Evening Star Newspaper, August 7, 1867, Page 3

{eee ING STAR. Wy For “AUCTION Salve” advertisements eee fourth page of to-day’s STAR. LOCAL NEWS, pcm “aos, as THE TRIAL OF JOHN H. SURRATT. —o= Personal Explanats = The Charge of Sudge Fisher. Sg The Case Given to the Jury. eS ‘The triaiof John H. Surratt was resumed “his morning im the Criminal Court, before Judge Fisher, The announcement that the ease would be given to the yury to-day drew a crowd, and every inch of standing room occupied long before the opening of the court. The court was opened at 10:15, and ‘Mr. Merrick said the connsel for the prosecu- on yesterday introduced @ record'in reference « ye, wud stated if the counsel for vce had Keown of that record their re- arks were cruel and unjust. Mr. M. said the record of his dismissal was not known tocoun- sel, und it had been made since the defendant's cou | referred to the charge. vdge Fisher asked if that record was in evi- dence. Mr. Merrick —No, sir, but the counsel re- ferred to it. Judge Fisher.—The jury baye nothing to do with it Mr. Merrick.—I desire to make @ personal explanation Judge Fisher —Very well, sir. Mr. Merrick continued and said the reeord of lis (Sergt. Dye's) dismissal had since been Insde, snd it was not known to counsel when attention was called to the charge Upon an examination of the record he tound that the complainant had agreed that the case be dis- missed it the money was refanded to him, which it was charged was committed, and had heen passed. Mr M. then read from’the testi- mopy of Susan Ann Jackson. She did stae Uhatthe was examined bafore Capt. Olleott. He next reterred tot umony ot Jud Glin, and other portions which he claimed been mistated by counsel for the prosecution. us hedid not read enongh of the testimony to give the jury an idea of what itwas. The cousel had ssid the Supreme Court had not decided thai the military commission was ille- al FM Carringten objected to atl this. Judge Fisher sard the counsel had read such por ions of the testimony as suited him, wlieh be dA Tigut to do. Mr. Merrick said the gentleman (Mr. Pierre- Point) had bronght into court during his #r- yumeut. what be said was the original record be conspiracy trial He (Mr. M.} was no esd toirke auyibing which came from the Judge Advecate Generat's office, unless he had anopportunity to test the same, He had re chose ‘o look St it, because be ms- irnsted whatever came’ from the Jadge Advocate per: office. Mr Carrngion.—The eloquence of the gen- an bad been marked by b nthe ers of tne vernmept and es Merrek suid he wished t per- erday thathis informa- he recommendation to the conversation Judge Holi. had He | Mr. ML } Authorized publication ot which had th sanction which contamed the those prisoners, and the ap- tence signed by the Prest- Unita es. In thie record, under B exudation form wow is true, Wha not tre, ceriy re him t piraey t7 Holt, at rey; and if was ‘publisked then is Mr. Bradley said that reference was made to | mapon which was the Ogdensburg ronte, map Was not ineyidence. I: was bu & omersm e Fisher ssid that was understood by © were maiters for the jury Hect the evidence better than n of the Jury -—«Whogo cheddeth Man's blood vy man shail his blood be she. Sospake the Almighty to his eervant Noah when great ceinge bad receded and the Ark bad safely rested upon the holy sammit et Mi. Ararat. This is God's own law. and ‘S wisdom is 3 wions. Now and then We meet with sent nin philosophers Who think themeelves wise above what is written, and who deem it their duty to lift np their voices in conéemna- on of this feat of Jehovah. andalthough they .ve msde but few thorough converts to their peTuicious doctrines they” not anfrequently Suc. eed in creating in the minds of honestand tender bearted people a morbid seutimenralism Which leads them tgo often to shut their ears To the stern voice ot Ynstice, and listen only to tle, Kindly whisperings of mercy, for- thai mercy to the guilty is injustice to ent. With such seattmeatality you rors, nothing, whatever, todo. It ier of yours to inquire whether the oner at the har isa proper subject of E: cullse clemency, if you believe him gnilty cf paritcipatieg in the erime with which be Studs charged betor# yon, but simply to de- termine his gniit or inmoceuce. When the dark clouds of war, which for tonr years bud lowered In our national horizon bad Ieyan to lift, and the sun et peace iadden u nWwith its beni when the m Yot rebels w the tras from Richmond, owered and had surrende: of the ace, and the army un- in, flying from impand- ty was radiant in of the downfail of t wicked and atroefoas ibe military ber cer Jounson ing capture— iiluintination the s revelion—wheu the hear ali loval men Wer poly and dane.ng co the merry ps-ans ci vicory and when the eyes of ail lover. of peace |b ne aghou os# great k.nz ot mat re exzerly look- tuever tor even dec harit aM inthe huuid hive passed been Lifted ay other pd bi do. in b= clasped th aud Stares dis- hermonious Bevered 30 Telations; on’ the 1, 105, the €XeCN VE bead of tas 20 Qn lef of y hay. Dy the most tent and acy, the record ot Which bh pages of Lastory. w t ds of the | etropulis y shadow fring ine de ek ora wicked king or ots wise or heriausnt monaren, bat you nds wellas yoo kiow that rite duly elected yple on than aperor, Fung Ir trong ho hove made bum their a. aud ity bave no Toysi blood cours roucn his veins, You may be told that iis 4 crime surpassing. ly heimous to take or fo compass the life of Bim who has occupied a inrone simply because Le may be the king of an es -laved people, but thar to take the hfe ot a President Of 4 {Tee repubite isan olfence of no greater ausgnitade than to murder the veriest vaga. @ that walks your ereets: hut an American jury wi!l ouly believe this doctrine When the people bave become so demoralized t. £0 devoid of the love of liberty King and them by the accident of ruler foisted upor birth or t ner than Dave The meleing of him who is 10 exec for the tine being. (© stané as the representative head of therr collective soverei; Itis a mistake to suppos* that arrae people in any will ever consider ita more 19 sarrouad aPresidentota Republic win safe @ssacred and powerful as those which chies, are thrown sbout a King, 18 samodern ides enteriaimed or ly b been Uazcied by Vis who are desirous of ¢ Gens for a monarch Ts. in of govern- ng ourd i form ment On @ contrary, they only can be opposed Ging wath sacred vigilance the lite ofa 1 Of a free p-opie, te sab the ral hould the people be les: i 8 tro eives, than nid be of the life of him wh “ over them of sown nicht! Wheo tht. ques. Ton cA be Rensibly aeswered, Eshal to tin the [ite ots Pre-iient The preserving thar King, aud that to « soy the life tisa me of jess Tocy (Dau to merely desire the death + Prince: but not tii then: nor do 1 believe will ye « >of th pore cent, Abraham Lincoin. aT WhO took the life o . nthe Lith day of il, 1s 5—be who tlred the faral snot. —ip bis Hight from the eof the murder, Was overtaken by the « vengeance of the Almighty. and died atice danas Kuve: Others charged a3 co-c1 this enerm enim pirators in were tried two years azo by milit qam'ssion: Some of them were condemned to expiant rheit gull! upon ine gaiows, Bud others doumed to suifer tm- prsonment for ht You have teen told. centl-men, in the arga ef thas case, hat tore who were tried € that miliary commission, and hung Lis findings, were fheraselyes the yierine and ‘di-etacetui coi Braye, gallaut apd ho Dry Tortugas a bi murder. + | ereren Sts authority, there is no | what is | * Fisher then delivered the following | Knowledged by all civilized | bis pur- | of their country have been held up before you as inbuman butchers of innocent men. It'has been said in support of thie denunciation that