Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. SurrattHarris, T. M. (Thomas Mealey)
History
Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. Surratt
Harris, T. M. (Thomas Mealey)
Lincoln, Abraham, 1809-1865 -- Assassination; Surratt, John H. (John Harrison), 1844-1916
Here Mr. Merrick attempts to set aside all of the testimony that had
been offered by the government proving the guilt of the prisoner, by
denouncing it as corrupt throughout, and unworthy of the slightest
consideration. This would certainly be as easy a method as it would
be novel to throw out testimony _en masse_ upon the mere _ipse dixit_
of counsel, and in consequence of the legal standing and weight of
character claimed by them with such manifest self complacency, but when
we consider the fact that upon a candid and careful scrutiny of all the
testimony in the case, it could be set aside in no other way, we could
not perhaps reasonably expect them to refrain from trying to get the
benefit of all the method that was left them.
The most important witnesses introduced by the government and those
who most unequivocally proved the existence of a conspiracy and the
connection of the prisoner with it, as also his participancy in its
accomplishment, and also the fact that his mother belonged to it and
performed a part in preparing for its accomplishment, had stood every
test that ingenuity could devise to discredit their testimony. Some
of them had been kept on the stand under cross examination for nearly
two days, and could not be made to discredit their own testimony,
either by contradictions or mode of answering. Neither had they been
discredited by proving that they were utterly devoid of character for
truth and veracity, and not to be believed on oath. The attempts at
their contradiction by the conflicting testimony of other witnessess
had all proven miserable failures, and so the counsel for the defense
attempted to have their client declared innocent by scouting all of
the evidence in the case and offering their own convictions of his
entire innocence, and referring the jury to their weight of character
and legal standing to enforce their opinions on the jury as grounds
for a favorable verdict for their client. Never did able lawyers deal
more unfairly with witnesses nor with evidence, nor more wantonly set
at naught the established rules of evidence, not only in the respects
referred to, but also in the efforts that they made to introduce
testimony which they must have known to be inadmissible under the
rules of evidence, as already shown in the number of exceptions which
they not only took to the rulings of the court, but kept count of
and paraded before the jury. Their animus toward the government was
also shown in this matter of testimony, as also in other ways to
be hereafter noticed. They charged the government with presenting
testimony on this trial that it knew to be false, and withholding
testimony from the military commission that would have proven the
innocence of Mrs. Surratt. To sustain the first charge, they asserted
in regard to the handkerchief found by Blinn at the Burlington depot,
that it had been dropped by a government detective, and not lost by
Surratt. Blinn, however, was positive in his testimony that he found
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