From the official record the following is taken:--

Question.--Will you state whether or not some five or six weeks

before the assassination of the President, any or all of these men

about whom I have inquired came to your house?

Answer.--They were there.

Q.--All three together?

A.--Yes; John H. Surratt, Herold, and Atzerodt were there together.

Q.--What did they bring to your house, and what did they do there?

A.--When they drove up there in the morning, John H. Surratt and

Atzerodt came first; they went from my house and went toward T. B.,

a post office kept about five miles below there. They had not been

gone more than half an hour when they returned with Herold; then the

three were together--Herold, Surratt, and Atzerodt.

Q.--What did they bring to your house?

A.--I saw nothing until they all three came into the bar-room, I

noticed one of the buggies--the one I supposed Herold was driving

or went down in--standing at the front gate. All three of them,

when they came into the bar-room, drank, I think, and then John

Surratt called me into the front parlor, and on the sofa were two

carbines, with ammunition. I think he told me they were carbines.

Q,--Anything besides the carbines and ammunition?

A,--There was also a rope and a monkey-wrench.

Q.--How long a rope?

A.--I cannot tell. It was a coil--a right smart bundle--probably

sixteen to twenty feet.

Q.--Were those articles left at your house?

A.--Yes, sir; Surratt asked me to take care of them, to conceal the

carbines. I told him that there was no place to conceal them, and I

did not wish to keep such things in the house.

Q.--You say that he asked you to conceal those articles for him?

A.--Yes, sir; he asked me to conceal them. I told him there was no

place to conceal them. He then carried me into a room that I had

never been in, which was just immediately above the store room, as

it were, in the back building of the house. I had never been in that

room previous to that time. He showed me where I could put them,

underneath the joists of the house--the joists of the second floor

of the main building. This little unfinished room will admit of

anything between the joists.

Q.--Were they put in that place?

A.--They were put in there according to his directions.

Q.--Were they concealed in that condition?

A.--Yes, sir: I put them in there. I stated to Colonel Wells

through mistake that Surratt put them there; but I put them in there

myself, I carried the arms up myself.

Q.--How much ammunition was there?

A.--One cartridge box.

Q.--For what purpose, and for how long, did he ask you to keep

these articles?

A.--I am very positive that he said that he would call for them in

a few days. He said that he just wanted them to stay for a few days

and he would call for them.

It also appears in evidence against Mrs. Surratt, if the testimony

is to be relied on, that on the Tuesday previous to the murder of

the President, the eleventh of April, she met John M. Lloyd, a

witness for the prosecution, at Uniontown, when, the following took

place:--

Question by the judge advocate:--Did she say anything to you in

regard to those carbines?

Answer.--When she first broached the subject to me, I did not know

what she had reference to; then she came out plainer, and I am quite

positive she asked me about the "shooting irons." I am quite

positive about that, but not altogether positive. I think she named

"shooting irons" or something to call my attention to those things,

for I had almost forgot about their being there. I told her that

they were hid away far back--that I was afraid that the house

would be searched, and they were shoved far back. She told me to get

them out ready; they would be wanted soon.

Q.--Was her question to you first, whether they were still there,

or what was it?

A.--Really, I cannot recollect the first question she put to me. I

could not do it to save my life.

On the afternoon of the fourteenth of April, at about half-past five

Lloyd again met Mrs. Surratt, at Surrattsville, at which time,

according to his version, she met him by the woodpile near the house

and told him to have those shooting irons ready that night as there

would be some parties calling for them, and that she gave him

something wrapped in a piece of paper, and asked him to get two

bottles of whisky ready also. This mesage to Mr. Lloyd is the

second item of importance against Mrs. Surratt, and in support of

the specification against her. The third and last fact that makes

against her in the minds of the court is the one narrated by Major

H. W. Smith, a witness for the prosecution, who states that while at

the house of Mrs. Surratt, on the night of the seventeenth of April,

assisting in making arrest of its inmates, the prisoner, Payne, came

in. He (Smith) stepped to the door of the parlor and said,

"Mrs. Surratt, will you step here a minute?" As Mrs. Surratt came

forward, he asked her this question, "Do you know this man?" She

replied, quoting the witness's language, "Before God, sir, I do not

know this man, and I have never seen him." An addition to this is

found in the testimony of the same witness, as he was drawn out by

the judge advocate. The witness repeats the language of

Mrs. Surratt, "Before God, sir, I do not know this man, and I have

never seen him, and did not hire him to dig a gutter for me." The

fact of the photographs and card of the State arms of Virginia have

ceased to be of the slightest importance, since the explanations

given in evidence concerning them, and need not be alluded to. If

there is any doubt as to whom they all belonged, reference to the

testimony of Misses Surratt and Fitzpatrick will settle it.

