BINGHAM. edge, been there, or at the house of Dr. | colored folks about tnere gave her a bad Samuel A. Mudd, since 1861. I never knew name as a story-teller. Dr. Mudd treated me John H. Surratt, or Lieutenant Perry, or very well; I have no fault to find with him. Captain Perry, and never heard of their being Cross-examined by ASSISTANT JUDGE ADVOCATE at the house of Samuel A. Mudd; nor have I ever known or heard of parties of Confederate officers or soldiers being about Dr. Samuel Mudd's house, and I have been in the habit of going to his house very frequently since 1861. I saw Dr. Mudd on his way home from Bryantown on the Saturday afternoon after the assassination of the President; no one was with him. Cross-examined by ASSISTANT JUDGE ADVOCATE I saw him going by the road by his house toward Bryantown, I expect, between 1 and 2 o'clock; perhaps a little earlier; and I saw him coming back perhaps about 4; but I am not positive as to the time. On the 2d of March, he came to his father's very early, before breakfast; I do not know what time he left; I was sick and did not see him any more; on Friday I did not see him until noon, at dinner. I did not see him at all on Wednesday, the 1st of March, and do not know of myself whether he was abroad or at home on that day, nor do I know whether he was at home or abroad after he left his sister early in the morning of the 2d, until the next day at noon. BETTY WASHINGTON (colored.) Recalled for the Defense.-June 5 By MR. EWING. Dr. Mudd took breakfast at home on Thursday, and he was there all day when we were cutting brush; he was on one side of the path, and we were on the other. know he was at home to breakfast, dinner, and supper on Thursday. By MR. EWING. I Q. Are you certain that Dr. Mudd took breakfast at his house on the day after Ash Wednesday? Assistant Judge Advocate BINGHAM objected to the question as not proper re-examination. The cross-examination had been confined to matters brought out on the examination in chief, and therefore this kind of re-examination was not proper. Mr. EWING desired to put the question in FRANK WASHINGTON (colored.) It is a little better than twelve months since I went to live at Dr. Mudd's house. I was there last March, and I know that on the 1st, which was Ash Wednesday, he was out working with me on the tobacco bed from morning until night; the next day he was about the tobacco bed in the morning He I went to live at Dr. Samuel A. Mudd's and afternoon. On Friday he went to the house the week after Christmas, and was bed again, but it commenced raining. there in March last; I know that on the then went to the barn to strip tobacco, and 1st of March, Ash Wednesday, Dr. Mudd he staid in the barn until 12 o'clock, when was down at the tobacco bed, getting it he went to his father's. On Saturday it ready to sow; he was there until about dinner rained pretty hard, and he kept the house all time, and he and Mr. Blanford came in to day until pretty late in the evening, when dinner together. He was out all that after- he rode up to the post-office at Beantown. noon, but was at home at night. I saw him On Sunday he went to church. the next morning, Thursday, at breakfast time, and we cut brush all that day, and he was there working with us all day; he laid the brush off for us to dig up. On Friday, he was stripping tobacco in the barn. I saw him on Friday morning, but not at noon; he went from the barn over to his father's to dinner, and came back after we had been to supper. I saw him on Saturday at breakfast, and I always got up before Dr. Mudd, and I after dinner he went to the post-office at saw him go out of the house early on Thurs Beantown, and came back at night. On day morning; I was working with him al Sunday he went to church, and came home that day. He ate his breakfast before I had Sunday night. mine, and he ate his dinner and supper st home. On Ash Wednesday night, and every other night, Dr. Mudd was at home; Dr. Mudd was also at home Tuesday, the last day of February, and I saw him on Sunday night, the 5th; he was at home. The tobacco bed that he was fixing on the 1st of March is down close to Mr. Sylvester Mudd's. I was working on the bed with him. I never heard of John H. Surratt while I lived at Dr. Mudd's. If I had heard talk of his name, I should know it. I know Mary Cross-examined by ASSISTANT JUDGE ADVOCATE JOHN F. DAVIS. For the Defense.-June 5. By MR. EWING. I live in Prince George's County, Md., about Simms who used to live at Dr. Mudd's; all the a mile from the line of Charles County. 