On the 4th day of February, 1867, the grand jury for the county of Washington, District of Columbia, found an indictment against John H. Surratt for the murder of Abraham Lincoln. The indictment contained four counts. The first count charged him with the murder of one Abraham Lincoln at the county of Washington, District of Columbia, on the 14th day of April, 1865. The second count charged that John H. Surratt and John Wilkes Booth did, on the 14th day of April, 1865, make an assault upon one Abraham Lincoln in the county and district aforesaid, and that John Wilkes Booth did murder the said Abraham Lincoln. The third count charged that John H. Surratt and John Wilkes Booth, David E. Herold, George A. Atzerodt, Lewis Payne, Mary E. Surratt, and others to the jury unknown, did, on the 14th day of April, 1865, in the county and district aforesaid, make an assault upon one Abraham Lincoln, and that he was murdered by the hand of John Wilkes Booth. The fourth count charged that John Wilkes Booth, John H. Surratt, David E. Herold, George A. Atzerodt, Lewis Payne, Mary E. Surratt, and divers other persons to the jury unknown, on the 14th day of April, 1865, at the county of Washington, District of Columbia, did unlawfully and wickedly combine, confederate, and conspire and agree together feloniously to kill and murder one Abraham Lincoln, and that the said John Wilkes Booth, John H. Surratt, David E. Herold, George A. Atzerodt, Lewis Payne, Mary E. Surratt, and other persons to the jurors unknown, did, on the 14th day of April, 1865, in pursuance of said unlawful conspiracy, make an assault, and that the said John Wilkes Booth, in pursuance of said unlawful and wicked conspiracy, did kill and murder one Abraham Lincoln.