These three circumstances constitute the part played by the accused,

Mary E. Surratt, in this great conspiracy. They are the acts she

has done. They are all that two months of patient and unwearying

investigation, and the most thorough search for evidence that was

probably ever made, have been able to develop against her. The

acquaintance with Booth, the message to Lloyd, the nonrecognition of

Payne, constitute the sum total of her receiving, entertaining,

harboring and concealing, aiding and assisting those named as

conspirators and their confederates, with knowledge of the murderous

and traitorous conspiracy; and with intent to aid, abet, and assist

them in the execution thereof, and in escaping from justice. The

acts she has done, in and of themselves are perfectly innocent. Of

themselves they constitute no crime. They are what you or I or any

of us might have done. She received and entertained Booth, the

assassin, and so did a hundred others. She may have delivered a

message to Lloyd--so have a hundred others. She might have said

she did not know Payne--and who within the sound of my voice can

say they know him now? They are ordinary and commonplace

transactions, such as occur every day and to almost everybody. But

as all the case against her must consist in the guilty intent that

will be attempted to be connected with these facts, we now propose

to show that they are not so clearly proven as to free them from

great doubt, and, therefore, we will inquire:--

2. How are these acts proven? Solely by the testimony of Louis

J. Weichmann and John M. Lloyd. Here let us state that we have no

malice toward either of them, but if in the analysis of their

evidence we should seem to be severe, it is that error and duplicity

may be exposed and innocence protected.

We may start out with the proposition that a body of men banded

together for the consummation of an unlawful act against the

government, naturally would not disclose their purpose and hold

suspicious consultations concerning it in the presence continually

of an innocent party. In the light of this fair presumption let us

look at the acts of Weichmann, as disclosed by his own testimony.

Perhaps the most singular and astonishing fact that is made to

appear is his omnipresence and co-action with those declared to be

conspirators, and his professed and declared knowledge of all their

plans and purposes. His acquaintance with John H. Surratt commenced

in the fall of 1859, at St. Charles, Maryland. In January 1863 he

renewed his acquaintance with him in this city. On the first of

November, 1864, he took board and lodging with Mrs. Surratt at her

house, No. 541 H. Street, in this city. If this testimony is

correct, he was introduced to Booth on the fifteenth day of January,

1865. At this first, very first meeting, he was invited to Booth's

room at the National, where he drank wine and took cigars at Booth's

expense. After consultation about something in an outer passage

between Booth and the party alleged to be with him by Weichmann,

they all came into the room, and for the first time business was

proceeded with in his presence. After that he met Booth in

Mrs. Surratt's parlor and in his own room, and had conversations

with him. As near as Weichmann recollects, about three weeks after

his introduction he met the prisoner, Atzerodt, at Mrs. Surratt's.

(How Atzerodt was received at the house will be referred to.) About

the time that Booth played Pescara in the 'Apostate' at Ford's

Theatre, Weichmann attended the theatre in company with Surratt and

Atzerodt. At the theatre they were joined by Herold. John

T. Holohan, a gentleman not suspected of complicity in the great

tragedy, also joined the company at the theatre. After the play was

over, Surratt, Holohan, and himself went as far as the corner of

Tenth and E Streets, when Surratt, noticing that Atzerodt and Herold

were not with them, sent Weichmann back for them. He found them in

a restaurant with Booth, by whose invitation Weichmann took a drink.

