The assassination of the 16th United States President was a first for the country in more than one regard, and one of those accused of being in on the plot would become the subject of controversy – not only contemporarily – but far into the future…
“Sic semper tyrannis!” was not just the ranting of a deranged, racist, secessionist – it rekindled a rallying cry for those seeking justice in the brutal and cowardly assassination of one of the most beloved figures in history. In fact, the Latin phrase was even then, and remains, the state motto of Virginia – recommended by George Mason to the Virginia Convention in 1776.
The declaration now had a particularly distinct and poignant meaning. “Thus always to tyrants!” haunted everyone in attendance for a macabre event, though the very scoundrel who shouted those exact words after committing one of the most infamous and heinous acts, was already prejudicially dispatched about two and a half months prior, dead from a gunshot wound to the neck, inflicted by a soldier, precisely seventy-two days earlier.
It was a brutally hot, humid Friday afternoon – July 7th, 1865. The heat radiated in unbearable waves, but still not enough to dissuade anyone gathered around the gallows. The crowd was there to delight in the ultimate punishment of one of the most rivaled figures of their time – capital execution by hanging.
The condemned, a most unlikely figure whose crime was, in the words of the President of the day, playing host to “…the nest that hatched the egg.” And what a truly rotten egg it was. A plot so diabolical, it had to be organized in the utmost secrecy, with all due discretion. Only a handful of individuals had any real details, a necessary precaution given the ultimate goal.
In all, there were at least eight people in on the conspiracy, and on this sweltering afternoon, with the temperature reaching one hundred degrees, four of them were soberly marched to a specially constructed twelve-foot scaffold – including a 42-year-old widow who ran a boarding house. She would become the first woman executed by the U.S. government and the actual events that led her to this grim end remain in debate to this very day.
Born in May 1823 in Waterloo Maryland, on a tobacco plantation to Archibald and Elizabeth Anne Jenkins, the future Mary Elizabeth Jenkins Surratt was just two years old when her father died in the fall of 1825.
At the age of ten, she was enrolled in a private Roman Catholic girls’ boarding school, the Academy for Young Ladies in Alexandria, Virginia, despite her dad being a nondenominational Protestant and her mother an Episcopalian. She studied there for four years, leaving in 1839 when the school was permanently shut down. But, Mary remained a devoted Catholic for her entire life, taking the baptismal name, Maria Eugenia.
At the age of sixteen, she would meet an orphan boy who’d been adopted by a wealthy couple who owned a large estate farm – John Harrison Surratt. He was ten years her senior and the two married in August of 1840. The couple eventually had three children, Isaac, Elizabeth, and John Jr., born in 1841, 1843, and 1844, respectively.
John Surratt purchased a total of 355 acres, known collectively as “Foxhall.” The farming estate later encompassed a larger area, and when his mother passed in 1845, she left the remainder of the land to her son.
The couple should have been wealthy, but often struggled, largely due to John’s erratic behavior. He fathered at least one child out of wedlock, failed to pay his debts, drank heavily, and became physically abusive.
Still, he continued to purchase land and eventually held enough property to sell off and then open a boarding house. He expanded on the home, building a carriage house, and making key improvements. However, his heavy drinking took its toll, and he passed away from a stroke in August of 1862, just a year after the South seceded and the Civil War began.
Unfortunately, widow Mary Surratt was left deeply in debt.
By the time her husband died, the couple had a number of accounts severely in arrears, even having gone as far as to put their home and land up for collateral on loans. In order to pay off various debts, Mary rented out her farm in Maryland and opened a boarding house in Washington D.C.
The move wasn’t only to earn more money, it was also to get away from the place she came from. Her husband had gained an unseemly reputation. His behavior grew so bad, Mary went so far as to write a letter to the church priest, seeking help because “John was drunk every single day.”
In a new setting, she could start over and enjoy a respectable reputation. Still, it was a risky move, going into an entirely different business venture in a town she knew little about. What’s more, her family were avid Southern sympathizers, even though she and her deceased husband had sold off their slaves to pay some debts, she nevertheless remained supportive of the secession movement, despite the fact she now resided in a Union district.
And while the new boarding house offered an auspicious future, it also provided a prime, strategic opportunity for nefarious partisans – a very delicate and precarious situation indeed.
What happened next would spark a vigorous debate between her contemporaries and future historians. But, there’s no ambiguity of how it all ended – that has been well-documented for posterity, resigning her name to infamy. And, it would all begin with her youngest child.
John Surratt Jr. was born in 1844 in Washington D.C. and was baptized the same year at St. Peter’s Church. At the age of 17, he enrolled in St. Charles College to study divinity to become a priest. But, his attendance was cut short when his father, John Sr., suddenly died in 1862. He then became the postmaster for Surrattsville, Maryland. Meanwhile, his older sister Anna stayed with her mother, hosting guests at their D.C. boarding house.
Born on New Year’s Day 1843, Elizabeth Susanna Surratt, known for her entire life as “Anna,” was nearing twenty years of age when her mother, Mary, moved to the nation’s capital. Though this was largely an economic decision, Anna had very few marital prospects in her parent’s hometown. However, D.C. offered a lively social scene where Anna could meet eligible suitors.
But, the D.C. boarding house, located at 604 High Street NW, would only shortly serve as a profitable enterprise. Plus, it wouldn’t be the place where Anna would meet her future husband. Instead, the residence would become a most notorious location history would never forget – starting with John Jr.’s introduction to one particular guest – a popular actor of the day named John Wilkes Booth.
With the American Civil War fully underway, John Surratt Jr. used his position as a postmaster to act as a Confederate Secret Service courier and spy for the first two years of the deadly conflict. In 1864, Southern Maryland farm owner, slaveholder, and physician, Dr. Samuel Mudd, faced ruin as the state’s economy began to collapse after Maryland passed its own abolition law, making it virtually impossible for plantations to continue to operate as they had in the past.
As a result, Dr. Mudd let it be known he was selling his agrarian estate and was introduced through a mutual friend to 26-year-old Booth, who expressed interest in buying the property from the doctor. Mudd, being an ardent secessionist and supporter of the South, in turn, introduced Booth to John Surratt Jr. on December 23rd, 1864. Meanwhile, a fellow Confederate operative introduced John Jr. to Alabama native, Confederate soldier, and Battle of Gettysburg survivor, Lewis Powell.
A month after Booth met John Jr., the thespian came across German-born George Andrew Atzerodt in January of 1865, a carriage repairman who operated his own business in Maryland. He emigrated to the United States at the age of eight in 1843, but despite the fact he had already lived in America for over twenty years, George spoke broken English with a thick accent. Atzerodt also harbored a deep resentment for the North and helped Southern soldiers secretly cross the Potomac River.
The mutual interests and allegiances shared by John Surratt Jr., Lewis Powell, George Andrew Atzerodt, and John Wilkes Booth led the men to hatch a diabolical plot that would award the Confederate cause an undeniable victory over the Union, and perhaps bring the effort to quash the secession to an end. A plan devised in and around the boarding house at 604 H Street NW in Washington D.C. would ultimately prove gravely deleterious for Mary Surratt.
“Enfranchisement! Enfranchisement! That’s what Lincoln is talking about, gentlemen – giving slaves the right to vote! It’s an outrage! Do you realize, that by the science of phrenology, they don’t have the mental capacity, the sophistication to understand the complexities of a constitutional republic or the democratic process? They don’t deserve enfranchisement! Hell, they’re nothing but chattel!”
“Not any longer – not legally speaking, Mr. Booth. Ever since Lincoln issued his so-called ‘Emancipation Proclamation’ in January of ‘63, them boys and girls ain’t property no more – no sir – they got agency!”
