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A. I did.

Q. Do you recollect of seeing Mrs. Surratt at Surattsville on the 11th and on the 14th of April, 1865?

A. I recollect seeing her on the 14th.

Q. Was she at your house on the 11th?

A. She was at my house on the Tuesday preceding the 14th.

Q. Who was with her?

A. Mr. Weichmann.

Q. State whether she was there on business or not?

A. Yes, sir; she was there relative to the purchase of some land by a man by the name of Nothey, from her husband in his lifetime. I was a party to the transaction and the business was settled through me. She held the note of Mr. Nothey, who had been up there to see her, and wanted her to appoint a time. Mr. PIERREPONT. Never mind that.

Q. Did you see Mr. Nothey relative to that business?

A. Yes, sir.

Q. Was anything done towards the settlement of that business that day? A. No, sir.

Q. You may state whether or not the debt had been long due?

A. Yes, sir; it had been due for several years.

Mr. BRADLEY produced a letter signed George H. Calvert, jr., stating that he himself could identify the handwriting.

Mr. PIERREPONT said he would stipulate as to the handwriting, but objected to the introduction of the letter, as having nothing to do with this issue.

Mr. BRADLEY supposed it was competent to show the business that Mrs. Surratt went to Surrattsville on on the 11th and 14th of April, and that it was legitimate business.

The COURT said it had already been shown that she had business with Mr. Nothey when she went there, and that it was unnecessary to go into the details of it.

Mr. BRADLEY said he desired to show what the business was, and for that he offered in evidence the letter from Mr. Calvert.

purpose

Mr. PIERREPONT said if the counsel would state that the object of introducing the letter was to disprove anything the government had offered, he would not object.

Mr. BRADLEY replied, that was not his object.

The COURT decided not to admit the letter in evidence.

Mr. BRADLEY reserved an exception to the ruling on the part of the defence. Q. Did you see Mrs. Surratt there on the 14th of April?

A. Yes, sir.

Q. At what time in the day?

A. About five or half past five in the afternoon.

Q. Had you been to Marlboro'?

A. I had been to Marlboro', our county town, to attend court.

Q. State where you saw her at Surrattsville that afternoon, and what she was doing.

A. When I was passing, Mr. Jenkins I think it was, called to me, and said his sister was there and wanted to see me; I did not know she was there until he called to me. I drove my buggy to a position in the front part of the house and got out; I saw her buggy at the door.

Q. Was anybody in it?

A. No, sir; not at that time. She said to me she had started to come to my house.

Mr. PIERREPONT. You need not tell what she said.

Q. Was Mr. Weichmann present at that time?

A. Yes, sir.

Mr. PIERREPONT said he had not called out that conversation in Mr. Weichmann's examination, and objected to its being called out by this witness.

Mr. BRADLEY said he proposed to give Mrs. Surratt's actions and sayings as had been done on the side of the prosecution.

(Objection sustained and exception reserved to ruling.)

Q. You say she came out and had some conversation with you. Did you see her get into the buggy?

A. Not then.

Q. Did you see her go to the buggy?

A. I did; I went to the buggy to help her get in, when I called her atttention to the fact that the buggy was not safe.

Q. Was anybody in the buggy then?

A. No, sir.

Q. You stopped her from getting in?

A. I did; I told her it was not safe; I called her attention to it as being dangerous.

Q. Then what further did you do?

A. I saw Mr. Nott crossing from the other side; he was, I think, the barkeeper; I asked him if he could not get a piece of a rope, saying that Mrs. Surrat'ts buggy was broken; that it was not safe to go home in. He said he would and went off to get a rope. I then called Mr. Weichmann's attention to it, and explained to him how it could be tied to make it safe. I then said to Mrs. Surratt that my wife had been very sick; that I had been away from home all day, bade her good evening and left.

Q. What part of the buggy was broken?

A. It is what is called the fifth wheel.

Q. It was you who called her attention to the broken buggy; it was you who directed Mr. Nott to get the rope, and you who showed Mr. Weichmann how to tie it up?

