The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-18
JOHNSON vs.. HOLT.
Andy Takes Under.Holt and
Grounds Him.

Grounds Him.
WASHINGTON, Nov l2-E1-President
johnson reviews Judge Hollis August
letter to the Chronicle, saying:
Judge Holt succeeded in discovering
only one witness who said he saw the
record OF the case with the petition at
tached in the Presidents Office. This
witness ia Hon. james Speed, then At
torney General, who is undoubtedly
mistaken in his statements; for as al
ready shown, the tindiugs aud sentence
OF the court were submitted on the 5th
of July, he (Holt) and l being alone,
were then and there approved by the
Executive a and taken by the
Judge Advocate General to the War
Department, where on the came after
noon issued the order TO carry them into
effect. Mr.. Speed doubtless saw the
record, but il must have been in the
Department of War and not
in the Executive Office, The
record Of the court was submitted to
me by Judge Holt in the afternoon Of
the fifth sday OF July, 1865. Instead
OF entering the Executive mansion in
the usual way, he gained admission by
the private or family entrance to the
Executive Office. The examination Of
the papers took place in the library,
and be and l alone were present. The
sentences. OF the court in the cases OF
Herold$ ASzerott and Payne, were con-
sidered I'M the order named and then
the sentence in the case OF Mrs Surratt
Iu acting upon her case, no recom-
meudation Tor a Communication OF her
punishment was mentioned or sub
mitted to me; but the QUESTION Of her
sex, wbica has already been adverted
to and discussed by the newspaper COL
umns, presented itself and was com.
meDted upon both by Judge Holt and
myself.
JUDGE HoLTs ARGUMENTS FOR HANGING
SIRT. sURRATT.
With peculiar force and solemnity, he
urged that the fact that the criminal
was . woman 10 itself no excuse or pal
iation that when a woman unsexed
herself and entered the arena OF
crime it was rather an sggrsvation
than a mitigation Of the offense
that the law was not made to
punish men only, but all, without re-
gard to sex, who violated its provisions
that 10 discriminate in favor OF Mrs
Surratt and agairs. Herold, Atzerott
and Payne, who were sentenced by the
same court aud at the same time to
suffer the penalty OF death, would be
to offer premium to the female sex to
engage in crime, and bribe the princi-
al actors in it's commission; that since
the rebellion began, IN some portions
OF the country females had been prOmi-
nent in aiding aud abetting traitors,
and be thought the time had come
when it was absolutel Y necessary in a
case so clearly and conclusiveIy es-
tablished, to set an example which |
would have 4 salutary influence He
was not only in favor OF the approval Of
the sentence, but its execution at the
carlieet practicable day.
JUDGE HOLT WRITES THE ORDER.
Upon the termination Of our consal
tstloa, Judge Holt wrote the order apo
proving the sentence OF the court, ]
affixed my rame to it, and, rolling up
the papers, he took his leave, carving
the record With him, and departing As
he bad come through the family or pri-
vate entrance.
THE sPiRIT ANINATING JUDGE HOLT.
From the above statement it will be
noted that the papers were not sub
mitted in the usual way by the Secre-
tsry OF War, but brought to the
President by the Judge Advocate
General, under, OF course, the iUstruC-
tions OF Mr.. Stanton. This doubtle~
WAS done to cave time aud hasten
execution, and evinces the spirit W
Judge Holt during the
proceedings. Who can doub'
i his name and Il
Judge Bingham had been
ed TO the petition signed
members OF the court, and the
bad been brought to the ate
he President, such an app
would have been duly weighed
Executive before final action
Dremises2
JUDGE HoLT's DILEMMA.
Mr.. johnson says iu coDclusi
being absolutely certain that
petition was attached to the
'ecord before it was submitted
President, il is not to be found
printed copy authorized by Judge
Ind certified to by Colonel Bv
special Judge Advocate OF the con
ion, the question arises which
wo is the authentic and genuine
he record in possession OF the JUICE
advocate General is true, then that 10
alse which he hss given to the public.
T. on the other hand, the record pub
isbed with his official sanction is true,
hen that in the bureau is false necez.
ar,y. Judge Holt is at liberty to ac-
ept either alternative, and 10 escape a.
e may the inevitable conclusion that
e did not Oniy tail TO submit the petit
on to the President, but suppressed
nd withheld it from the official history
{ the most important trial in the an
ais cf this nation.
DELASO didn't want the Cena,o-sbir