she says many people had photographs of john wilkes booth. maybe before april 14th they did. nobody showed one after. and if you kept one after, it was for a reason, because you admired him and you admired what he had done. another important event occurred on april 17th. while the police were in her house, there was a knock on the door. who was at the door but lewis powell, the man who three days earlier had tried to cut off the head of william seward? why did he seek refuge at her home? what more damning piece of evidence could there be against mary surratt than the fact that one of the key conspirators sought refuge at his home -- at her home while he was running for his life late in the evening on april 17th? but there's more damning evidence for, as we know, the police were interested in what

mary knew about this man. they brought him to her, right to her. they asked her the question, and she denied knowing him. it is important for her to deny knowing him. her lie to the police proves her guilty knowledge. her knowledge of who lewis powell is and what he had done. lewis powell did not arrive late in the evening at mary surratt's house by accident or coincidence. and it was no accident, no fault of her eyesight that mary surratt claimed she did not recognize him. in summary, these are not mere coincidences. use your common sense. ask yourselves, whose son along with the other co-conspirators brought the guns in march to mary surratt's property? who owned the property where the guns were brought and hidden? whose home did the conspirators meet at day after day? whose home did john wilkes booth go to on april 14th, hours

before killing the president? who did john wilkes booth have a private discussion with hours before meeting with the president? mary surratt. who took the binoculars to surrattsville on april 14th so they could be used in the assassin's escape? mary surratt. who drove four hours back and forth from surrattsville on two trips paid for by john wilkes booth to provide important messages to john lloyd? mary surratt. who told john lloyd to make sure the guns and ammunition were ready for someone would be coming the night of april 14th? mary surratt. whose home did co-conspirator lewis powell go to on april 17th seeking refuge while he was running for his life? mary surratt. who lied to the police about not knowing powell? who lied to you today? who is guilty of the conspiracy charge in this case? we ask you to return a verdict consistent with all of the

evidence in this case, a verdict of guilty. thank you very much. >> may it please the court. >> mr. johnson. >> ladies and gentlemen of the jury, the judge will tell you in his closing remarks and his instructions that mary surratt is presumed innocent. the judge will tell you that the prosecution has the burden of proof -- has the burden of proving guilt beyond a reasonable doubt. and as she sits here now she is presumed innocent. the fact of the matter is, your honor, the fact of the matter is, ladies and gentlemen of the jury, three months ago or in 1865, president lincoln was assassinated. and the passion and anger that his murder aroused enveloped everyone. in this courtroom we are not

allowed as american citizens to surrender to that passion and anger. we must decide this case on the facts and evidence. the facts and evidence that we hear in the courtroom. we have heard an introduction by this prosecutor. we have heard an introduction that was no more than an attempt to evoke that passion, that was no more than an attempt to get you to ignore what the facts are in this case, that was no more than an attempt to try to mislead you and lead you away from what we are here for. what we are here for, ladies and gentlemen of the jury, is to analyze the evidence in this case. and that's what i propose to do. we saw on the board that was behind us mr. monico's version of the conspiracy. we saw on the board mr. monico's version of the conspiracy about

how mary surratt was the center. we saw that. but you know it's not so. you know it's not so. you know mary surratt was not involved in shooting anyone, killing anyone, attacking anyone. the fact of the matter is, ladies and gentlemen of the jury, the last set of questions that mr. webb asked the witness is the reason for why i am telling you that mary surratt is no more than a victim in this case. the prosecution in his cross, mr. webb in his cross -- and by the way, mr. webb is the finest cross-examiner in the united states. the fact of the matter is, ladies and gentlemen of the jury, what he talked about was how john jr. was in canada. what he talked about was how john jr. did not come back to help his mother. what he talked about was, why

wasn't he here? why did he go to canada? the fact of the matter is, ladies and gentlemen of the jury, that is more telling of mary's innocence than of her guilt. it shows that john surratt jr. is a man who would not save his mother. it shows that john surratt jr. is the kind of man to use his mother's boarding house, her hospitality, and her friendship with others to serve his own purpose. mary surratt was educated in rural virginia. she was educated by the sisters of charity. she spent her whole life in the countryside. she wasn't a sophisticated woman. she was a person who spent her whole life in the countryside and had moved -- just moved to washington so she could eke out a living. this is the kind of man to use his mother's boarding house, her hospitality and her friendship with others to serve his own purpose. john surratt jr. we know would not come back to save his mother. and when you looked at that

