Evening Star Newspaper, June 29, 1865, Page 1

! ‘i THE EVENING STAR: UBLISHED DAILY, (EXCEPT SUNDAY.) ©, &#T THE STAR BUILDINGS, , Roudhwest corner of Penn’a avenue and 11ih ttreet,| 3. By W. D. WALLACH, —_—_—_—— The STAR is served py tha carriers to ‘metr mbscribers in the Olty and District for, ‘TWRLVE-AND-a-HALP CENTS PER WERE. Pride yor MAILINe:—Single copy, Taree Dents; one month, Seventy-five Cents; three months, One Dollar and Fifty Cents; six months, Tiree Dollars; one year, Siz Dollars. Nopapers &re sent from the office longer than paid for. The WEEKLY STAR—publisked on Fri- @ay morning—One Dollar and a Half a year. AMUSEMENTS: CANTERBURY HALL, USIC_) CANTERBURY HALL (_ MUSIC we or] CANTERBURY HALL (HALL ayn} OANTERBURY HALL )_ “ann, THEATRE) CANTERBURY HALL (THEATRE LOUISIANA AVENUE, sean Sixtu Starrs, Rear of National and Metropolitan Hotels. GEORGE LEA «Proprietor, Aleo, of the Varieties. New York, and Canterbury, Alexandria, Va. TOEH HART..0.cc.-ccscsseseseeeesseene tage Manager COOL AND PLFA COOL AND PLEAS: SUMMER ENTERTAINMENTS, SUMMER ENTERTAINMENTS. a7 158 mF ls_ee NEW PERFORMERS, NEW PERFORMERS. THE MIACO BROTHERS, THE MIACO BROTHERS, THE MiACO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS, THE MIAOO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS, THE MIACO BROTHERS. 1 Gymnasts, whe have surprised Pvt Sree epee day mie their thrilling and featson the Double Trapeze, Flyi antounding fst OF raculous LEAP SOR Lite i eXoeptions, the most Bhete Prats aets ined’ GeMNanes tse World. They offer a challenge of 1,000 DOLLARS 1,000 DOLLARS. 1,000 DOLLARS To any performers te compete with them, The Enchanting Spanish Danseuse, MISS FA NY THOMPSON, MISS FANNY THOMPSON MISS FANNY THOMPSON, MISS EMMA MARSH, MISS EMMA MARSH, MISS EMMA MARSH, MISS EMMA MARSH, MISS EMMA MARSH, ' Miss EMMA MARSH, The Oaptivating Little Beauty. —_——_—$——$_————— J MISSES KITTY Se GLEMAX KATE MAN, JENNIE BOYD, MARY AND CARRIE GARDNER, aD T2028 a7 20-8 OPHER ENCHATNING SYRENS, OTHER ENCHANTING SYRENS, OTHER ENCHANTING SYRENS. Possessing each the grace and enchantment of oddesses. resembling in form aud Erna vators of the famed Telemachus. MULLIGAN. MULLIGAN. MULLIGAN. HN HN JOHN BILLY EMERSON BILLY EMERSON, BILLY EMERSON, JOSH BAR JOSH HART, JOSH HART, NY REDDEN, Y¥ REDDEN, JOHNNY REDDEN, SYLVAS CLARKE, SYLVAS CLARKE, - SYLVAS CLARKE, ‘With several other well-known performers, IE JOHNSON, IE JOHNSON, CHARLEY KANE AND J CHARLEY KANE AND JEN) In their laughable Duetts. CHANGE OF PROGRAMME +E OF PROGRAMME 7E OF PROGRAMME NGE OF PROGRAMME NIGHTLY. NIGHTLY. NIGHTLY. ENTIRE ENTIRE C ENTIRE CH MATINEE MATINEE MATINEB MATINEE ON SATURDAY, AT CHEAP PRICES. ON SATURDAY, AT CHEAP PRICES, FOURTH OF JULY, TWO PERFORMANCES. FOURTL OF JULY, TWO PERFORMANCE: FOURTH OF JULY, TWO PERFORMANCES. FOURTH OF JULY, TWO PERFORMANCES. EXTRA NOTICE. FRIDAY EVENING, JUNE 36 COMPLIMENTARY BENEFIT To BMITH AND J. B. SIPE. Wher a fine bill will be offered. a,c lition to the Begular Company, several teers will ap Year, agaong Whom will be found the FRANKLIN BROTHERS, BDoudle-clog Dancers. cp Btsiopian Delineator. MASTER MORISEY. ips bseithe beece: JOHNY KEESE, Comic Vocalist. HARRY GILBERT. Banjo Player. MISS NAOMI PORTER, a= Champion dig Dancer. SMAN ADA TESMAN: The Accomplished Vocalist, And, with others, forms the GREATEST COMBINATION OF TALENT offered this season. —_—____—_-# \ REMEMBER FRIDAY EVENING. f ———— = Vet, XXV. AMUSEMENTS. @ROVER’S NEW THEATER. Pennsylvania Avenue, near Willard’s, hured: EVENING, JUNE, oO! rea’ mer 38 BD appears in 0! ewhich MBE WiTOd OF LYNN. Firat ayecarance, she Charming Actress, SS ANRIM Ww Erg Opostans pizest cheater, Ealisdelyhis. e XO} van! af am seuse, MAM OLLS AUG . Ar AUGUSTA In one of aor m ost finished’ efforts TO MORROW, (FRIDAY,)NIGHT. JUNE %, Poe wee ARRAN saat MATIN ‘AMERICAN AFTERNOON, TUNBDAY, JULY 4 __TWO GRAND GALA PERTORMANOES. Ness SUSAN DBNIN RESPECTFULLY AN- nounces to ker friends and the public that through the kindness of Mr. C. D, she enabled to announce THURSDAY, the 29h ast! time fixed upon for her PARBWELL BENBFIT, on which oceasion she hopes her friend! d the ublic generally will come en masse, a8 pi @ taken to Sogn @ billof great attraction. Trusting that her efforts to please during the time she has been engaged with Mr. Grover have been appreciated, she confidently trusts to the Washington public to reward her. je26-4t OXFORD: OXFORD: OXFORD! MUSIC HALL AND THBATRE, Minth street, fronting om Pennsylvania avenue UNDOUBTEDLY THE COOLEST P AMUSBMENT IN THE ory" de IMMBNEE SUCCESS OF THE NEW OOMPANY. Second week, and still more startling perform- ances of LE PETIT ANGELO, LE PETIT ANGELO, in bis great act of ZAMPILABROSTATION, ZAMPILABROATATION week of ANPEEW J. LEAVITT. . FRANK DONALDEON, |. al . ‘Ss together with the whole of the Li 1d . On COMPANYS we sented consisting of fifty performers FRIDAY, JUNE 30rn. BENSFIT OF M’LUB LOUISE ROLETTS. [ATINEB BEVERY WBDNEsDAY. Frise ewordks: FIRBBWORKS!! The largest assortment in the city. FLAG 8! LANTERNS! LANTERNS! ef all kinds. For Inuminations, &c. 1 Boman Candles ines. cro Wheels, Fine Bxniviti ky Rockets, Fire Crackers” F1ece% ‘in Wheels, ulling Crack Triangles, ‘01 lees, Vertical Wheels, Flotillas, Bazon Wheels, hinese Bombs, una Flyers. loons, Fiying Pigeons, ‘oy Canpens, Berpents, ker Pistols, Grasshoppers, ‘Torpedo and Cracker Pis- power ‘ots, to oe new 8, Transpsrent Lanterns, Drums, 8 mgaletver. new, Come everybody and get your supplies for the GLORIOUS FOURTH. For the Star Spangled Banner still floats on the breeze Mot a star of it slory’s gone out; OW, long may it wave o’er the land of the brave, Yor the Union, the Union, we'll shout. The ttade supplied at BOBWELL’S Grest National Fisg ana Fireworks Depot, 302 E street, near 14th, Je24-eotJuly4 [Chron.] above Grover’s Theater, G. > suitas ° WILD