heard of him by that name; he called him- rattsville. I was present one evening, when self, and the young ladies called him, "Port she handed me a newspaper to read for her; Tobacco." I saw him come in at times, and and I called one evening at her house, about he dined there once or twice. I heard Mrs. the 20th of February, and, although the gas Surratt say she objected to Mr. Atzerodt; she was lit in the hall, she failed at first to did not like him, and that she would rather recognize me he did not come there to board. I can not I met Louis J. Weichman once at Mrs say that I was intimate with Mrs. Surratt; Surratt's; I remained there two days or more. I liked her very much; she was a very kind I had no particular business, and I went to lady to board with; but I was more intimate Mrs. Surratt's because I knew them, and with her daughter than I was with her. because it was cheaper than at an hotel. Q. In all the time you boarded in her house did you ever hear Mrs. Surratt say any thing with reference to the existence of a conspiracy to assassinate the President? Assistant Judge Advocate BINGHAM objected to the question. The law so hedges about this matter of crime that those who are charged with it are never permitted to prove their own declarations in their own favor, because, if it were so, the greatest criminal that ever cursed the earth and disgraced our common humanity could make an abundant amount of testimony out of the mouth of the most truthful people living. Mr. AIKEN replied, that if the witness had heard Mrs. Surratt make any remarks with reference to a conspiracy, and disclosed to her any knowledge of that fact, it would be valuable evidence on the part of the Government, and it would be just as valuable to the defense if she did not. The question was waived. I have seen John Wilkes Booth at Mrs. Surratt's three or four times. When he called, he spent most of his time in company with Mrs. Surratt, I believe; he would ask for Mr. John Surratt, as I understood; if he was not there, for Mrs. Surratt, Mrs. Surratt's eyesight was defective. I never saw her read or sew after candlelight. I went to Church with Mrs. Surratt during Lent very often; she was very constant in her religious duties. I have not seen John Surratt since early in March, when he was last at home. AUGUSTUS S. HOWELL. For the Defense.-May 27. When I saw Mr. Weichman I showed him a cipher, and how to use it. Weichman then made one himself. [The cipher found among Booth's effects was exhibited to the witness.] The cipher I showed to Mr. Weichman was the same as this. Q. Did Mr. Weichman at that time give you any information in regard to the number of prisoners that we had on hand? Assistant Judge Advocate BINGHAM objected to the question, inasmuch as Mr. Weichman was never asked any question in relation to that matter in his cross-examination. The question was waived. I had some conversation with Mr. Weichman with respect to his going South; he said he would like to go South, or intended to go South. Q Did he say any thing, in connection with his wishes to go South, of his sympathies? Assistant Judge Advocate BINGHAM objected to the question, inasmuch as Mr. Weichman had not been asked, on his crossexamination, whether he had stated any thing to Mr. Howell about his sympathies at that time and place. The question was waived. Mr. Weichman said he would like to go South with me, but he was not ready, he said, to go at that time; but as soon as he got his business arranged he was going. He asked me if I thought he could get a position in Richmond; I told him I did not know whether he could or not, as the wounded and invalid soldiers generally had the preference in the offices there by an order of the War Department. He told me that his sympathies were with the South, and that he thought it would done all he could for that Government-reI believe he said he had ultimately succeed. ferring to the South. We had some conversation in regard to the number of prisoners on hand, and he stated to me the number of Confederate prisoners the United States Government had on hand, and the number they had over that of the Confederate Government. I doubted it at the time, but he said it would not admit of doubt; that he had the books in his own office to look at. In that conversation, I think, Mr. Weichman said he had done all he could for the My name is Augustus Howell. I first be- South; he expressed himself as a friend of came acquainted with Mrs. Surratt and John the South, as a Southern man or a secesh H. Surratt about a year and a half ago, at Sur-sympathizer would. Cross-examined by ASSISTANT JUDGE ADVOCATE in Richmond but to see some friends, and to BURNETT. Before the war, I resided principally in Prince George's County, Md.; for about two years, off and on, I have lived in King George County, Va. Q. What has been your business for the last year and a half? Mr. AIKEN. I object to the question. In the examination in chief, the witness was asked nothing at all with reference to his business, one way or the other. I do not object to his stating it, if he wishes to do so, but I do not think it is relevant. get some drafts. Our Maryland boys generally sold drafts, and I used to go down to Richmond occasionally to buy drafts for them. Q. On whom did you buy drafts? A. That would be implicating