chart up there, you had john surratt jr. on the side there. well, john surratt jr. is the one that dropped off the guns. john surratt jr. was the one that brought john wilkes booth to the house. he was his friend. john surratt jr. was the one that brought atzerodt to the house. john surratt jr. was the one that was friendly with payne. we heard and talked about weichman and lloyd in this case, weichman being the person who was the boarder in the house. weichman being a man who in fact did not, while he was in the house, remember anything about talking about a conspiracy. weichman was friendly with john surratt. they shared a room on both times when he was there. weichman was friendly with atzerodt and payne and engaged in meetings with all of them together. meetings that mary was never at, according to weichman.

weichman even talked about being in a room with payne and these others when they had guns and knives. he says he never understood that there was anything wrong. he was the one that they gave immunity to. he was the one that they didn't prosecute. he was a major witness against mary. weichman was in meetings with these people, claimed he didn't know. mary wasn't there. weichman accompanied him to surrattsville -- accompanied her to surrattsville. mary didn't know. the fact of the matter is, mr. weichman and mr. lloyd -- and we will get to him -- are the reasons that mary's here. the fact of the matter is that if you take away the arguments from mr. monico, the arguments that are trying to engage your passion, and listen to the facts of this case, it's not enough. and what do we know here based on what they said?

we know that weichman was engaging these people in conversations, all of these people, and said mary wasn't there. what we know is mary talked to booth. and wouldn't she talk to booth? wouldn't she be flattered? mr. booth was the most famous actor of that time. mr. booth was an idol, a theatrical idol. the fact of the matter is, any woman, a person like mary, a person from the country who is spoken to by mr. booth, who comes to the house with one or two exceptions because john isn't there, john the center of the conspiracy isn't there. who dropped off the guns? john surratt jr. who knew all the conspirators? john surratt jr. who in fact was involved with payne? john surratt jr. who was payne coming to visit that night? john surratt jr. the fact of the matter is,

payne, powell, those are two of the names he use. they have not proven anything. there's no evidence. is there any single person but one that says a single solitary word about mary surratt? about what she believed in, what she didn't believe in? we hear about her owning slaves. she didn't own slaves. her husband's family did. just another way to engage prejudice into this case. just another way to get you to not listen to the facts of this case. and that's what happened here. was there two visits to surattsville? did weichman go with her to surrattsville? did weichman say there wasn't a single solitary word she said to them that was negative about surrattsville? did weichman say he didn't see any binoculars, the kind of binoculars lloyd said he had? that's right. and weichman was not prosecuted.

the government believed him. the government believed him and used him as a witness. the fact of the matter is, she went to surrattsville -- you went to surrattsville -- you saw the exhibit. she went to surrattsville because she in fact owed someone some money and they owed her money. she went to see mr. nothy on surrattsville on august 11th. we don't hear mr. nothy saying i didn't see him. she went because mr. calvert was putting pressure on her. we don't see mr. calvert saying, i wasn't putting pressure on her. he writes a letter with mr. weichman that -- she writes a letter -- calvert writes a letter to her. he writes a letter to her and says, i want my money. weichman then writes a letter back, writes a letter back. these letters are a conspiracy? nothy is in the conspiracy? calvert is in the conspiracy? weichman is in the conspiracy? the lady was owed money. she went there on that date. she went there on that date. if you analyze every piece of

evidence in this case, there is nothing but circumstance, nothing but innuendo, nothing but passion and the evocation of passion, which is trying to get this -- the attempt is to get this woman hung. >> objection, your honor. >> that's what we're here for. >> objection is sustained. the argument is improper. >> the fact of the matter is, payne came to the house. according to the evidence in this case, mary is supposed to have said to weichman words to the effect that he is a good-looking baptist minister. he was a sharp dresser. he had fancy clothes for a baptist minister. and she saw him a total of three days. he was in that house three days. atzerodt in that house three days. we don't even know if it's the same three days. they were in that house and payne was in that house.

