The Conspiracy Trial
The public was clamoring for the Government to act, and it did - with breath-taking speed. President Lincoln was shot on April 14, 1865. Two weeks later, on May 1st, President Johnson ordered creation of a Military Commission. The members of the Commission were:
Major-General David Hunter
Major-General Lewis Wallace
Brevet Major-General August V. Kautz
Brigadier-General Albion P. Howe
Brigadier-General Robert S. Foster
Brigadier-General T.M. Harris
Lieutenant-Colonel David R. Clendenin
Brevet Brigadier-General James Ekin
Brevet Colonel C.H. Tompkins.
Brigadier-General Joseph Holt, Judge Advocate General, was appointed the Judge Advocate and Recorder of the Commission. Congressman John A. Bingham of Ohio and Brevet Colonel Henry L. Burnett were designated as Assistant Judge Advocates.
The Military Commission
Standing left to right: Brig. Gen. Thomas M. Harris, Maj. Gen. Lew Wallace, Maj. Gen. August V. Kautz, and Henry L. Burnett. Seated left to right: Lt. Col. David R. Clendenin, Col. C.H. Tompkins, Brig. Gen. Albion P. Howe, Brig. Gen. James Ekin, Maj. Gen. David Hunter, Brig. Gen. Robert S. Foster, John A. Binham, and Brig. Gen. Joseph Holt. Photo by Alexander Gardner. Courtesy Library of Congress.
When the Commission opened the trial on May 9th, the prisoners were still frantically trying to secure defense attorneys. Dr. Mudd tried to secure the services of attorney Robert James Brent, a former Maryland Attorney General, but this was unsuccessful. At his wits end, he asked several non-lawyers to represent him. These included his cousin Henry Alex Clarke who owned a Washington coal company, his cousin Dr. George Mudd, and another physician, Dr. James Morgan. All of these non-attorneys wisely declined to act as Dr. Mudd’s legal counsel. Finally, Dr. Mudd’s wife was able to find legal counsel, and it was very, very good legal counsel. On May 11th, two powerhouse attorneys, Thomas Ewing, Jr. and Frederick Stone appeared as defense counsels for Dr. Mudd and were accepted by the court.
Thomas Ewing, now a civilian attorney, had served with great distinction as a Union Major-General during the Civil War. He was born to a prominent Ohio family in 1829. His father was a U.S. Senator, and his brothers Hugh and Charles were also Union generals. His brother-in-law was Union General William Tecumseh Sherman. At the age of 19, young Thomas Ewing Jr. worked as private secretary to President Zachary Taylor. He studied law at Cincinnati Law School and was admitted to the bar in 1855. He subsequently married and practiced law in Leavenworth, Kansas. In 1861 he was elected the first Chief Justice of the Supreme Court in the new state of Kansas. When the Civil War broke out, he resigned as Chief Justice to serve as a Colonel in the Eleventh Kansas Volunteers. He was soon promoted to Brigadier-General, and then to Major-General. He would take the lead role in Dr. Mudd’s defense.
Frederick Stone was a highly respected lawyer from Port Tobacco, Maryland. Born in 1820, he grew up in Charles County, Maryland and graduated from St. John’s College in Annapolis. He was admitted to the bar in 1841. He was the grandson of Michael J. Stone, the younger brother of Thomas Stone, a signer of the Declaration of Independence. He was a member of the Maryland House of Delegates in 1864 and 1865, and a Member of Congress from 1867 to 1871, representing Maryland’s 5th Congressional District where Dr. Mudd lived. From 1881 to 1890 he was an Associate Judge of the Maryland Court of Appeals.
Counsels for Mary Surratt also appeared and were accepted by the court on May 11th. Defense counsels for the other defendants were arranged shortly thereafter.
When the Commission opened the trial on May 9th, the prisoners were still frantically trying to secure defense attorneys. Dr. Mudd tried to secure the services of attorney Robert James Brent, a former Maryland Attorney General, but this was unsuccessful. At his wits end, he asked several non-lawyers to represent him. These included his cousin Henry Alex Clarke who owned a Washington coal company, his cousin Dr. George Mudd, and another physician, Dr. James Morgan. All of these non-attorneys wisely declined to act as Dr. Mudd’s legal counsel. Finally, Dr. Mudd’s wife was able to find legal counsel, and it was very, very good legal counsel. On May 11th, two powerhouse attorneys, Thomas Ewing, Jr. and Frederick Stone appeared as defense counsels for Dr. Mudd and were accepted by the court.