CHERRY TONIC BITTERS. This PROPHYLATIC is sold by all Droggists and Grocers. This great PANACEA has been established 20 years. Its medical properties are TONIC, ASTRINGENT AND AROMATIC. It will eradicate all dersngement of the STOM- ACH and BOWELS. It gives STRENGTH AND BEAUTY TO THE YOUNG, REJUVENATES THE OLD, Cures DYSPEPSIA, LOSS OF APPETITE, INDIGESTION, LASSITUDE OF SYSTEM, CHRONIO DIARRH@A, DYSENTERY, JAUNDICE, AGUE AND FRVER. OBTAIN A CIRCULAR, in which will be found testimoniala of PEOPLE WELL KNOWN in Washington. je 3-Im (iirrox HELLEN, Late Paymaster U. 5. Navy, ATTORNEY FOR THE PROSEOUTION OF OLAIMS BEFORB THE DEPARTMENTS OF THE GOVERNMENT. Claims for Prize Monéy, Lost Clothing, Bounty, Baek Pay, Pensions, Lost Horses and other prop- erty attended to promptly. Office 29 434 street. Post Office Box 428 Wash ington city, D C. je7-6m I cs. Ick, 108. ‘We have completed our errangements fo tze de of the pure BOSTON FRESH POND ICB. We sell no other. We have one price for the season. We iver promptly, We recuire our drivers to give exact weight. We never fail to ply in she Xs at of penn Mees liberal ages * .T FOWLER & ap2s-tt Tenth street W! N BW F I STONE UGH, COMMISSION MERCHANTS, And Dealers in Butter, Hops, Mait, &c. Will, on the 18T OF JULY, open tha » Btore, No. 377 D street, between 6th an‘ Brewers and Bakers are respectfully solicited to examine our stock, which will be sold at New York Prices. a “i N. B.—Bpecial attention will be given to the Batter Trade. Buyers and consumers will always 4nd a good stock and good bargains at our Hou All kinds of Produce and Merchandise rece and sold on commission, Je 22-3t™ PHADELPHIA ALE AND PORTER. PHILADELPHIA LAGER BEBB. NEW YORK AND MASSACHUSETTS OLDEB. PREMIUM MINERAL WATERS. I desire to call the attention of Sutlers and others in the vicinity of Washington George- town, D. C., to the fact that I have constantly on hand 4 supply of the above enumerated articles. Those wishing to purchase on the most advan- tageous terms are invited to call at my establish- ment and examine the goods, yen Seely notice, Eau daiese the articles an) 0! rn y pest C'RILBY A. BRINN, thi 57 Greene street, $0 oot ee Rpt ecrectorasD.O” BROME’S HAIER COLOR RESTORER FOR w ious 7th, taining and gradually bringing. back the r to its original color without the inconvenience at- tending the use of a dye. id by all druggists 75 cents per bottle. Reg MEDICATED GINGER BREAD NUTS, for worms, unrivaled in efficacy, and pegeliariy sgapted for children, being eaten as an or ual by drogests. Price 25.0en per box, 513 70aN >. BDMOND & 00., 513 613 Tth street, between Dand B, HATIONAL INTELLIGENCER BUILDING, DEALERS I BUILDER'S ,BLACESMITH’S, HOUSEHOLD and GENEBA,, AARDWARE and CUTLERY, Oat and Wrought Nails, Spikes, Horse-shoes and Horse shoe Neil= Rasps, Files, Springs, Axles, Axletrees, Nut, and Washers, Anvils, Vices, Shovels, Picks, Axes, Rope, Glue, Split Cane for chair bottoms, ab ininet dias atbn 518 ee OLS Va) ‘BS AND DISCIPLIN ith t] Bratt) rineiples of Naval Or, é ne By Lent. Dom, ¥. A. Be. pea nOK TAYE. Star. WASHINGTON. D. C., THURSDAY, JUNE 29, 1865. N2. 3,845. THE CONSPIRACY TRIALS. THE SEGURENT OF JUDGE BING- es After our report closed yesterday— Judge Bingham, preceeding with his argu- Ment upon the evidence, and tracing out the course of the conspiracy, took up the Charles Selby letter, found by Mrs Hudspeth in the street cars of New York on the ilth of Novem- ter, and handed by her to Gen. Dix the 8ume day, which was transmitted by Gen. D to the War Department, was delivered to Mr. Lincoln, who considered it important enough to endorse it with the word ‘ assassination,” and file it in bis office, where it was found after the commission of this crime ang brought into this Court to bear witness against his as- sassins. This letter, creeped by Booth, shows most conclusivaly that oth was in New York on the 1ith of November. Although this letter would imply that the assassination spoken of was to take place speedily, yet the party was to bide his time. Though he had entered into the preliminary arrangements in Canada, although conspira- torshad doubtless agreed io co-operate with him in the commission of the crime, and lots bad been cast for the chief part in the blcody drama, yet itremained for him as the leader and principal of the hired assassins, by whose hand vheir employers were to strike the mur- derous blow, to collect about him and bring to Washington such persons as would be wil- ling to lend themselves fora price to the hor- rid crime and likely to give the necessary aid eupportin its consummation. The letier ce- clares that Abraham Lincoln must die, and now, Meaning as soon as the agents can be em- ployed and the work done. ‘oO thatend you ‘will bide your time. But, says the gentleman, it conld not have been the same conspiracy charged here to which this letter refers, Why not? It is charged here that Booth, with the accused and others, conspired to kill and murder Abraham Lincoln—that is precisely the conspiracy disclosed in the letter. Granted that the parties on trial had not then entered into the combina- tion; if they at any time afterward entered into it they became parties to it, and the con- spiracy was stillthe same. But, says tbe gen- tleman, the words of the letter imply that the conspiracy was to be executed within the fort- night. Booth is directed, 4 the name of Louis, to meet the writer within the fortnight. It by no means follows that he was to strike within the fortnight, because he wasto meet his co- conspirator within that time, and any such conclusion isexcluded by the words ‘Bide your time.” Even if the conspiracy was to be executed within the fortnight, and was not 80 executed, and the same party, Booth, atter- wards by concert and agreement with the ac- cured and others did execute it by “striking sure” and killing the