The Judge-Advocate's reply to the first question was, in substance, that all the accused were charged with conspiring to assassinate the President and the other members of the Government named, and further, with having executed that conspiracy so far as the assassination of the President and the assault on the Secretary of State were concerned, and "to have attempted its execution so far as concerns the lying in wait and other matters." Assistant Judge-Advocate Bingham added: "The act of any one of the parties to a conspiracy in its execution is the act of every party to that conspiracy; and therefore the charge and specification that the President was murdered in pursuance of it by the hand of Booth, is a direct and unequivocal charge that he was murdered by every one of the parties to this conspiracy, naming the defendants by name. "Mr. Ewing.--I understand * * * but I renew my inquiry, whether these persons are charged with the crime of conspiracy alone, and that these acts of murdering, assaulting, and lying in wait, were merely acts done in execution of that conspiracy. "Mr. Bingham (interrupting).--And not crimes? "Mr. Ewing.--Or whether they are charged with four distinct crimes in this one charge? "Mr. Bingham.--'Where parties are indicted for a conspiracy, and the execution thereof, it is but one crime at the common law. And that as many * * * overt acts in the execution of the conspiracy as they are guilty of, may be laid in the same count.' "Mr. Ewing.--It is then, I understand, one crime with which they are charged. "Mr. Bingham.--One crime all round, with various parts performed. "Mr. Ewing.--The crime of conspiracy. "Mr. Bingham.--It is the crime of murder as well. It is not simply conspiring but executing the conspiracy treasonably and in aid of the Rebellion. "Mr. Ewing.--I should like an answer to my question, if it is to be given: How many crimes are my clients charged with and being tried for? I cannot tell. "Mr. Bingham.--We have told you, it is all one transaction." General Ewing, not being able to get an answer intelligible to himself to the first question, then respectfully asked an answer to the second: By what code or statute the crime was defined and the punishment provided? "The Judge-Advocate.--I think the common law of war will reach that case. This is a crime which has been committed in the midst of a great civil war, in the capital of the country, in the camp of the Commander-in-Chief of our armies, and if the common law of war cannot be enforced against criminals of that character, then I think such a code is in vain in the world. "Mr. Ewing.--Do you base it, then, only on the law of nations? "The Judge-Advocate.--The common law of war. "Mr. Ewing.--Is that all the answer to the question?