HARTMAN RICHTER.
For the Defense.-May 31.
By MR. DOSTER,

If

Assistant Judge Advocate BINGHAM. the counsel wishes to prove that the prisoner, Atzerodt, is a coward, I will withdraw my objection.

tion for cowardice, save what I have heard WITNESS. I know nothing of his reputafrom others. I have heard men say that he

would not resent an insult.

ALEXANDER BRAWNER,
For the Defense.—June 8.
By MR. DOSTER.

I live in Montgomery County, Maryland, and am a cousin of the prisoner, George A. Atzerodt. He came to my house about 2 or 3 o'clock on Sunday afternoon. I met him in the morning, on my road to church. I did not have much conversation with him, and I noticed nothing peculiar about him. He remained at my house from Sunday till Thursday morning, and occupied himself with walking about, working in the garden a I live in Port Tobacco, Md. I have known little, and going among the neighbors. He the prisoner, Atzerodt, six or eight years. did not attempt to get away, or to hide He was at Port Tobacco about the last of himself. When he was arrested he seemed February or the beginning of March. I think very willing to go along. He had on a kind he came from Bryantown; he rode a sorrel of gray overcoat when he came to my house. horse. I had some business in the country, and he went along with me.

SAMUEL MCALLISTER.

For the Defense.-May 30.

By MR. DOSTER.

During the month of April I saw a pistol and a dirk in Atzerodt's possession. He gave them to me to keep for him.

The knife and pistol found at the Kirkwood House

were exhibited to the witness.]

Those are not the knife and pistol.

The knife found near F and Ninth Streets on the morning of the 15th of April was exhibited.]

That looks very much like the knife; it was a knife of that description.

Exhibiting to the witness the pistol identified by John Caldwell, on which he loaned $10.]

That looks very much like it.

I never considered Atzerodt a courageous man, by a long streak. I have seen him in scrapes, and I have seen him get out of them very fast. I have seen him in bar-room scrapes, little scrapes, and where pistols were drawn, and he generally got out of the way, and made pretty fast time. His reputation is that of a notorious coward.

LOUIS B. HARKINS.

For the Defense.-June 8.

By MR. DOSTER.

I have known Atzerodt for probably ten years. He was down at Port Tobacco about the latter part of February or the beginning On the evening of the 14th of April, at of March. I think I saw him for a day or about 10 o'clock, he rode up to the door two. He is looked upon down there, by folks [Pennsylvania House] and called the black that know him, as a good-natured kind of a boy out to hold his horse. I did not take fellow. We never gave him credit down our particular notice of him, or notice whether he was excited or not.

Q. Do you know any thing about his reputation for courage?

I

Assistant Judge Advocate BINGHAM. object to that; I do not think we are going to try his character for courage.

way for much courage. I call to mind two difficulties in which I saw him-one happened in my shop, and the other in an oyster saloon-in both of which I thought he lacked courage.

WASHINGTON BRISCOE.

For the Defense.—May 30.
By MR. DOSTER.

Mr. DOSTER. May it please the Court, I intend to show that this man is a constitutional coward; that if he had been assigned the duty of assassinating the Vice-President, he never could have done it; and that, from I have known the prisoner, Atzerodt, six his known cowardice, Booth probably did or seven years at Port Tobacco. He has alnot assign him to any such duty. Certainly ways been considered a man of little courage, it is just as relevant as any thing can be. and remarkable for his cowardice.

TESTIMONY CONCERNING LEWIS PAYNE.

