In this, that they, the said David E. Herold, Edward Spangler, Lewis
Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A.
Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and
John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis,
George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary,
Clement C. Clay, George Harper, George Young, and, others unknown,
citizens of the United States aforesaid, and who were then engaged In
armed rebellion against the United States of America, within the limits
thereof, did, in aid of said armed rebellion, on or before the 6th day
of March, A.D. 1865, and on divers other days and times between that day
and the 15th day of April, A.D. 1865, combine, confederate, and conspire
together at Washington City, within the Military Department of
Washington, and within the intrenched fortifications and military lines
of the said United States there being, unlawfully, maliciously, and
traitorously to kill and murder Abraham Lincoln, then President of the
United States aforesaid and Commander in Chief of the Army and Navy
thereof; and unlawfully, maliciously, and traitorously to kill and
murder Andrew Johnson, now Vice-President of the said United States,
upon whom, on the death of said Abraham Lincoln, after the 4th day of
March, A.D. 1865, the office of President of the said United States and
Commander in Chief of the Army and Navy thereof would devolve; and to
unlawfully, maliciously, and traitorously kill and murder Ulysses S.
Grant, then Lieutenant-General, and, under the direction of the said
Abraham Lincoln, in command of the armies of the United States
aforesaid; and unlawfully, maliciously, and traitorously to kill and
murder William H. Seward, then Secretary of State of the United States
aforesaid, whose duty it was by law, upon the death of said President
and Vice-President of the United States aforesaid, to cause an election
to be held for electors of President of the United States--the
conspirators aforesaid designing and intending by the killing and murder
of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and
William H. Seward, as aforesaid, to deprive the Army and Navy of the
said United States of a constitutional Commander in Chief, and to
deprive the armies of the United States of their lawful commander, and
to prevent a lawful election of President and Vice-President of the
United States aforesaid, and by the means aforesaid to aid and comfort
the insurgents engaged in armed rebellion against the said United States
as aforesaid, and thereby to aid in the subversion and overthrow of the
Constitution and laws of the said United States.
And being so combined, confederated, and conspiring together in the
prosecution of said unlawful and traitorous conspiracy, on the night of
the 14th day of April, A.D. 1865, at the hour of about 10 o'clock and 15
minutes p.m., at Ford's Theater, on Tenth street, in the city of
Washington, and within the military department and military lines
aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in
pursuance of said unlawful and traitorous conspiracy, did then and there
unlawfully, maliciously, and traitorously, and with intent to kill and
murder the said Abraham Lincoln, discharge a pistol then held in the
hands of him, the said Booth, the same being then loaded with powder and
a leaden ball, against and upon the left and posterior side of the head
of the said Abraham Lincoln, and did thereby then and there inflict upon
him, the said Abraham Lincoln, then President of the said United States
and Commander in Chief of the Army and Navy thereof, a mortal wound,
whereof afterwards, to wit, on the 15th day of April, A.D. 1865, at
Washington City aforesaid, the said Abraham Lincoln died; and thereby
then and there, and in pursuance of said conspiracy, the said defendants
and the said John Wilkes Booth and John H. Surratt did unlawfully,
traitorously, and maliciously, and with the intent to aid the rebellion
as aforesaid, kill and murder the said Abraham Lincoln, President of the
United States as aforesaid.
And in further prosecution of the unlawful and traitorous conspiracy
aforesaid and of the murderous and traitorous intent of said conspiracy,
the said Edward Spangler, on said 14th day of April, A.D. 1865, at about
the same hour of that day as aforesaid, within said military department
and the military lines aforesaid, did aid and assist the said John
Wilkes Booth to obtain entrance to the box in said theater in which said
Abraham Lincoln was sitting at the time he was assaulted and shot, as
aforesaid, by John Wilkes Booth; and also did then and there aid said
Booth in barring and obstructing the door of the box of said theater, so
as to hinder and prevent any assistance to or rescue of the said Abraham
Lincoln against the murderous assault of the said John Wilkes Booth, and
did aid and abet him in making his escape after the said Abraham Lincoln
had been murdered in manner aforesaid.
And in further prosecution of said unlawful, murderous, and traitorous
conspiracy, and in pursuance thereof, and with the intent as aforesaid,
the said David B. Herold did, on the night of the 14th of April, A.D.
