Conspiracy trial for the murder of the president
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[282] Q. I meant to ask whether you had heard doubts as to the veracity of Smoot and Roby. A. I do not know Smoot. Q. Did you or did you not receive, first of all, from Mr. Jenkins, certain information submitted by you to the War Department, which led to the final capture of Booth, the assassin of the President? A. I received in the early stage of affairs some information from Mr. Jenkins that I forwarded to Judge Turner, who is the Judge Advocate of the prison. Q. Do you not consider that a loyal act? A. I was satisfied he would give it to me if he had it in his possession, when I started off. I called on him, and he did give it to me. Q. Do you not Mr. Jenkins to be a consistent Union man, a loyal man? A. I do. I do not believe he is friendly to the Administration. He is very bitter on the Administration on account of his negroes. Outside of that, I believe him to be a loyal man. I know he has always been so considered by those who have meddled with politics in this section of the country: he has been counted one of the most reliable men in that county. Q. Have you ever heard him speak in very strong terms against the Government of the United States? I do not mean the Administration? A. I never heard him utter a sentiment against it. Q. You never heard him say that he desired the South to succeed? A. Never. I have heard him express himself rather positively the other way; but I have heard him very bitter on the Administration. It is only lately that he has been bitter on the Administration. Q. Is Mr. Jenkins now under arrest at the Old Capitol? A. He is committed to the Old Capitol as a prisoner there: I do not know what for. Cross-examined by the Judge Advocate: Q. Do you profess to have had as intimate an acquaintance with [283] the conduct and conversation of Mr. Jenkins as his near neighbors who have deposed in this case during the past few days? A. No, sir; I do not. Q. You state, that at present, and for some time past, he has been bitterly hostile to the Government? A. Yes, sir. Q. Do you understand that hostility to constitute disloyalty, being opposition in the interest of the public enemy? A. I never regarded Mr. Jenkins in that light. I have always accounted him rather influential at election times, and have always solicited his aid to assist the Government. Q. Do you not regard such bitter hostility to the Government in a civil war like this, as in the interest of the public enemy, and therefore disloyal? A. Lately I have not considered him sound on the subject, and have had very little do with him, except on account of former friendship in past times. I thought then he was as loyal as any man in the county, and regarded him as such, and treated him as a friend; but at the last election he voted for Harris, and was in with these other parties; and I did not like that state of affairs, and hence had not that political confidence in him that I had previously. Frank Washington recalled for the accused, Samuel A. Mudd. By Mr. Ewing: Q. State to the Court again how long you have been living at Dr. Mudd’s house. A. A little better than twelve months. Q. State whether you know where Dr. Mudd was on the 1st day of March last. A. He was about the tobacco-bed. Q. How do you fix that day the 1st of March? A. It was Ash Wednesday. Q. Were you at work on the tobacco-bed with him? A. Yes, sir. Q. During how much of the day?
Q. Where was he the next day, the 2d of March, Thursday? A. He was at home in the barn stripping tobacco. Q. Were you with him through the day? A. Yes, sir; till twelve o’clock, when he went over to his father’s to dinner. Q. Was it on Thursday that he went to his father’s to dinner? A. No, sir: it was on Friday. Q. But I am talking about Thursday now. Whereabouts was he on Thursday? A. On Thursday he was about the tobacco-bed. Q. Were you with him during the forenoon? A. Yes, sir. Q. During the afternoon? A. Yes, sir. Q. State what you saw of him on Friday, and where he went. A. He went over to his father’s on Friday, about twelve o’clock, from the barn. Q. Where was he up to twelve o’clock on Friday? A. He was down about the tobacco-bed in the morning; and it commenced raining, and he went from the tobacco-bed to the barn. Q. Did you see any thing of him on the next day, Saturday? A. Yes. Q. Where was he on Saturday? A. He was at home. It was raining pretty hard in the morning on Saturday, and he kept house all day. Late in the evening, he rode up to the post-office at Beantown. Q. Do you recollect whether he was over to his father’s on Saturday? A. No, sir; I do not. Q. You do not recollect whether he was or not? A. No, sir. Q. Where was he on Sunday, the 5th of March? A. He went to church. Q. Did you see him on Ash Wednesday night at home? A. Yes, sir.
A. Yes, sir. Q. On Friday night? A. Yes, sir. Q. On Saturday night? A. Yes, sir. Q. Where was he on the day before Ash Wednesday,—the last day of February? A. He was at home that Tuesday. Cross-examined by Assistant Judge Advocate Bingham: Q. Did you see him on Thursday morning after Ash Wednesday? A. Yes, sir. Q. How early in the morning did you see him? A. I saw him, perhaps, about the time the sun was out. Q. Did you get up and out before he came out? A. Yes, sir. I always get up before him. Q. And you saw him when he came out? A. Yes, sir. Q. When did you see him next after he came out? A. I saw him all that day. I was working with him. Q. Where did you get your breakfast? A. In the kitchen. Q. Did he eat his breakfast in the kitchen? A. No: in the house. Q. Did he eat his in the house that morning before you ate yours? A. Yes.
