5. those armies." Lamar then said: We had already sent enough men North to do the work, and that we were prepared to follow at once, but that we required more funds for the execution of our plans when we should get North. Mr. Davis then said: "General Winder will see that you receive "all that you require." Some instructions were then given by the President, and General Winder, to Wright, in regard to detaining the persons who had heard McCullough's disclosures. After a little more conversation with the President, in which he assured us of the great importance in view of the operations of Grant about Vicksburg, and of Meade who was forcing Lee back upon the Capital — of our proceeding in all haste to the execution of our project, we left. General Winder supplied us with some money, and gave Lamar a letter of credit to a firm in Baltimore, to enable us to draw what funds we should [*6899*] [*143*]require while North. When we reached here, we found that some of the parties had left the points indicated for them to remain at, and could not be found. Several others we learned had been arrested and imprisoned, and the situation or position of the armies had so changed that we found it impossible to carry out our plans, and finally we abandoned the project. Lamar returned to Richmond, but I had had enough of the Confederacy, proceeded north to Canada. John H Patten. Sworn & acknowledged at Washington D.C. this 24th Feby. 1866. before me Geo: C. Thomas Notary Public. official copy, J. Holt. Judge Adv General.Deposition of Geo H Patten CopyThe Deposition of Sarah Douglas, taken at the Office of the Bureau of Military Justice, in the city of Washington on the 6th day of February 1866. The deponent being duly sworn, deposes as follows: Question. Where do you reside, & of what state are you a native? Answer. I am a native of Virginia, & have resided in Canada since the summer of 1864. Question. Are you acquainted with Clement C. Clay, of Alabama; if so, where, & under what circumstances you have known him? Answer. I first met Clement C. Clay at the Clifton House, Niagara Falls, in the summer of 1864. Question. State what conversation you then had with him, or heard him have with others, in regard to the purpose of the rebels to take the life of President Lincoln? Answer. Mr Clay, at the time mentioned, [*6900*] [*144*]came into the parlor, at the Clifton House, where I was sitting, & a Mr Stone, as I now recollect, who was from the South, asked him, if he had any good news? & if he had secured a peace yet— referring as I understood it, to the informal conferences, which were then believed to be going on at the Falls. Mr Clay replied that he had got a piece of Yankee independence. Mr Stone asked how was that? Mr Clay answered: "Father Abraham says, if we will abandon slavery & every thing else we can then come to Washington & talk about peace." One of the ladies present then spoke, saying: "Mr Clay, do you then abandon the idea of securing peace?" He replied "It looks very dark now, but we will make one more effort, & if he does not make peace with us, he had better make peace with Heaven for we will carry the war into the White House." Mr Geo. N. Sanders then entered the parlor & called Mr Clay out, & the conversationwas not continued. My next meeting with Mr Clay was at Toronto, Canada at our own house which my husband & myself had taken, & occupied a little out of the town. Our house was a sort of Headquarters, for the confederates; where they met & discussed their plans, for raids, & other hostile acts against the United States. One evening, when several confederates were there, engaged in their customary discussions, Mr Clay remarked to them, that the plan they were then discussing would do very well as far as it went, that it would be easy enough to put Old Abe out of the way, but that it was necessary to make a clean sweep of it, & clear out the Cabinet, & General Grant & the rest. "No other plan" he said "was worth a song." This was in November 1864. Some days afterwards he called again at our house, & wished to see my husband who happened to [*6901*] [*145*]be absent. I asked him what news he had. He answered he had none except from Georgia & that was very bad. I said "I am tired & sick of the war & wish it was over." He answered, "It will soon be over, for if the boys carry on their war as bravely in Washington as they expect, they will soon put an end to it." I replied that I did not like the idea of my husband being engaged in any such business as that, & that if he was to fight I would rather he would go & fight bravely in the field — & added that I did not see how a small body of men could go to Washington & attack Mr Lincoln & his Cabinet & escape with their lives. Mr Clay answered "That will be easy enough, if they act bravely, for they will be taken by surprise & not looking for such a thing, & before they would recover from the surprise of the attack, our friends would escape.and besides he said, even if they were captured, they would only be treated as prisoners of War. He further stated that Lincoln would hang us—meaning as I understood the leaders of the rebellion—as dogs, if he could catch us, & that he did not think there was any more harm in our taking his life, than there would be in his taking ours— He added that the Yankee spies had already attempted to destroy President Davis & family, by burning their house, & he had reason to believe that this was done by Lincoln's order, & he argued that this alone would justify them in what they were proposing to do. I expressed the opinion that it was not a very brave act to kill persons in this way in the dark, without giving them any warning, but he insisted that it was right to kill such scoundrels in any way that it could be done. My husband then came in & he & Mr Clay went away [*6901a*] [*145a*]together. I saw Mr Clay subsequently, but had no conversation with him. Sarah Douglass. Sworn & acknowledged at Washington D.C. this 5 Feby 1866, before me Geo: C. Thomas. Notary Public. [*official copy J. Holt Judge Adv General.*] Also the Deposition of Mary Knapp, taken at the Office of the Bureau of Military Justice on the 6th day of February 1866. Being duly sworn, the deponent states as follows: Question. Where do you reside & of what state are you a native? Answer I am a native of Maryland, & have resided for several years at Kingston, Canada. Question. Have you known Clement C. Clay, & if so, when & where, & under what circumstances? Answer. I was introduced to Mr ClementC. Clay, at the house of Mrs. Sarah Douglas, at Toronto, Canada, in November 1864. It was on the occasion of his calling for the purpose of seeing Mr. Douglas, as mentioned by Mrs Douglas in her deposition just given in this office. Mr Douglas was not at home, & Mr Clay remaining, a conversation took place in my hearing, between him & Mrs Doulgas: This conversation is remembered by me with the entire distinctness, & is truthfully set forth as it occurred, in the deposition of Mrs Sarah Douglas referred to, & which has been taken in my presense and hearing. Mary Knapp, Sworn & Acknowledged at Washington D.C. this 5th Feby 1866, before me Geo: C. Thomas, Notary Public. [*official copy J. Holt. Judge Adv General*] [*6902*] [*146*]Also the Deposition of William H. Carter, taken at the Office of the Bureau of Military Justice on the 9th day of February 1866. The deponent being duly sworn, deposes as follows: Question. Of what country are you a native & where do you reside? Answer. I am a native of Virginia, & have been sojourning in Canada for several years, where I now reside. Question. Are you acquainted with Clement C. Clay of Alabama? if so, state when & where, & under what circumstances you have known him. Answer. I am acquainted with him - have known him for several years in Canada. Question. What knowledge, if any have you of any conspiracy or enterprise formed in Canada during the late rebellion for the purpose of taking the lives of Abraham Lincoln & his cabinet & other high officers of the United StatesGovernment set forth fully all you may know in regard to any such enterprise, & to the connection, if any of Clement C. Clay therewith. Answer. I was, in the month of November 1864, at a private house in Toronto, Canada, with my friend John McGill, and Captain Kennedy, who I saw from the public papers was subsequently hanged in New York. He was known to be & professed to be in the service of the so-called confederate states. In the course of our conversation, & in reference to what had been previously said between us on the subject, Capt. Kennedy proposed that we should go down to the Queen's Hotel, & see Clement C. Clay. We accordingly went down & met there Clement C. Clay with several other men, who were personally unknown to me. After some time Clay came out of the room in which he was, with the persons named & with Captain Kennedy, who had joined them, & was [*6902a*] [*146a*]introduced to us by Kennedy, who represented us as persons, who were their friends, & were about to enter into their enterprise. This enterprise, as it was understood between us, was the taking of the lives of Abraham Lincoln, President of the United States, & his cabinet. General Grant may also have been spoken of as one who was to be put out of the way, — as he was very often mentioned by the Confederates in Canada, as one who should be taken off with the President & Cabinet, but whether on the particular occasion referred to, he was spoken of. I cannot now certainly state. Mr Clay said on our being introduced, that he was glad we were going to enter into the business, but that it was a very risky business — & that if we did not succeed we might be hung.— He said, if we succeeded & returned to Canada, we would be rich men. While we were conversing together — Clay, Capt Kennedy, McGill & myself — either Clay or Kennedy — I cannot now certainly recall which — remarked to us that if we succeeded in washing our hands in the blood of the "Monkey Abe" & his Cabinet, we would be heroes — When about separating, Mr Clay gave us two dollars each, to help meet our expenses. W. H. Carter. Sworn & acknowledged at Washington D.C. this 9th February 1866. before me - Geo. J. Thomas. Notary Public [*Official copy, J. Holt. Judge Adv General*] [*6902b.*] [*146b*]War Department Bureau of Military Justice March 20th 1866. Hon. E. M. Stanton Secretary of War. Sir: I have the honor to submit to you the following report in the cases o Jefferson Davis and Clement C. Clay, rebels, as supplementary to the previous reports rendered by me therein, and made proper to be presented by the new and important testimony recently adduced. I. In the case of Davis there has been added the deposition of John H. Patten, a witness of unusual intelligence and entirely reliable. In this deposition, the body of which is in his own handwriting, he sets forth the particulars of two interviews which he had with [*6903*] [*147*]Davis in the summer of 1863, at which was discussed the plot, then pending, to seize President Lincoln and convey him to Richmond, with the understanding that he was at once to be put to death in case his rescue was attempted. It was at one of these occasions that there was present also the witness Wright, the substance of whose statements is set forth in my report of 18th January last. The testimony of Patten shows, even more fully than that of Wright, that this plot, which was really one of assassination under the pretext of capture, was directly authorized and ordered by Davis, whose language at each interview is recited, and also that he gave specific directions as to the manner in which the scheme was to be executed, and proceeded to justify it as in accordance with the laws of civilized warfare. This testimony, while most important of itself, affords also a striking support to the proof detailed inthe report of January 18th, in regard to the authorization by David of the subsequent plot of the next year which actually resulted in the death of President Lincoln. II. In the case of Clay the new testimony is of the following character:- 1. The deposition of William H. Carter, whose evidence was adverted to in the report of December 6th. last as then wanting but expected to be soon obtained. This witness who was present at the interview with Clay and Kennedy in November 1864, -- the particulars of which are recounted in the deposition of his companion, Mc. Gill, already presented -- fully corroborates the latter in his statements in regard to the acts and language of Clay, and clearly exhibits the fact that this conspirator was not only cognizant of the plot then pending, to assassinate President [*69039*] [*147a*]Lincoln, the members of the cabinet, and General Grant, but was actively engaged in directing the details of its proposed execution. 2. The depositions of Sarah Douglas and Mary Knapp, residents of Canada, who detail repeated interviews — principally at Toronto — between Clay and other rebels at which they were present, in the summer and face of 1864. At these interviews Clay not only discussed the plans for raids and other hostile acts in the interests of the rebellion and the violation of the laws of war, which he and his associates were then engaged in maturing, but spoke freely of the scheme of assassination;— in which, it is evident, he was personally enlisted, as he was familiar with its details;- anticipated with confidence its successful result, and entered upon a course of argument in its justification as a measure of legitimate warfare.3. The depositions of two parties; one a citizen of Windsor C. W. and the other of Montreal; who state that they saw Clay several times in the month of March 1865, at Windsor, and on one occasion on the rail-road between Toronto and Hamilton C. W. One of these witnesses conversed personally with Clay; and both detail the circumstances connected with their meeting him, and are enabled, by a reference to cotemporaneous events to find with certainty the dates mentioned. By this additional, evidence, in connection with that set forth in my reports of 6th Dec. and 18th Jany. last, it is shown beyond any question that Clay remained in Canada in 1865 during the months of Jany., Febry., March, and April— certainly up to the 15th., the day succeeding the murder of the President. Thus by the cumulative testimony of eight reliable witnesses, to whom probably many others might be added, the assertion of Clay — by which he seeks to [*6904*] [*148*]disprove the charge of complicity in the plot of assassination, that at the date of its execution he "had been absent from Canada nearly six months", is shown, as heretofore urged, to be wholly false. The new depositions thus referred to are hereto annexed; and though not needed to support the conclusive body of proof already fully presented in these cases, are most matinal in completing the chain of testimony by which the compassing of the assassination of the President is fixed, beyond a reasonable doubt, upon these two conspirators. With these depositions, the preparation of these case by this Bureau is properly terminated; and inasmuch as both the criminals and the proofs of their crime are now in the hands of the government, it only remains for me respectfully but most earnestly to renew my former recommendation that Davis and Clay be arraignedand tried before a Military Commission. As this tribunal — the only one believed to be competent to ascertain and pass upon the quill of these men — may presently be ousted of its jurisdiction by the anticipated operation of the Proclamation which is to declare the termination of the state of war, there is danger that, unless such Commission be speedily convened, their crime — certainly one of the most atrocious and appalling of the nineteenth century — will pass unpunished. (Signed) J. Holt. Judge Advocate General [*Official Copy, J. Holt. Judge Adv General.*] [*6904a*] [*148a*]Copy Deposition June 18. 1866. Brevet Major Gen. Joseph Holt. Judge Advocate General. U.S. Army. recalled and examined. By the Chairman. Question.— State when and under what circumstances Sanford Conover was employed as an agent of the Government for the collection of ["of the collection") of the testimony supposed to exist implicating Jefferson Davis and Clement C. Clay, Jr. in the assassination of the President, setting forth his action as reported to you from time to time and exhibiting his correspondence with you while thus engaged, together with any other matter which may show why confidence was reported in Conover and in the witnesses he produced. 6905 149"In my previous testimony before the Committee, I stated that from the knowledge derived from the trial of the assassins of the President, of the apparent complicity of Davis, Clay and others, in that crime, I felt it my duty to pursue the investigation further. I did so on the first opportunity that presented itself. That opportunity was found in the written assurances of a man known to me under [*1*]the name of Sandford Conover, and who, under this name, had given important testimony on the trial of the assassins; — testimony however which did not bear upon the question of the guilt of the parties on trial as concerned in the actual murder of the President, but related only to the general conspiracy charged to have been formed for the commission of that crime, to which it was alleged Davis, Clay, and others were parties. This man, [*6906*] [*150*] [*2*]it seems, had been a correspondent of the New York Tribune from Canada, and it was through Mr. Gay of the Tribune — a citizen of well-known character for loyalty and integrity — that he was brought to the notice of the government as an important witness. After he had given his evidence on the trial of the assassins, from his intelligence and apparently intimate association with rebel refugees and conspirators in Canada, I was [*3*]satisfied that he had possessed unusual opportunities for acquiring information in regard to their plans and movements. Hence, when he wrote me, alleging the existence of testimony implicating Davis and others, and of his ability to find the witnesses, and proffering his services to do so, I did not hesitate to accept his statements and proposals as made in good faith and entitled to credit and consideration. The first letter which [*6907*] [*151*] [*4*]I received from him on the subject was written from New York and bore date the 26th of July 1865. This letter I have now in my hands for the examination of the Committee. In it will be found all the details of the assurances to which I have just referred." [*The letter is as follows: (The letter which is annexed to the Deposition is as follows.)*] The next letter was also addressed to me from the city of New York, and bore date the 2d of August, 1962, but evidently [*5*]written in fact on 2d August in 1865. This letter refers to the previous one, and repeats in more general terms his former assurances. In the postscript the writer states that that was his "fourth letter" which he had written me without receiving a reply. Whether this is true or not I know not; but these five letters, just referred to, are the only ones which I received from him at that time. After conference with the Secretary [*6908*] [*152*] [*6*]of War I wrote him to come to Washington for the purpose of having an interview with me in regard to the subject matter of his letters. He accordingly came, and on the 12th of August transportation was furnished him for a Mr. MGill from New York to Washington. On the 14th of August 1865, he telegraphed me from New York— he having returned there — that he had found McGill, whom he had represented to be one of the witnesses referred to, and [*7*]that he would start with him for Washington on the evening of that day. The original of that telegram, also, I have now in my hand for the inspection of the Committee. Having had this correspondence and also personal communication with him, I laid the matter before the Secretary of War,— to whom the substance of the assurances contained in these letters had been made Known — and recommended [*6909*] [*153*] [*8*]to him in view of the assurances thus given to me by Conover, that his proposition be accepted, and that he be engaged as a Government agent to collect the testimony, of the existence of which he professed to have knowledge. To this the Secretary of War assented, and afterwards placed at my disposal a sum deemed then sufficient to meet the necessary expenses connected with the investigation upon which the agent of the government was about to enter. Subsequently Conover arrived in [*6910*] [*9*]Washington, bringing with him the witness who called himself John McGill, and who, on the 17th of August, 1865, gave his deposition which deposition I have heretofore read to the Committee. The very important character of the evidence given by McGill confirmed the impression which I had previously had of the ability of Sanford Conover to find the witnesses, of whom he professed to have information. He proceeded, it is, believed, that day or the day afterwards, south with authority from me to make [*6911*] [*154*] [*10*]diligent search for his testimony, and to report from time to time to me the progress which he was making. He arrived, it is supposed, on the 19th of August, 1865, at Richmond, form which place he wrote me on the 24th of August 1865; --- the original letter I have now in my hands for the inspection of the Committee. The next communication which I received from him, the original of which is now exhibited,was a telegraphic dispatch, dated at Columbia, S.C. on the 1st day of September 1865, in which he stated that his mission thus far had been successful, and that Key and another witness had been found, and that a witness whom he refers to as "C" (meaning Campbell) had been heard from. The next communication which reached me from him was a lengthy telegraphic dispatch, dated at Charleston on the 4th of September, [*6912*] [*155*] [*12*]1865, in which he professed to give the details of the investigation in which he had been engaged, and of the successes which had thus far attended him. The original is now presented for the considerations of the committee. The next communication was a long letter of same date: to wit, Charleston, S. C. Sept. 4. 1865, giving yet more minutely the details of his researches and of the favorable results which had attended them, [*13.*]and expressing his purpose to proceed to New Orleans. The original is now in my hand, and offered for the consideration of the committee. The next communication was a telegraphic dispatch from Charleston. S.C. dated September 6th. 1865, the original of which, also, is presented. Subsequently on his return to New York from the [*6913*] [*156*] [*14.*]South Conover wrote me at length from that city on the 10th of October 1865, saying that it afforded him great pleasure to report that his efforts to find certain persons as witnesses for the government had been crowned with complete success, and proceeded to detail the testimony found, with the names of the witnesses, stating that on the Sunday following he would leave for Washington with three of the witnesses, who then accompanied him. He did not, however, [*15*]come in accordance with his promise, but did [is] so subsequently. He arrived at Washington about the close of October, bringing with him two men calling themselves William Campbell and Joseph Snevel, who, on the 4th of November, 1865 gave their depositions at the Bureau of Military Justice, — which have been read to the committee. On Conover's arrival here he addressed me a note bearing date November 1. 1865, which note [*6914*] [*157*] [*16*]I present for the consideration of the committee Subsequently Conover, having gone back to New York, returned to Washington with a man calling himself Farnham B. Wright, who, on the 23rd of November, also gave his deposition before the Bureau of Military Justice; which deposition has been read to the committee. John MGill in his deposition having stated that a [*17*] man by the name of Carter was present with him at the interview he had had with Clement C. Clay Jr. and Captain Kennedy in Canada in relation to the assassination of the President and certain other distinguished officials of the United States government, I engaged Conover to proceed to Canada for the purpose of finding and bringing to Washington this man Carter, with a view of taking [*6915*] [*158*] [*18*]his deposition; and he left Washington under a promise that he would do so. Farnham B. Wright (whose deposition has already been mentioned as having been taken) having stated that a man by the name of Patten— whom he alleged to have been present with himself and others, in an interview with Jefferson Davis, when the abduction and, if necessary, the assassination of the President were discussed and determined upon— resided in [*19*]Saint Louis, and that he believed he knew the street on which he lived, and could find him and secure his attendance as a witness. I employed him subsequently as an agent of the Government to go to Saint Louis for that purpose. He returned from Washington to New York, and announced to me from there in a brief note his purpose to proceed west immediately for the purpose mentioned, provided the necessary funds were furnished, which was done. Among the persons mentioned [*6916*] [*159*] [*20*]as present in the interview which Wright, Patten, and others were alleged to have had with Davis, was a man called Lamar. This person, Campbell, whose deposition is referred to as having been taken and read to the Committee, stated he knew; that he was in Canada, and that he believed he could exert sufficient influence over him to induce him to come to the United States and give his testimony; and he offered to go to Canada for that purpose. I accordingly engaged him, and [*21*]he left with the understanding that he would fulfill the promise which he had made me. He communicated with me from Saint Albans, stating that he had there heard of this man Lamar and that he had gone to Boston. He again communicated with me from Boston, alleging that he had overtaken Lamar there, and conveying the impression that he had consented to give his testimony, and that they would both soon be in Washington for that purpose. Subsequently I was assured [*6917*] [*160*] [*22*]that Lamar, on his arrival at New York, had refused to come to Washington to testify, and had left the United States for Cuba. Still later, I have the assurance that this statement, superinduced by a false representation of Lamar's, was a misapprehension, and that he had, in fact, come to Washington but refused to give any testimony. I never saw him, and whether such a man ever existed at all, I have no means, at present, of certainly determining On the 28thof November, 1865, Conover wrote me from New York stating that he had not, until that morning succeeded in seeing MGill, and getting the necessary direction for finding Carter. He added that he would leave, the next train, for Toronto, and expressed the opinion that he would not only find Carter but other witnesses as well. The original of this letter is also presented for the consideration of the committee. The next letter which [*6918*] [*161*]I received from Conover bore date Montreal, December 8. 