The New York Herald Newspaper, June 3, 1865, Page 5

Tho Testimn;’ Taken for the : Sy, 7 4 Plea of Insanity Entered for Payne, the Man who Assaulted Secretary Seward. Medical Testimony on the Ques- tion of His Insanity. MISS ANNA SURRATT IN COURT, S04 &., &e. THE EVIDENCE ON FRIDAY. ‘Wasmncton, June 2, 1865. After the reading of the record the examination of the ‘titnessess for the defence was resumed. Testimony of Charles Bulger. By Mr. Ewna—The substance of tho testimony of this witness was as follows:—Witness knew the prisoner (Edward Spangler), having boarded at the house at which he prisoner boarded for five or six months, After the @ssassination the accused remained at the house for ‘eoveral days. Testimony of Thomas J. Reybold. By Mr. Ewinc—Q. State how long you have been in ‘Washington, and what has been your occupation here. 4 I bave not lived permanently in Washington only gince the last Monday of Decomber—one year ago—at which time I came to Washington for Mr. Ford; I was employed at that gentleman’s theatre to take charge of the house, to see to the front of the house and purchase everything that was to be purchased for the house; any copairs to the house were done by my orders; that was By business there; in the absence of e.ther of the Messrs. ‘ord L went in the box ofilce and sold the tickets, ag whether you know anything as to any of the {ocks of the private boxes being broken, and, if 80, what you know. A. I think it was during M: agement in Mareh, about the 7th, when, ing one day at dinner, Mr. Merrick, of the National Hotel, asked me to reserve some seats for him that ovening, three, I think, in the orchestra; I told him I would do so; Mr. Mor- gick had oot arrived by the end of the first act, and, as it ts customary for all reserved geats not occupied at the end of tho first act to be taken by other persons wanting ents, those seals wore taken; shortly after that Mr. erick, accompanied by his wife, Mr. Martin and seve- tal ladies, came, and I was informe: of their arrival and asked what I had done with the seais reserved for t LE went to see about them, and found that the usher ha filled them; I then wok them up stairs to box No. 6, which was ‘locked and could not be entercd; I then erogsed to boxes Nos. 7 and 8—,: President's box—which were also loc to force it open by applying my shoulder to the door, but, fouling in that, L used my foot and succeeded in kicking open. Q. State whether that tier led into the box which the ident occupied at the time of the assassination. A. It did; by request, when the President occupied the box, we would take tho partition out and the two boxcs would then be occupied as one. Q When ths two boxes are thrown into one, by which foor do you enter tho President's box? A. The door of box No. 8. @ Do you know whether that wes the door that was @sed on the night of the assassination’ A, Yes, sir, it was; the other one co: Id not be used. Q@. Do you know whether the lock that was burst open was afterwards repaired? A. I do not; I never exam- (med it afterwards; I suppose it es my place to have toported the fact, und though J frequently passed into bd afterwards Inever thoughiof having the lock Q@ To whom would you havo reported for repairs? A. fo Mr. Gifford. - Q. But you made uo report to_him of it? A. No, sir; { nover said anything about it; I never thought it worth while to mention it. Q. State whether you have any knowledge of Booth vecupying either of those two boxes shorily before the as- passination. A. Icannot say precisely the time, but it was two weeks, I think, prior to the 14th that Mr. Booth en- private box No. 24, and on the evening of that day fame again to the office whilo I was sitting in the vesti- bule, and asked for an exchango of the box for box No. ¥, one of the Presidential boxes, the one in which a holo was found to have been bored; he occupied that night either box 7 or 8; I cannot swear positiveiy which box. @ State whethor there were any box tickets sold at the theatre up to the time of the opening. A. To the best of my knowledge there were not; I sold none; I was pot in the office all the time that day; was there during the afternoon and also in the morning; sent tho tickets for the President by his messenger; I do not know positively whether there were any sold, or whether there were applications for any. Q@ State at what hour the President engaged those feats. A. Between ten and oleven o'clock in the fore- noon. Q. Had ho been previously invited? A. Not tomy knowlodge. . Bowers’ en- ad Did you see the messenger? A. I did, and was ing to him. @ State whether you snw anythiny of Booth that morning after the President ongaged the box. A. I can- got say whether it was after or beforo that time; I saw him that morning; he got a letter from the office that morning; he generally came there every morning; his letters wore directed to Mr. Ford's box in the Post Oilice, and were brought to tho theatre every morning. Q Dia Booth get more than one letter that morning? A. Not to my knowledge, State ir you know any reason why tho rocking ebair in which the President is said to have sat that night should have been in the position in which it was? A. The ition in which it was teu was the sxme in which T had placed It myseif on two other occasions when the President occupied that box, and the reason was that if placed in any other position the rockers would be in the ‘way; the removal of the partition left a triangular cor- wer tothe left of the balustrade of tho box, and the rockers w nt into this corner and wero ont of the way; that was th» only reason why ! put it there. Q When was thatt A. During last winter a year Q@ It had not been used in the box during thi: season up to that time? A. The sofa hud been used; i had not. t jt Q State what you saw of Spangler, if anything, after assassination. A. I do pot rocollect secihg him after that; Tonly know that he yon arrested in Ui> house on the following Saturtuy mornin. Waa be not about the theatre after that morning? A. Loannet say; in accordance with my usual custom f wentto Baltimore on that Saturday night to visit ny family, who resided there. Q Was the theatre closed until your return? A. It was; L returned on Mouday moroing. Q@ Examine that rope (exhitiiing to witness the rope found in the carpot bay of t ip Prisoner Spaugter), and state whether you know of aby such rope veing used about the thoaire, and whether, from its flexibility, you would judge that it had been A. From its appear. ance I'think it has been vaed; if it had not it would be lighter in color; it is like the ropes that aro generally ‘asod in the flies for drawing up the scenos—what is called a border rope. Re.Examination of Jacoh