with the accused, Samuel A. Mudd, and also Mudd compared Thomas to a jack, because with Daniel J. Thomas, both of whom were raised right by me.

he said he was appointed a Deputy Provost Marshal under Colonel Miller; and said, "I think, Daniel, I am much better educated than you are, and I do not think I am capable of filling that office myself, and I do not think you are." I was irritated when he called Thomas a jack, as it was in my house; I then got up, and Dr. Mudd followed me to the door; he was not half a second behind me. If Mudd called Thomas an abolitionist as well as a jack, I did not hear it. When Mudd called Thomas a jack, he might have been mad at the idea of his being a Deputy Provost Marshal.

Some time this spring, between the 1st and the 15th of March, I think, Daniel Thomas was at my house, and while there Dr. Mudd came in, and staid about half an hour. Dr. Mudd did not, in conversation at that time, say that Abraham Lincoln was an abolitionist, and that the whole Cabinet were such, or that he thought the South would never be subjugated under abolition doctrines, or that the President, and all the Cabinet, and every Union man in the State of Maryland would be killed in six or seven weeks. No such words were spoken in the house to my knowledge, and I staid there all the time. After I had been sitting there half an hour, I got up and It was cold weather at the time, and we walked to the piazza, and Dr. Mudd followed sat close by the fire, Thomas between me me immediately, and told me his business; and Mudd, and I heard every word of the that he had come to collect a little doctor's conversation that took place.

bill, and then went directly home.

Dr. Mudd and Thomas could have had no conversation at that time but what I heard; I was close to them, Thomas sitting between me and Dr. Mudd, and if they had whispered I should have heard it. The President's name was not mentioned during Dr. Mudd's stay, and I do not recollect that Thomas mentioned it while he was at my house, and he had been there two or three hours before Dr. Mudd came, and remained fully an hour after he left. Nor was any reference made to any member of the Cabinet, nor to killing anybody; I am sure I should have remembered it if a word of the kind had been mentioned. Daniel Thomas and I meet each other very frequently, but I never heard him mention a word of the kind to me any time, neither before the assassination nor since.

By MR. EWING.

DR. JOHN C. THOMAS.

For the Defense.—May 26.

By MR. STONE.

I reside in Woodville, Prince George's County, Md., and have been a practicing physician for nineteen years. I am a brother of Daniel Thomas, who has testified here.

On the Sunday morning after Dr. Mudd's arrest, my brother came to Woodville Church; and as he was just from Bryantown the day before, we asked him the news. He was full of news of the arrest of Dr. Mudd, and the boot having been found with him, etc., and then during the conversation he spoke of what Dr. Mudd had told him a few weeks before, in relation to the assassination of the I do not recollect Dr. Mudd's saying to me President. Mr. Sullivan Wood and several on that occasion that he did not consider the other gentlemen were present. He had never oath of allegiance worth a chew of tobacco; mentioned the subject to me before that time, to my knowledge nothing of the kind was and I am certain that in that same conversaid. I can not recollect all the conversa-sation he spoke of Booth's boot being found tion; but they commenced talking about de-in Dr. Mudd's house.

tectives, and Daniel Thomas told Dr. Mudd I have attended my brother professionally that he was appointed detective, and spoke in some serious attacks. About six years of several others Jerry Mudd, Dr. George ago he had a very serious paralytic attack— Mudd, Joe Padgett, I think, and perhaps one of the Hawkinses, who were also detectives; but he said he would never catch anybody; that he would go to their houses because it was his duty, but he would never catch anybody; that he was not bound to catch them. Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

partial paralysis of the face and part of the body. He labored under considerable nervous depression for some time before he recovered. He was mentally affected from it. His mind was not exactly right for a long time, and I am under the impression that it is not now at all times; and on these occasions he is credulous and very talkative. He is very apt to tell every thing he hears, and believe every thing he hears. I do not pretend to say that he would tell things that he did not hear, or make up things; but he is very talkative.

