The Assassination of President Lincoln and the Trial of the Conspirators ...

forget now, where he was going to cross at the Point of Rocks-"and I would not be the least surprised if very soon from this"he stated at what time, but I forget at what length of time he said "he will be down here and take the capital of Washington, and soon have old Lincoln burned up in his house; and Dr. Mudd said he would not be the least surprised; he made no objection

to it.

DANIEL J. THOMAS.

For the Prosecution.-May 18.

Q. You thought it was a mere joke at the time, from the way he said it?

A. He was laughing at the time, or something like it. I know Dr. Mudd; we went to school together, and when he was a boy he was full of fun and jokes.

I spoke of what Dr. Mudd had said to almost everybody I saw, but everybody laughed at the idea of such a thing. I told Mr. Lemuel Watson, a good Union man, of this conversation before the assassination, and I also wrote to Colonel Holland, Provost Marshal of the Fifth Congressional District I am acquainted with Dr. Mudd. About of Maryland; but I never received an answer two months ago, some time in the latter part from him. I had written to him several of March, I had a conversation with Dr. times before, but had never received an anMudd at John S. Downing's, who lives close swer and I concluded that my letter must have by me and about a mile and a quarter from been miscarried. I mailed the letter at HorseDr. Mudd's. We were engaged in conversa-head, and directed it to Ellicott Mills. I tion about the politics of the day. I made mentioned the conversation I had with Dr. a remark to Dr. Mudd that the war would Mudd, after the assassination, to my brother, soon be over; that South Carolina was taken, Dr. M. C. Thomas, and Mr. Peter Wood, and and I thought Richmond would soon be, and to several others in Bryantown, when they that we would soon have peace. He then were looking for Booth. said that Abraham Lincoln was an aboli- I am positive that nothing was said betionist, and that the whole Cabinet were tween Dr. Mudd and myself about exempting such that he thought the South would never drafted men, nor had we been speaking of be subjugated by abolition doctrine, and he desertions from the rebel army or from the went on to state that the President, Cabinet, Union army, and that the conversation reand other Union men in the State of Mary-lated is substantially all that occurred. land would be killed in six or seven weeks.

Cross-examined by MR. STONE.

Two or three weeks after this conversation, but before the assassination, I believe, I mentioned it to Mr. Downing. He said he did Mr. Downing was at home when we had not hear it, and he said, "Well, if that be the this conversation, though I believe he was out case, I am glad I was not in there." I at the time this portion of the conversation thought if he had heard it he would not have took place; he had gone out to the kitchen, said any thing about it. This conversation or to the wood-pile, or somewhere else. After with Mr. Downing occurred when I met him his return, I asked him if, after having taken on the road leading from his house to Horsethe oath of allegiance, he would consider it head. Mr. Downing said it was only a joke binding. That was all that occurred after Mr. of Dr. Mudd's; that he was always running Downing returned. I did not remain there on his joking ways. When Mr. Downing more than half an hour or three-quarters of returned to the room, Dr. Mudd did not say an hour; that is the only time I have met Dr. to him that I had been calling the Southern Mudd at Mr. Downing's this year. From Dr. army our army." Mudd's conversation he did not seem to be joking, but it is impossible for me to say whether or not he was earnest in what he said. He did not look as if he was angry or speak in malice. I can not judge whether a man is in earnest or not from the language he uses; but I should think a man was in earnest to talk of the President being assassinated.

Q Did you think at the time that he was in earnest?

Cross-examined by MR. EWING.

Mr. Downing was out of the room long enough to get some wood, and, to the best of my recollection, he brought in some. We had no further conversation after he came in, only I said, "You are a man who took the oath; do you consider it binding?" He said, "No," he did not consider it binding; if a A. No, sir. I did not think any such thing man was compelled to take an oath, he did would ever come to pass. I thought the not consider it binding. I told him nobody President was well guarded, and that it was was going to kill him; it was not compulsory I want of sense on his part saying so. I for him to take the oath. He said he thought aughed to think that the man had no more it was compulsion.

ense.

