Conspiracy trial for the murder of the president



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[312]
gave any information for the arrest of Dr. Sam. Mudd; never told such a thing.

Q. Did you not then say to Eli J. Watson that you wished from him a certificate that you were the person who gave the information which led to Dr. Samuel Mudd’s arrest?

A. Never in my life. I never asked such a thing from anybody.

Q. Did you not then say to him that you were entitled to a reward of $25,000, because of having given the information which led to Dr. Samuel Mudd’s arrest?

A. Never in my life.

Q. Did you not say to him, that if you could get such certificates as that I have referred to, as to your having been the person who gave the information which led to Dr. Mudd’s arrest, you would then be entitled to the reward of $25,000?

A. No, sir; I never did: I never told anybody that I ever had Dr. Sam. Mudd arrested; and I never had. I never had Dr. Sam. Mudd arrested. He was arrested before I knew it.

Q. When did these people tell you that you would be entitled to this reward if you were the person who gave the information?

A. It was on Wednesday, I think. I do not know exactly. I think it was Wednesday, the time I was up here. I can bring the man here.

Q. Was it before you testified?

A. No: I had testified long before.

Q. Did anybody tell you you would be entitled to a reward, before you testified?

A. No, sir; never in the world.

Q. Nobody told you?

A. Nobody. I never thought of such a thing. I looked upon his saying it as joking at the time, because I told him I might apply to him afterwards. I never expect such a thing; I do not look for such a thing; and, more than that, I would not have a reward.

Q. You deny that you asked any of those persons for a certificate that you were the first person who gave the information which led to Dr. Mudd’s arrest?

A. I do solemnly deny it. What!—say that I led to Dr. Mudd’s arrest! It is a thing I never did.
[313]
Q. But you say you applied to them for certificates that you had told them, of this conversation before?

A. That the conversation passed before the assassination. When I was on the stand before, Mr. Stone wanted to know if I ever mentioned it to any one before the assassination. When these men said that I had mentioned it to them before the assassination, I then asked them if they would sign that paper to the Court that I mentioned it before. That was my view in doing it.

Q. That is the only paper you asked from those gentlemen on the occasion I have referred to?

A. The only one.


By the Court:
Q. Did you know that there was any reward offered for the arrest of Dr. Mudd?

A. I did not: I never heard of such a thing. There never was such a thing as a reward offered for Dr. Mudd.

The Witness proceeded to say, I wish to say to the Court that I was really mistaken about the time I mentioned it to my brother. It seemed to me to be Easter Sunday; but I investigated the matter, and Colonel Burnett asked me to take down a summons for him; and after opening it, and counting up the time, it seemed to him as if it was Easter Sunday that I talked to him about it and mentioned the conversation to him.
By Mr. Ewing:
Q. How do you know it was Easter Sunday?

A. From the time he counted it up, it must have been Easter Sunday. Then I remembered afterwards that I was down there on a Tuesday; and he said to me that I mentioned it to him at the same time. I said, “No, brother: I could not have mentioned it at the same time.” I told him I could not have mentioned it to him at the same time if I had told him on Easter Sunday; and I calculate I mentioned the boot to him on Saturday after that. The Saturday afterwards I was down to his house; and I mentioned the boot to him at that time, I know. It might have been a week after Easter Sunday. I was down there then, I know; and he might have understood me as mentioning it at that time.


[314]
Q. You were at his house on Easter Sunday?

A. Yes, sir; and the Sunday after too: but he says he thought it was Easter Sunday.

Q. Do you swear you were at his house on Easter Sunday?

A. I would not swear to any such thing. I would not positively. I know I was there two Sundays in succession.

Q. Would you swear that you were at his house on the Sunday after the President was assassinated?

A. He said that was his recollection.

Q. I am asking whether you know that you were.

A. I will not say that I was there the Sunday after the assassination; but he said I was: that was his recollection.

Q. But what is your recollection? Were you at his house the Sunday after the President was assassinated?

A. I told him I did not think I was. He said he thought I was.

Q. You do not think you were?

A. I do not think I was there that Sunday. He differed with me.

Q. I am not asking what he said: I want to know what your impression is, whether you were there the Sunday after the President was assassinated.