Ritterspangh. By Mr. Rwive—Q. When you Wore examined for tho Prosecution the other day you spoke of Spangier having elapped you in the face after your return trom following Booth, and of his aaying, “Slint wp; don’t say which way he went.” A. Yes, sir. @ Did you not make the same statement the next day, when wero in the theatre, to Mr. Lamb, and tho night of the assassination sarland, when be aroused you from sleep? A. Mr. Carland, when ho awoke me, asked me what Ned said to mo, aud I told him thar Ned slapped mo in the month, and said, “Don’t say which way de wont.” Q Were you not op the stage in the afternoon of the day of the assassination? A. Yes, sir. Q Stato what you end Spangler eaw. A. T saw man in tho dreee circle emoking « cigar, and I asked ¥panglor who bo was; he suid be did not know; I then sald We ought to toll ‘him to go out, and Spangler said that he had no right there; I resumed my work, 9 after a while looked around agen, and saw the man sit- Ging In & private box, on the right hand side of the stage; after that the man went out. Q Was the wan near enough to bear what Spangler @aid? A. Yeu, air, By Judge Hinguam—Q Do you know what man that wast A. No, str. By Mr. Rwine—Q. What time inthe ovening was A. About six o'clock in the evening of the day on tho President was 5 Juet before wo went to ‘enpper. By Judge Breewat—Q Where aid you ray thet man was? A. In a private box; one of tle lower boxes in the dress cirele, on the right land side of tho stage. Testlinony of Louis J. Cariand, By Mr. Ewrro—Q. Stato whether you are acquainted with Jacob Ritterspangh? A, I am. Q State whether you saw him in Mr. Qifford's on ta night of the assaseivation after the A. 1 did Q. What did Mr, Ritterspaugh say to you on that ocea- sion? A. He was asleep; on_ in: svarieg De he ap: pared frightened, ard thought I was Mv. Booth; I asked im whore Mr. Spangler wae; he told mo he did not room i? ‘know, that when he last saw Mr. Spangler he waa stand- ing bobind the seenes, juat after Mr. Booth ran owt the = Of tho theatre, and that he said to Mr, ang. er ma was Mr. Booth,” when Spangler slay 4n the mouth and said, «You don’t know who it wi might a dat Mr. Booth and it might have a Did Mr. Ritto rh tell that Spangler slapped you pangler slay him in the face ani tad, “Don't say which way he owent?” ae Q Did he tell you anything to that offeot? A. No, sir, a aches did not say that to you? A. T am certain, Q Where was Spangler when you first saw him after the assassination? A. In the 1) on the stage; I ‘was in his com) ‘until Sunday night, when I weat to he Hermann House and he wont to sieep in the theatre; aw he loft me to go there to sleep, @ Where was he during Saturday and Sunday? A. Qn the gpturday night the assassination be was | my | minates to talk toapegro in hie ondis i i : i : | i ‘ 5 f Testimony of James Lyon. By Mr. Ei y you acquainted wi Bikfeempaogn ¢ A. Yes. Q Did you see him on the day after the President's Lf id it was well for Ned that ho had pot some- ing in his hand at the time; I asked him why; said he, “‘He struck me last night a very hard blow, and said, ‘shi ae the same time saying ‘you know nothing about @ In what connection did he say that happened? A. He said he was acquainted with Booth, and remarked to Spangler just after Booth ran out, “I know who that was; that was Booth who ran out;” then Ned said, “Shut up; ‘oop quiet; what do you know about it?” @. When did’he say that wast 4. That was while the party—Booth or whoever it might be—was leaving the stage, that is, making his escape; this man Jake rushed up and was making this explanation, “I know him; I know him; that man was Booth; Ned then turned round and struck him with the back of his hand and said, “Shut up; know nothing aboat it; what do you Sri di ESE mag yt Sen or did not Jacob Ritterspaugh say lor said to him, ‘Do not say which way he went,” or words to that effect? A. Ho did not; I am sure. Testimony of G. W. Bunker. Mr. State your occupation, A I am clerk at the National Hotel in this city. Q State whether after the assassination of the Prost- dent you found eny articles in Booth’s room at the Na- tional. A. I packed up Booth’s je and had it re- moved to our baggage room on the day after the assase sination. Q Did you find any carpenter’s tools? A. I founda largo sized gimblet with an iron handle in the trunk; I took it and carried it to my room; I afterwards gave it to Mr. Hall, who was attending to Ford’s business. @. Do you know whether John McCullough, the actor, waz in Washington the ist of April? A. I have examined our books thoroughly and find that the last time John McCullough registered was on the 11th ot March; he left the house on the 26th of that month; his namo is uot on our books after that date. Q Where was he in the habit of stopping when he came to Washington? A. He made tt his hgne at tho National; Lhave never known of his stopping at any other place. Q Did you see him fn the city after the 26th of sh? A. [did not. ‘Testimony of Charles B. Hall. By Mr. Ewixa—Q. State whore you have been living for the past two or three months, and what has been our occupation. A, Ihave been acting as clerk for iy. Wharton, a sutler at Fortress Monroe. Q Is his store inside the fortitications or outside? A It is inside, at what is called Old Point, Q. State whether are acquainted with the ois Arnold, A. I got acquainted with him at Mr, Wharton’s store; he came there the latter part of March or the first of April; I could not state the date; it was on Sunday, Q@ State how long hoe remained there, and what his business was, A. He was assisting me at bookkeeping; he stayed there two weeks and one day, I think. Q. Did you see him there constantly at that time? A. No; I was engaged at another place part of the time; T saw him, however, evory day, ‘ Q. State whether or not, if so, when Arnold made any application for employment? ‘A. He did, I think, about the tirst of March—gome time #1 March. Q. Do you know what became of Arnold’s letter? A. Major Stavens has it. Q. How many letters did he write applying for a posi- sition? A. L only saw one; that I answered myeol?. Q. At what time was the answer written? A. I could not tell that; it was about a week before Arnold came I wrote for him to come, Q Did you see Arnold every night during the timo of his employment? _ A. Yee; he slept in Mr. rton's store every night, ‘Keatimony of Miss Margaret Branson. Fa Mr. Doster—Q. State where you live. A. In Bal- timore. Q. Stato whether you have ever seen the prisoner Payne, and, if so, where you first saw him. A. I first | saw him at Gettysburg. Q@ State the time and circumstances. A. I do not re- motber the time; it was immediately after the battle of