Trial of the Conspirators

Depiction of courtroom of conspiracy trial at the Washington Arsenal. Frank Leslie’s Illustrated Newspaper, courtesy Lincoln Financial Foundation Collection, Allen County Public Library.

The Conspirators on Trial

Parceling Blame

President Andrew Johnson ordered a military tribunal for the Lincoln assassination conspirators. Follow their trial.

Breadcrumb

After the Lincoln assassination conspirators were arrested, federal authorities jailed them in Washington. For seven weeks in May and June 1865, the nation’s attention was riveted on the third floor of Washington’s Old Arsenal Penitentiary (now Fort McNair), where John Wilkes Booth’s conspirators were on trial for their lives.

President Andrew Johnson and Secretary of War Edwin M. Stanton insisted on trying the conspirators before a nine-member military commission, where a vote of only five of the nine judges—rather than a unanimous vote like in a civilian trial—was required to establish guilt. Six votes could impose the death penalty.

Why a military trial?

The decision was controversial. Federal authorities argued that because Washington, D.C., was a war zone in April 1865—Confederate troops were still in the field—the assassination was an act of war. Opponents argued that a civilian court would allow for a fairer trial.

While the accused were allowed by attorneys to question the 366 witnesses to their various crimes, the accused were not permitted to speak on their own behalf.

What did those witnesses say? What were the verdicts?

Americans still debate when it is appropriate to use military versus civilian courts for major offenses. What do you think?

Conduct Your Own Investigation
As you look at each testimony, consider:

How does this evidence match—or not—with other evidence?
Who gave the testimony? What might the person’s motives be for saying what they did?
When did this person give the testimony? Was it soon after the event? Much later? How might that affect what they said?

Testimony for and against each conspirator

Mary Surratt

Elizabeth Susanna “Anna” Surratt (Defense)

The only daughter of Mary Surratt lived at the H Street boarding house with her mother.

The Reverend N.D. Young (Defense)

Pastor of St. Dominic’s Church in Southwest Washington and an acquaintance of Mary Surratt.

John Zadock Jenkins (Defense)

Brother of Mary Surratt.

Louis J. Weichmann (Prosecution)

Attended seminary with Mary Surratt’s son, John, and was a frequent visitor to her boarding house.

Honora Fitzpatrick (Prosecution)

Lived in Mary Surratt’s boarding house in the winter before the assassination.

Captain William M. Wermerskirch (Prosecution)

Wermerskirch, a U.S. Army captain investigating the Lincoln assassination, was present at Mary Surratt’s boarding house when soldiers searched it on the night of April 17, 1865.

Lewis Powell

Margaret Kaighn (Defense)

A servant at Mrs. Branson’s boarding house, where Lewis Powell frequently stayed.

Margaret Branson (Defense)

A nurse at Gettysburg and acquaintance of Powell’s whose testimony Powell’s attorneys hoped to use to establish an insanity defense.

Dr. James C. Hall (Defense)

Hall examined Powell prior to the trial.

Sergeant George F. Robinson (Prosecution)

Robinson was attending nurse (U.S. Army) to Secretary of State Seward on the night of April 14, 1865.

William H. Bell (Prosecution)

Bell was a butler in Secretary Seward’s household.

Stephen Marsh (Prosecution)

Examined a pair of boots Lewis Powell was wearing when he was captured.

David Herold

Dr. Charles W. Davis (Defense)

Davis lived next door to Herold since boyhood.

Francis S. Walsh (Defense)

Walsh was a druggist who employed David Herold.

Dr. Samuel A. H. Kim (Defense)

Kim was an acquaintance of David Herold.

Sergeant Boston Corbett (Prosecution)

Corbett was Sergeant under Lieutenant Doherty at the Garrett Farm on April 26, 1865.

William Storke “Willie” Jett (Prosecution)

Jett was a former Confederate soldier who encountered Booth during his escape.

John Fletcher (Prosecution)

Fletcher was foreman at J. Naylor’s livery stable in downtown Washington, not far from Ford’s Theatre.

George Atzerodt

Louis B. Harkins (Defense)

Harkins was friendly with Atzerodt for 10 years.

Somerset Leaman (Defense)

Leaman knew Atzerodt his entire life.

Alexander Brawner (Defense)

Brawner lived in Port Tobacco, Maryland, and was an acquaintance of Atzerodt.

John Lee (Prosecution)

The Military Police of Washington ordered a search of Atzerodt’s room at the Kirkwood Hotel. Lee led the search.

Hezekiah Metz (Prosecution)

Metz lived in Montgomery County, Maryland.

Robert R. Jones (Prosecution)

Jones was a clerk at the Kirkwood House on April 14.

Dr. Samuel Mudd

Benjamin W. Gardiner (Defense)

Gardiner went to church with Dr. Samuel Mudd.

Dr. George Dyer Mudd (Defense)

A distant cousin and teacher of Dr. Samuel Mudd.

Joseph Waters (Defense)

Waters was a childhood friend of Dr. Samuel Mudd, from Charles County in southern Maryland.

Louis J. Weichmann (Prosecution)

Weichmann was a seminary classmate of John Surratt and a boarder at Mary Surratt’s boarding house.

Mary Simms (Prosecution)

Simms was a woman formerly enslaved on Dr. Samuel Mudd’s plantation.

Simon Gavacan (Prosecution)

Army Detective Gavacan visited Dr. Samuel Mudd’s home following the assassination.

Other Conspirators

James Lamb (Spangler Defense)

Lamb was an artist and scene painter at Ford’s Theatre at the time of the assassination. He commented on a rope found in Spangler’s room.

Joseph “Peanuts” Burroughs (Spangler Prosecution)

Burroughs attended to horses at the stable behind Ford’s Theatre.

Henry E. Purdy (O’Laughlen Defense)

Purdy was superintendent of Rullman’s Hotel in Washington, D.C., at the time of the assassination.

Samuel Streett (O’Laughlen Prosecution)

Streett was an old acquaintance of Michael O’Laughlen.

John W. Wharton (Arnold Defense)

Wharton was an employer of Samuel Arnold in Fortress Monroe, near Norfolk, Virginia.

Littleton P.D. Newman (Arnold Prosecution)

Newman was an acquaintance of Samuel Arnold.

Verdicts

David Herold

Executed by Hanging, July 7, 1865

Guilty

Charge: Conspiracy and aiding John Wilkes Booth’s Escape | Burial: Congressional Cemetery, Washington, D.C.

Lewis Powell

Executed by Hanging, July 7, 1865

Guilty

Charge: Conspiracy to assassinate Secretary of State William H. Seward | Burial: Head is buried in Geneva Cemetery in Geneva, Florida; whereabouts of body unknown.