The New York herald., 1873-11-12
" AS II INGT0N N.

WASHINGTON. Nov. IL, 1873.
| Ex-Presfdent johnson Replies 90 Judge
Holt Concerning tho Execution Of Mrs.
surratt-Ths Judge Placed ON the
Horn or . Dilemma.
Ex-President Johnson has addressed communi-
cation to the Washington Chronicle in reply to that
OF Judge Holt, published In that paper IN August
last. the subject OF the execution OF Mrs. Sur
ratt one OF the assassins OF President Lincoln
| Mr.. Johnson says
| Eight years have elapsed since the American pe0-
| pie were called on to mourn the death OF Mr. LIN
| coin, whose unselhsh devotion to the Union and
| genuine sympathy with the masses have made his
name household word not only in the North but
terval Judge hot has remained SILENT
and only at this late day attempts t0smeet the
n as ware a as n as
| OF Mary Il. Surratt, that he withheld from the
President when presenting the record Of her trial
petition signed by i've members OF the court,
recommending, in consideration OF her age and
sex, Communication OF her death sentence
70 Imprisonment for III, life in the Psni, a,
he terms the proofs Of his Innocence, he
| partment, and at the same time seeks consolation
IN the fact that, Notwithstanding the allegation
enases ana mad
sson ssG sqasd put r. s I'm Of ~ ~ ssms
n ms al probability have operated against any dsSs-
4
suggests itself, why Judge Holt in this attack upon
his "ofliclal integrity did not himself demand g.
q cSq ny r. sssnans sss vs5s
OF the conspirators were fresh in the public mind.
His reputation was at stake and must have been
| as dear to him then as now. Yet he sought no
merSury or irisnds dimned BY years could Ds ready
saiStes SiSs s.sss Ii ila aH. 10 has SSdeniIy
him. Skilled in sophisfrya. he uses % g the beat aa
/ hath irlarr huh htu
! and even construes my iorbearance as evidence
| In his favor"
! After reviewing the evidence adduced by Judge
| Holt Mr.. Johnson says:-
| In his search for testimony Judge Holt succeeded
In discovering only one witness who said he saw
the record OF the case with the petition attached.
in the Presidents ONCE This witness is Mr.. James
! Speed, then Attorney General, who Ia undoubtedly
mistaken in his statements; ior, as alreaay
s and asDs a|sssy. S We're Y |hsss 81 and q ssers 9
! tla Judge Advocate General to the War Depart
t0 CARY thcm !.uto effect was Issued. Mr. Speed,
doqbtless, saw the rec9rd, but II must have been
i've she eca IN TINS oonpeo NJ Harsa Ian
| has significance and valdez -l9r, u geleg-
ring TO an informal discussion BY tue Cabi.
ne thinks Mr.. Speed was present; he positively
states that neither at that ttne nor at Qny 2thef
OF the Court or the Recommendation for ciemency
1 read in his presence. The record OF the Court was
M SaT 70 81 ms ~ H0 m the
executive mansion IN the usual way he gained ad-
mission by the private or family entrance to the ex-
ecutlve office The examination OF the papers took
place in the library, and he and alone were pres
| ent. The sentences OF the Court In the cases Of
order named, and then the sentence in the case Of
Mrs Surratt In acting upon her case no recon-
hendatlon ior communication Of her punishment
was mentioned or submitted to me. But the
Sesn vepea to and discussed by the nsWs
upon both ny Judge Holt and myself With peculiar
force and solemnity he urged the fact that the
criminal was woman was, in itself, no excuse or
palliation; that when a woman unsexed herself
aud entered the area OF crime 1t was rather
an aggravation than . mitigation Of the
punish men only. but ALL without regard to sex.
who violated - M Its provisions; tnat to dscrimnate
rodt and Payne, who we're sentenced by the same
Court and at the same time to suffer the penalty
oil death, would be to offer premium to the female
sex to engage in crime and bribe the
principal actors In its commission; that since
country females had been prominent in aiding and
anettng traitors ana ne thought the time mad
come when i was absolutely in case 50
| ample which would have salutary influence. He
was not only in favor OF the approval Of the sem
tence but It's execution at the earliest practicable
| day. Upon the termination OF our consultation
Judge Holt wrote the order approving the sentence
OF the Court. anixed my name TO it, and, rolling
cup the papers, he took his leave, carrying the
record with him, and departing as he had come
through the family or private entrance. From the
above statement it viii be noted the papers were
mot submitted h IN the usual way BY the Secretary Of
Advocate General. UNDER or course, the
instructions OF Mr.. stanton. This, doubtless, was
to RE AND hsn the
during the entire proceedings. Who can doubt
that II his name and that Of Judge Bingham had
been attached to the petition signed by five men,
bers OF the Court and the prayer had been brought
to the attention OF the President such an apgca-
utive before fnal action in the premisess
Mr.. Johnson says in conclusion:-
1t being absolutely certain that If the petition
was attached to the original record before 1t was
the printed record, authorized by Judge Holt
and certified to BY Colonel Burnett, special
question quest 'sE arises Which Of the two I Is
authentic and genuine II the record
true then that is false which he has given to the
public. H. on the other hand, the record pub
lished with his oficia sanction is true then that
In his bureau false necessarily. Judge Holt is at
liberty to accept either alternative and to escape
he may the inevitable conclusion that he did not
but suppressed and withheld 1t from the oficiai
history OF the most important trial in the annals OF
the nation.
Another Marshal Shot i'm Texas.
The United States Marshal for the western dis
trict OF Texas informs Attorney General Williams
that Deputy Marshal John p. Fries was assassinated
in that State. on the 18th OF October, by a man
named McUeber, who had been convicted OF mur-
der and sentenced to be hanged, but made his
escape from prison. This Is the afth deputy mar
shall assassinared in that district.
Discovery of Comet.
telegram from LIE verrier (Paris) Observatory
announces to the Smithsonian Institution the dis
covery OF . comet at Marseiles by Cozzia in right
ascension, 16h. 20 min declination plus 81 deg
&c min with slight motion toward the southwest.
a Sah ~
to Enrolment and Liccnses-Importa
Decision.
In case Of lioel Of the scow General Cass for
tonnage, in the United States District Court for
Michigan, TO test the question whether
water craft OF the class to which the