Conspiracy trial for the murder of the president
Yüklə 2,75 Mb.
|
[504] Q. Did, or did not, these soldiers try to kill those Union prisoners? A. Yes, sir; they did: and the gentleman whom they called Powell tried to prevent it. Q. What did he say on that occasion? A. I saw him in his saddle-stirrups; and he told them, that whilst he was a gentleman, and wished to be treated as one, though he could not defend all, if they killed or captured the one he had in charge, they would do it at the peril of their lives, as well as I recollect the words. That was the meaning anyhow. Q. What time of the year was that? A. It was about last Christmas. I reckon you all recollect the raid of General Torbert; and, on his return, he passed through Warrenton. Q. Did he succeed in getting the prisoner away? A. They left our house. I do not know what came to them afterwards. They left the road. Q. Was one of those men killed by the soldiers? A. Yes, sir: one was killed. I did not see him fall off the horse; but one of the Confederate soldiers rapped at my door, and wanted to bring him into my house. My husband was not at home, and I was scared nearly to death: there was nobody there but me and my small children. Q. The man who was called Powell, you say, saved the lives of the two? A. Yes, sir: they left there. I do not know what became of them. Those prisoners ought to be here to answer for themselves, I should think. By the Judge Advocate: Q. What name do you say he bore when there? A. I know nothing about his name. I never heard of him, nor saw him before or since, that I know of. Q. You did not hear his name? A. No, sir: I was speaking of his trying to save those Union soldiers to a citizen; and he said he was Powell: that is all I know of him. [505] Q. You feel certain that is the same person? A. That is the same person: I would know him anywhere, I think. Q. You had never seen him before? A. Never that I know of. Q. Nor since? A. Nor since that I know of. Q. Was he dressed as a Confederate soldier? A. Yes, sir. By the Court: Q. Did he seem to be a Confederate officer? A. Some of them called him “lieutenant,” I think; but I did not know any thing about it. Q. How was he dressed? A. In dark-gray Confederate uniform. Q. Had he any marks of an officer? A. None at all. He looked rather more genteel than the common soldier. John Grant, a witness called for the accused, Lewis Payne, being duly sworn, testified as follows:— By Mr. Doster: Q. Are you the husband of Mrs. Grant, who has just left the stand? A. I am.
Q. Were you, or not, present at a certain affray that occurred in front of your house last Christmas? A. I happened there a few minutes after it occurred. I was not at home at the time, but got up a very few minutes afterwards. I was three hundred yards from my house, I suppose, when the pistol-firing commenced; and I rushed home as quick as I could. Q. Could you see the firing? A. I could at that time. Q. Do you know whether or not the prisoner at the bar saved the lives of two Union soldiers?
Q. What name did the prisoner go by? A. I understood his name was Powell. Q. Was he an officer, do you know? A. Not that I am aware of. Q. When was it? A. On the first day of January last.
A. An ensign in the navy. Q. Are you acquainted with the prisoner Michael O’Laughlin? A. Yes, sir. Q. How long have you known him? A. About six years. Q. State to the Court whether you came in his company from Baltimore to Washington on Thursday, the 13th of April last. A. I did. We left Baltimore at half-past three o’clock on that Thursday afternoon for Washington. Q. Did you propose the trip to him? A. Yes, sir. Q. At what time did you reach here? A. Between five and six o’clock, I judge. Q. Where did you first go when you came to Washington? A. We came up the avenue, and stopped at Lichau House, or Rullman’s Hotel. Q. Did you sup there? A. No, sir. Q. State whether, from that time till bedtime, O’Laughlin was out of your company at all, and, if so, how long. A. I went into the barber-shop adjoining Rullman’s to get shaved. He proceeded up the street, and returned again before I had finished shaving. Q. After you finished shaving, did you join him again?