1865, in which he mentioned that he had found Carter at last, and had obtained his consent to give his Deposition. That letter, which contained some details in regard to the prosecution of this business for which he was engaged is also offered for the consideration of the Committee. Conover's next communication to me was a telegram from [*23*]Montreal under date of Dec. 13th, saying that he had just returned from Quebec, and had three very important witnesses, and asking for some additional funds to meet necessary expenses. On the 20th of December he wrote me a very long letter from Montreal, professing to give much in detail the very important testimony he had discovered; the character of the inquiries which had led to its discovery, and the [*6919*] [*162*] [*24*]names of the witnesses. This letter, which he stated he would send by the witness, Carter, came to me through the mail, accompanied by a note from Carter, dated New York Dec. 27. 1865, which letter with the note of Carter is now presented to the committee. Subsequently Conover communicated with me by telegram from Albany, N. Y. on the 13th of January, 1866, representing that he had just arrived there from Kingston, Canada, with four witnesses, [*25*]and that he was expecting another to join him from Montreal that evening, and asking that the necessary funds to meet expenses and to enable him to leave that evening should be sent him, and promising to reach Washington on the monday following; which telegram, also, is presented to the Committee He afterwards arrived in Washington, bringing with him two women, calling themselves Sarah [*6920*] [*163*] [*26.*]Douglass and Mary Knapp, whose depositions were taken at the Bureau of Military Justice on the 6th of February, 1866. These depositions have been read to the committee. On the 9th of February, 1866, Conover brought to the Bureau of Military Justice the witness W. H. Carter, the man in quest of whom he had gone to Canada. This person, under the name mentioned, gave his deposition at the same place, and it has been read to the committee. [*27*]Subsequently Farnham B Wright and Conover came to Washington, bringing with them a man calling himself John H. Patten, who, under that name at the Bureau of Military Justice, on 24th February, 1866, gave his deposition, and which has been read to the committee. There was nothing in the previous history of Sandford Conover, as known to me, to excite any distruct either in his integrity, in his truthfulness, or in the sincerity [*6921*] [*164*] [*28*]with which he had made his propositions to the government that led to his being employed as an agent for the collection of the testimony which was supposed to exist in reference to the assassination of the President. On the contrary there was much in his intelligence, which was marked and striking, and in his apparent frankness and his known connection with important sources of information, to inspire faith in his professions & promises. There was much also to inspire [*29*]this faith, in his correspondence with me, as already exhibited, while apparently engaged in the difficult and responsible duty imposed upon him. That correspondence was characterised by unusual intelligence, by great variety of detail, and by a naturalness which seemed to protect it from criticism; and my confidence in the testimony was strengthened by my knowledge that it was in accord with and seemed to be, in a large degree, a natural sequence [*6922*] [*165*] [*30*]from other facts which had been testified to as having occurred in Canada by witnesses known to the government, and whose reputation has not been, and cannot, it is believed, be successfully assailed. Under the passage of the resolution of the House of Representatives appointing a committee to investigate and ascertain what testimony existed in regard to the complicity of Davis in the assassination of the President, I appeared before this committee in [*31*]obedience to its summons, and gave my testimony and produced before it the depositions to which I have referred, together with the reports which I made, and which reports with the opinions thereon expressed upon the questions involved, were based upon these depositions, and upon the other proofs therein presented and commented on, upon which proofs these depositions were but cumulative, though strongly so. Decided however as was my confidence in the truthfulness [*6923*] [*166*] [*32*]of these depositions, I was not willing that the committee should accept my estimate of them, or base any action of their own solely on that estimate. Hence I urged — certainly the chairman and I think another member of the committee — that I should be directed or requested to bring before them the more important of these witnesses produced by Conover, who were believed to be within the reach of the Government, in order that by their cross-examination, their bearing while testifying [*33*]and by such other tests as they might be subjected to, the committee should be enabled to determine for themselves what degree of credit their evidence was entitled to. In consequence of this suggestion of mind and of its having been repeated and urged, I received the direction of the Hon. Mr. Wilson, chairman of the committee, to send for these witnesses, of the more important of them. I accordingly sent to the City of New York Brevet [*6924*] [*167*] [*34.*]Col. Turner, Judge Advocate, giving him, as I now remember it, the names of Campbell, Snevel, McGill, Wright, Patten, and Mrs. Douglass, — these being the witnesses that I had reason to believe might be obtained within a reasonable time. It is barely possible that the name of Patten was not embraced in this list, owing to my supposing him to reside in Saint Louis, but the most important of the witnesses were certainly included. Col Turner, on proceeding to New York, had an [*35*]interview with Campbell, who has been repeatedly referred to by me, and in a conversation with Col. Turner, Campbell declared that the testimony which he had given in his deposition before the Bureau of Military Justice was false and that it had been fabricated by or under the supervision of Sandford Conover. This I learned from Col. Turner, and I learned he made the same statement at the same time in regard to the testimony of Snevil, and expressed the opinion [*6925*] [*168*] [*36.*]that the other witnesses who had been produced by Conover had also swore falsely and under assumed names. Col. Turner brought Campbell on to Washington; and I then suggested that Mr. Wilson, chairman of the committee should telegraph for Conover in order that he and Campbell might be confronted in their examination, and opportunity thus afforded the committee of determining the question of credibility at issue. Conover accordingly came and went before the committee, and while [*37*]undergoing examination there Campbell was introduced, and having been sworn, he stated that his deposition given before the Bureau of Military Justice, was false in all respects, and was wholly and completely the fabrication of Conover, - who then being present replied under oath that this declaration of Campbell was untrue, but declined to offer any explanation. After, however, Campbell had been withdrawn, Conover suggested to the committee as a reason why he, Campbell, had [*6926*] [*169*] [*38*]made his statement, that he had probably been corrupted & supposed he could make more by falsifying his former testimony than he could be sustaining it. I said to Conover immediately after his examination closed, that was utterly astounded at the evidence Campbell had given. His reply was — "You cannot be more so than I am." I then added "You see the position in which you are placed; now if what is charged against you is false, your [*39*]only made of vindication is to bring before the committee the witnesses whom you produced, and whose depositions were taken before the Bureau of Military Justice, in order that they may be examined and re-affirm their testimony." He said he would proceed to New York with the officer of the committee, and assist him in finding the witnesses, and would, as I understood him to say, return with them to Washington. He left, as I was told, with the officer of the committee [*6927*] [*170*] [*40*]but on arriving at New York separated himself from him and was not seen by him afterwards; and up to this time he has not communicated with me, nor has he made any effort, as I believe, to produce the witnesses, nor has he offered any vindication of his conduct. This action of his, added to the declarations under oath of Campbell, followed up as they were afterwards by the testimony of Snevel, as to the utter falsity of the depositions which he and Campbell had given, left [*41*]on my mind a strong impression that Conover had been guilty of a most atrocious crime, committed under what promptings I am wholly unable to determine. I employed him under no contract for any stipulated compensation. He had no reason from me to believe that he would receive more for his labor in the event of his success than in the event of his failure to discover the testimony which he alleged existed, nor had he authority to give to the witnesses any other assurance than that they should [*6928*] [*171*] [*42*]not be personally compromised by speaking the truth. He only had reason to believe, and was so assured, that all expenses would be paid, & that a fair compensation for the services performed,— both in view of their importance and of the extreme danger, to which it was supposed they might expose him,— would be made, but nothing beyond this. Although but two of the witnesses, to wit:— William Campbell and Joseph Snevel — have been found and produced, and have declared [*43*]the falsity of their depositions, yet, considering the conduct of this agent of the government as exposed and explained, it is believed that the same discredit which seems to attach to these two depositions of Campbell and Snevel should attach to all the depositions given by the witnesses brought to the Bureau of Military Justice for examination by Conover; and I would therefore suggest, unless the grounds for discrediting these depositions be in some way removed, that all that testimony be withdrawn [*6929*] [*172*] [*44*]from the consideration of the committee. The witnesses, whose depositions, under their view, would be withdrawn, are the following: John McGill, William Campbell, Joseph Snevel, Farnham B. Wright, Sarah Douglass, Mary Knapp, W. H. Carter, and John H. Patten. I append hereto as part of this my deposition, official copies of all the letters and telegrams of Sandford Conover and others heretofore referred to, the whole being marked. "Exhibits to the deposition [*45*]of J. Holt, Judge Advocate General." I deem it proper to remark, (which, possibly, I may, in effect, have done previously) that I conferred freely with these witnesses, before and while examining them; that they appeared to possess the ordinary amount of intelligence, and certainly assured perfect self-possession and frankness of manner, and seemed to be, so far as I could judge, under no improper influence, and there was nothing either in the testimony which they gave — regarded in the [*6930-1*] [*173*] [*46.*]light of other evidence in possession of the government and which has not been successfully controverted — or in their manner while deposing, calculated in any degree to excite doubt as to their truthfulness; and I did not at any time question the sincerity and honesty with which they were speaking. The disclosure made by Campbell to Col. Turner was the first intimation which I had received, of the shameless fraud, which, it is alleged by two of the witnesses, has been committed upon [*47*]the government by Conover. J. Holt Judge Adv. General. [*6931*] [*173 1/2*] [*48.*][*Copy of Report*] War Department. Bureau of Military Justice. July 3, 1866. Hon. E. M. Stanton, Secretary of War. Sir. Referring to the Reports made to yourself by this Bureau in the case of Clement C. Clay, on the 6th of December 1865; in the case of Jefferson Davis on the 18th of Jany. 1866; and in the cases of said Clay and Davis jointly on the 20th of March, 1866,— I have the honor to submit for your consideration the following statements: It will be remembered that on the trail of the assassins of the late President, it was alleged in the charge and specification, that the crimes had been committed under the incitement and encouragement [*6932*] [*174*]of the said Jefferson Davis, Clement C. Clay, Jacob Thompson, and other conspirators names as combining and confederating together for that purpose, and this declaration the court found to be true, and the opinion has been heretofore expressed by me that this finding was justified by the evidence adduced. Strong however as was the proof that let the court to the conclusion which they thus reached, I had reason to believe from the knowledge of its details acquired in the course of the trial, that yet more conclusive listening bearing upon the complicity of the rebel leaders named in the murder of the President, existed; and hence as the head of the Bureau of Military Justice, I felt it my duty to pursue the investigation further. The first opportunity enabling me to do so presented itself under the following circumstances: Among the witnesses examined on behalf of the government before the Military commission which tried the assassins, was a man calling himself Sanford Conover. Underthis name he gave important testimony on that trial — testimony, however, I may remark, which did not bear on the question of the guilt of the parties on trial as actually concerned in the perpetration of the murder of the President and the attempted murder of the Secretary of State, — but related only to the general conspiracy charged to have been formed for the Commission of these crimes, and to which it was averred Jefferson Davis Clement C. Clay, Jacob Thompson, and others were parties. This man, it seems, had been a correspondent of the New York Tribune from Canada; and it was through Mr. Gay, of the Tribune — a citizen of well-known character for loyalty and integrity — that he was brought to the notice of the government as an important witness. After having heard his testimony on the trial of the assassins, I was well persuaded from his intelligence and apparently intimate association with rebel refugees and conspirators in Canada, that he had possessed unusual advantages for acquiring information [*6933*] [*175*]formation in regard to their plots and movements. Hence, when he subsequently wrote me - voluntarily and without solicitation or suggestion on any part - giving assurance as to the existence of evidence implicating Jefferson Davis and Clement C. Clay, and of his ability to find the witnesses, and proffering his services to do so, I did not hesitate to accept his statements and proposals as made in good faith, and entitled to credit and consideration. The first letter received by me from him on the subject, bore date, New York, July 26, 1865; and is as follows: Brig Gen Hold. Dear Sir. Believing that I can procure witnesses and documentary evidence sufficient to convict Jeff. Davis and C. C. Clay of complicity in the assassination of the President, and that I can also find and secure John H. Surratt; I beg leave to tender the Government, through you, my services for these purposes. Since my appearance as a witness before the Commission, I have been engaged, to some extent on my own account, in seeking further evidence to implicate Davis, Clay, and others; and I feel [assured] warranted in saying that my efforts have not been without some success. I can promise to find at least three witnesses — men of unimpeachable character — who will testify that they submitted to Davis propositions, which he approved, to destroy the President, Vice-President, and Cabinet, and that they received, indirectly from the rebel government money to enable them to execute the proposed scheme. Letters, I am assured by one of the parties referred to, can be adducted to corroborate a part of their statements. Two of these persons can testify that they were present with Surratt at an interview with Davis and Benjamin last spring, in which the plot under which Mr. Lincoln was assassinated was discussed and approved by both functionaries. These men may be relied on. As I have already said their character [*6934*] [*176*]is unimpeachable. They despise and hate Davis now, as intensely as they once admired and loved him. Besides they feel the necessity of doing some meritorious action to ensure the forgiveness and pardon of the government they have outraged. The Interest I have manifested in this case has been prompted solely by a desire to serve the government, though I must admit that it has been intensified by my hatred of the rebel leaders. The rebellion has ruined me financially, and I have suffered much at the hands of Davis & Co. It will be no fault of mine if they escape without their just deserts. You may depend that I can and will, if desirable to you and the government, accomplish all I promise, and more. If it is not intended to try Davis and others for complicity in the assassination, I shall be glad to be sent after Lurratt. I have ever believed that I could find him, and I am confident that I can now devise ascheme for his capture. I do not enter into particulars, because I know the value of your time too well to trouble you with a long letter. If the propositions I submit are entertained, I will call on you and be more explicit. Please favor me with a reply at once, and in the meantime believe me to be you most obt servant Sanford Conover Direct in care of S.H. Gay Tribune [*x*] On the 2nd August - written "1862", though evidently intended for 1865 — he again addressed me from New York, as follows — New York, Aug. 2, 1862 General: I proposed by letter a few days ago to find, for the good of the government and people, John. H. Surratt, one of the conspirators, and to produce unimpeachable evidence [*6935*] [*177*]sufficient to convict Davis, Clay, and others of complicity in the assassination of Mr. Lincoln. I solicited, indeed expected, an early reply, but was disappointed. Surratt has since been captured, (so the papers say,) so that of course my services in that direction will not be required. Probably, you have also sufficient evidence to convict Davis, Clay, et al, without the testimony — I should say evidence— I proposed to adduce, the witnesses I proposed to produce, and the facts that you could educe, under my suggestion, from certain disloyalists. If it is all so, I'm glad. But will you not be kind enough, on receipt here of, to inform me by telegraph, directed to Fifth Avenue Hotel, whether or not I can be of further service to the government. If I cannot be of further service I propose to go to Mexico, and my last day, if you do not desire more of me, in New York will be next Friday or Saturday.I hope I can be of further service. I more than hope that I shall hear from you (by telegraph) before Saturday. If I do not I shall assume that I can be of no further service, and act accordingly. Your Obt servant Sanford Conover. Brig Gen Holt. Judge Adv. General. Washington, D.C. P.S. This is the fourth letter that I have written you without having received a reply. I do sincerely hope that I may receive an answer to this, if not to those that preceded it. Respy. S. C. It will be observed that the writer speaks of this as his "fourth letter." If other than this and the previous one of 26th July were written, they did not reach me. I laid the substance of the assurances contained in these [*6936*] [*178*]letters, before you, and probably read extracts from the letters to you, and asked that I might be authorized to send for Conover to come to Washington, with a view to a conference with him and to his employment as an agent of the government in the collection of the testimony, —should it be decreed advisable to do so— which authority you gave me. I accordingly wrote to him and he came on to Washington; and after an interview with me, I recommended to you that his proposition should be accepted, and that he should be engaged as a government agent to find and collect the testimony, of the existence of which he proffessed to have knowledge. To this you assented, and he was accordingly so employed. We then went to New York, taking with him transportation from that city to Washington for a Mr. McGill, whom he represented to be an important witness. On the 14th of August he telegraphed me from New York that he had found McGill, and would start the nightof that day for Washington — of which telegram the following is a copy. Brig Gen'l Holt Judge Advocate General I have found McGill, and start to night; failed to find him in time to leave last evening. Sanford Conover. 18 Claremont Av. Brooklyn. Subsequently Conover and the witness, who called himself John McGill, arrived in Washington, and on the 17th of August the latter, under that name, gave his deposition before this Bureau. The striking character of his evidence confirmed the [the] impression previously entertained of the ability of Conover to find the witnesses of whom he claimed to have information. He proceeded South without delay, with authority from me to make diligent search for the witnesses, and to report from time [*6937*] [*179*]to time the progress he was making. His first communication to me bore date "Richmond, Va, August 24th 1865," and is as follows- Richmond Aug 24 /65. Brig Gen Holt. Judge Adv. Genl. Dr Sir: I have been in this city since Saturday, and although I have not succeeded in reaching any of the parties sought for, I have received such information of the whereabouts of some of them as will enable me to find them. I shall not fail either in whole or in part. You may depend on this. I shall write you every day or two - henceforth more at length - informing you of my proceedings, &c. Resply Your obt servant Landford Conover. On arriving at Columbia, S. C. he telegraphed me under date of 1st Sept. 1865, stating that his mission thus far had been successful, and that Key and another had been found, and that a witness, whom he refers to as "C.", (meaning Campbell,) had been heard from. The following is a copy of the telegram — Br. Genl Holt — My mission has thus far proved successful. Key and one other have been found & secured. C. has been heard from & will be found. Deeming it inadvisable to telegraph particulars, I have written at length. S. C. The next communication which reached me from him was a lengthy dispatch, dated Charleston 4th Sept. 1865, in which he professed to give the details of the investigation with which he had been occupied, and the successes which had thus far attended him — which dispatch was in the following words:— [*6938*] [*180*]Brig. Gen. Holt, Judge Adv. I arrived here yesterday en route for New Orleans, where I am certain of finding C. Found K. at Norfolk, ,and S. at Wilmington. They are both anxious to do what is right. K. wishes to wait & join S and C. on their way to Washington. As he can be believed I thought better to consent. I have caused S. to accompany me, as his influence and example may prove valuable should C. feel any reluctance to do what is required of him. Beside I do not wish to lose sight of him; he is cognizant of all the facts disclosed to me by C. My funds will not hold out until I reach N. Orleans. Owing to the destruction of Rail Roads, I have been obliged to travel several hundred of miles in hacks, at expense of fifty cents a mile, & at several points was unable to obtain transportation by their being no Qr. Mr. at hand. At every hotel & lodging house south of Richmond, have been obliged to pay nearly double Washington hotel rates.Telegraph me in care of Capt. J. H. Morre, A. Q. M., no. ten Broad St. Charleston. He is also disbursing officer, whom you can direct to furnish me with the necessary funds to enable me to proceed at once with my business. There are other persons, as you will learn from my letter, whom it may be important to fund when these named have been secured. S. C. A long letter, dated also Charleston, S. C. Sept. 4. 