JOHN M. LLOYD.

For the Prosecution.—May 13.

did not seem to be riding so rapidly as the| first, or his horse did not show signs of it as much as the first. I asked who he was, and he said that his name was Smith, and that he I reside at Mrs. Surratt's tavern, Surrattswas going home; that he lived at the White ville, and am engaged in hotel-keeping and Plains. I asked him how it was that he was farming. Some five or six weeks before the out so late. He made use of a rather indeli- assassination of the President, John H. Sureate expression, and said that he had been in bad company. I brought him up before the guard-house door, so that the light shone full in his face and on his horse.

The accused, David E. Herold, was directed to stand up

for identification.]

ratt, David E. Herold, and G. A. Atzerodt came to my house. Atzerodt and Surratt drove up to my house in the morning first, and went toward T. B., a post-office about five miles below there. They had not been gone more than half an hour, when they returned He is very near the size of the second with Herold. All three, when they came horseman; but, I should think, taller, al- into the bar-room, drank, I think. John though I can not be sure, as he was on Surratt then called me into the front parlor, horseback. He had a lighter complexion and on the sofa were two carbines, with than this man. After his explanation, I ammunition; also a rope from sixteen to allowed him to pass. He rode a medium-twenty feet in length, and a monkey-wrench. sized, roan horse. I should think the horse Surratt asked me to take care of these things, was going at a heavy racking pace, or some and to conceal the carbines. I told him thing like that. The horse did not move there was no place to conceal them, and I like a trotting horse. He carried his head did not wish to keep such things. He then down. took me into a room I had never been in, Afterward, a third horseman rode up, and immediately above the store-room, in the made inquiry after a roan horse; after a man back part of the building. He showed me passing on a roan horse. He made no in- where I could put them underneath the joists quiry about the other horseman who had of the second floor of the main building. passed first. He did not seem to have any I put them in there according to his direcbusiness on the other side of the bridge that tions. I considered of sufficient importance to pass him, and so I turned him back.

I do not think the moon was up at that time, but rose after the horsemen had gone forward.

POLK GARDINER.

For the Prosecution.—May 16. On the night of the 14th of April last, I was on the Bryantown road, coming to Washington, and about 11 o'clock, when on Good Hope Hill, I met two horsemen, one about half a mile behind the other, and both riding very fast. The first, who was on a dark horse, I think a bay, asked me if a horseman had passed ahead; he then asked me the road to Marlboro, and if it did not turn to the right. I told him no; to keep the straight road.

As the second horseman rode up, a lot of teamsters were passing at the time, and I heard him ask them whether a horseman had passed ahead; I do not know whether he asked them or me; I did not answer. He rode a roan horse, a light horse, a roan or an iron-gray.

Cross-examined by MR. Cox.

I met the first horseman two miles and a half or three miles from the city, half-way up the hill. It was not over five or ten minutes before the second horseman came along. Both of them were riding very fast. I got off the hill entirely before I met the second man.

I stated to Colonel Wells that Surratt put them there, but I carried the arms up and put them in there myself. There was also one cartridge-box of ammunition. Surratt said he just wanted these articles to stay for a few days, and he would call for them. On the Tuesday before the assassination of the President, I was coming to Washington, and I met Mrs. Surratt, on the road, at Uniontown. When she first broached the subject to me about the articles at my place, I did not know what she had reference to. Then she came out plainer, and asked me about the "shooting-irons." I had myself forgotten about their being there. I told her they were hid away far back, and that I was afraid the house might be searched. She told me to get them out ready; that they would be wanted soon. I do not recollect distinctly the first question she put to me. Her language was indistinct, as if she wanted to draw my attention to something, so that no one else would understand. Finally she came out bolder with it, and said they would be wanted soon. I told her that I had an idea of having them buried; that I was very uneasy about having them there.

