The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
With the loud and repeated denunciations of this elaborate and vindictive
harangue, full as it was of rhetorical appeals to the members of the
Commission to avenge the murder of "their beloved Commander-in-Chief," and
of repeated and most emphatic assurances of the undoubted guilt of each
and every one of the prisoners, as well as of all their alleged
accomplices, still ringing in the ear of the Court; the room is for the
last time cleared of spectators, counsel for the prisoners and reporters;
the mournful procession of the accused marches for the last time from the
dock to their solitary cells, their fetters clanking as they go; and the
Commission meets to deliberate upon its verdict. But who remains in the
room, meets with the Court and participates in its secret and solemn
deliberations? Who but Colonel Burnett, the officer who had so zealously
conducted the preliminary examinations of the witnesses and marshalled the
evidence for the prosecution? Who but Recorder Joseph Holt, the head of
the Bureau of Military Justice, the left hand of Stanton as Baker was his
right? Who but John A. Bingham, the Special Judge-Advocate, who had so
mercilessly conducted the trial, assailing counsel, browbeating witnesses
for the defense, declaring that all participants in the rebellion were
virtually guilty of the assassination, and who had just closed his long
speech, in which he had done his utmost to stir up the Commission to the
highest pitch of loyalty, unreasoning passion and insatiable desire for
vengeance?
Where can we look in the history of the world for a parallel to such a
spectacle? A woman of refinement and education, thrown together in one
mass with seven men, to be tried by nine soldiers, for the crime of
conspiring with Jefferson Davis, the arch-enemy of every member of the
tribunal, to kill, and killing, the beloved Commander-in-Chief of every
member of the tribunal; three experienced criminal lawyers eagerly
engaging in the task of proving her guilty; pursuing it for days and weeks
with the unrelenting vigor of sleuth-hounds; winding up by reiterating in
the most solemn manner their overwhelming conviction of her guilt; and
then all three being closeted with the Court to take part in making up the
doom of death!
And here let us pause to consider one feature of the trial and of the
summing up of Judge Bingham, which has not yet been noticed because it
deserves special and prominent remark.