>t1'nii7li\iithii}\ii-i\<'i!\i]]lili'!?'Jli\i'ii THE LIFE AMUEL-A* h a a a m mrnMmm i fit 1 1 It 1 II ■ 11 III JNCOLN ROOM UNIVERSITY OF ILLINOIS LIBRARY MEMORIAL the Class of 1901 founded by HARLAN HOYT HORNER and HENRIETTA CALHOUN HORNER THE LIFE OF DR. SAMUEL A. MUDD Dr. Samuel a. Mudd As He Appeared when Working in the Carpenter's Shop in the Prison at Fort Jefferson FRONTISPIECE THE LIFE OF Dr. Samuel A. Mudd Containing his Letters from Fort Jefferson, Dry Tortugas Island, where he was Im- prisoned Four Years for Alleged Complicity in the Assassination of Abraham Lincoln with Statements of Mrs. Samuel A. Mudd, Dr. Samuel A. Mudd, and Edward Spangler Regarding the Assassination and The Argument of General Ewing on the Question of the Jurisdiction of the Military Commission, and on the Law and Facts of the Case also "Diary" of John Wilkes Booth EDITED BY HIS DAUGHTER NETTIE MUDD WITH PREFACE BY D. ELDRIDGE MONROE OF THE BALTIMORE BAR New York and Washington THE NEALE PUBLISHING COMPANY 1906 Cmttmetttal ^Wk Cmttpaitg MARIETTA, GEORGIA 1955 Copyright, 1906, by THE NEALE PUBLISHING COMPANY 773.7/. L3 CONTENTS PAGE Preface, 1 1 Introduction, • • • • l 9 I. My Father's Birthplace and Childhood — School-days, College and Home Life, 23 II. My Mother's Statement, 29 III. Continuation of my Mother's Statement; also Sworn Statement of my Father, Dr. Sam- uel A. Mudd, 40 IV. Argument of General Thomas Ewing to the Jurisdiction of the Military Commission, . . 49 V. Argument of General Ewing on the Law and the Evidence in the Case of Dr. Mudd, 60 VI. Prison Life at Fort Jefferson in 1865, as Told by Dr. Mudd and Others, no VII. Prison Life in 1865, Continued— Attempted Escape, as Told by my Father, 123 VIII. Negro Troops at Fort Jefferson, Relieved in Part by White Soldiery, 139 IX. Prison Life in 1866— New Year's Day at Fort Jefferson, J 54 X. Prison Life in 1866, Continued — Description of Fort Jefferson, 17 1 XI. Prison Life in 1866, Continued — General Sheridan Intervenes for Better Treatment of Prisoners, 190 XII. Prison Life in 1866, Continued — Plans for my Father's Release by Habeas Corpus Pro- ceedings, 212 8 THE LIFE OF DR. SAMUEL A. MUDD PAGE. XIII. Prison Life in 1867 — Capture of John H. Sur- ratt in Egypt, and his Arrival in Washing- ton, 219 XIV. Prison Life in 1867, Continued — Booth's Diary Would Have Tended to Establish my Father's Innocence Had it Been Offered in Evidence — "Somebody Had to Suffer,". . . . 237 XV. Prison Life in 1867, Continued — Ravages of Yellow Fever — My Father Assumes Charge of the Hospital at Fort Jefferson, 257 XVI. Prison Life in 1867, Continued — Garrison Re- duced by Deaths from Fever — My Father Free to Escape, but Chooses to Remain and Give "All the Hope and Encouragement Possible to the Death-stricken Victims" — Is Finally Himself Stricken Down, 274 XVII. Prison Life in 1867, Continued — The Scourge of Yellow Fever Being Ended, my Father is Again Put in Chains, 296 XVIII. Prison Life in 1868— The Withholding of Booth's Diary — Surratt's Release, 303 XIX. The Pardon — Home Coming — Spangler's Statement — The Closing Scene, 318 NEW CHAPTERS XX. Descendants of Dr. Samuel Alexander Mudd — Prepared by Richard Dyer Mudd, M. D., 1001 Hoyt St., Saginaw, Michigan 327 XXL Letters Not in Original Edition — Dr. Mudd's Pardon 341 LIST OF ILLUSTRATIONS Facing PAGB. Dr. Samuel A. Mudd as he Appeared When Working in the Carpenter's Shop in the Prison at Fort Jefferson, Frontispiece Abraham Lincoln, 24 Mrs. Samuel A. Mudd, 40 General Thomas Ewing, 60 Andrew Johnson, 154 Fort Jefferson, Dry Tortugas Island, 171 John Wilkes Booth, 240 NEW ILLUSTRATIONS Thomas B. Mudd, Stella K. Mudd, and Dr. Richard D. Mudd examining the Booth Sofa, 1953 327 Dr. Samuel A. Mudd Home Where Dr. Mudd set Booth's Broken Leg 340 PREFACE The assassination of Abraham Lincoln startled and shocked the civilized world as few events have done in the whole course of human history. It occurred at a time when, by reason of the termination of the Civil War with the surrender of Lee at Appomattox, there was promise and hope of a more kindly feeling between the people of the two great sections of the country who, during a period of four years, had been arrayed against each other in deadly strife. The victors had granted magnanimous terms to the vanquished. The conciliatory and generous spirit shown by the Commanding General of the victo- rious armies in the hour of his crowning success, and to which he afterward gave expression in the famous de- claration, "Let us have peace," awakened hopeful re- sponse in the hearts of the conquered people. It was at this point of time, when better and brighter days seemed to be dawning for the whole country, that the tragedy of Lincoln's death aroused throughout the land, North and South, an excitement unparalleled in the nation's history. The victim of the assassin had become almost deified in the minds of the Northern people. The people of the South had learned to respect and honor him for his lofty virtues as a man, while conscientiously con- demning the administrative policies for which he stood. When the estimation in which he was held by the people is considered, it is not a matter to cause surprise, al- though to be deplored, that the news of the assassination excited for the time a feeling of bitterness more intense than had existed at any period during the bloody years of the Civil War. This feeling, deplorable but not alto- gether unnatural under the circumstances, was so ex- treme that, at first, a large number of the Northern people 12 THE LIFE OP DR. SAMUEL A. MUDD were disposed to place the responsibility of Lincoln's murder on the whole of the Southern people and to have inflicted upon them all vindictive punishment. This monstrous idea ultimately gave place to the one not less vicious, yet perhaps less far-reaching, that victims, guilty or innocent, must be sacrificed to avenge the crime of the assassination of the President. To the honor of the vic- torious Union army it should be stated that few of the soldiery shared in this desire for indiscriminate revenge. Among those high in authority in the adminis- trative affairs of the nation, however, in a spirit dia- metrically at variance with that spirit of magnanimity and kindness that had uniformly characterized the course of President Lincoln, the determination was deep seated that victims must be offered up for sacrifice. One of these victims was Dr. Samuel A. Mudd, whose sufferings to satisfy the demands thus born of prejudice and passion, are set forth in this volume, edited by his daughter, then unborn. In this work she has not sought to produce effect by ingenuity of argument, or to deduce conclusions from premises admitted or assumed. She has simply presented to the reader the facts as contained in the argument of General Ewing, made in defense of her father before the Military Commission before which he was tried ; the statement of her mother ; the statement of Spangler, one of the alleged "conspirators," who was imprisoned in Fort Jefferson for nearly five years; and the statement of Dr. Mudd, written while he was in prison but which he was not allowed by the authorities to give to the public, and which is now for the first time published; together with the letters of her father, writ- ten during the long period of his incarceration, and also the letters of various other persons relating directly or indirectly to the alleged "conspiracy." Upon these facts, without comment, she rests the question of the guilt or THE LIFE OF DR. SAMUEL A. MUDD 13 innocence of her father, and submits the matter to the consideration of an impartial public. The letters of Dr. Mudd, written not for general perusal, but for the eyes alone of those very "near and dear" to him, reveal the character of the man more accu- rately perhaps than it could be revealed in any other manner. That he suffered intensely is apparent; that this suffering, which was caused chiefly by his anxiety concerning the welfare of his wife and little children, should have embittered him as the period of his imprison- ment, which he regarded as absolutely unjust, was length- ened out from year to year, is neither surprising nor cen- surable. This bitterness appears only in his later letters. He was a man of culture, of quiet tastes, unostentatious, retiring. He preferred the peaceful surroundings of his home, the association and love of the members of his family, and the friendly intercourse of his neighbors, to any participation in the stirring and momentous events that were transpiring in his war-ridden country. From such peaceful scenes and surroundings of his home he was, on the 24th of April, 1865, rudely torn, a prisoner charged with complicity in one of the most wicked and monstrous crimes that ever cast a stain upon the pages of the world's history. At first he seems to have scarcely regarded his arrest seriously, but as a mis- take, incidental to the disturbed condition of the time, that would be speedily corrected. He believed that he would soon be restored to his family, and was particu- larly solicitous, not about his own fate, but that, during his brief absence from home, the work on the farm should be properly attended to. In the first letter he wrote to his wife, after his arrest, dated from the Carroll Prison, he does not speak of any personal discomfort or apprehension, but advises her to "try and get some one to plant our crop," "hire hands at the prices they de- mand," "urge them on all you can and make them work," 14 THE LIFE OF DR. SAMUEL A. MUDD and expresses the hope that his absence may be of short duration. This letter is clearly that of an innocent man, conscious of his innocence, and believing in his early and complete vindication. His hopes, however, were not to be realized. "The frenzy of madness that ruled the hour," referred to by the eminent advocate for the defense, and himself a dis- tinguished Union soldier, decreed otherwise. He was declared guilty by the military tribunal, and was ulti- mately sentenced to be confined for life in Fort Jeffer son, on the Dry Tortugas Island, than which no more desolate place of imprisonment could have been found within the limits of the then United States, or where his banishment from his family would have been more com- plete. It seems clearly to have been the purpose of the Federal authorities to place him beyond the reach of the processes of the civil courts. Now is shown forth the nobility of his character. He bears his misfortunes, as is testified by the distinguished attorney who defended him, with "Christian fortitude." He is conscious of his innocence," knows his punishment to be unjust, yet believes that justice will ultimately triumph. Hope was still active and alluring. His anxiety was something apparently apart from himself and his personal interests and welfare, but existed solely on account of his wife and children. In his letter, writ- ten on shipboard when he was being carried to the place where he was to endure the severest privations as a prisoner, probably for life, he tells his wife "not to give up hope — take care of the little ones." All through his letters there breathes the spirit of true Christian heroism. His faith in the goodness and wisdom of a Supreme Power seems never to have been shaken. True, as time passed on and the rigors of his imprisonment were in- tensified rather than relaxed, and he realized more acutely the hardships of his unjust punishment, he THE LIFE OF DR. SAMUEL A. MTJDD 15 showed occasionally a tendency toward misanthropy. He came to doubt both the gratitude and justice of man, but never appears to have doubted the goodness of God. In a letter written on Christmas Day, 1865, to his wife, he says: "What have I done to bring so much trouble upon myself and family? The answer from my inmost heart — nothing. I am consoled to know that the greatest saints were the most persecuted and the greatest suffer- ers, although far be it from classing myself with those chosen friends of God. * * * I have endeavored to the best of my ability to lead as spotless and sinless a life as in my power." Again, on January 1, 1866, he writes to his wife: "I can stand anything but the thought of your dependent position; the ills and privations conse- quent pierce my heart as a dagger." As time passed on and he was again and again disap- pointed in his hopes of an early release, his desire to again be with his family becomes more intense, until it seems to dominate his every thought. In one of his letters to his wife he says: "I have but one desire, namely: to be with you, and to see our dear little chil- dren properly trained and educated." One will there- fore hesitate to blame him, when the harshness and in- justice of his imprisonment are considered, for making an effort to escape. This he did in the latter part of the year 1865, although he had positively declared in the earlier months of his incarceration, his purpose not to try to escape, as any effort on his part to do so might seem to indicate a consciousness of guilt. The effort, how- ever, when made was abortive, and resulted in his being subjected to greater hardship of treatment in his im- prisonment than he had hitherto endured. He stated, after his release from prison, that he had intended to escape and reach some point where the writ of habeas corpus was in force and available and then surrender himself to the authorities, in order that the writ might 16 THE LIFE OF DR. SAMUEL A. MUDD be invoked in his behalf and the legality of his trial and sentence by the military court tested. After his unsuccessful effort to escape he seems to have been subjected to cruelties almost beyond the power of human endurance. Yet we find him, during the visi- tation of the dreaded yellow fever to the island, ready and willing to sacrifice his life for the relief of his perse- cutors. Rarely has there been shown in the life of any man greater heroism and self-abnegation than that shown by Dr. Mudd in his course while the fever pre- vailed among the soldiers who held him in captivity. To minister to them as he did was an exhibition of mag- nanimity and self-sacrifice worthy of the highest praise that can be ascribed to human conduct. Yet he was to show that he had reached a loftier plane of human ex- cellence than that evidenced by his mere ministrations to the stricken yellow fever sufferers. He had through months of wearying, harassing imprisonment, longed to get beyond his prison walls. The time came when nearly every man of the garrison was helpless from fever, when he could have left the island, with no man to hinder him. Yet hear what he says : "By the hand of Providence my fetters have been broken, yet I run not, preferring to share the fate of those around me and to lend what aid in my power to breaking down the burning fever, overcoming the agonizing delirium, and giving all the hope and encouragement possible to the death- stricken victims of the pestilence." In this quotation from a letter to his brother-in-law, dated October I, 1867, and intended not for public perusal, Dr. Mudd's charac- ter stands forth as a living exemplification of the loftiest Christian charity. When we find that only a little time had elapsed after he had written this letter, as he states in a letter dated December 7, 1867, he was still in chains, under rigorous guard and required to do menial labor, can any one censure him for indulging in some harshness THE LIFE OF DR. SAMUEL A. MUDD 17 of expression concerning those responsible for his mis- fortunes ? Nor can one deny to his wife the highest measure of praise for her noble, womanly conduct during all the trying ordeals through which she was required to pass. Her trials will never be known save to herself and the God in whom she unfalteringly trusted. We are given some idea of the depth of her suffering, of the laceration of her woman's heart, in her letter of January 28, 1866, to President Johnson. In "Rachel mourning for her children and would not be comforted," no lower note of human anguish is sounded than that touched in the heart of this wife and mother, as shown in this appeal for jus- tice to her husband and the father of her little children. Few can read this letter without emotion ; none can read it without a measure of profound sympathy, and a yet larger measure of admiration, for the faithful woman who wrote it. Through all the period of her husband's incarceration, with resources exhausted in his defense, dependent for the maintenance of herself and her children on the product of a farm for the tilling of which it was almost impossible to procure labor, with anxieties almost in- numerable pressing upon her, she bravely struggled on, persistently striving to secure her husband's release, and writing cheering words to him, bidding him hope. To women such as she, for their example alone, the world owes a debt of gratitude not easily cancelled. In conclusion — just forty-one years have elapsed since the death of President Lincoln ; the sectional bitterness engendered by the civil war has passed away ; we have in truth a reunited country; North and South alike honor the name of Lincoln. Has not the time arrived to fully vindicate the name of Dr. Samuel A. Mudd, who was so cruelly and unjustly called upon to suffer — and 18 THE LIFE OF DR. SAMUEL A. MUDD to remove from that name even the faintest shadow of doubt that may exist regarding his complicity in the great crime committed in Ford's Theater/ in Washing- ton, forty-one years ago ? D. EivDridge; Monroe. Baltimore;, April 14, 1906. INTRODUCTION Abraham Lincoln, President of the United States, while attending a play in Ford's Theater in Washington, on the evening of the fourteenth of April, 1865, was fa- tally shot by John Wilkes Booth. In jumping from the box in the theater, occupied by the President, and in which the infamous act was committed, to the stage, Booth fractured a bone in his leg. He nevertheless es- caped through a rear entrance to the theater, and mount- ing a horse, which he had provided should be kept in readiness, escaped by way of the bridge across the East- ern Branch of the Potomac River, into southern Mary- land. With his features disguised, and in company with David E. Herold, he reached the residence of Doctor Samuel A. Mudd, in Charles County, thirty miles south of Washington, about 4 o'clock on the morning after the assassination. Dr. Mudd set the broken bone in Booth's leg. As will appear by the following chapters neither Dr. Mudd nor any member of his family knew of Booth's identity. Both he and Herold gave assumed names. They left about 2 o'clock of the same day, and ultimately succeeded in crossing the Potomac into Virginia. They were discovered in a barn on the farm of a man named Garrett, near Port Royal, Virginia, on the morning of Wednesday, April 26, 1865. United States officers and soldiers surrounded the building. Herold surrendered. Booth refused to surrender. The barn was then set on fire. Booth approached the door of the barn, as the flames surrounded him, and was shot and killed by Sergeant Corbett. In addition to David E. Herold, George A. Atzerodt, Mrs. Mary E. Surratt, Lewis Payne, Samuel Arnold, Michael O'Loughlin, Edward Spangler, and Dr. Samuel 20 THE LIFE OF DR. SAMUEL A. MUDD A. Mudd were subsequently arrested charged with com- plicity in the crime of assassinating- the President, "and the attempted assassination of the Honorable William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington." By an order issued by President Johnson, dated May i, 1865, the Adjutant-General was "directed to detail nine competent military officers to serve as a Commission for the trial of the accused." It was strenu- ously contended, by many of the most eminent lawyers of the country, that the civil courts alone had jurisdiction to try the accused, and that their trial by the Military Com- mission was illegal. The following officers were detailed on the Commis- sion : Maj.-Gen. David Hunter, U. S. V.; Maj.-Gen. Lew Wallace, U. S. V.; Brevet Maj.-Gen. August V. Kautz, U. S. V.; Brig.-Gen. Alvin P. Howe, U. S. V. ; Brig.-Gen. Robert S. Foster, U. S. V. ; Brevet Brig.-Gen. James A. Ekin, U. S. V. ; Brig.-Gen. T. M. Harris, U. S. V. ; Brevet Col. C. H. Tompkins, U. S. V. ; Lient.-Col. David R. Clendenin, Eighth Illinois Cavalry. Brig.-Gen. Joseph Holt was Judge-Advocate and Recorder of the Commission, assisted by Judge- Advocates Burnett and Bingham. The Commission held its sittings in a room in the old Arsenal Building, in Washington. The Commis- sion met May 9, 1865, but adjourned to the 10th, to en- able the accused to employ counsel. The trial began on the latter date, and ended on the 30th day of June, 1865, when the Commission announced its decision. Mrs. Mary E. Surratt, David E. Herold, George A. Atzerodt, and Lewis Payne were declared to be guilty, and sentenced to be executed July 7, 1865, between the hours of 10 o'clock a. m. and 2 o'clock p. m. Dr. Samuel A. Mudd, Samuel Arnold, and Michael O'Lough- lin were declared to be guilty, and were sentenced to be confined for life, at hard labor, in the penitentiary at Al- THE LIFE OF DR. SAMUEL A. MUDD 21 bany, New York. Edward Spangler was declared to be guilty, in a lesser degree, and sentenced to be confined in the penitentiary at Albany, at hard labor, for a term of six years. The penitentiary sentences were subsequently modified, by changing the place of imprisonment from Albany to Fort Jefferson, on the Dry Tortugas Island, Florida. President Johnson approved the findings of the Commission on the 5th day of July, 1865. On the 7th day of July, 1865, Mrs - Surratt, Herold, Atzerodt and Payne were executed by hanging. Strenu- ous efforts were made to save the life of Mrs. Surratt, but without avail. A writ of habeas corpus was issued in her behalf, by Judge Wylie of the Supreme Bench of the District of Columbia, on the application of her legal ad- visers, returnable at ten o'clock on the morning set for her execution. The military authorities, however, re- fused to surrender her. The story of the imprisonment of Dr. Mudd, and incidentally that of Arnold, Spangler, and O'Loughlin, is told in the following chapters. Much in- formation in relation to the incidents connected with, and growing out of, the assassination of President Lincoln, and not heretofore published, is also given. THE LIFE OF DR. SAMUEL A. MUDD CHAPTER I MY FATHER'S BIRTHPLACE AND CHILDHOOD SCHOOL- DAYS, COLLEGE AND HOME LIFE Dr. Samuel Alexander Mudd, known in his- tory as one of the "Lincoln conspirators/' was born on a large plantation in Charles County, Maryland, nearly equidistant five miles be- tween the villages of Waldorf and Bryantown, fifteen miles from the county seat, La Plata, and twenty-five miles from Washington. His father, Henry Low Mudd, was a wealthy planter and slave owner. His estate, for more than a mile, extended along the "Old Mill Swamp," gradually rising on the east side of a stream known as the Sakiah. The surface of the land increased in elevation from the "Swamp" until, with a steep upward sweep, it ascends to a high hill, sloping toward the north and south, the summit crowned with locusts and wide-spreading oaks; from these it de- rived the name it bears, "Oak Hill." On the top of the hill was built the old home- stead. In architecture it was not different from other houses in the vicinity. Wide, old- fashioned halls and spacious rooms, substan- tially furnished, formed a comfortable abode and place of entertainment for the family and 24 THE LIFE OF DR. SAMUEL A. MUDD visiting guests. At the north wing of the house was the schoolroom, where many les- sons were learned, perhaps many childish tears were shed, and many airy castles were built never to be realized. Above this was the home chapel. Bed chambers occupied the remainder of the second floor. Viewed from the nearest point in the valley, it presented in appearance a large structure without any architecturally definite shape. Outside it looked well enough. It seemed to the eye roomy and hospitable. A large lawn, sloping to the public road, was dotted with shrubbery, which contrasted prettily with the white background formed by the painted weatherboarding of the house. Here on December 20, 1833, was born Dr. Samuel A. Mudd, who in after years was des- tined to involuntarily play so conspicuous a part in one of the most important events in the nation's history. Amid these rural scenes he passed his infancy and childhood. Even from his earliest years, he was always thoughtful of others, always distinguished for his gentleness and kindness. When attending the public school, which he began to do when a little boy of seven -years of age, such was his uniform courtesy and consideration for others that the companions of his early childhood remained his friends for life. After a year or two in the public school, his father secured a governess for the instruction of his children, and he then continued his Abraham Lincoln FACING P«.GE 24 THE LIFE OP DR. SAMUEL A. MUDD 25 studies at home with his sisters. Here under the tuition of Miss Peterson, the governess, he made rapid progress in his studies. At the age of about fourteen years he entered St. John's College, in Frederick City, Maryland, where he spent two years. He then entered George- town College, in the District of Columbia, where he completed his collegiate course. He was particularly interested in the study of lan- guages and became proficient in Greek, Latin, and French ; and was also a musician of recog- nized ability, performing with skill on the vio- lin, piano, flute and other instruments. After leaving Georgetown College he studied medi- cine and surgery in the University of Mary- land, Baltimore, where he graduated in March, 1856. During his last year at the University he practiced in the hospital attached to that institution, and in recognition of his services received from the faculty a complimentary cer- tificate of merit at the time he received his diploma. Again, his college life ended, we find him in his old home, amid the friends and scenes of his childhood. Here on his father's estate may have been seen more than a hundred slaves, who made the evenings merry with song, and with banjo and violin accompaniment. Scat- tered over various sections of the farm may also have been seen the "quarters" of these humble colored folk, who were always treated with the kindest consideration by their mas- ter and mistress, and who would say of these 26 THE LIFE OF DR. SAMUEL A. MUDD white friends, after they had passed from earth, "God bless my old Marse and Miss; I hope dey is in heaven." Here my father began his public life as a practicing physician; always keeping his old friends by his loyalty and uprightness, and continuously adding to the list some new ones. It is not too much to say, nor should it be charged to filial partiality, that to know him was in truth to love him. He was the friend of the needy, the consoler and comforter of those in distress and trouble. He never paused to consider whether those needing his ministrations could or could not remunerate him. He gave freely of his best to all alike. About eighteen months after he established himself in practice he married Miss Sarah Frances Dyer, whom he always in after years, as will appear by his letters, addressed as "Frank," his schoolmate and childhood's love, having been engaged to her four years. At the time they became engaged she had just graduated from the Visitation Convent, Fred- erick City, Maryland. Cardinal Bodeni, the lirst delegate sent to the church by the Pope of Rome, conferred on her the graduating honors. It may be of some interest to the young people of this day to learn how so important a matter as the matrimonial engagement was arranged at that time. There is perhaps little variation between the method of engagement at that time and that of the present. My mother, after my earnest solicitation to learn more of this THE IilFE OF DR. SAMUEL A. MUDD 27 important event, at last consented to say, "There was nothing romantic in our little love affair. I was only seventeen and, Sam eighteen years of age, so it was impossible to think of getting married just then. When Sam asked me, 'Frank, are you going to marry me?' I answered, 'Yes, when you have graduated in medicine, established a practice for yourself, and I have had my fun out, then I'll marry you. You need not get jealous; I vow I will never marry any one else.' " This seems to have settled matters, and on the 26th of November, 1857, they were married in her home, which was only a few miles distant from where my father then lived. During the two years fol- lowing they resided at the home where they were married, with her elder brother, Mr. Jere Dyer, who was a bachelor, and whose name appears frequently in the succeeding chapters. After this they moved into their own home, which my mother still occupies. From this to the time of the Civil War life moved on smoothly, she being busy with her household duties and the care of her little ones, and he being fully occupied in attending to his prac- tice and to the farm. While Maryland never seceded from the Union, the war brought much distress and sor- row to many homes and hearts within her bor- ders. Her people, especially in the southern part of the State, where the number of slaves was large, were subjected to many of the in- conveniences and hardships suffered by the 28 THE LIFE OF DR. SAMUEL A. MUDD people in the States of the Confederacy. The negroes, very soon after the war commenced, became imbued with the idea of freedom, and as this idea gained stronger hold in their minds their efficiency as servants diminished. When President Lincoln issued the Emancipation Proclamation on January 1, 1863, declaring the freedom of the slaves in the States that had seceded, the moral effect on the negroes in Maryland was such that they were of little value to their owners. Their demoralization as laborers was almost complete. Subse- quently, when slavery was abolished in the State by constitutional provision, they almost uniformly refused to work for their former owners, even for highly remunerative wages. Of course, in my father's home, there were ex- perienced these conditions. He had to pay twice the value of their services to the emanci- pated colored people in order to make even a partial crop, or to retain them as servants about his dwelling. This was the state of affairs on my father's farm at the time Booth fired the fatal shot, in Ford's Theater, by which the life of the Presi- dent was destroyed. The fact that these con- ditions did exist made it much harder for my father to bear his imprisonment. He was de- voted to his family. He knew that my mother would find it to be almost impossible to obtain labor to cultivate the farm. He was at all times, during his long imprisonment, bur- dened, indeed almost tortured, by the fear that she and the children might come to want. CHAPTER II MY MOTHER'S STATEMENT The following very full statement was writ- ten by my mother: The first time I ever saw John Wilkes Booth was in November, 1864. My husband went to Bryantown Church, and was introduced to Booth by John Thompson, an old friend from Baltimore, who asked my husband if he knew of any one who had a good riding-horse for sale; to which he replied, "My next neighbor has one." After this they made arrange- ments for Booth to come up to our home that evening to see about buying this horse. There was company in the house and supper was just over, when my hus- band came in and asked me to prepare for a stranger. My husband came in with the stranger and made the necessary introductions. The conversation was on general topics. Nothing relative to the Administra- tion or the war was spoken of by any one present. After supper, Booth joined the visitors and remained in general conversation until bedtime, which was about 9.30 o'clock. I did not see Booth again until at the breakfast table the next morning. After breakfast the horses were ordered, Booth tied his at the gate, and my husband threw the bridle rein of his horse over his arm and walked along with Booth across the field to Squire George Gardiner's. Booth soon returned, came in and got his overcoat which he had thrown over the back of a chair in the parlor, said good-by, and rode away. The horse he purchased was sent to him at Bryantown that even- 30 THE LIFE OF DR. SAMUEL A. MUDD ing. After he had gone I went to the parlor to put things in order. Lying on the floor by the chair that had held his overcoat was a letter, not enclosed in an envelope, that had fallen from his pocket. I picked it up and almost involuntarily glanced at the headlines. These lines convinced me that some poor man's home had been wrecked by the handsome face and wily ways of Booth. The letter was from New York ; but I did not look at the name of the writer, and I do not know to this day who she was. I laid it on the table, hoping to be able to find some means of returning it to him. As he never returned, I subsequently threw it in the fire. About 4 a. m. on the 15th of April, 1865, I heard a rap on the door, and as my husband was not feeling well he asked me if I would not go and see who it was. I replied, "I would rather you would go and see for yourself." He arose and went to the door in his night clothes. I heard some one talking in the hall, and footsteps as they passed into the parlor. My husband returned and told me there was a man out there with his leg broken. He asked me to tear some strips for bandages. I did so. Afterward I heard my husband and a third man assisting the injured man up-stairs. The Doctor returned, and went to bed himself. At 6 o'clock I arose, called the servants to get breakfast, and at 7 waked my husband. He sent a servant to tell the man who called himself "Tyson" (and who afterward proved to be Herold) to come to breakfast. I then prepared breakfast for the sick man, put it on a tray, and sent it to his room by a servant; told her to place it on the table by his bed and come down. Tyson and my husband then came to the table, and while at breakfast Tyson asked the Doctor if he knew many persons in the lower part of the county near the river. To which he replied in the negative. Tyson THE LIFE OF DR. SA1MUEL A. MUDD 31 spoke of a good many families that he knew. The Doctor knew some of the parties spoken of, others he did not know. This led me to ask Tyson, "Are you a resident of the county?" He replied, "No, ma'am, but I have been frolicking around for five or six months." He looked so boyish that I remarked, "All play and no work makes Jack a bad boy. Your father ought to make you go to work." He answered me, "My father is dead, and I am ahead of the old lady." At this time he seemed not to have a care in the world. Turning to my husband he asked the distance to the river. The Doctor replied, "About eighteen or twenty miles." Tyson then remarked, "We are on our way to the river; which is the nearest road we could take?" There was a road leading across the Sakiah which my husband usually took in attending to his practice, and as it was the shortest way, told him of it. Afterward I saw the Doctor standing in the back yard pointing across the swamp. Tyson then came into the house and went up-stairs, I presume to sleep. I heard no more from either of the strangers till dinner. When the doctor returned to dinner Tyson came down, and I sent the servant up to the sick man's room with his dinner. The servant re- turned and brought down the dinner and breakfast dishes, and I found he had not eaten anything during the day. At dinner Tyson asked the Doctor if he thought he could procure a carriage in the neighborhood to carry his friend away. My husband replied, "I am going to Bryantown to get the mail and see some sick, and if you will ride along with me to the village, perhaps you can get a carriage there." As they were leaving the house I asked my husband if I could go up and see the sick man. "Yes, certainly you can," he replied. As he had taken nothing to eat during the day, I took up 32 THE LIFE OF DR. SAMUEL A. MIDD to his room some cake, a couple of oranges, and some wine on a tray. I placed the tray on the table by the bed, asked him how he was feeling and if I could do anything for him. His reply was, "My back hurts me dreadfully. I must have hurt it when the horse fell and broke my leg." I asked him if he would take the cake and wine; he refused. He then wished to know if the Doctor had any brandy. I told him no, but that he had some good whiskey, and offered to get him some, but he declined. I remarked, "I guess you think I have very little hospitality ; you have been sick all day and I have not been up to see you ;" and again asked if I could do anything for him, to which he did not reply — his face being all the time turned to the wall. I then left the room. I went down to the kitchen, where the servants were preparing for the "Easter Sunday dinner." After a short while Tyson rapped from the outside on the kitchen window. I went to the front door, opened it, and asked if he succeeded in procuring a carriage. He replied, "No, ma'am; we stopped over at the Doctor's father's and asked for his carriage, but to- morrow being Easter Sunday, his family had to go to church, and he could not spare it. I then rode some distance down the road with the Doctor, and then concluded to return and try the horses." He went up-stairs. I heard them moving around the room and in a short time they came down, the man calling himself Tyler (who afterward proved to be Booth) hobbling on a stick which our old gardener, Mr. John Best, an Englishman, had sent up to him at the request of Tyson. When they came down I was standing in the hall at the foot of the stairs. Tyler wore heavy whiskers; these proved to be false, and became partially detached as he came down the stairs. So much of his face as could be seen presented a THE LIFE OF DR. SAMUEL A. MUDD 33 picture of agony. I told Tyson if he must go to do so, but to please leave his friend here, we would take care of him, although the discovery of the false whiskers aroused my suspicions. Tyson's reply was, "If he suffers much we won't go far. I will take him to my lady-love's, not far from here." They passed out of the door. Tyson helped Tyler to get on his horse, then mounted his own horse and they rode away. I did not see either of them after this. About an hour afterward my husband returned and told me of the assassination of the President, and that there were soldiers in Bryantown looking for the assassin. A short while after this he remarked, "Frank, those men were suspicious characters. I will go to Bryantown and tell the officers." I agreed with him as to the suspicious character of the men, and told him about the false whiskers, but begged him not to go — I was afraid to remain in the house without him ; and as the next day was Sunday, asked him to send word to the soldiers from church, which he did, Dr. George D. Mudd, of Bryantown, being the messenger. He heard no further from them, and on Monday went to see his sick patients. Tuesday he did the same thing, going out in the morning and returning about twelve o'clock. In the afternoon Dr. George Mudd came to the house with some soldiers and asked a description of the two men. My husband, in my presence, gave them all the in- formation he could. They then left and returned on Friday, when there was another conversation in the hall. My husband told them there was a boot, which he had cut from the man's leg, found in the room after he left, and went up-stairs to get it. The ser- vant while cleaning the room had thrown it under the bed. My husband did not find the boot, and I sent 3 34 THE LIFE OF DR. SAMUEL A. MUDD Martha, the housegirl, to get it for him. He brought down the boot, and gave it to the officer in command, who took it and examined it. On the inside was written, "J. Wilkes ." One of them said, "A part of the name has been effaced" ; so I asked if I could see it. The officer held it in his hand while I looked at it. Then I remarked, "No, that is only a dash, there was no other name there.' , When they left they required my husband to go with them to Bryantown. I do not know what happened at Bryantown, but that night my husband came home, and was requested to return the next morning, which he did. Again he returned in the evening. The next day, being Sunday, he went to church. On Monday an officer with three soldiers came to our house. They had two colored men from the farm of the Doctor's father, who were riding two horses also taken from his father's place. Then they called for two hired hands on our farm, made them get horses from the stable ; one of them saddled the Doctor's horse, and then they all left for Washington. When the officer saw how grieved I was (I am sorry I do not know his name, for he showed some heart and feeling), he returned to the house and said to me, "Do not grieve and fret that way, I'll see that your husband soon returns to you" ; but it was four long years before he saw his home. About a week after his departure from home I re- ceived the following brief note from him : "Carroll Prison, April 29, 1865, "My clearest Frank: "I am very well. Hope you and the children are enjoying a like blessing. Try and get some one to plant our crop. It is very uncertain what time I shall be released from here. Hire hands at the prices they THE LIFE OF DR. SAMUEL A. MUDD 35 demand. Urge them on all you can and make them work. "I am truly in hopes my stay here will be short, when I can return again to your fond embrace and our little children." A few days later a company of soldiers were stationed on our farm. They burned the fences, de- stroyed the wheat and tobacco crops; pulled the boards off the corn-house, so that the corn fell out on the ground, and all the corn that the horses could not eat was trampled under their hoofs in such a way as to render it unfit for use. The meat-house was broken open and the meat taken out. All that they could not eat was left scattered on the hillside where they had pitched their camps. A day or so after their arrival my husband's sister came over to see me. She wanted some garden seeds, and asked me to go down with her to the old gardener, Mr. John Best, to get them for her. When we went out no soldiers were in sight. We carried a basket, and the old man tied up some seeds in packages, put them in the basket, and then asked us to go to see his garden. A few moments after we entered the garden we were sur- rounded by soldiers. One officer came over and de- manded to know what we had in the basket. The little packages of seeds were unwrapped, the contents examined. With a crest-fallen look he remarked, "I thought you were carrying food to Booth." A couple of days after this a negro regiment from Popes Creek came up the Sakiah Swamp in search of Booth. When they were opposite the house they turned and entered the valley leading up the hill at the back of the house. They passed around the house, which was guarded by two young men, left by William P. Wood, keeper of the old Capitol Prison in 36 THE LIFE OF DR. SAMUEL A. MUDD Washington. These young men were instructed to shoot any one who dared to enter the yard. The negro regiment did not stop to search the house or its surroundings. Mr. Wood and two other detectives had their headquarters in the house, and went out during the day in search of Booth, returning at night. One night Mr. Wood did not return, and the officers in command of the troops on the farm placed a guard around the house and forbade any one leaving or entering the house. I was alone with four little chil- dren and a colored woman. Some of the soldiers came around the house and began talking impudently to the colored woman. I called her in, locked the door, and drew down the curtains, not knowing whether I would be dead or alive the next morning. I lighted the lamp in the dining-room, put the children to bed, and with the colored woman sat there till two o'clock in the morn- ing. At this time I heard a rap at the door, and a familiar voice call me. It was a cousin of mine, Sylvester Mudd, who had risked his life by coming within the lines, knowing I was alone. I could not have been more glad to see an angel from heaven than I was to see him. The next day the information came that Booth and Herold had been captured. The bugle was sounded, the roll called, and the soldiers left on their march to Washington. For a little while there was a lull in the storm. My husband, previous to his trial, was placed in the old Carroll Prison in Washington with the others, none of whom he had ever seen before except Herold; and the only time he had ever seen him was when he came to our house with Booth on the morning after the as- sassination of the President. I engaged General Ewing to defend my husband. He was not only a lawyer of ability, but had distin- THE LIFF OF \m. HAMVKTi A. MUDD 37 guished himself for bravery in the Union army dur- ing the war. In this case he proved himself not only a lawyer of merit, but a true friend during my hus- band's trial and imprisonment. Whenever he saw the least shadow of hope, he would write me nice friendly and cheering letters, which I sometimes think must have kept me from despair. During the trial, which commenced on May io, 1865, the Doctor's friends and myself were shocked and surprised at the base and false testimony permit- ted to be given against him. Daniel Thomas, one of the leading witnesses for the prosecution, was an out- cast from his home. His brother swore he would not believe him on his oath. Years afterward he was arrested and convicted on the charge of the commis- sion of pension frauds, and died in the penitentiary. His reason for giving the false evidence was to secure a part of the large reward offered by the Government for the capture and conviction of Booth and those thought to be his accomplices. Norton, Evans, a number of the negroes, and several others, also swore notoriously false. With all this false testimony his life was spared, but he was sentenced to a life imprisonment on a lonely, dreary island in mid-ocean. Several times during the trial I had occasion to go to Washington. On more than one of these occasions, while I was at General Ewing's office, I met Mrs. Browning, wife of Secre- tary of Interior Browning, a member of President Johnson's Cabinet. One day she told me that her husband and herself took breakfast at a restaurant in Washington, where General Lew Wallace, a member of the Military Commission that condemned my hus- band, also breakfasted. In the course of the conversa- tion she had with General Wallace at the breakfast table he remarked, "If Booth had not broken his leg, 38 THE LIFE OF DR. SAMUEL A. MUDD we would never have heard the name of Dr. Mudd." Mrs. Browning- said to him, "Why don't you then send Dr. Mudd home to his wife and children?" General Wallace then replied, "The deed is done; somebody must suffer for it, and he may as well suffer as any- body else." In order to be perfectly fair, my daughter wrote to Mrs. Wallace as to the correctness of this statement, and received the following note in reply : "Crawfordsville, Inch, September 18, 1905. "Dear Miss Mudd : "Mrs. Wallace says she has no remembrance of hearing- General Wallace say anything about Dr. Mudd that was like the sentence you quote. "Truly yours, "H. Wallace, "Secretary/' A few days after my return from Washington, after the date of this conversation with Mrs. Browning, I saw an ambulance drive up to the house. Lieutenant Baker and Daniel Thomas got out of it and came in. Lieutenant Baker said, "Mrs. Mudd, we came to take you to Washington. I presume you know Daniel Thomas." I replied in the presence of both, "Knowing Mr. Thomas as I do, and not knowing you, I must look upon you as a gentleman ; and if I must go to Wash- ington, it will be under your protection and not that of Daniel Thomas." I then told Lieutenant Baker that my brother, Jere Dyer, would visit my home, from Baltimore, that evening, and that I would go to Washington the next day with my brother if that would be satisfactory. He replied, "I will trust you." They then left. That evening my brother came, and the next day° we took the stage for Washington, there being no THE LIFE OF DR. SAMUEL A. MUDD 39 railroad in this portion of the State at that time. When the stage arrived at Capitol Hill, Washington, I heard the clanking of swords, and an officer came up to the stage and asked if Mrs. Mudd was there. My brother answered, "Yes." The officer then called a carriage, and my brother and myself were driven to General Baker's office. In a few moments after our arrival there, the General, who was a brother of the lieutenant who came with Thomas to my home, entered the room and spoke to both of us, then left, I presume to consult with some one else. When he returned he told me to go to a hotel and send the hotel bill to him. I asked him if I could not go to the home of my cousin, Mr. Alexander Clark. To which he replied, "Yes, but return here to-morrow morning at ten o'clock." The next morning, at the hour mentioned, I went to General Baker's office, and was not kept waiting many minutes before he came in. I told him if there was any information I could give him, please to let me get through as soon as possible, as I had left four little children at home, and no responsible person to take care of them. Without asking me a question he re- marked, "Mrs. Mudd, stay over till two o'clock, and if I do not send for you, you can go home." No messenger came, and my brother hired a carriage and brought me home. CHAPTER III CONTINUATION OF MY MOTHER'S STATEMENT; ALSO SWORN STATEMENT OF MY FATHER, DR. SAMUEL A. MUDD I only saw my husband once after he was taken from home, and that was after his trial. I went to Washington, procured a pass from the War Depart- ment, and went to the old Arsenal. This was the day before the hanging of Mrs. Surratt, Herold, Atzerodt, and Payne. The workmen were then building, in the yard below, the scaffold on which they were to be hung. General Dana sent a messenger up to the second floor with me, and in a few moments my hus- band was brought from a eel). He was in his shirt sleeves and wore a pair of carpet slippers without socks. He said one of the guards told him who was to be hung, and what his sentence was. There were several guards in the room where we were. I noticed that his ankle was sore, and I asked if it was caused by the chains he had to wear. He paused a few moments, then answered, hesitatingly, as though afraid to say otherwise, in presence of the guards, "No." As I was leaving the Arsenal I met a poor girl who was weeping bitterly, and was told it was Anna Surratt, who had returned from the White House, where she went to plead for the life of her mother, but had been refused admittance to the Presi- dent. I came home, and only a few days later read in the papers that Spangler, Arnold, O'Laughlin and my husband were on their way to the Dry Tortugas. Two days after this I received a letter from the Doctor, Mrs. Samuel A. Mudd FACING PAGE 40 THE LIFE OP DR. SAMUEL A. MXJDD 41 which was written on board the ship and mailed at Charleston, where a short stop was made. In this let- ter he asked me not to give up hope; to take care of the little ones and at some future day he would be at home with us. This seemed to give me courage, and I began to work with renewed efforts to try to secure his release. About the 2d of August I went to Washington to see Secretary of War Stanton, and asked him if I could not send my husband money and clothes to make him comfortable. He gazed at me in silence for a few moments, then said, "As long as Dr. Mudd is in prison the Government will furnish him with what it thinks necessary for him to have, and he can have no communication whatsoever with the outside world." I turned my back and walked out, not even saying good morning. In a short while I received the fol- lowing letter from Secretary Stanton, written by E. D. Townsend, Assistant Adjutant-General: "War Department, "Adjutant-General's Office, "Washington, Sept. 30, 1865. "Mrs. Dr. Mudd, "Bryantown, Charles County, Md. "Madam: Your application of the 2d of August to know if you would be allowed to communicate with your husband, Dr. Mudd, and if so by what means, and whether you are at liberty to send to him clothing and articles of comfort and money, from home, has been considered by the Secretary of War. "Dr. Mudd will be permitted to receive communica- tions from you, if enclosed, unsealed, to the Adjutant- General of the Army at Washington. The Govern- ment provides suitable clothing and all necessary sub- 42 THE LIFE OF DR. SAMUEL A. MUDD sistence in such cases, and neither clothing nor money will be allowed to be furnished him. "I am, Madam, very respectfully "Your obedient servant, "E. D. Townsend, "Assistant Adjutant General." The following is a sworn statement written by my husband while he was a prisoner in Fort Jefferson, and which he was not permitted by the authorities to have published. He sent it to me in a letter about the 1st of October, 1865. This statement was made to correct erroneous statements, which had appeared in the pub- lic press, allegedly quoting my husband. August 28, 1865. 