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Henry J. (Henry Jarvis) Raymond.

Lincoln, his life and times : being the life and public services of Abraham Lincoln, sixteenth President of the United States, together with his state papers, including his speeches, addresses, messages, letters, and proclamations, and the closing scenes connected with his life and death (Volume 2) online

. (page 41 of 41)
Online LibraryHenry J. (Henry Jarvis) RaymondLincoln, his life and times : being the life and public services of Abraham Lincoln, sixteenth President of the United States, together with his state papers, including his speeches, addresses, messages, letters, and proclamations, and the closing scenes connected with his life and death (Volume 2) → online text (page 41 of 41)
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Lieutenant-General of the Army of the United States aforesaid, then
in command of the armies of the United States, under the direction
of the said Abraham Lincoln, and in pursuance of, and in prosecuting
said malicious, unlawful, and traitorous conspiracy aforesaid, and in
aid of said rebellion, afterwards, to wit: On the 14th day of April,
1865, within the military department of Washington aforesaid, and
within the fortified and intrenched lines of said military department,
together with said John Wilkes Booth and John H. Surratt, mali-
ciously, unlawfully, and traitorously murdering the said Abraham
Lincoln, then President of the United States, and Commander-in-
Chief of the Army and Navy of the United States, as aforesaid, and
maliciously, unlawfully, and traitorously assaulting, with intent to kill
and murder the said William H. Seward, then Secretary of State of
the United States as aforesaid, and lying in wait with intent, ma-
liciously, unlawfully, and traitorously, to kill and murder the said
Andrew Johnson, then being Vice-President of the United States,
and the said Ulysses S. Grant, then being Lieutenant-General and in
command of the armies of the United States aforesaid.

Specification ist. — In this that they, the said David E. Harold, Ed-
ward Spangler, Lewis Payne, John H, Surratt, Michael O'Laughlin,
Samuel Arnold, Mary E. Surratt, George A. Atzerodt, and Samuel
A, Mudd, incited and encouraged thereunto by Jefferson Davis,
George N. Saunders, Beverly Tucker, Jacob Thompson, William C.
Cleary, Clement C. Clay, George Harper, George Young, and oth-
ers unknown, citizens of the United States aforesaid, and who were
then engaged in armed rebellion against the United States of Amer-
ica, within the limits thereof, did, in aid of said armed rebellion, on
or before the 6th day of March, a. d. 1865, and on divers other days
and times between that day and the 15th day of April, a. d. 1865, com-
bine, confederate, and conspire together, at Washington City, within
the military department of Washington, and within the intrenched
fortifications and military lines of the said United States, there being,
unlawfully, maliciously, and traitorously, to kill and murder Abra-



STATE PAPERS OF ABRAHAM LINCOLN. 7371

ham Lincoln, then President of the United States aforesaid, and
Commander-in-Chief of the army and navy thereof, and unlawfully,
maliciously, and traitorously, to kill and murder Andrew Johnson,
now Vice-President of the said United States, upon whom, on the
death of the said Abraham Lincoln, after the 4th day of March, a. d.
1865, the office of President of the said United States, and the Com-
mander-in-Chief of the army and navy thereof, would devolve, and
to unlawfully, maliciously, and traitorously kill and murder Ulysses
S. Grant, then lieutenant-general, and under the direction of the
said Abraham Lincoln, in command of the armies of the United
States aforesaid, and lawfully, maliciously, and traitorously to kill
and murder William H. Seward, then Secretary of State of the
United States aforesaid, whose duty it was by law, upon the death
of said President and Vice-President of the United States aforesaid,
to cause an election to be held for electors of President of the United
States; the conspirators aforesaid designing and intending by the
killing and murder of the said Abraham Lincoln, Andrew Johnson.
Ulysses S. Grant, and William H. Seward as aforesaid, to deprive
the army and navy of the said United States of a constitutional com-
mander-in-Chief, and to deprive the armies of the United States of
their lawful commander, and to prevent a lawful election of Presi-
dent and Vice-President of the United States, aforesaid; and by the
means aforesaid to aid and comfort the insurgents engaged in armed
rebellion against the said United States as aforesaid, and thereby aid
in the subversion and overthrow of the Constitution and the laws
of the United States; and being so combined, confederated, and con-
spiring together in the prosecution of said unlawful and traitorous
conspiracy on the night of the 14th day of April, a. d, 1865, at the
hour of about ten o'clock and fifteen minutes p. m., at Ford's Thea-
tre, on Tenth Street, in the City of Washington, and within the mili-
tary department and military lines aforesaid, John Wilkes Booth,
one of the conspirators aforesaid, in pursuance of said unlawful and
traitorous conspiracy, did then and there, unlawfully, maliciously,
and traitorously, and with intent to kill and murder the said Abra-
ham Lincoln, discharge a pistol then held in the hands of him the
said Booth, the same being then loaded with powder and leaden ball,
against and upon the left and posterior side of the head of the said
Abraham Lincoln, and did thereby then and there inflict upon him,
the said Abraham Lincoln, then President of the said United States,
and Commander-in-Chief of the army and navy thereof, a mortal
wound, whereof afterwards, to wit: on the 15th day of April, a. d.
1865, at Washington City aforesaid, the said Abraham Lincoln died,
and thereby then and there, and in pursuance of said conspiracy the
said defendants and the said John Wilkes Booth did unlawfully,
traitorously, and maliciously, with the intent to aid the rebellion, as
aforesaid, kill and murder the said Abraham Lincoln, President of
the United States, as aforesaid, and in further prosecution of the
unlawful and traitorous conspiracy aforesaid, and of the murderous
and traitorous intent of said conspiracy, the said Edward Spangler,
on the said 14th day of April, a. d. 1865, at about the same hour of
that day, as aforesaid, within said military department and the mili-



