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street, but that he did not go to 9th street. | this statement of Arnold was but another silly The other witnesses swear he went to 9th device, like that of "the oil business," which, street. He swears he went to Canterbury for the time being, he employed to hide from about nine o'clock, after going back from 7th the knowledge of his captor the fact that the street to Rullman's. Loughran swears that purpose was to murder the President. O'Laughlin was with him at the corner of the man can, for a moment, believe that any one Avenue and 9th street at nine o'clock, and of these conspirators hoped or desired, by such went from there to Canterbury, while Early a proceeding as that stated by the prisoner, to swears that O'Laughlin went up as far as 11th take the President alive in the presence of street, and returned with him and took supper thousands assembled in the theater after he had at Welcker's, about eight o'clock. If these been thus thrown upon the floor of the stage, witnesses prove an alibi, it is really against much less to carry him through the city, through each other. It is folly to pretend that they the lines of your army, and deliver him into prove facts which make it impossible that the hands of the rebels. No such purpose was O'Laughlin could have been at the house of expressed or hinted by the conspirators in CanSecretary Stanton, as three witnesses swear ada, who commissioned Booth to let these ashe was, on the evening of the 13th of April, sassinations on contract. I shall waste not a looking for General Grant. moment more in combatting such an absurdity.

Has it not, by the testimony thus reviewed, Arnold does confess that he was a conspirabeen established prima facie that in the months tor with Booth in this proposed murder: that of February, March and April, O'Laughlin Booth had a letter of introduction to Dr. Mudd; had combined, confederated, and agreed with that Booth, O'Laughlin, Atzerodt, Surratt, a John Wilkes Booth and Samuel Arnold to man with an alias, "Mosby," and another kill and murder Abraham Lincoln, William whom he does not know, and himself, were H. Seward, Andrew Johnson, and Ulysses S. parties to this conspiracy, and that Booth had Grant? Is it not established, beyond a shadow furnished them all with arms. He concludes of doubt, that Booth had so conspired with the rebel agents in Canada as early as October last: that he was in search of agents to do the work on pay, in the interests of the rebellion, and that in this speculation Arnold and O'Laughlin had joined as early as February; that then, and after, with Booth and Surratt, they were in the "oil business," which was the business of assassination by contract as a speculation? If this conspiracy on the part of O'Laughlin with Arnold is established, even prima facie, the declarations and acts of Arnold and Booth, the other conspirators, in furtherance of the common design, is evidence against O'Laughlin as well as against Arnold himself, or the other parties. The rule of law is, that the act or declaration of one conspirator, done in pursuance or furtherance of the common design, is the act or declaration of all the conspirators. 1 Wharton, 706.

this remarkable statement to Horner with the declaration that at that time, to wit, the first week of March, or four weeks before he went to Fortress Monroe, he left the conspiracy, and that Booth told him to sell his arms if he chose. This is sufficiently answered by the fact that, four weeks afterward, he wrote his letter to Booth, which was found in Booth's possessionafter the assassination, suggesting to him what to do in order to make the conspiracy a success, and by the further fact that at the very moment he uttered these declarations, part of his arms were found upon his person, and the rest not disposed of, but at his father's house.

A party to a treasonable and murderous conspiracy against the government of his country can not be held to have abandoned it because he makes such a declaration as this, when he is in the hands of the officer of the law, arrested for his crime, and especially when his declaration is in conflict with and expressly contradicted by his written acts, and unsupported by any conduct of his which becomes a citizen and a man.

