John H. (John Harrison) Surratt.

Trial of John H. Surratt in the Criminal court for the District of Columbia, Hon. George P. Fisher presiding (Volume 2) online

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X



OF



JOHN H. SURRATT



IN



THE CRIMINAL COURT



FOR



THE DISTRICT OF COLUMBIA,



Hon. GEOEGE P. FISHEE Presiding.



V O li IT M E II.



WASHINGTON:

goverxme:n^t printing ofpice
1867.






INDEX TO VOL. II.



Defendant's witnesses.



Atkinson, F. H .



Page.
. 729



Bates, D.H 789,792

Barry, David 751

Bradley, J. H., jr 765

Bachus, August 783

Bachus, Mrs. Annie 785

Brogden, Henry Hall 791, 793

Burke, Francis P 792

Bartlett, John C 892

Bissell, Augustus 863

Boucher, Rev. Charles 895

Garland, L.J 814

Clarvoe, John A. W 834

Carroll, Joseph 732

Chamberlin, Frank O 764, 787

Cook, Henry A 779

Cameron, Stephen F 793

Dubarry, J. N 771

Du Tilley, Joseph 856

Early, Bernard J 759

Eckert. General T. T 828

Ford, John T 835

Failing, William 761, 769



Page.
Fitch, Francis E 774

Gififord, J. J 820

Gwynn, Bennett F 754

Jenkins, Miss Olivia 745

Jenkins, J. Z 758

Labelle, Ludgar 853

Murphy, Edward A 760

McDonough. Patrick 778

Maddox, James L 836

Matthews, John 821, 824

Nagle, S.B 847

O'Donnell, John 779

Robinson, David C 782

Reeves, John J 840, 894

Roccofort, Rev. L 838

Sicotte, Louis W 850

Sutton, Richard 861

Tinsley, J. B., jr 791

Walter, Rev. Jacob A 840



Rebutting testimony.



Archambeau, F. H 1032

Bigley, Daniel R. P 930

Blinn, C. H 954

Bliss, Chester T 1006

Bowen, Eugene 979

Brawsart, Thomas 989

Burnette, Alexis 990

Brayton, W. H 1033

Browning, J. W 1043

Butterfield, A. D 1049



Campbell, John A 972

Clark, John H 972

Colclazer, Joseph 979

Coombs, John W 994

Coryell, Vincent M 1005

Crawford, James S 964

Cable, J. W 1048

Cushman, C 1048

Cobb, J. W 1048

Donn, Alphonso 1002



II



INDEX.



Page.

Drohan, Morris 924

Dimock, G-. Z 1048

DuBarry,J.K 1022

Erskine, John 947

Elmer, W 1031

Eldred, G. B 1048

Field, Almeson 952

Frechett. Edmund 989

Fithian, M. S 1044

Eraser, F 1048

Fletcher, J. R 1049

Garner, Daniel 975

Gass, Henry. 992

Gibson, James 975

Glines, Z. B 922

GuflPy, Joseph A 950

George, J. .^ 1034

Green, George 1050

Hambright, George W 927

Harkness, William 1012, 1022

Hatlield, A. G 1011

Hepbmn, Charles J 925

Hess, C.V 994

Hobart, C. T 959

Hatfield, J. E 1034

Jackson, S. L., (colored) 998

Kallaher, James 995

Kelly, John F 995

Kelley, John L 977

Kelley, John W 974

Kilduff, Patrick 983

Kimball, Charles 992

Kimball, Miss Kate 998

Kimball, Mrs. S. R 996

Koontz, G. P 1027

Lloyd, William 978

Lowe, John E 973

Logan, T.J 1013



Page.

Mahon, Joseph L 968

Manners, William 1006

J\lartin, Robert 975

McMillan, L. J. A 941

McNamara, Michael 971

McCullough, James T 965

Merrell, Charles H 1004

Mitchell, M ichael 989

Mareau, M 1034

McMahan, G. W 1031

Ogden, John 979

Pywell, Robert 993

Perkins, Levi 949

Parker, W 1044

Parker, W. F 1045

Racicot, Ernest 948

Reardon, John B 969

Reefe, John 1003

Reeside, Francis 991

Reeves, James J 1006

Richards, A. C 935, 987

Richards, Reuben S 976

Rockatt, Edmund 977

Rodgers, Joseph C 921

Speight, Francis C 980

Stewart, Colonel J. B 984

Strayer, George W 916

Stevens, A 1021

Theaker, George W 1003

Titus, Frank 970

Torbert, John 966

Tucker, C. H 1034

Walder, George T 1004

Weichman, L. J 960

Wells, Joseph 961

Westfall, Ezra B 935

Wheeler, Mrs. K 997

Wetmore, C. F 1029



Sur-rebutting lestin^ony.



