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ation and cause arrests to be made on such tragedy in this city, or with any other plots grounds; it was so inconsistent that no person yet in preparation. The bearer is directed to would believe it, and he declined to issue any pay all expenses connected with your trip. I am, very respectfully, Your obedient servant,

process.

I was in Galt again on Friday after the assassination, and I found from Mr. Ford that Harper had been home on the day before, and had started to go back to the States again.

JAMES B. FRY, Provost Marshal General.

Cross-examined by MR. STONE.

The man called Harrison I saw in Canada

Some time last fall, one Colonel Ashly, a rebel sympathizer, and a broker at Windsor, two or three times; I saw him once in a sahanded me a letter which he had received loon, about the 15th or 20th of February; he from Jacob Thompson, asking him for funds was pointed out to me by Mr. Brown, I think, to enable rebels to pay their expenses in going and I noticed him more particularly on acto the States to make raids, as I understood; count of his name having been mentioned, in and, referring to the letter, he asked me to connection with others, at the meeting in contribute. Montreal.

Cross-examined by MR. AIKEN.

In February last I had a conversation with Mr. Clement C. Clay in Toronto. I spoke to him about the letter from Mr. Jefferson Davis I was on confidential terms with the rebels that Sanders had exhibited in Montreal; he in Canada because I represented myself as seemed to understand the nature and charac-a good Southerner. The letter from Jefferter of the letter perfectly. I asked him what he thought about it. He said he thought the end would justify the means; that was his expression.

Surratt was once pointed out to me, in February, in Toronto; he was pointed out to me by Scott, I think, while he and Ford and myself were standing on the sidewalk.

I saw Booth in Canada two or three times; I sat at the table with him once at the St. Lawrence; Sanders, Scott, and Steele were at the same table. Sanders conversed with Booth, and we all drank wine at Mr. Sanders's expense. I have seen Booth a good many times on the stage, and know him very well by sight.

[The witness, being here shown a photograph, identified

it as that of J. Wilkes Booth.]

I received a letter from General James B. Fry, the Provost Marshal General, stating that he had received a letter written by Squire Davidson, giving information of my visit to him for the purpose of having Harper and Caldwell arrested.

[The following letter was then read, and put in evidence:]

son Davis, which was read by Mr. Sanders, was read to the meeting some time in February, and on the 10th of April I went to see the justice of the peace; he refused to accede to my request. I then called upon the Judge of the Court of Assizes; made my statement to him, and he said I should have to go to the grand jury. I first communicated this information to the Government, I think, two weeks ago to-day, since the assassination of the President, though I understood the Government was in possession of the information before I communicated it direct.

I saw Surratt in Toronto about the 20th of last February; he was pointed out to me on the street, and passed down by me. Ford, who was with me, and who was present at the meeting held in Montreal, said, "Doctor, that is Surratt." He is a man five feet, six, seven, or eight inches, slim, and wore a dark moustache, and was dressed in ordinary clothes, like any gentleman would be, I think of a dark color. I am not positive that it was Surratt, because I do not know the man.

I knew of the project to burn the City of WAR DEPARTMENT, PROVOST MARSHAL GENERAL'S BUREAU, New York. I heard it talked of in Windsor, Washington, D. C., April 20, 1865. and communicated the information to Colonel Dr. J. B. Merritt, Ayr, Canada West: Hill, of Detroit, before the attempt was made. SIR: I have been informed that you pos- It was communicated to me by Robert Drake, sess information connected with a plot to and a man named Smith, both formerly of assassinate the President of the United States Morgan's command. They both had been and other prominent men of this Government. to Chicago to attend the Presidential ConvenThe bearer has been sent to present this let-tion there. They told me, after their return, ter to you, and to accompany you to this that they went there for the purpose of recity, if you will come. The Secretary of War leasing the rebel prisoners at Camp Douglas. authorizes me to pledge you protection and I continued my intimacy with these rebel security, and to pay all expenses connected sympathizers for the purpose of giving informwith your journey both ways, and in addition ation, when I should find it of importance. to promise a suitable reward if reliable and Nine-tenths of the people in Canada are rank useful information is furnished. Independent rebel sympathizers, and my practice was of these considerations, it is hoped that the mostly among Southerners. I have never recause of humanity and justice will induce ceived a dollar from the Government for furyou to act promptly in divulging any thing nishing any information from Canada, nor you may know connected with the recent have I ever received any thing from the rebels

for services rendered them. I have proof in my pocket from the Provost Marshal at Detroit, that I furnished valuable information without any remuneration.

