without exciting suspicion, and leading to the Booth, whom I saw on one occasion in detection of the parties. Whether the scheme conversation with Sanders and Thompson, has been entirely abandoned or not, I do not went by the nick-name of "Pet." I so heard know; but so far as the blowing up of the him called by Mr. Thompson, I think; by dam is concerned it has not been. Jacob Cleary, I am sure, and by others. Thompson fully approbated the enterprise, The firing of New York City was recogand discussed it freely, together with Mr. nized among these parties as having been Lewis Sanders, Mr. Cleary, and Mr. M. A. performed by the authority of the rebel GovPallen of Mississippi, who had been a sur-ernment, and was by the direction of Mr. geon in the rebel ariny. The matter was Thompson. I so learned from Mr. Thompdiscussed in June last, and I have heard it son, or at least from conversation in his presspoken of since. When Mr. Thompson ence. Thompson said Kennedy deserved to made the suggestion that the collection of so be hanged, and he was devilish glad he had large an amount of poison might attract at- been, because he was a stupid fellow, and a tention to the operation, Mr. Pallen and others bungler, and had managed things badly. thought it could be managed in Europe. Pallen is a physician.

I have always, in my convictions and feelings, been loyal to the Government of the Among others that I knew in Toronto was United States, and escaped from the rebel Dr. Stuart Robinson, a Doctor of Divinity, service the first moment I had opportunity. a refugee from Kentucky, where he had been I know, of my own personal knowledge, that editor of a journal, called the True Presby-Jefferson Davis was the head of the so-called terian. He was present when some of these Confederate States, and was called its Presischemes were being discussed. I remember dent, and acted as such, controlling its armies he approved of the poisoning of the Croton and civil administration. water. He said any thing under heaven, that could be done would be justifiable under the circumstances. He is regarded as one of the most intense of all the traitors who have taken refuge in Canada; he is, I believe, related to the Breckinridges of Kentucky. Dr. Robinson appeared to be on intimate terms with Jacob Thompson and Dr. Black

burn.

Recalled for the Prosecution.-June 27.

The following was read by the Judge Advocate from volume published in Montreal, by John Lovell, St. Nicholas Street, 1865, entitled The St. Albans Raid; or, InH. Young and Command for their Acts at St. Albans, Vt., vestigation into the Charges against Lieutenant Bennett on the 19th of October, 1864," at page 212:]

James Watson Wallace, of Virginia, on his oath, saith: I am a native of Virginia, one of the Confederate States. I resided in JefferI saw John H. Surratt in Canada three or son, in the said State. I left that State in Ocfour days after the assassination of the tober. I know James A. Seddon was Secretary President. I saw him in the street with a of War last year. Being shown and having Mr. Porterfield. I learned immediately after examined the papers M, N, and O, I say that, that Surratt was suspected; that officers were from my knowledge of his handwriting, the on his track; and that he had decamped. signatures to said papers are the genuine Mr. Porterfield is a Southern gentleman, signatures of the said James A. Seddon. I now a British subject, having been made so, have seen him upon several occasions write I believe, by a special act of the Canadian and sign his name. He has signed docuParliament. He has been for some time a ments, and afterward handed them to me, in broker or banker there. He is the agent my presence. I never was in the Confederwho took charge of the St. Albans plunder ate army. I was commissioned as Major to for the Ontario bank, when prematurely raise a battalion. I have seen a number of given up by Judge Coursol. Porterfield is the commissions issued by the Confederate on very intimate terms with Thompson and Government, and the commission of LieuSanders.

When Mr. Thompson received the dispatches from Richmond in April assenting to the assassination, there were present Mr. Surratt, General Carroll of Tennessee, I think Mr. Castleman, and I believe there were one or two others in the room, sitting farther back. General Carroll participated in the conversation, and expressed himself as more anxious that Mr. Johnson should be killed than anybody else. He said that if the damned prick-louse were not killed by some body, he would kill him himself. His expression was a word of contempt for a tailor, BO I have always understood. At this interview it was distinctly said that the enter prise of assassinating the President was fully confirmed by the rebel authorities at Richmond.

tenant Young, marked "M," is in the usual form of all commissions issued in the army, which are always signed by the Secretary of War. I never served; I was incapacitated by an accident, and being then kidnapped by the Northerners.

I was in Richmond in September last. I then visited the War Department. It was then notorious that the war was to be carried into New England in the same way that the Northerners had done in Virginia. When I was in Virginia, I lived in my own house until I was burned out, and my family were turned out by the Northern soldiers.

