THE MSMESs;
EDDAII.Y (SUNDAYS EXOEPIED)
nr jolts w. l onjißY.
ITo. 11l SOUTH POD-BTH STHBBT.
*HE IUU.I PRESS,
Snbeoriberß, 1« Ten Dom,4BS per Annum, Is
oi Twbntt Cents per week, payable to tha
Mailed to Snbaoribars oat o' the city, Stsa
IR Annum; Four Dollars and Fiftt Cents
(onthb; Two Dollars and Twentt-fits
Three Months, Invariably la advanoa for
lered. . .
ttisuaents Inserted at tbe asa&l rates.
- VBI-WIBKIT pkkss,
icribors. Five Doi.i.aks per AHxira, la
JJmg.
TBIAIS FOR TREASOiV.
xe law against Treason, in all civilized
ts, is nearly identical, for it cannot be
ired, in any state of society, that the
id of a State shall wilfully do wrong to
The only distinction is that, in a mo
•chy, the offence is committed against
> ruler, in a republic, against the State.
a citizen, revolting from his allegiance
'his country (which may be an union of
sral State-B), counsels, procures, or or
ins treasonable acts against that country,
is .a principal in the treason, even if it
carried into effect at a distance, because
!l accomplices are principals in treason.
' A. should conspire, in Pennsylvania, to
'erthrow the Constitution of New York,
■ to levy war in that State, A. is liable to
■osecution and punishment, for treason,
lough he had never set foot within New
irk. •
A treasonable act, the law lays down,
ist be committed with a treasonable pur
ise. If a mah carry out treason, in any
nt of a country, he is a traitor, wherever
maybe. If any man, owing allegiance
a State, or Union of States, conspires
dnst it or them, he is a traitor. Wherever
citizen may go, he carries with him a
tain allegiance, and the breach of this is
.son. To levy war, met armis, by any
~ against his country, is the worst kind
treason, and so recognized by the corn
law of nations, all over the world,
authorize any person or persons to do
i, is treason of an equally heinous
aracter.
The records of other countries ‘ are, un
ipily, very full, as regards this.' The
te Trials of Great Britain and Ireland
/e supplied materials for numerous and
mderous volumes. Here, very happily,
tell cases have been few, and the de-
sions have been plain, and clear. Still,
yre have had some, though few, of these
State Trials.
The nearest precedent to the indictment
of Davis and Breckihbidge was that of
Aaron Btjbb, who was subjected to a trial
by jury in 1807, before Chief Justice Mar
shall, on a charge of treason, and was ac
quitted.-- The circumstances of this case
are so full of interest that we shall.give a.
brief resume of them here : ,
Aaron Bmn, who survived until the
autumn of 1880, joined the national army at
the commencement of the Revolution,
(Laving enlisted as a private soldier, was
lappointed Aid to General Montgomery,
land stood by him when he was killed at
iQuebee, and, for his gallantry and ser vices,
pwas* made a field-officer, and finally ap
pointed Aid-de-Oamp to General Wash
ington, in whose family he resided, for a
time, but soon resigned his position. It is
Said that the young man (Bunn was then
only twenty years old) thought his senior
too exacting, and he always affirmed that
his own independent tone was not relished
hy his superior. He next became Aid to
Gen . Putnam, and, by his tact and courage,
Saved a brigade, during the unfortunate
conflicts with the British in Long Island,
and some months after, at the early age of
twenty-one was promoted to the rank of
Lieutenant Colonel, but actually com
manded 1 the regiment, “ his Colonel not
being a fighting man.” Active, brave,
prudent, and a thorough disciplinarian,
Bure did excellent service, but was com
pelled, by ill health, to resign, his commis
sion in March 17(0, complimented hy
Washington, on the occasion, as “ a good
officer. ” Had he continued in the: army,
he would probably have reached a very
high rank. His life-long regret was that ,
he was compelled to leave it, after four,
years’ service, for he believed that he had
greater qualifications for arms than for
Jaw or politics.
On resuming his status as a civilian,.
Burr applied himself to the study of the
Jaw, devoting himself to this purpose
With great industry and perseverance,
and at the same time making him
self familiar with English and French
literature. After one year’s study,
though custom demanded three, he passed
a strict examination at Albany, and was
admitted to the bar early in 1782, at the
age of twenty-six. Moving to New York
in the year following, he soon obtained a
large practice as a lawyer, and entered pro
minently into politics. He was elected to
the State Legislature. He became Attor
ney-General of New York State, and, when
only thirty-five years old, was elected Uni
ted States Senator. He served the full term
•Of sixyears, (1791-97,) and in the presiden
tial canvas of 1800, used his influence, so'
effective with the Republicans of New
York, that their adhesion was given to
Thomas Jefferson, whose friends, in re
turn, brought Burr forward as a candidate
for the vice-presidency. It happened that.
Jefferson and Burr each received the
same number of votes, which threw the
election into the House of Representatives.
On the thirty-sixth ballot, Jefferson -was
elected President, and Burr, who became
’Vice President, was so much blamed for
! Laving allowed himself to be used by his
political enemies to defeat the candidate of
Lis own party, that the Republicans cast
him off, and his. political influence was
much weakened. There is no doubt that
Burr had calculated on the chance of
being elected -over Jefferson* and the
latter never forgave him. . ;
Before he had fully served his four years
fisTice President, Burr was put up as can
didate for the Governorship of New York,
and received 28,000 votes out of the 68,000
given. He attributed his failure, in a large
i degree, to the personal opposition 'of Alex
ander Hamilton, -who, indeed, for years
lad been most hostile to him, and had
neglected no opportunity of misrepresent-.
Jug his mstives and his actions, and of ma
' ligning 'his character. Not alone in con
versation, but in his extensive correspond
ence, had Hamilton pursued this coarse,
injurious and irritating, for some years. -
He had been forced to apologize once, but
«ould not restrain himself during the Gu
bernatorial contest. Bukb called him to
account for, spoken "words of slander, and
after faying to shuffle out of tie difficulty
without concession, Hamilton accepted a
challenge, and fell, in a duel -with Bran,
in July, 1304. From that moment all went
badly with the survivor, who had to fly
Hew Yofk and went down South, but re
turned to Washington to perform his duties
as Yiee -.President, with two indictments,
for murder over his head. He presided,
;nity and fairness, at 1 the trial of
!hase in the Senate, which ended
iquittal of the accused; who had
icached by the House, and finally'
vo of the Senate, receiving the
of that body for the impartiality,
and ability with which he had pre
/er it. This waß in March, 1805.
mg to face the indictments which-,
wer him, at Hew York and New
, for having caused Hamilton’s
-Bonn resolved to seek a new coun
lave stated tliese preceding facts in
;o stow by what means Aation
became involved in the circum
which eventually, caused him to be
l a charge of High Treason. He
the southwest, directing his course
iiana, which had become part of the
States, not Jong before, and where
'ernor was General Wtucikson, hia
•iend, who had served with him at
, when the Revolution began.. Burk
'est, en route to Louisiana, and was
greeted and hospitably entertained
VOL. B.—NO. 258.
in every pines ivckl of the Alleghauios.-
Finally, he reached New Orleans, where
he was received as a distinguished charac
ter, and there he appears to have matured,
if he did not conceive, the prospect for coii
cpiering Mexico, and mating himself head
of its Government. He returned to •Phila
delphia in the fall, and partly disclosed his
plans to various persons »who had money or
influence—among others, it is said, to Mr.
Merry, then British Minister to this coun
try, and departed for the West, a second
time, with his daughter and a few friends.
Meanwhile, suspicions had hsen awakened
at Washington, while Burr was preparing
for an expedition—nominally to settle on
the Washita (a river in Arkansas and
Louisiana), but, really, it was believed,
with hostile intentions against Mexico. In
November, 1800, a motion was made, at
Frankfort, Kentucky, by the IJ. 8. Attor
ney, that Burr be called upon to attend the
Court to answer a charge of being engaged
in an enterprise illegal in itself, and de
signed to injure a Power with which the
United States were at peace. Popular
feeling was with- Burr, and, after two days’
deliberation, the presiding Judge overruled
the motion, hut Burr appeared in Court,
demanded that opportunity of proving the
accusation should he had, and after some
delay, the Grand. Jury ignored the bill of
indictment which had been laid before
them, adding a declaration, signed by them
all, completely exonerating Burr from
any design inimical to the laws or welfare
of the country. JTenkv Cray, afterwards
so famous, was one of Burr’s counsel, and
received from him a solemn assurance,
upon his honor, that he was engaged in no
design contrary to the laws or peace of the
United States. In later years, he believed
that Burr had spoken untruly. ’
While these things were being done at
Frankfort the authorities at Washiugtonhad
become aware, through Gen. Wilkinson,
that Burr was preparing a military force
against Mexico, and President Jefferson
issued a proclamation announcing that un
lawful enterprises were on foot in the West,
warning all persons to withdraw from
there without delay, and commanding all
officers, whether civil or military, to appre
hend offending persons. Some arrests were
made at New Orleans by Wilkinson, but
the Grand Jury presented his measures as
illegal. The year 1807 opened, and Presi
dent Jefferson sent special messages to
: Congress attributing designs the most trea
sonable to Burr. The Senate _ suspended
the writ of habeas corpus, but the House
rejected the Act authorizing-this.- Burs,
on his way to the West, had incautiously
been too communicative of Ms purposes,
and several to whom he had spoken now
came forward with evidence against him.
Burr, unconscious of the coming storm,
had gone down the Mississippi with some
men and a small flotilla, and learned near
Natchez, by Wilkinson’s proclamation,
that ho was charged with treason. Wil
kinson himself came up, and Burr sur -
rendered. The Grand Jury of .Missis
sippi (then only a Territory) ignored
a bill of indictment against Burr, and
presented Wilkinson’s expedition, for
Burr’s capture as “ a grievance.”
His discharge from, legal custody being
refused, and more effective proceedings
against him being expected, Burr effected
his escape into the wilderness, was pur
sued, captured, and conveyed to Richmond,
(Virginia,) where he was examined before
Chief Justice Marshall, defended himself
with boldness and ingenuity, and was ad
mitted to bail on the charge of misdemeanor
only—the charge of high treason being left
to be considered by the Grand Jury. But
the preyailin g opinion, entertained by Jef
ferson himself, was that Burr aimed at
detaching the Westland Southwest from
the- Union, and placing Mmself on the
throne of Montezuma .. .
At lliia time Burr was fifty-one years
old, and though never what one could call
a great lawyer, undoubtedly a quick and
astute one; Arrayed against him,' when
the Court came to determine the case, was
William Wirt, afterwards one of the
ablest lawyers in America. Burr, ably
defended, was himself his own best counsel.
The case against him had been carelessly
got up. Important witnesses (General
Wilkinson and others) had not been
brought up. The question arose whether
Bubb had actually levied war—not of in
tentions only, but of acts —whether, not
Only constructive but actual war had been
levied against the United States or one of its
allies—and whether the overt act "had been
committed within the district in which the
trial tookplace. After the Court had sat
for twenty-four days, the Grand Jury found
a true bill against Burr for treason and an
other for' misdemeanor. The former of
fence was not bailable, and Bubb was
committed to the prison at Richmond.
Against several other parties ‘ similar bills
of indictmcntwere 'found.. After many de
lays—it took fourteen days to swear in the
jury, so geheral was the prejudice against
Burr—witnesses for the prosecution were
examined. It was alleged, for Burr, that
before their evidence was given, some
overt act of treason should have been
proved. Chief Justice Marshall decided
that the evidenee was merely corroborative,
and insufficient to prove the overt act in
itself, which it required two witnesses to
prove, and the decision of the jury waß
that Burb had not been proved guilty of
such an overt act as was charged in the
indictment. This was recorded as a ver
dict of “Not Guilty:” The trial of Bubb
for the misdemeanor followed, and he was
acquitted, on the ground that the alleged
offence was committed, not in Virginia, but
in Ohio. The time occupied by the trial, in
cluding adjournments, covered six months,
an d the verdict in Yirginia virtually
closed all prosecution in Ohio. "There a ,
nolle prosequi was actually entered, and
Bubb was a free mail—free to roam,
during the next four years, through- Eng
land, Sweden, Denmark, Germany, and
France, cursed With elegant tastes, which
he had not the means to gratify. His pri
vate journal, edited by M. L. Davis, and
now rather a scarce .book, shows what
sufferings that proud heart of his battled
with during that long and weary time.
