Year: 1867

Booths own handwriting detailing all
the particulars of his crime was with
held? / did not charge the able brave,
and gallant soldiers who sat on that
Court with any wrong. They did not
see the diary. They did not know of
its existence. If they had, they might
have given different account of the
matter. Who spoliated that book?
| Who caused that innocent woman to be
hanged while he had in his pocket the
diary which would have shown at least
what was the idea and what were the
thoughts of themain conspirator? There
is still remaining in that diary memor-
able sentance written but Il few hours
before j. Wilkes Booths death. quote
from memory. 81 have cndeavored to
cross the Potomac five times and failed.
propose to return to Washington and
give myself up, and clear myself from
this great crime" How clear himself?
BY giving himself up and disclosing his
accomplices Who were they? Who
spoliated that book after it got into the
possession of the Government? If it
was spoliated, why was Lieut.. Col. Con-
ger allowed to go on and state what had
been found on Booths body? The ques-
tions were carefully put to him, SO he
should not tell about the book. He iden-
titles the knife, pair eff pistols. holster,
tobacco-pipe, cartridges, bill of ex-
change, etc.. but he was nowhere asked,
"Were these all the articles that were
found on Booth? ?" If he had been asked
that question, he would have answered
that he taken Booths diary from his
pocket as he lay gasping in death. l do
not know what would have been the
verdict of the Military Commission if
that evidence han been produced. That
evidence found on the person of Booth
should have been produced. / under
stand the theory to be that the reason it
was not produced was lest Booths glo-
rification of himself should go into the
case. think that most lame excuse.
If an assassin can glorify himself let him
do so; but there is no danger of it.
Therefore, | again say here, it was a
remarkable circumstance that piece of
evidence found on the body of the great
conspirator should be concealed. Twill
take that back-I mean that it was not
put forward-not brought before the
great public mind. / believe that piece
of evidence would have shown what in
my judgment the whole case now shows
that Booth up to a certain hour meant
a capture and abduction of Mr.. Lincoln,
and that he changed his purpose and re-
sorted to assassination. Mrs. Surrratt
may or may not have known of the
change of purpose. What / find fault
with in the Judge-Advocate who did
not sum up for the prisoner, is, that there
was nonotice by him brought to themind
of the Court, in his very able but very
bitter argument against the prisoner, of
this change of purpose. If Mrs. Surratt
did not know of this change, she would
have had no knowledge of the intended
assassination, and therefore could not
have been convicted. These are the
reasons why | say that | am glad the
blood of that woman, whether she were
innocent or guilty, is not on my hands.
| mean by no intepdment to say word
against the officers who composed that
commission. They were men who re-
lied for the law upon the Judge-A dvo-
cate-Who thought they had all the facts
before them, but before whom all the
facts were not put. / do not mean to
say that they, judged, wrongly under
the light which they had. The point
which make, and the point which /
should stand made before the country,
is that all the testimony was not before
the tribunal. If all the testimony had
been presented, we should have been
able to pursue the accomplices, and to
find out who it was that changed Booths
purpose from capture to assassination
who it was that was to profit by the as
lsassination, and that would not profit
by the capture of Mr.. Lincoln-who it
was that should succeed to Mr.. Lincoln
in case the bullet made vacancy. In
some aspects of the case that diary
might not have been legal testimony,
but its moral evidence would have car
ried conviction to the mind of every
body, because it was the dying declara-
tion of Il man, assassin though he We're,
who was telling the truth between him
selfand God. How was Booth, by COM
ing back to Washington, going to clear
himself of that great crime? That ques-
ton still remains. Were the Is pages
of Booths diary gone when it came in
the possession of the learned Judge Ad-
vocate? Ifso, why did he not inquire
what became of them; whether Lieut.
Col. Conger gave them to somebody |;
whether it went from his hands into
other hands, and whose knife it was
that cut out those leaves? | should not
have pursued this matter further, except
that the gentleman (NIr. Bingham)
charged me with having made the as
sertiOn ! did without an examination
of the evidence. He has chosen to bring
the matter here, not l, and desire now
that in some form this matter may be
fully and thoroughly investigated.


Here the fall fall of the hammer indi-
Gated the termination of the 10 minutes
allowed to Mr.. Butler.