1865, was afterwards received by me from him, and in this was given a yet more minute detail of his researches, and of the favorable results reached, and the purpose on his part was expressed of proceeding thence to New Orleans. The following is a copy of this letter. Charleston S. C. Sept. 4.1865 Brig. Gen. Holt. [*6939*] [*181*]Judge Adv. General. Dr Sir. On the 1st inst. at Columbia, I prepared a letter for you, detailing my proceedings to find and procure the attendance of Campbell, Key, and others, and on the same day telegraphed you othat two of them had been found. On reaching the Post Office with my letter, I learned that there was no regular mail from Columbia, and that any letter might not be dispatched for ten or twelve days. The letter is now so worn out from being carried in my pocket from that point to this, that I am under the necessity of writing a new one. I met with considerable difficult in finding Key and Luevel, and found it no easy matter to win their confidence and obtain their consent to become witnesses. I ascertained at Richmond that the former as at Norfolk, Va, and the latter at Wilmington, N. C., and that Campbell had gone to his former house in New Orleans. Iresolved to endeavor to secure Key first, and soon after reaching Norfolk, found him. At first he denied all knowledge of any plots for the assassination of the President and his cabinet; but when I disclosed to him the source of my information, charging him with such knowledge, and assured him that Campbell and other of his acquaintances were to be witnesses for the Government, he admitted his knowledge, & stated the facts at large. (which are substantially the same as stated to you as learned by me from Campbell,) and consented to become a witness if Campbell could be induced to become one also. He is unwilling to testify to what he knows, unless Campbell and others will do likewise, as he fears and dreads being despised and called a traitor by his friends. He was not willing to accompany me to Washington, or make a deposition until certain that Campbell — a model of all the virtues with him — would do the same. He promised to join me on my way north with [*6940*] [*182*]Campbell, and I am perfectly satisfied - indeed I know, as far as it is possible for one to know anything - that he will do so. You need not apprehend that he cannot be found when wanted. I have more reasons than I need trouble you with for knowing that he may be depended one. On leaving Key, I proceeded as directly as possible to Wilmington, where after much running and trouble, I found Snevel. The latter is very bitter against Davis and his leaders, and is exceedingly anxious to give his testimony and procure that of others to convict him. He, (Snevel,) has been ruined by casting his fortunes with the rebellion, and hopes, I imagine, to retrieve some of his losses by becoming a loyal citizen and witness for the Government. He is s very intimate with Campbell, and boasts of much influence over him. As he appeared reluctant to go to Washington without others to corroborate his statements, I proposed that heshould accompany me to New Orleans for Campbell — not that I believe that his influence will be necessary, (although possibly it might,) to induce Campbell to become a witness, but, principally, because I do not wish to lose sight of him. He is now without business and without money, and might in my absence accept an engagement which would carry him beyond our reach. He assures me that he knows of two other persons in Maryland who will make important witnesses. I trust that any proceedings in regard to him will meet your approbation. I have not been able so far to pick up any thing more damaging to Clay. Indeed I wish to get one case safe first. Owing to the destruction of many of the Railroads in this part of the country, I have been obliged to make round about courses, and ride back and forth many miles in hacks. From Wilmington I started for New Orleans, intending [*6941*] [*183*]to go via Florence, Kingsville, and Augusta; but on reaching Kingsville I was astonished to find that the cars proceeded no further, and that the remainder of the distance to Augusta would have to be travelled in hacks. Being near Columbia, and anxious to visit some acquaintances in that city, and believing I could do so without loss of time or extra expense, I proceeded to that point - from which I telegraphed you - determined to make for New Orleans, via Orangeburg and Charleston. Here I arrived yesterday evening. The whole distance from here to New Orleans can be travelled by rail, except about fifty miles, which must be made in hacks. I propose to proceed thither the moment I hear from you and receive the necessary funds. Over some of the Rail roads I was obliged to pay fare, there being no Q. M. at hand to furnish me with transportation, and it being less expensive as well as saving time, to pay fare rather than to wait the return of the Q.M. and pay board. Board and lodging at the South is at a very high figure, being charged for at rates far exceeding that of the Washington Hotels. Travellers are outrageously imposed on at every step; the excuse for the extravagant charges being the scarcity of provisions and so forth. For these reasons my fund is reduced to a few dollars, and I shall reqire more before proceeding on my business. When I left Washington I had strong expectations of finding all the witnesses named, at or near Richmond, and believed that I had more money than sufficient to enable me to secure them. Therefore I took the liberty of sending $50. of the amount received from you, to my family, knowing that they would need some during my absence. I have economized as far as possible, and have kept a minute account of my expenditures, which I am confident you will approve. I have set my heart upon producing witnesses and testimony [*6942*] [*184*]sufficient to convict Davis & Clay, and with what I have already secured I am sure that I shall succeed. The statement that Snevel make to me is ever stronger than that made to me (and repeated to you) by Campbell, and there is not the slightest doubt of my securing the latter. I have telegraphed briefly the result of my proceedings, and requesting the necessary funds; and shall be momentarily expecting the needful instructions, & c, to enable me to fully accomplish my undertaking. In haste, very respectfully your abt. servt. Sanford Conover. From Charleston, S. C on the 6th Sept. 1865, he sent me the following telegram. Brig. Gen. Holt J. A. Do answer my dispatch of the 4th inst. Has it been rec'd? It is very important to the Gov'tthat I be instructed and enable to proceed on my mission immediately. I hope to receive answers by or before evening. Direct W. E. Harrison, Charleston Hotel — not being prudent to be known here under my own name. Sanford Conover He did not further correspond with me until after his return to New York, from which city on the 10th of October, 1865, he wrote me at length as follows: New York Oct. 10. 1865 Brig Gen. Holt, Judge Adv. General. Sir: It affords me pleasure to report that my efforts to find certain persons as witnesses for the Government, have been crowned with complete success. Campbell & Snevel and a Mr. Waddell, of whom I knew nothing when I started on my mission, and now with me in this city. Key is in Norfolk ready to join us at a moments notice, while another person [*6943*] [*185*]named Wright, also unknown to me when I left Washington, will report to me at Washington on the 20th inst. I experienced much difficulty in finding Campbell, and more in inducing him to accompany me. He has no sympathy for Davis, on the contrary feels quite bitter against him, but he dreaded and still dreads the obloquy and alienation of his own friends, which he thinks the betrayal of Davis' part in the conspiracy certain to provoke. Having determined to take the stand, he is anxious that his testimony be corroborated as far, and by as many as possible, and that everything proper may be done to ensure Mr. D's conviction; because his acquittal, or even his conviction, on the testimony of two or three witnesses, would afford his (Campbell's) friends and the public at large grounds for suspecting that he, with the other witnesses had been suborned and had sworn falsely. So sensitive [and] and anxious is he on this point, that he insisted on at once visiting New York, where, he assured me, he should find afriend who "could if he would furnish evidence o fht emost positive character"; and that if this friend could be induced to become a witness, he himself could do so without the slightest reluctance or fear of the result. For this reason I came on to New York with him— Keeping the other witnesses with me for several reasons. Who this "friend" is, or the nature of the evidence he is able to furnish, Campbell declines to inform me, answering all my importunities with the assurance, that if he cannot induce him to become a witness, it would be useless for me to try to do so , and that he could not, without an unpardonable breach of faith, disclose any thing which might [be] possibly place his friend in an unpleasant position without his consent. Our enquiry here for this "friend," he was found to be in Canada, whence he will return on Saturday; and, as Campbell is so persistent in his determination to see him before making his own deposition, I think better to afford him the opportunity. I shall [*6944*] [*186*]be prepared to ascertain precisely who the mysterious "friend" is, in case he declines to join Campbell in becoming a witness for the Government. [*X*] The witness mentioned by me include all that I have so far obtained; but my investigations have led to the discovery of another plot, approved by Davis, for the murder of the late President, quite as diabolical as the one which resulted in his death. The witnesses to establish this charge, one of whom is a Miss Alice Williams, who was commissioned in the rebel army as a Lieutenant, under the name of Buford, the would be Charlotte Corday-except that she proposed to employ poison instead of a dagger,- being mostly females, I thought better not to produce them without conference on the subject with you; besides, I have as many in hand as I can well manage. The particulars of this plot and the evidence to be relied on, I shall not attempt to disclose till I see you. I shall leave here for Washington on Sunday evening with thethree witnesses now in hand. Any instructions or suggestions you may desire in the meantime to address me by letter or telegraphy may be sent to the Madison Avenue Hotel, corner of Madison Avenue & 27th Street. Your obt servant Sandford Conover. He did not come to Washington at the time promised in this letter, but did so later, arriving about the close of October and bringing with him two men calling themselves William Campbell and Joseph Snevel, and who, under these names gave their depositions at the Bureau of Military Justice on the 4th day of November, 1865. On, or soon after Conover's reaching Washington, he addressed me a note bearing date November 1th, 1865, as follows:— Washington, D. C. Nov. 1. 1865 Brig. Gen. Holt. Dr. Sir. I reach here yesterday with Campbell and Snevel, [*6945*] [*187*]Another who was to have joined us here is in Baltimore, and I shall run up for him this morning. The above named prefer not to report to you in person without me, but will appear at any hour you may name tomorrow. Please send me a note to the National Hotel that I may receive it this evening, stating the hour upon which I shall produce the witnesses for examination. The death of one of my children prevented my reaching here last week, and the witnesses were unwilling to appear without me. Your obt serv't S Conover After the taking of the depositions of Campbell and Snevel, Government of New York, whence he returned to Washington, bringing with him a man calling himself Farnum B. Wright, who, on the 23rd of November, 1865, also gave his deposition before the Bureau of Military Justice. The witness John McGill, heretofore referred to, having stated inhis deposition that a man named Carter was present with him at the interview he had with Clement C. Clay and Captain Kennedy in Canada, in relation to the assassination of the President and certain other distinguished officials of the United States Government, I engaged Conover to proceed to Canada for the purpose of finding and bringing to Washington this man Carter, with a view of taking his deposition; and he left Washington under a promise that he would do so. Farnum B. Wright having alleged to me that a man named Patten — whom he had averred in his deposition to have been present with him and others at an interview with Jefferson Davis, when he abduction, and if necessary, the assassination of the President were discussed and determined upon resided in St. Louis, and that he believed— he could find him and secure his attendance as a witness, I employed him as an agent of the government to go to St. Louis for that purpose. This I did after a conversation with him in Washington, and after receiving [*6946*] [*188*]from him the following note: New York Dec. 5. Gen Holt. Dear Sir I arrived in New York this morning. I have overhauled my papers— could not find the paper that contained the number, of the house that Mr. Patten lives in, but I am quite sure I can find him as I know the street. If you want me to go after him, I am at your service. Send me what funds you think I will require and I will start immediately. Direct your letter to the Westchester House, cor. Bowery and Broome St.— to be left at the office till called for. P. S. If you don't require my services to go to St. Louis, please send some money without fail, and oblige, F. B. Wright Among the persons named as present at the interview which FarnumB. Wright, Patten, and others were said to have had with Davis, was a man called Lamar. This person, William Campbell — whose deposition has been referred to— stated he knew; that he was in Canada, and that he believed he could prevail on him to come to the United States, and give his testimony; and he offered to go to Canada for that purpose. I accordingly engaged him. He set out, and after the lapse of some time wrote me from St. Albans the following letters:— St. Albans. Nov. 15. 1865 Brig Genl. Holt. Judge Advocate General Dr. Sir. I hope you will excuse my long silence, but I thought best not to write until I had something to write about. I have not received no answer to either my letter or telegraph, but I saw a friend of Lamar's in St. Albans last night, [*6947*] [*189*]who tells me that he (Lamar) was going to leave Canada soon — he could not tell how soon. He said he had left his old stopping place, and he thinks he is poor, and I think that accounts for my not getting an answer to my letter or dispatch. I fear that he has not received there. I propose to go— (or send some one) to Canada, to hunt him up. If this meets your approbation, you will please telegraph me at once. I telegraphed to you this morning for the necessary funds to carry out my ideas, which I hope will prove satisfactory to you. I shall anxiously await your answer, and hoping it will meet my ideas, I remain your most obt servant, William Campbell. Weldon House, St. Albans, VT. St. Albans, Nov. 24. 1865.Brig Genl Holt. Judge Advocate General, Dr. Sir; I am in receipt of your letter of the 21st. You appear surprised at my inability to get your draft cashed; — not more so than I was myself. The banks here evince no desire to accommodate the Government. At first they appeared to doubt my authority, and when I satisfied them on that point, they said they did not care to have any thing to do with it; they did not see they were going to make anything by it. The St. Albans bank says they have moneys to the amount of four or five thousand dollars standing out in that way that they cannot collect, and do not care to negotiate any more. The First National Bank referred me to the St. Albans, as that Bank had done a great deal of business with the Government, and they (the First National) felt themselves under no obligations to the Government or the War Department. Even your check I had to have signed by a resident of the place before I could get it cashed. Enclosed please find duplicate recpts. signed. Since my last, I have recd, a leter form Lamar appointing a meeting [*6948*] [*190*]in Boston where he is at present. I will start for there tonight or tomorrow morning. Hoping my next will be more encouraging, I remain, Very respt. Your most obt. servant, William Campbell. On his arrival at Boston, he addressed me as follows: Hancock House, Boston, Nov. 29th 1865, Judge Advocate Genl Holt, Dr Sir; I have seen Lamar today. I think everything is all right — he will give me an answer tomorrow. We will start for New York about Saturday, where we will stop for a few days as Lamar wants to see some friends that are stopping there. I did not write to you on my arrival, as I expected to see him sooner. I will have to draw on you again this week. You may expect us in Washington about the last of next week. Please telegraph on recpt. of this, as I shall start for New York on Saturday.8 Very respectfully Your obt. Servant, William Campbell. Subsequently I was assured that Lamar, on his arrival at New York, had declined to come to Washington to testify, and had left the United States for Cuba. Still later I was advised that this statement was a misapprehension superinduced by a false representation of Lamar's, and that he had in point of fact come to Washington but refused to give any testimony. I never saw him and whether such a man existed, I have no means of certainly determining. On the 28th November, Conover wrote me from New York, as follows: New York, Nov 28/65 Brig Genl. Holt. Judge Advocate Genl. Dr Sir: I did not until this morning succeed in seeing McGill and getting the necessary directions for finding Carter. I shall leave by the next train for Toronto. I shall not only find Carter but I think other [*6949*] [*191*]witnesses as well. If Wright becomes able to leave for New York before my return to Washington I hope you will see that he is fully reimbursed for expenses, &c. His travelling expenses from Charleston to Washington and afterwards from Washington to New York to find me, were defrayed entirely by himself. But for appearing as a witness, he would have sailed directly from Charleston to Halifax N.S. If he comes to New York before I return to Washington, Snevel will see him and make it agreeble for him to remain until he can be used as a witness. He has already satisfied me of his willingness to do so if his extra expenses can be paid by the Govt. Presuming that I should return to Washington before he would be able to leave, I made no arrangements about his hotel bill in case he should wish to leave before my return. I trust therefore that besides causing him to receive his travelling expenses, see that he has enough to pay his bill at the Hotel. I am confident that I shall be able to produce at least two other witnesses against Davis, not less important than those9. you have seen, and I therefore feel the necessity of making everything as satisfactory as possible to those already in hand that they may not at any time be found wanting. In great haste Your obt. servt. S. Conover. His next communication was from Montreal under date of 8th Decr 1865, of which the following is a copy. Montreal, Decr. 8. 1865. Dear Sir; I have found Carter at last. My search for him in Toronto revealed the fact that he had changed his abode to Montreal. I doubted the propriety of my coming here, but knowing the importance of securing the party, I determined to take the risk. I found Carter yesterday, made his acquaintance, &c., but only two hours ago did I disclose to him my mission and propose that he should accompany me to Washington, &c. [*6950*] [*192*]He consents, and assures me that he knows of a score who will testify, if requested, to facts more important than he can speak of. He agrees entirely with McGill except that he can go a little farther. I think I can promise more than Carter–I shall see. The Rebs. know of my presence, and I am informed that I will be arrested again. "To be forewarned is to be forearmed–" and I can reckon myself safe. I shall leave if permitted this evening for Toronto again, where Carter assures me there are a dozen who will become witnesses in the matter in question. I called on Mr. Perkins, an eminent lawyer, – some months ago counsel for Hon. Joshua Giddings, Consul Genl. here, in a prosecution against him, – and have been fortified by a knowledge of my rights under the laws of this Province; and on the strength thereof, think I may consider myself safe. Resply. Your obt. servt. S. Conover. Brig Genl Holt. Judge Advcte. Gen.10 Afterwards Conover telegraphed me from Montreal as follows: Dated Montreal, Dec. 13th 1865. Received at Wash. Dec 13th. To Brig Genl Holt, Judge Advocate General. Have just returned from Quebec. Have three (3) very important witnesses. Require more funds. Send me one hundred (100) dollars by Express in care of D. Y. Irish. Shall return the moment I hear from you — Expect another witness here. Answer this dispatch, care of Mr. Irish. S. C. On the 20th of December, he wrote me at length from Montreal, professing to give much in detail the very important testimony he had discovered, the character of the inquiries which had led to its discovery, together with the names of the witnesses. This letter, which he stated he would send by the witness Carter, came to me through the mail, accompanied by a note from Carter, dated New York, Dec 27th 1865 — of which note and letter [*6951*] [*193*]the following are copies: New York, Dec 27th 1865 Sir: I send you from here a letter given me for you by Mr. Conover. I expected to stop in this place only one day, but I want to see Mr. McGill before coming to Washington and he is in Providence and will not get back till Saturday – and I will wait for him and come on next Tuesday. It may be necessary for you to have Mr. Conover's letter before I come, so I will send it to you by mail. Yours respectfully Wm H. Carter. Montreal, Dec 20th/65 Dear Sir: Agreeably to my promise in my note of yesterday morning, I proceed to report more at length my proceedings under my late mission. Other business prevented my writing last evening; and I shall not leave here for Toronto until this evening. You will receive this letter at the11 hands of Carter, whom I deem it advisable to forward from here at once, as he is anxious before making a deposition to see McGill and "compare notes," as he expresses it, in order that there may be no unnecessary discrepancy in their testimony. His statement does not differ in the least, if my memory serves me well, from McGill's deposition, except that he recollects one very important fact and occurrence which McGill must have forgotten or inadvertently omitted to disclose. Carter, who is quite intelligent, is confident that he can refresh the memory of his friend and make him recollect all that he does himself; and I think it very important that he should do so. The next witness I have in hand is named Mott. Like McGill and Carter he was seduced into hostility to the United States by extravagant promises by Clay and other prominent rebels. I cannot undertake to give you more than a brief synopsis of his statement. He knew Clay quite well — was several times present at his room when the [*6952*] [*194*][12] subject of raids on the frontier was discussed, and had one private interview with Clay on the subject. This interview was just after the St. Albans raid, and Clay, among other things, expressed dissatisfaction that the raiders had not burnt more houses and spilt more blood. He said that in such a war Yankees should be killed wherever found whether they had arms in their hands or not. In November 1864, a few days after the election returns rendered it certain that Lincoln had been re-elected, he called on Mr. Clay with a letter, (of which he has shown me the original draft,) written by a Mr. Purcell of Virginia, proposing by a "grand blow to relieve the country of the seven-headed Hydra Lincoln, Hamlin, Johnson, Stanton, Seward, Grant and Sherman," if he (Clay) would furnish the necessary funds for the purpose. The letter contained assurance that the men for the enterprise were already enlisted, and promised that if Clay approved the proposition to lay before him in full the plan for its execution. Mott admits that at the time he12. intended to enter into the scheme with Purcell, but avers that he then believed it would be honorable warfare. The letter to Clay was dictated by himself and Purcell, jointly, in his own room, but was, as the original is, in Purcell's handwriting. Clay on reading the letter enquired why Purcell did not call himself, and remarked that he had been wishing for several days to see him, and added, laughingly, that he had begun to think he had gone over to the Yankees. Mott explained why Purcell did not call, whereupon Clay wrote a reply to the letter. Mott being interested in the affair the same as Purcell, opened the reply as soon as he left Clay's presence. It assured Purcell that his patriotic purpose was heartily approved, and that if on a submission of his plan the scheme appeared practicable, the necessary funds would be advanced and that he (Purcell) would, if successful in destroying the great Hydra, be honored as the Hercules of the age. The letter requested that Purcell would call and submit his plan as soon as possible, as the scheme had been [*6953*] [*195*] proposed before, and various plans for its execution had been suggested and were under consideration, and that he(Clay) intended to approve, and adopt, the one which should most clearly appear feasible. Two or three days later, Purcell and Mott called on Clay and laid their plan before him; but after giving it consideration he declared that a plan had been proposed, in his opinion, more practicable than theirs, and that, while he was obliged to reject their plan, he desired them to unite with others in executing the one approved by him — and he promised great honor and reward if they would do so. They proceeded far enough to become acquainted with the "more practicable" plan, which was finally abandoned. In this condensed report of Mott's statement, I have of course been obliged to omit most of the details and circumstances necessary to give full force, intelligence and application to his representations; but I trust I have given enough to show that he will make a valuable witness. Mott is confident that Purcell is in Toronto, and that he will readily give his13 testimony and produce Clay's letter to which I have referred. The next witness is a Mrs. Douglass, who for many months was intimately associated with leading rebels in Canada, and a friend and visitor to the Porterfields, Macgruders and others of their stamp. Her husband who was devoted to the rebel cause was sent by Clay on a mission to Richmond, and is believed to have been killed in his efforts to get through the Union lines, as he has never since been heard from. Mrs. Douglass, however, will not believe him dead, but thinks him in confinement in some federal prison, and will give her testimony only on condition that her husband if in prison shall be released. I am certain Douglass is not in prison, but I have not, under all the circumstances seen fit so to assure Mrs. D. Before being sent on his mission to Richmond and about the middle of November 1864, Douglass was engaged with Clay and others in a plot to assassinate the President and his Cabinet. The conspirators met two or three times at Douglass' residence, and the plans for its execution of [*6954*] [*196*]their scheme was twice discussed in Mrs. D. presence. There was considerable difference of opinion amongst the conspirators as to the best way to effect their purpose — each appeared to have a plan of his own. Among other ways it was proposed to use air-guns, and the power of an air-gun was tested in Clay's presence in the rear yard of Douglass' residence. One evening Clay said that it was easy enough to put Lincoln and Grant out of the way, but that no plan would answer but one that would secure the destruction of Stanton, Seward and Johnson at the same time — that a clean sweep should be made of it. One afternoon Clay called at Douglass' residence alone. The latter was absent at the time, but as Mrs. D. was momentarily expecting him to return, Clay concluded to wait for a