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CORNELL
UNIVERSITY
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The Gift of
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E457.5 .M94 1906
The life of Dr. Samuel A. Mudd
olin
3 1924 032 760 930
7
THE LIFE OF
DR. SAMUEL A. MUDD
Cornell University
Library
The original of tiiis book is in
tine Cornell University Library.
There are no known copyright restrictions in
the United States on the use of the text.
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Dr. Samuel a. Mudd
As He Appeared when Working in the Carpenter's Shop in the
Prison at Fort Jefferson
FRONTISPIECE
THE LIFE
OF
Dr. Samuel A. Mudd
Containing his Letters from Fort Jefferson,
Dry Tortugas Island, where he was Im-
prisoned Four Years for Alleged Complicity
in the Assassination of Abraham Lincoln
WITH
Statements of Mrs. Samuel A. Mudd,
Dr. Samuel A. Mudd, and Edward
Spangler Regarding the Assassination
and
The Argument of General Ewino
on the Question of the Jurisdiction of the Military Commission,
and on the La<w and Facts of the Case
also "Diary" of John Wilkes Booth
EDITED BY HIS DAUGHTER
NETTIE MUDD
with preface by
D. ELDRIDGE MONROE
of the BALTIMORE BAR
New York and Washington
THE NEALE publishing COMPANY
1906
Copyright, 1906, by
THE NEALE PUBLISHING COMPANY
CONTENTS
PAGE
Preface, 1 1
Introduction, 19
I. My Father's Birthplace and Childhood —
School-days, College and Home Life, .... 23
II. My Mother's Statement, 29
III. Continuation of my Mother's Statement; also
Sworn Statement of my Father, Dr. Sam-
uel A. Mudd, 40
IV. Argument of General Thomas Ewing to the
Jurisdiction of the Military Commission, . . 49
V. Argument of General Ewing on the Law and
the Evidence in the Case of Dr. Mudd 60
VI. Prison Life at Fort Jefferson in 1865, as Told
by Dr. Mudd and Others, no
VII. Prison Life in 1865, Continued — Attempted
Escape, as Told by my Father, 123
VIII. Negro Troops at Fort Jefferson, Relieved in
Part by White Soldiery 139
IX. Prison Life in 1866 — New Year's Day at Fort
Jefferson, 154
X. Prison Life in 1866, Continued — Description
of Fort Jefferson 171
XL Prison Life in 1866, Continued — General
Sheridan Intervenes for Better Treatment
of Prisoners, igo
XII. Prison Life in 1866, Continued — Plans for my
Father's Release by Habeas Corpus Pro-
ceedings, 212
8 THE lilFE OF DR. SAMUEIi A. MUDD
PAGE.
XIII. Prison Life in 1867 — Capture of John H. Sur-
ratt in Egypt, and his Arrival in Washing-
ton, 219
XIV. Prison Life in 1867, Continued — Booth's Diary
Would Have Tended to Establish my
Father's Innocence Had it Been Offered in
Evidence — "Somebody Had to Suffer," 237
XV. Prison Life in 1867, Continued — Ravages of
Yellow Fever — My Father Assumes Charge
of the Hospital at Fort Jefferson, 257
XVI. Prison Life in 1867, Continued — Garrison Re-
duced by Deaths from Fever — My Father
Free to Escape, but Chooses to Remain and
Give "All the Hope and Encouragement
Possible to the Death-stricken Victims" — Is
Finally Himself Stricken Down, 274
XVII. Prison Life in 1867, Continued — The Scourge
of Yellow Fever Being Ended, my Father is
Again Put in Chains, 296
XVIII. Prison Life in 1868— The Withholding of
Booth's Diary — Surratt's Release, 303
XIX. The Pardon — Home Coming — Spangler's
Statement — ^The Closing Scene 318
LIST OF ILLUSTRATIONS
Facing
PAGB.
Dr. Samuel A. Mudd as he Appeared When
Working in the Carpenter's Shop in the Prison at
Fort Jefferson, Frontispiece
Abraham Lincoln, 24
Mrs. Samuel A. Mudd 40
General Thomas Ewing, 60
Andrew Johnson, 154
Fort Jefferson, Dry Tortugas Island, 171
John Wilkes Booth, 240
PREFACE
The assassination of Abraham Lincoln startled and
shocked the civilized world as few events have done in
the whole course of human history. It occurred at a time
when, by reason of the termination of the Civil War with
the surrender of L,ee at Appomattox, there was promise
and hope of a more kindly feeling between the people of
the two great sections of the country who, during a
period of four years, had been arrayed against each other
in deadly strife. The victors had granted magnanimous
terms to the vanquished. The conciliatory and generous
spirit shown by the Commanding General of the victo-
rious armies in the hour of his crowning success, and to
which he afterward gave expression in the famous de-
claration, "Let us have peace," awakened hopeful re-
sponse in the hearts of the conquered people.
It was at this point of time, when better and brighter
days seemed to be dawning for the whole country, that
the tragedy of Lincoln's death aroused throughout the
land. North and South, an excitement unparalleled in the
nation's history. The victim of the assassin had become
almost deified in the minds of the Northern people. The
people of the South had learned to respect and honor him
for his lofty virtues as a man, while conscientiously con-
demning the administrative policies for which he stood.
When the estimation in which he was held by the people
is considered, it is not a matter to cause surprise, al-
though to be deplored, that the news of the assassination
excited for the time a feeling of bitterness more intense
than had existed at any period during the bloody years of
the Civil War. This feeUng, deplorable but not alto-
gether unnatural under the circumstances, was so ex-
treme that, at first, a large number of the Northern people
12 THE lilFE OF DR. SAMUEL A. MDDD
were disposed to place the responsibility of L,incoln's
murder on the whole of the Southern people and to have
inflicted upon them all vindictive punishment. This
monstrous idea ultimately gave place to the one not less
vicious, yet perhaps less far-reaching, that victims, guilty
or innocent, must be sacrificed to avenge the crime of the
assassination of the President. To the honor of the vic-
torious Union army it should be stated that few of
the soldiery shared in this desire for indiscriminate
revenge. Among those high in authority in the adminis-
trative affairs of the nation, however, in a spirit dia-
metrically at variance with that spirit of magnanimity and
kindness that had uniformly characterized the course of
President Lincoln, the determination was deep seated
that victims must be offered up for sacrifice.
One of these victims was Dr. Samuel A. Mudd, whose
sufferings to satisfy the demands thus born of prejudice
and passion, are set forth in this volume, edited by his
daughter, then unborn. In this work she has not sought
to produce effect by ingenuity of argument, or to deduce
conclusions from premises admitted or assumed. She
has simply presented to the reader the facts as contained
in the argument of General Ewing, made in defense of her
father before the Military Commission before which he
was tried ; the statement of her mother ; the statement of
Spangler, one of the alleged "conspirators," who was
imprisoned in Fort Jefferson for nearly five years; and
the statement of Dr. Mudd, written while he was in
prison but which he was not allowed by the authorities
to give to the public, and which is now for the first time
published ; together with the letters of her father, writ-
ten during the long period of his incarceration, and also
the letters of various other persons relating directly or
indirectly to the alleged "conspiracy." Upon these facts,
without comment, she rests the question of the guilt or
THE UFE OF DB. SA3fCEL A. MUDD 13
innocence of her father, and submits the matter to the
consideration of an impartial public.
The letters of Dr. Mudd, written not for general
perusal, but for the eyes alone of those very "near and
dear" to him, reveal the character of the man more accu-
rately perhaps than it could be revealed in any other
manner. That he suflfered intensely is apparent; that
this suffering, which was caused chiefly by his anxiety
concerning the welfare of his wife and little children,
should have embittered him as the period of his imprison-
ment, which he regarded as absolutely unjust, was length-
ened out from year to year, is neither surprising nor cen-
surable. This bitterness appears only in his later letters.
He was a man of culture, of quiet tastes, unostentatious,
retiring. He preferred the peaceful surroundings of his
home, the association and love of the members of his
family, and the friendly intercourse of his neighbors, to
any participation in the stirring and momentous events
that were transpiring in his war-ridden country.
From such peaceful scenes and surroundings of his
home he was, on the 24th of April, 1865, rudely torn, a
prisoner charged with complicity in one of the most
wicked and monstrous crimes that ever cast a stain upon
the pages of the world's history. At first he seems to
have scarcely regarded his arrest seriously, but as a mis-
take, incidental to the disturbed condition of the time,
that would be speedily corrected. He believed that he
would soon be restored to his family, and was particu-
larly solicitous, not about his own fate, but that, during
his brief absence from home, the work on the farm
should be properly attended to. In the first letter he
wrote to his wife, after his arrest, dated from the Carroll
Prison, he does not speak of any personal discomfort or
apprehension, but advises her to "try and get some one
to plant our crop," "hire hands at the prices they de-
mand," "urge them on all you can and make them work,"
14 THE lilFE OP DB. SAMUEL A. MXTDD
and expresses the hope that his absence may be of short
duration. This letter is dearly that of an innocent man,
conscious of his innocence, and believing in his early and
complete vindication.
His hopes, however, were not to be realized. "The
frenzy of madness that ruled the hour," referred to by
the eminent advocate for the defense, and himself a dis-
tinguished Union soldier, decreed otherwise. He was
declared guilty by the military tribunal, and was ulti-
mately sentenced to be confined for life in Fort Jeffer
son, on the Dry Tortugas Island, than which no more
desolate place of imprisonment could have been found
within the limits of the then United States, or where his
banishment from his family would have been more com-
plete. It seems clearly to have been the purpose of the
Federal authorities to place him beyond the reach of the
processes of the civil courts.
Now is shown forth the nobility of his character. He
bears his misfortunes, as is testified by the distinguished
attorney who defended him, with "Christian fortitude."
He is conscious of his innocence, knows his punishment
to be unjust, yet believes that justice will ultimately
triumph. Hope was still active and alluring. His
anxiety was something apparently apart from himself
and his personal interests and welfare, but existed solely
on account of his wife and children. In his letter, writ-
ten on shipboard when he was being carried to the place
where he was to endure the severest privations as a
prisoner, probably for life, he tells his wife "not to give
up hope — take care of the little ones." All through his
letters there breathes the spirit of true Christian heroism.
His faith in the goodness and wisdom of a Supreme
Power seems never to have been shaken. True, as time
passed on and the rigors of his iinprisonment were in-
tensified rather than relaxed, and he realized more
acutely the hardships of his unjust punishment, he
THE lilFE OF DB. SAMUEI; A. MUDD 15
showed occasionally a tendency toward misanthropy.
He came to doubt both the gratitude and justice of man,
but never appears to have doubted the goodness of God.
In a letter written on Christmas Day, 1865, to his wife,
he says : "What have I done to bring so much trouble
upon myself and family? The answer from my inmost
heart — nothing. I am consoled to know that the greatest
saints were the most persecuted and the greatest suffer-
ers, although far be it from classing myself with those
chosen friends of God. * * * j ii^ve endeavored to
the best of my ability to lead as spotless and sinless a life
as in my power." Again, on January i, 1866, he writes
to his wife: "I can stand anything but the thought of
your dependent position; the ills and privations conse-
quent pierce my heart as a dagger."
As time passed on and he was again and again disap-
pointed in his hopes of an early release, his desire to
again be with his family becomes more intense, until it
seems to dominate his every thought. In one of his
letters to his wife he says: "I have but one desire,
namely : to be with you, and to see our dear little chil-
dren properly trained and educated." One will there-
fore hesitate to blame him, when the harshness and in-
justice of his imprisonment are considered, for making
an effort to escape. This he did in the latter part of the
year 1865, although he had positively declared in the
earlier months of his incarceration, his purpose not to try
to escape, as any effort on his part to do so might seem
to indicate a consciousness of guilt. The effort, how-
ever, when made was abortive, and resulted in his being
subjected to greater hardship of treatment in his im-
prisonment than he had hitherto endured. He stated,
after his release from prison, that he had intended to
escape and reach some point where the writ of habeas
corpus was in force and available and then surrender
himself to the authorities, in order that the writ might
16 THE LIFE OF DR. SA3IUEIi A. MUDD
be invoked in his behalf and the legaHty of his trial and
sentence by the military court tested.
After his unsuccessful effort to escape he seems to
have been subjected to cruelties almost beyond the power
of human endurance. Yet we find him, during the visi-
tation of the dreaded yellow fever to the island, ready
and willing to sacrifice his life for the relief of his perse-
cutors. Rarely has there been shown in the life of any
man greater heroism and self-abnegation than that
shown by Dr. Mudd in his course while the fever pre-
vailed among the soldiers who held him in captivity. To
minister to them as he did was an exhibition of mag-
nanimity and self-sacrifice worthy of the highest praise
that can be ascribed to human conduct. Yet he was to
show that he had reached a loftier plane of human ex-
cellence than that evidenced by his mere ministrations to
the stricken yellow fever sufferers. He had through
months of wearying, harassing imprisonment, longed to
get beyond his prison walls. The time came when
nearly every man of the garrison was helpless from
fever, when he could have left the island, with no man
to hinder him. Yet hear what he says : "By the hand of
Providence my fetters have been broken, yet I run not,
preferring to share the fate of those around me and to
lend what aid in my power to breaking down the burning
fever, overcoming the agonizing delirium, and giving all
the hope and encouragement possible to the death-
stricken victims of the pestilence." In this quotation
from a letter to his brother-in-law, dated October i, 1867,
and intended not for public perusal, Dr. Mudd's charac-
ter stands forth as a living exemplification of the loftiest
Christian charity. When we find that only a little time
had elapsed after he had written this letter, as he states
in a letter dated December 7, 1867, he was still in chains,
under rigorous guard and required to do menial labor,
can any one censure him for indulging in some harshness
THE LIFE OF DR. SAMUEL A. MUDD 17
of expression concerning those responsible for his mis-
fortunes ?
Nor can one deny to his wife the highest measure of
praise for her noble, womanly conduct during all the
trying ordeals through which she was required to pass.
Her trials will never be known save to herself and the
God in whom she unfalteringly trusted. We are given
some idea of the depth of her suffering, of the laceration
of her woman's heart, in her letter of January 28, 1866,
to President Johnson. In "Rachel mourning for her
children and would not be comforted," no lower note of
human anguish is sounded than that touched in the heart
of this wife and mother, as shown in this appeal for jus-
tice to her husband and the father of her little children.
Few can read this letter without emotion ; none can read
it without a measure of profound sympathy, and a yet
larger measure of admiration, for the faithful woman
who wrote it.
Through all the period of her husband's incarceration,
with resources exhausted in his defense, dependent for
the maintenance of herself and her children on the
product of a farm for the tilling of which it was almost
impossible to procure labor, with anxieties almost in-
numerable pressing upon her, she bravely struggled on,
persistently striving to secure her husband's release, and
writing cheering words to him, bidding him hope. To
women such as she, for their example alone, the world
owes a debt of gratitude not easily cancelled.
In conclusion — just forty-one years have elapsed since
the death of President Lincoln; the sectional bitterness
engendered by the civil war has passed away; we have
in truth a reunited country; North and South alike
honor the name of Lincoln. Has not the time arrived to
fully vindicate the name of Dr. Samuel A. Mudd, who
was so cruelly and unjustly called upon to suffer — and
18 THE LIFE OF DB. SAMUEL A. MUDD
to remove from that name even the faintest shadow of
doubt that may exist regarding his complicity in the
great crime committed in Ford's Theater, in Washing-
ton, forty-one years ago ?
D. EiJ)RiDGS MoNRoe.
Bai.timore, April 14, ipo6.
INTRODUCTION
Abraham L,incoln, President of the United States,
while attending a play in Ford's Theater in Washington,
on the evening of the fourteenth of April, 1865, was fa-
tally shot by John Wilkes Booth. In jumping from the
box in the theater, occupied by the President, and in
which the infamous act was committed, to the stage,
Booth fractured a bone in his leg. He nevertheless es-
caped through a rear entrance to the theater, and mount-
ing a horse, which he had provided should be kept in
readiness, escaped by way of the bridge across the East-
ern Branch of the Potomac River, into southern Mary-
land. With his features disguised, and in company with
David E. Herold, he reached the residence of Doctor
Samuel A. Mudd, in Charles County, thirty miles south
of Washington, about 4 o'clock on the morning after the
assassination. Dr. Mudd set the broken bone in Booth's
leg. As will appear by the following chapters neither Dr.
Mudd nor any member of his family knew of Booth's
identity. Both he and Herold gave assumed names.
They left about 2 o'clock of the same day, and ultimately
succeeded in crossing the Potomac into Virginia. They
were discovered in a bam on the farm of a man named
Garrett, near Port Royal, Virginia, on the morning of
Wednesday, April 26, 1865. United States officers and
soldiers surrounded the building. Herold surrendered.
Booth refused to surrender. The barn was then set on
fire. Booth approached the door of the barn, as the flames
surrounded him, and was shot and killed by Sergeant
Corbett.
In addition to David E. Herold, George A. Atzerodt,
Mrs. Mary E. Surratt, Lewis Payne, Samuel Arnold,
Michael O'Loughlin, Edward Spangler, and Dr. Samuel
20 THE LIFE OF DR. SA3nJEI/ A. MIIDD
A. Mudd were subsequently arrested charged with com-
plicity in the crime of assassinating the President, "and
the attempted assassination of the Honorable William H.
Seward, Secretary of State, and in an alleged conspiracy
to assassinate other officers of the Federal Government at
Washington." By an order issued by President Johnson,
dated May i, 1865, the Adjutant-General was "directed
to detail nine competent military officers to serve as a
Commission for the trial of the accused." It was strenu-
ously contended, by many of the most eminent lawyers of
the country, that the civil courts alone had jurisdiction to
try the accused, and that their trial by the Military Com-
mission was illegal.
The following officers were detailed on the Commis-
sion : Maj.-Gen. David Hunter, U. S. V.; Maj.-Gen.
Lew Wallace, U. S. V.; Brevet Maj.-Gen. August V.
Kautz, U. S. V. ; Brig.-Gen. Alvin P. Howe, U. S. V. ;
Brig.-Gen. Robert S. Foster, U. S. V. ; Brevet Brig.-Gen.
James A. Ekin, U. S. V. ; Brig.-Gen. T. M. Harris, U. S.
V. ; Brevet Col. C. H. Tompkins, U. S. V. ; Lieut.-Col.
David R. Clendenin, Eighth Illinois Cavalry. Brig.-Gen.
Joseph Holt was Judge-Advocate and Recorder of the
Commission, assisted by Judge-Advocates Burnett and
Bingham. The Commission held its sittings in a room in
the old Arsenal Building, in Washington. The Commis-
sion met May 9, 1865, but adjourned to the loth, to en-
able the accused to employ counsel.
The trial began on the latter date, and ended on the
30th day of June, 1865, when the Commission announced
its decision. Mrs. Mary E. Surratt, David E. Herold,
George A. Atzerodt, and Lewis Payne were declared to be
guilty, and sentenced to be executed July 7, 1865, between
the hours of 10 o'clock a. m. and 2 o'clock p. m. Dr.
Samuel A. Mudd, Samuel Arnold, and Michael O'Lough-
lin were declared to be guilty, and were sentenced to be
confined for life, at hard labor, in the penitentiary at Al-
THE LIFE OP DR. SAMUEL A. MUDD 21
bany, New York. Edward Spangler was declared to he
guilty, in a lesser degree, and sentenced to be confined in
the penitentiary at Albany, at hard labor, for a term of six
years. The penitentiary sentences were subsequently
modified, by changing the place of imprisonment from
Albany to Fort Jefferson, on the Dry Tortugas Island,
Florida. President Johnson approved the findings of the
Commission on the Sth day of July, 1865.
On the 7th day of July, 1865, Mrs. Surratt, Herold,
Atzerodt and Payne were executed by hanging. Strenu-
ous efforts were made to save the life of Mrs. Surratt,
but without avail. A writ of habeas corpiis was issued in
her behalf, by Judge Wylie of the Supreme Bench of the
District of Columbia, on the application of her legal ad-
visers, returnable at ten o'clock on the morning set for
her execution. The military authorities, however, re-
fused to surrender her. The story of the imprisonment of
Dr. Mudd, and incidentally that of Arnold, Spangler, and
O'Loughlin, is told in. the following chapters. Much in-
formation in relation to the incidents connected with, and
growing out of, the assassination of President Lincoln,
and not heretofore published, is also given.
THE LIFE OF DR. SAMUEL A. MUDD
CHAPTER I
MY father's BIRTHPI^ACE; and CHIIyDHOOD SCHOOI<-
DAYS, COIXEGB AND HOME WFE
Dr. Samuel Alexander Mudd, known in his-
tory as one of the "Lincoln conspirators," was
born on a large plantation in Charles County,
Maryland, nearly equidistant five miles be-
tween the villages of Waldorf and Bryantown,
fifteen miles from the county seat, La Plata,
and twenty-five miles from Washington. His
father, Henry Low Mudd, was a wealthy
planter and slave owner. His estate, for more
than a mile, extended along the "Old Mill
Swamp," gradually rising on the east side of a
stream known as the Sakiah. The surface of
the land increased in elevation from the
"Swamp" until, with a steep upward sweep, it
ascends to a high hill, sloping toward the north
and south, the summit crowned with locusts
and wide-spreading oaks; from these it de-
rived the name it bears, "Oak Hill."
On the top of the hill was built the old home-
stead. In architecture it was not different
from other houses in the vicinity. Wide, old-
fashioned halls and spacious rooms, substan-
tially furnished, formed a comfortable abode
and place of entertainment for the family and
24 THE lilFE OF DR. SAMUEL A. MUDD
visiting guests. At the north wing of the
house was the schoolroom, where many les-
sons were learned, perhaps many childish tears
were shed, and many airy castles were built
never to be realized. Above this was the home
chapel. Bed chambers occupied the remainder
of the second floor.
Viewed from the nearest point in the valley,
it presented in appearance a large structure
without any architecturally definite shape.
Outside it looked well enough. It seemed to
the eye roomy and hospitable. A large lawn,
sloping to the public road, was dotted with
shrubbery, which contrasted prettily with the
white background formed by the painted
weatherboarding of the house.
Here on December 20, 1833, was born Dr.
Samuel A. Mudd, who in after years was des-
tined to involuntarily play so conspicuous a
part m one of the most important events in the
nation's history. Amid these rural scenes he
passed his infancy and childhood. Even from
his earliest years, he was always thoughtful of
others, always distinguished for his gentleness
and kindness. When attending the public
school, which he began to do when a little boy
of seven years of age, such was his uniform
courtesy and consideration for others that the
companions of his early childhood remained
his friends for life.
After a year or two in the public school, his
father secured a governess for the instruction
of his children, and he then continued his
Abraham Lincoliv
FACING PAGt 24
THE LIFE OF DR. SAMUEIi A. MUDD 25
Studies at home with his sisters. Here under
the tuition of Miss Peterson, the governess, he
made rapid progress in his studies. At the age
of about fourteen years he entered St. John's
College, in Frederick City, Maryland, where
he spent two years. He then entered George-
town College, in the District of Columbia,
where he completed his collegiate course. He
was particularly interested in the study of lan-
guages and became proficient in Greek, Latin,
and French ; and was also a musician of recog-
nized ability, performing with skill on the vio-
lin, piano, flute and other instruments. After
leaving Georgetown College he studied medi-
cine and surgery in the University of Mary-
land, Baltimore, where he graduated in March,
1856. During his last year at the University
he practiced in the hospital attached to that
institution, and in recognition of his services
received from the faculty a complimentary cer-
tificate of merit at the time he received his
diploma.
Again, his college life ended, we find him in
his old home, amid the friends and scenes of
his childhood. Here on his father's estate may
have been seen more than a hundred slaves,
who made the evenings merry with song, and
with banjo and violin accompaniment. Scat-
tered over various sections of the farm may
also have been seen the "quarters" of these
humble colored folk, who were always treated
with the kindest consideration by their mas-
ter and mistress, and who would say of these
26 THE LIFE OP DR. SAMUEL A. MUDD
white friends, after they had passed from
earth, "God bless my old Marse and Miss; I
hope dey is in heaven." Here my father began
his public life as a practicing physician;
always keeping his old friends by his loyalty
and uprightness, and continuously adding to
the list some new ones. It is not too much to
say, nor should it be charged to filial partiality,
that to know him was in truth to love him.
He was the friend of the needy, the consoler
and comforter of those in distress and trouble.
He never paused to consider whether those
needing his ministrations could or could not
remunerate him. He gave freely of his best
to all alike.
About eighteen months after he established
himself in practice he married Miss Sarah
Frances Dyer, whom he always in after years,
as will appear by his letters, addressed as
"Frank," his schoolmate and childhood's love,
having been engaged to her four years. At
the time they became engaged she had just
graduated from the Visitation Convent, Fred-
erick City, Maryland. Cardinal Bodeni, the
first delegate sent to the church by the Pope of
Rome, conferred on her the graduating honors.
It may be of some interest to the young people
of this day to learn how so important a matter
as the matrimonial engagement was arranged
at that time. There is perhaps little variation
between the method of engagement at that
time and that of the present. My mother, after
my earnest solicitation to learn more of this
THE LIFE OF DR. SAMUEL A. MUDD 27
important event, at last consented to say,
"There was nothing romantic in our little love
affair. I was only seventeen and Sam eighteen
years of age, so it was impossible to think of
getting married just then. When Sam asked
me, 'Frank, are you going to marry me?' I
answered, 'Yes, when you have graduated in
medicine, established a practice for yourself,
and I have had my fun out, then I'll marry you.
You need not get jealous; I vow I will never
marry any one else.' " This seems to have
settled matters, and on the 26th of November,
1857, they were married in her home, which
was only a few miles distant from where my
father then lived. During the two years fol-
lowing they resided at the home where they
were married, with her elder brother, Mr. Jere
Dyer, who was a bachelor, and whose name
appears frequently in the succeeding chapters.
After this they moved into their own home,
which my mother still occupies. From this to
the time of the Civil War life moved on
smoothly, she being busy with her household
duties and the care of her little ones, and he
being fully occupied in attending to his prac-
tice and to the farm.
While Maryland never seceded from the
Union, the war brought much distress and sor-
row to many homes and hearts within her bor-
ders. Her people, especially in the southern
part of the State, where the number of slaves
was large, were subjected to many of the in-
conveniences and hardships suffered by the
28 THE lilFE OF DR. SAMtTBIj A. MUDD
people in the States of the Confederacy. The
negroes, very soon after the war commenced,
became imbued with the idea of freedom, and
as this idea gained stronger hold in their minds
their efficiency as servants diminished. When
President Lincoln issued the Emancipation
Proclamation on January 1, 1863, declaring the
freedom of the slaves in the States that had
seceded, the moral effect on the negroes in
Maryland was such that they were of little
value to their owners. Their demoralization
as laborers was almost complete. Subse-
quently, when slavery was abolished in the
State by constitutional provision, they almost
uniformly refused to work for their former
owners, even for highly remunerative wages.
Of course, in my father's home, there were ex-
perienced these conditions. He had to pay
twice the value of their services to the emanci-
pated colored people in order to make even a
partial crop, or to retain them as servants
about his dwelling.
This was the state of affairs on my father's
farm at the time Booth fired the fatal shot, in
Ford's Theater, by which the life of the Presi-
dent was destroyed. The fact that these con-
ditions did exist made it much harder for my
father to bear his imprisonment. He was de-
voted to his family. He knew that my mother
would find it to be almost impossible to obtain
labor to cultivate the farm. He was at all
times, during his long imprisonment, bur-
dened, indeed almost tortured, by the fear that
she and the children might come to want.
CHAPTER II
MY mother's statement
The following very full statement was writ-
ten by my mother:
The first time I ever saw John Wilkes Booth was in
November, 1864. My husband went to Bryan town
Church, and was introduced to Booth by John
Thompson, an old friend from Baltimore, who asked
my husband if he knew of any one who had a good
riding-horse for sale; to which he replied, "My next
neighbor has one." After this they made arrange-
ments for Booth to come up to our hom^e that evening
to see about buying this horse. There was company
in the house and supper was just over, when my hus-
band came in and asked me to prepare for a stranger.
My husband came in with the stranger and made the
necessary introductions. The conversation was on
general topics. Nothing relative to the Administra-
tion or the war was spoken of by any one present.
After supper, Booth joined the visitors and remained
in general conversation until bedtime, which was
about 9.30 o'clock. I did not see Booth again until at
the breakfast table the next morning.
After breakfast the horses were ordered. Booth
tied his at the gate, and my husband threw the bridle
rein of his horse over his arm and walked along with
Booth across the field to Squire George Gardiner's.
Booth soon returned, came in and got his overcoat
which he had thrown over the back of a chair in the
parlor, said good-by, and rode away. The horse he
purchased was sent to him at Bryantown that even-
30 THE LIFE OP DK. SA3njEI> A. MUDD
ing. After he had gone I went to the parlor to put
things in order. Lying on the floor by the chair that
had held his overcoat was a letter, not enclosed in an
envelope, that had fallen from his pocket. I picked it
up and almost involuntarily glanced at the headlines.
These lines convinced me that some poor man's home
had been wrecked by the handsome face and wily ways
of Booth. The letter was from New York ; but I did
not look at the name of the writer, and I do not know
to this day who she was. I laid it on the table, hoping
to be able to find some means of returning it to him.
As he never returned, I subsequently threw it in the
fire.
About 4 A. M. on the isth of April, 1865, I heard a
rap on the door, and as my husband was not feeling
well he asked me if I would not go and see who it was.
I replied, "I would rather you would go and see for
yourself." He arose and went to the door in his night
clothes. I heard some one talking in the hall, and
footsteps as they passed into the parlor. My husband
returned and told me there was a man out there with
his leg broken. He asked me to tear some strips for
bandages. I did so. Afterward I heard my husband
and a third man assisting the injured man up-stairs.
The Doctor returned, and went to bed himself. At 6
o'clock I arose, called the servants to get breakfast,
and at 7 waked my husband. He sent a servant to
tell the man who called himself "Tyson" (and who
afterward proved to be Herold) to come to breakfast.
I then prepared breakfast for the sick man, put it on
a tray, and sent it to his room by a servant; told her
to place it on the table by his bed and come down.'
Tyson and my husband then came to the table, and
while at breakfast Tyson asked the Doctor if he knew
many persons in the lower part of the county near the
river. To which he replied in the negative. Tyson
THE lilFE OF DR. SAMtTBL A. MUDD 31
spoke of a good many families that he knew. The
Doctor knew some of the parties spoken of, others he
did not know. This led me to ask Tyson, "Are you a
resident of the county?" He replied, "No, ma'am, but
I have been frolicking around for five or six months."
He looked so boyish that I remarked, "All play and
no work makes jack a bad boy. Your father ought
to make you go to work." He answered me, "My
father is dead, and I am ahead of the old lady."
At this time he seemed not to have a care in the
world. Turning to my husband he asked the distance
to the river. The Doctor replied, "About eighteen or
twenty miles." Tyson then remarked, "We are on
our way to the river; which is the nearest road we
could take?" There was a road leading across the
Sakiah which my husband usually took in attending
to his practice, and as it was the shortest way, told him
of it. Afterward I saw the Doctor standing in the
back yard pointing across the swamp. Tyson then
came into the house and went up-stairs, I presume to
sleep. I heard no more from either of the strangers
till dinner. When the doctor returned to dinner
Tyson came down, and I sent the servant up to the
sick man's room with his dinner. The servant re-
turned and brought down the dinner and breakfast
dishes, and I found he had not eaten anything during
the day.
At dinner Tyson asked the Doctor if he thought he
could procure a carriage in the neighborhood to carry
his friend away. My husband replied, "I am going
to Bryantown to get the mail and see some sick, and if
you will ride along with me to the village, perhaps you
can get a carriage there." As they were leaving the
house I asked my husband if I could go up and see the
sick man. "Yes, certainly you can," he replied. As
he had taken nothing to eat during the day, I took up
32 THE liltE OP DR. SASfUEI; A. MUDD
to his room some cake, a couple of oranges, and some
wine on a tray. I placed the tray on the table by the
bed, asked him how he was feeling and if I could do
anything for him. His reply was, "My back hurts me
dreadfully. I must have hurt it when the horse fell
and broke my leg." I asked him if he would take the
cake and wine; he refused. He then wished to know if
the Doctor had any brandy. I told him no, but that
he had some good whiskey, and offered to get him
some, but he declined. I remarked, "I guess you
think I have very little hospitality ; you have been sick
all day and I have not been up to see you ;" and again
asked if I could do anything for him, to which he did
not reply — his face being all the time turned to the
wall. I then left the room.
I went down to the kitchen, where the servants were
preparing for the "Easter Sunday dinner." After a
short while Tyson rapped from the outside on the
kitchen window. I went to the front door, opened it,
and asked if he succeeded in procuring a carriage.
He replied, "No, ma'am; we stopped over at the
Doctor's father's and asked for his carriage, but to-
morrow being Easter Sunday, his family had to go to
church, and he could not spare it. I then rode
some distance down the road with the Doctor, and
then concluded to return and try the horses."
He went up-stairs. I heard them moving around
the room and in a short time they came down, the
man calling himself Tyler (who afterward proved to
be Booth) hobbling on a stick which our old gardener,
Mr. John Best, an Englishman, had sent up to him at
the request of Tyson. When they came down I was
standing in the hall at the foot of the stairs. Tyler
wore heavy whiskers; these proved to be false, and
became partially detached as he came down the stairs.
So much of his face as could be seen presented a
THE LIFE OF DR. SAMUEL A. MUDD 33
picture of agony. I told Tyson if he must go to do
so, but to please leave his friend here, we would take
care of him, although the discovery of the false
whiskers aroused my suspicions. Tyson's reply was,
"If he suffers much we won't go far. I will take him
to my lady-love's, not far from here." They passed
out of the door. Tyson helped Tyler to get on his
horse, then mounted his own horse and they rode
away. I did not see either of them after this.
About an hour afterward my husband returned and
told me of the assassination of the President, and that
there were soldiers in Bryantown looking for the
assassin. A short while after this he remarked,
"Frank, those men were suspicious characters. I will
go to Bryantown and tell the officers." I agreed with
him as to the suspicious character of the men, and told
him about the false whiskers, but begged him not to
go — I was afraid to remain in the house without him ;
and as the next day was Sunday, asked him to send
word to the soldiers from church, which he did. Dr.
George D. Mudd, of Bryantown, being the messenger.
He heard no further from them, and on Monday went
to see his sick patients. Tuesday he did the same
thing, going out in the morning and returning about
twelve o'clock. In the afternoon Dr. George Mudd
came to the house with some soldiers and asked a
description of the two men.
My husband, in my presence, gave them all the in-
formation he could. They then left and returned on
Friday, when there was another conversation in the
hall. My husband told them there was a boot, which
he had cut from the man's leg, found in the room
after he left, and went up-stairs to get it. The ser-
vant while cleaning the room had thrown it under the
bed. My husband did not find the boot, and I sent
3
34 THE IiIFB OF DR. SAMUEL A. MUDD
Martha, the housegirl, to get it for him. He brought
down the boot, and gave it to the officer in command,
who took it and examined it. On the inside was
written, "J. Wilkes ." One of them said, "A
part of the name has been effaced"; so I asked if I
could see it. The officer held it in his hand while I
looked at it. Then I remarked, "No, that is only a
dash, there was no other name there." When they
left they required my husband to go with them to
Bryantown. I do not know what happened at
Bryantown, but that night my husband came home,
and was requested to return the next morning, which
he did. Again he returned in the evening. The next
day, being Sunday, he went to church. On Monday
an officer with three soldiers came to our house.
They had two colored men from the farm of the
Doctor's father, who were riding two horses also
taken from his father's place.
Then they called for two hired hands on our farm,
made them get horses from the stable; one of them
saddled the Doctor's horse, and then they all left for
Washington. When the officer saw how grieved I
was (I am sorry I do not know his name, for he
showed some heart and feeling), he returned to the
house and said to me, "Do not grieve and fret that
way, I'll see that your husband soon returns to you" ;
but it was four long years before he saw his home.
About a week after his departure from home I re-
ceived the following brief note from him :
"Carroll Prison, April 29, 1865.
"My dearest Frank :
"I am very well. Hope you and the children are
enjoying a like blessing. Try and get some one to
plant our crop. It is very uncertain what time I shall
be released from here. Hire hands at the prices they
THE LIFE OP DR. SAMUEIj A. MUDD 35
demand. Urge them on all you can and make them
work.
"I am truly in Hopes my stay here will be short,
when I can return again to your fond embrace and
our little children."
A few days later a company of soldiers were
stationed on our farm. They burned the fences, de-
stroyed the wheat and tobacco crops; pulled the
boards off the corn-house, so that the corn fell out on
the ground, and all the corn that the horses could not
eat was trampled under their hoofs in such a way as
to render it unfit for use. The meat-house was
broken open and the meat taken out. All that they
could not eat was left scattered on the hillside where
they had pitched their camps. A day or so after
their arrival my husband's sister came over to see me.
She wanted some garden seeds, and asked me to go
down with her to the old gardener, Mr. John Best, to
get them for her. When we went out no soldiers were
in sight. We carried a basket, and the old man tied
up some seeds in packages, put them in the basket,
and then asked us to go to see his garden. A few
moments after we entered the garden we were sur-
i-ounded by soldiers. One officer came over and de-
manded to know what we had in the basket. The
little packages of seeds were unwrapped, the contents
examined. With a crest-fallen look he remarked, "I
thought you were carrying food to Booth."
A couple of days after this a negro regiment from
Popes Creek came up the Sakiah Swamp in search of
Booth. When they were opposite the house they
turned and entered the valley leading up the hill at
the back of the house. They passed around the house,
which was guarded by two young men, left by
William P. Wood, keeper of the old Capitol Prison in
36 THE UFE OF DR. SAMUEL A. MTJDD
Washington. These young men were instructed to
shoot any one who dared to enter the yard. The
negro regiment did not stop to search the house or its
surroundings. Mr. Wood and two other detectives
had their headquarters in the house, and went out
during the day in search of Booth, returning at night.
One night Mr. Wood did not return, and the officers
in command of the troops on the farm placed a guard
around the house and forbade any one leaving or
entering the house. I was alone with four little chil-
dren and a colored woman.
Some of the soldiers came around the house and
began talking impudently to the colored woman. I
called her in, locked the door, and drew down the
curtains, not knowing whether I would be dead or
alive the next morning. I lighted the lamp in the
dining-room, put the children lo bed, and with the
colored woman sat there till two o'clock in the morn-
ing. At this time I heard a rap at the door, and a
familiar voice call me. It was a cousin of mine,
Sylvester Mudd, who had risked his life by coming
within the lines, knowing I was alone. I could not
have been more glad to see an angel from heaven
than I was to see him. The next day the information
came that Booth and Her old had been captured. The
bugle was sounded, the roll called, and the soldiers
left on their march to Washington.
For a little while there was a lull in the storm. My
husband, previous to his trial, was placed in the old
Carroll Prison in Washington with the others, none
of whom he had ever seen before except Herold ; and
the only time he had ever seen him was when he came
to our house with Booth on the morning after the as-
sassination of the President.
I engaged General Ewing to defend my husband.
He was not only a lawyer of ability, but had distin-
THE LIFE OF DR. SAMUEL A. MCDD 37
guished himself for bravery in the Union army dur-
ing the war. In this case he proved himself not only
a lawyer of merit, but a true friend during my hus-
band's trial and imprisonment. Whenever he saw the
least shadow of hope, he would write me nice friendly
and cheering letters, which I sometimes think must
have kept me from despair.
During the trial, which commenced on May lo,
1865, the Doctor's friends and myself were shocked
and surprised at the base and false testimony permit-
ted to be given against him. Daniel Thomas, one of
the leading witnesses for the prosecution, was an out-
cast from his home. His brother swore he would not
believe him on his oath. Years afterward he was
arrested and convicted on the charge of the commis-
sion of pension frauds, and died in the penitentiary.
His reason for giving the false evidence was to secure
a part of the large reward offered by the Government
for the capture and conviction of Booth and those
thought to be his accomplices. Norton, Evans, a
number of the negroes, and several others, also swore
notoriously false.
With all this false testimony his life was spared, but
he was sentenced to a life imprisonment on a lonely,
dreary island in mid-ocean. Several times during the
trial I had occasion to go to Washington. On more
than one of these occasions, while I was at General
Ewing's office, I met Mrs. Browning, wife of Secre-
tary of Interior Browning, a member of President
Johnson's Cabinet. One day she told me that her
husband and herself took breakfast at a restaurant in
Washington, where General Lew Wallace, a member
of the Military Commission that condemned my hus-
band, also breakfasted. In the course of the conversa-
tion she had with General Wallace at the breakfast
table he remarked, "If Booth had not broken his leg.
38 THE lilFE OP DB. SAMUEL A. MUDD
we would never have heard the name of Dr. Mudd."
Mrs. Browning said to him, "Why don't you then send
Dr. Mudd home to his wife and children?" General
Wallace then replied, "The deed is done; somebody
must suffer for it, and he may as well suffer as any-
body else." In order to be perfectly fair, my daughter
wrote to Mrs. Wallace as to the correctness of this
statement, and received the following note in reply :
"Crawfordsville, Ind., September i8, 1905.
