the assassination would be as deeply impressed upon my memory when I was 100 years old, as it would be an hour afterwards.

Q. Do you think that you would be more likely to remember correctly any little incident connected with an event happening two years ago, ten days after it happened than you would be now?

A. Some trifling incident connected with the event might be forgotten.

Q. No, but if you carefully stated an incident a few days after such event, while under oath, would you be as likely to have stated it correctly then as now. A. I think so.

Q. Quite, wouldn't you?

A. Yes, sir.

Q. On the 21st day of April, 1865, were you examined?

A. I do not know the date; I had the honor of being waited upon by various

Q. Won't you take this paper (handing witness deposition taken by Colonel Foster) and state if you have ever seen it before?

A. (After examining the paper,) I remember of being examined; and I remember that my testimony was taken down by a phonographic writer, but I never met this man after he had deciphered it, or written it out in long-hand, antil quite recently.

Q. Were you sworn at the time, the 21st of April?

A. I do not know about the date; I had forgotten Colonel Foster. I thought Major Burnett was the man. Having seen the phonographic reporter since, it has been brought to my recollection that there was an examination before Colonel Foster.

Q. I will ask you whether these questions were then put to you:

"Q. When did you last see Booth ?

"A. A day or two before this transaction."

Did you say that?

A. I do not know whether the question was put in that form or not.

Mr. MERRICK said that the counsel was examining the witness in regard to

a paper which he had stated he had never read and had never seen. submit whether that was a regular course of examination.

He would

The COURT replied that it was just the course counsel for the defence had been pursuing during this examination. They had put questions from a book (Pitman's Report) which it appeared the parties had never read and never seen ; and he did not see any reason for interposing to prevent counsel for the prosecution from doing the same. The examination would, therefore, be proceeded with. Q. State whether on that examination, in the month of April, 1865, this question was asked you under oath, and the reply given here made: "Q. When did you last see him? (referring to Booth.)

"A. A day or two before this transaction."

A. I do not remember whether the word "last" was put in the interrogatory. Q. Was your answer "A day or two before the transaction?"

A. Very likely; I cannot say positively that it was.

Mr. PIERREPONT. It goes on:

"Q. When?

"A. He passed me on the avenue."

Do

you

remember that?

A. I remember passing him several times on the avenue.
Q. Did you say that?

A. Possibly so.

Mr. PIERREPONT. I will read on:

"Q. Did you have any conversation?

A. He was on horseback; only a few words; we passed the compliments of the day."

Did you swear to that?

A. Possibly so. I often saw him on horseback, and often passed the compli ments of the day.

Q. Did you swear that was the last time you did see him?

A. I cannot say that I did.

Q. Will you say you did not?

A. No, sir; I think it is very likely I did.

Q. Did you think it was a mistake?

A. I do not know whether I am most likely to be mistaken, or the man who wrote down the examination.

Q. I want to have you tell the jury.

A. I cannot say that I am more infallible than anybody else.

Q. Did you state then what he gave you?

A. No, sir; the reason I destroyed the paper was because I knew very wellQ. Did you state that he gave you anything?

A. No, sir; those who were the wisest knew the least at that time.

Q. When you were asked, on that examination, when you had seen him immediately prior to that, did you answer "Not for some time."

A. I had not seen him for some time, I think, before meeting him on the

avenue.

Q. Then if it was two days before or later, it alluded to the time prior, did it? A. I suppose it did.

Mr. PIERREPONT. I will read further:

"Q. Had you any conversation with him during that time besides passing the time of day?

"A. Nothing that I remember."

Q. Was that your answer?

A. Cannot possibly say.

Q. Did you state at that time that he gave you anything?

A. No, sir; I did not.

Q. You are sure of that?

A. Yes, sir.

Q. Your memory is good, you say ?

A. I think, on that point, it is pretty good.

Mr. PIERREPONT. Let me read a little further:

"A. He presented me with a box in reference to a present I had made him." A. Oh, yes, sir; that occurred a long time before.

Mr. PIERREPONT continuing:

A. I remember such an occurrence as that. That didn't occur at the interview on the avenue, but at a prior time.

Q. My question is whether you said it did.

A. I remember saying then, during that examination, that he presented me with a box, but that was a long time-some several days-before this interview. Q. Did you tell anybody that he presented you with this letter?

A. I did.

Q. I mean on this examination of which we have been speaking?
A. No, sir.

Q. Let me understand. When this question was asked you as to when you last saw Booth, did you say a day or two before this transaction, alluding to the

assassination?

A. I do not remember that the word "last was included in the form of the question. I may have been asked when I had seen him.

Q. Suppose you were asked that, what did you say? Did you say a day or two before this transaction?

A. Possibly.

Q. What is your memory about it?

A. It is possible I did say so.

Q. Did you say immediately after that that, you had not seen him but once on that day?

A. No, sir; but once in a long time. It strikes me I had not seen him for a day or two before that Friday, because I think I asked him where he had been that I had not seen him.

Q. When did you last see him before this transaction?

A. On the stage of the theatre that night.

Q. When last before that?

A. On the avenue.

Q. When last before that?

A. I cannot tell; I think it might have been a couple of days.
Q. Where had you seen him?

A'I think I met him up in the neighborhood of the theatre.

Q. What day?

A. I cammot positively say.

Q. Can you tell the jury whether you did say, in answer to a direct question as to when you last saw him, that it was a day or two before the transaction, alluding to the assassination?

A. A day or two, or thereabouts.

Q. You did say

A. Possibly.

that?