few minutes. The conversation soon turned upon the war, and Clay remarked that if they succeeded in cutting down the Yankee leaders, as he believed they would, the war would soon be over. Mrs. D. said to him that she was opposed to her husband engaging in such a project, that it looked too much14 like murder. Clay replied, "Nonsense, it is nothing like murder. We are at war with Lincoln and his crew — and in war everything is fair that will enable one to beat his enemy. Lincoln would hang your husband and me if he should get us in his power, and I would like to know if it would be any worse for us to destroy him. Besides self-preservation and the safety of the South demands Lincoln's death." He went on to say that Yankee emissaries had previously attempted to destroy President Davis and his whole family by arson— and that that fact would fully justify the measures he proposed. Douglass afterwards quarrelled with Kennedy and withdrew from the enterprise and was subsequently sent by Clay with dispatches to Richmond. In the early part of December Mrs. D. visited Montreal, and while there stayed most of the time at Porterfield's and Macgruder's; and just prior to Clays departure from the Province — to wit on the 8th day of December — had an interview with him in which the assassination plot was one of the subjects of conversation. [*6955*] [*197*]To recount all or even a tithe of what was said on these various occasions, would occupy more time and space than I have at my disposal, but I have given enough to the great importance of this woman's testimony. Clay and Thompson both violated their promises to "provide handsomely" for Mrs. D. during her husbands absence, and in case of accident to him, and she is now obliged to teach music for the support of herself and children. Having been robbed of her husband and treated with neglect by these scoundrels, she feels no reluctance in disclosing all she knows of their infernal machinations. These witnesses are all of genteel appearance, and give their statements with becoming frankness. I have been careful to select none but persons of unsullied reputation. The world select I use in its most comprehensive sense, for I have had nearly a score of persons from whom to choose. I have rejected all whose character for veracity or general character could be assailed. Several have made statements to me which I believe, and have many reasons for believing, to be true, and which,15 if true, should consign Clay to the severest and most ignominious punishment known to the law, but on inquiry into their antecedents and present standing I have felt constrained to reject them— saying to them that I might avail myself of their knowledge by-and-by. My mission has brought me in contact with four sorts of persons who could be used as witnesses. First, the kind I have engaged. Secondly, persons undoubtedly possessed of much knowledge, whose present character and standing could probably be assailed to the destruction of their testimony. Thirdly, persons in good standing who pretend to know much and are ready for a consideration to swear to anything and everything, when in fact they know, as I satisfied myself, little or nothing. Fourthly, persons who evidently possess considerable knowledge, and claim to have important letters and papers, which they are unwilling to disclose except for a valuable consideration. Believing that I shall be able to obtain a sufficient number of witnesses of unquestionable integrity to establish [*6956*] [*198*]Clays criminality. I have not felt at liberty to engage any persons who might possibly be impeached. Yet I am free to declare that of the persons I have rejected, there are at least three whose statement under oath I would myself receive with as much confidence as i would the testimony of any of the members of the present Congress. They are, in common phraze, persons of doubtful character, that is to say, men who visit groggeries, brothels and gambling-halls, and do it so publicly that every one who will many know it, and point to them as "doubtful characters"; men who have been ruined by the war, who have been deluded and led away by Clay and his associates, and when of no further use abandoned— like worn-out horses, in Canada — to live by their wits, or starve and die in the gutter; — yet men who never have, so far as I could learn, robbed or stolen or swindled, and would not to save their lives, — men who notwithstanding their iniquities, would not perjure their souls or sell their honor for a moderate sum, much less for a trip, a laborious journey,16 to Washington and back. I have rejected them only because I know there are plenty John Bull Canadians, enemies of the United States, who applauded these men while they were in the rebel service, who would, if they knew of their being witnesses for the U.S. Govt., against Clay or other high rebel functionaries, come forward to impeach them, and unhesitatingly swear to whatever might be necessary to do so. Still, I presume an equal, if not greater number of equally respectable persons could be produced to sustain them. But in view of these facts I know not how to act in regard to them without further instructions. I shall leave for Toronto this P.M., and from the representations of Mott and others have little doubt but that I shall find Purcell and be able to produce him and Clay's letter, to which I have referred. I am also of the opinion that I shall find several other unexceptionable witnesses. I hope to receive a letter from you at Toronto, giving me such further instructions as you may deem proper. Direct to G.W. Montague, Queens Hotel, [*6957*] [*199*]and if convenient seal with wax — black wax. My letter has become quite lengthy, but I need not assure you that I have written rather for your information than my own pleasure. Resply, your obt. Servt. S Conover. On the 13th January following, Conover telegraphed me from Albany, N.Y., as follows. Genl Holt J. Ad. Genl., I have just arrived here from Kingston, Canada, with four witnesses & expect another from Montreal to join me here this afternoon. My friends are exhausted. Please telegraph A. Van Allen, of first National Bank here, a request to cash a draft on you for one hundred twenty five (125) dollars, that I may leave here this evening. Will reach Washington on Monday. S. Conover.7. He afterwards arrived in Washington bringing with him two females calling themselves Sarah Douglass and Mary Knapp, whose depositions were taken at the Bureau of Military Justice on the 6th of February 1866. A few days thereafter Conover brought to this Bureau, the witness W. H. Carter, the man in quest of whom he had gone to Canada. This person under the name mentioned, gave his deposition on the 9th of Feby, 1866. Yet later Farnum B. Wright and Conover came to Washington bringing with them a man calling himself John H. Patten, who under that name, gave his deposition at this Bureau on the 24th of Feby. 1866. There was nothing in the previous history of Sandford Conover, as known to me, to excite my distrust either in his integrity, in his truthfulness or in his sincerity with which he had made his propositions to the Government, that led to his being employed as an agent for the collection of the testimony which was supposed to exist in [*6958*] [*200*]reference to the assassination of the President. On the contrary, there was much in his intelligence — which was marked and striking — and in his apparent frankness and his known connection with important sources of information, to inspire faith in his professions and promises. There was much also to inspire this faith in his correspondence with me, as already exhibited, while apparently engaged in the performance of the difficult and responsible duty imposed upon him. That correspondence was characterized by unusual intelligence, by great variety of detail, and by a naturalness which seemed to protect it from criticism; and my confidence in his testimony was strengthened by my knowledge that it was in accord with, and seemed to be, in a large degree, a natural consequence from, other facts which had been testified to as having occurred in Canada by witnesses known to the Government, and whose reputation has not been, and cannot, it is believed, be successfully assailed. Under the passage of the Resolution 18. of the House of Representatives appointing a committee to investigate and ascertain what testimony existed in regard to the complicity of Davis in the assassination of the President, I appeared before this committee in obedience to its summons, and gave my testimony and produced before it the depositions to which I have referred together with the reports which I made, and which reports with the opinions therein expressed upon the questions involved, were based upon these depositions, and upon the other proofs therein presented and communicated on — upon which proofs these depositions were but cumulation, though strongly so. Decided however as was my confidence in the truthfulness of these depositions, I was not willing that the Committee should accept my estimate of them or base any action of their own solely on that estimate. Hence I urges — certainly the chairman, and I think another member of the Committee, that I should be directed, or requested, to bring before them the more important of these witnesses produced by Conover, who [*6959*] [*201*]were believed to be within the reach of the Government, in order that by their cross-examination, their bearing while testifying, and by such other tests as they might be subjected to, the Committee should be enabled to determine for themselves what degree of credit their evidence is entitled to. In consequence of this suggestion of mine, and of its having been repeated and urged, I received the direction of the Hon. Mr. Wilson chairman of the Committee to send for these witnesses, or the more important of them. I accordingly sent to the city of New York Brevet Col. Turner, Judge Advocate, giving him, as I now remember it, the names of Campbell, Snevel, McGill, Wright, Patten and Mrs. Douglass— these being the witnesses that I had reason to believe might be obtained within a reasonable time. It is barely possible that the name of Patten was not embraced in this list, owing to my supposing him to reside in Saint Louis; but the most important of the witnesses were certainly included. Col. Turner, on proceeding to New York, had an interview with Campbell, — who has19. been repeatedly referred to by me; and in a conversation with Col. Turner, Campbell declared that the testimony which he had given in his deposition before the Bureau of Military Justice, was false and that it was fabricated by or under the supervision of Sandford Conover. This I learned from Colonel Turner; and I learned he made the same statement, at the same time, in regard to the testimony of Snevel, and expressed the opinion that the other witnesses who had been produced by Conover, and also sworn falsely and under assumed names. Colonel Turner brought Campbell on to Washington, and I then suggested that Mr. Wilson, Chairman of the committee should telegraph for Conover, in order that he and Campbell might be confronted in their examination, and opportunity thus afforded the committee of determining the question of credibility at issue. Conover accordingly came and went before the Committee, and while undergoing examination there, Campbell was introduced, and having been sworn, he stated that his deposition given before the Bureau of Military Justice [*6960*] [*202*]was false in all respects, and was wholly and completely the fabrication of Conover, who then being present, replied, under oath, that this declaration of Campbell was untrue, but declined to offer any explanation. After, however, Campbell had been withdrawn, Conover suggested to the Committee as a reason why he (Campbell) had made his statement, that he had probably been corrupted and supposed he could make more by falsifying his former testimony than he could by sustaining it. I said to Conover, immediately after his examination closed, that I was utterly astounded at the evidence Campbell had given. His reply was 'You cannot be more so than I am.' I then added —You see the position in which you are placed; now if what is charged against you is false, your only mode of vindication is to bring before the Committee the witnesses whom you produced, and whose depositions were taken before the Bureau of Military Justice, in order that they may be examined and re-affirm their testimony. He said he would proceed to New York with the officer of the Committee, and assist20- him in finding the witnesses, and would, as I understood him to say, return with them to Washington. He left, as I was told, with the officer of the Committee, but on arriving at New York separated himself from him, and was not seen by him afterwards, and up to this time — although some two months have elapsed — he has not communicated with me, nor has he made any effort, as I believe, to produce the witnesses, nor has he offered any vindication of his conduct. This action of his, added to the declarations under oath of Campbell, followed up as they were afterwards by the testimony of Snevel, as to the utter falsity of the depositions which he and Campbell had given, has left a strong impression on my mind, that Conover has been guilty of a most atrocious crime— committed under what promptings I am wholly unable to determine. I employed him under no contract for any stipulated compensation. He had no reason from me to believe that he would receive more for his labor in the event of his success, than in the event of his failure to discover the testimony which he [*6961*] [*203*]alleged existed; nor had he authority to give to the witnesses any other assurance than that they should not be personally compromised by speaking the truth. He only had reason to believe and was so assured, that all expenses would be paid and that a fair compensation for the services performed — both in view of their importance, and of the extreme danger to which it was supposed they might expose him — would be made, but nothing beyond this. Although but two of the witnesses — to wit: William Campbell and Joseph Snevel have been found and produced, and have declared the falsity of their depositions, yet considering the conduct of this agent of the government, as exposed and explained, it is believed that the same discredit which seems to attach to these two depositions of Campbell and Snevel, should attach to all the testimony given by the witnesses brought to the Bureau of Military Justice for examination by Conover. Both Campbell and Snevel were subjected to a rigid cross-examination by the Committee in reference to their past lives, the places of their residence and business, the names of their employers, &c. — extending through a series of years,— the purpose being through21 inquiry into the particulars furnished by their answers, to test the accuracy of the statements upon these collateral matters, and thus arrive at a proper estimate of their general credibility. The narrative thus given by Campbell of his past life has, I learn informally from a member of the Committee, been found to be false in many particulars. It is not known that the sketch given by Snevel of his life has, as yet, been submitted to the same test. While this investigation in which the Committee is engaged may result in impairing or even destroying the general credibility of these witnesses, I deem it my duty, with the convictions I entertain — produced in large degree by the conduct of Conover — formally to withdraw these depositions for the present from the consideration of the government; and should nothing hereafter occur to remove these convictions, the depositions, with your consent, will be wholly rejected. The witnesses whose depositions under this view are withdrawn, are the following: John McGill, William Campbell, Joseph Snevel, Farnum B. Wright, Sarah Douglass, Mary Knapp, W. H. Carter, and Jno H. Patten. [*6962*] [*204*]Of these witnesses McGill was mentioned by name in the Report of this Bureau to yourself under date of 6th December, 1865, while John H. Patten, W. H. Carter, Sarah Douglass, and Mary Knapp were referred to by name, and their testimony commented upon, in the supplementary Report to yourself under date of March 20, 1866. In the Report to yourself of Jany. 18. 1866, the names of Farnum B. Wright, Mr. Campbell, and Joseph Snevel were not given, because it was supposed that the report might be sent to Congress, and in the then condition of the investigation, it was not deemed advisable to make the names of these witnesses public; their testimony however, was given at length, with the dates of their depositions, with the fact that they had been taken before this Bureau. The recognition, therefore, of the testimony assailed and now withdrawn, will be certain and easy on examining these several Reports, a careful study of which excluding from consideration this rejected evidence -will serve to show how strongly and impressively the findings of the Military Commission against Davis, Clay, and others, are supported by other oral and written proofs, which, though denounced by traitors and those sympathizing with the rebellion, had not been successfully contradicted. It is proper to remark that no discredit has attached to the numerous depositions and affidavits taken before this Bureau and elsewhere, for the purpose of proving the presence of C. C. Clay in Canada in the winter of 1864-65, and in the early spring of the latter year. With these depositions and affidavits Conover had no connection whatever, and the confidence originally entertained in their truthfulness remained unshaken. The history of Sandford Conover's agency and its results has been given thus circumstantially, in order that you may discard the testimony produced by him from consideration, and also in order that you may understand [*6963*] [*205*]under what constant encouragements and apparently trustworthy assurances the inquiry committed to his hands was continued on my part. These explanations have been made by me as a witness before the Committee on the Judiciary, substantially as presented in this Report, and, in large degree, as the same language here in employed. All of which is respectfully submitted. J. Holt. Judge Adv. General. [*"The Conspiracy to Hang Jeff Davis"*] [*not for to-morrow send proof to Putman*] War Department, BUREAU OF MILITARY JUSTICE, Washington, D.C., Sept. 22d, 1866 Mr. James Gordon Bennet, [*10*] Sir. In the Washington Correspondence of the New York Herald of yesterday are found two letters, one purporting to have been written to myself by S Conover, under date of "Philadelphia Dec. 13th, 1865," & the other stated to have been inclosed in the former, & purporting to have been written by M. N. Harris to "Friend Conover" under date of "Harrisburg, Dec. 11th 1865", which letters are offered in support of an atrocious calumny heretofore published against me by this same correspondent, & from which my "vindication" has appeared in the Chronicle of this city & other journals; and I am now "challenged to deny the genuineness & truthfulness of these letters." In reply, I declare that until I saw these letters in the Herald of yesterday, I had never seen or heard of them, or of either of them, or of their contents; nor were these letters or either of them, or the subject matter of either, or the man Harris, ever alluded to by Conover in his correspondence or in any of his numerous personal conferences with me. I pronounce them therefore to be base fabrications, made for the purpose of adjustment to my note to Conover under date of 15th Dec. 1865, with a view of giving to that note a totally unwarrantable signification. That note is alleged by your correspondent to have been written in reply to Conover's pretended letter [*6963a*] [*205a*] to me of "Philadelphia 13th, Dec. 1865," which allegation iswholly untrue. This note of mine, on the contrary, was in answer to a telegraphic communication — called, it seems, by me a "letter" — sent to me by Conover from Montreal, under date of "13th Dec 1865," in which it was stated that he was there with three very important witnesses, & expecting another, & required more funds, & asking a remittance; and the $150, mentioned in my note, was inclosed to him to meet necessary expenses in bringing these four witnesses, with himself, to Washington. Neither the note itself nor the remittance had any other object than this, except the simple one of urging his speedy return to Washington. Thus the stale artifice heretofore exposed & denounced of manufacturing letters & notes for the purpose of adjusting them to my own brief communications in order to change their import, is here revived, and this audacious work will no doubt be continued so long as the public shall show itself sufficiently credulous or gullible to give to these forged papers credit or consideration. I cannot but believe the American people too sensible & too honest to be the dupe of a trick so shallow and shameless. All imputations calling in question the strict integrity of my official action in any connection with the "Conover testimony," as it is termed, which may arise out of these papers, or from any other public action or source whatever I pronounce malignantly false in their every intendment & implication. You will do me an act of simple justice by giving the foregoing a place in your columns. J. Holt, Judge Advocate General. [*6963b*] [*205b*]Dec 3rd Rm [*No. 11.*]Washington D.C. Feby 26th, 1867 Genl. Joseph Holt. Judge Advocate Genl. USA Washington D.C Dear Sir In accordance with your instructions of the 15th of January 1867 I proceeded to Canada in search of Lewis S. Chapman. I succeeded in getting a clew to him in Windsor, C. W. I followed him thence through several places to Montreal C. E. While persuing my enquiries relative to him in Montreal, I axidentily found a paper containing a notice of his marriage in Brock C. W. Upon inquiry I was informed that Brock was near Collinwood on the Georgean Bay. This was an error as Brock is near Lake Simco about forty miles north from Port Hope, C. W. I proceeded to Brock and found the father of the wife of Chapman — Mr McClean— Mr McClain informed me that Chapman had gone to Mississippi with his wife. I could not learn definitily [*6964*] [*206*]from Mr McClain what part of Mississippi Chapman had gone to, only to some place back of Vicksburgh I subsequently learned however that he had gone to Jackson. This I learned from Wm McClain uncle to Chapman's wife. Chapman is about five feet eight or nine inches in hight dark brown hair, very full dark eyes, no whiskers, would weight about one hundred and fifty or sixty pounds. This description is given as he appeared over two years ago since which time I have not seen him. Chapman was a refugee in Canada during a part of the late Rebellion, he visited at my house in Ayr several times during the fall of 64 and occsionally in the following winter I understand that he was a soldier in Pemberton's command and was paroled at Vicksburgh in 1863, and that while in Canada he was immediately associated with Jacob Thompson Beverly Tucker and others of that class. I am with sentiment of respect and esteem Your Most Obedient Servant J B Merritt MARRIED, In Brock, C.W., on the 31st January, by the Rev. James McClary, at the residence of the bride's father, Lewis S. Chapman of Mississippi, to Jane L., [d]aughter of Robert McClain. No cards. Louisville, Ky., papers please copy. Montreal Feby 7th 1867 Dear Sir I leave here to day for Brock C. W. Our man was here on the 24th ult together with McClain They —is he— left for the west on the same evening. He left the impression on the minds of some here, that he had been living in Canada all the time and that he had not gone to the States at all. This however is a mistake for he has been in the States. I did not enlighten the minds of those with whom I [convers?e]. The above slip I cut from the Ontario Standard Brock is in Ontario County and in the vicinity of Collinwood. I shall make my way there as fast as from Mr McClain what part of Mississippi Chapman had gone to, only to some place back of Vicksburgh I sub he had gone to McClain uncle to five feet eight or very full dark eyes hundred and fifty is given as he time I have not in Canada during at my house in 64 and occsionally he was a soldier in at Vicksburgh in 186 immediately associat and others of that cla the drifted conditions of the roads will permit. And without doupt the party mentioned in the notice is out man I hope so, Genl. Carroll & Govr Wescott are quite communicative. Hoping in a few days to be able to make a favorable report. I remain Your Most Obedient Servant J B Merritt Maj. Genl. Joseph Holy Judge Advocate Genl, U.S.A Washington D.C from Mr McClain what part of Mississippi Chapman had gone to, only to some place back of Vicksburgh I sub he had gone to McClain uncle to five feet eight or very full dark eyes hundred and fifty is given as he time I have not in Canada during at my house in 64 and occsionally he was a soldier in at Vicksburgh in 186 immediately associat and others of that cla[*[Copy]*] Newmarket Junction, N. H., March 25th 1867. Hon Sir The Dec before the killing of Lincoln there was a person in correspondence with Booth boarding at the corner of E & 22nd street, perhaps that some evidence might be gleaned from that source relative to Surratt. S. P. Maybetty I think that I have the location of the place. [Address on envelope: "Secry of War Washington, D. C." Post-Mark, nor Stamp.] [Rec'd War Dept March 30th 1867 [*6965*] [*207*][*Mar 27. 