ANDREW KALLENBACH.
For the Prosecution.-June 7.

The reckoned John was in New York by that time. I asked him why he thought so, and he said, "My God! John knows all about the I reside near Surrattsville, Prince George's murder; do you suppose he is going to stay County, Maryland. On the evening of the in Washington and let them catch him?" I 17th of April last, I had a conversation with pretended to be very much surprised and said, Mr. J. Z. Jenkins, at Mr. Lloyd's house at "Is that so?" He replied, "It is so, by God! Surrattsville. He said that I was a liar; that I could have told you that this thing was he understood I had been telling some lies on coming to pass six months ago." Then he him, and if he found it to be true, he would put his hand on my shoulder and said, "Keep give me the damnedest whipping I ever had. that in your own skin, my boy. Don't He further said that if I testified against him, mention that; if you do, it will ruin me foror any one connected with him, he would ever." The Mr. Nott who said this is the give me a damned whipping. This was said Joseph T. Nott who testified here to-day. I in the presence of Mr. Cottingham and Mr. have heard him speak against the GovernJoshua Lloyd. Jenkins had been drinking, ment frequently, and denounce the adminis but I can not say that he was drunk on the tration in every manner and form; I heard occasion. I have known Mr. Jenkins about him say that, if the South did not succeed, ten years, I think. He has always said in he did not want to live another day.

my presence that he was a Union man; and I have never heard him express any disloyal sentiments. I can not say what his reputation for loyalty is in the neighborhood.

Cross-examined by MR. AIKEN.

Nothing had been said by me that night to induce Jenkins to call me a liar. I have a son in the rebel army; he went there of his own choice, and without my consent. He returned about three weeks ago. I judge he has been in the rebel army during the war. I did not place any restrictions in the way of his going.

Cross-examined by MR. AIKEN.

I have a brother-in-law named William Ward, who was in the Southern army; he was brought home under a guard of soldiers. I did not, on the occasion of his return, tell him that he had done just right, and that I wished I had been there to help him. I did not express opposition to his coming back in any way, nor did I express sentiments against the Government and friendly to the South. I begged my brother-in-law to take the oath and remain at home.

At the breaking out of the rebellion, I reI have lived as a neighbor of Mrs. Surratt's sided in Charles County, and was a member for many years. She had never been more of Captain Cox's military company, which than neighborly with me and my family, nor was organized before the war. It disbanded has she given things to my family more than in the spring of 1861. I withdrew from it as any neighbor will do for another. In politics soon as a rebel flag was brought and preI have been a Democrat all my life. I have sented to it. never expressed any disloyal sentiments, and have never said that I wished the South would succeed.

E. L. SMOOT.

For the Prosecution.-June 2.

I have known Mr. Jenkins for about five years, I think. I do not exactly recollect when I had any political conversation with him. The last time I talked with him was about the 1st of April last, at Upper Marlboro. He came to me and told me that Roby was applying for the position of constable in the I live in Prince George's County, Mary- county, and asked me why I did not apply land, about a mile from Surrattsville. I am for it. I told him I did not wish it. He said, ' acquainted with J. Z. Jenkins of Surrattsville, "You ought to take it to keep Roby from Mrs. Surratt's brother. He was represented getting it;" and he added that he had told as a Union man during the first year of the the County Commissioners that if they ap war, but after that, by most persons, he was pointed Mr. Roby, or any other man of his looked upon as a Southern sympathizer; I party, he would spend every dollar he had to know of no exception to this among the defeat them, if they became candidates for Union men. I never heard his reputation for any other office. loyalty talked of much, but I have heard him say, I think, he was a friend to the South, and an enemy to the Government during the struggle.