Dr. Mudd and Thomas were talking all that half hour; their talk was pretty much about detectives; that is all I recollect of it. I believe it took Thomas pretty much a whole half hour to say that he was a detective, and His reason may be somewhat affected, and did not catch anybody; he was telling a his memory also, when these attacks come whole parcel of foolish things. I had no on. He has fainting spells, and is confined conversation, none at all; Dr. Mudd and to his bed; but when he is up, and in the Thomas only were talking. I believe Dr. enjoyment of good health, he seems to be

BINGHAM.

rational. These attacks come on at no par- Cross-examined by ASSISTANT JUDGE ADVOCATE ticular time. When they do come on, he labors under great nervous depression, and has to be stimulated materially sometimes. He has not had an attack now for some time; his health has been better.

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

When I rode up, Mr. Lemuel Watson remarked to me, "You are a justice of the peace; I am glad you have come; I want you to try a case here. Daniel says he is entitled what you think of it." I do not remember to so much reward, and I want you to say what reply I made to this. Mr. Thomas It was on the Sunday after the soldiers stated that he had applied to Mr. Watson and were at Bryantown that my brother told Mr. Naylor for a certificate to the effect that me that Dr. Mudd had said that Lincoln, he had informed them concerning Dr. Mudd's and the whole Cabinet, and all the Union arrest, and that, if he could get such a certifimen of Maryland would be killed in a few weeks; that was the first I heard any thing about it.

By the COURT.

My brother seemed to be as rational on that Sunday as I ever saw him; he was not at all excited, and I think he was quite capable of telling the truth on that day. I had no doubt in my mind at that time that Dr. Mudd had said this, though I thought he might probably have said it in joke. At first I thought my brother was jesting, and told him that if it was not true he should not say so, and he said it was certainly true; that Dr. Mudd had made the statement in Bryantown; and I supposed it was so. I do not suppose my brother would swear to any thing that was not true.

JAMES W. RICHARDS.

For the Defense.—June 6.

cate, he would be entitled to a portion of the reward. We told him that we thought he was entitled to $20,000, by way of a joke. Both William Watson and myself told him this. I remarked to him that I did not think $10,000 was enough, and I thought he would better take $20,000. Thomas said he would not want me to swear to a lie for him to get $10,000. I understood Thomas pretended to Mr. William Watson that he had told him of the arrest of Dr. Mudd.

By MR. EWING.

I have always been a loyal man, and a hearty supporter of the measures of the Government for the suppression of the rebellion; I voted for Lincoln and Johnson.

In 1861 I met Mr. Thomas on my way from teaching school. He said that he was going to join the Southern army, and that he intended to come back, when Beauregard would cross, and hang a man by the name of Thomas B. Smith. Thomas was not a loyal man at the beginning of the war.

[Mr. EWING offered the following in evidence:]

[OFFICIAL.]

WAR DEPARTMENT,

Washington, April 20, 1365.}

I live near Horsehead, Prince George's County, Md. On the 1st of June last I met Daniel J. Thomas, in company with John R. Richardson, Benjamin J. Naylor, George Lynch, Lemuel Watson, and William Watson, at the door-yard of Mr. William Watson, near Horsehead. Mr. Thomas said that he had asked Mr. William Watson and Mr. BenOne Hundred Thousand Dollars Reward. jamin J. Naylor for a certificate, stating that The murderer of our late beloved President, he was entitled to the reward, or a portion of Abraham Lincoln, is still at large. Fifty the reward, that was offered for the arrest of thousand dollars reward will be paid by this Booth and his accomplices; and he thought, department for his apprehension, in addition if he could get a certificate from them to that to any rewards offered by municipal authorieffect, he would be entitled to a portion of the ties or state executives. Twenty-five thousand reward in the event of Dr. Mudd's being dollars reward will be paid for the apprehenconvicted, as he (Mudd) was considered one sion of G. A. Atzerodt, sometimes called of Booth's accomplices. The reward, Mr. | “Port Tobacco," one of Booth's accomplices. Thomas said, was $10,000; he stated that the Twenty-five thousand dollars reward will be certificate was to certify that he informed paid for the apprehension of David E. Herold, them concerning Dr. Mudd's arrest. I do not think he wanted a certificate stating that he was the cause of Dr. Mudd's being arrested. He said, if Dr. Mudd was convicted, he was entitled to a portion of the reward.

