CHAP XXI.
ARGUMENT OF THE JUDGE ADVOCATE IN THE CONSPIRACY CASES—CONVICTION OF THE PRISONERS.
The evidence in the case before the military commission at Cincinnati, having closed, the counsel who represented the prisoners made their addresses—they cannot be called arguments—and the court adjourned to Tuesday, April 18. As lawyers who have no valid defence, observe it as a policy to attack the Government witnesses with great fury, so Messrs. Hervey and Wilson, true to the ethics of their profession, made a grand assault upon the principal witnesses. Counsellor Hervey, in his harangue, used the following language, which illustrates the line of "argument" for defence:
"Some two hundred years ago," said the learned counsel, "there was a man in England who swore away the lives of his fellow citizens by wholesale. His name was Dr. Titus Oates—the man who got up what was called the Popish plot, and by perjury and villainy, consigned many an innocent head to the scaffold. He was assisted by a man who has, as no other judge has, disgraced the ermine—Jeffries, who drank himself to death in the tower, when his co-worker in iniquities and evil deeds with dreadful and condign punishment followed him. The effort of nature to produce so great a monster was so terrible that it required a resting spell of two hundred years before she could produce another such monster in the shape of Dr. I. Winslow Ayer."
We forgive him, for he was obliged to seem to do or say something to earn his "fee." There being no arguments for defence, but only such pathetic appeals as only a lawyer, without the least hope, would make, feeling that his clients would expect something, we need not take our space to report their remarks.
On Tuesday April 18, Judge Advocate Burnet made his closing argument for the Government. It was truly a master-piece, complete in every part. It was such an effort as might have been expected, of one who has, during this long tedious trial, shown himself a gentleman, a profound counsellor, a true patriot and an advocate of justice, whose only aim has been to elicit truth, and be the better enabled to serve the true interests of the country. We would gladly present every argument and address he has made, during the trial, but space will not admit, and we therefore invite careful attention to the following sketch of his address:
The Judge Advocate, in referring to the accused, said:
There are two sides to this case; two sides for the manifestation of sympathy. While here is an old, white-haired man before you, whose every thing is at stake; while here is a father, a generous, open-hearted, and impulsive man, whose all is at stake; and here is a soldier, who has fought in every clime, and who has taken up his sword to destroy life in every cause, whose everything is also at stake, yet there is, on the other side, your Government at stake. If these men be guilty, justice to the nation demands of you this day that you should convict them, and you must not waver. In the consideration of this case, you must bring to your aid a power, that may be a little more than is ordinarily given to human nature. You must, for the time, sink all hatred, malice, even human sympathy; and rise, God-like, to determine the truth and adjust the punishment.