The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-27

TO DO 10 Washington A. Icoud not sav positively how
n' ,Ss ss he was for n:
here gu this last Transaction on ths I4th April
Q Did you know J. wilkes Boothf A Ycs, int-
o oSa
Booth; they attended the school q Mr. Smith, not
q How losg has his intimacy with him continuedf A
TO my positive knowledge It has been about twelve
O Whore was Mehaelh house In Baltiuoref A. He
hved with me, 81 North Exeter street.
Q Can you state where he was In the month Of April
70 the lsthi From the 18th Of March until he came
dovn 70 Washington the 18th April, he with me-
@ Can you speak With certainty about bis being At
home during that timer A. can speak with certainty
rom tne Sotn OF March or lse OF April until the l2th
an positive about that
Q. Do you know his whereabouts during the month Of
msined At home several days-how many am not able
y state.
Q. Do you know of his being ssut to the West by his
an order sent for load Of hay by gentleman by the
name Of McCarty be was not positive Of his ability 70
the 18th teegraphcd him that the hay was sent that
day, and TO look out for It.
State whe.hsr sh.. e the handwriting Of his bro.
the 18th Of March; 1t reads AZ follows:-
We have shipped Aocary'hay Loci oS f1nau,,N for \
Q. When did he return to Baltimores A. I am not
positive; but think on the succeeding Saturday
@ And from that time TO the 18th 18th Of April he
remained at home, did her A. He did
Q Do you know where he was during the month Of
February A. could state positively as 70 the en-
tire month; he was at home on the 14th that st.
Valentines Day, which leads me to recollect
q During that month was he At homo much or little
according TO your recollection A. Ny impression is
that he was at home from the 14h for couple Of weeks
am lead TO that impression by having at
the house at that time who remained about couple Of
O. State the circumstances Of the surrender or arrest
Of himself after the assassination Of the PresdentS A.
He arrived home after the assassination Saturday
evening" saw hmm about o'clock the officers had
then been to the house in search Of him informed him
Of that fact; he told me -
Mr.. BrSGaAx-You need not state what he ead to you
Declarations OF the prisoner cannot be adduced in his
defence.
Mr. Cox stated that evidence had been adduced by the
prosecution to prove that the prisoner fleeing from
arrest and 1t legitimate that on the part Of
the defcnce by showing that instead Of fleeing he volun
Judge HoLr remarked that the witness cautioned
not To repeat the declarations OF the He might
Q. Did the prisoner protest his innocence2
Objected to BY Judge BINGHAM. the government
had called for part OF the declarations Of the prisoner
counsel would be entitled TO draw them all out; but
that had not been done the question was inadmssablo
Objection sustained by the Court
g State whether or not on Monday the defendant
authorized you to procure An officer TO take him into
custody A. He did
Mr.. BNoHAx[I objected to that As the witness has
Q. How long have you known the accused, O'Laugh-
linf A. For about twelve years.
@ State what is the disposition and character Of &C.
cused9 A. AS boy he was always very timid, from my
observation of twelve years.
Mr. HsGHAA-You need not state what you beeve
the Court can draw its own conclusions
Witness-I have always regarded him q very
amabe boy; do not ever remember having seen him
been Violent have never heard him express any
opinions on the issues of tho day except very mode
rate way.
@ want You state the facts in regard TO the al
legged arrestY A. On Monday morning, In consequence
Of what Michael had said to me -
Mr. BlSGHAM-I object to that
After dscusson by consent Of Judge, the following
question was put:-Q State whether YOU surrendered
thority of the accused himsslq A. did BY his suthory
certainly.
The hour Of O'Clock having arrived the Court took
recess until two o'clock
AFTERNOON SESSION.
Examination OF Maulsby Continued.
@ Did you take an ollcer TO the house where the
the Court would be glad 70 state the circumstances
rounding the case.
Judge HoLr.-You may state them, but you must not
repeat what the prisoner said.
witnoss-I was proceeding TO state that had
the accused ; on Saturday evening and an arrangement
Saturday evening a. seven O'Clock, met Roberts and
Curly they had just then returned from Washington;
stating the remarks Of the prisoner Wallace for
the first time Sunday morning; he TO tho house
in search Of Michael other officers with him the
time; on Monday morn ng was sent for by Michael;
went or in hack and called for Wallace; called ut
Carmichaels Office; Wallace did not know Mchaels
whereabouts mt the time; thought these precautions
wero necessary we then went to Mrs. Daileys house,
where ne was stopping; went In by myself, and Michael
Chtno OUT Win ana gave himself 10 tne OfnCers;
there was nothing said from that tmo until he reached
the Marshal's Office.
@ think you have stated that Michael came homo
on Saturday evening; ask you Il he then informed you
where he could be ound II wantcdY A. He did.
Mr. BINGHAM objected 10 tho Question: and asked that
the answer might not be recorded
Objection sustained by the Court.
Q You say you knew Booth Intimately; state whether
he was man OF pleasing address,
Question object 10 by Mr. BINGHAM.
Mr. Cox stated that IL the desire of the counsel
for all the accused that some evidence should be intro
duced as 10 the character Of Wilkes Booth for the
reason that, II any OF the accused should be found
guilty, while the character OF Booth would
their guilt or innocence yet IL It proved that Booth
was man Of pleasing address, calculated TO influence
and control the minds Of young men with whom he
sociated, that would be mitgat ng circumstance
Judge HotT said II would not mitigate the assassination
oy proving that Booth was man Of pleasing address.
Objection sustained by the Court
q You have stated what has been the occupation Of
Olaughlin since August 1892 what his occupation
prior 70 tha A. He In the rebel army from 1851 TO
1862