Q. Did you tell Mr. Knapp that you knew on what day you saw him, from the fact of knowing from the books at what day one of the partners was in New York?

A. It may be that I did not know at that time.

Q. Did you tell him that you did know the day, from that fact?

A. I knew the date Mr. Üfford went to New York, and of course I could not state any other date.

Q. Did you tell Mr. Ufford so?

A. I think not.

Q. Did you tell Mr. Ufford it was on the 12th or 13th?

A. It may be, but I know very well from our books what the dates were? Q. Didn't you tell Mr Ufford that it was on the 13th, and that you knew it from the fact of the time the partner of the house was absent ?

A. I do not know that I remember distinctly.

Q. What date did you tell the deputy marshal, Mr. Covell, he was in your store ?

A. After consulting the books I could not have told him other than are mentioned there.

A. I do not know; but if I did, I could not have told him any other date than that in the books.

Q. Did you tell him anything about it?

A. O, he spoke to me about it, saying that I had said to Mr. Knapp that it was on the 12th.

Q. What did you tell him?

A. I could not have fixed any date other than that on our books.

Q. I ask you what you told him?

A. Do you suppose I am obliged to give everything I say to a person without; being as I am now ?

Q. What is the matter with you now?

A. I am placed on oath, and I understand my position very well.

Q. Did you tell him a different thing before you were on oath?

A. (With great empha is :) No, sir.

Q. Then we do not understand what

you mean.

A. Then you and I are just alike, because I do not really understand you. Q. Did you tell the deputy marshal anything about the time you saw the man come into the store? Do you understand?

A. Yes, sir; anything in the English language, I understand, I think.

Q. Will you answer the question, then?

A. I could not have fixed the date any other than I have done.

Q. Do you think that is an answer to my question?

The COURT. If you recollect, you can say so, and if you do not, you can say so. You must answer "yes" or "no."

Mr. PIERREPONT. I will repeat.

Q. Did you say anything to the deputy marshal about the date at which the man came into your store?

A. I do not remember distinctly.

Q. Do you remember at all whether you did?

A. Well, he came in very hurriedly, and asked me if I was going to Washington; said he, I would like to know the time, and see if we cannot go together. We might have had some conversation relative to the matter, but as to the date, I do not know that I remember distinctly.

Q. What conversation did you have relative to the matter?

A. He told me that he supposed he would have to go to Washington, and if 80, he would like to go when we did, as it would be much more pleasant, and more comfortable.

Q. Did store?

you then tell him what the date was when the man came into your

A. I might have; but I could not have told him accurately, without consulting our books.

Q. Did you tell him inaccurately?

A. I do not distinctly remember.

Q. Did you

tell him that it was on the 13th?

A. I know the first time was on the afternoon of the 13th.

Q. Was that what you told him?

A. I cannot distinctly remember.

Q. What did you tell him, is what I am asking you?

A. So many persons ask questions about that time, that it would be almost impossible for me to remember.

Q. Did you tell Mr. Knapp what time he came in?

A. I do not distinctly remember.

Q. Did you tell the deputy marshal, or Mr. Knapp, that the man who came into the store was in your opinion a tailor?

A. I did not.

Q. Neither of them?

A. No, sir.

Q. Did you tell them that the man said he was a tailor?

A. I did not.

Q. Did you say anything to either of them on the subject of the man being a tailor?

A. I did not.

Q. Did you tell either of these gentlemen that he came in on the 14th?

A. If I told them anything at all. I said the 13th or 14th.

Q. Did you tell them anything about the day on which he came into your store? If so, what was it?

A. I do not distinctly remember.

Q. Do you remember indistinctly?

A. I was very busily engaged at the time the marshal came in, and I do not remember distinctly.

Q Do you know Colonel Foster?

A. I do not.

Q. Do you know a man named Roberts, a detective?

A. I do not.

Q. Did you talk with two men who came to see you together awhile ago? A. I do not remember of speaking to any persons particularly.

Q. Do you remember speaking to any persons since the trial commenced, in relation to the date you saw the man you call Surratt at your place-one, Mr. Roberts, and the other, Colonel Foster?

A. I do not know any person named Mr. Roberts, or Colonel Foster.

Q. Do you remember any two persons coming and talking with you since the trial commenced, who were not living in your place?

A. I do not remember.

Q. Is it your best memory that nobody-strangers-did talk with you?

A. I do not know anything about it.

Q. Do you easily remember the faces of people that you have held some conversation with?

A. I think I do.

By Mr. BRADLEY:

Q. Did these parties, Knapp and Covell, understand that you moned here as a witness by the defence?

A. Yes, sir.

Q. Knowing that, they came and talked with you about it?

had been sum

A. They came and talked with me about it. I do not know whether it was knowingly or not, but I presume it was.

Q. They understood you were coming here as a witness for the defence? A. Yes, sir, of course, or otherwise they would not have asked these questions. Q. With that knowledge, they came to you and had that conversation? A I cannot say whether it was knowingly or not. It was a small town, and every person knows the other person's business, and I suppose they knew. Q. Did any of these gentlemen who called on you represent that they came on the part of the defendant?

A. Those gentlemen that I spoke to were for the prosecution, as I understood it. They were summoned here, but of course I knew nothing as to why they were summoned.

