Zad Jenkins, Mrs. Surratt’s brother, thought that Lloyd “was very much

intoxicated at the time.” Richard Sweeney, who had run into the tavern

owner on the Marlboro road, remembered that “he was considerably under

the influence of liquor and he drank on the road.” James Lusby had

ridden back to Surrattsville with him, and said he was “very drunk on

that occasion.” Mrs. Offutt thought that her brother-in-law was “very

much in liquor, more so than I have ever seen him in my life.” So much

so, in fact, that he had become deathly ill shortly after returning

from Marlboro and had to lie down. But Lloyd was evidently a man of

great recuperative powers, because she had seen him heading back to the

barroom a few minutes later.

As the trial dragged on, it was obvious that the Judge Advocate was

relying heavily on Mrs. Surratt’s refusal (as he called it) to

recognize Payne in the vestibule of her house on the night of April

17th. But Zad Jenkins swore that her “eyesight is defective,” while her

daughter, Anna, testified that “my mother’s eyesight is very bad, and

she has often failed to recognize her friends.” It was only her vanity,

Anna said, that kept her from wearing glasses. Honora Fitzpatrick, who

shared Mrs. Surratt’s room, said that her landlady had “complained

that she could not read or sew at night, on account of her sight. I

have known of her passing her friend, Mrs. Kirby, on the same side of

the street, and not seeing her at all.” Honora had also been unable to

identify Payne that night until “the skull-cap was taken off his head.”

Mrs. Eliza Holahan, another boarder, knew that “Mrs. Surratt’s eyesight

was defective.” Anna Ward, an old friend, stated that the defendant had

frequently “failed to recognize me on the street”

The rest of the case for Mrs. Surratt consisted of evidence of her

good character and loyalty to the Union. Anna Ward knew her as “a

perfect lady and a Christian,” while four Catholic priests attested

to her religious devotion. Her brother recalled that she frequently

gave “milk, tea and such refreshments as she had in her house to Union

troops when they were passing.” Rachel Semus, whom, Pitman noted, was

“colored”, had been the Surratt cook for six years. She remembered that

her employer had “fed Union soldiers at her house, sometimes a good

many of them; and I know that she always tried to do the best for them

that she could, because I always cooked for them.” Rev. E. F. Wiget,

the president of Gonzaga College, had “always heard everyone speak

very highly of her character.” John and Bill Hoxton, Surrattsville

neighbors, had “never heard her utter a disloyal word.”

On June 13th, the defense suddenly recalled Mrs. Offutt. As she took

the stand, Aiken told the Commission “that at the time Mrs. Offutt

gave her testimony before, she came here very unwell. If I have been

correctly informed, she had been suffering severely from sickness, and

had taken considerable laudanum. Her mind was considerably confused at

the time, and she now wished to correct her testimony in an important

particular.” Colonel Bingham was on his feet in a flash.

Q. Is it something you swore to here in court?

A. Of course, I took the oath when I appeared here.

Q. Do you want to correct anything you have sworn to here in court?

A. Yes, sir, I should like to do so.

There wasn’t much Bingham could do with an obviously determined lady,

and he sat down as abruptly as he had gotten up.

Mrs. Offutt reminded Hunter and his colleagues that when she had

testified on May 17th, the Judge Advocate had asked her whether Mrs.

Surratt had handed her a package at Lloyd’s tavern on April 14th, and

her answer had been “No.” Now, she remembered that “she did hand me a

package and said she requested to leave it there.” Later on, she had

seen it “lying on the sofa in the parlor.” After Mrs. Surratt had left

for Washington, the witness had noticed that Lloyd went into the parlor

and “had a package in his hand.” She thought that “after the package

was handed to me, it might have been taken by Mrs. Surratt and handed

to Lloyd, but I did not see her give it to him.”

As Clampitt reminded the Commission, “Mr. Lloyd, under oath, swore that

he received a package from Mrs. Surratt. We wish to show that a package

was received of Mrs. Surratt by Mrs. Offutt. We wish to show in this

connection that it was the same package that Mr. Lloyd swore to. If we

can show that this was the identical package that Mr. Lloyd swore to

receiving, we can show that his testimony is not worth the snap of a

finger.” But Mrs. Offutt did not know what was in the package; all she

remembered was that Mrs. Surratt had given it to her around 5:30 that

afternoon and she had “laid it down” on the parlor sofa. She had no

idea of what had happened to it after that, except that she had seen a

package in her brother-in-law’s hands when he entered the house a few

minutes later.