1st. That I confessed to having known Booth while in my house; was afraid to give information of the fact, fearing to endanger my life, or made use of any language in that connection — I positively and em- phatically declare to be notoriously talse. 2d. That I was satisfied and willingly acquiesced in the wisdom and decision of the Military Commission who tried me, is again notoriously erroneous and false. On the contrary I charged it (the Commission) with irregularity, injustice, usurpation, and illegality. I confess to being animated at the time but have no recollection of having apologized. 3d. I did confess to a casual or accidental meeting with Booth in front of one of the hotels on Pennsyl- vania avenue, Washington, D. C, on the 23d of De- cember, 1864, and not on the 15th of January, 1865, as testified to by Weichman. Booth, on that occasion, desired me to give him an introduction to Surratt, from whom he said he wished to obtain a knowledge of the country around Washington, in order to be able THE LIFE OF DR. SAMUEL A. MUDD 43 to select a good locality for a country residence. He had the number, street, and name of John Surratt, written on a card, saying, to comply with his request would not detain me over five minutes. (At the time I was not aware that Surratt was a resident of Wash- ington.) I declined at first, stating I was with a rela- tive and friend from the country and was expecting some friends over from Baltimore, who intended go- ing down with me to spend Christmas, and was by appointment expected to be at the Pennsylvania House by a certain hour — eight o'clock. We started down one street, and then up another, and had not gone far before we met Surratt and Weichman. Introductions took place, and we turned back in the direction of the hotel. Arriving there, Booth insisted on our going to his room and taking something to drink with him, which I declined for reasons above mentioned; but finding that Weichman and Surratt were disposed to accept — I yielded, remarking, I could not remain many minutes. After arriving in the room, I took the first opportunity presented to apologize to Surratt for having introduced to him Booth — a man I knew so little concerning. This conversation took place in the passage in front of the room and was not over three minutes in duration. Whilst Surratt and myself were in the hall, Booth and Weichman were sitting on the sofa in a corner of the room looking over some Congressional documents. Surratt and myself returned and resumed our former seats (after taking drinks ordered), around a center table, which stood midway the room and distant seven or eight feet from Booth and Weichman. Booth remarked that he had been down in the country a few days be- fore, and said he had not yet recovered from the fa- tigue. Afterward he said he had been down in Charles County, and had made me an offer for the purchase 44 THE LIFE OF DR. SAMUEL A. MUDD of my land, which I confirmed by an affirmative an- swer ; and he further remarked that on his way up he lost his way and rode several miles off the track. When he said this he left his seat and came over and took a seat immediately by Surratt; taking from his pocket an old letter, he began to draw lines, in order to ascertain from Surratt the location and description of the roads. I was a mere looker on. The conversa- tion that took place could be distinctly heard to any part of the room by any one paying attention. There was nothing secret to my knowledge that took place, with the exception of the conversation of Surratt and myself, which I have before mentioned. I had no secret conversation with Booth, nor with Booth and Surratt together, as testified to by Weichman. I never volunteered any statement of Booth having made me an offer for the purchase of my land, but made an affirmative response only to what Booth said in that connection. Booth's visit in November, 1864, to Charles County was for the purpose, as expressed by himself, to pur- chase land and horses ; he was inquisitive concerning the political sentiments of the people, inquiring about the contraband trade that existed between the North and South, and wished to be informed about the roads bordering on the Potomac, which I declined doing. He spoke of his being an actor and having two other brothers, who also were actors. He spoke of Junius Brutus as being a good Republican. He said they were largely engaged in the oil business, and gave me a lengthy description of the theory of oil and the process of boring, etc. He said he had a younger brother in California. These and many minor mat- ters spoken of caused me to suspect him to be a Gov- ernment detective and to advise Surratt regarding him. THE LIFE OF DR. SAMUEL A. MUDD 45 We were together in Booth's room about fifteen minutes, after which, at my invitation, they walked up to the Pennsylvania House, where the conversation that ensued between Weichman and myself as testified to by him is in the main correct — only that he, of the two, appeared the better Southern man, and under- took to give me facts from his office to substantiate his statements and opinions. This was but a short time after the defeat of Hood in Tennessee. The papers stated that over nine thousand prisoners had been taken, and that the whole of Hood's army was de- moralized and falling back, and there was every pros- pect of his whole army being either captured or de- stroyed. To this Weichman replied that only four thousand prisoners had been ordered to be provided for by the Commissary-General,, and that he was far from believing the defeat of Hood so disastrous. I spoke with sincerity, and said it was a blow from which the South never would be able to recover; and that the whole South then laid at the mercy of Sher- man. Weichman seemed, whilst on the stand, to be disposed to give what he believed a truthful statement. I am in hopes the above will refresh his memory, and he will do me the justice, though late, to correct his erroneous testimony. To recapitulate — I made use of no such statement as reported by the "Washington Correspondent of the Nczv York Times," only in the sense and meaning as testified to by Dr. George D. Mudd, and as either mis- understood or. misrepresented by Colonel Wells and others before the Commission. I never saw Mrs. Surratt in my life to my knowl- edge previous to the assassination, and then only through her veil. I never saw Arnold, O'Loughlin, Atzerodt, Payne alias Powel, or Spangler — or ever heard their names mentioned previous to the assassina- 46 THE LIFE OF DR. SAMUEL A. MUDD tion of the President. I never saw or heard of Booth after the 23d of December, 1864, until after the assas- sination, and then he was in disguise. I did not know Booth whilst in my house, nor did I know Herold ; neither of whom made himself known to me. And I further declare they did not make known to me their true destination before I left the house. They in- quired the way to many places and desired particularly to go to the Rev. Mr. Wilmer's. I gave a full description of the two parties (whom I represented as suspicious) to Lieutenant Lovett and three other officers, on the Tuesday after the assassina- tion. I gave a description of one horse — the other I never took any notice of, and do not know to this day the color or appearance. Neither Booth's nor Herold's name was mentioned in connection with the assassina- tion, nor was there any name mentioned on the Tues- day after the assassination, nor was there any name mentioned in connection with the assassination, nor was there any photograph exhibited of any one impli- cated in the infamous deed. I was merely called upon to give a description of the men and horses and the places they inquired. The evidence of the four detec- tives — Lovett, Gavacan, Lloyd, and Williams — con- flict (unintentionally) vitally on this point; they evi- dently prove and disprove the fact as they have done in every instance affecting my interest, or upon points in which my welfare was at issue. Some swore that the photograph of Booth was exhibited on Tuesday, which was false. I do not advert to the false testi- mony; it is evident to the reader, and bears the im- press of foul play and persecution somewhere — it may be owing to the thirst after the enormous reward of- fered by the Government, or a false idea for notoriety. Evans and Norton evidently swore falsely and per- jured themselves. Daniel I. Thomas was bought by THE LIFE OF DR. SAMUEL A. MUDD 47 the detectives — likewise the negroes who swore against me. The court certainly must have seen that a great deal of the testimony was false and incompetent — upon this I charge them with injustice, etc. Reverend Evans and Norton — I never saw nor heard their names in my life. I never knew, nor have I any knowledge whatsoever, of John Surratt ever visiting Richmond. I had not seen him previous to the 23d of December, 1864, for more than nine months. He was no visitor to my house. The detectives, Lovett, Gavacan, Lloyd, and Wil- liams, having failed to search my house or to make any inquiries whether the parties left anything behind on the Tuesday after the assassination, I myself did not think — consequently did not remind them. A day or two after their leaving, the boot that was cut from the injured man's leg by myself, was brought to our at- tention, and I resolved on sending it to the military authorities, but it escaped my memory and I was not reminded of its presence until the Friday after the as- sassination, when Lieutenant Lovett and the above parties, with a squad of cavalry, came again and asked for the razor the party shaved with. I was then re- minded immediately of the boot and, without hesita- tion, I told them of it and the circumstances. I had never examined the inside of boot leg, consequently knew nothing about a name which was there contained. As soon as I handed the boot to Lieutenant Lovett, they examined and discovered the name "J. Wilkes" ; they then handed me his photograph, and asked whether it bore any resemblance to the party, to which I said I would not be able to recognize that as the man (injured), but remarked that there was a resemblance about the eyes and hair. Herold's likeness was also handed me, and I could not see any resemblance, but I had described the horse upon which he rode, which, 48 THE LIFE OF DR. SAMUEL A. MUDD one of the detectives said, answered exactly to the one taken from one of the stables in Washington. From the above facts and circumstances I was en- abled to form a judgment, which I expressed without hesitation, and I said that I was convinced that the injured man was Booth, the same man who visited my house in November, 1864, and purchased a horse from my neighbor, George Gardiner. I said this because I thought my judgment in the matter was necessary to secure pursuit promptly of the assassins CHAPTER IV ARGUMENT OF GENERAL THOMAS EWING TO THE JUR- ISDICTION, BEFORE THE MILITARY COMMISSION, WHICH TRIED DR. SAMUEL A. MUDD ON THE CHARGE OF CONSPIRACY TO ASSASSINATE THE PRESIDENT AND OTHER CHIEF OFFICERS OF THE NATION. May it please the Court: The first great question that meets us at the threshold is — Do you, gentlemen, constitute a court, and have you jurisdiction, as a court, of the persons accused, and the crimes with which they are charged? If you have such jurisdic- tion, it must have been conferred by the Constitution, or some law consistent with it, and carrying out its provisions. i. The 5th article of the Constitution declares: "That the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish" ; and that "the judges of both Supreme and inferior courts shall hold their offices during good be- havior." Under this provision of the Constitution, none but courts ordained or established by Congress can exer- cise judicial power, and those courts must be com- posed of judges who hold their offices during good be- havior. They must be independent judges, free from the influence of Executive power. Congress has not "ordained and established" you a court, or authorized you to call these parties before you and sit upon their trial, and you are not "judges" who hold your offices during good behavior. You are, therefore, no court 4 50 THi: LIFE OF DR. SAMUEL A. MUDD under the Constitution, and have no jurisdiction in these cases, unless you obtain it from some other source, which overrules this constitutional provision. The President cannot confer judicial power upon you, for he has it not. The executive, not the judicial, power of the United States is vested in him. His man- date, no matter to what man or body of men addressed, to try, and, if convicted, to sentence to death a citizen, not of the naval or military forces of the United States, carries with it no authority which could be pleaded in justification of the sentence. It were no better than the simple mandate to take A, B, C, D, E, F, and G H, and put them to death. 2. The President, under the 5th amendment to the Constitution, may constitute courts pursuant to the Articles of War, but he cannot give them jurisdiction over citizens. This article provides that "no person shall be held to answer for a capital or otherwise in- famous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. The presentment or indictment of a grand jury is a thing unknown to and inconsistent with your commis- sion. You have nothing of the kind. Neither you nor the law officers who control your proceedings seem to have thought of any such thing. These defendants did not and do not belong to the "land or naval forces" of the United States — nor were they "militia, in time of war or public danger, in actual service." The Con- stitution, therefore, in the article above cited, expressly says: You shall not hold them to answer to any of the capital and infamous crimes with which they are charged. Is not a single, direct, constitutional prohibition, for- bidding you to take jurisdiction in these cases, suffi- THE LIFE OF DR. SAMUEL A. MUDD 51 cient ? If it be not, read the provision of the 3d section of the 3d article. It is as follows : "The trial of all crimes, except in cases of impeachment, shall be by jury." But lest this should not be enough, in their anxious care to provide against the abuses from which England had recently escaped and which were still fresh in the memories of men, — as the Star Chamber, the High Commission Courts, and their attendant enormities, — the framers of the Constitution further provided, in the 6th amendment, that, "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed." Now whence, and what, is the authority which over- rules these distinct constitutional prohibitions, and em- powers you to hold these citizens to answer, despite the mandates of the Constitution forbidding you? Congress has not attempted to grant to you the power; Congress could not grant it. A law to that effect, against the constitutional prohibition, would be merely void. Congress has authorized the suspension of the writ of habeas corpus, as the Constitution per- mits (Art. I, Sec. 99) ; but the Constitution does not thereby permit the military to try, nor has Congress attempted to deliver over to the military, for trial, judgment and execution, American citizens, not in the land or naval forces, or in the militia in actual service, when accused of crime. Congress and the President, the lawmaking power, were incompetent to do this, and have not attempted it. Whence, then, comes the dispensation with the constitutional prohibition? Where and whence is the affirmative grant of jurisdic- tion under which you propose to try, and, if convicted, pass sentence upon, these men, citizens of the United States — not soldiers, not militiamen, but citizens, en- UNIVERSITY OF III >NO» 52 THE LIFE OF DR. SAMUEL A. MUDD gaged in the ordinal y avocations of life? I am not per- mitted to know. Congress has not in any form at- tempted to violate or impair the Constitution. They have suspended the writ of habeas corpus; this goes to imprisonment — not trial, conviction, or punishment. This is the extreme limit to which the lawmaking power is permitted to go, and it is only in cases of strong necessity that this is permitted. Congress has repealed so much of the I02d section of the Act of September 24, 1789, as required that in all capital cases twelve petit jurors should be summoned from the county in which the offense was committed (Par. 221, Sec. 102, repealed July 16, 1862, page 1164, Sec. 22), but has preserved all other legal provisions made in aid of the Constitution to protect citizens from the oppression of the unregulated and unre- strained Executive power. The accused shall be tried upon an indictment or presentment of a grand jury. If two or more crimes of a like nature be charged, they must be set forth in separate counts. (Act of February 26, 1853, Sec. 117.) You may not compel an accused to answer to a loose story or accusa- tion of several crimes in one count. If the crime charged be treason, which this paper approaches more nearly than anything else, the accused shall have a copy of the indictment, and a list of the jury, and of all the witnesses to be produced on the trial for prov- ing the said indictment (mentioning the names and places of abode of such witnesses and jurors), deliv- ered unto him at least three entire days before he shall be tried for the same; and in other capital offenses shall have such copy of indictment and list of the jury two entire days at least before the trial. (Act of April 30, 1790, Sec. 24, p. 221.) Against this array of constitutional and legal pro- hibition and regulation, I know of nothing that can be THE LIFE OP DR. SAMUEL A. MUDD 53 adduced, except, perhaps, an Executive order author- izing, by direct mandate or by implication, the thing to be done which the Constitution forbids you to do. If you be proceeding in obedience to such Executive mandate, and if that give jurisdiction, still you pro- ceed in a form and manner which the Constitution and law expressly forbid. If my clients be charged with treason or murder (and I conjecture they are charged with murder at least), they must be proved to have been present, aiding in, or actually committing the overt act, or the alleged murder. For either of these the punishment or conviction is death. The Judge- Advocate has been unable, in the cases of Arnold and Mudd, to present any evidence remotely approaching that prescribed by the Constitution and the laws as the condition of conviction; and yet I am led to infer that he will claim a conviction of one or both of them on the proof presented. What is the profession, on this and on the other side of the Atlantic, to think of such administration of criminal jurisprudence? — for this, the first of our State trials, will be read with avidity everywhere. I ask the officers of the Government to think of this carefully nozu, lest two or three years hence they may not like to hear it named. But we may mistake the whole case as it presents itself to the mind of the Judge-Advocate. We are here as counsel for the accused, but are not allowed to know explicitly with what crime, defined by law, any one of them is charged, or what we are here to defend. No crime known to the law is legally charged in the paper which is here substituted for an indictment. In this paper three distinct crimes are strongly hinted at in a single charge, to each of which different rules of law and evidence are applicable and different penalties are attached ; and I had wished to know, so that I might shape the defense of my clients accordingly, for 54 THE LIFE OF DR. SAMUEL A. MUDD which alleged or intimated crime any one, or each or all of them, are to be tried. This information has been denied us. The Judge-Advocate puts these parties on trial, and refuses (in the most courteous terms) to advise their counsel on what law or authority he rests his claim to jurisdiction; of what crime he in- tends to convict each or any of the defendants; in what law the crimes are defined and their punishments prescribed; or on what proof, out of the wild jumble of testimony, he intends to rest his claim to convic- tions. But it has been said, and will perhaps be said again, in support of this jurisdiction, that the necessities of war justify it — and silent leges inter arma. So said the Roman orator when Rome had become a military despotism, and ceased forever to have liberty, and when she retained law only as the gift or by the per- mission of the ruling despot. "The law is silent amid arms." Yes, it is so in a conquered country, when the victorious general chooses to put the law to silence; for he is an autocrat, and may, if he choose, be a des- pot. But how extravagant is the pretense that a bold, and spirited, and patriotic people, because they rise in their majesty and send forth conquering armies to rescue the Republic, thereby forfeit all constitutional and legal protection of life, liberty, and property! Cases have often arisen, in which robber bands, whose vocation is piracy on the high seas, or promiscu- ous robbery and murder on land — hastes humani gen- eris — may be lawfully put to the sword without quar- ter, in battle, or hung on the yard-arm, or otherwise put to death, when captured, according to the necessi- ties of the case, without trial or other conviction, ex- cept the knowledge of the commanding general that they were taken flagrante hello, and that they are pirates or land robbers. A military court may be THE LIFE OF DR. SAMUEL A. MUDD 55 called, but it is advisory merely; the general acts, con- demns, and executes. But the Constitution of the United States has nothing- to do with this. It does not protect pirates or marauders, who are enemies of the human race; or spies, or even enemies taken in battle. It protects, not belligerent enemies, but only citizens and those persons not citizens who in civil life seek and claim its protection, or aliens who are engaged in its military or other service. The power of the command- ing general over these classes is restrained only by the usages of war among civilized nations. But these de- fendants are not charged as spies or pirates, or armed and organized marauders, or enemies captured in war, or persons in the land or naval service of the United States. They belong to none of these classes, over whom military discretion or martial law extends, un- less they extend over and embrace all the people of the United States. But if the jurisdiction in this case exists, whether by law or by the power of arms, I regret that a military commission should be charged with the trial of these causes. The crimes are, as far as hinted at and writ- ten about in the charge and specifications, all cogniza- ble in our civil courts. Those courts are open, unob- structed, without a single impediment to the full and perfect administration of justice — ready and prompt, as they always are, to perform the high duties which the well-known principles of law under the Consti- tution devolve on them. What good reason can be given in a case like this, to a people jealous of their rights, for a resort here and now to military trials and military executions? We are at the advent of a new, and I trust a successful, Administration. A taint such as this — namely, the needless violation of the constitu- tional rights of the citizen — ought not to be permitted to attach to and infect it. The jurisdiction of this 56 THE LIFE OF DR. SAMUEL A. MUDD Commission has to be sought dehors the Constitution, and against its express prohibition. It is, therefore, at least of doubtful validity. If that jurisdiction does not exist; if the doubt be resolved against it by our judicial tribunals when the law shall again speak, the form of trial by this unauthorized Commission cannot be pleaded in justification of the seizure of property or the arrest of person, much less the infliction of the death penalty. In that event, however fully the recorded evidence may sustain your findings, however moderate may seem your sentences, however favorable to the accused your rulings on the evidence, your sentence will be held in law no better than the rulings of Judge Lynch's courts in the administration of lynch law. When the party now in power falls, — as in the vicissi- tudes of this it must one day fall, and all the sooner for a reckless use of its present power, — so it will be viewed by that party which succeeds it. This is to be expected, and, indeed, hoped; but if, unfortunately, this proceeding be then accepted and recorded as a precedent, we may have fastened on us a military despotism. If we concede that the exercise of juris- diction claimed is now necessary, and for the best pos- sible object, before we consent that it stand as a prece- dent in our jurisprudence, we should recall to mind the statesmanlike and almost prophetic remarks of Julius Caesar, in the Roman Senate, on the trial of Lentulus and his accomplices in Catiline's conspiracy: "Abuses often grow from precedents good in principle; but when the power falls into the hands of men less en- lightened or less honest, a just and reasonable prece- dent receives an application contrary to justice and reason." It is to be remembered that criminal trials involving capital punishment were not then within the competency of the Roman Senate; and neither the Consul nor the Senate, nor both of them, had the right THE LIFE OF DR. SAMUEL A. MUDD 57 to condemn a Roman citizen without the concurrence of the people. If you believe you possess the power of life and death over the citizens of the United States in States where the regular tribunals can be safely appealed to, still, for the sake of our common country and its cher- ished institutions, do not press that power too far. Our judicial tribunals, at some future day, I have no doubt, will be again in the full exercise of their consti- tutional powers, and may think, as a large proportion of the legal profession now think, that your jurisdic- tion in these cases is an unwarranted assumption; and they may treat the judgment which you pronounce and the sentence you cause to be executed as your own unauthorized acts. This assumption of jurisdiction, or this use of a legitimate jurisdiction, not created by law and not known to law or to legal men, has not for its sanction even the plea of necessity. It may be convenient. Con- viction may be easier and more certain in this military commission than in our constitutional courts. Inexperienced as most of you are in judicial investi- gations, you can admit evidence which the courts would reject, and reject what they would admit, and you may convict and sentence on evidence which those courts would hold to be wholly insufficient. Means, too, may be resorted to by detectives, acting under promise or hope of reward, and operating on the fears or the cupidity of witnesses, to obtain and introduce evidence which cannot be detected and exposed in this military trial, but could be readily in the free, but guarded, course of investigation before our regular judicial tribunals. The Judge-Advocate, with whom chiefly rests the fate of these citizens, is learned in the law, but from his position he cannot be an impartial judge, unless he be more than man. He is the prose- 58 THE LIFE OF DR. SAMUEL A. MUDD cutor in the most extended sense of the word. As in duty bound, before this Court was called, he received the reports of detectives, pre-examined the witnesses, prepared and officially signed the charges, and as prin- cipal counsel for the Government, controlled on the trial the presentation, admission, and rejection of evi- dence. In our courts of law, a lawyer who has heard his client's story, if transferred from the bar to the bench, may not sit in the trial of the cause, lest the ermine be sullied through the partiality of counsel. There is no mere theoretical objection — for the union of prosecutor and judge works practical injustice to the accused. The Judge-Advocate controls the admis- sion and rejection of evidence — knows what will aid and what will injure the case of the prosecution, and inclines favorably to the one and unfavorably to the other. The defense is met with a bias of feeling and opinion on the part of the judge who controls the pro- ceedings of the court, and on whom, in great measure, the fate of the accused depends, which morals and law alike reject. Let it not be supposed I censure or reflect on any one, for I do not. The wrong suffered by the parties accused has its root in the vice of this system of trial, which I have endeavored to expose. Because our Chief, so venerated and beloved (and no one venerated and loved him more than I), has fallen by the hand of a ruthless assassin, it ought not to follow that the Constitution and law should be vio- lated in punishing men suspected of having compassed his death, or that men not legally found guilty should be sacrificed in vengeance as victims generally because of the crime. There may be a lurking feeling among men which tends to this harshness of retribution, re- gardless of the innocence of those on whom vengeance may fall. Tending to this feeling, exciting or minis- tering to it, was the two days' testimony which, with- THE LIFE OP DR. SAMUEL A. MUDD 59 out other apparent point or purpose, detailed the horrors of the Libby Prison; and the evidence that, in 1861, one of my clients took part in the rebellion; and the further testimony (which we showed was utterly fabulous) that another of my clients, in 1863 or 1864, entertained rebel officers or soldiers and corresponded with rebels in Richmond. As if to say: "What matters it how we try, or whether we legally try at all, pro- vided we convict and execute men who have been asso- ciated with, or in sympathy with, monsters such as those?" Homer makes Achilles immolate, at the funeral pyre of Patroclus, twelve Trojan captives, sim- ply because they were Trojans, and because Patroclus had fallen by a Trojan hand. If that principle of judi- cial action be adopted here, it were surely not too much to sacrifice to the manes of one so beloved and hon- ored as our late Chief Magistrate a little lot of rebel sympathizers, because, like the assassin, some of them, at some time, participated in the rebellion, or gave aid and comfort to rebels. If this course of reasoning do not develop the object of that strange testimony, I know not how to read it. Indeed, a position taken by the learned Assistant Judge-Advocate, in discussing my objection to the part of that evidence which re- lates to my clients, goes to this — and even beyond it — namely, that participation in the rebellion was partici- pation in the assassination, and that the rebellion itself formed part o^ the conspiracy for which these men are on trial here. CHAPTER V ARGUMENT OF GENERAL EWING ON THE LAW AND THE EVIDENCE IN THE CASE OF DR. SAMUEL A. MUDD May it please the Court: If it be determined to take jurisdiction here it then becomes a question vitally im- portant to some of these parties — a question of life and death — whether you will punish only offenses created and declared by law, or whether you will make and declare the past acts of the accused to be crimes, which acts the law never heretofore declared criminal; at- tach to them the penalty of death, or such penalty as may seem meet to you ; adapt the evidence to the crime and the crime to the evidence, and thus convict arid punish. This, I greatly fear, may be the purpose, es- pecially since the Judge-Advocate said, in reply to my inquiries, that he would expect to convict "under the common law of war." This is a term unknown to our language — a quiddity — wholly undefined and incapa- ble of definition. It is, in short, just what the Judge- Advocate chooses to make of it. It may create a ficti- tious crime, and attach to it arbitrary and extreme pun- ishment, and who shall gainsay it ? The laws of war — namely, our Articles of War — and the habitual prac- tice and mode of proceeding under them, are familiar to us all ; but I know nothing, and never heard or read of a common law of war, as a code or system under which military courts or commissions in this country can take and exercise jurisdiction not given them by express legal enactment or constitutional grant. But I still hope the law is to govern, and if it does, I feel that my clients are still safe. I will now proceed to show you, that on the part of Geiveral Thomas Ewjng FACING PAGE 60 THE LIFE OF DR. SAMUEL A. MUDD 61 one of my clients — Dr. Mudd — no crime known to the law, and for which it is pretended to prosecute, can possibly have been committed. Though not distinctly informed as to the offense for which the Judge-Advo- cate claims conviction, I am safe in saying, that the testimony does not point to treason, and if he is being tried for treason, the proceedings for that crime are widely departed from. The prosecution appears to have been instituted and conducted under the procla- mation of the Secretary of War, of April 20, 1865. This makes it a crime, punishable with death, to har- bor or screen Booth, Atzerodt, or Herold, or to aid or to assist them to escape. It makes it a crime to do a particular act, and punishes that crime with death. I suppose we must take this proclamation as law. Per- haps it is part of what the Judge-Advocate means when he speaks of the "common law of war." If this be so, my clients are still safe, if we be allowed to con- strue it as laws are construed by courts of justice. But I will show, first, that Dr. Mudd is not, and can- not possibly be, guilty of any offense known to the law. 1. Not of treason. — The overt act attempted to be alleged is the murder of the President. The proof is conclusive, that at the time the tragedy was enacted Dr. Mudd was at his residence in the country, thirty miles from the place of the crime. Those who com- mitted it are shown to have acted for themselves, not as the instruments of Dr. Mudd. He, therefore, can- not be charged, according to law and upon the evi- dence, with the commission of this overt act. There are not two witnesses to prove that he did commit it, but abundant evidence to show negatively that he did not. Chief Justice Marshall, in delivering an opinion of the Court in Burr's case, says : "Those only who per- form a part, and who are leagued in the conspiracy, 62 THE LIFE OF DR. SAMUEL A. MUDD are declared to be traitors. To complete the definition both circumstances must concur. They must "perform a part" which will furnish the overt act, and they must be leagued with the conspiracy." (4 Cr., 474.) Now, as to Dr. Mudd, there is no particle of evi- dence tending to show that he was ever leagued with traitors in their treason ; that he had ever, by himself, or by adhering to, and in connection with others, levied war against the United States. It is contended that he joined in compassing the death of the President ("the King's death"). Foster, p. 149, speaking of the treason of compassing the king's death, says : "From what has been said it followeth, that in every indict- ment for this species of treason, and indeed for levying war and adhering to the king's enemies, an overt act must be alleged and proved." The only overt act laid in these charges against Mudd is the act of assassination, at which it is claimed he was constructively present and participating. His presence, and participation, or procurement, must be proved by two witnesses, if the charge be treason ; and such presence, participation, or procurement, be the overt act. Chief Justice Marshall, in Burr's case (Dall., 500), says : "Collateral points, say the books, may be proved according to the course of the common law; but is this a collateral point? Is the fact, without which the accused does not participate in the guilt of the assemblage, if they were guilty (or in any way in the guilty act of others), a collateral point? This can- not be. The presence of the party, when presence is necessary, being part of the overt act, must be posi- tively proved by two witnesses. No presumptive evi- dence, no facts from which presence may be conjec- tured or inferred, will satisfy the Constitution and the law. If procurement take the place of presence, and THE LIFE OF DR. SAMUEL A. MUDD 63 become part of the overt act, then no presumptive evi- dence, no facts from which the procurement may be conjectured or inferred, can satisfy the Constitution and the law. The mind is not to be led to the conclu- sion that the individual was present by a train of con- jectures or inferences, or of reasoning. The fact itself must be proved by two ivitnesscs, and must have been committed within the district." 2. Not of murder. — For the law is clear, that, in cases of treason, presence at the commission of the overt act is governed by the same principle as construc- tive presence in ordinary felonies, and has no other latitude, greater or less, except that in proof of treason two witnesses are necessary to the overt act, and one only in murder and other felonies. "A person is not constructively present at an overt act of treason, un- less he be aiding and abetting at the fact, or ready to do so, if necessary." (4 Cr., 492.) Persons not suf- ficiently near to give assistance are not principals. And although an act be committed in pursuance of a pre- vious concerted plan, those who are not present, or so near as to be able to afford aid and assistance, at the time when the offense is committed, are not principals, but accessories before the fact. (Wharton, Am. Crim. Law, 112 to 127.) It is, therefore, perfectly clear, upon the law as en- acted by the Legislature and expounded by jurists, that Dr. Mudd is not guilty of participating in the murder of the President; that he was not actually or constructively present when the horrid deed was done, either as a traitor, chargeable with it as an overt act, or a conspirator, connected as a principal felon there- with. 3. The only other crimes defined by law for the al- leged commission, of which the Judge- Advocate may, by possibility, claim the conviction of the accused, are : 64 THE LIFE OP DR. SAMUEL A. MUDD ist. The crime of treasonable conspiracy, which is de- fined by the law of 21st July, 1861, and made punish- able by fine not exceeding $6,000, and imprisonment not exceeding six years. 2nd. The crime of being an accessory before, or after, the fact to the crimes of murder, and of assault with intent to kill. That the accused is not guilty of either of these crimes, will be clearly shown in the discussion of the evidence which follows. 4. Admitting the Secretary's proclamation to the law, it, of course, either supersedes or defines the un- known something or nothing which the Judge-Advo- cate calls "the common law of war." If so, it is a defi- nite, existing thing, and I can defend my clients against it ; and it is easy to show that Dr. Mudd is not guilty of violating that proclamation. He did not, after the date of the proclamation, see either of the parties named therein — dress the wound of Booth, or point out the way to Herold — and the proclamation relates to future acts, not to past. 5. But of the common lazv of war, as distinct from the usages of military courts, in carrying out and exe- cuting the Articles of War, I know nothing, and, on examining the books, I find nothing. All that is writ- ten down in books of law or authority I am, or ought to be, prepared to meet; but it were idle and vain to search for and combat a mere phantom of the imagina- tion, without form and void. I now pass to the consideration of the evidence, which I think will fully satisfy the Court that Dr. Mudd is not guilty of treasonable conspiracy, or of be- ing an accomplice, before or after the fact in the felo- nies committed. The accused has been a practicing physician, resid- ing five miles north of Bryantown, in Charles County, Maryland, on a farm of about five hundred acres, THE LIFE OP DR. SAMUEL A. MUDD 65 given him by his father. His house is between twenty- seven and thirty miles from Washington, and four or five miles east of the road from Washington to Bryan- town. It is shown by Dr. George Mudd, John L. Tur- ner, John Waters, Joseph Waters, Thomas Davis, John McPherson, Lewellyn Gardiner, and other gen- tlemen of unimpeached and unquestionable loyalty, who are in full sympathy with the Government, that he is a man of most exemplary character — peaceable, kind, upright, and obedient to the laws. His family being slaveholders, he did not like the anti-slavery measures of the Government, but was always respectful and temperate in discussing them, freely took the oath of allegiance prescribed for voters (Dr. George Mudd), supported a Union candidate against Harris, the secession candidate, for Congress (T. L. Gardi- ner), and for more than a year past regarded the re- bellion a failure. (Dr. George Mudd.) He was never known or reported to have done an act or said a word in aid of the rebellion, or in countenance or support of the enemies of the Government. An effort was made, over all objections and in viola- tion, I respectfully submit, of the plainest rules of evi- dence, to blacken his character as a citizen, by showing that he was wont, after the war broke out, to threaten his slaves to send them to Richmond "to build batter- ies." But it will be seen hereafter, that all that part of the testimony of the same witnesses, which related to the presence of Surratt and of rebel officers at the house of the accused, was utterly false. And Dyer, in presence of whom Eglen says the threat was made to him, swears he was not in the country then, and no such threat was ever made in his presence. The other colored servants of the accused, Charles and Julia Bloyce, and Betty and Frank Washington, say they 5 66 THE LIFE OF DR. SAMUEL A. MUDD never heard of such threats having been made; and J. T. Mucld and Dr. George Mudd, and his colored ser- vants, Charles and Julia Bloyce, and Betty and Frank Washington, describe him as being remarkably easy, unexacting, and kind to all about him — slaves and freemen. From this brief reference to the evidence of the char- acter of the accused, I pass to a consideration of the testimony adduced to prove his connection with the conspiracy. And, first, as to his acquaintance with Booth. J. C. Thompson says, that early in November last Booth went to the house of witness's father-in-law, Dr. Wil- liam Queen, four or five miles south of Bryantown, and eight or ten from Dr. Mudd's, and presented a letter of introduction from a Mr. Martin, of Montreal, who said he wanted to see the country. It does not appear who Martin was. Booth said his business was to invest in land and to buy horses. He went with Dr. Queen's family to a church next day, in the neighbor- hood of Bryantown, and was there casually introduced, before service, by Thompson, to the accused. After service Booth returned to Queen's house, and stayed until next morning, when he left. While at Queen's he made inquiries of Thompson as to horses for sale, the price of lands, their qualities, the roads to Wash- ington, and to the landings on the Potomac; and Thompson told him that the father of Dr. Samuel Mudd was a large landholder, and might sell part of his land. On Monday morning, after leaving Dr. Queen's, Booth came by the house of the accused, who went with him to the house of George Gardiner, to look at some horses for sale. The accused lives about one quarter of a mile from Gardiner's (Mary Mudd, Thomas L. Gardiner), and on the most direct road to that place from Dr. Queen's, through Bryantown. THE LIFE OF DR. SAMUEL A. MUDD 67 (Mary Mudd, Hardy.) There Booth bought the one- eyed saddle-horse which he kept here, and which Payne rode after the attempted assassination of Mr. Seward. Mudd manifested no interest in the purchase, but after it was made Booth directed the horse to be sent to Montgomery's Hotel, in Bryantown, and Booth and the accused rode off together in the direction of the house of the accused, which was also the direction of Bryantown. Witness took the horse to Bryantown next morning, and delivered him in person to Booth there. Witness says the horse was bought on Mon- day, but he thinks the latter part of November ; though he says he is " one of the worst hands in the world to keep dates." Thompson further says, that after Booth's first in- troduction and visit to Dr. Queen's, " he came there again, and stayed all night, and left very early next morning. I think it was about the middle of Decem- ber following his first visit there." There is nothing whatever to show that Mudd saw Booth on this second visit, or at any other time, in the country, prior to the assassination ; but a great deal of evidence that he never was at Mudd's house, or in his immediate neighborhood, prior to the assassination, except once, and on his first visit. I will refer to the several items of testimony on this point. ist. Thomas L,. Gardiner says he was back and forth at Mudd's house, sometimes every day, and always two or three times a week, and never heard of Booth being there, or in the neighborhood, after the purchase of the horse and before the assassination. 2d. Mary Mudd says she saw Booth one Sunday in November at church, in Dr. Queen's pew, and with his family, and that she heard of his being at the house of her brother, the accused, on that visit, but did not hear that he stayed all night; and that on the 68 THE LIFE OF DR. SAMUEL A. MUDD same visit he bought the horse of Gardiner. She lives at her father's, on the farm adjoining that of accused, and was at his house two or three times a week, and saw him nearly every day on his visits to his mother, who was an invalid, and whose attending physician he was ; and never saw or heard of Booth, except on that one occasion, before the assassination. 3d. Fanny Mudd, sister of the accused, living with her father, testifies to the same effect. 4th. Charles Bloyce was at the house of the accused Saturday and Sunday of each week of last year until Christmas Eve (except six weeks in April and May), and never saw or heard of Booth's being there. 5th. Betty Washington (colored) lived there from Monday after Christmas until now, and never saw or heard of Booth there before the assassination. 6th. Thomas Davis lived there from 9th January last. Same as above. Nor is there any evidence what- ever of Booth's having stayed all night with the ac- cused on the visit when the horse was bought of Gar- diner, or at any other time, except that of Colonel Wells, who says that, after Mudd's arrest, "he said, in answer to another question, that he met Booth some time in November. I think he said he was introduced by Mr. Thompson, a son-in-law of Dr. Queen, to Booth. I think he said the introduction took place at the chapel or church on Sunday morning; that, after the introduction had passed between them, Thompson said, Booth wants to buy farming lands ; and they had some little conversation on the subject of lands; and then Booth asked the question, whether there were any desirable horses that could be bought in that neigh- borhood cheaply; that he mentioned the name of a neighbor of his who had some horses that were good travelers ; and that he remained zvith him that flight, I think, and next morning purchased one of those THE LIFE OF DR. SAMUEL A. MUDD 69 horses." Now, it will be recollected that Thompson says Booth stayed at Dr. Queen's on that visit Satur- day night and Sunday night, and Thomas L. Gardiner says the horse was bought Monday morning. So that, if Colonel Wells is correct in recollecting what Mudd said, then Thompson must be wrong. It is more prob- able that Thompson is right, as to Booth's having spent Sunday night at Queen's. Thompson's testi- mony is strengthened, too, by that of Mary Mudd, Fanny Mudd, and Charles Bloyce, who would in all probability, have heard the fact of Booth spending Sunday night at the house of the accused, had he done so ; but they did not hear it.