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
The practical legal bearing of this question on the trial was as
to whether the prisoner, being proven to have been a member of the
conspiracy which resulted in the death of President Lincoln by the
hands of a fellow-conspirator, should be held as a principal in the
crime, or only an accessory before the fact. In other words whether
the court and jury could take cognizance of the official position of
Abraham Lincoln without its being alleged in the indictment. If he
could be regarded as a principal and not as an accessory he could be
held equally guilty with Booth although he might not have been present
and assisting in the assassination.
Practically, however, this was not a matter of any consequence in
this trial, because it was proven beyond a doubt that the prisoner
was actually present, acting a conspicuous part in the execution of
the plot. It was also proven by the testimony of one witness whose
testimony was in no way impeached that it was he, and not Spangler,
who prepared and fitted the bar to the door to prevent Booth being
followed into the box at the theatre. The summing up of the evidence by
Judge Pierrepont in his concluding speech is one of the most admirable
and masterly efforts that can be anywhere found. In the first place
it is a model of judicial fairness and honesty. To him the prisoner
was evidently a pure abstraction toward whom he had no feelings. His
only effort was to weigh impartially the evidence in the case, and to
give to it a fair and common sense interpretation. He brushed away all
side issues and every effort of the prisoner's counsel to bring the
trial under the influence of political and of religious prejudices,
and held them strictly to the question of the guilt or innocence of
the prisoner, as shown by the evidence. Again it was a model effort in
its logical ability in bringing the evidence before the jury. He had
so completely analyzed the testimony that he was able to present it in
its logical connection as to time, purpose, and circumstances; tracing
the plot through the evidence before him, from its incipiency to its
completion, step by step, showing the bearing and relation that one
thing sustained to another in a most conclusive and unanswerable way.
Public-domain text, read in full here on John Shaqi.
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