Conspiracy trial for the murder of the president
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[183] Q. I understand; I have seen it: but I ask you whether, pressing it down, on the handle it will very easily open. A. No, sir. Q. Did you ever try that? A. No, sir; I never did. Dr. Joseph H. Blanford recalled for the accused, Samuel A. Mudd. By Mr. Ewing: Q. Will you state whether you are acquainted with the country in Prince George’s and Charles Counties? A. Partially so: some parts of the counties I am pretty well acquainted with. Q. The country on the routes from here through Surrattsville to Bryantown, and through Surrattsville to Port Tobacco and Pope’s Creek? A. As far as Bryantown and Port Tobacco, I am acquainted with the roads: I have travelled them several times. Q. Are you acquainted with the locality of Dr. Mudd’s house? A. I am.
Q. [Exhibiting a map to the witness.] Will you examine this map, and state to the Court whether the several localities that I have spoken of, and the roads, are properly marked upon it? A. I think they are, as nearly as can be ascertained from this map; the roads not having been drawn upon it originally. The roads here, as drawn in ink, to the best of my knowledge, are the proper roads; and they would those places in their route. Q. Will you state whether you have examined that map before, and indicated the lines and points marked in ink upon it? A. Yes, sir. Q. Show to the Court, on the map, where Surrattsville, Dr. Mudd’s house, and Pope’s Creek, are.
The Witness. They are already written here. Dr. Mudd’s house, T. B., and other points on the road, are correctly stated. [184] [The map referred to was offered in evidence without objection.] By Mr. Ewing: Q. Will you stated whether you are acquainted with the road from Dr. Mudd’s house to Bryantown? A. Yes, sir: I am acquainted with these roads. Q. State to the Court whether you have this morning prepared a map or plat of portion of the road near the town of Bryantown. A. I did. Q. [Handing a paper to the witness.] See if that is it. A. Yes, sir: that is the plat I prepared this morning. Q. Will you state whether, on this plat, the bridge between John McPherson’s and Bryantown, and the house of John McPherson, and the house of William L. McPherson, and the house of John Murray and Booz and the branch near McPherson’s house, are properly indicated in their relative positions? A. I think they are. Q. Will you state whether the farm-road branching off from the main road, and running through the farm on which Booz, the colored man, lives, is properly indicated with reference to the other road? A. It is, sir. Q. Will you state to the Court how much of the main road is visible from the house of Murray and the house of Booz? A. That road is visible from that house, with a very small exception, from the elm-tree here indicated on the road to Bryantown. There is an exception made in the bend of this road in the swamp, and part of it along beyond the road between that and Bryantown, next to McPherson’s house. That cannot be seen from Booz’s house. Q. Will you state whether that portion of the road between the elm tree and the swamp, as indicated upon that map, is visible from the house of Booz and the house of Murray? A. It is. Q. Will you state the distance from the elm-tree to the swamp? A. It is nearly a half a mile to the swamp. [185] Q. Will you state whether the whole of the road, branching off from the main road, and running by the Murray and Booz houses, is, or is not, visible from those houses? A. All of it; every foot of it. Q. Does the barn that is indicated upon the road obstruct the view of any portion of the main road or the cut-off? A. It obstructs a small portion of the main road just before turning into the farm. Q. How far is it from Murray’s house down to the main road? A. By the farm-road from Murray’s house, it is about a quarter of a mile, I suppose. [The plat above referred to was offered in evidence without objection.] Cross-examined by Assistant Judge Advocate Bingham: Q. When have you made the examination of the road to Bryantown, of which you have testified, and of which you made a plat? A. I have known it for years. Q. When did you make the examination? A. A couple of weeks ago, I suppose, I examined it. Q. With a view to ascertain what? A. I do not know that I had any particular view in ascertaining it further than to ascertain the points upon the road visible, if they were visible from this point. Q. From what point? A. From the houses occupied by Booz and Murray. Q. Any other house? A. No, sir. Q. Any house occupied by some servants there or colored people? A. No: these are the only two houses on the farm that are occupied, I believe. Q. I do not care whether it is on the farm, or adjoining the farm: whose farm do you mean? A. It belongs to Mr. Mudd. Q. And whose houses do you refer to?
