[A telegraphic dispatch was handed to the witness.]

This is the original dispatch that was
handed to me by John Wilkes Booth, at the
St. Nicholas Hotel, New York, to be sent to
Washington. It reads:

NEW YORK, March 23, 1865.
To Weichmann, Esq., 541 H Street:
Tell John to telegraph number and street
at once. [Signed] J. BOOTH.

It was sent on the 23d. I remember
Booth's signing "J. Booth," instead of John
Wilkes Booth, knowing that to be his name;
I noticed at the time that Wilkes was left out.
[A photograph of Booth was exhibited to the witness.]

This is the gentleman who handed the dispatch to me.

MISS HONORA FITZPATRICK.
For the Prosecution.-May 22.

Cross-examined by MR. AIKEN.

town, and Lloyd got out, it was misty and When the two carriages passed at Unionraining a little. The carriages were two or three yards apart, I suppose. I never looked out of the carriage at all after Mr. Lloyd left it, and Lloyd said nothing to me about his conversation with Mrs. Surratt.

Mrs. Surratt arrived at Mr. Lloyd's about 4 o'clock on the afternoon of the 14th. I had a conversation with her before Mr. Lloyd came in.

Q. Did you learn any thing of her business there that day?

Assistant Judge Advocate BINGHAM objected to the question. Statements of Mrs. Surratt, in the absence of Mr. Lloyd, were not admissible.

WITNESS. Mrs. Surratt gave me no charge in reference to her business, only concerning her farm, and she gave me no packages.

Q. During your visit to Mr. Lloyd's, did you ever hear any conversation there with reference to "shooting-irons ?"

jected to the question. The witness had Assistant Judge Advocate BINGHAM obalready stated that she did not hear the conversation between Mr. Lloyd and Mrs. Sur

I resided at the house of Mrs. Mary E. Surratt, the prisoner at the bar, last winter. During the month of March last, I saw John Wilkes Booth and John H. Surratt there, and of the prisoners, Mr. Wood, [pointing to the prisoner, Lewis Payne,] I do not know him by any other name, and Mr. Atzerodt [pointing to the accused, George A. Atzerodt.] I never saw David E. Herold there. I only question, in order to impeach the credibility Mr. Aiken claimed the right to ask the Baw Mr. Wood at Mrs. Surratt's twice; once of the previous witness, Lloyd.

was in March. Atzerodt was there but a short time; he staid over night once.

Some time in March, in company with Mr. Surratt, Wood, [Payne,] and Miss Dean, I went to Ford's Theater. I do not know what box we occupied, but think it was an upper box.

John Wilkes Booth came into the box while we were there. The day after this visit to the theater I went to Baltimore, and was absent for about a week.

MRS. EMMA OFFUTT.

For the Prosecution.-May 17.

ratt.

The Commission sustained the objection.

MAJOR H. W. SMITH.

For the Prosecution.-May 19.

I was in charge of the party that took possession of Mrs. Surratt's house, 541 H Street, on the night of the 17th of April, and arrested Mrs. Surratt, Miss Surratt, Miss Fitzpatrick, and Miss Jenkins. When I went up the steps, and rang the bell of the house, Mrs. Surratt came to the window, and said, "Is that you, Mr. Kirby?" The reply On Tuesday, the 11th of April, I was in was that it was not Mr. Kirby, and to open the carriage with Mr. Lloyd, my brother-in-the door. She opened the door, and I asked, law. When somewhere about Uniontown"Are you Mrs. Surratt?" She said, "I am we met Mrs. Surratt. Our carriage passed the widow of John H. Surratt." And I before we recognized that it was her, when added, "The mother of John H. Surratt, Mr. Lloyd got out. Whether Mrs. Surratt jr.?" She replied, "I am." I then said, called him I do not know. I did not hear "I come to arrest you and all in your house, their conversation, for I was some distance off.

and take you for examination to General Augur's head-quarters." No inquiry what On Friday, the 14th, I saw Mrs. Surratt at ever was made as to the cause of the arrest. Mr. Lloyd's house. She came into the par- While we were there, Payne came to the lor. Mr. Lloyd had been to Marlboro that house. I questioned him in regard to his day, attending court; he had just returned, occupation, and what business he had at the and had brought some oysters and fresh fish house that time of night. He stated that he with him, and had driven round to the back was a laborer, and had come there to dig a part of the yard. Having occasion to go gutter at the request of Mrs. Surratt. I went through to the back part of the house, she to the parlor door, and said, "Mrs. Surratt, came with me, and I saw her and Mr. Lloyd will you step here a minute?" She came conversing together in the back yard. I paid out, and I asked her, "Do you know this no attention at all to them, and could not man, and did you hire him to come and dig tell a word that passed between them. a gutter for you?" She answered, raising

