A. No, not at all.

Q. How was that?

A. Spangler, I suppose

Q. You need not state what you suppose. State what Jake said. That is the only

question before the Court.

A. That is what I have stated.

LOUIS J. Carland.
For the Defense.-June 12.

By MR. EWING.

I am acquainted with Jacob Ritterspaugh. On the night of the assassination I went to Mr. Gifford's room, and Ritterspaugh was there asleep. I woke him up, and asked him where Spangler was. He seemed frightened, and thought I was Mr. Booth.

iarly before the assassination. He was there a great deal, and was very intimate with all the employees, and called them by name. He was a gentleman who would soon get acquainted, and get familiar with people on a very short acquaintance.

[Exhibiting to witness the rope found in Spangler's bag.]

ter to pull up the borders and scenes, and for We use just such ropes as that in the theabringing up lumber to the top dressing-rooms,

About

because the stairs are too narrow.
two weeks before the assassination, we used
such a rope as that to haul up some shelv-
ing for my wardrobe, through the window, to
the fourth story; Spangler and Ritterspaugh
brought it up. I do not know that the rope
we used was an extra one; there were a great
many ropes around the theater. I am not
qualified to judge about how much the rope
has been used; this one does not look like an
entirely new rope; it is not such as I would
buy for a new one; it looks as if it had been
exposed out of doors, or in the rain.

He Cross-examined by ASSISTANT JUDGE ADVOCATE
BINGHAM.

I asked him where Mr. Spangler was. told me he did not know where he was now; the last he had seen of Mr. Spangler was

when he was standing behind the scenes, and Spangler used to sleep in the theater before that he did not know where he had gone; the assassination, and he slept there on that that when the man was running past he had night, but not in the room he usually slept said that was Mr. Booth, and Spangler had in. On that night he slept in the carpenter's slapped him in the mouth and said to him, shop attached to the theater. I do not know "You do n't know who it is; it may be Mr. where he slept on Sunday night. Booth, or it may be somebody else."

He did not say then that Spangler slapped him on the face with the back of his hand and said, "Don't say which way he went," nor any thing to that effect.

It was about 12 o'clock on Friday night when I woke Ritterspaugh up; there was no one with me, but a policeman stood in the Mr. Gifford's bed is in the passage-way. manager's office, on the first floor of the green-room; that is where I found Ritterhim up, and thought it was Booth. spaugh. He was frightened when I woke He did not say any thing to me about Booth drawing a knife on him. When I asked, “Where is Ned?" he said he did not know where he

was; that he supposed he was up. I made no reply, and he went on and said that when Booth ran out through the passage-way, while he and Ned were standing behind the scenes, he made the remark, "That is Mr. Booth," "You don't know whether it is Mr. Booth, and Ned slepped him in the mouth and said,

or who it is." That is all that I remember

I did not see Spangler until the next day; then I saw him in the theater, on the stage. When he went up stairs to bed on the Saturday night after the assassination, he said there was some talk that the people were going to burn the theater, and as he slept very heavily, he was afraid to sleep up there; so I took him into my room, and he was there all night. He was put under arrest that night in my room. At half-past 9 o'clock on Sunday morning the guard came and relieved him, and when I was discharged we both went into the street. I went to church, and in the afternoon saw Spangler he said. again in the street near the theater. We walked round together that afternoon, and I never told it to any one but Mr. William in the evening went down to Mr. Bennett's, Withers, jr. I dined with him on the Sunand to Mr. Gurley's on C street. Some one day after the assassination, and told him then. came there and told him he was going to be arrested, and I advised him at once to go and see the detectives, and not have them The carpenter-shop is attached to the theater come after him when he was asleep and take just the same as my wardrobe is. It is not him out of his bed. I went to Mr. Barry, in the theater building, but it is included in one of the detectives, and asked him if there the theater. You do not have to go into the was any such report at the police head-quar- street to get to it. You leave the theater, ters, and he said no. I know that Spangler and there is a passage-way to go up, the same had very little money those two days, for he as we have to go to the green-room and the wanted to see Mr. Gifford to get some. dressing-rooms.