A. I think it was the Sunday following Easter Sunday. That was my opinion about it.

Q. And that was the Sunday on which you had the conversation that has been referred to by him on the stand?

A. Yes, sir: that was a mistake in me before.


James W. Richards,
a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:—
By Mr. Ewing:
Q. State where you live.

A. Near Horse Head, Prince George’s County, Md.

Q. State whether you are acquainted with Daniel J. Thomas.

A. I am.
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Q. State whether you met Daniel J. Thomas in company with John B. Richardson, Benjamin J. Naylor, George Lynch, Lemuel Watson, and William Watson, at the door-yard of William Watson, near Horse Head, on the first day of June, 1865.

A. I did.

Q. Will you state to the Court, what, if any thing, Mr. Thomas stated to you as to what had been the subject of his conversation with those other gentlemen before you came up?

A. He stated that he had called on Mr. William Watson and Mr. Benjamin J. Naylor for a certificate certifying that he was entitled to the reward, or a portion of the reward, that was offered for Booth and his accomplices; and thought, if he could get a certificate from them to that effect, he would be entitled to a portion of the reward, as Dr. Mudd was considered one of Booth’s accomplices; and if Dr. Mudd was convicted, he would be entitled to the reward.

Q. Did he name what reward?

A. $10,000.

Q. Did he state to what fact they were to give the certificate?

A. He stated that the certificate was to certify that he informed them concerning Dr. Mudd’s arrest.

Q. That he informed them of the fact of Dr. Mudd’s having been arrested?

A. Yes, sir; the fact of his having been arrested.

Q. Did he ask for any certificate as to his having given the information which led to the arrest?

A. I do not think he stated that he wanted to get a certificate that he was the cause of Dr. Mudd being arrested; but he only wanted to get a certificate certifying that he was entitled to a portion of the reward.

Q. By reason of what?

A. That he had informed those men concerning Dr. Mudd’s arrest.

Q. Did he say any thing as to what he could do in case he got such a certificate?

A. He said he thought he could get $10,000; that he was entitled to that portion of the reward.


[316]
Q. Did he say any thing upon the question as to whether Dr. Mudd would be convicted?

A. He said, that, if Dr. Mudd was convicted, he was entitled to a portion of the reward: those were the words he used.

Q. Will you state whether or not you know of the reputation of Daniel J. Thomas, in the community in which he lives, for veracity?

A. His character is very bad, as far telling the truth is concerned.

Q. Do you know his general reputation for veracity?

A. To my knowledge, his character is bad.

Q. Do you know what his general reputation is, in the community in which he lives, for veracity?

A. Yes, sir.

Q. You say it is very bad?

A. Yes, sir; very bad.

Q. From your knowledge of his general reputation for veracity, would you believe him under oath?

A. If I believed he had any prejudice about it, or if any money was at stake, I would not believe him.

Q. Do you know what his general reputation for veracity was before the war broke out?

A. I have only known him five years: I knew him one year before the war.

Q. Do you know what his general reputation was during the one year before the war that you knew him?

A. About the same as it is now.


Cross-examined by Assistant Judge Advocate Bingham:
Q. On what day of the week was this conversation that you have been talking about?

A. On the first day of June.

Q. On what day of the week?

A. On Thursday.

Q. Where was it?

A. At Mr. William J. Watson’s.

Q. Who introduced this conversation that you have been detailing?
[317]
A. When I rode up—

Q. Who introduced it? who began it?

A. From the explanation Mr. Thomas made to me—

Q. My question is, Who began this conversation that you are testifying about?

A. Let me explain—

Q. If you cannot answer my question, then explain anything you please; but it is a plain question. Who began the conversation that you have been testifying about?

