EDWARD MURPHY.
For the Defense.-May 25.
By M. Cox.

I

Henderson, who wanted to see a lady friend of his that night, and the whole party staid on that account. I remember Mr. Grillet joined us on the steps of the Rullman Hotel on Thursday night.

Recalled for the Defense.-May 25.

By MR. COX..

I saw O'Laughlin in Baltimore on the Sunday after the assassination, and he told me that the officers were in search of him, and that lie was going to surrender himself on the Monday following.

JAMES B. HENDERSON

Recalled for the Defense.-June 12.
By MR. COX.

I reside in Baltimore. On the 13th of April last, in company with James B. Henderson, who proposed the trip, Michael O'Laughlin, and Barney Early, I came to Washington. We arrived here about 5 in the afternoon. From the depot we went to Rullman's, had a drink or two, and started for the Metropolitan. We went to several places; took supper at Welch's, somewhere about 8 o'clock. We were there about half an hour, and then came down to Rullman's again. There we met, I think, John Loughran, and took a walk up the street to see the illumination of the Treasury, and stopped on the corner of Ninth Street and the avenue. After standing debating there some time, we I am an Ensign in the United States Navy. went to the Canterbury Music Hall, staid have been acquainted with the prisoner, there some time, walked down to the Metro- Michael O'Laughlin, for about six years. I politan Hotel, and then came back to Rull- proposed to him that we should come to man's. It was about a quarter to 10 when Washington on Thursday, the 13th of April, we got into Rullman's. O'Laughlin was and we left Baltimore at 3:30 on that afterwith us all the time. Then we went up to noon, arriving in this city between 5 and 6, Platz's and back again. That brought us I judge. On our arrival, we came up the to about half-past 11 or 12. We then started avenue, and stopped at the Lichau House, down to Riddle's, on the corner of B and or Rullman's Hotel. I went into the barber's Second Street, where we staid until half-past shop adjoining to get shaved, and O'Laugh12 or 1; from there we went to Dubant's, on lin went up the street in the mean time, but the corner of Sixth and the avenue, where he returned before I had finished shaving, we took a hack, and went to the corner of and, with the exception of that, he was not Tenth and the avenue. There is an all-out of my company the whole evening until night house there, and we went in and got bedtime. I went up the avenue to look at some refreshments. I suppose it was about the illumination. We did not go up as far half-past 1 when we were there. It was as Ninth Street. We stopped at the corner about 2 o'clock when we got to the Metro- of Seventh, and then went back to the Canpolitan and registered our names. Before terbury Music Hall. We reached there going to bed, we went across the street to about 9 o'clock; after staying there perhaps Gilson's and got a drink. It made it about three-quarters of an hour, we returned to half-past 2 when we got to bed. Michael Rullman's Hotel. We got there between 10 O'Laughlin was with us all the time from and 11, and staid about half an hour there. leaving the cars until we all went to bed, I retired for the night, at the Metropolitan except that when we first came down, while Hotel, at between 1 and 2 o'clock in the Henderson was being shaved. O'Laughlin morning. and Early left us for about five minutes and The avenue was very much crowded. It went as far as the National Hotel. They was almost impossible for a person to get were back before Henderson was shaved; along, and we did not go further west than a were not gone more than five or six minutes. little beyond Seventh Street, on Thursday I think I know where the house of Mr. Stanton, the Secretary of War, is, and O'Laughlin was no nearer to it that night than the corner of Ninth and the avenue.

evening; O'Laughlin was not any where in the neighborbood of Franklin Square-Mr. Stanton's; he was with me all the time, except when I was being shaved. I do not know I was with him all day Friday and up to certainly whether he slept at the Metropolitan 8 o'clock that night, when I went to the that night; I saw him in his room, and was Metropolitan Hotel, and did not see him there the next morning when they called him. again until Saturday morning. On Saturday On the Friday afternoon he left me in comI was with him from 9 o'clock in the morn-pany with Mr. Early, I think, but I met him ing till we went to the depot to go to Balti- again in the evening at Rullman's Hotel. He more. I did not know of the assassination was there with me until 10 o'clock I should till 9 o'clock Saturday morning. I never think, and then he went out with a man saw O'Laughlin in better spirits in my life named Fuller. He was there when the than he was during this trip. When we news of the President's assassination came, started from Baltimore, it was our intention Our party had arranged to return to Baltito go up on Friday afternoon, but we staid more on Friday morning, but I proposed to in Washington at the solicitation of Mr. them to stay until Friday evening

Cross-examined by the JUDGE Advocate.

