Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-05-15
EXTRA.
TRIAL OF THE C0NSPIRAT0RS.
IMPORTANT TESTIMONY.
FULL AND ACCURATE REPORT.
APPEARANCE OF THE PRISONERS.
First Days Proceedings,

X
The detail OF the Court, which sits daily in
the old Peniten tiary, near the Arsenal, consists
of Major General ID. Hunter, U. S "; Major
General Lewis Wallace, U. s. "; Brevet Maj.
General August V. KautZ, u. S. "; Brigadier
General Albion P. Howe, U. S. v, Brigadier
General Robert S. Foster, U. s. "; Brigadier
General James A. Ekin, u. S. ". Brigader
Gen. T. M. Harris, U: s. "; Brevet Col. Q. Il.
Clendenin, Sth Illinois cavalry. Brig. Genl
Joseph Holt, Judge Advocate and Recorder.
Hon. John A. Bingham and Brevet Colonel
Il; L. Burnett, Assistant Judge Advocates.
Brevet MAJOR General Hartanft has been as
signed to duty as special Provost Marshal
General for the purposes of the trial and at
tendance upon the Commission and the execu-
ton OF its mandates.
The prisoners arraigned and on trial are
David f. Herold, George A. Adzerodt, Lewis
Payne, Michael OI.aughlin, Edward Spang-
ler, Saml Arnold, Sam'l A. Mudd, and Mary
The counsel for the prisoners are:
Hon. Reverdy Johnson, Senator of the United
States from Maryland, for Mrs. Surratt
Mr.. Frederick A. Aiken. for Mrs. Surratt.
Mr.. John w Clampitt, for Mrs Surratt.
Mr.. Frederick Stone, for DIR. Mudd and Her
MT Thomas Ewing, Jr., for DR.. Mudd and
Mr.. Walter S. Cox, for O'Laughlin.
Mr.. William E. Doster, for Payne and At
zerodt
The Commission having disposed OF por-
ton of it's business on Saturday morning, upon
reference by the Judge Advocate to the neces-
ity of the names of counsel being entered upon
the record, the President of the Commission
(Gen. Hunter) said in relation to Mr. Johnsons
appearing here as counsel for Mr.. Surratt, or
either OF the prisoners, nave note from one
of the members of the court:
"Mr President: feel it to be my duty to
object to the admission of Mr.. Reverdy John
son as a counsel be.ere this court, on the
obligation of an oath that is designed as a test
OF loyalty, or to enforce the obligation OF 10y
atty to the Government OF the United States;
and III support of this objection nave the honor
to refer the members OF the court to his opin-
ions on this subject published in letter over
his signature pending the adoption Of the new
constitution OF Maryland in 1864"
MIR. johnson. 1 ask who the member
of the court is that makes that objection
The President Yes, sir; it is Gen. Harris;
and if be had not made 1t, should have made
it myself
Mr. johnson said that it was difficult to
speak of the objection without having the
opinion before him. That opinion could not
be tortured by any reasonable man into any
such conclusion. 1t was an utter misappre-
hension of his meaning, and an utter Iaisappre-
sion OF the terms OF the opinion. There was
no member of the Court, including the Presi-
dent and the member that objected, who recog-
niZed the obligation Of an oath rGore absolutely
than he did; and there was nothing in mis- life,
from its com m en- cement to the present time,
% hich would induce him for moment to
avoid a comparison, in all moral respects,
between himself and any member OF the Court.
In this rebellion, which had broken down so
MANY moral prin ciples, II had been his pride to
stand by the Government from the beginning
to the present moment; to take every obliga.
tion which the Government mas tnougnt 1t
necessary to impose, and TO do his duty faith
fully in every department Of the public service,
as well as in his individual capacity. Ii sucn
an objection was made In the Senare OF tne
United States. where he was known, he fore
bore to say how 1t would be treated, because
he knew the terms in which it would be
decided The convention called to frame a
TOW hn :"
under the authority of an act OF the Legis
lature of Maryland, and under that alone.
They had prescribed this oath; and all that the
opinion said or was intended 70 say, was that
to take the oath voluntarily was not craven
submission to usurped authority, but was ne
cessary in order to enable the citizen TO pro-
tect his rights under the then constitution, and
that there was no moral harm in taxing an oath
which the convention had no authority TO i'm
pose He was there at the instance OF that
lady, [pointing to Mrs. Surratt] whom he
never saw until Friday, and never heard of,
she being q Maryland lady. He was there to
do whatever the evidence would Justify him
in doing in protecting that lady from the charge
upon which she was being tried Tor her Life
He was there detesting from the bottom OF his
heart everyone concerned in the nefarious plot,
carried out with such 1endish malice as much
as any memDer of the court and not TO pro-
tect any one whom, when the evidence is Of
fered, he should deem to have been guilty, even
her.
Gen. Harris said he had no personal feeling
had been of the most favorable character, but
as a member of the court his sense OF duty
compelled him to make the objection. The
matter in question was one OF ethics 1t was
the morality of the thing, the moral obligation
of an oath voluntarily taken, which, II ne un-
derstood that language, he (Mr. Johnson)
taught his people might oe set aside and con-
sidered as having no force, or binding obllga-
tion on them. He taught them that the Con.
yention had transcribed its authority, had
done something that it had no right to do, was
requiring as qualification foz the exercise OF
the right of suffrage something that it had no
right to require, and that consequently they
might voluntarily take this oath in order SIM
ply to entitle them to vote, without considering
it as having any moral binding force in IT,
But he should be very sorry to do injustice to
the gentleman; and having made his objection
simply from his recollection OF that letter, it
was perhaps due to the gentleman and to the
members Of the court that the letter should be
submitted to the scrutiny OF the court before
making their decision. After some further dis
cussion between Mr.. Johnson and Gen. Harris
the court was closed, and upon reopening the
latter withdrew his objection.
JOHN LEE, a witness for the prosecution,
testified in response to the questions OF the
Judge Advocate that he belonged to the military
police force of this city, and examiled In the
Kirkwood House the room OF the prisoner, At
Zerodt l was ordered there by Major
WIN vi his the torrs rest H St n1d ms Iorte e.;
to the top part Of the building and see
person cOulu get IN tnefo or NOT. went and
made the examination. and told him the house
could very easily be got in from the roof and
from the stairway that went up from the
back yard to the top of the building, which
would leave you go any where you wanted in
the building. told the Major Of these circum.
stances; he was in quite hurry at that time; in
fact everybody was in a great deal OF hurry.
This was on the nj ightofthe 18th of April. 1 then
went out into the bar.room, and while 1 was
there q friend came mp to me; say friend,
because it was a man whom see about the
streets every day. He said there was rather
q suspicious. looking man there who had taken
a room the day previous, and that had better
20 and look at the book. went and found the
name as near as / could make 1t Quit was
written very badIy-G. A. Atzerodt. 1t was
written very badly; in fact, nobody could
make it out until went to the book The pro.
prietor Of the house could not make it out
then went up stairs to the room. Isaw one of
the clerks or men attached to the house, and
asked hiri to 60 up to the room with me, saving
that should like to go and see it. I went up
stairs TO the rosm. The door was locked The
man SAID that he thought the party who had
IA the room had carried the ke NOV ,x,;th