Recalled for the Prosecution.-May 22.

The stable in the rear of the theater was

fitted up for Booth in January, by Spangler and a man by the name of George. It was raised up a little higher for the buggy, and two stalls put in it. Booth occupied that stable until the assassination. First he had a saddle-horse, which he sold; then he got a horse and buggy. The buggy he sold on Wednesday before the assassination. Ned Spangler, the prisoner, sold it for him.

Cross-examined by Mr. EWING.

I do not know to whom Spangler sold it. Booth and Gifford told Spangler on the Monday, to take it to the bazar on Maryland Avenue; but he could not get what he wanted for it there, and sold it afterward to a man that kept a livery stable.

MARY ANN TURNER (colored.)

For the Prosecution.-May 16.

horse step down the alley. I looked out of the window, and it seemed as if the gentleman not go further than the end of it, and in a few was leading the horse down the alley. He did minutes he came back up to the theater door, holding his horse by the bridle. He pushed the door open, and said something in a low Ned" four times. There was a colored voice, and then in a loud voice he called man up at the window, who said, "Mr. Ned, Mr. Booth wants you.' This is the way I came to know it was Mr. Booth, for it was dark and I could not see his face. When

Ned came, Mr. Booth said, in a low voice, "Tell Maddox to come here."

Then Ned went back and Maddox came out, and they said something to each other. Maddox then took off the horse from before my door, round to where the work bench was, that stood at the right side of the house. They both then went into the theater. The horse stood out there a considerable time, and kept up a great stamping. After awhile, the person who held the horse kept walking backward and forward; I suppose the horse was there an hour and a half altogether. Then I saw Booth come out of the door with something in his hand, glittering. He came out of the theater so quick that it seemed as if he but touched the horse, and it was gone like a flash of lightning. I thought to myself that the horse must surely Ned came to him, and I heard him say, there was a rush out of the door, and I heard have run off with the gentleman. Presently in a low voice, "Tell Maddox to come here." the people saying, "Which way did he go?" When Maddox came, Booth said something in a very low voice to him, and I saw Maddox I asked a gentleman what was the matter, reach out his hand and take the horse, and he said the President was shot. I asked Where Ned went I can not tell. Booth who shot him. Said he, "The man who went then went into the theater. After the assasout on the horse."

I reside in the rear of Ford's Theater; my front-door fronts to the back of the theater. I knew John Wilkes Booth when I saw him. I saw him on the afternoon of the 14th, standing in the back-door of Ford's Theater, with a lady by his side. Between 7 and 8 o'clock that night, he brought a horse up to the back door of the theater, and, opening it, called "Ned" three times.

I went up to the theater door, and saw

sination, I heard the horse going very rapidly Mr. Spangler. When he came out, I said out of the alley. I ran immediately to my to him, "Mr. Spangler, that gentleman called door and opened it, but he was gone. The crowd then came out, and this man, Ned, Yes, he did." He said, "No, he did n't you." Said he, "No, he did n't." Said I, call me." He denied it, and I kept on saying so.

came out of the theater.

The witness here identified the accused, Edward Spangler.]

When I saw him, I said, “Mr. Ned, you know that man Booth called you." Said he, "I know nothing about it.”

MARY JANE ANDERSON (colored.)

For the Prosecution.-May 16.

Cross-examined by Mr. EwING.

When Mr. Maddox took the horse round out of my sight, I could not see who held him. He came back after a little while, and went into the theater again. Mr. Spangler came out when Booth called him, and told him to tell Maddox to come out, but I am not certain that Spangler came out again.

JAMES L. MADDOX.

For the Prosecution.-May 22.

I live right back of Ford's Theater, adjoining Mrs. Turner's house. I knew John Wilkes Booth by sight. I saw him on the morning of the 14th of April down by the stable, and again between 2 and 3 o'clock in the afternoon, standing in the theater backdoor, in the alley, talking to a lady. I stood I was employed at Ford's Theater as in my gate and looked right wishful at him. property man. In December last, I rented He and this lady were pointing up and from Mrs. Davis, for John Wilkes Booth, the down the alley, as if they were talking about stable where he kept his horse up to the it They stood there a considerable time, time of the murder of President Lincoln. and then Booth went into the theater. Mr. Booth gave me the rent money monthly, After I had gone up stairs that night, a and I paid it to Mrs. Davis. carriage drove up, and after that I heard a

I saw Harry Ford decorating the Presi

dent's box on the afternoon of the 14th of the President's house, say that night that he April, but do not remember seeing any one had come down that morning and engaged else in the box. I was in there but once. the box for the President.

