I have known Dr. Mudd from early youth. | ple by which the ascertainment of truth is His general character for peace, order, and sought, can be received. I wish to state good citizenship in the neighborhood in most distinctly to the Court that I desire which he resides is exemplary; he has al- the utmost latitude of inquiry indulged in, ways been amiable and estimable, a good and that every thing shall be introduced neighbor, honest and correct. I never in al! which tends in any manner to illustrate the my life heard any thing to the contrary. I defense which is made for these prisoners. I think him humane and kind to his servants; wish no technical objection, and shall never I have lived very close to him all my life; make one, and, if made, I trust it will never he is so regarded universally, I believe. He be sustained by this Court. did not work them hard either; at least they did not do a great deal of work. The Commission sustained the objection. I remember Booth being in that county; I saw him at Church at Bryantown in the latter part of November or early in Decem- tion for loyalty to the Government of the I really do not know Dr. Mudd's reputaber last. I noticed a stranger there, and inquired who he was, and was told that his self heard him say that he did not desire United States during this war. I have my name was Booth, a great tragedian. From the description of him, and from his photo-known of any disloyal act of his, and never to see two Governments here. I have never graph, I am satisfied it was the same man. heard of any. I never, that I am aware of, I only know what I heard others say about heard any disloyal sentiments expressed by I have heard him express sentiments opposed to the policy of the Administration. I do not know that he has been open and not on trial here. him. his business there-the common talk. Q. What was the common talk? Assistant Judge Advocate BINGHAM. The witness need not state what the common talk was. It is not competent evidence to under- undisguised in his opposition to the endeavtake to prove common talk about a party bellion. ors of the Government to suppress the reFor the past two or three years Mr. EWING. May it please the Court, Iour people have had no disposition to talk know it is the object of the Government to time I would seldom talk about it with any about the rebellion or the war. For a long give the accused here liberal opportunities of presenting their defense. I am sure the one; and would not send to the post-office Judge Advocate does not intend, by drawing would not read them-just look over them for my papers perhaps for a week, and then the reins of the rules of evidence tight, to shut out testimony which might fairly go to that the State of Maryland had been false to on Sunday. I never heard Dr. Mudd say relieve the accused of the accusations made her duty in not going with other States in against them. I think it is better, not only the rebellion against the Government; and for them, but for the Government, whose majesty has been violated, and whose law you are about to enforce, that there should house. I did hear of his shooting one of his be liberality in allowing these parties to pre-I heard it was only a flesh wound. I do servants, and do not doubt that it was true. sent whatever defense they have to offer. We wish to show that Booth was in that not know that the boy is lame still; I do not think I have seen him since. county ostensibly, according to the common understanding of the neighborhood, for the purpose of selecting and investing in lands. We introduce this as explanatory of his I heard that the servant who was shot meeting with Dr. Mudd, whose family, as we was obstreperous; that he had been ordered expect to show, were large land-holders, and anxious to dispose of their lands, and I trust to the liberality of the Court to allow us to prove it. I never saw Confederate soldiers at his By MR. EWING. to do something which he refused to do, and started to go away; that the Doctor had his shot-gun with him, and he thought he would shoot him to frighten him, and make him stop and come back. The Doctor told me so himself. I believe he shot the boy somewhere in the leg. The JUDGE ADVOCATE. I wish certainly the utmost liberality in the introduction of the testimony of the defense here, and I hope the Court will maintain it. If I at any time fall I have heard Dr. Mudd make use of exshort myself of maintaining that spirit, I pressions in opposition to the policy of the trust the Court will do it. I think, however, Administration, but