Bratton, Daniel.
Brown, James R

Cantwell, J. B . ,
Cosgrove, Ely . .



1007 I Drenner, Thomas.
1015

Ellis, Charles

1016

1008 I Ford, S. B



.1010
.1015
.1019



INDEX.



Ill



Page.
Groome, J.W 1018

Hogg, John R 1010

Howard, George R 1007

Jamar, R. D 1020

Jarvis, Alva 1051

]\[cOullongh, Hiram 1015

Miller, John M 1017

Noble, CM 1056



Page.

Partridge, John 1008

Purnell, William G 1009

Penell, G. B 1054

Penny, Nelson F 1055

Reese, R.G 1009, 1021

Scott, D 1017

Sitzenberg, P 1021

Tate, Aaron G 1016



TRIAL OF JOHN H. SURRATT. 729

By Mr. Merrick :

Q. Was it before or after you had been over to the jail that you saw Judge
Pierrepout ?

A. 1 could not tell you whether it was before or after ; 1 do not remember.
I recollect seeing the judge, but whether before or after I could not say.

Q. Do you recollect what time in the day it was you saw Judge Pierrepont ?

A. No, sir. I think now it was after the adjournment of the cbuvt in the
afternoon.

Q. Did you leave for home that evening 1

A. No, sir. I did not leave for home until the next morning.

Q. You talked to the man who came into your store in Elmira to buy shirts?

A. Yes, sii". I spoke to him the same as 1 would to any other customer.

Q. You have talked with the prisoner in jail?

A. I have.

Q. Mr. Cass, there are various modes of recognizing an individual ; one by
his moustache and his general look, and another by his general action and talk.
Tell us, if you please, what is the basis of your opinion that this is the man
you saw in the store?

A. Well, the first thing is, that the minute I saw him I recognized him as the
man I saw in my store. I did so before I got near him. 1 saw at once that
he was the man I had seen there.

Q. When you came to talk with him, did you recognize a similarity of voice
and of action ?

A. Yes, sir; a similarity in his speech, which led me to suppose he was a
Canadian.

Q. I understand you to say, then, that you recognized him the minute you
saw him, and that after talking to him you recognized the voice and action ?

A. I did.

By Mr. Braui.ey :

Q. Was there anybody else here from Elmira, three weeks ago, besides the
gentlemen you have named ? Do you remember a Mr. Miller being here ?
A. O, yes, sir. I saw Mr. Miller.

By the District Attorney:

Q. Was the time you have mentioned the only time you ever saw the prisoner?
A. The first time I saw him was in my store, and the second time was in jail.
Q, How long did this conversation continue ?

A. Probably from five to ten minutes. It would not exceed ten minutes —
probably not so much.

Q. You cannot state whether his hair was dyed at that time or not 1
A. No, sir. I did not take notice enough of him to notice that.
By Mr. Pierrepont :

Q. What made you think he was a Canadian when you saw him ?
A. I had a friend of mine from Canada the fall before, wearing the same kind
of a coat.

Q. When you came to talk with him, did yoii still think he was a Canadian ?

A. Yes, sir ; from the tone of his voice.

Q. And you recognized the same tone of voice in the jail ?

A. I did.

Prank H. Atkinson, sworn and examined.

By Mr. Bradley:
Q. Wliere do you reside ?
A. In Elmira.
Q. State whether you have any public or private office there.

47



730 TRIAL OF JOHN H. SURE ATT.

A. f'Lano-liiiio-lv,^ T have the hnnnr of bein? an alderman of the citv of
Elmira.

Q What is yonr business ?

A. My principal business is that of a bookkeeper for the house of Stewart
& Ufforfl, in Elmira.

Q. Where were you occupied in April, 1865 ?

A. At the same place.

Q. Rut not in the same store where you are now ?

A. No, sir. Our store was burned last winter. We were in Xos. 20 and
22 Lake street in April, 18C5,

Q, Do you recollect of a gentleman coming into that store on the 13th or 14th
of April with any peculiar dress ?

A. I do.

Q. Give us a general idea of the dress.

A. The only portion of the dress that I noticed particularly was the coat. It
was, as I remember it, a coat buttoned up with a full row of buttons in front
and on the sides ; with a belt fastening about the waist, and the skirt gathered
into it below the waist.

Q. Do you remember the color ?

A. It was some dark color, either quite a dark gray or a dark blue ; I think
more likely the former.

Q. Did you hear him in conversation with anybody ?

A. I did

Q. About what length of time was he there, do you suppose ?

A. I could not say. He was there probably ten minutes after I went in.

Q. With whom was he talking ?

A. He was talking with our cutter, Mr. Carroll.

Q. Have you any means of fixing the date ?

A. The only means I have of knowing the date is this fact, that ir was the
time when one of our house was in New York buying goods. I made an entry
in the cash book showing when he took money to go to New York, and when
he got back from New York and settled his account.

