opposite the prompter's place. Keeping the passage-way clear would not be a duty of Spangler's, unless he was specially charged with it. case of the prisoner, Arnold, who in his confession, as orally detailed here, stated that the plan was to capture the President, and Chester corroborates that; and also to assist the Spangler, I know, considered Baltimore case of the prisoner, Spangler, by showing that his home. He buried his wife there about a Booth was not able to get, or did not get, in year ago, or less, while in my employ. He the theater any instruments to assist him in usually spent his summer months there, the purpose, and was endeavoring to get during the vacation of the theater, chiefly in them brought there-men that he had precrab-fishing. I have understood he was a viously manipulated. I think it is legiti great crab-fisher; we used to plague him mate. about it. house, in his carpet-bag. Assistant Judge Advocate BINGHAM. Noth[Exhibiting a coil of rope found at Spangler's boarding-ing can be clearer, if the Court please, than that it is utterly incompetent. It is not a That rope might be used as a crab-line, simple question of relevancy here; it is abthough it is rather short for that purpose. solute incompetency. A party who conspires Professional crab-fishers use much longer to do a crime may approach the most upropes than this, four hundred or five hun-right man in the world with whom he has dred feet long, though I have seen ropes as been, before the criminality was known to short as this, which I understand is eighty the world, on terms of intimacy, and whose feet, used by amateurs in that sport. The position in the world, was such that he might rope is supported by a buoy, and to it are be on terms of intimacy with reputable genattached smaller ropes or lines. Spangler seemed to have a great admiration for J. Wilkes Booth; I have noticed that in my business on the stage with the stage-manager. tlemen. It is the misfortune of a man that is approached in that way; it is not his crime, and it is not colorably his crime either. It does not follow now, because Booth chose to approach this man Chester, Booth was a peculiarly fascinating man, that Booth is therefore armed with the and controlled the lower class of people, power, living or dead, to come into a court such as Spangler belonged to, more, I sup of justice and prove on his own motion, or pose, than ordinary men would. Spangler on the motion of anybody else, what he may was not in the employ of Booth, that I know, have said touching that man to third perand only since the assassination have I heard sons. The law is too jealous of the reputathat he was in the habit of waiting upon tion and character of men to permit any him. I have never known Spangler to wear such proceedings as that. a moustache. I have known John Wilkes Booth since his childhood, and intimately for six or seven years. Q State whether you have ever heard Booth speak of Samuel K. Chester, and, so, in what connection and where. if Assistant Judge Advocate BINGHAM. object to any proof about what he said in regard to Chester. Q [By Mr. EwING.] State whether or not Booth ever applied to you to employ Chester, who has been a witness for the prosecution, in your theater. Assistant Judge Advocate BINGHAM. That I object to. It is certainly not competent to introduce declarations of Booth made to anybody in the absence of a witness that may be called, relative to a transaction of his, to affect him in any way at all. I object to it as wholly incompetent. The Commission sustained the objection. A. I should not think so; I have seen him make a similar leap without any hesitation, and I am aware that he usually inItroduced such a leap into the play of "Macbeth." Q. Do you think, then, from your knowledge of the physical powers of Booth, that that leap was one that he would not need to rehearse? A. I should not think a rehearsal of it was needed. He was a very bold, fearless man; he always had the reputation of being of that character. He excelled in all manly sports. We never rehearse leaps in the theater, even when they are necessary to the action of the play; they may be gone over the first time a play is performed, but it is Mr. EWING. It is not to attack Chester, not usual. Booth had a reputation for being may it please the Court, that I make this a great gymnast. He introduced, in some inquiry, but rather to corroborate him; to Shakspearian plays, some of the most extrashow that Booth, while manipulating Ches- ordinary and outrageous leaps at least they ter to induce him to go into a conspiracy for were deemed so by the critics, and were conthe capture of the President, was actually at demned by the press at the time. the same time endeavoring to induce Mr. I saw him on one occasion make one of Ford to employ Chester, in order that he these extraordinary leaps, and the Baltimore might get him here to the theater and use Sun condemned it in an editorial the next him as an instrument; and it goes to affect day-styling him "the gymnastic actor." the case of several prisoners at the bar-the It was in the play of "Macbeth," the en trance to the witch scene; he jumped from rare. My reason for constructing so many a high rock down on the stage, as high or perhaps higher than the box; I think nearly as high as from the top of the scene; and he made the leap with apparent ease. boxes to this theater was, that usually pri vate boxes were in demand in Washingtonmore so than in almost any other city. It is not a favorable place to see a performance, but it is a fashionable place here to which to take company. Recalled for the Defense.