1 know that Dr. Samuel Mudd was at home on the 3d of March, for I went down to see him, and carried him half a dozen small perch, I saw him at his house, within five miles of Bryantown, at about 10 o'clock on Friday morning, the 3d day of March. THOMAS DAVIS. Recalled for the Defense.-June 5. By MR. EWING. On the 2d of March he was at my father's house before breakfast, having come to see my sister, who was sick. I saw him again that day at 4 o'clock. On the 3d of March he was sent for about 10 o'clock, and the boy found him in the barn stripping tobacco. He came about half-past 11 o'clock, remained to dinner, and left about 2 o'clock; I am very positive of this. In the afternoon of the same day he came again, and brought some medicine. I saw him again that evening when I went over to his house to fetch some Since the 9th of January I have been living medicine. On the 4th of March he was at Dr. Samuel Mudd's. I recollect that he again at my father's house to see my sister. was at home on the 1st of March, because I On the 5th of March I saw him at church, was sick, and he came into my room to see and he dined at our house. The distance me. He told me he could not give me any from my father's house to the Navy Yard meat on that day because it was Ash Wednes- bridge at Washington is from twenty-seven day, the beginning of Lent. He came up to to thirty miles. see me twice on that day, in the forenoon and afternoon, and on the 2d of March he came to see me twice, morning and evening. On the 3d I saw him three times, and on the 4th and 5th he came to see me as usual, in the forenoon and afternoon of each day. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM. I was sick and confined to my bed at Dr. Mudd's only once last winter; I was taken sick on the 22d of February, and remained sick and confined to the house until about the 15th of March; this is the same sickness that I swore to before the Court a week ago. By MR. EWING. Dr. Mudd was up to see me every day during the whole of that time, and generally twice a day. Dr. Mudd did not own a twohorse buggy or rockaway while I lived there; he had no buggy at all. By ASSISTANT JUDGE ADVOCATE Bingham. He had his father's carriage once on the 17th of April. I do not know what he had while I was sick; I was not out to see. By MR. EWING. His father's carriage is a two-horse one. It is a close carriage; not a very heavy one. There is one seat inside, and one outside for the driver; I think it has a window in each side, and opens at the side with a door. By ASSISTANT JUDGE ADVOCATE BINGHAM. It has curtains. I said it was a rockaway, but I spoke of it first as a "carriage; " I never heard it called a rockaway. HENRY L. MUDD, JR. Of the whereabouts of my brother, Samuel My brother has not owned a carriage of any description since I have known him. My father does not own any buggy; he owns a large two-horse, close carriage, holding four persons inside, two on the driver's seat, and a large seat behind. It is as large as any of the city hacks, and very heavy. Cross-examined by ASSISTANT JUDGE Advocate BINGHAM. I distinctly remember my brother being at DR. J. H. Blanford. By MR. EWING. I saw Dr. Mudd at his house on the 1st of March, and I saw him at church on the 5th. Dr. Mudd's father does not own a buggy or rockaway. His carriage is a large, close family carriage; four seats inside and two outside. MISS MARY MUDD. By MR. EWING. On Ash Wednesday, the 1st of March, I was making preparations to go to church, when I was taken very sick. The sickness passed off, and I grew better; but on the 2d of March my father sent for Dr. Samuel Mudd, my brother, and brought him over. My father found him in bed. He remained with us till 7 o'clock, and then returned to his own house. On Friday morning, the 3d of March, there was an eruption on my face, and my mother, who was much frightened, sent a small colored boy over for my brother, who My brother first went to St. John's Colsent back word that he would be there to lege in 1849, and he was there in 1850. In dinner. He came between 11 and 12 o'clock 1851 he went to Georgetown College. He and dined with us. Having come from the was not at home in the months of October, barn where he was stripping tobacco all day, November, and December of 1850, or Januhe brought no medicine. I remember he ary, 1851. He never spent any holiday at came directly into my room and washed the home except the summer vacation. tobacco gum off his hands. He left at 2 o'clock, and returned at 4, bringing with him some medicine. On the same day my brother Henry, late in the evening, went over and returned with more medicine. On the 4th, Saturday, my brother came to see me, and dined with us. On the 5th, Sunday, he was at our house in the evening. On Monday, the 6th, he came to see me again; also on Tuesday, the 7th, and on Wednesday I was able to leave my room and did not need his attention any more. IN WASHINGTON, MARCH 23, 1865. THOMAS L. GARDINER. Recalled for the Defense.