Assistant Judge Advocate BINGHAM objected to the question, and it was waived.

JOSHUA S. NAYLOR.

For the Defense.-May 30.

By MR. EWING.

I reside in the Eighth Election District, Prince George's County, Md. I have known Daniel J. Thomas since he was a boy. His general reputation for truth and veracity in that neighborhood is bad, and such that I would not believe him under oath. His reputation is that he never tells the truth if a lie

will answer his purpose better; and, though it is hard to say it of any man, I could not

believe him under oath.

Cross-examined by the JUDGE ADVOCATE.

DANIEL W. HAWKINS.

For the Defense.-June 9.

By MR. EWING.

I am by profession a lawyer. I live about four miles and a half from Bryantown, in Charles County. I have known Mr. Daniel J. Thomas from ten to fifteen years. His general reputation in the community for truth and veracity is not very good. If I were a juror or a judge, I should think it very unsafe to convict on his evidence. I should have very serious doubts about his oath.

Mudd; and I can say that I do not know a I am very well acquainted with Dr. George more loyal man than he in the State of Maryland. My attitude toward the Government during the war has been strictly loyal; and I have been a supporter of the GovernI can not say that he is reputed to be a ment in its war measures from the comloyal and an honest man in his neighbor-mencement of the rebellion. hood. As to his loyalty, he is sometimes one thing and sometimes another, just as the prospects of the different parties seem to be going. During the latter part of the rebellion, he has pretended to be a warm supporter of the Government, and he may have been sincere; but, from what others have told me, he said to them he was not during the early part of the rebellion.

I never heard him speak under oath, and can not say that I have ever heard' him charged with swearing falsely.

By MR. EWING.

JOSEPH WATERS.

For the Defense.-May 9.

By MR. EWING.

I live at Gallant Green, Charles County, Maryland. I have known Daniel J. Thomas from childhood. His general reputation in the community for truth and veracity is very bad; and from my knowledge of his repu

tation I do not think I could believe him under oath.

I have known Dr. Mudd from childhood. His reputation as a citizen has been very I have been a supporter of the Govern- good, as far as I know. I have never known ment and the Administration of the United States at all times and under all circum any thing against him. I have not been in stances. Dr. George Mudd I have heard but have been a loyal man throughout the any way engaged in aiding the rebellion, spoken of as a good Union man, and a sup-war. porter of the Government in the war against the rebellion

JOHN WATERS.

For the Defense.—May 9.
By MR. EWING.

FRANK WARD.

For the Defense.-May 9.
By MR. EWING.

I live at Horsehead, Prince George's County, Maryland. I have known Daniel J. Thomas ever since he was a boy. His repuI live in Charles County, Maryland. I tation for veracity in the community is pretty have been loyal to the Union, and a sup- bad. I can not say that Mr. Thomas has porter of the Government in the prosecution been a loyal man throughout the war. of the war. is first one thing and then another; some

He

I have known Daniel J. Thomas from a times Union and sometimes disloyal. boy. His reputation for truth and veracity has not been very good; I think the people Cross-examined by ASSISTANT JUDGE ADVOCATE generally regard him as not very truthful.

BINGHAM.

I am acquainted with the prisoner, Dr. I voted for McClellan. I do not recollect Samuel Mudd; his reputation in the com- whether I voted for Harris for Congress or gunity, as a citizen, has been very good. not; I certainly did not rejoice at the sucBefore the arrest of Dr. Mudd, I think I saw cess of the rebels at the first battle of Bull Ir. Thomas with a hand-bill in his hand, ffering a reward for the arrest of the assas De or their accomplices. That, I believe, as on the Tuesday after the assassination the President.

Run.

By ASSISTANT JUDGE ADVOCATE Burnett. I have heard many persons speak in r ence to the reputation of Mr. Thomas

can not recollect exactly what they said. live about five miles from Mr. Thomas.

By MR. EWING.