R. C. MORGAN.

her right hand, "Before God, sir, I do not know this man, and have never seen him, For the Prosecution.-May 19. and I did not hire him to dig a gutter for me." Payne said nothing. I then placed On the night of the 17th of April, I was in him under arrest, and told him he was so the service of the War Department, acting suspicious a character that I should send him under the orders of Colonel Olcott, special to Colonel Wells, at General Augur's head- commissioner of that department. About quarters, for further examination. Payne was standing in full view of Mrs. Surratt, and within three paces of her, when she denied knowing him.

Cross-examined by MR. AIKEN.

A variety of photographs were found in a photograph-album and in various parts of Mrs. Surratt's house.

twenty minutes past 11 o'clock, on the evening of the 17th of April, Colonel Olcott gave me instructions to go to the house of Mrs. Surratt, 541 H Street, and superintend the seizing of papers, and the arrest of the inmates of the house. I arrived there about half-past 11 o'clock, and found Major Smith, Captain Wermerskirch, and some other officers, who had been there about ten minutes. The inmates Payne was dressed that night in a gray were in the parlor, about ready to leave. coat, black pantaloons, and rather a fine pair I had sent out for a carriage to take the of boots. He had on his head a gray shirt- women arrested in the house to head-quarsleeve, hanging over at the side. His panta-ters, when I heard a knock and a ring at the loons were rolled up over the tops of his door. At the same time Captain Wermersboots; on one leg only, I believe.

I have known some loyal people who have had in their possession photographs of the leaders of the rebellion. I can not say that I have seen on exhibition at bookstores, or advertised by newspaper dealers and keepers of photographs, cartes-de-visite of the leaders of the rebellion. I have seen photographs of Booth, but only since this trial.

Re-examined by the JUDGE ADVOCATE. Payne was dressed at the time in a gray coat and black pantaloons.

[Exhibiting to the witness a brown and white mixed

coat.]

That is the coat Payne wore, to the best of my belief.

By MR. DOSTER.

kirch and myself stepped forward and opened the door, when the prisoner, Payne, [pointing to Lewis Payne,] came in with a pickaxe over his shoulder, dressed in a gray coat, gray vest, black pants, and a hat made out of, I should judge, the sleeve of a shirt or the leg of a drawer. As soon as he came in, I immediately shut the door. Said he, "Í guess I am mistaken." Said I, "Whom do you want to see?" "Mrs. Surratt," said he "You are right; walk in." He took a seat, and I asked him what he came there at this time

of night for. He said he came to dig a gutter; Mrs. Surratt had sent for him. I asked him when. He said, "In the morning." I asked him where he last worked. He said, "Sometimes on I Street." I asked him where he boarded. He said he had no boarding-house; he was a poor man, who got his living with the pick. I put my hand on the much do you make a day?" pick-axe while talking to him. Said I, "How "Sometimes nothing at all; sometimes a dollar; sometimes a dollar and a half." Said I, "Have you any money?" "Not a cent," he replied. The coat now shown me is the one worn I asked him why he came at this time of night by Payne on the night of his arrest. I rec- to go to work. He said he simply called to ognize it by the buttons. All that was wanting in the other coat was the buttons, but it was difficult in the light in which I was standing to tell. The coat just shown me is the one.

I am certain that this is the coat; I remember it by its color and general look. As near as I could judge by the light that was in the hall at the time, that was the coat. [Submitting to the witness a dark-gray coat.]

[The gray coat was offered in evidence.]

By MR. AIKEN.

find out what time he should go to work in the morning. I asked him if he had any previous acquaintance with Mrs. Surratt He said, "No." Then I asked him why she selected him. He said she knew he was working around the neighborhood, and was a poor man, and came to him. I asked him how old he was. He said, "About twenty." I think, if I saw a gentleman dressed in I asked him where he was from. He said black, with a white neck-cloth, representing he was from Fauquier County, Virginia. himself as a Baptist preacher, and two months Previous to this he pulled out an oath of afterward I met the same person, with a shirt- allegiance, and on the oath of allegiance was, sleeve on his head, an old gray coat, his "Lewis Payne, Fauquier County, Virginia.' pantaloons stuffed into his boots, with a I asked him if he was from the South. He pickaxe on his shoulder, presenting him- said he was. I asked him when he left self as a laborer, and in the night-time, I there. "Some time ago; in the month of think that, were I very familiar with his February," I think he said. I asked him countenance, I should recognize him as the what he left for. He said he would have to same person. go in the army, and he preferred earning his

iving by the pickaxe. I asked him if he to Lewis Payne] is the man of whom I speak, could read. He said, "No." I asked him and Mrs. Surratt [pointing to the prisoner, if he could write. He said he could manage Mary E. Surratt] is the woman of whom I to write his name. speak.