1867*] City and County of New York. SS. Francis McFall, of said city, being sworn, deposes and says, that he is acquainted with Benjamin Wood, late Editor of the New York Daily News; Roger A. Pryor, late a general in the Rebel army; and Charles A. Dunham, sometimes know as Sanford Conover, of said city. That in the early part of August last, deponent was informed by said Conover that he had become involved in a quarrel with the Judge Advocate General, and that the latter was persecuting him with the vindictiveness of a fiend, and that for his own protection and to resent the hostility of the Judge Advocate General, he had joined the friends of Jeff. Davis in making an onslaught on the [*6966*] [*208*]official character of the Judge Advocate General, and that he desired deponent to aid them, assuring him that he, deponent, would be well compensated. That at deponent's request said Conover explained that he desire deponent to make and affidavit accusing Judge Holt, Judge Advocate General aforesaid, with attempting to suborn deponent to make a deposition implicating Jefferson Davis in the assassination of President Lincoln. That deponent consented to do what was required of him if he could be satisfied that he could do so without danger to himself, and that said Conover then introduced deponent to said Wood, who assured deponent that no possible harm could come to him; that it might[*3*] never become necessary for deponent to repeat his statement in Court; and that is it should become necessary there would be no one to contradict deponent. That deponent would receive two hundred dollars on making the affidavit; three hundred dollars more if it should become necessary to publish it in the papers; and seven hundred more if he should be required to repeat the statement in any judicial or official proceeding. That deponent accepted the offer, and was forthwith taken by said Conover to the office of said Pryor, where an affidavit was prepared by said Pryor, and sworn to by deponent, who thereupon received the $200 - promised, from the hands of said Wood. [*6967*] [*209*]4 That said affidavit alleged that deponent had been introduced by said Conover to Judge Holt, who endeavored to induce deponent to make deposition, implicating Jeff. Davis in the assassination conspiracy; and set out at great length a conversation purporting to have taken place between Judge Holt and deponent, in which the former endeavored to induce deponent to make a deposition, as aforesaid, and which deponent refused to do. Deponent further says, that said Holt never requested deponent to make a deposition; and that he never saw said Holt in his life. Deponent further says, that he make this affidavit without any compentsation5 or reward, or promise of compensation or reward on the one hand, and without any threat or compensation on the other; and that his only motive is to do in the interest of trust and public justice that which may be fairly demanded of him. Francis McFall Sworn to before me May 17. 1867. [*[March ?]*] Edward DeRose, Notary Public. State of New York. } City & County of New York } SS. I, William C. Connnerk, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, do honestly [*6968*] [*210*]6 certify, that Edward De Rose, before whom the annexed deposition was taken, was, at the time of taking the same, a Notary Public of New York, dwelling in said City and County, duly appointed and sworn, and authorized to administer oaths to be used in any Court in said State, and for general purposes; and that his signature thereto is genuine, as I verily believe. In testimony whereof I have hereunto set my hand and affixed the seal of said Court and County the 17th day of May, 1867. Wm. C. Conner Clerk. Rev Stamp 5¢ Seal.7 City and County of New York. ss. John Martin of Brooklyn, Kings County in the State of New York, being duly sworn deposes and says, that he is acquainted with Benjamin Wood, late editor and proprietor of the N. Y. Daily News; Roger A. Pryor, late of Virginia, and an ex-general in the late rebel army, and Charles A. Dunham (sometimes know as Sanford Conover) Counselor at Law, of the City of New York. Deponent avers that about the last of July or first of August last he melt said Conover, who, after some conversation on the general topics of the day, asked deponent if he (deponent) did not wish to do him (said Conover) a great favor, and at the same time make a little money for [*6969*] [*211*]8 deponent's self. That deponent signified a willingness and readiness to do so, when said Conover explained that he had become involved in a quarrel with the Judge Advocate General, who seemed determined to destroy him, and that he, said Conover, was on the other hand determined to resist, and, if possible, destroy his said enemy. That the hostility of Judge Holt had forced him, said Conover, for his own protection, to join the friends of Jeff Davis, who were making strenuous efforts to secure Davis's release, & that it was intended to further their said efforts by fastening upon Judge Holt the charge of conspiring to implicate Davis by means of bogus witnesses, in the assassination of President Lincoln, and9 that by this course he, Conover would be enabled to punish Judge Holt for his animosity towards him, said Conver. That he, said Conover, wanted deponent to make an affidavit stating that he, said deponent, had been introduced by him, said Conover, to Judge Holt, and that the latter had endeavored to induce deponent for a considerable sum of money to make a false deposition accusing Jeff. Davis of complicity in the assassination of President Lincoln. That after further explanation and much persuasion by said Conover, deponent consented to make the required affidavit, and was on the same day taken to the office of said Pryor and introduced to him. That said Pryor explained to deponent, as said Conover had [*6970*] [*212*]10 previously done, that Judge Holt had been striving by means of perjured witnesses to implicate Mr. Davis in the assassination of President Lincoln, and thus to destroy his, Davis's, life and reputation; and that the only way to frustrate the atrocious designs of said Holt and punish him for his inhumanity was to fabricate affidavits, which, with the bona fide and truthful evidence they, the friends of Davis, could command, would satisfy the country of said Holt's infamous conduct, and bring upon him and the Bureau of Military Justice such a measure of public condemnation as to warrant the President (who desired Mr. Davis's release) in setting said Davis at liberty. That said Pryor also assured deponent that he, deponent,11 would be liberally compensated for his services &c., & stated to deponent the sum he would receive down on signing and swearing to the affidavit, and the sums which he would afterward receive in certain contingencies. That deponent expressed a willingness to make the affidavit required and that it was arranged that Conover would call with deponent on the following day, when the documents &c. would be ready. That deponent called with Conover at the time appointed, and found the said Benjamin Wood and Pryor awaiting deponent's arrval, but the affidavit had not been prepared — the said Pryor assigning as a reason that he had not been able to make up his mind what points it was most desirable [*6971*] [*213*]12 deponent's affidavit should cover, and that therefore he wished to confer with Mess'rs Conover and Wood on the subject. That it was therefore agreed that deponent should call with Conover again on the ensuing evening. That said Wood remarked that deponent might like, as an earnest, a little pocket money, and gave deponent $50.- That deponent then departed, leaving Pryor, Conover, and Wood together. That on the following evening deponent again called as arranged, but that the affidavit had not been prepared; Pryor on this occasion making various excuses for the delay, and promising that the papers should be ready two days later without fail. Deponent further says that during this interview Conover and Pryor13 had a conversation in regard to some newspaper publications, and either Conover or Pryor (deponent does not remember which) asked deponent to copy a letter on the back of a Quartermaster's blank order for transportation, which deponent did, and which letter was a day or two later published in connection with several others in the New York Herald. Deponent further says that after leaving the office of said Pryor on the last mentioned occasion, and reflecting on what he had seen and the conversation he had heard and overheard between Conover and Pryor, deponent became satisfied that there was mischief which he could not fathom on foot, and he became uneasy lest he by doing what [*6972*] [*214*]14 they required of him, should get involved in some difficulty which might end in his destruction; and deponent therefore resolved to have further to do with the arrangements of said parties, and that deponent endeavored to keep out of their way. That said Conover, however, sought deponent and endeavored to press him to perform his promise to make said affidavit, but that deponent told said Conover frankly of his fears, and absolutely refused to proceed any further in said business. That deponent proposed to return to said Wood the said $50-, advanced by him as aforesaid to deponent, but that Conover said "No", that the money was of no consequence, and that all they, Davis's friends, would expect or ask was, that15 deponent should as a man of honor remain perfectly silent as to the business in which they were engaged and the offers they had made to him. That deponent assured said Conover that he, said deponent, would never utter one word in regard to the affair without his, Conover's consent; and that up to this time deponent has substantially kept his said promises. John Martin. Sworn to before me this 17th day of May 1867 Morris K. Barker, Notary Public, City & County of N. Y. State of New York. } City & County of New York. } SS. I, William C. Conner, Clerk of the City and County of New [*6973*] [*215*]16 York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, do hereby certify that Morris K. Barker, before whom the annexed deposition was taken was, at the time of taking the same a Notary Public, of New York, dwelling in said city and county, duly appointed and sworn and authorized to administer oaths to be used in any Court in said State, and for general purposes; and that his signature thereto is genuine, as I verily believe. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court and County, the 17th day of May 1867. Wm. C. Conner Clerk. Rev. Stamp 5¢ Seal.17 City & Country of New York. ss. James E. Matterson, of said City, being duly sworn, deposes and says, that he is acquainted with Benjamin Wood, formerly proprietor of the N. Y. Daily News; Dick Taylor, ex-general in the rebel army; Roger A. Pryor, late of Virginia, now a resident of this city; and Charles A. Dunham sometimes known as Sanford Conover, Counselor at Law in this city; and Nathan Auser, of Cold Spring, Long Island, in the State of New York. Affiant further says, that about the middle of July, 1866, he attended a meeting and conference at the office of said Pryor in Liberty Street in said City, at which all the above named persons, with the exception of said Taylor, were present; and that [*6974*] [*216*]18 affiant has read the affidavit of said Nathan Auser, hereto annexed and marked "A", in which said Auser describes what transpired, and details what was said at said meeting by said Wood, Pryor, and himself; and that the matters so set forth in said affidavit by said Auser are in all respects correct and true. Affiant further says that several days before said meeting at the office of said Pryor, he was called on by said Conover, who, after reminding him of some favors received by him at the hands of said Conover, asked affiant if he, (Conover) could depend on affiant to do him a favor — that affiant replied that he was indebted to him, said Conover, for many favors, and that if he could in any way reciprocate, it would afford him pleasure to19 do so. That said Conover then stated that the favor he required would render it necessary for affiant to stretch his conscience a little, but that the world would have no knowledge of the subject, and that affiant would get well paid for the sin. That affiant replied that he wanted no pay for doing a favor, and that he was willing to do anything which would not be criminal and involve him in difficulty. That said Conover then stated that he had been engaged in obtaining for judge Holt witnesses to implicate Jeff. Davis in the assassination of President Lincoln, and that some of the witnesses having turned out to be bogus, judge Holt had become alarmed, and in order to screen himself from suspicion and censure, had [*6975*] [*217*]20 decoyed said Conover into a trap before the Judiciary Committee, endeavoring to ruin him, and had employed to villians called Campbell and Snevel to "dog him" about town with a view of causing his arrest. That he was determined not to be crushed by Judge Holt or any other man if he could help it, and that if he had to fall he would drag his enemy down with him— that he therefore desired affiant to make an affidavit stating that Judge Holt had endeavored to suborn affiant to make a false deposition, implicating Jefferson David in the assassination and that affiant had refused. That said Conover also stated to affiant that the hostility of Judge Holt had forced him, Conover, to enter the service21 of Jeff Davis's friends, and that they were endeavoring to procure affidavits to implicate Davis, by means of bogus witnesses, in the assassination of Pres. Lincoln, and that therefore affiant would be serving them as well as himself, and that they would pay affiant liberally for the service. That said Conover then directed affiant to meet him on the following evening at the Hone House in this city, which affiant did, and afterward accompanied said Conover and a gentleman named Bishop, who was with Conover at the time, to the New York Hotel, where he would introduce affiant to Generals Taylor, Pryor, and other friends of Davis. Affiant further says that at the New York Hotel, said Bishop and himself were introduced [*6976*] [*218*]21 1/2 to said Pryor & Benjamin Wood and several other persons, whose names he does not now recollect, but that said Taylor had not arrived. That after some preliminary conversation between Conover and the other parties present, Pryor said to affiant and said Bishop, "I suppose, Gentlemen, Mr Conover has explained to you the object of our obtaining affidavits from you. The Judge Advocate General has been for a long time thirsting for the blood of Mr. Davis, and has been plotting not only to deprive him of his life, but of his reputation as an honorable man and a Christian. He has hired and paid a hoard of perjurers, who stand ready to swear away Mr. Davis's life and character, and the only22 way we can frustrate his villianous scheme is to fight him with his own weapons. By a thousand of the blackest lies ever concoted he is trying to drag Mr. Davis to the gallows, and we must therefore resort to falsehoods to thwart his purpose and punish him for his villiany. The man who would swear falsely, as the tools employed by Holt have done, to deprive a man of his life is the greatest scoundrel conceivable; but the man who is willing to stretch his conscience in swearing to matters to thwart the designs of the bloodthirsty conspirators and perjurers, and save their intended victim's life, deserves all praise. But in making the affidavits we desire of you, of course no one outside [*6977*] [*219*]23 of ourselves here, whose interest it will always be to remain silent on the subject, will ever know or suspect that your affidavits are in any respect untrue. And if we are required to make any use of your affidavits so as to bring your names before the public, it will do you no injury, as it will make you appear as honorable and honest men in having rejected the golden offers of Judge Holt to aid in his atrocious scheme. At the same time we do not wish this service from you for nothing." Affiant then further says that Pryor and Wood then explained that we, affiant and said Bishop, would receive $300- each on making the affidavits, and $300- more in case it should be deemed necessary24 to publish them or make any public use of them, and $1000- additional in case affiant or said Bishop or either should be called on to reiterate the statements in the affidavits on any trial or in any legal proceedings. Affiant further says that said Bishop and himself having consented to make the required affidavits on the terms and conditions above mentioned, it was arranged that they should accompany Conover on the next day but one to the office of said Pryor, when the affidavits would be ready for their signatures. Affiant further says that in the early part of said interview, whisky was brought on the table, around which most of those present were sitting, and that after it had been agreed by affiant [*6978*] [*220*]25. and said Bishop to make the desired affidavits, the conversation became quite general, and that it appeared from such conversation to be confidently believed by the friends of Davis that they would be able by the course they were pursuing to so far invoke popular condemnation on Judge Holt and his proceedings as to ensure the success of the movement then being made and about to be most vigorously pressed for Davis's release. Affiant further says that on the day appointed he accompanied said Conover & said Auser (the said Bishop having failed to keep his appointment to meet said Conover) to the office of said Pryor for the purpose of making the said affidavits, as agreed, and that after the refusal of said 26 Auser to make the affidavits of him and he had departed, said Pryor proceeded to read to affiant the affidavits prepared for him. That said affidavits alleged that Judge Holt had endeavored by offering a large sum of money, to induce affiant to make a false deposition implicating Jefferson Davis in the assassination of President Lincoln, and set out with great particularity conversations purporting to have occurred between Judge Holt and affiant, and the persuasion purporting to have been used by Judge Holt to prevail on affiant to make the desired deposition, which said affidavit alleged affiant consented to do, but which at the same time affiant did not intend to and never did do. [*6979*] [*221*]27 And affiant further says that after the affidavit had been read to him by said Pryor, he assented thereto, and the same was subscribed and sworn to by him before a Commissioner of Deeds or Notary Public who was brought into the office of said Pryor for the purpose, and that affiant then and there received $300- for the service. — And affiant further says that after the making of said affidavit he several times with said Conover met said Pryor and Wood, and was introduced to several other friends of Davis, including General Dick Taylor, and that several weeks after the making of said affidavit he was requested to make and did make another affidavit, which was substantially the same as the 28 first, but set our more elaborately and with greater particularity the conversation alleged to have occurred between Judge Holt and affiant on the occasion of the alleged effort by Judge Holt to induce affiant to make a false deposition, as aforesaid, implicating Jefferson Davis in the assassination of President Lincoln. And affiant further says that the affidavits so made by him were false in every respect; that affiant never received any request or offer of reward from Judge Holt or any other person to make a deposition implicating Jefferson Davis or any one else in the assassination, and he never saw Judge Holt in his life, and never made an affidavit for any one in regard to [*6980*] [*222*]29 Jefferson Davis or the murder of Abraham Lincoln. Affiant further says that in making said affidavits for Pryor and others, he did not feel that he was outraging the laws either of God or Man; that he believed from the statements & representations of Conover, Pryor, and others, and from articles which appeared in the newspapers, that an atrocious & murderous conspiracy had been formed with Judge Holt at its head to convict and shed the blood of Mr. Davis on the gallows by means of bogus witnesses and false testimony, and that affiant believed that he was performing a humane, Christian act in assisting in this way, the only way as alleged possible to defeat the diabolical machinations30 of the supposed conspirators. James E. Matterson Sworn to before me March 27. 1867 William Furniss Notary Public in the County of N. Y. State of New York } City & County of New York } ss. I, William C. Conner, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, do hereby certify, that William Furniss, before whom the annexed deposition was taken, was, at the time of taking the same, a Notary Public of New York, dwelling in said City and County, duly appointed [*6981*] [*223*]31 and sworn and authorized to administer oaths to be used in any Court in said State, and for general purposes, and that his signature thereto is genuine, as I verily believe. In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court and County, the 17th day of May, 1867. Wm. C. Conner, Clerk. Rev. stamp [?]¢ Seal.32 City & County of New York. ss. Nathan Auser, of Cold Spring, Queens County, in the State of New York, being duly sworn, deposes and says, that he knows and is well acquainted with Benjamin Wood, late proprietor of the New York Daily News; Mr. Dick Taylor, ex general in the rebel army; and Roger A. Pryor, late of Virginia, now an Attorney and Counselor at Law, in this city; and Charles A. Dunham, (sometimes known as Sanford Conover) Attorney and Counselor at Law, in the State of New York. Deponent further says that about the middle of July, 1866, he was present by invitation from Conover, at an interview (at which James Matterson was also present) between the latter and the said [*6982*] [*224*]33 Benjamin Wood and Roger A. Pryor, at the office of said Pryor, 95 Liberty Street in this City; — That Conover before inviting deponent to be present at said interview, informed deponent that the interview was to be held for the purpose of devising additional measures to aid the movement then being made for the release of Jefferson Davis, and that deponent would probably be able, by making a deposition, to render service in the matter for which a liberal compensation would be made. Deponent further says that after being introduced to said Pryor and Wood, the former proposed to read, and did read, to deponent two affidavits which had been previously prepared for deponent to swear to — That34 one of said affidavits alleged and set forth at great length that deponent had in February 1866, been taken by said Conover before the Hon. Joseph Holt, Judge Advocate General, of the Armies of the United States, and had been requested & urged by said Conover and said Judge Advocate General to make a false and fabricated deposition under the fictitious name of George Waddell, implicating Jefferson Davis in the assassination of President Lincoln — That said affidavit set forth that deponent, when requested by Conover and Judge Holt to make the deposition, as in said affidavit alleged, expressed fears and conscientious scruples in opposition thereto, and that Judge Holt assured deponent that the proceedings [*6983*] [*225*]35 would not be attended with any danger, as the making of such a deposition would not amount to legal perjury, and could scarcely be said to amount to moral perjury; that it would be at most what is sometimes called a "white lie"; and that the most honorable men have sometimes found it necessary to do a little evil in order that much good might come — That it was not expected to use the deposition in any proceedings against Jefferson Davis, as it was evident from the course being pursued by the President that he would never order a trial for Davis on account of his complicity in the assassination. That all that was left of the rebellion was centered in Davis, and that the depositions36 he (Holt) was collecting, would go upon the files of the Bureau of Military Justice, and form a solemn part of the history of the rebellion, so that, although Davis would escape with his life, he would be branded in history as an assassin and covered with everlasting infamy.