Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-11-12

| MI Harlan Says Aboat Ia.
| A communication from ex-Prssiisnt Aatkew
johnson is published the Csroaie,s OF tbs city
to-day, in reply 70 an article by Judge Holt
printed in the SINE paper in August last, on the
/ subject OF the execution OF Mrs. Snrratt. Mr.
| johnson expresses surprise that after the lapse
of eight long years Judge Holt should have re
NAMED silent, and tina. he sh0Ii AZ this late dav
attempt 10 meet the charge made, a. be declares
in his letter to the Secretsr. of War soon after
| the execution of Mary T.. Surratt, that ke with
| held from toe President petition signed by i've
| members OF the court, recommending a commu-
| taticr OF her death sentence.
Mr.. JOHNSON ASKS 4 QUESTION.
Judge Holt finds consolation in the tact that
| notwithstanding tie allegation male against
him, the President ordered no court fjr hi-
| tltal, had no charges preferred, and made no
open ACQUISITION Ami here ths question Sug-
| costs ITSELF" says Mr.. johnson. why .Judge
Holt, in this attack upon his Official integrity.
did not himself demand court OF inquiry All
| his witnesses were then living. the circum-
stances attending the execution OF the conspira-
| tors were fresh in the public mind; his reputa-
| ton was at stake, and must have been as dear
10 him then as now; yet he sought no vindica-
| ton, but has preferred 20 wait until the memory
Of friends, dimmed by years could be made 10
give him the benefit OF its doubts ana uncer-
taiGtes. Well versed in the law, he las evil
IDENTIFY weighed the advantages which DELAY
would give him; skilled IN sOphistry, he uses 10
the best advantage all that he considers proved
by his friends, and even constraes my forbear-
ance as evidence in his favor"
Mr.. SPEEDS STATEMENTS.
Mr.. johnson reviews the evidence offered BY
Judge Holt, and says -" In his search for ties.
tmOny Judge Holt succeeded in discovering
only one witness who said he saw the record Of
the case with the petition attached in the Pres
ldent's office. This witness is Hon. JAS. Speed.
then Attorney General, who is undoubtedly
mistaken in his statements, for, as already
shown, the findings and sentence of the court
were submitted on the 5th of July, he and
being alone, were then and there approved by
the executive, and taken by the judge advocate
n no War don ~ mt ruhn
same afternoon, the order 70 carry them into
effect was issued. Mr.. Speed doubtless saw the
record, but il must have been in the department
of war, not in the executive office"
Mr.. HARLAN DID NOT SEE THE PETITION
Mr.. johnson refers to Mr.. Harlan's letter in
which be says, relative to an informal cabinet
discussion on the subject. that at no time was
any part of the record of the trial. the decision
ofthe court, or toe recommendation Tor clemen-
cy read in his presence.
Mr.. johnson continues: "This record of the
court was submitted TO me by j Judge Holt in the
afternoon of the fifth day Of July, 1865. Instead
OF entering the executive mansion by the usual
way be gained admission BY the private or fam
lily entrance to the executive office. The ex-
animation Of the papers took place in the libra
ry, and he and l alone were present The sen
tence Of the court in the cases of Herold, AtZe-
rott and Payne were considered in the order
named, and then the sentence Of Mrs. Surratt
j DGE HOLT URGED THE EXECUTION OF MRS
sURRATT.
In acting upon her case no recommendation
for commutatiOn OF her punishment was mem
toned or submitted TO me, but the question of
her sex, which had already been adyerted 70
and discussed in newspaper columns, presented
itself and was commented upon both by Judge
Holt and myself with peculiar force and so
lemnity. He urged that the fact that the GRIM
inal was woman was in itself no excuse or
paliation; that when woman ''unsexed her
self" and entered the arena OF crime it was
rather an aggravation than mitigation of the
of the approval of the sentence. but its eNecu-
ton at the earliest practicable day. Upon the
termination of our consultation, Judge Holt
wrote the order approving the sentence of the
court. l affixed my name to it, and rolling up
the papers he took his leave"
Mr.. johnson thinks that the fact that these
papers were not submitted to him i'm the re Jular
way, by the Secretary OF War, proves hat Holt
was anxious to hurry up the execution, and this
spirit, lie says, characterized Hollis conduct
during the whole trial.
