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DAVID STANTON.

For the Prosecution.—May 16.

beard that he has now; I see no change, with the exception of that caused by the want of shaving.

MAJOR KILBUrn Knox.

For the Prosecution-May 16.

I have seen that man with the black moustache before, [pointing to the accused, Michael O'Laughlin.] I saw him on the 13th of April, the night before the assassination, at the house of the Secretary of War. I was at the house of the Secretary of I saw him pass in the door, and take a po War, in this city, on the evening of the 13th sition on one side of the hall. I asked him of April last, and saw there a man whom I what his business was, and he asked me recognize among the prisoners. There he is, where the Secretary was, and I told him he [pointing to the accused, Michael O'Laughwas standing on the steps. He said nothing lin.] I left the War Department at 10 further, but remained there some minutes, o'clock, after the illumination there was until finally I requested him to go out. He over, and walked up to the Secretary's house. followed me out as far as the gate on the There was a band playing at the house, and left-hand side of the house, and that was on the steps were General Grant, Mrs. Grant, the last I saw of him. He did not ask for the Secretary, General Barnes and his wife, any one else besides the Secretary, nor did Mr. Knapp and his wife, Miss Lucy Stanhe explain why he was there. At first I ton, and two or three small children. I was supposed he was intoxicated, but I found standing on the upper steps, talking to Mra out, after having some conversation with Grant and the General. Some fireworks were being set off in the square opposite, General Grant was in the parlor. He and I stepped down a little to allow the and the Secretary were being serenaded. children to see them. I got down on the O'Laughlin could see General Grant from step, I think, next to the last one, leaning his position. He did not inquire for any against the railing, and this man [O'Laughone but the Secretary, and after I pointed lin] came up to me, after I had been there him out he did not go to him, and did not ten minutes probably, and said, "Is Stanton tell me what his business was. I did not in?" Said I, "I suppose you mean the see him go away from the house; there was Secretary?" He said," Yes." I think he such a crowd there. That was, I presume, about half-past 10 o'clock.

him, that he was not.

Cross-examined by MR. Cox.

made the remark, "I am a lawyer in town; I know him very well." I was under the impression he was under the influence of liquor. I told him I did not think he could That was the first time I ever saw this see him then, and he walked to the other man, and I did not see him again until I side of the steps, and stood there probably saw him on the Monitor as a prisoner, on five minutes. I still staid there, I suppose, the day on which Booth's body was taken for about five minutes, and he walked over away from the vessel. I can not be sure as to me and said, "Is Mr. Stanton in ?" and to the exact time when I first saw the man; then said, "Excuse me, I thought you were the fireworks commenced at about 9 o'clock, the officer on duty here." Said I, "There is and lasted about an hour and a half, and it no officer on duty here." He then walked was after they were over. He was dressed on to the other side of the steps, and walked in a suit of black; dress-coat, vest and inside of the hall, the alcove, and stood on pants, and his hat, which was a black slouch the inside step. I saw him standing there, hat, I think, he had in his hand. The and I walked over to Mr. David Stanton hall was very well lit up; the parlor, where General Grant was sitting, was also lit up, and I was directly in front of him when I addressed him.

and said, "Do you know that man?" He said he did not. I said to him, "He says he knows the Secretary very well, but he is under the influence of liquor, and you had better bring him out." Mr. David Stanton walked up to him, talked to him a few moments, and then took him down the steps He went off, and I did not notice him again. He did not say any thing about General Grant. By that time, I think, the General had gone into the parlor.

He was inside of the door, about ten feet, standing next to the library door. He was about five feet four inches in hight. When I saw him on the Monitor he stood up, but I had an indistinct view of him there, as it was dark. I thought the man was intoxicated, from the way he came into the house. I inquired, before I went to him, of differ- I think the Secretary stood on the steps ent members of the family, if they knew outside, and this man stood behind the Seo him. Finding they did not know him, I retary, and from where he stood he could addressed him, and requested him to go out, see into the parlor. On the left-hand side which he did, going after ine. There were of the hall, going in, is the library; on the a good many people about. The Secretary other side is the parlor door. He stood on of War and Major Knox were on the door- the side next to the library, and in that posisteps, and this man had got behind them. tion he could have looked into the parlor, He had, I think, the same moustache and and seen who was in there, through the door

The whole house was lighted up, and I feel the Secretary's room. To my knowledge I pretty certain that the prisoner, O'Laughlin, is the man I saw.

