under the Government to arrest deserters son I supposed was the Doctor I saw about and disloyalists wherever I find them. I am a quarter of 4 o'clock. I am personally a detective. I wish to discharge my duty acquainted with Dr. Mudd, and have been so toward the Government to the best of my for two years and five months. ability, but have never received one cent for any duty of that kind. [This witness was exceedingly discursive, and his examInation was consequently very lengthy. The above narration contains all the material facts testified to.] JOHN H. WARD. For the Prosecution.-May 20. FRANK BLOYCE (colored.) For the Prosecution.-May 20. I live in Charles County, Maryland, about half a mile from Bryantown. I was in Bryantown on Saturday evening after the murder of the President, and saw Dr. Samuel Mudd Cross-examined by MR. EWING. MRS. ELEANOR BLOYCE (colored.) For the Prosecution.-May 19. Before I live in the suburbs of Bryantown, Mary-there between 3 and 4 o'clock. I was in land. On Saturday, the 15th of April, I the store buying something when Dr. Mudd went to the village as soon as I had finished came in. my dinner, and was there at about 1 o'clock. As soon as I arrived, I observed that the military were in town with Lieutenant Dana, know what time Dr. Mudd left. I left Bryantown before night. I do not and that there was great excitement among night the place was guarded, and I heard the people as well as the military. I went that the President had been assassinated. home, expecting that the soldiers would search the houses. Soon afterward a negro came up and said the President had been assassinated. I immediately left home and went again to the village. There I heard I know the prisoner, Dr. Mudd; he lives of the assassination. I also heard that the about four miles from Bryantown, where I assassin's name was Booth. It was spoken live. I saw him on the 15th of April last, of by everybody at Bryantown; first by the riding into Bryantown late in the afternoon. military, and then by the citizens, and it was There was a gentleman with him when he spread about that Booth was the assassin. I passed. I do not know that they went into heard this, I suppose, between 1 and 2 o'clock. town together; they were together until they The village was put under martial law, were out of my sight. It was but a short and many of the people began to be excited time until Dr. Mudd returned. When he about getting home, and made application to came back the gentleman was not with him. the commanding officer to let them go, but About eight or ten minutes after I saw him he refused to do so. I went home. I went into town myself. On arriving there I found the soldiers from Washington, and then I heard of the murder of the President; that he was shot on Friday night at the theater. I did not hear who shot him. I think I saw Dr. Samuel Mudd there, but the excitement was so great that I can not say positively that I did. Cross-examined by MR. EWING. Cross-examined by MR. STONE. I could not tell precisely the time 1 left Bryantown, the second time I went up, but When Dr. Mudd passed the first time, I saw I suppose it was between 2 and 3 o'clock. I a gentleman with him; when he returned, I did not hear that the President had been did not see the gentleman with him. I was too assassinated the first time before I left Bry- far from the road to know what kind of lookantown; the first intimation I had of it was by the darkey. "Boose" was the name of the assassin, as spoken by the soldiers who were not familiar with language; they could not say Booth. By MR. EWING. Those who spoke audibly, told me that his name was Booth, and those who seemed to have an amalgamation of the languages called it "Boose." The darkey who told me that the President was assassinated was Charles Bloyce, a brother to the one who has just testified. When he told me that the President had been assassinated, I immediately left home, and went to the village, where I found it a current report. He did not tell me who did it. ing gentleman he was. I reckon I live about a quarter of a mile from the road. I went to Bryantown in a very short time after he passed my house. I do not think Dr. Mudd staid in Bryantown a quarter of an hour, but I do not know, as I have not any thing to tell by; it was a dark, drizzly, foggy evening, getting late. I could not tell whether it was an old or young gentleman with the Doctor, he ap peared to be riding a bay horse; I think the Doctor was riding a dark-gray horse, but I did not take much notice. They were riding side by side at a tolerable gait, not faster than persons usually ride in the country. I live on the right of the road that leads up to Dr. Mudd's. There is no road that turns out between my house and Bryantown, My house, I suppose, is four or five miles and the man that was with Dr. Mudd was from Dr. Mudd's. I could not state posi- obliged to go through Bryantown, or come tively that it was Dr. Mudd I saw; the per-back the same way as he went. I was not at the door all the time. I happened to be standing at the door when Dr. Mudd passed and the gentleman with him, and when he returned alone. MRS. BECKY BRISCOE (colored.) For the Prosecution.