Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-08-15
VOL. @XXXIV.
could not possibly have found verdict o

could not possibly have found verdict o
guilty" ..,r..s.,, -,.-. 575tr
Your petitioner further says that he was
tried and convicted by a jury not qualified
to try him; that the jurors before whom
he was so tried and condemned were lille
gally selected and drawn, as decided by the
court in the case of John h, Surratt-the
manner aud form of selecting and draw
ing the Jurors in the case of Surratt and
your petitioner being Identical; that in the
discussion on the opening of the trial of
Surratt as TO the legal qualifications of the
jurors who had been summoned and en-
panneled to try him, it was contended by
the posecution and decided by the Court
that said jurors were Informally and irreg-
ularly selected and drawn, and that any
verdict they mi ght render upon any trial
would be absolutely void. E@-
Your petitioner further says that under
the rules and practice OF the Supreme Court
of this District, the above ipformality in
the selection and drawing of jury does
not after sentence, under a verdict found
by such jury, constitute a ground for a
new trial or other relief by the Court, and
that the only remedy for such an illegal
conviction lies in an application to the Ex-
echtive for pardon. ~
CHARLES A. DUNHAM.
The above are all the papers which have
come to my knowledge in relation to the
application tor pardon. When considered
in connection with other papers, adventi-
tiously received, they excite peculiar inter-
est and command careful attention, and it
is the extraordinary gravity of the import
of these papers last mentioned In connec-
tion with the source whence they come,
which makes it my delicate duty to submit
their contents for your studious considera-
ton, and to. suggest tnat some proper dis
position oughtto be, made Of them, in con-
sonance with the dignity of the Govern
ment, and in Justice to all parties, intro
duce them as follows:
S First. A Communication addressed to
the President of the United States, bearing
date Washington, July %, 1867. and signed
this person, who is certified by gentlemen
-et official and professional responsibility,
and of distinguished sagacity, to be capa-
Bile of great and valuable service in the
disclosures of crime, makes startling as
severations directly. against prominent
members of the National Legislature:
WASHINGTON, July %, 1867.
! To His Ercelzency Andreu johnson, Presi-
dent of the United States I'm applying to
your Excellency for pardon had not in
tended to offer any disclosures concerning
the plotting of your enemies against you
which could be regarded as an inducement
for granting my application. l instructed
my wife. in presenting this petition, to re-
fer to the conspiracy of Ashley 6 Co., so
far only as appear necessary to remove any
unfriendly feeling that might have been
engendered within you toward me by the
newspaper reports that L had engaged to
assist your enemies in their nefarious de-
signs.
adopted this reserve in the belief that
the services 1 had rendered the govern
ment. as certified by Judge Holt, the Hon.
Mr.. Riddle and Mr.. Ashley would, in your
view and judgment, render me deserving
executive clemency, and because desired
that it should appear on the record and on
the face of my pardon that clemency had
been extended to me solely in considera-
tion of my services to the governments and
exclusively on the Recommendation of
prominent radicals, to the end that when I
should come to expose the atrocious plot
of Ashley Sc Co., the radicals would not be
in position or able to charge me with do
ing so in considers ton of a pardon, or that
the President had pardoned me on condi-
tion of my duplicating his enemies in an
infamous conspiracy.
From the moment was forced into asso-
citation with these traitors and conspirators
leased. to place in the hands of your Excel
lency. or lay before the public, complete
exposure of the diabolical designs and
most astounding proceedings. This, be-
lieved, would be my sacred duty; for, al
though accused of crime. l am not so des-
titute of honor and patriotism as not to feel
some interest in and obligations to my
country.
The interest these persons have felt, and
the efforts they have made, (Which would
have succeeded ere this but for the blunder
ofone OF them and which they still propose
to make for my release, (F. iG-) I knew
were prompted by the most selfish motives,
Al 4 .s-l.L
strument to accomplish their devilish de-
signs; and 1 shall not therefore be guilty
of ingratitude in abandoning and exposing
their yilliany.
MY wife has, believe, explained to you
how Ashley, first through his man Friday,
Matchett, and afterwards in person, man
aged to make known to me his wishes, aims
and purposes, and enlist me, as far as a
forced promise would go, in his enterprise,
shall, therefore, only avert here to some
thing which has been said and done by the
conspirators, which are susceptible of being
proved against them by the most irrefragi-
BILE evidence.
| After obtaining my promise to render all
4 the assistance in my power, MIR. Ashley
explained to me the kind of evidence he
thought it most advisable to present against
you. Il must be very briefly He thought
/ it would be very plausible to prove:
1st. That Booth had on several occasions
paid You familiar visits at the Kirkwood.
This it was hoped might be able to induce
some of the old female servants to testify
to. If this could not be done, then il
should be proved by some of my friends
who happened to be at the house at the
6ime, who knew Booth, &C., and saw the
4 visits. Il
I'd. That you corresponded with Booth
which should be shown by one or more
persons who had taken notes from Booth
to you, and your replies contents moi
known) thereto to Booth. The witnesse;
should be persons who would profess tC
i have been intimate with Booth, and to have
been enlisted by him to take part in the
assassination.
Sd. That the placing of Atzerodt will
weapons at the Kirkwood House was only
i a asham-although Atzerodt was not aware
OF ito make it appear that you were in
tended as a victfm, and thus distract al
suspicion from you of eonniviDg at Lin
coins murder. This, also, it was suggest
ed, could be proved by persons who coul(
testify that they had been induced to ente
into the conspiracy with Booth, and hat
performed a. part in organizing it, &c
which persons, it was to be understood
J were induced to testify under an assuranc
from the Government that they shoult
} not be prosecuted for any part they hat
taken.
, The resolution under which Butler
committee was appointed, it will be OBJ
served, provides for the protection of sucl
persons, who are furnished with good ex
/ cuse for not coming forward before, by of
5 fering immunity to all who were connect
l ed with the conspiracy who will come for
: ward and disclose their knowledge on tn
subject:
4th. That Booth, just after the 4th G
: March, stated to intimate friends in NeN
f York, whom he endeavored to enlist in tn
/ conspiracy, that he was acting with tn
knowledge OF the Vice-President; and ths
: it had been arranged to kill Lincoln on tn
q day of the inauguration, which would &C
E count for Mr.. Johnson's strange conduc