“This is precisely of what I speak, Mr. Powell! And, the North holds tens of thousands of our brave soldiers as prisoners of war!”
“Ya, ya…thanks to the defeats at Gettysburg and da fall of Vicksburg…ya, dis is true.”
“So true, Mr. Atzerodt. And, as you personally know, our side cannot win without drastic action!”
“Drastic action, you say, Mr. Booth? What sort of drastic action you talkin’ ‘bout?”
“Well, Mr. Powell, it’s clear Lincoln is the head of the Northern snake. It’s slithered so far into the South and is bleeding us dry with its incestuous ‘Anaconda Plan!’ The secession should have long been over. But those Yankees are not going to simply give up. It’s imperative we act decisively and strike a deep blow now!”
“What ya have us do, Mr. Booth? Veer just tree men.”
“Mr. Atzerodt, I assure you, we are more than merely three in number. I have the personal commitment of well over a dozen. Individuals with conviction, folks with skills and experience. Together, it is entirely possible to bring down this squeaky-talking dictator in a stovepipe hat!”
“But, how, Mr. Booth? Can you tell us that?”
“I can, Messrs. Powell and Atzerodt. We’ll take him prisoner! He, and his pathetic Vice President… along with that pitiful Secretary of State! If we grab all three, the Yankees will have no choice but to release our boys and the very abduction itself will prove no one is safe. It will force the North to retreat and we can go about our business here in the beloved South as we see fit!”
Although John Wilkes Booth was an actor by profession, this wasn’t impromptu dramatic performance or hyperbolic imitation. It represented his genuine disgust and anger toward the North and its unforgivable interloping into the affairs of the South.
The trouper sincerely sought to expel any and all Union presence from the Confederation by any means necessary. The loss at Gettysburg and the siege of Vicksburg two years earlier, with no substantial victories since that time, made it clear the cause to maintain the status quo among the rebel states was becoming not just untenable, but unsustainable altogether.
An unbelievable turn of events, given how the war started and gained momentum in its first two years, beginning with a decisive Confederate victory at Fort Sumter when the South attacked a Northern military garrison on April 12, 1861. In just two days, the stronghold surrendered to the secessionists. And, even though it was taken without a single casualty on either side, it undeniably signaled the start of the bloodiest conflict in American history.
But, the next significant skirmish ended in a Union victory at the Battle of Philippi on June 3, 1861. However, approximately seven weeks later, on July 21, the Confederates won the First Battle of Bull Run or Manassas, with the Federals suffering nearly twice as many casualties, losing 2,950 soldiers, compared to 1,750.
Then, in late August, the Union gained another victory at the Battle of Hatteras Inlet Batteries. But, the North experienced a humiliating loss on October 21, at the Battle of Ball’s Bluff. The Union would rebound with a resounding win at the Battle of Fort Donelson on February 11, 1862, inflicting over 15,000 rebel casualties, while losing just 2,331 troops.
Less than a month later, a stalemate occurred on March 8, 1862, when the USS Monitor and the CSS Virginia ironclad ships clashed and again with the Siege of Yorktown on April 5th. But, the North would again gain the upper hand in early April at the Battle of Shiloh and yet again at the Battle of Fort Pulaski. Despite these outcomes, the South continued to fight, and when General Joseph E. Johnston was severely wounded at the Battle of Seven Pines, General Robert E. Lee took command of the Confederate forces.
Within just a couple of months, Lee achieved stunning victories at the Second Battle of Manassas or Bull Run in August, followed by another surprising win at Fredericksburg in December, and then an unexpected triumph at Chancellorsville in May 1863.
Still, while General Lee may have been a great battlefield leader, he most definitely wasn’t a strategic, long-term tactician.
Meanwhile, Union General Ulysses S. Grant formulated an actionable plan and gained critical control of the Mississippi River at the Battle of Vicksburg, a 47-day siege from late May to early July. The next significant Union victory came at Chattanooga on November 25, 1863, followed by a series of battles from May to June 1864 in the Overland Campaigns, culminating in a strategic win for the North.
Now, in 1865, John Wilkes Booth, like many other committed and desperate Southern supporters, knew the end of the war was imminent. It was only a matter of time before the Federals would emerge as the clear victor, abolish slavery, and demand reunification. If there were any chance at all of avoiding such humiliation, something had to be done right away. Hence, the kidnapping plot.
Abducting Lincoln, the Vice President, and Secretary of State would cripple the North – sending the Union into an utter panic – enough time for the South to recuperate and strike back with a stunning blow. A move so big, so shocking, it would unravel the enemy and make them capitulate to just about anything.
Still, the matter of logistics proved too difficult to achieve in subsequent meetings. Every scenario ultimately failed – it was simply unrealistic to take all three hostage as each target traveled according to his own needs and schedule. The men were rarely together, necessitating dozens of conspirators working simultaneously and without hesitation.
So, Booth resigned to the fact they would abduct Lincoln alone. This would compel General Grant to lift his ban on prisoner swaps, a policy that was far more detrimental to the South than the North as the Federals boasted a great many more troops than the Confederacy – to the rebel states, each soldier counted. Taking Lincoln prisoner would help to balance the scales and perhaps, give the South enough of a boost to propel the Confederates to victory.
In late March 1865, the cabal had a prime opportunity. Spies had learned of the President’s schedule. His movements were now carefully guarded as the threats against his life grew to an all-time high. Rumors of dynamiting the railroad and sniping the Commander and Chief ran rampant.
Native Scotsman and cooper, Allan Pinkerton, turned detective and spy, also being an abolitionist and the founder of the Pinkerton National Detective Agency, now personally helped to coordinate the safety and security of Lincoln and kept the President’s schedule either unpredictable or secretive.
Regardless of such precautions, Booth, Powell, Surratt, and Atzerodt still found out that the recently re-elected Lincoln was planning to visit a hospital near the Soldier’s Home in Northwest Washington.
“We’ll arm up and lie in wait near the road, camouflaging ourselves so as not to be easily detected, gentlemen. Powell, since you’re the only soldier amongst us, I want you on reconnaissance. Messrs. Surratt and Atzerodt, you’ll stay with me and when the time is right, we’ll grab that lanky scoundrel and abscond away with him under the cover of darkness!”
“Sure, Mr. Booth. But, just when are we going to grab him?”
“He’s supposed to arrive late in the afternoon, so he’ll be traveling to his destination as it gets dark – that means there won’t be many people on the street. Better yet, his path into town is off the main road, which gives us an even bigger advantage! Once we grab Lincoln, we’ll take him back to Richmond and hold him ransom for the return of every single one of our captured soldiers.”
Prior to sundown, the four would-be kidnappers took their positions just off the roadside near the hospital, armed with guns, knives, burlap sacks, and rope. Dusk came and went but the administrative entourage never passed. They waited for more than three hours when it became apparent Lincoln wasn’t going to show.
Indeed, the President had changed his plans last minute and instead, elected to go straight to The National Hotel, located on Pennsylvania Avenue and 6th Street NW, less than half a mile from Ford’s Theatre, and ironically, the very same hotel Booth was staying in at the time.
The conspirators retreated in frustration and anger back to the Surratt boarding house. Booth, incensed by the missed opportunity, immediately returned to plotting. But this time, the goal wasn’t to kidnap the President, but to assassinate Lincoln, along with the Vice President, the Secretary of State, as well as General Grant. Together with Surratt, Powel, and Atzerodt, they’d murder each leader, throw the Union into chaos, and rally the South.
But then, only a few weeks later, on a Sunday just past noon, April 9, 1865, Southern General Robert E. Lee surrendered to the Northern Union forces at Appomattox Courthouse.
The chief Confederate officer just couldn’t keep the fight going – he no longer had the troop strength. From June 1864 until April 1865, the South had 60,000 men, compared to the North’s 100,000 soldiers.