The counsel for the United States object to the whole of this evidence as illegal, irrelevant, and foreign to the issue, and conse quently decline to cross-examine.

[Signed] J. WATSON WALLACE

[The witness proceeded:]

Beverly Tucker made the remark, after din That contains my testimony in that case, ner-I dined with them-that that scoundrel and a great deal more that I did not give. Stanton, and that blood-thirsty villain Holt, It is compounded of the testimony of myself might protect themselves as long as they reand of a James Wallace, who also was ex-mained in office, and could protect themselves amined in that case. There was also a by a guard, but that would not always be the William Pope Wallace, who gave testimony case, and, by the Eternal, he had a large ac in that case, and I do not know but a fourth count to settle with them. Sanders never Wallace. The testimony of James Wal- made such vehement threats as I have heard lace is included in that of James Watson Tucker and others make. Cleary threatened Wallace, the name under which I was there the officers of the Government for the execuknown. The testimony I gave on that oc- tion of Beall. He said that Beall would have casion was correctly reported in the Witness; been pardoned if it had not been for Judge I think also in the Montreal Transcript. In Holt; but, he said, "blood shall follow blood;' the Gazette, and I think in the Telegraph, and added, "We have not done with them the report was the same as appears in that yet." He boasted of it, and reminded me, book, which was, I believe, printed from type just after the killing of President Lincoln, set up in the Telegraph office. of what he had said on a former occasion; namely, that retributive justice would come. He considered the killing of the President as an act of retributive justice.

[The following, cut from a newspaper, was then read by the Judge Advocate, and afterward offered in evidence:] James Watson Wallace, sworn: I reside at present in this city; have been here since I had been in Canada at my last visit but last October; formerly resided in the Con- a short time when the parties of whom I federate States. I know James A. Seddon; have testified knew of my presence. I was he occupied the position of Secretary of War. not then aware that my testimony had been I should say the signatures to the papers M, published, or I should not have gone there. N, O, are those of the said Seddon. I have on While sitting in a saloon, one of the Canaseveral occasions seen the signature of James dian rebels came in, and, discovering my presA. Seddon, and have seen him on several ence, immediately reported it to the rest; occasions sign his name; he has signed docu- then there came in more than a dozen-Sanments in my presence, and handed them to ders, Tucker, Carroll, and O'Donnel, the me after signing. I never belonged to the man who boasted of setting fire to houses Confederate army, but have seen many com- in New York, and others. They at once missions issued by the Confederate Govern- accused me of betraying their secrets in bement. The commission of Lieutenant Young, coming a witness before this Commission. marked M, is in the usual form. The army Not knowing at the time that my testimony commissions are always signed by the Secre- had been published, I denied having testitary of War. I have never seen a commis-fied. They insisted that it was so, and that sion with the signature of the President or they would not be satisfied unless I would with the seal of the Government. The Con- give them a letter stating that I had not tesfederate States, at the time I left the country, tified. I knew that it was only by doing had no seal; one had been devised, but had something of that kind that I could get not been prepared. away from them. It was then arranged that I should go down to my hotel, and it was That paragraph appeared in either the my intention, if I got out of their hands, to Witness or the Transcript, from one of which leave the place at once. When we got oppapers it is cut, and was published immedi-posite the St. Lawrence Hall they said, "We ately after the trial, and correctly reports will go up here." O'Donnel had a room at the testimony I gave on that occasion. the St. Lawrence Hall. Just as I had en

[The witness continued:]

case.

After giving my testimony here on the tered his room, Beverly Tucker came in and 20th and 22d of May, I left this city and re- said that a mere letter would not be suffiturned to Canada, under instructions from cient; that, having testified before the ComJudge Holt to procure a certified copy of the mission under oath, I must make an affidaevidence before the Court in the St. Albans vit under oath, to make my denial equally I met Beverly Tucker, G. N. Sanders, strong. This, at first, I declined to do, when his son, Lewis Sanders, General Carroll of a dozen of them assailed me in the most furiTennessee, M. A. Pallen of Mississippi, Ex-ous manner, and O'Donnel, drawing from his Governor Westcott of Florida, and a number pocket a pistol, said if I would not consent, of others. I had conversations with them, I could not leave that room alive. I still deespecially with Beverly Tucker and G. N. clined for a time, when Sanders said to me, Sanders, in reference to events here in Wash- "Wallace, you see what kind of hands you ington, connected with the assassination, and are in; I hope you will not be foolish enough the trial of the assassins. At that time they to refuse." It was under these circumstances had not the slightest suspicion that I had been that I consented. a witness before this Commission. They therefore received me with great cordiality, and the subject of the trial was very freely discussed.

