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gone, requesting that he should come down. The waiter returned immediately, and said he was not there; that there was nobody in the room. The three of us, Mr. Murphy having rejoined us, went down to Ruliman's, on Pennsylvania avenue, between Third and Four-and-a-half streets, where we saw him standing in the bar-room.

Q. How was O'Laughlin dressed that morning?

A. He had on a black slouch hat, a black cloth frock coat, and pantaloons and vest of very conspicuous plaid-purple and green.

No cross-examination.

EDWARD A. MURPHY sworn and examined.

By Mr. BRADLEY :

Q. Where do you reside?

A. In Washington at present.

Q. In what business are you engaged?

A. The plumbing business.

Q. Did you know Michael O'Laughlin, who was one of the conspirators tried before the military commission?

A. Yes, sir.

Q. Did you see him on the 14th of April, the day on which the President was murdered?

A. Yes, sir.

Q. State where you saw him, and what you knew about him that morning? A. We had engaged a room the night before at the Metropolitan, and I had ordered the waiter to wake us up at seven o'clock in the morning. About seven he woke us. We did not get up immediately, but laid there some little time. When we did get up I went and rapped at O'Laughlin's door and requested him to get up. He says, "Very well, I will get up."

Q. Where was this?

A. At the Metropolitan Hotel. We did not wait for him to dress, but went from there to the barber shop and got shaved.

Q. Where was the shop?

A. In the Metropolitan Hotel.

Q. It leads off from the main entrance?

A. Yes, sir. After getting shaved we took a drink. Then O'Laughlin came down. We asked him to take a drink. He said, No, he had not been shaved yet. We waited for him to get shaved, and then he afterwards took a drink. Q. You all four got shaved there?

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Q. Where did you go next?

drink there?

A. We went from there to Welcker's, on the avenue, above Ninth street.
Q. What happened there?

A. We there ordered breakfast.

Q. Did you have to wait for it to be prepared?

A Yes, sir.

Q. And you remained there until when?

A. I should judge until between nine and ten o'clock.

Q. From there where did you go?

A. From there down towards the National Hotel, where I stopped for a awhile. I had made arrangements to meet the other parties at the National Hotel. I stopped at the Metropolitan Hotel ten minutes, I suppose, and went from there into the National. I there saw Early and Henderson.

Q. Was O'Laughlin with them?

A. No, sir.

Q. How long did you stay there?

A. From the time I left them until the time we started away from the National Hotel, and met O'Laughlin at Rulman's, it must have been, I suppose, half an hour.

Q. Then you found him at Rulman's?

A. Yes, sir.

Q. Where is that?

A. On the avenue near Four-and-a-half street.

Q. Describe to the jury how O'Laughlin was dressed that morning.

A. That morning O'Laughlin was dressed in a black cloth frock-coat, I think. He wore a black hat. The pants and vest, I am positive, were of large Scotch plaid.

WILLIAM FAILING sworn and examined.

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Q. Look at the book before you and tell me if that is the register of the Webster House at that time.

A. (After examining the book :) Yes, sir; it is.

Q. Who was your clerk at that time?

A. A young man by the name of Pratt.

Q. Look down upon that page dated the 15th of April, and state whether you find the name of John Harrison.

A. Yes, sir; there is such a name there.

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Q. Would that show at about what time John Harrison arrived and was registered?

(Objected to by Mr. Pierrepont)

Q. Would the names of the parties as they arrived be entered in the regular order?

A. Yes, sir.

Q. Now can you state, from looking at that register, whether that party arrived late or early?

(Mr. PIERREPONT objected. The witness could not state whether he arrived at all, so far he had now got. If he would state that this party ever did arrive there and enter his name he would withdraw all objection. Until then he would insist upon his objection.)

Q. Were you at home that evening?

A. I am not positive whether I was there in the fore part of the evening or not. I had been to Rochester, and I may not have returned until late in the evening.

Q. At that period what were the hours of arrival of the different trains at Canandaigua; take the train from Elmira, what time did it arrive there?

A. I think at that time from about eight to nine o'clock, or somewhere along

there. It may have been ten o'clock. I remember distinctly that it was what we call the last train in the evening.

Q. Were there any entries registered after that of John Harrison ?

A. There are one or two here, I think.

Q. At the bottom of the page. In whose handwriting is that name?

A. In the handwriting of a young man that I paid off that evening, and who then quit. He wrote his name here himself.

Q. He was your cle.k!

A. Yes, sir.

Q. You paid him off that Saturday evening and he quit ?

A. I think it was that evening, but I am not certain

Mr. BRADLEY, I now propose to offer this in evidence. I have proved by Miss Jenkins the handwriting to be that of John H. Surratt.

Mr. PiBRREPONT. Now I will ask him some questions.

