Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-06-26

it was her room; found card with sic senper
tysGfmtson its Ualed ouiD pair Of boots was
and part of one, and bank book; could not re-
member of nnding an undershirt; found any
quantity of letters trhe whistle was shown,
smSfi bone whistle, which he said he thought
was the same he picked n on the floor of Mrs.
Surratt's room, near the mantie.l
Mr. Pierrepoint said that he held a receipt
By her to Miss Anna Surratt on 2sth of June,
and the prosecution would call on the other
side to produce them. -.
Mr.. Bradley said they Wouid require
regular notice
Witness continued Thinks that there
were 4 hundred letters found in the mouse.
Mr.. Pierrepont said that they would nave
totake the p ecessary means to procure them
Witness was shown, small photograph
frame, and he testified that he had seen II on
the mantei. There was fancy picture In II
at the time and a carte visite of Booth in the
back of it.
Mr.. Merrick objected 10 this testimony, and
the Court ruled that the card must first be
produced
Witness conanued There was picture OF
morning, noen and night in it at the time, as
1t was then. and there was another picture IN
it at that time. A likeness of Booth was eX-
hlbited, ana witness said 1t was like the picture
in the frame at the time.
Cross-examined by Mr.. Bradley :-Te the
best OF his recollection the frame ex-
hibited is the same he found at Mrs Sur
rats. The frame has been broken since he
toundit.' There were two pictures in it at the
time The frsms and pictures were turned
over to the Provost Marshal. They were
placed in a trunk. Witness left the house
about O'clock and returned about ii O'Clock.
When he went to Mrs. Surratt's house he took
charge. Was chief clerk to Colonel Oicou,
Commissioner OF the War Department, at
the ms There rSs .dss ,To or nsee tS.
parior when he entered. When Payne
entered Major Smith was in the back
room and they were not posted by Smith.
Capt Wermmerskirsch was with witness
when he opened the door and let Payne in.
Witness inteTrogated Payne: the others put
ting in some questions. Witness conyersed
with Payne about 90 minutes by himself.
Heard Oapt. Smith ask Mrs. Surratt If she
knew Payne; could not remember what an
swer she made. Witness had his hand on the
door; Payne being back Of him when Mrs
Surratt passed out Most Of the conversation
he had with Payne was after the ladies'
left. Witness was between them as they
passed out and Payne. Did not see Mrs. Sur
ratt throw mp her hands and make an excla-
nation. Payne had on black pants, gray vest
head. He seemed to be greatly exhausted; his
pants were much seiled, and his boots wet as
If he had been In q swamp. The coat was not
new. The hight was low when Payne entered,
but thinks It was raised shortly after.
By Mr.. Pierrepoint:-Payned did not say any
thing when Mrs. Surratt said thathe had come
col John d. Petit recaIled.-Witness never
saw the whistle before he saw it to-day, aRd
heard Mr.. Darlington blow in 1t.
MI. r.CarTington.--Dld it sound like the whistle
you heard on the night Of the assassination
mr.. Bradley objected.
Mr.. ierrepont.-Suppose an Alpine horn
had been found.
Mr.. Bradiey.-Or a drum.
The Court hardly thought the question ad-
nisable.
Mr.. Darlington urged that they had a right
to prove by witness what kind OF q sound was
made.
witness might make similar sound.
The witness made sound on the whistle,
and SAID it was similar to the sound heard on
that night.
The defense objected to the admission of the
Mrs Mary Benson, sworn.-Witnsss resides
in Lindsey, Canada, and is the wife OF DR..
Benson. Her name before marriage with her
present husband was Hudspeth; was in New
York ia November, 1864, about the 14th,
and recolleets it from the circumstance
of picking up letters in regard to the
assassination. General Scott was there at that
time, and General Butler left the city that day.
Witness recollects riding in the Sd avenue cars
on that day with her daughter. Witness no.
ticed two gentlemen on the cars, one an edn-
Gated man and the other was not; overheard
their conversation when the cars would
stop. One was very fine gentlemanly look
ing man with smooth white hand not like
those of any man who worked. He seemed 10
have wig and false whiskers, and the front
part of his face appeared as If 1t had been
stained. There was also scar on his face. The
other was much more common looking
man, and was called by the name of johnson.
The well dressed man had pistol III his belt.
Heard the one Wi th scar on his face say that
| he would leave for Washington the day after
to-morrow, and the other said Re was going 20
Newburg, or NewbeIn. The one called john
son seemed to be angry because the lot had not
fallen to him to go to Washington 70 do
something. They left the car, and witnesses
little girl picked mp letter, thinking that it
| was one of hers. The letters were IN a blank
envelope; saw that Gen. Buffers name was
IN the letters, and finding that he mad left,
witness asked for Gen. Scott, and at his re-
quest read them to him, and took them 70 Gen.
Dix Witness saw the letters on the assassina-
titled them.
l. The District Attorney proposed to read them
in evidence. The defense objected, bat the OBJ
lection was overruled.
/ Judge PierrePoint read the letters, both OF
which were published In the Star at the time
of the trial at the Arsenal
This witness was cross-examlned, ana tesua
fled that she had been promised by the coup ses
at Toronto that the expenses OF herself and
husband would be paid and she would scaiye
$40 per day.
Rearv NcDonoagh sworn:-Witnf ga xss in
1864 Cashier of Adams Express IN This city.
the accused was in the emplo.y of the CON-
he did not receive his pay for the days in Jan
uary: witness could no. identity the prisoner
positively.
Mr.. Brady asked il the prosecution could
give any intlmatiOn as to what time they
would close.
Mr. Pierrepoint said that it was imposs ible
to tell, as they could not tell at what length
they had expected 10 close in TWO o. three
days. -, 2
The court took a recess until ten O'Clock ~
morrow morning.
a SETTLBMRNT-Last night, Andrew Han