I do not know the name of the street on which Mr. Stanton resides, but I have been

home to supper. O'Laughlin and Murphy Henderson and Early in front of Adams' Excame to my boarding-house, and we met shown the house. It was impossible for Press Office, on Pennsylvania Avenue; that was about 8 o'clock. After we joined them, O'Laughlin to have been there on the evening of Thursday, the 13th of April, for I was there to Rullman's Hotel. From Rullman's we went into Platz's Restaurant, and from with him the whole evening. There was a good deal of free drinking that night by our Avenue and Ninth; it was about 9 o'clock we went up to the corner of Pennsylvania party, and it was continued until a late then, for I looked at my watch. We then hour. It would be impossible for me to say

or absence.

10; perhaps a little earlier or later. Michael man's, reaching there probably at half-past O'Laughlin was with me from the time we joined Henderson and Early until we went down to Rullman's Hotel.

I do not know where Mr. Stanton's house

how many drinks we had; I should think went into the Canterbury, staid there until not more than ten. They were mostly taken 10 or perhaps half-past; from there we went at hotels and restaurants on the avenue. One to the Metropolitan Hotel, and then to Rullof the party was drunk-Mr. Early-but the others were sober enough, I think, to be conscious of each other's movements, or presence, O'Laughlin left me but for a short time on our arrival in Washington, while I got shaved, and told me he had been to see Booth. That was between 5 and 6 o'clock. I knew of his going to see Booth the next morning at the National Hotel, and I went there to call for him, but found he had left. On going back to Rullman's, I found he was there, and he said he had been to the National Hotel, but Booth was out. I do not know of any other attempt on his part to see Booth, nor do I know his object in seeking

that interview.

By MR. COX.

O'Laughlin did not say any thing to me about Booth owing him money, and that he wanted to get some from him. He only told me that he had been to see him; he did not say whether he had seen him or not; and on Friday he said that e had been to see him,

and he was not a nome.

By the JUDGE ADVOCATE.

is, but I know where Franklin Square is,
and I know that O'Laughlin could not have
been up there during that time. Mr. Grillet
joined us at Rullman's at about half-past 10,
O'Laughlin was there all that time.
and I was with them until after 12 o'clock.

I saw them the next evening, I judge, be tween 7 and 8, at Rullman's Hotel; I was know that they went to Welcker's; I heard there until perhaps half-past 9. I do not them speaking about going to supper, but where they went I do not know, nor do I know whether O'Laughlin went to supper. I did not miss him from the time I went

there until about half-past 9, when I went home, and saw him no more that night. O'Laughlin wore a plaid vest and pants; the pants he wears now look like the ones. think he had on a black slouch hat.

By the COURT.

I

We occupied different seats at the Canter

By MR, COX.

I had no particular reason for not return-bury play-house; two of us sat on one seat, ing to Baltimore on Friday; I wanted to stay them there all the time, and we all left toand the other two sat right behind. I saw a little while myself, and asked the others to stay. O'Laughlin himself had not spoken gether. of staying over. It was on the Wednesday that we arranged to come to Washington on O'Laughlin seemed very lively. The re the Thursday; I proposed that we should all mark was made that they had come down come down on that day. I do not remem- from Baltimore to see the illumination and ber that O'Laughlin made any suggestions have a good time. I do not think he was inabout it; I think I asked him to come down. toxicated on Thursday evening; he was lively I had been on terms of intimate association and merry, but I can not say he was tight with him for only about a week previous to or drunk. that.

DANIEL LOUGHRAN.

For the Defense.—May 25.

By MR. COX.

GEORGE GRILLET.

For the Defense.-May 25.
By MR. COX.

