The new trial was in fact at hand. In the summer of the year 1867, the
interest excited by the investigation of the Judiciary Committee of the
House of Representatives, referred to in the last chapter, suddenly became
merged into the intenser and more widespread interest excited by the trial
of John H. Surratt in the Criminal Court of the District of Columbia.
Surratt, after escaping from his captors in Italy by leaping down a
precipice, fled to Malta and thence to Alexandria, where, on the 21st of
December, 1866, he was recaptured and taken on board the United States
vessel "Swatara." In this vessel, bound hand and foot, the prisoner
arrived at Washington on the 21st of February following. Thus the radicals
in Congress, impelled by their growing enmity to the President over the
reconstruction contest, by scattering abroad sinister intimations that the
cause of his remissness in bringing to punishment the accomplices of the
convicted assassins was fear for himself of a full investigation of the
assassination, succeeded at last in forcing the Executive Department,
apprehensive, as it had good reason to be, of the shadows which any future
trial in the civil courts was likely to reflect back upon the Military
Commission, and aware of the breaking down of the case against the
Canadian confederates and Jefferson Davis, face to face with the necessity
of ratifying the conviction of the mother by securing the conviction of
the son. On the one hand, the radicals, in blind ignorance of the true
inwardness of affairs, clamored for the trial, in the hope that the guilt
of the prisoner's supposed accomplices, Davis and Company, and possibly of
the President himself, might be detected. On the other hand, the
administration, now that the man had been forced upon its hands, knowing
the futility of the hope of its enemies, pushed on the trial in the hope
that, with its powerful appliances, a result could be obtained which would
vindicate the verdict of the Military Commission. No one on either side,
however, so much as dreamed of renewing the iniquity of a trial by
court-martial. Amid the silence of the Holts and the Binghams and the
Stantons, Surratt was duly indicted by a grand jury for the murder of "one
Abraham Lincoln," and for conspiring with Booth, Payne, Atzerodt, Herold
and Mary E. Surratt to murder "one Abraham Lincoln," which conspiracy was
executed by Booth. There was no averment about the traitorous conspiracy
to murder the heads of Government, in aid of the rebellion; nor were the
names of Dr. Mudd, O'Laughlin, Arnold or Spangler, then undergoing
punishment on the Dry Tortugas, inserted as parties to the conspiracy; nor
was any mention made of Seward or Johnson or Grant, as among the
contemplated victims. All was precise and perspicacious, as is required in
pleadings in the civil courts. The loose, vague, indefinite and impalpable
charges permissible, seemingly, on military trials, gave place to plain