The deviations from the Charge and Specification, the Court had finally
prescribed in the verdicts against O'Laughlin and Spangler, were not
thought by the prosecutors to be of such importance as to warrant a
softening of the sentence. But here the loyalty of some members of the
Commission began to falter, and refuse to bear the strain. They had found
O'Laughlin guilty of the "traitorous conspiracy," and Spangler guilty of
aiding Booth to escape, and Arnold guilty in the same degree as Herold,
Atzerodt and Payne, but in none of these cases could the attending
advocates extort a two-thirds vote for death. In the case of Spangler,
owing, it is said, to the impression made by General Ewing and the
influence of General Wallace, they were compelled to allow a sentence of
but six years imprisonment. And in the case of the two others--convicted
co-conspirators with Booth and Davis though they were--these prosecuting
officers had to rest satisfied with but life-long imprisonment.
It was too evident that five members of the Commission had slipped the
bloody rein. Three lives had they taken. Henceforth they would stop just
this side the grave.
At this point--when the Commission had sentenced to death three men and
had just declined to sentence to death two more whom it had pronounced
guilty of the same crime--at this point it was, that the sentence of Mary
E. Surratt came up for determination.
Now, the crimes of which Arnold had been found guilty were both in law and
in fact the same of which she had been found guilty. Even the particular
allegation in the Specification is the same in both cases, except some
immaterial variance in the verbiage and in the names of co-conspirators.