Recalled for the Prosecution.-June 27.

the opposite shore, apparently surreptitiously, and trying to avoid detection. A little tug was sent out from the navy to pick it up. When they got to it, they found a little white flag sticking out of the stern of the row-boat, and Jacob Thompson in it. They brought On Friday, the 2d of June, I was in Mon- him to Admiral Porter's flag-ship, and I was treal. At the St. Lawrence Hall I saw sent for to meet him. I do not recollect the General Carroll. I introduced myself to ostensible business he had. There seemed him as Dr. Merrill of Memphis. There was to be nothing at all important in the visit, a large family of Merrills residing there, who but he pretended to be under a flag of truce, were physicians. He expressed considerable and he had therefore to be allowed to go back gratification at seeing me, and he introduced again. That was in January or February me to Governor Westcott, and we conversed of '63; and it was the first flag of truce we in reference to this trial. These men were had through. He professed to be in the not aware that I had testified before this military service of the rebels, and said that Commission. My testimony was not pub- he had been offered a commission-any thing lished there until Tuesday, the 6th of June. that he wanted; but, knowing that he was Mr. Beverly Tucker said, in that conversation, not a military man, he preferred having somethat they had friends in Court, and were per- thing more like a civil appointment, and he fectly posted as to every thing that was going had therefore taken the place of Inspectoron at this trial. Tucker said they had burned General, with the rank of Lieutenant-Colonel, all the papers they had received from Rich- in the rebel service. mond, for fear some Yankee would break into their room and steal them, and use them against them in this trial. In that interview, I should state that Governor Westcott expressed no disloyal sentiments, and took no part in the conversation.

GEORGE B. HUTCHINSON.

The military department of Washington embraces all the defenses of the city on both sides of the river.

[The commission of Lieutenant-General Grant, dated March 4, 1864, accompanied by General Orders No. 98, was here offered in evidence.]

Cross-examination by Mr. AIKEN.

All the civil courts of the city are in opFor the Prosecution.—June 23. eration. I am not prepared to say exactly I am a native of England, and was an en- to what point the Department of Washinglisted man in the service of the United States, ton extends; any troops that belong to the from the 12th of June, 1861, to the 12th of command of Major General Augur, who comNovember, 1862. I have resided in Canada mands the Department of Washington, sent for the last seven months. I have seen Clem-out to any point, would necessarily remain unent C. Clay, Beverly Tucker, George N. San-der his command. Martial law, I believe, exders, and others of that class several times. tends to all the territory south of the railroad I last saw Clement C. Clay at the Queen's that runs across from Annapolis, running Hotel, Toronto, about the 12th or 13th of south to the Potomac and Chesapeake. February.

I understand that martial law extends south of Annapolis, although I have never seen the order.

SAMUEL P. JONES.

For the Prosecution.—May 12.

On the 2d of June, and on the morning of the 3d, I saw Dr. Merritt in conversation with Beverly Tucker, at the St. Lawrence Hall in Montreal. I heard Beverly Tucker say, in reply to a remark of Dr. Merritt, that he had burned all the letters, for fear some Yankee son of a bitch might steal them out of his room, and use them in testimony against the war. I have often heard the officers and him. They were at the time speaking about this trial, and the charges against them. They were talking to Dr. Merritt as to one to whom they gave their confidence,

I resided in Richmond during a part of

men of the Confederate army conversing respecting the assassination of President Lincoln. I have heard it discussed by rebel officers as they were sitting around their tents. They said they would like to see him LIEUTENANT-GENERAL U. S. GRANT. brought there,dead or alive, and they thought it could be done. I heard a citizen make the For the Prosecution.-May 12. remark that he would give from his private Since the 4th of March, 1864, I have been purse ten thousand dollars, in addition to the in the command of the armies of the United Confederate amount offered, to have the PresiStates. I met Jacob Thompson, formerly dent of the United States assassinated, and Secretary of the Interior under President brought to Richmond, dead or alive. Buchanan's administration, when the army have, besides that, heard sums offered to be was lying opposite Vicksburg, at what is paid, with the Confederate sum, for any percalled Milliken's Bend and Young's Point son or persons to go north and assassinate A little boat was discovered coming up near the President. I judge, from what I heard,

I

that there was an amount offered by the pany to which Captain Beall belonge, who Government in their trashy paper, to assas- was executed at Governor's Island. Cockrell sinate any officials of the United States told me that Beall was on detached servGovernment that were hindering their cause. ice," and that we would hear of him.