Q. Was he out of your company at all the whole evening afterwards until bedtime? A. No, sir. Q. You are sure of that? A. I am as to that Thursday evening. Q. Did you go up the avenue in his company and that of others to look at the illumination that evening? A. Yes, sir. Q. How far up the avenue? A. I am not acquainted on the avenue; but I know it was above Seventh Street. Q. Was it as far up as Ninth Street? A. No, sir. We went across the corner of Seventh Street, and we stopped there: some proposed to go to the Treasury Department, and others to go down the avenue; and we turned back. Q. Did you then go to the Canterbury Music Hall? A. Yes, sir. Q. At what hour? A. About nine o’clock. Q. How long do you think you staid there? A. About three-quarters of an hour, as near as I can judge. Q. After that, where did you go? A. We returned to Rullman’s Hotel. Q. Then it would be in the neighborhood of ten o’clock that you arrived there? A. Between ten and eleven. Q. How long did you remain there before you went out again? A. About half an hour. Q. Can you state whether you went farther west than the point you mentioned on the avenue? A. No, sir; not farther west than a little beyond Seventh Street. Q. Was the avenue much crowded that night,—the night of the illumination? A. Yes, sir: it was almost impossible for a person to get along. Q. Can you state whether he was anywhere in the neighborhood of Franklin Square, Mr. Stanton’s residence, that evening? [508] A. On Thursday evening, he was not. Q. Was he in company with you that whole evening? A. He was, except the short time he left me while I was being shaved. Q. At what time did you retire that night? A. Between one and two o’clock in the morning. Q. Whereat? A. At the Metropolitan Hotel. Q. Do you know certainly whether he slept there that night? A. I saw him in his room, and he was there the next morning when they called him at his room. Q. Was he with you during most of the day on Friday? A. Yes, sir. Q. Was he with you on Friday evening? A. He left me on Friday afternoon in company with another gentleman; Mr. Early, I think. On Friday evening, I met him again. Q. At Rullman’s? A. Yes, sir; at Rullman’s Hotel. Q. How late was he there with you? A. He was there with me until ten o’clock, I should think; and then went out in company with a man named Fuller, I think. Q. Was he there at the time the news of the President’s assassination came? A. He was. Q. Had it been arranged in your party to return to Baltimore on Friday? A. We had arranged to go back to Baltimore on Friday morn. Q. What occasioned the delay? A. I proposed to stay down until Friday evening.
A. I have been shown the place, and that is all. Q. It is, I believe, on K Street, between Thirteenth and Fourteenth Streets.
Q. Do I understand you to say that it is impossible the prisoner O’Laughlin could have been there on the evening of the 13th of April, at Mr. Stanton’s residence, from dark until ten or eleven o’clock? A. It was not possible, because he was with us the whole evening. Q. Was there at no moment such a separation of him from you as would have enabled him to go there and return? A. Not before ten o’clock. Up to ten o’clock, he was with me; after ten o’clock, he went out with a man named Fuller. Q. That was on Friday, was it not? A. It was. On Thursday, he was with me the whole evening.
A. We left Baltimore at 3.30, and arrived between five and six o’clock. Q. Were you separated from O’Laughlin, then, for some time? A. I went to get shaved, and he left me there. Q. Do you know where he went? A. He told that he had been to see Booth. Q. That was between five and six o’clock? A. Yes, sir. Q. Do you know of any other interview he had with Booth? A. The next morning, he was to see Booth; and I went up to the National Hotel to call for him. Q. Did you find him there? A. No, sir: I returned to Rullman’s, and found him there. He said that he had not seen Booth; that he was out. Q. Do you know whether there was any attempt made on his part again to see Booth? A. No, sir; not that I am aware of. Q. You do not know the object he had in seeking this interview?
Q. He made no communication of it on the way? A. No, sir.
A. He did not. Q. On Thursday evening, did he tell you that he had been to see Booth? A. He only told me that he had been up to see him. On Friday, he told me that he had been to see him, and he was not at home. By the Judge Advocate: Q. On the first occasion, did you infer that he had seen Booth? A. On Thursday evening, he simply said that he had been to see him; and on Friday he said he had not seen him; he was not at home. Q. What was the reason you yourself did not return to Baltimore on Friday? A. I had no particular reason: I wanted to stay a little while myself; and I asked them to stay. Q. From whom did the suggestion come that the party should remain over, instead of going back on Friday? A. I suggested it. Q. To whom did you suggest it? A. To the party that were present: there were three besides myself,—O’Laughlin, Murphy, and Early. Q. You say you had no special reason for it? A. No.
