is not Kirby, but it is all right; let me in." She said, "All right," and opened the door. I stepped in and said, "Is this Mrs. Surratt's house?" She said, "Yes." I said, "Are you Mrs. Surratt?" She said, "I am the widow of John H. Surratt." I said, "And the mother of John H. Surratt, jr.?" She said, "Yes." I then said, "Madam, I have come to arrest you and all in your house, and take you down to General Augur's headquarters for examination. Be kind enough to step in." She stepped into the parlor. There were three parties there; one was lying on the sofa. Said I, "Who are these ladies?" She said, "This is Anna Surratt, that is Olivia Jenkins, and that Honora Fitzpatrick." I said, "Ladies, you will have to get ready as soon as possible and go with me down to General Augur's for examination." Whereupon Miss Surratt commenced wringing her hands, and said, "Oh, mother, think of being taken down there for such a crime!" Mrs. Surratt stepped to her, put her arms around her neck, and whispered something in her ear, and she became quiet. I said to her that I had sent for a carriage, and to please to get ready as soon as possible; that I would send somebody with them down to headquarters.

By the COURT:

Q. What time was that? A. As nearly as I can state, a quarter after 10. Mrs. Surratt said, "I will go up stairs and get the ladies' things." I said, "I advise you to get warm wrappings, as it is a damp, drizzly night." She said, "I will go right up stairs." I said, "Excuse me, madam, this house is suspected; I will accompany you up stairs." I told Clarvoe to remain in the room and see that no papers were destroyed, and that no communication passed between the ladies. I went up stairs with Mrs. Surratt. She obtained clothing for the ladies to go to headquarters. In the mean time two other detectives had reported, one by the name of Morgan and another by the name of Samson. I sent Samson down stairs to take charge of the servants, and waited for the carriage. Mrs. Surratt said to me, "By your leave, sir, I would like to kneel down and say my prayers, to ask the blessing of God upon me, as I do upon all my actions." I told her certainly; I never interfered with any such purpose. She knelt down in the parlor and prayed. In the mean time I heard steps coming up the front steps. Wermerskirch and Morgan were in the upper part of the house with me. I told them to go behind the door, and that when they rung or knocked to open the door and let them step in, whoever it was, and I would meet them in the hall, thinking at the time it was Kirby that I was going to trap. I stepped into the parlor, and the door-bell rung. The door opened. I stepped out into the hall and found myself face to face with Payne. Payne was standing on the threshold of the door with a pickaxe over his shoulder. I stepped out and met him. He said, "I guess I have mistaken the house." I said, "You have not." He said, "Is this Mrs. Surratt's house?" I said, "Yes." He seemed to hesitate. I drew my revolver and cocked it, and said, "Step in." He stepped in immediately. I said, "Lay down that pickaxe.' He laid it down, or put it in the corner. I took him to the back part of the hall and set two men to stand guard over him. We then commenced questioning him and examining him. I asked him where he had been. He said he had been working on the railroad and canal; that he had been working in different parts of the city. I asked him how long he had been here. He said a week or ten days. I asked him if he had any papers with him. He said he had a pass, which he took out and handed to one of the officers, who passed it to me. I looked at it and found it to be an oath of amnesty, or an oath in which he bound himself not to go south of the Potomac, I think.

Mr. BRADLEY. Where is that paper ?

WITNESS. I do not know.

Mr. BRADLEY. You need not say anything more about the paper.

WITNESS. I then told him he was so suspicious a personage that I felt bound to arrest him and send him down to General Augur's headquarters. I sent for a carriage immediately. I left him in charge of two men, and went down stairs to search the premises. I saw the servants there, and from them I learned

Mr. BRADLEY. You need not state what you learned from the servants.

Mr. PIERREPONT. What was said by the servants or anybody else in presence of Payne or Mrs. Surratt is evidence.

man.

WITNESS. There was nothing said by the servants in presence of any one except the detective and myself. I asked Payne what he had been doing. He said he was a laboring I asked him where he lived. He said he could not tell. I asked him whether it was east, west, north, or south. He said he could not tell me where he lived. I asked him what he came to Mrs. Surratt's for at that hour of the night. It was then verging toward 11 o'clock. He said he came to get instructions about digging a ditch in the back yard. I asked him what he came at that hour for to get instructions about digging a ditch. He said he didn't know; he was passing along. I asked him when he met Mrs. Surratt. He said he met her this morning, and agreed to dig a ditch for her, and that he wanted instructions to go to work the next morning. I then stepped to the parlor door and said, "Mrs. Surratt, will you be kind enough to step here a minute?" Said I, "Do you know this man? Did you hire him to dig a ditch for you?" She raised both her hands and said, "Before God, I do not know this man; I have never seen him; I did not hire him to dig a ditch." Shortly after that a carriage reported, and Mrs. Surratt and the three ladies were sent to General Augur's headquarters. A little while after Payne was also sent there in another carriage. Both carriages went in charge of detectives.