-May 29. On the 23d of March last, Dr. Samuel A. Mudd (the accused) and myself came to Washington together. We left home about During this time, on one of the days, a 8 or 9 o'clock in the morning, and came up negro woman on the place was taken very to attend the sale of Government condemned sick of typhoid pneumonia. My brother horses, which we were told would take place saw her every day until the 23d of March. on Friday; but when we got to Mr. MarThat day I remember very well, because we tin's, we heard that the day of sale had had a tornado, and his barn was blown been changed to Tuesday, and we were disdown. After that, during the whole of the appointed in attending it. month, I saw him every two or three days, or heard of him. Dr. Mudd said he wanted to go over in town; so we left our horses at Mr. Martin's, I have been in the habit of seeing my where we had dined, walked across the brother every day or so, because my mother's bridge and up to the Navy Yard gate; then health is delicate, and he comes in frequently we took a street-car and came up on the avenue. We went to Mr. Young's carriage to see her. I know of my brother going to Washing-factory, where Dr. Mudd looked at some ton on the 23d of March, in company with wagons, and then around to one or two livLewellyn Gardiner. I remember his being ery-stables, where Dr. Mudd looked at some at a party at Mr. George Henry Gardiner's second-hand wagons. From there we went in January, but I do not remember the date. round on the island to Mr. Alexander Clark's. His wife and Mrs. Simms, who boards in Not finding him at home, we went down to the family, were also there. They remained his store, staid there with him till dark, and until daybreak. A short time after that, he he closed his store, when we returned to his came with my brother Henry to Giesboro to house, and took tea with him. After tea, buy some horses. Those are the only occa- Mr. Clark, Dr. Mudd, and myself went to sions I know of his being away from home Dr. Allen's, remained two or three hours, between the 23d of December and the 23d of then returned to Mr. Clark's, and staid all March, and I never heard of his being ab-night-Dr. Mudd and myself sleeping tosent on any other occasion. gether. After breakfast next morning, we My brother never owned a buggy or car-accompanied Mr. Clark to his store, and riage. My brother has for the past year then went to the Capitol and looked at some worn a drab slouch hat. I have never seen of the paintings. After this, we took a him wear a black hat for a year. street-car, returned to Mr. Martin's and or I know Andrew Gwynn. I understand he dered our dinner, after which we got our has been in the Confederate service since horses and returned home. We were not 1861. I never knew or heard of any Con-separated at all during the whole time; we federate officers, or soldiers, or citizen Con- were not out of one another's sight, I am federates, stopping at my brother's house. confident, from the time we left Mr. Martin's I saw Booth in Dr. Queen's pew at church till we returned. We saw nothing of Booth last fall or winter. It was the visit when while there, nor did we go to the National he purchased the horse of Mr. Gardiner. I Hotel. do not know of Booth having been at my I recollect the contest in our Congressional brother's at that visit. I only heard of it; I district, in which Calvert and Harris were the did not hear of his staying there over night. rival candidates. Mr. Harris was running I never heard of a second visit until since as a peace candidate; I do not know that this trial commenced. Mr. Gardiner does he was termed a secessionist. Calvert, I unnot live more than half a mile, I think, derstood was the unconditional Union candifrom my brother's. Bryantown is on the date. I can not say whom Dr. Mudd suproad between Dr. Queen's and Mr. Gardiner's. ported at that election. I did not see his My brother's house is also on that road. ticket, but from a conversation I had with him, I supposed he would support Mr. Cal-Mudd and Mr. Gardiner went to my house vert. I understood him to say that he thought with me; I gave them a bed-room, and they it would be better to elect Mr. Calvert. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM. I understood that Calvert was publicly reputed to be a stronger Union man than Harris. By ASSISTANT JUDGE ADVOCATE Burnett. remained together in my house, and went away together the next morning. I have not seen Dr. Mudd on any other occasion this year until yesterday. I do not know either J. Wilkes Booth, John H. Surratt, or Mr. Weichman. No one bearing either of those names was in company with Dr. Mudd, Mr. Gardiner, and myself at Dr. Allen's, at my house, or any I do not know that there were three can- where else. Dr. Mudd was not out of my didates in the field; that Colonel John C. Hol-sight that night from the time he came into land was the unconditional Union candidate in the store until he went into his room to bed. that district, and the others both peace candidates. I know that Colonel Holland was a candidate when Harris was elected the last time. DR. CHARLES ALLEN. I I am acquainted with the prisoner, Samuel A. Mudd. The last time I saw him was at my office in this city, on the evening of the 23d of March last. He came there in company with Mr. H. A. Clark and Mr. Gardiner; the latter gentleman I had never seen before. I was introduced to him on that evening; I do not know his first name. understood that he lived in the same section of the country that Dr. Mudd lived in. They came in about 8 o'clock, and remained till between 12 and 1 o'clock at night. There were several other gentlemen in my office, to whom Mr. Clark introduced Dr. Mudd and Mr. Gardiner. I can fix the date of that visit from the fact that a tornado had swept over the city that day, unroofing one or two houses, and killing a negro man; and this was spoken of by us in the evening; by ref erence to the newspapers I find that it was the 23d. I had seen Dr. Mudd once before, in the early part of 1864, when Mr. Clark first introduced him to me. Those are the only two occasions on which I have seen him. HENRY A. CLARK. For the Defense.—June 6. By MR. EWING. There were no strangers about my house in Cross-examined by ASSISTANT JUDGE ADVOCATE I knew all who were at Dr. Allen's on that evening, but I can not recall them. I much acquainted with the gentlemen that spend the evening there often, and am pretty visit there, but I can not state positively the names of the ten or a dozen that were there that evening AT GIESBORO ON APRIL 11. By MR. EWING. I live about three miles from Bryantown, and about three-fourths of a mile from my brother, Samuel A. Mudd; I have lived there all my life. On the 10th of last April, I think it was, my brother, Samuel A. Mudd, and myself left home together and went to Blanford's, ten miles from Washington. We staid there all night, and the next morning Dr. Blanford, Dr. Mudd, and myself went to Giesboro to buy condemned Government horses. Dr. Blanford left us about half-past In the latter part of last March, Dr. Mudd 10 o'clock, and went to Washington. We (the accused) and Mr. Gardiner, a neighbor remained till about 1 o'clock, and finding no of his, came to my store in this city, between horses that suited us, I proposed to Dr. Mudd 6 and 7 o'clock in the evening, and went to go down to Mr. Martin's, near the bridge, home with me, and took tea at my house. and get some dinner, which we did. Dr. After tea we went around to Dr. Allen's office, Blanford came in just as we had dined, and and spent the evening there, in company with we all three returned home. Dr. Mudd and a number of other gentlemen. Mr. Emerson myself were not separated five minutes during and Mr. Veighmyer were there. Mr. Gar- that visit. We did not cross the Eastern diner and Dr. Morgan were there for a few minutes, and I think Ethan Allen, but am not positive; and perhaps Mr. Bowman of the Bank of Washington; there were perhaps ten or a dozen. We remained till between 12 and 1 o'clock, playing cards. Dr. Branch, or come into Washington or the Navy Yard, nor did I see any thing of John Wilkes Booth during that visit. I know of but two other visits to Washington made by my brother, Samuel A. Mudd, during last winter and spring; the first on the 23d or 24th of December, in company with Jerry Mudd, and 3 and 4 o'clock, I am not positive, and they the second visit with Thomas L. Gardiner, all three left together. They said they were about the 23d of March. With the exception going to Giesboro