Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-13
Objected 70 by MI. Pssrrspoiot and ruled out

IL
Oross.examinsa BY Mr. Pierrepoiu,.-wtt-
ness was commissioned as Captain OF q CON.
pany Of cavalry BY 9evernoE Hicks; witness
saw NO gums or de2d glass at SurrAtss vilie had
nothing to do with the escape OF Booth; had
nothing to do with q plan TO intercept EAR,
Lincoln when coming from Annapolis 20 Wash.
/ isg'on Witness sometimes sympathized with
the Southern people aud som etimes with this
side had substitute in our army.
By. Mr.. Bradiey.-Witness took no part In
the secession of the Southern States.
BY mr.. Pierrepoint.-Had nothine to do with
aiding blockade running against the Govern
ment.
BY Mr.. Bradley-Witness frequently came
20 washington during 1865; never saw any
pickets at the blacksmith shop three miles be-
yond Good Hope
By Judge Fisher Mr.. weichman was
standing near Mrs. Surratt when witness
John z. Jenkins sworn, and examined by Mr..
Bradley.-Witness was a brother of Mrs. Sur
RAFT Saw her at SurrattsvIlle on the day of
which she had received from Mr.. Calvert.
Her business was with Mr.. Nothey, and she
got Weichman to write q letter for Mr.. 4wynn
for him to see Mr.. Nothev
Cross examined BY Mr.. Pierrepoint:-Mr
Nothey lived about I'VE miles from Surratts-
Vile, towards Piscataway.
At fifteen minutes past ~ O'Clock. the court
took q recess for fifteen minutes.
On reassem bling a, II IS
N-. Bernard j. Early was sworn for the de-
tense and examined by Mr. Bradley. Witness
knew Michael O'Laughlin, and saw him on
the morning OF the day of the assassination
At o'clock in the morning saw him at the
Metropolitan Hotel in his room, and aroused
him. They went down stairs and had q drink,
and OLaughlin Afterwards came down. and
Welcker's restaurant and got breakfast. After
breakfast went down the avenue to the Ma
O'Laughlin went mp stairs to see 3 friend.
After waiting for him, sent a card to the room
and the waiter returned, saying that he had
gone o,Laughlin had on = plum-celored
coat, striped pants. and SLOUGH hat
f Edward A. Murphy sworn for defense aud
examined by Mr. Bradley.-Witness resides
here, and is engaged in the plumbing business.
Witness corroborated the testimony of the
preceding witness, he being one Of the party
with whom O'LauRhlln was on the morn q
of the day of tho assassination.
I'm Failing sworn for the defense and ex.
amined by Mr.. Bradley.-Witness lives in
Canandaigua, and kept the Webster House IN
that city. Was there in April 1865. Witness
identified the register OF the house. Witness
clerk at that time was Mr. Pratt. Witness
found signature Of John Harrison. New York.
under the date Of April 18th. The names OF
the parties were registered in regular order.
Witness is not sure that be was at the house in
the early part of the evening The train from
Elmira arrived at or 10 o'clock at that time.
The name OF Harrison Is the last entered on
that day, with the exception Of two.
Mr. Bradley proposed TO offer the register in
evidence.
Cross-examined by Mr.. Pierrepoint-Wit-
ness thinks that he was at home on the day OF
the assassination, and the day after. The book
has remained in the hands of Mr.. Chamber
lin, TO whom he sold ont, until a few weeks
since. Had not seen the book since until to-
day. Witness was handed the CHI cks or night
book. but tailed to find by 1t whether the per-
son who registered his name as Harrison had
a room assigned him. Witness never saw the
book examined. Don't recollect who wrste
the name, or anything about it.
MIR. Pierrepeint objected to the register be.
ing aGmitted in evidence.
Frank o. Chamberlain sworn for the defense
and examined oy Mr.. Bradley-Witness now
keeps the Webster House IN Canandaigua
having bought out r.Faillng. Witness at
tentioR was called to the entry of ohm Harri-
son at Canandaigua by Mr.. Bradley, Jr. There
was no alteration about the book that he could
see.
Cross. examined by Mr.. P,errepoint.-Wit-
ness took possession OF the hotel on the l. tn OF
April; the book laid on the desk, and was used
to the 31st of December 1865 it was then placed
under the desk, on shelf, where it remained
until 1t came here; it was open to anv body, and
person may have written in it; there were
vacant lines in the book where names could
be inserted; could not say hat the book had
been taken away; Mr. Bradley, jr., called
witness attention 10 the entry in the hook on
the 23d OF May Mr.. Bradley summoned wit
ness, and said he had been there twice and ex.
amined the book unknown to witness.
Jos. IT, Brodt.y, Jr., sworn for the defence
From information received from the prisoner
went 10 Canandaigua, arriving ON the 10TH of
March, and went direct to the Webster House.
where he registered his name. Looked around
the Office and found the book, which was in
precisely the same condition as now and I'M
der date OF April 18th, found the name of Har.
rlson Went to Canandaigua the second time,
arriving about the 22d or 23d of NAV. and again
looked at the book. Spoke to MI Chamber
lam in reference to the book, and SUNNI oned
him.
M JoSeph Fl. Bradley, ST. sworn.-Witness
testified that the book was precisely in the con-
dIton it was when Mr.. Failing delivered it to
him, about three weeks since.
Mr.. Bradley asked il the Court had any
donbts about admitting it in evidence.
The Court said that the entry may have been
made subsequent to the 18th of April by the
prisoner, and before the 18th OF September
Mr. Bradley remarked that the prisoner was
concealed in Canada at this period. according
to the testimony of DR.. Mcmillan. He did not
offer this, except as tending to show that the
prisoner was a. Canandalgua.
The Court here examined the books. and Mr.
Bradley called attention to the fact hat sew
eral leaves had been torn from the check or
night book, and that book had been packed
away until it was placed in the hands Of the
Government.
Mr.. Merrck proceeded to argue that it was
impossible for the prisoner to have made the
entry from April TO December; in the course
OF his remarks, noting the fact that all commu-
nlcatlon with the prisoner had been prob ted
and he had been debarred the use of pen. ink
and paper. He {Mr M was glad for some
reasons that such was the case, for by it certain
mem ers Of Congress who appeared to be yery
anxious 10 get in his company had been pre-
vented, for they did not want any proving
around his cell. He believed that the Court
had given this order at the suggestion OF
the prisoners counsel. He con tended that
1t was not necessary. as the prosecution con-
tended, that ii should be shown mat the
prisoner wrote the name. and read to show
that the courts were breaking down techni-
califies OF the law, from Sd Wallace. 1871. The
prosecution had offered in proof a pocket
handkerchief TO show that the prisoner was in
a certain place. when at the time they knew
that it had not been dropped there by him, and
1t was admitted. The defence now had some.
thing better than handkerchief.
Mr.. Pierrepoint replied, saying that could
the signature he offered in evidence. his decla-
ratinns could also be offered in evidence For
full five months the register laid on the desk
and the prisoner, lying within twelve hours OF
Canandaigua. could, in some ofthis DISCUSSES
have gone to that place and manufactured evil
dence.
Mr.. Bradley asked to refer to the fact that
yesterday they had offered testimony to prove
that he was in Elmira.
The Court rem arked that he would consider
this offer; and recess was taken to Monday
morning.