New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-12
WASHINGTON.
THE sURRATT CASE AGAIN. f
Ex-PREsIDEST JoHssoS's DEFEysE AGAINST THE
CHARGES MADE BY JUDGE HOLT

CHARGES MADE BY JUDGE HOLT.
WASHINGTON, Nov. tl.-Ex- President John
has addressed a communication 10 The Warrington
ohronice reply TO that of Judge Holt published ~
the same newspaper August last, the subject oil
the execution OF Mira surratt OF the assassns OF
President Lincoln. Nj. johnson says:
Eight years have elapsed since the American people
called % mourn the death OF Mt Lincoln WHOSE
unsefsh devotion the Uni0n and genuine sympathy
with the masses have made his name household woru
only in the North, but IN the once rebel0ns south.
remained silent. and only at this late day attempts
10 meet the charge made as he declares in MS Iete
OF Mary e. surratt that he withheld from the Presi
dent. when presenting the record of her trial peton
signed BY 1--WE members OF the Court recommending III
consideration Of her and SEX communication OF nef
death TO imprisonment for life IN tue penea,
tary Having last gathered what he terms the PROOF
OF his innocence he offers them for the consideration Oh
the War Department and at the same time SEEKS ,s
allegation made against him the President ordered no
for his trial had no charges preferred am es
ton continued with him the same Official relations As
before Without giving the reasons which In a. PrI h
1aS J1dge Holt, In this atfaek upon bis "ofcial
OF inquiry All his witnesses were then living,
the circumstance attending me eAe ', bs
reputation at stake aud must have been as dear 70
hun then as now Yer ae sought ynacat2n' Dn
6ht and unceTtainties We'll yersed IN the law be
evidently ghed the advantages which delay Toud
give him skilled In sophistry he the best adj
vantage all that be proved b. his friends and
even my forbearance evidence IN his favor
After reviewing the evidence adduced by Judge Hot'
Mr. Johnson says:
In his search for testimony. Holt succeeded in dscoy-
erng only witness who said ne saw tle record o he
ease, with the petition attached IA tue president ONCE
This witness is the Hon James Speed then Aitorney-
General who Is undoubtedly mistaken In ms satee
for as already shown the bindings ana sentences 6
court were submitted ON the 6th OF Jniy ,,e t
approved by the Executive, and taken Dy
the e-AdyOcate-General 10 the War Department,
where. on the same afternoon tDe ORDER ~ carry @
into effect issued Mr. Speed doubtless, saw the re-
cord but 1t must have been IN the Department Oh VII
and not in the Executive Office. la thls eonne.d
ton Mr.. Harlan's letter has significance ana
value. for in referring TO an Informal qse Sc
by the Cabinet memners upon the suIIecl ~ ,atos
he thinks Mr. speed was present he pOsltiyeI sAtes
that neither al that time nor az any other was any p
OF the record Of the trial the decision Of the Court OF
the recommendation for clemeney read IN s pIese'o
The record VI the Court was submitted 10 me Dy Jlos
Holt in the afternoon OF the 5ih OF jay 1873. Ist0bb
OF entering the Executive Mansion III the usual way "
gained admission by the private or family entrance 10 e
Executive once Inc examination 9I the P.p, mt
place the library, and lac and alone were Pre,.
ott and Payne wkre considered in the order named anu
then the sentence in the case OF Mrs surrat IN acDs
her punishment mentioned or submitted 10
me. But the question OF her sex, . Wnlcdd
by the newspaper columns, presented Itself ana
was commenced upon, both by Judge Holt and my sen
With peculiar force and solemuity he urged that tne
fact that the criminal was woman was IN it'e no eA
excuse or palliatiOn; that when = woman unst1eu
herself ana entered the arena Oh cI.nc -
was rather aggrayation than mitigation
OF the ofense; that the law not made 70
punish men only, but all without regard t0 sex, VINO
violated its provisions; tha 10 dscInlne IN - VI ~
Mrs surrat and against Herold Azerodt ana PAYNE
who we're sentenced bY the court and at the same
time to suffer the penalty OF death, would he 10 0ner
premium to the female sex 70 engage IN crime anu pD
the principal actors ~ it, commission lnat
since the Rebellion begun; IN some part part
OF thecountry, females mad been pfo tbongh
the time had when II absolutely necessary, N
case 80 clearly and cOnclusiyely established 20 SET an
example which would have salutafy lnnucuce. nc
was only in favor or the approval OF the sehece'
but It's execution at the earliest practicable dai Upon
the termination consultation, Judge Holt wrote
tine order approving the Of the Court affixed
my name To n, ana, rolllng up the paper nc .Gon
his leave carrying the record with him. ana departing
as he had through the family or private entrance
Fsom the above statement t will be noted the papers
were submitted IN the usual way Dy he secretary
OF War, bus brought 10 the President ~ Tue
Judge Acknowledgement. under OF course, inc III
strnctions Of Mr.. Stanton. This doubtless was
done to save time aud hasten the execution
and evinces the spirit which animated Judge Holt uul
me- tbe entire proceedings Who doubt that II his
and that Of judge h1snn hsd PSep aaSned 70
the PRAYER mad been brought TO the attention OF the
President. such an application would nave been duly
weighed by the Executive before hnal action in the
premises
Mr.. Johnson says, in conclusion;
II beipr absolutely certain that II the netiton
attached 20 the original record before was submitted
40 the President 10 is not To be found an tie printed
col Burnett, special Judgc-AdyOcate OF tho Commits
sion. The question arises which OF the Two
Is nos'rls'on OF Che Juige-Advocate-eneraI
true then that false which be has TO the pub
c II on the other hand the record published with ms
official sanction l. true, then that IN MS bureau II dsc
necessarily. Judge Holt at liberty 10 accept either
alternative, anu 10 escape a. he may the lntNdDe con
cusou that he didnOt only fail 70 submit the petition 10
the President suppressed and withheld 10 from the
official history OF the most important trial IN the annals
OF the nation.