Q. Who occupies those houses? A. A man by the name of John Murray, I believe, occupies the dwelling, and Booz occupied one of the outhouses. Q. What is the scale of this plat? A. It was not made with reference to any scale. It is a rough sketch of the road. Q. How far is it from Murray’s house to the bridge? A. About three-quarters of a mile. Q. By coming out from Murray’s house to the fence on the road, can you see the bridge? A. Yes, sir. Q. You can see the bridge? A. Not when you first enter the road coming out from the farm. From that point, I do not think the bridge is visible. Q. But from Murray’s house you can see the bridge? A. Yes, sir. Q. Can you see the bridge from McPherson’s house? A. Yes, sir. Q. Are there any other houses about there that are occupied by anybody? A. Oh, yes! there are adjoining farms in the neighborhood. Q. I mean on that particular line? A. There is one of the McPhersons living opposite, his brother. Q. There are two McPhersons there? A. Yes, sir: one lives to the right of the road going to Bryantown. Q. Can you see the bridge from the house of each of them? A. Both of them. Q. Do you know any colored people by the name of Bloyce there? A. I knew some colored people by that name. Q. Where do they live? A. They live near Bryantown, at Mr. Ward’s, I believe. Q. Do you know how far they could see along that road leading to Bryantown that you have mapped here? A. I hardly think—
A. I have been to the house once. The cluster of trees around the house would obstruct the view of this road, I think. Q. Do you know whether any person can see along the road any distance from there, or not? A. I think not. Q. I ask you what you know, not what you think. Q. I can only speak from the best of my knowledge. I cannot speak positively. Q. You have no knowledge on the subject? A. I have travelled the road from Bryantown to Mr. J. Ward’s house once, and returned once; but I have not noticed the road particularly. I think the road cannot be seen from there, because there is an orchard around the house. By Mr. Ewing: Q. From the bridge, as indicated here, can you see into Bryantown? A. Yes, sir. Q. How far is it from the bridge into town? A. Not more than a quarter of a mile; scarcely that; not over that. Q. Do you look right down the main street? A. Immediately down the road. Q. That is the main street of the town? A. Yes, sir. Q. In going from Bryantown, or from that bridge, to Dr. Mudd’s house, is there any road turning off the main road except this farm cut-off as indicated here? A. No, sir: there is not on that portion of the road, unless it is the one leading into McPherson’s on the hill, a private farmroad. Q. But can you go from the bridge to Dr. Mudd’s house by any road or path, without passing along one or the other of these two roads indicated here? A. No, sir. Q. Going, then, from the bridge to Dr. Mudd’s house, any one
A. Yes, sir. By Assistant Judge Advocate Bingham: Q. There is a path up there through a farm of Dr. Mudd’s, I believe now, that diverges from the Bryantown Road,—a private road, a bridle-way. Who lives on it? A. This man Booz lives on that road. Q. What is his first name. A. George. Q. Is he a colored man? A. Yes, sir. Q. Where does that path diverge from the main road? A. It leaves the public road near the barn indicated on the map, and joins the public road again above the house. Susan Stewart, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. State where you live. A. I live at Mr. John Murray’s. Q. How far from Bryantown? A. I guess, about a mile, or a little more. Q. How near do you live to where George Booz lives? A. A very little distance from his house: it is not a quarter of a mile. Q. You both live on the little cut-off road leading through the farm? A. Yes, sir. Q. State whether you know Dr. Samuel A. Mudd, one of the prisoners here. A. Yes, sir: there is the doctor [pointing to the accused, Samuel A. Mudd.] Q. State whether you saw him the day after the assassination of the President, and where it was.
Q. Whereabouts were you standing when you saw him? A. In the door opposite the main road, the kitchen-door. Q. Could you see the main road from where you were standing? A. I could see the main road; but I did not take notice of the main road. Some one said, “Here is a gentleman coming up the road;” and I went to the door, and said, “It is Dr. Mudd.” Q. How much of the main road can you see from where you were standing? A. I reckon it is about a quarter of a mile altogether, or more. I can see from the swamp clean up to a tree called Big Elm. Q. Did you see anybody on the main road? A. No, sir; I did not. Q. You say Dr. Mudd was about fifty yards out of the main road, in the side road? A. Yes; in the place where Mr. Murray lives. I did not see him when he came out of the main road, though. Q. If there had been anybody in the main road that was riding with Dr. Mudd, and was riding up towards the big elm, would you have noticed him? A. I would have noticed him if I had taken any notice of the main road; but I did not take any notice of the main road. I could have seen very easily if there had been anybody; but I just went to the door, opened it, and looked out. Q. Would you probably have seen him if there had been anybody in the main road, between the big elm and the branch. A. I did not take any notice of the main road at all. Q. Would you probably have seen anybody? A. I should have seen anybody there if I had taken notice of the road. I could have seen plain until they got to the big elm. I know Dr. Mudd. I have seen him very often pass through that way, and I did not take much notice of him.