After that the entire party went to Kloman's, on Seventh Street, and

had some oysters. The party there separated, Surratt, Weichmann,

and Holohan going home. In the month of March last the prisoner,

Payne, according to Weichmann, went to Mrs. Surratt's house and

inquired for John H. Surratt. "I, myself," says Weichmann, "went to

open the door, and he inquired for Mr. Surratt I told him

Mr. Surratt was not at home; but I would introduce him to the

family, and did introduce him to Mrs. Surratt--under the name of

Wood." What more? By Weichmann's request Payne remained in the

house all night. He had supper served him in the privacy of

Weichmann's own room. More than that, Weichmann went down into the

kitchen and got the supper and carried it up to him himself, and as

nearly as he recollects, it was about eight weeks previous to the

assassination; Payne remained as Weichmann's guest until the nest

morning, when he left on the early train for Baltimore. About three

weeks after that Payne called again. Says Weichmann, "I again went

to the door, and I again ushered him into the parlor." But he adds

that he had forgotten his name, and only recollected that he had

given the name of Wood on the former visit, when one of the ladies

called Payne by that name. He who had served supper to Payne in his

own room, and had spent a night with him, could not recollect for

three weeks the common name of "Wood," but recollects with such

distinctness and particularity scenes and incidents of much greater

age, and by which he is jeopardizing the lives of others. Payne

remained that time about three days, representing himself to the

family as a Baptist preacher; claiming that he had been in prison in

Baltimore for about a week; that he had taken the oath of allegiance

and was going to become a good loyal citizen. To Mrs. Surratt this

seemed eccentric, and she said "he was a great-looking Baptist

preacher." "They looked upon it as odd and laughed about it." It

seemed from Weichmann's testimony that he again shared his room with

Payne. Returning from his office one day, and finding a false

mustache on the table in his room, he took it and threw it into his

toilet box, and afterward put it with a box of paints into his

trunk. The mustache was subsequently found in Weichmann's baggage.

When Payne, according to Weichmann's testimony, inquired, "Where is

my mustache?" Weichmann said nothing, but "thought it rather queer

that a Baptist preacher should wear a false mustache." He says that

he did not want it about his room--"thought no honest person had any

reason to wear a false mustache," and as no "honest person" should

be in possession of it, he locked it up in his own trunk. Weichmann

professes throughout his testimony the greatest regard and

friendship for Mrs. Surratt and her son. Why did he not go to

Mrs. Surratt and communicate his suspicions at once? She, an

innocent and guileless woman, not knowing what was occurring in her

own house; he, the friend, coming into possession of important

facts, and not making them known to her, the head of the household,

but claiming now, since this overwhelming misfortune has fallen upon

Mrs. Surratt, that, while reposing in the very bosom of the family

as a friend and confidant, he was a spy and an informer, and, that,

we believe, is the best excuse the prosecution is able to make for

him. His account and explanation of the mustache would be treated

with contemptuous ridicule in a civil court.

But this is not all. Concede Weichmann's account of the mustache to

be true, and if it was not enough to rouse his suspicions that all

was not right, he states that, on the same day, he went to Surratt's

room and found Payne seated on the bed with Surratt, playing with

bowie knives, and surrounded with revolvers and spurs. Miss Honora

Fitzpatrick testifies that Weichmann was treated by Mrs. Surratt

"more like a son than a friend." Poor return for motherly care!

Guilty knowledge and participation in crime or in wild schemes for

the capture of the President would be a good excuse for not making

all this known to Mrs. Surratt. In speaking of the spurs and

pistols, Weichmann knew that there were just eight spurs and two

long navy revolvers. Bear in mind, we ask you, gentlemen of the

commission, that there is no evidence before you showing that

Mrs. Surratt knew anything about these things. It seems farther on,

about the nineteenth of March, that Weichmann went to the Herndon

House with Surratt to engage a room. He says that he afterwards

learned from Atzerodt that it was for Payne, but contradicts himself

in the same breath by stating that he inquired of Atzerodt if he

were going to see Payne at the Herndon House. His intimate

knowledge of Surratt's movements between Richmond and Washington,

fixing the dates of the trips with great exactitude; of Surratt's

bringing gold back; of Surratt's leaving on the evening of the third

of April for Canada, spending his last moments here with Weichmann;

of Surratt's telling Weichmann about his interview with Davis and

Benjamin--in all this knowledge concerning himself and his

associations with those named as conspirators he is no doubt

truthful, as far as his statements extend; but when he comes to

apply some of this knowledge to others, he at once shakes all faith

in his testimony bearing upon the accused.

"Do you remember," the question was asked him, "early in the month

of April, of Mrs. Surratt having sent for you and asking you to give

Mr. Booth notice that she wished to see him?"

Weichmann stated in his reply that she did, that it was on the

second of April, and that he found in Mr. Booth's room John

McCullough, the actor, when he delivered the message. One of two

things to which he swears in this statement cannot be true; 1. That

he met John McCullough in Booth's room, for we have McCullough's

sworn statement that at that time he was not in the city of

Washington, and if, when he delivered the message to Booth,

McCullough was in the room, it could not have been the second of

April.

ST. LAWRENCE HALL. MONTREAL, June 3. 1865.

I am an actor by profession, at present fulfilling an engagement at

Mr. Buckland's theatre, in this city. I arrived here on the twelfth

of May. I performed two engagements at Ford's Theatre in Washington,

during the past winter, the last one closing on Saturday evening,

twenty-fifth of March. I left Washington Sunday evening,

twenty-sixth of March, and have not been there since. I have no

recollection of meeting any person by the name of Weichmann.

--John McCullough.