Booth frequented the theater very famil

By MR. EWING.

Ritterspaugh had fully waked up when he

Cross-examined by ASSISTANT JUDGE ADVOCATE
BINGHAM.

It is fully three weeks ago that Ritterspaugh said he was scared, and that he could not tell what he was doing; but I do not remember his precise words. He seemed to be troubled about it, and asked me if he could not make a correct statement, and I told him certainly he could.

THOMAS J. RAYBOLD.
For the Defense.-June 2.
By MR. EWING.

On Monday evening of the week previous to the assassination, I heard Booth tell Spangler to take his horse and buggy down to Tattersall's, the horse-market, and sell it. I presume Spangler sold it. He brought the man up with him, and asked me to count the money and give him a receipt. I took the money and handed it over to Booth. Q State whether or not, since the assas- I have been engaged at Ford's Theater sination, and previous to his release from Car- since the first Monday of December a year roll Prison, Ritterspaugh told you at the ago. I was employed to take charge of the prison that the prisoner, Edward Spangler, house; to see to the purchasing of every directly after the assassination of the Presi- thing required in the house, and if any redent in the theater, hit him in the face with the back of his hand and said, "Don't say which way he went."

pairs were needed, they were done through my order. In the absence of the Messrs. Ford, I was in the box-office and sold the tickets.

A. To the best of my knowledge, I never heard him say so. He asked me if he could I know of the lock on the door of box 8, amend the statement that he had made. He the President's box, as it is called, being said he had not told all he knew, and he burst open during Mrs. Bowers's engagement asked me if he could amend it. I told him in March. On the 7th of March Mr. Mercertainly, but he ought to be particular and rick, of the National Hotel, asked me, while state the truth of what he knew. That is all at dinner, to reserve some seats in the orches the conversation we ever had regarding it. tra for some company, which I did. It is He told me he had made a misstatement, and customary, after the first act is over, for had not told all he knew. He did not say what he had omitted; if he had, I should surely have remembered it, for I have had nothing but this case to think about since I have been in the Old Capitol Prison.

If any thing was wrong about the locks on the private boxes at the theater, it was the duty of the usher to inform me, and for me to have them repaired. No repairing was done to any door leading to the President's box since August or September of last year. I have frequently heard of Spangler going crab-fishing, but I never saw him. He has told me of going down to the Neck on the Saturday night, and staying till Monday morning; and I have heard others say that they had gone crabbing with him.

reserved seats, which have not been occupied, to be taken by any person wanting seats. Mr. Merrick did not come by the end of the first act, and the seats were occupied. Shortly afterward word was sent to me in the front office, saying that Mr. Merrick and his friends were there, and inquiring

for the seats.

I took them up stairs to a private box, No. 6, but it was locked, and I could not get in; I went then to boxes 7 and 8, generally termed the President's box, and they were also locked. I could not find the keys, and I supposed the usher had them; but he had left the theater, as he frequently does, when the first act is over; so I put my shoulder against the door of No. 8, the box nearest the stage, to force it open, but it did not give way to that, and I stood from it with my back and put my foot against it They use a line of that sort, with small close to the lock, and with two or three lines tied to it, about three feet apart, and kicks it came open. There is another lock pieces of meat attached as bait. The line is in the house to which I did the same thing trailed along, and as the crabs seize the bait when I could not find the key. When the they are dragged along and taken. I have President came to the theater, boxes 7 and seen ropes similar to this used, and sometimes 8 were thrown into one by the removal of a little longer. As there is but little strain the partition between them. The door to upon the rope, it is not particular about the No. 8-the one I burst open-was the one always used, and was the door used on the

Exhibiting to the witness the rope found in Spangler's

bag.

size.

night of the assassination. The other door could not be used.

Exhibiting to the witness the coil of rope found in Spangler's carpet-bag.]