Cross-examined by MR. Cox.

had never seen the man before that evening. The next time I saw him was last Sunday week, in prison, in this building. I came down here with Major Eckert and Major Knox. I did not know what I was coming for; but when I was inside the room, and looking round, I saw that man, and I thought to myself, "I see the object of my coming down.'

I do not recollect whether it was moonlight or dark that evening. There was a great crowd round the Secretary's house, and close up to the steps. I did not notice the man until he walked up on the steps and spoke to me, and after he went out again I The first time I saw him it was very light, saw him no more. I did not go inside the and he had on a dark suit of clothes, with a hall while he was there. Secretary Stanton heavy moustache, black, and an imperial, was on the left-hand side of the steps, talk-and the way I took so much notice of him ing to Mrs. Grant, and the man went up on was, while I was speaking to him he was the right-hand side past them, and went in standing a little lower down, and I was and took a place on the left-hand side. He looking right in his face. had on a black slouch hat, a black frockcoat, and black pants; as to his vest I can not say. That was while the fireworks were going on. I had never seen the man before. I have seen him once since in this prison; I came here a week ago last Sunday for the purpose of identifying him.

MR. JOHN C. HATTER.

For the Prosecution.-May 16.

He wore a dark slouch hat, a little low, and dark dress-coat and dark pantaloons. I should judge him to be about five feet four or five inches. There was a crowd about the house, come to serenade the Secretary; four or five bands were there. The Secretary was in the parlor with General Grant; they had not come out then; there was nobody on the steps but me. Both doors were open, the front door and another door like the front entry, and the gas was fully lit all around.

MARCUS P. NORTON.

1 recognize that man, sitting back there, [pointing to the prisoner, O'Laughlin.] He is the man I saw at Secretary Stanton's house at about 9 o'clock, or after, on the For the Prosecution.—June 3. night of the illumination, the 13th of April. I was standing on the steps looking at the From about the 10th of January until illumination, and. this man [O'Laughlin] about the 10th of March, I was stopping at approached me, and asked me if General the National Hotel in this city. I knew J. Grant was in. I told him he was. He said Wilkes Booth, having seen him several times he wished to see him. Said I, "This is no at the theater. I saw the prisoners, George occasion for you to see him. If you wish A. Atzerodt and Michael O'Laughlin, at the to see him, step out on the pavement, or on National Hotel prior to the inauguration of the stone where the carriage stops, and you President Lincoln, in company with Booth. can see him." That was all that occurred I saw Atzerodt twice, and O'Laughlin four between us. He did not attempt to go into or five times, I believe, in conversation with the house. When he spoke to me, he left him. the steps and walked away toward the treebox, talking as he went, but I did not understand what he was saying. He seemed to reflect over something, and came back; then he walked off, and I did not see him any more. The house was illuminated, and it was pretty light outside, too.

Cross-examined by MR. Cox.

I am a sergeant in the Adjutant-General's service, at the War Department, on duty at

Cross-examined by MR. Cox.

When I saw O'Laughlin talking with Booth
at the National Hotel, he was in the presence
of other people, and in the hall, but there
was no one else in company with them. I
heard no portion of the conversation. It
was during the two months I was there, but
I can not fix the precise date.
See also testimony of

Marcus P. Norton.................................
Eaton G. Horner.......

page 177

234

DEFENSE OF MICHAEL O'LAUGHLIN.

BERNARD J. EARLY.

Recalled for the Defense.-May 25.
By MR. Cox.

followed him. One of the party bought tickets to go back into the ball. We did not stay there more than about an hour; we got tired of the affair and came out. We then went up the avenue, stopped at several places, and went into the Metropolitan Hotel, between 1 and 2 o'clock. We went out again for about five minutes, and returned at about the hour of 2, when we went up stairs to bed. Mr. O'Laughlin was with us all that night.

I do not know where Mr. Stanton's residence is; but I know the situation of the Treasury Building.