— Deponent further says that the other of said affidavits read to him by Pryor, and to which he was requested to subscribe and swear, set forth the testimony which deponent had given before the Military Commission on the trial of the assassins, in regard to threats and violence by rebels in Montreal, Canada, towards Conover for having given testimony for the government before said Military Commission; and that said affidavit alleged that [*6984*] [*226*]37 that the testimony given by deponent as aforesaid was fabricated and false, and was fabricated by Conover and Judge Holt, and was known by Judge Holt to be false in every particular, and was given by deponent before the Commission, as aforesaid, at the instance and request of Judge Holt, who having helped to fabricate it, and knowing it to be false, as aforesaid, promised to pay, and did pay, deponent liberally for so doing — Deponent further says that after said affidavits had been read to him by said Pryor, he said to said Pryor & others present that there was not a word of truth in either of the papers, and that he did not see, although Conover had attempted to explain to him, what good38 was to come to any one from his swearing to such a pack of lies. That Pryor replied that much good, and nothing but good would come from it. That Judge Holt was endeavoring to fasten the fault and crime of procuring bogus witnesses upon Conover, and that the affidavit deponent was required to make would therefore protect Conover, and fasten the outrageous business upon Holt. That in the next place the affidavits would aid the movement then being made for the release of Mr Davis, who had been outrageously treated, by bringing condemnation upon Judge Holt and the Bureau of Military Justice, which would induce the President to pardon Mr. Davis, or release him on parole; and also, that [*6985*] [*227*]39 it would save deponent much pain and trouble, as it was known that deponent had assisted in hunting up & inducing certain parties to make false depositions in the Bureau of Military Justice against Mr. Davis, and had been determined by the friends of Mr Davis to prosecute [him] for perjury and subornation of perjury all engaged in that business who did not come forward and confess under oath that all they had done had been done with the knowledge and procurement of Judge Holt for the avowed purpose of branding Jefferson Davis as an assassin and covering his name with infamy. What at this point Benjamin Wood interrupted Mr. Pryor — "Yes, and you benefit yourself still further by taking the money which you will40 receive for making the affidavits." Deponent further says that it was then stated to him by Wood and Pryor that deponent would receive $300 upon swearing to said affidavits, and if it should become necessary to publish them or either of them, or make any public allusions thereto in which deponent's name should be mentioned, he (deponent) would receive on the day of publication $300 more, and in the event of his being called upon to sustain the averments in his affidavits, or either of them, in a court of justice, or any legal proceedings, that he should receive $1000 in addition to the sums so promised or paid to him. Deponent further says that he then replied to the propositions and promises of Pryor and Wood, [*6986*] [*228*]41 that while he was ready to do any thing in his power to get a friend out of a difficulty or protect himself, that he would see Jefferson Davis in hell before he would swear to such d—d lies as required of him, to save his (Jeff Davis's) neck from the gallows. That deponent then said so that all present could hear, addressing his words to Conover, that he could protect himself and Conover also by seeing Judge Holt, and that he would do so at once, for he believed there was danger of getting into a greater difficulty by the course proposed, and was bound "not to put his foot in it" if it would save every rebel, from Jeff. Davis down. Deponent further says that42 Pryor then rose and said "well, if you decline to help your friends out of the difficulty which you have helped them to get into, you are at least a gentleman, we understand, who will not repeat anything that has been said to you or any portion of the conversation which has confidentially taken place in your presence." That deponent replied that he should have nothing to say on the subject, and that as he declined to take any part in the business, that he would take his leave. That deponent then left the office of said Pryor, leaving said Wood, Pryor, and Conover, and said James Matterson thereat. Deponent further says, that he became a party to said interview at the request of Mr. Dunham [*6987*] [*229*]43 (Conover) who had given him to understand that he (deponent) could, by making a deposition, sustain him (Conover) in a quarrel which had arisen between him and Judge Holt, and assist him (Conover) in a professional engagement to aid by harmless artifice and stratagem a movement alleged to be on foot with the knowledge and approbation of President Johnson to ensure the release of Jefferson Davis on bail or parole. Deponent further says that he was never introduce by Conover, or any one else, to Judge Holt for the purpose of making a deposition implicating Jefferson Davis in the assassination of President Lincoln, and that he was never requested by Judge Holt, or any other person, to 44 make a deposition in his own or any other name, connecting Jefferson Davis or any other person with the assassination of President Lincoln, and that he never did make such a deposition. Deponent further says that he never made a deposition or stated that the testimony given by him before said Court for the trial of the assassins, as aforesaid, was false; and that he hereby reiterates and re-affirms that the same and every part thereof was true. Nathan Auser. Sworn to before me, March 27, 1867 William Furniss Notary Public in the County of N. Y. State of New York } City + County of New York. } ss. [*6988*] [*230*]45 I, William C. Conner, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, do hereby certify that William Furniss, before whom the annexed deposition was taken, was, at the time of taking the same, a Notary Public of New York, dwelling in said City and County, duty appointed and sworn and authorized to administer oaths to be used in any Court in said state, and for general purposes, and that his signature thereto is genuine, as I verify believe. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court & County the 17th day of May, 1867. Wm. C. Conner Clerk. Rev. stamp 5¢ Seal.War Department Washington City March 30th 1867 Sir: I have the honor to transmit herewith, for your information and such action as you may deem proper, a letter dated "Newmarket Junction, N.H., March 25th, 1867" and signed "S. P. Mayberry", in which reference is made to an alleged correspondence between Booth and another person shortly before the assassination of President Lincoln, and a possible service of evidence relative to John H. Surratt. Your obedient servant, Secretary of War. The Honorable Henry Stanbery, Attorney General. [*6989*] [*231*]War Department, BUREAU OF MILITARY JUSTICE, Washington, D. C., April 30th 1867. Bt. Maj. Benl. J. Holt, Judge Advocate General: General: I have the honor to submit the following report of my proceedings in search of Mr. Lewis S. Chapman, reported to be in possession of certain letters implicating Jefferson Davis in the plot to assassinate President Lincoln. You having, in January last, received, through the mail, a letter purporting to be signed "L. S. Chapman", stating that the writer had such letters, and enclosing alleged copies of two of them; and a person, whose name appears in the paper, having represented [*6990*] [*232*]2 War Department, BUREAU OF MILITARY JUSTICE, Washington, D. C., .......................186 to you that he was acquainted with a man named Lewis S. Chapman who was a citizen of Mississippi, and had been a refugee in Canada and had been married there, &c &c, all which will more fully appear by reference to the paper; and the Judiciary Committee of the House of Representatives having thought best that the information should be followed up, with a view to secure such better if in existence;— the said papers, which are herewith returned in a sealed envelope marked "A.", were placed in my hands, with your order, a copy of which is herewith filed marked "B.", directing me to pursue the inquiry. In obedience thereto, I3 War Department, BUREAU OF MILITARY JUSTICE, Washington, D. C., .......................186 left Washington on the 2d day of March for Mississippi and proceeded to Jackson, near which place, or near Vicksburg, Chapman was reported to have gone. I spent some days in and about Jackson and Vicksburg; but, diligent inquiries, addressed to old residents, of intelligence and integrity, well acquainted with all the inhabitants of Hinds and Warren Counties, failed to discover any man of the name given, altho' several families of the same surname were found. Becoming satisfied that no such man resided there, I resolved to proceed to the place of the alleged marriage, in Canada, [*6991*] [*233*][3] 4 War Department, BUREAU OF MILITARY JUSTICE, Washington, D. C., .......................186 and, if possible, find the relations of the reputed wife; and I so telegraphed the Judge Advocate General, as will appear in the dispatch herewith filed and marked "C." and "D." This course was approved. See telegram of the Judge Advocate General, dated March 22. 1867, filed, marked "E." Among the persons in the state of Mississippi to whom my inquiries were addressed, may be particularly mentioned Mr. Kausler Postmaster at Jackson and Mr. Barnett P. M. at Vicksburg; while I also saw Gen. Gillem, the military commander of the District, and applied to hotel=keepers and citizens generally for the desired information. [*6991a*] [*233a*][4] 5 War Department, BUREAU OF MILITARY JUSTICE, Washington, D. C., .......................186 Having stopped at St Louis for consultation with A. Burwell Esq. a loyal lawyer, formerly of Vicksburg, with whom you had instituted me to confer, I made my way to Brock, in Canada West, a township in the north part of Ontario County, which I reached on the 2d of April. The marriage of Chapman had been represented as having taken place at the residence of the bride's father — Robert McClain and the ceremony was stated to have been performed by Rev. James McClery. The people there are Scotch and I found numerous McLeans; but no Robert; and no person such as those sought was to be heard of throughout a diligent search among a sparse population. [*6992*] [*234*]6 War Department BUREAU OF MILITARY JUSTICE Washington, D. C., _______________186 Among the parties applied to for information, I mention Mr. Richard Edwards, who has a store at Manilla — a village in Brock — and who is treasurer of the township and of the town Agricultural Society, and a memorandum of whose statement is herewith marked "7." Also, Mr McDonald, and the inn keepers at Oakwood and Manilla and the family of Mr. Horne the town assessor. I likewise made personal inspection of the last assessment=role of the township, but without finding the name of Robert McClain nor Robert McSean. In short, I became satisfied that the marriage notice was a fabrication. [*6992-a*]7 Now then, as a son of Mr. Burwell at St. Louis had stated that he thought one of the sons of Dr. John S. Chapman late of Washington County, Miss., bore the name of Lewis and as Mr. Burwell had undertaken to ascertain the whereabouts of the widow of Dr. Chapman, I thought proper to return west and follow up any clew thus attainable. On reaching St. Louis, April 19th, I found that Mr Burwell had learned that Mr. Chapman resided in Nashville, Tennessee. (See letter marked "G.") He also told me that this was the only family of which he had, in a life-long residence in Mississippi, ever known, to which any such person as the one I was hunting could, he thought, belong. [*6993*] [*234a*]8 I proceeded to Nashville and thus ascertained that the children of the lady named were all under eighteen years of age and unmarried: that the issue of a former marriage of Dr. Chapman were their children called John, Caroline and Frederick; that none had ever been married and that John alone survived. Thus having exhausted the only remaining basis of inquiry, I returned to Washington. I made the whole trip in citizens dress and without my official character being known to any one except Mr. Burwell. Very respectfully Your obedient servant E. W. Dennis. Bvt. Col. Judge Adv. U. S. A.Dr. James B. Merritt of Canada West, being examined by Gen. Fry, makes the following statement: Either in October or November, but I think it was just before the Presidential election, I was in Toronto, C. W. I met George Young and a man named Ford, whose given name I do not know. Ford was a deserter from the Federal Army and I think belonged to a Kentucky regiment. I also met one Graves from Louisville, Ky. I do not know his given name. He is between 25 and 28 years of age, tolerably thick set, with full, round features and rather sandy complexion; he is a sot, a very hard drinker. George Young asked me if I had seen Col. Steel just before I came away. I told him I had seen him. Young wanted to know if Col. Steel had said anything to me about any arrangements that were being made for raids. I told him no. He then said to me "there is something on the tapis now of much more importance than any raids we can make. It has been "determined that Old Abe shall never serve another [*6994*] [*235*]term as President". I asked him why he thought so. he said the Southerners were dissatisfied with him, called him a tyrant and used various other names, and he said that he (Mr. Lincoln) never would be inaugurated if he was elected. I asked him how he knew. He replied "I know we have got friends in Washington and he never will be inaugurated". A few days after that to Montreal and was introduced to G W Sanders I saw Col. Steel in Windsor and in in company with him. He and his nephew were in Windsor opposite Detroit. Col. Steele lives at Windsor on a farm owned by the Hon. Mr. Rankin, who is a member of the Provisional Parliament from that section of country. The principal men at that point were Col. Steel and a man called Capt. Scott, whose nephew was one of the St. Albans' raiders. He is the man who owned the property where Camp Nelson stands in Kentucky. I spoke to Steel and asked him what was going to be done about the Presidential election. The expression he used in reply was "the God damned old tyrant never will serve another term". I thought no more about it just at that time. Preparations were being made to go to New York. But in February I was inMontreal and there I heard the matter talked over and there appeared to be no great amount of reserve in it except so far as individualizing the parties. I heard the matter talked of killing the Heads of Departments, the President, Vice President, Cabinet, and leading generals in the Army. Sanders said at that time "there is any amount of money here in Canada to accomplish that purpose". He said he had received a letter of communication from Richmond that justified him in making any arrangements that he could to effect that purpose, in other words, he had got a letter from Mr. Davis, the President of their Confederacy, stating that if the people themselves in Canada and those who were Southerners in the States, were dogs enough to be controlled by such a tyrant as Lincoln, he did not wish to recognize them at all in any way, and that if Lincoln and Stanton and Genl Dix could be got out of the way that things would take a different turn, and that he was well satisfied that it would satisfy the people of the North that they [the rebels] had friends in the North and a peace might perhaps be [*6995*] [*236*]obtained on more favorable terms than what could be if Lincoln was permitted to continue his reign, or something to that effect. Sanders had this from Davis, and Sanders showed the letter to Steel, to [Clay] Hill, to George Young, and to Scott. He had the letter at that time. I did not read it. By Genl. Fry. Q. Did you see the letter? A. I saw the outside of it. Q. Did the others read it in your presence? A. They did. Q. Did they discuss it in your presence? A.. The discussed it some. They were discussing the best method to accomplish it and Sanders said "we will have no difficulty, I think, in getting our friends to engage in this matter. I am fully satisfied of that". Then he mentioned over the names of some 15 or 20 persons who would undertake it at any time. Among them he mentioned the names of George Harper, Henry Caldwell, and a man of Randall, I do not know his given name. Q. Did you understand these persons to [*6995-a*] [*236-a*]be in Canada? A. They were there at that time. Caldwell and Harper are both citizens of Richmond. Q. Are those the only names? A. There were various other names. Q. Did you hear them mention any of the names of persons who have since been connected with the assassination? A. Yes, sir. Booth's named was mentioned and Harold was called Harrison. Q. Are you sure he is the man called Harrison? A. I judge so from the description. Booth was in Montreal at the time. He had been there twice in February. Q. Did you ever see Booth? A. Yes. I saw him in Canada in November. [x] Q. Did you see him at the time you speak of? A. No, I did not see him in February, but his name was mentioned very prominently there for the reason that he was a cousin, or Sanders said he [Booth] was connected with Beall, and was either a first or second cousin to Beall. This was [*6996*] [*237*]in February that Sanders made use of these words and said that "Booth feels all than anybody can feel in his soul and body in this matter". I understood Sanders to say to the party at that time that Lincoln would not be inaugurated and that it was an easy matter, as Johnson was such a sot, to dispose of him in some of his drunken reveries. There was a bitter animosity expressed among those men against Mr. Seward, for the reason that there had been vigorous efforts made on the part of the Confederate State to bring about a war between the United States and England, and through the energy and far-seeing skill of Mr. Seward all their efforts had been thwarted, and they felt if they could get Seward out of the way that they could bring about difficulty between the United States and England, by which they could divide the forces of the North, — one to fight England and one to fight the South, and thus effectually destroy the Government. That was the policy — to exhaust the resources of the country. Q. Did you give the names of all the persons present at this interview in February?A. Oh no. There were some 10 or 12, perhaps 15. Q. Can you recall any other names? A. I can of a good many of them by thinking a little. Q. Try and give them? A. Benedict was one. C.D. Kirk was another. Kirk and Benedict both escaped from the military prison in Cincinnati in August. Kirk was a correspondent of a Louisville paper and entered the Southern Army at the breaking out of the rebellion and was a prisoner in Cincinnati a year and then made his escape. Benedict was a commissioned officer in the Southern Army. That is all of them that were there. I do not Know Benedict's given name. Q. Were there any more of the prominent men? A. Clay was not there. He was in Toronto in November. Tucker, I never saw. Sanders was the presiding genius of the meeting. Q. What occasioned this meeting, was it accidental, or called, or what? A. The meeting was called with a view to take into consideration some measures [*6997*] [*238*]to effect the release of the St. Albans' raiders. That was the avowed object of the meeting. Q. How were the persons notified of that meeting; by Sanders or in what way? Do you recollect? A. Capt. Scott is the man that told me of the meeting. Q. Was there any written notification of the meeting? A. Not that I know of. They expressed very great regret that one Smith and one Drake had left, that Drake was just the man for the business. Drake was of Morgan's command. Q. Is it Drake or Duke? A. I do not know that Duke had anything to do with it. Drake was of Morgan's command and went to the Chicago Convention with a lot of men from Windsor with a view of making a disturbance and releasing the prisoners at Camp Douglas. Q. Was that the last interview? A. That is the last interview I had with Sanders. That is the last I knew about that.Q. Before you leave that. What do you know about his having actually and directly furnished money to these parties? A. I know that he said "we have got any amount of money to carry this thing through". Whether he ever gave a man a dollar or not, I do not know. It was, I think, on the Wednesday night previous to the 10th of April that I got this information, and it was about the 10th of April that I told Squire Davidson about it. I was in Toronto, I went there on Wednesday, and went to the American Hotel, and I met a gentleman from our place named Mr. McCruar, a minister, on the side walk as I was going. We went back and I introduced him to some gentlemen there and told him I would take him to the Masonic Lodge, but he would not stay. I met George Young the next morning. But on that same evening I met Harper, Caldwell, and Randall. I was going to the theatre, and Harper came up to me and said, "Doc how are you", said I, "I am quite well". He said "Wont you take a walk to night". I said "No, I think I will go to the theatre". [*6998*] [*239*]He said, "You had better go with us". A man who went by the name of Captain Hutchison was with me. He was formerly in the Provost Marshal's office at Louisville with Capt. Dunn. He was attached to that office and was in Toronto. They called him Captain but I believe he was but a lieutenant in one of the Kentucky regiments. After we left Harper, he said "do you know who that man [Harper] is, he is one of the most notorious rebels there is in this country". I answered, "I am a rebel too". Said he "that is all right, I suppose". The next morning I went to the Queen's Hotel and there met Harper, Caldwell, Randall, Charles Holt, Ford, Brown, who was a Canadian, and a fellow called Texas, and I judge, from the description that you gave of a certain person, that he must be the man. They said there that a party would start right off for Washington. I said to Caldwell "are you going?" Said he, "Yes, I am going", and Harper said he was going. I asked who else was going. I forget whether Ford said he was going or not, but I do not think he did. I said,"how many of you are going". He answered "some 15 or 20 of us are going to pick up a perfect row and muss there". I went away. Afterwards I met Harper on the corner. He said "Doctor if you do not hear of the death of Lincoln, Stanton, Grant, and Dix in less than ten days, put me down as a fool. He did not mention Seward's name then. I do not know that he mentioned it at all. I do not think Seward's name was mentioned at all except by Sanders, so far as I remember. I asked Harper if he had ever been to Washington, and if he was thoroughly acquainted, and he answered that he [*√*] knew parties there who were acquainted and he mentioned Booth and Surratt. After I left there I went up into Galt, about 12 miles from where I live and I found Harper had been to the place where he was working and started away. That was on Saturday, after I left Toronto, previous to the 10th of April. Caldwell left his place also. I went down to Davidson's on Monday to give the information. I did not wish to bring myself into it, but [*6999*] [*240*]I said to Davidson, "if these men were arrested and then make known what the charge was for, it would create such a furore and excitement that they would be afraid to proceed. Said he, in reply, "it is supremely absurd" or something like that. I was in Galt on Saturday but he was not at home. It was on Monday that I saw him and gave the information. Q. Did you hear Harrold's name mentioned? A. Harrison was the name he went by. Q. Surratt went by his own name? A. Yes, sir, time and again. Q. And you are satisfied that the man called Harrison is Harrold? A. I am satisfied that the man called Harrison is Harrold, from his description. Q. Did you ever see him? A. Yes, sir, I have seen him. Q. Give your recollection of him. Have you seen his photograph? A. No, sir. Q. Do you think you would know it if you saw it? [*6999-a*]A. I think I should. Q. State his size and general appearance? A. He is a man rather thick set, not a very heavy man, I should think he was 5 feet, 5 or 6 inches high, and with quite a boyish look about him. He was coaxing out a little moustache when I saw him. I should not think he was over 25 years of age, and he is a sort of loose, rolling, rollicking, dont-care sort of a fellow with a shiftless manner of moving. Q. [Exhibiting to witness a photograph of Harrold.] Is that the man? A. That is the man. Q. Do you know Surratt? A. I never saw Surratt to know him. He was pointed out to me, and at that time had a moustache. But I have seen Harrold two or three times. That is the man that went by the name of Harrison when I saw him. Q. Did you hear anything of this after the last interview you had with those parties after the 10th of April? A. Not until after the deed was committed. Q. Then what did you hear? [*6999-b*]George A. Atzerodt John Fletcher 299 "E" St J Greenwalt Pennsylvania House Robert H Murray U.S. [Mar.?] New York Brock Stabler 454 "G" Street John Mc Loyd Old Capitol B.T. Queen 604 "8" St Garther Cent. Guard House James L Maddox Margaret Roysea rear of Fords Theater Mary A Turner " " " [*7000 241*]Dr Samuel A Mudd Statement of Dr S.A. Mudd Frank Washington (col) Old Capitol Thomas Davis " " Michael O'Laughlin Sarg Samuel R. J. Street Camp Stonemen Daniel Laughran [Celo] Edward Spangler Mary A Turner rear of Ford Theater Joe Simmis " " James B Ferguson next to "Fords" [*7001*] [*242*]David C. Herold John Fletcher 299 "E" St. John L Loyd Old Capitol Osborn Swan " " Dr. Saml A Mudd " " J Gunewalt Pennsylvania House Brooke Stabler 454 G St Peter Tallabond one Son from Old Capitol Silas F Cobb 8 F. Man.: Hy Cut. Polk Gardner Hills Landing Pr. Geo. Co Alexis Thomas Old Capitol Benj T. Queene 604 "8" St [John Fletch] Capt Samuel Cox D. A. Hanover Old Capitol Osborn Swann Old Capitol [*7002*] [*243*]Conspiracy H. V. Steinecker Old Capitol John Devenny Kirkwood Buck 331 "7" St William A Cook Mass Ave near 10 Joseph M Dye Camp Barry Wash. L. H. Bunnell Sergt Saml K. Street Camp Stoneman Dr. James B. Merritt J.S. Simonds Samuel K Chester Old Capitol Louis J. Weichman " " John M. Loyd " " Rudolph F. Rose William Gabriel Old Capitol George Young " " Sergt James C. HallMrs Mary Surratt Miss Annie Surratt Old Capitol Miss Nora Fitzpatrick " " John Mc Loyd " " Mr. J. Wyckman " " [Major?] HW Smith Genl. Angiers Hd Qu. R.C. Morgan Col Alcott's N.Y. Holaban Old Capitol Susan [Mabiney?] " " [*7003a*] [*244a*] Objection. It is alleged that this Military Commission has no jurisdiction to try [and punish] the accused. The objection is constitutional. Negative. It s impossible, we think, to invent an argument in support of this negative proposition that is not, directly or indirectly, founded upon the well known Articles V and VI of the Constitution. To all such arguments, the answer is, in our opinion, that the prohibition in Art. V is applica. to a time of peace. If the exception forming part of the Art. itself, is not conclusive upon this point, an illustration will tend to make it so. To say that it must [is] [applicable] govern in time of war as in time of peace, [to a time of war] appears to us equivalent to saying that, if Gen. Sherman, [*7004*] [*245*]2 while marching through Georgia, had captured a spy in his camp, to punish the man, the General was bound, though in the enemy's country, to halt, open a civil court, assemble and empannel a jury of citizens, have return of a presentment or indictment, and then proceed to a trial. What an absurdity! Affirmative. When the rebellion broke out, many good men trembled — they had been taught by disciples of the old Federal School, that the government was too feeble to stand the test. Four years of awful war have demonstrated the idleness of this theory. We have not [all] only a government, but the government we have is the strongest on earth: and herein lies its strength. To guard the rights of the citizen was the chief object of the Convention that framed the Constitution. The next great object was to provide the government to which this guardianship of the rights of the Citizen was entrusted, 3 with powers which would enable it to maintain itself against unfriendly citizens and unfriendly nations. What a mockery it would have been to have built a wall round about the subject, while the sovereign was left in the fields, naked, armless, helpless! Proceeding on that idea the wise men gave the National Executive authority to Declare Martial Law and to Suspend the Writ of Habeas Corpus. In our judgment, [they] these two are the Great self defensive [measures] resorts of the Government, the outer and the inner defenses behind which it can retire when [threatened] put to extremety. Martial Law. If Martial Law can be made General and of universal operation, it can be made limited and of local operation. Whether its declaration shall be general or limited, is at the discretion of the Executive, subject to the necessity. In other words, as [*7005*] [*246*]4 Martial Law is a substitution of Civil Law, the National Executive can, by his proclamation, suspend the exercise of judicial functions throughout the republic, or in some of the States, counties or cities only. The first would certainly be justifiable if the rebellion was universally prevalent, making the whole land the theatre of war or insurrection. Suspension of the Writ of Habeas Corpus. When, by the Exective proclamation, Martial Law is limited in its operation: that is, when, in some districts or States the judicial authorities are permitted to exercise their functions, then it is necessary to suspend the Writ of Habeas Corpus. This will more clearly appear by reference to the fact, that the object of a suspension of the Writ, is, in time of war or rebellion, [*7006*]5 to prevent the judicial authorities from interfering to distract, embarras or thwart, the progress of military plans. Conclusions. It is our understanding, then, that the two measures were given the Government for its self-defense: that they were given to be used by the Executive against traitorous citizens as well as foreign enemies; [and] that their joint effect is to suspend the exercise of judicial functions partially or totally; according as the Martial Law is general or limited; and that the question, whether the necessities of the moment justify a resort to them, is to be assessed by the Executive, who is exclusively responsible for the action and all its consequences. If these propositions are correct, to make the application to this case, we are of opinion, that President Johnson having first assessed that necessity was sufficient to [*7007*] [*247-51*]6 justify a resort to the measures under consideration, and having, in the next place ascertained and determined that Martial Law was legally in operation in the District of Columbia, and that the Writ of Habeas Corpus had been legally suspended could rightfully [order] submit supposed criminals, whether offending against civil or military laws within the District, to trial [before] by a Military or civil court. We are also of the further opinion that, Martial Law being prevalent and the Writ of Habeas Corpus suspended, in the judgment of President Johnson, and the President having decided to refer the prisoners at the bar to trial by him for the purpose, we have, by virtue of that order, ample jurisdiction for their trial, and punishment or acquittal, according to the facts. 