The Lincoln Assassination Conspirators: Their Confinement and Execution, As Recorded in the Letterbook of John Frederick Hartranft

The Lincoln Assassination Conspirators

The Lincoln Assassination Conspirators Their Confinement and Execution, as Recorded in the Letterbook of John Frederick Hartranft

Edited by Edward Steers, Jr., and Harold Holzer With a Foreword by Allen Weinstein, Archivist of the United States

Louisiana State University Press╇╅╇ Baton Rouge in association with National Archives and Records Administration╅ Washington, D.C.

Published with the assistance of the V. Ray Cardozier Fund Published by Louisiana State University Press Copyright © 2009 by Edward Steers, Jr., and Harold Holzer All rights reserved Manufactured in the United States of America First printing Designer:╇ Barbara Neely Bourgoyne Typefaces:╇ Minion Pro, text; Myriad Pro, display Printer and binder:╇ Thomson-Shore, Inc. Library of Congress Cataloging-in-Publication Data The Lincoln assassination conspirators : their confinement and execution, as recorded in the letterbook of John Frederick Hartranft / edited by Edward Steers, Jr. and Harold Holzer ; with a foreword by Allen Weinstein. â•…â•… p. cm. ╇ “In association with National Archives and Records Administration, Washington, D.C.” ╇ Includes index. ╇ ISBN 978-0-8071-3396-5 (cloth : alk. paper)╇ 1. Hartranft, John F., 1830–1889—Diaries.╇ 2. Lincoln, Abraham, 1809–1865—Assassination—Sources.╇ 3. Generals—United States— Diaries.╇ 4. Executions and executioners—Washington (D.C.)—Diaries. 5. Assassins—United States—History—19th century—Sources.╇ 6. Imprisonment—Washington (D.C.)—History— 19th century—Sources.╇ 7. Hanging—Washington (D.C.)—History—19th century—Sources.╇ 8. Justice, Administration of—United States—History—19th century—Sources.╇ 9. Washington Arsenal (Washington, D.C.)—History—Sources.╇ I. Hartranft, John F., 1830–1889.╇ II. Steers, Edward. III. Holzer, Harold. ╇ E457.5.L73 2009 ╇ 973.7092—dc22 2008034686 The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.╇ ∞

Contents Foreword, by Allen Weinsteinâ•… ix Prefaceâ•… xi Acknowledgmentsâ•… xiii



I The Story



1 John Frederick Hartranftâ•… 3



2 The Conspirators Are Corneredâ•… 13



3 Abandon All Hopeâ•… 21



4 Inter Arma Silent Legesâ•… 33



5 Let the Stain of Innocent Blood Be Removed from the Landâ•… 48

Afterword: Hartranft’s Postwar Lifeâ•… 56

II

The Letterbook: Transcribed and Annotated

Editors’ Noteâ•… 63 Rules of the Prisonâ•… 65 The Letterbookâ•… 71 Appendix: Reproductions from the Letterbookâ•… 161

Hartranft’s Appointment and the Rules of the Prisonâ•… 162



A Typical Two-Page Spread from the Letterbookâ•… 164

Hartranft’s Response on Charges Mudd Was Given Special â•… Treatmentâ•… 166

The Execution Order from Major General Hancockâ•… 167



Hartranft’s Report of the Executionâ•… 168

Indexâ•… 171

The Lincoln Assassination Conspirators

Illustrations following page 60

Judge Advocate General Joseph Holt Assistant Judge Advocate John A. Bingham Assistant Judge Advocate Henry L. Burnett Attorney General James Speed Secretary of War Edwin M. Stanton President Andrew Johnson Major General David Hunter, president of the military tribunal Major General Winfield S. Hancock Cellblock where the Lincoln conspirators were housed The staff of Brevet Major General Hartranft The military tribunal together with the prosecuting judge advocates Engraving showing the interior of the courtroom The floor plan of the courtroom Samuel Bland Arnold George Andrew Atzerodt Samuel Alexander Mudd David Edgar Herold Michael O’Laughlen Lewis Thornton Powell, alias Paine or Payne Edman Spangler William “Willie” Storke Jett The padded hood worn by Lewis Powell Mary Elizabeth Surratt Original clemency recommendation for Mary Surratt

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Pencil sketch of Dr. Samuel Mudd Colonel Levi Axel Dodd Fort Jefferson Christian Rath, the hangman The ropes allegedly used to hang the condemned conspirators The scaffold and empty chairs Pass issued to E. I. Booreman The execution completed John Frederick Hartranft, by Antony Lamor

Foreword “Fellow-citizens, we cannot escape history,” said Abraham Lincoln in his 1862 annual message to Congress. Lincoln warned that history would remember every detail of the “fiery trial,” the American Civil War. Lincoln was right. Recollections of events, decisions, and actions of participants during that era—major and minor—continue to be collected, examined, displayed, and debated. Even as we celebrate the bicentennial of Abraham Lincoln’s birth, new stories embedded in records detailing events of the Civil War period are being discovered and rediscovered. As a case in point, although the events of the president’s assassination and the subsequent capture and hanging of the co-conspirators are familiar, less so is the experience of an important eyewitness, the man responsible for the care and, ultimately, the execution of the accused. Readers may now meet John Frederick Hartranft through his “Letterbook,” a wartime journal kept while he served as commandant of the Washington Arsenal. The Letterbook is a federal document, in some respects an ordinary daily record of a government official, and one example of the vast holdings of historical documents available through the various archival locations of the National Archives and Records Administration, whose facilities include public research rooms served by recÂ� ords experts. In these facilities and on-line, the National Archives encourages the discovery and illumination of history. Billions of documents from the birth of this nation to the recent past are available for inspection at the National Archives. Ensuring access to and preservation of historically valuable federal records is our mission. With the publication of this work, the reader’s perspective should grow to include an appreciation of John Frederick Hartranft’s personal contribution to the Civil War era. Hartranft’s life and actions, reflected in the official record of the Lincoln assassins’ incarceration, provide a unique window into a crucial moment in our nation’s history. Allen Weinstein Archivist of the United States

Preface Amidst the history fever that engulfed the country at the time of the Civil War centennial in the 1960s, a major trove of priceless original wartime recÂ� ords came unexpectedly to light—but remained little known or appreciated, except by historians, amid the din of battle reenactments and other, noisier public events. In fact, the rediscovered material spoke more powerfully than the most earnest commemorations to the horrifying end of that long, hard war: assassination, justice, and retribution. For here were the meticulously kept, hand-written records of John Frederick Hartranft—the Union general who had charge over the Lincoln assassination conspirators and sent four of them to their deaths—unexpectedly rediscovered in family hands a century later, and generously made available to the public by his descendants. The general’s grandson, Hartranft Stockham, decided to deposit the material at Gettysburg College, a school that stood near the most famous battlefield of the entire war, but one of the few major actions, ironically, in which General Hartranft had not participated. There the records remained until 1994, when they were transferred to the Pennsylvania State Archives in Harrisburg on permanent loan from the family. The State Archives, in turn, agreed that official title to the records be assigned to the U.S. National Archives and Records Administration (NARA), since the material relates wholly to official federal action. The arrangement went into effect in June 1995, and NARA has been responsible for their safekeeping ever since. The following year, the general’s great-granddaughter, Helen Shireman, and her husband, Ronald Shireman, added to this important collection by providing copies of ninety-three family and official photographs, along with Hartranft’s gubernatorial papers—comprised of election records, legislation, commissions, and revealing memoranda on the state labor unrest of the late 1870s—an archive now totaling 1.5 cubic feet on microfilm. Even at this writing, the repository is busy microfilming additional family-held papers dating to Hartranft’s military period. Today, any researcher can access and study the records of the Hartranft Affiliated Archives (RG 393) at the State Archives in Harrisburg. But to date, they have remained underutilized. And that is what has inspired this publication. The “Letterbook,” a detailed record of the months the

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general spent in Washington with responsibility for the imprisoned Lincoln assassination conspirators, first came to the attention of assassination scholars in the fall of 1983 when Mrs. Nancy Scott, curator of Special Collections at Gettysburg College, showed them to Betty Ownsbey, biographer of Lewis Thornton Powell, during a research session at the library. Believed to have been lost, the Letterbook was a major find in the field of assassination documents. Together with the rest of the Hartranft Papers, the Letterbook opens a long-shaded window onto one of the most tumultuous summers in American history. During the long, hot weeks of incarceration and trial, Americans— many frightened, most angry—looked on anxiously as Hartranft all but shut his ears to cacophonous calls for both vengeance and mercy and made certain that his notorious charges were treated properly and humanely. The National Archives’ mid-Atlantic regional administrator, V. ChapmanSmith, approached the editors of this study to suggest that the time had come to make the Hartranft Papers a part of the all-important publicly accessible records of this momentous event. This book is the result. It is our hope that these records, presented within their historical context, will shed new light on an important period of our history and also serve as a reminder—particularly in our own troubling times—that sometimes it is not the battles we win but the manner in which we mete out justice, even under the pressure of war, that defines us as individuals and as a society. The grinding workload and numbing details through which Hartranft negotiated, under intense and continuous pressure, during the weeks that followed the assassination, have been generally lost to history, overwhelmed by the grander drama of the trial and execution of the conspirators. Although consulted by scholars and cited in books, the records of his oversight at the Arsenal have never before been published in full, and never until now subjected to analysis that places his work in the context of the entire Lincoln assassination story, and its valuable lessons for the future. The legal and moral issues raised by the assassination and its aftermath— the extraordinary use of military rather than civil justice, the treatment of the accused while incarcerated, and the fine line between swift and precipitous justice—remain volatile, unsettled issues in twenty-first-century America. They continue to echo from places like Guantanamo, Abu Ghraib, and Baghdad, where history, for better or for worse, is again being made. John Frederick Hartranft established precedents well worth studying anew, and learning from again, as the nation confronts crises that continue to test the extraordinary system of justice it constructed for this and future generations.

Acknowledgments Allen Weinstein On behalf of the National Archives, I want to convey deep appreciation to Edward Steers, Jr., and Harold Holzer for their keen scholarship of Abraham Lincoln’s world. The Letterbook of John Frederick Hartranft has found its way into the light, thanks to the persistence and dedication of National Archives staff members and partners. As indicated in the Preface, V. Chapman-Smith, Regional Administrator of the National Archives’ mid-Atlantic office, her archives program staff led by Leslie Simon, and colleagues at the Pennsylvania State Archives inspired this project. Tom Mills, Assistant Archivist for the Office of Regional Records Services, provided management guidance, and Jennifer Nelson, Director of Archival Programs for NARA’s regional archives, managed the project. David Haury and his team at the Pennsylvania State Archives have been exceptional colleagues and partners in this endeavor, supporting the scholars in their research and working with the National Archives’ conservation staff, notably Linda Blaser and Anne Witty, to complete needed preservation treatment of the Letterbook. Special thanks are also due to staff at the Pennsylvania State Archives: Linda A. Reis, CORE Services Section; Harry Parker, Chief of the Division of Archives and Manuscripts; Robert Weibel, former bureau chief; and Michael Sherbon, associate archivist, for generous help in making the materials available for study and reproduction. For digital expertise, thanks go to Steve Puglia of the National Archives’ Special Media Preservation Laboratory and the staff of LASON (Quang Diep, Dee Beaver, Don Tran, and John Smiraglia), whose volunteer efforts provided the high-resolution scans of the Letterbook appearing in this book and online. Appreciation also extends to the Abraham Lincoln Foundation of the Union League of Philadelphia for providing an image of the John Hartranft portrait from the League’s extraordinary art collection. We also greatly appreciate support from the Library of Congress, whose staff contributed to the visual content of this book from the library’s Civil War photograph collection.

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Finally, we offer our deep thanks to MaryKatherine Callaway, Director, and her design staff at the Louisiana State University Press, publishing partners for this book. Their understanding of the relevance of this topic for current and future generations, and their expertise in multiple-channel publishing, have provided broad access to these exceptional federal records.

Edward Steers, Jr. I wish to thank Laurie Verge, Director, and Joan Chaconas, Research Historian, at the Surratt House Museum; Betty Ownsbey, who brought the Letterbook to the attention of assassination students after years of dormancy; and Al Gambone, the biographer of John Frederick Hartranft, for their generous help in bringing this project to fruition. I want to also thank my co-author, Harold Holzer, a good friend of many years. To work with Harold can only elevate one’s own efforts, as this work demonstrates.

Harold Holzer I am grateful above all to my old friend V. Chapman Smith, Regional Administrator of the National Archives’ mid-Atlantic branch in Philadelphia, for inspiring this project and working so tirelessly to urge it into print. Thanks, too, to Jennifer Nelson, Director of Archival Programs, and the rest of the NARA team, for their invaluable help. I am indebted, too, to the professionals at LSU Press, especially Senior Editors Catherine L. Kadair and Rand Dotson. Chief Justice Frank Williams of the Rhode Island Supreme Court provided his usual invaluable advice on military tribunals. And my executive assistant, Kraig Smith, manned the phones, e-mails, and Xerox machine with his usual patience, efficiency, and good humor. Finally, while it is always a pleasure to work with Ed Steers, it becomes a special privilege—not to mention an education—to work on a Lincoln assassination project with the country’s leading authority on the Lincoln assassination.

Iâ•… The Story

1 John Frederick Hartranft The general who guarded—and some say coddled—the Abraham Lincoln assassination conspirators, but then coolly sent them to their death on the gallows, was born on December 16, 1830, in tiny New Hanover Township, in Montgomery County, Pennsylvania. John Frederick Hartranft grew up in the rural hamlets that modern tourists now call Pennsylvania Dutch country—so named because it was, more precisely, a haven for German immigrants (the family was originally called “Herterranft”). He lived first in the village of Gilbertsville and then in nearby Boyertown, where the future Union officer’s father became an innkeeper, and later a real estate speculator.1 Ultimately the family moved on to Norristown, which today is a western suburb of Philadelphia. After some local schooling, Hartranft was sent to study at the nearby Treemount Seminary, where he earned praise for gentlemanly demeanor from its headmaster, even if he did not distinguish himself there as a scholar. Still, the serious young man went off for further education at Marshall College in Mercersberg, and then, at age twenty, transferred to Union College in Schenectady, New York. Three years later, he earned an engineering degree and returned home to Pennsylvania to begin a career as a surveyor’s apprentice with the Water Gap Railroad in Easton. It seemed, until then, a rather ordinary, quietly ambitious, small-town American life. 1. A. M. Gambone, Major-General John Frederick Hartranft: Citizen Soldier and Pennsylvania Statesman (Baltimore: Butternut and Blue, 1995), 5. Gambone’s is the one standard biography of Hartranft, and this essay owes an inestimable debt throughout to the author’s groundbreaking scholarship.

4

the story

Evidently, engineering did not much suit Hartranft—though it would undoubtedly help later, just as it would benefit many other army men during the Civil War, in sustaining his military career. Engineers—like Hartranft’s future commanding general, George B. McClellan—were much coveted by the army. With his now-prosperous father’s encouragement—and influence—“Fred” Hartranft also became a county deputy sheriff, a political appointment that was secured because of the elder Hartranft’s growing influence in the local Democratic Party. Fred, newly married, apparently liked the intersection between professional and political life, and doubtless his interest in the latter fueled his decision to study law with a local attorney (only a fraction of aspiring attorneys attended formal law schools in the mid-nineteenth century). Hartranft was officially admitted to the Pennsylvania bar on October 24, 1860. That very same day, half a continent west in Illinois, another lawyer was busy defending himself against a charge that he had contributed money to finance the recently executed abolitionist John Brown’s failed 1859 raid on Harpers Ferry, Virginia. “I never gave fifty dollars, nor one dollar, nor one cent, for the object you mention, or any such object,” wrote the lawyer with evident indignation. His name was Abraham Lincoln.2 Just two weeks later, after a roiling statewide campaign that pitted Hartranft’s Democrats against the rising Republicans in the Keystone State, Lincoln won a decisive victory in Pennsylvania and handily defeated three opponents in the national race for the presidency. Lincoln never campaigned in Pennsylvania (or anywhere else for that matter, staying close to home throughout the contest), but Hartranft probably “saw” the Republican nominee on the countless engravings and lithographs that were published to introduce him to voters that fall. Indeed, one of them, an engraving by Philadelphia printmaker Samuel Sartain, had been issued specifically for circulation in the “swing” state of Pennsylvania, to make the homely Republican nominee look handsome “whether the original would justify it or not.” Judging by the outcome on Election Day, the print could not have hurt.3 2. Roy P. Basler et al., eds., The Collected Works of Abraham Lincoln, 9 vols. (New Brunswick, N.J.: Rutgers University Press, 1953–55), 4:131. 3. John G. Nicolay to Therena Bates, August 26, 1860 (typed copy by Helen Nicolay), Lincoln Museum, Fort Wayne, Ind. The Sartain engraving, based on a miniature painting from life by John Henry Brown that, in turn, owed a debt to an Ambrotype photograph by Preston Butler, can be seen in Harold Holzer, Gabor S. Boritt, and Mark E. Neely, Jr., The Lincoln Image: Abraham Lincoln and the Popular Print (New York: Charles Scribner’s Sons, 1984), 64.

john frederick hartranft

5

Politically ambitious, and no doubt disappointed at the outcome, young Hartranft could not possibly have imagined that over four and a half years the Union would dissolve, the country (including his native state) would be engulfed by civil war, and the westerner who had won the 1860 election would be killed, with the conspirators charged in his death placed under Hartranft’s personal care. Already involved in engineering, law, and politics (he had also served from 1858 as a member of his borough council), the blue-eyed, raven-haired, nowelaborately mustachioed Hartranft had also begun pursuing a military career a full three years before the Civil War began. He became captain of his local militia and, later, lieutenant colonel in the Pennsylvania State Militia. While such peacetime training prepared Hartranft and his men for little more than drilling and parading, it made the thirty-year-old commander an obvious choice to raise a regiment once Rebel troops fired on Fort Sumter in April 1861, and President Lincoln responded with a call for 75,000 volunteers “to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government.”4 The presidential order came on April 15, 1861—four years to the day before Lincoln himself died, the victim of a pro-Confederate, pro-slavery assassin in Washington. Hartranft answered Lincoln’s call quickly. Within days of the president’s proclamation, he enlisted a regiment of six hundred 90-day volunteers. The newly anointed Fourth Pennsylvania promptly headed south to Maryland to ensure the safe passage of Northern troops marching to the defense of the nation’s capital, and also as a show of force designed to keep that crucial slave state from leaving the Union. The eager young officer soon found himself encamped at the U.S. Naval Academy in the state capital of Annapolis, part of a strong show of federal force intended to discourage firebrand Maryland legislators from convening a secession convention. Maryland became the Union’s first test of strength, and also the scene of its first exercise of possibly extraconstitutional means to protect the viability of the Constitution itself—or so the Lincoln administration argued (the Supreme Court would rebuke the policy after the war). Worried that Maryland secession would isolate Washington and doom his effort to keep all the slave-holding border states in the Union, Lincoln was determined to keep Maryland in federal hands, even if it meant arresting potentially disloyal legislators and holding them without official charges. Hartranft was squarely in the middle of the epic struggle, whether he liked it or not.

4. Collected Works of Lincoln, 4:332.

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the story

There is no small irony in the fact that Hartranft and his comrades in the Union army—while successful in preempting Maryland secession—enraged many Marylanders, with deadly effect. Some went “underground,” like the talented artist Adalbert Johann Volck, who secretly published scathing antiLincoln etchings and discreetly shared them with like-minded friends. But a more dangerous local dissident went on to rant to friends in taverns and theater dressing rooms, warning anyone who would listen that Lincoln’s despotism meant dreaded Negro equality and the end of states’ rights. That man, of course, was Marylander John Wilkes Booth.5 Immensely pleased with his early military experiences, Hartranft must have been even more excited when his regiment was transferred to Washington, then on to Alexandria, Virginia, where it briefly saw real action—the first Pennsylvania regiment to do so. But the clash was minor compared with what was awaiting the army’s still inexperienced, ill-equipped men near a little Virginia town called Manassas and a creek the locals called Bull Run. As it turned out, Hartranft’s soldiers did not share their colonel’s patriotism and eagerness for the decisive fight that most Northerners believed would end the rebellion once and for all. To Hartranft’s mortification—and to the detriment of his subsequent military career—his troops unexpectedly decided to disband and return home on the eve of the Battle of Bull Run, arguing that their ninety days’ enlistment had come to an end. Nothing that Hartranft or the commanding general of the Army of the Potomac, Irvin McDowell, said to the soldiers could change their minds. The colonel was forced to muster out his regiment and, with nowhere else to go, report to Colonel Samuel P. Heintzelman’s Third Division as an aide-de-camp. Heintzelman then assigned the frustrated colonel to the commander of the First Brigade, Colonel William B. Franklin. General James B. Fry, who was on the scene when the “demoralized” Pennsylvania regiment “insisted upon their discharge,” could not disagree with General McDowell’s complaint—somewhat exaggerated, but not by much—that Hartranft’s troops “marched to the rear to the sound of the enemy’s cannon.”6 July 21, 1861, proved to be a Union disaster, as Confederate forces unexpectedly routed the Federals and drove them back in disarray toward Wash 5. See Booth’s “To whom it may concern” letter of November 1864, in which he spoke of Lincoln’s “tyranny” and insisted that “this country was formed for the white not for the black man.” See John Rhodehamel and Louise Taper, eds., “Right or Wrong, God Judge Me”: The Writings of John Wilkes Booth (Urbana: University of Illinois Press, 1997), 124–25. 6. Robert Underwood Johnson and Clarence Clough Buell, eds., Battles and Leaders of the Civil War, 4 vols. (1887; rpr. New York: Thomas Yoseloff, Inc., 1956), 1:179.

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ington, upending picnicking civilians who had settled complacently along the field to observe what they believed would be a quick and bloodless Southern rout. Hartranft was himself praised by his superior officers for his valiant, if vain, effort to “rally the regiments which had been thrown into confusion” during the battle—valor that would ultimately earn him a retrospective Congressional Medal of Honor, albeit twenty-five years later.7 Unfortunately, although it was generally acknowledged that Hartranft was a loyal officer who had stoically sought ways to serve his country at an embarrassing moment, he emerged from the horrifying experience of Bull Run— his first exposure to “seeing the elephant” in real battle—with a reputation as the colonel who could not prevent his regiment from defecting on the eve of battle. As Secretary of War Edwin M. Stanton would icily observe of Hartranft several months later: “Why, this is the Colonel of the Fourth Pennsylvania Regiment that refused to go into service at First Bull Run.” Even journalist William Howard Russell of the London Times thought it worth reporting to the world that Hartranft’s men had “deserted the field on the day of battle,” simply because their “time was up.”8 For the next few years, indelibly marked by the scandal, Hartranft would be repeatedly passed over for promotion. With no prospects in sight after the guns at Manassas cooled, he headed home to raise a new regiment—this time comprised of three-year enlistees. At least the new 51st Pennsylvania Volunteers would suffer none of the inglorious experiences of Hartranft’s first command. In contrast, this regiment went on to see action in no fewer than nineteen subsequent battles. Hartranft was acknowledged as a strict disciplinarian, a relentless driller, and a cool commander under fire. Hartranft saw action in the assault on Roanoke Island in February 1862, the Battle of New Bern, North Carolina, later that winter, and the disastrous Second Battle of Bull Run in August. Hartranft wrote home right after that defeat—perhaps a bit defensively, with memories of First Bull Run still weighing on his mind (and reputation), that the 51st had been “victorious in every part of the engagement in which we participated” on the “old field of Bull Run.”9 But it was not enough to prevent another Union humiliation on the scene where the war was supposed to begin—and promptly end—thirteen months earlier. 7. Official Records of the War of the Rebellion, ser. I, vol. 2, pt. 2, p. 406. 8. Eugene A. Barrett, “The Civil War Services of John F. Hartranft,” Pennsylvania History, 23 (April 1865): 166–75; Belle Becker Sideman and Lillian Friedman, eds., Europe Looks at the Civil War: An Anthology (New York: Orion Press, 1960), 49–50. 9. Gambone, Hartranft, 55.

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the story

Instead, once again and more bloodily than ever, the war went on. Hartranft’s exhausted men fought again in the muddy cornfields of Chantilly, Virginia, at the summit of South Mountain, and across the hotly contested stone bridge at Antietam, where, General Jacob B. Cox recalled somewhat obliquely, Hartranft was “made to feel the necessity of success.”10 After enduring the bloodbath of the sunken road at Fredericksburg, General Edward Ferrero, a onetime West Point dance teacher whom Hartranft disliked, enthusiastically reported that “the highest praise is due Colonel Hartranft . . . for his gallant conduct and valiant service.”11 But Hartranft was battle-hardened now, and realistic about his dim prospects for advancement. Despondently, he wrote home to admit, “I think that to take Richmond now . . . is doubtful.” The war in fact was not yet halfway over.12 Hartranft’s service in the eastern theater of the war had been marked by considerable praise but no promotion, and it probably cheered him a bit to learn that his regiment would next be shipped west. The voyage, however, proved difficult, and almost immediately, Hartranft’s troops were thrown into the long, though ultimately triumphant, siege against Vicksburg that ended with the city’s capture in July 1863. The unit next occupied nearby Jackson, Mississippi, without firing a shot. In recognition of this unexpected and casualty-free success, General Ulysses S. Grant enthusiastically recommended the colonel for immediate promotion to brigadier general, and according to one story, the long-frustrated Pennsylvanian even got himself fitted out for a general’s overcoat and confidently tried it on for size in full view of several of his comrades. But the promotion never came through. Hartranft, who had battled illness for weeks, went home to Pennsylvania, still a colonel, to try to recover his health. Revived by this unexpected reunion with his family, Hartranft returned to active service in time for the Battle of Campbell’s Station, near Knoxville, Tennessee, in November 1863. Again Hartranft distinguished himself, sending part of his regiment to bravely confront Confederate forces while wisely dispatching others to guard vital Union-controlled railroad lines. “Hartranft steadfastly held his ground,” Brigadier-General Orlando Poe remembered. “All who saw it say that the troops moved with the greatest coolness, deliberation, and precision under heavy and continuous fire.”13

10. Battles and Leaders of the Civil War, 2:652. 11. Official Records, ser. I, vol. 21, pt. 2, p. 326. 12. Gambone, Hartranft, 72. 13. Battles and Leaders of the Civil War, 3:733.

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Only a few days later, back in Hartranft’s home state of Pennsylvania, President Lincoln rose to speak at the new soldiers’ cemetery, where casualties of the summertime Battle of Gettysburg had been laid to rest. On the rare occasions when the president spoke publicly during the war, his words were invariably reproduced quickly in the newspapers. There is no evidence that the Gettysburg Address made it into print in the western journals that Hartranft might have seen before his most notable military success to date at Knoxville. But surely he came soon enough to know that the war had been rededicated to a “new birth of freedom” that encompassed not only the preservation of the Union, but the new goal of ending slavery under the terms of Lincoln’s recently promulgated Emancipation Proclamation. Still, even if the war had taken a new direction, Hartranft remained mired in the past: buoyed by new praise from his commanders, but still, vexingly, without the rank that he coveted and felt he deserved. Ever the politician, the lifelong Democrat could foresee, at the dawn of the 1864 presidential election year, a struggle that would transform politics-asusual. General George B. McClellan, onetime commander of the Army of the Potomac under which Hartranft had served earlier in the war, was nominated by the Democrats to oppose Lincoln under a peace platform. Hartranft was ready to change political allegiances. “I would rather see the flag burned, and its ashes scattered to the winds,” Hartranft told a hometown crowd during his regiment’s holiday-season furlough, “than it should be disgraced by a dishonorable peace.”14 Evidently, however, Hartranft did not immediately embrace all of Lincoln’s ambitious war goals. Back on duty in Annapolis, the colonel found himself charged with discrimination when he allegedly commandeered a supply of tents requisitioned for black troops and reassigned them to white soldiers. The incident should have set Hartranft’s career back even further, but racism was hardly as serious an offense as losing control of a regiment under fire, and now, of all times, his long-awaited promotion finally came through when General Ambrose E. Burnside, his old commander at Fredericksburg, persuaded the War Department to elevate Hartranft to the rank of brigadier general. The promotion was made official on May 1, 1864, one year to the day before his appointment as military governor of the Washington Arsenal prison. Throughout the ensuing spring and summer, Hartranft’s new First Brigade of the Third Division saw furious action in Virginia: at the Wilderness, Spot

14. Gambone, Hartranft, 94.

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sylvania, Cold Harbor, Petersburg, and the Crater—names associated in history with the hardest kind of relentless warfare. Grant vowed publicly to fight it out along the Union line “if it takes all summer,” to which an enthusiastic Lincoln urged in turn: “Hold on with a bull-dog gripe [sic] and chew & choke, as much as possible.”15 But it fell to brigade commanders like John Frederick Hartranft, not to mention the men serving under them, to deliver on Grant’s gutsy promise. They did so at enormous cost in human life. Slowly, relentlessly, agonizingly, a war that had once ebbed and flowed at gargantuan hit-or-miss battles now settled into continuous fighting across wide and varied terrain, as Grant settled in, in “bulldog” style, to erode sagging Confederate strength. “I am thankful to HIM who orders our destinies, that I am safe,” Hartranft wrote to his wife after the Union setback at the Crater, a badly botched attempt to tunnel under a Confederate salient outside Petersburg and detonate a bomb to destroy it. In the ensuing chaos, black troops were massacred inside the Crater as Hartranft looked on helplessly. In all, the Union lost nearly four thousand men—and more. “We lost the best opportunity of a Grand Victory . . . I have ever seen,” Hartranft admitted. But at least he had done his duty “to the best of my understanding.”16 By year’s end, with Lincoln safely reelected to a second term and the country newly committed to winning the war and abolishing slavery completely by constitutional amendment, Hartranft was reassigned to command a new Third Division of the Ninth Corps. His finest hour in the field came in late March 1865, just three weeks after Lincoln inspiringly pledged at his second inauguration to pursue “this terrible war . . . until every drop of blood drawn with the lash, shall be paid by another drawn with the sword.”17 On March 25, forces under Hartranft’s command captured Fort Stedman, Virginia, taking some 1,600 Confederate prisoners while losing only 258 of their own men. As Hartranft recalled of the early action before dawn that day: “Every officer and man stood up nobly, and . . . struggled desperately to hold their own in the face of supporting batteries within a hundred yards and superior forces pressing on all sides.” But the Confederate offensive seemed to be succeeding, until Hartranft’s men counterattacked shortly after 7 p.m., unleashing a deadly blizzard of cannon and musket fire against the Rebel positions. That evening 15. Ulysses S. Grant to Edwin M. Stanton, May 11, 1864, in John Y. Simon, ed., The Papers of Ulysses S. Grant, 26 vols. (Carbondale, Ill.: Southern Illinois University Press, 1962–2003), 10:422; Lincoln to Grant, August 17, 1864, Collected Works of Lincoln, 7:499. 16. Gambone, Hartranft, 112. 17. Collected Works of Lincoln, 8:333.

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the fort finally fell, and as Hartranft almost matter-of-factly described the decisive moments some years later: At 7:30 o’clock the long line of the 211th lifted itself with cadenced step over the brow of the hill and swept down in magnificent style toward Fort Stedman. The success of the maneuver was immediate and complete. The enemy, apparently taken by surprise and magnifying the mass pouring down the hill into the sweep of a whole brigade, began to waver, and the rest of the Third Division, responding to the signals, rose with loud cheers and sprang forward to the charge. So sudden and impetuous was the advance that many of the enemy’s skirmishers and infantry in front of the works, throwing down their arms and rushing in to get out of the fire between the lines, looked in the distance like a counter-charge, and the rest were forced back into the works in such masses that the victors were scarcely able to deploy among the crowds of their prisoners.18

The fort safely in Union hands, Hartranft was promptly breveted to the rank of major general, although the honor was somewhat soured when he learned that the first newspaper reports of the battle credited his triumph to another German-American general with a similar name: George L. Hartsuff. Still, Hartranft was now entitled to send to his men the kind of formal public message of thanks and congratulations he had become accustomed to receiving from his own superiors: “You have won a name and reputation of which veterans might feel proud.”19 So could Hartranft. Back home, his local Norristown bank acknowledged his triumph by printing up greenbacks decorated with his portrait, a sure sign of growing fame. In Virginia, Hartranft’s victory had even more important consequences. The attack to which the general had responded turned out to be the final Confederate offensive thrust of the entire war. Hartranft’s victory all but ended General Robert E. Lee’s ability to fight. Just a few weeks after the fall of Fort Stedman, Lee surrendered to Grant at nearby Appomattox Court House. Hartranft’s military experience had encompassed the entire war, through both defeat and victory. His men had turned their backs on the enemy at the very first battle of the rebellion, but charged against it heroically at what proved to be the very last. Now, for hundreds of thousands of survivors, the war was finally over. But in a sense, it was only now beginning for John Frederick 18. John F. Hartranft, “The Recapture of Fort Stedman,” Battles and Leaders of the Civil War, 4:588–89. 19. Gambone, Hartranft, 147.

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Hartranft. His greatest test was yet to come, not on the battlefield, but in the Washington prison where he was to perform the most difficult service of his career; not against the enemy who fought hand-to-hand combat against the Union, but against the civilians who had killed the commander-in-chief while the nation celebrated the return of peace. Two weeks after Abraham Lincoln’s April 14 assassination—on May 1, 1865, to be precise—the nation’s new president, Andrew Johnson, appointed John Frederick Hartranft to the post of special provost marshal general for Washington, D.C. His specific assignment was the most important of his professional life: to command the military prison at the Washington Arsenal, which had just incarcerated the seven men and one woman who would be charged with complicity in Lincoln’s assassination. Hartranft was ordered to report to the special military commission for “the execution of its mandates.” 20 The transfer of the accused to the federal penitentiary had occurred on April 29, two days before Hartranft’s official appointment as their jailer. From that day through the execution of four of John Wilkes Booth’s onetime gang of kidnappers-turned-assassination accomplices, the Pennsylvaniaborn general held responsibility for the most notorious prisoners in American history. On the following pages, his careful, almost meticulous supervision is recounted—often in the very words he wrote in messages and reports that have been preserved in letterbooks residing in the Pennsylvania State Archives. Living through history—and making significant history of his own—Hartranft was now to face his greatest challenge, and earn his greatest distinction. 20. Benn Pitman, The Assassination of President Lincoln and the Trial of the Conspirators . . . (New York: Moore, Wilstach and Boldwin, 1865), 17.

2 The Conspirators Are Cornered On April 26, 1865, just twelve days after Lincoln’s murder, a troop of Union cavalrymen cornered his assassin, John Wilkes Booth, and Booth’s cohort, Davy Herold, at the farm of a Virginia planter. Following a bravado resistance, Booth was killed and Herold taken into custody. While Booth’s death brought an end to the manhunt for Lincoln’s killer, it did not end the nation’s intense grieving. It marked only the end of the first phase of an emotional period that had begun in jubilation three weeks earlier when Robert E. Lee surrendered his tattered Army of Northern Virginia to Ulysses Grant at Appomattox Court House, effectively ending the long Civil War. But along with sadness came a thirst for vengeance. Northerners wanted their president’s murderers swiftly captured and severely punished. America’s greatest criminal manhunt lasted less than two weeks, during which time hundreds of people were swept up in the government’s dragnet and thrown into prison, including those unlucky enough to be needed as witnesses in support of the government’s case against the conspirators. In some instances it was difficult to tell the accused from the witnesses from the conditions under which both were incarcerated pending trial.1 As the president’s body was being slowly transported across the country toward its final resting place in Lincoln’s hometown of Springfield, Illinois, the government prepared to prove to the world that John Wilkes Booth was the tool of a larger conspiracy whose perpetrators were the leaders of the Confed 1. The government held certain witnesses in Old Capitol Prison as a matter of course to ensure their availability when needed to testify. If these witnesses were not held, there was no guarantee that they would appear when called by the prosecution.