We left Baltimore on Thursday, the 13th of April, by the half-past 3 o'clock train, and arrived here about half-past 5. After leaving the cars, we went along the avenue to a restaurant kept by Lichau, I think it is called Rullman's Hotel. We remained there but a short time. Mr. Henderson went into the barber's shop to get shaved; while he was in there, Mr. O'Laughlin asked me to walk down as far as the National Hotel with him. I did so; when there, he walked up Q Mr. Stanton's house is six squares to the desk and inquired for some person, north of that, and one square east; I ask and told me to wait; he would detain me you if it is possible that Mr. O'Laughlin only a few minutes. I told him that I did could have been at Mr. Stanton's at 9 not like to wait; that I did not want to miss o'clock, or at any time between that and 11 the rest of the party. He said he would o'clock. not detain me more than ten or fifteen Assistant Judge Advocate BINGHAM obminutes, and left me standing in the front jected to the question, and it was waived. door. He then went in, and returned again WITNESS. On Friday night, O'Laughlin in from three to five minutes. Henderson was in Rullman's Hotel from about supper had not got through with his shaving by the time until he went out with Mr. Fuller. We time we got back. We all four then walked had supper at Welch's at about 8 o'clock, up the avenue, I guess as far as Eleventh and I suppose we staid there from about Street; then returned, and went into Welch's three-quarters of an hour to an hour. From dining-saloon for supper. This saloon is Welch's we went to Rullman's. Whether over Wall & Stevens'. We left there about Mr. O'Laughlin went out with Mr. Fuller half-past 7, and returned to Rullman's Hotel, before or after the assassination I can not and proceeded from there down as far as the say, but I distinctly remember his going out corner of Third Street, where O'Laughlin with him. and Murphy left Henderson and me, saying they were going around to see Mr. Hoffman, who was sick, and who lived on B Street. They returned in ten or fifteen minutes with Mr. Daniel Loughran. All five of us then started up the avenue to see the illumination. About Seventh Street, one of the party complained of having sore feet, and said he would not go any further. Seeing a notice On Friday evening, about 10 o'clock, I of the Canterbury Music Hall performances, suppose, we were all under the influence of we all went there, and got in about at the end liquor. We might have drank as many of the first piece. It was then getting on as ten times; it was mostly ale, though, that for 9 o'clock. We remained there till 10 Mr. O'Laughlin and myself drank. I hardly o'clock, when we proceeded to the Metropoli-ever saw him drink liquor. I was not tan Hotel, and from there down to Lichau's separated from O'Laughlin until he went out or Rullman's Hotel, reaching there about from Rullman's Hotel. That was about 10 half-past 10. O'Laughlin was with us all o'clock, or a little after. I next saw him the time. We remained at the hotel about again on Saturday morning. Rullman's an hour, I suppose. As we were there on Hotel is between Third and Four-and-a-half the steps, Mr. Grillet passed by with a lady, Streets. and spoke to Mr. O'Laughlin. We left there with Mr. Giles, one of the men of the house, and went down as far as Second Street. I believe Mr. O'Laughlin is acquainted at the saloons on the corner of B Street and Second. There was a dance or some thing going on there. He took the lead over there and we

Mr. O'Laughlin had on a dahlia coatsomething of a frock-a double-breasted vest, and pantaloons of the same material-a Scotch plaid, purple and green. I made these things for him.

Cross-examined by ASSISTANT JUDGE ADVOCATE

BINGHAM.

By MR. COX.

I have very seldom, if ever, seen O'Laughlin drink whisky. I have never seen him intoxicated but twice. I have known him slightly for about four years, and intimately for the last ten months.

EDWARD MURPHY,
For the Defense.-May 25.
By M. Cox.

Henderson, who wanted to see a lady friend of his that night, and the whole party staid on that account. I remember Mr. Grillet joined us on the steps of the Rullman Hotel on Thursday night.

Recalled for the Defense.-May 25.

By MR. COX.

JAMES B. HENDERSON
Recalled for the Defense.-June 12.

By MR. COX.

