The Hawaiian gazette., 1899-10-24
DsEyFus.yURRArr.


- government and the people. In a
0gunsy Of excitement, provoked by
oomolar causes. abandoned the princi-
- Of Justice and committed a ma
e1onal crime.
Prof. Scott aptly alluded to the Sur
gnft case during the discussion OF the
DuUyfus case In a meeting OF the Re-
osarch club last Friday.
1l1. Surratt was executed as one OF
ehe accessories to the assassination OF
President Lincoln. The verdict Of his
epry will be, II 1t is not now, that she
vas judicially murdered. She was tried
before O court-martial in time OF in
tsnss excitement, and with others was
convicted Of the crime. Two days
afterwards she was strangled on the
seaaoll. She was allowed no appeal
% . A1Gher court, as Dreyfus was al
soWe1. The Executive refused to obey
Q writ of habeas corpus issued in her
bshalf, and snapped its fingers at the
courts. Her witnesses were intimidat-
q. The gates of the White House
were barred against the admission Of
my humane petitioners. Even her
daughter lying PROSTATE on the steps
Of the Executive Mansion was re-
fused a hearing. A recommended
ton to mercy. signed by five mem
bers OF the court-martial was taken
to the door Of 1t by Judge Advo-
cato Holt. who acted for the govern
mont in cOnvicting her, but 1t is not
clearly known to this hour, whether or
not President johnson saw 1t.
The evidence upon which Mrs. Sur
ret was convicted was officially pub
lished some months afterwards. Many
cool headed men who had read the
evidence published during the trial in
the journals. feared that the cburt-mar-
tial in convicting Mrs. Surratt was
only responding to the excitement
Of the moment. After there was
an opportunity to study the evil
Aence in full. many, especially
lawyers and judges, felp that the evil
dence was insufficient to convict, and
that II the case had been reviewed by
the courts. or 1t had been tried be-
Iore Q jury, under the direction OF the
court. no conviction would have been
poesible. But the deed was done. The
woman had been executed by the ma.
tioal authorities. and the public sell
den revises and condemns It's own con.
duct.
At the same time among the think
ing classes there was conviction tina;
wrong had been done. They saw that
tho fact that Booth visited Mrs. Sur
ratt house was not sufficient evidence
Of guilt. Booths associates declared
that she took no part whatever In the
commission OF the crime. Those who
were executed with Mrs. Surratt, stated
solemnly on the day OF their .execu-
tioa that she was innocent. Those
Who were sent to the Dry Tortugas
said also that she was innocent.
Judge Advocate Holt and John A
Bingham, member Of the House, had
conducted the prosecution. Judge HolI
became restless at the slur cast upor
him that he had permitted her execu
ton. by Withholding from Presiden,
JoAns0n the recommendation to mercy
In 1883, eighteen years after the affair
he publicly addressed a letter to James
speed, Attorney General during John.
cons prssidency, pitifully, urgently
askiAg hin to state publicly that the
PresiAsat had received the recon-
mendatieh to mercy. This would have
cleared Holt from the charge OF abet-
cling the execution. Speed refused to
reveal Cabinet transactions, and Holt
publicly denounced him for not remov-
ing this stain on his character. North
Anericana Review July. 1881
John A. Bingham. who had assisted
IL the prosecution. was a member OF
the House. and on making some re-
marks on one occasion, Gen. Butler Of
Massachusetts, turned on him with con-
tempt and tainted him with, Hanging
an innocent woman"
Judge Bingham was afterwards APP
pointed Minister to Japan and made an
excellent record. The conviction and
execution OF Mrs. Surratt weighed on
his mind. There were occasions when
he failed to control himself and on
these not infrequent occasions. he no,
ociy denounced President Johnson for
failing to save the woman but INDUCED
In the strongest profanity towards hi,
action. lie stated again and agair
ths2 the President had said 10 him tina
hs would not hang Mrs. surratt, an,
that he. the President had the recon
msadailon 10 mercy before him. III,
President denied this statement. Pro
ssssor Scott. who WAS hls nelghbor n