The New York Herald Newspaper, May 31, 1865, Page 5

| THE TRIAL. nnn Prosecution, the President's Assassination, aud What He Said. Kill Sexretary Seward. Johnson’s and Stamton’s Dearth Would Have Made the Job Complete. Tne Rebel Goncral Edward Johnson Called for the Defence. ndignant Protest of Members of the Court, Jonnson’s Testimony Finally Adinitied. eee Eeee @forts to Invalidate the Evicence Bespociing the Seeret IWreet- ing of Kchel Officers. Affecting Incident---Miss Surratt On the Stand, &c., &e., &o, THE EVIDENCE ON TUESDAY. Wasamxaton, May 20, 1865. Visitars of both sexes conti:ue to crowd the court room Amaoet 10 sification. Joba B. Hubbard, John E. Roberts and Charles EB Fellows, of Colonel Baker's detective force, are in at tendance, enfore ng order and courteously attending to heir appropriate duties, Tho record of tho previous day having been read, the Prosecution proceeded to cull three witnesses, the re- maining being for the defenco, Their testimony was ‘88 follows :— 3 ePRRORY, of Lewts F. Baten, Pi hades : eareoris Horr—Q State where you reside. Q. How long have you resided there? A. A littlo over four rare Q. In what business hav: you been engased there ane Tod atid A 1 erie been beset as Super- @ Southern Express Company for the ‘State of North Carolina. . gine @ State whether or not you saw Jefferson Davis re- mo at Charlotte, N. C., and under what circumstances, lewtopped at my hous: on the 19th uf April last, @ Did he make an address to the people on that occasion? A. He did, on the steps of my house. Q state whether or not in (he course of that address, ‘Or toward the close of it, a telegram was received by him Snvouncing the asrassinution of the President of the ‘United States, it was, y @ Fromwhomn? A. From John C. Breckinridge. @ Did hefer did bo net read that tel-gram to the crowd? A. Ho did. ‘The despatch was thon read as follows: Guxknspono, April 19, 1865, eaeebeney Ereteat Daris:— President i Was af wasinated in the theatre in Wash- on the might of the ith inst. Seward's hou was in the same, nignt a4, he. waw repeatedly nabbed, ‘ond, possibly, wou siete OMNIOAIN OC, BRECKINRTRGR, Q. Stain what Joff Davia sald after reading thas Gespateh to tho crowd, and -ndeavor to regollect i'is pre- ise langviaze. A. Upon tho conclusion of his speech to je he read this despatch wloud, and made this Af it were to be dune it were better that .t were @ You are sure those are the words? A. Those are ‘the worde. Q State whether or not in a dey or two afterwards Jem, Davis, John C, Breckiurialye und others were present ut your house in Coarlo:i? A. Tey were. @ And the arsassuation of ike Presidont was the sub- fect of conversation? A. A duy or two afterwards that was the BubjO & Gf ther con. ersation. @ Canryou remeber wut Juin C. Broekinridge said? Av Tn speaking of the assas-icattun of President Lincoln ho remarked to Days that “ie regretted it very mucn; ‘What it was aufortunaic fue tie people of the “outh at Davis repiied, “wot, General, I dou't know; to be dono at ei, is were better .t were She beast, and to Sec) ciary Santon, tue jod would thon e complete.” Q@ You feel confident tha: you recollect his words? A. ‘Those are the words used. Q State whether or not the regret which John C, Brockiuriige expr ssed ut the pe ttion was becanse Of ite crizaiuality or siisply because tL was onforiunate "for tie poople of the South at thet ime? A. I drow that ‘conclusion, @ Was there any roma the act? A. No, sir; he sin Goi li as being unioriunaie G. Of what State are yor to the criminality of rkod that he regret ub. & naive A, Of Massachu- Testimony cf J.C. Cowrtnes @ Where do you resid. ? At Choriotie, N.C, Q Im what business were you engaged here?” A. In n toe Seuthern logranl, dospateh of whieh Mr, Mates ‘Das just spoken, And sents whoth ror not it pusse i over tho wires at the date i ted? A. Ves, air; chet isa true copy of Ue message vaphed on the Loch of April Anat to Jeff, Davis. & From wit point? A. Prom Gr dy John C. Precks: rxigo. Q This derpatch was sent from the office to vist Chariowe? A. Waon the ines vo was rece 0 wan om rout? Lo Charlot ji) wasdelvered to bin at ir, Bates’ horse in Churio: ned Advocaie Hb: tut sated that weusel for the prisouor : ; anvler tad not as The care fur tho aston sued to call alotle e wit grows for the pres. wir ure to thal prune vere being ci he following wine ‘Ballod:— Tostima ef Joceb Ritterspack. By Assistant Judge Atvccate Bran a -Q. State whether you were a varpeiw + Furde mare down to fhe 14th of April test? A, + vam. re Were. fon Bi wont, OL the might of the Iden, when ‘he President was shut? A». wos i naboro, aud signed @ Whicu box in ihe the tre did the Proskdent o @hat night? A. [1 was ov tue lols hand Hide of Cie ! @he right hana side ax you come in from the ‘Tout Q. When tue shot was fed did you heur anybody cry “Stop that neu!” A. Q. Stave Wivere you wer: ‘heard the ery ‘Siop the fA. Twas standia he stage, about the evntre, behind the reenw @ou dont, “The ir sient .a shot,” U w man running across the «tv. toward the ba k Yasd aknife if bit band; fran to the east entran as came up io him ne’, ©. ae and eirock ab ane with his kaifo; Tyompon back; he them ran ous aod gtaunned the door shat: tion L went ty open the u and found it wae fast; oo not got tt opeu very rewdly; ‘ai that time sonebery crcd out,“ Which way,” ana answered The wey,’' then L got ont, bub ad vot on bis hoe In aud mot Spanger. Q@ What Spangler A. and what you did when you ry "dward Spangler, the pr Lot ws . and said, eet st ite by Slapping asked bien whit ‘ani ho sald, “Lor ¢ Pita not see any boty, @, Did aay ly 0 ou know Who it was i Did you leavs the dour open when your Yor, sit, @ What was your fusiness was to shove wine State wirtt sort o' 1 on. » BY Mn. EWING, vopen or shut A GROSe-AT ALT ost Did vou know thas she pitty; bel bore Bis Regyet at the Failure to vat done; and Lif the same were done to Ancy Johnson, | be inan 4 goue Gown the alley; I then soner; and be kind of slapped re o° the mouth with his oven woeb way he went,’ 1 te on the toouth, hut up;)? that was all hd ihe MO! Whoa you wont ct of tist door had anybody else opt the than with the katie goue aut before your A, important Testimony for the Dew Jc Davis Received the News of | after you? A. Yes; but I do a out? businves on tho stage? A. My any, went alter you? A, ght bo Was @ Wii, piodty f t man, Bt yo (No, ity Tadd Bot notice mw paricular! OE When you sek ato the theatra was the door ately after it inppencd? A. Not right aati ted nob know what jd Daprencd” untlt hea womasy halloo “Stop tut tan, the President is shot.” Q Wh nm yon came back whereabo Spap, A. “Ab the same place where Tiefthim Sa? Pamelor? Q. Was th ze a crowd there? A. ‘The actors were there Gnd some Btrangers; there were some Wuiden sianding tase Shlenging the theatre; I do not know their Q Do you not know one of them? do not know any of their names, not having pS? with i dha been thore only four weeks. any one of them take any part iz the ‘shat nicht? A. Yos, sir, some of thou ahd, sna Q What part: did they take? A, Ido not know what parte: but {ue they used to call Jenni . Tow close was she to vou when §] ler st ou? A. About three or four