Q. Then, in answer to the question as to when you last saw him, you did not state that you saw him on the 14th?

A. No, sir; not the last time.

Q. You did not state that?

A. No, sir.

Q. But you stated it was a day or two?

A. I stated that I had seen him a day or two before that. I do not remember of answering him before the last time.

Q. My question is, did not you state in reply to this question: "When did you last see him?" that you saw him a day or two before this transaction.

A. I say again, that I do not remember that "last" was included in the form of the interrogatory as to when I had seen him.

Q. Did you intend to convey the idea on that examination that you had not seen him for a day or two before the assassination?

A. I answered the question as it was put, I suppose.

Q. Didn't you intend to convey that idea?

A. I did not wish to have it understood that I had been with him that day, because I had understood that persons who had been seen speaking with him on that day had been interrogated

Q. Did you intend to swear under oath that you had not seen him that day? A. No, sir; because the question was not in the form you put it now.

Q. Did you so swear?

A. I do not think so, understanding the question as I do now.

Q. Didn't you understand the question then?

A. Possibly; but I did not understand the question to be then what it is

now.

Q. Don't you say now to these gentlemen that you did not intend to let it be known that you had seen him?

A. Distinctly.

Q. Then if this question was put you: "When did you last see him?” did you ay "A day or two before the transaction?"

A. Again I say, that I do not believe the word "last" was mentioned in the question.

Q. If it was mentioned was that your answer?

(No response.)

Q. Was the question asked you in these words: "When did you last see him?"
A. Again, I say, that I do not think the question was put in that form.
Q. Do you know what answer you gave?

A. A couple of days before.

Q. You say the reason that you did not want him to know that you saw him that day was, because you thought it might involve you?

A. Yes, sir.

Q. Didn't you answer that you saw him a day or two before the transaction!

A. I think likely.

Q. Didn't you think that that would involve you as much as to say that you saw him that day!

A. No, sir.

Q. Why not?

A. Because it was not so near the hour when the deed was done. I will say that before the Judiciary Committee I was allowed to read my examination before I signed it. I have not had the privilege this time. I am not sure that that is my examination correctly reported.

By Mr. MERRICK:

Q. The counsel has asked you the "whys" and "wherefores" of your doing several things; now, tell the jury why you destroyed that paper.

Objected to by Mr. Pierrepont.

Wirysss. I would like to state what occurred between Mr. Booth and myself at the interview when this paper was given to me.

The Corst. You cannot do that. The testimony relating to that paper has been ruled out.

W rysss. Year hover, some of the newspapers have stated that I said that paper was given to me with an air of great secrecy, and in case anything dould happen

Mr. Passpor interupted the witress and stated that they could not undertake to contend with newspapers ; that this was a serious mal in a court of law. Mr. Msarek sabartted that the witness still being on the stand, if he found is test wary of the day before had been usunderstood by anybody, and wanted TY BAẨY SE CAP Matthet a wval de but exzenéng a kindly privilege to allow inteles. He says it has been sund in the pale press that he stated yeonday as paver vas hanini se bin with an az of great secrecy.

Coyar sud the witness world de permited æ syvither in was handed as a great server one

A: Pawar sud de bi màt sheet as string that #78 i say then that im Ei smjer st A: Pagar. Sig 1 ya pras

A. I have.

Q. Is that the original letter obtained from Dr. Stewart?
A. I do not think it is, but I am not certain about it.

Q. Where is the original?

A. I saw it last in the War Department when I was here some time ago. Cross-examined by Mr. PIERREPONT:

Q. Have you seen the paper that

A. Yes, sir.

you speak of?

Q. Do you know whether it was part of this book, (the diary,) or a blank leaf from it?

A. I believe it to be a blank leaf from that book.

Q. Can you find the paper?

A. I do not know. It is my impression you have it. I last saw it in your

possession.

Mr. PIERREPONT. I remember you showed me some paper when you were here before. Was that the one which you think is the original?

A. Yes, sir.

Q. Where did you get it?

A. Either from General Baker or his brother. It is my impression that I got it from General Baker.

Q. Won't you state when you got it?

A. I cannot give you the date.

Q. Do you remember its contents?

(Objected to by Mr. Bradley on the ground that as the paper had been traced to the possession of the gentlemen, they must first produce the paper before its contents could be spoken of or show that it has been destroyed or lost. Objection sustained.)

Q. Do you know in whose handwriting it was?

(Objected to by Mr. Bradley. Objection sustained.)

Q. Did you get the original from Dr. Stewart?

A. No, sir.

Q. Then you do not know whether it was the original or not?

A. No, sir; it is only my impression that it is the original..

Q. Who did you get it from?

A. I think from General Baker. I may be mistaken.

Q. Do you remember whether it was in an envelope or not?

A. It was not in an envelope.

Q. You have seen a copy of it as published in the newspapers, have you not? A. I think it was there published, but I do not remember of having seen it. Mr. PIERREPONT said he had not seen the paper in question since the day witness had alluded to, but it possibly might be in his possession among his

papers.

(Judge Pierrepont here examined his papers, but did not find it, and, at the suggestion of Mr. Merrick to give him time for further search, the court at 11.50 a. m. took a recess for half an hour.

On reassembling Thomas T. Eckert resumed the stand, and his cross-examination was continued by Mr. Pierrepont.)

Q This is the slip of paper handed you awhile ago. (Exhibiting to witness leaf found in the diary of Booth.)

A. It is.

Q. Won't you look and see whether that is a part of the leaf of that diary. (Handing witness the diary and the leaf.)

(Mr. BRADLEY objected to the question. The jury could examine that matter for themselves. They did not want the opinion of the witness.)

The COURT said that he understood the witness to have stated in his examina