Conspiracy trial for the murder of the president
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[44] from the same place; my wife, and Mrs. Bunker, from the National Hotel. Q. And the first box you came to, upon passing the door of the entrance, you went into? A. Passing down the dress-circle. Q. I say, passing down the dress-circle, the very first box you came to you went into. A. Yes, sir. Q. There was a partition, then, between the box you occupied and another box to your right, farther on towards the stage? A. There was. Q. The box next to the stage you did not enter at all? A. We entered the first box. Q. But the box separated from that by a partition, the one next to the stage, you did not enter at all? A. I did not. Q. Consequently it was the first door you came to after passing the entrance that he burst open? A. Yes, sir. Q. That door was on the left-hand as you passed along that entrance? A. Yes, sir. Q. And the first door you came to after passing the outer door? A. Yes, sir. Q. And that he burst open? A. Yes, sir. Q. And the upper screw came out entirely, and the lock swung around on the lower screw, and left the lock without a fastening at all? A. I think it did.
Q. How long had you been employed there? A. For the last two seasons,—over a year. Q. In what capacity? A. Artist and scene-painter. Q. [Exhibiting to the witness the rope found in Spangler’s bag.] Will you examine that rope, and state whether you have seen any rope like that used at the theatre? A. Yes, sir: I have seen ropes like this; but I do not think that this is one that has been used there. In fact, all ropes of this description bear similarity. Q. Examine that rope carefully, and give your opinion as to whether it was been used. A. I should say that rope had been used. Q. What are ropes like that used for in the theatre? A. For suspending the borders that hang across the top of the scenes. Q. What are they called? A. Borders. Q. What are the ropes that are used called? A. Border-ropes. Q. What length of rope is used for that purpose in the theatre? A. Seventy or eighty feet,—not less than eighty feet. Q. State to the Court what they are used for, or how they are used. A. These ropes are used for lowering and raising the borders, which borders are long strips of canvas. Some are painted to represent interiors, others exteriors; and as the scene that is on requires a change, these are raised or lowered for that purpose. Sometimes it is necessary to alter them, and they are lowered down on the stage for the purpose of painting them, &c. Q. Are the ropes used there about the size of that one? A. I should say this is about the sized rope. Q. Examine it carefully, and say whether it has the appearance of having been passed through pulleys. A. It has the appearance of having been chafed. That is why I said I thought it had been used. A new rope would be a little
Q. Does it look as if it had been used for that purpose, as a border-rope? A. I cannot say that I can detect any thing that would lead me to form an opinion. It is the same kind of rope that is used for that purpose. If it had been used for that purpose, I think there would have been a knot fastening it at the end; that it would bear the appearance of having been tied some way or another. Q. Examine both ends of the rope, and see whether it has such an appearance. Q. I have. On the other end it appears to have been cut. I cannot say whether it has been used for that purpose. It is a rope very similar to those that are used in the theatre. There is a great number of them generally about this size. Q. It bears the mark of use? A. Oh, yes: I have no doubt but what that rope has been used,—not a great deal, either. Q. How many such ropes were employed about the theatre? A. Probably about forty or fifty of them.
A. It is very similar. Q. Did you not swear, a little while ago, “I do not think this is one of them”? A. I do not know, indeed. Q. Did you not so swear a little while ago? A. If you say I did, I believe it. Q. I ask you whether you did not swear, a little while ago, “I do not think this is one of them.” A. I do not recollect having said so. Q. Have you changed your mind now? A. No, sir. Q. Do you think it is one of them now? A. I think it is a rope very similar to the ones that are used. [47] Q. Do you think it is one of them now? A. I should be very sorry to say it was,—to swear to it. Q. Were you acquainted with John Wilkes Booth? A. I knew him by sight. I never spoke a work to him in my life. Q. You never did? A. No, sir. Q. Did you not hear him say any thing at all about the President in March or April last? A. No, sir. Q. Not a word? A. No, sir. Q. I do not ask you whether he spoke it to you: I ask you whether you heard it. A. No, sir: I was never in his company. By the Court: Q. What is the material of that rope? A. I should say it is hemp. By Mr. Ewing: Q. Have you any reason to believe, from an examination of the rope, that it was not used as a border-rope? A. No, sir. Q. Did you see any thing of the prisoner, Edward Spangler, after the assassination? A. I saw him on Saturday, the day after the President was assassinated. Q. For how long a time, and how many times? A. I saw him several times during the day. I was in the theatre the whole of the day, from ten o’clock until the military guard took possession. I went over the theatre, loitering about. It was a cold day, and my feelings were excited. I did not care about going out of doors, and I remained on the spot the whole day, in the theatre, and I saw Spangler several times during the day. Q. Was he there about the theatre? A. Yes, sir. [48] By Assistant Judge Advocate Bingham: Q. Whereabouts did you see him on Saturday? A. On the stage. Q. Who was with him? A. There were several there. Maddox was there. Q. Who else? A. A man by the name of Jake. Q. Who else? A. I saw Mr. Gifford there. Q. Who else? A. I saw Mr. Wright there, the stage manager. Q. All at once? A. They were in and out occasionally. Q. But who was with Spangler? A. Maddox was there at any time. Q. Who else was with Spangler at the time? A. Carland was there. Q. With Spangler? A. No: in the theatre. Q. I ask you, who was with Spangler when you were present with him? A. Carland was, if I recollect rightly. He was in company with myself and Carland. Q Who was in company there with Spangler when you saw him there? I want their names, and want to know the time of day. A. It was in the forenoon. Q. Who was with Spangler? A. I was with Spangler. Q. Who else? A. Mr. Maddox was with Spangler. We were in the theatre, in the building; we were in company, walking about, loitering about, and sitting down occasionally; there was no companionship particularly. Q. What time of day was that? A. Twelve or one o’clock, as near as I can recollect. Q. When did you see him the next time?