I do not know whether the lock was ever I can not swear that this rope has been repaired after I burst it open. It was my used at the theater, but we used such ropes place to report it to Mr. Gifford and have it as this at the time of the Treasury Guard's repaired, but I never thought of it from that ball, from the lobby to the wings, to hang time. I frequently entered the box afterward, the colors of different nations on. It is like and always passed in without a key. I the kind of rope we use in the flies for never said a word to Mr. Gifford about re- drawing up the different borders that go pairing the lock, and never thought even of across from one wing to the other. From its examining it to see what condition it was appearance, I judge this rope has been used. in. The locks were only used to keep per- It would be lighter in color if it had not sons out when the boxes were not engaged. been.

I have frequently had to order persons out Cross-examined by Assistant Judge ADVOCATE when the boxes were left open.

BINGHAM.

Any rope that was used about the theater,

About two weeks prior to the 14th of April, J. Wilkes Booth engaged a private box, No. 4, at Ford's Theater, and in the I should judge, ought to stay there; I do afternoon he came again to the office and not think its proper place would be in a asked for an exchange of the box, and I carpet-sack half a mile off. We use a great believe it was made to box 7. I can not be many such ropes; and sometimes, when they positive whether it was box 7 or 8, that he are taken down, they lie upon the scene-loft occupied that night, but I think it was 7. until we need them again. It is the door leading into box 7 that has the hole bored in it.

The outer door, or door of the passage to the President's box, never had a lock on; I To the best of my knowledge, there were do not think it has even a latch on. I do not no tickets sold up to the time of the open- know whether the force I employed against ing of the theater on the night of the assas- the door burst the lock or the keeper off; I sination; I can not say positively, for I had supposed at the time that it started the keeper. been sick with neuralgia for several days, The fastening on the door is of pine I beand was not in the office the whole of the lieve; I do not know whether it was split or day. I was there in the morning, between not; I did not examine it. I did not touch 10 and 11, when the messenger obtained box 7. tickets for the President, and again in the

The last time I was in the President's box afternoon, but do not know of any applica- was on the morning after the assassination; tions, and if there had been, I should have I went in with some gentlemen to look at seen when I counted the house at night, the hole in the door. I did not see the which I did on the night of the assassina- mortise in the wall, nor any piece of wood tion, at 10 o'clock, as usual. to fasten the door with, nor did I see the I saw Booth on the morning of the 14th mortise the previous afternoon. I was there at the office; I do not know whether before but for about five minutes, while the flags or after the box was engaged for the Presi- were being put up. The chair was in the dent. I know he got a letter from the office box when I went in to help put up the flags; that morning. Booth's letters were directed it was placed behind the door of box No. 7, to Mr. Ford's box at the post-office, and he with the rockers in the corner toward the generally came every morning for them. audience. I did not see him in the box, but Mr. Ford would get the letters as he came my opinion is that the way the chair was from breakfast in the morning, and bring placed, the audience was rather behind the them to the office, when the letters that President as he sat in the chair. belonged to the stage would be sent there, and those belonging to Booth would be called for by him.

I can not say the precise day on which Booth occupied box No. 7. Mr. Ford was the one who sold him the box and exchanged it. There were ladies and men with Booth, I think.

By MR. EWING

To

The rocking-chair was placed in the position it occupied in the President's box simply because, in any other position, the rockers would have been in the way. When the partition was taken down, it left a triangular I can not state whether it was after Rooth corner, and the rockers went into that cor- played Pescara that he occupied that box. ner at the left of the balustrade of the box; the best of my recollection, it was about two they were there out of the way. That was weeks before the assassination; it might have the only reason why I put it there. I had been more. He had the box on two ocit so placed on two occasions before; last casions. Once when he engaged it, he did winter a year ago, when Mr. Hackett was not use it; he told me that the ladies at the playing, when the President was there. The National Hotel had disappointed him. sofa and other parts of the furniture had I do not know any thing at all 88 to been used this last season, but up to that whether Spangler got that rope from the night the chair had not. theater rightfully or not.

Recalled for the Defense.-June 2.

By MR. EWING.

I have never known him to stop at any other hotel than the National.

Cross-examined by Assistant Judge Advocate

BINGHAM.

