Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-21
ATZERODT REFUSES.
ARGUMENT oF MIR. DOsTER.
In our first edition we gave an outline of Mr.

ARGUMENT OF MIR. DOSTER.
In our first edition we gave an outline Of Mr..
Doster's argument in behalf Of Payne.
Upon the commencement Of Mr. Doster's
argument the prisoner Payne (or PowelD
moved uneasily once or twice in his seat, and
after casting his eyes slowly about the room,
fixed them with steady look on his counsel,
comparison with the interest manifested by
the other prisoners. Arnold ceased to lock
through the grated window by which he was
Of er as
seated Immediately on Payne's right,
turned half round and watched the face OF the
latter with sort of half amazed stare. The
illusions to Payne's early life, the teachings
of his mother, and the social inf uences of his
sisters, seemed TO move the prisoners His
eyes grew misty, and assumed vacant look,
and his fingers toyed with each other nervous
ly. Finally Payne dropped his head and
maintained that posture until the
conclusion of the argument, with the
exception Of an occasional sideloug glance.
once he raised his eyes and his face flushed
during the narration Of his experience in the
rebel army and his restitution in Baltimore.
Tense he crossed his legs anu rested his mana
cled hands on his knees, slowly sweeping the
room with his eyes, and finally settling down
into an easy posture, as If relieved by the ter
mination Of his case.
Upon the conclusion Of the argument in be-
half OF Payne the Court took recess, after
which Mr. DOSter entered upon the argument
ia behalf Of Atzerodt, commend cling by offering
a statement by his client as follows:
The prisoner Atzerodt submits the following
statement to the Court:-I am one Of party
who agreed to capture the President OF the
United States, but am not one Of party to
kill the President Of the United States, or any
member of the Cabinet, or General Grant, or
Vice President Johnson The first plot to cap
ture failed, the second to Kill broke away
from the moment heard Of it.
This Is the way 1t came about:-On the
aipN Of fho ~ ArNril T
Payne at the Herndon House, in this city, at s
o'clock. He Booth) said he himself would take
charge Of Mr.. Lincoln and General Grant.
Payne should take Mr.. Seward, and l should
take Mr.. Johnson told him would not do
it. That had gone into the thing to capture,
but was not going to kill. He told me was
fool, that would be hung ANYHOW, and that 1t
was death for every man that backed out. and
so we parted. I wandered about the streets
until about O'Clock in the morning, and then
went to the Kimmell House, and from there
paWned my pistol at Georgeto wD, and went to
my cousins house, in Montgomery county,
where l was arrested the 10Th following
After was arrested told Provost arshal
Wells and Provost Marshal McPhail the
whole story; also told it to Capt. Monroe and
Col. Wells told me il I pointed out the way
Booth 9th had si gone o would be repreyed, and SO
Charles county In order to cross the Potomac.
The arms which were found In my room
do not belong to me. On the afternoon of
the 14tn or hprn Horold called to see m o.
and left the coat there. 1t is his coat, and
all in it belongs to him, as you can see by
the handkerchiefs, marked with his initial and
with the name OF his sister, Mrs. Naylor Now
will state how passed the whole Of the eve-
ming OF the lith OF April. In the afternoon
about O'clock went to Kelehers stable on
Sin street. near d, and hired a dark bay mare
and rode into the country for pleasure, and on
my return put her up at MAYORS stable. The
dark bay horse which had kept at MAYORS
before on or about the Sd OF April belonged to
chaes ss 81 Tim Ha 70 ae a and do
not know what became of him. At about
g in the evening went to MAYORS again and
turned her to MAYORS. 1t was then nearly g,
and told him to keep the mare ready at 10
O'Clock, in order to return her to the man l
hired her from.
From there went to the Herndon House;
Booth sent message to the "Oyster Bay
where was, saying he wanted to see me- and
| went. Booth wanted me to murder Mr.
Johnson. refused. l then went to the "Oys-
ter Bay" on the avenue, above 18th street.
and whiled away the time until near TO- Al
IL got the mare and having taken q drink
went to the KImmell House. From there I
rode down to the depot and returned my horse
rlo1ng up PenDa. avenue 10 Keleher's. From
Keleher's went down to the Navy Yard to
get room with Wash Briscoe. He had none,
and by the time l got back to the Kimmell
House 1t was near .. The man Thomas was
stranger 1 met on the street. Next morning,
as stated, 1 went to my cousin Rfchter's, In
Montgomery county. GEORGE a. ATzERoDT.
Mr.. Doster, proceeding with his argument,
quoted the specification under which the pri-
IN furtner prosecution OF said conspiracy and
Its raitorous and murderous designs, the
said George A. Atzerodt did, on the night Of
the 18th Of April A. D. 1875, and about the
same hour Of the night aforesaid, within the
military department and military lines afore-
said, lie In wait for Andrew johnson, then
Wee President OF the United States aforesaid,
with the intent unlawfully and maliciously to
Kill murder the said Andrew Johnson" I'm
support Of this specific alton the Government
has submitted the testimony OF Weichman and
Miss Surratt that he was frequently at Mrs.
surratts in company with Booth; OF Green
walt that he had interviews with Booth at
the Kfmmell House, and that he said on the LIST
Of April. +" Greenwalt, am pretty near broke,
though have friends enough to give me as
much money as Will keep me all my life l
am going away one OF these days, but will re-
my lifetime;' OF Marcus r. Norton, that he
overheard him In conversation with Booth,
in which it was said about the eve
ming Of the third OF March, that "f the
did with old Buchanan the party would be
sold" and also that "the character Of the wit.
proved by Them" OF Col. Nevins, that he was
asked by the prisoner between and OF the
afternoon of the 18th Of April, at the Kirkwood
House, TO point out MI. johnson while at din
ner OF John Fletcher, that on or about April
Sd the prisoner owned q horse and SADDLE,
which he afterwards said was sold in Mont
gomery county, and which, vas after " ards
found near Camp Barry Hospital on the night
OF the 18th of April; and also that ne got dark
bay mare at MAYORS on the evening OF the
i4th (Which he bad brought there in the morn
ing and rode her away a. half past 81 brought
her back ats, returned again at 10, ordered his
mare took drink. said SIT this thing happens
to night you will hear Of a present" and said
OF the mare 'ishe Is good on a retreat" that
.nen he rode TO the Kukw wood House, came out
again. went along u street and turned up 10th
street. of'Thos. La Gardner, that the same dark
bay obe.eyed horse found near Camp Barry
was sold by hts uncle to Geo. Gardner: OF Jno
fotfey, that the same )rse was found at 10 4
A. M, Saturday. 18th Of April, near CAMP
Barry; OF Wash Brisooe that on the night Of !
the 18th OF April, between ~ aud l2H O'clock
the prisoner got ont of the cars near the NAVY
Yard and asked him three times to let him
sleep Ia the store, that he was refused and said
be would return to the Kimmeil House; of
Grfenwalt that he came to the Kimnnell
House at 3 A. m with q man named Thomas,
and hesitated 10 register mis- name, aud went
away in the morning Without paying his bill;
OF Lieut. Keim, that he slept In the same room
III