but that he did not consider that oath bind- you summoned to prove it." They said, "No, ing upon any person. we did not hear you then." Said I, "Will Before that I had said to Dr. Mudd that you give me a piece of paper to show that I he, having taken the oath, ought not to say mentioned it to you before the assassination?" such things about the President. He said "No," they said, they did not hear it; because he did not consider the oath worth a chew they were afraid I would have them sumof tobacco. It was in consequence of such moned. expressions, and knowing that Mr. Downing| had been a justice of the peace, that I wanted to know if he considered the oath binding. I said nothing to Mr. Downing about my being a marshal or deputy marshal, or about my having a commission from General Wallace, or of having received any letters from him.

I certainly did not say to Eli J. Watson, on the 1st of June, before meeting these gentlemen, that I wanted him to certify that I had been the cause of the arrest of Dr. Mudd, I told my brother of the conversation I or that I had given any information which had had with Dr. Mudd at Church or before led to his arrest, and for which I was entitled Church. I told Mr. Watson when he was at to $25,000, for I never did give any informa my mother's one day. When I mentioned it tion which led to the arrest of Dr. Mudd, to him, he laughed heartily; after that I Dr. Mudd was arrested before I knew it. could not help laughing. He said, "Dr. never thought of such a thing as being enti Mudd only did that to scare you. Every-tled to a reward. I looked upon Colonel body knows that such a thing is never going to come to pass."

Recalled for the Prosecution.-June 6.

I was at William Watson's door-yard, near When I was on the stand before, Mr. Horsehead, on the 1st of June, with John Stone wanted to know if I had mentioned R. Richardson, Benjamin J. Naylor, George the conversation with Dr. Mudd to any one Lynch, Lemuel Watson, and William Wat- before the assassination. When these men son, when James W. Richards, the magis- told me that I had mentioned this conversa trate, rode up. I did not state to Mr. Richards tion to them before the assassination, I then that I had been asking any of these gentle- asked them if they would sign a paper to man for a certificate to the fact that I was show the Court that I had mentioned it be the first to give information which led to the fore. That was my object in asking them to arrest of Dr. Samuel Mudd, and that if they sign, and that is the only paper I asked them would give me a certificate I should be en- to sign. titled to the reward of $10,000; but what I did say was, that I had been told in Washington, by some of Colonel Baker's men, that I was entitled to so much reward if Dr. About the 1st or 2d of March last-cer-dr Mudd was convicted. But I said that I never tainly before inauguration day I saw Dr. expected or looked for a cent, but that I Samuel Mudd, with whom I have a slight ac would be very glad to receive the reward if quaintance, drive past me as I was driving to it were so. I knew these fellows said it in a the city in the morning. He passed me, joke, and I told it as a joke. I did not tell Mr. Richards that I had been saying that I was the person who gave the information that led to the arrest of Dr. Mudd. As it had been said that if I had told anybody before the assassination, I would be entitled to a certain part of the reward if Dr. Samuel Mudd was convicted, I inquired of them if I have seen Dr. Mudd at different times they thought I would be entitled to it; but for the last fifteen years, though I never was I never did ask them for a certificate of the introduced to him. I have, I think, met Dr. fact that I had given the information. I Mudd at different places in the city, and at told them that I had mentioned it to some the National Hotel. Last winter I saw him persons before and to some since the assas- go into the house of Mrs. Surratt on H Street Bination. I do not myself remember whether I could not say positively where the house it was before or after the assassination. is; it may be between Ninth and Te Q. And you did not ask either of the gen- Streets, or between Eighth and Nin tlemen I have named for a certificate of the somewhere along there. fact that you were the first person who gave man, and a lady w

the information which led to Dr. Samuel whose hou

Mudd's arrest.

A. Never. I just said to them, "You can the

Bay I mentioned it before the assassination you can give me a certificate, and I will

under the Government to arrest deserters son I supposed was the Doctor I saw about and disloyalists wherever I find them. I am a quarter of 4 o'clock. I am personally a detective. I wish to discharge my duty acquainted with Dr. Mudd, and have been so toward the Government to the best of my for two years and five months.

ability, but have never received one cent for any duty of that kind.