foot. Kenaeuahes @ She heard Spangter state tho words you have given? A. T do not know. Q He said it loud enough for her to hear? A. Not so very loud, Q. He said it in the usa tono? A. Yes, sir; he looked seu red and kind of erying, & Did you hear the poople erying “Burn the theatre?!? No, sit; I jnst heard them’ hallooing “Hang him,” oot bm; that was all L heard. Q. You mentioned what Spangler did and said to you ‘9 several persuns since then? A. Yes, sir; I do not Auow: L think I told some detectives that came there, . Did you tell y eiry Ttola Gun ‘oll either of the Messrs, Ford? A. No, o> ifford. Q What did you tell Giford that Spangler said? A. I eet ‘him Spangler said 1 should not say which way he Q. When did you tell Gitford? A. Tho same week, I think, that [ was releasod from Carroll prison; the weok. before last, Q Do you not know what they called the detective whom you told? A. No, sir; he had black whiskers and a very heavy mustache, and weighed about one hundred and forty pounds, Q Cau you recollect anybody else to whom you told it? A. Imight have said somothing about it at table in the house whero I bonrd. Q. Did you seo Booth open the door? A. Yes, sir. Q Did you see him: shut it? A. No, sir. Q How close to you was this big inn who ran ont after ee A. He might have been tive or six yards from mo when I heard him or somebody halloo out “Which way?” T have not seen that man since, _& How long was it before you came back to where Spangler was standing? A. It ‘might have been two or three minutes, Q And ho was crying? A. He looked 80; ho seemed Boared, Q. What did vou say to him before ho spoke to you as you hayo stated? A. I did not say anything. Q. Were you at supper with Spanglor the night before the assassination? A. Yes, sir; we boarded together. Testimony Corrected. Robort Martin, a witness for the defence, being re- called, stated that he was mistaken in that portion of his testimony of yesterday referring to the visit of the pri- Soner, Dr, Sainuel A. Mudd, to his Louse on the 4th of April, It was Jere. T. Mudd, not the prisoner, who visited him, and the date was tho 11th instead of tho 4th of April. ‘The witness further stated that the prisoner, in company with Jere. T. Mudd, called on him while he Was in market at Washington on tio 24th of December last; that he eaw the prisoner again on the 23d of March in company with Mr. L. Gardneron the occasion of those genttemon stopping over night #t his house, and that he did not recollect seeing him on any other occasion, Testimony of Jerry Dyer. Jerry Dyer, a witness for the defence, being called, stated that h had never gono into Virginia; he intended to say he had not crossed.the Potumac since 1s6t, but did go to Richmond, Virginia, at that time with the party who had been sleeping in the pi By Assistant Judeo Advocate Bixouam—Q. Who wore the parties whom you accompanied to Richmond at the time of which you speak? A. Benjamin Gwyn and An- drew Gwyn. Q. That was after the rebellion commenced? A. Yor, ir. sir. Q Did you ses Jeff Davis while you were in Rich. mond? A. I did not; I never spoke to him in my lite; I remained in Richmond only about a week, and did not moet with any of the offcisis of the rebel organization there, «xcept Taylor, to whom I went to get a pass, Q What business’ brought you to Richmond? A. I went there to avoid arrest. Q You preferred to fall into the hands of the enemy? A. Tre:retted very much the novesslty of going there, Q. To what pines do you refer in your testimony? A. To tho pins about Dr. Midd’s house. Q Did you | in the pines at night? A. Yes, Q. Who fed yo.? A, Dr. Samuel A. Mudd. Mr, Ewing objected to a further oxammation of this witness, as all these facts had already been stated by him in h's examination in chef. General Hexter inquired whether the witness had not sworn he was «loyal man, and had been such from tho ‘inning cf the rebollion? lucige BivGiax repled that he so understood. Q Did you not belong to an organization hostile to the government of the United States? A. 1 belonged to’ a cavalry company. Q. Was it not the purpose of that organization to stand by tho State of Maryland in any poaition she might take, loyal or disloyal? A. That 1 do not know. @ Did you not publicly procia.my yourself in favor of the secession of Maryland? A. Not that I am aware ot; IT may have done it, By Mr. Ewinc--Q. State whether when you went to ‘Visginia you entered into the Confederate service? A. I did not; T did not go for that purpore, Q state whether when you returned you took the oath Of allegiance? A. I did. Q. State whether you have done any act to aid or on- courage the rebellion ¢ince taking that oath? A. I have not that Iam aware of. By Mr. Bixansx-—Q. When did you take this oath of allegiance? A. In 1861; I am not positive as to that; I know jt was a phor: time after I returned. Q. Who adm nistered the oath of aliesiance? A. One of the li-uienants or captains at General Hooker's camp. Testimony of Wr. Gardner. By Mr. Ewtxc—Q. Stato whether you know tho prisoner, Dr. Samucl A. Mudd? A. I do. Q@ State whether he has ever aa!d anything See Gy about offering lis land for sale, and, if so, when? I have heard him on sevoral occasions during the past two years state that he wanted to veil out, Were you et church in the neighborhood on the Sunday after the assassination’ A. Yes, sir. Q. Was the fact of the assassination of the President then known and talked about at the church? A. You, sir; T think {t was generally knowa. State whether the name of the assassin was gene- rally known? A. T think not. Q Did you see Dr. Mudd there? A. You, air. ©. State whether you heart Dr. Mudd say anything as to how he regarded the assassination. Asvistant Judge Advocate Bincuam objected to tho aastion, r. . Rwra said he had again bronght this question be- fore the Conrt for the purpose of the'r attention nity to the character of the aration; be, ex- fudd spoke of the assassination nw erime ant a terrible calam- ; and he spoke of it generally among his neighbors at the church in that way. The prisoner was charged with a concealment of the fact of these two men being at his honse, which wasn concealment ex- tonding over Sanday; and his deciscations showing his feelings with reference to the crime during the time he was alleged to have been acting acvcssory to it were ad- mites by ootion of the Judge Advocate was sustained, que-Gon was not put, ted that he had no further examina- ao make, Testimony of Jostua J. Naylor. By Mr. Stora--Q Where do yourside? A. I reside in the Eighth Election district of Priueo George county, Q State whether vou know the general reprtation of Dan.ol G, Thomas for truth end veracity, A. I know his general repuvition in that roepe tty well, both from report and observat.o I th? A. From my own ot . © you known was a smail b: Q Did vou know his general character for truth and verac.ty before the war?) A. Thave known him oil the while; T have never heard hin spoken welt of at any tine; his reputeilon was that he never told the truth when a liv answered bis purpos > better. -CROSS-EXAMINED BY JUDOR ADVOCATE TIOLT. Q. Did you ever know of Dir, Thomas speaking falsely | when under oat? A. Not uader oath; I nover know