Assassination of President Lincoln

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Assassination of President Lincoln

Charge and Specification of the Co-conspirators

Indictment

By: Joseph Holt

Date: May 9, 1865

Source: Charge and Specification for the indictment of John Wilkes Booth's co-conspirators in the assassination of President Abraham Lincoln, printed in Assassination of President Lincoln: And the Trial of the Conspirators David E. Herold, Mary E. Surratt, Lewis Payne, George A. Atzerodt, Edward Spangler, Samuel A. Mudd, Samuel Arnold, Michael O'Laughlin, (Cincinnati, OH: Moore, Wilstach and Baldwin), 1865. The Charge and Specification was written by United States Army Brigadier General Joseph Holt.

About the Author: The judge advocate general for the trial of the co-conspirators in the assassination of Abraham Lincoln was U. S. Army Brigadier General Joseph Holt. Additionally, nine officers were appointed to the commission. Holt also appointed two special judge advocates.

INTRODUCTION

On the evening of April 14, 1865, Abraham Lincoln, the sixteenth president of the United States, was assassinated while attending a performance of Our American Cousin at Ford's Theatre in Washington, D.C. As he sat in his box, an actor named John Wilkes Booth crept into the theater, shot the president, then leaped to the stage and fled. The wounded president was carried to a house across the street, where he died the following morning. Meanwhile, Booth escaped to the Maryland and Virginia countryside, but Union troops shot him to death near Port Royal, Virginia, on the morning of April 26.

Some of Booth's alleged co-conspirators, named in the accompanying indictment, were tried for their part in a larger plot to kill other leaders, including the Vice-President and Secretary of War. Others were indicted and tried for simply rendering aid to the fleeing conspirators. Samuel Mudd, mentioned in the Charge and Specification as the Maryland doctor, subsequently treated the leg Booth broke when he jumped to the stage.

The following document is the "Charge and Specification"—that is, the indictment—in the military trial of John Wilkes Booth's co-conspirators for the assassination of President Abraham Lincoln. Benn Pittman served as chief stenographic reporter, and recorded the trial of the Lincoln assassination conspirators.

PRIMARY SOURCE

CHARGE AND SPECIFICATION AGAINST DAVID E. HEROLD, GEORGE A. ATZERODT, LEWIS PAYNE, MICHAEL O'LAUGHLIN, EDWARD SPANGLER, SAMUEL ARNOLD, MARY E. SURRATT, AND SAMUEL A. MUDD

Charge: For maliciously, unlawfully, and traitorously, and in aid of the existing armed rebellion against the United States of America, on or before the 6th day of March, a.d. 1865, and on divers other days between that day and the 15th day of April, a.d. 1865, combining, confederating, and conspiring together with one John H. Surratt, John Wilkes Booth, Jefferson Davis, George N. Sanders, BeverlyTucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, GeorgeYoung, and others unknown, to kill and murder, within the Military Department of Washington, and within the fortified and intrenched lines thereof, Abraham Lincoln, late, and at the time of said combining, confederating, and conspiring, President of the United States of America, and Commander-in-Chief of the Army and Navy thereof; Andrew Johnson, now Vice-President of the United States aforesaid; William H. Seward, Secretary of State of the United States aforesaid; and Ulysses S. Grant, Lieutenant-General of the Army of the United States aforesaid, then in command of the Armies of the United States, under the direction of the said Abraham Lincoln; and in pursuance of in prosecuting said malicious, unlawful and traitorous conspiracy aforesaid, and in aid of the said rebellion, afterward, to wit, on the 14th day of April, a.d. 1865, within the Military Department of Washington, aforesaid, and within the fortified and intrenched lines of said Military Department, together with said John Wilkes Booth and John H. Surratt, maliciously, unlawfully, and traitorously murdering the said Abraham Lincoln, then President of the United States and Commander-in-Chief of the Army and Navies of the United States, as aforesaid; and maliciously, unlawfully, and traitorously assaulting, with intent to kill and murder, the said William H. Seward, then Secretary of State of the United States, as aforesaid; and lying in wait with intent maliciously, unlawfully, and traitorously to kill and murder the said Andrew Johnson, then being Vice-President of the United States; and the said Ulysses S. Grant, then being Lieutenant-General, and in command of the Armies of the United States, as aforesaid.