MRS. MARTHA MURRAY. him, and when I found out that he would For the Prosecution.-May 19. go up, I asked him to excuse me. He said, O! I know; that's all right." I thought My husband keeps the Herndon House, he might, perhaps, be sent by Dr. Verdi, and corner of Ninth and F Streets, opposite the he might go up and tell Mr. Seward that I Patent Office, cat-a-cornered. The only one would not let him go up, or something of of the prisoners I recognize as having seen that kind. I got on the steps and went up before is that man, [pointing to the accused, in front of him. As he went up I asked him Lewis Payne.] I think I have seen him; not to walk so heavy. He met Mr. Frederhis features are familiar to me, but I would ick Seward on the steps this side of his not say for certain. He was two weeks in father's room. He told Mr. Frederick that our house, and he left on the Friday, the day he wanted to see Mr. Seward. Mr. Frederick of the assassination. He left on the 14th went into the room and came out, and told day, about 4 o'clock. We have dinner at him that he could not see him; that his half-past 4, and this gentleman came into father was asleep, and to give him the the sitting-room and said he was going away, medicine, and he would take it to him. and wanted to settle his bill; and he wished That would not do; he must see Mr. Seward. to have dinner before the regular dinner; so He must see him; he said it in just that I gave orders for the dinner to be cut off way. Mr. Frederick said, "You can not see and sent up to him. He went into the him." He kept on talking to Mr. Frederick, dining-room to eat his dinner, and I have saying, that he must see him, and then Mr. not seen him since.

Frederick said, "I am the proprietor here, I do not recognize either of the prisoners as and his son; if you can not leave your mes having visited this man. I remember that sage with me, you can not leave it at all." he once came in with two gentlemen to sup- Then he had a little more talk there for a per. I do not remember that any one spoke while, and stood there with the little package to me about engaging a room for this man. in his hand. Mr. Frederick would not let I am spoken to by so many that I could him see Mr Seward no way at all, and then not remember any particular circumstance he started toward the step and said, “Well, of that kind.

WM. H. BELL (colored.)

For the Prosecution.-May 19. /

if I can not see him-" and then he mumbled some words that I did not understand, and started to come down. I started in front of him. I got down about three steps, I guess, when I turned around to him and said,

I live at the house of Mr. Seward, Secre-"Do n't walk so heavy." Then by the time I tary of State, and attend to the door. That turned around to make another step, he had man [pointing to the accused, Lewis Payne] jumped back and struck Mr. Frederick. By came to the house of Mr. Seward on the the time I could look back, Mr. Frederick night of the 14th of April. The bell rang was falling; he threw up his hands and fell and I went to the door, and that man came in. back in his sister's room; that is two doors He had a little package in his hand; he said this side of Mr. Seward's room. Then I ran it was medicine for Mr. Seward from Dr. down stairs and out to the front door, halVerdi, and that he was sent by Dr. Verdi to looing "murder," and then ran down to Gendirect Mr. Seward how to take it. He said eral Augur's head-quarters. I did not see he must go up. I told him that he could not the guard, and ran back again. By that time go up; then he repeated the words over, and there were three soldiers who had run out of was a good while talking with me in the hall. the building and were following me. When He said he must go up; he must see him. I got way back to the house, turning the He talked very rough to me in the first place. corner there, I saw this man run out and get I told him he could not see Mr. Seward; on his horse. He had on a light overcoat, that it was against my orders to let any one but he had no hat on when he came out go up, and if he would give me the medi- and got on his horse. I did not see his horse cine and tell me the directions, I would take when he came to the house, and did not it up, and tell Mr. Seward how to take it. know he had a horse until I saw him get He was walking slowly all the time, listen- on it. I hallooed to the soldiers, "There he ing to what I had to say. He had his right is, going on a horse!" They slacked their hand in his coat-pocket, and the medicine in running, and ran out into the street, and did his left. He then walked up the hall toward not run any more until he got on his horse the steps I had spoken pretty rough to and started off. I followed him up as far as

I Street and Fifteen-and-a-half Street, and he and I ran out, I did not observe any horse; turned right out into Vermont avenue, where but when I saw him run out of the house, I I lost sight of him. He rode a bay mare; it followed him to I Street; it seems to me he was a very stout animal, and did not appear went very slow, because I kept up with him to be a very high horse. He did not go very till he got to I Street. fast until he got to I Street. I must have been within twenty feet of him, but at I Street he got away from me altogether.

I do not know what he struck Mr. Frederick Seward with. It appeared to be round, and to be mounted all over with silver, and was about ten inches long. I had taken it for a knife, but they all said afterward it was a pistol. I saw him raise his hand twice to strike Mr. Frederick, who then fell. I did not wait any longer, but turned round and went down stairs. When he jumped round, he just said, "You," and commenced hitting him on the head; but I had hardly missed him from behind me until I heard him say that word.

I never saw this man about the door that I know of, nor did I see any person on the pavement when I came out.

