Weichman came back and asked ma if she lion. My father gave them to me before his would have any objections to Atzerodt re- death, and I prize them on his account, if on maining there that night; that he did not nobody else's I also had in the house phofeel at home at an hotel. After thinking for tographs of Union Generals of General some time, ma said, "Well, Mr. Weichman, McClellan, General Grant, and General Joe I have no objections." Mr. Weichman was Hooker. a boarder at my mother's house, and was but The last time I saw my brother was on too kindly treated there. It was my mother's Monday, the 3d of April; I have never seen habit to sit up for him at night, when he was him since. He may have been on friendly out of the house; she would sit up and wait terms with J. Wilkes Booth. Mr. Booth for him the same as for my brother. called to see him sometimes. I never asked Payne first came to our house one night him what his friendship was to Booth. One after dark, and left very early the next morn- day, when we were sitting in the parlor, Booth ing That was not long after Christmas. came up the steps, and my brother said he Some weeks afterward, he came one night believed that man was crazy, and he wished when we were all in the parlor. Weichman he would attend to his own business and let went to the door and brought the gentleman him stay at home. He told me not to leave in, and I recognized him as the one who had the parlor, but I did. been there before under the name of Wood. I did not know him by the name of Payne at all. I went down stairs to tell ma that he was there. She was in the dining-room. She said she did not understand why strange persons should call there, but she supposed their object was to see my brother, and she would treat them politely, as she was always in the habit of treating every one. He called two or three times after that-perhaps the same week, or two weeks after-I can not say exactly. On this visit, as we were sitting in the parlor, he said, "Mrs. Surratt, if you have no objection, I will stay here to-night; I intend to leave in the morning." And I believe he did leave the next morning.

I have met John Wilkes Booth at our house. The last time he was there was on Friday, the 14th, I think; I did not see him; I heard he had been there.

Assistant Judge Advocate BURNETT. Miss Surratt, you ought to be cautioned here, that the statements or conversations of Mr. Surratt, or Mr. Booth, or your mother, are not competent testimony. You should state simply what was done, and not give the statements of the parties; and the counsel ought not to ask for such statements.

Mr. AIKEN. [To witness.] In giving your evidence you will avoid giving statements that you heard your brother make, and the language he used. State only what you know, as far as your knowledge goes.

My brother was at St. Charles's College, near Ellicott Mills, Maryland, in 1861; but he was not a student of divinity. He was there, I think, three scholastic years, and spent his vacations, in August, at home. During the time he was not at home for vacation he was at college.

My mother went to Surrattsville on the I never, on any occasion, heard a word Friday of the assassination, and I think her breathed at my mother's house of any plot carriage was at the door at the time Mr. or conspiracy to assassinate the President of Booth called. I heard some one come up the United States; nor have I ever heard the steps as the buggy was at the door, and any remarks in reference to the assassination ma was ready to start. Ma had been talk- of any member of the Government; nor did ing about going during the day, before Booth came, and perhaps the day before; she said she was obliged to go on some business in regard to some land. Mr. Booth only staid a very few minutes. He never staid long when he came.

I ever hear discussed, by any member of the family, at any time or place, any plan or conspiracy to capture the President of the United States.

My mother's eyesight is very bad, and she has often failed to recognize her friends. She has not been able to read or sew by gaslight for some time past. I have often plagued her about getting spectacles, and told her she was too young-looking to wear spectacles just yet; and she has replied that she could not read or see without them.

By MR. EWING.

That picture belonged to me; it was given to me by that man Weichman, and I put a photograph of John Wilkes Booth behind it. I went with Miss Honora Fitzpatrick to a daguerrean gallery one day to get her picture; we saw some photographs of Mr. Booth there, and, being acquainted with him, we bought My brother left college in 1861 or 1862, the two and took them home. When my year my father died. I was at school at brother saw them, he told me to tear them Bryantown from 1854 until 1861; I left on up and throw them in the fire, and that, if I the 16th of July. Surrattsville, where we did not, he would take them from me. So I formerly resided, is on the road between hid them. I owned photographs of Davis, Washington and Bryantown. Stephens, Beauregard, Stonewall Jackson, I never saw Dr. Samuel Mudd in my and perhaps a few other leaders of the rebel-mother's house in Washington.

Recalled for the Defense.-June 7.

