One of the five gives way, and now there is a majority for death. One more
appeal! The life of the woman trembles in the balance. Once more to the
breach! The supreme reserve is at last brought forward--an argument much
in use with Judge-Advocates in cases of refractory courts-martial, as a
last resort--that the President will not allow a hair of her head to be
harmed, but that _terror_, TERROR, is necessary; in this instance, to
force the son to quit his hiding place, the life of the mother must be the
bait held out to catch the unsurrendering son. We will hang him and then
free the woman's neck.
Another vote comes over. Two-thirds at last concur, and her doom is
sealed. They sentence "Mary E. Surratt to be hanged by the neck until she
be dead." Judge Bingham sits down and embodies the memorable "suggestion"
in writing as follows:
[It is without address.]
"The undersigned, members of the Military Commission detailed to try
Mary E. Surratt and others for the conspiracy and the murder of
Abraham Lincoln, late President of the United States, &c.,
respectfully pray the President, in consideration of the sex and age
of the said Mary E. Surratt, if he can, upon all the facts in the
case, find it consistent with his sense of duty to the country, to
commute the sentence of death, which the Court have been constrained
to pronounce, to imprisonment in the penitentiary for life.
Respectfully submitted."
General Ekin copies it on a half-sheet of legal-cap paper, and the five
officers, viz.: Generals Hunter, Kautz, Foster and Ekin, and Colonel
Tompkins, sign the copy; General Ekin keeping the draft of Bingham as a
memento of so gentle an executioner.
The Commission then proceeds to the next and last case, and, again
exercising its prerogative of clemency, sentences Dr. Mudd to imprisonment
for life. It is now Friday noon. The result of the two-days' secret
session, consisting of a succinct statement of the verdict and sentence in
every case, in the foregoing order, is redacted into a record. The
presiding officer signs, and the Recorder countersigns it. It is placed in
the hands of the Judge-Advocate, together with the petition to the
President. There is an adjournment without day. The members disperse, and
the work of the Military Commission is over.
CHAPTER VII.
THE DEATH WARRANT AND THE EXECUTION.