During the April 1st Battle of Five Forks, Grant wrapped his forces around Petersburg, driving Lee into retreat. This confrontation, along with Sailor’s Creek, left the rebel secessionists with far fewer troops and approximately a quarter of the South’s army surrendered.
Grant’s strategy worked. It choked off vital supplies to the Confederates, depriving them of much-needed clothing, weapons, and food. By early April 1865, desertion was not only common but rampant among the starving and beleaguered secessionist soldiers, with the ones remaining suffering heavy casualties in the late stages of the war.
Now, it was a matter of pure revenge and spite. The desperate conspirators spent the next four days carefully laying out their plans to assassinate their four targets but ultimately had to settle on just three: President Abraham Lincoln, Vice President Andrew Johnson, and Secretary of State William Seward.
They realized they couldn’t get to General Grant and decided Friday evening presented the best opportunity when Lincoln, Johnson, and Seward would be in close proximity: Ford’s Theatre, the Kirkwood House, and Lafayette Park. All were no more than a half mile from one another. Plus, Booth was intimately familiar with the theater house and Atzerodt lived at the Kirkwood Hotel. And, Powell, also knew his way around Washington D.C., having visited and stayed at the Surratt boarding house.
On Good Friday, April 14, 1865, well after dark, Atzerodt nervously loaded a gun in his room at the Kirkwood House, took a swig of liquor, set the pistol on his bed, and tried to work up the courage to kill Vice President Andrew Johnson who was just one floor directly below. But, when he picked up the gun, he realized he couldn’t go through with the plot, and calmly walked down to the lobby of the hotel, bellied up to the bar, and started drinking.
Meanwhile, Lewis Powell, hardened by many battles, had no such difficulties. He nonchalantly walked up to the door at Lafayette Park where the Secretary was convalescing after being seriously injured in a carriage accident that left him with broken ribs and jaw.
The would-be assassin produced a note, then explained to Seward’s butler he had medicine for the Secretary. Moments later, Lewis was greeted by Fredrick, the son of the cabinet official, who stopped Powell, saying his father was asleep. But, the former trooper didn’t let the excuse deter him and stabbed Fredrick, then struck him on the head with the butt of a pistol, knocking the young man unconscious.
Powell set upon Secretary Seward in a most vicious way, swinging the bloody knife wildly, slashing William’s cheek and neck. But, as luck would have it, the wires around Seward’s jaw and the metal brace he wore across his chest deflected the blade. The Confederate, not knowing he hadn’t succeeded in killing the Secretary, ran out of the house yelling “I’m mad, I’m mad!”
Then, just before 10 pm, Booth entered Ford’s Theatre through the back door and quietly made his way up the stairs, right into the President’s box. As the play, “Our American Cousin” continued its last act, the devious actor, knowing the layout and people in the house, removed his hat, took his calling card out of his pocket, and handed it to Charles Forbes, Lincoln’s messenger, who allowed the thespian into the vestibule, where the soon-to-be assassin waited in a dark corner.
As lead Harry Hawk delivered the funniest line of the play, the audience, now thoroughly enthralled, erupted into raucous laughter, with Mary Ann Todd chuckling hardily right next to the President, Booth drew his Derringer pistol, pointed the barrel right at the back of Lincoln’s skull, and fired. The President immediately slumped forward and Booth jumped from the box right onto the stage below, loudly proclaiming to the stunned crowd, “Sic semper tyrannis!”
Lincoln was swiftly carried out of Ford’s Theatre, across Tenth Street, and into the Peterson family boarding house. He was treated for hours, but the gunshot proved fatal and the President died the next morning at 7:22 am, on April 15, 1865.
The race to hunt down Booth and any co-conspirators was already well underway. Entrenched in an ongoing war, Washington D.C. was awash in military personnel, government officials, and a strong police presence who blended together on a daily basis. Residents from all over town flooded the Metropolitan Police Station with tips, unsubstantiated rumors, and outright speculation.
Despite the confusion, within hours, Detective James A. McDevitt, coordinating with the Provost Marshal and Adjutant General’s office, quickly and efficiently put together a solid case that the President’s assassination wasn’t just the act of one man. Rather, it was actually an organized conspiracy. Before morning, McDevitt, other detectives, along with the military, had assembled a list of suspects. More particularly, John Surratt Jr., and several repeat visitors and guests of his mother Mary’s boarding house.
Detective McDevitt not only learned John Surratt was a close, personal friend of the perpetrator, John Wilkes Booth but also, allegedly acted as a Confederate spy. Moreover, the Surratt boarding house, located at 604 H Street NW, was just a few short blocks away from Ford’s Theatre – a venue Booth knew all too well.
A large posse was dispatched the night before to hunt down Booth, the undeniable gunman. However, back in the immediate area, chaos and pandemonium broke out. Still, Detective McDevitt and the police were able to develop plausible theories and many of them led right back to the Surratt home.
“Mrs. Mary Surratt I presume?”
“Indeed. And you are, Sir?”
“Detective James McDevitt. These men accompanying me are also detectives with the Metropolitan Police Department. Mrs. Surratt, may we come in?”
“Sure, please do, Detective.”
“Mrs. Surratt, no doubt you’ve heard now of our beloved President’s untimely death – cut down by the scoundrel known as John Wilkes Booth!”
“Yes, my heart is broken. My deepest sympathies to the First Lady.”
“I share your sentiment, Madam. Unfortunately, I’m here about some more unpleasant business.”
“Oh my! What do you mean, Detective?”
“Well, Mrs. Surratt, we have it on good authority and eyewitness accounts Booth frequented your boarding house. Word is that your son, John Jr., is a very good friend of the assassin.”
“I’m afraid you’ve been misinformed. Yes, my son did know Booth, but they weren’t close friends – more like acquaintances. Sure, they knew each other, that is true. But only ancillary.”
“Uh-um. Mrs. Surratt, there’s also the matter of two other individuals…Lewis Powell and George Adzerodt.”
“Oh yes, they’ve both been through here but…”
“So, a known Confederate spy and a rebel sympathizer. Quite a cast of characters – people of dubious character at that – wouldn’t you say, my good lady?”
“I suppose so. Especially from your point of view, Detective McDevitt. As for others, I’ll leave that conclusion to them as individuals.”
“And, just where is your son, John Jr.?”
“I…I haven’t the faintest idea. He’s been in Canada for the past two weeks and I don’t know when he’ll return.”
The seasoned investigator immediately sensed something was seriously awry. He ordered the boarding house be searched thoroughly. When the police finished combing over the premises, they’d come up with enough physical evidence to ostensibly connect the residence to a broad plot. Although, there still wasn’t nearly enough to charge Mary, at least, at the moment.
Within days, Detective McDevitt met with Secretary of War Edwin Stanton – a high-ranking cabinet official and a close, personal friend of Lincoln. Although Stanton’s personality was very different from the President he served, the two men got along remarkably well. Stanton took control in the immediate moments after the assassination and now, was determined to round up and punish anyone and everyone who was involved – no how minor his or her role.
“Mr. Secretary, we’ve got Lewis Powell, a former Confederate soldier and suspected spy in custody. Also, one George Atzerodt. He’s been credibly accused of lending aid to the rebels – more particularly, smuggling spies and whatnot across the Potomac.”
“And, what about Booth, Detective McDevitt?”
“We’re looking everywhere. Colonel Lafayette Baker, the head of the National Detective Police, is coordinating with the military.”
“How did you find the other two? Powell and Atzerodt, Detective McDevitt?”
“Those two aren’t exactly master criminals. Atzerodt was at the home of his cousin, Hartman Richer, in Germantown, Maryland. Meanwhile, Powell, we got him right at the Surratt boarding house!”
