The Portland daily press., 1867-06-22
THE SURRATr TRIAL.
WASHINGTON June 9


witnesses Bllnn, Hobart and Dye should be
recalled for cross-examnation. The affidaVits
SCI iorth the facts as stated in Mr.. Merrick re-
marks yesterday, that they expected to prove
.hiI tue Two hrSt named witnesses were his
taken as to the time OF the arrival OF the two
men testified by them as having arrived al
ton, aud who got upon the tfaln at Is
sex junction. The aUtornies for the defence
also filed an affidavit i'll support of their mo-
ton. The affidavits we've not read in the hear
ing of the jury, but passed from the counse
directly to the Court.
Alter examining the affilavts, judge Fishe,
SAID he had carefully noted their contents and
also considered the arguments suhmi, ted In
the counsel yesterday His views vera thai
the custom that had always prevailed was cor.
rect, tilat the witness should consider himself
ulschafged after the examination unless told
10 remain AS to the claim that Sergeant Dive
mas uuuef ponds tol passing counterfeit mon
Sy, II IL was necessary to prove that fact the
BEST evidence to prove that fact would be re-
eeNed evidence, and he did not think DYES
presence necessary. He thought it best to
pursue the common practice.
Mr. Merrick wanted to know if the witness
defence - ~
Judge Fisher said he could be examined here
us a witness for the defence
AIter further arguments Mr.. Smoat was re-
called, and said tEat when he testified yester-
DAY he said he did not know the name of tina
man who examined him before coming into
the Court, but he had since understood it was
9uese Hot; other witnesses who went to
Judge Hollis office told witness who it was
MIR. Merrlck was proceeding to ask certain
questions OF the witness as to who examined
MN, when Mr.. Pierrepont objected.
Judge Fisher said he had supposed there
would be an end of asking witnesses questions
as 10 VINO examined him. In his opinion, if Il
government officer prosecuting an important
case did not examine his witnesses aud asceI-
nor stInh off L., Il.
reiict in his duty,
MIR. herrick concurred in the view that il
was the duty of the prosecuting officer to ex-
anime witnesses, but he insisted that If ,Judpe
Holt or any officer in the bureau OF military
Justice had examined witnesses it WAS n fact
that the jury should know.
Aisef some further dis :lission between Messrs
bradley, PlerrepOnt and others the witness
described the man who examined him as an
elderly man; the examination tool, Mace in
the Judge Advocates office
Mr. Darlington said he felt it due to Judge
Holt to say that the Judge Advocate General
was not engaged in the prosecution of the case
Brook, stabler, was recalled and examined
by MIR. Pierrepont Surratt sent back to the
stable team of horses which he had hired: do
not recollcct that it was a pair of horses that
Surratt had; have seen Booth AtZerott and
Harold conversing with Surratt at my stable
mad conversation with Atzerott about q trip
OF Surratts; he showed me the conclusion of a
letter from Surratt, but he would not let me
see 1t; all read was the concluding paragraph;
Atzerott said the letter was dated Richmond.
and Surratt understood the detectives were
aiter MN, and he was making his way north as
last as he could that was in the early mart OF
April, 1865; the conversation between us was
commenced by Atzerotts calling me ont on
the pavement and telling me about the letter;
asked Atzerott to let me see the letter; Iun-
stood that Surratt was making his way north
RIphmnnI fha A..
said Surratt was in was that the detectives
We're after him; Understood Atzerott to mean
The Government detectives; Surratt and HAD
frequent conversation about the PAYMENT OF
money; remember when Surratt took away a
puma morse, but cannot remember the exact
up'e; the horse was a fine racking horse; at
the same time bay horse was taken AWAY (:
they were Surratts horses, but Booth paid for
their keeping; the horses were brought back
afterwards by Atzerott to be sold; they were
not sold, and saw the blind horse again at the
government stables on 18th street, that was
during the conspiracy trial; was sent there by
the Judge Advocate to see the horses.
paper YVES exhibited to the witness.
witness examined it and resumed. This is
the written order have referred to; it is Sur
rats writing.
The paper was read to the jury, and is dated
feD. I'd 1865, and was order from Surratt
TO y, =. Howard, authorizing Atzerott to use
ms tSurlatts) horse, gloves and leggings.-
THESE things We're kept at Mr. Towards sta
bles. -
Witness resumed. When these men came
to the stable together, they would go to the
back and engage in conversation in low tone !:
az least could not hear what was said, tor
they were at least 120 feet from me.
