Conspiracy trial for the murder of the president
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[298] By Mr. Ewing: Q. State if you know what Mr. Thomas’s reputation for veracity was before the war. A. Just about the same as it is now. Q. State whether he was loyal in the early part of the war. A. I think he was just about the same as some of the people there, and thought just as they did. Q. Had he the reputation of being a loyal man in the early part of the war? A. Not in the first part of it. I am sure he was not. By the Court: Q. Did you say you were a British subject? A. No, sir. Q. You have never been naturalized here? A. No, sir. Q. What country do you belong to? A. Scotland. There is where I came from. Q. Have you ever voted in this country? A. Yes, sir. Q. When? on what occasion? A. I have not voted for the last two years. Before that, I voted about three times. Q. On what question? A. The first vote I gave was for President Buchanan. Afterwards I did not vote, except for local officers for the county. Q. Did you vote on the question of the adoption of the new constitution of Maryland? A. I do not think I did. Q. You ought to know. A. I am sure I did not. Q. Why did you not vote then? A. I do not know. Q. Was it because you would not take the oath required? A. No, sir; it was not for that. By Mr. Ewing: Q. Did you come to this country when you were a minor? [299] A. No, sir. Q. How long is it since you came here? A. Twelve years ago last September. Q. Did you come to this country before you were of age? A. No, sir.
A. I am thirty-four years old. Benjamin W. Gardiner, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— By Mr. Ewing: Q. Will you state whether or not you saw the prisoner, Dr. Samuel A. Mudd, at church on the Sunday after the assassination of the President? A. I did. Q. Will you state whether you saw him in conversation with his neighbors about the church before it commenced? A. Yes, sir. Q. What time in the morning was it? A. Our church generally commences about ten o’clock or thereabouts; and it was before the commencement of church. Q. Will you state whether or not he there mentioned any thing about two suspicious persons having been at his house on Saturday morning?
The Commission sustained the objection. Thomas Davis recalled for the accused, Samuel A. Mudd. Q. State how long you have been living at Dr. Mudd’s house. A. I have been living there since the 6th of January. Q. Do you recollect where Dr. Mudd was on the first day of March last? A. Yes, sir: he was at home. He came to my room in the course of the day to see me while I was sick. Q. You were sick?
Q. How are you enabled to fix the day? A. He told me it was the first day of March, Ash Wednesday; and that he could give me no meat on that day: that is all. Q. The beginning of Lent? A. Yes, sir. Q. What time did he come up to your room? A. He came up in the morning, between eight and nine o’clock, and again in the evening. Q. What time in the evening? A. About four o’clock in the evening. Q. Did you see him on the second day of March? A. Yes, sir: he was up to see me again on the second day of March. Q. How often? A. Twice in the course of the day,—in the morning and in the evening. Q. Were both the visits on the second day of March during the daytime? A. Yes, sir. Q. Did you see him on the third day of March? A. Yes, sir; I did. I saw him the morning, and I saw him again about half-past eleven o’clock, and I saw him again between four and five o’clock in the evening. Q. Did you see any thing of him on Saturday, the fourth day of March? A. Yes, sir: he came up as usual to see me. Q. Did you see him on the fifth day of March, Sunday? A. Yes, sir: he was there on Sunday; came up to my room. Q. Did you see him on the last day of February, Tuesday? A. Yes, sir; I did. Q. In the daytime? A. Yes, sir; it was in the daytime. Q. Were these visits on the 1st, 2d, 3d, and 4th of March, that you speak of, all in the daytime? A. Yes, sir.
A. Yes, sir. Cross-examined by Assistant Judge Advocate Bingham: Q. Were you sick and confined to your room more than once in Dr. Mudd’s house last winter? A. No, sir; only once. I was confined to my room for about three weeks. Q. Did you swear to that before in this Court? A. Yes, sir; that I was sick. Q. When was it that you swore before that you were sick? A. This day a week ago. Q. But what time was it that you were sick, as you swore before? A. I was taken sick on the 22d of February, and was sick until about the 15th of March. Q. That is what you swore before? A. Yes, sir. Q. You were confined to the house all that time, you say? A. Yes, sir. By Mr. Ewing: Q. Did you see Dr. Mudd every day from the 22d of February to the 15th of March? A. Yes, sir; I did. He was up to see me every day while I was sick. Q. In the daytime? A. Yes, sir. Q. And generally twice a day? A. Yes, sir; generally twice a day. Q. Once in the forenoon and once in the afternoon of each day? A. Yes, sir. Q. Will you state whether or not Dr. Samuel Mudd has owned a two-horse buggy or rockaway? A. No, sir; he does not. Q. Not during the time you have staid there?