Q. Where were you on the 14th, the day of the assassination ?

A. I do not know, but I think probably at home.

Q. Where were you on the 15th, the day following the assassination!

A. I think I was at home.

Q. What day were you at Rochester!

A. I do not think I was at Rochester until the flowing Monday, the 17th,

I think.

Q. You have seen this book before, have you not !

A. Yes, sir.

Q. Do you know where this book has been for the last three months!

A. Yes sir.

Q. Where!

A. When I seld out to Mr. Chamberlin I sell the book ∞ him, and it remained in his hands until a short time ago

Q. How long ago!

A. I should think since this mil commenced, seme two or three weeks ago. Q. Do you know what was drae with it then!

A. I decere & was taken back to Mr. Chanderën, and when I came down here I brought the book with me.

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By whom were these names at the bottom written ?

A. By Sein Pratt, who was a ciers 'n my office.

He wrote down these names here: “S. Fan," -S. B. Brant” “S. B. Bract

A AI of those. The lower name I am pretty sure is lis

Q. What bus suising up a swad 2008 sontaining a 3st of various

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A. I find a good many names here.

Mr. BRADLEY. Some of these leaves are evidently gone.

Q.

Do you find that name, or that anybody who represented that name, was at your house?

A. (After a careful examination.) No, sir; I do not find anything in the shape of that name.

Q. Won't you tell the jury what you did with those books after you left there?

A. This one (the small one) I packed up with a lot of other books-the help book and several others. This register I sold to Mr. Chamberlin when I left,. and he took and used up the balance of it.

Q. And you kept the small one?

A. I kept all the old books that were in the office.

Q. Won't you state what you did with that book?

A. I packed this with the others up in a box or trunk and carried them all home.

Q. Where did you put them?

A. Away with a lot of other stuff that I considered useless, in my wood-shed chamber.

Q. Did anybody come there to examine it, to your knowledge?

A. I did not see it examined.

Q. Do you know anything about the other book being examined, and where that other book was put ?

A. Mr. Chamberlin took possession of this book (the register) when I sold out to him, on the 22d day of April, 1865.

Q. You had nothing to do with that afterwards?

A. No, sir.

Q. You yourself did not see it afterwards?

A. No, sir.

Q. You did not see that name written there?

A. No, sir; not to my recollection. I do not think I did.

Q. You have no recollection as to who wrote it, or when it was written?

A. No, sir.

Q. Have you any recollection whatever about it?

A. I have not.

Q. None, whatever?

A. I was away about that time. The clerk did the business then, and I could not tell anything about it.

Mr. PIERREPONT stated that he objected to its being offered in evidence. Mr. BRADLEY desired him to state the ground of his objection.

Mr. PIERREPONT replied that the ground was very obvious.

Mr. BRADLEY said he had proved the handwriting, and he now desired to have the ground of the objection stated, for he could not conceive what it could

be.

Mr. PIERREPONT said this was not a letter sent to, or received by, anybody; but it was a name, of which there were a great many there. As to who wrote it, or when it was written, there was no evidence.

Mr. BRADLEY remarked that there was evidence of the handwriting.

Mr. PIERREPONT said there was no evidence as to when it was put there. According to the theory of the defence it was put there more than two years ago, and yet nobody was produced to show that it was ever put there, or that the man they claim to have put it there was ever in the house. The fact that such a name was upon the book which was taken away from the place and brought here to Washington, was not evidence of the fact that it was put there at that time, and never was evidence in any court.

Mr. BRADLEY desired to have Mr. Chamberlin called and sworn.

Mr. FRANK O. CHAMBERLIN was then sworn and examined, as follows:

By Mr. BRADLEY:

Q. Where do you reside?

A. In Canandaigua.

Q. What is your business?

A. Hotel keeping. I am keeping the Webster House.

Q. Did you purchase out Mr. Failing?

A. Yes, sir.

Q. Did you at the same time purchase the register?

A. Yes, sir.

Q. I will call your attention to the entry of John Harrison under the date of April 15th. State, if you please, when your attention was first called to that, and by whom?

A. I think since this trial commenced; before that time my attention was called to it by Mr. Bradley, jr.

Q. Where?

A. At the Webster House, Canandaigua.

Q. And the entry was then the same as it is now ?

A. Yes, sir; 1 should think that it was.

Q. Were those names written at the bottom as they are now? Do you see any alteration at all in them!

A. I do not

Q. To whom did you deliver the register!

A. I do not know whether it was to Mr. Failing, or to Mr. Bradley, or Mr. Kirby: I cannot recollect. I think I gave it to Mr. Failing the day he came to Washington

Q. And until you gave it to Mr. Failing to bring here it had been in your possession!

A. I think a bad

Crussexamined by Mr. PiSPONT :

When did you make possession of the hotel and that book!

A. I think was April 17.

Q. What your!

A. 189

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