IIn that view, it is of great consequence to the accused to be able to show that he came here on business unconnected with Booth, for the purpose of rebutting the presumption or

My knowledge of his reputation was ob- inference unfavorable to him which might be tained before this trial commenced.

IN WASHINGTON, DECEMBER 23, 1864.

JEREMIAH T. Mudd.

For the Defense.—May 26.

By MR. EWING.

drawn from the fact of his having met Booth here. That alleged meeting with Booth has been put in evidence as part of the res gesta of the conspiracy; on any other ground, it would have been irrelevant and inadmissible. We have a right to show that Dr. Mudd came to the city that time for other purposes; we have a right to show the acts that he did, in order to establish that his visit was a legitimate business visit to Washington. There

I reside in Charles County, Maryland, fore it is that we ask who took the things about a mile and a half from Dr. Samuel down; and we expect to show that he ar A. Mudd. Dr. Mudd and myself went to ranged, before starting from home, to have Washington together on the morning of the the things which he was coming here to pur23d of December last. I recollect the date chase hauled down, and that therefore he distinctly, because we got home on the 24th, came here on legitimate business. Christmas eve. It was a little in the night Assistant Judge Advocate BINGHAM. If when we arrived in Washington; we put up the gentleman had shown that this man was our horses near the Navy Yard, and went with Booth on that day, I could see someto the Pennsylvania House, registering our thing in his argument; but as it is, it does names for lodgings. We went to a restau- not amount to any thing.

rant on the avenue, now Dubant's, I think, Mr. EWING. But I assure you we expect for supper, and staid there possibly an hour. to follow this up by testimony which will We then went to Brown's Hotel, and after- conclusively establish that he could not have ward to the National Hotel, and there was a been with Booth upon any other day between tremendous crowd there, and we got separated. that day and the assassination of the Presi I met a friend at the National, conversed dent. with him a short time, then went down the Assistant Judge Advocate BINGHAM. They avenue and visited some clothing stores, and undertake to prove by this witness that he returned to the Pennsylvania House. Dr. could not have been with Booth then; this Mudd came in there shortly after me, and five-minute operation is introduced for that we went to bed. There was no one with purpose, as I understand. But now, in order him when I first saw him, as he came to make out something, for some purpose I through the folding doors to the room where can not comprehend, they propose to prove I was; but there may have been some few that this man bought crockery or something persons in the adjoining room from which that day in town, and got somebody to haul he came. it home. That has nothing in the world to do

The next morning I went with Dr. Mudd with this case. The amount of it all is, that to purchase a cooking stove, and then we we have introduced testimony here to prove separated, he to make some little purchases this man's association with Booth in Washfor himself, and I to buy some clothing, etc.;ington, in another month, at the National but we saw each other repeatedly, every Hotel. If they can disprove that, well and ten or fifteen minutes, till about 1 o'clock. good; but it does not tend to disprove it, and Then we went together down to the Navy does not tend to throw any light on the subYard for our horses, and left the city about ject, to show that, in December, (another 3 o'clock.

time altogether than that stated by our wit ness for the meeting of Booth and Mudd, which the Court will remember was aboui the middle of January,) Mudd bought car tain things, and hired somebody to take them home. All that has nothing to do with the

case.

The Commission overruled the objection. WITNESS. I took a portion of them my self. The stove was to have been taken dow by Mr. Lucas, who had come to the marke to sell a load of poultry, and was then m market with his wagon. His taking th stove depended upon his selling his poultry it was a dull market, and Dr. Mudd and went three times to see if he had sold out, s that he could take it.

I have known Dr. Mudd from early youth. | ple by which the ascertainment of truth is His general character for peace, order, and sought, can be received. I wish to state good citizenship in the neighborhood in most distinctly to the Court that I desire which he resides is exemplary; he has al- the utmost latitude of inquiry indulged in, ways been amiable and estimable, a good and that every thing shall be introduced neighbor, honest and correct. I never in all which tends in any manner to illustrate the my life heard any thing to the contrary. I defense which is made for these prisoners. I think him humane and kind to his servants; wish no technical objection, and shall never I have lived very close to him all my life; make one, and, if made, I trust it will never he is so regarded universally, I believe. He be sustained by this Court. did not work them hard either; at least they did not do a great deal of work.

