The New York herald., 1865-05-30
Hay, Jacob Thompson and Hol-
combe in the Conspiracy.
Attempt to Disprove the Testimony
Regarding the Secret Meeting
Of Rebel Army 0flcers.
Efforts TO Impeach the Witnesses
Against DR.. Mudd,
THE EVIDENCE ON MONDAY.

WAeHlf'ToN, may ~, 1909
Aer the reading Of the previous days proceod'ugs
M CLANPrT behalf of the counsel for MrA Surra,t
read paper As follows:-
Mary E. surrast OF the accused asking for the
recall Of Henry Van steuaker, witness for the prose-
cution through her COUNSEL says that regard 10 the
the breaking out OF the war he member Of Gene
raj Bcnkcrs sta serving the capacity Of topograpn
death New Cumberland Tor attempting 70 desert 10 the
enemy that on or about the month or May, 1902, he
made second attempt to desert with better
entered the lines OF General ImtOden commander Of
the socalled Confederate States, in about the
month Of May, 1851 scattered beswesu WIN.
time from that date sli May 1889, be was
employed - . dranghtsman by MAYOR General
T. b. Stuart OF the so.called Confederate army; that
In May, lse3 the said Seinaker voluntarily joined Coo
pany K Of the Second Virginia iufau,ry az a private
and drew pay bounty, clothing, and the usual allow
ances OF private soldier and that he detaed
assstant to Captain Oscar Henricka engineer officer
OF the sta Of Major General Edward Johnson the
during the Pennsy campaign OF that year and thai
IN travelling over Swift Run gap he had company
until be arrived near ChAuceossvl,e, whore he zen
WITH Assistant Surgeon Mcqueen Of the called Con
federste States army, and two other sentcmch sad
service that he ranked scrvcn an eng,
neer ofce nor received the pay Of one that ne wss
frequently In the guard house shooting or threat
euing to shoot negroes charged with plotting United
States soldiers near Mine rum Virginia, aud on Other
serious charges that he stole moneys which placed
IN bis charge that he stole horse from Lieutenant Dava
Cockerill, a. the socoad Virginia Infantry and was
tried by court martial for the and found guilty
and that soon after the spring campagu OF 1864 be stole
clothing near che city OF Richmond and escaped
70 Winchester Va, representing himself as beng N
charge of the dcad body OF Major Henry Douglass
sistant Adjutant General General Johnsons sar.
who is present before this court alive and well that
be j. Wilkes Booth, she actor, 10 Virginia
the camp any time Of the Second vrgin regiment
Of infantry, and that no such meeting OF Confedesa,s
where plans for fbs assassination OF President Lncou
were discussed BY her counsel:
FRED. A. AIKEN,
J. W CLAMPIrr
Judge Advocate HoiI said that he not informed
whore the witness but perfectly wiling aha, he
shosld be recalled II found
General wArLAoE inquired whether tho Judge Advocate
had ever declined refused TO issue the proper
mons fes the temperance OF the witness.
Judge Advocate Hour said that he had not: but, On
she contrary, had sgnded his desire 70 b,s
tcndancs
General wAr,Aos said Tint he uads ,Lc inquiry for the
purpose, II the Judge Advocate had never refused
SUMMON the witness, OF objecting 10 putting snch
paper ~ that upon the record.
Mr. CrAM1rf called attention The tact that slcga.
ton had been made that the prosecution bad refused ~
call the witness
General HuNrsR said that The decision OF Tho Cour
last week was that defence desired Won ,ensgcr
recalled every effort should be made 10 recall him.
Mr. AMsH replied that the defence then stated that
ehey did wish him called witness Jor ibe do.
feuce when upon the stand he not cross
for tha that the defence knew nothing shons
M AIEsS said thai Nil known Of h,m As that te ~ss
brought here after having been released from Foi De,
ware, and had now gone none knew wbcro
Judge Advocate HoLr asked by whom the paper inst
presented had been signed.
Mr.. AsKH said bad been signed by the toausei for
Mrs. Surrstt aud would be supported by MAJOR General
Edward Jobnsop, formerly OF the Confederate array,
who was present ~ witness, and by members of his
stat
General wAltAcr--I would like " know for ~hrh one
Of ihe prisoners that paper Is considered netessay
Mr. AkM-For hrs suriaii, ana u has oeai'ns, 10
General WALlAcx-wI the gentleman please 10 rlsie
shs connection OF that paper with Mrs suna,'s cas-,
Mr.. AIEkr-The connection, a. we understand ~, in
simply this: We wish To prove thar Mr.. Booth not
IN Virginia al the lime stated by Won Seiuakcr; that
such meeting OF robsl officers as he alleges took
place; that plans foe the assassination of President
Lincoln discussed. think the language used ~
Che witness was that of The officers told him Lincoln
must 70 up the spout" that lar they
cerned the ocers In the camp or the Second vrRion
regiment were not swaoor any such ian that they lid
not Mr. Booth IN That camp, and that " any sich
plan assassnse the President dad cxist Mn surat
bad no copnectcn with IL, aud knew nothing about H.
Judge Advocate HoI-, is not necessary 70 rceh Tho
witness 10 prove that
Mr. Amxs-we propose to call the witnesses hero ~ 10
whether they would believe Won S,eiuakcr en his oath
Judge Advocate Hott SAID that he vas wiling n
ecquiesce In the apphcrton but be wisisd The Court 10
consider whether paper such as the ono witch bad been
read 20 srngentiy defauatory It's character should
bo allowed 70 Rc upon records when really the
basis OF no application which had not been consdera
and granted
chat understand disnctiy and hold IN -ery sprreos
contempt such pract that. Il very dieredtaos
Ia me parties copcefnedto the attorney, and Daf nit
sed, In my Judgement will be discrednablc a the Cnur
Mr. CtAnrrr.-May please the touri, do mol DESIRE
standing iD the poston that DO u do anything that
would reflect upon The counsel the degree thai
DER of the Court has spoken but understand nay pos,
ton, may II please The Court or .be counsel Cor
Mrs hurratt We here standing within the foStals OF
fss constituted temple VI justice and here TOR the pvr-
p'n of defending The very citadel Of liberty and feel
u No. he our duty 10 use every exertoa iD our power
consistent xth forms thai obtain before court " Tn
peach and destroy The icsiimony OF any wnoss ~boss
Testimony can properly be impeached, and We do ~.
the purpose, W possible OF shielding the accused 10
=. the same lime boupden duty, and sn obBga,ioa
that we 0ve 10 csnl, thai should spread before
the Cour The character OF the witness the part oi
she prosecution who has made this explanation hope
n will be satisfactory 10 TIE Court
General WhLthosit Ia mo- satisfactory W mr. 'of the
reason that be bas IN instance been denied The yrvi
lego which he has sought by that paper
General HOwE-Ncitler has he shown any connection
OF the paper With the Of his client
hr AWHs-The Judge Advocate has stated that n Won
stenakcf could be readily found he had objection 11
his recall There seems ~ be isuDdersanding how
sver ,n reesrd TO our asking for thai We do mol pro