“Yea, all that a man hath will he give for his life."

Q. Who did you find in the house? A. We found Mrs. Surratt, Miss Surratt, Miss Fitzpatrick, Miss Jenkins, a little colored girl asleep on the floor in the back room. We found Susan Ann Jackson, or a colored woman who said her name was Susan, a man down stairs, who she said was her husband.

Q. Would you know this Susan if you were to see her? A. I think I would.

Q. Was she a full grown person? A. Yes, sir.

Q. Did you talk with this man? A. I did, a few minutes.

Q. Did you ask Susan any questions? A. Yes, sir; I asked her a number of questions. Q. Did you ask her anything about John Surratt?

Now, gentlemen, I have to stop here a moment for the purpose of comment. The learned counsel, in the most vehement tones, the other day, said : "If Susan Ann Jackson had told any of these officers, why did not the prosecution bring it out?" Did not counsel know that we did try to bring it out, and that they stopped us? If they do not, I will show it to them here from the record. They saw, and you saw, gentlemen, how desirous I was to get this fact out, that she had made this statement to Colonel Smith, and that he had in writing reported it to the War Department, and that he had it placed on file that very night. Let us see what they did:

Q. Did you ask her anything about John Surratt?

Question objected to by Mr. Bradley.

Mr. Pierrepont said he had the right to ask whether the witness had held any conversation; he had not asked what that conversation was.

The court decided the question could be put in that shape.

Q. Did you question her? A. I did.

Q. Did you question all the others? A. I questioned them all.

Q. Did you make a written report of your examination at that house at the time?
Question objected to by Mr. Bradley as immaterial.

Objection sustained.

Q. Have you a distinct memory of what occurred at the time? A. I have.

Question objected to by Mr. Bradley as improper on examination-in-chief.

The court said it was proper to ask a man whether his memory is distinct about what he says.

WITNESS. My memory is distinct, even to the very words.

That is the reason we did not get it out. We wanted to get it out, as you see here. The counsel, of course, must have forgotten all this, or they would not have said that we ought to have brought this fact out. There is some advantage in having a printed book of evidence in a protracted case like the one we are trying, for it tends to refresh our memories. In a case running through two months like this one, if counsel should forget any of the testimony that might have been given, it is very excusable. For fear I might forget some of it, I early made the determination that I would state no evidence to you, nor comment on any, except such as I had read from the book, giving it word for word as it fell from the lips of the witness.

Mr. MERRICK. I did not forget. My remark was addressed to the written examination before Colonel Olcott, which you never did offer in evidence.

Mr. PIERREPONT. And for the simple reason that there never was any taken. I tried very earnestly a second time to bring this evidence out, as you will see, but I did not succeed. The law did not permit it, and therefore the court ruled against me. And the court ruled right. If counsel, however, had not objected, it could have come in. My learned friend says that he did not forget, but that he was alluding to another matter. I shall take up that other matter when I come to Susan Ann Jackson's testimony.

Now let us see whether this statement of Colonel Smith's is confirmed or not. I turn to the testimony of Captain Wermerskirch, page 606:

Q. State what he said when he came to the house. A. When he came to the house he was asked to come in, because he refused to come in after he saw strangers present. After h-came in he was asked what he wanted; he said he wanted to see Mrs. Surratt; he first inquired if that was Mrs. Surratt's house; he was then confronted with Mrs. Surratt, and she was asked whether she knew the man; she held up her hands and said she did not know the man, and called God to witness: "Before God I do not know this man."

I have said that the Bible states, "Yea, all that a man hath will he give for his life." She had been at prayer and had just risen from her knees when she was called out into the hall. She then, in the presence of these men, lifted up her hands before her God and exclaimed, "I do not know this man." Human nature is indeed weak in such troubles. Appreciating this fact, I pass this matter by without further comment. Let us throw the veil of charity over it as far as we can.

I now turn to page 607 :

WITNESS. Major Smith told Mrs. Surratt and the other ladies-there were three of themthat he arrested them; that they were his prisoners; that they had to come up with him to the Provost Marshal General's office. Thereupon Mrs. Surratt requested him to allow her to go up and get their cloaks and bonnets to put on. Major Smith told her she might go up there, and accompanied her himself. Miss Annie Surratt had been weeping a great deal and was quieted by Mrs. Surratt; what she said to her daughter I do not know, because she said it in a very low tone-whispered it to her. She then asked Major Smith's permission to kneel down and pray, and she thereupon knelt down. Shortly thereafter they left. We had sent for a carriage in the mean time, and the carriage had got there and they were sent up to headquarters.

