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ASSASSINATION OF LINCOLN
ASSASSINATION OF LINCOLN
A HISTORY OF THE GREAT CONSPIRACY TRIAL OF THE CONSPIRATORS BY A MILITARY COMMISSION AND A REVIEW OF THE TRIAL OF JOHN H. SURRATT By T. M. HARRIS Late Brigadier-General U. S. V. and Major-General by Brevet A MEMBER OF THE COMMISSION ————●———— Boston, Mass. AMERICAN CITIZEN COMPANY 7 BROMFIELD STREET Entered according to Act of Congress, in the year 1892, By T. M. HARRIS , In the Office of the Librarian of Congress at Washington. All Rights Reserved. Typography by Fish & Sancton , 198 W
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EXPLANATION.
EXPLANATION.
It is perhaps necessary that the author should explain the sense in which the term, "Great Conspiracy," in the title of his book, is used. It is not at all in the same sense in which it is used by General Logan in his book. In that it is used as the equivalent of the Great Rebellion, only that it broadly covers all that led to and culminated in the war against the government, designated as "The Rebellion." It is only here used to designate the conspiracy that resorted to the policy of assassinat
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PREFACE.
PREFACE.
It is now more than twenty-seven years since the assassination of Abraham Lincoln, President of the United States,—an event of the greatest importance at the time, not only to the people of the United States, but to the civilized world. The trial of the conspirators by a military commission created the greatest possible interest; and the proceedings and testimony were published from day to day by all of the great newspapers of the country, and read with avidity. The judgment of those who careful
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CHAPTER I. INTRODUCTORY.
CHAPTER I. INTRODUCTORY.
The rebellion of the slave-holding states, and the attempt to establish a separate government by force of arms, was solely in the interest of the institution of slavery. The Southern Confederacy was to rest on this institution as its corner-stone. By the establishment of the Confederacy it was intended to end, forever, the agitation of this question, and establish the system of human slavery as one of the permanent institutions of the world. And all this in the nineteenth century of the Christia
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CHAPTER II. PREPARATIONS FOR THE EXECUTION OF THE PLOT.
CHAPTER II. PREPARATIONS FOR THE EXECUTION OF THE PLOT.
The evidence which will be hereafter referred to shows that John Wilkes Booth and John H. Surratt had, as early as the latter part of October, or early in November, 1864, entered into a contract with Davis's Canada Cabinet to accomplish the assassinations they had planned, and that they immediately entered upon their work of preparation. It would seem from the evidence, that at that time the purpose was to execute their designs at a much earlier date than they did; and that this delay was occasi
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CHAPTER III. ASSASSINATION OF THE PRESIDENT AND ATTEMPTED ASSASSINATION OF SECRETARY SEWARD.
CHAPTER III. ASSASSINATION OF THE PRESIDENT AND ATTEMPTED ASSASSINATION OF SECRETARY SEWARD.
On the morning of the 14th of April, 1865, the President's messenger went to Ford's Theatre in Washington City and engaged a private box for the President and General Grant, with their wives, to witness the play of "Our American Cousin," which was to be rendered there that night. The heavy burden of responsibility, the weight of cares and anxieties which had for four long years rested on the head of President Lincoln in his official position of President of the United States and Commander-in-Chi
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CHAPTER IV. THE NEWS COMMUNICATED TO THE WORLD, AND ITS EFFECT.
CHAPTER IV. THE NEWS COMMUNICATED TO THE WORLD, AND ITS EFFECT.
On the morning of the 15th of April, 1865, the telegraph wires carried to every part of the United States that was in communication with Washington, and to the rest of the civilized world, the astounding intelligence that Abraham Lincoln, President of the United States, had been assassinated on the previous night by John Wilkes Booth, at Ford's Theatre in Washington City; that at the same hour a most savage attempt had been made to assassinate the Secretary of State, Hon. William H. Seward, and
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CHAPTER V. UNRAVELLING THE PLOT.—PURSUIT AND CAPTURE OF BOOTH AND HEROLD.—DEATH OF BOOTH.