Q. State when he left.

A. The date of his leaving is the 12th of April, 1865.

Q. The date of his return ?

A. The 15th of April, 1865.

Q. Have you ever seen that man since?

A. I think I have.

Q. Where did you see him?

A. I saw him in the jail, above here.

Q. Is that the same man ? (Pointing to the prisoner, who had been requested
to stand up.)

A. I have no doubt but that is the same man.

Q. Did you have any conversation with him at the jail ?

A. I did.

Q. Was there anything in the tone of his voice and manner which would
enable you to recollect ?

A. Yes, sir ; more especially in the manner. I do not remember the tone of
his voice so much as the manner of the gentleman. I saw him and heard him
talking. My attention was called particularly to him by his dress. I took par-
ticular notice of that, and it was his manner that impressed me with a recogni-
tion of him.

Cross-examined by Mr. Pierrepont :

Q. Wont you open your book again and tell the jury what that book is ?

A. It is a petit cash book.

Q. Do you enter in tliat book all the cash that is received and paid out ?



TRIAL OF JOHN H. SURRATT. 731

A. No, sir.

Q. What do you enter 1

A. We only enter the cash accounts on our ledger — such as merchandise,
expenses, &cc., and the individual accounts of members of the firm, and of the
clerks, and of money loaned or borrowed, if such should ever be the case.

Q. Look at that book and read the eutiy there that relates to the business of
one of the house.

A. The date is " April 12th," under the heading of " Loan account." " D.
E. Ufford, New York, $105." On the 15th, his charges, "D. E. Ufford, ex-
pense, &c., in New Yoik, $95 62."

Q. From that you know when he left and when he got back 1

A. Yes, sir.

Q. When did he leave 1

A. He left on the evening train of the 12th.

Q. When did he get back ?

A. He got back on the morning of the 15th.

Q. When was it you saw the man with the peculiar dress in your place?

A. I could not state. It was either the 13th or 14th.

Q. Which?

A. 1 could not say.

Q. Did he buy anything ?

A. I do not know that he did ?

Q. Do you know Avhether he did or uot ?

A. I do not.

Q. If you sold him anything it would be entered, would it not ?

A. No, sir; the amount of the sale would be entered, but not the iadividual

Q. It would be entered on something, would it not ?

A. It would be entered on a ticket, and then figured up on the cash account.

Q. It would go into the cash account, would it not ?

A. Yes, sir.

(Mr. Bradley. There would be nothing to show who made the purchase ?

A. No, sir.)

Q. The amount would be known and appear on the cash book 1

A. Not the amount. In our business the amount of each sale is put on a
ticket and that ticket placed upon a spindle. The aggregate of the tickets is
footed at night, and thar aggregate entered on the cash books.

Q. If one of you sold a coat on a particular day you would have something
that would go to show who sold it ?

A. We should if it was a coat to be made, and a measure to be taken ; other-
wise not.

Q. It would be either entered as a cash sale, or entered somewhere on your
books 1

A. No, sir.

Q. Could any person in your house sell a coat and put the money in his
pocket 1

A. He might possibly do it.

Q. There was no way of knowing ?

A. No, sir.

Q. Was it the custom ?

A. I could not say it was the custom to sell coats and put the money in the
pocket. As I said before, the custom was, when a person made a sale, to put
the amount on a ticket, and place that ticket on a spindle. As I said before,
the aggregate of the amount on the spindle was footed up, and entered on the
cash book as a sale.

Q. What was done with the papers on the spindle ?

A. They were destroyed — that is, thrown into the waste-basket and burned



732 TRIAL OF JOHN H. SUERATT.

Q. And that is the way in wliich the entries would go upon the cash book

A. Yes, sir.

Q. When did you next see this man after that day — the 12th, 13th, or 14th,
or whenever it was 1

A. I think I saw him in this room.

Q. How long ago?

A. I should judge three weeks ago.

Q. Is his beard in the same condition now that it was three weeks ago ?

A. I should judge it was, or nearly so.

Q. Is it in the same condition now as it was when you saw him in Elmira ?

A. His beard is of a different shape now from what I remember of its being
then.

Q. Tell the jury how it was when you saw it at Elmira.

A. My impression is that the goatee was not as long then as it is now, and
covered rather more of the surface of the chin.

Q. You are sure there was a goatee covering the surface of the chin at that
time 1

A. I am.

Q. Were there side whiskers then 1

A. I do not remember any side whiskers.

Q. Was there any moustache then?

A. If any, but a slight one. I think there was a slight moustache.

Q. The difference between the goatee now and then is, that then it covered
more space?

(Mr. Bradlev. And was not so long?