“Hmm. I’ve heard word there’s quite a bit of suspicion about the Surratt residence.”
“That’s correct, Secretary Stanton, it seems all roads lead right back to the Surratt place.”
“Just how are you and your colleagues going to find Booth?”
“Colonel Baker has come up with a very novel idea. It’s simple, but really, nothing short of brilliant. We’re circulating Wanted Posters with pictures of the villains.”
“Did you say, ‘pictures,’ Detective McDevitt? As in photographs?”
“Yes, sir, I did, Mr. Secretary.”
It was a new investigatory technique, something that had not been done up to this time. On April 17th, Colonel Lafayette Baker, head of the National Detective Police, asked war photographer Alexander Gardner to make copies of three pictures: John Surratt Jr., John Wilkes booth, and David Herold – a druggist’s assistant who helped Booth escape Washington D.C. It was the first time this technique had ever been used in a law enforcement investigation.
But, Booth, Surratt, and Herold weren’t the only people wanted. There were many others and time and again, quite a few leads brought the police right back to the Surratt boarding house. It had a very interesting guest list, with multiple witnesses seeing various people go in and out of the residence during all hours of the day and night. Both Detective McDevitt and Colonel Baker spoke with scores of individuals and interviewed dozens of persons of interest.
The more the men learned, the more it became apparent a very common connection shared by all suspected was the Surratt boarding house. Moreover, John Jr. was nowhere to be found. Although his sister, Anna, remained in Washington D.C., rumors persisted her brother had fled to Canada and possibly, far overseas. Yet, Mary also stayed, while virtually everyone else evaded or hid.
John Wilkes Booth had managed to make it to Virginia with the help of David Herold. After being treated for a broken leg he suffered from leaping from the balcony to the stage after shooting Lincoln by Dr. Samuel Mudd a physician, tobacco farmer, and Confederate sympathizer, the fleeing assassin carefully concealed his travel, moving often to avoid capture. But, the notorious fugitive wouldn’t be able to hide forever.
Early on the morning of April 26, 1865, Union troops descended on the Virginia farm of Richard Garrett after receiving a tip from 18-year-old Confederate soldier William Jett who betrayed Booth. Promptly announcing their presence, surrounding the barn where the men slept, the troops demanded Herold and Booth give themselves up. Herold complied almost immediately, but the assassin vowed to fight until the bitter end, shouting insults and threatening to shoot anyone who approached.
The Federal soldiers responded by lighting the barn on fire, forcing the fugitive out, who promptly fired at the first man in uniform he saw. An instant later, Booth grasped his neck and fell to the ground paralyzed from the shoulders down, after suffering a gunshot to the throat by Boston Corbett, a former alcoholic turned street preacher, who castrated himself and joined the Union Army in 1861 but was court-martialed and expelled, only to rejoin in 1863 and be captured by the South and held prisoner. For this specific action, Corbett would become widely known as “Lincoln’s Avenger.”
Still, the investigators knew Booth did not act alone and sought to uncover how far and wide the conspiracy went. Although, it wouldn’t be long before they rounded up every single suspect, including the lady of the now infamous boardinghouse where many of the conspirators met, Mary Surratt.
Four days later, on April 30, 1865, Detective McDevitt returned to the residence on 604 H Street NW with several officers accompanying him.
“Detective, what brings you back here?”
“A growing mountain of evidence, I’m afraid.”
“Oh dear, if I can be of any additional help…”
“Perhaps. Have you heard from your son, John Jr.?”
“No, no word from the grapevine or letter. Not so much as a rumor.”
“That’s unfortunate. I’d much rather have him than you.”
“Me!?”
“I’m sorry. Mrs. Surratt, you’ll have to come with me.”
Following her arrest, Secretary of War Edwin M. Stanton ordered all the conspirators to be tried by a military tribunal and not in a civilian, criminal court the very next day on May 1, 1865. It would be the beginning of something truly unbelievable and unprecedented. The events that ensued would be so profound, they would change the course of how such matters were handled going forward.
“Mr. Reverdy Johnson?”
“Yes?”
“Hello, I’m Frederick Aiken, an attorney with Aiken and Clampitt.”
“Please, come in, take a seat, Mr. Aiken.”
“Thank you, Attorney General.”
“You may drop the honorific, Mr. Aiken, as I no longer serve in that capacity. Now, I’m Senator Johnson, though I do not wish our relationship to stand on such pretense…Reverdy is fine.”
“As you wish.”
“Frederick, have you heard of a woman named Mary Surratt?”
“I should hope I have. She’s the boarding house host, the woman who President Johnson said is the one who, oh, how did he put it? Oh yes, ‘She kept the nest that hatched the egg.’”
“Indeed, that is the President’s characterization. Tell me, Frederick, do you agree?”
“Most definitely. From what I’ve read in the newspaper and heard around D.C., she was – at the very least – privy to the plot. Or, in the alternative, at minimum, aware something nefarious was afoot.”
“So, like much of the public, you’ve convicted her of conspiracy to assassinate President Abraham Lincoln.”
“Well, I wouldn’t go so far as to say that, Senator Johnson.”
“Reverdy. Please, call me Reverdy.”
“Pardon me…but I…”
“Don’t fret about it. Now, I’m told you’re a pretty good attorney.”
“Thank you, I appreciate the compliment.”
“I’ve been tasked with defending Mrs. Surratt, Frederick. But, there are a good number of parties who do not wish me to enter such a role. You see, the party politic and other elements here in our nation’s capital are pushing for my recusal. Unfortunately for them, I am not affected by such bully tactics. Although, this does not mean I am unrealistic.”
“Reverdy, if this is going where I think it might lead, I would just assume to withdraw from consideration.”
“I’m afraid it’s not a mere consideration, it’s more like a done deal, Frederick.”
“But, how can I represent this woman? My background alone ought to be enough to disqualify me from being her defense counsel.”
“Yes. I’ve seen you’ve served as secretary to the Democratic National Committee and supported the candidacy of Vice President John C. Breckinridge – a southern Democrat. There’s even word you offered your services to Jefferson Davis himself.”
“All true, Sir.”
“Still, you fought for the Union. Came out of the Federal military as a colonel… wounded in combat against the rebels, no less…impressive.”
“Thank you, Reverdy. Nonetheless, I am not sure I can provide Mrs. Surratt with an impassioned defense.”
“Pish-posh. You’re grasping, Counselor. Your service alone to the country is enough to prove you have the fortitude to deliver her a fine defense. Besides, we need a man of the North.”
“Reverdy, my past as a Democrat will certainly undermine…”
“No one will care much, particularly after your personal bravery and sacrifice on the battlefield against the South. Regardless, you’re not the one on trial… Mary Surratt is. And, you’ll be given all due respect – you’ve earned it.”
“I’m afraid what I’ve earned is a lifetime of regret.”
“So, you’re fearful of what people will think of you, Frederick?”
“That’s part of it, Reverdy.”
“Now, imagine how Mrs. Surratt feels.”
“I get your point, Reverdy.”
“She is entitled by law to a defense. Just like the Redcoats involved in the Boston Massacre John Adams represented nearly a century ago in 1770…Mary Surratt deserves no less.”
“I completely agree with you in principle, but in practice, well, that’s another matter altogether.”
“You haven’t the time for such academic discussions. You are to report to the capital jail at once to consult with your client.”
“The capital jail? I thought this was a military tribunal. Why isn’t she being held in the army stockade?”
“Quite a lot of this is being made up as it goes along. I suggest you keep your quick wits about you and speak with Mrs. Surratt right away, Frederick.”
“Thank you, Reverdy, I will certainly try.”
