The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
On the next day (Thursday, May 11th), Mr. Thomas Ewing, Jr. and Mr.
Frederick Stone appeared as counsel for Dr. Mudd, and Mr. Frederick A.
Aiken and Mr. John W. Clampitt for Mrs. Surratt; and on the succeeding day
(12th), Mr. Frederick Stone appeared for Herold "at the earnest request of
his widowed mother and estimable sisters;" General Ewing for Arnold (and
on Monday, the 15th, for Spangler); Mr. Walter S. Cox for O'Laughlin, and
Mr. William E. Doster for Payne and Atzerodt.
By the rules of the Commission no counsel could appear for the prisoners
unless he took the "iron-clad oath" or filed evidence of having taken it.
So supersensitive was the loyalty of the Court that it could not brook the
presence of a "sympathizer with the South," even in such a confidential
relation as counsel for accused conspirators in aid of the Rebellion.
The demeanor of the Court towards the counsel for the defense, reflecting
as in a mirror the humor of the Judge-Advocates, was highly
characteristic. Sometimes they were treated with haughty indifference,
sometimes with ironical condescension, often with contumely, generally
with contempt. Their objections were invariably overruled, unless acceded
to by the Judge-Advocate. The Commission could not conceal its secret
opinion that they were engaged in a disreputable and disloyal employment.
This statement must be somewhat qualified, however, so far as it relates
to General Ewing. He was, or had been recently, of equal rank in the army
of the Union with the members of the Court. He was a brother-in-law of
General Sherman, and he had acquired a high reputation for gallantry and
skill, as well as loyalty, during the war. That such a distinguished
fellow-soldier should appear to defend the fiendish murderers of their
beloved Commander-in-Chief--outlaws they were detailed as a Court to
hang--evidently perplexed and disconcerted these military Judges and
tended in some degree to curb the over-bearing insolence of the Special
Judge-Advocate. Thus, this able lawyer and gallant officer and noble man
was enabled to be "the leading spirit of the defense;" and, as we shall
see, he wrought the miracle of plucking from the deadly clutches of the
Judge-Advocates the lives of every one of the men he defended. But this
instance was a most notable exception. As a rule, even the silent presence
of the counsel for the accused jarred upon the feelings of the Court, and
their vocal interference provoked, at intervals, its outspoken
animadversion. A trifling incident will serve to illustrate.