Qass— £"^^1 Book >87^ — - « TESTIMONY FOR PROSECUTION AND DEFENCE Iisr THJB CA.SB OF EDWARD SPANGLER, Tried for Conspiracy to Murder the President, BEFORE A MILITAKY COMMISSION, OF WHICH MAJOR-GENERAL HUNTER WAS PRESIDENT, WASHINGTON, D. C, MAY AND JUNE, 1865 THOMAS EWING, Jr., Counsel for the Accused. MAY It. Sergeant Joseph M. Dye, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate; Q. State whether or not, on the evening of the 14th of April last, you were in from of Ford's Theatre, and at what hour you were there. A. I was sitting in front of Ford's Theatre about half-past nine o'clock. Q. Did you observe several persons, whose appearance excited your suspicions, confer- ring together upon the pavement in front of the theatre ? A. Yes, sir. Q. Describe their appearance, and what they did. . A. The first appearance was an elegantly .'sd,ressed gentleman, who came put of the pas- "sage, and commenced conversing with a ruf- tiauly-looking fellow. Then there was an- other one appeared, and the three conversed together. After they had conversed together, it was drawing near the second act. The one that appeared to be the leader of them, the M ell-dressed one, said, " 1 think he will come • out now," referring to the President, I sup- posed. Q. Was the President's carriage standing there ? A. Yes, sir. One of them had been stand- ing out, looking at the carriage on the curb- stone, while 1 was sitting there, and then went back. They watched a while, and the rusb came down; many gentlemen came out and went in and had a drink in the saloon below. Then, after they went up, the best- dressed gentleman stepped into the saloon himself; remained there long enough to get a drink, and came out in a style as if heXViag^ becoming intoxicated. He stepped up afid whispered to this ruffian, (that is, the mis- erablest-looking one of the three,) and step- ped into the passage — the passage that leads to the stage there from the street. Then the smallest one stepped up and called the time, just as the best aressed gentleman appeared again, from the clock in the vestibule. Then he started up the street, and remained there a while, and came down again, and called the time again. Then I began to think there was something going on, and looked towards this man as he called the time. Presently he went up again, and came down then and called the time again. Then I began to think there was something going on, and I looked towards the man as he called the time. Pre- sently he went up again, and then came down and called the time louder. I think it was ten minutes after ten that he called out then. Q. Was he announcing it to the other two ? A. Yes, sir; then he started on a fast walk up the street, and the best-dressed one among them started into the theatre, and went in- side ; I was invited by Sergeant Cooper to have some oysters, and we had barely time to get in the saloon and get seated, and order the oysters, when a man came running la and said the President was shot. Q. Would you recognize that well-dressed person from his photograph, if you were to see it now? A. Yes, sir. Q. [Exhibiting Booth's photograph, Exhi- bit No. 1 ] Look at that photograph. A. That was the man ; but his moustache was heavier and his hair longer than in this picture. Q But do you recognize the features ? A. Yes, sir ; this is the man ; these are his features exactly. .513 Q. What restaurant did that man go into to drink? A. The restaurant just below the theatre, towards the avenue. Q. Did he go in alone? A. Yes, sir; he went in alone. Q. Can you give a more particular de- scription of the ruffianly-looking man, whom you saw? What was his size? and what was it that gave him such a ruffianly appearance ? Was it his dress? A. He was not as well dressed as the rest of them. Q. Was be shabbily dressed or dirtily dressed ? A. His clothes had been worn a consider- able time, and he bad a bloated appear- ance. Q. Was he a stout man? A. Yes, sir, and a rough face. Q. Which way did he go ? A. He remained there at the passage, and the other one started up the street. Q. The time was announced to the other two men three times by him, was it ? A. Yes, sir, three times. Q. The last, you think, was ten minutes after ten ? A. The last time he called out was ten minutes after ten. Q. Immediately on announcing that, did Booth leave and go into the theatre? A. He whispered to the ruffian and started in. Q. Look at these prisoners and see whether you recognize any of them as either of the persons present on that occasion? A. If that man [pointing to Edw'd Spang- ler] had a moustache, it wouid be just the appearance of the face exactly. Q. Do you mean that the rough looking man was like him, except that he had a mous- tache ? A. Yes, sir. He was standing at the en- trance of the passage, but I think he had a moustache, a heavy one. It was rather dark back there; the gas-light did not shine very much on it, but I saw the moustache. Q. I understand you to state that the call was made from the clock in the hall of the theatre ? A. Yes, sir. He stepped up there and called the time right in trout of the theatre. Q. Can you tell at what time the other calls were made ? You have stated that the last was at ten minutes past ten. A. They were all between half-past nine and ten minutes after ten. Q. Do you think you could recognize either of the other persons? A. The one that called the time was a very neat gentleman, well-dressed and he had a moustache. Q. Do you see him here ? A. He was better dressed than any I see here. He had on one of the fashionable hats they wear here in Washington, with round tops and stiff brim. Q. Can you describe his dress as to color and appearance ? A. No, sir, I cannot exactlj' describe it. Q. How was the well-dressed man as to size? A. He was not a very large man — about five feet six inches high. Q. You have never seen that man before or since? A. No, sir. Q. Do you remember the color of that mau's clotnes? A. His coat was a kind of drab color. Q. V7hat color was his hat ? A. His hat was black, similar to the one I had on the same nii^ht. Q. Did you observe whether they had spurs on, any or them? A. I did not observe that. Cross-examined by 5Ir. Aiken: Q. You say that tlie well-dressed man wore a black hat, and was about five feet six inches high? $ A. les, sir. Cross-examined by Mr. Ewing : Q. How long did you observe the slouchy man ? A. I observed him while I was sitting there. Q. About how long? A. While I was sitting there and until I left. Q. Could you not fix some time? A. I was there till the last time was called, and I was there from about twenty-five min- utes after nine or half-past nine. Q. You went there at twenty-five minutes after nine or half-past nine, and left when this man called, ten minutes past ten ? A. Yes, sir. Q. Was the slouchy man there during the whole of that time— the man dressed ia slouched clothes? A. Yes, sir; he remained at the passage. Q. Was he there during the whole of that time? A. Yes, sir. Q. Will you describe the several articles of his dress as near as you can ? A. I could not observe him well ; he was back, and it was rather dark there. Q. Could you see his countenance? A. Yes, sir. Q. Did you notice the color of his eyes ? A. No, sir ; I did not observe that. Q. Did you notice the color of his mous- tache ? A. The moustache was black. Q. Did you notice the color of his hair? A. No, sir; because he remained in one position. Q. What shaped hat had he on ? A. A slouched batj one that had been worn some time. Q. Had he an overcoat on? A. 1 did not observe that. Q. Do yoii recollect anything as to the color of the coat? A. No, sir ; he did not move around, and I did not pay any particular attention, only that I observed the well-dressed gentleman would whisper to him ; that was all. Q. Exactly where did he stand ? A. Right at the passage. Q. Inside? A. No, sir; right at the end of the pas- sage. Q. On the pavement? A. Yes, sir. Q. Near the President's carriage? A. No, sir; the President's carriage was at the curb-stone. Q. Did he occupy the same position dur- ing the whole of this time? A. That man did. Q. You refer to the man of slouched dress ? A. Yes, sir. Q. Which way did Booth enter the last time? A. He just stepped right up into the front door. Q. Did you see the man in slouched dress standing there at that time? A. "When Booth whispered to him and left him, I did not see him change his position, because I was observing Booth. As soon as Booth stepped into the theatre, we started. The other man started on a fast walk up the street, Q. You do not know whether the man in the slouched dress did not come out on the pavement before Booth went out? A, I do not recollect his coming out on the pavement. Q. What attracted your attention to that man ? A. This elegantly-dressed, gentlemanly- looking man addressing him. Q. When did you notice him speak to him first? A. When I first came there. Q. At about twenty-five minutes past nine or half-past nine? A Yes, sir.' Q. How long after Booth entered the thea- tre was it that you heard the news of the as- sassination? A. I cannot state the precise time. Q. About what time? A. Well, fifteen minutes, I presume. Q. Do you think it was as long as that? A. It might not have been as long, but I cannot be certain. Q. What did yoa do in the meantime? A. We started, turned the corner, went into a saloon ; debated a while which saloon to go to. I do not know how long it took us. We had just got in and ordered oysters, as a man came in telling us the news. Q. Do you think it was not exceeding fif- teen minutes? A. I think so. Q. Do you think it may have been less? A. I do not know about that ; I am not certain. Q. About how high do you think the man dressed in the slouched clothes was? A. He was about five teet eight or nine inches. By Mr. Aiken : Q. Will you state, as near as you can re- collect, the time you first observed those gen- tlemen in front of the theatre? A. Twenty-five minutes^or half-after nine o'clock. By the Court : Q. Do you say, without hesitation, that Spangler was the man? A. I say that was the countenance, except the moustache. Q. Do you say that was the man ? A. I say the countenance was the same ; he resembled that face as much as possible. By .Mr. Ewixg : Q. Have you seen this man since the assas- sination of the President? A. Yes, sir. Q. Where? A. In the Capitol Prison. Q. In the presence of what persons? A. In the presence of the proprietor, I pre- sume. Sergeant Cooper, and another prisoner. Q. Did it seem to you then that he was the man? A. All but the moustache. Q. But you say that he was under the shadow, so that you could not observe his features distinctly ? A. I remember the face — the expression of his countenance. Q. But you did not see his eyes ? A. No, sir. John E. Buckingham, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate: Q. Do you reside in Washington? A. Yes, sir. Q. What business were you engaged in during the month of October? A. I am at night doorkeeper at Mr. Ford's Theatre, and in the daytime I am employed in the Washington Navy Yard. Q. Were you acquainted with J. Wilkes Booth during his lifetime? A. Yes, sir ; I knew him by coming to the theatre. Q. You kn^w him by sight? A. Yes, sir. Q. Will you state whether or not you saw him on the evening of the 14th of April, at what hour, and what occurred in connection with it? A. I should judge it was about ten o'clock that he came there to the theatre, walked in, | and walked out again, and he returned, I judge, in about two or three minutes. He carne to me and asked me what time it was. I told him to step into the lobby that leads I out into the street, acd he could see. He i stepped out, and walked in again and stepped into the door that leads to the parquette and j dress circle, and returned immediately, came out, and went up the stairway to the dress circle. The last I saw of him was, he alight- ed on the stage from the box, running across j the stage with a knife in his hand. He was j uttering some sentence, but I could not un- | derstand it well at the time ; I was too far ' back from him, at the front door. Q. He went into the President's box, did , he? A. I could not say. Q. He was on that side of the dress circle? A. I was down below, underneath. The dress circle extends over my doorway, so that 1 could not see. Cross-examined by Mr. Ewing : Q. Are you acquainted with the prisoner, Edward Spangler? A. Yes, sir; knowing him at the theatre. Q. You have known him? A. I hare known him to be there at the theatre. Q. Did you see him enter or come out of the front o'f the theatre during the play? A. I did not. Q. Stale the position of your box. Is it that you would be likely to see any persons who entered from the front of the theatre? A. Yes, sir; every person has to pass me on entering the theatre ; that is, in the low- er part, for the parquette, dress circle, and orchestra. Q. Do you observe the persons that go in? A. No, I do not take notice of the persons. Q. Do you see that persons do not go in who are not authorized to do so? A. Yes, sir. Q. If this man Spangler had gone in from the street, entering at the front of the thea- tre, would you likely have seen him? A. Yes, sir. Q. "Would you have been pretty sure to see him? A. Yfs, sir, he could not have passed me without my seeing him. Q. Are you certain he did not pass then? A. I am perfectly satisfied that he was not in the front part of the house that night. Q. Did jou see him that night at all ? A. Not to my recollection. Q. Did you ever see him wear a mous- tache ? A, No, sir, not as I can recollect of. James P. Ferguson, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Do you reside in "Washington city? A. Yes, sir. Q. "What business are you engaged in ? A. The restaurant business. Q. "Where? A. No. 452 Tenth street. Q. Near Ford's Theatre? A. Adjoining the theatre, on the npper side. Q. Did you know J. "Wilkes Booth in his lifetime? A. I did. Q. Did you see him on that evening? A I saw him that afternoon ; I do not recollect exactly what time, but it was some time between two and four o'clock, I think. He came up in front, just below my door, on the street. I walked out to the door and saw Mr. Maddox standing out by the side of his horse — a small bay mare. Mr. Maddox was standing aside of him, with his hand on the horse's mane, talking. I stood on the porch a minute, and Booth looked around and said, " See what a nice horse I have got." As I stepped out near him, he stiid, " Now watch ; he can run just like a cat;" and struck his spurs into the horse, and off he went down the street. I did not see him any more until that niaht, somewhere near ten o'clock, I should think. Along in the afternoon, about one o'clock, Harry Ford came into my place and said to me, "Your favorite, General Grant, is going to be in the theatre to-night, and if you want to see him, you had better go and get a seat." I went and secured a seat directly opposite the President's box, in the front of the dress circle. He showed me the box that he said the President was to be in,_and I got those seats directly opposite. I saw the President and his family when they came in, and some gentleman in plain clothes with them. I did not recognize him, but I knew from the appearance of the man that it was not Grant. I supposed that probably Grant had remained outside so as not to create any excitecs.ent in the theatre, and would come in alone and come in the box ; and I made up my mind that I Avould see him before he went in, and I watched every one that passed around on that side of the dress circle toward this box. Somewhere near ten o'clock, I should think it was — it was the second scene in the third act of the play they were playing — Our American Cousin — I saw Booth pass along near the box, and then stop and lean against the wall. He stood there a moment. Something directed my at- tention on the stage, and I looked back and saw him step down one step, put his hands to the door and his knee against it, and push the door open — the first door that goes into the box. I did not see any more of him un- til I saw him make a rush for