By MR. AIKEN.

[Submitting to the witness the card containing the arms of the State of Virginia, with the motto "Sic semper tyrannis.")

I recognize that card; it belongs to me, and was given me by a lady about two and a half years ago.

By MR. EWING.

We commenced moving from Surrattsville

to the house on H Street about the 1st of

October last; I went there myself about the first week in November. We have occupied no other house in Washington.

Recalled for the Defense.-June 9.

By MR. AIKEN.

I was at communion with Mrs. Surratt on Thursday morning, the 13th of April. I was present at the time of Payne's arrest at Mrs. Surratt's house. I did not recognize him at the house, but I did at General Augur's office, when the skull-cap was taken off his head.

I know Mrs. Surratt's eyesight is defective; I have often threaded a needle for her when she has been sewing during the day, because she could not see to do it herself, and I have I never saw Judson Jarboe until I got acnever known her to sew or read by gaslight. quainted with him at Carroll Prison. I never saw Dr. Samuel Mudd at Mrs. Surratt's house, and never heard his name mentioned there.

I have never seen Judson Jarboe at our house; he never visited the house at all. I have seen him pass in his buggy in the country, but I have never seen him to speak to him. I never saw Dr. Samuel Mudd at my Cross-examined by ASSISTANT Judge Advocate mother's house in the city, nor heard of his being there.

MISS HONORA FITZPATRICK.

For the Defense.—May 25.
By MR. AIKEN.

BURNETT.

When we were at General Augur's headquarters, Mrs. Surratt was taken in another room. Payne was down behind the railing, in the room in which Miss Surratt, Miss Jenkins, and myself were. The only time that Mrs. Surratt was in the room with us was when Miss Surratt gave way to her feelings, because some one suggested that this man Payne was her brother, John H. Surratt. I do not remember that Mrs. or Miss Surratt said there that they had never seen that man before. Miss Surratt remarked that I know the prisoner, Atzerodt. I have that ugly man was not her brother, and she seen him at Mrs. Surratt's, but I do not know thought whoever called him so was no genin what month. He only stayed there a tleman. He had his cap off at that time. I short time; I think Mrs. Surratt sent him did not hear her deny that she had ever seen away. I occupied the same room as Mrs. him.

I boarded at the house of Mrs. Surratt, on H Street, from the 6th of October last till I was arrested. I met the prisoner Payne at breakfast one morning, I think in March or April last. I have seen him there twice; the last time was in March.

Surratt, and Miss Surratt slept in the same I do not remember whether the officers room for a time. called Mrs. Surratt out to see Payne at the [The picture," Morning, Noon, and Night," was exhib-time of his arrest at the house; I remained ited to the witness.] in the parlor all the time.

I know this picture; it belonged to Miss Surratt, and was kept on the mantle-piece, but I do not know of any photograph placed behind it. I bought a photograph of J. Wilkes Booth, and took it to Mrs. Surratt's house; Miss Anna Surratt also bought one. The last time I saw Mr. Booth at Mrs. Surratt's was on the Monday before the assas sination. John Surratt had left a fortnight before, and I never saw him after.

I am acquainted with Louis J. Weichman; he was treated in Mrs. Surratt's house more like a son than a friend.

Mrs. Surratt has complained that she could not read or sew at night on account of her sight. I have known of her passing her friend, Mrs. Kirby, on the same side of the street, and not see her at all.

Cross-examined by the JUDGE ADVOCATE The photographs of Stephens, Beauregard, and Davis did not belong to me.

MRS. ELIZA HOLAHAN

For the Defense.-May 25.

By MR. AIKEN.

I boarded with Mrs. Surratt from the 7th of February until two days after the assassination. I know the prisoner at the bar who called himself "Wood," [Payne;] I saw him at Mrs. Surratt's in February, and the second time, I think, about the middle of March. He was introduced to me as Mr. Wood, but I never exchanged a word with him on either visit. I asked Miss Anna Surratt who he was, and she said he was a Mr. Wood, a Baptist minister. I said I did not think he would convert many souls; he did not look as if he would. He was there but one night on his first visit, and on the second, two or three days, I think; it was after the inauguration. I have seen the prisoner Atzerodt at Mrs. Surratt's, though I never

