The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-10

to be so by your petitioner, and that they
were not at - said Campbell in Canada
in June, 1865, or said Snevel in Wilmington
in August, 1865, the places at which your pc
titioner claimed to have last seen them.
That It was entirely upon this testimony OF
said self confessed perjurors that your petit
toner was convicted, and that without the
said testimony of said persons the jury be-
fore whom your petitioner was tried could not
possibly have found a verdict of guilty.
Your petitioner further says that he was tried
and convicted by jury not qualified to try
him; that the jurors before whom he was
so tried and condemned we're illegally selected
and drawn, as decided by the Court in the case
Of John II. Surratt-the manner and form of
selecting the jurors in the case of Surratt and
your petitioner being identical-that in the
discussion on the opening of the trial of Sur
ratt, as to the legal qualification of the jurors
who had been empanelled to try him, it was
contended by the prosecution and decided by
the Court that said jurors were informally and
irTegularly selected and drawn, and that any
verdict they might render upon any trial would
be absolutely void.
Your petitioner further says that under the
rules and practice of the Supreme Court of this
District the above informality in the selection
and drawing of a jury does not, after sentence
under verdict found by such Jury, consti-
tute ground for new trial or other relief by
the Court, and that the only remedy for such
an illegal conviction lies in an application to
the Executive for pardon.
CHARLES A. DUNHAN.
The above are all the papers which have
come to my knowledge in relation to the ap-
plication for pardon. When considered in
connection with other papers, adventitiously
received, they excite peculiar interest and
and ri and 10 fha
traordinary gravity of the import of these
papers last mentioned, in connection with the
source whence they came, which makes it my
delicate duty to submit their contents for your
studious consideration, and to suggest that
some proper disposition ought to be made of
them in consonance with the dignity of the
government and in justice to all parties.
The following are the several papers which
accompany the above. The letters of refer
ence inserted in the foregoing and annexed to
the succeeding are not upon the original, but
are introduced solely for your convenience in
perusing the report.
The subjoined paper, headed memorandum
by the hand that wrote it, bears internal evidence
of having been furnished as a guide to some
person or persons who were expected to fabri-
cate corresponding testimony: (A.) Memo
randum.-Shortly before the Inauguration of
Lincoln and johnson, the latter, through or
In connection with Booth, sent several letters
to the confederacy, one of which was intended
for Jefferson Davis. These letters were borne
by messenger named Allen, who had been
acting as spy for one of the Union generals.
Allen was provided with safe conduct through
our picket lines, and was supposed to have
been sent on secret duty in connection with
his command. He was also provided with
papers from rebel emissary at the north to
insure his proper treatment when he should
enter the confederate lines. After delivering
his mail in Richmond, he returned, bearing Sc
veral letters, which he received from j. p. Ben
jamin. These letters were inclosed to Booth.
On returning to Washington, Allen called on
Booth and delivered the package, and Booth,
after examining some of the letters, went out,
as he said, in search Of his messenger. The
messenger could not be found, and Booth
asked Allen if he was too tired to walk as far
the Kirkwoed House. Allen replied in the
negative, when Booth, drawing forth the
package which had been brought from Rich
mond, selected a letter addressed to Andrew
johnson, Vice President elect of the United
States, and asked Allen to deliver it.. Allen
promised to do so, and then accompanied
Booth to the bar-room to first take drink.
Here Allen met friend, who was invited to
join them in taking a drink, and afterwards
accompanied him to the Kirkwood House, and
heard him inquire if Mr.. Johnson was in, and
saw him go to his (Johnson's) room. This
friend waited until Allen came down stairs,
when he asked him, jocularly, what in the
DEVILS business he had to do with johnson:
if he was already begging for an Office.
Allen can be produced, as well as the friend
who accompanied him to the Kirkwood House
from Booth. Allen, before going to Rich
mond, had been led by Booth to believe that
he was a confidential and secret agent of the
government, and that the letters borne by him
had reference to peace propositions which
| would speedily tend to a suspension OF hostili-
ties and the restoration of the Union. Add,
also, that it can further be proved by two per-
sons, formerly rebel soldiers, that Booth, on
the first or second day before his death, fell in
with them near Garrett's, and asked their ad-
vice and assistance in his efforts to escape. lie
| informed them that he had killed Lincoln, and
| thereby made good southern man President.
One of the parties, whose name is Dawson,
| said to him that if he meant that he had made
| Andy Johnson President, he had done the
worst possible thing for the south; as he was
more extreme in his views, and greater
enemy to the south, than Lincoln. Booth re.
piled that it was mistake; that Johnson as {
| candidate, or office-seeker, had to say grea
| many things, but that as President he coulC
do as he pleased; that he was bound to be
friend to the south, and that If he went bacl
on him (Booth) he would have him hum
higher than Haman. These men belong t
good families and have excellent characters
and can be produced as witnesses.
Here the paper ends, but the following
which was originally the final clause and
now cancelled, is still legible.
For the names of Dawson and Allen, use
above, leave blanks, or substitute the names {
such persons as you know will take thei