The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
Mr. Clampitt, with the most obsequious deference to the Court, deprecated
any such reflection upon the conduct of counsel and alluded to their duty
to their unfortunate clients. But this humble apology was declared not
satisfactory to the General or to the Court; and the application was not
only refused but the paper was not allowed to go upon the record. However,
this summary method of keeping facts out of sight availed nothing. Mrs.
Surratt's counsel had caused to be summoned as a witness, to contradict
and impeach Von Steinacker, Edward Johnson, the very Major-General on
whose staff the witness had sworn he had been.
General Johnson, a distinguished officer in the Confederate Army, was
taken prisoner in 1864 and had been in confinement since, as such, at Fort
Warren. From thence he had been brought to attend before the Commission
in obedience to a subpoena issued by the Court.
On the 30th of May, he was called as a witness and appeared upon the stand
to be sworn. As he stood there, in his faded uniform, bearing, doubtless,
traces of the six months' imprisonment from which he had come at the
command of the Court, facing the officers of the Army he had so often
encountered, and with his back turned upon the woman on whose behalf he
had been summoned; General Albion P. Howe deemed it his duty as an
impartial judge to make the following attack upon him.
After stating that it was well known that "the person" before the Court
had been educated at the National Military Academy, and had since for many
years held a commission in the U. S. Army, and had therefore taken the
oath of allegiance, this gallant officer and upright judge proceeded:
"In 1861, it became my duty as an officer to fire upon a rebel party,
of which this man was a member, and that party fired upon, struck
down, and killed loyal men that were in the service of the Government.
I understand that he is brought here now as a witness to testify
before this Court, and he comes here as a witness with his hands red
with the blood of his loyal countrymen, shed by him or by his
assistants, in violation of his solemn oath as a man and his faith as
an officer. I submit to this Court that he stands in the eye of the
law as an incompetent witness, because he is notoriously infamous. To
offer as a witness a man who stands with this character, who has
openly violated the obligations of his oath, and his faith as an
officer, and to administer the oath to him and present his testimony,
is but an insult to the Court and an outrage upon the administration
of justice. I move that this man, Edward Johnson, be ejected from the
Court as an incompetent witness on account of his notorious infamy on
the grounds I have stated."