Arnold, and their confederates, with knowl-be dealt with as contempt of Court, on the edge of the murderous and traitorous con- part of all persons or parties concerned in spiracy aforesaid, and with the intent to aid, making or procuring such publication.* abet, and assist them in the execution thereof, 7. For the security of the prisoners and and in escaping from justice after the murder witnesses, and to preserve order and decorum of the said Abraham Lincoln, in pursuance of said conspiracy in manner aforesaid. By order of the President of the United States. J. HOLT, Judge Advocate General. Charge and Specification indorsed: "Copy of the within Charge and Specification delivered to David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd, on the 8th day of May, 1865. [Signed] "J. F. HARTRANFT, Brev. Maj.-Gen. and Spec. Prov. Mar. Gen." To the Specification, all the accused severally To the Charge....... The Commission then considered the rules and regulations by which its proceedings should be conducted, and after discussion adopted the following: RULES OF PROCEEDING in the trial and proceedings, the presiding officer will furnish a pass to counsel, witnesses, officers, and such persons as may be allowed to pass the guard, and be present at the trial. No person will be allowed to pass the guard without such pass, which, for greater precaution, will be countersigned by the Special Provost Marshal in attendance upon the Court. 8. The argument of any motion will, unless otherwise ordered by the Court, be limited to five minutes by one Judge Advocate, and counsel on behalf of the prisoners. Objections to testimony will be noted on the record, and decided upon argument, limited as above, on motions. When the testimony is closed, the case will be immediately summed up by one Judge Advocate, at the discretion of the Judge Advocate General, and be followed or opened, if the Judge Advocate General elects, by counsel for the prisoners, and the argument shall be closed by one Judge Advocate. 9. The argument being closed, the Court will immediately proceed duly to deliberate and make its determination. 10. The Provost Marshal will have the ADOPTED BY THE MILITARY COMMISSION prisoners in attendance during the trial, and CONVENED PURSUANT ΤΟ SPECIAL be responsible for their security. Counsel may have access to them in the presence, but not in hearing, of a guard. ORDERS Nos. 211 AND 216. 1. The Commission will hold its sessions in the following hours: Convene at 10 A. M., and sit until 1 P. M., and then take a recess of one hour. Resume business at 2 P. M. 2. The prisoners will be allowed counsel, who shall file evidence of having taken the oath prescribed by act of Congress, or shall take said oath before being permitted to appear in the case. 3. The examination of witnesses shall be conducted on the part of the Government by one Judge Advocate, and by counsel on the part of the prisoners. 4. The testimony shall be taken in shorthand by reporters, who shall first take an oath to record the evidence faithfully and truly, and not to communicate the same, or any part thereof, or any proceedings on the trial, except by authority of the presiding officer. 11. The counsel for the prisoners will immediately furnish the Judge Advocate General with a list of the witnesses required for defense, whose attendance will be procured in the usual manner. To allow further time for the accused to COURT-ROOM, WASHINGTON, D. C., and approved. The accused, SAMUEL A. MUDD, applied for 5. A copy of the evidence taken each day shall be furnished the Judge Advocate Gen-permission to introduce Frederick Stone, Esq., and Thomas Ewing, jr., Esq., as his counsel. eral, and one copy to the counsel of the The accused, MARY E. SURRATT, applied prisoners. 6. No reporters but the official reporters Esq., and John W. Clampitt, Esq., as her for permission to introduce Frederick Aiken, hall be admitted to the court-room. But the Judge Advocate General will furnish daily, in his discretion, to the agent of the Associated Press, a copy of such testimony and proceedings as may be published, pending the trial, without injury to the public and the ends of justice. All other publication of the evidence and proceedings is forbidden, and will The testimony of Richard Montgomery, Sanford Conover, and James B. Merritt was, for prudential reasons, taken in secret session. At the opening of the session, on May 13th, the Judge Advocate announced that the testimony hereafter to be introduced might be given to the public without impropriety or embarrassment to the Govern ment, and that the President of the Commission would grant permits for admission to reporters and others to an extent not to interfere with the proceedings of the Commission. counsel, which applications were granted; the contrary, it should lead them to adopt and the aforesaid counsel, having first taken, the only course left to redress the wrong. in open Court, the oath prescribed by act of The taking of the oath under such circumCongress, approved July 2, 1862, accordingly stances, argues no unwillingness to surrender appeared. their rights. It