Cross-examined by MR. AIKEN.

I then told him he would have to go up to the Provost Marshal's office and explain. He moved at that, but did not answer. The I made a search of Mrs Surratt's house, carriage had returned then that had taken and found a number of photographs, papers, off the women, and I ordered Thomas Sam- a bullet-mold, and some percussion-caps. The son and Mr. Rosch to take him up to the bullet-mold and percussion-caps were found Provost Marshal's office. He was then taken in the back room of the lower floor, which, up and searched. I then proceeded, with I believe, was Mrs. Surratt's room. Major Smith and Captain Wermerskirch, to search through the house for papers, and remained there until 3 o'clock in the morning.

(A pickaxe was here exhibited to the witness.]

That is the pickaxe he had on his shoulder.

[It was then offered in evidence.]

When Payne knocked at the door, Mrs. Surratt and the inmates of the house were all in the parlor, prepared to leave. Mrs. Surratt had been directed to get the bonnets and shawls of the rest of the persons in the house, so that they could not communicate with each other

The next morning I went down to the house and found cartes-de-visite of Jefferson Davis, Beauregard, and Alexander H. Stephens; and Lieutenant Dempsey, the officer in charge, showed me a photograph of J. Wilkes Booth, that he had found behind a picture, which he turned over to the Provost Marshal.

[An envelope containing two photographs of General Beauregard, one of Jefferson Davis, one of Alexander H. Stephens, and a card with the arms of the State of Virginia and two Confederate flags emblazoned thereon, with the inscription

**Thus will it over be with tyrants,

Virginia the Mighty,

Sic Semper Tyrannis."]

I found cartes-de-visite, lithographic ones I think, but got up in the same shape as photographic cartes-de-visite, of Jefferson Davis, Alexander H. Stephens and Beauregard. I also saw a photograph of General McClellan there.

When Mrs. Surratt made the asseveration

with regard to Payne, I was standing in the hall, very near the front parlor; she was in the parlor very near the hall-door, or standing in the door-way.

that the carriage was ready to take her to the When Major Smith informed Mrs. Surratt Provost Marshal's office, she requested a minute or so to kneel down and pray. She knelt down; whether she prayed or not I can not tell. Payne was dressed in a dark coat; pants that seemed to be black, and of a pair of drawers, on his head, that made seemingly a shirt-sleeve, or the lower part a very closely-fitting head-dress, hanging down about six or seven inches.

(The prisoner, Lewis Payne, by direction of the Judge Advocate, was then dressed in a dark-gray coat, and a shirt-sleeve for a head-dress.]

That is the coat he wore, and that is the way he had the head-dress on. I would not positively swear to the coat, but it is as near

I found all these at the house of Mrs. the color and shape of that coat as can be. Surratt

Cross-examined by Mr. AIKEN.

[The coat and shirt-sleeve were put in evidence.] He was full of mud, up to his knees, nearly. I have seen, in Baltimore, in booksellers, I do not recollect having seen photographs stores, pictures of Jefferson Davis, Alexander of J. Wilkes Booth at book-stores before the H. Stephens, etc., exhibited for sale; and I assassination of the President; and I never have seen photographs of Booth in the hands had photographs of Jefferson Davis and of persons, but only in the hands of those other prominent leaders of the rebellion in who took an interest in having him arrested. my hand, until I had these, found at Mrs. I do not remember seeing a photograph of Surratt's. I have not seen people with photo-him before the assassination. graphs of these men since the rebellion, If I had seen a person dressed genteelly though they might have had them before.

in black clothes, with a white neckerchief, representing himself as a Baptist minister, I think I would recognize him in the garb Payne wore, for he had taken no particular just the same as it does now, and the only pains to disguise himself; his face looked difference was in the clothes.

By MR. CLAMPITT.