* It is here to be observed, that though the accused was not permitted to show, by Booth's declarations here, that he was contemplating and negotiating pur- chases of land in Charles County, yet evidence was ad- mitted as to his declarations made there to that effect. Dr. Bowman, of Bryantown, says that Booth nego- tiated with him, on one of these visits, for the purchase of his farm, and also talked of buying horses. And a few days after witness had negotiated with Booth for the sale of his farm, he met Dr. Mudd, and spoke of the negotiation with Booth, and Mudd said, "Why, that fellow promised to buy my land." It is also shown by Dr. Blandford, Dr. Bowman, M. P. Gardiner, and Dyer, that Mudd for a year past wanted to sell his land, and quit farming. This, then, is all that is shown of any meeting be- tween Mudd and Booth in that country before the as- sassination — a casual introduction at church on Sun- day in November — Booth going next morning to Mudd's, talking of buying his farm, and riding with him a quarter of a mile to a neighbor's to buy a horse, *As shown by the statement of my mother, Booth did stay one night at my father's home in November, 1864. — Ed. 70 THE LIFE OF DR. SAMUEL A. MUDD and their going off together toward Mudd's and Bry- antown, where the horse was delivered to Booth next morning. We will now turn to consider the evidence as to the accused's acquaintance with John H. Surratt. If he knew Surratt at all, the fact is not shown by, nor in- ferable from, the evidence. Miss Surratt was edu- cated at Bryantown, before the war, and her family lived at Surrattsville, and kept the hotel there (which is on the road from Dr. Mudd's house to Washing- ton) until they removed, in October last, to a house on H street, in this city, where they have since resided. (Miss Surratt, Holahan, Weichmann.) Dr. Mudd probably had met Surratt at the hotel at Surrattsville, or, before the war, at Bryantown, while his sister was at school ; but it is not shown by credible testimony that he knew him at all. Let us examine the evidence on this point. ist. Mary Sims, formerly Dr. Mudd's slave, says that a man whom Dr. and Mrs. Mudd called Surratt was at Mudd's house from almost every Saturday night until Monday night through the latter part of the zvinter, and through the spring and summer of last year until apples and peaches were ripe, when she saw him no more; and that on the last of November she left Dr. Mudd's house. That he never slept in the house, but took dinner there six or seven times. That Andrew Givynn, Bennett Gzvynn, Captain Perry, Lieutenant Perry and Captain White, of Tennessee, slept with Surratt in the pines near the spring, on bed- clothes furnished from Dr. Mudd's house, and that they were supplied by witness and by Dr. Mudd with victuals from the house. That William Mudd, a neighbor, and Rachel Spencer, and Albin Brooke, members of Mudd's household, used to see Surratt there then. She says that the lieutenants and officers THE LIFE OP DR. SAMUEL A. MUDD 71 had epaulettes on their shoulders, gray breeches with yellow stripes, coat of same color and trimming. Their horses were kept in Dr. Mudd's stable by Milo Sims. 2d. Milo Sims, brother of Mary, fourteen years old, formerly slave of Dr. Mudd, left there Friday before last Christmas. Saw tzvo or three men there last sum- mer, who slept at the spring near Dr. Mudd's house. Bedding taken from the house; meals carried by Mary Sims, generally, though they sometimes ate in the house, and they all slept at the spring, except one called John Surratt, who slept once in the house. Don't say how long they stayed. It was in "planting tobacco time." He attended their horses in Dr. Mudd's stable. 3d. Rachel Spencer, slave of Dr. Mudd and cook at his house, left him early in January, 1865; saw five or six men around Dr. Mudd's house last summer; slept in the pines near the house, and were furnished with meals from it. Were dressed in black and blue. Were there only a week, and never saw them there before or since. She heard no names of the men ex- cept Andrezv Gwynn and Watt Bozvie. That Albin Brooke lived at Dr. Mudd's then, and was with these men occasionally. 4th. Elzee Eglen, formerly Dr. Mudd's slave, left him 20th August, 1863; saw a party sleeping in the pines, by the spring, near the house, summer before last. Knew Andrezv Gwynn, and he was one of them; did not recollect any other names. Mary Sims car- ried them meals, and Milo Sims attended the horses in Dr. Mudd's stable. Some wore gray clothes with brass buttons, but without other marks — some black clothes. Did not say how many there were, nor how long they stayed. 5th. Melvina Washington, formerly Dr. Mudd's 72 THE LIFE OF DR. SAMUEL A. MUDD slave, left him October, 1863, saw party sleeping in the pines near the house summer before last; victuals furnished from the house. Party stayed there about a week, and then left. Some were dressed in gray, and some in short jackets with little peaks behind, with black buttons. She saw them seven or eight times during one week, and then they all left, and she never saw any of them at any other time except during that week. That Andrew Gwynn 3 s name was the only one she heard ; that Mary Sims used to tell her, when the men were there, the names of others, but she had for- gotten them. That these five witnesses all refer to the same party of men and the same year is certain, from the fact that Elzee Eglen says that Mary Sims carried the party he describes as being there in the summer of 1863 their victuals, and that Milo Sims kept their horses in the stable, and Melvina Washington says Mary Sims used to tell her the names of the party which she described as being there in 1863 ; and also from the fact that all of them, except Milo Sims, named Andrew Gwynn as being one of the party. I will not waste the time of the Court in pointing out to it in detail the discrepancies in their evidence apparent from the foregoing synopsis of their testimony; and therefore, only calling its attention to the fact that all of these witnesses were living with Dr. Mudd during and after the year 1861 (Dyer), down to the several dates given above, when they respectively left, I will proceed to show from the evidence zvhat and when the occurrences really were about which they have testified. 1st. Ben Gwynn (named by Mary Sims as one of the party) says : "Q. Will you state whether during last summer, in THE LIFE OF DR. SAMUEL A. MUDD 73 company with Captain White, from Tennessee, Cap- tain Perry, Lieutenant Perry, Andrew Gywnn, and George Gwynn, or either of them, you were about Dr. Samuel A. Mudd's house for several days ? — A. I was not. I do not know any of the parties named, and I never heard of them, except Andrew Gwynn and George Gwynn. "Q. Were you with your brothers, Andrew Gwynn and George Gwynn, about Dr. Mudd's house last year? — A. No, sir; I have not been in Dr. Mudd's house since about the first of November, 1861. I have not been on his place, or nearer his place than church, since about the 6th of November, 1861. "Q. Where did you and the party who were with you near Dr. Mudd's sleep ? — A. We slept in the pines near the spring. "Q. How long were you there? — A. Four or five days. I left my neighborhood, and went down there and stayed around in the neighborhood — part of the time at his place, and part of the time elsewhere. He fed us there — gave us something to eat, and had some bed-clothing brought out of the house. That was all." He further said, that the party was composed of his brother, Andrew Gwynn, and Jere Dyer, who, on the breaking out of the war, were, like all the people of that section, panic-stricken, and apprehending arrest; that he came up to Washington on the 10th of Novem- ber, gave himself up, and found there were no charges against him, took the oath, and went back home. That John H. Surratt, when this party were there, was at college, and witness never saw him in Charles County then or since. That his brother, Andrew Gwynn, went South in the fall of 1861, and was never, to his knowl- edge, back in that county but once since, and that was last winter some time. He corrected his statement as 74 THE LIFE OF DR. SAMUEL A. MUDD to when the party was there, and fixed it in August, 1861. 2d. Jere Dyer, brother-in-law of the accused, testi- fies to the same as Ben. Gwynn. Says he and the two Gwynns were members of companies organized by authority of Governor Hicks for home protection in i860; were present on parade in Washington at the in- auguration of a statue, on the 226. of February, i860. When the war broke out the companies were disbanded, many of the members going South, and many of those who remained in Charles County scattering about from rumors of arrests; that there was a general panic in the county then, and almost everybody was leaving home and "dodging about" ; that while he and the two Gwynns slept in the pines these three or four days, Mary Sims carried them victuals from the house, and Milo Sims attended to the horses in Mudd's stables; that they were dressed in citizens' clothing; that Andrew Gwynn went South in the fall of 1 86 1 ; witness never heard of his being back since; that Surratt was not there then, nor, so far as he knows, since. 3d. William Mudd, a near neighbor of the accused, named by Mary Sims as having seen the party she described, says he saw Benjamin Gwynn there in 1861, but saw none of the others, then or since. 4th. Albin Brooke, referred to by Mary Sims and Rachel Spencer as having seen the party they describe (and by Mary Sims as having seen Surratt especially), says he knows Surratt, having met him in another county once, and knew Benjamin Gwynn and Andrew Gwynn, but that he never saw Surratt with any of the men named by Mary Sims at Dr. Mudd's, nor heard of his having ever been there ; never heard of Andrew Gwynn being back from Virginia since 1861. That he lived at Dr. Mudd's from the 1st of January to be- THE LIFE OF DR. SAMUEL A. MUDD 75 tween the ist and 15th of September of last year, and was at the stable morning, noon, and night, each day, and was about the spring daily ; while there never saw any strangers' horses in the stable, nor any signs about the spring of persons sleeping there; but that, while living near Dr. Mudd's, in the summer of 1861, he knew of Ben, and Andrew Gvvynn and Dyer sleep- ing in the pines there. 5th. Mrs. Mary Jane Sims boarded, or was a guest, at Dr. Mudd's all last year, except through March; knew Andrew, Ben, and George Gwynn, and John H. Surratt. Never saw or heard of any of them there, nor of any of them sleeping in the pines. 6th. Frank Washington (colored) lived at Dr. Mudd's all last year; knew Andrew Gwynn by sight; never saw or heard of him or Surratt (of whom a photograph was shown him), or of any of the men named by Mary Sims, being there, or of any men being there in uniform; at the stable three times daily, and often at the spring, and saw no strange horses in the stable ; saw no signs of men sleeping about the spring. 7th. Baptist Washington, carpenter, at work there putting up kitchen, etc., from February till Christmas last year, except the month of August ; same as above, except as to knowledge of Andrew Gwynn. (Photo- graph of Surratt shown him.) 8th. Charles Bloyce (colored), at Dr. Mudd's through every Saturday and Sunday all last year, ex- cept from 10th April to 20th May, same as Frank Washington, except as to knowing Andrew Gwynn. 9th. Julia Ann Bloyce (colored cook), there from early in July to 23d December, 1864; same, substan- tially, as Frank Washington; knew Ben and Andrew Gwynn. (Photograph of Surratt shown witness.) 10th. Emily Mudd and Fannie Mudd live on ad- joining farm to* Dr. Mudd, and his father's; at his 76 THE LIFE OF DR. SAMUEL A. MUDD house almost daily for years ; knew of the party in the pines in 1861, composed of Dyer and the two Gwynns; knew Andrew Gwynn well; never heard of his being back from Virginia since 1861, nor of Surratt ever being at Dr. Mudd's, nor of any of the others named by Mary Sims, except the Gwynns, in 1861. 11th. Henry L,. Mudd, Jr., brother of the accused, living at his father's ; same as above as to Surratt. None of the five witnesses, whose testimony has been shown false in all essential parts by the evidence of the twelve witnesses for defense, referred to above, said that Surratt was one of the party sleeping in the pines, except Mary and Milo Sims. These two wit- nesses are shown to have established reputations as liars, by the evidence of Charles Bloyce, Julia Ann Bloyce, and Frank, Baptist, and Betty Washington. So all that testimony for the prosecution, of the "in- telligent contrabands," who darkened the counsels of the Court in this case, is cleared away. The only part of it at all admissible under the rules of evidence, or entitled to the consideration of the Court, was that showing Surratt was intimate with Mudd, and often at his house last year and year before ; and that, like nearly all the rest of their testimony, has been con- clusively shown to be false. Another witness, who testifies to implicate Mudd as an associate of Surratt, is William A. Evans, who said he saw Mudd some time last winter enter a house on H street, just as Judson Jarboe, of Prince George's County, was going out of it; and that Jarboe was then shaking hands with a young lady, whom witness took to be a daughter of Mrs. Surratt, from her strik- ing likeness to her mother, he having known or seen all the family ; and that he stopped a policeman on the street, and asked whose house it was, and he said, "Mrs. Surratt's"; and that he drove up to the pave- THE LIFE OF DR. SAMUEL A. MUDD 77 ment, and asked also a lady who lived near by, and she said the same. He said this house was between Eighth and Ninth, or Ninth and Tenth — he was not perfectly certain as to the streets, but was certain it was between the Patent Office and the President's. Through an hour's cross-examination, he fought by equivocation, or pleading defect of memory, against fixing any circumstance by which I could learn directly or indirectly the day or the month when it occurred, and, finally, he could only say it was "some time last winter." Although his attention had been so strongly attracted to the house, he first said it was on one side of the street and then on the other ; and could not tell whether it had any porch or any portico, nor describe its color, nor whether it had a yard in front, nor whether it was near the center of the square, nor describe a single house on either side of the same square. He said he knew Dr. Samuel Mudd, having met him first at Bryantown Church, in December, 1850. Every material thing he did say, which was sus- ceptible of being shown false, has been so shown. 1st. Mrs. Surratt's house is not between the Patent Office and the President's, but next the corner of Sixth. (Weichmann, Holahan, Miss Surratt.) 2d. Miss Surratt, an only daughter, says she never saw or heard of Samuel Mudd being at her mother's house, nor heard his name mentioned in the family, and never met Judson Jarboe there or elsewhere before the assassination. 3d. Miss Fitzpatrick, who boarded at Mrs. Surratt's from the 6th of October last to the assassination, and Holahan, who was there from the first week of Febru- ary last, never saw either Mudd cr Jarboe there, or heard of either being there, or the name of either mentioned in the family. 78 THE LIFE OF DR. SAMUEL A. MUDD 4th. Weichmann, who boarded there through last winter, never heard of Mudd being at the house. 5th. Judson Jarboe says he never was at Mrs. Sur- ratt's house, or met Dr. Mudd or Miss Surratt in Washington before the assassination. 6th. Mary Mudd says Samuel Mudd was at Fred- erick College, at Fredericktown, Maryland, in Decem- ber, 1850, and was not at home during the collegiate year, beginning in September of that year ; and Rev. Dr. Stonestreet, who was president of that college until December of that year, testifies the accused was then entered as a student there, and could not by the rules of the college have gone home. This witness, Evans, boasted often to the Court that he was a minister of the Gospel, and reluctantly admitted on cross-examination that he was also one of the secret police. In his reckless zeal as a detective, he forgot the ninth commandment, and bore false wit- ness against his neighbor. It is to be hoped his testi- mony that he is a minister of the Gospel is as false as his material evidence. I feel bound in candor to admit, however, that his conduct on the stand gave an air of plausibility to one of his material statements — that for a month past he has "been on the verge of insanity." I have now presented and considered all the testi- mony going to show that Mudd ever met Surratt at all, and all that he ever met Booth before the assas- sination and after the first visit Booth made to Charles County — except the testimony of Weichmann, which I will now consider. That witness says that about the middle of January last he and Surratt were walking down Seventh street one night, and passed Booth and Mudd walking up the street, and just after they had passed, Mudd called, "Surratt, Surratt." Surratt turned and recognized Mudd as an old acquaintance, and introduced Mudd THE LIFE OP DR. SAMUEL A. MUDD 79 to witness, and then Mudcl introduced Booth to wit- ness and Surratt. That soon after the introduction Booth invited them all to his room at the National Ho- tel, where wine and cigars were ordered. That Dr. Mudd, after the wine and cigars came, called Booth into the passage, and they stayed there five to eight minutes, and then both came and called Surratt out, and all three stayed there about as long as Mudd and Surratt had stayed, both interviews together making about ten to twenty minutes. On returning to the room, Dr. Mudd seated himself by witness, and apologized for their private conversation, saying, "that Booth and he had some private business — that Booth wished to purchase his farm." And that, subse- quently, Booth also apologized to him, giving the same reason for the private conversation. Booth at one time took the back of an envelope, and made marks on it with a pencil. "I should not consider it writing, but more in the direction of roads or lines." The three were at that time seated round a center-table in the middle of the room. "The room was very large — half the size of this court-room." He was standing when this was done within eight feet of them, and Booth was talking in a low tone, and Surratt and Mudd looking on the paper, but witness heard no word of the conversation. About twenty minutes after the second return from the passage, and after a good deal of general conversation, they all walked round to the Pennsylvania House, where the accused sat with wit- ness on a lounge, and talked about the war, "expressed the opinion that the war would soon be over, and talked like a Union man." Soon after getting there, Booth bid the accused good night, and after Booth left, witness and Surratt followed, at about half-past ten o'clock. It will be observed that the only men spoken of by 80 THE LIFE OF DR. SAMUEL A. MUDD this witness as having seen the accused on this occa- sion are Booth who is dead, and Surratt, who is a fugitive from the country. So there is no one who can be called to confirm or confute his statements, as to the facts of these men being together, or as to the character of the interview. But there was one fact about which he said he could not be mistaken, and by means of which his evidence against Mudd is utterly overthrown. That is, he alleges the meeting was about the middle of January, and fixes the time with cer- tainty by three distinct circumstances : ist. He made a visit to Baltimore about the middle of January, and near the date of this meeting. 2d. He had, before the meeting, got a letter, which he received on the 16th of January. 3d. It was after the Congressional holidays, and Congress had resumed its session. He recollects this fact of itself, and is confirmed in his recollection by the fact that Booth's room was one a member of Congress had occupied before the holidays, and which was given Booth, as he learned, until the member, who had been delayed beyond the time of the reassembling of Con- gress, should return. Booth told him this. In refutation of this evidence, we have proved, be- yond all controversy, that Dr. Mudd was not in Wash- ington from the 23d of December to the 23d of March. On the 23d of December he came to Washington with J. T. Mudd, who says they left their horses at the Navy Yard, and went into the city at dark, on the street cars, and registered at the Pennsylvania House. They then went out and got supper at a restaurant, and then went to the Metropolitan Hotel and stayed there together a quarter of an hour, and then to the National, where witness met a friend, and became separated in the crowd from accused. Witness strolled out and went back to the Pennsylvania House, to THE LIFE OF DR. SAMUEL A. MUDD 81 which accused returned in a few minutes after he got there. He saw and heard no one with the accused, though there might have been persons with him in the front part of the room (which was separated from where witness sat by open folding doors) without wit- ness seeing them. Witness and accused then went to bed; were together all next day; were about the market together, and at the store making purchases; were not at the National Hotel, and left the city about one o'clock in the afternoon of the 24th, and returned home together. Witness never saw Booth, except on his visit to Bryantown in November. We have shown by the evidence of Lucas, Montgomery, Julia Bloyce, and Jerry Mudd that accused came here on that visit on a sufficient and legitimate business errand — to pur- chase a cooking-stove and other articles, which he bought here then. On the 23d of March, Lewellyn Gardiner said ac- cused again came to Washington with him to attend a sale of condemned horses, but that the sale did not occur at that time. They got to Washington at 4 or 5 p. m., left their horses at Martin's, beyond the Navy Yard, and went about looking at some wagons for sale, and went then to the Island to the house of Henry Clark, where they took tea. They spent the evening at Dr. Allen's playing whist, slept together that night at Clark's, and after breakfast next morning went through the Capitol looking at the paintings in the Rotunda, and returned to Martin's at dinner, and after dinner left and returned home. Accused was not separated from or out of sight of witness five minutes during the whole visit, and did not go to any of the hotels or to the post-office, or see or inquire for Booth. Dr. Allen, Clark, Martin, Thomas Davis, Mary Mudd, 6 82 THE LIFE OF DR. SAMUEL A. MUDD Henry Mucld, and Betty Washington confirm witness as to the objects or incidents of the visit. _ On the nth of April, three days before the assas- sination, while Booth, as appears by the hotel register, was at the National in this city, accused came to Gies- boro to attend the sale of Government horses, which he and Lewellyn Gardiner had come on the 23d of March to attend. Though in sight of Washington, he did not come into the city, but took dinner at Mar- tin's, and after dinner left and returned home. On this visit he stayed all night at Blandford's, twelve miles from the city, coming up, but not returning. (Lewellyn Gardiner, Henry L. Mudd, Dr. Blandford, Martin, Davis, Betty Washington, Mary Mudd.) On the 26th of January he went with his wife to the house of his neighbor, George H. Gardiner, to a party, and stayed till daylight. (Betty Washington, Thomas Davis, Mary Mudd.) Except for one night on the occasion of each of those four visits — two to Wash- ington, one to Giesboro, and one to Gardiner's — ac- cused was not absent from home a night from 23d December until his arrest. (Betty Washington, Thomas Davis, Henry L. Mudd, Mary Mudd, Frank Washington.) After the evidence for the defense above referred to had been introduced, refuting and completely over- whelming Weichmann's testimony and all inferences as to Dr. Mudd's complicity with Booth which might be drawn from it, a new accuser was introduced against him on the same point in the person of Marcus P. Norton, who said that at half-past 10 o'clock, on the morning of the 3d of March, as he was preparing his papers to go to the Supreme Court to argue a motion in a patent case there pending (which motion the record of the Court shows he did argue on that day), a stranger abruptly entered his room and as THE LIFE OF Bit. SAMUEL A. MUDD 83 abruptly retired, saying' he was looking for Mr. Booth's room ; and though witness never saw Dr. Mudd before or since, until the day of his testifying, he says that stranger is the prisoner at the bar. He could not tell any article of the stranger's clothing except a black hat. Wm. A. Evans, a part of whose evidence we have hereinbefore considered, comes to the support of Norton, by saying that early on the morning of either the ist, or 2d, or 3d of March (wit- ness is certain it was one of those three days) Dr. Mudd passed witness on the road from Bryantown to Washington, a few miles from the city, driving a two- horse rockaway, and there was a man in with him, but whether a black or a white man witness could not recollect. Fortunately for the accused, the ist day of March was Ash Wednesday — the first day of Lent, — a religious holiday of note and observance in the com- munity of Catholics among whom he lived. Fortu- nately for him, too, his sister Mary was taken ill on that day, and required his medical attendance (at her father's house, on the farm adjoining his own, thirty miles from Washington) each day from the 2d to the 7th of March, inclusive. By the aid of these two cir- cumstances we have been able to show by Thomas Davis that accused was at work at home on the 28th of February (the day before Ash Wednesday) ; by Dr. Blandford, Frank Washington, and Betty Washington, that he was there at work at home on the ist of March; by Mary, Fanny, Emily and Henry L. Mudd, Betty and Frank Washington, and Thomas Davis, that he was there on the 2d, 3d, 4th, and 5th of March, at various hours of each day. At or within two hours of the time when Norton says he saw the accused enter the room at the National (10.30 a. m., 3d of March), Mary, Emily, Fanny, and Henry L. Mudd, Frank and Betty Washington, Thomas and John Davis, all testify 84 THE LIFE OF PR, SAMUEL A. MTJDD most emphatically to having seen him at his house, on his farm, or at his father's house adjacent to his own — six hours' ride from Washington ! We have shown, too, by Mary Mudd, that the accused has always worn a lead-colored hat whenever she has seen him this year, and that she has seen him almost daily; and by Henry Mudd, Dr. Blandford, and Mary Mudd that neither lie nor his father owns a rockaway. Now, Norton either saw the accused enter his room on the morning of the 3d of March or not at all, for his evi- dence, clinched as to the date by the record of the Supreme Court, excludes the supposition that he could have been mistaken as to the day. Nor can these eight witnesses for the defense be mistaken as to the day, for the incidents by which they recollect Mucld's presence at home fix the time in their memories ex- actly. With all this evidence before the Court, it can- not hesitate to hold the alibi established beyond all cavil. The only other item of evidence as to anything done or said by Dr. Mudd, or by anybody, before the assas- sination, tending in the least to show him implicated in the conspiracy, is the evidence of Daniel I. Thomas, who says that several weeks before the assassination he met Mudd at the house of his neighbor, Downing, and there, in the course of conversation, Mudd said (laughingly) that "Lincoln and his whole Cabinet, and every Union man in the State of Maryland, would be killed within six weeks." Witness said he wrote to Colonel John C. Holland, provost marshal of that dis- trict, at Ellicott's Mills, before the assassination, ad- vising him of Mudd's statement. But Colonel Hol- land says he got a letter from witness about that time, and there was not a word of the statement in it, nor a reference to the accused, nor to any statement by anybody about killing anybody. Thomas says he told THE LIFE OF DR. SAMUEL, A. MUDD 85 his brother, Dr. Thomas, of the declaration before the President was killed, but his brother says emphatically he did not tell him until after Mudd's arrest — the boot found at Mudd's house having been named in the same conversation. Thomas says he told Mr. Downing about it before the assassination, but Downing says emphatically he did not tell him a word about it at any time. Downing also says that he himself was present every moment of the time Mudd and Thomas were together at his house, and heard every word said by either of them, and Mudd did not make that state- ment, nor refer to the President, or the Cabinet, or the Union men of Maryland, at all, nor say a word about anybody being killed. He says, however, Mudd, when Thomas was bragging and lying about being a provost marshal, did tell him "he was a jack" — which insult was doubtless an incentive to the invention of the calumny. But it was not the only incentive. Thomas knew that if that lie could be palmed off on the Judge- Advocate and the Court for truth, it might lead to Mudd's arrest and conviction as one of the con- spirators. He had, on Tuesday, before Mudd's arrest, and before his lie was coined and circulated, been post- ing hand-bills, containing the order of the War De- partment offering liberal rewards for any information leading to the arrest of Booth's accomplices, and he then, doubtless, conceived the idea of at once getting reward in money from the Government for his infor- mation, and revenge on Mudd for his insult in Down- ing's house. That he gave that evidence corruptly is shown by Wm. Watson, John R. Richardson, and Benjamin Naylor, who say that Thomas, after testify- ing against Mudd, went to see them, and said, that "if Dr. Mudd ivas convicted upon his testimony, he zvould then have given conclusive evidence that he gave the information that led to the detection of the conspira- 86 THE LIFE OF DR. SAMUEL A. MUDD tor!" "He then asked Mr. Benjamin J. Naylor if he did not mention to him and Gibbons, before the killing of the President, the language that Dr. Mudd had used. Mr. Naylor said that he had never done it, be- fore or after!" "He said his portion of the reward ought to be $10,000 — and asked me (Watson) if I would not, as the best loyal man in Prince George's County, give him a certificate of how much he ought to be entitled to" The testimony of Richards, and of EH J. Watson, coupled with Thomas's testimony in denial of these statements, fill the record of infamy of this false witness. To accumulate evidence that Thomas's statement is utterly unreliable, the defense brought over twenty of his neighbors, who testified that he could not be be- lieved on oath — among whom were Naylor, Robey, Richards, Orme, Joseph Waters, John Waters, J. F. Watson, Eli Watson, Smith, Baden, Dickens, Haw- kins, Monroe, and others, of undisputed loyalty, nearly all of whom had known him from boyhood. His brother, Dr. Thomas, testifies that he is at times de- ranged ; and Dr. Geo. Mudd says he is mentally and morally insane. And, although Thomas's evidence was the most important in the case against Dr. Mudd, the Judge-Advocate has not seriously attempted to sustain him — has not tried to show that he ever told or hinted at this story to anybody before the assas- sination — and has not asked one of the scores of wit- nesses for the prosecution in attendance from Thomas's neighborhood a question as to his reputation for veracity — except Wm. Watson, who said it was decidedly bad. A feeble attempt was made to sustain him by endeavoring to show that he was a zealous sup- porter of the Administration, and that, therefore, the general voice of his community was against him. But we showed he was a rebel at the beginning of the war, THE LIFE OP DR. SAMUEL A. MTJDD 87 and an opponent of the Administration at the last election — and then the Judge-Advocate dropped him. This is all the evidence of every act or word done or said by anybody, prior to the assassination, tending in the remotest degree to connect Mudd with the con- spiracy. It consists, in large part, of the testimony of the five negroes, as to the Confederate officers fre- quenting Mudd's house last year and the year before — two of them, Milo and Mary Sims, as to Surratt's visiting his house last year — of Evans as to Mudd's going to Surratt's house last winter — of Evans and Norton as to Mudd being here on the 3d of March — of Weichmann as to the interview between Mudd, Booth, and Surratt, about the middle of January — and of Thomas as to Mudd's prediction of the assassination in March. I venture to say that rarely in the annals of criminal trials has the life of an accused been as- sailed by such an array of false testimony as is ex- hibited in the evidence of these nine witnesses — and rarely has it been the good fortune of an innocent man, arraigned and on trial for his life, to so confute and overwhelm his accusers. I feel it would be a waste of time and an imputation on the intelligence of the Court to delay it with fuller discussion of the evidence of these witnesses — and feel sure it will cast their testi- mony from its deliberations, or recollect it only to re- flect how foully and mistakenly the accused has been assailed. Having now discussed all the evidence adduced that calls for discussion, or may by possibility be relied on as showing Mudd's acquaintance with Booth, or con- nection with the conspiracy, and having, I think, shown that there is no reliable evidence that he ever met Booth before the assassination but once on Sun- day, and once the day following, in November last, I will proceed to a consideration of the testimony relied 88 THE LIEE OF DR. SAMUEL A. MUDD on to show that he knowingly aided the escape of the assassin. ist. Why did Booth go to Dr. Mudd's and stop there from daybreak till near sundown on his flight? I answer, because he had a broken leg and needed a physician to set it. And as to the length of the stay, the wonder is he was able to ride off* on horse-back with his broken and swollen limb at all — not that he took ten hours' rest. The Court will observe, from the map in evidence, that Booth, taking Surrattsville in his route to Pope's Creek, opposite Matthias Point, where he crossed the Potomac (Captain Doherty), traveled at least eight or ten miles out of his way to go, after leaving Surrattsville, by Dr. Mudd's. (See Dyer's testimony.) Would he have gone that far out of his route to the Potomac crossing if he had not broken his leg ? Or was it part of his plan to break it ? Obviously, he could not in advance have planned to escape by crossing the Patuxent, nor to evade his pur- suers by lying concealed in Charles County, within six hours' ride of Washington. He must, as a sane man, have contemplated and planned escape across the Potomac into Virginia, and thence South or abroad; and it could never have been part either of the plan of abduction, or of that of assassination, to go the cir- cuitous route to a crossing of the Potomac by Bryan- town or Dr. Mudd's. So that the fact of Booth going to the house of the accused, and stopping to get his leg set and to rest, does not necessarily lead to any con- clusion unfavorable to the accused. Booth got there, with Herold, about daybreak. (Frank Washington.) He usually wore a mustache (see photograph), but he then wore heavy whiskers, and had his face muffled in a shawl, so as to disguise him. The disguise was kept up all day. (Colonel Wells.) He was taken to a lounge in the hall, and THE LIFE OF DR. SAMUEL A. MUDD 89 then to a front room up-stairs, where the broken bone was set, where a fee of $25 was paid for the service, and where, it is probable, he slept most of the day. They represented that the leg had been broken by a fall of the horse; that they had come from Bryantown, and were going to Parson Wilmer's. After breakfast accused went to his field to work. Herold, whom Mudd had never met (Colonel Wells), came down to breakfast and dinner with the family, and after dinner he and Mudd went off together to the house of Mudd's father, to get a family carriage to take the wounded man to the house of Parson Wilmer, five miles off, at Piney Chapel. (Lovett, Wells.) Now, can any man suppose for a moment that Mudd, at this time, had the slightest suspicion or intimation of the awful tragedy of the night before? Could he, knowing or suspecting the crime or the criminal, have thus recklessly given himself up to arrest and trial, by publicly aiding the escape of the assassin ? Could he have been ready to expose his old father to suspicion by thus borrowing his carriage, which would have been noticed by every man, woman, and child on the road, to carry off the assassin? Impossible! I need nothing more of the Court than its consideration of this fact, to clear the accused of all suspicion of having, up to that time, known or suspected that a crime had been committed by the crippled stranger, whom he was openly and kindly seeking to aid. But the carriage could not be got, and Mudd and Herold rode off toward Bryantown to get one there. Colonel Wells thinks the accused told him that Her- old turned back when getting one and a half miles from the elder Mudd's house, saying he could take his friend off on horseback. Betty Briscoe and Eleanor Bloyce, however, say they saw a man riding toward 90 THE LIFE OF DR. SAMUEL. A. MUDD Bryantown with the accused, who turned back at the bridge at the edge of the town. Mudd made some purchases of calico and other articles, and heard of the assassination. (Bean.) It was not generally known then among the citizens who was the assassin. (Bean, Roby, Trotter, B. W. Gardiner, M. L. McPherson, John McPherson.) In fact, it was not generally known with certainty at the theater, or in Washington, Friday night, whether Booth was the murderer. (Gobright.) In Bryan- town it was commonly understood that Boyle, a noted desperado of that region, who assassinated Captain Watkins last fall, was one of the assassins. (M. L. McPherson, Bean, Trotter, Roby.) It was not known that the murderer had been tracked into that neighbor- hood. (Bean, Dr. George Mudd.) Lieutenant Dana told Dr. George Mudd, Saturday afternoon, that Boyle assassinated Mr. Seward and Booth the President, but that he thought Booth had not then got out of Wash- ington. Even next day (Sunday) it was reported there that it was Edwin Booth who killed the Presi- dent. The accused left Bryantown about four o'clock to return home. Betty Briscoe says the same man who had turned back at the bridge stopped in the edge of a branch, which the road crosses a couple of hundred yards from the bridge, until Mudd returned from town, and then they rode off together across the branch, "up the road." But Boos says he saw Mudd a couple of hundred yards beyond that crossing leis- urely going through the farm Booz lives on, by a near- cut which he usually traveled, alone; and that he would himself have probably noticed the man at the crossing ; which was in full view of where he was, had he been waiting there; and would have certainly noticed him had he been with Mudd traveling the main THE LIFE OP DR. SAMUEL A. MUDD 91 road, when Miuld turned into the cut-off through the farm — but he saw no one but the accused. Susan Stezvart also saw Mudd in the by-road returning home alone, and did not see any man going the main road, which was in full view. I call the attention of the Court to the plat by which the branch and these roads are shown, and to the fact that there is no road turning off from the main road between Booz's place and Bryantown, except the side road by Booz's house. If further refutation of the testimony of Betty Briscoe on this point be required, it is found in the evidence of Primus Johnson, who saw Herold pass the elder Mudd's in the main road, going toward the house of the accused, and some time after that himself caught a horse in the pasture, and rode toward Bryantown, and met and passed Dr. Mudd coming leisurely from Bryantown, clone, at Booz's farm; and that from the time he saw Herold until he met and passed Mudd was full an hour and a half. And in the evidence of John Acton, who was on the roadside, three miles from Bryantown when Herold passed, at between three and four o'clock, and who remained there an hour, and Dr. Mudd did not go by in that time. Acton also says that between the time Herold and Mudd went toward Bryantown and the time Herold returned alone was but three-quarters of an hour. From the fact that Herold could not have ridden to the bridge and back in that time (six miles), it seems highly probable that he did not go to the bridge, but turned back about where Colonel Wells thinks Mudd said he did. But however that may be is not impor- tant, as it is certain from the evidence of these four witnesses that Herold did not wait at the branch for Mudd's return from Bryantown. As Mudd rode home, he turned out of his way to see his neighbor, Hardy (who lives half-way between 92 THE LIFE OF DR. SAMUEL A. MUDD the house of the accused and Bryantown), about some rail-timber he had engaged there. The house is not in view of the road, a clump of pine intervening. He told Hardy and Farrell of the news. Hardy says : "He said to me that there was terrible news now, that the President and Mr. Seward and his son had been assassinated the evening before. Something was said in that connection about Boyle (the man who is said to have killed Captain Watkins) assassinating Mr. Seward. I remember that Booth's name was mentioned in the same connection, and I asked him if Booth was the man who had been down there. His reply was that he did not know whether it was that man or one of his brothers ; he understood that he had some brothers. That ended the conversation, except that he said it was one of the most terrible calamities that could have befallen the country at this time. "Q. Did you say that it was understood or said that Booth was the assassin of the President? — A. There was some such remark made, but I do not exactly remember the remark." They both say he seemed heartily sorry for the calamity, and that he said he had just come from Bryantown, and heard the news there. Hardy says he stayed there only about ten minutes, and left just about sundown. Farrell corroborates Hardy as to the conversation, except that he reports nothing as to Boyle's name being mentioned; but he says the con- versation was going on when he joined Hardy and Mudd. He says the house is less than a quarter of a mile off the road, and that accused stayed there about fifteen minutes. Now, I ask the Court, what is there up to this point to indicate that Mudd knew or had any suspicion that the broken-legged man was implicated in the crime? If there is anything in proof showing that fact, I fail THE LIFE OP DR. SAMUEL A. MUDD 93 to find it. True, he had met Booth twice in Novem- ber — five months before. Had seen him that dark, cloudy morning, at day-break, faint with fatigue and suffering, muffled in his shawl and disguised in a heavy beard; had ministered to him in the dim light of a candle, w T hose rays struggled with the dull beams of the opening day; had seen him, perhaps, sleeping in the darkened chamber, his mustache then shaved off, his beard still on, his effort at concealment still main- tained. (Wells.) And here let me remind the Court, that there is nothing in the evidence showing that Booth spoke a zvord — but where either of the men are referred to as saying anything, "the smaller man" was the spokesman. Let it be remembered too that Booth was an actor, accustomed by years of profes- sional practice to disguise his person, his features, and his tones — so that if Mudd had been an intimate asso- ciate, instead of a mere casual acquaintance, it would have been easy for Booth to maintain a disguise even when subjected to close scrutiny under circumstances favorable to recognition. If the Court will also con- sider with what delicacy a physician and a gentleman would naturally refrain from an obtrusive scrutiny of a patient coming to his house under the circumstances, they will appreciate how easy it was for Booth to avoid recognition, and how probable that Mudd had no sus- picion who his patient was. Had he recognized Booth before he went to Bryantown, and heard there that name connected with the "terrible calamity," would he have jogged quietly home, stopping to chat with Booz, to look after his rail-timber, to talk of the names of the assassins with his neighbors? Unless the Court start out with the hypothesis of guilt, and substitutes unsupported suspicion for proof, — which I respect them too highly to fear for a moment they will do, — 94 THE LIFE OP 1)11. SAMUEL A. MUDD they cannot charge him with a recognition of Booth before lie returned home from Bryantown. Hardy says it was about sundown when Mudd left; Farrell says about five o'clock. He had two miles to ride home. It must have been sundown when he got home, and the men had just gone. Betty Washington says that three or four minutes after Herold (the last of the two) disappeared toward the swamp, Mudd came through the hall to the kitchen, and was then first seen by her after his return from Bryantown. The other servants had not come from the field when the men started — and we are therefore left to that one witness to show that the statement of Simon Gavacan, one of the detectives, who says "he thinks" Mudd said he went with them part of the way, is incorrect. It is inconsistent, too, with Mudd's statement to Colo- nel Wells on the subject, which is as follows: "The Doctor said that as he came back to the house he saw the person that he afterward supposed to be Herold, passing to the left of the house, and toward the barn or the stable; that he did not see the other person at all after he left him at the house, which was about one o'clock, I think." This statement, and that of Betty Washington, last above quoted, coincide with and strengthen each other. It is true Dr. Mudd did say to all who asked him that he had shown Herold the way to Parson Wilmer's by the short route, but this was in the morning, soon after the parties reached the house, and before the idea of the carriage appears to have been suggested. This is shown by the statement of Colonel Wells, who says that the accused, in the same conversation in which he said that Booth and Herold had just gone from the lwuse as he came up, told him that, "Herold, the younger of them, asked him the direct route to Piney Chapel, Dr. Wilmer's, saying that he was acquainted THE LIFE OF DR. SAMUEL A. MUDD 95 with Dr. Wilnier." He described the main traveled road, which leads to the right of his house, and was then asked if there was not a shorter or nearer road. He said, "Yes, there is a road across the swamp that is about a mile nearer, I think" ; he said it was five miles from his house to Piney Chapel by the direct road and four miles by the marsh, and undertook to give him (as he said) a description by which they could go by the nearer route. He said that the direc- tions were these — they were to pass down by his barn, inclining to the left, and then pass straight forward in a new direction across the marsh, and that on passing across the marsh they would come to a hill ; keeping- over the hill, they would come in sight of the roof of a barn, and letting down one or two fences they would reach the direct road. The accused meant, of course, that this inquiry and explanation occurred before his return to the house from Bryantown — and so Colonel Wells understood him, for he so in effect says. The statement of the accused to Dr. Geo. Mudd, the next day after Booth left, is to the same effect. He said, "That these parties stated that they came from Bryantown, and were inquiring the way to the Rev. Dr. Wilmer's" — ■ thus putting their inquiry for the route to Parson Wil- mer's in direct connection with their early explanation as to whence they came. I have no doubt that Gavacan, the detective, recol- lects an inference which he, and perhaps also his asso- ciate detective, Williams, drew from Dr. Mudd saying that he had shown Herold the route to Parson Wil- mer's, that he showed it as Booth and Herold were leaving. But the inferences of detectives, under the strong stimulus of prospective rewards, are inferences generally of guilt ; and that these gentlemen were not free from the weaknesses of their profession, and that 96 THE LIFE OF DR. SAMUEL A. MUDD they grossly misrepresented Dr. Mudd in other im- portant statements, will presently be shown to the sat- isfaction of the Court. Now, if Mudd did not know, when he talked with Hardy about the assassination, and spoke of Booth in connection with it, that the assassin was at his house, — as I think the evidence shows he did not, — then when did he first suspect it? Colonel Wells says his inference was, from something the accused said, that he suspected the crippled man to be Booth before he left the premises. The evidence not only shows that when Mudd returned Booth had gone out of sight, but it also shows what fact it was that, added to the undue excitement of the strangers, and to the fact that the crippled man shaved off his mustache, thor- oughly aroused his suspicion. It was the fact that his wife said to him, after they left, that as the crippled man came down to go his false whiskers became detached from his face. (Lieut. Lovett.) When she told him this, and what he said or proposed to do, zvas not shown by the prosecution, and, by the rules of evi- dence, could, not be by the defense. But that was a fact which could not probably have been communicated to Mudd by his wife until Booth had gone. In the evidence adduced as to Mudd's subsequent conduct and statements, I need only call the attention of the Court to two points, for in it there is nothing else against him. ist. He did not tell on Tuesday that the boot was there, far down in the leg of which was found by the officers "J. Wilkes," written in pale ink. I answer, the boot was not found by his wife until several days after the assassin left, and was then found in sweeping under the bed. (Hardy.) We have every reason to suppose it was not found until after Tuesday, for the accused, on Friday, before a question was asked or a THE LIFE OF DR. SAMUEL A. MUDD 97 word communicated to him, told of the boot himself, and had it produced, and said, in presence of his wife, it was found by her after the officers were there before. (Hardy.) 