to the box in said theater, in which said Augustus H. Seward, Emrick W. Hansell, Abraham Lincoln was sitting at the time he and George F. Robinson. was assaulted and shot, as aforesaid, by John Wilkes Booth; and also did, then and there, aid said Booth in barring and obstructing the door of the box of said theater, so as to hinder and prevent any assistance to or rescue of the said Abraham Lincoln against the murderous assault of the said John Wilkes Booth; and did aid and abet him in making his escape after the said Abraham Lincoln had been murdered in manner aforesaid.

And in further prosecution of said conspir acy and its traitorous and murderous designs, the said George A. Atzerodt did, on the night of the 14th of April, A. D. 1865, and about the same hour of the night aforesaid, within the military department and the military lines aforesaid, lie in wait for Andrew Johnson, then Vice-President of the United States aforesaid, with the intent unlawfully and maliciously to kill and murder him, the said Andrew Johnson.

And in further prosecution of said unlawful, murderous, and traitorous conspiracy, and And in the further prosecution of the conin pursuance thereof, and with the intent as spiracy aforesaid, and of its murderous and aforesaid, the said David E. Herold did, on treasonable purposes aforesaid, on the nights the night of the 14th of April, A. D. 1865, of the 13th and 14th of April, A. D. 1865, at within the military department and military Washington City, and within the military delines aforesaid, aid, abet, and assist the said partment and the military lines aforesaid, the John Wilkes Booth in the killing and mur- said Michael O'Laughlin did, then and there, der of the said Abraham Lincoln, and did, lie in wait for Ulysses S. Grant, then Lieutenthen and there, aid and abet and assist him, ant-General and Commander of the Armies the said John Wilkes Booth, in attempting of the United States, as aforesaid, with into escape through the military lines afore- tent, then and there, to kill and murder the said, and did accompany and assist the said said Ulysses S. Grant. John Wilkes Booth in attempting to conceal And in further prosecution of said conspirhimself and escape from justice, after killing acy, the said Samuel Arnold did, within the and murdering said Abraham Lincoln as military department and the military lines aforesaid. aforesaid, on or before the 6th day of March,

And in further prosecution of said unlaw-A. D. 1865, and on divers other days and times ful and traitorous conspiracy, and of the in-between that day and the 15th day of April, tent thereof, as aforesaid, the said Lewis A. D. 1865, combine, conspire with, and aid, Payne did. on the same night of the 14th counsel, abet, comfort, and support, the said day of April, A. D. 1865, about the same John Wilkes Booth, Lewis Payne, George A. hour of 10 o'clock and 15 minutes P. M., at Atzerodt, Michael O'Laughlin, and their conthe City of Washington, and within the mii- federates in said unlawful, murderous, and itary department and the military lines afore- traitorous conspiracy, and in the execution said, unlawfully and maliciously make an thereof, as aforesaid. assault npon the said William H. Seward, And in further prosecution of said conspirSecretary of State, as aforesaid, in the dwell- acy, Mary E. Surratt did, at Washington ing-house and bed-chamber of him, the said City, and within the military department and William H. Seward, and the said Payne did, military lines aforesaid, on or before the 6th then and there, with a large knife held in day of March, A. D. 1865, and on divers his hand, unlawfully, traitorously, and in other days and times between that day and pursuance of said conspiracy, strike, stab, the 20th day of April, A. D. 1865, receive, cut, and attempt to kill and murder the said entertain, harbor, and conceal, aid and assist William H. Seward, and did thereby, then the said John Wilkes Booth, David E. Herand there, and with the intent aforesaid, with old, Lewis Payne, John H. Surratt, Michael said knife, inflict upon the face and throat of O'Laughlin, George A. Atzerodt, Samuel Arthe said William H. Seward divers grievous nold, and their confederates, with the knowl wounds. And the said Lewis Payne, in fur-edge of the murderous and traitorous conspirther prosecution of said conspiracy, at the acy aforesaid, and with intent to aid, abet, and same time and place last aforesaid, did at- assist them in the execution thereof, and in tempt, with the knife aforesaid, and a pistol escaping from justice after the murder of the held in his hand, to kill and murder Fred- said Abraham Lincoln, as aforesaid. erick W. Seward, Augustus H. Seward, Em- And in further prosecution of said conrick W. Hansell, and George F. Robinson, spiracy, the said Samuel A. Mudd did, at who were then striving to protect and rescue Washington City, and within the military dethe said William H. Seward from murder by partment and military lines aforesaid, on or the said Lewis Payne, and did, then and there, before the 6th day of March, A. D. 1865, and with said knife and pistol held in his hands, on divers other days and times between that inflict upon the head of said Frederick W. day and the 20th day of April, A. D. 1865, Seward, and upon the persons of said Augustus advise, encourage, receive, entertain, harbor, H. Seward, Emrick W. Hansell, and George and conceal, aid and assist the said John F. Robinson, divers grievous and dangerous Wilkes Booth, David E. Herold, Lewis Payne, wounds, with intent, then and there, to kill John H. Surratt, Michael O'Laughlin, George and murder the said Frederick W. Seward, A. Atzerodt, Mary E. Surratt, and Samuel