Bubb was acquitted, on the rigid ruling of
Chief justice Marshall,not upon the merits
of his case, but simply upon a point of lam.
At this time few doubt that he was intent
on achieving a second conquest of Mexico.
In England, whither he first fled after his
acquittal, he endeavored to interest Castle
bsagh,' Canning, and others of the Gov
ernment, in his scheme of Mexican inva
sion. conquest, and annexation. He failed,
and finally, after many wanderings, re
turned to New York, where ho resided
.shunned as a man but profitably employed
as a lawyer in whose hands most cases suc
ceeded—for he would not undertake hope
less or even very e doubtful cases—during the
remaining two-score years of his life.
- From this sketch it will be seen that the
point upon which Burr was acquitted, is
one which cannot apply to the case of Da
vis. There cannot be a doubt that Mas
shall, as able and pure a judge as ever
graced the bench, was strictly legal when
he decided that it ought to have been
proved that Burr committed treason with
in the limits of the place where he was
tried. All attempts to wrest this decision
in favor of Jefferson Davis must fail.
He has committed Treason, and, to carry
that great crime into effeot, has not
only connived at but actually had compli
city in Murder. for having
been concerned in the raid into; the Dis
trict of Columbia, in Ju1y,..18(54, (which
establishes the legal venue in .'Wash
ington),; he has been accessory.: .to-the,.
destruction of property and the killing of
citizens in that locality; and BreckeN-
EIDC4K has been bis commissioned agent in
the robbery and the murder.
-■ It is possible that, in his defence;, it may
be alleged that ' Davis did not become a
perjured traitor and murderer in his-'indi
vidual capacity, hut merely acting as the
agent of Virginia. But the Constitution
expressly meets that point by prohibiting
one State, by itself or in conspiracy with
others, to make war upon another State, or
with the Union. Therefore, if Virginia,
in rebellion, had authorized Davis to in
vade the District of Columbia and destroy
life and property there, she committed trea
son and commanded murder, and her agent
who carried out her instructions is fully
punishable as an agent, just as if he had
acted as an individual We see no loop
hole for Jefferson Davis.
Tbe Conssel K»*»geit til tlio Trial Of
Colonel Burr.
Vroia Coombe’s ’'Trial ol Burr,” just published I
Seldom has such an array .of eminent counsel ap
peared together in any one case; as participated la
the great trial which constitutes the subject matter
of this volume. The leader of the prosecution was
George Hay, Attorney of the United States far.fche
District of Virginia, a man or fair ability, but
hardly equal to the task Imposed upon him. .He.
was the son-in-law of Colonel Monroe,’(afterwards
President of the United States,). and a zealous
Democrat of the Jefferson school. Ho prosecuted
the ease with zeal, it 1b true, but the charge that he
displayed an “ intemperate zeal,” (sometimes plain
ly intimated by counsel on the other side,) does not
appear to he justified by the reports of the trial.
. Mr. Hay was abiyassisted by William Wirt, then
thirty-five years of ago, and just rising into emi
nence. No other lawyer in-the case, oh either side,
so commanded the attention and won the admiration
of the thlong of.spectators who attended -the trial:
as ho. While his handsome.person, graceful man
ners, pleasing wit, and brilliant’ decUmation in
variably captivated the bystanders, there was
always solid matter enough in his arguments to at
tiaot the heaviest guns of bis adversaries. It is
Bald that he engaged.ln the pToseeution at the per
sonal request of President Jeiferßon.
.The prosecution Was also: assisted by Alexander
. MaeEae, “,the son of a Scotoh parson, who. Was
distinguished in the Revolutionary war: first, for
being himself a hot Tory; and, secondly, for being
the father of seven sons, all of Whom were ardent:
Whigs.” He Is described by Parton as “a lawyer
of respectable ability and a. sharp tongue—sharp
from ill nature, more than wit. He was neither
pleasing nor powerful in argument. At the time of
the trial he was Lieutenant Governor of Virginia.
On the part of the defenoß, the real leader and
firlncipai tactician was Burr hlmssir. .‘‘No step
was taken,” (says Parton,) “ not a point conceded,
without his express permission. Ho appeared in
court attired with scrupulous neatness, in black,
with powdered hair and queue. His manner was
dignity itself— composed, polite; confident, im
pressive. He had the air of a man at perfect peace
with Mnsßelf, and simply Intention the business of
the scene. It was observed that he never laughed
at the jokes of counsel, which, at some stages of
.ho trial, were numerous and good.”. He never lost
hlB temper, and never, under any provocation, was
betrayed Into an offensive personar retort. He
brought forward nearly every motion made on his
side, and stated the grounds ot it with remarkable
brevity and clearness. He was equally happy in.
briefly summing up, at the close of a debate, and
presenting in perspicuous order the strong'points
brought forward in the more elaborate arguments of
his counsel. He never, in the whble bourse of tho
trial, indulged In an argument of any considerable
length. Deep, abstruse, metaphysical reasoning
was not Mb forte. He left ail that to more oompe
tent hands.
Edmund Randolph, in point of age, experience,
and position, deserves to he mentioned first of the
counsel who assisted in the defence. He' was a
dignified Virginia gentleman of- the old school.
He had been a member of tho Continental Congress
during; the Revolution, Attorney General and
Secretary of State under Washington, and Gover
nor and Attorney General of his own State. He
was a man .of much learning and fair ability, hut
his powers were then rather on the wane.
Second among Burr’s oonsel should be, ranked
John .Wickham, ol Richmond, in whom was com
bined, more than in any one else engaged In this
trial, on either side, all tho elements which consti
tute the able and: accomplished barrister.: He was
an Englishman by birth, and “ had learning, logic,
wit, saroasm, eloquence, a fine presence, and a, per
suasive manner.”
Nest should be mentioned Buther Martin, ©?
Maryland, “who (says Farton) in the single par
ticular of legal la lining, was the first lawyer of Ms .
day.- His memory was as wonderful as Ills reading,
so that Ms acquirements were at instantaneous
command.: Burt had become acquainted with him
at Washington, three years before, during; the trial
of Judge Chase, in whose defence dis
tinguished himself.” He was coarse in Ms man
ners, un grammatical in his language, verbose, and
addicted to repetitions In his style, and utterly re*
gardless of order in the arrangement of his argu*
ments. These defeotswere aggravated by anunfor*
to cate impediment in Ms speech, arising from an
excessive flow of saliva. Withal he was “ a mighty
drinker,” and, though able to carry an incredible
cargo of brandy, often exhibited' unmistakable
signs of being overladen. Blennerhassett says of
him, in his journal: “Fancy has been as much
denied to Ms mind as grace to Ms person or habits.
These are gross and incapable of restraint, even on
the most solemn public occasions. Hence Ms in*
vectives are rather coarse than pointed, Ms eulogl
inns more fulsome than pathetic.* 9 Nevertheless,
he was a great and powerful man, possessing many
excellent qualities of the heart, as well as all the
zeal that the' warmest personal friendship for Ms
client, and intense political enmity to Jefferson and
h!s administration, could inspire in Ms ardent and
passionate nature. . ,
Benjamin Botts, father of John Botts of the
present generation, was another distinguished law
yer who took a prominent part in conducting: the
defence. He . was the youngest of Burras counsel 5
a ready, bold, dashing man, who, always oharged.
Ms adversary on the “double quiok^ ,, and generally
dealt; effective blows. He had a great power of
caricaturing the arguments of Ms opponent, and
exposing them in a ludiorons light, .
Charles Bee appeared, also, as counsel for Burr,
at an advanced stage of the trial. He was one of
the most distinguished lawyers of Virginia j had at
one time been Attorney General of the United
States, and had been counsel for Bollman and
Swartwout, before the Supreme Court. He did not
take a very active part in the trial, but the few brief
addresses he made to the oourfc were models of
terse, vigorous, and compact argument. "
Bast, and least, was “ a certain Jack Baker,"
who. has been described as: “a lame man, with a
crutch; a merry fellow, .with plenty of ‘horse wit*
and an infectious. laugh; no speaker, and no law
yer, but the best of good fellows." He just took
■)art enough In the trial to get his name once or
wlce in the reports, and thereby save it from ob- s
livion.
It is stated in Blennerhassett’s journal that all
these distinguished lawyers tendered their services
gratuitously to Colonel Burr. KCr. Wickham and
Mr. Botts made a similar-tender of their.services
to Blennerhassett.
Abduction Conspiracy in New York.
DISCOVBRY OF AN ALI/BGBD PLOT TO BXTORT
MONEY—A. T. STRWABT 'THB PROPOSED VICTIM
—onb' hundred and thirty thousand dol
DABS TUB SUM—ARBKST OF THB ADLKG3D PKIN -
OIPAXi IN THB PLOT.
The New York papers of Saturday give the fol*
loving account of a startling case of conspiracy:
One of the most audacious and determined plots
to extort money that has been recorded in the police
annals of this or any other city, was m part devel
oped in an examination before Judge Bowling at
the lover police court (Tombs) yesterday afternoon.
Which, from the consummate skill with which the
conspiracy, was planned and set on foot, the position
in society of the person against whose liberty, if not
lilc, the conspirators were plotting, and the sum of
money to be extorted, excites. considerable Interest.
Tie individual against whom the plot was directed
was Mr. A. T, Stewart, the well-known merchant of
this city, and the chief of the conspirators is Brrick
Nat Ban, a sea captain, who claims to be part owner
oi the ship Victoria Melville, now at this port. From
papers 7 on hie at the court, it would appear that the
conspiracy was originated for the alleged purpose of
extorting the sum of $120,000 from Mr. Stewart, and
for this purpose he waß to have been .enticed from
bis home in a carriage, and then taken to a certain
place prepared in the upper part of the city, and
shore.to be closely confined until such a time as-he
would be in a suitable frame of mind to sign a docu
ment granting the principal la the plot the sum.of
$120,000, or give an order for that sum on his banker.
The only person who has yet been arreßted Is this
Naes&n, and the plot was divulged by a man named
James Donobue, whom Nassau was very anxious to
have to join him in the plot Donohue listened to
IS assan’s overtures as though desirous of taking an
active part in the transaction, and then gave infor
mation to John S. Young, chief of the detective
police of this city. Detectives Niven and Yaugha
were Immediately detailed to work up the case, and
if possible arrest Nassan, the chief plotter. After
several days 1 watching the pretended captain was
found In/Washington parade-ground, and he was
arrested and locked up at headquarters.
Donohue then appeared, before. Justice Dowling
and made the following affidavit against Nassan,
which details the whole plot: r
James Donohue, of No. 118 . Ohristophar street,
being duly sworn, deposes and says: That on the
39th day of May, iB6O, Errlck Nassau (here.present):
met deponent in Washington parade' ground, and ‘
commenced talking with him; that In the course of
the conversation he stated to deponent that he was
the owner of the ship Victoria Melville, whleh had
just landed with a cargo of iron consigned to A. T.
Stewart, and .that ho was then at law. with Mr.
stewart, who had sued him (Nassau) (or five tonß of
Iron short ; he said that Stewart'wanted to. elicit
him out of his ship, and as Stewart was.a rich man
he bad formed an idea how he oould get money
ft cm Mr. Stewart; that he wanted deponent to go
end hand a letter to Mr. Stewart while ha was
going to or from his house, or the blub where ha
resorted, to meet him that 10 -would pretend
to be a foreigner, and. would wait, at some dis
tance from: the place, where he would have a
carnage; this was to take place; On the evening
of W»dnesday, May 24th, 1868 ; that he said after
he would • get Mr. Stewart Into;' the carriage he,
would take him into his room In Thlrty-firstor.TMr
ty-Escoßd street, and their detain Mr. Stewart forci
bly until he would sign a paper giving him (Nassan)
one hundred and thirty thousand dollars, and that
bo would tie Mr. Stewart In his room until ho would
rt ot ive the money from Mr. Stewards cashier; that
he would also compel Mr. Stewart to give him a pa
tier to get his ship cleared, and that ho would pro
ceed to sea In ballast'after shipping a crew and then
ro to England, where he would take deponent, after
r ivisg him ten thousand dollars for his trouble In
'be matter; that after this for two or three days de
ponent met him and kept going around the aity .with
elm • iust bsfore the time had arrived foj -the eon
'iimmation of the affair, deponent’oaUcd upon
Sergeant Yonng, of the detective police; who caused
_ arrest of said .'Nassau. 1 „
was arraluged before. Judge Dowling, who ,
/.fwimitted hlm for examination, In the meantime i
fhe'Suotlvefengaged Jn the are Sis s?ar<!h ?f j
faxthor evWease the prison?;-, . t
PHILADELPHIA, MONDAY, MAY 29, 1885.