I reside in Baltimore. On the 13th of April last, in company with James B. Henderson, who proposed the trip, Michael O'Laughlin, and Barney Early, I came to Washington. We arrived here about 5 in the afternoon. From the depot we went to Sunday after the assassination, and he told I saw O'Laughlin in Baltimore on the Rullman's, had a drink or two, and started me that the officers were in search of him, for the Metropolitan. We went to several and that he was going to surrender himself places; took supper at Welch's, somewhere on the Monday following. about 8 o'clock. We were there about half an hour, and then came down to Rullman's again. There we met, I think, John Loughran, and took a walk up the street to see the illumination of the Treasury, and stopped on the corner of Ninth Street and the avenue. After standing debating there some time, we I am an Ensign in the United States Navy. went to the Canterbury Music Hall, staid I have been acquainted with the prisoner, there some time, walked down to the Metro- Michael O'Laughlin, for about six years. I politan Hotel, and then came back to Rull-proposed to him that we should come to man's. It was about a quarter to 10 when Washington on Thursday, the 13th of April, we got into Rullman's. O'Laughlin was and we left Baltimore at 3:30 on that afterwith us all the time. Then we went up to noon, arriving in this city between 5 and 6, Platz's and back again. That brought us I judge. On our arrival, we came up the to about half-past 11 or 12. We then started avenue, and stopped at the Lichau House, down to Riddle's, on the corner of B and or Rullman's Hotel. I went into the barber's Second Street, where we staid until half-past shop adjoining to get shaved, and O'Laugh12 or 1; from there we went to Dubant's, on lin went up the street in the mean time, but the corner of Sixth and the avenue, where he returned before I had finished shaving, we took a hack, and went to the corner of and, with the exception of that, he was not Tenth and the avenue. There is an all-out of my company the whole evening until night house there, and we went in and got bedtime. I went up the avenue to look at some refreshments. I suppose it was about the illumination. We did not go up as far half-past 1 when we were there. It was as Ninth Street. We stopped at the corner about 2 o'clock when we got to the Metro- of Seventh, and then went back to the Canpolitan and registered our names. Before terbury Music Hall. We reached there going to bed, we went across the street to about 9 o'clock; after staying there perhaps Gilson's and got a drink. It made it about three-quarters of an hour, we returned to half-past 2 when we got to bed. Michael Rullman's Hotel. We got there between 10 O'Laughlin was with us all the time from and 11, and staid about half an hour there. leaving the cars until we all went to bed, I retired for the night, at the Metropolitan except that when we first came down, while Hotel, at between 1 and 2 o'clock in the Henderson was being shaved. O'Laughlin morning. and Early left us for about five minutes and The avenue was very much crowded. It went as far as the National Hotel. They was almost impossible for a person to get were back before Henderson was shaved; along, and we did not go further west than & were not gone more than five or six minutes. little beyond Seventh Street, on Thursday I think I know where the house of Mr. evening; O'Laughlin was not any where in Stanton, the Secretary of War, is, and the neighborbood of Franklin Square-Mr. Laughlin was no nearer to it that night Stanton 8; he was with me all the time, except than the corner of Ninth and the avenue. when I was being shaved. I do not know I was with him all day Friday and up to certainly whether he slept at the Metropolitan 8 o'clock that night, when I went to the that night; I saw him in his room, and was Metropolitan Hotel, and did not see him there the next morning when they called him. again until Saturday morning. On Saturday On the Friday afternoon he left me in comI was with him from 9 o'clock in the morn-pany with Mr. Early, I think, but I met him ing till we went to the depot to go to Balti- again in the evening at Rullman's Hotel. He more. I did not know of the assassination was there with me until 10 o'clock I should till 9 o'clock Saturday morning. I never think, and then he went out with a man saw O'Laughlin in better spirits in my life named Fuller. He was there when thẻ than he was during this trip. When we news of the President's assassination came. started from Baltimore, it was our intention Our party had arranged to return to Baltito go up on Friday afternoon, but we staid more on Friday morning, but I proposed to in Washington at the solicitation of Mr. them to stay until Friday evening.

Cross-examined by the JUDGE ADVOCATE.