Q. Has he owned any buggy at all? A. No, sir; he has not.
A. He has had his father’s carriage there once. That was on the 17th of April, I believe. Q. You do not know what he might have had while you were lying sick three weeks? A. He has not owned any carriage. Q. You do not know what he might have had there, during the time you were sick three weeks, in the way of a carriage? A. No, sir; I was not out to see what he had. Q. You do not know whether he had or had not? A. I say I do not know what he had while I was sick. By Mr. Ewing: Q. What sort of a carriage is his father’s? A. It is a two-horse carriage. Q. Is it a rockaway? A. Yes, sir. Q. It is single-seated, or double-seated? A. Double-seated. By Assistant Judge Advocate Bingham: Q. A double-seated rockaway? A. Yes, sir. By Mr. Ewing: Q. Is it a light or heavy carriage? A. It is not a very heavy carriage. Q. How many seats are there inside of that carriage? A. There is only one inside, and one outside for the driver to sit on. Q. It is a close or open carriage? A. Close. [304] By Assistant Judge Advocate Bingham: Q. That is to say, it has curtains to it? A. Yes, sir. By Mr. Ewing: Q. Has it a window? A. Yes, sir, it has a window. By Assistant Judge Advocate Bingham: Q. The window is behind? A. Yes, sir. By Mr. Ewing: Q. And on each side? A. I think it has a window on each side: I am not certain. Q. It is a carriage with a door opening on the side? A. Yes, sir: it has a door opening on the side. Q. It is what would be called a close carriage, then? A. Yes, sir. By Assistant Judge Advocate Bingham: Q. You call it a rockaway, I believe? A. Yes, sir. I said “carriage” first. Q. You call it a rockaway? A. Yes, sir. Q. You have heard it called a rockaway? A. No, sir: I never did hear it called a rockaway. Q. How did you come to the conclusion that it was a rockaway, and swear to it? A. I only said so. Mr. Ewing, with the consent of the Judge Advocate, offered, as evidence of the same validity as if the same fact were testified to by Mr. John McCullough, the actor, on the stand, the following telegraphic despatch:— Montreal, June 2, 1865. To John T. Ford, National Hotel. I left Washington on Monday evening, March 26, and have not been there since. You can have my testimony before American consul here, if requisite. John McCullough.
A. I live in Prince George’s County, Md. about a mile from the line of Charles County. Q. Will you state to the Court whether you know of the whereabouts of Dr. Samuel Mudd on the third day of March last? A. Yes, sir. Dr. Samuel Mudd was home at ten o’clock on the third day of last March. My son was living with him. I heard he was sick on the second day of March; and, on the third day of March, I went down to see him. I carried him half a dozen small perch. It was the only time I went to see him during his sickness. Q. How are you enabled to fix it as being the third day of March? A. I went from Washington on the last day of February, went to Calvert County on the 1st of March, came home on the 2d, and went to Dr. Sam. Mudd’s on the 3d. Q. Did you see Dr. Sam. Mudd then? A. I saw Dr. Sam. Mudd about ten o’clock on Friday morning, the third day of March. Q. At his house? A. Yes, sir. Q. Near Bryantown? A. It is within about five miles of Bryantown, I suppose. There being no other witnesses in attendance, the Commission adjourned until to-morrow, (Tuesday) morning at eleven o’clock. ——————— Tuesday, June 6, 1865. The Commission took the following testimony:— D. W. Middleton, a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:— [306] By Mr. Ewing: Q. State whether you are Clerk of the Supreme Court of the United States. A. I am.
