The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-03

talk aooss ouFnns the thes..- and, being . hsavy
sleeper be ". afraid 70 assp tnsr. 20 a. :. M
morning v:s. s , .sS ~ night: 2.
street near the theatre; We wasd around that sfser
noon ana parted In the evening
yo1 were with him Spansisr had much monsyi A rs
nao very little change
l ana stayed about there great dealt Al IA aid
On what terms was he with the employer A. On
intimate terms; he seemed to become familiar with
The rope found in the carpet bag Of SpangIer was
noted TO the witness when he stated that resembed
weeks the ASSASSINATION to carry up lumber
10 tho fourth story Of the theatre He thought had the
appearance OF having been used and Of having lain out
Tsstimony or James Lyon.
n, by Mr. Ewnc-9 Are you acquainted with JaooS
assassination A. did on Saturday.
DID he say anything to you as TO conversation he
Yes he said 1t was well for Ned that no had not some
thing in his hand at the time asked him why said he,
up at the same time saying you know nothing about
@ In what connection did he say tina. happened A.
he said he was acquainted with Booth and remarked 70
was that was Booth who OUT" then Ned said, ''shus
up; keep quiet; what do you know about its"
@ When did he say that VAST A. That WINS while the
party-Booth or whoever II might be-was leaving tho
stage that is making his escape this Jake rushed
up and was making this explanation, ~ know him.
know him; that man was Booth p Ned then turned
round and struck him with the back Of his hand and
said "Shut up you know nothing about IT. what do you
know about IL; keep quiet.'
Did or did not Jacob Ritterspaush say that spanger
said to him. "D0 not say which way he went" or words
To that eilects A. He did not; am sure.
Testimony or G. w. bunker.
By Mr. EwINa-Q State your occupation. A. am
clerk at the National Hotel In this city.
State whether after the ASSASSINATION Of the Presi
dent you found any articles in Booths at the Ma
tiona. A. packed up Booths baggage and had it
sinat0n
@ Did you find any carpenters toosf A. found
large sized gmbet with iron handle in the trunk;
took II and carried 1t to afterwards gave it 70
Mr.: Hall, who was attending to Ford's business
u Do you know whether John Mccullough, the actor,
was in Washington the LIST Of AprilS A. have examined
our books thoroughly and find that tho last time John
Mccullough registered the 18th OF March he left
the house on the 26h of that month his namo is not ON
our books after that date
to WssSnrons He maae 81 hs hams at the
National; have never known Of his stopping at any
other place. ~
you see him in the city after the Goth OF Marchi
A. did not.
Testimony OF Charles b. Hall.
BY Mr.. Ewxd-c State where you have been living
FOR the past two three months and what has boon
your occupation A. have been acting clerk for
Mr. Wharton sutler at Fortress Monroe.
Q Is his store inside the Notifications ousidcs
1t is inside, at what Is called Old Point.
State whether you are acquainted With the prisoner
Arnold. A. got acquainted with him at hir. Whartons
store he there the part March FIRST
OF April could not state tho date; II Sunday.
@ State how long he remained there. and what his
business was. A. He assisting me at bookkeeping:
he stayed there two weeks and day, 1 think.
O. Did You see him there constantly at that timer
saw him, however every day.
state whether or not If So, when Arnold made any
application for employment? A. He did, think about
the first of March--some time N March.
T. DO you know what became Of Arnolds letter. A.
Major Stevens has It.
Q. How many letters did he write applying for posi-
sition? A. only saw one; that answered myself.
O. At what time was the answer writtenY A. could
NJ tall hat. IntAr r
@ Did you Arnold every night during the time Of
his employment A. Yes; he slept in Mr.. WhartOns
store every night
Testimony OF Miss Marg aret Branson.
BY Mr. DosrER-Q State where you live. A. In Bal
O. State whether you have ever seen the prisoner
Payne, and, II so, where you first saw him. A irst
him at Gettysburg.
y State the time and circumstances A. do not re-
member the time 1t was Immediately after the battle Of
Gettysburg; was there as volunteer he in
don't know whether he there a nurse or not
9. Was he soldier A. don't know that he was;
dressed in black pants, no coat, dark souoh hat
@ What name did he go byP A. BY the OF
Powell, and by the name Of Doctor
q How long did You know him thereS A. do not
know the time; was there six weeks and do not
know whether he was there the whole time not
@ In the hospital where he seemed to be attending tho
sick and wounded were the patients both Confederate
T. About what time did you leave the hospitaS A.
Tie first week in September
q When did you meet tho prisoner Payne AGAIN. A.
Some time that fall winter do not remember when
met him at my own house; he remained there only
few hours; had very little conversation with him.
Q. Did he state to you where he was gonCs
Question objected TO by Judge BIsGuAx, on the
ground that the declaration Of the prisoner could
received in evidences.
Mr DosrEn replied that he intended set up the plea
of insanity in the Of Payne and while the dcclara
lions of to prisoner would not be admissible to provo
his innocence yet 10 provo his insanity his declarations
were acts, and therefore admissible.
Judge BIEGHtM replied that the counsel had laid NO
ground for this course of examination to prove insanity
Mr.. DosrEa said that the prosecution themselves had
laid the ground by proving series Of acts Of asassina-
ton which he should claim were the work Of insane
man.
Judge BINGHAM remarked thu; he Supposed was then
the theory OF the counsel that man might take knife
large enough to butcher rush past all the attend
ants In the hourc woundin2 and maimng them, stab
sick in his bed again and again. and escape punish
ment the ground thai the
n man To commit.
Dir. DosrgE replied that all the circumstances
ed with the assassination upon themselves evidence
OF the work Of insane man. Tho prosecution had
proved that the accused entered the house by strata
gem very likely 10 be rcsorted 10 by nsanc man,
without the slightest possible disguise, stopping for Eve
minutes to talk to negro his way, committing
the decd making no attempt at conccamcnt leaving his
pistol mud bat there in tho and throwing away his
knife deliberately where could be- found in front OF
Mr. sevards door getting his horse and riding away
10 deliberately that man on foot could follow him for
square, then, instead of escaping he could very
well have done his horsc turning his horse loose,
wandering about tho city and finally oiDg to tho house
Of all others where hc would be liable 10 be arrested
H. claimed that the prosecution In the proof of these
acts has laid abundant ground for tho ho
was now making, and hc called attention 10 Psyne's
sold manner In court different from that OF the other
prisoners.
Mr. clAMrrrr said that he did not deny ,be right Of
counsel to set the plea OF Insanity any other plea
FOR his client but he ind snanty TO protest against
his bringing In the hou6e or MB Surr place whore
such would be most likely 10 be arrested There
was no evidence that the house Of Mrs. Suratt q
place no would DO likely 30 to for tho purpose Of hid
Ing and screening himself from Justice
Objection sustained BY the Court.
Q How long did be stay al your house, A. few
hOura
q DO You know where he went them A. do not.
Y Where did you hin. the third timer A. In Janu-
AIRY or this year, at my own house.
Y Describe how he dressed al the time, A. Ia
black cothing citizens dress.
q What did lac represent himself 10 bee A. A rcfu-
geo from Fal auier county he gave hts Payne
y How long did he stay at your bouscS A. think
six weeks aud fow days. do not remember the cxact
TINA