Conspiracy trial for the murder of the president
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[391] A. No more than any one neighbor will do for another. Q. Did you know any thing about horses that escaped from Giesboro’, and were gathered up on her premises? A. Nothing more than I heard there were two horses there that were sent there to be taken care of; and the Government got them; and I understood that she got a receipt. Q. You do not know any thing about it, only what you heard? A. That is all. Q. When did your son return from the rebel army? A. I forget the date exactly; but it has been about three weeks ago. Q. He has been there all the time, then, since the war? A. I judge so. Q. What have been your politics during the war? A. I have been a Democrat all my lifetime. Q. Have you not gone farther than that, and been violent in your expressions against the Administration? A. No, sir. Q. Have you not frequently expressed the most disloyal sentiments? A. No, sir. Q. Have you not often said that you wished the South would succeed? A. I never did, to my recollection. Q. Then the only prominent act you now recollect of favor to the Rebellion is giving a son to the cause? A. I did not give him: he went of his own accord.
A. Prince George’s. Q. Is there any other Mr. Jarboe of Prince George’s County? A. Yes, sir: I have a brother there. [392] Q. What is his name? A. William. Q. Any other? A. He has a son,—a young man. Q. How old? A. About eighteen, I suppose. I do not know his age exactly. Q. Are you and your brother the only men grown of the name of Jarboe in Prince George’s County? A. The only ones I know of; the only ones of our family. Q. Do you know of any other family of the name of Jarboe in Prince George’s County? A. No, sir. Q. Are you commonly called Judson Jarboe? A. Some persons call me Judson, and some James. Q. Judson is your middle name? A. Yes, sir. Q. State whether you know the prisoner, Dr. Samuel Mudd, or ever saw him before his arrest. A. I never did. Q. State whether you were coming out of a house in Washington last winter on H Street, and met him going in. A. I never met him on H Street. Q. State whether you have seen Mrs. Surratt, the prisoner, for a year before her arrest. A. I saw her some time this last April, since she was arrested; but I did not see for about three years before that, I think. Q. Have you ever been at her house in the city of Washington? A. No, sir. Q. Have you ever met her daughter at any house in Washington City prior to the arrest of her mother? A. No, sir. Q. Do you know the Rev. Mr. Evans, living within six or eight miles of the city, in the direction of Surrattsville? A. I have not seen him for several years, except here recently. I think I met him. I cannot charge my memory exactly when: but some two or three weeks ago, I think, I met him on the street; that is, I was standing at the corner of a street, and he passed by [393] me. I was standing at the corner of G and Seventh Streets. I had not been in town long. I left my horse at Mr. Howard’s stable, near the corner; and I walked up the corner, and was talking with a blacksmith, who keeps a blacksmith-shop close to the corner, when Mr. Evans passed. I had not seen him before—I do not think for—I could not tell exactly—a year or two, I am sure. Q. Was he walking, or riding, or driving? A. Walking. Q. You have known Mr. Evans, then, have you? A. I have known him for several years; that is, he used to live in my neighborhood, and he used to attend a Methodist church there in my neighborhood. I used to see him passing.
A. Yes, sir: I know John Surratt. Q. You have met him often, have you not? A. Not very often. Q. You met him last season? A. Yes, sir; I met him last winter. Q. You met him in this city last winter? A. I do not think I did. I met him this spring. Q. You say you did not meet him in this town last winter? A. I do not think I met him in town. Q. Where did you meet him last winter? A. I do not think I met him last winter, but some time in the spring. Q. Did you not say a little while ago that you met him last winter? A. It was cold weather: I suppose it was in March. Q. Where did you meet him? A. I met him on Seventh Street. Q. In this city? A. Yes, sir. Q. What time in March was it? A. I cannot tell exactly; some time early in March, though. [394] Q. Whereabouts in Seventh Street did you meet him? A. I met him, I do not know the name of the place exactly: it was a restaurant, though, in Seventh Street, nearly opposite the Odd-Fellows’ Hall. Q. Who was with him? A. I do not know. There were several gentlemen with him. I went into the restaurant, and several gentlemen were standing at the door. Q. Did you stop to talk to him? A. Not much. I just spoke to him, and passed out. Q. You had some talk with him? A. I just passed the time of day with