2d. Of the three detectives who went to the house of accused, Tuesday, Williams says : Accused denied throughout that two men had been there; yet he says on cross-examination, that accused, in the same con- versation, pointed out the route the men had taken toward Wilmer's. Gavacan said he at first denied two men had passed there, and then admitted it. Lloyd says he denied it from beginning to end, on Tuesday. But Lieutenant Lovett, who went with and in com- mand of these detectives, speaking of this interview on Tuesday, says: "We first asked whether there had been any strangers at his house and he said there were." The three detectives are manifestly mistaken; either from infirmity of memory, or from some less pardonable cause, they have failed to recollect and truthfully render what Dr. Mudd did say on that sub- ject. The commentators upon the law of evidence give a caution which it may be well for the Court to observe. They admonish us how easy it is for a corrupt witness to falsify a conversation of a person accused, and as the accused cannot be heard, how difficult, if not im- possible, contradiction is. How easy for an honest witness to misunderstand, or in repeating what was said to substitute his own language or inference for the language which was really used, and thus change its whole meaning and import. In no case can the caution be more pertinent than in this. The very frenzy of madness ruled the hour. Reason was swal- lowed up in patriotic passion, and a feverish and in- tense excitement prevailed most unfavorable to a calm, 7 98 THE LIFE OF DR. SAMUEL A. MUDD correct hearing and faithful repetition of what was said, especially by the suspected. Again, and again, and again the accused was catechised by detectives, each of whom was vieing with the other as to which should make the most important discoveries, and each making the examination with a preconceived opinion of guilt, and with an eager desire, if not determination, to find in what might be said the proofs of guilt. Again, the witnesses against the accused have testified under the strong stimulus of promised reward for information leading to arrests and followed by convic- tions. (See order of Secretary of War.) At any time and in any community an advertisement of re- wards to informers would be likely to be responded to — at a time, and on an occasion like this, it would be a miracle if it failed of effect. In view of these con- siderations, the Court cannot be too vigilant in its scrutiny of the evidence of these detectives, or too cir- cumspect in determining the influence to be given to it. No more effective refutation of this statement, that Mudd denied on Tuesday that two strangers had been at his house, can be given, than to ask how came Lieu- tenant Lovett and the detectives at Dr. Mudd's? They did not scent out the track for themselves. They were at Bryantown on Saturday and were at fault, and had they been let alone would probably have remained at fault, and not have gone to Dr. Mudd's. By whom and when was the information given which brought them there? The next morning after the startling news of the assassination reached him, the accused went to Dr. George Mudd, a man of spotless integrity and veracity, and of loyalty unswerving through all the perilous and distressing scenes of the border war, and fully informed him of all that had occurred — the arrival of the two strangers, the time and circumstances under which they came, what he THE LIFE OP DR. SAMUEL A. MUDD 99 had done for them, the suspicions he entertained, when they departed, and what route they had taken; and requested him, on his behalf and in his name, to com- municate this information to the military authorities on his return that day to Bryantown. Dr. George Mudd did make the communication as requested, on Monday morning, to Lieutenant Dana, and further informed him of Dr. Samuel Mudd's desire to be sent for for any further information which it might be in his power to give. In consequence of this, and of this alone, Lieutenant Lovett and the detectives did, on Tuesday, go to the house of the accused, accompanied by Dr. George Mudd, who prefaced his introduction by informing the accused that, in accordance with his request, he had brought Lieutenant Lovett and the detectives to confer with him in reference to the strangers who had been at his house Saturday. Of these facts there is no doubt or dispute. They stand too prominently upon the record to be ignored or evaded. But for this information the detectives would not have been at the house of the accused at all. They came at his request, and when they came it is absurd and idle to say that he denied, almost in the presence of Dr. George Mudd, who had been his messenger, and was then in the house, that the two strangers had been there. On the contrary, the evi- dence shows he imparted all he knew, and pointed out the route which the strangers took when they left — but which Lieutenant Lovett and the detectives did not at once pursue, because they chose to consider his state- ment uncandid, and intended to put them upon a false scent. Indeed, so accurate was the description given by the accused to Lieutenant Lovett, Tuesday, of the persons who had been at his house, that the Lieutenant says he was satisfied, from Mudd's description, they were Booth and Herold. 100 THE LIFE OF DR. SAMUEL A. MUDD It was in great part by reason of Dr. Mudd's having delayed from Saturday night until Sunday noon to send to the authorities at Bryantown information as to the suspected persons who had been at his house, that he was arrested and charged as a conspirator; and yet I assert this record shows he moved more promptly in communicating his information than they did in acting on it. His message was communicated to Lieu- tenant Dana Monday morning. Tuesday, Lieutenant Lovett and the detectives came, and that officer got such information from Dr. Mudd as convinced him the suspected persons were Booth and Herold, and yet it was not until Colonel Wells came, on Saturday, that an energetic effort was made to find the route of the assassin. On that day Dr. Mudd himself went with that officer, and followed the tracks on the route indi- cated beyond the marsh into a piece of ploughed ground, where the tracks were lost. But Colonel Wells had got the general direction, and it was in con- sequence of the information sent by the accused to the authorities the day after Booth left his house that he was tracked to the Potomac. But the evidence does not show that Dr. Mudd delayed at all in communicating his information, for it does not show when his wife told him of the false whiskers of the crippled man. But, admit she told him on Saturday evening, as soon as the men left. It was four miles to Bryantown, and his wife may have feared to be left alone that night. Boyle, who haunted that neighborhood, was understood by Dr. Mudd to have been one of the assassins (Hardy), and may not his or his wife's fears of the vengeance of that des- perado have prevented him communicating his sus- picions direct and in person to the officer at Bryan- town? He told Dr. George Mudd next day, when asking him to go to the authorities with the informa- THE LIFE OF DR. SAMUEL A. MUDD 101 tion, to caution them not to let it be publicly known that he had volunteered the statement, lest he might be assassinated in revenge for having done it. Having thus presented and discussed somewhat in detail the testimony in this case, I now ask the indul- gence of the Court while I briefly review some of its leading features. Booth and Mudd met first in November last at church, near Bryantown, casually, and but for a few minutes. Their conversation was in presence of many others, including men of unquestioned loyalty. Next morning, Booth left Dr. Queen's, rode by Mudd's, talked of buying his farm, got him to show him over to Gardiner's, a quarter of a mile off, where he bought a horse, Mudd manifesting no interest in the purchase. They rode away together toward Mudd's house, and toward Bryantown, where Gardiner found Booth next morning at the village hotel. Booth was again at Dr. Queen's in the middle of December. But the evidence shows that he did not go into Mudd's neighborhood, or seek or see him. So far as we dare speak from the evidence — and we should dare speak from nothing else — that is all the intercourse between Mudd and Booth in that neighborhood before the assassination. What was there in that to attract attention or excite remark toward Mudd more than to Dr. Queen or Mr. Gardiner, or any other gentleman in Charles County, to whom Booth had been introduced, and with whom he had conversed. All that is shown to have passed between them was perfectly natural and harmless, and nothing is to be presumed which was not shown. True, they might have -talked of and plotted assassina- tion ; but did they ? Is there, in the intercourse which had thus far occurred, any incident from which such a deduction could be drawn, or which would justify a suspicion that any such thing was thought of or hinted 102 THE LIFE OP DR. SAMUEL A. MUDD at? Nor did they ever meet again anywhere before the assassination, unless the testimony of Weichmann is to be accepted as true, which, upon this point, at least is quite unworthy of credence. He swears to having met Dr. Mudd and Booth in the City of Washington, about the middle of January — certainly after the holi- days. But it is in proof by many witnesses, who cannot be mistaken, have not been impeached, and who unquestionably stated the truth, that Dr. Mudd was from home but one night from the 23d of December to the 23d of March, and that night at a party in his own neighborhood. If this be so, and there is no reason to doubt it, then Weichmann's statement cannot be true. The mildest thing that can be said of him, as of Norton, is, that he was mistaken in the man. That which was attempted to be shown by this contra- dicted witness (Weichmann) was, that Dr. Mudd and Booth, who were almost strangers to each other, met Surratt, to whom Booth was unknown, at the National Hotel, and within half an hour after the meeting plotted the assassination of the President, his Cabinet, the Vice-President, and General Grant — all this in Washington, and in the presence of a man whom one of the supposed conspirators knew to be an employee of the War Department, and had reason to believe was a Government detective! It is monstrous to believe any such thing occurred. It outrages all that we have learned of the philosophy of human nature, all that we know of the motives and principles of human actions. And yet, if Mudd was not then and there inducted into the plot, he never was. He never saw Booth again until after the assassination, and never saw any of the other conspirators at all. Twice, then, and twice only — unless the Court shall accept the testimony of Weichmann against the clear proofs of an alibi, and then only three times — he and Booth had met. None THE LIFE OF DR. SAMUEL A. MUDD 103 of these meeting's occurred later than the 15th of January. They are shown to have been accidental and brief. The parties had but little conversation, and portions of that little have been repeated to the Court. So far as it has been disclosed, it was as inno- cent as the prattle of children, and not a word was breathed that can be tortured into criminality — not a word or an act that betokens malign purposes. Against how many scores of loyal persons, even in this community, may stronger evidence be adduced than against Mudd, if the mere fact of meeting and conversing with Booth is to be accepted as evidence of guilt? Booth was a guest at the National Hotel — in- telligent, agreeable, of attractive manner, with no known blemish on his character as a man or a citizen. He had the entree of the drawing-rooms, and mingled freely with the throngs that assembled there. His society, so far from being shunned, was courted; and the fairest ladies of the land, the daughters of distin- guished statesmen and patriots, deemed it no dispar- agement to them to accept his escort and attentions. It is not extravagant to say, that hundreds of true, Union-loving, loyal people in this and other cities, were on terms of cordial and intimate association with him. And why should they not have been? He was under no suspicion. They did not shun him. Why should Mudd ? And why shall what was innocent in them be held proof of guilt in him? Let it be remembered in this connection, that Dr. Mudd's house was searched and his papers seized ; that Surratt's house was seized and searched; that all the effects of Booth, Atzerodt, Arnold, Herold, Spangier, and Mrs. Surratt, that could be found, were seized and examined; and that among them all not a letter, a note, a memorandum, not the scrape of a pen by any person or in any form, has been found implicating Dr. Mudd. Let it further 104 THE LIFE OF DR. SAMUEL A. MUDD be remembered, that all these persons have been sub- jected to repeated examinations, under appalling cir- cumstances, by various officials of the Government, eager to catch the faintest intimation of Mudd's com- plicity, and that not one of them has mentioned or hinted at his name. Let it also be remembered, that anonymous letters have been picked up in railroad- cars, found in pigeon-holes at hotels, rescued from the waves, and that the continent has been traversed and the ocean vexed in search of proofs of the conspiracy, its instigators, leaders, and abettors, and that in all this written and oral testimony there is not a word making the remotest allusion to Dr. Mudd. The probabilities are as a thousand to one that he never knew, or heard, or imagined, of a purpose, much less plotted in a conspiracy, either to capture or to assassi- nate the President. There is not only a failure to show his connection affirmatively, but, if the rules of law be reversed, and guilt presumed until innocence be shown, then, I say, he has carried his proofs in nega- tion of complicity to a point as near demonstration as it is possible for circumstantial evidence to reach. I once more concede that (if the Court accept Weich- mann's statement) it is possible he may have talked treason and plotted assassination with Booth and Sur- ratt, but it is indefinitely removed from the probable; and neither liberty nor life is to be forfeited upon either probabilities or possibilities. I cannot bring myself to fear that this Commission will sanction what, in my judgment, would be so shocking and in- defensible a conclusion. If he and Booth had, at the alleged meeting in January, confederated for the perpetration of one of the most stupendous and startling crimes in the annals of human depravity, who can doubt that frequent meetings and consultations would thereafter have THE LIFE OF DR. SAMUEL A. MUDD 105 occurred, and that they would have increased in fre- quency as the time for the consummation of the atro- cious plot approached ? Yet, though within six hours' ride of each other, they had no meetings, no consulta- tions, no intercourse, no communication, no concert, but were in total ignorance of each other's movements and purposes. Mudd was here the 23d of March, but he was not here for the purpose of seeing Booth, nor did he see him. He made no inquiry for him; did not call at his hotel; saw none of his associates; did not speak of him; did not, so far as appears, even think of him. On the nth of April, only three days before the -frightful tragedy was enacted, Mudd was at Giesboro, in sight of Washington. Booth was then at the National Hotel; and if Mudd was leagued with him, that was the time of all others, from the concep- tion to the consummation of the deed, when he would have seen and conferred with him. If Mudd was a conspirator, he knew of Booth's presence here then; yet he did not come to the city — did not inquire for Booth, see him, hold communication with him, learn whether he was in Washington or Boston, Nassau or London. Three days only before the frightful tragedy — three days before the world was astonished by its enactment! Imagine, if you can — if he was a conspirator — what a tumult of thought and emotion must have agitated him then — what doubts and mis- givings — What faltering and rallying of resolution — what invocations to "stop up the access and passage to remorse" — and then ask your own hearts and judg- ments if it is natural, or possible, that, at such a moment and under such circumstances, he could quietly have transacted the business that brought him to Giesboro, then turn his back upon Washington, indifferent to the failure or success of the events with which his own life, the happiness of his family, and 106 THE LIFE OF DR. SAMUEL A. MUDD all that was dear to him on earth, were bound up? If a conspirator, he knew what had been, and what was to be, done. He knew that the hour for the bloody busi- ness was at hand, and that everything depended upon the secrecy and success of its execution. Yet he was indifferent. He sought no interview with his sup- posed confederates — gave them no counsel or assist- ance — took no precautions for security — gave no signs of agitation or concern — but, in sight of the place and the agents selected for the enactment of the horrible deeds, turned his back upon them all, with an indif- ference that bordered upon idiocy, quietly trafficked 'xt Giesboro, and returned to the seclusion of his family and farm. You know, gentlemen, that this is impos- sible. You know that it could not have happened without outraging every law of human nature and human action. You know that at such an hour his soul would have been shaken with the maddest storm and tempest of passion, and that no mere business affair on earth could have seduced his thought for a moment from the savage slaughter he had in hand. It would have engrossed all his thoughts, and shaped all his actions. No one can, in the strong light of the evidence, believe he was a conspirator. I then confidently conclude that Dr. Mudd cannot be convicted as a principal in the felony. He did not participate in its commission, and was more than thirty miles distant from the scene when it was committed. He cannot be convicted as an accessory before the fact, for the evidence fails to show that he had any knowl- edge or suspicion of an intention to commit it. If, then, he is to be held responsible at all, it is an acces- sory after the fact. Does the evidence implicate him in that character? What is an accessory after the fact? An accessory after the fact is when a person, THE LIFE OF DR. SAMUEL A. MUDD 107 knowing a felony to have been committed, receives, relieves, comforts, or assists him whom he knows to be the felon. He must know that the felon is guilty to make him an accessory, (i Chit. Crim. Law, 264.) Any assistance given to him to hinder his being apprehended, tried, or punished, is sufficient to convict the offender — as lending him a horse to escape his pursuers ; but the assistance or support must be given in order to favor an illegal escape. ( 1 Chit. Crim. Law, 265.) If a man receives, harbors, or otherwise assists to elude justice, one whom he knows to be guilty of felony, he becomes thereby an accessory after the fact in the felony. (1 Bishop's Crim. Law, 487.) Obviously, a man to be an accessory after the fact must be azvare of the guilt of his principal; and, therefore, one cannot become an accessory by helping to escape a prisoner convicted of felony, unless he has notice of the conviction, or at least of the felony committed. (1 Bishop's Crim. Law, 488.) The charge against an accessory consists of two parts — first, of the felonious situation of the principal ; and, secondly, of the guilty knowledge and conduct of the accessory. It will thus be seen that knowledge of the crime committed, and of the guilt of the principal who is aided, and aid and assistance after acquiring that knowledge, are all necessary to charge one as accessory after the fact. Now, let us apply the facts to the law, and see whether Dr. Mudd falls within the rule. On the morning after the assassination, about daybreak, Booth arrived at his house. He did not find the Doctor on watch for him, as a guilty accomplice, expecting his arrival, would have been, but he and all his household were in profound sleep. Booth came with a broken leg, and his companion, Herold, reported that it had happened by the fall of his horse, and that they had come from Bryantown, and were going to Parson 108 THE LIFE OF DR. SAMUEL A. MUDD Wilmer's. The Doctor rose from his bed, assisted Booth into the house, laid him upon a sofa, took him up stairs to a bed, set the fractured bone, sent him a razor to shave himself, permitted him to remain there to sleep and rest, and had a pair of rude crutches im- provised for his use. For all this he received the ordinary compensation for services rendered to strangers. He then went to his field to work. After dinner, while the day was still dark, and Booth still resting disguised in his chamber, Mudd left the house with Herold. Even though he had known of the assassination, and that his patient was the assassin, none of these acts of assistance would have made him an accessory after the fact. "If a person supply a felon with food, or other necessaries for his sustenance, or professionally attend him sick or zvounded, though he knozu him to be a felon, these acts ivill not be suffi- cient to make a party an accessory after the fact." (Wharton's American Criminal Law, p. 73.) But he did not know, and had no reason to suspect, that his patient was a fugitive murderer. The most zealous advocate would not venture to assert that the evidence warrants such conclusion; much less will it be assumed by one acting under the solemn responsibili- ties of judge. Down, then, to the time Mudd left home with Herold, after dinner, the evidence affords no pretext for asserting he was an accessory after the fact. But if he was not then an accessory, he never was. It is shown . that Herold turned back on the way to Bryantown, and when Mudd returned he and Booth had gone. And the evidence does not show that he suspected them of having been guilty of any wrong, until his wife told him, after they had gone, that the whiskers of the crippled man fell off* as he came down stairs to go. True, Booth was guilty, and Mudd had THE LIFE OF DR. SAMUEL A. MUDD 109 shown his companion the route to Winner's; which was the only thing clone by Mudd, from first to last, that could have implicated him, even had he from the first knoivn the crime and the criminal. But when he did that, he did not know either ; for he did not know the crime until he went to Bryantown, nor have even the least suspicion of the criminal, until after Booth had gone. I have read you the law — the scienter must be shown. Things not appearing and not existing stand before the law in the same category; and the guilty knowledge not appearing in evidence, in the eye of the law it does not exist. In this case it is not only not shown, but is negatived by the evidence. The con- clusion most unfavorable to Mudd which the evidence can possibly justify is, that, having had his suspicions thoroughly aroused Saturday night, he delayed until Sunday noon to communicate them to the authorities. "If A knows B hath committed a felony, but doth not discover it, this doth not make A an accessory after the fact." (ist Hale's Pleas of the Crown, 618.) "Merely suffering a felon to escape will not charge the party so doing — such amounting to a mere omission/' (Whar. Am. Crim. Law, 73.) Can, then, Dr. Mudd be convicted as a conspirator, or an accessory before or after the fact, in the assassi- nation? If this tribunal is to be governed in its find- ings by the just and time-honored rules of law, he cannot ; if by some edict higher than constitutions and laws, I know not what to anticipate or how to defend him. With confidence in the integrity of purpose of the Court and its legal advisers, I now leave the case to them. CHAPTER VI PRISON UFK AT FORT JEFFERSON IN 1865, AS TOLD BY DR. MUDD AND OTHERS. A few days after my father left Washington for the Dry Tortugas, my mother received this letter from Sister Mary Rose, a former teacher, and a cousin, and a sister of Dr. George D. Mudd: From our Monastery of Frederick, July 19, 1865. My own dearest Frank : I need not, my very dear child, assure you how bitterly and sincerely I have grieved with you and for you in these past days of our affliction and anguish. And how ardently too I have sought God for grace and strength to sustain and support you and our loved ones while the storm passed by. You know me too well, darling, to doubt of my tender sympathy for you even in smaller trials, and if I have been silent for a while may not my very silence have told you that I have been too sad, too sick at heart, even to write ? Our poor dear Sam ! What a siege of suffering he has gone through and for an act of charity. How wonderful and hidden are the ways of God! And it is not for us to question these mysterious ways of His providence. It is our part only to join our hands in humble submission, deeming ourselves happy even to be thought worthy to suffer for His Holy Name's Sake. Yes, believe me, my heart has been with you and the rest of our dear afflicted friends, and although the THE LIFE OP DR. SAMUEL A. MUDD 111 cross for me has been very, very heavy, gladly, had it been possible, would I have borne a greater portion to have relieved you and others. But 1 trust now the end is near, and that our dear one will soon again rejoin his own happy family, which I am sure will then be even happier than ever. I have had kind letters from each of my brothers regarding Sam and they have grieved for him as for an own brother; indeed, my heart has been touched even to tears to see their solicitude and tender devotion for him. George's last gave me much consolation. "The Government," he says, "in all its endeavors has been unable to prove anything against our own dear friend and relative, Sam. The Military Court, however, will be harsh with him I fear ; but even so, no matter, we will have everything prepared to obtain his speedy release and return to his interesting and lovely family," etc. Alice Burch said she would tell you the rest. Please give kind and tender love to dear ones, and believe me, Your cousin, Sister Mary Rose. Not knowing where my father had been sent, my mother wrote to General Ewing and enclosed a letter for him. General Ewing at the time was away, and before his return my mother had received a letter from my father, which was mailed at Charleston. As soon as General Ewing returned, he answered her let- ter in the following terms: Washington, July 31, 1865. Dear Madam : I was absent with my family when your letter of the nth of July was received, enclosing letter addressed 112 THE LIFE OP DR. SAMUEL A. MUDD to your husband, and only returned a few days ago. I have sent your letter to the Secretary of War with a request that he will cause it to be sent to wherever the Doctor now is. I do not know where he has been sent, but it will be known soon I guess. If he has gone to the Tortugas, nothing can be done in his case until the Supreme Court sits, which will be next December. Your affidavit, with the affidavits of Doctor Bland- ford, Sylvester Mudd, and Mr. Dyer, were laid before the President accompanied with a letter from me to him showing the relation of the facts stated in your affidavit to the other evidence. He read the papers, and informed me that the sentence would not be changed by him as at present advised. So there is no hope for the Doctor's release, except from the courts or from Congress. I regret very greatly on your account, as well as his, that my hopes of his speedy release are frustrated, or likely to be, by the removal of your husband beyond the jurisdiction of an established State Court, and that the President will not give to your evidence the weight it deserves. You should seek comfort, however, in the reflection that the vindictive and energetic effort to take his life failed, and that he will be returned to you before many months in spite of all that can be done by the Administration to keep him imprisoned. If he is sent to the Tortugas, the place is better for his health than almost any other. The island is dry, and the climate good. Rely on it, wherever he has gone his sanguine temperament will buoy him up, and preserve his health and strength. You doubtless saw in the ac- count of their trip to Fort Monroe, that the Doctor was in excellent spirits. With very best wishes for you and your family, 1 am, Very truly your friend, Thomas Ewing, Jr. THE LIFE OF DR. SAMUEL A. MUDD 113 A letter of Mr. R. T. Merrick, advisory coun- sel for the defense, written to Dr. J. H. Bland- ford, my father's brother-in-law: Washington City, August 12, 1865. J. H. Blandford, Esq. Dear Sir: Yours of the 8th instant, with the en- closed letters, were received a few days since, on my return from the country. On reflection, I think it bet- ter not to enclose the letters, but will leave them with the young man in my office, in an envelope addressed to you, and should I not be in when you call, you can, therefore, get them. After reading and carefully considering the letters, I have concluded that their publication could do no good, and might do harm. Let this cruel and unfor- tunate affair rest quiet for the present. It will wake with greater vigor when the time comes to arouse it. When the time does come, I will let Mrs. M'udd know. When you are in the city call and see me, and we will exchange views in regard to the subject. Present my kindest regards to Mrs. Mudd when you see her. She must exercise patience and fortitude in her afflictions, and abide the day of her deliverance. Very truly yours, etc., R. T. Merrick, Atty. The following letter explains itself. It gives credence to rumors never authenticated. The result was that my father was put in chains and subjected to most rigorous restraint: Louisville, Ky., August 17, 1865, 9 A. M. Hon. T. T. Echert, Actg. Asst. Sec. of War : I have important papers. I think the commanding officer at the Dry Tortugas should be put on his guard 8 114 THE LIFE OP DR. SAMUEL A. MUDD against an attempt to rescue the State prisoners in his charge. A company is organizing in New Orleans for that purpose. I have all the facts from a reliable source. (Signed) L. C. Baker, Br. Gen'l Pro. Mar. War Dept. A true copy : A. G. Office, Aug. 17, 1865. E. D. Tovvnsend, Asst. Adj.-Gen. The second letter my mother received from her husband, after being taken from Washing- ton to the Tortugas. The one written her by him, and mailed from Charleston, was lost. Fort Jefferson, Dry Tortugus, Florida, August 24, 1865. My Dearest Frank : To-day one month ago we arrived here. Time passes very slowly and seems longer than that period — years gone by, apparently no longer. What do you think? I have received no letter or news whatever from home since being here. One or two of those who came down with me have received letters, con- taining no news, and do not advert to the possibility or the subject of release. You know, my dear Frank, that that subject is the all-absorbing one of my mind. Frank must be sick — the little children are sick — some may be dead, or some other misfortune has happened, are questions fre- quently revolving in my mind and heart, and the dear ones at home are unwilling to break the cruel intelli- gence to me. My dear Frank, were it not for you and those at THE LIFE OF DR. SAMUEL A. MUDD 115 home, I could pass the balance of my days here per- fectly content or satisfied. Without you and the chil- dren, what is life for me — a blank, a void. Then, my dear Frank, if you have any regard for me, which you know I have never doubted, let me hear from you and often. I have written to you by every mail that has left this place, and surely some have been received. I wrote to you aboard the boat before arriving here. Mail, sometimes, arrives here in five days from New York. This place continues to be unusually healthy, and the only fear manifested is that disease may be propagated by the arrival of vessels and steamers from infected ports. At this time there is a vessel lying at quaran- tine with all hands aboard sick with fever of some de- scription, — several have died, and there is not one well enough to nurse the sick, — no volunteers from among the prisoners going to them, so the chances of life are small. I am now in the hospital. I have little or no labor to perform, but my fare is not much improved. My principal diet is coffee, butter and bread three times a day. We have had a mess or two of Irish potatoes and onions, but as a general thing vegetables don't last many days in this climate before decomposition takes place. Pork and beef are poisonous to me; and mo- lasses when I am able to buy it, and occasionally (fresh) fish, when Providence favored, are the only articles of diet used. I am enjoying very good health, considering the circumstances. Sweet, dearest Frank, write to me soon on the re- ceipt of my letter. I am afraid letters have been inter- cepted from either you or myself. If I don't hear from you soon, I am afraid I will become alike indif- ferent and careless. I have written to Jere, Ewing, 116 THE LIFE OF DR. SAMUEL A. MUDD Stone, Ma and Papa some several letters — others, one or two, and not one syllable have I received. I am afraid when the silence is broken, the news will be so great as to endanger the safety of the boat. My dear Frank, I have nothing to interest you — sev- eral hundred prisoners have been released and gone home recently to their families. My anxiety increases upon the arrival of every boat and mail, and I envy the departing homeward bound. Give my love to all — kiss the children and believe me, truly and sincerely, Your husband, S. A. Mudd. Shortly after receiving the following letter from General Ewing, my mother went to Washington to see the President. President Johnson told her that if Judge Holt would sign papers for my father's release, he (President Johnson) would. Then my mother left the White House for Judge Holt's office. There she told him what the President had said; his brow darkened, and he simply remarked, "Mrs. Mudd, I am sorry, I can do nothing for you." Washington, August 31, 1865. My dear Madam : I have received yours of the 28th instant, and next day one from the Doctor written in excellent spirits. He is doing a great deal better than he would have done at Albany, and is evidently bearing himself with Christian and manly fortitude. I will write him an encouraging letter, and will not neglect to seize the best occasion to attempt his release by legal means. I think the next time you are here you had better THE LIFE OF DR. SAMUEL A. MUDD 117 call to see Judge Holt, who has spoken to me twice of you highly, and asked about you and your children. I think you have made some impression on the old gentleman. In all these matters, his opinion will guide the action of the President. When Mr. and Mrs. Browning return from Illinois, which will be about the 20th of September, I will show him your letter. He feels a deep interest in the Doc- tor, and a conviction of his entire innocence. Do not worry too much. You and the Doctor are both young, and will yet live a long and happy life to- gether. In haste, Sincerely your friend, Thomas Ewing, Jr. This letter is explained in that of August 12 to Dr. J. H. Blandford: Washington City, September 1, 1865. My dear Mrs. Mudd : About three weeks since I received a letter from Dr. J. H. Blandford requesting me to examine two letters from your husband to you, and determine whether it would be expedient to publish any portion of them. I replied to Dr. Blandford, telling him that I thought it would be inexpedient to publish anything at this time, and asking him to call at my office, when in town, and get your letters. I have since heard nothing from him. Lest my letter to him may not have reached its des- tination, I now write you. I have your letters, and will take care of them, subject to your order. I regret that I have no news for you, and hope that 118 THE LIFE OF DR. SAMUEL A. MUDD you are waiting the coming of a better clay with forti- tude and patience. With great respect, Your true friend, R. T. MERRICK. The following order was issued upon the in- formation contained in the letter of L. C. Baker, brigadier-general, dated August 17, 1865: Hd. Qrs. Dist. of Florida, 2d Separate Brigade D. F., Tallahassee, Sept. 3, 1865. To The Comd'g. Officer, Sub. District of Key West. Sir : Official information has been received at these Headquarters from Washington that a plot exists to release the prisoners at Fort Jefferson. You will take the proper precautions to prevent any uprising of the prisoners, and in case you find this information to be correct take measures to ferret out the leaders and place them in irons. By command of Brig.-Gen. Newton, A. C. PrKTz, 1st Lt. and A. A. A. G. Fort Jefferson, Dry Tortugas, Florida, September 5, 1865. My dear Frank : A transport has just arrived and will take off at least a hundred prisoners, thereby thinning our ranks considerably. I am so credulous or hopeful as to ex- pect my release upon the arrival of every steamer, and, not receiving, feel disappointed. T have received but one letter since being cast upon this desolate, barren isle, and that was from your lov- THE LIFE OP DR. SAMUEL A. MUDD 119 ing self, dated August 9. I have written between thirty and forty letters to various ones. I have written at least half a dozen to General Ewing, and Stone three or four. Jere and others as many each. I am truly anxious to know whether they intend to keep me here this Administration — I want to know the public opin- ion. I have had several opportunities to make my escape, but knowing, or believing, it would show guilt, I have resolved to remain peaceable and quiet, and allow the Government the full exercise of its power, justice and clemency. Should I take French leave, it would amount to expatriation, which I don't feel disposed to do at present. When you write, do not fail to enlighten and ad- vise me upon all these points. I am with you, my dear Frank, whatever may be your resolve — my only de- sire for life is the assistance I may be capable of af- fording to you, our dear little ones, Pa, Ma and fam- ily. Were it not for these considerations, apart from the odium, I could remain here in contentment the bal- ance of my days. When you write, send me newspaper extracts or clippings that may be favorable or otherwise toward us, or to me. When you are reading over the papers, and see anything likely to interest, cut it out and en- close in your letters. At the same time, don't fail to mention all new developments that have arisen since our trial, whether any more arrests have been made, and all particulars concerning. I want to know whether Ewing is doing anything, and whether any other influence has been brought to bear. I feel considerable disappointment in not hear- ing from either Stone* or Ewing. I wrote to Ewing ♦Frederick Stone, one of my father's legal advisers, afterward a judge of the Court of Appeals of Maryland. 120 THE LIFE OF DR. SAMUEL A. MUDD at the same time I wrote to you on the boat bound to this abominable place. He could judge well, from that first letter, that I made no such admissions or con- fessions as reported by the various Northern newspa- per reports. I have lost all confidence in the veracity and honesty of the Northern people, and if I could honorably leave the country for a foreign land, I be- lieve our condition would be bettered. There was never before a more persistent effort to criminate and to blast one's character and fortune than was resorted to in my case. What could not be effected by fair means, was done by foul — and villainy, and all for the almighty dollar. I saw no love and no patriotism. Had these virtues existed, I should have had a re- ward (although not asked nor expected) instead of the treatment received. My dear Frank, I have nothing to mention worthy of interest. I am well in body. I am often cast down by depressing thoughts about you and all near and dear to me. I sometimes in my dreary walks look home- ward, and feel an involuntary gloom and despondency to come over me. The thought often arises, or the question is asked within myself, "Shall I ever see home again, or those fond ones left behind?" God alone knows and can answer. Good-by, my dearest Frank and all. Kiss the chil- dren and write soon and often, S. A. Mudd. My father unfortunately, on the 25th of Sep- tember, 1865, endeavored to effect his escape. He stated after his release that he intended, had his effort been successful, to reach some point where the writ of habeas corpus was in force, surrender himself to the proper authori- THE LIFE OF DR. SAMUEL A. MUDD 121 ties, and then have the writ sued out in his behalf. The disastrous result of his unsuccess- ful attempt is shown in the order and report that follow: Headquarters Fort Jefferson, Fla., September 26, 1865. Captain H. A. Harris, 80th U. S. C. L, Pro. Mar. Capt: By direction of the Major Commanding, you will see that Dr. Sam'l A. Mudd is placed at "hard labor." Let him be detailed in the Engineer Dept. to wheel sand. And hereafter, when any boat arrives, he will be put in the dungeon and kept there until it departs, and in future no favors of any kind will be shown him. Very respectfully, your obdt. servt, H. S. Manning, 2nd Lieut 80th U. S. C. I., Post Adj't. Headquarters Fort Jefferson, Fla., September 27th, 1865. Captain E. C. Woodruff, Actg. Ass't. Adj't Gen'l. Dep't. of Florida. Sir, I have the honor to report, that, on the 25th ins't. Dr. Samuel A. Mudd, one of the Conspirators, sentenced to this place for life, made an attempt to escape. Since he has been in confinement here, he has been employed in the Prison Hospital, as Nurse and Act- ing Steward. When he came here, it was noticed that he immediately adopted the same clothing as worn by other prisoners. Although he had good clothes of his own. On the day he attempted to escape he put 122 THE LIFE OP DR. SAMUEL A. MUDD on one of the suits he brought with him and in some way got outside the Fort to the Wharf, where the U. S. Transport, Thos. A. Scott, was lying. He went on board that boat and, (with the assistance rendered him by one of the Crew, Henry Kelly), secreted him- self under some plank in the lower hold. After a short search he was found and I put him in irons, into one of the dungeons. I also ordered the arrest of the man Kelly, and put him in close confinement. Dr. Mudd's statement is that Kelly promised to as- sist him but had not done so. While Kelly denies knowing him or ever having seen him. Enclosed J forward the deposition of Jas. Healy, Coal passer on the steamer, which clearly proves that Kelly has told a falsehood. He has the appearance of being a hard case, and his reputation on the boat was bad. I am very respectfully Your obedient serv't., Gso. E. Wentworth, Major 82nd U. S. C. Inf'ty., Commanding Post. The above is a literal copy. CHAPTER VII PRISON UPE IN 1865, CONTINUED ATTEMPTED ESCAPE, AS TOU> BY MY FATHER Letter from my father to his brother-in-law, Mr. Jere Dyer: Fort Jefferson, Tortugas Island, Fla., September 30, 1865. My dear Jere : I wrote to you and Frank by the last steamer, but at the same time intended to arrive before it. Provi- dence was against me. I was too well known and was apprehended five or ten minutes after being aboard the steamer. They were so much rejoiced at finding me, they did not care to look much farther; the consequence was, the boat went off and carried away four other prisoners, who no doubt will make good their escape. I suppose this attempt of mine to escape will furnish the dealers in newspapers matter for comment, and a renewal of the calumnious charges against me. Could the world know to what a de- graded condition the prisoners of this place have been reduced recently, they, instead of censure, would give me credit for making the attempt. This place is now wholly guarded by negro troops with the exception of a few white officers. I was told by members of the 161st N. Y. V. Reg., that so soon as they departed, the prisoners would be denied many of their former privileges, and life would be very insecure in their hands. This has already proved true; a parcel of new rules and regulations have already been made and 124 THE LIFE OF DR. SAMUEL A. MUDD are being- enforced, which sensibly decreases our former liberties. For attempting to make my escape, I was put in the guard-house, with chains on hands and feet, and closely confined for two days. An order then came from the Major for me to be put to hard labor, wheel- ing sand. I was placed under a boss, who put me to cleaning old bricks. I worked hard all day, and came very near finishing one brick. The order also directs the Provost Marshal to have me closely confined on the arrival of every steamer and until she departs. I know not how long this state of things will continue. I have arrived at that state of mind at which I feel indifferent to what treatment I am subjected. The 161st N. Y. Reg. were very kind and generous to me, and I was as much induced by them to make the at- tempt to take French leave as my own inclination and judgment dictated. I am now thrown out of my former position, chief of dispensary, and not likely to be reinstated. I know not what degree of degrada- tion they may have in store for me. I was forced, under the penalty of being shot, to inform on one of the crew who promised to secrete me aboard. They have him still in close confinement, and will likely try him before court martial for the offense. I have written a note to the Major and have seen the Pro- vost Marshal, and have taken upon myself the whole blame and responsibility of the affair, yet they pay little or no attention, and the young fellow is still kept in close confinement. I don't regret the loss of my position. Take away the honor attached, the labor was more confining than any other place or avocation on the island. At the same time it relieved me of the disagreeable necessity of witnessing men starve for the nutriment essential for a sick man, when it could be had with no trouble THE LIFE OP DR. SAMUEL A. MUDD 125 and but a little expense. Four prisoners have died during the short time I have been here; the last one died the morning I made my attempt to escape. Not a single soldier or citizen laborer has died or suffered with any serious sickness ; thereby showing some- thing wrong, something unfair, and a distinction made between the two classes of individuals. Every case of acute dysentery or diarrhea among the prison- ers, either dies in the onset or lingers on and terminates in the chronic, which eventually kills. We have a disease here which is termed bone fever, or mild yellow fever, which has attacked at least three- fourths of the inmates of the Fort. It lasts generally but two or three days ; during the time, the patient im- agines every bone will break from the enormous pain he suffers in his limbs. None has died with it. I have not been a day sick or unwell, owing no doubt to the fact of my thoughts being concentrated upon home, my dear Frank, and the children. Little did I think I would ever become the veriest slave and lose the control of my own actions, but such, unfortunately, is too true, and God, I suppose, only knows whether these misfortunes will terminate with my frail exist- ence, or that after being broken down with cares and afflictions of every kind, I be returned to my family a burden, more than a help and consoler. My only hope now is with you and the influence you can bring to bear. To be relieved from my present situation, I would be willing to live in poverty the balance of my days with Heaven my only hope of reward. If money be necessary, sell everything that I possess, and what might be allotted by poor Papa from his already ex- hausted means. I feel that I am able now, and have resolution to make a decent living in any section of the world in 126 THE LIFE OF DR. SAMUEL A. MUDD which I am thrown by the Grace and Providence of the Almighty. It strikes me that the Hon. Reverdy Johnson, Mont- gomery Blair, and many others whose principles and opinions are growing daily more popular — their in- fluence could be easily brought to bear in my behalf. You fail to give me any idea of what was being done or any reasons for me to hope for relief by any cer- tain time. You may have omitted this for prudential reasons. I have been too careless in my language among the evil disposed. They have never failed to misinterpret my language and meaning, and to omit everything having a tendency to exonerate me. Knowing this, I shall be the keeper or guardian of my own thoughts and words for the future. I never knew how corrupt the world was before being visited by my recent calamities and troubles. They have shamefully lied and detracted everything I have said or done — a privilege for the future they shall never have. No doubt they will get up a great sensation in re- gard to my attempted escape. Some thirty or forty have made their escape, or attempts to do so, since I have been here, and there never was anything thought of them. Since my unlucky attempt, everything seems to have been put in commotion, and most unfounded suspicions, rumors, etc., started. My only object for leaving at the time I attempted, was to avoid the greater degradation, and insecurity of life, and at the same time be united again with my precious little family. I don't perceive why there is so much odium attached, as the authorities, by their harsh and cruel treatment, endeavor to make believe. I will soon be returned to some duty more com- patible with my qualifications. In the mean time, as- sure Frank and all that I am well and hearty, and as THE LIFE OF DR. SAMUEL A. MUDD 127 determined as ever. Write soon. Give my unbounded love to all at home, and believe me most truly and de- votedly, Yours, etc., S. A. Mudd. Oct. ist. — I am constrained before mailing this, to acquaint you with the following: The young man Kelly, and Smith who was locked up with him, and bound with chains and thrown in a place they denomi- nate the dungeon, on my account, freed themselves from their chains, broke out the iron-grated window, let themselves down from the window by the chains with which they were bound, stole a boat, and made good their escape last night. Smith was one of the most outrageous thieves that ever walked. You would marvel to hear him tell of his wonderful feats and thefts. Kelly promised to secrete me aboard the steamer, and to save my life. I was necessitated to inform on him. He was brought to the same room in which I was locked. He excused me, and said that the Commandant was a fool to think that they could hold him upon this island, which Iris proved too true. The authorities are no doubt much disappointed and chagrined at this unexpected occur- rence. I feel much relieved. Yours as ever, etc., Sam. Fort Jefferson, Dry Tortugas, Fla., October 5, 1865. My dear Jere : A vessel is about leaving port. I take advantage of it to drop you a few hasty lines. I forgot to mention, in the letters previously written, to inform you that none of the drafts, that I drew upon you, will be pre- 128 THE LIFE OF DR. SAMUEL A. MUDD sented for payment. I was fortunate in being able to borrow twenty-five dollars; the check, so soon as I can obtain the money, will go to liquidate it. I shall endeavor to be as economical as possible, knowing to what straits my family has been already reduced. The only need I have for money is to purchase a few vegetables, and supply myself with tobacco. The only article of clothing I need is shirts. The Government furnishes flannel shirts, which I find very pleasant in damp weather, but very disagreeable and warm in dry sunshine. If the friends of Arnold and O'Laughlin should send a box of clothing to them, you may put in a couple of brown linen, or check linen, shirts and a couple pairs cotton drawers. You may not bother yourself to this extent if you anticipate an early release. My clothing is sufficient to come home in. I will need no more money before the first of December, or latter part of November. It generally takes a letter ten or twelve days to reach this place, so anticipate the period, and send me twenty-five dollars in greenbacks. Address your letters to me, and not in care of any one, and I will get them without fail. Write me soon and let me know whether my attempted escape caused much comment in the Northern papers. I fear it will have the effect to again agitate the question. I had written so often and desired information and council, that I became truly im- patient and vexed. I expected to hear something from Ewing or Stone, but not a word have I received from either. I received a letter a few days ago which ga/e me more consolation and hope than any yet come to hand, from Henry.