On the 14th of April I went to Marlboro to attend a trial there; and in the evening, when I got home, which I should judge was about 5 o'clock, I found Mrs. Surratt there. She met me out by the wood-pile as I drove in with some fish and oysters in my buggy. She told me to have those shooting-irons ready that night, there would be some parties who would call for them. She gave me

Cross-examined by MR. AIKEN.

something wrapped in a piece of paper, which I took up stairs, and found to be a field-glass. She told me to get two bottles I rented Mrs. Surratt's house at Surrattsof whisky ready, and that these things were ville, about the first of December last, and to be called for that night.. Mrs. Surratt frequently came there after Just about midnight on Friday, Her- that. When I met Mrs. Surratt on the old came into the house and said, "Lloyd, Tuesday preceding the assassination, I was for God's sake, make haste and get those coming to Washington, and she was going things." I did not make any reply, but to my place, I supposed. I stopped, and so went straight and got the carbines, supposing did she I then got out and went to her they were the parties Mrs. Surratt had re- buggy. It had been raining, and was very ferred to, though she didn't mention any muddy. I do not know that the word "carnames. From the way he spoke he must bine' was mentioned. She spoke about have been apprised that I already knew what those shooting-irons. It was a very quick I was to give him. Mrs. Surratt told me to and hasty conversation. I am confident that give the carbines, whisky, and field-glass. I she named the shooting-irons on both ocdid not give them the rope and monkey-casions; not so positive about the first as wrench. Booth did n't come in. I did not I am about the last; I know she did on know him; he was a stranger to me. He re- the last occasion. On the Friday I do not mained on his horse. Herold came into the think Mrs. Surratt was there over ten minhouse and got a bottle of whisky, and took it out to him, and he drank while sitting on his horse. Herold, I think, drank some out of the glass before he went out.

I do not think they remained over five minutes. They only took one of the bines. Booth said he could not take his, because his leg was broken.

utes.

When I first drove up to the wood-yard, Mrs. Surratt came out to where I was. The first thing she said to me was, "Talk about the devil, and his imps will appear," or car- something to that effect. I said, "I was not aware that I was a devil before." "Well," said she, "Mr. Lloyd, I want you to have those shooting-irons ready; there will be parties here to-night who will call for them." At the same time she gave me something wrapped up in a newspaper, which I did not undo until I got up stairs.

Just as they were about leaving, the man who was with Herold said, "I will tell you some news, if you want to hear it," or something to that effect. I said, "I am not particular; use your own pleasure about telling it." "Well," said he, "I am pretty certain that we have assassinated the President and Secretary Seward." I think that was his language, as well as I can recollect. Whether Herold was present at the time he said that, or whether he was across the street, I am not positive; I was much excited and unnerved at the time. The moon was shining when the men came. The man whose leg was broken was on a light-colored horse; I supposed it to be a gray horse, in the moonlight. It was a The first information that I gave of this large horse, I suppose some sixteen hands high; the other, ridden by Herold, was a bay, and not so large.

Between 8 and 9 o'clock the next morning the news was received of the assassination of the President, and I think the name of Booth was spoken of as the assassin.

I have heard Atzerodt called by the nick name of "Port Tobacco." I used to call him "Miserable," and then I called him, for a long time, "Stranger." I do not think I had been acquainted with him over two months before the assassination.

[Two carbines, Spencer rifles, were exhibited to the wit

ness.)

The conversation I had with Mrs. Surrat about the shooting-irons was while I was carrying the fish and oysters into the house. Mrs. Surratt then requested me to fix her buggy for her. The front spring bolts were broken; the spring had become detached from the axle. I tied them with some cord; that was the only fixing I could give them. Mrs. Offutt, my sister-in-law, was, I believe, in the yard; but whether she heard the conversation or not, I do not know.

occurrence was to Lieutenant Lovett and Captain Cottingham, some time about the middle of the week; but I did not detail all the circumstances. I told these officers that it was through the Surratts that I had got myself into the difficulty. If they had never brought me on there, I never would have got myself into difficulty, or words to that effect; and I gave full information of the particulars to Colonel Wells, on the Saturday week following.

When Booth and Herold left my house, they took the road toward T. B. Herold came up toward the stable between me and the other man, who was on the light-colored The carbines were brought in covers. The horse, and they rode off at a pretty rapid cover that is on this one looks like the cover gait When Herold brought back the bottle in which it was brought to me. I took the from which Booth had drank the whisky, he cover off one, and the peculiar kind of remarked to me, "I owe you a couple of breech attracted my attention, never having dollars; " and said he, "Here." With that seen one like it before. They look like the he offered me a note, which next morning I carbines that were brought to my place. found to be one dollar, which just about paid

on Tuesday, the 18th of April. Dr. Mudd, whom I recognize among the accused, did not at first seem inclined to give us any satisfaction; afterward he went on to state that on Saturday morning, at daybreak, two strangers had come to his place; one of them rapped at the door, the other remained on his horse. Mudd went down and opened the door, and with the aid of the young man who had knocked at the door helped the other, who had his leg broken, off his horse, took him into his house and set his leg.

broken leg was, he said he did not know; On asking him who the man with the he was a stranger to him. The other, he said, was a young man, about seventeen or of them called for a razor, which he fureighteen years of age. Mudd said that one

wounded man shaved off his moustache.

