do right by his horses, so he got Spangler to the stage. It was, I think, in the third act; see to their being fed and watered. and from the time Booth brought his horse Spangler's place on the stage is at the back there until the President was shot was, I part of the stage, next to the back-door lead- think, about three-quarters of an hour. I ing out to the side alley. The President's box I was at the window pretty nearly all the is on the left-hand side as you look toward time. From the time Booth brought the the audience. My position is on the flies on horse until he went away, and from the time the opposite side of the President's box, and I looked out of the window, John Peanuts Mr. Spangler's place was on the opposite side was lying on the bench holding the horse; I below, the side the President's box is on. I did not see any one else holding it. saw him in the first act. I do not remember seeing him in the second, but I was not looking for him. When I saw Mr. Spangler, he had his hat on. I never saw him wear a moustache. Mr. Spangler was on the stage attending to his business as usual that night. He was obliged to be there. From my position on the flies I could see him very well. John Peanuts attended to Mr. Booth's horses. I have seen Spangler hold Booth's horses or hitch them up, but I never saw him put any gearing on them. Spangler's place on the stage was on the same side as the President's box, and he was there when Booth called him. There was another man work ing with Spangler to help him shove the scenes. Recalled for the Prosecution.-May 18. After the President was shot, I came down On the afternoon of the day of the assas- the stairs, and I saw Spangler out there at sination, I saw Mr. Harry Ford and another the door Booth went out of. There were, I gentleman fixing up the box. Mr. Ford told think, two or three other or more men out me to go to his bed-room and get a rocking- there, some of whom were strangers. When chair, and bring it down and put it in the Presi- I came down, I went toward the door, and dent's box. I did so. The chair had not been there before this season. It was a chair with a high back to it and cushioned. Mr. Spangler was at the theater during the afternoon. He worked there altogether, the same as I did. Cross-examined by MR. EWING. Spangler came out, and I asked him who it was that held the horse, and he said, "Hush! do n't say any thing about it;" and I did n't say any more, though I knew who it was, because I saw the boy holding the horse. Spangler, I suppose, when he said this, was about a yard and a half from the door, outI did not notice Mr. Spangler there in the side the door. Spangler appeared to be exafternoon, but his business was to be there. It cited; every person appeared to be very much was about 3 o'clock in the afternoon when excited. By the time I got down stairs, the Mr. Harry Ford and, I think, Mr. Bucking- door through which Booth had passed was ham were in the private box. I did not see open. I never saw Spangler wear a moustache. Spangler in the President's box in the afternoon, nor did I see him when I came away from the private box. JOHN MILES (colored.) For the Prosecution.—May 15. DR. ROBERT KING STONE. I am a practicing physician in this city, and was the family physician of the late President of the United States. I work at Ford's Theater. I was there I was sent for by Mrs. Lincoln immedion the day of the assassination of the Presi- ately after the assassination. I arrived in a dent. About 3 o'clock in the afternoon Booth very few moments, and found that the Presiput his horse in the stable, and Ned Spangler dent had been removed from the theater to and Jim Maddox were with him. The stable the house of a gentleman living directly opis not more than five yards from the theater.posite; and had been carried into the back Between 9 and 10 o'clock that night, J. room of the residence, and was there placed Wilkes Booth brought a horse from the stable, upon a bed. I found a number of gentleand, coming to the back door of the theater, men, citizens, around him, and, among othcalled "Ned Spangler" three times. When ers, two assistant surgeons of the army, who Booth first called Spangler, some person told had brought him over from the theater, and him that Booth called him, and he ran across had attended to him. They immediately the stage to him. I saw nothing more of gave the case over to my care, knowing my Spangler or Booth until I heard the pistol go relations to the family. I proceeded to exoff In a minute or two I heard the sound amine the President, and found that he had of a horse's feet going out of the alley. Before received a gun-shot wound in the back part this I saw a boy holding the horse in the of the left side of his head, into which I caralley, perhaps for fifteen minutes. That was ried my finger. I at once informed those after Booth had called Spangler. around that the case was a hopeless one; that the President would die; that there was no positive limit to the duration of his life; that his vital tenacity was very strong, and he would resist as long as any man could; but Cross-examined by MR. EWING. When Booth called Spangler I was up on the flies, about three and a half stories from that death certainly would soon close the scene. I remained with him, doing whatever was in my power, assisted by my friends; but, of course, nothing could be done, and he died from the wound the next morning at about half-past 7 o'clock. It was about a quarter past 10 that I reached him. ISAAC JACQUETTE. For the Prosecution.