She always gave them the best she had, on his coat-collar. I did not notice whether and very often she would give them all she had he had whiskers or moustache, as I was more in the house, because so many of them came. attracted by the clothing he had on. His I recollect her cutting up the last ham she appearance was very genteel, remarkably so. had in the house, and she had not any more He did not look like a person just from a until she sent to the city. I never knew of long journey; his clothing was clean, and her taking any pay for it. I never heard her remarkably nice and genteel. I can not say express herself in favor of the South; if she that I have had any connection with Mr. used such expressions, I did not hear them. Surratt since he was quite a child; I knew Her eyesight has been failing for a long time; him by sight, and we had just a bowing or very often I have had to go up stairs and speaking acquaintance as we passed each thread her needle for her because she could not other.

BINGHAM.

see to do it; I have had to stop washing to go Cross-examined by ASSISTANT JUDGE ADVOCATE up and thread it for her in the day-time. I remember one day telling her that Father Lanihan was at the front gate, coming to the house, and she said, "No, it was not him, it was little Johnny"-meaning her son.

DAVID C. REED.

Recalled for the Defense.-June 3.
By MR. AIKEN.

[A recent and large-sized photograph of John H. Surratt was handed to the witness.]

This is a fair picture of John H. Surratt; the only thing I notice is that his hair is not cut as I noticed his on the 14th of April, but the shape of the coat, the style in which it is cut, is precisely the same.

By MR. AIKEN

The last time I saw John H. Surratt was If that picture had been shown to me withabout half-past 2 o'clock on the day of the out being told it was the picture of Mr. Surassassination, the 14th of April last. I was ratt, I do not know that I should recognize it, standing on the stoop of Hunt & Goodwin's if I saw it hanging in a window; but if I military store, and Mr. Surratt was going looked at it and examined it, I should recogpast the National Hotel. I noticed his hair nize it as John H. Surratt. It is a remarkwas cut very singularly, rounding awav down [able face.

TESTIMONY IN REBUTTAL.

JOHN RYAN.

For the Prosecution.—June 7.

I have known Louis J. Weichman about a year, not perhaps intimately, but he has been quite friendly and communicative in his conversation with me. As far as my knowledge goes, he has always borne a good character as a moral young man, and I know nothing against his character for truth. I do not believe he would tell a falsehood, and I would believe him whether under oath or not.

a detective. I have never heard any thing said against his character relative to money matters, veracity, or any thing of that kind

FRANK STITH.

For the Prosecution.-June 7.

I have known Louis J. Weichman intimately for about sixteen months. His reputation as an honest, truthful man is very good indeed, as far as I have heard. I have never heard it questioned. We were both in the public service, in the same office. His reputation for loyalty was excellent, and he was open and outspoken in his friendship for the Government. He was a member of the volunteer military organization formed for the

As regards his loyalty, I only remember one conversation that distinctly bore on that question, and from that conversation my impression was that he rejoiced at the restoration of the Union. I have no recollection of his ever expressing sentiments that left a defense of this city. contrary impression on my mind.

Cross-examined by MR. AIKEN.

Cross-examined by MR. AIKEN.

My relations to Mr. Weichman, outside of I was not a visiting friend of Mr. Weich- the office, were not very intimate. I never man; our meetings were casual. I am a heard of his being a detective in the departclerk in the War Department, but in a differ- ment. It might have been considered that ent department to Mr. Weichman's. He a refusal to join that military organization never represented himself to me as being in would be equivalent to a dismissal from the confidential relations to that department as office. Mr. Weichman did not always wear

blue pantaloons about the office. I can not say that he only wore his blue pantaloons on drill and rainy days, or that he made use of hateful expressions on putting them on, and Immediately retired to change them for his citizen's dress when drill was over.

JAMES P. YOUNG.