Q. After praying in the manner you have described, where did Mrs. Surratt go? A. After prayer she came out in the hall; she went through the hall and entered a carriage.

Q. Did she then see Payne? A. It was at that time she saw Payne.

Q. Then the remark to which you have already testified of Mrs. Surratt, her denial that she knew Payne, was made after this? A. After this; yes, sir.

Now I come to the testimony of Colonel Morgan, at page 460, who was likewise there :

Q. Will you please state what occurred in the presence of Payne? A. I directed that Mrs. Surratt and all the others in the house should be sent up to the provost marshal's office. They hesitated about going. I told them they should not delay, but go right away. I told Mrs. Surratt to go up stairs and get the bonnets and shawls of the rest of the party. She did so, I sending an officer along with her. She got all the things and brought them down in the parlor, where they prepared themselves to leave. When they were about ready to go, she said something about it being a cold, damp night. I said I would send for a carriage, and immediately directed one of my men to go and get one. About three minutes before he returned there was a knock and a ring at the door. I was at the time standing by the parlor door. I instantly stepped forward and opened the door, thinking it was the man returning with the carriage. Instead, however, of it being him, a man entered dressed as a laboring man, with a pickaxe over his shoulder. As soon as he saw me he stepped back and said, "O, I am mistaken." Said I, "Who do you wish to see?" He said, Mrs. Surratt." I replied, "It is all right; come in." I passed him in, and put him behind the door, standing myself with my hand on the door, open. I said to Mrs. Surratt, "Are you ready?" and then remarked either to Major Smith or one of the clerks standing there, (I cannot now say which,) "Pass them out." As they were about starting, I looked around, and saw Mrs. Surratt just getting up from her knees and crossing herself. I said, "Hurry up and get along; the carriage is waiting." I sent a man off with them to the provost marshal's office. After I passed them out I commenced to question Payne.

Q. Passed who out? A. Mrs. Surratt and the other three ladies.

Q. Before you passed Mrs. Surratt out what was said to her about Payne, if anything? A. After she got up from her knees, Major Smith made some inquiry as to whether she recognized him. I did not hear exactly what he did say, nor the reply she made.

Q. What did she say to you? A. She leaned her head over toward me, and said, "I am so glad you officers came here to-night, for this man came here with a pickaxe to kill us." Then he says further at page 470:

Q. Where was Payne in reference to you when Mrs. Surratt went out? A. Payne was close up to me.

Q. Did Payne make any reply when Mrs. Surratt leaned a little back in the manner you have described, and said to you, "I am glad you officers came here to-night, as that man with a pickaxe came to kill us?" A. No, sir.

Now, gentlemen, a great many things have been going on in this brief time over which I have passed. Where was John Surratt all this time? I do not need to tell you that no man can be in two places at the same time. That you will all admit is not within the range of possibility. He was somewhere-where was he? That is the question. These two points in this case are fixed; about them there is no dispute-that he left Montreal on the 12th, and returned to

Montreal on the 18th. Between those two dates all these things of which we have spoken relating to this murder were done. Where was John Surratt all this while? Was he in Canada? They could very easily tell you where he was every hour from the 18th till he left on the steamer to go to Europe, could they not? He was at Porterfield's, at Boucher's, and at La Pierre's, and they could tell you where he was between the 12th and 18th-only six little days. Where then, I again ask, was their client, the prisoner, during this time? He slept somewhere, did he not? He ate somewhere; he saw somebody; he staid at some house. He was in some wood, some field, some village, some city, somewhere. They know where he was and could give us the information if they would. Why cannot they bring us the man in whose house he slept, the servant who made his bed, who brought him his water, the barber who shaved him, the person of whom he bought an apple, a meal of victuals, or a ticket, or something? Why did they throw a thick veil of night over these six awful days? What is the reason, gentlemen? He knows where he was, doesn't he? He knows every step he took. He knows every hotel in which he slept. He knows every place where he got food or drink, and yet he does not tell you one of them, as I will presently prove to you. The books of law which I have read to you say that when an alibi is attempted, after the government have shown the party present where the crime was committed, the prisoner must prove beyond any possibility of doubt that he was somewhere else. That is the law. My friends on the other side have admitted that, and said they found no fault with it. It is, then, for them to show where he was, if they know; and if they do not know, it is because they have not tried to get the information, for their client knows.