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eracy. The government would claim that while Booth may have held the small derringer that ended the life of Abraham Lincoln, there were many fingers on the trigger, not the least of whose were those of Jefferson Davis himself, the president of the Confederate States of America. But Davis and his lieutenants were still at large, their whereabouts unknown. Two weeks after Booth’s death, Davis would be captured near Irwinsville, Georgia, still believing there was hope for his Confederacy. The first of the conspirators to fall into government hands was Edman Spangler, a simple man whose principal sin was knowing Booth and his father, the renowned actor Junius Brutus Booth. Spangler had worked as a carpenter at the elder Booth’s home in Harford County, Maryland, some fifteen years earlier. At the time of Lincoln’s murder, Spangler worked for the Ford brothers in their Washington Theatre, the site of the assassination, as a “scene shifter” and carpenter. John Ford had found him to be a reliable employee who performed various tasks around the playhouse. The descriptions of the accused that appeared in the local newspapers reflected the prejudice of the times, but they satisfied the public’s desire to learn everything it could about the alleged killers of the president. Spangler was said to have an “unintelligent-looking face . . . swollen by the excessive use of alcohol, a low forehead, brown hair, and anxious-looking eyes.”2 Spangler’s past acquaintance with Booth and his position at Ford’s Theatre made him a prime suspect. Perhaps the willingness of other employees to point a finger at the hapless Spangler reflected a desire to turn suspicion away from themselves; in any case, Ford’s other employees were not suspects. Several of those present at the theater on the night of the assassination swore that Spangler was standing by the rear stage door when Booth came rushing past to escape the theater after shooting Lincoln. As Booth fled through the open door, it quickly slammed shut behind him. The government became convinced that Spangler had deliberately stationed himself at the stage door to aide Booth’s escape. Whether he had done so unwittingly or according to plan made no difference. Helping Booth in any way was sufficient cause for arrest. Spangler was arrested on Monday morning, April 17. Under questioning, he told his interrogators that he knew John Wilkes Booth and that Booth had indeed asked him to hold the reins of his horse while Booth entered the the 2. Ben. Perley Poore, ed., The Conspiracy Trial for the Murder of the President, and the Attempt to Overthrow the Government by the Assassination of Its Principal Officers, 3 vols (1865; rpr. New York: Arno Press, 1972), 1:12.

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ater on the night of the assassination. But Spangler obliged Booth only temporarily, soon turning the job over to “Peanut John” Burroughs, a young boy who helped out around the theater. He took his nickname from the bags of peanuts he sold to theatergoers. Spangler’s primary responsibility was shifting the scenes between acts; thus he insisted he could not leave his post for long to watch Booth’s horse. Spangler told the detectives that soon after he began working at Ford’s Theatre, Booth hired him to convert a shed located on the alleyway behind the theater into a stable. Booth told Spangler that he needed it to house two of his horses whenever he was in town. Spangler had agreed to serve as Booth’s stableman and care for his horses, tying the knot between the two men ever tighter. Another witness, Jacob Ritterspaugh, likewise a Ford’s Theatre carpenter, claimed that on the night of the assassination, Spangler struck him across the face, admonishing him not to say which way Booth went—“for God’s sake, shut up” were the words Ritterspaugh recalled Spangler using.3 First taken into custody on Saturday, Spangler was kept overnight and released Sunday morning. He returned to the boardinghouse at Seventh and G streets where he took his meals, and he was arrested there Monday evening, April 17, while eating supper. Spangler was temporarily held at Old Capitol Prison before being transferred to the monitor USS Montauk anchored in the Potomac River near the Washington navy yard. From the Montauk, Spangler was transferred to the penitentiary cellblock on the grounds of the Washington Arsenal, which was located on Greenleaf Point in southeast Washington. On the same day as Spangler’s arrest, Samuel Arnold and Michael O’Laughlen, two of Booth’s childhood friends, were taken into custody in Baltimore. Arnold was arrested at Fortress Monroe, where he was working as a clerk in the store of John W. Wharton. O’Laughlen turned himself in when he learned that detectives were looking for him in conjunction with Lincoln’s death. He did not want to be arrested at home in front of his mother. Monday night, April 17, proved equally fateful for two of Booth’s other confidants, Mary Surratt and Lewis Powell. Detectives had visited Mary Surratt’s boardinghouse on H Street just three and a half hours after the shooting in Ford’s Theatre. The name of John Surratt had been mentioned in connection with that of Booth only a few hours into the investigation, and detectives decided to pay a visit to the Surratt boardinghouse. James A. McDevitt, one of

3. Ibid., 2:460.

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the detectives questioning the actors at Ford’s Theatre for any leads, said that he received a tip “to keep an eye on Mrs. Surratt’s house on H Street.”4 McDevitt and his colleagues searched the house thoroughly, looking for any sign of John Surratt or Booth. Finding neither man, the detectives returned to their headquarters, leaving the occupants of the house in a state of high anxiety. On Monday evening around eleven o’clock, a second team of detectives, headed by Major H. W. Smith, returned to the Surratt house. Colonel Henry H. Wells, provost marshal for the defenses south of the Potomac, had received several snippets of information from different sources that all had a common connector—the 541 H Street boardinghouse. He ordered his detectives to search the premises thoroughly and then arrest the occupants, whether they were suspects or not. The innocent would be sorted out later. Smith bluntly informed Mary Surratt that they had come to arrest her and “all in your house, and take you for examination to General Augur’s head-quarters.”5 While Smith waited for the ladies to gather their belongings, one of the more fortuitous events for the government occurred. A “peculiar knock” was heard at the front door. It was too late at night for guests to be dropping by, raising the detectives’ suspicions. On opening the door, an officer found himself face to face with a tall man, a pickax on his shoulder. Startled by the uniformed men standing in the hallway, the stranger told the detective that he had the wrong house. When asked whose house he sought, the man answered, “I came to see Mrs. Surratt.” The detective replied that he had the right house, and when asked what his business with Mrs. Surratt was, the man astutely said that she had hired him to dig a drain alongside her house. He wanted to find out precisely where, so he could begin the next morning without disturbing her guests. The man was Lewis Thornton Powell (alias Lewis Paine or Payne). Told he was at the right address, he was ordered to step inside. Powell had fled William H. Seward’s house on Friday evening after savagely attacking the secretary of state and several members of his family. Powell had been given the task of assassinating Seward, while George Atzerodt, another of Booth’s conspirators, was assigned the job of killing Vice President Andrew Johnson. Powell came the closest, nearly killing Seward and his son, Frederick. Atzerodt lost his courage at the last minute and fled the scene. 4. “Tragic Memories,” Washington Evening Star, 14 April 1894; the article also appeared in the Indianapolis News, 14 April 1894. McDevitt states that he thought he received the tip from the actor John McCullough, but McCullough has since been shown to have been in Canada at the time. Who gave McDevitt the tip remains unknown at present. 5. Testimony of H. W. Smith in Poore, The Conspiracy Trial, 2:14.

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Now, three days later, Powell, apparently tired of hiding out and hungry, found his way to Mary Surratt’s house, where he had been a boarder several weeks earlier. The Baltimore Clipper for Thursday, April 20, described Powell’s arrest: The Secretary’s [William Seward] negro doorkeeper was sent for without the knowledge of what was wanted, came into the room and was seated, the gas having been turned down previously. After he was seated the gas was turned on brightly, and without a word being spoken, the poor boy started as if he had been shot, and the pseudo laborer started also and turned deadly pale. The recognition was instantaneous and mutual. On being asked why he seemed so affected, the negro immediately answered: “Why at’s the man wot cut Massa Seward,” and moving for a moment uneasily and with his eyes intently fixed on the prisoner he continued: “I does’t want to stay here no how.”6

At the time Powell was ordered into the parlor of Mary Surratt’s house, she was asked if she recognized the man. She seemed alarmed on seeing Powell and, raising her arm in the air, declared, “Before God, sir, I do not know this man, and I have not seen him before, and I did not hire him to come and dig a gutter for me.”7 Her denial bode poorly for Powell and for herself. The fact that Lewis Powell sought out Mary Surratt’s house, of all the places in the District, suggested that he knew she would offer him safe haven. The authorities further suspected she was trying to cover up something more serious. Mary would also deny knowing Davy Herold, although he too had visited her house on more than one occasion. To deny knowing Powell only added more water to Mary’s sinking ship. George Atzerodt was the next suspect to fall into the government’s hands. Atzerodt was arrested at the Richter farm in Montgomery County, Maryland, some twenty-five miles northwest of Washington, D.C. Atzerodt had been recruited into Booth’s capture plan by John Surratt and Thomas Harbin, two Confederate agents who had been introduced to Booth by Dr. Samuel Mudd in December 1864. For four years, Atzerodt had ferried men and materiel across the Potomac River in support of the Confederacy. Atzerodt proved to be a good boatman. In the years that he plied the Potomac’s waters he was never arrested. Atzerodt’s intended victim, Andrew Johnson, vice president for only fortyone days, was living at the Kirkwood House at Twelfth Street and Pennsylvania Avenue. Atzerodt got as far as the hotel bar on the night of April 14,

6. Baltimore Clipper, April 20, 1865, p. 1, col. 5. 7. Testimony of H. W. Smith in Poore, The Conspiracy Trial, 2:15.

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but lost his courage and fled. He roamed around the city for several hours before checking in at the Kimmel House hotel on C Street near Sixth Street, at 2:00 a.m., where he soon fell asleep. Awaking around 6:00 a.m., Atzerodt left the hotel and walked to Georgetown in the District of Columbia, where he pawned his revolver. He eventually made his way to the old homestead where he had lived as a boy.8 Atzerodt’s arrest occurred during the early morning hours of Thursday, April 20. A neighbor had tipped off a local farmer named James W. Purdom that Atzerodt had been overheard speaking about the assassination as if he knew its intimate details. Purdom worked as an undercover informant, passing information along to Union troops stationed at Monocacy Junction, not far from Germantown. When Purdom dutifully sent his information about Atzerodt up the chain of command, it reached Captain Solomon Townsend of the First Delaware Cavalry, stationed at Monocacy Junction. Townsend ordered a party of six cavalrymen, under the command of Sergeant Zachariah W. Gemmill, to go to Purdom’s house and then have Purdom lead the troopers to Richter’s farm. The troopers arrived at the farm before dawn and, finding Atzerodt asleep in bed, arrested him along with Hartman Richter and two farmhands, James and Somerset Leaman.9 Atzerodt was taken to Monocacy Junction and then to Washington, where he was placed in the hold of the USS Saugus, a monitor anchored at the federal navy yard. The government’s dragnet was reeling in Booth’s cohorts. Only Booth, Herold, and Mudd were still at large. Mudd would be the next one snared. On Monday, April 24, Dr. Samuel Mudd was taken into custody at his home in southern Maryland. Mudd presented an interesting case, and a much disputed one, even to this day. Of the eight conspirators charged with Lincoln’s murder, Mudd was the only one to go to the military voluntarily with information. Actually, Mudd did not deliver his information in person; he sent his cousin, George Mudd, in his stead. The day after Booth and Herold stayed at 8. In 1844, Henry Atzerodt, George’s father, came to America and with his brother-in-law, Johann Richter, purchased the farm in Germantown, Montgomery County, Maryland. In the 1850s Henry Atzerodt sold his interest in the farm to Richter and moved his family to Westmoreland County, Virginia. The farm fell to Johann Richter’s son, Hartman Richter, and George Atzerodt visited Hartman Richter on many occasions before the assassination. 9. Affidavit of James W. Purdom, July 14, 1865, National Archives and Records Administration (hereafter NARA), M-619, reel 455, frame 0857; letter from Captain Solomon Townsend to Brigadier General Erastus B. Tyler, May 10, 1865, NARA, M-619, reel 455, frames 0565–66; statement of Sergeant Zachariah W. Gemmill, NARA, M-599, reel 2, frames 1014–19.

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the Mudd farm, the doctor asked his cousin to visit the soldiers in Bryantown, located five miles south of the farm, and tell them about the two men that had been at his house. On learning that two men had crossed over the navy yard bridge shortly after the president was shot, Major General C. C. Augur, in command of the defenses of Washington, had sent Lieutenant David Dana and a troop from the 13th New York Cavalry into southern Maryland with orders to arrest anyone who appeared suspicious. Dana had set up headquarters at the Bryantown Tavern. So it was to Lieutenant Dana that George Mudd went on Monday, April 17, to tell about the two visitors to his cousin’s house. Dana delayed visiting Dr. Mudd and did not send any of his soldiers to bring Mudd to Bryantown for questioning. Instead, he waited for Lieutenant Alexander Lovett to arrive from Washington. Lovett, a member of the Veteran Reserve Corps, had been ordered to go to Charles County along with several military detectives and search the area for suspicious characters thought to have information about Booth and his cohorts. Arriving in Bryantown around noon on Tuesday, April 18, Lovett checked in with Lieutenant Dana. When Dana told him Mudd’s story, Lovett and three military detectives, accompanied by George Mudd, rode to Dr. Mudd’s house to question the doctor and his wife. When Lovett finished questioning Mudd, he had a feeling something was not quite right. After listening to Mudd’s account of the two visiting strangers, Lovett concluded that the injured man was Booth. He decided to carry the information directly to his superior officer and rode back to Washington on Thursday, April 20, where he reported to Colonel Henry H. Wells, provost marshal for the defenses south of the Potomac. Wells went to Secretary of War Edwin M. Stanton and informed him that Booth had been seen in the Bryantown area and that his leg was broken. Stanton ordered Wells to go to Bryantown and follow up on the information that he had received from Lovett. In the meantime, Lovett was sent back to Bryantown to pick up the hunt. Not satisfied with Mudd’s answers during their first meeting, Lovett questioned the doctor a second time on Friday morning. During his second interview, Mudd repeated much of the same information that he had given Lovett on Tuesday. Lovett’s suspicions were again aroused. He told Mrs. Mudd that his men would have to search her house, whereupon Dr. Mudd suddenly recalled an important piece of evidence: the boot that he had removed from his injured visitor’s foot. Mudd explained that it had been accidentally shoved under the bed and was only later discovered while the room was being cleaned.

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On examining the boot, Lovett noticed an inscription on the inside upper margin that read “J. Wilkes.”10 When he showed Mudd the inscription, the doctor insisted that he had not noticed it before. Dissatisfied with Dr. Mudd’s evasiveness and highly nervous demeanor, Lovett took him into Bryantown for further questioning by Colonel Wells. Wells questioned the doctor extensively before allowing him to return home, stipulating that he return to Bryantown the next morning (Saturday). When Mudd returned to Bryantown as ordered, Wells presented him with a statement he had drafted from Mudd’s answers the day before. He asked Dr. Mudd to read it over and, if he agreed with it, to sign and date it.11 Wells, like Lovett, had become suspicious of Mudd and thought he lied about not recognizing his visitor as Booth. On Monday, April 24, Wells, now convinced that Dr. Mudd was connected to Booth and his conspiracy, ordered Lovett to return to Mudd’s house and arrest him. Lovett took Mudd to Washington, where he was placed in the Carroll Annex of the Old Capitol Prison. Mudd was then transferred to the arsenal penitentiary, where the other prisoners suspected of Lincoln’s murder would join him. Two days later, on April 26, Booth and Herold were finally cornered at the Garrett farm. Booth was killed and Herold captured. At last the government was satisfied that it had accounted for the key perpetrators in Lincoln’s assassination and was ready to avenge his murder. Preparations were made to transfer the eight accused prisoners to the old federal penitentiary within the Washington Arsenal. Here the prisoners would be held and their trial would take place, in a makeshift courtroom set up exclusively for that purpose. John F. Hartranft was about to enter their lives. 10. Contrary to what some authors have written, the name “Booth” was not part of the inscription, nor was the word Booth scratched out. The entire inscription simply read “J. Wilkes.” 11. Statement of Dr. S. A. Mudd, NARA, M-599, reel 5, frames 0212–0225. The signature on the original document (Saml. A. Mudd) was clearly the same as the signatures on a half-dozen other documents of known provenance signed by Dr. Mudd.

3 Abandon All Hope On May 1, President Andrew Johnson issued an executive order directing that the persons charged with Lincoln’s murder stand trial before a specially convened military tribunal. In this same executive order, Johnson appointed John Frederick Hartranft as special provost marshal and military governor of the military prison at the Washington Arsenal. In fact, Hartranft had received his orders two days earlier, on April 29, and had already assumed his position at the prison. It became Hartranft’s responsibility to see to the defense of the arsenal and to supervise every aspect of the prisoners’ daily lives, from making sure they were fed and clean to ensuring that no one communicated with them except on the written orders of Secretary of War Stanton. It would prove to be the most unpleasant episode in his long military career. Hartranft was the prototypical military officer, a strict adherent to protocol. At the time of his appointment, he was assigned two aides-de-camp, Captain R. A. Watts of the 17th Michigan Volunteers and Second Lieutenant D. H. Geissinger of the 205th Pennsylvania Volunteers. The following day, three “assistants” were added to his staff: Colonel Levi Axel Dodd of the 211th Pennsylvania Volunteers, Lieutenant Colonel William H. H. McCall of the 200th Pennsylvania Volunteers (see page 75 herein), and Lieutenant Colonel George W. Frederick of the 209th Pennsylvania Volunteers. Hartranft clearly wanted a full contingent for his new assignment. As distasteful as this special duty proved to Hartranft, he probably took some satisfaction in the fact that Secretary of War Stanton wanted it performed by only the best and most reliable officers. Hartranft and Major General Win-

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field Scott Hancock, commander of the Middle Military District (which included Washington, D.C.), were Stanton’s only choices for their respective posts. Hartranft reported directly to Hancock, a combat veteran recognized by his peers as an outstanding field commander. He eventually rose to command the II Corps of the Army of the Potomac and earned the admiration of the men in the ranks as well as his superior officers. To these men he was known as “Hancock the Superb.” In 1880 he would become the Democratic Party’s candidate for president, fated to lose narrowly to James A. Garfield. Now responsible for the defense of the arsenal and its prisoners, Hartranft ordered a detail consisting of ten enlisted men and a sergeant to station themselves along 4 ½ Street from the arsenal to Pennsylvania Avenue, a distance of nearly ten city blocks. Their instructions were to “maintain perfect order along the street, being attentive and vigilant.” These soldiers were replaced at regular intervals, as were the troops stationed inside the arsenal. Early on the morning of April 29, Hartranft received into his custody six of the eight conspirators who were being held on board the monitors Saugus and Montauk. Mary Surratt and Samuel Mudd were not among them. Still held in the Old Capitol Prison, Mrs. Surratt would join the others on the evening of April 30. Mudd and Willie Jett would be transferred from the Old Capitol Prison to the penitentiary on May 4. (Jett was one of the three Confederate soldiers who accompanied Booth and Herold across the Rappahannock River at Port Royal, Virginia, on April 24. Jett had then found lodging for Booth and Herold at the farm of Richard Garrett, approximately five miles south of the river. Jett was arrested in Bowling Green, Virginia, shortly after midnight on Wednesday, April 26, and guided a troop of cavalry to the farm, where Booth was killed and Herold arrested.) On the days that followed, the nation waited breathlessly for any news of the accused, including plans for their trial. Reporters worked tirelessly, interviewing eyewitnesses to the crime and detailing the government’s effort to track down Lincoln’s killers. But the news of the day was dominated by accounts of Lincoln’s funeral train as it slowly made its way west to Illinois. On May 4, the last of eleven official funeral services took place at Oak Ridge Cemetery in Lincoln’s hometown of Springfield. The next day, the press turned its full attention to those responsible for the nation’s grief. Paranoia reigned among government officials during the days leading up to the conspiracy trial. In his report dated May 1, Hartranft wrote: “I have the honor to report that I took charge of eight Prisoners in the cells of this prison, about [blank] o’clock on the 29th of April. I immediately swept out the

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cells and removed all nails from the walls and searched the persons of the prisoners, and took the articles mentioned and marked ‘A,’ from their persons which I enclose” (72; see Part II for full text). Removing the nails from the cell walls was presumably a precaution against the prisoners’ using them to injure themselves or one of their guards. In like manner, eating utensils were denied the prisoners at meal times. Their meals were such that fingers would suffice. Each prisoner was searched on arrival, and all personal items were taken and labeled by Hartranft. Hartranft went on to describe the routine that was followed for most of the time the prisoners were in his custody: three simple meals a day, usually the same fare; an inspection of the prisoners and their cells by Hartranft, usually twice daily; and, under orders from Stanton, physical examinations once daily by an army physician. Here is how Hartranft describes the mealtime ritual: “At 8 o’clock, a.m. breakfast was given to the prisoners in my presence and under my personal supervision, which consisted of coffee, soft bread and salt meat. After they had finished breakfast, the bowl containing the coffee was removed—No other article was taken into the cell. The same system has been observed at each subsequent meal” (72). The prisoners were assigned to cells, each with its special number, with a vacant cell left between prisoners to prevent communication. While in the beginning of their imprisonment the accused were referred to only by cell number, they appeared by name in Hartranft’s later entries. The physical examinations are further evidence of increasingly humane treatment. On April 30, Stanton ordered twenty-seven-year-old army surgeon Dr. George Loring Porter to report to Hartranft. Porter was already stationed at the arsenal, where he and his wife had been living for the past year. His new duties would include the daily medical inspection of the prisoners. Although Porter could answer medical or health questions from the prisoners, he was instructed not to answer any questions that were not directly related to their medical examinations.1 On the night Booth’s body was brought to the arsenal by General Lafayette C. Baker, Porter was one of two officers who witnessed his temporary burial in a warehouse section in the old penitentiary building. No mention was made by Hartranft of the most controversial aspect of the prisoners’ confinement: all except Mary Surratt and Samuel Mudd were required to wear special hoods designed to isolate them from their surroundings. The prisoners were made to wear these hoods at all times except when

1. Mary W. Porter, The Surgeon in Charge (Concord, N.H.: Rumford Press, 1948), 8–9.

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eating and, later, when in court. The prisoners’ wrists and ankles were shackled, and two of them, Lewis Powell and George Atzerodt, wore a leg chain with a large iron ball attached. The hoods and iron balls would eventually be removed. Perhaps to shield civilians attending the trial from having to pass through the cellblock where the prisoners were being held, Hancock notified Hartranft that he wanted a special staircase built from the second floor of the prison to the makeshift courtroom. The cellblock used to house the conspirators had originally served to hold only sixty-four female prisoners. The cells were larger than those in the men’s cellblock.2 At 7:00 p.m. that first night, Lafayette Baker, head of the National Detective Police (the War Department’s version of a secret service), brought in Mary Surratt and turned her over to Hartranft. As he had done with the other prisoners, Hartranft searched her and took several items from her, carefully marking them “B.” Four days later, Samuel Mudd and Willie Jett3 arrived at the prison and were also placed under Hartranft’s control: “I have the honor to report that at 10:30 A.M. May 4th I received from Colonel Baker, Dr. Samuel A. Mudd, and Capt. Willie Jett in accordance with Orders of Sec. of War & your instructions. They were both searched and their effects taken charge of by me, inventories of which are herewith enclosed. Dr. Mudd was placed in Cell No. 176 and Capt. Jett in No. 211 in accordance with your instructions” (78). Everything went smoothly at first. One of the problems Hartranft faced early on was Mary Surratt’s refusal to eat. Her fast was apparently not inspired by protest but was simply due to a lack of appetite brought on by her imprisonment and anticipated trial. Her fear was paralyzing, and her surroundings only magnified her fear. Hartranft kept close track of the situation in his Letterbook: “The prisoner in 157 [Surratt] again refused to eat, saying she had no appetite. She drank a very little tea” (78). Eventually, she came around and began to take food. Both the penitentiary, where the prisoners were held, and the military tribunal courtroom, where they would be tried, were located on the grounds of the Washington Arsenal. In 1791, Pierre L’Enfant, the designer of the Federal City, had designated a section of local land known as Greenleaf Point as 2. Michael W. Kauffman, “Fort Lesley McNair and the Lincoln Conspirators,” Lincoln Herald 80, no. 4 (Winter 1978): 176–88. 3. Jett was a private, not a captain as Hartranft states below. He served in Mosby’s Rangers at the end of the war.

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a military base. The site was ideally situated at the southernmost tip of the city. Bounded by the Potomac River to the west and the Eastern Branch of the Potomac to the east, it was surrounded on three sides by water. The site was developed by the army as an arsenal in 1803. In 1831, a federal penitentiary was built there, boasting of 160 cells in a building 120 feet long and 50 feet wide. The cells, each measuring 7 feet by 3 ½ feet with 7-foot ceilings, were arranged in four tiers. The upper tier was originally intended for female prisoners, but a separate addition was eventually constructed next to the central cellblock, providing cells for female prisoners.4 It was in this addition that the Lincoln conspirators were held during their trial. As Hancock had instructed, a door was cut into an adjoining room that had once served as the deputy warden’s quarters, an arrangement that allowed the prisoners to be moved from their cells directly into the courtroom without exposing them to onlookers. At its peak, the prison complex was 300 feet long and 50 feet wide, boasting cells for 220 prisoners. It was widely considered one of the best facilities in the country. No less vigilant observer than Dorothea Dix, one of the era’s most outspoken prison reformers, gave her approval to the facility, even donating money to the prison library. With the coming of the Civil War in 1861, however, the demands of the arsenal far outweighed the need for a federal penitentiary, and President Lincoln ordered that the building be turned over to the War Department. Its prisoners were transferred to the federal penitentiary in Albany, New York. The old arsenal became a favorite of Lincoln’s, and during the war he visited it often to observe the testing of new weapons. Less than a month before his death, on March 23, 1865, Lincoln set out from the arsenal docks aboard the River Queen to visit General Grant at City Point, Virginia. He returned to the arsenal aboard the riverboat on April 9.5 It would be his last trip outside of Washington. On the evening of May 1, George Atzerodt was granted permission to speak with James McPhail, the provost marshal in Baltimore. Atzerodt had asked Hartranft for the opportunity to see McPhail on several previous occasions and was finally granted permission. The accused conspirator knew of McPhail through his brother, John Atzerodt, and his brother-in-law, John L. Smith, both of whom served as detectives on McPhail’s staff. It was Atzerodt’s brother, ironically, who had facilitated George Atzerodt’s arrest. He had told 4. Kauffman, “Fort Lesley McNair,” 176–77. 5. Earl Schenck Miers, ed., Lincoln Day by Day: A Chronology, 1809–1865, 3 vols. (Washington, D.C.: Lincoln Centennial Commission, 1960), 3:327.

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McPhail that George sometimes stayed at their old homestead in Germantown, Maryland. Atzerodt was taken into custody there on April 24. Now in the worst trouble of his life, George wanted to speak to McPhail. He probably hoped the marshal could get him out of his current predicament if he told McPhail all that he knew. In Atzerodt’s mind, he had done nothing wrong. Assigned to kill Vice President Johnson, Atzerodt had walked away assuming he was innocent because he did not shoot his intended victim. McPhail and Smith arrived at Atzerodt’s cell at 8:20 p.m. The prisoner’s hood was removed and the guard ordered to move away from the door, out of hearing range. What McPhail heard was a confession about the comings and goings of various people—including Samuel Mudd and Mary Surratt—who were involved in plots aimed at removing Abraham Lincoln from office. McPhail and Smith remained in the cell with Atzerodt for nearly two hours. When they left, Smith had filled seven pages with the accused conspirator’s confession. But the statement, referred to today as a “lost confession,” never reached Hartranft or Stanton.6 It simply disappeared. It was mentioned, however, during the trial, when McPhail was called as a prosecution witness. On May 18, during the first week of the trial, McPhail took the witness stand. When he was asked to tell of his conversation with Atzerodt seventeen days earlier, Atzerodt’s attorney, William E. Doster, objected. Doster argued that anything Atzerodt had told McPhail had been said under duress. Doster: “I respectfully submit that a confession made under such circumstances [in a cell in irons] is not admissible; because it was made under duress, which put the mind of the prisoner in a state of fear.”7 The Judge Advocate: “If there was neither threat nor promise, the fact that the man was in prison, or even in irons, does not affect the question of his mental liberty. A man’s limbs may be chained, and his mind be perfectly free to speak the truth, or to conceal it, if he chooses.” Doster continued his argument, citing case law stating that “a confession to an officer . . . must be unattended with any inducement of hope or fear, and must be founded on no question calculated to entrap the prisoner.” Doster then asked: “Is not a statement made by a man in irons one made under duress?” The tribunal overruled Doster’s objection, but when the prosecution 6. Joan L. Chaconas, “Historic Fort McNair,” Lincolnian, 1, no. 3 (January–February 1983): 2. 7. This quotation and those following are taken from Ben. Perley Poore, ed., The Conspiracy Trial for the Murder of the President, and the Attempt to Overthrow the Government by the Assassination of Its Principal Officers, 3 vols (1865; rpr. New York: Arno Press, 1972), 1:396–97.

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continued its questioning of McPhail, it inexplicably abandoned the subject of Atzerodt’s statement and instead focused on Atzerodt’s movements on the night of Lincoln’s assassination. But this brief exchange between Doster and Judge Advocate General Joseph Holt became a clue to later historians that Atzerodt had made a confession that was missing. Further evidence suggesting that Atzerodt had made a confession to McPhail is gleaned from the testimony of former assistant secretary of war Thomas Eckert during the House impeachment hearings on President Andrew Johnson two years later, in 1867. Eckert testified that a statement had been taken down by “one of McPhail’s men by the name of Smith.”8 This confirmed McPhail’s testimony made two years earlier. Did such a confession still exist? And if so, could it be located? Despite McPhail and Eckert’s testimony, the statement was nowhere to be found. Then, in 1977, Joan L. Chaconas, an independent researcher and member of the Surratt Society in Clinton, Maryland, made contact with William Doster’s grandson and, on visiting his home, was shown a cache of papers belonging to George Atzerodt’s old attorney. It proved a startling discovery. Among the papers was the very statement McPhail had garnered from Atzerodt.9 Apparently McPhail had turned the statement over to Doster instead of Hartranft, and Doster, realizing its damaging nature to his client, filed it away, hoping it would not come to light. Not until 112 years later did the statement surface. Its contents never made their way into the trial testimony. Had it been revealed, it most likely would have sent Dr. Samuel Mudd to the gallows. In his statement, Atzerodt rambled far afield, talking about James Wood (Lewis Powell) and Gus Powell (a Confederate agent who worked with John Surratt), insisting that “plenty of parties in Charles County knew of the kidnapping affair,” the conspirators’ original plan not to kill but to seize Lincoln and hold him for ransom. Among the parties Atzerodt mentioned was Dr. Samuel Mudd. As Atzerodt told McPhail: “Dr. Mudd knew all about it [the kidnap plot], as Booth sent (as he told me) liquors & provisions for the trip with the President to Richmond, about two weeks before the murder to Dr. Mudd’s.” Atzerodt also implicated Mary Surratt, telling McPhail: “Booth told 8. Testimony of Thomas E. Eckert before the Judiciary Committee of the House of Representatives, 30 May 1867, Impeachment Investigation, 39th Cong., 2nd sess., and 40th Cong., 1st sess., 1867, p. 680. 9. Chaconas was able to make a xerographic copy of the original. Chaconas, “Historic Fort McNair,” 1–3.

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me that Mrs. Surratt went to Surrattsville to get out the guns (two carbines) which had been taken to that place by Herold, this was Friday.”10 That McPhail had taken the statement with him, and that Hartranft never mentioned in his daily report that a statement was taken from Atzerodt, are among the many oddities of the Lincoln assassination story. On turning the document over to Atzerodt’s lawyer, McPhail showed poor judgment. Perhaps he always assumed that he would be asked to testify at the trial about his meeting with Atzerodt. But having the statement as a backup would have provided a sensational piece of evidence. As the days passed, the prisoners remained in the dark about their circumstances, completely isolated from one another and from the prison staff. Orders had been given that no one, including Hartranft, was to speak to the prisoners, even to answer any questions they might ask. Despite the order, Hartranft did occasionally respond. Mudd, for example, requested permission to write to his wife, and Mary Surratt told Hartranft that she was a Catholic and wanted to see Father Francis Boyle, the priest at St. Peter’s Church in Washington. Willie Jett, the Confederate soldier who found refuge for Booth at the Garrett farm in Virginia, asked to see a chaplain, preferably Episcopal. Hartranft heard all these requests and passed them on to General Hancock, who approved them. Once a week, each prisoner was taken into an adjoining cell, where his clothes were removed while he was allowed to wash. Attendants then provided each with a clean set of clothing and bedding, and sent their discarded garments to the prison laundry. An interesting complication confronted Hartranft because two of the prisoners, Powell and Atzerodt, had iron balls attached to their legs: “At 4.50 opened cell 161 [Atzerodt], removed prisoner to an adjoining cell,—removed his hood and ‘Hand cuffs,’ and he washed his person in the presence of Col. Dodd,—he was furnished with clean under clothing except drawers which could not be changed on account of the ball attached to his leg—the ball could not be removed as the fastenings to the limb were riveted—his hood and irons were then replaced and he taken back to his own cell, and at 5.15 the door was locked” (79). The iron balls were eventually removed. Not until May 8 were the prisoners informed of the charges against them. That day, Hartranft was ordered to report to Judge Advocate General Holt’s office, where he was handed copies of the charges and specifications against

10. Ibid., 2.

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each prisoner. Returning to the cellblock at 6:00 p.m., Hartranft visited the cells one by one and handed each conspirator a copy of the charges, holding a lantern so the accused could read them. In a few instances, he was asked by the prisoner to read the charges. The charges carried a common theme for all eight defendants—conspiracy to commit a crime. For maliciously, unlawfully, and traitorously, and in aid of the existing rebellion against the United States of America, . . . combining, confederating, and conspiring together with one John H. Surratt, John Wilkes Booth, Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, to kill and murder within the Military department of Washington, and within the fortified and entrenched lines thereof, Abraham Lincoln.11

The sweeping charges named the leaders of the Confederate secret service operation in Canada as well as Jefferson Davis himself. Judge Advocate Holt was convinced that Davis had ordered the assassination of Lincoln and was prepared to prove it in court. Now that the defendants had been given copies of the charges and specifications, they were brought before the military tribunal on May 9 and asked if they desired counsel. All did, and the court adjourned to allow time for the defendants to hire lawyers. On May 10 the defendants were brought into the courtroom again and asked if they had any objection to any member of the tribunal. None so objected. The charges and specifications were then read aloud in open court, after which Hartranft submitted a statement attesting that each of the defendants had been given a full copy of the charges and specifications two days earlier. They still were without counsel. Nonetheless, the defendants were asked to plead, to which all eight responded, “Not guilty.” The tribunal adjourned until the following morning, May 11, at which time the attorneys for Mary Surratt and Samuel Mudd were presented and approved by the tribunal. The tribunal again adjourned until the next morning to give the six remaining defendants additional time to secure counsel. In all, six of the defendants had help in securing counsel, while the remaining two accepted lawyers appointed through the efforts of Holt. Dr. Mudd’s family obtained for him the services of Frederick Stone and Thomas Ewing. Stone was a well-known attorney from Mudd’s home county of St. Charles in southern Maryland. After the war he would become a member of Congress 11. Edward Steers, Jr., ed., The Trial: The Assassination of President Lincoln and the Trial of the Conspirators (Lexington, Ky.: University Press of Kentucky, 2003), 18.

