Abraham Lincoln - American Memory

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^«^M 74 The learned gentleman, (Mr. Cox,) in his very able and care- fully considered argument in defence of O'Laughlin and Arnold, at- tached importance to this letter, and doubtless very clearly saw its bearing upon the case, and therefore undertook to show that the witness, Mrs. Hudspeth, must be mistaken as to the person of Booth. The gentleman assumes that the letter of General Dix, of the 17th of November last, transmitting this letter to the "War Department, reads that the party who dropped the letter was heard to say that he would start to Washington on Friday night next, although the word " next" is not in the letter, neither is it in the quotation which the gentleman makes, for he quotes it fairly; yet he concludes that this would be the 18th of November. Now the fact is, the I lth of November last was Friday, and the register of the National Hotel bears witness that Mrs. Hudspeth is not mistaken; because her language is, that Booth said he would leave for Washington day after to-morrow, which would be Sunday, the 13th, and if in the evening, would bring him to Washington on Monday, the 14th of November, the day on which, the register shows, he did return to the National Hotel. As to the improbability which the gentleman raises, on the conversation happening in a street car, crowded with people, there was nothing that transpired, although the conversation was earnest, which enabled the witness, or could have enabled any one, in the absence of this letter, or of the subsequent conduct of Booth, to form the least idea of the subject-matter of their conversation. The gentleman does not deal altogether fairly in his remarks touching the letter of General Dix; because, upon a careful examina- tion of the letter, it will be found that he did not form any such judg- ment as that it was a hoax for the Sunday Mercury, but he took care to forward it to the Department, and asked attention to it; when, as appears by the testimony of the Assistant Secretary of War, Mr. Dana, the letter was delivered to Mr. Lincoln, who considered it im- portant enough to indorse it with the word "Assassination," and file it in his office, where it was found after the commission of this crime, and brought into this court to bear witness against his assassins. Although this letter would imply that the assassination spoken of was to take place speedily, yet the party was to bide his time. Though he had entered into the preliminary arrangements in Canada, although conspirators had doubtless agreed to co-operate with him in the commission of the crime, and lots had been cast for the chief part in the bloody drama, yet it remained for him, as the leader and principal of the hired assassins, by whose hand their employers were to strike
75 the murderous blow, to collect about him and bring to Washington such persons as would be willing to lend themselves for a price to the horrid crime and likely to give the necessary aid and support in its consummation. The letter declares that Abraham Lincoln must die, and now, meaning as soon as the agents can be employed and the work done. To that end you will bide your time. But, says the gentleman, it could not have been the same conspiracy charged here to which this letter refers. Why not? It is charged here that Booth with the accused and others conspired to kill and murder Abraham Lincoln—that is precisely the conspiracy disclosed in the letter. Granted that the parties on trial had not then entered into the combination; if they at any time afterward entered into it they became parties to it, and the conspiracy was still the same. But, says the gentleman, the words of the letter imply that the conspiracy was to be executed within the fortnight. Booth is directed, by the name of Louis, to meet the writer within the fortnight. It by no means follows that he was to strike within the fortnight, because he was to meet his co-conspirator within that time, and any such conclusion is ex- cluded by the words '' Bide your time." Even if the conspiracy was to be executed within the fortnight, and was not so executed, and the same party, Booth, afterwards by concert and agreement with the accused and others did execute it by "striking sure" and killing the President, that act, whenever done, would be but the execution of the same conspiracy. The letter is conclusive evidence of so much of this conspiracy as relates to the murder of President Lincoln. As Booth was to do anything but fail, he immediately thereafter sought out the agents to enable him to strike sure, and execute all that he had agreed with Davis and his co-confederates in Canada to do—to murder the President, the Secretary of State, the Vice President, Gen- eral Grant, and Secretary Stanton. Even Booth's co-conspirator, Payne, now on his trial, by his defence admits all this, and says Booth had just been to Canada, "was filled with a mighty scheme, and was lying in wait for agents." Booth asked the co-operation of the prisoner Payne, and said : "I will give you as much money as you want; but first you must swear to stick by me. It is in the oil business." This you are told by the accused was early in March last. Thus guilt bears witness against itself. We find Booth in New York in November, December, and January, urging Chester to enter into this combination, assuring him that there was money in it; that they had "friends on the other side;" that if he would only participate in it he would never want for money while MM
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TRIAL OF THE CONSPIRATORS FOR THE A
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The crime charged and specified upo
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.-..,.- 6 the conspirators be numer
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8 President a mere nullity, a usurp
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10 question that it does not exist,
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12 Ml objected to the same stern ju
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14 •heir serene brows to the dust
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16 be tried for any crime whatever,
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18 veteran and hero, General Scott,
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20 lighten us in regard to the ques
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22 but as an institution as permane
Page 24 and 25: 24 subject property on tbe seas to
Page 26 and 27: 2G by indictment, in terms embracin
Page 28 and 29: V wmm 28 by citizens in time of war
Page 30 and 31: 30 authorize it—bis office not be
Page 32 and 33: mm V 32 tution of the United States
Page 34 and 35: • 34 people of the several States
Page 36 and 37: TL. - 36 great extent, inoperative
Page 38 and 39: 38 his great decision in. the case
Page 40 and 41: 40 tion. suspend as far as may be n
Page 42 and 43: V 42 privilege of the writ of habea
Page 44 and 45: 44 proceed no farther in the cause
Page 46 and 47: "•• V 46 that the learned gentl
Page 48 and 49: V ———— 48 ria, cli. 35, ent
Page 50 and 51: V 50 MAT IT PLEASE THE COURT: I hav
Page 52 and 53: 52 actually assembled, for the purp
Page 54 and 55: N 54 in the service of the rebellio
Page 56 and 57: 56 as devastate the country of the
Page 58 and 59: 58 Jefferson Davis was as strongly
Page 60 and 61: 60 rebellion. You hear it in the re
Page 62 and 63: 62 suggested in the letter of Oldha
Page 64 and 65: 64 that Booth was one of the party
Page 66 and 67: 66 also George Harper, one of the c
Page 68 and 69: 68 the meeting of Thompson and Surr
Page 70 and 71: V 70 Jefferson Davis's purpose to m
Page 72 and 73: . _.dMi •9M 72 Mr. Kerr, who woul
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Page 78 and 79: 78 Richmond, which the gentleman (M
Page 80 and 81: 80 that the proprietor admits that
Page 82 and 83: N 82 says he went to Gardner's part
Page 84 and 85: 84 Mr. Norton identifies the prison
Page 86 and 87: ^ 86 him in this conspiracy to murd
Page 88 and 89: «i V 88 and Arnold, was the declar
Page 90 and 91: 90 I shall be better prepared to ag
Page 92 and 93: 92 and unimpeachable witnesses who
Page 94 and 95: ~"3i 94 was arrested, in which he d
Page 96 and 97: 9 96 previous to the assassination,
Page 98 and 99: 98 John had gone away not to return
Page 100 and 101: 4 W 100 except that he was bound to
Page 102 and 103: 102 the two about which Weichmann t
Page 104 and 105: V 104 of which could be readily ins
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Page 108 and 109: 108 House, and left his card, now i
Page 110 and 111: 110 eight revolvers, the Derringer,
Page 112 and 113: 112 Atzerodt, near midnight, return
Page 114 and 115: 114 there last fall, he knew that o
Page 116 and 117: 116 merely a suspicious person, but
Page 118 and 119: 118 '18th of April, when he said th
Page 120 and 121: V 120 from the negotiation of bills
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Abraham Lincoln - American Memory

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