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TUESDAY, MAY SO. lgs? -
Tile Trial of Davis.
, Was ti ß £icii Ctrrnioleof yesterday.]
C It Davis Eb '.il Vepat m trial for treason
In this KKtriet, t!rc cara, in its legal aspects, will
„ t =,.j,’o sinking points of si r.ilarity to tiie ease
of Aaron Eoir, os Ms trial at KMicioad.
Burr was not rrasest at BiesneriiasseU’a Island
aten war was charged to have been there levied, nor
oii'S Tritkin tno state of Virginia, bnt was absent
!r osotbsr State, eema two hundred miles distant,
r; c moictmont, however, charged him witu levying
-,.. r on Bionnorhassett’s .Island; In the district of
with a great multitude of persons to the
■ rend jury as unknown. In other words, It charged
’im as being personatty present at ths Island when
P,c war was thero levied.
On tie trial, after tie prosecution tad mtrodnoed
lie evidence in ile possession relating t> the a 1.......
....... levying or war at Biesneraassett’s Island, the
-snnsol of Colonel Barr moved to exclude all far
;ier testimonv tetdiDg to connect lilm with the
transactions Ml tl.o Island, os an adviser, procurer,
alder o» abetter or laid acts perforincd by others,
St that piece, in Ms absence, la support 01 this
motion Oolorx-1 Burr and ills counsel made and ar-
Kuedthofollow!!'?: points:
Ist- Tha'- Inasmuch as Colonel Barr was not pro
sect at Mlenßsrtassett’3 Island wnen the war was
oliest'd to bars birr, there levied, he ooald not be
implicated in the oriate (If any) there committed,
eveept by virtue of tho c suihion law inaxias that
'■rrbaiever will constitute c man an accessory In
feisev, will make him a principal in treason.”
hi."Thatsaid cnmmovKw nils Is not In foreala
toe United States, Doing oxeludad by our constitu
tional definition of treason.
3d. That, even admittiur said common-law rule
to bo 1» force in this country, still, la order to hold
a person criminally RM«rsMc ior me »«s of others,
committed In hi? ooscr.ce, ho must ha spec.illy
charged In the iartlntmc.it according to the recta.
Thetis t» sny, the Siiiictmsct must show that he
was absent, and must specify the accessorial acts
■nh’ch implies te him it the crime of those who actu
ally levied war, in p*--rion, by appearing in arms
against the UovernDient, at tie time and place
“harued in tho iudicnaest. Furthermore, that he
woula only be indictable and triabl-i in the district
wheie such accessorial .octs were committed.
4tb fiat if the oomnisn-iaw rule which converts
all accessories in t.-eor or, into principles is In fores
in tills country, jet the-gullt .of one who performs
accessorial acts cilv is derivative, and cannot ba
established otberwuc tbu..-- by isuni proof that the
persons whose aetc he is ansseiaine for liavooom
miuod treason, which Bull -proof Dim consist of
nothing ltss than a, tfrov.-! </ Heir cmridiar,.
sth. That the evidence wholly tailed to prove that
any overt act of lerylog war had been committed
cnElennerhsfseit’cTsSend, and honcß no ovidance
could bo received to charge -Jolonel Burr, by r«l».
tion. with an act which bad not been proved te have
bosh committed.
The counsel ior the prosoeuilon did not contend
that the common-law rule above referred to was in
force In the United Si atfS, Bat they insisted that,
it permitted to proceed with ths introduction of
tteir evidence, they would be able to show that
Colonel Bun bail performed such acts as constitnted
a part in the transactions on the Island, relied upon
as amounting to a levying tf war, and so made him
a principal cctor therein, independently of said
common-law rule, although. not personally present
at the island. Titty relied upon the doctrine laid
down by the Snpranis Court of the United states,
in the oase of Bellman and Swarirrout (Ith Oraneh),
IB theso words:
«it is not the intention of the court to say that
no individual can oe snJHy of this crime who has
not appeared in arms against ins country. On the
contrary, if war be actually mrlod, that is, if a body
Of menbe ccturiiy asecoibied for the purpose of effect
ing by force a fresiCKWi object, eK (««*» perform
any port, however i.iiuice or /.owcbm- reviota from the
scene tf action, end »/, ’ we actnvhj leagued in the
general conspiracy, a--c to be considered os traitors.”
They crew r, ttsitaetwa beiwoen snch acts, per
formed by an abcomo!-, as are purely aecessoriai la
their character, (as, lor instance, mereiy adoisirey
and inciting others lulevj war,) and such auxiliary
acts as constitute a port In the war levied by them.
They admitted that be who merely advises, inelteSj
asd Instigates others to levy war against the Go
vernment, without i,ltself performing any overt act
immeciately enoilisry to the war levied by them,
cannot be guilty of wesson under our Constitution,
although he would hi; guilty In England, by virtue
of tho common-law tulo above mentioned. But they
Insisted that, if permitted to proceed with the evi
dence, they would be able to show that Colonel Burr
had done much more thou merely to advise and In
stigate ths alleged treasonable assemblage on Blsn
heihassett-'s Island : that he Sad not only procured
that assemblage, but had actually provided and fur
nished all the turefis to be used by tho Insurgents
in levying and carrying on war ayalsst the United
States. In other words, they insisted that they
wonld be able to prove tha t Colonel Barr had per
formed suctwc.-i acts, immediately onclUary to the
war levied OS the island, as constituted a part there-
In, within the mean'hg of the Supremo Court in the
case of Bollman an i Swartwout, and so rendored
him a principal is the crime of treason there con
summated.
They fattier contended that, if & principal In tic
crime of treason consummated as tie island, is
mast he considered ss kavlig been coratraMvely
presail, and, therefore, was properly charged in tno
Indictment a* if actually present.
These were theprinolpal points dlsoassed, at great
length and with conrammateabillty, In Burr’s oase.
That seme oi the same points may bo raised on tin
trial cf Davis In this Dlstrist Is manifest. How far
the ruling of the Court upon them will tend to sus
tain or to defeat suoh a prosecution ttfil ba seen
from trimt foil owe:
That which, ot itself, would have proved fatal to
prosecution In Burras case was the wist of suffi
dent evidence to prove that any wzr was levied on
Blennerhassett’s Island. After Chief Ju3tica Mar
shall had defined what, In the opinion cf the Court,
was necessary to constitute a levying or war, Mr.
Hay,‘the United States Attorney, frankly admitted
that u tho evidence of tho transactions on Hlaaeer
hassett’s Island did not come up to the constitu
tional crime of levying war,” as defined by the
Court. This was, of oourse, fatal to - the prosecu
tion, even if all the other points raided and dis
cussed In the case had been decided in Its favor.
I?o such difficulty can arise, however, on the trial
of Davis In this District, Inasmuch as a bloody
battle was actually fought within the bounds or the
District. In July, 18G4
Celef Justice Marshall, In Barr’s case, carefully
abstained from committing himself conclusively
on the question whether the common-law rule that
whatever wIU render a-mao an accessory in folony
will make him a principal la treason, wa3 in force
as a part of the law of treason of this country ; but
at tho same tlino ho very cleaily indicated his opi
nion that it was not. He adhered, however, to the
position taken In the case cf Bellman and Swart
wont, that when v.-a? is actually levied, for a trea
sonable purpose, any one vho, being leagued la the
general conspiracy, performs any overt cot consti
tuting Apart therein, “ however mSruto 0? however
remote from the scene of action,” is guilty as a
principal traitor . And he gave this illustration of.
what character c<f auxiliary acts would, In his
opinion, constitute i: a part” In a war levied at a
*1 remote” place:
« There is ro difficulty In affirming that there must
be a war, or the crime of levying It cirauotexiat: but
there would oit&D he considerable difficulty in affirm
ing that a particular act did or <1 Id n >t involve the
person committing it In tho mtilt and in the fact
of levying war. If, for example, an army should be
actually raised for the avowed purpose of carrying
on open war egainst the United States and sub
verting theJrGoversment. the point must oe weighed
very deliberately before a would venture to
decide that an overt n.n nf levying war had not
been committed by u e u«tnl?2s.ry of purchases, who
never saw the army, buc who, kuowi«glcs object,
and leaguing himself with the rebel?, supplied that
army with provisions j or. by a rccruitiog officer
holding a commission ip. the robs! service, who,
though never in camp, executed the particular duty
assigned to him.”
If such acts as arc here mentioned, performed at
a place “remote” from the tceno of actual war,
will Implicate the person performing them “lathe
guilt and In the fact of levying war,” it maybe
safely assumed that sufficient evidence c-in ba ob
tained to implicate DlvJs as a prirclpal aster la the
war prosecuted is this District in July, 1864.
Chief Justice Marshall hold, however, in Burr’s
CSte, that even ff an Unquestionable aofc of war had
been committed on Bienaerhass&tt’a Island, and U
Burr had performed, in Kentucky, or la any other
place “remote from the scene of action,” overt acts
constituting a pa.it in that war, a till the evidence
of his auxiliary acts would not havo been ad
missible under the indictment, because it charged
him with being personally present at the island. Ha
did not ascent to the duetrmc contended for by
the prosecution, that Burr could bo considered con
structively present , when, in fact, he was some two
hundred miles distant (Vein, the place where the war
was alleged to have bjtn levied.
He therefore held that in order to let In any evi
dence cf Burr’* auxiliary aots, performed at a
great distance from the scene of hostile demonstra
tion, the indictment siiculd have baozi special. show.
Ing that he was sot actually present, and specify
ing the auxiliary acts which implicated him In the
crime of those who actually appeared ia arms
against the Government. To obviate this difficulty,
encountered by tho prosecution in Barr’s case, it
would only be necessary to frame the Indictment la
accordance with ttcviewg expressed by the court.
Chief Justice Marshall held, in Burr’s case, upon
the authority of English wxt books and adjudica
tions, that where an acceipory in treason becomes a
principal coloiy in virtue of tho comrikm-Jaw rule
that “in treason all are principals,” his guilt can
only be legally established by a record of the con
viction of some one or more or the immediate actors
who were present at the place Where the crime was
.consummated. Bat if Davis can fcn implicated as a
principal in tho crime of -tr-asaa consummated In
this District in July last, independently of said com
mon-law rule , It Is clear that the objection that no
one of. tH Immediate actors Lad been previously
convicted would not be tenable In itis case, And 15
.! a f. y^een / il0 ’ ?ri tUat lf implicated at all, It
2s not In virtue or said commor-ia w rule.
We Uilßk It has bom suiaoiontiy shown by tho
foregoing that tho points rutai ag., i:ia t tbo prosec*
tlon In Han’s csss „ M <s D4t ™b,. ms , thfl '
fflon IS the case cf Davi?, shoald he ns put np#n Ws
trial for treason In this District. Tie proof ol an
actual levying of war in the DL-rriot is ample. It
will certainly not bo very difficult to prove that
Lavls performed, at Rlohniond, acts Immediately
ancillary to fluid war prosecuted in the District;
3j»eh acts as, within the meaning of tho Supremo
Uourt, ia the case of Bollman and Swartwout, con
stituted a part in gald war. The indictment can be
so framed as to obvJato the objection which existed,
jn Burr’s cose, to the admission of evidence of aux
iliary acts, peiiormsd at 2. distance. In faot, we
Wttttft&dthat the indictment sow ponding has
TOL. B.—NO. 259.
been drawn with reference to obviating that objee
tion. •
Thero is, as wo conceive, but one really debatable
question which can arise on the trial Of Davis for
treason In this Dlstriot, providod the prosecution
shall be rkUlfnlly conducted. That question is the
one wMch we noticed In our Issue of last Saturday
morning, Viz: whether ho who performs suoh acts
ancillary to a war levied at another and remoto
place, as will constitute a part in tho faot or levying
war, is liable to prosecution In the dlstriot where
the war is actually levied, or only in the dis
trict where ho performs such ancillary sets-
In support position that he is liable
to prosecution In the place where the war is actu
ally levied, though rot present, wo prlutod, on
Saturday, some forcible arguments' In the form of
extracts from tl-e “notes” of our follow-citizen, .1.
j. Ooombe, E-q., appended to Ms roocntly pub
jishad work, “The Trial of Aaron Burr,” ha. We
commend this work to the attention of all who de
sire dearly to understand the questions likely to
arise on tho trial of Mr, Davis. Wo aokaowledge
ourselves lndcdteu to It, mainly, for the substance
cf this artiole.
AMESTI PROCLAMATION m
PRMDMT MlimL
THE MTU OF ALLEGIANCE PBESCRIBED,
List of Excepted Rebel Officials, Civil
and Military.
By ike President of fcke United States of America.
A PROCLAMATION.
Whereas, Tbe President of tda United States, on
the Bth d*y of December, A. X). eJgUteoaf' hundred
nnd sixty-three, and or the ildtli d*y Of JMCaroii, A.
D. eighteen hundred ard sixty-four, did, with cho
object to suppress tho existing r&beillon, to ladace
tili poMon? to return r;1 their JoyaHy, and’ to restore
tbc authority of tho Str.t*js ? wane pi’oolsm.v
tioos olitiiicg c.;>ir.eity and pinion to conaln
sods who had £ir?cilyor by implication parsicipated
In the said rebellion}
And whereas, 3Xar»y persons who had so
In said rtheiiloD have, since sho iaso&aea of
proclamation, faiic-l or neglected to take tho bene
fits offered thereby;
'And whereas, Many persons u'ho have boen justly
deprived of ail claim, to amnesty and pardon thoro
under, by reason of their participation, dlractly or
by implication, In said rebellion anil continued hos
tility to the Government of tho United States since
tho dat© of s*id proclamation, now desire to apply
for r.rni obtain amnesty aud pardon 5
To tho end, therefor©, that tho aulhoriby df the
Government or tho United Stakes may bo restored,
and that peace, order, and freedom may bs estabUsh
ed, I, Andrew Johnson, President of the United
States, do proclaim and declare that I her&by gr Ant
to all parsers who have directly or Indirectly p ir
cipated sn tne exisuflg rcDeMioa, oxsept as herain
altor excepted. p.iur,esiy ami pardon, with restora
tion of aiirurJiis 01 ptoneny. exespt ai to slaves,
and excauv, m cares wnoiQ ln«al procedlags undsr
tb© laws 01 uic uatced Starts provldinjc for the con
fiscation 01 pzxreriv 01 persons eßßaucd in rebel
lion hrwi s c t upon the oomnuon.
nevflrthe/csff. mr. overvsuOh person shall take and
subscribe so in® louowmn oath or affirmaticn, and
thenceforwaju Keen and maintain said oath In
violate ; ana winch oasa, snau be registered for per
manent preservation, and shall bo of the tenor and
efi'eet follower, uo wit:
I do solemnly swear or a/firm, In the prosanco of
Almighty God, that I will henceforth faithfully
support, preset, and defend the UoaatUuMea of fbo
United States anti tho Union of tho States there
under, and that I will, in like manner, abide by and
ihitbiully support all laws and proclamations which
have been made during the existing rebellion whh
reference to ths emancipation of slaves, S) h»Jp mo
God.
