nold did, within the military department and military lines aforesaid, on or before the 6th day of March, A. D. 1865, and on divers other days and times between that day and the 15th day of April, A. D. 1865, combine, conspire with, and aid, counsel, abet, comfort, and support the said John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin, and their confederates in said unlawful, murderous, and traitorous conspiracy, and in the execution thereof as aforesaid.

And, in further prosecution of the said conspiracy, Mary E. Surratt did at Washington City, and within the military department, and the military lines aforesaid, on or before the 6th day of March, A. D. 1865, and on divers other days and times between that day and the 20th of April, a. D. 1865, receive, entertain, harbor and conceal, aid and assist the said John Wilkes Booth, David E. Harold, Lewis Payne, John II. Surratt, Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid, and with intent to aid, abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, as aforesaid; and in further prosecution of said conspiracy, the said Samuel A. Mudd did, at Washington City, and within the military department and military lines aforesaid, on or before the 6th day of March, A. D. 1865, and on divers other days and times between that day and the 20th day of April, a. D. 1865, advise, encourage, receive, entertain, harbor, and conceal, aid, and assist the said John Wilkes Booth, David E. Harold, Lewis Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and Samuel Arnold, and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid, and with intent to aid, abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, in pursuance of said conspiracy in manner aforesaid.

By order of the President of the United States.

J. HOLT, Judge-Advocate-General.

THE FINDING OF THE COURT.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
WASHINGTON, July 5, 1865.

To Major-General W. S. HANCOCK, U. S. Volunteers, commanding Middle
Military Division, Washington D. C.:

Whereas, By the Military Commission appointed in paragraph 4, Special Orders 211, dated War Department, Adjutant-General's Office, May 6, 1865, and of which Major-General David Hunter, United States Volunteers, is President, the following persons were tried and sentenced as hereinafter stated, as follows:

First.-David E. Harold.

Finding. Of the specification "Guilty," except combining, confederating, and conspiring with Edward Spangler, as to which part thereof " Not Guilty." Of the charge "Guilty," except the words of the charge that "he combined, confederated, and conspired with Edward Spangler," as to which part of the charge "Not Guilty."

Sentence. And the Commission therefore sentence him, the said David E. Harold, to be hanged by the neck until he is dead, at such time and place as the President of the United States shall direct, two-thirds of the members of the Commission concurring therein.

Second.-George A. Atzerodt.

Finding. Of the specification "Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this "Not Guilty."

Sentence. And the Commission does therefore sentence him, the said George A. Atzerodt, to be hanged by the neck until he is dead, at such time and place as the President of the United States shall direct, twothirds of the members of the Commission concurring therein.

Third.-Lewis Payne.

Finding. Of the specification "Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this not guilty. Of the charge "Not Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this not guilty.

Sentence. And the Commission does, therefore, sentence him, the said Lewis Payne, to be hanged by the neck until he be dead, at such time and place as the President of the United States shall direct; two-thirds of the members of the Commission concurring therein.

Fourth.-Mary E. Surratt.

Finding. Of the specification "Guilty," except as to the receiving, entertaining, harboring, and concealing Samuel Arnold and Michael O'Laughlin, and, except as to combining, confederating, and conspiring with Edward Spangler. Of this not guilty. Of the charge "Guilty," except as to combining, confederating, and conspiring with Edward Spangler. Of this not guilty.

Sentence. And the Commission does therefore sentence her, the said Mary E. Surratt, to be hanged by the neck until she be dead, at such time and place as the President of the United States shall direct, two-thirds of the members of the Commission concurring therein; and

Whereas, The President of the United States has approved the foregoing sentences in the following order, to wit:

EXECUTIVE MANSION, July 5, 1865.

The foregoing sentences in the cases of David E. Harold, George E. Atzerodt, Lewis Payne, and Mary E. Surratt, are hereby approved; and it is ordered that the sentences in the cases of David E. llarold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, be carried into execution by the proper military authority, under the direction of the Secretary of War, on the 7th day of July, 1865, between the hours of 10 o'clock a. M. and 2 o'clock P. M. of that day.

ANDREW JOHNSON President.

Therefore, You are hereby commanded to cause the foregoing sentences in the cases of David E. Harold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, to be duly execute iz accordance with the President's order. By command of the President of the United States.

E. D. TOWNSEND, Assistant Adjutant-General.

In the remaining cases of O'Laughlin, Spangler, Arnold, and Mudd, the findings and sentences are as follows:

Fifth.-Michael O'Laughlin.

Finding. Of the specification "Guilty," except the words thereof as follows: "And in the further prosecution of the conspiracy aforesaid, and its murderous and treasonable purposes aforesaid, on the nights of the 13th and 14th of April, A. D. 1865, at Washington City, and within the military department and military lines aforesaid, the said Michael O'Laughlin did then and there lie in wait for Ulysses S. Grant, then Lieutenant-General and Commander of the Armies of the United States, with intent then and there to kill and murder the said Ulysses S. Grant." Of said words," Not Guilty," and except "combining, confederating, and

conspiring with Edward Spangler." Of this not guilty. Of the charge "Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this not guilty.

Sentence.-The Commission sentence Michael O'Laughlin to be imprisoned at hard labor for life.

Sixth.-Edward Spangler.

Finding. Of the specification, "Not Guilty," except as to the words, "the said Edward Spangler, on said 14th day of April, A. D. 1865, at about the same hour of that day as aforesaid, within said military department and the military lines aforesaid, did aid and abet him," meaning John Wilkes Booth, "in making his escape, after the said Abraham Lincoln had been murdered in the manner aforesaid," and of these words, "Guilty." Of the charge, not guilty, but guilty of having feloniously and traitorously aided and abetted John Wilkes Booth in making his escape after having killed and murdered Abraham Lincoln, President of tho United States-he, the said Edward Spangler, at the time of aiding and abetting as aforesaid, well knowing that the said Abraham Lincoln, President as aforesaid, had been murdered by the said John Wilkes Booth as aforesaid.

The Commission sentenced Spangler to be confined at hard labor for six years.

Seventh.-Samuel Arnold. Of the specifications

Guilty-Except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.

Of the charge

Guilty-Except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.

The Commission sentence him to imprisonment at hard labor for life. Eighth.-Samuel A. Mudd. Of the specification—

Guilty-Except combining, confederating, and conspiring with Edward Spangler; of this not guilty; and excepting receiving and entertaining, and harboring and concealing said Lewis Payne, John II. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and Samuel Arnold; of this, not guilty. Of the charge "Guilty," except combining, confederating, and conspiring with Edward Spangler; of this, not guilty. Sentence. The Commission sentenced Dr. Mudd to be imprisoned at hard labor for life.

The President's order in these cases is as follows:

It is further ordered that the prisoners, Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, be confined at hard labor in the penitentiary at Albany, New York, during the period designated in their respective sentences.

ANDREW JOHNSON, President.

The sentences were duly executed, except the Dry Tortugas was substituted for the Albany Penitentiary, for the imprisonment of Arnold, Mudd, Spangler, and O'Laughlin.

51

INDEX

Adams, C. F.-remonstrance against depart | Arbitary arrests-action of Government, &;