you, when you asked for the news, that our against the Government. I have been enarmy had captured General Lee's army and taken Richmond?

Assistant Judge Advocate BURNETT objected to the question as incompetent and irrelevant.

I

tirely on the side of the Government during the whole war, and never, by act or word, have I aided or abetted the rebellion, and never has the scrawl of a pen gone from me across to them, nor from them to me. Mr. CLAMPITT stated that the object of the have never fed any of their soldiers, nor question was to show that the accused, Mary induced any soldiers to go into their army, E. Surratt, had, a few days before the assas-nor aided and assisted them in any way. sination, exhibited in her expressions a loyal feeling.

Assistant Judge Advocate BURNETT stated that the way to prove her character for loyalty was by bringing witnesses who knew her reputation in that respect, and not by

bringing in her own declarations.

Mr. CLAMPITT waived the question. Mrs. Surratt's reputation for loyalty was very good. I never heard it questioned, and I never heard her express any disloyal sentiments.

Re-examined by Mr. Aiken.

I am under arrest, but I do not know what for. The commissioners of our county of be given, leading to the arrest of any party fered $2,000 for any information that could

connected with the assassination, which Mr. Cottingham claimed on account of having arrested John M. Lloyd, and he asked me if I would not see the State's Attorney and see whether he could get it or not.

When I said that Mr. Kallenbach ought Cross-examined by Assistant JUDGE ADVOCATE to be a strong witness against my sister, on account of her bringing his children up, I spoke ironically.

BINGHAM.

I

J. Z. JENKINS.

Recalled for the Defense.-June 7.

By MR. AIKEN.

Mrs. Surratt is my sister. I live about a mile and a half this side of her place. was arrested by the Government about ten days ago. About 10 or 11 o'clock the night before, I met a man by the name of Kallenbach, and another by the name of Cottingham. All that I said on that occasion, that I remember, was that my sister had fed his In 1861, about the time of the first Bull family (Kallenbach's); but I did not say Run fight, I got a United States flag from that if Kallenbach or any one else testified Washington, which I and several of our against my sister, that I would send him to Union neighbors raised. There came a report hell, or see that they were put out of the shortly after that it was going to be taken way, nor did I use any threats against him down by the secesh sympathizers. I went in case he appeared as a witness against round the neighborhood and collected some Mrs. Surratt. What I did say was, that I twenty or thirty men with muskets, doubleunderstood he was a strong witness against barreled guns, or whatever they had, and my sister, which he ought to be, seeing that we lay all night round the flag to keep it up. she had raised his family of children. II was there one night and a day, I think. disremember calling him a liar during the At the time of the election, when they were conversation, and if there was any angry all Democrats round there except myself, I or excited conversation, I did not mean used money, when I had n't it to spare and it any how. He said nothing to me my family needed it, to get Union voters into about John H. Surratt going to Richmond Maryland. I remember bringing Richard with the full knowledge and consent of his Warner from the Navy Yard, Washington, mother. Mrs. Lloyd was there and heard to the polls. He had not been away long our conversation, and so also was Mr. Cot- enough to lose his vote. I have never had tingham. any intercourse, one way or another, with On the 14th of April, when Mrs. Surratt the enemies of my country. At the election was at Lloyd's, I saw Mr. Gwynn there, and for Congress, in 1862, I was not allowed to perhaps from ten to fifteen others, during vote; I was arrested on the morning of the that time; among them, Kallenbach and election. I took the oath of allegiance at Walter Edelin. I was there from between the time they were voting on the adoption of 2 and 3 o'clock until a little after sundown. the new constitution, and voted that day. I saw Mr. Surratt speaking to Mr. Gwynn The last time I voted for member of Congress in the parlor; Weichmann also was in the was for Harris; then, for the first time in parlor, I think. Gwynn left the house before my life, I voted the Democratic ticket. I Mrs. Surratt. have been an old-line Whig. I have suf

I think that during the war my attitude fered from the war in the loss of my negroes; toward the Government has been perfectly but I never, to my recollection, made any loyal. During the revolution, I have spent complaint about that. When the State de$3,000 in my district to hold it in the Union, clared her new constitution, I was willing for and during the struggle I have taken no part them to go.

RICHARD SWEENEY.

For the Defense.—June 12.