The Commission sustained the objection.
Cross-examined by the JUDGE ADVOCATE.

I remember Booth being in that county; I saw him at Church at Bryantown in the latter part of November or early in Decem- tion for loyalty to the Government of the I really do not know Dr. Mudd's reputaber last. I noticed a stranger there, and inquired who he was, and was told that his United States during this war. I have myname was Booth, a great tragedian. From self heard him say that he did not desire the description of him, and from his photo-known of any disloyal act of his, and never graph, I am satisfied it was the same man. heard of any. I never, that I am aware of, only know what I heard others say about heard any disloyal sentiments expressed by

to see two Governments here. I have never

his business there-the common talk. Q. What was the common talk? Assistant Judge Advocate BINGHAM. The opposed to the policy of the Administration. witness need not state what the common talk I do not know that he has been open and was. It is not competent evidence to under- undisguised in his opposition to the endeav take to prove common talk about a party bellion. ors of the Government to suppress the renot on trial here. For the past two or three years Mr. EWING. May it please the Court, I our people have had no disposition to talk know it is the object of the Government to time I would seldom talk about it with any about the rebellion or the war. For a long give the accused here liberal opportunities of presenting their defense. I am sure the one; and would not send to the post-office Judge Advocate does not intend, by drawing would not read them-just look over them for my papers perhaps for a week, and then the reins of the rules of evidence tight, to shut out testimony which might fairly go to that the State of Maryland had been false to on Sunday. I never heard Dr. Mudd say relieve the accused of the accusations made her duty in not going with other States in against them. I think it is better, not only the rebellion against the Government; and for them, but for the Government, whose majesty has been violated, and whose law I never saw Confederate soldiers at his you are about to enforce, that there should house. I did hear of his shooting one of his be liberality in allowing these parties to pre- I heard it was only a flesh wound. I do servants, and do not doubt that it was true. sent whatever defense they have to offer. We wish to show that Booth was in that not know that the boy is lame still; I do county ostensibly, according to the common not think I have seen him since. understanding of the neighborhood, for the purpose of selecting and investing in lands. We introduce this as explanatory of his I heard that the servant who was shot meeting with Dr. Mudd, whose family, as we was obstreperous; that he had been ordered expect to show, were large land-holders, and to do something which he refused to do, and anxious to dispose of their lands, and I trust started to go away; that the Doctor had his to the liberality of the Court to allow us to shot-gun with him, and he thought he would prove it. shoot him to frighten him, and make him stop and come back. The Doctor told me so himself. I believe he shot the boy somewhere in the leg.

him. I have heard him express sentiments

By MR. EWING,

The JUDGE ADVOCATE. I wish certainly the utmost liberality in the introduction of the testimony of the defense here, and I hope the Court will maintain it. If I at any time fall I have heard Dr. Mudd make use of exshort myself of maintaining that spirit, I pressions in opposition to the policy of the trust the Court will do it. I think, however, Administration, but only in reference to the in this case there is no principle of evidence emancipation policy. He was a large slavethat will admit the mere talk of a neighbor- owner-and his father-too, and I suppose did hood. Any fact which any witness knows, not want to lose his property; this I supending to show for what purpose Booth was pose to be the cause of his uncompromising there, no matter what that fact may be, is opposition to the emancipation policy of the admissible; but a mere idle rumor, of which Government. I never in my life heard you can not take hold, on which you can violent expression from him; it is not in his ot cross-question, in regard to which you character; nor did he ever indulge in can not speak, it seems to me, on no princi- denunciations of the Government.

Recalled for the Defense.-May 27.
By MR. EWING.

I have seen the handwriting of Dr. Samuel A. Mudd frequently, and am acquainted with it.

