New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-30

&c IL; ~ sh. sn,ttuany an act anu was done durihs
Tue tme Oh tat alleged silence his part which bad
been urged as means of duplicating MIN an an access
sorry before and after the fact this murder II the
against him. was not the fact Of hin breaking t6at
silence to be introduced In his behalf Moreover the
statement was made at time when the prisoner could
against him. In support Of his position Mr. Ewing
read from Russell Crimes, vol p7JO and other All.
thOrties Judge. Advocate Holt remarked that where
partial declarations were given ~ evidence the accused
had right to insist that the whole should be given in
the present instance the prosecution had offered
declarations Of The prisoner The ground on which it
was sought to introduce them was that they were part
OF the transaction ITSELF But the transaction at the
time those declarations made had been completed
IT had closed the day before consisted IN the fact m
the prisoner having concealed and entertained these
rapsactiCa on which the prisoner was now arragned
by the Government complete at O'Clock on Satnr'
day afternoon. 1t was DOW proposed 70 introsuce =
declaration the part OF the prisoner maae twenty
four hours afterward after he had had time 70 review
his conduct 1t was not competent TO declare the
motives by which the previous acts were governed De-
cause there was means OF reaching those MOVIES OF
of introducing any testimony in regard TO them. MI
Ewing replied that the transaction was not wholly
closed, the charge here was one OF eonceament not
only Of tho persons of the three men while they were
the house. but cOnceament Of the fact that they mao
been in the house OF four witnesses who testified that
they went to Dr. Mudds house Saturday ana stateo
that DIR. Mudd denied that the men bad been at nis
house and the accused now desired to tnat ne uS
the witness the stand, that the men were OF BIS
house. The objection of the Judge Advocate was sus-
tanned and the question was not put ,.,,u
O. State whether you communicated TO the military
authorities In Bryantown the fact OF any suspicious
persons having been at the house of DIR. Samuel a.
Mudd on Saturday A. did.
muncated it, think, to Lieut.. Dana, who was the
principal In command OF the military there ~ the time
O. When did you communicate 1t 70 HIM A.
think ii on Monday morning. ~
O. What statement did You make to him. A.
stated to him that Dr. Mudd had informed me that two
suspicious persons were q his boase that they came
there little before daybreak on Saturday morning.,
and that one Of them had broken leg. which he
bandaged that they were aboring under some degree
Of excitement, more 80, he thought than sh0ld nave
been caused by broken leg; that these parties had
said thew cane from Bryantown, and were inqairing
the way to Parson Wilmer's that while there VI
them called for razor and shaved himself thereby
altering his appearance; that he Or. Mudd) mpro-
ysed crutch or crutches for the With the broken
leg and that they wentn the direction VI Parson WI:
mers; think that Is about the Whole OF what told
the Lieutenant.
o. on whom did you get this iuformatioup A. Ofthe
prisoner Dr. Samuel Mnddf .r. '9 ~
y. What time on Monday did you make the comInu-
nicalions A. think on Monday morning ..
o. BY whose authority did you make the commnnlca
ton A. THE mentioning OF that matter TO me- or any
other matter bringing In the assassination, parucaiar
such assassination as the country and the wor now
mourn was my warrant and as authority from hlin sha
any body else who knew me. ll
O. At the time he impaired this information 10 you
was anything said about communicating 70 tine military
A. When left him told him would
mention the matter to the authorities and see what
could be made Of it: he told me he would be glad l
would, but ii / could make such an arrangement ne
would much prefer that lie should be sent tor and that
he would giye every information In his power relative
to it; that if it became matter Of publicity ne feared
Tor hi life on account Of guerras tina. might be infes
8. Did yeu say to what authorities you would men
ton ttt A. 10 the military authorities at Bryan
town.
other military authorities Of the fact stated to you ~
DR.. Muddf A. Yes sir; was sent for on Tuesday
MI ernoou Jy four detectives who asked me to 90 up
into room with them where they questioned me very
part.cniarlS relating to this affair; stated TO them
what have already stated here. and, upon my naoiy
10 answer such questions as they Propoanded t1ey
sam. Mudds house; told them would do H. and
that would go with them they seemed 70 prefer tha'
aud did so with them
q. State what happened when you went there. A.
DIR. Samuel Muddwas not at home, The detectives
went inside while remained at the door. saw him
coming and told him he entered the house that The
the particulars relative that about which no
Lad spoken that had made the statement TO the
military authorities which he mad made 70 me On oan
crence 10 III had already said to them gentlemen
the dctectycs). that fclt confident that the Doctor
would state tie matter just a. had stated 70 them
md lct room and did mot reentsr during their ex
o. Name the officers that went with you. A. One
he others were Lieut. Loyett and Mr.. Williams.
Q. State whether any inquiry was made y any Of
nee to route A. When We got in the wagon-0r,
hnk just before getting in-they asked me n would
how them the way 20 larson w%e ss,si.,w 40 s"n
ecessary; then turned and asked Dr. Mudd Wno
standing outside the door, what was the best route
take 10 Parson Winners and he gave me the infor'
nation before he got to the main road to ByantOwn
hese gentlemen concluded. in consequence OF my
tatng that another road was preferable to take tnat
O. state whether or not anything was said by either
4 these gentlemen about Dr. Mudd having denied that
he two men were at his house.
Assistant Judge Advocate Bingham objected to the
question when II was withdrawal
o State whether you were in Bryantown on Satur.
Law al the time OF the reception OF the news OF the Tres
dents assassination A. was there wheh tne pews
,ame aud remained all the evening" did not leave the
rillage. i'm
dictated in the assassiuatioDi A. Lieut. Dana on
Thorn called for information told me that the party
ho attempted the assassination OF Secretary Seward
VAS named Boyle and claimed him TO be the same VINO
had previously assassinnted Capt. watson o, Anno
fascinated the President was supposed 70 DC man ~
he name OF Booth and that he thought the assassin
lad not yet got out OF Washington,
o. Was Boyle known in that region OF c0untlyf A.
sir he had been about there but not Tor three or
our weeks or later than two three days after the as
"a ssination Of Capt. Watson
d What was his character as known there; was ne
Known as desperate and guerrillaf A. he was; his
character was very bad.
o. State whether you were at church on Sunday and
what was known about the assassination Of the Pres
ientY A. Twas at church on Sundays 1t was known
hat the President OF the United States was assassin
,ted and the matter was talked Of
d. Was il or was il not known that Booth had not
cr,ssed the riyeri A. No one to my knowledge sup
oosed that he had crossed the river at that time.
o. Did you have any conversation with Dr. Samuel
Mudd at the church hear bis conversation as TO
what he knew Of the assassination A. NO. sir; 1
heard him Judge Bingham objected to allowing the
witness TO state what he had heard the prisoner saw
The objection was sustained and the question was not