738 THE LIFE, PUBLIC SERVICES, AND

tary lines aforesaid, did aid and assist the said John Wilkes Booth
to obtain an entrance to the box in the said theatre in which the
said Abraham Lincoln was sitting at the time he was assaulted and
shot as aforesaid by John Wilkes Booth; and also did then and there
aid said Booth in barring and obstructing the door of the box of
said theatre so as to hinder and prevent any assistance to or rescue
of the said Abraham Lincoln, against the murderous assault of the
said John Wilkes Booth, and did aid and abet him in making his
escape 'after the said Abraham Lincoln had been murdered in the
manner aforesaid : and in further prosecution of said unlawful, mur-
derous, and traitorous conspiracy, and in pursuance thereof, and with
the intent as aforesaid, the said David E. Harold did, on the 14th of
April, a. d. 1865, within the military department and military lines
aforesaid, aid and abet, and assist the said John Wilkes Booth
in the killing and murder of the said Abraham Lincoln, and did then
and there aid and abet and assist him, the said John Wilkes Booth,
in attempting to escape through the military lines aforesaid, and
did accompany and assist the said John Wilkes Booth in attempt-
ing to conceal himself and escape from justice after killing and mur-
dering the said Abraham Lincoln aforesaid: and in further prosecu-
tion of said unlawful and traitorous conspiracy and of the intent
thereof as aforesaid, the said Lewis Payne did on the same night
of the 14th day of April, 1865, about the same hour of ten o'clock,
fifteen minutes p. m., at the City of Washington, and within the
military department and the military lines aforesaid, unlawfully and
maliciously make an assault upon the said William H. Seward, Sec-
retary of State as aforesaid, in the dwelling-house and bed-chamber
of him, the said William H. Seward, and the said Payne did then
and there, with a large knife held in his hand, unlawfully, traitorously,
and in pursuance of said conspiracy, strike, stab, cut, and attempt
to kill and murder the said William H. Seward, and did thereby then
and there and with the intent aforesaid, with said knife, inflict upon
the face and throat of said William H. Seward divers grievous
wounds; and said Lewis Payne, in further prosecution of said con-
spiracy, at the same time and place last aforesaid, did attempt, with
the knife aforesaid, and a pistol, held in his hand, to kill and mur-
der Frederick W. Seward, Augustus H. Seward, Emrick W. Hansel,
and George F. Robinson, who were then striving to protect and res-
cue the said William H. Seward from being murdered by the said
Lewis Payne, and did then and there, with the said knife and pistols
held in his hands, inflict upon the' head of said Frederick W. Seward,
and upon the persons of said Augustus H. Seward, Emrick W. Han-
sel, and George F. Robinson, divers grievous and dangerous wounds,
with intent then and there to kill and murder the said Frederick W.
Seward, Augustus H. Seward, Emrick W. Hansel, and George F.
Robinson.

And in further prosecution of said conspiracy, and its traitorous
and murderous designs, the said George A. Atzerodt did, on the
night of the 14th of April, a. d. 1865. and about the same hour afore-
said, within the military department and the military lines aforesaid,
lie in wait for Andrew Johnson, then Vice-President of the United



STATE PAPERS OF ABRAHAM LINCOLN. 739

States, aforesaid, with the intent unlawfully and maliciously to kill
and murder him, the said Andrew Johnson. §

And in the further prosecution of the conspiracy aforesaid, and
of its murderous and treasonable purpose aforesaid, on the nights
of the 13th and 14th of April, a. d. 1865, at Washington City, and
within the military department and military lines aforesaid, the said
Michael O'Laughlin did then and there lie in wait for Ulysses S.
Grant, then Lieutenant-General and Commander of the armies of the
United States as aforesaid, with intent then and there to kill and
murder the said Ulysses S. Grant.