Cross-examined by MR. DOSTER.

I do not know how old I am; I guess I am between nineteen and twenty. I was at school four or five years. I have been at Mr. Seward's nine months, and am second waiter. The talk with the man was inside; he came in and I closed the door. He had a very fine voice.

I noticed his hair and his pantaloons, and I noticed his boots that night. He talked to Mr. Frederick at least five minutes while up there near his father's door, in the third story. He had on very heavy boots at the time, black pants, light overcoat, and a brown hat. His face was very red at the time he came in; and he had very black, coarse hair.

I saw the same boots on him the night they captured him, and the same black pants.

WILLIAM H. BELL.

Recalled for the Prosecution.-May 19.

[By direction of the Judge Advocate the handcuffs were removed from the prisoner Payne, who put on the dark-gray coat, and over it the white and brown mixed coat, and the hat identified by Colonel Wells.]

When he came to Mr. Seward's he had on that coat, and that is the very same hat he had on; one corner of it was bent down over his eye. He had on a white collar, and looked quite nice to what he looks now. He had the same look as he has now, but he looked pretty fiery out of his eyes at me, the same way he looks now.

SERGEANT GEORGE F. ROBINSON.

For the Prosecution.-May 19.

On the 14th of April last I was at the residence of Mr. Seward, Secretary of State, acting as attendant nurse to Mr. Seward, who was confined to his bed by injuries received from having been thrown from his carriage. One of his arms was broken and his jaw fractured.

That man [pointing to the accused, Lewis Payne] looks like the man that came to Mr. Seward's house on that Friday night. I heard a disturbance in the hall, and opened the door to see what the trouble was; and as I opened the door this man stood close up to it. As soon as it was opened, he struck me with a knife in the forehead, knocked me partially down, and pressed by me to the bed of Mr. Seward, and struck him, wounding him. As soon as I could get on my feet, I endeavored to haul him off the bed, and then The first time I saw the prisoner after that he turned upon me. In the scuffle, some one night was on the 17th of April. They sent [Major Seward] came into the room and for me about 3 o'clock in the morning to go clinched him. Between the two of us we got down to General Augur's head-quarters. A him to the door, or by the door, and he, Colonel there, with large whiskers and mous-unclinching his hands from around my neck, tache, [Colonel H. H. Wells,] asked me to struck me again, this time with his fist, describe this man. I told him he had black knocking me down, and then broke away hair, a thin lip, very fine voice, very tall, and from Major Seward and ran down stairs. broad across the shoulders, so I took him to I saw him strike Mr. Seward with the same be. There were twenty or thirty gentlemen knife with which he cut my forehead. It in the room at the time, and he asked me was a large knife, and he held it with the if any gentleman there had hair like him, blade down below his hand. I saw him cut and I told him there was not. He then said, Mr. Seward twice that I am sure of; the "I will bring a man in here and show him first time he struck him on the right cheek, to you." I was leaning down behind the desk and then he seemed to be cutting around his so that I could not be seen. The light was neck. I did not hear the man say any then put up, and a good many men walked thing during this time. into the room together. I walked right up to this man, and put my finger right here, [on the lip,] and told him I knew him; that he was the man. Nobody had offered me any money for giving the information, and no threats had been made to me.

When he struck Mr. Frederick Seward,

I afterward examined the wounds, and found one cutting his face from the right cheek down to the neck, and a cut on his neck, which might have been made by the same blow, as Mr. Seward was partially sitting in bed at the time; and another on the left side of the neck. Those were all I

noticed, but there may have been more, as father, I shoved the person of whom I had it was all bloody when I saw it. Mr. Sew- hold to the door, with the intention of getting ard received all his stabs in bed; but after him out of the room. While I was pushing the man was gone, and I went back to the bed, I found that he had rolled out, and was lying on the floor.

I did not see Mr. Frederick Seward down on the floor; the first I saw of him was after the man was gone; when I came back into the room he was inside the door, standing up. The man went down stairs immediately after he unwound his arm from round my neck, and struck me with his fist. I did not see him encounter Major Seward.

After he was gone we picked up a revolver, or parts of one, and his hat.