Sworn to and before me, at the United States Consulate General's, in

Montreal, this third day of June, A.D. 1865.

C. H. POWERS, U. S. Vice Consul-General.

If he can be so mistaken about those facts, may he not be in regard

to that whole transaction? It is also proved by Weichmann that

before Mrs. Surratt started for the country, on the fourteenth of

April, Booth called; that he remained three or four minutes, and

then Weichmann and Mrs. Surratt started for the country.

All this comes out on his first examination in chief. The following

is also told in his first cross-examination: Mrs. Surratt keeps a

boarding house in this city, and was in the habit of renting out her

rooms, and that he was upon very intimate terms with Surratt; that

they occupied the same room; that when he and Mrs. Surratt went to

Surrattsville on the fourteenth, she took two packages, one of

papers, the contents of the other were not known. That persons have

been in the habit of going to Mrs. Surratt's and staying a day or

two; that Atzerodt stopped in the house only one night; that the

first time Payne came to the house he was dressed genteelly, like a

gentleman; that he heard both Mrs. Surratt and her daughter say that

they did not care about having Atzerodt brought to the house; and at

the conclusion, in swearing as to Mrs. Surratt's character, he said

it was exemplary and lady-like in every respect, and apparently, as

far as he could judge, she was all the time, from the first of

November up to the fourteenth of April, "doing her duties to God and

man." It also distinctly appears that Weichmann never had any

conversation with Mrs. Surratt touching any conspiracy. One thing

is apparent to our minds, and it is forced upon us, as it must be

upon every reasonable mind, that in order to have gained all this

knowledge Weichmann must have been within the inner circle of the

conspiracy. He knows too much for an innocent man, and the

conclusion is perfectly irresistible that if Mrs. Surratt had

knowledge of what was going on, and had been, with others, a

_particeps_ _criminis_ in the great conspiracy, she certainly would

have done more than she did or has been shown against her, and

Weichmann would have known it. How does her nonrecognition of

Payne, her acquaintance with Booth, and the delivery of the message

to Lloyd, compare with the long and startling array of facts proved

against Weichmann out of his own mouth? All the facts point

strongly to him as a co-conspirator.

Is there a word on record of conversation between Booth and

Mrs. Surratt? That they did converse together, we know; but if

anything treasonable had passed between them, would not the quick

ears of Weichmann have caught it, and would not he have recited it

to this court?

When Weichmann went, on Tuesday, the eleventh of April, to get

Booth's buggy, he was not asked by Mrs. Surratt to get ten

dollars. It was proffered by Booth, according to Weichmann, and

he took it. If Mrs. Surratt ever got money from Booth she paid

it back to him. It is not her character to be in anyone's debt.

There was no intimacy with Booth, as Mrs. Surratt has proved, but

only common acquaintance, and such as would warrant only occasional

calls on Booth's part, and only intimacy would have excused

Mrs. Surratt to herself in accepting such a favor, had it been made

known to her. Moreover, Miss Surratt has attested to remarks of her

brother, which prove that intimacy of Booth with his sister and

mother were not considered desirable by him.

The preceding facts are proven by statements made by Weichmann

during his first examination. But, as though the commission had not

sufficiently exposed the character of one of its chief witnesses in

the role of grand conspirator, Weichmann is recalled and further

attests to the genuineness of the following telegram:

NEW YORK, March 23d, 1865.--To WEICHMANN, Esq., 541 H St.--Tell John

telegraph number and street at once. [Signed] J. BOOTH.

What additional proof of confidential relations between Weichmann

and Booth could the court desire? If there was a conspiracy planned

and maintained among the persons named in the indictment, Weichmann

must have had entire knowledge of the same, else he had not been

admitted to that degree of knowledge to which he testifies; and in

such case, and in the alleged case of Mrs. Surratt's complicity,

Weichmann must have known the same by circumstances strong enough to

exclude doubt, and in comparison with which all present facts of

accusation would sink into insignificance.

We proceed to the notice and review of the second chief witness of

the prosecution against Mrs. Surratt, John M. Lloyd. He testifies

to the fact of a meeting with Mrs. Surratt at Uniontown on the

eleventh of April, 1865, and to a conversation having occurred

between Mrs. Surratt and himself in regard to which he states: "I am

quite positive she asked me about the 'shooting irons'; I am quite

positive about that, but not altogether positive. I think she named

shooting irons, or something to call my attention to those things,

for I had almost forgotten about their being there." Question.--

"Was her question to you first, whether they were there, or what was

it?" Answer.--"Really, I cannot recollect the first question she

put to me--I could not do it to save my life." The question was

asked Lloyd, During this conversation, was the word 'carbine'

mentioned? He answered, "No. She finally came out (but I cannot be

determined about it, that she said shooting irons), and asked me in

relation to them." The question was then asked, "Can you swear on

your oath, that Mrs. Surratt mentioned the words 'shooting irons'

to you at all?" A.--"I am very positive she did." Q. __ "Are you

certain?" A.--"I am very positive that she named shooting irons

on both occasions. Not so positive as to the first as I am about

the last."