others, and I do not wish to answer that question. Any thing relative to myself I will answer willingly. Assistant Judge Advocate BURNETT. Protection on the stand only applies to yourself, not to others. WITNESS. They were upon some of my friends in Maryland. They were not upon any of the accused, or any person in Washington. I never carried any dispatches in my life. Assistant Judge Advocate BURNETT. The Court has the right to know the status of the witness. We have a right to know whether his employment was loyal or disloyal, and I have been at Richmond about half a whether that fact was known to the family dozen times since I have known the Surratts. of Surratts. It is always competent to give I can not say that I was known to my to the Court the full status of the witness friends as a blockade-runner. during the time about which he testifies. It is but the ordinary course of cross-examination. General WALLACE. I should like to hear the reason of the objection. My name is Augustus Howell; that is my correct name. I generally write my name A. S. Howell. "S" stands for Spencer. My friends call me Spencer, but I seldom use the "S" in my name. Mr. AIKEN. It is objected to, first, because The cipher I showed to Weichmann I no question was asked the witness in the ex-learned out of a magician's book. I have amination in chief, in reference to what his been acquainted with it for six or seven business has been; and, secondly, because it is entirely irrelevant to the issue now before us, in every way and shape. years. I never met a person by the name of Mrs. Slater at Mrs. Surratt's house. I met a lady The Commission overruled the objection. by that name in Washington, about the 20th Mr. AIKEN. I now object to the witness or 22d of February, and had some converanswering the question. He is not obliged sation with her in front of Mrs. Surratt's house. to do so, if his answer will tend in any way to We went to Virginia together. John H. Sur criminate himself as to any thing in which ratt was with her in the buggy. I met Mrs. he has been engaged; and if he does not Slater in Richmond about the last of Febwish to answer the question, he has the privi-ruary. lege not to do it. Assistant Judge Advocate BURNETT. If it is placed on the ground of personal security, if the witness claims that privilege at the hands of the Court, he can make that claim, and I will not press that portion of the question. [To the witness.] It is your right, and I apprise you of it now, to claim protection at the hands of the Court against any matter that will criminate yourself. It was soon after I saw her in front of Mrs. Surratt's house, that I met her in Richmond. I staid about two days and a half at Mrs. Surratt's in February. I told them that I had been to Richmond. I do not know that they knew my business. I had some conversation with Mrs. Surratt, and judged she knew I was from Richmond. I think Atzerodt was at Mrs. Surratt's house during the time I was there, but I never saw Payne. WITNESS. I have had no particular occu- I used to meet Dr. Mudd occasionally, pation since I came out of the Confederate when I was at Bryantown. He never sent army. I was in the First Maryland Artillery messages by me to Richmond, nor did I of the Confederate service, during the first bring any back to him. I was at his house year of the war, up to July, 1862, I believe. about a year ago, but never made it a stopSince then I have not been employed in any ping-place. I had lost a pistol which I left particular business. I have been to Rich- at a house in Bryantown, and I asked him mond occasionally. Sometimes I went once to go there and get it for me, but he did not. a month, sometimes once in two or three I was going up into the country, and did not months. I do not think I have been but miss the pistol until I was passing Dr. Mudd's twice the last year. I was there in Decem- place. It was because his house was the ber, and again in February, I think. Some nearest that I went in and asked him to get one might have gone with me in December, it for me. but I do not remember who it was. In Feb I brought one draft from Richmond, from ruary, some half dozen accompanied me, but young Marriott, in Prince George's County, they were principally from the neighborhood Maryland, for his sister, of $200, and for which in the county. I had no particular business I paid at the rate of $800 of Confederate for $100 of United States money. Another from days before the second, and that I received young Tolson, which I have not yet collected, on the day of the assassination; it was that and another from a young man by the name which took me to Mrs. Surratt's on that day. of Chew, on his brother in Anne Arundel He inclosed them in letters to me. I answered County. his letters to me, and left them with his mother, I do not know any thing of Weichman's as I supposed she would be glad to hear from having quarreled with the Surratt family, him. I have not seen them since. because he was loyal and they were disloyal, nor did I know that it was his intention to glean from me all I knew for the purpose of turning me over to the military authorities; if so, he did not succeed. I never took the oath of allegiance to the United States. By MR. EWING. I frequently saw Dr. Mudd at Bryantown before the war. I have never had any communication with him, except in regard to that pistol.