I did not vote at the last Congressional election; I did not know any thing about either of the candidates. I have not been an active Union man. I have not meddled either way. I know Joseph T. Nott, of Surrattsville. The conversation with Mr. Nott occurred in On the day after the President's murder, I the bar-room at Surrattsville, on the 15th of met two young men connected with General April. It was all the conversation we had at Augur's head-quarters, one of whom told me that time. He did not state what time he that John H. Surratt was supposed to be the last saw John Surratt, nor what reason he man who attempted to kill Mr. Seward. I had to believe him to be connected with the asked Mr. Nott if he could tell me where affair. Some gentlemen came in while he John Surratt was; he smiled and told me was talking with me, and he had to wait on

With respect to Mr. Jenkins spending $3,000 to sustain the Union and the Government, I do not think he ever had it to spend. I have never heard of his spending any thing, except from his own lips.

the bar. On the next day, Sunday, I commu-] who opposes the acts of the administration. nicated this remark verbally to General Au- I never knew of any act of disloyalty on the gur, Colonel Baker, and Colonel Wells. Mr. part of Mr. Jenkins, except his abuse of the Nott did not inform me how he knew John Government. Surratt was connected with it, and I did not ask him. He only said he could have told me six months ago that this thing was going to happen. I never knew Mr. Jenkins to do any thing disloyal, but he has denounced the administration frequently when talking with me. I do not recollect particularly to what he referred. I have heard many do the same so frequently, that I do not recollect what Mr. Jenkins said on any particular occasion. I never heard any man whom I regarded as a loyal man denounce the administration.

A. V. ROBY.

For the Prosecution.—June 2.

DORLEY B. ROBY.

For the Prosecution.—June 5.

I have known Mr. J. Z. Jenkins for several years. For the last three years he has been one of the most disloyal men in the county. It is from personal knowledge of his conduct and observations that I pronounce him disloyal. He got so outrageous that I had to apply to General Wallace, at Baltimore, to I reside close to Surrattsville, Prince George's have him arrested. Since that time he has County, Maryland. Since June 12, 1863, I behaved himself a little better. He is known have been enrolling officer. I have known and recognized in that neighborhood as an J. Z. Jenkins since 1861, but not very inti- open and outspoken enemy of the Govern mately till 1863. Mr. Jenkins's reputation in ment. I have heard him curse the President, that neighborhood, during the year 1861, was and damn him to all intents and purposes. that of a Union man; but since that time he He said old Lincoln, the damned old son of has been looked upon as a sympathizer with a bitch, had offered him an office, but that the South. Since 1862 he has been in the he would not hold office under any such attitude of an enemy to the Government, and damned creature, or any such damned Govhas opposed all its measures. Mr. Jenkins ernment. took the oath prescribed by the Legislature of Maryland, and then voted.

Cross-examined by MR. AIKEN,

Cross-examined by MR. CLAMPITT.

I have known Mr. Jenkins for four or five years. I was not a resident of the county The first time I saw Mr. Jenkins was when in 1861 and 1862; I was in 1863. I was he came to the armory of Captain Mark's born in Charles County, and raised in Prince. company, in Washington, of which I was a George's; and I have been backward and formember. Some time between April and July ward through there all the time. In 1862 I of 1861 he came there begging for money for knew Mr. Jenkins very well. I knew him to some Union man who had been killed. The be a Union man till about three years ago. next time I saw him was at my house, when He was a very strong Know-Nothing, and I he was opposing the nominees of the Union was a Know-Nothing too. Jenkins abanparty. Dr. Bayne was a candidate for Sen-doned the Union party about three years ator; Mr. Sasser was candidate for Clerk of ago this fall. He lost a negro man; and it the County, and Mr. Grimes for Sheriff. I seemed that his loyalty to his Government think Mr. John M. Brook was the disunion only lasted as long as his negro was procandidate for Senator; I do not know that tected. As soon as he lost the negro, he Mr. Brook has been in the rebel army; I abandoned his Union principles. know that he was South, and staid until he came home under the President's Amnesty Proclamation.

I have been living near Surrattsville since September, 1863. I have seen Mr. Jenkins nearly every day. All this time Mr. Jenkins has been talking against the Government. At the April election, in 1864, when we voted for a convention to make a new constitution, he said he had been offered office under the damned Government, but he would not hold office under any such damned Government. He said this before a great crowd at the polls. I had just objected to his vote. I asked Mr. Jenkins if he would vote for such a man as Harris; he said he wanted the South to succeed, and he said he would vote for Harris against anybody. I consider a man disloyal

The flag that was raised, and which Mr. Jenkins is said to have protected, was understood to be a Know-Nothing flag; a Union flag raised by the Know-Nothing party. The Know-Nothings were generally considered Union men, but there were a good many who, like Mr. Jenkins, went over to the rebels as soon as there was a division of parties.