When the defense rested on June 13th, the government trotted out John

Ryan, Frank Smith, James P. Young and P. T. Ransford, all of whom

swore that Lou Weichmann, its witness-in-chief, was a very trustworthy

fellow indeed. But only one--Young--had known him for any length of

time. John T. Holohan, who had occupied a second-floor room at Mrs.

Surratt’s in early 1865, swore that he had never heard anyone mention

his landlady’s bad eyesight. With the testimony of six Prince George’s

County neighbors that Zad Jenkins was, among other things, “one of the

most disloyal men in the country,” the prosecution had shot its wad as

far as Mrs. Surratt was concerned.

The closing arguments began on June 16th and continued for twelve

days. While they droned on, John Clampitt tried to introduce the

joint affidavit of Louis Carland and John P. Brophy, two friends of

Weichmann, who swore that he had told them that he had perjured himself

during the trial. He, and not Mrs. Surratt, had suggested that he try

to borrow Booth’s buggy for the April 11th trip to Surrattsville. He

had also informed Carland and Brophy that he had told a fellow clerk in

the War Department all about the kidnap plot as early as February, and

that Stanton had forced him to testify against Mrs. Surratt despite the

fact that Lou thought she was innocent. But he had played along with

the Secretary of War because “I didn’t want to hang.”

But Holt wasn’t going to let a piece of notarized paper spring Mary

Eugenia. He rejected it as hearsay and, when Clampitt offered to

produce Brophy in person, the Judge Advocate thumbed down his request

on the ground that it was too late to call another witness. But on

June 27th, eleven days after the prosecution had closed its case,

Holt called one John Cantlin to testify to an anonymous advertisement

printed in the _Selma_ (Alabama) _Dispatch_ on December 1, 1864,

offering to kill Lincoln, Seward, and Johnson, for one million

dollars. Brophy felt so strongly about the rejection of his affidavit

that he tried to see Andrew Johnson about it but the President was

incommunicado as far as the trial was concerned.

In his closing argument, Reverdy Johnson pointed out that the Military

Commission lacked the power to try Mrs. Surratt. “As counsel for one of

the parties,” he told its members, “I should esteem myself dishonored

if I attempted to rescue my client from a proper trial for the offense

charged against her, by denying the jurisdiction of the Commission,

upon grounds that I did not conscientiously believe to be sound. And,

in what I have done, I have not more had in view the defense of Mrs.

Surratt, than of the Constitution and the laws. In my view, in this

respect, her cause is the cause of every citizen. And let it not be

supposed that I am seeking to secure impunity to any one who may have

been guilty of the horrid crimes of the night of the 14th of April.

Over these, the civil courts of this District have ample jurisdiction,

and will faithfully exercise it if the cases are remitted to them, and

guilt is legally established, and will surely award the punishment

known to the laws.”

Johnson left it to his youthful associates to discuss the substantive

case against Mrs. Surratt and young Aiken did his best. What had “two

months of patient and unwearying investigation, and the most thorough

search for evidence that was probably ever made” developed insofar

as his client was concerned? Only that she knew Booth (and who in

Washington did not?), that she had taken a message to Lloyd (so had

a hundred others), and that she had failed to recognize Payne (bad

eyes in a dim light). The chief witnesses against her--the unreliable

Weichmann and the drunken Lloyd--were both trying to save their own

skins. He ended in a blaze of rhetoric, asking the Commission’s members

to disregard “suspicion fastened and fed upon the facts of acquaintance

and mere fortuitous intercourse with that man in whose name so many

miseries gather, the assassinator of the President.”

Colonel Bingham, who summed up for the prosecution, ended his

two-day presentation with the observation that Mrs. Surratt was “as

surely in the conspiracy to murder the President as was John Wilkes

Booth himself.” After all, wasn’t her house the headquarters of the

conspirators? And didn’t she deliver a fieldglass to Lloyd and instruct

him to have the carbines ready? Would an innocent woman fail to

recognize a man who had been her boarder? If she wasn’t involved in the

plot against the President, why did Booth always ask for her when he

visited H Street? As far as the Special Judge Advocate was concerned,

the questions answered themselves.

When he sat down late in the afternoon of June 28th, the court was

cleared for the last time and the Commission began its deliberation.

