[59]
Q. Are you certain of that?
A. I am sure of that.
Q. Nor any words to that effect?
A. Nor words to that effect.
Cross-examined by Assistant Judge Advocate Bingham:
Q. Can you tell just exactly the words he did say, that you have sworn to already?
A. Yes, sir.
Q. State them.
A. “Shut up: what do you know about it? hold your tongue.”
Q. That is what Jake said?
A. That is what Spangler said to Jake.
Q. Are you not reporting what Jake said, or reporting what Spangler said?
A. I am reporting what Spangler said and what Jake said.
Q. We are not asking you for what Spangler said: we are asking you what Jake said. State, if you please, what Jake said on that occasion, and exactly what you have sworn he said, and all he said.
A. I will, as near as I can recollect. As he told me, he said, “I followed out the party, was close at his heels, or near to him; and I said, ‘that is Booth; I know him; I know him;’” or words to that effect, as near as can be.
Q. Jake said he followed out the party, close to his heels?
A. Near to him.
Q. And that he knew who that was?
A. He did not say that he followed the party.
Q. I am asking you what he said. Did you not swear just now that he said he followed the party close to his heels?
A. He was near him.
Q. Did you or did you not swear that he said he followed the party close to his heels?
A. You know whether I swore it or not.
Q. I ask you whether you did swear to it or not?
A. I say he did.
Q. Very well, then, stick to it. Then Jake said he followed the party close to his heels?
[60]
A. Yes, sir.
Q. And he knew who he was?
A. Yes, sir.
Q. What more did Jake say? Did he say he came back after following him close to his heels?
A. No: he received a blow from Spangler, and that shut him up.
Q. Do you swear now that Spangler followed the man close to his heels?
A. No, sir.
Q. Then how did they fix it?
A. Spangler was standing in the way.
Q. While Jake was following the man close to his heels?
A. No: not at all.
Q. How was that?
A. Spangler, I suppose—
Q. You need not state what suppose, state what Jake said; that the only question before the Court.
A. That is what I have stated.
G. W. Bunker,
recalled for the accused, Edward Spangler.
By Mr. Ewing:
Q. State your occupation.
A. I am a clerk at the National Hotel.
Q. State whether, after the assassination of the President, you found any articles in Booth’s room at the National Hotel?
A. I packed Booth’s baggage at the National, and had it moved into our baggage-room the day after the assassination.
Q. Did you find any carpenter’s tools?
A. I found a gimlet in his trunk.
Q. What did you do with it?
A. I took it, and carried it to my room.
Q. How large a gimlet was it?
A. It was a rather large-sized iron gimlet, or rather a gimlet with an iron handle.
Q. Did you give it to any of the proper military authorities?
[61]
A. I gave it to Mr. Hall, who was attending to Mr. Ford’s business, or doing business for him.
Q. What Mr. Hall?
A. I cannot tell you his first name.
Q. Do you know whether John McCullough, the actor, was in the city of Washington on the 2d of April?
A. I have examined our books to-day thoroughly, and find that the last time John McCullough registered was on the 11th of March, 1865; and he left the hotel on the 26th of March, 1865. His name is not on our books after the date of March 11.
Q. Where was he in the habit of stopping when he came to Washington?
A. He always made his home at the National. I have no knowledge of his ever stopping at any other place.
Q. Did you see him there after the 26th of March?
A. I have not seen him in the city since the 26th of March.
Cross-examined by Assistant Judge Advocate Burnett:
Q. You say you went into Mr. Booth’s room and removed his things after he left?
A. I packed them up.
Q. Can you inform the Court what rooms Mr. Booth occupied there from the middle of December on?
A. I cannot without returning to the hotel.
Q. You say you cannot, without referring to your books, give the rooms occupied by Booth?
A. Not all of them.
By Assistant Judge Advocate Bingham:
Q. What size did you say that gimlet was? Was it a large or a small one?
A. I should judge from memory that it was about the size of that pen-holder (pointing to an ordinary-sized pen-holder on the table).