is indeed the only way in which they can protect them, and no moral injunction will be violated by such a course, because the exaction of the oath was beyond the authority of the Convention, and, as a law, is therefore void." To allow further time for the accused to secure the attendance of counsel, the Commission adjourned, to meet on Friday, May 12th, at 10 o'clock A. M. COURT-ROOM, WASHINGTON, D. C May 12, 1865, 10 o'clock, A. M. The Commission met pursuant to adjourn ment. All the members present; also the Judge Advocate, the Assistant Judge Advocates, the accused, and Messrs. Ewing, Stone, Aiken, and Clampitt, counsel for the accused. The proceedings were read and approved. The accused, DAVID E. HEROLD, applied for permission to introduce Frederick Stone, Esq., as his counsel. The accused, SAMUEL ARNOLD, applied for permission to introduce Thomas Ewing, jr., Esq., as his counsel; which applications were granted, and the aforesaid counsel accordingly appeared. The accused, GEORGE A. ATZERODT, applied for permission to introduce William E. Doster, Esq., as his counsel. The accused, MICHAEL O'LAUGHLIN, applied for permission to introduce Walter S. Cox, Esq., as his counsel. The accused. LEWIS PAYNE, applied for permission to introduce William E. Doster, Esq., as his counsel. The accused, EDWARD SPANGLER, applied for permission to introduce Thomas Ewing, jr., Esq., as his counsel; which applications were granted, and Messrs. Doster, and Cox, having first taken, in open Court, the oath prescribed by act of Congress, approved July 2, 1862, accordingly appeared. The accused, MARY E. SURRATT, applied for permission to introduce the Hon. Reverdy Johnson as additional counsel for her, MR. JOHNSON. The Convention called to frame a new Constitution for the State was called under the authority of an act of the Legislature of Maryland, and under that alone. By that legislation, their proceedings were to be submitted to the then legal voters of the State. The Convention thought that they were themselves authorized not only to impose as an authority to vote what was not imposed by the then existing Constitution and laws, but to admit to vote those who were prohibited from voting by such Constitution and laws; and I said, in common with the whole bar of the State, (and with what the bar throughout the Union would have said if they had been consulted,) that to that extent they had usurped the authority under which alone they were authorized to meet, and that, so far, the proceeding was a nullity. They had prescribed this oath; and all that the opinion said, or was intended to say, was that to take the oath voluntarily was not a craven submission to usurped authority, but was necessary in order to enable the citizen to protect his rights under the then Constitution, and that there was no moral harm in taking an oath which the Convention had no authority to impose. The objection being then withdrawn, Mr. Johnson accordingly appeared as counsel for Mrs. Mary E. Surratt. The accused, David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E Surratt, and Samuel A. Mudd, severally, through their counsel, asked leave to withdraw for the time their plea of " Not Guilty," heretofore filed, so that they may plead to the jurisdiction of the Commission. The applications were granted. A member of the Commission (General T. M. Harris) objected to the admission of Mr. Johnson as counsel before the Commission, on the ground that he did not recognize the moral obligation of an oath designed as a test of loyalty, or to enforce the obligation of The accused then severally offered a plea loyalty to the Government of the United to the jurisdiction of the Commission as folStates, referring to a printed letter, dated Bal-lows: timore, October 7, 1864, upon "the constitutionality, legal and binding effect and bearing of the oath prescribed by the late Convention of our State, to be taken by the voters of the State as the condition and qualification of the right to vote upon the New Constitution." The letter, published over the signature of the Hon. Reverdy Johnson, pending the adoption of the New Constitution of Maryland. contained the following passage: one of the accused, for plea, says that this court has no jurisdiction in the proceeding against him, because he says he is not, and has not been, in the military service of the United States. And, for further plea, the said says that loyal civil courts, in which all the offenses charged are triable, exist, and are in full and free operation in all the places where the several offenses charged are alleged to have been committed. "Because the Convention transcended its power, as I am satisfied it has, that is no And, for further plea, the said reason why the people should submit. On says that the court has no jurisdiction in the matter of the alleged conspiracy, so far as it is swer to the special plea by one of the defendcharged to have been a conspiracy to murder ants, pleaded to the jurisdiction Abraham Lincoln, late President of the United of the Commission in this case, say that this States, and William H. Seward, Secretary of