It took only minutes for it to decide that Payne, Herold and Atzerodt

should hang. Dr. Mudd, Mike O’Laughlin and Sam Arnold were sentenced

to “hard labor for life,” while Ed Spangler drew six years. But the

Commission couldn’t make up its collective mind about Mrs. Surratt.

On its first ballot, only four of its members voted to execute her.

The other five could not be convinced that the evidence had disclosed

that she was guilty of anything more than running a boardinghouse that

catered to a mighty strange lot of roomers.

But two days of Washington’s heat did what all of the Judge Advocate’s

arguments had failed to accomplish. At noon, on June 30th, the five

recalcitrants voted that “the said Mary E. Surratt be hanged by the

neck until she be dead, at such time and place as the President of the

United States shall direct.” However, they insisted on appending a

petition for commutation of the “sentence of death ... to imprisonment

for life” to the record of the case which Holt was to submit to

Johnson. On July 5th, the President formally approved the Commission’s

sentences and ordered that Herold, Atzerodt, Payne and Mrs. Surratt be

executed “on the seventh day of July, 1865, between the hours of ten

o’clock a.m. and two o’clock p.m. of that day.” Whether he ever saw the

recommendation for mercy or not, no one could say.

But Clampitt and Aiken weren’t ready to call it quits yet. At two

o’clock on the morning of July 7th, the two young men persuaded Andrew

Wylie, one of the Justices of the Supreme Court of the District

of Columbia, to issue a writ of habeas corpus on the ground that

prosecution by the Military Commission had deprived Mary Eugenia of her

right to trial by jury. Major General W. S. Hancock, the commander of

the Middle Military District, was ordered “to produce ... the body of

your said petitioner” at ten o’clock the next morning. But Stanton had

an ace up his sleeve. When Hancock, accompanied by Attorney General

James Speed, walked into Judge Wylie’s courtroom, almost two hours

after the time specified in the writ, he did not have Mrs. Surratt

with him. What he did have was a message from the President, declaring

that “I do hereby especially suspend this writ.” Judge Wylie had no

choice--he yielded to the suspension.

The scaffold had been built in the courtyard of the Old Penitentiary

Building. Just as General Hancock was presenting Johnson’s suspension

order to Judge Wylie, Captain Christian Rath, the officer in charge of

the execution, approved the drop. Four graves had been dug to the left

of the gallows near the prison wall. At the side of each one was a

pine box containing glass bottles in which the name of each defendant

had been placed. Shortly before two o’clock, Mrs. Surratt, despite

Payne’s last minute statement that she “was innocent of the murder of

the President,” was led from her cell. Accompanied by two priests, she

climbed the fifteen steps to the gallow’s platform where she sat in an

armchair while an officer read the sentences aloud. Five minutes later,

with her hands tied behind her back and her face covered by a white

hood, she dropped into eternity.

On July 15th, the four surviving defendants, who had begun serving

their terms in the Albany Penitentiary, were re-sentenced to “hard

labor in the military prison at Dry Tortugas, Florida.” In 1867,

O’Laughlin died of yellow fever, but Mudd was pardoned in 1868, and

Spangler and Arnold one year later. In 1867, John Harrison Surratt,

whom spectator Walt Whitman described as “very young ... with sharp

eyes,” was tried by a Washington civil court for his part in the

conspiracy. The jury voted eight-to-four for acquittal and the

government decided to call it a day and dropped the charges against

him. By this time, everyone knew that Stanton had suppressed Booth’s

captured diary which contained an entry for April 14th, clearly

indicating that it had not been until that very day that the actor had

decided to kill rather than kidnap the President. Mary Eugenia had

never had even a fighting chance.

2

_Atlanta’s Northern Jew_

The State of Georgia

_versus_

Leo M. Frank

The southern Negro stands halfway between slavery and freedom. On

one hand, he is his own man, able to own property, to be compensated

for his labor and even, in some areas, to vote. On the other, he

must endure many forms of segregation, perform his community’s less

desirable chores, and suffer whatever slings and arrows his white

neighbors choose to send his way. But occasionally he finds himself

an honest-to-goodness hero. This metamorphosis occurs whenever he

mounts the witness stand to testify against another Negro whom, for one

reason or another, the state wants to put out of the way. In Atlanta,

in 1913, it didn’t seem to make much difference that the victim was a

twenty-nine-year-old northern Jew.