A. I live in Washington: I am Superintendent of the Botanical Garden. Q. Were you in Ford’s Theatre at the time of the assassination of the President? A. I was, sir. Q. Did you see Booth pass off the stage? A. Yes, sir. Q. Did you see Mr. Stewart get on it? A. Yes, sir. Q. State at what time he got on the stage. A. Mr. Stewart was amongst the first that got on the stage; but my impression is that Booth was off the stage before Mr. Stewart got on it. Q. What did Mr. Stewart do? A. I did not watch what he did on the stage. I saw him on the stage. He turned around, and looked up at the box where the President had been murdered. I did not notice any more after that. Q. But you think Booth had got off the stage before he got on it? A. Before any one got on the stage, I think Booth was off the stage. Jacob Ritterspaugh, called for the accused, Edward Spangler. By Mr. Ewing: Q. When you were examined for the prosecution, the other day, you spoke of Spangler, on your return from running out after [50] Booth, slapping you, and of his saying, “Shut up: don’t say which way he went”? A. Yes, sir. Q. Did you not make the same statement the next day, when were in the theatre with Mr. Lamb, to Mr. Lamb? A. Yes, sir. Q. Did you not make the same statement, on the night of the assassination, up in Mr. Gifford’s room, to Mr. Carland, when Carland came and woke you up? A. Yes, sir: he came up and asked where Ned was; he woke me up. I told him I did not know; and then I told him that Ned had slapped me in the mouth, and said “Don’t say which way he went.” Q. Were you not on the stage with Spangler in the afternoon of the day of the assassination? A. Yes, sir. Q. State what you and Spangler saw there. A. I saw a man in the dress-circle, smoking a cigar; and I asked Spangler who that man was, smoking a cigar. He said he did not know. Then I said we ought to tell him to go out; but he said he had no charge on that side of the theatre, and no right to do so. Assistant John Advocate Bingham. You need not state what Spangler said. The Witness. I did not take more notice of him then, and we commenced to work again. After a while I looked around, and saw him sitting in the lower private box on the right-hand side of the stage. I went to Ned and told him, and Ned said— Assistant Judge Advocate Bingham. You need not state what “Ned” said. Q. [By Mr. Ewing.] State what the man did after Ned spoke. A. He went out. Q. Was the man near enough to hear what Ned said? A. Yes, sir. By Assistant Judge Advocate Bingham: Q. Did you know what man that was? A. He had a mustache. [51] Q. Did you know him? A. No, sir: I never saw the man before. By Mr. Ewing: Q. At what time in the evening was that? A. About six o’clock: just before we went home to our supper. Q. That was at six o’clock in the evening of the day on which the President was assassinated? A. Yes, sir. By Assistant Judge Advocate Bingham: Q. Where did you say that man was in the theatre? A. In the dress-circle I saw him first. Q. Where else was he in the theatre? A. Below in the private box. Q. What box? A. The lower box on the right-hand side of the stage. Q. That is, the far side from here? A. It is the left-hand side when you come in from the front of the theatre. Q. But it is the far side of the theatre from here, the north side, and the lower box at that? A. Yes, sir. By Mr. Ewing: Q. Did you see which way the man was looking? A. He was looking at us. Q. Did he look towards any other part of the theatre? A. I did not take notice. Louis J. Carland, a witness for the accused, Edward Spangler, being duly sworn, testified as follows:— By Mr. Ewing: Q. State whether you are acquainted with Jacob Ritterspaugh. A. Yes, sir. Q. State whether you saw him in Mr. Gifford’s room on the night of the assassination, after the assassination.