Thomas Ewing, now a civilian attorney, had served with great distinction as a Union Major-General during the Civil War. He was born to a prominent Ohio family in 1829. His father was a U.S. Senator, and his brothers Hugh and Charles were also Union generals. His brother-in-law was Union General William Tecumseh Sherman. At the age of 19, young Thomas Ewing Jr. worked as private secretary to President Zachary Taylor. He studied law at Cincinnati Law School and was admitted to the bar in 1855. He subsequently married and practiced law in Leavenworth, Kansas. In 1861 he was elected the first Chief Justice of the Supreme Court in the new state of Kansas. When the Civil War broke out, he resigned as Chief Justice to serve as a Colonel in the Eleventh Kansas Volunteers. He was soon promoted to Brigadier-General, and then to Major-General. He would take the lead role in Dr. Mudd’s defense.
Frederick Stone was a highly respected lawyer from Port Tobacco, Maryland. Born in 1820, he grew up in Charles County, Maryland and graduated from St. John’s College in Annapolis. He was admitted to the bar in 1841. He was the grandson of Michael J. Stone, the younger brother of Thomas Stone, a signer of the Declaration of Independence. He was a member of the Maryland House of Delegates in 1864 and 1865, and a Member of Congress from 1867 to 1871, representing Maryland’s 5th Congressional District where Dr. Mudd lived. From 1881 to 1890 he was an Associate Judge of the Maryland Court of Appeals.
Counsels for Mary Surratt also appeared and were accepted by the court on May 11th. Defense counsels for the other defendants were arranged shortly thereafter.
Artist's sketch in T.B. Peterson's book: The Trial of the Assassins and Conspirators.
The trial would take a month and a half. Testimony concerning Dr. Mudd was presented intermittently during the course of the trial. The prosecution called sixteen witnesses to testify against Dr. Mudd. The defense, led by General Ewing, called more than sixty witnesses to testify in his defense.
One line of attack against Dr. Mudd was an attempt to show that he was disloyal and sympathetic to the Confederate cause. However, General Ewing was effective in blunting this by calling many character witnesses who testified to his good character and loyalty. As a slave owner, Dr. Mudd had objected to the Union Government’s abolition of slavery, but he had never expressed a desire to see the country split in two.
The prosecution argued that Dr. Mudd found out about the assassination while Booth was still in his house, that he recognized Booth despite any disguise he may have had, and that he failed to notify the military authorities of the assassin’s presence.
One line of attack against Dr. Mudd was an attempt to show that he was disloyal and sympathetic to the Confederate cause. However, General Ewing was effective in blunting this by calling many character witnesses who testified to his good character and loyalty. As a slave owner, Dr. Mudd had objected to the Union Government’s abolition of slavery, but he had never expressed a desire to see the country split in two.
The prosecution argued that Dr. Mudd found out about the assassination while Booth was still in his house, that he recognized Booth despite any disguise he may have had, and that he failed to notify the military authorities of the assassin’s presence.
Louis J. Weichmann
Louis J. Weichmann
The testimony which probably tipped the Military Commission against Dr. Mudd was, ironically, testimony which was favorable to him. This was the testimony of Louis J. Weichmann, who testified about a meeting that he, John Surratt, John Wilkes Booth, and Dr. Mudd had in Washington on December 23, 1864, between the time Booth first met Dr. Mudd in Bryantown, and when Booth showed up at Dr. Mudd’s house after the assassination. The problem for Dr. Mudd was that he had told investigators that he did not see Booth between those two events. By trying to hide this meeting from investigators, Dr. Mudd appeared to have something serious to hide.