President, thatact when- ever done would be but the execution of the same conspiracy. The letter is conclusive ev- idence of so much of this conspiracy as relates to the murder or President Lincoln: As Booth was todo anything but fail, he immediately thereafter songht out the agents to enable him to strike snre, and execute all that he had agreed with Davis and his co-confederates in Canada to do—to murder the President. the Secretary of State, the Vice President, Gen’) Grant and Secretary Stanton. Even Booth’s co-conspirator, Payne, now on his trial, by his defense admits all this, and ane Booth had just been to Canada, ‘was fled witha ary acnemiee and was lying in wait for agents.” Booth asked the co-opera- tion of the prisener Payne, and (eS wil movey-as you 5 bal HY? ToAnte wear to stick by me. It is in pte ep na tial 1 TER ETB eS earky me Sire Withece against itself. We find Booth in New York in November, December, and January, urging Chester to enter into this combination, aseuring him that there was money In it; that they had “friends on the other side;” that if he would only par- ticipate in it he would never want for money while he lived, and all that was asked of him was to stand at and open the back door of Ford’s Theater. Booth, in his interviews with Chester, confesses that he is without money bimeelf, and allows Chester to reimburse him the #50 which he (Booth) had transmitted to him ina letter for the purpose of paying his e s to Washington as one of the parties téthis conspiracy. Booth told him, although he himself was penniless, ‘there is money in Bb have .fri@uds on the other side;” and if ill but emgege, I will have three thou- sand dollars deposited at once for the use of your family. Failing to secure the services of Chester, be- cause his soul recoiled with abhorrence from the toul work of assassination and marder, he found “more willing instruments in ethers whom he gathered about Him. Men to commit the assassinations, horses to secure speedy and certain escape, were to be provided, and to this end Booth, with an energy worth of a better cause, applies himself. For this latter purpose he told Chester he had already ex- pended 5,000. In the latter partof November, 1664, he visits Charlies county, Maryland, and is in company with one of the prisoners, Dr. Samuel A Mudd, with whom he lodged over night, and through whom he procures of Gard- ner ene of the several horses which were at his disposal, and used by him and bis co-con- spirators In Washington on the night of the assassination. Some time in Janaary lyst, it is in testimony, that the prisoner Mudd introduced Booth to John H. Surratt and the witness Weichmann; that Booth invited them to the National Hotel; that when there, in the room to which Boot took them, Mudd wentonut into the ;assage, called Booth oat and had a private conversa- tibn with him, leaving the witness and Surratt in the room. Upon their return to the room Booth went out with Surratt, and upon their coming in all three, Booth, Surratt and Sam- uel A. Mudd, went ont together and had a conversation in the passage, leaving witness alone. Up to the time of this interview it seems that neither the witness or Surratt had any knowledge ot Booth, as they were then introduced to him by Dr. Mudd. Whether Surratt had in fact previously known Booth itis not important to inquire. Mudd deemed it necessary, perhaps a wise precanu- tion, toimtroduce Surratt to Booth; he also deemed it necessary to have a private conver- sation with Booth shortly afterwards, and di- rectly upon that to have a conversation to- gether with Booth and Sarratt alone. Had this conversation, no part of which was heard by the witness, been perfectly innocent, it is not to be presumed that Dr. Mudd, who was an entire stranger to Weichmann, would have deemed it necessary to hold the conversation secretly, nor to rave volunteered to tell the Witness, or rather, pretend to tell him, what the conversation was: yet he did say to the ‘witness, upon their return to theroom, by way of apology, probably, for the privacy of the conversanon, that Booth had some private business with him, and wished to purchase bis farm. This silly device, as is often the case in attempts at deception, failed in the execution; for it remains to be shown how the fact that Mudd had private business with Booth, and that Booth wished to purchase nis farm, made it atall necessary or even proper that they should both volunteer to call out Surratt, who DP to that moment was a stranger to Booth. bat had Surratt to do with Booth’s purchase of Mudd’s farm! And if it was necessary to withdraw and talk bv themselves secretly about the sale of the farm, why should they disclose the factto the very man from whom they had concealed it! Upon the return of these three parties to the room, they seated themselves at a table and upon the back of an envelope Booth traced lines with a pencil, indicating, as the witness states, the direction of roads. Why was. this done! As Booth had been previously in that section of the country.as the prisoner in his defence bas taken great pains to show, it was certainly not mpi to anything connected with the purchase of Mudd’s farm tnat at that time he should be indicating the direction of roads to or from it: nor is it made tsappear by anything in this testimony, Bow it comes that Surratt, as the witness testifies, seemed to. be as much interested m the marking out of these roads as Mudd or Booth. It doesnot ap- pear that Surratt was in’ anywise connected ‘with or interested in the sale of Mudd’s farm. From all that has transpired since this meet- ing at the hotel, it would seem that this plot- ting the roads was intended, not se much to sbow the road to Mudd’s farm 4s to point out shortest and safest route for flight from the capital, to their * triends an the other side.” In the light of