WOtfMtitBMilwm Pultluhrra

; ;



E. E.





diction of the


Orders convening

the Commission

prisoners in Southern prisons


Attempted burning of

Bales for its guidance

Pleas of the accused to the Juris-

Commission, and for Severance of Trial Testimony in full concerning the Assassination, and attending circumstances Flight, pursuit and capture of John Wilkes Booth Attempted Assassination of Hon. W. H. Seward, Secretary of State. Oflicial Documents and Testimony relating to the following plots The Abduction of the Pi'csident and Cabinet, and carrying them to KichmoLnd The Assassination of the President and Cabinet The Murder of President Lincoln by pres; ; : ; ;

The introduction of pestilence into Northern cities by clothing infected with Yellow Fever and Small Pox Starvation and murder of Union
ents of infected clothing;

Poisoning the water of the Croton Beservoir, New Tork Raid on St. Albans Contemplated raids on Buffalo, Ogdensburg, Burning of Steamboats on Western rivers. Governetc. ment Warehouses, Hospitals, etc. Complicity of Jefferson Davis, Judah P. Benjamin, Jacob Thompson, George Jacob N. Sanders, Beverley Tucker, C. C. Clay, etc. Thompson's banking account in Canada The mining of preparations to blow it up The "disLibby Prison, and organization of the North" by a system of terrorism Arguments of Counsel for the and infernal plots Accused; Beply of Hon. J. A. Bingham, Special Judge Advocate Findings and Sentences of the Accused, etc.

New Tork and

other Northern cities












West Fourth Street,



York, 60 Walker Street.





Military Commission, Penitkntiaey, Washington, D, C,
Tuesday, June 20, 1865.



Joseph Holt, Judge Advocate General




the present public desire, and for future use and reference,
that an authentic record of the
trial of


the assassins of the ^e President, as developed in the proceedings before the Military Commission, should 3 published: such record to include the testimony, documents introduced in evidence,
.ertainly desirable

law raised during the trial, the addresses of the counsel for the Judge Advocate, and the findings and sentences. Messrs. Moore, Wilstach & Baldwin, publishers, of Cincinnati and New York, are rilling to publish the proceedings in respectable book shape, and I will arrange and ompile, on receiving your approval. I respectfully refer to the printed work, "The Indianapolis Treason Trials," as an adication that my part of the work will be performed with faithfulness and care.
iscussion of points of

ccused, the reply of the Special



your obedient servant,



Indorsed and approved by DAVID HUNTER, Maj. Gen. U. S. Vols. AUGUST V. KAUTZ, Brev. Maj. Gen. U.

S. Vols.

LEWIS WALLACE, Maj. Gen. U. S. Vols. KOBEET S. FOSTER, Brev. Maj. Gen. U. S.


ALBIOK T. M. HARRIS, Brig. Gen. U. S. Vols. JAMES A. EKIN, Brev. Brig. Gen. U. S. Vols. 0. H. TOMKINS, Brev. Col. U. S. Army. CLENDENIN, Lieut. Col. 8th Ills. Car. DAVID E. JOHN A. BINGHAM, Special Judge Advocate. H. L. BURNETT, Brev. Col. and Special Judge Advocate.
Brig. Gen. U. S. Vols.


Bureau of Military

Justice, June 30, 1865.

referred to in the be made without cost to the Government, and that it be prepared and issued under the superintendence of Col. Burnett, who will be responsible to this Bureau for its strict accuracy.


authority of the Secretary of "War, the publication of the


foregoing letter, will be permitted, on the condition that



Judge Advocate General.

Judge Advocate's Office, Department of the Ohio.
Cincinnati, October


In obedience to the directions of the Secretary of War, through the Judge Advocate
General, I have superintended the compilation and publication, in book form, of the

record of the
late President,


of the conspirators at Washington, for the assassination of the


State, Mr. Seward, other
certify to its faithfulness

and the attempted assassination of the Secretary of members of the Cabinet, and Lieut. Gen. Grant, and hereby H. L. BUENETT, and accuracy.
Dist. of Ohio,

Judge Advocate

and Special Judge Advocate of

the Commission.

trial of the assassins of President Lincoln is has been arranged in narrative form, to avoid unnecessary repetitions, and to present the facts testified to by each witness in a concise and consecutive form. The phraseology is that of the witness; the only license taken


entire testimony

adduced at the

contained in the following pages.

with the testimony has been


arrangement in

historical sequence,

both as to generals



Whenever the meaning of a witness was doubtful, or an evasive answer was given, or whenever the language of the witness admitted of a double interpretation, or of no interpretation at all, the questions of counsel, and the answers of the witness, have B. P. been retained.

We»tmorcl»nd C. H.


Executive ORBEn
Special Order No. First Session Second Session

Third Session Fourth Session

Ordering a Slilitary Commission Convf-ning Commission to meet on the Sth of May Accused without counsel Special Order No. 2Ifi; Charge and Specification; pleadings of the accused; rules of proceeding Counsel introduced Pleas to Jurisdiction; Pleas for Severance


Acquainted with Thompson, Sanders, Clay, Cleary, Tucker, Holconibe, etc., in Canada; their complicity with the rebel chiefs in the assassination firing of New York raids on St. Albans, Rochester, Buffalo, Ogdensburg, etc Letter from C. C. Clay to J. P. Benjamin, at Kichmond Time required to reach Washington from Montreal Identified the handwriting of Clement C. Clav Intimate with the rebel agents in Canada; Booth and Surratt in Canada; Surratt just from Richmond; participa;


Recalled Recalled

William H. Rohbeb Sanfobd Conovee



Nathak Ausee
James B. Meeeitt

tion in the assassination plot rebel commis.sions for raiders; descent on Chicago; release of rebel prisoners Introduction of pestilence into the States by infected clothing; poisoning of the Croton reservoir, New York; assassination approved at Richmond Testimony in the St. Albans case; seized in Canada and made to disavow his testimony before the Commission Accompanied Conover to Montreal; corroborated his state;


Intimate with rebels in Canada; assassination and other plots discussed and approved; approval of rebel chiefs in


In Montreal after the assassination; rebels burning their

George B. Hutchinson Lieutenant-Geneeal U.


Samuel P. Jones Henby Von Steinackeb

HosEA B. Carter John Deveny

In Montreal with Dr. Merritt; corroborated his statement... Jacob Thompson in the rebel military service; extent of the Military Department of Washington; civil courts open Assassination discussed by rebel soldiers and citizens Met Booth in Virginia after the battle of Gettysburg assassination discussed at a meeting of rebel officers Saw Booth with the rebel clique in Canada Saw Booth in Montreal with Sanders; also in Washington on

William E. Wheeler

Henry Finegas

Mary Hudspeth
T. T.

Hon. Chables A. Dana



the 14th of April, and at the theater in Montreal, in conversation with Sanders Sanders speaking of Booth as " bossing the job" Letters of conspirators found by her in New York Letters signed " Charles Selby " and "Leenea" Identified the above letters as received from GgBBtal Dix liCtter from General Dix accompanying the Rlters Date of General Butler leaving New York, November 14th....

Saw Booth

Lieutenant William H. Teeby William Eaton Colonel Joseph H. Taylor
C. a.




T. T.

Secret cipher found among J. W. Booth's effects Found secret cipher in Booth's trunk at National Hotel Received the same from Lieu teneut W. H. Terry Found secret cipher-key in Benjamin's office at Richmond.!.. Secret cipher dispatches from rebels in Canada to Richmond.

Chables Duell James Febguson Charles Dawson EoBEBT PUBDY

ASSASSINATION CIPHER LETTER. Letter signed "Number Five;"
Identified the letter found at

assassination plot


N. C

Letter signed "Lon," addressed to "Friend Wilkes" Testified to facts referred to in the "Lon " letter.

Sauuxl Knafp Chester
Joseph H. Simonds
Booth's confessions to Chester; plot to capture abandoned...


but no profits from,



RoBKST Arson Cahfbeli.
Thompson's Vccount with the Ontario Bank, Montreal;
Booth's account



Dates of Booth's arrival and departure at National Hotel....

Lewis F. Bates CouETNEY James E. Russell..
J. C.

Receipt of telegram by Davis announcing the assassination. Identified the telegram received by Davis at Bates's House.... Testified to character of Lewis F.Bates


Jnno June Jane Jonc
9. 9. 9. 9.


WiLtiAM L. Crank Daniel H. Witcox

Teotifled to character of


Lewin F. Bates


47 47


T. T.



F. Bates brought to

Washington by order of Sec'y of

47 47


\y. II.


May 18. May IH. May 18. May 2U.

John Potts
JoHiiUA T.

Letter from V>'. S. Oldham to Jeff. Davis; proposition for general de«truction of public and private United States property; indorsed by Davin Identified handwriting of Jefferson Davis

General Alexander



As As

to Professor McCuUough, referred to in the to W. S. Oldham, writer of the above letter



Edward Frazier
Jurning Burning of U.


S_. S. transports, bridges, etc., and payment for _ the same, by J. V. Benjamin, in Confederate gold



Gener.vl T. D. Townsend.


CITY POINT EXPLOSION. Paper signed "John Maxwell,"
torpedo explosion.

detailing particnlars of


John Cantlin





D. Graves

W. Gayle wants one million dollars for assassination purpuses identified the handwriting of G. W. Gayle
Proposal "to rid the country of some of her deadliest cneinies;" referred, by direction of the "President," to the Secretary of War; from the archives of the rebel War Department surn-ndered by General Joseph E. Johnston

May 22. May 22. May 22. May

Coi.onkl R. B.


BIajok T. T. Eckekt.,

Frederick U.

Lewis W. Chamberlayne


to 'lajor-CJeneral Schofield Identified the handwriting of B. W. Harrison, Private Secretary to Davis, and J. A. Campbell, rebel Assistant Secre4

May 27.

George F. Edmitnds Henry G. Edson

Confederate commissions granted to raiders

Threatened raids from Canada on Buffalo, Detroit, York, etc


May 29.
Colonel Martin Bubke
Confession of Robert C.


May 29. May 29.

Godfrey Joseph Hyams




Employed bv Dr. Blackburn; details of operations Received and sold five trunks of infected clothing
tiL'ton ngton

in \\ ash-

A. Brenner

Clerk to Wall



forwarded statement of account

May May May May May May
25. 25. 25. 25. 2«.

Salome Marsh Frederk'k Memmekt
Benja-MIN Sweeker

William Ball Charles Sweenay .Iambs Youso
J. L.

At At At At At At

Libby Prison
Liliby I'rison Belle Island



Andersonville Libby, Belle Island, and Andersonville.... Andersonville, Charleston, and Florence. Andersonville

May 22. May 2.5. May 25.
June June Jane

Lieutenant Reuben Bartley

W. Ross

John Latouche
DANisl^i. Eastwood George Wilkes

Torpedo buried under the center of the prison Placed there by order of the rebel Secretary of War Miijor Turner to fire it if U. S. troops came to Richmond



D. Russel

S25,()O0 from Jacob Thompson's rebel funds Identified the indorsement of Bi'iyamin A\ ood, of New York. Identified the handwriting of Benjamin Wood

Draft for

May 30.
Edward Johnson
Oscar Heinrichb

May 30. May 30.

Discission on the admission of the testimony of Johnson; impeaching the testimony of 11. Von Steinacker Impeaching the testimony of U. Von Steinacker









rejecting cipher

FIVE." letter " Number Five"

May 13. May 16. May 26. May 26. May 15. May 22. May 15. May 15. May 15. May 15. May 15. May 16. May 22. May Hi. May 16. May 22. May 15. Hay 19.
Rohert R. Jones William A. Browni.vo CiiAKLES Dawson Thomas L. Gardiner
BiiooK Stadi.er
Clerk at the Kirkwood House; Booth's card left Identified the card left by J. \Vilkes Booth Identified the handwriting of Booth Sale of one-eyed horse to Booth Of Howard's stable; kept Surratt s horses Kept stable; one-eyed horse sold to Arnold... Kept stable; hired hor.se to Booth on the Uth. ........... Kt'pt ri'stiiurant; Booth and llcrold there on the Uth In front of tluater on night of the 14th... Door-keeper at I'ord's on night of the 14th An»istant pror«'rty man at theater on night of the Uth. Held Bootli's horsu in the alley on night of Uth Booth stable in rear ol theater...,. Lived in r'^ar of thi'utcr; saw Booth and Spangler on 14tn.
; rt

William E. Cleaver James W. Pumphrev I'etkr Taltavui t<EROhLANT Dye John E. Buckingham
John v. Sleichmann. .!!!!.!!!!!!!!!!!!!!!!!.!! Joseph Burroughs— Peanuts"


Mary Ann Turner Mary !Jane Andkuson
James James James
L. P. J.




Ferguson UirroRD

Property man at Ford s; rented stable for- Booth At theater on night of assa-ssiuation Stage carpenter j present on uigut of the Uth




Captain Theo.



Major H. R. Rathbone William Withers, Jr Joseph B. Stewart

John Miles Dr. Robert K. Stone William T. Kent Isaac Jaquette Judge A. B. Olin David C. Reed J. F. Ojtle

Prespnt at thpater on night of the 14th In President's box on the Uth stabbed by Booth Leader of orchestra; onstage; struck at by Booth At theater on the Uth; pursued Booth On tlie stage on night of the assassination Fitted up President's box on afternoon of the 14th Ontlie stage on night of the assassination Attended tlie President after tlie assassination Found the pistol in the President's box Found the wooden bar in the President's box Visited theater on the lijth examined President's box, etc.... Sa^v John H. Surratt in Washington on the Hth Statement by Booth, said to have been left for publication in the National Intelligencer



John Fletcher Sergeant Silas Polk Gardiner John M. Lloyd

Hired a horse to Hcrold; went in pursuit On duty at Navy Yard bridge stopped Booth and Herold Met Booth and Herold on the night of the 14th Mrs. Surratt's visits to Surrattsville; Booth and Herold there on the niglit of the assassination


Lieutenant Alexander Lovett Lieutenant D. 1). Dana William Williams Simon Gavacan Joshua Lloyd Willie S. Jett EvERTON J. Conger
Sergeant Boston Corbett Captain Edward P. Doherty Surgeon-General J. K. Barnes C D. Hess

18th and 21st of April At Dr. Mudd's on " " " ^' " " " " " " " " " " " " Met Booth and Herold at the Rappahannock on the 24th. At Garrett's barn Booth's death; capture of Herold " " " " " " " " " " " "

Identification of Booth's body Manager of Grover's Theater Booth's inauiries

Captain Eli D. Edmonds Francis S. Walsh



James Nokes William H. Keilotz Emma Herold Mrs. Mary Jenkins Mrs. Elizabeth Potts Dr. Charles W. Davis Db. Samuel A. H. McKim

Herold in Washington on the 20th and 21st of February. Character of Herold; employed him as clerk Character of Herold Herold at liome in February Herold in Washington on the loth and I9th February Herold in Washington on the isth February Herold in Washington on the 19th and 20th February ('haracter of Herold light and trifling Character of Herold


Jacob Rittersp.vugh

Lodged at the same boarding-house as Spangler At theater on the Hth first to pursue Booth

William Eaton Charles H. Rosch John E. Buckingham John F. Sleichmann Joseph Burroughs— " Peanuts "

Arrested Spangler at his boarding-house Found rope in Spangler's carpet-bag

Door-keeper at Ford's Theater
Assistant property man; at theater on the Uth Received Booth's horse from Spangler on the night of Uth. Saw Booth and Spangler on tlie night of 14th Saw Booth and Spangler on the night of Uth Saw Booth and Spangler on the night of Uth Propertymau; rented stable for Booth Present at the theater; pursued Booth saw Spangler On the stage on the night of the assassination Fitted up the President's box with Spangler On the stage on the night of the assassination


Mary Ann Turner Mary Jane Anderson L. Maddox

Joseph B. Stewart Joe SIMMS

John Miles

Hess H. Clay Ford James R. FOBD
C. D.

Manager of Grover's Theater Booth's


John T. Ford

J. L.



William Withers, Jr Henry M. James

William R. Smith J. P. Ferguson James Lamd Jacob Ritterspauoh

Treasurer at Ford's Theater; decorated President's box Business manager of Ford's Theater; present when the President's messenger engaged the box Proprietor of Ford's Theater; Spangler's duties on the night of the Uth; Booth's characteristics Character of Edward Spangler Ticket-seller; no private boxes sold on the Uth Saw Booth rush through the door from the stage Position of Spangler on the stage on the 14th Saw Spangler at liis post at the time of assassination Descrilied Booth's exit from the stage Saw Booth's exit pursued by Mr. Stewart Saw Booth's e.xit; pursued by Mr. Stewart ITse of rope found in Spangler's bag Spangler's remarks at the time of assassination




s v<-i-siiin

of Spangler's remarks

Louis J. Garland James J. Gifford Thomas J. Rayuold


Recalled E. BIerrick

James O'Brien JoSKPH P. K. Plant G. W. Bunker Charles A. Boigi John Goentusk

Respecting Kiitirfpaugh and Spangler alter the assassination Ritter.ipiuigli'.s Htatrmrnt; use of Spangler's rope The locks on the b>>xes; Booth's occupying box at the theater; arrangement of box on the Uth Condition of the keepers on boxes 7 and 8 Engaging box No. 7 T'sher at Ford's Theater Examination of keepers on boxes 7 and 8 Gimlet in Booth's trunk Boarded at the same house as Spangler Boarded with Spangler


Mar 13. lUrU.
Jobs M. Lu>t9




Mrs. Sarratt at Sarrattarille on Uth and Uth March.»..._.„

113 lis 130 130 121 121 131


Mar Id. Marl». Mar Ij. Mara.

WucHXjjT!! BteaBed _

rGMieral conspiracy

complicity of



_ A. R. Bextks Miis Hoso&A. FiTtrATaicx. iFLr t >fs.?. TjntK




Mar WMaris.










Atzer'xic, Madd, Herold, Payne; a«*Ai- - i:i r. . (. .-imann ,_ Identified telegram :rratt"«....__ _. Rxah, Payne, and Mrs. Sarratt at Su: yd Arrest of Mrs. Surrai'. i'_ :imi;y i arne"s arrest searcij of Mrs. sorratt's houae _. Arrest (rf Payne


John H. Sarratt. Canada after the

ifooth, ricit to




_ _ „ „








Maris. Junes.

ax W.


Photo^raplta of rebel chiefs ; Booth's portrait concealed Identined the photograph of Booth „ „

„ _.


Mars. Mari^
GmomBM OovrnrsHAX..
Mas. Ekxa OnxTT



. Llord's statement after his arrest „. ConTersation with Mr. Aiken i.coansel} as to Llord's confes-

MarS^ Mar 36. Mars. Mar a&. Mars.
Mar 30.

Gsoaex H. Clltexi

Correction of testimonr giTen for the pro«ecation..._ Ideatifled his hwrincia letter to Mn. Sarratt-



_ F. Gwtjts

Bft-^ivM frr,m Mrs SoTratt

a Ictttf


Mr. Xother...


Mara>L Jane 3. Jane 13.

J06EI>H T. >'OTT

Jane 7. Jane 13. Jane 2. Jane U. Jnn? 7.
Jun-T. Jane 5.

BecaOed AXOKiTV TLij-tssajsi J. Z. Jkstkucs. _ BeoaOed BiCHARD S»XZ3rET _.


raoney on pnrchase of land Lloyd in liquor on the Uth respecting John H. Sarratt. rn Lloyd was arrested

127 127 127




Irindnffia to





with him on the Uth
the Uth „ loyalty of J. Z. Jenkins


Jaxes Lcsbt
V. PllXS J. C. TH0XPS-3S
J. J. H. BLASToan WlLilAH p. Wo>J0



129 130 130 130



MisS AjrsA E. StntaAiT.

Jane Jane


Mar 23.

Misa HosoBA Fttzpatrick
BecaUed 5LR3. ytTTt HOLAHJLS


Booth, Atserodt, Payne, at Mrs. Snrratt's; owns photographs _ Owns card with the motto "5»c- semper t\>ranKu;^^ pbotoer-irh- f r-r'-'i :h;-:"i a =r.!': r'rom her father „ 'ith Miss Sarratt _





Mar 25. May 27.

i-i"4tj, and Booth at Mrs. -at defective

133 133 133

Geo&^e B. 'W.mbs
MiiS AxsA Wian „ Bet. B. y. Wmet _ Ret. Ffiixas E. Botle BxT. Chabxxs H. StosxantEET., Bet. PETza Laxthax „ Ret. X. D. TotTtG Willi AX L. Horu;


i.i---- _. ..;. .i








May 25. May 25. Mar 25. May 26.

Mjts. SorT^tt's general character


eyesight loyalty




Jane L3. Jane 13. June 13. Jane 13. Jane 3.

Joax T. n-.XTox WnxiAjf W. HoxTOX Bachxx Sexcs


HxxsT Hawkets



Character of Mrs. Sarratt; J. Z. Jenkins: W. A. Erans. C'uaracter of Mrs. Surratt; loyalty of J. 2. Jenkins Character of Mrs. Sarratt; i'^fective eyesight _, Mrs. Snrratt's kindness: feeding Government horses John H. Sarratt in Washingtoo on the Uth of April

137 137 137


Joaer. Jane 7.

138 13S 130 139


Character of Louis J.

F»A!rK Sttth

Jane 7. Jwier. Jane 7.
JnaeT. Jane 7. JuieZ.

Jaxxs p.

Booth, Parne, Atserodt at Mrs. Surratt's; went to Canada with L. J. W eiohmann to identify John H. Sarratt _ Accompanied L. J. Weichmann to Canada „ Jenkins threatened if he testified a^inst him ..„„. Disloyalty of Jenkins; Joseph T. Nott said John H. Sarratt _ _ „ knew ail about the murder
Disloyalty of J. Z. Jenkins Disloyaltr of Mrs. Surratt.


P. T. RansTvbi) T. HOLAHAJf..

Jajixs McDetitt .\jrDEEW Kallexbacb. E, L. Sxo>>T

141 142

Jane 2. Janes. Jasei. Janes.


A. T. R-iBT



143 143 143

aris^ Mar 13. Maris. Mar 27. Mar 17. Marl*. Mar 17. Maris. Mar 14. Mars. Mar». Mar». Mar 17. Mar 17.


144 144 144 144 14;

BovKKT B. Joans _ JoKS Lm







Atierodt at Kirkwood House on the Uth .\pril Contents of .\tz«rr'>lt's room at the Kirkwood House Went to .\tier3dt's room with John Lee

R. >'ETI3tS







HrsEKiAH Meti Sra^EAST L. W. Gexxill Maacra P. >'oaios




L. McPbaiIp.

Atzero>lt inquire.l rvJiT" tin; Vi-.--Presiilent Johnson -th April Uire.l horse to At? t of the Uth „ I>-:.ir.^.i to sl-pp w.: of Uth .\tz-r.>U at -:.t of Uth _ Atz. ro.it at Penn. I. K. .•ni''d with .Mier."i: .i: ;:.• Ptun. House _«-. L.jan.'d Wir.Todl $10 on his ri^tol . ^ i-jr \- r- T -its knife pickr<l up where he thr'-w away his knife the asaajsiuation of General Grant ;.-rodt at the house of Bicbter .\i*-'i'j-ji ^u-1 O'Langblin with Booth at National Hotel.



U) 14





14S 149

ConTcnation between Booth and Atzerodt

"? 149 ly

>n Saw Dr. to be kille^l Did not ask for certificate entitling him to the re^*rd for the arrest of Dr. 31r. build batteries Dr. Le. saw him entering Mrs.\jcan' Haetjiax Kichteb Samitel McAllistee Alexaxdee Beawxee Louis B. Captais Fbaxk Mokboe Discrssios Matihew J. Mudd Conversation between Benjamin Gardiner and Dr. Booth „ Had no doubt the name was J. At Xational Hotel ou the 3d March. T. Booth Found the oue-eyed horse on morning of the 15th Identified the horse at the GoTernment stables . SrEOEox-GEx-EBAL J. Frederick Seward. Booth _ Found the ink-mark to be J. moral and mental Examined Payne with regard to his insanity Payne's conversation since his imprisonment Pavne desired to die „ CoLOXEL W. . Samuel A. On admitting Atzerodt's confession in his defense Atzerodt went to his stable to sell a horse Met Atzerodt at Pope's restaurant Atzerodt hired a small bar mare on 14th April Bay mare returned to stable about 11 o'clock At 31r. Kobixsox BecaUed Majok AcGtTSTUS H. and Mr. Mudd's talk of President Lincoln. MUDD.'ls.. assa-isination known there that afterno'. Surratt's house Heard of the assassination at Bryantown. ToFrET Becalled Payne at Herndon House up to April 14th „ At Mr. Lrcv Axx Gbaxt ~. | A.inity Payne's conduct at Mrs. Hall Dh. Fabwixl Mis. Hall JoHX John B.. Mudd and strange gentleman on roa<i to Bryantown: gentleman returned. ATZERODT. W. Clabk Edwaed Jobdax Stephen' Mabsh LiEUTEXAXT JoHX B. Seward. Mudd's statement after his arrest „ Lived at Dr.01 Mabshajll „ — Daxiel J... J.'ith. Eosch Spexcee M. H.. IZ tASX DEFENSE OF GEORGE May 30. identified Payne at General Augur's head -quarters Identified the clothes wurn by Payne „ Attacked in S-^cretary Seward's room. fe<l by Dr. James C. Nichols Db. sheltering rebels Sheltering reb. Johnson's room on nieht of 14th Does not recognize articles found at Kirtwood House Articles found at Kirkwood House Atzerodt at house of Metz on Sunday. Babxes Teedi KoBEBT Xelsox I)u. Etans „^ Wabd Fbaxk Blotce Mrs. James C. Atzerodt's cowardice Atzerodt's notorious cowardice Atzerodt's good nature lacking in courage Atzerodt remarkable for his cowardice . Pope John H. Mudd's.. KoBEBTS to the sick after the battle of Gettysburg.Ja>e Heeold F.>MiTn. POETEB Examined Payne with " " " " " ** reference to hls iDsanity " " " " . Payne's physical condition the aflray in which Payne saved the lives of Union soldiers. Cabinet. Sewabd Subgeox-Gesebal Db.' „ Leoakd J. 31es. Mudd President. Haekixs Washixstox Beiscoe Atzerodt in hU charge on board the monitor „. Mabtha Mttebat WiiLiAJi H. Frederick Seward wounded identified Payne. Saw Dr. Hvbbabd E.. boarded at her mother's house: discussion on introduction of testimony showing Payne's ins. McCau. Mbs. 16th April Talk about assassination of Lincoln. LEWIS PAYNE. Wells Chables H. etc. BeCKT Bbiscoe Mabcus p.. Dr. Babxes Dr. DEFENSE OF LEWIS PAYNE. and hat left by him Description of the wounds of Mr.TABLE OF CONTEXTS. Mabt SIMMS „ Elzee Eglent Stlvxstee Eglext Dr. Mudd Saw Mudd in Wiishington on the 1st or 2d of March. Thomas Becalled ^ WniiAM JoHX H. and Grant. Barb James Kelleheb !?AMrEl. struggle with Payne.. BA«tL MOBEIS ASSISTAXT-Sl"BGEOX GEOBGE L. . A. A. identified hat and revolver picked up in the bed-room Identified Payne in the clothes worn on the iHth Struggle with Payne in Mr.. Bo. W1LL1.Ti» . K. Branson's Causes and indications of insanity. Sergeant Robinson. JoHX Wilsox Thomas Pbice Colonel H. *' " SAMUEL CoLON"EL H. Atzerodt at his house from Sunday till Thursday Identified Atzerodt's pistol. IioOLET SoiiEBSEl Leamax James E. and of Mr. Seward... knew him as Lieutenant Powell Corroborated his wife's statement _ _„. Dr. H.. Seward's bed-room. Hansell after Payne's attack. Mudd and gentleman riding into Bryantown o« the l-Sth. H. at one or two o'clock on th" l. Mudd went on tovilLige. Mudd entered his room. Frederick Seward Saw Mr.. Xobtox . H. Seward's house on night of 14th.„ Saw JoHx Gbaxt IN REBUTTAL.. H. W.>tli the assassin Saw Dr. Major Seward. Mudd in Bryantown ou the afternoon of the IMii. K. Seward's house Identified the knife found by Kobert Nelson Identified blood-stained coat found near Washington Identified the clothing and boots taken from Payne Identified articles taken from Payne when arrested Discovered the ink-mark on the boots worn bv Payne to be J. Identified the knife found near Mr. took charge of John Surratts horse Rebels in the pines. inquiring for Booth Meltixa Washixgtos MiLO StMMS Rachel Spexcee _. Chables H. Seward. rebels hiding in woods Threats of sending him to Kichmoiul rebels hiding Threats of sending him and four other slaves to Bichmoud to _ „ «. S... 'ff gT.. W. Eleanob Blotce Mbs. Bell BecaUed Sebgeaxt Geobse F. Hiss Mabgabet B&assok Payne attentive Mabgabet Kaighx Db.

Thomas L. Knew Joshua S. man returned alone Mason L. never saw Surratt or Confederate soldiers at Dr.. characterof Maiy and Milo Simms Mudd DR. Mudd's handwriting H. Mudd. Mudd 18(il . Mudd's Dr.TABLE OF CONTENTS DEFENSE OF JoHX C. man followed him. H. Richards William J. Mudd"s. Heard of assassination on Saturday reputation of Thomas. afterward called on Dr.1. introduced him to Dr. John C. Mudd on his way to Bryantown followed by a man. etc Heanl of assassination on Saturday from soldiers Assassination known.. . Martin Recalled 11th. slept in the pipes in 1861. reputation of Dr. AT GIESBORO APRIL Henry L. saw Booth at church at Bryantown in November or December. Dr. Thomas James W. character of Mary Simms " Dr. Mudd return in the afternoon Saw no one with Dr. Joseph Blanford E. Naylok John Watf. MUDD. what the colored folks think "f . Surra tt Went to Uiilimond to avoid arrest. J. Saw Dr. Mudd Uth April . man returind alone Heard of assassination on Saturday afternoon learned from Dr. Watson H. Jenkins. 1st TO 5th MARCH. in November. Thomas. Mudd ownership of Dr.3d March airain in April house on Uth .'oige Hooz nieit Dr. J. Brook Fbank Washington Bennett F. Lanulk. Mudd from home three nights since January 9th. J. " " " Mudd " " " 23. Emily WHEREABOUTS FROM Dr. Mudd Lemuel L.Davis Thomas Davis Henry L. Turner Polk Deakins Jeremiah T. Montgomery Francis Lucas Samuel McAllister Julia Ann Bloyce asked him to bring a stove from Washington " " " " " Examined the Penn. but not the name of the assasaiu Dr. . Robt SawG. JIudd in Washington -.Maby Jane Simms John H. Bowman Jebemiah Dyeb liecaUed Recalled Booth at Pr. Mudd Cii. Thomas Thomas asked for a certificate Conversation about the certificate for Thomas Received no letter from Thomas in reference to Dr. House register for Dr. Alvin J. never saw Confederate soldiers at Dr. in character of Dr. DR. Itludd daily from 2d to 5th March Dr. Jb Robert F. Queen'd. Charles Allen Henry A.ks Daniel W. . . Mudd at home 1st to 5th. J. Z. Mudd took tea with him. MUDD'S ABSENCE FROM HOME. and Dr. Mudd bad no carriage Dr.. Frank Ward T. Mudd Reputation of D. (ieorge Mudd who the assassin was.. . Hawkins Joseph Waters " " " " " " " '* " " " " " *' " " " " " *' " " " " " " " Reputation of Dr. MUDD IN WASHINGTON DECEMBER Identified Dr. McPhbbson John McPherson Peteb Tbotteb John I.J.y Makcellus Gardiner Discussion . J. Went with At his his Discussion Db. Blanford At December 24 On Dr. characterof Mary Simms. Mudd'8 treatment of hin servants No one slept in the woods last year Neither of the (iwynns in the woods last year Reason for hiding in the pines. . bis loyalty Thomas's reputation. Jludd absent only three nights since Christmas Thomas Davis Betty Washington AT BRYANTOWN APRIL George Booz UecalUd 15th AND IC. Mudd's declaration coucurning the assassination . SAMUEL A. No one hiding in the woods last year Saw no rebel soldiers at Dr. reputation of Dr. Mudd attended his sick sister. Samuel A. Mudd and D. Mudd's I'lth April Dr.. William T. 1). MUDD'S Fannie Mudd Mrs. Mudd's. reputation of Thomas. DR. S.th. Thompson Db. Baden Kli J. Mudd's farm house . his character.'ith Saw Dr. I'hoinas Db. Discussion on the admission of testimony Dr. Holland Richard Edward Skinner John \. wanting to buy lands. 1864. R. Dr. Downing Db. Mudd at home. Mudd. Watson John C. reputation of . wtintine to buy land and horsps Sheltered in the pines. " DR. Mudd. Dr. Mudd at home. Gardiner Dr. Mudd's name. D. Orme John H. " " " " Saw Saw Dr.Xarv and Milo Simms Conversation between Dr. two strange men at Dr. Mudd to Washington. Heard of assassination on Saturday. A. throe men have seen none there since Mudd Betty Washington Frank Washington John F. Mudd on his way to Bryantown. Mudd's place . Jebemiah Recalled J. . Surratt or rebel soldiers at Dr. Blanford MiS8 Mary Mudd Dr. Mudd In Washington with Dr. Gwynn William A. took the oath of alioKiance on hi« return from Virginia Knew of p<Tsons in the pines in 1^1 Saw no one in tlic woodn last year. Mudd 5th March Mudd's father's carriage Dr. Mud<l spent the evening at his office Dr.. Dr. Mudd's treasonable talk Thomas's reputation for veracity . Mudd's object in visiting Washington With Dr.Mudd Saw Susan StkwaBt Primus Johnson Leonard S. Thomas Mental and physical condition of D. Mudd .\pril saw Dr. Mudd Booth at Brymitown. Clark MUDD IN WASHINGTON MARCH 23d. Allen. reputation of J. Mudd Dr..vkles Bloyce Baptist Washington Mks. Geo.Assassination rumors. Mudd. Mudd home on the 3d of March Mudd attended him in March DR. Accompanied Dr. Jb Dr. Never saw John H. Mudd's loyalty. Thomas for veracity and loyiUty . H. Bean John Acton Brvantown road the as seen from Booz's housu Mudd in his store on the l.

Thomas At Dr. Recalled XI Mudd BenjaMiN Gardiner Discussion Recalled Daniel E. Newman Identified Arnold's handwriting Arnold received suspicious money letter DEFENSE OF SAMUEL ARNOLD. A. Mudd at coUeee Assassin not positively known on the loth Did not know Dr. Dr. Watson. Charles H. McPhail Littleton P. 27th. never at Mrs. Richardson. Ewing as to the testimony of John F. discussion on admission of Arnold's staten^ent with regard to arms meeting of conspirators to abuuct the President Contents of Arnold's carpet-sack „ Letter signed "Sam" found in Booth's trunk Identified the writing of the letter as Arnold's Discussion on admission of testimony as to Arnold being in . Mary E. Aiken's proposal to offer in evidence an aflidavit of John McCuUough. Magee Arrest of Arnold. Sludd at cliurch on Sunday On the admission of Dr. Mary "Van Tine Billy Williams John Hapman Edward C. Giles P. Bernard J. Stewart Samuel Streett Bernard T. Bludd's statements Dr. the rebel service James L. Mudd on Saturday evening. Thomas B. loyalty of witness discussion. Hornee John W. Mudd's statements to him Saw Dr. Mrs. Norton " " " " " " . Norton The arrest of Michael O'Laughlin O'Laughlin in the rebel service Intimacy between Booth. A. Wharton Discussion Whereabouts of Arnold March 2l8t to April Ist Arnold went to Fortress Monroe April Ist Saw Arnold daily from aith to 30th March Arnold employed as book-keeper At Mr. Henderson David Stanton Major Kilburn Knox John C. Monroe John F. Mudd's on Friday Did not linow Dr. Hatter Marcus P. his loyalty. John F. Tebey William McI'hail George R. Reputation of Marcus P. McPhail Mrs. H.. S. " " '* " " " MICHAEL O'LAUGHLIN. reputation of D. Surratt's house. House on night of 14th Booth and O'Laughlin schoolmates. Norton Mr. Wharton's store with Arnold Saw Arnold in Baltimore March 20th. Maulsby Came to Washington with O'Laughlin on 13th and 14th " " " " " " O'Laughlin going to surrender himself With O'Laughlin on the l. Hardy Jane Hei:old li. etc Keputation of Dr. Mudd's on Tuesday after assassination Officers at Dr. Henderson Daniel Loughean George Gkillet Henry E. I). Middleton Judge A. Hodges Conversation with Dr. O'Laughlin went to see Booth O'Laughlin visited Booth on the 14th O'Laughlin at the house of Sec'y of War on night of 13th " " " " " " " " " " " Saw Atzerodt and O'Laughlin with Booth at National ' DEFENSE OF MICHAEL O'LAUGHLIN.Norton Between the Judge Advocate and Mr. Early James B. HORNEB Voltaire Randall Lieut. O'Laughlin. Davis John F. defining the Department of Wash- . Geokge D. O'Laughlin surrendered himself SAMUEL ARNOLD. William S. Dr. and 2Sth Arnold's confession at Fortress Monroe Employed Arnold as clerk at time of his arrest " Mr. reputation of . J. S. and Arnold Correspondence between Booth. Conversation with Dr.Hall George Craio Minnie Pole Eaton G. Arnold Frank Arnold Jacob Smith Charles B. and Arnold Telegram from Booth to O'Laughlin Another dispatch from Booth to O'Laughlin Booth and O'Laughlin in confidential talk In Washington with O'Laughlin on the 13th and 14th of April. Eaton G. Fuller John R. Weichmann a copy of General Orders No. Norton in the Supreme Court 3d March Reputation of Marcus P. John K.TABLE OF CONTENTS. Mudd's statements about the assassination Kuinor that Edwin Booth was the assassin. Farrell Jacob Shavor Willis Hamiston Hon. J.'Jth and 14th With O'Laughlin on the 13th " " " O'Laughlin at his house at time of assassination O'Laughlin slept with him on night of assassination O'Laughlin at Penn. GouitiGHT James Judson Jarboe D. 26. Mudd as a citizen aud as a master. William Wallace Marshal James L. Early Edward Murphy Recalled James B. Horatio King M'illiam Wheeleb Silas H. O'Laughlin. Tliomas A. Mudd. Hardy Francis R. Ewing offered in evidence ington : On the daily reading of the record On Mr. B. Smith TESTIMONY IN REBUTTAL. contradicting a statement made by Louis J. D. Mudd Never heard Dr. Mudd's name mentioned Dr. Mudd on Saturday evening. William H. Oun Agreement Keputation of Marcus P. S. Purdy John H. Henry Burden W. Stonestreet A. Nelson Kev.

Atzebodt Lewis Payne Mrs.33 351 APPENDIX. Mudd " " Michael O'Laughlin and Samuel Arnold Argument by Hon. Arnold. Mudd President's approval of the findings and sentences Modification of the sentences of Mudd. Townsend— Abraham Lincoln acted as President and Hannibal Ilamlu as Vice-President of the United States for four years preceding March 4. Swing Proclaniiition of the I'rcsirlent. UK). Bingham " " " " " " " " " " " " 249 249 2iO 251 264 268 276 289 300 308 318 3. dated Muv ao. Weichmann Affidavit of Captain George W. Reverdy Johnson " " by Hon. Opinion of the Attorney-General Instructions for the Government of the Armies of the United States. offered in evidence by the Judt'e Advocate Extract from tlie Journal of the Senate of the United States of I3th February. TABLE OF CONTENTS. 14. Washington. offered in evidence by tlie Judge Advocate A copy of General Orders No. and O'Laughlin Application for Writ of Habeas Corpus Argument on Jurisdiction by Hon. Proclamation of the President. f».xu June June 8. 18i)5. 243 June Jane June June 12. Andrew Johnson acted as Vice-l'rcsiil. Thomas Ewing.\. nt until the death of Abraham Lincoln Certified copy of the natli of office of Andrew Johnson as President of the United States Copy of the resolution of ttie Senate appointing William H. Duttou 403 410 419 420 421 . Mary E. Seward Secretary of State of the United States Copy of William H. 1863. 1861. M4 244 2*4 244 244 247 248 248 248 248 248 249 249 12. 244 12. dated September 25. Adjutant-General's Office. and from tlio Journal of 8th February. Mary E. 1S(J5. Herold " " " Ueohge a. Spangler. Herold " " Edward Spanoleu " " Mrs. K. Samuel . September 25. John A. D.rai. 1865. Atzerodt " " Lewis Payne •' " Dr. jr Argument in defense of David E. ' June June Juue30. with accompanying certificate of the Secretary of War. April 24. BiscuBsion on the charges against the accused Finding and sentence of David E. 12. 12. Surratt Michael O'Laughlin Edward Spanuleb " " *' Samuel Arnold " " " Samiel a. 1862 Allidavit of Louis J. PAOB tcleRrapliic dispatch from John McCuIloueh offered in evidence by Mr. Seward's commission as Secretary of State of the United States A 213 243 Junes. Suubatt " " George A. showing the election of Abraham Lincoln and Hannibal Hamlin as President and Vice-President. lst">2. showing the election of Abraham Lincoln and Andrew Johnson Bbigadieu-Gknf.

Dr. . Burroughs. Boigi. William A II U 197 Farrell. Mrs. L 201 201 Dempsey. Cantlin. Nathan Ball. Frank Arnold. Branson. Johix Allen. Captain Eli. . Daniel S Eaton. John Calvert. Francis R S. Carland. Mrs. Julia A Bloyce. John F Craig. W Downing. Lieutenant Keuben. Sergeant S. Chester. Lewis W. William J. 153 181 J. John Bartley. Charles A Booz. (I K. Major T. John 160 Doherty. S Auscr. Bloyce. Charles Brook. Kev. Charles 192 Deakins. Henry Burke. Charles Andei'son. S. H. Alexander Brenner.. Charles Bloyce. H Douglass. William « <i 53 74 75 148 126 126 Eckert. Thomas 183 Dawson. J. Jeremiah u u l( U Early.. W. George H. Edmunds. H 62 46 203 154 155 Crane.. Sylvester Evans. 112 216 a Eastwood. G. Spencer K M 159 • (xiii) . Albin J Browning. Boyle. Becky Briscoe. N . F.. H Duell. Clark. . Lewis F Bean. George F 108 Edson. Dr. Lieutenant David D 195 Davis. 34 u il Baden. Colonel Martin. W. William Cobb. Surgeon-General 188 J. Robert Anson. A Briscoe. Dr. Joseph Caldwell. DBF. K .. E. Mary J Arnold. Louis J Carter. R Bell. Acton. Dye. Captain E. Bernard M W J a Burden. Lieutenant John If U II 178 136 Devenay. Elzee Eglent. John 45 51 38 52 44 Edmonds. H. Charles 180 Davis. C. William Dana. il T « <« « Campbell. Hosea B Chamberlayne. Sanford u . George C \ Barr. Frank Bloyce. George K (I Courtney. W . John 151 Coyle. T 240 Conger. Sergeant Boston Cottingham. J. D. Henry A Clark. William E 197 Clendenin. Everton J 240 Conover. E. Margaret Brawner. Eleanor. 60 95 157 167 Corbett. John H William Barnes. B Buckingham. . George 176 176 Bowman. Henry G Eglent. Washington 57 177 145 Dana. Polk 112 Debonay. A L William H Blanford. Bates. U.ALPHABETICAL INDEX OF WITNESSES. Dr. John Bunker. Francis E. 75 203 Cleaver. P 153 Dooley. Mrs. Sergeant Joseph Dyer. John F '(( a 200 208 Davis.

Hoxton. John 1^ Latouche. Rev. H McDevitt.. Lieutenant-General U. Kallenbach. C. H. Simon Gemmill. Mary. James Ferguson. Dr. Willis Ilapman. Hess. Edward Johnson. Eaton G Ilowell. N. Daniel Lovett.. Ford. John 48 220 223 213 Hardy. Samuel Jordan. W. Francis Lusby. James 164 167 J. W. Jane.. Frazier. S. Godfrey Joseph. Alex. Herold. Samuel. 85 71 Gardiner. 231 211 211 205 Kaighn.. William McPherson. Edward Fuller. John C Horner. Lieutenant Alexander. GifiFord. John Grillett. Miles. 153 H B 227 McAllister. Stephen Marshall. Leonard ALPHABETICAL INDEX OF WITNESSES. John McPherson. Miss Honora. Bennett F 146 Hall. William Martin. Joshua Loughran. Louis Hatter. James Keilotz. Mrs. F Hamilton.. S. Gardiner. J. James C. Charles B Hall. John F 218 llarkins. Mrs. A Goenther. Somerset Lee. Horatio Knox. Z Fletcher.- Hawkins.. Brig.. John C Maulsby. Lamb. U.. 234 241 133 137 137 136 165 35 37 149 Augustus S. John Lloyd. Colonel W.. Major Kilburn. William H 196 Gavacan. Hoyle. 83 145 Ford. Eliza. Mary. 230 126 126 182 241 52 Lloyd. Polk Gardiner. McPhail. DF. B Herold. Henry E Merritt. Lucas. Willie S Johnson. P Edward H Gardiner. P. McKim. John B W 81 S. Hutchinson. James. Isaac Jenkins.. Ford. Frederick.. Primus Jones.. Henry M Finegas. Mrs. James R.. Frederick H. William T Kelleher.. King. A. Merrick. James E Leaman. 39 121 132 132 Jarboe. 216 John Monroe. William L. H. Oscar Henderson. J. John. Hyams. Hamiston. L. Hall. Hubbard. James P.. George Gwynn. Mrs. Margaret.. Holland. Robert R Jones. John 99 100 102 104 49 Jenkins. R.. James B Metz. John T Holahan. H 212 150 192 .. J. Emma. Hezekiah Middleton. Silas H Holahan.. Grant. James J Jaquette.. D Lanihan. Andrew... Salome Marsh.. John T. H McPhail. Benjamin W.. Daniel W. Maddox. George R Marsh.XIV Farwell.. James J Giles.. 42 7G 106 Hudspeth.. 151 Ferguson. James 109 231 213 112 166 John R Gobright. 189 247 66 225 229 96 152 213 99 221 139 McCall. John M (I it Greenawalt.. John Grant. Dr.. John Grant. Captain Theodore. George B. Daniel E Monroe. Hawkins. 89 149 77 Keim. William W. Montgomery. Sergeant L. Henry Heinrichs. Thomas L. P Langley. J. 204 204 68 111 132 187 Memmert. D.. Mason L. Captain Frank. John 37 166 51 Leaman.r. R. Clay. James L D Hodges. Henry Fitzpatrick. Lucy Ann Graves. James A McGowan.. Marcellus..-Gen. Kent. Jett. Lieutenant W.. John T Hoxton. James L Magee..

K Pole. R Reed. Hartman .ALPHABETICAL INDEX OP WITNESSES. Emily Mudd. George D Mudd. John Price. Joseph P. Voltaire Ransford. Martha Naylor. Offutt. Pumphrey. Robert Randall. Mrs. Charles H Nokes. Edward 11 It Murray. Basil Norton. D Nichols. R. James Purdy. Thomas L.. Assistant Surgeon George Potts. Richard K K u U Morgan. Colonel W. Major Henry Raybold. William A Mm'phy. Lieutenant J. Mrs. Fannie Mudd. Joseph T 11 tt O'Brien. Montgomery. Mrs. Miss Mary Mudd. P. It James It Mrs. Joshua S Nelson. Minnie Pope. James Norris. PROS. C Mudd. Robert Nevins. Henry E W Purdy. It Orme. P. Marcus U (t tl 11 tt P (t Nothey. John Nott. Jeremiah T 11 II u It Mudd. David C It It Rice. ti Judge A. James Richter. It II Roberts. Mrs. Mary E Nelson. Lemuel L Owen. T Rathbone. L (1 11 Mudd. John V Plant. John E F Robinson. L. Sergeant George . A. H. R Newman. Thomas J 11 It R Reeves. Jacob It 11 L . Ritterspaugh. Dr. It (1 jr. Elizabeth Potts. Matthew J Porter. Nathan Richards. Dr. Joshua T Piles. R Emma B Olin. Ripple. W .

. William J. D 186 . II i( H Ward. John Wheeler. Daniel H Wilkes. L Wallace. Wall. N. Dr. James Young. 96 135 189 176 181 Wermerskirch. W. _^ Weichmann.. George Williams. (1 II 194 171 Washington.XVI ALPHABETICAL INDEX OF WITNESSES. Joseph Watson. William Walsh. Francis S 57 221 Wells. George B Young.. William E W M 158 168 123 241 39 221 II II Washington. Wood. Captain W. 189 189 188 186 113 118 120 Wiget. Frank. John H . William P Woods.. PROS. F Wilcox. Colonel H. Eli J Watson.. jr. John Waters.. PROS. William II II 185 47 64 223 88 158 79 104 180 133 61 189 . .. Washington. Louis J. James P Young. Wifliam Wilson. Betty 194 201 181 Washington. John Withers. Baptist. Miss Anna Ward. Frank Ward. Melvina Waters. Wharton. Rev. B. Billy Williams.. Rev.

Brevet Brigadier-General Cyrus B. I J Whereas. on Monday. Secretary of State. and 6u^h other prisoners as may be brought before it. and conduce to the ends of public justice. Harris. M. Seward. Brigadier-General Robert S. A. U. 1 Washington. Major-General David Hunter. / Special Orders. Volunteers. and lawfully triable before. May 1. and their aiders and abettors. the Attorney-General of the United States hath given his opinion: That the persons implicated in the murder of the late President. aided by such Assistant and Special Judge Advocates as he may designate. By States. George A. S. Brigadier-General Joseph Holt. and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City. Michael O'Laughlin. is appointed the Judge Advocate and Recorder of the Commission. 1S65. Herold. and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offenses. Brevet Colonel Horace Porter. Volunteers. Wah nate. Clendenin. U. Seward. The Commission hours. Foster. 2d. Howe. and their aidei^s and abettors. Secretary of State. at*9 o'clock A. Samuel A. U. Volunteers. 1865. U. and the attempted assassination of the Honorable William H. Brigadier-General T. 3d. to be aided by such Assistant or Special Judge Advocates as he may desig- Eighth ANDREW Departmbst. U. Assistant Adjutant. and attendance upon said Commission. No. will sit without regard to ******** EXTRACT. Volunteers. and the execution of its mandates. and tliat said trials be conducted with all diligence consistent with the ends of justice: the said Commission to sit without regard to hours. S. unteers. that said trial or trials be conducted by the said Judge Advocate General. unteers. S. and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City. Mudd. the 8th day of May. NICHOLS. Lewis Payne. S. It is ordered: Adjutant-General detail nine competent military officers to serve as a Commission for the trial of said parties. U. in person. U. Lieutenant-Colonel David R. and as recorder thereof. VolVol- Major-General Lewis Wallace. by virtue of the following Orders: Executive Chamber. or as soon thereafter as practicable. implicated in the murder of the late President. Samuel Arnold. 1865. A Military Commission is hereby appointed to meet at Washington. order of the President of the United 4. Washington City. are subject to the jurisdiction of. Army. Brigadier-General Albion P.General. [Signed] JOHNSON. Kautz. and the attempted assassination of the Honorable William H. Comstock.. Volunteers. Surratt. Mary E. D. S. Atzerodt. (17) . Abraham Lincoln. C. That Brevet Major-General Hartranft be assigned to duty as Special Provost Marshal General. a Military Commission. Abraham Lincoln. ilay 6. S. Edward Spangler.i^nocEEDiisras OF A MILITARY COMMISSION Convened at Washington. DETAIL FOR THE COURT. District of [Signed] W. for the trial of David E. 211. S. That the said Commission establish such order or rules of proceeding as may avoid unnecessary delay. Aid-de- Camp. Columbia. S. Judge Advocate General U. for the purpose of said trial. and bring them to trial before said Military Commission. Illinois Cavalry. That the Assistant Ist. M. Adj't-General's OrncE. Brevet Major-General August V.

211. EDWARD SPANGLEIR. Edward Spangler. Atzerodt. Foster. in the presence of the accused. Brigadier-General Robert S. ") Washington. in the presence of the acBingham and Burnett. and Assistant Judge Advocates Murphy. maliciously. and conspiring together with one John JI. in the presence of the accused. Edward Spangler. Beverly Tucker. Volunteers. Aid-de-Camp. Army. M.18 May y. Volunteers. 1 M. Advocate General. Clay. C. now Vice-President of the United States aforesaid . The accused were then severally arraigned following Special Order: on the following Charge and Specification: War Departmknt. Mary brought into court. U. replied that named therein.ludge Advocate. L. Kautz. and others unknown.J and Brevet Colonel II. May 9. unlawfully. aid of the the existing armed rebellion against the United States of America. paragraph 4. Lieutenant-Colonel David R. were duly sworn by the Judge Advocate General.Samuel A. Tomkins. 10 T). were then May 10. Volunteers.sERAL'. Jefferson Davis. D. Andrew Johnson. 1865. Mudd. Samuel Arnold. foreBy order of the President of the United States 4 All the niemhers present. U. Hon. M. U. S. and having heard read E. S. The members of the Commission were To afford the accused opportunity to secure counsel. and Army. U. and on divers other days between that day and the 15th day of April. D. the Commission proGeneral ae Assistant or Special Judge Advo. TOWNSEND. M. D. Brevet Major-General August V. Comstock. MUDD.i'T-Gr. Tomkins. S. 1865. Surratt. The Judge Advocate General. the Commission adjourned to meet then duly sworn by the Judge Advocate Genon Wednesday. U. were then introduced by the Judge Advocate order being present. D. 1865. Bingham CouRT-KooM. Brevet Brigadier-General Cyrus B. Burnett. confederating. W.eioii met |iur8iiaiit to tlie goinj^ Orders. MICHAEL O'LAUGHLIN. and within the fortified and George intrenched lines thereof. eral. Jacob Thompson.duly sworn by the President of the Commis") lSti. cate General.J The Coniniis. tj. and being asked whether if they had any objection to any member they desired to employ counsel. MARY E. at 10 o'clock A.«ed were asked brought into court. Major-General Lewis Wallace. George Harper. on or before the 6th day of 3farch. Brigadier-General Joseph Holt. and ' Volunteers. and Brevet Colonel C. Bingham. and Edward V. Present. ana . President of the United States of America. L. Washington. Ekin. . Lewis Payne. Assistant A iljutant-U cneraL The lion. SURRATT.i. . Young. were then the Ibregoing orders. teers. William C. Court-Room. Hitt. all the members named in the foregoing Order. Judge Advocate and Recorder. U. — For traitorously. Volunteers. ment. U. : S. in CHARGE. and Brevet All the members named in the foregoing Colonel II.'>. Volunteers. No. Harris. confederating. Brevet Colonel C. Surratt. and Brevet Colonel Horace Porter. !>*. Seward. William H. George A. The Commission will be composed as follows Major-General David Hunter. Miciiael O'LaugTicates. they did. Brigadier-General T. E. S.^sHrNOToy. May 10. are detailed in their places respectively. Special Orders. S. Brigadier-General Albion P. who were Michael O'Lau^hlin. D. S. Clendenin. Murphy. 216. Adjutant-General's Office. Eighth Illinois Cavalry. David E. to which all severally replied they had none. GEORGE A. A. o'clock A. Cfement C. C. as reporters to the Commission. Mudd. THE CONSPIRACY TRIAL. Murphy. Secrc' tary of State of the United States aforesaid. and Assistant Judge Advocates. Howe. 91. HEROLD. S. sion. John A." and Brevet BrigadierGeneral James A. appointed in Special Orders No. Brevet Brigadier-General James A. also the Judge [Signed] E. J. and Samuel A. S. 10 o'clock A. and conspiring.ceeded to the trial of David E. and murder. A. Burnett. 11. tvithin the Military Department of Washington. are hereby relieved from duty as members of the Military Commission. U. also present the Judge Advo. Sutton. llerold. the accu. Cleary. Washington. U. George lin. CHARGE AND SPECIFICATION AGAINST DAVID E.s Office. John A. R. ) ******** EXTRACT. and Commander-inChief of the Army and Navy thereof . Abraham Lincoln. VolunVolun- teers. to kiU. Ekin. R. George N. F. J. LEWIS PAYNE. Lewis Payne. Mary A. SAMUEL ARNOLD. II.R. Ari. The Commission met pursuant to adjourn. The accused. and at the time of said cojnbining. S. Surratt. ATZERODT. AND SAMUEL A. John Wilkei Booth. late. U. Sanders. dated "War Department. Benn Pitman. ITerold. May 6. Atzergdt. combining. 1605. S. Volunteers. iSamuel Arnold. The Judge Advocate General then read the cused.

Ulysses S. Lietdenant-General of of the United States aforesaid. maliciou. incited and encouraged thereunto by Jefl'erson Davis. did. upon the death of said President and Vice-President of the United States aforesaid. then being Vice-President of the United States ard. and Commander-in-Chief of the Army and Navy thereof. at about the same hour of that day. and to deprive the Armies of the United States of their lawful commander. confederate. on or before the 6th day of March. 1865. kill and murder the said Abraham Lincoln. the office of President of the said United States. and in command of the Armies of the United States. as aforesaid. as aforesaid. the said Abraham Lincoln died. D. after the 4th day of March. coinbine. and in pursuance of said conspiracy. Grant. within said military department and the military lines aforesaid. and to prevent a lawful election of President and Vice-President of the United States aforesaid. and traitorously kill and murder Ulysses S. George N. at the hour of about 10 o'clock and 15 minutes P. and traitorously to kill and murder Abraham Lincoln. citizens of the United States aforesaid. Mudd. at Ford's Theater.. there being. did. unlawfidly. the said William H. on the death of said Alraham Lincoln. and of the murderous and traitorous intent of said conspiracy. did unlawfully. afterward. eaid —In this: that they. and William H. A. Grant. within the limits thereof. Sanders. D. in aid of said armed rebellion. by law. the same being then loaded with powder and a leaden ball. whereof. unlawful. to cause an election to be held for electors of President of the United States: the conspirators aforesaid designing and intending. at Washington City aforesaid. Samuel Arnold. and on divers other days and times between that day and the 15th day of April. at Washington City. Atzerodt. then Lieutenant-General. Clement C. A. within the Military TJhjsses S. Surratt. 1865. then President of the United States aforesaid. unlaufully.sly. rvith intent and murder. traitorously. and traitorously murdering the said Abraham Lincoln. the said Ulysses S. Jacob Thompson. Seward. then and there. as aforesaid. maliciously. A. And in further prosecution of the unlawful and traitorous conspiracy aforesaid. then being Lieutenant-General. 1865. on said 14th day of April. M. and. Surratt. Michael O'Laughlin. would devolve. and traitorously to kill and murder Andrew Johnson. and who were then engaged in armed rebellion against the United States of America.. 1865. 1865. 19 of the Armies of the and the Lincoln. inflict upon him. George Harper. as aforesaid. in pursuance of said unlawful and traitorous conspiracy. Edward Spangler. Andrew Johnson. as aforesaid. and unlawfully. to-wit. States. maliciously. maliciously. and Specification. whose duty it was. and conspire together. and thereby. and in aid of said rebellion. to kill and traitorously assaulting. Surratt. and conspiring together in the prosecution of said unlawful and traitorous conspiracy. and within the fortified and intrenched lines of said Military Department. together with said John Wilkes Booth and John H. and Commander-in-Chief of the Army and Navy thereof. Grant. on the 15th day of April. and traitorously. the said Booth. then President of the said' United States. Sew- then Secretary of State of the United and lying in wait with intent maliciously. D. did aid and assist the said John Wilkes Booth to obtain entrance . afterward. Surratt and John Wilkes Booth. the said defendants. in the City of Washington. as aforesaid. then President of the United States and Commander-inChief of the Army and Navy of the United States. 1865. by the killing and murder of the said Abraham Lincoln. Mary E. one of the conspirators aforesaid. on the night of the 14th day of April. and traitorously to kill and murder the said Andrew Johnson. George Young. maliciously. and traitorously to kill and murder Department of Washington aforesaid. A. and Commander-in-Chief of the Army and Navy thereof. D. D. discharge a pistol then held in the hands of him. tlie Herold. Clay. and witii the inteiit to aid the rebellion. and wi+hin the intrenched fortifications and military lines of the United States. D. ayid maliciously. nnder the direction of the said Abraham Lincoln. unhnvfully. A. CHARGE AND SPECIFICATION. A. A. William C. then and there. and unlawfully. the said Abraham Lincoln. on Tenth Street. D. Grant. and within the military department and military lines aforesaid. And being so combined. as aforesaid. and thereby to aid in the subversion and overthrow of the Constitution and laws of the said United States. together with the said John H. and SaTnuel A. within the Military Department of Washington. under the direction of the said Abraham William II. the said Edward Spangler. and by the means aforesaid to aid and comfort the insurgents engaged in armed rebellion against the said United States. as aforesaid. and with intent to kill and murder the said Abraham Lincoln. Cleary. on the \Ath day of April. to-wit. Seward. to deprive the Army and Navy of the said United States of a constitutional Commander-in-Chief. and others unknown. upon whom. 1865. and in pursuance of and in prosecuting said malicious. Beverly Tucker. and maliciously. unlawfully. David E. then and there. then in command of the Armies of the United States. unlaivfully. confederated. Lewis Payne. a mortal wound. and the said John Wilkes Booth and John H. against and upon the left and posterior side of the head of the said Abraham Lincoln and did thereby. George A.in command Army LTnited States. and traitorous conspiracy aforesaid. maliciously. then Secretary of State of the United States aforesaid. aforesaid. President of the United States. John Wilkes Booth. now Vice-President of the said United States. . and to unlawfully.

then and tliere. lie in wait for Andrew Johnson. At/. D. D. harbor. Seward. and did. to kill and murder Fred. abet. traitorously. George A. on or before the 6th then and tliere. ant-General and Commander of the Armies the said John Wilkes Booth. Emrick W.traitorous conspiracy. spiracy. 1865. entertain. as aforesaid. and of its murderous and aforesaid. Seward. George A. on divers other days and times between that inflict upon the head of said Frederick W. wounds. the said City. Michael O'Laughlin. and with said knife and pistol held in his hands. the said had been murdered in manner aforesaid. Augustus II. on or bet'ore the 6th day of March. A.erodt did.Andrew Johnson. and the said Payne did. Ilansell. aid. the John Wilkes Booth in the killing and mur. in the dwell. to kill and murder the said. A. so as to hinder and prevent any assistance to or res^ And acy and . and also did. by John "Wilkes Booth. with old. M. 1865. A. D. D. and their confederates. der of the said Abraham Lincoln. about the same John Wilkes Booth. on the same night of the 14th counsel. Surratt. and in tempt.between that day and the 15th day of April. Seward. and in pursuance thereof. D. and of the in. Seward.li. hour of 10 o'clock and 15 minutes P. and Samuel in further prosecution its J the box in said tlioatcr. Seward. and on divers his hand. then and there. and in the execution said. and within the military department and William H. then and there. And in further yjrosecution of said conspirJohn Wilkes Booth in attempting to conceal himself and escape from justice. Atzerodt. and itary department and the military lines afore. and their conthe City of Washington. and in other days and times between that day and pursuance of said conspiracy. the said David E. at the acy aforesaid. Lewie Payne. and same time and place last aforesaid. harbor. 1865. and within the military dethe said William II. then and there. unlawfully and maliciously make an thereof. and with the intent aforesaid. D. A. in which said' Abraliam Lincoln was sitting at the time he vas aseaiiltcil anil shot. the said Samuel Arnold did. receive. Robinson. and support.assist them in the execution thereof. 20 to THE CONSPIRACY TRIAL. receive. George and murder the said Frederick W. 1865. 1865. and within the military delines aforesaid. the 2()th' day of April. and George and conceal. Herold did. then the said John Wilkes Booth.said Abraha. encourage. Seward. 1865. and a pistol escaping from justice after the murder of the held in his hand. at Atzerodt. David E. cut. Mary E. D. Robinson. Payne did. as aforesaid. stab. A. Lewis Payne. and George F. Michael O'Laughlin.tent. on treasonable purposes aforesaid. comfort. aid and assist the said John F. on the nights the night of the 14th of April. as aforesaid. murderous. as aforcsaitl. A. And in further prosecution of said unlaw. and with the intent as spiracy aforesaid. Michael Laughlin. and did accompany and assist the said said Ulysses S. in fur. LS65. Emrick W. divers grievous and dangerous Wilkes Booth. then and there. before the 6tli day of Mar<. And in the further prosecution of the conful. lie in wait for Ulysses S. Mudd did. aid and abet and assist him. Seward. Grant. and upon the persons of 8ai<l Augustus advise. as aforesaid. Seward divers grievous nold. and conceal. as aforesaid. with intent. after killing acy. I). conspire with. Surratt.said Michael O'Laughlin did. A. at Washington ing-house and bed-chamber of him.ii Lincoln. Booth: and did aid and abet him in making then Vice-President of the L'nited Statea his escape after the said Abraliam Lincoln aforesaid. unlawfully. Robinson. in attempting of the United States. and George F. Seward. Mary E. Emrick W. and about the same hour of the night aforesaid. 1865. on the night of the 14th of April. inflict upon the face and throat of the said William H. aid and assist William XL Seward. John II. Lewis Payne. Augustus H. and on divers other days and times ful and traitorous conspiracy. And in further prosecution of said conerick W. of the 13th and 14th of April. David E. tent thereof. Samuel Arsaid knife. Grant. Herold. within the and murdering said Abraham Lincoln as military department and the military lines aforesaid. A. and assist the said partment and the military lines aforesaid. abet. Atzerodt. aforesaid. Ilansell. with the knowl wounds. and did thereby. murderous. at within the military department and military Washington City. day and the liOlirday of April. Seward from murder by partment and military lines aforesaid. combine. with the intent unlawfully and maliciously to kill and murder him.. And in further prosecution of said unlaw. strike. of said conspirtraitorous and murderous designs. then Lieutenthen and there. and traitorous conspiracy. Secretary of State. and aid.acy.A. I). with a large knife held in day of March. the said Samuel A. aid paid Booth in barring and obstructing] the door of the box of said theater. And the said Lewis Payne. H. to kill John II. the said George A. and attempt to kill and murder the said entertain.edge of the murderous and traitorous conspirther prosecution of said conspiracy. did at. the said day of April. on or the said Lewis Payne. within cue of the said Abraham Lincoln against the the military department and the military lines muwlerous assault of the said John Wilkes aforesaid. Ilansell. And in further prosecution of said conspirassault upon the said William H. Surratt. Surratt did. the said Lewis A.. 1865. D. A. and with intent to aid. Herand there. with the knife aforesaid. military lines aforesaid. 1865. at who were then striving to protect and rescue Washington City. and did. and within the mil.federates in said unlawful. abet. with into escape through the military lines afore.

whose attendance will be procured who shall file evidence of having taken the in the usual manner. shall be furnished the Judge Advocate Genand Thomas Ewing. Esq. Surk. the guard without such pass. the Court adopted the following will immediately proceed duly to deliberate and make its determination." one Judge Advocate. and regulations by which its proceedings by counsel for the prisoners. To allow further time for the accused to oath prescribed by act of Congres. By order of the President of the United 21 be dealt with as contempt of Court. The Commission met pursuant to adjourn4. Samuel Arnold. applied for copy of the evidence taken each day permission to introduce Frederick Stone. officers. limited as above. S. 1865. F. 10 O'clock A.. 0. in pursuance of said conspiracy in manner aforesaid. for pniitential reasons. The counsel for the prisoners will imin the following hours: Convene at 10 A. as her But shall be admitted to the court-room. and the argument should be conducted. The prisoners will be allowed counsel. be limited to five minutes by one Judge Advocate. 5rt'v. Mudd. No person will be allowed to pass Judge Advocate General. will be countersigned by Charge and Specification indorsed " Copy of the within Charge and Specifica. M. . or all the accused.-Gen. S. reporters G. Mary E. to the agent of the over. HARTRANFT. and CONVENED PURSUANT TO SPECIAL be responsible for their security. Maj. and be present at J. M. M. and Spec. eral with a list of the witnesses required for of one hour. may have access to them in the presence. who shall first take an All the members present. if the Judge Advocate General elects. 1S65. HOLT. When the testimony is closed.vrv E. Surratt. George A..re with the proceedings of the will Commission. unless Atzerodt. the trial.. jr. session. 3. upon the Court.sociatedPress. States. at 10 o'clock A. but not in hearing. The examination of witnesses shall be May Uth. The argument of any motion will. also the Judge oath to record the evidence faithfully and Advocate.grant permits for admission to reporters and otliers to of justice. Washingtox. The argument being closed. and with the intent to aid. Esq. the proceedings as maybe published. 9. and not to communicate the same. and after discussion shall be closed by one Judge Advocate. the Judge Advocate General will furnish *The tistimony of Richard Montsomeiy.* 7. at the discretion of the To the Charge Judge Advocate General. No reporters but the official Esq. 10.inford Condaily. "'Not Guilty. conducted on the part of the Government by Court-Room. pending the mony hereafter to be introduced niifiht be given to the public without impropriety or embarrassment to tlie Governtrial. and John W. . ou tliat the testiMay l. and assist them in the execution thereof. any part thereof. the Commission adjourned to meet on Thursday. and an extent not to interf. and by counsel on the May 11. of a guard. For the security of the prisoners and witnesses. hand by reporters. 8. Lewis Payne. 211 AND 216. Esq. and then take a recess mediately furnish the Judge Advocate GenResume business at 2 P. pear in the case. The Commission will hold its sessions 11.\t tlie opening of As. 2.. and to preserve order and decorum in the trial and proceedings.the Special Provost Marshal in attendance tion delivered to David E. counsel on behalf of the prisoners. or any proceedings on the The record of preceding session was read trial. on the part of all persons or parties concerned in making or procuring such publication. M." the case will be immediately summed up by pleaded ''Not Guilty. and that the President of tlie Commission would All other publication of tlie evi. and sit until 1 P. M. Clampitt. The accused. for greater precaution. and their confederates. abet. A dence and proceedings is forbidden.att. with knowledge of the murderous and traitorous conspiracy aforesaid. Objec[Signed] "J. the Assistant Judge Advocates. Merritt was. in his discretion. 5. the presiding officer will furnish a pass to counsel. all the accused severally on motions. which. and James B. and in escaping from justice after the murder of the said Abraham Lincoln. except by authority of the presiding and approved officer.. To the Specification. and Samuel otherwise ordered by the Court. eral. The Provost Marshal will have the ADOPTED BY THE MILITARY COMMISSION prisoners in attendance during the trial. Mar. a copy of such testimony and taken in secretJiidKo Advocate aniiounoed the session. witnesses. M. applied prisoners.. Michael O'Laughlin.vmuet. defense. and A. and one copy to the counsel of the The accused.. or shall take said oath before being permitted to ap. 1 one Judge Advocate. 1. Mudd.secure and communicate with counsel." tions to testimony will be noted on the record. and such persons as may be allowed to pass the guard. without injury to the public and the ends ment. on the 8th day of Mav..RULES OF PROCEEDING. Gen.'ith. Arnold.-*. and truly. The -testimony shall be taken in shortment. for permission to introduce Frederick Aiken. Counsel ORDERS Nos. A. and be followed or The Commission then considered the rules opened. Prov. D. as his counsel. and decided upon argument. : : RULES OF PROCEEDIXa J part of the prisoners. Herold.

Herold. and has not been. full and free operation in all the places where contained the following ]>assage: the several offenses charged are alleged to "Becau.. impose as an authority to vote what was not The accused. the oath Mrs. Mary E.st. the said reason why the peoj)le should submit. Esq. Doster. Mav because the exaction of the oath was be3'ond the authority of the Convention.\muel Arnold. the citizen to protect his rights under the Esq as his counsel. C 10 o'clock. i\rsl . and Cox. to say. then Constitution. S. and under that All the memhers present. Legislature of Maryland. prescrihed by act of Congress. applied moral harm in taking an oath which the for permission to introduce Thomas Ewing. the contrary.srs. but to admit to vote those who Es(]. the Com. Doster. the Assistant . of the State. to be taken by the voters of the not. power. D. } . moral obligation of an oath designed as a test of loyalty. in which all the the Hon. George A.. severally.u-m E. . Mary E. ") l-ifi. asked leave to withA member of the Commission (General T. they were themselves authorized not only to 'I'lie proceedinsrs were read and approved. : . as his coun.) that appeared. il. legal and binding ellect and bearing says that this court has no jurisdiction in the of the oath prescribed by the late Convention proceeding against him. applied and all that the opinion said.\ELO'LAUGHr. ir) open Court. to meet. Atzerodt. as his counsel. pending the ailop. tionality. for plea. the only course left to redress the wrong. 18IJ4. Johnson. Mudd. Lewis Payne. 2. accordingly stances. was that to take the oath voluntarily Esq.offenses charged are triable. George A. applied imposed by the then existing Constitution for permission to introduce Frederick Stone. in the military service State as the condition and qualitication of the of the United States. for further plea. Michael O'Laughlin. 1802. were prohibited from voting by such ConThe accused. Reverdy Johnson. applications it should lead them to adopt taken. jr. Edward Si'angler. so that they may plead to the John. for t'urther plea.scended its have been committed. on the ground that he did not recognize the The applications were granted.. because he says he is of our State. May 12.On says that the court has no jurisdiction in the were granted. and. or was intended for permission to introduce Walter S. with the whole bar of the State. through their counsel.. applied ity under which alone they were authorized for permission to introduce William E.sq. Washiscton.se the Convention traii. as his counsel. Samuel Arnold.sq. applied for thority. that is no And.son as counsel before the Commission. and that there was no The accused. approved July 2.J mlge Advocates. wliicli THE CONSPIKACT TRIAL..22 connficl. Johnson accordingly appeared as counsel for having first taken. 1802. Johnson as additional counsel for her. in common permission to introduce Thomas Ewing. Doster.. so far. frame a new Constitution for the State was The Commission met pursuant to adjourn. They had prescribed this oath. but was necessary in order to enable permission to introduce William E. David E. jiublished over the signature of says that loyal civil courts. IIkrolu. tlie were to be submitted to the then legal voters accused. to meet on Friday. . The accused. for permission to introduce the lion. liavin<. and Mes. exi. or to enforce tiie obligation of The accused then severally offered a plea loyalty to the Government of the United to the jurisdiction of the Commission as folStates. applied for stitution and laws.. Convention had no authority to impose. jr.ix. upon "the constituone of the accused. Reverdy Surratt. accordingly appearetl. The accused. and no moral secure the attendance of counsel. to that extent they had usurped the authorThe accused.lows timore. the oath prescrihed by act of The taking of the oath under such circumContrress. By that legislation." M. at 10 o'clock A." Mr. D. and that. Ewiiig.satislied it has.called under the authority of an act of the ment.injunction will be violated by such a course. Stone. the said The letter. and are in tion of the New Constitution of Maryland.'). It is indeed the only way in To allow further time for the accused to which they can protect them. The Convention called to Coi-KT-RooM. Surratt. referring to a printed letter. M. as his counsel. was not a craven submission to usurped auThe accused. Mr. Mary E. right to vote upon the New Constitution. heretofore tiled. and the aforesaid counsel. which applications were what the bar throughout the Union would granted. also the Jud'^e alone. and Messrs. and laws. Harris) objected to the admission of Mr. a nullity. counsel for the accused. as 1 am . Cox.. Aiken. is therefore void. law. argues no unwillingness to surrender their rights." And. The Convention thought that and Cliimpitt. mission adjourned. jurisdiction of the Commission. applied Edward Spangler. October 7. dated Bal. as his counsel. as a iL'th. (and with E.sel which applications The objection being then withdrawn. MicFi. and the aforesaid counsel accordingly have said if they had been consulted. and Samuel A. were granted. appeared. A. in open Court. their proceedings Advo'Jite. Atzerodt. approved July The accused. draw for the time their plea of " JXot Gnilti/. the proceeding was E. Sl'rratt. and I said. Lewis Payne.

in which all said offenses charged are triable. late President of the United States. for the reason that he believes his defense will be greatly preju. Seward. The Court was then cleared for deliberation. in full operation. and William H. and for an. are in the charges and specifications alleged to have been committed in the City of Washington.: : JURISDICTION OF THE COMMISSION. The accused then severally tion for severance as follows : made applica- one of the accused. Signed by counsel on behalf of accused. and all acts alleged to have been done in the formation and in the execution thereof. say that this Commission has jurisdiction in the premises to try and determine the matters in the Charge and Specification alleged and set forth against the said defendant. . Abraham of the Commission in this case. in full operation. Lincoln. because he says said alleged conspiracy. The accused then severally pleaded To the Specification ''Not Guilty. and on being re-opened. diced by a joint trial. HOLT. swer to the special plea by one of the defendpleaded to the jurisdiction . Signed on behalf of the accused by counsel. the Judge Advocate announced that the pleas of the accused had been overruled by the Commission." . late President of the United States. The Judge Advocate then presented the following replication Now come the United States. The Commission overruled the application for a severance. Secretary of State. so charged to have been a conspiracy far as to it is 23 murder ants. and William H. in which city are loyal civil courts. Seward. asks that he be tried separate from those who are charged jointly with him. And the said says tliis Coyrt has no jurisdiction in the matter of the crime of murdering Abraham Lincoln. for further plea. Secretary of State. J. in which city are loyal civil courts. because he says said crimes and acts done in execution thereof are in the charges and specifications alleged to have been committed in the City of Washington. in which said crimes are triable. Judge Advocate General." To the Charge ''Not Guilty. matter of the alleged conspiracy.

TESTIMONY RELATING TO THE GENERAL CONSPIRACY. Lacy. without regard to the cost Tucker at Montreal. "What did he say?" I told him tliat he said he was a Canadian. have remained there until about two weeks ago. daring I liave been in Canada since the assas men. Clay passed by the name of Hope. He added that he thought it would be a blessing to the people. Clay was away. at Niagara Falls. I visited Canada in the summer of 1864. since the summer of 1864." he added. he said. Mr. and. finishing hie conversation with Payne in an undertone. lie knew were bold. in Canada. and not let him know any thing about it if necessary. and made an appointment to meet him. the prisoner at the bar. "Wait for me. to have these men killed. KicHARD Montgomery. "That is so. also Tracy. one of which was Carson. and he added that he could at any time have the tyrant Lincoln. Witness for the Prosecution. Tiie men who had made the propo." by which I understood that I was not to question him further. I saw Jacob all — Tliompson in Montreal several times. I am a Canadian. Thompson's door. Clement C. I saw him again. Stanton. and then came back and bade nie good-by. but had determined to defer his answer until he had consulted with his Government at Richmond. we are devoted to our cause. in one of these conversations he said a proposition had been made to him to rid the world of the tyrant Lincoln. and he was then only waiting their approval. I saw him at the Falls in the summer of 1864. as he termed them. Clay who this man Payne was. he said he had his friends (Confederates) all over the Northern States. In about half an hour afterward 1 asked Mr. I had had an interview with Mr. W. and had some words with him. and ready to go any lengths to do any thing under the sun to serve our cause. and some others. Clay stopped me. excepting the time I have been going backward and forward. and that they would not consider it a crime when done for the cause of the Confederacy. I met Beverly would undertake. I told him. Cleary. I spoke to this man Payne. Thompson told me what he was able to do. "That is so. Professor Holcomb. and another was T. put out of his way. C. St. Mr. asking where he could see me in half an hour. would put him out of it. (2n . Beverly Tucker. Clay laugiied and said. and I understood from Mr. I have seen Lewis Payne. 1865. and held my hand. I commenced talking about some of the topics usually spoken of in conversation among these men. Jacob Thompson. at the Queens Hotel in Toronto. He said a great uc-ul sition. and his friends. Thompson. Sanders." In January of this year. Clay. I know George N. and. "we trust him. I repeated the conversation to He said he was in favor of the proposition. E. talking with Mr.of a confidential nature. He said. While Mr. Clay s laugh that their intercourse wae Mr. and was applied to those who wpre in the habit of visiting the States. He rather hesitated about telling nie who he was. he would have but to point out the man that he considered in his way. Thompson Catherines. and ho said. — May 12. at Toronto." The term "Canadian" was a common expression among the Confederates there. and any other of his advisers that he chose. in the summer of 1864. and Harrington. In a conversation 1 had with Jacob Thompson. who said. Clement C. who were ready and willing to go any lengths to serve the cause of the South. I will return. and on leaving the room I met this man Payne in the passage way. I have frequently met these persons. Grant. "0. Shortly after Mr. and able to execute any thing they sination. and at Montreal." He then went and spoke to some other gentleman who was entering Mr. Clay. and asked him wiio he was. passed by several other names. he is a Canadian.said. both North and South. A few days after. and when he left me for a moment he . Clay.

about the wrongs that the South had received at the hands of Mr. Lincohi, and that he deserved his death, and it was a pity he He said it did not meet with it long ago. was too bad that the boys had not been allowed to act when they wanted to. "The boys" was an expression applied to the Confederate soldiers and others in their employ,


stopping. I was intrusted with dispatches Irom these Confederates to take to Eichmond. I carried some to Gordonsville, with instructions to send them from there. I received a reply to these dispatches, which I carried back to Canada, bringing them


who engaged



and who were

to as-

Washington, and making them United States Government. I took no dispatches from the rebel Governthrough
to the

sassinate the President. ment to their agents in Canada without first 1 related a portion of the conversation I delivering them to the authorities at Washiiad had with Mr. Thompson to Mr. W. C. ington. Cleary, who is a sort of confidential secretary I received a dispatch at Gordonsville from to Mr. Thompson, and he told me that a gentleman who represented himself as Booth was one of the parties to whom being in the rebel State Department, and Thompson had reference; and he said, in re- sent by their Secretary of State. 'J'his disgard to the assassination, that it was too bad patch I delivered to Mr. Thompson in Octothat the whole work had not been done; by ber. Thompson, Clay, Cleary, and others which I understood him to mean that they represented themselves as being in the service intended to assassinate a greater number than of the Confederate Government. they succeeded in killing. Cleary remarked, I frequently heard the subject of raids upon when speaking of his regret that the whole our frontier, and tlie burning of cities, spoken work had not been done, "They had better of by Thompson, Clay, Cleary, Tucker, and

look out; we have not done yet." And lie added that they would never be conquered would never give up. Cleary said that Booth had been there, visiting Thompson, the last time was in December. He had also been there in the summer. Thompson told me that Cleary was posted upon all his affairs, and that if I sought him (Thompson) at any time, and he was away, I niight state my business to Mr. Cleary, and it would be all the same; that I could have perfect confidence in him, and that he was a very close-mouthed man. On my return to Canada, a few days after the assassination, I found that those parties supposed that they were suspected of the assassination. They expected to be indicted in Canada, for a violation of the neutrality law, a number of days before they were indicted, and they told me they were destroying a great many of their papers. Tucker and Cleary both told me they were destroying their papers. Tucker said, in an interview I had with him after my return, that it was too had they had not been allowed to act when they wanted to.

Sanders. Mr. Clement C. Clay was one of the prime movers in the matter before the raids were started. They received his direct indor.^ement. He represented himself to me twice in the winter; bethought as being a sort of representative of their War


Richmond. The men I have more especially Mr. Clay and Mr. Thompson, represented that they were

acting under the sanction of their Government, and as having full power to act with reference to that; that they had full power to do any thing that they deeemed expedient and for the benefit of their cause.



Canada when arrangements were
the City of

made to Canada




I left

Washington, two days before the attempt was made. It originated in Canada, and had the full sanction of these men.
to bring the


Before the


Albans' raid I




was not, however, aware of the precise point aimed at, but I informed the Government at Washington that these men were aboutsetting
out on a raid of that kind. I also informed the Government of the intended raids upon Bufi'alo and Rochester, and by that means prevented them. I heard Mr. Clay say, in speaking about the funds for paying these raids, that he always had plenty of money to pay for any thing that was worth paying for. I know that they had funds deposited in several different banks. They transacted considerable business with one which is, I think, called the Niagara District Bank; it was almost opposite to Mr. Clay's residence in St. Catherines. With respect to George N. Sander's position, Mr. Clay told me 1 had better not tell him all the things I was bent upon, nor all the things they intrusted to me; that he was a very good man to do their dirty work. Those were Mr. Clay's word.s. He said Sanders was associated witli men that they but that he was could not associat** with




papfr coutaining a secret cipher, found .imong J. Booth's elTi-cts, introduced in evidence, was here to the witness. ]

I am familiar with two of the secret ciphers used by the Confederates; this is one of them. 1 saw this cipher in 186-i, in Mr. Clay's house— the private house in which I was stopping at St. Catherines.

my stay in Canada I was in the of the United States Government, seeking to acquire information in regard to the plans and purposes of the rebels who were a.ssembled there. To do this most efiectually, I adopted the name of James rhompson and leading them to suppose this was my correct name, 1 adopted some other name at any hotel at which I might be





useful in that indeed.

—a very useful



Mr. Jacob Thompson spoke


assassination, in January of this year, he said he was in favor of the proposition that had been made to him to put the

President, Mr. Stanton, General Grant, and others out of the way; but had deferred giving his answer until he had consulted his Government at Richmond, and that he was I do not know, only waiting their approval. of my own knowledge, that he received an answer; my impression, from what Beverly Tucker saitl, was that he had received their answer and their approval, and that they had been detained waiting for that

'caped prisoners led by Lieutenant Bennett III. Young; of their attempts and failure to burn tlie town; and of their robbery of three banks there of the aggregate amount of about §200,000; of their arrest in Canada by United [States forces, their commitment, and the pendjing preliminary trial. There are twelve or fourteen of the twenty-five who have been arrested, and are now in prison at Montreal, where the trial for commitment for extradij


Cross-examined hy Mr. Aiken.

now progressing. A letter from Hon. N. Abbott, the leading counsel for the prisoners, dated Montreal, 2Sth October, says to me: "We (prisoners' counsel) all think it quite clear that the facts will not justify a commitment for extradition under the law as it stands, and we conceive the strength of our

J. J.


originally from

New York



received from the Confederate Government, for going to Gordonsville with those dispatches, equivalent to §150, in greenbacks. I reported that fact to the War Department at Washington, and applied it on my expense account as having been received from the United States Government. On my return from Gordonsville, I handed the original dispatches over to the authorities All those they selected to go ahead here. all those they did not, they I carried on

'Recalled for the Prosecution.

position to consist in the documents we hold, establishing the authority of the raiders from the Confederate States Government. But tliere is no doubt that this authority might be made more explicit than it is, in so far as regards the particular acts complained of, and 1 presume the Confederate Government will consider it to be their duty to recognize officially the acts of Lieutenant Young and his party, and will find means to convey such recognition to the prisoners here, in such a tbrm as can be proven before our courts. If this were accompanied or followed by a demand upon our Government that the pris-



FA paper was Advocate. ]



to the witness by the


I received from Clement C. on the evening of the 1st or 2d of Kovember, 1804. I saw Mr. Clay write a very considerable portion of it myself, and a part of the letter was written with my own prisoners." It was written in his house, in St. pen. 1 met Mr. Young at Halifax, on my way Catherines, Canada West, which, I believe, is here, in May last. He showed me letters on Park Street. I delivered a copy of that from men whom I know, by reputation, to be letter to the Hon. C. A. Dana, Secretary of true friends of States' rights, and therefore War, here in Washington. I was instructed of Southern independence, vouching for his to deliver the original to Mr. Benjamin, Sec- integrity as a man, his piety as a Christian, retary of State of the Confederate States, if 1 and his loyalty as a soldier of the South. could get to Richmond, and to tell him that After satisfying me that his heart was with us I was informed of the names that were to be in our struggle, and that he had suffered iminserted in the blanks in the original letter. prisonment for many months as a soldier of There are two or three such blanks left for the Confederate States army, from which he names, ^fhore was no signature to the letter, had escaped, he developed his plans for retalwhich was omitted principally for my safety, iating on the enemy some of the injurie.s and and also that, in the event of its being seized, outrages inflictc<l upon the South. I thought it could not be used as evidence against Mr. them feasible and fully warranted by the law Both of the.se reasons were given to of nations, and therefore recommended him Clay. me by Mr. Clay. Mr. Clay left Canada about and his plans to the Secretary of War. He the 1st of January. was sent back by the Secretary of War, with The oriiriniil of the following letter was then read and a commission as Second Lieutenant, to exeevidence: put in cute his plans and purposes, but to report to St. Cathebines, C. W., November 1, 18M. and my.-cli. We prevented his Hon. Hon. J. P. Benjamin, Secretary of State, Rich- achieving or atteirpting what I am sure he could have done, for reasons which may be mond, Virginia Finally, disapSir: You have doubtless learned, through lully explained hereafter. the press of the United States, of the raid on pointed in his original purpose and in all the projected, he proposed St. Albans, Vermont, by about twenty-rtve subsequent enterprises Confederate soldiers nearly all of them es- to return to the Confederate States, via Hali-

That paper

oners be set at liberty, I think a good etiect would be produced, although probably the application would not be received by the auThere will be at least a fortnight's thorities. time, and probably more, expended in the ex amination of witnesses; so that there will be plenty of time for any thing that maj' be thought advisable to be done in behalf of the



but passing through the New England and burning some towns, and robbing them of wliatever he could convert to the use This I apof the Confederate Government. proved as justifiable retaliation. He attempted to burn the town of St. Albans, Vermont, and would have succeeded but lor the failure of the chemical preparations with which he was armed. Believing the town was already tired in several places, and must be destroyed, lie then robbed the banks of all the funds he could find amounting to more than $200,000. That he was not prompted by selfish or mercenary motives, and that he did not intend to convert the funds taken to his own use, but to that of the Confederate States, I am as well satisfied as I am that he is an honest man, a true soldier, and patriot; and no one wlio knows him well will question bis title to this cliaracter. He assured me, before going on the raid, that his efforts would be to destroy towns and farm houses, not to plunder or rob; but he said if, after firing a town, he saw he could take funds from a bank, or any house, which might inflict injury on the enemy and benefit his own Government, he would do so. He added, most emphatically, that whatever he took should be turned over to the government or

Canadian pa-

by the like course of the United States in



cases, cited lately in the

can not now repeal, but which you can readily find. The refusal of extradition would have a salutary political influence, it is thought, both in the British Provinces and in England. I can not now explain why. I trust, therefore, for the sake not only of the brave soldiers who attempted this daring exploit, (which has caused a panic throughout the United States bordering on Canada, and the organization of forces to resist, as well as the arbitrary and tyrannous order of General Dix touching the coming Presidential election,) but, for the sake of our cause and country, that the President will assume the responsibility oftheactof Lieutenant Bennett H. Young, and that you will signify it in such form as will entitle it to admission as evidence in the pending trial. I send the special messenger who brings this, that your answer may be brought back by him within ten days or by 11th instant. The final judgment can and will be postponed lor the action of the Confederate States Government as long as possible certainly



for ten days.

inits representatives in foreign lands. etructions to him, oft repeated, were "to destroy whatever was valuable; not to stop to rob; but if, after firing a town, he could seize and carry off money, or treasury or bank notes, he might do so, upon condition that they were delivered to the proper auThat executing a plan for the capture of that vesthorities of the Confederate States." they were not delivered according to his sel and the rescue of the prisoners on Johnpromise and undertaking was owing, I am son's Lsland. He failed only because of the sure, to the failure of his chemical compound retttrn of the Captain (Carter) of the Michito fire the town, and to the capture of him- gan a day sooner than expected, and the beself and men on Canadian soil, where they trayal (in consequence of C.'s return) of the were surprised and overpowered by superior entire plot. The only plausible ground for numbers from the United States. On show- charging him with being a spy is that he ing me his commission and his instructions was in Sandusky, on Johnson's Island, and from Mr. Seddon which were, of course, in the Michigan frequently, without having vague and indefinite he said he was au- on his person the Confederate uniform, but thorized to do all the damage he could to the wearing the dress of a private citizen. Mr. and I have addressed a letter to the enemy in the- way of retaliation. If this be true, it seems to me the Confederate States commandant at Johnson's Island, protesting Government should not hesitate to avow his against his being treated as a spy for the act was fully authorized as warrantable re- following reasons: "That he was in tlie terIf the Government do not assume ritory of the United States as a prisoner taliation. the responsibility of this raid, I think Lieu- against his consent; that he escaped by tenant Y. and his men will be given up to changing his garb; that he had no Confedthe United States authorities. If so, I fear the erate uniform when he visited Sandusky, exasperated and alarmed people of Vermont Johnson's Island, and the Michigan; that he will exert cruel and summary vengeance did not visit them as an emissary from the upon them before they reach the prison at Confederate States; that whatever he conceived, he had not executed any thing; that St. Albans. The sympathies of nine-tenths of the Can- he had conveyed no information to his Govadians are with Young and his men; a ma- ernment, and did not contemplate conveying His jority of all the newspapers justify or excuse any information to the Government." I know not why, his act as merely retaliatory, and they desire trial has been postponed. only the authority of the Confederate States or to what time. His exchange should be proGovernment for it to refuse their extradition. posed, and notice given that any punishment The refusal of extradition is fully warranted inflicted on him will be retaliated upon an


myself of this opportunity to bring your notice the case of Captain Charles H. Cole, another escaped prisoner of General Forrest's command, who was taken about six weeks since in the Michigan, (the Federal war steamer on Lake Erie,) and is charged with an attempt at piracy, (for attempting to capture the vessel,) with being a spy, etc. The truth is, that he projected and came very near
I avail to


of equal rank.



a very brave




soldier and patriot, and deserves the protection of his Government.

and daring

the Prosecution.



wrote to you on the 14th of June; to the President, 25th July; and to you again on the I lllh August and 12th September last Mr. II. trust you received those letters. (who, I see, has gotten into the Confederate States) has doubtless explained things here. I have never received a line from you or any person, except my brother, at Richmond. I have not changed the views expressed in S.'i.NFORD COXOVER. my former communications. All that a large For the Prosecution. May 20. portion of the Northern people especially in I was born in New York, and educated the North-west want to resist the oppresSince October last, I have resided in sions of tlie despotism at Washington, is a there. leader. They are ripe for resistance, and it Montreal, Canada. Previous to that, I remay come soon after the Presidential election. sided a short time in Baltimore. Before that, At all events, it must come, if our armies are I was conscripted, from near Columbia, S. C, not overcome and destroyed or dispersed. into the rebel service, but was detailed as a No people of the Anglo-Saxon blood can clerk, and served as such in the rebel War long endure the usurpations and tyrannies Department at Richmond, for upward of six Democrats'are more hated by months. Mr. James A. Seddon was at that of Lincoln. Northern Republicans than Southern rebels, time the rebel Secretary of War. I "ran the and will be as much outraged and persecuted blockade' from Richmond, by walking mo.st They must yield to of the way. I rode on the cars to Hanover if Lincoln is re-elected. a cruel and disgraceful despotism or fight. Junction, and from there walked up through Siiickersville to Charlestown, Va., and from They feel it and know it. I do not see that I can achieve any thing there to Harper's Ferry, and so on. While in Canada, 1 was intimately acby remaining longer in this Province, and, unless instructed to stay, shall leave here by quainted with George N. Sanders, Jacob 20th instant lor Halifax, and take my chances Thompson, Clement C. Clay, Dr. Blackburn, If I am to stay Beverly Tucker, William C. Cleary, Lewis for running the blockade. till spring, I wish my wife to join me under Castleman, Rev. M. Cameron, Mr. Porterfield, Magruder, General Frost of MisI am afraid to Captain flag of truce, if possible. risk a winters residence in this latitude and souri, General Carroll of Tennessee, and a number of others of less note. Of the acclimate. The bearer and the cu.sed who visited these person.", I knew John I need not sign this. Booth person to whom it is addressed can identify Wilkes Booth and John H, Surratt. I saw but once. That was in the latter part me. But I see no reasons why your re.«ponse of October last. I think I saw him with should not be signed and sealed, so as to Sander.*, and also at Mr. Thompson s. I saw make it evidence, as suggested, in respect to him principally about the St. Lawrence Hall. A statement of pris- He was strutting about there, di-ssipating, the St. Albans' raid. oners' counsel has been sent by way of Hal- playing billiards, etc. Surratt I saw in Montreal somewhere iftix and Wilmington, but it may never reach you, or not in time for the deliverance of the about the 6th or 7th of April last, on several This is my chief reason for send- successive days. Surratt is a man of about prisoners. Please reply five feet, nine, ten, or eleven inches; a spare ing this by one 1 can trust. promptly, and start the messenger back as man, light complexioned, and light hair. I soon as possible. He will explain the char- saw him in Mr. ThomjisJon s room; and, from Send under a seal that the conver.-<ation, Surratt had just brought disacter of his mission. can not be broken without being discovered. patches from Richmond to Mr. Thompson, am respectfully, your most obedient to which their conversation rrferred. One I dispatch was from Mr. Benjamin, tlie rebel servant. N. B. See the Secretary of War (Mr. Sed- Secretary of State, and there was also a letter, I had 1 think in cipher, from Mr. Davis. don) touching Young's case. previously had some conversation with Mr. June 13. Hecalled for the Prosecution. Thompson on the subject of the plot to as-

acquainted with Clement C. Clay, jr., formerly of tiie United States Senate. 1 have had opportunities for becoming well acquainted witii his handwriting. I iiave examined the paper that has been testified to by Richard Montgomery, and from memory and comparison, I have no hesitation in pronouncing it the writing of Clement C. Clay.



from Mon- sassinate Mr. Lincoln and his Cabinet, and I between thirty- had been invited by Mr. Thompson to parThe train which ticipate in tlie enterpri.se. six and thirty-eight hours. On the occasion when Surratt brought the leaves Montreal at 3 oclock in the afternoon connect.^! with trains (or Washington, so that dispatches, Tliomp.soii laid his hand on them a person leaving at 3 o'clock on the aflernoon and said, " This makes the thing all right,"


time occupied to go by






of the 12th, would certainly reach Washing- referring to the assent of the rebel authoriMr. Lincoln, Mr. Johnson, the Scoreton before daylight on the morning of the I4th. ties.

tary of War, the Secretary of State, Judge Clmse, and General Grant were to be victims of this plot. Mr. Thompson said, on one of these occasions, tliat it would leave the Government That there was no entirely Avithout a head. provision in the Constitution of the United States by which, if these men were removed, Mr. they could elect another President. Welles (Secretary of the Navy) was also named; but Mr. Thompson said it was not worth while to kill him. My first interview with Mr. Thompson was at his room, in the St Lawrence Hall Hotel, Montreal, in the early part of February


make some I had called on him to inquiry about the intended raid on Ogdensburg, N. Y., which had failed because the United States Government had received intimation of the intentions of the rebels, and were prelast.

pared for it. Mr. Thompson said, "We will to drop it for a time, but we will catch them asleep yet." And he added, "There is a better opportunity, a better chance to immortalize yourself and save your country." I told him I was ready to do any thing to save the country, and asked what was to be He said, "Some of our boys are godone. ing to play a grand joke on Abe and Andy." This led to explanations, when he informed me it was to kill them, or rather "to remove them from office." He said it was only removing them from office; that the killing of a tyrant was no murder. Thompson had blank commissions, and he told me then, or subsequently, that he had conferred one on Booth; that he had been commissioned, and that everybody that engaged in the enterso that, if it prise would be commissioned succeeded or failed, if they escaped to Canada, they could not be successfully claimed under the Extradition Treaty. I know, of my own personal knowledge, that the commission conferred on Bennett H. Young, the St. Albans' raider, was a blank commission, filled up and conferred by Mr. Clay. The name attached to it, when it came into the hands of these men from Richmond, was that of James A. Seddon, I saw this commission, Secretary of War. and I was asked by Mr. Thompson as to the genuineness of Seddon's signature, having been a clerk in his department. I testified before Judge Smith, in the presence of Mr. Thompson, Sanders, Young, and Mr. Abbot, the counsel in the case, that the signature T am well acof Seddon was genuine. quainted with the handwriting of James A. Seddon, and know that the blank commission was in his handwriting. These commissions were left blank, except the signature of Seddon, the rebel Secretary of War; the names were filled up in Canada. These commissions were conferred at pleasure upon those who engaged in any enterprise, and it was understood to be a cover, so that in cafie they were detected they could claim



that they were rebel soldiers, and to be protected and treated as prisoners of war. Booth, I believe, was specially commissioned for the assassination project. The commission of Bennett H. Young was of this sort, and was filled up and conferred by Mr. Clay. On the day before, or the very day of the assassination, I had a conversation with Mr. Wm. C. Cleary, at the St. Lawrence Hotel, in Montreal. were speaking of the rejoicings in the States over the surrender of Lee and the capture of Richmond, etc, and Cleary remarked that they would put tlie laugh on the other side of their mouth in a day or two. The conspiracy was talked of at that time about as commonly as one would speak of the weather. Before this I had a conversation with George N. Sanders, who asked me if I knew Booth very well. He expressed some apprehension that Booth would make a fizzle of it; that he was dissipated and reckless, and he was afraid the whole thing would prove a failure. While in Canada I was a correspondent of the New York Tribune. I communicated to the New York Tribune the contemplated assassination of the President and the inThe assassinatended raid on Ogdensburg. tion plot they declined to publish, because they had been accused of publishing sensation stories. The plot of the assassination I communicated in March last, and also in February, I think; certainly before the 4th of March. I saw John H. Surratt in Montreal, about the 7th to the 9th of April, within four or five days of the assassination of the PresiFrom the whole of his conversation I dent. inferred that he was to take his part in the conspiracy on the President and his Cabinet, I do whatever that conspiracy might be. not remember that I heard any thing said about money or compensation, but it was always well understood that there was plenty of money where there was any thing to be done. At the time of this conversation I understood that John H. Surratt was just


from Richmond. In the conversation I had with Mr. Thompson in February, he said that killing He a tyrant in such a case was no murder. asked me if I had ever read the work entitled "Killing, no Murder," a letter addressed by Col. Titus to Oliver Cromwell. Mr. Hamlin was also to have been included had the scheme been carried out before the 4th of March. In the conversation in April, Mr. Hamlin was omitted, and Vice-President Johnson put in his place. There was a proposition before these parties to destroy the Croton Dam, by which the City of New York is supplied with water. It was supposed it would not only damage the manufactories, but distress the people generMr. Thompson remarked ally very much. that they would have plenty of fires, and



would soon be destroyed by a witiioiit sending any XeiuiedT or a!iyliO(]y else tliere; and, he added, if they liad thought of tliis scheme before, they might liave saved some necks. Tiiat was said a few weeks ago, when Mr.


That was early in February. It April, in Surratt's presence, that he referred to the dispatches that had been rewas

few days.

ceived from Richmond, part of which were in cipher, as having furnished the assent.

Thompson, Sanders, Castleman, Gen.
and myself were


Hecalled for the Prosecution.

— May







referred in

I heard a great deal of talk about the my previous testimony, is the same that attempted descent upon Chicago last year; packed a number of trunks with infected that they had some eight hundred men con- clothing, for the purpose of introducing pes-

object, as stated by tilence into the States. I have seen him others, was the release of a.ssociating with Jacoi) Thompson, (Jeorge N. Sanders, his son, Lewis Sanders, Ex-(Jov. the rebel prisoners at Camp Douglas. Westcott of Florida, Lewis Castleman, WilCross-examined hi/ Mr. Doster. liam C. Cleary, Mr. Porterfield, Capt. MagruI do not think I ever saw either of the der, and a number of rebels of less note. Dr. prisoners, Atzerodt or Payne, in Canada. Blackburn was there known and represented himself as an agent of the so-called ConfedCross-examined by Mr. Aikex. erate Government, just as Jacob Thompson I left Richmond to go North in December, was an agent. In June last, I knew of Dr. I8G.3. I afterward, while in Washington, Blackburn's trying to employ Mr. John




Thompson and

became a correspondent of the New York Cameron, who lived in Montreal, to accomTribune, and in October of last year I went pany him to Bermuda, for the purpose of to Canada in that capacity. I received com- taking charge of goods infected with yellow pensation for my services as correspondent to fever to bring to the cities of New York, the Tribune, but have never received any pay Philadelphia, and, I understood, Washington. from the Government, nor the promise of Cameron declined to go, being fearful of any, nor have I ever received any pay from taking the yellow fever and dying himself. the Confederate Government. The parties in Compensation the amount of several to Canada did not know that I corresponded thousand dollars, he tojd me, had been ofwith the Tribune. I was freely admitted to fered him, whifili I understood was to be their meetings and enjoyed their confidence. paid by Dr. Blackburn, or by other rebel My rea.«on for communicating the intended agents. Mr. Jacob Thompson, T understood, assassination to the Tribune, and not directly was the moneyed agent: the others drew on to the Government, was that I supposed that him for what money they required. There the relations between the editor and propri- were otlier parties in Montreal that Dr. etor of the Tribune and the Government were Blackburn employed, or endeavored to emsuch, that t-liey would lose no time in giving ploy, whom I knew by sight, but do not rethem information on the subject. In regard member their names. There were two medto the conspiracy, as well as to some other ical studentjj. I heard Blackburn say that secrets of the rebels in Canada, I requested he went from Montreal to Bermuda, or some Mr. Gay of the Tribune to give information of the West India Islands, about a year ago to the Government, and I believe he has for- last June, for tiie express purpose of attendmerly done so. ing cases of yellow fever, and collecting inI met John H. Surratt in Mr. Thompson's fected clothing, and forwarding it to New room, and once in Mr. Sander's room. I York, but for some reason the .scheme failed. spoke to Surratt, asking him what changes C>n one occasion, I remember, Jacob Thompthere were in Richmond, and how the place son, Mr. Cleary, and, I think, Lewis Sanders, looked. While in Canada I went by the were present when Dr. Blackburn spoke of name of James Wat.son Wallace. his enterprise. They all favored it, and were I heard the burning of the City of New all very much interested in it. York di.><cussed by these parties, but I knew It was proposed to destroy the Croton Dam no particulars until after the attempt had at New York. Dr. Blackburn proposed to been made. I never heard the name of Mary poison the reservoirs, and made a calculaE. Surratt mentioned in any one of these tion of the amount of poisonous matter it conferences. would require to impregnate the water so far as to render an ordinary draught poisonCross-examined by Mr. Cox. ous and deadly. He had taken the capacity In February, I think it was, I heard the of the reservoirs, and the amount of water project of capturing the President and carry- that was generally kept in them. Strychnine, ing him off to Richmond talked of When arsenic, prussic acid, and a number of others Mr. Thompson first suggeste<l that T should were spoken of as the poisons which he proparticipate in the attempted assassination, I posed to use, Blackburn regarded the asked if it would meet with the approbation scheme as feasible; Mr. Thompson, howof the Government at Richmond; he said he ever, feared it would be impossible to collect thought it would, but he would know in a 60 large a quantity of poisonous matter

without exciting suspicion, and leading to the detection of the parties. Wliether the scheme has been entirely abandoned or not, I do not know; but so far as the blowing up of the dam is concerned it has not been. Jacob Thompson fully approbated the enterprise, and discussed it freely, together with Mr. Lewis Sanders, Mr. Cleary, and Mr. M. A. Fallen of Mississippi, who had been a surThe matter was geon in the rebel army. discussed in June last, and I have heard it When Mi*. Thompson spoken of since.


Booth, whom I saw on one occasion in conversation with Sanders and Thompson, went by the nick-name of " Pet." I so heard him called by Mr. Thompson, I think; by
Cleary, I



and .by



the suggestion that the collection of so large an amount of poison might attract attention to the oj^eration, Mr. Fallen and others

could be managed in Europe. a physician. Among others that I knew in Toronto was Dr. Stuart Robinson, a Doctor of Diviiiity, a refugee from Kentucky, where he had been editor of a journal, called the True Fresby-




He was present when some of these schemes were being discussed. I remember he approved of the poisoning of the Croton water. He said any thing under heaven, tliat Recalled for the Prosecution. June 27. could be done would be justifiable under [The read hy Advocate the circumstances. He is regarded as one of volume following wasMontreal,the Judge Lovell, St.from a published in by John Nichthe most intense of all the traitors who have olas Street, lSt;5, entitled " Thr; St. Albans Raid; or, InvestiRation into the ('harges against Lieutenant Bennett believe, II. Young and Command for their Acts at St. Albans, Yt., taken refuge in Canada; he is, I related to the Breckinridges of Kentucky. on the 19th of October, 181)4," at page 212: Dr. Robinson appeared to be on intimate James Watson Wallace, of Virginia, on his terms with Jacob Thompson and Dr. Black- oath, saith I am a native of Virginia, one of

of New York City was recognized among these parties as having been performed by the authority of the rebel Government, and was by the direction of Mr. Thompson. I so learned from Mr. Thompson, or at least from conversation in Lis presence. Thompson said Kennedy deserved to be hanged, and he was devilish glad he had been, because he was a stupid fellow, and a bungler, and had managed things badly. I have always, in my convictions and feelings, been loyal to the Government of the United States, and escaped from the rebel service the first moment I had opportunity. I know, of my own personal knowledge, that Jefferson Davis was the head of the so-called Confederate States, and was called its President, and acted as sucli, controlling its armies and civil administration.





in Canada three or assassination of the Fresident. I saw him in the street with a Mr. Porterfield. I learned immediately after that Surratt was 8usi»ected; that otKcers were on his track; and that he had decamped. Mr. Forterfield is a Southern gentleman, now a British subject, having been made so, I believe, by a special act of the Canadian Parliament. He has been for some time a broker or banker there. He is the agent who took charge of the St. Albans plunder for the Ontario bank, when prematurely given up by Judge Coursol. Fortertreld is on very intimate terms with Thompson and Sanders. When Mr. Thompson received the dispatches from Richmond in April assenting to the assassination, there were present Mr. Surratt, General Carroll of Tennessee, I think Mr. Castleman, and I believe there were one or two others in the room, sitting farther back. General Carroll participated in the conversation, and expressed himself as more anxious that Mr. Johnson should be killed than anybody else. He said that if the damned prick-louse were not killed by somebody, he would kill him himself His expression was a word of contempt for a tailor, BO I have always understood. At this interview it was distinctly said that the enterprise of assassinating tlie President was fully confirmed by the rebel authorities at Rich-


saw John H. Surratt



the Confederate States. I resided in Jefferson, in the said State. I left that State in OcI know James A. Seddon was Secretary tober. of War last year. Being shown and having examined the papers M, N, and 0, I say that, from my knowledge of his handwriting, the signatures to said papers are the genuine signatures of the said James A. Seddon. I have seen him upon several occasions write and sign his name. He has signed documents, and afterward handed them to me, in my presence. I never was in the Confederate army. I was commissioned as Major to raise a battalion. I have seen a number of the commissions issued by the Confederate Government, and the commission of Lieutenant Young, marked " M," is in the usual form of all commissions issued in the army, which are always signed by the Secretary of War. I never served I was incapacitated by an accident, and being then kidnapped by the Northerners.

I was in Richmond in September last. I then visited the War Department. It waa then notorious that the war was to be carried into New England in the same way that the

Northerners had done


in Virginia, I

until I


in Virginia. When I lived in own house, burned out, and family were

my my

turned out by the Northern soldiers. The counsel for the United States object to the whole of this evidence as illegal,

and foreign

to the issue,

and conse-


quentlv decline to cross-examine. [Signed] J. WALLACE.




The witncM proceeded :]

That contains my testimony in that case, and a groat deal more that 1 did not give. It is compounded of the testimony of myself and of a James Wallace, who also was examined in that case. There was also a William Pope Wallace, who gave testimony in that case, and I do not know but a fourth Wallace. The testimony of James Wallace is included in that of James Watson Wallace, the name under which I was there known. The testimony I gave on that occasion was correctly reported in the Witness;
Montreal Transcript. In I think the Gazette, and I think in the Telegraph, the report was the same as appears in that book, which was, I believe, printed from type eet up in the Telegraph office.
also in the
[Thf following, cut from a nowspap<'r, was then read by the Judge Advocate, and afterward offered in evidence: ]




James Watson Wallace, sworn I reside have been here since at present in this city last October; formerly resided in the Con1 know .James A. Seddon federate Slates. he occupied the position of Secretary of War.


papers M, I have on several occasions seen the signature of James A. Seddon, and have seen him on several occasions sign his name; he has signed docuI

should say the signatures

to the

N, 0, are those of the said Seddon.

presence, and handed them to me after signing. I never belonged to the Confederate army, hut have seen many commissions issued by the Confederate Govern-




ment. The commission of Lieutenant Young, marked M, is in the usual form. The army

commissions are always signed by the SecreI have never seen a commis- fied. tary of War. They insisted that it was so, and that sion with the signature of the President or they would not be satisfied unless I would with the seal of the Government. The Con- give them a letter stating that I had not tesknew that it was only by doing federate States, at the time I left the country, tified. I had no seal; one had been devised, but had something of that kind that I could get away from them. It was then arranged that not been prepared. The witness continued I should go down to my hotel, and it was That paragraph appeared in either the my intention, if I got out of their hands, to Witness or the Transcript, from one of which leave the place at once. When we got oppapers it is cut, and was published immedi- posite the St. Lawrence Hall they said, "We O'Donnel had a room at ately after the trial, and correctly reports will go up here." Just as I liad enthe St. Lawrence Hall. the testimony I gave on that occasion. After giving my testimony here on the tered his room, Beverly Tucker came in and 20th and '22d of May, I left this city and re- said that a mere letter would not be suffiturned to Canada, under instructions from cient; that, having testified before the ComJudge Holt to procure a certified copy of the mission utnler oath, I must make an affidaevidence before the Court in the St. Albans vit under oath, to make my denial equally

Beverly Tucker made the remark, after dinner I dined with them that that scoundrel Stanton, and that blood-thirsty villain Holt, might protect themselves as long as they remained in office, and could protect themselves by a guard, but tiiat would nut always be the case, and, by the Eternal, he had a large account to settle with them. Sanders never made such vehement threats as I have heard Tucker and others make. Cleary threatened the officers of the Government for the execution of Beall. He said that Beall would have been pardoned if it had not been for Judge Holt; but, hesaid, "blood shall follow blood;" and added, "We have not done with them yet." He boasted of it, and reminded me, just after the killing of President Lincoln, of what he had said on a former occasion; namely, that retributive justice would come. He considered the killing of the President as an act of retributive justice. I had been in Canada at 7ny last visit but a short time when the parties of whom I have testified knew of my presence. 1 was not then aware that my testimony had been published, or I should not have gone there. While sitting in a saloon, one of the Canadian rebels came in, and, discovering my presence, immediately reported it to the rest; then there came in more than a dozen Sanders, Tucker, Carroll, and O'Donnel, the man who boasted of setting fire to houses and others. They at once in New York, accused me of betraying their secrets in becoming a witness before this Commission. Not knowing at the time that my testimony had been published, I denied having testi-


I case. his son,

met Beverly Tucker, G. N. Sanders,

Lewis Sanders, General Carroll of Tennessee, M. A. Pallcn of Mississippi, ExGovernor Westcott of Florida, and a number I had conversations with them, of others. especially with Beverly Tucker and G. N.

This, at first, I docline<l to do, when a dozen of them assailed me in the most furistrong.

Sanders, in reference to events here in ington, connected with the assassination, and At that time they the trial of the assassins. had not the slightest suspicion that I had been a witness before this Commission. They therefore re(;eived me with great cordiality, and the subject of the trial was very freely discussed.

ous manner, and O'Donml, drawing from his pocket a pistol, said if I would not consent. I still deI could not leave that room alive. clined for a time, when Sanders said to me, Wash- "Wallace, you see what kind of hands you


to refuse."

hope you will not be foolisli enough It was under these circumstances




defended the St. Albans raidprepare the statement, when we adjourned to the room of Ex-Governor

Mr. Kerr,


was sent

for to

Jacob Thomj> son. I have no hesitation in stating that the evidence of the said Sanford Conover personating me is false. being duly sworn upon the Holy Evangelists. I arrived in Montreal in the month of October last past. Kerr had no knowledge of the menaces under which I signed the paper. Please publish my affidavit now handed you. and unfounded in fact. I then again declined giving my Weetcott. A. ] THE StJPPEESSED TESTIMONY. J.THE SUPPKESSED TESTIMONY. which evidence appears on page 212 of the printed report of I am a native of the county the said case. I testified before Judge that the signature was genuine. the city and district of Montreal. I resided during a portion of last winter and spring in houses in Craig Street and Monique Street. I have seen and examined the report of what is called the suppressed evidence before the Court-martial now being holden at Washington City on Mistress Surratt. and assured me I must take the consequences if I would not do as they desired me. June 8. Beverly Tucker. of Loudon. I did so When Kerr absolutely false. doth depose and say I am the same James Watson Wallace who gave evidence on the subject of the St. untrue. ^0 the Editor of the Evening Telegraph: [ Sworn ] to before me. Kerr. State to the Court whether you are acquainted and familiar with the handwriting 3 . brought the paper for me to without any remark. WATSON From the Montreal Evening Telegraph. and gave evidence in the St. and afterward in the New York World. Albans raid. St. on the first two days of the proceedings. that I never gave any testimony whatsoever before the said Court-martial at Washington City that I never had knowledge of John Wilkes Booth.must seem that I did it willingly. is a copy of the paper I signed. . Alfred Perry. 1865. Sanford Conover davits v. as published in the New York papers: Q. this eighth day of June. Pallen. Albans raid investigation that the said Sanford Conover evidently personated me before the said Courtmartial. Sanders. of Montreal.vda. and. paid little or no attention to it. . and the advertisement subjoined. The following. — — the facts that while in Montreal he went by the name of James Watson Wallace. I have made this deposition voluntarily and in justice to my own character and name. I. after the murder of President Lincoln that I never was a correspondent of the New York Tribune that I never went under the name of Sanford Conover. although the statements in the body of the paper are sign. and again pistols were held to my head by one of Morgan's guerrillas. at Montreal. oath to any statement. and I have looked carefully through the report of the evidence in the New York papers of a person calling himself Sanford Conover. G. J. [ The paper was put in evidence. and others. [Signed] . and that I must not manifest any unwillingness to sign it before Kerr. June 10. Conover who swore as stated. I did. Wallace A^Five Hundred — — Dollars Reward offered for the Arrest of What Thompson said about a Conover Proposition to Destroy Waterworks in Northern Cities Interesting Depositions. WALLACE. if I did. that I never had any confidential communication with George N. Montreal. I do not know his name. Q. James Watson Wallace gave the above depJohnson will send me a safe conduct to go osition. State whether you did testify on the question of the genuineness of that signature of Seddon ? A. it . District op Montreal. Montreal. In what court? A. The affidavit was read to me in Westcott's room I. Payne. accompanying Mr. 1865. 33 of Montreal. however. except seeing him upon the stage. in the city : James Watson Wallace. of the real Wallace James W. and went through the ceremony of taking an oath. Dr. Hon. WALLACE. awid I further declare he is the same ceed thither and go before' the Military Court individual who gave evidence before the and make profert of myself. that in order to make my deposition of any value. M. and did not know he was in Montreal until I saw it published. June ALFEED PERRY ' 9. who deposed to follow me to hell. do hereby I will obtain and furnish others for publicacertify that I was present when the said I will add that if President tion hereafter. Extract from suppressed testimony given at Washington before the Military sion by Sanford Conover. Q. I will prowill. Albans raiders. in fine. counselor at law. and that he gave it of his own free to Washington and return here. and is from beginning to end a tissue of falsehoods. General Can-oil of Tennessee. P. but I know him well as a rebel soldier. of CommisWatson Wallace. Beverly Tucker said. O'Donnel also presented his pistol at me. . which appeared in the Montreal Telegraph. alias J. Province of Can. JAMES W. and I there signed it. They also brought some other man in. in the Commonwealth of "Virginia. before Kerr came. or any of the others therein mentioned that my acquaintance with every one of these gentleman was slight. they said they would . . in order that they Smith in the case of the may see whether or not I am the Sanford Honorable Justice Sir: SMITH.

It was his genuine signature. that the said James tors together. the rebel Secretary of question. Gen. under the name of rebel conspirators. Conover gave here in Washington evicUince which has since been published as before the Commission. nothing. through the interposition of said James Watson Wallace while the said Major-General Dix. June 27. Seddon. Conover was first going to his hotel to which. Sanders. signed. H. they made up their minds they would James Watson Wallace were reduced to writ. Cameron Commission or Court-martial* now and for gave each of us a paper containing the eviBome time past assembled in Washington. tliat this deponent was present but when they got as far as St Lawrence while the statements and denials of the said Hall. and was prepared at law. advocate. the person named paper. James Watson Wallace. that this deponent has freI reside in New York.at an interview which he had with Beverly lace denied that he. Q. of falsehoods. before the 3Iilitary O'Donnel's room. — . No. and hath A. district of Montreal. Watson Wallace then and there declared O'Donnel. Disibict of Monikeal. among them. in Canada. investigation was going on. Smith. nor were any menthe Court. and was present in the said city of Montreal present while the said James Watson Wal. late of Virginia. they Jamee Watson Wallace. attempted to detain me in Canada. I know never heard of such a person. that he made the said affidavit voluntarily. city of Montreal. the said James Watson Wal. S. What name did you go there by? Sworn before me at Montreal. whether WILLIAM Of Alfred Perry. from beginning to end. esquire. SMITH. Yes. twelve or fifteen of the conspirajustices of the peace. that this deponent yes.not let him do this himself. in Canada. and has acted as the witlT Sanford Conover.34 of THE CONSPIRACY TRIAL. at Montreal. was a tissue write the paper. the counsel engaged for the defense in the I can not say positively that those parties affair of the investigation before the Hon. State to here. Pallen.character for integrity and usefulness is good. and when they ing in his presence. the said James Watson Tucker. Samuel Conover? and further this deponent saith not. J. but now and for the last seven months That paper and its preparation is part of resident in the city of Montreal. case. that he was him to Montreal. and examined the Government.' C.make the said affidavit. gave. iTlio witneBs continued:] Q. Carroll. of the city and Military Commission at Washington. before G. sir. when he denied it. deposed to a tissue of falsehoods before the William Hastings Kerr. day of June. James Watson Wallace. Tucker. son hud personated him. duly sworn. he would not O'Donnel said that he lace. and Pbovin-ce or Canada. this deponent. one of her Majesty's I think. and to use all means ture or not? in his power to discover the person who had A. George N. published by John Lovell. KERR. Watson Wallace. Did you go to Canada by the name of Wallace. but he seemed to be anxious to commiBsion you saw was his genuine signa. Mr. and that clique After we went into Wallace. and am acquainted quently seen the said James Watson Wallace on private business. the same James would shoot him like a dog if lie did not. the infamous and was put in evidence:] perjured scoundrel who recently personated me under the name of Sanford Conover. so personated him. and sworn to by him would not allow me to go up. tlie said James Watson Q. at first they agreed to this. counselor the action referred to. at the St Lawrence Hall. so that I can bring to [The Judge Advocate here read the following. his adviser in Montreal. which punishment. in the Five hundred dollars reward will bo given for the arrest. of the said For the Prosecution. that know that I was rescued by the United States he was present in Court. War? A. doth depose and swear that he [The witness continued:] knows James Watson Wallace.. and signed by the said went upstairs. I only Judge Smith into the St Albans raid. being W. a report of whose testimony appears at page 12 of the printed Nathan Auser. and obliging him to ouapicioD of being the Sanford Conover in do what they required. dence Mr. I recently accompanied terday saw the said James Watson Wallace as far as I know. of Sanford Conover.to that effect. Sanders. who has just testified. the suppressed evidence in the New York They told him he must sign a written paper papers he. and if he did not. And this deponent saith that no force or violence was used to\rard the said sir. Esq. WALLACE. eighteen hundred and sixtv-five. I JAS. said James Watson Wallace's professional I have known him eight or ten years. was the person who. upon your oath aces or threats made use of toward him by the signature to the blank any one. James A. before the Military Commission. that he. was one of under the threat to which I have testified.leave the room alive. and Cameron. JAMES — . this ninth A. They all accompanied him for the purpose and in order to clear himself from any of preventing his escape. and had given testimony Mr. then and there declaring that some per. There were.

James B. Merritt.




Prosecution. — May


Canada, while my parents were on a visit there from their iiome, Oneida I am a physician, and county, New York. have resided for about a year in Canada; part of the time at Windsor, and part at North Dumfries, Waterloo county. In October or November last, I met at Toronto, George Young, formerly of Morgan's command a man named Ford, also from Kentucky and another named Graves, from Louisville. Young asked me if I had seen Colonel Steele before leaving Windsor. Steele was a rebel, and I understood had He asked me if been in the rebel service. Colonel Steele had said any thing to me in re-

was born

were the names of George Harper, Charles Caldwell, one Randall, and Hanison, by which name Surratt was known, and whom 1 saw in Toronto. Another person, I think, spoken of by Sanders, was one they called " Plug Tobacco," or Port Tobacco. I think I saw the prisoner, D. E. Herold, in Canada. Sanders said that Booth was heart

and soul

in this project of assassination,




lation to the Presidential election.

I told


he had not; he then said, "We have something on the tapis of much more importance than any raids we have made or can make." He said it was determined that Old Abe ehould never be inaugurated; that, I believe,

was his expression. friends in Washington,

They had
he said

plenty of and, speak-

ing of Mr. Lincoln, he called him a "damned I was afterward introduced to old tyrant." George N. Sanders by Colonel Steele. I asked Steele what was going to be done, or how he liked the prospects of the Presidential election, and he replied, "The damned old tyrant never will serve another term if he is elected." Mr. Sanders then said he (Lincoln) "would keep himself mighty Close, if he did serve another term." About the middle of February, a meeting of rebels was held in Montreal, to which I was invited by Captain Scott. I should think there were ten or fifteen persons present; among them were Sanders, Colonel Steele, Captain Scott, George Young, Byron Hill, Caldwell, At that Ford, Kirk, Benedict, and myself meeting a letter was read by Sanders, which he said lie had received from " the President of our Confederacy," meaning Jefferson Davie, the substance of which was that if the people in Canada and the Southerners in the States were willing to submit to be governed by such a tyrant as Lincoln, he did not wish to recognize them as friends or associates; and he expressed his approbation of whatever measures they might take to accomplish The letter was read openly in this object. the meeting by Sanders, after which it was handed to those present, and read by them, Colonel Steele, Young, one after another. and Hill, and I think Captain Scott, read it. I did not hear any objection raised. At that meeting Sanders named a number of persons who were ready and willing, as he said, to engage in the undertaking to remove the President, Vice-President, the Caband inet, and some of the leading Generals that there was any amount of money to accomplish the purpose, meaning the assasBooth's name was mentioned, ae eination.

as any person could feel, for the reason that he was a cousin to Beall that was hung in New York. He said that if they could dispose of Mr. Lincoln, it would be an easy matter to dispose of Mr. Johnson; he was such a drunken sot, it would be an easy matter to dispose of him in some of his drunken revelries. When -Sanders read the letter, he also spoke of Mr. Seward. I inferred that it was partially the language of the letter. It was, I think, that if the President, Vice-President, and Cabinet, or Mr. Seward could be disposed of, it would be satisfying the people of the North; that they (the Southerners) had friends in the North, and that peace could be obtained on better terms than could be otherwise obtained that they (the rebels) had endeavored to bring about the war between the United States and England, and that Mr. Seward, through his energy and sagacity, had This was sugthwarted all their efforts. gested as one of the reasons for removing him. On the evening of Wednesday, the 5th of April last, I was in Toronto, and when on my way to the theater, I met Harper and Ford. They asked me to go with them and spend the evening; I declined, as I was going The next morning I was to the theater. around bv the Queen's Hotel, where I saw Harper, Caldwell, Kandall, Charles Holt, Harper said and a man called "Texas." they were going to the States, and were going to kick up the damnedest row that had An hour or two afterever been heard of




met Harper, and he


if 1


not liear of the death of Old Abe, and of the Vice-President, and ol' General Dix, in less than ten days, I might put him down as a damned fool. This was the 6th of April. Booth, I think, was mentioned as being in Washington. They said they had plenty of friends in Washington, and that there were some fifteen or twenty going there. On Saturday, the 8th of April', I was at Gait, five miles from which place Harper's mother lives, and I ascertained there that Harper and Caldwell had stopped there and had started for the States. When I found that they had left for Washington, probably for the purpose of assassinating the President, I went to Squire Davidson, a justice of the peace, to give inHe said formation and have them stopped. that the thing was too ridiculously or supremely absurd to take any notice of; it would only appear foolish to give such inform-


and cause arrests to be made on such tragedy in this city, or with any otlier plots yet in preparation. The bearer is directed to it was so inconsistent that no person would believe it, and he declined to issue any pay all expenses connected with your trip. I am, very respectfully, [process. Your obedient servant, on Friday after the I was in Gait again JAMES B. FRY, assassination, and I found from Mr. Ford Provost Marshal General. that Harper had been home on the day before, an<l liad started to go back to the States


Cross-examined by

Mr. Stoxe.

called Harrison I saw in Canada two or three times: I saw him once in a saloon, about the 15th or 20th of February; he was pointed out to me by Mr. Brown, I think, and I noticed him more particularly on acto the States to inake raids, as I understood; count of his name having been mentioned, in and, referring to the letter, he asked me to connection with others, at the meeting in Montreal. contribute.

one Colonel Aehly, a rebel sympathizer, and a broker at Windsor, handed me a letter which he had received from Jacob Thompson, asking him for funds to enable rebels to pay their expenses in going
last fall,

\Some time

The man

In February last I had a conversation with Mr. Clement C. Clay in Toronto. I spoke to him about the letter from Mr. Jefferson Davis that Sanders had exhibited in Montreal; he seemed to understand the nature and characI asked him what ter of the letter perfectly. he thought about it. He said he thought the end would justify the means; that was his
expression. . Surratt was once pointed out to me, in February, in Toronto; he was pointed out to me by Scott, I think, while he and Ford and myself were standing on the sidewalk. I saw Booth in Canada two or three times; I sat at the table with him once at the St. Lawrence; Sanders, Scott, and Steele were at the same table. Sanders conversed with Booth, and we all drank wine at Mr. Sanders's expense. I have seen Booth a good many times on the stage, and know him very well

Cross-examined by

Mr. Aiken.

was on confidential terms with tlie rebels in Canada because I represented myself as a good Southerner. The letter from Jefferson Davis, which was read by Mr. Sanders, was read to the meeting some time in February, and on the 1 0th of April I went to
the justice of the peace; he refused to accede to my request. I then called upon the Judge of the Court of A.ssizes made my statement to him, and he said I should have to go to the grand jury. I first communicated this information to the Government, I think, two weeks ago to-day, since the assassination of the President, though I understood the Government was in possession of the information before I communicated it

I saw Surratt in Toronto about the 20th of last February he was pointed out to me on the street, and pas.«ed down by me. Ford, who was with me, and who was present at the meeting held in Montreal, said, "Doctor, that is Surratt." He is a man five feet, six, seven, or eight inches, slim, and wore a dark moustache, and was dressed in ordinary



[Tho witness, being here shown a photogrupli,
as that of J. Willies Booth.

received a letter from General James B. Fry, the Provost Marshal General, stating that he had received a letter written by Squire Davidson, giving information of my visit to


for the purpose of having Harper and clothes, like any gentleman would be, I think Caldwell arrested. of a dark color. I am not positive that it read, and put In evi- was Surratt, because I do not know the man. [ The following letter was then dence ] I knew of the project to burn the City of War DErARTMENT, New York. I heard it talked of in Windsor, Provost Marshal (Jeneral's Bureau, '} Washington, D. C, April 2(t, I.SliS. and communicated the information to Colonel Dr. J. B. Merritt, Ayr, Canada West Hill, of Detroit, before the attempt was made. Sir: I have been informed that you pos- It was communicated to me by Robert Drake, sess information connected with a plot to and a man named Smith, botli formerly of assassinate the President of the United States Morgan's command. They both had been and other prominent men of this Government. to Chicago to attend the Presidential ConvenThe bearer has been sent to present this let- tion there. They told me, after their return, ter to you, and to accompany you to this that they went there for the purpose of reThe Secretary of War leasing the rebel prisoners at Camp Douglas. city, if you will come. authorizes me to pledge you protection and I continued my intimacy with these rebel security, and to pay all expenses connected sympathizers for the purpose of giving informwith your journey both ways, and in addition ation, when I should find it of importance. to promi.se a suitable reward if reliable and Nine-tenths of the people in Canada are rank useful information is furnished. Independent rebel sympathizers, and my practice was of these considerations, it is hoped that the mostly among Southerners. I have never recause of humanity and justice will induce ceived a dollar from the Government for furyou to act promptly in divulging any thing nishing any information from Canada, nor you may know connected with the recent have 1 ever received any thing from the rebels

for services


rendered tliem. I have proof in the opposite shore, apparently surreptitiously, pocket from the Provost Marshal at De- and trying to avoid detection. A little tiig troit, that I furnished valuable information was sent out from the navy to pick it up. without any remuneration. When they got to it, they found a little white flag sticking out of the stern of the row-boat, Recalled for the Prosecution. Jmie '21. and Jacob Thompson in it. The}' brought On Friday, the 2d of June, I was in Mon- him to Admiral Porter's flag-ship, and I was At the St. Lawrence Hall I saw sent for to meet him. I do not recollect the treal. I introduced myself to ostensible business he had. General Carroll. There seemed him as Dr. Merrill of Memphis. There was to be nothing at all important in the visit, a large family of Merrills residing there, who but he pretended to be under a flag of truce, were physicians. He expres.sed considerable and he had therefore to be allowed to go back gratitication at seeing me, and he introduced again. That was in January or February me to Governor Westcott, and we conversed of '63; and it was the first flag of truce we in reference to this trial. These men were had through. He professed to be in the not aware that I had testified before this military service of ihe rebels, and said that Commission. My testimony was not pub- he had been oflTered a commission anything lished there until Tuesday, the 6th of June. that he wanted; but, knowing that he was Mr. Beverly Tucker said, in that conversation, not a military man, he preferred having somethat they had friends in Court, and were per- thing more like a civil appointment, and he fectly posted as to every thing that was going had therefore taken the place of Inspectoron at this trial. Tucker said they had burned General, with the rank of Lieutenant-Colonel, all the papers they had received from Rich- in the rebel service. mond, for fear some Yankee would break into The military department of Washington their room and steal them, and use them embraces all the defenses of the city on both against them in this trial. In that interview, sides of the river. I should state that Governor Westcott ex[The commission of Lieutenant-General Grant, dated pressed no disloyal sentiments, and took no March 4, 18(Jl, accompanied by Gteneral Orders No. 98, waJJ


part in the conversation.

here offered in evidence.]




Cross-examination by Mr. Aiken.

the Prosecution.


a native of England, and was an enlisted man in the service of the United States, from the r2th of June, 1861, to the 12th of


ent C.



have resided



for the last seven

months. I have seen ClemClay, Beverly Tucker, George N. San-


and others of that class several times. saw Clement C. Clay at the Queen's

Hotel, Toronto, about the 12th or 13th of February. On the 2d of June, and on the morning of the 3d, I saw Dr. Merritt in conversation with Beverly Tucker, at the St. Lawrence Hall in Montreal. I heard Beverly Tucker say, in reply to a remark of Dr. Merritt, that he had burned all the letters, for fear some Yankee eon of a bitch might steal them out of his room, and use them in testimony against him. They were at the time speaking about this trial, and the charges against them. They were talking to Dr. Merritt as to one to whom they gave their confidence.

All the civil courts of the city are in operation. I am not prepared to say exactly to what point the Department of Washingany troops that belong to the ton extends command of Major General Augur, who commands the Department of Washington, sent out to any point, would necessarily remain under his command. Martial law, I believe, extends to all the territory south of the railroad that runs across from Annapolis, running south to the Potomac and Chesapeake. extends I understand that martial law south of Annapolis, although I have never seen the order.


P. Jones.

the Prosecution.



Lieutenant-General U.
the Prosecution.



— May

Since the 4th of March, 1864, I have been in the command of the armies of the United States. I met Jacob Thompson, formerly Secretary of the Interior under President Buchanan's administration, when the army was lying opposite Vicksburg, at what is


Bend and Young's




boat was discovered coming up near

I resided in Richmond during a part of the war. I have often heard the officers and men of the Confederate army conversing respecting the assassination of President Lincoln. I have heard it discussed by rebel oflicers as they were sitting around their tents. They said they would like to see him brought there, dead or alive, and they thought it could be done. I heard a citizen make the Vemark that he would give from his private purse ten thousand dollars, in addition to the Confederate amount offered, to have the President of the United States assassinated, and I brought to Richmond, dead or alive. have, besides that, heard sums offered to be paid, with the Confederate sum, for any person or persons to go north and assassinate I judge, from what I heard, the President.




that there was an amount offered by the'pany to which Captain Beall belonged, who Government in their trasl)y paper, to assas-jwas executed at Governor's L-iland. Cockrell sinate any officials of the United States told me that Beall was on " detached scrvGovernment that were hindering their cause. ice," and that we would hear of him.

I have heard mention made of the existence of secret orders for certain purposes to assist the Confederacy. One I frequently For the Proseaition. May 12. lieard of was called a Golden Circle, and I was in the Confederate service as an en- several times I heard the name of the "Sons gineer officer in the Topographical Depart- of Liberty." No cross-examination. ment, with the pay of an engineer, and was on the staff of General Edward Johnson. AlHosEA B. Carter. together I was in the service nearly three years. In the summer of 'G3, being at Swift For the Prosecution. May 29. Run Gap, near Harrisonburg, I was overI reside in New Hampshire. I was at the taken by three citizens, and rode with them home eighteen or twenty hours. The name St Lawrence Hall, Montreal, Canada, from the 9th or lOth of September till the Ist of of one was Booth and another Shepherd. February last. I met George N. Sanders, .A photosraph of Jolin Wilkeg Booth bcin? shown to tlie witness, hu ititmtilied a resemliliince betwet-n it and Clement C. Clay, Beverly Tucker, Dr. Blackthe p«rsou referred to. The photograph was offered in burn, Dr. Pallen, J. Wilkes Booth, General evidence. Carroll from Memphis, an old gentleman from I was asked by Booth, and also by the F'lorida that wore a cue I think his name was others, what I thought of the probable sucWestcott a Dr. Wood, a gentleman named cess of the Confederacy. I told them, after

Uexby Yon




such a chase as we had just had from Get- Clark, and many others whose names 1 do I do not remember that I tysburg, 1 thought it looked very gloomy. not now recollect







we saw Jacob Thompson

only act our part, the Confederacy will gain its independence. Old Abe Lincoln must go up the spout, and the Confederacy will gain its independence any how." By this expression 1 understood he meant the President must be killed. \1q said that as soon as the Confederacy was nearly giving out, or as soon as they were nearly whipped, that this would be their final resource to gain their independence. The other two engaged in the conversation, and assented to Booth's sentiments.

there. I saw him at Niagara Falls on the 17th of June. Some twenty or thirty Southerners boarded at the St Lawrence Hall, and usually associated together, and very little with other people who came there, either English or American. I frequently observed George N. Sanders in intimate as.sociation with Booth, and others

They being splendidly mounted, and


horse being nearly broken down, they left Three or four da3's afterthe next day. ward, when I came to the camp of the Second Virginia Regiment, I found there three citizens, and was formally introduced by Cap-


tain Randolph to Booth and Stevens. That eveniiig there was a secret meeting of the ofticers, and the three citizens were also pres-

of that class, in Montreal. 1 used to see a man named Payne nearly every morning. 1 think they called him John. He was one of the Payne brothers, two of whom were arrested for the St Albans raid but Lewis Payne, the accused, I do not think I have seen before. Dr. Blackburn came to the St Lawrence Hall when the Donegana Hotel closed, which was about the 2Uth of October last He seemed to as-sociate on terms of intimacy with all those I have named, but Booth. Whether he came there before Booth I can not say. Blackburn was one of that clique of men who were known there as Confederatea

I was afterward informed of the purCross-examined by Mr. Doster. pose of the meeting by Lieutenant Cockrell I heard that the Paynes to whom I have of the Second Virginia Regiment, who was present. It was to send certain officers on referred originally came from Kentucky, and '"detached service" to Canada and the "bord- that they had been in the counterfeiting busiI think I have seen Cleary in Canada ers " to release rebel prisoners, to lay Northern ness. I have seen cities in ashes, and finally to get possession in company with John Payne. of the members of the Cabinet and kill the them in company with Sanders and Tucker President This "detached service was a and Blackburn every day. nickname in the Confederate army for this sort of warfare. I have heard these things John Deveny. spoken of, perhaps, a thousand times before For the Prosecution. }fay 12. I was informed it was the purpose discussed at this meeting, but I always considered it I have resided in Washington, off and on, for common braggadocio. I have freely heard it a year or two. I was formerly a Lieutenant spoken of in the streets of Richmond among in company " E," Fourth Maryland Regithose connected with the rebel Government. ment I was before that employed in Adams's Cockrell belonged, I believe, to the Second Express company. In July of 1803, I was Virginia Regiment, and to the same corn- in Montreal, and left there the 3d or 4th of



February of this year. I was well acquainted Hall, Montreal. I spoke to Mr. Booth, and with John Wilkes Bootli. The first time I asked him if he was going to open the thesaw him in Canada he was standing in the ater there. He said he was not. He left me, St. Lawrence Hotel, Montreal, talking with and entered into conversation with a person George N. Sanders, I believe that was in the who was pointed out to me as George N. month of October. They were talking con- Sanders. fidentially, and drinking together. I saw them [No crosB-examination.] go into Dowley's and have a drink together. Henry Finegas. I also saw in Canada, at the same time, Jacob Thompson of Mississippi, who was Secretary For the Prosecution. May 26. of the Interior under the administration of I reside in Boston, Mass., and have been President Buchanan. I also saw Mr. Clement in the United States service since the rebelC. Cliiy of Alabama, formerly United States lion as a commissioned officer. In the Senator, Mr. Beverly Tucker, and several month of February last I was in Montreal, others who were pointed out to me; but I was not personally acquainted with those Canada, and remained there eleven days. While there I knew well, by sight, George gentlemen. I spoke to Booth, and asked him N. Sanders, William C. Cleary, and other if he was going to play there, knowing that men of that circle, but did not make their he was an actor. He said he was not. I then eaid, " What are you going to do?" He said, acquaintance personally. On one occasion " I just came here on a pleasure trip." The I heard a conversation between George N. Sanders and Wm. C. Cleary; it took place other Soutiierners, whose names I have menat tlie St. Lawrence Hall on the 14th or 15th tioned, I have seen talking with Sanders, hut of February. I was sitting in a chair, and I can not say positively that I saw them talkSanders and Cleary walked in from the door; ing with Booth. The next time I saw Booth was on the they stopped about ten feet from me, and I heard Cleary say, "I suppose they are getsteps of the Kirkwood House, in this city, on ting ready for the inauguration of Lincoln the night of the 14th of April, between 5 and He was going into the hotel as I next month." Sanders said, "Yes; if the boya 6 o'clock. was standing talking to a young man named only have luck, Lincoln won't trouble tlieni Cleary asked, "Is every Callan. As Booth passed into the hotel, he much longer." thing well ?" Sanders replied, " O, yes; Booth turned round and spoke to me, and I asked

him when he came from Canada. He said is bossing the job." he had been back here for some time, and was Cross-examined by Mr. Aiken. going to stay here for some time, and would The conversation took place about 5 I asked, " Are you going to see me again. play here again?" He replied, ''No, I am o'clock in the evening. Sanders and Cleary were standing close together, conversing in I am in the oil businot going to play again rather a low tone of voice, I thought. I never ness." 1 laughed at his reply, it being a common joke to talk about the oil business. was introduced to Sanders or Cleary. but have been introduced who to be A few minutes afterward I saw him come escaped prisonersto mencamps claimedNorth. from in the down the street on horseback, riding a bay I knew Sanders and Cleary by sight well; I horse. I noticed particularly what kind of saw them testify in court in the St. Albans a looking rig he had on the horse, though I know not what made me do it. The next I raid case. Cleary is a middle-sized man, saw of him was when he jumped out of the sandy complexion, sandy hair; carries his neck a little on one side, and has reddish box of the theater, and fell on one hand and whiskers. Sanders is a short-sized, low, thickone knee, when I recognized him. He fell set man, with grayish curly hair, a grayish with his face toward the audience. I said, "He is John Wilkes Booth, and he has shot moustache, and very burly form. I left Montreal on the 17th of February. the President." I made that remark right That is the last I ever saw of him, I first communicated this information to the there. when he was running across the stage. I Government a few days ago, but spoke of it to two or three parties some time ago. I did heard the words " Sic semper tyrannus " shouted not consider it of any importance at the in the President's box before I saw the man. time, but He had a knife in his hand as he went across gadocio. looked upon it as a piece of bragIf he made any remark as he the stage. went across the stage I did not notice it. The Mrs. Mary Hudspeth. excitement was very great at the time. For the Prosecution. May 12.







after the


and on the day General Butler left New York, as I was riding on the Third 1 reside in Chickopee, Massachusetts. I Avenue cars, in New York City, I overheard was at Montreal, Canada, in October or No- the conversation of two men. They were vember last, when I saw John Wilkes Booth, talking most earnestly. One of them said he who was standing in front of the St. Lawrence would leave for Washington the day after tothe Prosecution.

— May




was going

to Newbiirp,

of tlie two was a young man witli falne whiskern. Tliis I observed when a jolt of the car puslied his hat forward and at tl»e same time pushed his whiskers, by whicii I observed that tlie
or Newbern, that


knew your face, no police telegraphic dispatch would catch you. The English gentleman, Jlarcourt, must not act hastily. Kemember he has ten days. Strike lor your liome, strike for your country; bide your time, but strike sure. Get introduced, congratulate

was darker than it was under t4ie hinx, listen to his stories not many more Judging l)y iiis conversation, lie will the brute tell to eartldy friends. Do was a young man of education. The otlier, any thing but fail, and meet us at the apwhose name was Johnson, was not. 1 no- pointed place within the fortnight IncloHe ticed that the hand of the younger man was thi.-< note, together with one of poor Leenea. very beautiful, and showed that he had led I will give the reason for this when we niecL a life of ease, not of labor. They exchanged Ueturn by Johnson. 1 wish I could go to letters while in the car. When the one who you, but duty calls me to the \\'est you will had the false whiskers put back the letters probably hear from me in Washington. Saivin his pocket, 1 saw a pistol in his belt. I ders is doing us no good in Canada. overheard the younger say that he would Believe me, your brother in love, leave for Washington the day aflcr to-morCHARLES SELBY. row the other was very angry because it St. Lolis, October 'iX, ISM. had not fallen on him to go to Washington. De.\rest Husb.\xd: Why do you not come Both led the cars before I did. After home? You left me for ten days only, and they had left, my daughter, who was with you now have been from home more than me, picked up a letter which was lying on two weeks. In that long time, only sent the floor of the oar, immediately under where me one short note a few cold words and they sat. and gave it to me; and 1, thinking a check for money, which I did not require. it was mine, as I had letters of my own to What has come over you ? Have you forpost at the Nassau Street Post-office, took it gotten your wife and child? Baby calls for without noticing that it was not one of my papa until my heart aches. We are so lonely own. When I got to the broker's, where I without you. I have written to you again was going with some gold, I noticed an en- and again, and, as a last resource, yesterday velope with two letters in it wrote to Charlie, begging him to see you and [Exhibiting nn oiivdope with two letters.] tell you to come home. I am so ill, not able These are the letters, and both were con- to leave my room if I was, I would go to tained in one envelope. After I examined you wherever you were, if in this world. the letters and found their character, I took Mamma says I must not write any more, as them first to General Scott, who asked me to 1 am too weak. Louis, darling, do not stay read them to him. He said he thought they away any longer from your heart-broken wife. were of great importance, and asked me to LEENEA. take them to General Dix. 1 did so. [The followini; letters were then read to the CommiBHon. Charles A. Dax.i.
front face whiskers.




offered in evidence:]

Dk.\r Locis

The time has

at last







and upon you The letters found and testified to by Mrs. every thing depends. As it was decided be- Hudspeth, came to me by mail at the War fore you left, we were to cast lots. Accord- Department, inclosed in one from General Dix. ingly we did so, and you are to be the Char- The letter from (ieneral Dix bears date Nolotte Corday of the nineteenth century. vember 17th, and 1 received it, 1 suppo.«e, the When you remcniber the fearful, solemn vow next day. On receiving the letters I look them that was taken by us, you will feel there is to the President, Mr. Lincoln, who looked at no drawback Abe must die, and now. You them, but 1 do not think he made any specan choose your weapons. The cup, the cial remark he seemed to attach very little The cup failed us once, and importance to them. Two or three days knife, the bullet. might again. Johnson, who will give this, after the assassination of the President, I waa has been like an enraged demon since the sent by the Secretary of War to find them. meeting, because it has not fallen upon him 1 went over to the White House and .>-earrhed to rid the world of the monster. He says in the President s private desk, where 1 found the blo'id of his gray-haired father and his tliem. 1 kept them for some time, and after^ noble brother call upon him for revenge, and ward delivered them to Judge Jlingham. revenge he will have; if he can not wreak it The President received a great many comupon the rountain-hcad, he will upon some munications of a similar nature, but he of the blood thirsty (ienerals. liutler would seems to have attached more importance to suit him. As our plans were all concocted these than any others, because 1 found them and well arranged, we separated, and as I am among his papers in an envelope marked, in
all so

we have


writing on my way to Detroit that all rests upon you.
to find




I will only his own handwriting, "Assassination." The You know two letters just put in evidence, are thode Your disguises that were inclosccl in the letter from General

are so perfect and complete, that without one Dix; and the letter from General Dix





own handwriting, with which




[The followins letter from General Dix was then read

tents. I took all the papers to the Provost Marshal's Office, and placed them in the hands of Lieutenant Terry.

and put iu

Colonel Joseph H. Taylor. Daxa, Esq. My Dear Sir: The inFor the Prosecution. May 19. closed was picked up in a Third Avenue I am on duty at the Head-Quarters of I should have thought the railroad car. whole thing got up for the Sunday Mercury, the Department of Washington. [A paper containing a secret cipher was handed to the but for the genuine letter from St. Louis
C. A.

Head-Quarters, Department of the East, Xew York City, 17tli November, 1(<64. J

The Charles Selby is in a female hand. I received this paper, on the night of the obviously a manufacture. The party who dropped the letter was heard to say he 14th of April last, from Lieutenant Terry, would start for Washington Friday night. an officer on duty in the Provost Marshal's He is of medium size; has black hair and Office, who had been sent by me to examine whiskers, but the latter are believed to be Booth's trunk, where it was found among lie had disappeared before the Booth's papers. a disguise.


was picked up and examined. Yours truly, JOHN A. DIX.
Cross-examined by


C. A.


the Prosecution.



Mk. Aiken.

The authorities of the War Department are in the habit of receiving a great many foolish letters from anonymous correspondents and others; some of a threatening character, and others making extraordinary propositions.


T. T. Eckert.

Assistant Secretary of W^ar. I was in Richmond, Va., on Wednesday, the 5th of April Richmond being evacuated on the 3d. On the 6th of April I went into the office of Mr. Benjamin, the rebel Secretaiy of State. On the shelf, among Mr. Benjamin's books and other things, I found this secret cipher key.


the Prosecution.

— June


order was sent forward to General ButNew York for his troops to leave on General Butler made the 11th of November. application lor leave to remain until the next I saw it was a key to the official rebel Monday; the Secretary of War replied to the cipher, and as we had a good many of them application, "You have permission to remain to decipher at different times at the War Deuntil Monday, the 14th of November." partment, it seemed to me of interest, and I
ler at


[The secret cipher key is a model consisting of a cylinder six inches in length, and two and one-half in diameter, fixed in a frame, the cylinder having the printed key pasted over it. By shifting the pointers fixed over the cylinder on the upper portion of the frame, according to a certain arrangement previously agreed upon, the cipher letter or dispatch can readily be deciphered. 'Ihe model was put in evidence.]



Lieutenant William H. Terry.

For the Prosecution. May 18. ments, and this cipher model among them. I sent it to Major Eckert at the War DepartI am attached to the Provost Marshal's On the night of the as- ment, who has charge of the ciphers there. Office in this city. hands sassination, Mr' Eaton placed in Major T. T. Eckert. certain papers which he had taken from the trunk of J. Wilkes Booth, at the National For the Prosecution. May 20. Hotel. [A secret cipher, found among the effects of J. Wilkes TA paper containing a secret cipher was handed to the Booth, already in evidence, was here handed to the witwitness.) ness; also the secret cipher model just testified to.]

Mr. Benjamin's therefore brought it away. offices consist of a series of rooms in sucHis own office was the inmost of cession. all the next room, where his library was, and which seemed to have been occupied by his most confidential clerk or assistant, was the one in which I found several interesting docu;


This is one of the papers I received from I have examined the secret cipher found in Mr. Eaton it was in that envelope, on which Booth's trunk, and the other cipher just testiColonel Taylor marked the word "Important," fied to by the Assistant Secretary of War, and and signed his initials to it. find they are the same. Cipher dispatches from the rebel authoriWilliam Eaton. ties have from time to time fallen into my hands, and as I am somewhat familiar with For the Prosecution. May 18. them, they have been referred to mo for exOn the night of the 14th of April, after the amination. Some of the dispatches referred assassination, I went, under authority of the to me were worked on the same plan. War Department, to the National Hotel, to [The witness here produced cipher dispatches bearing take charge of Booth's trunk and its con- date Octobur 13th and luth.]


Johnson must come.

These dispatches which I hold in my hand are copies and translations of certain cipher dispatches which came from Canada; they passed through the War Department in this city, where copies were tal<en of them, and
tlieoripinals forwarded to Richmond. dispatches are written in the cipher to
this model and the paper found trunk furnish the key.

Old Crook has him in

have no

well that brother's oath,
all will

and you


be safe, and en-

joy the fruit of our labors.

These We had a large meeting last night All which were bent in carrying out the programme to

Booth's the Old


rails are laid for

always behind,


safe exit the pop at

[Thr- dispatches were then read au follows, and put in •videnceij


13, I8G4.

again urge the imfnense necessity of our gaining immediate advantages. Strain every nerve for victory. We now look upon the re-election of Lincoln in November as almost certain, and we need to whip his hirelings to prevent it. Besides, with Lincoln re-elected and his armies victorious, we need not hope even for recognition, much less the help mentioned in our last. Holcombe will explain this. Those figures of the Yankee armies are correct to a unit. Our friend shall be immediately set to work as you


City Point Now, I say again, the lives of our brave officers, and the life of the South depend upon the carrying this programme into effect. No. Two will give you this. It's ordered no more letters shall be sent by mail. When you write, sign no real name, and send by some of our friends who are coming home. want you to write us how the news was received there. receive great encouragement from all quarters. 1 hope there will be no getting weak in the knees. I was in Baltimore yesterday. Pet had not got there yet Your folks are well, and have heard Irom you. Don't lose your nerve. C. B. No.




a correct of the 13th instant is at hand. translation of the cipher. There is yet time enough to colonize many voters before November. A blow will shortly Cross-examined iy Mr, Aiken. be stricken here. It is not quite time. GenIn making the translation I had the aseral Loiigstreet is to attack Sheridan without sistance of a gentleman in North Carolina, delay, and then move North, as far as practiwho told me he had seen the cipher before. cable, toward unprotected points. first supposed, by its beginning with a This will be made instead of movement W, that it was dated at Wilmington. The before mentioned. He will endeavor to assist the Republicans first evening we tried it with Wilmington, but we could not make out any thing. The in collecting their ballots. Be watchful, and next evening we tried the word "Washingassist him. ton," and "April," and made an alphabet, and stuck figures and ciiaracters under the letters of the alphabet, and proceeding in that way we at length worked it out
letter just read,


19, 18C4.


I believe,




Charles Duell.

James Fergusox.

For the Prosecution.

— June

the Prosecution.

— June


I have recently been at Morehead City, I reside in Washington. I was recently N. C, where 1 have been working under Mr. engaged in business, driving piles at MoreDuell. While there. I discovered a letter head City, N. C. While there, I found a letfloating in the water when we were at work, ter floating in the water; it was in cipher. his My attention was first called to it by Mr. and called been attention to it Theasletter whitli has read is the same was Ferguson, who was working there. The enpicked up; and I identify the envelope as the velope was addressed "John W. Wise." 1 We found it either on the 1st or same.


inquiries relative to the person to


was addressed, but I could hear of no one of that name in North Carolina.





[The tranalation of the letter was hero read, and the put in eTidencu.]

Charles Dawson.
the Prosecution.

Wasiiinotox, April the



Dkar .Iohn: I am that Pet has done his
and Old Abe

happy to inform you work well. He is safe,

in hell.







on you. You must bring Sherman Hotel in I am a clerk at the National Grant is in the hands of Old Gray ere this. this city. In looking among the initials for a Red Shoes showed lack of nerve in Sew- letter for a gentleman whose name begins with ard's case, but fell back in good order. B, 1 found a letter addressed "J. W. B."

I have belonged to a scouting company. —June 16. I do not know any person of the name of Green in that neighborhood. I saw French.THE "LON LETTER.berland. when he went out and saw a small squad of rebels who could do no great damage to the railroad. a deaf man. Lon's house. yours. Sue Guthrie sends much love. 1 am clear of all sur- Purdy is beat. He cursed me for capturing the man. which is about all I can stand. Marshall County. Had he better be silenced for good ^ I send this up by Tom. For the Prosecution. and if he don't get drunk you will get it the 9th. so I rode down to him and told him. The only guest at knew of to whom KoBEBT Purdy. but he suspects to (too) that infernal now damn much now. and it Were put in as evidence :] and the envelope ferred to in the letter.. Booth in full would be put into his box. half write. and searched her. Branch Bridge arc not in the habit of taking There is a man in that region of country their letters to Cumberland to mail. culiar. strike through Thornton Gap. LON. at all I can't events. I do not know the Sue Guthrie mentioned. I reside in . C. veillance. April : 6. writing that letter myself I was at South The letter signed " Lon " I never saw until Branch Bridge in January last. V. and I afterward went to McMcAleer had Aleer to get the tiling settled. I have heard of French. Cross-examined by Mr. but as he had been lately bragging of his Unionism. He said. West Virginia. I flanked the field and captured him. but there are Greens some seventy or eight miles off. Romney's. you can't get thi-ough on your (rip. Friend Wilkes I received yours of March and reply as soon as practicable. to French. The initials 43 I have seen his handwriting. and said 1 should have taken his money and let him go. He struck me as being rather pe. Brady. This was in the winter. W. but I do not know of Branch to Cumberland. I thought he would be glad to learn that the great rebel spy had been captured. crossing by Capon. about the 24th been black-mailed about. South Branch published in the public papers. Any letters addressed to Mr. No more. 1861. A day or two after that. a white servant named Tom. but it was entirely false. it was 1 empties into the Potomac River. and a very reliable colored scout belonging to Lon McAleer had been playGeneral Kelly.d down the Branch. and found her carrying letters. stamp. only Jake will be at Green's with Burn this. and down the Branch.. National Hotel. warning him that some deserters from our army were going to commit robbery It was then that McAleer told at his house. 1865. house at Thornton Gap. South Branch Bridge. I captured a rebel spy a few miles from ENVELOPE. to $8. W. and there may be other families of that name that I do not know of. Aikex. 1 hired that girl to charge him with an outrage. beI longed was John Wilkes Booth. Don't write so much highfalutin next time. I have been drunk for two day. ai. don't fail. such as that alluded to in the letter was made against me.' room in the house. ing both sides. I am the Purdy reof May. which sent him in the shade. 0. and I add $1. the National Hotel that the initials J. who is re. of which I never knew It passes right through by Green's till lately. B.] Cumberland. is an obscure route. May S. J. They named Lon his full name is Leonidas Mc. and I took the letter unopened to showed me some notes that he said he had Judge Advocate Bingham. French. and reported him to old Kelly. every If thing depends on you and your helpers. but he generally goes by the name of about one and three-fourths miles above. Green's reputation is that of a very disloyal man. I have heard » he drinks. as he had a room at the house. and is from have no knowledge whatever by whom it was twenty-one to twenty-three miles from Cum written. but when he saw a force that could operate against Cumberland and New Creek. These being mere initials. the letter was put in with sundry letters for those who had no . the funds.Lon. Koinney's. I I halted her overtook a girl near his house. Since the 23d of August tive and scout. The writing of the letter resembles his. loyal and disloyal. Now. it can't be understood if lost. understood he was to meet Lon McAleer that day to carry information there. Washington. [P. after you strike He. and I can keep you safe from all 12th. who afterward married this girl.generally take them to Green Spring Run. in January. when you siiik your well go deep enough. and others about the ozV specuThe subscription to the stock amounts lation. B. I have been in the near the Ohio River. any one named Brady living on South Branch. . in company with two men named Darnduft'. Truly. [The letter was read as follows. hardships for a year. I me that French was his father-in-law. service of the United States since the 11th of I am acting for the Government as detecDecember. but I have ascertained that she is a lady who I once wrote a letter lived with Mr. The route through Thornton Gap.s. he always reported it. A charge. Aleer. he did not report it.000 myself. and cross by Capon. I think.000. I have been charged with last. There is a railroad through South People at South ferred to in the letter.

but I still reThen he said to I am by profession an actor. He then re. saying that it was impossible. and that. I did not keep my letters. an manner. me he was speculating in farms in lower I must come. that he had taken his ward. but Matthews was a we walked up Fourth Street. He then Fourth Street was not so full of people as urged me again to join. By these parties I understood them. This was the letter in which Maryland and Virginia. mentioned his speculation. He said he would ruin me in I told him I could not do it. and told me I must Broadway. after which me that he had been trying to get another PLOT TO CAPTURE. and I did so. and have fused to give my assent.s of the Government. When we got into the un. I turned and bade him good night.' He said he could In the early part of November implicate me in the affair any how. Then by return mail. nor asked me to take a walk with him which I have I been out of New York since last went into a saloon known as the summer. Maif 12. which I think was in February. About the latter part of December. go in with him. and would furnish the means.saying I had better go in. or three thousand dollars that he could leave Samcei. 1 told liim "No. and called inclosed." and For six or seven years I have known him added. poor family. He said there laugh at. and went home. with fifty dollars in January. They were joking with parties on the other side ready to co-operate him about his oil speculations. and to play "Julius Ccesar" in New York. After he left with them. He there by Saturday night I did not go. and talked with For the Prosecution. I desired him not to again speculation that lie wished me to go into mention the affair to me. He told me he had a big speculation on ceed. No. and that there were with some friends. "You will at least not betray me. man was very much frightened. The last 1 met him in New York. not join him. and asked lilm lie said lie had two to think of my family. Canada. or early 1 think. "House of Lords." robe to Canada. in carrying we did play on the 25th. "You dare not. lie came to New York. Wilkes Bootli a great many years. to join him. Forrest's Richmond. He said the President and some of to capture the head. and that it was sure to sucnamed Martin in Montreal. The ne. I think he that the part I would have to play would be a very easy affair. I asked him if that was the engagements. aod started up Broadway. we 1 .44 THE CONSPIRACY TRIAL. I would be hunted He urged me further. but would never when he told Matthev/s what he wanted. and he wanted to tell me about do so. about the time we were place at Ford's Theater in Washington. He urged the matter. and I would not come. he stopped would want for money again as long as I and told me that he was in a large conspiracy lived. me. He said there was plenty of money tliai speculation. and that I must wrote back. and he said he would not have When we came to the corner of Bleecker cared if he had sacrificed him.the heads of the (iovernment came to the cluding the President. did not intend to act in this portion of the down through life. and one they wouldn't opposed to our Government. and asked him party he said were sworn together. I saw him again on the 24th or 25th of November. afterward went to another walk with him. 45 Grove Street. was to open the back He urged his wardrobe was. he remained there perhaps an hour. Knai'p Chester. but to think of my lie said it was. He said no. I think it must have means. intimately. still telling me that he told me his plan was sure to succeed. He said every met him on Broadway as he was talking thing was in readiness. and asked me to go in with him. if I joined. He wrote to me again from Washington go in with him. and to take them to theater very frequently during Mr. them. I told him I was without He said about this speculation. He told In January I got a letter from him. 1 never frequented portion of the street. country again. been in January. in charge of a friend. that it was an impossibility. known J. If I would ask him. half an hour. I must come. lie told me that lie attempted to betray them. but needed some one connected or achand. saying. and York. which the part he wished me to play. and asked me to take a He then told drinking. eating and called on me again. I he was sure to coin money. me." on Houston Street. I did not think it was right to speak in that He a. saying received several letters from him. he said it was still in door of the theater at a signal. because he said coward. the mention what it was. that he always liked me. saloon under the Revere House. he told me he had a better speculation him to mean the rebel authorities and others than that on hand. and was not fit to live. and would he would say he would tell me by-and-by. I got another letter. I suppose. and intended to run the and bade him good night.sked me to walk further witli him. I quainted with the theater. one John Matthews. Some time after that I met him were from fifty to one hundred persons enagain. He told me that the affair was to take blockade. I told him Street.Every Sunday I devoted to answering my turned to Washington. I asked him where out this conspiracy. in. and therefore could not.in the afiair. and if I why he was not acting.\t time he came to New did. and he asked me how I would like to gaged in the conspiracy. — We We He had often part}'. from which place I correspondence and destroying my letters. that didn't matter. and must be on me at my house.

and it was done in consideration of my services. The other transfer was to me.000. Prior to May It was on Friday. and he was sorry he had mentioned this affair to me. 1864. 1864. He also purchased. capturing the President and the heads of the His account with the Ontario Bank I hold Government. all the Since about the rest has been drawn out. Canada. Wilkes Booth in his lifetime. Jacob Thompson very well. across the lines Booth did not say any thing as to the means JACOB THOMPSON'S BANK ACCOUNT.28. and am first the capture. His business was entirely closed out there on the 27th of September. near Franklin. were in the "House of Lords. and closed April 11. dollar paid to J. I . We One of the conveyances was made to his brother. and he paid all the exPresident. credits is $649. if I had wish^." sitting at a table. what an excellent chance he had had for The first advice we had was May 30th." BOOTH tlie S OIL SPECULATIONS.000 sterling. The affair. but told me to make my mind easy.000 in exchange. 1864. he said he honored my mother and respected my wife.. and on the same day £4. When he found I would not go.000.618 lis. in February teller of the Ontario Bank.873.766. I accompanied him to the oil regions in June. It was.. striking the table. On We — — BOOTH'S OIL SPECULATIONS. that he said he had abandoned the idea of I know Mr. one week previous to the assassaw him again in New York.965. but that he was so very short of funds. and there is a balance still left to his credit of $1. take him to Eichmond. parI did some little ticularly in the oil region. for the purpose of taking charge of his business there. On the 24th of March he drew $100. and £20. and the other investment was about $1. for $1. previous interest. upon fifteen davs' notice. give deposit receipts. By the expression "other side.000. The whole amount invested by him in this Alleghany River property. He to his purchase of the land never realized a dollar from their designs. that he said on the rebel agents in Liverpool. in sterling exchange and deposit receipts.63. and begged him not to mention the affair to me.000. at another time $19. Mr. on inauguration day He said he was as near the President on that day as he was to me. and was entirely closed up before I left there. I think. that was after he had told me he had given up this project of I reside in Montreal. . do so. first of March he has drawn out $300." I understood him to mean across the Potomac.23. had fallen in my hand. one week 30th. of that city. This sterling exchange was drawn to his credit.000 in all. was about $5. On the 6th of April last there is a deposit reThe banks in Canada ceipt for $180. and was hi. had not been there long before he exclaimed. and also the deposit receipt. 1863.s business agent. Jacob Thompson has left Montreal on the Alleghany Eiver. which was without compensation but a consideration was mentioned in the deed.000— since the 14th of April last. seized. 4o?. he said. and the last time he was in he gave a check was as The aggregate amount of the $109. say that he was going away. Booth's interest in the oil speculations follows: He owned a third undivided interest in a lease of three and a half acres Mr. and he would trouble me no more. business for him in the City of Boston. the 7th of April. Junius Brutus Booth. 1865. but it was very little. in every way. —May 13. for which I never received any other pay. On one occasion he told me that he For the Prosecution. I heard him He used to that being one-half of it. amounting to sination. Wilkes Booth at all for Booth spoke of the plot to capture the these conveyances. not to assassinate him. The first interest he acquired in any way was in December. through. l^c?. making $6. he left with us sterling exchange. owing to some parties backing out. He paid $2. There was not a Cross-examination by Mk. Joseph H. and to penses on the transfer and the conveyances. he had provided or proposed to provide for conducting the President after lie should be Robert Anson Campbell. The land interest cost $4. any interest possessed in the oil region. for collection. It commenced May 30. On the 8th of April he drew a bill of £446 125. an interest in an association there come to the bank two or three times a week. and that either he or some other party must go to Richmond to obtain means to carry out I That is all that he ever absolutely purchased. I then returned him the money he had sent lie told me he would not allow me to me. when there was placed to his credit £2. "Wliat an excellent chance I had to kill the President. owning an undivided thirtieth of a contract.000. ! Friday. May 20.000. drawn previous to the assassination. could not help that.. 1^. His speculations were a total loss. SiMONoa For 1 the Prosecution. 1864. or January. Ewing.061 17s. There was money spent for expenses on this lease. killing the President. which are paid when presented.000. was selling off his horses. 45 I told him profession if I did not go. was acquainted with J.

by waiting two weeks longer he could have taken the steamer. and occupied room "20. On the 20th of March he bought account. he bought a bill of exchange for £61 and some odd shillings.date.examined. to put it to their credit. what the amount of greenbacks was. 1 knew turned November 14th. C.000 worth of green.125. 1 figured I reside in Charlotte. they sent it to us. Clement C. through the Niagara District Bank.] BOOTH THE — . We I . He then eaid he would take $300. 3d. should be captured. which I caslied. He also bought drafts arrived again March 25th room "231. I think.McCullough. and lell April 1st on an afternoon train. as far as I know. His name does not appear on th(\ the amount he paid in gold. He arrived in the evening of Novemgaged in any business in Canada requiring ber 9th. he arrived again Mr.] exchange. amount. pays $50 on gold. . copied of the Nutiunal Hotel. in the early part of His next of one transaction of $50. the actor. and pulled out that Lewis For Bates. think. G. and on July 14th. 21st of March. August 25th he bought $15. He may have been in the ers at the bar. His friends stated to me Those are the Ontario Bank bills of exthat he was going to Halifax. remarking. en. last." in comOn pany with John T. and I was told October 27. and brought them to our bank for col. and is. at St. He was not. consisting of $200 in $20 Montreal bills. — . Thompson has several times bought from February 22d. native of Massachusetts. but that and his second account comniences March On March 1st. .] credit $455. cember 31 January 12th left on the 28th arrived again 1864. From the register. M.weru livru exhibited to the witness. Lau^hlin.000 in green. J. was here offerad AND THE ASSASSINATION. backs at 44|. or greenbacks.'" could not unless he indorsed the bill. train. The timeuf [ bills liiit of oxch. W. in American gold. 1 do not think 1 saw him the last $255. from either Richmond or Baltimore.sent. arrived Deleft January 10th arrived again in that bank." left on an He had other early train on the morning»of the 11th. Michael him. the exchange was about 55. which have try. brought Southern sterling exchange bills. Bunker. on New York in several instances. and thence to Europe. I find that Booth was not at the How they came to him we did not National Hotel during the month of October. On the 2d. transactions with him. $19. a check drawn to the order of 17th by the morning train. [A certified memorandum Booth came into the bank for this ia evidence." took tea. August 16. which vras made payable to his order. H. train £6. The account was opened with Jacob For the Prosecution. and deposited by him December 22d. Booth left February 28th in This was 8:15 A. and he then left the liotel. opposite the St Lawrence Hall. " am going to run the blockade. On the 19th of . for which he paid $552 20 in 8 o'clock A. room "228. ber seeing him once. but do not remember [The attention of the witnes^was directed to the prisonmore at pre. when AT NATIONAL HOTEL. Wilkes Booth. and left on the 16th. Clay. 1864. and in case I JEFF. —May 30. closing his account to date. rethese large sums of money. I am Superexchange I think it was 9^ and gave him intendent of the Southern Express Company a bill of exchange for £61 and some odd for the State of North Carolina. Navchange that were sold to Booth.500 sterling at 9^. he bought $1. bearing date igation was not open then. and it was talked of in the bank among the clerks. the Prosecution. I could not say register. I do not know his name.) The only one of the accused I know is the bank a dozen limes. that came the evening. and at that time inclusive. who kept his office hotel. DAVIS I When from the reeiiiter of the aboTo dfttcs. 1 thought it strange at the time that he was going overland. habit of stopping at that hotel when he came drawn on Southern agents in the old coun. lection. Wentworth and John us United States notes. had a small arrived April 8th. arrival was December 12th. I am a — — Bhillings. M. backs.'^till led to his one with the black whiskers and imj>erial. without any entry on the register of that is what he paid for it in gold.'iOO would come to at the rate of resided a little over four years. but know him by and Davis's check on Merchants' Bank of sight He frequently called on Booth at the Davis is a broker. left on the 24th. where I have up what $. and 4th he is called at 14th.000. John Wilkes Booth has been in the Confederate States. I few days of Booth's stay there.-vngo found on Booth's body at tb« capture. THE CONSPIRACY TRIAL. : . F. M. and 1 distinctly rememHe has .40 to the liotel-keeper.1864." and remained I had one or two there until the assassination of the President account at our bank. know. Afay 12. and left that day on 7:30 P. occupied room "231.to the city. left December Catherines. can my capturers make I told him they use of the exchange'. but another room is assigned to him. that he was going overland to Halifax. N. arising from a deposit made by [pointing to the accused. Thompson individually the newspaper reI am a clerk at the National Hotel in this port was that he was financial agent of the only knew that he city. large money transactions in Canada. overland.

April I — For I the Prosecution. I knew Mr. I reside in Charlotte. For the Prosecution.this floor. in common with others. — June 9. April 19. the agent of Adams's Express ComGheensboeo. [The following telegram was here read to the Commiseion:] house chusetts. ETC. For I left the the Prosecution. F. the night before. and signed John C. in —June 9. Crane. Breckinridge. and I never heard any thing against his reputation for William For L. No rethe job would then be complete. to which place he had come from I left that city for Richmond.— June 9. 1665. There were one or two persons with me. — May 30. while I was conductor. • Davis replied. Bates has just testified is a true copy of the message that was transmitted to Jefferson Davis on tlie 19th of PLOT TO DESTOY STEAMERS. Va. " If it were to be done. PLOT TO DESTROY STEAMERS. Bates for about twenty-five years. I don't know. Bates for two or three mark. about the letter. For the last five years I have not known any thing of his whereabouts. Russell. — June 9. Springfield. Bates since 1848. GUNBOATS. Major For T. I am JOHN C. was the subject of conversation. W. when the assassination of the President In speaking of it. he occupied a position I am quite sure these are of great trust and responsibility.'. His character is without and John C. and. Breckinridge was handed him.have known Mr. and found the archives of the so-called Confederate States scattered James E. where he had stopped there the 14th. it were better that it were well done and if the same had been done to Andy Johnson. took as many of these as I chose. it were better years quite intimately. arrived Greensburg or Concord. to the best of my knowledge. and made this re. was standing by the operator when the For the Prosecution. For I the Prosecution. ceived the message at Mr. Jefferson Davis reOn the 9th of April I reside in Chicago. Breckinridge. H. if it were to be done at all. Jefferson Davis reputation possible. N. GUN-BOATS. BRECKINRIDGE. Mass. in connection with the Southern Express Company. and he was repeatedly stabbed. Daniel II. C. he bore the reputation of a truthful and reliable man. April. C. speaking. T. as far as I know. C. Ryder. the Prosecution. F. in every respect. I have His Excellency President Davis : President Lincoln was assassinated in the known Lewis F. The position he occupied was one of high responsibility and trust. I collected quite a number of papers in different rooms and from among the rubbish. Courtney. While truth. N. . General. John C. the State Capitol. I have F. He was in business as baggage-master on the Western Railroad. and is probably mortally wounded. J. and have never heard any thing against his reputation theater in Washington on the night of the Seward's house was entered on as a man of truth and integrity. South a year ago last April. the same night. as we handled the papers. and is a man it were well done. 47 Davis stopped at my when he made an address to the people from the steps of my house.. A day or two afterward. I In concluding his speech. and remained there until the While there I visited 21st of that month. 11th instant. Jefferson in Charlotte.ss for the last three or four years. ETC. C. Jefferson Davis read that dispatch aloud. L. The telegram to which Mr. any thing that seemed important or interesting we put into our Among the papers eo found was pockets. last. May 18. L. and from the expression used by John C. Wilcox. Bates was brought here by the order of the Secretary of War. F. for the past few years I have lived in Columbia. S. pany in New York Eastern Division. Eckert. and. Massa. and to Secretary Stanton. Breckinridge ren\arked to Davis. a telegram from John 0. that he regretted it very much that it was very unfortunate for the people of the South at that time. — June 9. the beast." of truth and integrity. Jules Soule. until I learned from him that he had been living in reside known Lewis Charlotte.. He bore the best tlie words he used. "Well. iiouse.' mark was made at all as to the criminality of the act. Bates. reside in the city of New York at present. . We have been intimately connected in busine. I drew the conclusion that he simply regarded it as unfortunate for the people of the South at that time. Bates's house in Charlotte. the Prosecution. Breckinridge were present at my reproach. Ret. Mr. and am engaged in the telegraphing business. L. message was received.

I have seen enough of the efiects that can be produced to satisfy me. and every day he had to sign the requisitions that came to me. '65. and are known but to him and one other party. —May 18. 2. Philadelphia. and are known to only one other Asks the President to have an inSib: When Senator Johnson of Missouri party. I find can not apply as has for overcoming the difficulty heretofore experienced. terview with General Harris. for writing you. but are in the hands of Professor McCullough. perhaps more in that than in any every clement of defense. on the harassing the enemy by means of burning subject. 1865. there were several SECOND INDORSEMENT. For the purpose of satisfying your mind upon priated the Prosecution. Richmond. Oldham. them to the least danger of detection whatII. that state. in the service of the Confedour cause in this struggle. The deep interest I feel for the success of the rebellion. towns. Oldham. I the subject. for twenty years. The Rec'd Feb'y 17. alize the have known Professor McCullough. W. uated about 1839 or 1840. it. the indorsement on that read is in his handwriting.48 dence:] THB CONSPIRACY TRIAL. S. respectfully. The preparations are not in the hands ever. Prest C S. [Tho fullovring letter waa then read and offered in eviISM. and the conviction erates. means at our command. several preparations and not one alone. is able. A. is in his hand12. please was not fully prepared to answer. 20 Feb'y. — Nathan For I Rice. signed W. Richmond. and I am. and fill his people with I am not alone of terror and consternation. and requesting you to invite General Harris to see you. etc. this opinion. and. Preparations are in the hands of Professor His Excellency Jefferson Davis. he was Professor from conclusive proofs. in most cases. I should think. as I understand. he was Assayer at the Mint. in most cases. combustible material consists of 1. Hamilton. remarks? made by you upon the subject that Secretary of State. the Prosecution. but many other gentlemen are as fully and thoroughly impressed with the I believe we have the conviction as I am. We was requisition clerk eight years ago. Oldham. He had attained some distinction aa of the importance of availing ourselves of a chemist. If you should see General Alexander J. —May 18. who. I upon subsequent conference with parties pro.. and practicable. 1 think. Burn every vessel that leaves a foreign port 2. but earnestly. their shipping. was in the handwriting of Jefferson Davis. he was Professor quest that you will have an interview with of Chemistry at Princeton College. At JefGeneral Harris. and myself waited on you a few days since. at his convenience. transport that leaves the harbor of New York or other Northern port. etc. re. of McDaniel. and therefore innocent agents. S. must be my excuse thing else. W. S. He has. formerly a member of Con. please signify the time when For the Prosecution. Owen. and sometimes they were signed in my presence. There is no necessity for sending persons in the military service into the enemy's country. Burn every transport and gunboat on the Mississippi River. . — May 18. your obedient servant. 3. OLDHAM. without any danger to the parties engaged.ferson College. February burning the enemy's shipping. letter just In ray belief. by persons ignorant of the facts. proper to do so. was formerly a member of Congress from — I am perfectly familiar with the handwriting of Williamson S. seeing from ten to twenty-five signatures of his every day. Oldham. and can be used without exposing the party using John Potts. with supplies for the armies of the enemy in the South.suppose. and if my recollection serves what I have suggested is perfectly feasible me. but which. I had abundant opportunities of becoming acquainted with his handwriting. been at Richmond during and energetically applied. Joshua For I T. and in others but very slight. to demorNorthern people in a very short time. February letter which has just been introduced in eviIn relation to plans and means for dence. May 20. The indorsement on the letter signed W. when Jefferson Davis was Secretary of War. to convince you that of Mathematics. if promptly appro- For I the Prosecution. formerly a in relation to the prospect of annoying and member of Congress from Missouri. and became perfectly familiar with have filled for which position twenty years. I had ample opportunities of becoming acquainted with his handwriting. I believe. towns. where 1 gradgress from Missouri. S. that. INDORSEMENT. War Department. and learn what plan he posing the enterprise. 1865. we can 1. as well as devastate the country of the enemy. am chief clerk in the I upward of While Jefferson Davis was Secretary of War. it will be convenient for you to see him. objections to the scheme.see (leneral Harris. can burn every for the United States. I am a citizen of the State of Texas. I respectfully. McCullough. D. J. The Hon. but the work may be done by agents. Pennsylvania.

Majors rendered and the amount claimed. gold on the draft at Columbia. provided the claims pjoved cormaking St. Louisville expressly to do that work namely. Clark. in 1861. Ohio. Benjamin. gold. when he I eo conclude.000. He asked me if I was from St. Benjamin looked was doing more harm than any body else at at the papers we brought him. because I was present. Seddon. Louis my home for the last nine rect. and Colonel Barrett of Missouri. We went back to the hotel. between Mr. The conversation first was about ernment. as possible. He told quarter-master stores any thing appertainme that he had thrown up that business that ing to the army. Davis if it would make any difDavis. of these parties the Imperial. We received the operations of Tucker. with Mr. Taylor. I told him I was. Davis said it should be The conversation then turned on the every thing appertaining to the army.taken away from those men that were now clude Government hospitals. Mr. to a seat in the Senate of the rebel ceipts in full. and that I believed they were all received was for the work I had done. The money was paid by a draft on During 1864 I knew of the Columbia for $34. and he (Benjamin) wanted to know elected for six years. when he was Davie. and other rivers. The operations of these men were to in. have that stopped. Clark. G. Mr. ETC. and have been four months. that we might A. United States hospital at Louisville was burning of the steamboats. when I had an on or before the 23d of August. I believe it was. by the rebel Legislature if we would not take $30. Benjamin told me for burning boats carrying Government freight. but a man nanjed Dil. the wanted to know what I thought about deHe said they had been thinkRobert Campbell. DESTRUCTION OF STEAMBOATS. It was then talekd over. I went in These men with Benjamin to see Mr. miles above Vicksburg. destroy railroad bridges. Benjamin told us all writing. JeflTerson I asked Mr. which was destroyed in the streaftn. Dillingham. and that he had been sent to DESTRUCTION OF STEAMBOATS. and he said I written out by Mr. Seddon. or any place. there was a consid. Finally. He said it did not.and talked. and I wrote the statement myself It read Senate. I told him I presume Mr. James done in Illinois. L. $35. to be paid in I am a steamboat man. The Imperial was one of the largest and though I did not. Clark. Government. the Secretary of State. as being all right. We did so.sented were statements if he knew me to be all right. and Mr. I told him I knew of the bridge. the rebel Secretary of War. and Mr. and of sending some one to have Orleans that I do not know the name of it done. Benjamin. and we sat sippi. Hiawatha. Wliile at Richmond Mr. and since then I have seen re. The next day I saw an I was in Richmond from the 20th to the order in the paper taking away passes issued 25th or 26th of August last. and asked me that time. the Daniel stroying it. Dillingham had been hired by General Polk. Minor Majors. for I had never been there.000 if that bridge was destroyed. that Mr. that Sherman was the man who it was We went to him. and put in claims to Mr. I told him I thought it could bell.Mr Benjamin then said that if Dillingham ports of many speeches of his. he was going to lingham claimed compensation for it. He then asked Mr. transports. unless the passes were all owned by private individuals. but as near Sherman's base now in the hands of Mr. — — l : — . store-houses. twenty-five be done. A done. and $200 in or ten years.steamboats. at Milliken's Bend. and other vessels on the Missis. if I knew any thing about them. I do not that I did not think it was any use burning know who burned it. under way.000 on deposit.000 down in For the Prosecution. Davis having been been burned by the operations Nashville and Chattanooga. June 8. and down there. and others. and These boats were asked me if I would take charge of it. Thomas gold we got in Richmond. Etc. Benjamin. Davis. and $15. were in the service of the Confederate Gov. were permits to do this kind of work. and Mr. when over.that Mr. Davis wanted to see me. These passes interview with the rebel Secretary of War. .000 and sign reWe told him we would not. he wanted a and bills introduced by him into the rebel statement of it. The agent who destroyed $400.who first remarked that he would give erable loss of life.. said he had shown those papers to Jefferson culled Confederate States. besides some in New ing about it. commissary and Clark introduced me to Mr. ment with hiin for $50. of the services had been represented to him by Mr.three to call next day. I told Mr. Davis knew that the pay I that I did. told him I would not. the Louisville. I this boat was on board. Louis knew I had received money there. and resolutions was to claim this in Louisville. At the time of writing this letter. Mr. he was a member of the Senate of the so. and he said no. and ference where the work of destroying bridges myself called there in connection with the was done. burn the hospital. Davie burned in June or July of 1864.stroying it. Thomas L. and we made a settleEdward Fkazier. I knew of the following steamboats what was called the Long Bridge. of Texas. he right.800 in gold. In but I did not know what to think about deHe said I had better study it the case of the burning of the Robert Camp. Clark The papers we pre. it might be boat burning. finest transports on the western waters.

officially. Townsend. Requesting my companion to re. Captain.: only. Corn ding Torpedo Co. On arriving in Isle of Wight We did not destroy her. and. I had with me Mr. Z. with the assistance logical Torpedo" against the enemy's vessels of Acting-Master W. and the effect deafened my companion to an extent from which he hats not recovered. with a small amount of this city. in obedience to your order. with my macliine and tarding of his movements on the river. here to remark that. Louis.d on the neighboring citizens immense supplies of stores being landed at and our own further operations. we learned of it might have hp. for the purpose. was then read and put in evidence:] wharf building containining their stores. We powder covered by a small box. of the Connavigating that river. 12. E. Majors and Barrett belonged to an organization known as the 0. relieved my ^y the reflection that feelings are while this Richmond. I do not know that Majors and Barrett were in Chicago in July last. and the consequent recautiously the wharf.of Adjutant-General of this organization. we retired to a safe distance to witness tlie effect of our effort. whether you are also a member of that order? You are not bound to state it. but picket line. but Mr. He carried it alioard. I may be permitted.50 THE CONSPIRACY TRIAL. one of his crew. either in June or July.-Gex. it amounts McDaniel. U. who was well acquainted with the to capture her. because of the effect County on the 2d of August. but of course we can give you no account of the extent of it exactly. to the best of my knowledge and belief.) whicii was totally destroyed. 1864. it seems. In about an hour the explosion occurred. started for that point. our labors. Your orders were Capt. D. to just reCaptain: I have the honor to report that. Finding the neared success on several occasions.. and the barbarities of the enemy's crusade against us and them. Rejoining my companion. by stratagem. [The witness dcclini'd to iinswur. Mr. he of introducing our machine upon the vessels offering as a hostage. if you think proper to do eo.ss than the fear with which main behind about lialf a mile. I understand. were killed by this large We explosion. A. obtained and refer you to the inclosed slips from the enen)y's newspapers. for the State of Illinois. and taken without resistance. Rains. taliation. on the held as a prisoner of war on this condition in 9th of August last. with the indorsement.] Hailing a man from the barge. to operate with the "IIozo. Brio. The enemy estimate the loss of life at lifty-eight killed and one hundred and twenty-six wounded. [The following letter. For I the Prosecution. but when I remember the ordeal to which our own women have been submitted. I seized the occasion to hurry enemy. resigned who as Lieutenant-Colonel of the Fifth Regiment of United States Infantry in 1861.without other succe. to go to Canada. and our persons made known and forward with my box. the expedition. She was boarded on the 17th localities. the objects of our original expedition. who is now We reached there before daybreak. The magazine contained about twelve pounds of powder. I approached the enemy advanced. I Majors left St. In the meanwhile we operated on the James. He has. H. we returned to means and equipment furnished me by you. I am acquainted with his handwriting. the signature to the indorsement now shown to me ie in his handwriting. A. I succeeded in passing Smithfield. and he did not condemn it. federate States navy. Q. Finding Captain had come ashore from a barge then onr plan of operations discovered by the at the wharf. THE CITY POINT EXPLOSION. and also to a understood that Colonel Barrett held the position. J. Diliard. or Order of American Knights. you. in the enemy's statement. K. and whose services I engaged for September last.in Warwick River. but we have reason to believe it greatly exceeded tiiat. and I presume went there by way of Chicago. —Jwie S. At the inCity Point. was well acquainted with G. My own person wa-* severely shocked. Its effect was communicated to another barge beyond the one operated upon. We I left this city 2Gth July last. stance of the Captain she was bonded. Hinds. and gave it in his charge. in the natiire of security there discharging stores. I Mr. for the line of learned that a vessel (the Jane Dutfield) was the James River. and crawled upon our knees to pass the east as the weather and moon co-operated. The scene was terrific. and. (enemy's. in the providence of God. Being halted by one pursued by troops landed from their boats at of the wharf sentinels. . a party of ladies. Will you state. since then been Brigadier-General in the rebel service. to the bond. of the Sons of Liberty. and with the This being accomplished. and. catastrophe was not intended by us. December Ifi. we deemed it best to suspend operhim by representing that the Captain had ations in that quarter and return to report to ordered me to convey the box on board. provisions. joined a volunteer party K. but I am thankful to Providence that we have both escaped without lasting injury. which afford their testimony of the terrible effects of this blow. having traveled mostly by night. It is saddening to me to realize the fact that the terrible effects of war induce such consequences. The pecuniary damage we heard estimate*! at four millions of dollars. if the answer will criminate you in any way. Davis ficcmed fully aware of what we had done. R. I put the machine in motion.

Alabama. j about eight hundred copies. which necessarily implies December Ist. W. Secretary of War not all. That advertisement was published in the Selma Dispatch. (0 remain in the enemy's lines as long as we could do so. and satisfy the world that cruel tyrants can not live in a land of liberty. It was in the handwriting adjutor. the Ohio. was then read by the Judge Advocate. and am a port could be made until the parties returned. and the supposition was strong. 1864. 18(54. lstj4. The day following.' If this is not accompliehed. and also his co. If the citizens of the so-called Confederate States. nothing will be claimed beyond ' Johnston. but I trust this conduct will meet your approval. for his extreme views on the subJohn Maxwell and R. by my authority. and an account of their proceedings. to have Peace by the eervice. and was in the liandwriting of Mr. The array clipped from the Selma Dispatcli. of course. Wm. Bains. K. — MILLION DOLLARS FOR ASSASSINA. Dillard were sent ject of slavery and the rebellion. W. Secret /Service.to was set up. J. I will cause the lives of Abraham Lincoln. McDANIEL. for some such purpose. remember seeing an advertisement published This succinct narrative is but an epitome in that paper. and Andrew Johnson to be taken by the 1st of March next.PROPOSALS TO RID THE COUNTRY TION. of Colonel G. C. "OF SOME OF HER DEADLIEST ENEMIES. but. Bu. and exchanged with most. my December \ 17. June 27. which is supposed to be necessary to reach and slaughter the three villains. Graves. an oflScer on the . Richmond. to indicate that he was the author. Captain. as far as I remember. and was responsible I am lamiliar with his handwriting. the Richmond papers. and gave Selma Dispatch in December last. K. December INDORSEMENTS." John Cantlin. if Gayle is a lawyer of considerable reputation. and am a printer. signed "X. Dillard. The Selma Dispatch had a circulation of five times. RAINS. Alabama. His signature was on the manuscript. headed. H. and. tremendous explosion occurred at City Point. myself.-*esion there the records and archives of the Confederacy. having seen it frequently in articles Brigadier General^ Sup't.. They of the Southern Confederacy will furnish me were delivered up by General Joseph A. purporting to have been the State of North Carolina. Respectfully forwarded to Brigadier-General Z. 17. which he was readj' to deliver on General Schofield's sending an otficer to receive them. and await further orders. :] — — with the cash." JOHN MAXWELL. and as an by Captain McDaniel into the enemy's lines ardent supporter of the Confederacy. Mc- Daniel's Company. For the Prosecution. R. N. A letter was sent to General Schofield at Raleigh from General Johnston at Charlotte. For the Prosecution. Seward.: MILLION DOLLARS FOR ASSASSINATION. I was engaged in the office of the which they did on Wednesday last. 1864. vour obedient servant. Secret Service. ^'December 1. Fob. no reI reside in Selma. for the advantage of this kind of of Dollars AV^anted. Mr.. at Charlotte. —June 27. I reside at Selma. and is distinguished. G. one thousand dollars toward this patriotic purpose. This will give us peace. printer. It was inserted four or at the date named. and offered in evidence with which I have been connected captured "One Million Dollars Wanted to hate a variety of boxes said to contain archives Peace by the 1st of March. Every one wishing to contribute will address Box X. with remark that Alabama. D." I saw the manuscript John Maxwell is a bold operator and well from v/hich the advertisement just testified calculated for such exploits. Captain Company A. presented you in detail the operations conducted under your orders and the auspices of your company. or good securities for the sum of one million dollars. First of March. Very respectfully. as soon as the W. The material unused has I have thus. of Cahawba. May 22. B. 51 in the sum of fifty thousand dollars advance. with it. Va. Gayle. Cahawba. Alabama. for it. I am well acquainted G. Present. even in Respectfully forwarded. of his operations on James Kiver. the manuscript passed through hands. stating that he had in his pos. been safely concealed." bearing date of their operations. "I will give. Treat For the Prosecution. and have recently been on duty in JThe following advertispmrnt. of Captain Z. Maxwell. that it was done through their agency. Ala. as well as their own preservation. on the 9th August last. Gayle. I was foreman of the Selma DisI am Chief Commissary of the Army of patch in December last. For Hon. Keport of J. "One Million fecrec)'. Colonel R. we had published before.

having served in the time of the old Congress. Harrison. deadliest enemies. 0. 18tJ-i. Yesterday morning received at the War Colonel Treat. 1 am. to rid my country of some of her W. very respectfully. and their contents have undergone an examination by him. and having no command at present. I shall expect your full confidence in return. Eckert. Virginia. who was recognized in the Wax BURTON CAMPBELL. S. were of John A. Acting Assistant Secretary of my . narrowly escaping two or three indorsements thereon. May 26.390.. will permit. within the jurisdiction of the Confederate By order.xes Department from Frederick H. also. I will proceed. Secretary of War Campbell. G. times from being retaken. to the best of my knowledge and J. WHITE SULPHUK SPEINGS. Both the university. of you is to favor me by granting me the 1864.. J. erate States of America to rid Dear Sir: I have been thinking some Now offers his services enemies. Va.: : 52 THE CONSPIRACY TRIAL. gomery. Your obedient servant. Alston. by direction of the designs. I am perfectly familiar with the North. tured. of the Fifth Congressional District of Alabama. Judge INDORSEMENTS. etc.arrival. HARRISON. Some of these boxes. Hall. I made Court of the United States. by striking at the very Private Secretary. If you do this. T. to have an interview and explain. Va." I took this letter.] [The following letter was then read and offered in eviIs lieutenant in General Duke s command. 1864. Chamberlayne. by my direction. having taken the yellow fever. 1. Morgan. I shaped my " Respectfully referred. 1 liave examined the out througii the mountain.the country Asks for of some of its deadliest time that I would make this communication papers to permit him to travel within the to you. to travel on while A. heart's blood of those who seek to enchain her in slavery. All 1 ask Recorded book A. — May 22. in the handwriting of Burton way around and through the blockade. and feel confident that I can Lewis W. rebel Assistant Secretaken prisoners. President. and delivered them at the VVar Department to Major Eckert. 1 reside at Richmond." is. to the Honorable Secretary of from whence. Campbell. in order to perfect the arrangements before starting. Sulphur Springs. From the box marked "Adjutant and InspectorGeneral's Oliice. A. from whence To his Excellency the President of the Confedhe found his way back. Alston. while being taken to prison. I am just For the Prosecution. Frederick 11. Letters received July to December. necessary papers. From that point 1 brought them here. execute any thing I undertake. containing the archives of the so-called Confederate States. certain bo. Been in bad health. but escaped into Canada. etc. Government. are personally acquainted with my father. orable having such a' tendency. I attempted to pass of Jefferson Davis. Hall. Let me hear from you soon. and the indorsement. at Bermuda. While so acting. For I the Prosecution. have been opened by Mr.tary of War. Alston. If I do any thing for you. I consider nothing dishonReceived November 29. 1 desire that you favor me in this a short time. Holcombe. but Harrison. Dressing myself in of Burton W. MontA. all. [No date. and if you will favor me in my Respectfully referred. with that my escape from them. P. Lieut. Lieutenant W. by direction of the course north and went through to theCanadas. A. W. excepting about three or I became acquainted with the handwriting four. of my command. and two commissioned officers. returned now from within their lines. I am anxious to be doing something. wlio received tiieni ami broiiglit tliein to Kaleigli. — W . and educated at War. being in garrison. have opened certain of the boxes delivered to Major Eckert. I would like to have a personal interview with you. by the assistance of Colonel War. in the its was reared up State of Alabama. I now offer you so on account of ill health. ALSTON. dence:] Accompanied raid into Kentucky and was capMONTGOMEBY. the Prosecution. and the impossible. and his assistant. my services. but finding that letter of Lieutenant W. but have been deterred from doing Would like jurisdiction of this Government. and late Judge of the Supreme tunity. I —May 22. purporting to contain the archives or records of the War Department of the socalled Confederate States. W. I can render you and my country very important service. William J. or nearly all. I and all of the Confederate States. I am a lieutenant in General Duke's command. Major For T. December 15. to the Honorable Secretary of War. but finding a good oppor. and have and 1 was on the raid last June in Kentucky been on duty as a clerk in the War Department under General John H. as soon as my health President. 1 have been rendered unfit for service since I General's staff was sent to Charlotte. A. G. for attention. the Private Secretary the garb of a citizen.. in the years 184y-oU-51. 1 succeeded in making my belief.

You will proceed. lieutenant in the provisional aid. that he had employed twenty or thirty counsel in Confederate States of America. C... appeared as counsel in behalf of the Government of the United States. G. in regard to movements in the States contemplated by the rebel authorities. from the Clifton House. he represented that the persons engaged in this raid were acting under the authority of the All those who Confederate Government. The volume entitled "The St. Secretary of War. I became acqirainted with Jacob Thompson. Clay. witness on the part of the defendants. acting as counsel in behalf of the bank and the United States. Thompson and Clay for instructions. and for their acts at St. B. Clay. was also to^ " army for special service. The other indorsement. Albans raiders that took place I William C. Albans raid. He said that they had their plans perfectly organized. [The following was then read and put in evidence:] Command Albans. which he. I heard a conversation between George N. who was I knew in number. SEDDON. together such Confederate soldiers who have For the Prosecution. collect Colonel Martin Burke. Detroit. and others. June 16. and I am able to swear that this is substantially a copy. though it might defer them for a time. I have no personal knowledge of their real authority. and the customary rations and clothing. Cleary was examined as a rebel cause. Albans. Vt. or the commutation tlierefor. He made other statements in connection with the case.intended to furnish himself. In the performance of my duty there. N. Young : Lieutenant: You have been appointed temporarily first to be acting as an agent Confederate Government. and any preparation that could be made by the Government to prevent them would not. to accommodate his friends and attorneys. Young. printed at Montreal by John Lovell. the original of which was given in evidence at the trial. Edmunds. as you may deem suitable for the I had purpose. the Prosecution. in Canada. A. 53 Office at Richmond as the private secretary to obey implicitly their instructions. John's." contains. > Richmond.") Canada. Cleary. May 29. or Investigation into the Charges against Lieutenant Bennett H. W. Clement C. Young. G. I reside at Burlington. I was in Canada during the judicial investigations in connection with the St. John's. in the handwriting of Judge Campbell.. Bennett H. Albans raid. He said that it was not the last that would occur. and others of that circle of rebels. They assumed to be officers of the Confederate Government in defending these raiders. vulgar expression) would be killed. and that Mr.nt. for attention. Vt. Edson. A. George N. New York.COMMISSIONS FOR RAIDERS. Mr. Young. You will. may be intrusted to you. a copy of a paper marked R. and other places. You and your men will receive from these gentleof Jeft'erson Davis. COMMISSIONS FOR RAIDERS. but was satisfied with it. You will take care charge of him and had him hung. I saw there George N." Va. Campbell. but would soon see the plans wholly executed. and others of that clique. George For F. June 16. that he had hired a house in St. L. S. on the 19th of October. men transportation. George N. I made a memorandum in my diary of this conversation at the time* In speaking of the so-called St. examined the original very critically. PLOT TO BURN NEW YORK CITY.sing a course. JAMES "J. Albans. whei-e you will report to Messrs. Benjamin. on page 216. produced that document as his authority for the acts he did at St. Jacob Thompson. under their direction. without delay. "By [Signed] is order. At the recent trial of the St. and will execute such enterprises as hanged in New York in March last. and am counselor at law. Kennedy. "A. and in my hand a confession made by him in — . not exceeding twenty Robert C. testified stood upon that defense. He said that he had retained the counsel who had acted in the case. on the part I of the defendant. and that many Yankee sons of (u. —May 27. but they were notoriously underBtood there to be the representatives of the Mr. who was on trial. Sanders. and I have no doubt it is a literal one. Sanders.. Clay. Clement C. and am an attorney and counselor at law. the Prosecution. J To Lieutenant Bennett H. Clement C. Vt. A. Va. escaped from the enemy. Albans Raiders. and the burning of many other towns on the frontier. but it would be followed up by the depleting of many other banks. and men ready to sack and burn Buffalo. Henry For I reside at St. Sanders said he was ignorant of it before it occurred. — June 10. to the British Provinces. compiled by L. Sanders claimed of the so-called War Departmf. I hold to commit no violation of the local law. and had deferred them for a time. 1864. Sanders and other parties at St. 1864.

There was no fiendishness about it. that he would never deceive me. Done in the presence of went to Canada. and where they and was arrested in the depot. he received an intimation that most troops. he said he wanted to confide to me an expedition.000. pected to die then. We We . a my day or so before liis tion. I was to take them to City. while we were watched by the de. was to retaliate on the North for the atrocI am a native of London. at the Queen's Hotel. I did n't notice the signal. He setting fire to my four place. was lodging. Tammany Hotel. and if I had. we had been in New York three weeks. I to speak to me. M. Had they all ate. And J. he jumped from the money I got for the clothes.eral Government held possession and had the Confederacy. ing the city. I had no idea of doing it. it would he wanted me to take a certain quantity of have been all right. of course. or of a night. and to sell them on a hot day the detectives were on the lookout for us. than if 1 was to take one hunthe office nearly all the time. and pledged his word. England. enough vvlien I crossed the bridge in safety. and was working for the rebellion. ing to go on an expedition. as a knew it would n't set fire to the wood. where there were most troops. giving me a signal. at least $100. and I asked to go with him. and was glad derclothing into the States. During signed to set fire to the city on the night of liave lived South nine or ten years. where I met a number of Luai-Coi. About the middle of December.execu. but now it seems rather clothing. After I told him I would not care if I did. just to scare the people. In retaliation for Sheridan's atrocities in [The following was then read and put in evidenco:] the Shenandoah Valley. a private room. Jr. reading the dred thousand soldiers to reinforce General I pledged my word that 1 would go. where the FedJust before enter. Hotel early in the morning. nor did I ask for any. some time." hut gave no intimaI tion of its nature. but moved into Prince burn I was introduced to him by the Rev. Toronto. He I had been drinking. the Belmont House. and dispose of hard. and played a huge joke on the fire de. and it was put off until Canada. I know that 1 am to be hung for eral service. Godfrey Joseph Hyams. coats. via Detroit. 10:30 P. I was stopping at 1863. although that would. not the lives of women and chilCOXFESSIOX OF ROBERT C. while we at the South are bearing. but It was deities in the Shenandoah Valley. and then ran off. consisting of shirts. BURKE. to Norfolk." said. rus was not ready. and started with my friend for the South as I could possibly go. KENNEDY. 1 knew him by sight previously. concluded to give the whole thing up. They if it is in the service of my country.s. MARTIN HOWARD. . and. and at one time ship. 1 followed in its train. — — . I replied. "Yes. the Presidential election. to return to my com. of whom two fled to Canada.Washington mand. my services. and the New England House. dren. "It is all right. Freemason. but the phospho. have Afler my escape from Johnson's Island. children was the last thing thought of H'e told me I should have $100. and went to the Exchange by it. that it did not nmtter wliat and. done as I did. He asked me if I wanted to go South and setting fire to Barnum's Museum. I said I went. serve the Confederacy. I set fire to four places Museum. They asked me if I was willConfederates.>th of November. $60. We . wish to say that killing women and would be most effective. There were eight men in our After party. and as far I desired. He then told mc I ex. The others hut before that had had no conversation I knew that he was a Confederonly started fires in the house where each with him.000 for wanted to let the people of the North understand that there were two sides to this war. them by auction. but we sat in Government. of whom the hotel was full. and get more honor all met and glory to my name than General Lee. emptied a bottle of phosphorus on the floor.^ all the hardships and privations.some men who had escaped from the Fedpartment. lie wanted He took me up stairs to a friend. friend and I had rooms there. in Street. and then come I awav. Dr. I made the acquaintance of Dr.if I could do any good tectives. we were told that the object of the expedition For the Prosecution. we desired to destroy property. and went in there with then told me to come up stairs. but that was only a joke. but kept on. I walked the said I would make an independent fortune streets all night. and unI escaped to Canada.'comfort.Lee. we would have had thirty-two Blackburn was then about to take South fires.the past year. Maj/ 29. liowever. I have resided in Toronto. Lovcjoy's Hotel.000 of it directly afler I and that thev can't be rolling in wealth and returned to Toronto but he said that would presence. papers. dispose of tliem in the best market. and offered his hand in friendfor we had tried it before. Blackthe 2. March 24. My and be of more assistance to the Confederate there that morning and the next night.. was then sent to New York. I had just to cars. in Barnum's Stewart Robinson. where I staid INTRODUCTION OF PESTILENCE.

1864. I put tliem on board the vessel that day. I objected to taking it. on the 12th of July. small-})0x. The next morning I went down with Mr. All these goods. Blackburn it was dated fever. 1864. four to a man by the name of Myers from eteaitier Alphia. according to the them to this city. the care until Dr. it. There were two vessels there running to Boston. The gooils in the valise. Hill." I went to Hal. out. my wife had a letter for me from Dr.a big lot to sell. Preston. and he stowed them Hill told my . him that I had some presents in trunks. I was to inform Dr. and repacked them. and he told me to scrape them off. and remained under his and chew it. and get some strong cigars. Mr. and worked on until the 8th day of June. Wall would go with me and get the goods off. I was directed Carolina.INTRODUCTION OF PESTILENCE. and to make a private room. Hill had a private conversation. and refused get together about a million dollars' worth to do it. and be sure to keep money to take me to Montreal. I was to stay in Toronto. which were intended for President Lincoln I understood him to say. Slaughter. Mr. and mentioned that I had disposed of some told him I had got the goods ofi' the steamer. for me. and there got trunks.000. it was on a Saturday night. satin dresses. which Dr. by way of caution. The Captain and Mr. I turned over the goods were on board the steamer Alphia. where 1 received them. asked The letter instructed me to proceed from Montreal to me before leaving if I had had the yellow Halifax to meet Dr. Hill had a private conversation witli Captain McGregor. and on my saying "No. and when I returned home. and there he was going to take to Newbern. then went to see whom We Captain John O'Brien of the bark Halifax. of this city. Stuart Robinson had left in passing there. he told me. wliich he said were see him. I I then went around to Dr. commission merchants in this city. I did so. L. etc that I wanted to take to my friends. and he would telegraph for me. he sent to the gave me some cigars that he said he had Farmer's Hotel. Dr. and that Mr. and asked told me. he consented to take them. not be a circumstance to what I should get. smoothed them which I did.. and arranged them. as it was in contemplation to coln. Blackburn. and he refused to take the goods. inson. 1864. and brought thenr to Baltimore. who keeps a tobacco manufactory in Toronto. and they had been smuggled in from Bermuda. and other contagious diseases. I was to give him a twenty-dollar gold piece for smuggling them in. and expressed them to Philadelpiiia. as a donation to President Lin. North got eight trunks and a valise. and put them in of goods that I wanted to sell. and when the Captain came out. He was then staying at the Halifax Hotel. He said he had some goods which nard's steamboat wharf. and went out to see Dr. He advised me to borrow from Mr. . The vessel laid live days at Boston before he could get a chance to get them off. when I was making arrangements. gloves on when handling the things. and make arrangements with some captain of a vessel to take them. Tie told me that the five trunks tied up with to Wall & Co. as Co. The trunks had Spanish marks upon them. I would turn them over to him on commission. directions contained in the letter.disposed my goods know that I would have ing letter. and if I moved anywliere. Dr. I went to When I arrived in this city.. consisting of silks. I then took three of the trunks of goods and dispose of them in this way. was to destroy the armies or anybody that they came in contact with. I read the letter. officer. with an accompany. to a gentleman by the name of Alexan. He told me to keep quiet. Some time in the month of May. and I was to make an arrangement with either of them Dr. and go on with my legitimate business. were very much rumpled. but he finally succeeded in getting them off. which away. Blackburn arrived. Stuart EobiiisoM where I went to. You must get some camphor der H. and I told him that I had a lot to take them to my hotel. that I should let the parties to whom I and send it by express. Blackburn arrived in the strongest you can get. Hill to the vessels. had been . I might make ten times $100. bought some new I went down to Montreal. me if I would take the valise into the States. I put them in Mr. Doran's the best market I could for them. had beer carefully infected in Bermuda with yellow fever. W.catching it. Hill would go with me the next morning." he said. Keith.division. enough [ 55 to smuggle the trunks into Boston. "Havana. brought from Havana. Blackburn stated that his object in having these goods disposed of in different cities. I then took out the goods." He Dr. I had been out to take a pair of boots home to a customer of mine. that he did not want to furnish any means to commit an overt act against the United States Government. the second told me to get an express wagon and take it down to and the valise around to his hotel. May 10. a sutler in Sigel's or Weitzel'a Cu. Blackburn. the captain of the first vessel to we applied. Blackburn ropes were the ones for me to take. where I was staying. private sitting-room. and he told me that strong enough for any thing. and brought money from Mr. jr.. I went to my work. until I heard from him. Blackburn and also told bin) I would shortly have more. 1864. or write to me through him." You must have a preventive against ifax. When & Boston. Roblie said I asked him what I was to do about he said lie did not know any thing at all about it. and that the second officer on the steamer five of the trunks to Messrs.

I went up to when he gave me Dr. Young. etc. I took it up to show He then said he was as "Big No. and the next night. and from Holcombe and Clay both — He shaking hands with me. it will kill pay me any thing more.s there was one that sales. as soon as I got into Canada. L. as he said told him what Dr. W. but that he would go to Mr. Hyams. and he would give me the .my services. but he would not stand the business in which I had been engaged. and went straight through Bank. which I did: "Received of Jacob pox. He asked me how I had disposed of the goods. I there met Dr. The next day I been sent to the President On the five trunke that I turned over to wrote to Messrs. it did not matter which. could give me. perfectly satisfied I had done my part. Blackburn had promised me for iny safe return. Dr. instead of a working-man and ernment had appropriated $200. between 11 and 12 o'clock. When with a commission for Bennett H. and the balance due me. but it is against Dr. and I afterward heard that it had Dr. and rode off to some races. He then said that the British authorities had knew of the business in which I was engaged. I did so. As Dr. Clement C. that I needed some this. when 1 returned he would get the money for them at sixty yards' distance. Wall & Co. Blackburn's request.56 THE COXSrillACY TRIAL. Blackburn's letter. as long as big No. Blackburn. I wrote to him at Montreal." That was about the ilth or 12th of August last. fever that was then raging in Bermuda. Holcombe They told me 1 should be a gentleman had both told me that the Confederate Govtune. They both rose. I went to Mr. "Yes. Albans raid case. I went to the Clifton House. in he was going on there and that as soon as he Blackburn wrote for me in the spring. infected botli with yellow fever and small. Clay. Preston lent me $10 to go to $100 whenever it was shown that I had made self On arriving at that place. on until I got to Hamilton. I do not know that Dr. and congratulated me upon which Dr. Blackburn. who was staying at the you have sold the goods. said. They seemed perfectly to under.. Niagara.balance. Slaughter to get the every thing I had was gone. and never gave me any more satisfaction. I looked out of I was in bed at the time.'^position of the goods according to his Montreal." I tlien told the expedition. they knew all about it. Luke P. of Washington. and turned it over to him at the Halifax Thompson he sum of $50. on account of Hotel. in Dr. Said he. that my family needed money. Blackburn. as he had ConfedBlackburn said that erate funds with him.. Blackburn's direction. Young. and that he and Mr. He Preston to take me to Montreal.000 for the a mechanic. the window and saw Dr. Dr. from either Holcombe or From the Doctor that every thing had gone wrong at Thompson. Holcombe and get some." said he. waiting-room there I met Mr. He then got into his carriage at the door. . I will give you the Donegana Hotel. and came back lie would see me. Mr. I came down and let him in. Mr." which he said 1 must be sure to Colonel Thompson. of. desiring them to send me an account of the Among these five trunk. abusing him. of course. Wall & Co. I immediately gave me a check for $oO on the Ontario "Received I gave him a receipt: left Wasliington. I got an advance of $100. and upon my making a for. Holcombe. On disposing of the trunks. Blackburn came up and knocked at the door of my house. . and open the door. '" that is all right. and I told him. when you show me that to Mr. Dr. he Jacob Thompson the next morning. shook hands with me. and I wanted means to take me to Halifax. in full. and had only $2") that he He said that I had better go give you $jO now. Slaughter money to pay ujy rent. 2 went into Washington. that at Toronto. Blackburn had been there. " Come down. Holcombe and account of Dr. and to have sold in AVashinglon. I think. my home in my absence. accorddi. for the future. that ing to the directions I had been so long away from home that letter. said he would go to Colonel Jacob Thompson me at Hamilton upon my safe return." 1 told him I needed money. Blackburn told me he had no money with him then. and that 1 had better telegraph to him. you're like all damned rascals who have been doing something wrong you're He was in afraid the devil is after you. I and make arrangements for mij to draw upon thought. and congratulating funds. and told me to borrow the money from Mr. he did not want to commit an overt act and had made arrangements for me to draw against the United States Government himMr. to be used in his defense in the St. Blackburn had requested me to telegraph to him. In the from Jacob Thompson $100. and until Dr. As I wanted money before leaving for the States." I told Jacob Thompson of the large sum Mr. and that he had no treal money to give me. Blackburn had said. "I will was short of funds. stating that I had returned. Blackburn was at the Donegana Hotel in Montreal. and told him I wanted some money.purpose of carrying it out. solicited his services in attending to the yellow but he took good care of me while I was the fall. He said I had written some hard letters to him. Stuart Robinson him for any amount of money I required. When I was always spoken of by Blackburn to me received their answer. He said. Dr." He asked me to give him a This valise I declined taking charge receipt. and that he ought to send me some but he made no reply I was then sent down to Monto my letter. Canada. Blackburn returned from Bermuda. Blackburn there." company with Bennett II. " Well. Holcombe told me that Dr. 2.

1864. When I first opened the trunks I was in doubt about the money I had advanced being a safe investment. and war tax Cash. I told him that I wanted some money to take me to Halifax. such as the men sales. Harris came to the store late one evening.'. When 1 came to Washington to dispose of the goods. I only took enough to make up $40. For the L. under which name I did J.. per balance $100 no 14 29 28 61 $142 90 S142 90 The shirts I bought were tossed into the W. T am an auction and commission merchant In August last. I left in your care fifty five trunks. held the rank of Lieutenant-Colonel. on account of ill health. of this city. Salf. After I had been there received at first. morning.^pital. etc. 90 " 5. from excessive duty. were sold the next morning. which he asked me to sell. J. the meat was stoiiped. purchased by Stoigler & Seigcl 9 coats. and asked him if he would sell them the next The clerk told him he would. rotten. Wall & Co. and we only received it occasionally. I entered the I United States service A. of town. Tlieu they took the bread from us. He said he had some twelve dozen shirts and some coats. what they called corn-bread. I have not been able to go to the States since. I was a prisoner of war. W. I supposed him to be a sutler returning home. I judge. and bnsiness calling me to Toronto. from the loth of June. Cash Com. C. last month. and gave us — — itliout Yours most Care of Post-office respectfuilv. were tolerably fair. On the 1st of September he wrote from Toronto. was kept there two weeks in ho.: : : STARVATION OF UNION PRISONERS. I shall come over in Occeived no answer. about four a loaf per man ounces of meat. Prosecution. the expiration of two weeks my health someI was then compelled to what improved. duty. he said. I was captured near W^inchester. W. exposure. one loaf of bread allowed at first Tliere to was two men half and. but of the very worst character. purchased by Smith 2 truuks. I beg most respectfully that you will send me an account of sales. on the 15th of June. he asked me how much I wanted I told him as much as would make up $40. trunks. 126. as follows Messrs. While Major. Occasionally they would disI sent him the following account of the tribute some few potatoes. on the Martinsburg road. confined at Libbv Prison. Toronto. I went to the hotel and sent up my oalance. my and told my book-keeper that he had eome shirts that he wanted to sell at auction. to be sold at auction on the next morning. HARRIS. store. with some five or six thousand pairs of boots and shoes. . as Lieutenant of the Fifth Maryland VolunThe money was given him. etc. Brenner. a Derson named Harris called at STARVATION OF UNION PRISONERS. Holcombe had heard of my name. Esq. Mr. and the balance of the money W. 1864. and he sent for me to come up. Wall. and about three spoonfuls That constituted the ration that we of rice. and served until the 31st of At the time I quit the service August. — May 25. while I was out in this city. and. and the shirts teer Infantry. % shirts. purchased by Walker 3 trunks. — May 29. 57 J. trunks promiscuously.s on Account of W. about four months. For the Prosecution. and at the time of my capture I was in command I was captured by General of my regiment. nothing but the miserable corn bread that they gave us. business with Wall & Co. and that it had not been worn. but such as they gave us containing one hundred and ' fancy woolen shirts and twenty-five coats. In the month of August a man named J. about the 10th. to the 21st of March. but it I have was of a very coarse character." but as I did not want that much. of the rebel army. name. $134 40 4 50 1 . W. I put up at registered my name as the National Hotel Harris. fi. . Salome Marsh. E well's corps. for an account of sales and the balance of the money. .. . purchased by Hand Wm. Libby Prison. Habeie. and sold them They were packed in five the next morning. which was on the 5th of August. I was taken to Winchester. tober. I was somewhat sick at the timQ of nAy capAt ture. I advanced him $100 on them.. but I have receeds. For the Prosecution. but a close inspection of the clothing showed it to be new. service of Mr. and a check on New York for the proI have written before. and I supposed the packing had been done in a hurry. "You had better take $50.'^O 2 50 SU2 April Sept. 1863. 1864. the 5th of August. march to Staunton in a feeble condition. I was then in General Milroy's command. During last summer I was a clerk in the Wall. —May 29. in 1861 Harris then asked for an advance of $100. Auction and Commission Merchants Gentlemen: On Friday. and was incarcerated tliera The rations we received there when I first arrived were small. known the officers there to be without meat for two or three weeks at a time. and on the road was treated very kindly by the I arrivcil in oflicer in charge of the squad. and receive instead Box No.

and was sent to the hospital. lSf)4. and would gratjp at any thing that was offered them in tlie shape of victuals. During 1 remained there some few weeks. the keeper of l. and took the oath of alleciance lo the United States. I noticed that.i. wo to the high position of Mayor of Canvas. of proper nourishment. I waa I suppose 1 had been in that hospital about months. the quantity given could not possibly support life for any length of time. it was very coarse. When we went there first. They were in an emaciated condition. sistant Surgeon in charge of the officers' department of tlie hospital I forget his name. at Fort Delaware and other places. they were eager to obtain something to eat. We tauiiht many poor fellows to read and write who men. . United States service for two years and ten On the l-')th of June. al. the rebel Commissioner of Exchange.. at least from eight to twelve died the first night I asked the Asthey were brought there. There were l. out for us in Libby. Fourteen months of my imprisonment wrro harsh character. and I am satisfied that the prisoners brought to the hospital died simply of neglect.is released. and cause those two men had escaped. out a morsel to eat. and take us back . S. and with. and loaf of wheat-bread. in the I'nivorsityfatal step of of Vir^nia. May 25.Conrt'deracy. written reply. June 21. over $. better than their prisoners were receiving in our prisons. as I can German." anci was charced with the duty of maintaining law and order among my iivnui coniradet. and very often we had to live on that and water alone for days at a time. ''It is too danjned good for you.\LTIM0KH. 1865. spent as superintendent of a prisonen>' school at Point Colonel Powell spoke to Turner in regard Tliis school had a library of . Ureek. we had half a ways insulting in his remarks whenever he had occasion to speak to any of them. I am satisfied from their appearance Out that they were in a starving condition.1..lH«i pupils ami . and removed us to that cive the following extract from a letter receired by ns room while it was in a wet condition. Subsequently. and a letter was eent to General Ould. two wt(. I officera — starvation. as i\ear. was from and as such distributed — — — — • . wrong to punish a parcel of sick and dying had never understood such mysteries before. The con- dition of these men was horrible in the extreme."* The only opportunity 1 had of knowing furnished by the C. and with that was wrecked on tho 'L«o' shore. The only reason pri. of a squad of forty that were brought in. THE CONSPIRACY TRIAL.'"uis of rice. tauRht His reply was. be" I was taken prisoner on the 25th of January. and the treatment we received there man.'itment he had inflicted upon those mostly school books."00.>. 1S0.k8 more b^d. and about two tablespoonremove us from that place. 1S64. for the diet. Libby Prison who was a very passionate Prison.was simply awful. 186. to the tre.V)teachColonel Powell said he thought it was ers. between three and four very ungentlemanly took it into his head to ounces of meat. The seeing those men that were brought to tlie hospital while I was there. that they did not receive the nourishment that they'ought to have for such men. " Thus 1 have passed sixteen lung mouths a prisoner terward I was promoted ' t'ity . much of a gentleman what was the matter with these men. and rebel authorities for their treatment of LInion was quite ill. He stated that their condiFor the Prosecution.(100 worth of goods. baked in a rough condidition. stating that our treatment was good enough. though in a totteiing and feeble condition. We were seci'ssion. would call a full ration. The lield as a prisoner of war until the 5th of June. " did not confine ourselves men for tiie sake of two who had attempted We Uut we all the Knglish lo iiches. " I was appointed agent for the distribution of snppliea recollect. and very insulting to the officers. two weeks when two of the officers made taken prisoner. though i^ome of the officers who were in the • • • South Carolina took the hospital were in a dying state. as a punishment. iation he was very kind to us. and were in a state of starvation. I was confined in the Libby their escape. to the lower branches. Afthe treatment enlisted men received. for the prisoners at Point Lookout. That was continued for about He had a room washed to Libby Prison. and asking that we should reGeneral Ould sent a ceive better treatment. signed by Colonel Streight.000 volumes. and the want of propter food ol This continued for some held a meeting there in regard to the treatment we were receiving. without cot. complaining of our treatment.during tlic progress of this trial "B. 1 think. I cast in my lot with the Southern remain there twenty-four hours. al. French. and their whole appearance indicated tiiat they were suffering for want of food.soners. and to ahow how Confpd•rato prisoner! were treated in " Korthcrn " prisons. that I could hear from the was taken sick with the dropsy. Latin. of the * In contrMt with the above. tion was owing to the want of proper treatI have held the rank of Captain in the ment. Iiookout.'>00 for work. when treatment generally to prisoners was of a very I w. though. and was exchanged on the Major Turner. The corn bread which they gave us was corn-meal and bran. and mathematics through triKouomrtry. As to the quantity of food given us. proper want etc. my stay in the hospital I saw some enlisted men brought in from Belle Isle. to escape. When I had been there some five months. I was placed in that wet room and compelled to having an LMiKagt-nicnt which would have paid nio *. who was chairman of the meeting at the time.: 58 could hardly eat time. a man might possibly live on what they gave us at although it was not near what we first. "WhenIccturiiii. or any thing else to lie upon. and very Frederick Memmert. — was that it was a matter of retalthey said that their prisoners were treated in a worse manner than we were.st of May.

although we ehowed them the bread we got. and. and they abused us 1 went to the hosin every way they could.STAKVATION OF UNION PRISONERS. so that tiiey could not fail otF. and told them When I came home I weighed one hundred we received no meat. We sent a communication to Judge Ould. four months. who had charge of the and island. for eight or nine days. I saw them lying. any. I lay there two months without ever putting am The bearing of the keepers of the prison my tiie head under shelter. were refused permission to bury them. he said. volunteered to work at shoe-mnkiuir and building a furnace on the island. after that the treatment was very bad. it don't make any difference to me. H" I had the command. What the hell have I to do with it?" When I told him that I had nothing to eat. to my knowledge. I wish to kill you oft". and the wounded prisoners from the West were brought in. and told him that we did not get any thing to eat. not more than one thousand yards oft"." Benjamin Sweerer. or about ten ounces. I had the scurvy 80 badly that I could hardly walk. Not having fuel enough to warm us. and was refused permission. After the battle of Chickamauga. which he sent to the rebel Secretary of War. asking them to give us our money. the rest were just on the naked sands of the island. and the prisoners who were brought in looked awful. I saw them starving to death a)id. Turner His words were. — May 25. served out for a hundred men. and seven days at Scott's Building. "You can not have any. and you have no business to come down here. which was very seldom. I oners were caused mostly by starvation. and have not the strength I used to have. Their contiition was the re>iult of starvation. and the hogs eating them. in fiealth is one hundred and seventy or one I do not think I could I went to Turner once and told him I hundred and eighty." I spoke to Lieutenant Bossieux. of meat. there were twenty or twenty-five ambulances not in use. who was an inspector there. and I have been sick pretty much ever since. A great many of the prisoners. where we were kept. and of which Colonel Irvine. helped to carry out from ten to fifteen and twenty a day. we had had nothing but cornbread and water for twenty days. had a meeting. about half of whom were provided with shelter. liad the scurvy. wanted to get some medicine. He said. in onier to support themselves. though I have now recovered. We . and we had not half enough in that way from the depot to the hospital. although right opposite Libby.) that we might have something to buy food with. they stopped the meat for five or six days. at vvliicli Colonel Streight presided. was Secretary. I can not find any word to describe how tliey looked. who was afterward our Assist ant Exchange Commissioner. but the others had given theirs up. and could hardly walk. After I had been there four months. me would hang every God damned one of you. the biggest part of which was bone. The prisoners were very much reduced and emaciated by this treatment. Seddon. and that pretty nearly gone when I left. J guess. Color-sergeant of the Ninth Maryland Regiment. and little of any thing and twenty-three pounds. and was held prisoner at Belle Island for over five months. . also spoke to a committee from their Senate that was appointed to go througli the Libby and examine our condition they reported favorably. my ordinary weight else. pital two or three times when our LieutenantColonel dieil. but they would not do tiiat. (which they had taken away from us when we came to the Libby." We once remonstrated with Dick Turner. We received for answer that they could do notliing for us that it was good enough for Yankees. the keeper of the prison. after they were dead. I wae ting worse. and that they could not help us in any way. and it was never returned. For I the Prosecution. we spoke to him about ameliorating the condition of the prisoners. "That's good enough for Yankees. The treatment of the prisoners was brutal. I guess. and corn-bread with the husks ground up in it. a little beans and rice. We then sent another communication. There were about thirteen thousand prisoners. Our prisoners are just as badly treated by your fellows as you are here. 1863. I was captured on the LSth of October. that it was in accordaiKie with the orders he had received from Major Turner. I asked myself. We . to be allowed to bury our prisoners. came up. and a great many of them 59 We . At the time I left Libby. I left Libby. There were twenty-five pounds to live on. At this time we got half a loaf of cornWhen bread. We often had no meat Jbr twenty days. When Turner. although it was in was rough and insulting. and they were carried winter time. I saw the men freezing to death on the island. the keeper of The deaths of the pristhe rebel prison. and a rope tied around them. and not provisions enough to live on. and kept it there. that I was get. and gave us bread and water. and no money to buy any thing. . I the doctor would not give said he had not got any. outside of the intrenchments. I still feel it. as a favor. I had my money hid under my shoulderstraps. "That's good enough for you. that their prisoners were treated just as badly as we were. I saw some fifteen or sixteen amputated cases placed on a cart. and how things were. about the treatment of our men he told me he had nothing to do with it.have lasted a month longer there.

do not know.and was full trees there. they took my shoes out to us were of such a character that no off. were sent each man half a pint. or average as many as si. but con. For the Prosecution. Where we were confined there was no shelter and no trees. and other sonville some time in February. and sold. socks. I remember Howell Cobb visiting Andcr. with a hill on each side. but they did not seem to that brought on their sickness. but they said they did the best and Captain Wirz was in command of the they could -for them. and then they starving condition and from the amount and took my money and clothes. When we first went there. in reference ville. with no shelter whatever. and put into his man who was formerly the Secretary of the own house. some reference in his speech to a plan on out. .x or eight of the pri. they would bring a wagon on the ground. treatment. they gave medicine. threw all the dirt and garbage My present home is in the State of New that came from Andersonville. They got no of stones and one thing and another. eleven niontiis and twenty-tliree days. but they did not seem to care. Wirz took himself. Medicines. and the water we were obliged to drink ran through all this York. I lay there for length of time. and was captured by the cnemv on the 7lh of May. I had nothing character of the food served out. pants. and a little vinegar. These pills corn-meal and some bacon. As to hand to burn and plunder Northern cities medical treatment. and whatever they had. about nine or ten o'clock. there was nothing at all The heat in the open sun was very intense.725 of the prisoners had died. diarrhea. He made some very bitter reTreasury.5UU not It was the rations they got us. there were on an — . whether we got any or none. .consisting of blankets. THE CONSPIRACY TRIAL. although there were plenty of pine woods about there. he was the number 1 took from the books myself. pitch-pine pills for Every morning. At the time I wa. shoes. and there were thouof the prisoners was very bad it killed them sands in the same fi. I was a prisoner of war at Andcrsonville. Once in a while The money that was taken from the prisonwe would get hold of a good piece of bacon. There was pitch-forks. and.soners shot every day. These deaths were to be put into the wagons with long wooden caused principally by starvation. which was all alive. Georgia. Whether this was designed or not. sent to Andersonville by our Government. All they would give swamp. I was a private in the United Statea 6Ilh. they were turned into a swamp. or anytliing else. A committee from the prisoners was sent to Captain Wirz. and rotten. in respect to this. it was said. that As to our treatment. he would be shot. last us twenty-four hours. and were stripped of all their clothing. They had to a hundred aday and one day one hundred could go witiiin fifty feet of them. hats.there by the Confederate Government. lie is the things. in a speech to the rebels. money. of any benefit and the water was very poor indeed.x The men would ditt The deaths averaged from sixty there in the morning. Of the corn-n)eal. and thirty-three died. of course. You Charlks Swkeney. TJie treatment of the prisoners was poor indeed. and two ounces of ba.s there. and they did not care a interior of the prison. blankets. they starved. and was captured by the rebels twice. When I was captured. there were about thirtytwo thousand prisoners. when I left Andersonmarks. them was pitch-pine pills. There was a place a little way above yito For the Prosecution. I enlisted in the service of the United Stated in April. cobs and all. but if tiic authurities liked to do belter able to be moved. and he said he did not care a damn whether the water ran through the garbage or not. when they were carried off and some remonstrance addressed to the rebel put into the trenches. The provisions served it.60 William Ball. ers was never returned to them not a cent of but that was not often. they probably could. with tlie head-ache. and pitch-pine pills for the scurvy. 1S64. This was to greenbacks. which they. could get water by digging down half a foot. The treatment of the prisoners in the hosThe encampment was nothing but an open pital was very poor. to our prisoners said that was the best that could be done for anil there were at that time about 1. — . It was said the reliel soldiers were rewarded with thirty days' t'urlough for shooting a Yankee. — May 25. authorities by the prisoners in regard to their Colonel Gibbs was in command of the post. Up to March li4th. 10. and when they I remember he maile got sick they could not cat the stutf served care much about it. and by night nobody off rapidly. May 26. 1 service. 1S62. they were sold by the doctor in charge for and a half spoonful of salt. were made out of the pitch that runs out of the which was ground up. it would not but a pair of drawers and shirt for nine be possible to sustain human life for any months in Andersonville. who was in command of the interior of the prison. and I walked bare-foot on the pike from man would eat them unless he was in a near Waterford to Gordonsville. caps. If a man would stick his nose half a foot over the line. rancid. and I never heard of tlieir wantonness in shooting our soldiers being rebuked by the rebel authorities. Clothing that wai damn whether the Yankees died or not. this whole nine months in the open field The effect of tliis treatment upon the health without a bit of shelter.

The effect of this stinted diet upon the health of the men was very injurious. rethe stockade. and when I got up I could hardly walk. and seemed to be encouraged sun. The water was very poor. and our allowance 'was very At Belle Isle I liad less to death. and the rest of the stockade wnll be in the graveyard before long. and asked him to see him. Ga. I was con. a raid. three wide. the way the war 61 preached up to the guard the was going on. Andersonville Old Captain Wirz told the guard that they must shoot every Yankee caught with his hand or his head over the dead-line. boiled rice and boiled bacon.of March. but after I got over starve us. around there were only old men and boys He said to them. and they would long. of wliich I spent two months in Belle Isle hos. they said. it was infected by the garbage and filth through which it short. I understood. — . I had a little money that I used to gather about the camp. destroying him I would. take an oath to that Government. took me back. He time at Savannah. though there was woodland all around us. I heard. could not eat their corn-meal. about six months at " You see this big graveyard Andersonville. I got out of the hospital. and I bought some extra and traveled that night in the swamps and provisions. he had nothing to eat. with a with the exception of the shooting of our ball and chain and at Wirz's head-quarters men inside the inclosure by the guards. fined two months and ten days at Libby. For I the Prosecution. and I have done it. who was For about eight days. amount of food was not sufficient to sustain and I was sick in the hospital. I had a brother at Andersonville. kept running down till they died. "Keep good At Florence I heard some hard threats courage. very sick and dying. I never knew of a man being affected me so much that the next day I was rebuked or punished for such shooting. where we were was chopped out of it but we were all exposed. their country. The heat during the day was extreme. We We . that I was put in the stockade all day in the hot occurred often. in Georgia. but the bacon was pretty After August they began to cut strong. caught me. C. and Charleston and Florence." ran. or had no watches or trinkets that they cape and get to Sloneman. and what they gave him. but I could not get enough to feed him on starved. was a prisoner of war nine months and two days. and once in a while got a litFor about six weeks I do not tle rice soup. —May 26. He also said they would hang Old Abe if they caught him. "No. I I made my escape. but he said. The stockade. He all said they come back perish before they would Union again. and that for every man shot the guard would get a furlough of thirty days. so they used to kill our men as though they were brutes. would to the James Young. the fingers. without any shelter. but in the life for any long period of time. Tlie first time I was taken prisoner.. and for six days I could neither eat nor Andersonville the general report in camp was drink any thing. who was making could sell. but the nights were cool. At Charleston I was imprisoned about three and took me back to Captain Winder. and made four good. The sun by the officers. I can not do it. to eat of corn-meal. miles. The ration of bread for the day was about four inches long. S. The guards second time I was a prisoner fifteen months. He weeks. all those in the pital. they caught me. It is God only who has let that the rebel authorities offered their men a me live this long. clear up to my neck. I had some money." as they called I told us. near Richmond." . . We and he lay in his tent and went to the doctor and told him my brother was dying. and kept my health tolerably mud. ceived worse treatment at Florence than at and gagged me for six hours. thirty days' furlough for every " Yank" they General Cobb came there on the 4th day would shoot inside of the stockade. believe I had a piece of meat as big as ray two When I went to the hospital. down our ration." Our cavalry were raiding. At the greater portion of the rations were cooked. At sick. with my arms stretched out. in retaliation. told them to put me in the stockade. He to my knowledge. they said.STARVATION OF UNION PRISONERS. stick to your Government. was three thousand and forty-four. and two thick with that we got about two or three ounces of boiled pork. but in a very inferior way corn-bread and mush. never made against the "Yanks. my brother said. if we were all going to be starved we were held long enough. for it was not fit for a dog to eat.that never knew anything. bread was a little better. The number of deaths for August. It was very Andersonville. were exposed to the sun. The pickets. The cold. and got less rations. as he supposed Old Abe would hang him if he caught him. I was confined in Andersonville. they were wasting and dying all the time. however. Men that month of June I was able to be up. Before he died. For about four or five months after I got to Andersonville they gave me a pretty good 1 had all I wanted ration of the kind it was. and I bought a few biscuits for him. He expected than half a pound of bread a day. and I were destitute of any little means of their thought I would try again to make my es.own. but there was very They pretty nearly starved me. were treated very well there. little meat.

and in March. ing. I heard rebel officers approve of the kind of treatment we received. the Prosecution. told me he was going to see General Winder about the guard. —May 25. and that if we succeeded in getting into the city. subjected. I learned also from the officers who accom- been up the prison and the prisoners. was on duty at Libby Prison. they would blow up the prisoners rather than liberate them. Thel ground was a little raised. S. and the quantity very small. or the Major Turner said he Secretary of War. —June 10. I heard him say. out was about six feet in diameter. I also heard a ner. 1864. we were informed. On being taken to Libby. Erastus W. powder was there. war for six months at Andersonville. about the size of a barrel-head. "It is good clerk at the Libby Prison. that if Mr. in many cases. we were told or near it. when taken into the hall. I was away at my uncle's the night prisoners who had escaped were pursued and the powder was placed there. It was always spoken ofJj The place that had been du£ as the torpedo. by starvation and the horrible treatment they received. was B." The in the army. in — Ma\/ 22. and at other prisons until the 10th of December. The powder waa put to death. location of the camp at Andersonville. on the 1st of July. Lieutenant Reuben Bartley. RlPPLE. John Latouche. I remember Captain ment. we had to go round a place where there was fresh dirt in the center of the cellar. The excavation made waa elected.men at the prison. Ross. was acting under the authority of the rebel War Department. charge of the fuse. 1 never saw it. seemed to show that the Confed. General Kilpatrick waa the arrangements to which the prisoners weje making a raid in the direction of Richmond. it was kept in the office who went after them say that some of the safe. and the whole building was then shut The prisoners had all been sent to up. It remained there while we were in the dungeon.there secretly in the night. occasioned. Seward also. Macon. and for some time after we were taken up stairs. and I heard some of the men but I saw the fuse. the keeper of the pri. — May 25. the United States service since 1862. For I liave the Prosecution. He told me that the eay something to the same effect. Lincoln were re. and never served enough lor you. to regulate the details of the guards of the military prisons there. and In March. I was conscripted and detailed as a Wirz saying. THE CONSPrHACT TRIAL. 18G1. I erate authorities intended the infliction of all saw the place where I was told the powder possible suffering. I post duty in Richmond. as if the dirt had been dug out and put back again.son. 1864. that that was the place where the torpedo had been placed. was in the service MINING OF LIBBY PRISON. The powder was secretly taken out in May. he would not live lo he inaugurated. had lieutenant. It was directly under the center of the prison.About that time the prison was mined. previous to near the place to prevent any person's the election.approaching it. A pack of blood-hounds was kept at An. it was in the At Millen it was somewhat better. Major I Turner. A. I suppose the powder was placed there bj the authority of General Winder. who was in charge of the guard. the commandant of the prison. without doubt. though I never saw any written orders about it. The guard would allow no person to pass over it On inquiring wiiy. that the place had been mined. in the Tliirty-Ninth Illinois. got only half a pint of corn-meal daily. and from two to four ounces of meat. L. dersonville. The result was the prisoners died in large numbers. 1864. For 1 the Prosecution. short of putting the men was buried under the prison. by one 'of the colored it the next morning While at Andersonville I knew Quarter. as a private. I was confined in Libby Prison from the 3d of March to the 16th of July. First Lieutenant in Company Twenty-fifth Vii:ginia Battalion. and was told of torn by the blood-hounds. of the rebel Governgood enough for us. The character of the food furnished to the prisoners was poor. Ga. and if the army got in. that it was put there for the security of the prisoners. On his return he told me that General Winder himself had been to see the Secretary was detailed to . middle of the building. and to Mr. it was to be set oft" for the purpose of blowing I I entered the United States service. Major Turhim. they said it was We panied and had charge of us that the torpedc was buried there.G2 LlEUTEXANT For J. and the earth lie said that a party North would attend to was thrown up loosely over it. on the I was a prisoner of 28th of October. 1864. There were two sentinels master Hume. and that the fuse was to set it oft". C. I wish you'd all die. The next morning we were taken into a dungeon in the cellar part of the buildIn going to the door of the dungeon. Rebel officers and others told us that the prison had been mined on account of Colonel Dahlgren's raid. For the Prosecution. Georgia. and since August the 3d have been in the signal corps.

York. I see in the account. 60 p.] is The "$10. Inter. 1861. in the name of Benjamin Wood. Esq. 3 days sight. Eastwood. at his instance. exchange at our bank. time.000 bank but once. Wood. a one as I had never seen before. For the Prosecution. showed it to us in his Thomp. and the banks of New York. note down to the office. Bay that. about as much as the two kegs. A hole was' dug in the center of the middle basement. There were two kegs. I believe. about the beginning Wanted from the Ontario Daok. S. he would have blown up the place. The item. paid. to whom the draft bank. Thompson was frequently in the habit of drawing moneys in the name of an officer of the bank. Thompson's credit News. and I understand from the cashier it has been were his orders.. from that fund. twenty-five thousandof D. covered over with gravel. l. Benj. They were understood to be the financial agents of the Confederate States at Liverpool. aa an officer of the bank.. Mr. The Benjamin Wood. Major Turner At three days' siRht. the erased. and the owner of the New York The moneys to Mr. Stanus. the original draft for the $25. 4329. so as to conceal the person for whom it was really intended. $180. never heard mentioned. in current funds. was handed to the witness. on the inscription. S. good deal of Thompson's exchange was June 16. Wood. but we were not have knowledge of his account with our acquainted with the use they were put to. was put in evidence. which may be used anywhere. I believe. was 6th of April. and a box which contained. Esq.) and my name. entries of funds that were used for the purpose of exchange on New York and Among the dispositions made also on London. 4. by Jacob Thompson. Co. and charge the same to account of thii At Mr Thompson's Benjamin Wood was being struck through name of pen just there. Montreal. to whom I either gave I afterward heard Major Turner or sent it. WOOD DRAFT.000. the powder was bronglit. of Liverpool. and the powder was put down of Tlie 63 [The requisition. War. \ 1 To the Cashier. and General Winder sent a blanch. charge of the fuse.: : THE BEN..000" underneath the $25. (the worth of United States funds. was drawn for. and the face of the bills. having been read. I forget the exact word. Favor BeDJamin Wood. on for amounts were Canada. of about twentv-tive poundvS each. John H. It It reads office. H. in New York. as testified to by Robert Anson Campbell. and that they were going to put powder under the prison. Aug. made of gutta-percha.000. I did not see an}' I have in my hand.] I found this draft in the hands of the payee of the City Bank. powder. 10th August. A — formerly of Mississippi. 10th. 2 cts. Large officially acquainted with Jacob Thomp- THE BEN. Surratt's name I A. on Frazier. having been read. For 10. was a long fuse.SRl. D. Trenholm &. I think it was. S. Rev. dollars. already in evidence. Canada.0W. Deliv. that the draft might be negotiable level with the ground.son. B. I understood him to say that those South. so that there is no indication. it having been obI placed a sentry over this tained from the cashier of the City Bank in fuse to it then. so that no accident might occur. such THE ONTARIO BANK. U. which remains undrawn to this day.M. $2S.000 request.000.Y. No. Ex. except from the bank or the locality I am assistant manager of the Montreal branch of the Ontario Bank.329.. is. please pay to the order went South. was put in evidence. . and the place was without putting any other name to it. or Order. New York. just came beneath it. Eastwood.receipts. in the event of the raiders coming into Richmond. it. ing requisition: John Wilkes Booth purchased a bill of Montreal. and made a deposit at the same On N. who has some time been sojourning in teller. Campbell. I Bank Check. drawn in that way. New Manager York. S2. and tlie next day Major Turner. he showed it to everybody there. [Jacob Thompson's bank account. of Congress.000. who had for which that requisition was made by Mr.«)0 I do not know of his liaving been in our current funds. out of the Libby building proper to 'the value peceivcd. was delivered into my hands for the inspector of the prison. when put in. City Bank. and all the prisoners were sent Eastwood. with directions to take up the powder as privately or as secretly as The note possible. 1865. the member BOn. of October. written immediately box. INDORSED Pay to the Hon.000. the purchase money in gold of $25. Daniel S. I suppof^e. [The draft. a copy of which was presented to this Commission by Mr.] accrued from the negotiation of bills of exchange. In May. our assistant was made payable. I on which the bill was drawn. WOOD DRAFT.5. drawn by the Secretary of the Treasury of the so-called Confederate States. paid in accordance with the follow. In the evening of the same day. bore that This is a copy of Jacob Thompson's banking account with us. was issued in deposit $25. c. to show where use was to be made of the funds. 15.

I submit tant witness by the prosecution. [The $25. late editor or assi.ssion. and.] [The bill of exchange was here banded to the witness. who has openly violated the obligation of his oath. therefore. and that himself as a witness before this Commi. was not ojected to. countrymen. and also with his handwriting. an officer to fire upon a rebel party. He have no doubt it is his. H. and lie comes with troducing General Johnson It will be recollected that Mr. be ejected from the Court as an incompetent witness on account of hi<3 notorious infamy. that the motion will be Government Since that time. Russkl. 30. President: It is well known to me. and he.is in the handwriting of Benjamin Wood. —June —June 16. Prosecution. of a person's having borne arms against the has openly borne arms against the United United States disqualified him from becon)States. I move. on the grounds I have . or James B. therefore. nourished. the person who is now introduced as a witi)K8es. and that. and his testihe is notoriously infamouB. It is well known in the army presented to the Commi. and am familiar with his hand. General Howe said:] Mr.State. since that time. Wood writing. has been recently managed Cross-examined hy Mr.and protected by the Government. of arms against the Government. Aiken. that the officer shall take the That one who has been educated. He was at that time ber of Congress of the United States. had never of tlic law as an incompetent witness. Aiken.designed any insult to the Commission in inas a witnc-ss fore this Commiission. that this man. judge of the highest criminal court in the I am was here handed to the witness. and killed I regard as the hight of impertinence. his hands red with the blood of his loyal here. Mr.stated. and. Merritt. in violation of his solemn oath as a ernment. has taken up ernment. At the I date of this bill Benjamin Wood was a mem. General Ekin.atant do not remember any drafts cashed at editor of the Richmond Examiner and the our bank in favor of James Watson Wallace. was educated at the National Military Academy at the Govern. because taken the oath of allegiance. On appearing on the stand. party fired upon. Abram D. thereHe is fore. and his faith as an officer. Edward Johnson. I Georgh: Wilkes. and to very many of the officers of the army. Surratt. City Judge for the City of New York.000 draft I am acquainted with Benjamin of the City of New York. was editor and proprietor of the New York member of Congress of the United States and News. 1 regard the that it is a condition precedent to receiving gentleman clearly incompetent as a witness. Jett. it can not be charged upon me. for years he held a commission in the army of the motion. For the. I was not aware that the fact ous to all the officers of the army that the man who is introduced here as a witness. struck down. to second the ment expense. I have heard. a commission. I have no recollection of the names. sir. and to administer the oath to him and present his testimony. by John Mitchell.] signature at the back of that bill of The indorsement on this bill of exchange exchange I should take to be his. shed by him or by his assist. is but an insult to the Commission.who has also borne aims against the Govance. acto this Commis.THE CONSPIRACY TRIAL.adopted without a moment's hesitation. oath of allegiance and fidelity to the Gov. To offer as a mony. so he told me himself The paper. I rise. that I in the hands of the Government. it is notori. at that time.ssion. that Edward Johnson. ISr S E MAY VON [Edward Johnson was called as a witness for the defense on the part of Mary E. and his faith as an officer.sion that he stands in the eye cording to his own statement. For 16. witness a man of this character. The DEFE TESTIMONY TO IMPEACH STEINACKER. and an outrage upon the administration of justice. brought here now as a witness to testify be. should present which this man was a member. was introduced here as an imporman. in In 1861 it became my duty as direct violation of his oath. editor and proprietor of the New York News. and loyal men that were in the service of the I trust. except when he has been a prisoner iiig a witness in a court of justice. Ricliraond Enquirer. I am acquainted with Benjamin Wood of New York. the Prosecution. Richard Montgomery. and I am glad the question is now United States.

that this witness is encampment was near Orange Court-House. 1 was captured at Nashville about I the 15th of December last. and I never heard his assassination alluded to by any officer of my division as an object to be desired nor did I ever hear. [The witness. in which I have since remained. at present. of. testified as follows :] am. VON STEINACKER. and therefore I presume it will not be seriously objected to. technically and legally a competent witness. and if he was what he represented himself. 1 know nothing I withdraw the objection. he must have been convicted by a judicial proceeding. by my rank and name. This Court can discredit him at anv time in your camp. of the Stonewall Brigade. of a secret association called the Knights of the Golden Circle. the rule of law on this point is. and if the record were here. 1863.tial would be the only competent evidence of pable of testifying. that before a witness can be renderd so infamous as to become absolutely incompetent to testify. General Kautz. parol testimony of the fact is the best that can be offered. I tendered my resigUnited States army. under an engineer officer of my staff. I attached him to headquarters. . Aiken. an engineer and draftsman. with whom he acted as draftsman and assistant from that time until he he may be. Boston Harbor.question. ordered off to my division at I was then Fredericksburg. The record of such a court-marclare him an incompetent witness. while in the South. Under these conditions he enlisted. Aiken. and made application for a position in the engineer corps. graduated at West Point Military Academy in 1838.TESTIMONY TO IMPEACH H. In the month of May. Virginia. a second application to me for a position. I would put him on duty. and assigned him to special duty under an engineer officer. Mr. and received notice of its acceptance in June. It was not in my power to give him a position. but was not an officer either of the engineers. the staff. fall short of that conviction affect only his Q. Orange County. I do not think For the sake of the there were any courts in Virginia in those days that could legally try a dog. and an engineer by education. Cross-examined by Assistant J uuge Advocate Bingham. or on my staff. All evidences of his guilt that left. and inca. ginia Infantry. but if he would enlist himself as a private. or reputed to belong to them. I have been a Major-General in the Confederate States army. Soon after the battle of Gettysburg. Von Steinacker was a member of General Blenker's staff. Aiken. My rank at that time was that of Captain and Brevet Major of the Sixth Infantry. On The Commission sustained the objection. He was a private on engineer duty. or He belonged to the Second Virof the line. as Major Johnson. I then went to my home in Virginia. No. told me that he was a Prussian by birth. I am acquainted with the man who went by the name of Henry Von Steinacker. Captain Oscar Hendricks. what? but I do not think the rule of law. at the camp of the Second Virginia Regiment. for just as far as they please upon that ground. but he also told me that he was a deserter from the United States service. This he ? Mr. would not impart any verity. and. sir. 1863. and the record of his conviction must be presented as a basis of his rejection. [ character of this investigation. and was in the United States service till the breaking out of the rebellion. for the sake of public justice not for the sake of the person introduced as a witness. and never heard of him till after the assassination of the President. our Judge Advocate General. . is The Judge Advocate. If it please the Court. and he He afterward made left me that evening. and in a few weeks I entered the Confederate States service. Under the circumstances. I do not know that H. and applied to me He for a position in the engineer corps. a man accosted me in Richmond. would authorize the Court to de. I nation in May. I told him I could not give him a position of the officers of the Stonewall Brigade. 1861. which was one of the brigades of my division. it credit in either. is 65 not a volunteer witness. however unworthy of conviction. Since February. and with the rank I had borne in the United States army. I object to the understood. confined at Fort Warren. on the Capitol Square. and in about a week after my arrival there this man appeared in my camp again. but for the persons who are at the bar on trial I ask the General who makes the motion to with- — — draw it. nor have I ever known of any one belonging to them. I never knew of any plans discussed for the assassination of the President of the United States. a United States prisoner of war. as now Judge Advocate Bingham. I never saw John Wilkes Booth. or that he attempted to desert and had been apprehended. being duly sworn by the Judge Advocate. though he told me he was. I think. any secret meeting General Howe. General Wallace. if so. or Sons of Liberty. as a private. he told me he had served under me as a private. and never heard of. ] the statement of the Examined by Mr. Was he the subject of a court-martial credibility.

provided tliey accompany acts done in the prosecution of such an object. and Ramsey. I know a man named Von Steinacker. The rule in regard to declarations in cases of conspiracy is. — . but there is one thing I beg him to notice. Wilkes Booth. Lincoln half I desire to say. — May 30. he was in the Second Virginia Infantry. and their gallantry as soldiers. to my knowledge. DocGLAS. shown to be the declaration of one of the conspirators and when the declarations are those of a conspirator. I have never heard of the existence of any secret treasonable societies. June 5tli. During the last campaign I served on the Generals Edward . to which For the same the prisoner was a party. as also letters. it altogether depends on the credit of the narrator. I have held several commissions in the Confederate States service. —May 30. move that the cipher letter evidence. that he Steinacker acknowledged to me. self by that name in our camp. and remained prisoner for nine months. and on the staff of otlier general officers of the Confederate States army. take place in that camp. I do not know of any secret meeting being held in our camp for the discussion of plans for the assassination of the President of the United States. the Stonewall Brigade. Early. but 1 got a letter from him. K. in which the prisoner is engaged. In the tirst place. I did not see Steinacker in camp after I returned to duty. and therefore it can not be received. or as to the share which other persons have had in the execution of a common design. organized for the assassination of the PresiI never was a dent of the United States. member of the Knights of the Golden Circle or Sons of Liberty. But where words or writings are not acts in themselves. or was going to be done. At the battle of Gettysburg I was wounded and taken prisoner. am acquainted with Henry Von SteinI acker he was detailed to ine as draftsman shortly after General Johnson took command . and that reason it be so entered upon the record. If the Court please. it was in cipher. it is a declaration not only of some person who is not shown to be connected with the conspiracy. it is testimony that is wholly inadmissible under the plainest rules of evithe iiandwriting wasl It is not signed dence. The letter is as completely unconnected with the subject of investigation as the loosest newspaper paragraph that could be picked up anywhere. but some declaration connected with an act done in furtherance of the common design. declarations or writings explanatory of the nature of a common object. that I do not believe they knew any thing about it. the evidence is not within the principle above mentioned. I really is a twofold one. acts occasions. consultations in furtherance of a conspiracy are receivable in evidence. Walker. who is not before the court. and I employed him as such. H. Examined by Mr. reason. but it is a declaration of some person whose existence nobody knows any thing of a nameless man. my last was that of Major and Assistant Adjutant-General. nor did any secret meeting of officers ever. 1 am not acquainted with J. For the accused. I never heard Richmond that President Lincoln ought to be assassinated. EwixG. it was not shown at all that it was traced to anybody proved or charged to be connected with this conspiracy. I never saw a person calling himthe actor. page 289: "In like manner. that their integrity as men. and to bear upon its face the evidence that it is so. Mary E. that while that limitation which he Mr. be rejected as testimony. arising naturally out of these acts. Surratt. Mary F. I wish to say of the . oflBcers of that brigade. Assistant Judge Advocate Bingham. together with others. not proved. The rule is very succinctly stated in Benet on Military Law and Courts Martial. Pegram. or that it was in the possession of anybody shown or charged to be connected with this conspiracy. and other papers found in the possession of CO conspirators. and its translation. accused. but a mere relation or narrative of some part of the transaction. are receivable in evidence. Aiken. Aiken. ." In this case. nor part of the res gcsim. and which the jury may not unreasonably conclude were written in prosecution of a common purpose. being not merely a declaration of what had been done. or in the least degree sympathized with so unrighteous an . of my divison. they must accompany some act of the conspiracy. I served as engineer officer on the staff of General Edward Johnson. He had neither the rank nor the pay of an engineer officer. that they n>ay be admitted when they are declaraThis is not tions of one of the conspirators. believe the letter to be fictitious. in I introduced My . where plans for the assassination of President Lincoln were discussed. would forbid them from being implicated in any such plot as the asand in their besassination of Mr. For the THE CONSPIRACY TRIAL. nor do I know of any of the General's »taff being connected with that it declared in organization. Surratt. and not being in the nature of a subsequent statement or confession of them. or drafts of answers to letters. Examined by Mr."^tatfof six general offiers — Johnson. on several was a deserter from the Northern army. Gordon.j 66 OscAB Heinricus. there is a great deal in wjiat the gentleman says that exactly states the law of conspiracy. In the second place.

If the Court will allow me. and yet the gentleman knows very well that upon principle it has been settled that a letter written and never delivered is admissible upon the trial of conspirators. Assistant Judge Advocate Bingham. Written by a co-conspirator. or the other hired assassin. in the very vicinity of Newbern this infernal thing is found floating as a waif on the waters. Of course. In the first place. which itself is the growth of centuries namely. Upon one of them the lot has fallen to go to Washington. Chester after such facts as these are proved. no objection ities in Richmond. and allowed the letter to be read to the Court without objection. Cox. or a letter that has never been delivered. was in Canada. Suppose it had been found in possession of Booth. as the cipher letter shows they must do. ha8 named obtains in regard to third persons. 1864. Hudspeth. The counsel for the defense have had no objection to the exposure of those machinations. The whole of the evidence of this description of a secret character heretofore has been evidence relating to the contrivances and machinations of the rebel agents in Canada. because the detectives are on their track. EwiNG. or after it is shown to be completed. during the month of October. very hard that a man is to be aflected in the remotest degree by a letter written by another who is not upon his trial. some rules connection. There is a rule in connection with this that can not be challenged. that was on the track of Sherman. suppose it had been found in the possession of Booth. either on their own responsibility. Mr. as they crept into the tent of the Commander-in-chief of your army and murdered him. in North Carolina. In that conversation they disclosed the fact that they are conspirators. and gathered from the other facts in proof in the case. I know. who are numbered by fifties and hundreds. addressed to him through the post-office. bearing witness against these villains. you find it proved.— DISCUSSION ON THE MOTION TO KEJECT CIPHER LETTER. to hire the assassins— to go to Washington to strike the murderous blow in aid of this rebellion and what of the other? The other has been ordered. in the prosecution of a conspiracy. that Booth. about the 14th of November. But the fact that it was written by a co-conspirator is patent on its face. 1864. and. before it is shown to have been organized. It is alleged that there are conspirators here There are facts here to prove unknown. beyond any question of doubt. in my judgment. plotting this assassination with the You find that declared agents of this revolt.self Therefore the counsel were taken by surprise. the counsel for the defense took it for granted that it belonged to that general class of evidence relating to the machinations of the rebel agents in Canada. I desire to submit a word in support of the mo- When it was tion made by General Ewing. I say it is evidence. that one of them was to go to Newbern. are admissible in the trial of those who are indicted and upon trial touching the conspiracy. The point about it is that he is an unknown conspirator. which had been generally admitted here without objection. until the letter was read before the Court. instead of being sent by hand. — — to come from somebody in immediate cor»- nection with the act of assassination it. and that is that the declarat'ons of parties who are neither indicted nor on trial. according to the testimony. that every declaration made. Although you can not prove the writer of it. if they desired to submit objections to its introduction as evidence. there are two principles of the law touching conspiracy which are just about as old as the crime itself. Newbern. Mr. proof of this sort against these unknown conspirators. without even inspecting it. to carry out the conspiracy. North Carolina which became the doomed city afterward among these conspirators for tlie importaAfter the introduction of tion of pestilence. or in connection with the authorTherefore. after he had so plotted this assassination with those who had weighed him out the price of blood. their only concern has been to show that their clients were not involved in them. The foundation has been laid for the introduction of it . announced that a cipher letter was about fo be offered in evidence. is always evidence against the party himself Tliere is an allegation in the charge and specification that this conspiracy was entered into with the parties named. as they had a right to do. of law that draw very harshly on conspiraIt may seem tors that are engaged in crime. to go to Newbern. and with others unknown. with one of them who is now v/ithin the hearing of my voice. at the dock in Moreliead City. 67 Allow me to say one other word in this There are. which could only speak from the time of its delivery. will any man say that it would not be admissible in evidence against him and everybody else who conspired with him in this infernal plot? What difference does it make that it had not reached him. Mrs. he is in the City of New York. that it purported . he is in conversation with one of his co-conspirators. Mr. whether it is in the formation of a conspiracy. as detailed by the witness who was present. The letter is found in the vicinity of Newbern. he is on his way to Washington City for the purpose of hiring his assistants. and as old as the common law. was made to the introduction of that evidence nor was it perceived. which is also a mode of proceeding known to the administration of justice wherever the common law obtains. to creep into his tent and murder him. as Booth himself testified when he was trying to hire with his money a man who could not be hired to do murder. The rule etated by the learned Judge Ad- . I say it is admissible in evidence.

in general. no matter who wrote it. as far as it goes. He is. In regard to the remarks of my learned friend who has just spoken. that tlie conspiracy must first be established between the author of the declaration." Friday. and Old these conspirators were flying from the city Abe is in hell. 68 THE CONSPIRACY TRIAL. and he forgot himself. Mr. it is not evidence? It is makes his final argument. which accords exactly with the cipher found in Davis s or Benjamin's possession at Eichmond. and asking the Court to decide a part of the case at one time. thereis admissible in evidence. in cases of conspiracy. But. The against the accused. when it is before the Court as evidence. The letter is <lated Washington. is intended to mean Booth) "has posed contradiction on the face of it. I think the Court will perceive know any thing about the contents of t.s. it is so ment. comes from an unknown person. a letter from somebody connected with Booth in tiiis conspiracy. is a matter of argument to the Court. oral or written. although that is a matter for argu. In support of the motion of my learned friend. this this letter it ergo. his tongue certainly tripped. in Baltimore. let us evidence. and let first be shown. and if it had been established that this letter emanated from somebody between whom and any one of the accused the conspiracy had been established. Cox. work of conspiracy was to be done that very night.among his co-conspirators in Canada. Assistant Judge Advocate Bingham. But there has not been a ])article of proof produced to the Court showing that the letter did emanate either from Booth. yet this letter assumes that he had done the work before. by other proof than the declaration itself. and Court. where a paper was found relating to the conspiracy. by any for the very purpose of being picked up means. at least by prima facie evidence before the Court. and the looks as if it had been written and dropped day of the death of the President of the in the water immediately before it was found. Friday.) Is there any contradiction here in dates. I asked liim. and let here. 1 submit that the letter was read and admitted in evidence by surprise. that it is it. it seems to be the logic of the other side.hi8 that it does bear on its very face the marks letter? Who has proved that he was in of fabrication. or any one of his as. it must be first him account for the uses he was making of shown whose the handwriting is. to produce a single authority that showed any such limitation. lie is safe. or fact? Did not Abraham Lincoln there. and it is proved that " Pet" the letter is clearly inadmissible. he had it. The letter is picked out of North Carolina at the time of the flight? the water at Morehead City. as a question of evidence. April loth. supposing it to be made in the prosecution of the conspiracy. and another part of it at another.sociThe logic of my learned friend on the ates. and until that is proved gentleman said that "Pet" is referred to in the letter. "Pet" (who. to be used as but that is what is on its face. That is about the substance of it. written evidence could not be admitted without proving the handwriting. but that is subject to this limitation. and the party accused. it is not legitimate evidence. Every thing about it is suspicious." That was Friday. no more blurred. It which is the day after the murder. is comes from somebody unknown. for him to say then to the It is competent . United States." "We had a large "I &u\ happy to inform you that Pet has meeting last night" (the Friday night when done his work well. are evidence who were engaged in this conspiracy. "Pet had not got or time. If the Court will look at the face of the is the name by which Booth was known letter. in case it is fairly before the Court as proved by Coiiovcr. Will the gentleman say here that because we did not prove who wrote the cipher that was found in Booth's possession. that it was written in Washington by the Government agents. It does not follow. whether oral or written. than any paper on this table. I submit to the letter fore it Court that this is chop-logic. and therefore should be so entered upon the record." but I object to commencing the argument of the case in the middle of the trial. done his work well. This letter was found on the premises really the production of somebody whose under the control and occupied by the enemy. " You are not entitled to consider this evidence . He says the charge is that these accused were engaged in a conspiracy with somebody unknown. other side seems to be this: It is sufficiently established. Assistant Judge Advocate Binohaji. when he said that." Of course he had not got there when die on the morning of the 15th of April. Now. then the declaration may be offered in evidence to show the scope and design of the conspiracy. and was to get there "yesterday. and when a letter is produced him account for his possession of it. That conepiracy being first proved hy evidence aliuride. that the declarations of conspiratort* are admissible in evidence against their co-conspirators. How would Conover evidence. declarations. It declares that. that Booth was engaged in a conspiracy with some unknown persons. I see whether there is any thing of this supsuppose. I think. Tliat is a new system of practice. however. day. The rule of law is that the author of a declaration must no matter who wrote it. unquestionably it would have been evidence against the accused.. That." " I was in Baltimore yesterfor their live. I have only to say that the motion of the learned counsel will come more fitly when he tlie vocate is undoubtedly true. Not all the logic. and challenged him. and read in evidence.

but that assumes the whole question. Mr. Cox. and appearing to have some bearing on the conspiracy itself Assistant Judge Advocate Bingham." Wlio knew then about the oath ? It is all abund"And you will antly proved here. corroborates the fact which I assert. and yion constat that the letter may not have been written the very day when it was found. monster as he is. are not Btatements of facts. exknow who Eed cept a co-conspirator? Shoes was. "Pet had not got there yet" Where? At midnight under cover of the same darkness yesterday. If he had got the benefit of the trains. was a party to this conspiracy a fact clearly enough — . That is the fact that he states. nor a matter known to anybody except the conspirators themselves on the day of its date. Old Crook has him in charge. It was found floating upon the water. that the handwriting of a letter need not be proved when it is found in the custody of parties implicated in the conspiracy. and that his victim." Who in America knew that. Cox do not know that it was written on that day. Pardon me for saying to the gentleman. the motion of . is dead. and written by somebody who had possessed himself of sufficient knowledge of the facts charged against the conspirators to enable him to fabricate a letter specious on its face. When you write sign no real name. all eyes are contradiction there. have no difficulty. "yesterday" until midnight at least of the I4th of April? "I was in Baltimore yesterAssuming that he was in Washingday. so far as this letter can be understood to-day. All were bent on carrying out the programme The gentleman says there is to the letter. always beOld are laid for safe exit. I think we have done it by showing that "Pet" was the name of one of the party. on the 15th day of April. hind missed the pop at City Point. The gentleman says there got there yet. not that in proof? The conclusions of miserable monster. unless he could explain how he came by it. that while his statement is correctly made as regards what I said. there is no " Now. though no man knew his name. on you. Abraham Lincoln. All will be safe. to hang him if he were found with that paper in his pocket. " Red are taking things as we find them. that " Pet has done his work well. of course. The letter was not found in the custody of any person." after their method of weH-doing. by showing that that was not a matter of notoriety. and no man ever testified about the writer." Wherefore? "The rails a contradiction. that we must lay a foundation. Ewing. however. the had a large meeting last night. Assistant Judge Advocate Bingham. and by showing that all the evidence in this case. Shoes showed lack of nerve in Seward's case. which he sought when he inflicted the mortal wound upon Abraham Lincoln. We We Who We Mr. and the life of the South. on the 15th of Mr. sir. Cox." knew in what sort of order he fell back. and show that it had been in the custody of'one of the conspirators." Who knew on the loth of April who had him in charge? "Mind well that brother's oath. I did also say. The argument of the learned counsel for the Government is. he was in Baltimore the day price." Wherefore? Was not is a contradiction. by showing that the object of the conspiracy. Assistant Judge Advocate Bingham. Mr. The Commission overruled Mr. and a few minutes before it was found. everybody knew he vsrould have been there "yesterda}'. — shown. but the gentleman assumes in his criticism that it bears date the day it purports to "Johnson must come. in that connection. He did fall back. which he does state. the lives of our brave officers. Cox." Who? "You. was the object agreed upon.DISCUSSION ON THE MOTION TO REJECT CIPHER LETTER. I say again. this. and enjoy the fruit of our labors. but fell back in good order. That I may admit. Grant is in the hands of Old Gray is 69 this ere this. have been written. I think. he knows enough to state the fact. depend on carrying Which was the this programme into effect" "Number 2 will give you original design." " You must bring Sherman. but. ex- cept a April ? man in this conspiracy. Pet had not I was in Baltimore yesterday." That is. When was the letter found? Assistant Judge Advocate Bixgham. "We before the day of the murder. that the writer of the letter. Yes. Three weeks after." ton on the 15th. On the second day of May. as narrated in the letter." Where is the contradiction ? I submit to the Court that this is no time to decide the efl^ect of this letter upon the case or upon the Court.

nor had the chambermaid been able to get into A young man spoke the room the next day. but differWilkes Booth to Colonel Browning. I do not think he I do not think I could identify the par. I can not box. I after secretary of President Johnson. I met him there several times. I looked upon it Johnson's secretary. He was at dinner at the Kirkthat day. ently. on the I recognize this as the card found in my night of the 15th of April. Lee. I remarked to the clerk. was quite a large one. and his would find their way into mine. Jones. I am not positive that I received it from J. Dosteb. the boxes being together. and went to the Kirkwood House. That him is the man. such as cavalry officers wear. [A card was here handed to the witness. handed It was a very common mistake in it to me. It contains the name of G. to Atzerodt when 1 saw him standing at the I do not know his name. It was put in his box. been occupied on the night of the 14th. though it was similar to pencil the one just shown me.] I had known J.: TESTIMONY RELATING TO JOHN WILKES BOOTH. 126 on the morning of the 14th of April last. —May 13. A.] went to the room occupied by Atzerodt it had been opened by Mr. Atzerodt. Wilkes Booth.] am the private .wood at 5 o'clock. [The witness here pointed to the accused. The Vice-President was. 1 recognize Atzerodt among the accused. am a William A. the assassination. Cross-examined by Mr. Browning. and was loaded and capped. which was adjoining that of Mr. where we both boarded. I noticed a card in my box. as was my custom. Doster.] It appears from the register that Atzerodt took room No. and 1 saw all the Tlie following is written upon it in articles that were found there. Between 4 and 5 o'clock in the afternoon of the 14th of April last. Tenn. A. I think. AND CIRCUMSTANCES ATTENDING THE ASSASSINATION. Charles County. I think before 8 o'clock I was not present when in the morning. From the book it appears that Atzerodt paid one day in advance. and Mr. although I may have done so. On going to the office of the hotel. [The leaf from the hotel register was offered in evidence. — May 16. For I the Prosecution. (70) . J. at the Capitol the greater part of the forenoon of Cross-examination ly Mr. Mr. he playing here?" I thought perhaps he might have called upon me. office counter. and did not see between 12 and 1 in the day. I had never seen him in the hotel before. When the card was liandcd to me. that was the only acquaintance I had with him. WILKES BOOTH. me. the office to put cards intended lor me into the Vice-President's box. G. his name was until registered. ticular pistol found in Atzerodt's room. I believe. and He was in his room for It was out afterward. "It is from Booth. rodt. For I the Prosecution. Jones. having known when his name was connected with During that day I gave a card of J. clerk at the Kirkwood House in The leaf exhibited to the Commission is from the register of the Kirkwood House. the clerk. is . identify the knife. Robert R. Wilkes Booth when he was playing in Nashville. Johnson's. Atzerodt before that asked me if any one had inquired for him within a short time. I left the Vice-President's room in tlie Capitol. Atzethis city. It was between the Do n't wish to disturb you are vou at The bed had not home? sheet and the mattress. [The card was offered in evidence.

I saw at the Government stables in this In the early part of April. he took them away. Booth left word that Mr. that the detectives were after him but he thought he would soon be relieved . Gardinek. and Atzerodt rode out occasionally with Surratt. have Mr. and another smaller bay horse. He was generally with I think I have heard of Booth being in Mr. Atzerodt took away from the stable a horse blind of one eye. — May and 15. Booth. card shown to me is undoubtedly that of [Signed] J. May 26. as he desired to buy some. etc. tlie balance of the evening. —Mai/ 26. He then offered to sell him a of the time.. Feb. as he only wanted it for one year. joining. My uncle's house is but a short distance and brought back for sale some days afterfrom Dr. Cross-examined h/ Mr. delivered it to him the next morning at Bryantown. Cleaver. and I very often saw Dr. and paid for him. John H. and Booth selected this one out of three horses my uncle had Jn accordance with this request. country to parties. not over a quarter of a ward. Howard Atzerodt. May 22. also my leggings and gloves. This note was sent to the stable by Mrs. under an order from John H. 1865. Atzerodt told Seventeenth and I Streets. Thomas L. Yours. and together. but Booth said a mare would of January he sold the horse to the prisoner. Surratt. and the signature on the oblige. Stone. . It was afterward rescinded. 71 together. My uncle told him he had but one horse that I keep a livery stable on Sixth Street. Mudd's house. from the difficulty. and after the purchase they left Booth made the agreement. I was there. — me that John H. Ewing. and were sometimes there three or four times a day. a fine racking horse. The horse now at the Government stable. Surratt. I am Mr. up to 6 or 7 o'clock. Surratt kept two horses at the stable. THE ASSASSINATION. they almost always came since. Dr. stable together. Our farms were ad. Wilkes Booth.for it. I think. Booth said he wanted a horse to run in a light buggy to travel over the lower William E. I for sale. On the 30th young mare. Atzerodt. as he wanted it for kept a one-eyed bay horse at my stable. on G Street. when I left. which reads: will please let the bearer. to go down into the bought the horse. it is the same that Arnold bought of Booth. J. after the assassination. Samuel A. Brooke Stabler. my horse whenever he wishes acquainted with the handwriting of to ride. and once A. is the same one-eyed bay horse that Cross-examined hy Mr. he was there with horses for sale. H. Mudd came on horseback. the lands. SURRATT. Mudd took no part or interest in the purchase that I saw. and George I have only seen Arnold twice on the 8th They were frequently at the of February when he paid me. Mudd I have seen Atzerodt at our stable once: sometimes two or three times a week. Surbefore that. and Arnot suit him. in he could recommend as a buggy-horse. Wilkes Booth. and I put it on file. Howard. counties of Maryland. Mr. George Gardiner. John Wilkes Booth. by my in uncle. but I never heard of his being ratt was to have his horse any time he came at Dr.se. It is the same horse that was sold some time the latter part of November. for about a month. Booth examined that the horse remained there after the sale. Surratt used to hire horses from suit. Surratt had been to Richmond. but after three or four visits down the neighborhood of Bryantown some time the country. a dark-bay one-eyed horse on the 8th of this month. Atzerodt afterward brought these horses back to the stable to sell them On — For the Prosecution. the Slst of March. to a man named Booth. I have seen the one-eyed horse now at the Government stables on Seventeenth and I Streets. I have in my hand a note from Mr. corner Seventeenth and I Streets. Surratt claimed the horses. Booth came to my uncle's with Dr. Booth and Dr. and said he thought it would John H. Surratt. the hor. but Booth paid for their keep. and that in coming back he got into difficulty. Charles Dawson. Mudd's. I was acquainted with J. and this city. that he might look at For the Prosecution. part his own use. He me in January last. had an old saddle-horse that he would sell nold paid me eight dollars for the eight days him if it would suit him. Atzerodt sevFor (he Prosecution. Surratt. mile. Mr. to city. My uncle then said that he Samuel Arnold. Mudd. so Booth told me. eral times rode horses from that order. and J. but failing to sell them. and (lid not return until about 11 or 12 o'clock. In January last. Atzerodt took away on the Slst of March. . I am manager at Howard's livery stable.. 22. Wilkes Booth that he could not spare. For the Prosecution.

but that horse was engaged. and came out in a style as Mr. and I will see that you are paid for the out and went in and had a drink in the saAfter the people went up. looked at the clock in the For the Pfoseeution. Herold have known him since he was a boy. Pctmphry. you will have to give me reference.s assassinated. sir. "Before you get him referring to the President. as near as I can judge. and a white star . and he had in its place a small hay mare. I observed several peryou ought to know. Crystal Spring?" "A very good place. For the Prosecution. I judge a little after 10 was something going on. and I was loon below. remained there Ford's Theater." ver's He then said. best-dressed gentleman stepped into the sapaid. put her there. and he came to get it. and called came into my restaurant on the evening of the time again. loon himself. "Get a boy at the restaurant He replied that he could not not see anybody come in there with him. her. any of the prisoners at the bar. black mane and tail. said. — "How writing a letter at Grover's Theater. Washington City. called the time." do n't know me you have heard of me. He stepped Booth after the first time. I said. my horse. James W. lie' cry that the President wa. I am acquainted with the prisoner. "0. with black legs. or the night previous to that. then another appeared. and keep a was acquainted witli J." get a boy." and he went out. going to Grothere is no . About six week^ before the assassination." first who appeared was an elegantly-dressed said he. whose appearance excited my suspicion. the horse. He said he wanted a good one. one stepped up. when he I think the oft' front foot asked. walked up to the bar. Then I Booth. about fourteen or fourteen and a half hands high. She was a bay." He then asked where was the best place to take a ride to. while I was sitting there. and calledl lor some whisky. is sons. "I think he will come out now. 1 have never seen the mare said. as she was in the habit of breaking the I can not positively swear as to whether bridle. — ." He asked. They watched awhile. Surratt never came to my place with if he was becoming intoxicated. lie asked me to give him a tie-rein since. then went back. o'clock. The Said. and came down again. I had white spots. and looked toward . the miserablest-looking one of the three). since.72 THE CONSPIRACY TRIAL. and Pumpliry. which he said he I reside in then called for some water. One of the three had been a stranger to me. " If you the theater. lie had been in the habit of riding a sorrel horse. "but it is rather early for it. for there is a For the Prosecution. to get a drink. and J have never seen Booth looking fellow. The one that Booth called at my stable." "Well. He told me he wanted to tie her I while he stopped at a restaurant and got a that was Thursday or Friday evening. who came out of the passage. the time was beof bootblacks about the streets to hold your tween 6 and 7 o'clock. I told him not to hitch to hitch the horse. and and said. just as the bestwas acquainted with John Wilkes dressed gentleman appeared again. May 15. saw hin) go out I of the bar alone. stable in the back part of the alley I will On the evening of the 14th of April last. and went into the passage that leads to the Then the smallest stage from the street. and half past 9 o'clock. I kept the restaurant adjoining he started up the street. wanted about 4 or half-past 4 that day. which I gave him. I told him I had not been there myself in the afternoon." 1 let him have the liorse. on the John Wilkes Booth. about "You have been some time around here. I supposed. I then began to think there the 14th of April. he and I are going to take a the rush came down many gentlemen came ride. which I also gave him he placed the money on the counter and went out." I conferring together upon the pavement." said I. I did drink. Booth liad been there that afternoon. I said. I do not know up and whispered to this ruffian. Dye. drawing near the second act. May 15. and engaged a saddle-horse. "Was he not here this evening?" in the forehead. I told him. I saw him on the night of the nmrder. and It was then the three conversed together. "No. I am standing out. you are President's carriage was standing in front of He replied. I was sitting in front of Ford s Theater. (that is. Aiken. Surratt spoke up curbstone. necessity of tying her there. " I am Theater to write a letter. Sergeant Joseph M. the well-dressed John H. Surratt. Cross-examined by Mr. " I will go there after I get through gentleman. vestibule. He came to my stable about 12 o'clock of the 14th of April last. to hold her. Mr. livery stable. "you can find plenty As near as I can recollect." He and commenced conversing with a ruffianlythen rode off." The eaddle-horse." Mr. remained there long enough Cross-examined by Mr. he came into place and asked me if Mr. I Wilkes Booth. think Herold came alone to the bar. in company with appeared to be the leader. "This is John Wilkes Booth. from eight to ten minutes before I heard the . Bootli awhile. on the lower side. looking at the carriage. Stone. — May 15. Peter Tai-tavul.

Spangler. I suppose.so far from him. as I was going out at the Cross-examined by Mr. time. Ewing. after the He came to me and asked three minutes. and left him. and the best dressed one went ters. but did not see Spangler. and he had on a Ned Spangler. or three times. I am assistant property man at Ford's gler. the man slouched clothes was there. entering by the door that leads to the parquette and dres. and yes. but his moustache was heavier and his hair longer night of the 14th of April.him. I was in front of the theater two ington Navy Yard. but was on the stage during I About 10 o'clock on the evening of the 14th the third act. and had a bloated appearance. I [A photograph of J. "Peanuts. Spangler was standing by one of He was not and Booth said to him." Those were the first words that I heard. man. I did not see the man in the slouched dress change his position.THE ASSASSINATION. except that he had a moustache. and walked in again." and slouched hat. Wilkes Booth was handed to the witness. I noticed the President's carriage there. I think it was ten or fifteen he came to the theater. and then started on a fast walk up the street. because I was The other man went >ip observing Booth. minutes after 10 that he called out the last He was announcing the time to the time. the wings. know John Wilkes Booth by sight. About ten minutes. Ewing. May 15. and then went up the stairway to the dress-circle. I was at the theater on the night About neat gentleman. perfectly satisfied that he was not in front of the theater during tlie play on the — . moustache. and ran across the stage with a inside the theater. am . The ruffianly man I saw was a stout John F. The one that called the time was a very the stage. Edward am That was the well-dressed man. Cross-examined by I Mr. other two. high his coat was a I just got a glimpse of Booth after the his hat was black. in the restaurant next door. Cross-examined by Mr. — May 15. when a man came rushing in and said the President was shot. while we were in the saloon. and when Span1 went into the restaurant next door. moustache.s-circle. Jim Maddox. one that had been worn some a young gentleman by the name of John drinking there. President was shot. the Prosecution. but I could not understand it. and he had a of the assassination of the President. features exactly. I have never known Spangler wear a moustache. gler's business on the stage is shoving the I went to the front of the theater scenes. on man. Booth spoke to Spangler right by the backI saw his horse through the open door. had he been there. ^ I was on the stage that night. Sleichmann. " Ned. and have to set the furniture. his dress had been worn a conFor the Prosecution.. he went up again. some oysters. Ewing. by the side entrance. with a rough face. moustache was black. I went in pavement at the end of the passage. Booth as to observe the color of his dress. door. I must have seen him. this 73 I told him to step into Presently what time it was. Edward Spaneiderable time. night door-keeper at Ford's Theater. won't you?" and Ned said. man as he called the time.] know the accused. and went into the theater by the front door. I suppose it was the street on a fast walk. the first entrance on the right-hand side near During the half hour or more that I sat the prompter's place. When I was in front. and then came down and I think it was ten called the time louder. entered the theater the last time at the front door. and returned in about two or that I was in the restaurant next door. except when I had to go down to the apothecary's store to get a few articles to use in the piece. I saw Booth on the in afternoon of the 14th. Buckingham. about fifteen minutes after Booth entered the theater. had he come than in the photograph. "0 a very large man. has the appearance of the rough-looking Theater. you '11 help me with round top and stiff brim.by the little back door to the theater. He was uttering some I was invited by Sergeant Cooper to have knife in his hand. He stepped out the lobby and he could see. Ned I see here. His to look for James Maddox. kind of drab color. John For I E. he whispered to the man. etc. well dressed. walked in and went minutes before the close of the second act out again. The prisoner. between 4 and 5 in the front of the ^theater. but these are his out. he stood on the o'clock. and I saw Booth. and we had barely time to sentence. being get seated in the saloon and order the oys. and entered He had on one of the fashion. I did not pay particular attention so Mouldey. that we heard the news of the assassination. He came up on a horse. I guess I should have seen I have never seen Spangler wear a In the daytime I am employed at the Wash. I think. on the left-hand side. The last I saw of him was wiien he alighted on the stage from the box. I do not see him among the 9 o'clock that night I saw John Wilkes prisoners. able hats they wear here in Washington. six inches all you can. He was better dressed than any Booth. but as it was dark I could not see if any one was holding it. about five feet. came out again.

alley on his horse. Cross-examined by Mr. Spangler is. I was sitting at the first entrance on the I was there left.saddle ofl" Booth's fed and cleaned. so 1 held the horse. hallooed out for Spangler. Booth kept his horses is about two hundred attend to my door.Street. I go in1 did not see Booth in front of the theing to Ned that Booth wanted him out in the side. The fellow that brought the horse there lived at the Navv tliink he used to go with Booth Yard.<< standing. they were about eiglit feet from me. (Probiibly ITerold. he brought his horse to wanted to take the bridle oti'. and in the green-room. and see that it was him. I knew John Wilkes Booth.whole of the act. and any whereabout the theater. His stable was immediately gler wanted to take the . any harm to you ? " He ought to be cursed when he got so many men killed. Spanknocked me down. For I a/jos " Peanuts. between 5 and 6 o'clock. on a carpenter's bench.sometimes they would go out. Spangler was standinj: on the stage by one of the wings. and The stable where horse. I never saw 1 did not see Booth come up the ater that night. I think.sed to attend the door for me that was mounting his liorse.-stood the work removing it he said. blame on him. and was backward and forward in the theater frequently.every act. the saddle off afterward. a drinking man. Ewin'G. back of the theater. Skeggy. Booth was very familiar with the actors and employees of the theater. I do not see him among the prisoners. It was their business to shove the box. . with one foot in the the door that went into the alley from Tenth A nmn by the name of Simmons stirrup: he also kicked me. I said 1 could not. and it was on that side I He struck me with the butt of a knife. see Spangler come in or go out while I was sitting at the door. and attended the door. Spangler used to the daytime. there. He had access to the theater at all times. then he the 14th of April. only saw one horse in the stable when I was there between 5 and 6 o'clock. — . other si le. 1 was in the President's box that afternoon While the play wlien Harry Ford was putting the flags and another man worked. He did this as he was gler u. and stand at tlie stage-door at night. when he came. to keep strangers out. When 1 was not there. but he could have seen me from where he wa. "Damn the Presi. On the afternoon of horse. but Booth lie would not agree to it. halter round tiie horse's neck. though the witness failed to recognize hiui among the prisoners and the guards. I had to go in to sometimes from tlie back. 1 did not see anybody else. a horse and buggy there." " What are you damning the man for a man not very often. out by the bench. stage. and came behind the scenes. and I was not there afterward. When Spangler told me to hold the he sometimes entered on Tenth Street. they might go round on the I said to him. and prevent those coming It carry bills for Ford's Theater during in who did not belong there. was wiping his eyes. —May was about six or eight minutes after Deboney called Spangler that Spangler called me.j 74 THE OONSrillACY TRIAL. Ford. When Booth spoke to Spangler. 1 heard DeLoney call. Jim Mud dox was down there too. When 1 was away. Joseph Burroughs. Between 9 and while the curtain was down 1 go out between 10 o'clock tliat night. He told me to give hinj his horse. and on the other side.so Spangler just put a the stable. but 1 saw the horse at the Spangler wear a moustache. behind the scenes. Booth was about the theater a great deal. While Spangler was at side of the stage. he went apart. I saw Booth as he came out of the small I did not door. Harry Ford told me to go up with was going on. They usually staid on their own were coming there. and used hitch up Booth's liorse. that is the side the Presicame out. Jake. I do not know whether Booth saw me. that has never done said he 1 anpassination. worked with Spangler on that side of the mediately. 1 very often. but had got off" when Booth side of the stage. 1 . Spangler always worked on the leil-liand I was still I heard the report of the pistol. He had none. that the President and General Grant scenes on. door when Spangler called me out there to hold it. dent's box was on. but dent and General Grant. . and hold him or feed Between 5 and 6 that evening. but Booth would not let him. but when a scene . and kerchief in his hand. I do not know whether he was crying or not. around it. think they were playing the first scene of the third act. just as though he was in the employment of Mr. I held When 1 went to hold the horse for Booth him as I was sitting over against the house that night. nor Spangler. the Prosecution. When the curtain is up. and rode otF im. with a white liandHe was very pale. attending to the stage-door. and if there was any thing wrong to lay the yards f'roni the back entrance to the theater. I do not remember the color. but Bootli and Spangler were not more than two or three feet After Booth had spoken. . I was out in front of the theater that night and sent Jake up stairs after one. but he took Booth asked him for a halter." 16. whether he was in liquor that night I do not know. these men were always about Spangler and take out the partition of the there. He told me to hold it. Spanto attend to his horse. alley. it was a little horse. no one else was by at the time that I noticed. There was another Booth brought horse there some days before.

standing in the back-door of Ford's Theater. for John Wilkes Bootii. for it was dark and I could not see his face. He did not go further than the end of it. Ned. glittering. Booth. I said to him. ing so. When Ned came. I asked who shot him. Recalled for the Prosecution. which he sold The buggy he sold on a horse and buggy. and I heard him say. I heard the horse going very rapidly out of the alley. the person who held the horse kept walking backward and forward I suppose the horse was there an hour and a half altogether. and this man. and then Booth went into the theater. May 22. Ewing. Ewing.THE ASSASSINATION. and again between 2 and knew John I saw him on the April down by the 1 not certain that Spangler come out." He said. a low voice. and two stalls put in it. holding his horse by the bridle. " Mr. Maddox. There was a colored man up at the window. and they said something to each other.) 16. he didn't. him. to take it to the bazar on Maryland Avenue. Booth wants you. that gentleman called you. Maddox took the horse round out of my sight. and it was gone like a flash of lightning." came. and. Booth said something a very low voice to him. When Mr. I ran immediately to my door and opened it. (colored. Booth then went into the theater. called "Ned" three times. but he was gone." He denied it. Prosecution. I could not see who held lie came back after a little while. who said. in the alley. and sold it afterward to Maddox then took oft' the horse from before my door." Said I. I looked out of the window. front-door fronts to the back of the theater. It was raised up a little higher for the buggy. and told Mary Jane Anderson For the I Tive right (colored. came out of the theater. Said he. I knew John Wilkes Booth when my I saw him. Between 7 and 8 o'clock that night. he did. When I saw him. In December last. Spangler. The horse stood out there a considerable time. Booth said. I rented Wilkes Booth by sight. Davis. and then in a loud voice he called "Ned" four times. Spangler. Ned. you you. —May reside in the rear of Ford's Theater. After I had gone up stairs that night.] here identified When Maddox the accused. he brought a horse up to the back door of the theater. Said he. "Which way did he go?" I asked a gentleman what was the matter. " The man who went out on the horse. that stood at the right side of the house. James L. but I am came out again. Booth and Gittbrd told Spangler on the "Tell Maddox to come here. I thought to myself that the horse must surely have run off" with the gentleman. he didn't call me. "Mr. Mr. Mr. the where he kept his horse up to the time of the murder of President Lincoln. "No. When he came out. The crowd then came out. "Tell Maddox to come here. stable 1 saw Harry Ford decorating the Presi- . I said.him to tell Maddox to Joining Mrs. and I saw Maddox reach out his hand and take the horse. ad. 7$ stable in the rear of the theater was fitted up for Booth in January. and after that I heard a lie this and down the it They alley. Cross-examined by Mr. and said something in a low voice. standing in the theater backdoor. Where Ned went I can not tell. and I kept on say- They both then went . He came out of the theater so quick that it seemed as if he but touched the horse. Mr. with a lady by his side. talking to a lady. and I paid it to Mrs. After awhile. the prisoner. the afternoon." know that man Booth called " 1 know nothing about it. and it seemed as if the gentleman was leading the horse down the alley. I Ned do not know to whom Spangler sold it. . Davis. by Spangler The and a man by the name of George. morning of the 14th of stable. into the theater. Turner's house.) 16. Booth gave me the rent money monthly. — May 22. lie pushed the door open. Spangler. sold it for him. and he said tlie President was shot. a carriage drove up. in a low voice. — May back of Ford's Theater. in [The witness Spangler. Booth occupied that stable until the assassination. Mr. Ned. "Mr. Edward was. I stood I was employed at Ford's Theater as in my gate and looked right wishful at him." This is the way I came to know it was Mr. and kept up a great stamping. as if they from Mrs. wanted for it there. and in a few minutes he came back up to the theater door. round to where the work bench a man that kept a livery stable. opening it. Wednesday before the assassination. and went into the theater again. 8 o'clock in For the Prosecution. Mary Ann Turner For I the Prosecution." Cross-examined by Mr. property man. but he could not get what he out. Spangler came out when Booth called him. "No. Then I saw Booth come out of the door with something in his hand. Ned came in to him. Presently there was a rush out of the door. P^irst he had then he got a saddle-horse." I went up to the theater door. and I heard the people saying. After the assassination." Said he." Then Ned went back and Maddox came Monday. and saw Mr. I saw him on tlie afternoon of the 14th. — lady were pointing up and were talking about stood there a considerable time. "Yes. horse step down the alley.

coming from Mr. the way Miss Keene plays it. dent's box on the afternoon of the 14th of April. but not to notice him. him. . he was during the two years that I have known him. it was just as he was jumping His spur caught in the blue over the railing. Harry Ford. and in the first scene of the third act blade down. part of the flag that was stretcheii around the box. he rose and exclaimed. I that goes into the box. 1 saw him step down one step. is not a by Miss Harris and Major Rathbone. the box is on. and with his right he seemed I could see the scenes. on the upper side. Spangler's position on the stage was on Cousin. the Prosecution. I heard about 12 o'clock that the President was coming to the theater that night. Maddox to the theater. Genand to get the actors any side properties that eral Grant. Lincoln Miss Harris was in the rightat his right scenes are pretty quick. The passage way by which Booth escaped and get a seat" I went and secured a seat Only when we are playing directly opposite the President's box. and if you want to see him you had better go may be required for use in the play. I had not seen that chair in the box this season the last time I saw it before that afternoon was in the winter of 1863. " »S'ic semper tyrannus I " and ran ilirectly across ' the stage to the opposite door. and after this the hand corner of the box. and had to strike back with a knife. As he struck i\\k stage. should certainly have missed him. that I remember. and President's box. looking down I . put If he had not been at his place. he can run just like a cat. and the passage would therefore ond scene of the third act of "Our American be clear of obstruction. "See what a nice horse I have got. which was dragged half way across the stage on the spur of his riglit heel. he went off sometimes happened. a l)eavy piece. 1 saw it was Booth. I ran on the stage and heard a call for water. Harry Ford came to do. where the actors come I in. Mr." I saw Booth pass along. between 2 and 4 o'clock. unles. Ewing. I guess. I saw no more of should have known it Sometimes a scene him until he made a rush for the front of the He put his left hand lasts twenty nunutcs. it tore a piece of the flag. through the alley way. over and lit on the stage. of the "American Cousin" there are seven on the railing. almost in the corner of the box. but do not renieniber seeing any one I was in there but once. was standing by him talking.s. that the furniture is put on the stage aright. facing the audience. do we front dress-circle. I his hands on the door and his knee against scene. carrying on his head the rocking-chair that the President was to use in the evening. I crossed the stage with the After will. My duties require me to be on the stage now watch. as striking his spurs into his horse. I ran and brought a pitcher full. the handle of the knife up. 1 saw the flash of the pistol As the person jumped right hack in the box. I caught a glimpse of Booth. when it was used by the President on his first visit James For P. " and. on. one of the ofllcers connected with 1 was in the first side the President's at a person in the orchestra. I was told so by Mr. and saw Spangler in his place. heard some one halloo out of the box. and the next moment he was As he went over. "Revenge for the South!" I do not know that it was Booth. into my place and said. there is notiiing at all down tlie street My business is to see About 1 o'clock Mr. — May 15. the pistol was fired. wliile the performance is going on. her left. at the moment Three or four minutes of the a. I saw Joe Sinims. I saw J. " Your favorite. and. Wilkes Booth. accompanied which was performed on that night. he has a half was raised. marked. in the is usually clear. when he was about two feet off the stage. during the secheavy piece. holding the flag that decorated the box aside to look between it and the po^st. At I have never seen Spangler wear a moustaclie the moment the President was shot.ssassination. I was at the front of the theater during the hand corner. Fords room. I saw Spangler during nearly every moment. say that night that he had come down that morning and engaged the box for the President keep a restaurant. is to be at the theater fo-niglit. Fergusox. The "American Cousin. and push the door open the first door had missed running off a single scene. he has twenty-five minutes. the colored man. I heard a young man. but in the third act box and jumped over. In the second act. adjoining Ford's Theater.76 TUE CONSPIRACY TRIAL. Spangler been absent five minutes after the knife gleam. 1 may have seen until the next morning. Bootli reCross-examined by Mr. on tiie afternoon of the Nth. the President's house. his hand first scene of this act we should have noticed over tlie box. leaning his hand on the railing. though I suppose it must have been. near the the left-hand side. — — entrance to the stage. Major Rathbone sitting back at second act. the it The President sat in the lefthour. else in the box. with Mrs. and then stop and lean After standing there a the same side that the President's box was against the wall. but did not see Spangler there. I saw the President and run things in there. while the second scene of the third act was on. Somewhere near 10 o'clock. standing by tlie side of his horse a small bay mare. as he went over. If he it." his family when they came in. and gave it to one of the officers. when 1 go out. and when in a hurry. before that. I did not nee Spangler after that.

" There 's a rope. so he told me afterward. and went to the police station on D Street. "Have you not got any flags in the theater?" He replied. The mortise in the plastering looked as though it had been recently made. I think. I then ran up D Street to the house of Mr. The last time I saw the chair before it was placed in the President's box was in Mr. and Spangler's presence on the stage one with castors. I saw Mrs. would prevent the door from being opened on the outside. I at all I do not think he could have been tliink I saw Mr. Lincoln catch his arm. putting flags out. tion. you ought to be in the Old Capitol. act. I had not been in the box. I noticed Mr. as if the knife had slipped." He did n't like me any how. Clay Ford to do it lor him. I was behind the scenes where 1 saw Spangler. and I went in with them. Raybold with him. to decorate the box. never by looked for the bar that had been used chairs. except by people when they Cross-examined by Mk. Mr. but I saw it there last season. The passage way through which Booth passed to the outer door is about two feet eight inches to three feet wide. some five or six scenes in each two high-backed chairs one with rockers and act. Rayboltd. I was the builder of Ford's Theater. I have sometimes seen the would have been indispensable to the per- We — . and then rimed round the edge with a knife. It is necessary to keep to fasten the box-door. After this examination. I never actresses to pass readily from the green-room saw him wear a moustache. it would have made a sound. one with castors On Monday morning. It In the play of the "American Cousin " there was part of a set of furniture two sofas and are. how could you see the flash of the pistol when the ball was shot through the door?" On Sunday morning Miss Harris. came down to the theater. I saw the President raise his head. that I recollect. Webb. but could not find it. and he told me to bring a stick and fit it in the door. I was satisfied that the pistol had been fired in the box. "Why do you not run it out on the roof? He answered. got a candle and examined the hole in the door of the box through which Mr. where the President was taken. Colonel Wells was standing on the steps. It looked to me as if it had been bored by a gimlet. Ewing. to give notice to the Superintendent of Police. Had a chisel or hammer been used. on did not see Spangler in front of the theater the 14th of April last. and I told him that T had seen it all. A young man named Harry Hawk was the onlv actor on the stage at the time. o'clock. I al'ter was trying to find out how the assassinathe door of the President's box had been fastened. " You are a hell of a man. I think I should have observed it. By that time Booth was across the stage. etc. GifFord said the ball had been shot. etc. ' The passage on each side of the entrances is always kept free. who said. I left the theater as quickly as I could. At the moment of the assassination I was in front of the theater. and Judge Carter. I scenes would have gone wrong had he left saw the large rocking-chair. the stick would fall. and then it hung back. and had the appearance of having been made with a knife. I believe. but he had a stiflF neck. When there without my knowing it. this season. — — ." I said. but not the rocking-chair. Cross-examined by Mr. Mr. he was then waiting for his business to change the scene. and I understood had full charge of it I recollect when Richmond was surrendered f said to him. I do not know the stage for any length of time. for a week. The entrances are always more or less filled with tables. isn't that enough ?" I said. some a little narrower.THE ASSASSINATION. because the I was in the box on Saturday. and I knew the man who jumped out of the box. I found that a stick about three feet six inches long. time between the second and third acts. I Harry Clay Ford in the President's box. this passage way clear to allow the actors ond I know Mr. May 19. We door was shaken. Ewing. if pressed against it. chairs. Peterson. I was on the stage until the curtain went up at each James J. a hell of a statement about what you saw last night. some places a little wider. but if the I Next morning I saw Mr. and saw Spangler there each time. " Yes. have a large company on the stage. Spangler very well. I never whether or not it has been previously used knew Spangler to wear a moustache. "You made Judge Olin. and I was in front of the theater a part of the am stage-carpenter there. It might have required some ten or fifteen minutes to make it. The Secretary of War came down to the theater to examine the box. and got Mr. the u]> holsterer. It was the duty of Mr. but with a knife it could have been done quietly. twenty minutes before. adjoining the theater. . the 15th. In several places it was scratched down. 77 in the box this season. I have I guess there is a flag about. Had the marks been there then. when first saw the mortise in the wall. tables. accompanied by her father. and I was then satisfied that tlie President was hurt. but it is never obstructed. Just as Booth went over the box. GifFord is the chief carpenter of the theater. Ford's room. Giffokd. The last time I saw him was about half-past 9 For the Prosecution. and dressing-rooms to the stage. GifFord. as I am particular in looking around to see the place is clean.

with my back toward the door. The man rushed to the front of the box. just as the employees of the theater had. and I endeavored to seize him again. I know nothing more of Booth's connection with Spangler tiian tliat it was friendly. who represented themselves as surgeons. ea^ through the smoke a man between the door and the President. As he went over upon the stage.vtubonr. when a man came and disturbed me in my seat. I then returned to the box. pack of visiting-cards from his pocket. rushed to the door for the purpose of calling medical aid. Mrs. strode across the stage toward the entrance on the other side. disappeared behind the scenes in a moment. I saw that he was unconscious. and received a wound several inches deep in my left arm. Spangler appeared to be a sort of drudge for Booth. carried out. He wrested himself from my grasp. For 1 the Prosecution.ss-circle and entered the box that had been set apart for tiieir reception. who was intensely excited. who was sitting just below him. supposing him mortally wounded. jovial kind of man. erous cheering. R. on Tenth Street thenter.scovered the wound. At the same time I lieard the man shout some word. and leisurely took a survey of the I looked at him because he happeiied house." his position was not the President. were torn in the attempt to hold him. Every hody about the house. and his eyes were closed. and wliile was intently observing the proceedingH I upon the stage. in a moment or two more. and. and clo. he stopped about three feet from where I was sitting. . in their carriage. On reaching the outer door of the passage way. he had such a were friendly with Booth winning way that he made every person like bini. etc. actors and all. was present at Ford's Theater on the night of the assassination. farthest from the stage. the evening of the llth of April last. as far He had access to as 1 know. and returned and When the second scene of* sat down again. formance. and extended upward toward the shoulder several inches. — ^fa^/ 15. allowed him to go in.se who sat in the front row of the dress-circle. with one exception. but in another moment he reappeared. 1. but. ing against the door for the purpose of entering. and the audience rose and received him with vocif" On . and requested him to prevent other persons from entering the box. Wilkes Booth. Whether the messenger took the card into the box. and I then proceeded to assist Mrs.se the door. Lincoln across the ! . The clothes. and joined the President and Mrs. selecting one and replacing the others. and the other resting against the door. but only caught his clothes as he was leaping over the railing of the box. and the people about the house. Ritterspaugh was on duty with Spangler on liis side of the stage tiiat night. "Stop that man. to On reaching the head of leave the theater. I found it barred by a heavy piece of plank. 1 requested Major Potter to aid me in assistini. when he got up to put on his coat. I heard the discharge of a pistol behind me. and then showed it to the President's messenger. and the door was opened. Captain Theodore McGowan. — ^fa1/ 15. which 1 thought was " Freedom " I instantlv sprang toward him and seized him. one end of which was secured in the wall. perliaps. the Prosecution. left my residence at the corner of Filleenth and H Streets. tlie band struck up " Hail to the Chief. with it in his hand. and made a violent thrust at my breast with a large knife. As soon as it was discovered. all liked him. there was a large arm-chair that was placed nearest the audience.uoR Henry For R. The distance from the door to where the President sat was about four feet. or. were allowed to enter. my after looking at it. between the elbow and The orifice of the wound was the shoulder. Lincoln. in company with Miss Harris. looking round. I was sitting in the aisle leading by the wall toward the door of the President's box. I know J. but. M. I do not know. to changed his head was slightly bent forward. I saw there Colonel Crawford. the stairs. stood a second. to Ford s On reaching the Theater. and went with them. The party proceeded along in the rear of the dre. causing me to push chair forward to permit him to pass. as lie passed. doing Rucb things as hitching up his horse. about an inch and a half in length. and. I parried the blow by striking it up. and. and 1 saw him no more. He was hid from my eiglit for a moment by the heads of tho. it was determined He was to remove liim from the theater. which the President took and occupied during the whole of the evening. the actors stopped playing. as I believe. at about twenty minutes past S o'clock. not seeing the face of the assas-sin fully. the third act was being performed. I 1 then turned cried out. I removed the bar.78 THE CONSPIRACY TRIAL. Lincoln. He was a good-natured. It had been so securely fastened that it required considerable force to remove it This wedge or bar was about four feet from the Persons upon the outside were beatfloor. I saw the body of a man descend from the front of the box toward the stage. He took a small to be in my line of sight. and found the surgeons examining the I'resident's person. They had not yet di. when the presence of the President became known. On entering the box. the theater by all the entrances. 1 saw the gleamHe ing blade of a dagger in his right hand. Several persons. After I heard the pistol fired. I saw him go through tiie door of the lobby leading to the box. I did not at the time recognize him as Booth.

somewhat obstructed by some of the sceneand the actors in waiting for the next scene. or whether it was opened for him. at the same On that night the passage seemed to be instant he crouched forward. confident belief that the time which elapsed For the Prosecution. 15. thinking. sitting in the front seat of the orchestra. and saw a man run. but whether he flank of the horse. the leader of the orchestra at Ford's When about twenty or twenty-five feet fro-n Theater. why they should fire off a pistol in " Our as soon as the words reached my ears I American Cousin. Ewing. and was laid upon the floor. horse forward and spurred him. one in the neck and one on the when prematurely spurred in mounting side. I perThe moon I did ceived a man mounting a horse. The scene saved and for a moment I noticed the horse describe trance down to the second. the assassination of the President. opens inward on the stage. and knocked me from the third en. I seated myself in the hall. and stood was just beginning to rise. ning toward me with his head down. trance. In a review of the transactions. crossing over. to the right side of the brought tlie . and out ing. not know what was the matter. and on reaching the house. which I believe was rocks. I got a side view of him. and this with my hand when. was the right-hand side." some one said. and I could see As he ran."Stop that man.getting on a horse at the door. held the blade in a horizontal position. they were going to sing it in.with the reins drawn a little to one side. and instantly he was out.] — — man William Withers. May 20. but rising and turnAt the ing. Upon the return of consciousness I was taken to my resistreet to the 79 wanted many minutes until the scene changed. The horse then went clear of every thing. "Stop that man!" three times. on me then. — seemed strange to me. the with our stage-manager on the night of the door slammed to and closed.— THE ASSASSINATION. I and I saw it was John Wilkes Booth. 1 crossed in the same direction. agitated motion cuts at me. 1 never remember seeing Spangler wear a moustache. I was returning to the and passed out. aimThe door ing at the rein. it is my Joseph B. stains of blood being still upon a pistol at about half-past 10 evidently a the blade. 1 could any thing elevated better than neai the completely paralyzed. Again he backed alley. Where I stood on the stage was not more left to the right. I returned to the stage and heard the head of the horse. the horse's than a yard from the door. perhaps. On opening heard some confusion. The horse was moving with a not get out of his way. He ran in the direction where the horse was headthen made a rush for the back door. opened the door. the way over the alley. following the direction he took. and it was a time in the scene when the stage and passage way would have been shifters. Jr.] — This knife might have made a wound sim. dence. which requires their presence. on [A liowie-knife. As I turned. and almost up withthat the President was killed. I from the President's box. and the nature of the wound would stage. so he hit me on the ground. I had some business on the stage the door through which the man ran. and I saw him in reach of the left flank. and turned me round. house where the President was The wound which 1 had being conveyed. with the manager. I do not know. blow from above. and was now on the right shut." As I turned round 1 heard the tramping of a horse. nothing to obstruct his passage out. Stewart. down over the I do not think it pummel of the saddle. same instant I jumped on the stage. as a horse will do leg. two-thirds of I — May disappeared at the left-hand stage en1 ran across the stage as quickly as possible. with a heavy sfven-inch bhide. and I went to see what costume where it did not open after which I caught After talking hold at the proper place. and soon after fainted away.charged pistol startled me. For the Prosecution. a kind of circle from the right to the left. his face came in full view. He made one feet rattling violently on what seemed to be plunge at the door. I heard an exThe assassin clamation. when I heard the report of a pis. though not yet in a Ibrwani I could have reached his flank I noticed that there was movement. and the [The knife was offered in evidence. and simultaneously a man leaped ilar to the one I received. the rider brought him round somewhat in a circle from the in the box apparently dead. calling out. me. The last time that I exclaimed orchestra. lighting on the He came down with his back slightthink. after the temporary balk. in regard to a national song that I had the door. am . received liad been bleeding very profusely. and when within eight or ten feet from he went. I touched it first on the side composed. and made two quick." and almost tol. Cross-examined by Mr. indicate it. feeling very faint from the loss of blood.the door. it came down with a sweeping ly toward the audience. He was rather gaining opened it. The sharp report of exliibiti'd to the witness. 1 was did not exceed thirty seconds. "He is I stood with astonishment. for it was unusual. between the discharge of the pistol and the time when the assassin leaped from the box I was at Ford's Theater on the night of Neither Mrs. Coming up to 14th. Lincoln nor Miss Harris had left their seats.

my impression is that he was slightly bearded. that box with a dagger in his hand. May 15. I do not undertake to swear positively that the prisoner. so that I had a view of him as he pleting his l>alanee in the saddle. the door.often seen tlien\ together. and when I was running after him. but I am decided in my opinion. perhaps five persons. except the one who. have done so. and who did not seem to be moving about like the others. I could Spangler had charge of Booth's horses. and soon swept rapidly to It was his visage. that it Hearing the report of a loaded pistol. and only about fifteen feet from it. face.) two I side the door For the Prosecution. during the performance. and every effort I made after I started to get upon the stage was under this conviction. I felt a good deal it was anybody vexed at his getting away.sed him. Booth thought he might not The man I . and then making his escape across the Between 5 and 6 o'clock that day.. Near the door on my right hand. my impresnight.ward movement. is Mr. to see if ho recognized among them the person he saw standing at the stirrup he spurred the horse. he partially turned round. Ewino. [the witness was a tall up toward F Street. On the day of the President's to have interrupted the exit of Booth. Wilkes Booth. they these prisoners. This man was nearest of all I heard the fire of a pistol. he might have slammed it without my and Spangler were very intimate. and com. apWhen the assassin alighted parently making more exertion than headI pas. Booth was just comgot nearer. some one ran rapidly out of the manded the person to stop. As 1 passed out of the door. Cross-examined by Mr. but still going pretty fast. I did not notice that the person whom I now suppose to be Spangler wore whiskers or a moustache. the President. was on the right-hand side. a person. Ewino. After passing the stage. and could have opened and I saw Booth jump out of a private box down steps. so much so that I stated to the people in the tenement houses in the rear. I believed I knew who it way. he was circling round. and should have been surprised to find that else. one or two men. Every one else that I saw but this person. and looking down to the door. before 1 returned when I started across the stage that I could to the theater. and assassination. that the moment he got one foot in [The witness was directed to look at the prisoners. with a bowie-knife in his but a step to the right and a reach to open it. have got the range of the horse outside.] ing the rein drawn more on one side than That man [pointing to Edward Spangler] the other.] and as I approached the horse at the liorse some forty or fifty yards. hand. I still ran after the man. as it would have been on to the stage. except this man. was not over the time I could make Joe Simms (colored. I did slammed. under my right elbow. horse. am satisfied — gone out before I did. who calls that man to my were all in a terrible commotion and moving mind. directly I suppose Mr. as I there. is the person I saw near that door.nearest point. pied only the space of a few seconds. I had no doubt in my mind that it was Booth. proached it. from his position and the motion of the was turning from the door and toward me. I saw a person standing. literally bewildered. as I ap. while from his manner. ladies and gentlemen. Edward Spangler. passed. (bur or five inches. Cross-examined by Mr.open and I had not been stopped. He re. The one who passed me is not so tall forward. the side that struck me. All this occu. passed behind me. I am told. I knew Booth by sight very well. and I so informed seeing the man jump from the President's Richards. From the position in which he not hear a word spoken between them. seemed in- as Spangler by. perhaps. that Spangler resembles the person I saw this person was facing the door. looks more like the person I saw near the so far as making him take a straight fordoor than anybody else I see here. lost control of him for the moment. but I do say that there is no one among tensely excited.80 THE CONSPIRACY TRIAL. As I approached Spangler. havthe door. that the person who went off From the time I heard tlie door on that horse had shot the President. and had no doubt or attempted to assassinate. As I got to the door. to the left. Superintendent of the Police. about.alley. but small person. was that had committed the deed. that the person I saw inwas in a position and had an I have worked at Ford's Theater for the past opportunity. who seemed to be in the act of turning. if he had been disposed to do so. and was J. tlie left. If the door had been hinges to the left. two years. stage. and. moving I think. on the stage. a There was a young man hired by Booth. I noticed him just after the door and Booth invited him to take a drink. I saw several persons in the passage way. and drinking tonoticing it. slam until I saw the man mounting his horse. calls the impression of the man's visage as moving with a quick sort sort of motion. the gether. when I saw have spoken of stood about Booth go into the restaurant by the side of three feet from the door out of which Booth the theater. sion was that the person had assassinated. but. I have The lock of the door. Booth stood. Spangler was sitting out in front. he was cool enough to I was up on the flies to wind up the curtain. I was in front of the theater. catch him.

Ford told think. because I saw the boy holding the horse. I think. a high back to it and cushioned. 'Wilkes Booth brought a horse from the stable. " Hush there before this season. Robert King Stone. and Ned Spangler and Jim Maddox were with him. He was obliged to be there. I I was at the window pretty nearly all the time. that the President would die. [e worked there altogether. I gentleman fixing up the box. gave the case' over to my care. Mr. the Mr.the opposite side below.the stairs. and he ran across I saw nothing more of the stage to him. but his business was to be there. The stable is not more than five yards from the theater.I came down. I think. When the flies. nor did I see him when I came away Dr. I did not see any one else holding it. every person appeared to be very much was about 3 o'clock in the afternoon when excited. The chair had not been Spangley came out. is on the left-hand side as you look toward position is on the flies on the audience. Booth called Spangler I was up on about three and a half stories from 6 a practicing physician in this city. who had brought him over from the theater. though I knew who it was. Bucking. Spangler's place was on. and had been carried into the back room of the residence. among others. I was sent for by Mrs. Spangler or Booth until I heard the pistol go In a minute or two I heard the sound off. I found a number of gentlemen. By the time I got down stairs. amine the President. do right by his horses. and from the time I looked out of the window. on the day of the assassination of the President About 3 o'clock in the afternoon Booth put his horse in the stable. and he said. Span. and he was there when Booth called him. Spangler's place on the stage was on the same side as the President's box. John Peanuts attended to Mr. and he would resist as long as any man could but I . I have seen Spangler hold Booth's horses or hitch them up. citizens. around that the case was a hopeless one. about three-quarters of an hour. and was the family physician of the late President of the United States. Booth's horses. From my position ing with Spangler to help him shove the on the flies I could see him very well. I saw Mr. I think.there. Ewing. Between 9 and 10 o'clock that night. Spangler's place on the stage is at the back part of the stage. Mr. and bring it down and put it in the Presi. Spangler" three times. saw him his hat on.) the Prosecution. that his vital tenacity was very strong. he ing for hini. two or three other or more men out me to go to his bed-room and get a rocking. Lincoln immediI arrived in a ately after the assassination. and found that the President had been removed from the theater to the house of a gentleman living directly opposite. am . I came down the afternoon of the day of the assas. knowing my I proceeded to exrelations to the family. say any more. the opposite side of the President's box. and. I the stage. Before of a horse's feet going out of the alley. the same as I did. I never saw him wear a moustache. some of whom were strangers. Recalled for the Prosecution. outI did not notice Mr. and Mr. Harry Ford and. and found that he had received a gun-shot wound in the back part of the left side of his head. When called " Ned. On ! — John Milks For I (colored. very few moments. Mr. I never saw Spangler wear a moustache. but I never saw him put any gearing on them. Booth first called Spangler. and was there placed upon a bed. had and from the time Booth brought his horse there until the President was shot was. coming to the back door of the theater. —May scenes. John Peanuts was lying on the bench holding the horse. around him. 81 It was.THE ASSASSINATION. Spangler was on the stage attending to his business as usual that night.do n't say any thing about it. Spangler. Harry Ford and another the door Booth went out of There were. work at Cross-examined by Mr. from the private box. when he said this. and dent's box. into which I carI at once informed those ried my finger. From the time Booth brought the horse until he went away. Spangler in the President's box in the afternoon. two assistant surgeons of the army. 18. but I was not lookWhen I saw Mr. There was another man work- After the President was shot. I do not remember seeing him in the second. in the third act. My in the first act. J. When chair. and. after Booth had called Spangler. so he got Spangler to see to their being fed and watered. perhaps for fifteen minutes. some person told him that Booth called him. I did not see open. I did so. this I saw a boy holding the horse in the That was alley. Spangler. and They immediately had attended to him. the side the President's box is on. Mr. I suppose." and I didn't fler was at the theater during the afternoon. and I saw Spangler out there at sination. about a yard and a half from the door.door through which Booth had passed was ham were in the private box. next to the back-door leadThe President's box ing out to the side alley. Ewing. Spangler there in the aide the door. and I asked him who it It was a chair with was that held the horse. For the Prosecution May 16. It cited. Spangler appeared to be exafternoon. that there was no positive limit to the duration of his life. — May 15. was Cross-examined by Mr. I was there Ford's Theater. 1 went toward the door.

It was a leaden hand-made ball. that death certainly would soon close the I remained with him. fitted against the wall to the corner of tl>e door. resembling those whicli are shot from the pistol known as the Derjinger.] William T. This smaller piece is the fragment which was cut off in its passage through the The ball was flattened. but. [The bar was offered in evidence.. passage leading to the box at an angle with the wall. notliing could he done. The next day. as well as from the shape of the ball.] the 16th of April. is the pistol I picked up in the Pres. I examined to see if I could discover the chips that must have been made by boring and cutting this small hole. fastens the door I discovered that. I knocked my foot against a pistol. For B. I went to the box with several others. and a portion had been cut off in going through the bone. The Secretary inclosed it in another envelope. after [A Derringer pistol. Ai the passage way is somewhat dark. sealed with tho official seal of the Secretary of \Var. My attention was called to doors. and was. and he ordered it to be placed among the archives of his departecene. " I have found the pistol. I recognize it from the mark which 1 put upon it with my pen-knife. It was left in his custody. L. For I the Prosecution. locks. inclosed it in an envelope. of course. with spots of blood which were fresh at the time when I found it. so far as I could observe. Olin.] We This wooden bar was lying on the floor inside of the first door going into the box. where it must have fallen." the initials of the late President. which I sawed ofl" for him. assisted by my friends. and sealed with his private seal. ment. I marked the ball "A. I visited Ford's Theater. as it was cut by some sharp instrument. but he concluded after- ward not — to take it. 1 hurried back. About three minutes was shot. the firmer it would have been held in its place. and in the presence of the Secretary of War. Woodward. abont two inches square and three feet long. as I have beskull. and. but they had On Sunday. and he wanted a piece of it. and indorsed it with my name. Soon after the President was carried out. and was flattened somewhat in its passage through the skull. (The ball was then offered in evidence. and made an examination of the President's box. The next morning I went round to the police station and identified it there. cut out then by a sharp instrument like a penknife. and. I picked it up and took it home with me. The more pressure that was made upon it from the outside. Isaac Jacqcettk. On leaving the theater I missed my night-key. had been carefully removed from the carpet. was quite perceptible. [A wooden bar. For the Prosecution. and he died from the wound the next morning It was about at about half-past 7 o clock. in his office.] . the Prosecution. accompanied by Miss Harris. tis. I thought I saw marks of a shaip cutting knife used to clean out the hole. the left side. Kent. the brace The door opens into the was not there. it was a large ball. j)reviou8 to the process of embalmment. — May 16. which I picked up. Gobright. an examination was made in the presence of Surgeon-General Barnes. [An official envelope." 1 gave it up to Mr. — May 18. fioni whicli was taken ft Derringer pietol and an envelope containing a leaden ball in two pieces. a quarter juist 10 that I reached him. box on the night of the 14th of April. or the dress-circle. Dr. I procured a light and examined very carefully I discovered at the hole through the door. was present at Ford's Theater on the night of the assassination. sealed it with my private seal. the wood apparently being as fresh as i< would have been the instant it was cut pistol waa offered in eTiJenoo. larger than those used in the ordinary pocket revolvers. which he indorsed in like manner. Curof the army.been removed. who aeked me for a knife to cut open the President's clothes. There was an officer stopping at my boardinghouse. there were two other persons there and a surgeon. and thinking J had dropped it in pulling out my knife.82 THE CONSPIRACY TRIAL. This 'dent's [The It was a freshly-cut hole. holding it up. and on searching round the floor of the box. an unusually large ball that is. I cried out. traced the wound through the brain. — May 18. was kknded to tho witness. That. and a brace.] This is the ball which I extracted from the head of the President. and Dr. and the brace was so fixed that it would be very difficult to remove it from the outside 1 think it could not have been done without breaking the door down. I went into about six inches in length. The indentation upon the panel of the door where the brace might have been fixed from against the wall. and looked very securely. It is nearly covered. and the ball was found in the anterior part of the came side of the brain. fore described. by placing the light near the door. the incision into the wall that was prepared to receive the brace that fitted into the corner of the panel of the outer door. etc. the agent of the Associated Press. the President his box. once that that was made by some small instrument in the first place. as I supposed. lor the remains of the plastering that had been cut from the wall to make this incision. It had been said that the pistol was discharged through the panel of the door. was here opened by the Judge Advoeate in the presence of the wiiin-SH.] Judge A. doing whatever was in my power. was handiKl to the witness.

on the night ctowned drab hat. before the assassination. He then wanted to that Herold was going to take the horse . I have known John H. John F. — — saw John H. — • — PURSUIT AND CAPTURE OF BOOTH AND HEROLD. little. with very large rowels. very fine in its texture and appearance. He was on the same side of the On the 14th of April. drab. I suppose he is about five feet. He had a little. but he would not that is how I got to see Atzerodt and Herold. father's house. for I was I last more I interested in his clothing. In walking. Herold came came and asked me how much I would out a double-reined bridle. Seating myself in it. Aiken. is not correct. and wanted to see stable with him. I then placed the chair in which the President sat in the position. page 99. I told him he could told him five dollars. to our stable. not a rocking-chair. but I particularly noticed he wore a pair of new. David E. to my knowledge. and passed within three National feet of me. I saw John H. May 17. Then saddle. That suited him I showed him another. In appearance. I knew him when quite a boy. it had occupied on the night of the assassination. He had grown . I 83 of I ning. me to keep for him. I then told him I would give him the other horse. four. to make clothes. — May 17. in very well. John H. at his tional Intelligencer. May 15. for it was my business gencer. never saw him in that dress before. with satin cushions. and have been him out gun. Hess. about stirrups he wanted. brass-plated spurs. then discovered tliat the clasp which fasthe bolt of tiie outer door liad been loosened. I did not notice whether he wore a moustache or a goafcee.paper was ever received. The upper screw holding the clasp }>ad been loosened in such a way that when the door was locked I could push it open with my forefinger. wrote an article in which he set forth the reasons for his crime. in October. as avenue that I was.lifetime. but rather delicate. and a little heavy. or 9. and he wanted a pair of He then wanted to April. I took particular I knew J. The statement that Booth. The stirrups were cova quarter to 1 o'clock. Surratt. and closing the door. and inquired for furthest. Before he mounted charge him for the hire of the horse. that particular one. I told him he could not have it for stay out no later than 8 o'clock. ten inches. Surratt a great and left it with one of the editors of the NaNo such while. he stoops a For the Prosecution. Surratt before the 14th of April. For the Prosecution. In hight. it was found that my head about midway from the base to the crown would be in the range of the eye of a person looking through the hole in the door. tens recollection still I pretty much out knew him. Atzerodt. and he said it was too small. D. I went down to the uneasy about the horse.PURSUIT AND CAPTURE OF COOTH AND IIEROLD. round. on the 14th of ered with leather. and that was in the stable. Coyle. and we Surratt as that I stand here. Keed. He was dressed in a country-cloth suit of For the Prosecution. I showed him a see the saddles and bridles. I am quite positive that it was John H. I think. from his build. though not intimately. I took him into the office At a quarter past 4 he and showed him the bridles. He was on foot. Cross-examined by Mr. After that hour I became very that. and told him to take a mare about it before I closed up the stable. and engaged a horse. about 2 o'clock. and he would call for it see the bridles. Surratt is light complexioned. which he told English steel stirrups. I do not suppose he would weigh over one hundred and forty pounds. at He knew the horse. bowed to each other as he passed. and he picked at 4 o'clock. I am as certain that it was I was standing just below the Theater. it is not red. I think. it is not white. It was a large high-backed arm-chair. At about 10 o'clock. so as to lay low on his collar. It was cut rounded. Wilkes Booth in his notice of his clothing. as nearly as Miss Harris could recollect. Surratt. though m^ had no intimacy with him. it is a kind of sandy. I the horse he asked me how late he could He wanted it for stay out with him. having a suspicion have her. only that it had not the kind of company with the prisoner. he is not a stout man. with rather singular colored hair. judging David C. See testimony of C. I am connected with the National Intelliand very genteelly got up. John Fletcher.

— 84 away. came upon Pennsylvania Willard s. whether this roan horse had been He said. put In perhaps five or . up Fourteenth Street. I said. giving him a description of the horse. teenth Street. . was a light roan horse. he was so gentle and nice. and 1 down there. —May 16. making no reply to did not inquire for him by name. he has gone across the bridge." and he replied. but I rode slowly coming I went along E Street until I got to "back. if he did not know the rule thaf persons were not allowed to pass after 9 o'clock. and he thought he would have the moon to ride home by. much more In all. " I but do not live in the live close to Beantown town. you have had >t long enough. he wanted He was a very fast horse. asked him if he had passed any one riding on He said yes. . a very bright bay. I became acquainted with Herold by his him.] shown the wit- That is the man that passed first He rode a email-sized horse. Avenue. Fourteenth Street." "Did he stay long here?" I asked. I the horse back by Herold. "You get off that horse now. came to our stable every day." said he. the Navy Yard. and the next day kept sight of him until he turned to the east Atzerodt asked." "Did he tell you his name?" "Yes. and appeared as if he had been ridden 1 suppose Her. right after him. inquiring for the man Atzerodt. "Who are you. I had some three so than the rider. . another person came along. I will not go. I understood by that that he meant Charles County. 1 wanted ten minI rode pretty Aist going down to utes to I'J. and the man that was riding. or. l)ut up there. and went. where I saw o'clock. he turned the horse around. I am quite satisfied old knew me by the light of the lamp. and went along the avenue until I came to Thirteenth Street. " Yes. the night of the 14th of April. and bridle. He said it was in Charles. At about half-past 10 or 11 o'clock.window. about the 5th or 6th of to it. " He said that he was waiting for 'an acquaintance of his that was coming on but he did not wait. a man approached rapidly on horseback. went up Thirteenth Street to E. "If that is so. and seut mane. "No. Stone. I waa on duty at the Navy Yard bridge. legs. at the outside. trot if you would let the bridle go slack. dead. rather an under-sized horse. sat E Street. sir?" He said." turned around and came back to the city . inquiring his pace was a single foot rack. and One day Atzerodt went out riding. " From "Where are you going?" I said. and I passed him. I then returned to the stable. and I advanced to see if he was a proper person to pass. time used as a lady's saddle-horse any one the side stable had been there that day." So I I said. I asked him. He said he did not live in any town. of F Street. and as if he wanted to go to the to the stable.horse. near Willard's." I asked him where he was from. and another man came riding a bay horse or a bay mare. and called for the sergeant of the guard. The moon rose that I thought he was a night about that time. the Navy Yard bridge. minutes past 10. that he had had somewhere to go in the city. Wilkes Booth was ness. " How did he bring the horse That was about twenty-five back?" and if he rode him fast. from about the He would 5th or 6th of April until the 12th. The sentry challenged him. I ' close to Cross-examined by Mr. He for Atzerodt. and the Capitol. and all the to know if the man that kept the horse in nie. he said his name was Smith. He came out. for he was a horse very well stable. black tail. " My name is Booth. I then returned to the stable for a saddle and bridle and horse myself. the horse seemed someiipon the Avenue. but he go. and inquired of the foreman at Murphy's stable. He replied." Said he. and turned down Ninth Street to Pennsylvania Avenue again. I should think. along E until I came to Ninth. it was half-past teentli Street. I went along the avenue to the south side of I there met a gentleman. for President Lincoln is shot and Secretary Seward is almost again. — or four minutes' conversation with I him before allowed him to pass. proper person to pass. the city. looked at When I came to my watch. but. 11 . " You must live in some town. by th^ name of Dorsey. and close on fifteen hands high. and I hallooed to that it was Herold I saw on my horse. and it looked as though he had just had a short burst a short push and seemed restive and uneasy.a right smart distance. but you can not return. and up Four. you can cross. I asked him what town. He said it was new to him. When I caught sight of llerold on the as if he was coining down from the Treasury lie was passing Four. where the guard halted me. I asked him why he was out so late." but he put spurs calling at our stable. " Sergeant Silas For the Prosecution. On " » Third Street. He made answer. He was then going acquainted with the stable. c&me outside of the oflicc ten minutes. and I saw him ride with him. with a shining skin. He seemed llerold tiding the roan Jiorse. as fast as the horse could April. and that they were horseback. for an easy kind of pace. and I asked him if a roan horse had crossed that bridge. eaid. saddle. T. and it [A photograph of J. He Yes." I asked if I He said. could cross the bridge after them. "you had better keep in. "I am going home. Cobb." He u]> the horse." I asked him where his home was. He could ride him. I followed on until 1 got to riding very fast.seven. and it was a dark night. the hor«e was pulling to get what tired. I THE CONSPIRACY went across till TIIIAL.

I should think the horse was going at a heavy racking pace. coming to about 11 o'clock. Atzerodtcanie to my house. so that the light shone full (lid first. taller. For the Prosecution. and went toward T. andG. I think. would he wanted soon. Surratt. I stated to Colonel Wells that Surratt put I considered of suflficient importance to pass them there. I think a bay.] up to my house in the morning first. He made no inquiry about the other horseman who had passed first. and said they I told her that I he asked them or me. at articles at my place. She gave me to attend On . I do not know whether came out bolder with it. distinctl}' the first question she put to me. and road. I did not answer. and both the "shooting-irons. drank. 16. one she came out plainer. although I can not be sure. I do not think the moon was up at that put them in there myself. a few days. The first. Lloyd. Then Good Hope Hill. I asked who he was. a lot of Her language was indistinct. but rose after the horsemen had gone one cartridge-box of ammunition. and if it did not told me to get them out ready that they I do not recollect turn to the right. Atzerodt and Surratt drove I reside at in his face and on his horse. He carried his head down. Cox I met the first horseman two miles and a half or three miles from the city. roan horse. not seem to be riding so rapidly as the or his horse did not show signs of it as much as the first. I brought him up before the guard-house door. there. that I was very uneasy about having them an iron-gray. Some five or six weeks before the assassination of the President. B. There was also time. Mrs. She me the road to Marlboro.PURSUIT AND CAPTURE OF BOOTH AND HEROLD. Surratt's tavern. or something like that. immediately above the store-room.. I asked him how it was that he was out so late." I had myself forgotriding very fast. Sufratt there. a post-office about five They had not been gone up miles below there. that he lived at the White Plains. He showed me where I could put them underneath the joists of the second floor of the main building. a third horseman rode up. half-way up the hill. —May the President. ' the 14th of April I went to Marlboro a trial there. Unionbroached the subject to . It was not over five or ten minutes before the second horseman came along. Both of them w6re riding very fast. who was on a ten about their being there. Surratt asked me to take care of these things. . as if she wanted teamsters were passing at the time. I got off" the hill entirely before I met the second man. Herold. last. asked me if a were hid away far back. A. I told her they dark horse. when they came bar-room. On the night of the 14th of April town. Surratt. and asked me about about half a mile behind the other. Surrattsville. on the road. more than half an hour. On the Tuesday before the assassination of Polk Gardiner. He then took me into a room I had never been in. and I did not wish to keep such things. with ammunition. [The accused. but. there would be some parties who would call for them. in the back part of the building. after a man passing on a roan horse. She met me out by the wood-pile as 1 drove in with some fish and oysters in my buggy. 1 put them in there according to his direcinto the He ' is very near the size of the second with horseman. and I to draw my attention to something. Surratt said he just wanted these articles to stay for forward. and in the evening. when they returned Herold. Cross-examined by Mr. he then asked afraid the house might be searched. 85 John M. He made use of a rather indelicate expression. and to conceal the carbines. Finally she had passed ahead. — May 13. and said that he had been in bad company. I told him no. and a monkey-wrench. was on the Bryantown Washington. I told him there was no place to conceal them. David E. also a rope from sixteen to twenty feet in length. He rode a mediumsized. and that I was horseman had passed ahead. 1 met two horsemen. and made inquiry after a roan horse. when I got home. and so I turned him back. the straight road. The horse did not move like a trotting horse. He did not seem to have any business on the other side of the bridge that tions. but I carried the arms up and him. was directed to stand for identification. I I was coming first and to I met Mrs. Afterward. and am engaged in hotel-keeping and farming. David E. as he was on horseback. a light horse. I should think. John H-. All three. He rode a roan horse. Harold. After his explanation. to keep would be wanted soon. and he would call for them. He had a lighter complexion than this man. and on the sofa were two carbines. and he said that hia name was Smith. 1 • allowed him to pass. For the Prosecution. which I should judge was about 5 o'clock. so that heard him ask them whether a horseman no one else would understand. a roan or had an idea of having them buried. I found Mrs. She told me to have those shooting-irons ready that night. and that he was going home. John Surratt then called me into the front parlor. 1 did not know what she had reference to. As the second horseman rode up. when on me When she about the Washington.

The front spring bolts were or whether he was across the street. I believe. I she named the shooting-irons on both ocdid not give them the rope and monkey. They only took one of the car. that was the only fixing I could give them. was." or some. Surratt was there over ten minliouse and got a bottle of whisky. Surratt came out to where I wa." I used to call and I gave full infornmtion of the particuhim "Miserable. and took utes. and he drank while sitting on his horse. I took the from which Booth had drank the whisky. but to my place. "I will tell you parties here to-night who will call for them. were exhibited to the wit. He re. Cross-examined by Mr. whicli I took up stairs. and field-glass. whisky. he was a stranger to me. Surthat we have assassinated the President and rat about the shooting-irons was while I was Secretary Seward. Tuesday preceding the assassination. When Booth and Herold left my house. and I think the name of myself into the difficulty." some news." I did not make arry reply. and was very ferred to. Surratt then requested me to fix her Herold was present at the time he said that. !<pfncer rifles. have heard Atzerodt called by the nick. old came into the house and said.aware that I was a devil before. never having dollars. "Stranger.came up toward the stable between me and nesii. I supposed it to be versation or not. j | . some time about the middle of the week. Booth said he could not take his. The man whose leg was broken was in the yard. and found to be a field-glass.s. AVhen I first drove up to the wood-yard. " I owe yon a couple of breech attracted my attention.that. Lloyd. said she. and so went straight and got the carbines. I name of " P^rt Tobacco. Surratt on the Friday." With that seen one like it before. The horse.from the axle. on the Saturday week a long time. about the first of December last.the last occasion. Just about midnight on When I met Mrs. I stopped. Whether Mrs. I told these officers that the news was received of the assassination it was through the Snrratts that 1 had got of the President. "Talk about I do not think they remained over five the devil. The out of the glass before he went out. Ofl'utt." "Well. Surratt frequently came there afler to be called for that night. and his imps will appear." cause his leg was broken. be. the other man. which I did not ticular. "I was not bines. "Mr. and Mrs. for lars to Colonel Wells." "AVell. but I did not detail all and not so large. it out to him. nerved at the time. It was a very quick I was to give him.wrapped up in a newspaper. it. . drank some Mrs.! 86 THE CONSPIRACY TRIAL. the spring had become detached not positive I was much excited and un. Herold. Aikex. make haste and get those [coming to Washington. and the peculiar kind of remarked to me." I think that was his: carrying the fish and oysters into the house.buggy. but whether she heard the conon a light-colored horse.something to that effect.myself into difficulty. I think. Iler. found to be one dollar. language. She spoke about have been apprised that I already knew what those shooting-irons. I know she did on know him. If they had never brought me on there. Surratt told me to and hasty conversation. was a bay. B.casions." said he. though she didn't mention any muddy. Surratt had re. "Lloyd. who was on the light-colored The carbines were brought in covers. They look like the he offered me a note. I supposed. The moon was shining when the men Mrs. as well as I can recollect. Herold [Two carbines. I said." and said he. . I am confident that give the carbines. and they rode oft' at a pretty rapid When Herold brought back the bottle cover that is on this one looks like the cover gait in which it was brought to me. "I am not par. I do not know. The first information that I gave of this a gray horse. From the way he spoke he must bine" was mentioned.At the same time she gave me something thing to that effect. first thing she said to me was. and that these things were I I I [ " ." I do not think I following. in the moonlight. I want you to have •Tust as they were about leaving. ridden by Herold. I I rented Mrs. or words to that effect. Herold came into the think Mrs. Between 8 and 9 o'clock the next morning the circumstances. which just about paid 1 something wrapped in a piece of paper. and she was going things. use your own pleasure about telling! undo until I got up stairs. I said." or minutes. I am broken. Captain Cottingham. I suppose some sixteen hands occurrence was to Lieutenant Lovett and higli the other." and then I called him. supposing did she I then got out and went to her they were the parties Mrs. he cover off one. She told me to get two bottles of whisky ready. my sister-in-law. had been acquainted with him over two they took the road toward T. It had been raining. I was for God's sake. not so positive aboiit the first as wrench. came. "I am pretty certain] The conversation I had with Mrs. "Here. I tied them with some cord. the man those shooting-irons ready there will be who was with Herold said. I did not I am about the last. On the Friday I do not mained on his horse. I do not know that the word "carnames. if you want to hear it. months before the assassination. Booth did n't come in. which next morning I carbines that were brought to my place. I never would have got Booth was spoken of as the assassin. Mrs. buggy for her. Surratt's house at Surrattsville. It was a large horse.

We Lieutenant Alexander Lovett. but I said that the name of whisky. Aiken. rapped at the door. and put them in my bed-room. of Booth had never been written. Surratt handed said lie had not taken notice of it before. when. He said the other led the horse of the injured man. After we . at daybreak. off" his horse. Doster. Mudd. for the left foot. for tlie 87 clock struck 12. acof them called for a razor. Surratt assisted me in carrying them up stairs. and that he had his leg broken. was a young man. and saw the name "J. arriving there On [The boot was offered in evidence. but for a short time. crutches that he (Mudd) had had made for him. and with the aid of the young man until. and on Sunday night When others came and searched the place. together with soap and water. Stonk. Offutt. on Sunday morning. and she went up stairs and brought down a boot Mudd said he had cut it "off the man's leg. eo as to have them convenient for any par. —May 15. he had a long pair of right smart in liquer that afternoon. afterward he went on to state that had brought. Mudd.s. took him into his house and set his leg.] We At the second interview. his horse. Samuel A. When he found we were going to search the house. together with the cartridge-boxes. the 18th of April. even the darkeys knew it. I should have been perfectly easy regarding it. I was out by the wood-pile when Mr. in order to set the leg. I went with otliers in pursuit of the murderer. that the President had been assassinated. farthest. I woke up just as the until 12 o'clock. On asking him who the man with the Booth did not take a carbine with him. On Friday. I suppose. When the party brought the carbines to my house. Booth I only brought one carbine down he was a stranger to him.not at first seem inclined to give us any satisratt went away. for he subsequently said it was Booth. Sur.1 PURSUIT AND CAPTURE OF BOOTH AND HEROLD. and to the last he represented that those men were entire strangers to him. according to her directions. on Saturday morning. the day after the assassination of the President. after Mrs. If I had given the information they asked of me. Surratt left. I prepared two bottles Some of the men said the name of Booth was scratched out. but did not mention by whom. was exhibited to the witness.s. and I suppose he was satisfied then. Mudd said it did look sushad killed the President. and they were immediately concealed between the joists and ceiling of an unfinished room. went by way of Surrattsville to the hou. Mudd's again. about seventeen or bine then in my bed-chamber. . I told them I had not. " Yes. beard. slit up in front about eight inches. and 1 was told by them that Booth had been there. did I think I told Mrs. He told me that he had heard. Mudd said that one great while after Mrs. A good many soldiers came there on Saturday. I had the carsaid. which he furorders. were at his house probably an hour. One of our men remarked that this was susand gave it to Ilerold before they eaid they picious. he eaid he could not carry his. By Mr. and whiskers. I brought the carbine to have them ready. He said that the wounded man went off on bottle of liquor they had nearly drank. they asked if 1 had seen two men pass that way in the morning. whom I recognize among the accused. for 16. where they remained until that Friday when Mrs. and the store-room and carried them to my bed-room wounded man shaved off" his moustache. which is about thirty miles from Washington. I called Mudd's attention to it. I went to Dr. that it was a lield-glass she faction. Recalled for the Prosecution. That is the boot. — May [A long riding boot. That is the only thing I blame myself about. the package to me. He said. Surratt gave me information that they would be wanted that night I then took them out. the 21st of April. two strangers had come to his place. For the Prosecution. Cross-examined by Dr. 1 made ^ the remark to him that his wife said she had seen the whiskers detached from hia face. and he ties that might call that night. The other. one." He said the men remained thera I went to bed beafter night I got more so. at church. two or three weeks at the who had knocked at the door helped the other. he said he did not know. I got them from the cording to her nished. Tliis is the only thing I am sorry I did not do. Mr. and I understood him tween 8 and 9 o'clock. It was no eighteen years of age. just pretty on Tuesday. It was generally understood at this time that Booth was the man who assassinated the President. and Dr. and he (Mudd) showed them the way across the swamp. they never told me picious. I turned down the top of the boot.«!e of Dr. of them Surratt gave her a package. the other remained on By Mr. broken leg was. I asked him if he had any other I was that until they were about riding off. according to her direction. for the purpose of arresting him. and slept very soundly that they left in the course of the morning. who had his leg broken. Mudd went down and opened the I did not know his name to be Atzerodt door. and about one-quarter of a mile or so oft" the road that runs from Bryantown. he still insisted that the men were strangers to him. Mr. She did not tell me that Mrs.Wilkes" written in it. he feaid something to his wife.

and he said Some of the ofticers then there had not. afterward searched the 17th of April. — noon. Mudd told us the boot had On Saturday. I afterward heard from Dr. Mudd whether two strangers had been there. a as the the I Booth's knew it the satisfied I did not like to do. rived at Dr. and blue about the Cross-examined by Mr. Samuel Mudd's we were accompanied by Dr. We. and unwilling to give us any information without being asked directly. that he told me he was and William Williams. tion Booth's name at all. and they I this because Mrs. Wilkea ward his wife told me that they had staid Booth. that Dr. he said he had an introduction to Booth in November or December last. had. first heard of the assassination of the PresiHe dent at church. to the citizens. Samuel to his house. Joshua Lloyd. looking up some land. he said it was money about them. I asked Mudd if the men had much William Williams. Mudd said he had shown the men the way across the swamps. Dr. I went through it half a dozen times. I did not tell lym of my track. and Mudd remarked that it did not look like Booth. Mudd was describing thing he had done. after. I asked if any strangers had been that way. last fall. whisker became detached when he got to the arrived there about 1 o'clock. been in the house some minutes. We tracked tiling man as scoured it all over. Stone. I commufoot of the stairs. I understood him to refer to the swamps a thousand yards in the rear of his own house. and his wife brought it to us.s. Wilmer's. ^ house. and was with him when he bought a horse of Esquire Gardiner. or inquired for Parson Wilmcr's: that he took them to the swamps. Our first conversation was with the Doctor's wife. I asked men ahead of me to Bryantown. that an hour. he said he had been along with Booth in the country. Cross-examined by Me. from a man named Johnson or Thompson. it was not my busi. lip. May 20. In my first interview with Mudd on the On my second visit. When we asked Dr. We went into When we house. Tuesday. he said he did not know. For the Prosecution. Dr. I arrattsville. but he said nothing about the other having a carbine. After we entered the introduced to Booth last fall. George Mudd. I first heard from Lieutenant Dana that two men had been at Mudd's house. I walked down Tuesday. On Monday. and was was unnecessary. Ewing. and his wife sent after him. wiien on horseback. on the Sunday morning.. George Mudd that a partj' of two had been at Dr. Wilmer's. and one of the men said we should have to search the For the Prosecution. by a man house. on Saturday after. as near as a till about 3 or 4 o'clock. The Doctor never told me nicated the intelligence of the assassination. Shortly after tliat. Mudd appeared to be much frightened and Wlien asked what arms the men anxious. I did not men. first went to Dr. it spread through tiie village in a quarter of was on the sofa or lounge. Dr. THE CONSPIRACY TRIAL. or eitlier of them having a knife. cial officers Simon Gavacan. except a little across the eyes. I sent a guard of four whisker. it was not a very nice job though.I knew for a certainty it was J. He was not at home. he told me he and the name of the assassin. He told us that the men went to the Rev. and. It was not until after we had Lieutenant David D. in company with some cavalry. house. Mudd had said that the arrived about half an hour before me. Mudd's. the day after the assassinabeen found. and got as pale as a sheet of paper. Dr. I asked him if that might not be a Ailse tion of the President.Mudd previous to that. like a man that was frightened at someAt the time that Dr. . He admitted that ing Booth from Washington. by reputation. customary to make a charge to strangers in such a case. ness to tell him whom I was after. and his wife sent for him.at all. that they were on their way to Allen's Fresh but I paid no attention to this at the time. one of the men sliowed him pliotopraph. at our first interview. and gave a description of them. Some of the citizens asked me if the men remained but a short time. George Mudd was to me the "two strangers" that had been present when I asked if two strangers had He had spoken to Dr. — May 17. lie said they had considerable greenbacks. I demanded the razor tiiat the man named Johnson or Thompson. When Dr. he seemed very much excited. and addressed no threats to him. Mudd was out. although I did not ask him if he had been paid for setting the man's leg. I was accompanied by spe. in this connection.been there. however. as I considered it was a blind to throw us off" our track. left hie Mr. I think he stated that he talked with him. his manner was very reserved and evasive. Mudd stated. Although I was in citizen's clothes at the time. On being questioned. and it was not till I had arrested him. I proceeded to SurOn the next day. men as far swamp and we could.person could know any thing. Dr. Dana. whom we had taken from Bryantown along with us. Mudd stated that the injured man had a pair of revolvers. and I told them yes. I did not mention the name of Booth and met him. seemed to be uneasy. that he had Booth up stairs. Samuel Mudd's.two strangers had been there. had used. at churcli.

one having his leg fractured. and that he Cross-examined by Mr. witness continued.. but came down and let them in. however. She said that the man with the broken leg had left She then went and his boot in the bed. Mudd that we had to search She then said the house Mr. Mudd then came down stairs. Dr. stairs and brought down a boot and a razor. though he had not much facilities for I believe he said the wounded doing so. and examined his leg on the sofa. Mudd said that the men had arrived before daybreak. I believe. Mudd's house. but could I understood him to say that not get one. he said that he was introduced to him last fall by a man We . the 18th of April. and he had looked out of the window up I stairs. and Dr. got to the Rev. Friday. he came. 89 Dr. Mudd said no. or half-past 4. N. and wanted to come in. brought the boot down. us he did not know the persons at all. in Any is thing that was admissible. It was a long riding-boot. he did not remember the features. tended to the fractured leg as well as he could. having been not. He then said that they had I asked him if those men were been there. Mudd's again. with ''J. found The road is not much frequented. I sliowed him Booth's picture. and had had crutches made for liim by one of his men. I asked him the question on Friday. I was at Dr. In answer to our questions. and that he had set the leg of one of them. For the Prosecution. He said yes." thought that was Booth. Mudd The said. and he said he thought not. This was presence. with the assistance of the young man. Stone. and asked them who they were. On Friday. EwiNG. we went there again purpose of arresting Dr. he said it did not. When not in. one. got the wounded man off his horse into the parlor. Inside the leg of the boot w£ found the asked him if he words. and pretty I asked him if lie long chin-whiskers. person staid on the sofa for awhile. " Broadway. He The injured man said he could not tell. and. —3fay 17. Then we inquired more particularly if two men had been there. looking at the picture a little while. he told us that they had come about 4. Dr. of him if he knew Booth. and Lieutenant Lovett had charge of our squad. and went all through the different swamp roads. He said the man had whiskers on. and after that was taken up stairs. he said. He said they were not Booth and Herold." written inside. in purWe suit of the murderers of the President. but his wife sent for him. They had come to his door and knocked. After we had arrested him. that he and the Dr. The boot was cut some ten inches from the Mudd's instep. on leaving his house they first inquired the road to Allen's Fresh. and that tliey went away on foot between 3 and 4 o'clock on the afHe had set the man's ternoon of Saturday. apparently seventeen or eighteen years of age. and that he had shown them the way down to the swamp. on were acting the Wednesday evening.^fied me that they were the tracks of these men. The wounded man l)ad a moustache. and asked him if that looked like After the man who had his leg broken. I did not pay much attention to their going to Farsou Wilmer's at first. He said that he went out with the other man to find a buggy to take away the wounded man. leg. one of them having a broken leg. other person assisted the man with the at- broken leg into the house. for the purpose of arrestHe was ing him and searching his house. that on We We We Simon Gavacan. At our second visit to Dr. inquired if two men passed there on the Saturday morning after the assassination.. and we heard nothing of them on the road. and that he took them part He told of the way to show them the road. and were on our way to Bryantown. Mudd for the leaving they asked him the rojW to Parson Wilmer's. because I thought it was to throw us oflf" the track but we followed the road as far as we could. Mudd said that the first knowledge he had of the assassination was received at church on the Sunday before. and also to the Rev. a smooth-faced young man. but that he thought he shaved off When we inquired his moustache up stairs. I asked him concerning the two men who Iiad been at lii. I think. the 21st. that he was a little alarmed at the noise. Y. believe. I believe it was on Friday that Dr. eaid in Dr. Lieutenant Lovett was present at this conversation. and remained there until between 3 and 5 o'clock in the afternoon of Saturday. Wilmer's. but not such as sati. the 21st. introduced to liim last fall by a man by the name of Thompson. we told him that we would have His wife then went up to search his house. Wilmer's. Mudd's house on the forenoon of Tuesday. believe he said their reply was that they were friends. Two men had come there at daybreak. but his wife sent for him. if "two strangers" had been there. You need not state what Mrs. we went to Dr. Wilkes" and the maker's name.s house. I Mudd's presence Dr. He said that there had been. thought the whiskers were natural. he said it looked something like Booth across the eyes. and rapped at his door. "J. He was not at home. after awhile. On had a shawl round said his shoulder-s. Wilkes. PUKSUIT AND CAPTURE OF BOOTH AND HEROLD. I informed Mrs. under the orders of Major O'Beirne. after which we divided ourselves. on Saturday morning. Mudd. Mr. The Judge Advocate. said. horses' tracks. He said lie knew Booth.

Mudd brought us the boot. and he denied either that the a. I saw a if he had not heard of the President being wagon down on the wharf. Mudd said he did not rec- WiLUE For S. I photo^aph of Booth shown on Tuesday. — — We We . Herold asked us company with Booth that he had been in. and having son.s of the President. but we declined. Mudd was out. Jett. and he ognize it. County (where I had been with Mosby's I was engaged with others in the pursuit command) to Caroline County. called to him. Dr. as com^ missary agent of the Confederate States GovJoshua Lloyd. he said he had never it." one was riding and the other walking. Mudd s on Tuesday. and gave it to Lieutenant Lovett house further. — May 17.ber. and when they left his house going. down the boot and razor. Lieutenant Ruggles was very near." tor. Lieutenant Ruggles view. Mudd then brought the razor down himself. and either Herold or myself repassed I described them to him.ssa. When had talked a very short time. • Our conversation with Dr. and then if Booth and Herold had came tluro.ssinator. passed himself off to us first as Boyd. . name was Boyd that his brother was wounded At this interview Lieutenant Lovett and Mr. and he seemed to be very much excited. the wagon. Booth's portrait was shown to Dr.s. house Dr. He offered tied our horses. On Friday. and asked us what command we belonged to." He It was late on Tue. " belong to Mosby's conunand. I asked him Conway. and the marked to Lieutenant Ruggles that they were horses they rode. but not far away. They came on horseback. " I can not go with any man Cross-examined by Mr. on assassinated. and he that way. Virginia. At the first inter. Stoxe.to go and take a drink. came toward us. 1 think he said. when he was introduced to him by Mr. Mrs. 1 ." I was so much confounded that for he was not long in returning with the I did not make any reply then that I rememmessenger sent for him. I was not take him out of the lines. the 18th. P. and then introduced Booth. More recently. Mudd brought ail the time. One of us asked him what comAs we were sitting in the parlor. and did not search the there to buy some property. at the ferry. we all sat down. and said. Virginia. "That's a secret. he carried me down to the he showed them the road. and Herold introduced himself passed. At Port rection of Surrattsville. Herold minutes. Booth any strangers or Booth and Herold had then came up. can mained there until about 4 in the afternoon. he would like to go along with us. believe there was a to Dr. or 8urratt. lead. I askeii if any strangers had passed watering his horse. where we are After this we went back on the a broken leg. and when the Doctor saw that we had the boot. 1 was on my way from Fauquier For the Prosecution. view. Mudd lasted He was asked questions probably an hour. Mudd said that he had been in him where we were going. he said yes. I understood wharf. Lieutenant Lovett was there by all of us. ernment. ''If I am not inquisitive. young man named Bainbridge. President Lincoln. and re. " I suppose you are raising him to say that the man's leg was broken a command to go South?' and added that by the fall of the horse.ssassinators of the were there. Each time that we went to his marked. tioned in Caroline County. he said they went up the hill me on the shoulder and said he wanted to toward Parson Wilmers. I ask where you are going?" 1 spoke. in of the murderers of the President in the di. were all dressed seen them. When Mrs. Dr. bi'low Petersburg. he said two men came there about 4 . and he replied. I then asked him the Monday week after the assassination of if he had seen any of the parties Booth. Mrs. Ewino. on the Rappahannock. At length I said. and asked if we would Williams did most of the talking. but he thought the mau who had • He Cross-examined by Mr. "To Herold told us their seemed very much worried. Mudd.wharf. at the second inter. and then re" We are the a. been there was not Booth. Alter we no explanation of his previous denial.said. We troduced to him by a man named Thom|> then rode up to the house there. the 21st. President. and ' the Prosecution. Thompson. he admitted that Booth had been there. Before he came to the house. that I do n t know any thing about.in Confederate uniform. We did not tell well. Hill's corp. but said there was something I was formerly a member of the Ninth about the forehead or the eyes that resemVirginia Cavalry. A young man got out of Herold. told us that Booth had been down there last fall. May 16. and a man with crutches got out of ing his horse. The interview only lasted a few to us. and I think he said speak to me. one of tliem had and replied." o'clock on the Saturday morning. I think he said Booth wan named Thompson.90 TUE CONSPIRACY TRIAL.A.company with Lieutenant Ruggles and a We got to Dr. at church.sday evening when we seemed very much agitated. we thought we had satisfactory evidence that Booth and Herold had been there. Herold touched the men left. so did the Doc. then. 1 was stabled one of the parties. .He then said. Mudd mand he belonged to.

he said he would not have told. paid he 91 the two river?" se. liouse?" " They have gone. not appear very self-possessed. and get ready to go. just as he represented himself to me. Garrett's. After they were gone. and I will put I assisted in the pursuit of the murderers that man up to the top of one of those locust He did not seem inclined to tell. I went to the house and found Lieutenant not present when Herold told me they were the as. had his the evening. " Do n't the narrative of the pursuit at tiie point where hurt the old man. trees. Conger." " ." Said I. on together. Herold was When we got on the other side of walking. his voice we saw was an old man. "Gone to the woods. " That is what I want to know. except the were caught. " We are the the two men who stopped here at your agitated. C4reen. I think the door was Herold did open when I got there." I said to him." or he may then commenced to tell me that they came have said "Lincoln. and we rode rapidly up pointed after we made known our real object. " I have just come from there. him the next morning in the custody of the Garrett's house. If you have come that I can not Clark's. " Where are His language was. " Can I 1 replied. sir. that. you alone?" "Yea. The next day Herold came to Bow. about three miles this side of " At whose house are they ? " I asked. the Prosecution. we He dressed. before they got out of the boat.W. and I will tell you where they can be found. The first individual that he did not intend telling. and stationed the men Booth was around the house and quarters." and then. On the night of the capture.e He men who came with you across the He came up to me and said. then. " I thought you ably embarrassed. went into a house. cilities. I will tell you met w^th Willie Jett. I remember.PURSUIT AND CAPTURE OF BOOTH AND HEROLD. I said. left in night that they horse saddled we gathered the party around I saw of him." WiTNES-s. had dinner. Just before we got to the officers. then afterward she said she could I walked across the street to Mr." "Gone where?" "Well. " Yonder is J." He lie said. I put on his pants. came from Richmond. Will you please take up One of his sons then came in and said. He said.tell you whether they are there now or not. want any long story out of you. Booth rode Rugglcs's horse.you where the men are you want to find." he replied. you Lieutenant Baker and Lieutenant Doherty were with me. the steps. "We are very near now to where we go through let ua the man that I saw with Booth. Garrett's. I rode forward to find the gate Herold said he wanted us to help in get. I 6aw the house together. I asked them to go We out of the room. I are they?" then left the house immediately and found Jett in bed in a hotel in Bowling Green. to within a few miles of Bowling Bainbridge and Herold went to Mrs. when I went down there. the abouts in the woods have they gone?" man *vho killed the President. you have come past them. when he Baker at the door. and came out to me in the part of the men. I asked her if she could take in a wounded Confederate soldier. and he was a good deal to be Garrett." the house." He stopped a moment. and sent I went ting Booth further South. I just want ing to take it." Cross-examined by Mr. sir. " Have you a horse?" "Yea.back for the cavalry. a light and come out. the river.want them to stay. riding with me. " Y'ou say they are on " Yes. spent the day. for two or three days. He and 1 rode stop here and look around. and he seemed a good deal disap. sir. and seemed to be considerSaid he." I have never taken there witiiout his consent. I told him to get up. EvERTON For J. — May "Bring We . Stoxe. I said. JiDGE Advocate.Lieutenant Baker to open another. had on liis of Boyd. Catnot. to the house and baj-n. know where these men have gone..." ling Green. and that was the last would go back and see. and sat down there some time on Tlien we went across tlie river. "I do not the oath of allegiance. he is scared." of the President." Said I. "In the barn. Green. " I know who you want." " Get it." He said. and I said it did not make any difference. and there we left Herold and all of us went on up the Booth. wanted to pa^s under that name. and you can get them. and stationed the remaining As soon as I got there." I said the road to Port Royal ? " We to him. but tliey kept the name Booth. She at first consented. and state what oc. in a lariat rope here. assassinators of the President.sassinators of the President. He went to the barn. can. afterward told ua their true names were Herold and Booth.that went through to the house. B. where curred until the pursuit closed. was not at home. then litt's. he reached out his hand to me and said." He commenced over again to tell me. "I will go there with you and show you where they are now. Jett. I got on my horse and rode up to Port Royal. I said to him. but am perfectly will. . " That's what I want to know. said. road. the door and said to one of the men. and Kuggles and myself to Bowling way. that he did not I said to him. sir. that I wanted him. but we had no fa. but he went on up to Mr. "Where are heard somebody walking around inside on the front part of the room." "Mr. " They are on the road to Port Royal. and saw a lady. and went back to Mr. and I turned to to 17. Wilkes Booth. wherepointing back to where Booth was standing. that we were going on a visit. telling somebody to strike came up. whose name was said trembled very much. went back then to hand " J. I recognize the prisoner Herold as house.

' ' . I do not know which. whom do you want?" Lieutenant Baker said. we will not lie to him about it. we want to take you we are. I put my eye up to the crack next to the one the fire was put through. was. in five minutes we would Booth replied: "Who set the barn on fire. "It don't make any difference who we know who you you. pulled some bay out. some of it was iieard." I do not think there was any thing more said. I have got but one leg." ' ' there again.' and threatened to shoot I said to him. Very / Bakef said. "Upon the word and honor of a gentleman. if we can get one of the men out. "If you'll take your men fifty yards from the door. holding him. "He reached down to the hay behind him to get I then directed his revolver. "Captain. I do not know " me if I and. I will come out and fight you." He said. or fifteen minutes probably intervened between that time and any thing further being said. and pa.'j. are. who was in the barn. He came back witiiin five feet of the corner of the barn. what do you want.ssion of his face. The only thing I noticed he had in his hands when he came was a carbine. and" he came out ver}' soon and said. turned around. turning toward the front door. and I came out. which I supposed had refirence to the bringing out of the arm. "The arms are mine. " You must go in the barn I think and get the arms from tliose men. " Do not by any remark made to him allow him to know who we are. awhile came to side says that tliere By that time another Garrett had come from somewhere." After awhile Booth said. one after another. Some conversation ensued between them. ^ hay." Lieutenant Baker said. you need not tell him who we are. He put some up there. was going to shoot you?" Said he. " You carried Booth a carbine. let us do it. and 1 have got well. but simply insist on his coming out. brought him out. " How do you know he me." conversation he said. and from the expre. if he will." Lieutenant Baker to tell them that if they would come out and deliver themselves up. you have betrayed me. and wait no longer. which I supposed to be Booth's crutch. replied.— . he has no arms. and Baker said to the men ineide. and looked in. and blazed very rapidly lit right up at once. It was very light. I went around to the corner of the barn." I say Booth for I presumed it was he. and I heard something drop on the floor. go. about six inches long." and some ten certainly. " They know you. "Very well. and I believe you to be lionorable. prepare a stretcher for me. " Who are you. "Hand out your arms. but we need not answer any questions that have any reference to that subject. It was loose. relaxed iiis muscles. will you leave me now? Go. and I have got them. "Never mind the arms. I said to ." passed in the barn. and we want Said prisoners. " You damned coward. he stood with his back partly to me. a man in Lieutenant liaker here wantw to come out said " Very well let him hand his arms out. • . was. or raising him up. I went right to the door." The door was opened. His answer to that was. set fire to it. Garrett went in. in to get your arms. "There's. I'll come out and fight you. He replied. and he must hand it out" Booth said.' I. we simply came there to make him a prisoner we did not want any fight with him. he made some objection to it. and you must coa)e out and deliver youi'selves up." Lieutenant Baker replied that he did not come there to fight. and went into the barn and found Lieutenant Baker looking at Booth. " Well. give up your arms and come out. broken-up hay. He — When I first got turned around toward me.said. "This man carried a carbine." side of the Lieutenant and said to him. " This man says Damn you. I am a cripple. he stuck out his hands. He looked at the fire. a glimpse of him. "I have none. and what do you want ? " I said to Lieutenant Baker. and Lieutenant Baiter said to one of them." The reply to him. are you. on wiiose premises you are. which was one of the conditions on which Heroid was to come out. and stuck it back through on top of the hay. " . some not. The same reply was made to him. Some considerable talk and come out. twisted up a little of it. we wiW take advantage of it." he." The reply was made to him. and looked along the cracks." Lieutenant Baker said. •' Let me out. and after " may Some be I time am to them'. rapidly. it in the be taken by my friends. very well. or thinks we are his friends. "We want you. in a singular theatrical voice. if you will withdraw your men in 'line' one hundred yards from the door. "This is a hard case. "Let us have a little time to consider it. if not. gi*e me a chance for my life. He asked again. lie dropped his arm. and we know who you are. He came back. and was satisfied that he could not do it it was burning so much." Some time passed before any further conversation was held with him. ran around to the other side. and you must hand it out. I know you to be a brave man. If he thinks we are rebels. that had been trodden upon the barn-Hoor. It was not heard we could simply iiear them talking. and startI ed for the door at the front of the barn. In the mean time I requested one of the Garretts to pile some brusii up against the corner of the barn pine boughs. you can go in. I am satisfied he looked to see if he could put it out.ssed him to the rear. Lieutenant Baker took hold of him. the arms are I stood by the mine. One of the expressions made use of by Booth to Heroid. 1 would not iiave you stay with me. said "you need not go " . Once more after this he said. He came to the door and Lieutenant Baker' said said. He could not see any thing. THE CONSPIRACY TRIAL. and when about half round I heard the report of a pistol. "This mart in put any more brush in " he " will put a ball tlirough me. my brave boys. '•We are going to send this man.

"Let us pass. and he somewhat the cartridges that I took out. he shot dead. (second and third of the same tenor and date unpaid." the pistols I did not examine out on the grass. . Va. several efforts to speak." No. when the doctor there said he was running out.] carry him out of here. He was not then quite dead. if he recovered. "No. his heart would almost die out. his resemblance to his brother." sary. and these are water. and wanted He asked to be turned immediately back. carbine. but I could not.) pay to the order of J. Secretary Stanton's ofiice. in the barn. and he made These are the bills of exchange. and holster taken took him up and carried him burning. on your face " and he wanted to be turned on his side we turned him upon his side three times. or something. 93 him. and tied them up in a piece of paper. perhaps. but was unable to do so no muscuI supposed he lar exertion could he make. and there was no water and to be the one taken from Booth. I said to him. [All these articles were put in eTidence. and tried somewhat my. and bring him on. to wait there and send over to Belle Plain for a surgeon Cross-examined by Mr." The reply was made to him. . 1 had seen John Wilkes Booth in Washington. ear down close to his mouth. this will soon be That is the knife. holster. " There is no blood in your throat. it has not gone through any part of it there. we gave to be turned on " You can not lie it to him. — — We found no arms on Herold. were shown to the witness. and when the question of delivering up the Booth said that the arms Booth said. "Yes. pipe. I put my — We . and finally I under. the carbine we nothing to help with. pocket comI then said. "Yes. "Is that what you follows :] Bay?" repeating it to him. the spur I and I judge this self to put it out. file. Before this. either. 27 Oct'r. "Tell mother I die for my exchange in triplicate. and looked on the right side of the neck. "who had nothing to do arms was were raised. I think. into the barn immediately to see if the fire That is the pocket compass. but they looked like these. we want you to get well. I recognize among the accused. . kill me." think we got to Garrett's barn about 2 o'clock in the morning. which I pressed I did. pair of pistols. and laid him on an old straw bed. thought something was in his throat. 1864 first .grease on it. That is took it is a Spencer rifle." I then took what things were in his pockets. " Kill me. and saw a place where the blood was was said. belt. burning so fast. Glynn Mills & [Signed] Co. He would once. he from one of the gun-ships. shot in the head or neck?" I staid there some ten minutes after that then. "Open your mouth and put out your tongue. "There is a man in here who wants to get out. STANUS. He They THE ONTAKIO BANK. "We don't want to kill you." I think he added. I then went back. himself" Lieutenant Baker replied very earn[A knife. carried him from there to the porch of Mr. Montreal. I told him to wait an hour if Booth was not dead. Manager. in five minutes gasp. so as to be intelligibly understood.PURSUIT AND CAPTURE OF BOOTH AND HEROLD. spur. 1 left the body and the prisoner Herold in charge of Lieutenant Baker.VCHANOE FOR Sixty days after sight of this £fil 12i. embracing the region known as the Northern Neck. he cpuld not speak above a whisper. and then it would commence again. and attempted to speak. but he . and charge to acc't of this office. wanted water. London. H. is in Caroline County. Wilkes Booth sixty-one pounds twelve shillings and ten pence sterling. Garrett's house. "Whereabouts is he in the space of an hour. and bills of exchango estly that he did not. revived. and recognized the man who was I had before remarked killed as the same. where they were captured. the man Herold. and it was about fifteen minutes past 3 that Booth was shot and carried out on the grass. all his. sir. to get the best conI raised him veyance he could. "He shot himself.. I said. a little way from the door." Said I. . from Booth I went back with any care. and. Both the pistols and carbine were when I got back to him. [Stamp. and the chamber was full. cartridges. of exchange. I supposed him to be dead. He said. — The farm of Mr. if he died did not. me to put my hand on his tliroat and press down. Edwin Booth. I unloaded the carbine myself in were moving. down as hard as I thought necesand he made very strong exertions to cough. Garrett. Value received. whom we took prisoner on that occasion. I called immediately for some Mr. and he said. He had some conversation with Booth while in the barn.] E.." I said to him. belt." Said lie. his face. Stanton. We found on Herold a small piece of a school map of Virginia. 1492. his eyes and mouth loaded." He repeated two or three times. lOcl. and I said to him. about three miles from Port Royal. He wanted To Messrs. and by a few rapid beats would make a slight motion. it was turned over to Mr. with the candle could be put down. When with I it. Montreal Sranch. Stone. in whose barn Booth was captured and killed." Which he did. I said to him. underneath the locust-trees. just as we found it. or tick. and 1 will see if it bleeds. also the bill of stood him to say. whom I had often seen play. could not lie with any comfort. and put it on his face. "Harder. He and has a mark on the breech by which I had all the appearance of a dead man but know it. there was one I put my in the barrel. on the road to Bowling Green.initials on them. By that time he revived considerably he could then talk in a whisper. The first of the set was read as country. in which Booth called him a coward.

17. who was watching him. I you took in the capture and killing of Booth. taking up the narrative at the point when you arrived at the house. tinguish him about the middle <ff the barn." or such words. One of the men. After awhile we heard the whispering of another person although Booth had pre. He lived. I believe. capture and killing of Booth. but as long as he was there. there is a man in here who wants to surrender mighty bad. then left upon the house. thought he had better stand by him. and the main portion of the men thrown around the barn. "Well. and when I became impressed tliat it was time 1 shot him. . I could have picked off three or four of your men already if 1 wished to do so. as it were. Herold seemed to be trying to perAfter awhile. As th« We could then disflame rose. he made a re — — A mark to that effect at one time. " I want you to deploy the men right and letl around the house. set fire to the hay through one of the cracks of the boards a little to my right I had previously said to Mr. my brave boys. Herold declared that he had no arms. with orders to allow no had been previously one to escape. and came out a little higher up on the other side of the head. They were told that they must surrender as prison- He was told to hand out his arms. " 1 declare before my Maker accused as the man we took out of the barn. told me that Booth was in that house. that the posshion in which I stood left me in front of a large crack you might put your hand through it and I knew that Booth could distinguish me and others through these cracks in the barn. Herold was taken out of the barn. seeming willing to tjike all the mark made by my commanding officer. he turned to the other side of the barn. Captain. was not mentioned in the whole affair. He used such language many times. but from a rewhatever. and I will come out. but he positively declared that he would not surrender." and at another time. Immediately after Herold was taken out. or else the barn would be iired.we would take them. . except a cry or shout as he fell. that this man here is innocent of any crime I had never seen Booth before. or someThen Booth said. ' . and that the other man was unarmed. lie wanted to know who we took him for. and did not expect that he would surrender. I did not know which but he was then coming toward me. Said he. either to put the fire out or else to shoot the one who started it. the detective. and shot him through a large crack When he was brought out I in the barn. though. shoot me through the heart. upon him attentively to see that he did no harm. and see that no one escapes. Conger. and Booth declared that the arms all belonged to hint.a 94 h'xKo'T THE CONSPIRACY TRIAL. it was found gUard was that Booth was in the barn. a little back of the ear. my boy. while blame on himself and trying to clear Herold. In fact. Lieutenant Doherty. he said that his leg was broken and what did we want with him and he was His name told that it made no ditlerence. We Draw your men off filty yard. until about 7 o'clock that morning. and also to my commanding otfieer. Bang out. he suade Booth to surrender. and could pick us otJ" if he chose to do so. — ers. said that he did utter the words which were pub- — was no one there but himself who proved to be the prisoner Herold." or words to that ellect and thereby I knew that he was perfectly desperate. " I recognize the prisoner Herold among the go out and save yourself. Boston Corbett. and passing me. "<'ap. He received no satisfaction. him speak a word after he was shot. probably a full half hour. I should think. Although we could not distinguish the words. perhaps two or three hours did not myself hear 1 after he was shot." seeming to disdain to do so himself Said he. making no dcmonetration to hurt any one. but kept my eye on him steadily. my connnanding ofticer. .ston Corbett When we rode up to the house. closely investing it. Af^er making inquiries at the house. 1 took steady aim on my arm. Ibund that the wound was made in the neck. that we could not here. Mr.sion tlie circunietanceB Thr Judob Advocate. in which." Then I suppose words followed inside Herold. and told that the barn would be tired in five minutes if he did not do so. me. Sergeant Bo. ''Cap. My mind was but at whom I could not say. if you can and then he said. but was told that he must surreruier uncondiThe tionally. Finding the fire gaining uf)on liim. Atone time he made the remark. — May just detailed to tlie ('ommi." Which wasdone. After being ordered to surrender. 1 supposed he was going to fight his way out. Conger. parley lasted much longer than the time first eet. if they would give tiieniyelves up as prisoners. and as he got there I saw hini make a movement toward the door. lished. Booth wanted to know when. thing to that effect. and got toward where the door was. you were will aek you to state what part engaged. you can prepare a stretcher for me. that viously declared that there — 1 .s. He was finally taken out without iiis arms. " Well. he was seen. 1 could have shot hira jthen much easier than when I afterward did. Wheri the fire was which was almost immediately after. I did not shoot him. on the boat going down to Belle Plain. perhaps. saying. cautioned to see that our arms were in readiness for use. a little to my right full front breast view. turning toward the fire. who were near him and watching him constantly. " O. Conger has connected with tlie purt^iiit.s. i He was taking aim with the carbine. told me that he aimed the carbine at lit. came round to the side of the barn where 1 was. " <'ertainly. Booth made many replies. Others. For the Prosecution. make quick work of it.

while in the barn.-." I then took him and tied him by the hands to a tree opposite. if any." Said I. if Plain. Conger. " I bave no arms. but because it was my impression that it was time the man was shot. that it was Booth. Lieutenant Doherty. Barnes. it. " Let him hand out his arms.cle of the leftside of his neck. Mr. He had a scar upon the large mu. and crossed the Potomac there. on the verandah of the house. about two yards from where Booth's body was carried. but finally he said. wait until Mr. " Have you got any weapons at all about you?" He said. Just at this time the shot was fired and the door thrown open. Herold made no resistance after he was captured. and once to Mr. May explained by the iaid. there is a man here who wishes to surrender awful bad. from his desperate language. ihere was anybody there but himself. as improper motives have been imputed to me for the act I did. It looked like the scar of a burn insteau of No. Stewart's house was mentioned by some one as a place at which they had stopped. Baker said. Herold told this man by Cross-examined by Mr. open that door. than to Said I. said I. " I will take tiiat man out when nearly well. Wttn'kss. and that he was alone. Booth had fallen on his back. I then said to him. liad better let him out. he waa Herold. in the capture of the prisoner me afterward that he met accident about seven miles from Washington. Previous to this I had sent some cavalry for the doctor. lor I thought he would do harm to our men in trying to fight his way through that den." I said. From man with him was innocent of any crime whatever. I then put my revolver under my arm and ran my hands down him to see if he had any arms. and put the body on board the wagon. Baker. where I could not see him. * . Baker said. three inches below the ear. I took charge of Herold and when I got him outside he said. I did not not know that it was Booth. Booth in the mean lime died. the Prosecution. name was you know know it. "We know ' ' Booth said. For I the Prosecution. He did not mention the houses at which they stopped. one of the detectives who was there." I an incision. and we got a negro who lives about a mile from there." do not. "No. let me go around here. although he could see me. for I believe no other man would act in such a way. and kept him there until we were ready to return. I judge that Herold was at first anxious to surrender. and all he said on that occasion. to go into the barn and take the man. when he was brought to this city. tlie reply of the one who spoke was tiiat his leg was broken. which Dr. Jddge Advocate. " No. Imt whether it waa by Herold or not I do not remember. and I sewed him up in a blanket." well who it is. "you know I "No. It was not through fear at all that I shot him." I stood by the door and said. jaid. or words to that eflfect. "No. between II and 12 o'clock on the night of the murder. myself" The door was opened." pulling out of his pocket a piece of a map of Virginia. sure it was the men in the barn were summoned to surrender. I will ask you to state the part you Sixteenth took. — May 20. t Surgeox-General For I J. the conversation in the barn. Mr. and that this man Herold was innocent. Immediately when the fire was lit. The soldiers and two detectives who were there went into the barn and carried out Booth. "We tumor some months previous to Booth's dt^ath. occasioned by an operation performed by Dr." Mr. Edward Doherty. " Hand out your arms ind you can come out. — had command of the detachment of the New York Cavalry that captured Booth and Herold. " Captain. " Who is tljat that has been shot in there in the barn ? " " Why. "Nothing at all but this. I felt Booth that I fired at. and he had none. lor when Cross-examined by Mr. and lie Said he. 1 could see him. that the only guilty man. but he could not see me. The circumstances of the capture having been fully detailed by other witnesses. examined the body of J. and upon Booth's refusing to do so. Stone. There had been considerable conversation with reference to the arms that Booth and Herold had inside of Garrett's barn. K. and I directed Herold to put out his hands." Herold replied. May of this city for the removal of a 'xactly what you have got. Wilkes Booth after his death. and started for Belle Boyd.PURSUIT AND CAPTURE OF BOOTH AND HEROLD. I did I did not. and I dragged Herold into the barn with me. and such remarks. We requested Booth and Herold to come Booth at first denied that Dut of the barn. " Let me go away. that he would not be taken alive. that I twice offered to my commanding officer. 1 wish to state here. sir. Stone. our positions were reversed." . with a wagon. saying that I was not afraid to go in and take him . I will not leave. I rather tliouglit he desired to stay with liim but I can not say whether it was before or after that that Booth declared before his Maker that the . Said he. it was less dangerous to go in and fight him stand before a crack exposed to his fire. Capt. I will not go away." directing a man fact that the wound waa torn open on the stagtf U> open the door. I took hold of his wrists and pulled him out of the barn." Said he to me. He said that after they met they went to Mathias Point. but I was not sent in." told me his "It is Bootli. I knew also. Conger comes here. 95 Booth's leg was broken. Dr. May 22.

except. I am and employed Herold as a clerk eleven months. Herold. N. He was at my house on the 18th of February I have lived I reside in that part called the Navy Yard. last February. near tli» I reside in lived next door to Mr. I believe. Washington City.I consider his character very boyish. Charles W. E. and never associates with positive in my recollection of it men. intimately druggist. easily suaded and usually the case with young men of his age I considered him boyish in every respect I should suppose him to be about twenty-two years of age. Herold. last. DEFENSE OF DAVID Captain Eli D. David E. Herold. Herold. he is very fond of ton on the 20th and 2l8t of February. Stone. By Mr. — May Mrs. I reside in Washington.him every day. from his ceipt of that date to show it in •birth By Mr. their company. . David E. 30. By Mr. dated the 20th. By Mr. since October. During this time. Herold for Navy Yard. on Eighth Street. and know the prisoner. light and trifling. since he was a boy have known him Emma Herold. — May . like other young men all his conversation was —about his With Mrs. —May 30. I have known the prisoner. 1863. He was is . S. one of the pris. E. more like a boy than a man. argument on any subject in the world. 1 have always looked upon him as a light and trifling boy. it was the Sunday I remember taking a after Valentine's day. Davls. Stone. a that He was in temperate in his habits. led. Mary Jenkins. HEROLD. Stone. family I have been intimate for eighteen or nineteen years. more than David E. twenty-three years. Herold. for he came to my house for his money. I was formerly in the Quarterthirteen years. Stone. and he is the only boy. —May 27. Washington since 1827. I remember it from my having sent him a valentine. there are seven children living. I told him I would send it to him the next day. —May 30. I Stone. and we both got wet from the water being spilled. I believe. David master's Department on General Wool't I By Mr.96 THE CONSPIRACY TRIAL. Herold. well. but I know he was there on the lUth. etc. and I knew of nothing obHe was light jectionable in his character. dogs. During . and per- regular his hours. which he received on the 15th. that very little reliability was to be placed in him and I consider him more easily influenced by those around Jiim than tlie generality of young men of his I liave never heard him enter into any age. perhaps. and 1 have hi receipt for the money. — May Dk 30. As I was nol prepared. I wife being sick. I know the prisoner. and my brother met me in the passage and wanted it. I know the accused. David E. four or five. have . and my sisters talked with him about it I also knew that he was at home on the 19th of February. gunning. William H. but I would not give it to him. I — 30. Herold. I see oners. but I never saw any thing to find fault with in his moral character. 30. and I saw the prisoner a good deal then I may have seen I know David E. Edmonds. I know was home on the 15th of February last. Stone. can not say whether he was in Washington on the 20th of last February. and received my rent I have his rehave known the prisoner. ^e is fond of eport.'! saw him at his home in Washing. Elizabeth Potts. whioh I did. and trifling in a great many things. Walsh. my Francis S. pitcher of water up stairs. May By Mr. By Mr. was home. —May 31. Stone. He was also at home between those day& am sister of my brother James Noees. east. he then tried to take it from me. Keilotz. he lived in my house. . I am him often with boys. U.

and Spangler was at the same place. that night when the President was shot He not at first know what had happened. He he was scared. I have known the prisoner. From what I know of him. on shut up. from early boyhood. —May 31. I came back on the stage Prison. I made for him. and he said. and me there were some of the actors near who directly I saw a man that had no hat on run. of the time next door. I consider him a very part. For — May 19. I heard the people halloo. prescripfeeling con- would tamper with it if he thought he could play a joke on anybody. Ewino. and slept at the theater. There is very little of the man about him. — . A tall. \ 7 . I should say he is very easily persuaded and led I should think that nature had not endowed him with as much intellect as the generality of people possess. I could not that I know of. so much so up a it. stout man went out after detectives came and asked if Spangler had me. ing in the center of the stage." I asked him what he meant by slapping mc I know the prisoner. I do not know whether she heard what and as I came up to him he tore the door he said he did not say it so very loud. City. I told it to At Carroll horse and was running down the alley. I consider him about eleven years of fident he age. and not till then did I know what had on the stage and pull them off. I do not know what it contained. " and then I of the stage. the prisoner at the bar. He had The man of whom I speak is Edward no room in the house. In mind. " For God's sake. I reside Stone. then ran out and slammed the door shut. . By Mr. He boarded where I did. in the mouth. the Prosecution. Herold. I was standing on the stage behind the scenes There was a crowd in there by that time. He had Cross-examined hy Mr. Herold. any thing there. and I ran to was standing perhaps three or four feet from Btop him. " Do n't say which way he went. tell a number of persons what I did not get it open. but he looked as if I with the knife. me. at the same place where I had left him. at Mrs. and always has been. and he struck at me spoke in his usual tone. the corner of Seventh and G Streets. where I had left Edward Spangler. one they called ning toward the back door. and the man had just got on his tell either of the Messrs. and I jumped back then. " and that was the last he said. Recalled for the Prosecution. and a kind of crying. having lived a great part staff. the eastern in Washington acquainted with the prisoner. the door. but I see him frequently. I am comWhen I heard the pistol fired I was standmonly called Jake about the theater. then went to get the door open quick. H. he took his meals Spangler. and he hit I told him that Spangler said 1 should not Jacob Ritterspaugh. "Burn the theater!" I did not. when some one actors and strangers. can scarcely say when I did not know him. At present I live four or five squares off. then I came in. Edward Spangler. Spangler was things out of the cellar when needed.had taken part in the play. . I have known him very well for the last six years. When I came back. Scott's. and was there on stood there when the pistol was fired. I gave it to them. nothing but that valise. May 30. and I "Hang him and shoot him!" thought it was a kind of fast. the boss. Ford. My business was to shift wings shot. When Spangler slapped called out that the President was shot. and nobody but Gifford. the same week that I was released. he is trifling. I do not know that I can describe his character in better terms than to say that he is a boy. He used to see any one else go out before the man with keep his valise at the house. and ran through the last entrance. the right as you come in from heard some one say that the President was the front. listening to the play. Jenny I do not know what part she took He had a knife in his hand. I should think his age is about twenty-two or twenty-three. In a moment afterward I opened Spangler said when lie slapped me. Some occupied the upper box on the left-hand side one called out " Stop that man. He open. 97 Dr. unreliable boy that I would never let him put tion of mine if I could prevent am light. — . I did not there.— TESTIMONY CONCERNING EDWARD SPANGLER. no clothes chere. both on the night of the 14th. and he said. I am certain we both I did to the 14th of April last. me on the face with the back of his hand. and fetch occurred. TESTIMONY CONCERNING EDWARD SPANGLER. and when the the knife. just about ready to shove off the scenes I I was a carpenter in Ford's Theater down stood nearest the door. I trivial. McKim. Samuel A. but I coneider him far more of a boy than a man.

" and then ran door open. . I was not present when Spangler was arrested. " Mary Jane Anderson 75 " William Eaton. and a dirty shirt-collar. I should think. After the arrest of the prisoner. May 19. It was not that the coil of rope I see here now is the till the people were all out. in which we found a piece of rope measure ing eighty-one feet. For the Prosecution. boardWe got the rope from a ers I presume. I did not see his face right. we went home to supper together. " Joe Simms 80 . though I might have said something at the table. — was released. I was the first person that got to the door after the afternoon of the day on' which I opened the door. I am satisfied — I arrested the prisoner. bed-room on the second floor that faced toward the south the bag was right near where Jake had his trunk. I did not take particular notice of him but he was a tolerably tall man. where he took his meals. and some say it was not. I saw the big man outside. call out. at 6 " 75 Mary Ann Turner o'clock. some blank paper. was a man called Jake. "Which way?" "This way. There were two other persons there. Spangler and I boarded See testimony of together. I cried out. 1 saw Booth open the back door of the theater and shut it. 1 have no recollection of telling any one else. apparently a German. I do not know hie name orders were to arrest him. and I told him then. Burroughs alias "Peanuts. I did not say any thing to him before he said that to me. side. Jos. and found him kind of scared. Ewing. and returned at 7. but I did not know who he was then. He said he worked at the theater with Spangler. and have not seen him since. but we found a key that unlocked iL It contained nothing but the rope. or it might have been somebody left. I went to his house between 9 and 10 o'clock on the night of Monday. I think. out of which the twist was very carefully taken. Recalled /or the Prosecution. that I heard some say it was Booth. He came up to the house where I board in . Rosch. with another man. H Cross-examined by It Mr. Maddox 75 " Joseph B. but did not shut man that ran out after me might have been five or six yards from me when I heard him. Buckingham " 81 " 73 J . and that it was all he had at the house. John Miles John E. but the man at the house handed us a carpet-bag. and the rest might have heard.. I did not hear any one call Booth's name. one hundred and forty pounds. to the house on the north-east corner of Seventh and Streets. that told me it was Spangler's bag. I told a de.ing-house. he was one of Colonel Baker's men had black whiskers and moustache. out. Stewart 79 May 19. . he The big else. might have been two or three minutes after I went out till I came back to where Spangler was standing. a house on the South-east corner. I it. 1 went. 98 THE CONSPIRACY TRIAL. It was Spangler's place. James L. of Seventh and I believe it was his boardin U . It . and weighed about Charles H. and I came outsame that I took from Spangler's carpet-bag. in company with two of the Provost Marshal's detectives. It was the next week after the tective that Spangler hit me in the month assassination. Ed%vard Spangler. Edward Spangler. I did not search him my with hie open hand. we were told that he kept it at the theater. to shove the scenes on he was where he ought to be to do the work he had to do. and as if he had been crying. April 17. was locked. say which way the man went. When we inquired for his trunk." page 74 on the evening of the assassination. leaving the By that time the man had got on his horse and gone off down the alley. The bao.

I should. I dent's in my mind for several Presidential party that night. Another flag I got from the Treasury Department. For the Defenfse. and I have been in the habit of seeing John Wilkes Booth very frequently. On the 14th of April last I was treasurer of Ford's Theater. This was about 12 o'clock. and it was not usual for him to come into the office and take a seat. Ewing. fihow that Ford's Theater was selected by This chair had been in the reception-room. which belonged to the from Grover's. John Wilkes Booth was at the theater about half an hour afterward. The furniture placed in tlie box consisted from the construction of Ford's Theater. am manager H. Mr. when my brother. and his entering in the way he did.from the Treasury regiment ant. Raybold then went into the theater and brought him out a letter that was there for him. Ewing. Lincoln. — May 31. which I got Mr. but that the next night would be my great nigiit of the illumination. I sent my invitation to Mrs. Raybold to help me put up. He did upon this occasion. that being the celebration of the fall of Sumter. and why Ford's Theater is spoken of but the ushers sitting in it had greased it by him as the one where he intended to with their hair. and entered into conversation invitation. usually used small flags to decorate the box. do not know that the fact of the Presigoing to the theater that night was communicated to Booth. and the nature of the leap that an assas. theaters to the scenes keep the and the two American flags above. struck me as rather peculiar. " Do you intend to" or " Are you going to invite the President?" My reply. —May 31. but I think it is very likely he found it out while there. This had never been used before. of Grover's Theater.] with. notes were usually addressed to her. He staid there per haps half an hour. By Mr. Hess. I said yes. I had brought from my bed-room. and when 1 came out again he was gone. interrupting me and the prompter of the theater in reading a manuscript. Mr. and I had it removed to my capture or assassinate the President. and to room. By Mr. it being a very nice chair. It was the Treasury regimental flag. but he had the neuralgia in his face. Clay Ford. told me that the President had enjiaged a box for that night. escape from Ford's Theater than it would he and a rocking-chair. I saw him going down the street while I was standing in the door of the theater. as he came up he commenced talking to the parties standing around. a few chairs out of the reception-room. Ewing. The only relieve the employees of Ford's Theater. when objection was made to the testimony as irrele.'' I had it days to invite the My with him. reason for putting that chair in the box was Spangler among them. and entered into a conversation on the general illumination of the city that night. He then asked. from the imputation that it belonged to the set. I wish merely to show that.with the President. Booth's manner. He sat down on the steps and commenced reading it. The Commission sustained the objection. unless he was invited. I returned to the theater from my breakfast about half-past 11 o'clock that day. [The counsel was eliciting from the witness the position cf the box usually occupied by the President on visiting but as General Grant was expected to come Grover's Theater. I think. For the Defense. that theater as the one in which to commit the crime. On the day before the assassination he came into the office during the afternoon. He must have observed that we were busy. He seated himself in a chair. was. I told Mr. it of one chair brought from the stage and a would be easier for the assassin to effect hi? sofa. 99 DEFENSE OF EDWARD SPANGLER. I went into the office. we borrowed this flag sin would have to make in endeavoring to escape from the to decorate box.DEFENSE OF EDWARD SPANGLER. C. and made such a point of it that we were both considerably surprised. as the best means of accomplishing the object. to a certain extent. except the picture of Washington much depends upon the space there is for placed on the pillar in the middle of the box. We storing scenes and furniture. James R. D. It is I put this blue regimental flag in the center. He pushed»the matter so far that I got up and put the manupcript away. Raybold about fixing up and decorating the box for the President that night. and I fixed up the box in his place. " Yes that reminds me I must send that I . I found two flags in the box already there. customary in passage-way between green-room and the dressing-rooms clear. the 14th. There and the was nothing unusual in the decorations of Mr. but the box. and I sent for it which naturally arises from Booth's selecting to make the box as neat as possible . Ford. The purpose is plainly to same set. Booth. He asked me if I intended to illuminate.

and handed me the hammer up of the President's visit to the theater that evening. Ewino. Herold. I waa heard of it afterward. unless it was made known by some one from the Executive Mansion. He engaged uo other box. Surratt exhibited to the witI never saw that person that know of By Mb. being the one nearest the audience. I ber. I have not been in the box since. Ferguson before the day of the assassinmoved it. were there at the time. During the play that evening.without my knowledge. excepting tlie boxes divided by a partition.talking to him. re. I understand. but it was the box Spangler was working on the stage. Jake. or to any one. I remem- — as he assisted in taking out the partition. of either the removal of the partition. There may have been cept the President's. Three or four times during the season Booth had engaged box No. They were not. Evans. not remember. The screws of the keepers of the lock to the President's box. from the White House. I have never. ing. Had the small hole been bored in been loosened. but I do I did not see Spangler there. was al. There were not. For the Defense. and also that General for him. it waa no suggestions from any one as from Mr. I should not be and I do not remember any box being taken likely to notice it had it been there at that on that night. every now and It was while stage.100 T received THE CONSPIRACY TRIAL. and if it was done at all. sold tickets. for those Street that the President was to be at the boxes. hut have never seen it. I know nothing of the mortise in the wall By Mr. dent was coming to the theater that evening. about six times during the tion of some victory. May 30. it that the boxes were applied for. all covered with writing. of the assassination. from the stage.to the theater on Friday morning. All that Spangler had to do with the box was to take the {)artition ont. and left it there in the box. The By the Court. the " American Cousin. liayhoM and the gcntlenuin wiio brouglit tlie flag from tlie Trea?nrv Department. There were several around Bootii. but not in the morning papers. who R — i .] John H. to my knowledge. The President had been to the ation about decorating the theater in celebratheater. and that the applicants were refused and is not told that the boxes were already taken. any applications for any box exjAifKS Ford. or had the screws likely I should have noticed them. for that even. wall. I At the time of the assassination. to my knowledge. I was *0 fasten the door. I suppose. a hammer and nails. the passage was dark. four or eight pages of letter-paper whether Kaybold sent for him. of course. Forrest's engagements. Mr. It was published in the Evening Star. and left so that the lock would not hold the door on its being slightly pressed. Ewino. Grant was to be there. 7. He sat on the I think he had a pair of flats down on the steps while reading his letter. Mr. Grillet. seen prisoner. three or four times during By Mr. the Oross-examined by Assistant Judge Advocate not noticed by me. 1 do not remember any conversation witii Spangler and the other carpenter. and twice during Mr. that is part of the President's box. Spangler. to my knowledge. While we were in one or two sheets I do not know. It was not'done in my presence. were burst some time ago. behind the door of the President's box. nor did I see the bar said to have been used business manager of Ford's Theater. ways removed to make the box into one. nor did any one else There were four of us in the office theater that evening. Surratt I [Photograph of John H. came and engaged Bingham. Mr. Clark's engagement. Aiken. President's visit to The the theater that evening could not have been known until 12 o'clock. though I have since heard there past 10 o'clock. wliich.Mr. I may have been out on the pavement in front two or three times." I was in the ticket-office of the theater. I believe Mr. as it was that day. knew that the Presi. and None of the other boxes were occupied on when the door was thrown back against the the night of the President's assassination.the door. applicants did not apply to me. to my knowledge. was a long letter. Tliere are two to the decoration of the box. a messenger dent's box. drawn that day. applications without my knowledge. and read on the steps I did not direct Spangler with respect to of the theater. he threw up two or Booth was there that 1 suppose he learned three nails. These are the The letter that Booth received on the day only times 1 remember. winter and spring. at halfA young man. and Mr. when President attended the theater. was one. Booth did I might have stated in the saloon on Tenth not apply to me. fixing them in some way. an actor. nor did 1 see the hole first apprised of the President's intended visit bored through the first door of the Presi. I am not acquainted with ness. The mortise in the passage-way was never saw Spangler wear a moustache. Gittbrd was there. In decorating the box I used my penknife to cut the strings to tie up the flags. I certainly did not know time. I called for then looking up and laughing.

no matter what Booth said to him about it. The Commission sustained the objection.his objection. and which he must have then regarded as relevant. who was (and. which has been introduced against the accused. as well as an explanation of the alleged conversation with Mudd in January. of his By Mr. in which they notice appeared in the Star about 2 o'clock. and we thought we would not object to that. and I had no knowledge of his intention to visit the theater until the reception of that message. he was coming the direction of the theater. which was introduced as a circum. with a view to excul.made by Booth into Charles County last pate him from any censure before the public. lips. diflf'erence is this: . I Eleventh Street. or 101 at all.to go there. I adQ. I The point I make is. This witness can not be evidence for any human being on that subject.The Commission sustained the objection. Mr.DEFENSE OF EDWARD SPANGLER. if so. also spoke to my younger I gotiation going on between himself and Booth.was ? Assistant Judge Advocate Bingham renewed versation related to the purchase of his lands in Maryland. he said he would after not concern anybody.' to any evidence introduce a conversation between Booth and this witness at another time and place. was I wrote the notice for the Star in the nbona Jide statement. Assistant Judge Advocate Bingham. as explanatory of the presence of Booth in Charles County. The be there. that it is not legitimate had not seen Booth previous to writing the . in the middle of January. on the corner of Tenth evidence. I will state to the Court further that it has already received testimony.tisements. I saw him as 1 was coming from the Treasury Building. which are shown to have been actual speculations of the year before. fall 1 A. it is not colorable evidence. have made last fall to Charles County is represented to have stated that the con. It is an attempt to prove a talk. and. Mudd and Booth. I have never known Booth Booth at the National Hotel. Mudd. Philthe declaration of Mudd. — Mr. if the Court please. brother about the propriety of writing it. tlirough the course of the winter. and nounced the President's intended visit to the of his contemplating the investment of money theater. . but this is another thing altogether. Q. irrespective of time or^place. I object to the question. or any thing else. the box. This testimony is clearly to that point of explanation of Booth's visit in Lower Maryland. The President had been previously invited to the theater that night. It would be impossible to ask the witness any questions that would be more irrelevant or incompetent than the question that is now asked him. Do you know any thing of the visit mit it might be asked. and By Mr. Ewing. effect of the testimony is to show that the By Assistant Judge Advocate Burnett statement. The the defense attempted to prove negotiations in Charles County. two hours after I received this information. an actor in our establishment. ness that Booth spoke to him frequently. and sent it to the office farm to Booth. if it was made. where? Assistant Judge Advocate Bingham. 1 saw John Wilkes Booth about half-past 12. EwiNO It is very important as to one of the prisoners. EwiNG. I object to it on the ground that it is entirely incompetent. Assistant Judge Advocate Bingham. of his former speculations in The notice in the Evening Star that anoil lands. The Witness. The only way. Dr. Mudd. you have had any conversation with Booth as to the purchase of lands. can do any thing in regard to this matter of Before writing the notice I asked Mr. of course it docs on the stage. immediately I at the same time carried one Assistant Judge Advocate Bingham. I wish to show by this wit. to do it. State whether. It is no evidence at all. of his avowed object in going there testimony to which the Judge Advocate made no objection. Dr. if it was made. EwiNG. The myself to the National Republican. upon any occasion. If this witness had been involved in it. stance showing his connection with the conQ. He told me Mr.) is simply to show by he had finished writing the regular adverlegitimate evidence that there was such a ne. or talk about the sale of his 11 or 12 o'clock. but it is unimportant as to this man. EwiNG. and related to an actual ticket-office of the theater about half-past pending offer. Weichman's testimony there was evidence introduced by the prosecution of an to the witness giving the declarations of alleged interview between Dr. Mr. I know. was going up E Street. Testimony has already been admitted on that point. Assistant Judge Advocate Bingham. The Court will recollect that Assistant Judge Advocate Bingham objected in Mr. and E toward f'ronj Streets. Aiken. has nothing in the world to do with the case. Have you ever heard Booth say what spiracy. speculations. if it was not made. The accused. which Booth is supposed to have the purpose of any visit which he may then had on foot. there is no question about this man in the case. and the Court have nothing in the world to do with it. also said that General Grant would in cheap lands in Lower Maryland.

tain rises until it falls. My positive orders are to keep it always Q. or twelve minutes The prompt side. The other side of the stage was not used it is true. rapid By Aiken. ten. The of Ford's Theater in the city of Washing. of the entrances by the actors and actresses On Friday.was a very exacting man in all those details. clear and in a proper condition belongs to Spangler was employed as a stage hand. In the second act I I had sent tlie notice to the Star office hardly think there is an inteival of more before seeing Booth. I went there. the side on which the long. every one had to use that passage. These keeping the front door clear.stage-carpenter. has executes the work belonging to the entire been in my employ three or four years at 'stage. gaged in act depends very much upon and the spirit of the actors enit. and to remain on the do not know exactly wlien. and he is absolutely important the dressing-rooms and the green-room of the there every moment from the time the cur. in order that the play the scenery should be well attended to in all should be properly performed. only of a few moments' what we call flats. longer perhaps than any other scene in stage. By destruction of that city by fire.used by all the parties coming from stage during the whole of a play.102 notice. It is lutely necessary tliat there should be no very important to the effect of a play that obstruction there. to any I The second the action one else than at others. and over two years continuously." the might imperil the success of a play. Coming from its changes. It is the paeBuch as to require his presence upon the sage-way. tlie actor. Surratt. the fourth week in January. ' remember speaking Mil. I be ready at his scene. ' . Forrest at his last engagement.were on the side where this passage is. left tliis city In intervals the scenes. The stage-manager uncle.stage-manager directs. law. lie be for the to with Mr. or going to report I had heard of the assassination on the cellar-way and underneath. incidental to plays to be produced. and it was absocause dissatisfaction to the audience. and opposite to tion of the scene. — j j I j . B. Wright was the stage-manager. Then at times it would be partly inthe 6 o'clock boat.theater. that act. but he can not judge how long or more than a third as much. and then 1 heard that unle. The prisoner. He returned shouldthe preparing between next change. and ladies were in full dress. Sometimes it is much more Jolin McCullough. 1 reside in Baltimore. and am proprietor James J. . Most how brief a scene may be. 1 did not hear of the assassination and 1 have always found the passage clear. side. . than five or eight minutes between the times that Spangler would have to move the scenes. and during the day the play might be ruined by any obetruction to assist in doing the rough carpenter work or hinderance there. which is on the 0. the day of the assassination. do about I it. Where a play was perA. to the other side by way of the cellar. The second scene is rather a long flats are the large scenes that cross the one. but not enough so to prevent the the Richmond Whig. a very aged man. in Edwin Booth was cliarged with it." Spangler's presence on the stage play no obstruction whatever could be exwould be necessary. Hearing of the partial essential to be made on the O. I mean to the presanxious to ascertain the condition of an ence of the audience. duties. For the Defense. [Exhibiting the photograph of John II. side. it was all third act is quick. The duty of keeping the passage-way intervals. Spangler's presence would be neces. He was a laborer to the duty of each and every one to keep the assist in shoving the scenery in its place.which he rc<}uired the whole spread of the day morning I started for Washington by stage. On Mon. It is penter of the theater. Gifiord the stage-carpenter. wliich confirmed the people going around the stage.]' His constant presence upon the stage would I do not know Surratt I never remember be absolutely necessary if he attended to his seeing him. Spangler worked. is the position of the where sary unless positively informed of the dura. except one scene. During the performance of the "American The "American Cousin was a very plain Cousin. There are intervals. State wiiether or not his duties were clear and in the best order. the dressing-rooms. and is as indispensable as as the necessity of the play required. J. May 31. and passing Sunday night. emergencies JoHy T. but many are was in Richmond. While on the boat I saw cumbered. the stage-carpenter ton. probalily eight. until Sunday night. nor THE CONSPIRACY TRIAL. I are made on the prompt side. entrances to the stage.<«8 there was some spectacular play. and my mother-in. jGiflbrd's subordinates. The first scene of the cused on account of that play. the stage hands who frequently misrepresented as the stage-car. oflen arise during an act that require extra services of a stage hand. P. Strictly so his absence for a moment formed like the "American Cousin. Ford. passage-way clear. The action of were his duties at night. him his post of duty besides. P. probably.prompter is located. Edward Spangler. The duration. but about the side where the stage-carpenter had assigned 1st of April.

It does not follow now.is approached in that way.«piracy for were deemed so by the critics. Assistant Judge Advocate Bingham. in some inquiry. Do you think that the leap from the his childhood. living or dead. I have understood he was a viously manipulated. I saw him on one occasion make one of Ford to employ Chester. in what connection and where. have said touching that man to third perand only since the assassination have I heard sons. what he may was not in the employ of Booth.] not Booth ever applied to you to employ that leap waa one that he would not need to Chester. but it is Mr. 103 Keeping the case of the prisoner. and it goes to affect day styling him " the gymnastic actor. I have never known Spangler to wear such proceedings as that. Wilkes Booth I have noticed crime. who has been a witness for the pros. the purpose. A. and. that Booth is therefore armed with the and controlled the lower class of people. and I am aware that he usually inAssistant Judge Advocate Bingham. to come into a court such as Spangler belonged to. passage-way clear would not be a duty of fession. He excelled in all manly body in the absence of a witness that may sports. was actually at demned by the press at the time.] that it is utterly incompetent.rehearse ? ecution. the first time a play is performed. but rather to corroborate him. Booth chose to approach tkis man Chester. used by amateurs in that sport. we used to plague him mate. I think it is legitigreat crab-fisher. or less. some of the most extrashow that Booth. to Siiakspearian plays. considered Baltimore case of the prisoner. Spangler."' regard to Chester. Q. and were conthe capture of the President. He introduced.o attack Chester. I have known John Wilkes Booth since Q. Booth had a reputation for being may it please the Court. relative to a transaction of his. — — — . in his home. The law is too jealous of the reputathat he was in the habit of waiting upon tion and character of men to permit any him. I should not think so. in his carpet-bag. The position in the world. I should not think a rehearsal of it waa Assistant Judge Advocate Bingham. Arnold. solute incompetency. in order that he these extraordinary leaps. as orally detailed here. and also to assist the with it. that Q. if him make a similar leap without any hesi80. simple question of relevancy here. four hundred or five hun. It is the misfortune of a man that Spangler seemed to have a great admira. though I have seen ropes as been. than ordinary men would. [Exhibiting a coil of rope found at Spangler's boarding. more. which I understand is eighty the world. than house. That needed. power. State whether . I know. by showing that He buried his wife there about a Booth was not able to get. while in my employ. before the criminality was known to short as this.of justice ^nd prove on his own motion. the same time endeavoring to induce Mr. and it is not colorably his crime that in my business on the stage with the either. I have seen Booth speak of Samuel K. and whose feet. tation. It is not J. because stage-manager.ing can be clearer. We never rehearse leaps in the theabe called.ordinary and outrageous leaps at least they ter to induce him to go into a con. if the Court please. Chester. I sup. Spangler on the motion of anybody else. even when they are necessary to the affect him in any way at all. He was a very bold. Booth was a peculiarly fascinating man." the case of several prisoners at the bar the It was in the play of "Macbeth. or pose. to ter.DEFENSE OP EDWARD SPANGLER. I troduced such a leap into the play of "Macobject to any proof about what he said in beth. chiefly in them brought there men that he had precrab-fishing. or did not get.right man in the world with whom he haa dred feet long. The Commission sustained the objection. unless he was specially charged plan was to capture the President. on terms of intimacy." the en- years. all a difl[icult one for Booth ? you have ever heard A. and was endeavoring to get during the vacation of the theater.that character. [By Mr. It is certainly not competent to he always had the reputation of being of I object to. and the Baltimore might get him here to the theater and use Sun condemned it in an editorial the next him as an instrument. a moustache. and Chester corroborates that. in your theater. Q. party who conspires Professional crab-fishers use much longer to do a crime may approach the most upropes than this. Do you think. Ewing. year ago. Ewing. I object to it action of the play they may be gone over as wholly incompetent. It is not a That rope might be used as a crab-line. from your knowState whether or ledge of the phj^sical powers of Booth. then. it is not his tion for J. and to it are be on terms of intimacy with reputable genattached smaller ropes or lines. introduce declarations of Booth made to any. stated that the Spanglei-'s. tlemen. Nothabout it. Spangler. was such that he might rope is supported by a buoy. and intimately for six or seven President's box upon the stage would be at — A . who in his conopposite the prompter's place. fearless man. not usual. He the theater any instruments to assist him in usually spent his summer months there. it is abthough it is rather short for that purpose. that I know. that I make this a great gymnast. while manipulating Ches.

We keep the boxes locked. saw that 1 shut. None of the private boxes. but a fair at. He was considered a very efficient drudge. vicious. I have only heard so. but more to unfit him work. and was a man that rarely slept in a bed. the Defense. wliile I was My reason for constructing so many boxes to this theater was. Do you know as a fact that none of the boxes were occupied that night.. and that was through drink. when the Mr. but it opened very easily lie made a plunge right at the distinctly. —May 31. He had no self-respect. Q. and the keys in the box-office here. I can not state positively that the private boxes are locked when not in actual u. but it is a fasiiionable place here to which to take company. he jumped from a high rock down on the stage. and was often the subject of sport and fun. save tl»e one occupied by the President. that usually private boxes were in demand in Washington more so than in almost any other city. have known Edward Spangler for nearly He has been in my employ most He was always regarded as a Hie very good-natured. always appears with Mr. Ewing. the night. McCullough ''Apostate " was played. 3. I Clampitt.se. Cross-examined by Asslstant Judge Advocate Bingham. so popular and attractive as that was. It is not a favorable place to see a performance. as I thought then. I remember occasions when we sold no boxes at all. he usually slept in the theater. By Mr. and knocked me down to the first entrance The door was then 1 got a side view of him. was used 7 A. there. 1 would nearly always meet Booth there when he was in the city. Mr. presented when none of your private boxes. Q. —June. is the responsible party whom I should blame for any thing wrong about the boxes. and being there between the hours of 10 and 3. of that time. who had control of the whole theater. Is it not a very unusual thing. kind.— 104 — I TUE CONSPIRACY TRIAL. Washington is a very good place for selHng boxes usually. Booth was in the habit of frequenting Fords Theater at Washington. Q. By Mr. and that was the cause of his frequent visits there. and he has since appeared in New York. when originally produced. and he made the leap with apparent ease. Can you recall any occasion on which a play. knob of the door. ' . willing man. for your private boxes to be entirely empty? A. out I did not see Booth during the dav. were applied for on the evening of the assassination. and nearly always two or three boxes are sold. Ford and Henry Clay Ford were the parties authorized to sell tickets for those boxes that day. devoting the other three to my business in Baltimore. harmless man by the company around the theater. Joseph For I S. trance to the witch scene. but those occasions were \ViLLiAM Withers. I understand. not so as I four years. never met J. the custom James J8 for the ushers to keep the keys. I do not think he was intrusted with the confidence of others to any extent He had not many associates. 1 seldom visited the theater but what 1 found liim about or near it. He was always willing to do anything. he made a cut at me. never heard from him an expression of partisan or political feeling. After he made the spring from the box. O'Brien was the usher of the dress-circle. . Jenkins except in Carroll Prison. during the day. was seller of tickets business commenced the evening. The last appearance of John McCuUough at my theater in Washington was on the 18th of March. except that occupied by the President? A. Forrest. Recalled for the Defense. and had quite a full house a good audience. . Is the play of the "American Cousin a popular one? Does it attract considerable audiences ? A. and ran across the stage. In Baltimore he was known to be a member to to make him of the American Order. Q. They are generally in demand. about half-past 6 in know of traction. rare. Ewixg. only fault was in occasionally drinking more liquor than he should have done. as higli or perhaps higher tlian the box. when such plays are produced. The door leading into the alley from tlie passage was shut when Booth rushed out. usually came down to the theater three days a week. I never knew any thing of his political sentiments in this city. He had his letters directed to the theater. Z. Since he has been in my employ I never knew him to be in but one quarrel. . except that occupied by the party of the President. 1 tliink nearly as high as from the top of the scene. and was a very good. 1 believe. Gifthat is our custom in Baltimore. It was. and out he went. Jr. I By Mr. and pulled He swung it as he went the door aller him. Sessford. nor had any been sold during the day that 1 My at Ford's Theater. The last time I saw Booth was some two or three weeks before the assassination. Recalled for the Defense. —June 9. an exceedingly attractive play of late years it has not been a strong card. and James R. ford.

There was then a cry for water. James. stout gentleliis hands and stamped his feet. the side the President's box was on. with gray clothes on. and it was his business to be there behind day. Spangler was standing right opposite I saw Booth when he made his exit. and Mr. fired. 1 have not time. About a half dozen of us went to get some water to carry it to the private bo. Ewing. Mr. but he was off the stage him. crowd of people who had collected there. and in about a minute or a minute and a half Booth came in. I was standing on the lefthand side of the first entrance. When to his post I heard no conversation between Spangler and Booth. Spangler called to me. theater at 12 o'clock that see Booth there. He was on the same side I was on the same side as the President's box. Giftbrd is out in the front of the theater. and of the two. I went over to where Mr. Booth did not seem come in. though I did not see him. and looked like a new one. Ewing. with a I was standing ready to draw off the flat. to run very fast across the stage. About the time that he got upon the other side. saw minutes after the shot was fired I again Spangler standing on the stage. "Tell Spangler to come to the door and hold my horse. I can not say how long 1 staid in my position after the shot was fired. I saw him about two minutes before the shot was By Mr. I did not the scenes. Debonat. I By Mr. two or three seconds after he made his exit before I saw the President's entry. He seen Spangler at his post I saw no one paused about a second. right-hand side. at all after that happened. but I did not see five or forty feet. I saw Spangler shove the scene back to give the whole stage to the people who came on. he seemed 1 did not see Jacob Ritterspaugh near to be stooping a little when he ran off. the dairy scene was on. I think. — June 13. May By Mr. When Booth wanted Spangler to hold his horse. left. I was playing what is called "responsible utility" at Ford's Theater at the time of On the evening of the assassination. on the same side as was standing in the first entrance on the the President's box. minute. It was. and I went over to tell him. and he came the same way. Jtecalled for J. left-hand side. and was standing at the door on the outside. the Prosecution. and all the responsibility of the scene lies upon me.— DEFENSE OF EDWARD SPANGLER. the door was about half open when Spangler went out. it might two or three seconds before this gentleman was on. Booth he could get across the stage. and with him. and was there about a the assassination." He then went to the door and went outside. 1 had frequently during the play edged knife. — May 31. and he would have to go under the stage and come up on the other side. at his post. Booth came if me the shot was fired on the night of the assassination. I saw that he had a long knife nor the side of the stage on wliich Bootli in his hand. I should think. From his position he could not see the box. He clapped first person I noticed was a tall. or about time to allow of his getting to the back door. . the Spangler then side of the President's box.x. I did not see Spangler running the fastest. asked in. When he came to the center of the stage. By Assistant Judge Advocate Bingham. " Mr. It seemed to me to be a doublejumped. and said. about ten feet from me. Spangler was. If any person had followed SpanI was half-way gler I should have seen him. I saw him go out to Booth. When the people applauded on on the stage. was at the Jacob Ritterspaugh was employed there. I do not know who Spangler then came to the assisted him. and I as pleased as anybody to see the President believe a moustache. Spangler that evening." I went on the other side and called John. Booth met Spangler at the door. perhaps. I to me on the stage. he applauded with any person on the stage in pursuit. L. The passage-way was clear at then went off at the first entrance to the the time. Stewart left the stage. I think he had time to get it was more Spangler's business than mine. For the Defense. I started to the green-room. Spangler and Sleichman were standing close to each other on the opposite side of the stage. between the back door and the greeu-room. "Tell Peanut John to come here and hold this horse. with both hands and feet. out of the back door before any person was I saw Spangler when the President entered the theater. on the left-hand side. 105 I saw Spangler three or four times that evening on the stage in his proper position. When the sliot was fired. The them. — 31. Booth came up to the alley door and said to me." I did not see his horse. when Spangler came in and returned when Mr. and John went there and held the horse. it was our business to keep it clear. About I was at Ford's Theater on the night of five the assassination. Booth wants you to hold his horse. Henry M. front of the stage with the rest of the people. He might have been The distance he ran would be about thirtythere behind the scenes. About a minute and a half or two minutes after Mr. I told him no. and seemed man. I think Booth was have been a minute. Aiken. For the Defense.

— May From 31. Ewing. say this is a new rope. They and are about seventy or eighty having been chafed. I have. James Lamb. I sat in the dress-circle about eighteen or twenty feet distant. and I Mr. there would have been John Wigger. Maddox. though I can not detect any thing that would I played in the piece. in the forenoon.— 106 THE CONSPIRACY TRIAL. was in the theater the whole of Saturday. use there. I have never seen him wear a mousHe is a man that has been a little tache. border-rope. and I suppose it was probably two or three minutes about that long after Booth went off the stage that this man went I saw no one else run out of the entrance. painted to represent some exteriors. Ford's room. There are probably forty or fifty of such ropes are called border-ropes. sometimes sitting down. a knot fastening at the end. P. I was not doing any thing. I was in Ford's Theater I saw J. at the time of the assassination. used for suspending the borders that hang across the stage. Stewart got on it.] He is free in con- when in liquor. and Mr. and had taken my place on the stage when the pistol was tired. Harry Hawk was on the stage at the moment. the stage to the opposite side. for about six I have known Spangler months. when he came in. Stewart was among the first to get on but my impression is that Booth was ofl" the stage before Mr. went under pose. they arc raised or lowered by means of such ropes as This rope has the appearance of these. to believe that I it no reason a I have was not used as I saw the gentleman who first got upon the He was a large stage after Booth got off man. were in and out oecasionalh'. about five minutes before the assassination. dressed in light clothes. not seen Spangler since until this morning. I have seen ropes like this at the theater. stage. J. Cross-examined by the Judge Advocate. the young man who was on the stage at the time Bootli jumped from the box. The borders are long strips of canvas. the stajie-manCarland ager. saw him on the stage. and I saw Spangler there several times during the day. on the north the same Booth could side as the entrance through which passed. feet in length. Ferguson. Ewing. because I thought it was very singular that those who were near the stage did not try to get on it. playing in a scene. Mr. and Mr. — June 2. I should probably have seen him. 1 am Superintendent of the Botanical Gar- den. I did not see him speak I was in front of the theater to any one. Ewing. if it had been. upon the stage. was also there with Spangler. from 10 o'clock until the military guard took posse. dissipated a considerable portion of his time fond of spreeing round. Smith. By Mr. should say the material was manilla. especially Judge Advocath side. in. — — By Assistant Judge Advocate Bingham. in his company. that leads out into Tenth Street. We were waiting for the curtain to drop. Stewart get on it. Jake. with a mousThis gentleman was the first that got tache. Mr. For the Defense. [The rope found in Spangler's bag exhibited to the witness. I I did never spoke a word to him in my life. Cross-examined by Assistant Judge Advocate By Mr. out of the entrance except Hawk. level he with the lower floor of the theater. an examination of the rope. Cross-examined iy Assistant Bl. . or have the appearance of having been tied. I Bingham. and as they are required to be changed for the scene that is on. I went out through that passage to the front of the theater. For over a year I have been employed at Ford's Theater as artist and scene-painter. not hear him say any thing in March or I never was April last about the President.«iaion. a new rope would be a 1 should little stift'er in its texture than this. and went out of the side door. but I should be very I sorry to swear that it was one of them. Wright. but was leaning up against the corner of the scene at the time. there was no companionship particularly. Ewing. versation. Maddox. but has been in use. I supBooth. For the Defense. and returned by the same way. If any one had run out of the entrance following Booth. others interiors. that side passage also leads up to Mr. William R. When Booth passed under the went through the little side passage. I did not notice him after he got on the stage. By Mr.NGHAM. Clifford. jBy Mr. —June 2. the day after the President was assassinated. Recalled for the Defense. the gardener. know John Wilkes Booth by sight. Wilkes Booth pass off the stage. I think it is a rope very similar to the ones used at the theater. loitering and walking about. taking the part of lead me to say it has been in use as a borderrope. . Washington. I went under the stage and crossed with him. I did not see Spangler there. From the place wheie I sat I not distinctly see the mouth of the entrance. myself.

o'clock on the evening of the day on which State. and then I told him that Ned had slapped me in the mouth. "He struck I asked him why. heels ? A. Near to him. I ask you whether you did swear to it or not? A." and on the night of the assassination. the left-hand Q. 8o. we saw a man A. me last night a very hard blow. Ritter- Did Q. come in from the front of the close to his heels ? Jcdge Advocate . I told him about Spangler slapping me and Baying. I say he did. and went Q. or words to that effect. was in the theater with next day after the assassination. in the dress-circle smoking a cigar. That is what Jake said ? side of the theater. Q. Yes. us. Jake said he followed out the party. That is what Spangler said to Jake. on the rightA. Q. when you theater. and he spoke to him. to my work again. Ritterspaugh did not say to me that when Spangler hit him on the face he said. what do you know about it? and I said we ought to tell him to go out. I will swear that was Booth. and had no right to do A. "Hush up. tlie Ritterspaugh said. then right-hand circle. was close at his heels. Jacob Ritterspaugh. I —June A. That was about 6 gler said we are asking you what Jake said. Q. Do you swear now that Spangler followed the man close to his heels ? . Ritterspaugh was grumbling. What more did Jake say? say he came back after following him close to his heel." or something of that kind. and that shut him up. Are you now reporting what Jake said. Recalled for the Defense. lie woke me up and asked where Ned was. He was looking at I told Ned. he said. " Shut up. Yes. He was near to him." I am certain Ritterspaugh did not say that to me. and said. What do you know about it?" That was while Mr. about it. Bingham. " It is well for not something in my hand to return the blow. and exactly what you have sworn about 6 o'clock in the evening. Jake Very well. No. spaugh said he called out. Giffbrd's room. We are not asking you for what Spanthen the man went out. Cross-examined by Assistant 1 never moustache. I know him. and I saw the man before. He did not say that he followed the 2. that you have sworn to already ? the day of the assassination." but Spangler said he had no charge on that Q. be quiet. 'Shut up. sir. Booth. the day following the President's assassination. you know nothing about it. I am asking you what he said. And that he knew who that was ? A. By Mr. Then said he followed the party close to his sir. don't say which way he went. Ewixg." Then he represented Spangler as saying. " hushing him up. it was Booth. I asked Q. and Q. Q. . A. " That was Booth. What do you know about it? Keep him I had quiet. After awhile I saw him or reporting what Spangler said ? sitting in the lower private box. I know him. as near as I can recollect. when he slapped him." what Jake said. Cross-examined by Assistant Judge Advocate Bingham. he said. Did you or did you not swear that he said he followed the party close to his heels? A. "Don't say which way he I When Lamb. you know nothing Mr. " I followed out the party. I saw him first in the dresshim " or words to that effect. as near as can in the lower private box on the be. Q. Spangler who it was." when Ned turned round and struck him in the face with his . It was when he was making his escape that this man Jake said he was rushing up and made this exclamation. I am reporting what Spangler said and hand side of the stage. Can you tell just exactly the words he As I was on the stage with Spangler on did say. but he did not know. Recalled for the Defense. I will. You know whether I swore it or not. saw Ritterspaugh on the stage on Satur- day. and then Ned struck him and said "Hush up. James Lamb. I took no more notice of him. " Do n't say which way he went. Q. He wore a I know him I know said that is Booth. Hold your tongue.DEFENSE OF EDWARD SPANGLER. As he told me. State them. hush up. I told him I did not know. "Shut up. or whoever it was. liand. and he said at the same time. stick to it. Did he Q. what Jake said on that tlie President was assassinated. Yes. when Garland came up to Mr.' " This was said in connection with Ritterspaugh having said it was Booth that ran across the stage. A. 107 —June 2. he received a blow from Spangler. then. " I know him I know who it was. . went. That was occasion. if you please. side of the stage. And he knew who he was? A. was leaving the stage. sir. and Baying that it was well for Ned that he had n't something in his hand at the time He replied. Q. you not swear just now that he said he followed the party close to his heels ? A. and all he said.t? A. or near to him. party.

GifTord to get some. You leave the theater. that when the man was running past he had said that was Mr. very short acquaintance. While Jake was following the man was a gentleman who would soon get acclose to his heels ? quainted. That i. but it is included in You do not have to go into the the theater. Q. By Mr. and thought I was Mr. . is the only A.sination. and as he slept very heavily. I do not know Booth. Booth. and asked him where Spangler was. he made the remark. He told me he did not know where he was now the last he had seen of Mr. I did not see Spangler until the next day then I saw him in the theater.] Q llow was that ? A. GifFord's room. " You do n't know who it is. through tlie window. Booth. I dined with him on the Sanday after the assassination. He seemed frightened. the same as we have to go to the green-room and the dressing-rooms. When I asked.s all that I remember or who it is. and asked him if there was any such report at the police head-quar1 know that Spangler ters. He was there Then how did they fix it? a great deal. and get familiar with people on a A. About two weeks before the assas. That is what I have stated. we used such a rope as that to haul up some shelving for my wardrobe. It was about 12 o'clock on Friday night when I woke Ritterspaugh up. for he wanted to see Mr. but not in the room he usually slept in. use just such ropes as that in the theaup the borders and scenes. He Q. there was no one with me. I suppose Q. " Where is Ned ? " he said he did not know where he was. Some cne came there and told him he was going to be arrested. you suppose. and he went on and said that when Booth ran out through the passage-way. I went to Mr. that he supposed he was up. and when I was discharged we both went into the street. or it may where he slept on Sunday night. and he slept there on that night. Spangler and Ritterspaugh brought it up. Spangler used to sleep in the theater before the assassination. it looks as if it had been exposed out of doors. " You do n't know whether it is Mr. Spangler was when he was standing behind the scenes. William Withers. that is where I found Ritterspaugh. be somebody else. and in the afternoon saw Spangler again in the street near the theater. had very little money liiose two days. I do not know that the rope we used was an extra one. Booth. Ewixo. to the fourth story. I woke him up. No. Spangler. Booth frequented the theater very famil-. while he and Ned were standing behind the scenes. Mr. not at all. it is not such as I would buy for a new one. No. and he was there all night. and Spangler had slapped him in the mouth and said to him. one of the detectives. and called them by name. and thought it was Booth. Spangler was. He did not say any thing to me about Booth drawing a knife on him. and was very intimate with all A. and to Mr. so I took him into my room. and he said no. and told him then. Bennett's. By Mr." and Ned slepped him in the mouth and said. ter to pull . Booth. on the stage. Ewing. street to get to it and there is a passage-way to go up. I went to church. ." He did not say then that Spangler slapped him on the face with the back of hie hand and said. he was afraid to sleep up there." he I said. and Ritterspaugh was there asleep. never told it to any one but Mr. but a policeman stood in the passage-way. and I advised him at once to go and see the detectives. "Don't say which way he went. jr. I made no reply. and not have them come after him when he was asleep and take him out of his bed. Gi fiord's bed is in the manager's ofiice. the employees. Louis J. He was put under arrest that night in my room. You need not state what State what Jake said. He was frightened when I woke him up. THE CONSPIRACY TRIAL. Spangler was standing in the way. " That is Mr. [Exhibiting to witness the rope found in Spangler'sbag. there were a great many ropes around the theater. We Cross-examined by Assistant Judge Advocate Bingham. and for bringing up lumber to the top dressing-rooms. because the stairs are too narrow. I asked him where Mr. sir. I On am acquainted with Jacob Ritterspaugh.' nor any thing to that effect.— 108 A. That question before the Court. in Ritterspaugh had fully waked up whea h« . the night of the assassination I went to Mr. I am not qualified to judge about how much the rope has been used this one does not look like an entirely new rope. We walked round together that afternoon. When he went up stairs to bed on the Saturday night after the assassination. For the Defense —June 12. and that he did not know where he had gone. iarly before the assassination. he said there was some talk that the people were going to burn the theater. Gurley's on C street. Carlakd. The carpenter-shop is attached to the theater It is not just the same as my wardrobe is. On that night he slept in the carpenter's shop attached to the theater. or in the rain. the theater building. it may be Mr. and in the evening went down to Mr. Barry. on the first floor of the green-room. At half-past 9 o'clock on Sunday morning the guard came and relieved him.

about half-past 11 Bingham. To the best of my knowledge. about three feet apart. and sell it. Ewino. troubled about it. they are dragged along and taken. Q. it was the rick and his friends were there. He knew who it waa before he began to By Mr. tra for some company. while certainly. He bowed trance and go to the front door. have been in the Old Capitol Prison. and I to have them repaired. to reserve some seats in the orchesstate the truth of what he knew. if he had. and previous to his release from Carroll Prison. told 109 Aikex. By Mr. the box nearest the stage. I have been engaged at Ford's Theater since the first Monday of December a year ago. I could not find the I have frequently heard of Spangler going crab-fishing. and the seats were ocShortly afterward word was sent to cupied. No. He told me he had made a misstatement. pieces of meat attached as bait. me that. and box since August or September of last year.] with my back and put my foot against it They use a line of that sort. 1 heard Booth tell Span. Spangler had a pass from the captain or officer of the guard to go in Cross-examined by Assistant Judge Advocate I saw J. left the theater. and customary. and for me for the seats. Ford. He asked me if he could amend the statement that he had made. Bowers's engagement asked me if he could amend it. which have not been occuwhat he had omitted. In the absence of the Messrs. and asked me to count I took the money and give him a receipt. when the first act is over. morning. he stood up and recognized me.certainly he could. Ewing. The line is in the house to which I did the same thing When the trailed along. and he man up the Defense. boxes 7 and 8 were thrown into one by the removal of The door to the partition between them.DEFENSE OF EDWARD SPANGLER. and on Saturday had a pass for that purpose. He did not say reserved seats. pass the stage enTl»e theater was guarded on Sunday night. and as the crabs seize the bait when I could not find the key. and staying till Monday does. the horse-market. being burst open during Mrs. MerIf any thing was wrong about the locks on me in the front office. and with two or tiiree There is another lock lines tied to it. On the 7th of March Mr. He seemed to be By Mk. since the assassination. 8 the one I burst open was the one always used. to be taken by any person wanting Mr. they were also locked. speak. and kicks it came open. Ritterspaugh told you at the prison that the prisoner. the President's box. 8. State whether or not. and inquiring the private boxes at the theater. fully — gler to take his horse and buggy down to I Tattersall's. and if any repairs were needed. . which I did. and I told him to the assassination. I have seen ropes similar to this used. I and out when he liked. after the first act is over. " Do n't say which way he went. No. saying that Mr. I told him in March. I should pied. as it is called. and I stood from it [Exhibiting to the witneas the rupo found in Spangler's bag. but we had no conversation. and I have heard others say that shoulder against the door of No. asked me. I know of the lock on the door of box 8. President came to the theater. Raybold. It is three weeks ago that RitterJames J. or 12 o'clock on the 14th. but he ought to be particular and rick. As there is but little strain upon the rope. and sometimes a little longer. with him. He said he had not told all he knew. nothing but this case to think about since I end of the first act. Wilkes Booth. I never heard him say so. member his precise words. 6. for had not told all he knew. He has keys. I was in the box-office and sold the " tickets. A. Merrick did not come by the surely have remembered it. spaugh said he was scared. but 1 never saw him. with small close to the lock. done to any door leading to the President's could not get in I went then to boxes 7 and 8. not give way to that. Recalled for the Defense. It is the conversation we ever had regarding it. of the That is all at dinner. to see to the purchasing of every thing required in the house. to force it open. generally termed the President's box. duty of the usher to inform me. for I have had seats. but it was locked. directly after the assassination of the President in the theater. —June 2. but it did they had gone crabbing with him. and asked me if he could On Monday evening of the week previous not make a correct statement. I was employed to take charge of the house. MerNational Hotel. but any of the employees who slept there to me. and was the door used on the — — . presume Spangler sold it. Mr. the money and handed it over to Booth. could get in. Edward Spangler. Giffobp. and that he could not tell what he was doing. but I do not reMay 30. it is not particular about the size. hit him in the face with the back of his hand and said. they were done through my order. He brought the Thomas For J. as he frequently told me of going down to the Neck on the but he had so I put my Saturday night. I took them up stairs to a No repairing was private box. and I supposed the usher had them.

drawing up the different borders that go From its pairing the lock. from the lobby to the wings. April.no THE <. That was they were there out of the way. Ford was the one who sold him the box and exchanged it. in any other position. not know any thing at all as to 1 do whether Spangler got Uiat rope from the theater rightfully or not. I liave frequently had to order persons out Cross-examined by Assistant Judge Advocatb when the boxes were left open. never had a lock on. which 1 did on the night of the assassination. that he are taken down. and sometimes.s ever repaired after I buri^t it open. The chair xvas in the box when I went in to help put up the flags. . Booth's letters were directeii to Mr. .]witness the coil of rope foond in could not be used. To the best of my knowledge. ! when the messenger obtained the President. 4. Ewing I can not state whether it was after Booth To plaved Pt'scara that he occupied that box. The lock* were only used to keep per. the only reason why I put it there. nor any piece of wood to fasten the door with. I do not no tickets sold up to the time of the open. J. There were ladies and men with Booth. I do afternoon he came again to the otKce and not think its proper place would be in a use a great asked for an exchange of the box. and in the I should judge. the colors of different nations on. and again in thej afternoon. while tlie flags were being put up. Git!brd and have it as this at the time of the Treasury Guard's repaired. I The j think. 7. j tickets for last time I was in the President's box was on the morning after the assassination. I can not say the precise day on which Booth occupied box No. but I never thought of it from tiiat ball. I do not know whether it was split or I did not touch I was there in the morning. the audience was rather behind the President as he sat in the chair. the I'ockers would have been in the way. I the kind of rope we use in the flies for never said a word to Mr. between! not. Wilkes Booth engaged a private box. in. Mr. they lie upon the scene-lofl occupied that night. 1 saw Booth on the morning of the 14th at the ofhce. and I carpet-sack half a mile off. [Exhibiting to the night of the asBassi nation. nor did I see the I was there mortise the previous afternoon. but do not know of any applicalions. niy opinion is that the way the chair was placed. ought to stay there. it left a triangular corner. and if there had been. I know he got a letter from the office that morning. I had H so placed on two occasions before. but for about five minutes. not use it: he told me that the ladies at the National Hotel had disappointed him. the best of my recollection. I can not be many such ropes positive whether it was box 7 or 8. I can not say positively. 7.OXSPIRACY TRIAL. there were do not think it has even a latch on. to look at I went in with some gentlemen I did not see the the hole in the door. The rocking-chair was placed in the position it occupied in the President's box simply because. It was my used at the theater. been. when the President was there. it was placed behind the door of box Xo. and he generally came every morning for them Mr. About two weeks prior to the 14th of Any rope that was used about the theater. but up to that sight the chair had not 10 and 11. and the rockers went into that corner at the left of the balustrade of the box. at 10 o'clock. when the letters that belonged to the stage would be sent there. as usual. Bingham. but I think it was 7. GifTord about re. to hang It is like time. and never thought even of across from one wing to tlie other. and bring them to the office. Once when he engaged it. day. I did not examine it. I should have seen when I counted the house at night. last wmter a year ago. The sola and other parts of the furniture had been used this last season. I do not know whether before or after the box was engaged for the President. examining it to see wliat condition it was appearance. The fastening on tlie door is of pine 1 beand was not in the office the whole of theHieve. but audience. been sick with neuralgia for several days. By Mr. until we need them again. but we used such ropes place to report it to Mr. No. for I had supposed at the time that it started the keeper.know whether the force I employed against ing of the theater on the nijrht of the assas the door burst the lock or the keeper off. box 7. when they believe it was made to box 7. I eination. I the hole bored in it. Ford 8 bo\ at the post-office. Ford would get the letters as he came from breakfast in the morning.It would be lighter in color if it had not sons out when the boxes were not engaged. We . it was about two weeks before the a-ssassination it might have He had the box on two ocbeen more. at Ford's Theater. I can not swear that this rope has been I do not know whether the lock wa. with the rockers in the corner toward the I did not see hin\ in the box. and always passed in without a key. or door of the passage to It is the door leading into box 7 that has the President's box. and those belonging to Booth would be called for by him. The outer door. I judge this rope has been used. When the partition was taken down. The other door Spanglcr'H carpot-bag. 1 frequently entered the box afterward. mortise in the wall. he did casions. when Mr Hackett was playing.

and have examined the keepers on boxes No. Cross-examined by Assistant I have never known him to stop at any other hotel than the National. and I not see him. and hung by the lower I — Jun« is 2. the keeper is gone entirely. Surratt. 8 was used when the Presidential party occupied the box: when the party occupying the Presidential box entered. The lock on the door of box 7 has been forced. placed his shoulder.] whom I knew when 1 do not know John H. — June 2. I have not seen him since the 26th of March. more or less. Washington. ' ter-master General's office. I always locked that box. and entered the first box there was a partition up at the time between the two boxes. I can not say as to its having been done with an instrument. I know tliat No. but if you were to shove it. For the Defense. was fourteen years old I have been. may have called on some friend in the house. —June 3. and examined the keepers of The lock the locks of boxes Nos. Joseph T. and it was the door of this box that was burst open. them. It was the very first on visiting the tiieater James O'Brien. and the wood has been split by forcing the lock. The box nearest the stage we did not enter at all. but when force has been used. The screw in the keeper is tight. Ewing. ever since I I should judge that the keepers . Aiken. which I was You not aware of until I saw it just now. I do not of the prisoners except Spangler. to-day. The keeper was burst off I think. Henry For E. It must have been done by force. It has been forced. My occupation at present that of a dealer We . Sometime before the assassination I noticed that the keeper of box 8 had been wrenched oti". when ^t went back again it would have to be put back by the driver. the other has a similar appearance. it would come open. have been employed as clerk in the Quar- The wood in box 7 is The reason why I think with that lock is. see any evidence of an instrument having the actor. or fastening of anv kind. the partition was between the box we occupied and the one to our right. I was absent one evening.DEFENSE OF EDWARD SPANGLER. and it whirled around. I also had an engagement at night as usher at Ford's Theater. against the door and burst it open. [Herold. Cross-examined by Assistant Judge Advocate Bingham. On the evening of the 7th of March. The door of No. as the door shut pretty tight. You might lock the door. 8. By Mr. and the keeper swung round on the lower screw. Y. the Defense.. I think. left the National Hotel on the 26th been used to draw the ecrewe in either of of March. 7 and No. and left the lock without any fastening at all. it would make the hole larger. Since I was upon the stand. know any he was quite a boy. The upper screw came out entirely. at home sick. I have visited Ford's Theater. Mr. but. which is directly under box 8. and 8 were made loose by force I could not Our books show that John McCullough. Recalled for the Defense. . Mr. can take the upper screw out with your finger. The door of the passage leading to the two boxes had no lock on it. The keeper on box No. Raybold took us to a private box. and put it in to the full extent of the screw. since then I have not seen him. but could not find it. Norton of Troy. By Mr. force has been used that if the screw was drawn by a screw-driver. not split a particle. Raybold went to the ofl[ice He then for the key. To all appearances they have both been forced. Mr. in boxes 7 screw. Plant. at least the screw that held the upper part of the keeper came out. He is the only one I ever saw with the exception of one. By Mk. and Mrs. The wood -work in box 8 is shivered and splintered by the In box 7. Ewing. and when I came next I found that the keeper was broken off. Miss Engels. in company with my wife. in furniture. 7 and 8. In box 4. K. you can put your thumb against it. I went to Ford's Theater. engaged in I have visited Ford's Theater cabinet work. Marcus P. am By Mr. passed down the dress-circle on the rightnand side. McCullough box that we went into on the 7th of March. N. Bunker. and you could put the screw in and out just as you can the screw in the door of box 7. Mr. the door was always left open. Ill —June 2. 7 appeared to be all right. and push it in and out. a clerk at the National Hotel. the tap was gone clear to the point. further on toward the stage. and the keeper has been forced aside. of box 8 is in the condition that I stated this morning. 8 was done by force applied to the outside of the door. It was the very first box we came to that we entered. For the Defense. Ewing. my thumb and finger. I never thought of speaking about it. Judge Advocate I Bingham. I could force it back with my thumb. Merrick. 1 could pull the screw with screws.

I think. I believe. I work of evenings when I came from work. inch in diameter. business. than it is on the inside. carried it to my room. For the Defense. in the arsenal. before he was finally arrested. and had his trunk recertain knowledge. For —June I boarded in the same house with the ao- The cused. I used to see him in the morning. G. while the lower part on the right-hand side appears to have been trinimed with a penknife or some sharp instrument. I presume. . He did not sleep the last time on March 11 he left on there. back of the knife. . Spangler. who was attending to Mr. previous to his arboarded there on and off for six or I am clerk at the National Hotel. Charles A. and I saw him at and about the house as usual for several days They had him once or twice in afterward. it had the appearance of having been covered with something. after the assassination I packed Booth's there off and on for the last three years. By Mr. than one-fourth of an inch in diameter. I find registered hia saw Spangler at the house. and the 26th of March. as no remnant of it was left. rest Edward He home name at the National. 2. and generally take my dinner * The gimlet would bore a hole three-sixteenthi of an with me. In his trunk house for two or three days before the assassinI I found a gimlet with an iron handle. have been made by a penknife. before the assassination. 1 saw Spangler about the moved into our baggage-room. I know the accused. W. — June 2. 1 never saw him wear a moustache. I noticed a hole in the wall of the passage behind the boxes. For the Defense. Ewino. He boarded there five or six months. perhaps longer.112 THE CONSPIRACY TRIAL. he boarded at the house where I boarded. a little more inches. John McCullough. 2. I have lived day. who always made his I am not certain what days it was that I the Defense. and the roughness might have been caused by the ' —June Boigi. and afterward gave it to Mr. I do not recollect the date of hia final arrest John Goenther. Bunker. the station-house. Ford's Cross-examined by Assistant Judge Advocate Bingham.* ation. in size about five by seven and a half or eight I noticed also a hole. seven months. in It is larger on the outside the door of box 7. By Mr. To my effects at the National. I could not sec what. Edward Spangler. Ewing. Hall. as if cut by a gimlet. The hole might. The left side of the hole feels rough.

buggy.] stopped H '' I 8 (113) . money. an hour.the following Monday. 1864. John M. and asked him where He said he was going to o'clock. to see J. Commissary-General of prisoners. College. SurShe ratt said that he wished to have a private for the purpose of getting hi. arriving 'here about half-past 4. Charles Just before leaving the city. I was sent by Mrs. kept the house. and this city. and Booth said he have one. commenced in the fall of 1859.sassination. and say that she and he said he was going to hire a horse. having been sent there by Mrs. as I was going We left college together to the door. [See testimony of MARY — E. On the 2d of April. and 1 paid $6 for the That was after the visit John H. Mary Murray. I saw Mr. Mrs. wished me to drive her into the country on interview with her. and boarded I saw the prisoner. Sur. Surratt went into the parlor. pose of seeing Mr. when 1 went to hire the buggy that there up to the time of the as. SURRATT. Murray recollected. We About the 17th of March last. V. She did not seem to Booth said that he had sold his comprehend. at the house of Mr. but that he would give me $10 in. I was at the Herndon House. acquaintance with him in January. and is about ten miles from the Navy Yard My acquaintance with Jolin H. buggy.Anna Ward has spoken to you about this He gave me room. would come to the house in the evening. a Mrs. to the Herndon House. Surratt bridge. Surratt to Surratts. She see Payne. the prisoner. I asked him what he wanted." herself gave me the money on that occasion. when he said.he was going. at St. Maryland.«sion of it. SurWe remained at Surrattsville half ratt said he would like to have the room o'clock. 1 then asked. who Surratt to the National Hotel to see Booth. We left about half-past 6. when the gentleman would take posNo name was mentioned. ville is about a two-hours' drive to the city. I parlor more than three or four minutes. Surratt. He inquired for Mrs. that I might hire one. the 27th ol' ratt stated that she went there for the pur. Surratt sent for I have been clerk in the office of Greneral me. I think. Mrs. He did not remain in the On the 1st of November. Surratt was speaking with him. Weichmann of the time. wished to see him on " private business. SurrattsHoffman. Sur. One day I met went to Howard's stable. On Friday.March. wlio ville on that day. since January 9. who owed her some 8e. in They were alone. about the 19th of On the Tuesday previous to the Friday March. at Howard's stable.TESTIMONY RELATING TO MRS. No. Mrs. afterward heard that the prisoner. Surratt soon as he could. I remained outside a portion Loms J. the day of the assassination. Did she not speak to you about enstead. and he came. Nothe. who keeps a tavern there. Lloyd. about half-past 2 Atzerodt on the street. Booth in the parlor. of the assassination. and I renewed my and Mrs. He said. Mrs.gaging a room for a delicate gentleman. 1864. is at the Herndon House?" a ten-dollar note. 1863. "Yes. 541 between SixtJi and Seventh. and went into the bar-room a For the Prosecution. Surratt asked me afternoon. part of the time. leaving this city about 9 was to have his meals sent up to his room ? and reaching Surrattsville about half-past 12 Then Mrs. the $10. page 85. Payne. as I remember going with John H. immediately after he left.'' but Brook Stabler told him he could not I conveyed the message. for the purpose of renting a room. "Perhaps Miss that day. and Mr. "Is it Payne who ratt for the purpose of hiring a buggy. Surratt had I drove her to Surrattsville the same made to engage the room.^ilkes Booth. and when she came. Mrs. Surratt and I Street. until Mrs. Lloyd. or probably not so long. went to board at the house of his mother.s buggy. started. Atzerodt. dav. May ] 3. in the summer of 1862. and I drove Mrs.

Slater. John H. leaving me alone. white horses. Surratt. and gray pants. thought they were Surratt's horses.Sometimes. Surratt's frequently. and when opposite ing Jirsl asked his name. can you go and just before leaving for Canada.cotivernution. I should not consider it Benjamin and Davis in Richmond. evacuated. but from the motion of the pencil had told him that Kichmond would not be it was more like roads or liue. that Booth wihiied to purchase Itig from Mrs. when engaged in general converbacks. which was received here on the I4th I also saw another letter from him in calling himself Wood came to Mrs.^. date<l St.the center-table. and I remarked. J . Porter.farm. .spoke about the horses that he kept at Howfield. ". He interviews were always apart front other perleft that evening." No.it to him from the kitchen. Afterward they were seated round versation with him about the fall of Rich. which would sometimes The same thing I afterward learned in Montreal that Sur.'-patches it. On .lohn H. ratt arrived there on the Gth of April. in company see Mrs." ister of St Lawrence Hall. Samuel supper served up to him in my room. and $50 in green. Some time in March last.114 THE CONSPIRACY TRIAL." He said. he had a black overcoat on. and my knowledge was derived from the reg. a He and John Wilkes Booth black dress-coat. A. but he was captured on to me for his private conversation. and would sometimes occur with Mrs. Booth called Surratt. Their street with him and take some oysters. Surratt introduced mained till the next morning. had a private conversation with him. Surratt's house. he fhereu|>on expressed a desire to passing down Seventh Street. he gave the name of Payne. Slater came to Mrs. Slater. and I again down Seventh Street. and Dr. Surratt. so Surratt took her back stated that Booth and he had some private to Richmond.lie stopped at the house all night. when Booth took out an mond.up stairs and . one of the accused. Law. " . with Booth. After this interview at the National Hotel Surratt only remained in the house about Booth called at Mrs. from 'three went out together and had a private Howard's. Mrs. went to the door. Mrs. Surratt. They were coming weeks afterward he called again. when he told me he was going to generally asking for Mr. Booth to both of us. and they writing. 1 did not turn that John had gone to Richmond with liear the conversation. was lounge near the window. | j I m . Dr. John Surratt drove her audi into a passage and calleil Booth out. Surratt. as Booth was not willing to give him Surratt returned from Richmond on the enough. About the l")th of Janu. in company with three others. an hour. He told envelope. and asked me to walk down the and in his absence for Mrs. and ordere<l cigars and Canada and Richmond. •' Why. the day the news of the fall of to me that he wished to purchase Dr Mudd's Richmond was received. stopped there one night. I have been in the parlor in company Montreal. Surratt was not the letter to his mother. hut that lie did not care about sellifig ner or a bearer of tli. Surratt. I arrived at Montreal on the I'Jth.Surratt into the country in a buggy.«pare me a word?' They changed $40 of gold for $00 in greenbacks. he recog. I took He brought no the gen. Odil Fellows' Hall. I had some con. Surratt.rpiiinting to Lewis Payne. and-tional Hotel. a man April 12th. which he kept at Howard's mother. some one calleil "Sur.iry last I was at home.and. and the 24th of March. sation. Mrs. Surratt.-irrived there. and Mrs. He had nized an old acquaintance of his.baggage. left on the 12th for the Stales. Lawrence Hall. Booth invited us to his room at the Na. J were walking together. an<i I introduced him. I wagon. and he seemed incredulou. When leaving about 8 o'clock in the morning. tleman there [pointing to the accused.last two or three hours. of Charles County. and stated 3d of April. lie was seen to leave the house of a Mr.Saturday. He reuel A. and on the back of it made marks me he did not believe it. Booth would say. that he had seen with a pencil. saying he was going to sons. Dr. I went to the door and told him Mr. when he came back from Richmond.on the Tuesday previous to the asssissination.! ratt. stable.farm.s. he ex. and I have not seen him since.John. rence Hall. John II. and to obtain liis buggy for Mrs. I was seated on & Mrs. in a ard's stable. would then go up stairs and engage in priwith Mr. but that was prior to and inquired for John 11. Booth also apologized. the wines for four. Sam. and we were going up. Surratt's Canada to Miss Ward. •e. This lady went to told us to be seateil. Montreal. Mudd introiluced earliest train for Baltimore. vate conversation. Mudd to me. I think. on G Street. when Booth has taken Surratt I saw about nine or eleven $20 gold up stairs to engage in private conversation. and turning round. Surratt. Mudd then went out '2'M of March. returned on "When I saw Booth at the National Hotel the 18th. I understocwi. Mudd ajtologized a blockade-runner. Surratt. Md. Montreal. Mudd. leaving by the About three Dr. asking him. Surratt had stated to me that he I saw a letter from John Surratt to his had two horse.^. they are mine. pieces in his possession. Holahan. lie they returned. On returning to to have met a man by the name of Howell. and left again that night. Mudd. and all hired a two-horse team. havThat is the man with . as I learned business. . and engaged rooms at the St. Surratt told me on her re. I had forgotten his name. was either a blockade-run. When we . the room tlie last time Dr.Slater.

moral sense. to my recollection. as he said." he gave Surratt two John H. After the play was over. that has a round ances. and removed to That is one of the spurs. altogether exemplary. one day. and they could remain as long as they During the whole time I have known barrel. while she lived \h I made her acquaintance ance of Booth. as far as I could judge. I then recollected that on his first visit he Surratt's. I put the moustache into a little back. Surratt. not comprehending the name that he gave. 1864. I met him again in the sum.the morning and sometimes at late mass." also met Mr. quaintance. Mrs. she rented her farm at to the witni'Ht).regular attendant on its services. will you not come and take a drink?" We then left the restaurant. Since then he must have been at the house ten or fifteen times. The re. The knives they were playing of coming from the country and stopping at by Surratt. a large bowie-knifo. — — my room contains eight rooms six large and two and tho. " Mr. and said that he had been in E. Surratt herself at the theater we met David E. as near as I can remember. all five of us left had given the name of Wood.times during '63 and '64. after. at her.mann.ratt. the country. Surratt's they only looked upon it as going. in the lower portion of Maryland. spurs similar to that in a closet in — when I was last there. and Mrs. of new spura When I went to board with Mrs. Herold. going down Seventh Street. tained the moustache. her character. She was Surratt's. David E. On returning from my office one day. I recognize and was apparently doing all her duties to the prisoner Atzerodt He first came to Mrs. Surratt. Surratt. when I first made Mrs.her house. . noticed that Atzerodt tion for it. Surratt was always very with were smaller than that knife. SURRATT. at Piscataway Church. in company. wliere were Mrs. preaclicr. 115 Surratt. E e had taken tlie oath of allegiance. and a revolver. Arnold or O'Laughlin. the corner of Tenth and E Streets. sometimes early in met him. Lloyd. The only evidence of disguise or prepara. Holahan. cara^ in the " Apostate. a chair and did not say any thing.confidentially with Booth. sassination. Herold. I met the prisoner.se three be. . talking very toilet-box that was on my table. . went to Kloman's and had some oysPayne was there. and inquired for John H. his baggage consisted of a linen coat and myself. and myself going home. or Mrs. remarked that he was a great looking Bap. in the country. and the others seated on a bed. while Street. We went as far as gray. and it was found in whicli 1 did. in the spring of a member of the Catholic Church.TESTIMONY CONCERNING MRS. found in Atzerodt'B room at the Kirkwood House. She went to her religious duties at are the only times. and told him where we were He said he was going there too. when Surand two linen shirts. There were also two revolvers and four sets Cross-examined by Hon. On the last occasion he was dressed in a complete suit of the theater together Mr. [A spur. and was a complimentary tickets. we met Atzerodt I heard no explanation given why a at the corner of Seventh Street and Pennsylmyself Baptist preacher should seek hospitality at vania Avenue. Surratt's ac. playing with bowie-knives. I ever least every two weeks. Holthird story and found Surratt and Payne ahan. volvers they had were long navy revolvers.erally accompanied her to church on Sunmer of 1864. and her conduct. about three weeks after I formed the acquaint. The young ladies of the house. 1 was sitting on they separated. Mrs. and as Surratt and I student of divinity at the same college as were going to the theater.[pointing to the accused. that we separated Surratt.small. Her house is on H Street. Weichquired for his moustache. These day. Mrs. in a religious and played Pescara . that I know of. Surratt is a Catholic. and joined the other two gentlemen on E my baggage that was seized. and Booth said. Mrs. and latighcd at it. Reverdy Johnson. who boarded at Mrs. Surratt rented her rooms and Persons were in the habit longed to the eight that had been purchased furnished board. I found Atzerodt and Herold in the Payne restaurant adjoining the theater. Miss Surra tt. one of the young ladies called him "Wood. were exiiibited in November. I went up stairs to the ters. MARY I ushered him into the parlor. In the course of conversation who smiled and nodded in recognition. which I found on the table in my room me to go back after them. He represented himself as a Baptist time. Surratt.] We tist preacher. God and man up to the time of the asSurratt several Surratt's house. oners.] Surrattsville to Mr. on one occasion I also met was exemplary and lady-like in every parhim when we visited the theater when Booth ticular.and Herold were not following. turning round. On my approach afterward searched round the table and in. Mrs. was a false mous. and gave him the nickname of " Port Tobacco. At the time Booth played the part of Pescitizen. and desired When I went tache. and a I gen1863. There were three this city. I re. chose. and risen in . and understanding that he came from Port Baltimore for about a week tliat Tobacco." was now going to become a good and loyal 1 never saw him in the house with Booth. I visited Mrs. Herold odd. Holahan. David E. and Miss Honora He remained three days tiiat Fitzpatrick. hospitable. and I met him at Mrs. Surratt's. Surratt and her family are Catholics. and had a great many acquaintwith octangular barrels. I do not know either of the pris.

I was upon very when we arrived at Surrattsville. and of medium size. and that she was again compelled to go to SurrattsDiiriiijr tlie winter of 1804. In the mean time. she told Mr.s. Nothe. They went in and transacted their business. I first heard of the assault on President to nie. 1 do not know of his beinjj: in Canada in the This package was deposited in the bottom winter of 04— althon. to Europe on a cotton at 3 o'clock on Saturday morning. he returned that interest on it. that they were not company for turned with us to Lloyd'. He would go to Nassau. At another time he mentioned to me that was black. Un the occasion of Mrs. pose to assassinate tlie President. dinner there. whose name us of it. in diameter. was excellent. the same table. with was in the parlor. The moustache that I found upon my table since 1861. 1 was taking He stated supper at the time. that he would it to . Nothe. I did not see the letter. a college. Surratt. John Surratt is about six feet high. It was answered by Mrs. and the back room in the third story.care about having such sticks brought to When we ar. His character at St. (Cath. When lie returned from Richmond. three miles lower down. and asked me to take her down. it was suffihe was going on the stage with Booth. Surratt's second visit to Surrattsville very long hair of a light color. Ilis stay at was a package of papers about her prophome was not at all permanent.preacher should use a moustache: I thought On leaving no honest person had any reason to wear olic. I put on a pair of spectacles and the moustache. Nothe.x. Surratt's desire. and find his brother Isaac. and a plaid noon. Mexico. $479. on the lltli of April. to my knowledge.stood. rived there. was on the afternoon of the 14th of April. then he into the parlor he acted very politely. that did not care to have a laLse moustache lying I remember exhibiting his conduct had been so excellent during the round on my table. that ciently large to entirely change the appearWhen I found it I lie was going to be an actor. gray vest. Charles College. and taken out by Mr. moras. gray frock-coat. and shared some one rang the front-door bell. evening. roomed together. day. and done up in paper. Captain Ciwynn re. one country almost all the time.IIG tliroiigli THE CONSPIRACY TRIAL. seein. stopped in the Surrattsville. who had. took having him brought to the house. we eat at 9. Atzerodt. and I lieard footthe same bed. and remain tliere prol)ably only two he had on a black coat: and when he went weeks to transact his imsiness. three years he had been there. The day he Mr. Surratt's visit to was making fun of it. Nott said that Mr. but I did not go in. that house only one night. he slept alone in the John Surratt lie owed her a sum of money. Nothe owed her. and always be remembered by those who had fooling with it the day afterward. lie never intimated to me.ss Surratt to play on the piano. because I college he shed tears. and Atzerodt. and down the steps. when he gave the name of Wood. and another package. she didn't At Mrs. about six inches. Surratt and myself went to Captain Surratt say that they did not care about Miss Owynn's place. cspeeially. About ten minutes after we got back. about half-past 12. from Nassau to Mata. . lipr pon. and the president. shortly after he made the acquaintance of Booth. a very large nose. Mr. The first time that Payne came to Mra he did not mention.one. Nothe her.) Maryland. and they were ance of the wearer. thought it rather queer that a Baptist going to play in llichmond. Lincoln and the attack on Secretary Seward that he was goinj. lie was down in the We took witli us only two packages.asked Mi. residing somewhere in that he would go to Liv.s. and did not see Mr.pants.the house. in the month of course I consented. Surratt < without my knowIedy:c. him almost turned to Washington about half-past 8 or * every day wiien he was at home. proaching him. sometimes he would be think. November. I should away the otiicr half. left for Montreal he wore cream-colored She rapped at my room-door on that after. and very prominent forehead. Anna Surratt's expression was.some of the clerks in our otlice. immediately go out else to my knowledjre. and he raised the piano-cover. to send a messenger imme. told him not to weep. On arriving was out in the country. left the next I afterward heard Miss Anna and Mrs. ap. and 8urd<en eyes. there. sometimes erty at Surrattsville. John Surratt ville. "). for thirteen years. tluit tliere was a pur. and remained about two hours.0U0 luid been advanced detectives came to the house and informed speculation to him by an elderly gentleman. and charge of the institution. Mrs. lie has a goatee.Surratt's. Charles Calvert in regard to that mate of mine u]io liad been Inr three years. and told me she had received a letter shawl thrown over him. I took it and locked it up. in the presence of his sister. It looked to me like three or four weeks at a time in the country. . when the tliat $3. nor to any one steps go into the parlor. diately to Mr. (Jf was Ireciuently (Vtnii home. he Tora Mr. the neighborhood erpool. . Nott. We re-| intimate terms with him.again. I underthe bar-keeper. and did every who had been in Magruder's army in Texas thing wliich indicated a person of breeding.:h he could have gone of the buggy. lie wonid be at home for half a wt-ek.money that Mr.. been waiting to see John. she told me she had business with Mr. perhaps two or three saucers wrapped up.

Mr. saw Herold in the summer of 1863. and we talked about the war. . this occasion that John Surratt introduced Clampitt. I remember. it was. I will bring suit I also remember against you immediately.TESTIMONY CONCERNING MRS. A band had gone down from the city to serenade the otficers who had been elected. on the way down. Mudd to me. SURRATT. and the band stopped at Mrs." not tioned in Mrs. Ewing. Booth. and spoke like a Union man. but here are ten dollars. On the evening of the 14th. Doster. Surratt and I then bade Dr. where Dr. $2. pencil drew lines. on the back of would not. they remained They not more than five or eight minutes. Seventh Street. Surratt I have heard of Dr. Mrs. where Dr. All the while he was doing it they were engaged in deep private conver- By Mr. nor did make any inquiries. tell • whom Dr. E. Surratt sent nie to Booth. I first Stone. the National Hotel. It was a letter on general He said he was much pleased with subjects. for which he had paid $10 in silver. I never told Mrs. Samuel Mudd I can not say.50 a day in gold. the same lengtli of time as at the view. or that he would soon go to Toronto. Surratt's house. I had never seen Dr. first inter- Atzerodt has been frequently to Mrs. at the National Hotel. "What a good read I shall have when I am left to myself" It was the first day of Booth's arrival in the city. By Mr. By Mr. We all went into the sitting-room. and before the 1st of February. that board was too high at St. were looking on. Mudd had a room I am sure it was after the 1st at the time. and with the French cathedral there. It was immediately after the recess of ConThe room that was occupied by Booth gress." summing up the interest for her on the sum which was scarcely audible. and remarked. Mudd had rooms. When Booth went out of tile room with Dr. walked round the room. 60 Booth said. When Mrs. and it was on at Surrattsville. and with a and talk with him. and Dr. I remember. I thought at the time that it was nothing more than an act of friendship. Mudd met Surratt and myself. and ail three staid out about sation. I had heard the name of Mudd menThe letter was signed "John Harrison. Mudd. his name is John Harrison it was this Dr. "I BootJj then invited us down to his room at have sold my buggy. on Seventh Street. immediately after their return Almo. Samuel Mudd. we re- had nine or eleven $20 gold nie from After their return the mained probably twenty minutes. Mrs. Booth was speaking to Surratt. Mudd before that day. These conversations the envelope out of his pocket. Surratt Mudd introduced Bootli to both of us. On — of $479 for thirteen years. occupy more than five took down some Congressional documents. Surratt's. 1 suppose. and serenaded us. the city of Montreal. to 117 room. 1 said to Booth. him to me. Mudd came and sat down by me. Aikex. and then Dr. at the National Hotel had been previously occupied. Surratt to Surrattsville. as it were. Booth. and Surrratt. At about half-past 10. asked you for last evening. She would then go into the passage three-quarters of an hour. of January. as I heard no retreating footsteps. parlor on being asked by Booth to spare him When Booth took a word. that led me to believe there was any thing like a conspiracy going on between thern. Mudd introduced Booth to John H. Surratt took Dr. Booth bade us good nigiit. and had interviews with John . went into a dark passage. Mudd. George Mudd and Dr. There was nothing in the conversation between Dr. when I drove Mrs. By Mr. but whether his full name. Surratt would sometimes leave the arm. As we walked down and you go and hire one. and went out. the 14th of April. MARY pieces he did not he got them. Lawrence Hull. Herold was with this party. When Boot!) and Dr. Surratt first introduced Dr. then left the National Hotel and went to the Pennsylvania House. I could fix the exact date." He said. "Mr. Surratt showed me the letter she had received that dav from John. I was sitting about eight feet from them and could hear notiiing of it. " this ciwelope. by a member of Congress. Mudd's Surratt that. He expressed the opinion that the war would soon come to an end. I wrote a letter for her to this man Nothe. Surratt's house. 1 know he had no I gold about him when he lefl for Richmond. and of his trking possession of the room. "I am come with an order for that buggy that Mrs. and I judge they remained there.'it Surratt went out. and I walked with Booth. I understood. and that he would probably go to some private boardinghouse. tiiat he had bought a French pea-jacket. and By Mr. Congress was in session at the time. Mr Surratt and Dr. and they diil not take their hats. put his hand on the shelf. Nothe: Sir Unless you come forward and pay that bill at once. Mudd or eight minutes. they stopped and serenaded us again. Most of the Congressmen had returned. if reference could be had to the register of the Pennsylvania House. The conversation at the National lasted. Mudd good night. He said he was going to leave next morning. generally. at a serenade there. Surratt and myself about the 15th of January. on returning in the morning. and lie oflered me the ten dollars.

"Yes. Surratt. I went to my room. and was looking say that I received it on the 2^x1 of March. and ringing place between Mrs. Surratt leaned sideways the bell for Dan. I six others. "John. He had a whip in his hand. "Don't be so damned incjuisitive" During Payne's second visit to Mrs.sebaok. Booth came into the room. his business ap- peared to be with Mr. from that reuiark 1 concluded lie was going South. On going down to dinner. I can not Revere House in New York. I spoke to him. nor any thing else to show that Payne wanted to disguise himself He appeared to be kindly treated by Mr. no remark at all. sat down. Street. and that he pa. I was in the parlor during the whole time. told him Uniontown. my jirospect is gone. I said. Surratt and Mr. Lloyd at Mrs. talking in niy room. "John is gone away. and Booth. I think. ami must have remained there about thirty minutes. and. 541 II Street When I asked the negro servant to tell me Tell John to telegraph number and street who the seven men were that had g^>ne out [Signed] J.-^piracy. I did not hear the conversation that took 1 returne«l from my oflice one day at half-past 4 o'clock.-e." back room. when ' — . About fifteen minutes afterward. I found Mrs. and remarked that he was a queer-looking Baptist preaclier. and 1 noticed he had a pistol. On the occasion of his tirst visit. and asked him where he was He said he was going to see Payne. 1 do not know of any conversation that passed between Atzerodt and Bootli. in trying to get a horse. you coiild carry it in your vest-pocket. you can. I have man who was stopping at the house. I went to my room.: 118 II. to him under a false name. why "1 nuich excited?" He replied. j Surratt in the parlor. " Payne had gone his friend Payne.x. The stable-keeper. but he was going on hor. . Recalled /or the Prosecution. the negro servant. At half past 2 o'clock. Some two weeks after. Surratt. con. that was sent to him under the name of James 1 asked him why a letter was sent Sturdey. going 1 asked him if it was Payne who was at the Herndon House. whom I Though they were very eeen Booth's handwriting. Payne. and did not notice me. Surratt on the same day. [A telograpliic dispatch was banded to the witness. When 1 delivered the message much excited when they came into the room. when On Surratt's rethey left tiie house together. ti> John Surratt. came into the room. tor something to do. commenced reading. and I endeavored to console iier. and recognize his recognized as Payne. autograph." Wlien Payne visited the Surratts. and he said he was going to ride in the country. Atzeroilt came to see Surratt. I asked him what particular Those excited renuirks by iiuiubc-r anil street was meant. and Port Tobacco. Surratt were the only ones made. a small one. and he said he was going to get a horse and send for After dinner. He was also very much excitetl. a four-barrelled revolver. and of going to Europe. BOOTH. his Surratt was continually speaking about cotton Hpeculation. and that This is in Booth's handwriting. He told me Massa John had lett the front of the hou. I knew notliing of On the place between them. the prisoner. I saw Atzerodt at the livery-stable. are you so will shoot Payne. Aikkn.] The letter was signed "Wood. March 23. occasion of Tayne's last visit to the iiouse. and about halfi ! past cited ! — tj o'clock Surratt in fact. I asked him where he had left He said. I asked Atzerodt wiiere he was going. He appeared to be very is much excited. any one that comes into this room. on horseback. recognizing me. having reference to a what look to bring me some water. in the third story." and the I received this dispatch and delivered it to substance of it was. 186i. " 1 did not see The three then went up stairs into the you. Surratt in the passage. my presence. turning home. I did not notice any other disguise than the false moustache spoken of. sumetimealler the 4th of Marcii. 1 asketl him where Booth to Baltimore. SurCross-examined by Mu. One of the young ladies looked at him. or Atztroilt and I'ayne. Payne made thev were very guarded indeed. godowa and make the l>est of your dinner came in very rushed into the room. about haltpast 2 o'clock. at once. and inquired at the same time where John had gone. the 'JOth of March. what the matter. particular reasons for it. Esq." had gone he said Booth had gone to New York. I do not know whether the Surratt family regarded him as a man in disguise or as a Baptist minister. ratts house. and he said. I met Atzerodt one day on Seventli Street.. and Booth was so excited that he walked around the room three or four times very frantically. and I heard Atzerodt once remark that he also wa. he said.s going to Europe. my hopes are blighted. au if he was an old acquaintance. THE CONSPIRACY TRIAL. riding that afternoon. he said he had May 18. can you get me a clerkship"? In about ten minutes after. 1 want something to do. He said. I She " said. Surratt. that the writer was at the John H. go to some boarding-house on West (irand This must liave been before New Yokk. and I pew Payne and Atzerodt togetlier. on the afternoon of the 14lh. She waa with weeping I bitterly. inquired for a letter would not convert many souls. he saiil one was Massa [Tho original of the at>ovo dUpatch was oflcrud iu ovidencn:) John. that he would probably but it was after the 17lh of March.ssing the post-oftice. refused to let him have one. to dinner. To Wcichmann. in much exre- a revolver hand —one He hud of Sharj)e'8 volvers.

Mr. SurThey ratt's. then they would go out of the parlor and stay up stairs for two or three hours. Surratt told me that been there twice. a clerk in our office. the door in a buggy. with Mrs. I would have been the last man in the world to suspect John Surratt. Cruikshank. I could understand but this is an attempt to get at the init.TESTIMONY CONCERNING MRS. Assistant Judge Advocate Bixgham. and decided in favor of Surratt. I obIt is wliolly immaterial ject to that question. Mrs.\m. of the murder of the President of the United States. 119 about its being a cipher used at Richmond. situated as I was with Mrs. and I asked him. in my presence. in E. Clampitt. and that she was a blockade-runneror bearer of dispatches.m. question was waived. Slater at Mrs. which you can not do. It was hard for me to do so. shall I have liim delivered up?' I agitated the question with myself for tliree days. speaking French as she At the time I saw lier. though I understand she has Mrs. refu. of the Metropolitan Police force. I afterward met Mr. When Howell was at Mrs. I told Officer McDevitt about Payne. SURRATT. and I was studying for I told him that I the diocese of Richmond. were on general topics. When Booth would call. I have seen Mrs. and mentioned snatches of conversation I had heard from these parties. "There is a blockade-runner at Mrs. and I told him I would give him an enigma which he could not make out. He was in the habit of making puns and enigmas himself. and the only use I ever made of it was to write out a poem of Longfellow's in it. in God's name. a clerk in the War Department. Q. Surratt. The By Mr. tliis man Howell taught me a cipher alphabet. the morning after the assassination. what reason he had. He was well acquainted I was introduced to him. that she was a North Carolinian. the description of . Surratt told me to go out with her. Holahan. He said notliing While I of Secretary Seward Ije was described as a man who wore a long gray coat. and said to him. I surrendered myself because I thought it was my duty. there was a young man Mrs. Assistant Judge Advocjjte Bixgh. because she could immediately apply totiie French Consul. Why had you a greater desire to continue in Richmond than the North ? Assistant Judge Advocate Bixgh. and concerns the res gestm of the case. Howell. which I showed to Mr. and he also communicated similar suspitions to me. would like to be in Richmond for the purpose of continuing my tlieological studies. I never learned any thing from the conversations of any of the prisoners at the bar of any intended treason or conspiracy. and no offers or inducements if I did. No threats were made in case I did not divulge what I knew. or Booth would nudge Surratt. but I afterward learned from John Surratt that his name was Augustus Howell. Atzerodt. and had some conversation with hitn. and Herold. and what I knew of Surratt. I thought it would be perhaps the only time the man would be there. nor did he give it to me with any idea of corresponding in it. tlie assassin By Mr. I spoke about Mr. I made a confidant of Captain Gleason in the War Department. and so I have always regarded it since. in Mr. he would converse perhaps five or ten minutes. but they would withdraw themselves. I never had a word of private conversation with them which I would not be willing to let the world hear. I did not know what they intended to do. If you had asked him for his declarations. It may be a connecting link. Supposing he should give an answer. 1 told him I would like to be South.a. ''Captain. My only object was to assist the Government. By further testimony that we may adduce hereafter.AMPiTT. Their conversations. my school-mate. and that I would let liim go. It is important. I had been a student of divinity. Liis nickname in the house was Spencer. and huw to use it. was a clerk in the War Department. and after breakfast we gave ourselves up to Superintendent Richards. Howell to Captain Gleason. Surratt's. and then I noticed that John would tap or nudge Booth. Ci. and whispered.sed to tell me his right name.^mpitt. as it were. The cipher alphabet was in my box. I read in the paper. and where he was stopping. Siie wore a crape mask vail. how would you dispose of it? Mr. That was some time in the month of February. Cl. but my suspicions were not of a fixed or definite character. unless you can obtain the power of your studies omnipotence. MARY the buggy. I told him that Booth was a secesh sympathizer. he gave the name of Spencer. Surratt and her family. Aikex. Bhecanie to the house with Mr. and no doubt was found among my things when they were seized. I believe that elie spoke French. and take her trunk. Surratt's house only once. she drove up to did. and their frequent private conversations with John Surratt. and again by finding a false moustache in my room. but it was my duty. terior motive of the witness. what do We even talked YOU think of all this '?" . Surratt said if she got into trouble there was no danger. I can not say that any objection was ever made by any of the prisoners at the bar to my being present at any of their conversations. Lloyd's ear. Witness. and by seeing Payne and Surratt ])laying on the bed with bowieknives. and I went to the stable on G Street and told Brook Stabler that I thought it was Atzerodt. You can not do it in that way. My suspicions were aroused by Payne and Booth coming to the house.

John H. about this blockadenot brought out in the examination in chief. testifying against iiim. some time in February. what they had been after had been a failure. not inquire into that.\m. nor anybody else and perhaps the witness himself would not now be able to state what controlled his mental operations at that time. of wiis arrested at use is that to anybody ? I object to it as a Surratt. because I was Liu friend. The only one that visited the house during that time was this man Booth.] wholly immaterial and irrelevant question. question is now. he was going to engage in oil. from The Court sustained the objection. asked to state how he came to connect co. forever. lie knew For the Prosecution. it can time he came to Mrs. I also saw in the Republican. when my suspicions of danger to the Governnient were aroused. which they could tliey do. Aiken.x others. It was the morning after the ride that I stated to Captain Gleason that Surratt's mysterious and incomprehensible business had failed. and it was not objected to. Surratt s for seven years.120 over several tliinj^s TUE CONSPIRACY TRIAL. How came you to connect the discussion which you read in the papers with any of these parties. He laughed at the idea of such a thing in a city guarded as Washington was. Ewixg. ] object to the question. March. that the as. I will state that since tiiat ride my suspicions were not so much aroused as before. By Mr. that Surratt had come back. tlie capture of President Lincoln fully discussed. and it was on the 10th that the party Mr. Payne wore that coat and vest the last No u)atter how the witness answers. without informing t'l me. do you think any party could attempt the capture of President Lincoln ?" He lau^rhed and liooted at the idea. wn. still.it attired in (The ft<-c«8cii. "Captain. Recalled for the Pronecution. No court on earth could do it It is a thing we can not understand. tain (Jleason. AiKEX. of that sort. l')th and 10th of against the prisoners. which also was lix the preci. This liappeiied before the horseback ride of 8urI remarked to the ralt and the si. took place after reading the article in the The my Tribune of March lytii. not consi<ler that 1 forfeited my friendship playing there at that time. ui>on him. 1 insist on my question. of March 19tli. and Atzerodt. I graphic operator. liow he came to form cerAVe can not try a question tain conclusions. Lowis them with the newspaper article. but he said he was going to engage in cotton speculations. ride of tlie parties spoken of. Slater. Of what and vest iu which he P. by |)lacing me in the position in which I now stand. but I can not or in the cro. and 1 remarked to (Japtain Glea8on. in favor of or three days. had not been to the house since the 2d of April. Mr. the fact that he went with John Surratt. Surratt's. 1 had spoken to him previously. I 1 am a tele- . May 19. his country would love him . "Captain. But the Judge Advocate is took that horseback ride. the New York Tribune. It is no matter how We can the man's mental processes worked. and in iiis re-examination went inio matter on various occasions.hle-runner at the house. and I mentioned to Gleason the very expressions Surratt had used. and about Mrs. that Mr.'" here the house tlin Mr».sassination of President Lincoln was contemiilated. and told him that. The Assistant Judge Advocate Binuh. — . and let us think of something that it could have been. and Surratt once made the remark to me that if he succeeded in his cotton speculation. I think. R. but all those ideas vanished upon nothing. on the I4th. Reeves. and I said. I am enabled to fix the not objected to by us. — May 18. But reside in Brooklyn. and that his name would go down green to posterity. runner. let us think it over. — that I permitted a block. date of Payne's last visit to the house. Aiken. My remark to Captain Gleason about the possibility of the capture of the President was merely a casual remark. I preferred the Government to Joiin Surratt. The next day aware that the witness did not tell all he after that I mentioned my suspicions to Capwished to know in the examination in chief. Captain. and have your suspicions aroused against them ? Assistant Judge Advocate Bivgham. Miss Witness I had been a companion of Fitzfiatrick. Y. him than lie was I was more of a friend to is . to my knowledge. It will be recollected yesterday a witness was asked what his impressions were.ss-examination.xe date. I Forrest was . as I thought Surratt would be brought to a sense of his duty. and Miss Dean to see "'Jane did Shore'' ])layed at the theater. when he staid throw no light on the subject. got a ten-dollar ticket. and given declarations. I think A. and now he 8»eein<^ in hesitated about it for three days. the morning after they rode. I asked liiin whether could he bearers of 1 remember dispatches or bioekatie-runiiers.vnc. It was the next day Gleason he forfeited his friendship to me that this horseback ride occurred. bearing dispatches: and we then thought of breaking open the Old Capitol we hit Prison." things blockadeI mentioned a variety of running. witness has already gone on and told all he can tell. Q. N.'x. and Surratt had to him in mentioning my suspicions to Mr. and that I was glad. J do not know what were his intentions. The Assistant Judge Advocate Bingham. because Payne has not been to the house since. to all appearances.

Our carriage passed the widow of John H. Payne came to the lor. On Friday. question. Aiken. Witness. Kirby?" •On Tuesday. Mr. Fhort time. George A. and Lloyd got out.?' She replied. Herold there. Q Did you learn any thing of her business 1 noticed at the time that W^ilkes was left out. When somewhere about Uniontown "Are you Mrs. She came into the par. Wood. 4 o'clock on the afternoon of the 14th. He stated that he with him. Kirby. Mrs. did you 1 resided at the hou. was in March. "The mother of John H. to be sent to raining a little.While we were there. Lloyd. raising tell a word that passed between them. May 22. we met Mrs. Surratt. Miss Surratt.] [pointing to the accused. It reads: three yards apart. "I am. Lloyd. This is the original dispatch H — Some Surratt. "1 am law. 541 Tell John to telegraph number and street conversation with Mrs. Surratt. Whether Mrs. my brother-in. and had come there to dig a Having occasion to go gutter at the request of Mrs Surratt. 1S65. I questioned him in regard to his Jay.] of Mrs. I saw John Assistant Judge Advocate Bingham obWilkes Booth and John H. Surratt came to the window. Lloyd will you step here a minute?" She came " Do you know this I paid out. when added. W. Mrs. and what business he had at the and had brought some oysters and fresh fish house that time of night. Wood. "is that you. and did you hire him to come and dig a gutter for you?" She answered." I tiicn said. and she gave me no packages. jected to the question. at the town." instead of John came in. went to For the Prosecution. Surratt gave me no charge Miss Hoxora Fitzpatrick. and absent for about a week. Lloyd and Mrs. through to the back part of the house. he had just returned. the 11th of April.se of Mrs.] and Miss Dean. on the night of the 17th of April. Tlie carriages were two or Washing'ion.] I do not know versation between Mr. 541 while we were there. 1 did not hear called him 1 do not know. to the theater I went to Baltimore. Lloyd got out. May 19. went up the steps. Statements Surratt. Emma Offutt. Lloyd. the prisoner at the bar. Mrs. Surratt there. Surratt's house. Esq. I I remember had a conversation with her before Mr. in order to impeach the credibility saw Mr. box we occupied. Q. it was misty ani St. ever hear any conversation there with referSurratt. 121 Cross-examined by that was When the two carriages passed at Unionhanded to me by John Wilkes Booth. he staid over night once. the carriage with Mr. conversing together in the back yard. Wilkes Booth.the door.se. Surhim by any other name. The reply said. Lloyd had been to Marlboro tiiat house. The day after this visit possession of Mr. and Miss Jenkins. Atzerodt ratt. she to the parlor door. During your visit to Mr. Mr. Surratt's twice. SURRATT. [pointing to already stated that she did not hear the conthe prisoner. there that day ? Assistant Judge Advocate Bingham ob. New York. Lloyd left it. and had driven round to the back was a laborer. and said. Lewis Payne. came with me. I went part of the yard.A photograph of Booth was exhibited to the witness. Mr. no attention at all to them. knowing that to be his name. house. Mr. Mr. in the absence of Mr. and was Street. May 17. Major H.] E. Mr. in March. MARY 'A telegraphic dispatch was handed to tho witness. Atzerodt was there but a The Commission sustained the objection. Nicholas Hotel. 1 suppose. For the Prosecution. Lloyd's about [Signed] J. and For the Prosecution. Surratt jr. Surratt?" She said. "Mrs. but think it was an upper 1 was in charge of the party that took John Wilkes Booth came into the box box. Booth's signing "J. I was in was that it was not Mr. and rang the bell of the Mrs. time — H — . Aiken claimed the right to ask the I only 1 never saw David E. were patch to me. Atzerodt. I saw Mrs. The witness had and of the prisoners. and Lloyd said nothing to me about his Street To Weichnian)i. " I come to arrest you and all in your hou.. out of the carriage at all after Mr. never looked I New York. Mary E. BOOTH.s.: TESTIMONY CONCERNING MRS. Miss When I Fitzpatrick. for I was some distance and take you for examination Augur's head-quarters. at once. attending court. Smith. and could not man.se. to General tiieir conversation. and I saw her and Mr. Lloyd's. Surratt. March 23. Mr. ence to " shooting-irons'?" During the month of Marcli last. the 14th. and to open She opened the door. Wood at Mrs. This is the gentleman who handed the dis. Surratt at ever was made as to the cause of the arrest. Surratt. in company with Mr. Surratt. once of the previous witness. arrested Mrs. Surratt." And I before we recognized that it was her. occupation. and Mr. last winter. and 1 asked. and I asked iier. Lloyd's hou. in reference to her business." No inquiry whatoff. not admissible. [Payne.jected to the question. only concerning her farm. Booth. Surratt arrived at Mr. I I do not know what Ford's Theater. Lloyd It was sent on the 23d.

I believe. an old gray coat. Said 1. Aiken. on one leg only." I coat. of the rebellion. He said he came to dig a gutcoat and black pantaloons. was standing in full view of Mrs. "Have am "Sometimes on I Street. know and me. when the prisoner. J my I belief i?y Mr.to go to work. Virginia. the sleeve of a shirt or As soon as he came in. how old he was. loons were rolled up over the tops of his boots. go iu the army. " You are riglit walk in. an<l on the oath of allegiance was. Surratt. 1 arrived clock. hanging over at the side. certain that this is the coat. and some other otticers. and within three paces of her. Surratt had sent for him. cartes-de-visite of the leadens the leg of a drawer. 1 asked him when he left "Some time ago. and superintend the seizing of papers. with a I asked him if he was from the South. By Mr. if 1 saw a gentleman dressed in I asked him where he was frotn. Virginia. A Surratt's house. when she denied knowing him. 1 had sent out for a carriage to take the women arrested in the house to head-quarters. he '. His pant<isleeve. Payne. "In the morning. The inmates were in the parlor. sleeve un his head. I there. and told him lie was ho suspicious a character that i should send him to Colonel Wells. He said she knew he was the one." I tliis For (he Prosecution. and came to him. and the arrest of the inmates of the there about half-past 11 house. — May 19. somein the hall at the time. him under arrest. sir. at General Augur's headPayne quarters. and found Major Smith. He pickaxe on his shoulder. Colonel Olcott gave me instructions to go to the house of Mrs. black pants. I asked him if he had any but it was diffi(!ult in the light in which 1 was previous acquaintance with Mrs.s. working around the neighborhood. He said. his "Lewis Payne." I think.122 lier riglit THE CONSPIRACY TRIAL. Said he. Surratt. " member it by its color and general look. C. about ready to leave. 1 asked [Exhibiting to tho witness a brown and white mixed him when. that was the coat. sometimes a dollar. black pantaloons. asked him where he last worked. The coat just shown me is He said. All that was find out what time he should go to work in wanting in the other coat was the buttons. That is the coat Payne wore. 1 should judge. [Submitting to tho witness a dark-gray cout. and in the night-time. and rather a fine pair lie had on his head a gray shirtof boot. did not hire him to dig a gutter for Payne said notliing. and have never seen him. to the best of the night of the 17th of April.vas a poor man. He said. [pointing to Lewis Payne. "About twenty. the morning. He said. guess I am mistaken. acting under the orders of Colonel Olcott. when 1 heard a knock and a ring at the door. I was in the service of the War l>epartment.said he was. At the same time Captain Wermerskirch and myself stepped forward and opened the door.s. I asked him He eame person. on the evening of the 17th of April. "No. special commissioner of that department. pre. Dostick." Then I asked him why she selected him. 1 should recognize him as the what he lell think he said. He said he had no boarding-house. dressed in a gray coat. were 1 very familiar with his February. Mrs. and He-examined by the Judge Advocate. Payne was dressed that night in a gray coat. representing he was from Fauquier County. Said 1. you want to see?' "Mrs. for further examination. I rec.] 1 asked him a poor man. 541 II Street. About twenty minutes past 1 1 o'clock. "I I have seen photographs of 1 immediately shut the door. standing to tell. hand." 1 countenance. but only since this trial." pantaloons ." 1 asked him whore he boarded. I repick-axe while talking to him. FaU((iiier County. Aikex. who had been there about ten minutes. who got his living with the pick.'^enting him." said he. On "Whom . MoRGAX. variety of photographs were found in a Shotograph-album and in various parts of [rs. liim. with a white necdxcloth. Surratt. 1 tlien placed R. and a hat made out advertised by newspaper dealers and keepers of.] ' The coat now shown me is the one worn 1 think that. or gray vest.] came in with a pickaxe over his shoulder.-^tufled into his boots. I have known some loyal people who liave had in their possession photographs of the I can not say that leaders of the rebellion. I do not nmn.allegiance. He said black. and was IThc gray coat was offered in evidence. 1 put my hand on the How you any money?" "Not a cent. Captain Wermerskirch. Surratt." lie tottk a seat. "Before God. I asked him what he came there at this time Payne was dressed at the time in a gray of night for. and said he would have to he preferred earning his . and two months Previous to this he pulled out an oath of afterward met the same person. 1 asked him why he came at this time of ni^ht by Payne on the night of his arrest." do Booth. As much do you make a day?" "Sometimes near as I could judge by the light that was nothing at all. times a dollar and a half" Said I. of photograph. I have seen on exhibition at bookstores. ter. He said he simply callea to ognize it by the buttons. he replied.«elfasa liaptinl preacher. Cross-examined hy Mr. in the month of Hclf as a laborer. for. with a shirt.

is That way he had [The coat and shirt-sleeve were put in evidence. Aiken. in Baltimore. Surratt whether she knew him. . was e. Surratt] is the woman of whom J speak. until I had these. showed me a photograph of J..] have — — . one of Alexander H. and I never have seen photographs of Booth in the hands had photographs of Jefterson Davis and of persons. Virginia the Slighty. Surratt made the asseveration with regard to Payne. [The prisoner. [An envelope containing two photograplis of General Beauregard. Surratt. prepared to leave. I was standing in the the door. found at Mrs. He was then taken in the back room of the lower floor. came in. and u and two Confederate flags emblazoned thereon. The prisoner at the bar [pointing ing. standing in the door-way. etc. He said. my hand. and some percussion-caps. can not tell. SURRATT. or the lower part of a pair of drawers." I asked him and Mrs. When Payne knocked inscription " Thus will it ever be with tyrants. pants that seemed to be black."] I found Surratt all these at the house of Mrs.vne. but only in the hands of those other prominent leaders of the rebellion in an interest in having liim arrested. Stephens. The carriage had returned then that had taken and found a number of photographs. in black clothes.think. representing himself as a Baptist minister. He said lie could manage Mary E. lithograpliic ones I Major Smith and Captain Wermerskirch. 123 iving by the pickaxe. I have never seen that man three albums containing photographs. Stephens. besides before. Wilkes Booth. Major Smith asked Mrs. and I ordered Thomas Sam. She knelt down. was then dressed in a dark-gray coat. and in the two rooms up stairs. pictures of Jefterson Davis. Surratt [pointing to the prisoner. seemingly a shirt-sleeve.] full of mud. and that is the the head-dress on. that made that he had found beliind a picture. the Provost Marshal's office and explain. I then proceeded. with the shirt-sleeve for a head-dress. I He was I do not recollect having seen photographs of J. but did not answer.sellers. and re. I asked him if he to Lewis Payne] is the man of whom I speak. moved at that. I have not seen people with photohim before the assassination. and was present when the prisoner. nearly. The photographs were found all over the and Mrs. andacardwiththe arms of the Stnte of Virginia Advocate. Surratt and shawls ot the rcvst of the persons in the that the carriage was ready to take her to the house. and the only at the house of Mrs. The son and Mr. liens. which. and Lieutenant Dempsey. up to his knees. or all in the parlor. May 19. with a white neckerchief. and I Cross-examined by Mr. Clamimtt. to write his name. who took remember seeing a photograph I do not of Surratt's. representing Morntliat effect. "No. with I believe. M. Mrs. in the presence of Payne. Mrs.] saw a photograph of General McClellan there. and coat. the coat he wore. graphic cartes-de-visite. could read. difference was in the clothes. Aiken. in the back parlor. and Alexander H. Payne was dressed in a dark Beauregard. was then offered in evidence.a buliet-mold. [\ pick»\o Wiis here cvliibiteil to the witness. was Mrs. I also When Mrs. and >(igbt. if he could write. about miinight. He I made a search of Mrs Surratt's liouse. pains to disguise himself. very near tlie front parlor. for lie had taken no particular For the Prosecution. graphs of these men since the rebellion. know any thing about him. up and searched. and said. think 1 would recognize him in the garb Payne wore. papers. his face looked On the night of the 17th of April I was just the same as it does now. Alexander H. about six or seven inches. held up one or both her hand. Rosch to take him up to the bullet-mold and percussion-caps were found Provost Marshal's office. I Captain W. but it is as near the color and shape of that coat as can be." or words to [A small framedcolored lithocrraph. on his head. MARY E.TESTIMONY CONCERNING MRS.] [It That is the pickaxe he had on his shoulder.TefFerson Davis. Sic Semper Ti/rannis. she requested a with each other The next morning I went down to the house minute or so to kneel down and pray. By Mr. she was Surratt and the inmates of the house were in the parlor very near the hall-door. but got up in the same shape as photomained there until 3 o'clock in the morning. one of Jefferson Davis. I found cartes-de-visite. of Jefferson Davis. Lewis Pa. at hall. I would not positively swear to the coat. I have not hired him I do not loose pictures. Surratt had been directed to get the bonnets When Major Smith informed Mrs. I then told him he would have to go up to Cross-examined by Mr. Wermekskirch. Wilkes Booth at book-stores before the assassination of the President. the officer in charge.xhibited to tb« witness.] Alexander H.s. Nuon. in this city. Surratt. by direction of the Judge 8te. There were ' Before God. Payne. exhibited for sale. in book. hanging down lie turned over to the Provost Marshal. which a very closely-fitting head-dress. house in the front parlor. so that they could not communicate Provost Marshal's office. If I had seen a person dressed genteelly though they might have had them before. seen.StepiiensandBeauregard. stores. whether slie prayed or not I and found cartes-de-visite of . oft" the women. Surratt's room. to search through the house for papers.

that is your business. i showed the photograph to an otticer in the house. "O. ! "The.] partic- DEFENSE OF MRS. and Night. was as much as he could do to carry himas his leg was broken. spiracy.] — June 3. tlie lower Hoor. and let these fellows get out of it. " and By Mr. opened the back and found the likene. in J.. Surratt. and had been suspended by a string For — May 25. lie then up into the room and hunted about. that two men would call for plied. We did not find it where Lloyd told inc When Lloyd made these statements it wa. not mine. "Who would murder you?" He re. . was perfectly satisfied he knew about it. Ilerold took one. " I have murdered the President. Surratt spoke about the fire-arms between 4 and 5 o'clock on the day of the tied string two men did call. I have fixed off' Seward. she Post-office. [Exhibiting to the witacsii the picture Murn. Wilkes Booth. I believe. At the last interview 1 had with him.ssassination. E. "0. " J. '' if you are afraid of being murdered. and told him to go up and gel those fire-arm. i assassination. had a heavy load on his mind. It was at last found behind the n confession.s.s. and was engaged in making arrests on his way to Washington. Lloyd denied knowing any thing be shot about the assassination. Aiken. and others— exposed for sale at dilferent places I was a prisoner for thirteen months. 1 left ittliere. that vile woman.s picture in itrs. he cried bitterly. Lloyd said that a brother of Mrs. and then turned it over to ColoTiel I may have seen photographs of Davis. my God. Wilkes Booth. the Prosecution. I told him that I I asked Lloyd where Booth's carbine was. atid that [ . ami threw his hands over his wife's neck. with the woni "Booth" pencil. they would murder me!" I plastering of the wall. in. Surratt's. Surrattsville. MARY George Cottixgham. Joshua A. known. Mrs. because I did not thini< any thing of it This picture was all that was visible. he was placed in my charge at Roby's <mt. he stated. He commenced crying and hallooing Lloyd. The carbine was in asked. and the carbine had fallen down. if I was to make not find it. in the saw buck room of Lieutenant John W." " round the muzzle of the carbine. Off"utt were in the room." found on the mantel-piece in the by noticing a piece torn olf the back. floor of Mrs. the Defense." lie seemed to be very much excited. For Night. and heard all the conver* sation. Surratt kept some bags. aide view. the had broken.se parties that are in this con" Well. Noon.> o'clock." The pencil words. Surratt had come down to his place on Friday between 4 and . but I have not seen them in the loyal states. and my curiosity was excited in the back room or* the first This is back of the which was back room Wilkes Booth. and Booth's carbine was carried out to him Lut Booth said he could not carry his. SURRATT. Surratt's house. Aiken. when he came to the house to go to Washington. I went sooner he got rid of it the better." He I am special officer on Major O'Beirne's told me this when he came from Bryantown. that she told him to have the lire-arms ready." 124 I THE CONSPIRACY TRIAL. and r.a bag. and he told me it was up stairs in a little room. Surratt's room. and during that time I saw a good many of the leatiers of the rebellion. force. was ex- I found til is the photograph I found at the picture " Morn. itj at \'l them o'cilock. Then Booth told Lloyd. Noon. written in pencil on the back of it. to me no one was present but Mr. Lloyd's wife and Mrs. Dempset. The back part was all sealed. but could said to me. and liallooed for his prayer-book. I believe. Ilerold said. Haid I. were brought down. After the arrest of cavalry I was in the house when he came John M.ss of as Mrs. ularly actors — Forrest. newspapers —the Sunday newspapers [The picture and photograph were put in evidence. The fire-arms. with a squad of after the a. both personally and in pictures. — May have seen some of eminent Macready. Llovfl stated to me that Mrs. and that the where Mrs. Surratt's lioiise." I wrote when I found it. " Booth. self. Ingraham. thi. For two days after has ruined me! 1 am to be shot! I am to his arrest Mr.\ Jiecalled for the Prosecution. except as I have mentioned. 4 photograph of J.. . standing on the mantel-piece. and other leaders of the rebellion in Cross-examined by Mr. hibited to the witness. LeC. It was marked. ' . Lloyd by my partner. that Heruld ilisniounted from his horse. Jenkins. went into Lloyd's tavern. and I 19. Mrs. 1 of the first floor.

and when on my oath I speak the truth. Aiken. Surratt that she would . SURRATT. Undoubtedly I told you a lie there. I do not deny that. "Yes. that at the time Mrs. Shortly afterward Mr. "I decline giving you that confession. Lloyd When I saw Mrs. come down there and told him to have the I had an obfire-arms ready. Surratt? A. and had taken considerable laudanum. We walked along. You asked me first whether Lloyd had made a confession to me. Q. As my witness. but told him he might ask any questions. Lloyd talking together at the buggy in the yard. I am an officer. said any thing at all in reference to Mrs. when you asked me. Aiken. and I think from that tliat he must have gone into the parlor. the first question Mr. Aiken to mention it to the Court. 1 told you the same thing over again in the witness-room. told By Mr. "Lloyd has made a confession to you. and ready now to swear to it. now what I stated to him. He wanted to pick facts out of me in the case. on^iis way to Washington. " Yes. came in. Lloyd go into the parlor. I said I was not. Q." He asked me to sit down on a I said no. that you a lie? me He asked me to take a drink. sofa and have some conversation. Lloyd came in. had no right to do so. ject in that answer. and she now wishes to correct her testimony in an important particular. had I his confession to you? Q. ment to him (Mr. Surratt and Mr. Mr. Surratt had help him In a few minutes he got up and said he was too sick. more so than my I life.not a right to have the truth from you? A." That question you put to me. Q. and I did not want to let him I si. tion of the question. but he went into the bar-room after that. A. but I did not see Mrs. and I said." I Said you. state the precise language that Lloyd used with reference to Mrs." I wish to state to the Court Mr. Aiken stated that he proposed to follow it up by asking the and I state here that 1 did lie to you but witness if he had not made a different state. I obtained the confession from Lloyd through strategy. Recalled for the Defense. "That vile woman. she has ruined me. and Mrs. thought you had no business to ask me.when put on my oath I will tell the truth. Mr. Lloyd's wife. but I did not see her give it to him. it might have been taken by Mrs. Lloyd. That Mr. "What is that confession? should like to know it. I said "No. and said she was requested to leave it there. I was there all tRe time. He had a package in his hand. He then said. I told hun distinctly that I would not give him that confession that I . liquor. I did say so. " I ask the witness Mrs. I By Mr. and he said. she had been suffering severely from sickness." My answer to you was. I did not hear his full confession to Capbut I heard some remarks tain Cottingham . and take off his coat. and I said "No. Offutt gave her testimony before. I wanted to come here to the Court and state every thing that I knew. "Will you not state that confession to me?" I declined to do it. Surratt. and I did not hear him say. if Lloyd had stated that Mrs. Q. Aiken. but I saw him on the piazza. Emma Offutt. E. No business! The Judge Advocate objected to the repeti. That was about half-past 5 o'clock. the evening of the 14th of April. If I have been correctly informed. I did not see Mr. and can have witnesses to prove what I say cavalrymen. and I requested Mr. 125 — May 25." Said I. Witness. I was asked by the Judge Advocate if Mrs. Then what did you tell me this afternoon with reference to it? A. Did 1 ask you if Mr. I was in and out all the time. but I would go outside and take a walk When we went outside. Aiken at the Metropolitan Hotel on Saturday evening last. Aiken) in reference to what Lloyd had said. Lloyd did not say so? A." Q. Surratt handed me a package. in his confession." but she did hand me a package. I said not. For tlie last four or five months I have noticed his drinking had to freely. Witness. I told you you might call me into court. and I answered.x know any thing either way. I learned from Mrs. was handed to me. Her mind was considerably confused at the time. and it has been on my mind ever since. but that is not my business." June 13. I went up and drank with him. whether I think. MARY Recalled for the Defense." He then said. Aiken put to me was. and would go into the dining-room. After the package Surratt give it to him. Surratt in for I you . It is a part of my business (I am a detective officer) to gain my object. After I left here the other day. Utt'utt. referring to Mrs. He put the question to me. I will answer you. — On Lloyd was very much in I have ever seen him in on his lying down. "I am going to have you as a witness in this case. before I came up on the stand. but if you will ask a question. I am now on my oath. Surratt and handed to Lloyd. he made on the Sunday night when he was brought up from Bryantown. and beAfter that I saw fore Mr. I insisted was a Catholic. and I would answer them. I met Mr. the package lying on the sofa in the parlor. Mr. she came here very unwell. not look well for me to be sitting it would there.— DEFENSE OF MRS. I thought of my reply to a question that was asked me. Will yoii are Then you gave me to understand.

Gwynn late hiisltand. [A letter was handed to the witness. This is the letter I carried to Mr. went tliere to her. scarcely see. t>URUATTg7ILLE.John Surratt. estate.. with the willingness of Mr. I reside in — — M. please inform me. MD. lower portion of the county. Notliey to settle you. Surratt. and am acquainted have this day received a letter from Sir I On with the prisoner. Aiken. came down to see her mother. Mr.vN. » • • — fast. II. at scr)t me word that she wanted me to come to your earliest convenience. April 14.. Calvert will give you a deed. as ton. purchased seventy-five acres of land it is imperative. is been drinking right smartly. Surwas read and B.and did not see him afterward. in urging the settlement of the claim of I reside about fifteen miles from Washingmy late fathers estate. On Friday.President. Vou will. 186S. sen. Recalled for the Defense. the 14th of . Lloyd . Gwv. For the past two or three months I have been tending bar at Mr. May 26. Administratrix of J. in t' reside in Prince George's County. and which 1 read to him on the I4th of April By Mr. [A letter was handed to the witneM. 1865. She gave Since . and said. On the I4tii of April I saw Mr. ratt!" that youf and then she added.vu M. but th^last was on the I2th of April. therefore. iitiitiiig tliiit he would Buspt'nd turther exaniiuation of the wituebs till it could be produced. Some years I must insist upon closing up this matter.\pril. Surratt. the day of the murder of the day. — May 30. iSurratt was coming toward the door. Surratt Mr. ofTcred in eTidonce. day and when he returned.me a letter for Mr. .l JOSKIMI T. and desire to call your attention to the By Mr. Mrs. in Prince George's County. For the Defense. on the 12th of April. as to liow and Surrattsville to settle for this piece of land. from her. Calvert. near the morning. Nothey from Mrs. Aiken called upon the (Jovernmont to produce tlic waiting for the last two years. I Marlboro. she late husband 1 was privy to the transaction. intimating that either you or the i'ith of April last I addressed a business your friend have represented to him that I 1 addressed more than one to letter to her. and asked in. if letter. May 26. did not see her that day. who was lying About half-past 4 on that day. Calvert. Surratt. I have been acquainted with had been to Marlboro on that Mrs. acted some business for her relative to th«j and never lieard any disloyal expressions sale of lands her husband had sold to Mr. fact.j : 120 THE CONSPIRACY TRIAL. I ascertained of For the Defense. brought me a letter from Mr. as I was pa. on By Mr. RivF. F. I never lieard froni lier to read it to liim.Mr. Aiken. M. am not willing to settle with you for the land. and 1 6aw buHiness tran^<acted wliile some one hailed me. when you will be able to pay the balance I owed her a part of the money on it. wanted to see me in the tavern.\dam During a late visit to the John Nothey. NoTT. Surrait's sight is defect.-^ville. He had When she said. E. Surratt seven or eight years.] Gborgb For II. which I did. and said Mrs. — May 25.January last I have met Mrs. Surrait's ive. and have been [Mr. Surratt she was tliere. Lloyd s tavern at Surratt. Calvert. and again at Surrattsville. By Mr. Surrati: De. the 14th. and By Mr. CALVERT. Otfiitt. Lloyd on the road from Mrs. and now. John Nothey: Bladensburg. On one occasion. Mr. April 12. — May 25. — — That ratt is the letter I addressed to Mrs. I have transa word concerning any plot or conspiracy. E.s. [The letter For the Defense.-» J . she told me that her eyes were failing very . Sur. He sundown. I will settle with Mr. However unpleasant. yours respectfully. You know that 1 am ready. "I can ItccalUd for the Defense. II. but 1 I am. about five miles from Surrattsville. receiving pavment. Siir. On being told by a servant that parted with Mr. Mary E." 1 led her into the parlor. By I Mil. I very sick. SURRATT. in an early settlement of the ago I Mrs. Aiken. Nothey. Mrs.-sing in my buggy. Aikex. dear madam. not have come down to Surraltsville that On Fridaj. ceived. her. which is necessary. GEO. Nothey and I have personal knowledge oJ 1 know that Mrs. I remaining due on the land purchased by your met her there on Tuesday in regard to it. ' Why. you do not come within the next ten days. . and bring suit May 26. the Defense. Mr. Mrs. Aiken. Nothey buying land from Mrs. last December. luui il not been for llie Iciti-r she re. "0. Jr.nsnALr. Aiken. against you immediately.vatt Heveral tinu-a. Mrs. he brought some fish and oy. Surratt from Mr.

dent. Z. and was on the point of going wlien Lloyd drove up. He was stopping thert By Mr. at other times she did not. and I might liave said. Assistant Jcdge Advocate Burnett. I have seen a man by the name of A. These horses were carefully kept and fed by her. and Captain Bennett Gwynn of the bar-room. I have known her frequently to give milk. 1 believe twice. Indeed. For some weeks past Mr. Cottingham went up for J. At that meeting did she not state to saw Mrs. Surratt's family. or that I first saw Mr. done or any thing against tiie Government. to my knowledge. to my knowledge. I know that Mrs. and such refreshments as she liad in her house. also two judgments that Mr. as other travelers do. Mrs. Lloyd's on the 14th. positively that he said by whom. that he was undoubtedly in New York by that time. Mrs. I know Mr. breathed a word that was disloyal toward the Government. Mr. and she was ready to start some time before he came. 127 which he carried round to the kitchen Cross-examined by Assistant Judge Advocath Bingham. Surratt was one of the murderers. Lloyd every day. I think if I had said 80 to Mr. Surratt. For the Defense. and after Lloyd tiie kitchen. the back yard. "John knows all about this matter. that vile woman. Maryland. Jenkins. Lloyd was very much intoxicated at the time. Lloyd. i?i E. Calvert obtained in the Circuit Court of our county against Mr. Surratt was. Surratt. was gone Mr. I rejoiced at do not think to any Church for seven years. —June Howell stopping. Aiken. She received a receipt for giving them up. during this struggle. I may or may not have said so. Lloyd told Cottingham that 1 was at the stable. By Mr. and lasted about five At times he had the appearance of an insane minutes. I Clampitt. By Mr.DEFENSE OF MRS. ror do I remember telling him not to mention any thing al>out the conversation I had had with him.MPiTT. I should remember it. I saw him at the buggy Oftutt were there.\. By Mr. out F. I recollect when a large number of horses escaped from Giesboro. Lloyd that evening after Mrs. S. but I will not say By Mr. Edward Smoot to remember saying when Louis J. assisting in fixing that he was innocently persuaded into this He was pretty tight that evening. Lloyd told Cottingham in which Mrs. Surratt showed me a letter from George Calvert. I do not him. was present in the back room of Mr. I do not recollect seeing Mr. I have never taken sides with the secession element there.enbach. to Union troops when they were passing. Smoot. came into the house. and when he came in sight she went back and staid. and afterward all were given up. at 13. Surratt has been of an intimate character. jRccdlled for cross-examination. Surratt drove up to the house. Weichman and Mrs. MARY ters. Surratt. at the time of his arrest. I saw him going round drove up in front there." but 1 do not recollect it. Smoot. I was at Mr. nor of any such conversation with him. and coming the carbine was hid upstairs. Surratt's eyesight is defective. but never got any pay. too. and I made out the interest on those judgments for lier. at Surrattsville. tea. Lloyd. Surratt's hotel. she has ruined me. I belong to the Catholic Cliurch when I belong I have not belonged to any Church at all. it matter by Mrs. . Cr. and I have no recollection whatever of saying that six months ago I could have told all about this matter. he was pretty tight. sen. but I do not. and night. I may have seen Mr.. I did not days before the assassination of the Presihear Lloyd say to Captain Cottingham. nearly The conversation began directly Mr." Q. I reside in Prince George's County. nor said any thing against the officers of tlie Government or the said Executive. Surratt. a few town. after the murder of the President. I believe he said. Aiken. and Mrs. Sometimes she received pay for it. Bij I —June 2. " Mrs. She has never. By I the Court. many of them were taken up and put on her premises. Lloyd liad been drinking a good deal. Weichmann was there. Her business was with Captain Gwynn.s. or the Union party in Maryland. to my knowledge. on his stating that John H. She expressed no wish to see John M. Lloyd. the success of the rebels at the first battle of Bull Run. or Mr. nor liave I ever heard her make any remark showing her to have knowledge of any plan or conspiracy to capture or assassinate the President or any member of the Government. Mr. For the Defense. — May 30. My intercoiirse with Mrs. the loth of April last. She said this letter brought her there. it. Smoot on Saturday. Andrew Kali. Aiken. man from drink. Lloyd's house when he came from BryanI Mrs. Surratt's name was mentioned in the l)i8 return from Marlboro. have never. SURRATT. but I have no recollection of it. driving round to conversation.

MP1TT waived the question. The commissioners of our county ofalty was by bringing witnesses who knew her reputation in that respect. I was arrested by the Government about ten J. When I said tiiat Mr. and never. Surratt going to Richmond Maryland. Mr. Kallenbach and election. J . that I would send him to Union neighbors raised. the new constitution. doubleMrs. that I twenty or thirty men with muskets. which Mr. account of her bringing his children up. understood he was a strong witness against barreled guns. was that my sister had fed his In 1861.<tant that the Mrs. one way or another. timents.Re-examined by Mb. I was there one night and a day. I have spent complaint about that When the Stale de$3. CLA. and voted that day. Mary induced any soldiers to go into their army. by act or word. Ai the election was at Lloyd's. I think that during the war my attitude fered fronj the war in the loss of my negroes. Kallenbach ought Cross-examined by Assistant Judge Advocate to be a strong witness against my sister. Washington. 1 think. Ci.' 128 you. About 10 or 11 o'clock the night June 7. Walter Edelin. Aikes. Surratt. when I had n't it to spare and He said nothing to me my family needed it.\MPiTT stated that the object of the have never fed any of their soldiers. and I would not see the State's Attorney and see 1 never heard her express any disloyal senwhether he could get it or not. anil jected to tlie question as incompetent and never has the scrawl of a pen gone from irrelevant.000 for any information that could be given. clared her new constitution.Judge Advocate Bctrnett ob. leading to the arrest of any party bringing in her own declarations. There came a report hell. then. Surratt. on Bingham. Jenkins. I was willing for and during the struggle I have taken no part them to go. I Mrs. By Mr. I was not allowed to perhaps from ten to fifteen others. Surratts reputation for loyalty was Cottingham claimed on account of having arrested John M. Gwynn left the house before my life.000 in my district to hold it in the Union. Assi. during vote. me across to them. to my recollection. and so also was Mr. Surratt the enemies of my country. Cot. 1 saw Mr. mile and a half this side of her place.enough to lose his vote. Mrs. Weichmann also was in the was for Harris.have I aided or abettetl the rebellion. nor question was to show that the accused. — . I think. which he ought to be. nor did I use any threats against him down by the secesh sympathizers. Surratt is my sister. Surratt speaking to Mr. among them. I disremember calling him a liar during the At the time of the election. During the revolution. I remember bringing Richard with the full knowledge and consent of his Warner from the Navy Yard. Surratt. lie had not been away long mother. THE CONSPIRACY TRIAL. feeling. I or excited conversation. before. or whatever they had. Recalled for the Defense. I went in case he appeared as a witness against round the neighborhood and collected some What I did say was. Gwynn The last time I voted for member of Congress in the parlor. and not by fered $2. and for Congress. I got a United States flag from that if Kallenbach or any one else testified Washington. 1 was there from between the time they were voting on the adoption of 2 and 3 o'clock until a little after sundown. connected with the assassination.nor aided and assisted them in any way. when Mrs. which I and several of our against my sister. but I did not say Run fight. Z. I saw Mr. toward the Government has been perfectly but I never. sination. when you asked for the news. that I remember. and if there was any angry all Democrats round there except myself. nor from them to me. when they were conversation. On the 14th of April. I Mr. I have sufMrs. Assistant . I live about a spoke ironically. and another by tiie name of Cottingham. made any! loyal. I was arrested on the morning of the I took the oath of allegiance at that time. for the first time in parlor.. uriiiy liail Judge Advocate Burnett stated I am under arrest. seeing that we lay all night round the flag to keep it up. or see that they were put out of the shortly after that it was going to be taken way. and my sister. in 1862. tliat our against the Government I have been enraptured General Lee's army and tirely on the side of the Government during taken Hiclmiond? the whole war. E. I voted the Democratic ticket I have been an old-line Whig. All that I said on that occasion. Lloyd. a few days before the assas. had. and he asked me if very good. to get Union voters into it any how. about John H. with tingham. Aiken. Gwynn there. she had raised his family of children. I met a man by the name of Kallenbach. our conversation. I did not mean used money. days ago. exhibited in her expressions a loyal . about the time of the first Bull family (Kallenbach's). I have never had any intercourse. but I do not know what way to prove her ciiaracter for loyfor. I never heard it questioned. Lloyd was there and heard to the polls.

was at Aiken. about a month before the riots in Baltimore. Have you never desired the success of the rebellion ? A. Md. 1 met John M. we drank from the same bottle. recall you can them. A flag was raised. I may possibly have done so. but I do notthen took was as think I the most. Q. Q. County. Lloyd at Marlboro on the 14th of April last. Prince George's County. have you not an im- pression that at some time or other you preferred that the rebellion should succeed? A. A Union flag was erected within one that hundred yards of where I boarded. SURRATT. — Jxtne 13. know what took place in the mean time. were coming to cut it down. and I did not see him deviate from buggy. who lived at the Navy Yard. Lincoln was killed. before I met Lloyd. And in my feelings— as strictly neutral. Jenkins. and I do not of guarding the flag. Q. nor do I think I am altogether Lloyd was excited in his conversation and mistaken as to who was drunk that day. during the rebellio'n ? A. — drove along pretty brisk. the news was spread. and there Cross-examined by Assistant Judge Advocate was a rumor that it was to be cut down. I suppose so. When you examine your feelings closely. Q. By Mr. I went into remained there all night for the purpose and the bar-room to get a drink. For the Defense. formerly. — June 2. A little while after. Mr. sir I never expressed . when Lloyd went round the house. I Jenkins. I think I was about as strictly neutral as if anybody Q. You think you \/ere perfectly indifferent whether the Government succeeded or failed. Have you always desired that the Government should succeed in putting down the rebellion ? A. . Jenkins. at the beginning of the rebellion. I waa. Q. James Lusbt. but he kept the road did not see him take the fish out of his straight. in Prince George's A. I deportment generally. before he did. that a party from the Southern States. I am personally acquainted with J. I think I exercised a neutral feeling very neai'ly. I do not know which drank with Lloyd. and rode back with him part of the way toward his home. miles from any desire about ten Washing- for its success. the have known him for ten years. I thought he could take see him go out. Cross-examined by the Judge Advocate. John Murphy. as I understood. I reside in By Mr. but I have not been in his ton. Aiken. I regarded him. Lloyd and I returned from Marlboro to Surrattsville together. By Mr. A. perhaps. MARY EicHARD Sweeney. I can not say but what my feelings were neutral in the matter. tight as he. I Clampitt. 129 —June 12. Surratt just as she was about to start to go home. company of late. He was considerably under the influence of liquor. You were neutral in your conduct? A. Z. Surratt. Are you quite sure they were neutral? It is very difficult to be neutral in such a war as this has been. I was on horseback.1 9 . I know.About six months ago . I have never heard a disloyal sentiment from Mr. was among the number who staid with us that night. Z. boro to Surrattsville about two and a half Have you been entirely loyal yourself hours' drive. drove to the front gate. am acquainted with J. that I know of Q. and Bingham. Md. nor do I know of any overt acton his part that might be construed into disloyalty. At the outset of these difficulties he was a zealous Union man. Piles. For 'he Defense. Jenkins was one of the men who took a gun When I got out of my wagon. No. He was very drunk on that occasion I got there about a minute and a half. and he went round to the front door. else. I believe. by Mr. or from the lower counties of Maryland. E. and he drank on the road. V. It is twelve miles from Marlcare of himself.DEFENSE OF MRS. and think so. who armed themselves to protect the flag. and she leil in fifteen or twenty minutes after . About twenty men were raised in our neighborhood. By Mr. as anybody else. I drove to the bar-room door. I think. I am quite sure Lloj'd was drunk. I have never done any thing inimical to the interests of the Government. and have known him ever since I was a little boy. I live Aiken. Jenkins. I did not where we parted. For the Defense. Her buggy was standing there at the gate. the day that Mr. sent down. 1 had been Lloyd returned from Marlboro to Surquite smart in liquor in the course of the day rattsville in his buggy. I Marlboro on Good-Friday. and Mr. I thought that he and I were two of the most loyal men there. I saw Mrs. He did not drive into the yard he It was six miles to Surrattsville from it. Washington. brother of Mrs. and can speak confidently of his reputation as a loyal man. when we drove up. as one of the most loyal men in that part of the country. . We J. the butcher. and drinks We both drank.

in a civil war like this. and asked ma They were to allow him to stay there all sitting in the parlor. Jenkins is now under arrest at the Old Capitol Prison. —June 5. —June therefore disloyal ? 7. and that. and have since been confined at Carroll Prison. and Cross-examined by the Judge Advocate. Aiken. Blandford. Wood. and Lave regarded him as loyal to the Government of the United States. Mr. ma said she did not care about having strangere there. was generally understood by those acting with the administration. Maryland. I thought then he was as loj'al as any man in the county. Mr. Weichman engaged the room for him. he gathered a band of from twenty to fifty Union men. and was in with these other parties. and has always acted with the For the Defense. J. Jenkins was counted as one of the most reliable Union men in that district. The people down there. to return to MaryWhether lie regarded nie disloyal. but he very bitter on the administration on acnegroes. Aiken. when certain rebel sympathizers threatened to haul it down. who. Prince George's County. but at the last election he voted for Harris. Jenkins. Z. Burnett. regarded us both it I do not know of my own knowledge. to the Democracy. Mr. p. rumor says he is not quite so good a Union man as he was in the beginning. The last time Atzerodt was there.— May 30. I have always considered myself loyal. to keep the State of Maryland in the Union. In 1862 and 1863. Aiken. he was generally avoided by those who were not thoroughly in favor of the administration. and I did not like that stiite of affairs. Jenkins. but I have heard him express himself very positively the other way. and I know that up to 1862 he labored himself. when he had left the State of Maryland.land to vote the Union ticket too. and presently . Sdrratt. acted with the administration. and Dr. and stood by it all night to protect it. and hence had not that political confidence in VVm.130 hail THE CONSPIRACY TRIAL. the prisoner at the bar. and I am have been intimately acquainted with him for five years. J. I never heard him express any desire for the success of the South. are now dissatisfied with it on account of its action on the subject of slavery. I live at Cross-examined by Assistant Judge Advocate Burnett. I am acquainted with J. H. Jenkins procured a United States flag and hoisted it in his county. —June 7. but Cross-examined by Assistant Judge Advocate Since 1862 I have not heard any direct expression of opinion from him but since his negroes liave been taken from him. For the Defense. I never heard him express any disloyal sentiments. Do you not regard such bitter hostility Government to the Government. he is a Miss Anna E. have been all the time on the side of the Q. By Mr. and night made Weichman several signs over to each other. and have always considered him a loyal man. I know J. Jenkins since 1861. but I do not know is For the Defense. Tee Bee. and spent his means freely. and asked for that man Weichman. said eelt' pome conversation with him. By Mr. and have had very little to do with him. Z. at our house in Washington City. Democrat. I never heard him utter any sentiment-s against the Government of the United States. and urged his friends to labor. count of the By Mr. and regarded him as such. I understood that he came to this city to obtain voters who I was arrested on the 17th of April. except on account of former friendship in past times. I believe Mr. and he then left the room. Thompson. not lost their residence. the success of the Southern rebellion. Outside of this. and treated him as a friend. I know. but who had lie was as good a loyal man as P was. He calleil very often. I do not know that I am a competent judge of loyalty. that aAer the first battle of Bull Kun. I have known J. Lately I have not corvsidered him sound on the subject. as in the interest of the public enemy. or loyal. I do not think he remained over night but once. and at the beginning of the war. and there is scarcely a single friend of the administration in that county now. Z. Jenkins. C. For the Defense. Democratic party. A. In 1860 and 1861. in the early part of the war. and I think that such has I have never desired what for. Mr. I whether he can not say. I know Andrew Kallenbach. and him. eral rumor. He was given to understand that he was not wanted at the house. That is the gen. been my reputation. I have met Atzerodt. Clampitt at present Superintendent of the Old Capitol Prison. Jenkins to be a loyal man. supported the opposition candidates him that I had previously. I believe him to be a truly loyal man. By Mr.

we saw some photographs of Mr. Booth only staid a very few minutes. I have no objections. in 1861. and left very early the next morning. on any occasion.] her about getting spectacles. I will stay here to-night. he came one night lion. ma said.-. nor did I ever hear discussed. but he was not a student of divinity. When my year my father died. E. [To witness. He may have been on friendly terms with J. the 14th. three scholastic years. at home. but I did. Bootii there. and General Joe My death. in August. Weichman. Beauregard. She 1ms not been able to read or sew by gaslight fA picture.. if I the 16th of July. heard a word breathed at my mother's house of any plot or conspiracy to assassinate the President of the United States. it was given was too young-looking to wear spectacles to me by that man Wfeichman. she would sit up and wait for him the same as for my brother. and not give the statements of the parties. and I recognized him as the one who had the parlor. we bought My brother left college in 1861 or 1862. or Mr. Maryland. and I think her carriage was at the door at the time M. he said." Mr. and the counsel ought not to ask for such statements. Booth called to see him sometimes. any plan or conspiracy to capture the President of the United States. he told me to tear them Bryantown from 1854 until 1861. Some weeks afterward. or your mother. Samuel Mudd in my and perhaps a few other leaders of the rebel. That was not long after Christmas. if you have no objection. Charles's College. if on nobody else's I also had in the house photographs of Union Generals of General McClellan. I was at school at brother saw them. and. I heard he had been there. . Surrattsville. Weichman he would attend to his own business and let went to the door and brought the gentleman him stay at home. Wilkes Booth. He was there. He told me not to leave in. Surratt. State only what you know. It was my mother's habit to sit up for him at night. Booth called. when he was out of the house. the 3d of April." was for some time past. and I put a just yet. Booth came up the steps. I never saw Dr. and was but too kindly treated there. as far as your knowledge goes. Stephens. I think. — Hooker. General Grant.mother's house in Washington. where we did not. by any member of the family. that he did not feel at home at an hotel. and she would treat them politely. He never staid long when he came. Mr. I never asked him what his friendship was to Booth. I heard some one come up the steps as the buggy was at the door. Noon. Ma had beeti talking about going during the day. and that. called " Morning. and she has replied that she could photograph of John AVilkes Booth behind it. and told her she That picture belonged to me. and perhaps the day before. My brother was at St. 1 have never seen him since. not read or see without them. Aiken. I owned photographs of Davis. the two and took them home. My mother's eyesight is very bad. that all. but she supposed their object was to see my brother. I have met John Wilkes Booth at our house. Ewing. and my brother said he believed that man was crazy. and she has often failed to recognize her friends. Mr. One day. So I formerly resided. SURRATT. " Mrs. at any time or place. She ratt. Weichman was a boarder at my mother's house. when we were sitting in the parlor. been there before under the name of Wood. Assistant Judge Advocate Burnett. Mr. ply You should state sim- what was done. The last time I saw my brother was on Monday. He called two or three times after that perhaps the same week. and the language he used. " Well. I never. 131 father gave them to me before his and I prize them on his account. near Ellicott Mills. are not said she did not understand why strange persons should call there. Payne first came to our house one night after dark. is on the road between hid them. and spent his vacations. I have often plagued exhibited to the witness. nor have I ever heard any remarks in reference to the assassination of any member of the Government. My m(^her went to Surrattsville on the Friday of the assassination. I went with Miss Honora Fitzpatrick to a daguerrean gallery one day to get her picture By Mr. I think. Stonewall Jackson. Booth. competent testimony. Washington and Bryantown. and Night." And I believe lie did leave the next morning. I did not see him. or two weeks after I can not say exactly. MARY "Weichman came back and asked ma if ehe would have any objections to Atzerodt remaining there that night. — — Mr. On this visit. During the time he was not at home for vacation he was at college. you ought to be cautioned here. and ma was ready to start. I went down stairs to tell ma that he the statements or conversations of Mr.] In giving your evidence you will avoid giving statements that you heard your brother make. being acquainted with him. he would take them from me. and he wished when we were all in the parlor. She was in the dining-room. I intend to leave in the morning. The last time he was there was on Friday. Miss I did not know him by the name of Payne at Surratt. Surwas there. After thinking for some time. as she was always in the habit of treating ever^-^ one. DEFENSE OF MRS. as we were sitting in the parlor. before Booth came. she said she was obliged to go on some business in regard to some land. I left on up and throw them in the fire.

I was recognize that card ami was given ft me present at the time of Payne's arrest at Mrs. and not see her at all. but I have never seen him to speak to . on from the 6th of October last till I arrested.time of his arrest at the house.] I before. I know the prisoner.s. and took it to Mrs. I boarded with Mr. John Surratt had left a fortnight sination. We have occupied no other house in Washington. Payne was down behind the railing. about the middle of March. Kirby. because some one suggested that this man Payne was her brother. Eliza Holahan but I do not know of any photograph placed For the Defense.saw Judson Jarboe until 1 got acquainted with liim at Carroll Prison. Atzerodt. — May 25. Atzerodt at Mrs. . I never saw Dr. I have never seen Judson Jarboe at our liouse he never visited the house at all. or Miss Surratt said there that they had never seen that man before. I never . and I have never known her to sew or read by gaslight I never . Surratt was in the room with us was when Miss Surratt gave way to her feelings. called Mrs. I know the prisoner at the bar who called himself ''Wood. and Kight. Aikex. The only time that Mrs. Surratt's house. • Cross-examined by Assistant Judge Advocate Burnett. Surratt from the 7th The last time I saw Mr. hair years ago. I have known of her passing her ratt who he was.xclianged a word with I asked Miss Anna Sur!iot read or sew at night on account of her him on either visit eight. office. Surratt has complained that she could Wood. and was kept on the mantle-piece. Xoon. Ewixo. ^^> [Submitting to the witness tliecnrd :>tatc of Virginia. May 25. and she thought whoever calleil him so was no gentleman. Surratt s was on the Monday before the assas. Surratt When we Miss IIoxora Fitzpatrick. the inauguration. two or three days.of February until two days after the assassination. and myself were. Wilkes Booth. it was after The photographs of Stephens. He was there but not look as if he would. Aiken. I did not hear her denv that she ha<Lever seen ' quarters. of the I (yra»iu«. Miss Anna Surratt also bought one. him. TUE CONSPIRACY TRIAL. I think in March or April last I have seen him there twice. 1 remained it'. and never heard his name mentioned for have often threaded a needle there. but I never e. For the Defense. I bought a photograph of J. when the skull-cap was taken is ott" his head. Surratt out to see Payne at the [The pictnrp. — . By Mr. John H. Surratt's in February. though I never . We commenced to the moving from Surratt9\-ille house on II Street about the Ist of October last. house. I met the prisoner Payne at breakfast one morning. Miss Jenkins. and I am acquainted with Louis J. ond. Surratt's house more the second time. I occupied the same room as Mrs. Surratt's By Mr. the last time was in March. I said I did not friend. and on the secOroti-examined by the Judge Advocate. I went tiiere myself about the first week in November. were at General Augur's headwas taken in another room. I think. I boarded at the H Street.132 Recalled for the Defense. Surratt. Mrs. like a son than a friend. Miss Surratt remarked that that ugly man was not her brother. Aikex. but I do not know in what month. I have seen him at Mrs. Samuel Mudd at my mother's house in the city. Surratt. was house of Mrs. Mrs. in the room in which Miss Surratt." [Payne. and she said he was a Mr. I think. Surratt's. behind it. Mrs. Samuel Mudd at Mrs. By Mb. " Morning. He had his cap off at that time. I think Mrs. the I'ith of April. I did not recognize him at by a lady about two and the house. Surratt's house. on the same side of the Wood. and Miss Surratt slept in the same I do not remember whether the officers room for a time. Surratt's.law Dr. —June 7. because she could not see to do it herself. he did street. nor heard of his being there. him. Surratt on rontainins thoarm* motto " Sic trniptr Thursday morning."J Aiken*. Weichman he was treated in Mrs. but I did at General Augur's . her when she has been sewing during the day. He only stayed there a short time. a Ba))ti9t minister. Beauregard. with the was at communion with Mrs. it belongs to me.] in the parlor all the time. Mrs. and I never paw him after. —June 9. Surratt sent him • away. Booth at Mrs. I I know Mrs. I have seen the prisoner *jid Daris did not belong to me. liecalled fur the Defense. By Mr. I have seen him pass in his buggy in the country. saw him at Mrs. He was introduced to me as Mr. Surratt I do not remember that Mrs. I By Mb.-d tu Che witness. think he would convert many souls. one night on his lirst visit." was cxhib. \^ I know this picture it belonged to Miss Surratt. Surratt's eyesight defective.

I 133 rattsville. I can not say that I was intimate with Mrs. ^or the Defense. Howell about his sympathies at that their own ". He told me that his sympathies were with the South. Mr. Did he say any thing. I had some conversation with Mr.said he would like to go South. when he was last at home. he said. but as soon as he got his business arranged he was going. Atzerodt. for Mrs. Weichheard Mrs. she failed at first to recognize me I met Louis J. if he was not to Mr. as the wounded and invalid soldiers generally had the preference in the George B.' . I believe he said he had habit of seeing. Assistant Judge Advocate Bingham obSurratt's three or four times. Weichman as this. Surratt about a year and a half ago. I believe he would ask for Mr. she did not like him. and. and he dined there once or twice. and that she would rather he did not come there to board. In all the time you boarded in her house did you ever hear Mrs. When he called. I liked her very much.sympathizer would. Mrs.] was cheaper than at an hotel. but he said it would not admit of doubt. I saw him come in at times. he any knowledge of that fact. Howell. on his crossMrs. Weichman amount of testimony out of the mouth of the was never asked any question in relation to most truthful people living. examination. I had no particular business. Surratt make any remarks with reference to a conspiracy. Woods. I doubted it at the time. Surratt and John the South. Weichman once at Mrs Surratt's I remained there two days or more. Surratt during South with me. but he was not ready. or intended uable evidence on the part of the Government. Mr. she was very constant in to go at that time. ferring to the South. as I understood. he could or not. as a Southern man or a secesh H. I called one evening at her house. and it would be just as valuable to the defense Q. ultimately succeed. thies ? I have seen John "Wilkes Booth at Mrs. she handed me was present one evening. although the gas was lit in the hall. if it were so. I think. jected to the question. Mr. Surratt's because I knew them.South. and that he thought it would I have been in the I reside in Boston. Surratt. photographs of done all he could for that Government retlie leaders of the rebellion exposed for sale. Weichman I showed him and how to use it. of his sympaif she did not. and I went to Mrs. The question was waived. be. . her religious duties. Bession of persons supposed to be loyal ? Confederate prisoners the United States GovAssistant Judge Advocate Bingham obernment had on hand. SURRATT.on hand. Weichman said he would like to go I went to Church with Mrs. May 27. offices there by an order of the War DepartMay 25. man said he had done all he could for the My name is Adgustus Howell. sation in regard to the number of prisoners Have you not seen them in the pos. Surratt say any thing with reference to the existence of" a conspiracy to assassinate the President? Assistant Judge Advocate Bixghaji obThe law so hedges jected to the question. there. that matter in his cross-examination. Q. and he stated to me the number of Q. Weichman then I among Booth's effects was exhibited The cipher was the same I showed to Mr. it would be val. WeichFor the Defense. Lent very often. had some converthe same as Union celebrities. He asked I have not seen John Surratt since early me if I thought he could get a position in Richmond I told him I did not know whether in March. Surratt. and . that if the witness had The question was waived. when a newspaper to read for her. that he had the books Augustus S. and disclosed to her man with respect to his going South.you any information in regard to the numcause. " E. The question was waived. to go South. I first be. and the number they jected to the question as immaterial. — We — — . AiKEX replied. he expressed himself as a friend of came acquainted with Mrs. the greatest criminal that ber of prisoners that we had on hand ever cursed the earth and disgraced our comAssistant Judge Advocate Bingham objected mon humanity could make an abundant to the question. saw Mr. but I was more intimate with her daughter than I was with her. Mr. I heard Mrs. made one himself. MART heard of him by that name. Weichman at that time give declarations in their own favor.DEFENSE OF MRS. I time and place. SKirratt's eyesight was defective. [The cipher found to the witness. Surratt. Aiken waived the question. Q. she was a very kind lady to board with. Did Mr. Surratt say she objected to Mr. whether he had stated any thing John Surratt. inasmuch as Mr. ment. never saw her read or sew after candlelight. about the 20th of Februarj'. in Boston. he spent most of his time in company with Weichman had not been asked. inasmuch as Mr. had over that of the Confederate Government. atSur. in connection with his wishes to go South. he called himand the young ladies called him. in his own office to look at In that conversation. " Port Tobacco. and because it AVhen a cipher. about this matter of crime that those who are charged with it are never permitted to prove eelf.

] It is your right. Mudd occasionally. I met a lady The Commission overruled the objection. The Court has the right to know the status of the witness. that is my but the ordinary course of cross-examina. John H. If it Richmond.134 THE CONSPIRACY TRIAL. if his answer will tend in any way to We went to Virginia together. Aiken. It is objected to. Surratt. but I seldom use the reason of the objection. tliey were principally from the neighborhood Maryland. off get some drafts. What has been your business for the (2last year and a halt? Mr. I have had no particular occuI used to meet Dr. and fof which I had no particular business I paid at the rate of $800 of Confederate for ia the county. It was because his liouse was the twice the last year.correct name. I now object to the witness or 22d of February. pation since I came out of the Confederate when I was at Bryantown. I do not object to his stating it. but he did not. I was at his house year of the war. Pro- tection on the stand only applies to yourself. one way or the other. I met Mrs. Tliat would be implicating others. "S" stands for Spencer. I had some contion. . about the 20th Mr. and I asked him mond occasionally.place. and whether that fact was known to the familv of Surratts. ber. Aiken. he has the privi. because The cipher 1 showed to Weichmann I no question was asked the witness in the ex. if he wishes to do so.at a house in Bryantown. in every way and shape. by that name in AVashington. Assistant Judge Advocate Burnett. and did not months.learned out of a magician's book. I oiiject to the question. On for whom did you buy drafts? A. I do not know tliat and I will not press that portion of the ques. because it years. I brought one drat\ from Richmond. My name is Augustus Howell . I told them that I hands of the Court. I believe. Assistant Judge Advocate Burnett. during the first bring any back to him. had been to Richmond. years. I think Atzethe hands of the Court against any matter rodt was at Mrs. Surratt's house. Md. Some nearest that I went in and asked him to get one might have gone with me in December. and versation with Mrs. Before the war. time I was there. is placed on the ground of personal security. I George County. the ''S" in my name. Surratt's house during the that will criminate yourself. Howell. if the witness claims that privilege at the Surratt's in February. have lived in . not to others. first. for his sister. but never made it a stopI had lost a pistol which I left Since then I have not been employed in any ping-place. but I do not think it is relevant. S. and I do not wish to answer that question. of $200. have been at Richmond about half a dozen times since I have known the Surratts. \\\ February. it for me. I was in the First Maryland Artillery messages by me to Richmond. the witness was asked nothing at all with reference to his business. Slater at Mrs. principally in . erally sold drafts.they knew my business. Mr. of Mrs.s. to claim protection at knew I was from Richmond.King Q. and if he does not Slater in Richmond about the last of Febwish to answer the question. particular business. It is always competent to give to the Court the full status of the witness during the time about which he testifies. We have a right to know whether his employment was loyal or disloyal. Surratt's house. and again in Feljruary. but young Marriott. I reaided Prince Creorge's County. I generally write my name tion. It is about two them. I never carried any dispatches in WiTNES. to some friends. They were not upon any of the accused. Any thing relative to myself I will answer willingly. but I never saw Payne. Surratt's house. A.-^s. I should like to hear friends call me Spencer. is entirely irrelevant to the issue now before I never met a person by the name of Mra. I do not think I have been but miss the pistol until I was passing Dr. It was soon after I saw her in front lege not to do it. I staid about two days and a half at Mrs. He never sent army. nor did I of the Confederate service. I can not say that I was known to my friends as a blockade-runner. Witne. Aiken. from but I do not remember who it was. My General Wallace. 1862. up to July. in Prince George's County. sometimes once in two or three I was going up into the country. about a year ago. Mudd's I was there in Decem. He is not obliged sation with her in front of Mrs. friends in my I life. us. or any person in Washington.ruary. Surcriminate himself as to any thing in which ratt was with her in the buggy. he has been engaged. [To the witne. I have amination in chief. and had some converanswering the question.ss. to do so. in Cross-examined by Assistant Judge Advocate Richmond but Burnett. I have been to llich. I think.se you of it now. and to Our Maryland boys genand I used to go down Richmond occasionally to buy draAs for to see and on. some half dozen accompanied me. that I met her in Assistant Judge Advocate Burnett. Sometimes I went once to go there and get it for me. They were upon some of my Maryland. secondly. a month. In the examination in chief. . Va. and judged she I appri. he can make that claim. in referewce to what liis been acquainted with it for six or seven business has been and.

the witness can be contradicted. I said nothing about its being for a delicate gentleman. be impeached by proof that he has court contrary to what he has testified at the trial. MARY E. I have not been very intimate with Mrs. She always bore the character of a Surratt. as it was pretty close by. County. . before the war. perfect lady and a Christian. Mr. I do not know any thing of Weichman's as I supposed she would be glad to hear from having quarreled with the Surratt family. munication with him. I Aiken. Mudd am President of the Gonzaga College. and I was laughed at for not seeing it. and that he desired to^go to Richmond to continue his studies there. My last visit to Mrs. she has failed to recognize me on the street. Rev. Christian. Q. mother. I simply went there to ask if there was a vacant room. prisoners at the bar there. . I never took the oath of allegiance to the Unit. lor I did not known for whom it I have met Mr. Is there an institution in the city of Richmond for theological studies? ject to that I ob Assistant Judge Advocate Bingham. I am near-sighted myself On one occasion something was pointed out to me. question as wholly immaterial. Booth at Mrs. I have not seen them since.d States. Ju7ie 3. Wharton's American Criminal Law. For ihe Defense. and she handed it back. Aiken said he would recall the recollection of the learned Assistant Judge Advocate to the fact that the answer of Mr. saying she could not see to read by gaslight. . because lie was loyal and they were disloyal. it was that and another from a young man by the name which took me to Mrs. I reside at the Female [Catholic] School. him. Ewing." Mr. Some time in February or March. and the witnesses contradicted. I can not see them well enough to know them. provided a succession of counsel could be obtained to keep up the fire. I have been acquainted with Mrs. eight years. General Wallace. 434. about at Bryantown ten or eleven years since I became acquainted I I knew her well. says: " The credit of a wit- Cross-examined iy Assistant Judge Advocate Bingham. E. in Richness may made statements out of He said that he belonged to that diocese. I received two letters from John H. Weichman was interrogated as to these points. nothing has ever come to my knowledge respecting her character that could be called unchristian. I could not see labored under the same difficulty. I did not engage a room. perhaps. first I received it was probably one or two . Mary E. but do not think I have. B. — May 25. It is F between Ninth and Tenth.with Mrs. of Cliew. the case would never end. Aiken. He said nothing each case we give his last statements. post-marked Montreal. Surratt between six and Street. On one occasion. whether it was two stories If immaterial questions or forty stories high. on the day of the assassination. These questions to the witness now on the stand (which I have a right to put) are for that very purpose. or any thing of that kind.* Street. Surratt remarked that she supposed I was something and that she like herself. many of tlicm flatly about a theological school there. Ilolahan. C. He said he contradicting those made a few moments before. The witness Weichman did not state that theve was a theological academy. if the Court lived to be as old as Methusalah. Miss Anna Ward. I have never had any com. for his mond. as far as my acquaintance with her extended. Wiget. and the foundation was thus laid for impeaching his credibility as a witness. p. But it is only in such matters as are relevant to the issue that Therefore. a witness can not be examined as to any distinct collateral fact irrelevant to the issue for the purpose of impeaching his testimony afterward by contradicting his statements. 1 do not recollect the date of the Mr. Weichman was on the record that he was a student of divinity.. In The Judge Advocate. I answered his letters to me. Surratt's house was on the day of the assassination.DEFENSE OF MRS. at her house. Surratt. Surratt. By Mk. section 817. Weichman. except in regard to that and I have always heard every one speak very highly of her character as a lady and as a pistol. and Mr. and left them with his mother. Surratt's on that day. he did not succeed. I gave her a letter to read. tions of this witness witlioiit occupying many pages. Another from days before the second. What is the necessity of inquiring into that? You might as well ask whether it was an octagon or not. Mr. During all this acquaintance. frequently saw Dr. F. Surratt' s eyesight to be defective. on his brother in Anne Arundel He inclosed them in letters to me. Surratt' but do not know that I ever met any of the was intended. if so. Aiken. 135 $100 of United States money.to finish his studies. on Tenth Washington. were allowed to be asked and answers obtained.s. SURRATT. and Mrs. I know Mrs. which I have not yet collected. nor did I know that it was his intention to glean from me all I knew for the purpose of turning me over to the military authorities. and that I received young Tolson. and wanted to go to that diocese •We can not present the contradictions and prevarica. I went to the Herndon House to ask if tiiere was a vacant room. — By Mr. By Mr. For the Defense.

I never had ratt. I have heard her spoken tion for loyalty is. Aiken. Surratt about eight or ten years ago. — loyalty. AiKEX. though I may have done so transiently. acquaintance with her. By Me. and never heard any thing of her but what was highly favorShe never expressed Rev. By Mr. residence is at the acquaintance of Mrs. Mr. Mary Cross-examined by the Judge Advocate. D. express any disloyal sentiments any political conversation with her. Feakcis E. of her loyalty. I have never heard her utter any disloyal sentiments. —May My 25. Aiken. The inference was. and have met her perhaps three or four times since. Maryland. as far as I have hour. . on Sixth Street. I have seen hood is that of a good Christian woman. Washington. and do not remember having heard any nor do I remember hearing any one talk about expression of disloyal sentiments. to pass her house about once a month. Boyle. Mary E. in every and do not undertake to say what her reputa. E.in regard to current events and public affairs. For the Defense. Surratt's character in her neighborhad two of her sons with nie. May 26. X. Surratt by sight and of her character for loyalty since then I know nothing but what I have read in the saw him in this city about the end of FebJust ruary or the beginning of March. pose ? Surratt. Rev. I am this city. I became acquainted with Mrs. heard. I do not propose to contradict inferences I suphave been acquainted with Mrs. I do not remember having heard her reputation for loyalty spoken of Kev. and generally called there sometimes staid an Her reputation. Aiken.136 wished THE CONSPIRACY TRIAL. Christian woman. Mary E. Aiken. on the Island. I Aikex. in "Washington City. there was a school there. Cross-examined by the Judge Advocate. I her perhaps once in six weeks. In my estimation. she is a good Cross-examined by the Jcdge Advocate. made I am a Catholic priest. if he was going to complete his theological siudies. My visits were all Cross-examined by Assistant Judge Advocate and political affairs were never disBlXGHAiL cussed. I My — — I never lieard her speak upon current the pastor of St Aloysius Church in I first became acquainted with events in any manner. At the time of my proper Christian matron. thirteen years. I I have a personal knowledge of her gen. 1 have a store acquaintance only Surratt Cross-examined by the Jcdgb Advocate. am a Catholic priest I By Mr. During the last year or two. — . I have heard her always well spoken of as an estimable lady. I have always looked upon her as a her. Mary E. to go there for the purpose of continuRev. intimately so for about nine years. I am not particularly acquainted with Mrs. William L. I have never heard much of her sentiments. know notiiing of her. Surratt from having Mrs. I was not her pastor. any disloyal sentiments to me. and reside near Assistant Judge Advocate Bingham. Charles H. Stonestreet. St Peter's Church. —May 26. arrest. I first became acquainted with Mrs. I have scarcely seen For the Defense. that By Mr. St Charles County. Surratt eight or nine years ago. 1 Mrs. papers. her as being notoriously disloyal before her been very familiar with her. I can not say have conversed with her since the rebellion I remember hearing her utter a loyal senti. Young. loyal or disloyal. ment since the beginning of the rebellion. and have heard I I never heard her I do not remember having seen Mrs. and I have character for short. Hoyle. ing his theological etudiea For the Defense. for about The Commission sustained the objection.sense of the word. of with the greatest praise. By Mr. For the Defense. . I am a Catholic priest. May 25. and highly honorable. but not of her disloyal sentiments. there was no question I reside on Missouri Avenue. Peter Laxihax.nothing against her. able to her character. . have I had occasionally seen her and visited her.never heard her on any occasion express eral character as a Christian. . You Bcantown. have only occasionally seen her since. the prisoner at the bar. since the commencement of the rebellion I last 1 know John II. I reside at the pastoral house of St Dominick's Church. staying at her house. Sur. and never heard any thing to her disadvantage. acquaintance has not been intimate. Surratt twenty years ago. is that of a Christian lady. For the Defense. May 26.

BlXGHAM. Z. Evans in your community— appearance he is rather delicate looking. object to any such question. Evans. I am very well acquainted with J. known Mrs. he about a mile and a half from me. I reside in Aiken. Evans kept school in the neighborhood where I live. and I have never heard of any disloyal or overt act of his against the Government. because I always cooked for them jected to the question. — the contrary. By Mr. except by rumor. Hoxtox. Of late years I a witness. Jenkins. for about twelve years. A. Are you acquainted with the reputatioff could. I know the Rev. and where he has taught school. I lives am Jenkins committing a disloyal act. and when there I years a man can live down a slander. Christian. in your neighborhood ? tall. the question is as to his years ago. Since the rebellion I have not general reputation at the time he appears as Now it is proposed to go back met her very frequently. loyal or disloyal it was only ical as a customer that I knew her. has said that no man called into a of years. nor have I heard from him an expression unfriendly to the Government. Defense. There is no Presbyterian Church in Prince George's County that I know of I can not exactly say what is the reputation of Mr. . She has always been looked upon as a verv kind lady to the sick especially and a church-going woman. I never heard Mrs. I have never known of Mr. Has his reputation in his neighborhood. what the present reputation of Mr. kind lady. riously bad ? Assistant Judge Advocate Bingham. W.' DEFENSE OF MRS. the prisoner at the bar. Cross-examined by Assistant Jcdge Advocate Q.Union soldiers at her house. is very I never heard any thing to good. and never heard her utter a — — disloyal word. I For the Defense. but I have heard that he changed when he lost his negroes. I believe that he once assisted in defending the Union flag with arms in his hands. Surratt for a number justice. — . Mr. though I never heard him say any thing disloyal when he lost them. No. I have seen her very often during the last four or five years. and about twenty-two or twenty-three By Assistant Judge Advocate Bingham. I never had [See testimony of Bev. and his reputation. W. in its humanity and in its for the last forty-five or fifty years. It is supposed in law that in ten visited her house often. SURRATT 137 prior to the araftl saw him in the store. Evans Maryland. Evans in that neighborhood for veracity. have staid but a short time. MARY E. From your knowledge of his character By Mr. have gone from home but little I have not ten years. but mostly since she came to reside court as a witness shall be put upon trial for in our neighborhood. The question was waived. A. Q. Evans for truth among his good man}' of them. I remember Mrs. sentiment. I have ity is. William "W. At the election of that year 1862. some ten or twelve years ago. Surratt's house for six on oath where any of his interests were years. that he is not at this time a very loyal man. ion. during the past two years. Jenkins was a good Union man two years ago. I think. about ten or twelve every act of his life. Aiken. June 13. of light complexA. She treated her servants very well all the time involved? Assistant Judge Advocate Bingham ob. would you believe him I have lived at Mrs. was impeached some years ago. I have Surratt. Z. page 174. Rachel Semus For the Defense.] any conversation with her on political subHer reputation in the neighborhood. he was arrested.) You —June 13. (colored. I believe.I was with her. I never had reason to comfirst state The witness should plain. among his own neighbors for truth and veracThe law. For the June 13. Surratt utter any politBy Me. been notoJohn' T. Surratt has fed whether he knew the general repu. The witness By Mr. He was a good Union man up to Jenkins. . Hoxton. Aiken. In of the Rev. In Evans's neighborhood? will not be positive. and I know that she always tried to do the best for them that she neighbors. The report in the neighborhood is. A. was hired to her by Mr. about a mile from Surrattsville. and since then I have understood that he had secession proclivities. sometimes a tation of Mr. He was the strongest Union man I ever saw when the war broke out. Q. about six feet in hight. I think he had neither goatee nor moustache when I saw him. I know nothing of his reputation now. years of age. Aikex. though I Q. Evans. Mr. but I have known very little of him since that time. has disclosed the fact that he does not know I have resided in Prince George's County. as a truthful. Mary E. about a mile from Surrattsville. The question is as to his reputation now. •known Mrs. need not state that Q. Md. Wildman. Assistant Judge Advocate Bixgham. Prince George's County. jects. Mr. Evans acquainted with J. A.

veracity.-iation my impression was that he rejoiced at the restoraI have no recollection tion of the Union. 7. For the Prosecution. lieve he would tell a falsehood. rounding awav down able face. I do not know that 1 should recognize it. June 3. standing on the stoop of Hunt & Goodwin's if I saw it hanging in a window. or any thing of that kind I have known Louis J. but he has been quite friendly and communicative in his conAs far as my knowledge versation with me. and I know nothing I do not beagainst lii. ever expressing sentiments that left a His reputimately for about sixteen months. never knew of 1 her taking any pay for it. as far as I have heard. Reed. was little Johnny" meaning her son. in the same office. office. As regards his loyalty. We contrary impression on my mind. see to do it. I never heard her express herself in favor of the South. assassination. Surratt since he was quite a child. John H. the shape of the coat. always borne a good character have known Louis J. never represented himself to me as being in confidential relations to that department as was not a visiting friend of were not very intimate. Surratt was If that picture had been shown to me withabout half-past 2 o'clock on the day of the out being told it was the picture of Mr. Surratt. and siie had not any more I until she sent to the city. My the relations to Mr Weichman. remember one day telling her that Father large-sized photograph of John H. and remarkably nice and genteel. truthful man is very good I have never indeed. it was not him. coming to the was bandedandthe witness. and from that conver. a refusal to join that military organization would be equivalent to a dismissal from the Mr. Aiken saw John H. of his. it Tina is a fair picture of John H. Weichman did not always wear office. I never heard of his being a detective in the departIt might have been consiilered that ment. Cross-examined by I Mr. singularly. Surratt was going looked at it and examined it.s characiter for truth. Surratt [. "Weichman.\ recent Lanihan was at the front gate. he has Frank Stith. Joux Ryax. I knew him by sight. but if I military store. I did not notice whether he iiad whiskers or moustache. . His repupublic service. I am a clerk in the War Department. Hin appearance was very genteel. 138 THE CONSPIRACY TRIAL. and we had just a bowing or speaking acquaintance aa we passed each" I I She always gave them tlie best she had. is precisely the same. I have had to stop washing to go Cross-examined hy Assistan't Jcdge Advocate up and thread it for her in the day-time. remarkably so. the 14th of April last. and Mr. !on his coat-collar. Aikex. and he was 0|)cn and outspoken in his friendship for the Government. I — June 7.. "Weichman about a year. "No. as I was mor^ attracted by the clothing he had on. a detective.! to house. The last Aikex. tation as an honest. — — By Mr. and very often she would give them all she had in the house. the style in which it is cut. He was a member of the volunteer military organization formed for the defense of this city. Surratt It is a remark- TESTIMONY IN REBUTTAL. I have never heard any thing —June said against his character relative to money matters. Cross-examined by Mr. and she said. I did not hear them. and I would believe him wliether under oath or not. Aiken'. were both in the heard it questioned. I recollect her cutting up tiie last ham she had in the house. goes. but David C. our meetings were casual. not periiaps intimately. He did not look like a person just from a long journey. Weiciiman's. tation for loyalty was excellent. if she used such expressions. I can not say that I have had any connection witli Mr. Recalled for the Defense. For the Prosecution. because so many of them came. Weichman in- as a moral young man. SurI was ratt. I should recogtime I was cut very I noticed his hair nize it as past the National Hotel. his clothing was clean. outside of Mr. Her eyesight has been failing for a long time very otlen I have had to go up stairs and thread her needle for her because she could not other. By Mr. the only thing I notice is that his hair is not cut as I noticed his on the 14th of April. but in a ditierHe ent department to Mr. I only remember one conversation that distinctly bore on that question. I BlNOHA-M.

John Surratt was with this Mrs. gentleman announces that he desires to ask some questions. nor have I ever derstood to be equivalent to a dismissal from known of Dr. David E. Surratt. for integrity and truth I have always regarded I have had very as being very good indeed. or any members of his cabinet last iSeptember. Cross-examined by Mr. Surratt could read or sew by gaslight. lent. I also saw Payne there President? H — . and his character without any reproach wanted to go to New York. and he was early train in the morning. John Wilkes Booth I have seen drill and rainy days. Surratt was on the pavement talkI am in General Meig's office in the War ing. and never heard For the Prosecution. heard from him. there is no Mr. and about eighteen months at the door of my room at about 10 o'clock. I am intimately acquainted ing to this person as she was getting into the with Louis J. to Maryland to another college. Ewixg. Prosecution. making the witness his own Cross-examined by Mr. Aiken. examination but I propose to treat him as little conversation with him about political matters. Surratt's door. refusal to beperson by the name of Jarboe come a member of tliat organization I un. I never office. June 7. versation at Mrs. whom I afterward learned to be Mrs. or of the PresiI have known Louis J.TESTIMONY IN REBUTTAL. with a basement and a night of the assassination. seeing a carriage at Mrs. we both Surratt previous to the 3d of April. and that he could whatever. The last at the Philadelphia High School.se. T. Surratt's. of It is the first house from the corner Street. Surratt's. Ransford. 139 The name by which 1 I can not once at breakfast. I am a clerk in the War dent. Surratt's. I have had many conversations not get it exchanged in time to leave by the with him on political matters. Department. branch visited of the War Department.$60 in paper for $40 in gold. and him in the parlor with Mrs. he has Mr. person. of Sixth Street. Mrs. Aiken. several times. ago I met him in this city. do not remember its being alluded to by any Both he and I are members of the Union member of the household. .some gold for greenbacks. Rifles.gave himself up after the assassination of the ratt moat of the time. I have two or three questions It is not properly a crossto ask the witness. — . Atzerodt passed by a nickname when he I was usually from I have never known him as a detective in was at Mrs. hateful expressions on putting them on. Surratt and the immediately retired to change them for his young ladies. Herold. Ewixg. and wished me to exchange very intimate with him since. I never heard any political conP. blue pantaloons about the office. Aiken. if there is no objection. While there. and therefore can not the employ of the Government. the day on which the news of the He knocked I frequently fall of Richmond was received. since 1856. I never knew any thing of Mrs. heard his name mentioned. Mudd coming there. I saw Atzerodt door. Surratt's always most free and unequivocal in his exI I defective eyesight while I lived with her pressions of loyalty to the Government. For the plater. Weichman have known him carriage. Weichman thatViame.time I saw him was on the night of the 3d entered it in 1856. a brick hou. and have been after I was in bed. got into it one morning as I was dressMrs. He remained at that col. Hol. June 7. June 7. For the Prosecution. Surratt's house is on the south side Street. Young. as we shall be entitled to rebut. I have simply met Mr. Cross-examined by Mr. lege for two or three years. citizen's dress when drill was over. I boarded with flight of eight or ten steps up to the front Mrs. though I did not know him by Q. Weichman as the same objection. War Department A a friend. His reputation at my own rooms. regard him as a very radical. called the I never saw or knew of Mr. Weichman since any plot or conspiracy to assassinate if I had. Bay that he only wore his blue pantaloons on knew him was Wood. to call there. The opinion as to his loyalty. This was the last tiine I saw John I was a college class-mate of his Slater. Weichman and myself belonged to . say whether Mrs.viian. I never knew the prisoner. and he was a clerk in another I should have endeavored to prevent it. Department. military organization. Judson Jarboe. and up to the drab or lead color. Assistant Judge Advocate Burnett. about two weeks before the assassination. and am not competent to give an my witness. then left and went of April. about forty-five feet from Sixtli John T. home in the evening. me Py Mr. Will you state whether Mr. painted During the winter ?^nd spring.or of any coming to Mrs. I remember. or tltat he made use of I have seen there frequently. and a Jajies p. he seemed to be with John Sur. League. of any plot to capture the President. His reputa. — . . loyal man. and I gave him He' said he tion as an honest and truthful man is excel.

he was a good deal excited. James McDevitt. Mn EwiNo.140 THE CONSPIRACY TRIAL. Washington.ssassination. C. My inquiry in regard to Mr. except by way of contradiction. I think.ssination. You ter. regard to himself floor. when a lady put her head out of the window and asked who was there. In the morning. It is not the ordinary form of impeachment of a witness by laying the foundation in his examination for contradicting liis statements upon the stand. need not state that. until he lias first laid the foundation by a cross-examination of Weichman. Surratt in Canada. W^e did not arrest Mr. Aiken. Weichman the morning after the murder. when she said she had not seen him for Q. and that John wa. He had time frono the moment we rang to dress himself to that extent. Lawrence intcnilcnt Kichards. me to Canada.^ion the expression of two weeks. about the . Assistant Jud<jc Advocate Bingham.woke me up. Weicliman came to our office the called. but it is to show that he occupied the position of a co-conspirator. that the entry on the register of the St. By Assistant ation JlT)ge Advocate Burnett. I could not state. Assistant . but we did subsequently when he came Mr. I saw that he was regQ.Judge Advocate Bingham. Sl-ater had Iteeq there that Mrs. Nobody questions it. entered Mrs. had just got out of bed. I slept in the front morning after the assassination. "What the gentleman calls the act of AVeichman never can be proved by any human being but by Weichman liimself lie has testified that he was taken into custody. and it is therefore incompetent and illegal at any stage of the case. 1 do not know. For the Prosecution. A. Slater went away was a hired one. From an expression he made to me. Weiclwiian is for tl)e purpose of proving acta in regard to hi in in association witli Booth and oilier men connected with the conspiracy. the a. and it was waived. Nobody doubts He lias testified that he was in custody it. These officers were in tlie passage when my Cross-examined by Mr. We were inquiring for her need not state any thing he said. There is no such foundation laid. Mr. Weichman then. That is not the purpose. and again by the Q.« then down in the country. which was all open in front. I think. Weichman made no confession in We did not find John H. As she retired. but without A. The Commission sustained the objection. Clarvoe. Howell was at Mrs. Was that expres. Surratt would bo he was to be arrested? Assistant Judge Advocate Bingham ob. on jected to the question. W^eichman accoinpanied to our office. after breakfast. son. room. to impair the value of his testimony. When you took him down. D. he remained. and was zealous and earnest in performing the )iart allotted hini in the pursuit. No. 1 asked her for the letA. man was in bed or dressed when the officers Mr. Mr. .s at that time that he was really a guilty party in the plot to kill the Tresident. When? same name on the ISth of April. Weichman opened the door.ssa88iii< The excitement on account of was very general throughout the city. sir. Surrati told me the team in-* which John Surratt and Mrs." on the Otii of April. he did not. 1 want to show by liis act. You need not state a&y thing about his expre» eione. I left him in Canada when I returned to New York. and though he had every opportunity to escape. It was some weeks after Mrs. Surratt's. rang the bell. and was. Was Weichman then arrested? A. Lawrence Hall is his. but it could not be found.istered on the hooks of the St. and that there was a letter somewhere in the house. It is utterly incompetent for the gentleman to prove any thing he said about that matter. from my own knowledge of John Surratt s writing. I think. and several other officers of the department. the morning after the a. did you know any city or State address. it will tend very inucii. intimation that John H. How did you come to take him down? had received a letter from him on the 14tli. You dated in Canada. Weichwife . which she liad received a wish to be delivered up? from him that day. that she Q. the night of the assa. 1 saw Mr. witii Mr. He appeared as if he in his stocking feet. he had his pants on. 1 received the first Q. On We We he was in his shirt. Whether Mr. —June 7. Clarvoe.likely to be found in Canada from Mr. Surratt. said we wished to enter the liouse. when he was brought on the stand. Weichman opened the door for them.so told me. and then it is never competent. Surratt's house. I went to Mrs. Assistant Judge Advocate Bingham. and that instead of being indicted he a|)pears liere turning State's evidence. Surratt al. When Mr. it might have been Ist of March three or four days. He went with me willingly in pursuit of the assassins. and that he comes here clearing himself by being a swiil witness against others. McDevitt and Mr. Mr. About 2 o'clock on that morning. Weichman. and he in the back room on the same Holahan. Mrs. Surratt's liouse with Mr. 1 took Weichman down myself to Super. ABsietant Judge Advocate Burnett. Hall as "John Harrison. I took him to identify John H. either now or any other day. If 1 shuw that lie was. detectives of the Metropolitan Police.

than neighborly with me and my family. Jenkins. — acquainted with J. Mary. It was all the conversation we had at He did not state what time he that time. tell Nothing had been said by me that night to him that he had done just right. or any other man of his party. Cross-examined by Mr. did not place any restrictions in the way of his going. was talking with me. I did not. I know of no exception to this among the Union men. he would give me the damnedest whipping I ever had. He any way." The Mr. in the presence of Mr. by most persons. I have lived as a neighbor of Mrs. Nott who testified here to-day. he did not want to live another day. he understood I had been telling some lies on him. he tion for loyalty is in the neighborhood. " My God John knows all about the murder. J. I asked Mr. Surratt's She had never been more for many years. I have not meddled either way. Joshua Lloyd. but I can not say that he was drunk on the have known Mr. Roby. Surratt's brother. I did son in the rebel army. I he reckoned John was in New York by that time. 1 never heard his reputation for loyalty talked of much. On the evening of the 17th of April last. land. and if he found it to be true. and an enemy to the Government during the struggle. at Mr. Z. He was represented as a Union man during the first year of the war. Nott. if they became candidates for any other office. applying for the position of constable in the I live in Prince George's County. Union man. L. and without my consent. returned about three weeks ago. " Keep that in your own skin. or any one connected with him. Aiken. He said. Nott who said ^this is the Joseph T. Prince George's County. do you suppose he is going to stay in Washington and let them catch him ?" I pretended to be very much surprised and said. who was in the Southern army. he went there of his not express opposition to his coming back in own choice. if you do. have a brother-in-law named William Ward. about a mile from Surrattsville. Don't mention that. I have known Mr. 1 think. in the rebel army during the war. I withdrew from it as soon as a rebel flag was brought and preI have sented to it." Then he put his hand on my shoulder and said. he would This was said give me a damned whipping. he would spend every dollar he had to defeat them. and I have never heard hira express any disloyal I can not say what his reputasentiments. nor did I express sentiments against I judge he the Government and friendly to the South. nor has she given things to my family more than any neighbor will do for another. and he said. A. Cross-examined by I Mr. I could have told you that this thing was coming to pass six months ago.TESTIMONY IN REBUTTAL. He' came to me and told me tliat Roby was For the Prosecution. Z. I think. I have a wished I had been there to help him. Seward. of Surrattsville. I have been a Democrat all my life. E. tion I did . nor what reason he had to believe him to be connected with the Some gentlemen came in while he affair. but I have heard him say. I think. Smoot. which was organized before the war. that Surrattsville. and he had to wait on I did . on the occasion of his return. he was a friend to the South. At the breaking out of the rebellion. one of whom told me that John H. him. I do not exactly recollect when I had any political conversation with would succeed. he was looked upon as a Southern sympathizer. near Surrattsville. occasion. I had a conversation with Mr. The conversation with Mr. Mrs. Jenkins for about five never expressed any disloyal sentiments. at Upper Marlboro. it will ruin me forever. He further said that if I testitied against him. I have heard him speak against the Government frequently. It disbanded in the spring of 1861. Nott if he could tell me where John Surratt was. June 2." "You On know Joseph T. Maryland. on the loth of April. Jenkins about He has always said in ten years. Surratt was supposed to be the man who attempted to kill Mr. Lloyd's house at He said that I was a liar. if the South did not succeed. and have never said that I wished the South years. by God He replied. and denounce the administration in every manner and form I heard him say that. The last time I talked with him was about the 1st of April last. I ought to take it to keep Roby from and he added that he had told the County Commissioners that if they appointed Mr. I resided in Charles County. Aiken. I asked him why he thought so. In politics has been I I begged my brother-in-law to take the oath and remain at home. Jenkins had been drinking. the day after the President's murder. getting it. but after that. was brought home under a guard of soldiers. my presence that he was a Union man. and that I induce Jenkins to call me a liar. and was a member of Captain Cox's military company. he smiled and told me not vote at the last Congressional elecnot know any thing about either I have not been an active of the candidates. " Is that so ?" " It is so. and asked me why I did not apply I am for it. my boy. I told him I did not wish it.NDREW KaLLEXBACH. Cottingham and Mr. ! I . Jenkins of Surrattsville.county. Nott occurred in the bar-room at Surrattsville. For I reside the Prosecution. last saw John Surratt. I met two young men connected with General Augur's head-quarters. 141 —June 7.

and which Mr. 1S63. The first time I saw Mr. Mr. | ' . like Mr.election. Jenkins! nearly every day. nicated this remark verbally to General AuMr. Thej be a Union man till about three years ago. I do not think he ever had it to spendL I have never heard of his spending any thing. and my son suggested I i j | .^^11 this time Mr. that neighborhood. apply to General Wallace. He lost a negro man. Z. I behaved himself a little better. and I have been backward and formember. I was he came to the armory of Captain Mark's born in Charles County. Jenkins. next time I saw him was at my house. He is known County. 1 have heard him curse the President. DORLET For B. and I Jenkins abanhe was opposing the nominees of the Union was a Know-Nothing too. never knew of any act of disloyalty on the part of Mr. 1863. Jenkins. was understood* to be a Know-Nothing tlag: a Union fiagraiseti Proclamation. With respect to Mr.ser was candidate for Clerk of ago this fall. he candidate for Senator. except his abuse of the I have known Mr. Jenkins for four or five Cross-examined by Mr. so frequentky. . only lasted aa long as his negro was proAs soon as he lost the negro. Nott did not inform me liow he knew John Surratt wa.Prince George's have him arrested. but not very inti. In 1862 I of 1861 he came there begging lor money fori knew Mr. hei said he had been oflered otHce under the! damned (Jovcrnmept. order at the election. V. Clampitt. or any such. There is no suit pending between me and any citizen of Maryland. there is a suit pending against my son.s connected with it. he said he wanted the South to sue. I consider a man disloyal company of men there. Mr. Jenkins very well. went over to the rebels as soon as there was a division of parties. Jenkins was when in 1861 and 1862. Maryland. Jenkins spending $3. Jenkins for several For the last three years he has been years. Mr. (irimes for Sheritf. He got so outrageous that I had to For the Prosecution. attitude of an enemy to the Government. Jenkins since 1861. Jenkins to do to happen. at Baltimore. damned Govhas opposed all its measures. John M. against anybody. Roby. tected. 1 asked Mr. 1 do not know that. 1 seemed that his loyalty to his Government the County. Since June 12. had off'ered him an office. in 1864. I liave I | : by the Know-Nothing party. Jenkins 1 September. ROBY. Some time between April and July ward tiirough there all the time. one of the most disloyal men in the county. Jenkins ernment. He was appointed Deputy Provost Marshal for the purpose of carrying out General Schenck's had just objected to his vote. I commuthe bar. Andrew V. Aiken. He said this before a great crowd at the polls. Colonel Baker had a ceed. was and damn him to all intents and purposes. the damned old son of has been looked upon as a sympathizer with a bitch. June 2. took the oath prescribed by the Legislature of Maryland. Brook has been in the rebel army know that he was South. that of a Union man. Jencame home under the President's Amnesty kins is said to have protected. J. RoBY.' !1 142 THE CONSPIRACY TRIAL. but he has denounced the administration frequently when talking with I do not recollect particularly to what me. loyal. have known Mr. think Mr. I was in 1863. I knew him to some Union man who had been killed. when He was a very strong Know-Nothing. wlio opposes the acts of the administratioD. ' I been living near Surrattsvillc since have seen Mr. any thing disloyal. I have heard many do the same he referred. I On the next day. and Mr. but since that time he He said old Lincoln. Government. and then voted. and it ator". of which I was a{ George's. I Cross-examined by Mr. He was ordered to have Jenkins if he woiild vote for such a man as every man arrested who interfered with the This man Jenkins behaved very Harris. when we voted fori a convention to make a new constitution. Bayne was a candidate for Sen-j doned the Union party. has been talking against the Government At the April election. The Know-Nolhings were generally considered Union men. and raised in Prince company. during the year 1861. Z. but that Since 1862 he lias been in the he would not hold office under any such the South. and he said he would vote for Harris badly at the election. that 1 do not recollect wliat Mr.open and outspoken enemy of the Governmately till 1863. It is from personal knowledge of his conduct and observations tiiat I pronounce him disA. I abandoned his Union principles. Sas. Brook was tlie disunion.000 to sustain the Union and the Government. He only paid he could have told me b\x months ago that this thing was going I never knew Mr. have been enrolling officer. — . I was not a resident of the county years. party about three years l>r. but he would not hold othce umler any such damned Government. the Prosecution. I never heard any man whom I regarded as a loyal man denounce the administration. —June 5. gur. and 1 did not ask him. and Colonel Wells. Sunday. ' . but there were a good many who. and staid until he The flag that was raised. ('(ilonel Baker. Mr. in Washington. to Since that time he has I reside close to Surrattsville. I have known and recognized in that neighborhood aa an J. Jenkins said on any particular occasion. Jenkins's reputation in ment. and damned creature. except from his own lips.

—June 5. and I was only permitted I have known Mr. His reputation and conduct since 1861.tion was all wrong.Augur for a guard. I was compelled to leave my Church in 1861 because of my loyalty and devotion to the Union. . years. Z. Surratt's family for two I have known Mr. and going to Mr. man but I knew him to be a hypocrite. and they repeated him make disloyal remarks many a time. different I have known him to polls on election times. and a bottle of whisky taken from his pocket. Evaxs. and endeavor to dissuade men from voting for the Union cause. Cross-examined bi/ Mr. For the last two years and six months he has not been a loyal man. that he hated the Government. By I the Judge Advocate do not know a loyal man in that neighThe prosecution against my son is for at.se the Union flag. / . I know nothing In 1861. I belong to the New School Presbyterian Church. The only reason that I know for his conduct was. Jenkins said he would cut my throat in consequence of it. Jenkins. ities. He is regarded as a disloyal his disloyalty is man in that community. in 186]. moved to the United States Court.\>r. know of his assisting to rai. Md.. if he had been. For I reside the Prosecution. Jenkins ever since he to visit my house in secrecy. Jenkins knows that he is a in 1861. Captain that Jenkins should be arHe was arrested. to the rested. known nothing of call at the it. The suit pending between my son and Mr. Roby's son to aid me. Prince George's County. I obtain votes for the Union Government. Z. at times. I held a secret commission under the He said that he hated the Government the Government. who have the management much so that I had to call upon General of the case. Jenkins ever since I can remember. Thompson. others. and with a band of !nen assisting in protectand that the South would be successful. because. against me. He pretended to be a loyal man in 1861. There was a writ out for me in 1861. I know nothing of his labors worst on earth. so The authorities. permitted to remain Cross-examined by Mr. AVe were in danger all the time. and drew his knife. he would have co-operated with me and several others.which was against the Government. spoken. he pretended to be a Union of Mr. 1 have heard eaidthis to other gentlemen. At night I thought the poor fellow had got sober. St. in case he was forced to fight. he would go with the South. and am a Presbyterian minister. but that was in 1861. ai. and he acted on my suggestion. Everybody was a child. John For I L. in the county or the State. but not in 1863. placed on a chair. By Assistant Judge Advocate BiXGH. who were endeavoring to discharge our duty to our country. Even at the last election. He ing it. I call him a rebel. and he said that emancipato obtain Union votes in the State of Marv. as a great many in Prince George's. he said he would not vote for the damned abolition Government to save anybody's life. Jenkins about fifteen years. his son. in — June 5. tery of the District of Columbia. in 1864. 1 was not. Clampitt. which grew out of my being drafted. I judged him to be a rebel by his conduct.TESTIMONY IN REBUTTAL. and I am a member of tHe Presby William A. I judge so by her conversation. Roby. saying tliat the country would go to ruin. a small pen-knife. for the four years preceding that he was. Jenkins is for false imprisonment. His sympathy with the rebels has been open and outspoken. has been disloyal.d those lower counties did. Jenkins coming to Washington to rebel. have taken steps to have it re. He was considered a loyal man that knows Mr. have known J. but because of my abolition procliv. I have land. the Prosecution. 143 and if he has done any thing to protect the Union flag when it was threatened to be torn down by secession sympathizers. it to me. I do not think she was a loyal I lived in the same county as he did woman. and a few tempting to execute the Federal authority. and I suggested to the Captain that it was not worth while to take him up to Colonel Baker's. that he should allow him to go. Jenkins very well. he looked very penitent. but I never considered him a loyal man. I know J. open and out- I have had a difficulty with Mr. Mary's. I lived in Mrs.borhood except Mr. Jenkins said that. Clampitt. Prince George's County is a very disloyal neighborhood.

to reach if had inquired for him within a short time. A young man spoke on the register. M. There was also a pair of new gauntlets. the Prosecution. a pair of socks.144 THE CONSPIRACY TRIAL. nor of Atzerodt. a handkerchief marked ''Mary R. — May 13. Charles County. I can not identify the knife. went. All I saw found. or bolster. I went up to the room of the prisoner. articles that were found there. 53. asked me By the Judge Advocate. with the Ontario Bank. Atzerodt. Canada. 126. " I believe that he had a the one just shown me. am No I one inquired for Atzerodt on the 14th while was in the office. With permission of one of the proprietors I burst open the door. the door was locked. night of the l. belong to the military police force of this On the night of the loth of April 1 city. Wilkes Booth. am It contains tlie name of G. the Prosecution. Atzerodt. tjiere was a soldier at the door. any one For the Prosecution. 120 on tlie morning of the 14th of April last. On the hotel register I found a name written very badly (r. That is the man. to the Kirkwood House. any courage. whom I knew. though it was similar to who spoke of the suspicious-looking man being there. A. It appears from the register that Atzerodt took room No. Jokes.] then occupied by Vice-President Johnson. by order of Major O'Beirne. Nevins." On the inside of the book was " Mr. and a tooth-brush. — May 13. three boxes of cartridges. In the poekot of the coat I fotind a bank-book of J. — Kirkwood House in this city. one day in advance. Montreal." or " F. I went to the room occupied by this man. Wilkes Booth in account with the Ontario Bank. toM mo there had been a rather suspiciouslooking man there. TESTIMONY CONCERNING GEORGE A. dier's eyes and go right into Mr. on the Cross-exaviincd by Mr." There was also a brass spur. and two collars. I do not know Atzerodt." I did not find the signature been occupied on the night of the 14th. Sprague. was in and stoi)ped at there. underneath the pillow. Atzerodt. [These articles were all offered in evidence.3th of April. was the revolver under the clerk at the pillow. or. the office of the hotel. with Mr. Doster. W. who had taken a room the day previou. and the key could not be found. I found a revolver. I went to the room occupied by Atzerodt after it had been opened by Mr. a colored handkerchief. and al." another handkerchief with the letter " li" in the corner. —May 15. could easily throw a handful of snuff in the solJohn Lee. i. Lee. before that. I think before H o'clock in the morning. and is on the floor above the rooiu rodt. For I the Prosecution this city — May 27. bank-book was an envelope with the frank of the Hon.s a clerk at the Kirkwood House in this Tiie leaf exhibited to the Commission from the register of the Kirkwood House. Between the sheets and mattresses I found this large bowie-knife. Lee. and I saw all the The person I met at the Kirkwood House. and did not see him until between 12 and 1 in the day. I had never seen him President Johnson. Booth. Booth. as I went in. city. It was between the sheet and the mattress. Nelson . I had the ciiambermaid been able to get into only know it was his room because it said so the room the next day. I saw that on the 12th of April. a piece of liquorice. In the I Lyman For I S. a person would pass From tiie book it appears that Atzerodt paid the door of the room occupied by ViceWhen I came down. ATZERODT Robert For I R. In coming down from room 126. $455. room.s. Cross-examined by I Mr. Coi-onel W. and was present when it was broken open. J. When I got there a person employed in tlie house. John Conners. was at the desk of the Kirkwood House that day from 8 in the morning till 12 at noon no one called for Atzerodt during that . A. R. I was not which these things were found [The witness here pointed to the accused. Doster. coming down the stairs. said. Johnson's name. While man [pointing to the ." another marked " K. bv deposit. On the corner of the bank-book was "J. I recognize Atzerodt among the accused. showing a credit of $455. The bed had not gray coat on. I think.^o a map of Virginia. loaded and capped. the Kirkwood House. A. in present when his name was registered. G. 1864: October 27. time. or any thing in the room. A man of in the hotel before. Atzewas No.] The room to Atzerodt when I saw him standing his at the office counter. I found in the room a black coat hanging on the wall. A.

he left. I was in the car. As he mounted the mare 1 said. "Oh. and asked me if that was right. when he returned. Doster. till 10 . At 10 o'clock he came after the mare. He looked into the dining-room. at the Union Hotel. He then told me to put up the mare in the stable. he got on a Navy-Yard car at Sixth Street. down at the Navy Yard. I said 1 would do so." I said. and he was very anxious to sleep there." "Well. John Fletcher. a colored man. on House. before his name was mentioned to turned to Tenth Street. then got When he left me. and 1 had no right to ask ognize if I saw Atzerodt no more till 1 him." 1 thought he was a stranger. I did the 14th of April. he urged me to let him. "how much more are you going to charge me?" "Only fifty cents. "He'll be back after awhile. me till I spoke to him. This was a very heavy. and that I would be there myself at that time. 1 waited with him on the corner of I and Garrison Streets. He rode down as far as I did. Cross-examined by Mr. and he rode down in the car with me to 1 Street. I had a glass of beer and he drank some whisky. first question. The other gentleman said he was going to Philadelphia. Then he asked me to let him sleep in the store. His manner was I told him he could not. he said he would go back to the Pennsylvania o'clock. clothes I followed him until he went down E Street morn. Doster. with me. I believe. between half-past 11 aTid 12. and heavy fetlocks down to the in this city." or ''Get a present. I then returned to the stable." lie seemed to me about half-tight. it was a dark-brown. . and I designated the prisoner. and that he would leave the sale of his horse to Atzerodt. George A. George Atze- On the night of the 14th of April. feet. He said he had sold the brown horse and saddle not notice the precise time when I and bridle in Montgomery County. among the saw him go into the Kirkwood House. and got out where I did. " I would not like to ride that mare through the city in the night.watched until he came out and mounted the wood House. on C Street. near my store." I said. blind of one eye. when he and Herold came to the stable with a dark-bay mare. — May 18. I noticed his countenance more than his clothes. and had bought this mare. and referred him to the VicePresident's servant. him where the Vice-President was I showed sitting at the further end of the room. common work horse. who was standing behind him. He then went out and staid about threequarters of an hour. the stage contractor. I told him again he could not. with saddle and bridle. "Your acquaintance is staying out very late with our horse. the man I had seen at the Kirk. "Yes.TESTIMONY CONCERXING GEORGE accused. 145 Cross-examined by Mr. " Howon the left-hand side of the passage ever. and. and I ordered them to be put up. at the Atzerodt had on dark time. He told me not to take the bridle or saddle oflf the mare until 10 o'clock." I then said to him. with saddle and bridle met Atzerodt." said he. with his yellow man behind him. Atzerodt said they wanted to put up the horses at the stable. This was between 4 and 5 o'clock. away. corner of Thirteen-and-a-half and E Streets. I prisoners. Atzerodt paid the boy fifty cents for her keep. Eeturn" If this thing haping to the stable he said. a brown horse. a lowcrowned black felt hat. and I have not seen him since. my home. I believe that was his I showed him where Mr. and took the other. am foreman at For I the Prosecution. with a heavy tail. Briscoe. and I did. There was no other person at dinner at the time but the Vice-President and myself This man met me near the two or three steps that come down into the dining-room. He went along D Street and Atzerodt. for she looks so skittish. He asked me to take a drink with him. when he sold one of them to Thompson. Atzerodt kept the horses at the stable until the 12th of April. I first her. mare again. where he was stopping. and ing." said I. "She's good upon a retreat. when he asked me if I knew where President Johnson was. but 1 think it was between half-past 11 and 12. " the Vice-President is now eating his dinner. I went to my supper at half-past 6. and he said he had." said he. On the 3d of April. that the gentleman I was with was there. and on When came into Court this Fcr I the Prosecution. Atzerodt] in the passage that leads to the dining-room. for seven or eight years. but he did not recrodt. pens to-night. J. 1 am now sixty-five years of age.and passed Thirteen-and-a-half Street." Atzerodt then left. Johnson's room was. Tenth Streets. out and asked me again." he asked. excited. I did not pay much attention to him. A. whether he went in or not I do not know. I was asked to point out. I asked him he had heard the news. " If I stay until morning. — May Washington 17. you will hear of a present. to the left of D and me. and when I came back tlie colored boy had the mare at the door." that was Herold. have known the prisoner. Naylor. Naylor's livery-stable. Atzerodt and another gentleman came to the stable with two horses. but I could tell him among lifty thousand. 1 was going to the Navy Yard. ATZERODT. By Judge Advocate Burnett. and inquired for Mr. and was very excited-looking. and to keep the stable open for him.

I took notice of that as he walked out of the door to go to his room. " What brings you out so early this morning?" "Well." He left without paying his bill." the ottice he said he had a knife. Atzcrodt. Atzerodt once handed a large revolver into I gave this man Thomas his change. Atzerodt was in the habit of He never stopped stopping at my house. Wilkes Booth was exhibited to the That is the person. Ho view. and wants that. "I have got business. He George A. He may have had others. this man Thomas enough who will give me as much money as went o>it and asked the way to the railway will see me through. I saw him next on the Saturday morning after the assassin. Atzerodt asked for his old room. on C Street. and man. any length of time. the office for me to keep for him. between Four-and-a-half and Sixth I know the prisoner. It was Thomas who asked for the room. between 2 and 3 o clock. Thomas had the appearance of a laboring toward Sixth Street. There he sits. I tliink it was near 12 inches high. —May 17. who. aoout seven dollars' worth of silver. "At2erodt. I had an uneasiness about Atzerodt left my house on the 12th of the thing myself. The man who was with I can not say that Thomas and Atzerodt register his name. was here exhibited to the witness.he had just bougiit. which was on the 18th of March last.50 gold-pieces. Neither of the men seemed excited.hair. man his change. A person frequently called on Atzerodt. Sometimes Booth would come through the hall where Atzerodt would be sitting. and I March. but I have always got friends going out of the door. in dark clothes.14G the car THE CONSPIRACY TRIAL. thought there was someApril. and said to liini. I had just come in the house myself. and returned with a told him it was occupied. [pointing to the accused. in and Atzerodt was going to follow him.. when Atzerodt would They have had freget up and follow him. the Wednesday before the assassination. and that he would have to go with this man. 1 came back. you have not registered. I have since found. as I walked on the steps. kept a close eye on me as I came in. Atzerodt asked for his old room. I should judge. I told him I wished I had known he wanted one. quent interviews in front of my hotree. I am pretty left before I got up. He left my house on return with as at the back near the heels. Atzerodt was lying on the settee in the corner of the room when I came in. and went to his some eight or nine $2. and one for which I had no use. Hia Hotel. Ilis ing. he was a pants were worn through excited. but I judged would leave and walk toward the National that his clothes were worn as a disguise. This man Thomas. Wilkes Booth. The name he gave was Samuel Thomas. where they stood and had their inter. A lady who was They had been drinking. had gone to my room.House. Atzerodt was about five feet seven or eight were acquainted previously to their callfng much my lifetime. to pay for it" So I went down and gave the Cross-examined by Mr. He had never belbre hesitated to think. I said. and I will gold as will keep me all This was said about the 1st of April. and walked going away some of these days. On the 27th of March he left and I told him he staid away over night. When Mr. I think he wore a broadcloth coat. and whiskers were black. and I bought of him plied. "Do you want my name?" I reHe liesitated some. FA photograph of witness. Bailey left ray house. but to pay his stage fare." . and I have never seen him since until now. Dostbr. was J. Atzerodt showed me a revolver had no baggage with him. He was quite dark-complexioned and very much weather-beaten." Btepp)ed back and registered.] lar bill and said.He was poorly dres-scd. with six beds in it. at the Kirkwood afterward a servant came up with a five-dol. but. at other times Booth would walk in and walk back. It was a large room. would have to go with this gentleman. He had no baggage. but I do not think that is the same. several times." He added. moustache. and stopping at the house had given orders for vania House Atzerodt asked me to take a drink. when he said. they though it was very much worn. I room. when other arms. Atzerodt left shortly afterward." said he. As the servant came back from getting the carriage. I told him it was occupied. He had dark hair. for I had a new ation. nine or ten days after he first came to my house. and as the servant was nearly broke. About five minutes [The revolver found by John Leo. So man named Bailey.] In March. 1 noticed. I hardly know whether he had been drink. Streets. On one occasion several young men from got up about 5 o'clock and left the house. There were other persons in the room before Thomas and Atzerodt went there. keep the Pennsylvania House. She did. and I saw no told the servant to show him to his room. For I the Prosecution. He had been there from the 18th of thing wrong. "Certainly. which I a carriage to take her to the 6:15 train. and his weight was about one when he got into tlie car again and left me. Atzerodt.] J. Port Tobacco met Atzerodt at the Pennsyl.so the servant told me. "Greenawalt. he met Atzerodt. "There is a man come in The revolver Atzerodt had was similar to with Atzcrodt who wants lodging. judging from his little manner. "I am depot. hundred and forty pounds. and. he wanted Said he. JoHX Greexawalt.

About 2 o'clock in the morning he came back again. He left between 5 and 6 in the morning. They had no conversaI do not know why Atzerodt and the man tion in my presence. will it make any diflerence to you whether I pay for it now or when I come [Exhibiting to the witness the knife found by John Lea back ?" He said he was going to Mont. he was gone. 1 overtook him about thirty steps from the door. is to make fires. Atzerodt's clothes and boots. Atzerodt came first we closed I I . "Yes. soon afterward.] at the house. but that is the only reason I had for thinking I told Atzerodt that he they came together. and he had whiskers seemed to be young. and he went to 53. carry water. 147 my house on the night of the 14th. I opened the do^ and let him out He had no baggage that I saw. —May 18. Atzerodt. I want the other. I do not recognize the man Thomas among the prisoners. do not recollect seeing that coat before. he asked me to give him a stick or a switch. it heavy black moustache. and to wait on gentlemen that come in late and early. to take the 6:15 train. when they came in. as the horse was shy of the light. was of the assassination of the President. I got up and took it and put it under my pillow. he was walking along slowly. —May 18.] I can not tell whether that was the knife. He came there between 12 and 1 o'clock. and he went off. I do not know whether he had any arms. [Tlie knife offered in evidence. He went away a little earlier. I think. He wanted to go to room was I e. They did not occupy the same bed. Atzerodt went out of the room one morning and left the knife in his bed. but is not 60 dark. on Friday night. small. and had plenty of spirit I opened the door for Mr. [A coat found at the Kirkwood House by John Lee was exhibited to the witness. my house. I can not say that any of the prisoners resemble him. but 1 never saw that coat We generally close the house at half-past 12 or 1 o'clock. that it was an awful affair. In a few minutes he returned. and he had no objection. Doster. I gave him a piece of a hoop. George A." Then he said. When I awoke in the morning. Atzerodt did not seem sleepy. Atzerodt on the and beard in front second visit. would have to room with that man. at the Pennsylvania House. Cross-examined by Mr.- (colored). eerrant told me they came in together. but that was taken up. and he has not got the beard on that Thomas had then. he told me he was going away. the 14th of April. and he was not in I did not see them come in the liquor. Thomas got up at the same time in the mornI have seen Mr. For I the Prosecution. and Atzerodt was in bed when 1. " Have you seen my knife? 1 replied. O'Laughlin. I was not so well acquainted with him as with Mr. That was probably Atzerodt left.TESTIMONY CONCERNING GEORGE A. when knife out of the sheath.at the Kirkwood House. I never saw the prisoner. His bed was opposite mine. I did not see any. I held his horse while he went into the bar. His pistol. Atzerodt. As 1 was going out for a hack to take a lady to the 6:15 train. fastened to the belt Cross-examined by Mr. ifone fails. Atzerodt have a belt. four or five days before that Friday. went into the room. About a week or ten days before the assassination I occupied room 51 with Atzerodt [The largo bowie-knife found at the Kirkwood Honse up to let him in. and he said. R. and occupied the same room. I do not know that I would know him. and went straight to the room.] the Prosecution. When he came out. man to their room. [The coat found by John Lee at the Kirkwood House was handed to the witness. witli ing. I owe you a couple By the Judge Advocate. The gas was down pretty low 51.] It was something moi-e was like that. That man [pointing to the accused. but I never saw the the Wednesday before the assassination.xhibited to the witness. went to his bed and looked about and then said. I have seen the prisoner. "Greenawalt. James Walker jPo. [pointing to the accused. I asked him if he had heard city. on foot this time. at It was in the sheath. wliich would not swear that is the knife I have seen in Atzerodt's possession. but the man seemed to have on dark clothes and a slouch hat He paid in advance." and I gave it to him. gomery County. a revolver. [Exhibiting a bowie-knife found on Atzerodt. I could not be positive it is the same man. ATZERODT. he always carried round his waist " . and took him and the other By the Court. I did not see any arms with him. and he said he had. Atzerodt. ''1 want that. in this on the night of the 14th of April last I went to the hotel about 4 o'clock on the Saturday morning.] he had commonly occupied. Keim. Edward Spangler] resembles him somewliat. in this city. of days' board. The horse that I held for The man Thomas had black hair and a him then was a light-bay horse. On a pistol and a knife. Another man came to the house about the same time that night. business at the Pennsylvania House.] I never saw Atzerodt wear that coat.] at . who had been stopping there a couple of weeks. I had to get My Lieutenant W. Ewing. and we had not closed on the Friday night when Mr. but it was one about that size. here it is. have cleaned Mr.

4 Barr's Report. which put the mind of the prisoner in a state of fear. next to Creaser'a being heard. 1 Washington's Circuit Court met. fiuenceof fear when lie made that confession. By Mr. He then asked me to lend him $10. 85. Mr. inducement of hope or fear. We Marshal James For L.\te. two or three whisky-cocktails His words. made it. and asked me if I did not want I told him I had a watch to buy his watch. years. Creaser's is on F Street. loaded and capped. expecting him to pay it back. Mr. When I spoke to him or not I can not say." On but that she did not want it house.] he not in irons at the time? A. he was in a cell in the prison.] whom I knew. I respectfully submit that a confession made under such circumstances is not admissible. and did not want another. on the night of the assassination of the Fur the Prosecution. because it was made under duress.] private person.] 1 have had that knife in my Btorv window of the house. —May 18 — Matthews k Co. and if there is a trace of to her and asked what it was. I me this knife in a sheath. when that man. I did not see him after that He always addressed me as " Lieutenant. [A new revolver.\ bowio-knifo was shown to the witness. It was loaded and capped as it is now. and the fact that the man was in prison. before. which I did. in front of Creaser's house. Atzcrodt. and said. tion with the confession. Was if he chooses. McPhail the Prosecution. and I let him have the money. Dostek. were. and in irons. and. it was perhaps five or ten minutes before I Jle was in bed. and she gave fear. " If this fails. in any way." It was about a week or ten days before the assassination that I took the knife from his bed. and that was about all lie said. On the morning the streets of Washington.\M CLEXDENiy. Doster. was handed to the witness. was about 6 o'clock in the morning I saw the woman pick it up. Mr. The Judge Advocate. his revolver off. as near as I remember. had had. President. Q. or even in irons. Doster. Poster. under the carriage step. or to conceal it. It lay in the gutter on F Street. I claim that the prisoner was under the inFor the Prosecution. the prisoner. I made no promafter the assassination. and 1 went fession was made. I did not inquire of him quoted from the case of Commonwealth v. " Lend me $10. at about 8 o'clock. after my asking him how lie was. opIt when posite the Patent Ofiice. 1 Greenleaf on Evidence. take this as security. Atzerodt. said he was going into the country.\dvoc. I saw a colored woman pick up something The Judge . that a confession to an officer. Do. I ise or threat to him. There was neither threat nor promise. as I was passing the witness tlial he should be allowed to state down on the morning after the assassination. about the assassination. know him the prisoner. I received an intimation from the prisoner. of my own. he said it was an awful thing. 36.stek. 2 Russell I had never loaned Atzerodt any money on Crimes. This is the revolver. I thought the revolver was good security for the money. I am Provost Marshal of the State of Maryland. and he stated to me that. 214. . 625. and his mind be perfectly free to speak the truth. and I will bring the money or send it to you ne. to the efiect why it was loaded and capped. A man's limbs may be chained. or hope. I think it is due to out of a putter. John Caldwell.-*. must be unattended with any Cross-examined by Mr. apiece. as if the intention were to throw it there. he had thrown his knife away in I reside in Georgetown. ^fay 18. [pointing to the accused. we were always civil to each other when we 263: 2 East's Pleas of the Crown. and so on. and must be I have known Atzerodt for three or four founded on no question calculated to entrap We were not on very intimate terms. precisely under what circumstances this conShe was about ten feet from me. as we lay in bed. 644. I told her that 1 would take down to get it. 1 Chitty's Criminal Law. I went to him. as well as to a [The revolver was offered in evidence. Yes. May 25. WlLLI. 49 High Georgetown. 2Starkie. in connec- the Saturday morning after the assassination. perhaps. on F Street. does not affect the question of his mental liberty.148 Cross-examined I did not b*/ THE CONSPIRACY TRIAL. that he desired to see me. • Mosler. A lady in the third shall not insist for a moment on the answer [. told me she saw and sent the colored woman it in the gutter. between Eighth and Ninth. the other will not. Atzerodt. George A. I told him He then took I had not the money to spare. 265. — and without that intluence would not have hands before. came in. and was at Street. when I went into the room where he was. to come into the it to tlie Chief of Police. and referred aKso to 1 Leech. shoe-store. Reports. but whether undressed epoke. had been drinking together. I did not speak to him immediately. Doster.xt week. Cross-examined by Mb. in support of his objection. or incitement of that kind. when I gave him back the knife. beat tlie fore meeting Pennsylvania House. sir.'s store.

I must object to that. Germantown. two or three years since I first became acquainted with Atzerodt. I asked him if there was a man named Attwood there he said no.] A. On the Sunday following the death of Mr. they might have been talking about it before I came into the room. just above the Herndon House. Richter' s. When he came I told him to come and see. at Matthews & Co. Herold. acquaintance with him I knew him when I Marcus P. Atzerodt. Doster. all of which he stated belonged to the accused. to the door. and he told me that he had not. liim a single question to induce him to make a confession. and which I thought was a fictitious one. at the house of a man named Richter. and to press him as a guide to the house of Richter. he represented himself as coming from Washington. or inducement of any kind made. and said that as for that there were He got a light.'s store. it was likely to be so. he remained some two or Two young men named Leathree hours. and borrowed $10 on it. and was traveling in the direction of Barnsville. Stone. about twenty-two miles from Washington City. and eat his dinner there. I knocked at the door. if he had any thing to say to me. David E. I should state that a brother-inlaw of Atzerodtis on my force. and taking three men there. and other articles there. or promise. When I saw liim. when he said that his His wife then cousin was up stairs in bed. and of a pistol. June 3. Mr. and a conversation came up about General Grant's being shot for we had understood that he had been shot on the cars when Atzerodt said. and I took liim to Mr. that he had been there. May 17. tween 10 and 11 o'clock on Sunday that Atzerodt came there. " If the man that was to follow him had followed him. Cross-examined by Mr. and he gave me a name that I did not understand. was at house. he afterward insisted that that was the name he gave me. I arrested the prisoner. or to that neighborhood. Leaman told me it was the man. saw him.. Atzerodt. For the Prosecution. and that is the reason why I did not understand the My . Mr.TESTIMONY CONCERNnifG GEORGE Witness. He had gone to Caldwell. Lincoln. and he has gone by that name ever since I have Assistant Judge Advocate Burnett stated known him. with a detail of Atzerodt stated that his pistol was in the possession of a young man by the name of Caldwell.] on the 20th of April. On the contrary. went up stairs. Georgetown. [The Commission overruled the objection. near a place called is on the corner of Ninth and F Streets. of War. — George A. 140 It was bethe road that leads to Barnsville. I had but a slight name. Mr. Purdon and get a description of him. a loyal man. but him . and afterward in his cell. is We — — two men with me. Sergeant For L. and he said no. the prisoner. hanging in the room at the Kirkwood House. [pointing to the accused. and for a time a brother of the prisoner was on it. as I understood. tained. George A. The conversation about General Grant occurred after I got into the room. orders from Captain Townsend were to arrest a man by the named of Attwood. Leaman. spoke up. he might say it. He went by the name of Andrew Recalled for the Prosecutioii. I told him to get up and dress himself. I reside in Montgomery County. George A. and I was ordered to go to Mr. and they repeatedly told me that Atzerodt desired to After consulting with the Secretary Bee me. which. I told him that 1 could make no promises to him. but denied having given me a fictitious name. Doster. Norton. Cross-examined by Mr. I do not remember the name Atzerodt gave me. had not something to do with the assassination. Richter asked me twice who it was before he would let me in. Purdon's house to get When as guide to Mr. Attwood around our neighborhood. That my the man. where I found Atzerodt lying on the front of the bed. Atzerodt. Md. had gone Hezekiah Metz. to Frederick. — . six I was sent there for the purpose by Captain Townsend. I think. My house is about a mile from to the Commission that since the case was . on the morning of the 15th He also spoke of a certain coat of April. a pass was given me. I asked him his name. —May 17. Doster. Gemmill. about 4 o'clock in the morning.] He was just from Washington. Atzerodt said he had thrown his knife away. were inquiring about the news. DosTER. There was no threat. Cross-examined by It is Mr. The answer has been obI do not wish to press it further. I do not remember that Atzerodt said any thing about the assassination. W. I then told him that I was going to search the house. men. the Prosecution. I first went to Mr. man were in the room when Atzerodt made the remark about somebody following General Grant. Atzerodt made no inquiry as to why he was arrested. who knew him. and " would not swear that it was not " Atzerodt. but I did not ask I had nothing to say to him. and I saw the prisoner." Atzerodt passed in the neighborhood by the name of Andrew Attwood that was the name by which I knew him. I asked him if he had left Washington I then asked him if he lately. ATZERODT. I saw him first on the gun-boat. [pointing to the accused. there was no one there. He spoke in German. bowie-knife.

New York. Jwne 8. DosTKB. Bosteb. I did not consider it as National Hotel in this city. I had the custody of the prisoner at the bar OB board the monitota Saogns and Montank. Weichmann P*g^^ 1^^ H^ times. and Booth being coupled with it. I knew J. At. Homer think the 3d. in The Commiwion decided to admit the testi.\TZERODT. testi. in Boston. Lloyd. eren atler the case Recalled for ike Proteeution. Modd. I aiw the pnsoners. New York. Booth. having seen him several times at thei Johnson: bat the assa^ination of the Presitheater. Sarr«tt ^ 132 ~. At the time of hearing From about the 10th of Janoaiy ontQ about the conversation between Booth and Atzerod: the 10th of March. Mr. Atscrodt.. This is a proposal on the part of the priaOBcr. sabetance of it was.. but the woamj of imponaace had been dLscoTered. I " 2:i4 Ea:oa G. tliongh I do not think he had as much AflBiBtant Judge Advocate BrxxKir stated <rf' a scowl on his tux as he has now.. and of bis innocence. as he would otherwise speak through one of his co-defendant& 1 ask thi^ as a matter of fairness and liberalitv at the hands of the Commission. it was allowCrost-examtHed by Ms. 1 doMil ott ihe p*rt of the proeecuiion. able to call new witneeaes at the diacretioD ortheConil I have seen Booth plav in Washington. perhapi^ within two or three to allow the introduction o( testimonj after feet of them. A. and Samuel A. that in militarj courts. I ebink. their partj would get ia cooncctioo with J. can not recall how manv times. eridence that would affect the prkonera iiJ-i diTidoaUj. inaugniation of President Lincoln. U. Wilkes having reference to an attempt to poison Mr.. 1 have no more to aak the full a f . bv his countecance and general featwas stiictlj in rebnttaL ures. Mr. M. Atthe proseenUon had beoi doeed. . Cox objected to the introduction of anr j i vr ^. it was on the even" 139 „ John Holahan ing of eitho the 2d or 3d of Mardi last. terriUj stdd. The JiroGB . Mr. On one page 130 J. in which I saw hiiu. a N. except what zerotlt. is what zerodt and Michael O'Laughlin. bat I monj. that if the matter sucttndii^ to implicate George A.. had been closed on both sides. BoarxKB. except as to eridence Booth look place in the rotanda office of reflecting light on the general conspiracj the National Hotel. George A. if there is any evidence of it._ tYosM-rxamtntd by Ma. Wilkes Booth.dent. I was slopping at the at the National Hotel. statement of his guilt in this transaction. I remember the prisoner. DosTEK. earlj in the evening. if there is any guilt. as It was eontrarr to the practice of dril courts I was i^iuing. DosTSB. I can not give the preciae I - \ — I I j | I j ~ — DEFEASE OF GEORGE Cauais Fkaxk Mo»». Before going further with the eraminatioB of the witness.. with old Buchanan. 150 THE COSSPmACT TRIAL. and once. as I sat on Honor* Ficzpauick. I saw See also the testimonj of Atzerodt twice. " 132 Eliia Holahan the same seat with them . that his eonfoesions made to the witness shall be heard by this Court as tertimony in his lavor eonfassions in r^ard to which no evidence whatever has bc»ai in- — trodneed bjr the Govcmment I can not andetataDd on what grounds aoeh an application eaa be urged. Atzerodt. witness then. for the reason that thev are co-defendants. nor the pieces I reside in the city of Tror. becatise he has been debarred from calling any other prisoners who might be his witnesses. He aaks his statement to be placed on record. tion between AtserodI and Booth. prior to the has tamed my attention to the conversation.laoguage us<d in the cooTersation. For tke Defemu^—May 3a By Mk. " oceasioB I accidentally heard some convoaar IZO Anna E. Johnson as it did Micliad O'Laa^hlin.\dvocatil It is greatly to ba^^ deplored that the counsel for the accused will ^ urge upon the Court proposals which they know to be contrary to law. and (XLanghlin three or four Louis J. the understanding bong that the The conversation between Atzerodt and proaecation was dosed. tv IXostsb. He therefore asks that he may be allowed to speak through Captain Monroe. cceded as well with Mr. in converaation with Booth. I wish to submit an application of the prisoner in writing. The prisoner desires to make Mr.

and keep a livery. Popves restaurant. and the gentle. Yes. After supper. because I know the laoxABD J. I was coming fix>in my ab«out 2 o clock in the afternoon was returned work at the Xavy Yard one evening. 901 —Ma^ On the evening of the 14th of April . The and several other names in Washington.. I am a stable-boj at Mr. She met this gendemaiu I did not know him at was about in tbe same condition as when she the time. The man stopped took bis horse out. I rallied. went back to Mr. I shookl think it I am one of the proprietors of the livery.] hare out of my stable a small bay mare. Fabwelx^ work that I did that day I made two spring blocks for Sanderson i Miller. Barr was not sober at the time: he had been drinking a little Samuel Sigth. my knowledge. number of persons in Maryland. a wheelyrigbt in the Xavy Yard. ATZEBODT. the |sisoner at the April last The hay mare that was let «vt bar. Atzerodt vma desired to staad np for itieotificatioB. Vice-PT>e$ident Johnson. DBFKVSB OF OSO^GB Matthew J.night Q. The gentleman no light on the sidewalk. Stanley Hignotice of him. and I did not notice the poson who brooght Lad. was taken out I proposed to him to go home and take sapper Crost-examiMed by Assistant Judge Adtocate with me. and th&t he buy and sell horses. on leaving Fords Theater. the 12lh of Aprilf — By Mb.When Atzerodt engaged the botse. Atza^t. between 9 and halffaet 9 tha^ stable. that I did not take much was a coach-maker by trade. I can tell the exact day that I could teU she had not been' ridden hard. He said he There are many applications at my stable to knew a good many persons there. and blind of one eye: Assistant Judge Advocate Bubxett obITht. Wh«i I went to the stable next was in the stable. I find it was Jkr the Dffduc Jwm 3L By Mk. Bj broaght the mare in. last.hire. and there stable. a couple of drinks. and I went oat there and That is the last I saw of him. the bozse was there hours. Defaue. Dosteb. to tbe room of By Mb. but it was voy dim: and thoe was went to Mr. George A. I went immediately to the Kirkwood House. 151 let the prisono-. For th€ JJcjcmc. ures he was very mnch such a looking man Atzerodt wrote his name on the slate in a bat if it is the same. Doster. some two or three morning. bat horse was pat into my stable. It was by feeling ho* ride off referring to my book. ]>erhaps aboat the 12th of April I do not know the exact day a gentleman called you have a convereatioa with him ? A. The horse tamed. and the gentleman took his horse out and rode him away. back the mare there was a little light in the and took two more glasses. hands high. on which this occurred. They I was not theze when the hatst was recame back together. He also gave me tbe name than I had use for. he is not near so stoat as tolerably good hand. did dent. He left there with a man named Barr. Kelleher s staUe. UDiil recently I kepi a restaurant few days before the assassination of the Presi. [pointing to the aceused. I etable on Eighth and £ Streets. It was some time after of John Cook in Washington as a referenee. Baks. James Kellehes. BrE>-ETT. by Assistaxt Judge Adtocate drink. Pope's stable. 2. but we bad several drinks togetho'. sir. once before.was between 10 and half-past 10 o'clock. to the best of I live at the Xavy Yard. A — — : : JoHX H. I think. Popes restaurant. large bay horee. —Junt Pope. the Defc-^Lic —May SOl ihe Dijentc —Jyim By Mb. and tbere my knowledge. We then went out. was at the stable on the night of the 14di of I have seen Atzerodt. rettimed to the restaurant again. that I bad more horses recall any other. Dosteb.priaoiier. it was a Q. and he did so. we BrEXETT. He first gave a can not say positively that it is the same. On the 14th found the room door locked. man went over to my restaurant and took a Cron-examined. and he gave me ee-rwhen he broaght the horse to mj stable I eral references willii^j. I rapped a^^in.] jected to the question as incompetent That man has something of the same featThe question was waived. State what tbat oonTeraatioa was. Atzerodt. A.I do not remember them. b«t of April last^ about half-past 2 in the day. : ^m : . Geoi^ A. and in the course of the evening to the best of stopped at Mr. For • For 5. 1 recdving no answer. I !I>ost£b. and I saw him get on and outside the door. it was about 11 o'clock. I told him 1 did not want to gins was one to whom he referred I can not buy the horse. sixteen and a half By Mb. at my stable to sell a bay horse. and said. He paid me five doDan ibr the The horse was r^nmed. F<fr the Dosteb. 12 or 1 o'clock at noon that be came. I think.

—May By Mr. Metz on the Sunday morning I broached the following the assassination. and he said. Give the words. for about two years. it is so. and asked him whether it was so or not He and he said he did not suppose it was added. was it? I took A. session of my brother. That was about all he said at that time." I then asked him if it was true that Mr. and she had slighted him some time before he went out into the yard. By Mr. so or not. Q. in a loud voice. . and he replied. I remained in Mr. For the Defense. I was at Atzerodt. on the corner of Seventh Street and Louisiana Avenue. my what a trouble I joke."'.xhlbiting to the witness the black coat found at the among the neighbors thei*e. whether General Grant was killed or not. —May 30. and met Atzerodt there. can not say whether I took hold of the hanI did not see any one apparently dle or not lying in wait near Mr. " More than I said. also the handkerchief marked " H. As I the yard. " Are you the man that killed Abe see. ever since he was a boy." conversation that 1 had with him. if you I believe are in the room. fused at the dinner-table. " Why. need not state what he said in the yard. have known the prisoner. but not killed. and laughed. and nothing else. Mr. By Assistant Judge Advocate Burnett. —May 30. "No. " If it is so. is it so?" I asked him if the President was assassinated. He said. George A. and he was down in the mouth in consequence. I also rang the bell and that passed in reference to this in my presence. A. Johnson's door. have seen the prisoner Metz. that if it is had been. the was quite a boy. Leamax. he would have been killed half an hour. That is unnecessary you Mr. Doster. DosTEK. Doster. but I which "that Grant got on. Go on and state what he said to you in President. borhood. " Well. sir." was not in Atzerodt's company more I did not allow any of them to come in. I to trouble you ?" Said he. but am not certain. table that I did not hear. my brother asked him the question again. For paying his addresses to the daughter of Mr. I am an apothecary. with the exception that when he and I were out in the yard he said .i throat was cut. I ! — — of it. or rather cut at the throat. DOOLEY. approached him. some time afterward." While we were at the dinner-table. the house of Hezekiah Metz on the Sunday morning following the assassination of the Q. Seward was stabbed. " Yes. I was at the house of Mr. Atzerodt. him until the last year or two. —— George A. Atzerodt had been paying his addresses to Mr. I doxiot remember number of persons came to the door. I took charge of the door." I the door was locked. Andrew" he went by the name will ever get shut of" "I want to know the of Andrew there . and he said.se it is so. I said. There was no remark made at the dinnerI the Defense. unless he was some gentleman personally known to than half an hour. and he died yesterday evening about 3 o'clock. some one must have got on That was all the the same cars that he did. and I had seen but little of prisoner at the bar. Doster. subject of General Grant being assassinated. "Yes. I thought Atzerodt seemed somewhat conhad a guard placed at the door. and that was about all the Vice-President." 1 then asked him if what we heard about General Grant was correct. in the way of a A. the Defense. Johnson's room about if he was killed." I said to him. what have you Lincoln?" "Ye. "Governor Johnson. Doster. By Mr. The tooth-brush and liquorice found at the Kirkwood House have trade-marks on them that I^m positive do not belong to my establiehment Somerset Leaman. probably by a man that got on the same and locked and bolted it on the inside. I have known the prisoner. Atzerodt. and it appeared that she had been showing him the cold shoulder that day. F. it for granted Assistant Judge Advocate Burnett. He had been [The witness was here requested to look at the prisoner. For the Defense. Metz's daughter. Seward'. —May 30.] I do not know that before. I miiet see you. Atzerodt's father had settled in our neigh- 1 am the sister of David E. Miss Jane Herold. but moved away when Atzerodt The handkerchief J^viiES E. By Mr. 31. and two of his sons were stabbed."] I think I never saw that coat in the pos." said he. Herold. Ue answered. and two of his sons stabbed. For H.were respectable people. That was immediately after you had been speaking of the assassination. I don't know whether truth By Mr. He visited rE. I don't suppose Ire was. does not belong to him. I don't suppo. " No. No. that he was assassinated on the same night. You need not state what you took for granted. I should have heard it.—— 152 THE CONSPIRACY TRIAL. A car" or the same train. Doster. many of whom Kirkwood House. " 0. George A.

Booth probably did or seven years at Port Tobacco. I have seen him in bar-room scrapes. I will withdraw my objection. tional coward. Assistant Judge Advocate Bingham. by a long streak. he rode a sorrel horse. Witness. it By Mr. During the month of April I saw a pistol and a dirk in Atzerodt's possession. that if he had been assigned By Mr. the Port Tobacco. he never could have done it. men have heard say that he Alexander Brawnee.] For the Defense. did not have much conversation with him. Doster. Montgomery County. He has alnot assign him to any such duty. We looked upon down there. On the evening of the 14th of April. save from othei's. it is just as relevant as any thing can be. [The knife found near F and Ninth Streets on the morning of the loth of April was exhibited. For the Defense. man. he rode up to the door [Pennsylvania House] and called the black boy out to hold his horse. six his known cowardice. He was down at Port Tobacco about the latter part of February or the beginning at of March. Maryland. He was at Port Tobacco about the last of February or the beginning of March. or notice whether he was excited or not. —June 8. 153 — Mai/ 31. and I have seen him get out of them very fast. Louis B. I have seen him in scrapes. I think I saw him for a day or two. Sasiuel McAllister.DEFENSE OF GEORGE Hartman Richter. Atzerodt. from I have known the prisoner. Atzerodt.] Those are not the knife and pistol. He had on a kind of gray overcoat when he came to my house. For the Defense. For the Defense. is a coward. —June 8. Doster. He came to my house about 2 or Atzerodt. Doster. By Mr. George A. or to hide himself. show that this man is — . six or eight years. I object to that. the duty of assassinating the Vice-President. and remarkable for his cowardice. I have heard would not resent an insult. — May I never considered Atzerodt a courageous 30. Doster. fellow. and I noticed nothing peculiar about him. ATZERODT. on which he loaned SIO. May 30. A. He gave them to me to keep for him. By Mr. Certainly ways been considered a man of little courage. and where pistols were drawn. Mr. fTlie knife and pistol found at the Kirkwood House wero exhibited to the witness. I call to mind two which I saw him one happened in my shop. that He for is know him. Q. and am tion for cowardice. I did not take particular notice of him. about 10 o'clock. and occupied himself with walking about. and going among the neighbors. working in the garden a He little. I have known prisoner. I had some business in the country. I have known Atzerodt for probably ten years. Doster. If the counsel wishes to prove that the prisoner. and that. Doster. I know nothing what of his reputaI a cousin of the prisoner. I met him 3 o'clock on Sunday afternoon. That looks very much like the was a knife of that description. His reputation is that of a notorious coward. intend to May it please the Court. I do not think we are going to try his character for courage. did not attempt to get away. I in the morning.] it. I think he came from Bryantown. That looks very much like knife. little scrapes. Do you know any thing about his reputation for courage ? Assistant Judge Advocate Bixgham. on my road to church. a constituFor the Defense. by folks as a good-natured kind of a never gave him credit down our difficulties courage. B}/ I live in Mr. and made pretty fast time. I Washington Briscoe. [Exhibiting to the witness the pistol identified by John Caldwell. He remained at my house from Sunday till Thursday morning. When he was arrested he seemed very willing to go along. and the other in an oysin both of which I thought he ter saloon in way much — — lacked courage. Atzerodt. Harkins. and he generally got out of the way. I live in and he went along with me. Md.

Seward's room. 1 hallooed to the soldiers. hallooing " murder. Frederick went into the room and came out. g<^ing on a horse!" running. He liad a little package in his hand he said it was medicine for Mr. and attend to the door. that he must see him. he had jumped back and struck Mr. but I would not say for certain. I live at the house of Mr. and I have not seen him since. "I am the proprietor here. and tlien not remember any particular circumstance he started toward the step and said. He had on a light overcoat. and he wished to have dinner before the regular dinner. corner of Ninth and F Streets. Lewis Payne. Martha Murray. Then I ran down eral stairs and out to the front door. [pointing to the accused. Mr. and ran out into the street. he said it in just that way. and the medicine in his left He then walked up the hall toward the steps I had spoken pretty rough to . turning the corner there. " Well. Seward on the night of the 14th of April. that's all right" I thought he might. if you can not leave your message with me. Seward. I got on the steps and went up in front of him. and to give him the and he would take it to him. and was a good while talking with me in the hall. liis features are familiar to me. the day of the assassination. "0! I know. By the time I could look back. " Do n't walk so heavy. it up.154 THB CONSPIRACY TRIAL. that liis father half-past 4. ick Seward on the steps this side of his father's room. Mrs. opposite the Patent Office. He went into the dining-room to eat his dinner. Mr. Verdi to direct Mr. and did not run any more until he got on his liorse and started off. and he might go up and tell Mr. got down about three steps. and told him that. and that he was sent by Dr. I saw this man run out and get on his horse. or something of that kind. Seward. By that time there were three soldiers who had run out of When the building and were following me. I told him that he could not go up. he must see him. that is two doors this side of Mr. have dinner at We him. He said he must go up. told him he could not see Mr. of that kind. "You can not see him. He told Mr. Frederick said. and ran back again. For the Prosecution." and then ran down to Gen- Augurs head-quarters. about 4 o'clock. so I gave orders for the dinner to be cut off and sent up to him. Secretary of State. perhaps. you can not leave it at all. and then Mr. and his son. I do not recognize either of the prisoners as having visited this man. and when I found out that he would go up. cat-a-cornered. Frederick that he wanted to see Mr. listenHe had his right ing to what I had to say. Seward that I would not let him go up. and tell He was walking slowly all the time. lie was two weeks in our house. lie talked very rough to me in the first place. turned arouiul to him and said. and that man came in. and this gentleman came into the sitting-room and said he was going away. I when I was falling. —May 19. I followed him up as far as . Wm. TESTIMONY CONCERNING LEWIS PAYNE." He kept on talking to Mr. Verdi. he could not see him. —May 19. be sent by Dr.] I think I have seen him. Mr. then he repeated the words over. in his hand. Seward how to take it He said he must go up. The only one of the prisoners I recognize as liaving seen before is that man. He left on the 14th day. he must see Mr. I asked him to excuse me. "There he They slacked their is. 1 would take Mr. Frederick of him. I remember that he once came in with two gentlemen to supper. Seward from Dr. Frederick. Verdi. Frederick. Mr. Seward. Fredernot to walk so heavy. Bell (colored. and if he would give me the medicine and tell me the directions. Frederick said. He must see him. I started in front was medicine. As he went up I asked him He met Mr. and stood there with the little package to me about engaging a room for this man. Lewis Payne] came to the house of Mr. Seward. and did not know he had a horse until I saw him get on it. Seward how to take it. The bell rang and I went to the door. 1 that it was against my orders to let any one go up. I do not remember that any one spoke asleep. H. and he lefl on the Friday. — For the Prosecution. He said.) and started to come down." Then he had a little more talk there for a while. That would not do. My husband keeps the Herndon House. I did not see the guard. but he had no hat on when he came out and got on his horso I did not see his horse when he came to ilie hoiise. he threw up his hands and fell back in his sister's room. I got way back to the house." Then by the time I turned around to make another step. Frederick would not let I am spoken to by so many that I could him see Mr' Seward no way at all. That man [pointing to the accused. I guess. hand in his coat-pocket. saying. " and then he mumif I can not see liim bled some words that I did not understand. and wanted to settle his bill.

knocked me face was very red at the time he came in. and put my finger right here. He had a . As soon as it was opened.] Mr. he struck me pants. and Seward's house on that Friday night. BeLl. coarse hair. On The in That man [pointing to the accused. Eobinson. and pressed by me to the bed of Mr. I noticed his boots that night. Doster. that he was cheek down to the neck. and did not appear to be a very high horse. —May out. I know never saw this of. but they all said afterward it was a pistol. The light was neck. very tall. but at I Street he got away from me altogether. Seward. I saw him strike Mr. it was a very stout animal. and struck him. and opened Mr. and to be mounted all over with silver. this time with his fist. 19. I did not hear the man say any then put up. to you. and he asked me was a large knife. where I lost sight of him. He rode a bay mare. down to General Augur's head-quarters. very fine voice. light overcoat. He did not go very fast until he got to I Street. Seward. into the room together. and the hat identified by Colonel Wells. and a brown hat. which might have been made by tlie for giving the information. [By direction of the Judge Advocate the handcuffa were removed from the prisoner Payne. who then fell. It in the room at the time. Frederick Seward. Nobody had offered me any money neck. Wells. and he. [on the found one cutting his face from the right lip. Colonel there. very fine voice. Seward. and a cut on his the man. He had he just said. nor did I man about I the door that 1 Sergeant George For F. I was at school four or five years. I have been at Mr. and he turned right out into Vermont avenue. H. the "I will bring a man in here and show him first time he struck him on the right cheek. and the same black pants. it seems to me he went very slow. His with a knife in the forehead. and from Major Seward and ran down stairs. and I told him there was not. I enI saw the same boots on him the night they deavored to haul him off the bed.unclinching his hands from around my neck. and partially down. I opened the door this man stood close up to He had on very heavy boots at the time. the 14th of April last I was at the residence of Mr. When he came to that coat. who was confined to his bed by injuries received from having been thrown from his carriage." and commenced hitting the same look as he has now. Frederick at least five minutes while up the door to see what the trouble was. one corner of it was bent down over his eye. Secretary of State. because I kept up with him till he got to I Street. He had on a white collar. do not know how old I am I guess I am between nineteen and twenty. I do not know what he struck Mr. blade down below his hand. Seward's nine months. in the third story. I did not wait any longer. Cross-examined by I Mr. Mr. Seward's he had on the very same hat he had on. The first time I saw the prisoner after that he turned upon me. and William H. Frederick Seward with. I had taken it for a knife. sitting in.TESTIMONY CONCERNING LEWIS PAYNE. was inside. acting as attendant nurse to Mr. There were twenty or thirty gentlemen knife with which he cut my forehead. When he jumped round. and then captured him. I did not observe any horse. who put on the dark-gray coat. as Mr.] asked me to struck me again. but he looked him on the head. bed at the time. One of his arms was broken and his jaw fractured. and no threats had same blow. he had very black. I afterward examined the wounds. and over it the white and brown mixed coat. wounding him. and as there near his father's door. I Street and Fifteen-and-a-half Street. and then broke away hair. I 1 noticed his hair and his pantaloons. They sent [Major Seward] came into the room and Between the two of us we got for me about 3 o'clock in the morning to go clinched him. I told him he had black knocking me down. In the scuffle. Frederick. and I walked right up to this man. Seward was partially been made to me. 155 I ran out. or by the door. the left side of the neck. the same him from behind me until I heard him say way he looks now. . but I had hardly missed pretty fiery out of his eyes at me. I followed him to I Street. some one night was on the 17th of April. He talked to heard a disturbance in the hall. Those were all I he came and talk with the man 1 closed the door. and was about ten inches long. Seward twice that I am sure of. — May 19. see any person on the pavement when came the Prosecution. and am second waiter.] and told him I knew him. Seward with the same broad across the shoulders. tache. and he held it with the I saw him cut if any gentleman there had hair like him. Recalled for the Prosecution. a thin lip. "You." I was leaning down behind the desk and then he seemed to be cutting around his so that I could not be seen. and another on When he struck Mr. Lewis Payne] looks like the man that came to Mr. It appeared to be round. A him to the door. with large whiskers and mous. I saw him raise his hand twice to strike Mr. [Colonel H. As soon as I could get on my feet. but when I saw him run out of the house. and a good many men walked thing during this time. I must have beea within twenty feet of him. so I took him to be. He then said. and looked quite nice to what he looks now. and that is that word. but turned round and went down stairs. black it. describe this man.

immediately on taking hold of him. I think nearer five. but tl ' . and the hat found at Mr.had entered the house for the purpose of I should judge that to be the hat. I suppose it was five minutes before I went back to my father's room.did not minute. [A slouch felt hat was exhibited to the witness. It may possibly have. After he was gone we picked up a revolver.] it straight hair. It was found to fit him. I was injured pretty badly myself.] he had attacked the persons in the house with a knife. Frederick Seward down bottle or decanter that he had seized from on the floor. and I saw what appeared to me to be two men. While I was pushing the man was gone. and after my own head had been bandaged. Seward. I sent for the doctors. before I got back. to see if the man had ridden off on a horse.] looks more natural now than he did before. It was such a wound tliat I should have supposed could have been made with a knife. During this time he repealed.156 noticed. I did not examine my brothers wounds. I then went into my room and got my pistol. not see it. I .bag. but after [hira out of the room. door.] — ard's. which was discon. and sprang away he unwound his arm from round my neck from me. down rather low. the clothes on his breast the person who was held. it left the covering of the brain open. While standing at the [The hat and revolTer were both offered in evidence. and think I should recognize it. he struck me five or six times on the bed. I found. Lewis Payne.] attempted to return. the first I saw of him was after the table. Payne. taken me a That is the revolver picked up. and one under the left ear. time that the man was an assassin. I am not sure about it. Recalled for the Prosecution. — May ther's 26. I saw that large man. After my faI got up stairs again. intending to shoot the person. [A revolver was exhibited to the witness. It might not have been five minutes. Quite a large crowd came around the door. was directed to stand up for recognition. and found that he had one very large gash on his right cheek. After the pieces of fractured skull were taken out. Seward. Sew. near the neck. Secretary of State. and so remained and it was four or five days before I saw what his wounds were. I did not see Mr. and 1 went back to the him. and that It fitted him or not. pistol was picked up in the house. I then realized for the first May 19. clad in the coat and vest in which he was arrested. and once on the left hand. as father. the servant boy came back and said place the hat on the head of the prisoner. day he was insensible. I shoved the person of whom I had Mr. ran into my father's room in my shirt and the The gas in the room was turned drawers. a little after 10 o'clock. and was at his home in this city on the night of the 14th of April last. delirious. but the surgeons seemed to think it was made I heard that a by the hammer of a pistol. no bcflrd. standing up. supposing but. and was forehead and top of the head. I He examined it. one trying to hold the other I seized by at the foot of my father's bed. Knowing the delicate state of my brain. hut certainly three. the words. as it was in the bottom of my carpetI then ran down to the front see this part. [A slouch felt hilt was exhibited to the witness. in fact. Sew. The thought then struck me that the nurse had become delirious sitting up there. may have I j been more. the guard was directed to door. with the understanding that I was to be called about 11 o'clock to sit up with my father. and I looks had a view of the expression of his countenance. when I jumped out of bed and am . I found then that he had two wounds. I did The next not know how badly hurt he was. murdering my father. which was done. I went in and saw my father. The pistol that was picked up in the room after he left was loaded. On reaching the 1 m mad the room he was inside the door. I suppose about an hour. ard received all his stabs in bed. but there it THE CONSPIRACY TRIAL.] I did I am quite certain that is the hat not see it the night it was picked up. one on the scalp. to find it. besides a cut on his throat on the right-hand side. dark. I very shortly fell asleep. or parts of one. where the light of the hall shone on him. as I was pushing him out.] at ray father's house that night. wounds were dressed. I saw that he was a very large man. and got somebody to keep the crowd off before I went up to his room. like the one found there. For I when the Prosecution. " I 'm mad The man went down stairs immediately after hall he gave a sudden turn. [pointing to the accused. I did not see near the door of my father's room. the son of the Hon. but I think that is the man that came to Secretary Seward's house on the night of the 14th of April. but I did I saw the hat that was found. and he came opposite him encounter Major Seward. Payne smiling pleasantly. I knew from his size and strength it was not my father.] [At the rrquest of the Court. William H. and was striking about the room at r-andom. I retired to bed at half-past 7 on the night of the 14tli. if he nected.hold to the door. I went into his room but for a short time that night. smooth face. Lewis Payne. and his hat 1 was all bloody when saw j | ! i ! ' . with the intention of getting it. and disappeared down stairs. when I canie back into! an intense but not strong voice. that was open to Major Augustus H. I found that he had rolled out. it was my father. When and struck me with his fist. with what I supposed to be a lying on the tloor. who [The accused. [the ramrod. with no coat on. and another one over the ear. in the man was gone. and BO remained until awakened by the screams of my sister.

the shoulder-joint. " I congratulate you all dangerous character. Hansell on the same floor with Mr. Not having any idea that it was a man with a knife. he then improved in appearance. Mr. but the serious injury of the first him to bed. . was brought up on deck of the monitor. I saw Major Seward in the room but I did ceived his family. broken or not?" and he said. Payne. more sensible. The surgeons think it was a knife with which I was struck. from which some blunt instrument the butt of a pistol. evidently expecting 1 examined that his wounds were mortal. Frederick Seward was suffering from a that his skull was broken. the Secretary of State. I saw him on board He the monitor the day after he was taken. Seward. It was bleeding then. to go to Mr. Frederick W. about half-past 10 o'clock. lying on a bed. He had recovered from the shock of the accident of ten days previously. and when I saw him next he was in his bed. Doctor For I T. Mr. though at the time 1 thought I was being struck with a bottle or a decanter. Doster. the Secretary of State. I had left Mr. covered with blood. On ar. and he is still suffering that the wounds are not mortal " upon which Mr. a few minutes before 11 o'clock. he "You want to know whether your skull is was bleeding very profusely. very fresh to all appearances probably it was Surgeon-General Joseph K. I saw terror . I undressed him. Dostek. that he had the few moments that 1 saw him by the light in the hall. Apparently there was no internal bleeding. and by a is. except Mr. and gradually became in the expression of all Mr. but I could put my fingers probably two and a half inches or three inches deep. He said he was wounded. his size. and unable to articulate. Seward stretched out his hands and refrom them. Btab in the left side of the neck. I feel entirely satisfied that the prisoner at the bar. Seward. his proportions. The was evidently impressed with the idea that see. Frederick Seward was conscious. the Secretary of State. Cross-examined by 157 Vekdi. Seward about 9 o'clock that evening. . the wounds. Secretary Seward's farailj'. Seward were of a very the family and said. Seward." and would put his finger to the back of I examined the wound. . and shown to me. and as the head. We put Mr. and after the servant boytold ine what the man liad been doing. eionally. Seward.TESTIMONY CONCERNING LEWIS PAYNE. he them. was sensible for some time. and he commenced saying." He almost pulseless. from the I put spine obliquely toward the right side. but April. and found his head. not the first time I have seen the prisoner since the attack. was Cross-examined by Mr. blood under the bed. the Prosecution — May 22. with blood all around him. Seward. in his room. he woke in about fifteen or twenty minutes. — kind. fracture of the cranium in two places. Hansell. so am For the Prosecution. William H. but he could not express wounded in three places Mr. The wound seemed to be an inch wide. I found the Secretary to say something. and I said to him. Seward. or something of that and we attempted to put him to bed. where it had been put the night before. I did not think any thing about it. the intensity. is the same man that made the attack on that night. Major Augustus H. This was probably twenty minutes before Doctor Barnes arrived. Mr. and I took hold of him the same way I had hold of him when I shoved him out of the room. Robinson. himself He knew me perfectly well. and he had the same appearance. Emrick W. He Seward insensible and very badly wounded in had a smile of recognition on his lips. in which he remained for sixty hours. The wounds of Mr. on the night of the 14th of I Mr. . he helped himself considerably. next day it was taken out of the bureaudrawer. smooth This is face. all wounded. and their wounds bleeding. called . I supposed so myself. but probably in The wounds seem to have been inflicted by half an hour he went into a sleep. S. and when he was made to repeat the words. not fifteen or twenty minutes since the stab had occurred. had been progressing very favorably. Mr. —May 19. I found Mr. and he went to sleep. very comfortable. a physician. On Friday night. passing around to the angle of the head. "It is. exceedingly faint. in every way. aMd found a stab over the sixth rib. perhaps a little sooner. "Yes. I saw the Hon. the 14th of April. I found that it had not. and his jaw was broken in two places. and there was a mutual not treat any of the wounded persona profes. Frederick Seward. it jaw by a stab in the right neck. and was getting along His right arm was broken close to very well. Seward. and I looked at his face. "I'm mad! I'm mad! " I recognized the same voice. He wanted riving at his house. Barnes. and blood on the handles of the doors. varying only in that the finger could be put in very easily and moved all around. Then a loaded bludgeon. the rest of the family I did not I looked upon his wound on the forehead. and Mr.had great difficulty in articulating. I was summoned to the house of Mr. no beard. and immediately turned round to accident was the concussion.congratulation. as I was occupied with Secretary was wounded by a gash in the right the severest wound was in the back of the cheek. my fingers into the wound to see whether it had penetrated the lungs.

There is a road from one fort to another. was present when the prisoner. I called shown to the witness. the 16th of April. ] I supposed was his position when he com- Robert Xelsox For I live in Virginia. He brought to me from Fort Bunker Hill. H. improved very much from Colonel H.] the Prosecution.] Washington . I think it is very possible I called him a liar. It is a white and brown mixed cloth. [pointing to Surgeon John I asked him where he had got his boots. I took off his coat. his accident. if you can. shown to Robert Nelson was exhibited the knife I received from the colthe stand. which on the 17th of April. tion when this attack was made. and say. a pair of black dition still more delicate and difficult to rally pants.] that gentleman. know how it came there. [A bundle of articles. "Look ing. S. and sent ard's house." He looked at it and said. Wells. vest. and made his con. — May 19. afternoon. looks like the one I found in the middle He made no reply to that of the street. . I j his attention to this falsehood. between 5 and 6 o'clock in the one of them to the Treasury Department. There is a distinct and that by cutting into it. I recognize the boots. and told him I should find blood on the coat-sleeve in the inside. on the Saturday now?" He leaned back against the side of morning after he was stabbed. Seward liad THE CONSPIRACY TRIAL. Payne. also. an officer at the door first.] He said he had bought them in Baltimore. that it is not blood. but I never entertained and mark on them by which I recognize them.158 Mr. used I found spots. and Mr. to the Mr. I discovered traces of blood on the sleeve. to morning. on the white shirtsleeve. in of tlie wounds he received on the night of tlie custody 14th was principally from lo. Rosch. Seward tended to pair of boots with a broad ink-stain on them aid his recovery from his former accident. —May I 20. shirt. ascertain. was banded to the witness.ss of blood. [Two coats wore here 8nbinitt<-d to the witness. —May 19. pants. about 10 o'clock on Saturday mornHe replied. the night of his arrest weakened him very much. and more inflammation in the cheek that had been swollen by the injury received before. The wound itself created cap. if possible. I saw stains of blood on the coat that was I did not ored boy who has just left to me in the library For the Prosecution. For JThe knife witness. Payne. U. John Wilsox. I f>icked up a coat in a piece of woods that ies between Fort Bunker Hill and Fort Saratoga. I gave it to tiie boat and said nothing. I described to the prisoner at the time what never expressed such an opinion. they were pulled off in my presence. in the direction of the Eastern Branch. that is how I recognize it. "What do you think Secretary Seward's house." This is threaten the prisoner at any time. A. and the coat was found in the piece of woods on the eastern side of the road. Samson. Doster. a wounds received by Mr. and had worn them three months. [The witness exhibited the spots referred to." I said. These are the articles. Spots of blood were found in the position I described. [pointing to the accused. yiay 19. on the inside. and afterward to [The articles were offered in evidence. "How did that blood come there?" liouse. but parent the boots had only been slightly worn.] is On Sunday Charles H. what the name was. Doster. —May Cross-examined by 20.] The pocket-compass he himself handed to Mr. I called the prisoner's attention to the fact. as it was ap- it Dr. Lewis Payne.He had on a dark-gray coat. was searched. I found it about three miles from the city. and see. He had on a white linen shirt and It is not my opinion that the a woolen under-shirt. hibited to the witness. " I do not Thomas Price. For I the Prosecutio7i. minus one sleeve. Samson handed it to me.) the Prosecution. and something that looked like a skullfrom the shock.] That looks like the knife I do not say that it is the same knife. This All these articles were taken from the person of that big man there. Wilson. it would probably recover faster.] the coat. including a pair of boots and pocket-compass. Cross-examined by Mr. I called Payne's attention to this found opposite at the time. all his clothing the next day on board the — my and rendered the union of the bones more monitor. and was not in a critical condiFor the Prosecution. The etiect I had the priso/ner. the 15th of April. difficult that idea got afloat from the fact that the FA box containing various articles of clothing was excheek was very much inflated and swollen. right in front of Secretary SewI took the boots away with me. gave it of Mr. [A knife (colored. Seward's and said. and said. "It is not blood. to live in mitted the assault.

were distinct. W. moment the outer coat dissolves and is washed away. about The boot was — three-quarters of a mile east of the Capitol. The upper coat is separated from the lower by washing with water as fast as it is dissolved. and the moment the outer coat disappears. I thought it was the name of a very distinguished individual. I could not be positive as J. but 1 entertain very On the night of the 14th or the morning little doubt that the name is J. I did so. I saw a said to be erased. it might have been There is no process. there was room for two or three Cross-examined by letters. and the result tliought I plainly discovered the " th " at the 1 have stated. The writing can not be coln Hospital. [Submitting to the witness a pair of boote.-^. reply name was Booth. of the 15th of April last. the rest of the writing I thought the outline of the writing was quite and was obscure. it had on the inside a black mark. 1 wish you would look at it. W. that I am aware of. when the name Booth came to my mind. I thought I could make out certain letters on it. I not . where I am on duty. Toffey. "J. For the Prosecution. but I to be written there. Clark. I should hesitate to For the Prosecution. Field Second Assistant Secretary of the Treasury. B have mentioned." then I thought I could trace a t next to the h thus th. —May me by 19. but to say that it a thing that is in itself obscure. The J was very distinct. SPEycER M. when overlaid on another. Cross-examined by Mr. The sweat was pouring off him. Booth. Clark's possession." The name or words to that effect. I then attempted to Mr. I was told to examine it. swear positively to any thing so obscure as an obliterated signature. Clark. B to the intervening letters. At first 1 could make out "J.: TESTIMONY CONCERNING LEWIS PAYNE. it is possible to take off the upper and leave the lower or inner coat undisturbed. but it left w'as distinct would not be true. Assistant Secretary of the Treasury. Field. and made an effort to test it. and made a regular puddle on the ground. Doster. remained exposed to the air longer than the upper coat. The acid is put on under a magnifier. and the under one begins to show. was. For the Prosecution. and belonged to Payne. Doster. end. On examining it. I can not speak positively of visible and determinable. By examining the writing through a glass. but in regard to the . and partially succeeded. I have no doubt at In the intervening space. B h." below. between the and th.] had one of these boots yesterday boot after it had been subjected to chemical preparations by Mr. made apparently to cover writing. For I the Prosecution. Field. appeared to me to be J. 159 —May 19. I examined them only with the naked eye. which proved that it Py name the Judge Advocate. That boot was shown to Mr. Doster. which has now mostly disappeared under the effect of the acid I put upon it. was so. Booth before I any intimation as to what it to be. That was before I had clearly determLieutenant John F. I see if I could make out what name appeared who told me it had expected to find the name of Payne. W. W. Mr. VV. sentinel at tlic hospital — May 19. I An examination at the destroy the acid. I was asked very little doubt upon my mind that the what I thought the name was. liad Edward Jordan. I examined it with a microscope. and found that it was one coat of ink examination. W. Mr. I came to the conclusion that the name written there was for "J. When I received the boot. The reason the latter part of the name in this case was more obscure than the first. I then discovered the name. letters I all. I took off the outer coat of ink by the use of oxalic Where the lower coat of ink has acid. the acid which destroys the color of the ink. Stephen Marsh. Booth. Booth. or where it came from and I had no suspicion why it was in Mr. is because I left the acid too long on the outer coat. standing at Lincoln Branch Barrack. with saddle and bridle on. had stopped the horse. it was the had received was supposed I arrived at the conclusion that of J. yesterday. shows the lower coat of writing. Clark said. The first letter. it has been acted upon by dark-bay horse. I supposed the lower coat had been exposed to the air longer than the outer. requested to look at the ink-marks on that until the cavalry picket was thrown out. was accidentally passing the room of the W W My I have charge of the engraving and printing in the Treasury Department." Cross-examined by I did Assistant Secretary of the Treasury. in his room. 3fay 17. A . " I have something curious take off the outer coat to see what was to show you. to a little after 1. and it attacked the lower one. the and B were less so. know to whom the boot belonged. given me by Mr. The boot was handed to me by Mr. ined upon the B. I was 1 put a guard round it and kept it there I am a solicitor of the Treasury. as I was going to the Linrestore the name.

From the Yard Bridge Lincoln Hospital to the is fully a mile. Assistant Judge Advocate Bingham. Captain Lansing of theThirpicket.ster. For I live the Defense. I found that the horse pages 113. and Recalled. it there. " " " " [ThesaUdk. who tries to rescue him. Smith Capt. that he was not there at all. Holaban lame. It is very true that. rushes past all the friends of a sick is at Baltimore. nor do I know that he was a soldier. as I prove to all his have already stated. I do not remember whether Powell was there the whole of that time. As nearly as I renumber. the more atrocious a man's conduct is. is the work of an insane man. Payne. Do. He was there but a very short time. No. no coat. 118 Louis J. and therefore admi. breaks the skull (J. under all Mr. Payne. M. yelps. ami was requested The was on a leads to Camp liim down I noticed that he was a little John T. In the first place. C. and left the first week in September. Doster. he may thereupon I had very little conversation man into his side of the throat " declarations in his own defense. manages to get a knife large enough to sever the head of an ox as well as the head of a man. According to that.ssible. Navy Mrs. at my mother's house. lie had come running there. That all very true. I was there about six weeks. and a dark slouch hat. It is claimed here that there other pleas.stkr. Surrutt fallen or not I do not know. know the stirrups. Cross-examined by Mr. and he' requested me to take it to General Augur's head-quarters. immediately after the battle there. at Gettysburg. he wore blue He pants. at' the Old Capitol Prif<on. and there recogI should tliink that was the saddle. I claim that the whole conduct of the alleged murderer. and that any further declarations I may prove. I sort of by-road that Barry.160 when I THE CONSPIRACY TRIAL. The of his son. In this case no foundation has been laid. Did lie say to you where he was going? slashes As. R. wiiere the saddle was taken off. but as I rorK? " 132 Miss Honora Fitzpatrick hor. The hospital contained both Confederate and Union soldiers. I ful to have tied there. I do not know thtit he was a nurse. it turns north Irom the Branch Barracks toward Camp Barry to the Bladens^burg road. but the proper way to get at it is to lay some foundation for introducing the declarations in support of the allegation that the party was insane. reported' I there having tlie horse to Captain Lord.] W. Wermerskirch Morgan " 139 132 121 123 122 DEFENSE OF LEWIS PAYNE. Whether he had page 130 Miss Anna E. May it please the Court. slabs him first on one and then on the other. and rushes to the witne. are merely in support of that theory and of that foundation as laid by the prosecution. and by the name of Doctor. what he said to her "I am mad! I am mad! door and mounts a horse which he was careU altogether incompetent evidence. Mr. and him acro. Weichmann was blind of one eye. only a few Mr. of every sort and to everybody. When I got to General See also testimony of Augur's head-quarters. the more he is to be permitted to make a case for himself by all his wild declarations.ss need not state. chamber. I was a volunteer nurse. — June 2.se reported the fact at the office of the to take the horse down to tlie head-quarters of the picket. J5y hours. at If he only every time and at every place. Doster. I found him by the dispensary of the hospital. considered competent evidence for the defense. went there by the name of Powell. oner. from beginning to end. declarations of this kind are not is no foundation laid for the plea of insanity. Eliza Holahan Major H. and witli him. Mr. all the circumsiancea con- intend to set up the plea of insanity. W.sistant Judge Advocate Bingham. 16 North Eutaw Street. but from what direction I do teenth'New York Cavalry and myself took not know.was put in evidence.— May IS the horse taken charge of I have been to General Augur's stables on[A sadilK' was here shown to tho witness. and he was He was very kind to the sick in my ward.] Seventeenth and I Streets. but the declaration of a person suspected of insanity is an act. I nized the horse I found. in the case of the pris- show . Assistant Judge Advocate BrxGHAJi. Doster. Do. and wounded. I first met the prisoner. Miss Margaret Branson".ss the face. I saw him again some time that fall or winter.

and said she would not do it. I remember he asked a negro servant have known. June 2. the right to set up the plea of insanity. and the girl afterhat. as he had ample opportunity of doing because if he could not get across the AnaMargaret Kaighn. and super- A. When the moral or aflective facultiea 11 . LEWIS PAYNE. Please define moral insanity. during the assassination. that he to clean up his room. 161 Mr. nected with the assassination show the work of insane men. He goes to this called him some names. there is the conduct of this person since he has been Dr. The entrance into the house of Mr. and abandons them he Witness. What class of persons your hospital ? do you treat in The bulk A. he ever called upon Payne. By Mr. Clampitt. he knew must be exactly the boarding-house. which position I have occupied for thirteen years. supposing that a sane man would not ward went to have him arrested. Branson's. and repreinstead of riding off quickly. of a character more delicate.DEFENSE OF.there six weeks and a few days. (for it was shown he had a sound saw J. — — — — — — ers. State what your official position intendent of the Government Hospital for the Insane. if he had seen the prisoner. but I do rise for the purpose of indignantly proclaiming that he has no right to endeavor to bring before this Court the house of Mrs. horse. Q. back to the very house which. Q. to my knowlon the side where there were no pickets at the edge. and do not know that horse. because who in her. he might have swam the river For the Defense. and then. he came there last January house where he would be arrested where there or February. May it please the Court. and which I can not mention now. he moves oft County. yourselves noticed that at the time of that solemn scene. as he came again to our house. of the patients I treat are composed of sailors and soldiers. June 2. but which I am prepared to prove before the Court at any time. as opposed to the rest of the prisonFor the Defense. Then the conduct of Payne. at Mrs. when the negro identified him he stood here and laughed at the moment when his life was trembling in the balance. Seward's door. Finally. rides around like a maniac. at the time of his arrest. he threw her on the ground and stamped the world ever heard of a man disguising on her body. and himself by using a piece of his drawers as a said he would kill her.house for the purpose of hiding or for the hind him. if he had been sane. so slowly that the negro tells you he followed He took a room at my mother's house. You have not. You Q. Charles H. take these away. his leaving all — . She the military authorities. and gave his name as Payne. is that the conduct of a sane man? There are. I say that the most probable case of insanity that can be made out has been made out bj' the prosecution. Q. the ferocity of the crime. and during the trial. at any point he wanders off into the woods. and finally comes I have I am servant at Mrs. and left in the ward. instead of escaping either to the north. Insane persons exclusivelj'. and your profession. He never. He was dressed though anxious to be detected. then in citizen's dress of black. takes to the woods. and corroborate it. having plenty of time to of the Judge Advocate. and after. saw any company while there. Wilkes Booth. Nichols. down in front of Mr. Instead of taking away his pistol purpose of screening himself from justice. Surratt as a rendezvous to which Payne would naturally There is no evidence which has resort. I never time. Branson's any sense. I am a doctor of medicine. and she gave him some would inimediately walk into the arms of impudence. and remained till the middle of were guards at the time. as a sane man sented himself to be a refugee from Farquier would under the circumstances. which is not indicative of human nature in its sane state. here on trial the extraordinary stolidity of this man. Have I at any time given you any indication of the answers I expected you to give before this Court? is. some physical reasons which go hand in hand with insanity. he has displayed an indifference throughout this trial. speaking to the negro for five minutes a person that he must know would be able to recognize him again therafter. I do not know where he went takes his knife and deliberately throws it to from my mother's. and where he must March. Payne. abandons his By Mr. I do not rise for the purpose of denying to the counsel for the accused. beginning of March. In January of this year. discover the disguise. costa Bridge. or any other plea that he thinks proper.) or instead of escaping over the river. I ask you. after he entered the house. instead of showing the slightest feeling. Doster. and then he struck house in a crazy disguise. he walks leisurely The Commission sustained the objection out of the room. shown that he would naturally go to her the traces which men usually close up be. A. Va. A. struck her on the forehead. in the conduct of this prisoner before the assassination. and his knife and his hat. besides. Payne.. Doster. staid him for a whole square on a walk. without the slightest particle of disguise. Seward was by a stratagem which is peculiarly indicative of insane men.

. I am mad.insanity? A. Q. or has not insanity increased very and in your hospital. but should converse people generally do not believe to be right. Q. Is great taciturnity considered a symp. Q. It would give rise. proportionately. Q. What are some of the leading symp. Is it or is it not possible for a madman to they rarely excuse themselves for a criminal confederate with other madmen or sane men act on the ground thatthey are insane. I think. apparently sane. in my mind.? not such conduct further corroborate the susA. Is not all conduct that differs from the usual modes of the world proof of insanity ? A. them but that is not always the case. Q. and Q. to which the men How were not accustomed service. It is. It is a peculiarity of A. By the diseases. hardships. A. If one should try to murder a sick man posed to insanity than men who enlist iit in his bed. . in A. It known Q. in committing crimes. I would say that it is not impossible. Such an exclamation would give rise. I have cases of moral insanity occur among A. Is or is not a morbid propensity to destroy. or a similar one. brain. I think it would. They do sometimes. Q. to be exclusively affected by disease of the I call that a case of moral insanity. during the present war? Has much in the country. and without provocation or cause. throw away his knife before the door. and fatigues of a soldier's life. would it toms of moral insanity? Q. Is great cunning and subtlety in making suspicion that he was insane? plans concomitant of insanity? A. The cases are as diverse as the indi. but not of itself a proof of it Q. Are madmen not remarkable for great cruelty ? A. A. while an indifference to life considered a symptom ? stabbing one of the attendants. but it is not freate in effecting their plans. that young men accommodate themselves to a change in their manner of suspicion that a man was insane. " I am mad. Is depression of spirits at any time con. at any time. would it not be presumptive proof of middle life? My im. for example. I should regard it as giving rise to a suspicion of insanity. without ever having seen him before. but I can conceive that great taciturnity that they make little or no attempt to conceal might exist without insanity. until they entered the enlist Q. Q. proof of insanity ? A. I think it would. If a man. the insane. among soldiers. seem to act without pity? A. The insane frequently exhibit extraor. to the pression is.away leisurely. If the same person should cry out. I will answer that by saying that no single condition is a proof of in. sanity. It has. It has. and that the fact that insanity takes the form of moral insanity is apt to depend on the character of the individual before he becomes deranged. Q. lieves an act to be right which he did not Q. Q. Wliat are some of the principal leading causes that produce moral insanity? A. and which tempt to disguise himself. leave his hat and pistol behind. commits a crime? A. I am not sure that they are. is the increase accounted for? Q. ly state that they are mad? but it is infrequent for madmen to confederA. It is. Is it not a symptom of insanity if one. A. If the same person should make no atbelieve to be right when in health. My impression is that insanity is oflener caused by physical disease than moral causes. Is active service in the field. but that an entire departure from the usual conduct of man would be considered as affording strong ground to suspect the existence of insanity. It is a frequent symptom of insanity.162 eeem TUE CONSPIRACY TRIAL. lias it not increased much more. Very seldom. in plans? Q. Those who commit criminal acta fre» My quently do. to an impression that the man was dinary cunning in their plans to effect an feigning insanity. for five minutes with a negro servant.and ride away so slowly that he could be followed for a square by a man on foot. Are young men who more ex- A.to murder four other persons in the house without having seen them before. impression is that madmen exhibit about the same disposition in that respect that men generally do. but it is a very common attendant upon insanity. Is a disposition to commit suicide and Q. Q.not strengthen that suspicion of insanity? viduals affected.my mind. Not a proof. Do not madmen sometimes unconsciooAA. quent that they do. Insane men rarely make object such an exclamation. would sidered a symptom of insanity. If the same person should besides try Q. Do madmen never confederate in plans? A.sanity in every instance. beA. Q.picion of insanity ? tom? A. than the increase in the army? A. Q. walk I regard that as a symptom of moral in. Do or do not madmen. when they commit criminal acts. a cause of moral insanity ? is. Q. I should life rather more readily than men of middle not regard it as proof age." would it not be further ground for A. soldiers. but not a frequent cause.

should. had been suffering from conftane.ipation for four weeks. Q. it sickness generally accompanies insanity. tioned should. to direct him to the commission of conduct of his trial. I should regard ev^ry act of a man who same expression of indifference when the had committed a criPie. although in the posses'jion of Q. They do it. indicating that he rest were nervous and anxious. in the manner of doga or garments of that kind for the sake of dis. and ther'. Is not the influence of some persons A. I think some weight fore not responsible. Long-continued constipation frequently Q.scribed to you.DEFENSE OF LEWIS PAYNE. either functional over madmen so great that their will seems or organic. retained the A.might be given to that circumstance. and secure that commission ? identified. drawers for his hat. they are.toward their keepers. I believe that disease. laughed when he was a crime. a shrewd man will excuse himself on the sidered additional ground for believing in his ground that he is an insane n\an. would it not be considered additional Q. howof pieces of old garments. Self-control. during his trial a sound horse. and continued was indifferent to the consequences. There is a great difference in the Q. at a time when all his comwoods. ited by the insane. sir. Q. No other physical disease neces. generally. Are there not instances on record of ever. It is a common peculiarity of insane men. If the same person should return to this ground for believing in his insanity? Louse I h&ve 'Spoken of. any there is. if would be very difficult. except a certain wildness in his ground for suspccti'ig that he was insane. I 163 A. The picion of insanity ? disguise in question consisted of a piece of A. 1 think it would. never spoke •ihould abandon his horse. If this san^e person. but and during his confinement. as a immovable. or perhaps usually. I think the servile obedience which a Q. for example. would that be conact. unless it was done in the course of a A.keeper. but I think it an error that sanity ? that control reaches the extent you have I . and where he m'ght expect to never expressed a want when all the rest be arrested.insanity? A. I think it would. apparently from a childish fancy for madmen who toward others were wild. It is true. frequent among the actual insane. would are comparatively mild and obedient to certhat be additional ground for suspicion of tain persons. eyes. I think it would. and come back to a hcusp surrounded panions were peevish and clamorous. Is long-continued constipation one of control that different individuals have over the physical conditions that accompany in. exercising supreme control over a cion if he seemed totally indifferent to the madman. Q. If the same person.man ? sarily. would not that the crime. . Please state to the Court what physical direction given. and if taken to task for any improper jS'. A. Q. and I do not recollect a case of an whom they held to be superiors. but only a struggle with persons would have upon the question of insanity. If the same person that I have men. dog exhibits to his master is rarely exhibshould express a strong desire to be hanged. when they are more or lesa insanity? turbulent and violent toward other persons. I should say that would be very diffidifferent from his associates? cult. They frequently do it in this way: An Q If this same person that I have deindividual knows that he is regarded as :n. at a time when he saw Q. whom he had no desire whatever to kill. Would it be further ground for suspi. Yes. they were insane person dressing himself in a garment docile and obedient. that the insane and express great indifference of life.insane persons. few minutes after the plan was laid and the Q. A. What are the qualities of mind and that disguise may properly be presumed to be person needed by a keeper to secure control the disguise of a sane man or an insane man ? over a madman ? A. Are not madmen easily managed by that they dress themselves in a fantastic persons of strong will and resolute character? manner. would that not he additional expressed many remained in the same spirits ground for the suspicion that he was insane? wlien the rest were depressed. make head-dresses out A. if he with soldiers. Q. I should say. and betrayed a stolidity of manner A. say he remembered nothing disA. I think it would. afler his arrest.toward their masters? guising himself A. after committing the soldiprs in its possession. on being questioned as to be additional proof of insanity ? the cause. or certain persona tention. make no effort to escape. A. I think it would. while Bomething that is fantastic and attracts at. of the brain always accompanies to take the place of the will of the madinsanity. drawers being used for a hat. Would it not be possible for such a Q. with a piece of his A. I ask whether Q. If this same person. Q. wander <". I understood you to say before that would not that be additional ground for susnadmen seldom disguise themselves.rf into the until spoken to. accompanies it. were mad ? A. I can hardly see what bearing that tinctly. It would depend upon circumstances. Do you not remember cases in your exConstipation is not very perience where madmen have told you they precedes insanity.

DosTKU. Does or does not constant dwelling on the saiwe subject lead to an insane delusion ? A. or the exleiit. and it is certainly irrelevant thought would draw out his moral nature and foreign to the issue. as I would have to do if I justified. when no man was . which a that I propose is not a great deal longer. and he said he thought a person in perthe whole ground with him. lie is imagining facts that do not vated by education. lusion inasmuch as demay accompany any form and every ibrm of insanity. I think it would but it does not follow hundred and eight. Did you or not state the case to him of nesses from Florida. I did. His general muscular developslaves. and mania is the name given to a particular Ibrm. Q. but it was capable of showing a arms to del'end slavery. we must hei*e interpose objection. would not that conduct be esteemed a very simple question. the Court is informed of namely. Q. Do you or not recognize a distinction di. I ought not a person committing the crime with which he to have called Dr. . " why you think he would WiTNKSs. — . disease of the brain. that is popularly supposed. and it is impossible for me to give an opinion upon a hypothetical case. Regularly. and the conclusion to which I if he is nearly through with his examination? came was. Q. would not that be evi. personally. and had fought in its defense.two sides of his head. I believe. who he believed were killing his time before he would give me an answer to friends. I believe. and believed in the divine origin of ment is perfectly healthy. If I may be allowed. and I could give no definite opinion upon the facts implied in the questions submitted to me. I found it to be a A. may ? add. Hall. were constantly hearing speeches and sermons vindicating the divine right of slavery. I believed that he had also fought in defense found that it acted very slowly.stiiictiuii. except that it appeared to have very little intellectual expression. to kill the leaders of the appeared to be very inert. and Mr. burned men at the stiike for attempting to abolish slavery. and finally took up given just a categorical one to all the questions that have been asked me. 13. y. James C. I have I think wrong. and has to be studied with all the light that can be thrown upon it. In nominate an insane delusion. reason. Insanity is of a more general character so far as my experience goes. I THE CONSPIRACY TRIAL. between luaniji and do lutiion A. Un. His pulse I deluded? counted twice carefully. — Dk. His eye appeared to be perfectly natural. I presume. which. Are not instances ol" insane delusion more frequent during civil war than any ceriaia A great deal of passion and feeling. I first examined him with regard to his physical condition. who owned slaves. has been during the war. Lewis Payne. on to answer my questions willingly. very much opposed to giving an opinion in respect to hypothetical cases. If one of those same men who owned constipation. My impression is. and. I think. should attempt. Q." I said.is charged. why you think an act which like to give an explanatory answer. I would be justified.to the moral right to commit it? ined. and ask his opinion in reference nesses had been here and had been exam. I wish you would give me some were to call these witnesses from Florida first. for the simple and best of reasons. Nichols before these wit. I am. sign of insanity. as I conceive that 1 have none. I discovered a remarkable want of symmetry in the really attacking it. The course of examination think himself justified in so doing. has not been cultithe case. The left side is much dence that some of these men were actually more developed than the right. so that I need forming such an act as I described would be '' not call him twice. It frequently does. and for w'hich a man is with the exception of another habit. If a body of men. and he is examining upon a basis that I asked him certain questions which I he has not laid. that he would perform acts. 1 mentioned it as a supposed A. among soldiers than it usually is. I have been unwilling to detain Dr. His mind is naturally dull It certainly has nothing whatever to do with and feeble. exist. species of examination will be brought yet I could not discover that there was any to a close. —June This morning I spent three-quarters of an hour in an examination of the prisoner. Doster can give us some idea when lect appears to be of a very low order and this. arising from other respects his health seemed to be good. sible for me to secure the attendance of wit•Q. not responsible. but his mind his own motion. though he did not a fanatical delusion ? seem to be at all reluctant in giving me the Assistant Judge Advocate Burnett. that cases in which delusions are entertained are not as frequent.strokes above a natural healthy pulse. and it took some people. for instance. His intelless Mr. and which everybody else other kind of insanity ? A. and I questioned him first to test his memory. Doster state and feelings. which is about thirty that the delusion is what I technically de. Every case of insanity is a case of itself.information I was seeking for. I man of better moral nature and of a better mentioned the other day that it was impos. which may or may not be accompanied by delusion. and have endeavored to go over case. slavery. Nichols here. Will Mr. He appeared of his home and friends.mind would condemn.164 deacribed. and as an expert. — For the Defense.

I have not altogether made up my mind that. but his memory is very and without any adequate motive or provo. thinks wrong. I never saw this man before. The celebrated John Law.slow. found assassinating its Chief Magistrate and of this city. His intellect is very feeble and inert. His memory appears to be very slow I in acting. is their own names. you regard the prisoner.sation with him. can not discover any positive signs of mental insanity. inert mind. I should think that was the result either of insanity or very badly cultivated mind. any attempt at deception. I object to that question. he would think of a man who had committed Q. plainly and clearly. Doc. and you had your interview with him. ination. could be justified.— DEFENSE OF LEWIS PAYNE. It is tives and course of reasoning generally known that persons who are insane. Yes. If a man. and very bad morals. with few exceptions. in arms as a rebel name. I by no means regard atrocious ment? crime as per se evidence of insanity. I can By Mr. is that there is ground for suspicions ? You do not express any such opinion ? A. Mr. I asked insanity. so far cating insanity? A. as sufficiently sane to be a responsible being for his acts? Cross-examined by the Judge Advocate. A i an opinion upon. A. sir. so far as his mind would permit him. I can not give a positive opinion that he is laboring under either moral or mental insanity. and an absence of provocation. That was the reason he assigned whj' he thought such an act could be justified. and I referred to some matters connected tliink it would be right for me to receive any with his health. from the whole examthere was reasonable ground for It seems to me that suspicion of insanity. these are the conditions. exhibit the utter insensibility that he does and I do not think there was did in my presence. I do not express a positive opinion that he is either morally or mentally insane. fication for it. If there is an absence of motive him in regard to his birth and his residence. have an unWitness. would go to the post-office and be the members of its Cabinet. personally I merely had directed me to examine into his condiepoke of it as a supposititious case. DosTER. both from his physical condition and his mental development. for a suspicion of insanity. Where a man commits crime habitually as I could judge. June 3. Q. and the conclusion he drew from the case which you supposed? A. Q. to allow us a suspicion that he may not he a perfectly sane and responsible man. I should be disposed then to suspect an answer to a very simple question. I should say that. He appeared to answer the questions honestly and truthfully. Not the least. A. Doster. from the whole examination you have made. he might have a motive. It might entirely. if he were perfectly sane. His pulse is thirty committed by himself. Did he or not seem to have a distinct recollection of his crime. a very low order of intellect. done habitually. I did not refer to it as the crime usual frequency of pulse. I carefully avoided applying the that I was a physician. Did he seem to be under any exciteextorting it. from the imputation of insanity? For the Defense. He answered the questions. engaged I have known sane persons who forgot against the Government of his country. He was aware of the purpose for which a crime such as he was charged with. that he tliought in war a person was entitled to take life. The extent. but of a very feeble. and if it is He could not remember the maiden name of his mother. regard these circumstances as indicating sufficiently the presence of motive to save him John B. a deficiency of mind rather than a derangement of it. Lewis Payne. and also of the mo. and have at times had converQ. to which you go. Yes. 1 did not tion.playing a part at all. no man could. Payne. He said her first name was Carosingle act I should be very reluctant to form line. confession from him. I can give no positive opinion on that point. or indifference to the results of crime as indi. I do not think that the single examation which I have made would sutKce to I think there is enough decide the question. Might it not be wholly the result of very on bad morals? A. I asked him what odd strokes above the normal standard. A. without any attempt at deceiving me or misleading me. Do you rest that suspicion largely on his course of reasoning. But — . was he not? he said he thought he would be right in A. Do yOu regard insensibility under crime and at times smiled. Do I or not understand you to say. would you or not unable to call for a letter in his own name.portance to his physical condition. I attach some imQ. but that there is sufficient ground. He did not seem to be Q. To decide on a case of this kind. habitually." His answer amounted to this. I introduced myself by telling him doing it. 165 that. one ought to see the person at various times and under various circumstances. readily conceive that a man might think he had a sufficient motive and a sufficient justiI am at times in charge of the prisoner. and that the Court act or crime to himself. Q. but he could not remember her maiden . tor. He was perfectly calm. then. Hubbard. Q. and it is very difficult to get from him cation. and I rather avoided Q.

166 THB CONSPIRACY TRIAL. know one of the prisoners was killed. The Judge Advocate. I was about three 1 By Mr. know what became of them afterward. defend all. after he had passed through Warrenton. The Judge Advocate. Washington. I had to dark gray unitbrm. It was at the time of General Torbett's raid. As evidence of insanity. H. There no such principle of the law. I object to. that was his first passage. Assietant Judge Advocate Bingham. it will give a high degree of probability to the plea. Doster. therefore. in By Mr.seeing this man try to prevent it. McCall. my house. —June 12. or as evidence the subject of his death. By Mr. John E. Doster. they would do it at the peril of their They left the road then. —June 3. that he was tired of life. And about a week ago he spoke to me about his constipation. three months before the alleged attempted assassination of Mr. objections being made.s. but have no special charge of the prisoner. If the Court please. which he afterward violated and turned into ferocity and malignity." I understood from then that they were tracking him pretty close. of insanity that one violates the " even tenor" of his previous life. Assistant Judge Advocate Bingham. I should coat and hat were taken off him. I live on the Waterloo Pike. a citizen to whom I was speaking about his and that he wanted to die. Doster. and I do not lives. H. and I was scared nearly to death. That has been constipated from the 29th of April until last evening. nesses. about the third or fourth day of the trial. I have had I never saw the man before or since. For the Defense. For the Defense. however. and his subsequent conduct can only be explained by his being under the control of fury and madness. duction of the declarations of the prisoner. we each have eight hours' duty out of the twenty-four. Warrenton. that all declarations are admissible on the part of the acI object to the introcu. if I can show that three months before the alleged We attempted assassination this person exercised a degree of honor and benevolence. but I June 3. on the day know him anywhere. exclude from its consideration these statements so far as the question of the guilt or innocence of the particular crime is concerned. and to no one else. but if it is relied upon as indicating an insane condition of mind. I have no personal knowledge of the truth of this. [pointing to the accused. My duty makes me has just left the stand. Doster. on his return to soldiers. I was taking him out of the courtrroom. Witness. Payne. June 12. and to admit them only so far as they may aid in solving the question of insanity raised by the counsel. Mr. I think it would be better for tlie Court to conshall be careful. this declaration is not at all competent.sed for any purpose. Lewis Cross-examined by the Judge Advocate. Doster. charge. Payne. but if nel Dodd or Colonel McCall. and would rather be hung than come back here in the court-room. and. Grant. of course. I Cross-examined by the Jctdge Advocate. he said he had been constipated ever since he had been here. Lucy Ann Grant.cognizant of the conduct of the prisoner in his cell. Some men from their uniform —rebel — were going to kill these prisoners. he is the same man. him on of in. I am about to call two witand to prevent any. Roberts. For the Defense. made on his own motion. for a Confederate soldier wanted to bring him into By Mk. — . DosTER. communicated this — Colonel W. I am certain. connection with Colonel Frederick and ColoI am the husband of Mrs. Virginia. tion Is this conversa. Lewis Payne. is Mr. he was in charge of three Union prisoners. but After the a little conversation with him. Payne. as a confession. I recollect having seen one of the prisoners before. I suppose. Witness. and I believe to them that he could not they killed or captured the one he had in General Hartranft. more than the others. I believe it is a settled principle of law that all declarations are admissible under the plea of insanity. that one with the gray shirt. and to the best of my knowledge he versation. who nel Dodd. have charge of the prisoner. and some of the men put his irons back on him. Seward. He was dressed in a that Major Seward was examined. I will state that the reason for calling them is to show that the prisoner. saved the lives It is the very essence of two Union soldiers.I never had any conversation with offered as a confession. Q. and he said he wished they would make haste and hang him. and he told me called him " Lieutenant. Please state the substance of that con.'^anity? Mr. I am on duty around the prison. For the Defense. to sider it. John Grant. trying to save those Union prisoners that his name was Powell. and I remember He told statement to Colo.] I saw him some time about Christmas in the road in front of our house.

of questions. Porter. Q. I Dr. and his judgment good. whether he believed in a God. but sanity. and since the fectly natural. Is it or not esteemed an evidence of a fanatical delusion that a person believes to be right what everybody else believes to be What We A. test. Ill some instances it would. and I saw that that man. when the commenced. Mr. and he answered to-day with rather to which I attach great importance. I asked him very nearly the same questions In my opinion. practiced upon an enemy in public war. began in front of my house. — June In association with Dr. more promptness than yesterday. could not learn of any thing in his I think I am now prepared to say that past life. test are you prepared to state as to his moral insanity ? asked him the question to-day A. in association with the Surgeon-General of the army and Dr. TESTIMONY IN REBUTTAL. and that he believed he was a just GodHe also acknowledged to me that at one time he had been a member of the Baptist Church. whether he thought that private assassination. the of a man sane. but so far as his life has been mental insanity. Barnes. gather his history. and his speech perthe prisoner. his con. June 14. of his occupation. made an examination of the prisoner. he said that he believed it was. It Cross-examined by Mr. and his manner natural. of the places he has been at. and. Cross-examined by Q. ' Surgeon-General For J. the coherence of his story. Barnes. for the purpose presence either of moral or what may be called of seeing whether he would give me answers mental insanity.TESTIMONY IN REBUTTAL. cates to me that he is a man of unsound mind. Basil Norris. After some little hesitation. I should consider the Shakspearian a test for both moral and mental sanity. Lewis Payne. under certain circumstances. and find no evidence of insanity none whatever. K. which I believe I repeated to the Court yesterday. was justifiable. June 14. Hall's question as to his moral responsiDr. his reiteration of his statements of yesterday and of his first examination — this morning. the most important evidence. and we examined appearance. he considered 1 am a surgeon in the regular army. ris and Dr. asked him a number consistent with those which 1 then received. joined us. we had an examination of His look is natural. the same. His reasoning faculties apand I found that they were very accurately peared to be good. I asked him the question. bility for this crime. large hospital. is That is is considered a very se- vere and one called the Shakspearian test. 167 art'ray hundred yards from my home. saved the lives of two Union sol- quickly as I could. even a duty. James C. wrong ? — — We We We . such a crime justifiable. The evidences of sanity wliich struck me as present in his case are his narrative of himself. and I arrived at the conclusion that he is not This morning. that There is nothing in his recess of the Commission. but I can readily conceive that there are persons whose I have not of late years had a large expeminds and morals are such that they would but some years rience in cases of insanity believe a crime similar to that which he ago I was in charge of the insane wards of a has committed to be justifiable and proper. Payne. Payne. or speech. of the severest. so far as we have been able to there is no evidence of mental insanity. when the pistol firing diers. Doster. Dr. I rushed home as Powell. This morning. and heard him say that. 14. He said he did.] whose name I understood was first of last January. learned but very little of his I can not discover any sufiicient evidence of past history. the Prosecution. Surgeon-General. I was present when the prisoner answered Dr. that would indicate inPayne's mind is weak and uncultivated. Hall and Surgeon Norris. For the Prosecution. or manner that indihim again. there is nothing to indicate the I proposed to him yesterday. Hall. Doster. Recalled for the Prosecution. Hall.insane. disclosed since he has been here. in connection with Dr Nor. on the [Payne. 1 have made an examination this morning of the prisoner.

Doster. Samuel A. —June 14. very talkative and fluent The person on horseback had sination. out referring were insane. the 15th of ing him upon the sofa in the parlor. possible that this man might be a mono. It will be found upon I believe that the law does not recogscrutiny that the conduct of a madman in a nize moral as distinct from mental insanity. as a general morning. After April. I view. cases. in my ity has regard to the intellectual more than opinion. I insanity are common to all cases of insanity. 1 do not think the conduct of the prisoner Cross-examined by Mr. but yet a monomaniac will almost rule. in my presence was the conduct of a madman during a lucid interval. find that his has not been so frequent as strike upon that subject that he had the delu. by strange persons especially. and I found that his pulse. would regard it as a very exceptional case if Insane persons have generally some physI believe it is ical symptoms which I find wanting in this this man should be insane. I think there is someor on two interviews.case. nothing that he has believe there done. Upon careful examination. thing always in the appearance of a man. Another symptom of insanniac. Lewis Payne. mental insanthere will be some indication always. The symptoms of moral eral intelligent men. Mudd. I had three interviews with Dr. In this even. I almost always found this man asleep. or sev. of insanity. on one of which a second person was sitting. He said that. the first and third verbal. has indicated to me that he was an in.maniacs who sane man. and his conduct and conversation I have heard of cases of men who have during that period have been such as to been examined for months at a time before impress me that he is a sane and responsible their madness was discovered. have seen some cases.I made my inspections in the evening. person. and lay4 o'clock on Saturday morning. even on one inter- was associated with Surgeon-General escape the Barnes and other medical gentlemen in an examination of the pri. TESTIMONY CONCERNING SAMUEL A. and our conclusion was that he was a sane man. the Prosecution. It is my opinion that a monoma. I have examined this man twice each maniac on a subject not broached to him this day. I have not observed any indication come to my knowledge. MUDD. I I For the Prosecution. in each of which he made broken his leg. and put on a bed in his door. 1 have made in- — — — . would case it has been particularly noticeable that strike upon the subject on which he was while the other prisoners were awake when deluded that he would speak upon the sub. or indeed of any intelligent person. i It is not usual for madness to scrutiny of physicians on a single interview. and responsible for his actions. restlessness. in his manner or in his speech.-<oner. in an examination of half an hour ity is want of sleep. Wells. of speech. is perverted on moral subjects. that would arouse a suspicion of a physician. the second in writing. was lower than the pulse of the othera invariably I believe myself he would invari. he was arou. about person on horseback into his house. For — May 16. Colonel H. I have examined by the watch. and have visited for Assistant Surgeon George L. he saw in was carried up stairs. Last night it that subject upon which he was was eighty. . lucid interval differs from the ordinary con.or eighty-four. I mono- have gone whole weeks withto the subject on which they but I have never seen such am I but not familiar with cases of insanity. will be observable. Poeter. that to several medical men.as a young man.168 THE CONSPIRACY TRIAL. H.Recently.that of the other prisoners. The one who held the horses he described During the week subsequent to the assas. and desired medical attendHe (Mudd) assisted in bringing the statements to me. Cross-examined by Mk. ance. he Going to the window. his front yard a person holding two horses.sed by a loud knock at he had lain on the sofa for some time. are cases on record of duct and conversations.the moral faculties. He has been under my eye ever since he has been confined here. spections twice each day since the 30th of April. but none have man. and ably in a conversation with strange persons. institutions my would form opinion of a man very much as any other the insane.Moral insanity is where the mind of a person duct of men. Doster. ject on which he was a monomaniac. this morning it was eighty-three sion on insane.

The He thought there was something strange town was full of soldiers and people. Mudd observed the condition of his pa. and found that the front bone was broken. in his judg- — A. He did not seem unwilling to answer a would not go further to get a carriage. Herold he I think he said on Sunday. the younger of the two spoke of him after the first explanation — persons partook with them. nearly at right angles. and I found could get his friend off in some way or other. He kept a shawl about ing from his horse. he seemed embarrassed. as by the Doctor until they came to the hill. coming We . and when he was ment. and would go back to the house and see if he at the third interview alarmed. light way. saying his friend wished to shave himself. his neck. but he said he could not recognize On Sunday Dr. and that they The marsh there is full of holes and bad had some little conversation on the subject places. he ascertained from him that the the several interviews. He replied that there was a road or dark. to make a crutch for He said that Herold for by that name we him. carriage could not be procured. had. Mudd took us along the him from that photograph. Wilmer's. At breakfast. he saw that the bly be. a As he came back to his house. Mudd's manner was so very extraora mile and a half beyond the elder Mudd's dinary. and my last interview was patients. time he was introduced to him in Church He said that he had told Dr. until that Saturday morning.was lost. persons. He said well as he was able to do it with the limited he first heard of the murder either on Sunfacilities he had. and might endanger his safet}'. which would He said he did not recognize the wounded be considered the strongest evidence of his man. no apparent cause for the pain. Booth. After breakfast. road that the two men had taken from his He said he had been introduced to Booth house. importDr. the 21st. he saw the dozen interviews in all. to see some friends or Friday. from their of lands. and called a young man. the news from Bryantown. concealing the facts of the case. and then returned to his house. tient. The question In answer to a question. made some remark about procuring a conDr.— TESTIMONY CONCERNING SAMUEL the front room. Mudd told me at brother. instead of keeping straight on. pain in his back. giving the marsh. He then examined his leg. cured at his father's. Mudd mentioned a neighbor of his who had My impression is that Dr. They took the direction pointed oivt at Church. and described it. and I went with him a long way into mean time he (Mudd) had been about. on Sunday. that in going to the right to avoid a if there were any desirable horses that could bad place they had changed their direction. I exhibited to him a photograph of guilt. unless it heavy beard. directions to his farm servants. After breakfast the young man across the swamp. he admitted that was asked Dr. The patient complained also of a wounded man had shaved off his moustache. wliite servant. I think. seemingl}'^ for the purpose of conDr. Mudd then went. and I think he said Booth. He examined and found The wounded man. whether natural or artificial might have been in consequence of his fall. that. as slight a breaking as it could possi. about two inches above the instep. as he said. as he said he had done. In this conversation Booth asked tracks. and pale Dr. I first saw him on or near the town. ant facts were omitted. but meeting his younger This embraces what Dr. He had never seen Booth from the they had paid him $25. I think.saying he was acquainted with the Doctor. George Mudd. I think he where. Mudd pointed out to me the track they veyance to take his friend away. Dr. to such an extent tiiat he was unable to tell and was then asked if there was not a nearer what his complexion might have been. Mudd said he some horses that were good drivers that had first heard of the assassination on the SatBooth remained with him that night. In the took.up stairs shortly afterward. .he did not know. he thought. and there all trace of them young man to see if a carriage could be pro. unless I asked direct questions. they said the two persons remained until some turned square to the left. a day morning or late on Saturday evening. that I scarcely know how to describe house. some time in November last. Ewing. that somebody had brought next morning purchased one of those horses. and and got lost. He seemed much debilitated. It seemed. perhaps. to the town. Mudd by some person wliether he could now recognize the person he treated any thing had been paid to him for setting as the same person he was introduced to the wounded man's leg. It was at the las* younger man of the two pass to the left of interview that I told him he seemed to be the house toward the barn. I thought I discovered. He started out with the plowed ground. had a long. wanting to buy farming lands. across a piece of time after dinner. Mudd described the main traveled road. be bought in the neighborhood cheaply. 169 from the young breakfast about these two man coming down shortly after and asking for a razor. and then Cross-examined by Mr. MUDD. been two suspicious men at his house. The young maa remarked that he it. and urday evening. asked him the direct road to Dr. Mudd stated that he dressed the limb as cealing the lower part of his face. rode on to join the young man who had gone ahead. and together they rode into the pines Dr. that there had had not before seen. and across it on to the hill. but direct question.

came to him at any particular moment. him Mr. said he should send him to Richmond. occurred before or after the man left. on reflection he remembered that he was the They never talked much in the pre. Mr. Mudd. May 25. Mudd's last I understood Dr. and ate Mr. and was going off on it. and he would Mr. and the place was a atale ot general excitement he had come was dressed in White. but Walt Bowie. gray breeches. one of his slaves. He said nothing about sliooting of the way. Surratt there a dozen I do not think he slept times last summer. and I know lie said do not know what month it waa he was going to Washington then. Perry. from Tennessee. he supHe did not say posed. house. only the remembered that it was the man to whom he men that used to come there. and George Gwynn.se while the When Sylvester Mudd rebs were about if he had come in riglit they would have and some others came. Mudd. Samuel A. in but he could not. he did not. and brought letters duced. with yellow stripes that the man was very much worn and de. to fbut of course the open liglit of day. disgui. Dr. and when the stable. Dr.se. he saw the wounded man going away He did not sleep at Dr.down the^ leg. I that prisoner yonder. to be the Booth to whom he had been and his hair was light. Sam Mudd. Samuel Mudd. hobbling through the mud. took dinner there six or seven times last the men from Washington were alter them. I As near as I can recollect. Mudd never slept in the woods. aijd when he would go to He said tliat. tiiat they lay in watch for him. they got soared. while at hie man. the bed-clothea had been introduced. he said it at the table. the reason for not remembering him at first yellow. came from Virginia. A young man named Albion him. apples and peaches were For the Prosecution. Ewino. Andrew Gwynn. they When they came to all slept in the woods.selves up stairs. Mr. that he did not see them leave. he would have killed him.'sence of man who was introduced to him in November the family. by Dr. They He gave a. Surratt was a young-looking recognized the wounded man. tion. Samuel Mudd and his wife both called introduced in November. and he gave them letters but the impression made on my mind was and clothes and socks to take back. ing of the face. Surratt and Andrew Gwynn have recoUfcted the man from the photo. and going all the time. After Dr. Vincent in the woods. I believe. I heard iiim talk about President Lincoln. MudJ to mean that lie summer. but out in from the house. times slept. He came very often. Mudd] I was his slave. on reflection. the words used would set them down. [pointing to the accused. noon. Mudd I do not think he said any thing to indicate that the wounded man at said that Mr. dressed any time entirely threw off his attempt to in woman's clothes. that Dr. they always went ofl" by tliemlast. and lived with him four years. Herold had been riding the bay liorse. William Mudd. Besides him. dressed in woman's clothes. not very tall. Mudd. Hia expression Dr. nor very short. a Captain Lieutenant Perry. Elzee Eglent. Surratt. were that he should not the victuals. however.s were dressed in gray coats. I think he said. and that he seemed to make an effort brother. Mudd would put us could not see them the moment after they lefl out to watch if anybody came.Virginia and conie back he would stop there. with Dr. visited Dr. but when he came to reflect. they would run out killed him. A man named John Surratt and a man By the JiTDOE Advocate. none of them ever The last time I saw Mary Simms (colored. I lell him about a month before this Cliristmas gone. he — ripe. he said. to Monday night. they said. if Brooke saw Mr. they would run to the woods again. they all visited the hou. By make me take the victuals out to tliem.get them. Mudd shot my bilitated.build batteries. The roan horse. from which he recognized the wounded Some men that were lieutenants and offiman as the one to whom he had been intro. as he came back in the after. Surratt at Dr. the house to eat. trimmed up with that it was before tlie man left.) did.170 THE CONSPIRACY TRIAL. slim made. but he did not say whetiier this reflec. there was a Captain in right.cers. It was about four years ago. Surratt there. but from the position he described them as being in. and tlie fact that he someCross-examined by Mr. and that he did not know him or re. he remembered him as the He was there almost every Saturday night person to whom he had been introduced. was in the stable. in reference to recognizing and then the rebs would come out and get Booth's pjjotograph. . member him when he first saw him but that up stairs and in the parlor. Benjamin Gwynn. he woman's clothes. say that that reflection or memory 1 am sure I saw Mr. Ewixg. to Dr. was that he did not recognize him at first. Mudd's sev- He summer. the shav. I have seen Surratt in the house. named Walter Bowie. in the house any time. and stand and watch. they all called him that but. and Albert Mudd saw Mr. Surratt there. he to keep the lower part of his face disguised. he Dr. we told them somebody was coming. were taken out into the woods to them. Lincoln came through.were the only two that I saw come out and graph. He said that he stole in there at night. the woods. but when . gave better opportunities for observation. Mudd's.

Sometimes he would Elzee. about a quarter of a mile got mad with one of his men. and to out. when he sleep in the woods. under I know Dr. Mudd and liis wife. he told me so up stairs. 3fay 25.] I left him this coming October two years. him say what he was to do there. send him to Eichmond. EwiNG. Samuel Mudd he was my the oak-tree. He sometimes August before last. sir. would bring the news. Eachel Spencer and Mary Simms. he told me the morning he was his slave. and. I object to that question and summer I was there I heard him say that President Lincoln would not occupy his seat the answer. and would come to the house at diflerent times. yonder he is. Sometimes go away.] I left J was his slave. Ewing. come once a week. where their hor. him on the 2Uth of the Melvina Washington (colored. Sylvester and Frank. these of them. there for a week or more. Albion Brooke was a white man. in the pines not far from Dr. dressed they were all sitting down to dinner. — with his father. He told me he had a place in some little short jackets. the others I did not know. and A. He whom he was talking. ForUhe Prosecution. but I have seen victuals going that way often Cross-examined by Mr. and sometimes slept there. One they were told somebody was coming. EwiNG objected to the question and By Assistant Judge Advocate Bingham. I do not know the lue to Eichmond. [pointing to shot me that he had a place in Eichmond for the accused. 1 For the Prosecution.TESTIMONY CONCERNING SAMUEL A. When heard Dr. Ewing. I do not know of any white people that saw these men Syi-vester Eglent (colored. on and off. . about sending men to kept coming. enough I have seen my sister. Mary Simms. teries. and I left the next night worked out in the field where the colored Forty head of us went in company. answer. Some had on gray clothes. I see him there. at any time. Mr. Last August. He named four more that he said he was Dr. Mudd.) but Dr. The Judge Advocate. That was in the June and Those men that staid in the woods were July before the last. say this he was standing at my old master's front gate. men rushed from the table to the side door. Mudd and myself were times during that week. Q.) Mr. He did not say what I was to do they staid in the house. That was the last Friday in the uel Mudd's wife was his aunt. Yes. It was winter when Q. talking boss. I saw men come to Dr. Mudd 25. used to go to Virginia and come back. with black buttons. 171 eral times last summer. Mudd. May 25. Mudd's. but I do not know who question is to show disloyalty. if so. Mr. The Commission overruled the objection. Mudd carried victuals to them sometimes. till summer was Eichmond. and go back to the woods. carrying them. Mudd say one day. Ewing. Samuel Mudd. and gray breeches. I to Washington and back. The last me. and never saw them present when he told me he was going to send there at any other time. I heard Dr. I happened to be at the house one time when two brothers. Dr. to see them. what he said. — — . SamWitness. coat-like. and he thing. Samuel A. Frank. The Commission overruled the objection. Andrew Gwynn. did not stay about the house. and Dick Gardner. and they some in black clothes and some in gray. and they went away in the night. but 1 did not hear I don't know where they got their victuals. and two colored women. they were. and that was how 1 happened . . I do not know where to. That was the June before the last. names of any but Andrew Gwynn. and Witness.ses were. [pointing to the accused. I reckon. and lived with him. and after that I did not see him. but when there I used to live about a quarter of a mile was company I had to go up on account of from the house of Dr.) August before the last. my brother. a twelvemonth ago. The object of the long. Cross-examined by Mr. and every time he heard him say he was going to send me. State whether you heard him say any Surratt commenced to come there. I lived the milking. gray had two of the boys watching and when jackets. people were. and then again he might and Lou Gardner to Eichmond to build batnot come for two weeks. Samuel Mudd I left him about sending you to Kichmond? A. Did he say any thing to you before you I used to live with Dr. There was a heap of gentlemen in the house at the time. that he would off. Elzee Eglent For Cross-examined by (colored. Samuel A. Mudd's spring. I had seen before. They used to and went to the spring. going to send to Eichmond Dick and my and once he sent them by Mary Simms. I noticed them up at the house seven or eight Nobody but Dr. MUDD. I the Prosecution — May . to Walter Bowie and Jerry Dyer. Eichmond for me when I should be able to and a little peak on behind.

was not two years ago. up among the bushes. [pointing to the spring. For the Prosecution.) the Prosecution." n tobacco-planting time. but I don't remember seesome of the children to stay out of doors and ing them before or after. When were in the stable. was I worked in the field. "Damned if Dyer and Dr. Those men that were at Dr. Albion Brooke watch.] 1 left his cross over on where" he did say at that time. — ^fay 25. Yes. I saw them two or three he was in the house. Of late I have lived near Willie Jameston. light hair. I saw their Bowie. blankets spread out. and if anybody was coming to tell him. house sometimes. down at the spring. and ought to For the Prosecution. Benjamin Gardiner. summer came all together. (colored. I have never seen Andrew Gwynn with Surratt at Dr. 1 happened to be home. Dr. I them they were always together. and said to him. I see him here now. " Take Mr. Mudd tolti his son and times that week. the Doctor had been to see her. slim. pine tree." Then he said. sir. see if any body was cAming. I reckon I am about fourdo not know whether I would know Mr. Dr. was there at that time. prisoner.] know Benjamin Gardiner.the boys had to go to the door and watch to times out by the spring. in Maryland. I [pointing to the accused. and Dr. have been dead long ago. the devil. State whether you heard any conversation between Benjamin Gardiner and Dr. when I said that was much of his mind. what. and sometimes my mond. got away from home. Billy Simms. Then I was the slave of Dr.172 MiLO SiMMs THE CONSPIRACY TRIAL. Q. and then I have heard that that sometimes staid in the houne and some. EwiNG objected to the question on the that time. it was fixed under a among them once. I years old. I had every other Saturday. — Cross-examined by Mr. I do not know his name. Samuel Mudd. I only rememThey l)ad on plaid gray clothes. Samuel Mudd came out to me and said. stable and feed him. Surratt's horse to the He staid all night hannock. I saw them all there Stonewall ain't the best part of the devil. I think they were dressed in black and blue. I don't know what he was to do sister carried them. Some of I was a slave of Dr. . Perry. Dr. but sometimes at the house to take the horses from the men who came teen there. I saw two or three me« there. that Abe Lincoln was a God William Marshall (colored. but I did not know them.) damned old son of a bitch.] I left his house on the house. — May 25. but I realljr house in January last — . The last sum. They got their victuals from his lived with him. The Doctor said A. Dr.he was going to send him down to Richried them out himself." Mr. Mudd's house. I only saw him there two or three times. They got their victuals I heard Dr. Who said that he was the best part of Charley something. Samuel A. Mudd about the rebels. with Jerry ''Yes. and them slept in the pines near Dr. he used to go with Last year. heard Ben Gardiner tell Dr. and one had ber the names of Andrew Gwynn and Walter stripes and brass buttons on. Simms took them away. Mudd. and when he came out Mr. and he is going to the Point of Rocks someto the accused. Samuel Mudd. in Beantown. Mudd's There he is. soon A. The Commission overruled the objection. Samuel Mudd. one of his neighbors he was my wifes master. Mudd I was a slave until the year 1863. Mudd's last Samuel Mudd's wife called him so in Dr.sometimes. Surratt now. and no whiskers. and went away together. sometimes he car. I heard John Surratt called by that name in the house. He was not shown to me by any one. May 25. them at Dr. Mudd s father's house. There was a young-looking man bed among the bushes. and a ground heretofore stated by him with refer- 1 belonged to Mr. He was a spare man.) I remember some five or six men being there at one time last summer. Mudd. staid about a Mudd's presence. it was last summer. Mr. last yea Q. "Now he has gone sec him among the prisoners there. Mudd. Blanford. [pointing around up. I don't know what to compare him to. and their battle with the Union forces on tlie Rappa. I forget Beantown ' Rachel Spbkcbr For (colored. Dr. Samuel Mudd. Samuel A. The men would come up to the mer 1 was there. " We ^ave them hell down and the Doctor said on the Rappahannock. rails were laid at tlie head and he was not very tall. Mr. we did. about three or four miles from the house 1 had been there with Dr. after the battle at the Rappahannock. Stone. man named came with him. Mudd took them out himself Friday before last Christmas. ence to similar questions. I did. week. Their horses pale face. and John Surrattor Billy Cross-examined by Mk. Gardiner met him at the corner of the house. My wife being sick. On Saturday. there were some more gentlemen present. about tobacco-planting time. She would lay them there. I knew him last summer. Mudd tell one of his men that from Dr. Mudd for some meat when I heard It that talk between him and Ben Gardiner. I Benjamin Gardiner said. I have seen is . Dr. but slender and fair. Samuel Mudd's. Stonewall was quite a smart one. Dr. Stone.

if that be the case. and he said. I just got up and he meant it. only I said. and he said he had after the President was killed. his return. Cabinet. but before the assassination. Downing was at home when we had this conversation." Mudd's conversation he did not seem to be joking. we went to school together. though I believe he was out at the time this pbrtion of the conversation took place. where he was going to cross at "and I would not be the Point of Eocks the least surprised if very soon from this" he stated at what time. and when he was a boy he was full of fun and jokes. He then said that Abraham Lincoln was an abolitionist. and that it was was going to kill him. Downing's this year. when they were looking for Booth. that he was always running on his joking ways. Mudd s. and. man that his feeling was for State rights . whether or not he was earnest in what he said. he had gone out to the kitchen. Q. After Mr. Downing returned. or somewhere else. and Mr. Downing. Thomas. Cross-examined by Mr. and directed it to Ellicott Mills. " Well. but I forget at what length of time he said "he will be down here and lake the capital of Washington. Pie did not look as if he was angry or speak Mr. and after hear. that he always was a loyal nally meant it. but after a day or two I thought asked Mr. and I thought Richmond would soon be. sense. — — Q. Mudd." I thought if he had heard it he would not have said any thing about it. talk of the President being assassinated. No. the Prosecution.taken the oath. and other Union men in the State of Maryland would be killed in six or seven weeks. Mr. I told him nobody President was well guarded. I did not remain there more than half an hour or three-quarters of an hour. I mentioned the conversation I had with Dr. Mr." he did not consider it binding. M. Provost Marshal of the Fifth Congressional District of Maryland. but that he was no more loyal ing that Booth was at his house. Dr. Lemuel Watson. he did would ever come to pass. that is the only time I have met Dr. to my brother. after the assassination. laughed to think that the man had no more it was compulsion. he made no objection . conversation before the assassination. almost everybody I saw. A. Downing was out of the room long in malice. if a A. " and Dr. I asked him if. Mudd that the war would soon be over. but it is impossible for me to say Oross-examined by Mr. Stoxe. I thought the not consider it binding. army " our army. who lives close by me and about a mile and a quarter from Dr. and that we would soon have peace. That was all that occurred after Mr. I did not think any such thing man was compelled to take an oath. I thought he than he was before. 17. I am glad I was not in there. Thomas. Mudd did When Dr. to the best of in earnest or not from the language he uses. and he went on to state that the President. . but had never received an answer and I concluded that my letter must have I mailed the letter at Horsehead. You thought it was a mere joke at the time. Mudd said he would not be the least surprised. after having taken the oath of allegiance. I know Dr. Did you think at the time that he was oath do you consider it binding ?" in earnest? "No. This conversation with Mr. Mudd first said it. Ewixg. and to several others in Bryantown. if he certainly could not have meant it. he brought in some. W^e but I siiould think a man was in earnest to had no further conversation after he came in. and that the conversation related is substantially all that occurred. but he had taken the oath. that South Carolina was taken. Dr. and that the whole Cabinet were such that he thought the South would never be subjugated by abolition doctrine. Mudd and myself about exempting drafted men. Mudd. Two or three weeks after this conversation. I told Mr. but I never received an answer from him. Mudd at Mr. . Downing's. Mudd at John S. I made a remark to Dr. some time in the latter part of March. or something like it. am acquainted with Dr.i been miscarried. Downing came in. from the way he said it? A. Dr. When Mr. Peter Wood. I had a conversation with Dr. We were engaged in conversation about the politics of the day. He said he did not hear it. Downing retui'ned to the room. a good Union man.— TESTIMONY CONCERNING SAMUEL forget now. MUDD. he would consider it binding. . of this Daniel For I J. He said he thought I for him to take the oath. Mudd. 1 am positive that nothing was said between Dr. I mentioned it to Mr. Downing one or two questions. About two months ago. Downing occurred when I met him on the road leading from his house to Horsehead. Mudd did not say to him that I had been calling the Souther. I had written to him several times before. —May 18. sir. Downing said it was only a joke of Dr. After or to the wood-pile. Mudd's. C. and soon have old Lincoln burned up in his house. and I also wrote to Colonel Holland. He was laughing at the time. Mudd had said to to it. From Dr. I thought not say another word. but everybody laughed at the idea of such a thing. my recollection. I believe. " You are a man who took the lie said. I can not judge whether a man is enough to get some wood. it was not compulsory a want of sense on his part saying so. I spoke of what Dr. nor had we been speaking of desertions from the rebel army or from the Union army.

About the — tainly before the assassination. but wliat I William A. And you did not ask either of the gentlemen 1 have named for a certificate of the fact that you were the first person who gave the inlbrmation which led to Dr. I never thought of such a thing as being entitled to a reward. 1 told Mr. because they were afraid I would have them sum- we moned. been said that if I had told anybody before For the Prosecution. and that is the only paper 1 asked them would give me a certificate I should be en. When these men eon. —June — 5. Q. cer1st or 2d of March last inauguration day I saw Dr. and that if they sign. titled to the reward of $10. Downing about my being a marshal or deputy marshal. and I told it as a joke. I then that I had been asking any of these gentle. rode up. for the last fifteen years. Surratt's. I never looked for or expected such a thing. could not help laughing. Dr. I certainly did not say to Eli J. said. he did not consider the oath worth a chew of tobacco. Naylor. that I wanted I to know if he considered the oath binding. and knowing that Mr. I let him drive past me. having taken the oatli. never losing sight of him. and was told it was seen rebels going in T had Mrs. did say was. Street.told me that I had mentioned this conversatrate." Recalled for the Prosecution. Watson when he was at my mother's one day. near Horsehead. and 1 will have brick house.to sign. I do not myself remember whether it was before or after the assassination. Downing had been a justice of the peace. Streets. Mudd I I never was have. at different times have seen Dr. or between Eighth and Ninth Streets. of perhaps two etoriea and an — — .000. that. Mudd was convicted. there Judson Jarboe and others and I I just said to them. but I never did ask them for a certificate of the I fact that I had given the information. arrest of Dr. that I was entitled to so much reward if Dr. I did not state to Mr.asked them if they would sign a paper to man for a certificate to the fact that I was show the Court that I had mentioned it beThat was my object in asking them to the first to give information which led to the fore. I looked upon Colonel Baker's men saying it as a joke at the time. ought not to say He said such tilings about the President. or about my having a commission from General Wallace. with whom I have a slight acquaintance. George the conversation with Dr. drive past me as I was driving to He passed me. When I was on the stand before. Mudd." They said. Samuel Mudd.before the as. Mudd at different places in the city. Never. and William Wat. and as I wished to take my time. "You can A. I prove it. though introduced to him. after that I He. 174 THE CONSPIRACY TRIAL. wished to know who lived there. they did not hear it. Richards. I the city in the morning. I never would have a reward. by some of Colonel Baker's men. that 1 had been told in Washington. Mr. before meeting these gentlemen. Mudd was arrested before I knew it. on the 1st of June. did not hear you then. H somewhere along there. told my had had with Dr. Benjamin J. Watson. Samuel Mudd was convicted.000. I did not tell joke. or of having received any letters from him. on the 1st of June. Mr. Lemuel Watson. " No. I asked a policeman.saw him the National Hotel.. and for which 1 was entitled to $25. with John Stone wanted to know if I had mentioned R. I would be entitled to a certain part of the reward if Dr. Surratt on I could not say positively where the house between Ninth and Tenth it may be is. It was a Bay I mentioned it before the assassination you can give me a certificate. Evans. It was in consequence of such expressions. but that I would be very glad to receive the reward if I knew these fellows said it in a it were so." they said. — June and more than 6. about eight miles from the city. you summoned to but that he did not consider that oath binding upon any person. Everybody knows that such a thing is never going to come to pass. I think." Said I. had a fiery horse. when James W. Ewing. Richards that I had been saying that I was the person who gave the information that As it had led to the arrest of Dr. Mudd. Samuel Cross-examined hy I Mr. He think. Before tliat I had said to Dr. When I mentioned it to him. Richardson. I was at William Watson's door-yard. But I said that I never expected or looked for a cent. that I wanted him to certify that I had been the cause of the arrest of Dr. and a lady who was on the sidewalk. go into the house of Mrs. Mudd. Richards tion to them before the assassination. or that I had given any information which led to his arrest. for I never did give any information which led to the arrest of Dr.sassination. whose house it was. brother of the conversation I Mudd at Church or before Church. Samuel Mudd. he laughed heartily. To certify that I had said such a thing before the arrest of Dr. Mudd's arrest. Mudd. said nothing to Mr. and af Last winter 1 . but I followed him up to the city. told them that I had mentioned it to some persons before and to some since the assassination. the magis. Q. Mudd that he. I inquired of them if they tlio\ight I would be entitled to it. " Will you give me a piece of paper to show that I mentioned it to you before the assassination ?" " No. What did you ask for a paper for? A. Mudd only did that to scare you. met Dr. Mudd to any one Lynch. " Dr.

Q. and our books are not allowed to be taken out of the churches. When did you commence this extra to go to prayer meeting. Very well. I was in my buggy when I passed Mrs. I said I was on my way to visit some families.pains to arrange my journeys so as not to go auguration ? over the same ground again. and can talk as we please. 1 have been so confused since the death of President Lincoln that I really I at times am bordering on insanity almost. we will try Witness. so as to be enabled to attend the in. but did [The witness. Clampitt. but I did not put Dr. and it is difficult for me I could not get out of buggy to get along . Mr. of the Southern Church. Witness. Aiken. Mudd going into Mrs. and a dark slouch hat Q. as he passed by. A. my Butler. I have a fifteen years. My horse got scared at tlie time. EwiN'G. When I saw Dr. I have answered every question that he has asked me. We any Witness. Mudd drove a two-seated what is termed a rockaway. The witness has been told once that he must reply to the questions.] sonal history. at the rcqnest of the counsel. but I could not name any but Ulysses Ward that On the same day I saw Mrs. between the Patent certain amount of work to do. and have been for always like to discharge my duty. I keep a journal of the visits I make. work. thing else but answers to the questions. And make me do it. colored clothes. drove on past me. he passed I think often on the road during last winter. The President. how rude he was in almost knocking his wheel against . Cross-examined by Mr. I visited other families that day. Office Mrs. Judson C.] It might have been a year ago. Thej-e were members of different Churches assembled there. You seem you to want with to it. Mudd's name in that. Mudd riding into town. [pointing to the accused David E. and I saw them also at different times during the winter. If the Court wishes this examination continued perpetually. in order Dr. Mr. and was very near throwing me out I remarked. Butler. they would have no efiect in fixing the date when I saw Dr. J. The Rev.. etc. and I want to and the President's house. but if a hundred such journals were here. G. Q. The President. Mr. Surratt's house. colored. and then in that neigliborhood if the horse ran away. Mudd to be present at the inauguration. Witness. 175 and is. and I wanted to lived at the house he was visiting. I hold a position in the Post-office Department. can not say when last I saw Dr. EwiNG. Mudd had on darkSurratt's house. described it someindetinitely. Dr. going to see the Rev. is pastor of that Church now. We do not want your perthe right-hand side going toward the Capitol. way liave only one leg. I vvas on my way to see Dr.TESTIMONY CONCERNING SAMUEL attic. I ask the Court to restrain him to enable me to get through the examination. I I am a minister now. deaths. and deaths is in his possession. Witness. and at the same time call in at the Union Prayer Meeting. Jarboe was coming out. and I came home and told my I might have been about 11 o'clock when I saw Jarboe come out of the house as Mudd was going in. I take Q. and is on do it. give every thing be so precise. A. dered one of our citizens. Yes. Sophia Pressy and Miss Pumphrey at their hou. A. Ilenry Highland Garnett. Being lame. never got such a shock in my life. Suiratt's house and neighborhood. my buggy . A little of it will not do you any harm. I once saw him coming up with Herold. marriages. EwiNG. I will answer them. I do not think it will do any good in this case. Three or four days before ? A. T am so confused at present that I can not recollect. to the best of my ability. Herold. and I was making arrangements to come up to the inauguration on the 4th of March and I was coming up ver}' early on those mornings to do extra work. with some kind of dark-brown overcoat. I it is took the lady to be Miss Surratt from her Jarboe had murlikeness to her mother. know who I Cross-examined by Mr. If you do not do as you are directed. About the latter part of February. Surratt's house. No. what Witness. I think. Witness. I believe. MUDD. sir. Dr. Mr. I saw there. Now state how it is that you are enabled to fix the date from the 1st to the 3d of March as being the day on which you saw Dr. and I could not refer to this journal because it would be impossible for me to get possession of my books now. Mr. We are not so precise as to your personal history. Mudd before the time I have referred to.ses. I was then moderator of the Presbytery of the District of Columbia. I saw him shaking hands with a lady at the door as Mudd was going in. sir. but I can not remember their names now. EwiNG. Mudd go into Mrs. Several days before the inauguration. this witness may be indulged in his lucubrations as to his history and answers to every thing except the questions that I propose. The President. and the journal of my baptisms. baptisms. carriage. I hold a secret commission wife I was very near being thrown out. do not want The President. Did you not say that you were on your It to a prayer meeting at the time? A. We are all free and equal men. I connected I was riding down the street.

Mudd returned. but have never received one cent for any duty of that kind. about half a mile from Bryantown. and then by the citizens. not faster When he told me that the President had been than persons usually ride in the country. Mudd's. but When Dr. antown on Saturday evening after the murder For the Prosecution. When he about getting home. the second time I went up. Mudd passed the first time. but About eight or ten minutes after I saw him he refused to do so. between 1 and 2 o'clock. as Bryantown in a very short time after he spoken by the soldiers who were not familiar passed my house. staid in Bryantown a quarter of an hour. I was not . and was there at about 1 o'clock. I saw I suppose it was between 2 and 3 o'clock. ia four or five miles and the man that was with Dr. I think the The darkey who told me that the Presi. I could nst state posi. There I heard I know the prisoner. Mudd he lives of the a:5sassination. a quarter of a mile from the road. Mudd left. as 1 have not any thing By Mr. I did not hear that the President had been did not see the gentleman with him. My house. getting late. .) deserters son I find tlicm. I do not know that they went into heard this. I was in BryJoHX H. did not tiike much notice. night the place was guarded. the commanding officer to let them go. Stoxe. It was spoken live. the 15th of April. when he returned. — May 20. where I assassin's name was Booth. I live in [This witness was excoedinBly discursive. There is no road that report. to tell by. .] For the Prosecution. Samuel Mudd there. I could not tell precisely the time 1 left Cross-examined by Mr. I also heard that the about four miles from Bryantown. Mudd I saw the per. town together they were together until they The village was put under martial law. Samuel Mudd I was in I live in the suburbs of Bryantown. Cross-examined by Mr. but I found the soldiers from Washington. Ewixo. Before and that'there was great excitement among know what time Dr. and hill cxamioation was consequently very lengthy. 1 reckon I live about by the darkey.far from the road to know what kind of lookantown. it was a dark. am Charles County. Soon afterward a negro Mrs. and I live on the right of the road that leads went to the village. home. Maryland. .) came up and said the President had been For the Prosecution. Cross-examined by Mr. Bryantown. I observed that the I left Bryantown before night. It was but a short and many of the people began to be excited time until Dr. name was Booth. land. I went into town myself On arriving there I think I saw Dr. The above narratiuii coutHius ull the maturial facts testified to. I suppose. that he was shot on Friday night at the theater. arrest I supposed was tlie Doctor I saw about a quarter of 4 o'clock. Mmld's. of by everybody at Bryantown first by the riding into Bryantown late in the afternoon. where I found it a current up to Dr. but I do not know. Mudd was from Dr.se. I immediately left home. assassinated.back the same way as he went. Mudd with language they could not say Booth. As soon as I arrived. I wish to discharge my duty acquainted with Dr. ability. Ward. and the excitement was so great that I can not then I heard of the murder of the President. May 19. Mary. and those who seemed to I could not tell whether it was an old or have an amalgamation of the languages young gentleman with the Doctor. I do not military were in town with Lieutenant Dana. told me that his evening. and have been so toward the Government to tlie best of my for two years and five months. expecting that the soldiers would search the houses. Eleaxor Bloyce (colored. 1 immediately left home and went again to the village. I passed.obliged to go through Bryantown. turns out between my house and Bryantown. 1 do not think Dr. side by side at a tolerable gait. I saw him on the 15th of April last. of the President. but I dent was assassinated was Charles Bloyce. were out of my sight. say positively that I did. he apcalled it " Boose. and made application to came back the gentleman was not with him.17G under the Government and dinlovalista wherever to I TUE CONSPIRACY TRIAL. military. drizzly." peared to be riding a bay horse. and I heard the people as well as the militar}\ I went that the President had been a-ssassinated. I went to "Boose" was the name of the assassin. the first intimation I had of it was ing gentleman he was. — — . and it was There was a gentleman with him when he spread about that Booth was the assassin.there between 3 and 4 o'clock. EwiNO. He did not tell me who did it. assassinated. Mudd went to the village as soon as I had finished came in. and saw Dr. I a gentleman with him. I went home.Doctor was riding a dark-gray hor. I am personally a detective. I the store buying something when Dr. May 20. On Saturday. Frank Bloyce (colored. foggy Those who spoke audibly. They were riding a brother to the one who has just testified. Dr. I was too assassinated the first time before I left Bry. I suppose. I did not hear who shot him. my dinner. Mudd. or come tively that it was Dr. . Ewino.

Henry John. He was sitting there on the horse. MUDD. 132. and his hat. He said he had made a misson. I happened to be standing at the door when Dr. and O'Laughlin. On entering the courtroom this morning. he had on a black coat. Wilkes Booth by sight. a I think. that day of having seen When Dr. see A. page 149. MarMy impression is that it was after I heard shall. and this gentleman came back again. having seen liim act several times at the theater.also that it was on the morning of the day I recognize the person. and the doctor kept on to Bryantown.TESTIMONY COXCERNING SAMUEL at the door all the time. who has just testified. Mr. Mr. in in this city. 120. D. ber the motion was argued on the day the The swamp is on the other side of the person I speak of entered my room. and said that he had made a mistake. I reckon. For the Prosecution. Mudd entered my room he this man with Dr. I think. [pointing to the black silk hat of the President on the table. first by the fact of its I went to town a very little while after the being immediately before the inauguration. Samuel A. When I pointed them out I did not know their names. C. Dr. Mudd. rodt that Dr. Mudd. He house. I was down Cross-examined by Mr. I there heard of the mur. knew J. Gardiner Anna E. as I was standing in the kitchendoor. They passed about 3 o'clock Hotel at the time. Quinn against WalHs Hollister. he entered my room. and apologized in that way. what excited. Mudd. I Thomas L. He staid at back. Mudd. like him. the day after the President was murdered. Doctor came back.hurry rather. Norton. about a quarter of a mile from Bryantown. 88. —June 3. Mrs. no overcoat. Mudd passed and the gentleman with him. and when he returned alone. William Williams page " " 87 88. His hat. Surratt Miss Honora Fitzpatrick Miss " " " 71. and I have no doubt it was on the 3d of March. Dana. under the following circumstances: A person hastily entered my room. but I could see over into that the conversation between Booth and Atzebranch. I told my mother. and the latter held in his hand. Dr. in the case of John Stainthrop and Stephen killed him was named Booth. was. My room having thus been entered by a person apparently excited. that he wanted to was Louis J. Samuel Mudd. See also the testimony of stopping at the National Hotel. Mudd and had on a black coat. I told him tnat Booth's room was probably on the floor above. Marcus P. Horatio King the three prisoners I had seen at the National Hotel Dr. The soldiers were in Bryantown so high." with Dr. was black I think it was a hat something like that. Norton. just below the barn. he turned and gave a look at me. in occasion. 77 in the National on bay horses. By the Court. On Saturday. Atzerodt. Stone.] but not I started for Bryantown when Dr. when I saw him again. I rememCross-examined by Mr. Samuel A. Simon Gavacan Joshua Lloyd " " 89. He kept on down the road to the — [ See testimony of Marcus P. on the morning of the He appeared some3d of March. a black one. the number I did not know. Ewing. 177 Mr. and the next day seemed somewhat excited. Booth. I know Dr. but not in the same branch the gentleman was in. I had perhaps ten days 77. The bridge is in sight of the town. 12 . I saw the accused. pending before the Supreme Court. Sam "There's I do . I pointed out to the Hon. and went as far as the swamp. I think. when I got there. der of the President. and Maria Kirby about it take in the room. made an apology. about half a mile oft'. 118 Lieut Alexander Lovett Lieutenant D. I saw him again going up the road with Dr. about 3 o'clock. in the branch getting willows for Dr. before been re- By I Assistant Judge Advocate Burnett. Mudd entered my room. or perhaps in a I also told Baker Johnson. The gentleman went toward the bridge. Samuel Mudd. I left my writing and followed the person partly through the hall. as the man who wood at the wood-pile said. John McPherson's. n't .— May 19. As he went down the flight of stairs to the story below. Mudd was dressed in in the afternoon. I think both of them were I occupied room No. moved from room No. stopped at the bridge and came back again. 90.] swamp. from about the 10th of January While there I to the 10th of March last. strange man going know who he is. It was his hasty apology and hasty departure that made me follow him. The room I then occupied was No. which he this man went along together. I saw the Doctor riding into town with a strange gentleman. A boy who was cutting black. but not a high-crowned hat. which he had in his hand. 130.) For I live at the Prosecution. Weichmann pages 113. entered my room on that It was either he or a man exactly the swamp till the Doctor came I am enabled to fix the d^te when about half an hour. Mudd came back. but I did not hear until on which I was preparing my papers tp argue two or three days after that the man who a motion. Becky Briscoe (colored.

near Bry* I was told it was Booth. 26. and is our usual port for Charles County. Booth staid at Dr. Charles County. Sunday. I told him He asked me if I I told the extent and price. I reside at Bryantown. . Queen to Church at Bryan town.s8ing on the Potomac from Bry» Burnett. Dr. of the neighbors had been taking their Booth told horses to Washington to sell. of the name of MarI reside in but am not intimately acquainted with him. he asked nffe if I knew I told not give him much information in regard to any person who had any land to sell. when he said. about $5. He I told him there I expected to sell. and many several I would sell. MUDD. he said he would sell. I never saw him but on these two occasions. Booth to him. about the latter part of October last. He then said. Wilkes Booth at Church. or with his affairs. and I told Mr.178 THE CONSPIRACY TRIAL. and I did not know but that he came down there for the purpose of investing. these matters. Mr. I think. who said he was coming down to look at it. Ewixo. Dr. if my memory serves me. Queen's. Mudd. when he to sell his land. "That fellow promised to buy mine. I believe. Queen from some one in Montreal. horses for sale in that neigliborhood. and about the roads in Charles County. By Mr. I know the Doctor per. a letter of introduction to Dr. a large land-owner. DEFENSE OF SAMUEL John C. Samuel A. William T. and that is from fifteen to sixteen It is about fifteen miles from BryI live about seven or eight miles from Dr. Bowman. he staid one night and left early next morning. he told me that he had made a good deal of money out of it. to my knowledge. or again in Bryantown. antown. 1 I four or five days after Booth saw Dr. it was MarBooth tin. May 27. my father-in-law. For the Defense. it is in an easterly direction from Bryantown. I asked him what he expected to do in case he sold his land he said he thought of going into business in Benedict. or whether he lives upon land that belongs to his lather. " I will — A . I do not know that Dr. there. I happened to see Dr.. Samuel A. Queen. Mudd owns lands. few days afterward I saw him to $50 per acre. Some there. and do not know whither he went when he left Dr. I told hiiu I had Government had been purchasing. the trageI told him that land varied in price from $5 antown. Cross-examined by Assistant Judob Adtooatb was Bingham. which ia opposite Bryantown . poor land being worth only dian. and spoke to him. who stated that this man Booth Booth's object wanted to see the county. etc. dispose of. I believe. could get no hands. None of the family. Mudd's father. would be worth $50 but I could or two other persons." thought asked me to 1 whom By Mr. A. he told me so himself. was a man by the name of Booth. had ever seen or heard of him He brought before I know that I had not. Maryland. Queen's.antown to Pope's Creek. Matthias Point is the Assistant Judob Adtocate Cross-examined by nearest cro. but I know that his father is an extensive land-holder. tin. Thompson. and took him to the window and He also inquired of me if there were any pointed out the place to him. The distance from Stonk. I was introduced to him by Dr. and referred him to Henry him 1 had a tract which I should like to Mudd. —May By Mr. For the Defense. Mudd in front of the Church before entering. Stonb Charles County. After speaking to one on a river. Queen's house ber. sonally. for the had any horses to sell. on the evening of his arrival at Dr. l^Iudd say he would like Last summer. I had a slight acquaintance with a man named Booth. be down in a couple of weeks and look at your land. Mudd. On the next morning. met J. or perhaps in Novemlie was brought to Dr. did not buy any lands in that neighborhood. I told him should now sell my land. Queen's that night and the next day. miles. Queen's. 1 saw the signature of the letter of introduction Booth brought. and as well as I remember. Mr. and made various Some time in December last I inquiries of me respecting the price of land Maryland. in visiting the county was to purchase lands. on the Patuxent River. the first name I forget. I accompanied him and Dr. me. Booth came down a second time to Dr. that he had made some speculations or was a share-holder in some oil lands in Pennsylvania. while land with improvements. to the Patuxent is ten miles. by his son Joseph. Booth that perhaps he might be able to purchase land from him. About the middle of the December following. . and introduced Mr." I have heard Dr. him that I did not know of any.

most of it. and mine. brought Cross-examined 6y Assistant Judge Advocate a pot of coffee. Dr. to stand by the State of Maryland in the event of its taking ground against the Government of the United States. About he Ist of September. Mudd's. the report was that everybody was to be arrested.tinctly remember. I was a member of a military organization in 1861. I never met Dr. sisted of Benjamin Gwynn. Mudd as a good citizen. from Dr. I believe. At the time of which you speak. and Mary Simms. I member telling the children to keep a look never heard any conversation in which Dr. Mudd's or my house.DEFENSE OF SAMUEL three A. house. I can not say that 1 have ever heard a man of known loyalty speak of Mr. Mudd's house for about a week. When we were in the pines. mained until October. was a boy. Dr. A great many were arrested. mine. on the Potomac. Since 1861 he has been in the rebel army. A good many left their homes. boy. Alvin Bi'ook. the father of Our meals were brought us by Dr. Samuel Mudd. Mudd. but I do not know of my own know. that a man by the name of Turner him. I also received notice that I was to be arrested. The two Gwynns came down then. May 27. and know Sylvester Eglent. Henry L. Elzee Eglent. talkhaving sworn falsely. servants of Dr. out. His reputation is so bad that I would had started a report that he was going to not believe him under oath. Such a conversation could not have taken Mudd. I never heard Dr. went to their friends' houses. I know Milo Simms. — I know Andrew Gwynn very well. one or two nigjjts near his spring. before that I lived from my childhood within half a mile of Dr. and the colored girl. Samuel Mudd. and we moved over and lay. Mary Simms. Mudd is understood to own the other side of the swamp. Thomas since he some thirty or forty of the hands had left. but is unquestionably loyal. the object of which was. biscuit. Thomas as a man they would not believe under oath. house in 1861. I think. and For the Defense. 1861. That situation *?as a little inconvenient. but I do not disIst of August for Baltimore. where I re. MUDD. order. were all. Mudd's house and from miles and a half from there to Dr. and there was a perfect panic in the neighborhood. the farms are adjoining For several nighta we slept in the pines between his house and mine. We had some bed-clothing there. stating that they had been in the house to arrest them. Mr. as I left that country on the there while we were there. He has always been regarded hands to Richmond. would be likely to attend to them. I certainly never wanted to see two Governments here. Dick Washington. as other people own their within one hundred and fifty or two hunThe party conland. when I got down very few men there have any confidence in cure the crop. Mudd's. except his shooting his servant. I think. and ham. I met them there at Dr. and if any one came to let me know. and I know his reputation for and I went down to hire other hands to se.always considered him a kind and humane I never knew of any thing to the ington. Mudd said he would send Sylvester Eglent We were all dressed in citizen's clothes. I was in the neighborhood of Dr. years. which he told me of the same day it happened. and Luke Washington. Burnett. was the subject of the Legi»- . I have known Dr. who is a servant of were fed by the boys there. he has a good reputation I have in company with Walter Bowie at his father's for peace. and about obtained from Dr. the I fall of 1861. or from place I have been living in Baltimore for two to place. We were knocking about in the pines and around there. and Albert Mudd might have come place in August. meat.veracity in that neighborhood is such that I heard. Vincent and his brother Frank Eglent to Richmond. Mudd since he was a catch all the negroes in that neigliborliood and send them away. ledge that it belongs to him. munity. I then heard that I have known Daniel J. Milo Simma I reDr. Mudd's father. Cross-examined by the Judge Advocate. I think Mr. It was about the time Colonel Dwight's regiment was passing through. taining bread. there. owns a considerable The Doctor used to bring down a basket conamount of land in that neighborhood. William Mudd. ative man. I also know Frank Eglent. and myself There was at the time a general stampede and panic in the comJeremiah Dyer.dred yards of Mudd's house. Mudd. and I think I have desired that the Government of the United States might succeed in its endeavors to suppress the rebellion. after that we came land he lives on. Gwynn and his brother came down in a frigiit. they master. Mudd's. Andrew Gwynn. There is a large swamp between his house The first night we were on the I live three miles and a half from Dr. and good citizenship. I Gwynn's horses were left at Dr. have never heard Thomas charged with He is a noisy. Mudd's contrary. Mr. 179 Matthias Point. I do not know which. Q. and I have persuaded young me« from going on the other side. I have never heard the slightest thing Mudd say any thing about sending off his against him. I think. or liad been informed they were on their way there. Mudd. Melvina Wash. I think. I am not aware that I have been guilty of any disloyalty toward the Government.

I have been at Dr. Did you not suppose that the organization of which you were a member was at that time regarded as disloyal by the Government. would be nearest Dr. we were up here in Washington. By Mr. Mudd's house is considerably nearer the Patuxent than the Potomac. was wrong. I think. I 1 have heard him spoken of as one who would tattle a great deal. I believe the United States were pursuing the right course. I do not saw his name in the newspaper. Mudd's my head-quarters. from Virginia I took the oath of allegiance. When I returned him at the polls on the day of the election. I brother-in-law to Dr. and by the nearest road it would be ten or twelve miles. and of course I can hardly answer that question. In September. in all probability that company would have been in the rebel army. I wanted to see the war stopped. we never drilled after the breaking out of the war. I think it was regarded by the Government as a disloyal organization at the breaking out of the war. 1861. and I have never. and I saw and 1 go to see them all. I think. I laturc of Maryland passing an ordinance of secession much discussed among you? A. Maryland in so doing. in Virginia. 1860. and we went to at Dr. and hence feared arrest? A. When Richmond was taken. where the main road crosses. I By the CorRT. have not seen a great deal of Mr. Mudd's at Troy. and tell stories. know John H. except in emancipating the slaves. at Surrattsville. Mudd does not live on any of the direct roads leading from Washington to the Potomac. Thomas was. Surratt. We supposed we were to be arrested. I probably heard the subject spoken of very often. In going backward and forward from Baltimore. I have no knowledge of it.say that it was an organnot ization to siipport statue. That is seven or eight miles from Dr. —June 30. 1 hardly know how to answer that question. but I do not know that it was discussed to any extent I may have heard it spoken of in crowds or congregations. Becalled for the Defense. Our company broke up immediately on the breaking out of the war. Ewino. I for the past Richmond to avoid it We were in the pinea Mudd's four or five days before we left. The military company of which I have spoken was organized. I suppose. The military organization to which I be. but so far as conversing with any particular person on that subject is concerned. so that a person would go out of his way sixteen miles to call at Dr. and it was hardly time for men to reflect and give their minds room to see what would be the result of rebellion and civil war. and a great many left and joined the rebel army.lated it By Mr. it was in the start. if Maryland had passed the ordinance of secession. Dr.180 THE CONSPIRACY TRIAL. Mudd's place. I might have been like a good many others at that time. By Mr. belonged to a cavalry company. Stone. Q. Mudd. I was sick there for two weeks. A person leaving Washington. but I can say that it was hostile to the Government and Administration of the United States. That was in the incipiency of the thing. All the shipping from his farm is done on the Patuxent I think Pope's Creek on this side of the Potomac is nearly opposite Matthias Point. This photograph of him [the one in evidence] is. I do not know. I know he has not borne a good reputation for truth and veracity in that neighborhood since he was a boy. am . Recalled for the Defense. am By Mr. Thomas two or three years. my sympathies were on the side of the Government. to my knowledge. at the inauguration 'of the I Oross-exammed by Assistant Judge Advocate Bingham. intending to strike the Potomac above Pope's Creek or Upper Cedar Point Neck. but I do not now recollect I have not been over the lines since the time 1 have referred to. I may have done so. Mudd's. I suppose my sympathies were with the rebels. not aware that 1 publicly proclaimed myself in favor of the secession of Maryland. but 1 can not . think Thomas was nominated. I think we remained in Richmond four weeks. Ewing. would go out of his way seven or eight miles to pass Dr. vio •ic was then very confident of his election. I have seen liim on his father's place. under the authority of Governor Hicks. longed was not regarded as a disloyal organization in 1859. 1 generally make Dr. I have not seen him for a year and a half or two years. in 1859. I thought that — May 27. a candidate for a seat in the House of Delegates of Maryland a year or two ago. my estimate of his reputation for truth and veracity is based upon my knowledge of that reputation for several years back. Ewino. Dr. when every thing was wild excitement and enthusiasm. Mudd's. Mr. I have I two or three sisters in that neighborhood. A person starting from here to strike the Potomac at Port Tobacco. Mudd's several times during the past two or three years. 1 think. and say a great many things that were not true. I do not know that I particularly rejoiced at the success of the rebels at the first battle of Bull liun. a good likeness. 1 accompanied Benjamin Gwynn and Andrew Gwynn to Virginia. On the 22d of February.

and at 12 o'clock. I know Mary Simms. Mudd's gray one. Q. I never saw him on a strangers. A. or the . While living to find with him. Yes. I know of Jerry Dyer and Benjamin dodging about there in the woods. For the Defense. I was not on the sons sleeping in the woods at Dr. since the second year of the war. Dr. except myself and Baptist Washington.coming here. last year. Benjamin Gwynn and Brook. Cross-examined by Assistant Judge Advocate Bingham. Benja. but the neighbors round. Mudd's President was killed. Mudd's I never was a small girl. Samuel both horses. Andrew Gwynn since then. (colored. David Herold. there were no horse.] While living at Dr. I do not know knew all who came there. —3fay 27. . Mudd's house.] I ratt last. Mudd's I never saw Captain or Lieu[ExhibltiDg a photograph of John H. He treated me first-rate.DEFENSE OF SAMUEL Alvin J. From her general character among the servants in the neighborhood for telling the truth. I saw him in Prince George's County last August. nessee. I knew him. place when Dr. I get $130 a year wages. A. said that I know about Rachel Spencer buryMudd's. and Constantine Mudd. I know Mr. but I did not see either of Cross-examined by the Judge Advocate. SurI have known Mary Simms ever since she ratt. You know you took out the bay one and Dr. Mudd's. Surratt. I went to the field. them at Dr. Mudd's. I am working gone. the bay and the roan. Samuel Mudd put up a room between his house and the . — May 27. who is a there still. worked for Dr. I never to Dr. and I have never seen any strange horses in the stable. but I never saw any strange horses there. Andrew Gwynn. noon. I never saw Booth.) For the Defense. Others on the place think saw nor have I any knowledge of those per. I I know Mr. Q. min Gwynn by sight. While at Dr. nor was any thing saw any one camped out in the woods at Dr. Mudd treat his servants ? I have been living at Calvert College. near A. E. Baptist Washington (colored. I was often at the spring. know I that picture. Did the little man on the end of the seat there [Herold] ride the bay one. Q. One was a bay. I took my meals I never saw him. Surratt exhibited to the wit- ness. William A. Mudd's. 181 Q. It is John H. By Mr. What do the servants there in the neighborhood think of her character for telling the truth ? A. the day the is just across the swamp from Dr. No Two stray horses came there the day after the assassination I put them in the stable. I never saw any one there called ing any arms for Dr.[The witness was directed to look at the. I know woods in 1861. Maryland. which I was home on Saturday. It has been four years do not know about any arms being brought since I saw Mr. I was in the stable morning. or said any thing about it. or Captain White. Mudd's. Mudd shot one of his servants. I do not know any of and slept in the house. A. one was at Dr.] tenant Perry. I I Stone. Samuel Mudd. I A. accused. I had no fault I went there in January. No. He treated them pretty well. A. Q. and fed them. Andrew Gwynn and Mr. Andrew Gwynn. She was never known to tell the truth. MUDD. They came there just about daybreak. at Dr. Mudd's. I was there every day. from TenI do not know him I never saw him. How did he treat you ? before that I worked for Dr. Stone. When I brought out the horses.of Mary Simms as I do. I took my meals that 1 shall get anj' thing for this extra job. Sundays and holidays. and the other was a large roan. but have not seen him I never saw any evidence that they did. year of the war. Mudd has only two servants now. Doctor? Albert Mudd. sir. Ewikg. Mudd's gray? —May Captain Perry or Lieutenant Perry. At noon the bay was gone. I do not know where they went. I led them out. Cross-examined iy Assistant Judge Advocate Burnett. sir. Mudd's while I was there. By Mr. 1864. Q. Frank Washington For the Defense. since September last. or Captain White.) 27. Windsor. were then Mudd'a I was his plowman. Mudd's at any time. Mudd. I got a glimpse of one of them as he was standing in the door. I know Jolin H. and Dr. just as the day was breaking. excepting Dr. [ Photograph of John H. I do not know stable night and morning. and 1 lived the whole of last year at Dr. In 1861 I was living at Jerry Dyer's. No one has promised me any thing for in the kitchen of Dr. Mudd. the first of persons sleeping in the at Dr. . How did Dr. when two men called place. Samuel Mudd. Sursaw him about the middle of August about sixteen miles from Dr. and I was in the carpenter. and did not come back till sundown. would you believe her on oath ? jBy Me. not seen Gwynn I have I took their horses. and night. the prisoners.

Mr. sue.182 THE CONSPIRACY TRIAL. Q. so far as I knew. and had How He did Dr. Mudd. anybody being camped about the spring. staid about among friends there for a week or so. Jerry Dyer. 1861. at the beginning of the war. White from Tennessee. Gwynn. at a time of general terror in the community. If t)ie witness should swear falsely as to that.] I do not know that man . ary or February until August. because it was a matter not in is- that last I saw or heard of March We and fall. I was at the stable every day while I was at work. the colored girl. Go on and Assistant jected. and then came to Waeiiiiigton. Mudd's house for a week. Mary Simms put much confidence in her. I did not belong to Dr. and that their meals were brought to them by him or his servants. While we were there we often went to Dr. Mudd treat his servants? attempted to always treated his servants very well. were not there. and 1 never saw or heard of Captain White or Captain Perry being at Dr. and had stated that that occurrence took place last year or the year before. originally of the family of Jerry Dyer. I was told I was to be arrested. 1 often. Gwynn. How did he treat you? A. summer. By Mr. but was hired I was the slave of Mrs. might not be regarded as a complete answer to the allegation. and I went out of the neighborhood awhile to avoid iL I went down into Charles County. Mary Jane Simms. excepting Sundays and holidays. Mudd's I Of Captain servant. He treated me very well. Andrew Gwynn.the time when it was stated he had been sons at Dr. Mudd's. that the Governmen-t had introduced no testimony in regard to any such transaction in 1861 and hence the testimony now proposed to be introduced was irrelevant and or three immaterial. slept in the pines near the spring. I was with my brother. who brought our meala. 1 suppo. I never staid over two sisters. 1 think. Lydia out to him. Mudd's house. Mudd's place. sleep? Mudd's pretty much all the spring. Q. minded the children. We . weeks at 1 my The witness could be inquired of as to have seen since. Samuel Mudd during the year 1864. Where did you and the party who were twelve months. Cross-examined by Assistant Judge Advocate Bingham. tell all I worked there from either Janukitch(D. and Alvin Brook. none of them there. with you near Dr. perjury. at Dr. There was a good deal of running about that time. eometimcs called Ben. About the latter part of August. alleged to have been concealed To withhold from the there. Mr. Mr. sawing-out and framing. though I do not know positively. A. I was always very well satisfied with the accommodations he gave me when I was there. and was at Dr. My name is Bennett F. I know nothing. as almost everybody else waa doing. were in the woods and fed from the house The Commission sustained the objection. Andrew J. Dyer. but 1 did not see anybody there. about it. [Exhibiting to the witness a photograph of John H.^e. Mudd. To prove by this witness and others that no such thing occurred last year or the year before. 1 know Mary Simms. Ewinq. Some time from the 5th to the 10th of heard of such persons. Andrew antl were. I know. I never saw him at Dr. Q. and waited on the table . Mudd's last I used to be down at the spring pretty year. Mudd 8 nor did I ever know of any horses belonging to strangers being in the stable. I visited my sister Q. at the stable.— May 20. Mudd's last year. About that time General Sickles came over into Maryland. For the Defense. do not know Captain Ben. Gwynn or Andrew Gwynn. it would not be legal . John H. I am Our horses. had been concealed in the neighborhood of Dr. issue. and staid Tiere about a niontii. Mudd s. Surri\tt. Gwynn. had some counterpanes which were fur- nished by Dr. Mudd was guilty of treason in assisting them to secrete themselves. accused the right to prove this would be denying to him a most legitimate line of defense. Mudd's that Mrs. but not as to what occurred in 1861. Mudd and blaid never heard of I there until ChriHtnias. know Captain Bennett Gwynn and Mr. I did most of my work. We Bennett F. among whom was the witness now on the stand.— May 27. show that those persons were in the Confederate service. Captain Perry. A. almost every day. that Nobody that knew her lived at Dr. I never of November. Mudd's have not been in Dr. Gwynn. 1861. were there in the pines four or five days. 1 saw none of those per. except when I was at my sister's visiting. I lived with Dr. and that some of the persons. attended to by Dr. and hence it was proposed now to show that the transaction referred to took place in 1861. Surratt I Assistant Judge Advocate Bingham replied. Judge Advocate Bingham obWhat occurred in 1861 was not ia sometimes. For the Defense. when I went back to Dr. or sleeping in tiie woods at Dr. arresting almost everybody. EwiNG »aid that the prosecution had called four or five witnesses to prove that several persons. Geor^^e Gwynn are my brothers. and that Dr. or house or near hia place since about the 6th Lieutenant Perry.

Dyer's. Captain Perry. Yes. Dr. vou would be arrested ? A. I think. T understood Mr. my wife. George's County since 1861. I have been living in Prince year of the war. for he used to tell me lies sometimes. Samuel Mudd. Mr. I understand. about four years ago. Md. and was there every Saturday night and all day Sunday. Q. Charles Bloyce (colored. Samuel Mudd a first-rate man to his servants. Downing. menced getting it up before the election of A. about Dr. I remember seeing Mr. Gwynn had been That was in the. It was called the Home Guard. Lieutenant Perry. And you were a captain of one of those companies? A. I think. Was it not understood that these were State organizations. That was my impression of them. myself up. I know the prisoner. Captain White of Tennessee. . in Charles aiile and a half from Dr. or Andrew Gwynn at Dr. 1861. were in the pines. By Mr. felt. Q. I saw them passing along by Mr. and some parts of Saturday and Sunday. I petitioned Governor Hicks. Surratt. Ewing. call Dr. William For A. talking with the place. He returned once. Ewing. and did not scouting. Q. Mudd knew why we were hiding in the pines. did not see Ben. Samuel A. I believe. When I came here. Mudd's when the war commenced. Mudd. except when 1 went to Church. but I did not see him. IMPEACHMENT OF DAN'L 30. For the Defense. Andrew Gwynn.shooting any of his servants? in the winter of 1860. and was for the purpose of protection in the There was at that time a neighborhood great deal of dissatisfaction among the blacks. Q. Samuel Mudd's. any time last year. the Defense. my and I left. last Doctor. — May John H. The colored folks there always laughed at Mary Simms. nor heard of his whipping them. or a Captiir. mond. Mudd. THOMAS. so I took the oath and went home. and intended to stand by By Mr. 1861. was about his house Saturday nights. Mudd's premises. or Booth at Dr. they said she told such lies they could not believe her. all last I The year. I am very well acquainted May By Mr. They did pretty much as they pleased. I do not know about that. I never saw him whip any of them. I thought he was a I liar. at Dr. the same day that Julia Ann Bloyce. Surratt. Bennett Gwynn on his horse. You slept there in the pines for the sole purpose of escaping that arrest? A. I understood. and those in the neighborhood thought it would be a good plan to organize.County. Charles College. I did hear that. J. never saw any person by the name of Cap. that it was from likely that. Dr. commissioned by Governor Hicks. My brother. when the State in any disloyal position it might take against the Government? A. Mudd's while I was there. or Lieutenant Perry. I commenced going to Dr. Dr. went. I did not see Mr. anybody at his house dressed in any kind of uniform. I never heard a word of his sending or threatening to send any of his servants to Kich- Cross-examined by Assistant Judge Advocate Bingham. MUDD. John H. since August. You sir. know it. I neither saw nor heard any thing of Watt Bowie. Do you think that is first-rate business? member of a company organized in BryanA. Ewing. I I 20th of May. I have not seen him since he left for — Cross-examined by the Judge Advocate. Mudd's on the 12th day after Christmas.) At the time we I know John H. I was captain of a cavalry company down there. I never saw any person staying out in the woods. Lincoln. and why he was feeding us there. and he gave me a commission. — 29. parties who were arrested in 1861 Vere mostly members of volunteer military /ompanies. and companies were organized all through tlie counties. A. Q. 1 do not know that I did Some of the arrested. Andrew Gwynn about his premises last year. has been He South. Yes. and I do not know of any rebel I never saw officers or soldiers being there. but I do not By Mr. They said the same of Milo Simms. I live about a mile and a quarter or a I I live near Mount Pleasant. know it of my own town. June 3. to give I camt. fall of the first winter. The company knowledge. except from the 10th of April to the went out to haul seine. resided some eight or ten miles from my tain White. therefore. they said there were no charges filed against me. sir. as far as I saw. order for members of my company were and I understood there was an arrest. Did you ever hear any thing about his I think we com. of which I was captain was organized in Prince George's County. at St. as I was tired of being away from home. For the Defense.DEFENSE OP SAMUEL Kovember. Mudd was. a Q. 18> up to Washington the South. Ewing. he was.

Mudd's house. that he would go to their houses because it He was mentally atl'ected from it. my brother came to Woodville Church and as he was just from Bryantown the day before. and then during the conversation he spoke of what Dr. etc. he was telling a his memory also. I am much better educated than you are.sassination nor since. both of wliom were raised right by me. and every Union man in the State of Maryland would be killed in six or seven weeks. Mudd. hear. I believe Dr. George Mud'l. — . who has testified here. —May 26. Dr. I do not recollect Dr. By Mr.— 184 THE CONSPIRACY TRIAL. Dr. am under the impression that it is not now at all times. I had no on. Mr. we asked him the news. Mudd followed me to the door. Daniel. He has fainting spells. Daniel Thomas and I meet each . say that Abraham Lincoln was an abolitionist. Some time this spring. to my knowledge nothing of the kind was said. and spoke of several others Jerry Mudd. and on these occasions he is Cfross-examined by Assistant Judge Advocate credulous and very talkative. Dr. and I body that he was not bound to catch them. Ewing. I can not recollect all the conversation but they commenced talking about detectives. as it was in my house. and Dr. Sullivan Wood and several other gentlemen were present.. After I had been sitting there half an hour. with the accused. between the Ist and the 15th of March. time. Mudd and Thomas were talking all every thing he hears. and I do not think you are. Mudd and to his bed but when he is up. enjoyment of good health. I am a brother of Daniel Thomas. and he had been there two or three liours before Dr. Mudd compared Thomas to a jack. Joe Padgett. and said. Thomas. Daniel Thomas was at my house. He is very BiNUHAM. who were also detectives but he said he would never catch anybody." I was irritated when he called Thomas a jack. neither before the as. and His reason Tnay be somewhat affected. Md. and believe Dr. and is confined conversation. and in the Thomas only were talking. that he had come to collect a little doctor's bill. he seems to be . half hour to say that he was a detective. If Mudd called Thomas an abolitionist as well as a jack. Mudd's stay. I was close to them. and all the Cabinet. Mudd and Thomas could have had no conversation at that time but what I heard. and while there Dr. Mudd that he was appointed detective. For the Defense. Mudd followed me immediately. lie had never mentioned the subject to me before that time. and I Btaid there all the time. Mudd. No such words were spoken in the house to my knowledge. 1 then got up. Mudd's arrest. and I do not recollect that Thomas mentioned it while he was at my house. he was not half a second behind me. I got up and walked to the piazza.was not exactly right for a long time. but he would never catch any. and remained fully an hour after he lefL Nor was any reference made to any member of the Cabinet. He was full of news of the arrest of Dr. nor to killing anybody I am sure I should have remembered it if a word of the kind had been mentioned. Prince George's County. Mudd did not. in relation to the assassination of the President. and I am certain that in that same conversation he spoke of Booth's boot being found in Dr. I have attended my brother professionally in some serious attacks. Mudd had told him a few weeks before. that is all I recollect of it. I reside in Woodville. and also with Daniel J. their talk was pretty much say that he would tell things that he did not about detectives. and did not catch anybody. Thomas sitting between me and Dr. His mind was his duty. Mudd's saying to me on that occasion that he did not consider the oath of allegiance worth a chew of tobacco. physician for nineteen years. and then went directly home. and I do not think I am capable of filling that office myself. because he said he was appointed a Deputy Provost Marshal under Colonel Miller. and Daniel Thomas told Dr. . and have been a practicing other very frequently. or that the President. and staid about half an hour. . Thomas between me and Mudd. 1 think. in conversation at that time. ''I think. Samuel A. and we by the fire. Mudd came in. and if they had whispered I should have heard it. and told me his business.. and perhaps one of the Hawkinses. but he is very I believe it took Thomas pretty much a whole talkative. I think. and the boot having been found with him. On the Sunday morning after Dr. . but I never heard him mention a word of the kind to me any time. It was cold weather at the sat close Dr. none at all. or make up things. Mudd. Dr. The President's name was not mentioned during Dr. I do not pretend to that half hour. and I heard every word of the conversation that took place. when these attacks come whole parcel of foolish things. Mudd came. He labored under considerable nervous depression for some time before he recovered. or that he thought the South would never be subjugated under abolition doctrines. Stone. . I did not hear it. apt to tell every thing he hears.^ About six years ago he had a very serious paralytic attack partial paralysis of the face and part of the body. Thomas. and that the whole Cabinet were such. John C. When Mudd called Thomas a jack. and Dr. By Mu. he might have been mad at the idea of his being a Deputy Provost Marshal.

Mudd was convicted. and he said it was certainly true. MUDD. as he (Mudd) was considered one of Booth's accomplices. All persons harboring or screening the said persons. in company with John R. He said that he was going to join the Southern army. labors under great nervous depression. and told him that if it was I have always been a loyal man. Thomas for the past five years. in addition to any rewards oflfered by municipal authoriTwenty-five thousand ties or state executives. he stated that the certificate was to certify that he informed them concerning Dr. and When I rode up. Md. "You are come I want the peace am glad you have you his health has been better. Mr. Richardson. April 2U. and the . he would be entitled to a portion of the weeks. if he could get such a certifimen of Maryland would be killed in a few cate. Twenty-five thousand dollars reward will be paid for the apprehension of David E. Mudd's arrest. County. .Cross-examined by Assistant Judge Advocate When tliey do come on. We told him that we thought he was entitled to $20. and a not true he should not say so. The reward. in my mind at that time that Dr. Both William Watson and myself told him By the Court. Mr. Atzerodt. dollars r9|Fard will be paid for the apprehension of G. DEFENSE OF SAMUEL rational. Herold. 18ij5. brother was jesting. though I thought he might probably of the arrest of Dr. or a portion of the reward. Thomas It was on the Sunday after the soldiers stated that he had applied to Mr. Eichards.000." one of Booth's accomplices. and he thought. Lemuel Watson. > Washington. Mudd's and the whole Cabinet. — Daniel J. Fifty thousand dollars reward will be paid by this department for his apprehension. I have known Daniel J. and hang a man by the name of For the Defense. or where any money was at stake. Prince George's man at the beginning of the war. stating that he was entitled to the reward. when Beauregard would cross. Daniel says he is entitled to so much reward. Ewing. Benjamin J. and shall be subject to trial before a military commission. will be treated as accomplices in the murder of the President and the attempted assassination of the Secretary of State. and I want you to say Cross-examined by Assistant Judge Advocate what you think of it. William Watson that he had told him said this. Naylor for a certificate to the effect that me that Dr. and I supposed it ernment for the suppression of the rebeUion was so. is still at large. At first I thought my By Mr. Thomas said that he had asked Mr.. or either of them. George IMr. wards will be paid for any information that shall conduce to the arrest of either of the above-named criminals or their accomplices. and that he James W. this. a justice of He has not had an attack now for some time. Mudd.000 was enough. or aiding or assisting their concealment or escape. Thomas said. that was offered for the arrest of Booth and his accomplices. and that. I remarked to him that I did not think My brother seemed to be as rational on that $10. Thomas on my way ewear to any thing that was not true. that was the first I heard any thing reward. Thomas. the door-3-ard of Mr. to try a case here. William Watson. A.000. In any thing in which he had a prejudice. about it. have said it in joke. Smith. Mr.000. I do not think he wanted a certificate stating that he was the cause of Dr. Thomas B. [official. J On. Thomas was not a loyal I live near Horsehead. what reply I made to this. near Horsehead. EwiNG offered the following in evidence:! Lynch. William Watson and Mr. from teaching school. he was at entitled to a portion of the reward.000. that Dr. . Mudd had Mr. Thomas said he would excited.] War Department. I do not suppose ray brother would I voted for Lincoln and Johnson. . Mudd's being arrested. if he could get a certificate from them to that effect. Naylor. sometimes called " Port Tobacco. Naylor for a certificate. intended to come back. and William Watson.e Hundred Thousand Dollars Heward. if Dr. he had informed them concerning Dr. J^me 6. 185 These attacks come on at no par. by way of a joke. Mudd had made the hearty supporter of the measures of the Govstatement in Bryantown. The murderer of our late beloved President. was $10. 1 had no doubt $10. On the 1st of June last I met ticular time. A. 1 would not believe him under oath. Mudd's being convicted. and all the Union arrest. Watson and were at Bryantown that my brother told Mr. markedI to me. Liberal reanother of Booth's accomplices. He said. Abraham Lincoln. and I thought he would Sunday as I ever saw him he was not at all better take $20. Mr. he Bingham. he would be entitled to a portion of the reward in the event of Dr. Lemuel Watson rehas to be stimulated materially sometimes. Mudd had said that Lincoln." I do not remember Bingham. Benjamin J. his reputation in the community for veracity is very bad. In 1861 I met Mr. and I think he was quite capable of not want me to swear to a lie for him to get I understood Thomas pretended to telling the truth on that day.

but I think people tell him as many lies as he tells them. near Horsehead. Watson. appealed to him. They say he tells a good many lies. justice on this occasion. Richards said. rode up. A. Daniel J. I do not know what kind of a reputation he bore in Charles County. and I want you to decide it between for truth in speaking. I reputation for truth as most of the neighbors. there* fore. Thomas said. Thomas then said. the Eighth Election District. has as good a reputation for truth his neighbors down there? should not think he had as good a Cross-examined by Assistant Judge Advocate BiNGHA.se if I was guage that Dr. I was in my door yard. to make the people think that he is entitled to $20. Naylor. Joseph L. Mr. ffivo punishment of death. Richardson. William For J.186 THE CONSPIRACY TRIAL. and. though by your doing so it would That is what I understood cent blood be removed from the land by the mo $20. Mr.falsely. Lim Every man siiould conscience charged with oath. Thomas telling a not have either of you gentlemen swear lie that would make a ditierence between man J. in regard to the matter. and Daniel J. Thomas's general reputation is.s not good between Billy and Daniel. at the consent of the Judge Advocate. with the understanding that he should be treated as a witness for the accused only to that one point. I ask you your opinion. I would. Ewino. Do you not consider that Daniel J. and would give him no certificate. Mr. I must say. Mr. I the Defense. if my memory serves me right. should have to say that half the men or after. I think. a magistrate in the neighborhood. Secretary of War.s are exhorted to aid public By Mr.000. he would then have given conclusive evidence that he gave information that led to the detection of the conspirators. By Assistant Judge Advocate Bingham.' to Bay. Mr. but in my neighborhood they spoke evil of him." Mr. Q. on the 1st of June. Q. people generally say that entitled to it. but 1 think he lies them. you are a magistrate. Naylor said that he had never done it before to come here and say he was not qualified. but he waived the question every time by saying that Daniel Hawkins said he was I told him I did not think was not much acquainted with Daniel He lives in Charles Prince George's. from all you hear of his reputation mention to him and to Arthur J^ Gibson. Lemuel Watson. Ewixg. " No. if he did not consider. Benjamin Naylor. Thomas is entitled to belief on his oath? have no reasons bearing on my mind Court why I would not. and I in . Let the stain of inno. becau. and asked him if he believed he was I did this three entitled to the reward? times. By I Assistant Judge Advocate Binguam. to offer to the By Mr. Richards did not offer to take a false He was joking. I would. he was entitled to any portion of the reward. On that occasion. Q. let us say njore in sclf-))raise. arrest and punishment of the murderers. Thomas till 1863. Richards is a true Union man.that lie is entitled to be believed on oath ? A.M. though not intimately. Q. Mudd was convicted upon his testimony. STANTON. Are you able to say that you know what and my brother. I am confident of Mr. for truth? A. The witness had been subpenaed by the Government. " Lem. He as most of entitled to. day until it be accomplished. I would I have never heard of Mr. somebody else so. Thomas.000. 1 believe that he is. Thomas. Ewino. than in any other way.000 of the reward. "There is a contest going on here couimunity in which he lives. 1 think I have . in the saying. By Mr. that if Dr." a great deal of him. I am acquainted. as the best loyal man in Prince George's County. sir. I When I was appealing to his conscience around there are not qualified. — June 9. but that he had told his reputation for truthfulness is bad. Though some He did not say that Daniel speaic well of him. EDWlx\ M. Mudd had used to him. George Lynch. and the witness was accordingly examined for the prosecution in rebuttal. Maryland. The Judge Advocate (while not yielding the point that the line of examination pursued was improper) stated that he would agree now to take this witness as one for the prosecution. James Richards. Q. and rest neither night nor that. that his character for truth is such before the killing of the President. I then appealed to his conscience in the most powerful manner I could. this solemn duty. Ewino objected to this course of examination as improper. Thomas then asked Mr. with John K. All good citizcn. give him a certificate of how much I thought he ought to be I live in A. Watson. It was not legitimate crosiB-examination. Hawkins had told him. Prince George's County. the lan. there. whether you Benjamin J. consider his own Mr. was called by the accused as to a single point. Would you believe him on his oath ? A. County. or Lemuel Watson as he is called.slated that it i. with Daniel J. and he asked me if I would not. He said he thought his portion of the reward ought to be $10.

ning of the war. and as Thomas. testifying in a court of justice. (colored. His Md. community for telling the truth. never heard gentlemen speak of Mr. Q. but I can from the fact that he was a drafted man. when was he is on his oath in court. Thomas ever since 1 can r«member. contained a reference to Dr. Daniel J. By Mr. I I live in Charles County. Mr. Thomas. Thomas was not a loyal man By Mr. direct or indirect. tuxent River. Holland. with whom I am acquainted. but it contained no refer. I am the serv. Thomas. Thomas. Mr.DEFENSE OF SAMUEL I have known of no quarrels to be kicked up in my neighborliood about any thing Mr. to me but I suppose if he had been. I know what is thought of him in the believe him under oath. June 8. Md. Turner. Polk Deakins. Thomas time since the war commenced. Thomas man in the beginning of the war? . Sam Mudd. A.over into Virginia. Samuel A. George Mudd. a loyal I Do you know whether Mr. be killed. peaceable. me to go. lo say that I would not believe him when he was under oath. receiving as compenHis reputation for sation the reward allowed by law. on the Pafor George B. not say that he has been so all the time. Mr. Samuel Mudd. June 9. near Magruder's Ferry. could not believe him under oath. order. since then he has sometimes been loyal. I would not years. Mudd was men. I know Dr. May 27. Charles has been loyal for the last year or two. I have known not report and deserters. 187 and man. Recalled for the Defense. borhood. 1865. but none whatever to Dr. his feelings would have been coerced by the For the Defense. good a Union man as Mr. lieved. I voted for him on specially by me to arrest drafted men that did that ground. Thomas has been loyal part of the the draft for the Fifth Congressional District of Maryland. I to another. and he tried to persuade tlemen. not.sidered him as good a loyal man and as ject. From his general reputation. was commissioned as an he said that if he were elected the war would independent detective. six or seven miles from Dr. is not to be be- Thomas do not know. Such com. I Union man in the State of Maryland would have always been a loyal man and a supI voted for George I received a letter from him dated porter of the Government. as much I never Cross-examined by Assistant Judge Advocate so as any man we have among us. and quiet citizen. but County. I know Daniel J. the mother of Daniel is very bad. Mudd's. and I do not mean to say that Mr. Mudd. February 9. under pay from the Government. have been acquainted with Daniel J. jusl changeable like. Thomas said he was going doesn't bear a good reputation among gen.reputation in the community for truth-telling ant of Mrs. Ewing. Mudd. McClellan for President. I live near — June Gallant Green.B. McClellan. Ewing. to this sub. knew him do any thing in aid of the rebelBurnett. Mr. commissioned only last a few months. nor to Dr. I have a slight acquaintance with John C. or any member of his Cabinet. and good citizenship has been very good. — good. Ewing. and he In 1861. I am not acquainted with him. He and I examined him at Benedict. I By Mr. because I conence whatever. — . I believe. or any a loyal man throughout the whole war.) 27. Daniel J. I have always considered him a missions were given to any one who applied. that is. Lincoln. Q. He was represented John L. Charles County. where he I hold the position of Provost Marshal of was much interested. and if he had any inducement J. Cross-examined by the Judge Adtooatb. Ewing. Thomas. — . nor any letter stating that the President. Mudd has been considered tioned. I do not know but he electioneered County. and then again I am acquainted with Daniel J. I do not like Jeremiah T. and know his reputation in the neighborhood he has not been so. He was not him since he was a boy. but I did not. I have always been living with him. Do you know who he supported at the last election for President? I live in the lower part Prince George's A. I never received a letter from him I do not know how he stood at the beginin which the name of Dr. and I have heard gentlemen say they would not believe him under oath. people by whom he was surrounded. —June 9. letter The lion.peace. He is not regarded as a truthful man by any means in that neighFor the Defense. MUDD. Thomas. on the breaking out of the war. For the Defense. By Mr. Dr. whom I have known for thirty to speak other than the truth. George D. Richard Edward Skinner For the Defense. Thomas has told from one man A.

acter. but I never For the Defense. Ewing. George Mudd and Mr. Thomas bears for truth and veracity. I went. I know the reputation Daniel heard Dr. his reputation for veracity is very bad. it would be by the North. will sometimes speak untruthfully. on my opinion. but I do not put before he got through. him under oath. as to his general repumy knowledge of him. whether such is the fact I do not know. 1 would forcing the North to go to them. and was under oath. first twelve or eighteen months of him under oath. and Q. Prince George's a dozen persons speak of his bad reputation for truth and veracity. would believe any thing he might tell. heard him swear to it Q. J.188 in is THE CONSPIRACY TRIAL. but dur. sarily swear to an untruth in a court of jus- have never heard him charged with falsely. and have always so expressed is very bad. he exhas not been a loyal man since the begin. ability / base tation. safely say I have lieard as many as ten or I live in Anacostia District. without betraying himself in a story known him a good while. and do not think it ing the could believe the war. the best of I my knowledge and belief. I do not place any truth. —June 8. By To I the Judge Advocate. Not Eli For J. myself I had no idea of the South ever and my knowledge of his character. lie which lives. and someI knew him first when he was not more than times untruthfully. Gardiner. and on his John For II. I always expected that. Watson. Stone. I reside in the Eighth Election District^ I have known to oppose the efforts of the Government in Prince George's County. Thomas ever since he was a boy. I have heard him tell a great deal that was not true.t the Defense. Mr. have been loyal to the Government during By Mr. the Defense. he talked to mc. I saw Mr. That is not an answer to my question. I beI have never heai'd any one say that Thomas lieve few place any confidence in what he had ever sworn falsely in any court From the knowledge I have of his says. and 1 have scarcely any confidence in what I hear him say. In the fall of 1801. And that Joshua S. If Do I understand yon to hold that a man who he had the least prejudice against a person. Mudd. suppressing the rebellion. Thomas. June 6. confidence myself in what I hear him say. do you not think there are many men I am acquainted with Daniel J. for a ernment was to give for Booth. I do not know. Baden. I know his reputation for truth and veracity this rebellion. I never heard him tell any thing of any I have nothing against Mr. Thomas said that if his oath was sustained. I have County. Ewing. If he A. lives as a man that hardly ever tells the A. Cross-examined by the Judge Advocate. he was looked upon as a great friend of the South: helping as far as hig Cross-examined by Assistant Judge Advocate BlXGHAM. Lemuel L. should hardly believe him any how. acting under the orders of Colonel Holland. reputation for veracity I would not believe Thomas represents himself as a detective. and it From that general reputation. He was not looked upon as able to help anybody. what do vou undef have changed his sentiments since. Ewing. Md. of June. telling things tlu. From your knowledge of human charBy Mr. your judgment of human char- Bingham. I acter and conduct? had a prejudice. lie may to put down his oath. . who talk idly and extravagantly. swearing — Cross-examined by Assistant Judge Advocate tice? Is that all. speak looked upon in the community in which he the truth ? I are marvelous and miraculous. and so far not believe him under oath. who would nevertheless. he said he had been a witness against Dr. Nay lor had sworn advised me to go South with him. Md. heard of a man in the neighborhood that Q. lie is known to go riding about the country. Ewing. He is when under the obligations of an oath.pected a portion of the reward that the Gov ning of the war. I may By Mr. he is accounted a very untruthful man. and that Joshua S. — June 8. but his conversations were all that way. have never done any thing that the Government might not be in the neighborhood in which he lives. Among others. distance of two miles. Thomas on my farm on the let' as the Union is concerned. broken up.staud by that? and . if maintained. reputiition in the neighborhood. I have length. thirteen or fourteen years of age. By Mb. NayBy Mu. I have always Daniel J. Orme. lor had sworn to put down his oath he also If words testify any thing. Thomas. I for truth and veracity I bad. wished that the Union might be sustained. will neces1 could not believe him under oath. sir.

I have known Dr.bad. utation is that he never tells the truth if a lie I am very well acquainted with Dr. I can not say that Mr. 1 have known Daniel J. George will answer hia purpose better. bellion. 189 Bingham objected and it was waived. DEFENSE OF SAMUEL Assistant Judge Advocate to the question. tation I do not think I could believe him charged with swearing falsely. May 9. the prospects of the different parties seem to For the Defense. his reputation in Samuel Mudd. I live about four miles and a half from Bryantown. Thomas ever since he was a boy. I have not been in States at all times and under all circum. been sincere but. Thomas. By Mr. I that neighborhood is bad. just as Joseph Waters. — 9. acquainted with the prisoner. Charles County. someI harve known Daniel J. Thomas me. he is sometimes hood. Md. porter of the Government. I have known Daniel J. one thing and sometimes another.. and he may have I live at Gallant Green. —May I am by profession a lawyer. For the Defense. and. Dr. is first one thing and then another. the Defense. A. Thomas from ten to fifteen years. porter of the the rebellion Government in the war against Frank Ward. Cross-examined by Assistant Judge Advocate has not been very good I think the people Bingham. MUDD. Prince George's County. the community for truth and veracity is very I never heard him speak under oath. general reputation in the community for Prince George's County. generally regard him as . I voted for McClellan. His general reputation in early part of the rebellion. Ewing. I have known truth and veracity is not very good. If I Daniel J. I do not recollect the com. the Defense. I certainly did not rejoice at the sucBefore the arrest of Dr. I Jive at Horsehead. 30. John Waters. but I I am not very truthful. His repu- I live in Charles County. By Mr. . sins or their accomplices. I should think it general reputation for truth and veracity in very unsafe to convict on his evidence. As to his loyalty. For 9.whether I voted for Harris for Congress or munity. and such that 1 should have very serious doubts about his By Mr. ence to the reputation of Mr. His reputation for truth and veracity boy. though Mudd. and I have been a supporter of the GovernI can not say that he is reputed to be a ment in its war measures from the comloyal and an honest man in his neighbor. That. For the Defense. he said to them he was not during the from childhood.oath. —May May By Mr. and a sup. Thomas from a times Union and sometimes disloyal. Ewing. I tation for veracity in the community is pretty have been loyal to the Union. not. I could not more loyal man than he in the State of believe him under oath. By Mb. Maryland. His I reside in the Eighth Election District. I think I saw cess of the rebels at the first battle of Bull Mr. I have known Mr.mencement of the rebellion. Ewing. attitude toward the Government during the war has been strictly loyal Cross-examined by the Judge Advocate. Dr. Maryland.any way engaged in aiding the rebellion. Thomas with a hand-bill in his hand. . Mudd. Hawkins. Joshua For S. —June 9. Daniel J. Daniel W.war. a loyal man throughout the spoken of as a good Union man. as a citizen. My — he has pretended to be a warm supBy Mr. Mudd from childhood. Charles County. and a sup. He of the war. Run. His rep. in would not believe him under oath.good. and and from my knowledge of his repucan not say that I have ever heard him bad. Ewing. During the latter part of the rebe going. as far as I know. Thomas has porter of the Government in the prosecution been a loyal man throughout the war. Thomas since he was a boy. I believe. Natloe. His were a juror or a judge. and I can say that I do not know a it is hard to say it of any man. His reputation as a citizen has been very have been a supporter of the Govern. George Mudd I have heard but have been stances. offering a reward for the arrest of the assasBy Assistant Judge Advocate Burnett. was on the Tuesday after the assassination I have heard many persons speak in referof the President. Maryland. under oath. has been very good. from what others have told Maryland. I have never known 1 ment and the Administration of the United any thing against him. Ewing. Ewing.

I object to any inquiry about the articles he bought.. in December. for supper. it must have been at this visit to the city of Dr. I . Mr. we put up our horses near the Navy Yard. 190 THE CONSPIRACY TRIAL. now Dubant's. Mudd and I went three times to see if he had sold out. The amount of it all is. It was a little in the night when we arrived in Washington. and does not tend to throw any light on the subject.) Mudd bought certain things. or sequence. I met a friend at the National. Mudd. Samuel Dr. and an introduction of Booth to Surratt by Dr. By Mr. His taking the stove depended upon his selling his poultry. But I assure you we expect to follow this up by testimony which will conclusively establish that he could not have been with Booth upon any other day between that day and the assassination of the Presi- We . If the gentleman had shown that this man was with Booth on that day. it is of great consequence to the accused to be able to show that he came here on business unconnected with Booth. about a mile and a half from Dr. for some purpose I can not comprehend. That alleged meeting with Booth has been put in evidence as part of the res gestx of the conspiracy. registering our names for lodgings. it was a dull market. They to prove by this witness that he could not have been with Booth then this five-minute operation is introduced for that purpose. By Mr. that we have introduced testimony here to prove this man's association with Booth in Washington. and Dr. Christmas eve. I think. Mudd about which we are now inquiring. We went to a restaurant on the avenue. and we went to bed. the Defense. here in Washington. and was then in market with his wagon. Then we went together down to the riavy Yard for our horses. I can not recollect exactly what they fiaid. before starting from home. of a very great deal of consequence. but as it is. in order to establish that his visit was a legitimate business visit to Washington. took a portion of them myThe stove was to have been taken down self by Mr. to have the things which he was coming here to purchase hauled down. The next morning I went with Dr. who took them. for the purpose of rebutting the presumption or inference unfavorable to him which might be drawn from the fact of hia having met Booth here. the objection.ssibly an hour. Mudd. December Jeremiah For T. every or fifteen minutes. he to make some little purchases for himself. and hired somebody to take them home. at the National Hotel. and got somebody to haul That has nothing in the world to do it home. who had come to the market to sell a load of poultry. 23. Do you know who took the articles which he bought down to his home? Assistant Judge Advocate Bingham. with this case. and returned to the Pennsylvania House. I could see something in his argument. and went to the Pennsylvania House. Q. but we ten saw each other repeatedly. — May 26. which the Court will remember was about the middle of January. I reside in Charles County. Mudd came to the city that time for other purpo-ses: we have a right to show the acts that he did. but there may have been some few persons in the adjoining room from which he came. then went down the avenue and visited some clothing stores. and I to buy some clothing. Tlierefore it is that we ask who took the things down and we expect to show that he arranged. on any other ground. Mudd and myself went to A. and left the city about 3 o'clock. In that view. case. Ewing. My knowleflge of his reputation was ol> trial tained before this commenced. Mudd came in there shortly after me. they propose to prove that this man bought crockery or something that day in town. Mr. Ewing. The Commission overruled Witness. in order undertake . and afterward to the National Hotel. May it please the Court. as I understand. There was no one with him when I first saw him. But now. Mudd. Assistant Judge Advocate Bingham. dent. Thomas. It is of no conit is to make out something. Mudd to purchase a cooking stove. Ewing. well and good but it does not tend to disprove it. 80 that he could take it. Dr. it would have been irrelevant and inadmissible. Ewing. and that therefore he came here on legitimate business. it does not amount to any thing. live about five miles from Mr. have a right to show that Dr. and staid there po. Maryland. in another month. IN WASHINGTON. Washington together on the morning of the 23d of December last. etc. Mcdd. I recollect the date distinctly. Lucas. because we got home on the 24th. All that has nothing to do with the . If they can disprove that. and there was a tremendous crowd there. that if there was any such meeting. till about 1 o'clock. We expect to be able to show to the Court conclusively. The prosecution has attempted to prove by one witness a meeting between Booth and Dr. conversed with him a short time. Assistant Judge Advocate Bingham. We then went to Brown's Hotel. 1864. to show that. (another time altogether than that stated by our witness for the meeting of Booth and Mudd. and we got separated. and then we separated. as he came through the folding doors to the room where I was.

Mudd say shut out testimony which might fairly go to on Sunday. He did not work them hard either. I never in all my life heard any thing to the contrary. whose majesty has been violated. The opposed to the policy of the Administration. as we was obstreperous. be liberality in allowing these parties to preI heard it was only a flesh wound. order. nor did he ever indulge in violent can not speak. on which you can violent expression from him. I think. to would not read them just look over them I never heard Dr. and I suppose did hood. I sought. I never in my life heard a you can not take hold. I think him humane and kind to his servants. I have never the description of him. — — We We — — . is opposition to the emancipation policy of the admissible. heard any disloyal sentiments expressed by his business there the common talk. can wish to state most distinctly to the Court that I desire the utmost latitude of inquiry indulged in. and make him The Judge Advocate. name was Booth. Administration. Court will maintain it If I at any time fall I have heard Dr. on no princi. that there should house. for the By Mr. and anxious to dispose of their lands. May it please the Court. and then the reins of the rules of evidence tight.owner and his father too. and 1 trust started to go away. however. What was the common talk? Assistant Judge Advocate Bingham. not only the rebellion against the Government. The Doctor told me utmost liberality in the introduction of the so himself I believe he shot the boy sometestimoriv of the defense here. I saw him at Church at Bryantown in the I really do not know Dr. and. I do not know that he has been open and witness need not state what the common talk undisguised in his opposition to the endeavwas. and from his photograph. EwiNG. I wish certainly the stop and come back. I am satisfied it was the same man. I did hear of his shooting one of hia servants. Mudd make use of exshort myself of maintaining that spirit. Cross-examined by the Judge Advocate. and never I never. Ewing. Mudd from early youth. known of any disloyal act of his. I have lived very close to him all my life. in regard to which you character. if made. I our people have had no disposition to talk know it is the object of the Government to about the rebellion or the war. but a mere idle rumor. Mudd. and wliose law I never saw Confederate soldiers at his you are about to enforce. and I hope the where in the leg. a good neighbor. Mr. at least they ple A. The Commission sustained the objection. whose family. of which Government. introduce this as explanatory of his I heard that the servant who was shot meeting with Dr. honest and correct. that he had been ordered expect to show. I have heard him express sentiments Q. and would not send to the post-office of presenting their defense. I trust it will never be sustained by this Court.denunciations of the Government. and good citizenship in the neighborhood in which he resides is exemplary. I noticed a stranger there. He was a large slavethat will admit the mere talk of a neighbor. did not do a great deal of work. a great tragedian. and I have myinquired who he was. and was told that his United States during this war. and to do something which he refused to do. shoot him to frighten him. and that every thing shall be introduced which tends in any manner to illustrate the defense which is made for these prisoners. were large land-holders. not want to lose his property. and shall never make one. For the past two or three years not on trial here. and for them.DEFENSE OF SAMUEL I tave known Dr. and do not doubt that it was true. him. Mudd's reputalatter part of November or early in Decemtion for loyalty to the Government of the ber last. From self heard him say that he did not desire to see two Governments here. I believe. I am sure the Judge Advocate does not intend. that the Doctor had hia to the liberality of the Court to allow us to shot-gun with him. but for the Government. I pressions in opposition to the policy of the trust the Court will do it. no matter what that fact may be. but only in reference to the in this case there is no principle of evidence emancipation policy. he is so regarded universally. I do county ostensibly. 191 is by which the ascertamment of truth be received. and he thought he would prove it. this 1 suptending to show for what purpose Booth was pose to be the cause of his uncompromising there. For a/ long give the accused here liberal opportunities time I would seldom talk about it with any one. it is not in hia not cross-question. that the State of Maryland had been false to relieve the accused of the accusations made her duty in not going with other States in against tlieni. I wish no technical objection. he has always been amiable and estimable. I only know what I heard others say about heard of any. that I am aware of. by drawing for my papers perhaps for a week. understanding of the neighborhood. wish to show that Booth was in that not know that the boy is lame still. It is not competent evidence to undertake to prove common talk about a party ors of the Government to suppress the rebellion. I do sent whatever defense they have to offer. purpose of selecting and investing in lands. it seems to me. according to the common not think I have seen him since. I think it is better. I remember Booth being in that county. His general character for peace. MUDD. Any fact which any witness knows.

his name does not appear at all. sometimes and to me two or three times to tell me not to I never saw Andrew wait on the table. I think. 1864.se. and never saw Cross-examined by Assistant Judge Advocate a man called Surratt there. — 3fay Julia 26. but at Dr. The next morning I saw "Samuel Thomas" entered on . he asked me if I could would show that.does not show how long Dr. December The book is the Pennsylvania 23. the Thursday morning at the house in December the cash-book before Christmas. up to this month. and come till Friday. I before.— May 29. Ann Bloyce (colored. have seen the handwriting of Dr. but she would.] and drives my wagon. and I finally told him it was out forget it Gwynn. Lucas went up on Wednesday. a huckster. one Sunday evening. 1804. [A photograph of John H. By Mr.] I have never seen that man at Dr. of diers about Dr.3. and and I promised to do so. never to allow a person to go to bed without By Mr. I day they call Twelfth Day after the Christmarket mas before last. Surratt exhibited to the witness. May. nor heard the Bingham. I Stone. and am acquainted it. I not appear on I A. Maryland. he never struck . It was the rule of the house that the porter was For the Defense. He came last iron. who hucksters for me of Dr. did not see did not hear For the Defense. Samuel A. I I Mudd'sN I liave SAMtrEi. Persons often come in to take a meal. and left two days before this and asked me to take a stove down for him. For the Defense.] ." they both occupied the same my name two do not know at what Cross-examined by Assistant Bingham. could bring it down. Mudd does it for tlie month of January. Mudd. bring a stove from Washington for liim. and I have never The register I am acquainted with the prisoner. Samuel A. Dr. and the name of Dr. Mudd. McAllister.192 Reealled for (he Defense. his name nor Andrew Gwynn's mentioned. and names above room.) For the Defense. He may have slopped at the house and I not know liim. Stone — 26. H. — May 20 the By Mr. 1 lived with him a year. J. Mudd remained cember. with 'Kxliiliiting to the witneRS the register of the vauia Umisi'. and do not register their namea I find the name ''Samuel A. On Christmas Dr. Montgomery. I never together. of further than that I do not know. — May 27. 1 believe she left because That is the register of the Pennsylvania Mrs. having repeatedly registered my name in it for years past. He had I do not know who slept some relatives there. THE CONSPIRACY TRIAL. the witness retired to examine the register of the Pennsylvania House for the name told him that Lucas. 1864. nor any I did not hear ofof the rest that I know of his whipping Mary Simms. and live about two miles from Bryantown. T. hotel Dr. nor any Confederate officers or solmy power to take it. clean upI the hou. Sam Mudd's on Mudd came to me in . have been a clerk at the Pennsylvania House in this city since the 2d of December I last. and the [Submitting to the wltnosii nn liotol resistor. Mudd after December i-kl. eve last. Gwynn. her nor any of the others a lick. for no one is allowed to stop one night without registering his name. I [By request of Mr. Mudd. and returned the same day. 1 registered his. Samuel Miuid frequently. Mudd's house. used to cook. am went to live at Dr. We 1 ''J. was in Washington with him President's assassination . Mudd was in the habit of stopping when he went to Washington. On the 22d of last De. I suppose it was about 9 or 10 o'clock on Christmas eve that he came to ask me to haul the stove. Ewing. before. May By Mr. Christmas. Mudd' entered under date of December 2. Mudd's last year. and also By Mr. Judge Advocate with Atzerodt at the night of the was in bed that the name the book. went into the hotel open before nic. Dr. if I could. wash. have examined the register from the last night. have never. to my knowledge. Ewrxo. him seen Ben. Samuel A. Ewing. Mudd's name on the 23d of come down on Thursday. Mudd told her not to go out walking House. and he treated me very kindly never gave me a cross word. Mudd was very kind to us all. but he did not December.] I Pcnnsyl- recognize his handwriting on the page it is dated Friday. seen the accused. registering his name. known the rule to be violated. and pay when they go out. House register. I Francis Lucas. with which I am very familiar. heretofore produced. and was to entry of Dr. name mentioned. through the whole year. Ewinq. but his name would certainly be on the register. and 1 frequently heard the Pennsylvania House on of his staying the night with them. I have examined it very carefully.

and went for my brother. father and took breakfast with us. He was there half a mile distant. but I am pretty sure he was at home. my brother came in between 11 and 12 Mrs. and a sent to her room early to know how she felt. I never saw or heard of when the prisoner's sister was sick. having come in from the barn. the 3d. I do not know town with Mr. March Fannie Mudd. or Lieutenant Perry. I have been living in Bryan. I heard of Wednesday. Andrew Gwynn was an intimate friend of ours. live very near.I am sure that Dr. he sat in Dr. him since the fall of 1860. and she could not go to church. abouts from the 1st to the 4th of March last. and it is customary with Catho- I know that sister my My My — We . I do not think they secreted them. Samuel A. Mudd. two days before Christrstas. Mr. to see my sister. and he came there with my town. about brought her some medicine. Mudd say any thing against the Government or Mr. he would tell a lie on you to get satisfaction. For the Defense. Dr. Samuel Mudd was not ber. and took dinforward sometimes twice a day.father before that. been stripping tobacco. He was in the Bleeping in the pinea near my brother s house. in company with Dr. and was afraid she had the small-pox. MUDD'S WHERE*ABOUTS. Mudd. Surratt being there. Mudd went away early in the mornand his wife told me he was gone to brother's in the early part of last November. and on the morning of the 2d my father to rise that morning. Mudd's twice. The general opinion of Mary Simms among the colored people is. She sent him word that she felt very second time attempted. June 5. but have not seen Dyer. he went home for it. because it was Asli Wednesday. On the 1st of March my sister was taken and we were Catholics. and he spent two evenings with us at my father's. I from home at any time between the 1st and he came over again in the evening and Dth of March. and we go backward and again on Saturday to see her. but the switch was small. morning to see his sister. Andrew Gwynn. 5. very fond of music. I did not see him at all on that day. On the 4th he came to dinner again. My Cross-examined by Assistant Judge Advocate Bingham. ing. he was at my father's On Thursday. Samuel in the evening. who was sick. that she is not a very great truth-teller. He left that year. if he got angry with you. Ewing. I think I heard of Booth being at my Dr. For the Defense. Ward. I did not meet Booth when he was at Bryanfather immediately dressed. nor did I say any thing at all to the enrolling officers as they passed by. Mr. I never heard of a Captain Perry. Washington to get a cooking stove. 'but was obliged to remain at home. I have heard that he was there the 5th of March. to my knowl- 13 . nor have I heard of his being at my brother's. Henry L. brother. habit of visiting the house of Dr. The colored folks think the same of Milo Simms as of Mary. sister. sister. the father of the prisoner. and was not absent from home at all. 3d. knew of three gentlemen. or were at my the officer in father's house. he was attending his sick Mudd. summer previous.Mudd was summoned very early in the ford. and the dates from the fact that the 1st of March. Jerry I know Andrew Gwynn. Emily Mudd. Mudd's. Dr. I am positive of the house very frequently last summer. Booth being there once. EwixG. As he had not his medical case with him. was Ash John II. sister attempted sick. and I did not see my brother on the 1st of again on the next day. and I don't believe the licks could have hurt her. and Bennett Gwynn. I never heard Dr. but has not. On the day I left. if possible. I know she is not. and I have not seen him since. Ewing. and on the 5th. because she told lies on me. Since this trial from home at any time between the 1st and commenced. badly. the 2d of March. the of it was the 1st of March that was taken sick. I know my accused. and 1 think he was there on ner again I was in the habit of visiting my brother's Saturday afternoon. over about 12 o'clock that day and dined am confident my brother was not absent with us. is my lics to go to church that day. A. Jn7ie By Mr.was at home on the 1st of March. — By Mr. but I did not see him. Mudd gave her about three licks with a little switch. Lincoln. but was not able. father's hou. On the Queen's pew. or of any Confederate soldiers being about my brother's house. 193 selves except during the night. Blan. but I saw him in church. where he had By Mr. and came back with the medicine for my I live at the house of Mr. I in 1861 . Since I I do not know personally that my brother left Dr. MUDD.DEFENSE OF SAMUEL next morning Mrs. 1-5. with his family. who enrolled the names of those our neighborhood subject to the draft. my brother-in-law.se is about thirty or thirty-two miles from Washington. Samuel A. and finding his sister much worse. and were particularly anxious to go to church. Sunday. probably in Novem. and took dinner with us. to brother's whereprepare for the penitential season of Lent. He came March.

Mr. Gross-examined by Assistant Judge Advocate Bingham. but was at home at night. edge. dinner.sh all that day.) sister early in the morning of the Recalled for the Defense. Dr. . and he staid in the barn until 12 o'clock. from Bryantown on the Saturday afternoon know he was at home to breakfast. been there. Mudd's all the a mile from the line of Charles County. the last day of February. Bettt Washington (colored. but I am not positive as to the time. or very well. On the 2d of March. June 5. or at the house of Di.194 THE CONSPIRACY TRIAL. Ewing. Thursday.. he was stripping tobacco in the barn. . He then went to the barn to strip tobacco. Mudd was at home. he was out working with me on the tobacco bed from morning until night. 1 ever known or heard of parties of Confederate officers or soldiers being about Dr. before breakfast I do not know what time he left. and therefore this kind of re-examination was not proper. and 1 saw him on Sunday night. Mudd. but not at noon he went from the barn over to his father's to dinner. I never heard of John U. the next day he was about the tobacco bed in the morning and afternoon. Blanford came in to lie was out all that afterdinner together. Dr. and he was there working witii us all day he laid the brush otf for us to dig up. when he rode up to the post-office at Beantown. Are you certain that Dr. 1 expect. Captain Perry. and have the matter fully understood. Wednesday. a little better than twelve months I since 1 went to live at Dr. and we cut bru. and we were on the other. colored folks about tnere gave her a bad Samuel A. iludd treated me John H. I know that on the 1st of March. Samuel A. nor have BlXGIIAM. Md. If I had heard talk of his name. and I know that on the Ist. By Mr. but it commenced raining. 1 have no fault to find with him. when he went to his father's. I went to live at Dr. Mudd's. and I saw him go out of the house early on Thursday morning. I saw him going by the road by his house toward Bryantown. It is —June 5. and came home Sunday night The tobacco bed that he was fixing on the 1 after dinner He ate his breakfast before I'?iad that day. Ewing desired to put the question in order to explain a seeming contradiction. and came back after we had been to supper. John F. I saw him on Friday morning. I should know it. and he was there all day when he was on one side the habit of going to his house very frequently we were cutting brush I 1 saw Dr. since 1861. Mudd. I never knew name as a story-teller.) Recalled for the Defense. until the next day at noon. and was there in March last. after the assassination of the President. . he was there until about dinner time. Mudd's. the examination in chief. and every other night. . Mudd was also at home Tuesday. For the Defense. was there last March. I was working on the bed with him. Mudd took breakfast at home on and I have been in Thursday. 1 always got up before Dr. at dinner. and came back at night. Mudd took breakfast at his house on the day after Ash Wednesday ? Assistant Judge Advocate Bingham objected to the question as not proper re-examination. Dr. I was sick and did not see him any more on Friday I did not see him until I did not see him at all on noon. getting it ready to sow. Cross-examined by Assistant Judge Advocate Bingham. . On Sunday he went to church. I know Mary I live in Prince George's County. and he and Mr. Mudd's house the week after Christmas. 1 was working with him . On Ash Wednesday night. Q. Dr. between 1 and 2 o'clock perhaps a little earlier and I saw him coming back perhaps about 4. Surratt. since 1801. or Lieutenant Perry. — Juyie 5 By Mr. one was with him. the 5th . and never heard of their being Cross-examined by Assistant Judge Advocate at the house of Samuel A. The Commission sustained the objection. and he kept the house all day until pretty late in the evening. On Sunday he went to church. Mudd was down at the tobacco bed. no and supper on Thursday. the 1st of March. Dr. Mudd. The cross-examination had been confined to matters brought out on. 1 Ist of March is down close to Mr. Mudd's house. Ewing. and he ate his dinner and supper at home. Sylvester — . On Friday he went to the bed again. he was at home. Frank Washington (colored. Davis. about Simms who used to live at Dr. On Friday. Surratt while I By Mr. which was Ash Wednesday. I saw him the next morning. Samuel Mudd's liouse. . lived at Dr. On Saturday it rained pretty hard. . . Ewing. he came to his father's very early. nor do I know whether he was at home or abroad after he left his . noon. mine. Ash Wednesday. Mudd on his way home of the path. and he went to the post-ot!ice at Beantown. 2d.all saw him on Saturday at breakfast. and do not know of myself whether he was abroad or at home on that day. at breakfast time.

and when the 15th of March this is the same sickness I came to my dinner my brother came in imthat I swore to before the Court a week ago.sday. Bingham. horse buggy or rockaway while I lived there. Henry L. Samuel brother. though he certainly was at home. in the forenoon and My brother has not owned a carriage of afternoon. Samuel A. Ewing. ^ For the Defense. Ewing. see me twice on that day. my Friday morning. beard it called a rockaway. who was sick.DEFENSE OF SAMUEL that Dr. Mudd at his house Miss For Mary Mudd. within five miles of Bryantown. was sick and confined to my bed at Dr. because I On the 5th of March I saw him at church. Jr. The distance me. my My By Mr. —June of 6. close family carriage. By Assistant Judge Advocate Bingham. and brought him over. I Bick and confined to the house until about was at the barn stripping tobacco. On father does not own any buggy he owns a the 3d I saw him three times. a close carriage. Mudd. large seat behind. MUDD. He told me he could not give me any from my father's house to the Navy Yard meat on that day because it was Ash Wednes. again at my father's house to see my sister. On the 3d of March he was sent for about 10 o'clock. I am very On — June positive of this. the beginning of Lent. The sickness passed off. and remained my father's house on the 3d of March. morning and evening. mother. and he asked for some water to wash his hands I noticed they were By Mr. close carriage. Samuel Mudd's. Mudd was up to see me every day durwas taken sick on the 1st of March. Samuel Mudd was at home on the 3d of March. when I was taken very sick. I think it has a window in each Bide. There is one seat inside. Since the 9th of January I have been living I recollect that he at Dr. and a forenoon and afternoon of each day. and then returned to his own house. I saw him again that evening when 1 went over to his house to fetch some medicine. four seats inside and two By Mr. On Ash Wednesday. —June 9. H. from the Ist to the 5th of March. My to see me twice. On father sent for Dr. and carried him half a dozen small perch. and opens at the side with a door. the 2d of March he was at my father's house before breakfast. It has curtains. Mudd. . Mudd's father does not own a buggy or rockaway. In the afternoon of the By Mr. —June 6. I saw him at his house. My Dr. It I saw Dr. I . remained to dinner. on the Ist of March. and he came into my room to see and he dined at our house. and the boy found him in the barn stripping tobacco. in the persons inside. 5. March Mudd. covered with the gum of tobacco. having come to see my sister. For the Defense. for I went down to see him. Mudd's only once last winter. and brought some medicine. not a very lieavy one. His is father's carriage is a two-horse one. I was taken I distinctly remember my brother being at eick on the 22d of February. By Mr. By the Defense. A. the driver. I said it was a rockaway. but on the 2d . Ewing. mediately afterward. was at home on the 1st of March. It is as large as any of Cross-examined by Assistant Judge Advocate the city hacks. sent a . J. Recalled for the Defense. and on the 4th large two-horse. Dr. and I saw him at church on the 5th. I but I spoke of it first as a " carriage " I never was making preparations to go to church. I was not out to see. and left about 2 o'clock. Assistant Judge Advocate Bingham. Ewing. He had his father's carriage once on the 17th of April. who was much frightened. sister Dr. and one outside for outside. the 3d of March. His carriage is a large.bridge at Washington is from twenty-seven day. By Mr. 195 know Thomas Davis. Ewing. He came about half-past 11 o'clock. and my flee him. I remember I went to church twice a day. He came up to to thirty miles. I can state that on the let of March I did not there was an eruption on my face. I do not know what he had while I was sick. holding four and 5th he came to see me as usual. and I grew better. and on the 2d of March he came any description since I have known him. father found liim in bed. and generally Wedne. On the 4th of March he was Cross-examined by Assistant Judge Advocate Bingham. I saw him again that day at 4 o'clock. Ash ing the whole of that time. and very heavy. same day he came again. . Ewing. Dr. the 3d day of March. Blanford. He remained with us till 7 o'clock. two on the driver's seat. Of the whereabouts of my brother. was sick. at about 10 o'clock on Friday morning. he had no buggy at all. Mudd did not own a twoon that day. the Ist of March.

I remember his being ery-stables. he came to see me again also on Tuesday. By Mr. During tiiis time. on one of the days.«. Martin's and or1 know Andrew Gwynn. because we tin's. ported at that election. and dined with us. He left at 2 o'clock. His wife and Mrs. returned to Mr. I do not know that this trial commenced. I have never seen of the paintings. Having come from the barn where he was stripping tobacco all day. On the 4th. and dined with u. A short time after that. and he comes in frequently we took a street-car and came up on the to see her. remained two or three hours. Mudd suproad between Dr. who sent back word that he would be there to He came between 1] and 12 o'clock dinner. in company with wagons. Gardiner's. and his barn was blown been changed to Tuesday. and on Wednesday I was able to leave my room and did not need his attention any more. because my mother's bridge and up to the Navy Yard gate then health is delicate. Mudd. we heard that the day of sale had had a tornado. On Mudd the 23d of March last. 1851. the (3th. I unnot live more than half a mile. We went to Mr. Dr. Mr. we took a him wear a black hat for a year. he brongiit no medicine. Allen's. he he closed his store. George Henry Gardiner's second-hand wagons. recollect the contest in district. On Monday. November. and riage. Gardiner. home except the summer vacation. bringing with him 6ome medicine. I saw Booth in Dr. From there we went in January. when we returned to his came with my brother Henry to Giesboro to house. I never heard of a second visit until since has been We were not horses and returned liome. first went to St. or soldiers. but when we got to Mr. stopping at my brother's house. during the whole of the appointed in attending it. Bryantown is on the date. Martin's. . Mudd said he wanted to go over in or heard of him. (the accused) and myself came to My Washington together. month. in I .accompanied Mr. we were not out of one another's sight. I never knew or heard of any Confederate officers. while there. They remained his store. who boards in Not finding him at home. avenue. Maech Thomas L. I did not see his My brother's house is also on that road. Mudd and myself sleeping tosent on any other occasion. and came up to attend the sale of Government condemned horses. my brother came to see me. or January. and we were disdown. went over and returned with more medicine. 1865. email colored boy over for my brother. Gardiner. Mudd looked at some at a party at Mr. buy some horses. a negro woman on the place was taken very sick of typhoid pneumonia. left home abont 8 or 9 o'clock in the morning. but I do not remember the date. Clark's. My brother lege in 1849. 1 understand he dered our dinner. Alexander Clark's. or citizen Confederates. which we were told would take place We — our Congressional which Calvert and Harris were the rival candidates. where Dr. My brother has for the past year then went to the Capitol and looked at some worn a drab slouch hat. After this. Queen's pew at church last fall or winter. I did not hear of his staying there over night. Dr. MarThat day I remember very well. Saturday. but from a conversation I had with I in the Confederate service since 1861.night Dr. separated at all during the whole time. Gardiner does he was termed a secessionist Calvert. Simms. were also there. and until daybreak. from the time we left Mr. round on the island to Mr. In 1851 he went to Georgetown College.196 THE CONSPIRACY TRIAL. Recalled for the Defense. I remember he came directly into my room and washed the tobacco gum oft' his hands. On the same day my brother Henry. John's Coland he was there in 1850. between the 23d of December and the 23d of then returned to Mr. I think. he was at our house in the evening. town so we left our horses at Mr. and then around to one or two livLewcllyn Gardiner. nor did we go to the National Hotel. 23. . Clark. I do not know of Booth having been at my brother's at that visit. Queen's and Mr. we My brother never owned a buggy or car. — May 29. After tea.sed the horse of Mr. 1 only heard of it. On the 5th. after which we got our . IN WASHINGTON. derstood was the unconditional Union candifrom my brother's. Samuel A. After that. Dr. street-car. He never spent any holiday at on Friday. I have been in the habit of seeing my where we had dined. Sunday. Mudd looked at some ton on the 23d of March. ticket. Young's carriage I know of thy brother going to Washing. brother saw her every day until the 23d of March. and December of 1850. late in the evening. walked across the brother every day or so.factory. I can not say whom Dr.Mr. After breakfast next morning. Mr. and I never heard of his being ab. and took tea with him. Ewing. I am confident. gether. Martin's We saw nothing of Booth till we returned. where Dr. the 7th. and staid all March. He was not at home in the months of October. and myself went to sions I know of his being away from home Dr. and returned at 4. Clark to his store. Harris was running as a peace candidate. I saw him every two or three days. we went down to the family. Those are the only occa. It was the visit when he purcha. staid there with him till dark.

DEFENSE OF SAMUEL A.sight that night from the time he came into land was the unconditional Union candidate in the store until he went into his room to bed. June 6. the latter gentleman I had never seen I was introduced to him on that before. Emerson myself were not separated five minutes during and Mr. There AT GIESBORO ON APRIL 11. I think all my life. the Bank of Washington. Mudd. Blanford left us about half-past horses. Mr. He came there in company with Mr. Jr. and there. and only two occasions on which I have seen him. Allen's. ten miles from Washington. and finding no of his. brother. Henry A. and the others both peace can. and am pretty much acquainted with the gentlemen that visit there. it was. Dr. time of their visit by this. Clark introduced Dr. there were per. that district. spend the evening there often. Mudd 10 o'clock. I. and and spent the evening there. I know that Colonel Holland was the morning. Mudd lived in. and get some dinner. I evening. were several other gentlemen in ni\' office. and went it would be better to elect Mr. Mudd on any other occasion this Bingham. June 6. Mudd. Mudd. and I think Ethan Allen. for we were talking about it at Dr. Veiglimyer were there.where else. Clark On the 10th of last April. home with me. I do not know his first name. Those are the first introduced him to me.brother. Samuel A. my office in this city. during last winter tween 12 and 1 o'clock. Mudd. nor did I see any thing of John Wilkes 1 know of but two not positive. houses.Mudd and Mr. near the bridge. and perhaps Mr. and went to Washington. Gar. Gardiner went to my house I understood him to say that he thought with me. at my house. and remained till between 12 and 1 o'clock at night. Allen's. I fix the For the Defense. Wilkes Booth. Dr. when Mr. Blanford came in just as we had dined. (the accused) and Mr. but am Yard. to whom Mr.other visits to Washington made by my haps ten or a dozen. I understood that Calvert was publicly reputed to be a stronger Union man than John H. unroofing one or two By Mr. Dr. myself left home together and went to BlanWe staid ford's. No one bearing either of those names was in Harris. Gardiner when They came to my house on the time. I have not Cross-examined by Assistant Judge Advocate seen Dr. Charles Allen. Welch man. Ewing. the 23d. erence to the newspapers I find that it was and about three-fourths of a mile from my I had seen Dr. year until yesterday. between horses that suited us. playing cards. Samuel A. Allen's office. Samuel A. We did not cross the Eastern diner and Dr. Dr. By Mr. Cal. came to my store in this city. Calvert. Gardiner. Mudd and a number of other gentlemen. on the evening of the 23d of March last. day on which a severe storm had occurred. Ewing. they left. Mudd and Mr. Dr. in company with we all three returned home. over the city that day. A. Mr. I have lived there in the early part of 1864. Gardiner. We remained till be. Mudd was not out of my didates in the field that Colonel John C. . or Mr. Mudd and Henry L. Samuel The last time I saw him was at A. Mr. Bowman of Booth during that visit. Gardiner. and the next morning Dr. was no one in coma candidate when Harris was elected the last pany with Dr. and they vert. Dr. Giesboro to buy condemned Government By Mr. Ewing. but I can not state positively the names of the ten or a dozen that were there that evening I all knew who were came in about 8 o'clock. which we did. and killing a negro man. Blanford. but I can not recall them. Allen's on I that evening. After tea we went around to Dr. Mudd. Mudd once before. and went to go down to Mr. I gave them a bed-room. at Dr. I can fix the date of that visit from the fact that a tornado had swept For the Defense. We In the latter part of last March. the first on the 23d or 24th of — — . by refI live about three miles from Bryantown. 197 him. Mudd 6 and 7 o'clock in the evening. Hol. Surratt. or any I do not know that there were three can. Mudd. — I am acquainted with the prisoner. Mr. understood that he lived in the same section of the country that Dr. Martin's. May 29. there all night. and this was spoken of by us in the evening. and spring. company with Dr. Dr. and took tea at my house. I proposed to Dr. a neighbor remained till about 1 o'clock. away together the next morning. I supposed he would support Mr. and Burnett. They Cross-examined by Assistant Judge Advocate Bingham. by which a negro boy was killed. Morgan were there for a few Branch. my brother. Dr. Clark. or come into Washington or the Navy minutes. do not know either J. H. Gardiner. and myself went to For the Defense.that visit. By Assistant Judge Advocate myself at Dr.There were no strangers about my house in didates. remained together in my house. Clark and Mr. Mudd. MUDD.

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—May Cross-examined by Assistant 29. I went to Washington. MarHe that day. and I went into It is a mile and a half. When I came back I did not see the men. I was at home on Saturday. except the times I have mentioned. nor the name of David E. and is not more than He came then about a boot. H. time in January. I is on the other side of the Eastern Branch. place. . By Mr. and wanted to see Dr. Lewellyn Gardiner to buy some horses. Maryland.s Booth.5th was a liolida}'. We arrived there some three weeks while I was there. and he and Mr. and they returned a little after The next lime he was from home lExbibiting to the witness a photograph of John H. mile from Dr. arranging to meet him at 3 Mudd every day during all the while I lived I o'clock. examinwell I took them with They were very inferior. The men home. ness in Washington. and the other had not . J. probably. 24th. nor I to him. but I did not see fifteen minutes. working on his were gone. continued when I left him on the following Friday. Mudd speak. Ewing. Herold. I took my meals up stairs with Dr. I do not know John H. there.the family. George Henry Gardiner's on the night time one niglit at a party at George Henry of the parly they walked in that direction. when he went to Surratt. or probably two miles. then I took them by myself half-past 12. knew about tiie two men having been there. with the exception of one night some gone. and MUDD'S ABSENCE FROM HOME. Mudd. . when I went home. and as I did not hear of the men the I have been on the plantation all the farm. Mudd there. and found there. and was sell his farm. Martin's. was at his father's. the horses 9th of January last. Hardy went on from the National Hotel. Mudd. Some soldiers came to the house on at Giesboro. For the Defense.200 Dr. Judge Advocatb Bingham. and I remained attended me. Thomas Davis. we started toward them. Having busi. in Prince George's County. Samuel A. Washington. Gardiner's. ! A likeness uf John WilkcB Booth was HhowD to the wit- ness. Mudd till after 12 o'clock. the field. went to Mr. and saw two horses Dr. I Washington with Mr. being there after that. Henry I never saw that man at Dr. Samuel Mudd's since to the house. then. Stone. Mudd time before the hour of sale. Martin's place tin's when I returned. but when I was ing horses. between 3 and 4 to my house. Mudd eighteen months. Martin's about half-past 2.] I never saw that man at Dr. except when late on account of did not purcliase any. nor John Wilke. and he I was there also o'clock in the afternoon. not ready when the horn was blown nor did All I I take dinner with them that day. and was with him at Mr. Mudd and his brother. B LAN FORD. panied him. Mudd about I saw Dr. I supposed they were time. Mudd's. toward the house. his family accomBy Mr. and the 2. was with Dr. have lived at Dr. and Dr. May 29. I never heard Dr. Mudd all the time till half-past when he was absent. the 15th of Mr. and rode together to the road leading left. in general terms. Ewing. Mudd and his wife start to go from home only three nights during that to Mr. and Dr. one had been to meals. I left Dr. Gardiner lives about three-fourths of a It was on the 2tJth of January tliat he ton. and heard In about April. I accompanied I live I remember the date because tlie barn was blown down while he was away.] feeding the horses. Mudd's. or doing other things. Mudd Dr. fifty or one hundred yards from the bridge. I was working in the field. Mr. to attend a GovernI was ill for more than I was living there. and that he would sell if an advant I did not take breakfast with the family ageous offer were made to him but I have no knowledge of his making a direct offer to on the day after the President's assassination. That was what I understood about them. . as near as I can say.Mr. I have During the last express any disloyal sentimenta several times heard Dr. was that one of them had a broken leg. was on the 2'-i<\ of March. and the other times in Washing. at work on the His brother was with him farm. They came back on the saw him at his own home about five years I . sunrise. that two men were there. at Mr. He said nothing to me through the counties. with me as far as the barn. Mudd has been absent I saw Dr. For the — By Mr. and I went for him. Ewing. and got back to 12. told him some soldiers were at the house and right in the forks of the road leading to they wanted to see him. Gardiner's. near the bridge. about 4 o'clock. waiting for me. On the 11th of April last. Mudd's while L. about twelve miles from this city. of being dissatisfied with his By Mr. I never heard their names mentioned. ment sale of horses. I was attending to the horses. Surratt. Defense. his journey. Dr. to Giesboro. and he came along Giesboro and the stage road leading down with me directly. THE CONSPIRACY TRIAL.

The first time. As Dr. Recalled for the Defense. live with Mr. saw Easter Saturday. Samuel Mudd's. Gardiner vvent to Washington with him. and the next time when he was away all night. been in the swamp looking for my hogs. away from home at night but three times that I can recollect. nor any person at all. I did not see anyperson I had with him. I think 1 should have seen him. and asked if they had gone for the woman to clean up the house. Mudd's house a single night since Dr. The next time was wlien he went to Giesboro with his brother. I was a slave before the emancipation in Maryland. Mudd's lately Booth and Herold. or pass any one on either road. I met Dr. I can not think what month it was. never saw the small man before. He was away. I Stone. is. nor did he say any thing about He was riding a bay filly. . and just saw a glimpse of him. a person Cross-examined by Assistant Judge Advocate might dismount and I not notice him. I have not been away from Dr. up to the swamps. to Washington. would pass through our Dr. AT BEYANTOWN. You can go from Bryantown to Dr. Henry Mudd. I |. either walking or riding. in going to or coming from Bryantown. John McPherson's. the kitehen window. The main road from Bryantown. that I know about Dr. Mudd came from Bryantown he passed through my place by the by-road. was his own horse.A Cross-examined by Assistant Judge Advocate Bingham. Mudd. 20] I January. and came back. Mudd on the by-road leading was there to go with him. I think it was in the "latter part of the month that he went there. goes right through my place. or through the plantation path. his home. I I also saw him Dr. or four minutes after this Dr. I think. That was between 3 and 4 o'clock in the afternoon. Mrs. and have been living there ever since.st oppcsitc my house. 1 think there was a week. I did not see any one leave the house with him. Mudd was riding at his usual pace. Dr. He started in the morning. George Henry Gardiner's they went about sundown. Mudd's going there June 7. but I can not say in what month. April George Booz For I 15. and came back the next day at night. and so did his wife. Some Bingham. anybody had been standing in the road. I did not see the two men that were at Dr. but I can not come at it exactly. Mudd's either by continuing along the main road. the big elm on the side furthest from Bryan- If ever I saw that man I do not recollect. in all. and could have seen if any one had been there. above the road. and had crossed the main road. Mudd. and then kept on. as the gentlemen . I also passed near the little swamp. on the road coming up fi-om toward Bryan- On town and going toward home. Mudd came to the door. he started in the morning. and came back late at night. about half a mile from Mr. card photograph of J. and belonged to Mrs. next day. Mudd was going toward He did not ask me if I had seen at Dr. Adelaide Middleton.sastogether to buy horses but lie missed the sination. of the bushes tiiere are as tall as a man's All head. Betty Washington For the Defense. and about three hundred yards from day. 16. As I was not looking out for anybody. He very frequently. I anybody. In three I did not see any one with him. I do not know what time. Mr. this occasion. went to live at Dr. and I did not see the large man at all. and met Dr. as I passed from the big swamp across the main road up to my house. I crossed the road ju. I did not see any person on horseback standIf ing in the swamp. I know it well. as (colored. I do not know where Giesboro is. and could not buy any. I am attending to his lower place. on place. I did not see any one. on the Monday after Christmas. (colored. and asked me where I had been.) the Defense. MUDD. the 15th of April. on the Saturday. — May By Mr. two whole nights and a part of a night. next to Bryantown. Wilkes Booth was shown to the witness. and they started through our farm on the day after the as. that he told me he went there. or two weeks. going in the direction of the swamp. or taller. Mudd has not been I went to live there.) 27. Dr. Mr. he and his wife went to a party at Mr. and as I came up to the hill. Mudd's. and I would see him. that picture that I can recollect. when have not seen him since the 9th of between the time when he went to Giesboi'O I went to live at Dr. had gone. I do not know who came back with him. but it was since The last time he went the last Christmas. Mudd'e. Mudd had started off a little girl for a woman to come and clean. it never saw anybody like Bryantown. Henry Mudd. Mudd at my house. his brother.] When we met.DEFENSE OF SAMUEL ago. the small one. Henry L. I saw one I was standing at of them. near as I can tell. stopped and spoke a few words. Mudd coming up from Bryantown I spoke to him. — . A. . to buy some horses. I — had been below. —May 27. but I heard that Mr.

tion of Bryantown or not. Booz's is about and. Thomas from boyhood. when he came out of the main road. Tlierc was no horseman on the full view. I reckon I can eee a quarter of a mile in each direction that is. I know Daniel J. citizens as well as soldiers. found soldiers stationed two or three hunI made inquiries dred yards from the village. He was road. of them. It is such that I would not believe him under oath.ward. leading through the farm. June 3. and I staid there until night Before getting to Bryantown. and back before Dr. and this well as since. and the reputation he bears for truth and veracity in the . and I have not Bryantown by Mr. there was nothing to prevent iL If anybody had been traveling with Dr. When I heard his name.. ridI saw no one ing very slowly by himself with him. Mr. and they I saw Dr. 1 met a gentleman on the road. Mudd. Mr. think 1 have said any thing against the but I could have seen very easily if there had Government in its efl'orts to put down the rebellion. Leonard For I town. — the Defense. I saw Dr. he was riding by himself There was a man followed Master referred to his reputation before the war as Samuel. and had he been there I must have seen him. Mudd. I had a reason not to want him Pkimcs Johnson (colored. from Dr. and swear to them. little cut-off road. I think 1 should have seen him. and Boyle was among them. and lie kept on the main road. with some ten or I live not far from the opposite the barn.) there. For I live at the Defense —June 3. Mudd. 1 have given no assistance or My counsel to the enemy in any way. coming up toward our house. and not more than a quarter I live on the of a mile from George Booz's. I was not in Bean's store that day. but I never harbored him day after he had passed our house. I have known Mr. He came to my house the morning Dr. Mudd turned up through this by-road. Mudd ministration have spoken of not so I may tree called big elm. when Dr. about 3 o'clock in the afternoon. Mudd that Captain Watkins. Robt. Thomas. which is not more than a dozen or fifteen. and he came kind of man who will imagine things. Morris's house. John Morris's. going toward Bryantown. road that I saw. It appears to me he is a man came back by hiin. and I think raining a little. and is on the to tliem to the last that they are facts. Thomas. and it was not till a few minutes before I left in the evening that I received the information as to who was the assassin. By Assistant Judge Adtocate Bingham. on He Easter Saturday. then bring himself to believe they are facts. I can see from the swamp clear up to the the assassination of the President. was after our general election. who told me of the assassination. on their route homesay whether he was coming from the direc. Where I crossed the road. ScsAX Stewart. shape. or a little after. but I can not the general election. from and toward Bryaiitown a plain. It was cloudy and misty. saw him when he In what I said of Daniel J. I also asked several persons. 202 THE CONSPIRACY TRIAL. then assert and stand two miles from Bryantown. I did not see Dr. a party called. though I conversed ter was the assassin with several. Mudd turned in at the gate. Cross-examined by Assistant Judge Advocate Burnett. neighborhood in which he lives. about a mile from Bryantown. When I saw him. inside of the place at which I live. I believe it. I have only seen him once or at my house. after the President killed. —June. I reckon. and that somebody that belonged to the theabut. I did not know him at that time. Samuel Mudd. know the man Boyle who murdered I I saw George Booz meet Dr. and I was not so particular in my For the Defense. After fifty yards from the main road. away from Bryantown. . treatment toward those with him. but I do not not take particular notice of the main road. and many call after the election. — about By Mr. George Mudd. been that of a loyal citizen. I did pleasantly. was in Bryantown on the Saturday after and when I crossed the main road. Standing at my door. none of them could give me his name. but he professed not to When I got near Bryantown. There are some acts of the Ador manner. the prisoner. been anybody on the main road. Ewing. he would have been pretty nearly at or near the point where S. I was going to Bryantown. They staid but a short time. attitude toward the Government during this rebellion has. Booz's on the Saturday seen him since. when I first saw him. was 3 o'clock. and kept on the main road when Dr. but nothing more. going up toward Mr. If there had been any one going along the road with Dr. 3. I believe. he was just at the corner of the barn. believing them. about 3 or 4 o'clock. I can see a quarter of a mile or more of the main road. was about fifty yards from the road. twice. from which I saw Dr. and learned that such was the fact. Samuel Mudd coming from left after an hour or two. I also about half an hour. Mudd.sclf. Mudd's and Bryantown. Samuel Mudd. road between Dr.

I was about fifty yards from the road when 1 . For the Defense. am a merchant at Bryantowrf. —June 5. A. I can not state positively whether I heard Soldiers that day that it was Booth or not. nearly half a mile in length. Bryantown. the at is . In about three-quarters of an hour I saw the man come back. from Bryantown to Port Tobacco it By Mr. The day I sold him the calico I had Judge Advocate the man. and the Commission sustained the objection.of calico ? pied by Booz and Murray. June 3. and you can look down the road to is thirteen miles and a half Bingham. and the assassination was the topic of general discussion. Q. on the road from his house On the day after the Presito Bryantown. but I can not say when I first heard it. . I also heard that he had person coming from the bridge to Dr. Ewing. and who had the reputation in that neighborhood of being a desperado. When I first saw Mudd and apart. Dr. house would have to pass along the main been traced within three miles and a half road by the big elm. I sold him some calicoes this the only thing that I particularly rememWhen I first heard that day that the ber. I have traveled I am also familthese routes several times iar with the road from Dr. but there was a man overtaking him. Mudd in regard to the assassination Two weeks ago I made special inspection of the President that you are enabled to fix of these roads. Mudd return toward his house. more or less. I could not help seeing him if he had passed have killed Captain Watkins. Q. that day. Mudd riding toward Bryantown on a gray horse. That led me to believe it was the day. " I am sorry to am Assistant Judge Advocate Bingham objected to the witness stating the conversation between him and Dr. D. were in and out of the store that day. Samuel A.sassination of the President? Cross-examined by Assistant A." the conversation ? to him that there was very " Yes. as indicated on the map. dent was killed. By Mr. Q. Mudd but. Bingham. Mudd's ated the President. bridge to Surrattsville is about ten miles. and I was there for an hour." said he. Mudd to the assassination of the say in regard President? Assistant Judge Advocate Bingham objected to the question. John Acton. It was from the conversation you had By Assistant Judge Advocate Bingham. inasmuch as the witness had already partly answered the question. and my impression is that they said man who is said to it was by Boyle. that that portion of tne roarl between the elmtree ami the swamp. The cluster of trees round the The distance from the Eastern Branch houses would obstruct the view of this road. [A ronghly-drawn map of the locality was offered in evi- dence. is entirely visible from those houses. and that circumstance leads me to think it was the day I heard of the assassination. E^ing. I believe it was. the bridge. Bean. — June A. from which it appeared. Mudd. and the next some conversation with him. acquainted with the routes from Washington through Surrattsville to Bryantown. I certainly did not hear it on by John Murray's house. with Dr. By Mr. and about a mile and a quarter from Dr. A. or else by the cut-ofF of Bryantown. I asked by whom. From Cross-examined by Assistant Judge Advocate can not state positively when I first A heard that it was Booth who had assassinright into the main street of the town.saw the man returning. Did you have a conversation with the prisoner. they were a little way . 3. Bloyce live. Dr. think. was the murderer. Ewing. Samuel Mudd bought some goods For the Defense. the as. bad news. I know where the colored people named because I remember his remarks. remarked By Mr. Mudd's to Bryantown. afterward. He was alone when I first saw him. and running by Murray and Booz's bouses.DEFENSE OF SAMUEL De. MUDD. hear it. Samuel Mudd's. that told me on Saturday night that Booth E. and through Surrattsville to Port Tobacco and Pope's Creek. I . by the explanation of the witness. I live about three miles from Bryantown. K. and the whole of the road that branches off from the main road. miles. to ascertain what portion of that as the day when he made the purchase the roads was visible from the houses occu. I think it was Dr. Ewing. Q. George Mudd Saturday. I do not think a person could see from Surrattsville to Bryantown is sixteen I any distance from these houses. my store.] What else did Dr. but did not see Dr. is not more than a quarter of a mile. is visible from the houses of Booz and Murray. 203 What was I For the Defense. I saw Dr. On the I — I day following the assassination. President was assassinated. as to along the road. Joseph Blanford. he would allow the answer to stand as far as it had gone.

o'clock in the afternoon that I saw him come back alone. in conversation with They were sitting off to Dr. His repuwith Dr. I gnes9. the day after the I heard the subject President was killed. Mudd's house. George Mudd's repusons in the room. I saw Lieutenant Dana at the hotel in Bryantown. I o'clock. I have heapd him spoken of as rather a bad man. I know that people generally think that he is not a truth- The truth and the Defense. There were some three or four perDr. for truth and veracity in the community where he lives is not very good. I heard that Boyle had murdered the Secretary of State John Boyle. lie rode a bay liorse. By Mr. Peter Trotter. Ewing. Mudd any more that evening. I I am a blacksmith. George Mudd. in the neighborhood in which he lives. in conversation with Dr. Q. Thomas for veracity. do not think I have ever heard of Thomas being a witness before this trial. I saw Lieutenant Dana in the hotel at Bryantown. were a good many soldiers there. that you would not believe him when speaking under oath before a court ? A. themselves. Thomas. no conversation between tiiem. jnan's. is very bad. — do not recollect whether or not I have heard Daniel Thomas charged with having sworn falsely in any case. but nobody mentioned the name of the assassin. Mudd. I know the reputaHis reputation tion of Daniel J. acquainted with the prisoner. nor did I notice him much I noticed the horne more. For the Defense. morning that Lieutenant Dana had this talk have known him for eight years. and they said they did not They mentioned Boyle as the one know. and not apt to speak the truth. but I did not hear who was the assassin. . Dr. tation as a Union man is as good as any 2 o'clock till I heard thing I saw tlie man pet up to him. on the road leading to Dr. There of his murder talked of a good deal. Do 1 understand you to say. Mason For L. and heard the talk It was the general topic. I ever By Mr. David E. would depend upon what it was do not lliink I would believe him I «vas at Bryantown on Saturday. and very few in our community after the as-sas. lie looks more like him than any of the other prisoners. on the same road that he had gone down on. between 8 and 9 I live Samuel A. order. SlNOHAM. peaceable. in others I would not. and was there till 7 or 8 I did not hear any o'clock in the evening. on Monday morning. and heard the talk there. one say that afternoon who had assassinated the President. From my knowledge of his reputation I would believe him under oath in some cases. but I can not say It was about 3 or 4 that he is the man. I did not see Dr. and good considered a very good citizen. and with the knowledge which you have of Mr. By Mr. about 8 o'clock. but they did not know. the guerrilla. as a citizenship. — June 5. some twenty-four or twenty-five. On Sunday I heard who the supposed nmrderer was. tation for veracity in the community where John McPherson. —June 5. the day on his oath. Ewing. I am very well acquainted with Dr. not more than an hour before. that had assassinated the Secretary.204 THE CONSPIRACY TRIAL. Ewino It about I . There were a good many people in town that day. Ewing. 'For the Defense. I do not recollect that I made any inquiries about it. about the as-sassination. About 2 o'clock on the day after the assassination of the President I went to Bryantown. at most. "Thomas. reputation of Daniel J. I man. and a good Cross-examined by the Judge Advocate. and live in Bryantown. man He is of peace. George Mudd 8 reputation in the community as a Union man. was there on Saturday. and with acter.sination of the President. and of his life and character. from would. On Monday morning. they were around my shop the whole afternoon. and had killed Captain "Watkins. under the oath you have taken. I made inquiries of some of the soldiers. citizens as well as soldiers. Thomas. I inquired of some soldiers if they knew who killed Cross-examined by Assistant Judge Advocate the President. can not swear tliat that man I [pointing to the accused. man. he lives is not very good. George Mudd. He is as good a Union man as any in the United States. McPherson. that had passed through there several times. —June telling 5. Ilerold] is the one. I can not say. On Monday morning I first heard that it was Booth. I am confident that it was on Monday I am acquainted with Daniel J. George Mudd. I asked right smart of people. within three-fourths of a mile of Bryantown. his general char- am By Mr. about 6. but they could not tell me who had killed the President. From general report. I did not know the man. I was in Bean's store a short time.

Cross-examined by the Judge Advocate.
Latterly I have been loyal to the Government, and desired that it should succeed in




the rebellion.





have thought a good deal of the

rebels, but

not for the last eighteen months. Mr. Thomas is very unpopular in that neighborhood; I never heard him speak much about his loyalty, in any shape or form I have seen him both ways. Often, when we would hear at Bryantown of some Cross-examined by Assistant Judge Advocate great feat that was done, he would someBiNGHAil. times think one way and sometimes another. I never heard him speak in favor of the I heard that the soldiers were in pursuit rebellion, and never, at any time, have I of the President's assassin. known him to be at all unfriendly to the Government, or have any sympathy with the

much talk about the assassination. Some of the citizens coming in heard that soldiers were there, and that martial law was to be proclaimed, and returned to their homes. I first heard of the assassination from the soldiers. I asked them who had killed the President, and they said they did not know. I did not hear of any one, supposed to be the assassin, being tracked to near Bryantown.


Mabcellus Gardiner.

Before the last eighteen months, I thought For the Defense. May 30. a good deal, but never did any thing unBy Mr. Ewing. friendly to the Government; I never spoke much about my feelings. I do not knowI have heard Dr. Samuel Mudd, on several that I should have thought better of Mr. occasions during the past two years, state Thomas if he had been of my way of think- that he wanted to sell out. ing. I have never taken the oath of alleI was at Reves's Church in our neighbor-

About three weeks ago I went to but the Captain had no blanks. I never engaged in blockade-running, and never crossed the military lines without a permit. If Mr. Thomas was under oath in a court of justice, I would believe him if I knew he was speaking the truth. If he was speaking against the rebels, and I had to rely upon him, I do not know that I could bring myself to believe him.



hood on Easter Sunday, the 16th of April, following the murder of the President. The assassination was known and generally talked
but it is my impression that the name of the assassin was not known. I saw Dr. Samuel Mudd there at church. Q. State whether you heard Dr. Mudd say any thing as to how he regarded the act of





I am a Scotchman, a British subject, and have never been naturalized. I have used the rights of a citizen, and have voted. The first vote I gave was for Buchanan afterward I did not vote except for local officers of the county. I have not voted for three

I do not know why I did not vote on the adoption of the new constitution of Maryland.


By Mr. Ewing.
Mr. Thomas's reputation

Assistant Judge Advocate Bingham. I object to introducing Dr. Mudd's declarations. Mr. Ewing. I have brought that before the Court again for the purpose of doing what I failed to do yesterday, calling the attention of the Court specially to the character of the declarations that I expect to prove. Assistant Judge Advocate Burnett. It is the rule of military courts, when the counsel states what he expects to prove by a witness, that the witness should withdraw, so that he may not be instructed by the remarks.

[The witQcss retired from tho Btand and the courtfor veracity was room.] just the same before the war as now. In Mr. Ewing. I expect to prove that Dr. the early part of the war he had not the Mudd spoke of the assassination as an atroreputation of being a loyal man I am sure cious and revolting crime, and a terrible he was not I came to this country twelve calamity to the country and that he spoke years ago; am thirty-four years of age. of it generally among his neighbors at the church in that way. I again call the attenJohn I. Langlet. tion of the Court to the principle upon which I claim that it is applicable; and that is, For the Defense. June 6. that Dr. Mudd is charged with concealment By Mr. Ewing. of the fact of those men having been there I was at Bryantown two or three times on a concealment extending through Sunday Saturday, the 15th of April; it was sundown and that his declarations, showing his feeling when I last left. I heard that the President with reference to the crime during the time was assassinated, but did not hear who as- that they allege him to have been acting as BEssinated him. I did not hear that till Mon- accessory to it, are admissible. day morning. There were not many citizens The Commission sustained the objection or many soldiers in the town, nor waa there of the Judge Advocate.
; ;


Dr. Georre D. Mcdd.



Defense.— Mai/


By Mr. Ewing.
a practitioner of medicine in the village of Bryantown, Charlee County, Md. Dr. Samuel A. Mudd was a student of mediI


Hie father cine under me for many years. and my father were first-cousins. I know his reputation in that neighborhood for peace, order, and good citizenship, and I know of none whose reputation is better. As a master, I

have always considered him a humane

as well as to others. He always, to my knowledge, clothed and fed liis servants well, and treated them kindly, as far as I know. Bryantown the Saturday, the I was at 15th, when the news of the assassination of the President reached there, and remained Lieutenant Dana, on there all the evening. whom I called for information, told me that the party who had attempted the assassination of Secretary Seward was named Boyle, and claimed him to be the same party who assassinated Captain Watkins of Anne Arundel County, and that the party who assassinated the President was supposed to be a man by the name of Booth, but that he thought he had not yet got out of Washington. Boyle, who was known in our region of country, and had been there three or four weeks before, was a noted desperado and
his servanti*,




church on Sunday, the 16th





it was had been

more clearly admissible than this. It accompanies, or is connected with, acts which they have shown of the preceding day, and of subsequent days; it is a part of the very gist of the acts and omissions by which he is sought to be implicated here, and to refuse to allow him to show that he informed the Government, through one of its most loyal friends, of the presence of these men in hia house, and his suspicions in regard to them, would be to strip him of a complete and admissible defense. On the subject of such actions for this statement was an act I read an authority from Russell on Crimes, vol. 2, p. 750: "When hearsay is introduced, not as a medium of proof, in order to establish a distinct fact, but as being in itself a part of the transaction in question, it is then admissible; for to exclude it might be to exclude the only evidence of which the nature of the Thus, in Lord George Gorcase is capable. don's case, on a prosecution for high treason, it was held that the cry of the mob might be received in evidence as part of the transacAnd, generally tion. (21 IIow. St. Tr. 535) speaking, declarations accompanying acts arc admissible in evidence as showing the nature, character, and objects of such acts. Thus, when a person enters into land in order to take advantage of a forfeiture, to foreclose a mortgage, to defeat a disseizin, or the like, or changes his actual residence, or home, or is upon a journey, or leaves his returns thither, or remains abroad, or secretes himself", or, in fine, does any other


assassinated, but no one, to my knowledge, supposed that Booth had cros-sed the river; 1 did not this at least was my impression make much inquiry relative to it. I saw Dr.