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
In his opening for the defense, Mr. Joseph H. Bradley, Jr., said: "We
have at last arrived at that stage of this case when an opportunity is
afforded the prisoner for saying something by way of defense, not only
of his own character, his own reputation, his life and his honor, but
also as it shall rise incidentally in this discussion of this evidence
before you, something in the way of vindicating the pure fame of his
departed mother." Again. "As to Mrs. Surratt we hope to satisfy you
that a grave error has been made in her case." Again Mr. Merrick, in
his argument on the motion to strike out certain testimony, said: "The
counsel had said, if it was anything favorable, the defense would
insist on it; if anything unfavorable, they would not desire it. All he
had to say in reply was, that he would insist on the free confession of
all who had testified in the case, if he could get it. He would like to
have had the privilege of putting in whatever this poor boy's butchered
mother said, but had not. When he offered what she said, counsel on the
other side said, 'No, you cannot prove that. We can prove what she said
that will benefit the state, but you shall not throw the mantle of a
mother's declarations over the child standing in the prisoner's dock.'
Had we been allowed, we would have proved her declarations--proved them
when tottering from the dungeon to the scaffold, with the world behind
her, and nothing in the front but that God before whom she was shortly
to appear, and before whom she solemnly asseverated that she was
innocent of the crime for which she was being killed."
To all these charges and assumptions the District Attorney, in his
argument upon the evidence, replied as follows: "Well, I do most kindly
but most respectfully and emphatically repudiate the unjust imputation
that Mary E. Surratt has been murdered, as was alleged by one of the
counsel, and butchered as alleged by another. Where is the evidence to
justify it? If they have a right to make this accusation, have we not
a right to reply to it? For what purpose was it introduced before this
jury? Is it to appeal to your prejudices? I make no such accusation
against the gentlemen; they charge it home upon us when they say a
murdered and a butchered woman. I deny it, and I undertake to prove to
the contrary."
Mr. Bradley, interrupting, said "he supposed this threw the whole
subject open for discussion." The District Attorney rejoined: "It
had been introduced by the learned gentlemen on the other side." Mr.
Bradley replied "that he was not aware what evidence there was on which
this question could be discussed. But if it was understood that the
whole subject was open, and that the counsel for the prisoner could not
be interrupted in their discussion of it, he was satisfied."
_The District Attorney._ "Then why make allusion to it in the first
instance? Who cast the first stone in the presence of this jury?
Public-domain text, read in full here on John Shaqi.
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