Here comes in the plea of "reasonable doubt." If the witness himself

is not absolutely positive as to what occurred, and as to the

conversation that took place, how can the jury assume to act upon it

as they would upon a matter personally concerning themselves?

On this occasion of Mrs. Surratt's visit to Uniontown, three days

before the assassination, where she met Lloyd, and where this

conversation occurred between them, at a time when Lloyd was, by

presumption, sober and not intoxicated, he declares definitely

before the commission that he is unable to recollect the

conversation, or parts of it, with distinctness. But on the

fourteenth of April, and at a time when, as testified by his

sister-in-law, he was more than ordinarily affected by intoxicating

drink,--and Captain Gwynn, James Lusby, Knott, the barkeeper, and

others, corroborate the testimony as to his absolute inebriation--

he attests that he positively remembers that Mrs. Surratt said to

him, "'Mr. Lloyd, I want you to have those shooting irons

ready. That a person would call for them.' That was the language

she made use of, and she gave me this other thing to give to whoever

called."

In connection with the fact that Lloyd cannot swear positively that

Mrs. Surratt mentioned "shooting irons" to him at Uniontown, bear

in mind the fact that Weichmann sat in the buggy on the same seat

with Mrs. Surratt, and he swears that he heard nothing about

"shooting irons." Would not the quick ears of Weichmann have heard

the remark had it been made?

The gentlemen of the commission will please recollect that these

statements were rendered by a man addicted to excessive use of

intoxicating liquors; that he was even inordinately drunk at the

time referred to; that he had voluntarily complicated himself in the

concealment of the arms by John H. Surratt and his friends; that he

was in a state of maudlin terror when arrested and when forced to

confess; that for two days he maintained denial of all knowledge

that Booth and Herold had been at his house; and that at last, and

in the condition referred to, he was coerced by threats to confess,

and into a weak and common effort to exculpate himself by the

accusation of another and by statements of conversation already

cited. Notwithstanding his utter denial of all knowledge of Booth

and Herold having called at his house, it afterward appears, by his

own testimony, that immediately Herold commanded him (Lloyd) "For

God's sake, make haste and get those things," he comprehended what

"things" were indicated, without definition, and brought forth both

carbines and whisky. He testifies that John H. Surratt had told

him, when depositing the weapons in concealment in his house, that

they would soon be called for, but did not instruct him, it seems,

by whom they would be demanded.

All facts connecting Lloyd with the case tend to his implication and

guilt, and to prove that he adopted the _dernier_ _ressort_ of guilt--

accusation and inculpation of another. In case Lloyd were innocent

and Mrs. Surratt the guilty coadjutrix and messenger of the

conspirators, would not Lloyd have been able to cite so many open

and significant remarks and acts of Mrs. Surratt that he would not

have been obliged to recall, in all perversion and weakness of

uncertainty, deeds and speech so common and unmeaning as his

testimony includes?

It is upon these considerations that we feel ourselves safe and

reasonable in the position that there are facts and circumstances,

both external and internal, connected with the testimony of

Weichmann and Lloyd, which, if they do not destroy, do certainly

greatly shake their credibility, and which, under the rule that will

give Mrs. Surratt the benefit of all reasonable doubts, seem to

forbid that she should be convicted upon the unsupported evidence of

these two witnesses. But even admitting the facts to be proven as

above recited, it remains to be seen where is the guilty knowledge

of the contemplated assassination; and this brings us to the inquiry

whether these facts are not explainable so as to exclude guilt.

From one of the most respected of legal authorities the following is

taken:--

"Whenever, therefore, the evidence leaves it indifferent which of

several hypotheses is true, or merely establishes some finite

probability in favor of one hypothesis rather than another, such

evidence cannot amount to proof. The maxim of the law is that it is

better that ninety-nine offenders should escape than that one

innocent man should be condemned." (Starkie on Evidence.)