For the Prosecution.-June 7.

once at breakfast. The name by which 1 knew him was Wood. John Wilkes Booth I have seen there frequently. I have seen him in the parlor with Mrs. Surratt and the young ladies. I never knew the prisoner, David E. Herold, to call there. I remember, about two weeks before the assassination, seeing a carriage at Mrs. Surratt's door, and a person, whom I afterward learned to be Mrs. Slater, got into it one morning as I was dressI am in General Meig's office in the War ing. Mrs. Surratt was on the pavement talkDepartment. I am intimately acquainted ing to this person as she was getting into the with Louis J. Weichman; have known him carriage. John Surratt was with this Mrs. since 1856. I was a college class-mate of his Slater. This was the last time I saw John at the Philadelphia High School; we both Surratt previous to the 3d of April. The last entered it in 1856. He remained at that col-time I saw him was on the night of the 3d lege for two or three years, then left and went of April, the day on which the news of the to Maryland to another college. I frequently fall of Richmond was received. He knocked beard from him, and about eighteen months at the door of my room at about 10 o'clock, ago I met him in this city, and have been after I was in bed, and wished me to exchange very intimate with him since. His reputa- some gold for greenbacks; and I gave him tion as an honest and truthful man is excel-$60 in paper for $40 in gold. He said he lent, and his character without any reproach wanted to go to New York, and that he could whatever. I have had many conversations not get it exchanged in time to leave by the with him on political matters, and he was early train in the morning. always most free and unequivocal in his ex- I never knew any thing of Mrs. Surratt's pressions of loyalty to the Government. I defective eyesight while I lived with her; I regard him as a very radical, loyal man. do not remember its being alluded to by any Both he and I are members of the Union member of the household. League.

Cross-examined by MR. AIKEN.

Cross-examined by MR. AIKEN.

Atzerodt passed by a nickname when he

I have never known him as a detective in was at Mrs. Surratt's. I was usually from the employ of the Government.

P. T. RANSFORD.

For the Prosecution.-June 7.

I have known Louis J. Weichman since last September. I am a clerk in the War Department, and he was a clerk in another branch of the War Department; he has visited me at my own rooms. His reputation for integrity and truth I have always regarded as being very good indeed. I have had very little conversation with him about political matters, and am not competent to give an opinion as to his loyalty.

Cross-examined by MR. AIKEN. Mr. Weichman and myself belonged to the same military organization, called the War Department Rifles. A refusal to become a member of that organization I understood to be equivalent to a dismissal from office. I have simply met Mr. Weichman as a friend.

JOHN T. HOLAHAN.

For the Prosecution.-June 7.

home in the evening, and therefore can not say whether Mrs. Surratt could read or sew by gaslight. I never heard any political conversation at Mrs. Surratt's, and never heard of any plot to capture the President, or of any plot or conspiracy to assassinate the President, or any members of his cabinet; if I had, I should have endeavored to prevent it.

By MR. EWING.

Mr. EWING. I have two or three questions to ask the witness. It is not properly a crossexamination; but I propose to treat him as my witness, if there is no objection.

Assistant Judge Advocate BURNETT. The gentleman announces that he desires to ask some questions, making the witness his own; as we shall be entitled to rebut, there is no objection.

I never saw or knew of Mr. Judson Jarboe, or of any person by the name of Jarboe coming to Mrs. Surratt's, nor have I ever known of Dr. Mudd coming there; I never heard his name mentioned.

Mrs. Surratt's house is on the south side of H Street, about forty-five feet from Sixth Street. It is the first house from the corner of Sixth Street; a brick house, painted During the winter and spring, and up to the drab or lead color, with a basement and a night of the assassination, I boarded with flight of eight or ten steps up to the front Mrs. Surratt. While there, I saw Atzerodt door. several times, though I did not know him by Q. Will you state whether Mr. Weichman that name; he seemed to be with John Sur- gave himself up after the assassination of the ratt most of the time. I also saw Payne there President?

Assistant Judge Advocate BURNETT. You need not state any thing about his expresneed not state that.

Mr. EWING. My inquiry in regard to Mr. Weichman is for the purpose of proving acts in regard to him in association with Booth and other men connected with the conspiracy. I want to show by his acts at that time that he was really a guilty party in the plot to kill the President. If I show that he was, and that instead of being indicted he appears here turning State's evidence, it will tend very much, I think, to impair the value of his testimony. It is not the ordinary form of impeachment of a witness by laying the foundation in his examination for contradicting his statements upon the stand. That is not the purpose, but it is to show that he occupied the position of a co-conspirator, and that he comes here clearing himself by being a swift witness against others.

sions.