Commission has jurisdiction in the premises State, because he says said alleged conspiracy, to try and determine the matters in the Charge and all acts alleged to have been done in the and Specification alleged and set forth against formation and in the execution thereof, are the said defendant, in the charges and specifications alleged to J. HOLT, have been committed in the City of Washington, in which city are loyal civil courts, in full operation, in which all said offenses charged are triable. Judge Advocate General. The Court was then cleared for deliberation, and on being re-opened, the Judge Advocate. announced that the pleas of the accused had been overruled by the Commission. The accused then severally made application for severance as follows: one of the accused, asks that And the said for further plea, says this Court has no jurisdiction in the matter of the crime of murdering Abraham Lincoln, late President of the United States, and William H. Seward, Secretary of State, because he says said crimes and acts done in he be tried separate from those who are execution thereof are in the charges and charged jointly with him, for the reason that specifications alleged to have been committed he believes his defense will be greatly prejuin the City of Washington, in which city are diced by a joint trial. loyal civil courts, in full operation, in which said crimes are triable. Signed on behalf of the accused by counsel. The Judge Advocate then presented the following replication: Now come the United States, and for an Signed by counsel on behalf of accused. The Commission overruled the application for a severance. The accused then severally pleaded: To the Specification............" Not Guilty.' TESTIMONY RELATING TO THE GENERAL CONSPIRACY. RICHARD MONTGOMERY. Witness for the Prosecution.-May 12, 1865. He said he was in favor of the proposition, but had determined to defer his answer until he had consulted with his Government at I visited Canada in the summer of 1864, Richmond, and he was then only waiting and, excepting the time I have been going their approval. He added that he thought backward and forward, have remained there it would be a blessing to the people, both until about two weeks ago. I know George North and South, to have these men killed. N. Sanders, Jacob Thompson, Clement C. I have seen Lewis Payne, the prisoner at Clay, Professor Holcomb, Beverly Tucker, the bar, in Canada. I saw him at the Falls W. C. Cleary, and Harrington. I have frequently met these persons, since the summer of 1864, at Niagara Falls, at Toronto, St. Catherines, and at Montreal. Thompson passed by several other names, one of which was Carson. Clay passed by the name of Hope, also Tracy, and another was T. E. Lacy. in the summer of 1864. I saw him again, and had some words with him, at the Queen's Hotel in Toronto. I had had an interview with Mr. Thompson, and on leaving the room I met this man Payne in the passage way, talking with Mr. Clement C. Clay. Mr. Clay stopped me, and held my hand, finishing his conversation with Payne in an undertone, In a conversation I had with Jacob and when he left me for a moment he said, Thompson, in the summer of 1864, he said "Wait for me; I will return." He then he had his friends (Confederates) all over the went and spoke to some other gentleman Northern States, who were ready and willing who was entering Mr. Thompson's door, and to go any lengths to serve the cause of the then came back and bade me good-by, askSouth; and he added that he could at any ing where he could see me in half an hour. time have the tyrant Lincoln, and any other I told him, and made an appointment to of his advisers that he chose, put out of his meet him. While Mr. Clay was away, I way; he would have but to point out the spoke to this man Payne, and asked him man that he considered in his way, and his who he was. I commenced talking about friends, as he termed them, would put him some of the topics usually spoken of in conout of it, and not let him know any thing versation among these men. He rather hesi about it if necessary; and that they would tated about telling me who he was. He said, not consider it a crime when done for the cause of the Confederacy. Shortly after Mr. Thompson told me what he was able to do, I repeated the conversation to Mr. Clay, who said, "That is so; we are all devoted to our cause, and ready to go any lengths-to do any thing under the sun to serve our cause.' "O, I am a Canadian;" by which I understood that I was not to question him further. In about half an hour afterward I asked Mr. Clay who this man Payne was, and he said, "What did he say?" I told him that he said he was a Canadian. Mr. Clay laughed and said, "That is so; he is a Canadian; and,” he added, "we trust him." The term "Canadian" was a common expression among the Confederates there, and was applied to those who were in the habit of visiting the States; and I understood from Mr. Clay's laugh that their intercourse was In January of this year, I saw Jacob Thompson in Montreal several times, in one of these conversations he said a proposition had been made to him