-May 19. I live at Mr. John McPherson's, about a see Mr. Booth. I told him tnat Booth's [See testimony of Marcus P. Norton, page 149.] quarter of a mile from Bryantown. I know Dr. Samuel Mudd. On Saturday, the day after the President was murdered, about 3 o'clock, as I was standing in the kitchendoor, I saw the Doctor riding into town with a strange gentleman. The gentleman went toward the bridge, and the doctor kept on to Bryantown, and this gentleman came back I recognize the person, Samuel A. Mudd, again. He kept on down the road to the swamp, when I saw him again. He staid at as the man who entered my room on that occasion. It was either he or a man exactly the swamp till the Doctor came back, in about half an hour, I reckon. The bridge is like him. I am enabled to fix the date when in sight of the town, about half a mile off he entered my room, first by the fact of its I went to town a very little while after the being immediately before the inauguration, Doctor came back. I there heard of the mur- also that it was on the morning of the day der of the President, but I did not hear until on which I was preparing my papers to argue two or three days after that the man who a motion, pending before the Supreme Court, in the case of John Stainthrop and Stephen killed him was named Booth. C. Quinn against Wallis Hollister. I remember the motion was argued on the day the person I speak of entered my room. had on a black coat. His hat, which he held in his hand, was, I think, a black one, but not a high-crowned hat. Cross-examined by MR. STONE. The swamp is on the other side of the house, just below the barn. Dr. Mudd and this man went along together, and the latter stopped at the bridge and came back again, and went as far as the swamp. I was down in the branch getting willows for Dr. Marshall, but not in the same branch the gentleman was in, but I could see over into that branch. He was sitting there on the horse. I saw him again going up the road with Dr. Samuel Mudd. I think both of them were on bay horses. They passed about 3 o'clock in the afternoon. A boy who was cutting wood at the wood-pile said, "There's a strange man going with Dr. Sam; I don't know who he is." I started for Bryantown when Dr. Mudd came back. The soldiers were in Bryantown when I got there. I told my mother, who has just testified, that day of having seen this man with Dr. Mudd, and the next day I also told Baker Johnson, Mr. Henry Johnson, and Maria Kirby about it. MARCUS P. NORTON. For the Prosecution.-June 3. By ASSISTANT JUDGE ADVOCATE Burnett. I was in in this city, stopping at the National Hotel, from about the 10th of January to the 10th of March last. While there I knew J. Wilkes Booth by sight, having seen him act several times at the theater. I saw the accused, Samuel A. Mudd, under the following circumstances: A person hastily entered my room, on the morning of the 3d of March, I think. He appeared somewhat excited, made an apology, and said that he had made a mistake; that he wanted to Cross-examined by MR. EWING. He My impression is that it was after I heard the conversation between Booth and Atzerodt that Dr. Mudd entered my room, and I have no doubt it was on the 3d of March. I occupied room No. 77 in the National Hotel at the time. Dr. Mudd was dressed in black; he had on a black coat, no overcoat, I think, and his hat, which he had in his hand, was black; I think it was a hat something like that, [pointing to the black silk hat of the President on the table,] but not so high. By the COURT. When Dr. Mudd entered my room he seemed somewhat excited, or perhaps in a hurry rather. He said he had made a mistake in the room, and apologized in that way. The room I then occupied was No. 77. I had perhaps ten days before been removed from room No. 120. See also the testimony of Louis J. Weichmann...... pages 113, 118 83. 88. 89. 90. 71. 130. 132. DEFENSE OF SAMUEL A. MUDD. JOHN C. THOMPSON. For the Defense.-May 26. By MR. STONE DR. WILLIAM T. BOWMAN. For the Defense.