Conspiracy trial for the murder of the president



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[211]
A. I do not know; but the impression I have formed of him is, that he will say things are so which are not so, and will make himself believe that they are so.
E. D. R. Bean,
a witness called for the accused, Samuel A. Mudd, being duly sworn, testified as follows:—
By Mr. Ewing:
Q. Are you acquainted with the prisoner, Dr. Samuel A. Mudd?

A. I am.


Q. What is your occupation and residence?

A. I am a merchant in Bryantown.

Q. Did he make any purchase of you the day after the assassination of the President?

A. I cannot remember positively whether it was the day after the assassination of the President. I remember him buying some goods from me; and I think, from circumstances, it must have been that day.

Q. What articles did he purchase?

A. I think I sold him some calico: that is the only particular article I remember.

Q. State what you heard that day in Bryantown as to the assassination of the President.

A. I heard that day that the President was assassinated. When I first heard it, I asked by whom; and my impression is, that, when I heard it, it was said to be by Boyle.

Q. Who is Boyle?

A. I believe he is the man who is said to have killed Captain Watkins.

Q. Was he a noted desperado in that neighborhood?

A. I believe so: he had that reputation.

Q. Did you during that day hear that it was Booth who had assassinated the President?

A. I cannot positively say whether I did or not.

Q. What is your impression?
[212]
A. My impression is that I did not that day understand that it was Booth.

Q. Were the soldiers in and out of your store that day?

A. Yes, sir.

Q. And citizens?

A. Yes, sir.

Q. Was not the subject the general topic of discussion?

A. It was.

Q. Did you have a conversation with the prisoner, Samuel A. Mudd, that day, as to the assassination of the President?

A. The day I sold him the calico, I had some conversation with him; and that circumstance leads me to think it was the day I heard of the assassination.

Q. What was the conversation?

A. I remarked to him that there was very bad news. “Yes,” said he: “I am sorry to hear it.”
Assistant Judge Advocate Bingham objected to the witness stating the conversation between him and Dr. Mudd; but, inasmuch as the witness had already partly answered the question, he would allow the answer to stand as far as it had gone.
By Mr. Ewing:
Q. What else did Dr. Mudd say in regard to the assassination of the President?
Assistant Judge Advocate Bingham objected to the question and the Commission sustained the objection.
By Mr. Ewing:
Q. It was from the conversation you had with Dr. Mudd in regard to the assassination of the President that you are enabled to fix that as the day when he made the purchase of calico?

A. That led me to believe it was the day because I remember his remarks.

Q. What is the distance from here to Surrattsville?

A. I believe it is generally called ten miles from the Eastern Branch Bridge to Surrattsville. I have always heard so.

Q. How far is it from there to Bryantown?
[213]
A. I do not know exactly; but I have always understood it to be sixteen miles.

Q. How far is it from Bryantown to Port Tobacco?

A. Thirteen and a half miles, I think.

Q. Is Port Tobacco on the direct road from Surrattsville to Pope’s Creek?

A. I do not know: I never was at Pope’s Creek.
Cross-examined by Assistant Judge Advocate Bingham:
Q. You did find out at some time or other down there that Booth was the man charged with the murder of President Lincoln?

A. I heard so; and that was the general impression, I think.

Q. Now, can you state to the Court when you ascertained the fact the he was charged as the man?

A. Really I cannot name the day.

Q. You do not know but that it was Easter Saturday?

A. It might have been.

Q. You do not know but it was that day?

A. I do not.

Q. Did you not, at the same time that you heard it was Booth who had murdered the President, learn that the same man had been traced to within three miles of Bryantown?

A. I do not know that it was at the same time. I cannot say positively as to that: I heard he was traced within three miles or three and a half miles of Bryantown.

Q. And you heard it about that time, did you not?

A. I cannot say at what time I heard it.

Q. Can you say how you heard it?

A. I do not know. I believe it was a general conversation.

Q. That may also have been on Eastern Saturday afternoon?

A. It may have been.

Q. Do you connect the sale of the calico with that fact as well as the other? Do you connect it with the killing of the President, and with the knowledge that Booth had done it?