only in reference to the in this case there is no principle of evidence emancipation policy. He was a large slavethat will admit the mere talk of a neighbor-owner-and his father-too, and I suppose did bood. Any fact which any witness knows, not want to lose his property; this I sup tending to show for what purpose Booth was pose to be the cause of his uncompromising there, no matter what that fact may be, is opposition to the emancipation policy of the admissible; but a mere idle rumor, of which Government. I never in my life heard a you can not take hold, on which you can violent expression from him; it is not in his not cross-question, in regard to which you character; nor did he ever indulge in violent can not speak, it seems to me, on no princi- denunciations of the Government. Recalled for the Defense.-May 27. I have seen the handwriting of Dr. Samuel A. Mudd frequently, and am acquainted with it. [Exhibiting to the witness the register of the Pennsylvania House, heretofore produced.] and the name of Dr. Samuel A. Mudd does room. I recognize his handwriting on the page open before me; it is dated Friday, December 23, 1864. The book is the Pennsylvania House register, with which I am very familiar, having repeatedly registered my name in it for years past. We went into the hotel together, and I registered my name two names above his. I do not know at what Cross-examined by ASSISTANT JUDGE ADVOCATE hotel Dr. Mudd was in the habit of stopping when he went to Washington. some relatives there, and I frequently heard of his staying the night with them. I never was in Washington with him before. J. H. MONTGOMERY. For the Defense.-May 29. By MR. EWING. BINGHAM. He had I do not know who slept with Atzerodt at the Pennsylvania House on the night of the President's assassination; I was in bed that night. The next morning I saw the name of "Samuel Thomas" entered on the book; further than that I do not know. It was the rule of the house that the porter was never to allow a person to go to bed without registering his name; and I have never known the rule to be violated. The register does not show how long Dr. Mudd remained at the house in December; the cash-book would show that. I am acquainted with the prisoner, Dr. Samuel A. Mudd. On the 22d of last December, I think, the Thursday morning before Christmas, he asked me if I could bring a stove from Washington for him. I told him that Lucas, who hucksters for me and drives my wagon, could bring it down. Lucas went up on Wednesday, and was to come down on Thursday, but he did not come till Friday, and returned the same day. FRANCIS LUCAS. For the Defense.—May 26. [By request of Mr. EWING, the witness retired to examine the register of the Pennsylvania House for the name of Dr. Mudd after December 23d.] I have examined the register from the last entry of Dr. Mudd's name on the 23d of December, 1864, up to this month, May, and his name does not appear at all. JULIA ANN BLOYCE (colored.) I am a huckster, and live about two miles I went to live at Dr. Sam Mudd's on the from Bryantown, Maryland. On Christmas eve last, Dr. Mudd came to me in market day they call Twelfth Day after the Christand asked me to take a stove down for him; last Christmas. I used to cook, and wash, mas before last, and left two days before this I promised to do so, if I could. He came and iron, clean up the house, and sometimes to me two or three times to tell me not to wait on the table. I never saw Andrew forget it; and I finally told him it was out Gwynn, nor any Confederate officers or solof my power to take it. diers about Dr. Mudd's house, and never saw Cross-examined by ASSISTANT JUDGE ADVOCATE a man called Surratt there, nor heard the name mentioned. BINGHAM. I suppose it was about 9 or 10 o'clock on Christmas eve that he came to ask me to haul the stove. SAMUEL MCALLISTER. I have been a clerk at the Pennsylvania House in this city since the 2d of December last. [Submitting to the witness an hotel register.] That is the register of the Pennsylvania House. I have examined it very carefully, [A photograph of John H. Surratt exhibited to the witness.] I have never seen that man at Dr. Mudd's. I have seen Ben. Gwynn, but I did not see him at Dr. Mudd's last year. I did not hear his name nor Andrew Gwynn's mentioned. Dr. Mudd was very kind to us all. I lived with him a year, and he treated me very kindly; never gave me a cross word, nor any of the rest that I know of. I did not hear of his whipping Mary Simms; he never struck her nor any of the others a lick, through the whole year. I