THE TRIAL.
THE PLAT TO MURDER, 808, AJiB MRS
UPOJi OUR EOKTHERN BORDERS.
HOW IT WAS TO BE CABBIES OFT,
The Instructions of'.the Eebel Secre-
tary*of War.
Atzerotl’s Anxiety to Know the Exact Whcre-
abouls of Vice President Jolmson,
An Attack on the Veracity of the
Witnesses for- the : Prosecution; :
Washington, M&y.2T.
After the evidence taken yesterday had baea readi
tbe foJlowicg witnesses were, to«day called for tbe
prosecution:
Tesiimonr of George IV EUmoiids.
By Judge Advocate Holt: Q,. "VVliatJs your pro
fession? A* Oounseilor at Haw.
Cl State whether dr not in the trial whioh recent
ly occurred In Canada of certain oifaudore, koown
as the St. Albans raiders, you appeared as coun
sel for tli© Government of the United Spates! A. X
had ebargeof the matter for tbe G-ovormnent of
the United States. " • ;
Q., State whether in the performance of your pro
fessional duties there, you made the acquaintance
of Jacob Thompson, WlJliain G. Cleary, Clemente.
Clay,George N. Sanders, and others of that'clique 1
A. In the fens© in which the term is generally un
derstood, I did not; X knew those, persons by- their
being pointed out to me daUf ; I have the
honor, if it may be their acquaintance.
Q,, Were the"defendants in court? A. They
weie.
q,. Were they engaged as officers of the Confede
rate Goveriiment in defending these rattlers. : A.
They assumed to exercise the functions and recog
nized each other accordingly.
; Q,. Mention the persons whom you met there, and
who were so recognized. A I do not think I saw
Mr. Thompson more than once j l saw O. O- Olay
during the early part of the proceedings almost
daily, and -Mt. Sanders daring the whole of the
period; Mr. Cleary, whom you mentioned, I saw to
know at a later period, when he was examined as a
witness on tbe part of the defendant.
Q,. Bid he represent, In his testimony on that trial,
that these persons;were engaged in the Confederate
- service, and that this raid was made under authority
of the Confederate Government? A. Hie so repre
sented. as did all the*e persons, and thr.y stood upon
that defence.
4. Will you look afc this paper and state whether
or not you have seen tbe original oi the dooament?
A- I have seen the original.
Q,, Was it or was is not given In evidence on the
trial to which, you refer/? A It was gtvan In evi
dence on the trial on the part of (he defendants.
4* Given in evidence toy them as a general docu
ment! A. It was.
Cl Is that a correct copy 1 A. I cannot swear
that It la an exact copy, but I examined tuo original
yery carelully, and I am able to sweat that it is a
substantial copy, and 1 have no doubt it is a literal
copy. . .
Tno paper was then given In evidence, and,was
road, as lolloWE : ,
COKFtSBBUATE STATES OF AMERICA,
Wiß DKFARTmKT,
EiotrmoHDj Va,, June 18, lßeii
To Lieutenmd Bennett U. Young: ■
Likutkkakt : You have been appointed, tempo
rarily, first lleutenat In the Provisional Army, tor
special service. Yon will proceed without delay to
the British provinces, where you will report to
Messrs. Thompson & Olay for Instructions, You
will, .under their directions, collect such Oonfede
. rate soldlere who have escaped from the enemy,not
exceeding twenty In number, .as you may deem
suitable lor the purpose, and will execute Buoh en
terprises as may be entrusted to you. You wilt
take care to commit no violation cl the local law,
and to obey implicitly their instructions. You ana
your men wiU'receive from these ; gentleman trans
portation and the customary rations and clothing,
or the commutation therefor.
(Signed) .. ,
Q,. Was the Young referred to fa that connection
one of the St. Albans raiders? A. I do not know
that I can answer that.question literally; he pro
duced that document and protested to he the per«
son.- •: • v - --i: ‘
Q,. He was on trial, gs such ? • A. He was on trial
as such) and produced that document as his autho
rity for the acts he had committed.
The testimony of the witness having
ded,: Judge Advocate Holt stated that since closing
the case on the part of the. Government'so far as
concerned the ind tvidua Iprisoners, he had discover
ed an important witness, before unknown to him,
whose examination he desired should now be made.
Mr. Ewing inquired as to which of the prisoners
the proposed testimony was likely to affect ?.
Judge Holt replied that it referred directly to the
oase of Atzerott, .
Mr. Dos tar said that he had hot opened the de*
fence for Atzerott, and, therefore, would not object
to the reception of the testimony.
The witness was then called and testified, as fol
lows S .
d'estimouy of Col. William K. Hevins. '
By Judgo Ahv ocßto Holt: ft. Whore do you re
side? A. In New Yolk.
Q. State whether or not you were In tils city In
the month of April last, and If so, on what day? A.
I was liere on the 12th. of April; I think I reoolloct
the day from the fact that a.. pass, which X received
from the War Department bears that date?
ft. Where did you stop In this city’ A. At the
Kirkwood House.
ft. Look at the prisoners at the bar and see wheth
er you recognize either of them as a person whom
you. met in that house oa that day ? A. That one
there (pointing to Alzerott), I think ho 18 the
man. '
Q, State under what clrouasstanees you met him,
and what he said to you 1 A. He had on a ooat
darker than that: as I was coming out he asked me
If I knew where the Vice President’s room was, and
I told him that ;the Vice President was then at
dinner; there was no one there then except him and
me.''., . . .
ft. Did he ask where the room of Vice President
Johnson was t A. Yes, sir ;,;that was his first ques
tion i I did not . know the number of the Vice Presi
dent’s room, but.l knew It was on the right hand
side next the parlor 5 however, I said to him; “The
Vice President Is'oatlng his dinner.”
r ft. Did you then part with him, or where did he
go 1: A. I passed on. •
Q. Dldyou leave him standing there, or did he
go away 1 A. Well, he looked In the diningroom;
1 do not know whether he went In or not.
ft. You say you pointed out the room to Mm. A.
ft! Was the room In view from where you pointed,
it out! A: Yes, sir ; It was, on the .passage as you
go Into the dining room, and between that and.
the steps as you go,down to the diningroom Is
where this man met tna.
Cross-examined by Hr. Doster: ft. Whattleneof:
day wast-bls 1 A. I think It was between four and
five o’clock; there was no other person at dinner
but the Vice President himself; I was going away
as the time, and was in a great hurry. ■ ... ,
ft. Whereabouts in the building did this conver
sation take place t A. In the passage leading into
the dining-room.
ft. Did the prisoner look Into the dining-room 1
A, From the passage you cannot look inte It, but by
going down'a few steps you aan see in. .
" ft. I understood you to say that he looked into the
dining-room 1 A. I pointed to the Vice President,
Mr. Johnson, who was sitting at the far end with a
yellow-looking man standing behind him.
Q. What length of time was occupied In this con-,
vernation? A. I do not suppose over three' ml
notes.
ft. Have you seen the .prisoner since that-time
until you saw him to-day 1 A. No, sir. _
' ft. Describe the dress and' appearance of the pri
soner 1 A. I was In a hurry whenTmet the pri o
ner, and am therefore unable to give a very minute
description of his dress; It was dark; he had on a
low- crowned black hat, but it is hls countenance by
which I now recognize him.
ft. State to the court your age; I was born on
February 22d, 1503.
By Judge Advocate Holt: State ,whether or not
in coming into the presence of the prisoner ,-Atzß
roit,ttbls morning, you recognized him at once,
without his being pointed out to you 7 A; I recog
nized him •without his being pointed out to me.
, Q,. No irynfratlon as to the person was made to
youl . .
legiiinony of Betti© Washington, (Co-
lored.)
By Mr. Stone: Q, state where you reside! A;
I live at Dr. Samuel Mudd’a; have been Hying
there since the Mondayafcer Christmas,
Q. Were you a slave-before tbe Bmancipaiiou
proclamation was Issued 1. A. Yes, sir. .
[ln reply to a series of questions propounded to
her, the witness then testified in substanee that she
had not been absent from the house of: the prisoner,
Dr. Samuel Mudtf, for a, single night since she first
took up her abode with him until sue came to Wash
ington ; that during that time the prisoner had been
absent from home on three separata occasions.-; first
at Mr. Geo. Henry Gardner’s party, whore he
stayed late in the evening; second,.at. Glesboro,
where[he went to huy some horses; and third,to
Washington, from which place he returned oh the
-doy alter his leaving home.]
Q.. Did you see the men called Haroldand Booth 1
A. I saw only one of them, the small one; I was
standing at the kitchen window,, and just got. a
glimpse of him as he was going in the olreotion of
the swamp. -•
Q. How long after you saw him did you see Dr.
Mudd-1 A. I did not see Dr. ffiudd with the man;
I saw Dr. Mudd about three or lour minutes after-
wards at the front door.
, a A photograph of Booth was here exhibited to the
IwHnesß, but she failed to Identify the likeness as
that or any one she had ever seen.
During a brief ciosa-examination, conducted by
'Assistant Judge Advocate Brlngham, the witness
testified that an interval of about a week or two took
-place between the prisoner’s departure from home,
and that Ills brother accompanied him on those oc
casions.
Ke-«*e.nuimtion of fercmiab X. lindtl
By. Mr. Swing: Q. Aro you acquainted with the
handwriting of the accused, Samuel A. Mudd! A.
Yes, sir. V
Q.. State whether you see h!s handwriting on that
page, (exhibiting.to witness the register of the Penn
sylvania Hotel at Washington, on the page headed
Friday, Deoemher S»d, 18»). A. I do.
Q, Do you know at what Hotel in Washington the
prisoner was ln,the habit of stopping 1. A. Ido not.
Q. Are you acquainted with, Daniel ,G. Thomas,
who has been a witness for tlio prosecution 1 A. i
; am.'-
Q. Doyou-knowhis reputation m.tho neighbor
hood In which he lives for truth and voracity 1 A.
Ido • ft Is bad, -
Q,. From your knowledge of his reputation for
truth would you believe him under oath 1 A- I do
not think I could ; lthaabeen my impression that—
Judge Brlngham. Yda need not state your Impres
sions. ' ■
Mr. Ewing. Proceed with your answer,
■A, Ijhave just stated that I did not think I could.
Gross*examined by Assistant Judge Advocate
Brlngham: Q,. Bo you base his general reputation
upon your personal knowledge, and acquaintance
with him 1 A. Yes, sir, and upon what I generally
hgard spoken by others.-
ft. What do you say that you generally hoard
spoken by others In regard to Ms reputation for
truth! A. That it was pretty bad. .
Q,. How many people did you ever hear speak of
his genesal reputation for truth before the taking
of this testimony the other day 1 A. I heard seve
ral speak of it. - - .
, How many—ten! A. X think so; I will not
say positively; p am speaking now from what 1
nave heard generally.
Q. Can you name the tent A. I-really do not
hnow.
Q,. Can yon nans e half of the ton 1 I think X can j
X might name a dozen,
are they ? A. X might name Dr.
Geolfle Mudd for one. . ■ .