Tho following claeses of persons are escoptedfroa
the benefits of tills proclamation: v
Fir tit. All who arc or shall have been pretciried
CSvil oVdiplOm*vtl.'} efflsers, or otUaußriSO domestic or
foreign agents of the pre Cendad Uofifador ftta Govern
inont.
Second. All who left judicial stations under the
United States to aid the rebellion.
Third. All who ehe.U have be&n xiHtary' i or naval
officers of said pretended Confederate Government,
above tho rank of colonel in the army or nontenant
in the navy.
Fourth. All who 1 eft seats in the Congress of the
United States to aid vhe rebellion.
Fifth. All who resigned or tendered resignations
of their commissions in tho army or navy of tae
United States to ovs.de duty In resisting the rebel
lion.
Sixth, All who have oagaircd in any way In
troa-iiag otucTv.i«o than lawfully, as prisoners of
war, persons found iu the United States sorvtce, as
Office??, solders, seamen, or ia other capacities.
Seventh. All persons who have been or are ab
sentees from its United States for tho purpose
aitfin?*- tfce job^llioa.
£?ithth. AU mUitary and naval officers in the
re&ei'scrvlee who were educated by tho Governmaut
in the Military Academy at West Point or the
United States rfcy&l Academy.
Ninth. All persons v/ho hold the pretended offi
ces of Governors of States in Insurrection against
the United States.
Tenth. All persons who left their homes within
the jurisdiction asd pm&cUoh of the United States
and pasted beyond tho Fedora! military linos Into
the so-CAlled Uoiifedeiate States fur the purpose of
aiding the rebellion.
Eleventh. All parsons who have been
In the deetmcitoa cr the commerce of the United
States npon the high seas, and all persons wao
have made raids into tho United states from
Canada, or been engaged in destroying the com
merce of tuo United States upon the lakes and
rivers that sepasate the British provinces from the
United States.
Twelfth. All parsons who at the time when they
seek to obtain tho benefits ho roof by taking ths oath
herein prescribed are in military, naval or civil
confinement or custody, or under bonds of the civil,
military or naval authorities or agents of fcki
United .-States as prisoners of war or persons detain,
ed for ctfences of any kind, either before or aftor con
viction.
Thirteenth. All persons who have voluntarily
participated In said rebellion, and the estimated
value of whoso taxable property ia over twenty
thousand dollars.
Fourteenth, All persons who have taken the oath
of amnesty, 03 pre&cribsd In tiie President's pro*
clamatioa of December Bth, A. D. 1863, or an oatn
of allegiance to .the Government of the United
Stales since tho date of said proclamation, and who
have y.ot thenceforward ksot and maintained the
same inviolate. Provided, that special application
may bo made to the President for pardon by any
person belonging to the excepted classes, and such
clemency will be liberally extended aa may b 3 con
sistent with the feet* of the case and the peace and
dignity cl the United States.
The Secretary cf State will establish rules and
regulations lor sdmiuisteilng and recording the
said amnesty oath, so bb to insure Its benefit to the
people and guard the Government against fraud.
In testimony whereof I have hereunto set my
hand and caused the seal of tho Uuitod IS tales to be
affixed.
Done at the city of Washington, the twenty
ninth day of May, in taa year of our Lord
e, ) oca thousand eight humlrod and sixty-
) L 8, < five, and of the indeftenilenoe of the
wv-~ United states the eighty-ninth.
, ANDREW JOHNSON.
By the President:
William H. SBWA.un,
Secretary of State.
Wo append to this most Important document the
two nuncs-.y proclamations which had previously
b;enissued by the late President, on December 8,
1803, and March 25, 1854:
Washington* Doc. 8,1553.
PROCLAMATION.
Whereas, In and by tho Constitution of the United
States it is provided thit the President shall have
power to grant reprieves and pardons for offocces
against tlie United. States, except In oases of ia
peachiaecs; and whereas, a rebellion now exists
whereby the loyal State governments of several
States havo, f«r a-long time, been subverted, and
many persons have committed and are now guilty of
treason against, the United States; and wnereas,
with reference to said rebellion and treason, laws
have been enacted by Congress declaring forfeiture
ard confieoaUvn of pope-rty and liberation of slaves,
all upon turns and conditions therein stated, and
also declaring that the President was thereby autho
rized, at any time thereafter, by proclamation, to
extend to persons who may have participated in the
existing rebellion in any State or part thereof oar
den and amnesty, with such exceptions, and at such
tUucF, and on such conditiuas as ho may deem <si
pedw-nt icr tho public welfare; and
Whireae , Tho Uonglt-EMOli&l declaration far limi
ted and conditional pardon accords with.>>ol\ ©3-
tablisltd judicial exposition of the pardoning
power; ana
Whereas, With, refeiencc to said rebellion tho Pro
rfOewt of tbe United Scates nas issued s ever a! pro
clamations with provisions 12 regard to the llhara
tion of slaves : aud
P» 7 ft€>x*nA, It zb sow dOrlred by some persons here
tofere eegsged la said -ebelUonto resume their alle
gjoccc to tho United States, and to relnaagurMe
tlvc ;
Z, Abraham Uincoln, Presldont of tho
United States, do proclaim, declare, and make
known to all persons who ha directly, or by im
plication, participated in tho existing rebellion, ex
cept SB bt-relcaAer excepted, that a ffDLL PAlsrtON
le ht-roby granted tfl tbwiljaofl aaoh or them, wisu
tfce restoraticn of ail rights of property except 43 to
slaves, and Ju properly eases when the rights of
third parties shall Lave Intervened ; and upon the
condition that every such person shall take and sub
scribe an oath, and thosetzorwaid keep and main
tain said ortth Inviolate; and which oath shall be
registered ter permanent preservation, and shall be
cf the tenor and offset following, to wit:
“I do bcloronlv awoar, in the presence of Al
mighty God, that I will heßOoforth faithfully sup
port, protect, and defend tho Constitution of the
Dnitiu States amt tne Union of the States taoreuu
dor; and that I will, in like manner, abide by and
. iMttduily; support all aetz; of Oongreflfl nassed during
tho eMsttog robtdij.cn with reference to slavery, e->
so tot as not rcppfciwd, modified, or held
void by Cvagiess, or by cIacUIODS of the'Supreme
1 will, in like manner, abide oy and
i3.ltiiluijy j-uppott ?.ti yroclamattonsot tiiePrc&iJent
mace dunav the cxisticg rebellion having refownce
to siaveti, so lotj; and so far »3 not modified oa de
clared veld hr tt.o dcczsioa o! Bapromo Court, so
help mo Gcd.” *
The perconfl excepted from the benefits of tho
forrgolt-g previsions are all who are, or shall havo
been, civil cr diplomatic officers or agonts of the so
called Confederate Government; all who havo left
judicial statiOJ-S under the United utates to aid tho
'rebellion ; all who are or shall havo been military
or naval cfftcers of said Confederate Government
above the rank of cclonel in tho army or of lieu
tenant in tho navy; all who left ssata in the
United States Gcngie&a to aid the rebellion; all
who resigned their commissions In the array or
navy of the United States, and afterwards aided
the rebellion ; and all who have engaged in any
way in treating-.colored persons, or white per
sons, In charge of such, otherwise than law
fully as piisonois of vrar, and which parsons
may bo P-und in tfco United States setvlca as
soldiers, seamen, or in any other capacity, .lud
I do father proclaim, declare, and make known,
that whenever In any of the States of Arkansas,
Texas. Dtuidana, Mississippi, Tennessee,.Alabama,
Georgia, Florida, south Carolina, and North Caro
lina, a Dv-uibcr or parsons not less than one-tenth in
number of the vet* o&st in such State, at the Presi
dential election of the year of our Bord I 860; each,
'having taken tho oath aforesaid, and nos hav
ing' since violated it, and being a qualified
voter by tho election law of the State, exist
ing Immediately before tuo so-called aefcofsecos
s on, ar<i excluding all others, shall establish,
a state Government which shall be republfcin,
end in no wi-ft contravening said oath, such shall
be tecrfcD'/.ed the true Government of tho S«ate*
ard tb& Bfc?ul receive thereunder the benefits
of tto constitutional provlshra which declares that
the United states shall guarantee to every State in
tbi« Union n repubiiean form of government, and
stall protect ca.rh of them against invasio'’. and, on
application cf tho Legislature or the Escoutlve
v/fion the LiCuifciaiure cj’imot be convened, against
domestic violence.
And 1 do further proclaim« declare, and make
known, that any provision which may be-adopted
by such. State go vernment in relation tc tbe freed.
iiwiiwwiriirsfliaw^ws
people of suoh State, which shall recognize and de
clare their permanent freedom, provide lor their
education, and which may yet be consistent, as a
temporary arrangement, with their present con
dition, as a laboring, landless, and homeless class,
will not be objected to by the National Executive.
And it la suggested as not Improper that, in con
structing a loyal State government in ar.y State,
the nome of the State, the boundary, the subdivi
sions, the constitution, and the general code cf laws
as befot© the rebellion be maintained, suojoct only
to the modifications made necessary by LUG condi
tions heretofore stated, and such others, U any, not
contravening the said conditions, and which may
be deemed expedient by those framing the new
State government.
To avoid misunderstanding, It mav be proper to
say that this proclamation, so far as it relates to
Stato governments, has no reference to the states
wherein loyal governments havo all the while boon
maintained. .
And, for the same reasons, it may be proper to
further eay that, whether members of tvoagresa
from any State shall be admitted to their scats con
stitutionally, rests exclusively with tho rospaotiVB
Houses, and not to any extent with the Executive.
And still farther, that this proclam&tlivn is intended
10 present to the people cf the States wherein the
national authority has been suspended ana the
.State governments have bson subverted, a mod*
bv which the National authority as it loyal state
government may be re-established within the silil
States or in any of thorn 5 and while t.Uo mode pre
sented is the best the Executive can suggest with
hfs present impressions, it must not ba unde’stood
that no other possible motto would bo acceptable.
Given utfSer my hand at the city of Washington,
the eighth day of .December, A. 1). one thousand
eight hundred and sixty-three, and of the Indo
tevdcnco of tho United States of America tho
eigbty-elghth- Aouahaxl Lincoln,
By the President:
Wai> 11. Sbward, Secretary of State,
Washington, Marsh 2S, 18G4.
B 7 the President of the United States,
Wi-ibruas, It has become necessary to define the
c&ecs in which insurgent enemies are entitled to the
benefits uf the proclamation of the President of the
United State?, which was made on the Bth day of
December, ISH3, and fchß manner fn which they shall
proceed to avail therutelvta of their benefits.
And zvhereas, the objects of that proclamation were
to suppress the insurrection and to restore the au
thority of the United States.
And uhercus, the amnesty therein proposed by the
Prondent was olicrcd with reference to these objects
alone.
N.->w, therefore,'l, Abraham Lincoln, President of
the United Staioß, cj-< ncraby proclaim and declare
that the Said proclamation. ltO£S not apply to the
cages of persons who, at the time when they s©sk to
obtain ths benefits thereof - , by taking tiie oath
thereby pretcrloed, are In military, naval, or civil
confinement or custody, or under bonds or oa parole
oi the civil, military, or naval authorities or agents
of th 6 United States, as prisoners of war, or persona
dtfiateed for oftVnceaoi any kind, either before or
alter conviction; and that, on the contrary, It does
applv ot-ly to those person? who, being at Urge and
nee from any arrest, crnfinemsnt, or duress, shall
voluntarily como forward asd take the raid oath,
with the purpose of restoring peace and establishing
the national anlliti'liy.
Prisoners excluded from tho amnesty offered ia
the f-bio proclamation may apply to tbe President
ter clemency, Uke all other offenders, and their ap
plications will receive duo soaslderatton.
I do further declare and proclaim that tho oath
•prescribed in the aforesaid proclamation of the Bth
of December, JS63, may betaken and subscribed to
before any commanding officer, civil, military, or
naval, in the service of the United State?, or any
civil or military officer of a Stato or Territory not
iu in£un.*c‘ii'/E, who, by the laws thereof, may be
qualified for administering oaths.
All officers who receive such oaths are hereby au«
tfit'rSKid te give certiflcfttes therein to the person.?
respectively by whom they a T e jrace, end eueh offi
cers ato herebv required to transmit the orluiual re
cords of such oaths at as early a day as may be con
venlent, to tho Department of where they
v.’ili bo deposited, aid remain in the archives of tho
Government.
The £ecrct??ry of State will keep a register there
of, sc<! will, on application in proper eases, issue
certificates of such records Sn the customary form of
cfficifci certificates.
In testimony whereof I have hereunto sat my
baud and caused the seal of the- United States te bo
affixed.
Done 'a*, tho city of Washington, the ttrsaty sixth
dj,y oi March, Iu the year of our Lord thousand
eight hundred ur.d sixty-four, and of tho Icdepen
dtuce of the United Stateß the aistety-elehtb,
Tl. b.} ABRAHAM LING JLN.
tit the ProsfooT;t :
Wm. H* SRTVAHP, Seoretary or stata.
REeS«ASJZiTIOS PROCLAffiITION
THE REORGANIZATION OE NORTH CAROLINA.
By the iYcEidentoftho United States of America,
A PI! OOLAMAT IQ N.
Whereas, The fourth reetton of the fourth article
Oi the GcjvfitHut/On of the Unltad States declares
that Ibe United Status shall guaranteo to every
State iu tbs Union a republican form of govern-,
ment, and • shall pntccU£aehof them against iava
tioii end domcctic vioieinra 5
And. whereas. The Presidoct of the United States
is, by the Oonsiiution, made Gommander-in-Chlof
of the army and navy, as well as chief civil execu
tive officer of the United States, and by solemn
catb faithfully to execute tho cilice of Presldsut of
the United StAtes,&n<i to take care that tho laws be
faithfully executed;
And whereas, The rebellion which has beon waged
by a portion of the people of the United States
agaiDst the properly constituted authorities of tho.
G-ovoiLKient thereof Sa the most violent way and
revolting from, but whose organized and artacd
forces have now been almost entirely overcome,
has, In its revolutionary progress, deprived the
cf tho iit&te of Noft-ii Carolina of an civu
goyeremont;
And ivkcrais, It becomes necessary and proper to
c*rry out and enforce tbc obligations of tbe United
States to the people of North "Carolina, In securing
them in the enjoyment of a republican form of
government;
Now, therefore, Ia obedienoe to the high and
solemn duties imposed upon mo by the Constitution
cj tbc Uttted States, and for the purpose of one
biicg the loyal people of the said State to organlzo
a State government, whereby justice may be es
tablished, domestic tranquility insured, and loyal
citizens protected in all their rights of life, liberty,
and property.