He

There is no suit pending between me and any citizen of Maryland; there is a suit pending against my son, Andrew V. Roby. was appointed Deputy Provost Marshal for the purpose of carrying out General Schencka order at the election. He was ordered to have every man arrested who interfered with the election. This man Jenkins behaved very badly at the election. Colonel Baker had a company of men there, and my son suggested

to the Captain that Jenkins should be ar- land, and if he has done any thing to protect rested. He was arrested, placed on a chair, the Union flag when it was threatened to be and a bottle of whisky taken from his pocket. torn down by secession sympathizers, I have At night I thought the poor fellow had got known nothing of it. I have known him to sober; he looked very penitent, and I sug- call at the different polls on election times, gested to the Captain that it was not worth and endeavor to dissuade men from voting while to take him up to Colonel Baker's, for the Union cause. Even at the last electhat he should allow him to go; and he tion, in 1864, he said he would not vote for acted on my suggestion. The suit pending the damned abolition Government to save between my son and Mr. Jenkins is for false anybody's life. imprisonment.

By ASSISTANT JUDGE ADVOCATE Bingham. The prosecution against my son is for attempting to execute the Federal authority. The authorities, who have the management of the case, have taken steps to have it removed to the United States Court.

WILLIAM A. EVANS.

For the Prosecution.-June 5.

By the JUDGE ADVOCATE

I do not know a loyal man in that neighborhood except Mr. Roby, his son, and a few others. We were in danger all the time, so much so that I had to call upon General Augur for a guard.

I belong to the New School Presbyterian Church, and I am a member of the Presby tery of the District of Columbia.

JOHN L. THOMPSON.

For the Prosecution.-June 5.

I reside in Prince George's County, Md., and am a Presbyterian minister. I was compelled to leave my Church in 1861 because I have known J. Z. Jenkins ever since I of my loyalty and devotion to the Union. can remember. For the last two years and Prince George's County is a very disloyal six months he has not been a loyal man; neighborhood. for the four years preceding that he was.

I know J. Z. Jenkins very well. He pre- He is regarded as a disloyal man in that tended to be a loyal man in 1861, as a great community; his disloyalty is open and outmany in Prince George's, St. Mary's, and spoken. those lower counties did, but I never consid- I have had a difficulty with Mr. Jenkins, ered him a loyal man, because, if he had been, which grew out of my being drafted, and he would have co-operated with me and going to Mr. Roby's son to aid me, Jenkins several others, who were endeavoring to dis- said he would cut my throat in consequence charge our duty to our country. His reputation and conduct since 1861, has been disloyal. I call him a rebel. His sympathy with the rebels has been open and outspoken.

Cross-examined by MR. CLAMPITT.

of it, and drew his knife, a small pen-knife, against me. The only reason that I know for his conduct was, that he hated the Government. Jenkins said that, in case he was forced to fight, he would go with the South.

I lived in Mrs. Surratt's family for two years. I do not think she was a loyal woman. I judge so by her conversation, which was against the Government.

Cross-examined by MR. CLAMPITT.

I have known Mr. Jenkins about fifteen years. I lived in the same county as he did in 1861, but because of my abolition proclivities, I was not, at times, permitted to remain in the county or the State. There was a writ out for me in 1861, and I was only permitted I have known Mr. Jenkins ever since he to visit my house in secrecy. Everybody was a child. He was considered a loyal man that knows Mr. Jenkins knows that he is a in 1861, but not in 1863. I know nothing rebel. In 1861, he pretended to be a Union of Mr. Jenkins coming to Washington to man; but I knew him to be a hypocrite. I obtain votes for the Union Government. I judged him to be a rebel by his conduct; know of his assisting to raise the Union flag, saying that the country would go to ruin, and with a band of men assisting in protect and that the South would be successful. He ing it; but that was in 1861. I have heard said this to other gentlemen, and they repeated him make disloyal remarks many a time. it to me. I held a secret commission under the He said that he hated the Government the Government. I know nothing of his labors worst on earth, and he said that emancipato obtain Union votes in the State of Mary-tion was all wrong.

TESTIMONY CONCERNING GEORGE A. ATZERODT

ROBERT R. JONES.