Cross-eXamined by Mr. Bradley Booth
took the horses after L had been informed by
Surratt that Booth would take them away and
pay for them; at the conversation referred to
IL was stated that Surratr was in Richmond,
member what time in April G conversation
occurred.
BY Mr. Alexander, juror. 1t is frequent
occurrence that gentlemen who keep horses at
my stable to walk to the rear end of it.
James w. Humpl rey sworn and examined
by Mr.. Darlington. L keep a stable at No pa
9th street; knew j. Wilkes Booth; he came to
my stable lind asked for the proprietor;
stepped up; he wanted q saddle horse to ride
10 the country; l told him could accommo-
date him with good saddle horse; 1 told
Booth as he was stranger he would have to
leave security oIkgive city references; Surratt
came in and said he knew Booth and that he
would take good care of the horse; Surratt al
SO said he would see the horse paid for; have
known Surratt a number of VI ars; then or
dered the horse saddled and when the boy
brought him out Booth had gone across the
street TO the Pennsylvania House, and there
mounted the horse and rode away; never
saw Surratt after that; Booth frequently came
same horse; this was about six weeks before
the assassination; on the 14th of April, at II
o'clock, Booth came and engaged a horse and
said he would give him very good one; L
gave him bay mare and English saddle and
bride, and Booth rode away; have not seen
either horse, saddle or bride, or Booth since
Cross-examined by Mr.. Bradley Witness
in 1853 kept stable at the corner of 9th and G
streets; saw John II. Surratt there; he was
small boy and came with his father; never
AnA nf tnlsl LIZ I
times in my life 0.
John Fletcher sworn and examined by Mr.
Pierrepont l reside at Majors livery Stable
18th street; on April IA, 1865, saw Atzerott
and Harold at Majors stable but they were
not together; / saw Atzerott first and an hour
afterwards saw Harold; Harold engaged
horse from me and asked me to keep the horse
till ten minutes past O'Clock; be came at that
time for the horse and said he was going to
take a ride with lady; he asked for a partic-
ular horse named Charlie and was very par
ticular about the saddle and bride that he
would take; he selected double refined bride
with two bits to it; when he mounted asked
him how long he would stay, but he said he
did not know; told him not to keep the horse
out longer than between and 0 O'Clock. while
the boy was getting the horse Atzerott and 1
went aud took drink at the Union Hotel;
Azerott said that if this thing happens to-
uisht you will have present; Atzerott made
some remarks about the horse being good on a
retreat, ana suspected hlm for Some reason
ard followed him to the Kirkwood House,
where he diSmounted and went in; Atzerott
then came out again and moved along the
street and turned up 10th street; then lost
sight of AtZerott, and few minutes after
wards saw Harold on 14th street and Pennsyl-
vana Avenue, accosted Harold and de-
manded the horse, but Harold refused to give
him up and put spurs to his horse and went UP
18th street, and then went to the stable and
saddled horse; L knew that Atzerott had to
e w.. a.
sOllowed him down in that direction, but was
prevented from crossing by the guard, and
ihen returned to the stable; never saw the
horse Harold rode; was light roam horse ::
Atzerott rode dark brown horse; this horse
Atzerott brought there on the LIST inst never
saw the one-eyed horse until AtZerOtt brought
him there on the Sd of April, 1865; Atzerott
and another gentleman brought two horses
there; the other man was about 8 feet, 7 or 8
inches in height, had black hair and heavy
black moustaehe; he was thin and about me-
dunn height. u.
No cross-examination. ..r-
John Il. Tofey sworn and examined by Mr.
Wilson, reside in Hudson city. N. Y; on
April II, 1866 / was in the Veteran Reserve
Corps, and commanded company at the Lin
colu Hospital; between II and o'clock that
night one of the guards of my company cap
tured a laovse, saddle and bride; the horse was
sweating very much; / had heard OF the assas-
bination, and took the horse to Gen. Augurs
headquarters and gave him up to him; the
S,orse was dark bay and was blind in one eye
identified the horse afterwards at the stable
ON 10th street; the horse was much excited,
and bad great difficulty in Iiding him; the
Lincoln Hospital is about three quarters of n
mile east OF the Capitol. "a --.
No cross exanination. The court took a re-
cess for half an hour. " t.' "-a.'
When re-assembling Miss Honora Fitzpat-
lick was sworn.-Witness boarded with Mrs.
Surratt from October, 1865, until after the as
sasSinatiOn, and was arrested with the inmates