Gettysburg; I was there as voluntecr nuree; he was in ward, and very kind to the sick and wounded; I don't know whother he was there as a nurse or not. Was he a aoldicrt A. 1 don’t know that he was; he had on no uniform; as nearly as I can recollect, he was dressed in black pante, no Coat, dark slouch hat. Q What name did he go by? A. By the name of Powell, and by the name of Doctor. Q. How long did you know him there? A. I do not know the time; I was there six weoks, and 1 do not know whethor he was there the whole time or not. Q In the hospital where he scemed to be attending the sick and wounded, were the patients both Confederate and Union sold:ers? A. Yea. Q About what time did you leave the hospital? A. ‘The first week in September. @ When did you meet tho prisoner Payne again? A. Some time that fall or winter; I do not remember when I mot him at my own house; ‘he remained there only a few hours; I had very little conversation with him. Q. Did he state to you where he was going? Question was objected to by Judge Bivenam, on the | ground that the declaration of the prisoner could not be | received in evidences, Mr. Dosrrn replied that he intended to set up the plea of insanity im the case of Payne, and while the declara- tions of ths prisoner would not be admissible to prove his innocence, yet to prove bis insauity his declarations were acts, and therefore admissible, Judge Discuss replied that the counsel had laid no ground for this course of examination to prove insanity. Mr. Dosrex said that the prosecution themselves had laid the ground by proving a serics of acta of assaxsina- tion which he should claim were the work of an insane man. Judge Brvauas remarked thot he sppoced it was, then, the theory of the counsel that a man might take a knife large enough to butcher an ox, rush past all the attend. ants in the houre, wounding and maiming them, stab a sick man in his bed again aud again, and escape punish- ment on the ground that the acts were too atrocious for & sane man to commit. Mr, Doerr replied that all the circumstances connect- ed with the assassination bore upon themselves evidenge of the work of an insane man, Tho prosecution had oved that the accused entered the houne by a sirata- m very likely to be resorted to by invane man, Without the slightost possible disgutsc, stopping for ive , wfter commiting the deed, makin no attempt at concealment, leaving bis a4 aud bat there in the room, and throwing away his nile deliberately where it could be found in front of Mr. teward's door, getting on his horse and riding away so deliberately that a man on foot could ww hint for a square, then, instead of escaping as he could very well have done on his horse, turning his horse loose, wandering about tho city und finally xoing to tho house of al! others where he would be lisbie to be arrested. H+ claimed that tho prosecution in the proof of theae acts has laid abundant ground for tho examinadon ho Was now making, und ho called aitention now to Payne's stolid manner in court, so dilerent from that of the other prieoners. Mr. Ccaurtrt said that he did not deny the right of counsel to set up the plea of Insanity, or any other ploa for his client, but he rose indignantly’ to protest against his bringing fu the house of Mrs. Surratt asa place whore such @ man would be most likely to be arrested. There evidonce that the house of Mr. Surratt waa @ piace he would be likely to go to for the purpose of hid- tug and serecning hiraself from justice, Objection sustalned by che Court. i Q. How tong did be stay at your house? A. A fow hours, Q Do yon know where he went then? A. I do not. Q Where did you seo bitu the third time? A. In Jana. ary of this your, at my own house. Q Describe how he was dremed atthe time? A. fa jem « clothin, Q What resent hiaself tobe? A. A rofa- geo from Facqui bis namo aa Payne. Q. How long did he stay at your house? A. I think six weeks aud # fow days; I do not remember the oxact time. @ Do you romembor sbout the date he came ia Jann- ary? A. Leannot; I think he left about the bewinning of March. Q Did he ever see any company while there? A. Never to my knowledge. Q. Did you ever see J. Wilkes Booth? A. No, sir. Q Do you know whether Payne was ever called upon about that time by J. Wilkes Booth? A. No, sir. Q. Did he or not take a room in your mother's house? A . Yew, Q What were bis habits? Was he qutet, or did he go ont a good deal? A. He did not go out 2 great deal; he was remarkably quiet, @ In what way did his quietness show iteclf? A. He Was @ great deal in his room; be seemed to be reserved, and, 1 thought, depressed in spirits. Q Was he or not execedingly tactturn? A. He waste markable for not saying anything. @ Have you or nota library in your father’s house? A. No; we have a good many old books and a good many inedical works, Q. Do you know whother the prisoner read? A. I do not. Q Did ho or did he not givo himsclf to reading medi- cal works while be was there? A. He did. Q Was not bis achurnity so resnarkabdle as to be com- mented on by the rest of the boarders? A. I think @ Do you know whother the privoner wax at time in possession of a great amount of money? A. do not; he had enough to pay board. Q Do you know how the prisoner happoned to leave ne your hase MA. We had o negro servant who was ex. | coodingly impudent to him. ludgo Bixtuam—You neod not state what passed be- tween the girl and that man. Mr. Dogren—The witness is Just about to state that, Judge Bixouaw—Why ? Mr. Dowtan-Iv le for yeu to show why she should not. Judge Brvcam—Well, tet her anawer it. Witness—He was ie none Phere by the authorities and sont Tostimony of Marga: han. By Mr. Dosran—Q. State wi aoryesar’s servant in ns Mra Branson? . Yea, sit. you soo the privoner Payne there? A. Yea; he came thore in January or Februai about the middie of March: ened and etayed Uk @ Do you remember at any time 9 controversy that “other physical disease necessarily or ment exclusively? A. No; patients ‘Insane of, this di yer cocnsioaally pri- the country. @ Is oris not the mass of persons you treat com- posed of soldiers cadsallorst A. Tt in principal causes that produce is that insu Ogee Q@ Is uctive gorvice in the feld among soldiers at any time the cause of moral insanity? A. It isnot afroquent cause; however, in other words, I have known cases of moral’ insanity among soldiers. @ Has or has not insanity increased very much im the cogniny Saring pe: present ae A. It has. " not increased much more proportionate! than the increase of the army? A. It has. . My im; Q How is the increase accounted for? the dis- eases, hardships and fatigues of the soldier's life towhich men were not acc fore the service, Q Are young men who enlist