Sunday, May 27, 2012

Today in the Lincoln conspiracy: May 27

The lawyers representing the Lincoln assassination conspirators faced many hurdles.  Their clients were being judged by a military tribunal, not a civilian court.  The defendants were not permitted to speak on their own behalf.  And they were accused of plotting to kill the Commander-in-Chief that each member of the tribunal had served.  Defense attorneys were fighting an uphill battle.  Even so, they didn't always cover themselves in glory.

Take, for example, the testimony of Augustus Spencer Howell.  The attorney representing Mary Surratt called Howell to the witness stand on May 27, 1865.  The purpose of his testimony, apparently, was to cast doubt on the star prosecution witness, Louis Weichmann.  Howell testified he and Weichmann were both staying at the Surratt boardinghouse the previous February.  He claimed Weichmann professed his sympathies for the Confederate cause and even proclaimed his intention of moving to Richmond and getting a job in the Confederate War Department.  It was a startling accusation, considering Weichmann was a clerk at the United States War Department and a member of the home guard unit charged with protecting Washington from Southern attack.  Howell seemed to be suggesting Weichmann was some sort of secret Confederate agent, deep in the heart of the U.S. government.

The prosecution team, Gen. Henry Burnett on the right
The prosecution pounced.  Brigadier General Henry Burnett, the assistant judge advocate for the case, asked Howell, "What has been your business for the last year and a half?"  It seemed a harmless, routine inquiry.  But the defense vigorously objected.  When the court overruled the objection and the question was repeated, the defense objected again.  The court overruled it again.  What was it the defense was trying to keep out of the trial record?

Howell, it turns out, was a blockade runner.  He made several trips across the Potomac River, accompanying people to and from the Confederate capital of Richmond.  Howell denied he smuggled supplies, and denied acting as a courier.  But he admitted visiting Richmond every few months during the early years of the war.  And he had even made a trip to Richmond the previous February -- just days after he stayed at the Surratt boardinghouse.  Needless to say, Howell's testimony didn't carry a lot of weight with the tribunal.

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