1. In the case of David B. Herold, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except combining, confederating, and
conspiring with Edward Spangler; as to which part thereof, not guilty."
Of the charge, "Guilty, except the words of the charge that he combined,
confederated, and conspired with Edward Spangler; as to which part of
said charge, not guilty."
And the commission does therefore sentence him, the said David B.
Herold, "To be hanged by the neck until he be dead, at such time and
place as the President of the United States shall direct; two-thirds of
the members of the commission concurring therein."
2. In the case of George A. Atzerodt, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except combining, confederating, and
conspiring with Edward Spangler; of this, not guilty."
Of the charge, "Guilty, except combining, confederating, and conspiring
with Edward Spangler; of this, not guilty."
And the commission does therefore sentence him, the said George A.
Atzerodt, "To be hung by the neck until he be dead, at such time and
place as the President of the United States shall direct; two-thirds of
the members of the commission concurring therein."
3. In the case of Lewis Payne, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except combining, confederating, and
conspiring with Edward Spangler; of this, not guilty."
Of the charge, "Guilty, except combining, confederating, and conspiring
with Edward Spangler; of this, not guilty."
And the commission does therefore sentence him, the said Lewis Payne,
"To be hung by the neck until he be dead, at such time and place as the
President of the United States shall direct; two-thirds of the members
of the commission concurring therein."
4. In the case of Mary B. Surratt, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except as to receiving, entertaining,
harboring, and concealing Samuel Arnold and Michael O'Laughlin, and
except as to combining, confederating, and conspiring with Edward
Spangler; of this, not guilty."
Of the charge, "Guilty, except as to combining, confederating, and
conspiring with Edward Spangler; of this, not guilty."
And the commission does therefore sentence her, the said Mary B.
Surratt, "To be hung by the neck until she be dead, at such time and
place as the President of the United States shall direct; two-thirds of
the members of the commission concurring therein."
5. In the case of Michael O'Laughlin, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except the words thereof as follows: '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,
with intent then and there to kill and murder the said Ulysses S.
Grant;' of said words, not guilty; and except combining, confederating,
and conspiring with Edward Spangler; of this, not guilty."
Of the charge, "Guilty, except combining, confederating, and conspiring
with Edward Spangler; of this, not guilty."
And the commission does therefore sentence him, the said Michael
O'Laughlin, "To be imprisoned at hard labor for life at such
penitentiary as the President of the United States shall designate."
6. In the case of Edward Spangler, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Not guilty, except as to the words, '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 abet him (meaning John Wilkes
Booth) in making his escape after the said Abraham Lincoln had been
murdered in manner aforesaid;' and of these words, guilty."
Of the charge, "Not guilty, but guilty of having feloniously and
traitorously aided and abetted John Wilkes Booth in making his escape
after having killed and murdered Abraham Lincoln, President of the
United States, he the said Edward Spangler, at the time of aiding and
abetting as aforesaid, well knowing that the said Abraham Lincoln,
President as aforesaid, had been murdered by the said John Wilkes Booth,
as aforesaid."
And the commission does therefore sentence him, the said Edward
Spangler, "To be confined at hard labor for the period of six years at
such penitentiary as the President of the United States shall
designate."
7. In the case of Samuel Arnold, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except combining, confederating, and
conspiring with Edward Spangler; of this, not guilty."
Of the charge, "Guilty, except combining, confederating, and conspiring
with Edward Spangler; of this, not guilty."
And the commission does therefore sentence him, the said Samuel Arnold,
"To be imprisoned at hard labor for life at such penitentiary as the
President of the United States shall designate."
8. In the case of Samuel A. Mudd, the commission, having maturely
considered the evidence adduced, finds the accused as follows:
Of the specification, "Guilty, except combining, confederating, and
conspiring with Edward Spangler; of this, not guilty; and except
receiving, entertaining, harboring, and concealing Lewis Payne, John H.
Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and
Samuel Arnold; of this, not guilty."
Of the charge, "Guilty, except combining, confederating, and conspiring
with Edward Spangler; of this, not guilty."
And the commission does therefore sentence him, the said Samuel A. Mudd,
"To be imprisoned at hard labor for life at such penitentiary as the
President of the United States shall designate."
II. The proceedings, findings, and sentences in the foregoing cases
having been submitted to the President of the United States, the
following are his orders:
EXECUTIVE MANSION, _July 5, 1865_.
The foregoing sentences in the cases of David E. Herold, George A.
Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it
is ordered that the sentences in the cases of David E. Herold, G.A.
Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by
the proper military authority, under the direction of the Secretary of
War, on the 7th day of July, 1865, between the hours of 10 o'clock a.m.
and 2 o'clock p.m. of that day. It is further ordered that the prisoners
Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin
be confined at hard labor in the penitentiary at Albany, N.Y., during
the period designated in their respective sentences.
ANDREW JOHNSON, _President_.
III. Major-General W.S. Hancock, United States Volunteers, commanding
Middle Military Division, is commanded to cause the foregoing sentences
in the cases of David E. Herold, G.A. Atzerodt, Lewis Payne, and Mary E.
Surratt to be duly executed in accordance with the President's order.
EXECUTIVE MANSION, _July 15, 1865_.
IV. The Executive order dated July 5, 1865, approving the sentences in
the cases of Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael
O'Laughlin, is hereby modified so as to direct that the said Arnold,
Mudd, Spangler, and O'Laughlin be confined at hard labor in the military
prison at Dry Tortugas, Florida, during the period designated in their
respective sentences.
The Adjutant-General of the Army is directed to issue orders for the
said prisoners to be transported to the Dry Tortugas, and to be confined
there accordingly.
ANDREW JOHNSON, _President_.
V. Major-General W.S. Hancock, United States Volunteers, commanding
Middle Military Division, is commanded to send the prisoners Samuel
Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, under
charge of a commissioned officer, with a sufficient guard, to the Dry
Tortugas, Florida, where they will be delivered to the commanding
officer of the post, who is hereby ordered to confine the said Arnold,
Mudd, Spangler, and O'Laughlin at hard labor during the periods
designated in their respective sentences.
VI. The military commission of which Major-General David Hunter is
president is hereby dissolved.
By command of the President of the United States:
E.D. TOWNSEND, _Assistant Adjutant-General_.
WASHINGTON, _August 7, 1865_.
An impression seems to prevail that the interests of persons having
business with the executive government require that they should have
personal interviews with the President or heads of Departments. As this
impression is believed to be entirely unfounded, it is expected that
applications relating to such business will hereafter be made in writing
to the head of that Department to which the business may have been
assigned by law. Those applications will in their order be considered
and disposed of by heads of Departments, subject to the approval of the
President. This order is made necessary by the unusual numbers of
persons visiting the seat of Government. It is impracticable to grant
personal interviews to all of them, and desirable that there should be
no invidious distinction in this respect. Similar business of persons
who can not conveniently leave their homes must be neglected if the time
of the executive officers here is engrossed by personal interviews with
others.