not have come down to Surrattsville that On Friday, the day of the murder of the day, had it not been for the letter she received; and I saw business transacted while she was there. Since January last I have met Mrs. Surratt several times. I never heard from her a word concerning any plot or conspiracy, and never heard any disloyal expressions from her. I know that Mrs. Surratt's sight is defective. On one occasion, last December, she came down to see her mother, who was lying very sick. On being told by a servant that Mrs. Surratt was coming toward the door, I went there to her, and said, “Why, Mrs. Surratt!" When she said, "O, Mrs. Offutt, is that you?" and then she added, "I can scarcely see." I led her into the parlor, and she told me that her eyes were failing very fast. GEORGE H. Calvert. For the Defense.-May 25. I reside in Bladensburg, and am acquainted with the prisoner, Mrs. Mary E. Surratt. On the 12th of April last I addressed a business letter to her. I addressed more than one to her, but the last was on the 12th of April. [Mr. AIKEN called upon the Government to produce the of the witness till it could be produced.] letter, stating that he would suspend further examination Recalled for the Defense.-May 26. [A letter was handed to the witness. Mrs. M. E. Surratt: RIVERSDALE, April 12, 1865. DEAR MADAM-During a late visit to the lower portion of the county, I ascertained of the willingness of Mr. Nothey to settle with you, and desire to call your attention to the fact, in urging the settlement of the claim of my late father's estate. However unpleasant, I must insist upon closing up this matter, as it is imperative, in an early settlement of the estate, which is necessary. President, as I was passing in my buggy, some one hailed me, and said Mrs. Surratt wanted to see me in the tavern. She gave me a letter for Mr. Nothey, and asked me to read it to him, which I did. I have transacted some business for her relative to the sale of lands her husband had sold to Mr. Nothey; and I have personal knowledge of Mr. Nothey buying land from Mrs. Surratt's late husband; I was privy to the transaction. About half-past 4 on that day, the 14th, I parted with Mr. Lloyd on the road from Marlboro, about five miles from Surrattsville, and did not see him afterward. He had been drinking right smartly. Recalled for the Defense.-May 26. [A letter was handed to the witness.] This is the letter I carried to Mr. Nothey from Mrs. Surratt, and which I read to him on the 14th of April: Mr. John Nothey: SURRATTSVILLE, MD., April 14, 1865. SIR-I have this day received a letter from Mr. Calvert, intimating that either you or your friend have represented to him that I am not willing to settle with you for the land. You know that I am ready, and have been waiting for the last two years; and now, if you do not come within the next ten days, I will settle with Mr. Calvert, and bring suit against you immediately. Mr. Calvert will give you a deed, on receiving payment. M. E. SURRATT, Administratrix of J. H. Surratt. JOHN NоTHEY. For the Defense.-May 26. By MR. AIKEN. I reside about fifteen miles from Washington, in Prince George's County. Some years ago I purchased seventy-five acres of land from Mr. John Surratt, sen. Mrs. Surratt You will, therefore, please inform me, at sent me word that she wanted me to come to your earliest convenience, as to how and Surrattsville to settle for this piece of land. when you will be able to pay the balance remaining due on the land purchased by your late husband. I am, dear madam, yours respectfully, That is the letter I addressed to Mrs. Surratt on the 12th of April. [The letter was read and offered in evidence.] B. F. GWYNN. For the Defense.-May 25. By MR. AIKEN. I owed her a part of the money on it. I met her there on Tuesday in regard to it. On Friday, the 14th of April, Mr. Gwynn brought me a letter from Mrs. Surratt, but I did not see her that day. JOSEPH T. NOTT. For the Defense.