Specification: In this: that they, the said David E. Herold, Edward Spangler, Lewis Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A. Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, citizens of the United States aforesaid, and who were then engaged in armed rebellion against the United States of America, within the limits thereof, did, in aid of said rebellion, on or before the 6th day of March, a.d. 1865, and on divers other days and times between that day and the 15th day of April, a.d. 1865, combine, confederate, and conspire together, at Washington City, within the Military Department of Washington, and within the intrenched fortifications and military lines of the United States, there being, unlawfully, maliciously, and traitorously to kill and murder Abraham Lincoln, then President of the United States aforesaid, and Commander-in-Chief of the Army and Navy thereof; and unlawfully, maliciously, and traitorously to kill and murder Andrew Johnson, now Vice-President of the said United States, upon whom, on the death of said Abraham Lincoln, after the fourth day of March, a.d. 1865, the office of President of the said United States, and Commander-in-Chief of the Army and Navy thereof, would devolve; and to unlawfully, maliciously, and traitorously kill and murder Ulysses S. Grant, then Lieutenant-General, and, under the direction of the said Abraham Lincoln, in command of the Armies of the United States, aforesaid; and unlawfully, maliciously, and traitorously kill and murder William H. Seward, then Secretary of the United States aforesaid, whose duty it was, by law, upon the death of said President and Vice-President of the United States aforesaid, to cause an election to be held for electors of President of the United States: the conspirators aforesaid designing and intending, by the killing and murder of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and William H. Seward, as aforesaid to deprive the Army and Navy of the said United States of a constitutional Commander-in-Chief; and to deprive the Armies of the United States of their lawful commander; and to prevent a lawful election of President and Vice-President of the United States aforesaid; and by the means aforesaid to aid and comfort the insurgents engaged in armed rebellion against the said United States, as aforesaid, and thereby to aid in the subversion and overthrow of the Constitution and laws of said United States.

And being so combined, confederated, and conspiring together in the prosecution of said unlawful and traitorous conspiracy, on the night of the 14th day of April, a.d. 1865, at the hour of about 10 o'clock and 15 minutes p.m., at Ford's Theater, on Tenth Street, in the City of Washington, and within the military department and military lines aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in pursuance of said unlawful and traitorous conspiracy, did, then and there, unlawfully, maliciously, and traitorously, and with intent to kill and murder the said Abraham Lincoln, discharge a pistol then held in the hands of him, the said Booth, the same being then loaded with powder and a leaden ball, against and upon the left and posterior side of the head of said Abraham Lincoln; and did thereby, then and there, inflict upon him, the said Abraham Lincoln, then President of the said United States, and Commander-in-Chief of the Army and Navy thereof, a mortal wound, whereof, afterward, to-wit, on the 15th day of April, a.d. 1865, at Washington City aforesaid, the said Abraham Lincoln died; and thereby, then and there, and in pursuance of said conspiracy, the said defendants, and the said John Wilkes Booth and John H. Surratt did unlawfully, traitorously, and maliciously, and with the intent to aid the rebellion, as aforesaid, kill and murder the said Abraham Lincoln, President of the United States, as aforesaid.

And in further prosecution of the unlawful and traitorous conspiracy aforesaid, and of the murderous and traitorous intent of said conspiracy, the said Edward Spangler, on said 14th day of April, a.d. 1865, at about the same hour of that day, as aforesaid, within said military department and the military lines aforesaid, did aid and assist the said John Wilkes Booth to obtain entrance to the box in said theater, in which said Abraham Lincoln was sitting at the time he was assaulted and shot, as aforesaid, by John Wilkes Booth; and also did, then and there, aid said Booth in barring and obstructing the door of the box of said theater, so as to hinder and prevent any assistance to or rescue of the said Abraham Lincoln against the murderous assault of the said John Wilkes Booth; and did aid and abet him in making his escape after the said Abraham Lincoln had been murdered in manner aforesaid.

