feeling grateful to me for having procured that his reputation as a man of truth and inthe tickets for him. I should say it was tegrity is good, and from this knowledge of about the time of the inauguration, though his character I would have no hesitation in I have no means of fixing the date, that Mr. believing him under oath. Norton mentioned to me the fact of a person entering his room. It was the abrupt manner of the person that excited his suspicions, and it alarmed his sister very much. I think he said she was unwilling to remain in the room alone after that.

Cross-examined by MR. DOSTER.

I know by rumor only of one or two cases of attempted impeachment of Mr. Norton, but they were failures. Mr. Norton has a large business at Troy, and is employed by first-class houses.

SILAS H. HODGES.

For the Prosecution.—June 9.

I do not remember his stating the time, but I think the circumstance occurred just about at the time he told me, because I was in free intercourse with him nearly every day while he was here. I do not remember that he gave me any description of the man, or that Le mentioned his inquiring after anybody; I I reside in Washington, and hold the apknow he told me that he followed the man. pointment of examiner-in-chief in the Patent He expected the man to go up stairs, but in- Office. I resided for twenty years at Rutland, stead of that he went down stairs, and he fol- Vt. I have known Marcus P. Norton for at lowed him; he did not say how far, whether least eleven years. Some years ago Mr. Nordown to the office or not. I do not remember ton moved to Troy, and I do not know how whether Mr. Norton spoke of having any he stands there so well as I do at Rutland. conversation with the man, but my impression is that he said the man made some excuse for his abrupt entrance.

WILLIAM WHEELER.

For the Prosecution.-June 9.
By the JUDGE Advocate.

Until within the last two or three years I and what I have heard has grown out of litinever heard any thing against his reputation, gations in which he has been engaged. Outside of these litigations, I never heard his veracity questioned.

Cross-examined by MR. DOSTER.

I do not know that I can recall any inciI have known Marcus P. Norton intimately dents in which I have heard any person speak for twelve or fifteen years; I knew him first of Mr. Marcus Norton as a man distinguished at school in Vermont, and subsequently at for veracity. It is about five years since I Troy, New York. From my long personal left Rutland, and I have known him peracquaintance with him, I am enabled to state sonally ever since.

TESTIMONY CONCERNING MICHAEL O'LAUGHLIN.

WILLIAM WALLACE.

For the Prosecution.-May 9.

Assistant Judge Advocate BINGHAM objected to the question. The brother-in-law is not the prisoner. The proposition is to On the 17th of April, I arrested the pris- show a declaration of the prisoner on his oner, O'Laughlin, at the house of a family own motion, and at another time and place; named Bailey, on High Street, Baltimore. it is the declaration of a third person, and I This was not his boarding-house. I asked object. him why he was there instead of at his board

Mr. Cox. The object is to show that the ing-house; he said that when he arrived in prisoner voluntary surrendered himself by town on Saturday he was told that the officers sending for the officer. The evidence offered had been looking for him, and that he went on the part of the prosecution was designed away to a friend of his on Saturday and Sunday night. When he was arrested, he seemed to understand what it was for, and did not ask any questions about it.

Cross-examined by MR. Cox.

Q Did the brother-in-law of the prisoner send for you or go for you to arrest him?

to show that O'Laughlin was avoiding the arrest. In cross-examination, I desire to show that the arrest was made at the instance of the brother-in-law; and I propose to follow that hereafter, by proof that the prisoner himself sent his brother-in-law to communicate his whereabouts to the officer. I think that is legitimate on cross-examination.

Mr. Cox. It is not the declaration of a fact that I offer, but of an act done by the brother-in-law, on which the officer

acted.

Assistant Judge Advocate BINGHAM. It is men here [pointing to the accused, Michael not cross-examination; it is new matter al- O'Laughlin and Samuel Arnold] who had together. We have not offered any evidence rooms at my house. I am not positive, but of what the prisoner said to his brother-in- I think it was on the 10th of February last law; this witness's testimony was as to what they came. John Wilkes Booth came very the prisoner said to him. often to see the prisoners, O'Laughlin and Arnold, but did not, as a general thing, remain very long. I was told by Arnold, when I inquired, that the gentleman's name was John Wilkes Booth. Sometimes Booth would call when they were out; sometimes he called two or three times before they returned. He generally appeared very anxious for their re turn. Sometimes, when he found them out, he requested, that if they returned before he called again, that they would come to the stable. Or he sometimes left a note, going into their room to write it. Booth, who frequently came in a carriage, would sometimes inquire for one, sometimes the other, but I think he more frequently inquired for O'Laughlin. The only arms I ever saw in their rooms was a pistol; this I saw only once.

