MATTHEW J. POPE. For the Defense.-June 2. By MR. DOSTER, let the prisoner, Atzerodt, [pointing to the accused, George A. Atzerodt,] have out of my stable a small bay mare, sixteen and a half. hands high. He paid me five dollars for the night. I live at the Navy Yard, and keep a livery-hire. The horse was returned, to the best of stable; until recently I kept a restaurant. Amy knowledge, between 9 and half-past 9 tha' few days before the assassination of the President, perhaps about the 12th of April-I do not know the exact day-a gentleman called at my stable to sell a bay horse; it was a large bay horse, and blind of one eye. The prisoner, George A. Atzerodt was desired to stand up for identification.] Q. When Atzerodt engaged the horse, did Q. State what that conversation was. That man has something of the same features; he was very much such a looking man; Atzerodt wrote his name on the slate in a but if it is the same, he is not near so stout as tolerably good hand; and he gave me sevwhen he brought the horse to my stable. Ieral references willingly. He first gave a can not say positively that it is the same. number of persons in Maryland. He said he There are many applications at my stable to knew a good many persons there, and that he buy and sell horses, that I did not take much was a coach-maker by trade. Stanley Hignotice of him. I told him I did not want to gins was one to whom he referred; I can not buy the horse; that I had more horses recall any other. He also gave me the name than I had use for. It was some time after of John Cook in Washington as a reference, 12 or 1 o'clock at noon that he came. The and several other names in Washington, but horse was put into my stable, and the gentle-I do not remember them. BURNETT. I was not there when the horse was re man went over to my restaurant and took a Cross-examined by ASSISTANT JUDGE ADVOCATE drink. He left there with a man named Barr, a wheelwright in the Navy Yard. They came back together, and the gentleman took his horse out and rode him away. The horse turned. When I went to the stab': next was in the stable, I think, some two or three morning, the horse was there. hours. Barr was not sober at the time; he had been drinking a little. JOHN H. BARR. For the Defense.—June 5. By MR. DOSTER. SAMUEL SMITH. For the Defense.-May 30. By MR. DOSTER, I am a stable-boy at Mr. Kelleher's stable. I was at the stable on the night of the 14th of April last. The bay mare that was let out about 2 o'clock in the afternoon was returned in the course of the evening; to the best of my knowledge, it was about 11 o'clock. She was about in the same condition as when she was taken out. Cross-examined by ASSISTANT JUDGE ADVOCATE I have seen Atzerodt, the prisoner at the bar, once before. I was coming from my work at the Navy Yard one evening, and stopped at Mr. Pope's restaurant, and there met this gentleman. I did not know him at the time, but we had several drinks together. I proposed to him to go home and take supper with me, and he did so. After supper, we went back to Mr. Pope's restaurant, and had, I think, a couple of drinks. We then I did not notice the person who brought went out, returned to the restaurant again, back the mare; there was a little light in the and took two more glasses, and from there stable, but it was very dim; and there was went to Mr. Pope's stable. The gentleman no light on the sidewalk. The man stopped took his horse out, and I saw him get on and outside the door, and I went out there and ride off. That is the last I saw of him. By brought the mare in. It was by feeling her referring to my book, I can tell the exact day that I could tell she had not been ridden hard. on which this occurred, because I know the work that I did that day; I made two spring blocks for Sanderson & Miller. I find it was the 12th of April. JAMES KELLeher. LEONARD J. Farwell. For the Defense.—June 3. By MR. DOSTER. On the evening of the 14th of April last, on leaving Ford's Theater, I went immediately to the Kirkwood House, to the room of Vice-President Johnson. I should think it I am one of the proprietors of the livery-was between 10 and half-past 10 o'clock. I stable on Eighth and E Streets. On the 14th found the room door locked. I rapped, but of April last, about half-past 2 in the day, I receiving no answer, I rapped again, and said, in a loud voice, “Governor Johnson, if you that is so or not; I don't suppose it is so; are in the room, I must see you." I believe if it had been, I should have heard it." the door was locked, but am not certain. I While we were at the dinner-table, my can not say whether I took hold of the han-brother asked him the question again, dle or not. I did not see any one apparently whether General Grant was killed or not, lying in wait near Mr. Johnson's door. I remained in Mr. Johnson's room about half an hour. I took charge of the door, and locked and bolted it on the inside. A number of persons came to the door, but I did not allow any of them to come in, unless he was some gentleman personally known to the Vice-President. I also rang the bell and had a guard placed at the door. [The witness was here requested to look at the prisoner, George A. Atzerodt.] I do not know that I have seen the prisoner before. Miss JANE HEROLD. For the Defense.