"Dear Miss Mudd :
"Mrs. Wallace says she has no remembrance of
hearing General Wallace say anything about Dr.
Mudd that was like the sentence you quote.
"Truly yours,
"H. WALI.ACE,
"Secretary."
A few days after my return from Washington, after
the date of this conversation with Mrs. Browning, I
saw an ambulance drive up to the house. Lieutenant
Baker and Daniel Thomas got out of it and came in.
Lieutenant Baker said, "Mrs. Mudd, we came to take
you to Washington. I presume you know Daniel
Thomas." I replied in the presence of both, "Knowing
Mr. Thomas as I do, and not knowing you, I must look
upon you as a gentleman ; and if I must go to Wash-
ington, it will be under your protection and not that
of Daniel Thomas." I then told Lieutenant Baker
that my brother, Jere Dyer, would visit my home,
from Baltimore, that evening, and that I would go to
Washington the next day with my brother if that
would be satisfactory. He replied, "I will trust you."
They then left.
That evening my brother came, and the next day
we took the stage for Washington, there being no
THE LIFE OF DR. SAJMUEL A. MUDD 39
railroad in this portion of the State at that time.
When the stage arrived at Capitol Hill, Washington,
I heard the clanking of swords, and an officer came up
to the stage and asked if Mrs. Mudd was there. My
brother answered, "Yes." The officer then called a
carriage, and my brother and myself were driven to
General Baker's office. In a few moments after our
arrival there, the General, who was a brother of the
lieutenant who came with Thomas to my home,
entered the room and spoke to both of us, then left, I
presume to consult with some one else. When he
returned he told me to go to a hotel and send the hotel
bill to him. I asked him if I could not go to the home
of my cousin, Mr. Alexander Clark. To which he
replied, "Yes, but return here to-morrow morning at
ten o'clock."
The next morning, at the hour mentioned, I went to
General Baker's office, and was not kept waiting many
minutes before he came in. I told him if there was
any information I could give him, please to let me get
through as soon as possible, as I had left four little
children at home, and no responsible person to take
care of them. Without asking me a question he re-
marked, "Mrs. Mudd, stay over till two o'clock, and
if I do not send for you, you can go home." No
messenger came, and my brother hired a carriage and
brought me home.
CHAPTER III
CONTINUATION OP MY MOTHIIr'S STATEMENT; ALSO
SWORN STATEMENT OE MY EATHER, DR. SAMUEl, A.
MUDD
I only saw my husband once after he was taken
from home, and that was after his trial. I went to
Washington, procured a pass from the War Depart-
ment, and went to the old Arsenal. This was the day
before the hanging of Mrs. Surratt, Herold, Atzerodt,
and Payne. The workmen were then building, in the
yard below, the scaffold on which they were to be
hung. General Dana sent a messenger up to the
second floor with me, and in a few moments my hus-
band was brought from a cell. He was in his shirt
sleeves and wore a pair of carpet slippers without
socks. He said one of the guards told him who was to
be hung, and what his sentence was. There were
several guards in the room where we were. I noticed
that his ankle was sore, and I asked if it was caused
by the chains he had to wear. He paused a few
moments, then answered, hesitatingly, as though
afraid to say otherwise, in presence of the guards,
"No." As I was leaving the Arsenal I met a poor
girl who was weeping bitterly, and was told it was
Anna Surratt, who had returned from the White
House, where she went to plead for the life of her
mother, but had been refused admittance to the Presi-
dent.
I came home, and only a few days later read in the
papers that Spangler, Arnold, O'Laughlin and my
husband were on their way to the Dry Tortugas. Two
days after this I received a letter from the Doctor,
Mrs. Samuel A. Mudd
FACING PAGE 4O
THE LIFE OF DR. SAMUEL A. MUDD 41
which was written on board the ship and mailed at
Charleston, where a short stop was made. In this let-
ter he asked me not to give up hope; to take care of
the little ones and at some future day he would be at
home with us. This seemed to give me courage, and
I began to work with renewed efforts to try to secure
his release.
About the 2d of August I went to Washington to
see Secretary of War Stanton, and asked him if I
could not send my husband money and clothes to make
him comfortable. He gazed at me in silence for a
few moments, then said, "As long as Dr. Mudd is in
prison the Government will furnish him with what it
thinks necessary for him to have, and he can have no
communication whatsoever with the outside world."
I turned my back and walked out, not even saying
good morning. In a short while I received the fol-
lowing letter from Secretary Stanton, written by E.
D. Townsend, Assistant Adjutant-General:
"War Department,
"Adjutant-General's Office,
"Washington, Sept. 30, 1865.
"Mrs. Dr. Mudd,
"Bryantown, Charles County, Md.
"Madam: Your application of the 2d of August
to know if you would be allowed to communicate with
your husband. Dr. Mudd, and if so by what means,
and whether you are at liberty to send to him clothing
and articles of comfort and money, from home, has
been considered by the Secretary of War.
"Dr. Mudd will be permitted to receive communica-
tions from you, if enclosed, unsealed, to the Adjutant-
General of the Army at Washington. The Govern-
ment provides suitable clothing and all necessary sub-
42 THE IJFB OF DR. SAMUEL A. MUDD
sistence in such cases, and neither clothing nor money
will be allowed to be furnished him.
"I am, Madam, very respectfully
"Your obedient servant,
"E. D. TOWNSEND,
"Assistant Adjutant General."
The following is a sworn statement written by my
husband while he was a prisoner in Fort Jefferson, and
which he was not permitted by the authorities to have
published. He sent it to me in a letter about the ist of
October, 1865. This statement was made to correct
erroneous statements, which had appeared in the pub-
lic press, allegedly quoting my husband.
August 28, 1865.
1st. That I confessed to having known Booth while
in my house; was afraid to give information of the
fact, fearing to endanger my life, or made use of any
language in that connection — I positively and em-
phatically declare to be notoriously false.
2d. That I was satisfied and willingly acquiesced in
the wisdom and decision of the Military Commission
who tried me, is again notoriously erroneous and false.
On the contrary I charged it (the Commission) with
irregularity, injustice, usurpation, and illegality. I
confess to being animated at the time but have no
recollection of having apologized.
3d. I did confess to a casual or accidental meeting
with Booth in front of one of the hotels on Pennsyl-
vania avenue, Washington, D. C, on the 23d of De-
cember, 1864, and not on the 15th of January, 1865,
as testified to by Weichman. Booth, on that occasion,
desired me to give him an introduction to Surratt,
from whom he said he wished to obtain a knowledge
of the country around Washington, in order to be able
THE LIFE OF DR. SAMUEL A. MUDD 43
to select a good locality for a country residence. He
had the number, street, and name of John Surratt,
written on a card, saying, to comply with his request
would not detain me over five minutes. (At the time
I was not aware that Surratt was a resident of Wash-
ington.) I declined at first, stating I was with a rela-
tive and friend from the country and was expecting
some friends over from Baltimore, who intended go-
ing down with me to spend Christmas, and was by
appointment expected to be at the Pennsylvania
House by a certain hour — eight o'clock. We started
down one street, and then up another, and had not
gone far before we met Surratt and Weichman.
Introductions took place, and we turned back in the
direction of the hotel. Arriving there, Booth insisted
on our going to his room and taking something to
drink with him, which I declined for reasons above
mentioned; but finding that Weichman and Surratt
were disposed to accept — I yielded, remarking, I could
not remain many minutes. After arriving in the room,
I took the first opportunity presented to apologize to
Surratt for having introduced to him Booth — a man I
knew so little concerning. This conversation took
place in the passage in front of the room and was not
over three minutes in duration. Whilst Surratt and
myself were in the hall, Booth and Weichihan were
sitting on the sofa in a corner of the room looking
over some Congressional documents. Surratt and
myself returned and resumed our former seats (after
taking drinks ordered), around a center table, which
stood midway the room and distant seven or eight
feet from Booth and Weichman. Booth remarked
that he had been down in the country a few days be-
fore, and said he had not yet recovered from the fa-
tigue. Afterward he said he had been down in Charles
County, and had made me an offer for the purchase
44 THE LIFE OP DR. SAMUEL A. MDI>»
of my land, which I confirmed by an affirmative an-
swer ; and he further remarked that on his way up he
lost his way and rode several miles off the track.
When he said this he left his seat and came over and
took a seat immediately by Surratt; taking from his
pocket an old letter, he began to draw lines, in order
to ascertain from Surratt the location and description
of the roads. I was a mere looker on. The conversa-
tion that took place could be distinctly heard to any
part of the room by any one paying attention. There
was nothing secret to my knowledge that took place,
with the exception of the conversation of Surratt and
myself, which I have before mentioned. I had no
secret conversation with Booth, nor with Booth and
Surratt together, as testified to by Weichman. I never
volunteered any statement of Booth having made me
an offer for the purchase of my land, but made an
affirmative response only to what Booth said in that
connection.
Booth's visit in November, 1864, to Charles County
was for the purpose, as expressed by himself, to pur-
chase land and horses; he was inquisitive concerning
the political sentiments of the people, inquiring about
the contraband trade that existed between the North
and South, and wished to be informed about the roads
bordering on the Potomac, which I declined doing.
He spoke of his being an actor and having two other
brothers, who also were actors. He spoke of Junius
Brutus as being a good Republican. He said they
were largely engaged in the oil business, and gave me
a lengthy description of the theory of oil and the
process of boring, etc. He said he had a younger
brother in California. These and many minor mat-
ters spoken of caused me to suspect him to be a Gov-
ernment detective and to advise Surratt regarding
him.
THE lilFE OF DR. SAMUEIi A. MXODD 45
We were together in Booth's room about fifteen
minutes, after which, at my invitation, they walked up
to the Pennsylvania House, where the conversation
that ensued between Weichman and myself as testified
to by him is in the main correct — only that he, of the
two, appeared the better Southern man, and under-
took to give me facts from his office to substantiate his
statements and opinions. This was but a short time
after the defeat of Hood in Tennessee. The papers
stated that over nine thousand prisoners had been
taken, and that the whole of Hood's army was de-
moralized and falling back, and there was every pros-
pect of his whole army being either captured or de-
stroyed. To this Weichman replied that only four
thousand prisoners had been ordered to be provided
for by the Commissary-General, and that he was far
from believing the defeat of Hood so disastrous. I
spoke with sincerity, and said it was a blow from
which the South never would be able to recover ; and
that the whole South then laid at the mercy of Sher-
man. Weichman seemed, whilst on the stand, to be
disposed to give what he believed a truthful statement.
I am in hopes the above will refresh his memory, and
he will do me the justice, though late, to correct his
erroneous testimony.
To recapitulate — ^I made use of no such statement
as reported by the "Washington Correspondent of the
New York Times," only in the sense and meaning as
testified to by Dr. George D. Mudd, and as either mis-
understood or misrepresented by Colonel Wells and
others before the Commission.
I never saw Mrs. Surratt in my life to my knowl-
edge previous to the assassination, and then only
through her veil. I never saw Arnold, O'Loughlin,
Atzerodt, Payne alias Powel, or Spangler — or ever
heard their names mentioned previous to the assassina-
46 THE LIFE OF DR. SAMUEL A. MXODD
tion of the President. I never saw or heard of Booth
after the 23d of December, 1864, until after the assas-
sination, and then he was in disguise. I did not know
Booth whilst in my house, nor did I know Herold;
neither of whom made himself known to me. And I
further declare they did not make known to me their
true destination before I left the house. They in-
quired the way to many places and desired particularly
to go to the Rev. Mr. Wilmer's.
I gave a full description of the two parties (whom
I represented as suspicious) to Lieutenant Lovett and
three other oiificers, on the Tuesday after the assassina-
tion. I gave a description of one horse — the other I
never took any notice of, and do not know to this day
the color or appearance. Neither Booth's nor Herold's
name was mentioned in connection with the assassina-
tion, nor was there any name mentioned on the Tues-
day after the assassination, nor was there any name
mentioned in connection with the assassination, nor
was there any photograph exhibited of any one impli-
cated in the infamous deed. I was merely called upon
to give a description of the men and horses and the
places they inquired. The evidence of the four detec-
tives — Lovett, Gavacan, Lloyd, and Williams — con-
flict (unintentionally) vitally on this point; they evi-
dently prove and disprove the fact as they have done
in every instance affecting my interest, or upon points
in which my welfare was at issue. Some swore that
the photograph of Booth was exhibited on Tuesday,
which was false. I do not advert to the false testi-
mony; it is evident to the reader, and bears the im-
press of foul play and persecution somewhere — it may
be owing to the thirst after the enormous reward of-
fered by the Government, or a false idea for notoriety.
Evans and Norton evidently swore falsely and per-
jured themselves. Daniel L Thomas was bought by
THE LIFE OF DR. SAMUEL A. MtJDD 47
the detectives — likewise the negroes who swore against
me. The court certainly must have seen that a great
deal of the testimony was false and incompetent — •
upon this I charge them with injustice, etc.
Reverend Evans and Norton — I never saw nor
heard their names in my life. I never knew, nor have
I any knowledge whatsoever, of John Surratt ever
visiting Richmond. I had not seen him previous to the
23d of December, 1864, for more than nine months.
He was no visitor to my house.
The detectives, Lovett, Gavacan, Lloyd, and Wil-
liams, having failed to search my house or to make any
inquiries whether the parties left anything behind on
the Tuesday after the assassination, I myself did not
think — consequently did not remind them. A day or
two after their leaving, the boot that was cut from the
injured man's leg by myself, was brought to our at-
tention, and I resolved on sending it to the military
authorities, but it escaped my memory and I was not
reminded of its presence until the Friday after the as-
sassination, when Lieutenant Lovett and the above
parties, with a squad of cavalry, came again and asked
for the razor the party shaved with. I was then re-
minded immediately of the boot and, without hesita-
tion, I told them of it and the circumstances. I had
never examined the inside of boot leg, consequently
knew nothing about a name which was there contained.
As soon as I handed the boot to Lieutenant Lovett,
they examined and discovered the name "J- Wilkes" ;
they then h'anded me his photograph, and asked
whether it bore any resemblance to the party, to which
I said I would not be able to recognize that as the man
(injured), but remarked that there was a resemblance
about the eyes and hair. Herold's likeness was also
handed me, and I could not see any resemblance, but
I had described the horse upon which he rode, which.
48 THE LIFE OF DR. SAMUEL, A. IMUDD
one of the detectives said, answered exactly to the one
taken from one of the stables in Washington.
From the above facts and circumstances I was en-
abled to form a judgment, which I expressed without
hesitation, and I said that I was convinced that the
injured man was Booth, the same man who visited my
house in November, 1864, and purchased a horse from
my neighbor, George Gardiner. I said this because I
thought my judgment in the matter was necessary to
secure pursuit promptly of the assassins
CHAPTER IV
ARGUMENT OS GENERAI, THOMAS EWING TO THE JUR-
ISDICTION, BEFORE THE MIEITARY COMMISSION,
WHICH TRIED DR. SAMUEE. A. MUDD ON THE CHARGE
OP CONSPIRACY To ASSASSINATE THE PRESIDENT AND
OTHER CHIEE OEFICERS OE THE NATION.
May it please the Court: The first great question
that meets us at the threshold is — Do you, gentlemen,
constitute a court, and have you jurisdiction, as a
court, of the persons accused, and the crimes with
which they are charged? If you have such jurisdic-
tion, it must have been conferred by the Constitution,
or some law consistent with it, and carrying out its
provisions.
I. The 5th article of the Constitution declares:
"That the judicial power of the United States shall be
vested in one Supreme Court, and in such inferior
coiirts as Congress may from time to time ordain and
establish" ; and that "the judges of both Supreme and
inferior courts shall hold their offices during good be-
havior."
Under this provision of the Constitution, none but
courts ordained or established by Congress can exer-
cise judicial power, and those courts must be com-
posed of judges who hold their offices during good be-
havior. They must be independent judges, free from
the influence of Executive power. Congress has not
"ordained and established" you a court, or authorized
you to call these parties before you and sit upon their
trial, and you are not "judges" who hold your offices
during good behavior. You are, therefore, no court
4
50 THE MFE OP DR. SAATDEI; A. MTJDD
under the Constitution, and have no jurisdiction in
these cases, unless you obtain it from some other
source, which overrules this constitutional provision.
The President cannot confer judicial power upon
you, for he has it not. The executive, not the judicial,
power of the United States is vested in him. His man-
date, no matter to what man or body of men addressed,
to try, and, if convicted, to sentence to death a citizen,
not of the naval or military forces of the United States,
carries with it no authority which could be pleaded in
justification of the sentence. It were no better than the
simple mandate to take A, B, C, D, E, F, and G H,
and put them to death.
2. The President, under the 5th amendment to the
Constitution, may constitute courts pursuant to the
Articles of War, but he cannot give them jurisdiction
over citizens. This article provides that "no person
shall be held to answer for a capital or otherwise in-
famous crime, unless on a presentment or indictment
of a grand jury, except in cases arising in the land or
naval forces, or in the militia when in actual service in
time of war or public danger.
The presentment or indictment of a grand jury is a
thing unknown to and inconsistent with your commis-
sion. You have nothing of the kind. Neither you nor
the law officers who control your proceedings seem to
have thought of any such thing. These defendants
did not and do not belong to the "land or naval forces"
of the United States — nor were they "militia, in time
of war or public danger, in actual service." The Con-
stitution, therefore, in the article above cited, expressly
says : You shall not hold them to answer to any of
the capital and infamous crimes with which they are
charged.
Is not a single, direct, constitutional prohibition, for-
bidding you to take jurisdiction in these cases, suffi-
THE LIFE OF DR. SAMtlEL A. MUDD 51
cient ? If it be not, read the provision of the 3d section
of the 3d article. It is as follows : "The trial of all
crimes, except in cases of impeachment, shall be by
jury."
But lest this should not be enough, in their anxious
care to provide against the abuses from which England
had recently escaped and which were still fresh in the
memories of men, — as the Star Chamber, the High
Commission Courts, and their attendant enormities, — ■
the framers of the Constitution further provided, in
the 6th amendment, that, "In all criminal prosecutions
the accused shall enjoy the right to a speedy and public
.trial by an impartial jury of the State and district
wherein the crime shall have been committed."
Now whence, and what, is the authority which over-
rules these distinct constitutional prohibitions, and em-
powers you to hold these citizens to answer, despite the
mandates of the Constitution forbidding you ?
Congress has not attempted to grant to you the
power; Congress could not grant it. A law to that
effect, against the constitutional prohibition, would be
merely void. Congress has authorized the suspension
of the writ of habeas corpus, as the Constitution per-
mits (Art. I, Sec. 99) ; but the Constitution does not
thereby permit the military to try, nor has Congress
attempted to deliver over to the military, for trial,
judgment and execution, American citizens, not in the
land or naval forces, or in the militia in actual service,
zvhen accused of crime. Congress and the President,
the lawmaking power, were incompetent to do this,
and have not attempted it. Whence, then, comes the
dispensation with the constitutional prohibition?
Where and whence is the affirmative grant of jurisdic-
tion under which you propose to try, and, if convicted,
pass sentence upon, these men, citizens of the United
States — not soldiers, not militiamen, but citizens, en-
52 THE LIFE OF DR. SAMUEL A. MUDD
gaged in the ordinary avocations of life ? I am not per-
mitted to know. Congress has not in any form at-
tempted to violate or impair the Constitution. They
have suspended the writ of habeas corpus; this goes to
imprisonment — not trial, conviction, or punishment.
This is the extreme limit to which the lawmaking
power is permitted to go, and it is only in cases of
strong necessity that this is permitted. Congress has
repealed so much of the I02d section of the Act of
September 24, 1789, as required that in all capital cases
twelve petit jurors should be summoned from the
county in which the offense was committed ( Par. 22 1 ,
Sec. 102, repealed July 16, 1862, page 1164, Sec. 22),
but has preserved all other legal provisions made
in aid of the Constitution to protect citizens
from the oppression of the unregulated and unre-
strained Executive power. The accused shall be
tried upon an indictment or presentment of a grand
jury. If two or more crimes of a Hke nature be
charged, they must be set forth in separate counts.
(Act of February 26, 1853, Sec. 117.) You may not
compel an accused to answer to a loose story or accusa-
tion of several crimes in one count. If the crime
charged be treason, which this paper approaches more
nearly than anything else, the accused shall have a
copy of the indictment, and a list of the jury, and of
all the witnesses to be produced on the trial for prov-
ing the said indictment (mentioning the names and
places of abode of such witnesses and jurors), deliv-
ered unto him at least three entire days before he shall
be tried for the same; and in other capital offenses
shall have such copy of indictment and list of the jury
two entire days at least before the trial. (Act of April
30, 1790, Sec. 24, p. 221.)
Against this array of constitutional and legal pro-
hibition and regulation, I know of nothing that can be
THE LIFE OP DR. SAMUEIi A. MUDD 53
adduced, except, perhaps, an Executive order author-
izing, by direct mandate or by implication, the thing
to be done which the Constitution forbids you to do.
If you be proceeding in obedience to such Executive
mandate, and if that give jurisdiction, still you pro-
ceed in a form and manner which the Constitution and
law expressly forbid. If my clients be charged with
treason or murder (and I conjecture they are charged
with murder at least), they must be proved to have
been present, aiding in, or actually committing the
overt act, or the alleged murder. For either of these
the punishment or conviction is death. The Judge-
Advocate has been unable, in the cases of Arnold and
Mudd, to present any evidence remotely approaching
that prescribed by the Constitution and the laws as
the condition of conviction ; and yet I am led to infer
that he will claim a conviction of one or both of them
on the proof presented. Wliat is the profession, on this
and on the other side of the Atlantic, to think of such
administration of criminal jurisprudence? — for this,
the first of our State trials, will be read with avidity
everywhere. I ask the officers of the Government to
think of this carefully now, lest two or three years
hence they may not like to hear it named.
But we may mistake the whole case as it presents
itself to the mind of the Judge-Advocate. We are
here as counsel for the accused, but are not allowed to
know explicitly with what crime, defined by law, any
one of them is charged, or what we are here to defend.
No crime known to the law is legally charged in the
paper which is here substituted for an indictment. In
this paper three distinct crimes are strongly hinted at
in a single charge, to each of which different rules of
law and evidence are applicable and different penalties
are attached; and I had wished to know, so that I
might shape the defense of my clients accordingly, for
54 THE lilPE OP DB. SAMUEL A. MUDD
which alleged or intimated crime any one, or each or
all of them, are to be tried. This information has been
denied us. The Judge-Advocate puts these parties on
trial, and refuses (in the most courteous terms)
to advise their counsel on what law or authority he
rests his claim to jurisdiction; of what crime he in-
tends to convict each or any of the defendants; in
what law the crimes are defined and their punishments
prescribed; or on what proof, out of the wild jumble
of testimony, he intends to rest his claim to convic-
tions.
But it has been said, and will perhaps be said again,
in support of this jurisdiction, that the necessities of
war justify it — and silent leges inter arma. So said
the Roman orator when Rome had become a military
despotism, and ceased forever to have liberty, and
when she retained law only as the gift or by the per-
mission of the ruling despot. "The law is silent amid
arms." Yes, it is so in a conquered country, when the
victorious general chooses to put the law to silence;
for he is an autocrat, and may, if he choose, be a des-
pot. But how extravagant is the pretense that a bold,
and spirited, and patriotic people, because they rise in
their majesty and send forth conquering armies to
rescue the Republic, thereby forfeit all constitutional
and legal protection of life, liberty, and property!
Cases have often arisen, in which robber bands,
whose vocation is piracy on the high seas, or promiscu-
ous robbery and murder on land — hostes humani gen-
eris — may be lawfully put to the sword without quar-
ter, in battle, or hung on the yard-arm, or otherwise
put to death, when captured, according to the necessi-
ties of the case, without trial or other conviction, ex-
cept the knowledge of the commanding general that
they were taken flagrante hello, and that they are
pirates or land robbers. A military court may be
THE LIFE OF DR. SAMUEL A. MUDD B5
called, but it is advisory merely ; the general acts, con-
demns, and executes. But the Constitution of the
United States has nothing to do with this. It does not
protect pirates or marauders, who are enemies of the
human race ; or spies, or even enemies taken in battle.
It protects, not belligerent enemies, but only citizens
and those persons not citizens who in civil life seek and
claim its protection, or aliens who are engaged in its
military or other service. The power of the command-
ing general over these classes is restrained only by the
usages of war among civilized nations. But these de-
fendants are not charged as spies or pirates, or armed
and organized marauders, or enemies captured in war,
or persons in the land or naval service of the United
States. They belong to none of these classes, over
whom military discretion or martial law extends, un-
less they extend over and embrace all the people of
the United States.
But if the jurisdiction in this case exists, whether by
law or by the power of arms, I regret that a military
commission should be charged with the trial of these
causes. The crimes are, as far as hinted at and writ-
ten about in the charge and specifications, all cogniza-
ble in our civil courts. Those courts are open, unob-
structed, without a single impediment to the full and
perfect administration of justice — -ready and prompt,
as they always are, to perform the high duties which
the well-known principles of law under the Consti-
tution devolve on them. What good reason can be
given in a case like this, to a people jealous of their
rights, for a resort here and now to military trials and
military executions? We are at the advent of a new,
and I trust a successful, Administration. A taint such
as this — namely, the needless violation of the constitu-
tional rights of the citizen — ought not to be permitted
to attach to and infect it. The jurisdiction of this
56 THE liIPE OF DR. SAMUEL A. MTDD
Commission has to be sought dehors the Constitution,
and against its express prohibition. It is, therefore,
at least of doubtful validity. If that jurisdiction does
not exist; if the doubt be resolved against it by our
judicial tribunals when the law shall again speak, the
form of trial by this unauthorized Commission cannot
be pleaded in justification of the seizure of property or
the arrest of person, much less the infliction of the
death penalty. In that event, however fully the recorded
evidence may sustain your findings, however moderate
may seem your sentences, however favorable to the
accused your rulings on the evidence, your sentence
will be held in law no better than the rulings of Judge
Lynch's courts in the administration of lynch law.
When the party now in power falls, — as in the vicissi-
tudes of this it must one day fall, and all the sooner
for a reckless use of its present power, — so it will be
viewed by that party which succeeds it. This is to be
expected, and, indeed, hoped; but if, unfortunately,
this proceeding be then accepted and recorded as a
precedent, we may have fastened on us a military
despotism. If we concede that the exercise of juris-
diction claimed is now necessary, and for the best pos-
sible object, before we consent that it stand as a prece-
dent in our jurisprudence, we should recall to mind the
statesmanlike and almost prophetic remarks of Julius
Caesar, in the Roman Senate, on the trial of Laitulus
and his accomplices in Catiline's conspiracy: "Abuses
often grow from precedents good in principle; hut
when the power falls into the hands of men less en-
lightened or less honest, a just and reasonable prece-
dent receives an application contrary to justice and
reason." It is to be remembered that criminal trials
involving capital punishment were not then within the
competency of the Roman Senate; and neither the
Consul nor the Senate, nor both of them, had the right
THE LIFE OF DR. SAMUEL A. MtIDD B7
to condemn a Roman citizen without the concurrence
of the people.
If you believe you possess the power of life and
death over the citizens of the United States in States
where the regular tribunals can be safely appealed to,
still, for the sake of our common country and its cher-
ished institutions, do not press that power too far.
Our judicial tribunals, at some future day, I have no
doubt, will be again in the full exercise of their consti-
tutional powers, and may think, as a large proportion
of the legal profession now think, that your jurisdic-
tion in these cases is an unwarranted assumption;
and they may treat the judgment which you pronounce
and the sentence you cause to be executed as your own
unauthorized acts.
This assumption of jurisdiction, or this use of a
legitimate jurisdiction, not created by law and not
known to law or to legal men, has not for its sanction
even the plea of necessity. It may be convenient. Con-
viction may be easier and more certain in this military
commission than in our constitutional courts.
Inexperienced as most of you are in judicial investi-
gations, you can admit evidence which the courts
would reject, and reject what they would admit, and
you may convict and sentence on evidence which those
courts would hold to be wholly insufficient. Means,
too, may be resorted to by detectives, acting under
promise or hope of reward, and operating on the fears
or the cupidity of witnesses, to obtain and introduce
evidence which cannot be detected and exposed in this
military trial, but could be readily in the free, but
guarded, course of investigation before our regular
judicial tribunals. The Judge- Advocate, with whom
chiefly rests the fate of these citizens, is learned in the
law, but from his position he cannot be an impartial
judge, unless he be more than man. He is the prose-
CHAPTER V
ARGUMENT OF GENERAL EWING ON THE EAW AND THE
EVIDENCE IN THE CASE OE DR. SAMUEE- A. MUDD
May it please the Court: If it be determined to take
jurisdiction here it then becomes a question vitally im-
portant to some of these parties — a question of Hfe and
deatli — whether you will punish only offenses created
and declared by law, or whether you will make and
declare the past acts of the accused to be crimes, which
acts the law never heretofore declared criminal; at-
tach to them the penalty of death, or such penalty as
may seem meet to you ; adapt the eviderice to the crime
and the crime to the evidence, and thus convict and
punish. This, I greatly fear, may be the purpose, es-
pecially since the Judge- Advocate said, in reply to my
inquiries, that he would expect to convict "under the
common law of war." This is a term unknown to our
language — a quiddity — wholly undefined and incapa-
ble of definition. It is, in short, just what the Judge-
Advocate chooses to make of it. It may create a ficti-
tious crime, and attach to it arbitrary and extreme pun-
ishment, and who shall gainsay it ? The laws of war — ■
namely, our Articles of War — and the habitual prac-
tice and mode of proceeding under them, are familiar
to us all ; but I know nothing, and never heard or read
of a common law of war, as a code or system under
which military courts or commissions in this country
can take and exercise jurisdiction not given them by
express legal enactment or constitutional grant. But
I still hope the law is to govern, and if it does, I feel
that my clients are still safe.
I will now proceed to show you, that on the part of
Geineral Thomas Ewjisg
FACING PAGE 6o
THE lilFE OF DB. SAMUEIi A. MOBD 61
one of my clients — ^Dr. Mudd — ^no crime known to the
law, and for which it is pretended to prosecute, can
possibly have been committed. Though not distinctly
informed as to the ofifense for which the Judge-Advo-
cate claims conviction, I am safe in saying, that the
testimony does not point to treason, and if he is being
tried for treason, the proceedings for that crime are
widely departed from. The prosecution appears to
have been instituted and conducted under the procla-
mation of the Secretary of War, of April 20, 1865.
This makes it a crime, punishable with death, to har-
bor or screen Booth, Atzerodt, or Herold, or to aid or
to assist them to escape. It makes it a crime to do a
particular act, and punishes that crime with death. I
suppose we must take this proclamation as law. Per-
haps it is part of what the Judge-Advocate means
when he speaks of the "common law of war." If this
be so, my clients are still safe, if we be allowed to con-
strue it as laws are construed by courts of justice.
But I will show, first, that Dr. Mudd is not, and can-
not possibly be, guilty of any offense known to the law.
I. Not of treason. — The overt act attempted to be
alleged is the murder of the President. The proof is
conclusive, that at the time the tragedy was enacted
Dr. Mudd was at his residence in the country, thirty
miles from the place of the crime. Those who com-
mitted it are shown to have acted for themselves, not
as the instruments of Dr. Mudd. He, therefore, can-
not be charged, according to law and upon the evi-
dence, with the commission of this overt act. There
are not two witnesses to prove that he did commit it,
but abundant evidence to show negatively that he did
not.
Chief Justice Marshall, in delivering an opinion of
the Court in Burr's case, says : "Those only who per-
form a part, and who are leagued in the conspiracy,
62 THE LIFE OF DB. SAMUEL A. MUDD
are declared to be traitors. To complete the definition
both circumstances must concur. They must "perform
a part" which will furnish the overt act, and they must
be leagued with the conspiracy." (4 Cr., 474.)
Now, as to Dr. Mudd, there is no particle of evi-
dence tending to show that he was ever leagued with
traitors in their treason ; that he had ever, by himself,
or by adhering to, and in connection with others, levied
war against the United States. It is contended that
he joined in compassing the death of the President
("the King's death"). Foster, p. 149, speaking of the
treason of compassing the king's death, says : "From
what has been said it followeth, that in every indict-
ment for this species of treason, and indeed for levying
war and adhering to the king's enemies, an overt act
must be alleged and proved."
The only overt act laid in these charges against
Mudd is the act of assassination, at which it is claimed
he was constructively present and participating. His
presence, and participation, or procurement, must be
proved by two witnesses, if the charge be treason ; and
such presence, participation, or procurement, be the
overt act.
Chief Justice Marshall, in Burr's case (Dall., 500),
says : "Collateral points, say the books, may be
proved according to the course of the common law;
but is this a collateral point? Is the fact, without
which the accused does not participate in the guilt of
the assemblage, if they were guilty (or in any way in
the guilty act of others), a collateral point? This can-
not be. The presence of the party, when presence is
necessary, being part of the overt act, must be posi-
tively proved by two witnesses. No presumptive evi-
dence, no facts from which presence may be conjec-
tured or inferred, will satisfy the Constitution and the
law. If procurement take the place of presence, and
THE LIFE OF DB. SAMUEL A. MUDD 63
become part of the overt act, then no presumptive evi-
dence, no facts from which the procurement may be
conjectured or inferred, can satisfy the Constitution
and the law. The mind is not to be led to the conclu-
sion that the individual was present by a train of con-
jectures or inferences, or of reasoning. The fact itself
must be proved by two witnesses, and must have been
committed within the district."
2. Not of murder. — For the law is clear, that, in
cases of treason, presence at the commission of the
overt act is governed by the same principle as construc-
tive presence in ordinary felonies, and has no other
latitude, greater or less, except that in proof of treason
two witnesses are necessary to the overt act, and one
only in murder and other felonies. "A person is not
constructively present at an overt act of treason, un-
less he be aiding and abetting at the fact, or ready to
do so, if necessary." (4 Cr., 492.) Persons not suf-
ficiently near to give assistance are not principals. And
although an act be committed in pursuance of a pre-
vious concerted plan^ those who are not present, or so
near as to be able to afford aid and assistance, at the
time when the offense is committed, are not principals,
but accessories before the fact. (Wharton, Am. Crim.
Law, 112 to 127.)
It is, therefore, perfectly clear, upon the law as en-
acted by the Legislature and expounded by jurists,
that Dr. Mudd is not guilty of participating in the
murder of the President ; that he was not actually or
constructively present when the horrid deed was done,
either as a traitor, chargeable with it as an overt act,
or a conspirator, connected as a principal felon there-
with.
3. The only other crimes defined by law for the al-
leged commission, of which the Judge-Advocate may,
by possibility, claim the conviction of the accused, are :
64 THE LIFE OF DR. SAMUEL A. MUDD
1st. The crime of treasonable conspiracy, which is de-
fined by the law of 21st July, 1861, and made punish-
able by fine not exceeding $6,000, and imprisonment
not exceeding six years. 2nd. The crime of being an
accessory before, or after, the fact to the crimes of
murder, and of assault with intent to kill. That the
accused is not guilty of either of these crimes, will be
clearly shown in the discussion of the evidence which
follows.
4. Admitting the Secretary's proclamation to the
law, it, of course, either supersedes or defines the un-
known something or nothing which the Judge-Advo-
cate calls "the common law of war." If so, it is a defi-
nite, existing thing, and I can defend my clients
against it ; and it is easy to show that Dr. Mudd is not
guilty of violating that proclamation. He did not,
after the date of the proclamation, see either of the
parties named therein — dress the wound of Booth, or
point out the way to Herold — and the proclamation
relates to future acts, not to past.
5. But of the common law of war, as distinct from
the usages of military courts, in carrying out and exe-
cuting, the Articles of War, I know nothing, and, on
examining the books, I find nothing. All that is writ-
ten down in books of law or authority I am, or ought
to be, prepared to meet; but it were idle and vain to
search for and combat a mere phantom of the imagina-
tion, without form and void.
I now pass to the consideration of the evidence,
which I think will fully satisfy the Court that Dr.
Mudd is not guilty of treasonable conspiracy, or of be-
ing an accomplice, before or after the fact in the felo-
nies committed.
The accused has been a practicing physician, resid-
ing five miles north of Bryantown, in Charles County,
Maryland, on a farm of about five hundred acres,
THE LIFE OF DB. SAMUEL A. IUCDD 65
given him by his father. His house is between twenty-
seven and thirty miles from Washington, and four or
five miles east of the road from Washington to Bryan-
town. It is shown by Dr. George Mudd, John L. Tur-
ner, John Waters, Joseph Waters, Thomas Davis,
John McPherson, Lewellyn Gardiner, and other gen-
tlemen of unimpeached and unquestionable loyalty,
who are in full sympathy with the Government, that
he is a man of most exemplary character — ^peaceable,
kind, upright, and obedient to the laws. His family
being slaveholders, he did not like the anti-slavery
measures of the Government, but was always respectful
and temperate in discussing them, freely took the oath
of allegiance prescribed for voters (Dr. George
Mudd), supported a Union candidate against Harris,
the secession candidate, for Congress (T. L,. Gardi-
ner), and for more than a year past regarded the re-
bellion a failure. (Dr. George Mudd.) He was never
known or reported to have done an act or said a word
in aid of the rebellion, or in countenance or support of
the enemies of the Government.
An effort was made, over all objections and in viola-
tion, I respectfully submit, of the plainest rules of evi-
dence, to blacken his character as a citizen, by showing
that he was wont, after the war broke out, to threaten
his slaves to send them to Richmond "to build batter-
ies." But it will be seen hereafter, that all that part of
the testimony of the same witnesses, which related to
the presence of Surratt and of rebel officers at the
house of the accused, was utterly false. And Dyer, in
presence of whom Eglen says the threat was made to
him, swears he was not in the country then, and no
such threat was ever made in his presence. The other
colored servants of the accused, Charles and Julia
Bloyce, and Betty and Frank Washington, say they
5
66 THE LIFE OF DB. SAMUEIi A. MTJDD
never heard of such threats having been made; and J.
T. Mudd and Dr. George Mudd, and his colored ser-
vants,. Charles and Julia Bloyce, and Betty and Frank
Washington, describe him as being remarkably easy,
unexacting, and kind to all about him — slaves and
freemen.
From this brief reference to the evidence of the char-
acter of the accused, I pass to a consideration of the
testimony adduced to prove his connection with the
conspiracy.
And, first, as to his acquaintance with Booth. J. C.
Thompson says, that early in November last Booth
went to the house of witness's father-in-law, Dr. Wil-
liam Queen, four or five miles south of Bryantown,
and eight or ten from Dr. Mudd's, and presented a
letter of introduction from a Mr. Martin, of Montreal,
who said he wanted to see the country. It does not
appear who Martin was. Booth said his business was
to invest in land and to buy horses. He went with Dr.
Queen's family to a church next day, in the neighbor-
hood of Bryantown, and was there casually introduced,
before service, by Thompson, to the accused. After
service Booth returned to Queen's house, and stayed
until next morning, when he left. While at Queen's
he made inquiries of Thompson as to horses for sale,
the price of lands, their qualities, the roads to Wash-
ington, and to the landings on the Potomac; and
Thompson told him that the father of Dr. Samuel
Mudd was a large landholder, and might sell part of
his land. On Monday morning, after leaving Dr.
Queen's, Booth came by the house of the accused, who
went with him to the house of George Gardiner, to
look at some horses for sale. The accused lives about
one quarter of a mile from Gardiner's (Mary Mudd,
Thomas L,. Gardiner), and on the most direct road to
that place from Dr. Queen's, through Bryantown.
THE lilFE OP DR. SAMUEL A. MUDD 67
(Mary Mudd, Hardy.) There Booth bought the one-
eyed saddle-horse which he kept here, and which Payne
rode after the attempted assassination of Mr. Seward.
Mudd manifested no interest in the purchase, but after
it was made Booth directed the horse to be sent to
Montgomery's Hotel, in Bryantown, and Booth and
the accused rode off together in the direction of the
house of the accused, which was also the direction of
Bryantown. Witness took the horse to Bryantown
next morning, and delivered him in person to Booth
there. Witness says the horse was bought on Mon-
day ^ but he thinks the latter part of November ; though
he says he is " one of the worst hands in the world to
keep dates."
Thompson further says, that after Booth's first in-
troduction and visit to Dr. Queen's, " he came there
again, and stayed all night, and left very early next
morning. I think it was about the middle of Decem-
ber following his first visit there."
There is nothing whatever to show that Mudd saw
Booth on this second visit, or at any other time, in the
country, prior to the assassination ; but a great deal of
evidence that he never was at Mudd's house, or in his
immediate neighborhood, prior to the assassination,
except once, and on his first visit. I will refer to the
several items of testimony on this point.
1st. Thomas L. Gardiner says he was back and forth
at Mudd's house, sometimes every day, and always two
or three times a week, and never heard of Booth being
there, or in the neighborhood, after the purchase of
the horse and before the assassination.