1, Andrew Johnson, President of the United
States and Commander-In*Chief of the array and
navy of the United States, do hereby appoint Win.
ViT, Holden Provisional Governor of the State of
North Carolina, whose duty it shall be, at the
earliest practicable period, to prescribe such rules
and regulations as may be necessary and proper
for convening a Convention, composed of dele
gates to be chosen by that portion of tbe people
of said State who arc loyal to the United States,
and no others, for the purpose of altering or
emesdlcg the constitution thereof, and with au
thority toexorclse within the limits of tha said State
nl! the powers necessary and proper to enable such
loyal people of the State of North Carolina to ro
ster* the said Stato Jo its constitutional relations to
the F t deral Government, and to present such a re
publican form of State government as will entitle
the State to tbe guarantee of the United States
therefor, and Its people to protection by the United
Smtes against invasion, insurrection and domestic
violence.
—. . . • 1. ■ ... . . . . J. L V l
Provided, that in any election that may be here*
cfier held for choosing delegates to any state Con*
venttesi as aforesaid, no person shall be qaaltficl as
Bn elector or shall be eligible as a member of such
Convention unless ho shall have previously taken
net! subscribed the oath of amnesty as set forth in
the President’a proclamation of May 2&lh, A. D. 1865,
axd is a voter qualified as prescribed by the Const!*
tut ion and laws of the Stated North Carolina in
force immediately bofore the 20th day of May, A D»
1861, the date of the so-called ordinance of secession.
And the said Convention, when convened, or the
Legislature which may be thereafter assembled,
will prescribe tho qualifications of electors, and the
eligibility of persons t.o hold office under tho Con
stUottcn and laws of tho State, a power the premia
oi tie several States comprising the Federal Union
have rlahtluHy exercised from the origin of tho
Government to the present time; and Ido hereby
direct:
‘First. That the military commander of the Da
panment and alt officers and persons in the mili
tary and naval service, aid ana assist the said pro
visional Govercor in carrying into effect this pro
clamation ; and thoy are enjoined to abstala from
in any way hindering,.lmpeding,ordiscouraglcg
the loyal people from the organization of a Slate
government ps heroin authorized.
Second. That the Secretary of State proceed to
put in force all laws of the United States, tho ad
ministration whereof belongs to the State Depart
ment-, applicable to the geographical limits afore
said.
Third. That the Secretary of the Treasury pro
ceed to nominate for appointment assessors of taxes
and collectors of customs and internal revenue, and
fuesh other officers of the Treasury Department as
are Siuthorisod bv law, and put in execution tho
revenue laws ot tno United states within the gso
giap.Uical limits aforesaid. In malting appoint
cents, tho proferer.ee shall be given to qualified
'loyal peisc.Ps rei>id*ng within tae districts where
their mpe-otive duties are to be performed; but If
tuu&bie legjriejtts of the clstricts BaaU not be found,
then pexsoLfl residing in other States or districts
Eli aIS be appointed.
Fourth. That the Postmaster General proceed to
establish pm routes and put into execution the
postal laws 0! tho United States wltbis the said
Stale, girlsg lo the loyal re&ldcnts tho preference
cf flppointxrittit 5 b??t sf suitable residontS arc not
found, then to &ppolnlagtrts 5 &e., from othcrSfcates.
Filth. Th«t tho district judge for tho judicial dis
trict Jn which North Carolina is Included proceed
to hold courtfl wHLId the said State, in. accordance
with tho provisions of the act of Congress. Tho
AltOJPby General wifi instruct the proper officers
to libel and b?*z»sf to judgment, COZiaBCatlOß, ana
sale property zubject to confiscation, and enforce
the adruisistrrtlten. U justice within said State ia all
ftatlors withffi the cognizance and jurisdiction of tho
revoial courts.
Sixth. That the Secretary of tho Navy take pos
ccesloxi of all public pr-.-psriy belonging to the Navy
DfpartmoDt within the said geographical limits,
:tnd put In operation ail acts of Ccsgwss iu relation
tu r.r.vcl liaving opplloatton to tho said state.
Seventh. Tnat the Secretary of tho Interior put
<n soree the i&ws In rolatinn ‘to the Interior Depart
applicable v</tb.c aforesaid.
In testiuiony wheroof 1 have hsreunco cot my
herd p.nd caused the seal of the United States to be
uffiacd.
Done at Iht city of ZVashinglon this twenty-ninth
t \ day of Slay, in th© year of our Lord one
jj. h. [ ihr-übci’d eight hundred nod sixty five, and
iw.-w.) of the Zndopendenea of the United .States
tho elghty-nSMii, ANDREW JOHNSON.
By the IVeiident:
William H. Sjswauu,
Secretary of State.
[Epoci&l Eespatehe* to Tho Pre^B.3
A letter from General Wilson to a friend In
Washington, dated May 13th, from Macon, Georgia,
states that Jeff Davis’ attempt to escape Ia
wercan’e clothes was even more ignoble than at first
supposed. He was clothed in the dress of his wife
by Mrs. Davis aud Miss Howkll, and they put on
his hosd a woman’s ho&d-dress, and load him out,
each holding an arm; when, in trying to paes him as
lira poor old mother, his boots were scon by the
men, and the disguise discovered.
It is understood that, by the authority of the Sur
geon General, Secretary Sjswabd’s right arm,
which was broken by the fall from his carriage, waß
yesterday released from the bandages In which It
has been confined since the fracture, and that the
Socretaiy male the first use of his hand in counter
signing the President’s proclamation of that date-
Some of the troopß are being paid off to day, but
the larger number will be mustered out, and sent lu
detachments to districts where paymasters are lo
cated, in order to rooeive their pay.
It is-rumored that Major General H. Thomas
will be placed in command of the Department of
Virginia,
P3OOBAMATIOST.
OE
PRESIDENT JOHNSON,
WASHINGTON.
WAsiuMGToif, May 29,1885,
SECRETARY SEWARD.
PAYMENT OP THE TROOPS.
DEPARTMENT OF VIRGINIA.
PHILADELPHIA, TUESDAY, MAT 30, 1865.
THE TRIAL.
MORE TESTIMONY FOR THE DEFENCE
The Veracity of the Government Wit-
nesses Strongly Assailed.
BTATEKEST Of MRS. SIiKITT’S COUNSEL.
Von Steinaker Called a Deserter, Horse
thief, and Swindler.
DR, MUDD AN INJURED MAN,
His Anxiety to Give liiformnliou to the Go
ycKimsnl Checked Ly Fears
of Assassination.
ATTEMPT TO DISPROVE FATSES
IDENTITY.
Tine UelieE Cos*clave in Canada.
HOW SEE YEIACW FEVER CLOTHING PLOT
' WAS WORKED HP.
■WAsnrsreTOH, May 23.
After tho resdlrg ort.be previous
Mr. Ciampitt, on behalf of the counsel for Mrs.
Suratt, read a paper, as follows:
Mary B. Suratt, one of the accused, ia asking for
tbc recall cf Henry V?i* Signaller, a witaees for
ih» prosecutfoD). through be? counsel, that, ia rb
gerd to tno said Stelssuhcr, sbe proposes to prove
the breaking oat .of feu® war, he
was a member of General sUU, serving
lu the capacity ef a topoarapbicai. engineer officer;
that while unocr senteoca of death at or Uuav
tcrland, for attempting to desert t,o tbe euemy; that
is or about the month of May, lSt2, h& juado a se*
cond attempt to derert, with bettef and
entered the itees of General Iccboden’s eoiuraand,
of the so-called Oouiederat© State?, tu or about
the month of May, 1893, scattered between Win
chester and Roamey, Virginia, end that most
cf tho time irom that date till May, 1803,
JiQ T?6S &B ft draughteman by M»j->r
General J. D. e. Stuart, of the so-called Confede
rate army ; that iu May, 18G3, the Bald Steinalte?
voluntarily joined Company it, of the Second Vir
ginia lafftntry, as a private, end drew pay, bounty,
clothing and the usual allowances of a private su*
dlfcr. and »hat be wes derailed an &u ftgslstaut to
Captain Oscar HericU?, &a-engineer-officer cf the
staff of Major General 3£d ward Johnson, of the su
called Confederate States Army, asd remained with
Dim during tbc Pennsylvania campaign of that
year, an<i that la travelling over Swift Kan Gap ho
tad no company until be arrived near Obaacelicr
ville. where he foil in with Assistant Scrgeoa Mo-
Queen, of the so-called Confederate States Army,
and two other gentlemen In tald ssivlco; that ho
novor ranksd in taid service as an engineer officer,
or recrivi-d the pay of on© ; that be was frequently
Jn the guardhouse for shooting or threateutog c»
shoot nogioee Ghargtd with piloting United States
troops Deer Mine bun, and other serious
charges ; that ho stole snonlaa which ware placed
in his charge; that he stole a horse irom L?eu
tecsct David H. GockeriU, Of the Second Vir
ginia Infantry, and was tried by court-martial
for tho same and found guilty, and that soon
alter tbe spring campaign of ISS4, he stole some
clothing near too north of Richmond, and ©soaped
to Winchester, Virginia, represser,tlog himself as be
ing in charge of the dead body of Major Henry K,
Bougie?, assistant adjutant general on Gen. Joh:>
scu : s staff, who la. now present before this court,
alive tad well: tbst fc;- never saw j. Wilkes Booth,
tiie actor.- m VwglDi*, or at tbe ©amp, at &»7 time?
of tu* £d Virginia Rtgiment of Infantry, and that
no fueU JUteting Of (Jonfolerato officers as he spoa-ks
of in his testimony aver took piaso. where the piaas
for the atutsSnatiou of Pi’«&ident Dlnooin wore dis
cusser.
By her conns:!. (Sighed)
Krveedy Jouysosr, o
Fbiad. A. Aikkn,
.T. W. otAmrr.
Advooßle Hclt said that lie wee not informed
where iho witness was, bot ha was perfectly willing
IhbthQ sbou.d ba recalled if found.
<jex<ral Wallace iyqumdwhether fheJa-Irro Advo
te iad ftvt? deciineu. or icfusol 10 Issue tiio proper
&uniD:.oijC for the rfapptaiacai) of xb.e witaess ?
Judee Advocate Hcut ea ! d thnt he Und cot. but, on the
cc-utrary, had Bigniftsd hie desire to secure his atteau-..
s&ce.
Geuerftl Wallare said that he made the Inquiry for the
purpose, if toe Judge Advocate had sev*r refused to
summon the w-fiue««, of ebjeetins to putting each a
pacer ae that upon tho record „ ,
Mr CJamirtte called eitention to the faot tna? no al
legation bud been made that the proseeaUca bad re
futed iu call the witness ' , .
General flue ter said that tho decision of the court lftftt
was that if tie de/eate desired Foa Sicicaher
every effort should be made to recall him.
Hr. Bh&in replied that the defence did not wish him
called as & wnueis for the deence; whon upjn ths
stand he was not cross-or amined. for the reason that
the defence knew nothin* about him.
General Hunter inquired i( anything was known of
his Stefo&ker’s) whereabouts-
Hr. Aiken eMd that ail that was known of Mm was
broufiht here after his having been released from ?ort
ttriaware, and he bad now gone, no one kasw w/sore.
Juaae Advocate Holt asked by whom the paper just
I>res.enud had b;en fiifned.
Hr. Alfeet t-Lid it had been signed hr the counsel for
Dve. Suiutt, and would be supported by Major General
Edward 'Johnson, formerly of the Oonfedorato arm?,
who present »b a witness and by members of his
staff. .
General Wallace. I like to know for whichone
qt the prjfiouejfc that pape • 1< consider**! s&cussary-
Mr. Aikfrft. For Mrs. Surratt; and it has a barring,
in a degi>e upon all of them.
General Wallace. Will : the genU©mau please itate
tb* connection of tfesst p*p*r wi;n Mrs. Sarcutt’s ceio?
Mr. Aiken. The connection. as we oiuterstoodH, is
simply tbi» : We wish to prove 4Vat Mr. Biota was
sot ia Virginia at tie time stated by Vou Stoiaakir;
that in* inch meeting of Confederate officers. ashoai
lfges, took place; that no plane tor the araasrinatioaof
Frewdrnt Lincoln. were discimed. I think the lau-
Euegvuaed by tho wltneaa was that one o' the officers
told Mm Lincoln most “*o up the spoutthat, so
far as they were concerned, ttu officers in the camp of
the Second Virginia Regiment were not aware ot any
each plan; that they did not cee Mr. Booth in that
camp, f.xia that if any each plan to atsasMnats the P-e
-sident did *xUi, Mrfi. fcarrMt had no connection with
it-, and anew nothing about it.
Judge Advocate Hoit &aid, it is not neceisary to recall
the Wjtnsf s to provo that.
Mr. Aitreo: We pVopoee to call the witnesses here as to
whether they wiuld oeltev© Yon Sfceinake? on ina oath.
Judge Advocate Holt said that he was willing to ac
quiesce in th* application, bat re wished the court to
consider whether a paper taoh-ae the cna which had
been rer.d, eo scringed; fata at or y in Us character,
should to ajiowt-d to go upon the rscords, when really
it wat* the »a*iß of no application which has not been
ccntiderfd 3nrf granted.
General Wallace. I, for ray part, wish to say now
that 1 uncexaiand distinctly, and hold in vary supreme
contempt, each practices &h that. It is very discredita
ble to the parties concerned, to tbe attorney, and, if
permitted, Sa myjndgment, will be discreditable to (he
court.
Mr. Clempitt. May it p’easa the court, Ido not desire
mndiz-gjn a petition teat would be doing anything
that WGUId reflect upon the counsel in the degree that
a member of the court has spcfcep, hat I aaacrn'ood
my position May it please ihe court, av oao of the
coor.tel fot* Mrs. Snratt, we are here staullng
within the portals of ibis constituted temple of jus
tice, and here for the purpose of defending the Tory
citiufci of life, and we foal in to bs our dnty to uso every
t-xeriion in our power, consistent witb forms that ob
thin before a court, to impaach and destroy the testimo
ny of any witness whose testimony can properly be
impeached and wc do it tor the purpose, ifposaiblo, of
anie’dina the accused. It is. at the ease time, *OOl
bcunden duty, and on obligation that we owe to our
client, that we should spread before tha court the cha
racter ol the witness on the part of the prosecution who
has made this explanation. I hope it will be satisfac
tory to (he court. , ... ...
General Wallace. It ia not satisfactory to me, for the
reason that he has in no instance been denied the privi
lege which he has sought by that paper.
G.ntrai Howe, Keiiher has ha shown any connection
of the paper with the case of his client.