I saw Joe Simms, the colored man, coming from Mr. Ford's room, through the alley way, carrying on his head the rocking-chair that the President was to use in the evening. I had not seen that chair in the box this season; the last time I saw it before that afternoon was in the winter of 1863, when it was used by the President on his first visit to the theater.

Cross-examined by MR. EWING.

My duties require me to be on the stage while the performance is going on, unless, as sometimes happened, there is nothing at all to do, when I go out. My business is to see that the furniture is put on the stage aright, and to get the actors any side properties that may be required for use in the play.

The passage way by which Booth escaped is usually clear. Only when we are playing a heavy piece, and when in a hurry, do we run things in there. The "American Cousin," which was performed on that night, is not a heavy piece, and the passage would therefore be clear of obstruction.

on.

JAMES P. FERGUSON.

For the Prosecution.-May 15.

I keep a restaurant, adjoining Ford's Theater, on the upper side. I saw J. Wilkes Booth, on the afternoon of the 14th, between 2 and 4 o'clock, standing by the side of his horse-a small bay mare; Mr. Maddox was standing by him talking. Booth remarked, "See what a nice horse I have got; now watch, he can run just like a cat;" and, striking his spurs into his horse, he went off down the street.

About 1 o'clock Mr. Harry Ford came into my place and said, "Your favorite, General Grant, is to be at the theater to-night, and if you want to see him you had better go and get a seat." I went and secured a seat directly opposite the President's box, in the front dress-circle. I saw the President and his family when they came in, accompanied by Miss Harris and Major Rathbone.

Somewhere near 10 o'clock, during the second scene of the third act of "Our American Spangler's position on the stage was on Cousin," I saw Booth pass along near the the left-hand side, facing the audience, and President's box, and then stop and lean the same side that the President's box was against the wall. After standing there a I saw Spangler during nearly every moment, I saw him step down one step, put scene. If he had not been at his place, I his hands on the door and his knee against should certainly have missed him. If he it, and push the door open-the first door had missed running off a single scene, I should have known it. Sometimes a scene lasts twenty minutes, but in the third act of the "American Cousin" there are seven scenes, the way Miss Keene plays it, and had Spangler been absent five minutes after the first scene of this act we should have noticed it. In the second act, I guess, he has a half hour, and in the first scene of the third act he has twenty-five minutes, and after this the scenes are pretty quick.

I was at the front of the theater during the second act, but did not see Spangler there. I have never seen Spangler wear a moustache during the two years that I have known him. I was in the first entrance to the stage, the side the President's box is on, at the moment of the assassination. Three or four minutes before that, while the second scene of the third act was on, I crossed the stage with the will, and saw Spangler in his place. After the pistol was fired, I caught a glimpse of Booth, when he was about two feet off the stage. I ran on the stage and heard a call for water; I ran and brought a pitcher full, and gave it to one of the officers. I did not see Spangler after that, that I remember, until the next morning. I may have seen him, but not to notice him.

I heard about 12 o'clock that the President was coming to the theater that night; I was told so by Mr. Harry Ford. I heard a young man, one of the officers connected with

that goes into the box. I saw no more of him until he made a rush for the front of the box and jumped over. He put his left hand on the railing, and with his right he seemed to strike back with a knife. I could see the knife gleam, and the next moment he was over the box. As he went over, his hand was raised, the handle of the knife up, the blade down. The President sat in the lefthand corner of the box, with Mrs. Lincoln at his right. Miss Harris was in the righthand corner, Major Rathbone sitting back at her left, almost in the corner of the box. At the moment the President was shot, he was leaning his hand on the railing, looking down at a person in the orchestra; holding the flag that decorated the box aside to look between it and the post, I saw the flash of the pistol right back in the box. As the person jumped over and lit on the stage, I saw it was Booth. As he struck the stage, he rose and exclaimed, “Sic semper tyrannus !” and ran directly across the stage to the opposite door, where the actors come in.

I heard some one halloo out of the box, "Revenge for the South!" I do not know that it was Booth, though I suppose it must have been; it was just as he was jumping over the railing. His spur caught in the blue part of the flag that was stretched around the box, and, as he went over, it tore a piece of the flag, which was dragged half way across the stage on the spur of his right heel.

