The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
At the foot of the table around which the Court sat--the table standing
parallel with the north side of the room--there was another, around which
were gathered the three prosecuting officers, who, according to military
procedure, were also members of the Commission.
First, was Brigadier-General Joseph Holt, the Judge-Advocate of the U. S.
Army, and the Recorder of the Commission. During his past military career
he had distinguished himself on many a bloody court-martial.
Second, designated by General Holt as First Assistant or Special
Judge-Advocate, was Hon. John A. Bingham, of Ohio--long a Representative
in Congress, then for a short interval a Military Judge-Advocate, now a
Representative in Congress again, and to become in the strange
vicissitudes of the near future, one of the managers of the impeachment of
President Johnson, whom he now cannot praise too highly. He was one of
those fierce and fiery western criminal lawyers, gifted with that sort of
vociferous oratory which tells upon jurors and on the stump, by nature and
training able to see but one side to a case and consequently merciless to
his victims. His special function was to cross-examine and brow-beat the
witnesses for the defense, a branch of his profession in which he was
proudly proficient, and, above all, by pathetic appeals to their
patriotism and loyalty, and by measureless denunciations of the murder of
their Commander-in-Chief and of the Rebellion, to keep up at a white heat
the already burning passions of the officers composing the tribunal. Next
to him came Colonel Henry L. Burnett; brought from Indiana where he had
won recent laurels in conducting the trial of Milligan for treason before
a Military Commission--laurels, alas! soon to be blasted by the decision
of the U. S. Supreme Court pronouncing that and all other Military
Commissions for the trial of citizens in places where the civil courts are
open illegal, and setting free the man this zealous public servant had
been instrumental in condemning to death.
In the centre of the room was a witness-stand facing the Court. To the
left of the witness-stand a table for the official reporters. Along the
western side and directly opposite the Court was a platform about a foot
high and four feet broad, with a strong railing in front of it. This was
the prisoners' dock. The platform was divided near the left hand or
southern corner by the doorway which led to the cells. In front of the
southern end of the dock and behind the witness-stand was the table of the
prisoners' counsel.
At the appointed hour the door in the western side opens and an impressive
and mournful procession appears. Six soldiers armed to the teeth are
interspersed among seven male prisoners and one woman.