-May 30. By MR. DOSTER. and he said, "No, I don't suppose he was; if he was killed, he would have been killed probably by a man that got on the same car"-or the same train, I do not remember which-"that Grant got on." I was not in Atzerodt's company more than half an hour, and that was about all that passed in reference to this in my presence. I thought Atzerodt seemed somewhat confused at the dinner-table. He had been paying his addresses to the daughter of Mr. Metz, and it appeared that she had been showing him the cold shoulder that day, and he was down in the mouth in consequence. There was no remark made at the dinnertable that I did not hear. Atzerodt's father had settled in our neigh I am the sister of David E. Herold, the borhood, but moved away when Atzerodt prisoner at the bar. SOMERSET LEAMAN. For the Defense.-May 30. was quite a boy, and I had seen but little of JAMES E. LEAMAN. I have known the prisoner, George A. Atzerodt, for about two years. I was at the house of Mr. Metz on the Sunday morning following the assassination. I broached the subject of General Grant being assassinated, and asked him whether it was so or not. He said he did not suppose it was; and he added, "If it is so, some one must have got on the same cars that he did." That was all the conversation that I had with him, with the exception that when he and I were out in the yard he said Mr. DOSTER. That is unnecessary; you By MR. DOSTER, I have known the prisoner, George A. Atzerodt, ever since he was a boy. I was at the house of Hezekiah Metz on the Sunday morning following the assassination of the President, and met Atzerodt there. As I the yard. approached him, I said, in the way of a A. He said, "O, my! what a trouble I joke, Are you the man that killed Abe see." I said to him, "Why, what have you Lincoln?" "Yes," said he, and laughed. I to trouble you?" Said he, "More than I said, "Well, Andrew❞—he went by the name will ever get shut of." of Andrew there-"I want to know the truth of it; is it so ?" I asked him if the President was assassinated, and he said, "Yes, Q. That was immediately after you had it is so; and he died yesterday evening about been speaking of the assassination, was it? 3 o'clock." I then asked him if it was true A. No, sir; some time afterward. I took that Mr. Seward's throat was cut, and two it for grantedof his sons stabbed, and he replied, "Yes, Mr. Seward was stabbed, or rather cut at the throat, but not killed, and two of his sons were stabbed." I then asked him if what we heard about General Grant was correct, that he was assassinated on the same night. He answered, "No, I don't know whether Assistant Judge Advocate BURnett. You need not state what you took for granted. Give the words, and nothing else. A. That was about all he said at that time. Atzerodt had been paying his addresses to Mr. Metz's daughter, and she had slighted him some time before he went out into the yard. HARTMAN RICHTER. Assistant Judge Advocate BINGHAM. If the counsel wishes to prove that the prisoner, Atzerodt, is a coward, I will withdraw my objection. tion for cowardice, save what I have heard WITNESS. I know nothing of his reputafrom others. I have heard men say that he would not resent an insult. ALEXANDER Brawner. For the Defense.-June 8. I live in Montgomery County, Maryland, and am a cousin of the prisoner, George A. Atzerodt. He came to my house about 2 or 3 o'clock on Sunday afternoon. I met him in the morning, on my road to church. I did not have much conversation with him, and I noticed nothing peculiar about him. He remained at my house from Sunday till Thursday morning, and occupied himself with walking about, working in the garden a I live in Port Tobacco, Md. I have known little, and going among the neighbors. He the prisoner, Atzerodt, six or eight years. did not attempt to get away, or to hide He was at Port Tobacco about the last of himself. When he was arrested he seemed February or the beginning of March. I think very willing to go along. He had on a kind he came from Bryantown; he rode a sorrel of gray overcoat when he came to my house. horse. I had some business in the country, and he went along with me. SAMUEL MCALLISTER. For the Defense.-May 30. By MR. DOSTER During the month of April I saw a pistol and a dirk in Atzerodt's possession. He gave them to me to keep for him. The knife and pistol found at the Kirkwood House were exhibited to the witness.] Those are not the knife and pistol. [The knife found near F and Ninth Streets on the morning of the 15th of April was exhibited.] That looks very much like the knife; it was a knife of that description. [Exhibiting to the witness the pistol identified by John Caldwell, on which he loaned $10.] That looks very much like it. I never considered Atzerodt a courageous man, by a long streak. I have seen him in scrapes, and I have seen him get out of them very fast. I have seen him in bar-room scrapes, little scrapes, and where pistols were drawn, and he generally got out of the way, and made pretty fast time. His reputation is that of a notorious coward. LOUIS B. HARKINS. For the Defense.