[This witness was exceedingly discursive, and his examination was consequently very lengthy. The above narra. tion contains all the material facts testified to.]

JOHN H. WARD.

For the Prosecution.-May 20.

FRANK BLOYCE (colored.)

For the Prosecution.-May 20.

I live in Charles County, Maryland, about half a mile from Bryantown. I was in Bryantown on Saturday evening after the murder of the President, and saw Dr. Samuel Mudd there between 3 and 4 o'clock. I was in the store buying something when Dr. Mudd came in.

Cross-examined by MR. EWING.

MRS. ELEANOR BLOYCE (colored.)

For the Prosecution.-May 19.

I live in the suburbs of Bryantown, Maryland. On Saturday, the 15th of April, I went to the village as soon as I had finished my dinner, and was there at about 1 o'clock. As soon as I arrived, I observed that the military were in town with Lieutenant Dana, know what time Dr. Mudd left. Before I left Bryantown before night. I do not and that there was great excitement among night the place was guarded, and I heard the people as well as the military. I went that the President had been assassinated. home, expecting that the soldiers would search the houses. Soon afterward a negro came up and said the President had been assassinated. I immediately left home and went again to the village. There I heard I know the prisoner, Dr. Mudd; he lives of the assassination. I also heard that the about four miles from Bryantown, where I assassin's name was Booth. It was spoken live. I saw him on the 15th of April last, of by everybody at Bryantown; first by the riding into Bryantown late in the afternoon. military, and then by the citizens, and it was There was a gentleman with him when he spread about that Booth was the assassin. I heard this, I suppose, between 1 and 2 o'clock. The village was put under martial law, and many of the people began to be excited about getting home, and made application to the commanding officer to let them go, but

he refused to do so. I went home.

I think I saw Dr. Samuel Mudd there, but the excitement was so great that I can not say positively that I did.

Cross-examined by MR. EWING.

I could not tell precisely the time 1 left Bryantown, the second time I went up, but I suppose it was between 2 and 3 o'clock. I did not hear that the President had been assassinated the first time before I left Bryantown; the first intimation I had of it was by the darkey.

"Boose" was the name of the assassin, as spoken by the soldiers who were not familiar with language; they could not say Booth.

By MR. EWING.

Those who spoke audibly, told me that his name was Booth, and those who seemed to have an amalgamation of the languages called it "Boose."

passed. I do not know that they went into town together; they were together until they were out of my sight. It was but a short time until Dr. Mudd returned. When he came back the gentleman was not with him. About eight or ten minutes after I saw him I went into town myself. On arriving there found the soldiers from Washington, and then I heard of the murder of the President; that he was shot on Friday night at the theater. I did not hear who shot him.

I

Cross-examined by MR. STONE.

When Dr. Mudd passed the first time, I saw a gentleman with him; when he returned, I did not see the gentleman with him. I was too far from the road to know what kind of looking gentleman he was. I reckon I live about a quarter of a mile from the road. I went to Bryantown in a yery short time after he passed my house. I do not think Dr. Mudd staid in Bryantown a quarter of an hour, but I do not know, as I have not any thing to tell by; it was a dark, drizzly, foggy evening, getting late.

I could not tell whether it was an old or young gentleman with the Doctor, he ap peared to be riding a bay horse; I think the The darkey who told me that the Presi- Doctor was riding a dark-gray horse, but I dent was assassinated was Charles Bloyce, did not take much notice. They were riding a brother to the one who has just testified. side by side at a tolerable gait, not faster When he told me that the President had been than persons usually ride in the country. assassinated, I immediately left home, and I live on the right of the road that leads went to the village, where I found it a current up to Dr. Mudd's. There is no road that report. He did not tell me who did it. turns out between my house and Bryantown, My house, I suppose, is four or five miles and the man that was with Dr. Mudd was from Dr. Mudd's. I could not state posi-obliged to go through Bryantown, or come tively that it was Dr. Mudd I saw; the per- back the same way as he went. I was not

at the door all the time. I happened to be see Mr. Booth. I told him that Booth's atanding at the door when Dr. Mudd passed room was probably on the floor above, the and the gentleman with him, and when he number I did not know. My room having

returned alone.

