The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
From his course of proceeding at a later day, it is not probable that he
made any such attempt. At all events, he got no help from Seward, from
McCulloch or from Welles. Nay, he got no help to sustain his history of
the record, even from Stanton. If help came from that quarter at all, it
was to shield him from the awakened wrath of the hood-winked Executive, by
drawing the fire upon the head of his department.
But what the Judge-Advocate-General did do, in view of the crisis, is
sufficiently apparent. He took immediate measures to retract all that
portion of Mr. Pierrepont's declaration of Saturday, which expressed or
implied any knowledge on the part of the Cabinet of the disputed paper.
The counsel for the United States had continued his speech to the jury all
day Monday, apparently unconscious of the tempestuous effect of his
statement of Saturday, and of the predicament in which it had involved his
informant. In the evening, he must have had a "confidential interview"
with Judge Holt. For, on rising to resume his speech on Tuesday morning,
the 6th of August, from no apparent logical cause arising from the course
of his argument, he saw fit to recur to the now absent record, and to
interpolate the following perfectly insulated and seemingly superfluous
piece of information:
"You will recollect, gentlemen, when a call was made several days ago
by Mr. Merrick * * asking that we should produce the record of the
Conspiracy Trial, that I brought the original record here and handed
it to counsel. I then stated that as a part of that record was a
suggestion made by a part of the Court that tried the conspirators,
that, if the President thought it consistent with his public duty,
they would suggest, in consideration of the sex and age of one of
those condemned, that a change might be made in her sentence to
imprisonment for life. I stated that I had been informed that when
that record was before the President, and when he signed the warrant
of execution, that recommendation was then before him. I want no
misunderstanding about that, and I do not intend there shall be any.
That is a part of the original record which I here produced in Court.
It is in the hand-writing of one of the members of that Court, to wit,
General Ekin. The original of that is now in his possession and in the
hand-writing of Hon. John A. Bingham. When the counsel called for that
record, I sent the afternoon of that day to the
Judge-Advocate-General, in whose possession these records are. He
brought it to me with his own hand, and told me with his own voice, in
the presence of three other gentlemen, that that identical paper, then
a part of the record, was before the President when he signed the
warrant of execution, and that he had a conversation with the
President at that time on the subject. That is my authority.
Subsequently to this, having presented it here, the