Point to buy horses. I of those visits to Washington, and when he have no means of fixing the date of this visit went to Giesboro with me, my brother has except from my book, which is at home; but been at home, and I saw him nearly every I think it was the 4th of April. Neither day, at least four times a week, at home and Dr. Mudd nor Dr. Blanford was there, to my at church. A part of last year I was at knowledge, between that time and the assas college; I came home about the 29th of sination of the President. June I do not know of any Confederate soldiers or other persons having been about my brother's house since my return from college, nor did I ever see or hear of John H. Surratt being there. My father is a large land-owner in the county, and the farm which my brother, the prisoner, holds is between four and five hundred acres. Cross-examined by Assistant JUDGE ADVOCATE BURNETT. Cross-examined by ASSISTANT JUDGE Advocate I did not register Dr. Mudd's name at all; but a man by the name of Stewart was there that day, and his name was registered; so that the book will show the date. Recalled for the Defense.-May 30. Since I was upon the stand yesterday I have referred to my register, and find that it My father gave that farm to my brother. was Jerry Mudd that was at my house on He has no deed for it, but he can get one the 4th of April. It must have been on any time he wants it. I suppose he is a tenant the 11th of April that Dr. Samuel Mudd, of my father's. By MR. EWING. his brother Henry, and Dr. Blanford were there; I know it from the fact that, when they had been gone about half an hour, I always understood that my father set Joshua S. Naylor and Lemuel Orme (whose apart that farm for my brother; it is known names are registered on that day) drove up as my brother's farm, and goes by that name. and asked if there was anybody up from I know also that six years ago my father Charles County, and I told them that Dr. bought the land on which Mr. John F. Hardy Mudd and his brother had just left. now lives for my brother, Dr. Samuel Mudd. I saw Dr. Mudd and Jerry Mudd in market The house was burned down, and a small in Washington on the 24th of December last. one built, which did not suit my brother, Dr. Mudd helped me to sell some turkeys; and he sold the farm to Mr. Hardy, making it was a dull market, and he said he thought the agreement, and selling and receiving the proceeds, although my father held the title. Recalled for the Defense.-May 31. I did not say in my previous examination that my brother was a tenant, if that means that he pays rent. I keep my father's accounts, and I know very well that my brother has never paid the first cent of rent for the farm since he has been on it, nor any of the produce of the farm; it was treated as my brother's farm in every respect. ROBERT F. MARTIN. By MR. EWING, I am acquainted with the prisoner, Dr. Samuel A. Mudd, with his brother, Henry L. Mudd, and Dr. Blanford. Dr. Mudd was at my house, on the 23d of March last, with Mr. Lewellyn Gardiner; they took dinner, and left their horses, then went over the river, returned next day to dinner, and got their horses. He was at my house again in April, in company with his brother, Henry Mudd. They had their horse put away, and took dinner. Dr. Blanford joined them, perhaps between he could do better than I was doing; so he stood at the stand while I went round the market, but when I came back I do not think he had sold one. He was at my stand twice that day. He inquired of Lucas if he could carry a stove down for him, and Lucas's reply was that, if he sold his poultry, he would; if not, he would have to take it over to me; but he did not sell his poultry, and the stove was not moved that day. Dr. Mudd was at my house on the 23d of March; his name was registered on that day. He and Mr. Gardiner came together before dinner. They left their horses there, and took them away the next day after dinner. I do not know where they went; I only know they went across the river. Mr. EWING. I now propose to ask the witness, what statement was made by the accused to him, as to the purpose of his visit Inasmuch as the visit has to be explained, I think, under the rules of evidence, that statement is clearly admissible. There are plenty of authorities for it. Assistant Judge Advocate BINGHAM. I undertake to say that there is not any authority in the world for it, because that is not in issue. Mr. EWING. It is in issue whether he met Booth in January. Assistant Judge Advocate BINGHAM. Not |