Q. Had O’Laughlin himself spoken of staying over? A. No, sir. By Mr. Cox: Q. Did I understand you distinctly to say, that, on Thursday evening, O’Laughlin simply told you that he had been to see Booth, but not whether he had seen him? [511] A. Simply that he had been to see him, and not whether he had seen him or not. By the Judge Advocate: Q. State under what circumstance your party was made up that came over from Baltimore to this city. Was it an accidental meeting, or an arrangement among yourselves before you left? A. An arrangement amongst ourselves to come down and visit Washington. On Wednesday, we arranged to come down on Thursday. Q. Who first made the suggestion? Do you remember? A. No, sir. We were all speaking that we would like to go down to Washington; and I proposed to go down on Thursday. Q. Had you been on terms of intimate associate with the prisoner O’Laughlin before that? A. Only about a week previous to that. Q. Do you remember whether he made any suggestion to you about coming down? A. I do not remember; but I do not think he did. I think I asked him to come down. Q. During your walks that Thursday night, which you continued up to a late hour, was there not a great deal of free drinking by the party? A. Yes, sir. Q. How often do you suppose the party drank in the course of that evening? A. That would be almost impossible for me to say. Q. One of the witnesses here thought he had taken at least ten drinks. Can you remember that many? A. I cannot. It would be impossible for me to say how many we did take. Q. Would that be your estimate? Would you think it fell under ten drinks that evening? A. I should think not more than ten. Q. How many suppers did you take? A. Only one. Q. Where did you stop in the course of this ramble of yours? Can you name the places where those drinks were taken?
Q. Was it in hotels, or restaurants, or private houses? A. Hotels and restaurants. Q. Are you able to state the condition in which the party were, so far as soberness is concerned, at ten o’clock? A. One of the party was not sober: the others, I think, were. Q. Do you think they were in a condition to observe each other, and to be conscious of each other’s presence or absence of movements? A. Oh, yes, sir! Q. Fully so? A. Entirely, so far as that goes. Q. Which of them do you speak of as being drunk? A. Mr. Early.
A. Yes, sir. Q. Did you or not meet him on the 14th of April last at Marlboro’? A. I did. Q. Did you ride any portion of the way from Marlboro’ with him towards his home? A. I did. Q. What was Mr. Lloyd’s condition at that time? A. He seemed to be influenced by liquor at the time. Q. Did he seem to be considerably under the influence of it? A. He did. Q. Did he drink on the road? A. I do not know that he drank. He attempted to drink: he put a bottle to his lips, and I suppose he drank. Q. Did the bottle contain liquor? A. It did. [513] Cross-examined by the Judge Advocate: Q. Were you with him? A. I was present at the time. Q. Did you drink with him? A. I did. Q. Do you think you drank as much as he did? A. I cannot tell: we both drank from the same bottle. Q. You say he was considerably under the influence of liquor? A. Yes, sir: he seemed to be considerably excited; which excitement I attributed to an excess of drink. Q. Nevertheless, he was alone in his buggy, was he not? A. He was after I went from the buggy. Q. Were you in the buggy? A. I was on horseback by the side of it. Q. Did he keep to the road as straight as you did? A. I did not see him deviate from it. Q. He simply was excited in this conversation? A. And deportment generally. Q. Were you a little excited yourself? A. I do not think I was. Q. Mr. Lloyd drinks occasionally, and gets excited; but he has not the reputation of losing his senses while in that condition, has he? A. Not that I know of. Q. Do you think he knew where he was going, and what he was doing, and what he was talking about, that evening? A. I suppose he knew where he was going. Q. You did not feel that he was a man who, as a sober neighbor of his, you thought it your duty to take care of? A. No, sir. Q. You thought he was quite able to take care of himself? A. I thought he could take care of himself. Q. Did it occur to you once that he was a man whom it was your duty to take charge of? A. No, sir. [514] By Mr. Clampitt: Q. Are you acquainted with J. Z. Jenkins, a brother of Mrs. Surratt? A. Yes, sir. Q. How long have you known him? A. Ten years, I think. Q. Can you speak confidently of his reputation as a loyal man? A. I can. Q. What do you know of it? A. I knew Mr. Jenkins, at the onset of these difficulties, to be a zealous Union man. Q. Do you know of any acts he performed that would induce you to believe that was a thorough and consistent loyal man? A. There was a flag erected, probably within a hundred yards of where I boarded, at one time, and there was a rumor that the pole in which the flag was hoisted was to be cut down; and Jenkins was one of the men who took a gun that night, and came there for the purpose of guarding the flag, and remained the night. Q. Do you know any thing of Mr. Jenkins coming to this city to get Union voters, who had left Maryland, to return and vote? A. I do not. I have heard of such a thing; but I do not know it. Q. Do you believe him to be a consistent loyal man? A. I do.