the Supreme Court of the United States, have, in the case of Milligan, declared that the mill. tary court which tried Herod and others for the murder of Abrabam Lincoln was an iNegal tribunal, organized without law. witn- out right, and without werrant in the Gonati- tution & mere convocation of military mea, baving uo right to try the cause committed to them by President Johnson; and it nas been said that it was convoxed not to try, bat to condema In my humble judgment the Supreme Court has made no such decision. If sv, why have not the prisoners now confined upon the Dry Tortugas for complicity in the greatest crime of the ace been releaved from their confine- ment. They have sympathizing friends enouzh to have applied any such decision in the direc- tion of their discharge, and they would not have remained there a week after the decision had been made to the effect that they were unlawfully restrained of their liberty. If 1 understand the decision in Millie: case aright. it went upon the ground that Com- miesion which tried Milligan was not or- ganized in obedience to the act of Congress, providing for the punishment of such crimes ashe was charged with committing, and the opinion ef the majority of the Court upon the ground that no hestile foot had ever pressed the soil of Indiana at the time when he was arraigned before a military tribunal there, aud that therefore that tribunal which condemned him for acts of treason committed in that State had no authority to try bim, notwithstanding the whole nation was involved in the most terrible struggle for its life. The majority opinion being thus predicated upon a perver- sion of historic truth, we could uot perhaps have looked for a more rightful deduction. Unpprepared, béwever, aa all loyal hearts were for such an announcement, the American people would be even yet more astounded to have it declared by any court in this country that the Commander-in-Chief of the Army and Navy, the President of the United States, has not the power in time of war to irstitute a mi iary commission for the purpose of trying a gang of spies and traitors who have found their ‘way within the entrenched encampments of the nation’s capital to take the life of the chief ot the Army and Navy, to assassinate all the heads of the executive departments in the interest of the pretended government with which the Federal Government was engaged in war. They who maintain such a dogtrine profess to defend it upon the ground that no such power is delegated by the Constitution, ax they did who conld find 10 warrant there to coerce seceding States into submission to the Federal auttority: but the day has passed by when honest statesmen will longer, if they ever did, regard the sovereignty of the Fed. eral Union as possessing no other pswers rave those expressly enumerated in the Con- stiimtion, The Government of the United States was doubtless created by the adoption of the Con- | sttution. Bat when it bad onca been spoken | into bemg it stood upon the same level with | other nations, and was clothed upon with all | the powers incident to an independent sov- ereignty under the hat ons, and among these was the power, in tme of war or great public emergency, to arrestand inflict upon spies and traitors the most summary punishment, whenever and Waerever the sirong hand of military ju-tiee car be laid upon then. Itis a power incident to the right and duty of sclf-preservation, aud | Obebt to be exercised, just as the individual | owes itt himeelt to who is feeling fr bl wating to ng to the fo: d the Constitnuon. The right of Herds not to be inseribed upon y either for maividnals or for suv- ‘The Alnuignhty impressed this righ? and duty npon the hearts aud minis of meu lonz before. He wrote the decalogue upon | the tables of stone. To sny that this Govera- ment Das no! the power in iim ise this gr duty of seit | want ot warraat ia the Uons demn Ue acti arebiner nd Spin and og far beyona the limits of ortzinal teen States, because such power cf acquisition and grewth is not pro- ed fer by the Consiitnrron. Both these | powers are but the incidents of sovereignty, | tequirmg no warrant in written governmental charters: they erived from common aw of naton-, and are coexis:ent with soy- | ereignty. i But with this Military Commission, gzentle- men, you Dave no concern at this time: whether | it was a legal or an illegal tribunal, is not the matter npon which yon ara now called to de- | cide. The oath that yoo have taken requires hat yon shail‘-well and truly try, and true eliverance make between the Uniteu States of | America aud Jobn H. Surratt, the prisoner at tbe bar. whom you have in charge, and a trne | ¥erdict give according to yourevidence.” Tne | poeoner stands before yon indicted for the Tourder of Atrabam Lincoln on the 1th day | of April, 1°65, in this ciiy. About the time ans | place aud manner of the deat of your late President no controversy has been made in 1ne case. If there bad veen, your recollection of a nauon tars and of a whoie civilized world i mourning Would have revived yout mem- ery of the ead and terrible fact. The onty question, therefore, for you to determine is, whether the prisoner at the bar parucipated | with Jobn Wilke: Booth and the others named | 10 the indictment, or either or anv of them, in this diabolical crime. If, from all the evidence in the cause your minds «null have been con- vinerd beyond a reasonable doubt growing out of that evidence, that the prisoner did co- operate with them: tf that sual have proay ” moral con viendo: m your iin thar the prisoner did participate in the couspiracy iomurder,crin a plot to do some nuluwtnl sect hor ed in this foul murder, no consideranon as to the legality or ilezality of he tibupri which tried the prisoner's m9- ther, bo feeltugs of sympathy tor other mem- hers ofthe tamily: no cousiderarion of tis youth, or that other lives have al d for the crime, should for a singie mo- Mptyou to step aside from the plat pathway ofdury. If, however, upoa a full sua careiul consideration of the whole testi. mony, wuirfinenced in the slightes! di Dreiudice or bias of whatever ¢ » that mera! conviction of the prisoner's guilt Shall | net beve ben impr r minds. bor you sball sullen and un- biased reasonable doubt ts+lf upon your jedgm S$. und suggesting th erecible proots pot the dir ) risoner’s gialt | stittne comms is of ine cou=iruet trom tae ia the cause, you wil benett of snch doubt. It as 5 + bowever, gentlemen, to say to you thar this deunt, to the benefilot vehoeb the prisouer isenticied. must nol be & mere speculative or capricions one, prompt. | ed by passion, or prejudice, or pity, or feeling oc any king save the desire in your hegrts to do x I justice by rendering a verdict tn nee with the facts. It must not be @ vieue suggestion that, after all, ue prisoner Thay not be guilty: it mnst no: be the m=re shadow which the angel wing of mercy inay momentarily cast upen your mental vision; but it must be such a ‘doubt as tue voice oi Justice shall whisper in your ears. If the testimony shall couvince your understauding of the guilty participation of the prizoner with Booth or others in this erime, such conviction fa the moral certainty required by the law, and itexcludes the idea of reasonable doubt. The indictment in this cave charges the pris- oner with being engaged in # conspiracy with Joun Wilkes Booth and others to effect the murder of Abraham Lincoln, and with haying succeeded in the accomplishment of that at- troctous crime. thas been argued by the counsel for the prosecution that to take the life of tne Pres gent of the United States 18a crime so hainous in its character that each of the conspirators 1a Tesponsibie for the act of each of his cy con- spirators, commitied in furtuerance