* Had I received such a letter earlier I would have been content, and would never have acted as I did. I would have succeeded, only for meeting a party aboard, who knew me, before I could ♦His brother. THE LIFE OF DR. SAMUEL A. MUDD 129 arrive at my hiding-place. I was informed on almost immediately, and was taken in custody by the guard. I regret only one thing, being necessitated to inform on the party who had promised to befriend me. It was all done by the mere slip of the tongue, and with- out reflection ; but perhaps it was all providential. He is now free, having made good his escape with a notorious thief with whom he was locked up. I under- stand, after escaping from the dungeon, in which they were confined, they robbed the sutler of fifty dollars in money, as much clothing as they needed, and a plenty 'of eatables in the way of canned fruits, pre- serves, meats, etc. Six prisoners made good their escape on the same boat upon which I was so unfor- tunate. It seems they were too much elated to look farther after my apprehension. I am taking my present hardship as a joke. I am not put back in the least. I will soon assume my former position, or one equally respectable. The only thing connected with my present attitude is the name, and not the reality. I have no labor to perform, yet I am compelled to answer roll-call, and to sleep in the guard-house at night. This will not last longer than this week. Write soon, give me all the news, and continue to send me papers. I have received several from you, Frank, and some have been sent from New York by unknown parties, which afforded me consid- erable recreation. Give my love to all at home, and send this, after reading, to Frank, so that she may know that I am well, etc. I am sorry Tom is going to leave so early. I am under the greatest obligations to him for interest and kindness manifested. I am in hopes my release won't be long deferred, when I shall be able to see you all. Samuel Mudd. 9 130 THE LIFE OF DR. SAMUEL A. MUDD The following pointed and manly letter from Hon. Charles A. Eldredge, Representative in Congress from the Fourth Congressional Dis- trict of Wisconsin, to Judge-Advocate Holt, speaks for itself: [From the Ohio Crisis, October n, 1865.] Fond du Lac, September 25, 1865. Judge-Advocate-General Holt. My Dear Sir: The folowing circular letter ad- dressed to me has been duly received, to wit : "War Department, "Bureau of Military Justice. "Washington, September 12, 1865. "By direction of the Secretary of War a number of copies of the argument of Hon. John A. Bingham in the case of the assassin conspirators, and also a number of copies of the opinion of Attorney-General Speed, are sent enclosed in envelopes to you, in order that they may be well distributed throughout your district. It is especially desirable that the legal profession should be furnished with the information which these documents contain. "J. HouT, Advocate-General" The copies of the argument and opinion which you desire "may be well distributed" in my district, are also received. The importance of it to yourself and the Secretary of War may or may not justify the large expense consequent upon the publication and distribu- tion. The people of my district will not, I presume, mind the expense in these times of light taxation. But I trust you will pardon me the suggestion that THE LIFE OF DR. SAMUEL A. MUDD 131 black and horrible as is the crime in the consideration of all good men, of the assassination of President Lin- coln, neither the blackness of that crime nor the argu- ments and opinions of those learned gentlemen, will prevent my constituents, and when the history thereof comes to be written, posterity generally, from brand- ing military trials of civilians as infamous violations of the Constitution and laws. Do not, I pray you, flatter yourself that you and the Secretary of War can, by the circulation of these docu- ments at your own or the people's expense, convince your countrymen that arrests without warrant, impris- onment without trial, sentences without conviction, trial without indictment or jury, and the worse than mockery of your victims in military trials, are any- thing but crimes — gross outrages of the people's rights and liberties, and violations of the people's Constitu- tion. Respectfully, CharlKS A. Eldrsdge. The documents forwarded Mr. Eldredge for distribution, intended as a defense of military commissions for the trial of citizens, were printed at the expense of the people, and were forwarded by mail free of postage. Fort Jefferson, Dry Tortugas, Florida, October 18, 1865. My dearest Frank : You will no doubt, ere this reaches you, see some mention in the newspapers of my effort to get away. I learn from a friend a pretty lengthy account has been sent on for publication. My dear Frank, it is bad enough to be a prisoner in the hands of white men, your equals under the Constitution, but to be lorded 132 THE LIFE OF DR. SAMUEL A. MUDD over by a set of ignorant, prejudiced and irresponsible beings of the unbleached humanity, was more than I could submit to, when I had every reason to believe my chances of escape almost certain, and would be crowned with success. Connected with this inspiring hope, and an early union with you and our precious little children, the higher-minded and unprejudiced mind would rather give me credit than blame for the attempt. Why should I be expected to act more hon- orable than my persecutors, who sent me here ? Have they not, from the beginning to the present, endeav- ored to degrade and humiliate by previously unknown and unheard of tortures and cruelties even in an un- civilized community, to lower us, the victims of injus- tice, beneath the dignity of the brute creation ? My darling wife, when I am capable of beholding with a serene eye the mild and beneficent sway of the Fathers of the Republic, and the former prestige of the American Flag, the shield, the protection of the citizen, be he at home or in a foreign land, vindicated, then I shall calmly and patiently submit. I am resolved henceforth to yield my opinion, and bear up against all the indignities and hardships they can heap upon me, to the better judgment of my advisers, to God, and the justice of my cause. You need have no further apprehension regarding my conduct. I have not had a cross word with an individual, soldier or prisoner, since I have been closeted upon this island of woe and misery. I have striven to the utmost of my ability to render myself and those around me comfortable, visiting the sick, and saving my scanty means to the last dime. So for the future, make yourself easy, and rest assured that I will be guilty of no act that will ever have the tendency to compromise my cause. I think hard of my law- yers; they know how ignorant I am of law, and they THE LIFE OF DR. SAMUEL A. MUDD 133 should have extended all the necessary advice and counsel, which I repeatedly asked for. No mortal mind can appreciate the feelings of one who has been so foully dealt with, and separated suddenly and vio- lently from family and all near and dear, and banished hundreds of miles away, — no opportunities afforded of being visited, and but imperfect and irregular mail facilities, for no fault, and for having done my duty to God and man. To bear patiently under such cir- cumstances requires more than human strength. I trust my present good resolutions will be supported by grace from above, through the prayerful mediation of you and all. I fear, my dear Frank, you may be in need of money, etc. I enclose in this some medical bills. Try to collect them. You may think and say, "What is the use of all this, Sam will be home time enough to attend to it himself," but take my advice, and do not rely too much on hopes. Make sure of this means; pay off hirelings, and purchase all necessary family supplies for yourself and children. Make provision always for a more unpropitious day. The time may be close at hand when you may be reduced to an even worse condition than at present. I perceive a betrayal of your anticipations and hopes by the kind offer to send me clothing, money and other articles. If my release is to be so speedy, there will be no necessity for them. I can come home in anything. I have learned to disregard the mocks and jeers of this cold and un- charitable world. If it was no fault of my own, I would take a delight in walking the streets of New York on my way home on my knees; but if Provi- dence favors me with a speedy release, I will return by way of New Orleans and through the South. On the 1 2th, three more prisoners made good their escape, taking a boat just from under the eyes of the 134 THE LIFE OF DR. SAMUEL A. MUDD guard in open daylight, about 12 o'clock, and suc- ceeded in getting some eight or nine miles before the loss of the boat was discovered, when they observed it was useless to pursue. These cases never will be known to the public ; but cases in which party interests are involved, will find no opportunity of escaping. Since my effort to get away, eleven have made good their escape, all of whom were sentenced for a long period of years. Do not view my act with dis- honor. I am a prisoner under guard, not under a parole, and under no obligations to remain if I can successfully evade and free myself. You will, when you write, inform me whether the act has, or will have, any injurious tendency, also send me the comments of the press, should there be any. When you see any article in the papers to which you wish to direct my attention, mark it around with a lead pencil or pen. You may rely upon my remaining perfectly quiet and content, until I receive a hint from you to act to the contrary. I am for the shortest road home, no matter how difficult. My letters for the future will not be so lengthy. I will write every opportunity, but we fear, owing to a recent change in the government of the Post, will be denied many of our former privileges. Arnold was clerk in the Provost Marshal's office, and without any cause assigned, has been ordered to hard labor. We will endeavor to deport ourselves as always, as true gentlemen and as men conscious of innocence, and of the gross wrongs and injuries inflicted. Be assured and satisfied that the ills we now suffer proceed from no act of mine, or ours. I am compelled to sleep now in the guard-house, but I am presumed to be doing hard work. It is of little importance as regards labor. Those assigned to active duty are generally the healthiest, which is more than a compensation for the change. THE LIFE OF DR. SAMUEL A. MUDD 135 My heart almost bleeds sometimes when I think of you and our dear little children, and the many pleasant hours we used to enjoy together. I feel they will be too large for me to handle when I shall be a free man again, and be able to return to you. My love and devotion appears to increase with every day. With the change from the white to the colored regiment, many of our former privileges have been denied ; yet we are determined not to give them the least cause to complain, and for the future I am determined not to leave or make an attempt without the proper authority. I would not have thought of such a thing, were it not for a change in the government of the Post. Give my love to all, Ma, Pa, and all the family, and tell them to write. I am consoled by every letter. I don't wish you to write anything that may have a tendency (if made public) to be detrimental to my cause. Letters are no doubt read by for that purpose, and notes taken of them, and then suffered to proceed. The last letter I received, was dated Septem- ber 22, and mailed from Baltimore October 8. Exer- cise prudence. I don't expect you will be able to do much until after the trial of Wintz, Davis & Co. Good-by, my sweet, precious wife and dear little ones. God bless you all. Yours, etc., S. M. Fort Jefferson, Tortugas, Florida, October 23, 1865. My dearest Wife : I wrote you on the 10th and nth. Since then orders have been promulgated to look into all corres- pondence leaving the Post, as well as those arriving, so for the future you need not trouble yourself to be lengthy or make public your domestic affairs. I am 136 THE LIFE OF DR. SAMUEL A. MUDD very well, although at present confined to a small damp room with Arnold, O'Loughlin, Spangler, and a Colonel Grenfel, formerly an English Officer, but recently of the Confederate Army. What has led to this treatment, we are at a loss to account. We have all deported ourselves as gentlemen, and as Christians. Do not let this trouble you, I have already borne worse, and I am in hopes, through the mercies of God, to live through these hardships and be a consolation to you and my dear little family. We are now guarded by a negro regiment. Good-by. Pray for me, and give my love to all. Your devoted husband, Samuex Mudd. The following letter from my uncle, Mr. Jere Dyer, to my mother, gives some idea of the efforts that were being made to secure my father's release: Baltimore, November 6, 1865. Dear Frank: Your truly welcome letter did not reach me until this morning, and ex-Governor Ford of Ohio did not leave here until Wednesday. He promised to call to see me before leaving, but failed to do so. He sent a gentleman to see me to apologize for not calling, and also to tell me he met with every success. He had several interviews with Webster, who was in Congress last winter, but is now Collector of this port, having recently been appointed by the President, and he is decidedly in favor of his release. He has promised the Governor his influence, and also told his messenger that everything was working to his entire satisfaction, and he was quite sanguine of success. God grant it; THE LIFE OP DR. SAMUEL A. MUDD 137 but still, my dear child, be not too sanguine, for you know everything in this life is very uncertain. We, too, have our part to perform, namely : send our peti- tions to Him who is mightier than man. He may not at first hear us as speedily as we wish, but He has promised that whatever we ask in His name, will be granted. He will not refuse much longer, and will soon return him to you. I am sorry to hear you have another case of typhoid fever. It seems indeed you have your full share of trouble; but, my child, you must try and be patient, and bear them with Christian resignation, and God will send you your reward. Poor Cousin Henry — it seems fate is bearing hard on him. How I pity him. He has never known trouble before. Providence truly smiled on him in his younger days, and it does seem hard he should have so many troubles now he is old. I mailed you Sam's letters last Tuesday. You did not mention having received them. I judge you have not sent to the office. I find they are keeping a pretty close guard over them, but I am satisfied it will not last very long. I suppose they only wanted to try and make him say or do something for them to publish, and try and keep up some excitement against him, but I know he has learned by sad experience to be too much on his guard to give them any further excuse for their villainy and rascality. I am going to R. I. Brent's office this evening to show him Sam's letters. He is very anxious to see them. Although he is a copper-head, he is a big man, and a warm friend. Frank, I am always at work whenever there is the slightest chance of doing anything. I try to keep him before all the big men, and make them talk about his case. You know every opinion has its weight, so you 138 THE LIFE OF DR. SAMUEL A. MUDD must be hopeful, not too sanguine as to any particular time. My own opinion is, from all I can gather, we may reasonably expect him home between this and the first of January. I wrote him a very long letter and mailed it two days before your last one, in which I told him I hoped to see him at the foot of his table on Christmas Day carving that big old gobbler. Well, I have not had a frolic for a long time, and if it is the will of Heaven it should be so, I hardly think my Heavenly Father would do anything with me for taking two glasses of egg-nog. Do you ? Love to all. Your brother, j£R£. CHAPTER VIII NEGRO TROOPS AT PORT JEFPERSON, RELIEVED IN PART BY WHITE SOLDIERY Fort Jefferson, Tortugas Island, Florida, November n, 1865. My dear Jere : Yesterday, the 10th, four companies of heavy artillery arrived to relieve the detested and abominable negro regiment, and I am in hopes our future treat- ment will be much milder. It can't be worse. We were placed, without any cause whatever, in heavy leg irons on the 5th of November, marched down to headquarters, then placed under a boss at hard labor cleaning old brick. A tug arrived that day, and it was no doubt to please the crew's gross fancy and ex- hibit the Major's power, that the cruel act was resorted to. We had been closely confined under guard for more than a fortnight previously. Notwithstanding living in irons, we are closely guarded and not suffered to leave the door for the most trivial thing without having a negro guard with musket and bayonet by our side. At night, our chains are taken off, the door locked, and a sentry placed there on guard. This treatment was not brought about by any fear of escape, or the apprehension of any violence on our part, but is no doubt done to degrade and lessen us in the esti- mation of our fellow-prisoners and citizens, and to keep down the apparent sympathy of strange arrivals, of which every boat brings many. I received a letter from you and Fanny* on the 7th, * My father's sister. 140 THE LIFE OP DR. SAMUEL A. MUDD and was much rejoiced to know that your hopes of release were so lively. God grant that your efforts may succeed, and I be delivered from this hell upon earth. Fannie was telling me what papa was doing, which I thought was very improper, knowing that any imprudence is subjected to the inspection of officious officers, who are disposed to place their own wicked construction wherever their personal gain or ambition is likely to be profited. I am afraid papa will find him- self in the end the victim of imposition of some of these hostile intermeddlers, although mercy grant the con- trary. I have had enough of the humanity and Chris- tian spirit that animates the hand of the saints, to cause me to remember them, and it is but natural I should desire that they should be visited by the same degree of chastisement which they have and are still inflicting upon their fellow-countrymen through motives of patriotism and vindication of the honor and supremacy of the Republic. Every day increases my hate toward the authors of my ruin, and sometimes I can scarcely withhold my angry indignation. The near approach of expected relief I am in hopes will keep me within bounds. Should you be so fortunate as to effect my release, lose no time in forwarding the joyous intelli- gence. Telegraph it to Tom, and tell him to notify me from New Orleans ; also write to Henry Benners, postmaster of this place. You can enclose a letter to his address for me, observing due precautions. I sent you what might be a copy of a letter to Secretary Stanton. I did not write, but scribbled it off so that you and counsel could advise regarding. You can omit and supply as you think the case may require. We are all at this moment in chains. Neither Colonel Grenfel nor myself has been taken out to work the past two or three days, but suffered to remain passively in our quarters. He is quite an intelligent man, tall, THE LIFE OF DR. SAMUEL A. MUDD 141 straight, and about sixty-one or two years of age. He speaks fluently several languages, and often adds mirth by his witty sarcasm and jest. He has been badly wounded and is now suffering with dropsy, and is allowed no medical treatment whatever, but loaded down with chains, and fed upon the most loathsome food, which treatment in a short time must bring him to an untimely grave. You will confer an act of kind- ness and mercy by acquainting the English Minister at Washington, Sir F. A. Bruce, of these facts. Your brother, Sam. Application was made on November 20, 1865, by my uncle, Thomas O. Dyer, of New Orleans, to Major-General Sheridan, com- manding the Division of the Gulf, for permis- sion to forward to my father certain articles of clothing and luxury. This permission was granted, as will appear by a copy of the order which follows. Up to this time the articles sent my father by his friends had almost in- variably failed to reach him; and even after- ward many articles, and even sums of money, sent him seem to have been "confiscated." Headquarters Military Division of the Gulf, Office Provost-Marshal General. New Orleans, November 20, 1865. Permission is hereby granted to T. O. Dyer to forward this invoice of goods to Samuel A. Mudd, confined at Fort Jefferson, Florida, care of command- ing officer there, who will deliver same at his discre- tion. Q. M. Dept. will furnish transportation. By command of Maj.-Gen. Sheridan, F. T. Sherman, Brig. Gen'l & P. M. G. 142 THE LIFE OF DR. SAMUEL A. MUDD The articles, an invoice of which had been furnished to General Sheridan, were duly sent, and all were received by my father except "2 bottles Bordu Whiskey." These were never- more heard of. Whether they were cast over- board in transmission, or were intercepted and the contents consumed by some bibulous indi- vidual to whom opportunity offered tempta- tion, will perhaps never be known. Fort Jefferson, November 25, 1865. My dearest Wife : I am as well as circumstances permit. Give my love to all, Pa, Ma, and the family. Tell the children they must be good, learn their lessons, and pray for their disconsolate papa. I am afraid to write more, lest objection be made; and believe me, my dear Frank, your most faithful and devoted husband, con- fiding in the infinite goodness and mercy of God and the prayerful intercession of many friends, I am in hopes of a speedy release and return to you. A mail has arrived. The letters and papers have not been distributed, consequently I do not know whether there is anything for me or not. Kiss all the children, etc. Yours, Sam. Dry Tortugas, Fla., December 9, 1865. My dear Jere : I received your last, dated November 7, 1865, which I assure you has raised my spirits above description. Let me hear from you all, not contraband, at your earliest opportunity. I received a trunk from dear Tom on the 3d of December, invoiced as containing a quantity of fine THE LIFE OF DR. SAMUEL A. MUDD 143 clothes, several cans of vegetables, fish, whiskey, etc. The whiskey was not received. I wrote to him acknowledging the receipt. He may not get it, so when you write, inform him. The negro regiment has been only partially relieved by white troops. Our condition is not much better. We are still in irons, compelled to wash down six bastions of the Fort daily, closely guarded, denied all intercourse with other prisoners, locked up at night, and a sentry placed at the door. Our fare is some- thing better, and we are allowed to purchase articles of food, etc. I also received twenty-five dollars from Tom. This was placed in the hands of the com- mander, not to my credit. We are only allowed three dollars per month. I assure you no reasonable cause can be alleged for our present rash and inhuman treat- ment other than my attempted escape. I thought I had paid the penalty of my offense when we were paid a visit by Generals Newton and Forsyth, and we are informed by the negro Commandant that it was through their order we were placed in irons. Newton commands this department. God bless him and his tribe! I am well and in hopes of a speedy release from my chains. Good-by, my dearest brother and friend. Give my love to all and kiss Frank and the children for me. You need not send me any more money. I will call upon you when I need it. I have enough to bring me home. This note is written far under- ground. Your brother, Sam. Fort Jefferson, Florida, December 12, 1865. My darling Frank : I received last night yours of the 20th of November, 144 THE LIFE OF DR. SAMUEL A. MUDD which relieved me of many apprehensions regarding you and our little ones. I assure you last week has been the most miserable of my imprisonment, on account of the gloom which came over me in consequence of your failing to write at the appointed time. You said nothing in your letter about your previous sickness or indisposition. I, therefore, conclude you have fully recovered. I am truly pleased to see you so hopeful of my speedy release. I can see nothing cheering in what you have communicated, but it may be owing to my want of understanding. It is my impression this flimsy pre- tense is resorted to to keep up a show of doing some- thing, when in reality nothing is intended to be accom- plished. I am pleased to know that you are satisfied ; as for myself, nothing short of removal from this place can create an impression of fair dealing on the part of those in authority. I am sorry to hear of the death of George Garrico and Mr. Bean. Our white population is wonderfully diminishing by death and other causes. The negroes will soon be in the majority, if not already. Should I be released any time shortly, and circumstances per- mit, I will use all my endeavors to find a more con- genial locality. I wrote to you on the 7th, also on the 1st, which I am in hopes you shall have received before this. I sent you on the 7th a couple of large moss- cards, and to-day send you three more, having nothing more suitable at hand. I have some small shell frames for pictures, but cannot send them conveniently by mail. I will try to send them by the next mail if I can arrange a safe box, etc. I was in hopes I would have the pleasure of bringing in person these little curiosi- ties, but fate has decreed otherwise. Don't bother yourself in regard to my wants; they are all plentifully supplied at this time. I have plenty THE LIFE OF DR. SAMUEL A. MUDD 145 of money for all my wants, clothing sufficient to last me a year or more. I am well with the exception of a pretty bad cold, and occasional rheumatic attacks. Give my love to Pa, Ma, and all the family. Sam. Fort Jefferson, Dry Tortugas, December 14, 1865. My darling Wife : I have received no intelligence from you since the letter dated November 7. In that I was led to hope for a speedy reunion. I fear you have been misled and caused cruel disappointment to visit me in this ungodly place; a new pang to my sufferings. We have not been visited by a priest up to this time. There is no minister of any denomination here, and no religious observation of Sunday or holidays. The colored regiment has only been partially relieved. Our fare has much improved since I last wrote, though treatment is the same. I received a trunk of clothing, cans of vegetables, tobacco and twenty-five dollars from dear Tom on the 3d instant. The clothing is finer than I need, besides I am not situated to wear them. You will please ex- press my thanks and gratitude to Tom when you again write. Did you deliver the message to Fannie I requested in a former letter, viz : to be more prudent in her writing? The last letter that arrived was not handed me on account of insulting language. She must have been aware that all correspondence is inspected pre- vious to the delivery to prisoners, and language preju- dicial to me or herself would be observed, and likely noted. Do caution her for the future, and allow noth- ing in your power to prevent, to be said or done having 10 146 THE LIFE OP DR. SAMUEL A. MUDD a tendency to prolong my misery. I have arrived at that point to which I would accept any terms for an immediate release, — even death I crave to a much longer protraction. So, my darling, try and prevent all language that is not likely to accomplish anything toward my relief. Spare no effort in endeavoring to bring before the Executive my entire innocence. You know well, my darling, could the truth be established, I should receive the thanks and applause of the nation instead of this cruel and unjust treatment. My dear little Tommy continues still unwell ; alas ! I fear I shall not be home in time to render him any benefit. I am in hopes I shall be spared this afflic- tion — the loss of one of our dear little children — by a merciful Providence. What I have already under- gone is beyond my power of expressing, and nothing but the consciousness of having done no wrong, but a duty, causes me to bear up against my adverse for- tune. Written in haste. Write soon. My heart yearns to see you, and the dear little ones. Good-by, my darling wife, my hope and comfort. Your husband, Sam. Fort Jefferson, Dry Tortugas, Florida, December 20, 1865. My darling Frank: I am well, things are "in statu quo." The weather is very warm — mosquitoes and bed-bugs very numer- ous and troublesome; coupled with this, I feel much disappointed at not being able to enjoy my Christmas dinner at home, as I have been led to hope. I have received no letters since yours of the 27th of November and December 5th. Since then I have written — this the third letter to you and one to Fannie. I have received no letter from you containing money, THE LIFE OF DR. SAMUEL A. MUDD 147 and for the future you need not bother yourself to send me anything, only as I may desire. You and our dear little children will require every dime to sus- tain you, and no doubt even then will suffer many privations and hardships. When you write, let me know whether you have succeeded in hiring any field hands or a cook for another year. Do all you can to avoid being an incumbrance to others, at the same time be careful to prevent actual want to self and our sweet little children — this thought occasions me more anxiety and suffering than any other. A steamer is coming in — I will await the mail before concluding. The steamer has landed, but brought no mail. How anxious I was that it would bring me the glad tidings of release; but I fear the Almighty thinks it would occasion me too much joy. My darling Frank, when I read the papers that I now and then receive I can see nothing to inspire me with hope regarding myself, or the restoration of peace and good feeling throughout the States. How much I desire the States to assume their proper rela- tion in the Union! Should I be released at this time I would be very much bothered to find a place where we could rest happy and content upon the habitable globe — so demoralized have become the people and insecure life, liberty, and prosperity. Nothing is re- liable in these times, and God only knows when I shall be suffered to return to you. I will likely be detained longer than you anticipate, to keep up the appearance of justice, or until excitement and agitation is allayed — so, my dearest, do all you can; let not the cares, which now press heavily upon you, lead you to unnecessarily expose your health and strength — con- sider the welfare of our dear little children and my happiness, should Providence speedily favor me. I am sorry I have nothing entertaining and inter- 148 THE LIFE OF DR. SAMUEL A. MUDD esting to relate — such would be a contradiction to this place of woe. Your devoted husband, Sam. The following is a copy of a letter written by my mother to President Johnson: Bryantown, Md., December 22, 1865. His Excellency, Andrew Johnson, President of The United States. Dear Sir: I hesitate to address you, but love is stronger than fear, timidity must yield. I must peti- tion for him who is very, very dear to me. Mr. Presi- dent, after many weeks anxious waiting for news from my innocent, suffering husband, Dr. Samuel Mudd, last night's mail brought the sad tidings, he Avith others, by orders from the War Department, were heavily ironed, and obliged to perform hard work. The plea for this cruel treatment is, that the Govern- ment is in possession of news of a plot, originating in Havana or New Orleans, for the rescue of the said prisoners. The food furnished is of such miserable quality, he finds it impossible to eat it. Health and strength are failing. To my poor intellect, it seems an ineffectual plan to put down a plot by avenging upon the prisoners the acts of others. I suppose Sec- retary Stanton knows better. It strikes me very forcibly, your Excellency is ignorant of this order. I saw you in September, and although I felt I was not as kindly treated as others, I looked into your face, and if it is true that "the face is an index to the heart,'' I read in it a good, kind heart that can sympathize with the sufferings of others. I marked the courteous manner you addressed ladies, particularly the aged. These things encouraged me to pray you to interpose THE LIFE OP DR. SAMUEL A. MUDD 149 your higher authority. The setting of a leg is no crime that calls for forgiveness. I ask you to release him, and I believe you will do it. I beg you in the name of humanity, by all that is dear to me, in the name of his aged and suffering parents, his wife and four babies, to immediately put a stop to this inhuman treatment. By a stroke of your pen, you can cause these irons to fall and food to be supplied. By a stroke of that same pen, you can give him liberty. Think how much depends upon you. You were elected the Father of this people. Their welfare is your welfare. Then, in the name of God, if you let him die under this treatment, he an American citizen, who has never raised his arm, nor his voice against his country, can these people love you? Forgive me, I speak plainly, but my heart is very sore. You say, "Women are your jewels," you hope for much from their prayers. I do not love you, neither will I ask the Almighty to bless you; but give back my husband to me, and to his parents who are miserable, — the wealth of my love and gratitude will be yours. My prayers shall ascend in union with my little children who are in happy ignorance, daily looking for the return of their "Pa." To Him who has said, "Suffer little chil- dren to come unto me," God of mercy I pray you, touch the heart of thy servant, make him give back my hus- band. Could you look into our household, it would give you a subject for meditation. In the Doctor's childhood home, there is his father, who is old and infirm. When he hears the name of his boy, his lips tremble, but he thinks it is not manly to yield to tears, besides, he has confidence in you. His mother has scarcely left her sick-room since his arrest. "She waits," she says, "to see him" ; then like Holy Simeon, "she is willing to die." Pass from this to my little household. I, a wife, drag out life in despondency. 150 THE LIFE OF DR. SAMUEL A. MUDD I, who was shielded from every care by him who is now suffering a living death, am miserable and have to battle with this overwhelming trouble. I am the mother of four babies, the oldest, seven years, the youngest, but one. The third, a delicate boy requiring constant care. I have confidence in you and feel you will grant my request. Very respectfully yours, Mrs. Dr. Samuel A. Mudd. Saturday 23d, 1865. My darling Frank : The steamer has remained until the present. I send you one or two moss-pictures as a Christmas gift, being the only thing in my power to transmit. You need not send any person to see me, for at present all intercourse and conversation with outsiders is inter- dicted, and it would only increase my suffering to be denied the pleasure and satisfaction of some kind friend or familiar face's company. I am well, but do not enjoy health. We have our Christmas dinner already in prospect, viz : canned roast turkey, sausage, oysters, preserves, fresh peaches, tomatoes, etc. Wishing from my inmost heart, you a happy, merry and joyful Christmas, I am, Your faithful, devoted and loving husband, Sam. Fort Jefferson, December 25, 1865. My dear Jere : To-day being Christmas, I shall endeavor in spirit to eat my dinner with you all, since Providence has decreed the denial of the reality. I can imagine the sight of all my little children, my dearest Frank and yourself, with the usual glass of egg-nog and sweet THE 1AFE OF DR. SAMUEL A. MUDD 151 things, seated around a happy fire with no thought to mar the pleasure and joy of the greatest Christian festival. This was not long since the happiest of my thoughts, but oh! how far from the realization. I hate to contemplate the time that yet intervenes. For the future, do not mislead me to hope for relief by a certain time when there is no certainty. It adds only a new pain to my already languishing life. Do all you can, say nothing when you know nothing can be effected ; avoid irritating and offensive language on all occasions, and with parties whose influence may be of avail, make known the false testimony and unfair measures resorted to in order to effect my conviction. I am very well. Our treatment is the same as when I last wrote. I received a letter from Fannie dated December 6, mailed the 13th, informing me of your inability to accomplish my release. I have felt considerable dis- appointment; try for .the future to save me this un- necessary anguish. Write often and send me papers. Lose no time in communicating the glad tidings should Providence favor your efforts. Love to all. Kiss Frank and all my dear little children. Good-by. Sam. Fort Jefferson, December 25, 1865. My darling Frank : I wrote to you on the 20th, and now again on this, that should be to us all a joyful festival, to let you know I am well, and have received through Fannie the intelligence of our mutual disappointment — the inability to effect the object of" my sincerest hopes, — a speedy reunion. I was much grieved to know that Jere thought it necessary to rent out the farm. I was in hopes you would be able to hire one or two good 152 THE LIFE OF DR. SAMUEL A. MUDD hands, and cultivate through old Uncle John's man- agement the land yourself, but, I know all things will be done for the best, therefore feel satisfied. Bear up, my darling, against all the adversities and calamities which have so suddenly befallen us, with Christian fortitude. I sometimes ask myself the question, "what have I done to bring so much trouble upon myself and family?" The answer is from my inmost heart — "nothing." I am only consoled to know that the greatest saints were the most prosecuted, and the greatest sufferers, although far be it from classing myself with those chosen friends of God. Would to God, darling, it was in my power to afford you some consolation in this, I hope, the darkest hour of our lives. I have endeavored to the best of my ability to lead as spotless and sinless a life as in my power. I have not omitted saying my beads a single day since living on this horrid island. We have not been visited yet by a priest, and I desire much to go to confession and communion and conform to all the requirements of our holy religion, yet I do not know whether I would be allowed this privilege should a minister of our church visit us at this time, since we are yet closely confined under guard and denied all intercourse with outsiders. Our duties are to sweep down the bastions of the Fort every day under a guard. Our condition is the same as when I last wrote. It is alleged my attempted escape has been the cause of our continued harsh treatment, but this can't be so, for none of the rest made the least move, and none of the party was there at the time. When the irons were placed upon us we were told they were only to be kept on while a steamer or vessel was lying at the wharf; but they have been on every day, and taken off at night since the first day they were put on. I am in hopes the day is not far distant when reason and law will take the THE LIFE OP DR. SAMUEL A. MUDD 153 place of passion, prejudice, and sectional hatred. So far as our conduct is concerned, none have been more quiet and submissive, although certain false statements and representations have been made. My sweet dar- ling wife, good-by. I am truly in hopes you have spent a more agreeable Christmas than myself. God bless you all. Samuex Mudd. CHAPTER IX PRISON LIFE) IN l866 — NEW YEAR'S DAY AT FORT JEFFERSON. Fort Jefferson, Florida, January 1, 1866. My darling Frank : To-day being New Year, I have no better means at my command of spending the time appropriately than dropping you a few hasty lines to afford you all the consolation that lies in my power. On the morning of the 28th, Bishop Verot, of Savannah, and the Rev. Father O'Hara arrived here about 6 o'clock. Soon word came that they desired to see me; my chains being taken off, I dressed in my best, and was soon ushered into their presence with my usual guard of honor. I found them preparing to say mass, and had the happy fortune of being present during the divine service. After service I had a short conversation with Bishop Verot and Rev. Wm. O'Hara. I received the con- tents of the letter formerly addressed to Father O'Hara by Sister Joseph — a cross, a scapular, etc. In the evening I had the pleasure of listening to a very learned and practical lecture from the Bishop. After the discourse, I repaired to my quarters, took my usual supper, said my beads, and enjoyed for a time a promenade up and down my gloomy quarters, when a rap at the door was heard, and my name called. On going to the door, I found our most pious and ven- erable Bishop had called to bid me good-by; he in- tended leaving in the morning. I had given the sub- ject of confession my attentive thought during the day, and remarked to the Bishop that I regretted I was Andrew Johnson FACING PAGE I ^4 THE LIFE OF DR. SAMUEL A. MUDD 155 not allowed the privilege of confession that evening; he said then, if I desired, he had the permission already accepted, and I had the satisfaction and happiness to confess to the Bishop. The next morning I went to communion. Mass was said by the Bishop, Father O'Hara serving as before. After mass I bade the good and pious old man good-by, and received his blessing. I have not language at my command, my darling, to express the joy and delight I received on the occasion of this unexpected visit. Father O'Hara will remain a week, and I am in hopes I will have the happiness of again communing before he departs; I have made application. I heard mass yesterday. There are many Catholics among the citizen laborers, and we have quite a large congregation, nearly all going to communion. I have now, my darling wife, but one affliction, viz : uneasiness of mind regarding you and our precious little children. Imprisonment, chains and all other accompaniments of prison life, I am used to. I believe I can stand anything, but the thought of your dependent position, the ills and priva- tions consequent, pierce my heart as a dagger, and allow me no enjoyment and repose of mind. I have apprehensions from the idle, roving, and lawless negroes that roam unrestricted through the country. Be careful, my darling, and be ever guarded. The papers I notice are filled with horrible, most infamous and degraded crimes perpetrated by these outlaws. When you write, inform me what disposi- tion is made of the farm, horses, cows, sheep, etc., and whether any portion of land has been reserved for yourself to cultivate. Will Old John remain with you, or Albin? Consult, my dearest, with Pa and Jere, and try to remain comfortable and free from a dependent position. Give me all particulars that you deem worthy, and that can be written with propriety, 156 THE LIFE OF DR. SAMUEL. A. MUDD for letters are inspected before handed to us. Disap- pointment produces more pain than the pleasure of hope or release, so my darling when you write again, say nothing illusive, and advise Henry and Fannie to refrain from alluding to what is not certain or reliable. It is all supposition, and I can suppose as well as they. The Court who sent me here, I know well never con- templated the carrying out of the unheard-of sentence, considering the slight foundation for even the suspi- cion of crime, so, my darling, I do not stand in need of any of these vagueries. Life and everything in this world is uncertain and changeable, and we little know what other trials and crosses Providence may have yet in store for us. I have endeavored to the best of my ability to conform to all the duties required by our holy religion; my conscience is easy, and if death should visit me here (which I pray God to deliver me from), I am in hopes it will not find me unprepared. Live strictly agreeable to the dictates of your con- science and religion, and the trials we have endured may yet rebound to our earthly advantages ; if not, I am in hopes we will meet in heaven. I forgot to men- tion previously I had also the privilege of making the jubilee. The month of December was appointed by the Bishop for the province. Tell Henry and Fannie I will answer their letters by next mail. I fear a copy of a former letter of Fannie' s has been sent to the War Department, at least a copy was made of it. The Pro- vost Marshal so informed me. I know not whether it was sent to the War Department. I fear imprudent talk and writing will yet dispose the mind of the Presi- dent not to listen to your appeals in my behalf. Be careful, my darling child, and refrain as much as possible from expressing any angry indignation toward the ruling powers, or using opprobrious epithets toward my known prosecutors. Such con- THE LIFE OF DR. SAMUEL A. MUDD 157 duct can have only the tendency to protract my stay here by keeping up agitation and excitement, if noth- ing else. Parties can have but little regard for my welfare, who are ever indulging in idle and injurious expressions. I feel that I should be perfectly satisfied to remain the balance of my days only in your and my little ones' company. My constant prayer is — God be merciful to us and grant me a speedy release, and a safe return to my family. Write often, don't await answer, for months would intervene between the recep- tion of letters. How much I regretted to learn of the sad accident that occurred to your old home. My heart is often softened by the memory of our happiest days. It was within its hallowed walls that we first indulged in the hope of a blissful future, but alas ! to what gloom have we arrived. Good-by, my darling wife and little children. Yours devotedly, Sam. Fort Jefferson, Florida, January 2, 1866. My dear Fannie : The last letter I had the pleasure of receiving from you was dated the 6th of November — the previous let- ter was withheld on account of its objectionable con- tents. The offensive matter was read to me, though none of the family news. I knew, my dear Fannie, you intended no insult to any of the just and proper constituted authorities of the Government in your remarks, but the unworthy servants who scruple not to misconstrue and falsify — having for their chief motives the hope of honor, and the selfish lust and thirst for gain. It would be best for the future, Fannie, since words are of no avail, to 158 THE LIFE OF DR. SAMUEL A. MUDD abstain from all criticisms — give me only the family and neighborhood news. There has been no amelioration in our treatment since I last wrote, with the exception that our fare has much improved. Our Commandant is named B. H. Hill, formerly colonel, but now brevet brig.