another of Booth's accomplices. Liberal rewards will be paid for any information that shall conduce to the arrest of either of the above-named criminals or their accomplices. All persons harboring or screening the said. I have known Daniel J. Thomas for the persons, or either of them, or aiding or assistpast five years; his reputation in the com- ing their concealment or escape, will be munity for veracity is very bad. In any thing in which he had a prejudice, or where any money was at stake, I would not believe

him under oath.

treated as accomplices in the murder of the President and the attempted assassination of the Secretary of State, and shall be subject to trial before a military commission, and the

punishment of death. Let the stain of inno- falsely, though by your doing so it would give cent blood be removed from the land by the me $20,000." That is what I understood him arrest and punishment of the murderers.

to say.

By MR. EWING.

Mr. Richards did not offer to take a false Mr. Richards is a true Union man. oath. He was joking; I am confident of

All good citizens are exhorted to aid public
justice on this occasion. Every man should
consider his own conscience charged with
this solemn duty, and rest neither night nor that.
day until it be accomplished.
EDWIN M. STANTON,
Secretary of War.

WILLIAM J. WATSON.
For the Defense.-June 9.
By MR. EWING.

By ASSISTANT JUDGE ADVOCATE BINGHAM. Q. Do you not consider that Daniel J. Thomas is entitled to belief on his oath?

A. I have no reasons bearing on my mind to offer to the Court why I would not; there fore, I must say, I would.

Q. Would you believe him on his oath?
A. I would.

I live in the Eighth Election District, Prince George's County, Maryland. I_am Q. He has as good a reputation for truth acquainted, though not intimately, with Dan- as most of his neighbors down there? iel J. Thomas. I was in my door yard, near A. I should not think he had as good a Horsehead, on the 1st of June, with John R. reputation for truth as most of the neighbors. Richardson, Benjamin Naylor, George Lynch, Mr. EWING objected to this course of exLemuel Watson, and Daniel J. Thomas. On amination as improper. It was not legiti that occasion, Daniel J. Thomas said, if my mate cross-examination. The witness had memory serves me right, that if Dr. Mudd been subpenaed by the Government, and, at was convicted upon his testimony, he would the consent of the Judge Advocate, was then have given conclusive evidence that he called by the accused as to a single point, gave information that led to the detection of with the understanding that he should be the conspirators. treated as a witness for the accused only to He said he thought his portion of the re- that one point. ward ought to be $10,000, and he asked me The JUDGE ADVOCATE (while not yielding if I would not, as the best loyal man in the point that the line of examination purPrince George's County, give him a certifi-sued was improper) stated that he would cate of how much I thought he ought to be agree now to take this witness as one for the entitled to.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BINGHAM.

prosecution; and the witness was accordingly examined for the prosecution in rebuttal.

By ASSISTANT JUDGE ADVOCATE Bingham.

I was not much acquainted with Daniel J. Thomas till 1863. He lives in Charles County, and I in Prince George's. I do not know what kind of a reputation he bore in Charles County, but in my neighborhood they spoke evil of him. They say he tells a good many lies, but I think people tell him as many lies as he tells them. Though some speak well of him, people generally say that his reputation for truthfulness is bad.

I told him I did not think he was entitled to any portion of the reward, and would give him no certificate. I then appealed to his conscience in the most powerful manner I could, and asked him if he believed he was entitled to the reward? I did this three times, but he waived the question every time by saying that Daniel Hawkins said he was entitled to it. He did not say that Daniel Hawkins had told him, but that he had told somebody else so. Thomas then asked Mr. Q. I ask you your opinion, whether you Benjamin J. Naylor, I think, if he did not consider, from all you hear of his reputation mention to him and to Arthur D. Gibson, there, that his character for truth is such before the killing of the President, the lan- that he is entitled to be believed on oath? guage that Dr. Mudd had used to him. Mr. A. I believe that he is; because if I was Naylor said that he had never done it before to come here and say he was not qualified, I should have to say that half the men around there are not qualified.

or after.

By MR. EWING.

Q. Are you able to say that you know what Mr. Thomas's general reputation is, in the community in which he lives, for truth?