the railings that ran around the box to jump over. I saw him put his left hand on the railing, and he seemed to strike back with the right with a knife. I could see the knife gleam, and that moment he was over the box. The Presi- dent sat in the left-hand corner of the box, and Miss Harris in the right-hand corner. Mrs. Lincoln sat to the right of the Presi- dent, as I am sitting here. Then the gentle- man in citizen's clothe?, whom I learned afterward was Major Rat hbone, sat back al- most in the corner of the box. The Presi- dent, at the time he was shot, was sitting in this position ; he was leaning his hand on the rail, and was looking down at a person in the orchestra, not looking on the stage. He had the flag that decorated the box pulled around, and was looking between the post and the flag. As the person lit on the stage, just as he jumped over, I saw it was Booth. I saw the flash of the pistol back right in the box. As he struck on the stage, he rose and exclaimed, "Sic semper tyranjus," and ran right directly across the stage to the oppo- site door, where the actors come in. I did not see anything more of him that evening. I got out as quick as T could. I had a little girl with me, who lived on E street. As I understood General Grant was to be at the theatre that night, I took her with me to see him. I got her home as quick as I could, and then ran down Ninth street to D, and through P to the police station, went up stairs, and told the Superiutendent of Police, Mr. Webb. I then ran up Tenth street to the house where the President was. Some one told me that General Augur was up there, or Colonel Wells. Colonel Wells was standing out on the step of Mr. Peterson's house. I told him I had seen it all, and knew the man that jumped out of the box. He told the guard to pass me through, and I went in and stated it to him. I then went over the stieet and went to bed. In the morning, when I got up, I saw Mr. Gilford, and he said to me, "You made a hell of a statement about what you saw last night. How could you S€e the flash of the pistol when the ball was shot through the door?" I said to him, '•Mr. Gilford, that pistol never exploded in any place but in the box ; I saw the flash." Said he, " Oh, hell, the ball was shot through the door, and how could you see it?" I studied about it all day. On Sunday morn- ing. Miss Harris came down, and her father. Senator Harris, and Judge Olin and Judge Carter, and I went into the theatre with them. We had a great deal of difficulty in getting the theatre open. Maddox and Gif- ford were in the theatre, but would not open the door. I sent a j'oung man through my back way, and he broke a window in, and then Maddox came to the front door, opened the theatre, and let us in. We got a candle and examined this hole, where Mr. Gilford said the ball was shot through. It looked to me like as if it had been bored by a small gimlet, and then cut around the edge with a knife ; and in several places it was scratched down as if with a knife. This thing had bothered me all night on Saturday night, and after this examination, I was satisfied that I saw the flash of the pistol. Mr. Gif- ford's accusing me of making this statement bothered me all night. I saw him on Mon- day, and said to him, " Mr. Gifford, you are a very smart man. You knew that ball was not shot throuiih the board." Said be, "I have understood since that it was cut through." Said I. "Did you not know it was cut through?" Said he, "No; how did I know anything about it?" and walked away and left me. Q. Is Gifford the chief carpenter of the theatre? A. Yes, sir ; he had charge of the theatre altogether. He was chief carpenter, and then he had the manaiiement of the theatre; he bad full charge of it; at least, I always un- derstood so. I recollect that when Richmond was surrendered, I mentioned to him, " Have you not got any fli^s in the theatre?" He said to me, " Yes, I have ; I guess there is a flag about." I said to him, " Why do you not run it out on that roof?" and he said, "There is a rope; is not that enoagh ?" Said I, "You are a hell of a man ; you ought to be in the Old Capitol," and walked away and left him. He did not like me anyhow. Q. The President's box was on the south side of the theatre? A. Yes, sir ; he always had that box every time I ever saw him at the theatre. Q. Did you hear any other exclamation besides " Sic temper Tyrannis?" A. I heard some one hallo out of the box — I do not know that it was him ; I suppose it was though ; it must have been — "Revenge for the South," just as he was putting his foot over this railing. There was a post there, and the President was right in the cor- ner, and he jumped in between the President and the post. Just as he went over the box, I saw the President raise his head and then it hung back, and I saw ilrs. Lincoln catch him on the arm. I was satisfied then that he was hurt. By that time Booth was across the stage. Q. Did Booth's spur catch in the flag ? A. His spur caught in the flag that was stretched around the box. There was also a flag decorating this post. His spur caught in the blue part of it. 1 thought it was a State flag at first by the looks of it, but I saw af- terwards when I examined it that it was the blue part of the Americau flag. As he went over, his spur caught in the moulding that ran around the edge of the box and also in this flag, and tore a piece of the flag as he struck on the stage, and it was dragged half- way across the stage on his spur. I saw that the spur was on his right heel. Q. Did you observe that hole closely to see whether it had been freshly cut? A. No, sir; I could not tell; it looked as thouorh it was just done. Miss Harris re- marked that Diorning, " There is one thing I want to examine ; I am satisfied there was a bar across the door when I jumped off my seat and called for assistance." We went and looked, and there was a square hole cut iu the wall just big enough to let iu a bar, and this ran across to the door. The door stands in a kind ot an angle, and thi? bar being placed in the wall, th" other end came against the door, and you could not open it. That had been cut with a penknife, as it looked to me. There was a scratch down the wall. Q. Could you observe the character of the spur at all, or did he move too rapidly for that? A. I could not observe that. The way I noticed the spur was, when I saw the flag pulled down I watched to see what it was caught to, as he went over the edge of the box. Q. You did not see him after he disap- peared behind the scenes ? A. No, sir ; I did not see him afterwards. He ran right acro?s the stage. I was up in the dress-circle and he ran out the side door. A young man named Hawk was the only one on the stage at the time. As he went over he had the knife raised, the handle up and the blade down. Q. He went out on the opposite corner of the sta2;e from the President's box ? A. Yes, sir; he ran right straight across the stage. Cross-examined by Mr. Ewing : Q. Did you see the bar? A. I did not. We could not find it. There was no bar there on Sunday morning. Q. Do you know Edward Spangler, the prisoner at the bar ? A. I know Mr. Spangler. Q. Did you see him that niglit? A. I do not recollect seeing him that night at all. I was in the theatre all the night. I went in, I think, at about twenty minutes to eight o'clock. I wanted to be there before the party came there, and I went in early. I did not see Mr. Spangler that night at all, that I recollect. Q. Do you know him well? A. Yes, sir; he worked at the theatre, Q. Did you ever see him wear a mous- tache ? A. I do not think I ever did. I do not recollect ever seeing hini wear a moustache. He never wore any moustache, I think, since I have been there. William Withers, Jr. a witness called for the prosecution, being duly sworn, testified as follows : By the JtJDGE Advocate : Q. Do you belong to the orchestra of Ford's Theatre ? A. Yes, sir. Q. Were you there on the night of the as- sassiaatio i of the President? A. Yes, sir. Q. Did you see J, Wilkes Booth ? A. Yes, sir. Q. State what you saw of him. A. I had some business on the stage with our stage manager that night in regard to a national song that I had composed, and I went to see in what costume they were going to sing it in, as it was the after piece. I went up on the stage and talked with the sta/];e manager a little while, and he told me that they would sing it in the costume they wore in the piece. After that was over I went to return under the stage, where my orchestra was, and went very leisurely along, and I heard the report of the pistol just as I was in the act ofgoiug under thestage. I stood with astonishment to think why they should fire a pistol off in "Our American Cousin," as I had never heard of such a thing before. As I turned around I heard a confusion, and met this man [Booth] running towards me, with his head down. I stood completely par- alyzed at the time. I did not know what was the matter. As he ran I could not get out of his way, so be bit m=' on the leg and turned me around, and made two cuts at me — one in the neck and one on the side — and knocked me from the third entrance down to to the second. The scene saved me. As I turned I got a side view of him, and I saw it was Johu Wilkes Booth. He then made a rush for the door, and out he went. After that was over I returned on the stage, and I heard then that the I'resident was killed, and I saw him in the box, apparently dead. Q. Which way did he go out of the theatre ? A. Out of the back door. Cross-examined by Mr. Ewing : Q. Are you acquainted with the prisoner Edwaid Spangler? A. I have known him ever since I have been in the theatre. Q. Did you see him that night? A. No Sir; I do not recollect of seeing hira that night. I only happened to go on the stage in that act that night to see the stage- manager, Mr Wright. Q. W^liich side of the stage did j-ou go on ? A. The right hand side facing the audi- ence. Q. That was the side farthest from the President box ? A. Yes, sir. Q. What was the position of this man Spang- ler ? What place had he on the stage, if any ? A. His position ought to have lieen at the scene. If it should be changed, right in the centre of the stage. His business there >s to change the scenes, and he ought to have been there, either at the wing or right be- hind the scenes. Q. On which side? A. I really do not know. There are two that shift the scenes, but I do not know which position he had there. Q. You do not know which side was his position? A. No, sir. Q. Do you know whether the passage through which Booth passed out of the door is obstructed generally? A. Sometimes there are a great many scenes there so that you cannot pass. Dur- ing some of the pieces while Air. Forrest was there, there were a great ma^i\' scenes put up against the wall, and generally there are a lot of tools lying close by this door, but oji that night everything seemed to be clear. I met nobody tliere that night that I met John Wilkes Booth. Q. Was there a necessity for mnnv shift- ings of the scenes in the play that night? A. There was a very long wait in that scene. 1 think it was the time Asa Trench- ard was to meet ilarj- Meredith and propose to her. After he does that they both go otF and the scene changes there. I do not think it wanted many minutes until the scene changed. Q. Was it a time in the scene, and such a scene, where the stage and that pasuage-way would probablj', in the ordinary course of things, have been obstructed? A. A little, by some of the scene-shifters. They might have been there, and the actors ; some of them had to go on the next scene, which required their presence. Q. Where is the actor's room? A. The actor's room is to the right, facing the audience as you go up the stairs; the green room is about two yards from the stage ; there is a wall partition that separated the stage and the green-room, and then there is the stars' room, on the first floor, end up stairs are the dressing-rooms for the act- ors. Q. The green-room is the p'ace where the actors wait before going on the stags? A. Yes, sir; they are called from this room to prepare to go on the stage about five minutes or sometimes two minutes before they go on the stage, and they sit down there and wait for the call-boy to call them and go on in the respective scenes. Q. Did Booth pass between the scenes and the green room? A. Yes, sir. Q. How wide is that passage between the scenes and the green room? A. I should judge it to be about as wide as this railing, (about four feet.) The door faces right on the stage. There is another scene that comes to separate it, but this leaves the door from the scene. You look from the scenes to the dressing-room. Here is a scene and there also ; and from here there is a prompter's desk, and this scene is open from the door that leads into the dressing- j room. Then there is an open space that leads right on to the stage, and nothing to obstruct the passage. | Q. I mean from the door out of which he passed ? A. It is not so large as the dressing-room door there, and there are some scenes there that obstruct the passage for anybody. — Where we go down under the stage there is a little bo.ic made, where the carpenters put their tools on sometimes. You have to stoop as you go under to get to the orchestra, and there is nnly a little narrow passasre as you get out of this door. It is narrower about two yards before you get to the door than before. Q. And in passing from where Booth leaped on the stage to where he made his exit, he would leave the green-rootu to the left? A. Yes, sir. Q. As he would pass between the scenes and the green-room ? A. No; he would pass the green-room door. There is a partition that separates the green-room. You have to go in about two yards after leaving this door to get into the green-room, and when that is shut, the stage is all open. Q. Did you ever see Spangler wear a moustache? A. No. I have seen him as he appears now. I do not recollect ever seeing him wear a moustache. Q. How long have you known him? A. Ever since Ford's Theatre was opened. I played there when it first opened. Q. How long? A. That is going on two years now. By the Jddge Advocate : Q. Will you state if there is not a side way by which the theatre can be entered without passing through the door — parsing between the ssaloon and the theatre ? A. Not that I know of. Q. Cannot it be entered from the street in that way, going in the back way? A. Not that 1 know of. There is only one little passage where the actors and the or- chestra get in, that leads out of the saloon. There is a door that leads into the saloon, and from this passage leads into the theatre. Q. That is used by the actors and persons connected with the theatre? A. Yes, sir. It was used when the the- atre first opened, so that the actors could go out, without being observed, to get a drink sometimes. This little door leads into the bar-room. Q. Is there a passage way from the rear of the theatre to the front without passing through that front door? A. Not that I know of. By the Court : Q' When you met Booth on the stage as he was passing out, could you see the door where he went out ? A. Yes, sir. Q. Was th"rr any door-keeper standing around there that you saw? 8 A. I did not ?ee one. Q. Wns the door open ? A. I do not think it was, because, as I turned around when I heard the report of the pistol — I was astonished that a pistol should be fired off in that piece — I looked at the door, because the door was only a yard from ine. Q. There was nothing to obstruct his pas- sage out? A. No, sir, nothing. Q. Was not that an unusual state of things? A. It seemed strange to me. Q. Was it not unusual ? A. Yes, sir. Q, Was there any check at the door, or was it open before? A. No, sir. When he gave me the blow that knocked me down in the scene, and when I came to and got a side view of him, it seemed to me that he made one plunge at the door, and as soon as he made the plunge he was out. Q. The door opens out ? A. I think it opens inward on the stage. Q. Was it your impression that the door was opened for him, or did he open it him- self? O