After he graduated from Cornell, Brooklyn-born Leo M. Frank married

a Georgia girl. With her parents’ help, he was able to buy a small

interest in the National Pencil Factory, a medium-size enterprise

which operated out of a four-story building on South Forsyth Street in

Atlanta. National employed more than one hundred employees, most of

whom were women, and Frank, who was also its production superintendent,

directly supervised their work from his tiny second-floor front office.

The factory building was a narrow rectangular structure which ran 150

feet back from South Forsyth Street to a small alley. The entrance

to the plant was through an enclosed hallway on the first floor.

An elevator shaft was located in this hallway near the foot of a

glass-enclosed stairwell. Behind this shaft there was a hatchway which

opened into the basement. Outside of a boiler and some lockers for

Negro employees, the cellar was empty.

The stairs led up to the building’s second floor where Frank’s small

cubicle was located. His office opened into a large room where most of

the plant’s clerical help worked. At the very rear of the building was

National’s metal room where tips were attached to the ends of completed

pencils. The metal room, which was separated from the rest of the

second floor by a wooden partition, was entered by means of a double

glass door. The actual manufacturing of lead pencils was performed on

the third and fourth floors.

National’s employees were normally paid at noon on Saturday. However,

Saturday, April 26, 1913, was a holiday--Confederate Memorial Day--and

Frank had met his payroll the day before. But some of the girls who

worked in the metal room had been laid off the preceding Monday because

the plant had run out of pencil tips. Some of them decided to take

advantage of the holiday and pick up the few dollars owed them for

their single day’s work. One girl, fourteen-year-old Mary Phagan,

who lived in an Atlanta suburb, decided to kill two birds with one

stone--she would pick up her pay at the plant and then take in the

parade which was scheduled to start at two p.m.

Mary ate an early lunch of cabbage and wheat bread and left her house

at 11:45. She boarded a street car which let her off at the corner of

Broad and Hunter Streets, just a block away from the pencil factory.

She arrived at National shortly after noon and went immediately to

Frank’s office where she received a pay envelope containing $1.25. She

asked the superintendent whether a new supply of metal had arrived

and, when he said “No,” she left the office, and he listened to her

footsteps as she went down the stairs to the first floor. Only one

other person was ever to see her alive again.

Fifteen hours later, Newt Lee, the factory’s night watchman, was making

his rounds through the darkened building. In the cellar, near the back

of the building, he found the body of Mary Phagan. The girl had been

strangled and it appeared that she had probably been raped. Although no

spermatozoa were found on her body or her clothes, the epithelium of

the walls of the vagina was torn and bruised and her underwear, which

was ripped, was spotted with blood. From the condition of her clothes,

it was obvious that whoever had killed the girl had dragged her body

along the cellar floor. There was a deep cut on her head and numerous

bruises on her arms and legs.

Newt Lee was a Negro which was enough to make him a prime suspect. He

was immediately arrested and thrown into the Fulton County Jail, and it

seemed that the Atlanta police had more than enough to mark the case

solved. But because somebody thought that Frank had appeared unduly

nervous when he was informed of Mary’s death, the police decided to

book him, too. Frank proved anything but an uncooperative prisoner.

He hired private detectives to assist the Atlanta constabulary in its

efforts to find the girl’s murderer, and persuaded his captors to allow

him to spend some time alone with Lee in his cell in order to induce

him to talk.

But the night watchman stuck to his plea of innocence and was soon

released while his employer was held for the action of the grand jury.

A garrulous prostitute informed the police that Frank had telephoned

her the night before the murder and pleaded for a room. He had told

her that it was a matter of “life and death.” She also swore that, on

the day after Mary’s body was found, he had offered her a large sum of

money to leave town. Although she later repudiated her entire story

and disappeared, the damage was done and Frank, who was referred to

by a local magazine as “this filthy, perverted Jew of New York,” was

indicted on May 24, 1913, for Mary’s murder.

When the dead girl’s body was found, two notes, scribbled on sheets

of paper ripped from a scratch pad, were discovered on the floor near

her. Written in pidgin English, they claimed that “a long tall negro”

had been making love to Mary and that “i write while play with me.”

According to the author “he said he wood love me, laid down, play like

the night witch did it, but that long tall negro did buy his self.”