The acts of Mrs. Surratt must have been accompanied with criminal

intent in order to make them criminal. If any one supposes that any

such intent existed, the supposition comes alone from inference. If

disloyal acts and constant disloyal practices, if overt and open

action against the government, on her part, had been shown down to

the day of the murder of the President, it would do something toward

establishing the inference of criminal intent. On the other hand,

just the reverse is shown. The remarks here of the learned and

honorable judge advocate are peculiarly appropriate to this branch

of the discussion, and, with his authority, we waive all others.

"If the court please, I will make a single remark. I think the

testimony in this case has proved, what I believe history

sufficiently attests, how kindred to each other are the crimes of

treason against a nation and the assassination of its chief

magistrate. As I think of those crimes, the one seems to be, if not

the necessary consequence, certainly a logical sequence from the

other. The murder of the President of the United States, as alleged

and shown, was preeminently a political assassination. Disloyalty to

the government was its sole, its only inspiration. When, therefore,

we shall show, on the part of the accused, acts of intense

disloyalty, bearing arms in the field against that government, we

show, with him, the presence of an animus toward the government

which relieves this accusation of much, if not all, of its

improbability. And this course of proof is constantly resorted to in

criminal courts. I do not regard it as in the slightest degree a

departure from the usages of the profession in the administration of

public justice. The purpose is to show that the prisoner, in his

mind and course of life, was prepared for the commission of this

crime: that the tendencies of his life, as evidenced by open and

overt acts, lead and point to this crime, if not as a necessary,

certainly as a most probable, result, and it is with that view, and

that only, that the testimony is offered."

Is there anything in Mrs. Surratt's mind and course of life to show

that she was prepared for the commission of this crime? The

business transaction by Mrs. Surratt at Surrattsville, on the

fourteenth, clearly discloses her only purpose in making this visit.

Calvert's letters, the package of papers relating to the estate, the

business with Nothe, would be sufficiently clear to most minds, when

added to the fact that the other unknown package had been handed to

Mrs, Offutt; that, while at Surrattsville, she made an inquiry for,

or an allusion to, Mr. Lloyd, and was ready to return to Washington

when Lloyd drove up to the house. Does not this open wide the door

for the admission of the plea of "reasonable doubt"? Had she really

been engaged in assisting in the great crime, which makes an epoch

in our country's history, her only object and most anxious wish

would have been to see Lloyd. It was no ruse to transact important

business there to cover up what the uncharitable would call the real

business. Calvert's letter was received by her on the forenoon of

the fourteenth, and long before she saw Booth that day, or even

before Booth knew that the President would be at the theatre that

night, Mrs. Surratt had disclosed her intention to go to

Surrattsville, and had she been one moment earlier in her start she

would not have seen Booth at all. All these things furnish powerful

presumptions in favor of the theory that, if she delivered the

message at all, it was done innocently.

In regard to the nonrecognition of Payne, the third fact adduced by

the prosecution against Mrs. Surratt, we incline to the opinion

that, to all minds not forejudging, the testimony of Miss Anna

E. Surratt, and various friends and servants of Mrs. Surratt,

relative to physical causes, might fully explain and account for

such ocular remissness and failure. In times and on occasions of

casual meeting of intimate acquaintances on the street, and of

common need for domestic uses, the eyesight of Mrs. Surratt had

proved treacherous and failing. How much more liable to fail her

was her imperfect vision on an occasion of excitement and anxiety,

like the night of her arrest and the disturbance of her household by

military officers, and when the person with whom she was confronted

was transfigured by a disguise which varied from the one in which

she had previously met him, with all the wide difference between a

Baptist parson and an earth-soiled, uncouthly-dressed digger of

gutters! Anna E. Surratt, Emma Offutt, Anna Ward, Elize Holohan,

Honora Fitzpatrick, and a servant, attest to all the visual

incapacity of Mrs. Surratt, and the annoyance she experienced

therefrom in passing friends without recognition in the daytime, and

from inability to sew or read even on a dark day, as well as at

night. The priests of her church, and gentlemen who have been

friendly and neighborhood acquaintances of Mrs. Surratt for many

years, bear witness to her untarnished name, to her discreet and

Christian character, to the absence of all imputation of disloyalty,

to her character for patriotism. Friends and servants attest to her

voluntary and gratuitous beneficence to our soldiers stationed

near her; and, "in charges for high treason, it is pertinent to

inquire into the humanity of the prisoner toward those representing

the government," is the maxim of the law; and, in addition, we

invite your attention to the singular fact that of the two officers

who bore testimony in this matter, one asserts that the hall wherein

Payne sat was illuminated with a full head of gas; the other, that

the gaslight was purposely dimmed. The uncertainty of the witness

who gave the testimony relative to the coat of Payne may also be

called to your notice.