heard of him by that name; he called him- rattsville. I was present one evening, when self, and the young ladies called him, "Port she handed me a newspaper to read for her; Tobacco." I saw him come in at times, and and I called one evening at her house, about he dined there once or twice. I heard Mrs. the 20th of February, and, although the gas Surratt say she objected to Mr. Atzerodt; she was lit in the hall, she failed at first to did not like him, and that she would rather recognize me he did not come there to board. I can not I met Louis J. Weichman once at Mrs say that I was intimate with Mrs. Surratt; Surratt's; I remained there two days or more. I liked her very much; she was a very kind I had no particular business, and I went to lady to board with; but I was more intimate Mrs. Surratt's because I knew them, and with her daughter than I was with her. because it was cheaper than at an hotel.

Q. In all the time you boarded in her house did you ever hear Mrs. Surratt say any thing with reference to the existence of a conspiracy to assassinate the President?

When I saw Mr. Weichman I showed him a cipher, and how to use it. Weichman then made one himself.

[The cipher found among Booth's effects was exhibited

to the witness.]

The cipher I showed to Mr. Weichman was the same as this.

Assistant Judge Advocate BINGHAM objected to the question. The law so hedges about this matter of crime that those who are charged with it are never permitted to prove Q. Did Mr. Weichman at that time give their own declarations in their own favor, be- you any information in regard to the numcause, if it were so, the greatest criminal that ber of prisoners that we had on hand? ever cursed the earth and disgraced our com- Assistant Judge Advocate BINGHAM objected mon humanity could make an abundant to the question, inasmuch as Mr. Weichman amount of testimony out of the mouth of the was never asked any question in relation to most truthful people living. that matter in his cross-examination. The question was waived.

Mr. AIKEN replied, that if the witness had heard Mrs. Surratt make any remarks with reference to a conspiracy, and disclosed to her any knowledge of that fact, it would be valuable evidence on the part of the Government, and it would be just as valuable to the defense if she did not.

The question was waived.

I have seen John Wilkes Booth at Mrs. Surratt's three or four times. When he called, he spent most of his time in company with Mrs. Surratt, I believe; he would ask for Mr. John Surratt, as I understood; if he was not there, for Mrs. Surratt.

Mrs. Surratt's eyesight was defective. I never saw her read or sew after candlelight. I went to Church with Mrs. Surratt during Lent very often; she was very constant in her religious duties.

I have not seen John Surratt since early in March, when he was last at home.

For the Defense.—May 27.

I had some conversation with Mr. Weichman with respect to his going South; he said he would like to go South, or intended to go South.

QDid he say any thing, in connection with his wishes to go South, of his sympathies?

Assistant Judge Advocate BINGHAM objected to the question, inasmuch as Mr. Weichman had not been asked, on his crossexamination, whether he had stated any thing to Mr. Howell about his sympathies at that time and place.

The question was waived.

Mr. Weichman said he would like to go South with me, but he was not ready, he said, to go at that time; but as soon as he got his business arranged he was going. He asked me if I thought he could get a position in Richmond; I told him I did not know whether he could or not, as the wounded and invalid soldiers generally had the preference in the offices there by an order of the War Department. He told me that his sympathies were ultimately succeed. I believe he said he had with the South, and that he thought it would done all he could for that Government-referring to the South. We had some converon hand, and he stated to me the number of sation in regard to the number of prisoners Confederate prisoners the United States Government had on hand, and the number they had over that of the Confederate Government. I doubted it at the time, but he said it would not admit of doubt; that he had the books in his own office to look at.

In that conversation, I think, Mr. Weichman said he had done all he could for the My name is Augustus Howell. I first be- South; he expressed himself as a friend of came acquainted with Mrs. Surratt and John the South, as a Southern man or a secesh H. Surratt about a year and a half ago, at Sur-sympathizer would.

Cross-examined by ASSISTANT JUDGE ADVOCATE in Richmond but to see some friends, and to

get some drafts. Our Maryland boys gen-
erally sold drafts, and I used to go down
to Richmond occasionally to buy drafts for
them.

Q. On whom did you buy drafts?
A. That would be implicating others, and

Q What has been your business for the I do not wish to answer that question. last year and a half?

Any thing relative to myself I will answer

Assistant Judge Advocate BURNETT. Protection on the stand only applies to yourself, not to others.