2d. Mary Mudd says she saw Booth one Sunday in
November at church, in Dr. Queen's pew, and with
his family, and that she heard of his being at the house
of her brother, the accused, on that visit, but did not
hear that he stayed all night; and that on the
68 THE LIFE OF DR. SAMUEL A. MTJDD
same visit he bought the horse of Gardiner. She lives
at her father's, on the farm adjoining that of accused,
and was at his house two or three times a week, and
saw him nearly every day on his visits to his mother,
who was an invalid, and whose attending physician he
was ; and never saw or heard of Booth, except on that
one occasion, before the assassination.
3d. Fanny Mudd, sister of the accused, living with
her father, testifies to the same effect.
4th. Charles Bloyce was at the house of the accused
Saturday and Sunday of each week of last year until
Christmas Eve (except six weeks in April and May),
and never saw or heard of Booth's being there.
5th. Betty Washington (colored) lived there from
Monday after Christmas until now, and never saw or
heard of Booth there before the assassination.
6th. Thomas Davis lived there from 9th January
last. Same as above. Nor is there any evidence what-
ever of Booth's having stayed all night with the ac-
cused on the visit when the horse was bought of Gar-
diner, or at any other time, except that of Colonel
Wells, who says that, after Mudd's arrest, "he said, in
answer to another question, that he met Booth some
time in November. I think he said he was introduced
by Mr. Thompson, a son-in-law of Dr. Queen, to
Booth. I think he said the introduction took place at
the chapel or church on Sunday morning; that, after
the introduction had passed between them, Thompson
said. Booth wants to buy farming lands ; and they had
some little conversation on the subject of lands ; and
then Booth asked the question, whether there were
any desirable horses that could be bought in that neigh-
borhood cheaply; that he mentioned the name of a
neighbor of his who had some horses that were good
travelers ; and that he remained zvith him that night,
I think, and next morning purchased one of those
THE LIFE OF DR. SAMUEL A. MDBD 69
horses." Now, it will be recollected that Thompson
says Booth stayed at Dr. Queen's on that visit Satur-
day night and Sunday night, and Thomas Iv. Gardiner
says the horse was bought Monday morning. So that,
if Colonel Wells is correct in recollecting what Mudd
said, then Thompson must be wrong. It is more prob-
able that Thompson is right, as to Booth's having
spent Sunday night at Queen's. Thompson's testi-
mony is strengthened, too, by that of Mary Mudd,
Fanny Mudd, and Charles Bloyce, who would in all
probability, have heard the fact of Booth spending
Sunday night at the house of the accused, had he done
so ; but they did not hear it.*
It is here to be observed, that though the accused
was not permitted to show, by Booth's declarations
here, that he was contemplating and negotiating pur-
chases of land in Charles County, yet evidence was ad-
mitted as to his declarations made there to that effect.
Dr. Bowman, of Bryantown, says that Booth nego-
tiated with him, on one of these visits, for the purchase
of his farm, and also talked of buying horses. And a
few days after witness had negotiated with Booth for
the sale of his farm, he met Dr. Mudd, and spoke of
the negotiation with Booth, and Mudd said, "Why,
that fellow promised to buy my land." It is also shown
by Dr. Blandford, Dr. Bowman, M. P. Gardiner, and
Dyer, that Mudd for a year past wanted to sell his
land, and quit farming.
This, then, is all that is shown of any meeting be-
tween Mudd and Booth in that country before the as-
sassination — a casual introduction at church on Sun-
day in November — Booth going next morning to
Mudd's, talking of buying his farm, and riding with
him a quarter of a mile to a neighbor's to buy a horse,
*As shown by the statement of my mother, Booth did stay one
night at my father's home in November, 1864. — Eo.
70 THE lilFE OP DR. SAMUEL A. MUDD
and their going off together toward Mudd's and Bry-
antown, where the horse was delivered to Booth next
morning.
We will now turn to consider the evidence as to the
accused's acquaintance with John H. Snrratt. If he
knew Surratt at all^ the fact is not shown by, nor in-
ferable from, the evidence. Miss Surratt was edu-
cated at Bryantown, before the war, and her family
lived at Surrattsville, and kept the hotel there (which
is on the road from Dr. Mudd's house to Washing-
ton) until they removed, in October last, to a house
on H street, in this city, where they have since resided.
(Miss Surratt, Holahan, Weichmann.) Dr. Mudd
probably had met Surratt at the hotel at Surrattsville,
or, before the war, at Bryantown, while his sister was
at school; but it is not shown by credible testimony
that he knew him at all. Let us examine the evidence
on this point.
1st. Mary Sims, formerly Dr. Mudd's slave, says
that a man whom Dr. and Mrs. Mudd called Surratt
was at Mudd's house from almost every Saturday
night until Monday night through the latter part of
the zvinter, and through the spring and summer of last
year until apples and peaches were ripe, when she saw
him no more; and that on the last of November she
left Dr. Mudd's house. That he never slept in the
house, but took dinner there six or seven times. That
Andrew Gwynn, Bennett Gzvynn, Captain Perry,
Lieutenant Perry and Captain White, of Tennessee,
slept with Surratt in the pines near the spring, on bed-
clothes furnished from Dr. Mudd's house, and that
they were supplied by witness and by Dr. Mudd with
victuals from the house. That William Mudd, a
neighbor, and Rachel Spencer,' and Albin Brooke,
members of Mudd's household, used to see Surratt
there then. She says that the lieutenants and officers
THE MFE OF DR. SAMDEL A. MCDD 71
had epaulettes on their shoulders, gray breeches with
yellow stripes, coat of same color and trimming.
Their horses were kept in Dr. Mudd's stable by Milo
Sims.
2d. Milo Sims, brother of Mary, fourteen years old,
formerly slave of Dr. Mudd, left there Friday before
last Christmas. Saw two or three men there last sum-
mer, who slept at the spring near Dr. Mudd's house.
Bedding taken from the house; meals carried by
Mary Sims, generally, though they sometimes ate in
the house, and they all slept at the spring, except one
called John Surratt, who slept once in the house.
Don't say how long they stayed. It was in "planting
tobacco time." He attended their horses in Dr.
Mudd's stable.
3d. Rachel Spencer, slave of Dr. Mudd and cook at
his house, left him early in January, 1865 ; saw five
or six men around Dr. Mudd's house last summer;
slept in the pines near the house, and were furnished
with meals from it. Were dressed in black and blue.
Were there only a week, and never saw them there
before or since. She heard no names of the men ex-
cept Andrew Gwynn and Watt Bowie. That Albin
Brooke lived at Dr. Mudd's then, and was with these
men occasionally.
4th. Elzee Eglen, formerly Dr. Mudd's slave, left
him 20th August, 1863 ; saw a party sleeping in the
pines, by the spring, near the house, summer before
last. Knew Andrew Gwynn, and he was one of them ;
did not recollect any other names. Mary Sims car-
ried them meals, and Milo Sims attended the horses in
Dr. Mudd's stable. Some wore gray clothes with
brass buttons, but without other marks — some black
clothes. Did not say how many there were, nor how
long they stayed.
5th. Melvina Washington, formerly Dr. Mudd's
72 THE LIFE OF DB. SAMOEIi A. MTDDD
slave, left him October, 1863, saw party sleeping in
the pines near the house summer before last; victuals
furnished from the house. Party stayed there about
a week, and then left. Some were dressed in gray,
and some in short jackets with little peaks behind, with
black buttons. She saw them seven or eight times
during one week, and then they all left, and she never
saw any of thein at any other time except during that
week. That Andrew Gwynn's name was the only one
she heard ; that Mary Sims used to tell her, when the
men were there, the names of others, but she had for-
gotten them.
That these five witnesses all refer to the same party
of men and the same year is certain, from the fact
that Elzee Eglen says that Mary Sims carried the
party he describes as being there in the summer of
1863 their victuals, and that Milo Sims kept their
horses in the stable, and Melvina Washington says
Mary Sims used to tell her the names of the party
which she described as being there in 1863; and also
from the fact that all of them, except Milo Sims,
named Andrew Gwynn as being one of the party. I
will not waste the time of the Court in pointing out to
it in detail the discrepancies in their evidence apparent
from the foregoing synopsis of their testimony; and
therefore, only calling its attention to the fact that all
of these witnesses were living with Dr. Mudd during
and after the year 1861 (Dyer), down to the several
dates given above, when they respectively left, I will
proceed to show from the evidence what and when
the occurrences really were about which they have
testified.
1st. Ben Gwynn (named by Mary Sims as one of
the party) says :
"Q. Will you state whether during last summer, in
THE LIFE OF DB. SAMUEL A. MUDD 73
company with Captain White, from Tennessee, Cap-
tain Perry, Lieutenant Perry, Andrew Gywnn, and
George Gwynn, or either of them, you were about Dr.
Samuel A. Mudd's house for several days ? — A. I was
not. I do not know any of the parties named, and I
never heard of them, except Andrew Gwynn and
George Gwynn.
"Q. Were you with your brothers, Andrew Gwynn
and George Gwynn, about Dr. Mudd's house last
year? — A. No, sir; I have not been in Dr. Mudd's
house since about the first of November, 1861. I have
not been on his place, or nearer his place than church,
since about the 6th of November, 1861.
"Q. Where did you and the party who were with
you near Dr. Mudd's sleep ? — A. We slept in the pines
near the spring.
"Q. How long were you there? — A. Four or five
days. I left my neighborhood, and went down there
and stayed around in the neighborhood — ^part of the
time at his place, and part of the time elsewhere. He
fed us there — ^gave us something to eat, and had some
bed-clothing brought out of the house. That was all."
He further said, that the party was composed of his
brother, Andrew Gwynn, and Jere Dyer, who, on the
breaking out of the war, were, like all the people of
that section, panic-stricken, and apprehending arrest;
that he came up to Washington on the loth of Novem-
ber, gave himself up, and found there were no charges
against him, took the oath, and went back home. That
John H. Surratt, when this party were there, was at
college, and witness never saw him in Charles County
then or since. That his brother, Andrew Gwynn, went
South in the fall of 1861, and was never, to his knowl-
edge, back in that county but once since, and that was
last winter some time. He corrected his statement as
74 THE LIFE OF DR. SAMUEL A. MUDD
to when the party was there, and fixed it in August,
1861.
2d. Jere Dyer, brother-in-law of the accused, testi-
fies to the same as Ben. Gwynn. Says he and the two
Gwynns were members of companies, organized by
authority of Governor Hicks for home protection in
i860; were present on parade in Washington at the in-
auguration of a statue, on the 22d of February, i860.
When the war broke out the companies were disbanded,
many of the members going South, and many of those
who remained in Charles County scattering about
from rumors of arrests; that there was a general
panic in the county then, and almost everybody was
leaving home and "dodging about" ; that while he
and the two Gwynns slept in the pines these three or
four days, Mary Sims carried them victuals from the
house, and Milo Sims attended to the horses in
Mudd's stables; that they were dressed in citizens'
clothing; that Andrew Gwynn went South in the fall
of 1861 ; witness never heard of his being back since;
that Surratt was not there then, nor, so far as he
knows, since.
3d. William Mudd, a near neighbor of the accused,
named by Mary Sims as having seen the party she
described, says he saw Benjamin Gwynn there in 1861,
but saw none of the others, then or since.
4th. Albin Brooke, referred to by Mary Sims and
Rachel Spencer as having seen the party they describe
(and by Mary Sims as having seen Surratt especially),
says he knows Surratt, having met him in another
county once, and knew Benjamin Gwynn and Andrew
Gwynn, but that he never saw Surratt with any of the
men named by Mary Sims at Dr. Mudd's, nor heard
of his having ever been there ; never heard of Andrev/
Gwynn being back from Virginia since 1861. That
he lived at Dr. Mudd's from the ist of January to be-
THE LIFE OF DB. SAMUEL A. MUDD 75
tween the ist and 15th of September of last year, and
was at the stable morning, noon, and night, each day,
and was about the spring daily ; 'while there never saw
any strangers' horses in the stable, nor any signs
about the spring of persons sleeping there; but that,
while living near Dr. Mudd's, in the sumn:ier of 1861,
he knew of Ben, and Andrew Gwynn and Dyer sleep-
ing in the pines there.
Sth. Mrs. Mary Jane Sims boarded, or was a guest,
at Dr. Mudd's all last year, except through March;
knew Andrew, Ben, and George Gwynn, and John H.
Surratt. Never saw or heard of any of them there,
nor of any of them sleeping in the pines.
6th. Frank Washington (colored) lived at Dr.
Mudd's all last year; knew Andrew Gwynn by sighi;
never saw or heard of him or Surratt (of whom a
photograph was shown him), or of any of the men
named by Mary Sims, being there, or of any men being
there in uniform; at the stable three times daily, and
often at the spring, and saw no strange horses in the
stable ; saw no signs of men sleeping about the spring.
7th. Baptist Washington, carpenter, at work there
putting up kitchen, etc., from February till Christmas
last year, except the month of August ; same as above,
except as to knowledge of Andrew Gwynn. (Photo-
graph of Sun-att shown him.)
Sth. Charles Bloyce (colored), at Dr. Mudd's
through every Saturday and Sunday all last year, ex-
cept from loth April to 20th May, same as Frank
Washington, except as to knowing Andrew Gwynn.
9th. Julia Ann Bloyce (colored cook), there from
early in July to 23d December, 1864; same, substan-
tially, as Frank Washington; knew Ben and Andrew
Gwynn. (Photograph of Surratt shown witness.)
loth. Emily Mudd and Fannie Mudd live on ad-
joining farm to Dr. Mudd, and his father's; at his
76 THE LIFE OF DR. SAMUEL A. MUDD
house almost daily for years ; knew of the party in the
pines in 1861, composed of Dyer and the two Gwynns ;
knew Andrew Gwynn well; never heard of his being
back from Virginia since 1861, nor of Surratt ever
being at Dr. Mudd's, nor of any of the others named
by Mary Sims, except the Gwynns, in 1861.
nth. Henry L. Mudd, Jr., brother of the accused,
living at his father's ; same as above as to Surratt.
None of the five witnesses, whose testimony has
been shown false in all essential parts by the evidence
of the twelve witnesses for defense, referred to above,
said that Surratt was one of the party sleeping in the
pines, except Mary and Milo Sims. These two wit-
nesses are shown to have established reputations as
liars, by the evidence of Charles Bloyce, Julia Ann
Bloyce, and Frank, Baptist, and Betty Washington.
So all that testimony for the prosecution, of the "in-
telligent contrabands," who darkened the counsels of
the Court in this case, is cleared away. The only
part of it at all admissible under the rules of evidence,
or entitled to the consideration of the Court, was that
showing Surratt was intimate with Mudd, and often
at his house last year and year before ; and that, like
nearly all the rest of their testimony, has been con-
clusively shown to be false.
Another witness, who testifies to implicate Mudd as
an associate of Surratt, is William A. Evans, who said
he saw Mudd some time last winter enter a house on H
street, just as Judson Jarboe, of Prince George's
County, was going out of it; and that Jarboe was
then shaking hands with a young lady, whom witness
took to be a daughter of Mrs. Surratt, from her strik-
ing likeness to her mother, he having known or seen
all the family ; and that he stopped a policeman on the
street, and asked whose house it was, and he said,
"Mrs. Surratt's"; and that he drove up to the pave-
THE LIFE OP DB. SAMUEL A. MUDD 77
ment, and asked also a lady who lived near by, and she
said the same. He said this house was between
Eighth and Ninth, or Ninth and Tenth — he was not
perfectly certain as to the streets, but was certain it
was between the Patent Office and the President's.
Through an hour's cross-examination, he fought by
equivocation, or pleading defect of memory, against
fixing any circumstance by which I could learn directly
or indirectly the day or the month when it occurred,
and, finally, he could only say it was "some time last
winter." Although his attention had been so strongly
attracted to the house, he first said it was on one side
of the street and then on the other ; and could not tell
whether it had any porch or any portico, nor describe
its color, nor whether it had a yard- in front, nor
whether it was near the center of the square, nor
describe a single house on either side of the same
square. He said he knew Dr. Samuel Mudd, having
met him first at Bryantown Church, in December,
1850.
Every material thing he did say, which was sus-
ceptible of being shown false, has been so shown.
1st. Mrs. Surratt's house is not between the Patent
Office and the President's, but next the corner of
Sixth. (Weichmann, Holahan, Miss Surratt.)
2d. Miss Surratt, an only daughter, says she never
saw or heard of Samuel Mudd being at her mother's
house, nor heard his name mentioned in the family,
and never met Judson Jarboe there or elsewhere before
the assassination.
3d. Miss Fitzpatrick, who boarded at Mrs. Surratt's
from the 6th of October last to the assassination, and
Holahan, who was there from the first week of Febru-
ary last, never saw either Mudd or Jarboe there, or
heard of either being there, or the name of either
mentioned in the family.
78 THE IiIFE OF DR. SAMUEIi A. MUBD
4th. Weichmann, who boarded there through last
winter, never heard of Mudd being at the house.
5th. Judson Jarboe says he never was at Mrs. Sur-
ratt's house, or met Dr. Mudd or Miss Surratt in
Washington before the assassination.
6th. Mary Mudd says Samuel Mudd was at Fred-
erick College, at Fredericktown, Maryland, in Decem-
ber, 1850, and was not at home during the collegiate
year, beginning in September of that year ; and Rev.
Dr. Stonestreet, who was president of that college
until December of that year, testifies the accused was
then entered as a student there, and could not by the
rules of the college have gone home.
This witness, Evans, boasted often to the Court
that he was a minister of the Gospel, and reluctantly
admitted on cross-examination that he was also One
of the secret police. In his reckless zeal as a detective,
he forgot the ninth commandment, and bore false wit-
ness against his neighbor. It is to be hoped his testi-
mony that he is a minister of the Gospel is as false as
his material evidence. I feel bound in candor to admit,
however, that his conduct on the stand gave an air of
plausibility to one of his material statements — that for
a month past he has "been on the verge of insanity."
I have now presented and considered all the testi-
mony going to show that Mudd ever met Surratt at
all, and all that he ever met Booth before the assas-
sination and after the first visit Booth made to Charles
County — except the testimony of Weichmann, which
I will now consider.
That witness says that about the middle of January
last he and Surratt were walking down Seventh street
one night, and passed Booth and Mudd walking up the
street, and just after they had passed, Mudd called,
"Surratt, Surratt." Surratt turned and recognized
Mudd as an old acquaintance, and introduced Mudd
THE MPE OF DR. SAMUEL A. MUDD 79
to witness, and then Mudd introduced Booth to wit-
ness and Surratt. That soon after the introduction
Booth invited them all to his room at the National Ho-
tel, where wine and cigars were ordered. That Dr.
Mudd, after the wine and cigars came, called Booth
into the passage, and they stayed there five to eight
minutes, and then both came and called Surratt out,
and all three stayed there about as long as Mudd
and Surratt had stayed, both interviews together
making about ten to twenty minutes. On returning
to the room, Di-. Mudd seated himself by witness, and
apologized for their private conversation, saying, "that
Booth and he had some private business — that Booth
wished to purchase his farm." And that, subse-
quently, Booth also apologized to him, giving the same
reason for the private conversation. Booth at one
time took the back of an envelope, and made marks on
it with a pencil. "I should not consider it writing, but
more in the direction of roads or lines." The three
were at that time seated round a center-table in the
middle of the room. "The room was very large —
half the size of this court-room." He was standing
when this was done within eight feet of them, and
Booth was talking in a low tone, and Surratt and
Mudd looking on the paper, but witness heard no word
of the conversation. About twenty minutes after the
second return from the passage, and after a good deal
of general conversation, they all walked round to the
Pennsylvania House, where the accused sat with wit-
ness on a lounge, and talked about the war, "expressed
the opinion that the war would soon be over, and
talked like a Union man." Soon after getting there.
Booth bid the accused good night, and after Booth left,
witness and Surratt followed, at about half-past ten
o'clock.
It will be observed th^t the only men spoken of by
80 THE lilFE OP DR. SAMUEL A. MUDD
this witness as having seen the accused on this occa-
sion are Booth who is dead, and Surratt, who is a
fugitive from the country. So there is no one who can
be called to confirm or confute his statements, as to
the facts of these men being together, or as to the
character of the interview. But there was one fact
about which he said he could not be mistaken, and by
means of which his evidence against Mudd is utterly
overthrown. That is, he alleges the meeting was about
the middle of January, and fixes the time with cer-
tainty by three distinct circumstances :
1st. He made a visit to Baltimore about the middle
of January, and near the date of this meeting.
2d. He had, before the meeting, got a letter, which
he received on the i6th of January.
3d. It was after the Congressional holidays, and
Congress had resumed its session. He recollects this
fact of itself, and is confirmed in his recollection by the
fact that Booth's room was one a member of Cdngress
had occupied before the holidays, and which was given
Booth, as he learned, until the member, who had been
delayed beyond the time of the reassembling of Con-
gress, should return. Booth told him this.
In refutation of this evidence, we have proved, be-
yond all controversy, that Dr. Mudd was not in Wash-
ington from the 23d of December to the 23d of March.
On the 23d of December he came to Washington
with J. T. Mudd, who says they left their horses at
the Navy Yard, and went into the city at dark, on the
street cars, and registered at the Pennsylvania House.
They then went out and got supper at a restaurant,
and then went to the Metropolitan Hotel and stayed
there together a quarter of an hour, and then to the
National, where witness met a friend, and became
separated in the crowd from accused. Witness strolled
out and went baok to the Pennsylvania House, to
THE LIFE OF DB. SAMUEL A. MUDD 81
which accused returned in a few minutes after he got
there. He saw and heard no one with the accused,
though there might have been persons with him in the
front part of the room (which was separated from
where witness sat by open folding doors) without wit-
ness seeing them. Witness and accused then went to
bed; were together all next day; were about the
market together, and at the store making purchases;
were not at the National Hotel, and left the city about
one o'clock in the afternoon of the 24th, and returned
home together. Witness never saw Booth, except on
his visit to Bryantown in November. We have shown
by the evidence of Lucas, Montgomery, Julia Bloyce,
and Jerry Mudd that accused came here on that visit
on a sufficient and legitimate business errand — to pur-
chase a cooking-stove and other articles, which he
bought here then.
On the 23d of March, Lewellyn Gardiner said ac-
cused again came to Washington with him to attend a
sale of condemned horses, but that the sale did not
occur at that time. They got to Washington at 4 or
5 p. M., left their horses at Martin's, beyond the Navy
Yard, and went about looking at some wagons for
sale, and went then to the Island to the house of Henry
Clark, where they took tea. They spent the evening
at Dr. Allen's playing whist, slept together that night
at Clark's, and after breakfast next morning went
through the Capitol looking at the paintings in the
Rotunda, and returned to Martin's at dinner, and after
dinner left and returned home. Accused was not
separated from or out of sight of witness five minutes
during the whole visit, and did not go to any of the
hotels or to the post-office, or see or inquire for Booth.
Dr. Allen, Clark, Martin, Thomas Davis, Mary Mudd,
6
82 THE IjIFE OF DR. SAMUEL A. MTIDD
Henry Mudd, and Betty Washington confirm witness
as to the objects or incidents of the visit.
On the nth of April, three days before the assas-
sination, while Booth, as appears by the hotel register,
was at the National in this city, accused came to Gies-
boro to attend the sale of Government horses, which
he and L,ewellyn Gardiner had come on the 23d
of March to attend. Though in sight of Washington,
he did not come into the city, but took dinner at Mar-
tin's, and after dinner left and returned home. On
this visit he stayed all night at Blandford's, twelve
miles from the city, coming up, but not returning.
(Lewellyn Gardiner, Henry L. Mudd, Dr. Blandford,
Martin, Davis, Betty Washington, Mary Mudd.)
On the 26th of January he went with his wife to the
house of his neighbor, George H. Gardiner, to a party,
and stayed till daylight. (Betty Washington, Thomas
Davis, Mary Mudd.) Except for one night on the
occasion of each of those four visits — two to Wash-
ington, one to Giesboro, and one to Gardiner's — ac-
cused was not absent from home a night from 23d
December until his arrest. (Betty Washington,
Thomas Davis, Henry L. Mudd, Mary Mudd, Frank
Washington.)
After the evidence for the defense above referred to
had been introduced, refuting and completely over-
whelming Weichmann's testimony and all inferences
as to Dr. Mudd's complicity with Booth which might
be drawn from it, a new accuser was introduced
against him on the same point in the person of Marcus
p. Norton, who said that at half-past 10 o'clock, on
the morning of the 3d of March, as he was preparing
his papers to go to the Supreme Court to argue a
motion in a patent case there pending (which motion
the record of the Court shows he did argue on that
day), a stranger abruptly entered his room and as
THE LIFE OF DB. SAMUEL A. IVIUDD 83
abruptly retired, saying he was looking for Mr.
Booth's room; and though witness never saw Dr.
Mudd before or since, until the day of his testifying,
he says that stranger is the prisoner at the bar. He
could not tell any article of the stranger's clothing
except a black hat. Wnt. A. Evans, a part of whose
evidence we have hereinbefore considered, comes to
the support of Norton, by saying that early on the
morning of either the ist, or 2d, or 3d of March (wit-
ness is certain it was one of those three days) Dr.
Mudd passed witness on the road from Bryantown to
Washington, a few miles from the city, driving a two-
horse rockaway, and there was a man in with him, but
whether a black or a white man witness could not
recollect. Fortunately for the accused, the ist day of
March was Ash Wednesday — the first day of Lent, — a
religious holiday of note and observance in the com-
munity of Catholics among whom he lived. Fortu-
nately for him, too, his sister Mary was taken ill on
that day, and required his medical attendance (at her
father's house, on the farm adjoining his own, thirty
miles from Washington) each day from the 2d to the
7th of March, inclusive. By the aid of these two cir-
cumstances we have been able to show by Thomas
Davis that accused was at work at home on the 28th of
February (the day before Ash Wednesday) ; by Dr.
Blandford, Frank Washington, and Betty Washington,
that he was there at work at home on the ist of
March ; by Mary, Fanny, Emily and Henry D. Mudd,
Betty and Frank Washington, and Thomas Davis,
that he was there on the 2d, 3d, 4th, and 5th of March,
at various hours of each day. At or within two hours
of the time when Norton says he saw the accused enter
the room at the National (10.30 a. m., 3d of March),
Mary, Emily, Fanny, and Henry L. Mudd, Frank and
Betty Washington, Thomas and John Davis, all testify
84 THE I>IPE OF DR. SAMUEL A. MTJDD
most emphatically to having seen him at his house, on
his farm, or at his father's house adjacent to his
own — six hours' ride from Washington! We have
shovirn, too, by Mary Mudd, that the accused has
always worn a lead-colored hat whenever she has seen
him this year, and that she has seen him almost daily ;
and by Henry Mudd, Dr. Blandford, and Mary Mudd
that neither he nor his father owns a rockaway. Now,
Norton either saw the accused enter his room on the
morning of the 3d of March or not at all, for his evi-
dence, clinched as to the date by the record of the
Supreme Court, excludes the supposition that he could
have been mistaken as to the day. Nor can these
eight witnesses for the defense be mistaken as to the
day, for the incidents by which they recollect Mudd's
presence at home fix the time in their memories ex-
actly. With all this evidence before the Court, it can-
not hesitate to hold the alibi established beyond all
cavil.
The only other item of evidence as to anything done
or said by Dr. Mudd, or by anybody, before the assas-
sination, tending in the least to show him implicated
in the conspiracy, is the evidence of Daniel I. Thomas,
who says that several weeks before the assassination
he met Mudd at the house of his neighbor, Downing,
and there, in the course of conversation, Mudd said
(laughingly) that "Lincoln and his whole Cabinet,
and every Union man in the State of Maryland, would
be killed within six weeks." Witness said he wrote to
Colonel John C. Holland, provost marshal of that dis-
trict, at Ellicott's Mills, before the assassination, ad-
vising him of Mudd's statement. But Colonel Hol-
land says he got a letter from witness about that time,
and there was not a word of the statement in it, nor
a reference to the accused, nor to any statement by
anybody about killing anybody. Thomas says he told
THE LIFE OP DR. SAMUEL, A. MUDD 85
his brother, Dr. Thomas, of the declaration before the
President was killed, but his brother says emphatically
he did not tell him until after Mudd's arrest — the boot
found at Mudd's house having been named in the same
conversation. Thomas says he told Mr. Downing
about it before the assassination, but Downing says
emphatically he did not tell him a word about it at
any time. Downing also says that he himself was
present every moment of the time Mudd and Thomas
were together at his house, and heard every word said
by either of them, and Mudd did not make that state-
ment, nor refer to the President, or the Cabinet, or the
Union men of Maryland, at all, nor say a word about
anybody being killed. He says, however, Mudd, when
Thomas was bragging and lying about being a provost
marshal, did tell him "he was a jack" — which insult
was doubtless an incentive to the invention of the
calumny. But it was not the only incentive. Thomas
knew that if that lie could be palmed off on the Judge-
Advocate and the Court for truth, it might lead to
Mudd's arrest and conviction as one of the con-
spirators. He had, on Tuesday, before Mudd's arrest,
and before his lie was coined and circulated, been post-
ing hand-bills, containing the order of the War De-
partment offering liberal rewards for any information
leading to the arrest of Booth's accomplices, and he
then, doubtless, conceived the idea of at once getting
reward in money from the Government for his infor-
mation, and revenge on Mudd for his insult in Down-
ing's house. That he gave that evidence corruptly is
shown by Wm. Watson, John R. Richardson, and
Benjamin Naylor, who say that Thomas, after testify-
ing against Mudd, went to see them, and said, that "if
Dr. Mudd was convicted upon his testimony, he would
then have given conclusive evidence that he gave the
information that led to the detection of the conspira-
86 THE LIFE OP DB. SAMUEL A. MUDD
tor!" "He then asked Mr. Benjamin J. Naylor if he
did not mention to him and Gibbons, before the killing
of the President, the language that Dr. Mudd had
used. Mr. Naylor said that he had never done it, be-
fore or after!" "He said his portion of the reward
ought to be $10,000 — and asked me (Watson) if I
would not, as the best loyal man in Prince George's
County, give him a certificate of how much he ought
to be entitled to." The testimony of Richards, and
of Eli J. Watson, coupled with Thomas's testimony
in denial of these statements, fill the record of infamy
of this false witness.
To accumulate evidence that Thomas's statement is
utterly unreliable, the defense brought over twenty of
his neighbors, who testified that he could not be be-
lieved on oath — among whom were Naylor, Robey,
Richards, Orme, Joseph Waters, John Waters, J. F.
Watson, Eli Watson, Smith, Baden, Dickens, Haw-
kins, Monroe, and others, of undisputed loyalty, nearly
all of whom had known him from boyhood. His
brother, Dr. Thomas, testifies that he is at times de-
ranged; and Dr. Geo. Mudd says he is mentally and
morally insane. And, although Thomas's evidence
was the most important in the case against Dr. Mudd,
the Judge-Advocate has not seriously attempted to
sustain him — ^has not tried to show that he ever told
or hinted at this story to anybody before the assas-
sination — and has not asked one of the scores of wit-
nesses for the prosecution in attendance from
Thomas's neighborhood a question as to his reputation
for veracity — except Wm. Watson, who said it was
decidedly bad. A feeble attempt was made to sustain
him by endeavoring to show that he was a zealous sup-
porter of the Administration, and that, therefore, the
general voice of his community was against him. But
we showed he was a rebel at the beginning of the war,
THE LIFE OP DR. SAMUEL A. MUDD 87
and an opponent of the Administration at the last
election — and then the Judge-Advocate dropped him.
This is all the evidence of every act or word done
or said by anybody, prior to the assassination, tending
in the remotest degree to connect Mudd with the con-
spiracy. It consists, in large part, of the testimony of
the five negroes, as to the Confederate officers fre-
quenting Mudd's house last year and the year before —
two of them, Milo and Mary Sims, as to Surratt's
visiting his house last year — of Evans as to Mudd's
going to Surratt's house last winter — of Evans and
Norton as to Mudd being here on the 3d of March — of
Weichmann as to the interview between Mudd, Booth,
and Surratt, about the middle of January — and of
Thomas as to Mudd's prediction of the assassination
in March. I venture to say that rarely in the annals
of criminal trials has the life of an accused been as-
sailed by such an array of false testimony as is ex-
hibited in the evidence of these nine witnesses — and
rarely has it been the good fortune of an innocent man,
arraigned and on trial for his life, to so confute and
overwhelm his accusers. I feel it would be a waste of
time and an imputation on the intelligence of the Court
to delay it with fuller discussion of the evidence of
these witnesses — and feel sure it will cast their testi-
mony from its deliberations, or recollect it only to re-
flect how foully and mistakenly the accused has been
assailed.
Having now discussed all the evidence adduced that
calls for discussion, or may by possibility be relied on
as showing Mudd's acquaintance with Booth, or con-
nection with the conspiracy, and having, I think,
shown that there is no reliable evidence that he ever
met Booth before the assassination but once on Sun-
day, and once the day following, in November last, I
will proceed to a consideration of the testimony relied
88 THE LIFE OF DR. SAMUEL A. MUDD
on to show that he knowingly aided the escape of the
assassin.
1st. Why did Booth go to Dr. Mudd's and stop
there from daybreak till near sundown on his flight?
I answer, because he had a broken leg and needed a
physician to set it. And as to the length of the stay,
the wonder is he was able to ride off on horse-back
with his broken and swollen limb at all — not that he
took ten hours' rest. The Court will observe, from
the map in evidence, that Booth, taking Surrattsville
in his route to Pope's Creek, opposite Matthias Point,
where he crossed the Potomac (Captain Doherty),
traveled at least eight or ten miles out of his way to
go, after leaving Surrattsville, by Dr. Mudd's. (See
Dyer's testimony.) Would he have gone that far out
of his route to the Potomac crossing if he had not
broken his leg ? Or was it part of his plan to break it ?
Obviously, he could not in advance have planned to
escape by crossing the Patuxcnt, nor to evade his pur-
suers by lying concealed in Charles County, within six
hours' ride of Washington. He must, as a sane man,
have contemplated and planned escape across the
Potomac into Virginia, and thence South or abroad;
and it could never have been part either of the plan of
abduction, or of that of assassination, to go the cir-
cuitous route to a crossing of the Potomac by Bryan-
town or Dr. Mudd's. So that the fact of Booth going
to the house of the accused, and stopping to get his leg
set and to rest, does not necessarily lead to any con-
clusion unfavorable to the accused.
Booth got there, with Herold, about daybreak.
(Frank Washington.) He usually wore a mustache
(see photograph), but he then wore heavy whiskers,
and had his face muffled in a shawl, so as to disguise
him. The disguise was kept up all day. (Colonel
Wells.) He was taken to a lounge in the hall, and
THE MFE OF DR. SAMUEL A. MXTDD 89
then to a front room up-stairs, where the broken bone
was set, where a fee of $25 was paid for the service,
and where, it is probable, he slept most of the day.
They represented that the leg had been broken by a
fall of the horse ; that they had come from Bryantown,
and were going to Parson Wilmer's. After breakfast
accused went to his field to work. Herold, whom
Mudd had never met (Colonel Wells), came down to
breakfast and dinner with the family, and after dinner
he and Mudd went off together to the house of Mudd's
father, to get a family carriage to take the wounded
man to the house of Parson Wilmer, five miles off, at
Piney Chapel. (Lovett, Wells.) Now, can any man
suppose for a moment that Mudd, at this time, had the
slightest suspicion or intimation of the awful tragedy
of the night before ? Could he, knowing or suspecting
the crime or the criminal, have thus recklessly given
himself up to arrest and trial, by publicly aiding the
escape of the assassin ? Could he have been ready to
expose his old father to suspicion by thus borrowing
his carriage, which would have been noticed by every
man, woman, and child on the road, to carry off the
assassin? Impossible! I need nothing more of the
Court than its consideration of this fact, to clear the
accused of all suspicion of having, up to that time,
known or suspected that a crime had been committed
by the crippled stranger, whom he was openly and
kindly seeking to aid.
But the carriage could not be got, and Mudd and
Herold rode off toward Bryantown to get one there.
Colonel Wells thinks the accused told him that Her-
old turned back when getting one and a half miles
from the elder Mudd's house, saying he could take his
friend off on horseback. Betty Briscoe and Eleanor
Bloyce, however, say they saw a man riding toward
90 THE LIFE OF DB. SAMUEIj A. MUDD
Bryantown with the accused, who turned back at the
bridge at the edge of the town.
Mudd made some purchases of caHco and other
articles, and heard of the assassination. (Bean.) It
was not generally known then among the citizens who
was the assassin. (Bean, Roby, Trotter, B. W.
Gardiner, M. L. McPherson, John McPherson.) In
fact, it was not generally known with certainty at the
theater, or in Washington, Friday night, whether
Booth was the murderer. (Gobright.) In Bryan-
town it was commonly understood that Boyle, a noted
desperado of that region, who assassinated Captain
Watkins last fall, was one of the assassins. (M. L,.
McPherson, Bean, Trotter, Roby. ) It was not known
that the murderer had been tracked into that neighbor-
hood. (Bean, Dr. George Mudd.) Lieutenant Dana
told Dr. George Mudd, Saturday afternoon, that Boyle
assassinated Mr. Seward and Booth the President, but
that he thought Booth had not then got out of Wash-
ington. Even next day (Sunday) it was reported
there that it was Bdwin Booth who killed the Presi-
dent.
The accused left Bryantown about four o'clock to
return home. Betty Briscoe says the same man who
had turned back at the bridge stopped in the edge of a
branch, which the road crosses a couple of hundred
yards from the bridge, until Mudd returned from
town, and then they rode off together across the
branch, "up the road." But Boos says he saw Mudd
a couple of hundred yards beyond that crossing leis-
urely going through the farm Booz lives on, by a near-
cut which he usually traveled, alone; and that he
would himself have probably noticed the man at the
crossing ; which was in full view of where he was, had
he been waiting there; and would have certainly
noticed him had he been with Mudd traveling the main
THE MFE OF DR, SAMTJEL A. MUDD 91
road, when Mudd turned into the cut-off through the
farm — but he saw no one but the accused. Susan
Stezvart also saw Mudd in the by-road returning home
alone, and did not see any man going the main road,
which was in full view. I call the attention of the
Court to the plat by which the branch and these roads
are shown, and to the fact that there is no road turning
off from the main road between Booz's place and
Bryantown, except the side road by Booz's house. If
further refutation of the testimony of Betty Briscoe on
this point be required, it is found in the evidence of
Primus Johnson, who saw Herold pass the elder
Mudd's in the main road, going toward the house of
the accused, and some time after that himself caught
a horse in the pasture, and rode toward Bryantown,
and met and passed Dr. Mudd coming leisurely from
Bryantown, alone, at Booz's farm; and that from the
time he saw Herold until he met and passed Mudd
was full an hour and a half. And in the evidence of
John Acton, who was on the roadside, three miles
from Bryantown when Herold passed, at between
three and four o'clock, and who remained there an
hour, and Dr. Mudd did not go by in that time.
Acton also says that between the time Herold and
Mudd went toward Bryantown and the time Herold
returned alone was but three-quarters of an hour.
From the fact that Herold could not have ridden to
the bridge and back in that time (six miles), it seems
highly probable that he did not go to the bridge, but
turned back about where Colonel Wells thinks Mudd
said he did. But however that may be is not impor-
tant, as it is certain from the evidence of these four
witnesses that Herold did not wait at the branch for
Mudd's return from Bryantown.
As Mudd rode home, he turned out of his way to
see his neighbor, Hardy (who lives half-way between
92 THE LIFE OP DR. SAMUEL A. MUDD
the house of the accused and Bryantown), about some
rail-timber he had engaged there. The house is not in
view of the road, a clump of pine intervening. He
told Hardy and Farrell of the news. Hardy says :
"He said to me that there was terrible news nozv,
that the President and Mr. Seward and his son had
been assassinated the evening before. Something was
said in that connection about Boyle (the man who is
said to have killed Captain Watkins) assassinating
Mr. Seward. I remember that Booth's name was
mentioned in the same connection, and I asked him if
Booth was the man who had been down there. His
reply was that he did not know whether it was that
man or one of his brothers ; he understood that he had
some brothers. That ended the conversation, except
that he said it was one of the most terrible calamities
that could have befallen the country at this time.
"Q. Did you say that it was understood or said that
Booth was the assassin of the President? — A. There
was some such remark made, but I do not exactly
remember the remark."
They both say he seemed heartily sorry for the
calamity, and that he said he had just come from
Bryantown, and heard the news there. Hardy says
he stayed there only about ten minutes, and left just
about sundown. Farrell corroborates Hardy as to the
conversation, except that he reports nothing as to
Boyle's name being mentioned; but he says the con-
versation was going on when he joined Hardy and
Mudd. He says the house is less than a quarter of a
mile off the road, and that accused stayed there about
fifteen minutes.
Now, I ask the Court, what is there up to this point
to indicate that Mudd knew or had any suspicion that
the broken-legged man was implicated in the crime?