Should not this valuable testimony of loyal and moral character

shield a woman from the ready belief, on the part of judges who

judge her worthiness in every way, that during the few moments Booth

detained Mrs. Surratt from her carriage, already waiting, when he

approached and entered the house, she became so converted to

diabolical evil as to hail with ready assistance his terrible plot,

which must have been framed (if it were complete in his intent at

that hour, half-past two o'clock), since the hour of eleven that

day?

If any part of Lloyd's statements is true, and Mrs. Surratt did

verily bear to his or Mrs. Offutt's hands the field glass, enveloped

in paper, by the evidence itself we may believe she knew not the

nature of the contents of the package; and had she known, what evil

could she or any other have attached to a commission of so common a

nature? No evidence of individual or personal intimacy with Booth

has been adduced against Mrs. Surratt; no long and apparently

confidential interviews; no indications of a private comprehension

mutual between them; only the natural and not frequent custom on the

part of Booth--as any other associate of her son might and

doubtless did do--of inquiring through the mother, whom he would

request to see, of the son, who, he would learn, was absent from

home. No one has been found who could declare any appearance of the

nursing or mysteriously discussing of anything like conspiracy

within the walls of Mrs. Surratt's house. Even if the son of

Mrs. Surratt, from the significancies of associations, is to be

classed with the conspirators, if such a body existed, it is

monstrous to suppose that the son would weave a net of circumstantial

evidences around the dwelling of his widowed mother, were he never

so reckless and sin-determined; and that they (the mother and the

son) joined hands in such dreadful pact, is a thought more monstrous

still!

A mother and son associate in crime, and such a crime as this, which

half of the civilized world never saw matched in all its dreadful

bearings! Our judgments can have hardly recovered their unprejudiced

poise since the shock of the late horror, if we can contemplate with

credulity such a picture, conjured by the unjust spirits of

indiscriminate accusation and revenge. A crime which, in its public

magnitude, added to its private misery, would have driven even the

Atis-haunted heart of a Medici, a Borgia, or a Madame Bocarme to

wild confession before its accomplishment, and daunted even that

soul, of all the recorded world the most eager for novelty in

license, and most unshrinking in sin--the indurated soul of

Christina of Sweden; such a crime the profoundest plotters within

padded walls would scarcely dare whisper; the words forming the

expression of which, spoken aloud in the upper air, would convert

all listening boughs to aspens, and all glad sounds of nature to

shuddering wails. And this made known, even surmised, to a woman a

_materfamilias_ the good genius, the _placens_ _uxor_ of a home where

children had gathered all the influences of purity and the

reminiscences of innocence, where religion watched, and the Church

was minister and teacher!

Who--were circumstantial evidence strong and conclusive, such as

only time and the slow-weaving fates could elucidate and deny--who

will believe, when the mists of uncertainty which cloud the present

shall have dissolved, that a woman born and bred in respectability

and competence--a Christian mother, and a citizen who never

offended the laws of civil propriety; whose unfailing attention to

the most sacred duties of life has won for her the name of "a proper

Christian matron"; whose heart was ever warmed by charity; whose

door unbarred to the poor; and whose Penates had never cause to veil

their faces--who will believe that she could so suddenly and so

fully have learned the intricate arts of sin? A daughter of the

South, her life associations confirming her natal predilections, her

individual preferences inclined, without logic or question, to the

Southern people, but with no consciousness nor intent of disloyalty

to her government, and causing no exclusion from her friendship and

active favors of the people of the loyal North, nor repugnance in

the distribution among our Union soldiery of all needed comforts,

and on all occasions.

A strong but guileless-hearted woman, her maternal solicitude would

have been the first denouncer, even the abrupt betrayer of a plotted

crime in which one companion of her son could have been implicated,

had cognizance of such reached her. Her days would have been

agonized, and her nights sleepless, till she might have exposed and

counteracted that spirit of defiant hate which watched its moment of

vantage to wreak an immortal wrong--till she might have sought the

intercession and absolution of the Church, her refuge, in behalf of

those she loved. The brains which were bold and crafty and couchant

enough to dare the world's opprobrium in the conception of a scheme

which held as naught the lives of men in highest places, would never

have imparted it to the intelligence, nor sought the aid nor

sympathy, of any living woman who had not, like Lady Macbeth,

"unsexed herself"--not though she were wise and discreet as Maria

Theresa or the Castilian Isabella. This woman knew it not. This

woman, who, on the morning preceding that blackest day in our

country's annals, knelt in the performance of her most sincere and

sacred duty at the confessional, and received the mystic rite of the

Eucharist, knew it not. Not only would she have rejected it with

horror, but such a proposition, presented by the guest who had sat

at her hearth as the friend and convive of the son upon whose arm

and integrity her widowed womanhood relied for solace and

protection, would have roused her maternal wits to some sure cunning

which would have contravened the crime and sheltered her son from

the evil influences and miserable results of such companionship.