A. No: the only reason I remember that was because of what I said to Dr. Mudd at the time.

Q. I am not asking you what you said to him: I am asking
[214]
about the calico. You sold the calico after you heard of the murder of the President?

A. Yes, sir.

Q. And you did hear of the President’s murder on Easter Saturday?

A. Yes, sir.

Q. And you did hear that Booth had murdered him, and do not know but that you heard it on Saturday also?

A. I cannot positively say that I heard that on Saturday or not; but I did not hear it.

Q. And you did hear that Booth had been traced within three miles of Bryantown?

A. I did not hear that on Saturday: I cannot say on what day I heard it.

Q. But can you swear that you did not hear it on Saturday afternoon?

A. I think Dr. George Mudd told me on Sunday.

Q. When did you first hear that Booth had been traced within three miles of Bryantown?

A. That I cannot tell: I do not know what day it was.

Q. Did you hear it on Easter Sunday?

A. I do not think it was until Monday; but I cannot positively say.

Q. How do you know it was on Monday?

A. I cannot positively say.

Q. You cannot positively say that it was on Saturday?

A. I cannot.


By Mr. Ewing:
Q. Your impression is that you did not hear on Saturday that Booth had been traced within three miles of Bryantown?

A. It was my own impression on Saturday that the man was Boyle.

Q. Gathered from information that you got in your store?

A. That was what I first heard. My impression on Saturday way, that it was Boyle; and I do not know at which time I learned it was Booth.


[215]
Q. But you think it was not Saturday that you heard that?

A. I do not think it was.


By Assistant Judge Advocate Burnett:
Q. Was not the information you got brought there to the town by the soldiers?

A. It was.

Q. And whatever they brought there and circulated you heard?

A. I suppose so.


John R. Giles,
a witness called for the accused, Michael O’Laughlin, being duly sworn, testified as follows:—
By Mr. Cox:
Q. Where do you reside?

A. At No. 456, Pennsylvania Avenue, late Rullmann’s Hotel.

Q. What is your occupation there?

A. Bar-tender.

Q. Do you know the accused, Michael O’Laughlin?

A. Yes, sir.

Q. How long have you known him?

A. I have known him personally about four months.

Q. Did you see him on Thursday, the day before the assassination of the President?

A. I did.

Q. At what time of the day?

A. I saw him in the evening.

Q. In what company?

A. I cannot name them all: he was with a good many.

Q. Mention some.

A. Barney Early, Mr. Murphy, Lieutenant Henderson, myself, Purdy, and several others.

Q. Where was it?

A. At our place, 456, Pennsylvania Avenue.

Q. Two doors from the Globe office?

A. Yes, sir.


[216]
Q. At what hour?

A. I saw him early in the evening, and then I saw him about ten o’clock.

Q. How long did they remain at your hotel, late in the evening, when you saw them the second time?

A. They remained there till after eleven.

Q. Did you join them, and go with them?

A. I did.

Q. How late were you with them that night?

A. Until one o’clock.

Q. Did you see them on the next evening,—Friday?

A. I did.

Q. At the same place?

A. Yes: they were there nearly all the evening,—Friday.

Q. Do you know whether O’Laughlin was at your hotel at the time the news of the President’s assassination arrived there?

A. He was.

Q. Do you know what hour that was?

A. I cannot tell the exact hour, but I think it was between half-past nine and ten o’clock.

Q. Do you remember his going out with Fuller?

A. I do.


Q. Your house is owned by Mr. Lichau, I believe.

A. Yes, sir.

Q. Is it the house known as the Lichau House?

A. No, sir.

Q. Where is the Lichau House situated?

A. On Louisiana Avenue, between Four and Half and Sixth Streets.

Q. Where is the Canterbury Music Hall situated?

A. On Louisiana Avenue, between Four and Half and Sixth Streets, right next door to the Lichau House: I don’t know the numbers.


Cross-examined by Assistant Judge Advocate Bingham:
Q. You think the news of the President’s murder came to your house about half-past nine or ten o’clock?
[217]
A. I cannot state exactly; but I think about that time: it might have been after ten.