The letter, therefore, of his co-conspirator, Arnold, is evidence against O'Laughlin because it is an act in the prosecution of the common conspiracy, suggesting what should be done in order to make it effective, and which sugges- If he abandoned the conspiracy, why did he tion, as has been stated, was followed out. not make known the fact to Abraham Lincoln The defense has attempted to avoid the force and his constitutional advisers that these men, of this letter by reciting the statement of armed with the weapons of assassination, were Arnold, made to Horner at the time he was daily lying in wait for their lives? To prearrested, in which he declared, among other tend that a man who thus conducts himself for things, that the purpose was to abduct Presi-weeks after the pretended abandonment, voldent Lincoln and take him South; that it was unteering advice for the successful prosecution to be done at the theater by throwing the of the conspiracy, the evidence of which is in President out of the box upon the floor of the writing, and about which there can be no misstage, when the accused was to catch him. take, has, in fact, abandoned it, is to insult the The very announcement of this testimony ex- common understanding of men. O'Laughlin cited derision that such a tragedy meant only having conspired with Arnold to do this murto take the President and carry him gently der, is, therefore, as much concluded by the away! This pigmy to catch the giant as the letter of Arnold of the 27th of March as is Arassassins hurled him to the floor from an ele- nold himself. The further testimony touching vation of twelve feet! The Court has viewed O'Laughlin, that of Streett, establishes the fact the theater, and must be satisfied that Booth, that about the 1st of April he saw him in confiin leaping from the President's box, broke his dential conversation with J. Wilkes Booth, in limb. The Court can not fail to conclude that this city, on the Avenue. Another man, whom

the witness does not know, was in conversation. | fact that Atzerodt was found in possession of O'Laughlin called Streett to one side, and told Booth's bank book!

him Booth was busily engaged with his friend

Colonel Nevins testifies that on the 12th of was talking privately to his friend. This re- April last he saw Atzerodt at the Kirkwood mark of O'Laughlin is attempted to be account- House; that Atzerodt there asked him, a ed for, but the attempt failed; his counsel tak- stranger, if he knew where Vice-President ing the pains to ask what induced O'Laughlin Johnson was, and where Mr. Johnson's room to make the remark, received the fit reply: "I was. Colonel Nevins showed him where the did not see the interior of Mr. O'Laughlin's room of the Vice-President was, and told him mind; I can not tell." It is the province of this that the Vice-President was then at dinner. Court to infer why that remark was made, and Atzerodt then looked into the dining-room, what it signified. where Vice-President Johnson was dining That John H. Surratt, George A. Atzerodt, alone. Robert R. Jones, the clerk at the KirkMary E. Surratt, David E. Herold, and Louis wood House, states that on the 14th, the day of Payne, entered into this conspiracy with the murder, two days after this, Atzerodt regBooth, is so very clear upon the testimony, that istered his name at the hotel, G. A. Atzerodt, little time need be occupied in bringing again and took No. 126, retaining the room that day, before the Court the evidence which establishes and carrying away the key. In this room, afit. By the testimony of Weichmann we find ter the assassination, were found the knife and Atzerodt in February at the house of the pris-revolver with which he intended to murder the oner, Mrs. Surratt. He inquired for her or for Vice-President. John when he came and remained over night. The testimony of all these witnesses leaves After this and before the assassination he visit- no doubt that the prisoner, George A. Atzerodt, ed there frequently, and at that house bore the entered into this conspiracy with Booth; that name of "Port Tobacco," the name by which he he expected to receive a large compensation was known in Canada among the conspirators for the service that he would render in its exethere. The same witness testifies that he met cution; that he had undertaken the assassinahim on the street, when he said he was going tion of the Vice-President for a price; that he, to visit Payne at the Herndon House, and also with Surratt and Herold, rendered the importaccompanied him, along with Herold and John ant service of depositing the arms and ammuH. Surratt, to the theater, in March, to hear nition to be used by Booth and his confederates Booth play in "The Apostate." At the Pennsylva- as a protection in their flight after the conspirnia House, one or two weeks previous to the acy had been executed; and that he was careassassination, Atzerodt made the statement to ful to have his intended victim pointed out to Lieutenant Keim, when asking for his knife which he had left in his room, a knife corresponding in size with the one exhibited in Court, "I want that; if one fails I want the other," wearing at the same time his revolver at his belt. He also stated to Greenawalt, of the Pennsylvania House, in March, that he was nearly broke, but had friends enough to give him as much money as would see him through, adding, "I am going away some of these days, but will return with as much gold as will keep me all my lifetime." Mr. Greenawalt also says that Booth had frequent interviews with Atzerodt, sometimes in the room, and at other times Booth would walk in and immediately go out, Atzerodt following.

him, and the room he occupied in the hotel, so that when he came to perform his horrid work he would know precisely where to go and whom to strike.

