Stung by the necessity of making some answer to this defiant challenge,
Mr. Pierrepont on the moment sent for the record. And in response to the
summons, Judge-Advocate Holt, who naturally must have followed the
prosecution and trial with the most absorbing anxiety, on that very
afternoon brought the record "with his own hand," "with his own voice"
told its history, in the presence of "three gentlemen," to Mr. Pierrepont,
and then left the papers with him.
On the succeeding day, August 2nd, Mr. Bradley, the senior counsel of the
prisoner, renewed the attack:
"It was boastfully said in the opening of this case that they would
vindicate the conduct of the law officers of the Government engaged in
the conspiracy trials. They would produce Booth's diary; they would
show that the judgment of the court was submitted to the Cabinet and
fully approved; that no recommendation for mercy for Mrs.
Surratt--that no petition for pardon to the Government--had been
withheld from the President. Is it so?"
The next morning, Saturday, August 3d, Mr. Pierrepont began his address to
the jury. Having kept possession of the record since Thursday afternoon,
and having been made acquainted with its history by Judge-Advocate Holt in
such an impressive manner, he, thus, in his exordium, at last, redeemed
the promise of the prosecution:
"The counsel certainly knew when they were talking about that
tribunal" (_i. e._ the Military Commission), "and when they were thus
denouncing it, that President Johnson * * * ordered it with his own
hand, that President Johnson * * * signed the warrant that directed
the execution, that President Johnson * * * when that record was
presented to him, laid it before his Cabinet, and that every single
member voted to confirm the sentence, and that the President with his
own hand wrote his confirmation of it, and with his own hand signed
the warrant. I hold in my hand the original record, and no other man
as it appears from that paper ordered it. No other one touched this
paper, and when it was suggested by some of the members of the
Commission that in consequence of the age and the sex of Mrs. Surratt,
it might possibly be well to change her sentence to imprisonment for
life, he signed the warrant for her death with the paper right before
his eyes--and there it is (handing the paper to Mr. Merrick). My
friend can read it for himself."
This is the first appearance in public of the precious record. On
Wednesday, July 5th, 1865, Andrew Johnson put his name to the
death-warrant written on its back by Judge Holt. And, now, two years
after, emerging from its hiding-place, it is flung upon a table in a
court-room by the counsel for the United States.