CHAPTER V. UNRAVELLING THE PLOT.—PURSUIT AND CAPTURE OF BOOTH AND HEROLD.—DEATH OF BOOTH.
The most active measures were at once resorted to by the government to discover the conspirators, and to capture all who could be found of those engaged in it. The civil and military police, as also those engaged in the secret service of the government, were at once set to work. It was soon learned that Booth and a co-conspirator, which proved to be Herold, had passed over the navy-yard bridge, on horseback, very shortly after the hour at which the fatal shot had been fired, and were fleeing tow
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Arrest of Spangler, O'Laughlin, Atzerodt, Mudd, and Arnold.
Arrest of Spangler, O'Laughlin, Atzerodt, Mudd, and Arnold.
Not only was the government bending every energy to overtake and capture Booth and Herold, but also to find out who were their co-conspirators. It undertook a systematic investigation of Booth's haunts, associations, habits, and employment during the recent past. Hotel registers were overhauled, liverymen interviewed, and each clue followed up, so that in a short time enough was known to lead to the arrest of Edward Spangler, Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and Dr. Samuel
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Foundation for the Arrest of Mrs. Surratt.
Foundation for the Arrest of Mrs. Surratt.
The agents of the government, in pursuing their investigations, obtained evidence that Mrs. Surratt's house had been the meeting-place or headquarters of the conspirators, and that she was in private, confidential intercourse with Booth. One of the principal witnesses against her was Louis J. Wiechmann, who had been for several months a boarder in her house, and whose friendly relations with the family were due to the fact that he had been a fellow-student with John H. Surratt at St. Charles Col
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Arrest of Atzerodt.
Arrest of Atzerodt.
George A. Atzerodt had undertaken for his part the assassination of Vice-President Johnson. He was found to have been a frequent visitor at the Surratt house, and a boon companion of Payne, Surratt, and Booth. It was found that he had taken a room at the Kirkwood House where the Vice-President was stopping at the time. He had been assigned to room number 126, on the next floor above that on which was the room occupied by the Vice-President. He had been stopping at the Pennsylvania House from the
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Arrest of Spangler.
Arrest of Spangler.
On the strength of the facts incidentally presented in the foregoing narrative, Edward Spangler was taken into military custody, and held as a prisoner for trial. The capture of Herold has already been given. All of these prisoners were held in military custody, and under such precautions as would have rendered any attempt at rescue or escape the height of folly. In Booth's trunk a letter was found from Samuel Arnold to Booth, dated at Hookstown, Md., March 27th, 1865. This letter was signed sim
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Arrest of O'Laughlin.
Arrest of O'Laughlin.
Arnold's letter to Booth on the 27th of March, which was found in Booth's trunk, together with evidence gathered up on every hand as the investigation proceeded, led to the arrest of Michael O'Laughlin at the house of his brother-in-law, in Baltimore, on Monday, the 17th of April, the same day on which Arnold was arrested. When arrested he seemed to understand what it was for, not asking any questions about it. He had gone to Washington on the 13th and remained until Saturday, the 15th. On retur
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Arrest of Dr. Samuel A. Mudd.
Arrest of Dr. Samuel A. Mudd.
It will be remembered that in giving the history of Booth's flight, we found him and Herold at the house of Dr. S. A. Mudd, at about four o'clock on the morning of the 15th of April, they having ridden thirty miles in about six hours after leaving Washington. They would no doubt have stopped at Mudd's, even had Booth not needed his services as a surgeon, for a short respite and refreshment, as the doctor was, as we shall hereafter see, a co-conspirator with Booth. Booth's broken leg had by this
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What Sort of Trial should be given, Civil or Military?
What Sort of Trial should be given, Civil or Military?
