The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-11

ton Of armed guards, and were returned to
their quarters in the same way. Every
possible safeguard was thrown about them
by the government in order to protect its
interests and to take care that they should
not be tempered with by outsiders. The ac-
cused were tried jointly. as the govern
ment denied a severance. Had each of
them been granted a separate trial 1t would
have taken more than a year to have
brought the cases to a conclusion. Three
hundred and forty witnesses were exam
ined, of whom $50 were for the prosecution
and 160 for the defense.
The legal contests between the counsel on
opposing sides was sometimes very excit-
ing and often acrimonious The lawyers
for the defense Were constant in their OBJ
Jsctions to the admission of much of the
testimony. denying it's applicability to the
case 1t was Judge Bingham's province to
meet these objections as they arose. Every
inch of disputed ground was fought by
him ably, forcib1y and with dignity. He
was on his feet almost constantly, parry
ing the thrusts of his opponents and driv-
ing home his own points and arguments
with terrific foIce and effect. To great
natural activity he added the courage of
lion. In the conduct OF this case Judge
Bingham in every way proved himself
great lawyer and patriot.
FOR THE DEFENSE.
The attorneys for Mrs. Surratt were
Aiken, Clampitt and Reverdy Johnson.
Col. William e. Doster was assigned by
the government as attorney for Payne and
Atzerodt. Mr.. Frederick Store was Her
ODDS attorney; Walter Cox appeared for
Michael O'Laughlin. Gen. Thomas A. Ew-
ing for Samuel A. Mudd and Edward
Spangler. The two attorneys Aiken and
Clampitt, who had been employed to de-
fend Mrs. Surratt, were from Washington,
in which city they enjoyed large and lu-
crative practice, and were pretty fair law
yers. Reverdy Johnson was at that time
senator from Maryland and was a man
of distinguished national reputation. He
was regarded as a great jurist and had
won renown in his profession. He did not
worry himself much with the details of
the case, the examination of Witnesses but
devoted himself chiefly to denying the iu-
risdiction of the commission to try the ac-
cused This he did in a lengthy argument,
which was replied TO with force by Judge
Advocate Bingham. Gen. Thomas Ewing
was the best advocate employed by the de-
Tense, and did harder and more effective
work than any of them. He labored in
was largely due to his ability that DR.. Mudd
was let off with a life sentence, and that
Spangler escaped severer punishment than
he got. General Ewing was a member of
the famous Ewing family of Ohio, was
brother of Mrs. General Sherman and a
cousin Of Hon. James G.. Blaine. The other
attorneys, Messrs. Stone, Cox and Doster,
were all able men, and rendered to their
clients the best service of which they were
capable. Stone was a Marylander, Cox a
resident of Washington, and Doster Penn
sylvanian. He was an officer of the army,
and had won the title of colonel.
The of the government against
Herold, Atzerodt and Payne was irresisti-
BILE. The only defense attempted in the case
of Herold, who was captured in the barn
with Booth, was that his previous reputa-
ton in life had been good and that he had
always been weak, simple-minded youth,
without much force of character-light and
trkaiEg. One of his witnesses said he was
like boy eleven years of age. This was
his only plea to the tremendous crime
with which he was charged, and it was so
feeble and Insignificant that it had no
weight at all with the commission in de-
termining his fate. His witnesses spoke the
truth as to his feeble and triling character.
ANY one who could have seen him from day
to day as he sat in the courtroom with
his life hanging in the balance, and watched
the play Of his countenance would have
realized that his friends spoke the truth
when they characterized him as weak
and foolish boy. How such an insignificant
and puny character could have mustered
courage enough to nerve himself for his
terrible deeds is, to those who knew him
hast xxyb0 in ha f0r
nearly sixty DAYS, utterly Incompetent
sible.
Payne was too poor to employ counsel.
In his extremity he had no friends, and pos
sessed not a dollar in the world. SO the
government, whose President and chief
officers he had conspired to murder, at its
own expense assigned to him as counsel
Col William E. Doster, a brave Union SOL
der. No better selection could have been
made, and earnestly and enthusiastically
did Mr.. Doster apply himself to the diff
cult task of defending his wretched client.
Never did a man enter more cQurageously
upon an undertaking apparently so hope
less. Judge Bingham in presenting the evil
dence against this man left for him no
ground of hope upon which to stand. The
cleaning knife with which he had attempt
ed to kill Mr.. Seward was brought into
court to cry out against him. and as he
gazed upon it his eyes lighted up with a
sudden and wild flash almost demoniacal
in it's expression. The very boots which
he had worn were produced, and as the top
of one of them was turned down the name
of the Presidents murderer Booth, was
revealed His shirt, undershirt and over
coat still red with the drops of blood on
them, all testified against him in language
that could not be refuted. Once the court
compelled him to stand up, clad in this
overcoat, With the wooden cap on his head,
and repeat the words, II am mad; l am
mad uttered by him as he fed from the
Seward house, and by those words the col
ored servant identified him. Those who
witnessed that scene can never forget it.
Doster's argument for Payne was a sub
lime effort. 1t reads like an epic poem,
and b one of the finest productions in the
English language. During its delivery the
audience which listened to it sat as If en-
tranced with the orators thrilling utter
ances. He accepted all the testimony Of
fered by the government against his I'M
fortunate client as the truth, nor did he
in any manner assai or vilify the govern
ment witnesses, who, he knew had spoken
the truth. When Mr.. Doster made the fol-
lowing statement in his plea he abandoned
his whole case in advance, and showed that
there was but little hope for his charge.
Said he:
There are three things in the case of the