A. Yes, sir. Q. Did you see George Booz meet Dr. Mudd that day? A. Yes, sir. Q. Was it at that time? A. It was after I had seen him. He had passed our house then. Cross-examined by Assistant Judge Advocate Bingham: Q. This was last Easter Sunday? A. Yes, sir; and, I think, about three or four o’clock in the afternoon. Q. And Dr. Mudd was coming down from towards Bryantown? A. Yes, sir: I saw him opposite the barn. The barn is not more than fifty yards from the main road. Q. He was coming as if he had been up to Bryantown, and was coming back home? A. He was coming up right towards our house. Q. From Bryantown? A. Yes, sir; from that direction. By Mr. Ewing: Q. Did you see from which way he came, whether from Bryantown or the other way? A. No, sir: I did not see him when he was in the main road. Primus Johnson (colored), a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. State whether you know the prisoner, Dr. Samuel A. Mudd. A. I know his name. Q. Look at the man among the prisoners, in the linen coat [pointing to the accused, Samuel A. Mudd], and say whether you know him by sight; whether you have seen him before. A. Yes, sir. Q. State whether you saw him the day after the President was killed, and where it was you saw him.
Q. What time was that? A. I reckon it was about three o’clock; perhaps a little after three. Q. Did you see him when he was going to Bryantown that day? A. Yes, sir. Q. Did you see any man riding along with him when he went towards Bryantown? A. No, sir: he was by himself. Q. Did you see a man riding along the road about the same time? A. There was a man after Master Sam. Q. Dr. Mudd was the first? A. Yes, sir. Q. And the man followed him? A. Yes, sir. Q. On towards Bryantown? A. Yes, sir: he went on that course. Q. Did you see any thing of that man who followed after Dr. Sam. Mudd when he was going on to Bryantown, coming back? A. Yes, sir: the same man that went to Bryantown came back also by himself. Q. Which came back first, he or Dr. Mudd? A. He was before Dr. Sam. Mudd. Q. How long before? A. I reckon it was about an hour and a half. Q. You say he went back from Bryantown about an hour and a half before Dr. Sam. Mudd passed going back? A. Yes, sir, much about that time; because, when he came along, I had just got through washing the carriages, and was going to the stables to get the horses; and I met Dr. Sam. there by Mr. Booz’s. Q. Where is Mr. Booz’s? A. I suppose it is about a couple of miles this side of Bryantown. Q. On the road between Dr. Sam. Mudd’s and Bryantown? A. Yes, sir.
A. At Mr. Adams’s, down next to Woodville. Q. Where did you live last year? A. Down there at the same place. Q. Do you know the prisoner, Dr. Samuel A. Mudd? A. Yes, sir. Q. Were you about his house last year? and, if so, how much? A. I was there Saturday nights and some parts of Saturday and Sunday, except from the 10th of April to the 20th of May. Q. Do you mean that you were there only on Saturdays and Sundays? A. Yes, sir; only on Saturdays and Sundays. Q. For how long a time during the year? A. On the 10th of April, I went to haul seine; and I was at that until the 20th of May; and I was about the house on Saturday and Sunday all the rest of the year. Q. Did you commence going there in the winter? A. Yes, sir; from the twelfth day after Christmas. Q. Are you the husband of one of Dr. Mudd’s servants, who has been a witness here? A. Yes, sir. Q. When did she go to his house to live? A. The twelfth day after Christmas. Q. When did she leave Dr. Mudd’s house? A. She left Dr. Mudd’s house two days before Christmas Day. Q. You mean before last Christmas Day? A. Yes; last Christmas gone. Q. Then you were about his house during that year every Saturday and Sunday, except between the 20th of April and the 20th of May. A. Yes, sir. Q. Were you there every Saturday?
Q. And every Sunday? A. Every Sunday. Q. Were you there all day Sunday? A. Not all day: sometimes I would go to church. Q. Do you know, or have you ever seen, Ben. Gwynn or Andrew Gwynn? A. Yes, sir: I saw them about four years ago,—the first year the war commenced. Q. Where did you see them? A. They passed along by Mr. Dyers’s. Q. Did you see either of them about Dr. Mudd’s house last year? A. No, sir. Q. Did you see or hear any thing of Wat Bowie, John H. Surratt, Captain White of Tennessee, Captain Perry, Lieutenant Perry, or Booth, around there? A. No, sir. Q. Did you ever see or hear of any of them being about Dr. Sam Mudd’s last year? A. No, sir. Q. Were you accustomed to go about the stable when you were there? A. Yes: I used to go around the stable often enough on Sunday morning. Q. Did you know of any rebel soldiers or officers being there? A. No: I never saw any of them there. Q. Did you ever see anybody about there last year dressed in any kind of uniform? A. No, sir. Q. Did you not work at the house of Dr. Mudd’s father during a part of the time last year? A. Yes, sir. Q. How long? A. I worked there about a month, and a little better, I believe. Q. During that time, where did you stay at nights? A. I went home every night.