him to be eworn. j Q Did you evér hear it charged upon him that he | swore falsely? A, [don't know that T ever did, Q. The reputation of which you sper& is that he talks idly, oxtravarontly sot unrelably, that reputation does not extend to any stavethents he would make under oath? A. Lnover heard that he had been charged with swonrlng falsely. @ Is he not reported to be au honest aud loyal man io his nm ighborhoody A, Well, he ia sometimes ono thing art KoInotines the other, just as the prospects of either. sid vary. © ive you beon Joyal yourself since the rebellion? A. ‘have. @. Have you constantly desired that the government shoutd sueceed in suppressing the rebettion? A. Atways. In reply to some further questioning witness testified further Dis nds for suspecting the loyalty of Mr. Thomna, as pr lar times; they were based upon what that person had told others: that perzoually be was per- fectly friendly with Mr. Thoinas, their residences being | near each other, he hud ne private or public differences thet gentiowon, and that tae reputation of Dr. e Medd as a@ loyal man and a supporter of the nicht was universal in that neighborhood, Vestimony of William A, Muda. ve—Q Do you kuow Dr, Samuel A, 49. do you live from him? A, About a mijo me lost year you saw a Cap. ©, of Lieutenant Perry, a ? A. i never did. about De & @. Did you see Ani at any tine lat summer? ho loft for the nureh severad) Gwyn about is premumes No, Thave not seon Andrew Givyn eine Sot; George Gwyn | have seen at ou times sine he return ©. Dil you see about Be Muda’s daring laat your! A. er saw a man thore that 1 heart of ay havin South exo x tag at Dr. Moda he was reoruiting, or something aite three Fears ayo, it may have been in the tis tho war It was the time L wudlerstood they were y person etaying out In the woors a T did not, I nove been Testimony of Prancts %. Walsh. By Mr. Srows—Q Where do you reel A. I have deca resiling in this city since 1437; Taco a drusgi«s Q Do you know tho prisoner Harika? A. +g, state whore rou wers standing whea you beard the | Q How long have known hit? A Ayer since he wes ssh Matt A in ae conire of tie Stage.” toy) T have kuowa idm wetineto'y since Ootobs 19% Pee hero was Spangles then? A, Howes ab ontin the |. Mtato whether oF not he her ben tm your om abo piace; jast abr o wo shoved off 'le | AL fie wna, for mine montis, a ; yar; be was etantiug a kere Q. Staley ear hike ee tou ar copaia yu bute & sca (56 | iiged in 103 ‘ ‘ 1 was fired? a. Yes, oir. hn: ' Toon, Light, wilting wr ooler Dew mothigt | Fe | infantry Thomas? A. Since ho} @ NEW to Rnd fault with fm him und regular in bts hours, * AQ State whether ie was or Sdaracter, Dione of a boy than a nim, | Siete whether or not he was ae, persuaded hy any one arownd him. Ale he was mov trv eastly thas boys or yous. age; be was boweb in inany respect By Judge Hom—Q What do you supgase age? A. About twonty-two years, Testimony of James Nokes _ By Mr. Smxe—Q. Where’ do you reside? A- Ihave lived at the Navy Yard in tina city sinee 182, Q Do you know the privonor Harold? , A\ 2 have Known him from his birch, about twenty-two ye, ws, 1be- eve, Q. Have yon seen a cood deal of him? A, Thay v be eb intimate in Lis family for about eighteen or nin ve 2 years. Q. How largo a fami): v is vas PB am afomily? A, Seven or eight; he Q State what is bi whether he was ¢: not, in acral °° A. T think so, ‘ly influeneed or * shoaid think men of his #2 bo bis is general character for boyishnose;* ine Nigeria asily persuaded or led away? A, 1 have looked upom him as a li i 3 Liltle reiiability, a © Nigh, wridiege boy of very Q. Is he or not easily influen iy A inutukuome oe ‘ore so than the gonerality of age? A. You, Tam certain of that 2 1 Tune men oF hile @ Would! he bo especially liable to be led a any one of fascinating address? A. Ihave never heard him enter into any argument with eny one; ail his conversa- tring tion that I have heard pve card has been of a light and Testimony of William H. Kielatz. By Mr. Stoxe—Q Where do you reside? A. I have lived ia this city for fifteen years, A ome whether you know the prisoner, Herold, well? Q Have you known him all that timo? H aa thirteen yenrs, ppeablbectg gers Q. State whether you saw him during the month of February lust. A. I think I did. @ How often? A. I could not say how often I was at home: T live next door to his father’s, and have occa- sionally seen him in the yard, morning and afternoon; I suppose I saw him every one, two, three, four or five State whether or not he is of trifling character and easily persuaded, A. I believo he is; I saw him very often in boy's company; I should think he was more of ® boy than a man; he never assuciated with men at all. Testimony of Emma Harold. By Mr. Stoxr—Q. State whother you are the sister of the prisoner, David E. Harold? A, Tam. Q. Stato whether he was at home on the 15th of February last? A. Yes; I remember it from the fact of fending a valentine to ‘him, which he recetved on the Q. Had you any talk with him in relation to that valen- {ine on the 16th? A. No; but my sister had, Q. State what is the next date you can fx on at which he was at home? A, The 19th; I remember that date by tho fact that I brought a pitcher of water up stairs; ho met me in the hall and wanted I should give ftto hin; I would not give it to him, and he tried to take iwaway from me; I held on to it and it was spilt over us; tat was the Sunday morning after St. Valen- tine’s day. Q And you do not remember his being at homo be- tween these times? A. He was at home, but I cannot fix the day. The Rebel Major General Edw: 0 “ was here called to the stand. Goneral Howe—Before this witness is sworn F wish to submit a motion tothe Court, T will state the facts upon which I base the motion. It {s well known to me, as it 4s to @ great many officers of the army, that the person now on tho stand, Edward Johnson, was educated at the national Military Academy, at the government expense, and that einco that time, for years, he has held a com- mission in the Army of the United States, It is well known in the army that it is w condition precedent to receiving a commission that an officer shail take an oath of allegiance and fiddly to the government. In 1801 it became my duty, as an officer, to fire upon a small party of whicl>this man was a momber; that party fred upon struck down and killed loyal men who were in the ser- vice of the government. Since that time it is notorious to all officers of the army that the man now introduced here as a witness has openly borne arma against the United States, except when he has been a prisoner in the hands of the government. [I understand that it is proposed that heshall testify before this court; he comes jere ag a witness with his hands red with the blood of his loyal countrymen, shot by him or by his assistunts, in violation of his solemn oath as @ man and as an officer. I submit, therofore, to this court whether he does not stand in the eye of the law as an incompetent witnoss. Tregard the offering asa witness of aman standing in open violation of the obligation of an oath administered to him as an officer as an insult to the court and an out- Fage upon tho administration of