The first question that presented itself to the government in regard to these prisoners was, as to what kind of a trial should be given them, whether civil or military? The civil courts were open in the District of Columbia at the time, and had been all through the war. There was no question that a form of trial could be had in the civil courts; but there was at the same time as little question that, under existing circumstances, such a trial would only result in a miscarriage of justice. The gr
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Opinion of the Attorney General.
Opinion of the Attorney General.
The President was assassinated at a theatre in the city of Washington. At the time of the assassination a civil war was flagrant,—the city of Washington was defended by fortifications regularly and constantly manned, the principal police of the city was by federal soldiers, the public offices and property in the city were all guarded by soldiers, and the President's house and person were, or should have been, under the guard of soldiers. Martial law had been declared in the District of Columbia,
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CHAPTER VIII. A MILITARY COMMISSION—ITS NATURE, CONSTITUTION, DUTIES, AND JURISDICTION.
CHAPTER VIII. A MILITARY COMMISSION—ITS NATURE, CONSTITUTION, DUTIES, AND JURISDICTION.
A military commission, as we have seen, is a judicial tribunal authorized by and constituted under the laws of war during a state of war. It consists of a definite number of commissioned officers designated by the order of detail. Its jurisdiction is limited, and its duties are also prescribed by that order. It is a military court detailed to try offenders against the laws of war, and clothed with power to decide both on the law and evidence in the case, and to prescribe the punishment due to th
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Charge and Specifications against David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd.
Charge and Specifications against David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd.
Charge. —For maliciously, unlawfully, and traitorously, and in aid of the existing armed rebellion against the United States of America, on or before the 6th day of March, A.D. 1865, and on divers other days between that day and the 15th day of April, A.D. 1865, combining, confederating, and conspiring together with one John H. Surratt, John Wilkes Booth, Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and other
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Charge and Specifications Indorsed.
Charge and Specifications Indorsed.
"Copy of the within charge and specification delivered to David E. Herold, George A. Atzerodt, Lewis Payne, Edward Spangler, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd, on the 8th day of May, 1865. [Signed] "J. F. Hartranft, " Brevet Major General and Special Provost Marshal General ." The accused severally plead as follows:— To the specification, "Not guilty." To the charge, "Not guilty." The Commission then proceeded to consider the rules and regulations by which it
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Plot to Burn New York City and its Attempted Execution.
Plot to Burn New York City and its Attempted Execution.
The plot to burn the city of New York was attempted to be carried out on the 25th of November, 1864. I will give the history of this attempt as narrated in his confession, by Robert C. Kennedy, one of the gang of incendiaries sent there for that purpose, who was arrested, tried, found guilty, condemned, and hanged for his crime. Before his execution he made a full confession as follows:— "After my escape from Johnson's Island I went to Canada, where I met a number of Confederates. They asked me
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CHAPTER XI. EVIDENCE PRESENTED BY THE GOVERNMENT TO SUSTAIN ITS CHARGE AND SPECIFICATIONS.
CHAPTER XI. EVIDENCE PRESENTED BY THE GOVERNMENT TO SUSTAIN ITS CHARGE AND SPECIFICATIONS.
The following letter was found in the box turned over by General Joseph A. Johnson, at Charlotte, N.C., to General Schofield, and said to contain the archives of the Confederate government:— Montgomery, White Sulphur Springs, Va. To His Excellency , the President of the Confederate States of America :— Dear Sir :—I have been thinking for some time that I would make this communication to you, but have been deterred from doing so on account of ill health. I now offer you my services, and if you wi
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CHAPTER XII. THE GOVERNMENT WITNESSES AGAINST DAVIS AND HIS ASSOCIATES IN THIS CRIME.
CHAPTER XII. THE GOVERNMENT WITNESSES AGAINST DAVIS AND HIS ASSOCIATES IN THIS CRIME.