-May 27. Booth sonally, but am not intimately acquainted with him, or with his affairs. I do not know that Dr. Mudd owns lands, or whether he lives upon land that belongs to his father; I reside in Charles County, Maryland. I but I know that his father is an extensive had a slight acquaintance with a man named land-holder, and I told Mr. Booth that perBooth; I was introduced to him by Dr. haps he might be able to purchase land Queen, my father-in-law, about the latter from him. I saw the signature of the letter part of October last, or perhaps in Novem- of introduction Booth brought; it was Marber. He was brought to Dr. Queen's house tin, I believe; the first name I forget. by his son Joseph. None of the family, I did not buy any lands in that neighborhood, believe, had ever seen or heard of him to my knowledge. before; I know that I had not. He brought a letter of introduction to Dr. Queen from some one in Montreal, of the name of Martin, I think, who stated that this man Booth wanted to see the county. Booth's object in visiting the county was to purchase lands; he told me so himself, and made various I reside at Bryantown, Charles County, inquiries of me respecting the price of land Maryland. Some time in December last 1 there, and about the roads in Charles County. met J. Wilkes Booth at Church, near BryI told him that land varied in price from $5 antown. I was told it was Booth, the trage to $50 per acre; poor land being worth only dian. A few days afterward I saw him about $5, while land with improvements, or again in Bryantown. After speaking to one on a river, would be worth $50; but I could or two other persons, he asked me if I knew not give him much information in regard to any person who had any land to sell. I told these matters, and referred him to Henry him I had a tract which I should like to Mudd, Dr. Mudd's father, a large land-owner. dispose of, and took him to the window and He also inquired of me if there were any pointed out the place to him. I told him horses for sale in that neighborhood. I told the extent and price, etc. He asked me if I him that I did not know of any, for the had any horses to sell. I told him I had Government had been purchasing, and many several I would sell. He then said, “I will of the neighbors had been taking their be down in a couple of weeks and look at horses to Washington to sell. Booth told your land." By MR. EWING. me, on the evening of his arrival at Dr. I have heard Dr. Mudd say he would like Queen's, that he had made some specula- to sell his land. Last summer, when he tions or was a share-holder in some oil lands could get no hands, he said he would sell. in Pennsylvania; and as well as I remem- I asked him what he expected to do in case ber, he told me that he had made a good he sold his land; he said he thought of deal of money out of it, and I did not know going into business in Benedict, on the Pabut that he came down there for the purpose tuxent River; it is in an easterly direction of investing. from Bryantown, and is our usual port for Charles County. On the next morning, Sunday, I accompanied him and Dr. Queen to Church at Bryantown. I happened to see Dr. Samuel A. Mudd in front of the Church before entering, and spoke to him, and introduced Mr. Booth to him. Mr. Booth staid at Dr. Queen's that night and the next day. About the middle of the December following, if my memory serves me, Mr. Booth came down a second time to Dr. Queen's; he staid one night and left early next morning. I never saw him but on these two occasions, and do not know whither he went when he left Dr. Queen's. Cross-examined by ASSISTANT JUDGE Advocate Cross-examined by ASSISTANT Judge Advocate BINGHAM. Some four or five days after Booth was there, I saw Dr. Mudd. I told him I thought I should now sell my land. He asked me to whom I expected to sell. I told him there was a man by the name of Booth, who said he was coming down to look at it, when he said, "That fellow promised to buy mine." By MR. STONE. The distance from Bryantown to the Patuxent is ten miles. Matthias Point is the nearest crossing on the Potomac from Bryantown, and that is from fifteen to sixteen I live about seven or eight miles from Dr. miles. It is about fifteen miles from BrySamuel A. Mudd. I know the Doctor per-antown to Pope's Creek, which is opposite Matthias Point, on the Potomac, and about Cross-examined by ASSISTANT JUDGE ADVOCATE obtained from Dr. Mudd's house and from mine; most of it, I think, from Dr. Mudd's. Our meals were brought us by Dr. Mudd. The Doctor used to bring down a basket containing bread, meat, biscuit, and ham, and the colored girl, Mary Simms, I think, brought a pot of coffee. There is a large swamp between his house and mine. The first night we were on the other side of the swamp, after that we came within one hundred and fifty or two hun I live three miles and a half from Dr. Mudd. Dr. Mudd is understood to own the land he lives on, as other people own their land, but I do not know of my own know-dred yards of Mudd's house. The party conledge that it belongs to him. JEREMIAH DYER. For the Defense.