-May 30. For the past two or three months I have been tending bar at Mr. Lloyd's tavern at Surrattsville. On the 14th of April I saw Mr. Lloyd in I reside in Prince George's County, near the morning, and again at sundown. He Surrattsville. I have been acquainted with had been to Marlboro on that day; and when Mrs. Surratt seven or eight years. The returned, he brought some fish and oys BINGHAM. ters, which he carried round to the kitchen | Cross-examined by ASSISTANT JUDGE ADVOCATE in the back yard. For some weeks past Mr. Lloyd had been drinking a good deal; nearly every day, and night, too, he was pretty tight. came into the house, and lasted about five The conversation began directly Mr. Lloyd At times he had the appearance of an insane man from drink. I saw him at the buggy in which Mrs. Surratt was, assisting in fixing it. He was pretty tight that evening. By MR. CLAMPITT. Offutt were there. Lloyd told Cottingham minutes. Mr. Lloyd, Mrs. Lloyd, and Mrs. that he was innocently persuaded into this matter by Mrs. Surratt, or Mrs. Surratt's family, I believe he said, but I will not say positively that he said by whom, or that I first saw Mr. Lloyd that evening after Mrs. Surratt's name was mentioned in the bis return from Marlboro, driving round to conversation. Lloyd told Cottingham that the kitchen. I was at the stable, and coming the carbine was hid up stairs, and after Lloyd out I saw him going round there. Mr. was gone Mr. Cottingham went up for it. Weichmann was there, and Captain Bennett F. Gwynn drove up in front of the bar-room. Recalled for cross-examination.—June 2. By ASSISTANT JUDGE ADVOCATe Burnett. J. Z. JENKINS. By MR. AIKEN. I reside in Prince George's County, Maryland. I was at Mr. Lloyd's on the 14th, I have never, to my knowledge, done or aid any thing against the Government, or the Union party in Maryland, during this when Louis J. Weichman and Mrs. Surratt struggle. I have never taken sides with the drove up to the house. Mrs. Surratt showed secession element there, nor said any thing me a letter from George Calvert, also two against the officers of the Government or the judgments that Mr. Calvert obtained in the Executive. Circuit Court of our county against Mr. SurI know Mr. Edward Smoot. I do not ratt, sen. She said this letter brought her remember saying to him, after the murder of there, and I made out the interest on those the President, on his stating that John H. judgments for her. She expressed no wish Surratt was one of the murderers, that he to see John M. Lloyd, and she was ready to was undoubtedly in New York by that time; start some time before he came, and was on I may or may not have said so; and I might the point of going when Lloyd drove up have said, "John knows all about this mat- Her business was with Captain Gwynn, and ter;" but I do not recollect it; and I have when he came in sight she went back and no recollection whatever of saying that six staid. Lloyd was very much intoxicated at months ago I could have told all about this the time. matter; nor do I remember telling him not to mention any thing about the conversation I had had with him. I think if I had said so to Mr. Smoot, I should remember it, but do not. Indeed, I do not recollect seeing Mr. Smoot. By MR. AIKEN. I I may have seen Mr. Smoot on Saturday, the 15th of April last, but I have no recol lection of it; nor of any such conversation with him. By the COURT. I I do not think I rejoiced at the success of the rebels at the first battle of Bull Run. belong to the Catholic Church when I belong to any Church at all. I have not belonged to any Church for seven years. ANDREW KALLENBACH. I was present in the back room of Mr. My intercourse with Mrs. Surratt has been of an intimate character. She has never, to my knowledge, breathed a word that was disloyal toward the Government; nor have I ever heard her make any remark showing her to have knowledge of any plan or conspiracy to capture or assassinate the President or any member of the Government. I have known her frequently to give milk, tea, and such refreshments as she had in her house, to Union troops when they were passing. Sometimes she received pay for it; at other times she did not. I recollect when a large number of horses escaped from Giesboro, many of them were taken up and put on her premises. These horses were carefully kept and fed by She her, and afterward all were given up. received a receipt for giving them up, but never got any pay, to my knowledge. I know that Mrs. Surratt's eyesight is defective. I have seen a man by the name of A. S. Howell stopping, I believe twice, at Mrs. Surratt's hotel. He was stopping there as other travelers do. By MR. CLAMPITT. I saw Mrs. Surratt, at Surrattsville, a few town, at the time of his arrest. I did not days before the assassination of the Presi hear Lloyd say to Captain Cottingham, "Mrs. dent. Surratt, that vile woman, she has ruined me." Q. At that meeting did she not state to you, when you asked for the news, that our against the Government. I have been en army had captured General Lee's army and taken Richmond? Assistant