of the con- epiracy o long as he continues to be a member of thatconspiracy: and that he can only be re- lieved of criminal responsibility by repenting, ebandouing und renouncing his connection with the conspiracy,and countermandivg any orders be may have given in relation tort. On the other band, it is contended by the coungel for the defence that the iudietment no- Where charges a conspiracy to kill or toe kilbng of the President of the United States: but smply charges a conspiracy to kill or the killing of Abraham Lincoin, the individual; that inasmuch as there is no allegation the indictment showing that Abraham Lincoln at the ume of the murder was President of the United States, but simply avers the killing of an individual, the case 18 te be governed sole- | ly by the same principles of law which are xpplicable to erdinary murder, and cannot be regarded by you as being in any degree more |b os injis character; that even admitung that to take the life of the President o: the United States isa more heinous crime than 2 bole € eviden the ‘© | tbe murder of an individual in private station, | yet tor ihe want of an allegation in the indict. | Tent of the tact of Presidency, you cannot, no matter what the evidence may be as to the | Kuling ct the President and all the heads of departments, and the Vice President, in your consideration of this case, and in’ making } Up your Tegard it as a crime | standing on the same footing in its atrocity | with the crime or treason or conepiring tbe | death ot ® Ming. They argue that, although | by the common lew of England to compass the | death ot a king is @ erime so helnons in its character 4s toadmitof no accesories bet r= the st. yet the Iw Of murder is different in Eog- | Jand und here, and that in cases of murder Le | who counsels, aids, or commands another to | Commit murder, without being present to ren- der material aid tn its commission, can only be proceeded againstasan acceasary before the fuct.and not R= ® principal, asin this case, You are told thatitmuet both be alleged in the indictment and proved by theevidence. or yort cannot consider ihe kiliing of a Presideni, or the conspiracy to murder himand all the niet officers of the Government for the purpose of bringing anarcby Ad contusion on the nation, ADO (bus to favor te cause Of the rebellion But there are some other things of whien courts and juries wiil take judicial notice. One of the elements of the definition of murder is the killing of & reasonable creature.” Itis laws of nature and of | Hl Ady been | never either alleged in the indictment or prov: un tbe evidence that the subje6t of the crime ahuman being. Itis mot necessary, becanse i is one of those things thst are presumed to be taken jadicial cognizance of. It is not al- leged in the present indictment that Abraham Lincom was @ reasonable creature, nor bas ny proot been adduced toshow It, nod yet we take judicial cognizance ef the fact. So we may iake judicial cognizance of the fact that at the tme of his murder oe was the President of the United States, because it is something Known to every man, woman and child m the country capable of knowing snything; and taking such judicial cognizance of it, tt need neither be alleged in the indictment nor proved by witnesses. It is true, es tated by the coaneel for the defense, that it has been Jaid down by Sir Mathew Hale, in bis work entitled ‘- Pleas of the Crown,” tbat although treason isso heindus in its character as to admit of no acce-suries before the fact, but that its heinous character makes all principals who in any way con- iribute to its commission, yet that murder and other felonies not being ‘so heinous character, aiders and abettors are to ceeded against only as accessories before the faci. When, however, comes to treat of misdemeanors, & lower grade of crime than felonies, he tella us that they will not admit of accessories before the fact because of their want of character sufficiently heinous—the prectee reason for which accessions are ad- mitted in crimes amounting to felony. Later writers bave generally followed the law as laid down by Lord Hale, and many decisions have been 1ounded upon that authority—the writers and judges seeming contented with bis reasone, ate indisposed to depart from the principles laid down by him; but I confess the Yeasons are not very eatistactory to my mind. Lbave never been able yet to discover any sound reason why he who originates the plan of murder, but employs another or others as his agent or ageuts to perpetra‘e the crime, is not equally guilty with the perpetrator of it. 1f I, actuated by the malice of a depraved and wicked heart, co ceived the purpose of murdering him whom 1 suppose to be my enemy, bat, laeking the op- portunity or the courage to carry my parpose snto execution, hire ar other person who wiltul- jy executes my wicked design for me, common sense and the common conscience of mankind, which, after all, seldom fai) to direct us to the true principles of the law (which has been de- fined to be the perfection of reason or common sense) would seem to dictat? that 1 cannot be less guilty than the agent whom 1 had em- ployed, upon the well known priuciple of law that he who dues an act by another does it by bimselt—a principle which has been recoz- nized by the Supreme Court ot the United Stares im the case of Gooding vs. the United Stues, 12th Wheaton, page 460—as applicable to criminal as well as civil cazes—a pringiple Tecegnized in more ancient aad higher au hor- ity than even the Supreme Courtot the United Siates, or than Lord Hale or any other writer upon the law, to which we are accustomed to “leok tor principle and precedents. Dhere are two cases which now occur to me, probably others might ba found.) reported im that book of highest authority known among isttun nations, decided by a judge from decis'on there can be no appeal, and ba- fore whore solemn tribunal all judges and yu- rors will, inthe great day, have their verdi-t= judgments passed in'review. Man can- ho’ make better law than God, nor can he bet- ter exponnd or administer the law. One of these cases is thatof Naboth and Ahab, con- sled in the 2ist chapter of the Ist Book of pes. Naboth, the Jezrulite, was the owner fa vinevard King of Samaria, Pidsty ot the latter, who offered to pnrchase I with Money or torivein exchange forit auoth- er vineyard, bor Naboth was aa willing to parc with it because it was the inheritance of his faibers. ‘This exeiied the wrath and dis- plessure of King Abah and his Queen Jezebel. veho conspired together to effect the death of Nsborh, and they succeeded by haying wit- nesses Suporned to swear against him a blaspbemer, that he might be stoned to ceath by the elders and the nobles of his city. ‘ihe plan wes laid by Jezebel: tLe motive to the murder was Ahab’s cu pidity and hw lent his wife his signet ring with which to seal the letters which she sent to the elders pnd nobles whom she employed as the agents tw cousummate the wiczed plot. Two sons ot Belial, we are told, were the perjured witn +s who proved the blasphemy on Naboth, and thus effected his death. Ahab, protiting by the crime, took possession of the Vineyard of Na- both: but the word of the Lord came to Elisha, the Fishbite, saying, “Arise. go down to Ahab King of Israel, which is in Samaria: behold he 18 1n the Vineyard of Naboth, whither ha has gone down to possess i; and thon shall speak unto him saying, ‘Thas saith the Lord, Hast thon julled. aud also taken possession’? | In the place wh-re dogs licked the blood of Na- both shall dogs lick thy blood. even there. and i came to pass that dogs licked up tue bicod wf Ahab according to the judgment which God had decreed aginst him.” ‘The otber case to which I have alluded ts that of David