him, and passed on. Q. Do you not know some of the men who were with him? A. I could not charge my mind exactly with them. Q. Did you not know John Wilkes Booth? A. I did not. Q. Do you not know David E. Herold? A. I have seen him. Q. You see him here now among the prisoners, do you not? A. Yes, sir. Q. Was he not with Surratt when you met him in this town last spring? A. He was not. Q. Who was with him? A. I cannot tell you. There were several gentlemen with him: I do not know them. Q. When did you see Surratt after that? A. I do not think I have seen him since. Q. When did you see him before that? A. I cannot tell exactly when it was. I met him on the road one time; but I cannot tell you what time it was. I was going one way, and he the other. Q. Where did you meet him on the road? A. I met him on the road between Washington City and Upper Marlboro’. Q. Was somebody with him then? A. No, sir. [395] Q. Was it last fall, or last winter? A. I cannot tell; but it must have been some time last fall. Q. Do you know any of the other parties accused here? A. No, sir: I do not think I do. Q. Except Mrs. Surratt: you are acquainted with her? A. Yes, sir: I have seen Mrs. Surratt. Q. You say you saw here since her arrest? A. Yes, sir. Q. Where did you see her? A. I met her at Carroll Prison. Q. Did you go to see her? A. No, sir. Q. How did you meet her? A. I was unfortunately there myself. Q. Were you and Mrs. Surratt in the same room? A. No, sir. Q. How did you get to see her? A. I saw her through the window. Q. Did you have any talk with her there? A. Not through the window. Q. Had you any talk with her there? A. Yes, sir. Q. If you did not have it through the window, where did you have it? A. In the room. Q. Then you did get into the room with her? A. Yes; but I did not go to see Mrs. Surratt, though. Q. Did she come to see you? A. No, sir: I went to see her. Q. You did go to see her? A. No; I did not. I went up into the room. Q. I thought you said you did go to see her? A. Oh, no, sir! Q. Did you talk to her about this business? A. No, sir. Q. Did you talk to her about John? A. No, sir; I did not. [396] Q. Did you talk to her about Herold? A. No, sir. Q. Who was present? A. Mrs. Surratt’s daughter and my daughter. That was the way I got into the room. I went to see my daughter. Q. You had got into other trouble with the Government, had you not? A. I do not know that I was in trouble with the Government. Q. Was there any complaint or accusation made against you in connection with this Rebellion, or with the soldiers of the Union down there? A. I do not know whether there was or not. I was arrested on the road, and carried to prison. Q. When were you arrested? A. On the 15th day of April. Q. Do you know whether you were charged with any disloyal conduct down there in Maryland? A. No, sir. Q. Have you heard of being charged with any disloyal conduct down there? A. There was no charge against me, that I know of. Q. Were you informed—I do not say in writing—that there were accusations against you?
The Witness. I should like to know if I am here as a witness, or here on trial. I do not know how to answer the question. Assistant Judge Advocate Bingham. Every witness is put a little on trial; and you have a right, if you do not want to answer that question, to put yourself on your privilege, and say you will [397] not answer it, because it criminates you; but, if you think it does not criminate you, you can answer it: you do as you please about it. What I want to know is, if you choose to answer, whether you were not accused of offences against the Government, in Maryland, and whether you were not so advised. The Witness. No: I do not think I was. Q. Were you not so advised? A. I was not accused. I do not know what I was arrested for. Q. Were you not told any thing about it by the officers of the Government or others down there? A. No, sir: the man that arrested me did not say any thing to me on the subject. Q. Did anybody tell you any thing about it? A. There were some questions asked me. Q. Was there not a soldier killed lately down in your neighborhood? A. Not that I know of. Q. Did you not hear of it? A. No, sir: I have not heard of a soldier being killed lately. Q. I do not know how lately,—perhaps last fall or last winter. A. No, sir. Q. You did not hear any thing about that? A. No, sir; not in my neighborhood. Q. I am not familiar with that neighborhood, and I am probably wrong about the locality. I only asked for information. Who questioned you? A. I was asked some questions by Major Wooster the night I was arrested. Q. Whereat? A. At the fort. Q. What fort? A. Fort Baker, I think. Q. What did he ask you? A. He asked me something about a man by the name of Boyle. Q. What did he ask you about Boyle? A. He asked me if I knew him. Q. What else did he ask you about him?