After Mr. Downing came in, Dr. Mudd did When Dr. Mudd first said it, I thought not say another word. I just got up and e meant it, but after a day or two I thought asked Mr. Downing one or two questions; if certainly could not have meant it; but he had taken the oath, and he said he had ter the President was killed, and after hear- taken the oath, but that he was no more loyal g that Booth was at his house, I thought he than he was before; that he always was a loyal ully meant it. man; that his feeling was for State rights;

but that he did not consider that oath bind-you summoned to prove it." They said, "No, ing upon any person. we did not hear you then." Said I, "Will Before that I had said to Dr. Mudd that you give me a piece of paper to show that I he, having taken the oath, ought not to say mentioned it to you before the assassination?" such things about the President. He said "No," they said, they did not hear it; because he did not consider the oath worth a chew they were afraid I would have them sumof tobacco. It was in consequence of such moned. expressions, and knowing that Mr. Downing had been a justice of the peace, that I wanted to know if he considered the oath binding. I said nothing to Mr. Downing about my being a marshal or deputy marshal, or about my having a commission from General Wallace, or of having received any letters from him.

Q. What did you ask for a paper for? A. To certify that I had said such a thing before the arrest of Dr. Mudd.

I certainly did not say to Eli J. Watson, on the 1st of June, before meeting these gentlemen, that I wanted him to certify that I had been the cause of the arrest of Dr. Mudd, I told my brother of the conversation I or that I had given any information which had had with Dr. Mudd at Church or before led to his arrest, and for which I was entitled Church. I told Mr. Watson when he was at to $25,000, for I never did give any informa my mother's one day. When I mentioned it tion which led to the arrest of Dr. Mudd, to him, he laughed heartily; after that I Dr. Mudd was arrested before I knew it. 1 could not help laughing. He said, "Dr. never thought of such a thing as being entiMudd only did that to scare you. Every-tled to a reward. I looked upon Colonel body knows that such a thing is never going to come to pass."

Recalled for the Prosecution.-June 6.

Baker's men saying it as a joke at the time. I never looked for or expected such a thing, and more than that, I never would have a reward.

WILLIAM A. EVANS.

For the Prosecution.―June 5.

About the 1st or 2d of March last-certainly before inauguration day-I saw Dr. Samuel Mudd, with whom I have a slight acquaintance, drive past me as I was driving to the city in the morning. He passed me, I think, about eight miles from the city. He had a fiery horse, and as I wished to take my time, I let him drive past me, but I followed him up to the city, never losing sight of him.

I was at William Watson's door-yard, near When I was on the stand before, Mr. Horsehead, on the 1st of June, with John Stone wanted to know if I had mentioned R. Richardson, Benjamin J. Naylor, George the conversation with Dr. Mudd to any one Lynch, Lemuel Watson, and William Wat- before the assassination. When these men son, when James W. Richards, the magis- told me that I had mentioned this conversatrate, rode up. I did not state to Mr. Richards tion to them before the assassination, I then that I had been asking any of these gentle- asked them if they would sign a paper to man for a certificate to the fact that I was show the Court that I had mentioned it bethe first to give information which led to the fore. That was my object in asking them to arrest of Dr. Samuel Mudd, and that if they sign, and that is the only paper I asked them would give me a certificate I should be en- to sign. titled to the reward of $10,000; but what I did say was, that I had been told in Washington, by some of Colonel Baker's men, that I was entitled to so much reward if Dr. Mudd was convicted. But I said that I never expected or looked for a cent, but that I would be very glad to receive the reward if it were so. I knew these fellows said it in a joke, and I told it as a joke. I did not tell Mr. Richards that I had been saying that I was the person who gave the information that led to the arrest of Dr. Mudd. As it had been said that if I had told anybody before the assassination, I would be entitled to a certain part of the reward if Dr. Samuel Mudd was convicted, I inquired of them if I have seen Dr. Mudd at different times they thought I would be entitled to it; but for the last fifteen years, though I never was I never did ask them for a certificate of the introduced to him. I have, I think, met Dr. fact that I had given the information. I Mudd at different places in the city, and at told them that I had mentioned it to some the National Hotel. Last winter I saw him persons before and to some since the assas- go into the house of Mrs. Surratt on H Street; sination. I do not myself remember whether I could not say positively where the house it was before or after the assassination. is; it may be between Ninth and Tenth Q. And you did not ask either of the gen-Streets, or between Eighth and Ninth Streets; tlemen I have named for a certificate of the somewhere along there. I asked a police fact that you were the first person who gave man, and lady who was on the sidewalk the information which led to Dr. Samuel whose house it was, and was told it was Mudd's arrest.

