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

asfence end believe that be had sse fousht IN Ssno,
u non: sad ends should attempt 70 assassinats me-
fsrr xou'S s Or thoss be believed killing ht
~ouio MOI that give riss 70 tis suspicion thai b
W Aocnne under fanatical delusionf
UyeGssa 70 oy Colonel BURNETT who said that n the
- ABOUT through with his exam he vouIf
no otherwise he would object 70 the continued
s."s nA''on entirely Irrelevant and foreign 70 thu
M DosrR replied that he h,d .bout dozen ,,or.
70 put that he had sent for witnesses 70 F1or-
Mo nsa not yet appeared and hts examination OF
Uaas' 0ova's the necessity Of recalling him
Shs objection was sustained by the Court
Y Nh your opinion that the person have spoken OF
In commahg the crime alleged under the circum-
stancNs was conscious that he was acting contrary 70
Law, or yhe'hef he was AbOring under any and what
Question objected 70 BY Judge BzxozAx on the ground
thai me case put was an entirely hypothetical one and
NJ DosrEg replied that he had NOT the right make
te application to any particular CASE he had taken
the question from the books no had cited sustain his
Decentralization on Criminal LAW"
Coioned BURNETT said that the counsel proceeding
in an examination based upon hypothesis having
application to any state OF facts proved this case
there was no Law found In any book that would uphold
him in such course The Assistant Judge Advocates
had been instructed by their chief to allow the utmost
hberaity To counsel in the Defence but their duty
TO interpose when counsel were proceeding far
render the record absurd and contemplate.
Mr. DosIKk replied that he believed the question
srcuy icga out knowing very well the result OF the OBJ
lection IN this Court he would waive the question and
q Under this state of facts would or would not tho
inference OF insanity result thercfromf A. II may be
allowed 70 make an explanation, will say that have
thus far gwen categorical to the questions put
am as rule, very much opposed 70 giving opinions
upon hypothetical for the best OF reasons
Ceive that have none; l could give no definite opinion
upon the facts implied in the questions that have been
submitted Every OF insanity IL q by ITSELF
and has to DO examined with all the light that can be
thrown on II, and II Is impossible for me TO give
opinion, therefore, upon Hypothetical Case.
Testimony OF MIR. Dawson.
@ Are you clerk in the National Hotel in this cityf
Look at that and see II Il wns ever received
in the National Hotelsf A. II found among the
initial letters u couple OF weeks before was here
notced IT, and the initials struck rather peculiar
DO you know the exact date when 1t was received
BY Judge Advocate BlseuAm-o opened IL when
you brought it to me. 1t was not opened befores A
No, sir.
Mr. PrxAs at the request Of the Court then read the
r soSrT PrasG. p s"Pss April
about che OH Speculation The subscription the stock
self which i about ali stand You your
@ ySHF @
1Gs Ina a'
but
vi. Tom DON. get drunk you viii get
half write have been drunk for two days Don't wrss 30
much hgtfaiu,n time. No only Jake WIN be
Sue Guthrie sends much love,
Mailed at Cumberland. Md, April 8.
This letter according 70 the post mark was mailed at
Cumberland Md April 8, although it is dated April 8.
O. To whom, besides Wilkes Booth who stopped at
your hotel do these initials belong? A. AS far as re-
member don't know anybody else TO my knowledge.
Testimony OF MIR. Mott.
@ believe that you we're the barkeeper, or one Of
the attendants. at tho hotel at Surrattsviles A. Yes
O. How long was that your cmploymentP A. From
January till arrested the 10th Of April;
time was away week, and sometimes would be away
@ I desire to ask you what your attitude has been
toward the government since tho war; A. have
O. Or said anything against III A. No sir.
q Nor against the Union party In Maryland A.
No. sir.
q Do you know Mr. Smooth? A. Yes. SIR
@ What Is his first manner A. Edward
@ Do you rccoect having any conversation with him
on the 14h Of AprS A. do not sir.
O. Do you recolect his saying you that II sup
posed John H. surrntt was one Of tho murdcrerss A.
O Do you recocct telling hip that surratt was un-
doubtedly In New York ut that timer A. may or may
not but don't rccollect It.
matter, and that you could have told him all about it,
and how 1t would have occurred six months agot A. No.
O. Did you At that time toll him not 10 mention the
conversation you had with hims A. No, sir; don't
think could have said such thing.
You have never been unfrcndly TO the government?
A. No. sir
Testimony OF MIR. ReybOld.
Q. HIVE you visited Ford's theatre since you wsre
upon the standr A. Yes sir; have.
@ Did You examine the keepers Of the locks of boxes
Nos. and 3? A. Yes sir
@ State the condition in which you found them. A.
Box No had been forced, and tho wood split; box
No was also forced; you could put the in aud
out VI box No. 8; the keeper Is forced aside.
Testimony OF ME-: Smooth, for the Prose-
cutlOn.
Q State whore you reside A. In Prince George
@ How near Surrattsvillee A. About one mile
Q Are you acquainted with q named jenkins .
brother OF Mrs. Suratu A. Yes sir know two Of her
brothers.
@ Do you know the who has testified in this case
J. Jonkinss A. Yes, sir
ment toward the rebellion. A During the rs year he
was looked upon as Union man; after that he was
looked upon a seccsh sympathizer.
q Do you know Mr. NotH Yea.
T. Did you have any conversation with him on the
Saturday succeeding the murder A. had.
ncSied with fenera Augors once and ona ee the, ,oiI
Surratt supposed TO be the who cut Mr.
Seward and asked Mr. Mott II he could tell wherc
Surat was he said he thought no in Now York by
that timc asked him why that WIS, and he said "My
God John Surratt knows all about ,hs and you sup
ne 10 n WOW a Sn anS @ them
happen six months ago" Then he said, "koep that In
your skim for you should mention 10, it would ruin
Q. What was Motifs attitude 70 the governmentf A.
have heard him speak against the government and do
nognco the administration 10 every manner and form,
did not want 10 1.-Two another day
In long examination tho witness simply re-
peated his testimony in chief
Testimony Of Mr.. Rogy.
Q. State whore you reside A. In Prince George
county
@ How far from SurrsttsvHlcs A. Three or four hun
dred yards.
Q Are you acquainted with J. D. Jenkina A. Yes
sir
Q How long have you known hirnS A. Since 1861.
q state 10 the court whether you hold any position
under the government. A. was appointed as enrolling
officer the 18th OF June, 1858
State 10 the court what the reputation VI jenkins IL
has been since 1851 with reference ~ loyalty A
heard but opinion, and that that In 1861 he
looked upon AZ Union man, and after that time
. sympa,hizcr with the South
O. Has no boon In the attitude OF talker against tho
govcrnmcn1 A. Yes, SIR, since 1862.
CONGRATULATIONS.
Q Were you q member OF Fox's company in 1soR
A. No, SIR; was member of another company.
O. You state that 10 1862 Jenkins rcg srded
a Union manf A. Yes, sir; saw him between tho Och
Of April 1891, and the 9th OF july; hc h~rring
N