I take no further notice now of the preparation which this prisoner made for the successful execution of this part of the traitorous and murderous design. The question is, did he enter into this conspiracy? His language, overheard by Mr. Norton, excludes every other conclusion. Vice-President Johnson's name was mentioned in that secret conversation with Booth, and the very suggestive expression was made between them that "little could be proved by the witnesses." His confession in his defense is conclusive of his guilt.

John M. Lloyd testifies that some six weeks That Payne was in this conspiracy is confessed before the assassination, Herold, Atzerodt, and in the defense made by his counsel, and is also John H. Surratt came to his house at Surratts-evident from the facts proved, that when the conville, bringing with them two Spencer carbines spiracy was being organized in Canada by with ammunition, also a rope and wrench. Thompson, Sanders, Tucker, Cleary, and Clay, Surratt asked the witness to take care of them this man Payne stood at the door of Thompson; and to conceal the carbines. Surratt took him was recommended and indorsed by Clay with into a room in the house, it being his mother's the words, "We trust him; that after coming house, and showed the witness where to put the hither he first reported himself at the house of carbines, between the joists on the second floor. Mrs. Mary E. Surratt, inquired for her and for The carbines were put there according to his John H. Surratt; remained there for four days, directions, and concealed. Marcus P. Norton having conversation with both of them; havsaw Atzerodt in conversation with Booth at the ing provided himself with means of disguise, National Hotel about the 2d or 3d of March; was also supplied with pistols and a knife, the conversation was confidential, and the such as he afterward used, and spurs, preparawitness accidentally heard them talking in re-tory to his flight; was seen with John H. Surgard to President Johnson, and say that "the ratt, practicing with knives such as those class of witnesses would be of that character employed in this deed of assassination, and that there could be little proven by them." now before the Court; was afterward provided This conversation may throw some light on the with lodging at the Herndon House at the in

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stance of Surratt; was visited there by Atzerodt, that bank of the rebel funds there on deposit and attended Booth and Surratt to Ford's thea- the sum of one hundred and eighty thousand ter, occupying with those parties the box, as I dollars. This being done, Surratt finding it believe and which we may readily infer, in safer, doubtless, to go to Canada for the great which the President was afterward murdered. bulk of funds which were to be distributed If further testimony be wanting that he had among these hired assassins than to attempt entered into the conspiracy, it may be found in to carry it through our lines direct from Richthe fact sworn to by Weichmann, whose testi- mond, immediately returned to Washington, mony no candid man will discredit, that about and was present in this city, as is proven by the 20th of March, Mrs. Surratt, in great ex- the testimony of Mr. Reid, on the afternoon of citement, and weeping, said that her son John the 14th of April, the day of the assassination, had gone away not to return, when about three booted and spurred, ready for flight whenhours subsequently, in the afternoon of the ever the fatal blow should have been struck. same day, John H. Surratt re-appeared, came If he was not a conspirator and a party to this rushing in a state of frenzy into the room, in great crime, how comes it that from that hour his mother's house, armed, declaring he would to this no man has seen him in the capital, nor shoot whoever came into the room, and pro- has he been reported anywhere outside of Canclaiming that his prospects were blasted and ada, having arrived in Montreal, as the testihis hopes gone; that soon Payne came into the mony shows, on the 18th of April, four days after same room, also armed and under great excite- the murder? Nothing but his conscious coward ment, and was immediately followed by Booth, guilt could possibly induce him to absent himwith his riding-whip in his hand, who walked self from his mother, as he does, upon her rapidly across the floor from side to side, so trial. Being one of these conspirators, as much excited that for some time he did not no-charged, every act of his in the prosecution of tice the presence of the witness. Observing this crime is evidence against the other parties Weichmann, the parties then withdrew, upon a to the conspiracy. suggestion from Booth, to an upper room, and That Mary E. Surratt is as guilty as her son there had a private interview. From all that of having thus conspired, combined and confedtranspired on that occasion, it is apparent that ated to do this murder, in aid of this rebellion, when these parties left the house that day, is clear. First, her house was the headquarters it was with the full purpose of completing some of Booth, John H. Surratt, Atzerodt, Payne and act essential to the final execution of the work Herold. She is inquired for by Atzerodt; she of assassination, in conformity with their pre- is inquired for by Payne, and she is visited by vious confederation and agreement. They re- Booth, and holds private conversations with turned foiled-from what cause is unknown-him. His picture, together with that of the chief dejected, angry, and covered with confusion.