exposed more to in- sanity than inen who enliat in middle life? A. I am not sure that they are; my impression is that young men accommodate themselves to a change in their manner of life much more easily than men of middle age. Q What are some of the leading symptoms of moral insanity? A. The cases are as diversified as the indi- viduals affected; if a man, for instance, believes an act to be right which he did not believe to be right in health, and which people generally do not belleve to be right, I would regard that as a symptom of moral insanity. Q Is depression of spirits ut any time considered a symptom of insanity? A. It is. @ Ls great taciturnity considered asymptom? A. It is @ frequent symptom of insanity, though I can con- ceive how taciturnity could exist withoat insanity. Q. Is disposition to commit suicide? A. It is. Q Is great cunning in making plans a.concomitant of insanity? A. The insane frequently exhibit great cun- ning in their plans to effect an object. Q Is it or not possible for a mad man to confederate with other mad men or sane men in their plans? A. I pai say it is not impossible, but that it is unfre- quent. Q Do mad men ever confederate together in plans? A. Very seldom. @ Is or is not a morbid propensity to destroy a proof of insanity? A. Not a proof, but a very common at- tendant'of insanity. Q Is it asymptom of insanity if one apparently with- out provocation commits acrime? A. I should regard it as giving rise to asuspicion of insanity, but not as a proof of itat all, Q Is or is not conduct different from the usual mode of the world the best proof of insanity? A I will answer that by saying that no single condition is a proof of insanity in every instance, but that an entire departure from the usual conduct of men would be re- — es strong ground to suspect the existence of in- sanity. Q Are not mad men remarkable for great crucity? A. ‘My impression ts that mad mon exhibit about the same disposition in that respect that mon generally do. Do or do not mad men in committing a crime seem to act without pity? A. They frequently do; those who commit criminal acts, @ If one should try to murder a sick man in his bed without ever having seen him before, would it bo pre- maaare proof of insanity? A. It would give rise in my = essere that the man was insane; I should ne as proof, Q If the sane person should at the same time t: murder four other persons in the house, none of w! he had ever seen, would it not strengthen that suspicion? A. I think it would. @ Ifthe same person in the commission of the deed were to stop for five minutes conversing, then walk away deliberately, leaving his hat and pistol behind, and then ride away «0 slowly that a man could follow him on foot, would not that further corroborate the suspicion of insanity A. I think it would; it is a peculiarity of the insane when they coramit a criminal act that they make beep or no attempt to conceal it; but that is not always the case, Q Ifthe same person should cry out while stabbin; one of the attendants, “I am mad! Iam mad!” weul tt not be further ground for suspicion that he was insane A. Such an exclamation would give ground, in my mind, to a suspicion that the man was feigning insanity. Q. What would be the ground for suspicion? A. The ground is that insane men rarely make such exola- mations or similar ones; they rarely excuse themselves for criminal acts on the ground that they are insane. Q Do not mad men sometimes say they are mad? A. They do sometimes, but it is not feigning with them. @ Do you not remember cases in your practice where madmon have told you they were mad? A. They fre- quently do it in this way:—An individual knows he is regarded as insane, and i teken to task for any im- act, sometimes a man will excuse himself on the that he is ingane, and therefore not responsible. he same person I have mentioned should, though in possession of a sound horse, make no effort to escape, but abandon his horse, wander off into the woods andcome back to & house surrounded with soldiers, where he might expect to be arrested, would that not be additional ground for suspicion that he was insanc? A. I should regard every act of a man who had committed a crimo indicating that he was tndifferont to the conse- quences as a ground for suspecting that he was insane. Q Ifthis same person should return to this house IT have spoken of with a piece of his drawers for bis hat, seeing the house in possession of soldivra, would not that be additional proof of insanity? A. I can hardly see what bearing that would have on the question of in- sanity. @ understand you to say that mad mon séldem dis- guised themerlves; the disguise in question consisted in & piece of drawers taken fora bat. | asked whether the disguise indicated the work of a sane or insane man? A. It would depend upon circumstances with insane men; it 4s a common peoliarity that they dress themselves in a fantastic manner; for example, making Meaddresses of picces of old garinonts; they do it apparently out of childish fancy for something fantastic to attract atten- tion; I don't recollect the case of an insane poreon dreas- ing himself in garments of that kind for the sake of dis- guising himself. Q If this same person, after his arrest, should express a strong desire to be hung and great indifference to ol would that be additional ground for suspicion of insanity A. ‘os it eo 8 eye ao @ Would it rier ground of suspicion if he seemed totally indifferent during his trial, and laughed when ho was ident'fted, betraying @ stolidity of manner pei i differcnt from his uasociates? A. I think it wou Q State what physical sickness gonerally accompanies insanity, ifany? A. [believe disenso, ir functional or organic, of the brain always accompanies insanity; no iy a0- pro; ground oompanics it. @. Is long continted constipation one of the ph: cond.tions accorapanying imaanity? A. Long continued constipation frequently preeedes insanity; constipation 1s not very frequent among the actually insane, Q If this same person 1 have described haa been «fering from const.pation for tour weeks, would that be an additonal ground for insanity? A. I think some weight might be given to that en stance. @ If the same porson, during his trial and during his confinement, paver spoke until spoken to, at a time when all his companions were wish and clamorous ; if he nover expressed @ want w I) others expressed many; if he continued the same expression of indiffer- ence while others were net and anxious; if he con- tinued immovable, exeopt a certain wildnoss in the movo- ment of his ey a, Would it not be additional ground for velioving him insane? A. L think it would. Q If this same man, after committing