Q. Did you wake him up? A. Yes, sir. Q. What did Ritterspaugh say to you upon that occasion? A. When I woke him up he was frightened, and thought I was Mr. Booth. I asked him Spangler was. He told me he did not know where he was now: the last he had seen of Mr. Spangler was when he was standing behind the scenes, and that he did not know where he had gone; that, when the man was running past, he had said that was Mr. Booth, and Spangler had slapped him in the mouth, and said to him, “You don’t know who it is: it may be Mr. Booth, or it may be somebody else.” Q. Did Mr. Ritterspaugh tell you then that Spangler slapped him on the face with the back of his hand, and said “Don’t say which way he went”? A. No, sir. Q. Did he tell you any thing to that effect? A. No, sir. Q. Are you sure he did not say that to you? A. I am certain. Q. Whom did he represent as saying, when Booth passed, “That is Mr. Booth”? A. Mr. Ritterspaugh himself made the remark to Spangler. Q. And Spangler then said what? A. He said Spangler smacked him the mouth, and told him to “Shut up: you don’t know whether it was Mr. Booth, or any other man,” or that effect. Q. Do you know where Spangler was immediately after the assassination? A. No, sir: I did not see him until the next day. Q. Where did you see him then? A. I saw him in the theatre, on the stage. Q. Where did you see him for a day or two after that, if at all? A. I was in his company up till Monday, when I was arrested, or up to Sunday night. I was not in his company on Sunday night after he retired. I went to the Herndon House, and he went to
Q. Whereabouts was he when in your company during those two days? A. On Saturday night after the assassination, when he went up stairs to bed, he said there was some talk that the people were going to burn the theatre; and, as he is a man that sleeps very heavy, he was afraid to sleep up there.
The Witness. I took him into my room, and told him to bring his bed in there; and he remained there all night. He was put under arrest when was in my room on Saturday night. Q. [By Mr. Ewing.] Then on Sunday, whereabouts was he with you? A. At about half-past nine o’clock the guard came and relieved him, and some one came and discharged me, and we went out into the street. I went to church; and, after church was over, I met him again in the afternoon. Q. Where? A. In the street, near the theatre. We walked around that afternoon, and in the evening went down to Mr. Bennett’s, and to Mr. Gurley’s on C Street; and some one came and told him there that he was going to be arrested. I told him he had better go and see the detectives at once, and not have them coming after him when he was asleep, and taking him out of his bed; that he had better go and see about it. I went and asked Mr. Barry, one of the detectives, whether there was any such report at the police headquarters, and he said no. Assistant Judge Advocate Bingham. You need not state anything about that conversation. Q. [By Mr. Ewing.] Do you know whether or not, during those two days you were with him, Spangler had money? A. He had very little change. He wanted to see Mr. Gifford to get some. [54] Assistant Judge Advocate Bingham. You need not state what he said. By Mr. Ewing: Q. Will you state whether Booth frequented the theatre familiarly before the assassination? A. Yes, sir. Q. Was he about there a great deal? A. Yes, sir. Q. On what terms was he with the employés of the theatre? A. He was very intimate with all the employés; called them by name. He was a gentleman who would soon get acquainted, and get familiar with people on a very short acquaintance. Q. [Exhibiting to the witness the rope found in Spangler’s bag.] Do you know whether such ropes as that are used about the theatre? A. Yes, sir. Q. What for? A. They are used in a great many capacities in the theatre,—to pull up the borders, and to pull up the scenes, the drops that are taken up. They are also used for bringing up lumber to top dressing-rooms, because the stairs are so narrow it cannot be brought up that way. We used such a rope as that for that purpose about two weeks before the assassination took place. There was some shelving to be put up in my wardrobe; and, as we could not get it up any other way, we had to use a rope, and haul it up through the window to the fourth story. Mr. Spangler and Ritterspaugh brought it up. Q. Was the one that you used then to bring up the lumber an extra rope? A. I do not know that it was an extra rope. There were a great many ropes around the theatre. Q. Will you examine that rope, and see whether it bears the marks of having been used? A. It looks as if it had lain out in the rain or been in the water, or something of that sort. I am not qualified to judge about much a rope is worn. Q. Can you tell whether it has probably been in use from an examination of it?