And in further prosecution of said unlawful, murderous and traitorous conspiracy, and in pursuance thereof, and with the intent as aforesaid, the said David E. Herold did, on the night of the 14th of April, a.d. 1865, within the military department and military lines aforesaid, aid, abet, and assist the said John Wilkes Booth in the killing and murder of the said Abraham Lincoln, and did, then and there, aid and abet and assist him, the said John Wilkes Booth, in attempting to escape through the military lines aforesaid, and did accompany and assist the said John Wilkes Booth in attempting to conceal himself and escape from justice, after killing and murdering said Abraham Lincoln as aforesaid.

And in further prosecution of said unlawful and traitorous conspiracy, and of the intent thereof, as aforesaid, the said Lewis Payne did, on the same night of the 14th day of April, a.d. 1865, about the same hour of 10 o'clock and 15 minutes p.m., at the City of Washington, and within the military department and the military lines aforesaid, unlawfully and maliciously make an assault upon the said William H. Seward, Secretary of State, as aforesaid, in the dwelling-house and bed-chamber of him, the said William H. Seward, and the said Payne did, then and there, with a large knife held in his hand, unlawfully, traitorously, and in pursuance of said conspiracy, strike, stab, cut, and attempt to kill and murder the said William H. Seward, and did thereby, then and there, with intent aforesaid, with said knife, inflict upon the face and throat of the said William H. Seward divers grievous wounds. And the said Lewis Payne, in further prosecution of said conspiracy, at the same time and place last aforesaid, did attempt, with the knife aforesaid, and a pistol held in his hand, to kill and murder Frederick W. Seward, Augustus H. Seward, Emrick W. Hansell, and George F. Robinson, who were then striving to protect and rescue the said William H. Seward from murder by the said Lewis Payne, and did, then and there, with said knife and pistol held in his hands, inflict upon the head of said Frederick W. Seward, and upon the persons of said Augustus H. Seward, Emrick W. Hansell, and George F. Robinson, divers grievous and dangerous wounds, with intent, then and there, to kill and murder the said Frederick W. Seward, Augustus H. Seward, Emrick W. Hansell, and George F. Robinson.

And in further prosecution of said conspiracy and its traitorous and murderous designs, the said George A. Atzerodt did, on the night of the 14th of April, a.d. 1865, at about the same hour of the night aforesaid, within the military department and the military lines aforesaid, lie in wait for Andrew Johnson, then Vice-President of the United States aforesaid, with the intent unlawfully and maliciously to kill and murder him, the said Andrew Johnson.

And in the further prosecution of the conspiracy aforesaid, and of its murderous and treasonable purposes aforesaid, on the nights of the 13th and 14th of April, a.d. 1865, at Washington City, and within the military department and military lines aforesaid, the said Michael O'Laughlin did, then and there, lie in wait for Ulysses S. Grant, then Lieutenant-General and Commander of the Armies of the United States, as aforesaid, with intent, then and there, to kill and murder the said Ulysses S. Grant.

And in further prosecution of said conspiracy, the said Samuel Arnold did, within the military department and the military lines aforesaid, on or before the 6th day of March a.d. 1865, and on divers other days and times between that day and the 15th day of April, a.d. 1865, combine, conspire with, and aid, counsel, abet, comfort, and support, the said John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin, and their confederates in said unlawful, murderous, and traitorous conspiracy, and in the execution thereof, as aforesaid.

And in further prosecution of said conspiracy, Mary E. Surratt did, at Washington City, and within the military department and military lines aforesaid, on or before the 6th day of March, a.d. 1865, and on divers other days and times between that day and the 20th day of April, a.d. 1865, receive, entertain, harbor, and conceal, aid and assist the said John Wilkes Booth, David E. Herold, Lewis Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their confederates, with the knowledge of the murderous and traitorous conspiracy aforesaid, and with the intent to aid, abet, and assist them in execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, as aforesaid.