to rid the world of the tyrant Lincoln, Stanton, Grant, and some others. The men who had made the propo- of a confidential nature. sition, he said, he knew were bold, daring men, and able to execute any thing they sination. A few days after, I met Beverly would undertake, without regard to the cost. Tucker at Montreal. He said a great deal I have been in Canada since the assas TESTIMONY OF RICHARD MONTGOMERY. about the wrongs that the South had re- stopping. I was intrusted with dispatches took no dispatches from the rebel Govern- 1 related a portion of the conversation I had had with Mr. Thompson to Mr. W. C. I received a dispatch at Gordonsville from Cleary, who is a sort of confidential secretary to Mr. Thompson, and he told me that a gentleman who represented himself as Booth was one of the parties to whom being in the rebel State Department, and Thompson had reference; and he said, in re- sent by their Secretary of State. This disgard to the assassination, that it was too bad patch I delivered to Mr. Thompson in OctoThompson, Clay, Cleary, and others that the whole work had not been done; by ber. which I understood him to mean that they represented themselves as being in the service intended to assassinate a greater number than of the Confederate Government. they succeeded in killing. Cleary remarked, when speaking of his regret that the whole work had not been done, "They had better look out; we have not done yet." And he added that they would never be conquered would never give up. Cleary said that Booth had been there, visiting Thompson, twice in the winter; he thought the last time was in December. He had also been there in the summer. Thompson told me that Cleary was posted upon all his affairs, and that if I sought him (Thompson) at any time, and he was away, I might state my business to Mr. Cleary, and it would be all the same; that I could have perfect confidence in him, and that he was a very close-mouthed man. I frequently heard the subject of raids upon. our frontier, and the burning of cities, spoken of by Thompson, Clay, Cleary, Tucker, and Sanders. Mr. Clement C. Clay was one of the prime movers in the matter before the raids were started. They received his direct indorsement. He represented himself to me as being a sort of representative of their War Department at Richmond. The men I have reference to, more especially Mr. Clay and Mr. Thompson, represented that they were acting under the sanction of their Government, and as having full power to act with reference to that; that they had full power to do any thing that they deeemed expedient and for the benefit of their cause. I was in Canada when arrangements were On my return to Canada, a few days after made to fire the City of New York. I left the assassination, I found that those parties Canada to bring the news to Washington, supposed that they were suspected of the two days before the attempt was made. It assassination. They expected to be indicted originated in Canada, and had the full sancin Canada, for a violation of the neutrality tion of these men. Before the St. Albans' raid I knew of it; law, a number of days before they were indicted, and they told me they were destroy- I was not, however, aware of the precise point ing a great many of their papers. Tucker aimed at, but I informed the Government at and Cleary both told me they were destroy- Washington that these men were about setting Tucker said, in an inter-out on a raid of that kind. I also informed ing their papers. view I had with him after my return, that the Government of the intended raids upon it was too bad they had not been allowed to act when they wanted to. A paper containing a secret cipher, found among J. Wilkes Booth's effects, introduced in evidence, was here handed to the witness. ] Buffalo and Rochester, and by that means prevented them. I heard Mr. Clay say, in Speaking about the funds for paying these raids, that he always had plenty of money to pay for any thing that was worth paying I know that they had funds deposited I am familiar with two of the secret ciphers for. used by the Confederates; this is one of them. in several different banks. They transacted I saw this cipher in 1864, in Mr. Clay's considerable business with one which is, I house-the private house in which I was think, called the Niagara District Bank; it was almost opposite to Mr. Clay's residence stopping at St. Catherines. in St. Catherines. During my stay in Canada I was in the With respect to George N. Sander's posiservice of the United States Government, seeking to acquire information in regard to tion, Mr. Clay told me I had better not tell the plans and purposes of the rebels who him all the things I was bent upon, nor all To do this most the things they intrusted to me; that he was were assembled there. He said effectually, I adopted the name of James a very good man to do their dirty work. Thompson; and leading them to suppose this Those were Mr. Clay's words. was my correct name, I adopted some other Sanders was associated with men that they name at any hotel at which I might be could not associate with; but that he was |