The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-13
The Execution Of Mrs. SurrntI-"''
Johnson. Reply TO Judge Hoif''stors
of the Sentence and the Petision-
Holt Urgent for the Execution.

the Washington Chronicle in reply 10 that OF
judge Holt. published in the same paper III
August last. on the subject of the execution
of Mrs. Srrratt as one of the assasslns Oh
President Lincoln.
rrpGE hours LONG SILENCE.
Mr. Johnson says: Eight years have
.,nsrd since The American people were call
ed on to mourn the death of Mr.. Lincoln.
whose ,luseltish devotion to the Union ana
genuine sympathy with the masses have
made his name household word not only
in the North, but in the once rcbelllous
South During this long interval Judge Holt
has remained silent. and only at this late DAY
attempts to meet the charge made. us he dc-
cIarcs in his letter to the Secretary OF war
soon after the execution of Mary h. Surratt,
that he withheld from the President Wneh
presenting the record Of her trial petitloh
signed by five members of the court, recon-,
mcndinC. i'm consideration OF her age anu
sex, n communication of her death->cntence 10
IMPRISONMENT for life in the pcnitentlary.
=. Hayjur at last gathered what he terms
the proof. of his innocence he offers them Tor
the consideration of the War Department,
and nj the same time seeks consolation III the
Fact that, withstanding the allegation
made against him. the President ordered no
court Tor his trial, had no charges prelerfeu,
and made no open accusation, Dut 10 the
close of his administration continued win
him the same official relations rs before Win
ont giving the reasons which ut that llmC
would, in all probability, have operated
against any development OF the facts III thiS
case. The question suggests itself why Judge
Holt. i'm this attack upon his official integrity,
did not himself demand court OF inquiry.
All his
WITNESSES WERE THEN LIVING,
the circumstances attending the execution
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 vindicatun, but has pre-
fcrrcd to wait until the memory of irieDdS.
dim,ned hv wears, could be made TO give
him the benefit of It's doubts and uncertain
ties We'll yerscd in the law, DC has evil
IDENTITY weighed the advantages which delay
would give him. Skilled in sophistry, he
uses to the best advantage all that he con-
sidcrs proved by his friends, ana even con-
Strucs nv forbearance lis evidence Ill his
favor"
TIE RECORD AND THE PETITION.
After reviewing the evidence adduced by
Judge Holt, Mr.. Johnson says: sin 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 office. This
witness is Hon. James Speed, then Attorney
General, who is undoubtedly mistaken IN
his statements, for, As already shown, the
findings and sentence of the court were sub
mitted on the 9TH of July, he and | being
alone, were then and there approved by the
Executive. and taken by the Judge. Advocate.
| General to the War Department., where. on
| the same afternoon. the order to carry them
| into effect was issued. Mr.. Speed doubtless
saw the record. but it must have been in
the Department of War, not in the EXecu.
tive office
"In this connection. Mr.. Harlan'S letter
| has significance and value, for in referring
| to I'm informal discussion by Cabinet men,
bcrs upon the subject, at which he thinks
| Mr.. Speed was present, he positively states
| that neither at that time nor ut any other
was any part Of the record of-1he trial, the
decision of the court OF the recommends
| ton for clcmcncy read in his presence.
"The record of the court was submitted
to me by Judge Holt i'll the afternoon OF
9th day of July. 1865. Instead Of entering
lllp EXECUTIVE " tJS NSt"i '"s ~
gained admission by the private or family
entrance to the Executive office. The eN-
animation of the papers took place in the IL
brurv, and he and alone were present.
The senteuce of the court i'll the clses of Ela-
roid, Atzerodt, and Payne were considered
in the order uamed, and then the
SENTENCE IL TIE CASE OF MRS. SrREATT.
In acting upon her case no Recommended
ton for communication OF her punishment
was mentioned or submitted to me but the
question of her sex. which had already been
adverted to and discussed in newspaper
columns. presented itself. and was com.
mented upon both by Judge Holt aud my
self with peculiar force and solemnity. lie
urged that the fact that the criminal was a
woman was in itself no excuse or pllIa'lon;
that when woman "unScXcd herself" and
entered the arena of crime it was rather aD
aggrayatiOn than mitigation of the offence;
that tue law was not made TO punish men only,
but all, without regard TO SEX, who violated
its provisions. That to discriminate IN
favor of Mrs. SlrIatt and against Harold,
AtZrrodt and PAYNE, who were sentenced
by the same court and at the same time 10
suffer the penalty of death, would be to oiler
premium to the female sex to engage I'D
crime and become the principal actors IN
its commission. That since the rebelllon be-
can in some portion of the country females
had been prominent in aiding and abettmg
traitors, and he thought the time had come
when it was absolutely necessary IN case
50 clearly and conclusiyely established to
set an example which would have salutary
influence. He was not only IN favor OF the
approval of the sentence, but It's execution
at The earliest practicable day.
Tpon the termination Of our consultation
JupGE HOLT WROTE THE ORDER
approyiug the senteuce of the court. j
affixed nv name to it, and rolling up the pa
pers he took his leave. carrying the record
with him. and departing as he bad come,
through the family or private entrance.
From the above statement it will be noted
the papers were not submitted in the usual
way. by the Secretary of War, but brought
to the residence by the Judge-Adyocate-
General under, of course, the instructions OF
Mr.. Stanton.
This, doubtless, was done TO save time ana
hasten the execution, and evinces the spirit
which animated Judge Holt during the en-
tire proceedings. Who can doubt that il his
name and that of Judge Bingham had been
attached to the petition, signed by i've mem
bcrs of the court, and the prayer had been
brought to the attention OF the President,
such AN application would have been duly
weighed by the Executive before final action
in the premises.
MIR. johnson says in conclusion:
at being absolutely certain that if the petit
ton was attached to the original record be-
fore it was submitted to the President it is