Mr. Aik«m. The Jadge Advocate has statrd that if
even fetein&ker could te reality found he had no objec
tion to bie recall, ("here seems to baa misunderstand'
ing, however, in regard to our asking fox that. We did
lot propose to summon him as oar own witness, bat we
have i rest nitd this paper tn accordance with a atricuy
land form. '
0. General Wallace. Tea, wo understand that.
A vole was then taken brthe commisrion upon the
question of allowing the paper to be entered upon the
record*, and the result of the vote was announced to be
that the paper should not be entered.
Tbs witnesses above referred to by tho defence not
being present, the commission proceeded a 9 follows;
lestjuiOßy of Sir, Payif,
Q. WheredoTonreaide? A. At Dr. SamctalMuld’s
U, Bow long have you resided thore? A. Since the
Stk of January lack
Q. What was your employment there? A, Working
cp tbs farm
u. Bare you been there constantly since you first
WtUt there on tn© 9th of Jann&xy ? a I nave; i was
&bs*2> t from the plantation, only one night.
G. Doy<,u itimraber what nigh* th»t was? A. No,
si ; l don’ t really know; it was in the month of
ary.
Q. Slate how often Dr. Jtfndd has been absent from
home from the time you went there up to his arrest,
and tec circumstances ftttendiug hisabienco? A. He
hfi»-been away, from borne only three nights; the first
time he went to Mr. George fienzy Gardner’s party,
taking his fr-mtiy with him. and returning the next
monjini.; that was in January. on the26th; thesscond
tune bo came to Washington with Mr- Lewellyu Hard
&?J, With whom he also returned; that was on the
Sod of Match; I enabled to recollect the day by the
tact that w hile it was &w»y the barn blew down; tne
tbhd rime he c&mt to Washington.
Q. Do you know John B, Surat; or John Wilkes
Booth:'' A lOoiiot-
G. State whether you were or were not ill while at
Dr. MuUd’e, and for how long? A. I was very ill for
better than three weeks; 1 van teken t ickda Fobruar*.
and my sickness lasted until March.
Cl. btate whether Dr. find d attended you during ycur
sickness? A. Be did.
q. State whether or not you did see Dr Madd
every day during all the time you waje at his house?
A. 1 saw Mm every day dnrlng the time I was there,
exetpt on three occasions that he was away.
(1 State whether during the time you were thora'you
ever heard the nsmesof John H Sur&tt. John Wlikes
Booth, or David E, Harold mentioned in the family?
A. 1 did not.
Q. Were you at home on the Sunday before Easter,
tie Wth of April? A. I was.
Q Do yon know anjtbtngof two man being there
.fh&tday? a. I tnw two horsos there; I heard that two
Ststt were there.
(i,.Do yon kiow at whal time that evening they left ?
A Btlwetn three and foar o'clock.
Q. V.ere yen out as usual walking that day? A. I
Q. Did you either of the men? k. I did not
yoll OB Friday after the assastiaa
°r.V. Frvfiidest ? A. I wea on tlie farm, at work.
Q, Strte whether you went for Dr. Madd? a. I aid.
H* W here wan he i A. He was at his father’s
Q. What did yon tell Dr. Mudd?
Aaiißtant Judge Advocate Brlngham; Ton ne«dnot
aiate what yon iold him, the queattoa was waived.
Q. Some soldiers were at the house, and you went for
mm . a. res, sir.
Q Became home with you? A. Yes. sir; he came
as Jar as the barn, end then went on ahead of ms, and X
went to work. *
v Q. When ion went after Dr. Madd what did you tell
him? A. t told him there, were sjme soldiers at the
boose who wealed to ■jeohim.
a. Was thereasj thin*said Jwlweanyouabotit acari?
A Wo, sir.
Q Hj n« ever hear Dr. Mndd, dtirini the time yoa
were With him, txpreoe anj- disloyal seatimsata- 1 I
cid not.
By Mr. Ewing: Q. On the day after the
2sia6£in&tkndtd jout»trebrfcak;a&L with the family 9
A. Ko.h b. I «]i<i nut take either breakfast or dinner
with the iftioLv that day; I was out attending the
horses.
<i What did yon understand about certain parties
having been In ihe house? -a Bctliing more thau that
two mtm were there, one with a broken leg •
Cio»B«exftmln*d by Jcdießringbam : Q • How do you
l now that Dr, Mndd went to George Henry Gardiner’s?
A I eaw him goins. there,
tt. Bow fas wm it? a, JK«I ot?{ a wttter et
Q- Where were.iou? A I wsh boraa at ihe time.
Cl. Eis hcree’E bsad wa3 that way V A So, nir; he
walked.
■Q. That is all yon know about tlial? A. Tqri air.
Q. lon rat spa ala not *es two mon there on Satur
day? A. Wo. sir; I did not
« Bow do yon know tli*t they had left ih * house on
Saturday r A. Hecanee their horses were y»newhe-ul
teturneo to the honß& ttfour o’cloek in tho alt»rLOOo.
ft Ecw did yen know that the men Kon6? A.
I thought 80.
ft. Xou did not know it? A Ro, elr,
’Testimony of Jnlianaßlols (Colored.)
by Mr. Ewing: Q. St.-vto whether you formerly lived
.afthehouse of Jlr. Samuel A. Mudd. A I did.
u. wico oid you no there to livo, and how long dU
yitu stay? A 1 went there on Cisribwase beA*»i&rt
Citrlstmab
5 I>W son ever know of any Confederote ofilcarsor
sojpler« being about Or. Sfudd’s bocte? A Mi?, sir.
vi Did you over use Audio w Gwvnn, or
tbk to wltnea# a portrait of SucaK—at
thatlmvte? A. J did rot.
U Pid you hear the names of Ben Gwynu, An
dicAF Gtryan. or Sufett menUoned iu the bouse while
yo» wereinthticv A i'o, air.
<y bt«te what sort of a master Dr. Samuel A. Madd
vt[. A. He treated me very well, as also &U that were
ppnoWm; bo was VOl7 kind to xm all; I lived with
lull a year, and he never spoke across woid to me that
1 hftew of.
. ever huow 0' Ms wMppiny Mary Semmoa ?
A.;K'S rir; he never struck her tb.at I know of.
. l \ n® you know whai Mary S?mmee left the heus-a
fon? A On one Sunday evenlnfr ssr*. Mcdd tom htr
jwito ko way, bu? »ho would go; toe next morciv?
fiMClirs. lluud) struck her with a little switcu;ldo
/no] think abe hurt her, as th.e awltoh was a one.
<l. Dr. 1 Mudd novir whipped her at all ? A.
Rn sir; I never lizard of him striking her.
ij. TVbat ia tbugfE&jal reputation of Mary
aiMuig tbe colored people arcu.ud there ? A. She is not
Barest truth-teller, sir, because she has told lies on
4. Do yon knowwhatthe colored folks around thero
iiefieiftlly think of ler? A. Wtil, they generally thick
the is a liar.
p Do yon know what the colored folia there think
.of My lew fcimnfe a* a truth-toller? A. They thonjht
tb! tame of Mm as of Mary; if he got ausry with you
hetaould tell a ile on you lor tho aake of satisfaction.
i. That was the general opinion about him ? A, lee,
'% Dlu 3cu over bear Dr lu-ik about the
gCiVtrxnci.t of Jir; Lincoln? A. J never did.
Q. YvU jtffc the.*'© t?-o da7«? to cro laa-; Chiiitma’:
doyru know Anything about Dr Samnel Mstid £oiu*
sway on that a. Dr. Samuel Mudd'e wife told
mo he was going to Va&Mngicn ta bu 7 a cooking
stove.
Q Yfte.ro taveycu lived since j’en left Dr. Samuol
Mudd r s? A "With Mr. Wan,-,u Bryantown.
The CozDioisrion then tock a rccefs until two o’closk,
fit which iiffio the booy r-iaEaembied.
Tes)limouy oUfo. George 2s, Mudd.
Q. Etat? yonr residence and bap|-
2fM? a. 1 hia :» rracUtiih-jr cf medicine la tha village
tf Bryar*ior;n, Cbarleß cotintv, Maryland.
Q State wbetror you know tho prisoner, Samuel A.
S.udd; and wl»*t reJi.r;oE, if guy, exiete bo:.-w»»ea you.
Ai I stow bmuris father end my foifcerwv 4 r» first
cctmtin^; he was ?• studvufc imdcc iaa svino years ago In
Ibf efodT of jmdicine.
ft state whether you knew Ms rejmiatiou In ths
rtjglfbor) ood in wfiloh he lives for pea<e, order, and
goiid ciiizirPehip. A. I koow ol ao oao whose Teputa
tldnfo beiterinlhatrcgaid; itis vory i?oovl.
•<l. Etate what ishis reputation as a master. A. I have
always conJ-idored him a humane n-.su towards Ms f«l
lotv-mfcu, vh*ti>*r servant or oth&rwiis; lie always
cletbed {>ad fed bia servants well, and treated them
kmdii, so far as I know.
ft. bisiit v.tEibt-r or not you aaw Dr. Bffndd on tbe
Euzidsy-after tiie R*&as*jur.i)pn of the Pru«id-nt. A.
T<s, sir; 1 Eit.tyj-.im at th::rfli; he overtook iue 'A-i
that on my way borne to iiiyantows, and I redo with
him as far as bis bouso.
Q . Stelo whether he said ftnything to yon about any
pMiODS having beer atbisboate.
Jodae Advocate RoSt objeeted to th*™* tl<mon the
STteiTiid that tbe GovernE-oafc h'd not oiiared tn& ueria
raiions of ibe pifoosers in evidence
Mr. Ewtegmld ho p?opo;-ad to Bhew by the wil
icis, who irac & man o’ r, «inquettioa'jble and active loy.
aDv, tjjat the priiort-r hftd informed him that- on Satur
day uorninK there wore two suspiciouspfrsoos at.his
Minee, ard bad deslnd the wifoeps. if he thought It ad
vhabl*?, to notify the mllimry auihetitlsa of the faot of
ittir being at his Lou*:e, but net to tell it at large about
th«m, lost thepariiss oed Italy friattd« might assaßst
nalehim (tJ Gpifooner) for the disclosure. This was a
putol ifce vsiy sub«t<nce of ihoae actions of the prito-
Jltrby wlfob itv«.e feuiiahtio i«.plicate Min. and was
c- nntcUdwlthactßOftoeYrecediDgaadbub'jecxueatdays
which tbe Diosecutfoa b*.d tLown. This sutement v vas
viitn&lly a?i act- and wasdon-i dorinsrtheiliueof that
dllfged Silence on hi* part, which had been urged as a
sieußof lmplicatfof Mm as an .ecceaßory w?foro and
the* tta feet minis-mure**. Jf tha fact tbac he had
U-.ensiHnt was to le nreed against him, was not tho
JaU of bit bißaklng that fcfiaLoo to bA iu:rodccid iu his
behalf? Meieovtr. Iho Hioiement was made ai a time
W3i«n the prisoner r-mid not h?.voiUOWD ib.itf.ay sns
plciiuf-Vfcse directed Mia )n support of his
position Mt. Esrirgrted from Sussell on Grimes, vol.
2j p 710, and other auiloi'-iitp,
Juoge edveeate Bolt remarked ibai when partlsri de
oiaxaliens were given ia evidence, tho accused ban a
rl«bt to fobist that the wbola shoali bo given. In tbs
pres&ut Jnttanco too prosecution had net offered dacla
rath-na 0? the prisoner. Tbe ground upon which it wa*
Hcnjc-ht to introduce tbom vae that they werepLtfcof the
tranbactioxi iuoif. But tha irnnsaciion, at toe time
these declaration* were made, had been costp.’etad; it
fcadclt>»cdiheday before-; is conrietsd in the fact of tno
piihi.Eerliaviigcoe.c?alsd and c-ntettalnod these men,
end seat thorn on their way itjoicln*. aaa th »t
tioa eh vbiCH the prison-si- wm now by th 3
Govemmcnc was compiete at 4 o’clock oa Sfvfiarday af-
Icntoon. D was now proposed to introduce a declara
tion on the pan of the prisoner made twenty-four hour*
tfUjWMdft—after lie had had time to rovtew hie con
duct Itwaß not competent to declnre the motive eby
which hie previous acta ware governed, because there
van 10 uieahe ci reschirir those motives, or of intro
duciug any ieß*imoEy in regard lo them. t ~
Mr. String replied the transseftoa wav noi wholly
cluiici 5 . The charge taro wso one of concealment, not
on. v of tie pcrtcru of these rueu while they wete i i the
h< but ft concealment of tbe foes that they had Ima
■in the houfe*. t?f four wllnefcsee who testified that they
v. eat to J r. Mudd’a oa Saturday, two riatod that
tie. MudddenJsd itat tho men bad beta at hie house,
and ihe c.ccated now deslTed to ahow that to didgivs
iifcnantion to theGovernmeat on Sunday, through the
witness on this stand, that the mbti were »t bis hoa««.
Tee objection cf the Judge Advocate was Bustiiaed, and
the question waa not pot.
Q Slate wtaihtr youcommusisated to the military au
thorities in Srjaitio-vVi-, tho fact of any suspicious p*r
eons having been at tbe house of Dr. Samuel A. Mudd
on Saturday ?• A. I did.
ft. State to whom you communicated? A I commit
uieaicd, I think, to .Lii-uteaftnt D«a>i who was the
principal in command of the military thsre at that
time
ft WhendidyonoemiUUiicatoittohim? A. I think
it was on K'onday EiornlißK
ft. WM>t statement did wftiirmko to Mm? A. I stated
to him that Dr. Mudd h&sinformed me tfcu?,; twoouspi
cions peiocnb were at Ms housi; that tfcev oime there a
little before daybreak on Saturday morning, and that
o&e cl them bad a broken leg, which he bandaged; that
ihiy were labor!).-# r>nder «omedegre3 of excitement;
tfir.rfs so, he thought, torn ehouid ha-«e baea cd.a*#d by
a broken leg; that theee parties had said theycvmd
fmn 'tfiyfthtoWa. and were inquiring tha way to F*r
tonlVitmer’i; tba; whilst thsre one of ?hem called for
a rnzor and sLavfd himself, thereby altering his appear
esce: that he (Dr Madd) improvised a cratch or
emtetas for the man. with the broken leg an! that they
went the direciion of Parson Witmsr 3. 1 think; that is
about tho whole of what I told ihelieut-uint.
Q. Or whom did,ou gat this ia/ermatioa? A Of the
prh-onfr, Dr. is'amnel A- Mudd.
Q. What time on Monday did you make the commu
nication, a I think Monday morning.
u Bf whose authority did you mike the communica
tion? A. The mentioning of ihatm&itor tome, or any
other mavter oraringoa tneaisasunAtion, particular.y
tnch au asiaeslnaiiun as the country end the world n;w
mourn, v as my warrant and authority from him and
everybody elee who knew me.