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and, later, a federal judge. Ewing had recently served as a brevet major general in the Union army. He had earlier served as chief justice of the Kansas Supreme Court (1861–1862), where he ignited controversy by issuing a sweeping order clearing Missouri of Confederate sympathizers. Mary Surratt hired John W. Clampitt and Frederick A. Aiken, two young lawyers from Washington. Aiken had been practicing law for a little over one year, Clampitt longer. William E. Doster, a former provost marshal of Washington, was appointed by the court to represent Atzerodt. Herold, through the help of his family, was represented by Frederick Stone. Walter S. Cox agreed to represent Michael O’Laughlen. Cox would later become a federal judge and preside over the trial of President James Garfield’s assassin. Ewing agreed to represent Samuel Arnold, leaving only Louis Powell and Edman Spangler without attorneys. Doster agreed to represent Powell, and Ewing agreed to perform the same service for Spangler. With counsel finally in place, the tribunal was ready to begin the proceedings. Public interest in the trial and the eight conspirators sitting in the dock ran at a fever pitch. The press described Samuel Arnold as having an “intelligent face, curly brown hair and restless dark eyes.” Michael O’Laughlen, Arnold’s sidekick, was a “small, delicate-looking man with pleasing features, uneasy black eyes, bushy black hair, and an imperial, anxious expression shaded by a sad, remorseful look.” George Atzerodt fared worst in the press. He was short, thickset, round shouldered, and brawny armed, and his vacant expression “manifested a stoical indifference to what was going on in the Court.” One reporter concluded his description of Atzerodt by writing that he was “crafty, cowardly, and mercenary, his own safety the all-absorbing subject of his thoughts.”12 With Booth dead, the press and public focused much of their attention on Lewis Powell. He seemed to fascinate the gawkers. The descriptions of him read like modern tabloid reporting. He was “very tall, with an athletic, gladiatorial frame.” He had a “massive robustness of animal manhood in its most stalwart type.” Displaying prejudices typical of the day, the press portrayed him as exhibiting “neither intellect nor intelligence in his dark gray eyes, low forehead, massive jaws, compressed full lips, small nose, large nostrils, dark hair and beardless face.” Most characterizations of Powell have relied on the descriptions given by Doster, his defense attorney, which according to Powell biographer Betty Ownsbey constituted “melodramatic fiction told in the best Victorian tradition in an attempt to sway the court’s sympathy for a good boy

12. Poore, The Conspiracy Trial, 1:12.

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gone wrong.” Calling him “rough and illiterate,” Doster would attempt to show that Powell was insane when he tried to murder Seward. The attorney pointed out to the commissioners that Powell “believed in Heaven and General Lee; dresses himself in the clothes of Union dead; stands guard over starving prisoners . . . has his cup carved out of some Federal skull.” In his closing summation, Doster soared into a flight of fancy: “I have formed an estimate of him little short of admiration, for his honesty of purpose, freedom from deception and malice, and courageous resolution to abide by the principles to which he was reared.” He ended by quoting Brutus: “This was a man!”13 Then there was David Herold, “a doltish, insignificant-looking young man, not much over one and twenty years of age, with a slender frame, and irresolute, cowardly appearance.” His “Israelite nose” separated his “small, dark hazel eyes” and was located just above his “incipient moustache.” The reporter who wrote this description was amazed that a villain of Booth’s breeding would have selected “such a contemptuous-looking fellow” as a co-conspirator.14 Mary Surratt and Samuel Mudd were spared the stereotypical negatives applied to the others. Aside from Powell, Mrs. Surratt drew the most attention as the only female conspirator and because she projected a motherly aura. She was described as “a belle in her youth,” with “pleasing features,” dark gray eyes, and brown hair. Those in the courtroom saw her as “the devoted mother of an attached family, of pious sentiments, and deserving the recommendations so lavishly given of her by her religious advisors.” Mary’s was the only description by the press that included a lengthy biography, which was sure to “inspire feelings of pity.”15 Unfortunately, the prosecution saw her differently. Dr. Mudd remained the most puzzling of the conspirators to the press. He was “the most inoffensive and decent in appearance of all the prisoners.” Described as forty years of age—though he was only thirty-two—he was “rather tall, quite thin, with sharp features, a high bald forehead, astute blue eyes, compressed pale lips, and sandy hair, moustache and whiskers.” All in all, Dr. Mudd seemed an aristocrat completely out of place among the other rabble at the bar. But not all of the descriptions of Dr. Mudd were positive. General Thomas Harris, a member of the commission, revealed his own phrenological beliefs when he wrote: “Mudd’s expression of countenance was that of a hypocrite. He had the bump of secretiveness largely developed and it would 13. Ibid.; Betty J. Ownsbey, Alias “Paine”: Lewis Thornton Powell, the Mystery Man of the Lincoln Conspiracy (Jefferson, N.C.: McFarland, 1993), 2, 185, 199, 200. 14. Poore, The Conspiracy Trial, 1:13. 15. Ibid.

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have taken months of acquaintanceship to remove the unfavorable impression made by first scanning of the man. He had the appearance of a natural born liar and deceiver.”16 Such were the images of the prisoners facing trial for the murder of the president of the United States. The public expressed no sympathy for them, with the exception of a small number who believed that Mary Surratt and Dr. Mudd were innocent. But their apologists remained a minority, and despite Surratt’s maternal countenance and Mudd’s “decent appearance,” most people at the time believed they had a hand in Booth’s conspiracy one way or another. And in fact, they had. 16. Ibid., 12; Thomas M. Harris, The Assassination of Lincoln: A History of the Great Conspiracy (Boston: American Citizen Co., 1892), 80.

4 Inter Arma Silent Leges In times of war, the law falls silent. —Cicero, Pro Milone

With the eight suspects in Lincoln’s murder in custody, the government was ready to proceed to trial. President Johnson’s establishment of a military tribunal to try the accused was not without precedent. During the four years of the Civil War, more than 4,270 tribunals had been held involving just over 13,000 defendants, the majority being civilians. While Congress had passed legislation on several occasions between 1862 and 1864 that recognized the use of military tribunals, the legislation referred only to military personnel subject to the Articles of War.1 It did, however, include individuals described as spies acting within military lines. Interestingly, while the legislation for establishing military tribunals excluded civilians, their legal jurisdiction over civilians was challenged only once before the U.S. Supreme Court. The case involved the Democratic congressman from Ohio Clement L. Vallandigham. Vallandigham, an ardent Copperhead, had been arrested by the military on May 5, 1863, for his antiwar speeches and treasonable sympathies with the Confederacy. He was tried by a military tribunal in Cincinnati, found guilty, and sentenced to prison. The trial proved an embarrassment to Lincoln, who commuted Vallandigham’s sentence and ordered the military to send him south, beyond the Union army’s lines. 1. Mark E. Neely, Jr., The Fate of Liberty: Abraham Lincoln and Civil Liberties (New York: Oxford University Press, 1991), 23, 168; Louis Fisher, Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (Lawrence, Kans.: University Press of Kansas, 2005), 50–51.

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Vallandigham filed a petition with the Supreme Court for a writ of habeas corpus, challenging the jurisdiction of the tribunal that tried him. The Court sidestepped the issue by ruling it was without jurisdiction in the case, stating that military tribunals fell outside the Judicial Act of 1789. The Court, in effect, gave its back-of-the-hand approval to the military tribunal as a legal court. 2 The use of military tribunals was put to its severest test following the murder of President Lincoln. With all but two of the principles in prison, Andrew Johnson issued an executive order on May 1, 1865, subjecting the accused to trial by military tribunal. Johnson had asked his attorney general, James Speed, for an official opinion on whether the accused should be tried by military tribunal or a civil court. Speed’s lengthy, often rambling opinion can be reduced to two important requirements: that the offenses the accused were charged with were offenses against the laws of war, and that the defendants were “belligerents” who served as “secret, but active participants [spies] in the recent hostilities.”3 Speed cast a net about the accused that placed them in an exclusionary category, denying them a trial in the civil court that lacked jurisdiction over such offenses and persons. Speed wrote: “If the question be one concerning the laws of war, [the accused] should be tried by those engaged in the war—they, and only they, are his peers. The military must decide whether the accused is or is not a participant in the hostilities. If he is an active participant in the hostilities, it is the duty of the military to take him a prisoner without warrant or other judicial process, and dispose of him as the laws of war direct.”4 Although some believed that the attorney general was not guided by constitutional law in his opinion, Speed was cognizant of the constitutional provisions that later came to haunt members of the commission and its advocates. Speed readily acknowledged the existence of the civil courts within the District of Columbia and their jurisdiction under normal circumstances, but dismissed their right to try the accused conspirators. Speed wrote: “The fact that the civil courts are open does not effect [sic] the right of the military tribunal to hold [the accused] as a prisoner and to try. The civil courts have no more right to prevent the military, in time of war than they have a right to interfere with or prevent a battle.”5 2. Fisher, Military Tribunals and Presidential Power, 56–58. 3. Edward Steers, Jr., ed., The Trial: The Assassination of President Lincoln and the Trial of the Conspirators (Lexington, Ky.: University Press of Kentucky, 2003), 406. 4. Ibid., 409. 5. Ibid.

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To Speed, the issue was straightforward: the commander-in-chief of the armed forces of the nation had been murdered by enemy agents within a military zone that had been subjected to invasion by hostile forces at a time when martial law existed throughout the District. The actual taking of testimony began on May 12 and lasted until June 29, a total of 48 days. In all, 366 witnesses were called to testify, nearly evenly divided between prosecution and defense. President Johnson’s executive order of May 1 designated Judge Advocate General Joseph Holt to conduct the trial along with Assistant Judge Advocate John A. Bingham and Special Judge Advocate Colonel Henry L. Burnett. Sitting in judgment as military commissioners were nine federal officers whose selection was made by Bingham but certainly involved Holt and Secretary of War Stanton. The nine officers were Major General David Hunter (president), Major General Lew Wallace, Brevet Major General August V. Kautz, Brigadier General Albion P. Howe, Brigadier General Robert S. Foster, Brevet Brigadier General Cyrus B. Comstock, Brigadier General Thomas M. Harris, Brevet Colonel Horace Porter, and Lieutenant Colonel David R. Clendenin. Within twenty-four hours of their appointment, Comstock and Porter were relieved as commissioners and replaced by Brevet Brigadier General James A. Ekin and Brevet Colonel Charles H. Tomkins. Included among the commissioners were four graduates of West Point who remained professional soldiers, a former United States marshal, a medical practitioner, an author, and a schoolteacher. Astonishingly, only one of the commissioners was an attorney, Major General Lew Wallace. Booth’s original plan was to capture Lincoln and take him south to Richmond, where he would be exchanged for Confederate soldiers being held in Northern prison camps. The plan changed to murder once the Confederate capital was abandoned in early April 1865. While the members of Booth’s original conspiracy to capture the president may have refused to take part in an assassination, their failure to take the necessary steps to prevent the plot from moving forward made them culpable in the eyes of the law. If those involved in the conspiracy to capture Lincoln had no intention to kill, why did they arm themselves with carbines and revolvers? It was a good question and one that did not escape the prosecution’s attention. Although most modern observers, many historians included, believe that all of the defendants were likely involved in Booth’s plot to capture Lincoln, many insist that only Booth, Powell, Atzerodt, and Herold played a role in Lincoln’s assassination. They argue that Mary Surratt, Samuel Mudd, Samuel

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Arnold, Michael O’Laughlen, Edman Spangler, and John Surratt were only involved in a plot to kidnap, and were wrongly charged with murder. They contend that there were two separate conspiracies—one to capture Lincoln, another to kill him. Unfortunately for the defendants, the conspiracy law under which they were being charged did not make that distinction. A person might be a member of an unlawful conspiracy without knowing all of the details of the conspiracy, or even all of the other members. If a person understands the unlawful nature of a plan and still joins in the plan, even if only on one occasion, it is sufficient to charge the individual with conspiracy, even though that person played only a minor role or no part at all. Of crucial importance to the case against the Lincoln conspirators, the law stated that when a felony has been committed in pursuance of a conspiracy, even though it started out as a misdemeanor, the misdemeanor becomes merged into the felony. 6 Simply put, no matter what the conspiracy set out to accomplish, if a death occurs as a result of the conspiracy, the crime becomes one of homicide. While the aims of a conspiracy may change with time, it remains a conspiracy: the original conspirators share in the culpability no matter what their original intent. This is especially important when considering the case of the Lincoln conspirators. Booth’s original conspiracy to capture shifted to one of murder, but it took all of the original conspirators along with it. When the court convened on May 12, Mary Surratt asked for permission to add Maryland senator Reverdy Johnson to her defense team. Johnson was a highly respected legislator and lawyer. At the time of the 1864 referendum on a new Maryland constitution, Johnson had aroused controversy by opposing the convention’s requirement that citizens take an oath of loyalty as a condition of their voting. Johnson protested in a letter to the voters of his state. He challenged the constitutionality of the requirement and argued that otherwise-qualified voters were not bound by such an oath. The controversial letter stated: Because the [Constitutional] Convention transcended its power, as I am satisfied it has, that is no reason why the people should submit. On the contrary, it should lead them to adopt the only course left to redress the wrong. The taking of the oath under such circumstances argues no unwillingness to surrender their rights. It is indeed the only way in which they can protect them and no moral injunction will be violated by such a course, because the

6. U.S. Criminal Code, chap. 18, sec. 371.

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exaction of the oath was beyond the authority of the Convention, and, as a law, is therefore void.7

General Thomas Harris, a member of the tribunal, challenged Johnson’s admission as an attorney before the tribunal, claiming Johnson did not recognize the moral obligation of the loyalty oath. Johnson explained his position that since the members of the constitutional convention had no authority to enact legislation requiring the oath, a voter who took the oath was under no moral obligation to abide by it.8 As to taking a loyalty oath, Johnson reminded the members of the tribunal that he himself had taken such an oath as a member of the U.S. Senate. After some discussion by members of the tribunal, Harris withdrew his objection and Johnson was approved to represent Mary Surratt. At this point, the attorneys for the eight defendants informed the tribunal that their clients wished to withdraw their earlier pleas of “not guilty” in order to argue the legal jurisdiction of the tribunal. The tribunal agreed to hear Johnson and Thomas Ewing argue against the tribunal’s right to try the accused. Johnson, whose credentials as a constitutional lawyer were well known, led the attack. The thrust of his argument was that the civil courts were open and functioning and that the prisoners, being civilians, were entitled to a civil trial by their peers as guaranteed by the U.S. Constitution. The Constitution gave the president of the United States certain powers, but usurping the authority of the civil courts was not one of them. If the tribunal claimed necessity because of the Civil War as a justification for their jurisdiction, was it in essence claiming that the constitutional guarantees were designed only for peacetime? Johnson sent a veiled warning to the tribunal members: Grave doubts, to say the least, exist in the minds of intelligent men as to the constitutional right of the recent military commissions at Washington to sit in judgement upon the persons now on trial for their lives before that tribunal. Thoughtful men feel aggrieved that such a commission should be established in this free country, when the war is over, and when the common-law courts are open and accessible to administer justice, according to law, without fear or favor. . . . Every citizen is interested in the preservation, in the purity of the institutions of his country; and you, gentlemen, may make presentment on this subject as your judgement may dictate.9

7. Steers, The Trial, 22. 8. Ibid. 9. Ibid., 262.

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Ewing followed Johnson, focusing on the constitutional guarantees that remained the right of all citizens. Ewing ended his argument by challenging the motive of the tribunal, asserting that the prosecution believed “participation in the rebellion was participation in the assassination.”10 In his written opinion justifying a military trial, Attorney General James Speed had argued that the prisoners were, in fact, not civilians, but enemy belligerents whose crimes were violations against the laws of war, and who thus were triable by military tribunal. In Speed’s words, “The civil courts have no more right to prevent the military, in time of war, from trying an offender against the laws of war than they have a right to interfere with and prevent a battle. . . . They not only can, but ought to be tried before a military tribunal.” 11 After hearing Johnson and Ewing argue their case, the tribunal dismissed the defense arguments and ruled in favor of its jurisdiction. Newspaper reaction to this aspect of the trial tended to split along party lines. The New York World, a Democratic paper that had bitterly opposed the Lincoln administration—under which it was once ordered shut down—referred to the trial as “The Military Star Chamber.” The New York Times, usually a supporter of the administration, at first opposed the military trial, but soon reversed its position and supported the tribunal.12 Among the more passionate cries for quick justice came from Northern pulpits. Preachers throughout the North told their parishioners that “justice was a God-ordained task.”13 The government and most of its citizens believed that the crime was hatched in Richmond and constituted a last-gasp effort on the part of Confederate leaders to snatch victory from the jaws of defeat. As commander-in-chief, Lincoln had become a military target; thus his death had been a military crime. William Doster later complained of the handicaps that he and the other defense lawyers experienced in meeting with their clients: “They could only communicate sitting in chairs, with a soldier on each side, a great crowd surrounding them, and whisper through the bars of the dock to their counsel.”14 But according to Hartranft’s reports, guards and other personnel were always 10. Ibid. 267. 11. Ibid., 409. 12. New York World, 12 May 1865, p. 4, 13 May 1865, p. 4; New York Times, 11 May 1865, p. 4. For a discussion of the reaction of newspapers to the use of a military tribunal, see Thomas Reed Turner, Beware the People Weeping: Public Opinion and the Assassination of Abraham Lincoln (Baton Rouge, La.: Louisiana State University Press, 1982), 139–45. 13. David B. Chesebrough, “No Sorrow like Our Sorrow”: Northern Protestant Ministers and the Assassination of Lincoln (Kent, Ohio: Kent State University Press, 1994), 61. 14. William E. Doster, Lincoln and Episodes of the Civil War (New York: Putnam, 1915), 260.

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moved out of hearing range. These lawyer-client meetings took place both in the courtroom and in the prisoners’ cells. On May 15, Hartranft requested that such meetings take place only in the courtroom: “I would respectfully suggest that Counsel be permitted to communicate with their clients only in the Court room on account of the difficulty in remaining in the presence of the Counsel and prisoner in the cell, and at the same time not being in hearing” (emphasis added, 96). Despite Hartranft’s request, the attorneys continued to meet with their clients both in the courtroom and in their cells. The day after Hartranft’s request, Ewing met with Mudd, Arnold, and Spangler in the courtroom and “in [the] presence of ” Colonel Dodd (97). Now that counsel represented the eight defendants and the arguments on the jurisdiction of the military tribunal were settled, the trial got underway with the prosecution calling its first witness, Henry Von Steinacker. At the time of the trial, Steinacker was serving time in Fort Delaware as a Union army deserter. It turned out that Steinacker had also served in the Confederate army before his arrest and imprisonment for desertion from the Union army. Steinacker had written to Secretary of War Stanton offering, in return for his release from prison, damaging testimony linking Booth to a Confederate conspiracy to assassinate Lincoln—just what Joseph Holt was looking for.15 Steinacker would tell how officers of Stonewall Jackson’s command were involved in an assassination plot as early as 1863. Having served in the Stonewall Brigade, Steinacker claimed he knew this from personal knowledge of the men involved. His testimony set the stage for the government’s case, which lay the assassination on the desk of Jefferson Davis. Steinacker was never cross-examined on his shocking testimony. Immediately after testifying, he disappeared and never resurfaced. The defense, however, produced enough testimony to show that Steinacker had lied about most of the details of his own personal history, as well as his bold claims. Steinacker was a con man and had apparently fooled Holt. Even so, Holt continued to believe that Steinacker had told the truth, probably because he wanted to believe him.16 For the next several weeks of the trial, the defendants listened as the government presented evidence linking several leaders of the Confederate governÂ� ment and their agents in Canada to the assassination conspiracy. Witness after witness was called to show that Davis’s agents planned a series of actions that violated the laws of war, including burning Northern cities, poisoning water 15. Joseph George, Jr., “‘Old Abe Must Go Up the Spout’: Henry Von Steinaeker and the Lincoln Conspiracy Trial,” Lincoln Herald 94, no. 4 (Winter 1992): 148–56. 16. Ibid., 155.

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supplies, mounting raids on shipping, and, worst of all, attempting to spread smallpox and yellow fever in Northern cities. The prosecution maintained that if such acts of “black flag” warfare were sanctioned by Davis, then so was the assassination of Abraham Lincoln. Several witnesses testified to seeing Booth in Canada consorting with Davis’s agents. Some claimed they heard one of them, Jacob Thompson, talking to Booth about Lincoln’s assassination. After tying Booth to Davis through his agents in Canada, it was a simple matter to tie the eight prisoners in the dock to Booth. Conspiring with Booth to kidnap Lincoln and take him to Richmond was one thing, but being a party to murdering the president was entirely another matter. Like Steinacker, several of these key witnesses turned out to be con artists who perjured themselves through no fault of Holt or his associates.17 Holt was duped. Yet, while the government lost credibility in its case against the Confederate leaders, Holt held firmly to his beliefs, unshaken by the challenges that cast strong doubt on his case. Having spent considerable time attempting to tie the Confederate leadership to the assassination, Holt finally moved on to presenting the government’s case against the eight defendants in the courtroom. For this part of the trial, the government produced its star witness, Louis J. Wiechmann. Wiechmann was a friend of John Surratt. He had attended school with him, and boarded in his mother’s rooming house at the time of the assassination. Wiechmann’s testimony would prove especially incriminating for both Mrs. Surratt and Dr. Samuel Mudd. Wiechmann testified to Booth’s numerous visits to Mary Surratt’s boardinghouse, claiming that Booth and Mary would engage in private conversation out of earshot or in another room away from others that might overhear them. He said that Mary had asked him to drive her to the tavern in Surrattsville on the day of the assassination, where she delivered a package and message from Booth to John Lloyd, the tavern keeper. Wiechmann told how he and John Surratt met Mudd in the company of Booth in Washington one December afternoon, and of Mudd introducing Booth to Surratt at the time. According to Wiechmann, the men went with Booth to his room at the National Hotel, where Surratt, Booth, and Mudd spoke privately without Wiechmann and later engaged in conversation concerning the roads in Charles County. Although Wiechmann’s testimony was clearly in the realm of circumstantial evidence, it proved damning to Mary Surratt’s and Samuel Mudd’s claims of innocence.

17. Steers, The Trial, xxxii.

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It was during the first days of the trial that Hartranft ran into minor difficulty with his superior, General Hancock. Acting on his own observation or on reports of some member of the tribunal, Hancock asked Hartranft to explain what seemed to be preferential treatment given to Dr. Mudd. During the seating of the defendants on the first and second days of the trial, Mudd, along with Mary Surratt, was placed outside the prisoners’ dock in a chair at the defense attorney’s table. Hartranft replied that Mudd’s seating was purely accidental, not intentional: In reply to your communication relative to my giving especial privileges to Dr. Mudd, I respectfully state that the separation of Dr. Mudd from the rest of the prisoners was accidental and occurred as follows: On Tuesday [May 9], when the prisoners were taken into Court, Dr. Mudd and Mrs. Surratt happened to be the last of the prisoners brought in; the other six were taken into the prisoner’s dock and by seating the person in charge of each prisoner by his side, the room was all taken up. When the Dr. was brought in, he was placed on a chair just in front of the other prisoners and outside of the railing. Mrs. Surratt was also seated near him. To day the prisoners were brought in and seated in the same manner, I thinking that it would be more convenient for the Court to have them seated the same each day. (89)

In answering Hancock’s inquiry, Hartranft also cleared up one of the many controversies surrounding the treatment of Dr. Mudd. Over the years, various advocates of Mudd’s innocence have written that, compounding his unfair treatment, he was forced to wear a hood when not in court. Hartranft stated: “Dr. Mudd has been treated since he has been in this prison precisely the same as each of the other male prisoners, except that he has not been hooded, which was in accordance with your instructions. I disclaim all intention of granting to Dr. Mudd any privileges” (90). On May 19, Hartranft noted in his daily report that following adjournment the day before, Herold had remained behind in the courtroom with his lawyer, Frederick Stone, and the chief prosecutor, Holt. Herold apparently wanted to write out a “confession” (100). His wrist irons were removed, and he was provided with a quill, paper, and ink. Herold completed his statement on May 23 and turned it over to Holt. The statement is missing, or has not been located among the trial papers in the National Archives. We do know one part of Herold’s statement referred to by Ewing in his lengthy remarks to President Johnson, dated July 10, 1865, requesting that Mudd be pardoned. Ewing wrote:

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“I am informed by Mr. Stone who was Counsel for Herold, that he said he tried to dissuade Booth from going to Mudd’s, so far out of his route—but that Booth said he must get his leg set an dressed. And that they did not while there intimate to Mudd what had been done. If Herold’s confession is in the hands of the Judge Advocate, I ask that it be considered with this application for remission of sentence.”18 Privy as he was to these extraordinary events, Hartranft was also mired in the demanding daily routine of managing the prisoners on trial. Two incidents occurred that illustrate some of the day-to-day problems he faced as military governor of the prison. On June 7, the 8th Regiment of the 1st Veteran Reserve Corps reported to Hartranft as relief for the 18th New Hampshire, then on duty. Informed by the commanding officer that the regiment had no ammunition, Hartranft ordered the 18th New Hampshire to remain on active duty until the 8th could be adequately supplied. But the 18th had already disbanded and scattered into the environs of Washington. As Hartranft then learned, the entire arsenal possessed no ammunition of the proper caliber to fit the rifles of the 8th Regiment. They remained on duty without ammunition until the following day, when the 46th New York Volunteers relieved them. But the colonel in command of the 46th reported to Hartranft drunk. Hartranft ordered his arrest and told the colonel’s second-in-command to take charge of the regiment (see 119). On another occasion, Hartranft was informed that two civilians had been arrested by one of the arsenal guards. They were overheard to say, “God damn the country, I would like to have the place burned up—you kiss my A——, Abraham Lincoln, or anybody else.” When ordered by the guard to be quiet, one of the men replied, “Go to hell,” whereupon the guard placed both under arrest. Hartranft noted in his report to Hancock: “These young men are very respectable appearing, but considerably under the influence of liquor.” Hartranft then added: “I will await your instructions in the case” (93). On May 26, Hartranft took charge of a prisoner named Harrison, whom he installed in cell 165. The prisoner was Burton N. Harrison, private secretary to Jefferson Davis. Harrison had been captured with Davis by Union cavalry on May 10 near Irwinville, Georgia. The two men were transported by ship to Fort Monroe, Virginia, where Davis was imprisoned. Harrison was sent on to Washington, to be imprisoned in the penitentiary under Hartranft’s supervision. 18. Dr. Mudd Pardon File, National Archives and Records Administration, Record Group 204.

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On May 30, Hartranft made an interesting entry in his Letterbook concerning his conversation with Harrison: “Mr. Harrison states that when he left Mr. Davis [on May 22] he [Davis] directed him, if possible, to see Secretary [of State William H.] Seward, and inform him that he (Mr. Davis) had certain information which would be to the interest of Secretary Seward to know; and that Mr. Davis is very desirous of having an interview with Secretary Seward, as soon as the Secretary was able to see him. Mr. Davis desires to open communication with him by letter” (109–10). What information Davis had that would interest William H. Seward is not known. Harrison remained a prisoner in the penitentiary until July 17, when he was transferred to Fort Delaware under the guard of Lieutenant Colonel Christian Rath, the hangman of the four conspirators sentenced to death. As the trial progressed, Hartranft saw to small amenities for the prisoners. He arranged that they receive clothing (including underclothing), food items, chewing tobacco, and writing paper and ink—always first seeking permission from, or through, General Hancock. It appears that none of Hartranft’s requests were ever refused. On a much more important matter, Hartranft recommended on June 6, in concert with the medical officer, that the hoods be permanently removed from five of the six prisoners wearing them: “The prisoners are suffering very much from their padded hoods, and I would respectfully request that they be removed from all the prisoners except 195 [Lewis Powell]. This prisoner does not suffer as much as the others and there may be some necessity for his wearing it, but I do not think there is any for the others” (115). Hartranft was authorized to permanently remove the hoods from Atzerodt, Arnold, O’Laughlen, Spangler, and Herold. Mudd and Mary Surratt were never required to wear a hood. The iron weights had already been removed. On June 2, Hartranft wrote to Hancock: “The Sentinel over the cell of Payne [Powell] discovered the prisoner handling the balls attached to his limbs, placing them against his head. I at once unfastened the balls from the shackles and removed them from the cell. I also unfastened the balls from the limbs of Atzerodt and removed them from the cell” (112). Hartranft used the episode to have the ball-and-chains permanently removed from Powell and Atzerodt. Doster attempted to use the incident, along with remarks Powell had made to one of his prison guards, as evidence of insanity. The defense attorney had nothing to lose, since Powell was clearly guilty of attempting to murder William Seward. Powell had apparently tried to injure himself earlier. A week after his arrest and while awaiting trial, he had repeatedly butted his head against the prison

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wall. Whether Powell was trying to hurt himself with the large iron ball attached to his leg is unclear, but Doster was ready to attempt convincing the tribunal that Powell was not responsible for his actions. In court on June 2, Powell’s attorney called Dr. Charles H. Nichols as a defense witness. Considered an expert in mental illness, Nichols served as superintendent of the Government Hospital for the Insane (St. Elizabeth’s). Doster undertook a lengthy examination of Nichols, laying the groundwork for determining insane behavior. The following day, June 3, the attorney called prison guard John B. Hubbard. Doster asked Hubbard if Powell had ever spoken to him. Yes, Hubbard replied, Powell had on occasion done so. Doster then asked Hubbard to tell the court the substance of their conversations. Bingham, the assistant judge advocate, objected. He maintained that anything Powell said to Hubbard was inadmissible since, under the current law, a defendant could not testify. Holt, surprisingly, countered that if Hubbard’s testimony was in the nature of a confession it was inadmissible, but if it was in support of insanity the court should hear it. Here was yet another instance in which the court followed the precedent of civil, not military, law. Hubbard then related Powell’s remark that he wished the court would finish and hang him: “[H]e was tired of life. He would rather be hung than come back here in the Court-room.”19 It was not until nearly two weeks later that Doster mounted his insanity defense for Powell, arranging for Powell to be examined by medical experts. Hartranft noted in his Letterbook that during the noon recess on June 13 Powell was taken to a side room off of the courtroom and examined by Dr. James C. Hall. During the afternoon session, Doster called Hall to the witness stand. In his questioning, Doster tried to establish that Powell, because of his mental condition, lacked moral character. Doster asked Hall if Powell thought his attempted murder of Seward was justified—if he thought he had the moral right to commit it. “He [Powell] said he thought a person in performing such an act as I described would be justified. . . . His answer amounted to this, that he thought in war a person was entitled to take life. That was the reason he assigned why he thought such an act could be justified.”20 Holt saw that Doster was attempting to create the impression in the minds of the tribunal that Powell was insane at the time he attacked the Seward household. He mounted a vigorous cross-examination of Hall. After Hall de

19. Steers, The Trial, 165–66. 20. Ibid., 164–65.

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scribed Powell’s justification for his acts, Holt asked Hall the key question: “Do I or not understand you to say, Doctor, that, from the whole examination you have made, you regard the prisoner, Payne, as sufficiently sane to be a responsible being for his acts?” Hall wavered somewhat in his answer but not enough to satisfy Holt. Hall replied: “I have not altogether made up my mind on that. I do not think that the single examination which I have made would suffice to decide the question. I think there is enough to allow us a suspicion that he may not be a perfectly sane and responsible man. I can give no positive opinion on that point.”21 Holt pressed the witness further: “The extent then, to which you go, is that there is grounds for suspicions? You do not express any such opinion?” Hall quickly corrected Holt’s conclusion: “I do not express a positive opinion that he is either morally or mentally insane, but that there is sufficient ground, both from his physical condition and his mental development, for a suspicion of insanity.”22 The following morning, June 14, Powell was examined again, this time by a panel of physicians. Hartranft wrote: “Yesterday morning [June 14] before the assembling of the Court, Payne was taken into a side room and an examination made of him in my presence by a Medical Board. Drs. Hall, Norris & Porter, and during the recess from 1 to 2 P.M. he was again taken into this side room and examined in my presence by Surgeon General Barnes, Drs. Hall, Norris & Porter” (123). In the afternoon session, Holt got what he wanted. Surgeon General Joseph Barnes testified: “I have made an examination . . . of the prisoner, Payne [Powell], and find no evidence of insanity—none whatever.” After the commission recessed, Dr. Hall had a change of heart. The surgeon general “joined us, and we examined him again . . . I think I am now prepared to say that there is no evidence of mental insanity.” Doster’s insanity defense evaporated in front of his eyes, and he abandoned the effort. In his summation to the members of the tribunal, Doster acknowledged “that he [Powell] is not within the medical definition of insanity.”23 Doster resorted to defending his client as a soldier who rightfully believed that he was acting within the rules of warfare in attacking the commander-in-chief of the enemy. On June 17, Edman Spangler began to show signs of mental stress. Hartranft wrote in his daily report that Spangler’s mind seemed to be wandering.

21. Ibid., 165. 22. Ibid., 164–65. 23. Ibid., 167, 308.

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He summoned Dr. Porter, who advised that Spangler be taken into the prison yard for fresh air. As a result of Spangler’s apparent mental suffering, Porter recommended that all the prisoners be allowed to walk in the yard at least once a day. Hartranft then wrote Hancock urging that the prisoners be allowed in the yard and provided with a chew of tobacco after meals. At the same time that Payne and Spangler were being examined and treated for mental stress, Mary Surratt fell ill. The imprisonment and trial were beginning to take their toll, and Hartranft was concerned. He wrote Hancock that “Mrs. Surratt became so ill that it was necessary to remove her from the room.” Hartranft believed that the stifling condition of the crowded courtroom was contaminating the air. He moved Mary Surratt to a chair inside the door leading into the side room, where, according to Hartranft, “she was still in the presence of the Court, and where the air was much more cool and pure” (127). But Surratt did not improve, and Hartranft wrote Hancock: “Since Mrs. Surratt has been removed in this side room and as her illness seems to be growing more severe I would suggest that her daughter be allowed to remain with and wait on her as her illness is evidently such as to require a female attendant” (127). For the remainder of Mary Surratt’s imprisonment, her daughter Anna was permitted to stay with her and attend to her. Surratt was moved from her cell and allowed to stay in the side room off of the courtroom where Powell had been examined. It was one more example of Hartranft’s efforts to accord the prisoners as much comfort and care as was possible under the circumstances of their confinement. Hartranft went so far as to provide for the men to be shaved by a regimental barber. On the last day of the trial, Hartranft wrote to the colonel commanding the 10th Regiment of the Veteran Reserve Corps: “The soldier who has been shaving the prisoners here states that his officers will not allow him to come anymore without a detail. As he is very willing to come will you be kind enough to give him an order to report to me for that purpose every Sunday morning until the prisoners are otherwise provided for. His name is Alexander Foley and belongs to Co. B 10th Regt. Vet. Res. Corps” (134). Hartranft was still not satisfied with this situation and ordered Foley to remain at the prison on a full-time basis so that “he will be present when wanted” (138). On the day after the trial ended, and while the tribunal was deliberating the fate of the prisoners, Hartranft began bringing his administrative duties to a close. He submitted the bill for the meals provided to the court and prisoners for the previous two months. Hartranft carefully listed the number of meals

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for each day, from a low of 12 meals to a high of 81. The total number of meals came to 1,768 at $1.00 each, for a grand total of $1,768. The meals consisted mostly of soft bread, coffee, and salted meat—either pork or beef—and occasionally soup. The families were allowed to supplement the prison fare as evidenced by Herold’s sisters, who brought him soft crackers, strawberries, and butter on several occasions (see 108). Not only lawyers, but also family and certain friends had been permitted to visit the defendants throughout the trial. His sisters visited Herold the most, providing solace as well as food. Arnold, Powell, Atzerodt, and Mary Surratt also saw family members and friends. Curiously, there are no entries in Hartranft’s Letterbook of Mudd receiving visitors, only requests to write to his wife, Sarah.24 While the defendants awaited the verdict of the court, they continued to exercise in the prison yard and receive visitors—thanks to Brevet Major General Hartranft. 24. It is true that in nearly every account of Mudd’s plight he is visited on a regular basis by his wife, Sarah Francis Dyer Mudd, affectionately known by family members as Frank. Yet Hartranft, who carefully recorded visitors, whether friends, family, or lawyers, made no entries showing any visitors for Mudd except his attorneys, Thomas Ewing and Frederick Stone.

5 Let the Stain of Innocent Blood Be Removed from the Land Head Quarters Mid Mil Division Washington DC July 6. 1865 In accordance with the directions of the President of the United States, the foregoing sentences, in the cases of David E. Herold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, will be duly executed at the Military Prison near the Washington Arsenal between the hours of 10 o’clock AM and two o’clock PM July 7, 1865. Brevet Major General John F. Hartranft Commandant of the Military Prison is charged with the execution of the order. Winfd Scott Hancock Major General Commanding1

Thus the final chapter of Hartranft’s exceptional military career was about to end with the hangman’s noose. It was the most unpleasant duty this brave soldier faced in his four years of service. But Hartranft was true to his calling and carried out his grim orders faithfully. At the same time that he received the execution order, Hartranft received a letter from his wife, Sallie, pleading that he not allow himself to become a The chapter title is taken from Secretary of War Edwin M. Stanton’s edict proclaiming the establishment of a military tribunal to prosecute Lincoln’s murderers. See War Department circular dated April 20, 1865, in Official Records, ser. I, vol. 46, pt. 3, p. 847. 1. Hancock’s order appears in James L. Swanson and Daniel R. Weinberg, Lincoln’s Assassins: Their Trial and Execution (Santa Fe, N.M.: Arena Editions, 2001), 103.

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hangman.2 But he had little choice. He was duty bound and would carry out his gruesome work in soldierly tradition. In response to Hancock he wrote: “I have the honor to report that in obedience to your orders, I did on July 6th 1865 between the hours of 11 A.M. & 12 M., read the ‘Findings & Sentences’ of Lewis Payne, G. A. Atzerodt, David E. Herold and Mary E. Surratt to each of them respectively and also delivered a copy of the same to each” (142). Hartranft handed each prisoner an envelope bearing the written findings and sentences of the tribunal. One of the envelopes that contained such a death warrant survives. Lewis Powell gave it to the Reverend A. D. Gillette, who wrote on the back of the envelope: “This death warrant was given me by Payne less than an hour before his execution. I was in his cell & and with him the last moments of his life. A. D. Gillette.” The envelope was addressed to “Lewis Payne care of Major Genl. Hancock,” and endorsed by Hancock “to be delivered in person to Major Genl F. Hartranfte [sic].”3 The four prisoners who escaped the death penalty did not hear the official ruling in their cases until July 17, when Hartranft informed them, too, of their sentences. Mudd, Arnold, and O’Laughlen were all given life in prison. The hapless Spangler was sentenced to six years’ confinement, a light sentence compared with the tribunal’s other rulings. Years later, Samuel Arnold wrote of hearing “mysterious sounds” in the courtyard the day the death warrants were delivered: “That same afternoon [July 6] the noise of hammers was distinctly heard, as if some repairing about the building was being done.”4 Arnold had no way of knowing that the noise came from a team of carpenters constructing a scaffold for the next day’s hangings. In fact, none of the four prisoners given prison sentences had any idea that four of their cohorts would hang the very next day. On assuming his command in May, Hartranft had requested that Captain Christian Rath of the 17th Michigan Volunteers be assigned to his staff. At the time, neither man had envisioned their future roles as executioners for the tribunal. Now, two months later, Hartranft found himself in charge of the execution details, while Rath was given the job of hangman. Rath had once before built a scaffold while serving as a provost marshal. He obtained a set of plans from the sheriff of Level Plains, Virginia, and, using them as a guide, set 2. A. M. Gambone, Major-General John Frederick Hartranft: Citizen Soldier and Pennsylvania Statesman (Baltimore: Butternut and Blue, 1995), 186. 3. The envelope appears in Swanson and Weinberg, Lincoln’s Assassins, 101. 4. Michael W. Kauffman, ed., Memoirs of a Lincoln Conspirator: Samuel Bland Arnold (Bowie, Md.: Heritage Books, 1995), 61.