-May 18. I was present at Ford's Theater on the Soon after the night of the assassination. President was carried out, I went to the box with several others. [A wooden bar, about two inches square and three feet long, was handed to the witness.] [The bar was offered in evidence.] JUDGE A. B. OLIN. For the Prosecution.—May 18. The next day, previous to the process of embalmment, an examination was made in the This wooden bar was lying on the floor presence of Surgeon-General Barnes, Dr. Cur- inside of the first door going into the box. tis, and Dr. Woodward, of the army. We traced the wound through the brain, and the There was an officer stopping at my boardingI picked it up and took it home with me. ball was found in the anterior part of the house, and he wanted a piece of it, which I same side of the brain, the left side; it was sawed off for him, but he concluded aftera large ball, resembling those which are shot ward not to take it. It is nearly covered from the pistol known as the Derringer; an with spots of blood which were fresh at the unusually large ball-that is, larger than time when I found it. those used in the ordinary pocket revolvers. It was a leaden hand-made ball, and was flattened somewhat in its passage through the skull, and a portion had been cut off in going through the bone. I marked the ball "A. L.," the initials of the late President, On Sunday, the 16th of April, accompanied and in the presence of the Secretary of War, by Miss Harris, I visited Ford's Theater, and in his office, inclosed it in an envelope, sealed made an examination of the President's box, it with my private seal, and indorsed it with doors, locks, etc. My attention was called to my name. The Secretary inclosed it in an- the incision into the wall that was prepared other envelope, which he indorsed in like to receive the brace that fitted into the corner manner, and sealed with his private seal. It of the panel of the outer door; the brace was left in his custody, and he ordered it to was not there. The door opens into the be placed among the archives of his depart-passage leading to the box at an angle with the wall, and a brace, fitted against the wall [An official envelope, sealed with the official seal of the to the corner of the door, fastens the door Secretary of War, was here opened by the Judge Advocate in the presence of the witness, from which was taken very securely. I discovered that, and looked a Derringer pistol and an envelope containing a leaden for the remains of the plastering that had ball in two pieces.] This is the ball which I extracted from the head of the President; I recognize it from the mark which I put upon it with my pen-knife, as well as from the shape of the ball. This smaller piece is the fragment which was cut off in its passage through the skull. The ball was flattened, as I have be ment. fore described. [The ball was then offered in evidence.] WILLIAM T. KENT. been cut from the wall to make this incision. That, so far as I could observe, had been must have fallen, as it was cut by some carefully removed from the carpet, where it sharp instrument. The indentation upon the panel of the door where the brace might have been fixed from against the wall, was quite perceptible, and the brace was so fixed that it would be very difficult to remove it from the outside. I think it could not have been done without breaking the door down. The more pressure that was made upon it from the outside, or the dress-circle, the firmer it would have been held in its place. For the Prosecution.-May 16. About three minutes after the President was shot, I went into his box; there were two other persons there and a surgeon, who It had been said that the pistol was disasked me for a knife to cut open the Presi- charged through the panel of the door. As dent's clothes. On leaving the theater I the passage way is somewhat dark, I promissed my night-key, and thinking I had dropped it in pulling out my knife, I hurried back, and on searching round the floor of the box, I knocked my foot against a pistol, which I picked up, and, holding it up, I cried out, "I have found the pistol.' I gave it up to Mr. Gobright, the agent of the Associated Press. The next morning I went round to the police station and identified it there. handed to the pistol, about six inches in length, was [A Derringer This is the pistol I picked up in the Pres'dent's box on