1865, within the military department and military lines aforesaid, aid,
abet, and assist the said John Wilkes Booth in the killing and murder of
the said Abraham Lincoln, and did then and there aid and abet and assist
him, the said John Wilkes Booth, in attempting to escape through the
military lines aforesaid, and did accompany and assist the said John
Wilkes Booth in attempting to conceal himself and escape from justice
after killing and murdering said Abraham Lincoln, as aforesaid.
And in further prosecution of said unlawful and traitorous conspiracy
and of the intent thereof as aforesaid, the said Lewis Payne did, on the
same night of the 14th day of April, A.D. 1865, about the same hour of
10 o'clock and 15 minutes p.m., at the city of Washington, and within
the military department and the military lines aforesaid, unlawfully and
maliciously make an assault upon the said William H. Seward, Secretary
of State, as aforesaid, in the dwelling house and bedchamber of him, the
said William H. Seward, and the said Payne did then and there, with a
large knife held in his hand, unlawfully, traitorously, and in pursuance
of said conspiracy, strike, stab, cut, and attempt to kill and murder
the said William H. Seward, and did thereby then and there, and with the
intent aforesaid, with said knife, inflict upon the face and throat of
the said William H. Seward divers grievous wounds; and the said Lewis
Payne, in further prosecution of said conspiracy, at the same time and
place last aforesaid, did attempt, with the knife aforesaid and a pistol
held in his hand, to kill and murder Frederick W. Seward, Augustus H.
Seward, Emrick W. Hansell, and George F. Robinson, who were then
striving to protect and rescue the said William H. Seward from murder by
the said Lewis Payne, and did then and there, with said knife and pistol
held in his hands, inflict upon the head of said Frederick W. Seward and
upon the persons of said Augustus H. Seward, Emrick W. Hansell, and
George F. Robinson divers grievous and dangerous wounds, with intent
then and there to kill and murder the said Frederick W. Seward, Augustus
H. Seward, Emrick W. Hansell, and George F. Robinson.
And in further prosecution of said conspiracy and its traitorous and
murderous designs, the said George A. Atzerodt did, on the night of the
14th of April, A.D. 1865, and about the same hour of the night
aforesaid, within the military department and the military lines
aforesaid, lie in wait for Andrew Johnson, then Vice-President of the
United States aforesaid, with the intent unlawfully and maliciously to
kill and murder him, the said Andrew Johnson.
And in the further prosecution of the conspiracy aforesaid and of its
murderous and treasonable purposes aforesaid, on the nights of the 13th
and 14th of April, A.D. 1865, at Washington City, and within the
military department and military lines aforesaid, the said Michael
O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
Lieutenant-General and commander of the armies of the United States as
aforesaid, with intent then and there to kill and murder the said
Ulysses S. Grant.
And in further prosecution of said conspiracy, the said Samuel Arnold
did, within the military department and military lines aforesaid, on or
before the 6th day of March, A.D. 1865, and on divers other days and
times between that day and the 15th day of April, A.D. 1865, combine,
conspire with, and aid, counsel, abet, comfort, and support the said
John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin,
and their confederates in said unlawful, murderous, and traitorous
conspiracy and in the execution thereof, as aforesaid.
And in further prosecution of the said conspiracy, Mary B. Surratt did,
at Washington City, and within the military department and military
lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
divers other days and times between that day and the 20th day of April,
A.D. 1865, receive, entertain, harbor and conceal, aid and assist, the
said John Wilkes Booth, David B. Herold, Lewis Payne, John H. Surratt,
Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their
confederates, with knowledge of the murderous and traitorous conspiracy
aforesaid, and with intent to aid, abet, and assist them in the
execution thereof and in escaping from justice after the murder of the
said Abraham Lincoln, as aforesaid.
And in further prosecution of said conspiracy, the said Samuel A. Mudd
did, at Washington City, and within the military department and military
lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
divers other days and times between that day and the 20th day of April,
A.D. 1865, advise, encourage, receive, entertain, harbor and conceal,
aid and assist, the said John Wilkes Booth, David B. Herold, Lewis
Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary B.
Surratt, and Samuel Arnold, and their confederates, with knowledge of
the murderous and traitorous conspiracy aforesaid, and with intent to
aid, abet, and assist them in the execution thereof and in escaping from
justice after the murder of the said Abraham Lincoln, in pursuance of
said conspiracy, in manner aforesaid.
To which charge and specification the accused, David B. Herold, G.A.
Atzerodt, Lewis Payne, Mary B. Surratt, Michael O'Laughlin, Edward
Spangler, Samuel Arnold, and Samuel A. Mudd, pleaded "not guilty."