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about sketching plans for the new scaffold. Rath’s crew worked throughout the night of July 6 and completed the job by the next morning.5 The structure was twenty feet long, fifteen feet wide, and ten feet high to the floor of the scaffold, and twenty feet high to the beam that held the ropes. The platform consisted of two drops, each six feet by four feet, supported by an upright beam that allowed the drop to fall when knocked away. To the right of the scaffold four graves had been dug, each measuring seven feet by three feet by four feet deep. Beside the graves, four plain pine boxes were stacked. A bottle holding a slip of paper with the name of a conspirator was placed inside each makeshift coffin. Everything was in readiness by noon.6 The government continued to worry about possible trouble from certain segments of the public. The day before the hanging, Hartranft sent an order to the colonel in command of the 10th Regiment of the Veteran Volunteer Reserve Corps requesting that the entire regiment turn out at 6:00 a.m. and form a guard line along 4½ Street up to Pennsylvania Avenue. Hartranft was taking no chances that protests would take place. The colonel insisted that “perfect order” be maintained throughout the day (142). Inside the walls of the penitentiary Hartranft positioned another regiment. If anyone was foolish enough to start a ruckus, he would have to be prepared to fight a small brigade of troops. By early morning, crowds of people began assembling outside the main gate to the arsenal, trying to talk their way onto the grounds. But only those presenting a pass signed by Secretary of War Stanton or General Hancock were allowed to enter the arsenal. Two of those allowed inside were the celebrated Washington photographer Alexander Gardner and his assistant, Timothy O’Sullivan. Gardner, who had taken the last formal studio portraits of the late president in February, and then photographed him again delivering his second inaugural address in March, had earned the honor of recording this historic event.7 In fact, the military commission issued his pass on July 5, one day before the condemned were informed of their fate. 5. D. Mark Katz, Witness to an Era: The Life and Photographs of Alexander Gardner (Nashville, Tenn.: Rutledge Hill Press, 1991), 177; John K. Lattimer, Kennedy and Lincoln: Medical and Ballistic Comparisons of Their Assassinations (New York: Harcourt Brace, 1980), 116. 6. Washington National Intelligencer, 8 July 1865, p. 1. 7. Ibid.; Charles Hamilton and Lloyd Ostendorf, Lincoln in Photographs: An Album of Every Known Pose (Norman, Okla.: University of Oklahoma Press, 1963), 388–91. The Gardner portraits long believed made in April just a few days before the assassination were proven to have been taken two months earlier. Gardner’s pass, signed by General David Hunter, appears in Swanson and Weinberg, Lincoln’s Assassins, 103.

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Gardner and O’Sullivan arrived at the arsenal at 11:00 a.m. on July 7 and set up their cameras in two windows facing the front of the scaffold. It was an ideal location: inside a building shaded from the sun and separated from the crowd of people milling in the courtyard waiting for the proceedings to begin.8 At some point during the day, Gardner also persuaded Hartranft to have himself and his staff pose for a photograph. Hartranft assembled his men in front of the brick wall enclosing the prison yard. Ironically, four of the men posed sitting in the very chairs that would soon be used by the condemned on the scaffold as they awaited their hanging. Mary Surratt’s lawyers were still not ready to give up her case. Earlier that morning, Frederick Aiken and John Clampitt had rushed to the home of Judge Andrew Wylie of the Supreme Court of the District of Columbia to request a writ of habeas corpus on Mrs. Surratt’s behalf. Wylie issued the writ, directing General Hancock to appear with Mrs. Surratt before his court. The attorneys’ initial euphoria turned to despair, however, when General Hancock, together with Attorney General James Speed, showed up in court and handed Wylie an executive order from President Johnson suspending the writ of habeas corpus in Mrs. Surratt’s and similar cases.9 There was only one hope left: that President Johnson would issue a reprieve reducing Mrs. Surratt’s sentence to life in prison. It never came. The day after the execution, Hartranft submitted his daily report to Hancock, entering a copy in his Letterbook. His impassive description of the events is worth reproducing in its entirety: Mil. Prison, Wash. Arsenal July 8th 1865 General, I have the honor to report that in obedience to your orders, I did on July 6th 1865 between the hours of 11 A.M. & 12 M., read the “Findings & Sentences” of Lewis Payne, G. A. Atzerodt, David E. Herold and Mary E. Surratt to each of them respectively and also delivered a copy of the same to each. All this in your presence. After I had finished reading the sentences I asked Lewis Payne if he had any friends to send for or any special minister of the Gospel whom he wished to see, he replied that his friends and relations were too far away, but that he would like to see Rev. Mr. Striker of Baltimore and Major Eckert, 8. Katz, Witness to an Era, 178. 9. Ibid., 179; Roy Z. Chamlee, Jr., Lincoln’s Assassins: A Complete Account of Their Capture, Trial, and Punishment (Jefferson, N.C.: McFarland & Co., 1990), 459–60.

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Asst. Secty. of War who had previously promised him the services of a Baptist Minister. I asked G. A. Atzerodt the same question. He desired to see his brother John C. Atzerodt, brother-in-law John L. Smith and Marshal McPhail all of Baltimore. Also Mrs. Rose and child, five years of age of Port Tobacco, MD. And some Lutheran minister. I asked David E. Herold the same question, he desired me to notify ^his family^ and that they would send him a minister. I also asked Mary E. Surratt, the same question. She desired me to send for Father Walters, Father Wiget, and Mr. Brophy and her daughter, who had been staying with her mother though she chanced to be absent in the city at this time. All of these persons were promptly sent for, those residing in Wash. by myself and those at a distance through Mr. Eckert Asst. Secty of War, either by special messenger or by telegraph. Each of them answered before the time of the execution and saw the prisoners except the child of Mrs. Rose. Fearing that some of the ministers called for would not be able to attend, I asked Genl Augur [major general commanding the 22nd Army Corps in charge of the defenses of Washington] to order three Chaplains to report to me at once. In answer to this request Rev. Mr. Vaux reported to me. He was admitted to see Payne and Atzerodt. Soon after Rev. J. S. Butler Lutheran minister reported who was assigned to G. A. Atzerodt. Late in the evening Rev. Mr. Winchester reported but as all the prisoners were in consultation with ministers, I directed him to report at 9 o’clock next day. During the afternoon Major Eckert introduced Rev. Dr. Gillette who took special charge of Lewis Payne. Rev. Dr. Striker arrived between the hours of 12 & 1 o’clock on the day of the execution and was immediately passed in to see Payne. During the afternoon of the 6th several of the sisters of Herold arrived and introduced Rev. Mr. Olds who was admitted as the attending minister to David E. Herold. Father Walters and Father Wiget arrived early in the afternoon of the 6th and remained with Mary E. Surratt most of the time up to the hour of execution. Mssrs Aiken & Clampitt, Counsel, were permitted to see Mary E. Surratt a few moments on the day of her execution. Also Mr. Holohan, the occupant of her house. John C. Atzerodt brought his own mother-in-law, who was permitted to see the prisoner Atzerodt on the morning of the 7th. Mr. Doster & W. S. Cox, attorneys, were permitted to see Payne and Atzerodt for a few moments on the day of the execution. The scaffold was erected by workmen furnished by Major Benton under the direction of Capt. C. Rath one of my staff officers, who also took charge of the details during the execution. I cannot refrain from calling your attention to the faithful and efficient services of this Capt. on this important duty. Everything being in readiness at 1 P.M. 7th inst., the prisoners were conducted to the scaffold in the following order 1st Mary E. Surratt her guard and fathers Walters & Wiget. 2nd G. A. Atzerodt his guard & Rev. Mr. Butler. 3d David E.

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Herold his guard and Rev. Mr. Olds. 4th Lewis Payne his guard and Rev. Dr. Gillette, each of the prisoners was seated in a chair on the platform while the ministers in attendance offered a prayer in their behalf. The prisoners were made to stand ^and^ everything was made ready and ^in readiness^. The drop fell at 1:30 P.M. Life was pronounced by the Board of Surgeons appointed for that purpose to be extinct in each of the bodies at 1:50 P.M. The report of this board is forwarded herewith. About 9 o’clock A.M. Brig. Genl C. H. Morgan [Charles Hale Morgan, chief of staff, Middle Military Division, commanded by Winfield Scott Hancock] reported with a brigade of infantry for duty during the execution. Genl Morgan was very efficient in the disposition of troops and maintained perfect order at all points. All the officers and men on duty during the execution gave entire satisfaction. I have the honor to be Very Respectfully Your Obt. Servt— Bvt. Maj. Genl Gov. & Comdr M.P.

The “Mr. Brophy” that Mary Surratt requested to see on her last day was John P. Brophy, a close friend of the Surratt family. At the time of the trial, Brophy was the principal of St. Aloysius School for Boys in Washington, D.C. He became a champion of Mary Surratt’s innocence both before her execution and for years afterward, publishing a pamphlet in which he tried to prove her innocence by examining the testimony against her. Brophy attended Mary, along with two Catholic priests, moments before her execution. According to Brophy, her last words were, “Mr. Brophy, I die an innocent woman.”10 (Anna Surratt, Mary’s daughter, lived for a while with the Brophy family and was married while still living with them in 1869.) At the eleventh hour Lewis Powell made a gallant but vain attempt to save Mary Surratt’s life, apparently blaming himself for her pending execution, believing that if he had not weakened and gone to her house on the night of April 17, she would in all probability never have been arrested.11 Father Jacob 10. The exceedingly rare pamphlet (only one copy is known to exist) has been reproduced in its entirety in an article by Joseph George, Jr.: “Trial of Mrs. Surratt: John P. Brophy’s Rare Pamphlet,” Lincoln Herald 93, no. 4 (Spring 1991), 19–21. See p. 17 of article for background information on Brophy. 11. Osborn H. Oldroyd, The Assassination of Abraham Lincoln; Flight, Pursuit, Capture , and Punishment of the Conspirators (Washington, D.C.: O. H. Oldroyd, 1901), 138.

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Walter, who together with Father Bernadine Wiget attended Mary Surratt in her final hours, had also visited Lewis Powell. According to Walter, Powell told him that Mrs. Surratt was innocent. Powell also told Hartranft that Mrs. Surratt “was innocent of the murder of the President.” Powell went on to say that “as to the abduction of the President he did not know that she was connected with it, although he had frequent conversations with her, during his stay at her house.”12 Holt learned of Powell’s assertions and sent word to Hartranft to have Father Walter put them in writing and forward them to him. Hartranft called Walter into his office and requested that he write out what Powell had told him. Hartranft then added his own endorsement to the statement.13 On July 15, Hartranft received a request from General Hancock to explain his endorsement added to Walter’s statement. Hartranft replied: About 10 o’clock in the forenoon of the day of the execution July 7th 65, Mr. Brophy came to my quarters saying that Judge Holt desired Father Walter to put in writing, the statement which Payne had made to him relative to the innocence of Mrs. Surratt. I immediately called Father Walter who was then in the cell of—Mrs. S——, into my room, and he proceeded to write the statement. Believing that Judge Holt desired the best possible evidence as to Payne’s sayings, I remarked to Father Walter, that perhaps it would be better for me to add what Payne had said to me; to which he assented. I then made the endorsement which I presume is in the possession of Judge Holt as nearly in the words of Payne as I could remember and added that I believed Payne had told the truth in this matter. In this, I did not by any means intend to express my own opinion of the guilt or innocence of Mrs. Surratt, but simply that I believed Payne had told the truth according to the best of his knowledge and belief. (152–53)

Believing that Hartranft’s letter expressed his personal—not just his official— views, Anna Surratt wrote to the general two days after her mother’s execution to thank him for his “kindness” on her behalf. The grieving daughter managed at the same time to vent some of her anger at President Johnson’s refusal of mercy—and at the icy treatment she had received at the White House in her quest for clemency. The letter shows a family building the foundation blocks for a century-and-a-half of insistence that Mary Surratt had been convicted and executed unfairly. 12. Guy W. Moore, The Case of Mrs. Surratt: Her Controversial Trial and Execution for Conspiracy in the Lincoln Assassination (Norman, Okla.: University of Oklahoma Press, 1954), 60. 13. Brevet Major-General John F. Hartranft, National Archives and Records Administration, Record Group 153, JAO, Box 3, unnumbered item. Hartranft’s endorsement is on the second page of Father Walter’s statement.

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Washington D.C. July 9, 1865 Genl. Hartranft Genl. Hancock told Mr. Holohan14 that you had some things that belonged to my poor Ma, which, with my consent you would deliver to him. Don’t forget to send the pillow upon which her head rested and her prayer beads, if you can find them—these things are dear to me. Someone told me that you wrote to the President stating that the prisoner Payne had confessed to you the morning of the Execution that Ma was entirely innocent of the President’s assassination and had no knowledge of it. Moreover, that he did not think that she had any knowledge of the assassination plot, and that you believed that Payne had confessed the truth. I would like to know if you did it because I wish to remember and thank those who did Ma the least act of kindness. I was spurned and treated with the utmost contempt by everyone at the White House. Remember me to the officers who had charge of Ma and I shall always think kindly of you. Your Respectfully— Anna Surratt15

There was little if any concern for Powell, Atzerodt, or Herold. No one doubted their role in Lincoln’s assassination. Mary Surratt was another matter, however, and her advocates continued pressing—as they do to this day—for her vindication. Now, as then, it is a futile effort. Like Dr. Mudd, she may have known nothing of Booth’s decision to change his plot from capture to murder, but in the eyes of the law it did not matter. Booth’s plot had begun and ended as a conspiracy, and all of its participants were involved. In the end, the nation was satisfied that Secretary of War Stanton’s edict—to remove the stain of inn0cent blood from the land—had been fulfilled. 14. John T. Holohan lived at the Surratt boardinghouse with his wife and children. 15. Elizabeth Steger Trindal, Mary Surratt: An American Tragedy (Gretna, La.: Pelican Publishing Co., 1996), 229.

Afterword Hartranft’s Postwar Life His most perilous assignment behind him, John Frederick Hartranft went home in triumph to Norristown, Pennsylvania, and quickly converted his sudden and unexpected prominence to political success. Now officially a Republican, he was nominated for commonwealth auditor general in August 1865 (reportedly miffed that he did not vault immediately into contention for governor). That fall, Hartranft had more difficulty winning office than he had reckoned, barely eking out a victory in a strong Republican year, dogged by charges from the Democrats that he had behaved inhumanely in participating in Mary Surratt’s execution. (Some years later, in 1873, he was compelled to deny John T. Ford’s assertion that he and Judge Holt had cruelly kept Mrs. Surratt “in manacles . . . in presence of the court.”)1 In politics as in the army, Hartranft rose slowly but steadily. He secured the Republican gubernatorial nomination in 1872 and won election that fall. Reelected in 1876, he spent much of his second term battling economic woes and confronting labor unrest, which manifested its most violent face in the lawless gang known as the “Molly Maguires.” In one postwar incident bearing eerie resemblance to Hartranft’s experience at the Old Arsenal Prison, Pennsylvanians waited breathlessly as their governor considered a pardon for a convicted murderer and Molly member named Jack Kehoe. But like Andrew Johnson in the Surratt case, Hartranft re 1. Hartranft to Holt, September 4, 1873, quoted in Thomas R. Turner, Beware the People Weeping: Public Opinion and the Assassination of Abraham Lincoln (Baton Rouge, La.: Louisiana State University Press, 1982), 158.

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mained unsympathetic to the voices favoring leniency, and like Surratt before him, Kehoe went to his death on the gallows. Historians since—the few who, like A. M. Gambone, have examined Hartranft’s career in the statehouse— remain divided on the issue of whether the governor had earlier tried appeasing the vigilante Molly Maguires. But they agree that the trials and executions that marked Hartranft’s final years in office effectively ended the mob’s reign of terror in post–Civil War Pennsylvania. Hartranft had aspired even higher. In 1876, he raised no objections when the state’s Republican boss, Senator Simon Cameron, a onetime secretary of war under Lincoln, launched a Hartranft-for-president boom. Cameron never believed Hartranft could win the nomination, much less the election. His purpose was to crowd the field in order to deflate enthusiasm for a potential thirdterm bid by President Ulysses S. Grant, whose administration had been rocked by scandal.2 It would be understandable if the general caught a case of presidential fever in the process. Had he not been a surveyor and self-taught lawyer—just like the immortal Lincoln? But rather quickly, caught between pro-Grant factions and leaders supporting Governor Rutherford B. Hayes of Ohio, Hartranft was exposed as a pawn in the internecine war for power among Republican leaders desperate to hold on to the White House after sixteen years in power. Hartranft’s trial balloon quickly fizzled. Though he garnered as many as seventy-one votes during the seven ballots for the presidential nomination at the Republican convention that June, most from his own boss-controlled home-state delegation, Hayes ultimately prevailed, going on to win the White House in one of the most controversial and hotly disputed presidential elections in American history. Close-mouthed as ever, the Pennsylvania favorite son left no record of his reaction to the modest flourish of White House support that the onetime village engineer received in the centennial year of American independence. With typical attention to duty, Hartranft returned to his gubernatorial responsibilities and to the growing violence erupting between management and labor in the mine and railroad industries. At one point, the old general even took personal command of a unit of soldiers under orders to shoot if necessary to quell two weeks of worker riots in Philadelphia. Hartranft used this opportunity to help reform Pennsylvania’s National Guard system, his last major accomplishment as the state’s chief executive. In gratitude, his successor named Hartranft to the mostly honorary post of major general and division commander—a 2. A. M. Gambone, Major-General John Frederick Hartranft: Citizen Soldier and Pennsylvania Statesman (Baltimore: Butternut and Blue, 1995), 243.

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rank he held for the rest of his life. His two terms as governor behind him, Hartranft retired from politics at the young age of forty-eight and returned home to Montgomery County, taking up a role that Abraham Lincoln had occupied on his way up, rather than down, the political ladder: postmaster. His old ally and near-foe Rutherford B. Hayes came to Hartranft’s rescue near the end of his White House term in 1880 by appointing him collector of the port of Philadelphia, a highly lucrative patronage plum that paid its occupants a percentage of every piece of merchandise entering through the port. He held the job for five years, surviving the ascent of Presidents James A. Garfield and Chester Alan Arthur (who, like Hartranft, was a Fredericksburg veteran who had become collector of a major port, in his case, New York). Hartranft undoubtedly made a small fortune in the process. In 1888, three years after he vacated the Philadelphia post, Congress named Hartranft manager of the National Home for Disabled Volunteer Soldiers. The following year, the nation’s new president, Benjamin Harrison, in whose inaugural parade the former general rode horseback at the head of the Pennsylvania National Guard, appointed him to the Cherokee Commission, and later in 1889 he became an official state delegate to the Exposition Universelle in Paris, affording him his first opportunity to go abroad. Despite declining health, Hartranft continued accepting assignments to private and public veterans’ boards and commissions, but one more political opportunity—the prestigious post of federal commissioner of pensions—was lost because the old general simply grew too ill to remain in contention for the job. Suffering from Bright’s disease, Hartranft went into a swift decline complicated by pneumonia. On October 17, 1889, after his kidneys failed, Hartranft died quietly in the Pennsylvania hamlet of Norristown. He was two months shy of his fifty-ninth birthday.3 Never quite a military hero, little more than an honest caretaker as governor, and reluctant to share his thoughts or record his unique experiences either in life or for posterity, John Frederick Hartranft was destined to fade swiftly into obscurity. He did. Although thousands of mourners attended his splendid funeral, and admirers preserved his memory in monuments and statuary (a cigar brand was even named in his honor), the twentieth century was not kind to his memory. Today, Hartranft’s larger-than-life bronze equestrian memorial sits nobly in front of the Pennsylvania State Capitol in Harrisburg. The work of French-born sculptor Frederick Wellington Ruckstull (1853–1942),

3. Ibid., 242–54.

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it was commissioned by the state legislature at a cost of $18,000.4 But few who pass in its shadow know that this uniformed man on the horse once captured Fort Stedman, served two terms as governor, and even flirted with the nation’s highest office—much less sympathetically guarded and dutifully saw to the execution of the Lincoln assassination conspirators. Hartranft never rose to higher military rank than brevet major general. His military career was permanently crippled by the infamous defection of his regiment in the face of the first battle of the Civil War. But in the one instance in which he was asked to make history—unguided by precedent and buffeted by public concern—John Frederick Hartranft, as his Letterbook shows, quietly exhibited two quintessential American characteristics: compassion and firmness. He became the nation’s symbolic prison warden responsible for the criminals who had conspired to murder its president, Abraham Lincoln. In this providential test, Hartranft not only guarded the prisoners accused of trying to destroy the government but, in the end, helped safeguard the government itself, and the laws that bind it.

4. Pennsylvania Act no. 475.

Judge Advocate General Joseph Holt Library of Congress

Assistant Judge Advocate John A. Bingham Courtesy Edward Steers, Jr.

Assistant Judge Advocate Henry L. Burnett Courtesy Roger D. Hunt

Attorney General James Speed Courtesy Edward Steers, Jr.

Secretary of War Edwin M. Stanton Courtesy Edward Steers, Jr.

President Andrew Johnson Courtesy Edward Steers, Jr.

Major General David Hunter, president of the military tribunal Courtesy Edward Steers, Jr.

Major General Winfield S. Hancock, commander, Middle Military Division Library of Congress

The cellblock of the old federal penitentiary in Washington, in a view published in Harper’s Weekly, July 8, 1865. The Lincoln conspirators were housed here on the upper third tier in cells formerly used for female prisoners. Courtesy Surratt House Museum

The staff of Brevet Major General Hartranft on the day the conspirators were hanged. They pose seated in the chairs that were soon to be used on the scaffold by the condemned prisoners. Seated left to right: Captain Richard A. Watts, 17th Michigan Volunteers; Lieutenant Colonel William H. H. McCall, 200th Pennsylvania Volunteers; Brevet Major General John F. Hartranft; Colonel Levi A. Dodd, 211th Pennsylvania Volunteers; Captain Christian Rath, 17th Michigan Volunteers. Standing left to right: Lieutenant Colonel George W. Frederick, 209th Pennsylvania Volunteers; Second Lieutenant David H. Geissinger, 205th Pennsylvania Volunteers; Surgeon George L. Porter. Photograph by Alexander Gardner. Courtesy Hartranft Collection, Pennsylvania State Archives

The nine-member military tribunal together with the prosecuting judge advocates. Seated left to right: Lieutenant Colonel David R. Clendenin, Brevet Colonel Charles H. Tomkins, Brigadier General Albion P. Howe, Brevet Brigadier General James A. Ekin, Major General David Hunter, President, Brigadier General Robert S. Foster, Assistant Judge Advocate John A. Bingham, Judge Advocate General Joseph Holt. Standing left to right: Brigadier General Thomas M. Harris, Major General Lew Wallace, Brevet Major General August V. Kautz, Brevet Colonel Henry L. Burnett. Library of Congress

Engraving from Frank Leslie’s Illustrated Newspaper showing the interior of the courtroom. The conspirators are depicted at the back of the room seated behind a railing, with the members of the tribunal seated at the table to the right. Library of Congress

David Lewis George Michael Edman Samuel Samuel Exit to Herold Powell Atzerodt O’Laughlen Spangler Mudd Arnold prisoner’s cells GUARD GUARD GUARD GUARD GUARD GUARD

Mary Surratt

Reporters

Judge Advocate

Defense lawyers

Witness stand

Court recorder

Military Commission

Evidence table

The floor plan of the courtroom based on sketches made by artists during the trial. Drawing by Kieran McAuliffe, reproduced by permission

Samuel Bland Arnold Library of Congress

George Andrew Atzerodt Library of Congress

Samuel Alexander Mudd Courtesy Surratt House Museum

David Edgar Herold Library of Congress

Michael O’Laughlen Library of Congress

Lewis Thornton Powell, alias Paine or Payne Courtesy Betty Ownsbey

Edman Spangler Library of Congress

William “Willie” Storke Jett Courtesy Surratt House Museum

The padded hood worn by Lewis Powell Library of Congress

Mary Elizabeth Surratt Courtesy Surratt House Museum

Original clemency recommendation for Mary Surratt. After finding her guilty and sentencing her to death by hanging, five members of the tribunal wrote to President Johnson recommending clemency. (Ekin’s and Tomkins’s signatures are not reproduced here for lack of space.) Although Joseph Holt claimed he showed it to the president, Johnson insisted he never saw it. The Mary Surratt case became a cause célèbre among those who believed she was an innocent victim of what some defenders termed “judicial murder.” Others insisted and continued to believe that she was a conspirator with knowledge of John Wilkes Booth’s plot to capture Lincoln and carry him to Richmond. Records in the surviving Confederate archives list both her boardinghouse in Washington and her tavern in southern Maryland as “safe houses” for Confederate agents. Courtesy National Archives and Records Administration

Pencil sketch of Dr. Samuel Mudd by tribunal member Major General Lew Wallace Courtesy Indiana Historical Society

Colonel Levi Axel Dodd, who was ordered to deliver the conspirators sentenced to prison terms to Fort Jefferson, located off the coast of Florida. Dodd (with Captain George Dutton and Navy paymaster William Keeler) later reported that while en route to Fort Jefferson, Mudd admitted knowing that it was John Wilkes Booth who came to his house on Saturday morning, April 15, seeking medical aid, and that he knew Booth had assassinated Abraham Lincoln. Dodd later was breveted brigadier general for his service during the imprisonment of the conspirators. Courtesy Hartranft Collection, Pennsylvania State Archives

Fort Jefferson, located in the Dry Tortugas Islands. Mudd, Arnold, O’Laughlen, and Spangler were imprisoned here. O’Laughlen died here of yellow fever in 1867; Mudd helped minister to the sick during the epidemic. Mudd, Arnold, and Spangler were pardoned by President Johnson in 1869 after serving just under four years of their sentences. Courtesy National Park Service

Christian Rath, who was assigned the unpleasant task of hangman Library of Congress

Sections from the four ropes allegedly used to hang the condemned conspirators. The rope on the far left bears a label that reads “Surratt.” The label on the third rope reads “Herold.” Courtesy Hartranft Collection, Pennsylvania State Archives

The scaffold and empty chairs await the condemned while a group of soldiers and reporters observe the grim scene. Courtesy Hartranft Collection, Pennsylvania State Archives

Pass issued by Major General Winfield Hancock to E. I. Booreman to witness the execution of the four condemned prisoners on July 7. Courtesy Hartranft Collection, Pennsylvania State Archives

The execution completed, the bodies are allowed to hang at the end of their ropes. From left to right: Mary Surratt, Lewis Powell, David Herold, and George Atzerodt. Photograph by Alexander Gardner. Courtesy Hartranft Collection, Pennsylvania State Archives

John Frederick Hartranft (1830–1889), by Antony Lamor, oil on canvas. Gift of an anonymous donor on the occasion of the sitter’s retirement from the office of Governor of€Pennsylvania. Courtesy of the Abraham Lincoln Foundation of the Union League of Philadelphia

IIâ•… The Letterbook

Transcribed and Annotated

Editors’ Note The long-ignored original material that is reproduced and annotated on the following pages was first generated by military clerks working under intense pressure in the tumultuous aftermath of the Lincoln assassination. Invariably, each of these clerks had his own individual, often quirky, style of recording messages, orders, and reports. As a result, variations in spelling, capitalization, and punctuation occur within the surviving documents. Believing that readers would best benefit from access to unaltered transcripts, we have elected to make no changes in these texts. No effort was made to standardize the material, however inconsistent. We have reproduced the text of these documents without correcting spelling, capitalization, punctuation, or any other peculiarities of the original writers, including the occasional repeated or omitted words. The exception to this rule is found in the heading, salutation, and closing of each document, all of which are treated consistently in block format rather than indented stair-step style as in most of the original letters. Every page of the Letterbook has a boldface numeral printed in the upper corner of the page. We have included these numerals in the outside margins of our text so that the reader can tell on what page the entry appears in the original Letterbook. In a further effort to give modern readers a sense of how these documents were first crafted, we have retained the editing and correcting marks employed by the writers themselves in 1865. Words or phrases that were inserted into the documents are bordered by carets (“^”). Words or phrases stricken by the original writers are shown as “strike through.” The use of many modern editors’ favorite tool, the promiscuous, cautionary sic, has been kept to an ab-

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solute minimum: it is generally used only to correct misspelled proper names. The only overarching change we have imposed on the material is to standardize superscript (frequently employed at the time for dates or abbreviations). Occasionally, to provide needed clarification—rarely enough, we hope, to prevent distraction—we have supplied explanatory material. We have inserted bracketed words or phrases only when we felt it necessary to shed light on details within these original reports. Notes are offered below the text of each document to introduce the characters and events often mentioned only casually by the original writers. Throughout the arduous process of transcribing and annotating these handwritten documents, our goal has been to exhume and preserve the documents, and provide the necessary context for comprehending them without violating their original style. We hope we have provided an accurate and intelligible record worth reading and remembering.

Rules of the Prison Index to the Rules of the Prison Par 1 Appointing Military Governor or Assistants " 2 Ordering detail of Guard for the Interior " 3 Selection of the Guard " 4 ^Before^ Relieving the Guard, all names to be Registd " 5 No Sentinel placed on the same post twice " 6 Sentinels relieved every two hours " 7 Field Officers to be on Six hours each at a time " 8 Keys kept by Mil. Gov. who inspects prisoners twice every 24 hours " 9 Medical Inspector and his duties " 10 Gov.’s Report to Gen. Hancock & its contents " 11 Med. Inspectors Reports to be forwarded " 12 Who shall have access to & communication with prisoners " 13 Prisoners not allowed to communicate with sentinels " 14 The Entrance of the Prison. Where? " 15 When shall the cells doors be opened? " 16 Fires, Lights, Matches & smoking prohibited " 17 With what shall the prisoners be supplied " 18 Escape or Suicide of Prisoners " 19 Under What circumstances shall the Gov. secure Prisoners " 20 Turnkeys & their duties " 21 Detectives & their Duties " 22 Position of Corporal of Guards & their Duties

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23 Officers on duty with Interior Guard 24 Interior Guard not leave Enclosure & how supplied 25 Number of Outside Guard 26 Officers & Soldiers to be uniformed and equipped while on duty 27 Outside door to be locked when cells ^opened^ to be noted on the records. 28 Other Rules to be made by the Governor Head Quarters Mid. Mily. Divn. Washington, D.C. April 29th 1865.

1. Bvt. Maj. Gen. J. F. Hartranft, U.S. Vols. is hereby appointed Military Governor of the Military Prison at the U.S. Arsenal, Washington, D.C., and Commander of the troops assembled for it’s defense. He will select two field officers to assist him in his duties and will report their names to these Head Quarters. 2. A sufficient guard for the interior of the Prison will be detailed daily by the Commander of the Defenses of Washington to report to the Military Governor. No guard will be detailed a second time for this service. 3. The guards will be selected from the best troops in the Department of Washington, and will be sent daily, at 9 a.m., with a Staff Officer to report to Bvt. Maj. Gen. Hartranft. They will be detailed for special service—and no one will be informed of the nature of their duties until Genl. Hartranft receives them. No person will be detailed for this guard who does not understand English and speak it correctly. 4. Before a guard relieves the previous guard, the names of all the officers and men on guard, together with the Posts upon which they are detailed and the number of the cell which each man guards, will be noted on the records of the Prison. 5. No Sentinel will be put on the same Post more than once during his tour of 24 hours. 6. Sentinels will be relieved every two hours. 7. The two field officers selected will each be on duty six (6) hours at a time marching on evenly with the reliefs of the guards. 8. The keys of the Military Prison will be kept by the Military Governor, who will make a personal inspection of each prisoner at least twice every twenty four (24) hours.

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9. A medical officer will be assigned to make a medical inspection daily with the Governor twice in twenty four hours. This inspection will be made in the presence of the Governor, and at the same time he makes his inspections. 10. The Governor will make a report daily, by 11 A.M., to Maj. Gen. Hancock, stating how often he has visited the prisoners personally and the hours— noting any circumstances that may have occurred which should be reported— the names of all persons who have been authorized to visit the Prison, and the authority therefor, and will enclose all their passes—with a record of the time of each visit and it’s duration. He will also report all delinquents. The Reports of the Governor will be made from his daily memoranda. 11. The Medical Officer assigned to inspect the Military Prison will make reports of his daily inspections, which will be forwarded with that of the Governor. 12. No person whomsoever will have access to the Prisoners in confinement or hold any communication with them, unless authorized by the Secretary of War under his own personal signature transmitted through Maj. Gen. Hancock under his personal signature, and accompanied by a Staff Officer who recognizes the person to be admitted, except the military Governor, & the officer who may be assigned to duty as Medical Inspector—and the field officer on duty in such cases as may herein after be provided for. 13. The prisoners will not be allowed to communicate either verbally or in writing anything to the sentinels—or in any manner other than to express a desire to have medical attendence, or for other necessary purposes the sentinel will then call the Corporal of the Guard, with the number of the cell, who upon ascertaining from the sentinel what is desired will report it to his next superior officer and so on until it reaches the Field Officer on duty who will be governed according to the circumstances of the case and his instructions. 14. There will be but one entrance to the Prison, and that through the Governors front. 15. The prison ^cell^ doors will only be opened in the presence of the Governor, except it be necessary to take in provisions or water or to enable the prisoners to obey calls of nature, where the Field Officer on duty will be present. At this time as well as all others no conversation of any kind will be allowed with prisoners. 16. No fires lights matches or smoking will be allowed within the walls of the enclosure of the Prison, nor by the sentinels on the walls, nor near the walls outside. 17. The prisoners are to be supplied with nothing but necessary food and water during their imprisonment unless by special order received under the

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personal signature of Maj. Genl. Hancock, by order of the Secretary of War and the Military Governor will be responsible for preventing any knives spoons or other articles from going into the possession of any prisoner, wherewith he may attempt to escape or take his own life or injure his person. Too great care on this point cannot be observed. The food and water will be supplied in small quantities, and at such hours as may be directed by the Medical Inspecting Officer. 18. No prisoner will be allowed to escape alive, or to defeat the ends of justice by self destruction. 19. The military Governor may receive prisoners under the personal order of the Secretary of War, from well known agents. 20. A suitable number of Turnkeys not to exceed four will be selected from Sergeants of the Army, and will not be allowed to leave the prison, until they shall have been finally relieved. They will be regularly relieved commencing at the same hour as the sentinels—and will be on for stated times—for two, four or eight hours as the Military Governor may think proper—and a record will be made of it on the guard book. 21. Four detectives will be placed in the prison, who will relieve each other regularly, commencing with the same hours of relief as the sentinels, and a record of it will be made in the guard book. They will be supplied with provisions cooked outside. They will not be authorized to hold any communication whatever with the prisoners, nor with the sentinels on duty. 22. A Corporal will be stationed on the ground floor, on each side of the Prison continuously during each relief, whose business it will be to observe whether the sentinels do their duty, and to answer all calls. 23. One Captain or Subaltern and one Sergeant will also be on duty with each relief, and will remain inside of the Prison during the entire tour. 24. The guard on duty inside the Prison will not be allowed to leave the enclosure under any circumstances during their whole tour of duty—24 hours. They will be supplied with one day’s cooked rations when they march on guard. Their canteens will be filled with water when they march on, and any other water that may be needed will be supplied, under such regulations as the Military Governor may direct, by details from the outside, who will not be permitted to enter the prison. 25. A guard of a regiment will be detailed by Maj. Gen. Augur, Comdg. Dept. of Washington for service outside of the Prison, to be relieved daily by him at 11 A.M. This guard to be increased at any time upon the application of the Military Governor.

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26. Every officer and soldier will be uniformed and equipped during his tour of guard. 27. On any occasion before the door of any cell is opened, the outside door of the Prison leading into the Governors room will be invariably closed and locked. When the door of any cell may be opened, even when only to allow a prisoner to obey a call of nature, or to pass in food or water, it will be noted on the Record of the Prison. And when a key is asked for by the Field Officer on duty, for any purpose, he will return it to the Governor, when the occasion for it’s use has passed, after locking the cell, and report that the cell has been locked. 28. Any other rules that may be necessary for the security of the Prisoners will be made by the Governor. Winfd Scott Hancock Maj. Genl. U.S. Mil. Com’dg M. M. Divn.