Cl. When aid yon hear Dr. George Mudd speak
on the subjeot 1 A. X heard him speak of It as late
as two years ago. - ■
Q,. What did. ho say of tho general eharaotw of
the witness for truth? A. That It was bad 5 that he
uIQ not believe his general character for truth was
•good.-- *
A, Qi How did he come to say that? A. It was in
connection with some matters that occurred about
the time of stationing Col, Blroey down there.
*o* You did not unders.E.'nd that Thomas was op
**pOsed to Col. -Blrney? A. Not stall'; I slmply
.mention that as being about the time.
•v. Q- : i StE^6 ' sll to® elrcamstaaces In that connec
■ tion ? A. It was about the fact of Thomas having a
man.named PyceArrested there—for what I do not
know 5 the man who was arrested had a brother in
the rebel army, and. some of his brother’s friends
, came to his house. ;
• UQ-- Then the arrest was made on the charge of eu-.
: rebel soldiers? A. Yes, sir 5 1 presume
i ' Q,. Was that the only man whom yeu ever heard
' OSSall thisman’s character for truth? A, I believe
• there were others,
4 Who were the others ?A.I do not know that
l ean name them.
you cannot name two men who ever assailed
his ehaiaoter for truth, how can you come to the
oonclußton that bis general reputation for truth is
oao * : A. Well, I heard a number state so.
By.the Court: Q,, ■{Wha; relation are you to the
■ prisoner?' a. My father and his father were first
,• Q... Have you boon intimate .with Mm? A* Mo*
derately eo j we met frequently, as I live in his
nelghborhoi d. - •
, i stone: Q.. Have you been In the habit of
serving on the juries in'the county where you live ?
A,;I-have, frequently.
_ ,0.; 'State whether Mr. Thomas has not frequent
ly been a witness Jh court when you were present?
A*. Ido not recollect of his having been a witness
= Ip court.
By Judge Bringham: Q,. Have you heard any
one assert that Mr. Thomas ever swore falsely la
• court 1; ,A. No, sir. ;
you aware of .the laofc that he has been a
-1 exporter of the Government and has acted as au
official lor the Government since the rebellion broke
out? A. Yes, sir. ~ f :
Q>* Are"you aware of another fact, that a very
considerable portion of tbo people in St. Charles
county are reputed somewhat disloyal and a good
dealijaTofabte to this rebellion. At I am awitre
young men from our.section have gone
If to the rebel army. r
' Q.. Yes ; and macy of those left behind have been
making a good deal cf clamor ; have they hot acted
agaim the: Government, and in favor of the rebel-
Hon ? - A, Not to any great extent.
C£. That is the general report, ia it not? A, Well:
yes*sir. . ;
; Q.- Are not the men who have spoken against this
man Thomas of that class who bear the general
roputatloh.ol being against the Government? A, I
really do not know.
Q.. Have you any knowledge of rebels being fed
and concealed in that neighborhood by the residents
there?,. A. 1 have not; I have seen men in Bryan*
town passing #nd repasslng who I was told were
rebels; as to their being led or concealed 1q my im
mediate neighborhood I have.no knowledge.
By Mr. Ewing: 4» You have spoken of Dr. Geo.
hludd as one oi the men who saia that he regarded
the,reputation 0! Thomas for veracity as bad ; state
whether Dr. George Mudd is a rebel sympathizer
or not ?: A,- I regard him as having been, through
out this war, as strong a Union man as any in the
United States; I never heard him express the
slightest sympathy with the rebellion.
Q.. Wbat is his reputation for, loyalty ? A. I think,
there would be very little difficulty in establishing
the, fact of its being very good ; he-Is so regarded
universally. : - -
By Judge Bringham: Q.. Did you ever hear Dr.
George Mudd say anything against the rebellion?
A. Very often.
By Mr. Stone: Q,. Did Mr. Daniel Thomas hold
any positon under the Government? A. He said
tbst he was a detective. ' "
CthDo you know such to be the fact from any other
source.4ban himself ? A. I do not. -
Q,. Under whose orders did he claim to have been
acting? A. I think under CoL Holland, the provost
marshal of our district. .
Hc> examination of Benj jF. Gwynn.
-By Mr. Ewing : Q,. State whether laßt summer,
in company with Captain White, from Tennessee,
Captain Perry,-Dieutenant Perry, Andrew Gwynn,
George Gwynn, or either ofUbem, you wef* about
Drrsamuel A. Mudd’s house for a number of days ?
A. J.never saw any of .these parties except Andrew
Gwynn and George Gwynn, and have not been in
Br- Mudd’s house since about the Ist of November,
18611. tor nearor to it than the church since the 6th
of November, 1861.
QV State what occurred in 1881, when you were in
the neighborhood of Dr. Mudd’s house. A. I waa
wiihVmy brother, Andrew J. Gwynn, and Jerry
Dyer; about that time General Sickles came over
into Maryland, arresting everybody; I was threat
ened.with arrest, and left the neighborhood to avoid
ity I went down to Charles county and stayed with
my friends' there, as-everybody else was doing;
there was a good deal of runnlngaround about that
time. . v-/. -•
Ewlrg-Go on, and tell all about It. ri&v4drAred iie §oveixim©nt to sa«C6dd. . .
Assistant Judge Advocate Bringham objected to , ® i? 0 o u orert act * iB ‘
? tS?- p 9 BSitwaS^hot In Issue Vfcat was done and enconiagingiy to your loyal peighborsaad friends?
ln_i_B6l._ ::- a I certainly have; I have endeavored to.dis»tiad»:
Mr. Ewing said the prosecution tad shown by, ycmagmen from going icto the Southern army. -
four .‘or five witnesses that-a party, of whom the Q. were yon or notthe member of-a local org&niza
witness on the stand was one, had been collected in Son tbe object oJ .which was. to stand by the dtate or
the pine wQods in the neighborhood of Dr. Madd’a o ais jss?LS ft B *vJ 6 ni«! ! rf 0 L l Sl I 9 Sg / 0T r n iii^i?l\i 11 l
'iioule, baying their meals brought ; to them by his W***# to a
servants j and 1 had also attempted to show that .Q : You state that you were at Dr. Madd’s la 1861;
theEe.persbss were In-:the-Confederate servloe, and did yen not suppose at thas time that this orianizatioa
thatDr, Muda was guilty of treason in attempting ;ol which you were a member was regarded as disloyal
to secrete them. If the defence showed that this to th* Government ?, A. 1 hardly know how to answer
was not done last yeaT, it would not be a, complete -.the question ; circumstances have changed so since
lefotation of the testimony, because It may be al« at that time every thing was confasioa and ex
+ft 'vhlAa?**** citemcnt and I can hardly answer the question.
* 8^L nCe Q Have you any knowledge of: the existence of a
wished toshow that, this concealment was, the con- treasonable organization In this country known as “the
cealment of a much smaller party than was stated, Knights of the ©olden Circle ,J or “Sons of Liberty ?“
and of men who were not In the Confederate ser-- A. 1 have not, exetpt what I have seenin the papers.
Tice, and also thfttitboburred at another time from Q- Atthetime whan you were a member oi tula or
that stated. .To deny the aecused this opportunity gamzation in the summer or fall of lset, was not the.
fence, and to refuse to allow hnn to refute the whole my knowledge: I may have heard such & thing spoken
massofloose testimony, of..ignorant servants (ig-. ,orf bnt Ido not know that it was discussed to any
noraifbas todates), would be most unjust. •- extent. - - . -... .....
was no color ' ~Qr;Cfth' you'mentlon’the names of any persons who
.of excuse fox the attempt* to introduce testimony in have been most decided in expiessieg the opinion you
regard to the year 1861. 4 The reason-why the objac-. btye stated-in regard _ to-Mr. /Tflomas character for
Uon was not made sooner was because the proEeau- It has been the talk of alinost.eyery man in
- 4 II™ board of a mtm of known loyalty
counsel for the defence In following such a course, {an ardent supporter of the Government) speak of Mr.
It was proper for thorn to swear this witness as to Thomas as a man not to be believed under oath? A. I
his whereabouts, sous to contradict the testimony of do not know a*l have
Mary Simms, who had sworn to having seen him By the court: -Q. Bid not you rejoice at the sueeesa of.
lastsummer. To go further than that was not le- iherehel* in the .first battle of Bull Bun? A, Ido not
gitlxnate. If this course.was persisted in, and every * o y i ta* o. tj, j,
witness called in regard. to 1861 was to swear do. Q:
liberately and maliciously; Jalso, there would be no a. 1 sappoae, with the rebels at that time; I judge bo;
power in the court to punish them for perjury, for Idonotknow.
the simple reason that there was no Issue before the Q. W hen Richmond was taken on which ride were
foourt, either in the evidence adduced or in the your sympathies?. A. "With the United States Govern*
charges and specifications which would authorize . msnt; I wanted them to take Richmond and the war to
t criafo?r ' ' What time did your sympathies undergo a change
•«*«««- *«i> , t i and what produced that ehenge? A. Ido not know;
The Commission then took a recess until 2 o’clock, the only thing I objected to was the emancipation <3l the
at which time tbe body reassembled. slaves; that I thought was wrong.
Be examination of Ben. F. Gwyntt, continued.—* By Judge Burnett; Q. flow about the draft? A. I
By. Mr, Ewing: Q,. State when the party of whom joined a club. . • •• •
you have spoken a« .being in the pines got their 9 A.Yea.
meals-and slept. A. They slept in the barn near . draftbeingenforced?
inrt B TCet«^fiS7?ißhp!?^/^ ri Tnßflli Sw * By Ewlnfi: Q. Wat the understanding of which
and. were furnished with meals by Dr, Mudd, we you have spoken as to the character of the witness
remained there aboutfour or five days, : Thoroanfortruthinhiß neighborhood during the war
Q.-State the oircumstanees of.your belng_ there or before ? a. t spoke of him from his reputation for
ana what occurred. A; As I said before,T went, y«ursbask; five or six years probably. - , -
down there, and stajed around the neighborhood, -.fi Was what you have heard ba*ed on an estimate of
part ef th© time at Dr. Mudd’s house, and part of
the time elsewhere ;he gave US something to oat, tinea he was a boy : I have heard him spoken of as a
and some bed clothing.;. man who would calk a great deal and tell stories.
- Q,. Were you and the party with you in hi 9 house Q. tinder whose orders or anthoricy was the military
during the time you were there 1 A, Yes, sir, al« company to which you belonged organized? A. By
most every day, I think. permission of Governor Hicks. , , ; . . _ .
Q,. Where were your horses'! A. Atthe Stable, I • Q. What we* the purpoee of ihat J;™Pany ?A f Ido
tbink; not know who attended to them, • 52iSJ2S wafYnhara^u'fliftstd
. a i )|, vai] Irsiftw vriiArA Tnhn -Cf v 9.!( nt OrSfiUiZf dIU 18S). 1 bslieve, &Bd V&l UP her® OU 1U.6 a&Q,
VJV A . “ wa3 ‘ of Sebrawy, wh«a the «tatoewas raised ■
tbat ltool A. IthlnteiiowaS atcollogß. By the court: Q. mreUioieaay troly loyal mon ia
Q.. A)o you know whether there were any charges that organizaiioii? A Our. company broke up at the
against you and the party that were tnero ?A. I commencement of the war; some of the members went
came up to Washington about the first of Jfovem-. to Yirßinia and joined the Southern army.. :
her, and gave myself up, having got tired of stay- Q: And those who did not go were madeto take the
•lug away ; they administered to me the bath, and I m / m >
then went borne -1 think they said there had not believe a o aieio,al were they not? A. I
been any charges against me. . " v •• ' q. Bas this Daniel Thomas, of whom you speak,ever
*: Q,. What induced tbe party to go to the pines to been a member of the House of Delegates of.-Maryland/
sleep 1 A. To avoid, arrest, I did. - or a candidate for that place?- A, He was ft candidate, I
Q.-What reason had you for supposing you would heUfeve. v i , - --1-
be arrested 1 A. Almost everybodyln our neigh- 9*
borhood was being arrated, and I understood I t Jl I ?tiufe Dg Ido not know, it commeaced at
would be, too; so I went down there. By Mr. Ewing: Q. Wa« Mr. Thomas nominated as a
, Q,. Have you geen Surafcfc In-Charles county, candldtte by wy Convention? A, flo; I think not; 1
since 1 A. T have not; I wish to state here that it saw Ms name in the papers. '
August 6 iD Noveinl ' Br 1 slept th ° plnes J ifc wftS 111 Testimony of FvanS: Waslilngton
Q,. You spoke of Andrew J. Gwynn being there (Colored.)
with you: Will you state where he haß been since 1 By Mr Stone: Q. Wheie did you live last year? A.