I reside in Washington, and am solicitor I reside in this city. I have known the for the New York Cracker Bakery, 96 Louisaccused, Michael O'Laughlin, for eighteen or iana Avenue. I have known the accused, twenty months. On Thursday evening, the Michael O'Laughlin, one or two years 13th of April, at about a quarter past 7, I saw him on the steps of Rullman's Hotel, saw him in front of Rullman's Hotel, on between 10 and half-past 10, on the night of Pennsylvania Avenue, in company with Lieu- Thursday, the 13th of April, and he bowed tenant Henderson, Edward Murphy, and Ber- to me. Lieutenant Henderson and Edward nard Early. I did not join them then; I went Murphy were with him, and Henry Purdy,

JOHN H. FULLER.
For the Defense.-May 25
By MR. Cox.

the superintendent of the house, was on the porch, I believe. After I had escorted home the lady that was with me, I returned to the house and joined the party, and did not leave them until between 12 and 1 o'clock. I saw Laughlin the next morning, and then not have known the accused, Michael O'LaughI am engaged in business in this city. I until 8 o'clock at night; I staid with them until between 11 and 12. I was at the Lichau in, for twelve or fourteen years. On Friday, House or Rullman's Hotel when I heard the 14th of April, I saw him at Rullman's the news of the President's assassination. on the avenue between 7 and 8 o'clock, and O'Laughlin was there at the time. I did not again between 10 and 11. He and I were notice how he behaved when he heard of the assassination was brought in, and we left both there when the news of the President's assassination. He left shortly after the news came that the President was killed; he and there together to go to the Franklin House, a man named Fuller left together. On that with me, and got up about 8 o'clock next where I was stopping. He staid all night evening I know he had on a Scotch plaid vest and pants; I can not swear positively to the morning, and went with me to New Jersey coat, but he had a habit of wearing a sack Avenue, and then to the Lichau House, and there I parted with him; he joining his other friends there. When he heard of the President's assassination, he did not show any fright, nor did he say any thing about Booth; he said he was sorry for it; that it was an awful thing.

coat.

HENRY E. PURDY.

For the Defense.—May 25.
By MR. COX.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BINGHAM.

By MR. Cox.

I am superintendent of Rullman's Hotel in this city. I saw the accused, Michael O'Laughlin, at about half-past 10 on the but I invited him to go with me that night; O'Laughlin was stopping at another hotel, night of Thursday, the 13th of April, with he used to go down there with me at times George Grillet, Loughran, Murphy, and Early; to stay. I do not know where he stopped on I do not know where they came from. I was Thursday night. principally in the kitchen and the diningroom, and walking around; in the bar only occasionally. Whenever I was in the bar they were there, until a few minutes after 12 o'clock, when I closed up, and they went out at the side door. I am confident that O'Laughlin was with them when they came there at about half past 10; I have known him about three months. I saw them again on Friday at the same place.

brother was in business here.
He used to reside in Washington; his

JOHN R. GILES.

For the Defense.-June 3.
By MR. COX.

I was standing in front of the door when I am bar-tender at No. 456 PennsylvaI heard of the assassination, and I went in nia Avenue, late Rullman's Hotel. I have and told them what I had just heard from known the accused, Michael O'Laughlin, & cavalry sergeant; that the President had personally, about four months. He was at been assassinated, and that Booth was the our place on the evening of Thursday, the one who had done it. They were all standing together drinking. O'Laughlin was right at the end of the bar, and he was the one I first spoke to when I went in.

13th of April, with Barney Early, Murphy, Lieutenant Henderson, Purdy, and several others. He was there early in the evening, and again about 10 o'clock, and staid till When I went in he seemed surprised, and after 11. I joined them when they went out, said he had been in Booth's company very and was with them until 1 o'clock. They often, and people might think he had some were there again on Friday evening, nearly thing to do with it. I do not remember when all the evening. The news of the assassinahe individually left that night, but it was after tion came in, I think, between half-past 9 12 when the whole party was gone. He has and 10; and O'Laughlin was there at that staid at my house when he has come down to time. He afterward went out with Mr. Fulthe city.

By the COURT.

ler. The Lichau House is on Louisiana Avenue, between Four-and-a-half and Sixth Streets, and the Canterbury Music Hall is next door.

