The New York herald., 1869-01-10

Petition for the Fscsease Of the Dry TortuSas
Prisoners, Sp!nngier, Mudd and Arnold
Calm Review Of the Testimony an tho Cor-
spirncy Trial.
From the Baltimore Sun. Jan. 81
We give below the memorial which has been put
in circulation petitionng the President for the
lease OF Edman Splanger, Dr. Samuel A. hudd and
Samuel Arnold prisoners at the Dry Tortugas under
sentence or military commission for ALLEGED CON-
plicty with the murder OF the late President Lincoln
IL Is impossible to read the statement given In this
memorial OF the evidence adduced for and against
these prisoners upon their trial without profound
astonishment that any tribunal, even military one
could have convicted and sentenced men 70 q long
and painful imprisonment, upon testimony which,
now that the popular passions aroused by the muir.
der OF the late President have subsidized no rational
man would consider sufficient To ask their trial upon
much less their conviction.
Upon review OF the facts as stated below the
question Is involuMarily suggested whether the
court which convicted the prisoners upon such testi
mony could have erred through ignorance or whe-
ther they yielded the convictions OF their own judg-
ments from timdity, and without regard to the
rules OF law and evidence TO an nfuriate ana unds-
eliminating demand for retribution: However that
may be, and making all allowances for the influence
OF the passions Of the hour In ncanacitating even
ordinarily honest and wel-intentloned minds from
fair administration OF justice, 1t would seem unde-
nabe that in the present calm temper OF the public
mind 1t would be impossible 10 convict the prisoners
before any tribunal upon the evidence which IL re-
cited below and that IL would be an act of justice
well as OF humanity 10 relieve them from the pro-
longation OF punishment, no part OF which was
warranted BY the testimony adduced upon their
trial.
THE PETITION.
To HIS ExcELi.EAcY THE PRESIDENT or THE UNITED
The memorial OF the undersigned, citizens OF the
United States, pehtioning for the release and pardon
OF Edrnan Spangfer, nr. Samuel A. Mudd and samuel
Arnold, now confired as prisoners, under sentence
OF military commission, in the military prison at
the Dry Tortugas, Florida which said sentence was
pronounced June 30, 1865 respectfully showeth:-
That the offences with which said prisoners were
charged, and whereof they were convicted, and for
which they are now undergoing punishment aS
aforesaid. was that OF completely with the murder
OF Abraham Lincoln. late President of the United
States.
That the following is brief statement of the evil
dence adduced both for and against said prisoners
upon their respective trials as said evidence appears
10 the printed report OF the conspiracy trials,
piled and arranged by the recorder to the commits
sion and published under authority OF the Bureau
OF Military JuStice:-
Fvrst--As to the prisoner Ednan Spanger your
mcmoriasts respectfully represent that II s not too
much to saw that there is absolutely no evidence
whatever to Indicate the smallest completely on his
part in Booths crime the slightest previous know
ledge of Booths designs, the remotest sympathy
dersd, directly or indirectly in the execution OF the
same. All that IS shown in evidence In regard to the
said Spanger IL that he was an humble efDpoye at
the theatre engaged as o scene shifter and to do
rough carpenters work about the stage that he had
known Booth from boyhood and perhaps felt q
certain measure or that admiration for finn per-
sonaly with which, it IL said, Booth had the power
OF inspiring men OF his class He assisted in taxing
care OF Booths horses and In the habit Of per-
forming for him various Oice5-partly menal, partly
those OF humble friendship. On the fatal night OF
Spanger was ut his post on the stage, where his
duty AZ scene shifter required his continuous pre-
sence, and he was so engaged when the iatal shot
fired; but there il not particle OF evidence TO
show, any reason TO believe that Spangler then
knew by whom or with what intent or effect 1t was
fired. Spangicr's position at the moment was not
such as To enable hm to see Booth when he fired the
to afford him more than passing glimpse OF him.