Exhibiting to the witness the register of the Pennsyl

vania House, heretofore produced.]

and the name of Dr. Samuel A. Mudd does not appear on it for the month of January. I have never, to my knowledge, seen the accused, Samuel A. Mudd, before. He may have stopped at the house and I not know him, but his name would certainly be on the register; for no one is allowed to stop one night without registering his name. Persons I recognize his handwriting on the page often come in to take a meal, and pay when open before me; it is dated Friday, December, they go out, and do not register their names. 23, 1864. The book is the Pennsylvania I-find the name "Samuel A. Mudd" entered House register, with which I am very famil- under date of December 23, 1864, and also iar, having repeatedly registered my name in J. T. Mudd;" they both occupied the same it for years past. We went into the hotel together, and I registered my name two names above his. I do not know at what Cross-examined by ASSISTANT JUDGE ADVOCATE hotel Dr. Mudd was in the habit of stopping BINGHAM.

J. H. MONTGOMERY.

room.

when he went to Washington. He had I do not know who slept with Atzerodt at some relatives there, and I frequently heard the Pennsylvania House on the night of the of his staying the night with them. I never President's assassination; I was in bed that was in Washington with him before. night. The next morning I saw the name of "Samuel Thomas" entered on the book; further than that I do not know. It was the rule of the house that the porter was never to allow a person to go to bed without registering his name; and I have never known the rule to be violated. The register does not show how long Dr. Mudd remained at the house in December; the cash-book would show that.

For the Defense.-May 29.

By MR. EWING.

I am acquainted with the prisoner, Dr. Samuel A. Mudd. On the 22d of last December, I think, the Thursday morning before Christmas, he asked me if I could bring a stove from Washington for him. I told him that Lucas, who hucksters for me and drives my wagon, could bring it down. Lucas went up on Wednesday, and was to come down on Thursday, but he did not come till Friday, and returned the same day.

FRANCIS LUCAS.

For the Defense.—May 26.

By MR. STONE.

[By request of Mr. EWING, the witness retired to examof Dr. Mudd after December 23d.] ine the register of the Pennsylvania House for the name

I have examined the register from the last entry of Dr. Mudd's name on the 23d of December, 1864, up to this month, May, and his name does not appear at all.

JULIA ANN BLOYCE (colored.)
For the Defense.-May 20
By MR. EWING.

I am a huckster, and live about two miles I went to live at Dr. Sam Mudd's on the from Bryantown, Maryland. On Christmas eve last, Dr. Mudd came to me in market day they call Twelfth Day after the Christand asked me to take a stove down for him; last Christmas. I used to cook, and wash, mas before last, and left two days before this I promised to do so, if I could. He came and iron, clean up the house, and sometimes to me two or three times to tell me not to wait on the table. I never saw Andrew forget it; and I finally told him it was out Gwynn, nor any Confederate officers or solof my power to take it. diers about Dr. Mudd's house, and never saw Cross-examined by ASSISTANT JUDGE ADVOCATE a man called Surratt there, nor heard the name mentioned.

BINGHAM.

I have never seen that man at Dr. Mudd's. I have seen Ben. Gwynn, but I did not see him at Dr. Mudd's last year. I did not hear his name nor Andrew Gwynn's mentioned.

Dr. Mudd was very kind to us all. I lived with him a year, and he treated me very kindly; never gave me a cross word, nor any of the rest that I know of. I did not hear of his whipping Mary Simms; he never struck her nor any of the others a lick, through the whole year. I believe she left because Mrs. Mudd told her not to go out walking one Sunday evening; but she would, and the

next morning Mrs. Mudd gave her about selves except during the night. Mr. Andrew three licks with a little switch, but the switch Gwynn was an intimate friend of ours, very was small, and I don't believe the licks could fond of music, and he spent two evenings have hurt her. The general opinion of Mary with us at my father's. He left that year, and Simms among the colored people is, that I have not seen him since, nor have I heard she is not a very great truth-teller. I know of his being at my brother's. I never heard she is not, because she told lies on me. The of a Captain Perry, or Lieutenant Perry, or colored folks think the same of Milo Simms of any Confederate soldiers being about my as of Mary; if he got angry with you, he brother's house. My father's house is about would tell a lie on you to get satisfaction. thirty or thirty-two miles from Washington. I never heard Dr. Mudd say any thing Cross-examined by ASSISTANT JUDGE ADVOCATE against the Government or Mr. Lincoln.