MRS. BECKY BRISCOE (colored.)

thus been entered by a person apparently excited, I left my writing and followed the person partly through the hall. As he went For the Prosecution.-May 19. down the flight of stairs to the story below, I live at Mr. John McPherson's, about a his hasty apology and hasty departure that he turned and gave a look at me. It was quarter of a mile from Bryantown. I know made me follow him. On entering the courtDr. Samuel Mudd. On Saturday, the day after the President was murdered, about 3 room this morning, I pointed out to the Hon. o'clock, as I was standing in the kitchen-Horatio King the three prisoners I had seen door, I saw the Doctor riding into town with at the National Hotel-Dr. Mudd, Atzerodt, and O'Laughlin. When I pointed them out a strange gentleman. The gentleman went I did not know their names. toward the bridge, and the doctor kept on to Bryantown, and this gentleman came back again. He kept on down the road to the swamp, when I saw him again. He staid at the swamp till the Doctor came back, in about half an hour, I reckon. The bridge is in sight of the town, about half a mile off I went to town a very little while after the Doctor came back. I there heard of the murder of the President, but I did not hear until two or three days after that the man who killed him was named Booth.

Cross-examined by MR. STONE.

[See testimony of Marcus P. Norton, page 149.]

I recognize the person, Samuel A. Mudd, as the man who entered my room on that occasion. It was either he or a man exactly like him. I am enabled to fix the date when he entered my room, first by the fact of its being immediately before the inauguration, also that it was on the morning of the day on which I was preparing my papers to argue a motion, pending before the Supreme Court, in the case of John Stainthrop and Stephen C. Quinn against Wallis Hollister. I remember the motion was argued on the day the person I speak of entered my room. He had on a black coat. His hat, which he held in his hand, was, I think, a black one, but not a high-crowned hat.

Cross-examined by MR. EWING.

The swamp is on the other side of the house, just below the barn. Dr. Mudd and this man went along together, and the latter stopped at the bridge and came back again, and went as far as the swamp. I was down in the branch getting willows for Dr. Marshall, but not in the same branch the genMy impression is that it was after I heard tleman was in, but I could see over into that the conversation between Booth and Atzebranch. He was sitting there on the horse. rodt that Dr. Mudd entered my room, and I I saw him again going up the road with Dr. have no doubt it was on the 3d of March. Samuel Mudd. I think both of them were I occupied room No. 77 in the National on bay horses. They passed about 3 o'clock Hotel at the time. Dr. Mudd was dressed in in the afternoon. A boy who was cutting black; he had on a black coat, no overcoat, I think, and his hat, which he had in his wood at the wood-pile said, "There's a strange man going with Dr. Sam; I don't hand, was black; I think it was a hat someknow who he is.' thing like that, [pointing to the black silk I started for Bryantown when Dr. Mudd hat of the President on the table,] but not came back. The soldiers were in Bryantown so high.

By the COURT.

when I got there. I told my mother, who has just testified, that day of having seen When Dr. Mudd entered my room he this man with Dr. Mudd, and the next day seemed somewhat excited, or perhaps in a I also told Baker Johnson, Mr. Henry John- hurry rather. He said he had made a misson, and Maria Kirby about it. take in the room, and apologized in that way. The room I then occupied was No. 77. I had perhaps ten days before been removed from room No. 120.

MARCUS P. NORTON.

For the Prosecution.-June 3. By ASSISTANT JUDGE ADVOCATe Burnett. I was in in this city, stopping at the National Hotel, from about the 10th of January to the 10th of March last. While there I knew J. Wilkes Booth by sight, having seen him act several times at the theater.