Q. Which part of the pen-holder,—the base of it?
A. The centre of it.
Q. The stem of the gimlet was about that size?
A. Yes, sir.
[62]
Q. It was a gimlet with a metal handle?
A. Yes, sir.
Q. Was there only one?
A. Only one.
Charles B. Hall,
a witness called for the accused, Samuel Arnold, being duly sworn, testified as follows:—
By Mr. Ewing:
Q. State where you have been living for the past two months, and what has been your occupation.
A. I have been stopping at Mr. Wharton’s. I was a clerk for Mr. Wharton.
Q. Where is that?
A. At Fortress Monroe.
Q. What is the business of Mr. Wharton?
A. He is a sutler.
Q. Is his store inside of the fortification, or outside?
A. Outside.
Q. At what is called Old Point?
A. Yes, sir.
Q. State whether you are acquainted with the prisoner, Samuel Arnold.
A. I got acquainted with him at Mr. Wharton’s store.
Q. State when he came there.
A. I do not know the exact time: he came there the latter part of March or the first of April; I cannot give the date.
Q. On what day of the week was it?
A. On Sunday.
Q. Sunday was the 2d of April; was that the Sunday he came there?
A. I would not say: it was the latter part of March, or the first of April; I could not say what date it was.
Q. Was it as early as the second of April?
A. I think it was.
Q. State how long he remained there, and what his business was.
[63]
A. He assisted me in book-keeping. I think he staid about two weeks and one day.
Q. Employed by whom?
A. Mr. Wharton.
Q. Did you see him there constantly during that time?
A. No, sir: I was engaged in another place part of the time. Mr. Wharton has the contract for Fortress Monroe. I was engaged there from about seven o’clock until two. I had business then at the lower store; and at about five o’clock I would return.
Q. Did you see him every day?
A. Every day.
Q. Will you state whether or not, and if so, when, Arnold made any application for employment?
A. I think it was about the first of March that he made the application,—somewhere in March. I would not say positively; but I think it was in March.
Q. Was the application in writing?
A. Yes, sir.
Q. Do you know what became of Arnold’s letters?
A. Major Stevens, a Government officer, has got them.
Q. Will you state how many letters he wrote applying for the position?
A. I only know of that one. That’s the only one I saw.
Q. Who answered it?
A. I did.
Q. At what time was the answer written?
A. I could not tell that.
Q. About how long was it before Arnold came?
A. I think it was about a week.
Q. Will you state what answer was made to that application?
A. I wrote for him to come.
Q. Did you see Arnold at night every night during the time of his employment?
A. Yes, sir; every night.
Q. Where did he stay?
A. At the lower store, Mr. Wharton’s.
Q. Where did he sleep?
[64]
A. At Mr. Wharton’s.
Cross-examined by Assistant Judge Advocate Bingham:
Q. You were not acquainted with him at all before he came there?
A. No, sir.
Q. And he opened the correspondence himself? As far as you know, he began the correspondence himself?
A. As far as I know, he did.
Q. In the month of March last?
A. Yes, sir.
George Craig,
a witness called for the accused, Samuel Arnold, being duly sworn, testified as follows:—
By Mr. Ewing:
Q. State where you live, and how you have been employed within two months past.
A. I have lived at Old Point, and have been employed in Mr. Wharton’s store as a salesman.
Q. Have you seen the prisoner, Samuel Arnold?
A. I have, sir.
Q. When.
A. I saw him about the month of April.
Q. State at what time you saw him first.
A. The latter part of March, or first of April.
Q. On what day of the week?
A. On Sunday.
Q. On what boat did he come?
A. I cannot tell: I do not know.
Q. How long did he remain there?
A. About two weeks, to the best of my knowledge.
Q. What was he doing?
A. He was a clerk in Mr. Wharton’s establishment,—chief clerk, I believe.
Q. How often did you see him during his stay there?
[65]
A. I saw him every day: I could not tell how many times a day I saw him.
Q. But you saw him every day during that time?
A. Yes, sir.
Q. Up to the time of his arrest?
A. Yes, sir.
James Lusby,
a witness called for the accused, Mrs. Mary B. Surratt, being duly sworn, testified as follows:—
By Mr. Aiken:
Q. Where do you reside?
A. Down in Prince George’s
Q. Are you acquainted with John M. Lloyd?
A. I am not very much acquainted with him. I got acquainted with him since Christmas.
Q. State whether you were at Marlboro’ in April last?
A. Yes, sir: I was.
Q. On what day of the month was it?
A. I do not know exactly what day of the month it was. It was on Good Friday, if any of you know what day that was. It was the same day that Mr. Lincoln was killed.