Just as Booth went over the box, I saw one with castors in the box this season, but the President raise his head, and then it hung not the rocking-chair. The last time I saw back. I saw Mrs. Lincoln catch his arm, the chair before it was placed in the Presiand I was then satisfied that the President dent's box was in Mr. Ford's room, adjoining was hurt. By that time Booth was across the theater. the stage. A young man named Harry Hawk was the only actor on the stage at the time.

I left the theater as quickly as I could, and went to the police station on D Street, to give notice to the Superintendent of Police, Mr. Webb. I then ran up D Street to the house of Mr. Peterson, where the President was taken. Colonel Wells was standing on the steps, and I told him that I had seen it all, and I knew the man who jumped out of the box.

On Monday morning, after the assassination, I was trying to find out how the door of the President's box had been fastened, when I first saw the mortise in the wall. The Secretary of War came down to the theater to examine the box, and he told me to bring a stick and fit it in the door. I found that a stick about three feet six inches long, if pressed against it, would prevent the door from being opened on the outside, but if the door was shaken, the stick would fall. The mortise in the plastering looked as though it Next morning I saw Mr. Gifford, who said, had been recently made, and had the appear"You made a hell of a statement about what ance of having been made with a knife. Had you saw last night; how could you see the a chisel or hammer been used, it would have flash of the pistol when the ball was shot made a sound, but with a knife it could have through the door?" On Sunday morning been done quietly. It might have required Miss Harris, accompanied by her father, some ten or fifteen minutes to make it. I Judge Olin, and Judge Carter, came down to had not been in the box, I think, for a week. the theater, and I went in with them. We Had the marks been there then, I think I got a candle and examined the hole in the should have observed it, as I am particular door of the box through which Mr. Gifford in looking around to see the place is clean. said the ball had been shot. It looked to me as if it had been bored by a gimlet, and then rimed round the edge with a knife. In several places it was scratched down, as if the knife had slipped. After this examination, I was satisfied that the pistol had been fired in the box.

Mr. Gifford is the chief carpenter of the theater, and I understood had full charge of it. I recollect when Richmond was surrendered I said to him, "Have you not got any flags in the theater?" He replied, "Yes, I have; I guess there is a flag about." I said. "Why do you not run it out on the roof?"" He answered, "There's a rope, is n't that enough?" I said, "You are a hell of a man, you ought to be in the Old Capitol." He did n't like me any how.

Cross-examined by MR. EWING.

We looked for the bar that had been used to fasten the box-door, but could not find it. I know Mr. Spangler very well. I never saw him wear a moustache, that I recollect.

JAMES J. GIFFORD.

For the Prosecution.-May 19.

It was the duty of Mr. Rayboltd, the upholsterer, to decorate the box; but he had a stiff neck, and got Mr. Clay Ford to do it for him, so he told me afterward.

At the moment of the assassination I was in front of the theater; twenty minutes before, I was behind the scenes where I saw Spangler; he was then waiting for his business to change the scene.

Cross-examined by MR. EWING.

The passage on each side of the entrances is always kept free. The entrances are always more or less filled with tables, chairs, etc. The passage way through which Booth passed to the outer door is about two feet eight inches to three feet wide; some places a little wider, some a little narrower; but it is never obstructed, except by people when they have a large company on the stage; never by chairs, tables, etc. It is necessary to keep this passage way clear to allow the actors and actresses to pass readily from the green-room and dressing-rooms to the stage. I was on the stage until the curtain went up at each act, and saw Spangler there each time. The last time I saw him was about half-past 9 o'clock.

I was the builder of Ford's Theater, and I was in front of the theater a part of the am stage-carpenter there. I noticed Mr. time between the second and third acts. I Harry Clay Ford in the President's box, on did not see Spangler in front of the theater the 14th of April last, putting flags out; I at all; I do not think he could have been think I saw Mr. Raybold with him. When there without my knowing it, because the I was in the box on Saturday, the 15th, I scenes would have gone wrong had he left saw the large rocking-chair. I do not know the stage for any length of time. I never whether or not it has been previously used knew Spangler to wear a moustache. this season, but I saw it there last season. It In the play of the "American Cousin" there was part of a set of furniture-two sofas and are, I believe, some five or six scenes in each two high-backed chairs-one with rockers and act, and Spangler's presence on the stage one with castors. I have sometimes seen the would have been indispensable to the per