the crime, shovld, o% being q"estloned as to the cauge, say that he ~momb ea | thing distinctly, but only a strug- glo, wilh aw desire whalover to kill, would net that be eddi:onal grvtsia for suspicion of insanity? A. 2 think it woul Q Whos are the qualities of mind a person most needed by a keeper to scoure control over madmen? A. Self contro). by Q Aro not madmen usually managed persons of strong will aud resolute charestort A. Yea, I think they aro. Q@ Aro there not instances on record of madmon who toward all others are wild, and yet who toward their keopers aro as docile and obedient as dogs toward thoir A. Not that servile obedience which a dog ‘exhibits toward his master; it is true that the insane are comparatively mild and obedient to certain persons whiio they are moro or less violent toward certain other sons " Would it not be poss'ble for a ki who could ex- ercise contro! over @ madman to direct him to com- mit a crime and secure Ks commission? A. I should say that it would be very difficult, unless it was dome in a few minutes, ifthe plan was laid and the directions ven, ee Is not the tofluence of some over madmen © tho place of as that their will seems to madman? A. Theroisa great difference in control diferent individuais have over insane persons; but I think it rare that the control reaches the extent you have described, or the extent, 1 may add, that is larly supposed. Peal Coheeeet a rsan deiectian maaan manta and delusion? A. Certain distinction, inasmuch ap delusion accom ‘any and every forta of insanity, while the term ranala epplize to 4 particular form which oF may not accompany delusion. Task whother instances of insane delusion are not more nt during civil war than any other forms of insanity? A. My impression is that tl are not as frequent; insanity sof a more general cl , 8 boon gma go ges i ere soldiers, than usually Q Does or does not constantly dwelling on the same subject lead to insane delusion? A. It frequently does @ For instance, if a body of mon who own slaves ing the Di ine Yighh at tiorear aon eee vi wan not threatened at all; suocha Shall go to war for support, would not that bean evidence that wore deluded? A. I think it would, but i does not low that the delusion i not what I would nominate an insane delusion, arising from disease brain, and for whieh @ man is ro Q If one of these tame mon uld own botiove in the Divine oigin of the tnxuitution, fight ia < = to interpose when counsel were procead render the record absurd and contemptible. Mr. Dostx« replied that he believed the question was atricly egal, but, knowing very well the result of the ob- jection in this Court, he would waive the question and ‘put it in this form: Q Under this state of facta, would or would not the inferenee of insanity result therefrom? A. If I may be allowed to make an ex tion, I will say that I have thus far given catego answers to the questions pat; Tam, a8 a rule, very much to giving opinions upon b; tical cases for the bestof reasons, as T con- ceive that Ihave none; 1 could give no definite opinion upon the facts implied in the questions that have been submitted, Every case of insanity is a case by itself, and has to be exainined with all the light that can be thrown on it, and it is impossible for me to give an opinion, therefore, upon # hypothetical case. ‘Testimony of Mr. Dawson. @ Are you aclork in the National Hotel in this city? A. Yes, sir. Q Look at that letter and see if it was ever received in the National Hotel’? A. 3t was found among the initial letters a couple of weeks before I was here; I noticed it, and the initials struck me as rather pecuHar. Nene Fda know the exact date when it was received? jo, sir. By Judge Advocate Bincuam—Q I opened it when rr ought it to me. It was not opened before? A. io, sir, . PrETMAN, at the request of the Court, then read the following letter :— Ranch Bripar, Api 6, 1865. 2, aud reply Sovrn B: Friexp Wit.xxs—I received. yours of March ‘an soon as practicable. I saw Frenoh, Brady and others About the om. speculiion. ‘The subscription to the stock amounts to cight thousand dollars, and Ladd one thousaud my- self, which is about all Lean stand now. Wheu you sink your weil go deep enough; don’t fail; everything depends on you and your Helpers, \f you can't get through on your trip after you srile dle, strike through Thornton Gap aud eros Capon, Romney, and down the branch, and I can keep you safe from all bardship fora year, I'am clear Of all surveillance now that infernal Purdy Is boat. J bired that girl to charge him with an outrage, und reported him to old Kelly which sent bim inthe shade: but he suspects too dann much, Now had he better be SiLKNCKD FORK GOOD. I ‘drunk you will get rstood if'loat. Ican’t Thave been drunk for two days. Don't write ao Nigh fulutin next time, No more, only Juke will be at Green's with the funds. Burn this, Truly yours, LEON. Sue Guthrie senda much love. Matled at Ownberland, Md., April 8. ‘This letter, according to the post mark, was mailed at Cumberland, Md., April 8, although it is dated April 6. Q To whom, besides Wilkes Booth, who stopped at your hotel, do these initials belong? A. As far as I re- member I don’t know anybody else to my knowledge. Testimony of Mr. Nott. Q [believe that you were the barkeeper, or one of the attendants, at the hotel at Surrattsville? A. Yos, sir, Q. How long was that youremploymont? A. From January till f was arrested on the 16th of April; one time I was away a week, and sometimes I would be away Bday or two. Q [desire to ask you what your attitude has been toward the government since the wart A. I have never dono anything again st it. Q Or said anything against tt? A, No, sir. inion party in’ Maryland? A. ir. Do you know Mr. Smooth? A. Yea, sir. What ts his tirst name? A. Edward. Q Do zon recollect having any conversation with him hoof April? A. I do not sir. Q. Do you recollect his saying to you that {t was sup- ir ae HL Surratt was one of the murderers? A. jo, sir. @. Do you recollect telling hin that Surratt was un- doubtedly in New York at that time? A. I may or may not, but I don't recollect it. @ Did you say to him that John knows all about that matter, and that you could have told him all about it, and how it would have occurred six months ago? A. No, rt a ir. @ Did you at that time tell him not to mention the conversation bad with him? A. No, sir; I don't think I could have said such a ia Q. You have never bven unfriendly to the government? A. No, sir, Testimony of Mr. Reybold. Q@ Have you visited Ford’s theatre since you were upon the stand? A. Yes, sir; I have, @ Did you examine the keepers of the locks of boxes Nos, 7 8 =A. Yes, sir. Q. State the condition in which you found them. A. Box No. 6 had been forced, and tho’ wood was split; box No, 7 was also forced; you could put the screws in and out of box No. 8; the keeper is forced aside. Testimony of Mr! Smooth, for the Prose. eution. Q State where you roside. A In Prince George ont low near Surrattaville? A. About one mile. Are you a witha man named Jenkins, a drothor of Mrs. Surratt?’ A. Yes, sir; I know two of hor brothers. Q. Do you know the one who has testified in thts case— J. Jenkins? A. Yes, sir. Q State what position he has occupied to the govern- ment toward the robellion, A. During the first year he was looked upon asa Union man; after that he was looked upon as a secesh sympathizer. Q Do you know Mr. Nour A Yes. @. Did you bave any conversation with him oa the | Saturday ancceeding the murder? A. I had. Q Stato what it was. A. I met two young men con- nected with Genera! Augor's office, and one of them told | me Surratt was supposed to be’ the man who cut Mr. Seward, and Tasked Mr. Nott if he could tell me where ‘Surrait waa; he said he thought he was in*New York by that timo; f asked him why that wes, and ho said, “My God, John’ Surratt knows ail about ihie, and do you sap- pose he is po to siay in Washington and let thom catch him? 1 could have told you this thing was goin, happen six months ago.”’ Then he said, “ keep in your skin, for if you should mention jt, it would ruin ine. Q. What was Nott’s attitude to the government? A. I have heard him speak against the government and de- pounce the administration in every manner and form, and heard bim say that if the South did not succeed he did not want to live another day. In @ long cros#-oxamination the wituess simply ro- peated his testimony in chief. Testimony of Mr. ye Q State where you reside. A In ince George count Q iow far trom Surrettevitle? A. Three or four hun- dred yards. Q Are you acquainted with J. B. Jenkioa A Yes, | oir, Q How long have you known him? A. Since 1861. Q State to the court whether you held any position under the government. A. I was appointed as onroiling officer on the 12th of June, 1863, Q State w the court what the reputation of Jenkins is or has been since 1861 with referenco to loyalty. A. I pevor heard but one opinion, and that is that in 1861 he ‘wos looked upon as a Union mau, and after that time as & sympathizer with the South. . Has ho boon in the attitude of atalkor against the goverument? A. Yes, sir, since 1862, CROSS-BXAMINATION. Q@ Were you a member of Fox's company in 1864 A. No, sit; 1 was a member of another company. @. You stato that up to 1862 Jenkins was recarded as aUnion man? A. Yes, sir; Teaw him betwen the Oth of April, 1861, and the 9th of Jv he Wee beoging money fora Union man’s famity wie’ od been kuled; the next time I saw him was at my hor he was then a ace eee of the Laon ¥. wi at have you heard of Jenk'ns » is6a? AL T have been living = Surrattaviiic «ince September, 1863, and have sven Jenkins nearly every day; he was then atalker against the government, andat the election at which we voted for the constitution he sald he had been offored office under tho damned governinout, he would not hold office under euch a God ued govern. ment. What government? A. Tho government of the United States Q What do you mean pd government? A. The faws, the constitution and the enforcoment thoreof. The Court here adjourned till ten o'clock to-morrow morning. Mise Anna Serratt and Her Mother. Wasmscton, Juno 2, 1864. During the recess hour Miss Anna Surrast entered the conrt room and took ® seat near her mother. She was dressed in deep mourning, and hor eyo had the appear. ance of being heavy with grief. She occupiod the name during the afternoon ings, bed it below {the valved by her mother “tha worrowrul tho raised bench vceupied eyes of the mother wore almost constantly bent on her @aughier with a look of yearning. é The Yellow Fever Conspiracy. Py eh eRe LJ eon | 0 Ai twenty dollars to rtm Avs the fever infected clothes into ag ar A person samed Harris onget me in Ju! it Ld now hotties, or of bis ; wheres’ be boa went fa the asnal way. fis rence to twenty dollars boing ae me ae ane doors for amuggling, are bare- Chesapeake. Joun, N. B., June 2, 1965, In the Admiralty causo of the Queen versus Seeley, of to-day, Sir James Carter, Chief Justice, Parker and Ritchie presiding, the jury went out, There is no probability of agreeing. The trial excites no Interest. The ship Constitution, from New York, is supposed to be at tho isiend, HE {8 RAISING A GUERWLA BAND, TUE LOYAL GOVERNOR ILL. His Address on His Proposed Pelicy in Virginia, key key Our Richmond Correspondence. Ricumoap, Va, May 31, 1865. RXTRA RILLY GMITH HEARD PROM. A near relative, I learn upon authority, of ex-Governor Extra Billy Smith reached the city yesterday, and an- nounces that the fugitive State ruler is roaming about in the mountains back of Staunton, Virginia, and that he says he proposes to Gght it out, though he denies the aaser- tion that he is organizing a gucrilla force other than sufficient to protect himself. Smith also denies that he advised the destruction of Lynchburg. TLENESS OF GOVERNOR FIERrONT. Governor Piorpont was ill throughout yesterday, but received delegations as usual, and reeponded,ias is his wont, to large numbers of them. ‘THE EX-GECRETARY OF THE INFERIOR, STUART, was taken suddenly ill yosterday morning at the Pow- hatan Hotel, Just as he was about setting out for the headquarters of Major General Devens. The ex-Secre- tary was understood to be improving last night, and he will probably leave for his home this morning. HON, JOHN MINOR OTS is expected to be here on Thursday nex upon the invita- tion of Governor Pierpont. MOSHY'S MEN. It is said that a large number of Mosby's mon are still at large in the mountains of the Btate. ARRIVAL, OF THE COLLECTOR OF INTERNAL REVENUE. Mr. James, rocently appointed collector of internal revenue for this district of Virginia, arrived here last | evening, and will at once commence assessing and col- lecting the taxes under the Internat Revenue taw. AN RUPORTANT AND STIRIING ADDRESS FROM GOVERNOR | PIERPONT. Among the delegations received by his Excellency the | Goyernor yesterday was one headed by Hon. Mr. Bald- win, In reply to some gratulatory remarks the Gover- nor responded as follows :— Mr. BaLowin axp Gextinnx—Iam glad to meet you hero this morning. Iam glad to hear s#ntiments so in- spiring to the Amorican heart—such sentiments as we delighted to dwell upon in the halcyon days of the repub- lic, when we all bowed wnder the old flag and all were devoted to a land established in the providence of God as a home forthe oppressed of every clime. I wish that the last four years could be