A. I did.

Q. Did you see John M. Lloyd there?

A. I did not; I did not go through the public part of the house at all.

Q. You think this was about half-past five o'clock?

A. I think it was about that time.

Q. You knew Mr. Weichmann?

A. Yes, sir; I had a slight acquaintance with him.

Q. Has he ever been at your house?

A. He was there, I think, on one occasion.

Q. More than once?

A. Not until he came down with Mrs. Surratt.

Q. He was there once before?

A. Yes, sir.

Q. In the course of that visit of Mr. Weichmann, did he say anything about furnishing information to the confederates about the condition of the Union army, or the confederate prisoners?

(Question objected to.)

Mr. BRADLEY said his object was to show the intimate relations with those parties and to connect him with an active interest in everything that was going on in relation to Mrs. Surratt's house and the people who visited there, for the purpose of showing that interest in the witness Weichmann, which would induce him to testify against others in order to escape himself.

(Objection sustained.)

Cross-examined by Mr. PIERREPONT :

Q. You were not in the confederate service, were you?

A. No, sir.

Q. You have been called Captain Gwynn; what were you captain of?

A. I was commissioned by Governor Hicks as a captain of a volunteer company of cavalry.

Q. When were you commissioned ?

A. I really do not know whether it was in 1859 or 1860. In 1860, I think.

Q. Where did you see Mrs. Surratt the day of the murder?

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Q. Were any guns secreted between the rafters in that house while you were there, to your knowledge?

(Question objected to by Mr. Bradley and objection sustained.)

Q. Did you have anything to do with the escape of Booth on the night of the murder.

A. I did not, indeed.

Q. Had you anything to do with any plan to interrupt Mr. Lincoln when coming from Annapolis ?

A. No, sir.

Q. You had nothing to do with any such plan?

Mr. BRADLEY. Mr. Lincoln coming from Annapolis to Washington, when? Mr. PIERREPONT. Any time.

A. No, sir.

Q. Which side did you take in the war?

A. I did not take either side particularly; I had a substitute here in the Union army.

Q. Which side did you sympathize with during the war?

A. I sometimes sympathized with the southern people who were oppressed, and sometimes with the other side. Anything that was not right I was opposed to.

Q. You state that you bade Mrs. Surratt good-night after you had told Mr. Weichman how to mend the buggy; did you stay to see it mended?

A. No, sir.

By Mr. BRADLEY:

Q. You have been asked whether you assisted Booth to escape, and various other questions affecting your character as a citizen; I wish to ask you if you were a secessionist or took any part in secession, or against the United States? A. I did not.

By Mr. PIERREpont:

Q. In what you stated about your sympathies you understood my question? A. Yes, sir.

By Mr. BRADLEY :

Q. Do I understand your answer to that question to be that you sometimes sympathized with the North and sometimes with the South in their distress ? A. Yes, sir.

Q. Had you anything to do in aid of blockade-running against the laws of the United States ?

A. I had not.

Q. You did not assist in it?

A. I did not.

Q. Have you ever heard your character or position questioned by anybody? (Question objected to by Mr. Pierrepont and objection sustained.)

Q. Were you in the habit of coming to Washington almost daily during that period!

A. I came frequently.

Q. Did you ever see any pickets at the blacksmith shop, three miles beyond Good Hope!

A. I did not; I never saw them beyond the District line.

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Q. Was any one sitting in the buggy at the time you called Mrs. Surratt's attention to the fact that it was not safe.