-June 9. By MR. EWING. Booth was in the habit of frequenting Ford's Theater at Washington. I seldom visited the theater but what I found him about or near it, during the day, while I was there. I usually came down to the theater three days a week, devoting the other three to my business in Baltimore, and being there I have known Edward Spangler for nearly between the hours of 10 and 3. I would four years. He has been in my employ most nearly always meet Booth there when he of that time. He was always regarded as a was in the city. He had his letters directed very good-natured, kind, willing man. His to the theater, and that was the cause of only fault was in occasionally drinking more his frequent visits there, as I thought then. liquor than he should have done, not so as The last time I saw Booth was some two or to make him vicious, but more to unfit him three weeks before the assassination. to work. Since he has been in my employ The last appearance of John McCullough I never knew him to be in but one quarrel, at my theater in Washington was on the 18th and that was through drink. He was always of March, the night, I believe, when the willing to do any thing, and was a very good, "Apostate was played. Mr. McCullough efficient drudge. He was considered a very always appears with Mr. Forrest, and he has harmless man by the company around the since appeared in New York. theater, and was often the subject of sport and fun. I do not think he was intrusted Cross-examined by ASSISTANT JUDGE ADVOCATE with the confidence of others to any extent. BINGHAM. He had not many associates. He had no I can not state positively that the private in a bed; he usually slept in the theater. self-respect, and was a man that rarely slept boxes are locked when not in actual use; that is our custom in Baltimore. Mr. Gif. I never knew any thing of his political sentiford, who had control of the whole theater, ments in this city; never heard from him an is the responsible party whom I should expression of partisan or political feeling. blame for any thing wrong about the boxes. In Baltimore he was known to be a member We keep the boxes locked, and the keys in of the American Order. the box-office; here, I understand, the custom is for the ushers to keep the keys. James O'Brien was the usher of the dress-circle, and James R. Ford and Henry Clay Ford were the parties authorized to sell tickets for those boxes that day. Q. Do you know as a fact that none of the boxes were occupied that night, except that occupied by the President? A. I have only heard so. Q. Is the play of the "American Cousin a popular one? Does it attract considerable audiences? A. It was, when originally produced, an exceedingly attractive play; of late years it has not been a strong card, but a fair attraction. Q. Is it not a very unusual thing, when such plays are produced, for your private boxes to be entirely empty? A. Washington is a very good place for selling boxes usually. They are generally in demand, and nearly always two or three boxes are sold. By MR. CLAMPITT. I never met J. Z. Jenkins except in Carroll Prison. JOSEPH S. SESSFORD. For the Defense.-June. 3. I was seller of tickets at Ford's Theater. My business commenced about half-past 6 in the evening. None of the private boxes, except that occupied by the party of the President, were applied for on the evening of the assassination, nor had any been sold during the day that I know of. WILLIAM WITHers, Jr. Recalled for the Defense.-May 31. By MR. EWING. The door leading into the alley from the passage was shut when Booth rushed out. After he made the spring from the box, and Q. Can you recall any occasion on which ran across the stage, he made a cut at me, a play, so popular and attractive as that was, and knocked me down to the first entrance; presented when none of your private boxes, then I got a side view of him. The door was save the one occupied by the President, was shut, but it opened very easily; I saw that used? distinctly. He made a plunge right at the A. I remember occasions when we sold knob of the door, and out he went, and pulled no boxes at all, and had quite a full house-the door after him. He swung it as he went a good audience; but those occasions were out. I did not see Booth during the day. HENRY M. JAMES. By MR. EWING. I saw Spangler three or four times that evening on the stage in his proper position. I saw him about two minutes before the shot was fired. He was on the same side I was onthe same side as the President's box. About five minutes after the shot was fired I again saw Spangler standing on the stage, with a crowd of people who had collected there. I was at Ford's Theater on the night of the assassination. When the shot was fired, I was standing ready to draw off the flat, and Mr. Spangler was standing right opposite I saw Booth when he made his exit. I to me on the stage, on the same side as was standing in the first entrance on the the President's box, about ten feet from me. left-hand side. When he came to the center From his position he could not see the box, of the stage, I saw that he had a long knife nor the side of the stage on which Booth in his hand. It seemed to me to be a doublejumped. I had frequently during the play edged knife, and looked like a new one. He seen Spangler at his post I