Q. Or it might have been before ten?

A. Yes, sir; somewhere along there.

Q. You did not look at the clock, and therefore cannot tell?

A. I did not at that time: I was busy.

Q. This man came into your house, you say, about ten o’clock for supper?

A. Yes, sir.

Q. And you do not know whether it was ten or eleven when he came in on Friday night?

A. On Friday night, he was there all the evening; was not away from there.

Q. Did you not say a little while ago that he came about ten o’clock?

A. That was on Thursday evening.

Q. Did you say he was at your house all of Friday evening?

A. Yes, sir.

Q. From what time in the evening?

A. From about seven or eight o’clock.

Q. And he was there from seven or eight o’clock until what time?

A. Till eleven o’clock that night.

Q. Was he not out of the door during that time?

A. He was out on the pavement, and in and out drinking?

Q. If he went away at all, do you know where he was?

A. He was not away from the house.

Q. Was he not away from your eyes from seven or eight till ten?

A. Not at all until about eleven o’clock, when he went away with Fuller.
David C. Reed
recalled for the accused, Mary E. Surratt.
By Mr. Aiken:
Q. Are you acquainted with John H. Surratt?

A. I know him by sight.


[218]
Q. What time did you see him last?

A. About two or half-past two o’clock on the day of the assassination, the 14th of April last.

Q. Did you ever have any connection with Mr. Surratt?

A. I cannot say that I have had since he was quite a child.

Q. You have not had any conversation with him for years?

A. Oh, no! I knew him by sight; just a bowing or speaking acquaintance as we passed each other.

Q. Whereabouts were you when you saw him?

A. I was standing on the stoop of Hunt & Goodwin’s military store.

Q. How was his hair cut?

A. It was cut very singularly; cut rounding away down on the coat collar behind.

Q. Had he whiskers or mustache?

A. I did not notice, and cannot say whether he had or had not. In fact, I did not look at his face particularly. As I stated before, I was more attracted by the appearance of the clothing he had on.

Q. You cannot tell whether he wore whiskers or not?

A. I cannot say whether he had whiskers or not.

Q. [Submitting to the witness the photograph of John H. Surratt.] Look at that picture, and see if you recognize it.

A. That is very like the clothing and general appearance of the face, but it is not the style his hair was cut, or as he wore it at the time I saw him.

Q. That certainly could not have been the style of whiskers then, if he had not any.

A. I did not notice any whiskers at all.


By Assistant Judge Advocate Bingham:
Q. That is the picture of John H. Surratt; is it not.

A. From the appearance of the face, it is a fair picture of John H. Surratt. The only thing I notice is, that the hair is not cut as his was on the 14th of April, when I saw him; but the shape of the coat, the style in which it is cut, is precisely the same.


[219]
By Mr. Aiken:
Q. If that picture had not been shown to you as the picture of Mr. Surratt, would you have recognize it as his?

A. I do not know that I should recognize it particularly if I saw it hanging in a window; but if I came to look at it, and examined it, I should recognize it. It is a remarkable face.

Q. In what direction was Mr. Surratt walking on the avenue when you saw him?

A. Going past the National Hotel.

Q. Was he very cleanly in his appearance at the time, or did he look like a traveller?

A. Very genteel; remarkably so.

Q. He did not look like a person right from a long travel?

A. Oh, no! his clothing was very clean. He looked very genteel; remarkably nice.


Anna Ward,
a witness called for the accused, Mary B. Surratt, being duly sworn, testified as follows:—
By Mr. Aiken:
Q. State to the Court your residence.

A. At the Female School in Tenth Street, Washington City.

Q. Are you acquainted with the prisoner at the bar, Mrs. Surratt?

A. Yes, sir.

Q. How long have you been acquainted with her?

A. Between six and eight years.

Q. Have you ever known her or not, on any occasion, to fail to recognize yourself or her friends when you have been with her?

A. Yes, sir. She failed to recognize me on one occasion,—passed me on the street; but her daughter recalled her. I had done the same thing, and she returned and excused herself to me. I said I had to make an apology also; and she said she had passed, when her daughter recalled her.