I do not know the name of the street on which Mr. Stanton resides, but I have been shown the house. It was impossible for O'Laughlin to have been there on the evening of Thursday, the 13th of April, for I was with him the whole evening. There was a good deal of free drinking that night by our party, and it was continued until a late hour. It would be impossible for me to say how many drinks we had; I should think not more than ten. They were mostly taken at hotels and restaurants on the avenue. One

of the party was drunk-Mr. Early-but the others were sober enough, I think, to be conscious of each other's movements, or presence, or absence.

home to supper. O'Laughlin and Murphy Henderson and Early in front of Adams' Excame to my boarding-house, and we met press Office, on Pennsylvania Avenue; that was about 8 o'clock. After we joined them, there to Rullman's Hotel. From Rullman's we went into Platz's Restaurant, and from Avenue and Ninth; it was about 9 o'clock we went up to the corner of Pennsylvania went into the Canterbury, staid there until then, for I looked at my watch. We then 10 or perhaps half-past; from there we went to the Metropolitan Hotel, and then to Rullman's, reaching there probably at half-past 10; perhaps a little earlier or later. Michael joined Henderson and Early until we went O'Laughlin was with me from the time we down to Rullman's Hotel.

I do not know where Mr. Stanton's house

been

O'Laughlin left me but for a short time on our arrival in Washington, while I got shaved, and told me he had been to see Booth. is, but I know where Franklin Square is, That was between 5 and 6 o'clock. I knew and I know that O'Laughlin could not have of his going to see Booth the next morning joined us at Rullman's at about half-past 10, up there during that time. Mr. Grillet at the National Hotel, and I went there to and I was with them until after 12 o'clock. call for him, but found he had left. On going O'Laughlin was there all that time. back to Rullman's, I found he was there, and he said he had been to the National Hotel, but Booth was out. I do not know of any other attempt on his part to see Booth, nor do I know his object in seeking

that interview.

By MR. COX.

O'Laughlin did not say any thing to me about Booth owing him money, and that he wanted to get some from him. He only told me that he had been to see him; he did not say whether he had seen him or not; and on Friday he said that 'e had been to see him, and he was not a nome.

By the JUDGE ADVOCATE.

I saw them the next evening, I judge, be tween 7 and 8, at Rullman's Hotel; I was know that they went to Welcker's; I heard there until perhaps half-past 9. I do not them speaking about going to supper, but where they went I do not know, nor do I know whether O'Laughlin went to supper. I did not miss him from the time I went

there until about half-past 9, when I went home, and saw him no more that night O'Laughlin wore a plaid vest and pants; the pants he wears now look like the ones. I think he had on a black slouch hat.

By the COURT.

By MR. Cox.

We occupied different seats at the CanterI had no particular reason for not return-bury play-house; two of us sat on one seat, ing to Baltimore on Friday; I wanted to stay them there all the time, and we all left toand the other two sat right behind. I saw a little while myself, and asked the others to stay. O'Laughlin himself had not spoken gether. of staying over. It was on the Wednesday that we arranged to come to Washington on O'Laughlin seemed very lively. The rethe Thursday; I proposed that we should all mark was made that they had come down come down on that day. I do not remem- from Baltimore to see the illumination and ber that O'Laughlin made any suggestions have a good time. I do not think he was inabout it; I think I asked him to come down. toxicated on Thursday evening; he was lively I had been on terms of intimate association and merry, but I can not say he was tight with him for only about a week previous to or drunk. that.

DANIEL LOUGHRAN.

For the Defense.-May 25.

By MR. COX.

GEORGE GRILLET.

For the Defense.-May 25.

By MR. COX.

I reside in Washington, and am solicitor I reside in this city. I have known the for the New York Cracker Bakery, 96 Louisaccused, Michael O'Laughlin, for eighteen or iana Avenue. I have known the accused, twenty months. On Thursday evening, the Michael O'Laughlin, one or two years. I 13th of April, at about a quarter past 7, I saw him on the steps of Rullman's Hotel, saw him in front of Rullman's Hotel, on between 10 and half-past 10, on the night of Pennsylvania Avenue, in company with Lieu- Thursday, the 13th of April, and he bowed tenant Henderson, Edward Murphy, and Ber- to me. Lieutenant Henderson and Edward nard Early. I did not join them then; I went Murphy were with him, and Henry Purdy,

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