Q. Where did he eat his dinner on that day, Thursday? A. At home. Q. Did you eat yours there too? A. Yes, sir. Q. On that day, Thursday, where did he eat his supper? A. At home. [286] Q. And you ate yours there too? A. Yes, sir. Q. And you were with him all day pretty much? A. Yes, sir. Q. Where did he eat his breakfast on Friday morning, the second morning after Ash Wednesday? A. There, in the house. John Acton, a witness for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. How far do you live from Dr. Samuel Mudd’s? A. About a mile, I reckon; or perhaps a mile and a quarter. Q. Is it on the road from Dr. Mudd’s to Bryantown? A. Yes, sir. Q. State whether you saw any thing of Dr. Mudd going toward Bryantown on the day after the President was killed. A. Yes, sir. Q. What sort of a horse was he riding? A. A gray horse. Q. Was there a man along with him? A. Not when I first saw him: there was a man overtaking him. Q. Did you see any thing of that man afterwards? A. Yes, sir: I saw the man come back after a while. Q. After how long? A. It might have three-quarters of an hour, or thereabouts. Q. How far is it from your house to Bryantown? A. Three miles, I think. Q. How near the road were you when you saw this man returning? A. About fifty yards, I reckon. Q. How long did you remain there after the man passed, going back towards Dr. Mudd’s? A. About an hour, I reckon,—perhaps longer, perhaps less; but very near an hour, I’m sure. [287] Q. Did Dr. Mudd pass that road going back towards his house while you were there? A. No, sir. Q. If he had passed along the road, you would have seen him? A. Yes, sir: I could not help seeing him. Cross-examined by Assistant Judge Advocate Bingham: Q. Did the man who followed Dr. Mudd overtake him? A. Yes, sir: he overtook him. Q. Did you see them when they met? A. I saw them when they were a little way apart, and the next thing I saw him get up to him. Q. When they got together, did you notice whether they were conversing? A. I did not hear any conversation. Q. Do you know that man personally? A. No, sir. Q. Do you see him there in the dock, the first one next the door [pointing to David E. Herold, one of the accused.] A. I cannot swear it. Q. Does that look like the man, in your opinion? A. It looks more like him than any of the others. Q. State whether, in your opinion, that is the man. A. I cannot say. Q. Cannot you form an opinion? A. I did not particularly notice the man. I noticed the horse more than the man. Q. State whether, in your opinion, this looks like the man. A. It looks very much like him. Q. What sort of a horse did he ride? A. A bay horse. Q. A bay mare? A. I do not know. Q. What time of day was it? A. Three or four o’clock in the afternoon, I reckon. Q. And this man was following Mudd towards Bryantown? A. On his return, it was about that time, I think. [288] Q. When he was following him? A. I did not reckon exactly the time: it was a cloudy day, and I had no timepiece with me; but it was in the evening. Q. It was some two hours, after he overtook him, before you saw them coming back? A. No, sir. Q. How long was it, after he overtook him, that they came back together? A. They did not come back together. Q. You saw this man come back? A. Yes, sir. Q. How long after he overtook him was it that you saw him come back? A. Not more than an hour at the latest. Q. Did he come from towards Mudd’s house when he followed him? A. Yes, sir; from the road leading down that way. Q. How near was he to Mudd’s house when you first saw him following him? A. Very near my house, as I stated; about a mile and quarter from Mudd’s house. Q. Did you see him ride back towards Mudd’s house? A. I did not see Dr. Mudd any more that evening. Q. But this man who followed? A. I did not see him pass my house: he was going up the same road he came down. Q. When he came back alone, he was going up the road he had come down on? A. Yes, sir. Q. How far was that from Bryantown? A. About three miles, I judge. Mason L. McPherson, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing. [289] Q. Where do you live? A. I live within about three-quarters of a mile of Bryantown. Q. Were you in Bryantown on the day after the assassination of the President? A. I was. Q. What time in the afternoon did you go there? A. About two o’clock. Q. How long did you stay? A. All the evening, till some time after sunset. Q. Till about what hour? A. I reckon seven or eight o’clock. Q. State what you heard there as to the assassination of the President. A. I never heard who had assassinated the President of the United States. Q. What did you hear about it? A. I heard that Boyle had assassinated the Secretary of State. Q. What Boyle? A. John Boyle? Q. Was he a guerilla in that neighborhood? A. He had passed through there several times. I am not acquainted with Boyle. Q. He had previously killed Captain Watkins there? A. Yes, sir. Q. Did you hear any thing said that afternoon as to who had assassinated the President? A. I did not. Q. Did you make any inquiries? A. Yes, sir: I made inquiry among some of the soldiers. They did not know who had assassinated the President. I heard on Sunday who the supposed party was. Q. Did you make any inquiries to find out who had assassinated the President? A. I asked right smart of several persons. Q. Did you inquire of citizens as well as soldiers? A. Yes, sir. Q. Were you in Bean’s store that day?
