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A. No, sir; not to my knowledge.

Q. Perhaps I can recall to your mind. Do you remember anything about taking a photograph of Booth to this gentleman, Colonel Olcott?

A. No, sir; I did not.

Q. You did not at any time?

A. No, sir.

Q. You did not see anybody take it to him in your presence?

A. No, sir. There was an album there.

Mr. BRADLEY objected to this as having nothing to do with the case.

Mr. PIERREPONT said he merely asked the question to refresh the memory of the witness. Objection withdrawn.

Q. Have you any memory of such a fact as a portrait of Booth, a photograph of Booth, being given to this gentleman?

A. No, sir; I think they spoke of its being in the album.

Q. Did you see it taken out of a book or album or anything else?

A. No, sir.

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Mr. BRADLEY said he could not understand where this was leading.

Mr. PIERREPONT said he understood, and that he was not called on to reveal it to the counsel.

Q. At the time you saw this portrait of which you speak were you not examined?

A. No, sir; not to my knowledge.

Q. Could you have been examined and answered questions without your knowledge?

A. No, sir, I think not. There may have been some questions asked me. I do not remember whether there was or not.

Q. Do you remember whether you gave any answer?

A. No, sir; Miss Surratt, Miss Fitzpatrick, and myself were taken into a room at the provost marshal's office, leaving Mrs. Surratt alone with the officer. Q. Have you any memory as to what questions were asked you at either place?

A. No, sir; I do not remember.

Q. Do you remember whether an officer asked you questions and wrote down the answers?

A. I do not remember answering any questions, and I do not remember any questions being asked.

Q. You do remember being there?

A. Yes, sir; I remember being there.

Q. Tell the jury when you first went into that house to board.

A. I went there to visit in the latter part of March.

Q. What day in March?

A. I cannot remember.

Q. Can you tell about the day?

A. I think it was the last week in March.

Q. How long did you stay there?

A. I staid there until the night of the 17th of April, when I was taken to

the provost marshal's office.

Q. Did you go there as late as the 28th of March?

A. I do not know.

Q. It was the last week in March, then, and things that occurred prior to the last week in March you do not profess to give?

A. No, sir.

Q. Where were you prior to the time you went there?

A. I was at home in Prince George county.

Q. If you have spoken of anything in your evidence that occurred some ten days before the last week in March, it could not have been anything you saw; it must have been something you heard?

Question objected to by Mr. Merrick. He had not asked the witness about any occurrence before the last week in March.

Mr. PIERREPONT thought differently.

Mr. MERRICK said the first date he had inquired about was the one when the witness, with Mrs. Surratt, Miss Ward, Miss Fitzpatrick, and Weichmann went to church, and on their way back Mrs. Surratt stopped at the Herndon House. WITNESS. I did not say it was the 25th of March. I do not remember whether it was that day or not.

Mr. PIERREPONT. I now repeat my question. Anything that occurred prior to the last week in March, in Washington, do you or do you not acknowledge: knowing about?

Question objected to by Mr. Merrick.

Objection overruled by the court. The prosecution may prove that this witness came as late as the 29th or 30th of March.

Q. Now tell us whether you were at Mrs. Surratt's prior to the 28th of March.
A. Yes, sir; I think I was.

Q. What day were you there prior to that?
A. That I cannot remember.

Q. Were you there on the 27th?

A. Yes, sir; I must have been.
Q. Were you there on the 26th?
A. Yes, sir; I think I was.

Q. Were you there on the 25th?

A. I do not know whether I was or not.

Q. You say you were there on the 26th.
A. I do not know, sir.

What day of the week was that?

Q. What day of the week did you go to your aunt's?

A. I do not know. I do not remember.

Q. Do you remember what day of the month you came there?

A. No, sir; I do not remember the date.

Q. Anything that occurred in Washington prior to the time you came to live with your aunt you do not know of yourself, do you?