And in further prosecution of said conspiracy, the said Samuel A. Mudd did, at Washington City, and within the military department and military lines aforesaid, on or before the 6th day of March, a.d. 1865, and on divers other days and times between that day and the 20th day of April, a.d. 1865, advise, encourage, receive, entertain, harbor, and conceal, aid and assist the said John Wilkes Booth, David E. Herold, Lewis Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and Samuel Arnold, and their confederates, with knowledge of the murderous and traitorous conspiracy aforesaid, and with the intent to aid, abet, and assist them in the execution thereof, and in escaping from justice after the murder of the said Abraham Lincoln, in pursuance of said conspiracy in manner aforesaid.

By order of the President of the United States.

J. Holt, Judge Advocate General

SIGNIFICANCE

Charged with conspiracy before a special military court on May 9, 1865, that court tried and found guilty the named conspirators. The major conspirators—David E. Herold, George A. Atzerodt, Lewis Payne, and Mary E. Surratt—were hanged on July 7. The others were sentenced to prison, though Lincoln's successor, Andrew Johnson, pardoned them in 1869.

In addition to naming the conspirators who were directly involved with Booth, the indictment mentions the leaders of the Confederacy, including President Jefferson Davis. In the eyes of Northern authorities, the assassination of Lincoln was not the political terrorism of an isolated band of conspirators; it was an act of war for which the South was guilty. For this reason, the defendants were tried before a military tribunal as enemy agents rather than in a civilian court. Further, the trial was conducted in a highly irregular fashion. The defendants were never allowed to speak in their own defense. Defense objections were almost always overruled. Witnesses for the prosecution were coached. One defense attorney was accused of disloyalty to the Union. One member of the tribunal stated openly that he knew Mudd was guilty because of the shapes of the bumps on Mudd's head. Because of these actions, the major conspirators went to their deaths without telling any details of what they knew.

The question that has haunted historians is whether Booth simply manipulated his co-conspirators into an act of political terrorism or whether his act was directed by Confederate leaders in a last-ditch effort to win the Civil War by destabilizing the North. Throughout the Civil War, Lincoln had been the target of numerous assassination and kidnapping attempts. Pro-slavery forces in the South, and even anti-Lincoln "Copperheads" in the North, vowed repeatedly to kill him. On one occasion, a woman dressed as a widow approached him and attempted to infect him with smallpox by kissing him. In 1864, a New York newspaper printed a letter that described an elaborate plot to kill Lincoln. Union spies turned up a Confederate agent named Thomas N. Conrad whose mission was to abduct the president. A year before Lincoln's death, a sniper took a shot at him near the Soldiers' Home in the capital, leaving a hole in the president's stovepipe hat. In December, 1864, a Selma, Alabama, newspaper printed a letter from "X" offering to kill the president for a million dollars. Booth had twice tried to kidnap the president, but in each case his effort was thwarted by the president's last-second change of plans.

In this context, some historians assert that Booth may have been a Confederate agent and saboteur. That he was a Southern sympathizer was well known, but as a prominent actor, he was able to travel freely in the North. Booth may have been involved with the so-called Gray Underground, the Confederate secret service based in Montreal, Canada, where the South's Canadian Cabinet directed espionage operations against the North from just over the border. In cities where Booth played onstage, he left behind a trail of sabotage. In late 1864, for example, he was playing in New York City when, on the night of November 25, Southern agents set fire to a number of large hotels, an act of terrorism directed by the Canadian Cabinet, whose members Booth had met with just days before.

Booth's death, coupled with the destruction of the Confederacy's records when its capital, Richmond, Virginia, fell, leaves gaps in the historical record that historians may never fill. What is proven, however, is that in the aftermath of the Lincoln assassination the North was out for vengeance and ill-disposed to the more moderate reconstruction policies toward the South once advocated by Lincoln.