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

Sometimes he would come down pretty often in a week, and sometimes I would not see him for two weeks. On the Thursday night he had dark clothes on; he generally wore dark clothes. I did not take particular It might have been after 10 o'clock that notice of his dress, and can not say whether the news of the President's assassination it was the same as that he now wears. was brought in-I can not say exactly.

O'Laughlin was at our house on Friday stated yesterday, in regard to a similar quesevening from 7 or 8 o'clock till 11. He was tion, in which he had been sustained by the out on the pavement, and in and out drink- Court, that if such a rule as that were ing, but was not away from the house.

P. H. MAULSBY.

For the Defense.—May 26.
By MR. COX.

adopted and acted upon by courts, all that a guilty man would have to do, after he had committed a great crime, would be to pour his statements into the ears of all honest people that he met up to the time of his ar rest, and then prove those statements on his trial. The law says that he shall not do any

count.

Mr. Cox stated that he desired to prove

I am a clerk with Eaton Bros. & Co., of Baltimore, and am brother-in-law to the such thing, and I object to it on that acaccused, Michael O'Laughlin. O'Laughlin, I believe, came from the South to Baltimore in August, 1862. He came home somewhat by this witness, that the prisoner, Michael sick. He then went with his brother, who 'Laughlin, was informed that the officers was in the produce and feed business, and had been in pursuit of him; that he inremained with him until the fall of 1863. formed the witness that he had an engageHis brother then sold the business, but ment on Saturday night, but would commuMichael O'Laughlin remained here and re- nicate with him the next day; that on Monceived orders, which his brother supplied day he did send for him to come to him, and from Baltimore. O'Laughlin was here off authorized him to procure an officer, and and on from that period up to the 14th of put himself in his custody, declaring all the time his entire innocence of any complicity with this affair.

March.

I knew J. Wilkes Booth intimately. Mrs. Booth owns the property in which the O'Laughlin family resides, and Mrs. Booth lived opposite for four years. The boys, Michael and William, were schoolmates of J. Wilkes Booth. To my knowledge, their intimacy has continued for twelve years.

The JUDGE ADVOCATE said the witness

should be instructed that he is not to give the declarations of the prisoner, but simply his acts, in evidence.

Q. You say you informed him on Saturday afternoon that the officers had been in search of him?

A. I did.

Q. Did he protest his innocence ?

Assistant Judge Advocate BINGHAM objected to the question. There was no authority in the world for such a question as that; it was a burlesque upon judicial proceedings.

After leaving Washington, the home of Michael O'Laughlin was with me, at 57 North Exeter Street. From the 18th of March to the 13th of April he was with me, and from the 30th of March to the 12th of April, I can speak positively as to his being with me at Baltimore. I know he was at home on the 7th of March, and remained at home some days. I know of his being Mr. Cox insisted on the question. If a sent to Washington by his brother on the party flees and avoids arrest, it would cer 13th of March, and on the 14th his brother tainly be receivable for the prosecution; but telegraphed him here respecting a car-load if he candidly comes forward and says, "I of hay. am not guilty, and I offer myself for investigation and trial," it should equally be receivable for the defense.

LA telegraphic dispatch relating to the hay was read and put in evidence.]

The JUDGE ADVOCATE stated that that was not the rule of law. The Government could give the declarations of the accused in evidence, but it did not follow from that that the prisoner could.

He returned to Baltimore on the following Saturday, and from that time he remained at home till he came to Washington on the 13th of April. In February, I could not state positively as to his being at home. He was at home on the 7th and on the 14th, Mr. Cox replied that where it was a part and my impression is that he was then home of his conduct, he could. He could not for a couple of weeks. prove his innocence by declaring himself so, but where it was a part of his conduct it was receivable upon the question of how far he was conscious of guilt.

Q. At what time did he arrive at home after the assassination?

A. He came up on Saturday evening; I saw him about 7 o'clock.

Q. Had the officers been to the house then in search of him?

The Commission sustained the objection. WITNESS. On Monday morning Michael O'Laughlin authorized me to procure an officer, and voluntarily surrendered himself. I have known O'Laughlin for about twelve years.

Q State his disposition and character; whether he is violent and bad-hearted, on the contrary, amiable, mild-tempered, ete

A. As a boy, he was always a very timid boy. From my observation of twelve years,

he believes him capable of being engaged in any thing of this sort.

