Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-29

a,z.rod,, David E. Heroldl Those are the
only persons, SO far as his own testimony or
the testimony OF any other witness discloses,
with whom he had any communication what
ever on any subject Immediately or remotely
touching this Conspiracy before the assassina-
ton. His receipt and concealment OF the arms
are, unexplained, evidence that he was IN the
conspiracy.
The explanation is that he wss dependent
upon Mary Z Surratt; WAS her tenant; and
his declaration. given in evidence by the &c,
cused herself, is that sshe had ruined him, and
brought this trouble upon him" But because
ne was weak enough, or wicked enough, 10
become the guilty depository Of these arms
and to deliver them on the order OF Mary =
Surratt to the assassins, IL does nor follow tnat
he IS lot to be believed on oain. us saia tnat
he concealed the facts that the arms mao been
eyss tse rs,son that be did only from sp
preheu sion of danger to his life. III he were
in the conspiracy, his general credit being I'M.
snailenge sisIis, ,natter he Is to- he relieved.
ard cannot be disbeleved If his testimony is
substantially corroborated by other reliable
Witnesses
Judge Bingham named the various points
II which the testimony OF Lloyd was cor
roboreted by other witnesses.
But there is one other fact In this case that
PUTS forever at rest the question OF the guilty
participation OF the prisoner Mrs. Surratt in
this conspiracy and murder and that is that
Payne, who had lodged four days in her house,
who, during all that time, had sat at her table,
and who had often conyersed with her; when
the guilt of his great crime was upon him, and
Ae knew not where else he could go safely go
to find a co. conspiratcr and he could trust
none that was not like himself, guilty, with
even the knowledge of his presence; under
cover Of darkness, after wan dering for three
DAYS and nights, skulking before the pursuing
officers of justice, at the hour of midnight,
found his way to the door of Mrs Surratt, and
en- being confronted with her in the brilliantly
lighted hail she raises her right hand and ex-
claims, 50 Before God, sir, have cot seen that
man before; 1 have not hired hirn; l do not
know anything shout him."
If not one word had been said, the mere act
of Payne in flying to her house for shelter
would have borne witness against her. strong
rs proofs from Holy Writ But when she de-
Dies, after bearing his declarations, that she
had sent for MIN, or that she had gone to him
6pt hired him, and calls her God to witness
that she had never seen him, and knew nothing
OF him, when, in point Of fact, she had seen
him for four successive days in her own house,
In the same clothing which he then wore, who
Cah'res for moment the conclusion that
these parties were alike guilty?
The testimony OF Spangler's completely is
conclusive and brief.
Judge Bingham went over the evidence in
the case of Spangler; and then proceeded to
say that 1t was not needful to take time in tn G
recapitulatiCn of the evidence, which shows.
cenclusively that David E. Herold was one of
these conspiratOrs. His continued association
with Booth, with AtZerodt, his visits to Mrs.
Surrau's his attendance at the theatre with
Payne, SurTatt. and Atzerodt, bis connection
riding with him on the streetin the direction
OF ana near TO the theatre at the hour appointed
hight and arrest, show that he in common
with all the other parties on trial, and all the
parties named upon your record not upon
trial had combined and confederated to kill
and murder in the interests of the rebellion as
charged and specified against them.
Judge Bingham entering upon the question
was there cooperation between the several
accused in the execution of this conspiracy,
proceeded TO make a mastery grouping OF the
evidence IN the whole case sho wing in clear and
graphic terms the parts taken by the different
conspirators respectively. and affording a sus-
tanned narrative OF the workings Of the con-
spiracy as whole In this connection he
dwelt at considerable length upon the evidence
eliminating Mudd IN connection with harbor-
Ing and coroealing Booth; his discrepancies of
statement IL regard to knowing that it was
Booth at the time he was at his house in his
light and also as TO knowing the fact of the
assassination on Saturday, aud as to the hour
a. which Booth left his house, &c, &c.
room for argument AND NO ration Al % oouSt that
Or. Samuel A. NJ Judd was as certainly in this
Conspiracy rs were Booth and HeroId, whom
he sheltered and entertained; receiving them
under cover of darkness on the morning after
the assassination, concealing them throughout
shat day from the hand OF offended justice,
and aiding them. by every endeavor, to pur-
sue their way successfully to their CO. conspi-
rator, Arnold, ct Fortress Monroe, and in
which direction be fed until oyertaken and
slain.
, The bill OF exchange found upon the person
of Booth affords additiona al evidence OF the fact
that he had undertaken, in aid OF the rebellion,
this work OF assassin alton by the hands of him.
self and his confederates. tor such sum as the
accredited agents OF Jefferson Davis might pay
him or them, out Of the funds OF the confed
eracy, which, as is in evidence, they had in
ssany amount In Canada, for the purpose of
rswarding conspir ators, spies, prisoners, and
assassins, who might take service under their
false commissions, and do the work of the
1ncenda.y and the murderer upon ns s %
tSsR6sxkN had been Entrusted the care Of the Re-
public, the mainsena nce Of the Cons titution,
and the execution of the laws.
By all the testimony in the case ii is m AIDE as
Clea- as any transaction can be shown by
human testimony, that the several accused did
perform the several parts alleged against them
IN the charges and specifications.
II this reasonable conspiracy has not been
wholly executed; If the several executive off,
GERS or the United States and the commander
OF its armies, TO kill and murder whom the
eaid several accused thus contederated and
con Inspired, have rot each and all fallen by the
n 81
President; without Secretary of State, whs
alone is clothed with authority by the law O
call an election to I'LL the vacancy, should any
arise. In the offices Of President and Vice.
Presider; and without q lawful commander of
the armies OF the republic, ii is only because
the conspirators were deferred by the vigi.
Lance and fidelity OF the executive officers
whose lives were mercifully protecte ed on that
light OF murder by the care Of the Infinite
Beine, who has thus far saved the republic
and crowned its arms with victory
IL this conspiracy was thus entered into by
the accused, IL John Wilkes Boo h did kill and
murder Abraham Lincoln in pursuance there
OF, If Lewis Payne did, in pursuance OF said
conspiracy; assault with intent to kill and
murder William II. Seward, as stated, and if
the several parties accused did commit the
several acts alleged against them In the prose-
cutton OF said conspiracy, then, 1t Ia the law
that all the parties to that conspir ICY, whether
present at the time of its execution or not,
whether on trial before this court or not are
alike guilty of the several acts done by each in
the execution OF the common design What
these consptrators did in the execution of this
conspiracy by the hand Of one of their Cocoon.
spirators they did themselves; his act, done in
the prosecution OF the common design. W as the