War of the Rebellion: Serial 121 Page 0696 PRISONERS OF WAR AND STATE, ETC.

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GENERAL

WAR DEPARTMENT,

COURT-MARTIAL ORDERS,

ADJUTANT-GENERAL'S OFFICE,

Numbers 356.

Washington, July 5, 1865.

I. Before a military commission which convened at Washington, D. C., May 9, 1865, pursuant to paragraph 4 of Special Orders, No.l 211, dated May 6, 1865, and paragraph 91 of Special Orders, Numbers 216, dated May 9, 1865, War Department, Adjutant General's Office, Washingto, and of which Major General David Hunter, U. S. Volunteers, is president, were arraigned and tried--

David E. Herold, G. A. Atzerodt, Lewis Payne, mary E. Surratt, Michael O'Laughlin Edward Spangler, Samuel Arnold, and Samuel A. Mudd.

CHARGE I: For maliciously, unlawfully, and taraitorously, and in aid of the existing armed rebellion egainst the United States of America, on or before the 6th day of March, a. D. 1865, and on divers other days between that day and the 15th day of April. A. d. 1865, combining, confederating, and conspiring, together with one John H. Surratt, John Wilkes Booth, Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young and othres unknown, to kill and murder, within the Military Department of Washington, and within the fortified and intrenched lines thereof, Abraham Lincoln, late, and at the time of said combining, confederating, and conspiring, President of the United States of America and Commander-in-Chief of the Army and Navy thereof; Andrew Johnson, now vice-President of the united States aforesaid; William H. Seward, Secretary of State of the United States aforesaid, and Ulysses S. Grant, lieutenant-general of the Army of the United States aforesaid, then in command of the Armies of the United States, under the direction of the said Abraham Lincoln; and in pursuance of and in pursuance of and inpresecuting sasid malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of said rebellion, afterward, to wit, on the 14th day of April, A. D. 1865, within the Military Department of Washington aforesaid, and within the fortified and intrenched lines of said military department, together with said John Wilkes booth and John H. Surratt, maliciously, unlawfully, and traitorously murdering the said Abraham Linclon, then President of the United States, as aforesaid; and lying in wait, with intent maliciously, unlawfully, and traitorously, to kill and murder the said Andrew Johnson, then hbeing Vice-President of the United States; and the said Ulysses S. Grant, then being lieutenant-general and in command of the Armies of the United States, as aforesaid.

Specification 1.-In this, that they, the said David E. Herold, Edward Spangler, Lewis Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A. Wilkes Booth, incited and encouraged thereunto by Jefferson Davis, George SN. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, citizens of the United States aforesaid, and who were then engaged in armed rebellion against the United States of America, within the limits thereof, did, in aid of said armed rebellion, on or before the 6th day of March, A. D. 1865, and on divers other days and times hbetween that day and the 15th day of April, A. D. 1865, combine, confederate, and conspire together at Washington City, within the Military Department of Washington, and within the intrenched fortifications and military lines of the sasid United States, there being, unlawfully, maliciously, and traitorously to kill and murder Abraham Loncoln, then President of the United States aforesaid, and Commander-in-Chief of the Army and Navy thereof; and unlawfully, maliciously, and traitorously to kill and murder Andrewo Johnso, now Vice-President of the said United States, upon whom, on the death of said Abraham Lincoln, after the 4th day of March, A. D. 1865, the office of President of the said United States and Commander-in-Chief of the Army and Navy thereof would devolve; and to unlawfully, maliciously, and traitorously kill and murder Ulysses S. Grant, then lieutenant-general, and, under the direction of the said Abraham Lincoln, and traitorously to kill and murder William H. Seward, the Secretary of St5ate of the United States aforesaid, whose duty it was by law, upon the death of said President and Vice-President of the United States aforesaid, to cause an election to be held for electors of President of the United States-the conspirators aforesaid designing and intending by the killing and murder of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and