A. I do not know. Q. What was your impression ? '"' A. It seems to me I tried it myself the day I went to rehearsal, to get a hold of the door, because it surprised me that he made a jump and went out of the door. Q. There was no delay, but he passed right out? A. There was no delay; from the jump he made he went right out. Q. Was it your impression that some one assisted him to get out by opening the door? A. I could not say. I tried the door to gee if the knob would come that way. I did not see anybody, only him, go out. By the Jddgb Advocate : Q. Do the scenes stand at this moment just as they were left at that time, or have they been changed? A. I really do not know. By the Cocut : Q. Did you say there was no way for any person getting out from tlie rear of the the- atre except out of the front entrance? A. You have to come to the front, without you go to the alley and come in the front. Joe SiMMS, (Colored,) a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Do you live in this city ? A. Yes, sir. Q. What connection have you had with Ford's Theatre? A. I worked there two years. I came there when I first came to Washington. Q. Were you there on the night the Presi- dent was assassinated? A. I was up on the flies, to wind up the curtain. Q. Did you see Booth there that evening? A. I saw Mr. Booth that evening between 5 and 6 o'clock. Q. State where you saw him, and what he did and said. A. When I saw him, he came in on the back part of the stage, and went through to the front of the house. I was in front of the house, and Mr. Booth came out there and went out and into one of the resiaurants by the side of the theatre. I saw him no more that night until the performance was. Dur- ing the performance, I heard the fire of a pis- tol, and looked immediately to see where it was. When I looked I saw him jumping out of the private box down on to the stage, with a bowie-knife in his hand, and then making bis escape across the stage. . I saw no more of him. Q. Did you hear anything that he said? A. No, sir; not a word. Q. Who was with him when he went out to drink? A. There was nobody with him then ; but one of the men, a man named Spaneler, was sitting out in front, and he invited bim in to take a drink. Q. Is that the man who is here? A. That is the man, [pointing to Edward Spangler.] Q. Did you hear a word said between them ? A. Not a word. They went into the res- taurant and took a drink ; that was all I saw or heard. Q. Did 3'oii see or hear Booth when he came up to the back of the theatre with his horse? A. I did not hear him myself, neither did I see him ; but the other colored man that works with me saw him. Q. Is he here? A. He is here. Q. You know Mr. Spangler very well ? A. Yes, sir. Q. Were he and Booth very intimate? A. They were quite intimate together, but I know not of anything between them. Q. You only saw them often together? A. Yes, sir. Q. Drinking together? A. Yes, sir. Cross-examined by Mr. Ewing : Q. Did Mr. Spangler have anything to do with Booth's horses? A. No more than he used to have them at- tended to while Mr. Booth was away. Q. He had charge of the horses ? A. Yes, sir. Q. Saw to their being fed and watered ? A. Yes, sir. Q. Was he hired by Mr. Booth ? A. Mr. Spangler was not, but there was a yoiinoj man hired by Mr. Booth. I suppose Mr. Booth thought this young man might not do right by his horses, and he got Mr. Spangler to see that it should be done right when he was not there. Q. What position had Mr. Spangler in the theatre ? A. Mr. Spangler was one of the stage man- agers, one that shoved the scenes at night and worked on the stage all day. Q. On what side of the stage was his usual position in the theatre? A. On the back part of the stage, there was his particular place. Q. On which side ? A. On the right-hand side of the stage. Q. As you face it from the audience? A. Yes, sir. Q. That was the side of the President's box, was it, or vvas it not ? A. No, sir ; the President's box was on the left-hand side. Q. The left-hand side looking out from the stage ? A. Yes, sir. Q. Mr. Spangler's place, you say, was on the other side? A. Yes, next to the back door leading out to the alley. Q. Where was your position? A. Right on the flies, where we wind the curtain up, on the third story. Q. Did you see Mr. Spangler that night after five o'clock ? A. Oh, yes; Mr. Spangler was there on the stage attending to his business, as usual. Q. At what time did you see him ? A. In the early part of the night, I cannot tell exactly when ; I never inquired to know the particular time. We had no time up there where we were. Only two men worked up there. Q. How long did you see him before the President was shot? A. I did not see Mr. Spangler at all before the President was shot. I myself was not thinking about anything like that going on. I was busy looking at the performance until I heard the report of a pistol. Q. Did you not see Mr. Spangler during the play that night? A. Yes, sir, he was there ; he was on the stage during the play ; he was obliged to be there. Q. Did you see him in the first act? A. Yes; he was there in the first act; I saw him then. Q. Did you see him in the second act ? A. I do not remember seeing him in the second act. Q. Were you down off the flies ? A. I was not off the flies. 1 could see him very well from the flies on the opposite side of the stage, next to the side where the Pres- ident was sitting in his box. I could see from my side over to that side of the stage. Q. Were you on the side that the Presi- dent's box was on? A. No, I was on the other side. Q,. And Mr. Spangler's place was on the opposite side below ? A. Yes, sir. Q. You say you did not see him during the second act ? A. I did not see him during the second act. Q. Were you looking for him ? A. No, sir; I was not looking for him dur- ing the second act. Q. Was he a sort of assistant stage mana- ger? A. Yes, sir; he was one of the regular stage managers, to shift the scenes at nights. Q From where you were could you see into the President's box? A. I could. From where I was, I could see him plain. A. And could you see also where Mr. Spangler was in the habit of being? A. Yes, sir. Q. Both of them were on the opposite side of the theatre from you ? A. \ <^s, sir, on the opposite side. Q. Both of them, then, were on the same side with each other? A. Yes, sir. Q. What time in the first act did you see Spangler ? I A. In the first act I saw him walking , aroung the stage looking at the performance. I Q. Did he have his hat on ? I A. Yes; be always had his hat on in the back entries. I Q. How was he dressed ? I A. I cannot tell exactly what kind of j clothes he had on, but just a common suit. I Q. Did he look as he does now ? A. Oh, no, sir ; he did not look ashelooks I now. Q. How was his face? A. It is just 'as natural now as it was then. j Q. Did jou ever see Mr. Sgangler wear a : moustache? j A. No, sir, I never did. I Q. From where you were up on the flies, I you could sometimes see him where he was, I and sometimes, when he would change his I position, you would not see him ? A. I could not see him then. Q. You just saw him occasionally, and his position generally was around on the side opposite to that ivhere you were ? A. Yes, sir. John Miles, (Colored, ) a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Do you belong to Ford's Theatre; and have you been working there? 10 A. Yes, sir. Q- Were you there on the night of the assassination of the President? A. Yes, sir. Q. Did you see J. Wilkes Booth there ? A. I saw him when he came there. Q. What hour did he come? Tell us all you saw. A. He came there, I think, between nine and ten o'clock, and he brought a horse from the stable and came to the back door and called "Ned Spangler" three times out of the theatre. Ned Spangler went a cross the stage to him. After that I did not see what became of Booth, and never notictdhim any more until I heard a pistol go off. I then went up in sight of the President's bo.x. The man up with me said some one had shot the President. The President had then gone out of sight. I could not see him. I went in a minute or two to Ihe window and I heard the sound of horses' feet going out of the alley. Q. Did you see anybody holding the horse out there? A. I saw the boy holding the horse there; from the time I saw him he held him fifteen minutes. Q. Was that after he called for Spangler? A. Yes, sir. Q. You mean Spangler, he prisoner here? A. Yes, sir. Q. You do not know what was said between them ? A. No, sir; T do not know anything about what was said between them. I did not un- derstand a word. I only haard him called "Ned." Q. You say he came up to the door with his horse between nine and ten o'clock. Do you know at what hour he put his horse in the little stable back of the theatre? A. He had put his horse in the stable when I came over there. He and Ned Spangler and Jim Maddox came up from the stable in the evening, I think, about three o'clock. I judge it was about that time. I did not notice the time particularly. 'It was the time he came right through the theatre. Q. How far is the little stable in which he kept the horse from the theatre? A. Not more than fifty yards, if that. Cross examined by Mr. Ewing. Q. Was the play going on when Booth rode up and called for Spangler? A. They had just closed a scene and were getting ready to take off that scene at the time he called for Spangler. Spangler was at the second groove then, and pushed a scene across. Booth called him three times. Q. Where were you then? A. Up on the flies, about three and one- half stories from the stage. Q. Was that in the third act? A. I think it was in the third act. Q. How long was it before the President was shot? A. The President came in during the first act, and I think it was iu the third act he waa shot. Q. About how long do you think it was from the time Booth came up there until the President was shot? A. From the time he brought the horse there until the President was shot, I think it was about throe-quarters of an hour. I saw Booth when he brought the horse from the stable to the door, and from that time until the President was shot, I think, was three- quarters of an hour. Q. Do you know who held the horse ? A. John Peanuts held him ; he was lying on a bench holding the horse when I noticed him. I was at the window pretty nearly all the time from the time Booth brought the horse until he went away. Every time I looked out of the window John Peanuts was lying on the bench holding the horse. I did not see any one else hold him. Q. Was John Peanuts there when Booth came up? A. I do not know ; he was at the theatre, but I do not know whether he was at the door. Q. Did you look out to see who was there? A. There was nobody there when Booth came up, that I saw, because I was looking out of the window. Q. Did Spangler go out? A. He went to Booth. I supposed Booth was at the door. Q. Spangler went to hira ? A. He ran^ across the stage when Booth called him. Some person told him that Booth called him, and he lan across the stage to him. Q. Do you know whether he went out of the door ? A. I do not know whether he did or not. I did not see him go out. Q. Do you know how long Spangler stayed there ? A. No ; because when I looked out again his boy was holding the horse. Q. How long was that after he called Spangler.' A. Not more than ten or fifteen minutes. Q. Do you know what Spangler had to do with Booth ? A. No, sir; only I saw him appear to be femiliar with him, and keeping his company and so on when he was round about there. Q. Did Booth treat him? A. I do not know ; I never saw him treat him. Q. Did Spangler have anything to do with Booth's horses — hitch them up, or saddle them, or hold them? A. Yes, sir; I have seen him hold them down at the stable. Q. Did you know anything about his hitching Booth's horse or saddling him up ? A. I never saw hira hitch any up there, but I have seen hira hold the horse there at 11 the stable door. John Peanuts always at- tended to the horses. I never saw Spangler put any gear on any of theni. Q. Do you know what place on the stage Spangler generally occupied? A. He worked on the right-band side, the side next to E street. Q. The side the President's box was on ? A. Yes, sir ; on that side. Q. Cuiild you see from where you were up in the flies ? A. 1 could see right straight down through the scenes on that side of the stage, and I always saw him work on that side. Q. Was he on that side when Booth called him ? A. Yes, sir ; he was. Q. WJiiit was Spangler's business on that side? What kept him ou that side ? A. He shoved the scenes at night on that side. Q. Was there another man shoving from the other side? A. Yes, sir; there was another man op- posite to him. Q. Did you see Spangler after you saw that Peanut John was holding Booth's horse? A. I never saw him anymore uulil I came down. I came down the stairs afier the President was shot, and Spangler was out at the door. Q. At what door? A. At the same door Booth went out, when I came down stairs. Q. Were there others out there? A. Y'es ; there were some more men out there; I did not notice who they were, but some nioie besides him Q. More men of the theatre ? A. That were at the theatre that night ; there were some strangers out there then, I believe, because every person had got over the stage then that wanted to go over. Q. How many men were out at the back door at that time? A. Not more than two or three out of the door when I came down, because I came down in a very short time after I understood what it was, and Spangler came out and I asked him who it was that held the horse, and he told me " hush," " not to say noth- ing," and I did not say any more, though I knew who it was, because I saw the boj^ who was holding the horse. I knew that the person who brought the horse there rode him away again. Q. 'i'ou could not see Spangler all the time when he was on the stage, could you, from where you were? A. When he was working on that side I could see him all the while if I looked for him. Q. Did you look for him that night? A. No; I did not notice him particularly that night more than usual. I would not have noticed him when I did, only I heard Booth call him, and I noticed where he was when he went to Booth. Q. He might have been on that side all night without your noticing it? A. He might. Q. You do not know, then, whether he was on that side or not? A. He was on that side when I saw him before then, and he was on that side then. Q But you did not look for him after that? A. I did not look for him at all. Q. What was it you asked Spangler when you came down ? A. Tasked him who it was holding the horse at the door of the theatre. Q. What did he say? A. He told me to hush ; not to say any- thing at all to him ; and I never said no more to him. Q. Was he excited? A. He appeared robe. Q. Was everybody excited ? A. Every person appeared to be very much excited. Q. When you asked him who it was who was holding the horse, he said, "Hush ; don't say anything to me?'' A. Yes, sir. Q. And you saj', " Hush ; don't say any- thing to me? A. I mean the same thing, to hush, not say anything about it. That was the word. Not thinking at the time, I said, "Do not say anything to me ; but he said, " Dont say any- thing about it." That was the word; that was what he said, "Don't say anything about it." Q. Do you know Spangler well ? A. Oh, yes ; at least, I know him when I see him. Q. Did you ever see him wear a mous- tache ? A. No, sir ; I do not think I ever saw him wear a moustache. By the Judge Advocate : Q. This remark he made to you, "Hush, don't say anything about it," was immedi- ately after the killing of the President, was it? A. Yes, sir ; right at the door when I went out doors. Q Did he make any other remark as a reason why you should not say anything about it? A. No, sir ; not a word to me. Q. He made no other remark ? A. No, sir: not a word to me. Q. Did you see Booth tio out of the door? A. No, sir ; I did not see him go out of the door, but I heard his horse when it went out of the alley ; whether it went right or left I cannot tell, but I heard the rapping of his feet on the ground. Q. Was the door left open at that time when Booth was gone, or was it shut ? 