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Hd. Qrs. Mil. Prison. Washington Arsenal. April 30th 1865.

Genl. Orders No. 1. II. In obedience to orders from Hd. Qrs. Middle Military Div., I hereby assume the position of Gov. of the Mil. Prison, U.S. Arsenal, Washington, D.C. and Commander of the forces assembled for its defence. IIII. The following Officers are announced on the Staff of the Bvt. Major Genl. Commanding:

Capt. R. A. Watts, 17th Mich. Vols. A.D.G. 2d Lt. D. H. Geisinger 205th Pa. Vols. A.D.G. Bvt. Major General U.S.V.

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Hd. Qrs. Mil. Prison U. S. Arsenal, Wash. D. C. May 1st 1865. Maj. General Hancock Comdg. Middle Mil. Div. Genl. I have the honor to report that I took charge of eight Prisoners in the cells of this prison, about [blank] o’clock on the 29th of April. I immediately swept out the cells and removed all nails from the walls and searched the persons of the prisoners, and took the articles mentioned and marked “A,” from their persons which I enclose. At 8 o’clock, a.m. breakfast was given to the prisoners in my presence and under my personal supervision, which consisted of coffee, soft bread and salt meat. After they had finished breakfast, the bowl containing the coffee was removed—No other article was taken into the cell. The same system has been observed at each subsequent meal. At the same hour, (8 a.m.) I also made a personal inspection of all the cells and prisoners, and found them as comfortable as could be expected under the circumstances. At 2-30. p.m. Dr. G. L. Porter1 reported by authority of the Sec. of War for his daily inspection of Prison and prisoners; he inspected the prisoners in my presence. I also made a personal examination of the cells and prisoners at this time. At 5. p.m. the prisoners were again furnished with coffee and soft bread in my presence. At 7. p.m. I received from Col. L. C. Baker, 2 by order of Sec. of War, Mrs. Surratt, and confined her in the cell previously designated. At the same time I searched her person, and took from her the articles inventoried and marked “B” which is enclosed. During the night all the prisoners were quiet, making no calls. At 7. a.m. May 1st, breakfast was furnished consisting of coffee soft bread and boiled salt pork, in my presence, at which hour I also made a personal inspection of the persons of the prisoners and cells. 8-30 a.m. Dr. Porter Medical Inspector visited the cells and prisoners in my presence and made a report a copy of which is hereto annexed. I will endeavor to follow the instructions as laid down therein. During the last 24 hours Col. Dewitt 10th V.R.C. was on duty—he is now being relieved by Col. John Mansfield 12th V.R.C. with about the same number of men. Capt. E. Steinberg, Co. K 10th V.R.C. with a special detail of 54 men has been on duty as guard within the walls of Prison. He is now being relieved by Capt. [blank] with a special detail of the same numbers of men.

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The articles as named in inventories “A” and “B” are in my possession. I would respectfully ask for instructions for their disposal. I have the honor to be Very Respectfully Your Most Obt Servt J. F. Hartranft Bvt. Major Genl Gov. and Comdr. Mil. Prison 1. Dr. George Loring Porter, assistant army surgeon, served as the medical officer of the Washington Arsenal, and was assigned to Hartranft’s staff specifically to look after the medical condition of the prisoners. 2. Colonel Lafayette C. Baker, head of the National Detective Police (NDP), an agency within the War Department that after the war became the Secret Service.

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Hd. Qrs. Mil. Prison U.S. Arsenal Wash. D.C. May 2d 1865.

Maj. Genl. Hancock Comdg. Middle Mil. Div. Genl. I have the honor to report that during the last twenty four hours, the prisoners have been quiet; and that nothing unusual has occurred on their part worthy of mention. At 12. M. May 1st 65. The prisoners were furnished with Beef soup, Boiled beef and soft bread—After the prisoners had finished their meal (the doors were locked) and the bowl containing the soup removed, no other article having been taken into the cells—this was done under my supervision, and at the same time made inspection of the prisoners and cells. At 6 p.m. coffee and soft bread was furnished prisoners in the usual manner. At the same hour I made inspection of the cells and prisoners. By order of the Secretary of War, and under your instructions, Maj. Eckert, James L. McPhail, John L. Smith and Charles Courier1 were admitted to see the following prisoners yesterday, as follows, viz:—At 8:20. p.m. opened cell 161.2 Removed the hood from prisoner.3 He stood up, Courier looked at him through the opened door a moment, and then passed away, immediately afterward McPhail and Smith entered the cell, I then locked the door, moved the sentinel

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away from the door, and permitted no one to be so near the cell as to hear the conversation. They remained in the cell until 10:12. p.m. immediately after which the hood was replaced and the door locked at 10:27 p.m. At 8:50. p.m. I opened cell 195, removed the hood from prisoner and Major Eckert entered the cell. I closed the door. (not locking it.) and removed the sentinel and allowed no one in hearing distance of the conversation in cell. At 9:43. p.m. Maj. Eckert came out of the cell and Courier passed to the cell and looked upon the prisoner through the opened door, after which he passed away—the hood of the prisoner was then replaced and the door closed and locked at 9:50 p.m. At 9:52 p.m. I opened cell No. 170 and removed this hood of the prisoner. Courier and Eckert came to the door and looked upon the prisoner. They passed away—the hood was immediately replaced and the door locked at 10.8. [sic] p.m. these cells were opened,—hoods removed and the parties above named permitted to enter the cells, or look upon the prisoners, by the request of Major Eckert. During the night everything was quiet—the prisoners making no calls. At 7. a.m. May 2d Coffee—soft bread and boiled meat was furnished the prisoners in the usual manner, in my presence; at the same time I made inspection of the cells and prisoners. The Surgeons4 daily visit hereafter be at 12. M. each day:—accompanying this you will please find Surgeon’s Report of May 1st 1865. I have the honor to be Very Respectfully Your Most Obt. Svt. Bvt. Major Genl. Gov. and Comdr. Mil. Prison. 1. Major Thomas T. Eckert was assistant secretary of war and head of the War Department’s Military Telegraph Bureau. James L. McPhail was the Maryland provost marshal, stationed in Baltimore. McPhail was responsible for the arrests of Samuel Arnold and Michael O’Laughlen. John L. Smith was the brother-in-law of George A. Atzerodt and a detective on McPhail’s staff. The identity of Charles Courier is unknown. 2. The prisoner in cell 161 was George A. Atzerodt. McPhail and Smith were granted permission to visit Atzerodt, during which time Smith took down a seven-page statement by Atzerodt implicating Dr. Samuel Mudd and Mary Surratt. The statement, known as the “Lost Confession,” disappeared, only to surface in 1977, discovered by Joan L. Chaconas in the papers of William E. Doster, the court-appointed attorney for Atzerodt. 3. The six prisoners charged with Lincoln’s murder were ordered to wear canvas hoods while in their cells. The hoods were removed when the prisoners were moved about or examined, and during meals. 4. Dr. George Loring Porter. See note 1 of previous report.

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Hd. Qrs. Mil. Prison U.S. Arsenal, Wash. D.C. May 2d 1865.

Col. Taylor A. A. Genl. etc. Colonel. I have the honor to request that the following named enlisted men be ordered to report to me for duty as clerks. Private John M. Stanver, 205th Pa. Vols. "â•… Alfred C. Gibson, 215th " " both of the 3d Div. 9th A.C. I am Colonel Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. & Gov. & Com’dr. Mil. Prison

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6 Hd. Qrs. Mil. Prison U. S. Arsenal Wash. D.C. May 2d 1865.

Maj. Genl. Hancock. Comdg. Middle Mil. Div. Genl. I have the honor to forward the names of the Field Officers to be appointed as my assistants in conformity with your instructions. Col. Levi A. Dodd 211th Pa. Vols. Lt. Col. William H. H. McCall 200th╇ "╅ " both belonging to 3d Div. 9th A. C. I am General, Very Respectfully Your Most Obt. Svt. J. F. Hartranft Bvt. Maj. Genl. and Gov. and Comdr Mil. Prison.

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Hd. Qrs. Military Prison Washington Arsenal May 2d 65. 9.10 p.m.

Maj. Benton Dear Sir, Maj. Genl. Hancock directs me to have a stairway made from the second story to the Court Martial room, so that persons going to the court need not pass through the prison—Will you give the necessary orders and have the work commenced as early as possible in the morning. I am your most Obedient Servt. J. F. Hartranft Bvt. Maj. Genl. etc. 7

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Hd. Qrs. Mil. Prison, U.S. Arsenal. Wash. D.C. May 2d 1865.

Maj. Gen. Augur1 Comdg. Dept. Wash. Genl. I have the honor to request that the Interior Guard of this prison be increased by an addition of two (2) Corporals, and eight (8) privates making in all two (2) Lieutenants, three (3) Sergeants, nine (9) Corporals and forty-eight (48) privates an aggregate of sixty two. (62) I am General Very Respectfully Your Most Obt. Svt. J. F. Hartranft Bvt. Maj. Genl and Gov. & Com’dr. Mil. Prison. 1. Christopher Columbus Augur commanded the 22nd Army Corps and was in charge of the defenses of Washington.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 3d 1865.

Maj. Benton, Maj. Genl. Hancock directs me to procure from you a list of the names of the persons under your employ, who will of necessity have to pass through the gate at this Arsenal between dusk and daylight. The Maj. Genl. desires that the number be as small as possible and also that no passes be issued to pass during the night. I am Maj. Very respectfully Your Obt. Servt Bvt. Maj. Genl Gov. and Comdr. Mil. Prison.

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Hd. Qrs. Mil. Prison U.S. Arsenal Wash. D.C. May 3d 1865. —10 A.M.

Maj. Gen. Hancock Comdg. Mid. Milty. Div. General, I have the honor to report that at 10:30 A.M. May 2d I opened the cells one at a time, and had them swept out, and the bedding shook in the open air, I also, at the same time made an inspection of the cells & prisoners. At 12. M. bread and meat was furnished to the prisoners in the usual manner and in my presence. Dr. G. L. Porter, Med. Inspector, at this hour made his daily visit of all the cells and prisoners in company with myself, and together we made inspection of the same. The written report of this visit, made by Dr. Porter is respectfully forwarded herewith. At 4 P.M. I furnished a cup of tea to prisoner 157 [Mary Surratt] by direction of Dr. Porter, Med. Inspector—this prisoner did not eat anything during the entire day of May 2d. At 6 P.M. bread and coffee was again furnished all of the prisoners in the usual manner, except prisoner 157 who did not eat it. At the same hour

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I made inspection of all the cells and prisoners, and I also gave the slippers furnished by Dr. Porter to prisoners in 157 and 195 [Surratt and Powell]. The other prisoners preferred to have their shoes or boots on in order to keep their feet warm. The prisoner in 161 is very anxious to see James McPhail, Provost Marshal of Baltimore.1 Mr. McPhail did not visit this prisoner when he was here on the evening of May 1st. During the night every thing was quiet—the prisoners making no calls. At 6:40 A.M. May 3d all the prisoners were furnished with coffee, cold beef and soft bread in the usual manner, except prisoner in 157 who was furnished with a cup of tea; this prisoner has eaten nothing since the evening of May 1st 6 P.M. I am General Very Respectfully Your Most Obt. Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison

1. More correctly, Maryland provost marshal, with offices in Baltimore.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 5th 1865

Maj. Genl. Hancock Comdg. Mid. Milty. Div. Genl. I have the honor to report that at 10:20 A.M. May 4th I received from Colonel Baker, Dr. Samuel A. Mudd, and Capt. Willie Jett in accordance with Orders of Sec. of War & your instructions.1 They were both searched and their effects taken charge of by me, inventories of which are herewith enclosed. Dr. Mudd was placed in Cell No. 176 and Capt. Jett in No. 211 in accordance with your instructions. At 12:15 P.M. bread, meat and water was served to the prisoners in the usual manner. The prisoner in 157 [Surratt] again refused to eat, saying she had no appetite. She drank a very little tea. Agreeable to your instructions at 4:30 P.M. I removed the prisoner in 157 to Cell No. 200—This prisoner desires to see Father Boyle, Priest of St. Peter’s church, Washington, D.C.

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At 4.50 the prisoner in 190 [Spangler]was removed to the adjoining cell, his hood and “Hand cuffs” removed and in the presence of Lieut. Col. McCall he washed his person—he was furnished with clean underclothing and change of bedding and 5.15, after having his hood and irons replaced, he was taken back to his cell and the door locked. At 4.50 opened cell 161 [Atzerodt], removed prisoner to an adjoining cell,— removed his hood and “Hand cuffs,” and he washed his person in presence of Col. Dodd,—he was furnished with clean under clothing except drawers which could not be changed on account of the ball attached to his leg—the ball could not be removed as the fastenings to the limb were riveted—his hood and irons were then replaced and he taken back to his own cell, and at 5.15 the door was locked. Prisoner in 176 [Mudd]2 wishes to write a letter to his wife— also a letter to the Keeper of “Old Capitol Prison.”3 Prisoner in 190 expressed a desire several days ago to write to his wife. Prisoner in 211 [Willie Jett] also wishes to write home—this prisoner desires to see a chaplain or any minister of the Gospel, an Episcopalian preferred. At 7 A.M. May 5th bread, cold pork & coffee were furnished the prisoners in the usual manner. The prisoner in 200 [Surratt] ate one slice of toast-bread and drank a cup of tea. At this same hour, Surg. Porter and myself made inspection of all the prisoners and their cells. I would respectfully request that Lieut. Col. Geo. W. Frederick 209th Pa. Vols be ordered to report to me for duty as Field Officer in the Prison—The duty being too onerous for two officers. I would also respectfully suggest for your consideration that the Court Martial room and adjoining rooms and the stairs leading to these rooms be covered with matting. It will require at least four hundred yards of material—one yard in width. I am General, Very Respectfully Your Most Obt. Servt. Bvt Maj. Genl and Gov. and Comdr Mil. Prison. 1. Dr. Mudd was arrested at his home on Monday, April 24, and imprisoned in the Carroll Annex of the Old Capitol Prison in Washington. William “Willie” S. Jett was a private (not a captain) in the Confederate 9th Virginia Cavalry. Jett was one of three Confederate soldiers who accompanied Booth and Herold across the Rappahannock River on April 24 and found lodging for the two fugitives at the home of Richard Garrett near Bowling Green, Virginia. 2. Interestingly, there is no record in the Letterbook that Mudd’s wife visited him while he was imprisoned. 3. Colonel William P. Wood, superintendent of the Old Capitol Prison.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 4th 1865.1

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that at 10 A.M. May 3d I opened the cells, one at a time, had them swept out—bedding taken out doors and shaken. At 12.20 served dinner to the prisoners—consisting of bread, cold beef and water, in the usual manner. Dr. Porter and myself, at the same time made an inspection of all the cells and prisoners. At 1.45 p.m. in obedience to orders of the Sec. of War, under his personal Signature, transmitted to me under your personal signature, I admitted James McPhail to see prisoner in 181 [O’Laughlen]2 with his hood removed, he remained in the cell with him until 2.30 p.m. In the meantime the door was locked and all persons removed from it, so as not to hear any of the conversation. From 4.50 to 7 p.m. the prisoners in cells 184, 195, 205, 170 [Arnold], 181, 209 [Celestino]. were taken into an adjoining cell, with a blanket placed over the door, the hood and irons were removed and they washed their persons with water provided for that purpose; they were afterward furnished with clean underclothing, and clean bedding—only two cells were opened at one time and the prisoners thereof did their washing, either in the presence of myself or one of my Field Officers. The prisoner in 195 [Powell], after he had finished washing himself, as I was about leaving the cell, and about to lock the door, said, “General, I would like to talk to you if you would condescend to do so—I do not mean now, but when you have time.” I answered “I have no time.” At 6 p.m. Dr. Porter, Med. Inspector, made inspections of all the cells and prisoners. The Surgeon’s reports of his 12. M. and 6 p.m. visits are respectfully forwarded herewith. Hereafter the daily inspections of the Surgeon will be made at 6:30 A.M. and 6 P.M. At 7. p.m. bread and coffee was furnished the prisoners in the usual manner, except the prisoner in 157 [Surratt]3 who took nothing but tea. At this time the prisoner in 157 said “I am a catholic, I would like to see the Priest.”4

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May 4th 6.30 A.M. I visited and inspected all the cells and prisoners in company with Dr. Porter, whose written report is respectfully forwarded. At 7. a.m. breakfast was furnished—consisting of coffee, bread and meat, except prisoner in 157 who refused to take anything—she took a little tea. At 8.30 a.m. a Regt. reported for duty, which in accordance with your instructions I ordered to be in readiness at a moments notice for the execution of any order I may give to it. I am General, Very Respectfully Your Most Obt. Servt J. F. Hartranft Bvt. Maj. Genl and Gov. and Comdr. Mil. Prison.

1. This entry appears out of sequence in the original Letterbook.



2. McPhail was acquainted with the O’Laughlen family, and Michael O’Laughlen turned him-

self in to McPhail on Monday, April 17, rather than cause his mother grief by being arrested in her home.

3. Mary Surratt was moved between cells 157 and 200, probably for housekeeping purposes.



4. Surratt attended St. Peter’s Catholic Church in Washington, D.C.

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Head. Qrs. Mil. Prison Washington Arsenal May 5th 1865.

Maj. Benton, In consultation with Maj. Genl. Hancock about having Gas fixtures put in the building occupied by myself and officers and the Court room. He directed me to have the same done. If it is practicable, will you please give the necessary order. Respectfully etc. J. F. Hartranft Bvt. Maj. Genl. & Gov. of Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 6th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that at 12 M. May 5th the prisoners were furnished with bread, cold meat, and water, in the usual manner. The prisoner in 200 [Surratt] ate a small slice of toast and drank some tea. Dr. Porter reported at this hour and he in company with myself made an inspection of all the cells and prisoners. At 6 p.m. coffee and bread was furnished to all the prisoners in the usual manner—the prisoner in 200 took a cup of tea and also a cup of beef tea. Every thing was quiet during the night. At 7 a.m. May 6th breakfast was served to all the prisoners, consisting of coffee, bread and meat in the usual manner—the prisoner in 200 ate a slice of toast and took a small cup of beef tea, Dr. Porter and myself, at this hour made inspection of all the cells & prisoners and drank some common tea. Dr. Porter and myself, at this hour made inspection of all the cells and prisoners. The prisoners in 176 [Mudd] and 211 [Jett] were handcuffed, and irons placed upon their feet at 9:45 P.M. May 4th. Hereafter the Surg. will make one of his daily Inspections at 12. M. instead of 6. p.m. I am General Very Respectfully Your Most Obt. Servt. J. F. Hartranft Bvt. Maj. Genl. & Gov. & Comdr. Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 7th 1865 Major Genl. Hancock Com’dg. Mid. Mil. Div. General— I have the honor to report that at 11.20 A.M. May 6th the 18th New Hampshire, Lieut. Col. J. M. Clough, 500 Muskets reported to me. I placed them in camp outside the Arsenal gate & relieved the Maine Regt. which had been stationed there the previous 48 hours. At 12. M. dinner was furnished to the prisoners, consisting of bread, meat and water, in the usual manner, except 200—who declined to have any thing— at this same hour, Dr. Porter and myself made inspection of all the cells and prisoners. At 2 p.m. in accordance with orders of the Sec. of War and your instructions I sent prisoner confined in 211, in charge of Lieut. Col. McCall to Col. Burnet, Judge Advocate, War Dept. building.1 Col. Burnet directed Lt. Col. McCall to return the prisoner to the prison, and his irons replaced. The prisoner was returned to the prison at 3:15 p.m., to bring him back at 9 p.m. The prisoner was returned to the prison at 3.15 p.m. and his irons replaced, and in accordance with your instructions the prisoner was sent back at the appointed time to Col. Burnett and was returned to the cell at 10.15 p.m. and his irons replaced. At 6 p.m. Coffee, bread and meat were served to the prisoners in the usual manner, except prisoner in 200, who was furnished with a slice of toast and tea. Every thing was quiet during the night. At 7 o’clock this A.M. breakfast was furnished to all the prisoners, consisting of bread & coffee, except prisoner in 200, who was furnished with tea and toast. At this hour the Medical Inspector and myself made inspection of all the cells and prisoners. I am Genl. very Respectfully, Your Obt. Servt. Bvt. Maj. Genl. and Gov. & Comdr. Mil Prison 1. Henry L. Burnett, special judge advocate. Burnett was put in charge of gathering evidence and assisting Judge Advocate General Joseph Holt in preparing the prosecution’s case against the defendants.

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Hd. Qrs. Mil. Prison. Wash. Arsenal May 8th 1865.

Major Genl. Hancock Comdg. Midl. Mil. Div. I have the honor to report that during the last 24 hours the regular meals were furnished to all the prisoners consisting of the same kind of food previously given them, and in the usual manner, the prisoner in 200 being furnished with tea and toast. At 12 M oclock Maj. Eckert, Maj. Knox and John Hatten,1 presented a pass to see the prisoner in 181 [O’Laughlen]—his hood was removed, when Major Eckert and Major Knox and myself entered the Cell. They looked upon the prisoner without speaking. Major Eckert and Maj. Knox retired for a moment. Maj. Eckert returned in company with Hatten—came into the cell again— looked upon the prisoner and retired. The hood was replaced upon the prisoner, and the cell was then closed and locked. The daily Inspections of Dr. Porter were made at the proper hours, in company with myself, the reports of which are herewith enclosed. I also enclose the pass admitting Major Eckert, Major Knox and John Hatten. I am General Very Respectfully Your Obt. Servt. Bvt. Maj. Genl and Gov. and Comdr. Mil. Prison 1. Possibly Sergeant John Hatter, who was posted at General Grant’s quarters when a man stopped there on April 14 and asked if Grant was at home.

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 9th 1865. Major Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that during the last 24 hours, the regular meals were served to the prisoners in the usual manner—the prisoner in 200 still being furnished tea and toast, and medicine, in accordance with Surgeon’s directions. The usual inspections of the Surgeon and myself were made at 12 M. yesterday and 7 oclock this a.m. The report of the Surgeon is herewith respectfully forwarded. Some of the members of the Military Commission1 assembled in the Court Room during the a.m. of yesterday and left again about 1 p.m. Having received orders from General Townsend, A.A.G.2 to report in person immediately to Gen’l. Holt, Judge Advocate General3, I turned over the cell keys to Colonel L. A. Dodd at 3:50 P.M. and reported in person to General Holt, returning as soon as possible, and again received the keys from Colonel Dodd at 5:05 P.M. I received copies of the charges and Specifications against the prisoners with directions to serve each of the accused with a copy of the same. I accordingly served the same between the hours of 6 and 10 P.M. personally—in each case I had the hood removed, entered the cell alone with a lantern—delivered the copy, and allowed them time to read it, and in several instances, by request, read the copy to them, before replacing the hood. The prisoner in 176 [Mudd] is desirous to write to a friend in the city to procure for him counsel. The prisoner in 181 is very anxious to see Marshal McPhail. The prisoner in 190 [Powell] has a ball attached to his limbs with the fastenings riveted. If permitted, I would like to remove this ball and chain and supply its place with shackels fastened with lock. I am General Very Respectfully Your Most Obt Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison 1. The nine members of the military tribunal were Major General David Hunter (President), Brigadier General Albion P. Howe, Major General Lew Wallace, Brigadier General Robert S. Foster,

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Brigadier General James Ekin, Lieutenant Colonel David Clendenin, Brevet Colonel Charles Tomkins, Brigadier General Thomas Harris, Brevet Major General August Kautz.

2. Brevet Major General Edward D. Townsend. 3. Judge Advocate General Joseph Holt, in charge of the prosecution.

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Hd. Qrs. Mil. Prison Washington Arsenal May 9th 1865.

Brig. General Rucker1 Genl. The members of the Military Commission request that you send Ambulances here as soon as possible, for the purpose of carrying them back to the city. Will you please comply. Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. Mil. Prison.

1. Brevet Major General Daniel H. Rucker, assistant quartermaster general of the army.

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Hd.Qrs. Mil. Prison May 9th 1865

Maj. Genl. Augur General, I respectfully request that Capt. Christian Rath, 17 th Mich., 1st Div. 9th Corps, be ordered to report to me for special duty in connexion with the court. Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. & Gov. Milit. Prison. In Chg. of State Prisoners

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Maj. Genl. Augur, General, I will require in connexion with the court, one Sergt., two Corporals, and ten privates of Cavalry, to report as soon as convenient, and hereafter a like number to report daily at 9 A.M. Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. and Gov. of Mil’t. Prison, In Chg of State Prisoners.

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 9th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. General, The Court requests me to furnish them a lunch each day. I would respectfully refer the matter to you, and ask for instructions. The Court also requests that Ambulances be furnished to bring them here and carry them back each day. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. and Gov. and Com’dr. Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 10th 1865. Maj. Genl. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that during the last 24 hours, the meals have been regularly served to the prisoners at the proper hours—the prisoner in 200 being furnished with tea, toast and medicine. At 11 o’clock A.M. yesterday, the prisoners in cells 170 [Arnold], 161 [AtÂ� zerodt], 195 [Powell], 181 [O’Laughlen], 205 [Herold], 184 [Spangler], 200 [Surratt] and 176 [Mudd] were called for by the court—taken from the cells to the Court Room and their hoods removed. At 12:20 P.M., by order of the Court, the prisoners were taken back to their cells and their hoods replaced. After the prisoners were taken out, the Court soon adjourned.1 At 12.30 the Med. Inspector and myself made an inspection of all the cells and prisoners. At 9.45 P.M. I opened cells 176 and 170, and Maj. Eckert was admitted and read to them notice concerning counsel. I also opened cell 209 [Celestino]. Major Eckert was admitted and he delivered a letter to the prisoner. At 7 o’clock, this A.M. Inspections of all the cells and Prisoners were made by the Surgeon and myself. I am General Very Respectfully Your Most Obt. Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison

1. On May 10, the court convened. Judge Advocate General Holt swore in the members of

the tribunal and the court recorders. Members of the prosecution were sworn in by the president of the tribunal. After the accused were arraigned, the tribunal adopting the Rules of Proceeding. The tribunal then adjourned, allowing the accused who were without counsel time to secure their attorneys.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 10th 1865.

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Major Genl. Hancock, Com’dg. Mid. Mil. Div. Genl. I anticipate orders from the Court, to bring prisoners now confined in “Old Capitol Prison” before it. I therefore request that two Ambulances be ordered to report to me daily at 9 A.M., and remain here for this purpose during the trial. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. & Gov. & Com’dr. Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal, May 10th 1865. 9.40 P.M.

Major Genl. Hancock Comdg. Mid. Mil. Div. General, In reply to your communication relative to my giving especial privileges to Dr. Mudd, I respectfully state that the separation of Dr. Mudd from the rest of the prisoners was accidental and occurred as follows: On Tuesday, when the prisoners were taken into Court, Dr. Mudd and Mrs. Surratt happened to be the last of the prisoners brought in; the other six were taken into the prisoner’s dock and by seating the person in charge of each prisoner by his side, the room was all taken up. When the Dr. was brought in, he was placed on a chair just in front of the other prisoners and outside of the railing. Mrs. Surratt was also seated near him. To day the prisoners were brought in and seated in the same manner, I thinking that it would be more convenient for the Court to have them seated the same each day.

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Dr. Mudd has been treated since he has been in this prison, precisely the same as each of the other male prisoners, except that he has not been hooded, which was in accordance with your instructions.1 I disclaim all intention of granting to Dr. Mudd any privileges. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. and Comdr. Mil. Prison 1. Hartranft dispels the false belief that Dr. Mudd was forced to wear a hood along with the other prisoners. Mudd and Mary Surratt were never hooded during their imprisonment.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 11th 1865.

Major Gen’l. Hancock Com’dg. Mid. Mil. Div. Gen’l, I have the honor to report that 10.25 a.m. yesterday, Lt. Col. J. M. Clough, 18th N.H. reported with 450 muskets, for four days duty relieving the 47th Pa. Vols. At 11.45, the prisoners on trial were taken into Court, in compliance with the orders of the same. At 1 P.M. the Court ordered the prisoners returned to their cells, which was done. At 1.10 P.M. dinner was served to the prisoners in the usual manner. At 1.30 in compliance with your orders Marshal McPhail was admitted to see the prisoner in 161 [Atzerodt], his hood having been previously removed; he remained with him until 2.35, immediately after which his hood was replaced and the door locked. At 3.45 P.M. Mr. George L. Crawford in accordance with your instructions, was permitted to have an interview with prisoner in 209. I was present during the same, and heard all that was said. The conversation was in regard to the property of the prisoner in Philadelphia. At 4.25 the hood was replaced and the cell locked. At 6 P.M. Supper was furnished the prisoners and at the same time Dr. Porter and myself made inspections of all the cells and prisoners.

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At 6 P.M. in accordance with your instructions, Mr. Stone,1 Counsel for Dr. Mudd, was permitted to visit his client. The interview took place in the presence of Lt. Col. McCall but not in his hearing. At 6.35 the interview closed, and the door was again locked. At 7 this A.M. breakfast was served to the prisoners in the usual manner. At 7.15, Dr. Porter and myself made Inspections of all the cells and prisoners. I would respectfully recommend that the prisoner in 190 be removed to cell 165. All passes admitting persons during the last 24 hours are herewith enclosed. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison 1. Frederick Stone was a prominent attorney from Charles County, Maryland. Stone, along with Thomas Ewing, represented Dr. Mudd.

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Hd. Qrs. Mil. Prison. Wash. Arsenal. May 11th 1865. 3. P.M.

Colonel Taylor, A.A. Genl. etc. Colonel, Yesterday I received the following despatch from Major Genl. Hancock: “A company of Cavalry to consist of not less than 30 men has been ordered to report to you daily at 8 a.m. to remain on duty during the session of the Court, for use in any emergency.” A few moments ago, a Lieut. and 30 men of Infantry reported. I think this detail should have been the Cavalry above referred to by Gen’l. Hancock. I have no service for this Infantry, and have therefore ordered them back to camp. Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison

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Hd. Qrs. Mil. Prison, Wash. Arsenal, May 12th 1865.

Major Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that the regular meals of the last 24 hours were served at 1 P.M. and 6 P.M. yesterday and at 7 o’clock this morning. The prisoner in 200 [Surratt] being furnished with tea and toast. Dr. Porter and myself made two Inspections of all the cells and prisoners during the last 24 hours, at 6 P.M. yesterday and at 7 this a.m. At 11 a.m. yesterday, the Court assembled; the prisoners on trial were called for by the Court. After they had been unhooded they were taken into the Court Room, and seated in the same order as before, except that Dr. Mudd was placed in the prisoners dock, and one of the persons in charge of the prisoners taken out. At 12.45 Mr. Kirby,1 in accordance with your instructions was permitted to speak in the Court Room to Mrs. Surratt, in the hearing of Colonel Dodd. At 1 P.M. the Court adjourned, and the prisoners were taken back to their cells, rehooded, and the doors locked. Yesterday morning I sent a Staff Officer to the house of Mrs. Surratt to make inquiries about her clothing. He was informed by the guard on the house that every thing remained in the house as it was when the family was first arrested and taken away, except some clothing that was taken away for one of the daughters,2 I therefore suggest that a suitable person be sent to her house to get some of her own clothing. I respectfully call your attention to the Surgeon’s report relative to the changing of prisoner in 190 to some other cell. I recommended in yesterday’s report 165. This prisoner is not on trial. I am very respectfully Your Obt. Servt. Bvt. Maj. Genl. and Gov. and Comdr. Mil. Prison 1. William Wallace Kirby, a friend and neighbor of Mary Surratt. Both lived on H Street between Fourth and Fifth streets In Washington. 2. Possibly a daughter of John T. Holohan, who, along with his wife and children, boarded at the Surratt house.

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Head Quarters U.S. Arsenal Washington, D.C. May 12th 1865. 12.45 P.M.

Maj. Genl. Hancock Com’g. Middle Mily. Div. Genl. Two young men, viz: Robert A. Falkner and Thomas E. Struthers, both of Warren Penna., made use of the following language in the hearing of my guards, viz: “God damn the country, I would like to have the place burned up”—you kiss my A——, Abraham Lincoln, or anybody else.” The Guard told them to stop such language, when one of them replied—“Go to hell.” The guard then arrested them and they now remain in my custody. I will await your instructions in the case. These young men are very respectable appearing, but considerably under the influence of liquor. I am your most Obt. St. B.M.G. and Military Gov. of U.S. Arsenal Prison P.S. These persons were arrested near the Armory St. Hospital 1 by a soldier belonging to 10th Veteran Reserves which was on duty here during the last 24 hours, he was on guard with the wagon containing baggage of his Regiment.

1. The Armory Square Hospital was located on Seventh Street next to the Smithsonian Institution.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 12th 5 P.M.

Brig. Genl. Rucker Genl. I would respectfully state that the two Ambulances which have been ordered to report to me daily during the session of the Court convened here, for the purpose of carrying witnesses from the Old Capitol to this prison did not report to day. It is necessary that these Ambulances report regularly.

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I am General Very Respectfully Bvt. Maj. Genl. Gov. & Comdr. Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal May 13th 1865.

Major Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that the Court assembled at 11 A.M. yesterday. The Prisoners on trial were brought in with their hoods removed, and seated the same as the day before. At 11.20 Hon. Reverdy Johnson presented a pass to see Mrs. Surratt who was at that time in Court. The pass stated that he could not come into Court to see her until the Court adjourned at 1 P.M. At 12 M. I received authority to admit Mr. Johnson into Court, but he could not be found. At 12.55 he was admitted and had an interview with Mrs. Surratt under the restrictions for Counsel. At 1 P.M. the Court adjourned for an hour during which time all the prisoners were taken back to their cells and rehooded except prisoners in 200 [Surratt], 176 [Mudd], and 170 [Arnold] who remained in the Court-room in consultation with their Counsel during the adjournment, under guard and in the presence of a Field Officer. At 2 P.M. the other prisoners were unhooded and brought into Court. At 3 P.M. Mrs. Nelson and Miss Jane Herold presented a pass to see David Harrold [sic].1 These ladies were identified by Major Denis as being the ladies they represented to be. As David Harrold was in Court, I did not permit them to see him there. At 5.10 after the Court adjourned, I detained Herrold [sic] in the Courtroom, and permitted the ladies referred to, to see him and converse with him in my hearing. At 6 P.M. they retired when Harrold was taken to his cell, the hood replaced and the door locked. The Court adjourned about 5 P.M. when the prisoners were taken back to their cells, their hoods replaced, and the doors locked. The regular meals of the last 24 hours were served to the prisoners in the usual manner,

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The Medical Inspector and myself made two inspections during the 24 hours, of all the cells & prisoners. At 4.15 yesterday, I received orders through you to transfer Richter2 to the “Old Capitol Prison.” I immediately removed his irons and hood, and this morning at 8.45 sent him to the “Old Capitol Prison.” I am Very Respectfully Your Most Obt. Servt. Bvt. Maj. Genl., Govr. and Comdr Mil Prison 1. Mary Alice Nelson and Elizabeth Jane Herold. 2. Hartman Richter, cousin of George Atzerodt. Atzerodt was arrested at the Richter house in Montgomery County, Maryland, on Thursday, April 20. Richter was taken prisoner at the same time and imprisoned at the arsenal. He was eventually released.

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27 Hd. Qrs. Mil. Prison Wash. Arsenal May 14th 1865.

Major Gen’l. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that the meals of the last 24 hours were regularly furnished to the prisoners. Dr. Porter and myself made two inspections of all the cells and prisoners, at 7 P.M. yesterday, and the other at 7 this morning. At 10 A.M. yesterday the Court assembled and called for the prisoners on trial; they were unhooded and brought into the Court and seated the same as the day before. At 10.30 Walter L. Cox1 was permitted to see O’Laughlin2 as his Counsel in Court, and under the usual restrictions for Counsel. At 1 P.M. the Court adjourned for an hour, during which time the prisoners were taken back to their cells and rehooded and the doors locked. At 2 P.M. they were again brought in Court. At 6 P.M. the Court adjourned—the prisoners were taken back in their cells, rehooded and the doors locked. I have received through Dr. Mudd’s Counsel some of the Dr.’s under-clothing. I respectfully request it be given to him, as he is in much need of it.

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Yesterday during the session of the Court, Mr. Corse Artist was admitted into the Court room by the authority of the President of the Court. 3 During his presence in the Court he made a sketch of the room. I notified him that he must not publish this sketch except by permission of the Court. I also explained to General Hunter that I had received instructions from you not to allow any sketches to be made of the building. I am Very Respectfully Your Most Obt. Sevt. Bvt. Maj. Genl. Gov. and Comdr. Mil. Prison 1. Cox was a law professor at Columbia College, later Columbia University. He became a federal judge and presided over the trial of James Garfield’s assassin, Charles Guiteau. 2. The proper spelling is O’Laughlen. 3. Major General David Hunter.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 15th 1865.

