THE FINDING OF THE
COURT.
WAR DEPARTMENT, ADJUTANT-GENERAL OFFICE,
WASHINGTON, July 5,
1865.
To Major-General W. S. HANCOCK, U. S. Volunteers, commanding Middle
Military Division, Washington D. C.:
Whereas, By the Military
Commission appointed in paragraph 4, Special
Orders 211, dated War Department, Adjutant-General's Office, May
6,
1865, and of which Major-General David Hunter, United States
Volunteers, is President, the following persons were tried and
sentenced as
hereinafter stated, as follows:--
First.--David E. Harold.
Finding.--Of the
specification "Guilty," except combining, confederating, and conspiring with Edward Spangler, as to which part
thero-of "Not
Guilty." Of the charge "Guilty," except the words of the charge
that
"he combined, confederated, and conspired with Edward Spangler,"
as
to which part of the charge "Not Guilty."
Sentence.--And the
Commission therefore sentence him, the said David
E. Harold, to be hanged by the neck until he is dead, at such
time and
place as the President of the United States shall direct,
two-thirds of the
members of the Commission concurring therein.
Second.--George A. Atzerodt.
Finding.--Of the
specification "Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this "Not
Guilty."
Sentence.--And the
Commission does therefore sentence him, the said
George A. Atzerodt, to be hanged by the neck until he is dead,
at such
time and place as the President of the United States shall
direct, two thirds of the members of the Commission concurring therein.
Third.--Lewis Payne.
Finding.--Of the
specification "Guilty," except combining, confederating, and conspiring with Edward Spangler. Of this not guilty.
Of the
charge "Not Guilty," except combining, confederating, and
conspiring
with Edward Spangler. Of this not guilty.
Sentence.--And the
Commission does, therefore, sentence him, the said
Lewis Payne, to be hanged by the neck until he be dead, at such
time
and place as the President of the United States shall direct;
two-thirds
of the members of the Commission concurring therein.
Fourth.--Mary E. Surratt.
Finding.--Of the
specification "Guilty," except as to the receiving,
entertaining, harboring, and concealing Samuel' Arnold and
Michael
O'Laughlin, and, except as to combining, confederating, and
conspiring
with Edward Spangler. Of this not guilty. Of the charge
"Guilty," except as to combining, confederating, and conspiring with Edward
Spangler. Of this not guilty.
Sentences.--And the
Commission does therefore sentence her, the said
Mary E. Surratt, to be hanged by the neck until she be dead, at
such time
and place as the President of the United States shall direct,
two-thirds of
the members of the Commission concurring therein; and
Whereas, The President of
the United States has approved the forego ing sentences in the following order, to wit:--
EXECUTIVE MANSION, July 5,
1865.
The foregoing sentences in the cases of David E. Harold, George E.
Atzerodt, Lewis Payne, and Mary E. Surratt, are hereby approved; and
it is ordered that the sentences in the cases of David E. Harold, G.
A.
Atzerodt, Lewis Payne, and Mary E. Surratt, be carried into
execution
by the proper military authority, under the direction of the
Secretary of
War, on the 7th day of July, 1865, between the hours of 10 o'clock
A. M.
and 2 o'clock P. M. of that day.
ANDREW JOHNSON President.
Therefore, You are hereby commanded to cause the foregoing
sentences
in the cases of David E. Harold, G. A. Atzerodt, Lewis Payne, and
Mary
E. Surratt, to be duly executed in accordance with the President's
order.
By command of the President of the United States.
E. D. TOWNSEND, Assistant Adjutant-General.
In the remaining cases of O'Laughlin, Spangler, Arnold, and Mudd,
the
findings and sentences are as follows:--
Fifth.--Michael. O'Laughlin.
Finding.--Of the specification "Guilty," except the words
thereof as
follows: "And in the further prosecution of the conspiracy
aforesaid,
and 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 Lieu tenant-General and Commander of the Armies of the United States,
with
intent then and there to kill and murder the said Ulysses S.
Grant." Of
said words, "Not Guilty," and except "combining, confederating,
and conspiring with Edward Spangler." Of this not guilty. Of the
charge
"Guilty," except combining, confederating, and conspiring with
Edward
Spangler. Of this not guilty.
Sentence.--The Commission sentence Michael O'Laughlin to
be imprisoned at hard labor for life.
Sixth.--Edward Spangler.
Finding.--Of the specification, "Not Guilty," except as
to the words,
"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 abet him,"
meaning
John Wilkes Booth, "in making his escape, after the said Abraham
Lincoln had been murdered in the manner aforesaid," and of these
words,
"Guilty." Of the charge, not guilty, but guilty of having
feloniously
and traitorously aided and abetted John Wilkes Booth in making
his escape after having killed and murdered Abraham Lincoln, President
of the
United States--he, the said Edward Spangler, at the time of
aiding and
abetting as aforesaid, well knowing that the said Abraham
Lincoln, President as aforesaid, had been murdered by the said John Wilkes
Booth as
aforesaid.
The Commission sentenced Spangler to be confined at hard labor
for
six years.
Seventh.--Samuel Arnold. Of the specifications--
Guilty--Except combining, confederating, and conspiring
with Edward
Spangler; of this, not guilty.
Of the charge--
Guilty--Except combining, confederating, and conspiring
with Edward.
Spangler; of this, not guilty.
The Commission sentence him to imprisonment at hard labor for
life.
Eighth.--Samuel A. Mudd. Of the specification--
Guilty--Except combining, confederating, and conspiring
with Edward
Spangler; of this not guilty; and excepting receiving and
entertaining,
and harboring and concealing said Lewis Payne, John H. Surratt,
Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and
Samuel
Arnold; of this, not guilty. Of the charge "Guilty," except
combining,
confederating, and conspiring with Edward Spangler; of this, not
guilty.
Sentence.--The Commission sentenced Dr. Mudd to be
imprisoned at
hard labor for life.
The President's order in these cases is as follows:--
It is further ordered that the prisoners, Samuel Arnold, Samuel
A.
Mudd, Edward Spangler, and Michael O'Laughlin, be confined at
hard labor in the penitentiary at Albany, New York, during the period
designated in their respective sentences.
ANDREW JOHNSON, President.
The sentences were duly executed, except the Dry Tortugas was
substituted for the Albany
Penitentiary, for the imprisonment of Arnold, Mudd, Spangler, and
O'Laughlin.
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