A. Never. I just said to them, "You can say I mentioned it before the assassination; you can give me a certificate, and I will have

Cross-examined by MR. EWING.

Mrs. Surratt's. I had seen rebels going in there Judson Jarboe and others-and I wished to know who lived there. It was a brick house, of perhaps two stories and an

attic, and is, I think, between the Patent Office and the President's house, and is on the right-hand side going toward the Capitol. The witness, at the request of the counsel, described Mrs. Surratt's house and neighborhood, but did it somewhat indefinitely.]

I was riding down the street, going to see the Rev. J. G. Butler, of the Southern Church, and at the same time call in at the Union Prayer Meeting. There were members of different Churches assembled there, but I could not name any but Ulysses Ward that I saw there. On the same day I saw Mrs. Sophia Pressy and Miss Pumphrey at their houses, and I saw them also at different times during the winter.

certain amount of work to do, and I want to do it.

Mr. EWING. We do not want your personal history. WITNESS.

You seem to be so precise, I want to give you every thing connected with it.

Mr. EWING. We are not so precise as to your personal history.

WITNESS. A little of it will not do you any harm.

Mr. EWING. I do not think it will do any good in this case.

WITNESS. We are all free and equal men, and can talk as we please.

Mr. EWING. If the Court wishes this exI keep a journal of the visits I make, bap-amination continued perpetually, this witness tisms, deaths, etc., but I did not put Dr. may be indulged in his lucubrations as to his Mudd's name in that, and I could not refer history and answers to every thing except the to this journal because it would be impossible questions that I propose. I ask the Court to for me to get possession of my books now. restrain him to enable me to get through the I was then moderator of the Presbytery of examination. the District of Columbia, and our books are not allowed to be taken out of the churches. The Rev. Henry Highland Garnett, colored, is pastor of that Church now, and the journal of my baptisms, marriages, and deaths is in his possession, but if a hundred such journals were here, they would have no effect in fixing the date when I saw Dr. Mudd go into Mrs. Surratt's house. I visited other families that day, but I can not remember their names now. I am so confused at present that I can not recollect. I have been so confused since the death of President Lincoln that I really at times am bordering on insanity almost. I never got such a shock in my life.

The PRESIDENT. The witness has been told once that he must reply to the questions.

WITNESS. I have answered every question that he has asked me, to the best of my ability.

The PRESIDENT. We do not want any thing else but answers to the questions.

WITNESS. Very well, I will answer them. The PRESIDENT. If you do not do as you are directed, we will try

WITNESS. And make me do it.
The PRESIDENT. Yes, sir.

WITNESS. Dr. Mudd drove a two-seated carriage; it is what is termed a rockaway. When I saw Dr. Mudd going into Mrs. I was in my buggy when I passed Mrs. Surratt's house, Mr. Judson C. Jarboe was Surratt's house. Dr. Mudd had on dark-coming out. I saw him shaking hands with colored clothes, I believe, with some kind of dark-brown overcoat, and a dark slouch hat Q Now state how it is that you are enabled to fix the date from the 1st to the 3d of March as being the day on which you saw Dr. Mudd riding into town.

a lady at the door as Mudd was going in. I took the lady to be Miss Surratt from her likeness to her mother. Jarboe had murdered one of our citizens, and I wanted to know who lived at the house he was visiting. I can not say when last I saw Dr. Mudd A. I hold a position in the Post-office De- before the time I have referred to; he passed partment, and I was making arrangements often on the road during last winter. I think to come up to the inauguration on the 4th I once saw him coming up with Herold, of March; and I was coming up very early [pointing to the accused David E. Herold.] on those mornings to do extra work, in order It might have been a year ago.

to be present at the inauguration. Dr. Mudd drove on past me. My horse got scared at

the time, and was very near throwing me

Cross-examined by MR. CLAMPITT.

It might have been about 11 o'clock when

Gut I remarked, as he passed by, how rude I saw Jarboe come out of the house as Mudd he was in almost knocking his wheel against was going in.

my buggy; and I came home and told my Q. Did you not say that you were on your wife I was very near being thrown out. Iway to a prayer meeting at the time? have only one leg, and it is difficult for me

A. No, sir; I was on my way to see Dr.

to get along I could not get out of my buggy Butler. I said I was on my way to visit if the horse ran away. some families, and then in that neighborhood to go to prayer meeting. Being lame, I take pains to arrange my journeys so as not to go over the same ground again.