Major Genl. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that the prisoners have been regularly furnished with meals during the last 24 hours.—dinner at 12 M. and supper at 7 P.M. yesterday and breakfast at 7 o’clock this morning. Dr. Porter, Medical Inspector, made his daily visits at 12 M. yesterday and 7 this morning at which hours he in company with myself made inspections of all the cells and prisoners. At 6.30 P.M. yesterday, Mr. Ewing, Counsel for Dr. Mudd and Arnold1 presented a pass to visit his client. I admitted him at once to the cell of Dr. Mudd. He remained in conversation with Mudd under the restrictions for Counsel until 8.35. He was then admitted to see Arnold, and remained in conversation with him under the same restrictions, until 9.10 p.m. This was a general pass and I therefore allowed Mr. Ewing to retain it. I would respectfully suggest that Counsel be permitted to communicate with their clients only in the Court room on account of the difficulty in remaining in the presence of the Counsel and prisoner in the cell, and at the same time not being in hearing. I would also further suggest that these interviews be restricted to the day time.

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I am Very Respectfully Your Most Obt. Servt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison 1. Thomas Ewing, former chief justice of the Kansas Supreme Court (1861–1862) and brevet major general, served as counsel for Mudd, Arnold, and Spangler.

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29 Hd. Qrs. Mil. Prison Wash. Arsenal May 16th 1865

Maj. General Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that during the last 24 hours, the prisoners have been furnished with their regular meals, at the hours of 1 P.M. and 7 P.M. yesterday, and at 7 o’clock this morning. At 10 A.M. yesterday the Court assembled and called for the prisoners on trial. They were unhooded and taken into Court and seated as before. At 1 p.m. the Court adjourned for an hour during which time the prisoners were taken back to their cells rehooded, and the doors locked. At 2 P.M. the prisoners were again brought into Court, and remained until the Court adjourned at 6.30 P.M. when the prisoners were at once taken to their cells, rehooded and the doors locked, except 175, 205 and 184, who were detained in the Court room until 7.20 during which time Mr. Ewing, Counsel, had an interview with each of them separately, by authority of his General permit. The interview was in presence of Colonel Dodd and the guard. The Surgeon came yesterday to make his inspections, but the prisoners were in the Court. Hereafter during the trial, the Surgeon will make his visits at 7 A.M. and 8 P.M. each day. I personally made two inspections of all the cells and prisoners. The prisoner 211 is very desirous of having a Common Prayer book. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

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Hd. Qrs. Mil. Prison Washington Arsenal May 17th 1865

Maj. Genl. Hancock Comdg. Mid. Mil. Div. General, I have the honor to report that the Court assembled yesterday at 10 a.m. and called for the prisoners on trial. They were unhooded and taken into Court and seated in the Prisoners Dock. At 1 p.m. the Court adjourned for an hour, during which time the prisoners were taken back to their cells, rehooded and the doors locked. At 2 p.m. the prisoners were again taken into Court and remained until the Court adjourned at 6 p.m. when they were all immediately taken to their cells rehooded, and the doors locked. During the 24 hours the meals were furnished regularly to the prisoners. Dr. Porter made his visit at 8 p.m. yesterday, and at 7 this morning, at which hours he in company with myself made inspection of all the cells and prisoners. I am Very Respectfully Your Most Obt. Servt. Bvt. Maj. Genl., Gov. and Comdr. Mil. Prison

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Hd. Qrs. Mil. Prison Wash. Arsenal May 18th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that the Court assembled yesterday at 10 a.m. and called for the prisoners on trial. They were unhooded—taken into Court, and seated in the prisoners’ dock. At 1 p.m. the Court adjourned for an hour, during which time the prisoners were taken back to their cells, hooded and doors locked. At 2 p.m. the prisoners were again brought into Court and seated as before and remained until the Court adjourned at 5.30 p.m. when the prisoners were

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taken back, at once to their cells except David Herold, who remained in consultation with Mr. Stone, Counsel, until 6.15 in the presence of Col. Dodd. The meals have been furnished regularly to the prisoners during the last 24 hours. The Medical Inspector and myself made two inspections of all the cells and prisoners, the Surgeon’s report of which is herewith respectfully forwarded. At 8.30 this morning, Mrs. Nelson and Miss Jane Herold presented a pass to see Herold as friends—the prisoner was unhooded and brought into the Court room, where his sisters were permitted to see him in my presence until 9.45 a.m. The prisoner in 211 has been examined in Court as a Witness, and Genl. Holt recommends that his irons be removed.1 Will you please give me instructions in the premises.

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I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

1. Willie Jett testified on May 17 as a prosecution witness against defendant David Herold.

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33 Hd. Qrs. Mil. Prison Wash. Arsenal May 19th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that the prisoners were furnished with their regular meals during the 24 hours. Dinner at 1 p.m. and Supper at 6.20 p.m. yesterday and breakfast at 7 this morning. The Medical Inspector and myself made two inspections of all the cells and prisoners. At 8 p.m. yesterday and one at 7 this a.m. I would respectfully call your attention to that part of the Dr.’s report which advises the removal of the hood from 209. This prisoner is not on trial. The Court assembled yesterday at 10 a.m. and called for the prisoners on trial. They were unhooded, and taken into Court, and seated as before. At 1 p.m. the Court adjourned for an hour, when the prisoners were taken back to their cells, rehooded and the doors locked.

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At 2 p.m. the prisoners were again taken into Court and remained until the Court adjourned at 6.15 when they were returned to their cells, rehooded and the doors locked; except Herold who remained in Court a few moments in conversation with Judge Holt and his Counsel Mr. Stone. This prisoner desires to write out a confession.1 I would respectfully ask, if permission can be granted to take off his handcuffs and allow him this privilege between the sessions of Court. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

1. “Confession” is an inaccurate term. Herold wrote out a statement explaining his actions.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 20th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that the Court assembled yesterday at 10 a.m. and called for the prisoners on trial. They were unhooded and brought into Court, and seated in the usual manner. Between 1 and 2 p.m. the Court took an hour for recess, during which time the prisoners were taken back to their cells, rehooded and the doors locked. At 2 p.m. they were again brought into Court, and remained until 6.30 p.m. when they were returned to their cells, hoods replaced and the doors locked. The regular meals of the 24 hours were served to the prisoners at 1 and 7 p.m. yesterday, and at 7 o’clock this morning. The Medical Inspector and myself made inspections of all the cells and prisoners at 8 p.m. yesterday, and at 7 this a.m. I have received a linen coat for Dr. Mudd. I respectfully ask whether it should be given him. The hood has been removed from the prisoner in 209 [Celestino].

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At [blank] o’clock this morning Herold was taken into the Court room and his hand cuffs removed, furnished him with quill pen, ink and paper. He continued writing until the Court began to assemble,—about 10.30 a.m. when his irons were replaced, and he seated in the prisoners dock.1 I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Govn. and Com’dr Mil. Prison 1. Herold’s statement is missing, but reference to it can be found in Thomas Ewing’s written appeal to President Andrew Johnson, dated July 10, 1865, asking for “remission” of Mudd’s sentence. Ewing claimed that Herold’s lawyer, Frederick Stone, told Ewing that Herold tried to “dissuade Booth from going to Mudd’s” house, thus showing that the stop there on Saturday, April 15, was not planned.

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34 Hd. Qrs. Mil. Prison Wash. Arsenal May 21st 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. Genl. I have the honor to report that the Prisoners were furnished with regular meals during the past 24 hours, at 1 p.m. and 6 p.m. yesterday and at 7 this morning. The Court assembled yesterday at 11 a.m. when the prisoners on trial were taken into the Court room. At 1 p.m. the Court took a recess for an hour, during which time the prisoners were taken to their cells and confined as usual. At 2 p.m. they were again brought into Court and remained until 5 p.m. when the prisoners were taken back to their cells, except Herold and Dr. Mudd, who remained in consultation with Mr. Stone, Counsel until 5.30 when they were also returned to their cells. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

102

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Hd. Qrs. Mil. Prison Wash. Arsenal May 22d 1865.

Maj. Genl. Hancock Comdg. Mid. Mil. Div. General, I have the honor to report that the prisoners were furnished with their meals regularly during the last 24 hours. The Med. Inspector and myself made our regular visits at 8 p.m. yesterday and at 7 this a.m. At 1 p.m. yesterday, Mr. Doster,1 Counsel for the prisoners Payne2 and Atzerodt presented a permit to visit his clients. Payne was unhooded and taken into the Court room where Mr. Doster had an interview with him until 2.20 p.m. under the usual restrictions for Counsel. I will retain the pass until Mr. Doster has seen the prisoner Atzerodt, whom he did not have time to see yesterday. At 2.30 p.m. the prisoner Herold was taken into the Court room and furnished with writing material as before. He continued writing until 4.30 p.m. when he was returned to his cell and confined as usual. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison 1. William E. Doster was a graduate of Harvard Law School and a former provost marshal of Washington, D.C. 2. “Payne” and “Paine” were aliases used by Lewis Thornton Powell. Powell served a brief stint as a private in Company B, 43rd Battalion of Virginia Cavalry, Mosby’s Rangers, and used the alias Paine in taking the oath of allegiance on March 14, 1865.

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Hd. Qrs. Mil. Prison Wash. Arsenal May 23d 1865.

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Maj. Genl. Hancock Com’dg Mid. Mil. Div. Genl. I have the honor to report that the prisoners were furnished regularly with food during the last 24 hours. The daily Inspections were made by the Surgeon and myself at 8 o’clock last evening, and at 7 this morning. The Court assembled yesterday at 10 a.m. when the prisoners were taken into the Court room. During the recess of an hour from 1 to 2 p.m. the prisoners were returned to their cells and confined as before. At 2 p.m. they were again brought into Court and remained until the Court adjourned at 4 p.m. when they were taken back to their cells and confined as usual. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Comdr. Mil. Prison

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37 Hd. Qrs. Mil. Prison Wash. Arsenal May 24th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that the Court assembled at 10 a.m. yesterday and called for the prisoners on trial. They were unhooded and taken into Court and remained until 11.30 a.m. when the Court adjourned until 10 a.m. 25th. The prisoners were taken back to their cells and confined as before, except Herold who remained in the Court room and wrote until 1 p.m. when he was returned to his cell. The prisoners were served as usual with their regular meals. The Med. Inspector in company with myself made two inspections of all the cells and prisoners. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

104

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Mil. Prison Wash. Arsenal May 24th 1865

General, I have the honor to submit for your consideration the fact that both my Staff and Field Officers, now on duty here, belong to organizations that will be mustered out immediately, viz: — Col. Levi A. Dodd, 211th Pa. Vols. Lt. Col. William H. H. McCall 200th Pa. Vols. Lt. Col. George W. Frederick 209th " " Capt. Christian Rath 17th Mich. Vols. Capt. R. A. Watts 17th " " A.D.C. Lt. D. H. Geringer 205th Pa. Vols. A.D.C. If it is necessary or for the good of the service, these officers will willingly remain with me until the prisoners are disposed of; but if it is not necessary they desire to be relieved as soon as practicable, in order to enable them to make out their accounts and settle with the Government. I therefore request that unless these officers can be retained in the service until their duties here are completed, that I be authorized to relieve them as fast as I can secure suitable men to fill their places. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison To Maj. Genl. Hancock Com’dg. Mid. Mil. Div.

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Mil. Prison Wash. Arsenal May 25th 1865

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Maj. Genl. Hancock Comdg. Mid. Mil. Div. Genl. I have the honor to report that the prisoners have been served with their meals regularly during the last 24 hours, at 12 M. and 6 p.m. yesterday, and at 7 this morning. Dr. Porter and myself made our daily inspections yesterday at 8 p.m. and at 7 o’clock this morning. At 12 M. last night Mr. [blank] was brought to the prison. I placed him in one of the rooms upstairs, where he has no communication with anyone. I am Very Respectfully Your Most Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison

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40 Mil. Prison Wash. Arsenal May 26th 1865.

Maj. Genl. Hancock Com’dg. Mid. Mil. Div. General, I have the honor to report that the Court assembled yesterday at 10 a.m. and the prisoners were conducted immediately to the Court room. At 1 p.m. the Court adjourned for an hour, during which time the prisoners were taken to their cells and served with dinner. At 2 p.m. they were again taken to the Court room, and remained until 5 p.m. when the Court adjourned. The prisoners were again returned to their cells and furnished with supper. The inspections of the Surgeon and myself were made at 8 o’clock last evening, and at 7 this morning.

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At 11.30 I received from Col. Ingraham1 Pro. Marshall [sic], Mr. Harrison2 and confined him in 165. I searched his person this morning, and took from him the effects of which the enclosed inventory is a copy. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison 1. Colonel Timothy Ingraham, 38th Massachusetts Volunteer Infantry. Colonel Timothy Ingraham served as provost marshal of the defenses north of the Potomac, including Washington. 2. Burton N. Harrison, private secretary to Confederate president Jefferson Davis. Harrison was captured along with Davis on May 10 near Irwinville, Georgia. He was sent to the Washington Arsenal and imprisoned there with the eight accused conspirators.

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Mil. Prison Wash. Arsenal May 27th 1865.

General, I have the honor to report that the Court assembled as usual at 10 a.m. yesterday and called for the prisoners on trial. They were taken to the Court room and seated in the dock as before. At 1 p.m. the Court adjourned for an hour, when the prisoners were taken to their cells and furnished with dinner. At 2 p.m. they were again returned to Court, and remained until the Court adjourned again at 5 p.m. when they were conducted to their cells and confined as usual and served with supper. The Med. Inspector, accompanied by myself, made his daily visits at 2 p.m. yesterday, and at 7 this morning. Yesterday afternoon in compliance with instructions from the Secretary of War all the papers and effects in my possession, belonging to Mr. Harrison, prisoner I transferred to Maj. Eckert, Asst. Sec. of War, all the papers and effects, in my possession, belonging to Mr. Harrison, prisoner, and took receipt for the same. I have the honor to be Your Most Obt. Svt. Bvt. M.G. Gov and Comdr Mil. P. Maj. Genl. Hancock Comdg. M. M. Div.

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42 Mil. Prison Wash. Arsenal May 27th 1865.

General, I would respectfully request that permission be granted to Lt. Col. Geo. W. Frederick 209th Pa. Vols. to visit his Regt. to morrow, for the purpose of settling up his accounts before his Regt. leaves for home. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. & Com’dr. Mil. Pris. Maj. Genl. Hancock Com’dg. M. M. Div.

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43 Hd. Qrs. Mil. Prison Wash. Arsenal May 28th 1865.

General, I have the honor to report that the prisoners on trial were taken before the Court at 10 a.m. yesterday and remained until 1 p.m. when they were returned to their cells and furnished dinner. At 2 p.m. they were again taken into the Court room & remained until 5 p.m. when they were returned to their cells and served with supper. Breakfast was furnished them this morning at 7 o’clock. The Surgeon and myself made our Inspections at 8 p.m. yesterday, and at 7 this a.m. At 4 p.m. yesterday, the chains were removed from the prisoners in 209 and 211, and they were permitted to walk, separately about the yard within the walls of the prison, until 5 p.m. I have received some under clothing, a shirt, collars etc. for the prisoner O’Laughlin. I would respectfully request that they be given ^to^ him. The clothing has been examined and nothing improper found among the articles. Among the effects of the prisoner Harrison, turned over to Maj. Eckert, Asst. Sec. of War, was a change of under clothing of which the prisoner is very much in need.

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One of our clerks, John M. Stanver, 205th Pa. Vols. will be mustered out very soon. I would respectfully ask for authority to send him back to his Regt. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. and Com’dr. Mil. Prison Maj. Genl. Hancock Com’dg. M. M. Div.

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44

I have the honor to report that the prisoners have been served with food at the regular hours during the last 24 hours and that the Inspections of the Surgeon and myself were made as usual at 8 p.m. and 7 a.m. The Surgeon’s reports are forwarded herewith. At 3 p.m. yesterday in obedience to your order, I transferred the prisoners Capt. Jett and John Celestino1 to the custody of Maj. Genl. Augur2 and took receipt for them. At 4 p.m. Mrs. Nelson and Miss Herold presented a pass to see the prisoner Herold. I permitted them to see him in the Court Room under the usual restrictions until 6 p.m. These Ladies brought the following articles of food for the prisoner Herold, viz: Soda crackers, a little butter, and some strawberries. As the pass for their admission did not include these articles, I retained them in my possession, and would respectfully ask whether they shall be given to the prisoner. I enclose the pass admitting them herewith and respectfully call your attention to the fact the application for the pass includes these articles. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. and Comdr. M.P. Maj. Genl. Hancock Comdg. Mid. Mil. Div. 1. John (Joao) Celestino, a Portuguese ship captain who was arrested under suspicion of being one of Booth’s co-conspirators. He was held along with the accused defendants in the arsenal

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penitentiary but was eventually released when the government failed to find any evidence linking him to Booth. 2. Major General Christopher Columbus Augur commanded the 22nd Army Corps and was responsible for the defenses guarding Washington.

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45 Mil. Prison Wash. Arsenal. May 29th 1865.

General, I would respectfully ask that permission be granted to Col. L. A. Dodd to visit his Regt. this afternoon, for the purpose of attending personally to some of the Official papers to return this evening or early to morrow morning. I am General, Your Most Obedient Svt. Bvt. Maj. Genl. Gov. and Comdr. Mil. Prison Maj. Genl. Hancock Com’dg. M. M. Div.

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46 Mil. Prison Wash. Arsenal May 30th 1865

General, I have the honor to report that the Court assembled yesterday at 10 a.m. and called for the prisoners on trial. They were conducted before the Court and remained until 1 p.m. when they were returned to the cells and supplied with dinner. At 2 p.m. they were again taken into the Court room and seated as usual. At 5 p.m. the Court adjourned and the prisoners were returned to their cells and supplied with supper. The Med. Inspector, accompanied by myself, made our visits at 8 p.m. yesterday and 7 o’clock this morning. Mr. Harrison states that when he left Mr. Davis1 he directed him, if possible, to see Secretary Seward,2 and inform him that he (Mr. Davis) had certain information which would be to the interest of Secretary Seward to know; and

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that Mr. Davis is very desirous of having an interview with Secretary Seward, as soon as the Secretary was able to see him. Mr. Davis desires to open communication with him by letter. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

47

1. See note 2 of May 26, 1865, letter. Davis was eventually imprisoned at Fort Monroe, Virginia. 2. Secretary of State William Henry Seward.

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Mil. Prison Wash. Arsenal May 31st 1865

Maj. Genl. Hancock Comdg. M. M. Div. General, I have the honor to report that the Court met as usual at 10 A.M. yesterday, when the prisoners were conducted into their presence. At 1 P.M. the Court took a recess of an hour during which time the prisoners were returned to their cells and furnished with dinner. At 2 P.M. they were again brought into Court and remained until the Court adjourned at 5 P.M. when they were returned to their cells and supplied with supper. The Med. Inspector and myself made our usual visits at 8 P.M. yesterday and at 7 this A.M. Please find enclosed the Surgeons reports. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl Gov. & Com’dr. M.P.

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48 Mil. Prison Wash. Arsenal June 1st 1865

General, I have the honor to report that the prisoners have been regularly furnished with food during the last 24 hours at 1 & 7 P.M. yesterday and at 7 A.M. this morning. The Med. Inspector accompanied by myself visited the prisoners yesterday at 8 P.M. and at 7 this A.M. The Court met yesterday at 10 A.M. and called for the prisoners on trial. They were taken to the Court Room and seated as usual. At 1 P.M. the Court took an hour recess, during which time the prisoners were returned to their cells and confined as before. At 2 P.M. they were again taken into the Court Room and remained until 5 P.M., when the Court adjourned, they were then returned to their cells, rehooded and the doors locked. I would respectfully request that the shackles riveted on 161 be removed and the same kind placed upon him as are on the other prisoners so that his drawers can be changed regularly.1 I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Gen’l. Gov. & Comdr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div. 1. The weighted ball-and-chain riveted to George Atzerodt’s ankle was so large he was unable to remove his pants or underpants. A similar ball-and-chain was attached to Lewis Powell’s ankle.

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Mil. Prison Wash. Arsenal June 2nd 1865

49

Maj. Gen’l. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners have been supplied with their regular meals during the last 24 hours. The Med. Inspector, in company with myself, visited all the cells and prisoners at 8 P.M. yesterday and at 7 o’clock this morning. I forward Surgeon’s reports herewith. At 10 A.M. yesterday Maj. Genl. Hitchcock1 presented a pass for the admission of himself and a colored woman to see the prisoner Payne. While the prisoner was in the Court Room Mr. Eckert Asst. Sec. of War brought an officer here, who also was permitted to see him. Yesterday afternoon the Sentinel over the cell of Payne discovered the prisoner handling the balls attached to his limbs, placing them against his head. I at once unfastened the balls from the shackles and removed them from the cell. I also unfastened the balls from the limbs of Atzerodt and removed them from the cell. I have received through the mail a letter for Mrs. Surratt. I would respectfully ask instructions as to what shall be done with it. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P. 1. Major General Ethan Allen Hitchcock, commissioner for prisoner exchange. His reason for visiting Powell on June 1 is not known, but was presumably at Secretary of War Stanton’s direction. At the time of his confinement on board the monitor Saugus, it was claimed that Powell attempted to kill himself by butting his head repeatedly against the iron wall of his room. A padded hood was ordered placed on his head to prevent further attempts, and his wrists were cuffed with special restraints known as “Lily irons” to prevent the use of his two hands in concert.

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Mil. Prison Wash. Arsenal June 3d 1865

50

Major General Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners were conducted before the Court yesterday at 10 A.M. and remained until 1 P.M. when they were returned to their cells and supplied with dinner. At 2 P.M. they were again brought into Court, where they remained until 5 P.M. when they were returned to their cells, supplied with supper and confined as before. Breakfast was furnished to them at 7 this morning. The Med. Inspector, in company with myself visited the prisoners at 8 o’clock last evening and at 7 this A.M. I enclose Surgeon’s reports. Please find enclosed the letter for Mrs. Surratt. I have the honor to be Very Respectfully Your Obd’t Serv’t. Bvt. Maj. Genl. Gov. & Comdr. M.P.

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51 Mil. Prison Wash. Arsenal June 4th 1865.

General, I have the honor to report that the prisoners have been furnished with food regularly during the last 24 hours at 1 & 6 P.M. yesterday and at 7 this A.M. The Med. Inspector in company with myself visited the prisoners at 8 o’clock last evening and at 7 this morning. I forward herewith Surgeon’s reports. The prisoners were taken into Court at 10 A.M. yesterday and remained until 1 P.M. when they were returned to their cells and furnished dinner. At 2 P.M. they were again brought into Court and remained until 4 P.M. when the Court adjourned.

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The prisoners were at once taken to their cells and confined as before. I have the honor to be Very Respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. & Com’dr. M.P.

Major General Hancock Com’dg. M. M. Div. 52

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Mil. Prison Wash. Arsenal June 5th 1865.

Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners have received their food regularly during the last 24 hours, at 12 M. & 6 P.M. yesterday and at 7.30 this A.M. The Surgeon and myself made our visits at 8 o’clock last evening and at 7.30 this morning. At 10.30 A.M. yesterday Mr. Eckert Asst. Sec. of War, presented Major General Hitchcock and Mr. Williams with a request that they be permitted to see Payne. The prisoner was brought into the Court Room and the parties above named admitted to see him. At 11.30 A.M. Miss Annie Surratt1 presented a pass to see her mother. Mrs. Surratt was brought into the Court Room and her daughter admitted to see her under the usual restrictions. At 3 P.M. Mrs. Nelson and Miss Jane Herold presented permission to see the prisoner Herold. He was brought into the Court Room and these ladies permitted to see him under the usual restrictions. I enclose the permits herewith. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P.

1. Anna Surratt, daughter of Mary Surratt.

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53 Mil. Prison Wash. Arsenal June 6th 1865

Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the Court met at 10 o’clock A.M. yesterday and called for the prisoners on trial. They were brought into Court and remained until 1 P.M. when they were returned to their cells and furnished dinner. At 2 P.M. they were brought into Court and remained until 5 P.M., when they were returned to their cells and confined as usual. The Med. Inspector in company with myself visited the prisoners at 8 o’clock last evening and at 7 this morning. The prisoners are suffering very much from the padded hoods, and I would respectfully request that they be removed from all the prisoners except 195.1 This prisoner does not suffer as much as the others and there may be some necessity for his wearing it, but I do not think there is any for the others.2 I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. 1. Lewis Powell. 2. The “necessity for wearing” the padded hood presumably relates to Powell’s alleged suicide attempt.

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54 Mil. Prison Wash. Arsenal June 7th 1865

Major Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners were taken into Court at 11 A.M. yesterday and remained until the hour for recess 1 P.M. when they were

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returned to their cells and supplied dinner. At 2 P.M. they were again taken into Court and remained until 5 P.M. when they were returned to their cells and supplied with supper and confined as before. The Med. Inspector in company with myself visited the prisoners at 8 P.M. yesterday and at 7 this A.M. I forward Surgeon’s report herewith. The prisoner Harrison desires to write to his relations to let them know where he is. I respectfully refer the matter to you for instructions. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. 55

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U.S. Arsenal Wash. D.C. June 7th 1865

Maj. Genl. Hancock Comdg etc. Dear Sir, I have just been informed that the Regt from the 1st Veteran Corps, which reported to me this morning for duty outside the arsenal yard, is not provided with ammunition. I have therefore directed that the 18th N. Hampshire remain on duty until further orders from me. I have also directed that the ammunition be obtained as soon as possible. I am Genl. Your Most Obt. Svt. Bvt. Maj. Gen’l. Comdg. Prison

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U.S. Arsenal Military Prison Wash. D.C. June 7th 1865.

56

To the Com’dg Officer Regt. 1st Vet. Corps. You will provide your command with ammunition without delay and report to me as soon as you have done so. In the meantime the 18th N. Hampshire will remain on duty and in their camp. I am your most Obt. Svt. Bvt. Maj. Gen’l.

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57 U.S. Arsenal Military Prison Wash. D.C. June 7th 1865. 12. M.

Maj. Genl. Hancock Com’dg. M. M. Div. Sir, My order to the 18th New Hampshire to remain on duty did not reach the Regt. on time. It having been relieved by the 8th Vet. The officer I sent followed the 18th N.H. but lost trace of it in the city. I have ordered the commanding officer of the 8th Vet. to secure his ammunition without delay. I am your Most Obt. Svt. Bvt. Maj. Genl. etc.

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U.S. Arsenal Military Prison Wash. D.C. June 7th 1865. Maj. Genl. Hancock Com’dg. M. M. Div. Dear Sir. I am informed by the Adjutant of the 8th Vet. that there is no ammunition in the Arsenal to fit the guns of his Regt. I make this report promptly in order that another Regt. may be sent to relieve it. I am your Most Obt. Svt. Bvt. Maj. Genl. etc.

58

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Mil. Prison Wash. Arsenal June 8th 1865.

Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners have been furnished regularly with food during the last 24 hours. At 1 & 6 P.M. yesterday and at 7 this morning. The Surgeon and myself visited the prisoners at 8 o’clock last evening and at 7 this A.M. The prisoners were taken into Court at 11 A.M. yesterday and remained until 1 P.M. when they were taken to their cells and food supplied them. At 2 P.M. they were again brought into Court and remained until the Court adjourned at 5 P.M. when they were confined in their cells as before except 200 who was permitted to have an interview with her daughter before she was taken to her cell. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M. P.

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59 U.S. Arsenal Military Prison Wash. D.C. June 8th 1865 9 A.M.

Maj. Genl. Wilcox Com’dg. etc. Dear Sir, Lt. Col. [George W. Travers] commanding 46th N.Y. reported last evening between 9 & 10 o’clock with his Regt. to me for duty. He was too much intoxicated to attend to any military duty. I therefore ordered him under arrest to remain with his Regt., and sent my orders by a staff officer to the next officer. This Regt. is now being relieved and have sent orders to the Captain Commanding to report with the Regt. to the Commanding Officer of his Brigade as soon as possible. I am your most Obt. Serv’t. Bvt. Maj. Genl. Com’dg. Prison

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60 Mil. Prison Wash. Arsenal June 9th 1865

Maj. Gen’l. Hancock Com’dg. M. M. Div. General, I have the honor to report the prisoners were taken into Court at 11 A.M. yesterday and remained until 1 P.M. when they were returned to their cells and supplied with dinner. At 2 P.M. they were again brought into Court, where they remained until 5 P.M., when they were returned to their cells, supplied with supper and confined as before. The Med. Inspector accompanied by myself visited the prisoners at 8 P.M. yesterday and at 7 o’clock this morning. I forward herewith Surgeon’s reports.

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Yesterday morning the prisoner Harrison was permitted to walk in the enclosed yard for an hour in the presence of an officer. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P.

61

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Mil. Prison Wash. Arsenal June 10th 1865

Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners were taken into Court yesterday 11 A.M. as usual. During the hour of recess from 1 to 2 P.M. The prisoners were returned to their cells and furnished dinner. At 2 P.M. they were again placed in the dock before the Court and remained until 5 P.M. when they were returned to their cells and confined as before. The inspections were made by the Surgeon and myself at 8 o’clock last evening and at 7 this morning. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M. P.

62

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Mil. Prison Wash. Arsenal June 11th 1865

Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners have been furnished with their meals regularly during the last 24 hours.

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The inspections of the Med. Inspector and myself were made at eight o’clock last evening and at 7 this morning. The prisoners were taken into the Court Room at 11 A.M. yesterday and remained until 1 P.M. when the Court adjourned. they were then returned to their cells and confined as usual. Last evening I removed the hoods from all the prisoners except 195.1 I have the honor to be Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M. P. 1. Hartranft’s June 6 request to remove the prisoners’ hoods was granted. The prisoners were hooded for approximately six weeks.

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Mil. Prison Wash. Arsenal June 12th 1865.

Major General Hancock Com’dg. M. M. Div. General, I have the honor to report that during the last 24 hours, food has been regularly furnished to the prisoners at 12 M. and 6 P.M. yesterday and at 7 o’clock this morning. The daily inspections of the Surgeon and myself were made at 8 o’clock last evening and at 7 this morning. The prisoner Harrison was yesterday removed from 165 to cell 213. I have the honor to be Very Respectfully Your Obt. Sv’t. Bvt. Maj. Genl. Gov. and Comdr. M.P.

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Mil. Prison Wash. Arsenal June 13th 1865. Maj. Genl. Hancock Com’dg. M. M. Div. General, I have the honor to report that the prisoners on trial were taken into Court yesterday at 11 A.M. and remained until 1 P.M. the hour for recess, when they were returned to their cells and dinner furnished them. At 2 P.M. they were taken into the Court Room and remained until the Court adjourned near 3 P.M. when they were returned to their cells and confined as usual. The Surgeon in company with myself visited the prisoners at 8 o’clock last evening and at 7 this morning. I forward herewith reports of Surgeon. I have the honor to be Very Respectfully Your Obt. Sv’t. Bvt. Maj. Gen’l. Gov. & Comdr. M.P.

64

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Mil. Prison Wash. Arsenal June 14th 1865.

General, I have the honor to report that the prisoners were taken into Court yesterday at 11 A.M. and remained until 1 P.M. the hour for recess when all except Arnold and Payne were returned to their cells and confined as usual. The prisoner Arnold remained in the Court room during the recess in conversation with his father1 under the usual restrictions. The prisoner Payne was taken into a side room and was examined by Dr. Hall2 from 1 to 1.30 in my presence after which he was returned to his cell. At 2 o’clock the prisoners were again brought into the Court Room and remained until the Court adjourned at 4 P.M. when they were returned to their cells and confined as before. The inspections of the Surgeon and myself were made at 8 o’clock last evening and at 7 this morning.

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I would respectfully recommend that the prisoner Arnold be removed from 170 to one of the adjoining cells in accordance with the recommendation of the Surgeon. I have the honor to be Very respectfully Your Obt. Svt. Bvt. Maj. Genl. Gov. Com’dr. M.P. Major General Hancock Com’dg. M. M. Div. 1. Samuel Arnold’s father was George William Arnold. 2. Doster, Powell’s defense attorney, attempted to plead insanity on behalf of his client. Doster called two witnesses, Dr. Charles Nichols and Dr. James C. Hall, in an effort to prove that Powell was insane at the time he tried to kill Secretary of State William H. Seward.

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65 Mil. Prison Wash. Arsenal June 15th 1865

General, I have the honor to report that the Prisoners were taken into Court yesterday at 12 M. and remained until recess 1 P.M. when they were returned to their cells and dinner furnished them. At 2 P.M. they were again brought into the Court Room and remained until the Court adjourned at 4 P.M. when they were returned to their cells and confined as before. The inspections by the Surgeon and myself were made at 8 o’clock last evening and 7 this morning. I forward herewith Surgeon’s reports. Yesterday morning before the assembling of the Court, Payne was taken into a side room and an examination made of him in my presence by a Medical Board. Drs. Hall, Norris & Porter, and during the recess from 1 to 2 P.M. he was again taken into this side room and examined in my presence by Surgeon General Barnes, Drs. Hall, Norris & Porter.1 This morning the prisoner Herold was moved to cell 169. I have the honor to be Very Respectfully

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Bvt. M. G. Gov. & Com’dr. M.P. Major General Hancock Com’dg. M. M. Div. 1. After Hall testified during the afternoon session on June 13 that there was “reasonable ground for suspicion of insanity,” he returned to the stand the following morning and changed his testimony, agreeing with Surgeon General Joseph K. Barnes, Dr. Basil Norris, and Dr. George L. Porter that Powell showed “no evidence of mental insanity.”

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Mil Prison Wash. Arsenal June 16th 1865

General, I have the honor to report that during the last 24 hours the prisoners have rested quietly and undisturbed in their cells. Meals were served to them regularly; and inspection made by the Surgeon and myself at 8 o’clock last evening and 7 this morning. I forward herewith Surgeon’s report. I have the honor to be Very Respectfully Your Ob’t. Serv’t. Bvt. M.G. Gov. Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div. 67

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Mil. Prison Wash. Arsenal June 17th 1865.

General, I have the honor to report that prisoners were taken into Court Room at 11 A.M. and remained until the hour for recess 1 P.M. when they were returned to their cells and dinner furnished them. At 2 P.M. they were again brought into Court and remained but a few minutes, when, the Court having adjourned they were taken to their cells and confined as usual.

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The inspections of the Surgeon and myself were made at eight o’clock last evening and at 7 this morning. I forward herewith Surgeon’s reports. I have the honor to be Very Respectfully Your. Ob’t. Serv’t. Bvt. M. G. Gov. Com’dr. M.P.

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68 Mil. Prison Wash. Arsenal June 18th 1865.

General, I have the honor to report that the prisoners have been furnished with their regular meals during the last 24 hours. The inspections by the Surgeon and myself were made yesterday evening at 8 o’clock and at 7 this morning. Maj. Eckert introduced Dr. Gray1 yesterday to the prisoner Payne. He was taken into a side room where Maj. Eckert & Dr. Gray had an interview with him from 12 M. until 3.40 P.M. when he was returned to his cell and confined as before. The prisoner Spangler showed indications yesterday that his mind was wandering. I sent for Dr. Porter, the Med. Inspector who advised that he be taken into the open air. I accordingly had him taken out in the enclosed yard where he remained about an hour, while he was out in the yard Maj. Eckert and Dr. Gray were admitted to see him. Dr. Gray & Dr. Porter examined the prisoner, the result of which you will find in Dr. Porter’s Report.2 I respectfully call your attention to that part of the Surgeon’s report recommending that each of the prisoners be taken into the open air once a day, and that they should be supplied with reading matter. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. M. G. Gov. Com’dr. M.P. Maj. Genl. Hancock Comdg. M. M. Div. 1. Dr. John P. Gray, superintendent of the Utica Lunatic Asylum, examined Powell. Gray was a respected physician who specialized in treating the insane.

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2. As a result of Spangler’s “wandering mind,” Hartranft endorses Dr. Porter’s recommendation that the prisoners be given both exercise time in the prison yard and reading material to occupy their minds.

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Mil. Prison Wash. Arsenal June 19th 1865.