A. Yes, sir. Q. He did not sleep in it the night of the assassination? A. Yes, sir. Q. He did not sleep in the theatre the night of the assassination? A. He slept in the carpenter-shop attached to the theatre. Q. He did not sleep in the theatre the night of the assassination, did he? A. He did not sleep in the room he usually slept in. Q. He did not sleep in the theatre the night of the assassination, did he? A. No, sir. Q. Did he sleep in the theatre on Sunday night? A. I do not know. Q. You do not know where he slept on Sunday night? A. No, sir. Q. You say you woke Ritterspaugh up: when did you do that? A. About twelve o’clock. Q. On what night? A. On Friday night. Q. The night of the assassination? A. Yes, sir. Q. Who was with you when you woke him up? A. There was not any person with me. There was a policeman standing in the passage-way. Q. Where was it? A. It was in what is called the manager’s office. Mr. Gifford’s bed is in it. It is on the first floor, off the green-room. Q. In the theatre? A. Yes, sir; in the building attached to the theatre. [56] Q. That is where you found him and woke him up? A. Yes, sir. Q. He was frightened? A. Yes, sir. Q. He thought it was Booth? A. Yes, sir. Q. Did he say any thing about Booth drawing a knife on him? A. No, sir. Q. He did not say any thing about that? A. No, sir. Q. Do you remember the words that he did use? A. Yes, sir. Q. When did he use them?—immediately on being awakened out of his sleep? A. When he stood up and saw who it was. Q. Immediately on your waking him up? A. Yes, sir; after I had asked him where Mr. Spangler was. Q. You asked him where Spangler was? A. Yes, sir. Q. What did you say to him? A. I asked him, “Where is Ned?” Q. What did he say? A. He said he did not know where he was; that he supposed he was up. He evidently was drunk, from what he had done. Q. What did you say? A. I did not make any reply, and he went on talking. Q. What did he tell you? A. He said that when Booth ran out through the passage-way, while he and Ned were standing behind the scenes, he made the remark, “That is Mr. Booth;” and Ned slapped him in the mouth, and said, “You don’t know whether it is Mr. Booth, or who it is.” Q. That is all you remember he said? A. That is all. Q. To whom did you tell that afterward? A. Never to any person. Q. Never did to anybody at all?
Q. Which Mr. Withers? A. Mr. William Withers, Jr. Q. You told him just those words you have told now? A. Just precisely. Q. When did you tell him? A. The Sunday afternoon afterwards. I took dinner with him. Q. The Sunday after the assassination? A. Yes, sir.
A. Yes, sir: it is attached to it just the same as my wardrobe. It is not in the theatre-building, but it is included in the theatre. You do not have to go into the street to get to it. You leave the theatre, and there is a passage-way to go up, the same as we have to go to the green-room and the dressing-rooms. Q. Do you know whether the theatre was guarded or not on Sunday night? A. Yes, sir; but any of the employés who slept there could get in. Mr. Spangler had a pass from the captain or officer of the guard to go in and out when he liked; and on Saturday I had a pass for that purpose. Q. Had Ritterspaugh fully waked up when you had the conversation with him? A. Yes, sir: he stood up. Q. Had he fully waked up? A. Yes, sir. Q. Did he recognize you? A. He recognized me. He knew who it was before he commenced to speak. James Lamb recalled for the accused, Edward Spangler. By Mr. Ewing: Q. Are you acquainted with Jacob Ritterspaugh? A. Yes, sir. [58] Q. Did you see him on the stage of the theatre the day after the President’s assassination? A. Yes, sir: on Saturday. Q. Did he say any thing to you as to a conversation that he had with Spangler directly after the assassination? A. Yes, sir: he was grumbling, and saying that it was well for Ned that he had not something in his hand at the time. I asked him why. Said he, “He struck me last night a very hard blow.” Q. What else did he say? A. He said, “Ned said at the same time, “Shut up: you know nothing about it.” Q. In what connection did he say that happened? A. In connection with his having said that he was acquainted with the person,—that it was Mr. Booth. He said he called out, “I know him; I know who it was; I know that was Booth,” or something of the kind; and then Ned struck him, and said, “Hush up; be quiet; what do you know about it?” Q. When did he say that was? A. That was while the party, I suppose Mr. Booth, or whoever it might have been, was leaving the stage, making his escape. Q. As he was making his escape? A. Yes, sir: this man Jake rushed up, and was making this exclamation, “That was Booth; I know him; I know him; I will swear that was Booth,” and Ned turned around, and struck him on the face with his hand. Ritterspaugh said, “It is well for him I had not something in my hand to return the blow.” Q. Then what did Ritterspaugh represent himself as saying just before Spangler slapped him? A. He represented that he knew the party who had made his escape, who had shot the President. Q. What did he represent Spangler as saying as he slapped him? A. “Hush up; hush up: you know nothing about it; what do you know about it? Keep quiet;” hushing him up. Q. Did or did not Jacob Ritterspaugh say to you then that Spangler, when he hit him on the fact, said, “Don’t say which way he went”? A. No, sir; he did not. Yüklə 2,75 Mb. Dostları ilə paylaş:
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