If there is anything in proof showing that fact, I fail
THE LIFE OP DB. SAMUEL A. MUDD 93
to find it. True, he had met Booth twice in Novem-
ber — five months before. Had seen him that dark,
cloudy morning, at day-break, faint with fatigue and
suffering, muffled in his shawl and disguised in a heavy
beard; had ministered to him in the dim light of a
candle, whose rays struggled with the dull beams of
the opening day; had seen him, perhaps, sleeping in
the darkened chamber, his mustache then shaved off,
his beard still on, his effort at concealment still main-
tained. (Wells.) And here let me remind the
Court, that there is nothing in the evidence showing
that Booth spoke a word — but where either of the men
are referred to as saying anything, "the smaller man"
was the spokesman. L-et it be remembered too that
Booth was an actor, accustomed by years of profes-
sional practice to disguise his person, his features, and
his tones — so that if Mudd had been an intimate asso-
ciate, instead of a mere casual acquaintance, it would
have been easy for Booth to maintain a disguise even
when subjected to close scrutiny under circumstances
favorable to recognition. If the Court will also con-
sider with what delicacy a physician and a gentleman
would naturally refrain from an obtrusive scrutiny of
a patient coming to his house under the circumstances,
they will appreciate how easy it was for Booth to avoid
recognition, and how probable that Mudd had no sus-
picion who his patient was. Had he recognized Booth
before he went to Bryantown, and heard there that
name connected with the "terrible calamity," would he
have jogged quietly home, stopping to chat with Booz,
to look after his rail-timber, to talk of the names of
the assassins with his neighbors? Unless the Court
start out with the hypothesis of guilt, and substitutes
unsupported suspicion for proof, — which I respect
them too highly to fear for a moment they will do, —
94 THE LIFE OF DR. SA3IUEL A. MUDD
they cannot charge him with a recognition of Booth
before he returned home from Bryantown.
Hardy says it was about sundown when Mudd left ;
Farrell says about five o'clock. He had two miles to
ride home. It must have been sundown when he got
home, and the men had just gone. Betty Washington
says that three or four minutes after Herold (the last
of the two) disappeared toward the swamp, Mudd
came through the hall to the kitchen, and was then first
seen by her after his return from Bryantown. The
other servants had not come from the field when the
men started — and we are therefore left to that one
witness to show that the statement of Simon Gavacan,
one of the detectives, who says "he thinks" Mudd
said he went with them part of the way, is incorrect.
It is inconsistent, too, with Mudd's statement to Colo-
nel Wells on the subject, which is as follows: "The
Doctor said that as he came back to the house he saw
the person that he afterward supposed to be Herold,
passing to the left of the house, and toward the barn
or the stable; that he did not see the other person at
all after he left him at the house, which was about one
o'clock, I think." This statement, and that of Betty
Washington, last above quoted, coincide with and
strengthen each other.
It is true Dr. Mudd did say to all who asked him that
he had shown Herold the way to Parson Wilmer's by
the short route, but this was in the morning, soon after
the parties reached the house, and before the idea of
the carriage appears to have been suggested. This is
shown by the statement of Colonel Wells, who says
that the accused, in the same conversation in ivhich he
said that Booth and Herold had just gone from the
house as he came up, told him that, "Herold, the
younger of them, asked him the direct route to Piney
Chapel, Dr. Wilmer's, saying that he was acquainted
THE LIFE OF DR. SAMUEIj A. MUDD 95
with Dr. Wilmer." He described the main traveled
road, which leads to the right of his house, and was
then asked if there was not a shorter or nearer road.
He said, "Yes, there is a road across the swamp that
is about a mile nearer, I think" ; he said it was five
miles from his house to Piney Chapel by the direct
road and four miles by the marsh, and undertook to
give him (as he said) a description by which they
could go by the nearer route. He said that the direc-
tions were these — they were to pass down by his barn,
inclining to the left, and then pass straight forward in
a new direction across the marsh, and that on passing
across the marsh they would come to a hill; keeping
over the hill, they would come in sight of the roof of
a barn, and letting down one or two fences they would
reach the direct road.
The accused meant, of course, that this inquiry and
explanation occurred before his return to the house
from Bryantown — and so Colonel Wells understood
him, for he so in eflfect says. The statement of the
accused to Dr. Geo. Mudd, the next day after Booth
left, is to the same effect. He said, "That these
parties stated that they came from Bryantown, and
were inquiring the way to the Rev. Dr. Wilmer's" —
thus putting their inquiry for the route to Parson Wil-
mer's in direct connection with their early explanation
as to whence they came.
I have no doubt that Gavacan, the detective, recol-
lects an inference which he, and perhaps also his asso-
ciate detective, Williams, drew from Dr. Mudd saying
that he had shown Herold the route to Parson Wil-
mer's, that he showed it as Booth and Herold were
leaving. But the inferences of detectives, under the
strong stimulus of prospective rewards, are inferences
generally of guilt ; and that these gentlemen were not
free from the weaknesses of their profession, and that
96 THE I;IPE OF DR. SAHrUEL A. lUTIDD
they grossly misrepresented Dr. Mudd in other im-
portant statements, will presently be shown to the sat-
isfaction of the Court.
Now, if Mudd did not know, when he talked with
Hardy about the assassination, and spoke of Booth in
connection with it, that the assassin was at his
house, — as I think the evidence shows he did not, —
then when did he first suspect it ? Colonel Wells says
his inference was, from something the accused said,
that he suspected the crippled man to be Booth before
he left the premises. The evidence not only shows
that when Mudd returned Booth had gone out of
sight, but it also shows what fact it was that, added to
the undue excitement of the strangers, and to the fact
that the crippled man shaved off his mustache, thor-
oughly aroused his suspicion. It was the fact that his
wife said to him, after they left, that as the crippled
man came down to go his false zvhiskers became
detached from his face. (Lieut. Lovett.) When she
told him this, and what he said or proposed to do, was
not shown by the prosecution, and, by the rules of evi-
dence, could not he by the defense. But that was a
fact which could not probably have been communicated
to Mudd by his wife until Booth had gone.
In the evidence adduced as to Mudd's subsequent
conduct and statements, I need only call the attention
of the Court to two points, for in it there is nothing
else against him.
1st. He did not tell on Tuesday that the boot was
there, far down in the leg of which was found by the
officers "J. Wilkes," written in pale ink. I answer,
the boot was not found by his wife until several days
after the assassin left, and was then found in sweeping
under the bed. (Hardy.) We have every reason to
suppose it was not found until after Tuesday, for the
accused, on Friday, before a question waS asked or a
THE MFE OF DR. SAMUEL A. MUDD 97
word communicated to him, told of the boot himself,
and had it produced, and said, in presence of his wife,
it was found by her after the officers were there before.
(Hardy.)
2d. Of the three detectives who went to the house
of accused, Tuesday, Williams says : Accused denied
throughout that two men had been there ; yet he says
on cross-examination, that accused, in the same con-
versation, pointed out the route the men had taken
toward Wilmer's. Gavacan said he at first denied two
men had passed there, and then admitted it. Lloyd
says he denied it from beginning to end, on Tuesday.
But Lieutenant Lovett, who went with and in com-
mand of these detectives, speaking of this interview on
Tuesday, says: "We first asked whether there had
been any strangers at his house and he said there
were." The three detectives are manifestly mistaken ;
either from infirmity of memory, or from some less
pardonable cause, they have failed to recollect and
truthfully render what Dr. Mudd did say on that sub-
ject.
The commentators upon the law of evidence give a
caution which it may be well for the Court to observe.
They admonish us how easy it is for a corrupt witness
to falsify a conversation of a person accused, and as
the accused cannot be heard, how difficult, if not im-
possible, contradiction is. How easy for an honest
witness to misunderstand, or in repeating what was
said to substitute his own language or inference for
the language which was really used, and thus change
its whole meaning and import. In no case can the
caution be more pertinent than in this. The very
frenzy of madness ruled the hour. Reason was swal-
lowed up in patriotic passion, and a feverish and in-
tense excitement pi'evailed most unfavorable to a calm,
7
98 THE LIFE OF DR. SAlMTJEIi A. MfJDO
correct hearing and faithful repetition of what was
said, especially by the suspected. Again, and again,
and again the accused was catechised by detectives,
each of whom was vieing with the other as to which
should make the most important discoveries, and each
making the examination with a preconceived opinion of
guilt, and with an eager desire, if not determination,
to find in what might be said the proofs of guilt.
Again, the witnesses against the accused have testified
under the strong stimulus of promised reward for
information leading to arrests and followed by convic-
tions. (See order of Secretary of War.) At any
time and in any community an advertisement of re-
wards to informers would be likely to be responded
to — at a time, and on an occasion like this, it would be
a miracle if it failed of effect. In view of these con-
siderations, the Court cannot be too vigilant in its
scrutiny of the evidence of these detectives, or too cir-
cumspect in determining the influence to be given to it.
No more effective refutation of this statement, that
Mudd denied on Tuesday that two strangers had been
at his house, can be given, than to ask how came Lieu-
tenant Lovett and the detectives at Dr. Mudd's?
They did not scent out the track for themselves.
They were at Bryantown on Saturday and were at
fault, and had they been let alone would probably have
remained at fault, and not have gone to Dr. Mudd's.
By whom and when was the information given which
brought them there? The next morning after the
startling news of the assassination reached him, the
accused went to Dr. George Mudd, a man of spotless
integrity and veracity, and of loyalty unswerving
through all the perilous and distressing scenes of the
border war, and fully informed him of all that had
occurred — the arrival of the two strangers, the time
and circumstances under which they came, what he
THE lilFE OF DR. SAMUEL A. MtTDD 99
had done for them, the suspicions he entertained, when
they departed, and what route they had taken; and
requested him, on his behalf and in his name, to com-
municate this information to the miHtary authorities
on his return that day to Bryantown. Dr. George
Mudd did make the communication as requested, on
Monday morning, to Lieutenant Dana, and further
informed him of Dr. Samuel Mudd's desire to be sent
for for any further information which' it might be in
his power to give. In consequence of this, and of this
alone. Lieutenant Lovett and the detectives did, on
Tuesday, go to the house of the accused, accompanied
by Dr. George Mudd, who prefaced his introduction
by informing the accused that, in accordance with his
request, he had brought Lieutenant Lovett and the
detectives to confer with him in reference to the
strangers who had been at his house Saturday. Of
these facts there is no doubt or dispute. They stand
too prominently upon the record to be ignored or
evaded. But for this information the ■ detectives
would not have been at the house of the accused at all.
They came at his request, and when they came it is
absurd and idle to say that he denied, almost in the
presence of Dr. George Mudd, who had been his
messenger, and was then in the house, that the two
strangers had been there. On the contrary, the evi-
dence shows he imparted all he knew, and pointed out
the route which the strangers took when they left — ^but
which Lieutenant Lovett and the detectives did not at
once pursue, because they chose to consider his state-
ment uncandid, and intended to put them upon a false
scent. Indeed, so accurate was the description given
by the accused to Lieutenant Lovett, Tuesday, of the
persons who had been at his house, that the Lieutenant
says he was satisfied, from Mudd's description, they
were Booth and Herold.
100 THE LLPE OF DR. SAMtJEIi A. MUDD
It was in great part by reason of Dr. Mudd's having
delayed from Saturday night until Sunday noon to
send to the authorities at Bryantown information as to
the suspected persons who had been at his house, that
he was arrested and charged as a conspirator; and
yet I assert this record shows he moved more promptly
in communicating his information than they did in
acting on it. His message was communicated to Lieu-
tenant Dana Monday morning. Tuesday, Lieutenant
Lovett and the detectives came, and that officer got
such information from Dr. Mudd as convinced him the
suspected persons were Booth and Herold, and yet it
was not until Colonel Wells came, on Saturday, that
an energetic effort was made to find the route of the
assassin. On that day Dr. Mudd himself went with
that officer, and followed the tracks on the route indi-
cated beyond the marsh into a piece of ploughed
ground, where the tracks were lost. But Colonel
Wells had got the general direction, and it was in con-
sequence of the information sent by the accused to the
authorities the day after Booth left his house that he
was tracked to the Potomac.
But the evidence does not show that Dr. Mudd
delayed at all in communicating his information, for it
does not show when his wife told him of the false
whiskers of the crippled man. But, admit she told
him on Saturday evening, as soon as the men left. It
was four miles to Bryantown, and his wife may have
feared to be left alone that night. Boyle, who haunted
that neighborhood, was understood by Dr. Mudd to
have been one of the assassins (Hardy), and may not
his or his wife's fears of the vengeance of that des-
perado have prevented him communicating his sus-
picions direct and in person to the officer at Bryan-
town? He told Dr. George Mudd next day, when
asking him to go to the authorities with the informa-
THE MFE OF DR. SA3nJEL A. MUDD 101
tion, to caution them not to let it be publicly known
that he had volunteered the statement, lest he might be
assassinated in revenge for having done it.
Hiaving thus presented and discussed somewhat in
detail the testimony in this case, I now ask the indul-
gence of the Court while I briefly review some of its
leading features.
Booth and Mudd met first in November last at
church, near Bryantown, casually, and but for a few
minutes. Their conversation was in presence of many
others, including men of unquestioned loyalty. Next
morning. Booth left Dr. Queen's, rode by Mudd's,
talked of buying his farm, got him to show him over
to Gardiner's, a quarter of a mile ofif, where he bought
a horse, Mudd manifesting no interest in the purchase.
They rode away together toward Mudd's house, and
toward Bryantown, where Gardiner found Booth next
morning at the village hotel. Booth was again at Dr.
Queen's in the middle of December. But the evidence
shows that he did not go into Mudd's neighborhood,
or seek or see him. So far as we dare speak from the
eviderice — and we should dare speak from nothing
else — that is all the intercourse between Mudd and
Booth in that neighborhood before the assassination.
What was there in that to attract attention or excite
remark toward Mudd more than to Dr. Queen or Mr.
Gardiner, or any other gentleman in Charles County,
to whom Booth had been introduced, and with whom
he had conversed. All that is shown to have passed
between them was perfectly natural and harmless, and
nothing is to be presumed which was not shown.
True, they might have talked of and plotted assassina-
tion ; hut did they ? Is there, in the intercourse which
had thus far occurred, any incident from which such
a deduction could be drawn, or which would justify a
suspicion that any such thing was thought of or hinted
102 THE liHTB OF DR. SASfUEL A. MUDD
at? Nor did they ever meet again anywhere before
the assassination, unless the testimony of Weichmann
is to be accepted as true, which, upon this point, at least
is quite unworthy of credence. He swears to having
met Dr. Mudd and Booth in the City of Washington,
about the middle of January — certainly after the holi-
days. But it is in proof by many witnesses, who
cannot be mistaken, have not been impeached, and who
unquestionably stated the truth, that Dr. Mudd was
from home but one night from the 23d of December
to the 23d of March, and that night at a party in his
own neighborhood. If this be so, and there is no
reason to doubt it, then Weichmann's statement cannot
be true. The mildest thing that can be said of him,
as of Norton, is, that he was mistaken in the man.
That which was attempted to be shown by this contra-
dicted witness (Weichmann) was, that Dr. Mudd and
Booth, who were almost strangers to each other, met
Surratt, to whom Booth was unknown, at the National
Hotel, and within half an hour after the meeting
plotted the assassination of the President, his Cabinet,
the Vice-President, and General Grant— all this in
Washington, and in the presence of a man whom one
of the supposed conspirators knew to be an employee
of the War Department, and had reason to believe was
a Government detective! It is monstrous to believe
any such thing occurred. It outrages all that we have
learned of the philosophy of human nature, all that we
know of the motives and principles of human actions.
And yet, if Mudd was not then and there inducted into
the plot, he never was. He never saw Booth again
until after the assassination, and never saw any of the
other conspirators at all. Twice, then, and twice
only — unless the Court shall accept the testimony of
Weichmann against the clear proofs of an alibi, and
then only three times — he and Booth had met. None
THE MFE OP DR. SAMUEL A. MIIDD 103
of these meetings occurred later than the isth of
January. They are shown to have been accidental
and brief. The parties had but little conversation,
and portions of that little have been repeated to the
Court. So far as it has been disclosed, it was as inno-
cent as the prattle of children, and not a word was
breathed that can be tortured into criminality — ^not a
word or an act that betokens malign purposes.
Against how many scores of loyal persons, even in
this community, may stronger evidence be adduced
than against Mudd, if the mere fact of meeting and
conversing with Booth is to be accepted as evidence of
guilt? Booth was a guest at the National Hotel — in-
telligent, agreeable, of attractive manner, with no
known blemish on his character as a man or a citizen.
He had the entree of the drawing-rooms, and mingled
freely with the throngs that assembled there. His
society, so far from being shunned, was courted ; and
the fairest ladies of the land, the daughters of distin-
guished statesmen and patriots, deemed it, no dispar-
agement to them to accept his escort and attentions.
It is not extravagant to say, that hundreds of true,
Union-loving, loyal people in this and other cities, were
on terms of cordial and intimate association with him.
And why should they not have been ? He was under
no suspicion. They did not shun him. Why should
Mudd ? And why shall what was innocent in them be
held proof of guilt in him? Let it be remembered in
this connection, that Dr. Mudd's house was searched
and his papers seized ; that Surratt's house was seized
and searched; that all the effects of Booth, Atzerodt,
Arnold, Herold, Spangler, and Mrs. Surratt, that
could be found, were seized and examined; and that
among them all not a letter, a note, a memorandum,
not the scrape of a pen by any person or in any form,
has been found implicating Dr. Mudd. Let it further
104 THE LIFE OF DR. SAMTJEIi A. MUDD
be remembered, that all these persons have been sub-
jected to repeated examinations, under appalling cir-
cumstances, by various officials of the Government,
eager to catch the faintest intimation of Mudd's com-
plicity, and that not one of them has mentioned or
hinted at his name. Let it also be remembered, that
anonymous letters have been picked up in railroad-
cars, found in pigeon-holes at hotels, rescued from the
waves, and that the continent has been traversed and
the ocean vexed in search of proofs of the conspiracy,
its instigators, leaders, and abettors, and that in all
this written and oral testimony there is not a word
making the remotest allusion to Dr. Mudd. The
probabilities are as a thousand to one that he never
knew, or heard, or imagined, of a purpose, much less
plotted in a conspiracy, either to capture or to assassi-
nate the President. There is not only a failure to
show his connection affirmatively, but, if the rules of
law be reversed, and guilt presumed until innocence be
shown, then, I say, he has carried his proofs in nega-
tion of complicity to a point as near demonstration as
it is possible for circumstantial evidence to reach. I
once more concede that (if the Court accept Weich-
mann's statement) it is possible he may have talked
treason and plotted assassination with Booth and Sur-
ratt, but it is indefinitely removed from the probable;
and neither liberty nor life is to be forfeited upon
either probabilities or possibilities. I cannot bring
myself to fear that this Commission will sanction
what, in my judgment, would be so shocking and in-
defensible a conclusion.
If he and Booth had, at the alleged meeting in
January, confederated for the perpetration of one of
the most stupendous and startling crimes in the annals
of human depravity, who can doubt that frequent
meetings and consultations would thereafter have
THE liIPE OP DR. SAMUEIi A. MTJDD 105
occurred, and that they would have increased in fre-
quency as the time for the consummation of the atro-
cious plot approached ? Yet, though within six hours'
ride of each other, they had no meetings, no consulta-
tions, no intercourse, no communication, no concert,
but were in total ignorance of each other's movements
and purposes. Mudd was here the 23d of March, but
he was not here for the purpose of seeing Booth, nor
did he see him. He made no inquiry for him; did
not call at his hotel; saw none of his associates; did
not speak of him; did not, so far as appears, even
think of him. On the nth of April, only three days
before the frightful tragedy was enacted, Mudd was at
Giesboro, in sight of Washington. Booth was then at
the National Hotel; and if Mudd was leagued with
him, that was the time of all others, from the concep-
tion to the consummation of the deed, when he would
have seen and conferred with him. If Mudd was a
conspirator, he knew of Booth's presence here then;
yet he did not come to the city — did not inquire for
Booth, see him, hold communication with him, learn
whether he was in Washington or Boston, Nassau or
lyondon. Three days only before the frightful
tragedy — three days before the world was astonished
by its enactment! Imagine, if you can — if he was a
conspirator — what a tumult of thought and emotion
must have agitated him then— what doubts and mis-
givings — what faltering and rallying of resolution —
what invocations to "stop up the access and passage
to remorse" — and then ask your own hearts and judg-
ments if it is natural, or possible, that, at such a
moment and under such circumstances, he could
quietly have transacted the business that brought him
to Giesboro, then turn his back upon Washington,
indifferent to the failure or success of the events with
which his own life, the happiness of his family, and
106 THE LIFE OF DR. SAMUEL A. MUDD
all that was dear to him on earth, were bound up? If
a conspirator, he knew what had been, and what was to
be, done. He knew that the hour for the bloody busi-
ness was at hand, and that everything depended upon
the secrecy and success of its execution. Yet he was
indifferent. He sought no interview with his sup-
posed confederates — gave them no counsel or assist-
ance — took no precautions for security — gave no signs
of agitation or concern — ^but, in sight of the place and
the agents selected for the enactment of the horrible
deeds, turned his back upon them all, with an indif-
ference that bordered upon idiocy, quietly trafficked .it
Giesboro, and returned to the seclusion of his family
and farm. You know, gentlemen, that this is impos-
sible. You know that it could not have happened
without outraging every law of human nature and
human action. You know that at such an hour his
soul would have been shaken with the maddest storm
and tempest of passion, and that no mere business
afifair on earth could have seduced his thought for a
moment from the savage slaughter he had in hand. It
would have engrossed all his thoughts, and shaped all
his actions. No one can, in the strong light of the
evidence, believe he was a conspirator.'
I then confidently conclude that Dr. Mudd cannot
be convicted as a principal in the felony. He did not
participate in its commission, and was more than thirty
miles distant from the scene when it iwas committed.
He cannot be convicted as an accessory before the fact,
for the evidence fails to show that he had any knowl-
edge or suspicion of an intention to commit it. If,
then, he is to be held responsible at all, it is an acces-
sory after the fact. Does the evidence implicate him
in that character? What is an accessory after the
fact?
An accessory after the fact is when a person,
THE LIFE OF DR. SAMUEIi A. MXIDD 107
knowing a felony to have been committed, receives,
relieves, comforts, or assists him whom he knows to be
the felon. He must know that the felon is guilty to
make him an accessory, (i Chit. Crim. Law, 264.)
Any assistance given to him to hinder his being
apprehended, tried, or punished, is sufficient to convict
the offender — as lending him a horse to escape his
pursuers ; but the assistance or support must be given
in order to favor an illegal escape, (i Chit. Crim.
Law, 265.) If a man receives, harbors, or otherwise
assists to elude justice, one whom he knows to be
guilty of felony, he becomes thereby an accessory after
the fact in the felony. ( i Bishop's Crim. Law, 487. )
Obviously, a man to be an accessory after the fact must
be aware of the guilt of his principal; and, therefore,
one cannot become an accessory by helping to escape
a prisoner convicted of felony, unless he has notice of
the conviction, or at least of the felony committed.
(i Bishop's Crim. Law, 488.) The charge against an
accessory consists of two parts — first, of the felonious
situation of the principal ; and, secondly, of the guilty
knowledge and conduct of the accessory. It will thus
be seen that knowledge of the crime committed, and of
the guilt of the principal who is aided, and aid and
assistance after acquiring that knowledge, are all
necessary to charge one as accessory after the fact.
Now, let us apply the facts to the law, and see
whether Dr. Mudd falls within the rule. On the
morning after the assassination, about daybreak, Booth
arrived at his house. He did not find the Doctor on
watch for him, as a guilty accomplice, expecting his
arrival, would have been, but he and all his household
were in profound sleep. Booth came with a broken
leg, and his companion, Herold, reported that it had
happened by the fall of his horse, and that they had
come from Bryantown, and were going to Parson
108 THE lilFE OP DR. SAMUEL A. MUDD
Wilmer's. The Doctor rose from his bed, assisted
Booth into the house, laid him upon a sofa, took him
up stairs to a bed, set the fractured bone, sent him a
razor to shave himself, permitted him to remain there
to sleep and rest, and had a pair of rude crutches im-
provised for his use. For all this he received the
ordinary compensation for services rendered to
strangers. He then went to his field to work. After
dinner, while the day was still dark, and Booth still
resting disguised in his chamber, Mudd left the house
with Herold. Even though he had known of the
assassination, and that his patient was the assassin,
none of these acts of assistance would have made him
an accessoiy after the fact. "If a person supply a
felon with food, or other necessaries for his sustenance,
or professionally attend him sick or wounded, though
he know him to he a felon, these acts will not be suffi-
cient to make a party an accessory after the fact."
(Wharton's American Criminal Law, p. 73.) But he
did not know, and had no reason to suspect, that his
patient was a fugitive murderer. The most zealous
advocate would not venture to assert that the evidence
warrants such conclusion; much less will it be
assumed by one acting under the solemn responsibili-
ties of judge. Down, then, to the time Mudd left
home with Herold, after dinner, the evidence aflfords
no pretext for asserting he was an accessory after the
fact.
But if he was not thai an accessory, he never was.
It is shown that Herold turned back on the way to
Bryantown, and when Mudd returned he and Booth
had gone. And the evidence does not show that he
suspected them of having been guilty of any wrong,
until his wife told him, after they had gone, that the
whiskers of the crippled man fell off as he came down
stairs to go. True, Booth was guilty, and Mudd had
THE MFE OF DR. SAMUEL A. MXTDD 109
shown his companion the route to Wilmer's; which
was the only thing done by Mudd, from first to last,
that could have implicated him, even had he from the
■first knozvn the crime and the criminal. But when hf
did that, he did not know either ; for he did not know
the crime until he went to Bryantown, nor have even
the least suspicion of the criminal, until after Booth
had gone. I have read you the law — the scienter must
be shown. Things not appearing and not existing
stand before the law in the same category; and the
guilty knowledge not appearing in evidence, in the eye
of the law it does not exist. In this case it is not only
not shown, but is negatived by the evidence. The con-
clusion most unfavorable to Mudd which the evidence
can possibly justify is, that, having had his suspicions
thoroughly aroused Saturday night, he delayed until
Sunday noon to communicate them to the authorities.
"If A knows B hath committed a felony, hut doth not
discover it, this doth not make A an accessory after
the fact." (ist Hale's Pleas of the Crown, 6i8.)
"Merely suffering a felon to escape will not charge the
party so doing — such amounting to a mere omission."
(Whar. Am. Crim. Law, 73.) "
Can, then. Dr. Mudd be convicted as a conspirator,
or an accessory before or after the fact, in the assassi-
nation ? If this tribunal is to be governed in its find-
ings by the just and time-honored rules of law, he
cannot ; if by some edict higher than constitutions and
laws, I know not what to anticipate or how to defend
him. With confidence in the integrity of purpose of
the Court and its legal advisers, I now leave the case
to them.
CHAPTER VI
PRISON IvlFE AT FORT jEFiF'ERSON IN 1865, AS TOLD BY
DR. MUDD AND OTHERS.
A few days after my father left Washington
for the Dry Tortugas, my mother received this
letter from Sister Mary Rose, a former teacher,
and a cousin, and a sister of Dr. George D.
Mudd:
From our Monastery of Frederick,
July 19, 1865.
My own dearest Frank :
I need not, my very dear child, assure you how
bitterly and sincerely I have grieved with you and for
you in these past days of our affliction and anguish.
And how ardently too I have sought God for grace
and strength to sustain and support you and our loved
ones while the storm passed by. You know me too
well, darling, to doubt of my tender sympathy for you
even in smaller trials, and if I have been silent for a
while may not my very silence have told you that I
have been too sad, too sick at heart, even to write?
Our poor dear Sam ! What a siege of suffering he
has gone through and for an act of charity. How
wonderful and hidden are the ways of God! And it
is not for us to question these mysterious ways of His
providence. It is our part only to join our hands in
humble submission, deeming ourselves happy even to
be thought worthy to suffer for His Holy Name's
Sake.
Yes, believe me, my heart has been with you and
the rest of our dear afflicted friends, and although the
THE LIFE OF DR. SAMUEL A. MUDD 111
cross for me has been very, veiy heavy, gladly, had it
been possible, would I have borne a greater portion to
have relieved you and others. But I trust now the
end is near, and that our dear one will soon again
rejoin his own happy family, which I am sure will then
be even happier than ever.
I have had kind letters from each of my brothers
regarding Sam and they have grieved for him as for
an own brother; indeed, my heart has been touched
even to tears to see their solicitude and tender devotion
for him. George's last gave me much consolation.
"The Government," he says, "in all its endeavors
has been unable to prove anything against our own
dear friend and relative, Sam. The Military Court,
however, will be harsh with him I fear ; but even so,
no matter, we will have everything prepared to obtain
his speedy release and return to his interesting and
lovely family," etc. Alice Burch said she would tell
you the rest.
Please give kind and tender love to dear ones, and
believe me. Your cousin,
Siste;r Mary Rosb.
Not knowing where my father had been
sent, my mother wrote to General Ewing and
enclosed a letter for him. General Ewing at
the time was away, and before his return my
mother had received a letter from my father,
which was mailed at Charleston. As soon as
General Ewing returned, he answered her let-
ter in the following terms :
Washington, July 31, 1865.
Dear Madam :
I was absent with my family when your letter of the
nth of July was received, enclosing letter addressed
112 THE LIFE OF DR. SAMUEL A. MXIDD
to your husband, and only returned a few days ago.
I have sent your letter to the Secretary of War with a
request that he will cause it to be sent to wherever the
Doctor now is. I do not know where he has been sent,
but it will be known soon I guess. If he has gone to
the Tortugas, nothing can be done in his case until the
Supreme Court sits, which will be next December.
Your affidavit, with the affidavits of Doctor Bland-
ford, Sylvester Mudd, and Mr. Dyer, were laid before
the President accompanied with a letter from me to
him showing the relation of the facts stated in your
affidavit to the other evidence. He read the papers,
and informed me that the sentence would not be
changed by him as at present advised. So there is no
hope for the Doctor's release, except from the courts
or from Congress.
I regret very greatly on your account, as well as his,
that my hopes of his speedy release are frustrated, or
likely to be, by the removal of your husband beyond
the jurisdiction of an established State Court, and that
the President will not give to your evidence the weight
it deserves. You should seek comfort, however, in the
reflection that the vindictive and energetic effort to
take his life failed, and that he will be returned to you
before many months in spite of all that can be done by
the Administration to keep him imprisoned. If he is
sent to the Tortugas, the place is better for his health
than almost any other. The island is dry, and the
climate good. Rely on it, wherever he has gone his
sanguine temperament will buoy him up, and preserve
his health and strength. You doubtless saw in the ac-
count of their trip to Fort Monroe, that the Doctor
was in excellent spirits.
With very best wishes for you and your family,
1 am, Y^T^ truly your friend,
Thomas Ewing, Jr.
THE LIFE OF DR. SAMUEL A. MUDD 113
A letter of Mr. R. T. Merrick, advisory coun-
sel for the defense, written to Dr. J. H. Bland-
ford, my father's brother-in-law:
Washington City, August 12, 1865.
J. H. Blandford, Esq.
Dear Sir: Yours of the 8th instant, with the en-
closed letters, were received a few days since, on my
return from the country. On reflection, I think it bet-
ter not to enclose the letters, but will leave them with
the young man in my office, in an envelope addressed
to you, and should I not be in when you call, you can,
therefore, get them.
After reading and carefully considering the letters,
I have concluded that their publication could do no
good, and might do harm. Let this cruel and unfor-
tunate affair rest quiet for the present. It will wake
with greater vigor when the time comes to arouse it.
When the time does come, I will let Mrs. Mudd
know. When you are in the city call and see me, and
we will exchange views in regard to the subject.
Present my kindest regards to Mrs. Mudd when you
see her. She must exercise patience and fortitude in
her afflictions, and abide the day of her deliverance.
Very truly yours, etc.,
R. T. MURRiCK, Atty.
The following letter explains itself. It gives
credence to rumors never authenticated. The
result was that my father was put in chains and
subjected to most rigorous restraint:
Louisville, Ky., August 17, 1865, 9 A. M.
Hon. T. T. Echert,
Actg. Asst. Sec. of War :
I have important papers. I think the commanding
officer at the Dry Tortugas should be put on his guard
114 THE LIFE OP DR. SAMUEL A. MUDD
against an attempt to rescue the State prisoners in his
charge.
A company is organizing in New Orleans for that
purpose. I have all the facts from a reliable source.
(Signed) L. C. Baker,
Br. Gen'l Pro. Mar. War Dept.
A true copy:
A. G. Office, Aug. 17, 1865.
E. D. TowNSEND, Asst. Ad j .-Gen.
The second letter my mother received from
her husband, after being taken from Washing-
ton to the Tortugas. The one written her by
him, and mailed from Charleston, was lost.
Fort Jefferson, Dry Tortugus, Florida,
August 24, 1865.
My Dearest Frank:
To-day one month ago we arrived here. Time
passes very slowly and seems longer than that period —
years gone by, apparently no longer. What do you
think? I have received no letter or news whatever
from home since being here. One or two of those
who came down with me have received letters, con-
taining no news, and do not advert to the possibility or
the subject of release.
You know, my dear Frank, that that subject is the
all-absorbing one of my mind. Frank must be sick —
the little children are sick — some may be dead, or some
other misfortune has happened, are questions fre-
quently revolving in my mind and heart, and the dear
ones at home are unwilling to break the cruel intelli-
gence to me.
My dear Frank, were it not for you and those at
THE LIFE OF DR. SAMUEL A. MTIDD 115
home, I could pass the balance of my days here per-
fectly content or satisfied. Without you and the chil-
dren, what is life for me — a blank, a void. Then, my
dear Frank, if you have any regard for me, which you
know I have never doubted, let me hear from you and
often. I have written to you by every mail that has
left this place, and surely some have been received. I
wrote to you aboard the boat before arriving here.
Mail, sometimes, arrives here in five days from New
York.
This place continues to be unusually healthy, and the
only fear manifested is that disease may be propagated
by the arrival of vessels and steamers from infected
ports. At this time there is a vessel lying at quaran-
tine with all hands aboard sick with fever of some de-
scription,— several have died, and there is not one well
enough to nurse the sick, — no volunteers from among
the prisoners going to them, so the chances of life are
small.
I am now in the hospital. I have little or no labor
to perform, but my fare is not much improved. My
principal diet is coffee, butter and bread three times a
day. We have had a mess or two of Irish potatoes and
onions, but as a general thing vegetables don't last
many days in this climate before decomposition takes
place. Pork and beef are poisonous to me; and mo-
lasses when I am able to buy it, and occasionally
(fresh) fish, when Providence favored, are the only
articles of diet used. I am enjoying very good health,
considering the circumstances.
Sweet, dearest Frank, write to me soon on the re-
ceipt of my letter. I am afraid letters have been inter-
cepted from either you or myself. If I don't hear
from you soon, I am afraid I will become alike indif-
ferent and careless. I have written to Jere, Ewing,
116 THE LIFE OF DR. SAMUEI; A. MTJDD
Stone, Ma and Papa some several letters— others, one
or two, and not one syllable have I received.
I am afraid when the silence is broken, the news
will be so great as to endanger the safety of the boat.
My dear Frank, I have nothing to interest you — sev-
eral hundred prisoners have been released and gone
home recently to their families.
My anxiety increases upon the arrival of every boat
and mail, and I envy the departing homeward bound.
Give my love to all — kiss the children and believe me,
truly and sincerely,
Your husband,
S. A. MUDD.
Shortly after receiving the following letter
from General Ewing, my mother went to
Washington to see the President. President
Johnson told her that if Judge Holt would sign
papers for my father's release, he (President
Johnson) would. Then my mother left the
White House for Judge Holt's office. There
she told him what the President had said; his
brow darkened, and he simply remarked, "Mrs.
Mudd, I am sorry, I can do nothing for you."
Washington, August 31, 1865.
My dear Madam :
I have received yours of the 28th instant, and next
day one from the Doctor written in excellent spirits.
He is doing a great deal better than he would have
done at Albany, and is evidently bearing himself with
Christian and manly fortitude. I will write him an
encouraging letter, and will not neglect to seize the
best occasion to attempt his release by legal means.
I think the next time you are here you had better
THE MPE OF DR. SAMTJEIj A. MTIDD 117
call to see Judge Holt, who has spoken to me twice of
you highly, and asked about you and your children.
I think you have made some impression on the old
gentleman. In all these matters, his opinion will guide
the action of the President.
When Mr. and Mrs. Browning return from Illinois,
which will be about the 20th of September, I will show
him your letter. He feels a deep interest in the Doc-
tor, and a conviction of his entire innocence.
Do not worry too much. You and the Doctor are
both young, and will yet live a long and happy life to-
gether.
In haste,
Sincerely your friend,
Thomas Ewing, Jr.
This letter is explained in that of August
12toDr. J. H. Blandford:
Washington City, September i, 1865.
My dear Mrs. Mudd :
About three weeks since I received a letter from Dr.
J. H. Blandford requesting me to examine two letters
from your husband to you, and determine whether it
would be expedient to publish any portion of them.
I replied to Dr. Blandford, telling him that I thought
it would be inexpedient to publish anything at this
time, and asking him to call at my office, when in town,
and get your letters. I have since heard nothing from
him.
L,est my letter to him may not have reached its des-
tination, I now write you. I have your letters, and will
take care of them, subject to your order.
I regret that I have no news for you, and hope that
118 THE LIFE OF DR. SAMUEL A. MUDD
you are waiting the coming of a better day with forti-
tude and patience.
With great respect,
Your true friend,
R. T. Merrick.
The following order was issued upon the in-
formation contained in the letter of L. C.
Baker, brigadier-general, dated August 17.
1865:
Hd. Qrs. Dist. of Florida,
2d Separate Brigade D. F.,
Tallahassee, Sept. 3, 1865.
To The Comd'g. Officer,
Sub. District of Key West.
Sir : Official information has been received at these
Headquarters from Washington that a plot exists to
release the prisoners at Fort Jefferson. You will take
the proper precautions to prevent any uprising of the
prisoners, and in case you find this information to be
correct take measures to ferret out the leaders and
place them in irons.
By command of Brig.-Gen. Newton,
A. C. Pretz,
ist Lt. and A. A. A. G.
Fort Jefferson, Dry Tortugas, Florida,
September 5, 1865.
My dear Prank :
A transport has just arrived and will take off at
least a hundred prisoners, thereby thinning our ranks
considerably. I am so credulous or hopeful as to ex-
pect my release upon the arrival of eveiy steamer, and,
not receiving, feel disappointed.
I have received but one letter since being cast upon
this desolate, barren isle, and that was from your lov-
THE liLFE OF DR. SAMUEL A. MXIDD 119
ing self, dated August 9. I have written between thirty
and forty letters to various ones. I have written at
least half a dozen to General Ewing, and Stone three
or four. Jere and others as many each. I am truly
anxious to know whether they intend to keep me here
this Administration — I want to know the public opin-
ion.
I have had several opportunities to make my escape,
but knowing, or believing, it would show guilt, I have
resolved to remain peaceable and quiet, and allow the
Government the full exercise of its power, justice and
clemency. Should I take French leave, it would
amount to expatriation, which I don't feel disposed to
do at present.
When you write, do not fail to enlighten and ad-
vise me upon all these points. I am with you, my dear
Frank, whatever may be your resolve — my only de-
sire for life is the assistance I may be capable of af-
fording to you, our dear little ones, Pa, Ma and fam-
ily. Were it not for these considerations, apart from
the odium, I could remain here in contentment the bal-
ance of my days.
When you write, send me newspaper extracts or
clippings that may be favorable or otherwise toward
us, or to me. When you are reading over the papers,
and see anything likely to interest, cut it out and en-
close in your letters. At the same time, don't fail to
mention all new developments that have arisen since
our trial, whether any more arrests have been made,
and all particulars concerning.
I want to know whether Ewing is doing anything,
and whether any other influence has been brought to
bear. I feel considerable disappointment in not hear-
ing from either Stone* or Ewing. I wrote to Ewing
*Frederick Stone, one of my father's legal advisers, afterward
a judge of the Court of Appeals of Maryland.
120 THE LIFE OP DR. SAMUEI, A. MUDD
at the same time I wrote to you on the boat bound to
this abominable place. He could judge well, from
that first letter, that I made no such admissions or con-
fessions as reported by the various Northern newspa-
per reports. I have lost all confidence in the veracity
and honesty of the Northern people, and if I could
honorably leave the country for a foreign land, I be-
lieve our condition would be bettered. There was
never before a more persistent effort to criminate and
to blast one's character and fortune than was resorted
to in my case. What could not be effected by fair
means, was done by foul — and villainy, and all for the
almighty dollar. I saw no love and no patriotism.
Had these virtues existed, I should have had a re-
ward (although not asked nor expected) instead of the
treatment received.
My dear Frank, I have nothing to mention worthy
of interest. I am well in body. I am often cast down
by depressing thoughts about you and all near and dear
to me. I sometimes in my dreary walks look home-
ward, and feel an involuntary gloom and despondency
to come over me. The thought often arises, or the
question is asked within myself, "Shall I ever see home
again, or those fond ones left behind?" God alone
knows and can answer.
Good-by, my dearest Frank and all. Kiss the chil-
dren and write soon and often,
S. A. MUDD.
My father unfortunately, on the 25th of Sep-
tember, 1865, endeavored to effect his escape.