For the Prosecution.-May 13.

bank-book was an envelope with the frank of the Hon. John Conners. There was also I am a clerk at the Kirkwood House in this chief, three boxes of cartridges, a piece of a pair of new gauntlets, a colored handkercity. The leaf exhibited to the Commission liquorice, and a tooth-brush. On the corner is from the register of the Kirkwood House. of the bank-book was "J. W. Booth, 53." It contains the name of G. A. Atzerodt, On the inside of the book was "Mr. J. Wilkes Charles County. It appears from the regis- Booth in account with the Ontario Bank, ter that Atzerodt took room No. 126 on the Canada. 1864: October 27; by deposit, cr. morning of the 14th of April last, I think before 8 o'clock in the morning. I was not present when his name was registered, and did not see him until between 12 and 1 in the day. I recognize Atzerodt among the accused. That is the man, I think.

[The witness here pointed to the accused, G. A. Atzerodt.]

$455."

There was also a brass spur, a pair of socks, and two collars. Between the sheets and mattresses I found this large bowie-knife. [These articles were all offered in evidence.]

The room in which these things were found was No. 126, and is on the floor above the room then occupied by Vice-President Johnson. Cross-examined by MR. DOSTER.

I went to the room occupied by Atzerodt after it had been opened by Mr. Lee, on the night of the 15th of April, and I saw all the articles that were found there. I can not The person I met at the Kirkwood House, identify the knife, though it was similar to who spoke of the suspicious-looking man the one just shown me. It was between the being there, said, "I believe that he had a sheet and the mattress. The bed had not gray coat on." I did not find the signature been occupied on the night of the 14th, nor of Atzerodt, or any thing in the room; I had the chambermaid been able to get into only know it was his room because it said so the room the next day. A young man spoke on the register. to Atzerodt when I saw him standing at the office counter. I do not know his name. Atzerodt, before that, asked me if any one had inquired for him within a short time. From the book it appears that Atzerodt paid one day in advance. I had never seen him in the hotel before.

JOHN LEE.

For the Prosecution.-May 13.

By the JUDGE ADVOCATE.

In coming down from room 126, to reach the office of the hotel, a person would pass the door of the room occupied by VicePresident Johnson. When I came down, there was a soldier at the door. A man of any courage, coming down the stairs, could. easily throw a handful of snuff in the soldier's eyes and go right into Mr. Johnson's

room.

LYMAN S. SPRAGUE,

For the Prosecution.-May 15.

I am clerk at the Kirkwood House in this

14th while I was in the office.

Cross-examined by MR. DOSTER

I belong to the military police force of this city. On the night of the 15th of April I went, by order of Major O'Beirne, to the Kirkwood House. When I got there a person employed in the house, whom I knew, city. I went up to the room of the prisoner, told me there had been a rather suspicious-Atzerodt, with Mr. Lee, and was present looking man there, who had taken a room when it was broken open. All I saw found, the day previous. On the hotel register I found a name written very badly G. A. as I went in, was the revolver under the Atzerodt. I went to the room occupied by pillow. No one inquired for Atzerodt on the this man; the door was locked, and the key could not be found. With permission of one of the proprietors I burst open the door. I found in the room a black coat hanging on the wall; underneath the pillow, or bolster, I that day from 8 in the morning till 12 at found a revolver, loaded and capped. In the noon; no one called for Atzerodt during that pocket of the coat I found a bank-book of J. Wilkes Booth, showing a credit of $455, with the Ontario Bank, Montreal, and also a map of Virginia; a handkerchief marked "Mary R. Booth;" another marked "F. M." or "F. A. Nelson;" another handkerchief with the letter "H" in the corner. In the

I was at the desk of the Kirkwood House

time.

COLONEL W. R. NEVINS.