buriéd in the past, and that we could forget them. We cannot. ‘Thoy aro'a part of history, and as sensible men we must now endeavor to heal the wounds which have,been made, We wish to live togother, to aesocinte together, to enjoy the social circle together. It is not to yourinterest nor mine, when we mcet on thestrtet, (o bs snarling and biting and r to tear outeach othor’s vitals. Commerce doos not flourish, cities are not built, railroads are not made, none of the great interests of @ Stuve can be advanced under such a | state of feeling. It is amity, good will, faith in one another—your faith in me and mino in you—which will give us progress, Want of faith makes the savage. Now the contest is over we will forget it us far a4 possible, and turn our attention to the old tate we all love so well How many great and glorious memories clustor around her! Wo nevor look at that statue n and remom- ber bis achievements at Yorktown—at the North and the South—that our hearts do not rise within us, and we ex- claim, God bless Washington! Wo have, too, the memo- Ties of other great men, who, while the wilderness yot spread its branches over our Stale, commenced their work. They progressed and left it uncompleted, and we must now take up their work and goon with it, The blight of desolation which has falten upon the land must be for- gotten, and with faith in cach other, good will towards all, ‘we must go on giving new life to our commerce, adding to onr internal improvements and doing all we can to Testore tho glory of the old State, My situation here ts ‘an anomalous one, growing out of the war, I feel it as ecvsibly and delicately as any gentleman In Eastern Vir- ginia can feel it for me. My views in tho outset of this ‘war differed from those of some of the gentiemen before me, and I co-operated with the party which I thought was right, ‘Tho position I now occupy is not of my own sovking, but was assigned me by those with whom I co- operated m tho great struggle to ma‘ntain the American irginian, and I confess, with » awelling heart, that I feel proud of the place of my nativity. You, too, are Virginians and my countrymen. I think | that by co-operating together we will have our civil rela- tions restored and our relations with the United States resumed. In doing this wo will have to bear and for- bear.. I would advise all the citizens of Virginia to be cantious and peaceablo. Resolve to do right and leave tho consequences to God. Try to build up our railroads and to make the State prosperous, The consti- tution under which we aro now acting was, you all know, & provisional ono, It was made in tine of wi and you all understand the fury of war legislation. For: tunately it has within itself the correction of every evil it contains. I appreciate tho difficulties under which you labor, and no man’s heart is more earnest in tho desire to restore to Virginians and all other Americans their rights. L intend to do all Ican and with the best judgment I have to accomplish this, I thank you for your counsel, and as long as am here I shall be giaa to consult with you. I have no political ambition, and I have promised myseif that, as soon as the State hag resurned hee position in the United Slates, and the imachivery of government ts again in eperation, that I shall retire from my position. “I think that when everything again sctties down in the old chanue! the pec ad rather | have some one else, I know how you fee! abouvit. I | have taken a prominent part in the war. My home has been in Western Virginia, and not umong you. Yet I like your part of the old ‘State, I like 1: ‘climate and its people, and after my mission hore is over I shall settle among you to spend the romainder of my iife. My mission here wili have boon performed when the government of the State is once more in order. I shall then leave you as @ friend; as one whose earnest desire has been for your ‘welfare, and who hopes to earn the kind remombrance: of a people whove happiness has been % him ws his own. Our banking system witf*hiave to be olosed. Tho banks cannot resume the redemption of their notes: in fegal currency. ‘The United States mposes - tax of ten per cent on all bank imues except ite own, aud this, if thero were no other cuuse, would drive State banks ut of oxistence, Lam glad of it;tor tt brings a period when there will be a nationat currency good all over the country, and when a note issued in Richmond will be as good in Chicago as it is here, —_A# to the educational in- terout of tho State, Ido not ae that anything can be done just now. We have no money for that purposo in the Treasury, and it iaas much a the State can do now to take care of her blind and lunatic asylume, You must look to the great interests of the State, Tho old lnhor system is broken up. To you, gesitlomen, from the coun- try, I would give this advice:—Lot tie farmers who own largo tracts of land go (o work and cut them ap into small lots and sell off what they can sparc. It will bring certain rity. If the laud on the peninsula were cut up into small tracts and sold there would soon bea railroad from here to Fortress Mouroe, built by the farmers themselves. Do not let as waste time in re, i- ning and complaining over t jets of to-day; it will only delay the prosperity of our State, Let as put them away from us and go to work cheerfully, knowing that these troubles will soon pass away, and’ that the fore- bodings of the present, and gloomy regrets of the past, ke | $1.30 at his depot, 438 cnas, % HALPINE AND MILES O'REILLE, gu TORS AND PROPRIETORS, TABLE OF COwrnwrs, Momotes of Mititary “Chiefs. General John Sedgwictt, 1 of the War, Colonels Robest Monten "V7 “ier the Olty Hall BASE ST ey nna De OLN" Nae ew Personal Shaw and James George Ea Racy Editorials on Gurrent Topiah * ‘The Stantoa-Sherman Lmbroglio, . Amusing Military Lmposture at the Kew ¥.\wk Hotel. Poems, Epigrams and Translations, bed Town-Talk of the Day, artistic, literary and iramatio goaslp. ¢ \ A LIVE PAPER, ORIGINAL IN BVBRY LINKA Prior, five dollars a year; ten cents 3 Publication oficos 40 Park row aud. 813 Broadway. | For eale owa a ‘or ale by all whe waderstand tbair The Nuptinl 7: Tlas been described as » knot fixed with the tongue which teeth cannot unloose. But the teeth themselves, if Ful by the aid of SOZODONT, are powerful cing the fascination which leads to marriage. which this delicious preparation lends to the breath, — has 9 decidedly hymencal tendency. breath” Whal heart can rosiat theta White ? A Differen: York, iustead o stuck in them. place arab Hate whieh NOX of No. 3g Brvae reat variety 0 4 Sometimes, though, m A—Important to Soldicrs.