A. Mr. Lemuel Watson, I think.

Q. To whom was Lemuel Watson speaking.

A. He was speaking in reference to Daniel Thomas.

Q. To whom was he speaking?

A. He was speaking to me.

Q. After he began, who followed?

A. Mr. Daniel Thomas.

Q. What did Lemuel Watson say at that time, when he began it?

The Witness. Do you mean his first words?

[Assistant Judge Advocate Bingham.] Yes; and all his words in the presence of Thomas.

A. When I rode up Lemuel Watson remarked to me, “You are a justice of the peace, and I am glad you have come: I want you to try a case here. Daniel says he is entitled to so much reward, and I want you to say what you think of it.”

Q. Is that all that Watson said then?

A. To my knowledge, I think that is all.

Q. Then what did he say?

A. I do not recollect what I said.

Q. Did you say any thing?

A. Yes, sir.

Q. You do not know what you said?

A. I do not recollect what I said at that time; but I know what I said afterwards.

Q. I mean at that time. You think you can remember what Thomas said better than you can remember what you said yourself, do you?

A. I do not know what reply I made to him.
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Q. Do you think you can remember what Thomas said better than you can remember what you said yourself?

A. I remember what Mr. Thomas said.

Q. But you cannot remember what you said?

A. I remember what the reply of myself and Lemuel Watson was to Mr. Thomas.

Q. But what did you say in reply to what Lemuel Watson said to you? Do you know?

A. No, sir; I do not.

Q. Then if you do not mind what you said, do you mind who next spoke after you?

A. Mr. Thomas.

Q. Now state exactly the words that Thomas used, and all his words.

A. Mr. Thomas stated that he had applied to Mr. Watson and Mr. Naylor for a certificate from them that he had informed them concerning Dr. Mudd’s arrest; and that, if he could get such a certificate, he thought he could get a portion of the reward, or words equivalent. That was about the principal part of the conversation.

Q. You say that it was words equivalent?

A. Yes, sir; or words equivalent.

Q. Now I ask you whether it would not be words equivalent if he had said, “If you give me a certificate that I informed you concerning Dr. Mudd’s arrest, I would be entitled to a part of the reward.” Would not that be words equivalent?

A. I have informed you—

Q. But I ask you the question, if Thomas said, “If you give me a certificate that I informed you concerning Dr. Mudd’s arrest,” would not that be equivalent to what you have just detailed?

A. If Daniel Thomas had asked me—

Q. If he had said simply, “If you gentlemen [meaning these other men, Watson and the others] give me a certificate concerning Dr. Mudd’s arrest,” would that be the equivalent of what you think Thomas actually did say?

A. Yes, sir.

Q. Do you remember that Thomas said any thing more than you have just now stated?
[319]
A. Yes, sir: Mr. Lemuel Watson and myself told him we thought—

Q. I am not asking what you and Lemuel Watson told him you thought: I am asking you now whether you remember that Daniel J. Thomas said any thing more than what you have now just stated, at that time?

A. No, sir: I do not think he said any more.

Q. What did you and Lemuel Watson then say to him?

A. We told him that we thought he was entitled to twenty thousand dollars’ reward, in the way of a joke.

Q. But did you tell it to him in the way of a joke?

A. Yes, sir.

Q. Did you tell him you said it in the way of a joke?

A. Yes, sir.

Q. You told him it was in the way of a joke?

A. We told him afterwards it was in a joking manner.

Q. I do not ask you what you said afterward. Did you use the words to Thomas then, “We think you are entitled to twenty thousand dollars,” and add the further words, “We say this in the way of a joke.”?

A. No, sir.

Q. Did you tell Thomas there yourself that you thought he was entitled to a reward of twenty thousand dollars?

A. Yes, sir; I told him so.

Q. Did Watson tell him?

A. Yes, sir, both Lemuel Watson and myself.

Q. When you and Watson told him that, what did Thomas reply?—any thing?

A. Mr. Thomas replied that he did not want a certificate from me, I believe; or something to that effect.

Q. Did he say he did not want a certificate from Watson?

A. No, sir: I did not hear him say that he not want a certificate from Watson.

Q. What words did Thomas use when he said he not want a certificate? What words further did he use to you at that time?

A. He told me he would not want me to swear to a lie for him to get ten thousand dollars.
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Q. He said that in the hearing of Watson?