-genl. It was unnecessary to mention what knowledge you had of his disposition toward me — no word or sign of recognition has passed between us or any of his staff officers since he has been in command. Whatever opinions he may have formed concerning me, I did net wish or desire you to give any expression; I prefer leaving all abstruse matters to the solution of time. The opinion of one pro or con can effect but little whilst it is quiescent — it is only when the sympathies of good or evil are aroused, when good or evil is ac- complished. Be careful, therefore, in your comments, lest you produce an antagonism, which certainly will not tend to shorten my stay at this woeful place. I have had the happiness to go to confession and communion — I have given all particulars to dear Frank. Bishop Verot and Father O'Hara visited us on the 28th. When you write to Cousin Ann, tell her I have received the contents of the letter she sent Father O'Hara. The Bishop is a most saintly man, plain and unassuming as an old fiddlestick. Father O'Hara is also a very pious man, and is quite a fine preacher. I feel easy in spiritual matters, but not in the temporal. Frank and the children cause me more uneasiness and suffering than all the miseries of im- prisonment. I am truly in hopes she will have the strength to bear up against our present misfortunes and discomforts. When you write tell me if the ne- groes have committed any outrages in the neighbor- hood or county. Father O'Hara will be stationed at Key West, and will visit this place once every four or THE LIFE OF DR. SA3IUEL A. MUDD 159 five weeks. You can write to him and make what in- quiries you deem necessary regarding our present con- dition. I don't wish you all to make any more ap- pointments without first and foremost enabling me to comply. You know how slowly the time passes when something pleasant and agreeable is in anticipation : the days and even the hours are counted, preparations and expense are made and incurred, then comes a put off, and finally a smash up — crushed hopes and nasty feelings. This I think is a picture of what has been presented to me. My dear Fannie, I have lost all my sugar teeth, and don't stand in need of sweets — I like something stable and real — no friend to sugar-coated pills. If you have anything reliable, sufficiently so to allow you to fix a time, I would like much to know it, but where everything is so indefinite and dependent, I much prefer no allusion to the subject. When you write, inform me whether Ewing is interesting him- self in my behalf. Be guarded and say nothing in your letters that may be used to my detriment by the evil disposed. Adopt the principle of do much and say lit- tle. I was much grieved to hear of the death of Mr. Miles. I am in hopes he is better off than being in this world of strife and degradation. I was also much pained to hear of Pa's loss on Jere's place, the destruc- tion of the dwelling. I am afraid Pa will worry him- self too much about his present misfortunes and trials. Try, dear Fannie, to comfort dear Papa and Ma as much as in your power. Excitement, agitation, etc., bring about many bodily disorders and predispose to disease, so do all you can to soothe in trials and tribu- lations that now press so heavily upon us. Let me know whether Pa has succeeded in hiring any hands for this year, and what disposition is made of my place, and what Frank contemplates. I have heard 160 THE LIFE OF DR. SAMUEL A. MUDD nothing of the particulars of your and Frank's visit to Washington — only the fact. You need not tell me, if prudence dictates. Frank has never, in the letters I received from her, made any reference or allusion, and presume her silence was influenced by prudential mo- tives. Tell Henry his three months will have nearly expired by the time this reaches you, and certainly before an answer reaches me. His letter was dated October 30, so the end of the present month will com- plete the period. All is surmise and speculation. An early release on my part would be a virtual acknowl- edgment of the injustice of the court martial; there- fore, my conclusions are — I will have to remain here some time yet, to keep up appearances. Give my love to dear Ma, Pa, and all. I will not be able to answer Henry's letter before the next mail. It is impossible for me to answer every letter by the same mail. I have but a few minutes al- lowed me now for writing, generally by dim candle light, and can't be select in my language, or. writing. Tell dear Frank that I either write to her, Jere, or some of you, every mail, and a letter to one must be considered for you all. Likely some of my letters have been held back like yours on account of objec- tionable contents, for I am confident not one boat has left without my writing to some one of you. Give me all the neighborhood news. You have taken a fancy to your neighbor's wealth, what will be next on the pro- gram? Give particulars of all my dear little children and dear Frank. Remember me to all friends, etc., and believe me, Your most devoted brother, Sam. THE LIFE OF DR. SAMUEL A. MUDD 161 Fort Jefferson, January 22, 1866. My dearest, my darling Wife: I will now attempt a description of myself, having exhausted in this and all previous letters all other sub- jects. I am beginning to realize the saying of the Psalmist — "I have grown old in my youth," etc. Im- agine one loaded down with heavy chains, locked up in a wet, damp room, twelve hours out of every twenty- four during working days, and all day on Sundays and holidays. No exercise allowed except in the limited space of a small room, and with irons on. The atmos- phere we breathe is highly impregnated with sulphuric hydrogen gas, which you are aware is highly injurious to health as well as disagreeable. The gas is generated by the numerous sinks that empty into that portion of the sea enclosed by the breakwater, and which is im- mediately under a small port hole — the only admission for air and light we have from the external port. My legs and ankles are swollen and sore, pains in my shoulders and back are frequent. My hair began fall- ing out some time ago, and to save which I shaved it all over clean, and have continued to do so once every week since. It is now beginning to have a little life. My eyesight is beginning to grow very bad, so much so that I can't read or write by candle-light. During the day, owing to the overpowering light and heat, my eyes are painful and irritated, and can't view any ob- ject many seconds without having to close or shade them from the light. With all this, imagine my gait with a bucket and broom, and a guard, walking around from one corner of the Fort to another, sweeping and sanding down the bastions. This has been our treat- ment for the last three months, coupled with bad diet, bad water, and every inconvenience. The greatest wonder is, that we have borne up so well. The weather 11 162 THE LIFE OF DR. SAMUEL A. MUDD here since the beginning of the winter has been as warm as summer with you. The inhabitants are nearly always in their shirt sleeves and bare feet. There has been no time yet that a person could not sleep out com- fortably in open air, when raining all night. It sounds strange to read of heavy snows and persons freezing to death, in the papers. I am truly in hopes, my darling, you and my precious little ones have not suffered from the want of fuel, and the necessary comforts of life and health. Try, my darling, and do not expose your health — consider the welfare and the duty we owe to our children. Save them, if possible, from being- thrown upon this cold and heartless world, uneducated and ignorant of the debt they owe the Supreme Ruler of all. With the picture I have presented, you no doubt think I enjoy no pleasure or comfort. This, my dearest Frank, is not the case. My principal consola- tion is the knowledge of having no responsibilities im- mediately, other than the salvation of my own soul. Be assured then that I have done all that laid in my power toward that end. I have already written you concerning the visit of the Bishop of Savannah and Father O'Hara, now stationed at Key West, to this place. I have received no tidings from the letter you sent containing money. I received the contents of the letter forwarded to Father O'Hara. I sent you some time ago a ring, containing a silver set of a cross and four little diamonds in the center, and on each side a heart. Let me know whether you received it or not. Love to all. Sam. Fort Jefferson, Florida, January 28, 1866. My darling Wife: I had the happy consolation on the 26th of receiv- ing four letters, and being relieved from the horrible chains. The letters were, one from Cecie, one from THE LIFE OF DR. SAMUEL A. MUDD 163 Jere, and two from your sweet self. I was much re- joiced to know that you were all well, and that our precious little boy was convalescent, or fully recovered. Jere spoke of Pa and Ma's health being yet very bad. I am afraid affliction is the cause. Try, my darling, to cheer and console them all in your power. They are the only friends I have on earth, and the only tie that binds me to the land of my birth. Tell them, my dar- ling, though absent, they are not forgotten, and the truly Christian lessons imparted during my youth, now more than ever, are being appreciated and practiced. I wrote to you and Henry some days ago. The letter was returned on account of containing some ob- jectionable matter. I have written twelve or fifteen letters to you and home folks since Christmas. I pre- sume they have been forwarded to you, since they were not returned. I have no direct knowledge. Letters are likely delayed on account of having to undergo ex- amination. I have never failed to avail myself of every opportunity to write to you ; duty as much as love and pleasure prompts me to do so. Be actuated by similar motives, and, my precious one, I shall be satis- fied. Hoping to hear again shortly from you, and that you may be able to communicate the realization of my brightest dreams, I bid you a sorrowful adieu. Your devoted husband, Sam. President Johnson having received my mother's letter of the 22d of December, 1865, issued an order for better treatment toward my father and his companions in exile. This order having reached those in command, the prisoners were relieved from their chains and given better quarters for a time. 1G4 THE LIFE OP DR. SAMUEL A. MUDD Fort Jefferson, Tortugas Island, February 8, 1866. My dear Jere: I received your very kind letter of the 26th of Jan- uary last. I was in hopes ere this, from representa- tions made, that I would be bounding the billows of the wild ocean with home my happy destination. I sup- pose it is decreed otherwise. I must be resigned. I have nothing new to report other than we have been relieved of our chains, and some interest manifested for our general well-being. Please forward to Frank after reading. Write soon, remember me kindly to all friends, and believe me, Most sincerely your brother, etc., Samuel A. Mudd. Fort Jefferson, Florida, February 18, 1866. My darling Frank : I received yesterday two letters, dated January 25 and February 3, though bringing me nothing definite. I was much consoled to learn you were all in the en- joyment of good health and spirits, and possessed with brave resolutions to bear up bravely against our pres- ent adversity. Continue, my darling, upon this happy course, and God, I am in hopes, will crown our efforts. You (invariably) mention in your letters that the time is but short that I have to remain ; afterward you remark, "Should weeks and months pass without re- ceiving a letter," etc. I want you to state in your next what you consider a short time. I am becoming tired of these expressions, because they don't comport with my reckoning. Perhaps you call one, two, or three years short — it seems very short after it is passed, but distressingly long to view in my present position and condition — "in fiituro" It generally requires from twelve to fifteen days for a letter to reach me, and THE LIFE OF DR. SAMUEL A. MUDD 165 about the same time one from you, so you can judge at what time it would take me to get home after my release was known to you — fully six weeks would in- tervene, not short. Our chains have been removed, our quarters changed to a healthier locality, and our fare much improved, so I have hopes of a prolongation of the thread of life. Be assured, my darling, nothing will be done willingly on my part to endanger health, or the violation of any rule or order having a tendency to prolong my stay here. You need not bother yourself about sending me money. The clothing sent me, I have no use for, and I can convert them into something to eat, should I re- quire. I have not worn any of the clothing sent me ; my occupation not being very clean, it would be the height of nonsense to wear them. Write soon. Remember me to Cousin Betty, my precious babies, Pa, Ma and family, and Old Uncle John. I will write to Mr. Best by the next mail. Good-by, God bless you and our dear little ones. Your husband, Sam. Baltimore, February 18, 1866. Dear Frank: On my way up, I stopped in Washington to see Ford, but learned he was not in the city, so yesterday I went over and had a long interview with him. He told me he had a long interview with the President the day before, and had every assurance he would release Sam at the earliest moment he could consistently do so; the President also remarked to him, he (Sam) was a mere creature of accident, and ought not to have been put there, but in the present state of political ex- citement he did not think it prudent in him to take any action, as it would be another pretext for the radicals 1GG THE LIFE OF DK. SAMUEL A. MUDD to build capital on. He also stated that the issue be- tween the President and the radicals would be made in a few days, and if they still persisted in their ex- treme measures, he would then take a decided stand against them ; so, my dear Frank, you will still have to exercise the virtue of patience yet awhile longer. I have not the least doubt that Sam will be released as soon as Johnson can do so with propriety, and I really think the day is not far distant. These are my own opinions from information derived from different sources, which I will explain to you when I come down, which will be the 8th of March. Let me hear from you as soon as you receive this, and tell me all the news, and tell me how you are getting along. Your brother, Washington, February 22, 1866. My dear Madam : It is not yet time to move in your husband's case. The Supreme Court will try and decide the question as to the jurisdiction of Military Commissions, in a case from Indiana, on the first Monday in March. Let us hear their decision before anything is done. We are all glad to hear from you, and to know that you are bearing your trials bravely. Very respectfully yours, Thomas Ewing. Fort Jefferson, Florida, February 28, 1866. My darling Frank : In all of your letters you seem animated with hopes of an early release. It can't be so, after perceiving the vindictive hate which has followed me to this place. My attention was called some days ago to some "ex post facto" statements made by Captains Dutton and THE LIFE OF DR. SAMUEL. A. MUDD 167 Heichman. I can't divine the motive of the author or the prosecution in appending these affairs and unjust fabrications after my trial, because they do not give me a chance of refutation. To hold me responsible for such, would be equivalent to the denial of all justice, and all that would be necessary to condemn a man would be first to bind and gag him, then allow his ene- mies to come forward and make their accusations. This is the exact proceeding in my case. In the letter to Jere I wrote in relation to this, fearing he might not receive, I again make mention, and request you to confer with General Ewing or Stone in regard, and let me know what, if any, bearing it has upon my case. It is not my wish to agitate the matter, knowing it will have no tendency to benefit me. All I wish you to do is to speak to my counsel, and act under their wise instructions. Your ever devoted and loving husband, Samuel Mudd. Fort Jefferson, March 3, 1866. My darling Frank : Mail arrived this morning, being the second with- out bringing any intelligence from you or friends. You must know my anxiety upon the arrival of every mail, and disappointment when receiving no tidings. The mail will leave this evening. Father O'Hara ar- rived here this morning, and I learn will return this evening without affording us an opportunity to go to confession; his visit was to the sick. I have no time to say more. Give my love to all. Write soon and pray for a speedy release. Hoping you and our dear little ones are well, I am most truly and devotedly, Your husband, Samuel. Mudd. 168 THE LIFE OF DR. SAMUEL A. MUDD Fort Jefferson, March 13, 1866. My darling Frank : Since the reception of the last mail, I have been ani- mated with greater hope of speedy release on account of the firm and decided policy of the President and his endorsement by the people. The President thought, and wisely, that time enough had been given Congress to fully appreciate the public needs ; they not acting, every lover of peace and good-will has justified him in taking the initiatory. God grant that his plan may be accepted and acted upon by Congress in the true spirit, and quiet once more be restored throughout the land. When you write or see Jere again, tell him for me, to go and see Colonel or Judge Turner of the War Department in reference to what statements and lan- guage I made use of on my way to this place. I was often in his company. I did explain to him all I knew, which was nothing more than I wrote to Jere on a for- mer occasion. Hoping the great mystery will soon be cleared up, and an honorable release my portion, I am, Your loving husband, Sam. Fort Jefferson, Florida, March 17, 1866. My darling Frank : I know not how to express my indignation con- cerning the unfairness of the detectives, the Court, and the subsequent action of parties in append- ing false and injurious statements after my trial, when they know it was not in my power to refute by a legal proceeding, or to make denial without using lan- guage deemed improper. You, my darling, are differ- ently situated ; you have liberty of action, and for your theme the changes that every fleeting hour makes in your midst and the surrounding world. These you sel- THE LIFE OF DR. SAMUEL A. MUDD 169 dom ever advert to, nor do I find the paper well used up in the matter it contains. I, however, my loving one, find no fault, believing- you influenced by motives of discretion, and the duties that now press upon you a sufficient cause. I am now becoming of the opinion that it would have been better for me had I never written a word since being here. I certainly would have been as well off, if not better, for I fear it has caused indignant feelings, and words which are not tol- erated at this time, only to a privileged set. Wm. L. Garrison's remarks, which I see quoted in the papers to-day, are as revolutionary as any that animated the rebellion. But enough, I have no news for the fu- ture, you must be satisfied with the fact that I am well. It is the only pleasure I have in this lonely place to write to you, and make known many of my sorrows and difficulties, as I have none of joy to relate you. I think it best for you to leave my case entirely in the hands of my counsel and friends. If you can see Judge Crain, I am confident he would, at the word, lend you his aid in my behalf. I saw his name as chairman of a committee in Baltimore to present certain resolutions to the President. Hastily written, Sam. Fort Jefferson, Florida, March 22, 1866. My darling Frank : I have just written to Cecie, and am now hastily dropping you these few words to let you know that I am well, and to comply with a precious promise to write every opportunity. I am entirely without news, and I find it impossible to gratify your desire for a long letter without adverting to matter which has no connection with us. Criticism is objected to; there- fore, my precious one, accept the will for the deed. 170 THE LIFE OF DR. SAMUEL A. MUDD How much I desire to communicate to you something consoling and cheering and free you from the many anxieties and hardships that bother both mind and body, but such unhappily is not in my power. Even the little bird that has strayed away from a more con- genial clime, and finds a resting-place here, loses his song, and shows evident marks of despondency. With us all is gloom and monotony, no pleasant change of scenery, or anything new to divert the mind or body. Mail arrives about once in ten or fifteen days, and the papers bring us nothing but stale news, which serves to occupy the mind but a few hours. I am very anx- ious to hear from you, and when a mail arrives with- out bringing any intelligence, I feel more heavily my exile. My darling Frank, I have but one desire, namely : to be with you and see our dear little children properly trained and educated. Fannie writes gloomily of af- fairs now in your midst, and I fear, unless kind Provi- dence intervenes, great suffering in the community must ensue. God grant that you may be spared, and that I may be allowed soon to contribute my feeble strength toward your support and protection. Be assured, my sweet Frank, you are the object of all my thought and solicitude upon earth, and my fond- est dream is the hour when I shall bid adieu to this land of exile, and fly to the bosom of you, and our pre- cious little family there, never more to part. God speed the time is my daily prayer. Give my love to Pa and all the family, Cousin Betty and Uncle John. Kiss the children for me and believe me most fondly and af- fectionately, Sam. Jni CHAPTER X PRISON UFT; IN 1 866, CONTINUED DESCRIPTION 01- EORT JEFFERSON. Fort Jefferson, Tortugas, Fla., March 31, 1866. My darling Frank : I am just in receipt of yours of March 7, and feel much disturbed at the wretched condition of affairs existing in your midst. Sooner or later the wrath of the Almighty will fall upon these public plunderers and destroyers of the liberty, peace, and happiness of our best citizens. You spoke of Thomas being implicated or strongly suspected. I am in hopes his day of retribution is nigh. He is no doubt the principal source (fool as he is) of my ruin and present unhappy state. I am truly sorry for poor Padgett and 'Squire George. Negro evidence was brought against me, why can't it be used against Thomas? "It is a bad rule that won't work both ways." The picture above presents an easterly view of the Fort. No. 1, marked in ink, shows you the location of our quarters. These three marks are loop holes, about four inches wide on the inside and two feet outside — about seven feet above the floor, serving better the pur- pose of ventilation than agreeable breeze. The door below is the sally port, and is the only entrance to the Fort. No. 2 is the lighthouse; 3, officers' quarters; 4, prisoners' quarters; 5, Logger Head Lighthouse, about three miles distant ; No. 6 represents Hog Island, a turtle, and a barrel used to carry water to hogs. Turtles are frequently caught weighing two or three hundred pounds. 172 THE LIFE OF DR. SAMUEL A. MUDD In yours of a prior date you remarked that you would in the course of a few weeks visit Washington and Baltimore. By the time this reaches you I expect your tour will have been completed, and if nothing ac- complished toward my release, I am in hopes you will have nothing to regret, but, on the contrary, your health and spirits much invigorated by the reaction of both mind and body, which no doubt the observance of Lent, the cares of family, changeable weather, bad colds, etc., has tended to depress. This, together with the advent of stuffed ham, boiled chicken, the spring- ing into life of numerous salads, will brace you up to bear more bravely the vicissitudes of your present con- dition of life. With us the virtue of necessity is ever our privilege, and on the principle of nature accommo- dating itself to circumstances, finds me no worse off at the end than in the beginning of Lent. My health con- tinues good, and without the intervention of yellow fever, cholera or some other dread malady, may sur- vive a while longer. Art often overcomes and subdues nature. A ball can be made to roll up a hill. My disposition is under- going a change. The virtue of resignation to an ad- verse and unjust punishment is rapidly dying out within me, and a different spirit supplanting. God knows I try to control these emotions, but it seems almost in vain. History often reverses itself. Pilate, fearing the dis- pleasure of the multitude, condemned our Lord to death. Is not mine somewhat an analogous case. Ow- ing to the excitement and influence prevailing at the time of my trial, I could excuse much ; but since time has elapsed for a sober, dispassionate consideration of the matter, I am becoming vexed at my protracted exile. I suppose it is all human. I am truly grieved to hear of Mother's bad health — THE LIFE OF DR. SAMUEL A. MUDD 173 would that I could prescribe something to cure or re- lieve. I know nothing of her condition or disease, con- sequently can advise nothing without the risk of doing more evil than good. God grant it may be in my power soon to come to her aid. I must now, my dear Frank, reluctantly conclude by advising your best dis- cretion in the selection of parties to represent my case. I fear those who have been making you such fair prom- ises are influenced principally by selfish motives and have no real personal interest of mine at stake. I leave you and friends judges of the matter; but it strikes me, the party in whom you have been confiding is guilty of child's play, and should no longer be esteemed an adviser and friend. Use more care in writing, and give me all news correct. Let me hear further in rela- tion to these incendiaries. Your disconsolate husband, Samuel Mudd. Fort Jefferson, Florida, April 8, 1866. My darling Frank : I am very well, and the island continues quite healthy. Yellow fever and cholera are reported pre- vailing at Key West about sixty miles distant ; precau- tions have been taken to prevent its introduction here. I received no letter from you by the last mail. I wrote to you on the 22c\ and 29th, also to Sissy. Give my love to Pa, Ma, and all the family, Cousin Betty and Mr. Best, and kiss all our precious little children. I have not time to say more. Hoping we may be spared further afflictions, and our unhappy situation about ended, I am most affection- ately and devotedly, Your husband, Sam. 174 THE LIFE OF DR. SAMUEL A. MUDD Baltimore, April 9, 1866. Dear Frank: This is the first opportunity I have had since my re- turn to write you. I had a long talk with Judge Grain yesterday, and he has promised to get for me the de- cision of the Supreme Court. It is generally believed that they have decided there was no law for trying- civilians or persons not attached to the army by mili- tary courts. He has gone to Harford County to at- tend court, and will not be back before Friday. He promised me when he returned he would go to Wash- ington, and get Reverdy Johnson, as he knew the Pres- ident was very fond of him, and try to get the Presi- dent to release Sam ; and if he would not do it, he thought he probably could be gotten out through the courts, if the decision of the Supreme court is as rep- resented, which there seems to be no doubt about ; but they are keeping it from the people for political rea- sons. I myself am very sanguine of being able to do something for him in a short time. We will probably have to send a lawyer to Florida to get out a writ, but I hope to be able to accomplish his release without go- ing to any more expense. You may rest assured I will not let the matter rest if I find there is any chance of doing anything for him. When the Judge returns, I will write you and give you all the information I can get. Brother JerE [Dyer]. Fort Jefferson, Florida, April 16, 1866. My darling Frank : We received papers as late as the 3d instant, and were much delighted to see the veto message of the President upon the Civil Rights Bill and the Proclama- tion of Peace, restoring the equal rights of all States THE LIFE OP DR. SAMUEL A. MUDD 175 throughout the South, and the suspension of all mili- tary proceedings in civil cases. I am anxiously awaiting the good news promised in your letter. I was a little indisposed a few days ago, but have fully recovered upon hearing all was well with you. The mail will leave this evening, and my letters have to be examined; unless I am short, it may not meet with approval. Your husband, etc., Sam. Fort Jefferson, Florida, April 27, 1866. My darling Frank : I wrote to you a few days ago in anticipation of a departing mail. To-day I received letters from Fannie, Henry, and Doctor Blandford, and was much grieved to learn that you were all much disturbed at the appearance in the papers of a lying re- port concerning myself. It seems to be the intention of prejudiced parties not to let the effect of a slander die out without birth being given to another. I have not had a dozen words with a commissioned officer since the present regiment had command of the Post, therefore I could not have been very "querulous." I have not been reticent without a motive. My health has been better than might have been expected. I am not as strong as I might be, for the want of proper ex- ercise. We are under guard all the time, and no exer- cise allowed except in the performance of duty, which is very light. I can perform all I have to do in a couple of hours. We are confined to our room on Sundays and no exercise allowed. My duty is simply to sweep down the bastions once every day. I am very well, and anxiously awaiting relief from my unjust banish- ment. Your devoted husband, Sam. 176 THE LIFE OF DR. SAMUEL A. MUDD Fort Jefferson, Florida, May i, 1866. My dear Cousin : We received yesterday the box containing all the articles mentioned, in good condition, for which we are under many obligations of gratitude. Accept my kindest thanks. We are all very well and possessed of the liveliest hopes for a speedy release, through the mer- cies of a kind Providence. I am entirely without news. I wrote to you early in March, and returned the cards pressed with moss agreeable to request; since then I have received no intelligence from you. I have letters as late as the 12th of April from my family ; they were well, and more prosperous than I could reasonably suppose. Don't forget to thank Cousin M. for her kind present of books. I will not have time to write to her by this mail. Enclosed I send you a few moss- cards. I am sorry it is not in my power to send some- thing worthy of your kindness. I shall say to-day a pair of beads for your intention. The weather is ex- ceedingly warm here ; two were nearly overcome from the effects of heat yesterday. Up to this time I have heard of no fatal termination in consequence. Hoping to have the pleasure soon of greeting you in person, I am most truly, Your cousin, etc., Samuel Mudd. From Carmelite Convent, Baltimore, Md., May, 1866. Cousin Jere : After reading this letter, please send it to Frank ; it may be later news than she has had. I am glad the things reached them in safety. They were a long time on the way. Sr. Joseph. THE LIFE OF DR. SAMUEL A. MUDD 177 New Orleans, May n, 1866. Dear Sam : I have sent box containing canned fruits, etc., also enclosed thirty dollars. Anything you need that the authorities will permit, inform me and I will forward to you. Frank and the children are well, also your father's family. I think you may expect relief in a short time. Trusting to hear from you, believe me, Truly yours, Thomas O. Dyer. Dept. General's Office, May 10, 1866. The commanding officer at Dry Tortugas will please permit Dr. Mudd to receive this letter with the en- closed thirty dollars. By order Major General Sheridan, C. D. McCafpey, Capt. & Pro. Mar. Gen'l. Received of the within thirty dollars, the sum of twenty dollars, to be paid in installments. F. Robinson, 2d Lieut. Fort Jefferson, Florida, June 2, 1866. My darling Frank : I received yours of the 7th to-day, and beyond the fact that Andrew has recovered from his accident, and that you are all well, etc., imparted but little satisfac- tion. I want no applause, no ovation, on my way home, should Providence vouch the favor. On the contrary, I desire more than ever quiet and content- ment in the bosom of my precious little family. I feel that I have complied with every duty to God, to man and to the Government. My conscience rests easy under all the grossly false and frivolous charges, 12 178 THE LIFE OF DR. SAMUEL A. MUDD notwithstanding their approval by an unjust, bigoted, and partisan Court. I scorn the idea, the doctrine that the innocent should suffer to satisfy a bloodthirsty and vindictive people. Was Pilate justified in sanctioning the death of our Saviour to appease the wrath of the multitude, who cried out for his blood? They who contend that the multitude, the mob, must rule, though innocence and justice be trodden under foot, are walk- ing exactly in the footsteps of poor weak old Pilate. Spare me from the many kisses — they bode no good, and the many promised visits deliver me from. These things instead of having the effect you intended, namely: to bear up my spirits, etc., having served only to embitter. You are wrong to tolerate any such sen- timent or interpretation — it only coincides with, or con- firms, the verdict of the Court, who sentenced me to this hell. I know, my darling, you never intended or thought such an interpretation could be implied. For the future, give me only family, and neighborhood news. You need not say anything upon the subject of my release; for, instead of lessening, it has increased the bitterness of my banishment and close confinement. I should sooner see, than hear talk of it. I would sooner not be told and promised so often, and then not to see it. Your husband, Sam. Fort Jefferson, Florida, June 10, 1866. My darling Frank : I received yesterday a letter from Cousin Ann, ap- parently reflecting your opinions, protracting my stay in this hell for several months longer. Thus I am led like an infant beginning to crawl. Phantom-like, at the moment you arrive at the summit of all your ex- pectations, and are about to grasp the coveted prize, it vanishes, or is seen only in the distance. The vagueries THE LIFE OP DR. SAMUEL A. MUDD 179 which you and others had so implicitly relied upon as certainties, and which were innocently imparted, or intentionally to stimulate hopes, have had their react- ing influence. I do not wish to be considered a scold ; you know my temperament, that I am naturally nerv- ous and excitable — to such there is perhaps no greater or more painful state of trial than that occasioned by severe and long suspense. When we know precisely what we have to endure, we can usually call to our aid the needed strength, and submission ; but a more than ordinary patience and forbearance is necessary to en- able us calmly and tranquilly to await the approach of an important period, containing within its fleeting hours the promise to us of life's sweetest joys in doubt — our reunion. One moment hope usurps the misery and promises happiness ; we smile, breathe freely, and banish care and anxiety; but an instant more, and some word, look, or even thought changes the whole aspect, clouds take the place of smiles, the heart heaves with apprehension, fear is awakened, and in proportion as we have cherished a confident pleasure or joy, are we plunged into the agony of doubt and disappoint- ment. You are not alone, my darling, in contributing to these emotions ; nearly every letter received the past seven or eight months has had the tendency to lead me to expect release at an early day; and that I should now feel indifferent toward the reception of such let- ters, is only the natural consequence of a nervous sen- timent and feeling. In my last I came to an abrupt close, the mail going off sooner than I expected. I had not time to say all that I intended, and to qualify that which I had writ- ten, therefore, have fears you will mistake its purport. You spoke of the sympathy of friends, etc. Their kind wishes can never do me any good so long as I am here caged ; on the contrary, I fear you do me harm by the 180 THE LIFE OF DR. SAMUEL A. MUDD expression of any opinion favorable to the President and his policy. This was hinted at some time ago by a member of Congress, viz : "Even the conspirators were favorable to his (the President's) plan of recon- struction." You will do well, my darling Frank, since you know every word and act is so grossly miscon- strued, to cease all utterance upon political subjects and adverting to the sympathy of friends in my regard. I assure you I do not desire it. After all, it may be only flattery, passing away an idle moment, or dissimu- lation. Acts of indiscretion are often committed by a too-confiding nature. Spurn those who would seek to elevate pride. My darling Frank, I had promised myself long ere this the possession of more joy and happiness upon our second reunion than realized at the first. We know each other better, thus better able to reciprocate and appreciate our mutual love and affection ; besides sur- rounded by our precious little children, naturally binds us more closely, and will inspire us with every devo- tion of love and gratitude to promote their welfare. So confident was I at one time, that I did not deem it necessary to write, believing that the arrival of the next steamer would take me rejoicing to your fond em- brace. It is now two months or more since the decision of the Supreme Court was rendered; time, I would say, sufficient to ascertain its application and bestow its benefits, yet hearing nothing definite in relation, leads me to many conjectures. I am well, but you can better imagine than I can express, the animus of a being who has suffered so long the alternations of elevation and depression of spirit. Don't send any more of my let- ters to outside parties, and have as little to say as pos- sible to the inquiries of others regarding me. Stone THE LIFE OF PR. SAMUEL A. MUDD 181 and Ewing seem to be doing nothing. I have never received a syllable from one of them. Try, my darling Frank, to give me as correct an idea of affairs as prudence will permit. Judging from the newspapers, I think matters look quite hopeful, and I can't bring myself to believe that I will be here a month longer. I received a box of eatables and thirty dollars from dear Tom on the 30th of May. This is the third letter I have written to you recently. Father O'Hara paid us a flying visit a few days ago, not in a ministerial capacity; he being called away by the Bishop. We will have no minister here again before November next. He told me he had received a letter from you, and handed me money in compliance with your request; but I was well supplied, and returned him thanks for responding to your ever-solicitous at- tention in my regard. Your devoted husband, Sam Mudd. Baltimore, June 13, 1866. Dear Frank : On my way up last Thursday I stopped in Wash- ington, and had a long talk with Wood,* and he re- quested me to say to you, he had given you his word to do all for Sam in his power, and he never falsified his word. He told me he would give me a letter which he knew would be of great service; he was then very busy, and preferred not writing until he could take the time to write in such a manner as would be satisfac- tory to himself and us. He promised to try and write it on Sunday, and let me know as soon as he got it ready, but I have not yet heard from him. Ford [John T. of Ford's Theater] told me yesterday he had engaged Reverdy Johnson in Spangler's case, *Wm. P. Wood, the Keeper of the Old Capitol Prison.— Ed. 182 THE LIFE OP DR. SAMUEL A. MUDD and would take action as soon as Congress adjourns; he thought it useless to do anything before, as it would probably do harm. Congress might take some action to defeat him. I am very sanguine, after the adjourn- ment of Congress, we will be able to accomplish Sam's release ; and the so much desired event, namely : the adjournment of that august body, will take place about the first of July. Your brother, JER£ [Dyi^r]. Fort Jefferson, Florida, June 17, 1866. My darling Frank : Although your last and Fannie's, received the 13th instant, held out no immediate prospect of release, on the contrary led me to infer you had lost all hopes in previous measures, and parties so confidently relied upon, yet I assure you, though the effect was depress- ing at first, after due consideration I could but feel grateful to our all-kind Providence for having be- stowed upon you so much ambition and cheerfulness to bear up against our sudden change of fortune. I am really proud of your success in farming, and regret my want of language to express due praise. I am afraid my presence would be only an incubus, the long and close confinement, etc., endured rendering me but illy prepared to contend actively with the pursuits which the farm and my profession demand. Since matters have progressed so well, I will be too happy to surrender to you the dictation in all affairs pertain- ing to the farm. I sometimes try to feel indifferent, and ask myself the question — why should I feel dis- turbed, my family can take care of themselves? — sep- aration must inevitably come one day, and perhaps it is better now than later. I have had every desire com- mon to a husband and parent to be restored to my fam- THE LIFE OF DR. SAMUEL A. MUDD 183 ily, and feel I have done all consistent with my knowl- edge of right to be restored, failing in which has but disinclined me to future efforts or hopes. My endeav- ors are not to be resigned and careless, regardless of every surrounding. You are, my darling, differently situated. You have freedom of action, you have four precious little babes to provide for, to love and be loved, and my daily prayer has been, and for the future will be, that you may be blessed with strength and perseverance to perform agreeably to every duty re- quired by our holy religion. I can't imagine, after the turn which matters have taken, why a shadow should come over your dream, and render it necessary to put the management of my case into other hands. I almost feel like advising you to take no more counsel, but leave matters in statu quo, believing further action now will not hasten, but, on the contrary, cost money needed for the support of you and family. However, being in no situation to advise, I must leave you and our friends to judge what steps are necessary to be taken. I have no news. I wrote to you last on the ioth and 13th. I am as well as usual, weak and nervous from the long confine- ment, otherwise healthy, and not much changed in ap- pearance. Kiss all our darling little children, and, as ever, most fond and devotedly, Your husband, Sam. Fort Jefferson, Florida, June 21, 1866. My darling Frank : Writing is the only pleasure I enjoy, because I im- agine myself so many minutes in conversation; yet much is dissipated by its being subject to the criti- cism and scrutiny of others. My heart yearns to be with you and our precious little children. How much 184 THE LIFE OP DR. SAMUEL A. MUDD I need your consoling and soothing voice, and the happy and innocent pranks and glee of our dear little ones, to cheer me up. In being separated from you, my dear Frank, I am parted with all that I desire to live for in this world. My restoration, I am afraid, would afford me more pleasure than Divine Provi- dence is willing to accord; this thought gives me un- easiness. I have nothing new — matters are about the same. My employment is the same, viz : sweeping dowa the bastions. This does not occupy many minutes to perform, when I can repair at my option to my quar- ters, which consist of two casemates— being all the time under close guard. My health continues gener- ally good, though I am weak and nervous, which I attribute to the diet, want of exercise and climate, combined with the reception of unfavorable news, and consequent agitation of mind. I have received no let- ter from you since the one dated June the ist, from the last week in May up to the present ; this is the seventh that I have written to you. I scarcely ever receive any papers, although I have had the benefit of the papers received by my roommates. Write often, and accept the kindest wishes of one that loves you more dearly than life. Your devoted husband, Sam. Fort Jefferson, Florida, June 24, 1866. My darling Frank : I wrote to you and Henry on the 21st instant, but having written to Jere, I enclose this short epistle in the same envelope. Writing to you is the only source of pleasure I have on this inhospitable island, and I never let an opportunity pass without availing myself of it. The last mail I received no letter from any THE LIFE OF DR. SAMUEL A. MUDD 185 one — mails arriving so seldom, about once in ten days, making it generally a month between the reception of your letters. I had made calculations and promised myself the gratification of the only desire of my heart to be with you and our dear little children long before this late period, and you can imagine my sore disappointment when I discovered them to be only castles in the air. I have lost patience and my usual serenity. I have felt like throwing away pen and ink, and foregoing the pleasure of ever writing again — and follow the wise maxim, "Blessed are those who expect nothing, for they shall not be disappointed." I know that you would not knowingly deceive, and am rather disposed to believe you were wilfully imposed upon by those w r ho knew better. I am in hopes you will be more guarded in future, and not suffer your credulity to mislead you again. My darling Frank, I am nearly worn out, the weather is almost suffocating, and mil- lions of mosquitoes, fleas, and bedbugs infest the whole island. We can't rest day or night in peace for the mosquitoes. The only objection I have to the linen shirts sent me by Cousin Ann, is the fact they are not proof against the penetrating beak of the mosquitoes, and I fear I will have to throw them aside and take to the flannel again. There is a great deal of sickness among the white soldiers ; the colored ones stand the climate and diet better. The garrison is composed of one-half black troops. There are about one hundred and sev- enty prisoners here at this time; out of this number there are not more than thirty whites, the balance are negroes. I have no other news worthy of mention. Your affectionate husband, Samu^Iy Mudd. 186 THE LIFE OP DR. SAMUEL A. MUDD Fort Jefferson, Florida, June 30, 1866. My darling Frank: In looking over my daily summary I find that dur- ing the present month I have written to you on the following dates, viz: the 3d, 7th, 10th, 13th, 17th, 2 1st, and 24th, besides three or four in the latter part of May. Several mails have arrived without bringing any news from any one. I do not complain, but merely make mention in order that you may know when I last received a letter. I have exhausted in those letters all the language I had at command, ex- pressive of my longing desire to be with you, and bitter disappointment. Nature does not tolerate an excess in anything without a corresponding reaction. There is a positive and negative to every question and thought — an equi- librium must be kept up, and is essentially necessary to the healthy or natural performance of every ma- terial and immaterial act ; being lost, destruction either ensues or things fail to be comprehended in their sen- sible and rational form. I believe I am philosophizing, but all that I wish to be understood is, that suffering is just as natural to follow a sudden fading away of bright hopes, as day, night. I am now composed, and feel somewhat like my former self, determined and resolute, and will likely remain so until shaken by a repetition of insidious and insinuating intelligence, having only the tendency to confuse, inspire doubt and irregularity of the mind, which many of you so well understand. Try and do not deceive me again; if you know nothing positive, have the resolution to tell me so. I can appreciate your love and anxiety in my regard, and fear you have concealed the true nature of affairs, lest it might cause me pain. How different have I acted toward you. I have never failed to give you, as far as in my power, THE LIFE OF DR. SAMUEL A. MUDD 187 a true condition of my health, treatment, etc., so that your mind might be prepared even for the worst. We have received the Baltimore Weekly Sun of the 1 6th and Gazette of the 19th. I have seen an extract of Harris's speech made in Congress and some sketches taken from the report of Dr. Craben upon the treatment, etc., of Jeff Davis. If you can obtain these in full, you will much oblige by sending at your earliest opportunity. I expect nothing will be done toward our relief until after the adjournment of Congress. I am in my usual health. I am truly in hopes Ma's health has improved ere this. Tell Tommy and Sammy that Papa had a dream that he was down in the "swamp" and enjoyed a hearty laugh at their race after the little fishes. How much I de- sire to see you all. Write soon, give me all current news, and believe me most affectionately, Your husband, Sam. Fort Jefferson, Florida, July 20, 1866. My darling Frank : Owing to stormy weather, we have not had an ar- rival of mail for several days. To-day two steamers came into port, one a gunboat, the other a transport, and the mail schooner is just in sight. This is some- thing unusual, and you can't imagine how hopeful I have been the past few minutes. One of the steam- ers has just come to the wharf bringing some thirty odd additional prisoners from New Orleans and sur- rounding (Gulf) Military District. The gunboat is anchored out and has just landed a boat crew with four naval officers ; they have marched to headquar- ters, I suppose to confer with the General Command- ant. I am inquiring every minute, yet have not heard so much as a rumor. The schooner has just come in, 188 THE LIFE OP DR. SAMUEL A. MUDD bringing no mail ; this throws a gloom over me — it will now be a week or ten clays before the next arrival. I have just heard that there are twenty released prison- ers, this exciting my envy, and caused the query, "When, oh! when will my time come?" I suppose the public mind is too much engaged with the affairs of Congress to entertain the subject at present. How anxiously I have been waiting for them to adjourn, and cease unsettling the country. I have now finished giving you