ana Uriah, recorded in the 1ith chapter of 2d Sam: Uriah, a subject of King David, was @ brave and gallant soldier m ibe army of Joab, which was engaged in war with the Amorites. His wife, Bathshebs, was comely in person and very beautifui to look upon,and King David coveted ber. In order to effect his wicked purpose, he seni a Jeter to Joab, Lis chief captain, even by the hand of Urian bimerlf, saying, «Set ye Uriah in the fore frontof the hottest batile, and T2- turn ye from him that he may be smitten and die." Joab obeyed the behes! of his king, and Unah tbe Hirfite was slain. Bat thy Lord rent his prophet Nathan unto David, saying, Thou art the man who did this evil tang. Thoa bast killed Uriah the Hitute with tna | sword, and slain him with the sword ot the children cf Ammon.” This judgment of the Lord was not tha! David was accessory to this murder, but was guilty as principal, because he proenred the tourder tobe done Itwas @ judgmeni tothe effect that he who doe- an act by tneiber does it himsel!, wheter it bea civil of a criminal ac ‘The counsel ror the prisoner at the bari this case couend that he was notin of Washington or near enough to thes the murder to baye taken par iu it by me woterial aid to Booth, the act ced on the part Of the Government | well of the di shows stcn to h heen the tuet. This is what i: termed in Jawan alilt; the In for else whi This isa line 1 beldin lide by the Ss) nol on Thon sense tedelies us easily supported by perjury, but becanre tt 1s one involving identity of ume as which mistakes are very easily made, so Litas hy no means diffical: to support this especially after the Inpse of month or years) by the testimouy of honest Aud fasthiul wiuessess, who on account ot the greet babiity of the human mind paricu- larly when infiuenced by the promptings of pity or sympathy, to be mistaken as the pre- cise time in reference either to days or hours. The past history of crime teaches us that in the days of notorous public depredstions upon sucie'y it was a very common device to gallop upon fleet horses straigDt across the country, and by appearing betore credible witnesses shortly after the com. mission of a robbery or other crime, 10 obtain the testimony of such witnesses, and thas secure an acquittal by an alili. We have an instance ot the Bonest fallibility of the human memery in respect to the idenuty of time, under the promptings of pity or friendship, orsympatby, in the case of the Common wealih of Massachusetts against Webster, for the killing of Dr. Parkman, come eighteen years go, in whieh several witnesses of respecta- billty swore so positively, and yet so honestly, t» tacts, placing i: beyond the pale of possibility that Doctor Webster conld have been present a: the scene of the murder; that the general e+nse of the community seemed in doubt as to whetber Littlefield, an imporzant witness for the prosecution, was not in fact the real mur derer of Parkman, nnd yel, atver the verdict of It he jury bad been rendered and the sentence of law pronounced against the prisoner, Webster, who knew better than any other mortal, made full confession of bis guil', If it were true that hard ridings across the country in olden times furnished facilities for criminals to establish the defense of an alibi, how much greater facilities for that purpose are furnished at the present day, by the power and speed of steam, by which space and time bave become almost annihila. ted. I bave already eaid that this plea has always been regarded with extreme suspicion, and yet when once clearly establisued tothe satisfaction of the jury it constitutes the most complete defence." Bat an honest and eenst- bie jury cannot fail to regard it with suspi- cion, ubless it shall be so clearly established as to satisty them of the prisoper’s absence from the scene of tne crime. The suspicion which atiaches to this plea has passed into a proverb among the people as well as with the courts and juries; and it is true that an unsuc- cessful sttempt to establish an alibi is always a circumstance of great weight agains( « pri. cner, because a resort to that kind of defence implies ac admission of the truth of the rele- vancy of the facts alleged againt him, and the ccrrectness of the inference drawn trom them. In this connection I may also observe thai when once & conspiracy to commit a crime all have been proved of the party who is on je trial for an act done in pursuance of that conspiracy—he Baving been connected with lt—if the ‘evidence shall satisfy the minds of the jury that he was present, either consiruct- ively or actually, that is to'say, either at the scene of the crfme in person, or near enough to give any the slightest eupport or encourag ment to the actual perpetration of it, or if he be remote from the scene for the purpose of Alding it and in performance of this part of the plan assigned to him, be is equally guilty with bis co-conspirators who actually perpetrate the crime. You bave been told, gentlemen, by the coun- sel for the defense, in & manner not very re- speciful, certainly by 00 meats compliment ary to the Court, tbat you are the judges of the law as well as the facts in criminal cases, and that you have the right to disregard the instructions of the Court in matters of law, ‘and they teil you that their exposition of the law and the weight of character they possess may be more safely relied upon than the ir. tructions which may be given) you by the Court. The weight of character of a prison- ers cou! would. be a very variable and not unfrequently 8 very ansate criterion by which the jury sho! be Sedan. as to the lew ot bis case. Perbap® y would have you regard the Court as sitting apon the bench m wo Cischarge the duty Of preserving order in the court-room, which pro! the erier of the court or the aii sdight disposed to ira As an usurpation of Bis prerogative. If the jury are to entirely Glerogara the judge's in- Biructione as to the law ofa case, Poosfess 1 ace but Jittle left than that for him to perform. It ietrue gentlemen that you have the Pow-r; And in caces when your consciences are satis- fied that the instructions of the Court are dic- tated, not by an honest desire to enlighten the jury, as to the true state of the law, but by corrupt and wicked motives, you may have the right to disregrd the lastractions purposely intended to mislead you. But to claim that the jury are better judges of what the law may be than the Court, is About as reasonable as to ‘s-ert that a plain farmer or merchant may be taken fresh from bis plow er bis counter, and be more capable of navigating and maneuyer- ing a steam frigate, er to lead yourarmies tocer- tain victory, than your Admirial or your Gen- eral-in-Chief. In my opinion, you ‘have just the same right to disregard the evidence of the witnesses who stood before you unimpeached in any matter respecting the facts involved in the canse,as you bave to disregard what the Court may eay to you under an official oath, as to the law that may Apply to the facts. A jury have the power 1f they choose to exercise it, after haying assumed the obligations of an oath to eay that they wil neither believe the yudge nor the witnesses, but decide the law and facts according to their own caprice or the confidence which they may repose in the counsel on either side; but suc is not the purpose fer which juries were in- stituted, and they bave no right so to act. ‘When the witnesses in the cause have testified Detore you as to the ficts, itis then the office of the judge, under his official oath. to testify to you in the spirit of truth, according to the best ef his Know!edge and ability, as to what is the law which may be applicable to the: nd an bopest jury: will disregard ne: ther the testimony of the witnesses nor t