conspirator, Jefferson Davis, is found in her It is almost imposing upon the patience of house. She sends to Booth for a carriage to the Court to consume time in demonstrating the take her, on the 11th of April, to Surrattsville, fact, which none conversant with the testimony for the purpose of perfecting the arrangement of this case can for a moment doubt, that John deemed necessary to the successful execution of H. Surratt and Mary E. Surratt were as surely the conspiracy, and especially to facilitate and in the conspiracy to murder the President as protect the conspirators in their escape from was John Wilkes Booth himself. You have the justice. On that occasion Booth, having disfrequent interviews between John H. Surratt posed of his carriage, gives to the agent she and Booth, his intimate relations with Payne, employed ten dollars, with which to hire a conhis visits from Atzerodt and Herold, his deposit veyance for that purpose. And yet the preof the arms to cover their flight after the con- tence is made that Mrs. Surratt went on the spiracy should have been executed; his own 11th to Surrattsville exclusively upon her own declared visit to Richmond to do what Booth private and lawful business. Can any one tell, himself said to Chester must be done, to-wit, if that be so, how it comes that she should apply that he or some of the party must go to Rich-to Booth for a conveyance, and how it comes mond in order to get funds to carry out the that he, of his own accord, having no conveyconspiracy; that he brought back with him gold, the price of blood, confessing himself that he was there; that he immediately went to Canada, delivered dispatches in cipher to Jacob Thompson from Jefferson Davis, which were interpreted and read by Thompson in the presence of the witness Conover, in which the conspiracy was approved, and, in the language of Thompson, the proposed assassination was "made all right."

One other fact, if any other fact be needed, and I have done with the evidence which proves that John H. Surratt entered into this combination; that is, that it appears by the testimony of the witness, the cashier of the Ontario, Bank, Montreal, that Jacob Thompson, about the day that these dispatches were delivered, and while Surratt was then present in Canada, drew from

ance to furnish her, should send her ten dollars with which to procure it? There is not the slightest indication that Booth was under any obligation to her, or that she had any claim upon him, either for a conveyance or for the means with which to procure one, except that he was bound to contribute, being the agent of the conspirators in Canada and Richmond, whatever money might be necessary to the consummation of this infernal plot. On that day, the 11th of April, John H. Surratt had not returned from Canada with the funds furnished by Thompson!

Upon that journey of the 11th, the accused, Mary E. Surratt, met the witness, John M. Lloyd, at Uniontown. She called him; he got out of his carriage and came to her, and she whispered to him in so low a tone that her at

tendant could not hear her words, though Lloyd, I not corroborated touching the deposit of arms to whom they were spoken, did distinctly hear by the fact that the arms are produced in court, them, and testifies that she told him he should one of which was found upon the person of have those "shooting-irons" ready, meaning Booth at the time he was overtaken and slain, the carbines which her son and Herold and At- and which is identified as the same which had zerodt had deposited with him, and added the been left with Lloyd by Herold, Surratt and Atreason, "for they would soon be called for." zerodt? Is he not corroborated in the fact of On the day of the assassination she again sent the first interview with Mrs. Surratt by the for Booth, had an interview with him in joint testimony of Mrs. Offut and Louis J. her own house, and immediately went again to Weichmann, each of whom testified (and they Surrattsville, and then, at about six o'clock in are contradicted by no one), that on Tuesday, the afternoon, she delivered to Lloyd a field- the 11th day of April, at Uniontown, Mrs. Surglass and told him "to have two bottles of ratt called Mr. Lloyd to come to her, which he whisky and the carbines ready, as they would did, and she held a secret conversation with be called for that night." Having thus per- him? Is he not corroborated as to the last confeeted the arrangement, she returned to Wash-versation on the 14th of April by the testimony ington to her own house, at about half-past of Mrs. Offut, who swears that upon the 14th eight o'clock in the evening, to await the final of April she saw the prisoner, Mary E. Surratt, result. How could this woman anticipate, on at Lloyd's house, approach and hold conversaFriday afternoon, at six o'clock, that these arms tion with him? Is he not corroborated in the would be called for and would be needed that fact, to which he swears, that Mrs. Surratt denight, unless she was in the conspiracy and livered to him at that time the field-glass wrapknew the blow was to be struck, and the flight ped in paper, by the sworn statement of Weichof the assassins attempted by that route? Was mann, that Mrs. Surratt took with her on that not the private conversation which Booth held occasion two packages, both of which were with her in her parlor on the afternoon of the wrapped in paper, and one of which he de14th of April, just before she left on this busi-scribes as a small package about six inches in ness, in relation to the orders she should give diameter? The attempt was made by calling to have the arms ready?