Q At the tizse be imparted this inform Uion to yon
was anything said about communicating lotbe mliltiry
putborities? A. Whoa I laft him I told him 1 would
ifiertiou the to the authorial, and n>e wb&t
coulo bemads ofil; he told me be would bs *Ud if I
vou:d. butjf i cvuid ifiake auu:, an svraijgsiaeni he
znach prefer that ho shiula be sens for, ana tlrat
b 3 would cure every jiifor«ialiy,i in his 00576? ,*
tbai. if it becsiuo a mniter of publicity he fsared tor hit
life, on account of gaerlli&s might be isfe<stin.v the
neighborhood.
Q Didj’ou Bftyto what au’hOTillos you would men
tion it? A. To tbs military authorities at Bryantown.
Q. Did you make any comzoutjication to any other
military authorities of the fact staled to you byl>r. Mndd?
A. Yes, sir; 1 was sent for. I think, on Taeeday after
noon by fonx detectives, who asked me to go up in a
room with them, where they qus&tloasd me vory par
ticularly relative to this affair; I stated U them what I
have already tinted hero, and, -upon iny inability to
answer such questions as they propounded, they or--
dered a carriage and asked mo ;o direct thorn to Dr.
Samuel ; I told thorn 1 wonld d*lt, and
that 1 weald go with them; th«y townod to prefer thsfc,
and 1 did go withifcem. .
q state what happaned when you went thera. a.
Dr. Mndd was not at the house; the detectives went
io&lde while I remained at the door; I ssw him aaminr,
and -fbld him && entered the house that the do
tectivfa had come there to a*c e rtain the particulars
relative to »hat matter about which he rad tpoken to
me; that I had made th& statement to the milimy au
thuiitibs which he had me.de to me on Sunday. a«d that
they were making tpeclal inqniry inreferoace to it;l
had already ssvid to those ceutlemeo, the det<cUves,
that I was confident that the doctor would state the
matter just &e 1 staled to thtm, and Uft the room and
did not enter U dm*U>g their examica'-ton of him.
Q. Bamethe officers tb&t w*»nt with you? A One
was named Floyd, another G-ltlghan, and the others
were Lieut. Lovett and a Mr Williams.
Q Sialo whether any inquiry was made by any of
them ©fiex th« conference wicn Dr. Hoad with refe
rence to the roulo? A- Whoa w© »rot lathe wagon, or,
I think, just bocoi© gottlog in. they askeu me if I would
show them she way to Parson. Wtlmer’s; it was then
near nightfall, and I told them I would cartainlr do so
if necessary; I than tamed and naked Dr. MmU, who
was >tending outside (ho dooT. what was the best.routa
to take to Parson Wilmer’s, asd he gave me the infor
mation; before we got to the main road to Bryautowa,
these gentlemen concludad, in consequence of my stat
ing to them'that another road was preferable, to take
that road. ~, , *
Q, State whether o? not p.ny thing was sen! by either
ot ilioso gentlemen about Dr, flladd having denied that
the two men were at Ms boate ? . .
Assistant Judge Advocate Bringham ohjacted.to the
cneetion, when it was withdrawn.
Q, Sißte whithor you were in B;yantown oa Satur
day at the lime -.of the reception of the news of the Pro -
»ident’s assassination. A. 1 was there when the news
came, and remained all evening; 1 did not leave the
village
Q. What did you bear as to the person or persona im
plicated in tfe© »BBCj»hi*tlon ? A. Lieutenant Dona, on
wh<>m I called for information, told raa tuat tk» purer
who attempted the of Secretary Sewarl
was named Boyle, and ciaimed him to be the earn© who
hid previously aaraMinated Captain Watkins of Anne
Aiundel county, Maryland, and that the party who
assassinated the Fretident woe supposed to bo a man by
the name of Booth, and that he thought tho assassins
had not yet g* t out of Washington.
Q. Was Boyle known in that region of country ? A.
Yes. air: behad been about but not for shreaor
four We&R, or later tTianfivo or thr«ie days after the
of Gapt&in Watkins.
Q. What was bis character as known there? was he
known as a desperado and guerilla? A. He was; his
character wai very bad. •
Q. State whether you were at church ou Sunday, and
what was known there about the assassination of the
Frendest 9 A. I was at church on Sunday; it was
known that the President of the United States was
aeeae&Jße led, *1 il tho matter was talked of.
q Was it ox was w not known that Booth had not
clOß‘fid tkfl river? A. So ono. to my knowledge, aup
pcsed tsatboW cxoised the liver at tflattimo.
Q. Did yon have any conversation with Dr. Samuel
A. Mudd at tho church, or hear nte conversation as to
what he K&ew of the assassination? A. JRo, sir; I
lieazd him— .
Judge Bringham objected to allowing the-wltnoes to
stale what he had heard tbepri-oner ear.
r ;he objection was smilftiutd, and tho question was
not put.
Q. At the time you speak of having made & communi
cation to t.fco offiesra was anything said to them 07 you
abont Dr. Mndd’ehaviag gone with oaeof ihe parties
a*cer a carriage, and, if r-o, slate what ? A. 1 told them
so, and that is apart I forgot to men Hon, that Dr. Sam 1
Mndd did go toessertainif be could get a carriage to
take them array frern the house; that he went, to Ms
faihex’s and dt wn below theie; that h© went witß the
youcaarof the two men, but failed to get a carriage,
and th*y left hU bcues on horseback.
Q. Did you tell them anything as to Low the man s
leg was broken? A. Yes: 1 think I told thtm that ono
be ne of hit of Me leg was broken. , ...
Q Did youtsli them anything as to how it was talu
to have occurred ? A- Yes, from the fall of a horse.
Q. Stale the distance of the church at which you saw
Dr. fiaumel Mudd the Sunday after the assassination at
Bryautown. A I weald suppose it to be about six and
a half mile?, and about two or two and a half muss
from Dr. bamU Mudd ’e house. . _
Q. Did you give thorn any description of the person
cf th«t© two men, aud if *0 what? A. I donol think
1 gave tlifm ai»y. . .• „ T
q. state whether you are acquainted With i>. J.
Thomas, one of the witnesses for tee prosecution/ A,
I know him . . ~ ,
U Are j on acquainted with the reputation la which
he is held where he Is kuown for veracity? A- His re
putation lor veracity has always been very bad since 1
have kjown him. . H .
Q. Bow long has that been? A* Blw he wav a
boy.
Q. Could you state what his reputation for veracity
wash-for© ti© war? a, I do not think that it was any
fiincethewar. . , tt _
Q. Fr< m your knowledge of his character for veracity
would you believe Mm under oath? A. If there was
a motive to misstate facts I would not. ~
0. Do you know anything professionally of his moa
ts 1 condition? a. 1 have considered him an Insane
xoon.
0, State how and from what cause. A. I have seen
him manifest tuch aa abnormal condition of mind as to
relieve him from responsibility fora crim&ln acrlmtiiftl
court; he is not always so insane; there seemed to have
bsen a remittance in his manifestations of insanity
someUßea; I have met him when there was not mach
more disordered condition of mind than eccentricity
wonld imply; I wonld Btate that in ftpproaehing the
question of insanity I feel a great diffidence and ais-
Mut. flDbough n belong© to no profession more than
mine; I feel a» if I should be perplexed when the greet
caster minds of the country, who have studied ami
understood thoroughly a>l forms of medical and loyal
jurisprudence, as 1. apprehend gentlemen of the court to
he. and partlciiUTlr the judges advocate, are to bo my
interrogators on this jubject of insanity. „ ■ . .
G. Is his reputation for vexßclty based upon the fact
of hie insanitv alone ? A. I cannot say that It Is.; I
think it probable that his vsraoitr is worse when in
sane manifestations are prominent.
Q. l« hie rapntaUon for veracity good during tiaeg
when bi# mental cottlilion appears to be best V A. 1
never so animated ic.
Crcts-ixsn!ii.-ed. by Judge Vziaghaai: Q. Da good
cnongh to tell the court wbatworke you hive read or
inesMty? /. I have ro&d&gce-.t many works npm
lasaniiy and medical jar epmdwce.
ft What works on medicil jnri&prodenee have yon
to’d? a. Taylor’s and otheiß oa physiology aid ta
srnitv.
ft. Do auv of there works tell how crazy a iu*n Is to
be to meke him unable to tell tho truth 7 A. 1 do not
i low as ihey do tspeclally.
ft. Do you wish to ftafc* bore, to-day. that Datiel
Thomas le socrazvthatfce does not know how to tall the
’ruth ? A. Ko, sir; 1 mea-n to s«.y there rooms to be a
firu moral insanity.
Q. You Rgy that ut times ho is moro insans, mentally
rrd morally, than he is at other Um-ss; now, whoa he
sft }«*•«• cirzy i» he mare likolr to tell the trtl'b? A. 1
t nlni lIP IE mote Inclined to tell extravagant etorien
rr.en tc is oxciled tnuntaliy
Q % Aieyon p ppaied to swear tbit hoi< fit) crazy tha*.
ta tices not linov,- fc»w to tcli tbs truth when he is
under oath before a court? A. lam not.
ft Do you know whstwes lii« condition of mfod
w litn ho gave bis teatisnohv bsfora the court. A. 1 do
lift; J bad net Been much cf him of late.
ft. What Is moral ini aniiy? a Xlcokuponraoralin'
eanity afiacondillon In wlnc-b pcrsooK ate particulaJy
*? o'itMl 1o prevaricate in’various ways.
ft. Wlisldoyou call mental insnatty? A. Whsu a
man ie incapable of ditcilminating and ippreclatUt
tlffrgsassaie men do
Q Did you 6ver know Daniel Thomu that he was
net able to understand plain matters when he w-s
spoken to about thom? A. Ido not know that 1 did; I
could fciato tome reasons why 1 considered him iauana.
By tb#* court: ft Y/h3>. IH ih* form, of insanity u:j<l >r
which-w». Tnoiaae labors? A. Thero Is no Bp-c'-iiu
form that I know of, ex«pt At times 3. peculiar exult®
inertßudinabililyto Kppreciats matters and thiugeae
oitarpeople do; It is not dopentia; it is nol mono
mania; itnwbatis called fcberation of mind; thvrfi is
actttfiinform of Utanity which exaccrabatea and re
mltff.bct I do not know thatic hts any particular name,
or belongs to any particular form of insanity.
ft Do you think his form of insanity would lead Mm
to imagine a conversation ho never had ? A. 1 have
seen bim in a condition of mind when I do not doubt
he would; Ibave known him to labor undermost de
cided delusion* and hallucinations
ft. Ton have known Mm to imagine thins 1 * be never
heard? A. Tet—oftentimes.
ft. Bowfonghaveyou entertained the opinion that
Thcwiis was uct of sound mind ? A. I went to a pri
-11 ary ecl 00l JS our neighborhood When Thomas waz a
smeU boTitbi-ra was Mwastbini very eocomric and
amusing about him tlisu; he WBB dllfoTeat from tthor
Dovp; he was a srnreo of amuEsment in ilia wav of cc
lentricity to hi* fecboolmMes «evan or eight years ago
or perhaps longer tbau tb&t; an inaeno conditioa of
mint! sfemed to manifest itself in him, co that the com
mon t-xpiosrion .was, of every one iu the neighbor
hood- that Daiiei Thomas was cm?.
ft Hr.veyon expressed an opinion to any ovn that he
was not a man ofnoanil mind pravlona to this? a.
Cva and over ngaiu; long btforc Vm war.
ft Do veu know that he has ever barn objected to as
a wlfm-M before a court of justice? A Iniunot.
ft. Bavej’cu ever kiowahimto bsa witness bafore
a court, of justice? A. On one occasion 1 did. •
Was Meevldtueoobjected to on agfOttad of Is*
tßTiity? A- Ithinknot _ _ , r
ft. IVtat is the reputation of Dr. Eamuel Knaa for
fovftlty or disloyalty ? A. From m association with
.tim i fcr.vo bad to consider him as syxupathUfog Wlvh
ibo Sonth.
<l. Did youev«r faov hirt to harbor rebals or dis«
loyal rersons? A. Hever ;1 have never known him to
commit any tTcasonahleact; I have generally consider
ed *-r EfticuelKudd&s veiy considerate Innisdiscilfi
eions and «xpre sions rolaiivc to the war; his ordinary
mi-nueraud matter of difeCuiAiiiii tbe right or Je
*anvy ofnicessUh, which ho maintaicod; he hap geus
rsllv, however, speken very teroparatoiy, and
n«id any oppromioita epithets lJia heat 8 of me
Oovoinmeat; lie \rr.s mu'.hmrTe on thaSsub
ject. 1 may «ia«o, tbau many other citizens of boniihtci
f.htr’.e> county and southern Maryland. * ,
ft. Time were ceria’n local orgMnzriionsmtne early
part of the war i» your neighborhood; wfiJ too Mate
oTjttt and how they w*re regarded?
a was an OißPulzallon at Dor; Tobacco ol thai.
Mod, tho obi Ct Of Which, I think, was tv«:rtOoMj!e,
ibough it was *aid it was for tho purpose of quern®*
jTisutrecM-in ia the neighborhood, and ifc mzf have
t,c.«n: J have regarded X’r. Saituol Mudd for some
rime prior to the fall of Bicnmond and
of Geurral lee's srs>T, as tuk'ui a very hvnusome
proi-pecttve view of the downfall r-f tho rebellion; I
acminietering an oatltlo him last year, aid
of' bring forcibly in.pressed and /eve
}ov c « with v hich be took the.j«WCtt»!£foa adeeWed
contrast tb many others to I airamietered tne
oath on that occasion; so'Ttfr 36-1 know ha has obeydd
.
Bjrgr. Kwiug: Q When eld you administer tne oath
VCU BPCsk Of ? A. 1! 1 reniemW r.cLtij-, it Wts whou
vise aviso of the people wjs taken rolatlra to caiuag a,
ccnvi ntion to aiusud too Conntitntioa of the Mata 01
f'jf.jv. ftd, in Juno or rfJj of l**t year.
ft WoeyonartiDginaa efesml-casacity?-A. I was
ra*heriraprovielouea by two jndgeaaa chief judg# of
election, in the ahswice of tho r?ktrUr Jadre; I tcisk I
adTOjnieterod the oath to remo twoliuudred tnat d:v.
Q ±'or how long a time ipoken of ibe iiowafall
of xsicbmond fcelig fear-3? A. I think from and after
tho time he took the oath, if not before.
Te&tiutcny oi Colonri lanln Burke.
Bv Judge Hclt; ft. Stats whether or not you know B.
0. Kfint-dy. A. Ye*; I had charge of him.
q Look at tli£t paper and Biaie If it is a confession
made by Mia. A-It is.
Q State whethor it i« the confoßsion of Kennedy mads
in ycui prcrence, and if eo, how long before bis execu
tion? A. it waa made in my preatnee; Ids not know
how long bef< ro Ms exeention; i think a day or two.