By ASSISTANT JUDGE ADVOCATe Burnett.

The excitement on account of the assassination was very general throughout the city. It was some weeks after Mrs. Slater had been there that Mrs. Surratt told me the team in which John Surratt and Mrs. Slater went away was a hired one, and that John was then down in the country. When Mr. Howell was at Mrs. Surratt's, it might have been about the 1st of March; he remained, I think, three or four days.

JAMES MCDEVITT.

For the Prosecution.—June 7.

As

On the night of the assassination, I went to Mrs. Surratt's house with Mr. Clarvoe, and Assistant Judge Advocate BINGHAM. What several other officers of the department. We the gentleman calls the act of Weichman rang the bell, when a lady put her head out never can be proved by any human being but of the window and asked who was there. by Weichman himself. He has testified that We said we wished to enter the house. he was taken into custody. Nobody doubts she retired, Mr. Weichman opened the door; it. He has testified that he was in custody he was in his shirt, which was all open in when he was brought on the stand. Nobody front; he had his pants on, and was, I think, questions it. It is utterly incompetent for the in his stocking feet. He appeared as if he gentleman to prove any thing he said about had just got out of bed. He had time from that matter, until he has first laid the foun- the moment we rang to dress himself to that dation by a cross-examination of Weichman, and then it is never competent, except by way of contradiction. There is no such foundation laid, and it is therefore incompetent and illegal at any stage of the case, either now or any other day.

extent. We did not arrest Mr. Weichman then, but we did subsequently when he came to our office. Mr. Weichman accompanied me to Canada; I took him to identify John H. Surratt. He went with me willingly in pursuit of the assassins, and was zealous and The Commission sustained the objection. earnest in performing the part allotted him I saw Mr. Weichman the morning after the in the pursuit; and though he had every opmurder; he was a good deal excited. About portunity to escape, he did not. I left him in 2 o'clock on that morning, Mr. McDevitt Canada when I returned to New York. I and Mr. Clarvoe, detectives of the Metro- could not state, from my own knowledge of politan Police, entered Mrs. Surratt's house. John Surratt's writing, that the entry on Mr. Weichman opened the door for them. the register of the St. Lawrence Hall is his. These officers were in the passage when my wife woke me up. Whether Mr. Weichman was in bed or dressed when the officers called, I do not know. I slept in the front room, and he in the back room on the same floor.

Q. Was Weichman then arrested? A. I took Weichman down myself to intendent Richards.

Q. When?

Cross-examined by MR. AIKEN.

Mr. Weichman came to our office the morning after the assassination, with Mr. Holahan. Weichman made no confession in regard to himself. We did not find John H. Surratt in Canada. I saw that he was regSuper-istered on the books of the St. Lawrence

Hall as "John Harrison, Washington, D. C.," on the 6th of April, and again by the same name on the 18th of April, but without any city or State address. I received the first intimation that John H. Surratt would be likely to be found in Canada from Mr. Weichman. Mrs. Surratt also told me, on the morning after the assassination, that she had received a letter from him on the 14th, dated in Canada. We were inquiring for her son, when she said she had not seen him for two weeks, and that there was a letter somewhere in the house, which she had received from him that day. I asked her for the letter, but it could not be found.

ANDREW KALLENBACH.

For the Prosecution.-June 7.

