Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-05-16
NEWS.
Testimony in the Case Of ths Com
spiratorss

minutes of the military court, that on Satnr
day. samuel Arnold, through his counsel,
Thomas Esing, Jr., set up the plea that this
military court has no power to Try h'm oi the
charge preferred, for the reason that IN these
times OF peace resort should be had to the
civil tribunaa
The court, after deliberation, overruled the
plea
ralely from tho others; but this request was
also denied
OI,auehlin has procured counsel, and is
representod by Me- Walter Cox and Colonel
WIN. f. Foster appears for At2erott and
PAYNE Tho charges arc in substance as fol-
lows:
For between the sixth of March and &C.
,eenlh of April, 1868, conspiring with John
H. Surralt, George N. Sanders Beverly
Tucker. Jacob Thompson, Wiliinm G, Oleary
Clement C. Clay, George Harper, George
Young, and others unknown, to murder
Abraham Lincoln, President of the United
States Andrew johnson, Vice President; "
II Seward, Secretary Of State; and u. s.
Grant, Lieutenant General
Mr.. Reverdy johnson, the senior counsel Of
Mrs Snrra,t, this morning, when the whole Of
the testimony rendered by Mr. Weichman had
heen read from the records, applied 10 be
permitted 10 ask Of him some questions before
no retired This was objected TO by Major
General Wallace The President then re
marked that the witness had been examined
by counsel, and n fair opportunity ofiorded,
General Wallace withdrew his objection,
adding, however, that he did so only for this
time. He had placed his objection on the
ground that these obiectons would prove in.
terminable, unless stopped by some rule.
Examination by Hon. Reperdy Johnson
Oues,ion.--I understood You to cay on Sat
urday, that you went with Mrs. Surratt the
first time, on the Tuesday before the assassin
nation, in a buggy. DO you recollect wether
you stopped on the way to Snrrntsville. An
swer.-,Yes, sir. Question-Wher Answer
She stopped on two or three occasions. Ques-
tion-Did yon stop at Uuiontown2 Answer-
| do not know the particular point, whether it
was Union or not Questionable you step
ut a viIlage2 Answer-She stopped on the
road at no particular village that ! remem-
ber.
ouestion--Now do you know Mr. Lloyd ?
Answer-I have met him three times. Ques.
tion-Did Won know him as the keeper Of
the hotel2 Answer--I know him rs the
man that rented Surratts house, from here,
because | copied offih instrument. Ques-
Lion--Do YOU recolect seeing him buy bug.
NJ on tho way from Washington to Surratts-
ville on Tuesday ? Answer--Yes, sir, We
mot his carriage, it drove past us. Mrs
Surratt called to Mr.. Lloyd Mr.. Lloyd ap-
preached tho buggy. Mrs Surratt put her
head out and had conversation with him.
Oues:ion-Did you hear it Answer-No,
sir Question-Did you hear anything said
about shooting irons
Question obiected to by Assistant Judge
Advocate Bingham The question was then
Withdrawn. Witness-I heard nothing mon
toned about shooting irons Mira Surratt
smoke TO Mrs Alfut about having this man
Howell tako the oath OF allegiance and get
released, and said she was going to apply to
General Augur or Judge Sumner, for thai
purpose Question-How long was that con
yersation between Mr. Lloyd and Mrs. Surratt
on that occasion2 Answer-That could moi
aay exactly. | DO not think it was more thar
five or eight minutes. do not carry watch
and | have no precise means of knowing
Judge Advocate Holt-Question--D | un
derstand you TO say you did not hear tht
whole of this conversation Answer-I die
not hear the conversation between Mr.. Lloy,
and Mrs. Surratt. Mrs Surratt spoke to Mr.
Lloyd at some distance from the buggy.
could not hear 1t. .tEa
By Mr.. johnson. Question-Do you recol
l.ct whether it was raining at that time, 3 o
clock. Answor-I do not think it was raining
Mt that particular time. 1t was cloudy
murky day. cannot say whether it wa
raining or not do not remember.
The reading of the record was resumed
and being finished by half past one O'Clock
the court took q recess,
After recess Mr.. John NJ. Floyd was re
called. and asked f he could identify tn
carbines shown him, ns the ones referred t
in his previous testimony Witness-rh
one with the cover on do not recognize. .
don't think the cover looks the same, 1t was
kind Of gray cloth The other looks like Ii
one Law. | recognize the future for hreac
loading, which attracted my attention. an
which examined Ifthe Court will allow,
wish 10 make n statement When | waa ex
aminsd before, stated that il was on Nor
day when met Mrs. Surratt at unioutown
was confused ny my being summoned
Court on iwo Mondays The first Monday
was sumdoned did not go. l met Mrs
Surratt al Uniontown next dag after ] wen
to Court, and consequently it mnst hav
been on tuesday after the second Monday
was summoned
Ano,hT statement---I testified in my las
examination that was not certain whether
carried The bundle given me by SarrRtt nj
stairs, or not cannot now reoo'icct die
inctly, bat think it likely llaid 4 on the sof
in the dining room.
Judge Hoit-Question- are sure tha
il was The same bundle that you examineC
here Answer-Yes air, 1 am sure it wa
the same bundle.
,By Mr. --Quesion--Did | under
stand you TO say that yoi wore in liquor a
tho time you had this conversation with Mrs
Snrratt Answer--I was somewhat in o
uor, as think toldyop Saturday, Q-An