Booth's leg was broken, I felt sure it was myself." The door was opened, and I directed Booth that I fired at; for when the men in the Herold to put out his hands; I took hold of barn were summoned to surrender, the reply his wrists and pulled him out of the barn. I of the one who spoke was that his leg was then put my revolver under my arm and ran broken, and that he was alone. I knew also, my hands down him to see if he had any from his desperate language, that he would arms, and he had none. I then said to him. not be taken alive, and such remarks, that it" Have you got any weapons at all about was Booth, for I believe no other man would you?" He said, "Nothing at all but this," act in such a way. pulling out of his pocket a piece of a map of Virginia. Just at this time the shot was fired and the door thrown open, and I dragged Herold into the barn with me. Booth had fallen on his back. The soldiers and two detectives who were there went into the barn and carried out Booth. I took charge of Herold; and when I got him outside he said, Cross-examined by MR. STONE. From the conversation in the barn, I judge that Herold was at first anxious to surrender, and upon Booth's refusing to do so, I rather thought he desired to stay with him; but I can not say whether it was before or after that that Booth declared before his Maker that the man with him was innocent of any crime whatever. Let me go away; let me go around here; I will not leave; I will not go away." Said I, "No, sir." Said he to me, "Who is that that I wish to state here, as improper motives has been shot in there in the barn?" “Why," have been imputed to me for the act I did, said I, "you know well who it is." Said he, that I twice offered to my commanding officer," No, I do not; he told me his name was Lieutenant Doherty, and once to Mr. Conger, Boyd." Said I, "It is Booth, and you know to go into the barn and take the man, saying it." Said he, "No, I did not know it; I did that I was not afraid to go in and take him; not know that it was Booth." it was less dangerous to go in and fight him I then took him and tied him by the hands than to stand before a crack exposed to his to a tree opposite, about two yards from where fire, where I could not see him, although he Booth's body was carried, on the verandah could see me; but I was not sent in. Im- of the house, and kept him there until we mediately when the fire was lit, our positions were ready to return. Booth in the mean time were reversed; I could see him, but he could died, and I sewed him up in a blanket. Previ not see me. It was not through fear at all ous to this I had sent some cavalry for the that I shot him, but because it was my im-doctor; and we got a negro who lives about a pression that it was time the man was shot; mile from there, with a wagon, and put the for I thought he would do harm to our men body on board the wagon, and started for Belle in trying to fight his way through that den, if Plain. I did not. CAPT. EDWARD DOHERTY. For the Prosecution.-May 22. I had command of the detachment of the Sixteenth New York Cavalry that captured Booth and Herold. JUDGE ADVOCATE. The circumstances of the capture having been fully detailed by other witnesses, I will ask you to state the part you took, if any, in the capture of the prisoner Herold, and all he said on that occasion. WITNESS. There had been considerable conversation with reference to the arms that Booth and Herold had inside of Garrett's barn. Herold told me afterward that he met this man by accident about seven miles from Washington, between 11 and 12 o'clock on the night of the murder. He said that after they met they went to Mathias Point, and crossed the Potomac there. He did not mention the houses at which they stopped. Dr. Stewart's house was mentioned by some one as a place at which they had stopped, but whether it was by Herold or not I do not remember. Cross-examined by MR. STONE. Booth said, while in the barn, that he was the only guilty man, and that this man Herold was innocent, or words to that effect. Herold. made no resistance after he was captured. We requested Booth and Herold to come out of the barn. Booth at first denied that SURGEON-GENERAL J. K. BARNES. there was anybody there but himself, but For the Prosecution.-May 20. finally he said, "Captain, there is a man here who wishes to surrender awful bad." Mr. I examined the body of J. Wilkes Booth Baker, one of the detectives who was there, after his death, when he was brought to this said, "Let him hand out his arms." I stood city. He had a scar upon the large muscle by the door and said, "Hand out your arms of the left side of his neck, three inches below and you can come out." Herold replied, "I the ear, occasioned by an operation performed have no arms." Mr. Baker said, "We know by Dr. May of this city for the removal of a exactly what you have got." I said, "We tumor some months previous to Booth's death. had better let him out." Mr. Baker said, It looked like the scar of a burn instead of "No, wait until Mr. Conger comes here." I an incision, which Dr. May explained by the said, "No; open that door," directing a man fact that the wound was torn open on the stage to open the door; "I will take that man out when nearly well. DEFENSE OF DAVID E. HEROLD. CAPTAIN ELI D. EDMONDS, U. S. N.