the night of the 14th of April, [The pistol was offered in evidence.] cured a light and examined very carefully the hole through the door. I discovered at once that that was made by some small instrument in the first place, and was, as I supposed, cut out then by a sharp instrument like a penknife; and, by placing the light near the door, I thought I saw marks of sharp cutting knife used to clean out the hole I examined to see if I could discover the chips that must have been made by boring and cutting this small hole, but they had been removed. It was a freshly-cut hole, the wood apparently being as fresh as it would have been the instant it was cut. I then discovered that the clasp which fas- ning. He had grown pretty much out of my tens the bolt of the outer door had been recollection; still I knew him, though I had loosened. The upper screw holding the clasp no intimacy with him. had been loosened in such a way that when the door was locked I could push it open with my forefinger. Cross-examined by Mr. AIKEN. I last saw John H. Surratt before the 14th I then placed the chair in which the Pres- of April, I think, in October. In appearance, ident sat in the position, as nearly as Miss John H. Surratt is light complexioned, with Harris could recollect, it had occupied on rather singular colored hair; it is not red, it the night of the assassination. Seating my- is not white, it is a kind of sandy. It was self in it, and closing the door, it was found cut rounded, so as to lay low on his collar, that my head-about midway from the base and a little heavy. I did not notice whether to the crown-would be in the range of the he wore a moustache or a goatee, for I was eye of a person looking through the hole more interested in his clothing. in the door. It was a large high-backed arm-chair, with satin cushions, not a rocking-chair, I think. DAVID C. REED. For the Prosecution.-May 15. I never saw him in that dress before. In hight, I suppose he is about five feet, ten inches; he is not a stout man, but rather delicate. I do not suppose he would weigh over one hundred and forty pounds, judging from his build. In walking, he stoops a little. He was on the same side of the avenue that I was, and passed within three feet of me. I am as certain that it was Surratt as that I stand here. JOHN F. COYLE, For the Prosecution.-May 17. On the 14th of April, about 2 o'clock, as I was standing just below the National Theater, I saw John H. Surratt, and we bowed to each other as he passed. I am quite positive that it was John H. Surratt. He was dressed in a country-cloth suit of drab, very fine in its texture and appearance, and very genteelly got up. I took particular I am connected with the National Intellinotice of his clothing, for it was my business gencer. I knew J. Wilkes Booth in his to make clothes. He had a little, round- lifetime, though not intimately. crowned drab hat. He was on foot, but I The statement that Booth, on the night particularly noticed he wore a pair of new, brass-plated spurs, with very large rowels. before the assassination, wrote an article in which he set forth the reasons for his crime, and left it with one of the editors of the National Intelligencer, is not correct. No such paper was ever received, to my knowledge. See testimony of C. D. Hess, page 99. I have known John H. Surratt a great while. I knew him when quite a boy, at his father's house, and have seen him out gun PURSUIT AND CAPTURE OF BOOTH AND HEROLD. JOHN FLETCHER. see the saddles and bridles. I showed him a saddle, and he said it was too small. Then For the Prosecution.-May 17. I showed him another. That suited him David E. Herold came to our stable, in very well, only that it had not the kind of company with the prisoner, Atzerodt, about stirrups he wanted. The stirrups were cova quarter to 1 o'clock, on the 14th of ered with leather, and he wanted a pair of April, and engaged a horse, which he told English steel stirrups. He then wanted to me to keep for him, and he would call for it see the bridles. I took him into the office at 4 o'clock. At a quarter past 4 he and showed him the bridles, and he pickedcame and asked me how much I would out a double-reined bridle. Before he mounted charge him for the hire of the horse. I the horse he asked me how late he could told him five dollars. He wanted it for stay out with him. I told him he could four. I told him he could not have it for stay out no later than 8 o'clock, or 9, at that He knew the horse, and inquired for furthest. After that hour I became very that particular one. I went down to the uneasy about the horse, and wanted to see stable with him, and told him to take a mare about it before I closed up the stable; and that was in the stable; but he would not that is how I got to see Atzerodt and Herold. have her. I then told him I would give At about 10 o'clock, having a suspicion him the other horse. He then wanted to that Herold was going to take the horse Cross-examined by