The assignment would prove far more difficult than either Senator Johnson or Attorney Aiken could fathom. From the outset, it would be a challenge to get the government to observe some of the most fundamental rights of Mary Surratt. Even though she wasn’t alone in the indifferent and sometimes unfair treatment, her involvement – if any – had not been established by anything other than speculation and conjecture.
From the moment the authorities discovered Booth’s ties to the boarding house, law enforcement placed her under heavy scrutiny. Shortly after more had become known about the perpetrators of the night of April 14th, anyone with the slightest connection became a possible conspirator. What’s more, the government would use every tool at its disposal to find and punish anybody involved – directly or indirectly.
Mary Surratt would be no exception.
“I’m here to see Mary Surratt; I’m Frederick Aiken, her attorney.”
“Right this way, Mr. Aiken.”
“Thank you, soldier.”
“No problem, sir.”
Arriving at her cell, Frederick immediately noted the deplorable conditions. The holding area was extraordinarily spartan, containing no proper place to sit or sleep, just a thin layer of straw – much like a bale of hay unrolled and flattened out across the stone floor that was also noticeably damp. A lone, nearly-overflowing waste bucket was pulled from out of the corner, and placed directly under the only window, acting as a barrier to prevent the widow prisoner from looking outside.
“Mrs. Mary Surratt?”
“Yes?”
“I’m attorney Frederick Aiken…I am one of your lawyers.”
“Pleased to meet you, Mr. Aiken.”
“Nice to meet your acquaintance, Mrs. Surratt. Now, Mrs. Surratt, I have a good deal to discuss with you – in private, of course. If you, my good man, will let us speak alone…”
“Sorry, Mr. Aiken, I have strict orders. This prisoner is to be watched at all times.”
“I appreciate your duties as a soldier, sir, but we must preserve attorney-client privilege.”
“I understand your position, Mr. Aiken, but I cannot oblige.”
“Then, I will need the name of your commanding officer so that I may take this matter up with the Secretary of War, as well as the Attorney General of the United States. Plus, your full name and rank.”
“Well, I’m Lancaster Smithe, Sergeant Lancaster Smithe, sir. I’ll supply you with the rest of the information before you leave here today.”
“Thank you, Sergeant Smithe. And since you won’t give us privacy, the very least you can do is remove that filthy chamber pot and bring my client a bed or cot, along with a chair, so she isn’t unnecessarily uncomfortable.”
“I’m not able to accommodate all those requests, though I will have the bucket promptly removed, cleaned, and returned. Corporal! You and the private take this pot out of the cell and have it thoroughly washed.”
“Mrs. Surratt, are you hungry? Would you like something to eat?”
“No, thank you, Mr. Aiken, I’m fine.”
“When was the last time you ate?”
“Oh, it was yesterday.”
“Sergeant Smithe, would you please have some food brought to my client as soon as possible?”
“I apologize, Mr. Aiken, but prisoners receive no more than one meal per day. This prisoner will have her daily allotment of food and water at the regularly scheduled time.”
“I see. Thank you anyway, Sergeant Smithe.”
“Now, Mrs. Surratt, let’s have a little chat. And, please keep your voice down as we are not being afforded your constitutional right.”
“Please, call me Mary, Mr. Aiken.”
“All right, Mary, as you wish. Tell me, Mary, why is it you are here?”
“Well, Mr. Aiken, I suppose it’s because the government thinks I had something to do with what happened.”
“By ‘what happened,’ I take it you mean, the assassination of our president – the President of the United States by one John Wilkes Booth. The same John Wilkes Booth who had been seen going into and out of your boarding house, along with your son, John Surratt Jr., at 604 H Street Northwest time and again. Is that the event you’re referencing?”
“Yes, it is Mr. Aiken…certainly sounds like you have your mind made up.”
“To a specific degree, that is true. It’s indisputable that the man who murdered President Lincoln was in fact, John Wilkes Booth. And, he did frequent your boarding house. He is also considered a good friend of your son, John Surratt Jr. So, you can see how people, including myself, can draw such a conclusion.”
“Mr. Aiken, I have no doubt Booth shot the president. And, I do not even attempt to dispute that Booth and my son have been seen together. But, you as an attorney – of all people – should certainly know that coincidence and proximity are not conclusive proof.”
“No, Mary, neither factor is proof positive. But, they most certainly align, and align quite nicely, to point toward one singular direction. Your son, John Surratt Jr. was seen many a time with Booth. Your son, John Surratt Jr., was also a known Southern sympathizer. Moreover, your son, John Surratt Jr. is conveniently missing right after the assassination of a sitting United States President.”
“I cannot and will not argue any of those points with you, Mr. Aiken. However, I can tell you that my son is not responsible for such a dastardly deed.”
“Then, where is he, Mary? Where is your son, John Jr.?”
“The last I heard, Canada.”
“Mary, what I’m going to ask you next is extremely important. I’m going to whisper the question into your ear. Do not answer aloud – just nod your head ‘yes,’ or shake your head ‘no’ and only to me and me alone.”
Aiken put his hand on Mary’s shoulder, prompting her to turn her back to Sergeant Smithe and the other guards outside the cell.
“Now Mary, did you have anything to do with this plot?”
The widow stared at the floor pensively, then sheepishly shook her head no.
“All right. Thank you. Now Mary, did you have any – and I mean any – knowledge of this plot?”
Again, she looked down soberly, shook her head, opened her eyes, and looked right at her attorney, softly answering, “No, I did not, Mr. Aiken.”
“I hope, for your sake, Mary, you are telling me the truth. I apologize if this seems rude. But, I wouldn’t be honest in telling you that I remain skeptical of your ostensible candor. Although I take it your daughter, Anna, will supply me with very similar responses – I’m going to see her next” He whispered back, patting her shoulder.
“I completely understand, Mr. Aiken.”
“I suppose if I ask you where John Jr. is again, I’ll get the same answer?”
“Mr. Aiken, I see you aren’t wearing a wedding ring.”
“No, Mary, I am not…I’m not married.”
“Then, you have no children?”
“No ma’am, I do not.”
“If you did, Mr. Aiken, I can assure you, you have no idea of what you’re asking. Even if I did possess such particular knowledge, I couldn’t…”
“Please, don’t whisper another word, Mary. Sergeant Smithe, that will be all for me today. Please see to it that she is given necessary comforts, including a bed and chair.”
“I’m sorry, Mr. Aiken, you’ll have to take those matters up with my commanding officer.”
“Oh yes, your commanding officer!?”
“Captain Stone…Captain Francis Stone. His office is right over…”
“No, no need to bother him. I’ll be speaking directly with War Secretary Edwin Stanton and Attorney General James Speed about Captain Francis Stone’s protocols.”
Federick’s instincts told him that his client wasn’t being totally forthright and not without good reason. From her perspective, the government wouldn’t hesitate to lock up and execute her son – there was just too much circumstantial evidence against John Jr. What’s more, she stood a much better chance, being a respected member of the community, a business owner, and a widow. The latter would surely elicit some empathy. Still, he had to do every aspect of due diligence and that continued with speaking with his client’s daughter, Anna.
“Anna Surratt?”
“Yes, I’m Anna Surratt, may I help you?”
“I’m Frederick Aiken…I represent your mother as one of her defense attorneys. Might I have a few words with you? I have some questions and you could have some important answers that may just be of significant help to your mother.”
“By all means, Mr. Aiken, please come in.”
“Forgive me, but I have some rather serious questions, although just a few.”
“All right, would you like a cup of tea?”
“No, no thank you.”
Frederick’s polite refusal made Anna realize the gravity of the situation. He fired off a number of questions, asking what she knew about her brother’s involvement with the assassination plot and if she knew where he was. Though she returned the favor and remained hospitable, it was clear to the attorney his client’s daughter was not particularly fond of his presence.
