The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
The witnesses, while giving their testimony, were required to face the
Court, so that they necessarily turned their backs on the counsel for the
prisoners who were placed some distance behind the witness-stand. These
counsel were also forced to cross-examine the witnesses for the
prosecution, and interrogate their own, without seeing their faces; and as
often as a witness in instinctive obedience to the dictates of good
manners would turn round to answer a question, the President of the Court
would check him by a "sharp reprimand" and the stern admonition: "Face the
Court!" The confusion of a witness, especially for the defense, when
thundered at in this way by General Hunter, and the reiterated humiliation
of counsel implied in the order, seem to have only called forth the wonder
that witnesses "would persist in turning towards the prisoners' counsel!"
Clearly these lawyers were an unmeaning, an impeding, an offensive, though
unavoidable, superfluity.
CHAPTER II.
ANIMUS OF THE JUDGES.
On Saturday, the 13th of May, an incident occurred which throws much light
upon the judicial temper of the Court at the very beginning of the trial.
On that day Reverdy Johnson appeared as counsel for Mrs. Surratt. Admitted
to the bar in 1815, Senator of the United States as far back as 1845,
Attorney-General of the United States as long ago as 1849, and holding the
position of Senator of the United States again at that very moment; having
taken the constitutional oath in all the Courts including the Supreme
Court of the United States at whose bar he was one of the most eminent
advocates; three years after this time to be Minister Plenipotentiary to
England; as he stood there, venerable both in years and in honors,
appearing at great personal and professional sacrifice, gratuitously, for
a woman in peril of her life, one would have thought him secure at least
from insult. Yet no sooner did he announce his intention, if the Court
would permit him at any time to attend to his imperative duties elsewhere,
to act as counsel, than the President of the Commission read aloud a note
he had received from one of his colleagues objecting "to the admission of
Reverdy Johnson as a counsel before this Court on the ground that he does
not recognize the moral obligation of an oath that is designed as a test
of loyalty;" and, in support of the objection, referring to Mr. Johnson's
letter to the people of Maryland pending the adoption of the new
constitution of 1864.
The following colloquy then took place:
"Mr. Johnson.--May I ask who the member of the Court is that makes
that objection?
"The President.--Yes, sir, it is General Harris, and, if he had not
made it, I should have made it myself.
"Mr. Johnson.--I do not object to it at all. The Court will decide if
I am to be tried.
"The President.--The Court will be cleared.
"Mr. Johnson.--I hope I shall be heard.