Justice. I move that this man, Edward Johnson, be ejected from the court as an incompetent witness. General Eaxin—I rise to second the motion. IT am glad that this question has now been precented to the court, Iregard this man clearly incompetent 4a a wit- ness, in my judgment, of all the men in this country, for those who have been educated by the government, nourished by the government, protected by the govern- ment, and who have then furned and fought, joined enemies of the government, to come into @ court of jus- tire, and pony, eget & ilitary commission of a character such as that here assembled, as the heighth of impertinence, and I trust the resolution which har been eps will be adopted by this commission without. esitation. ‘Mr. AIkEY—Before the Commission decides upon the motion offGeneral Howe, it is proper for me to say that I ‘was not awaro of the fact that because # person had borne arms arainst the govornment it would disqualify and render him incompetent as a witness, Thercforo T could not, of course, have intended any insult in intro- dueiug General Johnson as a witness. Tt will also be rd John- Ka was temporate in his halts recolceted that at least ono witness who has borne avms | against the government was introduced here by Judge Advocate, without objection of any member of the court, General Kactz—Does this person appear here as a volunteer witness? Mr. Arkex—IIo does not, The Jovck Apoocarz Gexenar—I feel bound to say that, as a rule of law, before a witness can be rendered £0 infamous ag to become absolutely incompetent to testify, he must be convicted by judicial proceeding, and the record of that proceeding must be produced as the basia of his incompetency. Without that conviction, any evi- dence of his guilt only applies to his credtbility. This court can discredit him so far as they plenso upon that ground; but I do not think the law would authorize the court to declare the witness incompetent, however un- Worthy he may be of credibility. General Lew. Watiack—I hope for tho sako of the character of this Investigation, aud for the cake of pub- lic just'ce, not for that of the person mtroduced as @ | witness, but for that of the prisoners at the bar now on trial, the officer making this motion will withdraw tt, vocaie General that this person is not technically an in competent witness I withdraw the motion. EXAMINATION BY MR. AIKEN. Q State your present sates ax a priconer of war, A. Tam a Untied States prisoner of war, captured at Nash- Ville, now confined at Fort Warren, Boston harbor. Q Were you or not an oflicer in the so-cailed Coniederate rervico, aud, if so, of what rank? A. I was an officer of the rank of brigadier roneral in the Confederate States army, from the year 1863 up to the date of ry capture. @ bid you have a higher rank than that? A. I did. Q, Are you acqnainte® with Henry Von Stenaker? A. Tain acquainted with a man who went by that name, who roprosented himself to meas Henry Von Steinaker. Q Was hea member of your stall” A. He was not. Q Did ho rank as an engineer officer or receive pay a8 auch? A. He did not rank as an offirer, neither asen eugineer, salt or line officer; he was s privat. ©. To ‘vhat regiment and company did ho belong? A. belonged to the Stonewall br gade, Second Virginia I think; not positive upon that point, and T do net romermber the company. Q Wars tho Second Virginia infantry attached to your fivision? A. It was a part of the Stonewall brigade, and that was one of the brigades of my division. @ Please state to tho Court how, when and undor circumsiances Von Steinaker ‘presented himself A. In the month of May, 1463, a man accosted me in Richmond, on Capitol square, by my name and the rank T bore in the United States army, as Major Johnson; he told me he had served under me. Judge Bixcnax—-What has that to do with it? Q There bas been no inquiry made as to his service under you. Wirxeas—Well, he met mo in Richmond and applied for a position in the Engine>r corps, atating that ho bad served under ine previously, that he was a Prasian by birth and an eugineer by oducation and would like to get into the engineer corps in onr serviee. Jude Brvouan—You need not toll what he said ‘Wirxess—He applied to cet im our service; I bad no such position to give ant dectinod giving it, and ho toft me; he called agnin and made a second application for the position; Ltold him T could not give it to hita; T was thon ordered off to Fredericksburg; in about a week this man appoure | there and again mule application for a position elther in the engineer corps or on my sta. I told him I could not give Lima position tu cithor, but that if ho would enlist ae ® private, from his representations of himself as an engineer and a draughteman, T would put him on duty tm the engiacer corps ag a pri On these conditions he entisted as a privaie ia the Sto 1 brig. ade, Second regiment, Virginia Infantry, and I assigned him to special duty at headquarters, He was to act as dranghisman and aaest my enginerr officer, and he «0 continued to act watll I was sold he had left, Q Was he subjected to court martial at that time? Qnostion objected to by Judge Brnoiwtam, om the ground thet ihe records of the court must be proiueed, and he did not thnk there wore any courts down a Virgiata in those days that conld try at‘all Such secret maeting, Q. Did von ever ot any meoting of the oMcors of your division hear plane discriseed for the aasassina'fon ot the Preadent of the United States? A. T nevorp beard muy plans discused in aby meoting of the cfficers, nor did over hear the assasaination of the Presi alluded to eral Hows—Upon thy statement of the Judge Ad- | the | i 1 ' i YORK HMKALD, WEDNESDAY, MA™ 4) je95 seated that Vo steallug, and 1 und an, Bi inaker bad beon guilty of horse vod We wel allegation iu that paper," Permitted to prove jionel BURNY eC ~Anytiune that ig legitimate and Competeut to be proved: wo did net uu Yho objection was sustained by ine Co ne Q Did you ever leary a soon't on by Golden Cirele, or Sons of to apy such association: reputed to belong to ¢ Q. While in Kicimond have you heard it freely spoken of iu the streot and among your acquaintances tha’ ihe assussination of the Tresident of the United States was a desirable result to b» accomplished? A. { never heard ib spoken of a8 2 dsirable object to be accomplisued; in fact, a8 T said bofore, T nover heard any oillcer or person allude to the assassination of the Presidont as desirable, to the best of my recolisction, Q. Was Von Steinaker a momber of General Blonkor’s stall? A, Not that iknow of; he stated to me that he was, Q Dit he state to you that he was ad per vicot A. He stated to ms that he had deserted, or at- tom "ted to desert, and was apprehended. CROSS-EXAMINED PY JUDGE BINGHAM. gy iTave you ever been in the service of United states? A. Ihave, Ware you educated in the Uuitod States Military Acadi “ny? , a, air. QL Yow song bave you by States? A. {eraduated in 1534, ‘An @ bad’ been in our army down to tho breaking out of the re dellion? A. Yos, sir Q. Wha € Was your rank in (he army at that time? A, Captain wt Ui brevat maior in the Sixth United States in- fantry. State b©W you got out of the corviee of the