A. He has been South, v \ * At Dr. Szmuel Mudd*s. ' t , .
Cl. What relation do you bear to him ? A. He is ■ Q. Bid you hire there throngh. the year ? A. Yes.
my brether; he lives in Prince George’s county, Q. Where yon-hie slave ?_ 4. 9
some eight miles from my house. a
t 3: BW yoa hoar or Ardrew J la § Wla th,
tliat section slnoe IS6II A. I heard te was there muucer ? A. So.
fonic time during last winter, I think. Q. Were you at work By«t day exespt Saad.ye aad
ft. -Wtat time la 18« r did He go Southf A. In pndsys? a. its. , - .••• ...
August. ; ■ Q I'ld you ««o aßy 088 o»mp oui near the sprlags? A.
Gross-examiaed by Joßtee Advocate Holt: Q.. You Ho. _ ,
spots of tbe arrests ia 1581; did you t „^ a lf l o .y- 0 t ?m a o pat!on 1,1 tia s,lmmel, A - 1
understand that they were confined to persons bus- r w et f “u ibout tio liable at all lours ? A Yes,
peoted of disloyalty add disloyal praotloes? A. air; nigbt .fid moruinf, and at 12 o’clock.
They-were, generally! there were several volunteer q Did you see any ataanae horse there remaining
oompanltsthere whose: members were arrested, ; three or four days In the stable? A. Ho. ,
Q.. Were those companies organized for the de- Q. Were you about the neighborhood of the sprlaga
fence of the United States! A. They wereoommls- R 6 ;,< l 4fS! l? J-. YeB ’. si a . t« twntfs
sloped by Governor Hloti. Q. Wheredid joutateyonrmeals? A. luthekltch-
f | r T»c. d « d f Q Do r yfuknowa°gW called Mary Slums who lives
be arrested 1 a. I was a oapbaln of a company a tsDr. Madd’s hoauei. A. lee. . .
.down there. What do the servants say in the neighborhood
Q,. Organized for what purpose? A. It was called about the character of Mary for trilin* the truth? A,
! a home guard; and was raised-for the purpose of. Shewed never known to tell the tenth. (Laughter.)
protecting the neighbors; at that time there was a - Q. From Jhe.ieueral character, amoag servatts for
good deal of disaffection among the blacks; it was : truth, wonld yon believe her on oath? A
Q Bov did hi, Mudd tr«athts servants ? A. Pretty
through the oountry ,-I therefore .petitioned Gey. • W6 ji ,h s ticated-rae first-rate: I never had any fault to
Hicks, and he gave me a commission. find v? Ith bim.
Ct.: Was It not understood they were organized to Q look at that picture of John H. Surratt, and.eelf
standby the State In any disloyal position she might that man was ai Dr. Mudd's last year while you ware
take against the Government of the United States!, worring ler him ?A. Ho. I never »aw him.
A. Yes, sir, Iso understood Itthey arrested seve- ,«- fow Imifcltd yew live: at Dr. HndAß? A Only
; ral members of my oompany, and.aa 1 understood ls g ij“a“oo while there either
there was a warrant for my arrest, I left. CaptalnJ s erry-, GaptatQ White. Lieutenant PerryrOaD-
Q.. Youslept in the piaosdor the sole purpose of tain Bifjamin Gwynn, George Gwykn or Andrew .
. escaping arrest? A...'Sir. Gw jnn? . A Jfo, sir; I never saw any of them there _
Q,. Dr. Mudd, I suppose, concurred fully in your 'Q.. Do youz lsiiow Andrew Gwynn #y sight ?A. It
sentiment and the sentiments- which pervaded the has been fonr y ears-since I have zeenhim. . _
innni oYc-ftYti'TcLtifinoV ■ a Tt An T%ftt tTnAv' what"'his Gross- examined by Jubis HoU""Qi How .long nave
f cntiml“ wer™atth ycukupu Mar, Scmmca?::A Ev.rclnce ahe wasa
' By Mr. EwingQ,. VWhen was this company,of: q Are Vou and she on good terms? Areyou good
which you were captain, organised ? A, ,1 think in triehesF A. Oh, yes, sir, wc are good f tientts. •
tho fall oi 1859 or winter of’SO. Q. You. like her, do you? A. Oh, yee, aswellftHl
Q. Before 'or alter the etectJon of Blr. Lincoln? do any woman. {Laughter 3 _ -_ a
■A. Ido not know; we commenced toorga- Q- Shahved at the houfe of Dr, Mudd, didn * sue,
nizeour company,before that, but were not fully w‘ oMmU?' A. No
organized until aftar.that Ume. _ ' Qf cu of the kindmsM Of Dh Mudd to his scr-
Q,. How far was the locality of this organization vanU; do you iuow anythin* about his having Blot
;from Dr. Mudd’s place!, A. About ten miles. oi.t of-tbem ? X was hot on the place at that timo..
Ci- Do you kuoifcwhetber Dr. Mudd was a mem- ft. Do yen know the one he snot? A. le»: iu«
ber of any of, those volunteer companies! A.. I notseen;Wm since; he left when thewm commencea
aoompanygottenuptn
i Q; Are you sure: Of that! A. IdO not knot? posl. of this wltn“Si “ an.eweiing_every
tively ; I think so, question before the counsel woMd Sni»h putfing it,
. Testimony or Jewry. Dyer. . , ; “q'f 0 “ k u a t rs at the bar and see if yours-
Examined by Mr, Ewing—Q.. State xshare you . i cognize any of them! A. .Ho,;*lr.:, ‘
t llve, A. I.Jive in Baltimore. I q, you never saw the one sitting at the. end there?
■CblVlfs^tl 816 y “ “ Ted prlOrtotl:at - A ’ ITL
.'°^ te DO*SS£ 5 Ww the prisoner, Dr. Samuel A.' ? t-lrt when two men..ametoDr. .Mudd s?
Mudd? A, Yes, sir. G IMd Toii take their horiei? A, Yes, sir. t .
Q.. How far from thß house of Da Mudd 1 v A* Q Did you «ee either one of the men.?? A, I got a
About a mile and a half in a direct flap. . . : glimpse of one •, » Twlti . e A a.-w.v
Q,. "When did you leave your residence in Charles, §..w hat time Ju_st
county. ?» A. Ifl May, two years ago* . By Colonelßurnett. Q. You saythew have be nno
’ Q.. State haw long before you waat to Baltimore boisea or stzanxers.at Dr. Hudd a within the last year?
you had lived In Charles county, A. I.waa raised A - Q “Koyeur«aoliect seeln* am horses In the stable
there. « . „ , I' thenext aey af»erthb President waakilled.?. No, air ?
Q,. State whether you knew Sylvester Eglan, q Do jou Jecoliect seeing any hoiset brought out of
J whobas been on the witness stand?. A, Ido noi the siable that day ? A.No. sir. ... ,-••••
■ know him'by that name; he was called El; hois i a Q. Were you in the stable that day ? A. No, dr.
? little boy, a servant of the lather of Dr, Mudd; Q, "Who Jed the horses tkat day? Ju X did, L'Laugh
' a. Do you know his brother. Frank? A, Yes* fe ?v 3 TO v -# 4 *■ 1 t„ ;
l Q. Do you know Dick Gardner or L.ukeGardner? 9*:. J m °V-. J e ®“ n fSi \ A* t two strav
;A, Rot by that name ; % knew Dick and Euke bo a r ; *£2?thereSLS daybreakf ? T
i Washington, who, I presume, are the ones you Q. Whatwae the color of theae horses ? A. Gnawats
■ mean. ...... a bay, and one a dark roan-, - - % „•.. _ - -
d. State whether in AaBfiBfc»lB6Si at the house or a Did you feed them again at noon? A No, they
the accused, Dr. Mudd,-under an. oak tree, when w*re gone *tnoon
you was lh conversation with Walter Bowie and the g. Sf ft 8 5°Dr ? Madd's horses was gone ?
accused, tbe accused said b. would send Sylvester . Q m A d T « “ D 1
Eglan and his brothsr, Erank, and others of htsserv- QAad difivett lead him out ior tbs Doctor ? A- Yes,
ants, to Blohmond!' A. X'never had any such con- ■ . - ■
versation with him In my life, and In August I was q, Did ibis little roan “Aarold” ride with the Doo
, not in tbe county ; I went to Baltimore the first day tor ? -A, X doßotkvow. ,-. . _
of August, and remained until October, when hear- <S Do you know waon he came back ?. A» X do not
I k Q°\riftt time didyou go to the field ? A. Soon ftfter
l 6e * ° n ohSSJ * Xfed the horaee, and came back about aundown; the
thirty.or forty haads left the neighborhood about hoT*es we>egone then.
that time. ; ,, .. ? j Q. Both horcet, the roan and bay? A Yes. ,
Q,. And you never, at that or any other time, ; q I understand you to a&y that you simply have no
heard him threaten to send any of his servants to knowledge whether any persons were in the woods or
Richmond? A. Never j I. heard, when I not? A Mo, • „ tH9 a-. *O, sir.
in the county, that such a report had beea_stMted g. You »lmply know nothhxg about it ?A.
there by a certain man In the neighborhood ; I } g* That u alt q what is the name of this other
never heard Dr. Mudd say any such thing, t mautwlo knows Mary filrnm*? A. His name .18
ft. Did you ever meet Dr. Mudd in company with :?i a B a p”
, i Walter Bowie? i. A. Hot that-I know By Mr, etons: ft. Is thls.msn “Bap -or Baptist,^
ft.' Oan yon’aay that you never met Dr. Mudd In work ai Dr_ Mudd’s? 'A ‘i 5 . .worUnJiaSoutt he
: CCWpany with Walter BcwiC St the hetweof Dr, this jcaiihels a wrpentefi a»4is, working
James A. Sepdon, -
Secretary of War,
Mtrid’s naafcr f A. I am satisfied r sever laid; I
recollect sbtfUfc two years ago, In the fbll* of i«B2or
l3fc3? when fiomeonorodeinto ttfrlans; I
turned and nested who' that was .comlng.; : he‘ saW:
That Is, Walter BowltC ; I wonder what he wants
here 1” aEd'tttrh'ea ana' went Into the h{>ase;'. he
stayed about for some minutes, and then went away;
I don’t recollect .whether Dr. Mufld was there or
not; my Imprsreton is he. was not. ,
ft. Do you knoW&ndrew G-wynn 1 A. Very we!!,
ft. Do you know where he has been since lsSl'l
A, He has been In the rebel army.
Q. Have you oyer seen him sinoe 1861. A. I hawe"
mot. .-.■■• - -.
ft. Did you meet Mm with Suratt and Dr. Blan
ford at the house of Dr. Muddl A. Never; I never
saw Suratt there In my life; the only'time I saw
him at all was comlBg; Into Bryahtown some two
or three years ago.
ft. Do you know whether or not any of Sufatt’a
family were In Bryantown thenl A, He had a
slater there at school.
Q,. Did you last year see Suratt drive up to the
house of -Dr. Bludd’s father, andtakeiils horse out'
of the buggy t .A. I did xofc, :
Q/.Are sou acaualntod with the witness Miles
Simms 1 A. Yes, X kno w him; he used to live with
Dr. RTudd, .•'••• .:•
, Q..tDo ycuksowßachel Spencer. Elvlua Wash
iufttoß-EJge Eglau, and Mary Simms? A. Yes.
Q,. Slate whether Ahy of them W6re‘servants of
Dr. Mud din 18GL 7 /A, I think they all were; I know
I bought the.woman Elvina about iB6O or 1831.