other factsin this case, is it clear that this secret meeting between Booth, Surratt, and Mudd wasa conference looking to the execution of this conspiracy. It so im- pressed the prisoner—it so. impreased his coun- sel, that they deemed it necessary and abso- Tutely essential to their defence to attempt to destroy the credibility of the wimess Weich- man. They have not sttempted toimpeach his general reputation for truth by the testimony of a single witness, nor have they impeached his testimony by calling @ single witness to discredit One materis! fact to which he has tes- tifled in (Dis issne, Failing to find a breath of suepicion against Weichman’s character, or to cortredict a single fact, to which he testified, the accused had to fly to the last resort an alibi, 80d very earnestly did the learned ooun- sel devote himself to the task. I: is not mate- Tial whether this meeting in the hotel took lace on the 23d of December or in January. he witness is not certain about the date of this roceting. The materia! fact is, did this meeting take place—either on the 23d of Decem- ber or in January last? Of whet avail is the attempt to prove that Mudd was not here during January, if it was clear {bat he was here on the 23d of December, 1-61, and bad this conversation with Booth! Tkat this Stem pt to prove an alibi during January has failed, is quite aa clear as is t'ze Pproot of the fact that the pri-oner was here on the evening of the 23d of December, and present in the National Hotel, where Booth stopped. The fact that the prisoner, Samael A Madd, went with J.T. Mudd on that evening to the National Hotel, and there separated trom him, is proven by his own witness, J. 'T. Mudd: and that he did not rejoin him until they re- tired to bed in the Pennsylvania Hotel is proved by the eae witness, and contradicted by nobody. Does any*®he suppose there would have been such assiduous care to prove that the prisoner was with his kinsman ail the time on the 23d of December mm Washington, if they had net known that Booth was then at the National Hotel, and that a meeting of the pris- oner with Booth, Surratt, and Weichmanp on that day would corroborate’ and confirm Weichmann’s testimony in every matertal statement he made concerning that meeting ! The accused having signally failed to ac- connt for his absence after he separated from his witness, J T. Mudd, early in the evening of the 3d of December, at the National Hotel, until they had again met at the Pennsylvania Houee, when they retired to rest, he now attempts to prove an alibi as to the month of January. In this he has failed, as he failed ip the attempt to show that he could not have met Booth. Surratt, and Weichmann on the 23d of December. For this purpose the accused calls Betty Weshington. She had been at Mudd’s house since the Monday after Christmas last, except when here at court, and says that the prisoner, Mudd, hssonly been away trom home three nights during thattime. This witness forgets that Mudd has not been at home any night or day since the court assembled. Neither does she account for the three nights in which she swears to his absence from home. The testi- mony of Henry H. Mndd, his brother, in sup- ort of this alibi, is, that the prisoner was in ashington on the 23d of March, and on the 10th of April, four days before the murder! But he does not account for.the absent night in January, about which Betty Washington tes- tifiee. Thomas Davis was called for the same purpose, but stated that he was himself absent one night in January, after the 9th of that znonth, and he could not say whether Madd was there on that nightor not. He doestestify to Mudd’s absence over night three times, and fixes one occasion on the night of the 26th of January. In consequence of his own absence one night in January, this witness cannot ac- count for the absence of Mudd on the night re- ferred to by Betty Washington. This matter is entitled tono farther attention. It can satisfy no one, and the burden of proof is on the pris- oner to prove that ne was net in Washington in January last. How can such testimony convince any ra- tional man that Mudd was not here in Janu- ary, against the evidence of an unimpeached wit ho swears that Samuel A. Mudd ieee m in the month of Jannary ? was ‘eehingto! Who that has been examined here as a witness wen net bP, Eivane swears that he saw him in Washington last winter, and that at the same time he saw Jarboe, the one coming out of and the otber going into a house on H street, which he was informed, on inquiry, was the house of Mrs, Surratt. Jarboe is the only wit- ness called to contradict Mr. Evans, and he leaves it in extreme doubt whether he does not corroborate him, as he swears that he was here last winter or fall, but cannot state ex- actly the time. Miss Ann H.Snrratt is also called for the purpose of impeaching Mr. Evans. It is suf- ficent te say of her testimony on that point that she swears negatively only—that she did not are either of the persons named ather mother’s jonse. It is‘further in testimony that Samuel A. Mudd was here on the 3d day of March last, the day preceding the inaugaration, when - Booth was to strike the traitrous blow ; and it was doubtless, only by the interposition of that God who stands within the shadow and keeps watch above his own, thatthe victim of this conspiracy was spared that day from the ascassin’s band that he might complete his werk and see the salvation of his country in the fallof Richmond and the surrender ot its greatarmy. Dr. Mudd was hereon that day (the 3d of March) to abet, to encourage, to nerve his co-conspirator for the commission of this great crime. He was carried away by the awful purpose which possessed him, and rushed into the room of Mr. Norton at the Na- tional Hotel in search of Booth, exclaiming excitedly: “I’m mistaken; I thought this was Booth’s room.’ He is told Mr. Booth is above, on thenext floor. Heis followed by Mr: Nor- ton, because of his rnde and excited behavior, and being foliowed, conseious of his guilty errand, he turns away, airaid of himself and afraid tobe found in concert with his fellow confederate. Mr. Norton identifies the p-iso- ber, and has no doubt tmat Samuel A. Mudd is tbe man. The Rey. Mr. Evans also swears that, after the Ist and before the 4th of March last, he is certain that within that time, and on the 2d or 3d of March, he saw Dr. Mudd drive into Washington city. The endeavor is made by the accused, in order to break down the tes- mony of this witness, by proving another alibi. Judge Bingham proceeded to comment upon the evidence on this point of the sisters of Dr. Mudd snd ot his servants. The sisters say that he was at their father’s house for break- fast on the morning of the 2d of March; the ser. vants say he was at home for breakfast with them ow that day. If this testimony is fol- lowed, it proves one alibi toomuch. It isim- possible, in the nature of things, that the tes- timony of all these four witnesses can be true. Seeing this weakness in the testimony brought to prove this second alibi, the en- deayor is next made to discredit Mr. Norton for truth; snd two witnesses, not more, are called, who testify that his reputation for truth has suffered by contested litigation between one of the impeachiag witnesses and others. Four witnesses are called, whu testify that Mr. Norton’s reputation for truth is yery good; that he isa man of high character for truth, and entitled to be believed whether he speaks under the obligation of an oath or not. Judge B.eaid he would pass for the present frcm the consideration of the testimony show- ing Dr. Mudd’s connection with Booth in this conspiracy, with the remark that it is estab- lished, both by the testimony adduced by the progecution and that by the prisoner, that since the commencement of this rebellion John H. Surratt visited the priconer’s house; that he concealed Surratt and other rebels and traitors in the woods near hie honse, where for several days he farnished them with food and bedding; that the shelter of the woods by nightand by day was the only shelter that the prisoner dare furnish these friends of his; that In November Booth visited him and rematned over night: that he accompanie@ Booth at that time to Garéner’s, from whom he purchased one of the horses used on the night of the assassination te aid the.escape of ene of his confederates; that the prisoner had secret interviews with Booth and Surratt, as sworn to by the witnass, Weichmann, in the National Hotel, whether on the 23d of December or in January is a mat- ter of entire indifference; that he rnshed into Mr. Norton’s room on the 3d of March in search of Eooth; and that he was here again on tne 10th of April, four days before the murder of the President. Of his conduct after the ass: sination of the President, which is confirma- tory of this—his cons € with Booth and his she!tering, concealing and aiding the flight of bis co-conspirator, this felonf assassin—he would speak hereafter, leaving him for the t-with the remark that the attempt to ER? nis character has resnited in showing im in sympathy with the rebellion, so cruel that he abet one of his stite and declared his urpceee to send several of them to wor! hi Popel batteries In Ricnmond. = > WOT OF the He proceeded. to the consideration of the case of Arnold and O’Laughiin. On the 10th of February the prisoners Arnold and O°Langh- lin came 10 WasSington and took rooms in the house of -Mrs. Vantyne; were armed: were there visitea frequently by John Wilkes Booth, and alone; were occasionally absent when Booth called, who seemed anxious for their return—would sometimes leave notes for them, and sometimes & request that when they camein Tags, snonlg be. told to come tothe stable. Om the 1€th of March last, when Booth jsyed in “The Apostate,” the witness, Mre. antyne, tecetyed from O'Langhlin cempli- mentary tickets. These persons remained there unl the 2h of March. They were visited, so far as the witness knows, during their stay ather house only by Boo’ save that on a single occasion an unknown man came to see them, and remained with them over night. They told the witness they were in the “oil business.” With Mudd, the guilty purpose Was sought te be concealed by declaring that he was in the +‘Iand business,” witb O’Laugh- lin and Arnold it was attempted to be con- cealed Ly the pretence that they werein the “oil business.” Booth, it is proved, had closed upall connection with oil business last Sep- tember. There is nota word of testimony to show that the accused, U’Laughiin and Ar- noid, ever invested or sought to invest, in any Way cr to any amount, in the oll basiness; their silly words betray them; they forgot when they uttered that false statement that truth is strong, next to the Almighty, and that their crime must find them out, was the irre- vocable and irresistible law of nature and of nature’s God. One of their co-conspirators, Known as yet only to the guilty parties totnis damnable plot and to the Infinite, who will unmask and avenge all blood-guiltnese, comes to bear wit- ness, unwittingly, against them. This un- known conspirator, who dates his letter at South Branch Bridge, April 6, 1565, mailed and postmarked Camberland, Maryland, aud ad- dressed to John Wilkes Booth, by his initials, «J. W. B., National Hote), Washingten, D. C.,” Was aisoin the “oll speculation.” That this letter is not a fabrication is made apparent by the testimony of Purdy, whose name occars in the letter. Judge Bingham proceeding with his analy- sis of the evidence, he took up the letter of Ar- nold to Booth, dated March 26, 1*45, signed «Sam’’ and said here is the confession of the prisoner Arnold, that he was one with Booth in this conspiracy; the further confession that they are suspected by the government of their country, and the acknowledgement that since they parted Booth had communicated, amongst other things a suggestion which leads tothe re- mark in this letter, ««L would prefer your first query. ‘Go and cee how it will be taken at Richmond’ and ere long I shall be better pre- Ared to again be with you.’ This is a dec- jayation that affects Arnold, Booth, and O'- Laughlin, alike, if the court are satiefied, and it is difficult to see how they can have doubt on the enbject, that the matter to be referred to Richmond is the matter of the assassination of the President and others, to effect whitch these parties had previously agreed and conspired together. Itis a matter in testimony, by the declaration of John H.Surrat!, whois as clear- Jy proved to have been in this conspiracy and murder as Booth bimeelf, that about the very date of this letter, the 27ih of March, upon the suggestion of Booth, and with his knowledge and consent, he went to Richmond, not only to see ‘how it would be taken there,” but to get fands with which to carry out the enterprise, as Booth bad already declared to Chester in one of his last interviews, when he said that he or “some one of the party”? would be con- strained to go to Richmond for funds to carry out the conspiracy. Surratt returned from Richmond, bringing with him some part of the money for which he went, and was then going to ada, and as the testimony disclo- ses, bringing with him the dispatches trom Jef- ferson Davis to his chief agents in Canada, which, as Thompson dec! 1d to Conover, made the proposed assassination “all right ” Surratt, atter seeing the parties here, left im- mediately for Canada and delivered his des- patches to Jacob Thompson, the agent of Jef- terson Davis. This was done by Surrati apon the suggestion, or in exact accordance with the suggestion, of Arnold, made on the 27th of Fee are BATE ee tone eens BetOre tse29ih Sf March Arnold had abandoned the conspiracy. Surratt reached Canada with these de- epatches, as we have seen, about the 6th or 7th of April last, when the witness Conover saw them delivered to Jacob Thompson, and heard their contents stated by Thompson, and the declaration from him that these despatches madeit ‘‘all right.” That Surratt was at that time in Canada is not only established by the testimony of Conover, but it is also in evi- dence that he told Weichmann on the 3d of April that ae was going to Canada, and on that day left for Canada, and afterwards, two letters addressed by Surratt over the fictitious signature of Jabn Harrison, tohis mother and to Miss Ward, dated at Montreal, were re- ceived by them on the 14th of April, as testified by Weichmann and by Miss Ward, a witness called for the defence. Thus it appears that the condition named by Arnold in his letter had been complied with. Booth had “gone to Richmioua,™ in percan af Sneraty, uta aco how it would be taken.” The rebel autuori- ties at Richmond had approved it, the agent bad returned, and Arnold, to use his own words, thereby the better prepared to rejoin Booth in the prosecution of-this conspiracy. To this end Arnold went to Fortress Monroe. As his letter expressly declares, Booth said when they parted, ‘“we would not meet ina month or so, and therefore I made application for employment—an answer to whica I shall receive during the week” He did receive the answer that week from Fortress Monree, and went there to await the “more propitious time,” bearing with him the weapon of death which Booth had provided and ready to ovey his call, as the act had been approved at Rich- mond and made “all mght.” Acting upon the same fact that the conspiracy had been ap- proved in Richmond and the funds provided, O’Laughlin came to Washington to identity General Grant, the person who was to become the victim of his violence in the final consum- mation of this crime—General Grant, whom, as is averred in the specification, ithad become the part of O’Laughlin by his agreement in this conspiracy to kill and murder. On the evening preceding the assassination—the 13th of April—by the testimony of three reputable witnesses, against whose truthfulness not one word Is uttered here or elsewhere, O’Laughlin went into the house ef the Secretary of War, where General Grant then was. and placed himself in position in the hall where he could see him, haying declared before he reached that point to one of these wit- nesses that he wished to see General Grant. The house was bDrilliantly illumi- nated at the time; two at least of the witnesses conversed with the accused and the other stood very near tohim, took special notice of his conduct, called attention to it, and suggested that he be put out of the honse, and he was accordingly put out by one of the witnesses. These witnesses are confident, and have ro doubt, and so swear upon their oaths, that Michael ©’Laughlin is the man who was presemton thatoccasior. There is no denial on the part of the accused that he was in Washington during the day and during the night of April 13, amd also during the day and during the night of the l4th: and yet. to get rid of this testimony. recourse is had to that com- mon deyice—an alibi; a device never more fre- quently resorted to than in this trial. But what an aliti’ Nobody is called to prove it save some men, who, by their own testimony, were engagedina drunken debauch through the evening. A reasonable man who reads their evidence can hardly be expected to allow itto outweigh the united testimony of three unimpeached and unimpeachable witnesses who were clear intheir statements, who en- tertain no doubtof the truth of what they say, whose opporiunitics to know were full and complete, and who were constrained to take special notice of the prisoner by reason of his extraordinary conduct. ‘These