structions of ihe judge, unlees they are eat: fled that corrupt motives have actuated them. They will leave the party to his jegitina.e r dress, a writ of error to the appellate court. Much stress has also been Iaid by the counsel for the defense, upon the fact which they assert, that during the progress of thie trial more than 150 exceptions have been taken to the ruling of the Court, concerning the ad- missibility of evidence. ifthey have found themselves under the necessity of calcalating tbe number of these execepiions, and parading them before you with a view of having vou t> render @ verdict according to irrevelen: evi- dence not before yon rather than according to the testimony which you have heard, 1 have no digposition to eriticise their taste, but leave them to present their casein their own way, Atthe same ume I feel tt my daty to remark to you that if counsel will beso bold as to present propositions to the Court which every tyro in the profes ought to know are un- ievable. itdoes 1 “sarily follow that the Judge must siways be sv weak «ts fo sestain them. Ithas heretofore been supposed that exceptions to the ruling of a Jnage at nisi yrius, Were inlended to be passed in review before the appellate courts. J haye never be- fore Known them to be neatly calculated” presented to the jury im the way of argumen in reference to icese matter I may observe thar perhaps I owed tothe bench to bave interrupted conduct of the ense in ‘his paricular, butiv a cause involving the life ot thy prisoner upon the one hand and the yiedication of the our raged justice of ann'ton mourning upon the other, I deem it my cuty tocast not an ton im the one scale or t "tT, which inight by any ibility tend to yp lice either side of the issue. I come new to direc? your atwention 1 @ general way ie theevidence Ir would hooto review itin deral! wit in the been nearly exhausre atready = that the c por and si to acquit the pri ey have also ea- ceavored to destroy the eredibint if not sil of the matersa! Umony to connect the pris of the erime, eliher by co g them vy other witnesses on points material to tha issne, or by attacking their eharact r for credibility. whether they have succeeded in destroy the credibility of any one, or more ot them, you are to determine On the other hand, the prosecotion rely for @ conviction on the rvidence which they ba spread before you, tending to show tha malic: of the prisoner towards the Federal Govern- ment, and especially towards the deceased, Abraham Lidcoln, for alon< time prior to the murder. His frequent communications and interconrse, private, confidential aud myste- rious, with Booth and the oiher co: pirarors, personally and by letters; his interest mani- jested in providing quarters a: the Herndon House tor Payne, who attempted to assassinate Secretary Seward: his procurement of arms for aiding the escape of Boothand Herold, and nis concealment of them at Surrattsville prior t@ the assassination of the President: bi Inbrication of false accounts aud contradictory statements as to the object of his movements his expression used to Smoot shortly before the aseassination of the President thatifthe Yan- kees knew what he was domg or was abont to do, they would stretch his neck for him; bis fixing of the wooden bar against the door of the President's box at the theaver: bis presence bere in this city ow the day of the murder: his being in company wih Booth and McLaugh- lin at the barber's on that day; his appearance in front of Ford's Theater onthe nigh: of ihe murder; his excited aud suspicious maaner while there, aud his calling ont the time to Booth and the other men h them, two or three tmes shortly before the fatal shot was fired by Booth as the signal for action his alleged activity : the management of the enure conspiracy planned for the faral evening of heariy, whore te body Of the 14:b of April; his tight from th eily on the morning of the 15th of April, as soon as it was possible for him to leave: his swift haste to get into Uanac his mother and family; his con: ealmeatof bim- self in Canada at the house of tie rebel sym pathivers Boucher and Lapierre: his disguise of his person by tbe coloring of bis bair, the changing of his dress and wearing of specta les bis Hight from Canada under an assumed bume and disguised personal appearar his free and Voluntary eontessions to Dr. McMillan on board the steamer Pernyiin: bis constantapprehensioh of tha United srate detectives, even on the British ~teamer and on british soil: bis tigi? frum Eugiand to Rome, and entering the papal service: his confession to Si. Marie while there, a3 to the manner of his escape from Washington immadiately after ibe murder; bis failure to prove to you wher be eatand slept during the time when he left Montreal on the 12:h of April till be returned on the Isth of the same montu: bis fligut from ome to Egyp'. All these matters are pre- ented for your careful and candid considera- tion. You are to weight them all, and then make up your verdict. Jn giving these mattere your atiention you will not fail to remember that fight from the Fcere of crime, the fabrication of false accounts and contradictory statements, the concealment of instruments of violence, are all circum. stances strongly indictatiye of guilt. You will turther bear in mind that a confession of crima, when freely and fairiy inade, the body of the crime being proved, (which is in this case the fact of murder,) is one ef the surest proofs of Euilt,because it is the testimony of the Omnis- jent speaking through the conscience of the culprit. You wiil not, either, forget that cir- cumetantial evidence carries with it the high- €st degree of moral certainity. These are well settled rules of law to which itis my duty to invite your attention. From the observations which I have ad- dressed to vou,you willinfer: First. Thatacon- spiracy formed in time of war to ‘ake the life of the President and Vice President of the Republic and the heads of the executive de. partments, for the purpose of aiding the ene. mies of the Federal Government, by throwing it into anarchy and contusion, Js treason as heinous and as burtful to the people of this country as the compassing the death of the King or Queen of Great Britain is to the sub- jects of that realm. Second, That every person engaged in such conspiracy, as jong as he continues member of it, is responsible not only for the act of trea- son, but for any murder or less crime which may flow from it Third. That the Government may waive the charge of treason against any or all the con. spirators, and proceed against them for the emailer crime of murder, included in the greater crime of treasou. Fourth That under an indictment for a mur. der resulting from the prosecution of such conspiracy, evideuce of the entire scope of the conspiracy may be ccneidered in estimating the beinous character of the offense laid in the indictment. Fifth. That it was not necessary to ayer in the indictment the fact that Abraham Lincoln, the victim of the murder, was at the time of its commission President of the United States, or to prove it in order to allow the jury to take that fact into the account in determining the heinous character of the crime, it being a fact of which Courts will take judicial cogai- zance. izth. That he who does an act by another oes it by himself, and 1s responsible for its consequences in criminal a8 Well as in civil cases, Seventh. That altbeugh an alibi, when clear- ly established, forms a complete and onan. swerable defense, the mere absence from the immediate scene of acrime resulting from a. conspiracy unrepented of and unabandoned by the party charged, it will not avail him if he were at some other place assigned him per- forming hie part in that conspiracy. Eighth That