—éents’ Wool Suits, $18; Boys’ All Wool Suits, $9, at I. V. KAW'S, S34 Fourth avenue, and 62 Lafnyette place. Barry’s Tricopherous, for the Skin an@ Hiair.—Patronized by the principal famflies in Europe and Americ. ‘This exellent article fs admitted to be the xtand~ ard preparauion for all purposes connected with the hatr, nis its falling off, eradiestes scurt, dandruff, &c., and he most’ Beautiful conditién. | Fs habitual une 80 of oil, pomatum, or any other preparation, on by Newbury E Sonn as . IT Quoen street, Jorey, Europe; Bhayer, Tondoh: Sones & Go. 23 Hontornrd dest rch & Co,, No. i Molesworth street, Dub! 1 ne & Co., San Tal Hampatead, Bebze, Hon- duras: Pou, Panama; Niobey, Braail; Neons & ‘Austra~ lin: us, Vera € M * A Prussia, Jocwate, Rus sxcipal office, 374 P gists throughout the Ui Batehelor’s Hatr Dye—The Best im the Ad. les 4 Luneo Us. only perfest Uyo. Factory 6 Barclay sireet. cs Bunions or Enlargement of the Great toe joint cured, without pain, by Dr. ZACHARIE, 980 Broadway. * Best and Cheapost—Miller’s Hair Dye. ‘Try it. Lage nize, 7c. Sold by druggints. Depot, 56 Dey an Card to Druggists—Dr. Gouraud Has increased the size of botiles for bis ORIENTAL CREAM. Hereafter the Fotall prices will be OA large bottlesg E i ny aan eee ene ey ne no SGURAUD, 453 Beoaderag. Cristadoro’s Hair Dye, Preservative and Wig Depot, prholenale and retail, No, @ Astor Hous, The dye applied by wkilitut artists, Chevaliers Life for the Hair Restores y hair to tts original color, stops its falling out, keeps the: clean, Stands above comparison with uny other hair dressing. “Bold at the drug stores and at ay oflce, No. Broadway. JARAH A. CHEVALIER, M. Clothing.—A Fine Stock of Men’s and Boy's Clothing, at the lowest jecn, at FREEMAM BURRS one price clothing warehouse, 124 Fulton and Nanaan streets, corner opposite Sun building, getamt - Catarrh.—Dr. R. Goodale’s Catarrh Re- meiy cures the most bepeeee: cases known, and restores ne be rod Fer Pony " bal . oe otam) oS let. 10. nn street, ui um, On A YORTON & ANDREWS, Sele agente. Cneep. a :~4 m £ nioneme out o i to $7; to a “ RK tid und ta Wilts rhreot LARKK, Cedar Camphor, — a a Oheeap, fragrant, durable, and is reliable. upaiais, Lowe Sof country. ae and ie MRIS & CHAP SA , Boston. H. Schenck, of Philadelphia, ‘mas the public that hin roome have bees Bond sirvet, New York, for over three years, where ¢ has successfully treated consumption and oll dissases he lungs liver, 8c. and they will continue to be there oaly, Dr. SCHENCK has no other offis in New York. He will at his roma, No. 32 ‘usual, Tueaday only, from 9 A. M. unull 3 free, but his medicines may be Beware of impontors. For Matters of Great Interest to Shert- DAN'S ARMY in Texas noe Eighth page. Get Mra, S. A. Alien’s World’s Hale RESTORER AND DRESSING for restoring, iavigorating aud beautifying the hair. Gouraa from low foreheads or any part of the body. way, hear Grand) Gold Hunting Watches—From Seventyr= five hundred lor . O. NEN? No! dls hitondway, one doo? below Gaual street, fee merly No. 1 Wall street. Highest Premium Lockstiteh Sewing Machine Mi Buttonho lachine. Rene “WHEELER & WILSON, 6235 Broadway, N. ¥. Hats of all ongten, ong Summee + 00) ing str: . cassimere, linen, cloth and Tatts MILLER & Co.'s, 497 Broadway. Immense hla borne —s bags: Books— Booka, Blere ares, &c., on band, cheap. DRGCAr BHOTHERS, 113 Nassau street, below Heekman Knitting Machines—For Factories and families, DALTON Kaitting Machine Co., 637 Broadway. Ladies’ and Misses’ Dress and Seaside Hats, trimmed aud untrimmed, at J. A. MILLER & 008, 497 roadway. Ladies W: ing Boots and Shoes few themselves and families, articlon, at moderate pricem should patronize MILLER & CO, 87 Canal street. Mosq ulto Neots. PATENT PORTABLE CANOPIRA, G. L, & J, B. KELTY, 390 Broadway. rr or Baldness.—Forty= Wvice free by Dr. GRANDJBAN, Aster No More = five years practice, place. Old Eyes Made hog " aptinn pamphlet directing bow reatore up spectnolon,. without aid of ‘Toor oc mediite ‘aeat Bill, free, on reonipt of ten conte. Address HB. voor, M. D., 1,180 Broadway, Ni will sven be dispelled by the bright and enduring pro _ mises of «happy future. In conclusion, gentlemen, let Peppard & C . Me -. fated 108 2 u pose— 105 Grand street, corner of lercer, hat thor on rs 4 hac aba bndic oseudl aatanines pease Sagtly renovated, ure how in first rate oriler, aud Wave ame , contodatio tw Tho address was followed by hearty applaure. Her Mirror Many Satisfy a Lady that her dreas ts fanitiors—that all that can fascinate the eye ia combined in hor costume; but yet ahe will not consider har- elf irvesietible until she has added the crowning charm to her attractions, by sprinkling PHALON'S NIGHT BLOOM. ING CKBBUS on her lace handkerchief. Bold everywhere. A ° . . . . . Ray or Hore —To weak, dobilitated dyspeptics, ny life of ny, we offer eee we RLANTATION BITTERS This remarkable medicine re- A ing an and sure remody. Hoven sour stomach, headnehe, heart ‘and all the eym| of dyspepsia, al ones. (J ‘effect in felt upon the trial PLENEATION BITTERS are the ploasantent tonto in the world. ‘hs old, the young and the mddln aged acknowledge thete der ti power, Who change of dial fs fececeaty while wetng them. Rat all tof the best you can TELANTATION RIFTRS fre exhausted Natore's great 1 ne Lo momuch rertorer. o the and brilliancy nt ve ema eae ee ELE at lark nens o'er iro ny P TO PROVE It THY A HOTTER. Furntshing Stock at $4 White Shirts four for $10; 100 Park row, opposite Astor House, Ask For Mrs. &. A. Allen's World's Hair Restorer and Dressing, They have no equals, and should be used at this season. Av—Marsh’s Trass Office, 223 Broadway Moo gua A.—Legal Lottery Prizes Cashed. OM- cial drawings, sircalars ond jaformation sent. J.B, CLAYTON, 10 Wail street, New York. All Should Sco Facd'’s “Washington on ort Trenton." Admission free. Gi sad $63 Broa. ™ Buiiding).—8! Ly Elastic Stockings, itedaca nat Supportary, ee Rely tented sat tomethe | oe rant , introns after eal | Warnl more boarding horses. P ation of the Heart qubdued by the greet vegotable sedative, nerv BIOKRENE, it ie 1 druggists. feeble constitution Royal drawing of M iber—Am Einsny of and Instruction for Young Men, Publi the Hor Assoctation, and sent free of el ry velopes, Address Dr. J. Skillin Moughvon, Howard : Philadelphia, Pa. Use Mrs. 8. A. Allen's World's Hatr Kes storer and Dressing for restoring color and natura! veauty. The wi Braide, Curls, Waterfalls ‘anal % Window Shader—W' WITH Bi pl PRE ¥ o Have « Health: while soon hese ‘a impure, eonstty SyRuy the ayeter of Imyaritien, and Tiel organ Lom veo SPE SL RCP health. are tanned by impure, head, Ly cancet all foul a’ nenses; Ginees SSnstiruTiON LIFE SYRUP you thee A ite rapidity 18 removie ae dinensen, ee ee