Inasmuch as the testimony given above so completely sustains the charge and specifications made by the government against Jefferson Davis, George N. Sanders, Jacob Thompson, Beverly Tucker, Clement C. Clay, William C. Cleary, et al , that had they been before the Commission their successful defense could only have been made by impeachment of the witnesses against them, I will now show that this could not have been done. The principal witnesses in this department of the trial, in which the Commis
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CHAPTER XIII. A CRITICISM OF NICOLAY AND HAY.
CHAPTER XIII. A CRITICISM OF NICOLAY AND HAY.
Nicolay and Hay in their "Life of Lincoln" (see Century Magazine for January, 1890, p. 439), say: "The surviving conspirators, with the exception of John H. Surratt, were tried by a military commission sitting in Washington in the months of May and June. "The charges against them specified that they were 'incited and encouraged' to treason and murder by Jefferson Davis and the Confederate emissaries in Canada. This was not proven on the trial; the evidence bearing on the case showed frequent com
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Testimony of Daniel S. Eastwood.
Testimony of Daniel S. Eastwood.
The Ben Wood Draft. The following is the testimony of Daniel S. Eastwood, in regard to Jacob Thompson's bank account, and serves to account for $25,000 of his expenditures: "I am assistant manager of the Montreal branch of the Ontario Bank, Canada. I was officially acquainted with Jacob Thompson, formerly of Mississippi, who has for some time been sojourning in Canada, and have knowledge of his account with our bank, a copy of which was presented to this Commission by Mr. Campbell, our assistant
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Note and Affidavit of L. J. Wiechmann.
Note and Affidavit of L. J. Wiechmann.
Col. H. L. Burnett , Judge Advocate , Cincinnati, Ohio:— Colonel :—I stated before the Commission at Washington that I commenced to board with Mrs. Surratt in November, 1864. As a general thing I remained at home during the evenings, and consequently I heard many things which were then intended to blind me, but which now are as clear as daylight. The following facts, which have come to my recollection since the renditon of my testimony, may be of interest:— I once asked Mrs. Surratt what her son
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CHAPTER XVI. FATHER WALTER.
CHAPTER XVI. FATHER WALTER.
From the time of the trial of the conspirators by a military commission, and of the execution of Mrs. Surratt by the order of President Johnson, Father Walter, a secular priest of Washington City, has made himself conspicuous by his efforts to pervert public opinion on the result of the trial of the conspirators by the Commission. Whilst rebel lawyers, editors, and politicians have boldly assailed the lawfulness of the Commission, and have denounced it as an unconstitutional tribunal, and have c
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CHAPTER XVII. CONCLUSION.
CHAPTER XVII. CONCLUSION.
Now come the United States and challenge an intelligent and candid world to say whether or not, in the light of all this evidence, they have vindicated their dignity and honor by showing that they had just grounds for charging Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, with combining, confederating and conspiring together with one John Wilkes Booth and John Harrison Surratt to kill and m
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CHAPTER XVIII. FLIGHT AND CAPTURE OF JOHN H. SURRATT.
CHAPTER XVIII. FLIGHT AND CAPTURE OF JOHN H. SURRATT.
The presence of John H. Surratt in Washington City on the day of the assassination was proven before the Military Commission by a single witness. This witness, however, was a man who was personally acquainted with him, and who swore positively to having seen him on that day. His testimony was given about a month after the event, and the circumstance was fresh in his memory. He stated the time of the day when, and the place where, he saw him; described his dress, the kind of hat he was wearing, e
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CHAPTER I. INDICTMENT AND TRIAL.
CHAPTER I. INDICTMENT AND TRIAL.
On the 4th day of February, 1867, the grand jury for the county of Washington, District of Columbia, found an indictment against John H. Surratt for the murder of Abraham Lincoln. The indictment contained four counts. The first count charged him with the murder of one Abraham Lincoln at the county of Washington, District of Columbia, on the 14th day of April, 1865. The second count charged that John H. Surratt and John Wilkes Booth did, on the 14th day of April, 1865, make an assault upon one Ab
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CHAPTER II. A CRITICISM OF THE DEFENSE.
CHAPTER II. A CRITICISM OF THE DEFENSE.