believe she left because Mrs. Mudd told her not to go out walking one Sunday evening; but she would, and the next morning Mrs. Mudd gave her about selves except during the night. Mr. Andrew three licks with a little switch, but the switch Gwynn was an intimate friend of ours, very was small, and I don't believe the licks could fond of music, and he spent two evenings have hurt her. The general opinion of Mary with us at my father's. He left that year, and Simms among the colored people is, that I have not seen him since, nor have I heard she is not a very great truth-teller. I know of his being at my brother's. I never heard she is not, because she told lies on me. The of a Captain Perry, or Lieutenant Perry, or colored folks think the same of Milo Simms of any Confederate soldiers being about my as of Mary; if he got angry with you, he brother's house. My father's house is about would tell a lie on you to get satisfaction. thirty or thirty-two miles from Washington. I never heard Dr. Mudd say any thing Cross-examined by ASSISTANT JUDGE ADVOCATE against the Government or Mr. Lincoln. BINGHAM. On the day I left, two days before Christmas, Dr. Mudd went away early in the mornI think I heard of Booth being at my ing, and his wife told me he was gone to brother's in the early part of last November. Washington to get a cooking stove. Since II do not know personally that my brother left Dr. Mudd's, I have been living in Bryantown with Mr. Ward. was at home on the 1st of March; I did not see him at all on that day. I do not know the officer who enrolled the names of those in our neighborhood subject to the draft, nor did I say any thing at all to the enrolling MUDD'S WHEREABOUTS, MARCH 1-5. officers as they passed by, or were at my FANNIE MUDD. For the Defense.-June 5. Dr. Samuel A. Mudd, the accused, is my brother. I know of my brother's whereabouts from the 1st to the 4th of March last. On the 1st of March my sister was taken sick, and on the morning of the 2d my father felt. She sent him word that she felt very sent to her room early to know how she badly, and was afraid she had the small-pox. My father immediately dressed, and went for my brother, and he came there with my father and took breakfast with us. On the 3d, my brother came in between 11 and 12 to see my sister, and took dinner with us. As he had not his medical case with him, having come in from the barn, where he had been stripping tobacco, he went home for it, and came back with the medicine for my sister. On the 4th he came to dinner again, and on the 5th, Sunday, he was at my father's in the evening, in company with Dr. Blanford, my brother-in-law. father's house. By MR. EWING. I know that it was the 1st of March that my sister was taken sick, because it was Ash lies to go to church that day, if possible, to Wednesday, and it is customary with Cathoprepare for the penitential season of Lent, and we were Catholics, and were particularly anxious to go to church. My sister attempted main at home. to rise that morning, but was not able; and a second time attempted, but was obliged to re I did not meet Booth when he was at Bryantown, but I saw him in church; he sat in Dr. Queen's pew, with his family. MRS. EMILY MUDD. By MR. EWING. I live at the house of Mr. Henry L. Mudd, the father of the prisoner, Samuel A. Mudd. On Thursday, the 2d of March, Dr. Samuel Mudd was summoned very early in the morning to see his sister, who was sick, and I did not see my brother on the 1st of again on the next day, the 3d. He came March, but I am pretty sure he was at home. over about 12 o'clock that day and dined I am confident my brother was not absent with us, and finding his sister much worse, from home at any time between the 1st and he came over again in the evening and 5th of March. We live very near, about brought her some medicine. He was there half a mile distant, and we go backward and forward sometimes twice a day. I was in the habit of visiting my brother's house very frequently last summer, and the summer previous. I never saw or heard of John H. Surratt being there. I heard of Booth being there once, probably in November; but I did not see him. Since this trial commenced, I have heard that he was there twice. again on Saturday to see her, and took dinner again; and I think he was there on Saturday afternoon. I am positive of the dates from the fact that the 1st of March, when the prisoner's sister was sick, was Ash Wednesday, and she could not go to church. I am sure that Dr. Samuel Mudd was not from home at any time between the 1st and the 5th