* MISS ANNA WARD. REV. B. F. WIGET. For the Defense.-May 25. I am President of the Gonzaga College, F Street, between Ninth and Tenth. It is about ten or eleven years since I became acquainted with Mrs. Mary E. Surratt. I knew her well, and I have always heard every one speak very highly of her character as a lady and as a Christian. During all this acquaintance, nothing has ever come to my knowledge respecting her character that could be called unchristian. Q. Is there an institution in the city of Richmond for theological studies? Assistant Judge Advocate BINGHAM. I ob ject to that question as wholly immaterial. You might as well ask whether it was an What is the necessity of inquiring into that? I reside at the Female [Catholic] School, on Tenth Street, Washington. I have been acquainted with Mrs. Surratt between six and eight years. I know Mrs. Surratt's eyesight to be defective; she has failed to recognize me on the street. On one occasion, at her octagon or not; whether it was two stories house, I gave her a letter to read, and she or forty stories high. If immaterial questions handed it back, saying she could not see to were allowed to be asked and answers obread by gaslight. I am near-sighted myself. tained, and the witnesses contradicted, the On one occasion something was pointed out case would never end, if the Court lived to be to me, and I was laughed at for not seeing it, as it was pretty close by, and Mrs. Surratt remarked that she supposed I was something like herself; I could not see; and that she labored under the same difficulty. I have not been very intimate with Mrs. Surratt. She always bore the character of a perfect lady and a Christian, as far as my acquaintance with her extended. Cross-examined by ASSISTANT JUDGE ADVOCATE My last visit to Mrs. Surratt's house was on room. I did not engage a room; I simply went there to ask if there was a vacant room. I said nothing about its being for a delicate gentleman, for I did not known for whom it was intended. I have met Mr. Weichman, Mr. Holahan, and Mr. Booth at Mrs. Surratt's, but do not know that I ever met any of the prisoners at the bar there. I can not see them well enough to know them, but do not think I have. I received two letters from John H. Sur ratt, post-marked Montreal, C. E., for his mother. I do not recollect the date of the first I received; it was probably one or two of counsel could be obtained to keep up the Mr. AIKEN said he would recall the recollection of the learned Assistant Judge Advocate to the fact that the answer of Mr. Weichman was on the record that he was a stu dent of divinity, and that he desired to go to a witness. General WALLACE. The witness Weichman did not state that there was a theological academy, or any thing of that kind, in Rich mond. Mr. AIKEN. He said that he belonged to that diocese, and wanted to go to that diocese We can not present the contradictions and prevaricato finish his studies. tions of this witness without occupying many pages. In each case we give his last statements, many of them flatly contradicting those made a few moments before. The Judge Advocate. He said nothing fool hool there. He said he wished to go there for the purpose of continuing his theological studies. Mr. AIKEN. The inference was, if he was going to complete his theological studies, that there was a school there. Assistant Judge Advocate BINGHAM. You do not propose to contradict inferences I suppose ? The Commission sustained the objection. Cross-examined by the JUDGE ADVOCATE. REV. PETER LANIHAN. Beantown, St. Charles County, Maryland. I years. In my estimation, she is a good Christian woman, and highly honorable. I never heard her on any occasion express disloyal sentiments. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM. I I have a personal knowledge of her general character as a Christian, but not of her character for loyalty. My visits were all short, and political affairs were never discussed; I was not her pastor. I first became acquainted with Mrs. Surratt from having Mrs. Surratt's character in her neighborhad two of her sons with me. I have seen hood is that of a good Christian woman. her perhaps once in six weeks. I can not say have conversed with her since the rebellion I remember hearing her utter a loyal senti- in regard to current events and public affairs, ment since the beginning of the rebellion; and do not remember having heard any nor do I remember hearing any one talk about expression of disloyal sentiments, and I have her as being notoriously disloyal before her been very familiar with her, staying at her house. I do not remember having heard her reputation for loyalty spoken of. arrest. REV. FRANCIS E. BOYLE. REV. N. D. YOUNG. I am a Catholic priest. My residence is at St. Peter's Church. I made the acquaintance I am a Catholic priest; I reside at the of Mrs. Mary E. Surratt eight or nine years pastoral house of St. Dominick's Church, on ago, and have met her perhaps three or four the Island, on Sixth Street, in Washington times since. I have heard her always well City. I became acquainted with Mrs. Mary spoken of as an estimable lady, and never E. Surratt about eight or ten years ago. My heard any thing to her disadvantage. I have never heard her utter any disloyal sentiments. Cross-examined by the JUDGE ADVOCATE. I have never heard much of her sentiments, and do not undertake to say what her reputation for loyalty is. REV. CHARLES H. STONESTREET. For the Defense.