Mr. McCullough may have called on some friend in the house, and I not see him. I have not seen him since the 26th of March. It was the very first box that we went into

Since I was upon the stand, I have visited Ford's Theater, and examined the keepers of the locks of boxes Nos. 7 and 8. The lock of box 8 is in the condition that I stated this morning. It has been forced, and the wood has been split by forcing the lock. The screw in the keeper is tight, and the keeper on visiting the theater on the 7th of March; has been forced aside. The lock on the the partition was between the box we occudoor of box 7 has been forced, which I was pied and the one to our right, further on not aware of until I saw it just now. You toward the stage. The box nearest the stage can take the upper screw out with your finger, and push it in and out; you can put your thumb against it, and put it in to the fall extent of the screw. I can not say as to its having been done with an instrument. It must have been done by force; I know that No. 8 was done by force applied to the outside of the door; the other has a similar appearance.

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

The wood in box 7 is not split a particle. The reason why I think force has been used with that lock is, that if the screw was drawn by a screw-driver, when it went back again it would have to be put back by the driver, but when force has been used, it would make the hole larger, and you could put the screw in and out just as you can the screw in the door of box 7.

By MR. AIKEN.

we did not enter at all. It was the very first box we came to that we entered, and it was the door of this box that was burst open. The upper screw came out entirely, and the keeper swung round on the lower screw, and left the lock without any fastening at all.

JAMES O'BRIEN.

For the Defense.—June 3.

I have been employed as clerk in the Quarter-master General's office. I also had an engagement at night as usher at Ford's Theater.

Some time before the assassination I noticed that the keeper of box 8 had been wrenched off. I was absent one evening, at home sick, and when I came next I found that the keeper was broken off; but, as the door shut pretty tight, I never thought of speaking about it. You might lock the door, but if you were to shove it, it would come open.

The keeper on box No. 7 appeared to be I do not know John H. Surratt. I do not all right; I always locked that box. The know any of the prisoners except Spangler. door of No. 8 was used when the Presidential He is the only one I ever saw with the ex-party occupied the box; when the party ocception of one, [Herold,] whom I knew when he was quite a boy.

HENRY E. MERRICK.
For the Defense.-June 2.
By MR. EWING.

I am a clerk at the National Hotel, Washington. On the evening of the 7th of March,

cupying the Presidential box entered, the door was always left open. The door of the pas sage leading to the two boxes had no lock on it, or fastening of any kind.

JOSEPH T. K. PLANT.
For the Defense.—June 2.
By MR. EWING.

in company with my wife, Mr. Marcus P. My occupation at present is that of a dealer Norton of Troy, N. Y., Miss Engels, and in furniture; ever since I was fourteen years Mrs Bunker, I went to Ford's Theater. Mr. old I have been, more or less, engaged in Raybold took us to a private box. We cabinet work. I have visited Ford's Theater passed down the dress-circle on the right- to-day, and have examined the keepers on hand side, and entered the first box; there boxes No. 7 and No. 8. To all appearances was a partition up at the time between the they have both been forced. The wood-work two boxes. Mr. Raybold went to the office in box 8 is shivered and splintered by the for the key, but could not find it. He then screws. In box 7, I could pull the screw with placed his shoulder, I think, against the door my thumb and finger; the tap was gone clear and burst it open. The keeper was burst to the point. I could force it back with my off I think; at least the screw that held thumb. In box 4, which is directly under box the upper part of the keeper came out, and 8, the keeper is gone entirely.

it whirled around, and hung by the lower I should judge that the keepers in boxes 7 and 8 were made loose by force; I could not

screw.

Our books show that John McCullough, see any evidence of an instrument having the actor, left the National Hotel on the 26th been used to draw the screws in either of of March; since then I have not seen him. them.

I am clerk at the National Hotel. The rest. day after the assassination I packed Booth's effects at the National, and had his trunk removed into our baggage-room. In his trunk I found a gimlet with an iron handle. I carried it to my room, and afterward gave it to Mr. Hall, who was attending to Mr. Ford's business.

John McCullough, who always made his home at the National, I find registered his name the last time on March 11; he left on the 26th of March.