And in the further prosecution of said conspiracy, the said Samuel
Arnold did, within the military department and military lines afore-
said, on or- before the 6th day of March, a. d. 1865, and on divers
other days and times between that day and the 15th day of April,
a d 1865, combine, conspire with, and counsel, abet, comfort, and
support the said John Wilkes Booth, Lewis Payne, George A. At-
zerodt, Michael O'Laughlin, and their confederates in said unlawful,
murderous, and traitorous conspiracy, and in the execution thereof
as aforesaid.

And, in further prosecution of the said conspiracy, Alary E. Surratt
did at Washington City, and within the military department, and the
military lines aforesaid, on or before the 6th day of March, A. d. 1865,
and on divers other days and times between that day and the 20th of
April, a. d. 1865, receive, entertain, harbor and conceal, aid and as-
sist the said John Wilkes Booth, David E. Harold, Lewis Payne,
John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Samuel
Arnold, and their confederates, with knowledge of the murderous
and traitorous conspiracy aforesaid, and with intent to aid, abet, and
assist them in the execution thereof, and in escaping from justice
after the murder of the said Abraham Lincoln, as aforesaid; and in
further prosecution of said conspiracy, the said Samuel A. Mudd did.
at Washington City, and within the military department and military
lines aforesaid, on or before the 6th day of March, a. d. 1865, and on
divers other days and times between that day and the 20th day of
April, a. d. 1865, advise, encourage, receive, entertain, harbor, and
conceal, aid, and assist the said John Wilkes Booth, David E. Harold.
Lewis Payne, John H. Surratt, Michael O'Laughlin, George A. At-
zerodt, Mary E. Surratt, and Samuel Arnold, and their confederates,
with knowledge of the murderous and traitorous conspiracy aforesaid,
and with intent to aid, abet, and assist them in the execution thereof,
and in escaping from justice after the murder of the said Abraham
Lincoln, in pursuance of said conspiracy in manner aforesaid.

By order of the President of the United States.

J. Holt, Judge-Advocate-General.

the finding of the court.

War Department, Adjutant- General's Office,
Washington, July 5, 1865.
To Major-General W. S. Hancock. U. S. Volunteers, commanding
Middle Military Division, Washington, D. C. :
Whereas. By the Military Commission appointed in paragraph 4.



740 THE LIFE, PUBLIC SERVICES, AND

Special Orders 211, dated War Department, Adjutant-General's office,
May 6, 1865, and of which Major-General David Hunter, United
States Volunteers, is President, the following persons were tried and
sentenced as hereinafter stated, as follows: —

First. — David E. Harold.

Finding. — Of the specification "Guilty," except combining, con-
federating, and conspiring with Edward Spangler, as to which part
thereof "Not Guilty." Of the charge "Guilty," except the words of
the charge that "he combined, confederated, and conspired with
Edward Spangler," as to which part of the charge "Not Guilty."

Sentence. — And the Commission therefore sentence him, the said
David E. Harold, to be hanged by the neck until he is dead, at such
time and place as the President of the United States shall direct,
two-thirds of the members of the Commission concurring therein.

Second. — George A. Atzerodt.

Finding. — Of the specification "Guilty," except combining, confed-
erating, and conspiring with Edward Spangler. Of this "Not Guilty."

Sentence. — And the Commission does therefore sentence him, the
said George A. Atzerodt, to be hanged by the neck until he is dead,
at such time and place as the President of the United States shall
direct, two-thirds of the members of the Commission concurring
therein.

Third. — Lewis Payne.

Finding. — Of the specification "Guilty," except combining, confed-
erating, and conspiring with Edward Spangler. Of this not guilty.
Of the charge "Guilty," except combining, confederating, and conspir-
ing with Edward Spangler. Of this not guilty.

Sentence. — And the Commission does, therefore, sentence him, the
said Lewis Payne, to be hanged by the neck until he be dead, at such
time and place as the President of the United States shall direct;
two-thirds of the members of the Commission concurring therein.

Fourth. — Mary E. Surratt.

Finding. — Of the specification "Guilty," except as to the receiving,
entertaining, harboring, and concealing Samuel Arnold and Michael
O'Laughlin, and, except as to combining, confederating, and con-
spiring with Edward Spangler. Of this not guilty." Of the charge
"Guilty," except as to combining, confederating, and conspiring with
Edward Spangler. Of this not guilty.