The Commission overruled the objection. WITNESS. I am well acquainted with Mr. Maulsby. He was recommended to me on Sunday evening as a good Union man, one in whom I could put implicit confidence. He knew I was looking for O'Laughlin. I told him I wished him to assist me in getting him. He said he would do all he could to assist me. On Monday morning he came and told me that, if I would go with him, he thought he could find O'Laughlin, and I went with him to the house where we found him.

O'Laughlin, I think, said that when he got to his brother-in-law's house, on Saturday afternoon, he heard that the detectives had been there. He said he knew nothing of the assassination whatever, and could account for his whereabouts during all the time of his I stay in Washington by the parties who were

with him.

[Photograph of Booth exhibited to the witness.]

I recognize that as a likeness of Booth, but should not call it a good one. I think him time Booth played here, about the 18th or a better looking man than this is. The last 20th of March last, when he played Pescara, I expressed a desire to see him, and Mr. O'Laughlin gave me complimentary tickets.

For the Prosecution.-May 22. A man used sometimes to call to see them, Michael O'Laughlin, the prisoner, came and I think he passed one night with them, into our lines about the time of the battles by his leaving the room very early one mornof Antietam and South Mountain. He came ing. I never heard his name. He was not in at Martinsburg, I think, about September, what you would call a gentleman in appear1863. He stated to me that he had taken ance, but a very respectable-looking mechanic. the oath of allegiance at Martinsburg. His skin was hardened like that of a man found in the records of my office, this mornwho had been exposed to the weather, and ing, the oath of allegiance of one Michael he had sandy whiskers. I do not see him O'Laughlin, dated Baltimore, June 16, 1863, among the prisoners. and signed Michael O'Laughlin, and is, I believe, in the handwriting of the prisoner. I have seen a great deal of his handwriting within the last two or three weeks, and have no doubt the signature is his.

Arnold and O'Laughlin said they were in the oil business, but they did not say that they were connected with Booth in it. Letters occasionally came for them, but not a great many. The letters were sometimes addressed to one, sometimes to the other. Ar When O'Laughlin was first brought to my office, he stated that he had not reported; he nold and O'Laughlin left my house, I think, afterward sent for me to correct that error, on the Monday following the Saturday on and to say that he had reported at Martins- which Booth played at the theater; about burg when he came into our lines, and had the 20th of March. there taken the oath of allegiance.

By the COURT.

Cross-examined by MR. Cox.

I think these gentlemen had been at my I only know of O'Laughlin being in the house two or three weeks when they said rebel service from his own declarations. Mr. they were in the oil business. When they O'Laughlin's family have resided in Balti-left, I understood they were going to Pennsylmore as long as I can remember. I have vania. Nothing was said by them at any known them, I suppose, for thirty years.

MRS. MARY VAN TINE.

For the Prosecution.-May 15,

time about having abandoned the oil business. They did not stay a great deal in their room, and they were sometimes out all night. I can not say whether Mr. Booth's visits were more frequent during February or

I reside at No. 420 D Street, in this city, March. He was a constant visitor. I never and keep rooms to rent. I see two gentle-heard any of their conversations.

BILLY WILLIAMS (colored.)
For the Prosecution.—May 15.

I know the prisoner, Mr. O'Laughlin, and
I know Mr. Arnold by sight.

In March last I was going by Barnum's Hotel, when Mr. J. Wilkes Booth, the actor, came down the steps and asked me if I would take two letters for him. He told me there was one for O'Laughlin, and the other he said I was to take to the number that was on it. He did not tell me who it was for. There was a colored fellow with me, and I asked him to look at it and see what it was, as I could not read writing. He told me one was for Mr. O'Laughlin, and the other was for Arnold. I took one to Mr. O'Laughlin at the Baltimore Theater, and one I carried to Mr. Arnold. As I was in a hurry, I gave it to a lady who was at the door, and she said she would send it up to him. I saw O'Laughlin at the theater, and gave him his letter there. I said, "Mr. O'Laughlin, here is a letter Mr. Booth gave to me," and I handed it to him.