saw no one with him. The passage-way was clear at paused about a second, I should think, and the time; it was our business to keep it clear; right-hand side. I think he had time to get it was more Spangler's business than mine. out of the back door before any person was I saw Spangler when the President entered on the stage. It was, perhaps, two or three the theater. When the people applauded on seconds after he made his exit before I saw the President's entry, he applauded with them, with both hands and feet. He clapped first person I noticed was a tall, stout gentleany person on the stage in pursuit. The his hands and stamped his feet, and seemed as pleased as anybody to see the President man, with gray clothes on, I think, and I believe a moustache. Booth did not, seem to run very fast across the stage; he seemed to be stooping a little when he ran off. The distance he ran would be about thirtyfive or forty feet; but he was off the stage two or three seconds before this gentleman running the fastest. was on, and of the two, I think Booth was then went off at the first entrance to the come in. I did not see Jacob Ritterspaugh near Spangler that evening. He might have been there behind the scenes, but I did not see him. I can not say how long I staid in my position after the shot was fired; it might have been a minute. I did not see Spangler at all after that happened. By ASSISTANT JUDGE ADVOCATE BINGHAM. Jacob Ritterspaugh was employed there, and it was his business to be there behind the scenes, though I did not see him. J. L. DEBONAY. By MR. AIKEN. I was at the theater at 12 o'clock that day. I did not see Booth there. Recalled for the Prosecution.-June 13. When the shot was fired on the night of the assassination, I was standing on the lefthand side of the first entrance, the side the President's box was on. About a minute and a half or two minutes after Mr. Stewart left I was playing what is called "responsible the stage, or about time to allow of his getting atility" at Ford's Theater at the time of to the back door, I saw Spangler shove the the assassination. On the evening of the scene back to give the whole stage to the assassination, Booth came up to the alley people who came on. I do not know who door and said to me, "Tell Spangler to assisted him. Spangler then came to the come to the door and hold my horse." I did front of the stage with the rest of the people. not see his horse. I went over to where There was then a cry for water. I started Mr. Spangler was, on the left-hand side, at to the green-room, and he came the same his post, and said, "Mr. Booth wants you to way. About a half dozen of us went to get hold his horse." He then went to the door some water to carry it to the private box. and went outside, and was there about a When Booth wanted Spangler to hold his minute, when Mr. Booth came in. Booth horse, and I went over to tell him, Spangler asked me if he could get across the stage. I and Sleichman were standing close to each told him no, the dairy scene was on, and he other on the opposite side of the stage, the would have to go under the stage and come side of the President's box. Spangler then up on the other side. About the time that left; I saw him go out to Booth, and in about he got upon the other side, Spangler called a minute or a minute and a half Booth came to me, "Tell Peanut John to come here and in. hold this horse; I have not time. Mr. I heard no conversation between Spangler Gifford is out in the front of the theater, and and Booth. Booth met Spangler at the door, all the responsibility of the scene lies upon and was standing at the door on the outside me." I went on the other side and called the door was about half open when Spangler John, and John went there and held the went out. If any person had followed Spanhorse, when Spangler came in and returned gler I should have seen him. I was half-way between the back door and the green-room, to his post. BINGHAM. about eighteen or twenty feet distant, I sup- Cross-examined by ASSISTANT JUDGE ADVOCATE pose. Booth, when he came in, went under the stage to the opposite side, and went out I sat in the dress-circle on the north side, of the side door; I went under the stage and crossed with him. I did not see him speak Booth passed. From the place where I sat I the same side as the entrance through which to any one. I was in front of the theater could not distinctly see the mouth of the about five minutes before the assassination; entrance. I did not see Spangler there. I have known Spangler for about six months. I have never seen him wear a moustache. He is a man that has been a little dissipated a considerable portion of his timefond of spreeing round. He is free in conversation, especially when in liquor. Cross-examined by the JUDGE ADVOCATE. JAMES LAMB. For the Defense.