The confession inferred to was read tothoejurt by
Col. Kurnettvftta ting that this Kennedy’s obiest iupour
telPbotpfcoroua oa the floor at Biirn«.nj’» Masanin was
not 10 bum it, knowing from experiment that it wouid
not r 01 ibo boards on fire, but to parpet“&to a Unge joke;
and that the object in attempting to burn the hotols was
to letaliaie for ibe devastßUou perpetrated by Sharidaa
is the Yalley— not to burn women aod childiou, but to
thv.w the peorle of The .North ihct the devastations of
war were not to be confined to the South alone.
Tesffmosy of B. B. Caster,
By Judge Holt: Q. Where do you reside? A. XnX?ew
F»uipih»re.
Q Mate wbttber or not you wcra m Montreal last
fail? A lee, etr.
Cl At what hotel? A £t. Lawrence Hotal.
(i State whether ox net vot. met GtorgeN. Panders
ann .7accb TLon'pf’on. Dr. burn. J, "Wilkes BootJi,
oraty of them? A I #&w i»«orga & Sanders* J. Wtikc*
BereiJy s'ucki.r, Dr. Plscfcbnrjj, end others
wboierfiiQfS 1 do not now recollect; I aatf Thompson
at Msgara Falls >n the 57tlt of J line. « ~
Q, Eow long were you fct this hotel? A. Prom the
9ih or lo.h of icpioiaber until about the Ist c>f February.
Q. fctate whetaer yon observed the persona 70a have
rarc.rd in intimate a*Bcclatlon daring ihat tir.ie A.
The' ware; the Sonic erners who boatJedt there
were Intimate with each oth*-?, and had little to do with
any one not sympathising with them.
Q. Did you Snow J. W. Booth bofo-re you wont thei-s?
*Q 3>}A yon oV.cuve him in intimate association with
Geojg* K. Sasoora and other*? A. I did:
q j oofe m the pitboners at ttie bar and see whether
tj u jff ccfjnlzo any of them as persons you met in Ca
i.ada? A. I could not ewear that I ever mat any of
them there. , . . , . _ ,
Q. Do yen remember to hare heard tho name of John
Surratt »poken of in this circle ox men? A. Ido not
fcuow that I do. . . . _ .
Q Do von rsmomher having heard the name of
Payne? A 1 1 aw a mas by the name 01 ri&yae OVfery
snorting, hot them is no man I see hero IW >uW caU by
Jhfttname; was ox the name of
John ; he wmou* of Payne’s brothers; there were two
of ihcm whowexo arretted in coniteecdOil wita the St.
Albans raiders, but they were discharged; 1 do not
Think 1 have ever setmMa man. •
q yr&t T)r. Bischburn there ihe gre%te*t pai t of the
Une? A. I think hawaa there when ths Donegal Ho
tel closed, about the 2dth of October.
0. Stato whether be seemed to.pB associated with J,
■W, Booth Bnd th# others you l ave mentioaad A Be
wpp; but whether bo came thore before Sooth or not I
could not say; I.* was one of that clique of men who
confederate together. , . . _
Crosw-exataina'-lon by Famael Foster; Q. You say
yon w?re acquainted with persons by the name of
Payne, reithet of which Is the prisoner at the bar; I
ask yon whether you knew where they came from, or
ajjyrMug about them? A. Only from what I heard
from general reputation; 1 lveord there were a party
who originally came from Kentucky; that tiioy had
been in the counterfeiting business.
Q. f(7 at time was u that you eaw these men? A.
Jo*n Payne* who boards there, came to the b.uuee aveiy
day, stui Wat still there when £ came a WHY.
Q. Did you eee, about the time that you saw those
Paynes, a man by the name of Montgomery? A. I
saw do ia«n by that name that I know of.
Q Dio yon ever see the Paynes there in company
with a man named Cleary? A I have, John Payne; 1
couidnot6aylha7etheotber.
Cu Did yon ever tee either of them in company with
C. C. Clay? A I n«yer saw Clay but very little; I
i are resis them in company with Sanders, Tucker, and
Blackburn every day.
By Ju-fiG Holt: U, Coula >ou name any other rebels
inMontießl who constituted a part o< this cire.e you
have earned. A. I could mention General Arnold, of
Memphis; B. Wood, a man about thirty-five years old;
asenuomnn by the name of Clark, and an old gentle
roiniroja Florida, who wore a qu;co; I his name
wt*<s Westcutt. , T ...
Q Do you remember a xaan from Indiana by 4 -ha
l ftioeof Dodge? A. Ido not recollect him now.
Q. Or a mas by the namo or Waibsr’ T A. Ho, sir; I
knew many intn I met every day, but I do not know
their uam< 8 ; they rather gsva me the cold ahonider
afitrthey found my sympathios were Avith tho north,
fno had very iiitle to say to ma.
By Mr. Aiken—Q. Do you recollect Dr. Morrill there ?
A. ho, not by that name; I might remember him were
1 toseehiepbo-ocraph. , _ _
C. LidC. 0 Clay nave a room at the st. Lawrence
Hotel? A. I could not s?.y. , ...
Q Did you see Payne go to the rooms of any of these
porfcont? A. I once saw him coming out of banders
rcom; I ntver saw him coming in or going out of any
cf the others. , , ~ .
Q And you are sure he bears uo resemblance to the
prteoner at the bar? A. Very little; he was an older
man; I should not think of bolng any relaVion to
the man; there i» no resemblance that J discover.
Testimony or Uodftey J- Hymns.
Q. By Judge Holt; Q. Where have you have resided
dm iag the past year? A. At Toronto, Canada.
Q. t-t&te whether or not wmle there you made the rc
cmaintance of Dr. Biackbarn. A. Yes, sir: I did
about tie middle of December. 1863; I knew Mm prior
to that by sight, hot I n‘*ver had any conversation with
him ; l have known Mm since that time.
6, Aid you know him as in the Confederate service?
A. I did net know ho was iu the CoaftdeTara ©ervios; I
knew he was doing work Tot the Confederates.
Q. Mate what arrangements, if any, this Dr. Black
lorn made with you for the purpose of introducing the
y ellow fever into tho United States; give ail the par
titulars of your arrangements; what wai dona under
it 9 A. 1 was introduced to Dr. Biscibumby 100 Key,
Musrt Robinson, at Queen Hotel, Toronto; Dr. Blsck
bum was about to take South some soldiers who had
escaped from northern prisons; 1 aeked him if he was
going tooth himself; te atked me It I wanted te go
bouth and eerve ihe Confederacy; I ©aia 1 aja; to then
told me to etmeu" *teirs»thathe wanted to spoak to
me: I \fent UP Hairs with him into A private room; he
'•Mred his hand to me asa Free Mason* in Die^BMp.
cud said be would never deceive me; that bo wa.41.3q
to place confidence in JlO for an espaditiou;
sco it I wonld like to go on an expedition; I told
him I did not csre if I did; ha said I would
make an independoxtt forlnaa by I)—at least one hun
dred thousand dollars—and more tlory tnan Gon. Loe;
that I could do more for ih© Southern Confederacy than
if 1 Lad token on© hundred thousand soldier* to raiu«
/owe Gen. Lee? 1 considered, after a time, and told
him I would ro;be then told me he wantedae M tahe
a certain anantlty ot clothiar. he did not aav hoir
much, (coat,, shins, and nnderolothlnß). Into the SUtea
cm! dlspote of them at auctions he wanted mo to take
llifin Into Waehlntton etty, Into Norfolk, and aa far
Snnth as I eonld so wbero the aeneiaL Government
held poraoßaion; lie wanted me to sell them en a hot day
or night: it did not inittor what money I sot for the
olotheii I TUB just to ot them for what money I
did he soy yon Wore lo receive f»? your ttr
vicer. ? A. H© said one hundred thousand adllaratiia
said I sbovld have sixty thousand dollars at soon ae 1
x«ported back !u Canada aud ibat if tho thing suo-
CM.ded 1 could make ono hundred timos as much.
Q 'Where were you to get pofisestion of tlia clothes?
A. J was in Toronto to go on with my legitimate busi
ness, and if lteftlwa* to inform Dr. Stuart Kobiuson
where I wa», and be wuh to telegraph or wr»o to me
sumewbere about the month of January, le&i; I went
on with lay work until, I think, the 8&h of June. 1631;
ou Saturday night I baa been oat to tako a pair of boots
home to a customer of mine; when l returned my wi'e
Lad ftletigriu her band from Dr. Bobinson, which be
Lad jo.st called and tbare: 1 callod on Dr. Roblaeoa
asd asked him wLat I WHS to do; Robinson said he did
notwfohbitnsell to commit any overt act aiainist the
United States Government, that I had better take only
enough money to carry me down to Montreal; I had a
lettoi to Mr. Slaughter, who gave me directions to
brtcffd to Halifax, where I wa» to meet Dr.
Blackburn; the Utter was dated. May Tilth, 1861,
from llavHii; I went down to Halifax, Dr. Black
burn arrived there about the 12th of July, from
from Havana; ho *ant down to the, hotel where I was
staying, and I went to see him; ha told me he bad
clothing there which bad been smuggled oti, and 1, in
accordance with big directions, took an express wagon
belonging to the hotel down to the steamboat landing*
and got thwe eight Unlike and a yoliie; : he directed me
to take ihe things to nr hotel aud put them tn a private
room, whioh I did, aud notified Dr Blackbnra? he
asked me if I would take the valise Into the
States, and send it by express, accompanied
with a letter a* & present to President Lincoln; I ob
jected, and the valise was taken to bis hotols ho ordered
me to scrateb tie marks off the trunks; they had Spa
nish maiks on them; be told me a man would go with
me the next morning to make arrangements with one
iwo vessels going to Boston to smuggle the tranks
through* I went down, as directed, and made applica
tion to Captain McGregor; I do not.remember the
name of the vessel; the one who went with me had
a convocation with Captain McGregor; I did not
know what be said, but Captain McQ-egor refused to
take the trouble; we next wont to the bark Halifax,
C»P«ain J. O’Brien, the officer who was with him; we
said I had some goods I wanted to take to my friends,
and presents—Hite and satin dresses, Ac., and that he
wanted to make an arrangement to smuggle them into
Boston; the captain aud be had x a private consultation;
when they come out, he consented to take tbem on the
Balirax, and finnggie them in t he took them
on board bis vessel that day; on arriving at
Boston, It was five days before we got an opportunity
of getting them off. but be succeeded at last ia doing it,
and expressed them through to Philadelphia from there;
I brought them to Baltimore, aud brought five trunks
here to Wo?biß*ton; four of them 1 gave to a man rep
rerouting lilia»eif 88 ftCUtler, from Boston, byname of
Myers; i understood at the time he was a sutler la fil
gei’&srmy; beaald he had found some goods that 113
was to take to Newborn, North Carolina; mr Instruc
tions were to make r market Tor the goods, and I turned
them over to him; Dr. Blackburn told mo at the time
that he could have about 9too,CGO worth of goods got
together that Bummer to be dispoaed of.
q. Whaj did he state to you WM obi act, If any.
FOUR CENTS.
Jj* dlsporii gcf there froode? a. lo dtslroy the army,
end anybody in the country.
Q. Dtd ha statu thftt th< so goods bad been earofuUy
infected by himwlthjollovtever? A Ye*, sir.
Q. Sid La explain to yon iho procesn by which be-hßd
letecicdthejuV A. fleufd not; he tcld me th»re were
other parties emaged In U; fcochd not say who they
*err, or who wt*e about infecting otbor goods with
czr&lh poy, yellow fever, and so on.
Q. Did >©w understand that the goodn in ihUv&li&e,
Intended to he sen* as a present to PreaUi&nt r.ineola,
Lad aleo b*en carefully infeeied with yellow fever? A,
) tir>6f>stcoQ him it had been Infected with yellow fever
end Email pox; I declined to take th<-m.
(1.-Sid you ever learn from Mm whether he had ever
tent that vails* to the Fr*atd«iU? A. £o, l old not; I
1 av© heard it was font to him
Q. What disposition ci tbit trunk and clothes did you
make Ip Wesliipgton A. I turned tl»> n over to W. S
■H'eJl&Co., ioznraie»ion merchants; frianesfed an ad
vent opa-Giu; therKavo mo an advance of $lOO. ftuil
v/nroHck tol'flneda. lt , „
Q. Sot on mnnniw the date of ? A.
1 ti a k it wm about tho l?th of AUinSt, tSBl; i; vra« the
]?r*ets ©f »1 e ft-vptrunks; It bad two watches in It, and
uas known ai “big N.>. 2;” my orders wore tabs
sure erd bar© that trunk sold m Wushicgtoa.
Q Sid you send any cf the others further south, or
wejeitcy ail left boreV A. I turned them over to the
culler, wfcopnt ibtui in a lUsmboAt for Norfolk; 1 ap
ri*ec to Gonoral Sutler for a paee to go through myself,
br-t the jeply was tbetthe army wa» about t'*< move,
end that no persons would be allowed a pas* tot con
rectedwithii.
<i Stale what occnrrfd on your return to Canada? A.
1 w-iiUhroaghtoßferaiHon wUboat stop Mus; there l
beu to wait for the cars, sad was met by Mr. Holcotno
and C. C. CJry; tbty both shook hand* with, me,
ciectcd me heartily, and oongr*lnJeted itis on wy safe
reiu-uard on my waking & fortune: they toldma 1
vUoldbe » gentleman for tho fofure} I teJegrephod to
Sr. h!ac)bnrn. whn war* then staying a-fc Montreal, a?
h»r. Ko-cowb had told roe, that I had returned; the
iifrslninht bntutcn U and 12 o’clock, Sr. tfUctburn
c£ me up and kneckod at the f : oor;I was in bod. but
IfoJitdotn oi me window and faw Sr Blackburn; he
tola we to cans down aud open the door; that l
war, 3D© all omcr weals after doing something
wjcighSeits the d*vH w&s after roe: he
ritd by Jamet 11. Young; he asked bow I disposed of
the seeds, and 1 told biro; he said it was aililgatif
“bis No. 2” k*d been dftpomd of: that that wou’d kill
fit t-inly jards* distance; l there told lilm that every
th) xg had kcio wrors in r y butinofta thero siuca 1 lud
been t,w»y, and Dial 1 nuevod some money; ha said hn
would so tc Gol. Thompson and make arrangements to
on him for any money I derirad; he Said the British
rtUtborltjfcß had eoPciioO. fcss 3.z»cntioa io the yellow
fever raalr.g at Bemudaj ibatbewas golog outbaro.