Judge Advocate BURNETT objected to the question as incompetent and irrelevant. I tirely on the side of the Government during the whole war, and never, by act or word, have I aided or abetted the rebellion, and never has the scrawl of a pen gone from me across to them, nor from them to me. Mr. CLAMPITT stated that the object of the have never fed any of their soldiers, nor question was to show that the accused, Mary induced any soldiers to go into their army, E. Surratt, had, a few days before the assas-nor aided and assisted them in any way. sination, exhibited in her expressions a loyal feeling. Assistant Judge Advocate BURNETT stated that the way to prove her character for loyalty was by bringing witnesses who knew her reputation in that respect, and not by bringing in her own declarations. Mr. CLAMPITT waived the question. Mrs. Surratt's reputation for loyalty was very good. I never heard it questioned, and I never heard her express any disloyal sentiments. Re-examined by MR. AIKEN. I am under arrest, but I do not know what for. The commissioners of our county of be given, leading to the arrest of any party fered $2,000 for any information that could connected with the assassination, which Mr. Cottingham claimed on account of having arrested John M. Lloyd, and he asked me if I would not see the State's Attorney and see whether he could get it or not. When I said that Mr. Kallenbach ought Cross-examined by ASSISTANT JUDGE ADVOCATE to be a strong witness against my sister, on account of her bringing his children up, I spoke ironically. BINGHAM. J. Z. JENKINS. Recalled for the Defense.-June 7. By MR. AIKEN. Mrs. Surratt is my sister. I live about a mile and a half this side of her place. I was arrested by the Government about ten days ago. About 10 or 11 o'clock the night before, I met a man by the name of Kallenbach, and another by the name of Cottingham. All that I said on that occasion, that I remember, was that my sister had fed his In 1861, about the time of the first Bull family (Kallenbach's); but I did not say Run fight, I got a United States flag from that if Kallenbach or any one else testified Washington, which I and several of our against my sister, that I would send him to Union neighbors raised. There came a report hell, or see that they were put out of the shortly after that it was going to be taken way, nor did I use any threats against him down by the secesh sympathizers. I went in case he appeared as a witness against round the neighborhood and collected some Mrs. Surratt. What I did say was, that I twenty or thirty men with muskets, doubleunderstood he was a strong witness against barreled guns, or whatever they had, and my sister, which he ought to be, seeing that we lay all night round the flag to keep it up. she had raised his family of children. II was there one night and a day, I think. disremember calling him a liar during the At the time of the election, when they were conversation, and if there was any angry all Democrats round there except myself, I or excited conversation, I did not mean used money, when I had n't it to spare and it any how. He said nothing to me my family needed it, to get Union voters into about John H. Surratt going to Richmond Maryland. I remember bringing Richard with the full knowledge and consent of his Warner from the Navy Yard, Washington, mother. Mrs. Lloyd was there and heard to the polls. He had not been away long our conversation, and so also was Mr. Cot- enough to lose his vote. I have never had tingham. any intercourse, one way or another, with On the 14th of April, when Mrs. Surratt the enemies of my country. At the election was at Lloyd's, I saw Mr. Gwynn there, and for Congress, in 1862, I was not allowed to perhaps from ten to fifteen others, during vote; I was arrested on the morning of the that time; among them, Kallenbach and election. I took the oath of allegiance at Walter Edelin. I was there from between the time they were voting on the adoption of 2 and 3 o'clock until a little after sundown. the new constitution, and voted that day. I saw Mr. Surratt speaking to Mr. Gwynn The last time I voted for member of Congress in the parlor; Weichmann also was in the was for Harris; then, for the first time in parlor, I think. Gwynn left the house before my life, I voted the Democratic ticket. I Mrs. Surratt. have been an old-line Whig. I have suf I think that during the war my attitude fered from the war in the loss of my negroes; toward the Government has been perfectly but I never, to my recollection, made any loyal. During the revolution, I have spent complaint about that. When the State de$3,000 in my district to hold it in the Union, clared her new constitution, I was willing for and during the struggle I have taken no part them to go. RICHARD SWEENEY. For the Defense.