A. No one.

By the COURT:

Q. Where was Mr. Weichmann when you called Mrs. Surratt's attention to it ?

A. Mr. Weichmann was standing by her side.

Q. How far from the buggy?

A. I suppose, two or three feet.

J. Z. JENKINS Sworn and examined.

By Mr. BRADLEY:

Q. Did you meet your sister, Mrs. Surratt. at Surrattsville the day before the assassination of the President?

A. Yes, sir; I was there.

Q. State for what purpose you were there with her.

A. I was there when she and Mr. Weichmann came. She showed me a letter she had received from Mr. Calvert.

Q. Was Mr. Nothey there!

A. No, sir.

Q. State whether Mr. Nothey was expected there, and whether she waited for him.

A. That I do not know.

Q. What was the nature of her business there!

A. Her business was with Mr. Nichey. She wrote a letter, or got Mr. Weichmann to write one for her, for Captain Gwynn to show to Mr. Nothey; she likewise had two judgments which Mr. Calvert had socained against her husband, the late John H. Surran. I made the interest on these judgmen's out for her. Q. Did you make any calculation of interest on the Nichey debt! A. I remember whether I Ed or not, so far as that was concerned.

Q Duid she leave before you did, or Ed you leave frst!

A. Sae left before I do."

Q. Did you know anything about the breaking of the spring of that boggy! A. I Ed 206.

Q. A: has me were you in the habit of coming to wown fequendy!

A. Not very frequency.

Cross-examined by Mr. Pr8835PUNT:

Q. M. Wehmann wrote the letter to M. Nicher, Biù be’
Ai hins be id

Q. Please il ne jury where X. Sother Ived.

A. He lived three or four miles from Surrattsville, in the direction of Piscat

away.

The court at this point took a recess for half an hour.

AFTERNOON SESSION.

BERNARD J. EARLY sworn and examined.

By Mr. BRADLEY:

Q. State if you knew Mr. Michael O'Laughlin, who was tried by the military commission at the arsenal.

A. Yes, sir.

Q. State whether you saw him on the morning of Friday, the day on which the President was murdered.

A. Yes, sir.

Q. State where he was that morning from seven o'clock, until ten or eleven. A. After seven o'clock that morning I first saw him at the Metropolitan Hotel.

Q. Did you see him as early as seven, or afterwards?

A. After seven, I should judge, for we had left orders the previous evening to have us waked at seven o'clock.

Q. You were called, and what then happened?

A. We were called at 7 o'clock, but we didn't get up immediately, but about a quarter of an hour afterwards, and came out of the room.

Q. Fully dressed?

A. Yes, sir; with the exception of our hair, which had not been combed. I then looked through the key-hole into O'Laughlin's room, which was immeditely adjoining ours, and saw him laying on the bed, still asleep; I rapped at the door, and told him to get up, and meet us down stairs. Mr. Murphy, Mr. Henderson, and myself then went down stairs into the saloon and had a drink. We went from there to the shaving saloon, and were sitting in there when Mr. O'Laughlin came down stairs. We asked him to take a drink, but he said he would wait until after he got shaved.

Q. So that you all four got shaved that morning?

A. Yes, sir.

Q. Where was this?

A. At the Metropolitan Hotel.

Q. After you had all got shaved which way did you go?

A. We then went up to a restaurant kept by a man named Welcker, over Wall & Stephens's clothing store. We ordered breakfast, and had to wait until it was prepared for us.

Q. Did you take your breakfast there or not?

A. We did.

Q. After breakfast where did you go?

Mr. Murphy, one

A. After breakfast we came down Pennsylvania avenue. of the party, stopped in at the Metropolitan Hotel to see a friend of his, and was to rejoin us at the National. The rest of us continued on to the National Hotel. When we reached there Mr. O'Laughlin went to the desk and inquired for a friend of his, and then went up stairs to see him. He told us to wait there for him. Mr. Henderson and I then walked back to the rear of the hotel. Q. You were gone how long?

A. I should think fifteen minutes. When we came back we did not see him there. We waited there awhile, in the mean time having some cards written by the card writer in the hotel, and then went on to the reading room, and remained there some ten or fifteen minutes, when, O'Laughlin not making his appearance, Mr. Henderson and myself sent up our cards to the room where he had

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