Booth did not take a carbine with him. I only brought one carbine down; Booth said he could not carry his; I had the carbine then in my bed-chamber. It was no great while after Mrs. Surratt left, when, according to her orders, I got them from the store-room and carried them to my bed-room nished, together with soap and water, and the to have them ready. I brought the carbine One of our men remarked that this was susand gave it to Herold before they said they picious, and Dr. Mudd said it did look sushad killed the President; they never told me that until they were about riding off. I was beard. He said, "Yes, he had a long pair of picious. I asked him if he had any other right smart in liquer that afternoon, and whiskers." He said the men remained there after night I got more so. I went to bed between 8 and 9 o'clock, and slept very soundly that they left in the course of the morning. but for a short time, and I understood him until 12 o'clock. I woke up just as the He said that the wounded man went off on elock struck 12. A good many soldiers came crutches that he (Mudd) had had made for there on Saturday, and on Sunday night him. He said the other led the horse of the others came and searched the place. When they asked if I had seen two men pass that injured man, and he (Mudd) showed them way in the morning, I told them I had not he had heard, at church, on Sunday mornway across the swamp. That is the only thing I blame myself about. If I had given the information they asked ing, that the President had been assassinated, of me, I should have been perfectly easy re- at his house probably an hour, and to the but did not mention by whom. We were garding it. This is the only thing I am last he represented that those men were ensorry I did not do. tire strangers to him.

Recalled for the Prosecution.-May 15.

Cross-examined by MR. AIKEN. When the party brought the carbines to my house, Mr. Surratt assisted me in carrying them up stairs, together with the cartridge-boxes, and they were immediately concealed between the joists and ceiling of an unfinished room, where they remained until that Friday when Mrs. Surratt gave me information that they would be wanted that night I then took them out, according to her direction, and put them in my bed-room, so as to have them convenient for any parties that might call that night. I was out by the wood-pile when Mrs. Surratt handed the package to me. I prepared two bottles of whisky, according to her directions.

LIEUTENANT ALEXANDER LOVETT.

For the Prosecution.-May 16.

the

He told me that

It was generally understood at this time that Booth was the man who assassinated the President; even the darkeys knew it; and I was told by them that Booth had been there, and that he had his leg broken.

On Friday, the 21st of April, I went to Dr. Mudd's again, for the purpose of arresting him. When he found we were going to search the house, he said something to his wife, and she went up stairs and brought down a boot. Mudd said he had cut it off the man's leg, in order to set the leg. I turned down the top of the boot, and saw the name "J. Wilkes" written in it.

I called Mudd's attention to it, and he said he had not taken notice of it before. Some of the men said the name of Booth was scratched out, but I said that the name of Booth had never been written.

[A long riding boot, for the left foot, slit up in front for about eight inches, was exhibited to the witness.]

That is the boot.

[The boot was offered in evidence.]

On the day after the assassination of the President, I went with others in pursuit of At the second interview, he still insisted the murderers. We went by way of Surratts-that the men were strangers to him. I made ville to the house of Dr. Samuel A. Mudd, the remark to him that his wife said she which is about thirty miles from Washington, had seen the whiskers detached from his and about one-quarter of a mile or so off the face, and I suppose he was satisfied then, for road that runs from Bryantown, arriving there he subsequently said it was Booth. After we

left his house, one of the men showed him | Mr. Wilmer's, a thing I did not like to do, Booth's photograph, and Mudd remarked as I knew the man by reputation, and was that it did not look like Booth, except a lit-satisfied it was unnecessary. We tracked tle across the eyes. Shortly after that, he the men as far as we could. We went into said he had an introduction to Booth in No- the swamp and scoured it all over; I went vember or December last, at church, from a through it half a dozen times; it was not a man named Johnson or Thompson. On be- very nice job though. I first heard from ing questioned, he said he had been along Lieutenant Dana that two men had been at with Booth in the country, looking up some Mudd's house. I afterward heard from Dr. land, and was with him when he bought a George Mudd that a party of two had been horse of Esquire Gardiner, last fall. at Dr. Samuel Mudd's.