HENRY VON STEINACKER.
For the Prosecution.-May 12.

I was in the Confederate service as an engineer officer in the Topographical Depart ment, with the pay of an engineer, and was on the staff of General Edward Johnson. Altogether I was in the service nearly three years. In the summer of '63, being at Swift Run Gap, near Harrisonburg, I was overtaken by three citizens, and rode with them some eighteen or twenty hours. The name of one was Booth and another Shepherd.

[A photograph of John Wilkes Booth being shown to

the witness, he identified a resemblance between it and the person referred to. The photograph was offered in

evidence.]

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I have heard mention made of the existence of secret orders for certain purposes to assist the Confederacy. One I frequently heard of was called a Golden Circle, and several times I heard the name of the "Sons of Liberty."

[No cross-examination. ]

HOSEA B. CAarter.

For the Prosecution.-May 29.

I reside in New Hampshire. I was at the St. Lawrence Hall, Montreal, Canada, from the 9th or 10th of September till the 1st of February last. I met George N. Sanders, Clement C. Clay, Beverly Tucker, Dr. Blackburn, Dr. Pallen, J. Wilkes Booth, General Carroll from Memphis, an old gentleman from

I was asked by Booth, and also by the Florida that wore a cue-I think his name was others, what I thought of the probable success of the Confederacy. I told them, after Westcott-a Dr. Wood, a gentleman named such a chase as we had just had from Get-Clark, and many others whose names I do tysburg, I thought it looked very gloomy. not now recollect. I do not remember that I Booth replied, That is nonsense. If we saw Jacob Thompson there. I saw him at only act our part, the Confederacy will gain Niagara Falls on the 17th of June. Some its independence. Old Abe Lincoln must go St. Lawrence Hall, and usually associated twenty or thirty Southerners boarded at the up the spout, and the Confederacy will gain together, and very little with other people its independence any how." By this expression I understood he meant the President who came there, either English or American. must be killed. He said that as soon as the I frequently observed George N. Sanders in intimate association with Booth, and others Confederacy was nearly giving out, or as soon as they were nearly whipped, that this would of that class, in Montreal. I used to see a be their final resource to gain their inde-man named Payne nearly every morning. 1 pendence. The other two engaged in the think they called him John. He was one of conversation, and assented to Booth's senti- the Payne brothers, two of whom were arrested for the St. Albans raid; but Lewis Payne, the accused, I do not think I have seen before.

ments.

He

They being splendidly mounted, and my Dr. Blackburn came to the St. Lawrence horse being nearly broken down, they left me the next day. Hall when the Donegana Hotel closed, which Three or four days afterward, when I came to the camp of the Second was about the 20th of October last Virginia Regiment, I found there three citi-seemed to associate on terms of intimacy zens, and was formally introduced by Cap with all those I have named, but Booth. tain Randolph to Booth and Stevens. That Whether he came there before Booth I can evening there was a secret meeting of the not say, Blackburn was one of that clique of men who were known there as Confederates. officers, and the three citizens were also present. I was afterward informed of the purpose of the meeting by Lieutenant Cockrell of the Second Virginia Regiment, who was I heard that the Paynes to whom I have present. It was to send certain officers on referred originally came from Kentucky, and "detached service" to Canada and the "bord- that they had been in the counterfeiting busiers" to release rebel prisoners, to lay Northern ness. I think I have seen Cleary in Canada cities in ashes, and finally to get possession in company with John Payne. I have seen of the members of the Cabinet and kill the them in company with Sanders and Tucker President. This "detached service" was a and Blackburn every day.

Cross-examined by MR. DOSTER.

JOHN DEVENY.