and when payne was in that house and saw and looked and related whatever to mary surratt, what we saw here was a man entirely different from the man that came to the house on april 17th. the man who came to the house on april 17th had been hiding in ditches for three days. the man that came to the house on april 17th was covered in mud and dirt. the man who came to the house on april 17th had a rag on his head covering his head, covered with mud and dirt. and he comes into the house early in the morning while she's surrounded by policemen from the d.c. police. she's surrounded by the d.c. police in the gas light. she's surrounded by the d.c. police in the gas light, and this man comes in dressed the way he is with her eye problems. and they're saying she couldn't identify him. is there a reasonable doubt there, ladies and gentlemen of

the jury? is there anything more than a reasonable doubt? and why did he come to the house? who lived in the house? who had he been visiting in the house? who had invited him into the house? who according to weichman had been having meetings in the house? not mary surratt. john surratt jr., the center of that conspiracy. the person who used mary surratt in order to gain -- if you look at every piece of evidence in this case it is nothing more than circumstance, innuendo, prejudice. the picture? the picture of booth was in every place, was everywhere. she had pictures of generals. the daughter had pictures of union generals. and it was signed. and for three days they've been looking for her son. was she supposed to run through her house looking for pictures of booth to throw away? that's the kind of nonsense and circumstance and prejudice that

shouldn't be allowed in this courtroom. the fact of the matter is, there is only one witness. one witness that mr. monico tried to avoid. and that one witness is john lloyd. it's john lloyd that says that she mentioned someone's coming for the guns. it's john lloyd who by the way the government didn't prosecute, who in fact got on the stand to tell his story and went scot-free and who if he is a member of the conspiracy as mr. webb told us, why is he walking the streets today? it was john lloyd, ladies and gentlemen of the jury, that made those statements that she said that she was supposed to have made on april 11th -- on april 14th. john lloyd. john lloyd who hid the guns that john brought him -- that john surratt jr. brought him. john lloyd who in fact put them in the bowels of the house.

he was the one that hid them. if they were hidden, he was the one that put them into the foundation of the house. john lloyd who in fact never supposedly said to her -- claims he didn't know about the conspiracy but never said to mary in his supposed conversation, why are they coming? what are they going to do? who are they? never. just, the guns are coming. he didn't know anything. didn't ask a word. nonsense. it was john lloyd that hid those guns. it was john lloyd when booth and herald came up to that farm, in the tavern, when he came up -- when they came up to the farm and tavern it was john lloyd that retrieved those guns. it was john lloyd that put the guns in the hands of booth and herald. it was john lloyd who knew when

he put the guns in their hands that the intention of booth and herald was to kill people, kill people who were pursuing them. this is the man that they want you to listen to. nobody says anything about eyeglasses or field glasses or binoculars but john lloyd. no one says anything about what was said on april 14th but john lloyd. nobody says anything about what was said on april 11th but john lloyd. the only piece of evidence in this case directly inculcating this lady is john lloyd. miss surratt was generously saying something to the effect, oh, well, he may have been drunk. maybe he isn't intentionally lying. and then the cross-examination is, well, he tied a piece of rope on a wagon to help them. how could he be drunk? well, mr. webb evidently doesn't know as many drunks as i do. but the fact of the matter is, the fact of the matter is, john lloyd is the only person involved in this case that has

a single direct statement or says a single direct word about mary sitting right there. mary's not happy with me. mary's not happy that i'm talking about her son. but mary knows in her heart, even though she did not know in her head, that he's involved in. this. and basically, ladies and gentlemen of the jury, i am asking you please to look at all this evidence. look at the evidence, the things that happened, the things that directly impact on her. with the exception of john lloyd, not one person says she was in any meeting other than the few meetings she was with booth, the most popular -- you know, booth was friendly with john ford. booth played at ford theater one month before the assassination. booth played to houses all over the world. in fact, all over the north. could anyone, anyone looking at john wilkes booth, could anyone talking to john wilkes booth not be flattered? could any woman in her position not be flattered?

if all -- how could he appear in all these theaters if he had confederate sympathies? how would john ford put him in the shadow of the white house to play to abraham lincoln? he entertained abraham lincoln just a month or two earlier. the fact of the matter is, nobody knew. and if nobody knew, she didn't know. if nobody could figure out, she didn't know. if she didn't talk to these people and she was misled by her son, she didn't know. and they have no evidence to show, no direct evidence to show, except john lloyd who even mr. webb says is a conspirator. even webb says he's a conspirator even though he wasn't charged. now, let me just say this. i've talked for not very long, at least the way i usually talk in a courtroom. but the fact of the matter is, ladies and gentlemen of the jury, i've argued that this is