The sentiment wasn’t personal – it was the circumstances. Anna had high hopes of finding the right man in this new town. Now, whatever attraction she might have exuded would certainly be tainted at the very least. Still, that concern was the least of her worries. Her poor mother languished in a cell while her sibling hid, leaving both of them without any patriarchal support.
She answered Aiken’s questions as best she could, without making her family look even worse than it already did to outsiders. Then, as she was seeing Frederick out, a rock shattered a nearby window, wrapped with a threatening message, demanding she give up her brother and leave town immediately. After reading it aloud, she handed the note to Aiken.
“I’m terribly sorry you must suffer through this, Anna. It’s a shame that people act in such a way. I’m not envious of your position and I do empathize with your predicament. But, if you know more than you’re telling me, I’m afraid all of this will seem trivial.”
“Thank you Mr. Aiken for your advice and for helping my mother. I wish that I could tell you more, but I simply don’t know anything else.”
“So, just to be clear, you and your mother were not privy to any of the plot?”
“Yes, that’s correct. They kept quiet around my mother and I.”
“And, you don’t know the whereabouts of your brother?”
“No, I do not, Mr. Aiken.”
“Thank you for your cooperation, Anna. I’ll speak with Attorney General Speed and we’ll have police posted here to provide you with protection.”
Aiken hastily made his way over to Secretary Stanton’s office, rushing right past his assistant and chief aide alike.
“Attorney Aiken, I take it this is a matter of urgency?”
“Yes, yes it is, Mr. Secretary. I believe the welfare of Anna Surratt is in danger. I furthermore believe that Mary Surratt’s conditions are nothing short of deplorable.”
“Senator Reverdy Johnson told me that you objected to taking this case because you couldn’t represent her with full vigor. Now, you’re actively lobbying on behalf of her and her family!”
“Secretary Stanton, I am still of the opinion that I am not the best man for acting as Mary Surratt’s defense lawyer. Regardless, right is right. And Mrs. Surratt is entitled to fair treatment and to have her constitutional rights observed and respected.”
“Indeed! I couldn’t agree more, Mr. Aiken!”
“I apologize, Attorney General Speed, I didn’t know that you were scheduled to meet with the Secretary of War. I’m merely…”
“Yes, I also agree with Secretary Stanton, Frederick. You are putting up one fervent advocacy on behalf of your client!”
It was an awkward moment for the beleaguered counselor at law. He had unwittingly demonstrated that he could in fact provide Mary Surratt with a passionate defense. His very actions only served to reassure the Attorney General that Aiken was a very good fit for the task at hand.
The three men spoke for several minutes, working out a compromise that gave Mary Surratt more humane treatment and provided her daughter Anna with proper police protection.
Still, Frederick remained uneasy about his assignment. More particularly, about how he could proceed with representing Mary Surratt given his intuition and the evidence circulating among the public. It all added up to violating one of the most important principles in practicing law – providing clients with an impassioned defense.
Then, it dawned on him this very fact was a way out, and bringing it up with Senator Reverdy Johnson, who put him in this highly undesirable and precarious position in the first place.
“Senator Johnson, I’ve just come from a meeting with Attorney General Speed and Secretary Stanton.”
“Yes, Mr. Aiken, and what of it?”
“Well, Senator, I am…”
“Reverdy, Frederick, please call me Reverdy.”
“Oh yes, forgive my formalness.”
“Don’t fret about it.”
“Reverdy, I have come to the inescapable conclusion that I cannot – in good faith – represent Mary Surratt. The tenets of the legal profession strictly require attorneys to provide their clients with a zealous and fervid defense.”
“Yes, Frederick, I am well aware of such principles.”
“Then, you should understand I am unable to do so for Mary Surratt. Because I simply cannot…”
“Cannot what Frederick? Provide Mrs. Surratt with a ‘zealous and fervid defense,’ as you put it?”
“Well, yes, I believe…”
“Frederick, Frederick. My dear man, you’ve fought me over this from the very beginning. I am aware of your disposition. I am also equally and fully conscious of the fact that someone must provide this poor woman with a full-throated defense. As I’ve previously explained, I cannot do so alone and you know why. Now, I am not without reason and am open to persuasion. So, since you’ve undoubtedly convinced yourself of your own biases, let’s focus on your client in the truest sense.”
“How so Reverdy? What do you propose?”
“Prove Mary Surratt’s guilt. Not to the public. Not to the Secretary of War or the Attorney General. But, to yourself. If you can establish that she is genuinely guilty of conspiring to assassinate the president, I’ll have you recused and removed from the case. If you do that to a legal standard – beyond all reasonable doubt – Frederick, you’ll have your way out.”
Aiken’s brief experience as an attorney informed him that this would be no easy task. Still, he couldn’t go through with the defense – unless he knew for sure that Mary Surratt was not actually part of the plot.
Frederick spent the following days questioning witnesses and speaking directly with the other suspects, particularly Lewis Powell, David Herold, and George Atzerodt. He also visited Anna on more than one occasion. In a relatively short time, it became increasingly clear there was no way to legally prove – beyond a reasonable doubt – that his client was unmistakably involved or even had demonstrable, advanced knowledge of the plan.
With the trial set to begin, Aiken consulted his client, confronting her with his findings and the reality of the situation she faced. Regardless of what he knew and could relate to the tribunal, it would still be a huge, uphill battle.
“Hello, Mr. Aiken.”
“How are you doing, Mary?”
“Truthfully, I could be better, but under the circumstances, I’m all right. Frankly, I thought you’d forgotten about me.”
“Nonsense. I’ve been quite busy of late and have been working very hard on your case.”
“And?”
“Let me be perfectly blunt. The law requires the prosecution prove – beyond a reasonable doubt – that you are guilty of the crimes charged against you.”
“Go on.”
“Well, in all honesty, I went about the prosecutor’s business and was not able to reach that burden.”
“That’s great news, Mr. Aiken!”
“It is, Mary. But, there’s a problem. You are not being tried in a civilian criminal court. Instead, you are being tried in a military tribunal. Therefore, the rules are completely different. And, what’s even more troublesome is the fact that this very tribunal is stacked with…”
“With men who want to find me guilty, Mr. Aiken?”
“Yes, that’s certainly one way of putting it.”
“Still, we have the truth on our side. And that, Mrs. Surratt, is a very powerful ally. Now, can I get you anything?”
“Perhaps a little comfort.”
“Yes, indeed. Sergeant Smithe!”
“Yes, counselor?”
“If you’re done eavesdropping, would it be possible for you to bring my client a cot on which to sit and sleep?”
“I’ll see to it straight away, counselor.”
“Thank you, Sergeant, we are very appreciative!”
Smithe’s stark turnabout was proof-positive that people could indeed be persuaded. But, it was only anecdotal at best. It would be entirely different to sway staunch military personnel who had already made up their minds. Still, it did provide a glimmer of hope and just maybe, could eventually prove enough to spawn a holdout or two on the panel. If so, it could make all the difference in the world and prevent Mary from suffering a cruel fate.
However, Aiken’s optimism took a big hit when the trial convened on the morning of May 12th, 1865. The defendants were unceremoniously marched into the room by uniformed soldiers, their wrists bound by rope and their faces covered in canvas hoods. It was truly a shocking site, meant to intimidate anyone who sympathized with the alleged perpetrators and conspirators.
The proceedings began immediately, with General David Hunter presiding over the tribunal. A graduate of the U.S. Military Academy at West Point, New York, the high-ranking officer previously served in the Mexican–American War in the late 1840s. In 1862, he issued an emancipation proclamation, freeing all slaves residing in Georgia, Florida, and South Carolina but the order was revoked by Lincoln, who deemed the edict to be a violation of federal executive authority. Later, the military careerist organized the first African-American regiment for the Union Army. Despite their differences, Hunter and Lincoln got along and now, the abolitionist and Northern loyalist was heading up the conspirators’ commission.