BINGHAM.

On the day I left, two days before Christmas, Dr. Mudd went away early in the mornI think I heard of Booth being at my ing, and his wife told me he was gone to brother's in the early part of last November. Washington to get a cooking stove. Since II do not know personally that my brother left Dr. Mudd's, I have been living in Bryan- was at home on the 1st of March; I did not town with Mr. Ward.

MUDD'S WHEREABOUTS, March 1–5.

FANNIE MUDD.

For the Defense.-June 5.

By MR. EWING.

see him at all on that day. I do not know the officer who enrolled the names of those in our neighborhood subject to the draft, nor did I say any thing at all to the enrolling officers as they passed by, or were at my father's house.

By MR. EWING.

I know that it was the 1st of March that my sister was taken sick, because it was Ash Dr. Samuel A. Mudd, the accused, is my lics to go to church that day, if possible, to Wednesday, and it is customary with Cathobrother. I know of my brother's whereabouts from the 1st to the 4th of March last. prepare for the penitential season of Lent, On the 1st of March my sister was taken and we were Catholics, and were particularly sick, and on the morning of the 2d my father anxious to go to church. My sister attempted sent to her room early to know how she to rise that morning, but was not able; and a felt. She sent him word that she felt very main at home. second time attempted, but was obliged to rebadly, and was afraid she had the small-pox. My father immediately dressed, and went for my brother, and he came there with my father and took breakfast with us. On the 3d, my brother came in between 11 and 12 to see my sister, and took dinner with us. As he had not his medical case with him, having come in from the barn, where he had been stripping tobacco, he went home for it, and came back with the medicine for my sister. On the 4th he came to dinner again, and on the 5th, Sunday, he was at my father's in the evening, in company with Dr. Blanford, my brother-in-law.

I did not meet Booth when he was at Bryantown, but I saw him in church; he sat in Dr. Queen's pew, with his family.

MRS. EMILY MUDD.

For the Defense.—June 5.
By MR. EWING.

I live at the house of Mr. Henry L. Mudd, the father of the prisoner, Samuel A. Mudd. On Thursday, the 2d of March, Dr. Samuel Mudd was summoned very early in the morning to see his sister, who was sick, and I did not see my brother on the 1st of again on the next day, the 3d. He came March, but I am pretty sure he was at home. over about 12 o'clock that day and dined I am confident my brother was not absent with us, and finding his sister much worse, from home at any time between the 1st and he came over again in the evening and 5th of March. We live very near, about brought her some medicine. He was there half a mile distant, and we go backward and again on Saturday to see her, and took dinforward sometimes twice a day.

ner again; and I think he was there on I was in the habit of visiting my brother's Saturday afternoon. I am positive of the Louse very frequently last summer, and the dates from the fact that the 1st of March, summer previous. I never saw or heard of when the prisoner's sister was sick, was Ash John H. Surratt being there. I heard of Wednesday, and she could not go to church. Booth being there once, probably in Novem- I am sure that Dr. Samuel Mudd was not ber; but I did not see him. Since this trial from home at any time between the 1st and commenced, I have heard that he was there the 5th of March; he was attending his sick twice. sister, and was not absent from home at all.

I knew of three gentlemen, Mr. Jerry I know Andrew Gwynn, but have not seen Dyer, Andrew Gwynn, and Bennett Gwynn, him since the fall of 1860. He was in the sleeping in the pines near my brother s house, habit of visiting the house of Dr. Mudd's in 1861; I do not think they secreted them- father before that, but has not, to my knowl.