Arnold, and their confederates, with knowl- be dealt with as contempt of Court, on the edge of the murderous and traitorous con- part of all persons or parties concerned in spiracy aforesaid, and with the intent to aid, making or procuring such publication.* abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, in pursuance of said conspiracy in manner aforesaid. By order of the President of the United States. J. HOLT,

Judge Advocate General.

Charge and Specification indorsed :

"Copy of the within Charge and Specification delivered to David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd, on the 8th day of May, 1865.

[Signed] "J. F. HARTRANFT, Brev. Maj.-Gen. and Spec. Prov. Mar. Gen."

To the Charge........

7. For the security of the prisoners and witnesses, and to preserve order and decorum in the trial and proceedings, the presiding officer will furnish a pass to counsel, witnesses, officers, and such persons as may be allowed to pass the guard, and be present at the trial. No person will be allowed to pass the guard without such pass, which, for greater precaution, will be countersigned by the Special Provost Marshal in attendance upon the Court.

8. The argument of any motion will, unless otherwise ordered by the Court, be limited to five minutes by one Judge Advocate, and counsel on behalf of the prisoners. Objections to testimony will be noted on the record, and decided upon argument, limited as above,

To the Specification, all the accused severally on motions. When the testimony is closed, pleaded......... "Not Guilty." the case will be immediately summed up by "Not Guilty." one Judge Advocate, at the discretion of the Judge Advocate General, and be followed or The Commission then considered the rules opened, if the Judge Advocate General elects, and regulations by which its proceedings by counsel for the prisoners, and the argument should be conducted, and after discussion shall be closed by one Judge Advocate. adopted the following:

RULES OF PROCEEDING
ADOPTED BY THE MILITARY COMMISSION

CONVENED PURSUANT TO SPECIAL
ORDERS Nos. 211 AND 216.

1. The Commission will hold its sessions in the following hours: Convene at 10 A. M., and sit until 1 P. M., and then take a recess of one hour. Resume business at 2 P. M.

9. The argument being closed, the Court will immediately proceed duly to deliberate and make its determination.

10. The Provost Marshal will have the

prisoners in attendance during the trial, and be responsible for their security. Counsel may have access to them in the presence, but not in hearing, of a guard.

11. The counsel for the prisoners will immediately furnish the Judge Advocate General with a list of the witnesses required for defense, whose attendance will be procured in the usual manner.

To allow further time for the accused to

2. The prisoners will be allowed counsel, who shall file evidence of having taken the oath prescribed by act of Congress, or shall take said oath before being permitted to ap-secure and communicate with counsel, the pear in the case. Commission adjourned to meet on Thursday, May 11th, at 10 o'clock A. M.

3 The examination of witnesses shall be conducted on the part of the Government by one Judge Advocate, and by counsel on the part of the prisoners.

4 The testimony shall be taken in shorthand by reporters, who shall first take an oath to record the evidence faithfully and truly, and not to communicate the same, or any part thereof, or any proceedings on the trial, except by authority of the presiding

officer.

The accused, SAMUEL A. MUDD, applied for 5. A copy of the evidence taken each day shall be furnished the Judge Advocate Gen-permission to introduce Frederick Stone, Esq., eral, and one copy to the counsel of the prisoners.

and Thomas Ewing, jr., Esq., as his counsel.

The accused, MARY E. SURRATT, applied Esq., and John W. Clampitt, Esq., as her for permission to introduce Frederick Aiken,

The testimony of Richard Montgomery, Sanford Con

6. No reporters but the official reporters shall be admitted to the court-room. But the Judge Advocate General will furnish daily, in his discretion, to the agent of the over, and James B. Merritt was, for prudential reasons, Associated Press, a copy of such testimony and taken in secret session. At the opening of the session, on May 13th, the Judge Advocate announced that the testiproceedings as may be published, pending the mony hereafter to be introduced might be given to the pubtrial, without injury to the public and the ends lic without impropriety or embarrassment to the Government, and that the President of the Commission would of justice. All other publication of the evi-grant permits for admission to reporters and others to dence and proceedings is forbidden, and will an extent not to interfere with the proceedings of the

Commission.

counsel, which applications were granted; the contrary, it should lead them to adopt and the aforesaid counsel, having first taken, the only course left to redress the wrong. in open Court, the oath prescribed by act of The taking of the oath under such circumCongress, approved July 2, 1862, accordingly stances, argues no unwillingness to surrender appeared. their rights. It is indeed the only way in To allow further time for the accused to which they can protect them, and no moral secure the attendance of counsel, the Com- injunction will be violated by such a course, mission adjourned, to meet on Friday, May because the exaction of the oath was beyond 12th, at 10 o'clock A. M. the authority of the Convention, and, as a law, is therefore void."