United States? A. 1‘ tendered my resignation, which was ac- cepted. Q Tendered ittowhom? A. To the Adjutant General of the United S Sates, on May 1; K was not accepted for three or four w teks; I rn ed the acceptance of my resignation in Ji wo following. @. Did you the. enter tho rebel service? A. T went to my home, in Virg Wia, where I remained a fow weeks; ¥ then entered the Confederate States service, and have beenin it ever sinc’. Q What was tho final rank held by you? A. Major generat. Q@ Were you s mak © veneral in 1863? A. I was fora part of 1863; [think .wy rank as major general com- irenced in February of Jhat year, Testimony of “rs. Maria Jenkins. EXAMINID BY MR. S’*ON Q. State whether you k.vow David E. Harold? A. Yes, T know hin, @. Can you stato whetIaer he was or was not in Wash- ingion on the 18th of last Pebrury? #4. Ho was at my house on the 18th and recetved my reut; F bavo bis re- ccipt to show. Testimony of Mrs. Potts. EXAMINED WY ISK, STONE. Q. State whether you kmow one of the acomsod, David E. Harold? A. Yes. Q. State to tie Court whather he was or was uct in Washington on the 20th of February last? A. I cannot state whether ho-was or was vot; ho came torey house on the 19th, and F told him E would send the money to the house, which Cdid; I did not see him the next day; he used to come to'my house, and when T would not be prepared to see hira If would tell hiry that I would send the money to his Louse; his receipt was dated the 20(h of February. Testimony of the Rebel Major fi. Douglass. EXAMISED BY MR. ATKEN. Q State to the Court whether you ever helilacom- mission in the so-called Confederate service. A. hava, several; my last commission was that of major and assistant adjutant general; I served as sich on tho staf of aix general ollicers, ’and among others ou that of Major General Edward Joinson, Q Are you acquainted with Henry Von ‘Steinakor? A. Tknow & man by the name of Von Steinaker; I don’t know what his first name is. Q. Was he ornot a private in your servieo: and ifo; in what regiment? A. lie was in the Second Virginia in- fantry, Stonewal! brigade, } Q. Tid ho receive the pay, bounty and allowances of # | Private? A. I do not know. Q. Do you recollect, after the return of yonr army from: Gettysburg, whero it’was encamped? A. Iwas wounded: | at Gettysburg and left in the hands of the enemy; I was a prisoner for nine months, H Q When you returned to camp did you mert Von | Steinaker again? A. I do not remember seeing him | guin; T got» letter from hin immediately aflor I're- | turned to camp. Q. Do you know of any secret meotings over being held in your camp at which the assassination of Presi- dent Lincoln was discussed? A. No, I do not. Q Wore you acquainted with J. Wilkes Booth, the actor? A. Ne ? io. Anything wlile et the South of @ Dine of the Knights of the Derit A. 1 never belor n myself; nover knew any peo em, and’ never knew anythiay of rter from our son in the army of the United By the CavetT—Q. Were you ever in the United Btatos , service? A. I was not; with the permission of the Court | T would Ike to make a statement. H General Hows—I object to the prisoner making any | statement, Goneral Fosrer—I hope the witness will be allowod to make hig statement. The Pxisipent—It no further objection is made, the wituess will proceed with his statement. Wrreas—I just wish to say to the Court, understand: ing that evidence has been given by which implication has been cast on the Stonewall brigade, that, as a man, who bas held positions in that brigade as private and line and'ataff officer, I think their integrity as men equal to their reputation for gallantry as soldiers, would forbid them to be employed as night assaesins of President Lin- coin." In their behalf [only wish to say that I do not be- Move they know anything about, or in the least sympa- thized, inany such unrighteous or ansoidierlike action, Testimony of Oscar Heinrichs. EXAMINED BY MR. AIKEN Q, Have you been in the wrvice of the so-called Con- foderate States? A. E have, time, on the staff of General Edward Juboson, amd at others that of different general officers, Q State whether you are acquainted with Henry Von Stoinaker? A. Tam, Q When and under what crreumstances did that com- mence? A. He was detailed to me as draughtsman im- mediately after Goneral Johnson took command. Q Was ho employed as such? A. T employed hin as such officer? A. Ho dict not. Q Are you acquainted with J. Wilkes Booth tho actor? A. Tam not. Q Dad you ever see wo maine inecamp? A. No, Q. Do you know of any secret meotings of oflcers ever taxing place ip your camp at which the assassination of President Lincoln was discussedt A, None over did take place. Did you ever learn the fact that Von Steinaker was a member of General Blenker’s stall? Quastion objected to by Judge Bingham, and with- drawn. Did you ever learn the fact of his desortin, vice of the United States? Question objected tw by Judge Bingham, and with- drawn, Q Do you know that fact? A. T do not, only from hin stateruenias and acknowledgements ou seseral occasions: w me Q Have you ever heard of or born cognizant of a se- eret treasouable kocivty for the purpose of the assnesina- tion of tho President of the United States? A. Lam not cognizant of any, nor have T ever heard of auy. Q. Were any members of your stalfor yourself mem- bers of an organiaation known as tho Knights of the Golten Circle or Fons of Liberty? A. So far as T am concerned [never have been, nor do I know of auy of the others having been. @ Have you heard declarations made in Richmond to the ecfect esident Lincoln ought to be assaasin= wledy A. I have not, Testimony of Thomas C, Noit. RXAMINED BY ME. AIKEN. Q@ Where do you reside ant what is your ocewpation? A. Lrevide in Prince George county, tending bar st Mrs. Surrate’s place for Mr. Lloyd. @ Did you see Mr: Lloyd on the 14th of last Aj A, You oir, Tsaw him in the morn'ng of that day, also just before seuset, Q) Wiru was his condition at that time? A. He was reity tight when Draw him; he was going round to the Eitchen tas buggy; be hed been-to- Martboro, and was carrying round there some ish and oysters; 1 id not see him when he cain back, and the next [saw of him he was fixing o buggy Mra. Surratt was in. Q._ Had he doen for weeks before duking a good deal? A. You, ho had been pretty tight. nearly evory duy and Right too. rae ca aa te tack JUDOR BING pan A Did you see him tte the buggy of Mrs, Surral +. wih assistance he did; Ido met know whether i. Loyd, Weichman or Captain Gwyn tied it; they person calling himself by that sir, g tbo ner. | pri? an w them fixing it, and that is all T aaw; T was stroot returning ee the siablo, Q@ Arddo you kwow how tuwht « man te by looking Acroms the street? A. No; Iwas with him after that nearly alt night By whether Mr. Lloyd attended court at Mariboru shot Joy? A. Be did. Q. Where ‘ou first eae him that evening? A Driviog aroma to the kitchen; hoe came arc uv ee front of the hours while Mrs, Satrate waa th Q. Did you hoar any conversation that took place tween Me Lioyd and Mra Surratt? A. 1 did not. Q How elose were you w tho buggy? A. é Bfieen or twenty yaris off, Py Judge Bivotam—Q What Captain Gwyn was saab who was at