“Gentlemen, let this tribunal get underway! Before us are defendants Lewis Powell, David Herold, George Atzerodt, and Mary Surratt. The others present are also charged with conspiracy – Michael O’Laughlin, Edward Spangler, Samuel Arnold, and Dr. Samuel A. Mudd, the physician who gave aid and comfort to one John Wilkes Booth. If the members of the panel please, I’ll ask each defendant how they plead.”
General Hunter went right down the line, from one to another, with all professing their innocence, each one entering a plea of not guilty. Then, Joseph Holt, Judge Advocate General of the Army, listening intently, but impatiently, interjected.
“My fellow officers, I am here to present you with the damning evidence against these individuals. And, once you hear it, you’ll have no choice but to find all of them guilty of these charges. I am confident that we have assembled irrefutable proof of their conspiratorial and criminal actions and involvement!”
“Thank you, Judge Advocate Holt. Now Messrs. Johnson and Aiken, if you have an opening statement, you may address the members of this tribunal now.”
“I would like to do so, General Hunter, but now is a premature time.”
“What do you mean by premature, Counselor Johnson?”
“Mr. Aiken and I represent Mrs. Surratt and have had little time to prepare or coordinate with the defense of attorneys for the others here on trial. Meanwhile, the United States Army has had ample time to prepare its case. Therefore, I move for an immediate adjournment of these proceedings, so we may have the time necessary to prepare, General Hunter.”
“Motion denied, Counselor Johnson. We will commence with this commission as scheduled.”
“Then why don’t you render a verdict right now so that Mr. Aiken and I may start an appeal to have your decision overturned?”
“Mr. Johnson, it is in this country’s best interest that this tribunal move forward in an expedient manner.”
“That made me so, General Hunter, but it is surely not in the best interest of our client, Mrs. Surratt!”
“Duly noted, Mr. Aiken, but we will nevertheless proceed over your objection. Now, if you and Mr. Johnson have an opening statement, I suggest that you give it to the members of this commission now or forfeit your chance.”
The stern tone and dismissive nature delivered a distinct, inauspicious warning. This wasn’t a trial. It wasn’t even a commission. Instead, the proceeding was nothing short of a formality. The government had its conspirators and to the minds of the judges, the individuals before them were already guilty.
With the tribunal fully underway, Reverdy Johnson and Frederick Aiken were subjected to the whims and proclivities of General Hunter, who afforded Judge Advocate Holt every courtesy – something conspicuously absent when it came to any request by Johnson or Aiken.
The government called its witnesses one by one. With striking similarity, each one’s accounts bolstered the prosecution’s case. On cross-examination, most of the witnesses stonewalled or played coy. Some even went so far as to refute their own previous testimony, defying the defense to prove them discreditable otherwise.
However, none were more brazen than that of one John Lloyd – a tavern owner who swore under oath to the commission that John Surratt Jr., David Herold, and George Atzerodt came to Surrattsville about five to six weeks before the assassination of the president. Lloyd testified the men dropped off weapons and ammunition. Then, just days before the attack on Lincoln, Mary Surratt told him, “…the shooting irons left at my saloon would soon be needed.”
“Is that precisely what Mrs. Surratt said to you, Mr. Lloyd?”
“Yes, Mr. Holt – those very words. I remember it distinctly because it gave me a bad feeling.”
“So, the commission should take due note that Mary Surratt was indeed fully aware of the plot and what her fellow conspirators had planned. Let there be no ambiguity about this point – Mary Surratt was a willing participant in the planning of the assassination of the President of the United States, his Vice President, and the Secretary of State!”
“Messrs. Johnson and Aiken, you may proceed with your cross-examination!”
“Thank you, General Hunter.”
“Mr. Lloyd, I’m Frederick Aiken. I represent Mary Surratt, one of the defendants. Tell me, Mr. Lloyd, how well do you know Mary Surratt?”
“Well… I’ve had conversations with her before.”
“Okay. Would you say that you’re close friends?”
“No, more like colleagues, I suppose. After all, she runs a boarding house and I own a bar. So, we’re both in the business of hospitality.”
“I see. Now, when was it that Mary Surratt told you that the ‘shooting irons’ would soon be needed?”
“Like I says before, about a week.”
“Actually, you just testified moments ago it was precisely three days.”
“Yes, I’m a bit nervous, three days before…”
“And, what time of day was this?”
“Oh, I’m not exactly sure. Maybe about five or six o’clock in the early evening.”
“And, you were completely sober?”
“What do you mean, Mr. Aiken?”
“Well, Mr. Lloyd, let’s just say your reputation precedes you. It’s well known that you are a man addicted to the excessive use of intoxicating liquors. In fact, don’t your patrons often joke that you drink far more alcohol than you sell?”
“Now, see here, Mr. Aiken, I have a good reputation – I do not appreciate your characterization!”
“All right. So be it. I have here several sworn affidavits from your most frequent customers. All of them unequivocally state you are routinely inebriated, sometimes as early as mid-morning. Furthermore, I have sworn testimony from another witness who insists Mary Surratt was not at your tavern on the day you claim. Nor was she there the days after or before.”
“Uh, um, there’s got to be some mistake. Mrs. Surratt…”
“Yes, Mrs. Surratt, what, Mr. Lloyd?”
“She uh…she um…she…”
“Mr. Lloyd, I think your entire account of the so-called events is nothing more than a fabrication. And, members of the panel, I also firmly believe that Mr. Lloyd is attempting to exculpate himself by placing blame on Mrs. Surratt. He agreed to hide the weapons and ammunition. Furthermore, any suspicion he might have had for their use he ignored and did not report to the authorities.”
Although extraordinarily damaging to the prosecution’s case, John Lloyd’s testimony had little effect on the tribunal. His inconsistencies and contradictions should have completely undermined the prosecution’s assertions and severely called into question any and all allegations. Subsequent witnesses called by the government were also just as inefficacious. What’s more, the defense further weakened the state’s case with every cross-examination, substantially undercutting its credibility.
In fact, the government’s case was so unimpressive and unconvincing, that General Hunter expedited the rest of the proceedings and ordered the panel to convene in secret to render their decision. Additionally, the defendants were immediately remanded back to custody, bound at their wrists, hooded, and taken back to their cells. Aiken soon followed, visiting his client at the capital jail.
“Mr. Aiken! Thank you so much for all you’ve done!”
“Thank you for your kind words. But, this isn’t over yet and I am not confident that any progress we’ve made will be sufficient to find you not guilty. Perhaps enough to spare your life, although that too, isn’t out of the question.”
“But, you did such a great job! Those men were clearly lying and they had to admit their claims weren’t genuine under oath!”
“Yes, this is true. However, it is also equally true that this is a military tribunal, not a civilian criminal court of law. And, General Hunter’s hostility toward you and the rest of the defendants was palpable. I’m afraid that this very disposition was shared by the other judges. Every one of the men who sat on the commission were Union officers. We can only pray that no more than five are convinced of your guilt.”
“Five?”
“Yes. Six of the nine must vote the same way.”
“And, what if six do come to the same conclusion, Mr. Aiken?”
“I sincerely hope it doesn’t come to that, Mary. But, if it does, you’ll be found guilty – and there’s an excellent chance you’ll be hanged.”
Mary’s previously optimistic mood changed instantaneously. Her expression sobered at the realization of her circumstances. Even though the government’s case fell totally apart, the tribunal would more than likely still vote to convict. Then, it dawned on her what Frederick was actually getting at – he was subtly telling her there was a way out but it was a choice she wasn’t prepared to make.