The police were convinced that Frank had written the notes in an

attempt to throw the blame on Lee. This theory was somewhat shaken

when, on the Thursday after the murder, a Negro porter named Jim Conley

was discovered scrubbing a bloodstained shirt in the factory’s basement

sink. Conley, who was later described as a “low squatty Negro with a

gingercake complexion,” was picked up and lodged in the county lockup

where he languished for almost three weeks. However, when he finally

convinced the police that he could not write, he was given back his

shirt and released.

Then Harry Scott, a Pinkerton operative engaged by the pencil factory

to solve the crime, discovered that Conley was much more literate than

he had let on. Now thoroughly frightened, the porter was returned

to jail where he poured out a tale of sex and murder that was sure

to find ready listeners. He said that on April 26th he had stood

watch for Frank, who habitually used the factory as seraglio, when

the superintendent had assaulted and killed Mary Phagan. Then, after

helping his employer hide the body in the basement, he had written

the two notes which had been found near her corpse. In all, he told

the investigators from the Solicitor General’s office four different

versions of this story. As each one was investigated and found

untenable, Conley assured his avid audience that “Sure, I lied but I

swear to God I am telling the truth this time.” The following July, he

was to tell a fifth story on the truth of which a man’s life was to

depend.

Although Frank testified before the coroner’s jury and claimed that he

neither knew Mary Phagan nor had killed her, he was swiftly indicted

for her murder and his trial began on July 28, 1913, in the Fulton

County Courthouse before Superior Court Judge L. S. Roan and an

all-male jury. By the time the trial got under way, all Atlanta had

prejudged the “Jew of New York” and the newspapers were off and running

on an orgy of sensationalism that was not to die down until Leo Frank

had become the symbol of the Gate City’s greatest shame.

Conley was, by all odds, the prosecution’s most important witness.

Ordinarily, the testimony of a Negro who “always seemed to be

kind of nervous or half drunk” wouldn’t have carried much weight

in a Georgia court. But what Arthur Garfield Hays referred to as

“counter-prejudices” were at work. To the rednecks, a Jew from Brooklyn

was even worse than a “no-account nigger” and Conley’s audience was

sublimely ready to believe every word he uttered.

He told a fantastic story. Frank had come to him early on the morning

of April 26th and said: “I want you to watch for me like you have

been doing the rest of the Saturdays.” According to Conley, for more

than two years he had been picking up a little extra change by acting

as Frank’s lookout while the superintendent was enjoying himself with

various women in his office. “I always stayed on the first floor ...

and watch for Mr. Frank, while he and a young lady would be upon the

second floor chatting.”

On this particular Saturday, the witness had been given very precise

instructions as to the afternoon’s activities. “Now, there will be a

young lady here after a while,” Frank had told him, “and me and her

are going to chat a little.” When the girl arrived, the superintendent

would “stomp like I did before” and Conley was to shut the door that

led to second floor. “Now, when I whistle, I will be through, so you

can go and unlock the door and come upstairs to my office like you were

going to borrow some money from me and that will give the young lady

time to get out.”

Shortly after noon, he swore, he had seen Mary Phagan climbing up

the steps to the superintendent’s office. He had heard her footsteps

approaching Frank’s cubicle and then the sound of two people walking

toward the metal room. A few minutes later, there was a scream,

followed by the sound of someone running from the metal room to

the front of the building. At that moment, another young lady had

entered the building, walked up the stairway to the second floor and

immediately come down and left the factory. How she had opened the

locked door was anybody’s guess.

Apparently, Conley was used to an occasional scream or two emanating

from the second floor on Saturday afternoons because he promptly went

to sleep. “Next thing I knew, Mr. Frank was up over my head stomping,

and then I went and locked the door ... and the next thing I heard Mr.

Frank whistling. When I heard him whistle, I went and unlocked the door

just like he said and went on up the steps. Mr. Frank was standing up

there at the top of the steps, shivering and trembling and rubbing his

hands like this. He had a little rope in his hand, a long, wide, piece

of cord. His eyes were wide and they looked right funny. He looked

funny out of his eyes. His face was red.”

After Frank had composed himself, he told the porter that there had

been a little trouble upstairs. “I wanted to be with the little girl,”

he had said, “and she refused me, and I struck her, and I guess I

struck her too hard, and she fell and hit her head against something,

and I don’t know how bad she got hurt. Of course, you know that I ain’t

built like other men.”

... and justice for all · 第 2 / 21 段