CAPTAIN W. M. WERMERSKIRCH. For the Prosecution.-May 19. On the night of the 17th of April I was at the house of Mrs. Surratt, in this city, and was present when the prisoner, Payne, came in, about midnight. Major Smith asked Mrs. Surratt whether she knew him, and Mrs. Surratt, in the presence of Payne, held up one or both her hands, and said, "Before God, I have never seen that man before. I have not hired him; I do not know any thing about him;" or words to that effect. The prisoner at the bar [pointing ing, Noon, and Night, was exhibited to the witness.] [A small framed colored lithograph, representing Morn

house-in the front parlor, in the back parlor, The photographs were found all over the and in the two rooms up stairs. There were three albums containing photographs, besides loose pictures.

I saw this picture in Mrs. Surratt's house, | ularly; and I have seen some of eminent in the back room of the lower floor, standing actors-Forrest, Macready, and others-exon the mantel-piece, I believe. I left it there, posed for sale at different places. I was a because I did not think any thing of it. This prisoner for thirteen months, and during that picture was all that was visible.

LIEUTENANT JOHN W. DEMPSEY.
For the Prosecution.-May 19.
[Exhibiting to the witness the picture Morn, Noon, and
Night.]

I found this in the back room of the first

floor of Mrs. Surratt's house. The back part was all sealed, and my curiosity was excited by noticing a piece torn off the back. I opened the back and found the likeness of J. Wilkes Booth, with the word "Booth" written in pencil on the back of it.

Cross-examined by MR. AIKEN.

I may have seen photographs of Davis, Lee, and other leaders of the rebellion in newspapers-the Sunday newspapers partic-|

time I saw a good many of the leaders of the rebellion, both personally and in pictures, but I have not seen them in the loyal states, except as I have mentioned.

Recalled for the Prosecution.-June 3.

[A photograph of J. Wilkes Booth, side view, was exhibited to the witness.]

back of the picture "Morn, Noon, and Night,"
This is the photograph I found at the
which was found on the mantel-piece in the
back room of the first floor, known, I believe,

as Mrs. Surratt's room. It was marked, in
The pencil words, "J.
pencil, "Booth."
Wilkes Booth," I wrote when I found it. I
showed the photograph to an officer in the
house, and then turned it over to Colonel
Ingraham.

[The picture and photograph were put in evidence.]

DEFENSE OF MRS. MARY E. SURRATT,

GEORGE COTTINGHAM.
For the Defense.-May 25.

By MR. AIKEN.

was as much as he could do to carry himself, as his leg was broken. Then Booth told Lloyd, "I have murdered the President;" and Herold said, "I have fixed off Seward." He I am special officer on Major O'Beirne's told me this when he came from Bryantown, force, and was engaged in making arrests on his way to Washington, with a squad of after the assassination. After the arrest of cavalry; I was in the house when he came John M. Lloyd by my partner, Joshua A. in. He commenced crying and hallooing Lloyd, he was placed in my charge at Roby's out, "O, Mrs. Surratt, that vile woman, she Post-office, Surrattsville. For two days after has ruined me! I am to be shot! I am to his arrest Mr. Lloyd denied knowing any thing be shot!" about the assassination. I told him that I I asked Lloyd where Booth's carbine was; was perfectly satisfied he knew about it, and he told me it was up stairs in a little room, had a heavy load on his mind, and that the where Mrs. Surratt kept some bags. I went sooner he got rid of it the better. He then up into the room and hunted about, but could said to me, "O, my God, if I was to make not find it. It was at last found behind the a confession, they would murder me!" I plastering of the wall. The carbine was in asked, "Who would murder you?" He re- a bag, and had been suspended by a string plied, "These parties that are in this con- tied round the muzzle of the carbine; the spiracy." "Well," said I, "if you are afraid string had broken, and the carbine had fallen of being murdered, and let these fellows get down. We did not find it where Lloyd told me out of it, that is your business, not mine." He seemed to be very much excited.

it was. When Lloyd made these statements to me no one was present but Mr. Jenkins, a brother of Mrs. Surratt's. Lloyd said that Mrs. Surratt spoke about the fire-arms between 4 and 5 o'clock on the day of the assassination.

Lloyd stated to me that Mrs. Surratt had come down to his place on Friday between 4 and 5 o'clock; that she told him to have the fire-arms ready; that two men would call for them at 12 o'clock, and that two men did At the last interview I had with him, when call; that Herold dismounted from his horse, he came to the house to go to Washing went into Lloyd's tavern, and told him to go ton, he cried bitterly, and threw his hands up and get those fire-arms. The fire-arms, he over his wife's neck, and hallooed for his stated, were brought down; Herold took one, prayer-book. Lloyd's wife and Mrs. Offutt and Booth's carbine was carried out to him; were in the room, and heard all the conver. but Booth said he could not carry his, it sation.