I saw the accused, Samuel A. Mudd, under the following circumstances: A person hastily entered my room, on the morning of the 3d of March, I think. He appeared somewhat excited, made an apology, and said that he had made a mistake; that he wanted to

DEFENSE OF SAMUEL A. MUDD.

JOHN C. THOMPSON.

For the Defense.-May 26.

By MR. STONE

sonally, but am not intimately acquainted with him, or with his affairs. I do not know that Dr. Mudd owns lands, or whether he lives upon land that belongs to his father; I reside in Charles County, Maryland. I but I know that his father is an extensive had a slight acquaintance with a man named land-holder, and I told Mr. Booth that perBooth; I was introduced to him by Dr. haps he might be able to purchase land Queen, my father-in-law, about the latter from him. I saw the signature of the letter part of October last, or perhaps in Novem- of introduction Booth brought; it was Marber. He was brought to Dr. Queen's house tin, I believe; the first name I forget. Booth by his son Joseph. None of the family, I did not buy any lands in that neighborhood, believe, had ever seen or heard of him to my knowledge.

DR. WILLIAM T. BOWMAN.

For the Defense.—May 27.

By MR. EWING.

before; I know that I had not. He brought a letter of introduction to Dr. Queen from some one in Montreal, of the name of Martin, I think, who stated that this man Booth wanted to see the county. Booth's object in visiting the county was to purchase lands; he told me so himself, and made various I reside at Bryantown, Charles County, inquiries of me respecting the price of land Maryland. Some time in December last I there, and about the roads in Charles County. met J. Wilkes Booth at Church, near BryI told him that land varied in price from $5 antown. I was told it was Booth, the trage to $50 per acre; poor land being worth only dian. A few days afterward I saw him about $5, while land with improvements, or again in Bryantown. After speaking to one on a river, would be worth $50; but I could or two other persons, he asked me if I knew not give him much information in regard to any person who had any land to sell. I told these matters, and referred him to Henry him I had a tract which I should like to Mudd, Dr. Mudd's father, a large land-owner. dispose of, and took him to the window and He also inquired of me if there were any pointed out the place to him. I told him horses for sale in that neighborhood. I told the extent and price, etc. He asked me if I him that I did not know of any, for the had any horses to sell. I told him I had Government had been purchasing, and many several I would sell. He then said, "I will of the neighbors had been taking their be down in a couple of weeks and look at horses to Washington to sell. Booth told your land."

me, on the evening of his arrival at Dr. I have heard Dr. Mudd say he would like Queen's, that he had made some specula- to sell his land. Last summer, when he tions or was a share-holder in some oil lands could get no hands, he said he would sell. in Pennsylvania; and as well as I remem- I asked him what he expected to do in case ber, he told me that he had made a good he sold his land; he said he thought of deal of money out of it, and I did not know going into business in Benedict, on the Pa but that he came down there for the purpose tuxent River; it is in an easterly direction of investing. from Bryantown, and is our usual port for Charles County.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BINGHAM.

On the next morning, Sunday, I accompanied him and Dr. Queen to Church at Bryantown. I happened to see Dr. Samuel A. Mudd in front of the Church before entering, and spoke to him, and introduced Some four or five days after Booth was Mr. Booth to him. Mr. Booth staid at Dr. there, I saw Dr. Mudd. I told him I thought Queen's that night and the next day. About I should now sell my land. He asked me to the middle of the December following, if my whom I expected to sell. I told him there memory serves me, Mr. Booth came down a was a man by the name of Booth, who said second time to Dr. Queen's; he staid one he was coming down to look at it, when he night and left early next morning. I never said, "That fellow promised to buy mine." saw him but on these two occasions, and do not know whither he went when he left Dr. Queen's.

Cross-examined by ASSISTANT JUDGE ADVOCATE
BURNETT.

By MR. STONE.

The distance from Bryantown to the Pa tuxent is ten, miles. Matthias Point is the nearest crossing on the Potomac from Bry. antown, and that is from fifteen to sixteen I live about seven or eight miles from Dr. miles. It is about fifteen miles from BrySamuel A. Mudd. I know the Doctor per-antown to Pope's Creek, which is opposite