New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-08
ran WITNESS wnIcEndAH5
Effort to Prove Him a COnsplratOr'
THE CASE OF DR.. MUDD,
D,.,..ch TO The N. Y. Tribune.

spfrsoy trials to-day. The crowd continues as large as
svef and unless better progress is made the evidence
viii not be closed for two OF three days.
Mr. Ewing Dr. Mudds counsel. indicated q purpose
10 break down the testimony OF Weichman, one OF the
srincpal Government witnesses, by showing that he
vas one of the consprators but be met with no consid
srsbe success in his effort hard fight seems imni'
uent upon his case.
None of the counsel for defense admit having closed
Che case IN behalf Of their clients but not much more
evidence will be introduced for any one except DF
4udd
u The Associated Press
WASHINGTON. Wednesday. June :, 1865.
The record of the previous day was read.
The Commission then went into secret session, qua,
amer a short time the doors were reopened
After considerable delay in consequence oil the non
attendance Of witnesses the testimony proceeded as
6bnows:
EXPERIMENTATION OF GEORGE BoosE icoLoaED)
By M. ErJng the day in regard 10 which testi'
Acd previously the one on which met the prisoner
Pr Samuel A Mudd on byIoad near my house, was
lforn the point where crossed the main ROAD coud
not see the whole of that byroad if anybody had been
travelling along the main road with DIT Mpdd the per
con would have been very where crossed the
road.
By Assistant Judge. Adroc0t. Bingham-Did not say
SAat saw DIR. Mud whom he turned off the main road
end not having him then could not say mat iheie
Vas no person with him.
EXAMINATION OF RICHARD EDWARD sKlNhLR Col-
ORED.
By Mr.. Ering-I live in Charles County. Nd and
have been the slave Of Mrs Thomas mother Of Daniel
T. Thopas, whom have known for 80 years; his repa
cation as truth teller is bad but could not say that
would not believe him Oh his oath; have heard gen
6enen say that they would not believe him on oath;
when the war broke ont he was not 10y mani SINCE
1hen he has beer chaDgeable.
BIZ Assistant Judge Adc0cafe Bingham-I have not,
since the commencement of the present trial. heard any
ope speak Of Thomas ) a not TO be believed on
oath. L did not hear gentleman that lie was
hpt 10 be believed on oath in court Of justice.
There being no further witnesses present, MI Ewing
stated that there remained TO be called in DR.. Nudds
case thirteen witnesses none Of whom lived than
tventy.four miles from Washington. He presumed
hat the subpenas Of the witnesses had mscafled az
Ne was informed late last evening that number OF
them had stated that they had not been subpenaed
Assistant udge Advocate Burnett said that the sub
each nss Th aIS e d.
teetion Of the Secretary Of War that they DO served
forthwith.
- which hour the body reassembled.l
EXAMINATION OF JOHN W. WHARTON.
Nv Mr.. Erine-I live in Baltimore; am engaged at
Fortress Monroe the outside Of the fort the prison
Or Samuel Arnold was In my employ meht az ceik
om the Cd to the 18th OF April the day OF his arrest
during that period was absent only three aays the
nrisoner performed his duties regularly and faithfully
during the time he was employed by me; received
stter from the prisoner about the latter part OF March,
BEFORE he entered into my employ
O. Did say anything in that letter in regard to his
0brmer occupatlopf 81,
fAsyis slant Judge Adv0catc Bngnhm ODJeclcu 10 tne
question as irrelevant The objection was sustained.
THE MOREHEAD CITY LETTER.
Mr. Ewing then moved that the translation OF the
epher letter alleged TO have been found IN the DOCK Of
Aorehead CITY N C., be stricken from the record Tor
he twofold that II bore upon Its face an eV
aence that it fictitious, and that upon the painest
rules q evidence %as wholly ns ASH men
been identified and had not been shown TO have been
addressed TO, or been in the possession o. anybody
connected with, or charged to have been
fed with the cOnSDlracy. Inc rule
n regard to declarations in cases OF
conspiracy that they might be admitted where they
we're the declarations of OF the consplra.
tors and when they the declarations OF con.
ppirator they must accompany some Gct OF The con-
spracy Mr.. Ewing read from Barnye, page nv ana
ntaed further that the contents of the letter had not
been shown be the declaration OF any one Of the con
epiretors but entirely unconnected with the sub
Sect under investigation, and were, therefore mad
missible The motion Lad not been made by
che speaker owing TO the fact that he not in the
court when the letter was presented and was not
Informed Of its presentation until to-day.
1.-The letter referred TO has already been pnblshedJ
Assistant Judge Advocate Bingham stated that II
Vas alleged in the charge and specifications that this
conspiracy entered into by the parties named and
~ Others unknown. He cited instances in which the
declarations Of parties who neither indicated nor
trial. were admissible far those declarations had
bearing upon cases piracy and the principle
vol settled that letter written and never delivered
Vas admissible on Trial Of conspiracy The letter in
y the bar but i snoae not be be excluded
hom the Court that account. The speaker
commended that sufficient foundation had been laid
70 Justify the introduction of the letter had been
shown that Booth plotted the assassination OF the Pres
ldeut with the agents Of the Rebellion Canada who
Weighed him on, the price OF boodi that 1t fell TO the
lot Of one Of the consprators to go TO Washington 10
strike murderous blow in aid Of the Rebellion; thai
smother was ordered ~ ~ Newbern n. C.. aud that
Shis internal letter picked up in the vicinity Of
Eewbern and the fact that IL was written by cocoon
ppraor was patent its face. He'd the letter been
lonnd In the pocket Of BoOtb who would say that 1t
0ss not admissible in evidence against him and against
evsry one else conspiring with him In his bloody
Norks
After further argument the Commission decided not
- sustain the motion Of Mr.. Ewing
EXAMINATION OF MISS MINNIE POLE.
by M Euing-I acquainted with the prisoner
Arnold; saw him on the 2Jth March in an OMNIBUS
going 10 Hookstown and tho 9th at his uncle or
18th. at witncsss house near Hookstown.