£i?d, at ac bo tacie back, be w«,uld ee© wa; i weat
to bee Jf.ncb ‘iborcVßon ibe nextmoiniue; be aald that
Si. Slackturn bad there and made arran*omont,
to pij' roe one hundred dollars when. tb*> aoods ha!
beeu dlsp&fvfcd of accordinj to hi© 5j t -ect}oss;Vl told liiui
I rc©de< the mone*; he said: “ 1 will give you fifty
now, but Hl»r.r"in&tsr. ElaoLbttrn’srej'iav-i;
Wl:es> you tbow fp. tbc.6 you sold taa I wUL
VlKt 1 lin l-tio-TOi:'' I k.;~ +<ry-t!r%>, OOII4TH
-vs rctcui iof Sr Blackburn: this wawitbolithor 12u.
of Auj.ntt; the nest day 1 wr;>te a iatier to Mr, Wn l«
here, saiing 1 had aouo to Canada yinc© a©sold the
and bin: to remit to at
Ti-rosto; wiMi I got the hirer of William L. Wall I
tcokir to Cojc/eoI Tnorpson; be raid Jo wassatUnea
with it, and gave roe & check for £f;y dollars on tbe Ou
tariojbank of IdoEtieal; i gave him a receipt for fifty
drllaia on account c-fS/. S. i’. Braekburu.
Q. state whether or not Jacob Thompson, la aU your
bPrvfclfiatieu With him, oc©m< d to have a perfect know*
led»« ot «i:ii character of tko gooas you WO»seilina ?
A Jff*» sir.
Q. Sid you moution to him tbolarr* sum that fcßd
toe» ro you by Sr. Biackb ;.i tt? A. Idl.i acd
he said !lj*>Cor)‘.i’dciatfl Gov-3rniuc'ot had app.-opriated
JOrttatpnrpote.
Q few did be ox‘uio hiui?oif for n<« : ; giving you
ror :e? A Sr. . B’&ckhain rtturn*d from
Bermuda i wrote to Fonlreal and U»:d Mm 1
wanttd nicsev; he roado no reply; I then ncmt;
down to B H. Young: eubreriueatly I met Sr
BJerkburu, W'bo said I had wriuem him very
hard Jitters abasing him, and that he had 00l any
roonoy ;o ftlve: he gut into his ca-ftia*e sad dtovo ok,
and never gave roe any satisfaction tu paid me anything
moTe , , , ,
Q. gt*?eunderwbatname you parsed when in wash*
isKtc*? A. ,T. M. Hairifl * .
(L Where dl? y«*»n stop -in. tiii#! d*y? A. At tho rfa*
tlenaiJßoielt tu* l l brought the goods there.
Ct ian you give t>.© preelsu dae'/ A. £ think it was
tbopthef Aogus; , 3851.
O. 1r what name did you wrlto this letter to Dr.
S3«ci burnfe? A. In my own name.
<l. K* wl ?.t nfeme did you wive to 7i2r. 'Wall. A, la
thereroeof .1 M. Harris, the eaiau as lhai xegUtirai
mytelf sttbe bc-tel. „ , . _ ,
Q, Can you Mute whether C. C. Clay p.n« Professor,
Bcfcerobe, whin yen met on your return,’la their r.nu*
yereatlon with you, seemed aJ wayspetfoctiy to under*
stsmi the bne juess y r>u were cngag>d in ? A. Yei;
I *otu:u£d brch to Canada; I hut cuy, Hokimbo.
Pr'j'tcii. HeviriySi* .r?.'iickburn, sad several
oilier secilcroeu at thoC iftun Hout's* rilngara Pe-*U.
Q. They then had a knowledge of yon* en-erprlse ?
A. Ypj. *i»4 _
Q And ttsy compJiroented you upoii yoarsucceae?
A. Bo’corobe and Clay did. ~ .
Q. Bow do yank now they had this knowledge; was
tic-;© sny coi:versQtK*n between fh*m that left no doubt
on your niird as to the fact? A- lu tha conversation at
the CSfic-E Bourel etafed that I inf-adod torefuru that
right ioTmonu.-; Dr. llhckbumhc-i no monay; he told
mti that bs wouJa go to Holcombs, who had Confederate
funds: be said tbai Holcombe was going to stay there,
ftrd when b© returned h« would got money from mm or
'lbcmpcon tor th« txp3- itlon; that be liai to get it liom
rneci them; 1 Uiiuerrtood from that time that they
kßfrW til about it; I never fpoie to thorn directly about
it all; l Icok it for granted when they congratulated ms
on roy safe return at Hamilton the? roust have known
fall u oout it, . ...
Q. You speak of Stuart Wbicson, a dlvir.e,
cl LoUifevUie, Kerituehy; who introduced you
to Sr B'eekbnrn. ,
Q. Did h© seem to have a knowledge of the bnsinsss
you were eng*sud in? a N«it fi'cro ino; l don’t know
what, knowledge he had frrmßr. Blackburn; hj said
he did not know the n&turs of the business I was goiur
on, and that to did not want to commit any evsifiaots
i,U 1 knew is that Dr. Kofcineoa took good «*ara of me
ail the tin e; I was there that time until Dr. Blacabavu
wrote forme; ho did not give iae any money; I borrow
ed $lO to come down to /-iontreal f*-oro Mr. Pre?t:*n: 1
we*t down to Montreal and saw Mr. Slaughtar. who
wj>s to fujnieh funds to take rooto Halifax; hesalihs
wee short of fr.sds. that ho had lose Eovetftl
dcjjfii'3 by the failure of a bank: he gave m* #25 and
*sid j had tetter go to Ealc'Ciuba, at the Doaoiaaa
IToute: I at.w Kr Doiccmhe and told him 1 wae short
of funtifj, aid wanted 44Cis he aiid I had beifor taka
s.'o. but I refuß?d, taking that I aid not want it.
oho Judge Advocate wked tbe floncsel for the defence
wh< th«r J k©3- desired t« croeE-csarotue the witness
Mr. Allen replisa that bjioreths witas3B was d\s*
chavptii. bt-fMliod to know whether it waothevuv
pote..f Jhft Judge Advocate to rarko usaof this testi
rc.ryyy in snjnTr.iug up against Buy e! the pvlsoncvs
Jr.dgc Bolt replied that it was expected the.* reference
would Xt made to all tbe testimony in sntumlok' up, but
rtf t iho »bj*-ct of this tea Union? was to connect the re
bellion with this crime.
Terdimony of A< Bremter,
By Jutfge Holfc * (». Ware ycu eraplojed last snm
2X2«rin thoeervice oi tir, Wall, 'comniiesian merchant,
InthJycity? A. Tea, air.
Q. Slate whether in the nK-uth of Augrurt, a man ro;
pTefeniiiishijujeli as J. W. Harris, sent to
Mr. Wall rtrtain paclfaxe* of good/, for Bale ? A. A
man catling fcimeelf Bar*J« Voaalii a pftckage -‘f goode
to the store lor *&le; i th.cu«hc' hm a sailer returnirs
borne and I advance* him §>lo0 upon them and, eold thaw
the next day i hfl gaid Mm? ye*® 12 dozen shirts, bat
there turned out to be more; i rendered an acoount of
the tales tn bhn at Toronto. Cioaia, with thi UeJance
of ttaxnosfiV* In accordance wit a ft letter rowived from
him, directing It, which. I hare lnrj; it is dftlod at
Toronto, September l»t, jStM and he states tt at he had
written to u a previously in repeat to five tranks con*
taintng 160 wooloc *liiri* and 25 c.i&ts. bat had received
no responds, and atktd me to send him a check on Hew
York lor the proceeds.
Testimony of Wiliinui L. Wall.
By Judge iiolt; Q. Am yon a merchant in this city?
A. I am as auction and commiedon merchant.
Q. state whether, last summer, you received os con*
eijnmcit, from a person representing Masai? as J. W.
Earris, certain trunks ana goods? A. iVhile I was
out «f town, last Afl*wt, my book-keeper received,
from a party named hams, a let of snirts and coats,
which ne desired to be told at auction ; the next morn
ing the *ald he would bo-1 them; ho asked
for an advance on them, asd sliiO, I think, was the
amount advanced, and the goods were sold the next
naming ; I did not son them at all.
q. Do von remember anything about the marks which,
were on these ’ranker A, Ru, sir; I romoxaber the
shirts were thrown promiscuously into the trunks?
I sorted ilu-m out into packages of a dozen and sold
them.
Q. !>o you remember whether any trunk was marked
Ho. i? A WemajkednieminseUiagthera.
By the Court: Q Did it seem to be new clothing? A. I
thought when X fiict opened the trunk it was not, and 1
had doubts about its being a safe investment; but, on
looking forthar, 1 saw it was new; it appeared to be
crammed down into the trunk-
Q What amount did the shirts bring? A I see by
(he Account sales, which X have here, that the whole
amount was $142 90,
of Thomas I. Carduer.
Q. state wleil st or not you came up la company with
Dr. Mudd to Washington, spring? A l did, sir.
Q, Hate the date of the visit? A. The 23d da? of
March. 1 think, tir.
Q. Stale v?i at time you left your homo to come up ?
A On the 23d, in the morning, after the usual breakfast
time.
Q State thepurpose of the visit? A. Wc came up to
attend a sale ot Government horses which was to take
niece on Trlday, but we heard it was to take place on
Tnetday, ana *o wete disappointed.
Q. Goon and state where you anil Dr. Mudd were
durisg that visit? A. We lvCt our horses at Martin's,
walked across the itreat, came down the avenue,
and west to a carriage factory; we then went to a
livery stable, wheia we looked at some sscopd-hanl
wagore, and then went over on the island to Mr.
Clark's, andromiinedthfretlliab.''ut dark, tillths store
was about to close up; Dr. Mudd and myself walked
around to Dr. Herring’s, where we remained soma two
or tiiroa hours and ibon returned to Mr. Clerk’s, whera
we remained all nisfct; the next morning we took iaave
of Clark and went into the Capitol to look at the paint
ings; we took the street- cars &ud went np to Marlin's,
and got on- hoisei, cud after dinner we left and ra
tv?r%d home.
Q, State who slept with Dr. Mudd? A. Dr. tfadd
and mysc-lf slept together; there was but one bed in the
room and we occupied that. , _
Q Mate whether yon and Dr. Muad were separated
during the visit? A, No, tlr, notatad ;iam confident
that at io time were we out of one another’s sigat, from
our leaving Martin's until wo started back.
Q. Did ycu net of Booth during that
vMi? A. JSo, sir. , w „
q. Did you go into the National Hotel? A. No, *ir ;
I think we stopped, talking, in fion.s of the ITailo.iat
Hotel, looking at socm rebel prisoner* parsing, but we
did not go in.
Q Dojourecolleokthe contest, during th? Congreß*
sional ob.cslon in you* dlr.tvict, tu which- Calvert was
the Union candidate, and Harris was las Secession or
opposing candidate? a. y*s, uz ; Harris raxiasapsaco
«»ndidats.
Q, Doyottknow which one Dr, Mu-14
to
'Q. J Do scu know on wliat ticket Calvert was running?
a. A« an Unconditional Union candidate. - . ,
Q. Do you know which Dr. Mudd supported ? Ob«
Jf (JrosS' > exanjined by Colonel Burnott; Q Did yon say
thst Mr. Calvert was rnpning as a better Union candi
date than Mr. Barrie at that election? A. Yos, sir.
Q._Was not Mr. Harlaud a candidal©? A. I don’t
Q. Were the other two peace candidates, both o(
them? A. I don’t know.
Testimony of Mr. Downing'.
Q. State whore you live? A In Clisrles coanisMioar
Mount Pleasant
<i. Slate whether you are acqualctod with Dr. Samuel
Mudd? A, I sin very well acquainted wlthhim.
„ Q Are you acquainted with Mr. Thomas, who testi
fied hSJttf A. Trfi, eu, I -was taiaeil with both ol‘them.
q. state whether or not Dr. Mudd and Mr, Thoma*
met at yon r house last ipriog? A Yes. sir; batwoeh
the J»t and 16th: they both mot at my house.
Q, Did they meet at any other time this spring at
yourkoaie? A So, elr. .
O. Did they come together ? A. Ho, sir; Hr. Thomas
came two or three hours buforc Dr. Mudd
&. Bow long did l>r. Mudd stay there? A, About a
half an hour; l don't think he stayed over half au
hour. *
Q. Wera you pieaen’ p.ll tho time Dr. Hndd was there?
A Ypu, air: I never lefuhe room. 4 . . „ t
d Kmta whether or not in that conversational that
tiniaDr. Mudd said that Prealdent Lincoln wrasauAho-
Jifioaiet; that all tbo cabin*t was such, and ta>.t tuo
South could never bo subjugated by Abolition doc'-riue.
and tbht the Pruidont and Uebiuefc would all ba Kttled
in six or seven weeks ? a. Tbeiewere no Kticn words
spoken in ihe hou»o to my knowledge; I stepped there
all the time; lie eamo there to peome, collect a little doc
tor’s bill, and staled there about half an hoar; as I
walked oak Dr. Mudd rose and followed me out, and
wentdheotly home; Mr. Thomas st&yod with me an
hour aftajwards. • ..
q. could Dr. Madd havo had anv conversation with
Mr. ThomaßwUbout you hearing it? A No, lirjoven
if th»y had xvbitpered X could have hoard it, Ijwaaso
•loseloboth of them., , . .. . t
Q. Was any partof ihe Btaiement which I have re
cited to ycu made by Dr. Mudd on that occasion? A.
Not to my knowledge ~ .
Q. Do yon think you would have noticed it if it had
been? A. 1 nhonld, cerlaiuly.
Q. State whether or not. two or three weeks after that
occasion, you met Mr. Thomas on the road between
your house &rd M% and whether he said to yon that at
your hones Dr. Mudd had said that the Prosidonl and
the Cabinet aua every Union man in the State of Mary
land would be killed ? A He never said such a word;
I never heard a word of that kind. , ».
Q. Neither before nor after the assassination? A. Ho,
sir, neither.
a. On that occasion did Dr. Madd say that h* did not
coseiderthe oath ©f aUe*ia.neeworth a chow of tobacco ?
A. Not that I recollect; there never was » word of it
ept-kea. . .
Q What was the converßaUdu shout? A, D*u«i
Tneruaß was saying to Dr. Mudd that ho was jvp°luted
a detective, and then referred to others. Dyeraua to
Ja d . tS STS BSftWA W tl«i«r wonM
o! Q o WkV«ts*u’r. Mudd ea,? A. I had no ooUTaraa
u«f w2»to B w Hr. Mudd e,T to Thomas? A. He aald
lh a WhafdlVb^allhima jaci /or? A. Thomasa»SS
A’ .OTDiut.d ftd«tnt» PTOTOaS mErahal, end Dr
I Jm better educated than you ftta and X
?™ a fot fitfortfiSo«ce l , ‘ and ihen they tftlkoi, and
Mudd oSI/d him a jack ;Ididn’tUk« that, for I don't
suffer lacks to come into »y hew®,
the wak peussb.
