The times., 1898-02-06

couio nave passed upon this case tn
parties would have been taken from tn
| custody of the military authorities an
1 remanded to the custody of the civi
courts for trial on an indictment fo
murder which would have been foun,
| against them. That was the cours
pursued when John III. Surratt was re
| turned to the country. Had Mrs SUI.
ratt been granted such a trial she woul,
4 not have been convicted. Herold At
zerodt and Payne would no doubt hay,
been found guilty and convicted hal
| they been tried in a civil court.
The Constitution protects citizen.
| from Illegal arrests and trials, ant
guarantees parties charged with Grim,
fair trial by jury under the laws. Ii
ordinary times these rights are not ap
to be violated, and justice would eener.
ally be done to individuals without
them, but, as Justice Davis we'll said
in voicing the opinion of the court, il
IT were not for these guarantees any
person might be ''at the mercy of wick.
ed rulers or the clamor of an excited
populace-" Ii these guarantees are not
good when the wicked rule, or an excit-
ed populace is clamoring for the life OF
a supposed offender then they are prac-
tically useless, for they will seldom be
needed at other times. Certain it is
that the rights of Mrs. Surratt under
the Constitution were not protected,
and she suffered an undeserved igno-
minious death. for writ of habeas
corpus was sued out in her behalf on
the morning OF her execution, but un-
der the instruction of the President it
was disregarded by the military au-
thoritieS.
The evidence against and for Mrs.
Surratt win be found in the testimony
before the military commission, the tes-
timony in the trial of John II. Surratt
and in n statement made by the latter
in an adress delivered at Rockville,
Md, December Z. 1870. When the evi-
dence against Mrs. Surratt before the
military commission is studied the con-
clusion is forced upon the mind that il
was made to fit the theory the prose
cution had formed of the conspiracy.
No opportunity was given the accused
to attack the evidence submitted by
the prosecution. The door was opened
wide to admit evidence that would con-
Wet and shut hard against evidence
that would eXculpate. Weichman'S tes-
timony bears the stamp of being pre-
pared, and when the facts brought out
by the defense in the trial of John II.
Surratt are considered, ii appears plain
ly that there were links of evidence
against Mrs. Surratt that were missing
and that witnesses were induce to sup
ply them. This supposition is strength
ened by the evidence of Mr.. James A.
McDevitt in the John H. Surratt trial,
when he said Persons before the mill
tary commission We're only allowed to
state certain matters"
For my purpose il is only necessary
to give the prominent points in the evil
dence against Mrs. Surratt. The prin-
cipal witnesses against her We're l.. ].
Weichman and John NJ Lloyd. WEIGH
man testified that Booth made the ac-
quaintance of John II. SuTratt during
the first part of January, 1865, being in
troduced by DIR. Samuel Mudd, when
the latter was in Washington. From
that time on Booth was frequently in
Mrs. Surratts house. even on the very
day of the assassination, and generally
had some private conversation with
Mrs. Surratt. Weichman knew this be-
cause he boarded and lodged in the
house, now 504 III street northwest, and
saw him. Weichman had been to school
with John II. Surratt, with whom he
had formed a friendship, and Mrs Sur
ratt treated him as one of the family
Weichman at this tine was a clerk in
the War Department. Payne was at
the house several times, passing under
the name of Wood. Atzerodt was there
quite often. also Mrs. Surratt sent
Neichman TO Booth April II, 1865, for
his horse and buggy. that he might |
irive her to Surrattsville. Booth told |
lim he had sold his horse and buggy. |
Dut gave him SO to hire one. This was |
n the forenoon. On the way they met |
John NJ. Lloyd. To whom Mrs. Surratt |
lad let her house at Surrattsyille. near |
Tniontown. Lloyd had some CONVEX |
'ation with Mrs. Surratt. which WEIGH |
nan did not hear. though he was sitting |
beside her in the buggy. Ostensibly
Mrs. Surratt made that journey to col
ect note she held against a man
named Nothey. She did not complete !
Ter business. and returned home in the
lfternoon. The day OF the assassina-
ion Mrs. Surrdtt asked Weichman to
set a buggy and drive her out to Sur
attSVille again. on the same business.
When he returned with the buggy |
Booth was in the house and was talk
ng with Mrs. Surratt privately. AS
irs. Surratt was getting into the bug
y she said she must go back into the
ouse and get a package Booth wanted
Ter to take with her. The package
Ooked like a number of saucers set in
ne another. wrapped and tied up. Mrs
urratt said it was glass. They start
ome until about 6 o'clock. They left
shortly after Lloyd came
ome. and arrived at the house in
Washington about nine. He said Mrs
urratt was very uneasy on the way
ONE and also after they arrived and
ad eaten supper
Lloyd testified that when he met Mrs |
urratt at Uniontown. April II. she be-
an to talk mysteriously, limiting at
he did not understand As
e showed that he did not understand |
er, she said something about shoot
lg-irons." This caused him to re-
lember that some five or six weeks
afore John II. Surratt had left two
lnS with him to be kept until they |
era called for, which would be in a |
W days. He then supposed that Mrs.
lrratt referred to those guns. and ne |
Id her he had them. She told him Y
get them ready, that they would =,
'on be needed. He said the CONVEX :
ltion was conducted in an ordinary
ne of voice. The day of the assassi-
alton Lloyd was at Marlboro and he
d not get home until late. when he /
und Mrs. Surratt waiting for him. 5
he handed him package, which he | !
terwardS found contained field |
ass, and told him to have the pack
&c, the guns and ammunition ready, |
it'll two bottles of whisky, for they |
Ould be called for that night by two | 7
en-. Her buggy was broken and he .
I'd it up with rope, and she and |
eichman left for Washington. The | /.
lrratt house in Washington was
arded by soldiers, after the assassi-
tion, and on Monday morning. Payne
me to the house with a pick on his
oulder, saying Mrs. Surratt had en- | d
ged him to dig a drain for her. Mrs. [
rratt being called. denied know d
2 the man or that she had engaged
y one to dig drain for her. Payne n