By MR. AIKEN.

1 met John M. Lloyd at Marlboro on the 14th of April last, and rode back with him part of the way toward his home. He was considerably under the influence of liquor, and he drank on the road.

By MR. CLAMPITT.

JAMES LUSBY.

For the Defense.—June 2.

By MR. AIKEN.

I reside in Prince George's County, Md. I was at Marlboro on Good-Friday, the day that Mr. Lincoln was killed. Mr. Lloyd and I returned from Marlboro to Surrattsville together. He was very drunk on that occasion; I got there about a minute and a half, perhaps, before he did. I drove to the I am acquainted with J. Z. Jenkins, the bar-room door, and he went round to the front brother of Mrs. Surratt. I have known him door. I saw Mrs. Surratt just as she was about for ten years, and can speak confidently of to start to go home. Her buggy was standing his reputation as a loyal man. At the outset there at the gate, when we drove up, and of these difficulties he was a zealous Union she left in fifteen or twenty minutes after man. A Union flag was erected within one hundred yards of where I boarded, and there was a rumor that it was to be cut down, and Jenkins was one of the men who took a gun and remained there all night for the purpose of guarding the flag.

that.

Cross-examined by ASSISTANT JUDGE Advocate

BINGHAM.

the bar-room to get a drink; and I do not When I got out of my wagon, I went into know what took place in the mean time, Cross-examined by the JUDGE ADVOCATE. when Lloyd went round the house. I am Lloyd returned from Marlboro to Sur- quite smart in liquor in the course of the day quite sure Lloyd was drunk. I had been rattsville in his buggy; I was on horseback. before I met Lloyd, and then took drinks We both drank; I do not know which drank with Lloyd; but I do not think I was as the most; we drank from the same bottle. tight as he; nor do I think I am altogether Lloyd was excited in his conversation and mistaken as to who was drunk that day. I deportment generally; but he kept the road did not see him take the fish out of his straight, and I did not see him deviate from buggy. He did not drive into the yard; he it. It was six miles to Surrattsville from drove to the front gate, I know; I did not where we parted. I thought he could take see him go out. It is twelve miles from Marlboro to Surrattsville-about two and a half hours' drive. We drove along pretty brisk.

care of himself.

Q Have you been entirely loyal yourself during the rebellion?

A. I suppose so, and think so. I have never done any thing inimical to the interests of the Government, that I know of.

Q Have you never desired the success of the rebellion?

A. No, sir; I never expressed any desire for its success.

Q. Have you always desired that the Government should succeed in putting down the rebellion?

J. V. PILES.

For the Defense.—June 13.

By MR. AIKEN.

I live about ten miles from Washington, in Prince George's County, Md. I am personally acquainted with J. Z. Jenkins, and have known him ever since I was a little boy. I regarded him, formerly, as one of the most loyal men in that part of the country. I thought that he and I were two Q Are you quite sure they were neutral? of the most loyal men there, at the beginIt is very difficult to be neutral in such a warning of the rebellion. A flag was raised, sent as this has been.

A. I can not say but what my feelings were neutral in the matter.

down, as I understood, by Mr. John Murphy, A. I think I was about as strictly neutral the butcher, who lived at the Navy Yard, as anybody else.

Q. When you examine your feelings closely, if you can recall them, have you not an impression that at some time or other you preferred that the rebellion should succeed? A. I may possibly have done so. I think I exercised a neutral feeling very nearly. Q You were neutral in your conduct? A. And in my feelings-as strictly neutral, I think, as anybody else.

Q You think you were perfectly indifferent whether the Government succeeded or failed.

A. I was.

Washington, about a month before the riots in Baltimore. A little while after, the news was spread, that a party from the Southern States, or from the lower counties of Maryland, were coming to cut it down. About twenty men were raised in our neighborhood, who armed themselves to protect the flag, and Mr. Jenkins, I believe, was among the number who staid with us that night. I have never heard a disloyal sentiment from Mr. Jenkins, nor do I know of any overt act on his part that might be construed into disloyalty; but I have not been in his company of late. About six months ago I

had some conversation with him, when he
said he was as good a loyal man as I was.
Whether he regarded me disloyal, and him-
self too, or whether he regarded us both
loyal, I can not say.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BURNETT.

had left the State of Maryland, but who had not lost their residence, to return to Maryland to vote the Union ticket.

