Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-09
SECOND edition.
sK O'CLOCK r. n
THE CONSPIRACY TRIALS.
Proceedings To-Day.
EVIDENCE NEARLY THROUGH.
THE ARGUMENTS.

The Court opened at IL A. H. and the pro.
Murphy.
The evidence is now So nearly through that
we may look for the arguments to be entered
upon probably by Monday. These arguments,
as already stated, will be written, and those for
the defense will be put in first Where there
is more than one counsel for prisoner, but
one will speak in his behalf, and the pleas
will accordingly be delivered, probably about
as follows: MIR. Stone for Herold; Mr. Ewing
for Mudd, Spangler and Arnold; Mr.. Aiken
for Mrs. Surratt; Mr.. Doster for Payne and
Atzerodt; Mr.. Cox for O'Laushlin; and Mr..
Reverdy Johnson on the general question OF
the coEstitutionality of the Court, If he is al.
lowed by the Court to make that issue. !
TESTIMONY OF JUDGE OLIN-RKCALLRD.
(For the Accused.)
Witness has resided in Troy, n. Y, for some
twenty years, before coming here Knows
Marcus r. Norton. His reputation for yeracity
is bad-reasonably bad. Witness would not
believe him under oath in any question where
he was interested.
By Judge Holt-Witness does not base his
opinion as to Norton's character for veractty
upon personal knowledge, but from what ne
has heard from persons with whom Norton
had been brought into contact in matters of
litigation. Norton practiced in patent cases;
not in courts of law ard equity. Witness is
aware from his experience as Judge in the
courts OF this District that very bitter personal
feeling is engendered by natent cases. Wit
ness knows Henry Burden very we'll. Has
known that Norton has been much in collision
with him in patent cases. Burden has had
several aImly ted patent suits. He Is
q man Of large fortune.
Judge Holt asked the witness if the CONVEX.
sation of man of Burdens fortune and in
fiuence in regard to Norton, continued through
a series Of years, would not afford cause for
the reputation witness said existed in regard
to Norton in Troy.
Mr. Doster objected.
Judge Holt said that his object was to ascer-
tain the foundation for the opinion of the wit.
ness in regard to the veraclty of Norton
The court overruled the objection.
Witness.-'.lt would. ought, however, to
was questionable before Mr. Burden resided
there Norton is not leading lawyer of
Troy; is not regarded as man OF legal attain
ments, He is ingenious ana an excellent me-
patent cases
Mr.. Doster stated that he had read para
graph in this mornings Chronicle to the effect
that Mrs. M. A. Branson, Mary and Maggie
Branson had been released frCm the Old Cap
itol. He said these ladies were brought here
from Baltimore as witnesses in the case OF
Payne, and one Of them testified here. She
testified to having met Payne at Gettysburg
and in Baltimore, but in no wise Grimm ated
herself; ana he would be. beg to ask if the
been placed in the Old Capitol.
Colonel Burnett explained that the parties
named were under arrest in Baltimore, and
arrest. Judge Holt had recommended that
they be released andthey were so released:
but he Col. B. thought they had never been
in the Old Capitol.
Old Capitol, beg leave to withdraw my re-
marks. If they have been there, 1 protest
Gen. Hunter. Do you know anything OF the
truth of the paragraph in the paper?
MIR. Doster. l do not.
TESTIMONY OF MISS MARY MUDp.
For the Accused.)
Witness is sister Of the prisoner, DIR. Sam'l
nuad' and knows that she sa W lin on the I'd,
cause she was taken very sick as she was pre-.
pairing to 60 to church, and he was sent for to
see her at her fathers house. Witness knows
that during her sickness colored woman was
taken sick, and he saw her daily until the 23d
of March. Witness attended her after she
(witness) got we'll Witness father is not
able to attend here to testify, and made an at
that DIR. Mudd came to see her on the 3D. OF
March, because on that day witness had an
eruption On her face On the 23d OF March
Gardner; and he was absent one nigh- after
Dec. 23d, at party al g. Fl. Gardner's A short
time after the 23d Of March he came to- this
city with his brother Henry. The prisoner
knows that the prisoner never owned q buggy.
and has not worn any other hat than a SLOUGH
hat. Witness knows Andrew G vim, but has
not seen him since 1861; witness has heard
that he was in the Confederate service. Wit.
nees does not know Of any Confederate Off GERS
or soldiers at her brothers.. Witness saw Booth.
oncein November, at church. in DR.. z ueen's
pew. Witness never heard of Booth having
been in that part OF the country but once
Witness brother Henry, in 1850, was at ST.
1851. Witness brother Henry was not at home
when attending college, except during vaca-
ton.
By Judge Binsham.-Witness does NOT knou
with whom Booth stopped when he was down.
Booth purchased the horse during that visit
from Gardner.
TESTIMONY OF TURNER
fFor the Accused
Of ppp
Georges, aear the Pstuxent river, and knows
Daniel J. Thomas when he sees him. Thomas
be, but witness knows nothing about his truth.
fulness. The people regard him as untruthful,
and witness frofa his reputation could not be-
lieve him under oath if there was anything at
stake.
MIR. Ewing asked what was the reputation
Of Dr. George Muda
Mr. Bingham objected.
Mr.. Ewing said it was competent to prove
that the person to whom DR.. Samuel Mudd
the fact that two suspicious
perso MS were at bis house was known friend
Mr.. Bingham objected, that DR. Geo. Mudd's
reputation was not in question.
Mr.. Ewing said that Mr.. Bingham was stand |
ing on small technical ground; that it was true
that the prosecution attempted to keep him |
from proving this, bat the court allowed him |
Mr.. EWING to flank them in the matter of in. |
crod uciBE the testimony or Dr.. George Mudd |
Is to what DR.. Samnel Mudd had comnuni-
Gated TO him.
mr.. Bingham SaiQ that rne counsel was
wrong; that if George Mudd had wrung in
ADV such testimony there was 40 law to allow |
any man to prove his declarations to a third /
party.
Mr.. Bingham subsequently said he with |
drew tine objection, protesting that it was not |
evidence. He suggested that as the counsel 4
had stated il was a flank movement. that he'll
had better withdraw that remarE.
Mr.. Ewing 1t was q flank movement, but |
made in full view of the enemy. lLaughter.l |
Witness continued :-He regarded Dr. Gee.
MHdd as a loyal man, a warm supporter of |
the Administration. Witness voted Tor q 30 |
b. Mcclellan because he considered him as |
good a Union man as LsincoaH Witness is &C. |
quainted with DR.. Samuei Mudd, who wit. |
ness considers good, quiet citizen. Witness |
never heard of hira aiding the rebellion.
BY Col. Burnett :-Witnsss lives abous six |
miles from Ur. Mud.
TRsTIMOHTsoP POLK DRAKINs
For the Accused
Witness lives near Gallant Green end has
known Daniel J. Thomas. whose reputation is
very bad for veraeity, and witness would not