Q. What did you say? A. I told him no. Q. What did he say Boyle was charged with? A. Charged with assassination and horse-stealing, &c. Q. Assassinating whom? A. I think a man by the name of Watkins. Q. That man was a soldier? A. I do not know that he was. I do not know any thing about him. Q. Did he not say Captain Watkins? A. He may have said Captain Watkins. Q. And that this Boyle was charged with killing and murdering him? A. Yes, sir. Q. And he wanted to know if you had not harbored Boyle? A. Yes, sir. Q. And you said you had not? A. I had not. Q. You knew Boyle? A. I knew him when he was a boy. I have not seen him for four years. Q. Do you say that you know the fact that he did not find refuge on your premises? A. I do: I am sure of that. Q. You are sure he did not? A. Yes, sir; I am sure of it: that is to say, he did not, to my knowledge. Q. Do you know when the murder of Captain Watkins was committed? A. I do not. Captain Watkins lived a long way from me. Q. How have you stood yourself in relation to this Rebellion, since it broke out? A. I do not exactly understand you. Q. Have you made any declarations against the Government of your country since this Rebellion broke out? A. No, sir.
A. No, sir. Q. Have you wished for the success of the Rebellion? A. Oh, no, sir! I could not expect that. Q. Did you want it, whether you expected it or not? Did you want this Rebellion—this Southern Confederacy, if you please—to triumph?
The Judge Advocate. I do not think a mere wish is such criminality as would protect him from exposure. Mr. Ewing. I think this is a species of inquisition which counsel ought not to indulge in. The Judge Advocate. Loyalty is a question of feeling and conviction as well as of action. Assistant Judge Advocate Bingham. If the witness thinks it will criminate him to make a full and complete answer, he can say so. If he does not think it will criminate him, he must answer the question. The Witness. I hardly know what would criminate me here. Q. [Assistant Judge Advocate Bingham.] As you have given your opinion on that subject, instead of answering my question, I should like to know whether it is your opinion that the Southern Confederation down here was criminal at all or not. A. I do not know much about it. Q. Have you not expressed yourself that it was all right? A. What was all right? Q. The Southern Confederacy and the Rebellion? A. I do not think that I did. Q. Did you not think that? A. I think a good many things. [400] Q. State whether you made an assault upon a man at the election four years ago, or about four years ago; and what did you do to him? The Witness. Are you going to try me for that? Q. No; but I ask you the question. A. I have been tried for that same offence twice. Q. State whether you made an attack about four years ago, at the time of the election, on a Union man down there, and killed him. A. There was a pretty smart attack made upon me. Q. What became of the man? A. It would be very hard for me to tell now. Q. Was he killed or not at the time? A. I understood that he was. Q. Do you not know who did it? A. No: I do not know exactly who did it. Q. Do you know whether you had a hand in it in killing him? A. I do not know. I have answered all the questions so often, that— Q. You can answer that question, or let it alone. If you say you cannot answer it without criminating yourself, you need not. A. I have answered that several times. Q. You have not answered me yet. A. I have answered these questions before other courts. I have been asked these questions over and over. Q. Did you kill him, or did somebody else kill him? A. I cannot tell you whether some one else did it. Q. Did you have a hand in it? No answer. Q. Where was it that this man was killed? A. I understood that he was killed. It happened at the election. Q. Do you not know the man who was killed? Were you not there? No answer. Q. What was the man’s name that was killed? No answer. [401] Assistant Judge Advocate Bingham. I shall not insist on an answer. If you do not wish to answer, you need not answer. It is your privilege to decline, or do so. By Mr. Ewing: Q. Have you any statement you wish to make in regard to the circumstances as to which the Judge Advocate has been questioning you? The Witness. Concerning what? Mr. Ewing. In regard to the difficulty about which the Judge Advocate has been questioning you. If you have any thing to say to the Court, say it. The Witness. Well, I do not know. If the Judge wants to know all the particulars about it— Assistant Judge Advocate Bingham. I do not insist on any more. You have declined to answer, as is your right. The Witness. I have answered these questions, and I have been tried for that thing by our courts. Mr. Ewing. What was the result? Assistant Judge Advocate Bingham. You need not state. The Witness. I was acquitted. Assistant Judge Advocate Bingham. I object to all that. Mr. Ewing. You have been going into the question whether he was tried or not, and I ask him the question in what court he was tried. Assistant Judge Advocate Bingham. The gentleman has made an issue with me. I deny his assertion. Mr. Ewing. The witness can state in what court he was tried. Assistant Judge Advocate Bingham. He cannot state where. I did not ask him in what court he was tried. He chose not to answer my questions; and that was all. Mr. Ewing. If the Court please, I think the character of the cross-examination of this witness was most extraordinary,—catching the witness, badgering him with questions, and snapping him up when