Q. Did you hear the talk there in the store on the subject? A. Yes, sir. Q. And you say it was not mentioned who it was that had killed the President? A. Not that evening. I did not hear it that evening. Q. Did you see Lieutenant Dana there? A. Yes, sir. Q. Were there many persons in town that day? A. A good many. Q. Did you see Lieutenant Dana on Monday morning? A. I did. Q. Did you see him in conversation with Dr. George Mudd? A. Yes, sir. Q. Where? A. In the hotel at Bryantown. Q. What time in the morning? A. Between eight and nine o’clock, I guess. Q. Are you acquainted with Dr. George Mudd’s reputation in the community as a Union man? A. Yes, sir; very well,—as good Union man as any in the United States. Q. Are you acquainted with Daniel J. Thomas, who was a witness on the stand for the prosecution? A. Yes, sir; I am. Q. Do you know the reputation in which he is held, in the community where he lives, for veracity? A. Not very good. Q. You know his reputation? A. Yes: I know it from general report. Q. And it is not good? A. It is not.
A. Near Bryantown. Q. Were you there on Saturday, the day after the assassination of the President? A. Yes, sir. Q. What time did you go into the town? A. At two o’clock. Q. How long did you stay? A. Till about six. Q. You had a conversation there on the subject of the assassination of the President? A. Yes, sir. Q. Did you hear who the assassin was? A. I did not. Q. Did you make inquiries about it? A. I do not recollect. Q. You heard talk about the town? A. Yes, sir. Q. It was the general topic of conversation, was it not? A. Yes, sir. Q. When did you first hear that it was Booth who had assassinated the President? A. On Monday morning. Q. Did you see Lieutenant Dana on Monday morning? A. I did. Q. Did you see him with Dr. George Mudd? A. I did. Q. Where? A. At the hotel. Q. What time in the morning?
Q. Were they in conversation? A. Yes, sir. Q. Were they to themselves, or in a crowd? A. There were some three or four in the room. Q. Do you know Dr. George Mudd’s reputation in that community as a Union man? A. Yes, sir. Q. What is it? A. As good as any man’s. Q. Are you acquainted with Daniel J. Thomas? A. I am. Q. Do you know the reputation he has, in the community in which lives, for veracity? A. Very bad. Q. You know his reputation? A. I do not myself. Q. Do you know what the people generally think of him as a man of veracity? A. Yes. Q. What do they generally think of him? A. They think that he is not a truth-telling man. Q. Are you acquainted with the prisoner Dr. Samuel A. Mudd? A. I am. Q. Do you know his general character as a man of peace, order, and good citizenship? A. Yes, sir: he is considered among his neighbors a very good man, a peaceable man, a good citizen.
A. I do not recollect whether I have or not. Q. You do not understand, then, that his reputation has any reference to any oath he has taken, or would take, in a court of justice?
Q. It applies simply to his idle and extravagant habit of talking: is that what you mean by it? A. Yes, sir: I have heard him spoken of as rather a bad man; that is, he would not be apt to speak the truth. Q. Do I understand you to say, under the oath you have taken, and with the knowledge which you have of Mr. Thomas and of his life and character, that you would not believe him when speaking under oath before a court? A. I cannot say that.