A. Yes, sir.)

Q. Do you think it was of a lighter or a darker color than now, or of the
same color?

A. It was very near the same color.

Q. There is no more difference than the ordinary dressing of it would make ?

A. Probably not. I did not recognize any material difference in the color.

Q. But what day of the month you are not willing to state?

A. No, sir; I could not say whether the 13th or 14th.

Q. Had you ever seen him before that time ?

A. Not that I know of.

Q, Will you tell us at what hour of the day you saw him there ?

A. It F/g,s after I came in from my lunch.

Q, What time of day ?

A. I generally, and did at that time, have my lunch at half-past 12. It was
somewhere after that. It might have been 2 o'clock.

Q Do you think it was ?

A. I could not say positively. I went to my lunch at half-past 12, and my
memory is, that when I returned from my lunch I saw this man there.

By Mr. Bradley :

Q. I understand you to say that you have no doubt about this being the
same man ?
A. No, -sir,

Joseph Carroll sworn and examined.

By Mr. Bradley :
Q. Where do you reside ?
A. In Elmira, New York.
Q. Where did you reside in April, 1865 ?
A. In Elmira, New York.
Q. What was .your occupation, at that time ?



TRIAL OF JOHN H. SURRATT. 733

A. I am a cutter in a clothing establishment.

Q. Were you at that time 1

A. I was.

Q. In whose clothing establishment 1

A. Stewart & Ufford's.

Q. Do you recollect any gentleman coming into the store about the time of
the assassination of the President dressed in any peculiar manner ?

A. I do.

Q. Who attended to the man in the store ?

A. I did.

Q. Describe his dress.

A. He wore a coat with a shoulder-piece on, pleated in front and behind, of
mixed goods.

Q. When you say "mixed goods'' do you moan gray I

A. I do not mean gray exactly. I mean a sort of brownish color. There
were a variety of colors in it.

Q. Anything else peculiar about the dress, except the pleats. Sect

A. It was a dress that was not usually worn.

Q. Did you ever see one like it ?

A. Not exactly like it.

Q. Did you ever see any of the Canadian costumes, as they are called 1

A. I thought the gentlemen was a Canadian at first.

Q. How was the coat fastened ?

A. At the neck, and at the waist with a belt.

Q. State whether you had any conversation with that man.

A. I did.

Q How long did it continue, do you suppose ?

A. It might have lasted twenty minutes or thereabouts.

Q. State whether or not he came there for the purpose of getting clothes ?

A. He came there for the purpose of getting clothes ; at least he spoke so.

Q. Do you remember whether he was measured for any clothes ?

A. No, sir.

Q. Why not ?

A. We did not have the goods he inquired for.

Q. Can you state whether you were in expectation of those goods, and said
anything on the subject of expecting them?

(Objected to by Mr. Pikkrepont. Objection sustained.)

Q. State if you can find the date with any degree of certainty.

A. The first time was the 13th. He came in on the 14th also.

Q. He came in twice ?

A. Yes, sir.

Q. How do you fix it was those two days ?

A. By our petit cash-book.

Q. What fact is there in the cash-book that enables you to fix the date 1

A. Mr. Ufford, the proprietor of the house, went to New York on the night
of the 12th.

Q. When did he get back ?

A. He returned on the morning of the 15th.

Q. Do you fix it by that ?

A. Yes, sir.

Q. Between those two dates 1

A. Yes, sir.

Q. Did you ever see that man afterwards ?

A. I did.

Q. State when and where you saw him first.

A. In the jail.



734 TRIAL OF JOHN H. SUKRATT.

Q,. Difl you have any conversation with him ?
A. Some.

|l"he prisoner was here requested to stand up. J
Q. Is that the man ? (pointing to the prisoner.
A. That is the man.

Cross-examined by Mr. Pierrepont:

Q. How long have you lived in this country, or have you always lived here?

A. I have lived here for some twenty-eight years.

Q. Wliat country did you come from?

A. St. John's, Newfoundland.

Q. To what place did you go when you first came to this country ?

A. Boston, Massachusetts.

Q. How long did you stay there ?

A. I staid there up to thirteen years ago.

Q Then where did you go ?

A. To Elmira, New York.

Q. Have you been there ever since ?

A. I have.

Q. How long have you been cutter in this tailorshop ?

A. Thirteen years the 5th of last March.

Q. Did you sell this man that came that day anything ?

A. No, sir.

Q. Did you think he was a tailor, or did you tell anybody you thought so ?



Online LibraryJohn H. (John Harrison) SurrattTrial of John H. Surratt in the Criminal court for the District of Columbia, Hon. George P. Fisher presiding (Volume 2) → online text (page 1 of 93)