CAPTAIN THEODORE MCGOWAN.
For the Prosecution.-May 15.

formance. Ritterspaugh was on duty with erous cheering. The party proceeded along Spangler on his side of the stage that night. in the rear of the dress-circle and entered the I know nothing more of Booth's connection box that had been set apart for their recepwith Spangler than that it was friendly. tion. On entering the box, there was a large Everybody about the house, actors and all, arm-chair that was placed nearest the audiwere friendly with Booth; he had such a ence, farthest from the stage, which the Preswinning way that he made every person like ident took and occupied during the whole him. He was a good-natured, jovial kind of of the evening, with one exception, when he man, and the people about the house, as far got up to put on his coat, and returned and as I know, all liked him. He had access to sat down again. When the second scene of the theater by all the entrances, just as the the third act was being performed, and while employees of the theater had. Spangler ap- I was intently observing the proceedings peared to be a sort of drudge for Booth, doing upon the stage, with my back toward the such things as hitching up his horse, etc. door, I heard the discharge of a pistol behind me, and, looking round, saw through the sinoke a man between the door and the President. The distance from the door to where the President sat was about four feet. At I was present at Ford's Theater on the the same time I heard the man shout some night of the assassination. I was sitting in word, which I thought was "Freedom!" I the aisle leading by the wall toward the door instantly sprang toward him and seized him. of the President's box, when a man came and He wrested himself from my grasp, and disturbed me in my seat, causing me to push made a violent thrust at my breast with a my chair forward to permit him to pass; he large knife. I parried the blow by striking stopped about three feet from where I was it up, and received a wound several inches sitting, and leisurely took a survey of the deep in my left arm, between the elbow and house. I looked at him because he happened the shoulder. The orifice of the wound was to be in my line of sight. He took a small about an inch and a half in length, and pack of visiting-cards from his pocket, select- extended upward toward the shoulder seving one and replacing the others, stood a eral inches. The man rushed to the front of second, perhaps, with it in his hand, and then the box, and I endeavored to seize him again, showed it to the President's messenger, who but only caught his clothes as he was leapwas sitting just below him. Whether the ing over the railing of the box. The clothes, messenger took the card into the box, or, as I believe, were torn in the attempt to hold after looking at it, allowed him to go in, I him. As he went over upon the stage, I do not know; but, in a moment or two more, cried out, "Stop that man.' I then turned I saw him go through the door of the lobby leading to the box, and close the door.

to the President; his position was not changed; his head was slightly bent forward, and his eyes were closed. I saw that he was unconscious, and, supposing him mortally wounded, rushed to the door for the purpose of calling medical aid.

After I heard the pistol fired, I saw the body of a man descend from the front of the box toward the stage. He was hid from my sight for a moment by the heads of those who sat in the front row of the dress-circle, On reaching the outer door of the passage but in another moment he reappeared, strode way, I found it barred by a heavy piece of across the stage toward the entrance on the plank, one end of which was secured in the other side, and, as he passed, I saw the gleam-wall, and the other resting against the door. ing blade of a dagger in his right hand. He It had been so securely fastened that it redisappeared behind the scenes in a moment, quired considerable force to remove it. This and I saw him no more.

I know J. Wilkes Booth, but, not seeing the face of the assassin fully, I did not at the time recognize him as Booth.

wedge or bar was about four feet from the floor. Persons upon the outside were beating against the door for the purpose of entering. I removed the bar, and the door was opened. Several persons, who represented themselves as surgeons, were allowed to enter. I saw there Colonel Crawford, and requested him to prevent other persons from entering the box.

MAJOR HENRY R. RATHBONE. For the Prosecution.-May 15. On the evening of the 14th of April last, at about twenty minutes past 8 o'clock, I, in I then returned to the box, and found the company with Miss Harris, left my residence surgeons examining the President's person. at the corner of Fifteenth and H Streets, and They had not yet discovered the wound. As joined the President and Mrs. Lincoln, and soon as it was discovered, it was determined went with them, in their carriage, to Ford's to remove him from the theater. He was Theater, on Tenth Street. On reaching the carried out, and I then proceeded to assist theater, when the presence of the President Mrs. Lincoln, who was intensely excited, to became known, the actors stopped playing, leave the theater. On reaching the head of the band struck up "Hail to the Chief," and the stairs, I requested Major Potter to aid the audience rose and received him with vocif-me in assisting Mrs. Lincoln across the

street to the house where the President was wanted many minutes until the scene changed, being conveyed. The wound which I had and it was a time in the scene when the received had been bleeding very profusely, stage and passage way would have been and on reaching the house, feeling very faint somewhat obstructed by some of the scenefrom the loss of blood, I seated myself in shifters, and the actors in waiting for the the hall, and soon after fainted away, and next scene, which requires their presence. was laid upon the floor. Upon the return I never remember seeing Spangler wear a of consciousness I was taken to my resi-moustache.

dence.