Mr. Cox. I must object to the whole of this evidence of the delivery of this note to O'Laughlin, and I desire, if the objection is sustained, that it be struck out of the record.

The JUDGE ADVOCATE. If the Court please, it is simply going to establish the intimacy of these men, their close personal relations with each other, as evidenced by their correspondence; and I think, in that point of view, it is clearly competent. We have presented them as visiting each other constantly. Now we are following them to Baltimore, and showing them as corresponding with each other constantly. Both facts go to establish an intimacy which is in accordance with the theory of the prosecution, which is, that they are co-conspirators. We do not offer the contents of the letter; simply the fact of their corresponding with each other.

the months. It might have been the middle of March or toward the end. Mr. O'Laughlin's letter I took round to the Holliday Street Theater; it was in the afternoon, and I found him in the dress-circle. I know Mr. O'Laughlin right smart.

Cross-examined by MR. EWING.

When Mr. Booth gave me the letters, he said that one was to go up to Fayette Street, above Hart, and I asked a lady at the door, and she read the direction to me. I asked Mr. Booth how his mother was, and he said very well; and he said he was going away to New York at half-past 3 o'clock.

JOHN HAPMAN.

For the Prosecution.-May 18.
[Submitting to the witness a telegraphic dispatch.]
I have seen that dispatch before. It reads:
WASHINGTON, March 13, 1864.

To

M. O'Laughlin, Esq., No. 57 North Exeter
Street, Baltimore, Md.

Don't fear to neglect your business. You
had better come at once.
[Signed]
J. BOOTH.

[The original of the foregoing dispatch was offered in evidence.]

This dispatch was sent by telegraph from this city to O'Laughlin, March 13, 1865. We used the old printed forms of the year before, which accounts for the date being 1864. I knew J. Wilkes Booth, and saw him write that message.

Cross-examined by MR. Cox.

Q. Can you say whether this is a question or a command, "Don't you fear to neglect your business?"

Assistant Judge Advocate BINGHAM objected to the question. The writing must be its own interpreter.

The Commission sustained the objection.

EDWARD C. STEWART.

For the Prosecution.-May 18.

I am a telegraph operator at the Metropolitan Hotel in this city.

Mr. Cox. I object to any evidence of the acts of Booth himself. The act of sending a note to an individual, no matter what may be the contents of that note, would be no evidence against that individual, unless the contents were accepted and acted upon by him. The mere fact of intimacy alone is an innocent fact on the part of the accused, and therefore is not evidence, I think, of a conspiracy. I therefore object to it, in the first place, as an act of Booth to which the defendant is not a party at all. He could not help receiving a letter from Booth. The act of receiving a letter was an entirely innocent one. I object, furthermore, that even if it Get word to Sam. Come on, with or withtends to show intimacy, it does not tend to out him, Wednesday morning. We sell that prove the guilt of the party of the charge now made against him.

The Court overruled the objection.

Cross-examined by MR. Cox.

I think it was in March that I took the letters, because I heard Tom Johnson say it was March. I never took much notice of

[A telegraphic dispatch was handed to the witness.] I sent this dispatch myself over the wires to Baltimore; it is:

WASHINGTON, March 27, 1864.

To M. O'Laughlin, Esq., 57 North Exeter
Street, Baltimore, Md.

day sure.

Don't fail.

J. WILKES BOOTH.

[The dispatch was offered in evidence.]

I did not know the man who gave it to me; he wrote it and asked me to send it. I think I should know him if I were to see his photograph.

[The photograph of Booth shown to the witness.]

That is the gentleman who sent it. true date of the telegram is March 27, not 1864.

Cross-examined by MR. Cox.

The 1865,

there were four of us in company. Mr. Ar nold was not, to my knowledge, on the cars. When we arrived in this city, O'Laughlin asked me to walk with him as far as the National Hotel. He did not take a room there. I do not know that he made inquiries for This paper does not show that the dis- Booth at the desk, nor did I see him associpatch was sent last March, it is dated 1864, ating with Booth. We stopped that night at but that was because we used last year's the Metropolitan Hotel. On Friday I was blanks. I remember sending this very mes- with O'Laughlin the greater part of the day. sage this year; it was given to me by the When we got up, we went down and took gentleman whose photograph has been shown

to me.