He stated after his release that he intended,
had his effort been successful, to reach some
point where the writ of habeas corpus was in
force, surrender himself to the proper authori-
THE I/IFE OP DR. SAMXJEL A. MUDD 121
ties, and then have the writ sued out in his
behalf. The disastrous result of his unsuccess-
ful attempt i'B shown in the order and report
that follow:
Headquarters Port Jefferson, Fla.,
September 26, 1865.
Captain H. A. Harris,
8oth U. S. C. I., Pro. Mar.
Capt: By direction of the Major Commanding,
you will see that Dr. Sam'l A. Mudd is placed at "hard
labor." Let him be detailed in the Engineer Dept. to
wheel sand. And hereafter, when any boat arrives,
he will be put in the dungeon and kept there until it
departs, and in future no favors of any kind will be
shown him.
Very respectfully, your obdt. servt,
H. S. Manning,
2nd Lieut Both U. S. C. I., Post Adj't.
Headquarters Fort Jefferson, Fla.,
September 27th, 1865.
Captain E. C. Woodruff,
Actg. Ass't. Adj't Gen'l.
Dep't. of Florida.
Sir, I have the honor to report, that, on the 25th
ins't. Dr. Samuel A. Mudd, one of the Conspirators,
sentenced to this place for life, made an attempt to
escape.
Since he has been in confinement here, he has been
employed in the Prison Hospital, as Nurse and Act-
ing Steward. When he came here, it was noticed that
he immediately adopted the same clothing as worn by
other prisoners. Although he had good clothes of
his own. On the day he attempted to escape he put
122 THE MPE OF DR. SAMUEIi A. MXTDD
on one of the suits he brought with him and in some
way got outside the Fort to the Wharf, where the U.
S. Transport, Thos. A. Scott, was lying. He went on
board that boat and, (with the assistance rendered
him by one of the Crew, Henry Kelly), secreted him-
self under some plank in the lower hold. After a
short search he was found and I put him in irons, into
one of the dungeons. I also ordered the arrest of the
man Kelly, and put him in close confinement.
Dr. Mudd's statement is that Kelly promised to as-
sist him but had not done so. While Kelly denies
knowing him or ever having seen him. Enclosed T
forward the deposition of Jas. Healy, Coal passer on
the steamer, which clearly proves that Kelly has told
a falsehood. He has the appearance of being a hard
case, and his reputation on the boat was bad.
I am very respectfully
Your obedient serv't.,
Geo. E. Wentworth,
Major 82nd U. S. C. Inf'ty.,
Commandingf Post.
'&
The above is a literal copy.
CHAPTER VII
PRISON LIFE IN 1865, CONTINUED — ATTEMPTED
ESCAPE, AS TOED BY MY EATHER
Letter from my father to his brother-in-law,
Mr. Jere Dyer:
Fort Jefferson, Tortugas Island, Fla.,
September 30, 1865.
My dear Jere :
I wrote to you and Frank by the last steamer, but at
the same time intended to arrive before it. Provi-
dence was against me. I was too well known and
was apprehended five or ten minutes after being
aboard the steamer. They were so much rejoiced at
finding me, they did not care to look much farther;
the consequence was, the boat went off and carried
away four other prisoners, who no doubt will make
good their escape. I suppose this attempt of mine to
escape will furnish the dealers in newspapers matter
for comment, and a renewal of the calumnious charges
against me. Could the world know to what a de-
graded condition the prisoners of this place have been
reduced recently, they, instead of censure, would give
me credit for making the attempt. This place is now
wholly guarded by negro troops with the exception
of a few white officers. I was told by members of the
i6ist N. Y. V. Reg., that so soon as they departed,
the prisoners would be denied many of their former
privileges, and life would be very insecure in their
hands. This has already proved true; a parcel of
new rules and regulations have already been made and
124 THE LIFE OF DR. SAMUEIi A. MTJDD
are being enforced, which sensibly decreases our
former Hberties.
For attempting to make my escape, I was put in the
guard-house, with chains on hands and feet, and
closely confined for two days. An order then came
from the Major for me to be put to hard labor, wheel-
ing sand. I was placed under a boss, who put me to
cleaning old bricks. I worked hard all day, and came
very near finishing one brick. The order also directs
the Provost Marshal to have me closely confined on
the arrival of every steamer and until she departs. I
know not how long this state of things will continue.
I have arrived at that state of mind at which I feel
indifferent to what treatment I am subjected. The
i6ist N. Y. Reg. were very kind and generous to me,
and I was as much induced by them to make the at-
tempt to take French leave as my own inclination and
judgment dictated. I am now thrown out of my
former position, chief of dispensary, and not likely
to be reinstated. I know not what degree of degrada-
tion they may have in store for me. I was forced,
under the penalty of being shot, to inform on one of
the crew who promised to secrete me aboard. They
have him still in close confinement, and will likely try
him before court martial for the offense. I have
written a note to the Major and have seen the Pro-
vost Marshal, and have taken upon myself the whole
blame and responsibility of the affair, yet they pay
little or no attention, and the young fellow is still kept
in close confinement.
I don't regret the loss of my position. Take away
the honor attached, the labor was more confining than
any other place or avocation on the island. At the
same time it relieved me of the disagreeable necessity
of witnessing men starve for the nutriment essential
for a sick man, when it could be had with no trouble
THE LIFE OF DR. SAMUEL A. MtlDD 125
and but a little expense. Four prisoners have died
during the short time I have been here; the last one
died the morning I made my attempt to escape. Not
a single soldier or citizen laborer has died or suffered
with any serious sickness; thereby showing some-
thing wrong, something unfair, and a distinction
made between the two classes of individuals. Every
case of acute dysentery or diarrhea among the prison-
ers, either dies in the onset or lingers on and terminates
in the chronic, which eventually kills.
We have a disease here which is termed bone fever,
or mild yellow fever, which has attacked at least three-
fourths of the inmates of the Fort. It lasts generally
but two or three days ; during the time, the patient im-
agines every bone will break from the enormous pain
he suffers in his limbs. None has died with it.
I have not been a day sick or unwell, owing no doubt
to the fact of my thoughts being concentrated upon
home, my dear Frank, and the children. Little did I
think I would ever become the veriest slave and lose
the control of my own actions, but such, unfortunately,
is too true, and God, I suppose, only knows whether
these misfortunes will terminate with my frail exist-
ence, or that after being broken down with cares and
afflictions of every kind, I be returned to my family a
burden, more than a help and consoler. My only hope
now is with you and the influence you can bring to
bear. To be relieved from my present situation, I
would be willing to live in poverty the balance of my
days with Heaven my only hope of reward. If money
be necessary, sell everything that I possess, and what
might be allotted by poor Papa from his already ex-
hausted means.
I feel that I am able now, and have resolution to
make a decent living in any section of the world in
126 THE LIFE OP DR. SAMUEL A. MUDD
which I am thrown by the Grace and Providence of
the Almighty.
It strikes me that the Hon. Reverdy Johnson, Mont-
gomery Blair, and many others whose principles and
opinions are growing daily more popular — their in-
fluence could be easily brought to bear in my behalf.
You fail to give me any idea of what was being done
or any reasons for me to hope for relief by any cer-
tain time. You may have omitted this for prudential
reasons. I have been too careless in my language
among the evil disposed. They have never failed to
misinterpret my language and meaning, and to omit
everything having a tendency to exonerate me.
Knowing this, I shall be the keeper or guardian of
my own thoughts and words for the future. I never
knew how corrupt the world was before being visited
by my recent calamities and troubles. They have
shamefully lied and detracted everything I have said
or done — a privilege for the future they shall never
have.
No doubt they will get up a great sensation in re-
gard to my attempted escape. Some thirty or forty
have made their escape, or attempts to do so, since I
have been here, and there never was anything thought
of them. Since my unlucky attempt, everything seems
to have been put in commotion, and most unfounded
suspicions, rumors, etc., started.
My only object for leaving at the time I attempted,
was to avoid the greater degradation, and insecurity
of life, and at the same time be united again with my
precious little family. I don't perceive why there is
so much odium attached, as the authorities, by their
harsh and cruel treatment, endeavor to make believe.
I will soon be returned to some duty more com-
patible with my qualifications. In the mean time, as-
sure Frank and all that I am well and hearty, and as
THE MPE OF DR. SAMUEL A. MUDD 127
determined as ever. Write soon. Give my unbounded
love to all at home, and believe me most truly and de-
votedly, Yours, etc.,
S. A. MUDD.
Oct. 1st. — I am constrained before mailing this, to
acquaint you with the following: The young man
Kelly, and Smith who was locked up with him, and
bound with chains and thrown in a place they denomi-
nate the dungeon, on my account, freed themselves
from their chains, broke out the iron-grated window,
let themselves down frorp the window by the chains
with which they were bound, stole a boat, and made
good their escape last night.
Smith was one of the most outrageous thieves that
ever walked. You would marvel to hear him tell of
his wonderful feats and thefts. Kelly promised to
secrete me aboard the steamer, and to save my life. I
was necessitated to inform on him. He was brought
to the same room in which I was locked. He excused
me, and said that the Commandant was a fool to think
that they could hold him upon this island, which has
proved too true. The authorities are no doubt much
disappointed and chagrined at this unexpected occu'-
rence. I feel much relieved.
Yours as ever, etc.,
Sam.
Fort Jefferson, Dry Tortugas, Fla.,
October 5, 1865.
My dear Jere :
A vessel is about leaving port. I take advantage of
it to drop you a few hasty lines. I forgot to mention,
in the letters previously written, to inform you that
none of the drafts, that I drew upon you, will be pre-
128 XHE LIFE OF DB. SAMUEL A. IHUDD
sented for payment. I was fortunate in being able to
borrow twenty-five dollars; the check, so soon as I
can obtain the money, will go to liquidate it. I shall
endeavor to be as economical as possible, knowing to
what straits my family has been already reduced. The
only need I have for money is to purchase a few
vegetables, and supply myself with tobacco. The only
article of clothing I need is shirts. The Government
furnishes flannel shirts, which I find very pleasant in
damp weather, but very disagreeable and warm in dry
sunshine.
If the friends of Arnold and O'Laughlin should send
a box of clothing to them, you may put in a couple of
brown linen, or check linen, shirts and a couple pairs
cotton drawers. You may not bother yourself to this
extent if you anticipate an early release. My clothing
is sufficient to come home in. I will need no more
money before the first of December, or latter part of
November. It generally takes a letter ten or twelve
days to reach this place, so anticipate the period, and
send me twenty-five dollars in greenbacks. Address
your letters to me, and not in care of any one, and I will
get them without fail. Write me soon and let me know
whether my attempted escape caused much comment in
the Northern papers. I fear it will have the effect to
again agitate the question. I had written so often and
desired information and council, that I became truly im-
patient and vexed. I expected to hear something from
Ewing or Stone, but not a word have I received from
either. I received a letter a few days ago which ga /e
me more consolation and hope than any yet come to
hand, from Henry.* Had I received such a letter
earlier I would have been content, and would never
have acted as I did. I would have succeeded, only for
meeting a party aboard, who knew me, before I could
*His brother.
THE LIFE OF DB. SAMUEIi A. MTJDD 129
arrive at my hiding-place. I was informed on almost
immediately, and was taken in custody by the guard.
I regret only one thing, being necessitated to inform
on the party who had promised to befriend me. It
was all done by the mere slip of the tongue, and with-
out reflection ; but perhaps it was all providential. He
is now free, having made good his escape with a
notorious thief with whom he was locked up. I under-
stand, after escaping from the dungeon, in which they
were confined, they robbed the sutler of fifty dollars
in money, as much clothing as they needed, and a
plenty of eatables in the way of canned fruits, pre-
serves, meats, etc. Six prisoners made good their
escape on the same boat upon which I was so tmfor-
tunate. It seems they were too much elated to look
farther after my apprehension.
I am taking my present hardship as a joke. I am
not put back in the least. I will soon assume my
former position, or one equally respectable. The only
thing connected with my present attitude is the name,
and not the reality. I have no labor to perform, yet I
am compelled to answer roll-call, and to sleep in the
guard-house at night. This will not last longer than
this week. Write soon, give me all the news, and
continue to send me papers. I have received several
from you, Frank, and some have been sent from New
York by unknown parties, which afforded me consid-
erable recreation. Give my love to all at home, and
send this, after reading, to Frank, so that she may
know that I am well, etc. I am sorry Tom is going
to leave so early. I am under the greatest obligations
to him for interest and kindness manifested. I am in
hopes my release won't be long deferred, when I shall
be able to see you all.
Samuel Mxjdd.
130 THE LIFE OF DR. SAMUEL A. MtlDD
The following pointed and manly letter from
Hon. Charles A. Eldi-edge, Representative in
Congress from the Fourth Congressional Dis-
trict of Wisconsin, to Judge-Advocate Holt,
speaks for itself:
[From the Ohio Crisis, October ii, 1865.]
Fond du Lac, September 25, 1865.
Judge-Advocate-General Holt.
My Dear Sir: The folowing circular letter ad-
dressed to me has been duly received, to wit :
"War Department,
"Bureau op Miwtary Justice,
"Washington, September 12, 1865.
"By direction of the Secretary of War a number of
copies of the argument of Hon. John A. Bingham in
the case of the assassin conspirators, and also a number
of copies of the opinion of Attorney-General Speed,
are sent enclosed in envelopes to you, in order that
they may be well distributed throughout your district.
It is especially desirable that the legal profession
should be furnished with the information which these
documents contain.
"J. HolT, Advocate-General."
The copies of the argument and opinion which you
desire "may be well distributed" in my district, are
also received. The importance of it to yourself and
the Secretary of War may or may not justify the large
expense consequent upon the publication and distribu-
tion. The people of my district will not, I presume,
mind the expense in these times of light taxation.
But I trust you will pardon me the suggestion that
THE LIFE OP DB. SAMUEL A. MUDD 131
black and horrible as is the crime in the consideration
of all good men, of the assassination of President Lin-
coln, neither the blackness of that crime nor the argu-
ments and opinions of those learned gentlemen, will
prevent my constituents, and when the history thereof
comes to be written, posterity generally, from brand-
ing military trials of civilians as infamous violations
of the Constitution and laws.
Do not, I pray you, flatter yourself that you and the
Secretary of War can, by the circulation of these docu-
ments at your own or the people's expense, convince
your countrymen that arrests without warrant, impris-
onment without trial, sentences without conviction,
trial without indictment or jury, and the worse than
mockery of your victims in military trials, are any-
thing but crimes — gross outrages of the people's rights
and liberties, and violations of the people's Constitu-
tion. Respectfully,
Charles A. Ei/DRSdge.
The documents forwarded Mr. Eldredge for
distribution, intended as a defense of military
commissions for the trial of citizens, were
printed at the expense of the people, and were
forwarded by mail free of postage.
Fort Jefferson, Dry Tortugas, Florida,
October i8, 1865.
My dearest Frank :
You will no doubt, ere this reaches you, see some
mention in the newspapers of my effort to get away.
I learn from a friend a pretty lengthy account has been
sent on for publication. My dear Frank, it is bad
enough to be a prisoner in the hands of white men,
your equals imder the Constitution, but to be lorded
132 THE LIFE OP DR. SAMUEL A. MUDD
over by a set of ignorant, prejudiced and irresponsible
beings of the unbleached humanity, was more than I
could submit to, when I had every reason to believe my
chances of escape almost certain, and would be
crowned with success. Connected with this inspiring
hope, and an early union with you and our precious
little children, the higher-minded and unprejudiced
mind would rather give me credit than blame for the
attempt. Why should I be expected to act more hon-
orable than my persecutors, who sent me here ? Have
they not, from the beginning to the present, endeav-
ored to degrade and humiliate by previously unknown
and unheard of tortures and cruelties even in an un-
civilized community, to lower us, the victims of injus-
tice, beneath the dignity of the brute creation ?
My darling wife, when I am capable of beholding
with a serene eye the mild and beneficent sway of the
Fathers of the Republic, and the former prestige of
the American Flag, the shield, the protection of the
citizen, be he at home or in a foreign land, vindicated,
then I shall calmly and patiently submit. I am
resolved henceforth to yield my opinion, and bear up
against all the indignities and hardships they can heap
upon me, to the better judgment of my advisers, to
God, and the justice of my cause.
You need have no further apprehension regarding
my conduct. I have not had a cross word with an
individual, soldier or prisoner, since I have been
closeted upon this island of woe and misery. I have
striven to the utmost of my ability to render myself
and those around me comfortable, visiting the sick,
and saving my scanty means to the last dime. So for
the future, make yourself easy, and rest assured that I
will be guilty of no act that will ever have the tendency
to compromise my cause. I think hard of my law-
yers ; they know how ignorant I am of law, and they
THE LIFE OF DR. SAMUEL A. MUDD 133
should have extended all the necessary advice and
counsel, which I repeatedly asked for. No mortal
mind can appreciate the feelings of one who has been
so foully dealt with, and separated suddenly and vio-
lently from family and all near and dear, and banished
hundreds of miles away, — no opportunities afforded of
being visited, and but imperfect and irregular mail
facilities, for no fault, and for having done my duty
to God and man. To bear patiently under such cir-
cumstances requires more than human strength. I
trust my present good resolutions will be supported by
grace from above, through the prayerful mediation of
you and all.
I fear, my dear Frank, you may be in need of
money, etc. I enclose in this some medical bills. Try
to collect them. You may think and say, "What is
the use of all this, Sam will be home time enough to
attend to it himself," but take my advice, and do not
rely too much on hopes. Make sure of this means;
pay off hirelings, and purchase all necessary family
supplies for yourself and children. Make provision
always for a more unpropitious day. The time may
be close at hand when you may be reduced to an even
worse condition than at present. I perceive a betrayal
of your anticipations and hopes by the kind offer to
send me clothing, money and other articles. If my
release is to be so speedy, there will be no necessity for
them. I can come home in anything. I have learned
to disregard the mocks and jeers of this cold and un-
charitable world. If it was no fault of my own, I
would take a delight in walking the streets of New
York on my way home on my knees; but if Provi-
dence favors me with a speedy release, I will return
by way of New Orleans and through the South.
On the 1 2th, three more prisoners made good their
escape, taking a boat just from under the eyes of the
134 THE IjIFE OF DB. SAMTIEIi A. MUDD
guard in open daylight, about 12 o'clock, and suc-
ceeded in getting some eight or nine miles before the
loss of the boat was discovered, when they observed
it was useless to pursue. These cases never will be
known to the public ; but cases in which party interests
are involved, will find no opportunity of escaping.
Since my effort to get away, eleven have made
good their escape, all of whom were sentenced for a
long period of years. Do not view my act with dis-
honor. I am a prisoner under guard, not under a
parole, and under no obligations to remain if I can
successfully evade and free myself. You will, when
you write, inform me whether the act has, or will have,
any injurious tendency, also send me the comments
of the press, should there be any. When you see any
article in the papers to which you wish to direct my
attention, mark it around with a lead pencil or pen.
You may rely upon my remaining perfectly quiet and
content, until I receive a hint from you to act to the
contrary. I am for the shortest road home, no matter
how difficult. My letters for the future will not be
so lengthy. I will write every opportunity, but we
fear, owing to a recent change in the government of
the Post, will be denied many of our former privileges.
Arnold was clerk in the Provost Marshal's office,
and without any cause assigned, has been ordered to
hard labor. We will endeavor to deport ourselves as
always, as true gentlemen and as men conscious of
innocence, and of the gross wrongs and injuries
inflicted. Be assured and satisfied that the ills we
now suffer proceed from no act of mine, or ours. I
am compelled to sleep now in the guard-house, but I
am presumed to be doing hard work. It is of little
importance as regards labor. Those assigned to
active duty are generally the healthiest, which is more
than a compensation for the change.
THE LIFE OF DR. SAMUEL A. MUDD 135
My heart almost bleeds sometimes when I think of
you and our dear little children, and the many pleasant
hours we used to aijoy together. I feel they will be
too large for me to handle when I shall be a free man
again, and be able to return to you. My love and
devotion appears to increase with every day. With •
the change from the white to the colored regiment,
many of our former privileges have been denied ; yet
we are determined not to give them the least cause to
complain, and for the future I am determined not to
leave or make an attempt without the proper authority.
I would not have thought of such a thing, were it not
for a change in the government of the Post.
Give my love to all. Ma, Pa, and all the family, and
tell them to write. I am consoled by every letter. I
don't wish you to write anything that may have a
tendency (if made public) to be detrimental to my
cause. Letters are no doubt read by for that
purpose, and notes taken of them, and then suffered to
proceed. The last letter I received, was dated Septem-
ber 22, and mailed from Baltimore October 8. Exer-
cise prudence. I don't expect you will be able to do
much until after the trial of Wintz, Davis & Co.
Good-by, my sweet, precious wife and dear little
ones. God bless you all.
Yours, etc.,
S. M.
Fort Jefferson, Tortugas, Florida,
October 23, 1865.
My dearest Wife :
I wrote you on the loth and nth. Since then
orders have been promulgated to look into all corres-
pondence leaving the Post, as well as those arriving,
so for the future you need not trouble yourself to be
lengthy or make public your domestic affairs. I am
136 THE LIFE OF DR. SAMUEL A. MUDD
very well, although at present confined to a small damp
room with Arnold, O'Loughlin, Spangler, and a
Colonel Grenfel, formerly an English Officer, but
recently of the Confederate Army. What has led to
this treatment, we are at a loss to account. We have
all deported ourselves as gentlemen, and as Christians.
Do not let this trouble you, I have already borne worse,
and I am in hopes, through the mercies of God, to live
through these hardships and be a consolation to you
and my dear little family. We are now guarded by a
negro regiment. Good-by. Pray for me, and give
my love to all.
Your devoted husband,
SamuEi. Mudd.
E'' ■■
The following letter from my uncle, Mr.
Jere Dyer, to my mother, gives some idea of
the efforts that were being made to secure my
father's release:
Baltimore, November 6, 1865.
Dear Frank:
Your truly welcome letter did not reach me until
this morning, and ex-Governor Ford of Ohio did not
leave here until Wednesday. He promised to call to
see me before leaving, but failed to do so. He sent
a gentleman to see me to apologize for not calling, and
also to tell me he met with every success. He had
several interviews with Webster, who was in Congress
last winter, but is now Collector of this port, having
recently been appointed by the President, and he is
decidedly in favor of his release. He has promised
the Governor his influence, and also told his messenger
that everything was working to his entire satisfaction,
and he was quite sanguine of success. God grant it;
THE lilFE OF DR. SAMUEL A. MUDD 137
but still, my dear child, be not too sanguine, for you
know everything in this Hfe is very uncertain. We,
too, have our part to perform, namely : send our peti-
tions to Him who is mightier than man. He may not
at first hear us as speedily as we wish, but He has
promised that whatever we ask in His name, will be
granted. He will not refuse much longer, and will
soon return him to you.
I am sorry to hear you have another case of typhoid
fever. It seems indeed you have your full share of
trouble; but, my child, you must try and be patient,
and bear them with Christian resignation, and God
will send you your reward.
Poor Cousin Henry — ^it seems fate is bearing hard
on him. How I pity him. He has never known
trouble before. Providence truly smiled on him in his
younger days, and it does seem hard he should have so
many troubles now he is old.
I mailed you Sam's letters last Tuesday. You did
not mention having received them. I judge you have
not sent to the office. I find they are keeping a pretty
close guard over them, but I am satisfied it will not
last very long. I suppose they only wanted to try and
make him say or do something for them to publish,
and try and keep up some excitement against him, but
I know he has learned by sad experience to be too
much on his guard to give them any further excuse
for their villainy and rascality.
I am going to R. I. Brent's office this evening to
show him Sam's letters. He is very anxious to see
them. Although he is a copper-head, he is a big man,
and a warm friend.
Frank, I am always at work whenever there is the
slightest chance of doing anything. I try to keep him
before all the big men, and make them talk about his
case. You know every opinion has its weight, so you
138 THE LIFE OF DB. SAMTJEL A. MUDD
must be hopeful, not too sanguine as to any particular
time. My own opinion is, from all I can gather, we
may reasonably expect him home between this and the
first of January. I wrote him a very long letter and
mailed it two days before your last one, in which I
told him I hoped to see him at the foot of his table on
Christmas Day carving that big old gobbler.
Well, I have not had a frolic for a long time, and
if it is the will of Heaven it should be so, I hardly
think my Heavenly Father would do anything with
me for taking two glasses of egg-nog. Do you ? Love
to all. Your brother,
JERE.
CHAPTER VIII
NEGRO TROOPS AT FORT JlJFFURSON, REW:eVED IN PART
BY WHITE SOLDIERY
Fort Jefferson, Tortugas Island, Florida,
November ii, 1865.
My dear Jere :
Yesterday, the loth, four companies of heavy
artillery arrived to relieve the detested and abominable
negro regiment, and I am in hopes our future treat-
ment will be much milder. It can't be worse. We
were placed, without any cause whatever, in heavy
leg irons on the 5th of November, marched down to
headquarters, then placed under a boss at hard labor
cleaning old brick. A tug arrived that day, and it
was no doubt to please the crew's gross fancy and ex-
hibit the Major's power, that the cruel act was resorted
to. We had been closely confined under guard for
more than a fortnight previously. Notwithstanding
living in irons, we are closely guarded and not suffered
to leave the door for the most trivial thing without
having a negro guard with musket and bayonet by our
side. At night, our chains are taken off, the door
locked, and a sentry placed there on guard. This
treatment was not brought about by any fear of escape,
or the apprehension of any violence on our part, but
is no doubt done to degrade and lessen us in the esti-
mation of our fellow-prisoners and citizens, and to
keep down the apparent sympathy of strange arrivals,
of which every boat brings many.
I received a letter from you and Fanny* on the 7th,
* My father's sister.
140 THE LIFE OF DR. SAMUEIi A. MUDD
and was much rejoiced to know that your hopes of
release were so lively. God grant that your efforts
may succeed, and I be delivered from this hell upon
earth. Fannie was telling me what papa was doing,
which I thought was very improper, knowing that any
imprudence is subjected to the inspection of officious
officers, who are disposed to place their own wicked
construction wherever their personal gain or ambition
is likely to be profited. I am afraid papa will find him-
self in the end the victim of imposition of some of these
hostile intermeddlers, although mercy grant the con-
trary. I have had enough of the humanity and Chris-
tian spirit that animates the hand of the saints, to cause
me to remember them, and it is but natural I should
desire that they should be visited by the same degree of
chastisement which they have and are still inflicting
upon their fellow-countrymen through motives of
patriotism and vindication of the honor and supremacy
of the Republic. Every day increases my hate toward
the authors of my ruin, and sometimes I can scarcely
withhold my angry indignation. The near approach
of expected relief I am in hopes will keep me within
bounds. Should you be so fortunate as to effect my
release, lose no time in forwarding the joyous intelli-
gence. Telegraph it to Tom, and tell him to notify
me from New Orleans ; also write to Henry Benners,
postmaster of this place. You can enclose a letter to
his address for me, observing due precautions. I sent
you what might be a copy of a letter to Secretary
Stanton. I did not write, but scribbled it off so that
you and counsel could advise regarding. You can
omit and supply as you think the case may require.
We are all at this moment in chains. Neither Colonel
Grenfel nor myself has been taken out to work the
past two or three days, but suffered to remain passively
in our quarters. He is quite an intelligent man, tall,
THE MPE OP DB. SAIUTJEL A. MtJDD 141
straight, and about sixty-one or two years of age.
He speaks fluently several languages, and often adds
mirth by his witty sarcasm and jest. He has been
badly wounded and is now suffering with dropsy, and
is allowed no medical treatment whatever, but loaded
down with chains, and fed upon the most loathsome
food, which treatment in a short time must bring him
to an untimely grave. You will confer an act of kind-
ness and mercy by acquainting the English Minister at
Washington, Sir F. A. Bruce, of these facts.
Your brother,
Sam.
Application was made on November 20,
1865, by my uncle, Thomas O. Dyer, of New-
Orleans, to Major-General Sheridan, com-
manding the Division of the Gulf, for permis-
sion to forward to my father certain articles of
clothing and luxury. This permission was
granted, as will appear by a copy of the order
which follows. Up to this time the articles
sent my father by his friends had almost in-
variably failed to reach him; and even after-
ward many articles, and even sums of money,
sent him seem to have been "confiscated."
Headquarters Military Division of the Gulf,
Office Provost-Marshal General.
New Orleans, November 20, 1865.
Permission is hereby granted to T. O. Dyer to
forward this invoice of goods to Samuel A. Mudd,
confined at Fort Jefferson, Florida, care of command-
ing officer there, who will deliver same at his discre-
tion. Q. M. Dept. will furnish transportation.
By command of Maj.-Gen. Sheridan,
F. T. Shbrman^
Brig. Gen'l & P. M. G.
142 THE MFB OF DR. SAMUEL A. MUDD
The articles, an invoice of which had been
furnished to General Sheridan, were duly sent,
and all were received by my father except "2
bottles Bordu Whiskey." These were never-
more heard of. Whether they were cast over-
board in transmission, or were intercepted and
the contents consumed by some bibulous indi-
vidual to whom opportunity offered tempta-
tion, will perhaps never be known.
Fort Jefferson, November 25, 1865.
My dearest Wife :
I am as well as circumstances permit. Give my
love to all, Pa, Ma, and the family. Tell the children
they must be good, learn their lessons, and pray for
their disconsolate papa. I am afraid to write more,
lest objection be made; and believe me, my dear
Frank, your most faithful and devoted husband, con-
fiding in the infinite goodness and mercy of God and
the prayerful intercession of many friends, I am in
hopes of a speedy release and return to you.
A mail has arrived. The letters and papers have
not been distributed, consequently I do not know
whether there is anything for me or not. Kiss all the
children, etc. Yours,
Sam.
Dry Tortugas, Fla., December g, 1865.
My dear Jere :
I received your last, dated November 7, 1865, which
I assure you has raised my spirits above description.
Let me hear from you all, not contraband, at your
earliest opportunity.
I received a trunk from dear Tom on the 3d of
December, invoiced as containing a quantity of fine
THE LIFE OF DB. SAMUEL A. MUDD 143
clothes, several cans of vegetables, fish, whiskey, etc.
The whiskey was not received. I wrote to him
acknowledging the receipt. He may not get it, so
when you write, inform him.
The negro regiment has been only partially relieved
by white troops. Our condition is not much better.
We are still in irons, compelled to wash down six
bastions of the Fort daily, closely guarded, denied all
intercourse with other prisoners, locked up at night,
and a sentry placed at the door; Our fare is some-
thing better, and we are allowed to purchase articles
of food, etc. I also received twenty-five dollars from
Tom. This was placed in the hands of the com-
mander, not to my credit. We are only allowed three
dollars per month. I assure you no reasonable cause
can be alleged for our present rash and inhuman treat-
ment other than my attempted escape.
I thought I had paid the penalty of my offense when
we were paid a visit by Generals Newton and Forsyth,
and we are informed' by the negro Commandant that it
was through their order we were placed in irons.
Newton commands this department. God bless him
and his tribe!
I am well and in hopes of a speedy release from my
chains. Good-by, my dearest, brother and friend.
Give my love to all and kiss Frank and the children
for me;. You need not send me any more money. I
will call upon you when I need it. I have enough to
bring me home. This note is written far under-
ground. Your brother,
Sam.
Fort Jefferson, Florida, December 12, 1865.
My darling Frank :
I received last night yourg gf the SOth of November,
144 THE lilFB OF DB. SAMUEL A. »tUDD
which relieved me of many apprehensions regarding
you and our little ones.
I assure you last week has been the most miserable
of my imprisonment, on account of the gloom which
came over me in consequence of your failing to write
at the appointed time. You said nothing in your
letter about your previous sickness or indisposition.
I, therefore, conclude you have fully recovered. I
am truly pleased to see you so hopeful of my speedy
release. I can see nothing cheering in what you have
communicated, but it may be owing to my want of
understanding. It is my impression this flimsy pre-
tense is resorted to to keep up a show of doing some-
thing, when in reality nothing is intended to be accom-
plished. I am pleased to know that you are satisfied ;
as for myself, nothing short of removal from this
place can create an impression of fair dealing on the
part of those in authority.
I am sorry to hear of the death of George Garrico
and Mr. Bean. Our white population is wonderfully
diminishing by death and other causes. The negroes
will soon be in the majority, if not already. Should
I be released any time shortly, and circumstances per-
mit, I will use all my endeavors to find a more con-
genial locality. I wrote to you on the 7th, also on the
1st, which I am in hopes you shall have received before
this. I sent you on the 7th a couple of large moss-
cards, and to-day send you three more, having nothing
more suitable at hand. I have some small shell frames
for pictures, but cannot send them conveniently by
mail. I will try to send them by the next mail if I can
arrange a safe box, etc. I was in hopes I would have
the pleasure of bringing in person these little curiosi-
ties, but fate has decreed otherwise.
Don't bother yourself in regard to my wants; they
are all plentifully supplied at this time. I have plenty
XHE LIFE OF DR. SAMUEL A. MXIDD 145
of money for all my wants, clothing sufficient to last
me a year or more.
I am well with the exception of a pretty bad cold,
and occasional rheumatic attacks. Give my love to
Pa, Ma, and all the family.
Sam.
Fort Jefferson, Dry Tortugas, December 14, 1865.
My darling Wife :
I have received no intelligence from you since the
letter dated November 7. In that I was led to hope
for a speedy reunion. I fear you have been misled
and caused cruel disappointment to visit me in this
ungodly place ; a new pang to my sufferings.
We have not been visited by a priest up to this time.
There is no minister of any denomination here, and
no religious observation of Sunday or holidays.
The colored regiment has only been partially
relieved. Our fare has much improved since I last
wrote, though treatment is the same.
I received a trunk of clothing, cans of vegetables,
tobacco and twenty-five dollars from dear Tom on the
3d instant. The clothing is finer than I need, besides
I am not situated to wear them. You will please ex-
press my thanks and gratitude to Tom when you again
write.
Did you deliver the message to Fannie I requested
in a former letter, viz : to be more prudent in her
writing? The last letter that arrived was not handed
me on account of insulting language. She must have
been aware that all correspondence is inspected pre-
vious to the delivery to prisoners, and language preju-
dicial to me or herself would be observed, and likely
noted. Do caution her for the future, and allow noth-
ing in your power to prevent, to be said or done having
10
146 THE liIPE OF DB. SAMUEIi A. MUDD
a tendency to prolong my misery. I have arrived at
that point to which I would accept any terms for an
immediate release, — even death I crave to a much
longer protraction. So, my darling, try and prevent
all language that is not likely to accomplish anything
toward my relief. Spare no effort in endeavoring to
bring before the Executive my entire innocence. You
know well, my darling, could the truth be established, I
should receive the thanks and. applause of the nation
instead of this cruel and unjust treatment.
My dear little Tommy continues still unwell; alas!
I fear I shall not be home in time to render him any
benefit. I am in hopes I shall be spared this afflic-
tion — the loss of one of our dear little children — by a
merciful Providence. What I have already under-
gone is beyond my power of expressing, and nothing
but the consciousness of having done no wrong, but
a duty, causes me to bear up against my adverse for-
tune. Written in haste. Write soon. My heart
yearns to see you, and the dear little ones.
Good-by, my darling wife, my hope and comfort.
Your husband,
Sam.
Fort Jefferson, Dry Tortugas, Florida,
December 20, 1865.
My darling Frank:
I am well, things are "in statu quo." The weather
is very warm — mosquitoes and bed-bugs very numer-
ous and troublesome; coupled with this, I feel much
disappointed at not being able to enjoy my Christmas
dinner at home, as I have been led to hope.
I have received no letters since yours of the 27th of
November and December 5th. Since then I have
written — this the third letter to you and one to Fannie.
I have received no letter from you containing money.
THE LIFE OF DR. SAMUEL A. MTIDD 147
and for the future you need not bother yourself to
send me anything, only as I may desire. You and
our dear Httle children will require every dime to sus-
tain you, and no doubt even then will suffer many
privations and hardships. When you write, let me
know whether you have succeeded in hiring any field
hands or a cook for another year. Do all you can to
avoid being an incumbrance to others, at the same
time be careful to prevent actual want to self and our
sweet little children — ^this thought occasions me more
anxiety and suffering than any other. A steamer is
coming in — I will await the mail before concluding.
The steamer has landed, but brought no mail. How
anxious I was that it would bring me the glad tidings
of release; but I fear the Almighty thinks it would
occasion me too much joy.
My darling Frank, when I read the papers that I
now and then receive I can see nothing to inspire me
with hope regarding myself, or the restoration of
peace and good feeling throughout the States. How
much I desire the States to assume their proper rela-
tion in the Union ! Should I be released at this time
I would be very much bothered to find a place where
we could rest happy and content upon the habitable
globe — so demoralized have become the people and
insecure life, liberty, and prosperity. Nothing is re-
liable in these times, and God only knows when I shall
be suffered to return to you. I will likely be detained
longer than you anticipate, to keep up the appearance
of justice, or until excitement and agitation is
allayed — so, my dearest, do all you can; let not the
cares, which now press heavily upon you, lead you to
unnecessarily expose your health and strength — con-
sider the welfare of our dear little children and my
happiness, should Providence speedily favor me.
I am sorry I have nothing entertaining and inter-
148 THE LIFE OF DR. SAMUEL A. MUDD
esting to relate — such would be a contradiction to this
place of woe.
Your devoted husband,
Sam.
The following is a copy of a letter written by
my mother to President Johnson:
Bryantown, Md., December 22, 1865.
His Excellency, Andrew Johnson,
President of The United States.
Dear Sir: I hesitate to address you, but love is
stronger than fear, timidity must yield. I must peti-
tion for him who is very, very dear to me. Mr. Presi-
dent, after many weeks anxious waiting for news from
my innocent, suffering husband, Dr. Samuel Mudd,
last night's mail brought the sad tidings, he with
others, by orders from the War Department, were
heavily ironed, and obliged to perform hard work.
The plea for this cruel treatment is, that the Govern-
ment is in possession of news of a plot, originating in
Havana or New Orleans, for the rescue of the said
prisoners. The food furnished is of such miserable
quality, he finds it impossible to eat it. Health and
strength are failing. To my poor intellect, it seems
an ineffectual plan to put down a plot by avenging
upon the prisoners the acts of others. I suppose Sec-
retary Stanton knows better. It strikes me very
forcibly, your Excellency is ignorant of this order. I
saw you in September, and although I felt I was not
as kindly treated as others, I looked into your face,
and if it is true that "the face is an index to the heart,"
I read in it a good, kind heart that can sympathize
with the sufferings of others. I marked the courteous
manner you addressed ladies, particularly the aged.
These things encouraged me to pray you to interpose
THE LIFE OP DR. SAMUEL A. MUDD 149
your higher authority. The setting of a leg is no
crime that calls for forgiveness. I ask you to release
him, and I believe you will do it. I beg you in the
name of humanity, by all that is dear to me, in the
name of his aged and suffering parents, his wife and
four babies, to immediately put a stop to this inhuman
treatment. By a stroke of your pen, you can cause
these irons to fall and food to be supplied. By a
stroke of that same pen, you can give him liberty.
Think how much depends upon you. You were
elected the Father of this people. Their welfare is
your welfare. Then, in the name of God, if you let
him die under this treatment, he an American citizen,
who has never raised his arm, nor his voice against his
country, can these people love you? Forgive me, I
speak plainly, but my heart is very sore. You sa)^
"Women are your jewels," you hope for much from
their prayers. I do not love you, neither will I ask the
Almighty to bless you; but give back my husband to
me, and to his parents who are miserable, — the wealth
of my love and gratitude will be yours. My prayers
shall ascend in union with my little children who are
in happy ignorance, daily looking for the return of
their "Pa." To Him who has said, "Suffer little chil-
dren to come unto me," God of mercy I pray you, touch
the heart of thy servant, make him give back my hus-
band. Could you look into our household, it would
give you a subject for meditation. In the Doctor's
childhood home, there is his father, who is old and
infirm. When he hears the name of his boy, his lips
tremble, but he thinks it is not manly to yield to tears,
besides, he has confidence in you. His mother has
scarcely left her sick-room since his arrest. "She
waits," she says, "to see him" ; then like Holy Simeon,
"she is willing to die." Pass from this to my little
household. I, a wife, drag out life in despondency.
150 THE lilFE OF DR. SAMUEL A. MUDD
I, who was shielded from every care by him who is
now suffering a living death, am miserable and have
to battle with this overwhelming trouble. I am the
mother of four babies, the oldest, seven years, the
youngest, but one. The third, a delicate boy requiring
constant care. I have confidence in you and feel you
will grant my request.
Very respectfully yours,
Mrs. Dr. Samuei, A. Mudd.
Saturday 23d, 1865.
My darling Frank :
The steamer has remained until the present. I send
you one or two moss-pictures as- a Christmas gift,
being the only thing in my power to transmit. You
need not send any person to see me, for at present all
intercourse and conversation with outsiders is inter-
dicted, and it would only increase my suffering to be
denied the pleasure and satisfaction of some kind
friend or familiar face's company.