-May 27. | E. Herold, well. During last February, I was home, my wife being sick, and I saw the prisoner a good deal then; I may have seen By MR. STONE. I know David E. Herold, one of the pris-him every day, except, perhaps, four or five. oners; I saw him at his home in Washing- I consider his character very boyish. I see ton on the 20th and 21st of February. I am him often with boys; he is very fond of positive in my recollection of it. their company, and never associates with He is fond of sport, gunning, dogs, etc. FRANCIS S. WALSH.-May 30. men. EMMA HEROLD.-May 30. By MR. STONE. I am sister of David E. Herold. I know I reside in Washington, on Eighth Street, east. I have known the prisoner, David E. Herold, since he was a boy; have known him intimately since October, 1863. I am a that my brother was home on the 15th of druggist, and employed Herold as a clerk February last; I remember it from my haveleven months. During this time, he lived ing sent him a valentine, which he received in my house, and I knew of nothing ob- on the 15th; and my sisters talked with him jectionable in his character. He was light about it. I also knew that he was at home and trifling in a great many things, more on the 19th of February; it was the Sunday like a boy than a man, but I never saw any after Valentine's day. I remember taking a thing to find fault with in his moral char- pitcher of water up stairs, and my brother acter. He was temperate in his habits, and met me in the passage and wanted it; but regular in his hours. He was easily per- I would not give it to him; he then tried to suaded and led, more than is usually, the take it from me, and we both got wet from case with young men of his age; I considered the water being spilled. He was also at him boyish in every respect. I should sup- home between those days. pose him to be about twenty-two years of age. JAMES NOKES.-May 30. MRS. MARY JENKINS.-May 30. I know the prisoner, David E. Herold. I have his re MRS. ELIZABETH POTTS.--May 30. I have lived in Washington since 1827; reside in that part called the Navy Yard. I have known the prisoner, Herold, from his birth-about twenty-three years, I believe. With his family I have been intimate for eighteen or nineteen years; there are seven children living, I believe, and he is the only boy. I have always looked upon him as a I know the accused, David E. Herold. I light and trifling boy; that very little relia- can not say whether he was in Washington bility was to be placed in him; and I consider on the 20th of last February, but I know him more easily influenced by those around he was there on the 19th, for he came to him than the generality of young men of his my house for his money. As I was not age. I have never heard him enter into any prepared, I told him I would send it to him argument on any subject in the world, like the next day, which I did, and I have his other young men; all his conversation was receipt for the money, dated the 20th. light and trifling. WILLIAM H. KEILOTZ.-May 30. I have lived next door to Mr. Herold for thirteen years, and know the prisoner, David DR. CHARLES W. DAVIS.-May 31. I reside in Washington City, near the Navy Yard. I was formerly in the Quartermaster's Department on General Wool's DR. SAMUEL A. H. McKıм.—May 31. By MR. STONE. staff. I have known the prisoner, Herold, from early boyhood, having lived a great part of the time next door. At present I live four or five squares off, but I see him fre- I reside in Washington City, the eastern quently. I do not know that I can describe part. I am acquainted with the prisoner, his character in better terms than to say that Herold; can scarcely say when I did not he is a boy; he is trifling, and always has know him; I have known him very well for been. There is very little of the man about the last six years. I consider him a very him. From what I know of him, I should light, trivial, unreliable boy; so much so say he is very easily persuaded and led; I that I would never let him put up a prescripshould think that nature had not endowed tion of mine if I could prevent it, feeling conhim with as much intellect as the generality fident he would tamper with it if he thought of people possess. I should think his age is he could play a joke on anybody. In about twenty-two or twenty-three, but I con- mind, I consider him about eleven years of sider him far more of a boy than a man. age. TESTIMONY CONCERNING EDWARD SPANGLER. JACOB RITTERSPAUGH, For the Prosecution.-May 19. I know the prisoner, Edward Spangler. He boarded where I did, at Mrs. Scott's, on the corner of Seventh and G Streets. He had no room in the house; he took his meals there, and slept at the theater. He used to keep his valise at the house, and when the detectives came and asked if Spangler had any thing there, I gave it to them. He had no clothes there, nothing but that valise; I do not know what it contained. I am commonly called Jake about the theater. I was standing on the stage behind the scenes on the night of the 14th, when some one called out that the President was shot, and directly I saw a man that had no hat on running toward the back door. me on the face with the back of his hand, The man of whom I speak is Edward Spangler, the prisoner at the bar. I did not see any one else go out before the man with the knife. A tall, stout man went out after me. Cross-examined by MR. EWING. When I heard the pistol fired I was standing in the center of the stage, listening to the Recalled for the Prosecution.