By the COURT.

I have been an operator at the Metropolitan Hotel about ten months. I was not there in March, 1864.

SAMUEL STREETT.

For the Prosecution.-May 15.

breakfast at Welch's (Welcker's) on the ave nue. After that, all four of us came up the avenue in company. When passing the National Hotel, about 9 o'clock, I think, I stopped to go back to the water-closet. When I came out, Mr. Henderson, one of the company, was sitting down. As I was going out, he called me back, and told me to wait for O'Laughlin, who was gone up stairs to see Booth. We waited, I judge, about threeI have known the prisoner, Michael O'-quarters of an hour, but as he did not come Laughlin, from his youth. About the 1st of down, we went out without him. In about April last, I saw him in this city, conversing an hour after that, when we were at a reswith John Wilkes Booth. They were con-taurant on the avenue, between Third and ferring together in a confidential manner on Four-and-a-half Streets, O'Laughlin came in. the stoop of a house, on the right-hand side O'Laughlin, Henderson, and myself had of the avenue going toward the Treasury supper at Welch's, and the last time I saw Department; I do not know what house it O'Laughlin that night was at a restaurant, There were three of them in company; going out with Mr. Fuller. It was pretty Booth appeared to be the speaker of the late, but whether it was before or after the party, and the third person was an attentive assassination I can not say. O'Laughlin listener. I addressed O'Laughlin first, having had been there for supper. We had been known him more familiarly than I did Booth drinking considerably. The name of the O'Laughlin called me to one side, and told present proprietor of the restaurant, I believe, me that Booth was busily engaged with his is Lichau. I think, though I would not be friend, or was talking privately. They were certain, that O'Laughlin remained there until conversing in a low tone. The third after the assassination. However, I distinctly party, as near as I remember, had curly hair; he remember seeing him go out in company had on a slouch hat, and seemed to be in a with Mr. Fuller. Mr. Fuller used to be stooping position, as though talking to Booth employed by O'Laughlin's brother in this in a low tone, or attentively listening to city. Booth's conversation. [Looking at the prisoners.] I can not swear that the man is here.

was.

Cross-examined by MR. Cox.

O'Laughlin returned to Baltimore with me next day, Saturday, by the 3 or half-past 3 o'clock afternoon train. After we arrived in Baltimore, on going down to his house, we⚫ met his brother-in-law on the way. He The house at which I saw Booth and told Mr. O'Laughlin that there had been O'Laughlin conversing was, I believe, on the parties there that morning looking for him. avenue between Ninth and Eleventh Streets; O'Laughlin went into the house, and asked I am not certain about the date, but I think me if I would remain there for awhile; after it was nigh on to April. When O'Laughlin that he invited me to come in. I went in, made the remark that Booth was engaged and sat in the parlor, while he went up stairs with his friend, it is likely that I asked to see his mother; he remained a few minO'Laughlin to propose to Mr. Booth to take a drink, and O'Laughlin's remark, that Booth was engaged with a friend, might have been in reply to my invitation.

BERNARD T. EARLY.

For the Prosecution.-May 15.

utes, and then came down and said he was not going to stay home that night. I can not say that he appeared to manifest any excitement, except when he heard that there were parties after him because of his known intimacy with Booth, having been acquainted with him, and in the habit of going with him, and from being supposed to be connected with him in the oil business

Cross-examined by MR. Cox.