A. No, sir.

Q. Did you come on Sunday?

A. No, sir; I did not come on Sunday-I do not think.

Q. Did you know the 26th was Sunday? Did you come on Monday?

A. I do not know what day of the week I came.

Q. You know you did not come on Sunday?

A. No, sir; I do not think I came on Sunday.

DAVID BARRY, residence Prince George's county, Maryland, sworn and examined.

By Mr. BRADLEY:

Q. How are you at present employed?

A. I am at present an officer in the State Constitutional Convention, at Annapolis.

Q. You were in the late civil conflict, I believe. On what side were you?
A. I was two years in the confederate army under General Lee, in Virginia.
Q. At what time did you return to Prince George's county?

A. I returned I think in November, 1862. In November or December, I am not sure.

Q. State how far from Surrattsville you reside.

A. About a mile and a half.

Q. Were you at Surrattsville on the 25th of March, 1865?

A. I was.

Q. Now state whether you saw John Surratt there or not?

A. Yes, sir; I saw him.

Q. Who was with him?

A. I cannot say; when I first saw him he was alone. I afterwards saw him in company with a lady he called Mrs. Brown.

Q. Did you see Mrs. Surratt there?

A. I am in doubt whether I did or not. I rather think I did. I think in crossing the passage in her house I saw Mrs. Surratt in the passage.

Q. Proceed and state whether you, in company with John Surratt, went from that place anywhere else; and if so, where you went.

A. Yes, sir; I accompanied them to Port Tobacco.

Q. How long did you remain at Port Tobacco ?

A. I should like to say why I went to Port Tobacco. There was a man in Port Tobacco who belonged to the signal corps of the confederate army. I was anxious to see him in order to get information from two sons I had in General Lee's army. I understood from a man by the name of Howell, represented to be a blockade-runner, the day before Surratt came down, that he was at Port Tobacco. I mentioned it to Surratt, and asked him if he knew whether this man was there. He replied, "Yes." How he got his information I forget. He then offered me a seat in his carriage, remarking at the same time that it was somewhat doubtful whether he returned himself, but said if he did not return I could drive the carriage back; that he intended to see a lady he had in charge across the Potomac river, and if necessary, to Richmond.

Q. You staid all night at Port Tobacco ?

A. I did.

Q. Now state whether Surratt wrote any letter in your presence, and whether you brought it to this city.

A. Yes, sir; I think he did. (Exhibiting letter of the prisoner to Brooke Stabler relative to returning horses, dated March 26, 1865, heretofore placed in evidence.)

Q. State whether you brought back these horses, or whether anybody else did.

A. I brought them back.

Q. What did you do with them?

A. I delivered them to Howard's stable-I think it was; I do not recollect positively. Surratt mentioned Brooks; he described Brooks to me. I think he said he was lame.

Q. Before you went to the stables and returned these horses did you go to Mrs. Surratt's?

A. No, sir; I went immediately to the stable and delivered the horses.
Q. After that did you go to Mrs. Surratt's that evening?

A. I did, after tea, or after dark.

Q. State as well as you recollect who you found there.

A. I knocked at the door, and Miss Fitzpatrick came to the door. She showed me into a room occupied by Miss Surratt, Mrs. Surratt, and, I think, Miss Jenkins-at all events Miss Jenkins may not have been in the room, but I saw her while I was there. Mr. Weichmann and two other gentlemen were there, one of whom she introduced as Booth; the other she did not introduce. Q. Did you find out his name?

A. I heard him spoken of as Port Tobacco.

Q. You are quite sure that Booth and the man called Port Tobacco were there? Did these gentlemen remain some time after you were there?

A. No, sir; soon after I got there tea was announced. Mrs. Surratt invited me to tea, but as I had taken my tea I declined. Booth and Port Tobacco then left.