this plea is, unless clearly made out, always regarded with euspicion, and chcumstance weighing Sgainst him who at- tempts it, because it implies an admission of ‘the trath of the facts alleged against him, and the correctness of tbe inference drawn from t his abaudoument of Ninth. That flight from the scene of crime, the fabrication of false necounts, the conaeal- Ment of inetroments of violence, are’ ¢ircam. atences indicating guilt. Tenth. Although 8 confessiou in the slightest Gegree tainted with the aoe of. bY Gurets or fear is not admitted Leg ead joe ogainst biti who mskes it, yet ff made freely ae voluntarily is oe of surest proots of mile, : } &' As to the credibiity of the witnesses you are to be the exctusive judges. You see them face totace. You know whether they are con- firmed or unsupported, or contradicted bv other witnesses of credit and other circum. Stanoée. You are to judge whether their tec. timony bas been impeached, and are to con- sider every matter which will tend to shed any light upon the question as te what bus deen trathfally or falsely deposed by any ‘witness. You will di'igently collate and compare, and carefully weizh and consider all the testimony in the cause on both sides. Yon wili not disregard or reject the testis mony of any witness unless you shall be s@tis- fied that he bas been shown to be unworthy of your credence by reason of his want of character for truth, tis contradicting himself, or being flatiy c: niradicted by otners of better credit. or by dishonesty of purpose manifested by bis conduct and manner in testifying betore rou. 7b conclusion, you will take the case with the honest purpose to do justice to the United States and the defendant; bearing in mind that At is the office of the law to secure the punish. ment of the guilty and the protection of the innocent. It Jobn H. Surratt, in the honest and intel- Higent conviction of your judgment and con- sciences 18 not guilty, 80 prononnce by your verdict, thus giving a lesson of assurance that & court of justice is the asylum of innocence. On the conirsry, if guilty, pronounce him guilty, and tbus by your verdict turnish a guarantee of protection to the intended victims of guilt, and a testimonial to the country and to the world that the District of Colambia, set apart by the Uonstitution of the United States, as the theatre fer the exerciee of (ederal power, gives the judicial guarantees eseential to the Protection of the persons of the public ser- vants commissioned by the people of the iom to do their work safe aud eacred from the presence of unpunished assassins within its borders. Mr. Bradley eaid that he understood it was ‘Bot necefsary for the defendant's counsel to re- duce their exceptions to writing and have them signed by the Court before the jury re- tired, but that It could be done atterwards. Judge Fisher replied in the affirmative. Mr. Carrington then handed the indictment to Mr. Todd, the foreman of the jury. Mr Todd asked it the jury could havea copy of the record containing the tewtimony. Judge Fisher replied that it was not custo- mary to allow the jury to have the written evidence. Mr. Bradley said so tar as the defense were concerned they were pertectly wiiling to allow the jury to have a copy of the recora. Mr. Carrington saidbe must adhere to the establirhed rule of practice, and he therefore ed it tobe bis dury to object to the jury ing A copy cf the record. Judge Fisher said we must act the same in this as in other cases, and direcied the case be given to the jury. Mr. Middleton, the clerk then administered the following oath to the bailifts, Messrs, Wm L. Koss and Robert B. Hughes, «yon ebut! take this jury to some convenient room, and keep theni apart by theiselves, you shall uot suffer any person to speak to them, neither all you speak to them yourselves gules it be fick them if they have agreed npou a yerdict without the permission of the Court.” The bailiffs tcok charge of the jary, aud they retired to theif Toor a! 25 minuies before Lz o'clock. ‘The crowd inthe cour'-room walted for some time nily atier (he jury left, seemme to ci that the & verdict; bu eTibg gor being whispered about the cou ef the jurymen had sent on’ for a pillow ar some provisions. ‘This indica’ed that the ja were not likely to agree soon, and expected make a night of it: and sume of the spectators begun to leave the room. ‘The pri-oner looked ule pale aud auxioug, but put on a smiling countenance. The trial commenced on the ith ot June, and covseguenily has listed over eight weeks Upto tour p. m.the jury bad novreturaed a verdict, THE Sexe 7th street Par . Last night there was @ vast crowd assembiod, and by the returns the pecuntary proceed: were more satisiuctory than those of the previous day. ‘To-day the festival, at the hour of our going to press, bud not attained the magnitate in the number of visitors as that of other days, yet © was nodonbt of there being an excellent attendanes, and theexpected presence ot Pre ident Johrson and other notebles, will swell the throng ere tha shades of night draw in. Harry Lesli- will turn a ring to-day ia his stead of walking in a sack. MARRIED, FREER. (nth Mr. STEP s ISABEL FRE ES. of JOWIL: hing ANT. of Cum: [Cumberland papers please copy. | RUMBOLD—HARRINGTON, At the British L nin Berne, Switzerlaud. July Vth. by the THORAC ward Diile Secretary th r LINE BA rington. 4 federati RU MBOLD, ation, to Be es Le ARO! 3. and Ch and 24day vos ‘A nativ fity years 1 te attend inne besideu oa bs AMternuon, at sou-in-law ruvtown, t Mrs 1 Stake. ho 2 WHITE Mrs. MARY The th Angust Oth, after ANN WHITE. : will take we Fate W HOEEBALE BoN c. W. THORN, Wholesale Dealer and Jobber of STRAW AND MILLINERY GOODS, 487 STH STREET, near Pennsylvania avenue Washington, D.C. Positively no Goods sold at retail. my I7-eot moved PUGH STRBET west, (a has on hand a large assort TIN WARE. id. HOUSEFURNISHIN GOODS. towhich he invites the attention of Dur- chasers. Orders for ROOFING, SPOUTS, &c., solicited, side,) where he nt of STOVE: and promptly attended to. on lta A FLOUR, ac. MENT OF FLOUB COMPLETE— Assonrm of FAMILY, gr . fades of EXTRA, Ht fue Tee oun ngs wir as tha) oct oa Astortmen OVER Tilow RATES.3 All kinds of Mill Feed, Hay, Straw, &c. Ground Alum and ing salt eee fore, rate 1s by Indiana avenue and ist street, apa near Baltimore Depot. KIDAL AND FUNERAT, WREATIIS, BOU. QUETS, CROSSES, ANCHORS, AND: ‘ARS, preserved in natural form. N Ornamental Hair Work on glass All kinds of Hair Brading done by Mrs. y “38 Eighth street. Loess LOCKSIT : rT * LOCKS ti SORTMENT OF LOCKS AND BUILD- Eames ens: HARDWARE IN THE CITY. BUILDEBS’ DEPOT, 562 SEVENTH STREET Opposite Centre Market. y2-l H. W.HAMILTON & 00. > Seen Fepared for Dressing Salads GROSSE & BLACKWELL'S VINEGAR. REY FIGR the, Ancet ta the eee eee, TUS ‘aud with thin skins. tier LAYER RAISINS. very |: NECTARINES. N. W. BUROHELE, corner 14th and F streets, my 25 under EDbItt House. ~RMAT BARGAINS IN DRY GOODS . res tot Bridge street, Sees ae We are now selling Summer DEESS GOODS, em bracing a handsome assortment. at reduced pric Also, good Madder Calicoes at 1244; best. mike ‘and 18; 6,000 yards good yard wide. Bleached Mus. lin 124,15, 20 cents; Unbleached Muslin 10; yard wide lo., 1234.15 and 18 cents; 500 Palm Fans at3 nts. oy 2im* BENJAMIN MILLER. ING PLACE. SALAD DRESSING. ared by J. W. Huckins who as chefds enis- for 12 years at the Parker House, Bosto.:, gave {ttle reputation to that hotel for his soup ~_, SALLAD. DRESSING and other elegant und untritious preparations thich have received the highest. comm ndatious many ofthe most distinguished of the Medi- faculty throughout the country. ‘or sale Z.M. P. KING & SON, ner 163, abd Vermont avenna eden es Sd Wermons areny ‘D JEWELRY, WA’ A GoWRaE Tava on band ee tee ett Ee K fre, 9 cal Fe ek all of latest styles ef Jewelry, &c. ill well: Sees cites oes meus iis or amy other city. “An examination an com: Receted, at 398 Fouseylvcnls ston = ee B: 0. Hoop, CITY ITEMS. A Gewerat RemARK—Thé re-marking of goods at Henuing’s One Price Clothing Store, on the corner of Seventh strestand Maryland ayenue. Tux Retort Cocetacus.