Mr. Kerr, who defended the St. Albans raiders, was sent for to prepare the statement, when we adjourned to the room of Ex-Governor

Westcott. I then again declined giving my of Montreal. I have seen and examined the oath to any statement, and again pistols report of what is called the suppressed eviwere held to my head by one of Morgan's dence before the Court-martial now being guerrillas. I do not know his name, but I holden at Washington City on Mistress Surknow him well as a rebel soldier. O'Don- ratt, Payne, and others; and I have looked nel also presented his pistol at me, and as carefully through the report of the evidence sured me I must take the consequences if I in the New York papers of a person calling would not do as they desired me. The affi- himself Sanford Conover, who deposed to davit was read to me in Westcott's room; I, the facts that while in Montreal he went by however, paid little or no attention to it, and the name of James Watson Wallace, and I there signed it, and went through the cere- gave evidence in the St. Albans raid investimony of taking an oath. They also brought gation; that the said Sanford Conover evisome other man in, accompanying Mr. Kerr. dently personated me before the said CourtKerr had no knowledge of the menaces martial; that I never gave any testimony under which I signed the paper. Beverly whatsoever before the said Court-martial at Tucker said, before Kerr came, that in order Washington City; that I never had knowlto make my deposition of any value, it must edge of John Wilkes Booth, except seeing seem that I did it willingly, and that I him upon the stage, and did not know he must not manifest any unwillingness to sign was in Montreal until I saw it published, it before Kerr; if I did, they said they would¦ after the murder of President Lincoln; that I follow me to hell. never was a correspondent of the New York When Kerr brought the paper for me to Tribune; that I never went under the name sign, I did so without any remark; although of Sanford Conover; that I never had any the statements in the body of the paper are confidential communication with George N. absolutely false. The following, which ap- Sanders, Beverly Tucker, Hon. Jacob Thomp peared in the Montreal Telegraph, and after-son, General Carroll of Tennessee, Dr. M. ward in the New York World, is a copy of A. Pallen, or any of the others therein menthe paper I signed.

[The paper was put in evidence. ]

THE SUPPRESSED TESTIMONY.

Sanford Conover v. James W. Wallace-Affidavits of the real Wallace-Five Hundred Dollars Reward offered for the Arrest of Conover-What Thompson said about a Proposition to Destroy Waterworks in Northern Cities-Interesting Depositions.

[From the Montreal Evening Telegraph, June 10. ] To the Editor of the Evening Telegraph:

SIR: Please publish my affidavit now handed you, and the advertisement subjoined. I will obtain and furnish others for publication hereafter. I will add that if President Johnson will send me a safe conduct to go to Washington and return here, I will proceed thither and go before the Military Court and make profert of myself, in order that they may see whether or not I am the Sanford Conover who swore as stated.

JAMES W. WALLACE. MONTREAL, June 8, 1865.

PROVINCE OF CANADA, DISTRICT OF MONTREAL.

tioned; that my acquaintance with every one of these gentleman was slight; and, in fine, I have no hesitation in stating that the evidence of the said Sanford Conover personating me is false, untrue, and unfounded in fact, and is from beginning to end a tissue of falsehoods.

I have made this deposition voluntarily and in justice to my own character and name. [Signed] J. WATSON WALLACE.

Sworn to before me, at Montreal, this eighth day of June, 1865.

G. SMITH, J. P.

I, Alfred Perry, of Montreal, do hereby certify that I was present when the said osition, and that he gave it of his own free James Watson Wallace gave the above depwill; and I further declare he is the same Honorable Justice Smith in the case of the individual who gave evidence before the

St. Albans raiders. ALFRED PERRY
MONTREAL, June 9.

Extract from suppressed testimony given at Washington before the Military CommisJames Watson Wallace, of the city and sion by Sanford Conover, alias J. Watson district of Montreal, counselor at law, being Wallace, on the first two days of the produly sworn upon the Holy Evangelists, doth ceedings, as published in the New York padepose and say: I am the same James Wat- pers:

son Wallace who gave evidence on the sub- Q. State whether you did testify on the ject of the St. Albans raid, which evidence question of the genuineness of that signatnre appears on page 212 of the printed report of of Seddon?

Q. In what court?

the said case. I am a native of the county A. I did.
of Loudon, in the Commonwealth of Vir-
ginia. I arrived in Montreal in the month

A. I testified before Judge

that the

of October last past. I resided during a por-signature was genuine. tion of last winter and spring in houses in Q. State to the Court whether you are ac Craig Street and Monique Street, in the city quainted and familiar with the handwriting

of James A. Seddon, the rebel Secretary of question. And this deponent saith that no War?