I do not know of my own knowledge, but it was generally understood by those acting battle of Bull Run, Mr. Jenkins procured a with the administration, that after the first United States flag and hoisted it in his Since 1862 I have not heard any direct county, and that, when certain rebel symexpression of opinion from him; but since his pathizers threatened to haul it down, he negroes have been taken from him, rumor gathered a band of from twenty to fifty Union says he is not quite so good a Union man as men, and stood by it all night to protect it. he was in the beginning. That is the gen-I believe Mr. Jenkins to be a loyal man. eral rumor.

J. C. THOMPSON.
For the Defense.—June 7.
By MR. AIKEN.

I live at Tee Bee, Prince George's County, Maryland. I have known J. Z. Jenkins since 1861, and have always considered him a loyal man.

Cross-examined by Assistant Judge Advocate
BURNETT.

The

I never heard him utter any sentiments against the Government of the United States, but he is very bitter on the administration on account of the negroes. Outside of this, I believe him to be a truly loyal man. people down there, who, in the early part of the war, acted with the administration, are now dissatisfied with it on account of its action on the subject of slavery, and there is scarcely a single friend of the administration in that county now.

I never heard him express any desire for the success of the South; but I have heard I do not know that I am a competent him express himself very positively the other judge of loyalty; I have always considered way. Mr. Jenkins is now under arrest at myself loyal, and I think that such has the Old Capitol Prison, but I do not know been my reputation. I have never desired what for. the success of the Southern rebellion, and have been all the time on the side of the Government.

DR. J. H. BLANDFORD.
For the Defense.-June 7.

By MR. AIKEN.

Cross-examined by the JUDGE ADVOCATE

Q. Do you not regard such bitter hostility to the Government, in a civil war like this, as in the interest of the public enemy, and therefore disloyal?

A. Lately I have not considered him sound on the subject, and have had very little to do with him, except on account of former I am acquainted with J. Z. Jenkins, and friendship in past times. I thought then he have regarded him as loyal to the Govern- was as loyal as any man in the county, and ment of the United States. I never heard regarded him as such, and treated him as a him express any disloyal sentiments; and at friend; but at the last election he voted for the beginning of the war, he was generally Harris, and was in with these other parties, avoided by those who were not thoroughly and I did not like that state of affairs, and in favor of the administration. Mr. Jenkins, hence had not that political confidence in I know, supported the opposition candidates him that I had previously.

to the Democracy.

I know Andrew Kallenbach; he is a Democrat, and has always acted with the Democratic party.

WM. P. WOOD.

For the Defense.—June 5.

By MR. CLAMPITT

MISS ANNA E. SURRATT.

For the Defense.-May 30.

By MR. AIKEN.

I was arrested on the 17th of April, and have since been confined at Carroll Prison. I have met Atzerodt, the prisoner at the bar, at our house in Washington City. I do I am at present Superintendent of the Old not think he remained over night but once. Capitol Prison. I know J. Z. Jenkins, and He called very often, and asked for that man have been intimately acquainted with him Weichman. He was given to understand for five years. In 1860 and 1861, Mr. Jen- that he was not wanted at the house; ma kins was counted as one of the most reliable said she did not care about having strangers Union men in that district, and I know that there. The last time Atzerodt was there, up to 1862 he labored himself, and urged Weichman engaged the room for him, and his friends to labor, and spent his means asked ma to allow him to stay there all night freely, to keep the State of Maryland in the They were sitting in the parlor, and made Union. In 1862 and 1863, I understood that several signs over to each other. Weichman he came to this city to obtain voters who and he then left the room, and presently

Weichman came back and asked ma if she lion. My father gave them to me before his would have any objections to Atzerodt re- death, and I prize them on his account, if on maining there that night; that he did not nobody else's I also had in the house phofeel at home at an hotel. After thinking for tographs of Union Generals of General some time, ma said, "Well, Mr. Weichman, McClellan, General Grant, and General Joe I have no objections." Mr. Weichman was Hooker. a boarder at my mother's house, and was but too kindly treated there. It was my mother's habit to sit up for him at night, when he was out of the house; she would sit up and wait for him the same as for my brother.