witnesses describe accurately the ap- pearance, stature and complexion of the ac- cused, but because they deserite his clothing as dark or black, it is urged that as part of his clothing, although dark, was not. black, the Witnesses are mistaken. O’Laughlin and his drunken companiens, (one of whom swears that he drank ten times that evening,) were strolling in the streets, and in the direction of the house of the Secretary of War, up the ay- enue; but you are asked to believe that these witnesees could not be mistaken in saying they were not off the avenue above 7th street, oron K street. Noman who reads their testimony can determine satistactorily all the places that were visited by O’Laughlin and his drunken associates that evening from 7 to 11 o’clock p. m. All this time, from 7 toil o’clock p.m., must be accounted for satisfactorily before the alibi can be established. Judge B. proceeded to point out the contra~ dictions of the witnesses for the alibiand sald it these witnesses prove an alibi, it is really against each other. It is folly to pretend that Geer facts which make it im; ible that O’Lanughlin could have been at the house of Secretary Stanton, as three witnesses swear he was, on the evening of the 13’h of April, | tor General Grant. Z Has it not, by the testimony thus weds been established prima facie that in ti jonths of February, March, and April, O"Langhlia Ton Wilkes ” Booth and Samuel ohn 8 3 8 Grant! Is it not established, beyond ® shadow of doubt, that Booth nad 60 P| the rebel agents in Canada a+ early as October last; that he was in search of agents to do the Work on im the interest of rebellion. and that in wis speculation ‘Arnold and O’La ugblin bad joined as core as) 3 that then, and after, with Booth and Sai . they were in the “oil bnsinese,” which wae the business of assassination by contract $5 a specolation } If this cons) y onthe part of U Langhlin with Arnold is established even. prima facie, the declarations and sets of. Ar- nold and Booth, the other conspirators, in fur- therance of the common design, is evidepce Seainst O' Laughlin as well as: Arnold Rimeelf or the omer parties. The rale.of law is ‘bat the act or declasrtion of one col iPator, done in pursuance or iurtheraamce of com mon design, is the act or declaration of all the conspirators. ( Wharton, 706.) ‘ The letter therefore of Ris co-conspirator, Arnold, is evidence against ‘O'Loughlin be: cance it is iM BN Act in’ the prosecution of the common conspifacy, suggesting what should be done in order tomake iteffecti ve, and which. Suggestion, as has been stated, was followed out Tne defence has attempted to avoid the force ef this letter by pepry; S the statement of Arnold, made to Horner at the time he was arrested, in which he deciared, amsong other things, that the purpose was to abduct President Lircoin snd take him south; that it was to be done at the theater by throwing the President out of the nox upon the door of the stage, when the accused was to catch him. The very announcement of this testimony ex- Cited derision that such @ tragedy meant only totake the President and carry him gently awsy! This pigmy to catch the giant as the assassins hurled him to the floor from an ele~ vation of twelve feet! The Court has viewed the theater, apd must be saticfied that Booth, in Jespirg from the President's box, broke his limb. The Court cannot fail to conciade that this statement of Arnold was but another silly device, like that of ‘the oil business,” which, for the time being, be employ d to hide from the knowledge of his captor the fact thatthe purpose was to murder the Preaident No man can, for a moment, believe that any one ot these comspirators hoped or desired, by such @ proceeding as that stated by this priso- ner, to take the President alive in the presence of thousands assembled in the theater after he bad thue been thrown upon the floor of the Stage, much less to carry him through the city, through the lines of your army, and de- liver him into the bands of the rebels. No such perpose was expressed or hinted by the con— spirstors in Canada, who commissioned Booth to let these assassinations on contract. Arnold does contess that he was 8 conspir. tor with Booth in this proposed murder; that Booth haa a letter of introduction to Dr. Mudd; that Booth, O’Laughlin, Atzerodt, Sarrac, a man with an alias, “Mosby,” and another man whom he does not know, and himself were parties to'his censpiracy, and that Booth had furnished them ali with arms. He concludes tbis remarkable statement to Horner with the declaration that at that time, to wit, the first week of March, or four weeks before he weat to Fortress Mcnrroe, he left the conspiracy, and that Booth told him to cell hisarme 1f he chose. This is sufficiently answered by the fact that, tour weeks atterwards, be wrote hie letter to Booth, which was found in Booth’s possession after the assassination, suggesting to him what to de in order to make the conspiracy a suc- cess, and by the further fact that at the very moment he uttered these declarations, part of his arms were found upon his person, and the rest not disposed of, but at bis father’s house. A party toa treasonable and murderous con- spiracy against the government of his country cannot be held to have sbaudoned it because be makes such a declaration as this, when he is in the hands of the officer of the law, arrested for his crime, and seiecieny when his decia- ration is m conflict with aud expressly contra- dicted by his written acts, and unsupported by any corduct of his which becomes @ citizen and A man. If he abandoned the conspiracy, why did he not make known the fact to Abraham Lincoln and his constitutional advisers that these men, armed with the weapons of assassination, were daily lying in wait for their lives! To pretend that aman thus conducts himself for weeks after the