The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
And whether the latter terrible suspicion be well founded or not, true it
is that this cruel result, notwithstanding the withdrawal of the
objection, did not fail of full accomplishment.
Reverdy Johnson, though suffered to appear as counsel, was virtually out
of the case. He was present only at rare intervals during the trial, and
sent in his final argument to be read by one of his juniors. The Court had
put its brand upon him, and to any subsequent effort of his it turned an
indifferent countenance and a deaf ear. He, forsooth, had "sympathized"
with the Rebellion and that was enough! His appearance worked only harm to
his client, if harm could be done to one whom the Court believed to have
been also a sympathizer with rebellion, and who was already doomed to
suffer in the place of her uncaptured son.
Another incident, occurring after the testimony on behalf of the prisoners
had begun, will illustrate still more clearly, if possible, the mental
attitude of the Court.
Among the witnesses sworn on the first day of the trial in secret session
was one Von Steinacker, who, according to his own statement, had been in
the Confederate Army, on the staff of Major-General Edward Johnson. He
told the usual cock-and-bull story about seeing Booth in Virginia, in
1863, consorting with the rebel officers and concocting the assassination
of Lincoln. At the time of his examination he was a prisoner of war, but
after he had given his testimony he was discharged. The counsel for the
defense knowing nothing of the witness did not cross-examine him at all.
But, subsequently, they discovered that, after having once been convicted
of an attempt to desert, he had at last succeeded in deserting the Union
Army, and had entered the service of the Confederates; that he had been
convicted of theft by a court-martial; and that his whole story was a
fiction. Thereupon, as soon as possible, the counsel for Mrs. Surratt
applied for the recall of the witness for cross-examination, so as to lay
the basis for his contradiction and impeachment; and they embodied the
facts they were ready to prove in a paper which was signed by Reverdy
Johnson and the other counsel for Mrs. Surratt. This application seems to
have strangely disturbed the Judge-Advocates and aroused the ire of the
Court. The prosecuting officers professed to have no knowledge of the
whereabouts of the witness; and General Wallace, moved from his wonted
propriety, delivered himself as follows:
"I, for my part, object to the appearance of any such paper on the
record, and wish to say now that I understand distinctly and hold in
supreme contempt, such practices as this. It is very discreditable to
the parties concerned, to the attorneys, and, if permitted, in my
judgment will be discreditable to the Court."