Q. State whether Marcus P. Norton argued a motion in the Supreme Court of the United States on the third day of March last. A. He did. Q. State the name of the case: read your entry of it, if you have it. A. There was an entry made at the time:— Supreme Court of the United States. No. 276. Dec. Term, 1864.
continued by Mr. Norton in opposition thereto, and concluded by Mr. Bradley in favor of the motion. Friday, 3d March, 1865. Mr. Ewing applied to the Court for permission to recall Daniel J. Thomas, a witness for the prosecution, for the purpose of further cross-examination; the object being to show that the witness had given his testimony from corrupt motives. The Judge Advocate consenting to the application, the witness was directed to be recalled for farther cross-examination. Daniel J. Thomas, a witness for the prosecution, recalled for further cross-examination. By Mr. Ewing: Q. Were you at William Watson’s door-yard, near Horse Head, on the first day of June,—last Thursday,—with John R. Richardson, Benjamin J. Naylor, George Lynch, Lemuel Watson, and William Watson, when James W. Richards, the magistrate, rode up? [307] A. I was. Q. Did you then state to Mr. Richards that you had been asking those gentlemen, or some of them, for a certificate that you were the first person who gave information which led to the arrest of Samuel A. Mudd, and that you had been saying to them that Dr. Mudd would be convicted, and that, if they would give such certificate, you would be entitled to a reward of $10,000? A. No, sir; I did not. I will tell you what I did state. I stated to Mr. Watson that persons had said, that, if I mentioned the information before the assassination, I was entitled to so much reward; but I said I never expected a cent, and never looked for such a thing; but still, I said, I would be very glad to receive it if it was so. That is what said. Q. Did you not then further say to Mr. Richards that you had been saying what I have read to you to those gentlemen? and did you not ask him, whether, in case they gave you such a certificate as you asked for, you would not be entitled to the reward of $10,000? A. Let me state to the Court just what I said. I wish the Court to understand: let me give my own testimony.
A. I will just tell you exactly the conversation. Q. I want an answer, yes or no, to the question. A. Let me tell the conversation that passed: I want to tell the Court. I told them, that, the last time I was in Washington,—I was up the day before,—some of Baker’s men said to me that I was entitled to so much reward if Dr. Sam. Mudd was convicted. My reply to them was, that I never expected a cent, for I did not think [308] Dr. Sam. Mudd was with Booth at the time, and how could I be entitled to the reward; that I only told the conversation between Dr. Mudd and myself, and therefore I did not expect to look for a cent. But I said, that if such a thing was to come, in case I mentioned it before the assassination of the President, I should be entitled to the reward; that is, if the reward was to come, provided I did give the information, I would be very thankful for it. That is what I said. I never thought of such a thing before Sam. Mudd was arrested, and I never expected such a thing: it never came into my mind. I just mentioned what those fellows said. I knew they said it in a joke, and I meant it in a joke. Q. Did you tell them that you were the person who gave the information which led to Dr. Samuel Mudd’s arrest? A. I never told any one so. Q. Did you tell Mr. Richards that you had been telling them that you were the person who gave the information which led to Dr. Samuel Mudd’s arrest? A. No, sir; I did not. Q. Did you tell Mr. Richards that you had been saying to them that Dr. Mudd would be convicted? A. I told them it was the expression in Washington City that he would go up. I told them that was the expression in Washington City that he would be convicted. Q. Did you tell them, that, if they would give such a certificate as you asked for, you would be entitled to the reward of $10,000? A. Give such a certificate as I asked for! No, sir. Q. Did you ask them for any certificate? A. No. I asked them what they would think about it if I had told persons before; that a person had said, that if I did give information before the assassination, that if I had told anybody before the assassination, I would be entitled to a certain part of the reward, if Dr. Sam. Mudd was convicted: and I asked them what they thought about it; whether they did not think I would be entitled to it. Q. You asked them their opinion as to whether they thought you would be entitled to it? A. Yes, sir.