Louis Weichmann was a long-time friend of John Surratt, who remained in hiding in Canada during the conspiracy trial. He had gone to school with Surratt, lived at the Surratt boarding house where Booth and his fellow conspirators often met, and was considered by his fellow workers at the War Department to be a Southern sympathizer. John Surratt later said the only reason Weichmann never became an active member of Booth’s gang was because Weichmann couldn’t ride and shoot. Nevertheless, Weichmann came across as a believable witness at the trial.
Louis Weichmann was a long-time friend of John Surratt, who remained in hiding in Canada during the conspiracy trial. He had gone to school with Surratt, lived at the Surratt boarding house where Booth and his fellow conspirators often met, and was considered by his fellow workers at the War Department to be a Southern sympathizer. John Surratt later said the only reason Weichmann never became an active member of Booth’s gang was because Weichmann couldn’t ride and shoot. Nevertheless, Weichmann came across as a believable witness at the trial.
Dr. Mudd had gone to Washington on December 23, 1864 to do some last minute Christmas shopping with his cousin Jeremiah Mudd. After checking in at the Pennsylvania House hotel, they had something to eat and then wandered over to the National Hotel, where the two men became separated in the crowd.
Dr. Mudd stepped outside to Pennsylvania Avenue, and was spotted by Booth, who was staying at the National. Booth said he was just on his way to meet a man named John Surratt to inquire about Southern Maryland real estate. Dr. Mudd was acquainted with the Surratt family since they had run the Surrattsville post office and tavern not far from Mudd’s farm. Booth told Dr. Mudd that the Surratts now lived in a boarding house about five blocks away. He asked Dr. Mudd to accompany him and introduce him to Surratt. Dr. Mudd agreed.
Weichmann’s testimony described what happened next:
About the 15th of January [note: actually December 23, 1864] last I was passing down Seventh Street, in company with John H. Surratt, and when opposite Odd Fellows’ Hall, some one called “Surratt, Surratt;” and turning round, he recognized an old acquaintance of his, Dr. Samuel A. Mudd of Charles County, Md.; the gentleman there [pointing to the accused, Samuel A. Mudd] He and John Wilkes Booth were walking together. Surratt introduced Dr. Mudd to me, and Dr. Mudd introduced Booth to both of us. They were coming down Seventh Street, and we were going up. Booth invited us to his room at the National Hotel. When we arrived there, he told us to be seated, and ordered cigars and wines for four. Dr. Mudd then went out into a passage and called Booth out, and had a private conversation with him. When they returned, Booth called Surratt, and all three went out together and had a private conversation, leaving me alone. I did not hear the conversation; I was seated on a lounge near the window. On returning to the room the last time, Dr. Mudd apologized to me for his private conversation, and stated that Booth and he had some private business; that Booth wished to purchase his farm, but that he did not care about selling it, as Booth was not willing to give him enough. Booth also apologized and stated to me that he wished to purchase Dr. Mudd’s farm. Afterward they were seated round the center-table, when Booth took out an envelope, and on the back of it made marks with a pencil. I should not consider it writing, but from the motion of the pencil it was more like roads or lines.
... After their return to the room, we remained probably twenty minutes; then left the National Hotel and went to the Pennsylvania House, where Dr. Mudd had rooms. We all went into the sitting-room, and Dr. Mudd came and sat down by me; and we talked about the war. He expressed the opinion that the war would soon come to an end, and spoke like a Union man. Booth was speaking to Surratt. At about half-past 10, Booth bade us good night, and went out. Surratt and I then bade Dr. Mudd good night. He said he was going to leave next morning.
... There was nothing in the conversation between Dr. Mudd, Booth, and Surratt, at the National Hotel, that led me to believe there was anything like a conspiracy going on between them.
As can be seen, Weichmann’s testimony about Dr. Mudd’s meeting with Booth was actually quite favorable. Weichmann said that Dr. Mudd “spoke like a Union man” and “there was nothing in the conversation between Dr. Mudd, Booth, and Surratt, at the National Hotel, that led me to think there was anything like a conspiracy going on between them.”
Booth was a famous actor, and a public figure. Normally, Dr. Mudd would have enjoyed talking about his relationship with Booth, but after the assassination, any relationship with Booth was toxic. He tried to hide his meeting with Booth from investigators, with disasterous results.