General, I have the honor to report that the regular inspections of the Med. Inspector & myself were made at eight o’clock last evening and at 7 this morning. During the day yesterday Dr. Grey [sic] & Dr. Porter examined each of the prisoners on trial. Dr. Grey recommended that the prisoners be taken out into the yard a while each day, that reading matter be furnished them, that a chew of tobacco be given to those who use it after each meal and that a small box be allowed them for a seat to enable them to sit by the door and read. For Mrs. Surratt he recommends an arm chair.1 Miss Surratt presented a pass from the Secretary of War yesterday to see her mother. She was admitted to see her from 11 to 5.30 P.M. Misses Jane & Kate Herold2 were permitted to see Herold in the Court Room from 3 to 6 P.M. The prisoner O’Laughlin on the recommendation of Dr. Gray, was removed from 181 to 207. The prisoners were taken into the yard yesterday one at a time and allowed to remain from 30 minutes to an hour, except Mrs. Surratt and Herold who were out in the Court Room. Spangler was taken out twice once in the morning and again in the evening. I forward herewith Surgeon’s reports and also the passes admitting Miss Surratt and Misses Jane & Kate Herold. I have the honor to remain Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Major General Hartranft Com’dg. M. M. Div.

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1. The recommendations of Drs. Gray and Porter, with Hartranft’s endorsement, are approved, and the prisoners’ daily condition markedly improved.

2. Katharine Virginia Herold.

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70 Mil. Prison Wash. Arsenal June 20th 1865.

General, I have the honor to report that the prisoners on trial were taken into Court at 10 A.M. yesterday and remained until 12.30 P.M. when Mrs. Surratt became so ill that it was necessary to remove her from the room. The Court therefore adjourned and all the prisoners were returned to their cells. At 2 P.M. they were again brought into Court when Mrs. Surratt was seated on a chair inside the door of the side room where she was still in the presence of the Court, and where the air was much more cool and pure. The Court adjourned near 5 P.M. when the prisoners were returned to their cells and confined as before, except Mrs. Surratt, who remained in the side room. Dr. Grey made his daily visit last evening. He saw the prisoners Payne, O’Laughlin and Mrs. Surratt. Since Mrs. Surratt has been removed in this side room and as her illness seems to be growing more severe I would suggest that her daughter be allowed to remain with and wait on her as her illness is evidently such as to require a female attendant.1 The inspections of the Med. Inspector and myself were made at eight o’clock last evening and at 7 this morning. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P. 1. For the remainder of Mary Surratt’s imprisonment, her daughter Anna was permitted to stay with her in the side room adjacent to the courtroom and attend to her needs.

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71

Mil. Prison Wash. Arsenal June 21st 1865. General, I have the honor to report that the prisoners were taken into Court yesterday at 2 P.M. and remained until the Court adjourned at 4.30 P.M. when they were returned to their cells and confined as before. Each of the prisoners was taken out into the yard for about 30 minutes yesterday between the hours of 8.30 and 1 P.M. The Med. Inspector accompanied by myself visited the prisoners at 8 o’clock last evening and at 7 this morning. I forward the Dr’s reports herewith. Miss Anna Surratt arrived about seven o’clock last evening and is occupying the same room with her mother. I have the honor to remain Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. Com’dr. M.P.

72

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Mil. Prison Wash. Arsenal June 21st 1865.

Capt. The Genl. Com’dg directs me to ask whether any written instructions were turned over to you by the Comdg. Officer of the Reg. which you relieved. Major General Hancock has made complaint that there were no sentinels on duty with the separate squads stationed at each square and that the guards did not turn out properly to some officers, also that some of the men were absent from their posts. The Genl. Com’dg. directs that hereafter you take measures to correct these irregularities. The Regulations should be strictly complied with as to the matter of turning out the guard. I am Capt. Very Respectfully Your Obt. Serv’t.

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R. A. Watts Capt. & A.D.C. To the Comdg. Officer 3rd Regt. U.S. Vet. Vols.

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73 Mil. Prison Wash. Arsenal June 22nd 1865.

General, I have the honor to report that the prisoners were taken out into the enclosed yard yesterday morning for about 30 minutes each. At 12 M. they were taken into Court and remained until about 1 P.M. when they were returned to their cells and supplied with dinner. At 2 P.M. they were again taken into Court and remained until 4.30 when the Court adjourned, they were then returned to their cells and confined as before. Dr. Porter inspected the prisoners immediately after the adjournment of Court in company with myself. The morning visit of the Surgeon & myself were made at 7 o’clock. I forward herewith the Surgeon’s reports. Dr. Grey, during his daily visit yesterday, did not examine any of the prisoners but Herold. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P.

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Mil. Prison Washington Arsenal June 23rd 1865.

General, I have the honor to report that each of the prisoners were permitted to exercise in the open air a while yesterday. The daily inspections of the Surgeon and myself were made at 4.50 P.M. yesterday and at 7 o’clock this A.M. I forward here with the Surgeon’s reports.

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The following named Sergeants on duty here as Turnkeys are entitled to be mustered out under the late order applying to the Vet, Res. Corps. viz:— Serg. J. C. Bathgate Co. “C” 14th Regt. V.R.C. "â•… L. W. Archer " " 7th " " " " "â•… J. H. Rutan " B 10th " " " " As these Sergeants are anxious to be mustered out, I would respectfully recommend that they be relieved from duty as Turnkeys and three other reliable Sergeants be detailed to fill their place. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Parke1 Com’dg. M. M. Div. 1. Major General John Grubb Parke served throughout the war in several leadership roles, rising to command the 9th Army Corps. Breveted major general in the regular army for his successfully repelling Lee’s last assault during the Petersburg campaign in April 1865, Parke served as Hartranft’s superior when Parke took over command of the 9th Corps in March 1865.

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Mil. Prison Wash. Arsenal June 24th 1865.

General, I have the honor to report that the prisoners were permitted to exercise for a short time each in the enclosed yard yesterday. At 12 M. they were taken into Court and remained until 1 P.M. when they were returned to their cells and supplied with dinner. At 2 P.M. they were again taken into Court and remained until 4.30 when they were returned to their cells and confined as before. The regular visits of the Med. Inspector and myself were made at 8 P.M. yesterday and at 7 o’clock this morning, the Surgeon’s reports of which, I forward herewith. I have the honor to be Very Respectfully

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Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Gen’l. Parke Com’dg. M. M. Div.

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76 Mil. Prison Wash. Arsenal June 25th 1865.

General, I have the honor to report that the prisoners were taken into the enclosed yard for a short time each yesterday. The visits of the Med. Inspector and myself were made at 6.30 last evening and at 7 o’clock this A.M. I forward herewith Surgeon’s reports of the same. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Gen’l. Parke Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal June 26th 1865.

General, I have the honor to report that the prisoners were taken into the enclosed yard for a short time each yesterday. At 2.50 P.M. Herold was brought into the Court Room, where his sisters, six in number visited him until 6 P.M under the usual restrictions.1 The visits of the Surgeon and myself were made at eight o’clock last evening and at 7 this A.M. I have the honor to be Very Respectfully

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Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Gen’l. Parke Com’dg. M. M. Div. 1. Herold had seven sisters: Margaret Cecilia Rockwell (1831–1904), Mary Alice Nelson (1837–1917), Elizabeth Jane Herold (1839–1903), Katharine Virginia Herold (1846–1917), Emma Francis Keilholtz (1848–1874), Alice King Earnshaw (1852–1930), and Georgia Isabell Earnshaw (1854–1904). It is unknown which sister was not present at this visit.

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Mil. Prison Wash. Arsenal June 27th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time yesterday. Dr. Grey visited the prison yesterday and inspected all the prisoners. The visits of the Med. Inspector and myself were made at 8 P.M. yesterday and at 7 o’clock this morning. The Dr’s report of which I forward herewith. I have the honor to remain Very Respectfully Bvt. Maj. Gen’l. Gov. & Comdr. M.P. To Maj. Genl. J. G. Parke Com’dg. M. M. Div. 78

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Mil. Prison Wash. Arsenal June 28th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time each yesterday. At 11 A.M. they were taken into

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Court and remained until 1 P.M. when they were returned to their cells and dinner supplied. At 2 P.M. they were again brought into Court and remained until around 4 P.M. when they were returned to their cells and confined as usual. The visits of the Med. Inspector and myself were made at 4 P.M. yesterday and at 7 o’clock this morning. I forward herewith Surgeon’s reports. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Genl. Parke Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal June 29th 1865.1

General, I have the honor to report that the prisoners were allowed to exercise a short time each in the enclosed yard yesterday. At 1 P.M. the prisoners were brought into Court and remained until 6 P.M. when they were returned to their cells and confined as before. The inspections by the Surgeon & myself were made at 8 o’clock last evening and 7 this morning. Very Respectfully Your Obt. Servt. Bvt. Maj. Gen’l. Gov. & Comdr. M.P. To Maj. Gen’l. Parke Com’dg. M. M. Div.

1. The last witness testified on June 29, and the military tribunal began deliberations on June 30.

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79

Mil. Prison Wash. Arsenal June 30th 1865. General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time each, both in the morning and evening of yesterday. At 3.15 P.M. John C. Atzerodt,1 brother of the prisoner Atzerodt, presented a permit to see his brother, he was admitted and remained with him under the usual restrictions until 4.30. The inspections of the Surgeon and myself were made at 7 o’clock last evening and at 7 this morning. I forward herewith Surgeon’s report, also the permit of Atzerodt. Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. To Maj. Genl. Parke Com’dg. M. M. Div 1. Before the war, John Atzerodt operated a carriage-painting business with his brother, George, in Port Tobacco, Charles County. When war came, John worked as a detective on the staff of Maryland provost marshal James L. McPhail.

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Wash. Arsenal June 30th 1865.

Col. Taylor A. A. G. Dept. Wash. Colonel, The soldier who has been shaving the prisoners here states that his officers will not allow him to come anymore without a detail. As he is very willing to come will you be kind enough to give him an order to report to me for that purpose every Sunday morning until the prisoners are otherwise provided for. His name is Alexander Foley and belongs to Co. B 10th Regt. Vet. Res. Corps.

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I have Very Respectfully Your Obt. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P.

The United States Dr. To Chas. Klotz

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For lunch furnished court and witnesses during the trial May 10th 1865â•… to 18 mealsâ•… June 2â•… 65â•… 69 meals " 11th " " 17 " " 3 " 61 " " 12th " " 24 " " 5 " 71 " th " 13 " " 33 " " 6 " 65 " " 15th " " 40 " " 7 " 77 " " 16 " " 53 " " 8 " 68 " " 17 " " 56 " " 9 " 58 " " 18 " " 52 " " 10 " 37 " " 19 " " 66 " " 12 " 42 " " 20 " " 54 " " 13 " 46 " " 22 " " 64 " " 14 " 42 " " 25 " " 70 " " 16 " 30 " " 26 " " 58 " " 19 " 25 " " 24 " " 84 " " 20 " 16 " " 29 " " 70 " " 21 " 30 " " 30 " " 81 " " 23 " 34 " " 31 " " 69 " " 29 " 14 " " 30 " 12 " Total number of meals 1768 @ 1.00╇ $1768 Hd. Qrs. Mil. Prison U.S. Arsenal Wash. D.C. June 30th 1865 I respectfully certify that the foregoing account is correct. Bvt. Maj. Genl. Com’dg. Mil. Prison.

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Mil. Prison Wash. Arsenal July 1st. 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time both in the morning and evening yesterday. The visits of the Med. Inspector and myself were made at 7 o’clock last evening and at 7 this morning. I forward herewith Surgeon’s reports. I also forward the pass on which the Herold girls were admitted last Sunday. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Genl. Parke Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 2d 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time each both in the morning and evening of yesterday. The visits of the Med. Inspector and myself were made at 8 o’clock last evening and at 7 this morning. I forward herewith Surgeon’s reports— I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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82 Mil. Prison Wash. Arsenal July 3rd 1865—

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time both in the morning and evening of yesterday. The sisters of Herold visited him in the Court Room from 3 to 6 P.M. yesterday. I forward the pass admitting them. The visits of the Surgeon and myself were made at 3 P.M. yesterday and at 7 this A.M. I have the honor to be Very Respectfully Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 4 1865

General I have the honor to report that the prisoners were taken out into the enclosed yard yesterday for a short time both in the morning and again in the evening. The visits of the Surgeon and myself were made at 8 o’clock last evening and at 7 this morning. Dr. Mudd requests permission to write home to his family. I have the honor to be Very Respectfully Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison, Wash. Arsenal July 4th 1865

General, I would respectfully request that Pvt. Alexander Foley, Co. B. 10th Regt. Vet. Res. Corps be ordered to report to me for the purpose of shaving & cutting the hair of the prisoners. Heretofore he has not reported regularly. I would much prefer that he remain here and then he will be present when wanted. I have the honor to be Very Respectfully Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 5th 1865.

General, I have the honor to report that the prisoners were permitted to exercise in the enclosed yard both in the morning and evening of yesterday. The inspections of the Surgeon & myself were made at 6 P.M. yesterday and at 7 o’clock this morning. I forward herewith the Surgeon’s reports. I have the honor to be Very Respectfully Your Ob’t Serv’t Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 6th 1865 General, I have the honor to report that the prisoners were taken out into the enclosed yard for a while both in the morning and evening of yesterday. The visits of the Surgeon and myself were made at 4 P.M. yesterday and at 7 o’clock this morning. I forward herewith Surgeon’s reports, also two letters by the prisoners Mudd & Arnold. I have the honor to be Very Respectfully Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock— Comdg. M. M. Div.—

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Mil. Prison Wash. Arsenal July 6th 1865

General, I think we will need about six ambulances to-morrow. Will you be kind enough to order about that number to report to me at an early hour to-morrow morning? I am General Very Respectfully Your Obt. servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 6th 1865 Colonel— I will require a Company of Cavalry in addition to the twenty sent me today. Will you be kind enough to order them to report to me at 8 o’clock tomorrow morning. I will need them only during the day.1 Very Respectfully—Your Obt. Servt.— Bvt. Maj. Genl. Gov. Com’dr. M.P. Colonel Taylor A.A.G.—Dept. Wash.— 1. Speculation suggests that Hancock used the cavalry to act as a relay from the White House to the Arsenal should President Johnson issue a last-minute reprieve for Mary Surratt.

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Mil. Prison Wash. Arsenal July 6th 1865

Col.— The Genl. directs that you station your whole Regt on 4½ St at 6 o’clock to-morrow morning distributing it equally on each square from the Arsenal Gate to Pa. Ave. Every Officer & man must be at his post throughout the day and see that perfect order is preserved along the street & its vicinity.1 I am Sir Very respectfully Your Obt. Servt. R. H. Watts Capt & A.D.C. To the Comdg Officer Regt. Near Arsenal Gate 1. July 7 was the day set for the execution of the four condemned prisoners: Lewis Powell, Mary Surratt, George Atzerodt, and David Herold. Hartranft took steps to ensure crowd control in case any trouble erupted outside the prison.

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Mil. Prison Wash. Arsenal July 7th 1865

General. I have the honor to report that the prisoners received their regular meals during the last 24 hours— The visits of the Surg. & myself were made regularly, the Drs. reports of which I forward herewith. I have the honor to be Very Respectfully Your Obt. Serv’t. Bvt. Maj. Genl. Gov. & Com’dr M.P. Maj. Genl. Hancock Comdg. M. M. Div.

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86 Mil. Prison Wash. Ars. July 7th 1865

General, For the purposes of the execution today you will observe the following Instructions for the disposition of your brigade. I. You will order one Regt. to report at the gallows to obey such instructions as I may give them, II. The 2nd Regt. will be stationed at the outside gate of the Arsenal Grounds, from which Regt. a strong line of sentinels will be established from the river to the canal just outside of the fence with instructions to allow no person to pass this line except at the main Entrance Gate and at that point only such persons as present a pass from the Hon. Secty. of War, Maj. Genl. Hancock or Bvt. Maj. Genl. Hartranfe [sic] and such persons as the “officer of the day” of the regular Arsenal Guard may direct. Any person, coming to the gate, desiring admission without the necessary authority may send his name with references to Major General Hancock at the Hd. Qrs. of the prison. A company of Cavalry will be ordered to report to the Comdg. Officer at the gate for the purpose of carrying

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these dispatches. The officer in command at this point must enjoin the strictest vigilance on the part of his men to preserve perfect order about the gate. III. From your 3rd Regt you will station a thin line of sentinels commencing at the N.E. corner of the Arsenal Grounds & extending along the east bank of the canal to the river bank with orders to allow no person whomsoever to cross this line; at points where the canal may be easily crossed the lines will be strengthened. The remainder of this Regt will be stationed at a point about one hundred yards south of the prison. IV. You will deploy your fourth Regt from N. W. Corner of the Arsenal Grounds down the bank of the river to the first Boat landing, from thence through the gate leading into the Arsenal and extend it to connect with the Sentinels of your third Regt. This line will allow no person to pass except at the main gate and at that point only such persons as the Officer in Command of the regular guard at the gate may direct. Very Respectfully Your Obt. Servt.— Bvt. Maj. Genl. Gov. & Com’dr. M.P. To Brig. Genl. C. H. Morgan 87

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Mil. Prison, Wash. Arsenal July 8th 1865

General, I have the honor to report that in obedience to your orders, I did on July 6th 1865 between the hours of 11 A.M. & 12 M., read the “Findings & Sentences” of Lewis Payne, G. A. Atzerodt, David E. Herold and Mary E. Surratt to each of them respectively and also delivered a copy of the same to each. All this in your presence. After I had finished reading the sentences I asked Lewis Payne if he had any friends to send for or any special minister of the Gospel whom he wished to see, he replied that his friends and relations were too far away, but that he would like to see Rev. Mr. Striker of Baltimore and Major Eckert, Asst. Secty. of War who had previously promised him the services of a Baptist Minister.1 I asked G. A. Atzerodt the same question. He desired to see his brother John C. Atzerodt, brother-in-law John L. Smith and Marshal McPhail all of Baltimore. Also Mrs. Rose and child, five years of age of Port Tobacco, MD. And some Lutheran minister.2 I asked David E. Herold the same

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question, he desired me to notify ^his family^ and that they would send him a minister.3 I also asked Mary E. Surratt, the same question. She desired me to send for Father Walters, Father Wiget, and Mr. Brophy and her daughter,4 who had been staying with her mother though she chanced to be absent in the city at this time. All of these persons were promptly sent for, those residing in Wash. by myself and those at a distance through Mr. Eckert Asst. Secty of War, either by special messenger or by telegraph. Each of them answered before the time of the execution and saw the prisoners except the child of Mrs. Rose. Fearing that some of the ministers called for would not be able to attend, I asked Genl Augur [major general commanding the 22nd Army Corps in charge of the defenses of Washington] to order three Chaplains to report to me at once. In answer to this request Rev. Mr. Vaux reported to me. He was admitted to see Payne and Atzerodt. Soon after Rev. J. S. Butler Lutheran minister reported who was assigned to G. A. Atzerodt. Late in the evening Rev. Mr. Winchester reported but as all the prisoners were in consultation with ministers, I directed him to report at 9 o’clock next day. During the afternoon Major Eckert introduced Rev. Dr. Gillette who took special charge of Lewis Payne. Rev. Dr. Striker arrived between the hours of 12 & 1 o’clock on the day of the execution and was immediately passed in to see Payne. During the afternoon of the 6th several of the sisters of Herold arrived and introduced Rev. Mr. Olds who was admitted as the attending minister to David E. Herold. Father Walters and Father Wiget arrived early in the afternoon of the 6th and remained with Mary E. Surratt most of the time up to the hour of execution. Messrs Aiken & Clampitt, Counsel, were permitted to see Mary E. Surratt a few moments on the day of her execution. Also Mr. Holohan, the occupant of her house. John C. Atzerodt brought his own mother-in-law, who was permitted to see the prisoner Atzerodt on the morning of the 7th. Mr. Doster & W. S. Cox, attorneys, were permitted to see Payne and Atzerodt for a few moments on the day of the execution. The scaffold was erected by workmen furnished by Major Benton under the direction of Capt. C. Rath one of my staff officers, who also took charge of the details during the execution. I cannot refrain from calling your attention to the faithful and efficient services of this Capt. on this important duty. Everything being in readiness at 1 P.M. 7th inst., the prisoners were conducted to the scaffold in the following order 1st Mary E. Surratt her guard and fathers Walters & Wiget. 2nd G. A. Atzerodt his guard & Rev. Mr. Butler. 3d David E. Herold his guard and Rev. Mr. Olds. 4th Lewis Payne his guard and Rev. Dr. Gillette, each of the prisoners was seated in a chair on the platform while the

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ministers in attendance offered a prayer in their behalf. The prisoners were made to stand ^and^ everything was made ready and ^in readiness^. The drop fell at 1:30 P.M. Life was pronounced by the Board of Surgeons appointed for that purpose to be extinct in each of the bodies at 1:50 P.M. The report of this board is forwarded herewith. About 9 o’clock A.M. Brig. Genl C. H. Morgan [Charles Hale Morgan, chief of staff, Middle Military Division, commanded by Winfield Scott Hancock] reported with a brigade of infantry for duty during the execution. Genl Morgan was very efficient in the disposition of troops and maintained perfect order at all points. All the officers and men on duty during the execution gave entire satisfaction. I have the honor to be Very Respectfully Your Obt. Servt— Bvt. Maj. Genl Gov. & Comdr M.P. 1. Powell requested Reverend Augustus P. Stryker, an Episcopal minister from St. Barnabas Church in Baltimore. Eckert, afraid Stryker would not arrive in time, asked the Reverend Abram Dunn Gillette, pastor of the First Baptist Church in Washington, to visit Powell. Stryker arrived at noon on July 7, in time to accompany Powell on the scaffold. 2. Mrs. Rose Wheeler was Atzerodt’s common-law wife from Port Tobacco. Atzerodt also requested Reverend Butler, a Lutheran clergyman. 3. David Herold’s family requested their minister, the Rev. Old. 4. Mary Surratt requested the presence of her daughter Anna, the Catholic priests Jacob Walter and Bernadine Wiget, and a close family friend, John Brophy.

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Mil. Prison Wash. Arsenal July 8th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time last evening. The visits of the Surgeon & myself were made at the usual hours, the Drs. Reports of which I forward herewith. For the particulars of the execution I would respectively refer you to my especial report of to-day.

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I am General Very Respectfully Bvt. Maj. Genl. Gov. & Comdr. M.P. Maj. Genl. Hancock Com’dg M. M. Div.

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90 U.S. Arsenal Mil. Prison Wash. D.C. July 8th 65

To Maj. Genl. Hancock Com’dg. M. M. Div. I respectfully ask what disposition I shall make of the following effects taken from the respective prisoners at the time I received them for confinement viz: Mrs. Surratt $5. U.S. Note Receipt for $5 which I paid to Annie E. Surratt By direction of her mother. Three bank bills uncurrent Note drawn in favor of Mrs. Surratt for An order about horses Gold watch ring Three keys 2 pocket knives Thimble Piece red velvet & needles George A. Atzerodt David E. Herold U.S. Bills Gold ring Neck tie

$8 $216.67

$1.44 $15

I am Genl. Your Most Obt Svt. Bvt. Maj. Genl. Comdg Prison

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Mil. Prison Wash. Arsenal July 9th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard yesterday for a short time, both in the morning and evening. The Surgeon and myself made our required visits both in the morning and evening of yesterday at the usual hours. The Drs. Reports are forwarded herewith. During the afternoon of yesterday Thomas Ewing Esq. was admitted to see the prisoners Dr. Mudd, Edward Spangler and Samuel Arnold. G. W. Arnold was permitted to see his son Samuel Arnold. W. S. Cox Esq. was permitted to see Samuel Arnold and Michael O’Laughlin. I forward herewith the several passes admitting the above named persons. I have the honor to be Very Respectfully Your Ob’t. Serv’t. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg M. M. Div.

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Mil. Prison Wash. Arsenal July 10th 1865

General, I have the honor to report that the prisoners were allowed to exercise in the enclosed yard for a while both in the morning and evening of yesterday. The inspections by the Surgeon and myself were made at the usual hours. The Dr’s reports of which I forward herewith. I also forward several letters written by the prisoners. I have the honor to be Very Respectfully Your Obt. Servt.

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Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. To Major Genl. Hancock Comdg M. M. Div.

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92 U.S. Arsenal Military Prison Wash. D.C. July 8th 1865

I respectfully recommend the following named officers for promotion in one grade by brevet1 for faithful service during the confinement, trial & execution of the conspirators.

Col. Levi Dodd Lt. Col. Wm. H. H. McCall Lt. Col. George W. Frederick Capt. Christian Rath Capt. Richard A. Watts 2d Lieut. David H. Gessinger

211th Regt. Penna. Vols. 200th " " " 209th " " " 17th Mich. Infty 17th Mich. Infty. 205th Regt. Penna. Vols.

Also Captain Rath to be Lt. Col. by Brevet for especial efficient services during the same. These officers all belong to organizations already mustered out. I would add that I am well acquainted with the good conduct of these officers on the field for which they have already been recommended by their Division Commanders for promotion by Brevet. I am Genl. Your most Ob’t. Servt. Bvt. Maj. Genl Gov. & Comdr. M.P. Major General Hancock Com’dg. M. M. Div. 1. The word brevet refers to a special type of promotion “conferring upon an officer a grade in the army additional to and higher than that which he holds by virtue of his commission.” Brevets were awarded for “gallant action or meritorious service,” according to Roger D. Hunt and Jack R. Brown, Brevet Brigadier Generals in Blue (Gaithersburg, Md.: Old Soldier Books, Inc., 1997), v.

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U.S. Arsenal Mil. Prison Wash. D.C. July 9th 1865

Major Genl. Hancock Com’dg. M. M. Div. I respectfully recommend Dr. George L. Porter (First Lieut.) Assistant Surgeon for promotion by Brevet for faithful and efficient services during the confinement of the conspirators in administering to their daily wants. I am General Your most Ob’t. Servt. Bvt. Maj. Gen’l Comdg. Prison

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U.S. Arsenal, Mil. Prison Wash. D.C. July 10th 1865

Major General Hancock Com’dg. M. M. Div. I have the honor to report that I received today at 12.30 P.M. Richard S. McCulloh and Thomas A. Harris1 prisoners, from First Lieut. Stephen Kearney and confined them in the cells—the former in cell No. 168, the latter in cell 177 without irons. I am Genl. Your Most Ob’t. Servt. Bvt. Maj. Gen’l. Gov. & Com’dr. M.P. 1. Richard McCulloh and Thomas A. Harris were Confederate Secret Service operatives who worked on developing chemical weapons. They shared a common code name, “Constantinople.” McCulloh, a former professor at Columbia College, developed a poisonous gas and a form of Greek Fire resembling modern oxygen-consuming gases.

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Mil. Prison Wash. Arsenal July 11th 1865 General, I have the honor to report that the prisoners were given exercise in the enclosed yard yesterday the same as usual. At 12.30 P.M. yesterday I received into my custody Richard P. McCulloh and Thomas A. Harris and in accordance with instructions confined them in cells, the former in cell 168 and the latter in cell 177. At 12.40 Geo. Arnold, Chas. A. Arnold and Mrs. E. M. Arnold presented a permit to have an interview with the prisoner Saml. B. Arnold.1 They were permitted to have the interview in the Court Room under the usual restrictions. The visits of the Dr. and myself were made at the usual hours. I forward herewith the Drs’ reports, also the pass admitting the friends of Arnold. I have the honor to be Very Respectfully Your Obt. Servt. Bvt. Maj. Gen’l. Gov. & Comdr. M.P. Major General Hancock Comdg. M. M. Div. 1. George Arnold was the father of prisoner Samuel Arnold; Charles was his younger brother. Mrs. E. M. Arnold is unknown, but was likely another relative or in-law.

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Mil. Prison Wash. Arsenal July 12th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard both in the morning and evening of yesterday. The visits of the Surgeon and myself were made at the usual hours last evening and this morning. I forward the Drs’ reports herewith. I also forward a communication from the prisoner McCulloh. I am General Very Respectfully

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Bvt. Maj. Genl. Gov. & Com’dr. M.P. To Maj. Genl. Hancock Com’dg. M. M. Div. 95

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Mil. Prison Wash. Arsenal July 13th 1865.

General, I have the honor to report that the prisoners were allowed to exercise in the enclosed yard yesterday as usual. The visits of the Surgeon and myself were made at the usual hours last evening and this morning. I forward the Surgeon’s reports herewith. I have the honor to be Very Respectfully Your Ob’t. Servt. Bvt. Maj. Genl— Gov. & Com’dr. M.P. Maj. Genl. Hancock Comdg. M. M. Div.

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—Mil. Prison Wash. Arsenal July 14th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard a while both in the morning and evening yesterday. The Surgeon & myself made our regular visits yesterday morning and this morning at the usual hours. I forward the Dr’s reports herewith. I have the honor to be Very Respectfully Your Obt. Servt.

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Bvt. Maj. Genl Gov. & comdr. M.P. Maj. Gen’l. Hancock Comdg. M. M. Div.

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96 U.S. Arsenal Wash. D.C. July 14th 1865

Maj. Genl. C. C. Augur Recorder of Military Board In compliance with your [entry breaks off]

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Mil. Prison Wash. Arsenal July 15th 1865

General, I have the honor to report that the prisoners were allowed to exercise in the enclosed yard the same yesterday as usual. The visits of the Med. Inspector and myself were made last evening and this morning at the usual hours. At 11.30 A.M. yesterday Mrs. Porter and Mrs. Harris presented a permit from the Hon. Sec. of War to see the prisoner Harris, they remained with him until 3 P.M. I forward herewith the Surgeon’s reports also the pass admitting Mrs. Harris and Porter. I am General Your Most Ob’t. S’v’t. Bvt. Maj. Genl. Gov. & Com’dr. M.P. To Maj. Genl. Hancock Com’dg. M. M. Div.

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Mil. Prison Wash. Arsenal July 15th 1865

General, Upon being relieved of Command at this place, I will have to turn over such Government Property as I have on hand. I would respectfully ask an order from you designating the person to whom I shall invoice this property. I have the honor to be Very Respectfully Your Ob’t. Servt. Bvt. Maj. Genl Gov. & Com’dr. M.P. Maj. Genl. Hancock Com’dg. M. M. Div. 97

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U.S. Arsenal Mil. Prison Washington, D.C. July 15th 1865

Maj. Genl. W. S. Hancock Com’dg M. M. Div. Wash. D.C. About 10 o’clock in the forenoon of the day of the execution July 7th 65, Mr. Brophy came to my quarters saying that Judge Holt desired Father Walter to put in writing, the statement which Payne had made to him relative to the innocence of Mrs. Surratt. I immediately called Father Walter who was then in the cell of—Mrs. S——, into my room, and he proceeded to write the statement. Believing that Judge Holt desired the best possible evidence as to Payne’s sayings, I remarked to Father Walter, that perhaps it would be better for me to add what Payne had said to me; to which he assented. I then made the endorsement which I presume is in the possession of Judge Holt as nearly in the words of Payne as I could remember and added that I believed Payne had told the truth in this matter.1 In this, I did not by any means intend to express my own opinion of the guilt or innocence of Mrs. Surratt, but simply that I

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believed Payne had told the truth according to the best of his knowledge and belief. I am Genl Your Most Ob’t. Sv’t. Bvt. Maj. Genl. Com’dg Prison 1. On learning of Powell’s statement to Father Walter that Mary Surratt “was innocent of the murder of the President,” Judge Advocate Holt told Hartranft to have Father Walter put the statement in writing and send it to him; Hartranft then added his own endorsement. General Hancock later ordered Hartranft to explain his endorsement, and Hartranft did so.

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Endorsement on an order to relieve Sergt. W. R. Kenny U.S. Arsenal Mil. Prison July 15th 1865 Sergeant Kenny now turnkey at this prison cannot be relieved except by order of Maj. Genl. Hancock Com’dg. M. M. Div. Bvt. Maj. Genl. Comdg. Prison

Confidential1

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98 U.S. Arsenal Mil. Prison Wash. D.C. July 15th 1865

Maj. Genl. C. C. Augur Com’dg. Dept. Wash etc. In accordance with directions received from Major Genl Hancock, I respectfully request a detail of two ^one^ officers, two ^one^ Sergeants, six ^three^ Corporals and forty two 24 privates, provided with at least 30 days ship rations, to be held in readiness in camp to move at a moments notice.

154

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Also one ^three^ corporal & three ^nine^ men with 21 days rations on their persons to be in readiness in camp to move at a moments notice. I am Gen’l Your Most Ob’t. Sv’t. Bvt. Maj. Gen’l. Com’dg. Prison 1. The reports recorded on page 98 of the Letterbook were recopied on page 100. Page 99 (blank) was glued over page 98, covering it up and leaving the next unused page as 100. This report and the following one, both marked “Confidential,” presumably reflect the fact that orders concerning the transportation of prisoners were not made known until moments before the prisoners were removed from their cells to the ship for transport.

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U.S. Arsenal Mil. Prison Wash. D.C. July 15th 1865—

Confidential Bvt. Maj. Genl. Rucker Chief Quarter Master Wash. D.C. By direction of Major General Hartranft ^Hancock^, I respectfully make application for transportation as follows: For Lt. Col. G. W. Frederick, guard of four men and one prisoner from Wash. D.C. to Richmond, Va. and return except the prisoner. For Capt. Christian Rath, one ^4^ guard and one prisoner from Wash. D.C. to Fort Delaware and return except prisoner. For Capt. Richard A. Watts, one ^4^ guard and one prisoner from Wash. D.C. to Fort McHenry and return except prisoner. For 30 guards and prisoners with rations from the Arsenal Wharf to the vessel provided for the “Sea Trip” to be in readiness upon two ^one^ hours notice. I am Genl. Your Most Obt. Svt. Bvt. Maj. Genl. Comdr. M.P.

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155

[blank]1

99

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100

1. See note 1 on page 154.

Confidential

U.S. Arsenal Wash. D.C. July 15th 1865

Maj. Genl. C. C. Augur Com’dg. Dept. Wash etc. In accordance with directions received from Major Gen’l Hancock, I respectfully request a detail of one officer, one Sergeant, three Corporals and twenty four privates, provided with at least 30 days ship rations, to be held in readiness in camp to move at a moments notice. Also three corporals & nine men with four days rations on their persons to be in readiness in camp to move at a moments notice. I am Genl Your Most Ob’t. Servt. Bvt. Maj. Gen’l. Com’dg. Prison

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U.S. Arsenal Mil. Prison Wash. D.C. July 15th 1865—

Confidential Bvt. Maj. Genl. Rucker Chief Quarter Master Wash. D.C. By direction of Major General Hancock, I respectfully make application for transportation as follows: For Lt. Col. G. W. Frederick, guard of 4 men and one prisoner from Wash. D.C. to Richmond, Va. and return except the prisoner. For Capt. Christian Rath, four guards and one prisoner from Wash. D.C. to Fort Delaware and return except prisoner.

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For Capt. Richard A. Watts, four guards and one prisoner from Wash. D.C. to Fort McHenry and return except prisoner. For 30 guards and prisoners with rations from the Arsenal Wharf to the vessel provided for the “Sea Trip” to be in readiness upon one hour notice. I am Gen’l. Your Most Obt. Svt. Bvt. Maj. Gen’l. Com’dg. M.P.

101

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U.S. Arsenal Mil. Prison Wash. D.C. July [blank] 1865

Lt. Col. George W. Frederick 209th P. V. 1 I am directed by Maj. Genl. Hancock to place in your charge Richard S. McCulloh, a prisoner, for conveyance, under secure guard, to Richmond, Virginia, there to be delivered to Maj. Genl. Terry2 for close confinement. The accompanying letter of instructions, you will deliver to Gen’l. Terry. You will proceed with your charge without delay, the necessary guard and transportation being in readiness. Upon your return you will deliver your receipt for the prisoner to the Adjutant General of the Army, and apply to him for muster out under previous orders. I am Lt. Col. Your Most Ob’t. Servt. Bvt. Maj. Gen’l. Com’dg. Prison 1. Pennsylvania Volunteers. 2. Alfred Howe Terry commanded the 10th Army Corps under William Tecumsah Sherman in North Carolina.

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U.S. Arsenal Mil. Prison Wash. D.C. July [blank] 1865. Capt. ^Bvt. Lt. Col.^ Christian Rath 17th Mich. Infantry I am directed to place in your charge Burton N. Harrison, prisoner, for conveyance under a secure guard to Fort Delaware, and there deliver him to Brig. Genl. Schoeff the Commander if the Fort, to be kept in close custody. You will also deliver the accompanying letter of instructions Brig. Genl. Schoeff. On the route you will not permit the prisoner to communicate with any person. You will proceed without delay with your charge the necessary guards and transportation being in readiness. Upon your return you will present your receipt to the Adjutant Genl. of the Army, and apply for muster out under previous instructions. I am Capt. Your Most Obt. Servt. Bvt. Maj. Genl. Comdg. Prison

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102 U.S. Arsenal Mil. Prison Wash. D.C. July [blank] 1865

Capt. ^Bvt. Lt. Col.^ Richard A. Watts 17th Mich. Infty. Capt. I am directed by Maj. Genl. Hancock to place in your charge Thomas A. Harris, prisoner, for conveyance under safe guard to Fort McHenry Md. there to be kept in confinement until further orders. You will also deliver the accompanying letter of instruction to the Commander of the Fort. You will proceed without delay with your charge, the necessary guards & transportation being in readiness. Upon your return you will present your receipt to the Adjutant Genl. of the Army and apply for muster out under previous instructions. I am Capt. Your Most Ob’t. Sv’t. Bvt. Maj. Gen’l. Com’dg. Prison

158

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104

Mil. Prison Wash. Arsenal July 16th 1865

General, I have the honor to report that the prisoners were taken out into the enclosed yard for a short time both in the morning and evening of yesterday. The inspections of the Surgeon and myself were made at the proper hours last evening and this morning. I forward herewith the Surgeon’s reports. I also forward a letter written by Dr. Mudd to his family and one by McCulloch [sic] to his wife. I have the honor to be Very Respectfully Your Ob’t. Servt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. Hancock Comdg. M. M. Div.