-June 12. By MR. AIKEN. 1 met John M. Lloyd at Marlboro on the 14th of April last, and rode back with him part of the way toward his home. He was considerably under the influence of liquor, and he drank on the road. By MR. CLAMPITT. JAMES LUSBY. For the Defense.—June 2. By MR. AIKEN. I reside in Prince George's County, Md. I was at Marlboro on Good-Friday, the day that Mr. Lincoln was killed. Mr. Lloyd and I returned from Marlboro to Surrattsville together. He was very drunk on that occasion; I got there about a minute and a half, perhaps, before he did. I drove to the I am acquainted with J. Z. Jenkins, the bar-room door, and he went round to the front brother of Mrs. Surratt. I have known him door. I saw Mrs. Surratt just as she was about for ten years, and can speak confidently of to start to go home. Her buggy was standing his reputation as a loyal man. At the outset there at the gate, when we drove up, and of these difficulties he was a zealous Union she left in fifteen or twenty minutes after man. A Union flag was erected within one that. BINGHAM. hundred yards of where I boarded, and there Cross-examined by ASSISTANT JUDGE ADVOCATE was a rumor that it was to be cut down, and Jenkins was one of the men who took a gun and remained there all night for the purpose of guarding the flag. the bar-room to get a drink; and I do not When I got out of my wagon, I went into know what took place in the mean time, Cross-examined by the JUDGE ADVOCATE. when Lloyd went round the house. I am quite sure Lloyd was drunk. I had been Lloyd returned from Marlboro to Sur- quite smart in liquor in the course of the day rattsville in his buggy; I was on horseback. before I met Lloyd, and then took drinks We both drank; I do not know which drank with Lloyd; but I do not think I was as the most; we drank from the same bottle. tight as he; nor do I think I am altogether Lloyd was excited in his conversation and mistaken as to who was drunk that day. I deportment generally; but he kept the road did not see him take the fish out of his straight, and I did not see him deviate from buggy. He did not drive into the yard; he it. It was six miles to Surrattsville from drove to the front gate, I know; I did not where we parted. I thought he could take see him go out. It is twelve miles from Marlboro to Surrattsville-about two and a half Q. Have you been entirely loyal yourself hours' drive. We drove along pretty brisk. during the rebellion? care of himself. A. I suppose so, and think so. I have never done any thing inimical to the interests of the Government, that I know of. Q. Have you never desired the success of the rebellion? A. No, sir; I never expressed any desire for its success. J. V. PILES. For the Defense.—June 13. By MR. AIKEN. I live about ten miles from Washington, in Prince George's County, Md. I am Q. Have you always desired that the Gov-personally acquainted with J. Z. Jenkins, ernment should succeed in putting down the rebellion? A. I can not say but what my feelings were neutral in the matter. and have known him ever since I was a little boy. I regarded him, formerly, as one of the most loyal men in that part of the country. I thought that he and I were two Q. Are you quite sure they were neutral? of the most loyal men there, at the beginIt is very difficult to be neutral in such a warning of the rebellion. A flag was raised, sent as this has been. down, as I understood, by Mr. John Murphy, A. I think I was about as strictly neutral the butcher, who lived at the Navy Yard, as anybody else. Washington, about a month before the riots Q When you examine your feelings closely, in Baltimore. A little while after, the news if you can recall them, have you not an im- was spread, that a party from the Southern pression that at some time or other you preferred that the rebellion should succeed? A. I may possibly have done so. I think I exercised a neutral feeling very nearly. Q You were neutral in your conduct? A. And in my feelings-as strictly neutral, I think, as anybody else. States, or from the lower counties of Maryland, were coming to cut it down. About twenty men were raised in our neighborhood, who armed themselves to protect the flag, and Mr. Jenkins, I believe, was among the number