A. Yes, sir.

Q. State to the Court, upon your oath here, whether the signature to the blank commission you saw was his genuine signature or not?

A. It was his genuine signature.

force or violence was used toward the said James Watson Wallace, nor were any menaces or threats made use of toward him by any one, but he seemed to be anxious to make the said affidavit, and to use all means in his power to discover the person who had 80 personated him, the said James Watson

Q. Did you go to Canada by the name of Wallace, before the Military Commission; Samuel Conover?

A. No, sir.

Q. What name did you go there by?
A. James Watson Wallace.

[The witness continued:]

Of Alfred Perry, the person named in the paper, I know nothing. I never heard of such a person.

and further this deponent saith not, and hath
signed.
WILLIAM H. KERR.

Sworn before me at Montreal, this ninth day of June, eighteen hundred and sixty-five. JAS. SMITH, J. S. C.

Five hundred dollars reward will be given for the arrest, so that I can bring to

[The Judge Advocate here read the following, which punishment, in Canada, the infamous and was put in evidence:]

PROVINCE OF CANADA, DISTRICT OF MONTREAL.

perjured scoundrel who recently personated
me under the name of Sanford Conover, and
Military Commission at Washington.
deposed to a tissue of falsehoods before the

JAMES W. WALLACE

[The witness continued:]

That paper and its preparation is part of the action referred to, and was prepared under the threat to which I have testified. I can not say positively that those parties attempted to detain me in Canada; I only know that I was rescued by the United States Government, through the interposition of Major-General Dix.

NATHAN AUSER.

For the Prosecution.-June 27.

William Hastings Kerr, of the city and district of Montreal, esquire, advocate, being duly sworn, doth depose and swear that he knows James Watson Wallace, late of Virginia, but now and for the last seven months resident in the city of Montreal, counselor at law; that he, this deponent, was one of the counsel engaged for the defense in the affair of the investigation before the Hon. Judge Smith into the St. Albans raid; that he was present in Court, and examined the said James Watson Wallace while the said investigation was going on, a report of whose testimony appears at page 12 of the printed case, published by John Lovell, of the said city of Montreal; that this deponent has frequently seen the said James Watson Wal- I reside in New York, and am acquainted lace on private business, and has acted as the with Sanford Conover, who has just testified; Baid James Watson Wallace's professional I have known him eight or ten years; his adviser in Montreal; that this deponent yes- character for integrity and usefulness is good, terday saw the said James Watson Wallace as far as I know. I recently accompanied in the said city of Montreal; that he was him to Montreal, in Canada, and was present present while the said James Watson Wal- at an interview which he had with Beverly lace denied that he, the said James Watson Tucker, George N. Sanders, and that clique Wallace, was the person who, under the name of rebel conspirators. After we went into of Sanford Conover, gave, before the Military O'Donnel's room, at Montreal, Mr. Cameron Commission or Court-martial now and for gave each of us a paper containing the evisome time past assembled in Washington, dence Mr. Conover gave here in Washington evidence which has since been published as before the Commission, when he denied it the suppressed evidence in the New York They told him he must sign a written paper papers-he, the said James Watson Wal- to that effect, and if he did not, he would not face, then and there declaring that some per- leave the room alive. O'Donnel said that he Bon had personated him, the same James would shoot him like a dog if he did not Watson Wallace, and had given testimony Mr. Conover was first going to his hotel to which, from beginning to end, was a tissue write the paper; at first they agreed to this, of falsehoods; that this deponent was present but when they got as far as St. Lawrence while the statements and denials of the said Hall, they made up their minds they would James Watson Wallace were reduced to writ- not let him do this himself, and when they ing in his presence, and signed by the said went up stairs, at the St. Lawrence Hall, they James Watson Wallace, and sworn to by him would not allow me to go up. There were, before G. Smith, Esq., one of her Majesty's I think, twelve or fifteen of the conspira justices of the peace; that the said James tors together; among them, Sanders, Tucker, Watson Wallace then and there declared O'Donnel, Gen. Carroll, Pallen, and Cameron. that he made the said affidavit voluntarily, They all accompanied him for the purpose and, in order to clear himself from any of preventing his escape, and obliging him to suspicion of being the Sanford Conover in do what they required.

TESTIMONY OF JAMES B. MERRITT.

JAMES B. MERRITT.

