The Judge-Advocate’s reply to the first question was, in substance, that all the accused were charged with conspiring to assassinate the President and the other members of the Government named, and further, with having executed that conspiracy so far as the assassination of the President and the assault on the Secretary of State were concerned, and “to have attempted its execution so far as concerns the lying in wait and other matters.”
Assistant Judge-Advocate Bingham added:
“The act of any one of the parties to a conspiracy in its execution is the act of every party to that conspiracy; and therefore the charge and specification that the President was murdered in pursuance of it by the hand of Booth, is a direct and unequivocal charge that he was murdered by every one of the parties to this conspiracy, naming the defendants by name.
“Mr. Ewing.—I understand * * * but I renew my inquiry, whether these persons are charged with the crime of conspiracy alone, and that these acts of murdering, assaulting, and lying in wait, were merely acts done in execution of that conspiracy.
“Mr. Bingham (interrupting).—And not crimes?
“Mr. Ewing.—Or whether they are charged with four distinct crimes in this one charge?
“Mr. Bingham.—‘Where parties are indicted for a conspiracy, and the execution thereof, it is but one crime at the common law. And that as many * * * overt acts in the execution of the conspiracy as they are guilty of, may be laid in the same count.’
“Mr. Ewing.—It is then, I understand, one crime with which they are charged.
“Mr. Bingham.—One crime all round, with various parts performed.
“Mr. Ewing.—The crime of conspiracy.