-June 8, By MR. DOSTER I have known Atzerodt for probably ten years. He was down at Port Tobacco about the latter part of February or the beginning On the evening of the 14th of April, at of March. I think I saw him for a day or about 10 o'clock, he rode up to the door two. He is looked upon down there, by folks [Pennsylvania House] and called the black that know him, as a good-natured kind of a boy out to hold his horse. I did not take fellow. We never gave him credit down our particular notice of him, or notice whether he was excited or not. way for much courage. I call to mind two difficulties in which I saw him-one happened in my shop, and the other in an oyster saloon-in both of which I thought he I lacked courage. Q. Do you know any thing about his reputation for courage? Assistant Judge Advocate BINGHAM. object to that; I do not think we are going to try his character for courage. Mr. DOSTER. May it please the Court, I intend to show that this man is a constitutional coward; that if he had been assigned the duty of assassinating the Vice-President, he never could have done it; and that, from his known cowardice, Booth probably did not assign him to any such duty. Certainly it is just as relevant as any thing can be. WASHINGTON BRISCOE. For the Defense.-May 30. By MR. DOSTER. I have known the prisoner, Atzerodt, six or seven years at Port Tobacco. He has always been considered a man of little courage, and remarkable for his cowardice. TESTIMONY CONCERNING LEWIS PAYNE. MRS. MARTHA Murray. him, and when I found out that he would For the Prosecution.-May 19. go up, I asked him to excuse me. He said, "O! I know; that's all right." I thought My husband keeps the Herndon House, he might, perhaps, be sent by Dr. Verdi, and corner of Ninth and F Streets, opposite the he might go up and tell Mr. Seward that I Patent Office, cat-a-cornered. The only one would not let him go up, or something of of the prisoners I recognize as having seen that kind. I got on the steps and went up before is that man, [pointing to the accused, in front of him. As he went up I asked him Lewis Payne.] I think I have seen him; not to walk so heavy. He met Mr. Frederhis features are familiar to me, but I would ick Seward on the steps this side of his not say for certain. He was two weeks in father's room. He told Mr. Frederick that our house, and he left on the Friday, the day he wanted to see Mr. Seward. Mr. Frederick of the assassination. He left on the 14th went into the room and came out, and told day, about 4 o'clock. We have dinner at him that he could not see him; that his half-past 4, and this gentleman came into father was asleep, and to give him the the sitting-room and said he was going away, medicine, and he would take it to him. and wanted to settle his bill; and he wished That would not do; he must see Mr. Seward. to have dinner before the regular dinner; so He must see him; he said it in just that I gave orders for the dinner to be cut off way. Mr. Frederick said, "You can not see and sent up to him. He went into the him." He kept on talking to Mr. Frederick, dining-room to eat his dinner, and I have saying, that he must see him, and then Mr. not seen him since. Frederick said, "I am the proprietor here, I do not recognize either of the prisoners as and his son; if you can not leave your mes having visited this man. I remember that sage with me, you can not leave it at all." he once came in with two gentlemen to sup- Then he had a little more talk there for a per. I do not remember that any one spoke while, and stood there with the little package to me about engaging a room for this inan. in his hand. Mr. Frederick would not let I am spoken to by so many that I could him see Mr Seward no way at all, and then not remember any particular circumstance he started toward the step and said, "Well, of that kind. WM. H. BELL (colored.) For the Prosecution.-May 19. if I can not see him-" and then he mumbled some words that I did not understand, and started to come down. I started in front of him. I got down about three steps, I guess, when I turned around to him and said, I live at the house of Mr. Seward, Secre- " Do n't walk so heavy." Then by the time I tary of State, and attend to the door. That turned around to make another step, he had man [pointing to the accused, Lewis Payne] jumped back and struck Mr. Frederick. By came to the house of Mr. Seward on the the time I could look back, Mr. Frederick night of the 14th of April. The bell rang and I went to the door, and that man came in. He had a little package in his hand; he said it was medicine for Mr. Seward from Dr. Verdi, and that he was sent by Dr. Verdi to direct Mr. Seward how to take it. He said he must go up. I told him that he could not go up; then he repeated the words over, and was a good while talking with me in the hall. He said he must go up; he must see him. He talked very rough to me in the first place. I told him he could not see Mr. Seward; that it was against my orders to let any one go up, and if he would give me the medicine and tell me the directions, I would take it up, and tell Mr. Seward how to take it. He was walking slowly all the time, listening to what I had to say. He had his right hand in his coat-pocket, and the medicine in his left. He then walked up the hall toward the steps I had spoken pretty rough to was falling; he threw up his hands and fell back in his sister's room; that is two doors this side of Mr. Seward's room. Then I ran down stairs and out to the front door, hallooing "murder," and then ran down to General Augur's head-quarters. I did not see the guard, and ran back again. By that time there were three soldiers who had run out of the building and were following me. When I got way back to the house, turning the corner there, I saw this man run out and get on his horse. He had on a light overcoat, but he had no hat on when he came out and got on his horse. I did not see his horse when he came to the house, and did not know he had a horse until I saw him get on it. I hallooed to the soldiers, "There he is, going on a horse!" They slacked their running, and ran out into the street, and did not run any more until he got on his horse and started off. I followed him up as far as I Street and Fifteen-and-a-half Street, and he and I ran out, I did not observe any horse; turned right out into Vermont avenue, where but when I saw him run out of the house, Í I lost sight of him. He rode a bay mare; it followed him to I Street; it seems to me he was a very stout animal, and did not appear went very slow, because I kept up with him to be a very high horse. He did not go very till he got to I Street. fast until he got to I Street. I must have been within twenty feet of him, but at I Street he got away from me altogether. WILLIAM H. BELL Recalled for the Prosecution.