of March; he was attending his sick sister, and was not absent from home at all. I knew of three gentlemen, Mr. Jerry I know Andrew Gwynn, but have not seen Dyer, Andrew Gwynn, and Bennett Gwynn, him since the fall of 1860. He was in the sleeping in the pines near my brother s house, habit of visiting the house of Dr. Mudd's in 1861; I do not think they secreted them- father before that, but has not, to my knowl BINGHAM. edge, been there, or at the house of Dr. | colored folks about tnere gave her a bad Samuel A. Mudd, since 1861. I never knew name as a story-teller. Dr. Mudd treated me John H. Surratt, or Lieutenant Perry, or very well; I have no fault to find with him. Captain Perry, and never heard of their being Cross-examined by ASSISTANT JUDGE ADVOCATE at the house of Samuel A. Mudd; nor have I ever known or heard of parties of Confederate officers or soldiers being about Dr. Dr. Mudd took breakfast at home on Samuel Mudd's house, and I have been in Thursday, and he was there all day when the habit of going to his house very frequently we were cutting brush; he was on one side since 1861. I saw Dr. Mudd on his way home of the path, and we were on the other. I from Bryantown on the Saturday afternoon know he was at home to breakfast, dinner. after the assassination of the President; no and supper on Thursday. one was with him. Cross-examined by ASSISTANT JUDGE ADVOCATE I saw him going by the road by his house toward Bryantown, I expect, between 1 and 2 o'clock; perhaps a little earlier; and I saw him coming back perhaps about 4; but I am not positive as to the time. On the 2d of March, he came to his father's very early, before breakfast; I do not know what time he left; I was sick and did not see him any more; on Friday I did not see him until noon, at dinner. I did not see him at all on Wednesday, the 1st of March, and do not know of myself whether he was abroad or at home on that day, nor do I know whether he was at home or abroad after he left his sister early in the morning of the 2d, until the next day at noon. BETTY WASHINGTON (colored.) By MR. EWING. Q. Are you certain that Dr. Mudd took breakfast at his house on the day after Ash Wednesday? Assistant Judge Advocate BINGHAM objected to the question as not proper re-examination. The cross-examination had been confined to matters brought out on the examination in chief, and therefore this kind of re-examination was not proper. Mr. EWING desired to put the question in FRANK WASHINGTON (colored.) It is a little better than twelve months since I went to live at Dr. Mudd's house. I was there last March, and I know that on the 1st, which was Ash Wednesday, he was out working with me on the tobacco bed from morning until night; the next day he was about the tobacco bed in the morning I went to live at Dr. Samuel A. Mudd's and afternoon. On Friday he went to the house the week after Christmas, and was bed again, but it commenced raining. He there in March last; I know that on the then went to the barn to strip tobacco, and 1st of March, Ash Wednesday, Dr. Mudd he staid in the barn until 12 o'clock, when was down at the tobacco bed, getting it he went to his father's. On Saturday it ready to sow; he was there until about dinner rained pretty hard, and he kept the house all time, and he and Mr. Blanford came in to day until pretty late in the evening, when dinner together. He was out all that after- he rode up to the post-office at Beantown. noon, but was at home at night. I saw him On Sunday he went to church. the next morning, Thursday, at breakfast On Ash Wednesday night, and every other time, and we cut brush all that day, and he night, Dr. Mudd was at home; Dr. Mudd was there working with us all day; he laid was also at home Tuesday, the last day of the brush off for us to dig up. On Friday, he February, and I saw him on Sunday night, was stripping tobacco in the barn. I saw him the 5th; he was at home. on Friday morning, but not at noon; he went from the barn over to his father's to dinner, and came back after we had been to supper. Cross-examined by ASSISTANT JUDGE ADVOCATE I saw him on Saturday at breakfast, and I always got up before Dr. Mudd, and I after dinner he went to the post-office at saw him go out of the house early on Thurs Beantown, and came back at night. On day morning; I was working with him all Sunday he went to church, and came home that day. He ate his breakfast before I had Sunday night. mine, and he ate his dinner and supper at The tobacco bed that he was fixing on the home. 1st of March is down close to Mr. Sylvester Mudd's. I was working on the bed with him. JOHN F. DAvis. I never heard of John H. Surratt while I lived at Dr. Mudd's. If I had heard talk of his name, I should know it. I know Mary I live in Prince George's County, Md., about Simms who used to live at Dr. Mudd's; all the a mile from the line of Charles County. 