A. Yes, sir.

Q. Did he pretend to say to Lemuel Watson that he had ever told him any thing about the arrest of Dr. Mudd?

A. Yes, sir; I think he did.

Q. Did you not swear a little while ago that what you repeated in answer to my question was all he said at that time? Did you not swear that?

A. I stated that—

Q. Did you not swear a little while ago that what you said in answer to my question was all that Daniel J. Thomas said at the time?

A. Yes, sir; but you would not let me explain what I had stated, so that I could bring these words in.

Q. Now, if you want to explain what you swore to then, suppose you explain.

A. I was going to state the conversation that passed.

Q. Go on, and state any thing you want to state.

A. After the conversation in reference to Mr. Thomas asking for those certificates, I remarked to him that I did not think ten thousand dollars was enough; he had better take twenty thousand: and then I was going to tell you what Mr. Thomas said.

Q. Go on, and tell any thing you want to tell.

A. Afterwards he told me that he did not want me to swear falsely for him. I did not state that I would swear for him for twenty thousand dollars; but Lemuel Watson and I told him we thought he was entitled to twenty thousand dollars.

Q. And he said he did not want you to swear falsely for him?

A. It was in the way of a joke.

Q. You need not state what you meant privately. I am asking you what you said. Did you not swear a moment or two ago that you told Thomas he had better take twenty thousand dollars?

A. I think I said, that, if he was entitled to any, he was entitled to twenty thousand dollars.

Q. Did you not swear a little while ago that you told him he had better take twenty thousand dollars?
[321]
A. If I did, I recall it.

Q. Did you not swear a little while ago that you and Lemuel Watson both told he was entitled to twenty thousand dollars?

A. Yes, sir.

Q. How did you come to know he was entitled to any thing?

A. I was just telling him in a joke.

Q. Did you know that he was entitled to any thing?

A. No, sir; I did not.

Q. State to the Court what connection you have had with this Rebellion.

A. I have not had any at with reference to the Rebellion. I have not sympathized with the Rebellion in any way at all.

Q. Where have you been during all this Rebellion?

A. I have been in Charles and Prince George’s Counties, teaching school.

Q. All the time?

A. Yes, sir.
By Mr. Ewing:
Q. State whether you have always been a loyal man.

A. Yes, sir: I have always been a loyal man.

Q. Have you always been a hearty supporter of the Government?

A. Yes, sir: I voted for Mr. Lincoln and Mr. Johnson.

Q. Have you always been a hearty supporter of all the measures of the Government for the suppression of the Rebellion?

A. Yes, sir; I have.

Q. Has Mr. Thomas always been hearty supporter of the Government?

A. In 1861 I met Mr. Thomas in the road on my way from school; and he stated that he was going over to join the Southern army; and that he intended to come back when Beauregard would cross, and hang a man by the name of Thomas B. Smith.

Q. Was he a loyal man in the beginning of the war?

A. No, sir; he was not.


Mr. Ewing, with the consent of the Judge Advocate, offered in evidence a printed copy of the following order:—
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[OFFICIAL.]
War Department, Washington, April 20, 1865.
ONE HUNDRED THOUSAND DOLLARS’ REWARD.
The murderer of our late beloved President, Abraham Lincoln, is still at large. Fifty thousand dollars reward will be paid by this department for his apprehension, in addition to any rewards offered by municipal authorities or State executives. Twenty-five thousand dollars’ reward will be paid for the apprehension of G. A. Atzerodt, sometimes called “Port Tobacco,” one of Booth’s accomplices. Twenty-five thousand dollars’ reward will be paid for the apprehension of David C. Herold, another of Booth’s accomplices. Liberal rewards will be paid for any information that shall conduce to the arrest of either of the above-named criminals, or their accomplices. All persons harboring or screening the said persons, or either of them, or aiding or assisting their concealment or escape, will be treated as accomplices in the murder of the President, and shall be subject to trial before a military commission, and the punishment of death. Let the stain of innocent blood be removed from the land by the arrest and punishment of the murderers!