he started to answer, and undertaking to present to the Court the impression from his answers that he was a felon; and then not allowing the witness to state that he was tried for the [402] offence alleged against him, in a high court of the country, and was acquitted. That is not fair; and more than that, the gentleman is certainly wrong. He drew out of the witness, the fact that he was tried. Now I want to know where he was tried. I want to know whether they was a solemn inquiry into it; whether he was tried in a high court. Assistant Judge Advocate Bingham. Whether I badgered the witness, or the witness badgered me and justice both, is a question that will appear by the record hereafter. The point I make on the gentleman is, that I never asked this witness a question whether he was tried. Mr. Ewing. You drew it out. Assistant Judge Advocate Bingham. I did not draw it out of him. What I tried to draw out of him was legitimate; but as the gentleman chooses to arraign me here— Mr. Ewing. I take that back. Assistant Judge Advocate Bingham. I am glad of it. As the gentleman chooses to arraign me here, holding myself as the humblest man here, I beg leave to say, in vindication of my conduct, that there is not a law-book fit to be brought into a court of justice, on the law of evidence, which does not say I had the right to ask him the question, whether he had been guilty of murder; and I am not going to let this witness go away from this Court with the impression that I have invaded any right of his. I had a right to ask him the question, whether he was guilty of murder, and he had a right, as I told him, to refuse to answer it if he saw fit. Now, what I say to the Court is, that he never answered my questions. Mr. Ewing. You did not ask him whether he was guilty of murder. Assistant Judge Advocate Bingham. I asked him whether he killed a man, and I asked him whether he had any thing to do with killing a man. Mr. Ewing. That is not necessarily murder. Assistant Judge Advocate Bingham. If I may ask whether he was guilty of murder, I may ask him whether he killed a man. Mr. Ewing. You did not ask whether he had committed murder. [403] Assistant Judge Advocate Bingham. The greater includes the less. Mr. Ewing. But you asked the less. Assistant Judge Advocate Bingham. What I say is, that the law authorized me to ask squarely whether he was guilty of murder; and he is not to go out of court with the impression that I have invaded any rights of his. I never asked him about any trials. He did not answer my questions; he had a right not to answer them: but I never asked him about trials at all. He never stated whether he had killed the man; he did not ever state whether he had a hand in killing the man; and he would not tell me whether the man was killed at all, or not. Now, in that stage of the case, upon that record, the gentleman proposes to prove by parol evidence what appears on the record. The man has not admitted yet that anybody was killed; and, if nobody was killed, how could he be tried? Then, in the next place, if he was tried, how are you going to prove it by parol? We have not the benefit of any testimony on the subject. The truth is, I do the witness the justice to say that he has not answered my question at all. He has not stated that the man was killed: he has stated that he understood he was killed. He would not state that he himself had a hand in it, and he would not state that he knows the man’s name. He has not given his name. That is the way it stands so far; and I object to any thing further about it. Mr. Ewing. He has stated that he was tried; and I ask him now, in what court? Assistant Judge Advocate Bingham. I did not ask him if was tried. Mr. Ewing. He stated that he was tried; and now I ask simply in which court? I do not ask the result of the investigation. Assistant Judge Advocate Bingham. If there was nobody killed, there was nobody hurt, I reckon. By Mr. Ewing: Q. In what court were you tried? A. In Prince George’s County Court. Q. Were you, during last spring, winter, or fall, in any house on H Street, in the city of Washington?
Q. Have you any acquaintances living on H Street? A. No, sir; none at all, that I know of. Q. Have you any acquaintances living on H Street, between 6th and 7th? A. I do not think I have. Q. Do you know in what part of the city Mrs. Surratt lives? A. I do not. I never saw her house in my life. I do not know any thing about Mrs. Surratt’s residence. Q. What is the name of your brother’s son? A. Lambert. Q. Is there any other Judson Jarboe in Prince George’s County but yourself? A. I do not think there is: I never heard of any.
A. I do not think there is. Q. You say you were tried in a court. What were you tried for? No answer. Q. Do you know what you were tried for? A. I suppose I was tried for what you stated a while ago. Q. No, sir: I did not state it at all. The Witness. You said I killed a man. Assistant Judge Advocate Bingham. No: I did not. The Witness. You asked me if I did not. Assistant Judge Advocate Bingham. I asked you if you did; and you did not answer the question. Now I ask you for what you were tried. A. I was tried in that case. Q. What were you tried for? Were you tried for murder? A. Well, if I understood the case aright, I do not think— Q. Were you charged in that case with the murder of a Union man? A. I do not know whether he was a Union man or not. Q. Was he called a Union man? A. That I do not know. Yüklə 2,75 Mb. Dostları ilə paylaş:
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