A. Yes; every night I could get there, when it was not raining too hard. Q. And you never saw or heard of any of these people, or rebel officers or soldiers, being about his house during all that time? A. No, indeed, sir. Q. Do you know Mary Simms? A. Yes, sir. Q. Do you know what the colored folks about there think of her as a truth-teller? A. Well, sir, the home folks there said she was not a truth teller; and they always laughed at her, and said she told such lies that they could not believe her. Q. Do you know what the colored folks there think about Milo Simms? A. They say the same about him; and I thought myself he was a liar, because he used to tell me some sometimes. Q. What was Dr. Sam. Mudd’s character as a master over his servants? A. Well, I call him a first-rate man. I did not see him whip one of them, and I did not hear talk of his whipping any of them. He did not say any thing to them; and they did pretty much as they pleased, as far as I saw. Q. Did you ever hear of his threatening to send any of his servants to Richmond? A. No, indeed: I never heard a word of that either of them. Q. You never heard any one of them say a word about that? A. No: I never heard any of them say a word about it. Cross-examined by Assistant Judge Advocate Bingham: Q. Did you ever hear any thing about his shooting any of his servants? A. I did hear that. Q. Do you think that is first-rate business? A. I do not know about that. [195] Assistant Judge Advocate Burnett stated to the Court, that, since the case was closed on the part of the prosecution, testimony of great importance as affecting some of the accused had been discovered; and he now applied for permission to examine Marcus P. Norton as a witness. Mr. Cox objected to the introduction of any evidence affecting any of the individual prisoners; the understanding having been that the case of the prosecution had been closed, except as to evidence tending to reflect light on the general question of the conspiracy. It was contrary to the practice of the civil courts, after a case had been so closed, to allow the introduction of testimony afterwards tending to prove the offence charged, except when it was strictly rebutting testimony. Assistant Judge Advocate Burnett stated, that according to the custom of military courts, even after the case had been closed on both sides, witnesses might be recalled, or new witnesses examined, at the discretion of the Court. A Member of the Court inquired what was proposed to be proved by the witness now asked to be called. Assistant Judge Advocate Burnett stated that the evidence would tend to implicate George A. Atzerodt, Michael O’Laughlin, and Samuel A. Mudd, as to their connection with Booth. Mr. Ewing stated that he was willing to leave the matter in the discretion of the Court, trusting, however, to have a full opportunity to summon witnesses to meet the evidence now proposed to be introduced. Assistant Jude Advocate Burnett stated that the offer was made at this time so that the accused might have full time and opportunity to meet the evidence about to be offered. The Commission granted the application. Marcus P. Norton, a witness called for the prosecution, being duly sworn, testified as follows:— By Assistant Judge Advocate Burnett: Q. Where do you reside? [196] A. In the city of Troy, N.Y. Q. State where you were during the latter part of the past winter and spring. A. I was in this city, stopping at the National Hotel. Q. During what months? A. From about the 10th of January until about the middle of March, or perhaps the 10th of March. Q. While at the National Hotel, did you become acquainted with J. Wilkes Booth? A. Not personally acquainted: I knew him by sight. I had seen him act several times at the theatre. Q. State to the Court whether, while at that hotel, you saw any of the prisoners at the bar with him at that place, and which ones, pointing them out to the Court. A. There are three that I recognize having seen during that time in company with Wilkes Booth, or rather I should say two in company with him. Q. Specify now the two you saw in company with him. A. That one [pointing to George A. Atzerodt], and that one near him [pointing to Michael O’Laughlin]; those two. Q. You saw those two with him there? A. Yes, sir. Q. At what time? A. I do not remember the exact dates; but it was prior to the inauguration of President Lincoln. Q. How frequently did you see them there with him? A. I should say I saw that person [pointing to George A. Atzerodt] twice with him. I do not know the man’s name. The other man [Michael O’Laughlin] I saw with him more times than twice. Q. Were they in conversation or communication? A. They were. Q. You say you saw O’Laughlin more times than you Atzerodt with Booth. How many times would you think that you saw O’Laughlin and Booth together? A. Perhaps four or five times. Q. State whether you, accidentally or otherwise, overheard any conversation between Booth and either of these parties. Yüklə 2,75 Mb. Dostları ilə paylaş:
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