Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-03-27
Debate in the House of Representatives.

convicted. He held in his hand the printed
report of the trial, and had examined it with
Great care long before because this was no
sporadic thought of his. 1t was the result OF
careful anxious investigation for another and
u different purpose-to see who were ID the
great conspiracy. The gentleman Mr.. Bing-.
ham had said he was the advocate OF the
United States on that trial That was great
mistake. He was the special Judge advocate
whose duty it was to protect the rights OF the
prisoner as well as of the United States, and to
sum up the evidence and state the law. But
there was one piece of evidence within the
gentleman Mr.: Bingham knowledge which
he had not produced on that most momentous
trial When Booth was captured by L,euten-
ant Colonel Conger, there was, sad MIR; Butler,
taken from his pocket diary like the one J.
now hold in my hand, holding up small
morocco overed pocket-diary, in which, set
down, day by day, his plans, his thoughts. his
motives, and his excuse. That was put INTO
possession Of the Government, but it was not
laid before the military commission, although
the gentleman Mr. Binghaml did lay before
the court Booths tobacco-pipe spur, knife,
and other articles found on his person. The
diarv was not produced That diary appears
now before our Judiciary Committeeman let
me say here that did not obtain my intorma-
ton from that committee-With the eighteen
pages of entries made prior 10 the time OF MIR.
Liocoln's assassination absent. The edges
show that these pages were all cut out. What
I want to know is--frst Was that diary whole
when it came into the hands of the Govern
ment ? second, whether it was good Judgment
on the part of those who were prosecuting the
assassins of Abraham Lincoln to put in tohac
co pipe found in Booths pocket as evidence
against the prisoners, while the diary, in
Booths own handwriting, detailing all the
particulars of his crime, was withheld did
not charge the able, brave and gallant soldiers
who sat on that court with any wrong. They
did not see the diary. They did not know OF
it's existence. If they had, they might have
given different account of the matter Who
spoiliated that book? Who suppressed that
evidence? Who caused that innocent woman
to be hanged, while he had in his pocket the
diary which would have shown at least what
was the idea and what were the thoughts OF
the main conspirator? There is stlllremalnlng
in that diary 4 memorable instance written
but few hours before Booths death. lquole
It from memory: II have endeavored to
cross the Potomac five times and failed. |
propose to return to Washington and give
myself up, and clear myself from this great
crime. How clear himself? By giving him
self up, and disclosing ha accompllrcs. WHO
| we're they?
Who spoiiiated that book allerit got into the
possession of the Government, if it was moi
spoiIiated before? Why was not Lieutenant
Colonel Conger allowed to 90 on and state what
had been found on Booth body? The quca
tons were carefully put TO him SO that he
should moi tell about this book. He Identifies
knife, pair of pistols, holster, tobacco pipe,
cartridge, bin of exchange &r, bul he was
nowhere asked 'wera these all the articles;
that were found on Booth? If he had been
asked that question he would have answered
that he took Booth diary from his pocket as
he lay there gaspiug ia death. do not
know what would have been the verdict Of the
military commission ii that evidence had been
produced That evidence, found on Booth :
person, should have been produced.
understand the theory to be that the reason
it was not produced was lest Booths gloriti-
cation Of himself should go into the CASE
| think hat lame excuse. II ali ASSASSIN can
glorily himself, let HIM do so. There il no
danger of it. Therefore, again say, here
was most remark able piece Of evidence found
on the body Of the great consprator concealed
will take that back. [ mean ii WIS not put
forward, not brought to the great public mind
| believe that piece G evidences would have
shown what, in M Judgement, the whole case
now shows that Booth up to 4 certain hour,
meant capture and abduction o Mr. Lincoln
and that he changed his purpose and resortcd
to assassination. Mrs. Surralt may, or may
not, have known Of that change Of purpose
What find fault with in The judge advocate
who did not sum up Tor The prisoner, is that
there was no notice by him brought TO- the
mind of the court in his very able buLNery
bitter argument against he prisoners, Of this
change OF purpose. II Mrs SurIatt did not
know Of this change she would have had no
knowledge OF the intended assassination, aud,
therefore, could not have been Convicted
These are the reasons why LAY that | am
glad the blood Of that woman, whether she
were innocent or guilty, is not CO my head
[ meant by no intendment to say word against
the officers WHO composed that commission.
They were military men who relied Tor the law
upon the judge advocate, who thought they
had all the facts before them, but before whom
all the facts were not put
/ do not mean to say that they judged wrong
under the light which they had. The point
which I make, and the point which should
stand made before the country, is that all the
testimony was not before that tribunal If all
the testimony had been presented, we should
have been able to pursue the accomplices, and
to find out who it was that changed Booth $
purpose from capture to assassination; who it
was that was to profit by the assassination, and
that would not profit by the capture Of Mr..
Lincoln who it was that should succeed to
Mr. Lincoln in case the bullet made vacancy.
In some aspects Of the case that diary might
not have been legal testimony; but its moral
evidence would have carried conviction to the
mind Of everybody, because it was the dying
declaration OF q man who, assassin though he
were, was telling the truth between himself
and God. How was Booth, by coming back to
Washington, going to clear himself of the great
crime committed? That question still remains.
Were the eighteen pages Of Booth diary gone
when it came into the possession Of the learned
judge advocate? If so, why did he not inquire
what became of them; whether Lieutenant
Colonel Conger gave the book to somebody;
whether it went from his hands into other
hands and whose knife it was that cut out the