When did you commence this extra work, so as to be enabled to attend the inauguration?

A. Several days before the inauguration.
Q Three or four days before?

Cross-examined by MR. AIKEN.

A. About the latter part of February. I I am a minister now, and have been for ways like to discharge my duty, I have a fifteen years. I hold a secret commission

under the Government to arrest deserters son I supposed was the Doctor I saw about and disloyalists wherever I find them. I am a quarter of 4 o'clock. I am personally a detective. I wish to discharge my duty acquainted with Dr. Mudd, and have been so toward the Government to the best of my for two years and five months.

ability, but have never received one cent for any duty of that kind.

[This witness was exceedingly discursive, and his examination was consequently very lengthy. The above narration contains all the material facts testified to.]

JOHN H. WARD.

For the Prosecution.-May 20.

FRANK BLOYCE (colored.)

For the Prosecution.-May 20.

I live in Charles County, Maryland, about half a mile from Bryantown. I was in Bryantown on Saturday evening after the murder of the President, and saw Dr. Samuel Mudd there between 3 and 4 o'clock. I was in the store buying something when Dr. Mudd came in.

Cross-examined by MR. EWING.

MRS. ELEANOR BLOYCE (colored.)

For the Prosecution.-May 19.

I live in the suburbs of Bryantown, Maryland. On Saturday, the 15th of April, I went to the village as soon as I had finished my dinner, and was there at about 1 o'clock. As soon as I arrived, I observed that the military were in town with Lieutenant Dana, know what time Dr. Mudd left. I left Bryantown before night. I do not Before and that there was great excitement among night the place was guarded, and I heard the people as well as the military. I went that the President had been assassinated. home, expecting that the soldiers would search the houses. Soon afterward a negro came up and said the President had been assassinated. I immediately left home and went again to the village. There I heard I know the prisoner, Dr. Mudd; he lives of the assassination. I also heard that the about four miles from Bryantown, where I assassin's name was Booth. It was spoken live. I saw him on the 15th of April last, of by everybody at Bryantown; first by the military, and then by the citizens, and it was spread about that Booth was the assassin. I heard this, I suppose, between 1 and 2 o'clock. The village was put under martial law, and many of the people began to be excited about getting home, and made application to the commanding officer to let them go, but he refused to do so. I went home.

I think I saw Dr. Samuel Mudd there, but the excitement was so great that I can not say positively that I did.

Cross-examined by MR. EWING.

riding into Bryantown late in the afternoon. There was a gentleman with him when he passed. I do not know that they went into town together; they were together until they were out of my sight. It was but a short time until Dr. Mudd returned. When he came back the gentleman was not with him. About eight or ten minutes after I saw him I went into town myself. On arriving there I found the soldiers from Washington, and then I heard of the murder of the President; that he was shot on Friday night at the theater. I did not hear who shot him.

Cross-examined by MR. STONE.

When Dr. Mudd passed the first time, I saw

I could not tell precisely the time I left Bryantown, the second time I went up, but I suppose it was between 2 and 3 o'clock. Ia gentleman with him; when he returned, I did not hear that the President had been assassinated the first time before I left Bryantown; the first intimation I had of it was by the darkey.

"Boose" was the name of the assassin, as spoken by the soldiers who were not familiar with language; they could not say Booth.

By MR. EWING.

Those who spoke audibly, told me that his name was Booth, and those who seemed to have an amalgamation of the languages called it "Boose."

did not see the gentleman with him. I was too far from the road to know what kind of looking gentleman he was. I reckon I live about a quarter of a mile from the road. I went to Bryantown in a yery short time after he passed my house. I do not think Dr. Mudd staid in Bryantown a quarter of an hour, but I do not know, as I have not any thing to tell by; it was a dark, drizzly, foggy evening, getting late.

I could not tell whether it was an old or young gentleman with the Doctor, he ap peared to be riding a bay horse; I think the Doctor was riding a dark-gray horse, but I did not take much notice. They were riding side by side at a tolerable gait, not faster than persons usually ride in the country.