For the Prosecution-May 27. I was in this city on the 12th of April, and stopped at the Kirkwood House. While there, I saw that man [pointing to the

Cross-examined by MR. DOSTER.

accused, George A. Atzerodt] in the passage on her. Atzerodt paid the boy fifty cents for that leads to the dining room, when he asked her keep, and asked me if that was right; me if I knew where President Johnson was. I said, "Yes." "If I stay until morning,' I believe that was his first question. I he asked, "how much more are you going showed him where Mr. Johnson's room was, to charge me?" "Only fifty cents," I said. on the left-hand side of the passage; "How He then went out and staid about threeever," said I, "the Vice-President is now quarters of an hour, when he returned. He eating his dinner." I thought he was a told me not to take the bridle or saddle off stranger, and referred him to the Vice- the mare until 10 o'clock, and to keep the President's servant, a colored man, who was stable open for him. I said I would do so, standing behind him. He looked into the and that I would be there myself at that dining-room; whether he went in or not I time. At 10 o'clock he came after the mare. do not know. He asked me to take a drink with him, and I did, at the Union Hotel, corner of Thirteen-and-a-half and E Streets. I had a glass This was between 4 and 5 o'clock. There of beer and he drank some whisky. Returnwas no other person at dinner at the time ing to the stable he said, "If this thing hap but the Vice-President and myself. This pens to-night, you will hear of a present," or man met me near the two or three steps that Get a present." He seemed to me about come down into the dining-room. I showed half-tight, and was very excited-looking. I him where the Vice-President was sitting at did not pay much attention to him. As he the further end of the room, with his yellow mounted the mare I said, "I would not like man behind him. Atzerodt had on dark to ride that mare through the city in the clothes at the time, and, I believe, a low-night, for she looks so skittish." crowned lack felt hat. I noticed his coun- Well," said he, "She's good upon a retenance more than his clothes, but I could tell him among fifty thousand. I am now sixty-five years of age.

treat." I then said to him, "Your acquaintance is staying out very late with our horse;" that was Herold. "Oh," said he, "He'll be back after awhile." Atzerodt then left, and By JUDGE ADVOCATE BURNETT. I followed him until he went down E Street When I first came into Court this morn- and passed Thirteen-and-a-half Street, and ing, I was asked to point out, among the saw him go into the Kirkwood House. I prisoners, the man I had seen at the Kirk- watched until he came out and mounted the wood House, and I designated the prisoner, mare again. He went along D Street and Atzerodt, before his name was mentioned to turned to Tenth Street, to the left of D and Tenth Streets. I then returned to the stable.

me.

JOHN FLETCHER.

For the Prosecution.-May 17.

WASHINGTON BRISCOE.

For the Prosecution.—May 18.

I am foreman at J. Naylor's livery-stable, in this city. On the 3d of April, Atzerodt I have known the prisoner, George Atze and another gentleman came to the stable rodt, for seven or eight years. On the night with two horses, and inquired for Mr. Nay-of the 14th of April, between half-past 11 lor. Atzerodt said they wanted to put up the and 12, he got on a Navy-Yard car at Sixth horses at the stable, and I ordered them to Street. I was in the car, but he did not recbe put up. The other gentleman said he was ognize me till I spoke to him. I asked him going to Philadelphia, and that he would if he had heard the news, and he said he feave the sale of his horse to Atzerodt; he had. Then he asked me to let him sleep in left, and I have not seen him since. Atzerodt the store, down at the Navy Yard, with me. kept the horses at the stable until the 12th I told him he could not. His manner was of April, when he sold one of them to excited, and he was very anxious to sleep Thompson, the stage contractor, and took there; he urged me to let him. I told him the other, a brown horse, away. This was a very heavy, common work horse, blind of one eye; it was a dark-brown, with a heavy tail, and heavy fetlocks down to the feet.

He

again he could not; that the gentleman I was with was there, and I had no right to ask him. He rode down as far as I did, then got out and asked me again. When he left me, he said he would go back to the Pennsylvania House, on C Street, where he was stopping. Cross-examined by MR. DOSTER.

I saw Atzerodt no more till 1 o'clock, on the 14th of April, when he and Herold came to the stable with a dark-bay mare. said he had sold the brown horse and saddle I did not notice the preciee time when I and bridle in Montgomery County, and had met Atzerodt, but I think it was between bought this mare, with saddle and bridle. He then told me to put up the mare in the stable. I went to my supper at half-past 6, and when I came back the colored boy had the mare at the door, with saddle and bridle

half-past 11 and 12. I was going to the Navy Yard, my home, and he rode down in the car with me to I Street, near my store, and got out where I did. I waited with him on the corner of I and Garrison Streets, till