Although I was in citizen's clothes at the time, and addressed no threats to him, Dr. Mudd appeared to be much frightened and anxious. When asked what arms the men had, Dr. Mudd stated that the injured man had a pair of revolvers, but he said nothing about the other having a carbine, or either of them having a knife; his manner was very reserved and evasive,

Cross-examined by MR. STONE.

When we first went to Dr. Samuel Mudd's house, we were accompanied by Dr. George Mudd, whom we had taken from Bryantown along with us. Our first conversation was with the Doctor's wife. When we asked Dr. Mudd whether two strangers had been there, he seemed very much excited, and got as pale as a sheet of paper, and blue about the lips, like a man that was frightened at someAt the time that Dr. Mudd was describing thing he had done. Dr. George Mudd was to me the "two strangers" that had been present when I asked if two strangers had to his house, I did not tell him of my track-been there. He had spoken to Dr. Samuel ing Booth from Washington; I did not men- Mudd previous to that. He admitted that tion Booth's name at all; it was not my busi- two strangers had been there, and gave a ness to tell him whom I was after. description of them.

Cross-examined by MR. EWING.

On my second visit, Dr. Mudd was out, In my first interview with Mudd on the and his wife sent after him; I walked down Tuesday, I did not mention the name of Booth and met him. I was accompanied by spe- at all; and it was not till I had arrested him, cial officers Simon Gavacan, Joshua Lloyd, when on horseback, that he told me he was and William Williams. After we entered the introduced to Booth last fall, by a man house, I demanded the razor that the man named Johnson or Thompson. had used. It was not until after we had been in the house some minutes, and one of the men said we should have to search the house, that Dr. Mudd told us the boot had been found, and his wife brought it to us.

LIEUTENANT DAVID D. DANA.

For the Prosecution.-May 20.

WILLIAM WILLIAMS.

On Saturday, the day after the assassinaI asked him if that might not be a false tion of the President, I sent a guard of four whisker; he said he did not know. I asked men ahead of me to Bryantown, and they this because Mrs. Mudd had said that the arrived about half an hour before me. I whisker became detached when he got to the arrived there about 1 o'clock. I commufoot of the stairs. The Doctor never told me nicated the intelligence of the assassination, that he had Booth up stairs; he told me he and the name of the assassin, to the citizens; was on the sofa or lounge. it spread through the village in a quarter of Mudd stated, at our first interview, that an hour. Some of the citizens asked me if the men remained but a short time; after-I knew for a certainty it was J. Wilkes ward his wife told me that they had staid Booth, and I told them yes, as near as a till about 3 or 4 o'clock, on Saturday after person could know any thing. noon. I asked Mudd if the men had much money about them. He said they had considerable greenbacks; and, in this connection, although I did not ask him if he had been paid for setting the man's leg, he said it was On Monday, the 17th of April, in comcustomary to make a charge to strangers in pany with some cavalry, I proceeded to Sursuch a case. When Dr. Mudd said he had rattsville. On the next day, Tuesday, I arshown the men the way across the swamps, rived at Dr. Mudd's. He was not at home, I understood him to refer to the swamps a and his wife sent for him. I asked if any thousand yards in the rear of his own house. strangers had been that way, and he said He told us that the men went to the Rev. there had not. Some of the officers then Dr. Wilmer's, or inquired for Parson Wil- talked with him. I think he stated that he mer's; that he took them to the swamps; that first heard of the assassination of the Presithey were on their way to Allen's Fresh; but I paid no attention to this at the time, as I considered it was a blind to throw us off our track. We, however, afterward searched

For the Prosecution.-May 17.

dent at church, on the Sunday morning. He seemed to be uneasy, and unwilling to give us any information without being asked directly.