who staid with us that night. I have never heard a disloyal sentiment Q You think you were perfectly indif- from Mr. Jenkins, nor do I know of any ferent whether the Government succeeded or overt act on his part that might be construed failed. A. I was. into disloyalty; but I have not been in his company of late. About six months ago I had some conversation with him, when he had left the State of Maryland, but who had said he was as good a loyal man as I was. not lost their residence, to return to MaryWhether he regarded me disloyal, and him- land to vote the Union ticket. self too, or whether he regarded us both loyal, I can not say. I live at Tee Bee, Prince George's County, Maryland. I have known J. Z. Jenkins since 1861, and have always considered him a loyal man. Cross-examined by ASSISTANT JUDGE ADVOCATE I do not know of my own knowledge, but it was generally understood by those acting with the administration, that after the first battle of Bull Run, Mr. Jenkins procured a United States flag and hoisted it in his county, and that, when certain rebel sympathizers threatened to haul it down, he gathered a band of from twenty to fifty Union men, and stood by it all night to protect it. I believe Mr. Jenkins to be a loyal man. I never heard him utter any sentiments against the Government of the United States, but he is very bitter on the administration on account of the negroes. Outside of this, I believe him to be a truly loyal man. The people down there, who, in the early part of the war, acted with the administration, are now dissatisfied with it on account of its action on the subject of slavery, and there is scarcely a single friend of the administration in that county now. I never heard him express any desire for the success of the South; but I have heard I do not know that I am a competent him express himself very positively the other judge of loyalty; I have always considered way. Mr. Jenkins is now under arrest at myself loyal, and I think that such has the Old Capitol Prison, but I do not know been my reputation. I have never desired what for. the success of the Southern rebellion, and have been all the time on the side of the Government. DR. J. H. BLANDFORD. By MR. AIKEN. Cross-examined by the JUDGE ADVOCATE. Q. Do you not regard such bitter hostility to the Government, in a civil war like this, as in the interest of the public enemy, and therefore disloyal? A. Lately I have not considered him sound on the subject, and have had very little to do with him, except on account of former I am acquainted with J. Z. Jenkins, and friendship in past times. I thought then he have regarded him as loyal to the Govern- was as loyal as any man in the county, and ment of the United States. I never heard regarded him as such, and treated him as a him express any disloyal sentiments; and at friend; but at the last election he voted for the beginning of the war, he was generally Harris, and was in with these other parties, avoided by those who were not thoroughly and I did not like that state of affairs, and in favor of the administration. Mr. Jenkins, hence had not that political confidence in I know, supported the opposition candidates him that I had previously. to the Democracy. I know Andrew Kallenbach; he is a Democrat, and has always acted with the Democratic party. WM. P. WOOD. For the Defense.—June 5. By MR. CLAMPITT MISS ANNA E. SURRATT. For the Defense.-May 30. By MR. AIKEN. I was arrested on the 17th of April, and have since been confined at Carroll Prison. I have met Atzerodt, the prisoner at the bar, at our house in Washington City. I do I am at present Superintendent of the Old not think he remained over night but once. Capitol Prison. I know J. Z. Jenkins, and He called very often, and asked for that man have been intimately acquainted with him Weichman. He was given to understand for five years. In 1860 and 1861, Mr. Jen- that he was not wanted at the house; ma kins was counted as one of the most reliable said she did not care about having strangers Union men in that district, and I know that there. The last time Atzerodt was there, up to 1862 he labored himself, and urged Weichman engaged the room for him, and his friends to labor, and spent his means asked ma to allow him to stay there all night freely, to keep the State of Maryland in the They were sitting in the parlor, and made Union. In 1862 and 1863, I understood that several signs over to each other. Weichman he came to this city to obtain voters who and he then left the room, and presently |