When I was appealing to his conscience in regard to the matter, Mr. James Richards, a magistrate in the neighborhood, rode up, and my brother, Joseph L. Watson, or Lemuel Watson as he is called, appealed to him, saying, "There is a contest going on here between Billy and Daniel; you are a magis- A. I think I have stated that it is not good! trate, and I want you to decide it between for truth in speaking; but I think he lies them." Mr. Richards said, "Lem, let us say more in self-praise, to make the people think || that he is entitled to $20,000 of the reward." a great deal of him, than in any other way. Mr. Thomas then said, "No, sir, I would I have never heard of Mr. Thomas telling a not have either of you gentlemen swear lie that would make a difference between man

and man. I have known of no quarrels to be kicked up in my neighborhood about any thing Mr. Thomas has told from one man

to another.

Q. Do you know whether Mr. Thomas was a loyal man in the beginning of the war? A. I do not know. He was represented not, to me; but I suppose if he had been, his feelings would have been coerced by the people by whom he was surrounded.

Q. Do you know who he supported at the last election for President?

A. I do not know; but he electioneered for George B. McClellan.

JOHN C. HOLLAND.
For the Defense.—June 8.
By MR. EWING.

Cross-examined by the JUDGE ADVOCATE.

Thomas testifying in a court of justice, and
I never heard gentlemen speak of Mr.
he is on his oath in court, is not to be be-
I do not mean to say that Mr. Thomas, when
lieved.

JOHN L. Turner.
For the Defense.—June 9.

By MR. EWING.

County, near Magruder's Ferry, on the PaI live in the lower part Prince George's tuxent River, six or seven miles from Dr. Mudd's. I have a slight acquaintance with Daniel J. Thomas. He is not regarded as a truthful man by any means in that neighborhood. From his general reputation, I Icould not believe him under oath, where he was much interested.

I hold the position of Provost Marshal of the draft for the Fifth Congressional District Mr. Thomas has been loyal part of the of Maryland. I know Daniel J. Thomas time since the war commenced, but I can from the fact that he was a drafted man, not say that he has been so all the time. He and I examined him at Benedict, Charles has been loyal for the last year or two, but County. I never received a letter from him I do not know how he stood at the beginin which the name of Dr. Mudd was men- ning of the war.

tioned; nor any letter stating that the Presi- Dr. George D. Mudd has been considered dent, or any member of his Cabinet, or any a loyal man throughout the whole war. I Union man in the State of Maryland would have always been a loyal man and a supbe killed. I received a letter from him dated porter of the Government. I voted for George February 9, 1865, but it contained no refer- B. McClellan for President, because I conence whatever, direct or indirect, to this sub-sidered him as good a loyal man and as ject, nor to Dr. Samuel A. Mudd. Mr. good a Union man as Mr. Lincoln; and as Thomas, I believe, was commissioned as an he said that if he were elected the war would independent detective; that is, commissioned only last a few months, I voted for him on specially by me to arrest drafted men that did that ground. not report and deserters, receiving as compensation the reward allowed by law. He was not under pay from the Government. Such commissions were given to any one who applied.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BURNETT.

The letter contained a reference to Dr. George Mudd, with whom I am acquainted, but none whatever to Dr. Samuel Mudd; I am not acquainted with him.

RICHARD EDWARD SKINNER (colored.)

For the Defense.-June 27.

I know Dr. Sam Mudd. I have known him since he was a boy. His reputation for peace, order, and good citizenship has been very good. I have always considered him a good, peaceable, and quiet citizen, as much SO as any man we have among us. I never knew him do any thing in aid of the rebellion.

POLK DEAKINS.

For the Defense.-June 9.
By MR. EWING.

I live near Gallant Green, Charles County, Md. I have been acquainted with Daniel J. Thomas ever since I can remember. His I live in Charles County, Md. I am the serv- reputation in the community for truth-telling ant of Mrs. Thomas, the mother of Daniel is very bad; and if he had any inducement J. Thomas, whom I have known for thirty to speak other than the truth, I would not years. I know what is thought of him in the believe him under oath.

community for telling the truth, and he In 1861, Mr. Thomas said he was going does n't bear a good reputation among gen- over into Virginia, and he tried to persuade tlemen. I have always been living with him, me to go, but I did not.

and I have heard gentlemen say they would not believe him under oath. I do not like to say that I would not believe him when he was under oath.