For the Prosecution.-May 13.

also were the names of George Harper, Charles Caldwell, one Randall, and Harrison, by which name Surratt was known, and I was born in Canada, while my parents whom I saw in Toronto. Another person, I were on a visit there from their home, Oneida think, spoken of by Sanders, was one they county, New York. I am a physician, and called "Plug Tobacco," or Port Tobacco. have resided for about a year in Canada; I think I saw the prisoner, D. E. Herold, in part of the time at Windsor, and part at Canada. Sanders said that Booth was heart and soul in this project of assassination, and North Dumfries, Waterloo county. In October or November last, I met at felt as much as any person could feel, for Toronto, George Young, formerly of Mor- the reason that he was a cousin to Beall gan's command; a man named Ford, also that was hung in New York.

He said that

from Kentucky; and another named Graves, if they could dispose of Mr. Lincoln, it would from Louisville. Young asked me if I had be an easy matter to dispose of Mr. Johnseen Colonel Steele before leaving Windsor. son; he was such a drunken sot, it would Steele was a rebel, and I understood had be an easy matter to dispose of him in some been in the rebel service. He asked me if of his drunken revelries.

When Sanders

Colonel Steele had said any thing to me in re-read the letter, he also spoke of Mr. Seward. lation to the Presidential election. I told him I inferred that it was partially the language he had not; he then said, "We have some of the letter. It was, I think, that if the thing on the tapis of much more importance President, Vice-President, and Cabinet, or than any raids we have made or can make." Mr. Seward could be disposed of, it would He said it was determined that Old Abe be satisfying the people of the North; that should never be inaugurated; that, I believe, they (the Southerners) had friends in the was his expression. They had plenty of North, and that peace could be obtained on friends in Washington, he said; and, speak- better terms than could be otherwise obing of Mr. Lincoln, he called him a "damned tained; that they (the rebels) had endeavored old tyrant." I was afterward introduced to to bring about the war between the United George N. Sanders by Colonel Steele. I asked States and England, and that Mr. Seward, This was sugSteele what was going to be done, or how he through his energy and sagacity, had liked the prospects of the Presidential elec- thwarted all their efforts. tion, and he replied, "The damned old tyrant gested as one of the reasons for removing never will serve another term if he is elected." Mr. Sanders then said he (Lincoln) "would keep himself mighty close, if he did serve another term."

him.

On the evening of Wednesday, the 5th of April last, I was in Toronto, and when on my way to the theater, I met Harper and About the middle of February, a meeting of Ford. They asked me to go with them and rebels was held in Montreal, to which I was in- spend the evening; I declined, as I was going The next morning I was vited by Captain Scott. I should think there to the theater. were ten or fifteen persons present; among around by the Queen's Hotel, where I saw Harper said them were Sanders, Colonel Steele, Captain Harper, Caldwell, Randall, Charles Holt, Scott, George Young, Byron Hill, Caldwell, and a man called "Texas." Ford, Kirk, Benedict, and myself. At that they were going to the States, and were meeting a letter was read by Sanders, which going to kick up the damnedest row that had he said he had received from "the Presi- ever been heard of. An hour or two afterdent of our Confederacy," meaning Jefferson Davis, the substance of which was that if the people in Canada and the Southerners in the States were willing to submit to be governed by such a tyrant as Lincoln, he did not wish to recognize them as friends or associates; and he expressed his approbation of whatever measures they might take to accomplish this object. The letter was read openly in the meeting by Sanders, after which it was handed to those present, and read by them, Colonel Steele, Young, one after another. and Hill, and I think Captain Scott, read it. I did not hear any objection raised.

ward I met Harper, and he said if I did not hear of the death of Old Abe, and of the Vice-President, and of General Dix, in less than ten days, I might put him down as a damned fool. This was the 6th of April.

Booth, I think, was mentioned as being in Washington. They said they had plenty of friends in Washington, and that there were some fifteen or twenty going there. On Sat urday, the 8th of April, I was at Galt, five miles from which place Harper's mother lives, and I ascertained there that Harper and Caldwell had stopped there and had started for the States.

When I found that they had left for At that meeting Sanders named a number of persons who were ready and willing, as Washington, probably for the purpose of he said, to engage in the undertaking to re-assassinating the President, I went to Squire move the President, Vice-President, the Cab- Davidson, a justice of the peace, to give ininet, and some of the leading Generals; and formation and have them stopped. He said that there was any amount of money to ac- that the thing was too ridiculously or sucomplish the purpose, meaning the assas-premely absurd to take any notice of; it sination. Booth's name was mentioned, as would only appear foolish to give such inform