Q. The 14th of April last?
A. Yes, sir.
Q. Did you meet Mr. Lloyd at Marlboro’ on that day?
A. Yes, sir.
Q. Did you see Mr. Lloyd in the evening of that day at Surrattsville?
A. He and I went there together from Marlboro’.
Q. What was Mr. Lloyd’s condition at the time?
A. He was very drunk, I think.
Q. Did you arrive at Surrattsville any time at all before he did?
A. About a minute and a half. I drove him to the bar-room door, and he went around to the front door.
Q. Which door did he go to?
A. He went up to the front door.
[66]
Q. Did you see the prisoner at the bar, Mrs. Surratt, there that day?
A. Yes, sir: I saw her just as she was about to start to go home.
Q. State the circumstances in regard to her buggy; whether she was ready to go or not at the time Mr. Lloyd drove up.
A. The buggy was standing there at the gate, and she left in fifteen or twenty minutes after we drove up. That is all I know.
Cross-examined by Assistant Judge Advocate Bingham:
Q. Did you drive, ride, or walk, on that day?
A. I was in a little wagon.
Q. You took your little wagon to one side of the house, and Lloyd took his to the other?
A. Yes, sir: I went to the place they called the bar-room front.
Q. You went to the side that led into the bar-room?
A. Yes, sir.
Q. And Lloyd went with his wagon to the other side?
A. Yes, sir; in his carriage.
Q. To the other side of the house?
A. Yes, sir.
Q. On the other side of the house, to which Lloyd went, there is a yard?
A. Yes, sir; a front yard.
Q. And there is a kitchen back there?
A. The kitchen is on the other side.
Q. That opens into that yard?
A. No, sir: the kitchen does not.
Q. It stands in it?
A. It stands out back in the pines from the front.
Q. It is in the yard, anyhow?
A. No, sir; it is not in the yard.
Q. It connects with it somehow. Is it in the street?
A. The kitchen is joined on to the house; but the yard is paled in separate from the kitchen.
Q. But it is not paled between the yard and kitchen, is it?
A. Yes, sir.
[67]
Q. Is there a door that opens from the kitchen out near the fence into that yard?
A. I was never around in the kitchen.
Q. Then you do not know?
A. I was never around there: I have seen it from the road.
Q. You do not know whether it has a door opening there or not?
A. No, sir.
Q. You do not know whether they get into that kitchen through a door, or go down the chimney?
A. No, sir.
Q. You do not know what Lloyd did around there?
A. Indeed I do not.
Q. When you came there first, where did you go?
A. I went into the bar-room to get a drink.
Q. Who did you see when you came first? You did not see Mrs. Surratt in there, did you?
A. No, sir.
Q. You did not see her in the buggy, did you, when you came first?
A. No, indeed, sir.
Q. You did not see her at all when you came first?
A. No, sir; not when we came first.
Q. Not until you got through with your drinking?
A. I disremember whether I had got a drink before I saw her or not.
Q. And do you know what took place in the mean time, after Lloyd went around the house, while you were getting your drink?
A. No, sir.
Q. You say Lloyd was drunk?
A. I should call him drunk.
Q. How do you know he was drunk?
A. I have seen him before.
Q. How do you know he was drunk?
A. I thought so from his looks.
Q. Did you see him drink?
A. Yes, sir: I had taken drinks with him.
Q. Which drank the most?
[68]
A. I never measured mine.
Q. Do you think you were as tight as he was, or not?
A. Not quite, I think: I do not know.
Q. Do you think you were even with Lloyd after got up there and got your drink?
A. I never try to keep even with any person when I am drinking.
Q. But you had the advantage: you drank by yourself while he went around by the kitchen.
A. Then I might.
Q. Do you think you got up with then?
A. I do not know.
Q. You do not know which then was best off?
A No, sir.