JOSEPH B. STEWART.

For the Prosecution.—May 20.

In a review of the transactions, it is my confident belief that the time which elapsed between the discharge of the pistol and the time when the assassin leaped from the box I was at Ford's Theater on the night of did not exceed thirty seconds. Neither Mrs. the assassination of the President. I was Lincoln nor Miss Harris had left their seats. sitting in the front seat of the orchestra, on A bowie-knife, with a heavy seven-inch blade, was the right-hand side. The sharp report of exhibited to the witness, stains of blood being still upon the blade.! a pistol at about half-past 10-evidently a I heard an exThis knife might have made a wound sim-charged pistol-startled me. ilar to the one I received. The assassin clamation, and simultaneously a man leaped held the blade in a horizontal position, I from the Fresident's box, lighting on the think, and the nature of the wound would stage. He came down with his back slightindicate it; it came down with a sweeping ly toward the audience, but rising and turn

blow from above.

[The knife was offered in evidence.]

WILLIAM WIThers, Jr.
For the Prosecution.-May 15.

ing, his face came in full view. At the same instant I jumped on the stage, and the man disappeared at the left-hand stage entrance. I ran across the stage as quickly as possible, following the direction he took, calling out, "Stop that man!" three times. I am the leader of the orchestra at Ford's When about twenty or twenty-five feet from Theater. I had some business on the stage the door through which the man ran, the with our stage-manager on the night of the door slammed to and closed. Coming up to 14th, in regard to a national song that I had the door, I touched it first on the side composed, and I went to see what costume where it did not open; after which I caught they were going to sing it in. After talking hold at the proper place, opened the door, with the manager, I was returning to the and passed out. The last time that I exclaimed orchestra, when I heard the report of a pis-"Stop that man," some one said, "He is tol. I stood with astonishment, thinking getting on a horse at the door;" and almost why they should fire off a pistol in "Our as soon as the words reached my ears I American Cousin." As I turned round I heard the tramping of a horse. On opening beard some confusion, and saw a man run- the door, after the temporary balk, I perning toward me with his head down. I did ceived a man mounting a horse. The moon not know what was the matter, and stood was just beginning to rise, and I could see completely paralyzed. As he ran, I could any thing elevated better than near the not get out of his way, so he hit me on the ground. The horse was moving with a leg, and turned me round, and made two quick, agitated motion-as a horse will do cuts at me, one in the neck and one on the when prematurely spurred in mountingside, and knocked me from the third en- with the reins drawn a little to one side, trance down to the second. The scene saved and for a moment I noticed the horse describe me. As I turned, I got a side view of him, a kind of circle from the right to the left. I and I saw it was John Wilkes Booth. He ran in the direction where the horse was headthen made a rush for the back door, and out ing, and when within eight or ten feet from he went. I returned to the stage and heard the head of the horse, and almost up withthat the President was killed, and I saw him in reach of the left flank, the rider brought in the box apparently dead. him round somewhat in a circle from the

Where I stood on the stage was not more left to the right, crossing over, the horse's than a yard from the door. He made one feet rattling violently on what seemed to be plunge at the door, which I believe was rocks. I crossed in the same direction, aimshut, and instantly he was out. The door ing at the rein, and was now on the right opens inward on the stage, but whether he flank of the horse. He was rather gaining opened it, or whether it was opened for him, on me then, though not yet in a forward I do not know. I noticed that there was movement. I could have reached his flank nothing to obstruct his passage out, and this with my hand when, perhaps, two-thirds of seemed strange to me, for it was unusual.

Cross-examined by MR. EWING,

On that night the passage seemed to be clear of every thing. I do not think it

the way over the alley. Again he backed to the right side of the alley, brought the horse forward and spurred him; at the same instant he crouched forward, down over the pummel of the saddle. The horse then went

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