Mrs. Offut to prove that no such package was An endeavor is made to impeach Lloyd. But delivered, but it failed; she merely states that the Court will observe that no witness has been Mrs. Surratt delivered a package wrapped in called who contradicts Lloyd's statement in any paper to her after her arrival there, and before material matter; neither has his general char- Lloyd came in, which was laid down in the acter for truth been assailed. How, then, is he room. But whether it was the package about impeached? Is it claimed that his testimony which Lloyd testifies, or the other package of shows that he was a party to the conspiracy? the two about which Weichmann testifies, as havThen it is conceded by those who set up any ing been carried there that day by Mrs. Surratt, such pretence that there was a conspiracy. A does not appear. Neither does this witness conspiracy between whom? There can be no pretend to say that Mrs. Surratt, after she had conspiracy without the co-operation or agree- delivered it to her, and the witness had laid it ment of two or more persons. Who were the down in the room, did not again take it up, if other parties to it? Was it Mary E. Surratt? it were the same, and put it in the hands of Was it John H. Surratt, George A. Atzerodt, Lloyd. She only knows that she did not see David E. Herold? Those are the only persons, that done; but she did see Lloyd with a packso far as his own testimony or the testimony of age like the one she received in the room before any other witness discloses, with whom he had Mrs. Surratt left. How it came into his possesany communication whatever on any subject sion she is not able to state; nor what the packimmediately or remotely touching this con-age was that Mrs. Surratt first handed her; nor spiracy before the assassination. His receipt which of the packages it was she afterward saw and concealment of the arms are unexplained in the hands of Lloyd. evidence that he was in the conspiracy. The explanation is that he was dependent puts forever at rest the question of the guilty upon Mary E. Surratt; was her tenant; and participation of the prisoner, Mrs. Surratt, in his declaration, given in evidence by the ac- this conspiracy and murder; and that is, that cused herself, is that "she had ruined him, and Payne, who had lodged four days in her house, brought this trouble upon him." But because who, during all that time, had sat at her table, he was weak enough, or wicked enough, to be- and who had often conversed with her, when come the guilty depositary of these arms, and to the guilt of his great crime was upon him, and deliver them on the order of Mary E. Surratt to he knew not where else he could so safely go to the assassins, it does not follow that he is not to find a co-conspirator, and he could trust none be believed on oath. It is said that he concealed that was not, like himself, guilty, with even the the facts that the arms had been left and called knowledge of his presence, under cover of for. He so testifies himself, but he gives the darkness, after wandering for three days and reason that he did it only from apprehension of nights, skulking before the pursuing officers of danger to his life. If he were in the conspiracy, justice, at the hour of midnight, found his way his general credit being unchallenged, his tes-to the door of Mrs. Surratt, rang the bell, was timony being uncontradicted in any material admitted, and upon being asked, "Whom do matter, he is to be believed, and can not be disbelieved if his testimony is substantially corroberated by other reliable witnesses. Is he

But there is one other fact in this case that

you want to see?" replied, "Mrs. Surratt." He was then asked by the officer, Morgan, what he came at that time of night for, to which he re