It now remains for the writer to review the course of the defense in this trial, and to point out its policy, its spirit, its perversion of facts, and disregard of evidence in carrying out its purpose to appeal, first, to the prejudice of the jury, and then to pervert public opinion. The prisoner was defended by counsel of known and acknowledged ability—men of reputation for their knowledge of law, and ability as advocates at the bar. But despite all this, their defense of Surratt was as unique
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Side Lights on the Conspiracy.
Side Lights on the Conspiracy.
John Matthews gives us the substance of a paper put into his hands by Booth on the afternoon of the assassination, which closed as follows: "Men who love their country better than their lives—Booth, Payne, Atzerodt, and Herold." 33 It will be observed that Booth here identifies Atzerodt with the conspiracy and the evidence shows that he relied on Atzerodt at that time to perform the part he assigned to him: to assassinate Vice-President Johnson. He had transferred Atzerodt from the Pennsylvania
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APPENDIX.
APPENDIX.
In presenting the great argument of the Hon. John A. Bingham, Assistant Judge-Advocate, on the trial of the assassins, the author feels that he does not need to offer an apology to his readers, notwithstanding its length. In addition to what he has already said by way of commending it to the careful perusal of his readers, he will add by way of preface, the following extracts from Barnes's 40th Congress, Vol. 1, showing the light in which that great effort was viewed by competent judges at the t
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Extracts from "The Fortieth Congress of the United States." By William H. Barnes:—1st Vol., 40th Congress.
Extracts from "The Fortieth Congress of the United States." By William H. Barnes:—1st Vol., 40th Congress.
Mr. Bingham served as Special Judge Advocate in the great trial of the conspirators, who were tried for the assassination of Abraham Lincoln, etc. Immense labor devolved upon him during this difficult and protracted trial, and for eight weeks his arduous duties allowed him but brief intervals of rest. He occupied nine hours in the delivery of the closing arguments, in which he ably elucidated the law and the testimony in the case, and conclusively proved the guilt of the conspirators. Mr. Bingha
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ARGUMENT OF JOHN A. BINGHAM, Special Judge Advocate, IN REPLY TO THE SEVERAL ARGUMENTS IN DEFENCE OF MARY E. SURRATT AND OTHERS, CHARGED WITH CONSPIRACY AND THE MURDER OF ABRAHAM LINCOLN, LATE PRESIDENT OF THE UNITED STATES, ETC.
ARGUMENT OF JOHN A. BINGHAM, Special Judge Advocate, IN REPLY TO THE SEVERAL ARGUMENTS IN DEFENCE OF MARY E. SURRATT AND OTHERS, CHARGED WITH CONSPIRACY AND THE MURDER OF ABRAHAM LINCOLN, LATE PRESIDENT OF THE UNITED STATES, ETC.
May it please the Court : The conspiracy here charged and specified, and the acts alleged to have been committed in pursuance thereof, and with the intent laid, constitute a crime the atrocity of which has sent a shudder through the civilized world. All that was agreed upon and attempted by the alleged inciters and instigators of this crime constitutes a combination of atrocities with scarcely a parallel in the annals of the human race. Whether the prisoners at your bar are guilty of the conspir
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A Paper read by Gen. Henry L. Burnett, late U. S. V., at a Meeting of the Commandery, State of New York, Military Order, Loyal Legion, April 3, 1889.
A Paper read by Gen. Henry L. Burnett, late U. S. V., at a Meeting of the Commandery, State of New York, Military Order, Loyal Legion, April 3, 1889.
Perhaps no incident connected with the trial of the assassins of President Lincoln created more general interest—was so much discussed and commented upon by the public press, or aroused deeper feeling of antagonism and bitterness between two public men, than the charge by President Johnson that the Judge Advocate General, Judge Holt, had withheld or suppressed the recommendation to mercy of Mrs. Surratt, signed by five members of the commission, when he represented to him, the President, the rec
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