MILITARY COMMISSIONS. 



575 



thereof, and with the intent as aforesaid, the said 

 David E. Harold did, on the night of the 14th of 

 April, A. p. 1865, within the military department and 

 military lines aforesaid, aid, abet, and assist the said 

 John Wilkes Booth in the killing and murder of the 

 said Abraham Lincoln, and did then and there aid 

 and abet and assist him, the said John Wilkes Booth, 

 in attempting to escape through the military linea 

 aforesaid, and did accompany and assist the said J. 

 Wilkes Booth in attempting to conceal himself and 

 escape from justice after killing and murdering said 

 Abraham Lincoln, as aforesaid ; and, in further pros- 

 ecution of said unlawful and traitorous conspiracy, 

 and of the intent thereof as aforesaid, the said Lewis 

 Payne did, on the same night of the 14th day of April, 

 A. D. 1865, about the same hour of 10 o'clock and 15 

 minutes p. M., at the city of Washington, and within 

 the military department and military lines aforesaid, 

 unlawfully and maliciously make an assault upon the 

 said William H. Seward, Secretary of State aforesaid, 

 in the dwelling-house and bed-chamber of him, the 

 said William H. Seward; and there, with a large 

 knife held in his hand, unlawfully, traitorouslv, and 

 in pursuance of the said conspiracy, strike, stab, cut, 

 and attempt to kill and murder the said William H. 

 Seward, and did, thereby, then and there, and with 

 the intent aforesaid, with said knife, inflict upon the 

 face and throat of the said William H. Seward divers 

 grievous wounds i and the said Lewis Payne, in 

 further prosecution of the said conspiracy, at the 

 same time and place last aforesaid, did attempt, with 

 the knife aforesaid, and a pistol held in his hand, to 

 kill and murder Frederick W. Seward, Augustus W. 

 Seward, Emerick W. Hansell, and George F. Robin- 

 son, who were then striving to protect and rescue 

 the said William H. Seward from murder by the said 

 Lewis Payne ; and did then and there, with the said 

 knife and pistol held in his hands, inflict wounds 

 upon the_head of the said Frederick W. Seward and 

 upon the persons of the said Augustus W. Seward, 

 Emerick W. Hansell, and George F. Robinson. 



And in the further prosecution of the said conspir- 

 acy, and its traitorous and murderous designs, the 

 said George A. Atzerott did, on the night of the 14th 

 of April, A. D. 1865, and about the same hour of the 

 night aforesaid, within the military department and 

 the military lines aforesaid, lie in wait for Andrew 

 Johnson, then Vice-President of the United States 

 aforesaid, with the intent unlawfully and maliciously 

 to kill and murder him, the said Andrew Johnson. 



And in the further prosecution of the conspiracy 

 aforesaid, and of its murderous and treasonable pur- 

 poses aforesaid, on the night of the 13th and 14th of 

 April, 1865, at Washington City, and within the mil- 

 itary department and military lines aforesaid, the 

 said Michael O'Laughlin did then and there lie in 

 wait for Ulysses S. Grant. 



And in the further prosecution of the said con- 

 spiracy, the said Samuel Arnold did, within the mil- 

 itary department and military lines aforesaid, on or 

 before the 6th day of March, A. D. 1865, and on divers 

 other days and times between that day and the loth 

 of April, A. D. 1865, combine, conspir.e with, and aid, 

 counsel, and abet, comfort, and support the said 

 John Wilkes Booth, Lewis Payne, George A. At- 

 zerott, Michael O'Laughlin, and their confederates in 

 the said unlawful, murderous, and traitorous con- 

 spiracy, and in the execution thereof, as aforesaid ; 

 and, in the further prosecution of the said conspiracy, 

 Mary E. Surratt did, at Washington City, and within 

 the military department and military lines aforesaid, 

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

 divers other days and times between that day and 

 the 20th day of April, A. D. 1865, receive, entertain, 

 harbor, and conceal, aid and assist the said John 

 Wilkes Booth, David E. Harold, Lewis Payne, John 

 H. Surratt, Michael O'Laughliu, George A. Atzerott, 

 Samuel Arnold, and their confederates, with a knowl- 

 edge of the murderous and traitorous conspiracy 

 aforesaid, and with intent to aid, abet, and assist 



them in the execution thereof, and in escaping from 

 justice after the murder of the said Abraham Lincoln, 

 as aforesaid, with intent to aid, abet, and assist them 

 in the execution thereof, and in escaping from justice, 

 after the murder of the said Abraham Lincoln, in pur- 

 suance of the said conspiracy in the manner aforesaid. 