For the Prosecution.-May 12

nickname in the Confederate army for this. sort of warfare. I have heard these things spoken of, perhaps, a thousand times before I was informed it was the purpose discussed at this meeting, but I always considered it I have resided in Washington, off and on, for common braggadocio. I have freely heard it a year or two. I was formerly a Lieutenant spoken of in the streets of Richmond among in company "E" Fourth Maryland Regithose connected with the rebel Government. ment. I was before that employed in Adams'a Cockrell belonged, I believe, to the Second Express company. In July of 1863, I was Virginia Regiment, and to the same com- in Montreal, and left there the 3d or 4th of

February of this year. I was well acquainted | Hall, Montreal. I spoke to Mr. Booth, and with John Wilkes Booth. The first time I asked him if he was going to open the thesaw him in Canada he was standing in the ater there. He said he was not. He left me, St. Lawrence Hotel, Montreal, talking with and entered into conversation with a person George N. Sanders. I believe that was in the who was pointed out to me as George N. month of October. They were talking con- Sanders. fidentially, and drinking together. I saw them go into Dowley's and have a drink together. I also saw in Canada, at the same time, Jacob Thompson of Mississippi, who was Secretary of the Interior under the administration of President Buchanan. I also saw Mr. Clement

[No cross-examination.]

HENRY FINEGAS.

For the Prosecution.-May 26.

I reside in Boston, Mass., and have been C. Clay of Alabama, formerly United States in the United States service since the rebellion as a commissioned officer. In the Senator, Mr. Beverly Tucker, and several others who were pointed out to me; but I month of February last I was in Montreal, was not personally acquainted with those Canada, and remained there eleven days. gentlemen. I spoke to Booth, and asked him While there I knew well, by sight, George if he was going to play there, knowing that N. Sanders, William C. Cleary, and other he was an actor. He said he was not. I then men of that circle, but did not make their said, “What are you going to do?" He said, acquaintance personally. On one occasion "I just came here on a pleasure trip." The other Southerners, whose names I have mentioned, I have seen talking with Sanders, but I can not say positively that I saw them talking with Booth.

The next time I saw Booth was on the steps of the Kirkwood House, in this city, on the night of the 14th of April, between 5 and 6 o'clock. He was going into the hotel as I was standing talking to a young man named

Callan.

heard a conversation between George N. Sanders and Wm. C. Cleary; it took place at the St. Lawrence Hall on the 14th or 15th of February. I was sitting in a chair, and Sanders and Cleary walked in from the door; they stopped about ten feet from me, and I heard Cleary say, "I suppose they are get ting ready for the inauguration of Lincoln next month." Sanders said, "Yes; if the boys only have luck, Lincoln won't trouble them Cleary asked, "Is every As Booth passed into the hotel, he much longer.' turned round and spoke to me, and I asked thing well?" Sanders replied, "O, yes; Booth him when he came from Canada. He said is bossing the job." he had been back here for some time, and was going to stay here for some time, and would see me again. I asked, "Are you going to play here again?" He replied, "No, I am not going to play again; I am in the oil business. I laughed at his reply, it being a common joke to talk about the oil business. A few minutes afterward I saw him come down the street on horseback, riding a bay horse. I noticed particularly what kind of a looking rig he had on the horse, though I

know not what made me do it. The next I

Cross-examined by MR. AIKEN.

The conversation took place about 5 o'clock in the evening. Sanders and Cleary were standing close together, conversing in rather a low tone of voice, I thought. I never was introduced to Sanders or Cleary, but have been introduced to men who claimed to be escaped prisoners from camps in the North. knew Sanders and Cleary by sight well; I saw them testify in court in the St. Albans

raid case.

Cleary is a middle-sized man, sandy complexion, sandy hair; carries his neck a little on one side, and has reddish whiskers. Sanders is a short-sized, low, thickset man, with grayish curly hair, a grayish moustache, and very burly form.

eaw of him was when he jumped out of the box of the theater, and fell on one hand and one knee, when I recognized him. He fell with his face toward the audience. I said, "He is John Wilkes Booth, and he has shot the President." I made that remark right I first communicated this information to the I left Montreal on the 17th of February. there. That is the last I ever saw of him, Government a few days ago, but spoke of it when he was running across the stage. I heard the words "Sic semper tyrannus" shouted to two or three parties some time ago. I did in the President's box before I saw the man. not consider it of any importance at the He had a knife in his hand as he went across time, but looked upon it as a piece of braggadocio.

the stage. If he made any remark as he went across the stage I did not notice it. The excitement was very great at the time.

WILLIAM E. WHEELER.

For the Prosecution.-May 12.

I reside in Chickopee, Massachusetts. I was at Montreal, Canada, in October or November last, when I saw John Wilkes Booth, who was standing in front of the St. Lawrence

MRS. MARY HUDSPETH.

For the Prosecution.-May 12.