MR. STONE. When I caught sight of Herold on the horse, near Willard's, the horse seemed somewhat tired, and as if he wanted to go to the stable, and appeared as if he had been ridden a right smart distance. He was then going an easy kind of pace. I am quite satisfied that it was Herold I saw on my horse. away, I went across E Street, and up Four-window, and sat down there; it was half-past teenth Street, till I came upon Pennsylvania 1 o'clock. Avenue, close to Willard's, where I saw Herold riding the roan horse. He seemed as if he was coming down from the Treasury upon the Avenue. He was passing Fourteenth Street; the horse was pulling to get to the stable, for he was a horse very well acquainted with the stable. I suppose Herold knew me by the light of the lamp, for he turned the horse around, and I hallooed to him, "You get off that horse now; you I became acquainted with Herold by his have had it long enough;" but he put spurs calling at our stable, about the 5th or 6th of to it, and went, as fast as the horse could April, inquiring for the man Atzerodt, but he go, up Fourteenth Street, making no reply to did not inquire for him by name; he wanted me. He was a very fast horse, and all the to know if the man that kept the horse in time used as a lady's saddle-horse; any one the side stable had been there that day. He could ride him, he was so gentle and nice; came to our stable every day, from about the his pace was a single foot rack. He would 5th or 6th of April until the 12th, inquiring trot if you would let the bridle go slack. He for Atzerodt, and I saw him ride with him. was a light roan horse, black tail, legs, and One day Atzerodt went out riding, and sent mane, and close on fifteen hands high. I the horse back by Herold, and the next day kept sight of him until he turned to the east Atzerodt asked, "How did he bring the horse of F Street. That was about twenty-five back?" and if he rode him fast. minutes past 10. SERGEANT SILAS T. COBB. For the Prosecution.-May 16. On the night of the 14th of April, I was on duty at the Navy Yard bridge. At about half-past 10 or 11 o'clock, a man approached rapidly on horseback. The sentry challenged him, and I advanced to see if he was a proper person to pass. I then returned to the stable for a saddle and bridle and horse myself, and went along the avenue until I came to Thirteenth Street; went up Thirteenth Street to E; along E until I came to Ninth, and turned down Ninth Street to Pennsylvania Avenue again. I went along the avenue to the south side of the Capitol. I there met a gentleman, and asked him if he had passed any one riding on horseback. He said yes, and that they were I asked him, "Who are you, sir?" He riding very fast. I followed on until I got to said, "My name is Booth." I asked him the Navy Yard bridge, where the guard where he was from. He made answer, “From halted me, and called for the sergeant of the the city." "Where are you going?" I said; guard. He came out, and I asked him if a and he replied, "I am going home. I asked roan horse had crossed that bridge, giving him where his home was. He said it was in him a description of the horse, saddle, and Charles. I understood by that that he meant bridle, and the man that was riding. He Charles County. I asked him what_town. said, "Yes, he has gone across the bridge." He said he did not live in any town. I said, "Did he stay long here?" I asked. He re- "You must live in some town." Said he, "I plied, "He said that he was waiting for an live close to Beantown; but do not live in the acquaintance of his that was coming on; but town." I asked him why he was out so late; he did not wait, and another man came if he did not know the rule that persons were riding a bay horse or a bay mare, right after not allowed to pass after 9 o'clock. He said him.' "Did he tell you his name?" "Yes, it was new to him; that he had had somehe said his name was Smith." I asked if I could cross the bridge after them. He said, "Yes, you can cross, but you can not return." I said, "If that is so, I will not go." So I turned around and came back to the city again. When I came to Third Street, I looked at my watch, and it wanted ten min-ness.] utes to 12. I rode pretty fast going down to the Navy Yard, but I rode slowly coming a small-sized horse, rather an under-sized back. I went along E Street until I got to Fourteenth Street, and inquired of the foreman at Murphy's stable, by the name of Dorsey, whether this roan horse had been put up there. He said, "No; but," said he, you had better keep in, for President Lincoln is shot and Secretary Seward is almost I allowed him to pass. dead." I then returned to the stable, put In perhaps five or seven, or, at the outside, up the horse, came outside of the office ten minutes, another person came along. He where to go in the city, and it was a dark horse, I should think, a very bright bay, with JOHN M. LLOYD. For the Prosecution.