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SAMUEL STREETT.

For the Prosecution.-May 15.

there were four of us in company. Mr. Ar nold was not, to my knowledge, on the cars. When we arrived in this city, O'Laughlin asked me to walk with him as far as the National Hotel. He did not take a room there, I do not know that he made inquiries for Booth at the desk, nor did I see him associ ating with Booth. We stopped that night at the Metropolitan Hotel. On Friday I was with O'Laughlin the greater part of the day. When we got up, we went down and took breakfast at Welch's (Welcker's) on the ave nue. After that, all four of us came up the avenue in company. When passing the National Hotel, about 9 o'clock, I think, I stopped to go back to the water-closet. When I came out, Mr. Henderson, one of the company, was sitting down. As I was going out, he called me back, and told me to wait for O'Laughlin, who was gone up stairs to see Booth. We waited, I judge, about three

I have known the prisoner, Michael O'-quarters of an hour, but as he did not come Laughlin, from his youth. About the 1st of down, we went out without him. In about April last, I saw him in this city, conversing an hour after that, when we were at a res with John Wilkes Booth. They were con-taurant on the avenue, between Third and ferring together in a confidential manner on Four-and-a-half Streets, O'Laughlin came in. the stoop of a house, on the right-hand side O'Laughlin, Henderson, and myself had of the avenue going toward the Treasury supper at Welch's, and the last time I saw Department; I do not know what house it O'Laughlin that night was at a restaurant,

was.

There were three of them in company; going out with Mr. Fuller. It was pretty Booth appeared to be the speaker of the late, but whether it was before or after the O'Laughlin party, and the third person was an attentive assassination I can not say. We had been listener. I addressed O'Laughlin first, having had been there for supper. known him more familiarly than I did Booth. drinking considerably. The name of the O'Laughlin called me to one side, and told present proprietor of the restaurant, I believe, me that Booth was busily engaged with his is Lichau. I think, though I would not be friend, or was talking privately. They were certain, that O'Laughlin remained there until conversing in a low tone. The third party, However, I distinctly as near as I remember, had curly hair; he remember seeing him go out in company had on a slouch hat, and seemed to be in a with Mr. Fuller. Mr. Fuller used to be stooping position, as though talking to Booth employed by O'Laughlin's brother in this in a low tone, or attentively listening to city. Booth's conversation. [Looking at the prisoners.] I can not swear that the man is

here.

Cross-examined by MR. Cox.

after the assassination.

O'Laughlin returned to Baltimore with me next day, Saturday, by the 3 or half-past 3 o'clock afternoon train. After we arrived in Baltimore, on going down to his house, we met his brother-in-law on the way. He The house at which I saw Booth and told Mr. O'Laughlin that there had bee O'Laughlin conversing was, I believe, on the parties there that morning looking for him, avenue between Ninth and Eleventh Streets; O'Laughlin went into the house, and asked I am not certain about the date, but I think me if I would remain there for awhile; after it was nigh on to April. When O'Laughlin that he invited me to come in. I went i made the remark that Booth was engaged and sat in the parlor, while he went up stars with his friend, it is likely that I asked to see his mother; he remained a few min O'Laughlin to propose to Mr. Booth to take a drink, and O'Laughlin's remark, that Booth was engaged with a friend, might have been in reply to my invitation.

BERNARD T. EARLY.

For the Prosecution.-May 15.

I am acquainted with the prisoner, O'Laughlin, and slightly with Mr. Arnold. I came down to this city from Baltimore on the Thursday before the assassination-the night of the illumination-with Mr. O'Laughlin;

utes, and then came down and said he was not going to stay home that night. I can say that he appeared to manifest any excite ment, except when he heard that there wer parties after him because of his known int macy with Booth, having been acquainta with him, and in the habit of going with him and from being supposed to be connecte with him in the oil business

Cross-examined by MR. Cox.