Mr. Daniel J. Thomas was not a loyal man on the breaking out of the war; since then he has sometimes been loyal, and then again ie has not been so; just changeable like.

JEREMIAH T. Mudd.

Recalled for the Defense.-May 27.

By MR. EWING.

I am acquainted with Daniel J. Thomas, and know his reputation in the neighborhood

188

in which he lives; for truth and veracity it ing the first twelve or eighteen months of is bad; and I do not think I could believe the war, he was looked upon as a great him under oath. friend of the South; helping as far as his ability went. He was not looked upon as able to help anybody, but his conversations were all that way.

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM,

JOHN H. BADEN.
For the Defense.—June 8.

By MR. EWING.

I base my opinion, as to his general reputation, on my knowledge of him, and on his reputation in the neighborhood. He is known to go riding about the country, telling things that are marvelous and miraculous. I may safely say I have heard as many as ten or a dozen persons speak of his bad reputation for truth and veracity. Among others, I have County, Md. I know the reputation Daniel heard Dr. George Mudd and Mr. Gardiner. J. Thomas bears for truth and veracity; be I have never heard any one say that Thomas is accounted a very untruthful man; I be had ever sworn falsely in any court.

By MR. STONE.

Thomas represents himself as a detective, acting under the orders of Colonel Holland; whether such is the fact I do not know.

LEMUEL L. ORME.

For the Defense.—June 6.

By MR. EWING.

I live in Anacostia District, Prince George's

lieve few place any confidence in what be says. From the knowledge I have of his reputation for veracity I would not believe him under oath.

Cross-examined by the JUDGE Advocate.

I have never heard him charged with swearing falsely. I have heard him tell a great deal that was not true, but I never heard him swear to it.

Q. From your knowledge of human char who talk idly and extravagantly, and some acter, do you not think there are many men times untruthfully, who would nevertheless, when under the obligations of an oath, speak the truth?

I am acquainted with Daniel J. Thomas; I knew him first when he was not more than thirteen or fourteen years of age. He is looked upon in the community in which he lives as a man that hardly ever tells the truth; his reputation for veracity is very bad. confidence myself in what I hear him say. A. I do not know, sir. I do not place any I never heard him tell any thing of any I have nothing against Mr. Thomas; I have length, without betraying himself in a story known him a good while, but I do not put before he got through; and I have scarcely any confidence in what I hear him say. heard of a man in the neighborhood that would believe any thing he might tell. If Do I understand you to hold that a man who Q. That is not an answer to my question. he had the least prejudice against a person, I could not believe him under oath. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM.

If he had a prejudice, and was under oath, I should hardly believe him any how.

By the JUDGE ADVOCATE.

will sometimes speak untruthfully, will neces
sarily swear to an untruth in a court of jus
tice? Is that your judgment of human char
acter and conduct?
A. Not all.

ELI J. WATSON.

For the Defense.-June 8.

By MR. EWING.

To the best of my knowledge and belief, I have been loyal to the Government during this rebellion. I have never done any thing I reside in the Eighth Election District, to oppose the efforts of the Government in Prince George's County, Md. I have known suppressing the rebellion; I have always Daniel J. Thomas ever since he was a boy. wished that the Union might be sustained, I know his reputation for truth and veracity and that the Government might not be in the neighborhood in which he lives, and it broken up, and have always so expressed is very bad. From that general reputation, myself. I had no idea of the South ever and my knowledge of his character, I would forcing the North to go to them; and so far not believe him under oath. as the Union is concerned, I always expected that, if maintained, it would be by the North.

By MR. EWING.

I saw Mr. Thomas on my farm on the 1st of June; he said he had been a witness against Dr. Mudd, and that Joshua S. Nar lor had sworn to put down his oath; he als If words testify any thing, Mr. Thomas said that if his oath was sustained, he er has not been a loyal man since the begin-pected a portion of the reward that the Go ning of the war. In the fall of 1861, for a ernment was to give for Booth.

distance of two miles, he talked to me, and Q. And that Joshua S. Naylor had swor advised me to go South with him. He may to put down his oath; what do you under have changed his sentiments since, but dur-stand by that?