Q. Are you not mistaken altogether as to the man that was drunk on that day?
A. I do not understand you.
Q. Are you sure you know which of you it was, you or Lloyd, that was drunk?
A. I think Lloyd was very drunk, myself.
Q. But you think you were drunk too?
A. No: I do not think I was drunk.
Q. I though you said you got drunk too?
A. I did not say I was drunk. I said I had been drinking, and that I had taken drinks with Lloyd.
Q. And drank without him?
A. I reckon I drank right smart before I met him, in the course of the day. I was not with him all day long.
Q. You kept drinking all that day?
A. I was summoned on a trial; and, after the Court adjourned, I had taken one or two glasses.
By Assistant Judge Advocate Burnett:
Q. Do you live at Surrattsville?
A. No, sir.
Q. Where do you live?
A. Below Surrattsville.
[69]
Q. How far?
A. About a mile and a half.
Q. What has been your business for the last two or three years?
A. I have been farming.
Q. Have you been there all the time?
A. Yes, sir.
Q. Never been away from home during the war?
A. No, sir: I have never been away from home any farther than Washington in my life.
Q. You have been there all the time?
A. Yes, sir.
By Mr. Aiken:
Q. You are satisfied that Mr. Lloyd was drunk on that day?
A. Yes, sir: he was drunk, I am sure.
By Assistant Judge Advocate Burnett:
Q. He was not so drunk but what he could drive into the yard straight enough?
A. A man might be drunk, and his horse might carry him there.
Q. He drove his own horse?
A. Yes, sir: I believe he did.
Q. He drove around into the back yard with his fish: he knew where to go to the entrance to the kitchen?
A. I suppose he knew where to go, or the horse did: one or the other did.
Q. He knew enough to take the fish up to the kitchen?
A. I never saw him take the fish out.
Q. You know that he went in that way?
A. He drove up to the front gate, I know.
Q. And drove through the gate into the yard?
A. No, sir: he did not drive into the yard; he drove up to the gate.
Q. And then he got out?
A. Yes, sir.
Q. Who was with him?
A. No one.
Q. Did you see him get out?
[70]
A. No, sir.
Q. Did you see him fix Mrs. Surratt’s buggy?
A. No, sir.
Q. You do not know any thing about that?
A. No, sir.
Q. How long had you seen him before he arrived at the house?
A. I came with him all the way along from Marlboro’, sometimes behind him, and sometimes in front on him.
Q. How far is it from Marlboro’?
A. Twelve miles, I believe.
Q. How many hours does it take to come from there?
A. With fast driving, you can come from there in two hours and a half, or maybe less time than that.
Q. Did you stop and get any drinks on the road?
A. No, sir.
Q. You came in two hours and a half, and the last drink he had was at Marlboro’?
A. We had a drink before we started.
Q. You did not have to help him into the buggy?
A. No, sir.
Q. He drove all the way home?
A. Yes, sir.
Q. And was two hours and a half coming?
A. I do not know exactly whether it took two hours and a half or not.
Q. That would be the ordinary drive?
A. It is my belief that it would take a man that long.
Q. Driving at ordinary speed?
A. We drove along pretty brisk.
Q. At ordinary speed?
A. Yes, sir.
Matthew J. Pope,
a witness called for the accused, George A. Atzerodt, being duly sworn, testified as follows:—
By Mr. Doster:
Q. Will you state where you live, and what your business is?
[71]
A. I live at the Navy Yard, and keep a livery-stable.
Q. Do you not keep a restaurant also?
A. Yes, sir: I did for a while, but I do not now.
Q. Will you state whether or not, about the 12th of April, a person called at your house, and wanted to sell a dark-bay horse?
