The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
by explaining such suspicious circumstances as the frequent rendezvous of
Booth, Payne and others at Mrs. Surratt's house, which practice, as it
was proved, ceased altogether on the fall of Richmond and the immediate
departure of the son to Canada. To the Judge-Advocates, if not to the
Court, any evidence looking towards innocence was most distasteful and
unwelcome. They were in no mood to reconcile what they considered the
damning proofs of a conspiracy to kill their "beloved Commander-in-Chief"
with the innocence of the fettered culprits before them, by admitting a
plot to capture, into which nevertheless those same proofs fitted with
surprising consistency. Besides, in the eyes of Bingham and Holt,
complicity in a plot to capture, although unexecuted, was proof of
complicity in the plot to murder, and also of itself deserved death. In
this direction, therefore, the Judge-Advocates were mole-eyed. On the
contrary, they hailed the slightest indication of guilt with a glow of
triumph. In the direction of guilt, they were lynx-eyed.
Consequently, they bent every energy to identify the plot to capture with
the plot to kill. They introduced anonymous letters, dropped letters; a
letter mailed nearly a month after the assassination directed to J. W. B.;
a letter in cipher, purporting to be dated the day after the
assassination, addressed to John W. Wise, signed "No Five," found floating
in the water at Morehead City, North Carolina, as late as the first of
May; this last, the most flagrant violation and cynical disregard of the
law of evidence on record.
They did more. They labored to keep out all reference to the plot to
capture. And it was for this reason, that the Judge-Advocates deliberately
suppressed the diary found on the body of Booth. Its contents demonstrated
the existence of the plot to capture.
Instead of allowing the officer who testified to the articles taken from
the dead body of Booth to make a detailed statement in response to one
general question as to what they were, the examining counsel shows him
first the knife, then the pistols, then the belt and holster, then a file
with a cork at one end, then a spur, then the carbine, then the bills of
exchange, then the pocket-compass; following the exhibition of every
article with the interrogatory, "Did you take this from the corpse of the
actor?" But no diary was exhibited or even spoken of, although, as has
been mentioned, it was carried by this same officer and Colonel Baker to
Secretary Stanton on the night following the capture. That these
Judge-Advocates had carefully searched through the diary for items they
could use against the prisoners, is shown by their calling one of the
proprietors of the "National Intelligencer," as a witness, to contradict
the statement that Booth had left a written article, setting forth the
reasons for his crime, for publication in that paper--a statement found
only in the diary whose very existence they kept secret.