7008 Read and [action?]Martha Murray says: she keeps the Herndon house, it is the corner of 9th and F streets opposite the patent office, dont know a young man of the name of Weichiman; dont know the Surratts, never heard of them before; dont know Booth, would not know him he was shown to me; dont know Wood, there was a gentleman came to my house enquiring for a person of that name, this gentleman stopped at my house for two or three weeks, the first day he did not come to dinner, said he did not wish any; the next morning he did not come to breakfast; he asked for a cup of coffee to be sent to his room; the girl brought him a cup of coffee to his room [to] that happened 2 or 3 mornings in succession; supposed he was sick, after that he came to the table the same as any body else; he went away on Friday [*252*]afternoon the night of the murder — I think he entered his name on the book as Keusler — the Detective tore it off — two or three days before he left two gentlemen came in and took supper with him — dont know who these gentlemen were. (On being shown the pictures of Surratt, Booth and Harrold) she says, she does not know whether they are the persons that called or not — I think they were two large dark haired men, well dressed and gentlemenly looking. Keusler was a tall young man with black hair, no whiskers or moustache — he wore dark pants, and a bear on linen coat; a soft hat, dark color. They might have been some light cloth, I am not sure; dont know of Miss Surratt or Mrs Surratt ever coming to hire rooms for a sick young man.R.1 Jacob Rittterspach (Jake). I live at the corner of 7th & G streets at Mrs. Scotts. I am stage carpenter at Fords Theatre; I have known Ned Spangler for a year and a half; he is stage carpenter. Maddox is property man. I first know Booth when I see him; I have seen him play at Fords Theatre. I was setting the stage in the morning of the 14th; I helped take out the partitions in the Presidents box, Spangler helped and "Peanuts"; nobody else. When we were fixing it Spangler said he wished that the lightning would strike that old son of a bitch, and he said I dont care a damn. I wish he was in hell any way. I said you must not curse a good man, he has never done you any harm and he said "I don't care a damn". He was drunk. I asked who was coming, he said, Mr. Lincoln, Gen. Grant and Gen. Lee. I asked him who told you so, and he said [*7010-12*] [*253*] Ford. Then he began to swear, the first thing he said, "he wished the lightning would strike the old son of a bitch dead". Then he cursed the rest of them, Grant, Davis, and Lee, and wished they were all in hell; he always cursed when he was drunk but didn't swear when he was sober. He always called me a Nigger lover, and we quarreled over it. He was always one of the hardest kinds of Copperheads. After setting the box we set the stage, and it was then about six o clock. I saw Booth and Ned standing in front of the theatre between 4 and 5 o clock. Booth asked Ned if he had a halter — Ned said, "yes", he said, "what do you want with it", he said he had borrowed a mare, he said he had her in the stable — I afterwards went round to the stable and found Booth, Ned and Maddox and "Peanuts" John. It was a mare, bay. Ned asked if he should take off the saddle. Booth said "no". T.1 Francis Tumblety says: I reside now in St. Louis, No. 52 Third street — I was arrested last Friday morning — What I was arrested for I cant know — I was never told — I suppose I was arrested for the reported connection or intimate acquaintance with Harrold — I dont know any thing about Harrold,— I was in Washington for two years, I came to Washington the first of the war in 1861. I think it was in the latter part of the season or early in the fall. My business place was on the corner of Seventh street, and Pennsylvania Avenue, in the Washington building. I dont know as I had any particular acquaintance with any person here except patients — no person except persons I furnished medcine to — I never made the acquaintance of any woman here — I had a boy by the name of Mark A. Blackburn, He remained over four years with [*7013*] [*254*]me — I was in the habit of buying drugs in the dry store right under the building on Pennsylvania Avenue — I never made the acquaintance of Harrold while I was here, I never saw him that I know of. (on being shown the photograph of Booth, Harrold and Surratt) said he could swear positively he never saw Harrold or Surratt. I first saw Booth at the theatre while I was in Washington — I could not say what time of the year — I think I staid nearly two years in Washington — I think I saw him the first year I was in Washington — I think it was in Graver's Theatre — I dont know what his character was — tragedian or comedian. I went to New York after I left Washington; I remained in New York perhaps a few months, and then went to Brooklyn where I remained over a year.— I never had any conversation with [*7013-a*]W.1 Thomas Wallace says: My home is in Brooklyn; have been off and on in Washington since the breaking out of the war; came out with the 25th Regiment, Infantry,— I first made the acquaintance of J. Wilkes Booth about two years ago; I was introduced to him at the Occidental; he was in company with a man by the name of Edward Price, a fighting man, and a man by the name of Carman,- I did not see him after that until about three months ago. Mr. Booth got talking to me and said there was a young lady here in town who he was keeping company with and he wanted to get a box in Fords Theatre, the off box on the right hand side, he told me distinctly No. 7, which is the one next to the Presidents box. I said to him I will hire the box for you. On the following evening [*7014*] [*255*]about four oclock, about two and a half weeks before the assassination of the President, I was playing billiards, when I saw Booth and said to him "Mr. Booth I swear I forgot all about that box," and said to him, "I was sorry, but I can easily send one of those boys"— I wrote down an order for this box and directed it to Mr. Harry Ford for box No. 7, and signed Capt. Wallace to it — he gave me a twenty dollar note and I handed it to the boy — I asked him why he was not on the stage and he told me his business was more lucrative, that he was in the oil business — I dont know who occupied the box that night. They were strangers to me — I saw two persons in it and the bonnett of a third party — One of them I think was dressed in black, one of them IB. to the other side he dropped into the water exposing only his head, trying to hide. By this time I had obtained assistance — he followed him to one side while I went around to the other side of the creek. As soon as he saw he was likely to be surrounded he left the water and endeavored to make his escape through the fields, but being wetted he could not run fast, and I soon overtook him. His first remark was, "I am not the man you are looking for," and I asked him who he supposed I was looking for. He said, "You do me a wrong," I told him I would see. I asked him then who he was, his reply was, "You will see". By this time I had got to the jail in which he was put. One of the boys who was with me said "He is tearing up papers," but I did not see him do it myself. The next day we picked up scraps of papers and have every reason to [*7015*] [*256*]believe he tore what papers he might have had with him. After he was in jail I immediately notified Provost Marshal Capt. Eyster who accompanied me to the jail, and we interrogated him. He said he was born in Germany, and was about 28 years old — came to this country about thirteen months ago; landed in New York; from there he came to Alexandria Virginia in company with some man whom he does not know, and from Alexandria he went to Hanover county & worked upon a farm with a man by the name of Colburn or Colwell — he is not sure of his name nor does he know the name of any man about that plantation, although he worked there eight months. He left Hanover county about the 5th of April last and got to Williamsport, Maryland a few days ago, but gives no account of how he got there. He went to Hagerstown and from there toLast. And in further prosecution of said conspiracy the said Samuel A Mudd did at Washington City and within the Military department and Military lines aforesaid on the 1st day of September AD 1864 and on divers other days and times between that day and the 20th day of April AD 1865, did advise, encourage receive entertain harbor and conceal aid and assist the said John Wilkes Booth David E. Herold, Louis H. Paine, John H Surrat, Michael O Laughlin G. A. Atzerodt [and] Mrs M. Surratt and Samuel A. Arnold and their confederates with knowledge of the murderous and traitorous conspiracy aforesaid and with intent to aid, abet and assist them in the execution thereof and in escaping from justice after the murder of the said Abraham Lincoln in pursuance of said conspiracy in manner aforesaid. [*7016*] [*257*]Charge and specifications against Charge 1 For murdering Abraham Lincoln President of the United States and Commander in chief of the Army and Navy of the United States, for assaulting with intent to murder William H Seward Secy of State of the United States in pursuance [*&c &c fill out all the names*] of a conspiracy by the said together with Herold, Atzerodt and John Wilkes Booth murder then the said Abraham Lincoln William H Seward and other officers in the service of the United States with intent thereby to aid the rebellion against the United States. [*7017 258*]1. Charges and Specifications against David E. Her[r]old, G. A. -- Atzerodt Louis A Paine Michael O[.]'Laughlin John H. Surratt Edw. Spangler, Saml Arnold Mrs. M Surratt, and Samuel A. Mudd. Charge 1. For maliciously unlawfully and traitorously and in aid of the existing armed rebellion against the United States of America, on or about the first day of September A.D. 1864 and on divers other days between that day and the fifteenth day of April A.D. 1865, combining confederating and conspiring together with one John H. Surratt, [one] John Wilkes Booth, Jefferson Davis, George N. Sanders, Jacob Thompson, William C. Cleary, Clement C. Clay and others unknown to kill and murder within the Military Department of Washington and within the fortified and intrenched lines thereof, Abraham Lincoln late and at the time of said [conspiracy] combining, confederating & conspiring President of the United States of America and Commander-in-Chief of the Army and Navy thereof [*7018 259*]Testimony of the Conspiracy in Canada. Dr James R Merritt In Toronto in Oct or Nov last heard Col Stut say something more important than raids - that Old Abe should never Serve another term that they had friends in Washington dc. Saw Geo W Sanders and Col Steel who sd the G-d d-d Old Tyrant Lincoln, never will Serve another term. In Feby 1865 at Montreal Sanders & others 15 or 20 Said the President Cabinet Vice Prest. & leading Generals were to be killed that there was any amount of money in Canada for the purpose, that he had received a letter from Jeff. Davis which justified & which he read to the meeting. Sanders named the men to do the murder to wit Geo Harper, Henry Caldwell, Randall - Jno Wilkes Booth, Herold called Harrison,- and Port-Tobacco (Atzerodt,) [*7019*] [*260*]Weichmann - Surratt in Richmond & left for Toronto before full of - Devering - Went to Caenadu seen Booth Oct Nr & Dec - with Thompkins Sunday Clay & Holcomb S. K. Chester Jno Wilkes Booth [cut off]c [?] intend to abduct Prest Cabinet & take to Richmond the highest officials He hed ben to Canada & had plenty of money [?] [?] contingent on Success H. Van Stunken Engneer officer on Genl Ed Johnson staff In '63 [One] not three men in Pa. that old Abe would be Kiled Booth: — —2 Merritt cont'd Witness saw Booth in Canada in Nov last. Sanders said "Booth's whole soul & body are in the matter of the murder" that Lincoln would not be inaugurated & Johnson a but easily written off. Seward also shaken up as one to be disposed of. In 5 & 6th of Apl inst [Tim?] Harper &c. in Toronto. & are called "Texas" On 6th Harper & Caldwell said they were going to Washington & 15 or 20 more, to kick up [?] &c. On same day Harper said "Doc. if you do not hear of South or Lincoln, Stanton, Grant & Dix in less than 10 days set me down a fool.!" He named Booth and Surratt at Washington. On the 8' Harper &c had left! I told David here on Monday of this. Son Surratt, Booth offered in Canada. Have seen letter of Jacob Thompson to Cal Ashley (rebel) forming the conspiracy. [*7020 261*]3. Testimony of Mr Develin Kirkwood Hearn, Testimony of (See notes of Mr. Dana) Jacob Thompson said we can put Lincoln & others out of the way have plenty of men to do it in our employ. In June or July brt Thompson a proposition to rid the world of the Tyrant Lincoln & Grant [?] and others, a blessing to have them killed. he was for it and only awaited the approval of his [?] in Richmond. Beverly Tucker regretted after the murder that the bugr had but been sooner allowed to do it. Certificates of deposit in hand writing of Sunders on the Ontario Bank, Montreal -- taken off Booth's body say 2400$ — &c -. [*7021 262*]Charge and specifications against Herold Atzerodt Payne O'Laughlin John H. Surratt and Surratt Arnold Spangler Charge 1. For traitorously, and [with intent to] [in aid of] [in aid of] in aid of the rebellion against the United States, Conspiring with one John Wilkes [* [?] the Dept of Washington Mil & others do fortified [?] [?] of D Deptmnt.*] Booth & [others unknown] Davis, Sanders, Thompson & others unknown to Kill and murder Abraham Lincoln late and at the time of said conspiracy President of the United States of America and Commander in chief of the Army and Navy thereof, Andrew Johnson V. P. William H. Seward Secretary of State of the United States, Ulysses S. Grant Lieutenant General of the United States, and [other officers in] [Edwin M Stanton] & commanding the armies of the US follow the statute the Service of the United States, and in pursuance of said traitorous Conspiracy and in aid of said rebellion, with said John Wilkes Booth murdering said Abraham Lincoln then President & Commander in Chief of the Army of the united States as [*7022 263*]2 aforesaid and assaulting with intent to murder said William H. Seward Secretary of State as aforesaid, and lying in wait with intent to kill and murder said Ulysses S. Grant and other officers of the United States.- Specification per this [?]2. War Department Washington City. ______186 Herold That John Wilkes Booth (Harrold) Spangler Paine Surratt O Laughlin Celestine Arnold and Mrs Surratt incited by Jefferson Davis & Jacob Thompson [Clement C. Clay,] George N Saunders & others unknown who were acting [under the [?]] in aid of the so-called Confederate States [?] then in rebellion against the government of the United States, did combine conferate and conspire together at Washington City within the Military Department of Washington and within the entrenched fortifications and military camp there being to kill and murder Abraham Lincoln President and Commander in Chief of the Army and Navy of the United States and to kill and murder Andrew Johnson Vice President upon whom on the death of [the President] Abraham Lincoln the office of President & Commander in Chief would devolve, and to kill and murder Ulysses S Grant Lieutenant General and Commander in Chief of the forces on the field, and to kill and murder William H Seward Secretary of State whose duty it was by law [to call] [*7023 264*]3. War Department Washington City __________186 upon the death of the President and Vice President to call an election for President the conspirators aforesaid desiring and intending by the killing & murders aforesaid the Armies and Navy of the United States of a Constitutional Commander in Chief and to deprive the forces in the field of their lawful Commander in Chief and to prevent a lawful election of President & Vice President and by the means aforesaid to aid and comfort the rebel insurgent and enemies of the United States and by the murders aforesaid to subvert and overthrow the laws & Constitution of the United States.War Department Washington City ___186 And the said Herold did on the night aforesaid at said Theatre within the Military lines aforesaid lie in wait to aid and assist the said J Wilkes Booth in the murder aforesaid and did then aid and assist him to escape through or from the assist military lines aforesaid and [he] did from time until the day of keep company & aid and assist him to [? ?] to escape, and conceal himself. [*7023-a*]War Department Washington City, __________ 186 And that in further prosecution of the Wilke murderous and traitorous conspiracy aforesaid Mary Surratt did at Washington City within the Military Department & Military lines aforesaid did receive entertain harbor and conceal aid and assist the said Booth Herrnold Paine Surratt O'Laughlin & Arnold and their confederates & with Knowledge of the murderous and traitorous conspiracy aforesaid and with intent to aid abet and assist them [therein,] in the execution thereof. [*7024 265*]War Department Washington City _______________186 And being so combined and confederate and conspiring together prosecution of the wicked purposes and design [donot] aforesaid [?] on the night of the 14th of April at Fords Theatre on Seventh [city] Street of [Secu] Washington City within the Military Department and Military lines aforesaid John Wilkes Booth did Kill and Murder Abraham Lincoln President of the United States and Commander in Chief of the Army & Navy by discharging a [pistol] leaden ball from a pistol held in the [right] hand of said John Wilkes Booth against the left and posterior side of the head of the said Abraham Lincoln and thereby then & there inflicting a mortal wound whereof on the 15th day of April said Abraham Lincoln died[*5 [6]*] War Department Washington City, ______________186 And in further prosecution of the wicked conspiracy aforesaid and its murderous & traitorous designs aforesaid the said Samuel Spangler did aid and assist the said J Wilkes Booth to obtain entrance to the box in which Abraham Lincoln was sitting at the time he was assaulted and shot by said Booth, and also in [pr] barring and obstructing the door of the box of said Theatre so as to hinder & prevent any assistance or reveue to said Abraham Lincoln against the murderous assault of the said John Wilkes Booth. [*7025*] [*266*]War Department Washington City [*6*] ____________186 And in further prosecution of said wicked traitorous & murderous conspiracy and the purpose and design thereof the said David C Herrold did on the night of the 14th of April 1865 within the Military Department and Military lines aforesaid did [afore] abet & assist the said John Wilkes Booth in the Killing and murder of the said Abraham Lincoln and did aid abet and assist him the said Booth in making his escape through the Military lines aforesaid and did accompany him and assist him in concealing himself and fleing from the pursuit of justice[5.] 7 War Department Washington City _______________186 And in further prosecution [th???] of said wicked conspiracy and the purposes thereof the said Paine did on the same night of the 14th day of April at the City of Washington within said Military Department and Military lines aforesaid the said Paine did make an assault upon William H Seward Secretary of State in in the dwelling house and bed chamber occupied by him & in had [did] did then and there with a [xxx] bowie knife held in his hand [inflict] attempt to kill and murder the said William H Seward by inflicting upon his face and throat divers grievous wounds. And the said Paine in prosecution of said Conspiracy did then and there attempt to kill and murder Frederick H Seward and who was then and there striving to protect & rescue the said William H Seward from murder by the said Paine [*7026*] [*267*]War Department [7] [*8*] Washington City _______________186 And in further prosecution of this conspiracy & its wicked and murderous design the said Azerodt [and the said OLaughlin] did on the night of the 14th of April aforesaid within the Military Department & Military lines aforesaid lie in wait for Andrew Johnson [with intent to] Vice President of the United States with intent to kill and murder him[*[8] 9*] War Department Washington City, ______________186 And in further prosecution of the wicked conspiracy aforesaid and its murderous and treasonable purpos [object] and designs aforesaid the said Michael O Laughlin [did] [lie in wait for] on the night of the 13th and 14th of April aforesaid at Washington and within the Military lines aforesaid did lie in wait for Ulysses S Grant Lieutenant General and Commander of the Armies of the United States with intent to Kill and murder him [*7027 268*]War Department [*10 [9]*] Washington City ______________186 And that the said Arnold and Celantina were privy to the [cons] murderous and traitorous conspiracy aforesaid and [did con] with knowledge thereof did connect with aid abet countenance [and] comfort and support the said John Wilkes Booth Paine, Azerodt O Laughlin and their confederates in said murderous traitorous conspiracy and in the execution thereof.Charges and Specifications against H[a]errold. Atzerodt. Payne. O'Laughlin. John W. Surratt. Arnold. Spangler Surratt. Charge 1. For maliciously, unlawfully and traitorously, and in aid of the existing armed treasonous rebellion against the United States, of America [conspiring] [*condemning, confederating, and [conspiracy] conspiring together*] on or about the 1st day of September, A.D. 1864 and on divers other days between that day and the 15th day of April A.D.1865. [within the Military Department of Washington and within the fortified and entrenched lines of said Department] with [*and one John H Surratt*] one John Wilkes Booth, John H. Surratt, Jefferson Davis, George N. Saunders, Jacob Thompson, and others unknown, to kill and murder within the Military Department & within the fortified entrenched lines thereof aforesaid Abraham Lincoln, late and at the time of said conspiring President of the United States of America, and Commander-in Chief of the Army and Navy thereof: - Andrew Johnson, Vice President of the United States aforesaid; William H. Seward, Secretary of State of the United States aforesaid; Ulysses S. Grant, Lieutenant-General, of the Army of the United States aforesaid, then in command of the armies of the United States, under the direction of the said Abraham Lincoln: [Edward M Stanton, then Secretary of War of the United States, aforesaid and other officers unknown there in the service of the United States aforesaid]: and in pursuance and in presenting of said [*7028*] [*269*]malicious, unlawful and traitorous conspiracy, [as] aforesaid and in aid of said rebellion, afterwards, to wit; on the 14th day of April, A.D. 1865, within the Military Department of Washington aforesaid, and within the fortified and entrenched lines of said Military Department together with said John Wilkes Booth, maliciously, unlawfully and traitorously murdering the said Abraham Lincoln, then President of the United States and Commander-in-Chief of the Army and Navy of the United States as aforesaid; and maliciously and unlawfully and traitorously assaulting with intent to kill and murder the said William H Seward, then Secretary of State of the United States, as aforesaid; and lying in wait with intent maliciously, unlawfully and traitorously to kill and murder the said Andrew Johnson then being Vice President of the United States; and the said Ulysses S. Grant, then being Lieutenant-General and in command of the Armies of the United States, as aforesaid. [and the said Edwin M Stanton, then being Secretary of War of the United States, as aforesaid.]Seward, then Secretary of State of the United States aforesaid, whose duty it was by law upon the death of the said President and Vice President of the United States aforesaid, to cause an election to be held for electors of President of the United States - the conspirators aforesaid designing and intending by the Killing and murders of the said Abraham Lincoln, Andrew Johnson, Ulysses S Grant and Wm. H [Seward] William H. Seward, as aforesaid to deprive the Army and Navy of the said United States of a constitutional Commander in Chief; and to deprive the armies of the United States of their lawful commander; and to prevent a