Now, let us see if we can find out where he was, as long as they will not tell us. I am sure I know where he was at this time, and I am just as sure that you will know where he was when I get through reading this evidence, if you do not already. I want to call your attention to this remarkable circumstance that occurred in the taking of this evidence. I do not know whether it arrested your attention at the time or not, but you will remember it when I recall it to your minds. For some reason, which I did not then understand, but which was fully revealed in the progress of the case, Mr. Du Barry was put by the defence upon the stand, and brought his records of the railroad between Elmira and Baltimore. I afterward put him on the stand, as you will recollect; but I will recur to that presently. Why was he called by the defence? Why, to show that between Elmira and Washington, in consequence of the freshets that had been sweeping away all the bridges, railroad connections, &c., there was no railroad communication by means of which Surratt could have come from Elmira on the 13th and reached the city of Washington on the 14th. After Mr. Du Barry had testified, you remember the senior counsel, in the argument which he made to the court, said, not only once, but repeatedly:

"We have shown it was a physical impossibility that he could have come from Elmira on the 13th and reach here in the forenoon of the 14th." Well, he said it with confidence-perhaps with effect. It would be effective if it were true; we knew it was not true; we thought we could prove it was not true, and we undertook to prove that it was not true, but found ourselves in great trouble. Although we got the original books from the very engineer who drove the trains, yet when the man who was brought here to prove them was cross-examined, it turned out that he did not make, himself, the original entries, and the court ruled the evidence out. Then we tried to get the men themselves. They would not come, and in your presence and before the court we made the proof of that fact and sent out a process of attachment to arrest those men and bring them here. I made a remark on that occasion, which was printed in this case, that every impediment had been thrown by that road in the way of our getting at the facts connected with the movement of those trains. That remark got

into the newspapers and produced the effect which I will presently show you, and a pretty strange effect it was. I now read Du Barry's first examination, when he was put upon the stand by the defence, and before I made these remarks which are printed here in this case; I read from page 594:

Q. Turn to the 13th, if you please, and see if any train left Elmira, coming south, after 12 o'clock on the afternoon of the 13th? A. There is no record of such a train.

Well, I did not understand that. I knew if human testimony was to be relied on that Surratt did come on a train here from Elmira, and that from the depot he went to a barber shop and got shaved, for we had any number of witnesses who saw him. But the witness stated that no train left Elmira coming south after twelve o'clock m. on the 13th. Well, the witness stated what was a fact. No train did leave there after twelve o'clock; but a train did leave Elmira at half-past ten o'clock, and that was the train Surratt was on, as we have proved.

Q.. No train leaving Elmira after 12 o'clock on the 13th? Now what time of day on the 13th and 14th did the trains coming south leave Elmira? A. The schedule called for a train leaving there at 8 o'clock in the morning.

Very likely the schedule did. There was not any perjury committed by the witness in making that statement, but it is not far from it. When a special train left at 10 o'clock, to say nothing about it, but to state that the schedule time is 8 o'clock and that no train left after 12 o'clock looks to me very much like a suppression of the truth; and the law says that the suppression of a truth is as great a lie as the statement of a falsehood.

Now I take up the cross-examination :

Q. Do you say that there was no train running through from Elmira with soldiers on that day?

The COURT. Which way?

Mr. PIERREPONT. This way, coming south on the 13th.

A. I cannot say that there was no train with soldiers.

At that time I did not know, and my friend the learned district attorney did not know, exactly what time this train left; but we found out afterwards, as we shall show. The schedule time was 8 o'clock, and no train did leave after 12 o'clock, but a special train left at 10 o'clock, and he came on that special train. Now let us read further:

Q. On the 13th, 14th, and 15th? A. The road was partially repaired, and one train was running through daily.

Q. They ferried? A. That was not on my route.

Q. Don't you know they ferried? A. I do.

Q. Didn't you go over the ferry yourself? A. I did, on the 14th.

Q. But you were not at Elmira on the 13th? A. No, sir.

Q. Were there any trains that did not run on schedule time? A. I have no record of them. Q. Were there any? A. Not that I am aware of.

How did that leave the case? It left it without any evidence of this 10.30 train, did it not? It left it apparent that this Mr. Du Barry was not at Elmira on the 13th. Was he? We will see what occurred after this remark of mine, of which I have spoken, got into the newspapers.

We finally succeeded, after much trouble, in getting Mr. Rogers, the very engineer who ran the special train the other way. He met Surratt at Troy on the 13th. In that way we got at the correct time, showing that he left Elmira at 10.30 on the morning of the 13th. We show the further fact that Du Barry was in Elmira at that time. Du Barry, you remember, testified that he was not there. He was therefore mistaken, as he admits in his subsequent testimony. We brought Surratt across the ferry. Two men saw him. The witness Drohan took him across alone, going up to him when in the middle of the stream and collecting his fare. He talked with him and looked him directly in the face; and the moment he entered this room and saw the prisoner he said he recognized him as the same man. He was not cross-examined by the learned coun