I am well, but do not enjoy health. We have our
Christmas dinner already in prospect, viz : canned
roast turkey, sausage, oysters, preserves, fresh
peaches, tomatoes, etc.
Wishing from my inmost heart, you a happy, merry
and joyful Christmas, I am.
Your faithful, devoted and loving husband,
Sam.
Fort Jefferson, December 25, 1865.
My dear Jere :
To-day being Christmas, I shall endeavor in spirit
to eat my dinner with you all, since Providence has
decreed the denial of the reality. I can imagine the
sight of all my little children, my dearest Frank and
yourself, with the usual glass of egg-nog and sweet
THE LIFE OP DR. SAMUEL A. MUDD 151
things, seated around a happy fire with no thought to
mar the pleasure and joy of the greatest Christian
festival. This was not long since the happiest of my
thoughts, but oh! how far from the realization. I
hate to contemplate the time that yet intervenes. For
the future, do not mislead me to hope for relief by
a certain time when there is no certainty. It adds
only a new pain to my already languishing life. Do
all you can, say nothing when you know nothing can
be effected; avoid irritating and offensive language. on
all occasions, and with parties whose influence may
be of avail, make known the false testimony and unfair
measures resorted to in order to effect my conviction.
I am very well. Our treatment is the same as when
I last wrote.
I received a letter from Fannie dated December 6,
mailed the 13th, informing me of your inability to
accomplish my release. I have felt considerable dis-
appointment; try for the future to save me this un-
necessary anguish. Write often and send me papers.
Lose no time in communicating the glad tidings should
Providence favor your efforts. Love to all.
Kiss Frank and all my dear little children.
Good-by.
Sam.
Fort Jefferson, December 25, 1865.
My darling Frank :
I wrote to you on the 20th, and now again on this,
that should be to us all a joyful festival, to let you
know I am well, and have received through Fannie,
the intelligence of our mutual disappointment — tlie
inability to effect the object of my sincerest hopes,^ — a
speedy reunion. I was much grieved to know that
Jere thought it necessary to rent out the farm. I was
in hopes you would be able to hire one or two good
152 THE IjIFE Ol' DB. SAMUEL A. MUDD
hands, and cultivate through old Uncle John's man-
agement the land yourself, but I know all things will
be done for the best, therefore feel satisfied. Bear up,
my darling, against all the adversities and calamities
which have so suddenly befallen us, with Christian
fortitude. I sometimes ask myself the question,
"what have I done to bring so much trouble upon
myself and family?" The answer is from my inmost
heart — "nothing." I am only consoled to know that
the greatest saints were the most prosecuted, and the
greatest sufferers, although far be it from classing
myself with those chosen friends of God. Would to
God, darling, it was in my power to afford you some
consolation in this, I hope, the darkest hour of our
lives. I have endeavored to the best of my ability to
lead as spotless and sinless a life as in my power. I
have not omitted saying my beads a single day since
living on this horrid island. We have not been visited
yet by a priest, and I desire much to go to confession
and communion and conform to all the requirements
of our holy religion, yet I do not know whether I
would be allowed this privilege should a minister of
our church visit us at this time, since we are yet closely
confined under guard and denied all intercourse with
outsiders. Our duties are to sweep down the bastions
of the Fort every day under a guard. Our condition
is the same as when I last wrote. It is alleged my
attempted escape has been the cause of our continued
harsh treatment, but this can't be so, for none of the
rest made the least move, and none of the party was
there at the time. When the irons were placed upon
us we were told they were only to be kept on while
a steamer or vessel was lying at the wharf; but they
have been on every day, and taken off at night since
the first day they were put on. I am in hopes the day
is not far distant when reason and law will take the
THE LIFE OF DR. SAMUEL A. MXHOD 153
place of passion, prejudice, and sectional hatred. So
far as our conduct is concerned, none have been more
quiet and submissive, although certain false statements
and representations have been made. My sweet dar-
ling wife, good-by. I am truly in hopes you have
spent a more agreeable Christmas than myself. God
bless you all.
Samuel Mudd.
CHAPTER IX
PRISON U]?E IN 1866 — NEW year's DAY AT EORT
JEEEERSON.
Fort Jefferson, Florida, January i, 1866.
My darling Frank :
To-day being New Year, I have no better means at
my command of spending the time appropriately than
dropping you a few hasty lines to afiford you all the
consolation that lies in my power. On the morning
of the 28th, Bishop Verot, of Savannah, and the Rev.
Father O'Hara arrived here about 6 o'clock. Soon
word came that they desired to see me; my chains
being taken off, I dressed in my best, and was soon
ushered into their presence with my usual guard of
honor. I found them preparing to say mass, and had
the happy fortune of being present during the divine
service.
After service I had a short conversation with Bishop
Verot and Rev. Wm. O'Hara. I received the con-
tents of the letter formerly addressed to Father
O'Hara by Sister Joseph — a cross, a scapular, etc. ,In
the evening I had the pleasure of listening to a very
learned and practical lecture from the Bishop. After
the discourse, I repaired to my quarters, took my usual
supper, said my beads, and enjoyed for a time a
promenade up and down my gloomy quarters, when a
rap at the door was heard, and my name called. On
going to the door, I found our most pious and ven-
erable Bishop had called to bid me good-by; he in-
tended leaving in the morning. I had given the sub-
ject of confession my attentive thought during the
day, and remarked to the Bishop that I regretted I was
-Andrew Johnson
FACING PAGE I -.4
THE MFE OF DR. SAMUEL A. MUDD 155
not allowed the privilege of confession that evening;
he said then, if I desired, he had the permission already
accepted, and I had the satisfaction and happiness to
confess to the Bishop. The next morning I went to
communion. Mass was said by the Bishop, Father
O'Hara serving as before. After mass I bade the
good and pious old man good-by, and received his
blessing. I have not language at my command, my
darling, to express the joy and delight I received on
the occasion of this unexpected visit. Father O'Hara
will remain a week, and I am in hopes I will have the
happiness of again communing before he departs; I
have made application. I heard mass yesterday.
There are many Catholics among the citizen laborers,
and we have quite a large congregation, nearly all
going to communion. I have now, my darling wife,
but one affliction, viz : uneasiness of mind regarding
you and our precious little children. Imprisonment,
chains and all other accompaniments of prison life, I
am used to. I believe I can stand anything, but the
thought of your dependent position, the ills and priva-
tions consequent, pierce my heart as a dagger, and
allow me no enjoyment and repose of mind. I have
apprehensions from the idle, roving, and lawless
negroes that roam unrestricted through the country.
Be careful, my darling, and be ever guarded.
The papers I notice are filled with horrible, most
infamous and degraded crimes perpetrated by these
outlaws. When you write, inform me what disposi-
tion is made of the farm, horses, cows, sheep, etc., and
whether any portion of land has been reserved for
yourself to cultivate. Will Old John remain with
you, or Albin? Consult, my dearest, with Pa and
Jere, and try to remain comfortable and free from a
dependent position. Give me all particulars that you
deem worthy, and that can be written with propriety.
156 THE LIFE OF DB. SAMtTBIi A. MXTDD
for letters are inspected before handed to us. Disap-
pointment produces more pain than the pleasure of
hope or release, so my darling when you write again,
say nothing illusive, and advise Henry and Fannie to
refrain from alluding to what is not certain or reliable.
It is all supposition, and I can suppose as well as they.
The Court who sent' me here, I know well never con-
templated the carrying out of the unheard-of sentence,
considering the slight foundation for even the suspi-
cion of crime, so, my darling, I do not stand in need
of any of these vagueries. Life and everything in this
world is uncertain and changeable, and we little know
what other trials and crosses Providence may have yet
in store for us. I have endeavored to the best of my
ability to conform to all the duties required by our
holy religion; my conscience is easy, and if death
should visit me here (which I pray God to deliver me
from), I am in hopes it will not find me unprepared.
Live strictly agreeable to the dictates of your con-
science and religion, and the trials we have endured
may yet rebound to our earthly advantages ; if not, I
am in hopes we will meet in heaven. I forgot to men-
tion previously I had also the privilege of making the
jubilee. The month of December was appointed by
the Bishop for the province. Tell Henry and Fannie
I will answer their letters by next mail. I fear a copy
of a former letter of Fannie's has been sent to the War
Department, at least a copy was made of it. The Pro-
vost Marshal so informed me. I know not whether it
was sent to the War Department. I fear imprudent
talk and writing will yet dispose the mind of the Presi-
dent not to listen to your appeals in my behalf. Be
careful, my darling child, and refrain as much as
possible from expressing any angry indignation
toward the ruling powers, or using opprobrious
epithets toward my known prosecutors. Such con-
THE LIFE OP DR. SAMUEli A. MUDD 157
duct can have only the tendency to protract my stay
here by keeping up agitation and excitement, if noth-
ing else. Parties can have but little regard for my
welfare, who are ever indulging in idle and injurious
expressions. I feel that I should be perfectly satisfied
to remain the balance of my days only in your and my
little ones' company. My constant prayer is — God be
merciful to us and grant me a speedy release, and a
safe return to my family. Write often, don't await
answer, for months would intervene between the recep-
tion of letters.
How much I regretted to learn of the sad accident
that occurred to your old home. My heart is often
softened by the memory of our happiest days. It was
within its hallowed walls that we first indulged in the
hope of a blissful future, but alas ! to what gloom have
we arrived.
Good-by, my darling wife and little children.
Yours devotedly,
Sam.
Fort Jefferson, Florida, January 2, 1866.
My dear Fannie :
The last letter I had the pleasure of receiving from
you was dated the 6th of November — the previous let-
ter was withheld on account of its objectionable con-
tents. The offensive matter was read to me, though
none of the family news.
I knew, my dear Fannie, you intended no insult to
any of the just and proper constituted authorities of
the Government in your remarks, but the unworthy
servants who scruple not to misconstrue and falsify —
having for their chief motives the hope of honor, and
the selfish lust and thirst for gain. It would be best
for the future, Fannie, since words are of no avail, to
158 THE LIFE OF DR. SAMUEL A. MUDD
abstain from all criticisms— give me only the family
and neighborhood news.
There has been no amelioration in our treatment
since I last wrote, with the exception that our fare has
much improved. Our Commandant is named B. H.
Hill, formerly colonel, but now brevet brig.-genl. It
was unnecessary to mention what knowledge you had
of his disposition toward me — no word or sign of
recognition has passed between us or any of his staff
officers since he has been in command. Whatever
opinions he may have formed concerning me, I did net
wish or desire you to give any expression; I prefer
leaving all abstruse matters to the solution of time.
The opinion of one pro or con can effect but little
whilst it is quiescent — it is only when the sympathies
of good or evil are aroused, when good or evil is ac-
complished. Be careful, therefore, in your comments,
lest you produce an antagonism, which certainly will
not tend to shorten my stay at this woeful place.
I have had the happiness to go to confession and
communion — I have given all particulars to dear
Frank. Bishop Verot and Father O'Hara visited us
on the 28th. When you write to Cousin Ann, tell her
I have received the contents of the letter she sent
Father O'Hara. The Bishop is a most saintly man,
plain and unassuming as an old fiddlestick. Father
O'Hara is also a very pious man, and is quite a fine
preacher. I feel easy in spiritual matters, but not in
the temporal. Frank and the children cause me more
uneasiness and suffering than all the miseries of im-
prisonment. I am truly in hopes she will have the
strength to bear up against our present misfortunes
and discomforts. When you write tell me if the ne-
groes have committed any outrages in the neighbor-
hood or county. Father O'Hara will be stationed at
Key West, and will visit this place once every four or
THE I/IFE OF DR. SAMUEIi A. MUDD 159
five weeks. You can write to him and make what in-
quiries you deem necessary regarding our present con-
dition. I don't wish you all to make any more ap-
pointments without first and foremost enabling me to
comply. You know how slowly the time passes when
something pleasant and agreeable is in anticipation :
the days and even the hours are counted, preparations
and expense are made and incurred, then comes a put
off, and finally a smash up — crushed hopes and nasty
feelings. This I think is a picture of what has been
presented to me. My dear Fannie, I have lost all my
sugar teeth, and don't stand in need of sweets — I like
something stable and real — no friend to sugar-coated
pills.
If you have anything reliable, sufficiently so to allow
you to fix a time, I would like much to know it, but
where everything is so indefinite and dependent, I
much prefer no allusion to the subject. When you
write, inform me whether Ewing is interesting him-
self in my behalf. Be guarded and say nothing in your
letters that may be used to my detriment by the evil
disposed. Adopt the principle of do much and say lit-
tle. I was much grieved to hear of the death of Mr.
Miles. I am in hopes he is better off than being in this
world of strife and degradation. I was also much
pained to hear of Pa's loss on Jere's place, the destruc-
tion of the dwelling. I am afraid Pa will worry him-
self too much about his present misfortunes and trials.
Try, dear Fannie, to comfort dear Papa and Ma as
much as in your power. Excitement, agitation, etc.,
bring about many bodily disorders and predispose to
disease, so do all you can to soothe in trials and tribu-
lations that now press so heavily upon us. Let me
know whether Pa has succeeded in hiring any hands
for this year, and what disposition is made of my
place, and what Frank contemplates. I have heard
160 THE LIFE OF DK. SAMUEL A. MUDD
nothing of the particulars of your and Frank's visit to
Washington — only the fact. You need not tell me, if
prudence dictates. Frank has never, in the letters I
received from her, made any reference or allusion, and
presume her silence was influenced by prudential mo-
tives. Tell Henry his three months will have nearly
expired by the time this reaches you, and certainly
before an answer reaches me. His letter was dated
October 30, so the end of the present month will com-
plete the period. All is surmise and speculation. An
early release on my part would be a virtual acknowl-
edgment of the injustice of the court martial; there-
fore, my conclusions are — I will have to remain here
some time yet, to keep up appearances. Give my love
to dear Ma, Pa, and all.
I will not be able to answer Henry's letter before
the next mail. It is impossible for me to answer every
letter by the same mail. I have but a few minutes al-
lowed me now for writing, generally by dim candle
light, and can't be select in my language, or writing.
Tell dear Frank that I either write to her, Jere, or
some of you, every mail, and a letter to one must be
considered for you all. Likely some of my letters
have been held back like yours on account of objec-
tionable contents, for I am confident not one boat has
left without my writing to some one of you. Give me
all the neighborhood news. You have taken a fancy to
your neighbor's wealth, what will be next on the pro-
gram? Give particulars of all my dear little children
and dear Frank. Remember me to all friends, etc.,
and believe me,
Your most devoted brother,
Sam.
THE LIFE OF DR. SAMUEL A. MUDD 161
Fort Jefiferson, January 22, 1866.
My dearest, my darling Wife:
I will now attempt a description of myself, having
exhausted in this and all previous letters all other sub-
jects. I am beginning to realize the saying of the
Psalmist — "I have grown old in my youth," etc. Im-
agine one loaded down with heavy chains, locked up in
a wet, damp room, twelve hours out of every twenty-
four during working days, and all day on Sundays and
holidays. No exercise allowed except in the limited
space of a small room, and with irons on. The atmos-
phere we breathe is highly impregnated with sulphuric
hydrogen gas, which you are aware is highly injurious
to health as well as disagreeable. The gas is generated
by the numerous sinks that empty into that portion of
the sea enclosed by the breakwater, and which is im-
mediately under a small port hole — the only admission
for air and light we have from the external port. My
legs and ankles are swollen and sore, pains in my
shoulders and back are frequent. My hair began fall-
ing out some time ago, and to save which I shaved it
all over clean, and have continued to do so once every
week since. It is now beginning to have a little life.
My eyesight is beginning to grow very bad, so much
so that I, can't read or write by candle-light. During
the day, owing to the overpowering light and heat, my
eyes are painful and irritated, and can't view any ob-
ject many seconds without having to close or shade
them from the light. With all this, imagine my gait
with a bucket and broom, and a guard, walking around
from one corner of the Fort to another, sweeping and
sanding down the bastions. This has been our treat-
ment for the last three months, coupled with bad diet,
bad water, and every inconvenience. The greatest
wonder is, that we have borne up so well. The weather
II
162 THE LIFE OP DR. SAMUBlj A. MUDD
here since the beginning of the winter has been as
warm as summer with you. The inhabitants are nearly
always in their shirt sleeves and bare feet. There has
been no time yet that a person could not sleep out com-
fortably in open air, when raining all night. It sounds
strange to read of heavy snows and persons freezing to
death, in the papers. I am truly in hopes, my darling,
you and my precious little ones have not suffered from
the want of fuel, and the necessary comforts of life
and health. Try, my darling, and do not expose your
health — consider the welfare and the duty we owe to
our children. Save them, if possible, from being
thrown upon this cold and heartless world, uneducated
and ignorant of the debt they owe the Supreme Ruler
of all. With the picture I have presented, you no
doubt think I enjoy no pleasure or comfort. This, my
dearest Frank, is not the case. My principal consola-
tion is the knowledge of having no responsibilities im-
mediately, other than the salvation of my own soul.
Be assured then that I have done all that laid in my
power toward that end. I have already written you
concerning the visit of the Bishop of Savannah and
Father O'Hara, now stationed at Key West, to this
place. I have received no tidings from the letter you
sent containing money. I received the contents of the
letter forwarded to Father O'Hara. I sent you some
time ago a ring, containing a silver set of a cross and
four little diamonds in the center, and on each side a
heart. Let me know whether you received it or not.
Love to all. Sam.
Fort Jefferson, Florida, January 28, 1866.
My darling Wife:
I had the happy consolation on the 26th of receiv-
ing four letters, and being relieved from the horrible
chains. The letters were, one from Cecie, one from
THE LIFE OF DR. SAMUEL A. MXTBD 163
Jere, and two from your sweet self. I was much re-
joiced to know that you were all well, and that our
precious little boy was convalescent, or fully recovered.
Jere spoke of Pa and Ma's health being yet vety bad.
I am afraid affliction is the cause. Try, my darling,
to cheer and console them all in your power. They are
the only friends I have on earth, and the only tie that
binds me to the land of my birth. Tell them, my dar-
ling, though absent, they are not forgotten, and the
truly Christian lessons imparted during my youth, now
more than ever, are being appreciated and practiced.
I wrote to you and Henry some days ago. The
letter was returned on account of containing some ob-
jectionable matter. I have written twelve or fifteen
letters to you and home folks since Christmas. I pre-
sume they have been forwarded to you, since they were
not returned. I have no direct knowledge. Letters
are likely delayed on account of having to undergo ex-
amination. I have never failed to avail myself of every
opportunity to write to you; duty as much as love
and pleasure prompts me to do so. Be actuated by
similar motives, and, my precious one, I shall be satis-
fied.
Hoping to hear again shortly from you, and that
you may be able to communicate the realization of my
brightest dreams, I bid you a sorrowful adieu.
Your devoted husband,
Sam.
President Johnson having received my
mother's letter of the 22d of December, 1865,
issued an order for better treatment toward
my father and his companions in exile. This
order having reached those in command, the
prisoners were relieved from their chains and
given better quarters for a time.
164 THE LIFE OP DR. SAMUEL A. MUDD
Fort Jefferson, Tortugas Island, February 8, 1866.
My dear Jere :
I received your very kind letter of the 26th of Jan-
uary last. I was in hopes ere this, from representa-
tions made, that I vifould be bounding the billows of the
wild ocean with home my happy destination. I sup-
pose it is decreed otherwise. I must be resigned. I
have nothing new to report other than we have been
relieved of our chains, and some interest manifested
for our general well-being. Please forward to Frank
after reading.
Write soon, remember me kindly to all friends, and
believe me.
Most sincerely your brother, etc.,
Samuel A. Mudd.
Fort Jefferson, Florida, February 18, 1866.
My darling Frank :
I received yesterday two letters, dated January 25
and February 3, though bringing me nothing definite.
I was much consoled to learn you were all in the en-
joyment of good health and spirits, and possessed with
brave resolutions to bear up bravely against our pres-
ent adversity. Continue, my darling, upon this happy
course, and God, I am in hopes, will crown our efforts.
You (invariably) mention in your letters that the
time is but short that I have to remain ; afterward you
remark, "Should weeks and months pass without re-
ceiving a letter," etc. I want you to state in your next
what you consider a short time. I am becoming tired
of these expressions, because they don't comport with
my reckoning. Perhaps you call one, two, or three
years short — it seems very short after it is passed, but
distressingly long to view in my present position and
condition — "in futuro." It generally requires from
twelve to fifteen days for a letter to reach me, and
THE LIFE OF DR. SAJIUEL A. MUDD 165
about the same time one from you, so you can judge
at wh^t time it would take me to get home after my
release was known to you — fully six weeks would in-
tervene, not short.
Our chains have been removed, our quarters changed
to a healthier locality, and our fare much improved,
so I have hopes of a prolongation of the thread of life.
Be assured, my darling, nothing will be done willingly
on my part to endanger health, or the violation of any
rule or order having a tendency to prolong my stay
here. You need not bother yourself about sending me
money. The clothing sent me, I have no use for, and
I can convert them into something to eat, should I re-
quire. I have not worn any of the clothing sent me;
my occupation not being very clean, it would be the
height of nonsense to wear them.
Write soon. Remember me to Cousin Betty, my
precious babies. Pa, Ma and family^ and Old Uncle
John. I will write to Mr. Best by the next mail.
Good-by, God bless you and our dear little ones.
Your husband,
Sam.
Baltimore, February i8, 1866.
Dear Frank:
On my way up, I stopped in Washington to see
Ford, but learned he was not in the city, so yesterday
I went over and had a long interview with him. He
told me he had a long interview with the President the
day before, and had every assurance he would release
Sam at the earliest moment he could consistently do
so; the President also remarked to him, he (Sam)
was a mere creature of accident, and ought not to have
been put there, but in the present state of political ex-
citement he did not think it prudent in him to take any
action, as it would be another pretext for the radicals
166 THE MFE OP DR. SAMUEL A. MUDD
to build capital on. He also stated that the issue be-
tween the President and the radicals would be -made
in a few days, and if they still persisted in their ex-
treme measures, he would then take a decided stand
against them ; so, my dear Frank, you will still have to
exercise the virtue of patience yet awhile longer.
I have not the least doubt that Sam will be released
as soon as Johnson can do so with propriety, and I
really think the day is not far distant. These are my
own opinions from information derived from different
sources, which I will explain to you when I come
down, which will be the 8th of March. Let me hear
from you as soon as you receive this, and tell me all
the news, and tell me how you are getting along.
Your brother,
JERE.
Washington, February 22, 1866.
My dear Madam:
It is not yet time to move in your husband's case.
The Supreme Court will try and decide the question as
to the jurisdiction of Military Commissions, in a case
from Indiana, on the first Monday in March. Let us
hear their decision before anything is done.
We are all glad to hear from you, and to know that
you are bearing your trials bravely.
Very respectfully yours,
Thomas Ewing.
Fort Jefferson, Florida, February 28, 1866.
My darling Frank :
In all of your letters you seem animated with hopes
of an early release. It can't be so, after perceiving the
vindictive hate which has followed me to this place.
My attention was called some days ago to some "ex
post facto" statements made by Captains Button and
THE LIFE OP DR. SAMtTEIi A. MTIDD 167
Heichman. I can't divine the motive of the author or
the prosecution in appending these affairs and unjust
fabrications after my trial, because they do not give
me a chance of refutation. To hold me responsible for
such, would be equivalent to the denial of all justice,
and all that vi^ould be necessary to condemn a man
would be first to bind and gag him, then allow his ene-
mies to come forward and make their accusations.
This is the exact proceeding in my case. In the letter
to Jere I wrote in relation to this, fearing he might not
receive, I again make mention, and request you to
confer with General Evi^ing or Stone in regard, and let
me know what, if any, bearing it has upon my case.
It is not my wish to agitate the matter, knowing it
will have no tendency to benefit me. All I wish you to
do is to speak to my counsel, and act under their wise
instructions.
Your ever devoted and loving husband,
SamuDi. Mudd.
Fort Jefferson, March 3, 1866.
My darling Frank :
Mail arrived this morning, being the second with-
out bringing any intelligence from you or friends.
You must know my anxiety upon the arrival of every
mail, and disappointment when receiving no tidings.
The mail will leave this evening. Father O'Hara ar-
rived here this morning, and I learn will return this
evening without affording us an opportunity to go to
confession; his visit was to the sick. I have no time
to say more. Give my love to all. Write soon and
pray for a speedy release.
Hoping you and our dear little ones are well, I am
most truly and devotedly,
Your husband,
SamueIv Mudd.
168 THE lilFE OF DB. SAMUEL A. MUDD
Fort Jefferson, March 13, 1866.
My darling Prank :
Since the reception of the last mail, I have been ani-
mated with greater hope of speedy release on account
of the firm and decided policy of the President and his
endorsement by the people. The President thought,
and wisely, that time enough had been given Congress
to fully appreciate the public needs; they not acting,
every lover of peace and good-will has justified him in
taking the initiatory. God grant that his plan may be
accepted and acted upon by Congress in the true spirit,
and quiet once more be restored throughout the land.
When you write or see Jere again, tell him for me,
to go and see Colonel or Judge Turner of the War
Department in reference to what statements and lan-
guage I made use of on my way to this place. I was
often in his company. I did explain to him all I knew,
which was nothing more than I wrote to Jere on a for-
mer occasion.
Hoping the great mystery will soon be cleared up,
and an honorable release my portion, I am.
Your loving husband,
Sam.
Fort Jefferson, Florida, March 17, 1866.
My darling Frank :
I know not how to express my indignation con-
cerning the unfairness of the detectives, the Courr,
and the subsequent action of parties in append-
ing false and injurious statements after my trial,
when they know it was not in my power to refute by a
legal proceeding, or to make denial without using lan-
guage deemed improper. You, my darling, are differ-
ently situated ; you have liberty of action, and for your
theme the changes that every fleeting hour makes in
your midst and the surrounding world. These you sel-
THE lilFE OP DR. SAMUBL A. MUDD 169
dom ever advert to, nor do I find the paper well used
up in the matter it contains. I, however, my loving
one, find no fault, believing you influenced by motives
of discretion, and the duties that now press upon you a
sufficient cause.
I am now becoming of the opinion that it would
have been better for me had I never written a word
since being here. I certainly would have been
as well off, if not better, for I fear it has caused
indignant feelings, and words which are not t®l-
erated at this time, only to a privileged set. Wm. L.
Garrison's remarks, which I see quoted in the papers
to-day, are as revolutionary as any that animated the
rebellion. But enough, I have no news for the fu-
ture, you must be satisfied with the fact that I am
well. It is the only pleasure I have in this lonely place
to write to you, and make known many of my sorrows
and difficulties, as I have none of joy to relate you.
I think it best for you to leave my case entirely in the
hands of my counsel and friends. If you can see Judge
Grain, I am confident he would, at the word, lend you
his aid in my behalf. I saw his name as chairman of a
committee in Baltimore to present certain resolutions
to the President. Hastily written,
Sam.
Fort Jefferson, Florida, March 22, 1866.
My darling Frank:
I have just written to Gecie, and am now hastily
dropping you these few words to let you know that I
am well, and to comply with a precious promise to
write every opportunity. I am entirely without news,
and I find it impossible to gratify your desire for a
long letter without adverting to matter which has no
connection with us. Criticism is objected to; there-
fore, my precious one, accept the will for the deed.
170 THE lilFE OF DR. SAMUEIi A. MUDD
How much I desire to communicate to you something
consoling and cheering and free you from the many
anxieties and hardships that bother both mind and
body, but such unhappily is not in my power. Even
the little bird that has strayed away from a more con-
genial clime, and finds a resting-place here, loses his
song, and shows evident marks of despondency. With
us all is gloom and monotony, no pleasant change of
scenery, or anything new to divert the mind or body.
Mail arrives about once in ten or fifteen days, and the
papers bring us nothing but stale news, which serves
to occupy the mind but a few hours. I am very anx-
ious to hear from you, and when a mail arrives with-
out bringing any intelligence, I feel more heavily my
exile.
My darling Frank, I have but one desire, namely:
to be with you and see our dear little children properly
trained and educated. Fannie writes gloomily of af-
fairs now in your midst, and I fear, unless kind Provi-
dence intervenes, great suffering in the community
must ensue. God grant that you may be spared, and
that I may be allowed soon to contribute my feeble
strength toward your support and protection.
Be assured, my sweet Frank, you are the object of
all my thought and solicitude upon earth, and my fond-
est dream is the hour when I shall bid adieu to this
land of exile, and fly to the bosom of you, and our pre-
cious little family there, never more to part. God
speed the time is my daily prayer. Give my love to Pa
and all the family, Cousin Betty and Uncle John. Kiss
the children for me and believe me most fondly and af-
fectionately,
Sam.
mi
ig*
o
[-
«f:M
fljipi J
F'lii ftp*'
■''^ III BS'
CHAPTER X
PRISON WPi; IN 1866, CONTINUIJD — ^DESCRIPTION OP
PORT JEFFERSON.
Fort Jefferson, Tortugas, Fla., March 31, 1866.
My darling Frank :
I am just in receipt of yours of March 7, and feel
much disturbed at the wretched condition of affairs
existing in your midst. Sooner or later the wrath of
the Almighty will fall upon these public plunderers
and destroyers of the liberty, peace, and happiness of
our best citizens.
You spoke of Thomas being implicated or strongly
suspected. I am in hopes his day of retribution is nigh.
He is no doubt the principal source (fool as he is) of
my ruin and present unhappy state. I am truly sorry
for poor Padgett and 'Squire George. Negro evidence
was brought against me, why can't it be used against
Thomas? "It is a bad rule that won't work both
ways."
The picture above presents an easterly view of the
Fort. No. I, marked in ink, shows you the location of
our quarters. These three marks are loop holes, about
four inches wide on the inside and two feet outside —
about seven feet above the floor, serving better the pur-
pose of ventilation than agreeable breeze. The door
below is the sally port, and is the only entrance to the
Fort. No. 2 is the lighthouse; 3, officers' quarters;
4, prisoners' quarters; 5, Logger Head Lighthouse,
about three miles distant ; No. 6 represents Hog Island,
a turtle, and a barrel used to carry water to hogs.
Turtles are frequently caught weighing two or three
hundred pounds.
172 THE LIFE OP DR. SAlVfUEL A. MUDD
In yours of a prior date you remarked that you
would in the course of a few weeks visit Washington
and Baltimore. By the time this reaches you I expect
your tour will have been completed, and if nothing ac-
complished toward my release, I am in hopes you will
have nothing to regret, but, on the contrary, your
health and spirits much invigorated by the reaction of
both mind and body, which no doubt the observance of
Lent, the cares of family, changeable weather, bad
colds, etc., has tended to depress. This, together with
the advent of stuffed ham^ boiled chicken, the spring-
ing into life of numerous salads, will brace you up to
bear more bravely the vicissitudes of your present con-
dition of life. With us the virtue of necessity is ever
our privilege, and on the principle of nature accommo-
dating itself to circumstances, finds me no worse off at
the end than in the beginning of Lent. My health con-
tinues good, and without the intervention of yellow
fever, cholera or some other dread malady, may sur-
vive a while longer.
Art often overcomes and subdues nature. A ball
can be made .to roll up a hill. My disposition is under-
going a change. The virtue of resignation to an ad-
verse and unjust punishment is rapidly dying out
within me, and a different spirit supplanting. God
knows I try to control these emotions, but it seems
almost in vain.
History often reverses itself. Pilate, fearing the dis-
pleasure of the multitude, condemned our Lord to
death. Is not mine somewhat an analogous case. Ow-
ing to the excitement and influence prevailing at the
time of my trial, I could excuse much; but since time
has elapsed for a sober, dispassionate consideration of
the matter, I am becoming vexed at my protracted
exile. I suppose it is all human.
I am truly grieved to hear of Mother's bad health —
THE lilFE OF DR. SAJItJEL A. MUDD 173
would that I could prescribe something to cure or re-
lieve. I know nothing of her condition or disease, con-
sequently can advise nothing without the risk of doing
more evil than good. God grant it may be in my
power soon to come to her aid. I must now, my dear
Frank, reluctantly conclude by advising your best dis-
cretion in the selection of parties to represent my case.
I fear those who have been making you such fair prom-
ises are influenced principally by selfish motives and
have no real personal interest of mine at stake. I leave
you and friends judges of the matter; but it strikes
me, the party in whom you have been confiding is
guilty of child's play, and should no longer be esteemed
an adviser and friend. Use more care in writing, and
give me all neVvs correct. Let me hear further in rela-
tion to these incendiaries.
Your disconsolate husband,
SamuEi, Mudd.
Fort Jefiferson, Florida, April 8, 1866.
My darling Frank :
I am very well, and- the island continues quite
healthy. Yellow fever and cholera are reported pre-
vailing at Key West about sixty miles distant ; precau-
tions have been taken to prevent its introduction here.
I received no letter from you by the last mail. I wrote
to you on the 226. and 29th, also to Sissy. Give my
love to Pa, Ma, and all the family, Cousin Betty and
Mr. Best, and kiss all our precious little children. I
have not time to say more.
Hoping we may be spared further afflictions, and our
unhappy situation about ended, I am most affection-
ately and devotedly.
Your husband,
Sam.
174 THE JjIFE OF DR. SAMUEIi A. MtIDD
Baltimore, April 9, 1866.
Dear Frank :
This is the first opportunity I have had since my re-
turn to write you. I had a long talk with Judge Grain
yesterday, and he has promised to get for me the de-
cision of the Supreme Court. It is generally believed
that they have decided there was no law for trying
civilians or persons not attached to the army by mili-
tary courts. He has gone to Harford County to at-
tend court, and will not be back before Friday. He
promised me when he returned he would go to Wash-
ington, and get Reverdy Johnson, as he knew the Pres-
ident was very fond of him, and try to get the Presi-
dent to release Sam; and if he would not do it, he
thought he probably could be gotten out through the
courts, if the decision of the Supreme court is as rep-
resented, which there seems to be no doubt about ; but
they are keeping it from the people for political rea-
sons. I myself am very sanguine of being able to do
something for him in a short time. We will probably
have to send a lawyer to Florida to get out a writ, but
I hope to be able to accomplish his release without go-
ing to any more expense. You may rest assured I will
not let the matter rest if I find there is any chance of
doing anything for him. When the Judge returns, I
will write you and give you all the information I can
get.
Brother Jerb; [Dyer] .
Fort Jefferson, Florida, April 16, 1866.
My darling Frank :
We received papers as late as the 3d instant, and
were much delighted to see the veto message of the
President upon the Civil Rights Bill and the Proclama-
tion of Peace, restoring the equal rights of all States
THE lilFE OF DR. SAMXTBlj A. MUDD 175
throughout the South, and the suspension of all mili-
tary proceedings in civil cases.
I am anxiously awaiting the good news promised in
your letter. I was a little indisposed a few days ago,
but have fully recovered upon hearing all was well with
you. The mail will leave this evening, and my letters
have to be examined; unless I am short, it may not
meet with approval.
Your husband, etc.,
Sam.
Fort Jefferson, Florida, April 27, 1866. -
My darling Frank :
I wrote to you a few days ago in anticipation of
a departing mail. To-day I received letters from
Fannie, Henry, and Doctor Blandford, and was
much grieved to learn that you were all much
disturbed at the appearance in the papers of a lying re-
port concerning myself. It seems to be the intention
of prejudiced parties not to let the effect of a slander
die out without birth being given to another. I have
not had a dozen words with a commissioned officer
since the present regiment had command of the Post,
therefore I could not have been very "querulous." I
have not been reticent without a motive. My health
has been better than might have been expected. I am
not as strong as I might be, for the want of proper ex-
ercise. We are under guard all the time, and no exer-
cise allowed except in the performance of duty, which
is very light. I can perform all I have to do in a couple
of hours. We are confined to our room on Sundays
and no exercise allowed. My duty is simply to sweep
down the bastions once every day. I am very well,
and anxiously awaiting relief from my unjust banish-
ment. Your devoted husband,
Sam.
176 THE MFE OF DR. SAMUEIi A. MUDD
Fort Jefferson, Florida, May i, 1866.
My dear Cousin :
We received yesterday the box containing all the
articles mentioned, in good condition, for which we
are under many obligations of gratitude. Accept my
kindest thanks. We are all very well and possessed of
the liveliest hopes for a speedy release, through the mer-
cies of a kind Providence. I am entirely without news.
I wrote to you early in March, and returned the cards
pressed with moss agreeable to request; since then I
have received no intelligence from you. I have letters
as late as the 12th of April from my family ; they were
well, and more prosperous than I could reasonably
suppose. Don't forget to thank Cousin M. for her
kind present of books. I will not have time to write
to her by this mail. Enclosed I send you a few moss-
cards. I am sorry it is not in my power to send some-
thing worthy of your kindness. I shall say to-day a
pair of beads for your intention. The weather is ex-
ceedingly warm here ; two were nearly overcome from
the effects of heat yesterday. Up to this time I have
heard of no fatal termination in consequence.
Hoping to have the pleasure soon of greeting you in
person, I am most truly.
Your cousin, etc.,
SamuEl'Mudd.
From Carmelite Convent,
Baltimore, Md., May, 1866.
Cousin Jere :
After reading this letter, please send it to Frank ; it
may be Jater news than she has had. I am glad the
things reached them in safety. They were a long time
on the way.
Sr. Josi;ph.
THU life of dr. SAJIUEI/ a. MUDD 177
New Orleans, May ii, 1866.
Dear Sam :
I have sent box containing canned fruits, etc., also
enclosed thirty dollars. Anything you need that the
authorities will permit, inform me and I will forward
to you. Frank and the children are well, also your
father's family. I think you may expect relief in a
short time. Trusting to hear from you, believe me,
Truly yours,
Thomas O. DYi;R.
Dept. General's Office, May 10, 1866.
The commanding ofificer at Dry Tortugas will please
permit Dr. Mudd to receive this letter with the en-
closed thirty dollars.
By order Major General Sheridan,
C. D. McCA^ifi^Y,
Capt. & Pro. Mar. Gen'l.
Received of the within thirty dollars, the sum of
twenty dollars, to be paid in installments.
F. Robinson,
2d Lieut.
Fort Jefferson, Florida, June 2, 1866.
My darling Frank :
I received yours of the 7th to-day, and beyond the
fact that Andrew has recovered from his accident, and
that you are all well, etc., imparted but little satisfac-
tion. I want no applause, no ovation, on my way
home, should Providence vouch the favor. On the
contrary, I desire more than ever quiet and content-
ment in the bosom of my precious little family.
I feel that I have complied with every duty to God,
to man and to the Government. My conscience rests
easy under all the grossly false and frivolous charges,
12
178 THE LIFE OF DR. SAMUEL A. HfXJDD
notwithstanding their approval by an unjust, bigoted,
and partisan Court. I scorn the idea, the doctrine that
the innocent should sufifer to satisfy a bloodthirsty and
vindictive people. Was Pilate justified in sanctioning
the death of our Saviour to appease the wrath of the
multitude, who cried out for his blood? They who
contend that the multitude, the mob, must rule, though
innocence and justice be trodden under foot, are walk-
ing exactly in the footsteps of poor weak old Pilate.
Spare me from the many kisses — they bode no good,
and the many promised visits deliver me from. These
things instead of having the effect you intended,
namely : to bear up my spirits, etc., having served only
to embitter. You are wrong to tolerate any such sen-
timent or interpretation — it only coincides with, or con-
firms, the verdict of the Court, who sentenced me to
this hell. I know, my darling, you never intended or
thought such an interpretation could be implied. For
the future, give me only family, and neighborhood
news. You need not say anything upon the subject of
my release; for, instead of lessening, it has increased
the bitterness of my banishment and close confinement.
I should sooner see, than hear talk of it. I would
sooner not be told and promised so often, and then not
to see it. Your husband,
Sam.
Fort Jefferson, Florida, June lo, 1866.
My darling Frank :
I received yesterday a letter from Cousin Ann, ap-
parently reflecting your opinions, protracting my stay
in this hell for several months longer. Thus I am led
like an infant beginning to crawl. Phantom-like, at
the moment you arrive at the summit of all your ex-
pectations, and are about to grasp the coveted prize, it
vanishes, or is seen only in the distance. The vagueries
THE LIFE OF DR. SAMUEL A. MUDD 179
which you and others had so impHcitly reHed upon as
certainties, and which were innocently imparted, or
intentionally to stimulate hopes, have had their react-
ing influence. I do not wish to be considered a scold ;
you know my temperament, that I am naturally nerv-
ous and excitable — to such there is perhaps no greater
or more painful state of trial than that occasioned by
severe and long suspense. When we know precisely
what we have to endure, we can usually call to our aid
the needed strength, and submission ; but a more than
ordinary patience and forbearance is necessary to en-
able us calmly and tranquilly to await the approach of
an important period, containing within its fleeting
hours the promise to us of life's sweetest joys in doubt
— our reunion. One moment hope usurps the misery
and promises happiness ; we smile, breathe freely, and
banish care and anxiety; but an instant more, and
some word, look, or even thought changes the whole
aspect, clouds take the place of smiles, the heart heaves
with apprehension, fear is awakened, and in proportion
as we have cherished a confident pleasure or joy, are
we plunged into the agony of doubt and disappoint-
ment. You are not alone, my darling, in contributing
to these emotions ; nearly every letter received the past
seven or eight months has had the tendency to lead me
to expect release at an early day; and that I should
now feel indifferent toward the reception of such let-
ters, is only the natural consequence of a nervous sen-
timent and feeling.