. iPUBOTHBD
TebWae Press wUI hf sent to eubacvlhew hf
mall (per annum in advance) at. **♦*..*,.».SB
Larger Clubs than Ten will be charged at the aim*
rate, sjj. go p Br CO py i
The montif must almut accompany (to order and
in no inMance can thtse terms be dmatedfrom t a*
they afford very liatc more than the cost of paper,
4&-Po*tmMUta are requested to Mt as agents for
The War Pees?.
the setter-up of the Club of tan or twenty. M
extra copy of the paper will bo given.
Q. How long were you smj before Dv, Madd went
out? A. JSofc tWO»econdv.
ByMr. £wi»a: Q Did 1 undmtand you to aav that
you were net oato< the ron’u during tfat iwJrviiW
X Yea, #0( IWBS eJtitßK. about on© yard from theme
it was cold weatb*r; we h/d But Wood tncrtmh on the
ilro, end wealltatoioeetoit.
Q. You heard aU the conversation? A, Toe, sir;
cvety werd that was spoken.
Testimony of H, It 9fnd<l« Jr«
Q. Where do you llv«? A. Hear Brrantowu, t
Q. How far from the accused? A. Tmeeiiuarteraof
B Q* Did yon. last winter pr wring, Jn company with
Dr Mudd. come up to tbe neighborhood or Waihiak r fott?
A I ©f? sir.
Q. Mate whfiTO you both w«t ?A. We Je ft homo on
iheinthof April, and stopped 1 ftbost tw«lv« miles from
WaaMnstcn, and we went to Oieeboro, to buy hdMss*
and Etajed ihrre 111! ten o’clock; wo dldn. t and any
hois s ihattuStcd u», jib they were nearly aUdißeaiea;
I ms do a prcpc«itlon to g<> down *0 Martin «, near the
bridge, end get some dinner, asd we went and toon
dinner tbex*s.
Q A. DireeUf hOglO. •
Cl. b.e-e wh? Ihtr you were eeparated from VI, MUad
duringtbatvieit? A. Hctdaring that visit; we wer*
all the time together.
Q. state wliethtr you crossed the Eastern Branca?
A. 80. sir.
Q. Did jov go on to Wnshitglon ? A, No, elr.
Cl. fctste whether 7ou seen thing of John Wilke*
during that visit? A. t*o, er, Ididnot
U. Bo you know anything about any other visits Dr.
Moddrotdeto Wathluctu.? a. Ye«, sirt onthe23dor
24th of fci-ptember, and on the 2od day of iUrch he was
•
0 Who cF.no with Mm the firtt lime? A, Jerry
Dy?r.
U. who caroe with him the second tl r re ? A. Mr.
e^rdnov.
Q Stale wlieihet 1 you Jfnow anythiug cyfcayt or thone
two virite, Horn Uie Jantiary to flie present time?
A. I saw Mm or four Jittua a ween; KometlTues at
church, e&d Eoroctlroes at home; 1 never saw him auy
whereeb*. , „ , •
<1 Kow long hare you be*n living within three*
puarteisor aiuiieofMudd’eplace? A, AJlmyllfe.
Q Did you live tbore la*t yuar? A, No, «ir; IWM
at co'Jose, bill [ came hore on H.e 29 h day of Juno.
Q. Eavo sou been hero ever since? A. Jos, slr;ovor
eir,c<-
Q Do you know of any part of ibe Confederate eol
dlerebeing abrutTOur broiher’a tecaa giiroe tho 29th
£*■? cf JulTv IS6I ? A Ido net. sir
ft. Did nil hear tv cte .foba Sarati &t your brother’s
licuto? A. Sever, sir.
Q fctale to th© Cotut whether or not your father Is a
JliYiu £W*©t latiiQcouaiy. A. Ye*, sir.
U Hcwlaige?
Ohjictcd to oy A'fUt&iit Judge Advocst© Brlngh^M,
! Q. A.
L'etweew for.r and five hunrlred tscrca
By Colonel y Do you mean that be owns
it? A, r?JhfV tavelttohlro; he.never give did any
deed for D;,he Is l u --*■»—*
"IT'jtr.n’t you know that Dr. Br*iM dooa not own ft
fofit oi li-ftd of any hir;d ? A. Ido not, sir.
by Mr >.wjng: Tho \wtne*«-~l 5 alwaye under
steed that iU, farm was fi«t apart lot him Vy hiH father;
HiMtc-wuEshisfarro.
q, Do j<u know of your brother having sold &nd re
olvod the vroceeds of r.ny land heion&ing to your
faflcr ?A. xat, elr; tho land oa which Mr. rorrv on*
Jive & he bought from roy father; the house washuint
down, and roy brother fold the /ana. ,
Q. Who led the title? My father, sir,
Tfstiroopj' oi’Mr. K.’irdy.
I l’Vfl lB Charles county, two miles and a half
fit'CV-Brypisicwnt 1 dimd (l( th* hdUt.O Of Dr, MU'M's
fofr.erone \v©vk. sfter tho a iue<Ren£Qjf
w.mr.torlsimtoßOtohto own houee, asd I went WJtiL
hm; we m»:l Lbutenant tovott lu Di Mndd B yrid;
Dr-. Slrddlr^reducftdLUutenaafc LryfU vim*, and ha
U’tvi v.a'.Vto ii to tli' l hj u*B, and j' v via<3 told idea
t« i>ant ?.(*vcitt"m>t tho boot wjib in iae nouß*. asd
Mu* if he wanted it; 1 think ha ro or tiered it wo
got iuto the henss; no inquiry had bein made before la
<1 PsytblEj'eaid »,bont who;r,itwa*sfound A,
Mie. Kttdd 8k id fehe found it in dustiug the reoro, undvt
the bed
CrcB 1 ! ©7raroinßklon.--I don’t know wliat rematk was
joed© abfut fiftriu ing iho h
Bv Mr. Bwiny: Q. Who gave the boot to the officer-
A Dr. ifudd hijafiiflf.
Q. WhftttlßiftO/ dflY WW.it? >» Detweap 12 unit;
we bad dibiier at Dr. Mudo’s fMlliw’M I dioji L hhO.w
the ro* »eßger; I think it was Mr. Davit* child ran la
and ff'd Mr. Davie ivae in the yard and wished to bee
J)r, Mudd.
of JJr. BJandfofd.
G Whvie do you lnv? A la Prince Georges COUU
ty. ebeuttwerty mile* fr«>m the city. .
U State whether or not. dmiurl&il c-prlag or win
ter, yea RCcoropaniod Dr. JUvtd towards Washington?
A. i d'd, <n the nth of Ap.i), to (Jlftloio, to attend A
esirt < f Government hems tbero.
Q State who was ta timptmy with him? A. His
bioiler; ire «nWed atth© Eun.j bftfoie kounaudl
rejeeired there ttbh bllh t’U 12 O’cloek
hursts; th£t were of an li-forMr qtipJHy. and no mid*
no puicLaae.* duiins no blayibeiei At about ImlC'paßt
Igo’cloek JkJvbim,
him again; I went to WtMjbiUfctoih ftod fot back to
Rt about half-past 2 o'ck-ck, andfor.tta Dr.
Mudd there.
Q. When you started for Wasbinston, yon left hi*
brother with him a; GUftboro? A, Yes,'sir, ;<k .
Q, Lid you And him there whon yearelarjicd? A*.
Q* iteie where Martin’s is. A, On tho ferkioftha
rosd, net more thas one bund rod yerd* from ihebridgSi
one read leads to ti e tight, and the other is Iho stag*
rosd jtad'Tgiuto tbe county. • . _
q That is on th© other bide of the Eastern branch?
A. Y« fct, sir.
Q. Save you any krowlodgo of D? Mu-M offorlng to
□ell his farm? A. 1 thiik he said he would like to
fiP jj it
' u When did you hear Mm speak of that? A. Tor
Y?atH back. _ . - , '
0, What place old he refer to? A. The place that h*
Jived on*, I hfcardhim fpeakPf Jt to tho last eighteen
several tirotb,
Q Bow Jong did you stay at Giesbii'O tOSftlhQX? A*
Till £or 9 o’clock. „ • .
Tefc»*JiJsMoP.y of Mr. RSartHi.
lam Eccinaioted wi:li bolh Dr gsmcel Mttdd and
Es-ujyL Alndd, and also with Dr. Bla&dfordj Tsavr
th* n* ca the 2S*l of March, «nd also, I thfulr* ou the 4llc
of Apiii Just; both Dr, fcarocei and Henry L. Madd
were at roy house for one or tvo humv; Dr, Elandfird
j-Zr-.d then* between three and four o’ofock.
Q. WeaUr ffiuda afterwards hfitwocnthftt tlma
ary he a:ea*sihailoi> ? A No, s'r; neither was Henry
L. fcincdrcrßr. BJandford.
Te»tin;o»y of Mr. Montgomery.
I fro ccquainted wHh thevti-.onor, Dr. faaiuol Madd;
inlaftt )>«.:(• n.bsr ha u\ide an fctfrttafciuflnt With ra© foz
Vtinsbg »■ Biova to Washlßgfon} I icckon It wabou the
ai ti.at roonth» in the rooming. ♦
The Court then atfjouv&edtUi 10 o’clock to-morrow
rooming.
iWFtL EXKMfM U MOBILE.
Eight Squares of Buildings
Destroyed.
DREADFUL DESTRUCTION OF LIFE AND
PROPERTY.
Chicago, May 28.—The Tiibmc. has a spoolal
do;patch fiom Now Orleans, dated tho 28th instant,
which says: “ Tho ordnance depot and magazlno
at Mobile exploded at two o'clock yesterday. The;
shock was torrlflo, and the whole city was shaken to
its foundations. Eight squares of buildings were
destroyed. Five hundred persons wore burlod tn
ths ruins. Tho loss la estimated at $8,000,000, The ori
gin of the explosion hss not yot been ascertained.’*
Ksmtbib, May M—via Cairo, May 20,—The
BuUctin's New Orleans spcolal of May 20 says: On
the c-TsniiK of thy 21th, the main ordnance depot, tn
Marshall's warehouse, Mobile, blew up with a terrt«
bis explosion. About aoo persons were killed and
RSBy wounded, thousands beingburled in the ruins.
Eight entire Equates of tho oity word demolished,
and about eight thousand bates of cotton destroyed.
The steamers Oolotol Cowles aid Kate Dais, with
ail on beard, were entirely destroyed, A great por
tion of the business centre of the city was destroyed.
The total loss Is estimated at ?3,0C0,0D0. General
Granger rendered prompt relief to tho sufferers.
Tho cause of the explosion Is uncertain. Tho ord
nance stores which exploded were a portion'of those
surrendered by Dick Taylor, and wers tn course of
removal when It occurred. The oaf Ire city was mors
or less Injured by tho explosion.
CALIFORNIA.
A Horse Mace and an SartbqnaKc-Ar.
rest or Mexican “ hmigrauts ” for Con
spiracy.
San fbanoisco, May 24,—Tho great two.mtln
heat between Norfolk and Lodi oame off yesterday
afternoon on the Ocean House oourse.
In the first boat the hersee kept close together,
Bwung into the home-stretch side by side, and
crcssed the score together, making a dead heat.
Time, Sm, 40ijs, Tho Norfolk won tho second and
third heats. Tim a. 3m. 42 3 08,, aad3B. 81 4 85.
A heavy shock of earthquake W 99 felt la this otty
and throughout Southern California thlß morning.
No damage was done, although many houses were
rudely shaken.
The steamer Moses Taylor arrived last evening
with tho passengers who Hit Now lorfe on the 22d
of April.
Tho steamship Golden City arrived to-day With
tho New if oik pastor gets of the Ist lust.
San Fbanoioooj May 25.—Twenty-two men of
the bark Brontes, Mexican emigration party, were
arrested by the police last night, on a oharge of eon
splracy to solze the Peruvian steamor Colon, lying
In the harbor, In which to put to sea to attack
French commerce, as a privateer, under Mexican
colors. Tiso csse wffl ho examined before the autho
rities.
The evidence In tho case of tho Panama pirates
Is clearly against thorn so far.
Blot smong Coat Seiners in OHIO.
Cincinnati, May 29.—A despatch to the Cow
inertial from Mesßilon, Ohio, gives the particulars
of a riot among the coal miters In that vicinity,
growing out of resistance made by the Mlnera*
Ui.li.n organization to new men, not members of tho
Union, being set to work. The 45tu Regiment of
National Guards have boon callod out torestoro
order, and havo arrested a number of the leaders.
Great excitement prevailed, and further violence Is
apprehended, .
llcslon,llon offolegrapiiic Ceuutmuicv
tiou with the bonthwests
Louisviinn, May 39,—The Southwestern tele
graph lines are now open for all business to Mem
phis, Vicksburg, Mobile, and New Orleans. Mes
sages thorn the Atlantic oltles will be recolved by
tho way ol tho Western Union lines.
General Thomas nt Louisville.
I,ouibvii.i.3?, May 28.—Major Generals Thomas
and Brennan have arrived here from Noshviilo.
The railroads are now repaired and trains run«
ning regularly.
SEW TOSfM CITY. *•
Kkw York, May 29 f
g SB STOCK EXOHAHOB.
eECO.ND BOARD,
<BfTO 0 a Gj, ’SI r.MBJK < ICO a Y Oen B SOtf
Irfeer:® «»aErf:fc
sow nsm 10-40....0p m; b ' ioo uoJeonb s..eio. os*
S
iSg Qa i‘ 0 k °?nr: ft* f 8? »S? 'aXMY^wU
ICO Atiaatio Matt**.*
EVENING SXOHAIfOH.
Gold doped this evening at 138 { New York Can*
trad, 68j„' i Erie, Hudson Ktver, »7,‘.{ 1 Reading,
til; iuiaiiignn Southern, 67,?f: Pittsburg, 61'*'!
cthiosgo and Hook Island, »3.Vj Northwestern. 23Ui
Northwestern pteferred, 62K i Ohio and Mississippi
certificates, 23? f j < iulcktmrer, bo?,'. The market
dosed aotlyoi ana not Tory steady,
EroAoiKG tbs Tracks of the Latb Wab —lt
Ib a curious faot that the track or the march of Sher
man’s army Is already nearly effaced, and on the
very torts taken by Grant vegetation ib already
luxuriant. The soil vindicates Its fortuity even
among the lines of battle. The people—or rather
the secssh—are very clamorous for the united
States Government to rebuild tba bridges and rail
ways at Its own expenso-and would like to see it
reconstruct Hlohmond. This Is very muoh In the
vein of the Frenchman who, according to Dr.
Franklin, having failed in making a deadly assault
t n his enemy with a red-hot poker, asked him if he
would not at least r»v him for heating lti'-verto
spondence o/the Js\ T. HwoM,