plied, "to dig a gutter in the morning; Mrs. | in which the President was murdered on the Surratt had sent for him." Afterward he said afternoon of the 14th of April, and when there "Mrs. Surratt knew he was a poor man and damned the President and General Grant, and came to him." Being asked where he last worked, said the President ought to be cursed, he had he replied, "sometimes on 'I' street," and got so many good men killed, showing not only where he boarded, he replied, "he had no board- his hostility to the President, but the cause of ing-house, and was a poor man who got his it, that he had been faithful to his oath, and living with the pick" which he bore upon his had resisted that great rebellion, in the interest shoulder, having stolen it from the intrench- of which his life was about to be sacrificed by ments of the Capital. Upon being pressed this man and his co-conspirators. In performagain why he came there at that time of night ing the work, which had doubtless been into go to work, he answered that he simply trusted to him by Booth, a mortise was cut in called to see what time he should go to work in the wall. A wooden bar was prepared, one the morning. Upon being told by the officer, end of which could be readily inserted in the who, fortunately, had preceded him to this mortise and the other pressed against the edge house, that he would have to go to the Provost of the door, on the inside, so as to prevent its Marshal's office, he moved and did not answer, being opened. Spangler had the skill and the whereupon Mrs. Surratt was asked to step into opportunity to do that work and all the addithe hall and state whether she knew this man. tional work which was done. Raising her right hand, she exclaimed, "Before It is in evidence that the screws in "the God, sir, I have not seen that man before; I keepers" to the locks on each of the inner have not hired him; I do not know anything doors of the box occupied by the President were about him." The hall was brilliantly lighted. drawn. The attempt has been made, on behalf If not one word had been said, the mere act of the prisoner, to show that this was done some of Payne, in flying to her house for shelter, time before, accidentally, and with no bad de would have borne witness against her strong sign, and had not been repaired by reason of as proofs from Holy Writ. But when she de- inadvertence; but that attempt has utterly nies, after hearing his declarations that she failed, because the testimony adduced for that had sent for him, or that she had gone to him purpose relates exclusively to but one of the two and hired him, and calls her God to witness inner doors, while the fact is that the screws that she had never seen him, and knew nothing were drawn in both, and the additional precauof him, when in point of fact, she had seen tion taken to cut a small hole through one of him for four successive days in her own house, these doors, through which the party approachin the same clothing which he then wore, who ing, and while in the private passage would be can resist for a moment the conclusion that enabled to look into the box and examine the these parties were alike guilty? exact posture of the President before entering. The testimony of Spangler's complicity is It was also deemed essential, in the execution conclusive and brief. It was impossible to of this plot, that some one should watch at the hope for escape after assassinating the Presi-outer door, in the rear of the theater, by which dent, and such others as might attend him in Ford's theater, without arrangements being first made to aid the flight of the assassin, and, to some extent, prevent immediate pursuit.

alone the assassin could hope for escape. It was for this work Booth sought to employ Chester in January, offering $3,000 down of the money of his employers, and the assurance that he should never want. What Chester refused to do, Spangler undertook and promised to do. When Booth brought his horse to the rear door of the theater, on the evening of the murder, he called for Spangler, who went to him, when Booth was heard to say to him, "Ned, you'll help me all you can, won't you?" To which Spangler replied, "Oh, yes."

A stable was to be provided close to Ford's theater, in which the horses could be concealed, and kept ready for the assassin's use whenever the murderous blow was struck. Accordingly, Booth secretly, through Maddox, hired a stable in the rear of the theater, and connecting with it by an alley, as early as the 1st of January last, showing that at that time he had concluded, notwithstanding all that has been said to the When Booth made his escape, it is testified by contrary, to murder the President in Ford's Colonel Stewart, who pursued him across the theater, and provide the means for immediate stage and out through the same door, that, as he and successful flight. Conscious of his guilt, approached it, some one slammed it shut. Rithe paid the rent for this stable through Maddox, terspaugh, who was standing behind the scenes month by month, giving him the money. He when Booth fired the pistol and fled, saw Booth employed Spangler, doubtless for the reason run down the passage toward the back door, that he could trust him with the secret, as a and pursued him; but Booth drew his knife carpenter to fit up this shed, so that it would upon him and passed out, slamming the door furnish room for two horses, and provided the after him. Ritterspaugh opened it and went door with lock and key. Spangler did this through, leaving it open behind him, leaving work for him. Then it was necessary that a Spangler inside, and in a position from which carpenter, having access to the theater, should he readily could have reached the door. Ritbe employed by the assassin to provide a bar terspaugh also states that very quickly after for the outer door of the passage leading to the he had passed through this door he was followed President's box, so that when he entered upon by a large man, the first who followed him, and his work of assassination he would be secure who was, doubtless, Colonel Stewart. Stewart from interruption from the rear. By the evi- is very positive that he saw this door slammed, dence it is shown that Spangler was in the box that he himself was constrained to open it, and

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