A. I do not think I have. John T. Langley, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. Where do you live? A. Within about a quarter of a mile of Bryantown. Q. Were you in Bryantown on Saturday, the 15th of April, the day after the assassination of the President? A. I was. Q. What time did you go there? A. I think I was there between twelve and one o’clock. Q. What time did you leave? A. I left two or three times during the evening, and returned again. It was sundown when I last left. Q. Did you hear conversation there on the subject of the assassination of the President? A. No, sir; I did not. Q. Did you hear that the President was assassinated? A. Yes, sir. Q. Did you hear who had assassinated him? A. No, sir. [294] Q. When did you first learn who had assassinated him? A. Not until Monday morning. Q. Was the town pretty full of citizens and soldiers? A. Not a great many citizens, and not a great many soldiers, either. Q. Was there much talk about the assassination? A. Not much. Some of the citizens coming in heard that soldiers were there, and that martial law was to be proclaimed, and returned to their homes again. That was so with a good many of them. Those that were there remained pretty much until about night. Q. Was not the subject of the assassination a matter of general conversation among the people, the citizens, and the soldiers? A. Yes, sir. The first I heard of any thing about the President being assassinated was through the soldiers. Q. Did you make inquiries as to who had assassinated the President? A. Yes, sir; and they said they did not know. Q. Did you hear any thing of any one, who was supposed to have assassinated the President, being tracked to near Bryantown? A. No, sir. Cross-examined by Assistant Judge Advocate Bingham: Q. You heard that the soldiers were in pursuit of the President’s assassin? A. Yes, sir. Peter Trotter, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. State where you live. A. In the village of Bryantown. Q. Were you there on Sunday, the day after the President was killed? A. Yes, sir. Q. Did you hear on that day who it was that killed him? A. No, sir; I did not. [295] Q. When did you first hear who it was that killed him? A. On Sunday evening. Q. Did you see much of the soldiers on that day? A. Yes, sir; a good many; some twenty-four or twenty-five. They were all around my shop the whole of the afternoon. Q. What is your business there? A. I am a blacksmith. Q. Did you hear the subject of the killing of the President talked of? A. Yes, sir; a good deal. Q. Did you inquire who killed him? A. Yes, sir: I inquired of some soldiers, and they said they did not know, but they mentioned Boyle as being the one that had assassinated the Secretary. Q. Are you acquainted with Daniel J. Thomas? A. Yes, sir. Q. How long have you known him? A. For some eight years. Q. Do you know what his general reputation is, in the community where he lives, for veracity? A. Yes, sir: it is not very good. Q. From your knowledge of his general reputation for veracity, would you believe him under oath? A. In some cases I would, in others I would not: it would depend upon what it would be about. I do not think I would believe him on his oath myself, and but very few in our community would. Cross-examined by the Judge Advocate: Q. Have you been loyal to the Government during the Rebellion? A. Yes, sir. Q. You have never had any sympathy with the rebels? A. I suppose at the first I may have thought a good deal. Q. Have you constantly desired that the Government should succeed in putting down the Rebellion? A. Yes, sir; latterly I have. Q. For how long?
Q. Before that time, you preferred that the Rebellion should succeed? A. Not much; no, sir. Q. Not very decidedly? A. No, sir. Q. The neighborhood in which you live [was] pretty much of the same way of thinking was it not? A. Yes, sir; generally. Q. Mr. Thomas in that neighborhood is very unpopular, is he not? A. Yes, sir; he is. Q. He has been very outspoken, and rather noisy in his loyalty, has he not? A. I never heard him speak much about his loyalty in any shape or form. Q. Do you not know that he is regarded as a very extreme Unionist, and offensively so? A. Well, sir, I have seen him both ways sometimes. Q. When did you see him the other way? A. Often when he has been at Bryantown. I have seen him at Bryantown, when we would hear tell of some great feat that was done, sometimes think one way, and sometimes another. Q. You have never heard him speak in favor of the Rebellion? A. No; I never did. Q. You have never at any time, even before the eighteen months of which you speak, or since, known Mr. Thomas to be unfriendly at all to the Government, or have any sympathies with the Rebellion? A. No, sir; I have not. Q. You admit that you yourself, before the past eighteen months, were unfriendly to the Government? A. I thought a good deal; but as far as doing, or any thing like that, I never did: I have never spoken even much about it. Q. Would you not think a great deal better of Mr. Thomas if he had been thinking the same way that you had all this time? A. Well, I do not know.
A. No, sir; I have not. Q. Have you not refused to take it? A. No, sir: I called on the captain, and he had no blanks. Q. How long has that been? A. About three weeks ago. Q. You never felt until three weeks ago that you were willing to take the oath? A. I had taken the oath of Baltimore to get my goods out there, three years ago. Q. In order to get your goods out? A. Yes, sir: that was all that was required. Q. That is the time you felt your sympathies with the Rebellion? That is more than eighteen months ago? A. Yes, sir. Q. Have you been engaged in blockade-running at all? A. Never. Q. You have never been crossing our military lines without permits? A. Never. Q. You say whether you would believe Mr. Thomas or not, under oath, would depend entirely on what he said? A. Yes; in some cases it would. Q. Would you believe him, probably, if he was speaking in a court of justice, under oath, against the rebels in any way? A. I would believe him if I knew he was telling the truth. Q. But suppose you did not know that, and had to rely upon him, and he was speaking against the rebels, do you think you could bring yourself up to the point of believing him? A. Well, I do not know that. By the Court: Q. Are you a native of this country? A. I am a Scotchman,—a British subject: I have used the right of a citizen. Q. Have you ever been naturalized? A. No, sir. Yüklə 2,75 Mb. Dostları ilə paylaş:
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