The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-26


must have been their intention.
@ How long did that powder remain theres A. In
Q Do you know whether the fact Of its removal was
kept secret from the prisoners themsevesf A !
By the CouRr--Q Did you understand by whose au-
thorty the powder was put theref A. was done when
Q State whether or not Major Turner, the keeper Of
the prison. did not 70 be acting under the authority
Of the War Department. A. He meyer told me that he
was acting under any orders In the natter or even that
Q. Was be not subordinate Of tho War Department.
4 Yes, sir.
Testimony OF John Latouche.
BY Judge Advocate HoLr-Q. State whether or not
you have been the service OF the Confederate States
army A. Yes, sir; was in the Confederate States
g state whether Or not you were on duty at LIBBY
prison In March, 1884 A. ! had been detailed thoro
and was duty at that place at the time.
State what kgOwledgo you have, II any, copcenns
Of
prison, told day that he going to see Gen.
Winder about guard; believe We had no relief that
day when he returned he told that General Winder
himself had been to see the Secretary Of War; and that
they going put powder into the building; tho
was in twenty-five pound packages, which were con-
tanned in boxes, and altogether amounted to, suppose
the middle basement, and the powder was put down
there tho ground was then covered With gravel took
placed him over this powder 30 that no accident might
occur the next day Major Turner showed the fuse
IN II, the office; 1t was long fuse, and was mad made
think some time in May when the prisoners were all re.
moved from the prison; General wnder then sent
note TO the officer with directions to take up the powder
as privately or as secretly as possibe do not remem-
Der the exact word.
was to be set of. A. did not hear at that time;
heard him say afterwards that In OF the raiders
eanDr ha Sudns the in
itf A, suppose So
Testimony Of George n. McGee.
BY Judge Advocate HoLr-Q State whether you know
a m A.
service of the rebels
that Arnold here trial for having been engaged in
conspiracy to do certain things and that 1t is not compe
tent for the to show such be the fact that
before he into this conspiracy he in the mill
tary service of the Confederate States He Is trial
States. He not on trial for having taken the
Of allegiance and broken 1t; for they may nt to
i1ow '1s up py statement OF That KIND as nas been
offence defined clearly In the charge and specifications
and is not compeentit seems TO c early not COM
petent-tO attempt TO aggrayate the offence with which
he is charged, and OF which they seek to prove him
guilty, by showing that he has been unfathful to the
government in other respects and At other tmcs And
II Is introduced and be introduced for other pur
pose than that Of aggravang his alleged acts in connec
would be effect allowing the prosecution to introduce
testimony to the previous character Of the accused
and Is allowed TO the prosecution More than that
II would allow the prosecution 10 do what the accused Is
not allowed to do In his behalf the point Of cha
character may be inferred
Judge Advocate Hofr-T will make only single re-
mark. think the testimony in this case has proven,
what believe to be sufficiently demonstratve how kim
dred to each other the crimes Of against the
nation and the assassination Of its Chief Magistrate The
one seems 70 DO necessary consequence OF
a. It is certainly logical sequence from, the
GlMsr n,,ra ns marde. & the PRESIDENT % o. the
emnently political assassination. Dsoy atty to
the government was its sole, ts only inspiration.
When, therefore, shall show upon the part of the
cused acts Of intense dsoyaty the bear OF in
the field against that show the presence
Of an animus towards the government which relieves
this accusation Of much, ii not ali, probability The
Of proof constantly resored in other courts
do not regard in the slightest degree departure
from the usages Of the profession in the admin
Of courts Of justice The purpose TO show that the
prisoner his mind In his course Of life was pre-
pared for the commission Of this But tho ten
dcnces Of his life evinced by and overt acts
point TO the crime, If not as natural certainty, a
most probable result It is that view and with that
object that the testimony is offered.
Assistant Judge Advocate BINGHAM referred TO Roscoes
Criminal Evidence (page SO 81 authority for the
rule Of law that when the intent with which act is
done initial other acts Of the prisoner not initial to
prove the INTENT may be givcn in evidence. II was
alleged In the charge and specifications that the prisoner
Arnold and others, were engaged in conspiracy to
der the President Of the United states and Others with the
intent to aid the rebellion against the United Stes The
object here now TO establish that intent thus put in
issue by proving that the prisoner himself part Of
Mr. EWING said that he would defer speaking upon the
general principle involved, and content himself with
reerencc to the authortis in support oi his position
He accordingly referred 10 several authorities the sub
Ject, from only OF which quote follOWs"Evi-
dence will be admitted the part OF the prosecu-
ton TO show the bad Character o the accused unless he
has called witnesses in support Of his character and
even then the prosecution cannot examine to patcu
lar acts.
The objection then overruled, and the following
answer 10 the question given by the witnesg:-
A. could not say positively
O. What knowledge have you on the subjectS A.
have seen the prisoner In the uniform Of the rebel mill
tary seryic
q Was 1t the uniform Of a private soldier or OF
oticerf A. A private soldier.
n hiatt I.tsy t.u. l,vL 10
in 1862
by hr. EwNe-o At what time did you see the prs
oIer dressed in r bel uniformf A. / think II was in
1864; cannot say positively.
Testimony of John l.. Caldwell.
BY Assistant Judge Advocate BURNErT-o. Where do
you Tesidef A. At Georgetown.
q State where you we're on the morning after the
sassinatonr A. AT Matthews Co.'s grocery store, in
@ State whether you saw at that timo any OF the
prisoners at the bar, aud which A. that
lAtzcrot at about eight O'Clock lac came into the store;
going into the country, and asked whether did
want TO buy his watch said no, had for one;
he then asked ne To lend him ten dollars; told him
had not the money to spare he then took his
volyer and said, Is nd dollars and this
security; will come back next week and return you the
money thought the revolver good enough seca-
rity, 80 loaned him the money.
revolver shown ~ the witness, which he recog
nzed as the one referred TO. II loaded when he
ceved IT, but had the appearance of having been fred
Testimony of Mary simms, Colored.
whether you know any Of the prisonersr A. know
that one (Dr. samuel A. Muddl
Y state whether you lived with him and his
slsyeS A. was his slave, and lived with him four
years; left him about month before last Christmas;
free then.
when you lived with the prisoner did You hear him
say anything about President Lincon2 A. heard him
say when he president IincoD) IN here he stole
here In the night time, dressed in womens cothes that
they laid In wait for him, and that they had caught
him they would have killed him
Y State who sited himy A. man by the name Of
Y Who called this man Surrattf A. Dr. Sam Mudd
and DIR. sam Mudd's vile called him Surgatt
u State tho appearance OF the man surutD A. He
young looking rather slim, neither very tall
very short his hair rather lghtat least not black
Y Stale where he slept when at Dr. Mudd's houseY
A. All Of us sept out In tho woods.
q State how mnny were with them when they slept
In the woods A. There Captain White from Ten
nossee Ben Gwyn, Andrew Gwyn and Georso Gwyn.
How did they get victuas 70 eat while they In
the woodsf A. When DR. Mudd went In the house with
the 10 get his meals he put out at the door 10
watch II any body along then at other times he