-May 30. play, and Spangler was at the same place, just about ready to shove off the scenes; I I was a carpenter in Ford's Theater down stood nearest the door. I am certain we both to the 14th of April last, and was there on stood there when the pistol was fired. I did that night when the President was shot. He not at first know what had happened. Some occupied the upper box on the left-hand side one called out "Stop that man; and then I of the stage, the right as you come in from heard some one say that the President was the front. My business was to shift wings shot, and not till then did I know what had on the stage and pull them off, and fetch occurred. When I came back, Spangler was things out of the cellar when needed. at the same place where I had left him. There was a crowd in there by that time, both actors and strangers. When Spangler slapped me there were some of the actors near who had taken part in the play; one they called Jenny-I do not know what part she tookHe had a knife in his hand, and I ran to was standing perhaps three or four feet from stop him, and ran through the last entrance, me; I do not know whether she heard what and as I came up to him he tore the door he said; he did not say it so very loud. He open. I made for him, and he struck at me spoke in his usual tone, but he looked as if with the knife, and I jumped back then. He he was scared, and a kind of crying. I then ran out and slammed the door shut. I heard the people halloo, "Burn the theater!" then went to get the door open quick, and I "Hang him and shoot him!" I did not, thought it was a kind of fast; I could not that I know of, tell a number of persons what get it open. In a moment afterward I opened Spangler said when he slapped me. I did not the door, and the man had just got on his tell either of the Messrs. Ford; I told it to horse and was running down the alley; and nobody but Gifford, the boss. At Carroll then I came in. I came back on the stage Prison, the same week that I was released, where I had left Edward Spangler, and he hit I told him that Spangler said I should not say which way the man went. I told a de-ing-house. It was the next week after the tective that Spangler hit me in the mouth assassination. I did not search him; my with his open hand. I do not know his name; orders were to arrest him. he was one of Colonel Baker's men; had black whiskers and moustache, and weighed about one hundred and forty pounds, I should think. He came up to the house where I board in the afternoon of the day on which I was released, and I told him then. I have no recollection of telling any one else, though I might have said something at the table, and the rest might have heard. CHARLES H. ROSCH. For the Prosecution.-May 19. Spangler, I went, in company with two of After the arrest of the prisoner, Edward the Provost Marshal's detectives, to the house on the north-east corner of Seventh I saw Booth open the back door of the When we inquired for his trunk, we were and H Streets, where he took his meals. theater and shut it, but I did not know who told that he kept it at the theater; but the he was then; I did not see his face right. I man at the house handed us a carpet-bag, was the first person that got to the door after in which we found a piece of rope measur he left; I opened the door, but did not shut ing eighty-one feet, out of which the twist it. The big man that ran out after me might was very carefully taken. The bag was have been five or six yards from me when I locked, but we found a key that unlocked it. heard him, or it might have been somebody It contained nothing but the rope, some else, call out, "Which way?" I cried out, blank paper, and a dirty shirt-collar. I was "This way," and then ran out, leaving the not present when Spangler was arrested. I door open. By that time the man had got went to his house between 9 and 10 o'clock on his horse and gone off down the alley. I saw the big man outside, and have not seen on the night of Monday, April 17. him since. I did not take particular notice of him; but he was a tolerably tall man. It might have been two or three minutes after I went out till I came back to where Spangler was standing, and found him kind of scared, and as if he had been crying. I did not say any thing to him before he said that to me. It was Spangler's place, with another man, to shove the scenes on; he was where he ought to be to do the work he had to do. I did not hear any one call Booth's name. It was not till the people were all out, and I came out side, that I heard some say it was Booth, and some say it was not. Spangler and I boarded together; we went home to supper together, on the evening of the assassination, at 6 o'clock, and returned at 7. WILLIAM EATON. Recalled for the Prosecution.