All good citizens are exhorted to aid public justice on this occasion. Every man should consider his own conscience charged with this solemn duty, and rest neither night nor day until it be accomplished.



Edwin M. Stanton, Secretary of War.
John F. Davis
recalled for the accused, Samuel A. Mudd.
By Mr. Ewing:
Q. State whether or not you were at Dr. Mudd’s house on the Tuesday following the assassination of the President.

A. I was.

Q. State whether you went into the field, and informed him of the fact that Lieutenant Lovett, and a party of soldiers who were with him, had come there to see him.

A. I did.


[323]
Q. Did you state whether they came to arrest him?

A. I did not,—not to my knowledge. I was not near where the soldiers were; not nearer than fifty yards.

Q. State whether or not you came up to the house, and met Dr. George Mudd.

A. I did.

Q. Where did Dr. Samuel Mudd meet Dr. George Mudd?

A. Just at the end of his kitchen.

Q. State what Dr. George Mudd told Dr. Samuel Mudd.
Assistant Judge Advocate Bingham. I object to the question.

Mr. Ewing. May it please the Court, one of those four persons who testified, contradicting the others, it is true, stated that Dr. Samuel Mudd, on that visit, denied that there had been any persons at his house on Saturday morning. We have proved, in a roundabout sort of way, owing to the objections that were made (but still it is proved), that Dr. Samuel Mudd informed Dr. George Mudd, on Sunday, that there were two suspicious persons at his house on Saturday morning, and requested him to communicate the fact to the military authorities, and have him sent for, if necessary, to give further information on the subject. One, or perhaps more, of those persons who went with Lieutenant Lovett, spoke of the fact of Dr. George Mudd having a short conversation with Dr. Samuel Mudd outside the door before Dr. Samuel Mudd saw the officers and detectives. I wish to prove by this witness that Dr. George Mudd’s whole conversation with Dr. Samuel Mudd was, that, in pursuance of the information which Dr. Samuel Mudd had given him on Sunday, and of his request, he had communicated the facts that Dr. Samuel Mudd stated to him to this officer and detectives, and that they had come for the purpose of questioning him upon the subject. The purpose of this evidence is twofold: first, to show that Dr. Samuel Mudd knew that these parties had been acquainted, by Dr. George Mudd, with the circumstance of those two suspicious persons having been at Dr. Samuel Mudd’s house on Saturday morning, for the purpose of showing that he could not, after that, as a rational man, have gone into the room,
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and denied that that there were two persons in the house on Saturday morning; second, to show that the conversation was not one that was in any manner objectionable, but, on the contrary, in strict pursuance of the request of Dr. Samuel Mudd; and that that was all there was of it. It is true, it is conversation with Dr. George Mudd with the accused. I do not wish to prove any thing the accused said: I wish to prove merely what Dr. George Mudd stated to him, to show the information he had as to the purpose of this visit, and as to the knowledge of the visitors with reference to those persons, before he entered the room to have his conversation with them.

Assistant Judge Advocate Bingham. The witness is asked to state what a third person told the prisoner at the bar: and that I object to as utterly incompetent.

The Commission sustained the objection.


Q. [By Mr. Ewing.] Will you state whether or not Dr. Samuel Mudd betrayed any alarm?

A. None that I know of.

Q. Or any unwillingness to go to the house to see the officer?

A. Not a moment. As soon as I hallooed to him, he wanted to know who it was. I answered, and told him who it was, that it was Davis, and he came right out of the pines, coming up there from where the ploughs were, and met me, and came right to the house straight along with me. I told him that there were some soldiers and Dr. George Mudd at the house.

Q. He betrayed no alarm?

A. No, sir; none in the world.

Q. And no unwillingness?

A. Not a moment.


Lemuel L. Orme,
a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:—
By Mr. Ewing,
Q. State whether you are acquainted with Daniel J. Thomas.

A. Yes, sir; I am.


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