The New York herald., 1869-01-10
prehenslons on thc poctor,s pare would moi nave


been unreasonable.
The outside evidence sought TO be introduced OF
the Doctors alleged disloyasy Ia coatradicted upon
every p0int-thag Of the negro girl, Mary Simms IN
regard 70 his harboring rebel soldiers; by the tes
mony OF the very persons represented TO have been
30 harboreu, ana OF q number OF other persons,
white and black. The dslOyal language testified to
by Daniel J. Thomas Is disproved py John u, down.
said TO have been used. Many respectable witnesses
testify that neither Daniel Thomas nor the girl Mary
Smms Is TO be believed upon OATH and concur IN
representing Dr. Samuel Mudd as quiet, peaceabe,
law-abding citizen. who. Whatever his private opin-
ions ana sympathies might have been, never during
the entIre war did aught Inconsistent with hIs
duty and allegiance to the government under which
The testimony OF Louis ]. weichman. supposed to
be corroberated incidentally and partially by that OF
Marcus Norton ana W.. A. Evans, by which IL was
with Booth and the other c0nspirators at the Ma
uona Hotel, IN Washington CITY, is contradicted by
every day and hour almost OF Dr. Mudds time during
the months OF January, February and March preced-
ing tne assassination, down to the lah OF April IN
elusive, and who prove the absolute mp05sbihty OF
any such interviews having taken place. The soli-
tary previous occasion which Dr. Mudd seems to
ton, when he came to his house with broken ankle,
WAS In the preceding autumn. when Booth came to
Charles county ostensbly perhaps really for the pur
pose OF buying land, and when ne did actually buy
horse rom one OF DR.. Mudd's neighbOrs. at that
tune tnere y not shadow OF reason 10 believe that
was subsequently guilty. much less that he was en-
gagged IN maturing It's details seeking for coaiJu
proiessed 10 be interested In buying land In lower
maryland with the proceeds OF certain supposed
cessful speculatons In oil, and that such was as
signed by hm as motive for his visit to Charles
and Prince Georges counties 3 susceptible or proof
by al wlo during that period, were conversant with
him.
Altogether in view OF all the testimony in this
case IN the opinion OF your mcmoralists, IT cannot
but be considered that DR.. Mudd Is now suffering
criminal punishment for an act OF ordinary and pro-
fessional humanity, which it would have been dis
graceful TO him as physician and man not TO
ha ye performed,
T'aird-The testimony in samuel Arnods case is
extremely simple. All THAT can be claimed to have
been proved against him IL that at tine he was
ccgnizant Of a plot Ia which Booth was also en-
gaged. for the forcble abduction OF President Lin
coin and the surrender or his person 70 the hands
OF the rebel authorities with the alleged idea OF COM
peiling thereby general exchange OF prisoners on
both sides. This plot WAS never carried into eXecu-
ton. From all participation therein Arnold had ex
prcssly withdrawn. He was not in Washington at
there for weeks previous. with the view, appa-
reDty and avowedly OF shaking or all further asso
ciation with Booth and his plans he had sought EN-
piOyment, had obtained II, and was engaged III It
at Fortress Monroe. There is no reason 70 suppose
that OF Booths final rurpose ne had even sus-
pcion lie had no agency whatever IN .ts
execution. Arnold, therefore, like Spangler ID
being punished not for anything he did, but for
something he did no. do, which was never done or
attempted to be done by anybody, and in which he
hnsef had ultimately refused to bear part or hand.
Ills punishment therefore must be considered
equally with that OF his fellow sufferers 10 be un-
warranted by any principle Of law Or justice
Your memorialsts believe that II the testimony IN
as 1t was given. and public interest in the subject
could be so far revived as to insure It's repersa and
reoAamnatiOn, not doubt would exist In the pub
lie mind Of the entire innocence of these three
Could they be tried anew before the same commits
sion, upon the same evidence. your memorialists
confidently believe they would be acquitted 1t IS
matter OF aStOuishment to your mem0riasts, as IL
wlu day be TO the civilized world, that at any
time in stale of the public mind. before any
troana however constituted or IN any form OF pro-
| cedure upon such testimony, conviction should
| have been asked. much less obtained.
- less act OF mercy, therefore, than OF justice
which your Exceilency Is now invoked 10 perform.
| There is no consideration Of policy. magnanmity or
justice which can be supposed 10 have inspired your
Excelency's several procamations OF amnesty which
docs not apply with tenfod force III favor OF men
alike illegally and unjustly convicted. your memo
rialists believesunering in military prison, Ia u
hot and unhealthy climate. punishment equally un-
authorized by law and unwarranted by fact The
doors OF that prison only your EXcellency mas power
to open. Your mem0rlast5 Will not suffer them
selves TO doubt That upon fair and impartial review
Oi the facts your Exceency will grant the full and
free pardon prayed for, open these prison doors re-
store these unfortunate men to their families and TO
society, and this crownIng act OF grace shed lusre
upon the close OF your administration aud estab-
lish additional claims 10 the respect and gratitude
OF your countrymen.