Mr. AIKEN. I object to the question. In willingly. the examination in chief, the witness was asked nothing at all with reference to his business, one way or the other. I do not object to his stating it, if he wishes to do so, but I do not think it is relevant.

WITNESS. They were upon some of my friends in Maryland. They were not upon Assistant Judge Advocate BURNETT. The any of the accused, or any person in WashCourt has the right to know the status of the ington. I never carried any dispatches in witness. We have a right to know whether my life.

his employment was loyal or disloyal, and I have been at Richmond about half a whether that fact was known to the family dozen times since I have known the Surratts. of Surratts. It is always competent to give I can not say that I was known to my to the Court the full status of the witness friends as a blockade-runner.

during the time about which he testifies. It My name is Augustus Howell; that is my is but the ordinary course of cross-examina- correct name. I generally write my name tion. A. S. Howell. "S" stands for Spencer. My friends call me Spencer, but I seldom use the "S" in my name.

General WALLACE. I should like to hear the reason of the objection.

Mr. AIKEN. It is objected to, first, because no question was asked the witness in the examination in chief, in reference to what his business has been; and, secondly, because it is entirely irrelevant to the issue now before us, in every way and shape.

The cipher I showed to Weichmann I learned out of a magician's book. I have been acquainted with it for six or seven years.

I never met a person by the name of Mrs. Slater at Mrs. Surratt's house. I met a lady The Commission overruled the objection. by that name in Washington, about the 20th Mr. AIKEN. I how object to the witness or 22d of February, and had some converanswering the question. He is not obliged sation with her in front of Mrs. Surratt's house. to do so, if his answer will tend in any way to We went to Virginia together. John H. Surcriminate himself as to any thing in which ratt was with her in the buggy. I met Mrs. he has been engaged; and if he does not Slater in Richmond about the last of Febwish to answer the question, he has the privi-ruary. It was soon after I saw her in front lege not to do it. of Mrs. Surratt's house, that I met her in Richmond.

Assistant Judge Advocate BURNETT. If it is placed on the ground of personal security, if the witness claims that privilege at the hands of the Court, he can make that claim, and I will not press that portion of the question. [To the witness.] It is your right, and I apprise you of it now, to claim protection at the hands of the Court against any matter that will criminate yourself.

I staid about two days and a half at Mrs. Surratt's in February. I told them that I had been to Richmond. I do not know that they knew my business. I had some conversation with Mrs. Surratt, and judged she knew I was from Richmond. I think Atzerodt was at Mrs. Surratt's house during the time I was there, but I never saw Payne.

WITNESS. I have had no particular occu- I used to meet Dr. Mudd occasionally, pation since I came out of the Confederate when I was at Bryantown. He never sent army. I was in the First Maryland Artillery messages by me to Richmond, nor did I of the Confederate service, during the first bring any back to him. I was at his house year of the war, up to July, 1862, I believe. about a year ago, but never made it a stopSince then I have not been employed in any ping-place. I had lost a pistol which I left particular business. I have been to Rich- at a house in Bryantown, and I asked him mond occasionally. Sometimes I went once to go there and get it for me, but he did not. a month, sometimes once in two or three I was going up into the country, and did not months. I do not think I have been but miss the pistol until I was passing Dr. Mudd's twice the last year. I was there in Decem- place. It was because his house was the ber, and again in February, I think. Some nearest that I went in and asked him to get one might have gone with me in December, it for me. but I do not remember who it was. In Feb

I brought one draft from Richmond, from ruary, some half dozen accompanied me, but young Marriott, in Prince George's County, they were principally from the neighborhood Maryland, for his sister, of $200, and for which in the county. I had no particular business I paid at the rate of $800 of Confederate for

$100 of United States money. Another from days before the second, and that I received young Tolson, which I have not yet collected, on the day of the assassination; it was that and another from a young man by the name which took me to Mrs. Surratt's on that day. of Chew, on his brother in Anne Arundel He inclosed them in letters to me. I answered County. his letters to me, and left them with his mother, I do not know any thing of Weichman's as I supposed she would be glad to hear from having quarreled with the Surratt family, him. I have not seen them since.

tions of this witness without occupying many pages. In The Judge Advocate. He said nothing each case we give his last statements, many of them flatly about a theological school there. He said he contradicting those made a few moments before.