By Mr. PIERREPONT:

Q. Then you did understand that those two who came were for the prosecution?

A. I knew they were summoned here.

Q. Have you taken any interest in this trial?

A. Not particularly.

Q. Did you in any of the former trials of the conspirators ?

A. I did not.

Q. Did you express any sentiments about the war while it was going on? A. I did not.

Q. You did not take either side?

A. I do not know that I made an expression on either side.

Q. You did not care?

A. Yes I did.

I wished the success of the Union, of course, because I had a

son in the Union army.

Q. That was the reason?

A. I was interested in where I resided, as I suppose all men are, are they

not?

Q. Who was with him; do you remember?

A. I did not know your son at the time; I was sent for to Mr. Robinson's office.

Q. Is not Mr. Robinson of the highest character in the profession there? (Objected to by Mr. Pierrepont.)

By Mr. MERRICK:

Q. At the time Mr. Bradley called upon you and before you consulted your books, was it not impossible for you to fix the date at which you saw the man ? A. Of course it would have been impossible.

Q. The only way you could find the date was by your books?

A. Yes, sir.

Q. When did you first examine your books for the purpose of ascertaining the date?

A. I asked the bookkeeper to see what those dates were.

Q. How long before you came on?

A. I could not remember distinctly.

Q. Since last March?

A. Yes, sir, of course.

Q. Not long before you came on here the first time?

A. Not long.

The court here took a recess until 10 o'clock to-morrow (Saturday) morning.

Q. Do you know Mr. Roberts?

A. I was shown a man this morning; I do not know whether his name is Roberts or not. I saw the same man yesterday afternoon.

Q. When before that did you see him!

A. I saw a man walking with Mr. Covell who they said was Roberts; I did not see his face.

Q. Where was it!

A. At Elmira, New York.

Q. Did you talk with him?

A. No, sir.

Q. Did you talk with him anywhere?

A. I did not, I think.

Q. Did you have any conversation with Mr. Knapp, at Elmira !

A. Yes, sir.

Q. When?

A. It was before I came down here the first time.

Q. How long ago?

A. About three weeks ago; I do not exactly remember the time.

Q. Was Roberts with him !

A. I did not see him with him; I do not remember.

Q. If he had been right by his side looking at you and talking with you, you would have remembered!

A. I was busy cutting in the rear room of the store; he may have had some person in the front store without my noticing him. I do not remember seeing Mr. Roberts.

Q. Did you say anything to Mr. Knapp about what you could testify to! A. I talked with him some a out the matter.

Q. Tell the jury what you said.

A. I do not know that I can remember the precise words.

I was going down on the Surratt case: I wid him I was.

He asked me if

I

think he asked if

I could identity the man: I told him if the man locked like the person I had

in my mind. I thought I ecall identify him.

Q. Was Roberts present when you sabi this?

A. I do not remember seeing Roberts at all

Q. Did you say anything to him about this man being a tailor!

A. No, sir; never.

Q. Did you give him any answer as connected with his being a tailor or your being a tailor? Did you give that as a reason for remembering him?

A. I gave him no such answer. I gave him no reason to think that man was a tailor, because I did not think he was.

Q. Did you tell him how you came to talk with him?

A. I said like this-that in my business I talked very freely with customers. Q. Did you say that man told you he was a tailor?

A. No, sir.

Q. Did the man tell you he was in the same business as yourself?

A. He did not.

Q. Did you tell Mr. Knapp so in the presence of Roberts?

A. No, sir.

Q. Did you tell Knapp in the presence of Roberts, when you had seen him?

A. I think I might have told him.

Q. When did you tell him you had seen him?

A. I remember I got the dates from Ufford's being in New York.

Q. What did you state to Mr. Knapp about the date when you saw that man who you thought might be the prisoner? When did you tell him you saw him?

A. I think I told him the 13th and 14th of April.

Q. Did you tell him you saw him the 14th?

A. I think I did.

Q. Cannot you remember whether you did or not?

A. I think I did; there were so many questions asked and so many persons interested about that time that I may be mistaken.

Q. Cannot you tell whether you said you saw him on the 14th?

A. I think I said the 13th and 14th.

Q. Do not you think you told him the 12th and 13th?

A. I do not think I did.

Q. What do you say about that?

A. I do not remember.

Q. They were asking you a great many questions, and very particular about the date; were they not?

A. I do not know.

Q. Did not they seem to be very particular on that point?

A. They did not appear to me to be very particular.

Q. Are you particular in your memory about it? Can you remember what you told him?

A. I do not remember telling him 12th and 13th.

Q. Did you tell him it was the 12th?

A. I do not remember that I did.

Q. Did you tell him it was the 13th?

A. From the time I got the date I could not have told him otherwise.

Q. Did you tell him it was the 13th ?

(Question objected to by Mr. Merrick as having already been answered. The court said the witness might be asked about each date separately.) Q. Do you remember you told him it was the 14th at all.

A. If my memory serves me, I think I did.

Q. Is it the best of your recollection that you did!

A. My best recollection is that I did; I think I told him it was the 13th and 14th.

Q. Did you tell Mr. Covell when it was?

A. I think I did.

Q. Where?

A. After he returned from Washington to Elmira. I was speaking to Mr.