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N 82 says he went to Gardner's party ; second, he went to Giesboro, then to Washington. She does not know in what month he was away, the second time, all night. She only knows where he went, from what he and his wife said, which is not evidence; but she does testify that when he left home and was absent over night, the second time, it was about two or three weeks after she came to his house, which w T ould, if it were three weeks, make it just about the 15th of January, 1865; because she swears she came to his house on the first Monday after Christmas last, which was the 26th day of December; so that the 15th of January would be three weeks, less one day, from that time; and it might have been a week earlier according to her testimony, as, also, it might have been a week earlier, or more, by Weichmann's testimony, for he is not positive as to the time. What I have said of the register of the Pennsylvania House, the headquar- ters of Mudd and Atzerodt, I need not here repeat. That reccrd proves nothing, save that Dr. Mudd was there on the 23d of Decem- ber, which, as we have seen, is a fact, along with others, to show that the meeting at the National then took place. I have also called the attention of"the court to the fact that if Mudd was at that house again in January, and did not register his name, that fact proves nothing; or, if he did, the register only proves that he registered falsely; either of which facts might have happened without the knowledge of the witness called by the accused from that house, who does not know Samuel A. Mudd personally. The testimony of Henry L. Mudd, his brother, in support of this alibi, is, that the prisoner was in Washington on the 23d of March, and on the 1 Oth of April, four days before the murder ! But he does not account for the absent night in January, about which Betty Washington testifies. Thomas Davis was called for the same purpose, but stated that he was himself absent one night in January, alter the 9th of that month, and he could not say whether Mudd was there on that night or not. He does testify to Mudd's absence over night three times, and fixes one occasion on the night of the 26th of January. In consequence of his own absence one night in January, this witness cannot account for the absence of Mudd on the night referred to by Betty Washington. This matter is entitled to no further attention. It can satisfy no one, and the burden of proof is upon the prisoner to prove that he was not in Washington in January last. How can such testimony convince any rational man that Mudd was not here in January, against the evidence of an unimpeached witness, who swears that Samuel A.
83 Mudd was in Washington in the month of January ? Who that has been examined here as a witness knows that he was not ? The Rev. Mr. Evans swears that he saw him in Washington last winter, and that at the same time he saw Jarboe, the one coming out of, and the other going into, a house on H street, which he was in- formed on inquiry was the house of Mrs. Surratt. Jarboe is the only witness called to contradict Mr. Evans, and he leaves it in extreme doubt whether he does not corroborate him, as he swears that he was here himself last winter or fall, but cannot state exactly the time. Jarboe's silence on questions touching his own credibility leaves no room for any one to say that his testimony could impeach Mr. Evans, whatever he might swear. Miss Anna H. Surratt is also called for the purpose of impeaching Mr. Evans. It is sufficient to say of her testimony on that point that she swears negatively only—that she did not see either of the persons named at her mother's house. This testimony neither disproves, nor does it even tend to disprove, the fact put in issue by Mr. Evans.. No one will pretend, whatever the form of her expression in giving her testimony, that she could say more than that she did not know the fact, as it was impossible that she could know who was, or who was not, at her mother's house, casually, at a period so remote. It is not my purpose, neither is it needful here, to question in any way the integrity of this young woman. It is further in testimony that Samuel A. Mudd was here on the 3d day of March last, the day preceding the inauguration, when Booth was to strike the traitorous blow ; and it was, doubtless, only by the interposition of that God who stands within the shadow and keeps watch above his own, that the victim of this conspiracy was spared that day from the assassin's hand that he might complete his work and see the salvation of his country in the fall of Richmond and the surrender of its great army. Dr. Mudd was here on that day (the 3d of March) to abet, to encourage, to nerve his co-conspira- tor for the commission of this great crime. He was carried away by the awful purpose which possessed him, and rushed into the room of Mr. Norton at the National Hotel in search of Booth, exclaiming ex- citedly: "I'm mistaken; I thought this was Mr. Booth's room." He is told Mr. Booth is above, on the next floor. He is followed by Mr. Norton, because of his rude and excited behavior, and being followed, conscious of his guilty errand, he turns away, afraid of himself and afraid to be found in concert with his fellow confederate.
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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
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24 subject property on tbe seas to
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2G by indictment, in terms embracin
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V wmm 28 by citizens in time of war
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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
Page 74 and 75: ^«^M 74 The learned gentleman, (Mr
Page 76 and 77: V 76 he lived, and all that was ask
Page 78 and 79: 78 Richmond, which the gentleman (M
Page 80 and 81: 80 that the proprietor admits that
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
Page 106 and 107: V 106 save by some evidence which t
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
Page 122: N 122 selves ; his act, done in the
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Abraham Lincoln - American Memory

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