There was no intimacy with Booth, as Mrs. Surratt has proved, but only common acquaintance, and such as would warrant only occasional calls on Booth's part, and only intimacy would have excused Mrs. Surratt to herself in accepting such a favor, had it been made known to her. Moreover, Miss Surratt has attested to remarks of her brother, which prove that intimacy of Booth with his sister and mother were not considered desirable by him.
The preceding facts are proven by statements made by Weichmann during his first examination. But, as though the commission had not sufficiently exposed the character of one of its chief witnesses in the role of grand conspirator, Weichmann is recalled and further attests to the genuineness of the following telegram:
NEW YORK, March 23d, 1865.—To WEICHMANN, Esq., 541 H St.—Tell John telegraph number and street at once. [Signed] J. BOOTH.
What additional proof of confidential relations between Weichmann and Booth could the court desire? If there was a conspiracy planned and maintained among the persons named in the indictment, Weichmann must have had entire knowledge of the same, else he had not been admitted to that degree of knowledge to which he testifies; and in such case, and in the alleged case of Mrs. Surratt's complicity, Weichmann must have known the same by circumstances strong enough to exclude doubt, and in comparison with which all present facts of accusation would sink into insignificance.
We proceed to the notice and review of the second chief witness of the prosecution against Mrs. Surratt, John M. Lloyd. He testifies to the fact of a meeting with Mrs. Surratt at Uniontown on the eleventh of April, 1865, and to a conversation having occurred between Mrs. Surratt and himself in regard to which he states: "I am quite positive she asked me about the 'shooting irons'; I am quite positive about that, but not altogether positive. I think she named shooting irons, or something to call my attention to those things, for I had almost forgotten about their being there." Question.— "Was her question to you first, whether they were there, or what was it?" Answer.—"Really, I cannot recollect the first question she put to me—I could not do it to save my life." The question was asked Lloyd, During this conversation, was the word 'carbine' mentioned? He answered, "No. She finally came out (but I cannot be determined about it, that she said shooting irons), and asked me in relation to them." The question was then asked, "Can you swear on your oath, that Mrs. Surratt mentioned the words 'shooting irons' to you at all?" A.—"I am very positive she did." Q. __ "Are you certain?" A.—"I am very positive that she named shooting irons on both occasions. Not so positive as to the first as I am about the last."
Here comes in the plea of "reasonable doubt." If the witness himself is not absolutely positive as to what occurred, and as to the conversation that took place, how can the jury assume to act upon it as they would upon a matter personally concerning themselves?
On this occasion of Mrs. Surratt's visit to Uniontown, three days before the assassination, where she met Lloyd, and where this conversation occurred between them, at a time when Lloyd was, by presumption, sober and not intoxicated, he declares definitely before the commission that he is unable to recollect the conversation, or parts of it, with distinctness. But on the fourteenth of April, and at a time when, as testified by his sister-in-law, he was more than ordinarily affected by intoxicating drink,—and Captain Gwynn, James Lusby, Knott, the barkeeper, and others, corroborate the testimony as to his absolute inebriation— he attests that he positively remembers that Mrs. Surratt said to him, "'Mr. Lloyd, I want you to have those shooting irons ready. That a person would call for them.' That was the language she made use of, and she gave me this other thing to give to whoever called."
In connection with the fact that Lloyd cannot swear positively that Mrs. Surratt mentioned "shooting irons" to him at Uniontown, bear in mind the fact that Weichmann sat in the buggy on the same seat with Mrs. Surratt, and he swears that he heard nothing about "shooting irons." Would not the quick ears of Weichmann have heard the remark had it been made?
The gentlemen of the commission will please recollect that these statements were rendered by a man addicted to excessive use of intoxicating liquors; that he was even inordinately drunk at the time referred to; that he had voluntarily complicated himself in the concealment of the arms by John H. Surratt and his friends; that he was in a state of maudlin terror when arrested and when forced to confess; that for two days he maintained denial of all knowledge that Booth and Herold had been at his house; and that at last, and in the condition referred to, he was coerced by threats to confess, and into a weak and common effort to exculpate himself by the accusation of another and by statements of conversation already cited. Notwithstanding his utter denial of all knowledge of Booth and Herold having called at his house, it afterward appears, by his own testimony, that immediately Herold commanded him (Lloyd) "For God's sake, make haste and get those things," he comprehended what "things" were indicated, without definition, and brought forth both carbines and whisky. He testifies that John H. Surratt had told him, when depositing the weapons in concealment in his house, that they would soon be called for, but did not instruct him, it seems, by whom they would be demanded.
All facts connecting Lloyd with the case tend to his implication and guilt, and to prove that he adopted the dernier ressort of guilt— accusation and inculpation of another. In case Lloyd were innocent and Mrs. Surratt the guilty coadjutrix and messenger of the conspirators, would not Lloyd have been able to cite so many open and significant remarks and acts of Mrs. Surratt that he would not have been obliged to recall, in all perversion and weakness of uncertainty, deeds and speech so common and unmeaning as his testimony includes?