574 



MILITARY COMMISSIONS. 



T. Howe, Brig.-Gen. Robert S. Foster, Brig.-Gen. 

 James A. Ekin, Brig.-Gen. Thos. M. Harris, Col. 

 Chas. II. Tompkins, Brevet Col. D. R. Clendenin. 



The prosecution was conducted by Brig.- 

 Gen. Joseph Holt, Judge Advocate General ; 

 assisted by Brevet Colonel H. L. Burnett, of 

 Indiana, and Hon. John A. Bingham, of Ohio, 

 Assistant Judge Advocates. 



The prisoners selected for their counsel, Rev- 

 erdy Johnson, of Maryland ; Thomas Ewing, of 

 Kansas; W. E. Doster, of Penn ; Fred. A. Aikin, 

 District of Columbia ; "Walter S. Cox, John "W. 

 Clatnpit, and F. Stone, of Maryland. 



The Commission having organized, the follow- 

 ing charges and specifications were presented : 



Charge 1. For maliciously, unlawfully, and trai- 

 torously, and in aid of the existing armed rebellion 

 against the United States of America, on or before 

 the 6th of March, A. D. 1865, and on divers other days 

 between that day and the 15th day of April, A. D. 

 1865, combining, confederating, and conspiring to- 

 gether 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 un- 

 known, within the military department of Washing- 

 ton, and within the fortified and intrenched lines 

 thereof, to kill and murder Abraham Lincoln, late, 

 and at the time of the combining, confederating, and 

 conspiring, President of the United States of Amer- 

 ica, and Commander-in-chief of the army and navy 

 thereof; Andrew Johnson, now President of the 

 United States aforesaid ; Wm. H. Seward, Secretary 

 of State of the United States aforesaid; and Ulysses 

 R. Grant, Lieutenant-General of the army of the 

 United States aforesaid, then in command of the 

 armies of the United States, under the direction of the 

 said Abraham Lincoln, and in pursuance of and in 

 prosecuting said malicious, unlawful, and traitorous 

 conspiracy, aforesaid, and in aid of said rebellion, 

 afterwards to wit : on the 14th day of April, A. D. 

 1865 within the military department of Washington 

 aforesaid, and within the fortified and intrenched 

 lines of said military department, together with the 

 said John Wilkes Booth and John H. Surratt, ma- 

 liciously, unlawfully, and traitorously murdering the 

 said Abraham Lincoln, then President of the United 

 States and Commander-in-chief of the army and 

 navy of the United States, as_ aforesaid, and ma- 

 liciously, unlawfully, and traitorously assaulting, 

 with intent to kill and murder, the said Wm. H. Sew- 

 ard, then Secretary of State of the United States, as 

 aforesaid; tnd lying in wait, with intent maliciously, 

 unlawfully, and "traitorously to kill and murder the 

 said Andrew Johnson, then being Vice-President of 

 the United States; and the said Ulysses S. Grant, 

 then being Lieutenant-General, and in command of 

 the armies of the United_ States, as aforesaid. 