bir. Surratt’s buggy’ A. Caplin Kennett Gwyn. i, from George Mr, Aricuy stated thet at onvier the circumstances the { OV", not vecottect that he hed gor ro Me, records of the court could not be produced, parole evi- |g, ed aa " 7 wh donee could be admitted. ile presumed the question = Sears or See Oe was not Feriously objectad to. Objection sustained by the Conrt. Testimony of I. FZ. Jemkinw Whore in Virginia Was your encampment after the BXAMINED DY MB. ALS He battle of Gettysburg? A. Near Orange Court House, ¢ Where do you reside? A. ta Prince Go e County, Orange county, Virginia. Were you oF were you mot at Burrattwvlile on the A. Do you Koow or not ofa meeting of the oMcermof | Idth of Apiiisst? A. T waa that brigade nt the camp of ¢ mod Virginia regi | | Q. Aro you sequainted with Lewis J. Wo'chmant A. ment? A. I know nothing of it, «nd never hoard any- | Yer. thing of the klad. Q Worn you at Sirratteritta at the thine he drove up @. Pid you over Yearn tho fact that a seoret mareting | to the hones with Mrs Mayet A, You was held there at that imo? A. I mover heard of any a. BUrealt OF at tine show you n let 1 by any individual in my dtvision as an otgect to be de sired. Q. Aro you acquainted with J, Willa Booth, the actor? A. Tam not; 1 never saw him, Q Look at that picture of Booth anZ gee if you ever raw the man? A. Never to my knoviedgo, I did nw know, i fect, that there was sch aman until after the ssivatdon of Pros Tiucotn, Have you © pec David Gok eritl loetys, Judge Pixer aM the question ol hurwe sugaling; it is not la this iowue, ans horset Mr, Avemr—Tho chewe was made iu the payor prer onal knogvledge of the fact of Wo do not propose to try during her ont ) Hy Q be bo av for accommodations for tho nih? A. DEMERAT. on any wish, desira or purpors | Yos, aus und he ratd he would fouo th aL mocking, DONE tun W ya? A. She didn antl v i A gentleman Wore you at tho place when Mr. Lloyd drew up? Q Wore you acquatnted with Booth? A. Yea, slr, f ) the osher day A. Yon, Lave met Win, re od at We ©, What was hic condition at thet tac? A. Ho war Q When war ho int at your houre? A On the Mon. | converen® 'y wren bnte sicated, day before the wonesinatton. povotedly @ Wer Ga 8 revit opon the point of going away 4 Do you know wheter or not the cnrrings woa at tha | be hung whan Mr. Mloyd digve upt A, Yen, whe sd boo rouly door regdy to co When Booth can? \ Yum alt, 1 hain A nook." as engineer officer atone | Q Did he ever have the rank or pay of an engincer | aud have boca at {| | A Partially so. all there; Twas not present at the buggy; Teaw , anreen tho | CLs 4rmt—Q Do you or do you not know | to start for somo time bet Heya drove oj bustage with Capiain Gwyn, a“ Wien he case back aud stopped. ' Z 2 At what time did you kavep 4° About sunttown, I ju Q Had you during the last year or two WM On terms of intimacy with Mrs. Surratt? A. Yea, sir, ‘i Q Have you inal your intercourse with her Ward her he went Dreathe « word of disloyaity to the goveruinet a Bor cee ys othe goverument? . ¢é © you af ony tims ever heard her make any r& h mark or remarks showing hor to have a knowledys of any plan or conspiracy to assassina.s the Prosidant oF any member of the government? A. No, sir Q Have you ever heard ber mention, at any time, plan for the capture of the President? "A. [ have not. Q Mave vou been frequently at the house of M ratt when Union troope were passing? A. Yes Q From your personal vledgo of the transactions then or thore can you state whether or not she the habit of giving them yy ADY . Was che in the habit of receiving pay A Sometiiaes she did and sometimes she did not, Q. Do you recollect, on or about the time of a large umber of horses escaping from Gtesbore, whether or noi any of them were taken up and put on her promises? or itt A. Some of thenr; I disremonber how many. ae these horses fed and kept by fer, or not? . Yes, Q. Were they all given vp? A. Every one. Q Do you know whether she took a receint for them? A. Sho riceived a receipt, but never got any pay. ) Can you tate whether you ever knew Mra. Surratt tocommit any overt act against the government? A. I uever did. Was it not Mrs. Surratt's constant habit to express warn syinpathy forthe sick and wounde* of our army? A. Idonot remember over hearing her say avything about that, Q@ Do you know of a defective oye sight on her part? A’ Thave been present when sho would be unable to read or sew by gaslight; this hus been the fact for several years, Q. Do you recollect on any occasion of her fwiling to reeognizé fmmodiately friends who were near toher/ A. Tao not revollect any. Q. Do you or not recollect that on one occasion Mrs, — rave the last ham she had to Union poldicrs? Ay do not, Do you know of a person by the name of A. 1. Howat A. Yee, [ have geen hit at the hothl, £ think, wie, By Mr. Cuamprrr—Q. Did you or not meet Mrs. Surratt on the’Tuesday preceding tho assassination? A. I cau- not suv on Tuesday; it was a few days before. Q When you met her did not you ask her the news, and did she not state iwreply that our army bed caj tured General Lee's army ? Objects so by Colonel Burxerr av irrelowant. Mr. CLanerrr gaid he desired to show that the prisoner et that timeexhibited a loyal feeling in the matte Colonel Burery replied that the only legitims of proving loyalty was to: prove her reputation fo acts of loyalty, It could wot be proved by her declara- tions, ! Mr. Ctamrizt replied thatias the goverament hat timent? A. No, sit, CROSS-EXAMINED BY COLONEL BURNETT, Q What relationare you to the prisoner? A. owresido while she was living at Sur- ray sister. @ Where did ratteville? A. About a mile and srbaif this side, and I have been residing thare since. : Q Are you now under arrest? A. Dam; I was arrested and brought hore last Thursday week, Q Where were you ow the crane the day previous to your arrest? A. At fdogd's Hotel oe Did you mect at that place n Mr Collenback? A, oe Q. Did you have any conversation with him at that” tim? in reforenee to thia trial? A. Yos, sir: wo were beara sbout the trial, Q Did you mevt aman by the name of Cottingham there? A. Yes, I went thero with him. Q. At the time you met Collenback whod was said about the trial, in’ reference to witnesses summoned agvinst Mrs, Surratt? A. E think I told hira 1 would ook at the paper and see. Q. Anything else? A. Not that I know of;'I might Bave told him that my sister found his foanity. Q What relevancy hud that to the conversation? A. I disremember how the conversation commenced. Q Did you at that time and place say w Mr. Collen- benk that if he or any one like him undertook to testify aguinst your sister you would seo that they were got out ef the way? A. No; I did not say anything of the kind. @ Didyon say you would send any mamto bell who testified against your sister? A. I did not. Q. Did you use any threat against him if he-mppeared ase witness against your sister? A. No, nothing like at. Q State what you did say on that subject? A. I told Bim I understood he was a witness, and that he was to be a strong witness against my sister, and I toid bim he ought to be as she had raised his family. @ Did you call hima lar? A. I disremombor, Q@ Was there any anger exhibited im that