Q.. State whether you were at Dr. Mudd’s house,
or m the neJwhbojLood wltn .Ben G.roguo, Iq the
summer of 1861 t A. I was in’ September, 1861,
Q. How lohg were you at the house ? A. We were In.
the neighborhood about s week • •.,»
Q What were you doing? ,A. We were knocking
about m t-be bushes and pines; there w*s a report that
everybody was lo be attested; they weTramsUa* a
rooo many men in that neighborhood; Hr. ; Gtwyna
razee down and eVid-they had been to the house to ar
rest us; 1 also received notice that I was to be arrested;
1 came to Dr. M'udd’a and slaved about there, Bleeping
m toe pine* between hie house and mine several nights;
-we were two night* very near his spring.;; •:
,Q, S'here did you get your bed slothing ? A. At Dr.
JSodo’e house- I
Q-Where did you get your .meals? A. When we
weTe near bis house Dr. Mudd brought-the meals in; a
-partolrthfi'-Ujarwe were on the- opposite‘sldir. of:'the
swanjprWMie ;we were bn/thls . elds'we were'ab'UiS
two hundred yards from hie (Dr. Mudd’s) house; he
would fcometimes’ bring down a basket, with’ bread,
whisky, Ac., and the girl (Mary Semmes) some
times hi ought ccifie.
Q" Who took-cere of the horses of theparty? A. I
the)»or*ee were left at‘Dr. Mudd’s etaDle.-and
sopooae the bo? Milo took care of them; he was about
there..: . . - a.-
Q. State hrw the parties were draped? A. They had
on.citizen*' clothes
Q. Who composed the party? A Benjamin Gwynn,
Andrew Gy ynn, and myself.,
~ Q Were applet and peaches rips* about that time?
It was aboutpeach season. .
Q Bo yon know whether a watch was kept at Dr.
Mndd'c tense when yon were there? A. I recollect
telling the children to keep a lookout add. let ua know.
Q Bo you know whether Albion Brooke was about
the house at that time? A. I think he was not living
there, hut be often name across there
€l. Do you know whether there was any warrant for
your arrest or my charges against you ? A. Ido no;;
there was a, general stampede of'people, and a great
oa citement in that whcle community.
Q. Do you know Daniel 8 Thomas, one of the wit
nesses'for- the-prosecution ? A. I have known him
quite intimately since he was a boy; 1 have seen much
of him fur the l&st two or three years
Q, Are you acquainted with the 'reputation in which
he is held in. the community in which, he live* for
veracity? A. ; I only know irom public rumor; there
are who have any confidence in him,
Q. From your knowledge of -his reputation for ve
racity, would' you believe him under oath? A. I
would not.
Q Are yen acquainted with the accused, Dr. Mudd ?
A. Yes* 1 bare known him from a boy.
: Q. 'Whet is his general reputation for order and good
citizenship? a. 1 have never heard the; slightest thine
against him; he has always been regarded as a good
xjtizen—as a'man of peace; I have never known him
have any difficulty, but have always regarded him as a
peaceable, quiet ettizan.
Q. What is Ms reputations? a master over his ser
vant? A. 1 have aiways considered him a very kind,
humane master-; 1 have-not known anything to the
contrary with the sicgle exception of his shooting that
boy.
Uross* examination by Judge Holt: Q You say you
would not believe Sfr. Thomas under oath; have you
ever heard him changed with having sworn falsely on
any occasion?- A.,1 d.o not know as 1 have.
Q. Be is a rather talking: noisy man in the neighbor
hoed, is he ?■ Ai Ye* -■
Q He tslfcs a great deal about the Union and a groat
dealagainEt tie Jehtliion, don’t he? A. I- believe he
doss.
Q. He has a reputation of being intensely loyal to
the Government, bashe ? A. 1 think he has; I believe
he is considered loyal/: -
, .Q .Bave you been loyal during the rebellion? A; I
do noth now that I have been guilty of any act against
the Governioenv,
Q. I apeak of your lentiments; hare you darln* this
rebellion eecired the Government to succeed in patting:
itdowa? A. I tfcver wantedturo Governments
Q The question i« a,direct and plain one; I desire
?cu to answer it A.: i can only
never ’wanted tbi* Government broken up; X would
rather have Been one Government.
Q. Will you ple&se answer the qneition directly, yes
or no ? A, I hardly understand your question; I taluk
FOTE cmf&
ha» IS)V .w«yk«d at Dr. Madd’, IW« year wore ft an a
W^‘t*« ll cfoti'rS: Q. Whatr wataa do yonget? A. A
. knndradydia tMrt, doJlta*. /. , , .< T .
’ Q, Am& sluhalWng extra /or this joM A.ldonot
* ft 01 Waa imtbiD g said to 'yon’fSittnt Siat? A. ITotMur
r Q, Don't yorf expert somethiag: for this job? JL I
don't know * * , ■
; Kr, Siena;: Q: Be yon knoTTWaßer Bowie ? AX
G Did yon see'a mss called by' that name at Dr.
I Mudd’s house last year f A No, sir. •• .-.
. Q Do I onderetand you to say that other servant* in
; tfce bouse and neighborhood spbke of'M&tf Simms, as
. not truthful ? * a. -iss, tbst was the common talk about
•her. - ;r '
;,, any one srosnlae yoa anythin, MireomlttX he™
-to give your testimony ?• a. Ho, sir. : '
€f, Has any one meat jonailafcy suchthiinr&O ?ou. A.
ho* sir. ' ; "
Tesfizneny orßapti^WssMngtoafcord;)
W livelast year,? ,A. '
At DrrMndd’s for about aide months of the year* f
was st work putting np a room- as the kitche* there:
1 commenced work inJanuary?/February,and fret-had
•In August; then I came to' Wjwbsswton, and wwe ar
restsa• I stayed abont a month; and went oack lo work
again at3r -Mndd’s •
Q. Trhilß you was there last yea? did you ever•>ee
there Captain '’White, of Captain Percy
Lieutenant Perry, and Captain Senncfri Gwynn? a.
no,' sir.
Q Do youkpow Bennett Gwy u wand'Aadrew Gwyan
when you esetbem? A. .Ho, sir. 1% . ,
. Q. Did y 00/s<=.e or hear of their beinK'tne<ie while yow
w*-re there ? A. 80, sir. .
Q.‘ Do you ©wo? any persons carapingnui near the- I
s?jr;ng last summer, and sleeping there ?-' A . Ho, sir. »
Q. WAe 3ou frequently avout the spring? a. I
worked at the stable a part of the times and I think X i
shoulc have seenyereona if they had been there,
Q. Did you ever know any hone* not' belonging to
the place kept there for two or three dayewt the stable?
A ho, sir.
; Q.-" Were yon ibere. every ‘day dnring the time you
.have mentioned,-except Sundays and holidays? A. 1
.was there every day except Sundays and some Satur--
■ days. ; : ’' •■ •
-G. Do you know Mary Simms;? A Yes-;* she was
there Ja*t year i
-. G. Did 3on ever hearher character for
among the servant*? A. 1 never knew any one put
. much confidence in. ber truth. -
Q/Was'-her general chsracter amongihe servaufcstbvt
ef a truAful w uma'n or not ?. A. Indeed, I do aos-xu© w.
_ a. Bow do* s Dr. Aiudd treat his servants? A I-thick
very well, from whni I know.abnniit -
Q. Eowdid he treat you? A Verywsll. .
|G What-was'the occupation of this wsmau Mary?
A She minded the children, and waited on the rable
sometimes?
Q Did you ever see a mm hr fc«ae of John Snrart?
A, If I did I do not know. -
Testimony of Albion Brooke;
By Air Stone: Q. Where did you reside last year?
A. At the bouse of Dr. Samuel A. Mudd. ■
Q. When did you go thereto reside? A. In January,
2664.
<3 While you were living with Dr. Mudd last ybar
did you *ea there Captain White, of Tennessee. Captain
Pyny and Lieutenant Perry ? A. Ho, sir.'
Q Do you know Bsn. Qw ynn ? A. Yes.
Q. Didyousse himlastyear? A. Yes.
Q Do you know Andrew Gwyiin? A.. Yes.
Q- Did you i-eebim there last year?. A.” Ho.
Q. Did yea see GeorgeGwvnn there last year? A. Ho
Q. Do you know John H. Suratt? A. I saw him once
in Prince George county.
<3. Did you see him last year? A. Ho,
Q. While you weie living there last year, did you see .
or know of any person sleeping out U. the woods or on
the lam ? A. ho, sir.
Q. What was your occupation In the summer? A.
; Farming.
Q Were you. at the stable A. Yes; three
times of a day—mornin*. noon, and night.
. Q. Did you see any strange houses at the stable. A.
Ho, '
Q. Where did you trfceyour meals and sleep? A. In
lie house.
Q Where were you in lSSl? A. I was living with
Jerry Dyer, right across the swamp from Dr. Mued’s.
Q, Do you know of any one 7 s steeping in the swamp
about Dr. Mudd ** during j 861, the first year of the war ?
A. Yes, sir; I did that year.
Q who?. A. JerryA>yer, Ben. Gwynn, and Andrew
Gwynn.
- Bow long’were they in camp there In the woods?
A Idonotiscollect.
Q. JBave you sees Andrew Gwynn about in the coun
try eince? A. Ho, sir:
Croes examined by Judge Bringham; <3. Do you
know whose picture that is? A. Yea; John buratt's
i Q , Where did you see Mm? A, In Prince Georgs
bounty last August. i
Q Bow far from -Dr. Mudd’s? A* About fifteen
miles -
<3 Did you see Mft afterward*? A. Ho,
Q. Did you see any one at all at Dr. Maid’s last sum •
citr? A.- Ho one but the neighbors. ;
■ Q. Did you ever tee Booth there ? A. Ho. :
Q. Didyoueforseeßooth in that county? A Ido
not know. .
Q, You say that no one came to Dr. Madd’a last sum*
mer? A. Ho one but the neighbors or persons who
would come after him to attend the sick
Q. Can you tell who came after him ? A. I do not
recoUcct now.
Q- If you do not recollect, then you do not know who
came ? A. Yea, I knew them when they came.
Be-examiiiation of Jerry Dyer.
By Mr-Stone: Q. Look at that picture and see if it it
of Jchs H Suratt? A. Yes, that is a very good ilka*
ness of him.
Q. When did you see him ? A. About two years ago.
. Q, - Bad he a goatee then ? A. I think he had as I rec*
Ollecthim. .• ‘
By Mr. Stone; Q Whether does Dr. Gwynn or Dr.
.Mudd live nearest to Washington? A. Dr. Gwynu
lives below and Dr Hudd above Br^antown
- Q. State whether Dr Mudd Uvea on one of the roads
leading from Washington to the Potomac river ? A.
JB ofc on any direct r^aa.
Q. Bow far cut of the way would it be for a parson
starling from Washington city and striking the Poto
niac, say at Cedar Point neck opposite Matthias’ Point;
to go by Dr. Mudd'shouae? A. I suppose not less than
seven or eight miles.
Q. Ii youßtacted iogo to Port Tobacco, how much
out of ihe way would it be to go by Dr. Mudd’s ? A. I
suppege about seven or eight miles
Q. If Dr. Mudd’sis seven or eight miles directly off
tberoad, would it not make sixteen miles out of ihe
way altogether? A, Ho, the road winds roundsoasto
fcboitentne distance gomewh&t; I suppose it would. bs
ten or twelve miles out of the way to go by his house.
Q Is I>r. Modd’s house considerably nearer the * cPa
tuxent” than the Potomac? A. It is.
- Q. What point is very nearly opposite Matthias’ Point
ontMs&ide? A. 1 Polk’s Creek, I think ; lam not very
familiar with the river there.
By Mr-Burnett: <3 How far is it from Baltimore to
Dr. Mudd’s heme? A About sixty-five miles.
G. Bow long imee you resided in that neighborhood?
A. I wentdc Baltimore two years ago last May.. v
<3. Where hare you been since thattizne, when hotln
Baltimore ? A. i was down in Charles county, attend*
in* to the Bale of my property, - x
Q . What kind or property ? A. I sold horses, cattle,
and stock generally: , . .
. G. Did.y on ever have any business taking: you across
tbs line of the Potomac? A Ho,' eir ; I Lave not been
aero** the Potomac since the war.