-May 19. I arrested the prisoner, Edward Spangler, in a house on the South-east corner, I think, of Seventh and H; I believe it was his board Cross-examined by MR. EWING. He It was a man called Jake, apparently a and that it was all he had at the house. German, that told me it was Spangler's bag, said he worked at the theater with Spangler. There were two other persons there, boarders I presume. We got the rope from a bed-room on the second floor that faced toward the south; the bag was right near where Jake had his trunk. I am satisfied that the coil of rope I see here now is the same that I took from Spangler's carpet-bagSee testimony of Jos. Burroughs alias "Peanuts," page 74 Mary Jane Anderson........ Joseph B. Stewart...... John E. Buckingham........ "L 75 75 75 79 80 81 73 DEFENSE OF EDWARD SPANGLER. C. D. HESS. For the Defense.-May 31. that theater as the one in which to commit the crime. The Commission sustained the objection. H. CLAY FORD. For the Defense.—May 31. I do not know that the fact of the Presi I am manager of Grover's Theater, and I have been in the habit of seeing John Wilkes Booth very frequently. On the day before the assassination he came into the office during the afternoon, interrupting me and On the 14th of April last I was treasurer of Ford's Theater. I returned to the theater the prompter of the theater in reading a manuscript. He seated himself in a chair, that day, when my brother, James R. Ford, from my breakfast about half-past 11 o'clock and entered into a conversation on the gen- told me that the President had engaged a eral illumination of the city that night. He asked me if I intended to illuminate. I said box for that night. John Wilkes Booth was yes, I should, to a certain extent; but that at the theater about half an hour afterward. the next night would be my great night of the illumination, that being the celebration dent's going to the theater that night was of the fall of Sumter. He then asked, "Do communicated to Booth, but I think it is you intend to" or Are you going to invite very likely he found it out while there. I the President?" My reply, I think, was, saw him going down the street while I was "Yes; that reminds me I must send that standing in the door of the theater; as he invitation." I had it in my mind for several came up he commenced talking to the parties days to invite the Presidential party that standing around. Mr. Raybold then went night, the 14th. I sent my invitation to into the theater and brought him out a letMrs. Lincoln. My notes were usually ad- ter that was there for him. He sat down on dressed to her, as the best means of accomthe steps and commenced reading it. This was about 12 o'clock. He staid there per plishing the object. Booth's manner, and his entering in the haps half an hour. I went into the office, way he did, struck me as rather peculiar. and when I came out again he was gone. He must have observed that we were busy, I told Mr. Ray bold about fixing up and and it was not usual for him to come into decorating the box for the President that the office and take a seat, unless he was night, but he had the neuralgia in his face, invited. He did upon this occasion, and and I fixed up the box in his place. I found made such a point of it that we were both two flags in the box already there, which I considerably surprised. He pushed the mat- got Mr. Raybold to help me put up. Anter so far that I got up and put the manu- other flag I got from the Treasury Depart seript away, and entered into conversation with him. It is customary in theaters to keep the passage-way between the scenes and the green-room and the dressing-rooms clear, but much depends upon the space there is for storing scenes and furniture. [The counsel was eliciting from the witness the position Grover's Theater, and the nature of the leap that an assasbox, when objection was made to the testimony as irreleTant.] of the box usually occupied by the President on visiting in would have to make in endeavoring to escape from the ment. It was the Treasury regimental flag. I put this blue regimental flag in the center, and the two American flags above. There was nothing unusual in the decorations of the box, except the picture of Washington placed on the pillar in the middle of the We box. This had never been used before. usually used small flags to decorate the box; but as General Grant was expected to come with the President, we borrowed this flag from the Treasury regiment to decorate with. Mr. EWING. I wish merely to show that, The furniture placed in the box consisted from the construction of Ford's Theater, it of one chair brought from the stage and a would be easier for the assassin to effect his sofa, a few chairs out of the reception-room, escape from Ford's Theater than it would be and a rocking chair, which belonged to the from Grover's. The purpose is plainly to same set, I had brought from my bed-room. show that Ford's Theater was selected by This chair had been in the reception-room, Booth, and why Ford's Theater is spoken of but the ushers sitting in it had greased it by him as the one where he intended to with their hair, and I had it removed to my capture or assassinate the President, and to room, it being a very nice chair. The only relieve the employees of Ford's Theater, Mr. reason for putting that chair in the box was Spangler among them, from the imputation that it belonged to the set, and I sent for it which naturally arises from Booth's selecting to make the box as neat as possible |