I came down to Washington with M Henderson, who is, I believe, a Lieutenant

the United States navy, Edward Murphy, we had aboard that kept us. We did start O'Laughlin, and myself. I was invited down to return by the 11 o clock Saturday morning by Mr. Henderson. He came to the store train. We went as far as the depot, and Mr. after me that afternoon, and asked me to Henderson got the tickets. O'Laughlin come down, with the intention of having a wanted to go, and I said to Mr. Henderson, good time, and to see the illumination. I "If you press Mike, he will stay until the heard Mr. Murphy say that he invited them. afternoon.' So we all concluded to stay Mr. O'Laughlin came to the store with Mr. until the next train, at 3 o'clock in the afterHenderson, and Henderson invited me to go noon. along with them. We slept at the Metropolitan Hotel on Thursday night. Hender son, Smith, and myself slept together in a three-bedded room, and O'Laughlin, whose name came last as we signed our names, Assistant Judge Advocate BINGHAM objecthad a room to himself. It was on the same ing to the question, it was varied as folfloor as that on which we slept, and the second or third door from our room. It was about 2 o'clock on Friday morning when we went to bed. In the morning I rapped at O'Laughlin's door; I peeped in at the key hole, and saw that he was in the room and asleep, and I woke him up.

Q. During this visit did you see any thing in Mr. O'Laughlin that betrayed a knowledge of any thing desperate which was to take place?

lows:

Q. During this visit, state what his conduct

was.

A. His conduct was the same as I usually saw him-jovial and jolly as any of the rest of the crowd.

Q. In good spirits?

I do not know for what purpose O'Laugh- A. Yes, sir; he was particularly so coming lin called to see Booth. After waiting, I sup-down in the cars with us that Thursday evenpose, three-quarters of an hour at the National ing. Hotel, during which time we had some cards

Q. No nervousness?

the death of his mother. I told O'Laughlin that I thought it best for him to stay at home until the parties who were looking for him came again; but he said no, it would be the death of his mother if he was taken in the house.

Re-examined by the JUDGE ADVOCATE.

written by a card-writer, we sent up some A. No, sir. cards to Mr. Booth's room for O'Laughlin, When O'Laughlin got to Baltimore and that he might take it as a hint, and come went to his house, he went up stairs, I sup down, for we were tired of waiting. The pose, to see his mother. On returning he said cards were returned with the message that he would not stay at home that night. The there was nobody in the room. We left the remark he made was, that he would not like cards with the clerk at the desk. O'Laugh- to be arrested in the house; that it would be Hn took a stroll round the city with us, and then four of us had dinner at Welch's; I do not know the hour; it was between 12 and 2. After dinner we took another stroll. Whether O'Laughlin was with me or not I can not ay. We had been drinking pretty freely, all of us. Between 4 and 5 O'Laughlin went with me to a friend's house to pay a visit to a lady. I was not well acquainted with the streets, and I asked him to go with me to find the place. The lady invited us to dinner. She took our hats, and we had to stay. We had a second dinner there, and left, I suppose, about 6 o'clock. We returned together to the Lichau House, and were found there by Murphy and Henderson. We staid there until about 7 or 8, and then went to Welch's and had supper. We were there when the procession of the Navy Yard men passed up the avenue. That was perhaps between 8 and 9 o'clock. After that I went back to the Lichau House, and sat there until I went to bed. O'Laughlin was there the I am acquainted with the prisoner, Mr. best part of the evening. I was there when O'Laughlin. I saw him in this city on I heard of the assassination. It was, I be- Thursday and Friday, the 13th and 14th of lieve, about 10 o'clock when I saw O'Laugh- April. I do not know whether he visited J. in go out with Mr. Fuller, but I could not Wilkes Booth on either of those days, but he say whether I saw him there when the news told me on Friday that he was to see him came or not. Mr. Henderson was in the bar- that morning. oom, I believe, but Mr. Murphy had left us on the avenue previous to that.

We, all four of us, returned to the Metropolitan Hotel between 1 and 2 o'clock, I suppose, when we went to bed; that is, on Friday morning. After having supper on the Thursday evening, we went to see the illumination, and walked a considerable distance up the avenue. After returning, we went, at the invitation of Mr. Henderson, to the Canterbury Music Hall. O'Laughlin was not separated from us during that night.