 By order of the President of the United States. 

 J. HOLT, Judge Advocate General. 



The Commission commenced the trial May 

 13th, and were engaged on it until the 29th of 

 June. A great number of witnesses were ex- 

 amined, and the testimony taken is very volu- 

 minous. On the last day named their finding 

 was made, and transmitted to the President for 

 approval. On the 6th of July the following 

 order was issued, approving of the findings and 

 sentences : 



WAB DEPARTMENT, ADJUTANT-GEXEHAL'S OFFICE, ) 

 WASHINGTON, Jnly 5, 1865. J 



To Major-General W. S. Hancock, United States 

 Volunteers, commanding the Middle Military Divis- 

 ion, Washington, D. C. 



Whereas, by the Military Commission appointed in 

 paragraph 4, Special Orders, No. 211, dated War 

 Department, Adjutant-General's Office, Washington, 

 May 6, 1865, and of which Major-General David Hun- 

 ter, United States Volunteers, was president, the 

 following named persons were tried, and, after mature 

 consideration of evidence adduced in their cases, were 

 found and sentenced as hereinafter stated, as follows: 



First. David E. Harold. Finding of the specifica- 

 tion, guilty, except combining, confederating, and 

 conspiring with Edward Spangler, as to which part 

 thereof, not guilty ; of the charge guilty, except the 

 words of the charge, that he combined, confederated, 

 and conspired with Edward Spangler ; as to which 

 part of the charge, not guilty. 



Sentence. And the Commission does, therefore, 

 sentence him, the said David E. Harold, to be hanged 

 by the neck until he be dead, at such time and place 

 as the President of the United States shall direct, 

 two-thirds of the Commission concurring therein. 



Second. George A. Atzerott. Finding of the speci- 

 fication, guilty, except combining, confederating, 

 and conspiring with Edward Spangler; of this, not 

 guilty. Of the charge, guilty, except combining, 

 confederating, and conspiring with Edward Spang- 

 ler ; of this, not guilty. 



Sentence. And the Commission does, therefore, 

 sentence him, the said George A. Atzerott, to be 

 hung by the neck until he be dead, at such time and 

 place as the President of the United States shall direct, 

 two-thirds of the Commission concurring therein. 



Third. Lewis Payne. Finding of the specification, 

 guilty, except combining, confederating, and con- 

 spiring with Edward Spangler; of this, not guilty. 

 Of the charge, guilty, except combining, confederat- 

 ing, and conspiring with Edward Spaugler ; of this, 

 not guilty. 



Sentence. And the Commission does therefore 

 sentence him, the said Lewis Payne, to be hung by 

 the neck until he be dead, at such time and place as 

 the President of the United States shall direct, two- 

 thirds of the Commission concurring therein. 



Fourth. MaryE. Surratt. Finding of the specifica- 

 tion guilty, except as to receiving, sustaining, har- 

 boring, and concealing Samuel Arnold and Michael 

 O'Laughlin, and except as to combining, confederat- 

 ing, and conspiring with Edward .Spangler; of thi#, 

 not guilty. Of the charge guilty, except as to com- 

 bining, confederating, and conspiring with Edward 

 Spangler ; of this, not guilty. 



Sentence. And the Commission does, therefore, 

 sentence her, the said Mary E. Surratt, to be hung 

 by the neck until she be dead, at such time and place 

 as the President of the United States shall direct, 

 two-thirds of the members of the Commission con- 

 curring therein. 