Q Have you, since the rebellion, belonged to .any
recret political society; of any name whatever? A I
have not..- •
Q Do you know anything about any' goods having
been shipped from Charles county across the Potomac 7
A. Uo not.
By Mr- Stone: Q. What is your business in Balti
more ? lam doing a commission business, selling to
bacco, Ac.
Tet-l ixnony of Dr. William 1. Bowman,
By Mr. Stone: Q. Where do you reside? A. Bryan
town, Charles county,
Q. Dio you know J. Wilkes Booth? A I did; I first
*aw him, I believe, at church, in Bryantowa; I was
told that his. name was Booth, and a few dais after
wards I saw Mm again at Bryantown.
Q. Do you know what was ostensibly his visit to that
part of ihe sountxy ? A. W ten I saw him again at Bry
antown he asked me if I knew any person wno had laud
to sell; Hold him I had some 1 would dispose of; he
ssktd where it was, and.l poin’ed out the place: he
then asked me about the price, sn* X Told him there
were two tiaets, one of one hundred and eighty acres,.
another belonging to the estate, and told him ihe price;
he then asked me if I had any horses to sell; I said I
had seveial horses for sale; he'said he would come
down and look at them.
Q. Did you know of Dr. Mudd’s land being for sale
before you came down there? A I heard him say last
summer that he could not get hands to work his farm,
and that he believed he would sell and go i&ta the mer
cantile busicessat Benedict, apiece east of Bryantown.
on the Patuxent river.
Q. Do you know whether prior to that time Dr. Mudd
wag in treaty with any other one :&bout the sale of his
land? A. I think he was.
. Q. Do you know whether Booth inquired of anyone .
else about land in that neighborhood ? A Ido not.
Q. 'What is the distance from Bryantown to the Pa
tnxent river at tfce nearest point? A. About ten miles.
Q What is the distance from Bryantown to the near
est point on the Potomac ? A I think Matt Mai Point is
the nearest cioßSisg. about five miles distant,
Q. How far does Dr. Mudd live from the Patuxent
line ? A. About eiiht or nine miles,
Testimony of George Bboles, colored.
Q. Where do yon live ? A. With Dr. Samuel Mudd.
Q. At which, cf his places? A At the place near
Bryantown. - - '
u. How far is that place from John McPherson’s?
A. About half a mile. t ,
G. Above or below the road ? A Above. _
Q. State whether you saw the doctor on Baster Satur
day evening? A. Yes. sir. , - :
G. Where? A. Just below my house, coming from .
Bxyantown. *
Q. Does the main road from Bryantown to the swamp
lead by 3 our house ? A . Yes, sir.
Q. To so to Bryantown from Mudd’s you can either
go up the swamp'or by your place? A You can go
the plantation o&tn or the road, either one
G. Did Dr. Mudd, coming from Bryantown, pass
through your place? A Xts, sir. •
Q. Was theze any one with him? A- Ho, sir; no one.
Q Are there any woods between you and McPher
• eon’s? A Only a few bushes and briars in the swamp..
Q. Where had ycu been that evening? A. On the
swamp, with, my hogs; as I came, I met Dr. Mudd
coming from Bryantown; he kept on with his business
and I kep. oh with mine; it was bat ween three and four
.o’clock.
Q Did you see no one pass up either road ? A, Ho,
sir. :
Q. Ie there any road that turns out .between your
house and McPhereon’s? A Ho; only the,path that
goes t?*- McPherson’s house' ,
Q Did you see anybody on.horseback, or. standing
th**re? A Ho, sir. ,
Q. Did you go near enough to ses them if there had
been any one? A Yes, I»houldhave seen them as.l
parsed across ihe main road. '
Q .Did.you.pass quite near the little swamp? A
Ye*, »lr. ' I ""
• Q. How was the Doctor riding? , A^At.Ms usual
B& Q L Was that Dr. Mudd’a usual route when he weut
to Bryantown? A. Yes, he always passed through
that way. -
Q You are alien dlng io that place for old Dr. Mudd,
areyounot? A Yes* sir. ■ . ; v ,
Q. pio Dr. Mudd stop? A Yes, sir. and he spoke
to ms; he atked where 1 had been, and I told him.
Cro<B*examin&tion.—G . Yon told him you had baen
in the swamp? A Yes, sir. '
: Q. Did he ask you if you had aeen anybody there?
A Ho, sir. .
Q How far-.was he from Bryantown? A About one
What sort of a horse was he riding? A The bay
filly.
Q. Is it his horse?; A,'Yet, sir. w ..
Q, Bad you teen it before ?. A. Yea. sir; I knew it
well. ■ - w
Q. This was on the byroad ?- A Yes, sir.
Q. Did he say anything about Bryantown at all? A
Hot one word, sir.. • . W/v
G. You could cot see all over the swamp/ A. no,
sir * - - ■ 1 . .
Q; A man might have been there off Ms horse and
you not see him at all? -A. Yes, air.
Testimony or Mary Jane Simms.
Q. Where.did you reside last year? A With Dr.
Samuel Mudd; * , .„ : -
0. Did you reside there the whole.year? A. Yet, ex
cept when I went visiting at my sister’s; I never stayed
over two or three weeks at a time, ;
; Q. Do you know Captain B. Gwynn? A I have a
slight acquaintance with Mm.
■ .Q -Doyouknow nim.whenyou seehim? A. Yes, sir.
G. Bo j on know Andrew Gwynn and George Gwynu?
A. Yes, sir.
Q. Do you know John Saratt? A Yes, sir;l have
teen him once. -.
G. Were any of the parties whom I have mentioned
at Dr. Mudd’s l&it yeaT ? A I never saw them.
- Q. Hone of them ? A. Hot one. . *
Q. Do you know of any one slaying in the woods and
being fed fre m the house? A. There never was any one
•there that Lever heard of. .
Q.- What time of vear was It that you paid the*evistts
to y our sister? A. In Mafchlatt, March twelve months
I staid three or four weeks '
" Q You were at Dr. Mudd’s during the spring season
5 and fall? A Ye#, sir.
Testimony of A. 8. Howell.
Q. Of W)iat State arajoi a resident? A. OfTlrrinia;
I was formerly of Mar jlascl v • , T
.Q. Are ,qn acaiaaliited with Mrs. Sarattr A. res,
* I Q -When did you first mate her acquaintance ? A
. About a year and a half ago, sir. vm, Mra
G. State to the court if you r n e 9 pr f se w t n w ls? M
Suratt and hsr-father. at SurattiviUeJ• A HO, • _
* : Q. Did »he, at Auy time tbat
newspaper to read for her? A. xes, sir, j. *“
n Q paper to read for her!
Vi’Sr&ou been to he, hones in this city ? A. Tee.
“ir- n. On the SOth of February. ■
' S you «o there; was lt in the day or
Q What tlnie mu j r pols ,tlilj about 8 o clock.
1 6T Q“’w l a 9 The hall? * f Tes, ; • :
• & WMare Suratt able to recofutes you then? A.
M a 6 H’o^mfny^e;, ilid° to tofbro she
Q. Are yon acquainted with Lewis Welchman ? A.
T Q B ' How lonrdid yon remain at Mrs. Sar&tt's? A. I
W Q S What object in soins there? A.'On a
yleit a. mnch a* anythin* alee; i had nobuaineasthere
-in particular; - . , . - , . '
Q. What waeyour reason for not ,oln, to a hotel?
: A Ihnew them; and thought I would spend the time
. better there than ftt & hotel.
e Q; Were yor ghoriDf ooney&UhAfctime? A, Yes,
i t S3^»
WATI PaEa§,
(PUBLIBHEDVWEEKLX.
Tub War will be sent to subscribers by
"mail(per annum in advance) at.
YWeccpies,....-*.; *,*.10 uo
Ttacopiesv^^......... at) (*)
Laraer Clubs than Ten will be charged at the
rate, 555.00 percopy.
.J rhe mast always accompany ihe order, and
ir’f can these terms be deviated from, at
Vajjord. very Htt[e more than the cost of paper.
Tr?w ofet S &ststa r ' re to wated to act as agents for
ihe War P&ebs. .
e*lnpfofm t * I '™ of tka Cluhor ten or twenty. a>
extra copy of the p&p M *UI £lTea _
Q, you tufficieutnieft.no t.-,
• & boiel? A- I don’t think I bad, V^urtxpenjQa at
'yottVoade Iho acquaintance of Mr w.i.t.
zdsu, did 7<*u >haw him any cipher? a t
V'W !o mate one, £Mn hemadeit Mmwif hWe4il ®
i'Q, Was it simple or- complicated? A I could uii ti..
, .. - . wamiuie
* >e!fttsut Judge Advocate Brlugham thou eiid* Show
him :&? dpher.-. om the record. It i* number three or
1 rC Q r '.v Tasdt:like that or similar to it? A. It was like
thiK this 1* not the one, I think
f A ’ Weiehmau give you auy ißforcaatlon. wßhte*
- c&rd to i prisocers we at that time had on hand?
i -objecto. to aud the questlou waived.
■ q. Didy' o ® have any communication WeTch
v man with j 'egwd to hU going South? A Yes, sir- £ had.
Q : gtaU w'hatit was and what he said? A Hes&id
he wo u d lib n Mo go South.
(j Wbai rea son did h« give for wißhiugto go South?
'A If# 4id hot any parttcaiar reason
! Phi hb say anything in connection with bis going
Soul If shout hi* sympathies?.
Gbiecled to and Aboqaestlon was withdrawn;
q Did y*u 1 ave ~a ny conversation witt Weicbmau
‘ wSh rkgsyd to getliaif him a ptace ln Blchmcnd? A He
’ f jcbooght hi?couM gst a placa there &»clerk; I
‘fold bfcfi lt*-.WB® doubftelf'because the wounded soldiers
hiid thy prelorence order of tbs War Depart
whetherhe cteted to yon whathis sympa
niift s
d?L\pn 3' A Wo Were tnlking matters ovsr. and ho
said that h« I*to*ded to loS&nifa and wanted to go
with me, aitdl said if the case he-kad betser
lo tbetO. as I I should cres j the river
eiara* he ofatfl-he* vras not ready ? to r>jost ihtfis; fan told
roe htV sjmpatbiai. re^with' the bouth, aed shat chs
h.e thought,-•wouldultimately succeed. •*
G Dichrsey. th*t he>had. ccwHTdofor
GcveTPinent? A i•believe he did.
Q. Did b>e .eay-he'was always a friend of the South?
A. He did.
: Assistant JisdW Advocate Brifagbam stated, that he
objected to this. He might be'overruled, but in.,
this court or ctf&old*- of it he would-'object to any such *
mere oa^asTie®
•Tie Commieidou sustained the opinion of the Assist**-
ant Judge Advi>ei^ r :
. Qi While at, M>r Surat’s did you learn of any trea
sonable plot or ei^elTTl3o=inexistence? ‘A: I d;d not* -
sir. ,
Q. Did Snratfceve.vriyg a despatch, verbal or written*
to take to hicfcmo.sd ?- A 80, air. • .
Q. Did WeHchm'-S>r« ye« a full Wuro bf ihe asm*
her of piuonere? .iAfYva, *ir; he stated tomfethe uam
btr ?faat the-Unite'd bad, and the
number they bad over yhvt the Confederate' Govern
ment had: X doubted it>hu* herald he had the hooks in
his own office to look at’. /„ - r
. cross-examination : €53 do you reside?- A In
King George’s const) I ’* ;
G Bow long have'louTssided there? A About two
yeaisoff acd on. . :
Q. Where did you: resJSteVln Maryland? Aißefore
the war in Prince Geor ge'b*cofin£y.
Q Does your family iT«6 A Yes sin
G Wh« j» die y>u maite the avquaiataace -?f Mrs.
Soratt andber family ? :AA year sad a half Ago
Q. Where? A. Dova'.ln con airy, at their hotel.
Q. W*s ehelivlnsther.e t&ofa?'A: Ye«, sir.
G, Youkaow John Sar.att; ' A Yes, sir.
Q. Did he accompany y-outo'-Hichnsond? A, Hevfir,
iir. .