The darkey who told me that the President was assassinated was Charles Bloyce, a brother to the one who has just testified. When he told me that the President had been assassinated, I immediately left home, and I live on the right of the road that leads went to the village, where I found it a current up to Dr. Mudd's. There is no road that report. He did not tell me who did it. turns out between my house and Bryantown, My house, I suppose, is four or five miles and the man that was with Dr. Mudd was from Dr. Mudd's. I could not state posi- obliged to go through Bryantown, or come tively that it was Dr. Mudd I saw; the per-back the same way as he went. I was not

at the door all the time. I happened to be standing at the door when Dr. Mudd passed and the gentleman with him, and when he returned alone.

MRS. BECKY BRISCOE (colored.)

For the Prosecution.-May 19. I live at Mr. John McPherson's, about a quarter of a mile from Bryantown. I know Dr. Samuel Mudd. On Saturday, the day after the President was murdered, about 3 o'clock, as I was standing in the kitchendoor, I saw the Doctor riding into town with a strange gentleman. The gentleman went toward the bridge, and the doctor kept on to Bryantown, and this gentleman came back again He kept on down the road to the swamp, when I saw him again. He staid at the swamp till the Doctor came back, in about half an hour, I reckon. The bridge is in sight of the town, about half a mile off I went to town a very little while after the Doctor came back. I there heard of the murder of the President, but I did not hear until two or three days after that the man who killed him was named Booth.

Cross-examined by MR. STONE.

see Mr. Booth. I told him tnat Booth's room was probably on the floor above, the number I did not know. My room having thus been entered by a person apparently excited, I left my writing and followed the person partly through the hall. As he went down the flight of stairs to the story below, his hasty apology and hasty departure that he turned and gave a look at me. It was made me follow him. On entering the courtroom this morning, I pointed out to the Hon. Horatio King the three prisoners I had seen at the National Hotel-Dr. Mudd, Atzerodt, and O'Laughlin. When I pointed them out I did not know their names.

[See testimony of Marcus P. Norton, page 149.]

I recognize the person, Samuel A. Mudd, as the man who entered my room on that occasion. It was either he or a man exactly like him. I am enabled to fix the date when he entered my room, first by the fact of its being immediately before the inauguration, also that it was on the morning of the day on which I was preparing my papers to argue a motion, pending before the Supreme Court, in the case of John Stainthrop and Stephen C. Quinn against Wallis Hollister. I remember the motion was argued on the day the person I speak of entered my room. had on a black coat. His hat, which he held in his hand, was, I think, a black one, but not a high-crowned hat.

The swamp is on the other side of the house, just below the barn. Dr. Mudd and this man went along together, and the latter stopped at the bridge and came back again, and went as far as the swamp. I was down Cross-examined by MR. EWING. in the branch getting willows for Dr. Marshall, but not in the same branch the genMy impression is that it was after heard tleman was in, but I could see over into that the conversation between Booth and Atzebranch. He was sitting there on the horse. rodt that Dr. Mudd entered my room, and I I saw him again going up the road with Dr. have no doubt it was on the 3d of March. Samuel Mudd. I think both of them were I occupied room No. 77 in the National on bay horses. They passed about 3 o'clock Hotel at the time. Dr. Mudd was dressed in in the afternoon. A boy who was cutting I think, and his hat, which he had in his black; he had on a black coat, no overcoat, wood at the wood-pile said, "There's a strange man going with Dr. Sam; I don't hand, was black; I think it was a hat someknow who he is." thing like that, [pointing to the black silk I started for Bryantown when Dr. Mudd hat of the President on the table,] but not came back. The soldiers were in Bryantown so high. when I got there. I told my mother, who

By the COURT.

has just testified, that day of having seen When Dr. Mudd entered my room he this man with Dr. Mudd, and the next day seemed somewhat excited, or perhaps in a I also told Baker Johnson, Mr. Henry John- hurry rather. He said he had made a misson, and Maria Kirby about it.

MARCUS P. NORTON.

For the Prosecution.-June 3. By ASSISTANT JUDGE ADVOCATe Burnett. I was in in this city, stopping at the National Hotel, from about the 10th of January to the 10th of March last. While there I knew J. Wilkes Booth by sight, having seen him act several times at the theater.

I saw the accused, Samuel A. Mudd, under the following circumstances: A person hastily entered my room, on the morning of the 3d of March, I think. He appeared somewhat excited, made an apology, and said that he had made a mistake; that he wanted to

take in the room, and apologized in that way. The room I then occupied was No. 77. I had perhaps ten days before been removed from room No. 120.

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