Q. Have you been entirely loyal yourself during the Rebellion? A. I suppose so, and think so. I have never done any thing inimical to the interests of the Government, that I know of. Q. Have you never desired the success of the Rebellion? A. No, sir: I never expressed any desire for its success. Q. Have you always desired that the Government should succeed in putting down the Rebellion? A. I cannot say but what my feelings were neutral in the matter. Q. Are you quite sure they were neutral? It is very difficult to be neutral in such a war as this has been. A. I think I was about as strictly neutral as anybody else. [515] Q. When you examine your feelings closely, if you can recall them, have you not an impression, that, at some time or other, you preferred that the Rebellion should succeed? A. I may possibly have done so. I think I exercised a neutral feeling very nearly. Q. You were neutral in your conduct? A. And in my feelings; as strictly neutral, I think, as anybody else. Q. You think your feelings were perfectly indifferent whether the Government succeeded or failed? A. I was. By the Court: Q. How far was it from Surrattsville where you parted with Lloyd on the 14th of April last? A. About six miles. Q. Did you take more than one drink with him out of that bottle? A. I did not. Q. When you took the drink, was the bottle a flush one? A. I did not notice particularly whether it was or not; but I think it was. I cannot say particularly whether it was or not. Mr. Aiken. I desire to state to the Court, that when, on Friday last, I said I should not delay the Court at all after the other accused had closed their defence, I did not know, and had not then learned, some important facts which have since come to my knowledge. On Friday afternoon, I went to Surrattsville and to Marlboro’. I hastened back on Saturday morning to be here before the adjournment of the Court. I got to the Arsenal, however, just as the Court adjourned, and was unable, of course, then to make my statement to the Court, or file any præcipe for the appearance of witnesses. While on that trip, I gained some information, and learned some facts, which I deem of material importance to the accused, Mrs. Surratt; and I should like the privilege of introducing that testimony. I presume all the witnesses whom I desire to summon can be here to-morrow morning; and their examination will not consume more than hour, or perhaps an hour and a [516] half. I do not know that that testimony will affect materially any rebutting testimony which the Government may have. The Judge Advocate. Does the counsel feel any disinclination to state the point to which the testimony he proposes to introduce will go? Mr. Aiken. I wish to contradict, by the witnesses who will be summoned, the statement made by Captain Cottingham, of Mr. Lloyd’s confession or statement to him, so far as it affects Mrs. Surratt, in which he stated that Lloyd used the expression, “Oh! that vile woman, Mrs. Surratt, has got me into this difficulty,” or some language like that. The Judge Advocate. That was a statement that came from your own witness, I believe. Mr. Aiken. Certainly; but the Court will recollect under what circumstances that witness was placed on the stand, and his acknowledging to the Court that he had told a deliberate lie to me in reference to it, and then saying that he was not on oath at the time he told the lie. The Judge Advocate. I am not sure that you laid the foundation for introducing such testimony. Mr. Aiken. I think the question was asked him directly. The Judge Advocate. Whether he had made this statement to these persons? Mr. Aiken. Yes, sir. There is also much interesting testimony that might be introduced at the same time in reference to the Roby witnesses, and to Mr. Smoot and Mr. Evans, all coming from the same witnesses; and it will not altogether consume over an hour or an hour and a half of the time of the Court. Assistant Judge Advocate Burnett. I do not see very well how witnesses can be called to contradict Mr. Roby and Mr. Smoot. They were called purely as impeaching witnesses of the man Jenkins. If they can impeach impeaching witnesses, it may go on ad infinitum; there is no end to it. Mr. Aiken. That is the very difficulty which should have been thought of when the loyalty of Mr. Jenkins was attacked. If we are to try the loyalty of the people of Prince George’s and Charles Counties, we shall not get through before this time next year. [517] The loyalty of Mr. Jenkins, I think, is as well established as that of any other Marylander possibly could be; and yet there are men who have lived in his neighborhood six months, who come here, and swear he is not a loyal man. The Judge Advocate. If the Court please, inasmuch as there is some important testimony for the Government, which was expected here this morning, and which will probably be here by tomorrow morning, I do not think there will be any loss of time by granting this application, which I am disposed to grant without hesitation. The application of Mr. Aiken was granted, and subpœnas were directed to be issued for the witnesses indicated by him.
A. I was well acquainted with G. J. Rains, who resigned as lieutenant-colonel of the Fifth Regular Infantry, in 1861, of the army of the United States. Q. Were you acquainted with his handwriting? A. Very well. Q. [Submitting to the witness a paper.] Look at the indorsement on that paper, signed “G. J. Rains, Brigadier-General, Superintendent,” and state whether the signature to that indorsement is in his handwriting. A. To the best of my knowledge and belief, it is his signature. The paper referred to, with it indorsement, was read as follows:— Richmond, Dec. 10, 1864. Captain Z. McDaniel, Commanding Torpedo Company. Captain,—I have the honor to report, that, in obedience to your order, and with the means and equipment furnished me by you, I Yüklə 2,75 Mb. Dostları ilə paylaş:
|