Q. Are you near-sighted yourself?

A. I am.
[220]


Q. Whereabouts was that in the city?

A. On Seventh Street. I was coming up from the avenue, and she and her daughter were going towards the avenue; and she passed me. Her daughter came after me, and took my arm, and asked me if I did not know my acquaintances: with that she called her mother, who excused herself.

Q. Did you ever have occasion, at any time, to read for her?

A. Yes, sir. I gave her a letter to read once, at her house, some time ago; and, when she took it, she handed it back to me, and asked me to read it; and I think I handed it to her daughter, and I am not quite certain whether Anna or I read the letter. I am certain, however, that Mrs. Surratt said she could not read it. It was by gaslight.

Q. Do you recollect any other occasion when she failed to recognize any friends?

A. I do not know that she failed to recognize any one; but on one occasion, something was pointed out to me, and I was laughed at for not seeing it, as it was pretty close by; and she then said she supposed I was something like herself,—I could not see. I said I could not see any thing at a distance; but I could see pretty close by.

Q. She had the same difficulty?

A. She said she labored under the same difficulty I did.

Q. And you recollect these circumstances on account of your own nearsightedness?

A. Yes, sir: I felt relieved to find that somebody else had the same difficulty I had.

Q. Did you receive a letter not long since from John H. Surratt?

A. I did.


Cross-examined by Assistant Judge Advocate Bingham:
Q. Have you been in the habit of visiting Mrs. Surratt at her house frequently?

A. Not very frequently. I have occasionally.

Q. Down to the time of her arrest?

A. No, sir: the day of the assassination was the last day I visited there.


[221]
Q. On all occasions, when you went into her house, and saw her there, did Mrs. Surratt recognize you or not?

A. She did. Once or twice she opened the door for me; and the other times I sent my name to her before she came up stairs.

Q. She always recognized you whenever she met you in the house?

A. Yes, sir.

Q. Did she seem to be quick in recognizing the voice also?

A. I do not recollect.

Q. You did not discover that she was defective in that way?

A. No, sir. She always knew who I was, I believe, before she came to the room.

Q. You were acquainted with John H. Surratt?

A. Yes, sir.

Q. Did you go with him or go alone to the Herndon House to engage a room for any one?

A. I did not engage a room there. I simply went there to ask if there was a vacant room.

Q. When did you do that?

A. I do not recollect. It seems to me it has been a long while ago.

Q. Was it last winter?

A. I think it was. I do not recollect what time.

Q. Was it probably last February?

A. It may have been.

Q. Or perhaps in March?

A. I do not remember, indeed.

Q. Did you go to retain it on behalf of a delicate gentleman?

A. No, sir.

Q. Did you go to retain it for a gentleman?

A. I did not know for whom it was.

Q. Have you met any of the prisoners at the bar before?

A. I cannot see them well enough to know. I do not think I have, though.

Q. I mean before the assassination of the President?

A. Not that I know of.

Q. Did you meet strangers at Mrs. Surratt’s house?
[222]
A. I met one there,—Mr. Booth.

Q. Did you meet any other gentleman there except John H. Surratt?

A. Yes, sir: I met two gentlemen who were boarding there.

Q. What were their names?

A. Mr. Weichmann and Mr. Holohan.

Q. Did you get a letter from John H. Surratt, postmarked Montreal, Canada East?

A. Yes, sir.

Q. When did you receive it?

A. I do not recollect the date of the first, but the second one I received on the day of the assassination. It was that which took me to Mrs. Surratt’s that day to give it to her.

Q. You received the first one before that?

A. Yes, sir.

Q. How many days before that?

A. I do not recollect.

Q. Not many days before, I presume?

A. Not long before; I think, a very short interval before.

Q. Perhaps within one or two days?

A. It might have been, or perhaps a little longer.

Q. Did you deliver both of those letters to Mrs. Surratt?

A. Yes, sir: I delivered one to her; and the other I gave to her daughter, when I called, and she was not at home.

Q. Have you seen them since?

A. No, sir.

Q. Have you received any other letters from John H. Surratt since that date?

A. No, sir.

Q. Did you answer either of the letters referred to?

A. I did not answer either of those. I answered the two letters he wrote to myself. The two letters to which I have referred were to his mother.