-May 27. sisted of Benjamin Gwynn, Andrew Gwynn, and myself. There was at the time a general stampede and panic in the community. A good many left their homes, and went to their friends' houses, or from place to place. I have been living in Baltimore for two years; before that I lived from my childhood When we were in the pines, I think Mr. within half a mile of Dr. Samuel Mudd. I Gwynn's horses were left at Dr. Mudd's, and know Sylvester Eglent, who is a servant of were fed by the boys there; Milo Simms Dr. Mudd's father; I also know Frank Eglent, would be likely to attend to them. I reDick Washington, and Luke Washington. I member telling the children to keep a look never heard any conversation in which Dr. out, and if any one came to let me know. Mudd said he would send Sylvester Eglent We were all dressed in citizen's clothes. and his brother Frank Eglent to Richmond. Alvin Brook, William Mudd, Vincent Such a conversation could not have taken Mudd, and Albert Mudd might have come place in August, as I left that country on the there while we were there, but I do not dis1st of August for Baltimore, where I re- tinctly remember. mained until October. I then heard that I have known Daniel J. Thomas since he some thirty or forty of the hands had left, was a boy, and I know his reputation for and I went down to hire other hands to se- veracity in that neighborhood is such that cure the crop. I heard, when I got down very few men there have any confidence in there, that a man by the name of Turner him. His reputation is so bad that I would had started a report that he was going to not believe him under oath. catch all the negroes in that neighborhood and send them away. I never heard Dr. Mudd say any thing about sending off his hands to Richmond. I never met Dr. Mudd in company with Walter Bowie at his father's house. I know Milo Simms, Melvina Washington, Elzee Eglent, and Mary Simms; they were all, I think, servants of Dr. Mudd's house in 1861. I have known Dr. Mudd since he was a boy. I have never heard the slightest thing against him. He has always been regarded as a good citizen; he has a good reputation for peace, order, and good citizenship. I have always considered him a kind and humane master. I never knew of any thing to the contrary, except his shooting his servant, which he told me of the same day it happened. Cross-examined by the JUDGE ADVOCATE. a man they would not believe under oath. I know Andrew Gwynn very well. Since 1861 he has been in the rebel army. About he 1st of September, 1861, I was in the I have never heard Thomas charged with neighborhood of Dr. Mudd's house for about having sworn falsely. He is a noisy, talka week. We were knocking about in the ative man, but is unquestionably loyal. I pines and around there. It was about the can not say that I have ever heard a man time Colonel Dwight's regiment was passing of known loyalty speak of Mr. Thomas as through, and there was a perfect panic in the neighborhood; the report was that everybody was to be arrested. A great many were arrested. Mr. Gwynn and his brother came down in a fright, stating that they had been in the house to arrest them, or had been in formed they were on their way there. I also received notice that I was to be arrested. The two Gwynns came down then; I met them there at Dr. Mudd's or my house, I do I was a member of a military organizanot know which; the farms are adjoining tion in 1861, the object of which was, I beFor several nights we slept in the pines believe, to stand by the State of Maryland in tween his house and mine. That situation the event of its taking ground against the was a little inconvenient, and we moved over Government of the United States. I am not aware that I have been guilty of any disloyalty toward the Government; J certainly never wanted to see two Governments here, and I think I have desired that the Government of the United States might succeed in its endeavors to suppress the rebellion, and I have persuaded young men from going on the other side. and lay, I think, one or two nights near his Q. At the time of which you speak, the spring. We had some bed-clothing there, fall of 1861, was the subject of the Legis lature of Maryland passing an ordinance of secession much discussed among you? A. I do not know; I probably heard the subject spoken of very often, but I do not know that it was discussed to any extent. I may have heard it spoken of in crowds or congregations, but so far as conversing with any particular person on that subject is concerned, I have no knowledge of it. Q. Did you not suppose that the organization of which you were a member was at that time regarded as disloyal by the Government, and hence feared arrest? longed was not regarded as a disloyal orgarization in 1859; we never drilled after the breaking out of the war, Recalled for the Defense.