Sentence. — And the Commission does therefore sentence her, the
said Mary E. Surratt, to be hanged by the neck until she be dead, at
such time and place at the President of the United States shall direct,
two-thirds of the members of the Commission concurring therein;
and

Whereas, The President of the United States has approved the
foregoing sentences in the following order, to wit:—

_. . Executive Mansion", Tulv 5, 1885.

I he foregoing sentences in the cases of David E. Harold, George
E. Atzerodt, > Lewis Payne, and Mary E. Surratt. are hereby ap-
proved ; and it is ordered that the sentence in the cases of David E.
Harold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, be
carried into execution by the proper military authority, under the



STATE PAPERS OF ABRAHAM LINCOLN. 741

direction of the Secretary of War, on the 7th day of July, 1865,
between the hours of 10 o'clock a. m. and 2 o'clock p. m. of that day.

Andrew Johnson, President.

Therefore, You are hereby commanded to cause the foregoing sen-
tences in the cases of David E. Harold, G. A. Atzerodt, Lewis Payne,
and Mary E. Surratt, to be duly executed in accordance with the
President's order.

By command of the President of the United States.

E. D. Townsend, Assistant Adjutant-General.

In the remaining cases of O'Laughlin, Spangler, Arnold, and Mudd,
the findings and sentences are as follows: —

Fifth.— Michael O'Laughlin.

Finding. — Of the specification "Guilty," except the words thereof
as follows: "And in the further prosecution of the conspiracy afore-
said, and its murderous and treasonable purposes aforesaid, on the
nights of the 13th and 14th of April, a. d. 1865, at Washington City,
and within the military department and military lines aforesaid, the
said Michael O'Laughlin did then and there lie in wait for Ulysses S.
Grant, then Lieutenant-General and Commander of the Armies of
the United States, with intent then and there to kill and murder the
said Ulysses S. Grant." Of said words, "Not Guilty," and except
"combining, confederating, and conspiring with Edward Spangler."
Of this not guilty. Of the charge "Guilty," except combining, con-
federating, and conspiring with Edward Spangler. Of this not
guilty.

Sentence. — The Commission sentence Michael O'Laughlin to be
imprisoned at hard labor for life.

Sixth. — Edward Spangler.

Finding. — Of the specification, "Not Guilty," except as to the
words, "the said Edward Spangler, on said 14th day of April, a. d.
1865, at about the same hour of that day as aforesaid, within said
military department and the military lines aforesaid, did aid and abet
him," meaning John Wilkes Booth, "in making his escape, after the
said Abraham Lincoln had been murdered in the manner aforesaid,"
and of these words, "Guilty." Of the charge, not guilty, but guilty
of having feloniously and traitorously aided and abetted John Wilkes
Booth in making his escape after having killed and murdered Abra-
ham Lincoln. President of the United States — he, the said Edward
Spangler, at the time of aiding and abetting as aforesaid, well know-
ing that the said. Abraham Lincoln ; President as aforesaid, had been
murdered by the said John Wilkes Booth as aforesaid.

The Commission sentenced Spangler to be confined at hard labor
for six years.

Seventh. — Samuel Arnold. Of the specifications —

Guilty — Except combining, confederating, and conspiring with
Edward Spangler; of this, not guilty.

Of the charge —

Guilty — Except combining, confederating, and conspiring with
Edward Spangler; of this, not guilty.



742 THE LTFE, PUBLIC SERVICES, AND

The Commission sentence him to imprisonment at hard labor for
life.

Eighth. — Samuel A. Mudd. Of the specification — x
Guilty — Except combining, confederating, and conspiring with Ed-
ward Spangler; of this not guilty; and excepting receiving and enter-
taining, and harboring and concealing said Lewis Payne, John H.
Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt,
and Samuel Arnold; of this, not guilty. Of the charge "Guilty,"
except combining, confederating, and conspiring with Edward
Spangler; of this, not guilty.

Sentence. — The Commission sentenced Dr. Mudd to be imprisoned
at hard labor for life.
The President's order in these cases is as follows : —
It is further ordered that the prisoners, Samuel Arnold, Samuel A.
Mudd, Edward Spangler, and Michael O'Laughlin, be confined at
hard labor in the penitentiary at Albany, New York, during the per-
iod designated in their respective sentences.

Andrew Johnson, President.

The sentences were duly executed, except the Dry Tortugas was
substituted for the Albany Penitentiary, for the imprisonment of
Arnold, Mudd, Spangler, and O'Laughlin.



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Online LibraryHenry J. (Henry Jarvis) RaymondLincoln, his life and times : being the life and public services of Abraham Lincoln, sixteenth President of the United States, together with his state papers, including his speeches, addresses, messages, letters, and proclamations, and the closing scenes connected with his life and death (Volume 2) → online text (page 41 of 41)