Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-06-21

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1867. Test: Il. J. MEIGs, Clerk.
United States vs. .Jno. II. Surratt.--Joha H.
Surrati being duly sworn, says That since
the ecross.examInatiOn OF Sergeant Joseph M.
Dye and since said cross examination closed
he has been informed that said Dye is now
under bonds to answer in the city of Phiadel-
phia to the charge of passing counterfeit
money. That the testimony OF said Joseph
NJ. Dye. as he is inior med, may be of m uch
importance in this cause. and that 1T is essen
t,sl to the ends of justice that he should be
interrogated as to said charge. ,a-
Sworn and subscribed this 21st day of June.
Test: r. j. MEI6s, Clerk.
Messrs. Bradley and Merrick, counsel for
the pris oner, also filed an affidavit IN accord
ance with the ruling of the Court yesterday
on their motion to recall the witnesses, Ho-
bart, Rlinn. and Dye. The affidavit states
what they expect to prove by the witnesses,
as above set forth in the affidavits signed by
Surratt.
Judge Fisher said he had examined the affi-
davIts, and he thought the practice had been
as stated by the Court the other day that the
witness be first examined in chief and then
CT ross-examin. by the other side, Just such
pracuce as one would suppose to be carried
out by looking at the form of the subpoena,
W hlch said the witness must not depart with
out permission Of the District Attorney. He
had always seen In cases Of this sort that the
Witnesses must have permission of the District
Attorney to leave the Court. and thought there
wasno reason to depart from the uniform prac-
uce. If Sergeant Dye was under bond tor
passing counterfeit money in Philadelphia he
did not think il wes necessary TO have the
witness here, but If necessary he could be sent
for.
Mr.. MerrIck asked il those witnesses were
brought here whose witnesses they would be.
The Court replied they would be the wit
nesses for defence.
Mr.. Ca rrington asked that Mr.. Smoot be re-
called to make a correction in his testimony.
Edward l.. Smoot was recalled. and testified
he had been told that he was mistaken in the
gentleman who examined him at Winder's
Building. Had been told it was not Judge
Holt. Never saw Jud &c Holt in his life; did
not know him
By Mr.. Merrick:-Was told the gentleman
who examined him was Col. Barr
Question.-Describet the old gentleman who
examined YOU
Objected to Mr. Pierrepont
Judge Fisher said he thought it was proper
for the witness to be examined by Judge Holt,
and he here would take occasion to say that
any officer of the Government should use ali
all the facts in an important case like this.
Mr.. Pierrepont said 1t was the duty of the
Government to prosecute CRIME and find out
who committed it. II q Government could
not protectit its cltiZsns such Government could
not protectitse
MI Bradley thought the Government had
abundant means In the judicial department,
without bringing in extraneous aid from any
other branch Of the Government, to seek out
and bring to punishment criminals. He thought
it the duty OF every citizen to communicate
any secret tribunal to investigate proof, and
probably create proof. He agreed as TO
matters connected with the army Mr.. Holt b ad
authority, but he denied that Mr.. Holt the
War Department had a right to investigate
m alters as to private citizens. There was a
great difference between now and three years
ago. when great struggle las going on In the
country. Under what law did MIR. Holt un-
dertake to examine into case pending in a
civil tribunal } If there was such authority
he called for the statute. Holt was private
citizen. The prosecution must show some au.
thority for Mr.. Hollis in vesugating matters.
Mr. NJ errick said it m ust be shown that the
party examining was duly authorized attor-
ney of the United States.
Judge Fisher said they could go On with the
witness. 1t was proper to ask a witness who
he bad spoken to about his testimony.
Witness resumed Said the gentleman who
examined him was an old gentleman with
gray hair. Witness was examined in the
room where Judge Advocate General was
over the door
Mr.. Darlington said the Judge Advocate
General was not engaged in the prosecution
Mr.. Bradley.-That has nothing to do with
the case. The Court has called for another
witness. If the District Attorney has any
statements about this to make, let him make
them under oath.
Brock Stabler recalled for the prosecution
Witness RENE m bered one occasion only when
Snrratt had a double team: saw at the stable
conversing with Surratt, Booth, Atzerott, and
Herold; had a convers alton with Atzerott; he
showed witness letter ircm Surratt stating
Mr.. Bradley Stop; dontstate any thing that
was in that letter.
Witness resumed--AtZerodt told witness he
had letter from Surratt, and allowed wit
ness to read the concluding paragraph At
-Zerodt said he would not show witness the
letter, but it was dated Richmond, and he said
detectives were after him, and he was making
fnis way North fast as possible Atzerott
called witness to the edge.ef the pavement and
TOld him what he had. Witness asked AtZe-
rott to let him see the letter. Did not remem.
Der OF anything being said as to where Surratt
was He said Government detectives were
after Surratt Witness had letter from Sur
ratt telling him to call upen Booth.
Mr. Bradlsy--Stop; that is not evidence.
Judge Pierrepoint-We will not introduce
ID now, but will hereafter.
Witness sreSumed.-SurrHft FREQ uently asked
witness If he wanted any money. Atzerott
took away a blind horse. There was a bay
horse taken at the same time They were Sur.
their keeping. Atzerott brought them there to
sell. Saw the one eyed horse in the Govern.
ment stables on 9th street.
Witness was here shown paper; Identified
1t as an order in the handwriting Of John H
Surratt, Exhibit Nc. 27,) as follows
mir. Howard will please let the bearer, Mr..
AtzeUodt have my horse whenever he wishes
to ride also the leggins ana gloves and Obge
" = = "54i sal H street, between eth h and m 7th."
Witness resumed.-Frequently the men went
to the back part OF the stable; their converse
ton was carried on in an ordinary tone, he
supposed. - -
Cross.examineA by Mr. Bradley y.-Booth took
the horses after he (wItness) received infornaa.
ton from SSrratt that Booth would pay for
and tade the horses away. Atzerodt conveyed
TO the mind of witness that detectives were
after Surratt., Did not remember when that
took place. 80
BY Judge Pierrepoint.-Witness went by the
name OF Brooke; very often his name was
Brooke Stabler. .
By Juror-Men oftsntimes walked to the
rear end of the stable. .... -r.. ..-T
James ". Pumphrey called and sworn.-Wit.
ness resided 252 street; kept q livery stable
1T 2i4 G street, between ~ and 6th Knew
ohm Wilkes Booth. Came to the stable of
witness for q saddle horse did not remember
the date. Said he wanted good saddle horse
Witness told Booth he was q stranger, and
must give security or city references About
this time Surratt came up and said let him
have the horse. Witness had known Surratt
many years. Surratt said he was going to
AXE q ride with Booth. When the horse was
,addled an brought ont, Booth was at the
Pennsylvania House, but he returned got the
horse and went away. Did not remember Of
having seen Surratt after that After that |
Booth often hired q saddle horse from wit.
ness. Saw Booth on the 14th OF April, 1865.
About 12 o clock in the day he called at the
sable of witness, and called for saddle horse.
W anted the same horse he had been usine.
That horse was engaged. Asked witness il he
,ouId n OF put the person of and let him have
he sorrel horse Witness gave him a little
bay mare. Had never seen mare saddle
,ridIe, or Booth, since