-May 27. I know John H. Surratt; I have seen him on his father's place, at Surrattsville. This photograph of him [the one in evidence] is, I think, a good likeness. I have not seen him for a year and a half or two years. By MR. STONE. Dr. Mudd does not live on any of the A. I hardly know how to answer that direct roads leading from Washington to the question. That was in the incipiency of the Potomac. A person leaving Washington, inthing, and it was hardly time for men to re- tending to strike the Potomac above Pope's flect and give their minds room to see what Creek or Upper Cedar Point Neck, would go would be the result of rebellion and civil out of his way seven or eight miles to pass war; it was in the start, when every thing Dr. Mudd's. A person starting from here to was wild excitement and enthusiasm; and of strike the Potomac at Port Tobacco, would course I can hardly answer that question. be nearest Dr. Mudd's at Troy, where the That is seven or eight I do not know that I particularly rejoiced main road crosses. at the success of the rebels at the first battle miles from Dr. Mudd's place; so that a perof Bull Run. I might have been like a good call at Dr. Mudd's, and by the nearest road son would go out of his way sixteen miles to many others at that time; I suppose my it would be ten or twelve miles. Dr. Mudd's sympathies were with the rebels. When Richmond was taken, my sympathies were house is considerably nearer the Patuxent on the side of the Government; I wanted than the Potomac. All the shipping from to see the war stopped. I believe the United his farm is done on the Patuxent. I think States were pursuing the right course, except Pope's Creek on this side of the Potomac is in emancipating the slaves; I thought that nearly opposite Matthias Point, in Virginia. was wrong. By MR. EWING. Recalled for the Defense.-May 30. I have not seen a great deal of Mr. Thomas for the past two or three years; my estimate In September, 1861, I accompanied Benjaof his reputation for truth and veracity is min Gwynn and Andrew Gwynn to Virginia. based upon my knowledge of that reputation I think we remained in Richmond four weeks; for several years back. I know he has not I was sick there for two weeks. We sup borne a good reputation for truth and veracity posed we were to be arrested, and we went to in that neighborhood since he was a boy. I Richmond to avoid it. We were in the pines 1 have heard him spoken of as one who at Dr. Mudd's four or five days before we left. would tattle a great deal, and tell stories, and I belonged to a cavalry company, but I can say a great many things that were not true. not say that it was hostile to the GovernThe military company of which I have ment and Administration of the United spoken was organized, I think, in 1859, under the authority of Governor Hicks. On the 22d of February, 1860, we were up here in Washington, at the inauguration of the statue. By the COURT. States. I suppose, if Maryland had passed the ordinance of secession, in all probability that company would have been in the rebel army, but I can not say that it was an organization to support Maryland in so doing. I am not aware that I publicly proclaimed myself in favor of the secession of Maryland; I may have done so, but I do not now recollect. I have not been over the lines since the time I have referred to. Our company broke up immediately on the breaking out of the war, and a great many left and joined the rebel army. I think it was regarded by the Government as a disloyal I have been at Dr. Mudd's several times organization at the breaking out of the war. during the past two or three years. In going Mr. Thomas was, I think, a candidate for backward and forward from Baltimore, I gena seat in the House of Delegates of Mary-erally make Dr. Mudd's my head-quarters. land a year or two ago. By MR. EWING. By MR. EWING. I am brother-in-law to Dr. Mudd. I have I do not think Thomas was nominated; I two or three sisters in that neighborhood, saw his name in the newspaper, and I saw and I go to see them all. When I returned him at the polls on the day of the election; from Virginia I took the oath of allegiance, ae was then very confident of his election. and I have never, to my knowledge, vioThe military organization to which I be-lated it. |