On Friday, the 21st, we went there again had a shawl round his shoulders. Dr. Mudd for the purpose of arresting Dr. Mudd. He said that on leaving they asked him the was not at home, but his wife sent for him. road to Parson Wilmer's, and that he had I asked him concerning the two men who shown them the way down to the swamp. had been at his house, one of them having a I did not pay much attention to their going broken leg. He then said that they had to Parson Wilmer's at first, because Ï been there. I asked him if those men were thought it was to throw us off the track; not Booth and Herold. He said they were not. He said he knew Booth, having been introduced to him last fall by a man by the name of Thompson, I believe.

After we had arrested him, and were on our way to Bryantown, I showed him Booth's picture, and asked him if that looked like the man who had his leg broken. After looking at the picture a little while, he said it did not; he did not remember the features: after awhile, however, he said it looked something like Booth across the eyes.

At our second visit to Dr. Mudd's house, I informed Mrs. Mudd that we had to search the house She then said

Mr. EWING. You need not state what Mrs. Mudd said.

The JUDGE ADVOCATE. Any thing that was said in Dr. Mudd's presence is admissible. The witness continued. This was said, I believe, in Dr. Mudd's presence. She said that the man with the broken leg had left his boot in the bed. She then went and brought the boot down. It was a long riding-boot, with "J. Wilkes" and the maker's Dame, Broadway, N. Y.," written inside. The boot was cut some ten inches from the instep.

Dr. Mudd said that the men had arrived before daybreak, and that they went away on foot between 3 and 4 o'clock on the afternoon of Saturday. He had set the man's leg, and had had crutches made for him by one of his men.

Cross-examined by MR. STONE.

but we followed the road as far as we could, after which we divided ourselves, and went all through the different swamp roads. The road is not much frequented. We found horses' tracks, but not such as satisfied me that they were the tracks of these men, and we heard nothing of them on the road. We got to the Rev. Mr. Wilmer's, I think, on the Wednesday evening. We were acting under the orders of Major O'Beirne, and Lieutenant Lovett had charge of our squad.

SIMON GAVACAN.

For the Prosecution.-May 17.

I was at Dr. Mudd's house on the forenoon of Tuesday, the 18th of April, in pursuit of the murderers of the President. We inquired if two men passed there on the Saturday morning after the assassination, and Dr. Mudd said no. Then we inquired more particularly if two men had been there, one having his leg fractured. He said yes. In answer to our questions, he told us that they had come about 4, or half-past 4, on Saturday morning, and rapped at his door; that he was a little alarmed at the noise, but came down and let them in; that he and the other person assisted the man with the broken leg into the house, and that he attended to the fractured leg as well as he could, though he had not much facilities for doing so. I believe he said the wounded person staid on the sofa for awhile, and after that was taken up stairs, and remained there until between 3 and 5 o'clock in the Lieutenant Lovett was present at this con- afternoon of Saturday. He said that he versation. I believe it was on Friday that went out with the other man to find a buggy Dr. Mudd said that the first knowledge he to take away the wounded man, but could had of the assassination was received at not get one. I understood him to say that church on the Sunday before. I asked him on leaving his house they first inquired the the question on Friday, if "two strangers" road to Allen's Fresh, and also to, the Rev. had been there. He said that there had Dr. Wilmer's, and that he took them part been. Two men had come there at day-of the way to show them the road. He told break; one, a smooth-faced young man, ap- us he did not know the persons at all. parently seventeen or eighteen years of age, On Friday, the 21st, we went to Dr. and that he had set the leg of one of them. Mudd's again, for the purpose of arrestThey had come to his door and knocked, ing him and searching his house. He was and he had looked out of the window up not in, but his wife sent for him. stairs, and asked them who they were. I he came, we told him that we would have believe he said their reply was that they to search his house. His wife then went up were friends, and wanted to come in. Dr. stairs and brought down a boot and a razor. Mudd then came down stairs, and, with the Inside the leg of the boot we found the assistance of the young man, got the wounded words. "J. Wilkes." We asked him if he man off his horse into the parlor, and ex- thought that was Booth, and he said he amined his leg on the sofa. The wounded thought not. He said the man had whisman had a moustache, he said, and pretty kers on, but that he thought he shaved off long chin-whiskers. I asked him if he his moustache up stairs. When we inquired thought the whiskers were natural. He of him if he knew Booth, he said that he said he could not tell. The injured man was introduced to him last fall by a man

When