The national Republican., 1867-07-18

Judge Fisher said tho witness could exp 'aiu
and state whether or not the paper was handed
to him with great secrecy. W. yge.N
,wituss, said the paper was not handed to him
Gen. Thomas 7. Esksrt, sworn and examined
BY MI. Merriek. Witness was shown the diary Of
Booth and tsstihed ho had teen II before; had
also ssen the Stewart letter. Witness was here
shown tho Stewart letter, and testified he did n 4
think Il was the original letter. Had seen the
original letter In the War Department.
cross.e1amined by Mr.. Pierrspont Q. Do you
know where the original paper can be found
A. II is my impression that you have II, sir
J saw you have II last. Witness got tho original
letter In the War Department; aid not get tho
original letter from DR.. Stewart got It from
Gen. Baker.
i Mr. Msrrick said the paper Just handed to
witness was the one which the prosecution had
attempted to prove % tho original paper, and
the defence would now show that Il was not. He
thought as the counsel had the original It was
but right and proper that they should produce
H. I.7r 10 5-l or 'aF f T'iH
Mr.. Pisrepont said no had not ssen II since
the day alluded toby witness thought il might
possibly be among his papers De- rs
Mr.. p examined his papers. but could not
ind the same; and, at the suggestion Of counsel,
the court took recess for half an hour, to en-.
able the gentleman to fnd the paper. In
On reassembling, at l2:40, Er s. adj
II
cross-oxamined by Mr.. Pierrepont. Witness was
asked to examine the leaf on which was written
the letter BY Booth to DR.. Stewart, and compare
Il with the diary. . .r.r uIrn.T : ..
Mr.. Bradley objected, and the Court over.
ruled the objection. il.,r..... ... .. .-......
Witness thinks that It did come out Of the
diary. ..a..
| Question. Do you know tho hand writing on
| the paper' n.
Mr.. Bradley objected, saying that II threw no
| light on the case, whether IL was In the hand.
writing Of Booth or not. Z. b.. "a. ..--.-.... ..
Witness never saw Booth write; had had
great deal Of experiences In his business, and Is
an expert in hand writing a' '.s
Tho defence objected, and the Court overrul.
Ing the objection, m exception was noted. a.
Witness thinks this to be In the hand.writng
Of Booth Had seen another paper In the book
By Mr. Bradley: Witness had pointed out the
difference 10 the papers to Mr.. Perrepout, told
him that tho paper now exhib bited was not tho
original one TO Dr. Stewart; tho original was In
the hands Of tho prosecutions; the paper now pro.
duced came to witness frst this paper came
with the diary 10 witness and the other paper
came to him after DR.. Stewart was arrested the
other paper had pinholes in IT. but this appears
to have been folded this paper Is discolored, but
not TO the extent Of the other one; witness was
Assistant Secretarysof War. ..
By Mr.. Pierrepont. Witness spoke to counsel
after Lieut.. Baker was on the stand. The other
paper he did not think to be in the hand writing
Of Booth. Witness saw this paper In the diary
last, and handed It to Mr.. Pierrepont, .i-T
Question. What were the contents Of that
paper pr Hu,
Objected to by the defence. -.
Mr., Pierrepont said that tho paper may posi-.
bly, be found II II was In the diary; II may be
with the clerk, (Mr Middleton.) 81,
Witness resumed The original was In his pos.
session. and was kept ia witness safe at the War
Department, and sfter Baker had been examined
, he took 1t to the counsel, (Mr. Pierrepont-) q
Mr.. Pisuspont asked II the counsel would per.
NIT the paper to 90 in evidence, and being an.
swered that they would not, said that General
Eokert would have TO remain. IL the paper can.
not be found hs would ask that the printed copy
In the Hsrui be admitted. IN .
ia. W. Clarvoe recalled. Witness left Mon
tresl at three o'clock In tho afternoon on his re.
J turn, and arrived in New York about two o'clock
J the next afternoon-about twenty three hours.
! Witness was informed that the route taken was
the shortest one. Had not taken any minutes
! as to the time from Albany to Buffalo.
John T. Ford recalled for the defence. Wit
J ness was In Carroll prison with Weichman for
thirty mine or forty days. Witness told him he
vas mistaken as to the time "Pescara" was per.
formed. H'a.H' p .. ..i'' Z.
The prosecution objsetsd. "a. ..L
The court ruled out the answer and an ex-
; oeptiou was noted By the defence. , -m
VI Question. Did he state to you that he was
} short OF clean clothes because he had len them
} at Mrs. Surratts?
Witness He did, In substance.
Lloyd was In Carroll Prison with witness.
O. State whether you heard q conversation
there between Weichmau and Lloyd.
Objected to, and objection sustained.
. Q Did he tell you that he told tho Secretary
Of War where John Surratt was at the time Of
the assassination2
Z Witness He did
Q. Where did he say he told the Secretary
! Witness In Montreal.
Mr.. PierrepOnt. We ask that the last answer
be stricken out.
The Court directed the answer In MONTREAL
to be struck out %
, By Mr. Bradley; He told mo that surratt was
in Montreal, for he had received letter from
him dated the 18th.
By Mr.. Darlington: These conversations took
place about the frst week in May, 1865. His
evidence before the Military Court startled him,
! because he was so contradictory in his state
ments.
James L. Maddox recalled. Witness was con.
fined In Carroll Prison with Weichman. Went
! with Weiohman to an Office opposite the War
! Department when an examination was had.
Q Did you hear m officer Of tho Government
say that II weichman did not tell more than he
: Mr.. CarripgtOn. object. Ithas already been
=. ruled on.
The Court ruled that 1t must be made to apply
D to this trial
0 Several witnesses for the defence, among other
3 Rev J. A. Walter, were called, but did not an,
! swer.
Mr. Merrick stated that the defence had nc
, other witnesses present, but that they had wit.
nesses on tho way here, and had received tele
grams to the effect that they would be here TO-
y night. He was able to inform the prosecution
. that they would close tomorrow He would
also state that these witnesses were from tn,
q British Dominions, and the Court knew that 1,
o was difficult to obtain them.
!; A recess was taken until 10 O'Clock this morn
d ing,
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