[A slouch felt hat was exhibited to the witness.]

him, he struck me five or six times on the forehead and top of the head, and once on the left hand, with what I supposed to be a bottle or decanter that he had seized from the table. During this time he repeated, in an intense but not strong voice, the words, "I'm mad! I'm mad! On reaching the hall he gave a sudden turn, and sprang away from me, and disappeared down stairs. When near the door of my father's room, as I was pushing him out, and he came opposite where the light of the hall shone on him, I saw that he was a very large man, dark, straight hair, smooth face, no beard, and I

I should judge that to be the hat; it looks had a view of the expression of his countelike the one found there.

[A revolver was exhibited to the witness.]

That is the revolver picked up; I did not see this part, [the ramrod, which was disconnected.]

[The hat and revolver were both offered in evidence.]

nance. I then went into my room and got my pistol. It may possibly have taken me a minute, as it was in the bottom of my carpetbag, to find it. I then ran down to the front door, intending to shoot the person, if he attempted to return. While standing at the door, the servant boy came back and said the man had ridden off on a horse, and that he had attacked the persons in the house with a knife. I then realized for the first time that the. man was an assassin, who [The accused, Lewis Payne, clad in the coat and vest in which he was arrested, and the hat found at Mr. Sew-had entered the house for the purpose of ard's, was directed to stand up for recognition.] murdering my father.

[At the request of the Court, the guard was directed to place the hat on the head of the prisoner, Payne, to see if it fitted him or not, which was done, Payne smiling pleasantly. It was found to fit him.]

Recalled for the Prosecution.-May 19.

He looks more natural now than he did I suppose it was five minutes before I went before. I am not sure about it, but I think back to my father's room. Quite a large that is the man that came to Secretary Sew-crowd came around the door; I sent for the ard's house on the night of the 14th of April, doctors, and got somebody to keep the crowd a little after 10 o'clock. The pistol that was off before I went up to his room. It might picked up in the room after he left was not have been five minutes, but certainly loaded. I examined it.

MAJOR AUGUSTUS H. SEWARD,
For the Prosecution.-May 26.

I am the son of the Hon. William H.
ard, Secretary of State, and was at his home
in this city on the night of the 14th of April
last. I saw that large man, with no coat on,
[pointing to the accused, Lewis Payne,] at
my father's house that night.

three, before I got back; I think nearer five.

The next

I was injured pretty badly myself, I found, when I got up stairs again. After my father's wounds were dressed, I suppose about an hour, and after my own head had been Sew-bandaged, I went in and saw my father, and found that he had one very large gash on his right cheek, near the neck, besides a cut on his throat on the right-hand side, and one under the left ear. I did not examine my brother's wounds; in fact, I went into his I retired to bed at half-past 7 on the night room but for a short time that night. I did of the 14th, with the understanding that I not know how badly hurt he was. was to be called about 11 o'clock to sit up with day he was insensible, and so remained; and my father. I very shortly fell asleep, and it was four or five days before I saw what his so remained until awakened by the screams wounds were. I found then that he had two of my sister, when I jumped out of bed and wounds, one on the scalp, that was open to ran into my father's room in my shirt and the brain, and another one over the ear. drawers. The gas in the room was turned After the pieces of fractured skull were taken down rather low, and I saw what appeared to out, it left the covering of the brain open. ine to be two men, one trying to hold the other at the foot of my father's bed. I seized by the clothes on his breast the person who was held, supposing it was my father, delirious; but, immediately on taking hold of him, I knew from his size and strength it was not my father. The thought then struck me that the nurse had become delirious sitting up there, and was striking about the room at random. Knowing the delicate state of my

It was such a wound that I should have supposed could have been made with a knife, but the surgeons seemed to think it was made by the hammer of a pistol. I heard that a pistol was picked up in the house, but I did not see it. I saw the hat that was found, and think I should recognize it,

[A slouch felt hat was exhibited to the witness.]

I am quite certain that is the hat. I did not see it the night it was picked up, but thi

next day it was taken out of the bureaudrawer, where it had been put the night before, and shown to me.

DOCTOR T. S. VERDI.