12 A. It was open when I came down stairs. I do not know whether it was left open from the time he came in and went out or not; but it was open when I got down stairs. I had to go down three and a-half stories be- fore I got down on the stage, and when Igot down it was open. Q. Do you know anybody who probably heard your remark to Mr. Spangler and his reply to you ? A. No, sir; I do not know any person that was noticing the words at all. There were a good many persons around, but I do not know that any of them was noticing the words used. By the Court : Q. When Booth called for Ned Spangler the first time, did you see where Spangler was ? A. Yes ; when I noticed where Spangler was, he was right across the stage. Q. You say Booth called him three times; when he called the tirst time, did you see where Spangler was ? A. I did not see where he was then, be- cause I did not notice where he was until Booth called him the third time; then I saw where he was standing. Q. Where did Spangler meet Booth then ? A. He went towards the door. After he got underneath the flies, I could not see him any more. Q. Then you lost sight of him as he was going to the door? A. Yes sir ; as he went across the stage. Q. How long was be with him ? Can you tell? A. I cannot tell, because I did not see Spangler again until I came down from off the files. Q. When Spangler told you to hush, not to say anything about it, was he near the door ? A. He was, I suppose, about a yard and a half from the door. Q. Was anybody else near the door but him ? A. There was nobody else near the door that I could see ; that is, there was nobody else between him and me and the door. Q. Did he have hold of the door at that time ? A. No ; he was walking across the door when I spoke to him ; he was walking across the door, in front of the door, outside the door. There was nobody else between him and me and the door, because I brushed right up to him and asked who was holding the horse. Q. Right at the door was it lighter dark? A. Dark right at that door ; and it was a dark night anyhow. Q. But there was no light right there? A. No light there. By Mr. Ewing : Q. Were you and Spangler inside the door or outside the door ? A. Outside. Q. Where were the other people that you say were about there ? A. They were standing ju't round about there, some of them a little further from the door. Q. Still further outside the door? A. Yes, further outside the door. Q. You were between these people and the door? A. Yes, sir. Q. And all were in the alley ? A. Yes, sir. By the Court : Q. Did he appear to be covering that door ? A. No, sir ; he did not appear to be cov- ering it at all. Q. Did he act as if he was trying to pre- vent persons from getting in or out that door? A. No. He did appear to be excited. That was the only thing I discovered about him — very much excited. Q. At that time Booth had gone out of the alley ? A. Yes, sir ; he had gone out of the alley. John F. Sleickmann, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Have you been connected with Ford's Theatre in this city? A. Yes, sir. Q. Were you there on the night of the as- sassination of the President ? A. I was. Q. Do you know J. Wilkes Booth? A. Yes, sir. Q. Did you, or not, see him on that night, and if so, at what hour and under what cir- cumstances ? A. I saw him about nine o'clock, I guess it was. He came up on a horse and came in a little back door to the theatre. Ned Spang- ler was standing there by one of the wings, and Booth said to him, "Ned, you will help me all you can, won't you? and Ned said, "Oh, yes.'; Q. I understand you to say that as Booth came up to the door with his horse, he said that ? A. When he came in the door after he got off the horse. Q. Was that his salutation, the way he first addressed Spangler? Were those the first words he spoke ? A. Yes, sir ; the first words that I heard. Q. " Ned, you will help me all you can, won't you?" A. Yes, sir; and Ned said, "Oh, yes." Q How long was that before the President was shot ? A. I should judge it to be about an hour and a half. 13 Q. Did you observe the horse afterwards, by whom it was held ? A. I did not. Q. You did not see Booth any more? A. I just got a glimpse of hira as he was going out the first entrance on the right hand side. Q, What hour was that wliea you saw him going out of the first entrance ? A. About half-past ten o'clock, I think. | That was after he shot the President. Q. You mean, he went out the back door? A. I do not know where he went after that. I did not see him. Q. You say you saw him going out ? A. 1 saw him going out the entrance near the prompter's place. Q. That is near the back door ? A. Y'es ; you go there, and turn to your right, to go out the door. Cross-fxamined by Mr. EwiNG : Q. Did you hear Booth calling for Span- gler ? A. No, sir. He just came up and said, "Ned, you will help me all you can, won't you?" and Ned said, " Oh, yes." Q. Where were they then? A. Right by the back door. Q. Did Booth ride up? A. I guess so. I did not see him on the hoise; but ihe horse was standing there when he came in the back door. Q. Was anybody holding the horse then ? A. I did not see anybody holding the horse at all. Q. Was not Spangler holding him? A. No ; Booth was talking to Ned. Q. Was Booth lioldiug the horse? A. No ; Booth had come inside the door. Q. Did you see the horse? A. I saw the horse ; he left the door open. Q. But you cannot say whether anybody was holding the horse or not? A. I caunot. It was dark out there, and I could not tell much about it. Q.- What was your place in the theatre? A. I was assistant property-man. Q. What was your position on the stage ; any particular place? A. We have to set the furniture and ev- erything of that kind on the stage. Q. What was Spangler's position on the stage ? A. Stage carpenter ; shoving the scenes, and so on. Q. Is he the principal stage carpenter? A. No, sir, Mr. Gilford is the principal stage carpenter. Q. Spangler is just a rough carpenter ? A. He was helping Mr. Gilford there; hired by Mr. Gifford. Q. What was Spangler's place on the stage during a play? A . He had to shove the scenes together. Q. On which side? A. I do not know on which side particu- larly. Q. Were you about that night? A. Yes, sir. Were you on the stage ? I was. During the whole play ? I had to go down to the apothecary to get a few little articles to use in the ; I do not believe I was out more thaa except when I went into the restaurant door. A. Q A. store piece that, next Joseph Bdrrodgh, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. State whether or not you have been connected with Ford's Theatre in this city ? A. Yts, sir, I have been. Q. In what capacity? A. I used to stand at the stage door, and tlien carry bills in the daytime ; and I used to attend Booth's horse, see that he was fed and cleaned. Q. Did you know John Wilkes Booth ia his lifetime? A. I knew him while he kept his horse there in that stable. Q. Do you speak of the stable immediately back of the theatre? A. Yes, sir. Q. Did you see him on the afternoon of the 14th of April ? A. I saw him when he broueht his horse to the stable, between five and six o'clock. Q. State what he did? A. He brought the horse and hallooed out for Spangler. Q. Did Spangler go down to the stable? A. Y'es, sir; he went out there. Mr. Booth asked him for a halter; he had none there ; and he sent Jake after one up stairs. Q. How long did they remain together theu? A. I do not know. Jim Maddox was down there then, too. Q. Did you see him again at a later hour that evening? A. I saw him on the stage that night. Q. Did you, or not, see him when he came with his horse between nine and ten o'clock that night. A. No sir, I did not see him when he came up the alley with his horse. Q. Did you see the horse at the door ? A. I saw bim when Spangler called me out there to hold the horse. Q. State all that happened at that time what was said and done. A. I can not. Q. Why ? Do you not recollect it? A. No, sir. Q. Did you see Booth when he came there with his horse? A. No, sir, I did not see him. 14 Q. Did you hear kim call for Ned Spangler? A. No, sir, I lieard Debonay calliug Ned, that Booth wanted him. Q. "Who held Booth's horse that evening ? A. Nobody but me ; I held him that night. Q. Who gave you the horse to hold? A. Spangler. Q. At what hour? A. I cannot tell exactly what hour ; be- tween nine and ten I think. Q. How long was it before the President was shot? A. I held the horse about fifteen minutes. Q. What did Spangler say when he asked you to hold the horse? A. He just told me to hold it. I said I could not, I had to go in and attend to my door. He told me to hold the horse, and if there was anything to lay the blame on him. So 1 held the horse. Q. Did you hold him near the door? A. No ; 1 was sitting over against the house theie, on a carpenter's bench. Q. Did you hear the report of the pistol ? A. Yes, sir. Q. Were you still on the bench when Booth came out? A. I had got off the bench then. Q. What did he say when he came out ? A. He told me to give him his horse. Q. Had you got up to the door ? A. No ; I was still out by the bench. Q. Did he do anything besides that? A. He knocked me down. Q. With his hand or not? A. He struck me with the butt of a knife. Q. Did he do that as he mounted his horse? A. Yes, sir, he had one foot in the slirrup. Q. Did he also strike or kick you? A. He kicked me. Q. As he got on the horse? A. Yes, sir. Q. Did he say nothing while getting on the horse ? A. He said nothing else ; he only hallooed to me to give him his horse. Q. Did he ride off immediately? A. Yes, sir. Q. State whether or not you were in the President's box that afternoon. A. Yes, sir ; I was up there. Q. Who decorated or fixed the box for the President ? A. Harry Ford put the flags around it. Q. Was or was not the prisoner Spangler with you in the box? A. He was up there with me. I went after him to take out the partition. Q. What was he doing? A. Harry Ford told me to go in with Spangler and lake out the partition of the box, as the President and General Grant were coming there. I then went after Spangler. Q. bo you remember whether, while Span- gler was doing that, he said anything in re- gard to the President? A. He made remarks and laughed. '^. What were they ? A. He said, "Damn the President and General Grant." Q. While damning the President, or after damning him, did he say anything else? A. I said to him, " What are you damn- ing the man for — a man that has never done harm to you?" He said he ought to be cursed when he got so many men killed. Q. Did he, or not, say anything in regard to what he wished in that connection? A. I do not remember that. Q. Did he or did be not say what he wished might happen to Gen. Grant? Mr. EwiNG objected to the question. A. I do not remember that. Q. Was or was there not anything said, ia the course of that conversation, as to what might or might not be done to the President or Gen. Grant? Mr. EwiNG objected to the question. A. No, sir; I did not hear anything. Cross-examined by Mr. Ewing : Q-. You say you did not hear anybody calling out for Spangler? A. 1 heard Debonay call for him, and be told him Mr. Booth wanted him out in the alley. Q. Who is Debonay? A. He used to be a kind of actor there. Q. Dfbonay called him, and told him Booth wanted him? A. Yes, sir. Q. How long was it after that that Span- gler called you? A. I do not know how long ; not very long ; about six or seven or eight minutes. Q. What were you doing when Spangler called you ? A. I was sitting at the first entrance on the left. Q. What business were you doing? A. I was attending to the stage-door there. Q. What had you to do at the stage-door there? A. I keep strangers out, and prevent those coming in who do not belong there. Q. You told him that you could not hold the horse; that you had to attend that door? A. Yes, sir. Q. And he said what? A. If there was anything wrong to blame it on him. Q. Were you around in front of the the- atre that night? A. I was out there while the curtain was down I go out between every act, while the curtain is down , when the curtain is up I go inside. Q. Did you see Booth in front of the the- atre? A. No, sir, I did not. Q. Did you see Spangler in front of the theatre ? A. NOj sir. 15 Q. Did you ever see Spangler wear a mous- tache ? A. No, sir. Q. Do you know wlietber Spangler wore any whiskers of any kind that night? A. I did not see him wear any. Q. Was not Spangler in the habit of hitch- ing up Booth's horse? A. He wanted to take the bridle off, and Booth would not let him. Q. When was that? A. Between five and six that evening. At first he wanted to take the saddle off, but Booth would not let him ; then he wanted to take the bridle o(F, but he would not agree to it, and he just put a halter around the horse's neck. He took the saddle off afterwards, though. Q. Was not Spangler in the habit of bri- dling and saddling, and hitching up Booth's horse? A. When I was not there he used to hitch him up. Q. Was he not in the habit of holding him, too, when you were not about? A. Yes, sir ; and he used to feed him when I was not about. Q. Then you and Spangler together at- tended to Booth's horse? A. Sometimes. Mr. Gilford gave me the job to attend to. He asked me if I knew anything about horses, and I told him I knew a little about them. Then he asked me if I would not attend to Booth's horse, and he gave me the job. Q. And Spangler used to help you about it? A. Yes, sir. Q. And when you were not there Spangler did it himself? A. Yes, sir; and Spangler used to go after feed sometimes. Q. Do you know the way Booth went out after he jumped out of the President's box? A. No, sir ; I was not in the alley. Q. Do you know the passage between the green room and the scenes, through which Booth ran, which leads right out to the door ? A. Yes, sir; that is on the other side of the stage. Q The one that Booth ran through when he went out into tlie alley ? A. I do not know what entrance he ran through. Q. Was Booth about the theatre a great deal? A. He was not about there much ; he used to go there sometimes. Q. Which way would he enter the theatre generally ? A. On Tenth street. Q. Did he sometimes enter back? A. Sometimes. Q. How far was the stable where Booth kept his horse from the back entrance of the theatre ? A. About two hundred yards. Q. Do you recollect what act was being played when you first went out to hold Booth's horse? A. I think it was the first scene of the third act. The scene had curtains on the door. Q. Was that scene being played when you went out to hold the horse? A. Y'es, sir ; they had just been closing in. By the Judge Advocate : Q. You have the nickname of " Peanuts" about there? A. Yes. sir; I used to stay at a stand in front of the theatre, and they call me "John Peanuts" about there. Q. Was there more than one horse in the stable that evening ? A. Only one— that is all I saw — and Booth brought that there. Q. Do I understand you to say that there was only one horse in the stable that after- noon ? A. That was all I saw when I was there, between five and six. Q. You were not in the stable afterwards ? A. No. By Mr. Ewing: Q. Do you know on what side of the thea- tre Spangler worked ? A. Always on the left side. Q. Is that the side the President's box was on? A, Yes, sir. Q. Was that the side you attended the door on ? A. Yes, sir. Q. When you were awaj', did he not at- tend the door for you ? A. Yes, sir, when I was away, he used to attend the door. Q. His position, then, was near to where your position was ? A. Yes, sir. Q. What door was that; the door that went into the little alley? A. Yes, sir, from Tenth street. Q. Y'ou attended there to see that nobody came in that was not authorized to come ? A. Yes, sir; when the curtain was down, I used to go outside and stay until the cur- tain was up. Q. When the play was going on, who wag there on that side to shove the scenes except Spangler? Anybody? A. There was another man there on that side ; two