—May 25. I am the pastor of St. Aloysius Church in this city. I first became acquainted with Mrs. Mary E. Surratt twenty years ago. have only occasionally seen her since. During the last year or two, I have scarcely seen her. I have always looked upon her as a proper Christian matron. At the time of my acquaintance with her, there was no question of her loyalty. Cross-examined by the JUDGE Advocate. I do not remember having seen Mrs. Surratt, though I may have done so transiently, since the commencement of the rebellion; and of her character for loyalty since then I know nothing but what I have read in the papers. acquaintance has not been intimate. I have occasionally seen her and visited her. I had to pass her house about once a month, and generally called there-sometimes staid an hour. Her reputation, as far as I have heard, is that of a Christian lady, in every sense of the word. I have heard her spoken of with the greatest praise, and never heard any thing of her but what was highly favorable to her character. She never expressed any disloyal sentiments to me. Cross-examined by the JUDGE ADVOCATE, I never heard her speak upon current events in any manner, loyal or disloyal. prior to the araft I saw him in the store. In Cross-examined by ASSISTANT JUDGE ADVOCATE I never heard Mrs. Surratt utter any political sentiment, loyal or disloyal; it was only as a customer that I knew her. JOHN T. HOXTON. For the Defense.-June 13. By MR. AIKEN. Assistant Judge Advocate BINGHAM. object to any such question. The witness has disclosed the fact that he does not know I have resided in Prince George's County, what the present reputation of Mr. Evans Maryland, about a mile from Surrattsville, among his own neighbors for truth and veracfor the last forty-five or fifty years. I have ity is. The law, in its humanity and in its known Mrs. Mary E. Surratt for a number justice, has said that no man called into a of years, but mostly since she came to reside court as a witness shall be put upon trial for in our neighborhood, about ten or twelve every act of his life; the question is as to his years ago. Since the rebellion I have not general reputation at the time he appears as met her very frequently. Of late years I a witness. Now it is proposed to go back have gone from home but little; I have not ten years. It is supposed in law that in ten visited her house often, and when there I years a man can live down a slander. have staid but a short time. I never had The question was waived. any conversation with her on political subjects. Her reputation in the neighborhood, as a truthful, Christian, kind lady, is very good, I believe. I never heard any thing to the contrary. [See testimony of Rev. W. A. Evans, page 174.] For the Defense.-June 13. I have I I am very well acquainted with J. Z. Jenkins. He was a good Union man up to I reside about a mile from Surrattsville, 1862, I think. At the election of that year in Prince George's County, Md. he was arrested, and since then I have under-known Mrs. Surratt, the prisoner at the bar, stood that he had secession proclivities. I for about twelve years. She has always been believe that he once assisted in defending the looked upon as a very kind lady-to the sick Union flag with arms in his hands. Mr. especially-and a church-going woman. Jenkins was a good Union man two years have seen her very often during the last four ago, but I have known very little of him or five years, and never heard her utter a since that time. The report in the neighbor-disloyal word. hood is, that he is not at this time a very loyal man. I have never known of Mr. lives about a mile and a half from me. I am acquainted with J. Z. Jenkins; he Jenkins committing a disloyal act, nor have was the strongest Union man I ever saw when He I heard from him an expression unfriendly the war broke out; but I have heard that he to the Government, during the past two years. changed when he lost his negroes, though I I know the Rev. W. A. Evans. There is never heard him say any thing disloyal when no Presbyterian Church in Prince George's he lost them, and I have never heard of any County that I know of. I can not exactly disloyal or overt act of his against the Govsay what is the reputation of Mr. Evans in that neighborhood for veracity. Mr. Evans was impeached some years ago. Assistant Judge Advocate BINGHAM. You need not state that. Q. From your knowledge of his character and his reputation, would you believe him on oath where any of his interests were involved? ernment. RACHEL SEMUS (colored.) I have lived at Mrs. Surratt's house for six years; was hired to her by Mr. Wildman. She treated her servants very well all the time Assistant Judge Advocate BINGHAM ob- I was with her; I never had reason to comjected to the question. The witness should plain. I remember Mrs. Surratt has fed first state whether he knew the general repu- Union soldiers at her house, sometimes a tation of Mr. Evans for truth among his good many of them; and I know that she neighbors. always tried to do the best for them that she could, because I always cooked for them Q. Are you acquainted with the reputation |