The mothers of Charles IX. and of Nero could harbor underneath their

terrible smiles schemes for the violent and unshriven deaths, or the

moral vitiation and decadence which would painfully and gradually

remove lives sprung from their own, were they obstacles to their

demoniac ambition. But they wrought their awful romances of crime in

lands where the sun of supreme civilization, through a gorgeous

evening of Sybaritic luxury, was sinking, with red tints of

revolution, into the night of anarchy and national caducity. In our

own young nation, strong in its morality, energy, freedom, and

simplicity, assassination can never be indigenous. Even among the

desperadoes and imported lazzaroni of our largest cities, it is

comparatively an infrequent cause of fear.

The daughters of women to whom, in their yet preserved abodes, the

noble mothers who adorned the days of our early independence are

vividly remembered realities and not haunting shades--the

descendants of earnest seekers for liberty, civil and religious, of

rare races, grown great in heroic endurance, in purity which comes

of trial borne, and in hope born of conscious right, whom the wheels

of fortune sent hither to transmit such virtues--the descendants

of these have no heart, no ear for the diabolisms born in hotbeds of

tyranny and intolerance. No descendant of these--no woman of this

temperate land--could have seen, much less joined, her son,

descending the sanguinary and irrepassable ways of treason and

murder to an ignominious death, or an expatriated and attainted

life, worse than the punishing wheel and bloody pool of the poets'

hell.

In our country, where reason and moderation so easily quench the

fires of insane hate, and where the vendetta is so easily overcome

by the sublime grace of forgiveness, no woman could have been found

so desperate as to sacrifice all spiritual, temporal, and social

good, self, offspring, fame, honor, and all the desiderata of life,

and time, and immortality, to the commission, or even countenance,

of such a deed of horror, as we have been compelled to contemplate

during the two months past.

In a Christian land, where all records and results of the world's

intellectual, civil, and moral advancement mold the human heart and

mind to highest impulses, the theory of old Helvetius is more

probable than desirable.

The natures of all born in equal station are not so widely varied as

to present extremes of vice and goodness, but by the effects of rarest

and severest experience. Beautiful fairies and terrible gnomes do not

stand by each infant's cradle, sowing the nascent mind with tenderest

graces or vilest errors. The slow attrition of vicious associations

and law-defying indulgences, or the sudden impetus of some terribly

multiplied and social disaster, must have worn away the susceptibility

of conscience and self-respect, or dashed the mind from the height of

these down to the depths of despair and recklessness, before one of

ordinary life could take counsel with violence and crime. In no such

manner was the life of our client marked. It was the parallel of

nearly all the competent masses. Surrounded by the scenes of her

earliest recollections, independent in her condition she was satisfied

with the _mundus_ of her daily pursuits, and the maintenance of her own

and children's status in society and her Church.

Remember your wives, mothers, sisters, and gentle friends whose

graces, purity, and careful affection, ornament and cherish and

strengthen your lives. Not widely different from their natures and

spheres have been the nature and sphere of the woman who sits in the

prisoner's dock to-day, mourning with the heart of Alcestis her

children and her lot; by whose desolated hearthstone a solitary

daughter wastes her uncomforted life away in tears and prayers and

vigils for the dawn of hope; and this wretchedness and unpitied

despair have closed like a shadow around one of earth's common

pictures of domestic peace and social comfort, destroyed by the one

sole cause--suspicion fastened and fed upon the facts of

acquaintance and mere fortuitous intercourse with that man in whose

name so many miseries gather, the assassin of the President.

Since the days when Christian teachings first elevated woman to her

present free, refined, and refining position, man's power and

honoring regard have been the palladium of her sex.

Let no stain of injustice, eager for a sacrifice to revenge, rest

upon the reputation of the men of our country and time!

This woman, who, widowed of her natural protectors, who, in

helplessness and painfully severe imprisonment, in sickness and in

grief ineffable, sues for mercy and justice from your hands, may

leave a legacy of blessings, sweet as fruition-hastening showers,

for those you love and care for, in return for the happiness of fame

and home restored, though life be abbreviated and darkened through

this world by the miseries of this unmerited and woeful trial. But

long and chilling is the shade which just retribution, slow creeping

on, _ped_ _claudo_, casts around the fate of him whose heart is

merciless to his fellows bowed low in misfortune.

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