men worked on this side, and three on the other. Q. Who was the man that worked with Spangler on that side? A. I think his name is Simmons. Q. Who are the men that worked on the other side? A. One of them is Skeggy, another is Jake, and I do not know the other fellow's name. 16 Q. While the play was going on, did these men always stay there? A. Yes, sir, they are always about there. Q. They had to stay there in order to shove the scenes, had they not ? A. Yes, they alwa_ys have to be there when the whistle blows, and shove them. Q. Did they usually stay there on their sides ? A. Yes, sir ; but sometimes, when a scene would stand a whole act, they would go around on the other side, and those on the other side would come on their side. Q. But did not go out? A. Sometimes they used to go out — ^not very often, though. By the Judge Advocate: Q. Was there another horse in that stable some days before, or not? A. Yes, there was one other horse there — two horses there one day. Q How long before ? A. Booth brought a horse and buggy there. I cannot tell you when it was. Q. Do you remember the color or appear- ance of the horse ? A. It was a little horse; I do not remem- ber the color. Q. Do you remember whether he was blind of one eye ? A. No, sir. The fellow that brought the horse there used to go with Bootli very often. Q. Do you see among the prisoners here the man who brought the horse? A. No, sir ; 1 do not se3 him there, [point- ing to the dock of the prisoners,] It was the fellow who lived at the Navy Yard, I think. I saw him going in a house down there one day, when I was carrying bills there. I do not know whether he lived there or not. Q. Do you remember his name? A. No, sir; I never heard his name. By the Court : Q. Did you see Booth at the instant he left the back door of the theatre after the assassi- nation of the President? A. He rode off. Q Did you see him when he came out of the door ? A. Yes, sir. Q. What door did he come out of, the small one or the large one ? A. The small one. Q. Was there anybody else at that door? A. No, sir, I did not see anybody else. Q. Did Spangler pass through that door leading into the passage at any time while you were silting at the door — the passage to- ward the street? A. I did not take notice. Q. You did not see him go out or come in while you were there ? A. No, sir. Q. You said that you were in the Presi- dent's box on the day of the murder? A. Yes, sir. Q. What time in the day was that ? A. About three o'clock. Q. Did all the employees in the theatre know that the President was to be there that night? A. I heard Harry Ford say so. Q. Anybody else? Did you hear Spangler speak of it ? A. No ; I told him the President was com- ing there. Q. What time did you say you were there ? A. It was about three o'clock when we went up to take out the partition. Q. Who were in the box at the time the partition was taken out ? A. Spangler, Jake, and myself. Q. Who is Jake ? A. All I know is that his name is Jake. Q. A black man or a white man ? A. A white man. Q. Employed there? A. Yes, he used to be a stage-carpenter there. Q Was he regularly employed in that the- atre at that time ? A. He worked there day and night. Q. Had he been working there for some time? A. He had been working there about three weeks. Q. When they were there, how long did they stay in the box? A. I stayed there until they took the par- tition out, and sat down in the box. Q. Did you observe what else they did in the box? A. No, sir. Spangler said it would be a nice place to sleep in after the partition was down. That is all I recollect. Mrs. Mary Ann Turner, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. State to the Court where you reside in this city. A. I reside in the rear of Ford's Theatre. Q. How far from it? A. As far as from here to where that gentle- man sits over there, or may be a little farther, [pointing to one of the counsel for the accused, a distance of about eight feet.] Q. Did you know John Wilkes Booth ? A. I knew him when I saw him. Q. Will you state what you saw of him on the afternoon of the 14th of April last? A. That afternoon I saw him, I think, to the best of my recollection, between three and four o'clock, standing in the back door of Ford's Theatre with a lady by his side. I did not take any particular notice of him at that time, but I turned from the door, and I saw no more of him until, to the best of my recollection, between seven and eight or near about eight o'clock that night, when he brought a horse up to the back door, and 17 opened the floor and called for a man by the n-tme of ' Ned" three times — to the best of mv reccollection, not more than three times. This "Ned" came to him, and I heard him say to "Ned" in a low voice, "tell Maddox to come here." I then saw Maddox come. He [Booth] said something in a very low voice to this Maddox, and I saw Maddox reach out his hand and take the horse, but where "Ned" went I cannot tell. This Booth went on into the theatre. Q. Did you see him or hear him when he came out after the assassination of the Presi- dent? A. I only heard the horse going very rapidly out of the alley, and I ran immediate- ly to my door and opened it, but he was gone ; I did not see him at all. Q. Did you see the man named "Ned," of whom you speak? A. Yes, sir. Q. At what time did you see him ? A. I rushed to the door immediately, the crowd came out, and this time this man "Ned" came but of the theatre. Q. Which of those men in the dock is it? A. There he sits with dark shirt and dark coat on, [pointing to the accused, Edward Spangler.] Q. Spangler, you mean? A. Yes, sir, Ned Spangler ; and said I to him, "Mr. Ned, you know that man Booth called you?" Said he, "No, I know nothing about it," and then he went down the alley. Q. Was that all that occurred between you and him? A. That was all that was said between me and him. Cross-examined by Mr. Ewing : Q. How far is your house from the back door of the theatre? A. My front door fronts to the back of the theatre. It comes out into the open alley, which leads up to the door. There is another house between mine and the theatre. The two houses are adjoining, and my house stands as far from the door of the theatre as from here to the post. [About twenty-two feet.] I think it would allow that space for the two houses. Q. Did you see where Spangler went after he called Maddox? A. No, sir, I did not see where Spangler went after he called Maddox. Q. Did he go off? A. I do not remember whether he went off or not. I did not see him any more. Q. Did you see him go in to call Maddox ? A. Yes, sir ; he turned from the door to call Maddox. Q. Did you hear him call him ? A. No, sir, I did not hear him call Maddox. Q. Did you see Spangler come out again ? A. I do not remember whether he came out or not ; I do not think I did see him come out. Mrs. Mart Jane Anderson, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Will you state where you live in this city? A. I live between E and F and Ninth and Tenth streets. Q. Do you live near Ford's Theatre ? A. Yes, sir, right back of the theatre. Q Does your house adjoin that of Mrs. Turner, who has just testified ? A. Yes, sir, my house and hers are adjoin- ing. Q. Did you know John Wilkes Booth ? A. Yes, sir, I knew him by sight. Q. Did you see him on the afternoon or night of the 14th of April last ? A. Yes, sir, I saw him in the morning. Q. State what you saw? A. I saw him down there by the stable, and he went out of the alley, and- I did not see him again until between two and three o'clock in the afternoon, when I saw him standing in the back theatre door, in the alley that leads out back. He and a lady were standing together talking. I stood in my gate, and 1 looked right wishful at him. He and this lady were pointing up and down the alley, as if they were talking in their conver- sation about the alley, as it seemed to me ; and they stood there a considerable while. After that, they both turned into the theatre together. I never saw him any more until at night. I went up stairs pretty early, and when I went up stairs, there was a carriage drove up the alley, and after that 1 heard a horse siep down the alley again. I looked out of the window, and it seemed as if the gentleman was leading this horse down the alley. He did not get any further than the end of the alley, and in a few minutes he re- turned back again. I still looked out to see who it WHS. He came up to the theatre door, this gentleman did, with the horse by the bridle. He pushed the door open, and said something in a low tone, and then in a loud voiee he called, "Ned," four times. There was a colored man up at the window, and he said, " Mr. Ned, Mr. Booth calls you." That is the way I came to know it was Mr. Booth. It was dark, and I could not see his face. When Mr. Ned came. Booth said to him, in a low tone, "Tell Maddox to come here." Then Mr. Ned went back and Maddox came out. They said something to each other, but I could not understand from my window what the words were. After that Mr. Mad- dox took hold of this horse. It seems it waa between him and Mr. Ned. He had this horse. He carried it from before my door, right at the corner of my house, around to where the work-bench was ; that stood at the right side of the house. I could not see the horse, but they both returned back into the 18 theatre again. This man that carried the horse up went in the door. too. The horse stood out there a considerable while. It kept up a great deal of stamping on the stones, and I said, "I wonder what is the matter with that horse;" it kept stamping so. After a while I saw this person have a hold of the horse, and he kept the horse walking back- wards and forwards. I suppose the horse was there completely an hour and a half alto- ' gether ; then I saw the door open ; I did not see any person passing backwards and for- wards, and in about ten minutes after that I saw this man [Booth] come out of the door •with something in his hand glittering. I did not know what it was; but still I thought some person ran out of the theatre and jumped on the horse. He had come out of the theatre door so quick, that it seemed like as if he but touched that horse, and it was gone like a flash of lightning. I thought to myself " that horse mast surely have run oflF with that eentleman." Presently I saw a rush out of that door, and heard the people saying, '-Which way did he go?" and ""which way did he go?" and still 1 did not know what was the matter. I asked a gen- tleman what was the matter, and he said the President was shot. "Why,'" said I, '• who shot him?'' Said he, " That man who went out on the horse ; did you see him?" I said I saw him when he first came out. That was the last time I saw him to know him. Q. Did you see the prisoner Spangler at that time? A. Yes, sir. I saw Mr. Spangler after that. After that I came down stairs, and was at the door talking. I went up to the thea- tre door, and 1 saw Mr. Spangler when be came out of the door. Some one said, "Did you see that man?" I said to Mr. Spangler, "Mr. Spangler, that gentleman called you." Said he, " No, he did not." Said I. " Yes, he did ; he called you." He said, "No, he did not ; he did not call me." I said, "He did call you," and T kept on saying so. With that, he walked down toward the alley, and 1 did not see him any more until Sunday ; but I did not say anything to him at all then. I had no other conversation with him. Cross-examined by Mr. Ewisg : Q. Did you know Mr. Maddox ? A. Yes, sir. Q. What kind of a looking man is he? A. He has a kind of a reddish skin, and sometimes a kind of palish and light hair. Q. How old a man is he? A. I suppose he is about 25 or 2C. Q. Have you seen him often? A. Yes, sir ; I have seen him very often. I live close by there. I used to work for him right smart. I used to wash some pieces for him, and used to go there to the door and bring them. I know him very well by sight. Q. Was it he who held this horse during all the time it was in the alley there? A. No, sir; it did not seem like as if be held it all the time ; bnt he took hold of the horse, and it seemed as if he had him a little while, and he moved him out of my sight; and then I saw him retnrn and go into the theatre. This gentleman had on a light coat. Q. Then who held the horse when be went in the theatre? A. I did not see because it was carried around from ray door, and I could not see it out of my window. It was carried around the house like, out of sight ; but then when it was in a commotion, it seemed as if there was a man bad it, but I could not tell who he was. Q. When the horse was moving up and down, it seemed as if a man had it? A. Yes; as if a man was keeping it in motion all the time. Q. .Marching it up and down to keep it ■from frettiut; and stamping? A. Yes, sir ; it was making a great deal of noise, stamping its feet; and it seemed as if a man was carrying it backward and for- ward all the time. Q. Mr. Spangler just came to the door, and Booth said to him, "Tell Mr. Maddox to come out?" A. Yes, sir. Q. And then Spangler went in, did he? A. Yes, sir, he went in ; and then it seemed as if he came out again. Q. Are you sure he came out again? A. It seems to me like as if he came out again. Whether he came out or not I am not certain ; but I know he came to the door when Mr. Booth cal.ed. Q. But you are not certain that he came out again ? A. No, sir; I am not certain whether he came out again or no ; but I know he came out to the door when Booth called him, aud he told him to tell Maddox to come out, and Maddox came out to this Mr. Booth, and bad some conversation with him ; but 1 could not hear what it was. Q. How long was it from the time that Booth rode up there until the people said he had shot the President? A. I suppose it was about an hour — not quite an hour— from the time he came up there to the time they said the President was 1 shot. 1 think it was almost an hour; but I do not think it was quite an hour. Q. Did you see the man who held the horse at the time Booth ran out and rode away on him? A. Yes, sir, I saw the man, but I could not tell who the man was. I know a man had hold of the horse when Booth came oat, , because, when he came out, he was walking ' the horse up and down, and it seemed as if the minute he touched the horse the horse j was gone. 1 was looking down the alley to see which way he went, and when I looked I back again I did not see anybody. 