“Mr. Aiken, I have faith in God that the right thing will ultimately be done. If it’s my fate, then so be it.”
“Mary, please be reasonable. If you have any information about John Jr.’s whereabouts, now is the time to tell them. That’s really all they want – just give them something and that should be enough to spare your life.”
“Mine, in exchange for my son’s?”
“They’re going to have you put to death if you don’t…”
“Mr. Aiken, I know you don’t…you can’t…understand. But, I am fully prepared to make this sacrifice for the sake of my boy.”
Just then, a priest was let into the cell, escorted by none other than Sergeant Smithe. The clergyman immediately embraced Mary to comfort her.
“Sergeant Smithe – did you?…”
“Word travels pretty fast around here, Counselor.”
“I see. Thank you for showing her such kindness. I understand how difficult it must be for…”
“Mr. Aiken, I’ve had a long career in the military. And, I can tell you that I’ve seen more than I care to remember. So, I know a tragedy when I see it – and this is nothing less than a travesty of justice.”
Indeed it was. And Frederick’s intuition was also right. At that very moment, while Mary prayed with the priest, the commission was taking a vote. One after one, they unanimously agreed on the guilt of all the defendants and to the death penalty for each – until they got to the last remaining individual on trial – Mary Surratt.
When General Hunter asked the officers to vote on her case, only three of the nine voted in favor to convict. The news quickly traveled to Secretary Stanton, who rejected the outcome and demanded the officers vote again, but this time, to come back with a conviction.
The very next day, on July 5th, 1865, the tribunal briefly reconvened. As usual, each defendant was marched into the courtroom, with their hands bound and their heads covered in hoods. Once seated, their hoods abruptly removed and before their eyes could adjust from the dark to the light, General Hunter asked the judges to give their decision to the court clerk.
“We the members of the commission in the matter of the U.S. Government versus Lewis Powell, George Andrew Atzerodt, David Herold, and Mary Surratt do hereby find the defendants guilty. The commission, therefore, sentences the defendants to be hanged by their necks until death.”
Upon hearing the verdict, Frederick hastily made his way over to his client to give her his sincere condolences. A guard immediately intervened, forcing Aiken to hurry out of the courtroom, along with Reverdy Johnson.
The two men returned to the Senator’s office, where they discussed their remaining options. Only three were possible – petition President Andrew Johnson for a stay of execution or clemency, locate and produce John Jr., or find a judge who would sign off on a writ of habeas corpus.
Of the three alternatives, only one had a remote chance of happening. President Johnson would not grant a stay and certainly wouldn’t give Mary clemency, nor was there any real chance of finding John Surratt Jr. That left crafting a well-written writ of habeas corpus that would help to convince a judge to grant Mary a retrial in a civilian court.
By midnight, Frederick had produced the document and woke Andrew Wylie, an Associate Justice of the Supreme Court of the District of Columbia from his sleep.
“Sir, I must speak with you immediately!”
“Mr. Aiken? What are you doing here at this hour?”
“I’ve come on behalf of Mary Surratt.”
“You’ve come to the wrong place, Counselor.”
“Please, Your Honor, please just hear me out.”
“All right, Mr. Aiken, all right.”
“Your Honor, Mary Surratt is a civilian. She has been tried in a military tribunal.”
“Because the country, particularly Washington D.C., was at war.”
“Sir, General Lee surrendered at Appomattox on April 9th. The attack on the President and the Secretary of State occurred on the 14th. Lincoln died on the 15th. All events connected to this trial happened after the war came to an end.”
“But, the plot was hatched well before the actual attacks, wasn’t it, Counselor?”
“Perhaps. Even if they were, no actions were taken by my client – Mary Surratt. Besides, the United States constitution guarantees her rights, regardless of…”
“Good points, Mr. Aiken, just what I would have argued if I were in your shoes. The writ is hereby granted!”
Early the next morning, Aiken personally delivered the writ to Secretary Stanton, who received it with outrage. But, the victory was short-lived. Within just hours, Edwin Stanton spoke directly with President Johnson.
Having secured a writ of habeas corpus, Aiken told his client the very next day.
“So, Mr. Aiken, you’re saying that I’ll have a new trial – a civilian trial without generals and military officers?”
“Yes, Mary, that’s correct. Now, I can’t guarantee the verdict won’t be the same. But, the likelihood of leniency is substantially greater. So much, that I believe your life will almost certainly be spared. We may even get so lucky as to have your sentence lessened or perhaps commuted. There’s even a remote, very small possibility, that you’ll be found not guilty”
“Thank you, thank you so much, Mr. Aiken!”
At that moment, three soldiers entered Mary’s cell.
“Good morning, gentleman. I trust you’re here to escort my client back to the boarding house.”
“To my house?”
“Yes, Mary to your house. I’ve arranged for you to be held under house arrest during the duration of your new trial – under guard, of course. You’ll be in familiar, and more particularly, significantly more comfortable surroundings.”
“Counselor…”
“Yes, Corporal?”
“Sir, you’ll want to read this right away.”
“What is it? What is it, Frederick?”
“It’s from President Johnson, Mary…he’s…he’s suspended Justice Wylie’s writ.”
“I’m sorry, Mary. I’m so very sorry.”
“Ma’am, you have to come with us.”
The Corporal and two privates quietly escorted Mary Surratt from her cell. They led her outside, where Lewis Powell, David Herold, and George Atzerodt were also being taken. The gallows had been hastily constructed, built specifically for the execution of the four condemned prisoners.
The heat was so intense, it caused the convicted to sweat profusely. As they walked past empty, cheap pine coffins and four freshly dug graves, they reluctantly climbed the makeshift stairs. When they reached the top of the scaffold, General John F. Hartranft read the death warrant aloud as Captain Christian Rath motioned for his troops to bind the prisoners’ arms to their sides and restrain their ankles.
The four condemned trembled as they stood on the drop.
Just before the noose was placed around her neck, Mary quietly pleaded with one of the executioners, “Please…please, don’t let me fall.”
But, without hesitation, white cloth hoods were then put over their heads and the soldiers stood back behind the convicted while over a thousand people looked on, each holding exclusive tickets to the execution.
As the crowd stood silently in anticipation, Captain Rath slowly raised his hands, paused for a brief moment, then loudly clapped his palms together. Four soldiers nodded in unison, then forcibly kicked away the drop supports, causing the condemned to instantly fall, the nooses to tighten intensely, choking the life out of their bodies as they swayed, helplessly suspended over six feet off the ground.
The condemned swung under the gallows for twenty-five minutes before being cut down.
Mary Surratt would go down in history as the first woman to be executed by the United States government. Her case has been the source of criticism ever since she was put to death. Even today, there remains no conclusive, irrefutable proof of her innocence or guilt.
Orphaned, Anna returned to the boarding house on H Street, but it was soon lost to creditors. In early February 1869, she requested President Johnson grant her permission to rebury her mother in consecrated ground and the application was approved. In mid-June of the same year, she married William P. Tonry, a chemist working in the laboratory of the Army Surgeon General.
John Surratt Jr. was arrested by US officials on November 23, 1866, after hiding from the government for nearly two years.
On the same day Mary Surratt’s trial began, May 12th, 1865, an estimated 1,000 soldiers, unaware of Lee’s surrender to Grant in April, clashed at the Battle of Palmito Ranch, nearly a month later. The troops faced off with Hispanic men fighting for the South and black soldiers for the Union. Rebel forces successfully fended off the Union attack, forcing Federal Colonel Theodore H. Barrett to order a retreat. It is considered by some to be the last battle of the four-year conflict, finally bringing the military hostilities of the Civil War to an end.
Mary Surratt was buried at Mount Olivet Cemetery, Washington, D.C. Her boarding house still stands today at 604 H Street NW.