Specification 1. In this that they, the said David 

 E. Harold, Edward Spangler, Lewis Payne, John H. 

 Surratt, Michael O'Laughlin, Samuel Arnold, Marv 

 E. Surratt, George A. Atzerott, and Samuel A. Mudd*, 

 incited and encouraged thereunto by Jefferson Davis, 

 George N. Sanders, Beverly Tucker, Jacob Thomp- 

 son, William C. Cleary, Clement C. Clay, George 

 Young, and others, unknown citizens of the United 

 States aforesaid, and who were engaged in armed 

 rebellion against the United States of America with- 

 in the limit:* thereof, did, in aid of said armed rebel- 

 lion, on or before the 6th day of March, A. D. 1865, 

 and on divers other days or times between that day 

 and the 15th day of April, A. D. 1805, combine, con- 

 federate, and conspire together, at Washington City, 

 within the military department, and within the in- 

 trenched fortifications and military lines of the said 

 United States, there combine unlawfully, 'malicious- 



ly, and traitorously, to kill and murder Abraham 

 Lincoln, then President of the United States afore- 

 said, and Commander-in-chief of the army and navy 

 thereof, and unlawfully, maliciously, and traitor- 

 ously to kill and murder Andrew Johnson, then 

 Vice-President of the United States, upon whom, on 

 the death of the said Abraham Lincoln, after the 4th 

 day of March, A. D. 1865, the office of President of 

 the said United States, and Commander-in-chief of 

 the army and navy thereof, would devolve ; and to 

 unlawfully, maliciously, and traitorously kill and 

 murder U. S. Grant, then Lieutenant-General, under 

 the direction of said Abraham Lincoln, in command 

 of the armies of the United States aforesaid ; and un- 

 lawfully, maliciously, and traitorously to kill and 

 murder William H. Seward, then Secretary of State 

 of the United States aforesaid, whose duty it was by 

 law, upon the death of said President and Vice-Pres- 

 ident of the United States aforesaid, to cause an 

 election for electors of President of the United States. 

 The conspirators aforesaid designing or intending by 

 the killing and murder of the said Abraham Lincoln 

 and Andrew Johnson, Ulysses S. Grant and William 

 H. Seward as aforesaid, to deprive the army and 

 navy of the United States of a constitutional com- 

 mander-in-chief, and to deprive the armies of the 

 United States of their lawful commander, and to pre- 

 vent a lawful election of President and Vice-Presi- 

 dent of the United States aforesaid ; and by the 

 means aforesaid to aid and comfort the insurgents 

 engaged in armed rebellion against the said United 

 States aforesaid, and therebv to aid in the subversion 

 and overthrow of the said United States; and being 

 so combined, confederated, and conspiring together 

 in the prosecution of said unlawful and traitorous 

 conspiracy on the night of the 14th day of April, A. D. 

 1865, at the hour of about ten o'clock and fifteen 

 minutes p. M., at Ford's Theatre, on Tenth Street, in 

 the city of Washington, and within the military de- 

 partment and military lines aforesaid, John Wilkes 

 Booth, one of the conspirators aforesaid, in pursu- 

 ance of said unlawful and traitorous conspiracy, did 

 then and there, unlawfully, maliciously, aud traitor- 

 ously, and with intent to kill and murder the said 

 Abraham Lincoln, discharge a pistol then held in the 

 hands of him, the said Booth, the same being then 

 loaded with powder and a leaden ball, against and 

 up_on the left and posterior side of the head of the 

 said Abraham Lincoln, and did thereby there and 

 then inflict upon him, the said Abraham Lincoln, 

 then President of the said United States, and Com- 

 mander-in-chief of the army and navy thereof, a 

 mortal wound, whereof afterwards, to wit, on the 

 15th day of April, A. D. 18G5, at Washington City 

 aforesaid, the said Abraham Lincoln died ; and there- 

 by, then and there, in pursuance of said conspiracy, 

 the said defendant, and the said John Wilkes Booth, 

 did, unlawfully, traitorously, and maliciously, and 

 with the intent to aid the rebellion as aforesaid, kill 

 the President of the United States as aforesaid ; and 

 further, in prosecution -of the unlawful traitorous 

 conspiracy aforesaid, and of the murderous and 

 traitorous intent of the said conspiracy, the said Ed- 

 ward Spaugler, on the said 14th day of April, A. D. 

 1865, at about the same hour of the day aforesaid, 

 within the military department and the military liuea 

 aforesaid, did ajd and assist the said John Wilkes 

 Booth to obtain entrance to the box in the theatre in 

 which the said Abraham Lincoln was sitting at the 

 time he was assaulted and shot as aforesaid by John 

 Wilkes Booth, aud also did then and there aid said 

 Booth in barring and obstructing the door of the box 

 of said theatre so as to hinder and prevent any ;i-- 

 sistance to a rescue of the said Abraham Lincoln 

 against the murderous assault of the said John 

 Wilkes Booth, and did aid and abet him in making 

 his escape after the said Abraham Lincoln had becu 

 murdered in manner aforesaid. 



And in further prosecution of said unlawful, mur- 

 derous, and traitorous conspiracy, and in pursuance 