19 Q. Did that man look like Mr. iladdox? A. He looked very much like Mr. Maddox to me. I know Mr. Maddox. He wears a light coat, aud this maa seemed as if he had a light coat on. It was pretty dark there that ni^rht; I could not see distinctly from my window, but the coat he had on seemed as if it was light. Q. How far was he from you when you say you thought it was Mr. Maddox? A. He was right near the door. Q. How far from where you were? A. About as far as from here to that win- dow, or a little further, fabout fifteen feet.] Q. Whereabouts was the horse just at the time when Booth ran out the door? A. Standing right at the door. Q. And this man with the light coat on was standing right by him ? A. I cannot say whether he was standing by him, because I was looking at the man wlien he rushed out the door so, and every- thing was in such a twinkling of an eye that I could not say distinctly it was the man with the light coat on; but I know there was a man holding the horse all the time as far as I could see. Q. It was not Mr. Spangler that was hold- ing him? A. I do not know. It seems io me it was between all three of them. Ihej all three seemed to be out there with the horse, &ppa- rently. I knew Mr. Ned came out to the door, and then Mr. Maddox came out, and then it seemed as if iMr. Ned came out again. Q. But you are not certain that be did oome out again? A. No, sir, I am not very certain of that but I know there were three men in it alto- gether. Q. That is, three men connected with it in some way ? A. Yes, sir; three men connected with it in some way. Q. But you cannot say that you saw Mr. Spangler, except when he came out of the door and Booth told him to call Maddox, A. No, sir; I cannot say for certain; but I know one of the men Had on a light coat. Q. That was the one that was holding the horse ? A. Yes, sir. Major Henry R. Rathbone, a witness called for the prosecution, beino- duly sworn, testified'as follows : By the Judgk Advocate : Q. Will you state to the Court whether or not you were in the box of the President on the night of his assassination at Ford's The- atre? A. I was. Q. State all the circumstances that came under your observation in connection with that crime. A. On the evening of the 14th of April last, at about twenty minutes past eight o'clock, I, in company with Miss Plarris, Teft my residence at the corner of Fifteenth and II streets, and joined the President and Mrs. Lincoln, and went with them, in their car- riage, to Ford's Theatre in Tenth street. On reaching the theatre, when the presence of the President became known, the actors stop- ped playing, the band struck up "Hail to the Chief, " the audience rose and re.eived him with vociferous cheering. The party proceeded along in the rear of the dress-circle, and entered the box that had been set apart for their reception. On entering the box, there was a large arm chair that was placed nearest the audience, furthest from the stage, which the President took and occupied durilig the whole of the evening, with one exception, when he got up and put on his coat, and returned and sat down ag-%in. When the second scene of the third act was being per- formed, and while [ was intently observing the proceedings upon the stajre, with my back towards the door, 1 heard the discharge of a pistol behind me, and, lookin? around, saw, through the smoke, a man between the door and the President. At the same time, I heard him shout some word which I thought was "Freedom!" I instantly sprang towards him and seized him. He wrested himself from my grasp, aud made a violent thrust at my breast with a large knife. I parried the blow by striking it up, and received a wound several inches deep in my left arm, between the elbow and the shoulder. The orifice of the wound was about an inch and a half in length, and extended upwards towards the shoulder several inches. The man rushed to the front of the box, and I endeavored to seize him. again, but only caught his clothes as he was leaping over the railing of the box. The clothes, as I believe, were torn in the attempt to seize him. As he went over upon the stage, I cried out with a loud voice, "Stop that man." I then turned to the President. His position was not changed ; his head was slightly bent forward, and his eyes were closed. I saw that he was uncon- scious, and supposing him mortally wound- ed, rushed to the door for the purpose of calling medical aid. On reaching the outer door of the passage-way I found it barred by a heavy piece of plank, one end of which was secured in the wall, and the other rest- ing against the door. It had been so securely fastened that it required considerable force to remove it. This wedge or bar was about four feet from the floor. Persons up on the out- side were beating against the door for the purpose of entering. I removed the bar and the door was opened. Several persons, who represented themselves as surgeons, were al- lowed to enter. I saw there Col. Crawford, and requested him to prevent other persons from entering the box; I then returned 20 to the box, and found the surpeons examining the President's person. They had not yet discovered the wound. As Boon as it was discovered, it was determined to remove him from tlie theatre. He was carried out, and I then proceeded to assist Mrs. Lincoln, who was intensely excited, to leave the theatre. On reaching the head of the stairs I requested Major Potter to aid me in assisting Mrs. Lincoln across the street to the house where the President was being con- vey ed. The wound which I had received had been bleeding very profusely, and on reach- ing the house, feeling very faint from the loss of blood, I seated myself in the hall, and soon after fainted awaj', and was laid upon the floor. Upon the 'return of consciousness I was taken to my residence. In a review of the transactions, it is my confident belief that the time which elapsed between the dis- charge of the pistol and the time when the assassin leaped from the box did not exceed 30 seconds. Neither Mrs. Lincoln nor Miss Harris had left their seats. Q. You did not know Booth yourself, did you? A. No, sir. Q. Do you think you would recognize him from a photograph ? A. I should be unable to do so as being the man in that box. I myself have seen him on the stage some time since. By the Court : Q. What distance was the assassin from the President when you first saw him after hear- ing the report? A. The distance from the door to where the President was sitting, to the best of my recollection, was about four or five feet, and this man was standing between the door and the President. By the Jcdge Advocatk : Q. Will you look at that knife [exhibiting a knife to the witness] and say it it appears to you to be such a one as he used? I be- lieve the blood is still on the blade. A. I think this knife might have made a wound similar to the one I received. I could not recognize the knife. I merely saw the gleam . [The knife was offered in evidence without objection, and is marked Exhibit No. 28.] Q. Did you notice how the blade was held in the hand of the assassin when he held it? A. The blade was held in a horizontal po- sition, 1 should think, and the nature of the wound would indicate it. It came with a Bweeping blow down from above. MAT 19 . JoHJf Ghkesawalt, a witnea eaUed for the prosecution, being duly sworn, testified as follows: By the Jcdgb Advocate : Q. Will you state whether or not you aro the keeper of the Pennsylvania House in this city? A. I am. Q. Where is that house situated ? A. At Nos. 3.5V and 359 C Street, between Four-and-a-half and Sixth streets. Q. Are you acquainted with the prisoner Atzerodt ? A. I am. Q. Were you or not acquainted with J. Wilkes Booth in his lifetime? A. I was never acquainted with him. Q. Did you know him by sight ? A. I never knew him. A man came to the house; from the description I had of him af- terwards it was Booth. He has been there to see Atzerodt. Q. Did you see him ? A. I did. Q. Look at that photograph and see if you recognize it as the photograph of that man? [Exhibit No. 1.] A. That is the person. Q. State whether or not that person. Booth, had frequent interviews with the prisoner Atzerodt at the Pennsylvania House, A. He had. Q. What was the character of those inter- views? A. Atzerodt generally sat in the sitting- room, and Booth would come in through the hall. Sometimes he would not enter the room at all; he would walk in and walk back. Atzerodt would get up and follow him out. They frequently had imervjews in front of my house. Several times that I walked on the steps they walked off down by the livery stable, towards the National Hotel, and stood and held interviews there. Q. Did you or not at any time bear the prisoner Atzerodt speak of expecting to have plenty of gold soon ? State what he said on that subject. A. Once, he and some more — there was a number of young men from Port Tobacco met him there, and they had been drinking. He asked me to take a drink. I took a drink, and he said, " Greenawalt, I am pretty near broke, but I have always got friends enough to give me as much money as will see me through; though," said he, "I am going away some of these days, but I will return with as much gold as will keep me all my life-time." Q. When was it that he made that declar- ation ? A. It must have been nine or ten days af- ter he first came to my house. Q. What month was that? A. He came there on the 18th of March j last, I believe. I think it must have been ' abont the 30th or 31st of March or the 1st of I April when this happened, aa near as I can remember. 21 Q. Was be or not in the habit •when in the citr. of stopping at roar bouse? A. He slopped there before this last time. He stopped orer night ; he n^rer stopped anj leDgih of time. Q. Will yon state how long: before the as- sassination he left Tour hoase ? A. I think on Wednesday morning. Q. Had he anj baggage •with him? A. Xo. sir. Q. Will you state •vrhea you neit sa"W" him again ? A. I sa^w him next on Saturday moruing, between t-wo and three o'doci, after the as- sassirstioD. Q- Did he come to your home and ask for a room at that hour ? A. I had just come in the house myself and went to my room. Abowt fixe minutes afterwards a serrant came up with a fire dol- lar bill and told me, ■• there is a man coiBe in with .\tzerodt who wants lodsing-s and wants to pay for it." So I went down and gave the man his change. I had an nneasi ness about the thing myself — thought there was something wrong. [ Q. Did they take a room together? | A. Yes, sir. Atzerodt asked for his old room, and I told him it was occupied. I told him he would have to go with this gentle- man. So I gave the man his change — this Thomas — and told the serrant to show him to his room, and Atzerodt was going to fol- low him. Said I, " Atrerodt you have not registered." Said he. •• Do tou want my; name?" Said I, "Certainly." He hesitated some, but stepped back and registered, and went to his room. That was the last I saw of him. j Q. Will you descril>e the appearance of, that man who was with him ? A. He was a man about fire feet seven or I eight inches high, and his weiiiht was about one hundred and forty pounds, I should j judee. Q. How was he dressed ? A. Poorly dressf d, and in dark. His pants i were worn throusrh at the back near the heels. I took noiice of that as he walked out of the door to go to his room. He ■was quite dark complexioned and very much weather- beaten. He had dark hair. Q. Had he the appearance of a laboring man? A. Yes, sir ; the appearance of a laboring man. Q. Could you express an opinion as to I whether the clothes in which he was dressed were such as he would probably ordinsrily wear, or were assumed as a disguise ? Have i yoii an opinion on that subject ? | A. I judged them to be more of a disguise. J I think it was a broadcloth coat he had on, j verv much worn, though. Q. The whole appearance, you say, was riiabby? A Yes, sir. Q. What nam? did he sissnme? A. Sam. Thomas. Q. What became of that man the next morning ? A He got up about fire o'clock. I think, snd left the house. That was what the ser- vant to-d me. There was a lady stopping there, and 1 had given the servant orders to I get her a carriasre to take ber to the railroad depot for the t5.15 train. She had left before I pot up, and as the servant was going oi:t of the door, this man Thomas went out and askfKi the way to the railway depot. Q. He had no baggage? A. Xo, sir; not any. Q. He came between two and three, you say, and left at five? A. Yes, sir. Q. Did Atzerodt remain ? A. Aizerodt left shortly aflerwards, and he walked towards Sixth street. As the ser- vant came back fiom getting th? carriage he ' met Atrerodt and said to him, '' Atzerodt, what brings yoti o^Jt so early this morning?" I " Well," said be, "I have got business." I These were all the words. Q. In what direction was he going? A. Towards Sixth street — that is, -west from mv house. Q. R-id he paid his bill ? A. Xo, sir. Q. He left without paying? A. Yes. sir. Q. When did you see him again? A. 1 h-i^re not seen him since. Q. Do you recognize him among these prisoners? A. Yes, sir ; there he sits. [Pointing to George A. Atzerodt,] Q. Is this the first time you have seen him since? A. It is. Q. What was the manner of these men that night? Did you observe anything unusual, any excitement about them ? A. Xo, sir. There was DO excitement about them. This man Thomas stared at me. He kept a close eye on me as I came in. Q. Did they have any conversation with each other in your presence? A. Xo, sir. Q. Which of them asked for the room? A. Thomas asked lor it. Q. Did he ask for both ? How did thev happen to have the san:e room ? A. He just asked for himself. Atzerodt was lying on the settee in the corner of the room as I came in, and Thomas was stand- ing at the counter, at the register. Q. How did it happen, then, that they went to the same room ? A. Atzerodt .asked for his old room. I told him that was occupied and he wotild have to go in with this man. The room that he was in was a large room — a room with six beds in. 22 There were other parties in it before these men went there. .Q. Do jou know the prisoner, O'Laugh- lin? A. No, sir. Q. You do not remember to have seen him ? A. No. Q. Did you observe whether either of these parties was armed ?' A. I have seen Atzerodthave a revolver. Q. On the occasion spuken of? A. There are others in the party who said he had a knife, but I did not see that. Q. Did JOU observe whether the other man, Thomas, as he called himself, was armed ? A. I did not. Q. You say be stared at you very much ; did he make any remark to you ? A. All he said to me was that he was a poor writer. Q. Did he enter his name himself? A, I did not see that, but I judge that his name was entered when I came into the room. Q. You say Atzerodt was in the habit of stopping at your hotel ? Had he, on any previous occasion, hesitated to register his name when taking rooms there ? A. No, sir. Q. You say that he did hesitate on this oc- casion? A. On this occasion he hesitated some- what. Q. You speak of having seen Atzerodt armed. When was that? A. That must have been in Ifarch, when I first saw his revolver. He had just bought it, and he came in and made the remark that he had just bought it , and I told him I wished I had known that he wanted one, for I could have sold him one that I had — a new one, which I had traded a small one for, and I had no use for it. Q. Did he exhibit the revolver to you? A. It was put in my care — handed in to the office. Q. Do you think you would recognize it if you saw it again? A. I think I would. Q. [Exhibiting the revolver identified by John Lee as found in a room at the Kirkwood- House.] Is that it? A. I would not be certain. T do not think it is the same one, but it is something simi- lar. Cross-examined by Mr. Doster : Q. Will you be kind enough to state on what day before the 14th of April Atzerodt left your house? A. It must have been on Wednesday, the 12th. Q. How long had he stayed at your house at that time ? A. He stayed from the 18th of March until, I think, the 2Vth. If I had my register I could tell. Q. I only want to know about the last vis- it before the 14ih of April. How long was he at your house then ? A. He was away for several days — from Wednesday until Saturday morning, between 2 and 3 o'clock. Q. You say he left on Wednesday, the 12th. How long had he been there before he left on that Wednesday; do you remember ? A. He had been there from the ISth of March. He had been away but once, and then he told me that he was going to the country, and he stayed over night and re- turned the next day, with a man named Bai- lej-, when he came to the house. Q. You say that you know of Atzerodt having had interviews with Booth ? Can you tell about how many they had ? A. I cannot tell exactly, but quite a num- ber. Q. Were you present at any of them ? A. No, sir. Q. Where were these interviews ? A. In front of my house. Q. On the street"? A. Sometimes on the pavement, sometimes below my house, down towards the National, I have seen them stand. Q. Were their interviews held in secretin any room ? A. No, sir; I never saw Booth in any room. Q. You mentioned before that Atzerodt had, previous to this last visit, had arms in his possession? A. I saw them once ; that was when he handed them into the office there. Q. And you kept them for him ? A. Yes, until be called for them. Q. Could you or could you not recognize them again? A. 1 could not swear to them. Q. What were the arms? A. A large revolver, something similar to the one shown me. Q. What else? A. Nothing else that I saw. Q. Did he have a knife? A. Other persons there say they have seen him with a knife, but 1 never saw it. Q. You have mentioned that Atzerodt boasted that on some day he would have enough gold and silver to keep him all his life. What led to that remark? Do you re- member the conversation that preceded it? A. I came into the room ; he was drinking at the lime ; he asked me to take a drink ; I took a drink ; he paid the bill, and then he said, "Greenawalt, I am pretty near broke, but I have always got friends enough to give me as much money as will see me through.