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Mil. Prison, Wash. Arsenal July 16th 1865—

General, I have the honor to report that in accordance with your orders, I have turned over the effects of Mary E. Surratt, David E. Herold, Lewis Payne and G. A. Atzerodt to their relatives as named by you. I enclose herewith the receipts. I have the honor to be Very Respectfully Your Obt. Servt.

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Bvt. Maj. Gen’l. Gov. & Comdr. M.P. Maj. Genl. Hancock Comdg. M. M. Div.

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105 U.S. Arsenal Military Prison Wash. D.C. July 17th —65

Maj. Genl. W. S. Hancock Com’dg. M. M. Div. Gen’l. I have the honor to report that the prisoners were taken out into the enclosed yard during yesterday afternoon. The Surgeon and myself made the regular visit. Report of Surgeon is herewith forwarded. In obedience to your orders at 2½ o’clock P.M. yesterday, Richard S. McCulloch, prisoner, was sent to Richmond, Va, in charge of Bvt. Col. Geo. W. Frederick. At 7 P.M. same day, Thomas A. Harris, prisoner, was sent to Fort McHenry, Md. in charge of Bvt. Lt. Col. Richard A. Watts. At 10 A.M. today, Michael O’Laughlin, Edward Spangler, Samuel Arnold, Samuel Mudd, criminals, were placed on board the steamer, “State of Main” then lying at the Arsenal Wharf, and placed them in charge of Bvt. Brig. Genl. Levi A. Dodd, who has full instructions as to their destination.1 The boat started at 2 A.M. and at 4 A.M. to-day, Burton N. Harrison, prisoner, was sent to Fort Delaware in charge of Bvt. Lt. Col. C. Rath. This disposes of all the prisoners, and I have relieved all the exterior and interior guards except 1 Serg. 1 Capt & 9 men to guard my quarters which I will retain until I have turned over the Government property to Capt Moore A. Q. M. I will relieve the turnkeys and clerk as soon as possible. I am General, Your Most Ob’t. Servt. Bvt. Maj. Gen’l Gov. & Com’dr M. P. 1. Originally scheduled to serve their prison sentences at a federal penitentiary, Mudd, Arnold, O’Laughlen, and Spangler were reassigned at the last moment to the military prison at Fort Jefferson in the Dry Tortugas off the Florida Keys. They were accompanied by a military guard under the command of newly promoted Bvt. Brig. Genl. Levi Axel Dodd.

160

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U.S. Arsenal Mil. Prison Wash. D.C. July 17th —65

Maj. Genl. Hancock Comdg. M. M. Div. Genl. I have the honor to apply for a leave of absence to take effect as soon as my duties are closed in the prison. I am Genl. Your Most Obt. Svt. Bvt. Maj. Genl. Com’dg. Prison

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Wash. Arsenal July 19th —1865—

General, I have the pleasure of recommending Sgt. W. R. Kenney, Co. “A” 12th Regt. V.R.C. for a furlough of thirty days. Gen’l. Hancock promised this to all who were kept confined here during the trial. Sgt. Kenney has been very efficient and attentive to duties and has not passed out the gate for nearly three months. I have the honor to be Your Ob’t. Svt. Bvt. Maj. Genl. Gov. & Com’dr. M.P. Maj. Genl. C. C. Augur Com’dg. Dept. Wash. D.C. 107

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Appendix

Reproductions from the Letterbook

Hartranft’s Appointment and the Rules of the Prison (first section)

appendix

163

A Typical Two-Page Spread from the Letterbook

appendix

165

Hartranft’s Response on Charges Mudd Was Given Special Treatment

The Execution Order from Major General Hancock



Courtesy Hartranft Collection, Pennsylvania State Archives

Hartranft’s Report of the Execution

appendix

169

(continued)

170 Hartranft’s Report of the Execution (continued)

appendix

Index Aiken, Frederick A., 30, 52, 143 Alcohol. See Drunkenness Alexandria, Va., 6 Ammunition, 42, 116–18 Antietam, Battle of, 8 Appomattox Court House, 11, 13 Archer, L. W., 130 Armory Square Hospital, 93, 93n1 Army of the Potomac. See Union Army Arnold, Charles A., 149, 149n1 Arnold, George William, 122, 123n1, 146, 149, 149n1 Arnold, Mrs. E. M., 149, 149n1 Arnold, Samuel Bland: arraignment of, 88; arrest of, 15, 74n1; cell change for, 123; on construction of scaffold, 49; defense attorney for, 30, 39, 94, 96, 97, 97n1; imprisonment of, at Fort Jefferson, following p. 59; and kidnap plot against Lincoln, 35–36; life sentence for, 49, 159n1; newspapers on, 30; pardon of, following p. 59; photograph of, following p. 59; physical appearance of, 30; transfer of, from Washington Arsenal prison, 159, 159n1; visitors for, in prison, 47, 122, 146, 149 Arsenal prison. See Washington Arsenal prison Arthur, Chester Alan, 58 Assassination conspirators. See Lincoln assassination conspirators Attorneys. See Trial of Lincoln assassination conspirators; and specific attorneys Atzerodt, George Andrew: arraignment of, 88; arrest of, 18, 26, 95n2; and assassination plot against Lincoln, 35; bathing and clothing for, 79, 111, 111n1; confession of, 25–28, 73–74; defense attorney for, 26, 30–31, 52, 102, 143; execution of, 52–53, following p. 59,

143–44, 168–70; execution order for, 48–49, 51, 142, 167; and failed assassination plans against Johnson, 16, 17–18, 26; father of, 18n8; final hours of, 52, 143; minister for, 52, 143, 144n2; newspapers on, 30; photograph of, following p. 59; physical appearance of, 30; possessions of, 145, 158; shackles and leg chain with iron ball for, 24, 28, 43, 79, 111, 111n1, 112; visitors for, in prison, 47, 52, 90, 134, 143, 144n2 Atzerodt, Henry, 18n8 Atzerodt, John C., 25–26, 52, 134, 134n1, 143 Augur, C. C.: military duties of, 76n1, 109n2; and military personnel for Washington Arsenal prison, 68, 76, 86–87, 155; and ministers at execution, 52, 143; prisoner transfer to, 108; and search for suspects after Lincoln assassination, 19; and transportation of prisoners, 153–54, 154n1 Baker, Lafayette C., 23, 24, 72, 73n2 Baltimore Clipper, 17 Barber services, 46, 134, 138 Barnes, Joseph K., 45, 124n1 Bathgate, J. C., 130 Bathing by prisoners, 28, 43, 46, 79, 80 Benton, Major, 52, 76, 77, 81, 143 Bingham, John A., 35, 44, following p. 59 Black troops, 9, 10 Booreman, E. I., following p. 59 Booth, John Wilkes: assassination of Lincoln by, 13–15, 35, 39, 40; burial of, 23; death of, 13, 20, 22; escape route of, 22, 79n1; injury of, 19; and kidnap plot against Lincoln, 27, 35–36, 40; on Lincoln’s despotism, 6, 6n5; medical treatment for, 42, following p. 59; and Mudd, 17–20, 40, following p. 59;

172 Booth, John Wilkes (continued): naming of, in charges against prisoners, 29; and Spangler, 14–15; stable for horses of, 15; at Surratt’s boardinghouse, 40 Booth, Junius Brutus, 14 Boyle, Father Francis, 28, 78 Brophy, John P., 52–54, 143, 144n4, 152 Brown, John, 4 Brown, Katharine Virginia. See Herold, Katharine Virginia Bull Run, First Battle of, 6–7 Bull Run, Second Battle of, 7 Burnett, Henry L., 35, following p. 59, 83, 83n1 Burnside, Ambrose E., 9 Buroughs, “Peanut John,” 15 Butler, Rev. J. S., 52, 143, 144n2 Cameron, Simon, 57 Campbell’s Station, Tenn., Battle of, 8 Canada, 39, 40 Celestino, John (Joao), 108, 108–9n1 Chaconas, Joan L., 27, 74n2 Chantilly, Va., 8 Chapman-Smith, V., xii Charges against Lincoln assassination conspirators, 28–29, 85 Civil War, 5–11, 13, 59, 130n1. See also specific battles Clampitt, John W., 30, 52, 143 Clay, Clement C., 29 Cleary, William C., 29 Clendenin, David R., 35, following p. 59, 86n1 Clothing and shoes for prisoners, 28, 43, 46, 78, 79, 80, 92, 95, 100, 107, 111, 111n1 Clough, J. M., 83, 90 Cold Harbor, Battle of, 10 Comstock, Cyrus B., 35 Confederate Secret Service, 148, 148n1 Conspiracy law, 36, 55 Conspirators. See Lincoln assassination conspirators Courier, Charles, 73–74, 74n1 Courtroom: construction work in, 24, 76; drawing of, following p. 59, 96; floor plan

index of, following p. 59; gas fixtures for, 81; matting for floor of, 79. See also Trial of Lincoln assassination conspirators Cox, Jacob B., 8 Cox, Walter S., 30, 52, 95, 96n1, 143, 146 Crater, Battle of, 10 Crawford, George L., 90 Dana, David, 19 Davis, Jefferson, 14, 29, 39–40, 42–43, 106n2, 109–10, 110n1 Defense attorneys. See Trial of Lincoln assassination conspirators; and specific attorneys Democratic Party, 4, 9, 38, 56 Denis, Major, 94 Dewitt, Col., 72 Dix, Dorothea, 25 Dodd, Levi Axel: as assistant to Hartranft, 21, 75, 85, 104; and bathing and clothing changes for prisoners, 28, 79; and lawyerclient meetings, 39, 97, 99; military regiment of, 104, 109; photographs of, following p. 59; promotion for, 147; and transportation of prisoners, 159, 159n1; during trial, 92 Doster, William E.: on difficulties of lawyerclient communication, 38; and insanity defense for Powell, 31, 43–45, 122, 123, 123n2, 125; legal education and career of, 102n1; and McPhail’s testimony, 26–28; as Powell’s defense attorney, 30, 38, 43–45, 52, 102, 143 Drunkenness, 42, 93, 119 Dutton, George, following p. 59 Earnshaw, Alice King, 132n1 Earnshaw, Georgia Isabell, 132n1 Eckert, Thomas: as assistant secretary of war, 74n1; and Dr. Gray, 125; and Harrison as prisoner, 106, 107; and McPhail’s testimony, 27; and ministers at execution, 51–52, 143; and prison visits, 73–74, 84, 114; and right to counsel, 88 Ekin, James A., 35, following p. 59, 86n1 Emancipation Proclamation, 9 Engineering, 3–4

index Ewing, Thomas: and challenge to military tribunal’s right to try defendants, 37–38; as defense attorney for Mudd, Arnold, and Spangler, 29, 39, 91n1, 96, 97, 97n1, 146; and Herold’s statement, 41–42, 101n1; legal and military career of, 30, 97n1; and request to Johnson for remission of Mudd’s sentence, 101n1 Execution of Kehoe, 56–57 Execution of Lincoln assassination conspirators: criticisms of Surratt’s execution, 56; Hartranft’s report on, 51–53, 142–44, 168– 70; military security for, 50, 53, 140, 140n1, 141–42, 144; ministers at, 52–53, 142–44; order for, 48–49, 167; photographs of, 50–51, following p. 59; prisoners’ arrival on scaffold, 52–53, 143–44; Rath as hangman, 43, 49–50, 52, following p. 59, 143; ropes used for hanging, following p. 59; scaffold for hanging, 49–50, 52, following p. 59; witnesses of, 50–51, following p. 59 Exercise for prisoners, 107, 120, 125, 126, 126n2, 127n1, 132–34, 136–39, 144, 146, 149–51, 158, 159 Falkner, Robert A., 93 Ferrero, Edward, 8 Foley, Alexander, 46, 134, 138 Food. See Meals Ford, John, 14 Ford, John T., 56 Ford’s Theatre, 14–16 Fort Delaware, 39, 43, 154, 157, 159 Fort Jefferson, following p. 59, 159n1 Fort McHenry, 154, 157, 159 Fort Monroe, 110n1 Fort Stedman, 10–11, 59 Fort Sumter, 5 Fortress Monroe, 15 Foster, Robert S., 35, 85n1 Franklin, William B., 6 Frederick, George W.: as assistant to Hartranft, 21, 79, 104; military regiment of, 104, 107; photograph of, following p. 59; promo-

173 tion for, 147; and transportation of prisoners, 154, 155, 156, 159 Fredericksburg, Battle of, 8, 9 Fry, James B., 6 Gambone, A. M., 3n1, 57 Gardner, Alexander, 50–51, 50n7 Garfield, James A., 22, 30, 58 Garrett, Richard, 22 Geissinger, David H., 21, following p. 59, 71, 104, 147 Gemmill, Zachariah W., 18 Gettysburg Address, 9 Gettysburg, Battle of, 9 Gettysburg College, xi, xii Gibson, Alfred C., 75 Gillette, Rev. A. D., 49, 52, 53, 143, 144n1 Grant, Ulysses S., 8, 10, 11, 13, 25, 57 Gray, John P., 125–27, 125n1, 127n1, 129, 132 Hall, James C., 44–45, 122, 123, 123n2, 124n1 Hancock, Winfield Scott: and ammunition at Washington Arsenal prison, 116–18; as commander of Middle Military District and Hartranft’s superior, 21–22; on construction work in prison, 24, 76, 79, 81; execution order by, 48–49, 51, 167; and execution report by Hartranft, 51–53, 142–44, 168–70; military reputation of, 22; and military security for Washington Arsenal prison, 128; on Mudd’s preferential treatment during trial, 41, 89–90; photograph of, following p. 59; and Powell’s assertions of Surratt’s innocence, 54, 55, 152–53, 153n1; as presidential candidate, 22; and requests from prisoners, 28; Rules of the Prison by, 65–69; and trial of conspirators, 41, 46; and witnesses to execution, 50. See also Washington Arsenal prison Hanging. See Execution of Lincoln assassination conspirators Harbin, Thomas, 17 Harper, George, 29 Harris, Mrs., 151

174 Harris, Thomas A., 148–49, 148n1, 151, 157, 159 Harris, Thomas M., 31–32, 35, 37, following p. 59, 86n1 Harrison, Benjamin, 58 Harrison, Burton N., 42–43, 106, 106n1, 107, 116, 120, 157 Hartranft, John Frederick: appointment of, as commander of Washington Arsenal prison, 12, 21, 59, 66; biography of, 3–12; birth, 3; Congressional Medal of Honor for, 7; criticisms of, 56; death of, 58; education of, 3; and engineering, 3–4; equestrian memorial to, 58–59; father of, 3, 4; as governor of Pennsylvania, 56–58; illness of, 58; as lawyer, 4; Letterbook of, ix, 71–107; marriage of, 4, 48–49; military career of, during Civil War, 5–11, 59; photographs and portrait of, 51, following p. 59; physical appearance of, 5; political career of, 4, 5, 56–58; postwar career of, 56–59; as presidential candidate, 57; promotions for, during Civil War, 8, 9, 11. See also Execution of Lincoln assassination conspirators; Letterbook (Hartranft); Trial of Lincoln assassination conspirators; Washington Arsenal prison Hartranft, Sallie, 48–49 Hartranft Affiliated Archives, xi Hartsuff, George L., 11 Hatten/Hatter, John, 84, 84n1 Hayes, Rutherford B., 57, 58 Heintzelman, Samuel P., 6 Herold, David Edgar: arraignment of, 88; arrest of, 13, 20, 22; and assassination plot against Lincoln, 35; cell change for, 123; defense attorney for, 30, 41–42, 99–101; escape route of, 22, 79n1; execution of, 52–53, following p. 59, 143–44, 168–70; execution order for, 48–49, 51, 142, 167; final hours of, 52, 143; food for, 47, 108; minister for, 52, 143, 144n3; and Mudd, 18–19; newspapers on, 31; pardon requested for, 41–42; photograph of, following p. 59; physical appearance of, 31; possessions of, 145, 158; sisters of, 131, 132n1; statement of, 41–42, 100–102,

index 100n1, 101n1; Surratt’s denial of acquaintance with, 17; visitors for, in prison, 47, 52, 94, 99, 108, 114, 126, 131, 136, 137, 143 Herold, Elizabeth Jane, 94, 95n1, 99, 108, 114, 126, 131, 132n1 Herold, Katharine Virginia, 126, 127n1, 131, 132n1 Hitchcock, Ethan Allen, 112, 112n1, 114 Holohan, John T., 52, 55, 55n14, 92n2 Holt, Joseph: and Atzerodt’s confession, 27; and charges against conspirators, 28–29, 85; and defense attorneys for prisoners, 29; and Herold’s statement, 41–42, 100, 100n1; photograph of, following p. 59; and Powell’s assertions of Surratt’s innocence, 54, 152, 153n1; and trial of conspirators, 35, 39–40, 44–45, 85, 86n3 Hoods for prisoners, 23–24, 28, 41, 43, following p. 59, 73, 74, 74n3, 79, 84, 115, 121 Howe, Albion P., 35, following p. 59, 85n1 Hubbard, John B., 44 Hunter, David, 35, following p. 59, 85n1, 96, 96n3 Ingraham, Timothy, 106, 106n1 Insanity defense, 31, 43–45, 122, 123, 123n2, 124n1, 125, 125n1 Jackson, Miss., 8 Jett, William “Willie” Storke: arrest of, 22; and Booth, 79n1; handcuffs and irons for, 82, 99; minister for, 28, 79; in Mosby’s Rangers, 24n3; photograph of, following p. 59; as prosecution witness, 99, 99n1; request to write letters by, 79; transfer of, to Augur, 108; transfer of, to Washington Arsenal prison, 22, 24, 78 Johnson, Andrew: and clemency recommendation for Surratt, following p. 59; denial of reprieve for Surratt by, 51, 54–55, 140n1; failed assassination plans against, 16, 17–18, 26; and Hartranft’s appointment as commander of Washington Arsenal prison, 12, 21; impeachment hearings against, 27; and pardon for Herold, 41–42; pardons for

index Mudd, Arnold, and Spangler by, following p. 59, 101; photograph of, following p. 59; and trial by military tribunal for conspirators, 21, 33, 34 Johnson, Reverdy, 36–38, 94 Kautz, August V., 35, following p. 59, 86n1 Kearney, Stephen, 148 Keeler, William, following p. 59 Kehoe, Jack, 56–57 Keilholtz, Emma Francis, 132n1 Kenny, W. R., 153, 160 Kirby, William Wallace, 92, 92n1 Knox, Maj., 84 Knoxville, Tenn., 8, 9 Lawyers. See Trial of Lincoln assassination conspirators; and specific attorneys Leaman, James and Somerset, 18 Lee, Robert E., 11, 13, 31, 130n1 L’Enfant, Pierre, 24–25 Letterbook (Hartranft): as daily record of government official, ix; Editor’s Note on, 63–64; rediscovery of, xi-xii; reproductions from, 162–70; Rules of the Prison in, 65–69, 162–63; text of, 71–107. See also Hartranft, John Frederick; Washington Arsenal prison Lincoln, Abraham: assassination of, 5, 12, 29, 40; and Civil War, 5, 10; and Emancipation Proclamation, 9; funeral train and funeral services for, 13, 22; Gettysburg Address by, 9; and Harpers Ferry raid, 4; on history, ix ; kidnap plot against, 27, 35–36; newspapers on, 38; portraits of, 50; as postmaster, 58; and presidential election (1860), 4; and presidential election (1864), 9, 10; Sartain engraving of, 4, 4n3; and Vallandigham’s trial, 33; and Washington Arsenal, 25 Lincoln assassination conspirators: captures and arrests of, 13–20; charges against, 28–29, 85; conspiracy charges against, 36, 55; defense attorneys for, 26, 29–31, 36–39, 43–45, 91, 94–96, 99–102; execution of, 48– 55, 143–44; humane treatment of, during

175 imprisonment and trial, 26, 43–44, 46, 47, 51–52, 126, 142–43; newspaper interest in, 30–32; public opinion on, 32; transfer of, to Washington Arsenal prison, 20, 22, 24, 78; trial of, 21, 33–47, 88–89, 92, 94–103, 105–7, 109–11, 113, 115–16, 118–24, 127–30, 132–33. See also Trial of Lincoln assassination conspirators; Washington Arsenal prison; and specific conspirators Lloyd, John, 40 London Times, 7 Lovett, Alexander, 19–20 Loyalty oath, 36–37 Mansfield, John, 72 Maryland, 5–6, 36–37 McCall, William H. H.: as assistant to Hartranft, 21, 75, 83, 104; photograph of, following p. 59; promotion for, 147 McClellan, George B., 4, 9 McCulloh, Richard, 148–49, 148n1, 156, 158, 159 McCullough, John, 16n4 McDevitt, James A., 15–16, 16n4 McDowell, Irvin, 6 McPhail, James L.: arrests of conspirators by, 26, 74n1, 81n2; and Atzerodt’s confession, 25–26, 73–74, 74n2; and Atzerodt’s final hours, 52, 143; as Maryland provost marshal, 74n1, 134n1; prison visits by, 73–74, 74n2, 78, 80, 85, 90; testimony of, 26–28 Meals: cost of, 47, 135; for courtroom personnel, 87; and extra food for prisoners, 47, 108; for prisoners, 23, 24, 46–47, 67–68, 72–74, 77–84, 135 Medical examinations of prisoners, 23, 67, 72, 74, 80 Military tribunals, 33–35, 37–38. See also Trial of Lincoln assassination conspirators Molly Maguires, 56–57 Monocacy Junction, 18 Montauk, USS, 15, 22 Moore, Capt., 159 Morgan, Charles Hale, 53, 144 Mosby’s Rangers, 24n3, 102n2

176 Mudd, George, 18–19 Mudd, Samuel Alexander: arraignment of, 88; arrest of, 20, 79n1; Atzerodt’s confession involving, 26, 27, 74n2; as boatman, 17; and Booth, 17–20, 40, following p. 59; clothing for, 95, 100; defense attorneys for, 29–30, 39, 47n24, 85, 91, 94, 96, 97, 97n1, 101; and hood, 41, 43, 90, 90n1; imprisonment of, at Fort Jefferson, following p. 59; interrogation of, 19–20; and kidnap plot against Lincoln, 35–36, 55; letters from, to his family, 28, 47, 79, 137, 158; life sentence for, 49, 159n1; and medical aid for Booth, 42, following p. 59; newspapers on, 31–32; in Old Capitol Prison, 20, 79n1; pardon of, following p. 59; photograph and sketch of, following p. 59; physical appearance of, 31–32; preferential treatment given to, during trial, 41, 89–90; public opinion on, 32; transfer of, from Washington Arsenal prison, 159, 159n1; transfer of, to Washington Arsenal prison, 22, 24, 78; and trial seating, 41, 89–90, 92; trial testimony against, 40; visitors for, in prison, 47n24, 146; as voluntary informant, 18–19 Mudd, Sarah Francis Dyer, 28, 47, 47n24 National Archives and Records Administration (NARA), xi–xii Nelson, Mary Alice, 94, 95n1, 99, 108, 114, 132n1 New Bern, N.C., Battle of, 7 New York Times, 38 New York World, 38 Nichols, Charles H., 44, 123n2 Norris, Basil, 45, 123, 124n1 O’Laughlen, Michael: arraignment of, 88; arrest of, 15, 74n1, 81n2; cell change for, 126; clothing for, 107; death of, following p. 59; defense attorney for, 30, 95; imprisonment of, at Fort Jefferson, following p. 59; and kidnap plot against Lincoln, 36; life sentence for, 49, 159n1; newspapers on, 30; photograph of, following p. 59; physical

index appearance of, 30; transfer of, from Washington Arsenal prison, 159, 159n1; visitors for, 80, 84, 146 Old Capitol Prison, 13n1, 15, 20, 22, 79, 79nn1– 3, 89, 93, 95 Olds, Rev. Mr., 52, 53, 143, 144n3 O’Sullivan, Timothy, 50–51 Ownsbey, Betty, xii, 30–31 Paine, Lewis. See Powell, Lewis Thornton (alias Paine or Payne) Parke, John Grubb, 130–36, 130n1 Payne, Lewis. See Powell, Lewis Thornton (alias Paine or Payne) Pennsylvania State Archives, xi, 12 Petersburg campaign, 10, 130n1 Poe, Orlando, 8 Poison gas, 148n1 Porter, George Loring: and exercise for prisoners, 126, 127n1; and insanity defense of Powell, 45, 123, 124n1; photograph of, following p. 59; as physician to prisoners generally, 23, 72, 73n1, 77, 78, 80–84, 90–92, 95–98, 105; promotion for, 148; and Spangler’s mental suffering and need for exercise, 45–46, 125, 126, 126n2, 127n1 Porter, Horace, 35 Porter, Mrs., 151 Powell, Gus, 27 Powell, Lewis Thornton (alias Paine or Payne): arraignment of, 88; arrest of, 16–17; assassination attempt on Seward by, 16–17, 43, 123n2; and assassination plot against Lincoln, 35; Atzerodt’s confession involving, 27; biographer of, xii; communication between Hartranft and, 80; defense attorney for, 30, 43–45, 52, 102, 143; execution of, 53, following p. 59, 143–44, 168–70; execution order for, 48–49, 51, 142, 167; final hours of, 51–52, 142–43; hood for, in prison, 23–24, 43, following p. 59, 115, 115n2, 121; insanity defense for, 31, 43–45, 122, 123, 123n2, 124n1, 125, 125n1; minister for, 51–52, 142, 144n1; in Mosby’s Rangers, 102n2; newspapers on, 30–31; photograph of, following p. 59;

index physical appearance of, 30–31; possessions of, 158; self-injury attempted by, 43–44, 112, 112n1, 115n2; shackles and leg chain with iron ball for, 24, 28, 43–44, 85, 111n1, 112; slippers for, 78; Surratt’s denial of acquaintance with, 17; on Surratt’s innocence, 53–54, 152–53, 153n1; visitors for, in prison, 47, 51–52, 112, 114 Prisons. See Old Capitol Prison; Washington Arsenal prison Purdom, James W., 18 Rath, Christian: as hangman, 43, 49–50, 52, following p. 59, 143; photographs of, following p. 59; promotion for, 147; as staff member at Washington Arsenal prison, 49–50, 86, 104; and transportation of prisoners, 154, 155, 157, 159 Republican Party, 4, 56 Richter, Hartman, 18, 18n8, 95, 95n2 Richter, Johann, 18n8 Ritterspaugh, Jacob, 15 Roanoke Island, battle of, 7 Rockwell, Margaret Cecilia, 132n1 Rucker, Daniel H., 86, 86n1, 93, 154–56 Ruckstull, Frederick Wellington, 58–59 Russell, William Howard, 7 Rutan, J. H., 130 Sanders, George N., 29 Sartain, Samuel, 4, 4n3 Saugus, USS, 18, 22, 112n1 Schoeff, Brig. Gen., 157 Scott, Nancy, xii Seward, Frederick, 16 Seward, William H.: assassination attempt against, 16–17, 43, 123n2; and Jefferson Davis, 109–10 Shireman, Helen and Ronald, xi Smith, H. W., 16 Smith, John L., 25, 52, 73–74, 74nn1–2, 143 Spangler, Edman: arraignment of, 88; arrest of, 14–15; as carpenter at Ford’s Theatre, 14–15; connection between Booth and, 14–15; defense attorney for, 30, 39, 97, 97n1;

177 exercise for, 125, 126, 126n2, 127n1, 133; imprisonment of, at Fort Jefferson, following p. 59; and kidnap plot against Lincoln, 36; mental suffering of, during trial, 45–46, 125, 126, 126n2, 127n1; in Old Capitol Prison, 15; pardon of, following p. 59; photograph of, following p. 59; physical appearance of, 14; prison sentence for, 49, 159n1; transfer of, from Washington Arsenal prison, 159, 159n1; during trial, 45–46; visitors for, in prison, 146 Speed, James, 34–35, 38, following p. 59 Spotsylvania, Battle of, 9–10 Stanton, Edwin M.: and appointment of Hartranft as commander of Washington Arsenal prison, 21–22; on First Battle of Bull Run, 7; on military tribunal to prosecute conspirators, 48n; photograph of, following p. 59; and prison conditions for conspirators, 21; and search for Booth, 19; and trial of conspirators, 35, 39, 55; and witnesses to execution, 50 Stanver, John M., 75, 108 Steinacker, Henry Von, 39, 40 Steinberg, E., 72 Stockham, Hartranft, xi Stone, Frederick, 29–30, 41–42, 91, 91n1, 99–101, 101n1 Stonewall Brigade, 39 Striker, Rev. Augustus, 51, 52, 142, 143, 144n1 Struthers, Thomas E., 93 Stryker, Rev. Augustus. See Striker, Rev. Augustus Surratt, Anna: and Brophy family, 53; as female attendant for mother in prison, 46, 52, 127–28, 127n1, 143; and final hours of mother, 143, 144n4; and Hartranft, 54–55; marriage of, 53; and mother’s possessions, 55; as prison visitor, 114, 118, 126 Surratt, John, 15–16, 17, 27, 29, 36, 40 Surratt, Mary Elizabeth: arraignment of, 88; arrest of, 16; Atzerodt’s confession involving, 26, 27–28, 74n2; boardinghouse of, 15–17, 40; and Booth, 40; church attendance by, 81n4; clemency recommendation for,

178 Surratt, Mary Elizabeth (continued): following p. 59; clothing of, 92; defense attorneys for, 29, 30, 36–37, 51, 52, 94; denial of acquaintance with Powell and Herold by, 17; execution of, 52–53, 56, following p. 59, 143–44, 168–70; execution order for, 48–49, 51, 142, 167; female attendant for, during imprisonment, 46, 52, 127–28, 127n1, 143; final hours of, 52, 143; food for, and her refusal to eat, 24, 77–79, 81–85, 88, 92; and hood, 43, 90, 90n1; illness of, during trial, 46, 127; innocence of, 53–55, 152–53, 153n1; and kidnap plot against Lincoln, 35–36, 55; letter for, 112, 113; newspapers on, 31; in Old Capitol Prison, 22; photograph of, following p. 59; physical appearance of, 31; possessions of, 55, 145, 158; Powell’s attempt to save life of, 53–54; priests for, 28, 52, 53–54, 78, 80, 143, 144n4; public opinion on, 32; transfer of, to Washington Arsenal prison, 22, 72; and trial seating, 89; trial testimony against, 40; visitors for, in prison, 28, 47, 52, 53–54, 114, 118, 126, 143, 144n4; at Washington Arsenal prison, 24; writ of habeas corpus and presidential reprieve denied to, 51, 54, 140n1 Taylor, Colonel, 91, 140 Terry, Alfred Howe, 156, 156n1 Thompson, Jacob, 29, 40 Tomkins, Charles H., 35, following p. 59, 86n1 Townsend, Edward D., 85, 86n2 Townsend, Solomon, 18 Travers, George W., 119 Trial of Lincoln assassination conspirators: ambulances for transportation during, 86, 89, 93, 139; arraignment of defendants in, 88, 88n1; and conspiracy charges, 36, 55; and construction work in prison, 24, 76; defense attorneys at, 26, 29–31, 36–39, 43–45, 91, 94–96, 99–102; defense witnesses at, 39, 44–45, 123n2, 124n1; duration of, 35, 88n1, 133n1; first day of, 88, 88n1; humane treatment of prisoners during, 43, 46, 47, 126; illness of Surratt during, 46, 127; insan-

index ity defense for Powell during, 31, 43–45, 122, 123, 123n2, 124n1, 125, 125n1; judges for, 35; and lawyer-client meetings, 38–39, 94, 97, 99–102; McPhail’s testimony at, 26–28; meals for courtroom personnel during, 87; mental suffering of Spanger during, 45–46; military commissioners at, 35, 85, 85–86n1, 86; military security for, 87, 90, 91, 104, 116–17, 119, 128, 130; military tribunal for, 21, 33–35, 37–38, following p. 59; Mudd’s preferential treatment during, 41, 89–90; newspapers on defendants and, 30–32, 38; “not guilty” pleas of prisoners before, 29, 37; prisoners’ transfer to courtroom during, as reported by Hartranft, 88–89, 92, 94–103, 105–7, 109–11, 113, 115–16, 118–24, 127–30, 132–33; prosecution witnesses at, 39–40, 99, 99n1; seating of defendants during, 41, following p. 59, 89–90, 92; sentences for defendants, 48–49; testimony at, 26–28, 35, 39–40, 99, 99n1, 123n2, 124n1. See also Courtroom Tucker, Beverly, 29 Union Army: capture of Booth and Herold by, 13; 51st Pennsylvania Volunteers, 7–8; First Brigade of the Third Division, 6, 9–10; Fourth Pennsylvania in, 5–7; Third Division of the Ninth Corps, 10–11. See also Civil War U.S. Supreme Court, 33–34 Vallandigham, Clement L., 33–34 Vaux, Rev. Mr., 52 Vicksburg, Battle of, 8 Volck, Adalbert Johann, 6 Wallace, Lew, 35, following p. 59, 85n1 Walter, Father Jacob, 52, 53–54, 143, 144n4, 153n1 Washington Arsenal, 24–25 Washington Arsenal prison: ammunition for, 42, 116–18; bathing, barber services, and clothing for prisoners at, 28, 43, 46, 79, 80, 95, 100, 107, 111, 111n1, 134, 138; cells for prisoners at, 23, 24, 25, 77, 80; charges

index against prisoners in, 28–29, 85; civilians arrested by arsenal guards at, 42, 93; communication with prisoners prohibited, 28, 67; construction work in and modifications of facilities, 24, 76, 79, 81; daily routine of prisoners at, 23, 72, 80–82, 90–91, 92, 97, 99, 100; dimensions of, 25; drawing of, following p. 59; end of Hartranft’s command at, 152, 159–60; entrance to, 67; exercise for prisoners at, 107, 120, 125, 126, 126n2, 127n1, 132–34, 136–39, 144, 146, 149–51, 158, 159; female prisoners at, 24, 25; Hartranft’s appointment as commander of, 12, 21, 66; Hartranft’s responsibilities at generally, 21, 42; hoods worn by prisoners in, 23–24, 28, 41, 43, following p. 59, 73, 74, 74n3, 79, 84, 115, 121; humane treatment for prisoners at, 43–44, 46, 47, 51–52, 54–55, 126, 142–43; isolation of prisoners in, 28; keys of, 66; location of, 15, 24–25; meals for prisoners at, 23, 24, 46–47, 67–68, 72–74, 77–84, 135; medical examinations of prisoners in, 23, 67, 72, 74, 80–82; military security at, 42, 66–69, 72, 76, 83, 87, 90, 91, 93, 104, 116–17, 119, 128, 130, 140n1, 141–42, 153, 159; personal inspections of prisoners in, 23, 66, 72, 77; promotions for officers at, 147–48, 147n1;

179 rules of, 65–69, 162–63; safety precautions by, 22–23; shackles and leg chain with iron ball for prisoners in, 24, 28, 43–44, 79, 82, 85, 111n1; staff at, 21, 49, 51, following p. 59, 71, 79, 86, 104, 108; transfer of conspirators to, 20, 22, 24, 72, 78; transportation of prisoners from, 153–56, 159; witnesses held in, 79, 79n2. See also Lincoln assassination conspirators; Trial of Lincoln assassination conspirators Watts, Richard A.: as aide-de-camp for Hartranft, 21, 71, 104, 128–29; photograph of, following p. 59; promotion for, 147; and transportation of prisoners, 154, 156, 157, 159 Weinstein, Allen, ix Wells, Henry H., 16, 19, 20 Wharton, John W., 15 Wheeler, Rose, 52, 143, 144n2 Wiechmann, Louis J., 40 Wiget, Father Bernadine, 52, 54, 143, 144n4 Wilcox, Maj. Gen., 119 Wilderness, Battle of, 9–10 Williams, Mr., 114 Winchester, Rev. Mr., 52, 143 Wood, William P., 79n3 Young, George, 29