Q. What has been your occupation for the last year
atd a faalf? . CThis quesitton to, and th®
objection wbb ovenuled J A. had no particular
cctupation since I’ve been tout of the army.
Q. "What army?' A The army.
Q What .portion of the Army <rW you serve in? A
In the Ist Maryland Artillery tUPJuIy, 1861: I then* *
left the »ervice.
G Were you mustered out.? A. I discharged or- ‘
account ot disability.
G. What have you heen doing that? A I have
nor bren employee in any partt^ula^basioesa.
Q. What have you been doing? A Nothing.-
Q. Haven’tyouheeumaking trSpeso-Richmond? A
I ve been there, air. v
■Q. Howfrtapeitly? Jl Soma time onca in Iwo or
three mouths; J'xe hsen there twice siaee the first of
April, twelve month* ago
Q And those two times were v Then? A In December
lapt and iuFebrsaiy. t
Q Did you go alon* in December ? A There might
hB ve been some gentlemen with me. .
did you cross the line or the blockade? A.
In Wetunoreland county.
G. Well* in February, who aocompanftd you? A
Saif a dozen persons.
Q. Who were they ? A Persons from the neighbor
hood.
Q. Any from Washington? A. Ho, sir.
Q What was your business -there in Basemberf
A. Ho more than to see my friends, and buy soma
drafts. ? • ,
Q. Did you buy any drafts? A r think I did.
Q. Draffs on whom ?
CThe witness here objected to. answer that question,
on the ground that he did not wish to criminate
others 3 .... . - .
Q . W«=.xe they persons in Wai|hißgto*f? A Ho, sir.
G. Who were they drawn on? A. ’On some of nor
friends in AaryJand. *
G, What part of Maryland? A In Prince. George’s
county.
Q, Were any of those drafts drawn on any of the ac
cused? A Ho. sir.
Q Th«wais ia December?- A. Yes sir
Q» What wasyour business there in February? A T®
teemy/riend*.
Q. Did you carry any despatch? A Ho; never in my*
life.
Q. Did you take any note*, or hringanyback? A
Ho, sir.
•G. Did you bring back, any drafts? A. Yes, sir.
Q From whom? A From friends of mine in the
army.
Q. How far did yon carry despatches? A I never
carried any. 5
G. You are acquainted with the Furstts? A Yes, sir.
Q. Bow often have you visited them; how often did
7ou io to .Richmond after yon became acquainted with,
A. About half a dozen times.
G. You*ay Weicbman askedyou to gethim a place
inßicUmond? A. Hedidn’task me to get him a place;
he a>ked me if I thought that he could get a place.
Q. How did. you come to talk about things in Rich
mond? A. X suppose he understood I was there from,
mv conversation
G Where wasthis? A In hlsroom,
Q At Mrs Suratt’a? A. Yes, sir
Q Was there any otfcerperson present? A Mo,sfr.
Q. Did you ever talk with Suratt abontbeiug at .Rich
mond? A. I might. .
G. Did you orcidyounot? A. Idisremebsr; I can’t
eav poritively.
Q. Weickman knewyouhad been there? A. Yes, sir.
G,l would ask you whether this has not been yoor
tu-ireis foi thelaßt year and a hail ? A Ho, sir. •
Q. Have you any other occupation; do you do any
thing else for a support? A. Vffcy, I’ve been specolat
inc a little in Virginia.
G. Where! A. in King Georges county.
G. Were you not known by your friends as a block*
adfe.runner? A I don’t know. - •
Q. What name did you go by besides the n&m3 you
have given here? A They sometimes called me
Spencer. . .
/* Q.- Well, is that your name ? A; -My name is A S.
BowfD. . '
. Q. What ie the S. for? A Spencer.
: Q. Why did you not give it when asked for it under
oaili? A. Well. I wasn’t particular; X thought A &
fioweil was enough . “
Q is tpene*r yourname? A. It is one of my names ;
iome of my friends call me Spencer.
Q Was it given you in your infancy? A I don’t
Q., Give to the court your full name ? A A S,
Howell. ;
G. la that your full, name or only th© initials of
your n&meVwhat is your same in full? A. I sel
dom use * *8” in my name; my proper name is'A. S.
Howell. ,
Q. When running the blockade, what name did you.
go by TS'A, By the name of Howell.
’ Q. When were you arrested? A In March.
Q. How recently had you then come from Rich
mond? A. 1 nad not been in Richmond for thrse
Q. That web In March? A. Yes, sir.
Q. Do 3on remember the time in March? A I think
it was about the 20th or 21st
Q Wien 3ou went to Richmond in February, do you
remember who accompanied yon? A I remember on*
man by the name of How©
Q. Did any person from tHs city accompany you?
A Ho sir, - . . -> . .
Q Axy from Maryland? A. Ho sir; they were all
from Virginia. -
Q. Thi* cipher, where did yougetit? A I’ve been
icqusinted with it some seven years
Q. Where did you learn it? A. in a magician’s book,
Q, What did you use it for? A I had no use for it
• •• **... w,U J MW tf.V X. JV4f X 440,4 ** * r IXQD IVI Xfli
Q. What did you carry It for? A. I did not carry it;
I could mike it in twenty minutes
G. Did yon ever teach it to John Suratt? A Ho sir.
Q. Did you ever meet at Suratt’s house Mrs. Slader?
A. I never met her at Suratt’s house; I met her here in
Washington.
Q When?- A. In February. >
G. About what date? A. The 20lh or 23d.
you Imve any conversation with her? A
’ea.'fiir
Q. 'Bld she accompanT you to Richmond? A. Partly.
(Filed 11 o’clock.) . • ~
G- Did she ever come back with you? A I met her
accidentally in Weßtmoreland county. .
Q, Do you know the object of her visit to the Con
federacy ?: A Ho, eir; 2sawherfirstin.Westmoreland
county. Va
G When WMlhat? A In February last.
Q Did you meet her at Snratt’s house? A Hot till
after I had met her on the Potomac.
Q. When did you see her on the Potomac? A. About
the first of'February. ■. .w : ; .
. Q, Did you come here together ? A. Ho, sir.
Q Where did she go to J • A Hew Y ork city.
Q. Did. yon accompany liar any diitanos.? . A. Only:
across the riyer. • „ ' '
<4. Ton met her again at Mrs. Soratt's house T ,A,
q’ j>jd she go in? A. 80, sir; she staid in the bngcy.
Q. "Who was with her ? A A young man.
Q. 'Who was he? A John Surati,
Q, Did *«he afterwards come to the hcnse ? A. No,sir.
Q, Bowlens; dl& yoo. stay atSnr&tt’s? A. Two day*;
o; ' ’
irtwodayssmdafcalf. c ,
. Q. Bid,you have any conversation about your Rich
mond trip? A, fiot particularly, a? I Know of; I,bad %
talk 'witb W'elcbman, and told themlhad. been to Rich
mond* but they bad already heard it
Q Tbf y knew yon. bad been in -Richmond? A. They
hr ew Iw as from Richmond some time previous.. :
Q. Did you have any conversation with Mrs. Suratt
shout the matter? A. I don’t know* sir. . .
Q. Did yon meet Mre. Slader in Richmond? A. Tea*
Q. When? A. LaitFebiuETr. %w -• •
Q. After which. *he was with JohrtH.Suratfc r-Au Yis,
U Q She wait directly with Botttt? A. Idoa’tfcaowv
-
Q. 7 otl don’t Know whether she was .with Mm on tha
2Sd of March? A. jo, sir. .
Q, Do you knowwhat hertrasineESwasln Bictunondr
A. JSo, sir;:! didn’t inquire. ’ .
Q. Ycu only tnowthat ioon after you sawner &i Mrs.
Snrati's. son saw her in Bichm&nd? A. 7. _
Q. What other if your friends did you meet at Mrs.
Surfcit’s? A. I don't knowthat I met any.. _ ~
: Q.. Did you'meet Atzeiott there ? A* I think Atzerotfc
w;
ras there. .
Q Do you know whom lie came to see A. Ido not.
S y. lid you iee thisman Wood or Fayae there? A.
Q of the prisoners hareyoa seen there T
A. iTbinklhave seen two-
Q. What two? A. Afcstroti and Dr BEadd.
Q. Where did you see Dr. Mudd ?.■; A. At Bryantown.
q. Tell us where your aequsintanee first commenced,
with Dr. Mudd t A. I have known Jaim a long while,,
hut I have not lately seen him. '
Q. Did you bring any drafts on him£ A. Ko, sir.
Q. Or messages to him ? A. So,' sir.
q ' Were you ever at his house,:.,. Ae Yes, sir.
Q.. When ? A. Over a year ago.
Q, When coming from or going to Richmond ? A. I
was not coming from Richmond* and had not been
there. ' ‘ '
Q. Hqwsoqb after did yon. jco ? it. Xdon’tlmow. •
Q Bow long did 700. stay wfth.Br.Mo.dd? a. Only
an hour or two. - : .
Q Bid son take dinner with, him ? 80, sir.
Q. Bow. who was it that drewrtfcfse drafts, andnjon.
whom were theydrawn, and - what was their amoaai?
A. I bought one. from Mrs. Mary Surait on her
brother.
Q. To wh at amount? A. Two hundred dollars.
Q. Who else?, A. I bonjht.one from a yooa* aan-
Q. On whom? A. On Ms mother .
Q Of how much? ..A. Twenty-five doUars.
Q. State what diaftsyon received that yon
.A. JSoae of any amount, £x««pt one
•fanner, which I sot money-on to par those parties for
■ *0 d §‘o f ‘vU recollect wlat you paid for the two tEB
SMd-dolTar drafts? a. fttilok 1 paid eight hundred,
tiniiarß'ii ronfedirstc jßjoicyfcr onflliimduid.
■ d ®a! Whkfdralts ad yu* bn« to this city?- A. I never
* ir did yon bring to Baltimore? A. JToiie..
"What drafts, to St Charles county? A. I never.
fal Q. tl li!*v t e l ?oa.acy. cf those drafts here? A, I have.
n< S Q 'What l did,yon do witli them? A* Ideffc themdcwa
in the country. -•>?••
Q Where? A. At my sister’s.
t> What is her name? A . Mrs Idaigley.
Q. And she has stflwithjier that are n.
Q Bme yon ever taken the„oath. of l o o vi®'
United States Government? A So, sir,
By Mr. Ewing: Q. I wish lo.atk. yon yon.
eve£iaw SI Modd show Bryaotown? £,*•>.■ I
hftTt heenabontßryantowna gooddea. before the war„
thcze before *he war? A.
ever at Hudd’s house at any oih*r tih%a
since the wL ?' A. t don’t think! have been, air.
- By Go’obelßurnett; Q You say this conversation
tool place up stai«» between yon and Welshman, and
is his re om? A. Yes, sir,. a portion of it.
Q. Was»aay other perera, present?. ”4 I don’t think
there was. . ... .
<2. How come yon to remember that conversation and
not be able to remember the conversation with Mrs.
Snratt, oransbjdy ebe in the house? A- Well, sir. it
just came to my. mind by, the sensation being no pointed.
Q. Did yon he belonged to any company
for *h6 defence of Washington, and that he h*d a quarrel
with, one of the family on account of bis Union senti
ment*? A. I never htard aworu about U, sir. •• ~.
Q. You didn H 1 now that one of the ladies struck him
in the quarrel, because he wore bine soldiers 1 pants T
A. No, sir, 1 never saw him wea? blue soldiers* pants
Q. Don’t you know that he was turning yon over to
. pick out of 3 on'about your visits to .Richmond ? Don’t
you know he tried to And out what yonr objects were t
A, If he did, he didn’t succeed (Daughter.)
Q. I rather think he did; didn’t you know hebe
longed to a military company here for the defence of
i?&(hioctoc A Ho. sir.
By Mr Aiken; Q* Did Welchman, intbatoonveraa
tion ornoh state that he had done all he could for tha
South? A." Yes, six; but I'can’t recollect the ekact
. words, . . .f• r.: ..-w
Thecourt hereaojQrj-ned to ten c’cloefe on Monday
, moiling. •'