JAMES B. HENDERSON.
For the Prosecution.-May 15.

Cross-examined by Mr. Cox.

When we came down on Thursday, it was He only told me he was to see Booth, but ur intention to go back on Friday; at least did not say what for. I can not tell exactly whether he said he had an engagement

understood so. I guess it was the liquor

DAVID STANTON.

For the Prosecution.-May 16.

beard that he has now; I see no change, with the exception of that caused by the want of shaving.

MAJOR KILBURN KNOX.

For the Prosecution-May 16.

I have seen that man with the black moustache before, [pointing to the accused, Michael O'Laughlin.] I saw him on the 13th of April, the night before the assassination, at the house of the Secretary of War. I was at the house of the Secretary of I saw him pass in the door, and take a po War, in this city, on the evening of the 13th sition on one side of the hall. I asked him of April last, and saw there a man whom I what his business was, and he asked me recognize among the prisoners. There he is, where the Secretary was, and I told him he [pointing to the accused, Michael O'Laughwas standing on the steps. He said nothing lin.] I left the War Department at 10 further, but remained there some minutes, o'clock, after the illumination there was until finally I requested him to go out. He over, and walked up to the Secretary's house. followed me out as far as the gate on the There was a band playing at the house, and left-hand side of the house, and that was on the steps were General Grant, Mrs. Grant, the last I saw of him. He did not ask for the Secretary, General Barnes and his wife, any one else besides the Secretary, nor did Mr. Knapp and his wife, Miss Lucy Stanhe explain why he was there. At first I ton, and two or three small children. I was supposed he was intoxicated, but I found standing on the upper steps, talking to Mrs. out, after having some conversation with Grant and the General. Some fireworks him, that he was not. were being set off in the square opposite, General Grant was in the parlor. He and I stepped down a little to allow the and the Secretary were being serenaded. children to see them. I got down on the O'Laughlin could see General Grant from step, I think, next to the last one, leaning his position. He did not inquire for any against the railing, and this man [O'Laughone but the Secretary, and after I pointed lin] came up to me, after I had been there him out he did not go to him, and did not ten minutes probably, and said, "Is Stanton tell me what his business was. I did not in?" Said I, "I suppose you mean the see him go away from the house; there was Secretary?" He said, "Yes." I think he such a crowd there. That was, I presume, made the remark, "I am a lawyer in town; about half-past 10 o'clock. I know him very well.' I was under the impression he was under the influence of liquor. I told him I did not think he could That was the first time I ever saw this see him then, and he walked to the other man, and I did not see him again until I side of the steps, and stood there probably saw him on the Monitor as a prisoner, on five minutes. I still staid there, I suppose, the day on which Booth's body was taken for about five minutes, and he walked over away from the vessel. I can not be sure as to me and said, "Is Mr. Stanton in?" and to the exact time when I first saw the man; then said, "Excuse me, I thought you were the fireworks commenced at about 9 o'clock, the officer on duty here." Said I, "There is and lasted about an hour and a half, and it no officer on duty here." He then walked was after they were over. He was dressed on to the other side of the steps, and walked in a suit of black; dress-coat, vest and inside of the hall, the alcove, and stood on pants, and his hat, which was a black slouch the inside step. I saw him standing there hat, I think, he had in his hand. The and I walked over to Mr. David Stanton hall was very well lit up; the parlor, where General Grant was sitting, was also lit up, and I was directly in front of him then I addressed him.

Cross-examined by MR. Cox.

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and said, "Do you know that man?" H said he did not. I said to him, "He says hi knows the Secretary very well, but he i under the influence of liquor, and you ha better bring him out." Mr. David Stanton walked up to him, talked to him a few me ments, and then took him down the steps He went off, and I did not notice him again He did not say any thing about Genera Grant. By that time, I think, the Geners had gone into the parlor.