Recalled for the Defense.-May 25.

By MR. AIKEN.

Q. Will you state the precise language that Lloyd used with reference to Mrs. Surratt in his confession to you?

The Judge Advocate objected to the repetition of the question. Mr. Aiken stated that he proposed to follow it up by asking the witness if he had not made a different statement to him (Mr. Aiken) in reference to what Lloyd had said. "I ask the witness now what I stated to him."

Q. Then you gave me to understand, and you are ready now to swear to it, that you told me a lie?

A. Undoubtedly I told you, a lie there; for I thought you had no business to ask me. Q. No business! As my witness, had I not a right to have the truth from you?

A. I told you you might call me into court; and I state here that I did lie to you; but when put on my oath I will tell the truth.

MRS. EMMA OFFUTT.

Recalled for the Defense.-June 13.
By MR. AIKEN.

WITNESS. I met Mr. Aiken at the Metropolitan Hotel on Saturday evening last, I think. He asked me to take a drink. I went up and drank with him. He then said, On the evening of the 14th of April, Mr. I am going to have you as a witness in Lloyd was very much in liquor, more so than this case." He asked me to sit down on a I have ever seen him in my life. I insisted sofa and have some conversation. I said no; on his lying down, and I had to help him it would not look well for me to be sitting take off his coat. In a few minutes he got there, but I would go outside and take a up and said he was too sick, and would go walk When we went outside, the first ques- into the dining-room; but he went into the tion Mr. Aiken put to me was, whether I bar-room after that. For the last four or was a Catholic. I said I was not. We five months I have noticed his drinking walked along, and he said, "Lloyd has made freely.

ratt, "That vile woman, she has ruined me."

a confession to you." Said I, "Yes." He I did not hear his full confession to Capthen said, "Will you not state that confes- tain Cottingham; but I heard some remarks sion to me?" I declined to do it, but told he made on the Sunday night when he was him he might ask any questions, and I would brought up from Bryantown, on his way to answer them. He put the question to me, if Washington. I was there all the time, and Lloyd had stated that Mrs. Surratt had I did not hear him say, referring to Mrs. Surcome down there and told him to have the fire-arms ready. I said not. I had an object in that answer. I am now on my oath, and when on my oath I speak the truth, and I can have witnesses to prove what I saysix cavalrymen, Mr. Lloyd's wife, and Mrs. Offutt. He wanted to pick facts out of me in the case, but that is not my business; I am an officer, and I did not want to let him know any thing either way; I wanted to come here to the Court and state every thing WITNESS. After I left here the other day, that I knew. I told him distinctly that I thought of my reply to a question that would not give him that confession; that I was asked me, and it has been on my mind had no right to do so. ever since, and I requested Mr. Aiken to mention it to the Court.

Q. Did I ask you if Mr. Lloyd, in his confession, said any thing at all in reference to Mrs. Surratt? .

A. You asked me first whether Lloyd had made a confession to me, and I said, "Yes." Said you, "What is that confession? I should like to know it." My answer to you was, "I decline giving you that confession; but if you will ask a question, I will answer you." That question you put to me, and I answered; I said "No."

Mr. AIKEN. I wish to state to the Court that at the time Mrs. Offutt gave her testimony before, she came here very unwell. If I have been correctly informed, she had been suffering severely from sickness, and had taken considerable laudanum. Her mind was considerably confused at the time, and she now wishes to correct her testimony in an important particular.

in.

I was asked by the Judge Advocate if Mrs. Surratt handed me a package, and I said "No;" but she did hand me a package, and said she was requested to leave it there. That was about half-past 5 o'clock, and before Mr. Lloyd came in. After that I saw the package lying on the sofa in the parlor. Shortly afterward Mr. Lloyd came When I saw Mrs. Surratt and Mr. Lloyd talking together at the buggy in the yard, I was in and out all the time. I did not see Mr. Lloyd go into the parlor, but I saw him on the piazza, and I think from that that he must have gone into the parlor. He had a A. I told you the same thing over again in package in his hand, but I did not see Mrs. the witness-room, when you asked me, before Surratt give it to him. After the package I came up on the stand. It is a part of my was handed to me, it might have been taken business (I am a detective officer) to gain by Mrs. Surratt and handed to Lloyd, but I my object. I obtained the confession from did not see her give it to him. Lloyd through strategy.

Q. That Mr. Lloyd did not say so?
A. I did say so. I do not deny that.
Q. Then what did you tell me this afternoon
with reference to it?

I learned from Mrs. Surratt that she would