Q. You are quite sure that you met Weichmann with Booth and Port Tobacco at Mrs. Surratt's?

A. Quite sure. I talked with Weichmann, and exchanged a few words with Booth.

Q. Did you spend the evening at the house?

A. No; I did not remain long. I went there at the request of Surratt, to deliver a message to his mother.

Cross-examined, by Mr. PIERREPONT:

Q. Take that letter (letter exhibited to witness in direct examination) and look at its date.

A. Yes, sir; the letter is dated March 26, 1865.

Q. Can you tell the jury now the date when you came up here with these horses?

A. It was the 26th of March, 1865.

Q. Sunday?

A. Yes, sir; Sunday.

Q. They were gray horses?

A. Yes, sir; both gray horses.

Q. When you brought the horses you took that letter to the stable?

A. Yes, sir.

Q. And when you had done that you went to Mrs. Surratt's house?

A. Yes, sir; in the course of the evening.

Q. And at Mrs. Surratt's house you saw Weichmann?

A. Yes, sir; I saw him. I had seen him before.

Q. You spoke at the house of having brought back the horses?

A. Not in Weichmann's presence.

Q. Did you speak of it to anybody?

A. Yes, sir; to Mrs. Surratt.

Q. You saw Booth there?

A. I saw a person Mrs. Surratt introduced as Booth-a man she called Booth.

Q. That was on the evening of the 26th?

A. The same day this letter was dated. It was written in the morning. I delivered it in the evening.

Q. You saw another man they called Port Tobacco ?

A. They called him Port Tobacco after he left. He was not addressed as Port Tobacco in his presence.

Q. Where did you see Mrs. Surratt before you took these horses to bring up? A. I did not see Mrs. Surratt when I took these horses at Port Tobacco to bring up. Mrs. Surratt was not there. I saw her at Surrattsville, I think. I am not positive about it; my impression is that I saw her in the passage. Q. Now please state to the jury when you saw her in the passage. A. The day before, which was Saturday, the 25th of March.

Q. And then you saw a woman who John told you was Mrs. Brown?
A. Yes, sir.

Q. Where did you see her last?

A. In Port Tobacco.

Q. Who was with her?

A. John Surratt.

Q. What did John Surratt tell you he was going to do?

A. He told me he was either going to put her in safe hands to be taken to Richmond, or, if necessary, he would take her to Richmond himself. He sent this message to his mother: that if he did not cross the river he would be home the next day by the stage; that if he did cross the river, he would return as soon as he could.

Q. Who was the blockade runner you spoke of?

A. Howell was his name.

Q. Do you know his first name?

A. I think Augustus.

Q. Who told you who he was?

A. I have known him a long time.

Q. Did Surratt tell you about him?

A. He may have spoken to me about him. I knew him better than Surratt did. He had been a resident in that county for a long time.

Q. Was he with Surratt in Port Tobacco ?

A. O, no, sir; he was arrested the night before we got there.

Q. Who was the signal man you speak of?

A. Charles Keyworth; he was a lieutenant in the signal corps of General Lee's army.

Q. Did you find him?

A. No; he was not there. I heard where he was-about eight or ten miles from Port Tobacco, at a place called Newport.

Q. The last time you saw Surratt he was in Port Tobacco ?

A. Yes, sir; on the 26th of March.

Q. Describe this woman he called Mrs. Brown.

A. She was a rather slim, delicate woman. I think she had black eyes and dark hair. I do not recollect whether I saw her with her bonnet off. I think she wore her veil down nearly all the time. I saw her at the table.

Q. She was delicate in size?

A. I think so; that is my

recollection.

Q. What was her age, about?

A. I should say she was under thirty.

Q. The only way you know of her name being Mrs. Brown was from John Surratt?

A. That was all.

By Mr. BRADLEY:

Q. I understand you to be distinct in your recollection that Dr. Wyvell did not bring back these horses, and that you did?

A. I am very distinct in my recollection that he did not bring back the horses, and that I did.

Q. And you are quite sure that you met Atzerodt with Booth and Weichmann at Mrs. Surratt's?

A. Yes, sir; Port Tobacco. I did not hear him called Atzerodt.

By Mr. PIERREPONT:

Q. And you are equally sure of all the other things I have asked
A. I think I am.

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BENNETT F. GWYNN-residence Prince George's county, Maryland-sworn and examined.

By Mr. BRADLEY:

Q. You live in the neighborhood of Surrattsville?

A. Within about a mile.

Q. Did you know Mrs. Surratt in her lifetime?

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