In November last, after the Presidential election, and on the day General Butler left New York, as I was riding on the Third Avenue cars, in New York City, I overheard the conversation of two men. They were talking most earnestly. One of them said he would leave for Washington the day after to

him, listen to his stories-not many more
will the brute tell to earthly friends. Do
any thing but fail, and meet us at the ap
pointed place within the fortnight. Inclose
this note, together with one of poor Leenea.
I will give the reason for this when we meet
Return by Johnson. I wish I could go to
you, but duty calls me to the West; you will
probably hear from me in Washington. San-
ders is doing us no good in Canada.
Believe me, your brother in love,

morrow. The other was going to Newburg, knew your face, no police telegraphic dispatch or Newbern, that night. One of the two was would catch you. The English gentleman, a young man with false whiskers. This I Harcourt, must not act hastily. Remember observed when a jolt of the car pushed his he has ten days. Strike for your home, hat forward and at the same time pushed strike for your country; bide your time, but his whiskers, by which I observed that the strike sure. Get introduced, congratulate front face was darker than it was under the whiskers. Judging by his conversation, he was a young man of education. The other, whose name was Johnson, was not. I noticed that the hand of the younger man was very beautiful, and showed that he had led a life of ease, not of labor. They exchanged letters while in the car. When the one who had the false whiskers put back the letters in his pocket, I saw a pistol in his belt. I overheard the younger say that he would leave for Washington the day after to-morrow; the other was very angry because it had not fallen on him to go to Washington. DEAREST HUSBAND: Why do you not come Both left the cars before I did. After home? You left me for ten days only, and they had left, my daughter, who was with you now have been from home more than me, picked up a letter which was lying on two weeks. In that long time, only sent the floor of the car, immediately under where me one short note-a few cold words-and they sat, and gave it to me; and I, thinking a check for money, which I did not require. it was mine, as I had letters of my own to post at the Nassau Street Post-office, took it without noticing that it was not one of my own. When I got to the broker's, where I was going with some gold, I noticed an envelope with two letters in it.

[Exhibiting an envelope with two letters.]

These are the letters, and both were contained in one envelope. After I examined the letters and found their character, I took them first to General Scott, who asked me to read them to him. He said he thought they were of great importance, and asked me to take them to General Dix. I did so.

The following letters were then read to the Commission, and offered in evidence:]

CHARLES SELBY.

ST. LOUIS, October 21, 1864.

What has come over you? Have you forgotten your wife and child? Baby calls for papa until my heart aches. We are so lonely without you.' I have written to you again and again, and, as a last resource, yesterday wrote to Charlie, begging him to see you and tell you to come home. I am so ill, not able to leave my room; if I was, I would go to you wherever you were, if in this world. Mamma says I must not write any more, as I am too weak. Louis, darling, do not stay away any longer from your heart-broken wife. LEENEA.

HON. CHARLES A. DANA. DEAR LOUIS: The time has at last come For the Prosecution.-June 9. that we have all so wished for, and upon you The letters found and testified to by Mra every thing depends. As it was decided be- Hudspeth, came to me by mail at the War fore you left, we were to cast lots. Accord- Department, inclosed in one from General Dix ingly we did so, and you are to be the Char- The letter from General Dix bears date Nolotte Corday of the nineteenth century. vember 17th, and I received it, I suppose, the When you remember the fearful, solemn vow next day. On receiving the letters I took them that was taken by us, you will feel there is to the President, Mr. Lincoln, who looked at no drawback-Abe must die, and now. You them, but I do not think he made any specan choose your weapons. The cup, the cial remark; he seemed to attach very little knife, the bullet. The cup failed us once, and importance to them. Two or three days might again. Johnson, who will give this, after the assassination of the President, I was has been like an enraged demon since the sent by the Secretary of War to find them. meeting, because it has not fallen upon him I went over to the White House and searched to rid the world of the monster. He says in the President's private desk, where I found the blood of his gray-haired father and his them. I kept them for some time, and afternoble brother call upon him for revenge, and ward delivered them to Judge Bingham. revenge he will have; if he can not wreak it The President received a great many comupon the fountain-head, he will upon some munications of a similar nature, but he of the blood-thirsty Generals. Butler would seems to have attached more importance to suit him. As our plans were all concocted these than any others, because I found them and well arranged, we separated, and as I am among his papers in an envelope marked, in writing on my way to Detroit-I will only his own handwriting, "Assassination." The say that all rests upon you. You know two letters just put in evidence, are those where to find your friends. Your disguises that were inclosed in the letter from General are so perfect and complete, that without one Dix; and the letter from General Dix is in

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