he reckoned John was in New York by that time. I asked him why he thought so, and he said, "My God! John knows all about the I reside near Surrattsville, Prince George's murder; do you suppose he is going to stay County, Maryland. On the evening of the in Washington and let them catch him?" I 17th of April last. I had a conversation with pretended to be very much surprised and said, Mr. J. Z. Jenkins, at Mr. Lloyd's house at "Is that so?" He replied, "It is so, by God! Surrattsville. He said that I was a liar; that I could have told you that this thing was he understood I had been telling some lies on coming to pass six months ago." Then he Lim, and if he found it to be true, he would put his hand on my shoulder and said, "Keep give me the damnedest whipping I ever had. that in your own skin, my boy. Don't He further said that if I testified against him, mention that; if you do, it will ruin me foror any one connected with him, he would ever." The Mr. Nott who said this is the give me a damned whipping. This was said Joseph T. Nott who testified here to-day. I in the presence of Mr. Cottingham and Mr. have heard him speak against the GovernJoshua Lloyd. Jenkins had been drinking, ment frequently, and denounce the adminisbut I can not say that he was drunk on the tration in every manner and form; I heard occasion. I have known Mr. Jenkins about him say that, if the South did not succeed, ten years, I think. He has always said in he did not want to live another day. my presence that he was a Union man; and I have never heard him express any disloyal sentiments. I can not say what his reputation for loyalty is in the neighborhood.

Cross-examined by MR. AIKEN.

Nothing had been said by me that night to induce Jenkins to call me a liar. I have a son in the rebel army; he went there of his own choice, and without my consent. He returned about three weeks ago. I judge he has been in the rebel army during the war. I did not place any restrictions in the way of his going.

Cross-examined by MR. AIKEN.

I have a brother-in-law named William Ward, who was in the Southern army; he was brought home under a guard of soldiers. I did not, on the occasion of his return, tell him that he had done just right, and that I wished I had been there to help him. I did not express opposition to his coming back in any way, nor did I express sentiments against the Government and friendly to the South. I begged my brother-in-law to take the oath and remain at home.

It disbanded

At the breaking out of the rebellion, I reI have lived as a neighbor of Mrs. Surratt's sided in Charles County, and was a member for many years. She had never been more of Captain Cox's military company, which than neighborly with me and my family, nor was organized before the war. has she given things to my family more than in the spring of 1861. I withdrew from it as any neighbor will do for another. In politics soon as a rebel flag was brought and preI have been a Democrat all my life. I have sented to it. never expressed any disloyal sentiments, and have never said that I wished the South would succeed.

E. L. SMOOT.

For the Prosecution.—June 2.

I live in Prince George's County, Maryland, about a mile from Surrattsville. I am acquainted with J. Z. Jenkins of Surrattsville, Mrs. Surratt's brother. He was represented as a Union man during the first year of the war, but after that, by most persons, he was looked upon as a Southern sympathizer; I know of no exception to this among the Union men. I never heard his reputation for loyalty talked of much, but I have heard him say, I think, he was a friend to the South, and an enemy to the Government during the struggle.

I have known Mr. Jenkins for about five years, I think. I do not exactly recollect when I had any political conversation with him. The last time I talked with him was about the 1st of April last, at Upper Marlboro. He came to me and told me that Roby was applying for the position of constable in the county, and asked me why I did not apply for it. I told him I did not wish it. He said, "You ought to take it to keep Roby from getting it;" and he added that he had told the County Commissioners that if they ap pointed Mr. Roby, or any other man of his party, he would spend every dollar he had to defeat them, if they became candidates for any other office.

I did not vote at the last Congressional election; I did not know any thing about either of the candidates. I have not been an active Union man. I have not meddled either way. I know Joseph T. Nott, of Surrattsville. The conversation with Mr. Nott occurred in On the day after the President's murder, I the bar-room at Surrattsville, on the 15th of met two young men connected with General April. It was all the conversation we had at Augar's head-quarters, one of whom told me that time. He did not state what time he that John H. Surratt was supposed to be the last saw John Surratt, nor what reason he man who attempted to kill Mr. Seward. I had to believe him to be connected with the asked Mr. Nott if he could tell me where affair. Some gentlemen came in while he John Surratt was; he smiled and told me was talking with me, and he had to wait on

With respect to Mr. Jenkins spending $3,000 to sustain the Union and the Government, I do not think he ever had it to spend. I have never heard of his spending any thing, except from his own lips.

the bar. On the next day, Sunday, I commu-| who opposes the acts of the administration. nicated this remark verbally to General Au- I never knew of any act of disloyalty on the gur, Colonel Baker, and Colonel Wells. Mr. part of Mr. Jenkins, except his abuse of the Nott did not inform me how he knew John Government. Surratt was connected with it, and I did not ask him. He only said he could have told me six months ago that this thing was going to happen. I never knew Mr. Jenkins to do any thing disloyal, but he has denounced the administration frequently when talking with me. I do not recollect particularly to what he referred. I have heard many do the same so frequently, that I do not recollect what Mr. Jenkins said on any particular occasion. I never heard any man whom I regarded as a loyal man denounce the administration.