1 know that Dr. Samuel Mudd was at home on the 3d of March, for I went down to see him, and carried him half a dozen small perch. I saw him at his house, within five miles of Bryantown, at about 10 o'clock on Friday morning, the 3d day of March. THOMAS DAVIS. Recalled for the Defense.-June 5. By MR. EWING. Since the 9th of January I have been living at Dr. Samuel Mudd's. I recollect that he was at home on the 1st of March, because I was sick, and he came into my room to see me. He told me he could not give me any meat on that day because it was Ash Wednesday, the beginning of Lent. He came up to see me twice on that day, in the forenoon and afternoon, and on the 2d of March he came to see me twice, morning and evening. On the 3d I saw him three times, and on the 4th and 5th he came to see me as usual, in the forenoon and afternoon of each day. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM. I was sick and confined to my bed at Dr. Mudd's only once last winter; I was taken sick on the 22d of February, and remained sick and confined to the house until about the 15th of March; this is the same sickness that I swore to before the Court a week ago. By MR. EWING. On the 2d of March he was at my father's house before breakfast, having come to see my sister, who was sick. I saw him again that day at 4 o'clock. On the 3d of March he was sent for about 10 o'clock, and the boy found him in the barn stripping tobacco. He came about half-past 11 o'clock, remained to dinner, and left about 2 o'clock; I am very positive of this. In the afternoon of the same day he came again, and brought some medicine. I saw him again that evening when I went over to his house to fetch some medicine. On the 4th of March he was again at my father's house to see my sister. On the 5th of March I saw him at church, and he dined at our house. The distance from my father's house to the Navy Yard bridge at Washington is from twenty-seven to thirty miles. My brother has not owned a carriage of any description since I have known him. My father does not own any buggy; he owns a large two-horse, close carriage, holding four persons inside, two on the driver's seat, and a large seat behind. It is as large as any of the city hacks, and very heavy. Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM. I distinctly remember my brother being at my father's house on the 3d of March. I I came to my dinner my brother came in imwas at the barn stripping tobacco, and when mediately afterward, and he asked for some water to wash his hands; I noticed they were Dr. Mudd was up to see me every day dur-covered with the gum of tobacco. My sister ing the whole of that time, and generally Wednesday; I remember I went to church was taken sick on the 1st of March, Ash twice a day. Dr. Mudd did not own a twohorse buggy or rockaway while I lived there; he had no buggy at all. By ASSISTANT JUDGE ADVOCATE BINGHAM. He had his father's carriage once on the 17th of April. I do not know what he had while I was sick; I was not out to see. By MR. EWING. His father's carriage is a two-horse one. It is a close carriage; not a very heavy one. There is one seat inside, and one outside for the driver; I think it has a window in each side, and opens at the side with a door. By ASSISTANT JUDGE ADVOCATE BINGHAM. It has curtains. I said it was a rockaway, but I spoke of it first as a "carriage; " I never heard it called a rockaway. HENRY L. MUDD, JR. Of the whereabouts of my brother, Samuel on that day. DR. J. H. BLanford. By MR. EWING. I saw Dr. Mudd at his house on the 1st of March, and I saw him at church on the 5th. Dr. Mudd's father does not own a buggy or rockaway. His carriage is a large, close family carriage; four seats inside and two outside. MISS MARY MUDD. For the Defense.-June 9. By MR. EWING. On Ash Wednesday, the 1st of March, I was making preparations to go to church, when I was taken very sick. The sickness passed off, and I grew better; but on the 2d of March my father sent for Dr. Samuel Mudd, my brother, and brought him over. My father found him in bed. He remained with us till 7 o'clock, and then returned to his own house. On Friday morning, the 3d of March, there was an eruption on my face, and my mother, who was much frightened, sent a |