Q. How did you come by them?

A. He enclosed them to me.

Q. When you received two letters addressed to yourself, and two to his mother?


[223]
A. Yes, sir.

Q. And they were all about the time of the President’s assassination?

A. I do not recollect when they were. They were about the same time, though, after he left home.

Q. They were very near to the time of the President’s assassination?

A. Yes, sir.

Q. They were post-marked Montreal, Canada?

A. Yes, sir.

Q. You have not got any of them?

A. No, sir.

Q. You delivered them to his mother?

A. Yes, sir: I supposed she would be glad to hear from him.

Q. Do you know whether the letters to yourself have been destroyed?

A. I do not. I left them with his mother; and I never inquired for them again.
By Mr. Aiken:
Q. You state that you did not say any thing about a room for a delicate gentleman?

A. I did not, to my recollection; and I think I could have recollected it.


By Assistant Judge Advocate Bingham:
Q. Did you not ask for a room for a man?

A. I did not. I did not know it was for a man. I did not know for whom it was. I simply asked if there was a vacant room at the house.

Q. Who went with you?

A. No one. I was on my way to the post-office, and stopped in.

Q. You are not able to fix the time, but think it might have been February or March?

A. It might; I do not know: I have not an idea.


By Mr. Aiken:
Q. Have you known Mrs. Surratt as a lady always attentive to her Christian duties as a member of the church?
[224]
A. I have not been very intimate with her; but she always bore the character of a perfect lady, and a Christian, as far as my acquaintance with her extended.

Q. You have stated the only occasions you recollect when there were exhibitions of her defective eyesight, to your knowledge?

A. Yes, sir.
By the Court:
Q. Do you attend the same church with Mrs. Surratt?

A. I do.
Joseph S. Sessford,


a witness called for the accused, Edward Spangler, being duly sworn, testified as follows:—
By Mr. Ewing:
Q. State the business you were employed in on the 14th of April last.

A. I was ticket-seller at Ford’s Theatre.

Q. How long were you at the ticket-office during the day or night?

A. My business commenced at about half-past six o’clock in the evening.

Q. State whether any of the private boxes, except those occupied by the party of the President, were applied for during that evening.

A. No, sir.

Q. Had any of the tickets for those boxes been sold during the day?

A. I think not.


Assistant Judge Advocate Burnett stated to the Court that he had received the following communication from the counsel for Lewis Payne:—

Washington, D.C., June 3, 1865.

Colonel Burnett, Judge Advocate.

Colonel,—I have the honor to request that permission be granted or instructions given Dr. Charles Nichols, Superintendent
[225]
of the Government Asylum for the Insane, to make a personal examination of the prisoner Payne concerning his condition as to sanity.
[Assistant Judge Advocate Burnett. That has been done.]
I have the honor to request also that the Court may not close the defence, as far as the prisoner Payne is concerned, until he shall have an opportunity of showing, by his father, George C. Powell of Florida, Captain Dolly Richards, and Mr. John Grant of Virginia, his antecedents,—the bearing of his family history upon his own sanity and his previous life,—and until Dr. Nichols may be ready to report upon the case.

Very respectfully,

Your obedient servant,

W. E. Doster, Counsel for Payne.
Without acting on the application, there being no further witnesses in attendance for any of the accused, the Commission adjourned until Monday morning, June 5, at ten o’clock.
———————
Monday, June 5, 1865.
The Court met at the usual hour, and took the following testimony:—
William A. Evans,
a witness called for the prosecution, in rebuttal, being duly sworn, testified as follows:—
By the Judge Advocate:
Q. State where you reside.

A. I reside in Prince George’s County, Md.

Q. What is your profession?

A. I am a Presbyterian minister.

Q. When did you leave your church in that county?

A. I was compelled to leave my church in 1861 because of my loyalty and devotion to the Union.


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