all the news that has trans- pired since I last wrote, which was on the 13th. I wrote Fannie a short note in the same, and sent her some moss-cards. I wrote to Sissy on the 12th. You write so seldom (about twice a month) and give so little news, I find it difficult to say much, or to comply with a former desire of yours, viz : to write long let- ters. You never think to give me any of the neighbor- hood news. I desired, in a letter some time ago, to know what disposition was made of John T. Hardy's place, and whether any other farms had changed hands? Beyond births and deaths, you never men- tion anything. Generally your letters are short, and so careless and indifferently written that I sometimes imagine that you only wish to keep up the forms, and have something to swear by. I have one or two let- ters which I could neither read nor understand. Words were spelled backwards, and sometimes a whole syllable left out. That which I could not make out, I am not able to state what was wanting. I am partly resolved for the future, to write no letters, only in answer to those I receive. I cannot impart any comfort to you by writing so often, nor relieve myself from misery that ever attends. You must not think I am in a pet or in anger; on the contrary, I feel in better spirits at this moment than for several months past, consequently, better disposed to unload my breast THE LIFE OF DR. SAMUEL A. MUDD 189 of what has existed for some time. You must not be- lieve me so unreasonable as to expect you always to convey hopeful intelligence; to the reverse, I have de- sired you to say nothing on the subject of my release, unless you had positive facts, and prudence did not forbid its revelation. My darling Frank, for the fu- ture, do not let the subject of my release cause you the slightest uneasiness or trouble. What can't be helped must be borne, contented or otherwise. I can't bring myself to believe my stay will be much longer delayed. For the want of reading matter, I have the past week overhauled all my correspondence, commencing from the earliest to the latest date after my unfortu- nate landing at this place. I have been led like a child beginning to walk, with the difference that the child always succeeds in reaching a neighboring chair with a struggle. My darling Frank, my sweet wife, how anxious I am to see you all. My heart at times almost bursts, and feels as if it would leap from my breast. Know- ing this, I am in hopes you will bear up bravely, and remain steadfast for my sake, and for the good of our precious little ones. There is no sacrifice under heaven that I would not make to see and be with you again as in days gone by. Hoping the time of our cruel separation is close at hand, and that we will be again happy united in bonds of double love and matrimonial accord, I am, my dar- ling Frank, Your faithful and devoted husband, Samuel Mudd. CHAPTER XI PRISON UEE IN 1 866, CONTINUED — GENERAL SHER- IDAN INTERVENES FOR BETTER TREATMENT 01? PRISONERS. Headquarters Military Division of the Gulf, New Orleans, July 21, 1866. My dear Friend : Your kind note of July 12 has come to hand, and gives me great pleasure to hear from you. I will write to General Foster to subject Dr. Mudd to only such punishment as is warranted by the condition of his sentence. Should I visit Washington, it will give me great pleasure to pay my respects to you, and to renew to you my bond of love and reverence. I am, Your obedient servant, PhiIv Sheridan, Major General. To Rev. N. S. Young, St. Dominick's Church, Washington. St. Dominick's Church, Washington, D. C, July 26th, 1866. Mr. H. L. Mudd [father of Dr. Saml. A. Mudd]. My dear Friend : I send you this letter from Gen- eral Phil Sheridan, hoping it may give you all some consolation to learn that your dear son, Dr. Mudd's condition will be ameliorated. I wrote to General Sheridan to obtain for him at least this compassion. I told him that you and the Doctor's family were my particular friends. As soon as you can, let the Dr. THE LIFE OF DR. SAMUEL A. MUDD 191 know the promise General Sheridan has made me; and ask him to inform you if General Foster has exe- cuted that promise. I am sorry that your heart is yet afflicted by the con- tinued bad health of your good wife. You will be re- signed, I am sure, under all your great trials. They are intended by our good God to prepare us for a bet- ter life and add to our crown of glory. If possible, I shall pay you a visit soon, and once more have the happiness of offering up for you and your good fam- ily the Holy Sacrifice of the Altar. Give my kindest respects and remembrance to each one of your family, and that God may bless you all is the prayer of Your sincere friend, etc., N. S. Young. Fort Jefferson, Florida, July 26, 1866. My darling Frank : I received yours of the 10th this morning. The boat will return to Key West in a short time, so I can't say much. With all my exertions, I have not been able to crawl from my present locality. Yet the mind with hopes, as in a dream, was carried from one period to another, and apparently when in the act of taking my flight to Heaven, and dreading to look back, fearing the fate of the wife of poor old Lot, all vanished as smoke, and the same dread reality ex- isted. Bright beams begin again to lend their light, and I have been induced to believe, with the visitation of cholera upon the city of "magnificent distances" and crime, a scatteration might be produced, and give our worthy Chief Magistrate a chance to look into my case, and purge it from the foul suspicions placed upon my unsuspecting shoulders, although he will be un- 192 THE LIFE OF DR. SAMUEL A. MUDD able to repair the injury. Every dollar the nation is worth is insufficient to that end. I am very sorry, my darling Frank, I can't be more entertaining; be not offended with my criticism or resolutions, expressed in the foregoing. I forgot to credit you with the burdens and cares of our darling little children and family, and the distraction that they naturally produce. Write as often as inclination and freedom from the restraint of family will permit. I can't ask more. I can write every day, and it would be an agreeable pastime, but there would be no op- portunity of mailing, nor would it be necessary; but I never fail to comply with my promise to write by every mail that leaves this place. If you write often, I will always have a letter to answer, which will be far more agreeable and pleasant. I shall be content until after Congress adjourns ; after that, I shall be anxious, and look for some de- cided action to be taken by you and my friends; otherwise, I will give up all hopes of ever leaving this place alive, and live only to curse my enemies, as I will merely remark that I perceive not the slightest change in the character of your letters ; it is another put off, another child's play — to play and torment and vex me. I will now proceed to give you plainly what I mean by child's play, viz : It was three months be- fore Christmas that I had the happiness of dining with you on that festive day, then you had hired a servant who would remain until the spring (three months longer). I had the duty of supplying her place. Now, my darling Frank, what a splendid din- ner! What delicacies, etc.! Don't I enjoy myself? Then how I was favored in finding such a neat, tidy and active servant for you. The spider could no longer spin his silken cords unharmed, etc. The President's proclamation appears in April. May, THE LIFE OP DR. SAMUEL A. MUDD 193 sweet May would be the consummation of all my earthly joys. I would be treated to green grass, and dipped into some health-restoring fountain. In a word, I would be transplanted to Elysium. Now, do you remember how I floated through the aerial vapors, resting in placid dreams upon the bubbling clouds and visiting the moon? Venus would attend me. The decision of the Supreme Court is made public, this is what has been looked for all the time. I am released from hell and summoned to heaven, but held by ter- rible Mars. Poor old Achilles, shot in the heel ! Un- forgetful mother! why didst thou not turn and dip the other end? Now I have a feast of three months longer. My darling Frank, I have grown weary of these delights; cease, for God's sake, if not for mine, extending the time. The "first of September," "two or three months longer," "be patient," etc., are expres- sions of yours, and seem only moments in your thoughts of the future; but they excite my calcula- tions, and cause the days, hours, and minutes to be counted, whereas, if you said nothing, since you know nothing, the time might pass by and be forgotten. Don't, my sweet wife, write any more in this loose style. Let me know whether you are sick or well, and the health of all home ones, the neighborhood and farming affairs, etc. I am not so anxious about re- lease, so long as I know you are well and content, but I dislike being treated as a child. I am far less de- sirous about release now than I was some time ago. Fifteen months of the most brutal and degrading im- prisonment has done its work. I am broken down and good for nothing. You spoke of turning gray — I am nearly bald. In reading the papers, I perceive nothing clearer than the near approach of anarchy. I feel sorry for *3 194 THE LIFE OF DR. SAMUEL A. MUDD you and our dear little children, but for myself my ene- mies have done all the harm they can do me, and death would only free me from a greater misery. I hope they may meet with the chastisement their crimes de- serve, in this world, as a warning to future genera- tions. The inspired volume reminds us of Retributive Justice, and those need fear who have perjured, cal- umniated and endeavored to reform the divine laws, and remodel His works. I have my usual health. We have three sentries within ten feet of our door that cry out the hours of the night at the pitch of their voices, which awakens us and destroys all sleep. This is a recent change and an aggravation. I have no news. The mail we re- ceived to-day is the only mail we have received of this month's news. I received Mr. Harris's speech, and two Sun papers from you. You need not bother your- self in sending the Sun, as we get it regularly; one of our members being a subscriber; also the Gazette. Comments from other papers, you can send. Give my love to all home ones, present my kindest thanks to Mr. Best for his true devotion to self and family. Your devoted husband, Sam. Fort Jefferson, Florida, August 6, 1866. My darling Frank: I wrote to you last on the 26th and 30th of July. Mails arrive quite seldom now, owing, I understand, to quarantine regulations. One of the mail boats ar- rived here this morning, although bringing no mail. She will leave this evening at 6 o'clock. To relieve you of fear in my regard, I post these few hasty lines to acquaint you with the fact that I am in possession of my usual health and spirits. I am more afflicted when I think of you and our dear little children, know- THE LIFE OF DR. SAMUEL A. MUDD 195 ing how dependent you must be, and how incapable you are to provide for self and family without the in- tervention of kind friends. Your burdens and re- sponsibilities will increase daily, and you must sum up all your resolution and courage to brave misfortune. Instruct and educate the children as well as you can ; be gentle, kind and positive, enforce obedience and re- spect now whilst they are young, and when they grow older they will not give you trouble and cause shame. You can promise yourself nothing certain in this world, therefore do not act on the idea that I will soon be home, and that it will be unnecessary for you to observe duties that it would be my place to attend to. Should I be favored with an immediate release, I fear I shall lack the strength, for a considerable time, to perform the least labor. In appearance I have not much changed. I am told I am growing fat, and seem a picture of health; ap- pearances deceive, and my legs have to work terribly to get the body along. Begin now, my darling Frank, to act as if you expected nothing, only what was to be accomplished through your own exertions, and you will not suffer the pain of disappointment, nor lack the energy when it is most needed. Give my love to all, write soon, and believe me as ever, Your fond and affectionate husband, Sam. Fort Jefferson, Florida, August 9, 1866. My darling Frank : The papers give full accounts of the proceedings of the National Convention, and the President's procla- mation restoring all the States to all their former priv- ileges, which with the promise contained in your let- ter relieves me of all doubt regarding a much longer separation. I now hail with delight the thought of 196 THE LIFE OF DR. SAMUEL A. MUDD soon being in the fond embrace of you and our little ones, sharing with you, to the extent of my ability, the blessings and privations of life in this miserable world. We are still under close guard. There is a sheriff at Key West. Should you get out a writ, it may be well to know the fact; but according to the learned counsel in the recent habeas corpus case at Charleston, we are in the hands of the President, and you will have to bring action against him. I am sorry to involve expense, which I know you cannot meet without the intervention of kind friends. Steamers pass here al- most daily on their way to New Orleans, and other points on the Gulf, and it would be attended with but little delay to one of those to stop and take us off. By acting with the friends of my roommates, it would make the expense much lighter. A message could be sent per telegraph to New Orleans giving direction and instructions to competent parties, thus excluding the necessity of sending a party down from home. This will be my last letter. Give my love to all. Your affectionate husband, Sam. Fort Jefferson, Florida, August 13, 1866. My precious Wife: I received yours of the 20th and 28th of July 0.1 the 10th. I was sorry to hear of our little Tommy's indisposition. I am in hopes it will soon pass away, and be my fortune to realize your expectations. You spoke of the murder of Mr. Lyles, and the papers mention the robbery of Mr. Posey. Owing to their proximity to you, I have suffered some alarm, know- ing your timid nature and unprotected and helpless condition. Such crimes, and far more brutal, are of daily occurrence, and when far away hardly excite our horrors; so soon does the mind become familiar THE LIFE OP DR. SAMUEL A. MUDD 197 by their daily narration through the press. I think it advisable for the citizens to take measures of pre- caution, by appointing suitable officers in every dis- trict to inquire into the condition and purpose of every suspicious party. These atrocities are only the fruit of the late unnatural strife, and we can only blame the fanatical majority of Congress for their long continu- ance. Congress by its action has rather favored than imposed the needed restraints upon these horrid enormities. I rejoice to see the noble response of the people in behalf of the President's policy, the influence of which response, I am led to believe, will soon induce him to exert his constitutional prerogative and issue a proc- lamation of amnesty restoring to all the States their original rights and privileges. Much, though, depends upon the harmony of the Philadelphia Convention which meets to-morrow. The cholera prevailing there will, I fear, prevent a full attendance. You seem to manifest some uneasiness on my ac- count, apprehending the injurious effects of the heat upon my feeble constitution. In this regard I must remark that the climate being more moist and equable, is not liable to the evil and depressing effects, as with you. Heat in the sun here is very great, yet rarely at- tended with "sun stroke'' ; no fatal case from this cause having occurred since I have been here. When- ever there is a breeze, which is generally the case, it is always pleasant. A strict eye is kept to the cleanli- ness of the place, and being remote from the main land, we have no fears of any infectious or epidemic disease. Unsuitable diet, beef, pork, etc., are more frequent causes of disorders and disease than locality or climate. We stand in need of a vegetable and fruit diet, of which this place is woefully deficient. My strength and general health have improved within the 198 THE LIFE OP DR. SAMUEL A. MUDD past week or two. With suitable diet and proper ex- ercise, I feel that I would soon be my former self . again. Allow yourself no unnecessary uneasiness. I have more fear concerning habits contracted by an unavoidable indolence than I have of speedy dissolu- tion by organic or infectious diesase. Mails arrive now very seldom, being seventeen days between the last two. Give my love to dear Ma, Pa, and the fam- ily. I wrote to Jere some days ago and enclosed a note to you. We have money enough to supply our wants for some time to come, so give yourself no uneasiness on this point. I am truly delighted to know that your crops are looking well, and promise a fruitful yield. In Fannie's last she spoke rather discouragingly of the prospects of the crops. Kiss all our dear little children, and wishing you a pleasant and successful trip to Washington, I am, my darling Frank, as ever, Your devoted husband, Sam. Fort Jefferson, Florida, August 18, 1866. My dearest Cousin: I received your last a week or two ago. Being like yourself, without anything likely to interest, I delayed writing until the present, hoping for something to turn up, whereby I might be furnished with a theme; but the same old monotony continues to exist, etc. The fear that you may think your kind letters are not prop- erly reciprocated, prompts me at least to an acknowl- edgment. Instead of a lack of appreciation, I value your letters more than all the rest of my correspond- ents, because you do not appear to disguise the true nature of affairs, and lead me contrary to the expec- tations of my friends — thereby, causing the time to THE LIFE OF DR. SAMUEL A. MUDD 199 pass more observed, suspense more painful, and in the end, the blight of disappointment. You asked me if I did not feel honored at seeing my name so often mentioned and commented upon in the "public prints." I assure you, so far from exciting my pride, it creates in my heart only feelings of indig- nation. The greatest honor they can show me is to release me ; until this is consummated, I shall consider their time, ink, and paper thrown away, and all they can say as empty. I am truly in hopes that what has been said will be the means of directing public opinion to the great wrong perpetrated upon my personal rights as an American citizen, and that the outrage will not be suffered much longer to continue. We were visited the first week in July last by Father Clauriel (a little Frenchman) from Savannah, Ga. I had the consolation of going to confession, and receiv- ing holy communion on the 8th. My health is much better now than some two or three weeks ago. I attribute the change to the kind- ness of the officials in giving us a plank floor to our sleeping quarters. Up to a late period we were upon a dirty floor, which was very wet and damp all the time. After every rain, our quarters leak terribly, and it's not unusual to dip up from the floor ten and twelve large buckets of water daily. We have a hole dug in the floor and little trenches cut, so as to con- centrate the aqueous secretion, which facilitates the dipping up process and freeing the room from noxious miasma. Having nothing more worthy at my command, I send you a small collection of moss-cards — ten small and one large intended for a wreath. I regret my bad taste, manipulation, and paper. Should I be so fort- unate as to have an early release, I shall endeavor to procure a large assortment of shells, etc., considered 200 THE LIFE OP DR. SAMUEL A. MUDD curiosities with yon, which I will present yon with, should you desire them. They cost us nothing here, and if you wish them, let me know in your next, and if any particular variety. Present my kindest regards to Sister M. and the rest of the saintly members of your association. Hoping a continuation of your prayerful supplica- tion, and to hear again from you soon, I am most truly and sincerely, Your cousin, etc., Samuel A. Mudd. To Sr. Joseph. [Carmelite Convent, Baltimore, Md.] Fort Jefferson, Florida, August 20, 1866. My darling Frank : I am now feeling perfectly well, and improved in health and flesh, which I attribute to the laying of a plank floor in our quarters. My hair has also taken new life, and in a short time will have a thick suit, even where it was most thin. I am entirely without news of importance. The mails arrive now about once in three weeks, and in the interim nearly every one becomes cross and peevish. The mail boats, I under- stand, are not allowed to enter the port of Havana from this place without undergoing quarantine regu- lation, which causes the delay. The health of the Post remains remarkably good, no epidemic or infectious disease having made its appearance. The principal disorders arise, I think, from the use of stale and salt diet. We never use it, consequently remain exempt. I have not touched a piece of salt beef or pork for nine or ten months. Don't let this letter cause you uneasiness; for the future confide in none but the most honest and reliable. You need not reply to it, if prudence forbids. I fear injury to my cause has resulted from matters being THE LIFE OF DR. SAMUEL A. MUDD 201 made too public. You do wrong also, I fear, in com- municating with Cousin Ann, and in mentioning the names of parties. Very often they do not like to be known, and often take offense. Be guarded, my dar- ling child, how you act in the future. Use discretion, and don't depend too much on your own judgment. My soul is tired of this place beyond expression — do nothing that may tend to prolong my exile. How anxiously I am waiting for the arrival of the prom- ised release ! Act immediately. I don't see that any- thing can be gained by delay, for the courts, in the course of time, are bound to release us. Let me have at least an honest exposition of my case before the President. Give my love to Pa, Ma, and all the family, and ac- cept the most endearing sentiments of the heart of your afflicted and distressed husband, Sam. Fort Jefferson, August 22, 1866. My darling Frank: I wrote to you on the 10th, 13th, and 20th, oppor- tunity presenting. I again avail myself of this only pleasure, indulging with you a short pen and ink con- fab. By the time this reaches you, the first of Sep- tember will be at hand, and with it the promise of a speedy "homeward bound," as fast as steam and sail can bring me, your long-lost and desolate exiled; or will he be again doomed to disappointment? I can't bring myself to believe those in authority will much longer disregard every principle of justice and fair dealing to satisfy vulgar thirst for vengeance. The Government certainly is aware by this time of the un- precedented number of false and perjured witnesses, and by no action being taken to bring these scoundrels to account, an invitation is indirectly given to these 202 THE LIFE OF DR. SAMUEL A. MUDD and every plotter against the lives and liberty of their fellow-men to continue, and come forward with their mendacious yarns for monied and party considera- tion. I am firmly convinced, by circumstances, that men were bought to give false testimony. Those in authority, in their zeal to find out the originators, ac- tors, and accomplices, offered enormous rewards for evidence, and the apprehension and conviction of the parties. This alone was a sufficient inducement to the unscrupulous, who were adroit enough to frame a plausible tale, to make "merchandise" of the most sa- cred right and duty of man, his oath. For God's sake lose no time in bringing this subject before the Presi- dent. No matter how he decides (pro or con), I shall be happy to have the sanction of his authority. The report of the Judiciary Committee favors the trial of Davis upon the false and frivolous charges which were adduced upon our trial in connection with the assassination. With equal justice might every distiller of whiskey be arraigned and tried for all the crimes committed by its abuse, and every man be at the mercy of an enemy capable of writing him a ficti- tious letter. I have read nearly all the charges made by this committee against Davis, and I can't see for my life the least shadow of evidence to connect him with the infamous deed — which circumstances alone are sufficient to refute, independent of the unreliability of the testimony. Arnold's letter, upon which they built the conspiracy, shows conclusively that up to a late period in March, 1865, Booth had no connection with the Richmond authorities, or their Canadian agents. This letter and his statement, which the Gov- ernment has never made public, is worth all the evi- dence brought forward by the prosecution, so far as showing the motive and intention of the parties. I believe sincerely there are parties at the head of the THE LIFE OP DR. SAMUEL A. MUDD 203 different departments of the Government who delight in human affliction and suffering, especially when they can by any pretext prosper their own, or their party's cause. I cannot view the conduct of Judge Holt other- wise; his attempt through a parcel of false and per- jured statements, to bring public opinion to bear upon my case, after the trial was over, and when I had no power to rebut, shows his animus and is unpardonable for one occupying his position. I am ignorant of the laws, but certainly this act does not appear to me like justice. It is hard to suffer without the consciousness of having committed the least wrong, and with full knowledge of the foul and unfair means resorted to to bring it about. I am almost driven to desperation when I reflect upon the outrages I have already en- dured and continue to suffer. You will please impart the subject of this letter to my counsel and friends that they may determine and act immediately. I am feeling quite strong again. We have, through the kindness of officials, a plank floor placed in our quarters, which renders it a thousand times more com- fortable. Before, we were on the ground, and half of the room continually wet from leakage through the ceiling. Yesterday a negro accidentally fell over- board, and was drowned. There were a large num- ber present, and no effort was made to save him. How tired I am of this life, and how anxious I am to see you and our precious little children, and home ones. When you write, do not disguise the truth. Let me know the worst and hope for the best. Answer this soon. GivK. SAMUEL A. MIDD 317 virtues, freed from the pains and anxieties of tin's mis- erable world. God grant we may terminate life with such hopes of the promises of eternal reward. Do not doubt the love I bear you and the children. It is all that has kept me alive. Hoping' to see you soon, I am, Your fond and devoted husband, Sam. Charles County, Md., January 30, 1869. My darling Sam : Your letter of January 8th I received on last Wednesday, the first for a long time. When I last wrote I was hoping that it would be the last letter I would write to you on that miserable island, but T now feel very, very hopeful that this will be my last. Every body seems to think that Johnson will release you, beyond a doubt, before his term of office expires; and for myself I can't see how he can possibly get out of it, after all the petitions and appeals which have been made in your behalf. I feel very sanguine of seeing you before the last of March. Should you be released, of which there is but little doubt, you must hurry home, for I assure you you are sadly needed. I will send you a paper with the last petition from the Maryland members of Congress, and Mr. Merrick's and Mr. Stone's appeals in your behalf. You can judge for yourself your chance, but I hope, before this and the paper reach you, Mr. Johnson will have issued an order for your release. May our Lord protect us from another disappointment, for I am really in no disposition to bear it. I put you under the protection of our blessed Lord. I think He will bring you home to me. Your devoted wife, Frank. CHAPTER XIX THE PARDON — HOME COMING SPANGIvER'S STATE- MENT — THE CLOSING SCENE War Department, Adjutant-General's office, Washington, February 13, 1869. Commanding Officer, Fort Jefferson, Dry Tortugas, Fla. Sir : The Secretary of War directs that immediately on receipt of the official pardon, just issued by the President of the United States, in favor of Dr. Samuel A. Mudd, a prisoner now confined at Dry Tortugas, you release the said prisoner from confinement and permit him to go at large where he will. You will please report the execution of this order and the date of departure of Dr. Mudd from the Dry Tortugas. I am, sir, very respectfully your obdt. servant, E. D. Townsend, Assistant Adjutant-General. Headquarters, Fort Jefferson, Fla., March 8, 1869. Special Order No. 42 : In obedience to communication from War Depart- ment A. G. Office, Washington, D. C., dated February 13, 1869, Dr. Samuel A. Mudd (a prisoner) is hereby released from confinement and permitted to go at large where he will. By order Brevt. Major General Hunt. J. M. Lancaster, Brevt. Capt. U. S. A., 1st Lieut. 3d Artillery, Adjutant. THE LIFE OP DR. SAMUEL A. MUDD 319 In pursuance of the above orders my father regained his liberty on the 8th day of March, 1869, having endured imprisonment for a period of four years, lacking about six weeks. Two days prior to the issue of the above order from the War Department, on the 13th of February, President Johnson wrote a note to my mother and sent it to her home by a special messenger, requesting her to come to Wash- ington and receive my father's pardon. She left for Washington immediately, but being detained on the way, did not reach the city till the following morning. Once there, she re- paired, in company with Dr. J. H. Blandford, my father's brother-in-law, to the White House. In a few moments President Johnson sent for my mother to come into the executive office. There he delivered to her the papers for the release of my father. My mother asked him if the papers would go safely through the mails. His reply, before he had signed the papers, was: "Mrs. Mudd, I will put the Presi- dent's seal on them. I have complied with my promise to release your husband before I left the White House. I no longer hold myself re- sponsible. Should these papers go amiss you may never hear from them again, as they may be put away in some pigeon-hole or corner. I guess, Mrs. Mudd, you think this is tardy jus- tice in carrying out my promise made to you two years ago. The situation was such, how- ever, that I could not act as I wanted to do." After he had signed and sealed the papers, 320 THE LIFE OP DR. SAMUEL A. MUDD he handed them to my mother, who took them, thanked him and left. She had intended going to the Dry Tortugas and delivering in person the release to her long-afflicted husband. This, however, she was not permitted to do, as when she reached Baltimore, intending to take the steamer from that port for the Dry Tor- tugas, she found that the boat had departed a few hours before her arrival, and that another would not sail for two or three weeks. She therefore sent the papers by express to her brother in New Orleans, Thomas O. Dyer, who paid a Mr. Loutrel three hundred dollars to deliver them to my father at Fort Jeffer- son. On the 20th day of March, 1869, sixteen days after President Johnson's term of office had ex- pired, my father arrived home, frail, weak and sick, never again to be strong during the thir- teen years he survived. It is needless for me to try to picture the feelings and incidents of his home-coming. Pleasure and pain were intermingled — pleasure to him to be once more in his old home surrounded by his loved ones, and pleasure to them to have him back once more; pain to them to see him so broken in health and strength, and pain to him to find his savings all gone and his family almost desti- tute. Again we find him, after a brief period for rest, engaged in the struggle to regain in a measure his lost means and position. This he never accomplished. He found himself sur- THE LIFE OE DR. SAMUEL A. MUDD 321 rounded by exacting duties, yet handicapped by innumerable disadvantages. There were no laborers to cultivate the farm ; the fences had fallen down or been destroyed by the Fed- eral soldiery, and the fields were unprotected against intrusive cattle; buildings were out of repair, and money almost unobtainable. His hardships in prison, however, had in a measure taught him to be patient. Gradually things became brighter. When the warm glow of summer passed into harvest time, he was encouraged by the fact that a generous yield of earth's products rewarded him for his labor. He only partially regained his practice. While he was confined in prison many of the families he had attended employed other phy- sicians. Many of these families sought my father's services on his return, but some did not. Apart from this, the people of the neigh- borhood had become comparatively poor by reason of their losses occasioned by the war. A great deal of his attention and skill was therefore given gratuitously. During the four years they were together in prison Edward Spangler became very much attached to my father. As a con- sequence, a short time after Spangler's release, he came to our home early one morning, and his greeting to my mother, after my father had introduced him, was: "Mrs. Mudd, I came down last night, and asked some one to tell me the way here. I followed the road, but when I 21 322 THE LIFE OP DR. SAMUEL A. MUDD arrived I was afraid of your dogs, and I roosted in a tree." He had come to stay. He occupied himself chiefly in helping our old gardener, Mr. Best, and in doing small jobs of carpenter's work in the neighborhood. My father gave him five acres of land in a wood containing a bubbling spring, about five hun- dred yards from our dwelling. Here Spangler contemplated erecting a building and estab- lishing for himself a home. This purpose, however, was never to be realized. About eighteen months after he came he contracted a severe illness, the result of having been caught in a heavy rain, which thoroughly saturated his clothing. His sickness resulted in his death — rheumatism of the heart being the immediate cause. He was a quiet, genial man, greatly re- spected by the members of our family and the people of the neighborhood. His greatest pleasure seemed to be found in extending kind- nesses to others, and particularly to children, of whom he was very fond. Not long after his death my father, in searching for a tool in Spangler's tool chest, found a manuscript, in Spangler's own handwriting, and presumably written while he was in prison. This manu- script contained Spangler's statement of his connection with the great "conspiracy." SPANGIvER'S statement. I was born in York County, Pennsylvania, and am about forty-three years of age, I am a house car- THE LIFE OF DR. SAMUEL A. MUDD 323 penter by trade, and became acquainted with J. Wilkes Booth when a boy. I worked for his father in building a cottage in Harford County, Maryland, in 1854. Since A. D. 1853, I nave done carpenter work for the 4 different theaters in the cities of Baltimore and Wash- ington, to wit: The Holiday Street Theater and the Front Street Theater of Baltimore, and Ford's Theater in the City of Washington. I have acted also as scene shifter in all the above named theaters, and had a favorable opportunity to become acquainted with the different actors. I have acted as scene shifter in Ford's Theater, ever since it was first opened up, to the night of the assassination of President Lincoln. Dur- ing the winter of A. D. 1862 and 1863, J. Wilkes Booth played a star engagement at Ford's Theater for two weeks. At that time I saw him and conversed with him quite frequently. After completing his en- gagement he left Washington and I did not see him again until the winters of A. D. 1864 and 1865. I then saw him at various times in and about Ford's Theater. Booth had free access to the theater at all times, and made himself very familiar with all persons connected with it. He had a stable in the rear of the theater where he kept his horses. A boy, Joseph Burroughs, commonly called "Peanut John," took care of them whenever Booth was absent from the city. I looked after his horses, which I did at his request, and saw that they were properly cared for. Booth promised to pay me for my trouble, but he never did. I frequently had the horses exercised, during Booth's absence from the city, by "Peanut John," walking them up and down the alley. "Peanut John" kept the key to the stable in the theater,, hanging upon a nail behind the small door, which opened into the alley at the rear of the theater. Booth usually rode out on horseback every afternoon and evening, but seldom remained out later than eight 324 THE LIFE OF DK. SAMUEL A. MUDD or nine o'clock. He always went and returned alone. I never knew of his riding out on horseback and stay- ing out all night, or of any person coming to the stable with him, or calling there for him. He had two horses at the stable, only a short time. He brought them there some time in the month of December. A man called George and myself repaired and fixed the stable for him. I usually saddled the horse for him when "Peanut John" was absent. About the first of March Booth brought another horse and a buggy and harness to the stable, but in what manner I do not know ; after that he used to ride out with his horse and buggy, and I frequently harnessed them up for him. I never saw any person ride out with him or return with him from these rides. On the Monday evening previous to the assassina- tion, Booth requested me to sell the hprse, harness, and buggy, as he said he should leave the city soon. I took them the next morning to the horse market, and had them put up at auction, with the instruction not to sell unless they would net two hundred and sixty dol- lars ; this was in accordance with Booth's orders to me. As no person bid sufficient to make them net that amount, they were not sold, and I took them back to the stable. I informed Booth of the result that same evening in front of the theater. He replied that he must then try and have them sold at private sale, and asked me if I would help him. I replied, "Yes." This was about six o'clock in the evening, and the conversa- tion took place in the presence of John F. Sleichman and others. The next day I sold them for two hun- dred and sixty dollars. The purchaser accompanied me to the theater. Booth was not in, and the money was paid to James J. Gifford, who receipted for it. I did not see Booth to speak to him, after the sale, until the evening of the assassination. THE LIFE OF 1>K. SAMUEL A. MUDD 325 Upon the afternoon of April 14 I was told by "Peanut John" that the President and General Grant were coming to the theater that night, and that I must take out the partition in the President's box. It was my business to do all such work, i w r as assisted in doing it by Rittespaugh and "Peanut John." In the evening, between five and six o'clock, Booth came into the theater and asked me for a halter. I was very busy at work at the time on the stage preparatory to the evening performance, and Rittespaugh went up- stairs and brought one down. I went out to the stable with Booth and put the halter upon the horse. I com- menced to take off the saddle when Booth said. "Never mind, I do not want it off, but let it and the bridle remain." He afterward took the saddle off himself, locked the stable, and went back to the theater. Booth, Maddox, "Peanut John," and myself imme- diately went out of the theater to the adjoining restau- rant next door, and took a drink at Booth's expense. I then went immediately back to the theatre, and Ritte- spaugh and myself went to supper. I did not see Booth again until between nine and ten o'clock. About that time Deboney called to me, and said Booth wanted me to hold his horse as soon as I could be spared. I went to the back door and Booth was stand- ing in the alley holding a horse by the bridle rein, and requested me to hold it. I took the rein, but told him I could not remain, as Gifford was gone, and that all of the responsibility rested on me. Booth then passed into the theater. I called to Deboney to send "Peanut John" to hold the horse. He came, and took the horse, and I went back to my proper place. In about a half hour afterward I heard a shot fired, and immediately saw a man run across the stage. I saw him as he passed by the center door of the scenery. 326 THE LIFE OF DR. SAMUEL A. MUDD behind which I then stood ; this door is usually termed the center chamber door. I did not recognize the man as he crossed the stage as being Booth. I then heard some one say that the President was shot. Immedi- ately all was confusion. I shoved the scenes back as quickly as possible in order to clear the stage, as many were rushing upon it. I was very much frightened, as I heard persons halloo, "Burn the theater!" I did not see Booth pass out; my situation was such that I could not see any person pass out of the back door. The back door has a spring attached to it, and would not shut of its own accord. I usually slept in the theater, but I did not upon the night of the assassina- tion; I was fearful the theater would be burned, and I slept in a carpenter's shop adjoining. I never heard Booth express himself in favor of the rebellion, or opposed to the Government, or converse upon political subjects; and I have no recollection of his mentioning the name of President Lincoln in any connection whatever. I know nothing of the mortise hole said to be in the wall behind the door of the Presi- dent's box, or of any wooden bar to fasten or hold the door being there, or of the lock being out of order. I did not notice any hole in the door. Gifford usually attended to the carpentering in the front part of the theater, while I did the work about the stage. Mr. Gifford was the boss carpenter, and I was under him. My father died from pneumonia, January 10, 1883, after an illness of nine days. He con- tracted the disease while visiting the sick in the neighborhood in the nighttime and in in- clement weather. He was buried in Saint Mary's cemetery, attached to the Bryantown church, where he had first met Booth. He was in the fiftieth year of his age at the time of his death. - X * g C **- O CO . a «-• c o - (0 ? *-> «-H CO Q co u c «*« O 60 O C/> C co •H C/> C X, OJ -W "O - -C Q 3 C £ CO S -h co x; c w o « "s • « CO Ih « X Q . H D u ■H >>Q cu *o ^ *j «o <+* in 3 > o co DfJ X. -h E *- O • X v- w H Q -h CHAPTER XX DESCENDANTS OF DR. SAMUEL ALEXANDER MUDD Prepared by Richard Dyer Mudd, M. D., 1001 Hoyt St., Saginaw, Michigan DR. SAMUEL ALEXANDER MUDD b. nr. Bryan- town, Md., 12-20-1833. d. nr. Waldorf, Md., 1-10- 1883. Son of Henry Lowe Mudd and Sarah Ann Reeves. (For ancestry of Dr. Samuel Alexander Mudd see the MUDD FAMILY OF THE UNITED STATES, by Richard D. Mudd, M. D.) m. nr. Bryantown, Md., 11-26-1857, Sarah Frances ("Frank") Dyer (b. 3-15-1835; d. at home of her daughter, Ernie Gardiner, 12-29-1911), dau. of Thomas Benjamin Dyer and Elizabeth Reeder, both of St. Mary's County, Md. Issue '. 1. ANDREW JEROME b. abt. ll-x-1858. d. 11-25- 1882. Unmarried. 2. LILLIAN AUGUSTA b. nr. Waldorf, Md., 6-2- 1860; d. ibid, 1-16-1940. m. St. Ann 'Church, Balto., Md., 1-24-1882, Frances Xavier Gardiner (d. 2-28-1918), son of George Henry Gardiner and Sophia Gardiner. Issue '. 2.1 MARY MELITA ("LITA") b. nr. Waldorf, Md., 11-1-1882; d. Wash., D.C., 2-22-1942, m. Wash., D.C., 10-18-1913, William Joseph Neale, (d. Wash., D.C., 3-23-1947), son of Augustine Wills Neale and Jane Rose Matthews. Issue ' 2.1.1 ELEANOR BROOKE b. Wash., D. C, 10-6- 1915. Res. Wash., D.C. m. Wash., D.C., 1-15- 1945, Bernard Frederick Auth, son of Frances John Auth and Katherine Cecelia Kraus. Issue i 2.1.1.1 BERNARD JOSEPH b. Wash., D.C, 11-30- 1945. 2.1.1.2 THOMAS NEALE b. ibid, 328 THE LIFE OF DR. SAMUEL A. MUDD 12-28-1946. 2.1.1.3 MARY ELEANOR b. ibid, 6-13-1949. 2.2. HENRY ELMER b. nr. Waldorf, Md., 2-13- 1884; d. Los Angeles, Calif., 7-19-1945. m. Rochester. N. Y., 2-14-1920, Mary Elizabeth Walp (res. Whittier, Calif.), dau. of James Walp and Mary Elizabeth Sneed. Issue : 2.2.1 ELIZABETH DOLORES b. Det., Mich., 2-18- 1921. Res. Whittier, Calif., m. Las Vegas, Nevada, 3-26-1941, Harold Joseph Jacobs, son of Adolph Jesse Jacobs and Mildred Simon. Issue i 2.2.1.1 PATRICIA ELIZABETH b. Los Angeles, Calif., 4-1-1945. 2.2.1.2 ALLEN JOSEPH b. Whittier, Calif., 2-11- 1950. 2.2.2 MARY JEAN b. Phila., Pa., 1-16-1924. Res. Temple City, Calif, m. Yuma, Ariz., 12-9-1951, Samuel Lowrey Robinson, son of William Arthur Robinson and Dollie Katheryn Cham- berlin. No issue. 2.3 JOSEPH MERTON ("MERT") b. nr. Waldorf, Md., 10-11-1885. Res. Baltimore, Md. Un- married. 2.4 (JOSEPH) CLEMENT ("CLEM") b. nr. Wal- dorf, Md., 6-25-1887. Res. Baltimore, Md. Un- married. 2.5 CHARLES LEROY ("ROY") b. Balto., Md., 2-18-1889. Disappeared while a Merchant Marine, in 1929, and was never heard of again. Unmarried. 2.6 STANISLAUS KOSTKA DAVID b. Balto., Md., 3-8-1891. Res. Balto., Md. m. (1st) Bal- timore, Md. 3-5-1913, Annie Virginia Gosling, dau. of Walter George Gosling and Harriet Louise Deemer. Issue : 2.6.1 GEORGE STANLEY b. Balto., Md., 11-2- 1914. Res. Balto., Md. Unmarried. THE LIFE OF DR. SAMUEL A. MUDD 329 2.6.2 RUSSELL LEROY b. ibid, 8-24-1917. Res. Balto., Md., m. Balto., Md., 12-2-1950, Marian Josephine Amato, dau. of Joseph Amato and Mary Antoinette Volo. Issue '. 2.6.2.1 LINDA JEANNE b. Balto., Md., 5-22-1952. 2.6.3 HARRIETT LOUISE b. Balto., Md., 2-9-1920. Res. Balto., Md. m. Balto., Md., 9-9-1946, Henry Mullaney, son of John Joseph Mullaney and Mary Magdelene Lindner. Issue * 2.6.3.1 GREGORY COLE b. Balto., Md., 9-25-1947. 2.6.3.2. GARY EDMUND b. ibid, 12-5-1950. m. (2nd) Balto., Md., 9-24-1935, Sadie Crezen- tia Mullaney, dau. of John Joseph Mullaney and Mary Magdelene Lindner. Issue ! 2.6.4 ANITA LILLIAN b. Balto., Md., 11-18-1936. 2.6.5 DAVID KOSTKA b. ibid, 2-3-1940. 2.7 SOPHIA ALTHEA (PATSY) b. Balto., Md., 3-17-1893. Res. Balto., Md. Unmarried. 2.8 WILLIAM LEO b. Balto., Md., 9-10-1895. Res. Balto., Md., m. Balto., Md., 9-10-1917, Mary Etta Travnor, dau. of Francis Traynor and Ella Kelly. Issue ' 2.8.1 WILLIAM LEO JR. b. Balto., 11-29-1925. Res. Balto., Md. m. Balto., Md., 5-30-1947, Anna Marie Logan, dau. of William Bernard Logan and Anna Hedwig Tippman. Issue i 2.8.1.1 CATHERINE ANN b. Charlotte, N.C., 11- 7-1949. 2.8.1.2 WILLIAM LEO III b. ibid, 6-17-1952. 2.9 WILLIAM RUSSELL b. Balto., Md., 4-15-1898. Res. Balto., Md. m. Balto., Md., 4-15-1925, Mar- garet Eugenia Cecil, dau. of John Francis Cecil and Margaret Delia Stone. Issue i 2.9.1 JANE FRANCES b. Balto., Md., 8-9-1926. 330 THE LIFE OF DR. SAMUEL A. MUDD Res. Balto., Md. m. Balto., Md., 12-27-1947, Daniel Michael Hipsley, son of Daniel Henry Hipsley, and Sophia Josephine Zimmerman, both of Balto., Md. Issue i 2.9.1.1 MARY MICHAEL b. Balto., Md., 11-13- 1949. 2.9.1.2 LINDA JANE b. ibid 7-13- 1951. 2.9.1.3 DANIEL PATRICK b. ibid 6-3-1953. 2.9.1.4 MICHAEL DENNIS b. ibid, 6-15-1954. 2.9.2 JAMES RUSSELL ("JIM") b. Balto., Md., 4-14-1928. Res. Balto., Md. m. Balto., Md., 4-14-1951, Ann Margaret Vitek, dau. of Joseph Francis Vitek and Margaret Emma- Louise Robinson. No issue. 2.10 LILLIAN AUGUSTA ("LILLIE") b. Balto., Md., 3-23-1901. Res. officer in U.S. Public Health Service, awaiting assignment, in Wash., D.C. Unmarried. 3. THOMAS DYER b. nr. Waldorf, Md., 6-6-1861. d. Wash., D.C, 2-11-1929. m. (1st) Wash., D.C, 12-29-1898, Mary Elizabeth Hartigan, (b. Brook- lyn, N.Y. 1871; d. Wash., D.C, 4-9-1917), dau. of Patrick Joseph Hartigan and Mary Ann Cava- naugh (d. Wash., D.C, 8-8-1916). m. (2nd) Wash., D.C, 7-11-1922, Amelia Baker (b. Win- fall, N.C, 4-29-1888), dau. of Andrew Jackson Baker and Mary Frances Spence. No issue by second marriage. Issue i (1st) 3.1 STELLA MARIE b. Wash., D.C, 12-6-1899. Res. Sacra., Calif., m. Wash., D.C, 12-29-1924, Lawrence Anderson Kelley, son of Wilson Kelley and Daisy Burgess. Issue i 3.1.1 WILLIAM THOMAS b. Sacra., Calif., 10-29- 1925. Res. at home. Unmarried. 3.1.2 MARY EMMA b. ibid, 6-13.-1927. Res. State Dept. teacher in West Germany. Unmarried. THE LIFE OF DR. SAMUEL A. MUDD 331 3.1.3 RICHARD LAWRENCE b. ibid, 1-31-33. Res. at home. Unmarried. 3.2 RICHARD DYER b. Wash., D.C., 1-24-1901. Res. Saginaw, Mich. m. Ravenna, Nebr., 6-20- 1928, Rose Marie Krummack, (b. Ravenna, Nebr., 6-16-1903), dau. of Joseph Francis Krummack, (b. Altoona, Pa., 9-15-1867; d. Saginaw, Mich., 8-6-1949), and Johanna Mae Siebert, (b. Austria-Hungary, 6-16-1877; res. Saginaw, Mich.) . Issue '. 3.2.1 MARY MARGARET b. Det., Mich., 3-12- 1929. Res. Mill Valley, Calif, m. Saginaw, Mich., 1-3-1951, John Edward McHale. Jr., (b. Houston, Texas, 9-11-1925), son of John Edward McHale and Robbie Scoggins. Issue : 3.2.1.1 MARY KATHLEEN b. Los Angeles, Calif., 10-30-1951. 3.2.1.2 MICHAEL JOSEPH b. San Rafael, Calif., 1-14-1953. 3.2.1.3 MARY THERESE b. ibid, 3-14-1954. 3.2.1.4 JOHN EDWARD b. ibid, 5-25-1955. 3.2.2 RICHARD DYER JR. b. Det, Mich., 6-5- 1930. Res. U. S. Air Force, in Okinawa, m. St. Louis, Mo., 2-7-1953, Marilyn Lou Eales, (b. 2-14-1934), dau. of Feran Kavar Eales and Florence Louise Schmitt. Issue i 3.2.2.1 LINDA KAY b. Greenville, Miss., 12-4- 1953. 3.2.3 JOSEPH FRANCIS b. Det, Mich., 1-30-1932. Res. U.S. Air Force, Stallings AFB, Kinston, N.C. m. Bellmore, L.I., N.Y., 6-5-1954, Rose- mary McPadden, (b. Brooklyn, N.Y., 2-6- 1931) dau. of William Vincent McPadden and Grace Agatha Foeller. 3.2.4 JOHANNA MAE b. Det, Mich., 3-26-1933. Res. at home, Saginaw, Mich. Unmarried. 3.2.5. ROSE MARIE b. Det, Mich., 10-31-1938. 3.2.6.THOMAS BOARMAN b. Det, Mich., 332 THE LIFE OF DR. SAMUEL A. MUDD 9-29-1940. 3.2.7 STELLA KELLY b. San Antonio, Texas, 1-20-1946. 3.3 THOMAS PAUL b. Wash., D.C., 10-24-1902. Res. Wash., D.C., m. Wash., D.C., 6-27-1929, Frances Mary Finotti, dau. of Francis Mary ("Frank") Finotti and Ellen Dunn Harleston. Issue i 3.3.1 THOMAS PAUL JR. b. Wash., D.C., 5-13- 1930. Res. Student for Priesthood, Balto., Md. 3.3.2 FRANCIS FINOTTI ("FRANK") b. ibid, 5-13-1930. Res. Wash., D.C. Unmarried. 