Although Weichmann’s testimony about Dr. Mudd’s meeting with Booth did not implicate Dr. Mudd in any way with Booth’s plot against Lincoln, Dr. Mudd was unfortunately stuck with his story that the meeting never took place. After hearing Weichmann’s testimony, the Military Commission understandably concluded that Dr. Mudd was trying to hide his meeting with Booth for some incriminating reason. This, together with their belief that Dr. Mudd had helped Booth escape by not reporting him to the military authorities, probably sealed Dr. Mudd’s fate.
Dr. Mudd stepped outside to Pennsylvania Avenue, and was spotted by Booth, who was staying at the National. Booth said he was just on his way to meet a man named John Surratt to inquire about Southern Maryland real estate. Dr. Mudd was acquainted with the Surratt family since they had run the Surrattsville post office and tavern not far from Mudd’s farm. Booth told Dr. Mudd that the Surratts now lived in a boarding house about five blocks away. He asked Dr. Mudd to accompany him and introduce him to Surratt. Dr. Mudd agreed.
Weichmann’s testimony described what happened next:
About the 15th of January [note: actually December 23, 1864] last I was passing down Seventh Street, in company with John H. Surratt, and when opposite Odd Fellows’ Hall, some one called “Surratt, Surratt;” and turning round, he recognized an old acquaintance of his, Dr. Samuel A. Mudd of Charles County, Md.; the gentleman there [pointing to the accused, Samuel A. Mudd] He and John Wilkes Booth were walking together. Surratt introduced Dr. Mudd to me, and Dr. Mudd introduced Booth to both of us. They were coming down Seventh Street, and we were going up. Booth invited us to his room at the National Hotel. When we arrived there, he told us to be seated, and ordered cigars and wines for four. Dr. Mudd then went out into a passage and called Booth out, and had a private conversation with him. When they returned, Booth called Surratt, and all three went out together and had a private conversation, leaving me alone. I did not hear the conversation; I was seated on a lounge near the window. On returning to the room the last time, Dr. Mudd apologized to me for his private conversation, and stated that Booth and he had some private business; that Booth wished to purchase his farm, but that he did not care about selling it, as Booth was not willing to give him enough. Booth also apologized and stated to me that he wished to purchase Dr. Mudd’s farm. Afterward they were seated round the center-table, when Booth took out an envelope, and on the back of it made marks with a pencil. I should not consider it writing, but from the motion of the pencil it was more like roads or lines.
... After their return to the room, we remained probably twenty minutes; then left the National Hotel and went to the Pennsylvania House, where Dr. Mudd had rooms. We all went into the sitting-room, and Dr. Mudd came and sat down by me; and we talked about the war. He expressed the opinion that the war would soon come to an end, and spoke like a Union man. Booth was speaking to Surratt. At about half-past 10, Booth bade us good night, and went out. Surratt and I then bade Dr. Mudd good night. He said he was going to leave next morning.
... There was nothing in the conversation between Dr. Mudd, Booth, and Surratt, at the National Hotel, that led me to believe there was anything like a conspiracy going on between them.
As can be seen, Weichmann’s testimony about Dr. Mudd’s meeting with Booth was actually quite favorable. Weichmann said that Dr. Mudd “spoke like a Union man” and “there was nothing in the conversation between Dr. Mudd, Booth, and Surratt, at the National Hotel, that led me to think there was anything like a conspiracy going on between them.”
Booth was a famous actor, and a public figure. Normally, Dr. Mudd would have enjoyed talking about his relationship with Booth, but after the assassination, any relationship with Booth was toxic. He tried to hide his meeting with Booth from investigators, with disasterous results.
Although Weichmann’s testimony about Dr. Mudd’s meeting with Booth did not implicate Dr. Mudd in any way with Booth’s plot against Lincoln, Dr. Mudd was unfortunately stuck with his story that the meeting never took place. After hearing Weichmann’s testimony, the Military Commission understandably concluded that Dr. Mudd was trying to hide his meeting with Booth for some incriminating reason. This, together with their belief that Dr. Mudd had helped Booth escape by not reporting him to the military authorities, probably sealed Dr. Mudd’s fate.