He was inside of the door, about ten feet, standing next to the library door. He was about five feet four inches in hight. When I saw him on the Monitor he stood up, but I had an indistinct view of him there, as it was dark. I thought the man was intoxicated, from the way he came into the house. I inquired, before I went to him, of differ- I think the Secretary stood on the step ent members of the family, if they knew outside, and this man stood behind the Sec him. Finding they did not know him, I retary, and from where he stood he coul addressed him, and requested him to go out, see into the parlor. On the left-hand sid which he did, going after me. There were of the hall, going in, is the library; on th a good many people about. The Secretary other side is the parlor door. He stood o of War and Major Knox were on the door- the side next to the library, and in that pos steps, and this man had got behind them. tion he could have looked into the parlo He had, I think, the same moustache and and seen who was in there, through the doo

The whole house was lighted up, and I feel the Secretary's room. To my knowledge I pretty certain that the prisoner, O'Laughlin, had never seen the man before that evening. is the man I saw.

Cross-examined by MR. Cox.

The next time I saw him was last Sunday week, in prison, in this building. I came down here with Major Eckert and Major Knox. I did not know what I was coming for; but when I was inside the room, and looking round, I saw that man, and I thought to myself, "I see the object of my coming down.'

I do not recollect whether it was moonlight or dark that evening. There was a great crowd round the Secretary's house, and close up to the steps. I did not notice the man until he walked up on the steps and spoke to me, and after he went out again I The first time I saw him it was very light, saw him no more. I did not go inside the and he had on a dark suit of clothes, with a hall while he was there. Secretary Stanton heavy moustache, black, and an imperial, was on the left-hand side of the steps, talk-and the way I took so much notice of him ing to Mrs. Grant, and the man went up on was, while I was speaking to him he was the right-hand side past them, and went in standing a little lower down, and I was and took a place on the left-hand side. He looking right in his face. had on a black slouch hat, a black frockcoat, and black pants; as to his vest I can not say. That was while the fireworks were going on. I had never seen the man before. I have seen him once since in this prison; I came here a week ago last Sunday for the purpose of identifying him.

MR. JOHN C. HATTER.
For the Prosecution.—May 16.

He wore a dark slouch hat, a little low, and dark dress-coat and dark pantaloons. I should judge him to be about five feet four or five inches. There was a crowd about the house, come to serenade the Secretary; four or five bands were there. The Secretary was in the parlor with General Grant; they had not come out then; there was nobody on the steps but me. Both doors were open, the front door and another door like the front entry, and the gas was fully lit all around.

MARCUS P. NORTON.

I recognize that man, sitting back there, [pointing to the prisoner, O'Laughlin.] He is the man I saw at Secretary Stanton's house at about 9 o'clock, or after, on the For the Prosecution.-June 3. night of the illumination, the 13th of April. I was standing on the steps looking at the From about the 10th of January until illumination, and this man [O'Laughlin] about the 10th of March, I was stopping at approached me, and asked me if General the National Hotel in this city. I knew J. Grant was in. I told him he was. He said Wilkes Booth, having seen him several times he wished to see him. Said I, "This is no at the theater. I saw the prisoners, George occasion for you to see him. If you wish A. Atzerodt and Michael O'Laughlin, at the to see him, step out on the pavement, or on National Hotel prior to the inauguration of the stone where the carriage stops, and you President Lincoln, in company with Booth. can see him." That was all that occurred I saw Atzerodt twice, and O'Laughlin four between us. He did not attempt to go into or five times, I believe, in conversation with the house. When he spoke to me, he left him. the steps and walked away toward the treeCross-examined by MR. Cox. box, talking as he went, but I did not under- When I saw O'Laughlin talking with Booth stand what he was saying. He seemed to at the National Hotel, he was in the presence reflect over something, and came back; then of other people, and in the hall, but there he walked off, and I did not see him any was no one else in company with them. I more. The house was illuminated, and it heard no portion of the conversation. It was pretty light outside, too. was during the two months I was there, but I can not fix the precise date. See also testimony of

Cross-examined by MR. Cox.

I am a sergeant in the Adjutant-General's service, at the War Department, on duty at

Marcus P. Norton.........
Eaton G. Horner.............

page 177 46 234

DEFENSE OF MICHAEL O'LAUGHLIN.

BERNARD J. EARLY.