^' Q. Did you not have gold and silver in your hand, and shake it in his face? A. No, sir. Q. Did any one of the company have gold and silver there? 23 A. Not that I remember, and not that I ' saw. I have had half a dollar in ray pocket, and I might have had that out, but I do not remember having it out. Q. Do you not remember saying that you had bought some gold that morning? A. No, sir. Q. Had you also been drinking? A I had taken a drink; I was not in liquor. Q. Do I understand you to say that you do not remember saying that you had bought gold and silver that morning? A. 1 do not remember that I did. When Mr. Bailey left my house, he wanted to pay his stage fare, and I bought some eight or nine §2| gold pieces, and I do not remember the exact amount of silver, but some $7, I think. Q. What brought the conversation to gold and silver? A. I do not know that I ever had any con- versation about gold and silver. There was only the remark of Atzerodt ; there was no other conversation about it. Q. Had you not before been talking about money in some shape? A. No, sir ; I had not been talking with him at all until I entered the room. He asked me to drink. Q. Had any one else, to your knowledge, been talking with him about money? A. No, sir. Q, You mentioned a man by the name of Thomas as having come to your house on the morning of this Saturday, between two and three o'clock, in comp.iny with Atzerodt. Did they seem to be intimate? A. No, sir. Q. Did you take them to be previously ac- quainted? A. I could not tell in regard to that. They came to my house. Q. You can tell what you took them to be. Did you take them to be acquaintances or strangers ? A. I thought they were in company by the way they came there. Q. Did the}' look as though they bad known one another previously, or bad met one another on the street, and just happened to come to your house together ? A. I judged that they were acquainted. Q. You say this man exhibited signs of ■disguise ? What were they ? A. He had on broadcloth clothing. It did not look like working clothing, and it was well worn — not laboring man's cloth- ing. Q. His clothing was well worn and broad- cloth, and that made you think he was in disguise? A . Yes, sir. Q. You have also mentioned that Atzerodt hesitated to register his name? In what shape did he hesitate? A. "Well," said he, "do you wish my name?" I said, "Certiinly." He stood back, and then he walked forward and stopped, and then followed it up and put down his name. Q. Is it an unusual thing for men to hesi- tate, when they come there at two or three o'clock in the morning, to register their naioes? A. I have not been receiving any guests at that hour. I never had any one to hesi- tate about registering. Q. Did he say he would not like to do it? A. No, sir. Q. Did he seem sleepy ? A. No, he did not, to my knowledge. Q. Did he seem in liquor? A. No, he was not in liquor. Q. Did he seem wideawake? A. He did. Q. Do you recognize among the prisoners at the bar the stranger by the name of Thom- as? A. There [pointing to Edward Spangler] is a man who resembles him somewhat. It appears to me he is not as dark. He has not got the beard on he had then. His hair was longer, and, I think, darker. I could not be positive as to that man. Q. His hair was longer and darker? A. Yes, sir; and cut down half over his ears. I think he was heavier. Q. Still you would not swear this was the man? A. No, sir. Q. That man stayed with you until five o'clock in the morning? A. He left about that time, as I understand. Q. Did you have a conversation with Atze- rodt about where he was going in the morn- ing? A. No, sir ; I did not have any conversa- tion with him that morning, no more than I asked him whether he had got back. That was all the conversation that I passed with with him, except thiit I asked him to register. Q. After he registered, and while he was registering, he remarked that he was a poor writer? A. No, sir; Thomas made that remark. Q. [E-thibiting to the witness the coat iden- tified oy John Lee as having been found in the room at the Kirkwood House.] Look at the coat. Do you remember ever having seen that in the possession of Atzerodt? A. I never did. Cross-examined by Mr. EwrxG : Q. Describe the color of the moustache that the man had on who you say resembled Spangler. A. Dark, black. Q. Heavy moustache? A. Yes, sir. Q. Had no other whisker? A. Yes, sir ; I think his beard was cut dowa at the sides. 24 Q. Was the beard on the side of the face close? A. His beard came front, and was cut down from the moustache up, but it was either that way or whisliers all around. I knew he had whiskers in front. Q. What sort of a hat did he wear? A. A dark slouch bat. Q. Worn? A. Yes. sir. By the JuDCrE Advocate : Q. Do 1 understand you to say that you are certain you have not seen the prisoner O'Laughlin at your house? A. I am. I do not know the man. By Mr. Doster: Q. Did I understand you to say that Thom- as came in company with Atzerodt? A. I did not see them come in. When I first saw them Atzerodt was lying on the set- tee and Thomas standing at the counter at the register. Q. What made you think they belonged together? A. The servant told me they came in to- gether. Q. That is the only ground of your believ- ing they were intimate? A. That is all I bad. Q. Will you state, if you please, the direct color of the hair and beard of Thomas ? A. As near as I can tell, his hair was black, black eye-brows, and black whiskers. He bad a moustache cut off from sides rather close, and beard in front. Q. Did either the hair or moustache appear to be dyed ? A. Xo, sir. Q. What was the color ? A. Black. Q. Did not Atzerodt refuse or object to this stranger going into his room? , A. Xo, sir. Q. Did he ask that he should come in ? A. Xo, sir. I Q. He simply acceded to it when you told ' him that there was no other room ? i A. Yes, sir. I told him he would have to ' room with that man. Q. You forced them together, in short ? A. I told him he would have to. That was my work. I would not force him ; he could I have taken th^t or lelt the house ; that was the best'I could do for him. I By the Col-rt : ' Q. Do you know whether they got up at . the same time in the morning ? A. I do not. Q. Did they occupy the same bed ? A. Xo. Q. You said that the last time Atzerodt left your house before the assassination was on Wednesday? A. I think so. He told me, going away, " Greenawalt, I owe you a couple of days" board ; will it make any difference to you whether I pay for it now or when I come back? I said, "No.'' Then he remarked, "It will be more convenient for me to pay when I come back." He said he was going to Montgomery county. Q. Do you know the man that they call O'Lautrhiin here ? A. Xo, sir. Q. Do you know the man with the black moustache, there in the centre of th" pris- oners' dock, [referring to O'Laughlin.] A. I do not know him. Q. You say the man Thom is stared at you at one time? A. Yes, sir ; when I entered the room he did. Q. Was that in the light? A. Rather a dim light — about half the jet of gas burning — one burner. Q. Did you have a distinct view of his face then ? A. I had a fair view of him. Q. Do you recognize that face among the prisoners at the bar? A. I do not — not that I could swear to. Q. Did you see the color of his eyes, his hair, his complexion? A. He had dark eyes, dark complexion. Q. What was his beard ? A. Black. A. B. Olin, a witness called for the prosecution, being duly sworn, testified as follows: By the Judge Advocate : Q. Judge, will you state to the Court whether or not, on the morning of the 15th of April, yoa visited Ford's Theatre and in- spected the President's box, as it is called there. A. Sunday following the IGth I first vis- ited the theatre. The assassination was on the evening of the 14th, and on the loth I was engaged in taking depositions. Q. Will you state the examination which you made, and the condition in which you found the box, and doors, and locks? A. My attention was called to the incision into the wall that was prepared to receive the brace that fitted into the corner of the panel of the door ; the brace was not there. Q. That is the outer door you speak of? A. The door enterinjr the alley way into the box which crossed the alley at an angle with the wall, and a brace fitted against the wall to the corner of the door fastens the door very securely. I discovered that, and looked for the remains of the plastering that bad been cut from the wall to make this in- cision. That was all, so far as I could ob- serve, carefully removed from a little carpet, where it must have fallen, as it was cut by- some sharp instrument. That plastering was all carefully removed. It was said to me that the pistol was dis- charged through the panel of the door. The 25 passa3e-way ia somewhat dark, and I pro- cured a lieht and examined very carefully the hole bored through the door. I discovered at once that the hole was made by some small instrument in the first place, and was. as I supposed, cut out then by a sharp instrument like a penknife ; and you can see, by placing a light near the door — if I am not very much mistaken, I thought I saw — marks of a sharp cutting knife, cleaning out every obstacle to looking through that hole in the door. I then discovered, also, that the clasp that fastens thebolt of the first door — this would be a dou- ble box on some occasions, there is a movable partition fitted to it — on the clasp that re- ceives the lock of that door, the upper screw holding the clasp had been loosened in such a way that when the door was locked, by putting my forefinger against the door and pushing it, I could push the door open. I seated myself as near as I could ascertain the position of the chair in which the Presi- dent sat that evening ; for I procured, to ac- company me. Miss Harris, who I understood was in the box on that occasion, and she lo- cated the chair as nearly as she recollected it to have been placed on the evening; and in seating myself in the chair, closing that door, and letting a person place his eye very near that hole, close to the door, the ranare would be about from one to the other, striking my head about midway from the base to the crown. I directed my attention principally at that early stage of the investigation to ascertain- ing more particularly the precise period of the occurrence, as there was some uncertain- ty at that time whether the attack upon Mr. Seward's family and the assassination of the President was the result of the act of some one person or more persons, and I directed my attention in the first place more particu- larly to ascertaining the precipe period of time as nearly as I could when this occurred. I continued to make some examinations. Q. Did you examine the condition of the locks on the doors? A. I did. I examined the condition of the locks. The lock played readily. Q. A hasp or catch? A. As I before observed, the catch of one door, the first door that would enter into the first box as you passed into the box from this alley-way, the upper screw holding the hasp was loosened in such a way that it could be 1 pressed upon with the finger when the door ' was locked, and the hasp would fall back. I . also examined to see if I could discover the ' chips that must have been made by boring i and cutting out this small hole, hat they had apparently been removed. I discovered noth- j ing of them. Q. Did you see the bar, or had it been lost? I A. It had been remove! by some one. You ] could see the indentation upon the door, in ' the panel of the door, where some brace might have been made from the wall to the door. That indentation there is perceptible, and the brace was so fixed in that it would be very difficult to remove it from the out- side. 1 do not think it could be done with- out breaking the door down. The more pressure that was made from the dress circle of the theatre upon that bar, the firmer it would have been held in its place ; but it was securely fastened in its place, for it rested on that hole in the wall and the panel of the door. Q. Did it bear the appearance of having been recently made ? A. Yes, sir. It was a freshly cut hole. The wood was as fresh as it would have been the instant it was cut, apparently, to the obser- vation. Q. Can you describe the chair ? A. It is a large, high-backed arm-chair and satin cushions. Q. A rocking-chair? A. I think not a rocking-chair. From nearly opposite the plac; where the Presi- dent's head miiiht have rested against the chair, I think I could discover, although it was red, the marks of several drops of blood. By Mr. Aiken : Q. Are the civil courts of this District ia fu'l and free operation ? A. They are in operation; at least, they were before T adjourned one to-day. By Mr. Dcster : Q. Will you be kind enough to state whether the civil courts are supposed to sit by the consent of and in order to carry out the will of Gen. Grant? A. I really do not know how anybody supposes that. He has given me no informa- tion on that subject. Major Hexey R. Rathboxe, recalled. By the Judge Advocate : Q. After the shot had been fired, did you go to the outer door of the President's box, and examine how it was closed? A. I did, sir; for the purpose of calling medical aid. Q. In what condition did you find it? A. I found the door barred, so that the people who were knocking on the outside could not gain an entrance. Q. Did you make an attempt to remove the bar? A. I did, sir; and removed it with difS- culty. Q. Was that after you had received the stab from the assassin ? A. Yes, sir. [Exhibiting a bar to the witness.] Is that blood on that wooden bar from your arm? A. I am not able to say that ; but my wound was bleeding freely at the time. Q. In what condition did you find the bar? 26 A. The bar was securely fastened in the wall, and appeared to be resting against the moulding of the door. I think it could not have been jostled out by any pushing from the outside. Q. Did you notice particularly the chair in which the President sat? What was its character? A. Nothing, except that it was a large, eas}' chair, covered with damask cloth. Q. You do not know whether it had rock- ers or not? A. My impression was that it had ; lam not sure. By the Court : Q. Is that the bar the door was closed with? A. I am not able to say. Q Was it similar to that? A. My impression was, that it was a differ- ent piece of wood. Isaac Jaquette, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. [Exhibiting a bar to the witness.] — Will you please state to the Court v\ hether or not you found that bar in Ford's Theatre, and under what circumstances, and where? A. Yes, sir. Soon after the President was carried out, I went to the bo.x with several others, and this bar was lying inside of the first door going into the box — lying on the floor. 