CHARGES AND SPECIFICATIONS.
The following is a copy of the charge and specification against
David. E.
Harold, George A. Atzerodt, Lewis, Payne, Michael O'Laughlin, John
H.
Surratt, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel
Mudd:--
Charge 1st.--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, 1865, combining,
confederating,
and conspiring together with one John H. Surratt, John Wilkes
Booth,
Jefferson Davis, George N. Saunders, Beverly Tucker, Jacob
Thompson,
William C. Cleary, Clement C. Clay, George Harper, George Young,
and
others unknown, to kill and murder within the Military
Department of
Washington, and within the fortified and intrenched lines
thereof, Abraham
Lincoln, 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 as 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, and in prosecuting said malicious, unlawful,
and traitorous conspiracy aforesaid, and in aid of said rebellion,
afterwards, to wit
On the 14th day of April, 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 Navy 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, un lawfully, 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 aforesaid.
Specification 1st.--In this
that they, the said David E. Harold, Edward
Spangler, Lewis Payne, John H. Surratt, Wichael O'Laughlin,
Samuel
Arnold, Mary E. Surratt, George A. Atzerodt, and Samuel A. Mudd,
in cited and encouraged thereunto by Jefferson Davis, George N.
Saunders,
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 armed 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
said 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 the said Abraham Lincoln, after the 4th day of March, A. D. 1865,
the office of President of the said United States, and the
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 to kill and murder William H. Seward, then
Secretary of State of the United States aforesaid, whose duty it was by
law, upon the death of said President and Vice-President of the United
States afore-said, 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 aid in the subversion and overthrow of
the Constitution and the laws of the 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 ten o'clock and fifteen minutes P. M., at
Ford's Theatre, 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 leaden ball, against and upon the left
and posterior side of the head of the 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
there-of, a mortal wound, whereof afterwards, 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 did unlawfully,
traitorously, and maliciously, 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 the 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 an entrance to the box in the
said theatre in which the 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 theatre so as to hinder and prevent any assistant 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 the 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. Harold did, on the 14th of April, A. D. 1865,
within the
military department and military lines aforesaid, aid and 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 him 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 the said Abraham Lincoln 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, 1865, about the same hour of ten o'clock, fifteen
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 dwell ing-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, unlaw fully, traitorously, and in pursuance of said conspiracy,
strike, stab, out,
and attempt to kill and murder the said William H. Seward, and
did there by then and there and with the intent aforesaid, with said
knife, inflict
upon the face and throat of said William H. Seward divers
grievous
wounds; and 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. Hansel, and George F.
Rob inson, who were then striving to protect and rescue the said
William H.
Seward from being murdered by the said Lewis Payne, and did then
and
there, with the said knife and pistols held in his hands,
inflict upon the
head of said Frederick W. Seward, and upon the persons of said
Augustus
H. Seward, Emrick W. Hansel, 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. Hansel,
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, and about the same hour aforesaid,
within the
military department and the military lines aforesaid, lie in
wait for An drew 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 purpose 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 B. Grant, then
Lieutenant-General
and Commander of the armies of the United States as aforesaid,
with in
tent then and there to kill and murder the said Ulysses S.
Grant.
And in the further prosecution of said conspiracy, the said
Samuel Arnold did, 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 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 the
said conspiracy, Mary E. Surratt did
at Washington City, and 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 20th of
April, A. D.
1865, receive, entertain, harbor and conceal, aid and assist the
said John
Wilkes Booth, David E. Harold, Lewis Payne, John H. Surratt,
Michael
O'Laughlin, George A. Atzerodt, Samuel Arnold, and their
confederates,
with knowledge of the murderous and traitorous conspiracy
aforesaid,
and with intent to aid, abet, and assist them in the 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. Harold,
Lewis Payne, John H. Surratt, Michael O'Laughlin, George A.
Atzerodt,
Mary E. Surratt, and Samuel Arnold, and their confederates, with
knowedge of the murderous and traitorous conspiracy aforesaid, and
with in tent 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.