Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-05-29
THIRD edition.
O'CLOCK p. M.
THE CONSPIRACY TRIALS.
p oceedings This Evening.
ASTOUNDING DEVELOPMENTSM
YELLOW FEVER PLOT.
INFECTED CLOTHING SENT TO PRES
IDENT LINCOLN!.
A HELLISH DESIGN.

The Court reassembled al p. m. The room
was overtiowingly full OF ladies, and the buzz
Undesirable.
The testimony for the dsfens. was proceeded
with as follows:
TESTIMONY OF DIR. GEORGE r. MupD.
Witness resides in Bryantown, Nd. Is 4
practitioner Of medicine. Knows DR.. Samuel
MUdd His father and witness father are
cousins. The reputation of DIR. Samuel Mudd
stands high in his community. As master
he is humane to his servants, clothed them
we'll and treated them kindly, so far as wit
ness knows. Saw DR.. Samuel Mudd Sunday
after the assassination. Prisoner overlook him
after church.
MT. Ewing State if he said anything to you
about any persons having been al his house on
Judge Holt objected. The Government GER
tainly had not introduced any statements OF
the prisoner; and the defense were therefore
rot entitled to.
Mr. Ewing said they desired to show that
DR.. Samuel Mudd stated to the witness that
two suspicious persons had been at his house,
and that he wished witness TO inform the mill
tary authorities OF the fact, II he did 1t him
self, he might be assassinated by some OF the
friends OF the suspected parties. The evidence
he commended was admissible. To refuse to
allow him to show that he had informed the
Government, through one OF its most loyal
citizens, would be to strip him OF every means
of defense Mr.. Ewing read In support OF
his views Russell on Grimes, vol. ., page 30.
This evidence would show why Or. Samuel
Mudd remained silent al that time. This was
hefOre br. Samuel NG00 cOulO nave known
that there was any suspicion against him. If
the fact that he was silent is 10 be introduced
as evidence against him. should not the fact
that he broke the silence by this voluntary
statement to loyal citizen to be communi-
Gated TO the military authorities, be admitted
III his favor.
Judge Holt said, in reply, that the only
groun the prisoner would have to bring in such
evidence would be il the Government had In
troduced q portion of his declarations, when
he would have right to insist that the whole
-h>
the Government had not introduced any por-
ton Of his declarations. 1t was sought to
make this part Of the res oesta, but the case
had been closed the day before. The prisoner
had ted, comforted. encouraged, strengthened,
and sent these men on their way. The case
was completed al p. m. OF Saturday On
Sunday, after carefully reviewing his own
conduct, he sought to relieve himself Of the i'm
putation which he saw his previous conduct
must bring upon him. II was Well settled
principle o! evidence that q person on trial
should not be permitted thus 10 manufacture
evidence in his own favor.
mir. Ewing claimed that the the case had not
closed on the Saturday named. II was claimed
on the parl Of the government OF only that the
men had beer there, but that The fact had been
concealed by him He had surely n right to
1ebut this charge by showing that he had thus
given In formation.
Advocate Burnett suggested that the defense
conld reach what they aimed at by asking
witness If he, acting upon Information re-
ceiyed from DIR. Samuel Mudd, informed the
military authorities CT the presence OF these
men at his house.
Mr.. Ewing claimed that the whole statement
OF the prisoner should be given.
The Court sustained the objection.
By MIR. Ewing:-Did yon communicate to
the military authorities in Bryantown the fact
that suspious persons had been at DR.. Samuel
Mudds, A. l did, to Lieut.. Dana, on Monday
morning. Witness stated to Lieut. Dana that
DR.. Mudd had informed him that two sus-
come there little before day break, one OF
whom had a broken leg; that they were excited;
that they inquired the way to Rev. Or. Will
mer's; one called for q razor and shaved him
self thereby altering his appearance: that he
DIR Mudd) improviseda crutch for the broken
legged man, and they went in the direction OF
PaTson Winners.
Mr.. Ewing asked from whom did you derive
this information
Judge Holt objected. that il was the same
question in effect that had Just heea oyerruled
The Court sustained the objection, but the
objection was afterwards Withdrawn and the
witness answered "Dr. Mudd, the prisoner, in
formed me-
Witness continued Witness gave the in
formation on Monday morning. Mudd said
he would prefer that he should be sent for, and
ne you'd give every Information .,aa In his
through him he feared for his life on account
of he guerrillas who infested the neigh borhood.
Afterward four detectives came to the house of
witness and questioned him, and witness went
with them to Or Sam. Mudd's house. The
detectives went in. and DIR. Mudd, when he
arrived, was told by witness that the detec-
special inquiries about the matter. Witness
was so confident that Dr. SamI Mudd would
make the same statement tina, he had made to
him that he (Witness) lett the room After the
interview the detectives came out. Lieut. Low
EFT, Lloyd, Williams, Gavecan and some
others asked witness to show them the way to
Parson Winners, and witness asked DR. Saml
Mud which was the best route. and obtained
the information. Not word was said by any
OF the detectives about the prisoner having de.
Judge Advocate Bingham objected to this
testimony
nIr Ewing stated that TWO Of the detec tives
were there. the third said that last be admitted
that they had been there and the fourth that he
had denied their presence at the house.
Judge Advocate Bingham said this evidence
was of no benefit on the record except to ira
duce the witnesses referred to.
Mr.. Ewing withdrew his question.
Witness was in Bryantown when the news
OF the assassination reached them and he re-
manned there all the evening. Lieut.. Dana told
witness that the party who attempted TO as
sassinate Secretary Seward was named Boyle,
the same who murdered Captain Watkins, a.
Anne Arundel County;lthat the party who'as
sassinated the President was Booth. and II
was thought that he was still in Washington
Boyle is we'll known in the county, but wit.
ness had not seen him in the county for some
time Witness was at church on Sunday when
the assassination was talked off. At that time
NO enc supposed that Booth had crossed the
river.
MT Ewing asked what conversation witness
had that day with Or. Sam. Mudd, in relation
TO the assassination, and what was said by
him.
Judge Advocate Bingham objected, that the
declarations Of the prisoner cannot be given in
evidence in his own behalf. The prosecution
had not given evidence as to what was said on
Sunday consequently this evidence was not
admissible
Mr. Ewing said that 1t was charged that he
was committing the offense Of conceaiment not
only Of tSe persons themselves. but the fact OF
,aelr having been at the house and this con-
versation occurred during the time which 1t is
charged he was committing the crime, coRss.
ouen'iy it WAS admissible.
The objection Of the Judge Advocate was
sustained.
Witness stated that he had informed the de-
tectiyes that DR.. Mudd had made eff ,rts to get
q carriage to take the parties from his house,
and went with the Younger OF tho two men,
brt failed to get one, and they left his house on