1 picked it up. I stayed around there some time, and then carried it out. Q. Did you take it home with you ? A. Yes, sir. Q. There has been a piece sawed off, has there not? A. Yes, sir. There was an officer stop- ping at the same boarding-house where I was, and he wanted a piece of it. I sawed a piece off", but he concluded not to take it afterwards. Q. These spots upon it are blood? A. Yes, sir. Q. Were they fresh at the time? A. They looked fresh at the time. [The bar was offered in evidence without objection.] Joe Simms, (Colored,) recalled for the prosecution : By the Judge Advocate : Q. Will you state whether or not you have been working at Ford's Theatre ? A. Yes, sir. I have worked at Mr. Ford's Theatre for two years. Q. Were you there on the evening of the day on the night of which the President was assassinated? A. Yes, sir. Q. Did you see the persons engaged in de- corating the President's box that after- noon? A. Mr. Harry Ford and another gentle- man, I do not know his name exactly, were up there fixing up the box. Mr. Han-y Ford told me to go up to his bed-room and get a rocking-chair out and bring it down and put it in the President's box. I did so, accord- ing to his orders. When I carried the chair into the private box and set it down, Mr. Harry Ford said, " You can go down, that is all I wanf;" and I immediately passed down the stairs. Q. You carried it into the box yourself, did you ? A. Yes, sir. He told me to bring it out of his sleeping-room and put it into the private box. Q. Had it ever been there before? A. Not this season. Q. Was it a rocking-chair? A. Y'es, sir. Q. How was the back, high or low ? A. It was a chair with a high back to it. Q. And cushioned? A. Yes, sir. Q. Did you see the prisoner, Edward Span- gler, there on that occasion? A. Not at that time. There was no one in the box at that time but Mr. Harry Ford and the other gentleman that was helping to fix it. He had started to go down when he told me to go alter the chair. Q. Was Spangler on the stage that after- noon when you were bringing the chair? A. Mr. Spangler was obliged to be there ; he was there all the time. Q. Was he there that afternoon? A. He was there that afternoon. He wag obliged to be there. There was no other place for him, He worked there altogether, the same as I did, and had no calling away only when he went to his boarding house. Q. I understood you to say that he was in there when the chair was put in th'e box? A. I did not see Mr. Spangler in the pri- vate box. I carried it up, but I did not say Mr. Spangler was in there. Q. Was he on the stage at the time — do you know? A. He might have been on the stage or somewhere about the building. Cross-examined by Mr. Ewing: Q. You say Mr. Spangler might have been on the stage then? A. Yes, sir. Q. You did not see him then ? A. No, sir; I did not see nim. I did not notice particular. When Mr. Harry Ford told me to go up in his room and bring down the chair, of -jourse I went, not noticing par- ticular, which I hardly ever did; I have been there so long at work that I hardly ever no- tice persons so particular; but this Mr. Spangler had no other calling- away in the week, only right at the theatre, on the stage, except when called up to his boarding house. 27 Q. You say he bad no "other calling away." You mean that was all the business he was engaged in ? A. Yes, sir; that was his business. ■Q. You do not know whether he might not have had something to call him away from the theatre just at that time, do you ? A. No, sir; I do not. Q. Who was this other gentleman that was in the box with Jlr. Harry Ford? A. I thitik his name is Mr. Buckingham; I may be mistaken. Q. Was he employed about the theatre? A. He stood at the doors at night to take the tickets when the people came in ; he was doorkeeper in front of the house. Q. You think it was Mr. Buckingham that ■was there then with Mr. Harry Ford? A. I think it was Mr. Buckingham that was helping Mr. Harry Ford to fix up the private box. Q. What hour in the afternoon was it? A. It was a little after three o'clock, I think ; I did not notice the time particularly ; it might have been later and it might have been sooner. Q. Mr. Ford called you to come up to the box, did he? A. Yes, sir. I was doing something some- where around the building, and he called me and told me to go to his room and bring down that large rocking-chair out of his slee[)ing room and put it in the private box. I did so, according to his order. Q. Where were you when he called you? A. I do not know exactly where I was; ■whether I was out in the alley, or whether I AA^as up on the flies ; but I was somewhere about the building, I know, when he called me. Q. You were near enough to hear when he called? A, I had come in from carrying bills; I carried the bills out every day so that the people could see what was going to be played; and I came back that evening and was about to take my meal, was going to eat up on the flie, when he called me. He called me down, and told me to go up to his room and get the chair. Q. You took your meals up on the flies, did you? A. Yes, sir ; I used to take my meals there, of course. Q. At what time did you generally take that meal ? A. I generally took it whenever I could. When 1 came in the morning I would take out the bills, and that would keep me some- times until three o'clock, and sometimes longer ; and whenever I would come back I would eat. Q. And you were eating when he called you? A. When he called me to bring the chair, I put down my meal, and went and got the chair for him, and put it in the private box. Q. Did you see Mr. Spangler as you went to the box at all ? A. No, sir; I did not see Mr. Spangler. I did not see him when I went to the box, neither did I see him when I came away from the private box. Q. Describe that chair. A. There is not a chair in here like it, but it was one of those high-backed rocking- chairs, with a high cushion on it — a red cushion. Q. What kind of material was the cushion made of, cloth or satin? A. A kind of satin. Q. Do you know that the chair never was in the private box before this season? A. Not this season that I know of. Q. When was it in ? A. Last season. When they got it last season it was in the private box, and lir. Harry Ford told me to take it out of the pri- vate box and carry it up in his room. That was the only one up in his room. Q. It was bought last season? A. Last season. Q. Was there any other furniture for the box of the same character? A. Yes, sir. Q. What other pieces? A. There was a sofa and some other chairs. Q. Any other big chair? A. Not in that box that I know of. I did not notice particularly. It was not my busi- ness to be looking into this place, and there- fore I did not notice particularly. I never went in there only when I was sent, for there were persons to clean it up and go all about, and I just attended to the outside work. Q. Was the sofa covered with the same ma- terial ? A. Yes, sir; it was covered with the same material. Q. Was that furniture bought for the pri- vate box? A. I do not know whether it was bought for the private box, or whether it was bought for the properties, to be used on the stage. Q. Was it bought for the theatre? A. Yes, sir. Q. And it was in the private box last sea- son ? A. Yes, sir; last season. Q. With the rest of the set that it belonged to? A. With the rest of the furniture that was in there. Q. The rest of the furniture you spoke of was covered with the same sort of cloth ? A. Yes, sir. By the Judge Advocate : Q. Did you take a large chair out of that box at the time^you put this one in? A. No, sir; I did not take one in and one out. Q. You do not know what kind of a chair was there before? 28 A. No, sir , I do not. I just brought that chair in and set it down. Mr. Ford said, that is all I want with vou :" and I went down 'immediately . Charles H. Rosen, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. State whether you know the prisoner Edward Spangler? A. I do not know him personally. Q. Do you know bim when you see him? A. No ; I was not there at the arrest. I went to his house and secured the rope. Q. You were not present at his arrest ? A. No, sir. Q. Did you go to his house after the ar- rest? A. Yes, sir. Q. What did you find there? A. We found a carpet-bag at the house where he takes his meals, on the corner of Seventh and H streets. The man in charge of the house handed us a carpet-bag, in whi-h we found a piece of rope, which I measured afterwards, and found to contain eighty-one feet, and the twist was very carefully taken out. There was nothing else in the carpet- bag except some blank paper and a dirty shirt collar. When we inquired for his trunk, we were told that he kept it at the theatre. Q. When was that carpet-bag with the rope left there? ! A. It was left at the house where he gen- erallv took his meals. j Q.'When? A. That I do not know. I Q. When did you take it? A. I took that rope from the house on the evening of Monday, the 17th of April since, between nine and ten o'clock, in company with two military detectives. Q. Who were with you? A. Two of the Provost Marshal's detec- tives. Q. Do you know their names? A. I do not. I Q. You did not see Spangler himself then ? A. I did not. I was to have gone with the other officers for the purpose of securing pa- pers, but I missed them, and consequently I ' was not present when he was arrested. Q. Did you find the carpet-bag open? Had it been open ? A. No, sir; we made out to open it be- tween us. It was locked. We found keys to unlock it. Cross-examined by Mr. EwiXG : Q. Where is the house at which yon got the earpet-bag ? A. It is on the northwest corner of Sev- enth and H streets. Q. Who gave it to you? A. We took it when we found that it be- longed to Spangler. Q. Who was there? A. A man called Jake, who works at the theatre in company with Spangler, told me that was Spangler's carpet sick, and that that was all he had at that house. Q. What was the man's name? A. He is commonly called Jake; that is all I know; he is apparently a German. Q. What persons in the house that lived or stayed there did yon see ? A. A couple of the boarders, I presume they were. I did not know any of the other par- ties that were in the house. Q. What room was it that yon got it out of? A. The bed-room up stairs. Q. What part of the house ? A. As near as I could judge, on the south side. Q. On the south side of the house ? A. Yes ; the room was facing to the south. Q. Describe the room. A. It was on the north side of the room itself where the bag was, right near where Jake — the man I referred to — had his trunk. He was working, as he said, in the same theatre with Spangler. Q. Look at that coil of rope, and state whether or not it is the same that you found in Spangler's carpet-bag. A. I am satisfied and believe that is the same rope. Q. What did you do with the monkey- wrench ? A. I found no monkey-wrench in that car- pet-bag. Q. Did you find any anywhere else? A. No, sir. The witness added : I beg leave of the Court to correct my statement as to the local- ity of the house, not being fully posted as to the latitude. Siuce reflecting on it, I think it is the northeast corner of Seventh and H streets. By Assistant Judge Advocate Bctbxett : Q. On what floor is the room? A. On the second floor. Q. Was the room numbered? A. Where we were fciken to, where the carpet-bag was found, there was no number on the room. William Eatos recalled by the prosecution. By the Jpdge Advocate : Q. State to the Court whether or not you arrested the prisoner Edward Spangler ? A. Idid. " Q. At what day, and under what circum- stances? A. I do not recollect the date. Q. State the day as near as you can ? A. I cannot state the date. It was the next week after the assassination. Q. Where did you arrest him ? A. In a house on Seventh street, near the Patent Office. 29 Q. The corner of Seventh and which street was it? A. I think it is between G and H. Q. Was it at the corner of Seventh and II? A. It was. Q Which corner? Can you state? A. The right-hand side of Seventh street. Q Is it the northeast corner or not? A. It must be tlie southeast corner. Q. Do you know whose house it is ? A. I do not. Q. Did you find any weapons in his pos- session ? A. No, sir ; I did not search him. My or- ders were to arrest him. Q. Was that his boarding-house ? A. I think it was. Q. Who was with him ? A. I do not know — the ladies who were in the house. Q. Are you certain as to the corner on which that house stands ? Refiect and see whether you are right in your recollection. A. I know it is in the corner building ; I do not know whether it is on the corner door. Q. Is it on the nortkeast or southeast cor- ner ? A. I think it is on the southeast corner. No cross-examination. James J. Gifford, a witness called for the prosecution, being duly sworn, testified as follows : By the Judge Advocate : Q. Will you state to the Court whether or not you have been connected with Ford's Theatre, in this city ? A. Yes, sir. Q. In what capacity ? A. I was the builder of it. Q. In what capacity afterwards? A. I have taken care of the building, keep- ing it in order, and working on the stage. Q. You have been the carpenter there? A. Yes, sir. Q. Were you the carpenter there on the 14th and 15th of April last? A. Yes, sir. Q. Did you observe the President's box in the theatre on that day ? A. No, sir ; I did not look at it that day ; I was not in it. Q. Do you know who decorated that box on that occasion? A . 1 saw Mr. Harry Clay Ford in the box putting flags out. Q. Who else? A. At one time I saw Mr. Ray bold, I think, with him: I am not certain. Q. Anybody else? A. No, sir. Q. Did you see the prisoner Spangler in the box at any time during that day ? A. No, sir ; I did not. Q. Did you observe a large rocking-chair which was in the President's box in the thea- tre on the 14th of April? A. I observed it afterwards ; I did not take notice of it on the 14th. Q. When did you see it? A. I saw it on Saturdav, the 15tb. Q. Where? A. In the box. Q. Do you know when it was placed in the box? A. No, sir. Q. Nor by whom? A. No, sir. Q. Do you know whether it had ever been there before? A. I do not think it hnd been this season. I saw it there last senson. Q. To whom did it belong, and where had it come from? A. It belonged to Mr. John T. Ford. It was a part of a set of furniture — two sofas and two high-backed chairs, one with rock- ers and one with castors ; I have sometimes seen the one with castors in the box this sea- son, but I never saw the rocking-ch.iir in it. The last I saw of the chair before this was in Mr. James R. Ford's and Henry Clay Ford's room. Q. In the theatre? A. Adjoining the theatre. Q. You say it had not been in the box in the theatre during the past season? A. Not this season that I have seen. I saw it last season, not this season. Q. When did you see it in Ford's room? A. I suppose it must be three or four or five weeks before the occurrence. Q. When did you see it again ? A. Not until Saturday morning, April 15th. B. Did you see it after that anywhere? A. No, sir; except on Sunday and Monday, when I came away from there. Q. Do you know who took it away ? A. No, sir. Q. Do you know whether the scenes of the theatre remain as they were the moment of the assassination ? A. I set a scene there for a gentleman to take a view for the Secretary of War. At the time I left the theatre the scene was then set as it was the night of the assassination. The back flats in the three back grooves had been pushed off. I do not know whether they were pushed back since. They had been pushed off so as to give a view for the occupants of the side box. I pushed them oif the box to assist in making the pic- tures. Q. Have you examined the condition of the locks on the doors of that box ? A. No, sir; I have not. Q. Did you examine the wall where there is a mortise made ? A. Yes, sir. Q. When did you examine that first? ..-stiai ^^Mi -frfTir- ^IE£ *:I- . ase-- -'^tt-sK miA^.mi ^. —nut jrnc j. * sir i:ib: aiiofc (ht -.p ~^ ^P"^ftHI! - sr J^ atf t*> 31 A. Xo, sir : I do eot. Cro5S-es*a»iBed bj Nr. £ir3« : Q. rSabmita ^ to tiie vitaea a. plus of the tfif^tre.] Wm joa rraame tbupl&t carefsUj, ami sistr Theiher it is or is sot as appcoxinntdj correct pltf of the thsKtre? A. Tbe lines is ibe oi r h t- Am i are sot e sooth side there is a profcclioa of abo«t thiviLl-d jod^ the ]&st tiise I saw him was ax ahoxt tauf-pist mime o'ciock. Q. Stite whether yoia saw him each tame JOB came oa the stj>fe. A. Ye, sir ; I saw him e:^fi tisae. Q. Be was yo«r siBbair£^>aie, I beiCiere ? A. Yes, sir. Q, State whew to* wvre dicriikg that pJay whin joa wei* no-t ca the sta^re, A. i was ia ^le frcxiit of the ho9»L. I wa^ied liowa to D ai»d I^th sicree«s to lock at a hd^ lamp I had pst up dteire, wM)e the £rst act was foaitir cd as'd talked a BKnaeiit or two, daririir the secomd act. I>aniif the third act 1 did not k*Te the hMse at ail. Q. Yo« were th«a ia fioat of the theatre a pArt of tbe time betweni the secnod and third acts? i. Yes. sir, Q. How miach of the-