A. There was a gentleman called at my stable, I do not exactly know on what day, to sell a bay horse.
Q. What kind of a looking horse was that?
A. A large bay horse, blind of one eye.
Q. How old did the horse seem to be?
A. I do not know: I did not take any particular notice of his age.
Q. Did you examine the horse?
A. I do not know rightly whether I did or not: I did not take particular notice of him.
Q. Do you remember the person that brought the horse there?
A. I do not know whether I would know him again if I were to see him or not.
Q. Look at the prisoner Atzerodt, and say whether that is not the man that brought that horse there. [The prisoner, George A. Atzerodt, stood up for identification.]
A. I do not know: I do not recognize him. He has something of the same features; but, if that is the same man, he is not near as stout, as when he brought the horse to my stable. He was very much such a looking man. The features look like the same features; but his face is not familiar to me now. If that is the same man, he is not near as stout as he was then. I cannot tell positively whether he is the same man or not. I did not take much notice of him. He asked me if I wanted to buy a horse. I said no; that I had no use for him; that I had more horses than I had use for, and did not want it.
Q. You say you do not remember the date: do you remember the time of day it was?
A. It was some time in the afternoon. I do not know exactly what time; but I know it was after twelve or one o’clock,—between that and night.
Q. Did he stay there the rest of the afternoon?
[72]
A. His horse stopped at my stable some two or three hours, I think. He went over to my restaurant, and took a drink there, and went away from there with a man by the name of John Barr. They came back together; and the gentleman that brought the horse—I do not know his name—took the horse out, and rode him away.
Q. He staid there, then, from about twelve o’clock until night?
A. It was near night. I do not know what time he came there: it was somewhere between twelve and two o’clock.—I do not know exactly.
Q. You say he went away with a man by the name of Barr?
A. Yes, sir.
Q. You do not remember that this man Barr was drunk at the time?
A. John had been drinking a little. I do not know whether he was drunk or not; he was not sober.
Q. Was not this man Barr one of the mechanics of the Navy Yard?
A. Yes, sir: he carried on wheelwrighting in the Navy Yard.
Q. Was not this the very day of the celebration that the mechanics had,—at the illumination?
A. That I do not know exactly. I did not take any notice of that. I do not know whether there was any holiday or not.
Q. You are very certain, however, that this was before the assassination of the President?
A. Oh, yes sir! it was several days before: I do not know exactly how many, though. I cannot tell much about it, because I took very little notice of it. There are so many who call at my stable to sell horses, that I did not take any notice of it then. I keep a public stable there, and there are a great many applications for buying and selling all the time.
Q. Have you or not since found an umbrella that belonged to the prisoner that he left there?
A. Yes, sir: an umbrella was left there that night. Whether he has got it since that, or not, I do not know.
Q. You are sure the prisoner left the umbrella there?
A. I did not hear the bar-tender say whether he got it or not.
[73]
Q. Are you sure that was left by the prisoner?
A. It was left by the gentleman that brought the horse to my stable: whether it was the prisoner or not, I do not know; I could not swear to that.
By Assistant Judge Advocate Bingham:
Q. And at the same time he brought the horse, I suppose?
A. Yes, sir: I think it was raining the same day.
Margaret Branson,
a witness called for the accused, Lewis Payne, being duly sworn, testified as follows:—
By Mr. Doster:
Q. State where you live.
A. At 16, North Eutaw Street, Baltimore.
Q. State whether or not you have ever seen the prisoner Payne.
A. Yes, sir: I have.
Q. Where did you first meet him?
A. At Gettysburg.
Q. When was it that you met him at Gettysburg? Do you remember the time?
A. I do not remember.
Q. Was it about the time of the battle of Gettysburg or not?
A. It was immediately after the battle of Gettysburg.
Q. What were the circumstances under which you met him?
A. I was there as a volunteer nurse.
Q. What was the condition of Payne, and under what circumstances did you meet him?
A. He was in my ward, and was very kind to the sick and wounded.
Q. Was he or not a nurse at that time?
A. I do not know that he was.
Q. Was he or not a soldier?
A. I do not know that he was.
Q. Did he have on any uniform?
A. No, sir.
Q. Was he dressed as a citizen?
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