For the Prosecution-May 22,

The surgeons think it was a knife with I am a physician. On Friday night, the which I was struck, and after the servant boy 14th of April, about half-past 10 o'clock, pertold me what the man had been doing, I sup- haps a little sooner, I was summoned to posed so myself, though at the time I thought the house of Mr. Seward, the Secretary of I was being struck with a bottle or a decanter. Not having any idea that it was a man with a knife, I did not think any thing about it. I feel entirely satisfied that the prisoner at the bar, Payne, is the same man that made the attack on that night.

Cross-examined by MR. DOSTER.

This is not the first time I have seen the prisoner since the attack; I saw him on board the monitor the day after he was taken. He was brought up on deck of the monitor, and I took hold of him the same way I had hold of him when I shoved him out of the room, and I looked at his face, and he had the same appearance, in every way, that he had the few moments that I saw him by the light in the hall; his size, his proportions, smooth face, no beard, and when he was made to repeat the words, "I'm mad! I'm mad!" I recognized the same voice, varying only in the intensity.

SURGEON-GENERAL JOSEPH K. BARNES.

For the Prosecution.-May 19.

I was called on the night of the 14th of April, a few minutes before 11 o'clock, to go to Mr. Seward, the Secretary of State. On arriving at his house, I found the Secretary wounded in three places; Mr. Frederick W. Seward insensible and very badly wounded in the head; the rest of the family I did not see, as I was occupied with them. The Secretary was wounded by a gash in the right cheek, passing around to the angle of the jaw; by a stab in the right neck, and by a stab in the left side of the neck.

State. I saw the Hon. William H. Seward, Mr. Frederick Seward, Major Augustus H. Seward, Mr. Robinson, and Mr. Hansell, all wounded, and their wounds bleeding. I had left Mr. Seward about 9 o'clock that evening, very comfortable, in his room, and when I saw him next he was in his bed, covered with blood, with blood all around him, blood under the bed, and blood on the handles of the doors.

I found Mr. Emrick W. Hansell on the same floor with Mr. Seward, lying on a bed. He said he was wounded. I undressed him, and found a stab over the sixth rib, from the spine obliquely toward the right side. I put my fingers into the wound to see whether it had penetrated the lungs. I found that it had not, but I could put my fingers probably two and a half inches or three inches deep. Apparently there was no internal bleeding. The wound seemed to be an inch wide, so that the finger could be put in very easily and moved all around. It was bleeding then, very fresh to all appearances; probably it was not fifteen or twenty minutes since the stab had occurred.

Cross-examined by MR. DOSTER.

Mr. Frederick Seward was conscious, but had great difficulty in articulating. He wanted to say something, but he could not express himself. He knew me perfectly well. He had a smile of recognition on his lips, and as I looked upon his wound on the forehead, he was evidently impressed with the idea that the severest wound was in the back of the head, and he commenced saying, “It is, it is," and would put his finger to the back of his head. I examined the wound, and found Mr. Frederick Seward was suffering from a that his skull was broken, and I said to him, fracture of the cranium in two places; he "You want to know whether your skull is was bleeding very profusely, exceedingly faint, broken or not?" and he said, "Yes." He almost pulseless, and unable to articulate. was sensible for some time; but probably in The wounds seem to have been inflicted by half an hour he went into a sleep, from which some blunt instrument-the butt of a pistol, he woke in about fifteen or twenty minutes, a loaded bludgeon, or something of that and we attempted to put him to bed. Then kind. he helped himself considerably. him to bed, and he went to sleep, in which he remained for sixty hours; he then improved in appearance, and gradually became more sensible.

Mr. Seward, the Secretary of State, had been progressing very favorably. He had recovered from the shock of the accident of ten days previously, and was getting along very well. His right arm was broken close to the shoulder-joint, and his jaw was broken in two places; but the serious injury of the first accident was the concussion.

The wounds of Mr. Seward were of a very dangerous character, and he is still suffering from them.

I saw Major Seward in the room; but I did not treat any of the wounded persons professionally, except Mr. Seward.

We put

I saw terror in the expression of all Mr. Secretary Seward's family, evidently expecting that his wounds were mortal. I examined the wounds, and immediately turned round to the family and said, "I congratulate you all that the wounds are not mortal;" upon which Mr. Seward stretched out his hands and received his family, and there was a mutual congratulation. This was probably twenty minutes before Doctor Barnes arrived.