COURT-ROOM, WASHINGTON, D. C
May 12, 1865, 10 o'clock, A. M.}
The Commission met pursuant to adjourn

ment.

All the members present; also the Judge Advocate, the Assistant Judge Advocates, the accused, and Messrs. Ewing, Stone, Aiken, and Clampitt, counsel for the accused.

The proceedings were read and approved. The accused, DAVID E. HEROLD, applied for permission to introduce Frederick Stone, Esq., as his counsel.

MR. JOHNSON. The Convention called to frame a new Constitution for the State was called under the authority of an act of the Legislature of Maryland, and under that alone. By that legislation, their proceedings were to be submitted to the then legal voters of the State. The Convention thought that they were themselves authorized not only to impose as an authority to vote what was not imposed by the then existing Constitution and laws, but to admit to vote those who were prohibited from voting by such Constitution and laws; and I said, in common with the whole bar of the State, (and with what the bar throughout the Union would have said if they had been consulted,) that to that extent they had usurped the authority under which alone they were authorized to meet, and that, so far, the proceeding was a nullity. They had prescribed this oath; and all that the opinion said, or was intended to say, was that to take the oath voluntarily was not a craven submission to usurped auThe accused. LEWIS PAYNE, applied for thority, but was necessary in order to enable permission to introduce William E. Doster, the citizen to protect his rights under the Esq., as his counsel.

The accused, SAMUEL ARNOLD, applied for permission to introduce Thomas Ewing, jr., Esq., as his counsel; which applications were granted, and the aforesaid counsel accordingly appeared.

The accused, GEORGE A. ATZERODT, applied for permission to introduce William E. Doster, Esq., as his counsel.

The accused, MICHAEL O' LAUGHLIN, applied for permission to introduce Walter S. Cox, Esq., as his counsel.

The accused, EDWARD SPANGLER, applied for permission to introduce Thomas Ewing, jr., Esq., as his counsel; which applications were granted, and Messrs. Doster, and Cox, having first taken, in open Court, the oath prescribed by act of Congress, approved July 2, 1862, accordingly appeared.

The accused, MARY E. SURRATT, applied for permission to introduce the Hon. Reverdy Johnson as additional counsel for her,

then Constitution, and that there was no moral harm in taking an oath which the Convention had no authority to impose.

The objection being then withdrawn, Mr. Johnson accordingly appeared as counsel for Mrs. Mary E. Surratt.

The accused, David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd, severally, through their counsel, asked leave to withdraw for the time their plea of "Not Guilty," heretofore filed, so that they may plead to the jurisdiction of the Commission. The applications were granted.

A member of the Commission (General T. M. Harris) objected to the admission of Mr. Johnson as counsel before the Commission, on the ground that he did not recognize the moral obligation of an oath designed as a test of loyalty, or to enforce the obligation of The accused then severally offered a plea loyalty to the Government of the United to the jurisdiction of the Commission as folStates, referring to a printed letter, dated Bal- lows: timore, October 7, 1864, upon "the constitutionality, legal and binding effect and bearing of the oath prescribed by the late Convention of our State, to be taken by the voters of the State as the condition and qualification of the right to vote upon the New Constitution."

one of the accused, for plea, says that this court has no jurisdiction in the proceeding against him, because he says he is not, and has not been, in the military service of the United States.

And, for further plea, the said The letter, published over the signature of says that loyal civil courts, in which all the the Hon. Reverdy Johnson, pending the adop-offenses charged are triable, exist, and are in tion of the New Constitution of Maryland. full and free operation in all the places where contained the following passage: the several offenses charged are alleged to have been committed.

"Because the Convention transcended its power, as I am satisfied it has, that is no And, for further plea, the said reason why the people should submit. On says that the court has no jurisdiction in the

matter of the alleged conspiracy, so far as it is swer to the special plea by one of the defendcharged to have been a conspiracy to murder ants, pleaded to the jurisdiction Abraham Lincoln, late President of the United of the Commission in this case, say that this States, and William H. Seward, Secretary of Commission has jurisdiction in the premises State, because he says said alleged conspiracy, to try and determine the matters in the Charge and all acts alleged to have been done in the and Specification alleged and set forth against formation and in the execution thereof, are the said defendant, in the charges and specifications alleged to J. HOLT, have been committed in the City of Washington, in which city are loyal civil courts, in full operation, in which all said offenses charged are triable.