In my last I came to an abrupt close, the mail going
off sooner than I expected. I had not time to say all
that I intended, and to qualify that which I had writ-
ten, therefore, have fears you will mistake its purport.
You spoke of the sympathy of friends, etc. Their kind
wishes can never do me any good so long as I am here
caged ; on the contrary, I fear you do me harm by the
180 THE LIFE OF DR. SAMUEIi A. MXTDD
expression of any opinion favorable to the President
and his poHcy. This was hinted at some time ago by a
member of Congress, viz : "Even the conspirators
were favorable to his (the President's) plan of recon-
struction." You will do well, my darling Frank, since
you know every word and act is so grossly miscon-
strued, to cease all utterance upon political subjects
and adverting to the sympathy of friends in my regard.
I assure you I do not desire it. After all, it may be
only flattery, passing away an idle moment, or dissimu-
lation. Acts of indiscretion are often committed by
a too-confiding nature. Spurn those who would seek
to elevate pride.
My darling Frank, I had promised myself long ere
this the possession of more joy and happiness upon our
second reunion than realized at the first. We know
each other better, thus better able to reciprocate and
appreciate our mutual love and affection; besides sur-
rounded by our precious little children, naturally binds
us more closely, and will inspire us with every devo-
tion of love and gratitude to promote their welfare.
So confident was I at one time, that I did not deem it
necessary to write, believing that the arrival of the next
steamer would take me rejoicing to your fond em-
brace.
It is now two months or more since the decision of
the Supreme Court was rendered; time, I would say,
sufficient to ascertain its application and bestow its
benefits, yet hearing nothing definite in relation, leads
me to many conjectures. I am well, but you can better
imagine than I can express, the animus of a being who
has suffered so long the alternations of elevation and
depression of spirit. Don't send any more of my let-
ters to outside parties, and have as little to say as pos-
sible to the inquiries of others regarding me. Stone
THE LIFE OF DR. SAMUEL A. MUDD 181
and Ewing seem to be doing nothing. I have never
received a syllable from one of them.
Try, my darling Frank, to give me as correct an
idea of affairs as prudence will permit. Judging from
the newspapers, I think matters look quite hopeful, and
I can't bring myself to believe that I will be here a
month longer. I received a box of eatables and thirty
dollars from dear Tom on the 30th of May. This is
the third letter I have written to you recently. Father
O'Hara paid us a flying visit a few days ago, not in a
ministerial capacity; he being called away by the
Bishop. We will have no minister here again before
November next. He told me he had received a letter
from you, and handed me money in compliance with
your request; but I was well supplied, and returned
him thanks for responding to your ever-solicitous at-
tention in my regard.
Your devoted husband,
Sam Mudd.
Baltimore, June 13, 1866.
Dear Frank :
On my way up last Thursday I stopped in Wash-
ington, and had a long talk with Wood,* and he re-
quested me to say to you, he had given you his word
to do all for Sam in his power, and he never falsified
his word. He told me he would give me a letter which
he knew would be of great service; he was then very
busy, and preferred not writing until he could take the
time to write in such a manner as would be satisfac-
tory to himself and us. He promised to try and write
it on Sunday, and let me know as soon as he got it
ready, but I have not yet heard from him.
Ford [John T. of Ford's Theater] told me yesterday
he had engaged Reverdy Johnson in Spangler's case,
*Wm. P. Wood, the Keeper of the Old Capitol Prison.— Ed.
182 THE LIFE OF DR. SAMUEIi A. MtIDD
and would take action as soon as Congress adjourns;
he thought it useless to do anything before, as it would
probably do harm. Congress might take some action
to defeat him. I am very sanguine, after the adjourn-
ment of Congress, we will be able to accomplish Sam's
release ; and the so much desired event, namely : the
adjournment of that august body, will take place about
the first of July.
Your brother,
]m^ [Dyer].
Fort Jefferson, Florida, June 17, 1866.
My darling Frank :
Although your last and Fannie's, received the 13th
instant, held out no immediate prospect of release, on
the contrary led me to infer you had lost all hopes in
previous measures, and parties so confidently relied
upon, yet I assure you, though the effect was depress-
ing at first, after due consideration I could but feel
grateful to our all-kind Providence for having be-
stowed upon you so much ambition and cheerfulness
to bear up against our sudden change of fortune. I
am really proud of your success in farming, and regret
my want of language to express due praise. I am
afraid my presence would be only an incubus, the long
and close confinement, etc., endured rendering me but
illy prepared to contend actively with the pursuits
which the farm and my profession demand. Since
matters have progressed so well, I will be too happy
to surrender to you the dictation in all affairs pertain-
ing to the farm. I sometimes try to feel indifferent,
and ask myself the question — why should I feel dis-
turbed, my family can take care of themselves? — sep-
aration must inevitably come one day, and perhaps it
is better now than later. I have had every desire com-
mon to a husband and parent to be restored to my fam-
THE lilFE OF DR. SAMUEL A, MUDD 183
ily, and feel I have done all consistent with my knowl-
edge of right to be restored, failing in which has but
disinclined me to future efforts or hopes. My endeav-
ors are not to be resigned and careless, regardless of
every surrounding. You are, my darling, differently
situated. You have freedom of action, you have four
precious little babes to provide for, to love and be
loved, and my daily prayer has been, and for the future
will be, that you may be blessed with strength and
perseverance to perform agreeably to every duty re-
quired by our holy religion.
I can't imagine, after the turn which matters have
taken, why a shadow should come over your dream,
and render it necessary to put the management of my
case into other hands. I almost feel like advising you
to take no more counsel, but leave matters in statu
quo, believing further action now will not hasten, but,
on the contrary, cost money needed for the support of
you and family. However, being in no situation to
advise, I must leave you and our friends to judge
what steps are necessary to be taken. I have no news.
I wrote to you last on the loth and 13th. I am as well
as usual, weak and nervous from the long confine-
ment, otherwise healthy, and not much changed in ap-
pearance. Kiss all our darling little children, and, as
ever, most fond, and devotedly,
Your husband,
Sam.
Fort Jefferson, Florida, June 21, 1866.
My darling Frank:
Writing is the only pleasure I enjoy, because I im-
agine myself so many minutes in conversation; yet
much is dissipated by its being subject to the criti-
cism and scrutiny of others. My heart yearns to be
with you and our precious little children. How much
184 THE LIFE OF DR. SAMUEIi A. MUDD
I need your consoling and soothing voice, and the
happy and innocent pranks and glee of our dear little
ones, to cheer me up. In being separated from you,
my dear Frank, I am parted with all that I desire to
live for in this world. My restoration, I am afraid,
would afford me more pleasure than Divine Provi-
dence is willing to accord ; this thought gives me un-
easiness.
I have nothing new — matters are about the same.
My employment is the same, viz: sweeping down
the bastions. This does not occupy many minutes to
perform, when I can repair at my option to my quar-
ters, which consist of two casemates — being all the
time under close guard. My health continues gener-
ally good, though I am weak and nervous, which I
attribute to the diet, want of exercise and climate,
combined with the reception of unfavorable news, and
consequent agitation of mind. I have received no let-
ter from you since the one dated June the ist, from
the last week in May up to the present; this is the
seventh that I have written to you. I scarcely ever
receive any papers, although I have had the benefit of •
the papers received by my roommates. Write often,
and accept the kindest wishes of one that loves you
more dearly than life.
Your devoted husband,
Sam.
Fort Jefferson, Florida, June 24, 1866.
My darling Frank:
I wrote to you and Henry on the 21st instant, but
having written to Jere, I enclose this short epistle in
the same envelope. Writing to you is the only source
of pleasure I have on this inhospitable island, and I
never let an opportunity pass without availing myself
of it. The last mail I received no letter from any
THE LIFE OF DR. SAMUEL A. MUDD 185
one — mails arriving so seldom, about once in ten days,
making it generally a month between the reception of
your letters.
I had made calculations and promised myself the
gratification of the only desire of my heart to be with
you and our dear little children long before this late
period, and you can imagine my sore disappointment
when I discovered them to be only castles in the air.
I have lost patience and my usual serenity. I have
felt like throwing away pen and ink, and foregoing
the pleasure of ever writing again — and follow the
wise maxim, "Blessed are those who expect nothing,
for they shall not be disappointed." I know that you
would not knowingly deceive, and am rather disposed
to believe you were wilfully imposed upon by those
who knew better. I am in hopes you will be more
guarded in future, and not suffer your credulity to
mislead you again. My darling Frank, I arn nearly
worn out, the weather is almost suffocating, and mil-
lions of mosquitoes, fleas, and bedbugs infest the whole
island. We can't rest day or night in peace for the
mosquitoes.
The only objection I have to the linen shirts sent
me by Cousin Ann, is the fact they are not proof
against the penetrating beak of the mosquitoes, and I
fear I will have to throw them aside and take to the
flannel again. There is a great deal of sickness among
the white soldiers; the colored ones stand the climate
and diet better. The garrison is composed of one-half
black troops. There are about one hundred and sev-
enty prisoners here at this time; out of this number
there are not more than thirty whites, the balance are
negroes. I have no other news worthy of mention.
Your affectionate husband,
Samuei< Mudd.
186 THE LIFE OF DR. SAMUEL A. MUDD
Fort Jefferson, Florida, June 30, 1866.
My darling Frank:
In looking over my daily summary I find that dur-
ing the present month I have written to you on the
following dates, viz: the 3d, 7th, loth, 13th, 17th,
2 1 St, and 24th, besides three or four in the latter
part of May. Several mails have arrived without
bringing any news from any one. I do not complain,
but merely make mention in order that you may know
when I last received a letter. I have exhausted in
those letters all the language I had at command, ex-
pressive of my longing desire to be with you, and bitter
disappointment.
Nature does not tolerate an excess in anything
without a corresponding reaction. There is a positive
and negative to every question and thought — an equi-
librium must be kept up, and is essentially necessary
to the healthy or natural performance of every ma-
terial and immaterial act ; being lost, destruction either
ensues or things fail to be comprehended in their sen-
sible and rational form. I believe I am philosophizing,
but all that I wish to be understood is, that suffering is
just as natural to follow a sudden fading away of
bright hopes, as day, night.
I am now composed, and feel somewhat like my
former self, determined and resolute, and will likely
remain so until shaken by a repetition of insidious
and insinuating intelligence, having only the tendency
to confuse, inspire doubt and irregularity of the mind,
which many of you so well understand. Try and do
not deceive me again; if you know nothing positive,
have the resolution to tell me so. I can appreciate
your love and anxiety in my regard, and fear you have
concealed the true nature of affairs, lest it might cause
me pain. How different have I acted toward you. I
have never failed to give you, as far as in my power,
THE LIFE OF DR. SAMUEL A. MUDD 187
a true condition of my health, treatment, etc., so that
your mind might be prepared even for the worst.
We have received the Baltimore Weekly Sun of the
i6th and Gazette of the 19th. I have seen an extract
of Harris's speech made in Congress and some
sketches taken from the report of Dr. Craben upon
the treatment, etc., of Jeff Davis. If you can obtain
these in full, you will much oblige by sending at your
earliest opportunity. I expect nothing will be done
toward our relief until after the adjournment of
Congress. I am in my usual health. I am truly in
hopes Ma's health has improved ere this. Tell
Tommy and Sammy that Papa had a dream that he
was down in the "swamp" and enjoyed a hearty laugh
at their race after the little fishes. How much I de-
sire to see you all. Write soon, give me all current
news, and believe me most affectionately.
Your husband,
Sam.
Fort Jefferson, Florida, July 20, 1866.
My darling Frank :
Owing to stormy weather, we have not had an ar-
rival of mail for several days. To-day two steamers
came into port, one a gunboat, the other a transport,
and the mail schooner is just in sight. This is some-
thing unusual, and you can't imagine how hopeful I
have been the past few minutes. One of the steam-
ers has just come to the wharf bringing some thirty
odd additional prisoners from New Orleans and sur-
rounding (Gulf) Military District. The gunboat is
anchored out and has just landed a boat crew with
four naval officers; they have marched to headquar-
ters, I suppose to confer with the General Command-
ant. I am inquiring every minute, yet have not heard
so much as a rumor. The schooner has just come in,
188 XHE LIFE OF DR. SAMUEL A. MUDD
bringing no mail ; this throws a gloom over me — it will
now be a week or ten days before the next arrival. I
have just heard that there are twenty released prison-
ers, this exciting my envy, and caused the query,
"When, oh! when will my time come?"
I suppose the public mind is too much engaged with
the affairs of Congress to entertain the subject at
present. How anxiously I have been waiting for them
to adjourn, and cease unsettling the country. I have
now finished giving you all the news that has trans-
pired since I last wrote, which was on the 13th. I
wrote Fannie a short note in the same, and sent her
some moss-cards. I wrote to Sissy on the 12th. You
write so seldom (about twice a month) and give so
little news, I find it difficult to say much, or to comply
with a former desire of yours, viz : to write long let-
ters. You never think to give me any of the neighbor-
hood news. I desired, in a letter some time ago, to
know what disposition was made of John T. Hardy's
place, and whether any other farms had changed
hands? Beyond births and deaths, you never men-
tion anything. Generally your letters are short, and
so careless and indifferently written that I sometimes
imagine that you only wish to keep up the forms, and
have something to swear by. I have one or two let-
ters which I could neither read nor understand.
Words were spelled backwards, and sometimes a
whole syllable left out. That which I could not make
out, I am not able to state what was wanting. I am
partly resolved for the future, to write no letters, only
in answer to those I receive. I cannot impart any
comfort to you by writing so often, nor relieve myself
from misery that ever attends. You must not think
I am in a pet or in anger; on the contrary, I feel in
better spirits at this moment than for several months
past, consequently, better disposed to unload my breast
THE lilFE OF DR. SAMUEL A. MtIDD 189
of what has existed for some time. You must not be-
lieve me so unreasonable as to expect you always to .
convey hopeful intelligence; to the reverse, I have de-
sired you to say nothing on the subject of my release,
unless you had positive facts, and prudence did not
forbid its revelation. My darling Frank, for the fu-
ture, do not let the subject of my release cause you
the slightest uneasiness or trouble. What can't be
helped must be borne, contented or otherwise. I can't
bring myself to believe my stay will be much longer
delayed.
For the want of reading matter, I have the past
week overhauled all my correspondence, commencing
from the earliest to the latest date after my unfortu-
nate landing at this place. I have been led like a child
beginning to walk, with the difference that the child
always succeeds in reaching a neighboring chair with
a struggle.
My darling Frank, my sweet wife, how anxious I
am to see you all. My heart at times almost bursts,
and feels as if it would leap from my breast. Know-
ing this, I am in hopes you will bear up bravely, and
remain steadfast for my sake, and for the good of
our precious little ones. There is no sacrifice under
heaven that I would not make to see and be with you
again as in days gone by.
Hoping the time of our cruel separation is close at
hand, and that we will be again happy united in bonds
of double love and matrimonial accord, I am, my dar-
ling Frank,
Your faithful and devoted husband,
SamuEi, Mudd.
CHAPTER XI
PRISON LIFE IN 1866, CONTINUED — GENERAI, SHER-
IDAN INTERVENES EOR BETTER TREATMENT OB
PRISONERS.
Headquarters Military Division of the Gulf,
New Orleans, July 21, 1866.
My dear Friend :
Your kind note of July 12 has come to hand, and
gives me great pleasure to hear from you. I will
write to General Foster to subject Dr. Mudd to only
such punishment as is warranted by the condition of
his sentence.
Should I visit Washington, it will give me great
pleasure to pay my respects to you, and to renew to
you my bond of love and reverence. I am.
Your obedient servant,
Phie Sheridan,
Major General.
To Rev. N. S. Young,
St. Dominick's Church,
Washington.
St. Dominick's Church, Washington, D. C,
July 26th, 1866.
Mr. H. L. Mudd [father of Dr. Saml. A. Mudd].
My dear Friend: I send you this letter from Gen-
eral Phil Sheridan, hoping it may give you all some
consolation to learn that your dear son. Dr. Mudd's
condition will be ameliorated. I wrote to General
Sheridan to obtain for him at least this compassion.
I told him that you and the Doctor's family were my
particular friends. As soon as you can, let the Dr.
THE LIFE OF DR. SAMUEL A. MUDD 191
know the promise General Sheridan has made me;
and ask him to inform you if General Poster has exe-
cuted that promise.
I am sorry that your heart is yet afflicted by the con-
tinued bad health of your good wife. You will be re-
signed, I am sure, under all your great trials. They
are intended by our good God to prepare us for a bet-
ter life and add to our crown of glory. If possible,
I shall pay you a visit soon, and once more have the
happiness of offering up for you and your good fam-
ily the Holy Sacrifice of the Altar.
Give my kindest respects and remembrance to each
one of your family, and that God may bless you all
is the prayer of
Your sincere friend, etc.,
N. S. Young.
Fort Jefferson, Florida, July 26, 1866.
My darling Frank :
I received yours of the loth this morning. The
boat will return to Key West in a short time, so I
can't say much. With all my exertions, I have not
been able to crawl from my present locality. Yet the
mind with hopes, as in a dream, was carried from one
period to another, and apparently when in the act of
taking my flight to Heaven, and dreading to look
back, fearing the fate of the wife of poor old Lot, all
vanished as smoke, and the same dread reality ex-
isted.
Bright beams begin again to lend their light, and I
have been induced to believe, with the visitation of
cholera upon the city of "magnificent distances" and
crime, a scatteration might be produced, and give our
worthy Chief Magistrate a chance to look into my
case, and purge it from the foul suspicions placed upon
my unsuspecting shoulders, although he will be un-
192 THE MPE OF DR. SAMUEL A. »niDD
able to repair the injury. Every dollar the nation is
worth is insufficient to that end.
I am very sorry, my dai^ling Frank, I can't be moi e
entertaining; be not offended with my criticism or
resolutions, expressed in the foregoing. I forgot to
credit you with the burdens and cares of our darling
little children and family, and the distraction that they
naturally produce. Write as often as inclination and
freedom from the restraint of family will permit. I
can't ask more. I can write every day, and it would
be an agreeable pastime, but there would be no op-
portunity of mailing, nor would it be necessary; but
I never fail to comply with my promise to write by
every mail that leaves this place. If you write often,
I will always have a letter to answer, which will be far
more agreeable and pleasant.
I shall be content until after Congress adjourns;
after that, I shall be anxious, and look for some de-
cided action to be taken by you and my friends;
otherwise, I will give up all hopes of ever leaving this
place alive, and live only to curse my enemies, as I
will merely remark that I perceive not the slightest
change in the character of your letters; it is another
put off, another child's play — to play and torment and
vex me. I will now proceed to give you plainly what
I mean by child's play, viz: It was three months be-
fore Christmas that I had the happiness of dining
with you on that festive day, then you had hired a
servant who would remain until the spring (three
months longer). I had the duty of supplying her
place. Now, my darling Frank, what a splendid din-
ner! What delicacies, etc.! Don't I enjoy myself?
Then how I was favored in finding such a neat, tidy
and active servant for you. The spider could no
longer spin his silken cords unharmed, etc. The
President's proclamation appears in April. May,
THE LIFE OP DB. SAMUEL A. MUDD 193
sweet May would be the consummation of all my
earthly joys. I would be treated to green grass, and
dipped into some health-restoring fountain. In a
word, I would be transplanted to Elysium. Now, do
you remember how I floated through the aerial vapors,
resting in placid dreams upon the bubbling clouds and
visiting the moon? Venus would attend me. The
decision of the Supreme Court is made public, this is
what has been looked for all the time. I am released
from hell and summoned to heaven, but held by ter-
rible Mars. Poor old Achilles, shot in the heel ! Un-
forgetful mother! why didst thou not turn and dip
the other end? Now I have a feast of three months
longer. My darling Frank, I have grown weary of
these delights ; cease, for God's sake, if not for mine,
extending the time. The "first of September," "two
or three months longer," "be patient," etc., are expres-
sions of yours, and seem only moments in your
thoughts of the future; but they excite my calcula-
tions, and cause the days, hours, and minutes to be
counted, whereas, if you said nothing, since you know
nothing, the time might pass by and be forgotten.
Don't, my sweet wife, write any more in this loose
style. Let me know whether you are sick or well, and
the health of all home ones, the neighborhood arid
farming afifairs, etc. I am not so anxious about re-
lease, so long as I know you are well and content, but
I dislike being treated as a child. I am far less de-
sirous about release now than I was some time ago.
Fifteen months of the most brutal and degrading im-
prisonment has done its work. I am broken down
and good for nothing. You spoke of turning gray —
I am nearly bald.
In reading the papers, I perceive nothing clearer
than the near approach of anarchy. I feel sorry for
13
194 THE LIFE OF DR. SAMUEL A. MUBD
you and our dear little children, but for myself my ene-
mies have done all the harm they can do me, and death
would only free me from a greater misery. I hope
they may meet with the chastisement their crimes de-
serve, in this world, as a warning to future genera-
tions. The inspired volume reminds us of Retributive
Justice, and those need fear who have perjured, cal-
umniated and endeavored to reform the divine laws,
and remodel His works.
I have my usual health. We have three sentries
within ten feet of our door that cry out the hours of
the night at the pitch of their voices, which awakens
us and destroys all sleep. This is a recent change and
an aggravation. I have no news. The mail we re-
ceived to-day is the only mail we have received of this
month's news. I received Mr. Harris's speech, and
two Sun papers from you. You need not bother your-
self in sending the Sun, as we get it regularly; one
of our members being a subscriber; also the Gazette.
Comments from other papers, you can send.
Give my love to all home ones, present my kindest
thanks to Mr. Best for his true devotion to self and
family. Your devoted husband,
Sam.
Fort Jefferson, Florida, August 6, 1866.
My darling Frank:
I wrote to you last on the 26th and 30th of July.
Mails arrive quite seldom now, owing, I understand,
to quarantine regulations. One of the mail boats ar-
rived here this morning, although bringing no mail.
She will leave this evening at 6 o'clock. To relieve
you of fear in my regard, I post these few hasty lines
to acquaint you with the fact that I am in possession
of my usual health and spirits. I am more afflicted
when I think of you and our dear little children, know-
THE LIFE OF DR. SAMtlEL A. MIIDD 195
ing how dependent you must be, and how incapable
you are to provide for self and family without the in-
tervention of kind friends. Your burdens and re-
sponsibilities will increase daily, and you must sum up
all your resolution and courage to brave misfortune.
Instruct and educate the children as well as you can;
be gentle, kind and positive, enforce obedience and re-
spect now whilst they are young, and when they grow
older they will not give you trouble and cause shame.
You can promise yourself nothing certain in this
world, therefore do not act on the idea that I will soon
be home, and that it will be unnecessary for you to
observe duties that it would be my place to attend to.
Should I be favored with an immediate release, I fear
I shall lack the strength, for a considerable time, to
perform the least labor.
In appearance I have not much changed. I am told
I am growing fat, and seem a picture of health; ap-
pearances deceive, and my legs have to work terribly
to get the body along. Begin now, my darling Frank,
to act as if you expected nothing, only what was to
be accomplished through your own exertions, and you
will not sufifer the pain of disappointment, nor lack the
energy when it is most needed. Give my love to all,
write soon, and believe me as ever,
Your fond and affectionate husband,
Sam.
Fort Jefferson, Florida, August 9, 1866.
My darling Frank :
The papers give full accounts of the proceedings of
the National Convention, and the President's procla-
mation restoring all the States to all their former priv-
ileges, which with the promise contained in your let-
ter relieves me of all doubt regarding a much longer
separation. I now hail with delight the thought of
196 THE LIFE OF DR. SAMUEL A. MUDD
soon being in the fond embrace of you and our little
ones, sharing with you, to the extent of my ability, the
blessings and privations of life in this miserable world.
We are still under close guard. There is a sheriff
at Key West. Should you get out a writ, it may be
well to know the fact; but according to the learned
counsel in the recent habeas corpus case at Charleston,
we are in the hands of the President, and you will have
to bring action against him. I am sorry to involve
expense, which I know you cannot meet without the
intervention of kind friends. Steamers pass here al-
most daily on their way to New Orleans, and other
points on the Gulf, and it would be attended with but
little delay to one of those to stop and take us off. By
acting with the friends of my roommates, it would
make the expense much lighter. A message could be
sent per telegraph to New Orleans giving direction
and instructions to competent parties, thus excluding
the necessity of sending a party down from home.
This will be my last letter. Give my love to all.
Your affectionate husband,
Sam.
Fort Jefferson, Florida, August 13, 1866.
My precious Wife:
I received yours of the 20th and 28th of July on
the loth. I was sorry to hear of our little Tommy's
indisposition. I am in hopes it will soon pass away,
and be my fortune to realize your expectations. You
spoke of the murder of Mr. Lyles, and the papers
mention the robbery of Mr. Posey. Owing to their
proximity to you, I have suffered some alarm, know-
ing your timid nature and unprotected and helpless
condition. Such crimes, and far more brutal, are of
daily occurrence, and when far away hardly excite
our horrors; so soon does the mind become familiar
THE LIFE OP DB. SAMUEL A. MCBD 197
by their daily narration through the press. I think
it advisable for the citizens to take measures of pre-
caution, by appointing suitable officers in every dis-
trict to inquire into the condition and purpose of every
suspicious party. These atrocities are only the fruit
of the late unnatural strife, and we can only blame the
fanatical majority of Congress for their long continu-
ance. Congress by its action has rather favored than
imposed the needed restraints upon these horrid
enormities.
I rejoice to see the noble response of the people in
behalf of the President's policy, the influence of which
response, I am led to believe, will soon induce him to
exert his constitutional prerogative and issue a proc-
lamation of amnesty restoring to all the States their
original rights and privileges. Much, though, depends
upon the harmony of the Philadelphia Convention
which meets to-morrow. The cholera prevailing there
will, I fear, prevent a full attendance.
You seem to manifest some uneasiness on my ac-
count, apprehending the injurious effects of the heat
upon my feeble constitution. In this regard I must
remark that the climate being more moist and equable,
is not liable to the evil and depressing effects, as with
you. Heat in the sun here is very great, yet rarely at-
tended with "sun stroke" ; no fatal case from this
cause having occurred since I have been here. When-
ever there is a breeze, which is generally the case, it is
always pleasant. A strict eye is kept to the cleanli-
ness of the place, and being remote from the main
land, we have no fears of any infectious or epidemic
disease. Unsuitable diet, beef, pork, etc., are more
frequent causes of disorders and disease than locality
or climate. We stand in need of a vegetable and fruit
diet, of which this place is woefully deficient. My
strength and general health have improved within the
198 THE LIFE OF DR. SAMUEL A. MtJDD
past week or two. With suitable diet and proper ex-
ercise, I feel that I would soon be my former self
again. Allow yourself no unnecessary uneasiness. I
have more fear concerning habits contracted by an
unavoidable indolence than I have of speedy dissolu-
tion by organic or infectious diesase. Mails arrive
now very seldom, being seventeen days between the
last two. Give my love to dear Ma, Pa, and the fam-
ily.
I wrote to Jere some days ago and enclosed a note
to you. We have money enough to supply our wants
for some time to come, so give yourself no uneasiness
on this point. I am truly delighted to know that your
crops are looking well, and promise a fruitful yield.
In Fannie's last she spoke rather discouragingly of the
prospects of the crops.
Kiss all our dear little children, and wishing you a
pleasant and successful trip to Washington, I am, my
darling Frank, as ever,
Your devoted husband,
Sam.
Fort Jefferson, Florida, August i8, 1866.
My dearest Cousin:
I received your last a week or two ago. Being like
yourself, without anything likely to interest, I delayed
writing until the present, hoping for something to
turn up, whereby I might be furnished with a theme;
but the same old monotony continues to exist, etc. The
fear that you may think your kind letters are not prop-
erly reciprocated, prompts me at least to an acknowl-
edgment. Instead of a lack of appreciation, I value
your letters more than all the rest of my correspond-
ents, because you do not appear to disguise the true
nature of affairs, and lead me contrary to the expec-
tations of my friends — thereby, causing the time to
THE LIFE OF DR. SAMUEL A. MUDD 199
pass more observed, suspense more painful, and in the
end, the blight of disappointment.
You asked me if I did not feel honored at seeing
my name so often mentioned and commented upon in
the "public prints." I assure you, so far from exciting
rny pride, it creates in my heart only feelings of indig-
nation. The greatest honor they can show me is to
release me ; until this is consummated, I shall consider
their time, ink, and paper thrown away, and all they
can say as empty. I am truly in hopes that what has
been said will be the means of directing public opinion
to the great wrong perpetrated upon my personal
rights as an American citizen, and that the outrage
will not be suffered much longer to continue.
We were visited the first week in July last by Father
Clauriel (a little Frenchman) from Savannah, Ga. I
had the consolation of going to confession, and receiv-
ing holy communion on the 8th.
My health is much better now than some two or
three weeks ago. I attribute the change to the kind-
ness of the officials in giving us a plank floor to our
sleeping quarters. Up to a late period we were upon
a dirty floor, which was very wet and damp all the
time. After every rain, our quarters leak terribly,
and it's not unusual to dip up from the floor ten and
twelve large buckets of water daily. We have a hole
dug in the floor and little trenches cut, so as to con-
centrate the aqueous secretion, which facilitates the
dipping up process and freeing the room from noxious
miasma.
Having nothing more worthy at my command, I
send you a small collection of moss-cards — ten small
and one large intended for a wreath. I regret my bad
taste, manipulation, and paper. Should I be so fort-
unate as to have an early release, I shall endeavor to
procure a large assortment of shells, etc., considered
200 THE IjIPE OP DB. SAMUBIi A. MUDD
curiosities with you, which I will present you with,
should you desire them. They cost us nothing here,
and if you wish them, let me know in your next, and
if any particular variety.
Present my kindest regards to Sister M. and the
rest of the saintly members of your association.
Hoping a continuation of your prayerful supplica-
tion, and to hear again from you soon, I am most
truly and sincerely.
Your cousin, etc.,
Samu^i, a. Mudd.
To Sr. Joseph. [Carmelite Convent, Baltimore, Md.J
Fort Jefferson, Florida, August 20, 1866.
My darling Frank:
I am now feeling perfectly well, and improved in
health and flesh, which I attribute to the laying of a
plank floor in our quarters. My hair has also taken
new life, and in a short time will have a thick suit,
even where it was most thin. I am entirely without
news of importance. The mails arrive now about once
in three weeks, and in the interim nearly every one
becomes cross and peevish. The mail boats, I under-
stand, are not allowed to enter the port of Havana
from this place without undergoing quarantine regu-
lation, which causes the delay. The health of the Post
remains remarkably good, no epidemic or infectious
disease having made its appearance. The principal
disorders arise, I think, from the use of stale and salt
diet. We never use it, consequently remain exempt.
I have not touched a piece of salt beef or pork for nine
or ten months.
Don't let this letter cause you uneasiness; for the
future confide in none but the most honest and reliable.
You need not reply to it, if prudence forbids. I fear
injury to my cause has resulted from matters being
THE LIFE OF DR. SAMUEIi A. MUDD 201
made too public. You do wrong also, I fear, in com-
municating with Cousin Ann, and in mentioning the
names of parties. Very often they do not like to be
known, and often take offense. Be guarded, my dar-
ling child, how you act in the future. Use discretion,
and don't depend too much on your own judgment.
My soul is tired of this place beyond expression — do
nothing that may tend to prolong my exile. How
unxiously I am waiting for the arrival of the prom-
ised release ! Act immediately. I don't see that any-
thing can be gained by delay, for the courts, in the
course of time, are bound to release us. Let me have
at least an honest exposition of my case before the
President.
Give my love to Pa, Ma, and all the family, and ac-
cept the most endearing sentiments of the heart of
your afflicted and distressed husband,
Sam.
Fort Jefferson, August 22, 1866.
My darling Frank:
I wrote to you on the loth, 13th, and 20th, oppor-
tunity presenting. I again avail myself of this only
pleasure, indulging with you a short pen and ink con-
fab. By the time this reaches you, the first of Sep-
tember will be at hand, and with it the promise of a
speedy "homeward bound," as fast as steam and sail
can bring me, your long-lost and desolate exiled; or
will he be again doomed to disappointment? I can't
bring myself to believe those in authority will much
longer disregard every principle of justice and fair
dealing to satisfy vulgar thirst for vengeance. The
Government certainly is aware by this time of the un-
precedented number of false and perjured witnesses,
and by no action being taken to bring these scoundrels
to account, an invitation is indirectly given to these
202 THE MFE OF DR. SAMUEIi A. MXGDD
and every plotter against the lives and liberty of their
fellow-men to continue, and come forward with their
mendacious yarns for monied and party considera-
tion. I am firmly convinced, by circumstances, that
men were bought to give false testimony. Those in
authority, in their zeal to find out the originators, ac-
tors, and accomplices, offered enormous rewards for
evidence, and the apprehension and conviction of the
parties. This alone was a sufficient inducement to the
unscrupulous, who were adroit enough to frame a
plausible tale, to make "merchandise" of the most sa-
cred right and duty of man, his oath. For God's sake
lose no time in bringing this subject before the Presi-
dent. No matter how he decides (pro or con), I shall
be happy to have the sanction of his authority.
The report of the Judiciary Committee favors the
trial of Davis upon the false and frivolous charges
which were adduced upon our trial in connection with
the assassination. With equal justice inight every
distiller of whiskey be arraigned and tried for all the
crimes committed by its abuse, and every man be at
the mercy of an enemy capable of writing him a ficti-
tious letter. I have read nearly all the charges made
by this committee against Davis, and I can't see for
my life the least shadow of evidence to connect him
with the infamous deed — which circumstances alone
are sufficient to refute, independent of the unreliability
of the testimony. Arnold's letter, upon which they
built the conspiracy, shows conclusively that up to a
late period in March, 1865, Booth had no connection
with the Richmond authorities, or their Canadian
agents. This letter and his statement, which the Gov-
ernment has never made public, is worth all the evi-
dence brought forward by the prosecution, so far as
showing the motive and intention of the parties. I
believe sincerely there are parties at the head of the
THE LIFE OF DB. SAMUEL A. MUDD 203
different departments of the Government who delight
in human affliction and suffering, especially when they
can by any pretext prosper their own, or their party's
cause. I cannot view the conduct of Judge Holt other-
wise; his attempt through a parcel of false and per-
jured statements, to bring public opinion to bear upon
my case, after the trial was over, and when I had no
power to rebut, shows his animus and is unpardonable
for one occupying his position. I am ignorant of the
laws, but certainly this act does not appear to me like
justice. It is hard to suffer without the consciousness
of having committed the least wrong, and with full
knowledge of the foul and unfair means resorted to
to bring it about. I am almost driven to desperation
when I reflect upon the outrages I have already en-
dured and continue to suffer. You will please impart
the subject of this letter to my counsel and friends that
they may determine and act immediately.
I am feeling quite strong again. We have, through
the kindness of ofificials, a plank floor placed in our
quarters, which renders it a thousand times more com-
fortable. Before, we were on the ground, and half
of the room continually wet from leakage through the
ceiling. Yesterday a negro accidentally fell over-
board, and was drowned. There were a large num-
ber present, and no effort was made to save him. How
tired I am of this life, and how anxious I am to see
you and our precious little children, and home ones.
When you write, do not disguise the truth. I^t me
know the worst and hope for the best. Answer this
soon.
Give my love to all, and believe me as ever.
Your devoted husband,
Sam Mudd.
204 THE lilFE OP DR. SAMUEL A. MIIDD
Fort Jefferson, Florida, August 23, 1866.
My darling Frank:
I have just this moment received yours of the 7th
and Fannie's of the 2d. I am happy to know that you
are all living and have thus far escaped greater afflic-
tions than mere indisposition on the part of our dear
little pets. It grieves me to hear of Ma's continued
bad health. Your letter differs on this point essentially
from Fannie's. God grant she may be spared many
years yet is my constant prayer.
I am sorry you vi^ere not able to communicate more
gladdening tidings after your visit to Washington. I
suppose it vi^as too early after adjournment, and the
parties whom you mentioned preferred awaiting the
action of the Philadelphia Convention, which met on
the 14th instant, to obtain anything decisive. I regret
to see so much subserviency on the part of our public
men, without ideas or mind of their own, but mere
weathercocks of public opinion. They seem to throw
law and justice entirely out of the question, and are
afraid to act only upon what may be public sentiment.
So much afraid are they that their acts, though strictly
in conformity to every principle of justice, may be
used to the detriment of party, they hesitate and post-
pone action until warranted by circumstances to be-
lieve that no injury can result to their political ambi-
tion.
Fannie sent me the letters of Father Young and
General Sheridan. You will present my thanks to Fa-
ther Young for having through his solicitation, suc-
ceeded in calling the attention and influence of General
Sheridan to the grievances under which we suffer.
We have been under close guard both day and night
since November last, and no word or act of ours could
escape the scrutiny of the sentinel. We can't move
five steps from our door without permission of the
THE LIFE OF DR. SAftnJEL A. MUDD 205
sergeant of the guard, and followed by the sentry.
When we, are at work or walking, we can't moi'e
faster than the guard is disposed to walk himself, so
you see all running, fast walking, wrestling, etc., is ex-
cluded. This is now our principal grievance, which has
been brought about by no word or act of ours. All the
rest of the prisoners, except those confined to the guard-
house, are allowed the freedom of the island; we ask
no more. The only amelioration we have received
recently is the rendering our quarters more comfort-
able by a plank floor instead of the former dirt, wet
and damp. I do not complain of the labor, it is com-
paratively nothing, but being under guard is a con-
tinual confinement, or a check to all free exercise.
By this morning's mail I learn the four recently ar-
rived prisoners from Charleston will be transferred to
Fort Delaware, thereby placing them under the oper-
ation of the writ of habeas corpus. I think it would
be better on the part of the Government to release
them at once, than place them where they can effect
it with a little trouble and expense. Nature provides
for all its wants, and on that principle alone can I ex-
plain the peculiarity of my appetite. All articles of
meat, salt and fresh, are repulsive. I can't bear the
sight of them. My diet consists principally of mo-
lasses, when we can get it, butter, canned tomatoes,
beans, etc. The bread we get is usually very good,
though at times is very bad. Having little or no duty
to perform, and no exercise, but little and the light-
est diet is required to satisfy the wants of nature.
Gross, heavy diet would, in this climate, and under ex-
isting circumstances, be highly injurious. I am told
by all that I am growing fat, yet I do not consume in
a day as much as one of our little children at one meal.
With the exception of bread and coffee, we subsist
ourselves entirely by making little work boxes, picture
206 THE LIFE OF DR. SAMUEL A. MUDD
frames, which we shell and inlay with different kinds
of colors of wood. These command a ready sale to
visitors, and soldiers of the garrison. Should my stay
be protracted beyond September, you can write to
Tom to send me a box, as everything is very high
at the post sutler's. I am very well and hopeful.
Yours,
Sam.
Fort Jefferson, Florida, August 31, 1866.
My darling Frank :
The last letters received were Fannie's of the 2d and
yours of the 7th of August. I am very well. No news
worthy of interest. The mail leaves in a short time,
so I have no time to say more. I wrote to you last on
the 22d and 23d of August, and made known to you
then all that was desirable on my part. I have no
further request to make, but hope sincerely this may
be the last tidings you may have from me in the shape
of a letter from this place. The Fort has been unusu-
ally healthy thus far. Remember me to Mr. Best, and
tell him not to expose himself, in securing the crops,
unnecessarily.
Give my love to all, and pray for your disconsolate
husband,
S. A. MuDD.
Fort Jefferson, Florida, September 3d, 1866.
My dear Tom :
I have been truly anxious to hear from you for some
time. I have been led to believe the whole South ex-
terminated, or reduced to abject slavery, until news
of the recent riot reached us. I am grieved at the oc-
currence, the loss of valuable lives, but proud to know
THE LIFE OP DR. SAMUEL A. MUDD 207
there is manhood enough left among the people to re-
buke the oppression of the interventionists.
The mail will leave in a few minutes, so I have
barely time to tell that I am well and continue to hope
for an early release. Why don't you write to me
sometimes? You do not say in any of your short
notes with whom you are engaged in business, or speak
concerning any of our old relations and friends.
Write occasionally and send me papers that may con-
tain matters of interest. The last intelligence I had
from home was from Frank dated August 7. Jere
seldom writes, and when he does, never gives any
neighborhood news, consequently I am ignorant of
what is transpiring outside of this miserable place.
Write soon and give all news. Remember me to
all relatives and friends, and believe me most truly,
Your brother, etc.,
Sam.
Fort Jefiferson, October 11, 1866.
My darling Frank :
Yours of the 14th of September, also a box and
thirty dollars from Tom has been received.
I regret to hear of your troubles and our afflicted
little children. You ask counsel upon the subject of
my release (this is done, I suppose, to make delay
plausible). You know that I am unable to give
advice, being unacquainted with the difficulties and
circumstances.