The last time I saw my brother was on Monday, the 3d of April; I have never seen him since. He may have been on friendly terms with J. Wilkes Booth. Mr. Booth called to see him sometimes. I never asked Payne first came to our house one night him what his friendship was to Booth.__ One after dark, and left very early the next morn- day, when we were sitting in the parlor, Booth ing That was not long after Christmas. came up the steps, and my brother said he Some weeks afterward, he came one night believed that man was crazy, and he wished when we were all in the parlor. Weichman he would attend to his own business and let went to the door and brought the gentleman him stay at home. He told me not to leave in, and I recognized him as the one who had the parlor, but I did. been there before under the name of Wood. Assistant Judge Advocate BURNETT. Miss I did not know him by the name of Payne at Surratt, you ought to be cautioned here, that all. I went down stairs to tell ma that he the statements or conversations of Mr. Surwas there. She was in the dining-room. She ratt, or Mr. Booth, or your mother, are not said she did not understand why strange per- competent testimony. You should state simsons should call there, but she supposed their object was to see my brother, and she would treat them politely, as she was always in the habit of treating every one. He called two or three times after that-perhaps the same week, or two weeks after-I can not say exactly. On this visit, as we were sitting in the parlor, he said, "Mrs. Surratt, if you have no objection, I will stay here to-night; I intend to leave in the morning." And I believe he did leave the next morning.

I have met John Wilkes Booth at our house. The last time he was there was on Friday, the 14th, I think; I did not see him; I heard he had been there.

ply what was done, and not give the statements of the parties; and the counsel ought not to ask for such statements.

Mr. AIKEN. [To witness.] In giving your evidence you will avoid giving statements that you heard your brother make, and the language he used. State only what you know, as far as your knowledge goes.

My brother was at St. Charles's College, near Ellicott Mills, Maryland, in 1861; but he was not a student of divinity. He was there, I think, three scholastic years, and spent his vacations, in August, at home. During the time he was not at home for vacation he was at college.

My mother went to Surrattsville on the I never, on any occasion, heard a word Friday of the assassination, and I think her breathed at my mother's house of any plot carriage was at the door at the time Mr. or conspiracy to assassinate the President of Booth called. I heard some one come up the United States; nor have I ever heard the steps as the buggy was at the door, and any remarks in reference to the assassination ma was ready to start. Ma had been talk-of any member of the Government; nor did ing about going during the day, before Booth I ever hear discussed, by any member of the came, and perhaps the day before; she said she was obliged to go on some business in regard to some land. Mr. Booth only staid a very few minutes. He never staid long when he came.

family, at any time or place, any plan or conspiracy to capture the President of the United States.

My mother's eyesight is very bad, and she has often failed to recognize her friends. She has not been able to read or sew by gaslight for some time past. I have often plagued her about getting spectacles, and told her she was too young-looking to wear spectacles just yet; and she has replied that she could not read or see without them.

By MR. EWING.

That picture belonged to me; it was given to me by that man Weichman, and I put a photograph of John Wilkes Booth behind it. I went with Miss Honora Fitzpatrick to a daguerrean gallery one day to get her picture; we saw some photographs of Mr. Booth there, and, being acquainted with him, we bought My brother left college in 1861 or 1862, the two and took them home. When my year my father died. I was at school at brother saw them, he told me to tear them Bryantown from 1854 until 1861; I left on up and throw them in the fire, and that, if I the 16th of July. Surratteville, where we did not, he would take them from me. So I formerly resided, is on the road between hid them. I owned photographs of Davis, Washington and Bryantown. Stephens, Beauregard, Stonewall Jackson, I never saw Dr. Samuel Mudd in my and perhaps a few other leaders of the rebel-mother's house in Washington.

house; he never visited the house at all. I saw Dr. Samuel Mudd at Mrs. Surratt's house, and never heard his name mentioned have seen him pass in his buggy in the counthere. try, but I have never seen him to speak to him. I never saw Dr. Samuel Mudd at my Cross-examined by ASSISTANT JUDGE ADVOCATE mother's house in the city, nor heard of his being there.

I do not remember whether the officers called Mrs. Surratt out to see Payne at the [The picture," Morning, Noon, and Night," was exhib-time of his arrest at the house; I remained ited to the witness.] in the parlor all the time.