conversation? A. T did not mean it if thers was. Q Did you have any talk about John H. Surratt hav- ing returned from Richmond? A. Not to my Knowledge, @ Did you talk about John H. Surratt going to Rich- mond, or mention anything about a paper stowed you that he had been to Richmond? A. No, sir; 1 never mentioned John H. Surratt’s name. Q. Did you seo the letter found by Mr. Collenback on the bar? “A. I did not. Q. How did you learn that Mr. Collonback wae to be @witness? A. Ho told mo himself. Q@ When did you come in that evening? A. I think abont ten o'clock; Ewent in with Mr. Cottingham, Q Bid you or not use any threat against Mz. Collen back? A. Not to my knowledge. @ Would not you have a knowledge of it if you had? Q [think Fought to have; I do not think I did, only in reference to the public press I told him I would look at his statoment, Q And if you found in’ the public press that he had tostified against your sister what did you say? A. Ido not recollect, @. On tho eventng of the 14th, whon you. saw Mr. | Liogd and Mra, curatt and this man Gwyn, how long had | you been at Lioyd’s hovse? A. I judge it was about two o'vlock when I got there, and I stayed until about sun- down or a little after. Q. How many persons did you seo there dusing that tine? A. 1 suppose from ten to tifteen. edit Gwya leave betore Mrs. Surratt did? & J think eid, @ Do you recotect whether be saw Mrs. Surratt on that ovcation or not? A. He did see her, in the parlor; I went in #i the door as he spoke to her. @. Who was in there? A. Weivliman, T think. @ Did you see Gwyn come out? A. ‘I do not recollect i { H | that Idid; Isaw him when ho loft the house and went home. @ Did you hear the conversation betwoum bim and Mrs. Surratt. A. No; [did not go into the parlor while they were conversing. Q You have boen asked here as to Mrs. Surratt’s loy- emt during the wart AL Pe: Q. How did von stand when the question of the seces- + gion of Maryland was under discussiont A. 1 spent | threo thoasand dollars to hold ber ia the Union, as every } ody at neighborhood will testify. | Q@ Hi om never taken part in any way against ‘the government during the entire war? A. Never, by act, word, aid or aympathy with the rebels My Mr. Ancen—Q Strte if you kaow for what you are | under arrest A. T do not. Q state if you bud ony conversation with Mr. Cotting- ham about a thron thousand dollar reward? A. Our com- | Bilseiouers had of-red three thousand dollars for any | party who would give information on the subject of the Kosuminatioa; he claimed it for the arrest of Mr. Lloyd, | nd asged mo if T would seo tho comraissioners and asce Q t he ought to ba astrong witness us abe had broaght op iis children, did yon mean it, or spenk ironically? A. Tdld notmenn tt at all, | @ Witafact that Mra. Surratt did pear i) 4 family @ State your fal | Surratt Q Are you under arrest at the present time? A. Yea, t loyalty, I uaink. ‘Testimony of Anna K, Surratt. | name tothe Court, A Anna E, | air @ When were you arrested? A. Gm the 12th of April | @ Are you contined im tho Oid Capitol? A. Yos, sir; ' im the Carroll prison. @ Ary you acqonintod with Atvarott? A. Ihave mot | { him, sir, several tas, { Q Where? A. At our boure at Washington Ory, qQ When did fire’.come theret A, Some time after | Christmas; T think it as in Febranry. Q How’ long dit Mo remain there then? A. Mo did not slay over night te my knowledge; bo used # call sometimes ow and Shon, Q Can you stole t the Cow, from your own know. ledge, whether of not Atzorott was given to uuderstand | that he was not waated at the house? A. Yeu, air, not cae to have strangers there Spor IT ict ho had | i€ wus; he exme in and fomkd mamma about to go; rie | ; what has been your attitude toward ‘he govern | called at your houge and took a dripks did you | eleven o'clock; wo hare a clock there, dub Whawuaa Raid ore 4 but we bree ot) polaness, es We did every ane | WhO earn i y t know of frequent instances bo which’? UW fole@ ty regugnize bee Crlewde? Y reas tight? A, No, air, q ¢ ued her about wearin , 9 was too young looking to o sald she could not pee to vead 5 had been speaking about guing # dey or two before tut on basinoss, and she said ee wae obliged to go. @ Dew long did Booth remain? A. Not over a few Miuutecy he never stayed long whe be came, Q Do you recognize that picture us ever belonging to you? (The wieture known im this recont as Spring, Sume mer and AuXtma Was then shown to the witness) Ay ¥en, it was given to 1x0 by the maw other picture in this frame? a. I prt one of Pooth's bpllad it; Iwent to & goliery with Misa Ward, and wile we were there we selected some pletares of Booth, ant as we Knew bim we gut wine of them; vag my brother wld .ve Le would ake them away from me, and 50 J lid (aes, Did you own ang phoXorraphs of Davis ex@ Stephens? A. You, sir; and General Lee and General’ ogard wil w few Obere; 1 don’t remember them e. Q Was there all Q When dit you get thera? A. Fathor gave thom te th, and I prised thon on bie account. yemuphs of Union gem haut, Grant end Joe Hooker, you recolivet the last Uae you sw your bro sir Pe ab 4 ¥ Qe g wae that before Me assassination? Ay On the ois was two pals QE nim since’ A Mo, sir, Were booth and your brother am friordly termaft A. Luovor asked him; he use: (0 caFand see bit somet times; one day I know hesaic Jouln was crazy, and bape wished ho woald the: Q Where was ther in is61? A At college, Q What co! 52. Charles Cofage. Q Was hi orem that timer A. Yon, etry but notof div ‘a @ How long was your brother at that college? AL For three years; but he spent his vacativtiv at hore tm August. @ Miss Surratt, did you, at yonr mother's house; any tine, on any occasioa, ever hear a word branihed aw to amy plot, or plan, or conspiracy in existorce to astee sinate the President of the Untied States? 4...No, sir. Q. Did you ever bear anyerémaske made wi lr ferenoe to the assassination of any mem er of the government? A. No, sit. Q Dut you over hear it d’seussed: by any rember of the famity to capture the Preetitont of the Unit x “tates! A. No, vit; Tdid not, Where 13 mamma? By Mr. Bwixc—Q. What yerrdid your brot'r leave colleger A. In 1861 of 1962; the year my father die¢— (20:40 voce). Where is mamma? Q What years ¥ hool im Bryantown? A From 1854 te 1861 ; waethe day ) left, Q Did vom ever see Dr. Medd st your mother's ho uss at Washingtow? A. No, sir, ‘The girl kept nervously glancing toweml the dook an@ tapping the stand with hor foot imjationiy, ‘vhe counsel, Mr. wine an avident desire t ae to lee her hreuge her occupied Lal the | the crowd to the witnes id’ tober, “Is Surratt. ryanwo me vi Byr this time the usher had arrived, and Gao Court tolé her that she covéd go. As she arose shé omawered the question in the allirmative, adding, ia @@uarp, quie’ voiee, “Where i mamma!’ Mr. Aika came ferwerd, 00 on the roa between Washington and oavorod to prove the distoyalty of the “Sie | and telling her {Rat she wowkl soon see her mamma thought it was competent to prove her loyalty. But ho’ | Ssiia led Ler inte the and-reom adjotning th. cours, would vary his question, and ask the witness what wag | The women crowded forward wit) eager faces the reputation of Mrs. Surratt for loyalty? A. Very good, | Nd | devouring eyes to witness the departure @ You have ever heard heeoxprest any digloyul uns | Of ibe sorrow strisken child from the presen: of the Court. Aa Miss Surratt woe loaving the stand wmember of the court handed her ys emall white handkorchief which she had dropped. Shesnatched i She tz) from him quickly and! rudely without a wortof thanks, No croseexaminntion was had of this witness, aud whem, with repertorial curiovty we asked the reason why, the» most torhnizal and Geyof the Judges Advceate simply told us that it would Lave been cruel, tho girl havinge ~ greater load’ of sorrow than she could bear. ‘Testimony of Mr. Lemo: Q State whether you dnow Alzerott? A. I d Q. How long have yowknown him? A. Sire he wi Q. Were yowat the house of Bezekiah Mentu on the Sunday aftor the assassination? A. L was, sir. Q.. Did you see tho prisoner there? A. Yes, sir, Q» Did you have any conversation with him? A Yea, Cee Q Stato what the conversation was. A. I met Atze rotvat Monty's, between eloven aad: tw lve o'clock om the Sabbath after this affair had ocowzred, and when firet Lapproach Mr, Atzerott [ sad, “Aso you the man that: killed Abe Limevin?” and saya He, “fee,” and then we oth laughed; we were joking; “Well,” gays I, “‘Ansire 1 Want-to kuow the truth, if it is ¢0, that the President kilicd;” there was a great exciteient im the neighbor- hood, and I wantod to know; ho said, “ft a8 40," and that he died omSaturday at throe o’claak;, I wont on te ask bita if it was soabout the Sewards, about the old mam having his throat cut; he said “Yes, that Sewazd wat stubbed, .or rather ont at, but not kided; T asked him whether it wascorroct abot Mr. Grantt hesald “Ho did not know whether it was so or aot,” und went to dinner, and at tho dianer tablo my brother anked him if Mr. Grant waskilled end: bo said “He did) nos supposo he was,” aidwald “If ittind been done 1. was probably by some nan who got into the sine traim or cer that he did;’” was novin his. company over half am hour. Q) Dat you hear: him acy thas if the mam who was te follow Grant had: followed him, he would! havo beem Killed? A. No, he suid’ if Mr. Grant wae iphave deem Killed {tzmuat Rewe been by @ man.who got ime tho same cur oF i140 the sane trai, one of the two: Q Was or was not the prisoser duriag. thins day much excited? A> Well, he was confused, ov ap so at thedinner table, and: there-was something botwoem. him and the young-lady: that he lad Deca paying hie af tentions to. Q Washo poytag his adaroxsen-to the-davglisar of Mr, Mentz? A. Yes, sir, ho had beers @ Waashe of aut throwing him.the cokt.choubder that cag A. Yeu, #8, it appaared.ao, Au’: be was dewn in the mouth abewt it, was het A LN wine @. Wore you. with, the all thetime he was . speaking with Mantx that day? A. No, sir. Q. He could act uttie dinner table’ have made any remark without your hearing it? A. Noy. sir. Q. Did not you walk down. wil No, sir; thet wassmy brother. Testimony of. Mr.. Lemoas, Brethoz of this Foi joing. Witness. Q Do you know Alz sow AL Yes, sine Q. How long have: you. known him? A. Some cig) u teon months or two years, Q Were you stthe house of Mr. Merion the Sundsg afier tie assassigation? A. Yous, sir, Did you have any conversation with tho prison as then? A. 1 asked him. abous Mr. Orant, Mr. Gener af Grant, and asked him Mf it was so or neb; he didn’t se p pose tt was; and then he sai@if it oo some-ome mist ave got into thesame train of cars hedid; when 1 ne aud him were ip the yard atten that he-waid what «lot of ible T see; L sald what havo you to.trouble you: he d more than Ishallover yet sled cf; that was aly sat all that he said Testimony of Mrs, McAllister, Q Bo you knew Atorett? A. You siz. Q: How many years have you kno#mhim? A. @ mly since March last. Q State whether ce not omthe Mthday of Marc! , he You, sit; @ 2008 ten o'clock; Ldon't know the exact sino, Q Did younotice whether he was oxcitudor not! A. I did not. Q. What do you know akout his being a. coward. or « brave man’ A. | Save heard him sey that ke woud 4 aot Tesgent an insult, ‘Testimony of W. W. Uricso @ How jong Lave you known Ata tf A. fSix on m, at Pc 0. 1 is his ray om {OPI cary? A Hot wan nie ways considered ® man o& not mu: ir cournge, Testimony of Samael Smith. Q@ Are you stable boy nt Keller's stehlo. A. Yor, ole. Q Did you ever nee the priaorer bofoen? A. Neo, ale, Qa ie 2 stables on the uipot of the Ili vot sir. mare come in that nicht? A. Yes, air, A. To the best of ny knowle dy af ned yng. Q What tune? Tes mony of Miss Harold. e's slater? A. Dam sl The witness hown the cost cad thawhes der. chief found om the ovat alleged to hava boon tor from Aty-rou's rowmn, but #ho CoulL Bot idanuty ci or as the property of Leother, Testimony of Cay tain F. Mow @ State whether or not you nad oustody oners at the bar aubsequont to thei Q, Where, A. On bourd of the Ma Mir, Dowrkn then dosed 1 hand, eto thescourba writ ten request stg the prisoner Aternté that hi's ocafession ror. ro | to Captain P. Monros be admitted ‘The onunya) stated that he was swore that L pon this, aed that be mogrely mogte Uborality Of the Court ty decide Judge Hear then revaarked—t think it io greatly Joplored that cor geel will urge seah mekers vpom know ard adtadl wptrary to law, t thes the confession should mio #. Monroe was therefore. aust otherm. cr they n o'clock, hat, ao legod righ! co insiet ® Question for he m the staat Butlivan, &x.-6 were then called on the not betwg present, tao C to-mortuw morning vermor Farwell park of the dete uurt adjourned tilt Newenp {Correspondauce of Mm Ar ore ctiqor, Wasinvuros, Way 2¥, 1966, BOOTH S MIST AGN TO TRAY, Gukeas ¢ rhe you ae oe jan, Kiln Serta ho ee ’ 5 ‘ n w ered ovine: attecti we Woe Bomth by ateomn pte i Could sive read or sow of dark mornings? A. She | dered evinced bar ailection a diane | ' pa read some, bot she an soweh ora tet fay. lag suicide on learning crling and ‘light from the 1" @ Do you know Revised. Wolhman? A, Yea pos gil ar he amr eyed te 5 Va RE Oee & par bie: house ? ¥ > ne J ae L- lie Was ae 4 boarder at your Lonwe a “S| ay know ot © B has beon in the wit Q. How. was ho troated there? A. Too kindly. news Foon a shuce Batussay taorniag, Wee itor nosyour mother ® habit to sit up and Balt | gue DISrORLTION O% DOOTH"S aODY1ruR PERTO- for him when he wae out laie? Yes, just nx sho wo id RATED OCINAL VENTERRA IM TOR ARMY MEDI | for my brother: Weichman engoged & roam for Ataorett CAL, MuSKUM. Ee | when 94 Yo Hv end ie aaed to make privat | je ie nogeiy four weeks. sinc niga Yo ¢ In this correspondomes ast | @ pay. retorPayns, A Atzeroth | tie beady of t ; awecsin Joka | Q Ate ae frat Come t since then, bes been widely ¢o | A. de country ahd moay tines coat mosniny 7 tanin paruc | Q How Yong was that before the arenaeination? tv | Secmee rf wh abe eafy many 1 war aliver Chstitiew, tot very long after, > Army Mesitout ' mn ndl¢ heeone there? A. We stayed |g’, oa J came, and we did not ree @ wooks siter; it was W nr then; | went down & was there, a not undersimi: te g to the howe, tal & ewn in tho habit 0: trout who camo there, lo catled two or shree ty exact EaCuES | agony bia whieh Hingeriag deeth the Meus aw b a houre of vahoa of