I believe him to be the last one who would tion of the Court, whether the accused, with have any thingthat consciousness of innocence which would Assistant Judge Advocate BURNETT. What govern a man who was innocent, did really you believe is not evidence. act in accordance with that consciousness, Mr. Cox. I meant to ask the witness by voluntarily submitting himself to the whether, from his knowledge of the accused, officers of justice, professing his willingness to submit to ap investigation. If the flight, which the prosecution have attempted to prove, was evidence of guilt, certainly it was competent for the defendant to meet that evidence by proof, on the contrary, that there was no flight, no evasion, but a voluntary submission to the officers of the law, with a view of having the merits of the case fairly tried.

Assistant Judge Advocate BINGHAM. I object to his swearing to conclusions. He can state the general character of the accused, but he can not swear to conclusions. This is a matter exclusively for the Court. WITNESS. I was merely about to speak of his capability, judging from my observation of his disposition.

Assistant Judge Advocate BINGHAM. You can state his disposition.

Q State what his disposition is as to amiability, peacefulness, etc.

A. I have always regarded him as an amiable boy.

The JUDGE ADVOCATE said that the witness might be asked if he did it himself, or if he did it by the prisoner's authority.

Q. State whether you surrendered the accused into the custody of an officer by the authority of the accused himself. A. I did, sir, most certainly.

Q Was he violent on political questions? On Saturday evening, at 7 o'clock, I met A. I never recollect having seen him in a Mr. O'Laughlin and Mr. Early together, just passion in my life. On political questions as they returned from Washington. On be has never been violent. I have never Sunday morning Mr Wallace and other heard him express any opinion, except in a officers came to our house in search of very moderate way, on the issues of the times.

Q There has been some testimony by Mr. Wallace about his arrest of the accused. I would like you to state the facts in regard to that alleged arrest, and what Mr. Wallace had to do with it. In the first place, I will inquire whether Michael had authorized you to go for an officer?

Assistant Judge Advocate BINGHAM. I object to.

That

Mr. Cox. Then I will ask the witness whether he went for an officer, and whom he procured.

A. The facts in the case are simply these: When I met Michael I suggested to himAssistant Judge Advocate BINGHAM. You need not state any thing that you said to Michael.

Q State what you did after leaving him on Monday morning.

A. On Monday morning he sent for me and said

Assistant Judge Advocate BINGHAM. You need not state what he said.

Q What did you do in consequence of what he said to you?

O'Laughlin. I believe officers had been there on Saturday, though I had not seen them. On Monday I was sent for by Michael. I went for a hack, and called for Mr. Wallace, who was not then aware of O'Laughlin's whereabouts. I went into the house, Mr. Wallace remaining in the hack, and Michael came out, and I introduced him to Mr. Wallace and Mr. James S. Allison. There was nothing, I believe, said from that time till we reached the Marshal's office.

Q. I ask you to state, further, whether he offered to inform you where he could be found that night, if wanted.

Assistant Judge Advocate BINGHAM objected to the question, and the Commission sustained the objection.

Q. Did you know Booth intimately?
A. Yes, sir.

Q. State whether he was a man of pleasing address.

Assistant Judge Advocate BINGHAM. I object to all that.

Mr. Cox. What I desire to show to the Court, and what all the counsel desire, is to have some evidence as to the character of this man, John Wilkes Booth. There is Assistant Judge Advocate BINGHAM ob- nothing in the case yet to reflect any light jected. The question assumes that the ac- at all on that question. If any of these accused told the witness something, and the cused should be found guilty of association witness was asked to swear that, in conse- with him in this serious crime, Booth's inquence of what the accused told him, he did fluence upon them, whatever it may have something else. The counsel had no right been, would not affect the question of their to assume any thing here as proof that was innocence, but it is a consideration, which not proof; and more especially had he no right to assume as proved what was incapable of being proved the declarations of his client.

Mr. Cox replied that the whole object of the inquiry was to ascertain, for the satisfac

goes in mitigation of their guilt, that Booth was a man who naturally acquired a great ascendency over young men with whom he associated, and could warp them from the right by means of his control over them. My desire is to introduce some evidence on