—“ You're a dull- Jooking set.” ax Sozodont said to the neglected teeth. “We chall ¢oon improve under your auspices,” as the neglected teeth said to Sozo- | eo ha et. JBWELRY —Jet Spangie Drops, Rubber Ba’. "tone, Jet ains, Jet Nevkices, Silver. plated Spoons and Forks, received this morn- ing at Prige’s One Dollar Jewelry Store, No. 438 Pennsylvaninave , nearss; street. ag ae ‘WRAPPING Parin For SALE —Apply atthe Star office. es WHITE WiTNESsEs —The mouth of a man who purifies his teeth with Sozodont te a wi!- hees box, and every time be opens it, two Tows of gleaming witnesses testify to its beautifying properties. vo — 9 A LarGe STocK of Linen and Dack Goods to be closed out at and below cost at the Great Central Clothing House, Smith's, 460 7h street, opposite Post Office. ig gee ts Fivz HUNDRED N&CKTIES at ten cents apiece. Suspenaers and Socks 25 per cent. be- low cost, at the great closing out sale at Smitn 460 7th street, opposite Post Office. Ty pee Coats, PaNTs, VreTs—biack, white and gray—25 per cent. below cost, at the Great Central Clothing House, 460 7h street, oppoeite TA Post Office. — Lavizs, save meney by purchasing Hoop- skirte, Corsets and Snoulder Braces, at Chas. Baum’s, 49 Louisiana ave., between 6th and ‘7th streets Goode warranted to fit or no sale. Corset Steels 5 cents a pair i: —e—__. GREAT ANNUAL SALE of Gents’ Furnishing Gooda at the Great Central Clothing House, 460 7th street, opposite Post Office. 79 eng Corrs, Bunions, Bap Nalzs, vascular ex- crescences, warts. moles, etc. removed with. out pain, by the aid of local analgesia, at Dr. rooms, No. 424 Pennsylvania avenue, between 44; and 6th streets. In minor satgteal operations this method is highly recommended by the eminent surgeons and physieisas of this country and Europe, it being pertectly tree from harm, effecting only the part to be oper- | Sted upon. Office hours from sa. m. tos p. | m., And 6 to& p.m. Nocharge for consultation. — Down WITH HiGH PRicks !—Patronize only those who sell cheap! Buy your Gent's Fure nishing Goods at Franc’s, 494 7:h street, be- tween Dand E, three doors above Odd 'Fel- lowe’ Hall. Gray's Collars, 18c. box; Gold- smith, Byron and Garotte, 18c. box; Imitation | I.imen Goldsmith, Byron and Garotte, isc. | box. And all other goods cheap in Propor- tion. : 2 & & GREAT ANNEAL Saiz or CLOTHING, Ai greatly reduced prices, at the Great Central Clothing House. SxITH’s, 460 7th street, opposite Post Office eo ge QUICK SALES AND SMALL PROFITS.—Good White Shirts, $1 26a51.50; A. No. 1 Fine White s2 3; Good Gauze Undershirts, Fine Gauze Undershirts, St: Fine Lisle Thread Undershirts, Good Cotton Halt Hose, 10, #5, 20, and 25 cents per pair, Best | isn Half Hose, 50 cents per palr, At} ranc’s Gent's between I) and E, three doors above Odd Fe! jows’ Hall. i 719 -—— « —_ | CoLtans, ten vents a package, Collars, cen cents @ box, At the Great Central Clothing House of Smith's, 460 7th st., opposite Post Oifice. 7:19 -——_ PENNTeE can be had in any quantities at the Siar office counter. RC "ED. cived a large lot of fine RYE WHIS- i the best West Vir, if following reduced prices, € $5 per gallon i will find a greatd. T will also offer a GID 1, superior to auy Gin sold at this house for less than $4.50 the ides a large lot of Imported SHE R- urope, and in bond at Philedelphi ear ‘3 per gallon wholesale. 21y Importer, 2 -tail and . GAUTIER, 52 Penn’a avenue, PIANO! i Rosewood Aolian PIANO,made by Gilbert; $175 One Rosewood PIANO, made by Meye "0. One almost new Boardman & Gray, with 5 $250. For sale upon easy terms. tet Steluway € Son's aud North Amer- ms ef W.G. METZEROTT Steinway 's Pianos, and Ma- t Organs. my 9 y EVANS ED ORME MNTMENT. any Case of Piles or a nutnber of years been best remedy for gc reparation resarded as the ver LER & EVANS Carroll ( in Washing Proprietors. W Feld by all ew ent the same t i eased FF OF Bl of wind on the 24 inst. owner can have hy proving ch 8. ONE T ALN Ist., between Q 30 2aw3w* propany and pay Tstan! ington. D.C. TICE. THAT SUB trom the Orphans’ Court o District of C ey may other- w be excluded fi tof th Given under my hand this 18th JOHN. FRIZ Law3w? Administrator THE SUPREME COURT OF THE|DIS OF COLUMBIA. the cth day of July. 1857. J.B. Adg: Plaintif, ‘M3 Equity. Carroll ¢t al., Def'ts. De er nouion af the Painai by J.B. Adams. his ordered that the defendant, Emma od by ney, it ‘Traynor, cause her appearance to be ente in, on or before the at rule day occurriig forty days after this day; otherwise the cause wi be proceeded with, as in case of default, Jourt. order of th ey Test: A true copy: jy9-lawew qt BALE OF On the popular one price, plan. gtving every patron a handsome and retiable watch for the low price of Ten Dollars! without regard to value, aud not to be paid for unless perfectly satisfactory. R. J. MEIGS, Clerk. WATCHES 800 Solid Gold Hunting Watche: 250 to S750 50 Magic Cased Gold Watel 200 to ~ 500 60 Ladies’ Watches, Enameled Ito 300 1, Gold Hunting Chron’r Watches, 1,000 Gold Hunting Enctish Lever: 3,00 Gold Hunting Duplex Watch 8,000 Gold Hunting Amer’n Wate! 250 to 200 to 180 to 10 to S.to) Silver Hunting Lever to 00 Silver Hunting Dup 5.00 Gold Ladies’ Watch BO to 10.00 Gold Hunting Lepines... Bo to 10.00) Miscellaneous Silver Watch 50 to 2.00 Hunting Bilver Watches. : 2 to. 3.00) Assorted Watches, all Kinds... Ito 75 : it Every patron obtains a Watch by this arrancs, went, goating ut g10, while it may be worth $730 No partiality shown. We wish to immediately dispose of the above magnificent stock. Certificates naming articles, Are placed in sealed envelopes. Holders are cu: titled to the articles named on their certificat Bpon payment of Ten Dollars, whether it b: Watethworth, $7f0. or one worth lows. The return of any of our certificates entities. you to the article named thereon, upon payment, irrespective of its Worth, and a3 ho article valued loss thau, Glu te hamed on any certificate, it will at once be seen that this is no lottery, but a straight-forward Jegit- imate transaction, which may ticipated in even by the most fastidious. A single certificate will be sent by mail, post-paid, upen receipt of 25 cents, five for $1, eleven fo: 2, thirty-three and elegant premium or $5, sixty-s! dd more Valuaile rewium fer @ily one huud ayment this isa rant oppostcnlty yen : Pisvaly condyoted besinces, duly suthorines heats Government, and open to the most careful scrutiny, ‘an Furnishing Store, 4 7th st. | a distilleries, | transier getown custom-house; Ou cacks of Caiiz SHERRY und 9 casks of Cette French, SHERRY. Cette Sherry. such as | traments has jast been re. | “| to —_ Afiairs im Georgetown. UNDER TRE BeD—A Burglar Caught —Last Diehl, about .o'elpeks, De. John Sotheron, who keeps a drag stove op the corner of Brides snd Potomac streets, found & strange man Under his ded. in his sleeping apartment, &s be Was about to retire. Heimmediately weatont, shutting the door after him, to look fora po- iceman, but seeing none, old a colored maa whom be met that there was a man ander Ris bed, whereupsn be volunteered to go ths sti- Mon-honse for a pcliceman,:but before he got there met officer Harney, who went with him | tothe store of Mr Sothoron, where he found the maAn as before stated. The ofticer got him. out trom under the bed and into the street with much diffienlty, as he pretended to be beastly Ytunk and perfectly helpless. The man, however, watched