelphia, with coal for Riley & Son. Wm. John, Street, Havre de Grace, with coal fer J. B. Lord. Mansion, White, from same, with coal for'H. Fowler. Fowler's Wharf.—Arrived —Schre. John Francis, Atley, Yorktown, with -erap iron, wood and corn to market; Eclipse, Coox, from Havre de Grace, with coal for J. B. Lord. Crouch’s Wharf.—Schr. Wheeler; Steamer Virginia, Gregg, from down river with wood for Baum, Seh’r Join T. Williams, from Newberry, N. C.. with stone for Vienmeyer. Brown's Wharf.—Arrivea—Schrs. Octavia Allen, Elliot, trom Havre de Grace, with coal. The steamer Hi Livingston arrived at 5 e’clock from down the river witha large amount of market stuff and anumber of pas- sengers. ae a MerHopieT EriscopaL CENTENARY COL- Lnorrons — Official acknowledgments of cen~ tenary contributions in this Dieu, m. 2. Church, foot up as follows:—West Geor, town, D.C., $4,400, all appropriated to Dic inson College, Georgetown, D.©., 22,548, of which =1,34+ is credited to church debts and #995 to the college; the Foundry, $15,035, about all to the increase of church property: Ryland Chapel, , $500 tor the Metropolitan Chareh; Union, $562, 3500 for church extension; Wes- ley Chapel, $24,663, of which $21,926 goes to the new Metropolitan Church; East Washing- ton. $4,313, of this $3,000 to chureh extension; Hamline, $635, church debt credited, $257; Waugh Chapel, $1.500 and $1,509 increase of church property; McKendree, $1,790, of which $00 is increase, &c. Alexandria, Va., £1,065, ot which $1,(27 is mcrease of church property. The total amount in the Baltimore Annual Conterence is shown to be $134,330. bd oe THE PRESIDENT AND PAR”... BOSTON. 4¥ 1% The Presidential party was join = North by Gen. Gordon Grange’). tied inson, of Tennessee, an old song of the Pres= ident; Collector Smythe, of New York; Coi- lector Babcock, of Ne-.‘Orieans: Hon. U. M. Ingersoll, Se surnt. General-of Counecticat; and picerms J att and Councilmen Train and Me: ¥.,98 ioston,who are with the party as re aie, atives of their respective States, The Fresi¢ ent made a short address at Spring- field. Mies. He desired to say to the people ot a<s?.chusetts that a conscientious conviction had been his courage, the public good his aim, ?.na@ the Constitution of his country his guide. The time, even if circumstances permitted, would not allow of any extended remarks, but he thanked God the time had come when. the people of the deleted Me § reason with one another; that the time had come when pas- sion had subsided, and truth and reason had Tesumed their-sway,and they nowall could Unite their energies in order te promote the Diet as and prosperity of a free and united people. In Boston yesterday morning the President and party, accom, ‘by the municipal au- thorities, visited the State 1001 Ship, having béem conveyed thither from the wharf ina tug. The boys were ranged at their desks in the lower cabin. The President was seated ar the head of the reom,;in company with Post- master General Randal, R: hve Hook- er, Geperal Banks, Ex-GoyernonAndrew, and Jyane Olin, ot the Supreme Oonrt of the Dis trict of Columbia. Collector of Gustoms R sell conducted religious services according to over one Luntred, tang Muicieey ee ae . : joas Ex- Governor Banks, one of the founders.ot this reformatory-institutiony was calfed pon to- address the youth before him. His remarks Were of a congratulatory character-ot earnest encouragement and advice as to ir present and future conduct. Jndge Russell said th had with them a man de an vered until he had reached the highest on earth. Letthe boystead the history of Andrew Johnson. They could not ae become. Presi- dents, bat they could’ all become rosa ana ae men: Father: ‘Payior,‘@ remarkable mis~ sionary and seamen’s preaeher, deli: > |address appropriate tothe occation Poraae | ter General Rand words of ottourartaent eae = Pris, av this State institation. Madame PA, who had bees Specially invited te be present,: sung a 6 ng, and subsequent A ‘Marta, much 1 the Seight of overs one” Soyo (eral hours were ‘thus péesed on’ board the | ship, ana the party returned tothe notel.at: