Conspiracy trial for the murder of the president
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[197] A. I did between him and that person [pointing to George A. Atzerodt]. Q. State what the conversation was, as near as you can remember. A. I cannot give the precise language. Q. Give the best of your recollection. A. The substance of it was, that, if the matter succeeded as well with Mr. Johnson as it did with old Buchanan, their party would get terribly sold. Q. Do you know what was meant by that party? A. I do not. Q. Did you hear any other conversation between them? A. Another conversation was something of this sort,—that the class of witnesses would be of that character that there could be little proven by them. Q. Do you know to what that referred? A. I do not. Q. Did you hear any of the other parts of the conversation? A. I did not: I just heard these statements accidentally as I sat on the same seat with them. Q. Did you hear both these statements in the same conversation? A. Yes, sir. Q. Now, as near as you can, give the time when that was. A. It was either the evening of the 2d or the 3d of March last; I think, the 3d of March last. Q. Now, I ask you if you ever saw the man among the prisoners who wears a linen coat [pointing to Samuel A. Mudd, one of the accused]. A. I think I have seen him once. Q. When and where? A. It was at the National Hotel. Q. Under what circumstances? A. There was a person came to my room, entered it hastily, on the morning of the 3d of March, I think. He appeared somewhat excited, made an apology, and said that he had made a mistake; that he wanted to see Mr. Booth. I told him that Booth’s room,
Q. Did you, when you first entered the Court-room this morning, recognize that person here? A. I pointed out to the Hon. Horatio King those three persons. Q. The man that entered your room was which one of these prisoners? A. I should say that (pointing to Samuel A. Mudd) was the gentleman. It was either he, or a man exactly like him. Q. Do you recognize him? and are you satisfied in your own mind that he is the man? A. I am satisfied myself; but I do not know that I can satisfy others. Q. Did you ever see him afterwards? A. I did not. Q. Did you ever see him before? A. I did not. Q. He simply inquired for Booth, turned around, and passed? A. Yes, sir. Q. His conduct, I understand you to say, was so singular, that you followed him, and saw him passing down the stairs. A. Yes, sir. Q. How are you enabled to fix the date? A. I fix it from the fact of the inauguration. Q. You think it was the day before? A. I think it was. Q. Was it in the daytime, or in the evening? A. In the daytime. Q. About what time of day? A. About ten or eleven o’clock in the morning. Q. Might it not have been in the previous month, in February? or are you enabled to fix the date with certainty? A. I think the 3d of March was the date.
A. It is the best of my recollection. Q. Are you certain about that as you are about the identity of the person? A. Yes, sir. Cross-examined by Mr. Cox: Q. Can you fix the date when you saw O’Laughlin talking with Booth? A. I cannot. Q. Was any one else in company with him at those times? A. No, sir; there was not. Q. You did not overhear what their conversation was? A. Not between these two parties: I was not near enough. Q. Do you think it was in the winter or spring? A. It was in the winter, I think, during the two months I was there. Q. What were the months you fixed? A. Before the inauguration. Q. You were there two months before that time? A. No, sir: I went there, I think, about the 10th of January, and remained there until the 10th or 15th of March. These may not be the exact dates, but it was near that time. Cross-examined by Mr. Ewing: Q. How do you fix the 3d of March as being the day when the prisoner, Dr. Samuel A. Mudd, entered your room? A. From the fact of the inauguration. That is the only thing I have in my mind to fix it by. I did not make any memorandum of it, nor charge my mind particularly with the date. Q. You fix the conversation, of which you overheard a part, on the same day? A. Either on the 2d or 3d of March. Q. Was it before or after you overheard that conversation that the person whom you recognize as Dr. Mudd entered your room? A. It was after, I should think. My impression is that it was on a different day too. Q. But you are certain it was before the inauguration?
Q. And it was the day before? A. I would not swear positively that it was the day before, but it was either the 2d or 3d of March. Q. Would you swear positively that he entered your room either on the 2d or 3d of March? A. I should say that it was on the morning of the 3d of March. I will give you another fact by which I fix that time. Q. Please give all the facts by which you fix the time. A. There was a motion pending in the Supreme Court of the United States, which I was resisting; and on the morning of that day I was preparing my papers to go to the Capitol, and did so about half-past ten o’clock. That was what kept me in my room until that time. Q. You were preparing your papers when the man entered? A. Yes, sir: I was getting them ready to go to court. Q. When did you argue the motion? A. On that day. Mr. Bradley of this city was the opposing counsel. Q. What was the motion? A. A motion to dismiss a certain case from court for want of jurisdiction. Q. What was the case? A. A patent case. Q. The names of the parties? A. John Stainthrop and Stephen C. Quinn against Willis Hollister,—a case originating in the Northern District of New York. An appeal had been taken to the Supreme Court here; and the motion was to test whether the appeal should stand and the case go to argument in this court, or be sent back. Q. You are certain the motion was argued on the day that the person entered your room? A. Yes, sir: I have no question about it. Q. How was he dressed? A. That I cannot say. Q. Describe any article of his clothing. [201] A. His garments were black. He had on a black coat, and his hat was in his hand. Q. What sort of hat? A. I do not know that I can give any name to it. Q. What it a high-crowned hat? A. They have so many names for hats, that I cannot give the name. Q. Was it a hat like that? [pointing to a silk hat upon the table.] A. Something like that, but not so tall. Q. Can you describe any other article of his clothing? A. No, sir: it was a hasty coming-in, and a hasty going-out. Q. Do you recognize him with as much certainty in your mind as you recognize the others? A. In my mind, I have no doubt as to either of the others. Q. Do you recognize him with as much certainty as you do either of the others? A. I think so. Q. Were you in Washington from the 10th of January to the middle of March? A. I think I was. I may not have been on those precise dates, but somewhere near that time. I came here, I think, about the 10th of January. Q. And staid constantly until the middle of March? A. Yes, sir: I did not suppose I should be a witness here, and did not examine the book at the hotel to see the precise date at which I did come. Q. What room did you occupy? A. I occupied room No. 77 at that time. I had before that occupied No. 126, I think. Q. Did you stay constantly at the National Hotel? A. I did: I always stop there when I am here; have done so for years. Q. Do you recognize either of the other prisoners at the bar? A. I do not: I do not know that I ever saw any of them before now.
A. I cannot. Q. You do not remember the day on which either occurred? A. I do not: I thought nothing of the conversation at that time. Q. Were they made at different times? A. It was at the same sitting between the parties. Q. Whereabouts was it in the National Hotel? A. In the rotunda, or office part of the hotel. Q. Do you remember the time of day? A. It was in the evening. Q. What time in the evening? A. Early in the evening. Q. You do not remember the time in the evening? A. No, sir. Q. How did you happen to overhear them? A. I sat on the seat near by where they sat. Q. Had you been talking to Booth at all? A. No, sir; but in hotels we sometimes overhear conversations between parties, when there are so many together, even when we are talking with others ourselves. Q. Did they talk in a loud tone of voice? A. An ordinary tone: they did not seem to be talking very loud. Q. How near were you? A. Perhaps two or three feet from them. Q. Was the prisoner Atzerodt dressed at that time as he is now? A. I should think not. Q. How was he dressed? A. I did not take particular notice. Q. You do not remember that? A. No, sir: my mind was not fastened on that circumstance as being connected with any important matter. I passed it as I do a thousand others. Q. You do not recognize him, then, by his dress?
Q. His face is the same as you saw it that day? A. It gives the same appearance. I do not know that he had as much of a scowl on his face then as he has now: I do not think he had. Q. Is he as fleshy now as he was then? A. I do not know; I cannot state that: I did not take his dimensions as to avoirdupois weight. Q. You do not remember that exactly? A. I do not. Q. Have you seen Atzerodt between that time and to-day? A. I have not. Q. Was it in the earlier part of March, or the latter part of March? A. It was before the 4th of March; the 2d or 3d, I think; I believe, on the evening of the 2d. Q. It is, then, about two months since you saw him? A. Yes, sir; about that. Q. Have you repeated that conversation to anybody since then, before to-day? A. I have spoken to Mr. King, I think, once in regard to it, before to-day. Q. When did you speak to him about it? A. I cannot tell you the day. It has been within a week; since I have been here this time. Q. Are you in the habit of remembering a conversation that you overheard casually for two months? A. I remember some things for a long time. Q. Are you in the habit of remembering faces that you see in hotels casually for two months? A. There are a good many faces that I remember for a long time. Q. Have you remembered that conversation so distinctly as to be able to swear to it? A. I would not swear to the precise language.
A. I have stated that that was the substance of the language. Q. Are you a lawyer? A. I am.
Q. Have you read the testimony in this case? A. I have not. Some of it I have read. I have not read it as a general thing. I think there are two or three examinations of different witnesses that I have read. By Mr. Cox: Q. When you speak of a conversation between Booth and O’Laughlin, were they in the public hall? A. Yes, sir; but I heard no conversation between those persons. Q. Were they in the presence of other people? A. There were other people in the hall on both occasions. Q. They had not retired apart from the crowd frequenting the hotel? A. No, sir. By Assistant Judge Advocate Burnett: Q. When you recognized these persons to-day, did you know the names of any of the parties? A. I did not. By Mr. Ewing: Q. Had the person whom you recognize as the prisoner, Dr. Mudd, an overcoat on? A. I think not. Q. Was the hat in his hand a stiff black hat? A. A hat something like that [pointing to a black silk hat on the table]; but I think not so high as that,—that kind of a hat, I should judge, from the general idea I had of the hat. I could not swear to the exact hat: I would not pretend to do any such thing. I did not examine his hat for any purpose, nor his clothing for the purpose of identification. Q. It was a high-crowned, stiff, black hat? A. A hat something like that. I cannot give you an exact description of his hat. [205] Q. Was it a high-crowned hat? A. What I call a high-crowned hat. Q. Was it a stiff hat? A. I do not know. Q. Was it a soft slouch hat? A. No: it was not what is called a soft slouch hat. Q. Was it not a hat commonly called a stove-pipe hat? A. I do not know that. I do not know so much about the hat as I do about the countenance. Q. You know it was a black hat? A. I would not undertake to swear that either. Q. Can you describe any one article of his clothing? A. I cannot particularly. Q. Can you describe the color of any article of his clothing? A. I should say he had on dark clothing: I cannot state the exact color, whether deep-brown, deep-blue, or dark-black or light-black. Q. Can you describe the color of his hat? A. I cannot. Q. You cannot say whether it was white or black? A. I did not make any examination so as to go into things so particularly. Q. Do you know whether it was white or black? A. A black hat. By Assistant Judge Advocate Burnett: Q. [Submitting to the witness the photograph of John H. Surratt.] Did you ever see that person? A. No, sir. By the Court: Q. What is the character of your eyesight? A. I am somewhat near-sighted. Q. Do you wear glasses all the time? A. Yes: I have for sixteen or eighteen years. My glasses are not very strong. Q. Have you perfect confidence in recognizing people’s countenances?
Q. Do you frequently make mistakes in recognizing persons? A. I sometimes do at a distance. I may see a person coming at a distance, and I may think from his general appearance it is such a person, and, on nearer approach, find that I am mistaken.
A. They were within the range of my glasses. Q. Within that range you can see well? A. Yes, sir; perfectly. By the Court: Q. What is the impression that the man who entered your room so suddenly made upon you, that led you to follow him? A. It was his hasty exit, and the hasty apology, and the hasty departure. Q. Did he seem embarrassed when he entered the room, or say that he was mistaken in the room? A. He seemed somewhat excited or something in a hurry rather, and said he had made a mistake in the room. He apologized in that way. Q. Did he distinctly ask for Booth, or if that was Booth’s room? A. Yes.
Q. Had you occupied that room for any time previous to that day? A. I had been changed from No. 120 into that room. I cannot tell you the exact date of that change. Q. You cannot say whether it was ten days before that your room was changed? A. I should think it was a full ten days. Q. Do you remember seeing in that room any Congressional documents? A. I do not think there were any in 77. I occupied 77; what [207] is known as 77½. The room adjoining 77½, I think, was occupied by some person connected with Congress. Q. Were there any Congressional documents there that were accessible to that room? A. I think not to 77.
A. I live in the Fourth Election District of Charles County, Md. Q. State whether or not you were in Bryantown on the day after the assassination of the President. A. I was, on the afternoon of that day. Q. What time did you go to the town? A. I was there from about three o’clock that afternoon, I think. Q. How long did you stay? A. I staid till dusk; till night. Q. State what you heard there about the assassination of the President. A. Before I got there, I met a gentleman on the road who made the statement; but he professed not to believe it; and neither did I till I got near there, when I met some soldiers who were stationed on the road two or three hundred yards from the village, and I made inquiry of them, and they stated that such was the fact. I made inquiry of them whether it was ascertained who was the perpetrator, the assassin; and they said that it was somebody that belonged to the theatre. Q. Did they give you the name? A. No, sir: they spoke as if they did not know. Neither did I hear, though I conversed with several. There was a great deal of confusion, though, in reference to it. Nobody could give me the information, until, a few minutes before I left, I received the information from Dr. George Mudd, who said it was Booth. [208] Q. State whether or not you made any inquiries before you saw Dr. George Mudd, during the time you were in Bryantown, as to who the man was that had killed the President. A. I did. I made inquiries of several persons; and all gave the same answer, that it was some person who belonged to the theatre, but without a specification of names. I did not hear the name until I received it from Dr. George Mudd. Q. Did you ask those persons what the name of the man was? A. I did; I asked several. Q. Citizens, or soldiers? A. Both, and particularly the soldiers I first met,—those who were on guard. Q. Were you about Bean’s store during the time you were there? A. I was not. I passed it. I was not in the store. Q. Are you acquainted with Daniel J. Thomas, who has been a witness for the prosecution? A. Yes, sir; I know Mr. Thomas. Q. Do you know his reputation, in the neighborhood in which he lives, for veracity? A. It is very bad. Q. From your knowledge of his reputation for veracity, would you believe him under oath? A. No, sir: I do not think I should, from that together with other circumstances. Cross-examined by Assistant Judge Advocate Burnett: Q. How near do you live to Mr. Thomas? A. Four or five miles. Q. How intimately have you known him in the last four years? A. I have known him from his boyhood. Q. How frequently have you seen him? A. Very frequently. Q. State to the Court what your own attitude towards the Government during this Rebellion has been. A. It is my belief that I have been a true loyal citizen. Q. That is the fact?
Q. Have you said any thing against the Government? given any counsel or assistance to the rebels? A. No, sir: there are some of the acts of the Administration I may have spoken not so pleasantly of, but nothing else. Q. Have you said any thing against any efforts of the Government in seeking to put down this Rebellion? A. I do not think I have. Q. Have you maintained the attitude of a friend of the Government, or a friend to the South, during this struggle? A. Early after the commencement, I voluntarily took the oath of allegiance and fealty to the Government; and I have strictly adhered to that oath; have neither turned to the right or the left since that time. Q. What has been your counsel, your words of comfort, to the rebels or to the Government? A. I do not think I interfered with either. Q. Have you talked against the Government? A. No. I may have talked against some of the acts of the Administration. Q. What acts? A. Arbitrary arrests. I do not know of any thing else. Q. Arbitrary arrests of rebels? A. No, sir; of citizens. Q. Were not those citizens that were arrested rebels? A. They professed to be loyal citizens. Q. Whom did you take the part of? A. I do not recollect now; but there were several of our county men. Q. What other acts of the Administration did you condemn and talk against? A. I do not know now that there were any. Q. You say you have never committed any overt act? A. None that I am aware of. If I did, I did it unwittingly. Q. Do you know a man by the name of Boyle? A. I do.
A. I have seen him once, I believe; or perhaps a second time. Q. Did you, or did you not, harbor and feed him at your house after that murder? A. Never. He was never on my premises after that. He came to my house the morning after our general election, with some ten or a dozen or fifteen; I do not know how many. I live not far from the road, and many call after the election. After the general election, on their route homeward, a party called; and he was among them. I did not know him at that time. They staid but a short time. When I heard his name, I had a reason not to want him there, and I was not so particular in my treatment towards those with him; and they left after an hour or two. Q. Was that before or after the murder? A. That was after the general election last fall. Q. Have you ever seen him since the murder? A. No, sir; not since the murder. I saw him once on the road, about the time he was charged with taking a horse from a soldier. Q. Have you seen him since the murder? A. I have not. Q. Not at all? A. Not at all. By Mr. Ewing: Q. In your statement as to the reputation of Thomas for veracity, do you refer to his reputation before the war as well as since the war? A. All the time. Q. Ever since his youth? A. Yes, sir. It appears to me he is this kind of a man, that he will imagine things, and then bring himself to believe they are facts, and then assert them, and stand to them to the last that they are facts and swear to them. By Assistant Judge Advocate Burnett: Q. You do not mean to say that Mr. Thomas would say what he did not believe to be true? Yüklə 2,75 Mb. Dostları ilə paylaş:
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