And the said

for further plea, says this Court has no jurisdiction in the matter of the crime of murdering Abraham Lincoln, late President of the United Statee, and William H. Seward, Secretary of State, because he says said crimes and acts done in execution thereof are in the charges and specifications alleged to have been committed in the City of Washington, in which city are loyal civil courts, in full operation, in which said crimes are triable.

Signed on behalf of the accused by counsel. The Judge Advocate then presented the following replication:

Now come the United States, and for an

Judge Advocate General

The Court was then cleared for deliberation, and on being re-opened, the Judge Advocate announced that the pleas of the accused had been overruled by the Commission.

The accused then severally made application for severance as follows:

one of the accused, asks that he be tried separate from those who are charged jointly with him, for the reason that he believes his defense will be greatly prejudiced by a joint trial.

Signed by counsel on behalf of accused. The Commission overruled the application for a severance.

The accused then severally pleaded:

To the Specification............" Not Guilty."
To the Charge.................." Not Guilty."

TESTIMONY

RELATING TO THE GENERAL CONSPIRACY.

RICHARD MONTGOMERY.

He said he was in favor of the proposition, but had determined to defer his answer until Witness for the Prosecution.-May 12, 1865. he had consulted with his Government at I visited Canada in the summer of 1864, Richmond, and he was then only waiting and, excepting the time I have been going their approval. He added that he thought backward and forward, have remained there it would be a blessing to the people, both until about two weeks ago. I know George North and South, to have these men killed. N. Sanders, Jacob Thompson, Clement C. I have seen Lewis Payne, the prisoner at Clay, Professor Holcomb, Beverly Tucker, the bar, in Canada. I saw him at the Falls W. C. Cleary, and Harrington. I have fre- in the summer of 1864. I saw him again, quently met these persons, since the summer and had some words with him, at the Queen's of 1864, at Niagara Falls, at Toronto, St. Hotel in Toronto. I had had an interview Catherines, and at Montreal. Thompson with Mr. Thompson, and on leaving the room. passed by several other names, one of which was Carson. Clay passed by the name of Hope, also Tracy, and another was T. E. Lacy.

I met this man Payne in the passage way, talking with Mr. Clement C. Clay. Mr. Clay stopped me, and held my hand, finishing his conversation with Payne in an undertone, In a conversation I had with Jacob and when he left me for a moment he said, Thompson, in the summer of 1864, he said "Wait for me; I will return." He then he had his friends (Confederates) all over the went and spoke to some other gentleman Northern States, who were ready and willing who was entering Mr. Thompson's door, and to go any lengths to serve the cause of the then came back and bade me good-by, askSouth; and he added that he could at any ing where he could see me in half an hour. time have the tyrant Lincoln, and any other I told him, and made an appointment to of his advisers that he chose, put out of his meet him. While Mr. Clay was away, I way; he would have but to point out the spoke to this man Payne, and asked him man that he considered in his way, and his who he was. I commenced talking about friends, as he termed them, would put him some of the topics usually spoken of in conout of it, and not let him know any thing about it if necessary; and that they would not consider it a crime when done for the cause of the Confederacy.

versation among these men. He rather hesitated about telling me who he was. He said, "O, I am a Canadian;" by which I understood that I was not to question him further. Shortly after Mr. Thompson told me what In about half an hour afterward I asked Mr. he was able to do, I repeated the conversa- Clay who this man Payne was, and he said, tion to Mr. Clay, who said, "That is so; we" What did he say?" I told him that he said are all devoted to our cause, and ready to go any lengths-to do any thing under the sun to serve our cause."

he was a Canadian. Mr. Clay laughed and said, "That is so; he is a Canadian; and," he added, we trust him.”

The term "Canadian" was a common expression among the Confederates there, and was applied to those who were in the habit of visiting the States; and I understood from Mr. Clay's laugh that their intercourse was

In January of this year, I saw Jacob Thompson in Montreal several times, in one of these conversations he said a proposition had been made to him to rid the world of the tyrant Lincoln, Stanton, Grant, and some others. The men who had made the propo- of a confidential nature. sition, he said, he knew were bold, daring I have been in Canada since the assas men, and able to execute any thing they sination. A few days after, I met Beverly would undertake, without regard to the cost. Tucker at Montreal.

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He said a great deal