-May 13. I reside at Mrs. Surratt's tavern, Surratteville, and am engaged in hotel-keeping and farming. Some five or six weeks before the did not seem to be riding so rapidly as the! first, or his horse did not show signs of it as much as the first. I asked who he was, and he said that his name was Smith, and that he was going home; that he lived at the White Plains. I asked him how it was that he was out so late. He made use of a rather indeli- assassination of the President, John H. Surcate expression, and said that he had been in bad company. I brought him up before the guard-house door, so that the light shone full in his face and on his horse. The accused, David E. Herold, was directed to stand up for identification.] John ratt, David E. Herold, and G. A. Atzerodt came to my house. Atzerodt and Surratt drove up to my house in the morning first, and went toward T. B., a post-office about five miles below there. They had not been gone more than half an hour, when they returned He is very near the size of the second with Herold. All three, when they came horseman; but, I should think, taller, al- into the bar-room, drank, I think. though I can not be sure, as he was on Surratt then called me into the front parlor, horseback. He had a lighter complexion and on the sofa were two carbines, with than this man. After his explanation, I ammunition; also a rope from sixteen to allowed him to pass. He rode a medium-twenty feet in length, and a monkey-wrench. sized, roan horse, I should think the horse Surratt asked me to take care of these things, was going at a heavy racking pace, or some- and to conceal the carbines. I told him thing like that. The horse did not move there was no place to conceal them, and I like a trotting horse. He carried his head did not wish to keep such things. He then down. took me into a room I had never been in, Afterward, a third horseman rode up, and immediately above the store-room, in the made inquiry after a roan horse; after a man back part of the building. He showed me passing on a roan horse. He made no in- where I could put them underneath the joists quiry about the other horseman who had of the second floor of the main building. passed first. He did not seem to have any I put them in there according to his direcbusiness on the other side of the bridge that tions. I considered of sufficient importance to pass him, and so I turned him back. I do not think the moon was up at that time, but rose after the horsemen had gone forward. POLK GARDINER. For the Prosecution.-May 16. On the night of the 14th of April last, I was on the Bryantown road, coming to Washington, and about 11 o'clock, when on Good Hope Hill, I met two horsemen, one about half a mile behind the other, and both riding very fast. The first, who was on a dark horse, I think a bay, asked me if a horseman had passed ahead; he then asked me the road to Marlboro, and if it did not turn to the right. I told him no; to keep the straight road. As the second horseman rode up, a lot of teamsters were passing at the time, and I heard him ask them whether a horseman had passed ahead; I do not know whether he asked them or me; I did not answer. He rode a roan horse, a light horse, a roan or an iron-gray. Cross-examined by MR. Cox. I met the first horseman two miles and a half or three miles from the city, half-way up the hill. It was not over five or ten minutes before the second horseman came along. Both of them were riding very fast. I got off the hill entirely before I met the second man. I stated to Colonel Wells that Surratt put them there, but I carried the arms up and put them in there myself. There was also one cartridge-box of ammunition. Surratt said he just wanted these articles to stay for a few days, and he would call for them. On the Tuesday before the assassination of the President, I was coming to Washington, and I met Mrs. Surratt, on the road, at Uniontown. When she first broached the subject to me about the articles at my place, I did not know what she had reference to. Then she came out plainer, and asked me about the "shooting-irons." I had myself forgotten about their being there. I told her they were hid away far back, and that I was afraid the house might be searched. She told me to get them out ready; that they would be wanted soon. I do not recollect distinctly the first question she put to me. Her language was indistinct, as if she wanted to draw my attention to something, so that no one else would understand. Finally she came out bolder with it, and said they would be wanted soon. I told her that I had an idea of having them buried; that I was very uneasy about having them there. On the 14th of April I went to Marlboro to attend a trial there; and in the evening, when I got home, which I should judge was about 5 o'clock, I found Mrs. Surratt there. She met me out by the wood-pile as I drove in with some fish and oysters in my buggy. She told me to have those shooting-irons ready that night, there would be some parties who would call for them. She gave me |