THE PETITION OMITTED FROM THE PUBLISHED
RECORD.
Mr.. johnson refers to the record of tn trial as
published by the photographer, Mr.. Ben Pit
man, and gives the letter OF II. l.. Burnett,
Judge advocate of the commissioners, strongly
indorsing ''its faithtulness and accuracy And
yet he says the petition for mercy '.1Oss not dp-
Pedr ia connection cith the findings end sentences.
mr. IS al 10 BE- found IN any part II U, rOlue al
though, In addition to the proceedings of the
court and the approval Of the sentences, the
book contains an appendix, giving, among other
matters pertaining TO the ASSASSINATION, affida-
Wits made on the 18th Of August, 1865, more
than month after the execution. If
as Judge Holt asserts, it was crime to suppress
or cOncea IL from the President, was it not also
crime designedly to omit this important page
Gom his authorized version of the trial? Ii can
not be claimed that the omission was accidep-
tai, for, according to Judge Hollis witnesses
the paper, as soon as signed, was attached TO
Mr.. johnson closes by saying: "If the record
in possession of the judge advocate general is
true, that is false which he has given to the
public. If, on the other hand, the record pub
hshed with his official sanction is true then that
in his bureau is false necessarily"
WHAT EN-sEoRETARY HARLAN SAYS.
Ex-senator Harlan, for some time n member
of Mr.. Johnsons cabinet, disclaims all respon-
sltility for ex- Governor Foote'S attack on Mr.
johnson published in that paper, and says be
has never doubted that President johnson
faithfully and conscientiously DISCHARGED the
painful duty which, as the executive OF the
nation, the law and his oath Of Office devolved
on him. Whether the recommend alton of mem
hers of the court for ciemency on account of the
sex OF one of these convicts was ever before the
President or not may be question of consid.
cradle importance to the reputation of parties
who make opposing statements as to the facts
butt does not affect the main question hardly
a feathers weight. They did not make this
recon- mendation as a court, but one more than
half Of the members did 80 as individuals on
account Of age and sex, and for no other reason.
A REMARKABLE DIVORCE Subtitle
Brinck!ey divorce suit presents a new phase
The plaintiff, Elizabeth Brinckley, and the de
ferdant, Hegh Lawson Brinckley, are natives
OF Memphis, Tenn, and the defendant is ex-
p6ctant heir TO over 81 100000 On the death
OF her father, Mr.. Charles a we'll known thea
trical manager, the plaintiff came TO this city,
where she renewed her former acquaintance
with the defendant. whom she had known in
Memphis, and lived with him as his wife, they
agreeing, as she alleges, to be man and wife
without the marriage ceremony. In 1873 he de-
serted her, and she sued for separate mainten-
ance, and was awarded 500 a week pending the
suit. The case was tried last May before Judge
Want Brunt, without jury, when defendant
swore that their relations were meretricious
and that there was no marriage between them
Judge Van Brunt decided, Yesterday, that the
case must go to jury. Y. Tribune, 1lh.
HYDRoPHoBIA FROM A CAT BIrE.-Two
weeks ago Herman Shaurman. Q German, of -
Hopkins street, Brooklyn, was caressing a
fav0rite cat The animal suddenly Jumped and
| fastened IFS faDgs in his nose. The cat subse.
quentiy showed signs of madness and was killed.
Shaurman's wound began to pain him, and he
afterward acted strangely. He jumped from
his bed at night and ran round the street and
acted so like a maniac that his family feared
him. On Monday he escaped to the street and
was brought back after q long chase. A police
surgeon was summoned who SAYS that he Is suf.
| fering from form of hydrophobia. The man
seems to dread the sight Of water and is deter
mined to escape from the house.
| DROWNED IN CHEsAPKAKE BAL Robert
<EC4 ~