hardly sufficient Tor recognition. he rushed across
the stage. knife In hand and made his escape oy the
There was nothing strange or unusual in Booths
presence ut the theatre on that particular evening"
where he had free access az all times and was par
ticulary ut home behind the scenes; nor In his
coming to the side door OF the theatre on horseback
the stable in which his horse was kept being in the
alley adjoining the theatre. upon which said side
door opcnedlhe Stable kev being kept In the pas
sage way OF the theatre, and his hostler beng one OF
the employees OF the theatre, the witness Joseph Bur
rOugbs, otherwise called ssPeanut john"
1t in evidence that when Booth came TO the
theatre that evening he called for Spang,er to hold
his horse, and that Spanger obeyed the call but
Immediately afterwards. and so soon Us Boo.h en-
cave MIN i'm the horse 10 hold SAVING that he himself self
had no time, and that (as was the facp .he whole
responsibility OF Attending to the scenes in the play
then being performed rested upon him.
The circumstance OF coil OF rope being found in
spangers.bag has not the slightest significance
asmuch there is nothing to show that the use Of
such rope contemplated or needed in the CON-
mission OF Booths crime. ana nothing OF the sort
was used Spanger's possession OF the rope Is sas-
factOfily accounted for by several witnesses. The
alleged conversation between Booth and Spangler--
the purport OF which Is given by the witness SLEIGH
Spangcr To ..help him all he could, and Spangler
as promising ''heip," took place on the Tuesday
preceding the assassination, aud - sufficiently
planned and easily understood BY reference 10 the
business which Spangler at that time actually had
IN hand ior booIn W. tne SAFE OF ms norse ana
tempted 10 effect that day. and which, the day
after he succeeded In accomplishing paying over
the money received to Mr.. clifford. OF the theatre.
That the conversation had reference whatever TO
the assassination is shown by the fact that IN the
execution Of his design Booth neither needed nor
received .helpr OF any kind from Spangler.
The evidence OF the witness Ritterspaugn to the
Ian ss sanssE r as ssus G
unsupported by ILseif-is inconsistent with hrs own
statements in regard 10 the same subject matter made
only tue day following the assassination. as testified
10 BY other Witnesses, and II true would prove no
completely with the crime, Out merely personal SYM
pathy with his acquaintance from boyhood. J. Wilkes
Booth, who at the tiiEe not known to be
the assassin nor even generally or certainly sus-
pec.ca; inasucn r a. was no. 10 @ uo, ~ nouls aitcr
General Dix, ~ New York, ths third despatch upon
the subject that the investigation then progressing
pointed to L0oth ~ The murderer. fhe expression
OF irritation testified 10 by the boy "geanut Johnr
as having been used by spangler the previous after
noon when summoned to help decorate the PresI-
dents box at a time when II IL by no means certain
that Booth himself had conceived the idea OF the
crrne and when he had had no possible commll-
nicaton with Spangler, II evidence neither Of
criminal knowledge nor intent The whole ev!-
dencc regard TO Spanger points him out ss
by Booth in such an enterprise; there Ii not
a little OF evidence to show that he trusted
ossassInstIon NJ There is nothing in the testimony
against him which IL not perfectly consistent and
reconcilable with the entire truth vf his
and detailed statement Of his innocence made before
the commanding officer OF Fort Jefferson on the I'd
OF December, 1861 to which your Exccllcncy's at
tention Is respectfully invited. Your memorialists
consider that point OF fact Spangler Is being pun
shed not for what he did, but for what, IN common
with everybody else present on that fatal occasion,
he Jailed TO do. because. sharing the universal be-
wilderment and horror OF the moment he failed In
stantly aud instnctively TO divine what had been
done and by whom, and 70 recognize, pursue and
arrest the armed and desperate docr. For this and
this only he was avowedly and confcssedly con-
victed.
.SsOnd.-The case OF DR.. Samuel Mndd appeals
equally strong 10 your Excecncy's consideration.
The whole connection Of this unfortunate gentleman
with Booth-for with his crime he had none-as
shown by the evidence Is ths:--Early on saturday
morning the day following the assasslnation. two
strangers the Doctor supposed them both 70 0e,