reasonable doubt. that's reasonable doubt. that's reasonable doubt. that's reasonable doubt. and you may say to me, i disagree as to this. i disagree as to that. i disagree as to the other thing. but let me ask you this. if you put it all together, if you put it all together, put it all together and say to togethe together and say to yourself, is there reasonable doubt? and if you find that, you've got to find her not guilty. she is a woman that was used by her son and by circumstance. she was used by him and she's not guilty of this offense. i ask you to find mary not guilty. thank you. >> members of the jury, the defendant in this case, mary surratt is charged with maliciously before the 6th day of march 1865 and on other days

combining, con fed rating and conspireing together with one john wilkes booth and others to murder abraham lincoln, late president of the united states of america and further prosecution of said conspiracy, she is charged with entertaining, harboring, aiding and assisting co-conspirators with the knowledge of the murderous and traitorous conspiracy and attempt to aid and assist them in escaping from justice after the murder of president lincoln. you have seen and heard the evidence and the arguments of the attorneys. you must decide the facts of this case and apply them to the law as i instruct you. perform these duties faithfully and impartially. do not allow sympathy, prejudice, fear or public opinion to influence you.

defendant mary surratt is presumed innocent. this presumption is not overcome unless from all of the evidence you are convinced that the government has proved its case against mary surratt guilty beyond a reasonable doubt. in evaluating the testimony of any witness, you may consider among other things the witness's age, intelligence and perception and memory, interest, bias or prejudice. manner of testifying and the reasonableness of the testimony. if a witness is received consideration for testimony, for example, a promise or decision not to prosecute, you should consider the witness's testimony with caution and great care. a conspiracy is an agreement between two or more persons to accomplish an unlawful purpose. to sustain the charge of conspiracy, the government must prove, first, that a conspiracy

to murder president lincoln existed. second, that mary surratt became a member of the conspiracy in an intention to further the conspiracy. third, that one of the co-conspirators, john wilkes booth, committed the avert act of the murder of president lincoln in furtherance of the conspiracy. a con spir tore is responsible for the offense committed by his or her fellow co-conspirators if he or she was a member of the conspiracy when the offense was committed and if the offense was committed in furtherance of and foreseeable consequence of the conspiracy. it is stipulated between the parties that president lincoln was murdered on april 14th, 1865 as part of a conspiracy involving john wilkes booth. thus, elements one and three

have been proven. the only issue must decide is the second element. mary surratt knowingly become a member of the conspiracy with an intention to further the conspiracy. at this time, you need not consider whether mary surratt was part of a conspiracy to murder vice president johnson and secretary sue ard or general grant. if you find the government has proved beyond a reasonable doubt that mary surratt knowingly became a member of the conspiracy with an intention to further the conspiracy, then you should find the defendant guilty. if on the other hand you find that the government did not prove beyond a reasonable doubt that mary surratt knowingly became a member of the conspiracy with intention to further the conspiracy, then you should find the defendant not guilty. with these words, i commit the decision of this case to you.

>> ladies and gentlemen, you are the jury. we ask you now to deliberate for 60 seconds. you may talk among yourselves and at the end of one minute i will come back and tell you how to vote.

ladies and gentlemen, the 60 seconds has passed. it is now time to render your verdict. to make that mark, you can take either of the following selections on this device that was given to you as you came in. if you want to vote guilty, you press 1a. if you want to vote not guilty, press 2-b. if you want to change your vote, just vote either one and the last vote will be the one that counts. you have 30 seconds.

>> the voting is now closed. we await your verdict. your honor.

>> the case of united states ver vus mary surratt -- in the case, you don't need to hear it. [ applause ] >> thank you, your honor. unfortunately, mary surratt was hanged. on july 7th, 1865, less than three months after the death of president lincoln on april 14th and less than one month after her trial on may the 9th. the only appeal that was available to her was a writ of

habeas corpus, they asked a district of columbia court for that writ arguing that the the military tribunal had no jurisdiction. the court issued the writ at 3:00 a.m. president johnson was informed that the court had issued the writ and promptly canceled it at 11:30 a.m. exparty, the confederate appeal of lambdone milligan was before the supreme court at the very time of surratt's hanging. the petitioner was convicted of attempting to overthrow union governments in indiana, ohio and michigan and his death sentence stayed by president johnson until a decision was reached. he decided april 3rd, 1866, less than a year after surratt's death, the court favored milligan outlawing the