A. V. ROBY.

For the Prosecution.-June 2.

DORLEY B. ROBY.

For the Prosecution.-June 5.

I have known Mr. J. Z. Jenkins for several years. For the last three years he has been one of the most disloyal men in the county. It is from personal knowledge of his conduct and observations that I pronounce him disloyal. He got so outrageous that I had to apply to General Wallace, at Baltimore, to I reside close to Surrattsville, Prince George's have him arrested. Since that time he has County, Maryland. Since June 12, 1863, I behaved himself a little better. He is known have been enrolling officer. I have known and recognized in that neighborhood as an J. Z. Jenkins since 1861, but not very inti- open and outspoken enemy of the Governmately till 1863. Mr. Jenkins's reputation in ment. I have heard him curse the President, that neighborhood, during the year 1861, was and damn him to all intents and purposes. that of a Union man; but since that time he He said old Lincoln, the damned old son of has been looked upon as a sympathizer with a bitch, had offered him an office, but that the South. Since 1862 he has been in the he would not hold office under any such attitude of an enemy to the Government, and damned creature, or any such damned Govhas opposed all its measures. Mr. Jenkins ernment. took the oath prescribed by the Legislature of Maryland, and then voted.

Cross-examined by MR. AIKEN,

Cross-examined by MR. CLAMPITT.

I have known Mr. Jenkins for four or five years. I was not a resident of the county The first time I saw Mr. Jenkins was when in 1861 and 1862; I was in 1863. I was he came to the armory of Captain Mark's born in Charles County, and raised in Prince company, in Washington, of which I was a George's; and I have been backward and formember. Some time between April and July ward through there all the time. In 1862 I of 1861 he came there begging for money for knew Mr. Jenkins very well. I knew him to some Union man who had been killed. The be a Union man till about three years ago. next time I saw him was at my house, when He was a very strong Know-Nothing, and I he was opposing the nominees of the Union was a Know-Nothing too. Jenkins abanparty. Dr. Bayne was a candidate for Sen-doned the Union party about three years ator; Mr. Sasser was candidate for Clerk of ago this fall. He lost a negro man; and it the County, and Mr. Grimes for Sheriff. I seemed that his loyalty to his Government think Mr. John M. Brook was the disunion only lasted as long as his negro was procandidate for Senator; I do not know that tected. As soon as he lost the negro, he Mr. Brook has been in the rebel army; I abandoned his Union principles. know that he was South, and staid until he came home under the President's Amnesty Proclamation.

The flag that was raised, and which Mr. Jenkins is said to have protected, was understood to be a Know-Nothing flag; a Union flag raised I have been living near Surrattsville since by the Know-Nothing party. The Know-NothSeptember, 1863. I have seen Mr. Jenkins ings were generally considered Union men, but nearly every day. All this time Mr. Jenkins there were a good many who, like Mr. Jenhas been talking against the Government. Atkins, went over to the rebels as soon as there the April election, in 1864, when we voted for was a division of parties.

a convention to make a new constitution, he There is no suit pending between me and said he had been offered office under the any citizen of Maryland; there is a suit penddamned Government, but he would not hold ing against my son, Andrew V. Roby. He office under any such damned Government. was appointed Deputy Provost Marshal for He said this before a great crowd at the polls. the purpose of carrying out General Schenck's I had just objected to his vote. I asked Mr. order at the election. He was ordered to have Jenkins if he would vote for such a man as every man arrested who interfered with the Harris; he said he wanted the South to suc-election. This man Jenkins behaved very ceed, and he said he would vote for Harris badly at the election. Colonel Baker had against anybody. I consider a man disloyal company of men there, and my son suggested