his chance, and as they neared the coroer of High street ack the officer 3 powerfal blow over the ey*, and quick as thought broke loose from bim, andr: rapidly down Tigh street, where were th police officers that he could not pass, so he dodged in beside a bank near Mr. Esse: house. Private watchman Kitchen being near, went In after bim, sod seeing some dark ob- ject crouched down beside the wall, touched it with hie stick, when the man immediately jumped up and struck him over the eye, kmecking down Mr. Kitchen, after get: ‘ing up, balloved to the potice, +Here he is, he knocked me down.” [But in the meantime the fugitive bad again started down the stre pursued by Mr, Lawrie and Mr. Hess, who soon caught him in the rear of Mr. Sboemaker's warehouse. Mr. Hess fired at him three times, but withoct effect. He was taken to the sta- tion-house, where it was ascertained that he wre the notorious thief and burglar, James Duncan, who escaped from the workhouse the otber day by jumping from tne window. Band- cuffed. He was brought before Justice Buckey this morning, who committed bim to jtil for court. upon the ebarge of entering the house with felonious inteat. Duncan had not the trons upon him when arretted, but others were ced upon him, and Oftiger Volkman took him to jail. Heisa young man of abont25 years of age, and does not seem capable of committing such crimes as those he is charged with. His portrait has for some time adorned the rogue’s gallery at police headquarters. SAxz oF Rea Estate. —Mr. Thos. Dowling: auctioneer, sold at public sate ou Monday evening part of lot 113, fronting 30 feet on we eastside of High street, and ruvning back the Fame width. 1:1) feet deep, improved by a two- story brick dwelling: also, part of lot 5i, front- ing 45 feet on the nor‘h side of Beall sireet and yunning back about 100 feet, to J. B. Vand werken, at $1.620. Mr. Dowling also offered for sale part of lot 90, fronting 65 feet on Sacond street, and 60 feet on Lingan street. improved by a two-story store and dwelling house; but $1,500 only being bid, the property was with- drawn. Rescugp.—A man named Milborn was walk- ing along the wharves at abort half-past eleven o'clock last night, quite intoxicated, and accidentally stepped into the river. and would have drowned but for the assistance of Mr. J. W. Kitchen and officers Hess and Har- per, who got I'm out. DeaTH OF ANOTHER OLD CITIZEN.—Another oid aud respectable citizen of Georgstown, Mr. James Fullalove, has deparied ihis lite He was $0 years of age, and was a uative of Linconshire, England, but has resided for tue past fifty years in Georgetowa, esteemed by all who knew him. He leave: 'a large eircie ofrelaives sud friends to moura bis loss. His funeral will take place to-morrow alier- Noon at 5 o'clock, arom the residesce of M John M. Stake, bis son-misw. No. i Bridge stre Mrnonanrs bushels ot wh SCHANGE.—Offerings: 5,321 and 600 bushels of corn t, at $240: 700 and 420 SuipMENTs oF Coar.— From Kay's Docks | to-day 1.520 tons: from toe Consolidated Co. {0 toms. amd from the Cumberland 5 tons. THE CANAL,—The work upon dam No. 1is about complete, and there will mow be ao more trouble attending low water. The canal will | ke full this evening or in the morning. Twen- | ty-seven boats have come in since oar last r>- port, bringing coal consigned to the diff-ren companies, while thirty-two boats have goue | out. TeaysreR or Prorenry—Captaia James Goddard has prrchased the lo! oa the coraer | of Bridge and Washington streeis, tor 54,000. The same property sold for $1,575 @ tew years | ago. POLICE MATTERS.—Seven arrests were mada | by the police yesterday—tnree for suspicion of | larceny, three for sleeping in the streets, amd | one of a'man under a strange bed. No fines were imposed. THE PortT.—Tho steamer James S Green, Pratt master, from New York. has arrived GEORGETOWN ADVER’MTS. BY THOMAS DOWLING, Anct.; VALU ARLE] orgetown, Bele 102 West stree s dition to Georgetown, fronting sbont $1 fe inches on West street, between Congresa and Washington streets, and running bi to a 12-foot : roveients consist of a well ory Brick House, containing nius rooins and cella aghout the house. ‘Terms in’ six Hy . nthe property. ups at the cost of the purchaser. THOMAS DOWLI Auction ¥ 4 Jeflerson st., Georgetown, D. C., i arded by the Metr Sand is now b te establishtuent of Ty. ng wud Sevuring of all done in the best Der, nly’ thankful for past favors, the subsrriber solicits the continvied custom of the coummunity. Goods received and returned by express with the emptness and despatch. ce address, Lock Box No. §0. eeeneyaca ees parley. when fe 15-3, 1 would take this occasion to return many than! y old friends and patrons for thair liberatit stand shall endeavor by politeness to c and strict attention to business to meri re of their future patronage. By largely increased fucihities for ebtatoing supplies, and ad Iwring strictly cag m, T shall bs en- abled to offer atmnch better assorted stack at lower, desire to peristatteution of the ri aiiex and pablic novelties of the age. THE PREBLE PATENT BOOT FOR LADIES. For beauty. comfort ama style it cannot be sur- eencral to ouw of the greatest passed. Call and at them before purchasing any others. Csllearly. Ttis proper for me to say. you ¢ ly open fading « god assortment of other leading and staple styles of Ladi nite’ Saud SHOES. 1 Lidren’s WATS and CAPS in creat variety, with BASE BALL SHOES of all sizes. Don't torget the place Ht. C. WINDSOR, Dealer i CREAMS, W ROMAN PUNCHES, FROZEN CUSTARD, &¢ of ali the most Delicate Flavors, sé WHOLESALE AND RETAIL, We have the pleasure of announcing to our na- merons friends and the public in geurral that wa ted with our well knowu establishment ‘wavenue, between 9h and 10th ste. re of ICE CREAMS, WATER IC! ROMAN PUNCH, FROZEN CUSTARD, &c. of all the most delicate flavors, at WHOLESALE AND RETAIL . Ve have made, our selection of the most ehotce reams from Orange county, New York, Pennsyl- a. Delaware and Maryland Dairies.” We will gnaranice the public that we will use the VERY PEST MATERIAL facturing the above-mentioned articles, und with our vast machiney and facilities. and the competence of Foreman. whi has teen em- ployed in Philndetphia at the business in the moat i houses for the last twenty-seven years, dent that we cau offer to the public an Lcannot be surpassed in this country. a single trial, which will convince the in mi article w Allwe ectfully solicit the patronage of Festivals, Pic-Nics, Excursions, ivered to all parts of the city free of charge. HARVEY & 0o., 29 Penosylvania aveane. jew FYOUSEREEPERS, ATTENTION! ‘Now is the time to pnt in FIRE-PLACE STOVES, Pile your carpets are up. and in’ parchas- ing them be enre to ask for BIbY's IMPROVED “GEM, Or, his IMPROVED “ DIAMOND. Fire-place Gas-Burners, manufectured at No. 39 Light stresr. Baltimore. and sol by the principal Ftov ors in Washington, Georgetown, snd Alexamiria. They are the most Beautitat, Eco- taprical end Durat le Stoye ow iu use. Dent for ito. jor BIBB'S PATENT “GEM” ox “DIAMOND,” iw 4 OM@PATHIC Di: W ASHINGTON none iSPEN) 314 Gatrest, between 12th and 18th streets. ‘Ths Institution having met with great success, we wil! widen its seope as fer as le. From the Ist of Juue next it will be opened to pas tients thice inated jot ones OAeT sateesd tte OUTDOOR PATIENTS who Teed our assistance, N.B.—The Liat riabs Ez. Hes Wariiule Bhar C,W.-Bonncmamaidin eae, Dre ’ DISPENSARY HOURS... |... rie ga C. 8. VERDI, M. Tryus! Adérer’ WRGHT BROS. & vO je3-Im, 61 Broadway, New York. fam AED HOUSE H° Mformerty known NBYLVANIA AVENUE, Gorner Rimi atrect, Washington, D. ©. ‘Thiehouse has been thoroughly renoy; is now open for the reception Gaetan hoot joard per month, Ree cane ‘Transient Board my 23-1m*