—June 2. By MR. EWING. For over a year I have been employed at Ford's Theater as artist and scene-painter. [The rope found in Spangler's bag exhibited to the witness.] When Booth passed under the stage, he I have seen ropes like this at the theater. went through the little side passage, level with There are probably forty or fifty of such ropes the lower floor of the theater, that leads out in use there. They are called border-ropes, into Tenth Street; that side passage also and are about seventy or eighty feet in length, leads up to Mr. Ford's room. I went out used for suspending the borders that hang through that passage to the front of the theater, and returned by the same way, and had taken my place on the stage when the pistol was fired. I was not doing any thing, but was leaning up against the corner of the scene at the time. We were waiting for the curtain to drop. Mr. Harry Hawk was on the stage at the moment, playing in a scene. By MR. EWING. across the stage. The borders are long strips of canvas, painted to represent some exteriors, others interiors, and as they are required to be changed for the scene that is on, they are raised or lowered by means of such ropes as these. This rope has the appearance of having been chafed; a new rope would be a little stiffer in its texture than this. I should say this is a new rope, but has been in use, though I can not detect any thing that would I played in the piece, taking the part of lead me to say it has been in use as a John Wigger, the gardener. border rope; if it had been, there would have been Cross-examined by ASSISTANT JUDGE ADVOCATE I think it is a rope very similar to the By MR. EWING. From an examination of the rope, I have no reason to believe that it was not used as a border-rope. I was in the theater the dent was assassinated, from 10 o'clock until whole of Saturday, the day after the Presi the military guard took possession, and I saw Spangler there several times during the day. By ASSISTANT JUDGE ADVOCATE BINGHAM. Recalled for the Defense.-May 31. I saw the gentleman who first got upon the stage after Booth got off. He was a large man, dressed in light clothes, with a mous tache. This gentleman was the first that got upon the stage, and I suppose it was probably two or three minutes-about that long-after Booth went off the stage that this man went out of the entrance. saw no one else run I saw him on the stage. Maddox, Jake, out of the entrance except Hawk, the young Mr. Gifford, and Mr. Wright, the stage-manman who was on the stage at the time Booth ager, were in and out occasionally. Carland jumped from the box. If any one had run was also there with Spangler, Maddox, and out of the entrance following Booth, I should myself, in the forenoon, loitering and walkprobably have seen him, because I thought ing about, sometimes sitting down; there it was very singular that those who were near was no companionship particularly. I have the stage did not try to get on it. not seen Spangler since until this morning. As I was on the stage with Spangler on the day of the assassination, we saw a man in the dress-circle smoking a cigar. I asked Spangler who it was, but he did not know; and I said we ought to tell him to go out; but Spangler said he had no charge on that side of the theater, and had no right to do, so. I took no more notice of him, and went to my work again. After awhile I saw him sitting in the lower private box, on the righthand side of the stage. He was looking at us. I told Ned, and he spoke to him, and then the man went out. That was about 6 o'clock on the evening of the day on which the President was assassinated. That was Cross-examined by ASSISTANT JUDGE ADVOCATE hand. Ritterspaugh said, "It is well for him I had not something in my hand to return the blow." Then he represented Spangler as saying, when he slapped him, "Hush up; hush up; you know nothing about it. What do you know about it? Keep quiet;" hushing him up. Ritterspaugh did not say to me that when Spangler hit him on the face he said, "Don't say which way he went." I am certain Ritterspaugh did not say that to me, or words to that effect. Cross-examined by ASSISTANT JUDGE ADVOCATE did Q. Can you tell just exactly the words he say, that you have sworn to already? A. Yes, sir. Q. State them. him; be. Q. Jake said he followed out the party, close to his heels? A. Near to him. Q. And that he knew who that was? A. He did not say that he followed the party. A. He was near to him. Recalled for the Defense.-June 2. I saw Ritterspaugh on the stage on Satur- Q. I am asking you what he said. Did day, the day following the President's assas- you not swear just now that he said he folsination. Ritterspaugh was grumbling, and lowed the party close to his heels? saying that it was well for Ned that he had n't something in his hand at the time. I asked him why. He replied, 'He struck me last night a very hard blow, and he said at the same time, 'Shut up; you know nothing about it.' This was said in connection with Ritterspaugh having said it was Q. Did you or did you not swear that he said he followed the party close to his heels? A. You know whether I swore it or not. Q. I ask you whether you did swear to it or not? A. I say he did. Booth that ran across the stage. Ritter- Q. Very well, then, stick to it. Then spaugh said he called out, "I know him; I Jake said he followed the party close to his know who it was; it was Booth," or something of that kind, and then Ned struck him and said "Hush up; be quiet. What do heels? A. Yes, sir. Q. And he knew who he was? you know about it?" That was while Mr. A. Yes, sir. Booth, or whoever it was, was leaving the Q. What more did Jake say? Did he stage. It was when he was making his essay he came back after following him close cape that this man Jake said he was rushing to his heels? up and made this exclamation, "That was A. No; he received a blow from Spangler, Booth; I know him; I know him; I will and that shut him up. swear that was Booth; when Ned turned round and struck him in the face with his Q. Do you swear now that Spangler followed the man close to his heels? |