For all the rest there was no mercy in the verdict. Every one was found
guilty of the charge as formulated (eliminating Spangler); that is, in the
judgment of the Commission, they had, each and all, been engaged in a
treasonable conspiracy with Jefferson Davis, John H. Surratt, John Wilkes
Booth and the others named, to kill Abraham Lincoln, President, Andrew
Johnson, Vice-President, Wm. H. Seward, Secretary of State, U. S. Grant,
Lieutenant-General; and that in pursuance of such conspiracy they (the
prisoners) together with John H. Surratt and J. Wilkes Booth, had murdered
Abraham Lincoln, assaulted with intent to kill W. H. Seward, and lain in
wait with intent to kill Andrew Johnson and U. S. Grant.
This was the deliberate judgment of the Commission as guided by
Judge-Advocates Holt, Burnett and Bingham. With the same breath with which
they pronounced the guilt of Mrs. Surratt, they pronounced also the guilt
of her son, of Jefferson Davis, of Clement C. Clay, of George H. Sanders,
of Beverly Tucker. And there can be no doubt that if these men had also
been upon trial, they all would have been visited with the same
condemnation and would have met the same doom.
The Commission, further, found Herold, Atzerodt, Payne and Arnold guilty
of the Specification as formulated (eliminating Spangler); Mrs. Surratt
guilty, except that she had not harbored and concealed Arnold or
O'Laughlin; Dr. Mudd guilty, except that he had not harbored or concealed
Payne, John H. Surratt, O'Laughlin, Atzerodt or Mrs. Surratt; and,
strangest of all, they found O'Laughlin guilty of the Specification,
_except that he had not lain in wait for General Grant with intent to kill
him_, which was the very part in the conspiracy he was charged in the
Specification with having undertaken. It should be recollected that, in
the first moments of the panic succeeding the assassination, Stanton and
his subordinates had included among the objects of the conspiracy, as if
to complete its symmetry, the murder of the Secretary of War, himself.
Afterwards, probably because of the attitude of Stanton relative to the
prosecution, Grant was substituted as the victim of O'Laughlin and not of
Booth; Stanton's son having discovered a resemblance of the captured
O'Laughlin to the mysterious visitor at his father's house during the
serenade on the night of the 13th of April, when General Grant was also
present. This pretty romance, the testimony on behalf of O'Laughlin
effectually dissipated on the trial, but the indomitable Bingham still
insisted on holding the prisoner to a general complicity with the plot. In
this instance, as well as in that of Spangler, there may have been some
dissension between a majority of the officers and the Judge-Advocates,
but, taken altogether, the eight verdicts could not have cost the
Commission much time. It was organized to convict, and it did convict.