Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-05-16
Up Gtlsgrapg,
Trial of the Conspitators.

Trial of the Conspifators.
WAsHISeToN, May 15.-It appears from
minutes Of the military court martial that
on Tuesday Samuel Arnold, through bis
council, Thomas Ewing, Jr., set up the
plea that this military court has no power
to try him on the charges preferred, for the
reason that in these times of peace resort
should be had to civil tribunals. The
court after deliberations oVerruled the plea.
Arnold then asked that be be tried separ-
ately from others, but this request was
also denied.
O'Laughliu has procured counsel and is
Represented by Mr.. Walter Cox and Dol.
Vim. E. Doster appears for Atzeroth and
Payne. The charge against the prisoners
is in substance as follows "For, between
the 9th of March and 18th of April, 1866,
oonspiring with John H. surratt, John
Wilkes Booth, Jefferson Davis, George N.
Sanders, Beverly Tucker, Jacob Thomp.
son, William c. Clary, Clement G. CLAY,
George Young, and others unknown, to
murder Abraham Lincoln, President of
the United States; Andrew johnson, Vice
President; VIM. q. Seward, Secretary of
State and Ulysus s. Grant, Lieutenant
General. gyf
WAsH1NsToN, May lion Saturday it
was moved that il there was no objections
w SAO PoAS VI SA0 Ou0k0 64NOVhLd TUG
the council for any or all of the accused
the presence of the civil witnesses need
not be considered of material necessity
Mr.. Aiken, assistant counsel for Mrs. Sur.
ratte' expressed his willingness to accede
to such an arrangement, except in the
case of Welchman, whom he desired pres
emit
WASHINGTON, May 15.-Mr. johnson,
senior council of Mrs. Surratt, this A. NJ,
when the whole of the testimony rendered
by Mr.. Weichman had been read from the
records, made application to be permitted
to ask him some questions. This was OBJ
jected to by Major Wallace. The president
then remarked that the witness had been
already examined by the counsel and a
fair opportunity afforded. The Judge Ad.
vocate General then asked whether it was
to be cross examination, and being told
by the counsel that it was, the counsel,
under the Advocate's suggestion determin.
ed that IS he could call up the witness
hereafter itwould be waste oftime.
Gen. Wallace withdrew his objection,
| adding, however, that he did SO only for
this time. He had placed the objection on
the ground that these objections would
prove an interruption unless stopped by
some rule, after counsel had: once had
tair opportunity for cross-examinatiou.
Examined BY HON. REvRRDY JOHNSON.
QueStion.-I understood you to say on
Saturday that you went with Mrs. Surratt
the last time on the Tuesday before the as.
sassination in the buggy. Do you recol- |
lect whether you stopped on the way to |
SurrattsVille2 AnSt0er.-Yes, sir; where |
she stopped on two or three occasions.
Odd you stop at Uniontown? Al
Don't know the particular point, whether
it was Uniontown or not.
Odd You stop at a vilIage2 Al
stopped on the road at NO particular viii
lsRe that remember now.
Q-Do you know Mr.. Lloyd2 al
have met him three times.
Q.-Did you know him as the keeper OF |
the hotel2 Al knew him as the man |
that rented Mrs. Surratrs house from her,
because l copied off the instrument.
Q.-Do You recollect seeing him buy a |
buggy on the way from Washington to |
Surrattsville on tuesday, A.-Yes.-I
A carriage. 1t drove past as Mrs. Sur.
raft called to Mr.. Lloyd. Mr.: Lloyd |
got ont and approached the buggy.
Mrs. Surratt put her head out and had q |
conversation With him.
Odd you hear it2 A.-No, sir.
Odd yon hear any thing said about |
shooting irous5
The question was objected to by Assist. |
Judge Advocate Bingham. The question |
was withdrawn. Witness-1 heard MOTH |
ing mentioned about shooting irons Mrs. |
Surratt spoke to Mrs. Offutt about having |
this man Howell take the oath of allegi. |
ance and get released, and said she was |
going to apply to Gen. Anger or Judge
Sumner for that purpose.
GLOW long was that conversation be. |
tween Mrs. Surrstt and Mr.. Lloyd, on that
occasion A.-That I can't say exactly, |
don't think it was more than five or eight |
minutes. Don't carry watch and have
no precise means of knowing.
By Judge Holt:
Q.-I understand you to say you did not
hear the whole of the conversation. Al
did not hear the conversation between
Mr.. Lloyd aud Mrs. Surratt. Mrs. Sur.
RAFT spoke to Mr.. Lloyd at some dis
tauce from the buggy, and could not
hear it.
By Mr.. johnson:
Q.-Do you recollect whether it was
| raining at that time, O'Clock Al
don't think it was at that par.
ticular time, it was dark, murky day;
don't know whether it was raining or not.
The record was again resumed and being
| finished by half past one the court took q
| recess, after which Mr.. John N. Lloyd was
asked if he could identify the carbines
shown him as the ones referred to in his
previous testimony.
Wines The one with the cover on it
I don't recognize, don't think the GOV
looks the same it was kind of grey cloth,
the other looks like one saw, Recognize
the fixture for breech loading. If the court
will allow l wish to make q statement;
when was examined before l stated it
was on Monday the day met Mrs. SurrAtt
at Uniontown! Twas confused by my be.
ing summohed to- cOuFt on two Mondsy's;t
the first Monday was summoned did not
go; met MFs. SurEatt 81 UnioHtoWn next
day after went to court and suppose It
must have been on Tuesday.
By Judge Holt: (
Q.-You are sure that it was the same
bundle that you examined here2 Ayes,
sir, l am sure it was the same.