Recalled for the Defense.-May 25.
By MR. Cox.

followed him. One of the party bought tickets to go back into the ball. We did not stay there more than about an hour; we got tired of the affair and came out. We then went up the avenue, stopped at several places, and went into the Metropolitan Hotel, between 1 and 2 o'clock. We went out again for about five minutes, and returned at about the hour of 2, when we went up stairs to bed. Mr. O'Laughlin was with us all that night.

I do not know where Mr. Stanton's residence is; but I know the situation of the Treasury Building.

o'clock.

Welch's we went to Rullman's. Whether Mr. O'Laughlin went out with Mr. Fuller before or after the assassination I can not say, but I distinctly remember his going out with him.

We left Baltimore on Thursday, the 13th of April, by the half-past 3 o'clock train, and arrived here about half-past 5. After leaving the cars, we went along the avenue to a restaurant kept by Lichau, I think it is called Rullman's Hotel. We remained there but a short time. Mr. Henderson went into the barber's shop to get shaved; while he was in there, Mr. O'Laughlin asked me to walk down as far as the National Hotel with him. I did so; when there, he walked up Q. Mr. Stanton's house is six squares to the desk and inquired for some person, north of that, and one square east; I ask and told me to wait; he would detain me you if it is possible that Mr. O'Laughlin only a few minutes. I told him that I did could have been at Mr. Stanton's at 9 not like to wait; that I did not want to miss o'clock, or at any time between that and 11 the rest of the party. He said he would not detain me more than ten or fifteen Assistant Judge Advocate BINGHAM obminutes, and left me standing in the front jected to the question, and it was waived. door. He then went in, and returned again WITNESS. On Friday night, O'Laughlin in from three to five minutes. Henderson was in Rullman's Hotel from about supper had not got through with his shaving by the time until he went out with Mr. Fuller. We time we got back. We all four then walked had supper at Welch's at about 8 o'clock, up the avenue, I guess as far as Eleventh and I suppose we staid there from about Street; then returned, and went into Welch's three-quarters of an hour to an hour. From dining-saloon for supper. This saloon is over Wall & Stevens'. We left there about half-past 7, and returned to Rullman's Hotel, and proceeded from there down as far as the corner of Third Street, where O'Laughlin and Murphy left Henderson and me, saying they were going around to see Mr. Hoffman, who was sick, and who lived on B Street. They returned in ten or fifteen minutes with Mr. Daniel Loughran. All five of us then these things for him. started up the avenue to see the illumination. About Seventh Street, one of the party complained of having sore feet, and said he would not go any further. Seeing a notice On Friday evening, about 10 o'clock, I of the Canterbury Music Hall performances, suppose, we were all under the influence of we all went there, and got in about at the end liquor. We might have drank as many of the first piece. It was then getting on as ten times; it was mostly ale, though, that for 9 o'clock. We remained there till 10 Mr. O'Laughlin and myself drank. I hardly o'clock, when we proceeded to the Metropoli-ever saw him drink liquor. I was not tan Hotel, and from there down to Lichau's separated from O'Laughlin until he went out or Rullman's Hotel, reaching there about from Rullman's Hotel. That was about 10 half-past 10. O'Laughlin was with us all o'clock, or a little after. I next saw him, the time. We remained at the hotel about again on Saturday morning. Rullman's an hour, I suppose. As we were there on Hotel is between Third and Four-and-a-half the steps, Mr. Grillet passed by with a lady, Streets. and spoke to Mr. O'Laughlin. We left there with Mr. Giles, one of the men of the house, and went down as far as Second Street. believe Mr. O'Laughlin is acquainted at the saloons on the corner of B Street and Second. There was a dance or some thing going on there. He took the lead over there and we

Mr. O'Laughlin had on a dahlia coatsomething of a frock-a double-breasted vest, and pantaloons of the same material-a Scotch plaid, purple and green. I made

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

By MR. COX.

I I have very seldom, if ever, seen O'Laugh lin drink whisky. I have never seen him intoxicated but twice. I have known him slightly for about four years, and intimately for the last ten months.

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