with $10,000 government money to effect the purchase. William C. Cleary,
for whom $10,000 reward had been offered as one of the conspirators, and
who had just been found guilty by the Military Commission, was to deliver
the letters and receive the money. Speed met Cleary at the Clifton House,
but the latter, in the meanwhile, had seen in a newspaper a portion of the
testimony before the Military Commission implicating him, and he utterly
refused to give up the papers, as he had to rely upon them, as he said, to
vindicate himself. The shadows thus began to darken over the credibility
of the corps of spies that the Bureau had employed. Indictments for
perjury against Montgomery, Conover and other paid witnesses began to be
talked of. Friends, and enemies as well, of the imprisoned ex-President
began to clamor for his trial or release. Even the implicated agents in
Canada showed a bold front, and professed a willingness to meet the
terrible charge if guaranteed a trial by jury. A jury! A jury of twelve
men! Trial by jury! If there was anything that could shake the souls of
the members of the Bureau of Military Justice, it was to hear of trial by
jury. It was a damnable institution. It impeded justice. It screened the
guilty. It was beyond control. It could not be relied on to convict. And
yet it was to this tribunal they foresaw they must come.
In September, 1865, embarrassing news arrived at the Department of State.
The consul at Liverpool informed the American Minister at London that John
H. Surratt was in England and could be extradited at any time. Here was
the villain who was, with Booth, the prime mover of the conspiracy and the
active accomplice of Booth and Payne in their work of blood. At least, so
the Military Commission found, who hung his mother in his stead. And yet
the United States Government informed Mr. Adams, and Mr. Adams so informed
the consul, that the Government did not intend to prosecute. On the 24th
of November ensuing, the War Department, by general order, revoked the
"rewards offered for the arrest of Jacob Thompson, Beverly Tucker, George
N. Sanders, William S. Cleary and John H. Surratt." Where now was the
redoubtable Bingham who, over and over again, had assured the Commission
he guided of the unmistakable guilt of all these persons? The whole theory
of the Secretary of War, which he had preconceived in the midst of the
panic following the assassination, that the murder of the President was
the outcome of a deep-laid and widespread conspiracy, of which Jefferson
Davis was the head and Booth and Payne the bloody hands--this theory,
which the Bureau of Military Justice, aided by Baker and his detectives,
had so sedulously labored to establish, and which Judge Bingham had so
persistently pressed upon the nine military men who composed the Court, to
the exclusion of any such hypothesis as a plot to capture--this
preconceived theory all at once fell to the ground. The perjured spies,