lawful election of President and Vice President of the United States aforesaid: - and by the means aforesaid to aid and comfort the insurgents engaged in armed rebellion against the said United States, as aforesaid, and thereby to aid in the subversion and overthrow of the Constitution and Laws of the United States. And being so combined, confederated and conspiring together in the prosecution of said unlawful, and traitorous conspiracy on the night of the 14th day of April, A.D. 1865, at the hour of about 10 oclock and 15 min p.m. at Ford's Theatre on Tenth Street in the City of Washington, and within the military Department, and military lines aforesaid, John Wilkes Booth aforesaid is pursuance of said unlawful and traitorous conspiracy, did, then and there, unlawfully, maliciously and traitorously, and with intent to Kill and murder the said Abraham Lincoln, discharge a Pistol then then held in the hands of him the said Booth the same being loaded with powder and a leaden ball, against [*7029*] [*271*]and upon the left and posterior side of the head of the said Abraham Lincoln; and did thereby, then and there, inflict upon him, the said Abraham Lincoln, then President of the said United States, and Commander in Chief of the Army and Navy thereof, a mortal wound, whereof, afterwards, to wit; on the 15th day of April, A.D. 1865, at Washington City aforesaid the said Abraham Lincoln died- and thereby, then and there, and in pursuance of said conspiracy, the said defendants and the said John Wilkes Booth did unlawfully, traitorously and maliciously, and with the intent to aid the rebellion, as aforesaid, Kill and murder the said Abraham Lincoln President of the United States, as aforesaid. And, in further prosecution of the unlawful and traitorous conspiracy aforesaid, and the murderous and traitorous intent about the same hour of exact day aforesaid of said conspiracy, the said Samuel Spangler on said 14th day of April A.D. 1865 [?] said Military Department and the Military lines aforesaid, did aid and assist the said John Wilkes Booth to obtain entrance to the box in said Theatre in which said Abraham Lincoln was sitting at the time he was assaulted and shot, as aforesaid by John Wilkes Booth; and also did then and there and aid said Booth in barring and obstructing the doors of the box of said Theatre so as to hinder and prevent any assistance to or rescue of the said Abraham Lincoln against the murderous assault of the said John Wilkes Booth and to aid and abet him in making his escape here in making his escape after commiting said [murder] After [assaulting said [?]] the said [murdered] Abraham Lincoln [in murdered] had been murdered in [m???????] aforesaidand in further prosecution of said unlawful, murderous and traitorous conspiracy and in pursuance thereof and with the intent as aforesaid, the said David C. Harrold did on the night of the 14th of April A.D. 1865 within the Military Department and military lines aforesaid aid abet and assist the said John Wilkes Booth in the Killing and murder of the said Abraham Lincoln and did then and there aid and abet and assist him the said John Wilkes Booth to escape through the military lines aforesaid and did accompany and assist the said John Wilkes Booth in attempting to conceal himself and escape from justice after killing and murdering said Abraham Lincoln as aforesaid. And in further prosecution of said unlawful and traitorous conspiracy and with the intent thereof as aforesaid, the said Louis H. Paine did, on the same night of the 14 day of April A.D. 1865 about the hour of 10 OClock 15 minutes p.m. at the city of Washington and within the Military Department and the military lines aforesaid, unlawfully & maliciously make an assault upon the said William H. Seward Secretary of State as aforesaid in the dwellinghouse and bedchamber of [*7030*] [*272*]him the said William H. Seward and the said Paine then and there with a large [bowie] knife held in his hand unlawfully, traitorously and in pursuance of said conspiracy, strike stab cut and attempt to kill and murder the said William H. Seward and did thereby then and there and with the intent aforesaid with said knife inflict upon the face and throat of the said William H. Seward divers grievous wounds. And the said Louis H. Paine in further prosecution of said conspiracy at the same time and place last aforesaid did attempt with the knife aforesaid, and a pistol held in his hand to Kill and murder Frederick W. Seward and [and did then and there with said knife and pistol a] who were striving to protect and rescue the said William H. Seward from murder by the said Louis H. Paine and did then and there [inf] with said knife and pistol held in his hand inflict upon the head of the said Frederick W Seward and upon the person of said [?????] grievous and dangerous wounds with intent to Kill and murder the said Frederik W. Seward & And in further prosecution of said conspiracy and its traitorous and murderous designs the said Atzerodt did, on the night of the 14 of April A.D. 1865 and about the same time of the night aforesaid within the Military Department and militarylines aforesaid, [did] lie in wait for Andrew Johnson then Vice President of the United States aforesaid with the intent unlawfully and maliciously to Kill and murder him. And in the further prosecution of the conspiracy aforesaid and of its murderous and treasonable purposes aforesaid on the nights of the 13 and 14 of April A.D. 1865 at Washington city and within the military Department and military lines aforesaid the said Michael O. Laughlin did then and there lie in wait for Ulysses S. Grant then Lieutenant General and Commander of the Armies of the United States as aforesaid and also for the Said Edwin M. Stanton then Secretary of War of the United States as aforesaid with intent then and there to Kill and murder th[i]em the said Ulysses S. Grant. & Edwin M. Stanton. And in further prosecution of said conspiracy the said Arnold did, within the military Department and military lines aforesaid on the first day of September 1864 and on divers other days & times between that day and the fifteenth day [and on the day and year last aforesaid,] of [September] April 1865. and combine feet and hands with & and [????ed] abet comfort and support the said John Wilkes Booth Louis H. Paine, G.A. Atzerodt, Michael O. Laughlin and, [*7031*] [*273*]their confederates in said unlawful murderous and traitorous conspiracy and in the execution thereof as aforesaid. And in further prosecution of the said conspiracy John H. Surratt did, at Washington city and within the military Department and military lines aforesaid, on the first day of September 1864 & on divers other days & hours between that day and the 24 day of April 1865 [day and year last aforesaid and on divers other days before and since the said last mentioned day] did receive, entertain, harbor and conceal, aid and assist the said John Wilkes Booth, David E Herrold Louis H. Paine, John H. Surratt, Michael O. Laughlin, and G. A. Atzorodt, Samuel Arnold and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid and with intent to aid, abet and assist them in the execution there, of & in Excepting from justice after the murder of the said Abraham Lincoln as aforesaid. [*7031-a*]No specific act chgd of Atzorodt or John H Surratt & as- Dr Mudd Samuel A. Mudd William C. Cleary (Thompsons clerk) &c Booth was [?] man. referred to by Thompson Clement C. Clay.Charge and Specification Against David E. Herold, G.A. Atzerodt, Lewis Payne, Michael O'Laughlin, John H. Surratt, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd. Charge I. For maliciously, unlawfully, and traitorously, and in aid of the existing armed rebellion against the United States of America on or before the 6th day of March, A.D. 1865, and on divers other days between that day and the fifteenth day of April, A.D. 1865, combining, confederating, and conspiring together with one John H. Surratt, John Wilkes Booth, Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, to kill and murder within the Military Department of Washington, and within the fortified and intrenched lines thereof, Abraham Lincoln, late, and at the time of said combining, confederating, and conspiring, President of the United States of America, and Commander-in-chief of the army and navy thereof; Andrew Johnson, now Vice President of the United States aforesaid; William H. Seward, Secretary of State of the United States aforesaid; Ulysses S. Grant; Lieutenant General of the army of the United States aforesaid, then in command of the armies of the United States, under the direction of the said Abraham Lincoln; and in pursuance of and in prosecuting said malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of said rebellion, afterwards, to wit, on the 14th day of April, A.D. 1865, within the Military Department of Washington aforesaid, and within the fortified and intrenched lines of said military department, together with said John Wilkes Booth, maliciously, unlawfully, and traitorously murdering the said Abraham Lincoln, then President of the United States and commander-in-chief of the army and navy of the United States, as aforesaid; and maliciously, unlawfully, and traitorously assaulting with intent to kill and murder the said William H. Seward, then Secretary of State of the United States, as aforesaid; and lying in wait with intent maliciously, unlawfully, and traitorously to kill and murder the said Andrew Johnson, then being Vice President of the United States; and the said Ulysses S. Grant, then being Lieutenant General, and in command of the armies of the United States, as aforesaid. Specification 1. In this: that they, the said David E. Herold, Edward Spangler, Lewis Payne, John H. Surratt, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, G.A. Atzerodt, and Samuel A. Mudd, incited and encouraged thereunto by Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others, unknown, citizens of the United States aforesaid, and who were then engaged in armed rebellion against the United States of America, within the limits thereof, did, in aid of said armed rebellion, on or before the 6th day of March, A.D. 1865, and on divers other days and times between that day and the 15th day of April, A.D. 1865, combine, confederate, and conspire together at Washington city, within the military department of Washington, and within the intrenched fortifications and military lines of the said United States, there being, unlawfully, maliciously, and traitorously to kill and murder Abraham Lincoln, then President of the United States aforesaid, and commander-in-chief of the army and navy thereof; and unlawfully, maliciously, and traitorously to kill and murder Andrew Johnson, now Vice President of the said United States, upon whom, on the death of said Abraham Lincoln [*7032*] [*274*]2 after the fourth day of March, A. D. 1865, the office of President of the said United States, and commander-in-chief of the army and navy thereof, would devolve; and to unlawfully, maliciously, and traitorously kill and murder Ulysses S. Grant, then Lieutenant General, and, under the direction of the said Abraham Lincoln, in command of the armies of the United States aforesaid; and unlawfully, maliciously, and traitorously to kill and murder William H. Seward, then Secretary of State of the United States aforesaid, whose duty it was by law, upon the death of said President and Vice President of the United States aforesaid, to cause an election to be held for electors of President of the United States—the conspirators aforesaid designing and intending by the killing and murder of the said Abraham Lincolon, Andrew Johnson, Ulysses S. Grant, and William H. Seward, as aforesaid, to deprive the army and navy of the said United States of a constitutional commander-in-chief; and to deprive the armies of the United States of their lawful commander; and to prevent a lawful election of President and Vice President of the United States aforesaid; and by the means aforesaid to aid and comfort the insurgents engaged in armed rebellion against the said United States, as aforesaid, and thereby to aid in the subversion and overthrow of the Constitution and laws of the said United States. And being so combined, confederated, and conspiring together in the prosecution of said unlawful and traitorous conspiracy, on the night of the 14th day of April, A. D. 1865, at the hour of about ten o’clock and fifteen minutes p. m., at Ford’s theatre, on Tenth street, in the city of Washington, and within the military department and military lines aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in pursuance of said unlawful and traitorous conspiracy, did, then and there, unlawfully, maliciously and traitorously, and with intent to kill and murder the said Abraham Lincoln, discharge a pistol then held in the hands of him, the said Booth, the same being then loaded with powder and a leaden ball, against and upon the left and posterior side of the head of the said Abraham Lincoln; and did thereby, then and there, inflict upon him, the said Abraham Lincoln, then President of the said United States, and commander-in-chief of the army and navy thereof, a mortal wound, whereof, afterwards, to wit, on the 15th day of April, A. D. 1865, at Washington city aforesaid, the said Abraham Lincoln died; and thereby, then and there, and in pursuance of said conspiracy, the said defendants and the said John Wilkes Booth did, unlawfully, traitorously and maliciously, and with the intent to aid the rebellion, as aforesaid, kill and murder the said Abraham Lincoln, President of the United States as aforesaid. And in further prosecution of the unlawful and traitorous conspiracy aforesaid, and of the murderous and traitorous intent of said conspiracy, the said Edward Spangler, on said 14th day of April, A. D. 1865, at about the same hour of that day, as aforesaid, within said military department and the military lines aforesaid, did aid and assist the said John Wilkes Booth to obtain entrance to the box in said theatre, in which said Abraham Lincoln was sitting at the time he was assaulted and shot, as aforesaid, by John Wilkes Booth; and also did then and there aid said Booth in barring and obstructing the door of the box of said theatre so as to hinder and prevent any assistance to or rescue of the said Abraham Lincoln against the murderous assault of the said John Wilkes Booth, and did aid and abet him in making his escape after the said Abraham Lincoln had been murdered in manner aforesaid. And in further prosecution of said unlawful, murderous and traitorous conspiracy, and in pursuance thereof and with the intent as aforesaid, the said David E. Herold did, on the night of the 14th of April, A. D. 1865, within the military department and military lines aforesaid, aid, abet and assist the said John Wilkes Booth in the killing and murder of the said Abraham Lincoln, and did then and there aid and abet and assist him, the said John Wilkes Booth, in attempting to escape through the military lines aforesaid, and did accompany and assist the said John Wilkes Booth in attemping to conceal himself and escape from justice, after killing and murdering said Abraham Lincoln as aforesaid. And in farther prosecution of said unlawful and traitorous conspiracy, and of the intent thereof as aforesaid, the said Lewis Payne did, on the same night of the 14th day of April, A. D. 1865, about the same hour of ten o’clock fifteen minutes p.m., at the city of Washington, and within the military department and the military lines aforesaid, unlawfully and maliciously make an assault upon [ page break ] 3 the said William H. Seward, Secretary of State, as aforesaid, in the dwelling-house and bed-chamber of him, the said William H. Seward, and the said Payne did then and there, with a large knife, held in his hand, unlawfully, traitorously, and in pursuance of said conspiracy, strike, stab, cut, and attempt to kill and murder the said William H. Seward, and did thereby, then and there, and with the intent aforesaid, with said knife, inflict upon the face and throat of the said William H. Seward divers grievous wounds. And the said Lewis Payne, in further prosecution of said conspiracy, at the same time and place last aforesaid, did attempt with the knife aforesaid, and a pistol held in his hand, to kill and murder Frederick W. Seward, Augustus H. Seward, Emrick W. Hansell, and George F. Robinson, who were then striving to protect and rescue the said William H. Seward from murder by the said Lewis Payne, and did then and there, with said knife and pistol held in his hands, inflict upon the head of said Frederick W. Seward, and upon the persons of said Augustus H. Seward, Emrick W. Hansell, and George F. Robinson, divers grievous and dangerous wounds, with intent, then and there, to kill and murder the said Frederick W. Seward, Augustus H. Seward, Emrick W. Hansell, and George F. Robinson. And in further prosecution of said conspiracy and its traitorous and murderous designs, the said G. A. Atzerodt did, on the night of the 14th of April, A. D. 1865, and about the same hour of the night aforesaid, within the military department and the military lines aforesaid, lie in wait for Andrew Johnson, then Vice President of the United States aforesaid, with the intent unlawfully and maliciously to kill and murder him, the said Andrew Johnson. And in the further prosecution of the conspiracy aforesaid, and of its murderous and treasonable purposes aforesaid, on the nights of the 13th and 14th of April, A. D. 1865, at Washington city, and within the military department and military lines aforesaid, the said Michael O’Laughlin did then and there lie in wait for Ulysses S. Grant, then Lieutenant General and commander of the armies of the United States as aforesaid, with intent then and there to kill and murder the said Ulysses S. Grant. And in further prosecution of said conspiracy, the said Samuel Arnold did, within the military department and military lines aforesaid, on or before the sixth day of March, A. D. 1865, and on divers other days and times between that day and the 15th day of April, A. D. 1865, combine, conspire with, and aid, counsel, abet, comfort, and support, the said John Wilkes Booth, Lewis Payne, G. A. Atzerodt, Michael O’Laughlin, and their confederates, in said unlawful, murderous and traitorous conspiracy and in the execution thereof, as aforesaid. And in further prosecution of the said conspiracy, Mary E. Surratt did, at Washington city, and within the military department and military lines aforesaid, on or before the sixth day of March, A. D. 1865, and on divers other days and times between that day and the 20th day of April, A. D. 1865, receive, entertain, harbor and conceal, aid and assist the said John Wilkes Booth, David E. Herold, Lewis Payne, John H. Surratt, Michael O'Laughlin, G. A. Atzerodt, Samuel Arnold, and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid, and with intent to aid, abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, as aforesaid. And in further prosecution of said conspiracy the said Samuel A. Mudd did, at Washington city, and within the military department and military lines aforesaid, on or before the sixth day of March, A. D. 1865, and on divers other days and times between that day and the twentieth day of April, A. D. 1865, advise, encourage, receive, entertain, harbor and conceal, aid and assist the said John Wilkes Booth, David E. Herold, Lewis Payne, John H. Surratt, Michael O’Laughlin, G. A. Atzerodt, Mary K. Surratt, and Samuel [?]. Arnold and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid, and with intent to aid, abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, in pursuance of said conspiracy in manner aforesaid. Department of State Washington ___________186____________ Hiram Rossman, Says he lives at Port Byron Cayuga County, New York, - Left home nearly five years ago. Has been in Michigan and Wisconsin, - most of the time since- is 22 years old - Mr Rossman has been in Toronto & Hamilton since last April - Has been kept by James B Clay, Jasper [*7033*] [*275*]Gill of Saint Louis, who is in Canada, & a Mr Johnson from Memphis, because they thought he was a sympathizer with them - they wanted him to go South and join the rebel army. - Failing in that they tried to induce him to join the Conspiracy for the [reli??ing] the prisoners on Johnson'sIsland - Some three weeks ago they had a Secret meeting in Hamilton to organize a party to release the prisoners - At that meeting there were probably 300 present - All Southern men - Jasper Hill is the leading Conspirator - He told Mr Rosman that he [*7033a*] [*275a*]was the Captain of the band - their plan is to take boats from Toron. And he said that they would capture Canadian boats if necessary- When they release the prisoners they propose to take them to Canada - There are a great many of Morgan's men there - they visit Buffalo and Detroit very often - Mr Hill told him that Mr Lincoln should2 Department of State Washington____186____ be reelected they intend to burn Detroit and Buffalo, but that if McClellan should be elected they would not do so - because they pretend to have an understanding with him and with the leaders of his party [tho] for the establishment [*7034*] [*276*]of peace on the basis of Southern independence - [in the event of] A man by the name of Chris Buck, a bounty jumper [is the ] has been the bearer of letters from [the] Clay to Valandigham - He generally goes by way of Fort Sarnai, and thence by way of Chicago- He is about 25 years old - about 5 feet 7 inches high - blue eyes- Sandy moustache - heavy and long - thin face with a mole on his right cheek, close to his nose- low forehead, slightly bald, but covers the baldness with hair from front - His wife lives at the Bridge, Canada side - boards at the British American Hotel - Buck went about two weeks ago - His fatherlives near Utica New York - [W] Buck told him that he had been arrested in Troy N.Y as a absentee but that he effected his escape & went to his father's and thence to Canada - He also said he had an interest in a Sutlers tent in the Army of the Potomac, near City Point and that he visited it about a mon[th] ago-3 Department of State Washington_____________186__________ Jasper Hill tried to hire Mr Rosman to go to Johnson's Island about 2 weeks ago to see the officers confined there and make arrangements with them, and also ascertain how much force was guarding them, and how it was disposed of and to obtain any other [things] careful information and [*7035*] [*277*]report it to him - He says the rebels in Canada have a regular mail line by way of Chicago Cairo &c to Richmond - He thinks he can break it up - He also says he knows a large numbers of professional bounty jumpers in Canada, Some of whom have enlisted and desirted as many as 20 times.Chf Staff File PoliceI respectfully submit that A. R. [Cazaruan] Cazauran, now acting as a Reporter for the Washington Chronicle be excluded from the sessions of - this Commission for the following reasons:- 1st. In that he is a convicted felon; having been tried, convicted and sentenced to imprisonment for three years for the crime of forgery. For proof of which I refer to the Register of the Sing Sing prison of N.Y. State. 2nd In that he is a thief -; Having while acting as an agent for Robt. Heller on the occasion of a benefit - being given for the Orphans Asylum in Cincinnati, collected and absconded with the funds, [am our] A warrant for his arrest was issued and preparations are being made for it being served. For proof of which I refer to Mrs. Jacob Groff, of Cincinnati, the Treasurer of the Charity referred to, 3rd. In that he is a rebel, having [*7036*] [*278*]proceeded with the stolen funds to Memphis, Tenn. at the breaking out of the rebellion, where he became editor or sub-editor of the Memphis Argus, in which paper he published the most incendiary and blood thirsty tirades against the Government, and especially urging that Cincinnati, which he designated as the most loathsome abolition hole on this Continent, should first he benefit out of existence. For proof, I refer to M. Halstead Esqr, Editor of the Cincinnati Commercial, who systematically repeated in his paper the effusions of this man, in order that the Cincinnati public might form an idea of the value to be attached to the venomous expressions of hate towards the Govt . and the North Bernet Pitman Military Recorder Col. Burnetts Office War Department Washington D.C.1. not wrongful, but unlawful - not unlawful. So stood Law 12 vol. pg. 379. - [1] 3rd March 1813. - - 2 Stat. 819 - 20 See. 7. Good vs. U.S. 16 Pct 362. & 63 66 See 1799. is it repealed, repeal by necessary implication - if positive repugnance. _ ._ U. S. by Freeman - 3 Hond 564-5! Wayne J. If dif. Statutes are [????tured] together, 1125 Avery regulation & adopted by Congress & it repealed - 1625. 25 Paragraph - Were the regulations of more force against a subsequent Law - & then on previous Statutes. W. S. M Eliason - 16 [?] 302, Orders within sphere of real authent [*7037 279*]3 3 Reg, 1840- 9 Oct. Charged with the Administration by the med. ephemeral a pap's Oct 14- Purveyor shall under order of Sarg Genl - [puncture?] all Starts etc. no word "Select" there. 4th, Next [???lution] 25 Sep 1850 h. 10. Sec.17. Med Purveyor under [O??ti??] of Sarg Genl — Shall purchase all Med Sterls. 5. March 26 1856 - Jeff Davis x at [?] 5 - 3d Oct. Med Purveyors with far- nich Medical Supplies and an order of Sarg Genl.4 6. Rep 1860 - Floyd - p -5 - Oct 2. Med Purveyor will make the necessary acquisitions will be made from Surg. Genl - Med Purveyors at Principal Deputy. 1861. Put in Blue Book of Army regulations May 7. 1863 - Directive - Reg. Embodies into the Stat. with - On the Subjects of Surgery Order to Surg. Cox - was but a reiteration of order of 5 different [?] - that to four private business in Phil. because like amt purchased in N. J. [?] [?] of Cooper, [* 7038 280 *]5 - 3 Spec, Blankets of good quality. - 4 Spec, Lap Hospitals, ordered [?] 1. letter has been stolen from the Department. I regard to that letter to prove that We will offer proof to show that he did try to write another letter different entirely - an additional letter — by date 17 June from Surg Genl - HC. - -That took 244 - weighing over 800 lbs That the bales shown to Baton & Gentlemen were sent by this catg Spec. 6. That Wyeth & Bro had supplied $100000 before Surg Genl came into office. On 29 Jul '62 gave an order & Nick Cooper on 30 Jul - '62 - he gave order to purchase in open market a letter on 29 July [*7039*] [*281*]