pretended abandonment, vol- unteering advice for the successful prosecu— tion of the conspiracy, the evidence of which is in writing, and about which there can be n0 mistake, has, in fact, abandoned It, is to insult the common understanding of men. That John H. Surratt, A. Atzerodt, Mary E. Surratt, David E. Herold and Louis Payne, entered into this conspiracy with Booth, 1s 80 very clear upon the testimony, that little time need be occupied in bringing again before the Qonrt the evidence which establishes it. By the testimony of Weichmann we find Atze~ rodt in February at the house of the prisoner, Mrs. Surratt. He inquired for her or for John. when he cameand remainea over night. After this and before the assassination he visited there ered pens and at that hoase bore the name of “Port Tobacco,” the name by which he was known in Canada among the conspi- Tators there. Judge Bingham recapitulated in clear terms the points of evidence bearing against Atze- rodt, and said the testimony of all these wit- nesses leaves no doubt that the prisoner, Geo. A. Atzerodt, entered into this conspiracy with Bocth; that he expected to receive a large com- pensation for the service that he would render in its execution; that he had undertaken the assassination of the Vice President for a price; that he, with Surratt and Herold, rendered the important service of depositing the arms and ammunition to be used by Booth and his confederates as a protection in their fight after the conspiracy had been execnted; and Peo careful te have ec intended vic- Vattn hime eng t - pied in the hotel, cothat when nb wuRBeocce form his herrid work he would know pre- cisely where to go and whom to Strike. His confession in his defense is conclusive of his ailt. £ ‘That Payne was in this conspiracy is con-~ feseed in the defense made by his counsel, and is also evident from the facts proved. — It is almost imposing upon the patience of the Court to consume time in demonstratiag the fact, which none conversant with the testi- mony of this case can for a moment doubt, that John H. Surratt and Mary E. Surratt were as surely in the conspiracy to murder the Presi- deat as was John Wilkes Booth himself. A recapitalation of the evidence bearing Upon Surratt was given by Jadge Bingham. That Mary E Surratt is as guilty as her son of having thus conspired, combined, and con- federated to do this murder, in aid of this re- beltion, is clear. First, her house was the headquarters of Booth, John H.Sarratt, Atze- rodt, Payne, and Herold She is inquired for by Atzerodt; she is inquired for by Payne; and she is visited by Booth, and holds priyate conversations with him. His picture, together with that of the chief conspirator, Jefferson Davis, is found in her house. she sends to Booth for a earriage to take her, on the 1ith of April, to Surrattsville, for the purpose of per— tecting the arrangement deemed necessary to the successful execution of the conspiracy, and ecpecially to facilitate and protect the con< spirators in their escape from justice. On that eccasion Booth, having disposed of his car- riage, gives to the agent she employed ten dol-- lars with which to hire a conveyance for that urpose And yet the pretence is made that hare. Surratt went on the !ith to Surrattsvillo exclusively upon her own private and lawfal business. Can any one tell, if that be se, how it comes thatsbe shonld apply to Booth for % conveyance, and how it comes that he, of his own accord, having no conveyance to furnish her, should send her ten dollars with which to procure it! There is not the slightest indica- tion that Booth was under any obligation to her, or thatshe had &uy claim upon him, ex- cept that he was bound to contribute, being the agent of the conspirators in Canada and Richmond, whatever money might be neces~ sary io the consummation of this infernal plo! On that day, the 1ith of April, John HM. Sur- ratt had not returned from Canada with tho funds farnished by Thompson! Upon that journey of the ilth the accused, Mary E. Surratt. met the witness John M. Lioyd at Uniontown. e called him, he got out of bis carriage and eame to her, and she whispered to him in so low @ tone that her attendant could not hear her words, though Lioyd, to whom they were spoken, did ‘dis~ tinctly hear them, anc testifies that she told bim he should haye those “shooting-irons’* reacy. meaning the earbines which her son, snd Herold, and Atzerodt had deposited With him, and added the reason, “for they would soon be called for.” On the day of the i- sination she again sent for Booth, had an a view with him in her own house, ond tinens diately went again to Surrattsville, eR at about six o’clock in the afternoon. sxe deliy= ered te Lloyd a setae, ane Toe careines® e ‘ave two bottles 0} is) feat for that t. réady, as they would be Hive hog, Eateclaa har owe moans at about half peste clock im- the evenings t half-past fo eawaitit e mal result. How conld ‘this te on Friday afternoon, at six onan, pe fines arms would be called for ‘and would be needed that night unless: she was is the conspiracy and knew the blow was: to bé struck, and the Might of the. assassins artempted tind by that route? Was not ihe nn eenneaoe on the afternoon of the ith of April, just pefore she left on this business, of Apron to tne orders she should give tohave the are Or ‘is made to impeach Lloyd. Bat the court will observe that no witness hasbeen galled who contradicts: Lioyd’s statement im avy material matter, neither has his general character for truth been assailed. How, then, is he impeached? ‘Itis clatmed that his cesti- mony shows that he was a party to: the con- spiracy? Then itis conceded: by those “who set up anysuch pretence that there was acon- between 7? There spiracy. A whem Peace Tet Sr'ncre pers Was were the pier parties to itt Was tt EL Surratt} Was it Jonn H. Sarrats, wi