-May 19. [By direction of the Judge Advocate the handcuffs dark-gray coat, and over it the white and brown mixed were removed from the prisoner Payne, who put on the coat, and the hat identified by Colonel Wells.] I do not know what he struck Mr. Frederick Seward with. It appeared to be round, and to be mounted all over with silver, and was about ten inches long. I had taken it for a knife, but they all said afterward it was When he came to Mr. Seward's he had on a pistol. I saw him raise his hand twice to that coat, and that is the very same hat he strike Mr. Frederick, who then fell. I did had on; one corner of it was bent down over not wait any longer, but turned round and his eye. He had on a white collar, and looked went down stairs. When he jumped round, quite nice to what he looks now. He had he just said, "You," and commenced hitting the same look as he has now, but he looked him on the head; but I had hardly missed pretty fiery out of his eyes at me, the same him from behind me until I heard him say way he looks now. that word. I never saw this man about the door that I know of, nor did I see any person on the pavement when I came out. Cross-examined by MR. DOSTER. SERGEANT GEORGE F. ROBINSON. For the Prosecution.-May 19. On the 14th of April last I was at the residence of Mr. Seward, Secretary of State, acting as attendant nurse to Mr. Seward, who was confined to his bed by injuries received from having been thrown from his carriage. One of his arms was broken and his jaw frac tured. I do not know how old I am; I guess I am between nineteen and twenty. I was at school four or five years. I have been at Mr. Seward's nine months, and am second waiter. The talk with the man was inside; he came in and I closed the door. He had a That man [pointing to the accused, Lewis very fine voice. Payne] looks like the man that came to Mr. I noticed his hair and his pantaloons, and Seward's house on that Friday night. I I noticed his boots that night. He talked to heard a disturbance in the hall, and opened Mr. Frederick at least five minutes while up the door to see what the trouble was; and as there near his father's door, in the third story. I opened the door this man stood close up to He had on very heavy boots at the time, black it. As soon as it was opened, he struck me pants, light overcoat, and a brown hat. His face was very red at the time he came in; and he had very black, coarse hair. I saw the same boots on him the night they captured him, and the same black pants. struck me again, this time with his fist, knocking me down, and then broke away from Major Seward and ran down stairs. with a knife in the forehead, knocked me partially down, and pressed by me to the bed of Mr. Seward, and struck him, wounding him. As soon as I could get on my feet, I endeavored to haul him off the bed, and then The first time I saw the prisoner after that he turned upon me. In the scuffle, some one night was on the 17th of April. They sent [Major Seward] came into the room and for me about 3 o'clock in the morning to go clinched him. Between the two of us we got down to General Augur's head-quarters. A him to the door, or by the door, and he, Colonel there, with large whiskers and mous- unclinching his hands from around my neck, tache, [Colonel H. H. Wells,] asked me to describe this man. I told him he had black hair, a thin lip, very fine voice, very tall, and broad across the shoulders, so I took him to be. There were twenty or thirty gentlemen in the room at the time, and he asked me if any gentleman there had hair like him, and I told him there was not. He then said, "I will bring a man in here and show him to you." I was leaning down behind the desk so that I could not be seen. The light was then put up, and a good many men walked into the room together. I walked right up to this man, and put my finger right here, [on the lip,] and told him I knew him; that he was the man. Nobody had offered me any money for giving the information, and no threats had been made to me. When he struck Mr. Frederick Seward, I saw him strike Mr. Seward with the same knife with which he cut my forehead. It was a large knife, and he held it with the blade down below his hand. I saw him cut Mr. Seward twice that I am sure of; the first time he struck him on the right cheek, and then he seemed to be cutting around his neck. I did not hear the man say any thing during this time. I afterward examined the wounds, and found one cutting his face from the right cheek down to the neck, and a cut on his neck, which might have been made by the same blow, as Mr. Seward was partially sitting in bed at the time; and another on the left side of the neck. Those were all I |