I am acquainted with the prisoner, O'Laughlin, and slightly with Mr. Arnold. I came down to this city from Baltimore on the Thursday before the assassination-the night| I came down to Washington with Mr. of the illumination-with Mr. O'Laughlin; Henderson, who is, I believe, à Lieutenant in

the United States navy, Edward Murphy, we had aboard that kept us. We did start O'Laughlin, and myself. I was invited down to return by the 11 o clock Saturday morning by Mr. Henderson. He came to the store train. We went as far as the depot, and Mr. after me that afternoon, and asked me to Henderson got the tickets. O'Laughlin come down, with the intention of having a wanted to go, and I said to Mr. Henderson, good time, and to see the illumination. I "If you press Mike, he will stay until the heard Mr. Murphy say that he invited them. afternoon." So we all concluded to stay Mr. O'Laughlin came to the store with Mr. until the next train, at 3 o'clock in the afterHenderson, and Henderson invited me to go noon. along with them. We slept at the Metropolitan Hotel on Thursday night. Hender son, Smith, and myself slept together in a three-bedded room, and O'Laughlin, whose name came last as we signed our names, Assistant Judge Advocate BINGHAM objecthad a room to himself. It was on the same ing to the question, it was varied as fol floor as that on which we slept, and the lows: second or third door from our room. It was about 2 o'clock on Friday morning when we went to bed. In the morning I rapped at O'Laughlin's door; I peeped in at the keyhole, and saw that he was in the room and asleep, and I woke him up.

Q. During this visit did you see any thing in Mr. O'Laughlin that betrayed a knowledge of any thing desperate which was to take place?

Q. During this visit, state what his conduct

was.

A. His conduct was the same as I usually saw him-jovial and jolly as any of the rest of the crowd.

Q. In good spirits?

Q. No nervousness?
A. No, sir.

the death of his mother. I told O'Laughlin that I thought it best for him to stay at home until the parties who were looking for him came again; but he said no, it would be the death of his mother if he was taken in the house.

I do not know for what purpose O'Laugh- A. Yes, sir; he was particularly so coming lin called to see Booth. After waiting, I sup-down in the cars with us that Thursday evenpose, three-quarters of an hour at the National ing. Hotel, during which time we had some cards written by a card-writer, we sent up some cards to Mr. Booth's room for O'Laughlin, When O'Laughlin got to Baltimore and that he might take it as a hint, and come went to his house, he went up stairs, I sup down, for we were tired of waiting. The pose, to see his mother. On returning he said cards were returned with the message that he would not stay at home that night. The there was nobody in the room. We left the remark he made was, that he would not like cards with the clerk at the desk. O'Laugh- to be arrested in the house; that it would be lin took a stroll round the city with us, and then four of us had dinner at Welch's; I do not know the hour; it was between 12 and 2. After dinner we took another stroll. Whether O'Laughlin was with me or not I can not say. We had been drinking pretty freely, all of us. Between 4 and 5 O'Laughlin went Re-examined by the JUDGE ADVOCATE. with me to a friend's house to pay a visit to a lady. I was not well acquainted with the We, all four of us, returned to the Metrostreets, and I asked him to go with me to politan Hotel between 1 and 2 o'clock, I sup find the place. The lady invited us to din-pose, when we went to bed; that is, on Friday ner. She took our hats, and we had to stay. We had a second dinner there, and left, I suppose, about 6 o'clock. We returned together to the Lichau House, and were found there by Murphy and Henderson. We staid there until about 7 or 8, and then went to Welch's and had supper. We were there when the procession of the Navy Yard men passed up the avenue. That was perhaps between 8 and 9 o'clock. After that I went back to the Lichau House, and sat there until I went to bed. O'Laughlin was there the I am acquainted with the prisoner, Mr. best part of the evening. I was there when O'Laughlin. I saw him in this city on I heard of the assassination. It was, I be- Thursday and Friday, the 13th and 14th of lieve, about 10 o'clock when I saw O'Laughlin go out with Mr. Fuller, but I could not say whether I saw him there when the news came or not. Mr. Henderson was in the barroom, I believe, but Mr. Murphy had left us on the avenue previous to that.

morning. After having supper on the Thursday evening, we went to see the illumination, and walked a considerable distance up the avenue. After returning, we went, at the invitation of Mr. Henderson, to the Canterbury Music Hall. O'Laughlin was not sep arated from us during that night.

JAMES B. HENDERSON.

For the Prosecution.-May 15.

April. I do not know whether he visited J. Wilkes Booth on either of those days, but he told me on Friday that he was to see him that morning.

Cross-examined by MR. Cox.

When we came down on Thursday, it was He only told me he was to see Booth, but our intention to go back on Friday; at least did not say what for. I can not tell exactly whether he said he had an engagement.

I understood so. I guess it was the liquor