3.3.3 JOHN PHILIP b. Wash., D.C, 8-22-1932. Res. Wash., D.C. Unmarried. 3.3.4 MARY CATHERINE b. Dallas, Texas, 5-18- 1935. Res. Wash., D.C. Unmarried. 3.3.5 RICHARD JOSEPH ALOYSIUS b. Wash., D.C, 4-4-1941. 3.3.6 JOSEPH VALENTINE b. ibid, 1-6-1947. 3.4 ROBERT LEO b. Wash., D.C, 5-4-1905. d. Wash., D.C, 6-15-1955. m. Wash., D.C, 6-8- 1931, Evelyn Mary Scharnikow, dau. of Harry Joseph Scharnikow and Honora Fitzgerald. Issue • 3.4.1 RITA MARIE b. Wash., D.C, 3-30-1932. Res. Wash., D.C. Unmarried. 3.4.2 MARY EILEEN b. Wash., D.C, 12-19-1934. Res. Arlington, Va. m. Wash., D.C, 10-30- 1952, Franklin Albert Joyce, son of Charles DeCou Joyce and Marguerite Eleanor Stans- bury. Issue i 3.4.2.1 PATRICIA ANN b. Arlington, Va., 10-12- 1953. 3.4.2.2 SUSAN MARIE b. Wash., D.C, 10-2-1954. 3.4.3 ROBERT LEO JR., b.Wash., D.C, 7-22-1939. 3.4.4 ROSEMARY b. ibid, 11-25-1941. 4. SAMUEL ALEXANDER II b. nr. Waldorf, Md., 1-30-1864. d. nr. Waldorf, Md., 6-21-1930. m. St. Martin's Church, Balto., Md., 11-17-1897, Claudine Louise Burch (b. Bryantown, Md., THE LIFE OF DR. SAMUEL A. MUDD 333 5-25-1875), dau. of John Marine Burch and Emily Teresa Boone. Issue * 4.1 MARY PHYLLIS b. nr. Waldorf, Md., 9-16- 1898. Res. Tompkinsville, Md. m. St. Peter's Church, Waldorf, Md., 11-22-1919, John Ed- ward Frere (d. 2-27-39), son of William Joseph Frere and Josephine Phillips. Issue \ 4.1.1 JOHN EDWARD JR. b. Tompkinsville, Md., 10-5-1920. Res. Bel Alton, Md., m. St. Igna- tius Church, Chapel Point, Md., 1-17-1942, Mary Jane Jarboe, dau. of Joseph Benjamin Jarboe and Jessie Darg, of Bel Alton, Md. Issue i 4.1.1.1 JOHN EDWARD III b. Wash., D.C., 5-13- 1947. 4.1.1.2 JUDITH ANNE b. ibid, 5-3- 1949. 4.1.2 WILLIAM JOSEPH b. Tompkinsville, Md., 4-12-1922. Res. Tompkinsville, Md. m. St. Peter's Church, Wash., D.C., 6-21-1947, Mary Louise Carmel Simpson, dau. of George Roland Simpson and Angela Tippett, of New- port, Md. Issue i 4.1.2.1 THERESA ANNE b. LaPlata, Md., 7-10- 1948. 4.1.2.2 WILLIAM JOSEPH JR. b. ibid, 7-3-1950. 4.1.2.3 GEORGE EDWARD b. ibid, 4-1-1952. 4.1.2.4 MARY ANGELA b. ibid, 4-3-1954. 4.1.3 SAMUEL PHILLIPS b. Tompkinsville, Md., 8-6-1923. Res. Bel Alton, Md., m. Holy Trinity Church, Wash., D.C., 3-5-1945, Doris Anna Hatch, dau. of Beacham Montague Hatch and Marian Leona Mason, of Alexandria, Va. Issue '. 4.1.3.1 PHYLLIS ELAINE b. LaPlata, Md., 8-19- 1951. 4.1.4 CHARLES RICHARD b. Tompkinsville, Md. 12-10-1924. Res. Bel Alton, Md., m. Holy 334 THE LIFE OF DR. SAMUEL A. MUDD Ghost Church, Issue, Md., 12-16-1946, Clara Charlotte Spalding, dau. of Charles Harry Spalding and Mary Violet Tippett, of Leon- ardtown, Md. Issue * 4.1.4.1 CHARLES RICHARD JR. b. LaPlata, Md., 9-25-1948. 4.1.4.2 MARY KAY b. ibid, 1-9- 1950. 4.1.4.3 JOSEPH LARRY b. ibid, 8-5-1951. 4.1.4.4 THOMAS KEITH b. ibid 10-6-1953. 4.1.5 MARIE CARMELITE b. Tompkinsville, Md., 11-10-1927. Res. Tompkinsville, Md., m. Holy Ghost Church, Issue, Md., 10-28-1950, Ferdi- nand Cash Cooksey (d. 10-23-1952), son of William Elmer Cooksey and Amy Lee Cook- sey. Issue ' 4.1.5.1 FERDINAND CASH JR. b. LaPlata, Md., 12-5-1951. 4.1.5.2 JEAN MARIE b. ibid, 1-7-1953. 4.1.6 MARION* LOUISE b. Tompkinsville, Md., 11-10-1927. Unmarried. Res. Tompkinsville, Md. 4.1.7 JAMES ROBERT b. Tompkinsville, Md., 1-30-1929. d. ibid, 6-30-1930. 4.1.8 JAMES MERRICK b. Wash., D.C., 11-19- 1931. Res. Wayside, Md. m. Holy Ghost Church, Issue, Md., 2-7-1952, Muriel Jean Dye, dau. of John Dye and Elizabeth Parks, both of Anawalt, W. Va. Issue i 4.1.8.1 JAMES MERRICK JR. b. LaPlata, Md., 3-6-1954. 4.1.9 FRANCIS BARROW ("BARRY") b. Wash., D.C., 6-24-1937. Res. at home. 4.1.10 EDWARD MUDD b. LaPlata, Md., 4-18- 1939. 4.2 LUCILLE AUGUSTA b. nr. Waldorf, Md., 8-1- 1900. d. LaPlata, Md., 2-13-1946. m. St. Peter's Church, Waldorf, Md., 11-29-1924, John Fran- THE LIFE OF DR. SAMUEL A. MUDD 335 cis Summers, son of Edwin Gwynn Summers and Annie Mace, Res. of widower, Baden, Md. Issue i 4.2.1 JOHN FRANCIS JR. b. nr. Baden, Md., 4-1- 1926. Unmarried. Res. at home. 4.2.2 EDWIN GWYNN b. ibid, 6-8-1928. Res. Hyattsville, Md., m. St. Joseph's Church, Wash., D. C 8-8-1947, Marjorie Eleanor Edelen (b. Gaithersburg, Md., 5-31-1927), dau. of E. Richard Edelen, of Surrattsville, Md., and Georgie H. Wilkerson, of Aquasco, Md. Issue ! 4.2.2.1 SHARON LUCILLE b. Wash., D.C., 7-31- 1949. 4-2-2-2 DEBORAH MARIE b. Hyatts- ville, Md., 9-4-1952. 4.2.3 MARIE LUCILLE b. nr. Baden, Md., 5-21- 1930. Is. Sr. Carmelita Marie. Res. Bon Secour Convent, Balto., Md. 4.2.4 EVELYN ANNE ("NANCY") b. ibid, 11-15- 1931. Unmarried. 4.2.5 SAMUEL JOSEPH b. ibid, 5-12-1934. Un- married. 4.2.6 LAWRENCE JOSEPH ("LARRY") b. Balto., Md., 3-23-1936. Res. in U.S. Marines, Paris Is S C 4.3 CHRISTINE* EVELINE b. nr. Waldorf, Md., 12-24-1902. Res. Newport, Md. m. St. Mary's Church, Newport, Md., 4-16-1922, William Noble Clements, (b. 6-17-1893), son of Robert Lee Clements and Mary Florence Thompson. Issue '. 4.3.1 EVELYN DORIS b. Newport, Md., 4-5-1923. Res. Indianhead, Md. m. St. Mary's Church, Newport, Md., 5-29-1943, Thomas Albert Brooks (b. Liverpool, Eng., 8-11-1915), son of George Brooks and Florrie Woodhouse. Issue : 4.3.1.1 EVELYN ALICE b. LaPlata, Md., 10-1- 336 THE LIFE OF DR. SAMUEL A. MUDD 1944. 4.3.1.2 SANDRA JEAN b. ibid, 11- 28-1948. 4.3.2 WILLIAM NOBLE JR. b. Newport, Md., 10-5-1927. Res. Newport, Md. m. St. Peter's Church, Waldorf, Md., 6-24-1950, Gretchen Lamar Perrie, (b. Aquasco, Md., 5-19-1920), dau. of Joseph Summerfield Perrie and Gret- chen Summers, both of Aquasco, Md. Issue ! 4.3.2.1 WILLIAM NOBLE III b. LaPlata, Md., 6-1-1951. 4.3.3 JOSEPH ALLISON b. Newport, Md., 5-9- 1932. Res. U. S. Army, Fort Riley, Kansas. Unmarried. 4.3.4 EDWARD VIANNEY b. ibid, 7-24-1934. Res. at home. 4.3.5 THOMAS CARROLL b. ibid, 1-9-1938. 4-3- 6 LEONARD JEROME b. ibid, 1-16-1940. 4.4 SAMUEL ALEXANDER III b. nr. Waldorf, Md., 3-8-1905. d. Balto., Md., 12-29-1929. Un- married. 4.5 EMILY TERESA b. nr. Waldorf, Md., 12-25- 1906. Res. Richmond, Va. m. St. Peter's Church, Waldorf, Md., 6-21-1936, William Emery Rogerson, son of William Rogerson and Julia Elizabeth Poole, of Wash., D.C. (both dec.) Issue i 4.5.1 WILLIAM EMERY JR. b. Richmond, Va., 4-3-1937. d. ibid, 8-4-1937. 4.5.2 WILLIAM DONALD b. ibid, 12-20-1938. 4.6 JOSEPH BURCH b. nr. Waldorf, Md., 4-7- 1909. Res. Waldorf, Md. m. St. Peter's Church, Waldorf, Md., 11-28-1931, Helen Louise Simp- son, dau. of Thomas Albert Simpson and Mary Ida Bowman. Issue : 4.6.1 JOSEPH ALLEN b. Wash., D.C, 10-28-1932. Res. U. S. Army, Camp Irwin, Calif, m. St. Francis DeSales Church, Rock Point, Md., 11-23-1952, Barbara Marie Wise (res. Wash., THE LIFE OF DR. SAMUEL A. MUDD 337 D.C.), dau. of Herbert Francis Wise and Grace Marie Stine, of Rock Point, Md. No issue. 4.6.2 PATRICIA ANN b. Wash., D.C., 4-9-1935. Res. Wash., D.C., m. St. Peter's Church, Wal- dorf, Md., 9-25-1954, Julian Blacklock Wills. 4.6.3 SAMUEL ALEXANDER b. Wash., D.C., 8-22-1936. 4.6.4 HELEN ELIZABETH b. ibid, 9-23-1938. 4.6.5 MARY NACY LEE b. LaPlata, Md., 12-12- 1940. 4.6.6 DAVID BRIAN b. LaPlata, Md., 10-17-1944. 4.7 MARIE CARMELITE b. nr. Waldorf, Md., 9-28-1911. m. St. Peter's Church, Waldorf, Md., 7-3-1934, George Mace Summers, (b. 11-29- 1901), son of Edwin Gwynn Summers and Annie Mace. Res. Wash., D.C Issue i 4.7.1 GEORGE MACE JR. b. Wash., D.C, 10-9- 1936. 4.7.2 ROBERT KENNETH b. ibid, 11-12-1938. 4.7.3 ALLAN KING b. ibid, 11-3-1942. 4.7.4 PATRICK MUDD b. ibid, 7-13-1948. 4.7.5 ANITA MARIE b. ibid, 2-6-1950. 4.8 CECILIA DYER (SR. MARY SAMUELA) b. nr. Waldorf, Md., 4-6-1914. Res. Sisters of the Holy Cross, Balto., Md., 4.9 CLAUDINE LOUISE b. nr. Waldorf, Md., 6-9-1917. Res. Waldorf, Md. m. St. Peter's Church, Waldorf, Md., 11-24-1934, Bernard Hampton Cox, son of Robert Hampton Cox and Kathryn Josephine Mudd. Issue * 4.9.1 SHIRLEY MARIE b. Wash., D.C, 6-25-1935. m. St. Peter's Church, Waldorf, Md., 5-22- 1954, John Francis Hardesty Jr., son of John Francis Hardesty and Ester Lena Mayer. 4.9.2 MARGARET ANN b. Wash., D.C, 10-11- 1936. d. Wash., D.C. 2-20-1937. 4.9.3 BERNARD HAMPTON JR. b. ibid, 6-12- 1939. 338 THE LIFE OF DR. SAMUEL A. MUDD 5. HENRY b. nr. Waldorf, Md., abt. 1869-70. d. at age of 8 months. 6. STELLA MARIE b. nr. Waldorf, Md., 7-4-1871. Sr. Rosamunda, of the Sisters of the Holy Cross, died, Ogden, Utah, 12-13-1952. 7. EDWARD JOSEPH b. nr. Waldorf, Md., 7-28- 1873. d. Annapolis, Md., 12-22-1946. m. Wash., D.C., 6-6-1900, Gertrude Veronica Casey, dau. of James Francis Casey and Catherine Elizabeth McCarthy. No issue. 8. ROSE DE LIMA b. nr. Waldorf, Md., 10-8- 1875, d. at home, nr. Waldorf, Md., 3-15-1943. m. Balto., Md., 2-13-1901, Albert J. Gardiner (b. 9-29-1847; d. 5-13-1934), son of Thomas Syl- vester Gardiner and Mary Eliza Mudd. Issue * 8.1 SAMUEL JEROME b. nr. Waldorf, Md., 11-9- 1901. Res. Waldorf, Md., m. St. John's Church, Clinton, Md., 1-4-1926, Elizabeth Ann Virginia Mudd (b. Clinton, Md., 10-18-1903), dau. of Bernard Albert Mudd, (b. 5-26-1869), and Frances Edith Middleton, (b. 5-8-1870), both of Clinton, Md. Issue i 8.1.1. ELIZABETH ANN VIRGINIA b. nr. Wal- dorf, Md., 12-9-1927. Res. Waldorf, Md. m. Wash., D.C. 2-11-1949, Roy Franklin Daugh- erty, (b. 4-11-1928) son of Leonard Clay Daughtrey (b. Caneyville, Ky.) and Edna Wells, (b. Falls of Rough, Ky.). Issue '. 8.1.1.1 ROY FRANKLIN JR. b. Wash., D.C, 9-21- 1950. 8.1.1.2 ELIZABETH ANN b. La- Plata, Md., 2-11-54. 8.1.2 FRANCES EDITH b. Waldorf, Md., 4-22- 1929. Unmarried. 8.1.3 PAUL ROBERT b. ibid, 1-11-1931. Un- married. 8.2 ALBERT JOSEPH b. nr. Waldorf, Md., 9-10- THE LIFE OF DR. SAMUEL A. MUDD 339 1903. Res. Waldorf, Md. m. Medley's Neck, St. Mary's Co., Md., 9-13-1941, Mrs. Thelma Kath- leen Fowler Lippold (2 children by 1st marri- age). Issue : 8.2.1 DELORES ROSE b. Waldorf, Md., 6-8-1943. 8.2.2 FRANCIS JOSEPH b. ibid, 8-14-1945. 8.3 (SARAH) FRANCES b. nr. Waldorf, Md., 5-2-1907. Res. Wash., D.C. Unmarried. 8.4 JAMES RUDOLPH b. nr. Waldorf, Md., 8-9- 1911. Res. Waldorf, Md. m. St. Mary's Church, Piscataway, Md., 1-22-1938, Mary Edith Mudd (b. Piscataway, Md., 7-4-1918) dau. of Ernest Irving Mudd and Dorothy Eleanor Cooke, of Clinton, Md. Issue i 8.4.1 JAMES CHRISTOPHER b. Wash., D.C, 10- 12-1949. 8.4.2 CATHARINE ANITA b. ibid, 10-14-1950. 8.4.3 STEVEN RUDOLPH b. ibid, 6-18-1952. 8.5 MARY MARJORIE b. nr. Waldorf, Md., 5-7- 1914. Res. Wash., D.C. Unmarried. 8.6 JOSEPH BERNARD b. nr. Waldorf, Md., 8-12- 1916. Res. Waldorf, Md., m. St. John's Church, Clinton, Md., 8-12-1942, Dorothy Eleanor Mudd (b. 12-20-1922) dau. of Ernest Irving Mudd and Dorothy Eleanor Cooke, of Clinton, Md. Issue i 8.6.1 DOROTHY ELEANOR b. LaPlata, Md., 8-30- 1945. 8.6.2. MARIE BERNICE b. ibid, 9-11- 1946. 8.6.3 JOSEPH BERNARD JR. b. ibid, 8-6-1947. 8.6.4 ERNEST PATRICK b. ibid, 3-18-1949. 8.6.5 ROGER LEE b. ibid, 11-16- 1950. 8.6.6 SANDRA JEAN b. ibid, 11-9- 1951. 8.6.7 STELLA ROSE b. Wash., D.C, 11-13-1952. 9. MARY ELEANOR ("NETTIE") b. nr. Wal- dorf, Md., 1-10-1878. d. Balto., Md., 12-31-1943. m. Balto., Md., 12-8-1906, Daniel Eldridge Mon- roe (d. 9-14-1914). 340 THE LIFE OF DR. SAMUEL A. MUDD Issue * 9.1 WILLIAM ELDRIDGE JR. b. Balto., Md., 9-27-1907. d. 1907. 9.2 SARAH FRANCES b. ibid, 9-27-1907. d. 1907. 9.3 JAMES VICTOR b. ibid, 11-7-1908. Res. Balto., Md. Unmarried. 9.4 FRANCES DYER b. ibid, 10-12-1910. Res. Balto., Md. m. St. Gregory Church, Balto., Md., 6-27-1943, Albert Clinton Welling. No issue. (NOTE: When the expression "near Waldorf, Md." is used, reference is made to the home of Dr. Samuel Alexander Mudd, which was, and still is, located on the 'Gallant Green Road, 9 running East and West between Beantown and Malcolm, Md., and lies ap- proximately % miles North of that portion of Zekiah Swamp known as 'Devil's Nest/ #*4 niiles West of Malcolm. The St. Peter's Church, Waldorf, Md., referred to many times, is also on Gallant Green Road, being approximately l 1 /^ miles East of Beantown, Md.) *,W¥ CHAPTER XXI LETTERS NOT IN ORIGINAL EDITION DR. MUDD'S PARDON Bryantown, Chas. Co., Md. Jan. 13th, 1862 0. A. Brownson Dear Sir: I sometimes since received a bill from your pub- lisher in New York — whom I wrote stating my reasons for withdrawing my subscription to your once able review for non payment of the present account. I now repeat in substance what I then wrote to the publisher — viz. that I had not been a subscriber since 1859— the Rev. Father Vizinanzi was then agent — The Review continued to be rec'd in 1860. I inquired of Father Vizinanzi whether he had erased my name from his list of subscribers? He told me he had. When the first Vol. 1860 was rec'd I considered it a mistake or negligence on the part of the Agent — but learning to the contrary I considered it a gratuity or inducement for further subscription — so I did not trouble myself until the reception of a bill from the Publisher in New York — to which I replied immediately that I was no sub- scriber and ordered it to be discontinued. It was sent again in 1861 until receiving a bill, which I again a second time responded to, and stated that many of the Vols. I had refused to take from the office — and at his request and expense, those that I had and those in the Post Office would be return- ed. This is the third time I have been troubled on your account, and I am in hopes you will not bother me again, unless you can show clearly- that I am truly indebted to you. "It is hard to kiss the hand that smites." Through you our country beloved by its people and the won- der of the world, lias rec'd. an irreparable injury. 342 THE LIFE OF DR. SAMUEL A. MUDD Your encouragement to the Revolutionist and men of no religion of Europe — Your condemnation of the National party or parties, and influence given to Sectionalism and the fear of rendering yourself unpopular in the North — has had a great weight in bringing about the present deplorable state of our Country — You have even advocated revolution here, in order to be consistent with your language upon European affairs, forgetting that there is no rule without an exception, and the principles of the Constitution. The present Civil War now raging, was not brought about entirely by fear on the part of the South, that their property in Slaves was endangered, but more by an unwillingneess to yield up rights guaranteed by the Constitution of the United States — the privilege of framing laws and enjoying all immunities not reserved by the General Constitu- tion. The South could not give up State rights — The North found Slavery unprofitable, therefore, abolished it, without any interference by the South — and all we have asked is the exercise of the same power and right. Under the system of State Rights, under the Constitution of the United States— Every Abolitionist is a disunionist. Republicanism we view in the same light on account of its exclusiveness and Sectionalism. We do not object to Republicanism or Abolitionism being a State organization or party, (provided they are passive) because the right the power is accorded under the Constitution. But we are bitterly opposed to its being brought into National Politics or its principles rendering fit, an officer to execute or legislate for our Common Country. A majority of the people of the North — believe Slavery to be Sinful, thereby they attempt to force down our throats, their religious Convic- tion, which is Anti-Catholic and uncharitable. The North on account of its pride, shortsighted- ness, hypocricy and much phylanthropy — has caused the destruction of one of the most glorious nations THE LIFE OF DR. SAMUEL A. MUDD 343 upon the face of the earth. The South even those termed Seceders and leaders of Secession — desire union ! Yes Union ! — It is the longing of my heart, that the same old Star Spangled should continue to wave over the land of the free and the home of the Brave. But Alas! we know not in what manner it can be brought about. One thing seems certain to us all, the Union can never be restored by war, and the North must be very blind not to know and see it. The Success of the Federal arms does not justify a further prosecution of the war, thus far they have not gained a single victory; they have not gained one foot of territory, other than the enemy by his prudence and defensive attitude granted — with exception of a few batteries on the barren sea coast. The South has already mani- fested more energy, industry, prudence and Yankee- ism than the North — They have erected foundries, manufactories of various sorts, and in a few months will be enabled to live well, with sealed ports. She is possessed of every ingredient to make her self-sustaining and powerful — all she wants is a little more time, and if the war should be pro- tracted, all the better for her future, because her resources will be brought out. Her iron, lead and other mines, which she is rich in will be worked and cause her not to look abroad for supplies. The people of the South are differently consti- tuted from those of the North — attributable to edu- cation and climate. As an example they are more sensitive — their sense of honor is much more keen and they would sooner run the risk of death, than live with an injured reputation. It is seldom you hear of a duel in the North, where parties are challenged to mortal combat to settle their griev- ances, but you find instead a recourse to law — a few dollars satisfying the dishonored. I say this in no disparagment, but merely to show the dissimi- larity of the two people. The South also possess in a high degree — the virtues of forbearance, en- 344 THE LIFE OF DR. SAMUEL A. MUDD durance and magnanimity. The war as it has pro- gressed goes to prove and you will find these char- acteristics still more noticeable as it advances. The people of the North are Puritanical, long faced or Methodistic and hypocritical — they deal in Sympa- thetic language to hide their deception — their actions are Pharisaical, covert, stealthy, and cowardly. They are law abiding so long as it bears them out in their selfish interest, and praisers and scatterers and followers of the Bible so long as it does not conflict with their passions. They make good cow drivers, pickpockets and gamblers. With these traits of character in your leading politicians and preach- ers — it is impossible that confidence can be inspired in the South. Their words and actions for reasons alleged above are all met with mistrust by their Southern brethren. Your people have so degener- ated, that were it not for the foreign element — which you possess — there would be only war on parchment, as it is, there is just enough of true Yankee to make the rest good for nothing, but an expense to the Nation. They light very hard when there is no danger of being hurt and for the want of some visible exemplification of the destruction of shell and shot, they turn their pieces upon each other, resulting in the death of many, which for- tunately is more gain than loss to the Federal Gov- ernment. The union would be better maintained and re- stored, if the battles could always take place among each of this vast Army of 700,000 and end in its own total destruction, because the cause being re- moved — the patient the Government, would be soon convalescent — unless the system is so much depress- ed, there is not left sufficient vital power to bring about a healthy reaction. I regret sincerely to see such a lack of Patriotism in the Present Administration and in the repre- sentatives of the North. They seem to be dreamy and mystified— they rush headlong regardless of law THE LIFE OF DR. SAMUEL A. MUDD 345 and its consequences and skulk like sheep-stealing dogs, when another nation stands up in open con- travention. I confidently assert, that if there was any other man at the head of the Government of true conservative and constitutional principles, the Revolution would immediately cease so far as the South is concerned. It's my opinion that you and Bishop Hughes have put yourselves upon the same footing as the rest of the demagogues and Preachers of your Section such as Beecher, Cheeves, Smith, Phillips and Etc. You have destroyed all the good you have accomplished and the church instead of prospering will lose ground in your midst so soon as the gov- ernment settles down once more into a peace. They will see clearly, the folly of those would be leaders political and religious, and it's not the least improb- able that many will have to seek an asylum in a foreign land. You will please excuse this hasty and roughly scribbled epistle — it is not my intention to rob you of that jewel — honesty of intention. You know full well, that slavery being a State institution recog- nized by every administration and confirmed by many acts of Congress, can only be abrogated by State will. The South has stood a high protective tariff for many years, without a murmur, (except- ing S. Carolina) and for what? Namely to support a few manufacturing interests in the North. The North has grown rich by the products of slave labor, pride and self esteem was its consequence; he con- siders himself the most exalted of God's creation, and deigns to establish principles of humanity for the rest of mankind. Christ, our Saviour found slavery at his coming and yet he made no command against its practice. Therefore I think it is a great presumption in man to supply the omissions which God in his infinity thought proper to make. My remarks are more directed to the Non- Catholic portion of the North but I fear from your 346 THE LIFE OF DR. SAMUEL A. MUDD leaning and that of Bishop Hughes, you will bring about an unkind feeling between members of our church — especially against their Superiors, North and South. I would like, had I the time to give you some practical illustrations of the two systems of labor in a medical, religious and temporal point of view, as it is manifest to me, but I must now conclude by wishing you prosperity in all your undertakings when directed for the honor and glory of God. Most respectfully, Samuel A. Mudd, M.D. 0. A. BROWNSON D. D. LL.D. (Original in 0. A. Brownson collection, University of Notre Dame Archives.) Bryantown August 7th, 1865 Gen'l Hardie. When I was up at Washington on last Wednesday I made application through you to Secretary Stanton wishing to know how and under what circumstances I could hold correspondence with my husband Dr. Mudd. Also if Dr. Mudd could have clothing and money from home to make him comfortable. You told me you would attend to the matter and I would receive a reply from you next day. Days have passed and my anxiety to write to and receive a letter from him is getting the better of me. I looked into your face and thought from outward appearances you had a good heart but I believe all who are high in Office have no hearts at all. Could (you) have seen me last night a lone watcher by the dying bed of Doctor's Mother and have known all the agonizing thoughts that passed through this poor weary brain, I think the picture would have moved you to pity. Doctor's mother has fallen under the terrible ordeal under which she has gone through, owing to the persecution of her innocent son. In a few short THE LIFE OF DR. SAMUEL A. MUDD 347 hours she will be insensible to the misery of this world. But alas poor me left to suffer on, how long, Lord, how long. Gen'l Hardie I ask you as a gentleman and a Christian to attend to the business you told me you would and let me hear from you immediately and you will receive the sincere thanks of a bruised and bleeding heart. Respectfully, Sarah F. Mudd Gen'l Hardie (From the National Archives, Washington, D. C.) War Dept Aug. 11/65 Madam : In reply to your communication of the 7th inst., addressed to Brig. Genl. Hardie, I have to inform you that the Sec'y of War has been unable as yet to take any action upon your application in refer- ence to holding correspondence with, and sending clothing &c to your husband. You will be promptly notified of any decision made by him in the matter. Yr. obdt. Servt. Thos. T. Eckert Act. Asst. Secy. Mrs. Sarah F. Mudd Bryantown, Md* (From the National Archives, Washington, D. C.) Fort Jefferson, Tortugas, Florida, Sept. 19th. '65 Capt. W. R. Prentice My Dear Sir, I -did not observe until this morning the token of your friendship and kindness. I accept with pleasure the volume, ("Les Miserables") and often as my eyes shall scan its consoling pages — my mind shall revert with gratitude towards the Donor for the 348 THE LIFE OF DR. SAMUEL A. MUDD kind consideration received. You will please excuse my present poverty for a more suitable reciproca- tion of good feeling, and accept a small medal— usually worn by members of the Catholic Church, as a monitor and in honor of the Blessed Virgin, Mother of Christ. With many regrets at your early withdrawal from the Chief Command of the Post and contem- plated departure homeward — a pleasant trip — a happy future — I am very respectfully and truly Yours Obedient Ser'vt. Saml. A. Mudd M. D. Hdqrs Fort Jefferson Fla. September 25, 1865. Sir: I have the honor to report that this morning upon searching the U. S. Transport Thos A Scott before her departure for New York Dr Saml A Mudd was found secreted in the Lower Hold of the vessel under some planks. I immediately placed him in the dungeon in irons. From the position in which he was found I thought that he must have secured aid from some Party or Parties on board the stmr. I went to the dungeon in which Dr Mudd was con- fined, and threatened him with some punishment unless he disclosed the name of the parties who assisted him, he at last stated that a man by the name of Kelly one of the crew of the steamer, assist- ed him. I immediately ordered his arrest and now have him confined in irons. From the evidence of one James Healy Coal Passer on the Steamer Scott whose deposition has been taken, I am of the opinion that Kelly was bribed by Dr. Mudd as I understand that he Mudd has offered money to parties here to get them to do him favors. Henry Kelly is a young man. I should think about 18 years old. THE LIFE OF DR. SAMUEL A. MUDD 349 I would respectfully request that orders be given me in regard to the disposition of this man Kelly. I am Sir Very Respectfully Your Obt. Serv't George E. Wentworth Major 82d. U.S.C. Infty Commanding To: Adjutant Genl U.S.A. Washington D.C. (From the National Archives, Washington, D. C.) TO THE MAJOR COMMANDING SIR, I Acknowledge to having acted contrary to my own judgment & honor, in my attempted escape. I assure you it was more from the impulse of the moment & with the hope of speedily seeing my dis- consolate wife & four little infants. Mr. Kelly did not secrete me aboard, but, promised to do so only. Before I was detected I had made up my mind to return if I could do so without being observed by the guards. I am truly ashamed of my conduct, & if I am restored again to the freedom of the Fort & former position, no cause shall arise to create your displeasure, & I shall always counsel subordi- nation to the ruling authorities. By complying or relieving me from my present humble locality — you will merit the gratitude of your humble servant, a devoted wife & four dear little children. I do not complain of the punish- ment, but I feel that I have abused the kindness & confidence reposed, & would be glad exceedingly to comply with any other honorable acquirement [sic], whereby, I may be able to wash away, the folly of my weakness. TRULY & RESPECTFULLY YRS&c SAML. A MUDD 350 THE LIFE OF DR. SAMUEL A. MUDD TO MAJ. COMMANDING (Maj. George E. Wentworth) Sept 26th. 1865. (Original in The Illinois State Historical Library.) Fort Jefferson Dry Tortugas Fla. Oct. 21st 1865 My Dear Jere, Since I wrote you last, we four & another prisoner under a life sentence, recently arrived, have been locked in a room every night closely guarded & not allowed to leave the door during the day with- out being accompanied by a guard. This is said to be owing to a rumor or information which the Govt. is in possession of, that a plot or plan is originating, either at Havana or New Orleans to rescue us from this place. The Nation certainly is growing mad to believe in such nonsense; & we the victims of its Credulity, feel greatly the Sting caused by the Sen- sationist & Political Intriguers hostile to our well being. No man can say naught against the Conduct of either of us up to the present, other than my indi- vidual effort to get away, and I plead my appre- hensions—the insecurity of life, the humiliation of being guarded by an ignorant, irresponsible & pre- judiced negro Soldiery, before an Enlightened People as a justification. We are now guarded entirely by negro soldiers & a few white Officers a skins differ- ence. You will please quietly enquire concerning these foolish reports, so injurious to us, & know what orders if any, that have recently eminated [sic] from the War Department regarding our future imprisonment. We are of the opinion that these rumors were gotten up purposely to have an excuse to treat us with more rigor & hardship. The only way such a thing could be possible, would be by capturing the Fort, which could only be effected by THE LIFE OF DR. SAMUEL A. MUDD 351 a large fleet & land force, and then only by starving it out. I reed, no advice or council until it was to[o] late. Could we have had the White Regiment, the 161st N.Y.V. to guard the place no thought of leav- ing should harve have been harbored for a moment. I reed, a letter, some letter paper, scapulas, beads, stamps & etc a few days ago, from Cousin Ann. I am truly sorry I did not receive such letters earlier. Should you see her, inform, that I will not be able to answer for some days, owing to the restrictions under which I am at present placed. I also reed, a letter from Frank. I have heard there would be restrictions placed over our correspondence, so be careful what you write. Give my love to all; I will not be able to write as often, owing to my altered position. I am very well, hoping the Circumstances that led me to make the foolish attempt to extricate myself from this woeful place, may be ameliorating I am most truly & devotedly Your &c Saml A Mudd N.B. Write me soon & let me know wheather [sic] my attempted escape will have a tendency to prolong my stay here, or likely to lessen the influence of friends. I have done nothing more than any other man would under similar circumstances. There is no man living, but would free himself from such a place at the present time, had he the power, I am resolved not to leave this place unless released by proper authority. (From LINCOLN COLLECTOR by Carl Sandburg. Used by permission o) Harcourt, Brace and Com- pany, Inc.) 352 THE LIFE OF DR. SAMUEL A. MUDD Head Quarters Department of Florida Tallahassee Oct. 21st. 1865 Major General P. H. Sheridan Comdg Mil Div of the Gulf New Orleans La General : Having this evening re- turned from an inspection of the different posts on the coast of Florida, and finding the telegram from the War Department, with your endorsement, I am prepared, in addition to my report forwarded to you by Major Parsons of your staff, to make the following statement in relation to the attempted escape of Doctor Mudd from Fort Jefferson, Tor- tugas. On the 25th September Doctor Samuel A. Mudd attempted to escape by changing his clothes, and succeeded in getting on board the United States transport "Thomas A. Scott/' and secreting himself under some planks in the lower hold being assisted by one of the crew named Henry Kelly, and probably others. The guards searched the ship for him, and prick- ing with their sabres between the joints of the planks, stuck Doctor Mudd in the leg, whereupon he came out. He was placed in irons. From all the information and the best evidence obtained I cannot throw the blame or responsibility for that act upon any single individual, besides Henry Kelly one of the crew of the "Scott" but am satisfied that several men in the 161st. New York Volunteers also aided Doctor Mudd in his attempt, and three others in their actual escape. To the energy of Major Wentworth 82nd. U. S. C. I., the present commander at Fort Jefferson, and to his subordinates in that regiment, the recapture of Mudd can be ascribed, and to judge from the vigilance, and discipline of the present garrison, I am satis- fied of the safe custody of the prisoners. The 161st. New York Volunteers are on their way to Elmira N.Y. for muster out, by reason of THE LIFE OF DR. SAMUEL A. MUDD 353 expiration of term of service ; The remaining mem- bers of that Regiment whose term of service does not expire now and who are consolidated into two companies I have withdrawn from Fort Jefferson and ordered for duty to this place. I am General Very respectfully Your obdt. Servt. (Signed) J. G. Foster Maj Genl Comdg Head Quarters Military Division of the Gulf New Orleans La Oct 26th. 1865 Official Copy Respectfully furnished for the infor- mation of the Secretary of War. Geo. A. Forsyth. Bvt. Brig. Genl Chief of Staff (From the National Archives, Washington, D. C.) Balto April 12 1867 Dear Frank To day I've been able to see Ridgely & he says he can do nothing until after he sees Reverdy John- son, & learns from him what bills were passed by congress, that would have a bearing on Sams case. The Senate will adjourn tomorrow, and he will be here the first of next week — he also stated Chase had now been assigned to this Circuit, & would be here the first of next month, & he would see him and again make the application for the writ, as there is now no doubt as to his jurisdiction, under the decision of Chief Justice Lorner & says he thinks he now will have no excuse for not issuing it, I have ; gotten back the letter of Capt Henry which was stolen from Ridgely in Washington — Henrys letter is sworn to — he gives a conversation he had in Washington, with Gen. Hunter in which Hunter states he nor the Court never believed Sam had any thing to do with 354 THE LIFE OF DR. SAMUEL A. MUDD the killing of Lincoln, but was the victim of his own timidity. Iv left the letter with Mr. Carter the Editor of the Boto Gazette, this morning he told me he would examine it & let me know tomorrow if he thought it best to publish it if so he would do it & comment on it. If he advises to do so I will go over to Washington on Tuesday & get the Editor of the Intelligencer to publish it also — it Clearly proves, that Hunter believed — Sam was innocent of any conspiracy. I will urge the matter & do all in my power to procure poor Sams release & when I come down next Satturday, will give you my views of what can be done. Mary Clare will go down to Dr Blandford on Tuesday. I will not leave here until Satturday morn- ing. As I will be a widower for three or four days. How is Bess getting on farming, has done any plow- ing & finished stripping Job tell Mr Bess I hope he has his Pig fat for I will certainly call on him for it at Easter I suppose he will be able to give me Beets & beans & peas also. Can you not have a s[t]uffed ham. I am tired of Balto meet, does Andrew & Lilly go to school, tell Andrew if Lilly knows more than he does, I wont give him one thing, but will give Lilly something pretty. Love to Lilly & Children Yor Brother Jere Mary Clare is very well ) but anxious to get down home) (From LINCOLN COLLECTOR by Carl Sandburg. Used by permission of Harcourt, Brace and Com- pany, Inc.) Ft. Jefferson Fla. Nov 7th 1867 My Darling Frank, I reed yours of the 22nd Oct. last night. Also a letter from Key West relative to my case, contain- ing the opinion of the Lawyer (in my case) — which is far from being pleasing. I have been so inured to hardships, that this fresh surprise, hardly awakens THE LIFE OF DR. SAMUEL A. MUDD 355 more than the natural feelings of revenge of wrongs inflicted and suffered. I shall leave Jere to explain the contents of the letter, believing him more com- petent to give it a proper version. I am however lead to hope for satisfaction & redress at the hands of our Most Worshipful President, the very cause & source of all my miseries. It is a strange disease that is cured by its cause. If poison sickens, take a little more, & it will cure — (that is), by killing. This is the remedy held out to me. I do not wish to in- crease your present trials and difficulties by the narration of gloomey forebodings — but I must calmly state that I look forward with no degree of hope. Those who have sent me here, knowing the outrage they have committed, against me, will be the last to sanction my release. A letter was reed, from Mr. Ford the last mail stating the Articles had all safely come to hand— so Lilly will soon [have] reed her desk. I shall send yours by the first safe opportunity, that presents. How I am grieved I can't do more. The only anguish I suffer is in regard to you & our little children. I have grown accus- tomed to imprisonment & it no longer gives me pain. My soul though sometimes burn[s] with vengence [sic] when I think of the authors. You spoke of Pa's proposal to break up housekeeping & live with him another year. This, although kind in him would render you far more unhappy & miserable. You would feel far greater dependence, moreover the children would ever be a source [of] anxiety & trouble Try therefore to remain where you are at present, but learn from the past to prepare better for the future & not be incommoded by a set of worthless hands. Sell off all stock except that which is actually needed for you own use & which it costs to keep. You did not state the bargain that had been made by Pa with those Parties for the rent of the place. How it was to be worked wheather [sic] you furnished any of the means &c. Give me full particulars when you write again. Bear up bravely 356 THE LIFE OF DR. SAMUEL A. MUDD against present adversities & I am in hopes God from whom all Governments proceed, will bring order out of the Present Confusion & allow justice once more to prevail. Say something kind to each of the children from me. Tell Andrew he must learn fast & write to me. Try to give him ambition to learn w4fcfc e«fc not [to] create disgust or dislike to books &c. Hoping this may find you & family — Dear Pa Ma & all well I am as ever devotedly Yrs Sam (From LINCOLN COLLECTOR by Carl Sandburg. Used by permission of Harcourt, Brace and Com- pany, Inc.) Fort Jefferson, Florida Jan. 1st 1868 My Darling Frank. To day, being New Year, I will begin it by drop- ping you a few lines to let you know that I am spending the day soberly & thoughtful of you & little ones. I sometimes fancy I can see the dear little creatures coming in with chattering teeth & little snotty noses shivering with cold. I have felt great concern to know how you are provided with fuel & fire. Since the darkies have been turned away. Jere in his last told me he had been down though did not state wheather [sic] he had obtained any one to see to affairs during the winter. Your last letter led me to a different conclusion which the one preceding was calculated, had I not seen through the myth. Any one would judge from the former that my release was immediate — all that had to be done was to present the petition & etc. with the long list of Hon. Names to obtain the de- sired boon. Your last postpone the happy day four months longer— planting time. I can't see there is so much virtue in Honorable Names & letters — or even for meritorious services rendered. These are hard things to overlook. I have no doubt saved THE LIFE OF DR. SAMUEL A. MUDD 357 dozens of lives & thousands worth of property to the nation & can say from my inmost heart that I have never so much desired the death of an individual — yet you with me & the children are suffering for a crime which I am sure never entered our brains. This is justice I would like to see visited upon those who have so cruelly wronged me, that they may be brought to a sense of their guilt & may atone for their crime I have seen mention of the action of the Medical Confraternity in my behalf, but of what use, if it will not secure my release. My pride is not elevated by seeing my name paraded in the Newspapers as deserving the clemency of the Gov- ernment for the services I have rendered. Why don't they take up the case & prove my innocence & confound my infamous calumniators. This would be doing the world a service, besides relieving the injured — I don't say satisfy. My Darling Frank you ask me to write some- thing cheering? Nothing would afford me more pleasure than to be able to comfort & console you in your present unhappy & helpless condition. So long as the Government is controled [sic] by men without souls & less honesty I can [not] promise you nor myself anything. The Spirit of infidelity pervades the whole Country. This is not only in regard to God, but to the laws & the Constitution of the Country. They are materialists & think only of self gratification — exulting in the ruin & misery they cause others. I have had no means except by reading to arrive at the truth of our political woes. The soldiers are a very ignorant class generally & there is no one here in civil life who is capable of advising. The Officers I rarely have anything to say to. You can now judge of the facilities I have of acquiring knowledge, even upon the most unimportant matters. The Gentle- man whom I have been expecting down — has not made his appearance. I will be prepared to undergo his bread & water administration upon his arrival. 358 THE LIFE OF DR. SAMUEL A. MUDD I think I have acted wisely. I shall certainly not make any statement until I am placed right before the law. The only comfort or consolation I can give you, is, that I am well with a very good prospect of living until planting time. You are in a situation to know more than myself, consequently you should look to those better informed & receive cheer. If you believe all that is told you I am sure you ought not to despond on my account. Two Companies of soldiers have been ordered from here to New Orleans & will leave upon the first steamer that arrives. The two remaining Companies have orders to be in readiness to move, but their destination is not known. From what I have heard & can judge this Post will soon be guarded by negro troops — perhaps early in the Spring. Owing to the damp and unhealthy condition of the Fort, the Comman- dant has recommended that the Garrison & Prison- ers be removed to one of the Islands near & erect temporary sheds &c to shield us from the heat of the sun & rain. The truth is beginning to be mani- fest. Tell Lilly Pop has nearly completed her little work box. It is made of mahogany & inlaid with crab wood. Three little leaves representing a branch is inlaid in the corners of the top— a fancy piece in the centre with the enetials [sic] of her name in German letters engraved & inlaid, which looks quite nice. I have the sides yet to finish. I have several little crosses made of crab wood which I will send to be distributed among you all. We received the box & barrel of Potatoes in good order. There is no objection to our receiving anything. The jug of whiskey was a great treat to us — it lasted us over a week — so you can judge our moderation. Maj. Andrews has given us permission to receive any- thing our friends chose [sic] to send us not except- ing whiskey. Remember me to dear Pa & Ma & family to all of our household — kiss our darling little children & tell them Pop loves them with all his THE LIFE OF DR. SAMUEL A. MUDD 359 heart, & they must be good & learn their little'lessons well & learn to write to Pop — Wishing you my precious Frank and all a happy New Year — I am devotedly Yours husband Sam (From LINCOLN COLLECTOR by Carl Sandburg. Used by permission of Harcourt, Brace and Com- pany, Inc.) Attorney General's Office Washington. August 29th, 1868 Hon Jno. M. Schofield Secretary of War. Sir: I deem it proper to inform you that the following telegraphic despatch was received yesterday after- noon at this Office from the United States' Marshal for the Southern District of Florida: "Application to the Judge U.S. District Court for writ of habeas corpus for release of Mudd, Spangler and Arnold has been made. Held under consideration." Should the Court decide to issue the writ, I pre- sume you will be duly informed of the fact by the Military Officers having the men in custody. Very respectfully, Sir Your obedient servant I. Hubley Ashton Acting Attorney General (From the National Archives, Washington, D. C.) Attorney General's Office Washington Sept. 5th, 1868 Hon : J. M. Schofield, Secretary of War. Sir: I have the honor to inform you that I received a telegram from the United States Marshal at Key West stating that Judge Boynton 360 THE LIFE OF DR. SAMUEL A. MUDD refuses a writ of habeas corpus in the cases of Mudd and others. Very respectfully, Your obedient servant, I. Hubley Ashton Acting Attorney General (From the National Archives, Washington, D. C.) St. Catherine, Chas. Co., Md. August 5th 1869 Adjutant General U.S.A. Washington, D. C. Sir, I earnestly beseech your clemency in behalf of Wm. Bradley — a prisoner confined at the Dry Tortugas Fla under sentence of Court Martial from the State of Mississippi for Horse Stealing—. This prisoner with several others arrived there during the prevalence of Fever in 1867 — was attack- ed with the disease & came near dying — His health since has been very feeble — So much so as to be unable to perform the lightest duty. He candidly admits his guilt & expresses sorrow & firm resolve to restore to those whom he has injured to the best of ability. During my confinement at the above named place I became well acquainted with this prisoner & believe him sincere in his resolves for the future. Hoping to have a favorable in his regard — I have the honor to be Very respectfully &c Yrs. obt. servt. Saml A. Mudd. M.D. Adjutant Genl. U.S.A. Washington, D.C. (From the National Archives, Washington, D. C.) THE LIFE OF DR. SAMUEL A. MUDD 361 PARDON FROM PRESIDENT ANDREW JOHNSON TO DR. SAMUEL A. MUDD February 8, 1869. ANDREW JOHNSON President of the United States of America To all to whom these Presents shall come, Greeting: Whereas, on the twenty ninth day of June in the year 1865, Dr. Samuel A. Mudd was by the judgment of a Military Commission, convened and holden at the City of Washington, in part convicted, and in part acquitted, of the specification wherein he was inculpated in the charge for the trial of which said Military Commission was so convened and held, and which specification in its principal allegation against him, was and is in the words and figures following, to wit: "And in further prosecution of said con- spiracy, the said Samuel A. Mudd did, at Washing- ton City, and within the Military Department and military lines aforesaid, on or before the sixth day of March, A. D. 1865, and on divers other days and times between that day and the twentieth day of April A. D. 1865, advise, encourage, receive, enter- tain, 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 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 con- spiracy in manner aforesaid;" And whereas, upon a consideration and examina- tion of the record of said trial and conviction and of the evidence given at said trial, I am satisfied that the guilt found by the said judgment against the said Samuel A. Mudd was of receiving, entertain- ing, harboring, and concealing John Wilkes Booth 362 THE LIFE OF DR. SAMUEL A. MUDD and David E. Herold, with the intent to aid, abet and assist them in escaping from justice after the assassination of the late President of the United States, and not of any other or greater participation or complicity in said abominable crime; And whereas, it is represented to me by intelli- gent and respectable members of the medical profes- sion, that the circumstances of the surgical aid to the escaping assassin and the imputed concealment of his flight are deserving of a lenient construction as within the obligations of professional duty, and thus inadequate evidence of a guilty sympathy with the crime or the criminal ; And whereas, in other respects the evidence, imputing such guilty sympathy or purpose of aid in defeat of justice, leaves room for uncertainty as to the true measure and nature of the complicity of the said Samuel A. Mudd, in the attempted escape of said assassins; And whereas, the sentence imposed by said Mili- tary Commission upon the said Samuel A. Mudd was that he be imprisoned at hard labor for life, and the confinement under such sentence was directed to be had in the military prison at Dry Tortugas, Florida, and the said prisoner has been hitherto, and now is, suffering the infliction of such sentence; And whereas, upon occasion of the prevalence of the yellow fever at that military station, and the death by that pestilence of the medical officer of the Post, the said Samuel A. Mudd devoted himself to the care and the cure of the sick, and interposed his courage and his skill to protect the garrison, other- wise without adequate medical aid, from peril and alarm, and thus, as the officers and men unite in testifying, saved many valuable lives and earned the admiration and the gratitude of all who observed or experienced his generous and faithful service to humanity ; And whereas, the surviving families and friends of the Surgeon and other officers who were the vie- THE LIFE OF DR. SAMUEL A. MUDD 363 tims of the pestilence earnestly present their dying testimony to the conspicuous merit of Dr. Mudd's conduct, and their own sense of obligation to him and Lieut. Zabriskie and two hundred and ninety nine non commissioned officers and privates sta- tioned at the Dry Tortugas have united in present- ing to my attention the praiseworthy action of the prisoner and in petitioning for his pardon; And whereas, the Medical Society of Harford County, Maryland, of which he was an associate, have petitioned for his pardon, and thirty nine mem- bers of the Senate and House of Representatives of the Congress of the United States have also requested his pardon : Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in consideration of the premises, divers other good and sufficient reasons me thereunto moving, do here- by grant to the said Dr. Samuel A. Mudd a full and unconditional pardon. In testimony whereof, I have hereunto signed my name and caused the Seal of the United States to be affixed. Done at the City of Washington, this Eighth day of February, A. D. [Seal] 1869, and of the Inde- pendence of the United States the Ninety third. ANDREW JOHNSON By the President WILLIAM H. SEWARD SECRETARY OF STATE. (From the National Archives, Washington, D. C.) ill ft