Major-General Lew Wallace ( best known to this generation as the author of" Ben Hur"), Brigadier-Generals Ekin, Foster, Harris and How, Major-General Kautz, and Colonels Tompkins and Clendenin. General Joseph Holt was Judge-Advocate — he held that post over the entire army — assisted by Congress man John A. Brigham and Colonel Henry L. Burnett as Assistant Special Judge-Advo cates. They met in the upper story of the penitentiary building. Mrs. Surratt was charged jointly with seven male prisoners with having traitorously conspired with John H. Surratt (her son who had escaped to Europe), John Wilkes Booth (whose remains had then been freshly interred in the cellar of the building), Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson (late of the Buchanan Cabinet), Congress man Clement C. Clay (and three others not notable), to kill and murder Abraham Lin coln, Andrew Johnson, William H. Seward and Ulysses S. Grant. To this general charge was appended a specification that the design of the traitorous conspirators was to deprive the army and navy of their Commander-in-Chief, to prevent a lawful election of a President and Vice-Presi dent, and by such means to aid and comfort the Rebellion and overthrow the Consti tution and laws. The specification alleged as an overt act the killing of President Lin coln by Booth and by the accessory act of each other accused. Another overt act was that of prisoner Spangler, an attache of the theatre, and one Hcrold in aiding Booth to approach the box and in barring its door after his jump to the stage. Also that one Payne, in furtherance of the conspiracy, at tacked Secretary Seward; that one Atzerodt laid in wait to slay Andrew Johnson, and one Michael O'Laughlin to kill General Grant. And that Mary E. Surratt received, entertained, harbored, concealed and assisted each one of the accused men, with knowledge of their murderous conspiracy. A similar specification was made against one Samuel
A. Mudd. All the eight accused were ar raigned to plead not guilty without counsel. The Commission adopted procedures in camera, with refusals of admissions unless under permit of President Hunter, who was also to designate reporters for the press. Each one admitted was to take an oath of secrecy until released in whole or part there from by Judge-Advocate Holt, and any counsel for defense appearing must either take the iron-clad oath of loyalty or furnish evidence that it had previously been taken. On the day following the plea, counsel to the number of six appeared — none of them of especial eminence except General Thomas Ewing, of the famous Ohio family of that name and a brother-in-law of General Sher man, and in a few days afterwards Senator Revcrdy Johnson of the Maryland Bar, who had served as Attorney-General in the Cabi net of President Taylor, joined as special counsel for Mrs. Surratt and as a volunteer. Practically, however, the seven counsel came as a unit — the circumstances of defense applying equally to each conspirator. Upon the appearance of Revcrdy Johnson ob jection was made by members of the Com mission to his attendance, and on the ground that he did not recognize the moral obligation of the oath designed as a test of loyalty. Mr. Johnson met the objection with a most eloquent answer. Said he in the course of his address, " No member of this tribunal " — and he was particular ever to so designate the Commission —" recognize the obligation of the oath more than I do." Then flashing his lustrous eyes on each mem ber, one by one, he added," Nothing in my life would induce me to avoid a comparison in all moral respects between any member here and myself. I am glad that such an asper sion is made when I have arrived at that period of life when it would be unfit to notice it (pausing for a moment) — in an)' other way." Becoming bolder he added, " Who gives to you the jurisdiction to decide upon the moral character of any counsel who may