A. I never did. Q. Did you tell them that you had mentioned the conversation, to which you testified, between you and Dr. Mudd, before the arrest of Dr. Mudd? A. I told them I expressed it to some before and to some since. I did not know I had expressed it to Mr. John B. Moran before; but I met him the other day, and he told me about it. I had forgotten it. He said to me, “You told me about it.” He is in the city now. Q. When did you tell John B. Moran this? A. I do not know: I forget what time it was; but he said to me that it was before the assassination. Q. Did Moran say that it was before the assassination of the President? A. Yes, sir. Moran told me the other day that it was before the assassination of the President. Q. Where did you tell Moran that? A. Inside his own house. Q. Where is his house? A. About four miles or better from my mother’s, I reckon. Q. And you did tell him that before the assassination of the President? A. He said that I had told him before. Q. Do you recollect that you told him before? A. I do not recollect whether it was before or since; but he says it was before the assassination. Q. John B. Moran told you in the city that it was before? A. He did not tell me in the city. He told me the other day. He is in the city now. Q. When did he tell you that? A. The day before yesterday? Q. Where? A. At my mother’s. Q. He told you that you had given him that information before the assassination of the President?
Q. Do you recollect now, as a matter of fact, whether you did give John B. Moran that information before the assassination? A. I do not. Q. Do you recollect whether, as a matter of fact, you did tell John B. Moran of the conversation between you and Dr. Mudd before the assassination? A. I know I mentioned something to him about it: I told him about it; but I did not know whether it was before or since the assassination. He says it was before. Q. But you told John B. Moran about it? A. Yes, sir; and I told other persons the same thing. I spoke of it at his house, and he was present and heard it. He told other persons of it; he told Mr. Gardiner the same thing; and he is in the city now, up to his sister’s. Q. Which Mr. Gardiner did you tell it to? A. Henry Gardiner, I think. Q. Where you tell it to him? A. I did not tell it to him; but Moran mentioned it to him. I told him about it. Q. Let me understand you. A. I say Mr. Moran told me that he had heard me tell about it before. Q. Did he tell Mr. Gardiner that he heard you say it? A. Yes, sir: he not only told him, but told many others. Mr. Moran can be had here: he is right down in the city, not far from here. Q. Did you not, on the occasion to which I have been referring, say to Mr. Richards that you had been saying to those gentlemen that you were the first person who gave the information which led to Dr. Samuel Mudd’s arrest, and that you had been asking them for certificates? A. No, sir: Dr. George Mudd was the first one, I understood, that give information for Dr. Sam. Mudd’s arrest. I told them that I understood Dr. George Mudd had given the information. Q. You did not say to him that you had been telling those gen [311] tlemen that you were the first person who gave information which led to Dr. Samuel Mudd’s arrest? A. No, sir: I never told anybody that I gave information to have Dr. Sam. Mudd arrested. I never did. I told the soldiers there that Dr. Sam. Mudd was arrested about these things at Bryantown. Q. And you did not ask either of the gentlemen I have named for a certificate that you were the first person who gave the information which led to Dr. Samuel Mudd’s arrest? A. Never. I just said to them, “You can say I mentioned it before the assassination; you can give me a certificate, and I will have you summoned to prove it.” They said, “No: we did not hear you then.” Said I, “Will you give me a piece of paper to show that I mentioned it to you before the assassination?” – “No,” they said; they did not hear it; because they were afraid I would have them summoned. Q. What did you ask a paper for? A. To certify that I had said such a thing before the arrest of Dr. Mudd. Q. Did you not ask Mr. Richards, whether, if these gentlemen gave you such a certificate as it was stated you had asked them for, you would then be entitled to a reward of $10,000? A. No, sir: they misunderstood it if they said such a thing. I said what I say now, that I would not swear to a lie for every thing in the whole world. I want the Court to thoroughly understand that. Before I would get up on the stand, and swear to a lie, I would sooner die. I wish the Court to understand that. I do not expect to live here forever. Q. Did you not meet Eli J. Watson in his field on the first day of this June, before you met these gentlemen and had the conversations we have been speaking of, and say to him that you wanted him to certify that you were the cause of Dr. Mudd’s arrest? A. Never in my life. Q. Or that you gave the information which led to Dr. Mudd’s arrest? A. Never in my life. That is a thing I never did. I never Yüklə 2,75 Mb. Dostları ilə paylaş:
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