Fearing my silence might be misconstrued, you see
I have again written, though contrary to previous re-
solves. I am well. Give my love tO' all, kiss our
darling little ones, and answer.
Your devoted husband,
Samuei* M.
208 THE LIFE OF DR. SAMUEIi A. MUDD
Fort Jefferson, Florida, October 14, 1866.
My darling Frank:
I received to-day yours of September 24 expressing
some fears as to the statement in some paper regarding
me. I received word also from the General, inform-
ing me of the reception of a letter from you, inquiring
into the truth of the matter. I am sorry you should
have been misled by so apparent a fabrication. I am
very well and my health much better than some time
ago.
Parties who are given to lying and suborning per-
jury to sustain their own wicked preconceived ideas,
can easily invent a malicious newspaper report. For
the future, give yourself no uneasiness concerning
what may be said by newspapers. I wrote to you on
the 9th and 24th of September and the nth of Oc-
tober. These letters will reach you, though contain-
ing no denial (as I was not aware of the He), and it
will be evident that no such outrage has taken place.
Tell Jere to try and find out from whence this
infamous report originated. I can scarcely credit the
idea that it came from this place, although I do not
know the animus of those around me, having had no
conversation nor disposition, since I have been so
falsely and inhumanly represented and treated.
Yours,
Sam.
Fort Jefferson, October 28, 1866.
My dear Jere :
Except by indirect allusion of others, it has been a
long time since I have heard from you. Time has
already falsified the predictions which they gave upon
your authority, and it has seemed to me "you picked
the stones for others to throw" — but enough, I must be
short. The time intervening between this and the
THE lilFB OF DR. SAMUEL A. MUDD 209
assembling of next Congress is growing quite short,
and the indications are that there will be a stormy time
between the President and the majority. Should mat-
ters be prolonged until that period, I shall give up all
hope, for the excitement consequent will be plead an
excuse for further delay and continuing the outrage,
against me, of all law, justice and humanity. Neither
the President nor Congress will assume the responsi-
bility to release, and I shall be here a living sacrifice to
the damnable ends of party.
I saw something in the papers some time ago
intimating that a memorial was being gotten up by my
friends, and would be presented to the President, on his
return from the West, for my release. A considerable
time has elapsed since, and I have not heard a single
word in reference. I am truly desirous of knowing
something definite in regard to my future fate, or what
may be the pleasure of the Government.
An order came by the last mail to send on the names
of all those who have been here six months, except the
state prisoners (meaning us), and those who are here
upon the charge of murder, arson, and rape. We are
the only prisoners that are styled state prisoners.
Why is this ? Let me know in your next.
Hoping you will not let this (only) auspicious
moment mentioned above pass disregarded, and that
you will let me hear from you immediately upon the
receipt of this, I am.
Most truly your brother,
Samueiv M.
Fort Jefiferson, October 30, 1866.
My darling Frank :
I wrote you last on the 25th, also by the same mail
to Cecie and Cousin Ann. I wrote yesterday to Jere,
14
210 THE LIFE OF DB. SAMUEL A. MUDD
■ - ■. ' ■■■- - ■*.
and made known to him all my desires. You had
better in future consult him in reference to all domestic
affairs, and act agreeably to his judgment. I have
but little means of ascertaining the many difficulties and
embarrassments under which you have to contend,
therefore, incompetent to form an opinion.
I view actions more than I do words. What con-
cerns me most, seems nobody's business, and I am fast
losing all forbearance under the cruel and unwarranted
oppression to which I am subjected, the result of a
tyrannical and unjustifiable usurpation. I have been
over eighteen months languishing in prison for no
crime against God or man that I am cognizant of, and
I think it high time the friends of humanity and law,
particularly my own personal friends and relations,
were coming to the rescue. I don't believe any good
will come of the party or nation that will tolerate such
injustice ; sooner or later they will meet with the same
judgment and chastisement they mete to others.
For the future try not to deceive me by representa-
tions from others. The six weeks and the two months
have passed, and I am still here a victim to the folly of
the nation. Do not let me lose confidence in you, do
not throw stones which others have picked.
Jere was kind enough to give you this information
perhaps for your own satisfaction. He told Cousin
Ann the same, yet he has not written one word in
regard to me. Does not this look contradictory, and
that he intended to deceive me through you and others ?
The Court refuses to try Davis agreeably to appoint-
ment, and it is quite uncertain whether they will meet
at the regular term in November; if so, their judg-
ment upon the trial of civilians by court martial will
continue to remain unfiled, also upon the test oath
question. I am unable to surmise, having had no in-
formation from any of my friends, and only such news
THE LIFE OP DR. SA3IUEIi A. MUDD 211
as I have been able to glean from a lying and
infamous press.
Let me know at your earliest convenience what has
been done favorable, or otherwise. Let me know the
whole truth, if prudent, otherwise it will not be neces-
sary to mention the subject. I would rather be in
complete ignorance than have the reliance of mere con-
jecture. Write soon and give all neighboring and
farming news.
Sincerely hoping this may be my last letter, and that
our present afflictions are near at an end, I Ijid you a
hopeful adieu,
Sam.
CHAPTER XII
prison ufe in 1866, continued — plans for my
father's reI/Ease by habeas corpus proceed-
ings.
Fort Jefferson, Florida, November 3, 1866.
My dear Jere :
Colonel Grenfel handed me a letter he received
to-day from A. J. Peeler, a lawyer in Tallahassee,
Florida, who intends acting in his case immediately.
It seems to me, if you have to resort to law for my
release, this would be the least expensive and most
expeditious medium. He has promised to act for the
Colonel free of charge, requiring only the actual ex-
pense attendant. With a small amount from each of
us interested parties, to pay for trouble, etc., he would
no doubt be pleased to undertake our case. The Col-
onel also received a letter from B. T. Johnson, Rich-
mond, Va., promising to do all in his power toward
his release. I have hastily written to acquaint you
with the above, thinking the information might be
desirable at this time. If you conclude to act through
him, you can address, or perhaps telegraph, A. J.
Peeler's law office in the South Western Railroad
Bank Building, Tallahassee, Florida. I wrote to you
a few days ago. Remember me to all kind friends and
inquirers. Your brother, etc.,
Sam.
Fort Jefferson, Florida, November 5, 1866.
My darling Frank :
I received on the 13th instant yours of the 19th of
October, and Fannie's of the i8th. I am truly sorry
THE IIPE OF DR. SAMUEL A. MTIDD 213
to hear that you continue to suffer with your ankle
from erysipelas, and that you felt aggravated at the
tone of a former letter. Try to be more prudent for
the future, and see that you are entirely well before
you venture much exercise. I must confess I wrote
too precipitately, and without weighing the effect my
language and resolution might have. The truth is,
your letters were generally so hopeful and cheerful,
always directing my attention to some period when I
might, with confidence, expect something to be done
toward effecting my release, — which invariably ended
in disappointment, — I had become as a child whose
brightest anticipations had been raised to the highest
pitch, experiencing the sudden ebullitions of dissatis-
faction. Time is fast proving how unfounded were
your hopes, and how unnecessary it was to communi-
cate the same to me. I am sure I would have been
spared many hours of anxiety and watching. My
fate is made to rest unjustly upon public opinion, and
judging from the tone of the press, and the signs of
the times, another delay is not improbable. Then,
how foolish it was to lead me on. I am the subject
of every political caprice and whim, and cannot expect
speedy relief from my present degradation and suffer-
ing. I feel no inclination to criticise, but it does not
seem to me that the President is consistent with his
oft-repeated declarations and earnest solicitations to
the people to return to the Constitution of our fathers,
and conform to its spirit and requirements. How
essential it is to the inculcation of the precept, "to
remove the beam from your own eye before attempting
the mote in your neighbor's." It is no wish of mine
to frustrate the efforts of the President in his attempts
at restoration, but I do object most strenuously to be
made to suffer for the sake of some political expedient.
As I am subject to the pleasure of the President, it
214 THE LIFE OF DB. SAMUEL A. MIIDD
seems to me a demand ought and should be made upon
him, and that I should not be put to unnecessary ex-
pense, being here contrary to law and every instinct
of justice. I am told by you and Fannie to be patient.
You may as well, under the circumstances, tell the
ocean to be calm in a storm. Having to submit to
the vilest slavery ever allotted to man, unheard, is
sufficient to destroy all humanity, did not the little
Christianity I possess come to the rescue. I never
before could bring myself to believe that men occupy-
ing positions of honor, influence, and power could
become so innocently affiliated with liars and scoun-
drels; yet with the acknowledgment of the fact, no
investigation is made in regard to my case, where even
the evidence itself against me bears the impress of
untruth without any other refutation. I am growing
daily more impatient. I feel that I am an American
citizen and entitled to the protection which the Consti-
tution and laws guarantee. I must now conclude.
Your fond and devoted husband,
Sam.
November 19, 1866.
Dear Frank :
Knowing your great anxiety to hear from me, I write
to let you know I have been in consultation with Mr.
Reverdy Johnson and his son-in-law, Mr. Ridgely.
Mr. Johnson has promised to superintend and instruct,
but could not do the necessary work in getting up the
law or preparing papers. I had a long interview with
Mr. Ridgely this evening. He says he must have
time to examine every point, and consult Mr. Johnson,
as it is a case of great importance, not only to the
Doctor and his friends, but to the lawyer also who has
it in charge. He will see Mr. Johnson to-night, and
they will be able to-morrow to give their opinion. He
THE lilPB OF DR. SAMUEIi A. MTIDD 215
will charge two hundred and fifty dollars ($250) to
prepare the papers, go to Washington, and swear out
the writ, and if it has to be argued before Judge
Chase, will charge two hundred and fifty dollars
($250) more, making five hundred dollars ($500).
As soon as I get matters thoroughly arranged, I will
write or come down. Before this reaches you, we will
have to decide what course to pursue, so keep a brave
heart, and, with the blessing of Providence, I trust all
will soon be well. Your brother,
]mn.
Baltimore, December 7, 1866.
Dear Frank:
I want day and date of the following questions :
Let me know when and where Sam was first arrested,
the date he was taken to Washington and where first
in prison— was it the old Capitol or Carroll Prison ? — -
by whose order he was first arrested and imprisoned,
and by whom held? If you have a copy of the
charges served on him, send it to me, not the book of
evidence or Ewing's argument, — I have them, — but
just the specific charges. Let me know the full name
of the officer in charge of Fort Jefferson. I think you
have the note from Colonel Wells or Hancock, request-
ing him to report to Washington. Be particular and
give dates as near as possible. I will go to Washing-
ton to-morrow, and will probably get part of the infor-
mation asked of you. We are doing all we can, and
will probably have the papers prepared by Thursday,
or as soon as we can get the information necessary to
base our petition on before the court.
I will be down as soon as I get this matter off hand.
I would come instead of writing, but would have to
return next day, which would make my visit too short.
I will be down on Saturday next if possible. Mr.
216 THE I/IFB OF DR. SAMUEIi A, MUDD
Ridgely will have to go to the Law Department for
some orders and papers covering the Military Court,
and if they find out his object, may put some difficulty
in the way.
I received a letter from Sam yesterday, very short
and urging something be done in his case. He is very
well; letter dated loth of November. Get Henry to
assist you in giving the information asked and any
other you may think of. If it is any service, I can
use it, if not, it will do no harm.
Hoping you and the children are enjoying good
health, I am. Your brother,
JERE.
Fort Jefferson, Florida, December 7, 1866.
My darling Frank:
I have written to you to-day a long letter, and
having nothing more worthy, I send you enclosed two
large moss-cards, a cross, and a wreath as a Christmas
gift. I am afraid they will be much disfigured by
folding and the rough usage of the mails, etc. They
were pressed by myself. I devote a great deal of my
leisure to pressing moss for the want of a more suit-
able employment, which acts as a diversion to my
thoughts, a pastime and a profit. Tell little Tommy,
Papa sent him one to pay for the rosebud received
some time ago. I had to cut the paper to make it
small enough for the envelope. You can paste a piece
around to make it fit in a frame. A likeness can also
be put within the wreath. Should these arrive in good
condition, and you desire more, let me know, and I
will send you more by the same means. Bear up
bravely against present adversity, and I am in hopes
it will not be long before we are restored to each other
by a merciful Providence. I have not much hope of
THE LIFE OF DR. SAMUEL A. MUDD 217
its taking place during the session of Congress. The
time for action was permitted to go by.
Your loving husband,
Sam.
Washington, December 17, 1866.
My dear Mrs. Mudd:
The Supreme Court of the United States this morn-
ing gave an opinion which must secure the liberation
of your husband. I have before spoken to you of the
case, and the opinion should have been delivered last
winter when the case was decided, but was deferred
until the present session. I have been unwilling at
any time to say anything to you that might induce
hopes which, if disappointed, would only increase your
suffering; and preferred to wait until I could myself
see the light before I told you there was light, and I
am now most happy that I can say to you that I think
the case is settled, and your husband must be speedily
released from his most unjust confinement.
Deeply sympathizing with you in your long suffer-
ing, and congratulating you sincerely upon the pros-
pect of its termination, I remain, with great respect.
Yours truly,
R. T. Merrick.
Fort Jefferson, Florida, December 30, 1866.
My darhng Frank:
We are just in receipt of the box sent by friends of
0'I/)ughlin. The articles all came safely to hand
and perfectly sound. They are just in time for New
Year's, and are considered quite a treat. I also re-
ceived yours of December 7, written with your usual
hopeful spirit ; not hearing anything from those better
informed, gives but little consolation. The papers
make mention of the decision of the Supreme Court;
218 THE MFE OF DR. SAMUEIi A. MUDD
— ' ' — ■ ■ ■ ■■ I— . — - ^
this surely must have some effect in loosening the
reins of power.
Christmas has passed, and with it the usual dull
routine of the military. Nothing occurred to divert
our minds from the disagreeable reflection of our
present situation, and regrets of the past. I am in
hopes you have spent a more cheerful one with our
dear little children, alone, hearing their innocent jokes
and merry prattle. I know you enjoy a feast that
serves to blot out from memory many unpleasant
recollections, and drown all other cares for the time
being at least ; with me reigned the gloomy thought of
hopes deferred. In imagination, I am sometimes car-
ried back to scenes of the past, and indulge in a pleas-
ant smile at the little oddities and sayings of you and
our dear little ones, to be succeeded in turn by the
depressing one of an unhappy reality.
We have made application to the Secretary of War,
through General Hill, giving many valid reasons for
our removal to some Northern prison. I am in hopes
it may prove unnecessary, and that we may be released
through the medium of the recent decision of the
Supreme Court. God grant it may not be much
longer deferred.
I wrote to you November 26th, December ist, 7th,
I2th and 22d.
Your devoted husband,
Sam.
CHAPTER XIII
PRISON MFE IN 1867 — CAPTURE 0? JOHN H. SURRAff
IN EGYPT, AND HIS ARRIVAI, IN WASHINGTON.
Fort Jefferson, Florida, January 15, 1867.
My darling Frank :
I received on the 12th yours of December 31, also
papers as late as January 3, containing the decision of
the Supreme Court, which fully covers our case, and
the denial of Judge Chase of the writ of habeas cor-
pus in my case.
It is vexatious to see how partial the laws are made
applicable and administered. Milligan was tried
during the existence of active war. His case is de-
dared illegal. We were tried after the war, and
peace declared. If the trial of Milligan was wrong,
certainly ours was more so, and no necessity can be
pleaded in palliation.
The chief point of difference in the Court was as to
the powers of Congress, which did not involve in the
least the illegality of our trial and conviction. The
question upon which they did not coincide seems en-
tirely a constitutional one, from which both the citizen
and soldier derive all their rights. I don't understand
why application should be made to Judge Chase in
preference to any other judge. From the partisan
course which he has pursued for the past two years,
prejudice alone, I am afraid, would be sufficient to
influence him to a denial of the benefit of the laws to
those of an opposite opinion.
The "writ" should be served on the Secretary of
War or the President, and not upon the Commander
of this post. General Hill said to one of the prisoners
220 THE LIFE OF DB. SAMCEIi A. MCDD
a few days ago, that if the writ were served on him he
would not take the responsibiHty of acceding to the
demand. So you see that, notwithstanding the de-
cision of the Supreme Court, the highest tribunal in
the land, I am still a prisoner in the hands of the Presi-
dent and his honorable Secretary of War, serving their
pleasure.
The arrival of Surratt will be the advent of a new
excitement, and the reiteration of every species of lie
and slander which were given currency at our trial and
subsequently, and serve as a pretext to continue my
unlawful and unjust imprisonment. Be slow to credit
the wild, loose newspaper articles.
The weather has been cold and pleasant up to a day
or two past. It is now growing warm and uncom-
fortable. We have a garden in the center of the Fort,
the soil or surface of which has been brought from the
mainland. It is now luxuriant with all kinds of vege-
tables that have been planted — ^beets, peas, tomatoes,
beans, radishes, etc. The few trees we have never
lose their foliage and the cocoanut, the only tree bear-
ing, always with its peculiar fruit. The flowers that
are cultivated are always in bloom. We have one or
two little caged song-birds that enliven the island with
occasional merry notes.
Your devoted husband,
Sam.
The Surratt referred to by my father in the
above letter was John H. Surratt, one of the
alleged "conspirators." He was, at the time of
the assassination of President Lincoln, a
young man who had barely reached his ma-
jority. When he learned of the assassination
he was in Elmira, New York, where he had
THE LIFE OP DR. SAMUEL A. MtTDD 221
been sent by the Secret Service Bureau of the
Confederate Government.
The day after the assassination a reward of
$25,000 was offered by the United States Gov-
ernment for the capture of Surratt, dead or
aHve. He escaped into Canada, and was se-
creted five months in Quebec. From that city
he took passage on a steamer for London.
Subsequently he made his way to Rome, where
he enlisted, under an assumed name, in the
Papal Guards. When his identity was dis-
covered he was, by order of Pope Pius IX, ar-
rested and cast into prison. He succeeded in
escaping, and after experiencing many vicis-
situdes, finally reached Alexandria, in Egypt.
Here he was arrested and handed over to the
United States authorities. He was brought to
Washington, and after much delay was tried
before a jury in the Criminal Court of the Dis-
trict of Columbia, his trial lasting sixty-two
days. The jury disagreed and were dis-
charged. Surratt was subsequently admitted
to bail, but his case was never again brought
to trial.
Baltimore, January 17, 1867.
Mrs. Dr. Mudd.
My dear Madam: Yours of the 6th instant came
duly to hand. I have not seen the resolution you
spoke of, but do not see how it can affect Dr. Mudd's
case. I have never abandoned the hope of yet getting
him released, and think I will now make application to
the judges of the courts of the District of Columbia.
222 THE lilFE OF DB. SAMUEL A. MTJDD
I think it advisable, however, to wait awhile, but will
confer with Mr. Reverdy Johnson on the subject.
Very faithfully yours,
Andrew Steritt RidgeivY.
Fort Jefferson, Florida, January 23, 1867.
My darling Frank :
As the mail will go out in a few minutes, I have but
barely time to say I am as well as usual, and desire
my remembrance to all. Your letters arrive very
seldom. Yours of the 31st of December has been re-
ceived. The hopes it created were immediately
blasted, on perusing the paper received the same day.
I am rejoiced, however, to know that something has
been done, though fruitless.
It is plain, since the decision of the Court, that I am
only held by armed hand, and in spite of law. I could
ask nothing more final and complete than the decision
in question, yet I am uncertain of the period when its
benefits will accrue. I wrote to you on the 15th, and
addressed the letter to Jere. He will forward as soon
as received.
Hoping to hear something more definite shortly,
which will have the tendency to shorten our unhappy
separation, I am as ever, truly and affectionately.
Your devoted husband,
Sam.
Fort Jefferson, Florida, February 6, 1867.
My darling Frank :
I wrote to you a few days ago, I believe on the 28th
of January.
I am becoming discouraged to continue my frequent
correspondence, finding the interval growing so long
between your very short epistles. I am also begin-
ning to think there was but little calculation or penetra-
THE LIFE OF DR. SAMUEL A. MUDD 223
tion, on the part of those who had the management of
my case, to have impressed you so erroneously. Mat-
ters, I fear, have assumed a more compHcated nature in
consequence. I am in hopes the sober thought of the
people will not sustain the ultra and unconstitutional
legislation of Congress.
I am well. The weather again becoming very
warm, I fear the return of the distressing symptoms
which I enumerated in some of my letters last year.
We continue to be under close guard, and allowed but
little exercise.
Inquire and let me know whether it would be advis-
able for us to make application for removal North,
through General Hill to the War Department. We
have had no priest here in his official capacity since last
July. A young priest stopped here on his way to
Key West two or three weeks ago. I did not learn
his name. He said he would pay us a visit in the
course of a few weeks. Good-by,
Sam.
Fort Jefferson, Florida, February 14, 1867.
My darling Frank :
Yours of the 28th of January, and Jere's of the 29th,
have come to hand. You and Jere, though instructed
by able counsel, seem no better informed than myself,
and I have had only access to newspapers. Judging
from papers, the old ship of state is adrift, floating
without a rudder, without a captain, and they threaten
to throw overboard the chief engineer, the President.
The Constitution and the decision of the supreme
tribunal of the land seem completely overlooked and
passed by unnoticed. They now threaten to impeach
the President without the legally required court: all
the States. When these bounds are passed, God only
knows and can judge the finality of their proceedings.
224 THE lilFE OF DR. SAMUEL A. MUDD
I fail to perceive and conjecture anything favorable.
I cannot yet look forward to any period with certainty.
In the mean time, I am making myself as content as
circumstances will permit. My health has continued
unusually good through the winter up to this time;
God grant I may be spared another summer here. I
weighed a few days ago one hundred and forty-five,
which is only a few pounds short of my usual weight.
Put in practice your own preaching, — be patient, be
prudent, etc. Under our present hard lot I have an
innate feeling that tells me the time of our cruel sepa-
ration will not be much longer deferred. How much
I have desired to be with the children catching snow-
birds, and enjoy with you their delight of triumph.
We are yet under close guard, and I am afraid I will
become so accustomed to this life, I will naturally look
for the guard to accompany me on all occasions, when
it shall please Providence and the head of the en-
lightened American nation to release me.
Your disconsolate husband,
Sam.
Fort Jefferson, Florida, February 20, 1867.
My darling Frank :
I did not receive yours of January 6, until yester-
day — being considerably over a month on the way. I
wrote to you on the 14th and Jere on the i6th. I have
nothing new, nor additional requests to make. My
health continues about the same — suffering an indispo-
sition occasionally with the change of weather.
You need not bother about sending anything for
the future unless I request it. I am well supplied
with clothing — other necessaries I will be able to obtain
through my own exertions.
I have had my occupation changed to that of the
carpenter's shop, which affords me more exercise and
THE lilFE OF DR. SAMUEL A. MUDD 225
a greater diversion to my thoughts. I occupy my
time principally in making little boxes, ornamenting
them with different colors and varieties of wood.
The mail will close in an hour's time, so I must close
by desiring my kindest remembrance to all.
Your faithful and devoted husband,
Sam.
Fort Jefferson, Florida, February 26, 1867.
My dear Jere :
When I wrote last, I forgot to name the fact that
Fort Jefferson and Key West had been made separate
divisions, with the Commander stationed at the latter.
General Hill will, therefore, in a short time take up his
quarters at that place.
Could you be assured that a "writ" would be
accepted, the change renders the accomplishment of
matters more easy and expeditious, for all the neces-
sary authorities you need command of are there.
Here, there is no civil law or authority, and no means
whereby you could command an audience with the
Commander should he be disposed not to grant it.
You said in case other measures failed, "you would
send a lawyer to Florida." Unless you were confident
of the result, I think it would be only loss of time and
expense without recompense. I mentioned in a former
letter the remark that was made to one of our number,
and I suppose it would be applicable to myself, that
if a "writ" was served upon him, he (the Commander)
would not assume the responsibility of yielding to the
demand.
My attention has been called to the legislation going
on in Congress, having the tendency to thwart the
execution of the plain decision of the Supreme Court
upon the test oath ; if so, it will be used as a precedent
IS
226 THE LIFE OF DR. SAJIUEL A. MtTDD
by other courts relative to its judgment upon the
legality of trials of civilians by court martial. Please
inform me plainly upon all these points, and the bear-
ing they are likely to assume. I am growing weary of
perplexities arising from the many constructions of
public acts.
The action of Congress seems ex post facto, which is
clearly unconstitutional; but will it not delay and
necessarily cause our cases to be specially brought
before the Court to be disposed of, not permitting the
recent judgment of the Supreme Court to be a finality ?
The mail leaves in a short time, consequently I must
close. Your brother^
Sam.
Fort Jefferson, Florida, March 5, 1867.
My darling Frank :
Yours of February 12th reached me this morning,
bringing me the desired news of all well and hearty.
You gave expression to despondency, and asked for
something cheering and consoling from me. How
willing this would be accorded were it in my power,
even the sacrifice of this miserable life, could it be of
benefit to you and our little ones.
By referring me to the newspapers for information
regarding my situation, you seem no better ac-
quainted than myself with the difficulties in the way of
my release. The altered relation which you appre-
hend will take place with the marriage of Jere, is very
natural. It will be impossible for him to extend his
former love, care and attention, and to this extent, my
darling Frank, is the principal source of your gloom
and anxiety. When I think of your dependent state,
the trials, inconveniences, and sufiferings you have to
endure, my heart bleeds and my soul seems ready to
leap from this tenement of clay, and rush to the aid
THE lilFE OF DR. SAMUEL A. MUDD 227
and comfort of you and all ; but, alas ! how impotent
are all my efforts, and how incapable of affording you
and our little ones assistance at no distant day, — ^a
hope that would enable me to bear with more resigna-
tion the grievous trials to which I have been subjected.
I am debarred from all friends and advisers, being yet
under close guard, not allowed to hold conversation
with any one outside of my immediate roommates.
How then is it possible for me to form any idea of the
future, or to extend to you any hope of our speedy
union? I have naturally looked to you and Jere for
information and hope, but in vain, to receive anything
satisfactory.
Jere has written but seldom, and when he did, I
could arrive no nearer the truth than before.
We have received papers up to the 23d instant.
They make mention of the arrival of Surratt, and his
being surrendered to the civil authorities. I am in
hopes his trial will be speedy and impartial, and have
the effect to clear away many of the mists that sur-
round the tragic affair and lead to my early release
from this place of exile and misery, and our once more
happy union. To this end, my darling Frank, are all
my fondest anticipations centered. Be patient, be
prudent; in a word, be a good child, and let nothing
occur that will tend to mar the pleasure and happiness
of which we mutually dream, and God, upon whose
justice and mercy I rely, will not permit a much longer
delay. When you informed me in a previous letter
that Jere and M. C. were to be married, I was truly in
hopes I would be home in time to wish them in person
a joyous union, and more happiness than has fallen to
our lot. It now devolves upon you to perform this
both pleasing and gloomy duty.
I wrote to Mr. Stone on the ist of December last
and directed the letter to Washington, D. C.-, thinking
228 THE LIFE OF DR. SAMDEL A. MUDD
he would take his seat in the recent Congress ; it was
returned to me yesterday. I suppose he takes his seat
to-day by the new arrangement. Seek advice and
counsel from him and Mr. Ewing and see whether
something can't be effected through the Legislative
Department, the Judicial and the Executive having
failed. General Hill is of the opinion that, as soon as
Surratt arrives, the Government would send for us;
God grant his prediction may prove true.
Try and find out from Mr. Ridgely when he intends
taking further action, and what hopes he has of suc-
cess. There seems to be no mode of redress except
through Congress, and they appear to have shut up
the portals of felicity, both human and divine, and
thrown away the key. Let me know at what time he
thinks he will be able to succeed. You have made
many guesses when I would be home, which has only
the effect to increase my misery; but try once more
and see how near you can approximate the truth. If
it is one, two, three or four months, or the same num-
ber of years, give me the views of counsel. Cut out
of the papers all the proceedings in the trial of Surratt
as they appear, and send to me by mail.
Your devoted husband,
Sam.
Baltimore, March 6, 1867.
Dear Frank :
This is the first opportunity I have had of writing
you since my return.
I have been to Ridgely's office twice since my return
to see him ; the first day he was in Washington ; he is
now in New York, but expected back to-morrow. I
will see him as soon as he returns and let you know the
result of my interview. You may rest assured I will
do everything in my power to procure Sam's release.
THE LIFE OP DR. SAMUEL A. MXJDD 229
Ford, the proprietor of the theater, has promised to
go with me. He says he is determined to leave noth-
ing undone that can be done to have Spangler released,
if it costs him five thousand dollars.
I received a letter from Sam yesterday. He re-
ceived my letter, but, poor fellow, he can't understand
why it is Johnson does not act under the decision of
the Supreme Court. He seems to think he ought to
do it, even at the risk of being impeached. I wrote to
him to-day and will mail his letter with this. I wrote
him fully, and explained everything to him as far as I
was capable. I would send you his letter with this,
but left it up at the house.
Your brother,
Je;re.
Fort Jefferson, Florida, March ii, 1867.
My darling Frank:
General Hill left here on the 8th to take up his
quarters permanently at Key West. These two posts
having been made a separate district, you can inform
Jere of the fact should it be of any importance to him.
He said in his last letter that in case other measures
failed, he would send a lawyer to Florida. I know
not the situation of affairs, but from what I can judge
of the legislation of Congress, all measures of redress
have been cut off by that body. I wrote to Hon.
Reverdy Johnson on the subject on the 8th, and de-
sire! his opinion of the matter. I want to be satisfied
one way or the other ; suspense is wearisome.
I suppose the trial of Surratt will be used now as
an excuse for delay in my case, upon the part of the
lawyers you have employed. Can't it be arranged to
have me tried with him ? Let me know what is being
done; I want prospects of success when you write;
also let me know when the trial of Surratt will come
230 THE LIFE OF DR. SAMUEL A. MTJDD
off. I have written this quite hastily on account of
being in time for the outgoing mail.
Your devoted husband,
Sam.
Fort Jefferson, Florida, March 25, 1867.
My darling frank:
I received yours of February 28th a few days ago.
I am glad you have resolved on more frequent corres-
pondence. You say you feel "miserable" when you do
not hear from me regularly. This might be doubted
if the number of your epistles implies anything. At
no period have I permitted three weeks to escape
without writing, yet with you it has not been unusual.
I am but one, you are many. My soul is wrapped up
in you all, and yet not divided. If you feel gloomy
and uneasy on my account, how much more so must I
feel for you, as you are the greatest number, and none
of us are exempt from the accidents of life, etc.
I am sorry matters still assume no different shape.
You remarked that Mr. Ridgely would repair to
Florida as soon as Judge Wayne entered upon his
judicial functions in that district. You did not state
the time it would take place, but led me to infer it
would be shortly by saying you would not await the
trial of Surratt, which the newspapers represent as
going on now. Try always to be explicit, and never
speak of a thing in contemplation without giving some
idea of the time.
Should Surratt have a speedy and impartial trial, I
have more hopes from its result than from everything
else, for I know it is bound to lead to my entire excul-
pation, and it will be impossible for those in power to
hold me against the will of an enlightened public.
I wrote to Mr. Johnson on the 8th of the present
month, and directed the letter to Washington. Should
THE LIFE OF DR. SAMUEL A. MUDD 231
Congress adjourn, he will likely not receive it, as he
will return to Baltimore. You will please notify Jere
of this fact. The letter I wrote to Stone was returned
to me. I believe he was a member of the last Con-
gress. Your husband,
Sam.
Fort Jefferson, Florida, April 5, 1867.
My darling Frank :
Would I could be so hopeful as you express. View-
ing the situation of affairs by the public press of the
country, the days of the Republic have passed, super-
seded by the sad reality of a military despotism. I
feel often animated in spirit as those brave Cretes who,
sooner than surrender victims to their enemies, blew
up the castle and perished with their cruel and despotic
foes who had pursued them thither. The South is
certainly placed under no debt of gratitude.
The post-office at this place has been broken up for
some reason not accounted for. Our letters, therefore,
will be likely post-marked for the future from Key
West. You will, of course, direct your letters to rrie
as formerly.
The mail leaves in a few minutes, consequently can't
say much more. The priest from Key West arrived
here yesterday. I have not yet spoken to him, but will
do so as soon as practicable.
The papers record the death of Judge Turner of the
War Department, Bureau of Military Injustice. I
have no reason to lament the occurrence. It was in
his power to refute that unjust and slanderous state-
ment appended to the court martial proceedings with
Judge Holt's approval. Since he was so notoriously
unjust toward me in suppressing the truth or fabri-
cating a falsehood, it is fair to presume he was guilty
of all, or many of the misrepresentations and distor-
232 THE LIFE OF DB. SAMXJEIj A. MUDD
tions of fact in regard to myself, Davis, and others.
The cause of his death is said to be apoplexy, but more
likely poison by his own hands. The fate of a guilty
conscience. I am still in my usual health.
Your devoted husband,
Sam.
Fort Jefferson, Florida, April 13, 1867.
My darling Frank :
I wrote to you on the 5th instant, and gave all par-
ticulars of health, etc., up to that date. Having noth-
ing additional, and not having received any tidings
from any one since, you can't expect a very extended
epistle.
I have heard nothing from Jere since his return to
Baltimore. I suppose he has nothing cheering to com-
municate, and concluded not to write.
General Butler has brought something new to light
in reference to our trial, Booth's diary, which was
never heard of before. "When rogues fall out, honest
men get their dues," is fully exemplified in this in-
stance; but the most astonishing part of the matter
is my retention here in spite of all these developments
of foul play and rascality. It has been intimated there
is something more yet unknown to the world ; you will
please let me know fully when you write again.
I have heard nothing of Surratt's trial having com-
menced. I fear it will be as predicted. He will be
kept in prison until perhaps he dies before any trial be
given him, — like Davis, — and the delay be made an
excuse to protract my imprisonment.
I went to confession and communion on the 8th.
The name of the priest is Father Allard, a French Ca-
nadian ; speaks English very imperfectly. He is quite
young. I am sorry I can't write more interestingly.
My health has been unusually good up to the present.
THE lilFE OF DR. SAMUEL A. MUDD 233
Do not give yourself any uneasiness about my fare,
etc. We can supply our few wants by making little
boxes, frames, etc., which are in great demand. To-
day we contributed to the Southern Relief Fair at Key
West little articles, which were worth to us over sev-
enty-five dollars. Our work-boxes sell readily at
twenty-five and thirty cents apiece.
Your devoted husband,
Sam.
Fort Jefferson, Florida, April i6, 1867.
My dear Tom [T. O. Dyer, New Orleans] :
A favorable opportunity presenting, I avail myself
to let you hear more directly from me. I have written
you on several occasions, but have never received a re-
ply in acknowledgment, consequently fear you do not
get them.
Mr. Waters has kindly consented to take this to you
in person and present my best wishes for you and all
our kind relatives. Waters has just been released,
having been sent here for shooting a negro prisoner,
in discharge of his duty while in the Confederate ser-
vice, and for which the Federal authorities had no
right to take cognizance. His case though is only one
of the many thousand unlawful acts which they have
committed, and still continue, upon a brave and de-
fenseless people. You see, notwithstanding the dis-
closures made by Butler in Congress a few days ago,
and the charge made by Frank Blair of a similar na-
ture, no investigation is made or permitted. My sym-
pathies increase rather than diminish when I consider
the unjust, tyrannical, humiliating exactions and meas-
ures demanded of a defenseless people. A day of
reckoning surely will come, but I fear too late for the
present generation to bear witness of an offended God
and justice.
234 THE MFE OF DR. SAMUEL A. MUDD
The last letter received from Frank was dated March
19th. At that time they were all well. Surratt's trial
was expected to come off in the present month, and it
was believed we would be sent for by the Government,
to be tried again in conjunction. We are here yet,
and have very little hope of this small boon being of-
fered us. The cause of the Government is too weak
to expect to gain any advantage, therefore we expect
to remain here so long as the Government is in the
hands of its present occupants. I send you a verbal
message by the bearer. If you can, prudently, let me
hear from you in regard.
Colonel St. Ledger Grenfel is kept in close confine-
ment under guard. A few days ago, being sick, he
applied to the doctor of the Post for medical attention,
which he was refused, and he was ordered to work.
Feeling himself unable to move about, he refused.
He was then ordered to carry a ball until further or-
ders, which he likewise refused. He was then tied up
for half a day, and still refusing, he was taken to one
of the wharves, thrown overboard with a rope at-
tached, and ducked; being able to keep himself above
water, a fifty pound weight was attached to his feet.
Grenfel is an old man, about sixty. He has never re-
fused to do work which he was able to perform, but
they demanded more than he felt able, and he wisely
refused. They could not conquer him, and he is doing
now that which he never objected doing.
Remember me to all, and believe me most truly
yours,
Sam.
Fort Jefferson, Florida, April 25, 1867.
My darling Frank :
I received to-day yours of the loth, also the Weekly
Sun of the 13th. We used to get the Gazette, but T
THE LIFE OF DR. SAMUELi A. MUDD 235
suppose the subscription has run out. I wrote to you
last on the nth and 15th of April, and to Cousin Ann
on the 20th. I wrote to you also on the 20th, but the
officer, whose duty it is to inspect, had not time to ex-
amine, consequently it did not go.
Tell Ma, Pa, and family I do not write because I
have nothing to engross their attention, and nothing
cheering and hopeful to give them consolation. I
could only give them a picture of my woes, without the
requisite knowledge to impart for their redress, which
would only add to their discomfort, consequently re-
main silent, acting on the principle, "when ignorance
is bliss, 'tis folly to be wise." Again I have been so
credulous as to believe something would be done
through the instrumentality of the lawyers engaged,
that caused me to look anxiously from day to day for
the arrival of the steamer that would bear me gladly
to you all, and did not think it necessary to write.
I am truly glad to hear you are satisfied with the
darkies engaged on the farm. Tell Bap. I say to pay
his whole attention to the farm, and do not run about
looking up little jobs, and he will succeed well. Should
he desire any carpenter work, he will find a plenty on
the farm, for which, should it be in my power, I will
amply compensate him.
A good corn-house is very much needed, also a barn
or pen-house for tobacco. At his leisure he could get
out the material for them, and leave it to some compe-
tent party to estimate value, and take it from rent or
otherwise. General Hill, I understand, will leave in a
short time for Washington on a furlough or leave of
absence. This Post is now in command of Major
Stone. He arrived here this morning from Key West.
It has been rumored here for several days that all the
prisoners at this place would be taken to Ship Island.
The number of prisoners is now about forty-five, in-
236 THE LIFE OF DB. SAMTJEIi A. MIJDD
eluding both black and white. I have not been able to
trace this rumor to any reliable source. How much I
desire to see and be with you all. It was three weeks
between our last letters. Good-by.
Your devoted husband,
Sam.
Fort Jefferson, Florida, May ii, 1867.
My darling Frank :
It will not be in my power to write you at this time
as long a letter as I desire. The mail will leave in the
course of an hour, so I must hurry to be in time to
have it examined previous to mailing. I was too late
the last mail, consequently did not get off the letter I
had written, so the last letter I wrote to you was dated
the 2Sth of April, the interval being much longer than
I generally suffer to pass.
Do not forget to see dear Papa and extend to him
whatever comfort you can. Tell him to give himself
no uneasiness on my account — not worry himself too
much about me and your affairs, etc. I fear he suffers
more from mental perplexities, resulting from the con-
dition of the country and domestic affairs. Thank
him, my darling Frank, in my name, for his ever kind
attention and parental solicitude toward us and the
dear little ones, and to consider that whenever I write
to you or any of the family, it is as much to himself
and Ma. Advise him not to read the newspaper for a
little while, and see whether he receives advantage
from the abstinence. I received yesterday a package
of newspapers from Tom, and a box. I have not yet
received the box or invoice of articles, etc.
Hoping this may find you and all the family in the
enjoyment of health, etc., I am.
Your loving husband,
Sam.
CHAPTER XIV
PRISON W^E IN 1867, CONTINUED — ^BOOTh'S DIARY
WOUED HAVE TENDED TO ESTABLISH MY EATHER's
INNOCENCE HAD IT BEENOEEERED IN EVIDENCE —
"somebody HAD TO SUFEER."
Fort Jefferson, Florida, May 25, 1867.
My darling Frank :
The papers mention the release of Davis under bail,
without trial. This truly seems strange to me. I feel
confident they will not try Surratt, but postpone from
time to time until finally released, the Government or
the prosecution not appearing against him. Rage has
become impotent; the bloodthirsty wretches, feeling
no longer security in their demon pursuits, have
shrunk away into ignominious nothingness, or are cry-
ing under the weight of a guilty conscience. I can't
see what Surratt's case has to do with me — it is only
an excuse or put off. How strangely justice is admin-
istered in this enlightened nineteenth century. None
believed a few years ago that a corporal's guard could
be mustered throughout the country to carry out the
atrocious measures now heaped upon a helpless and de-
fenseless people, but it seems there is never lack of
means to the ends of vile purposes. I am afraid I may
say too much, and in consequence you may fail to hear
from me, so I will postpone all expressions of opinion
until I can see it will be of some avail. I am entirely
without news of interest.
The report of the committee appointed to inquire
into the condition, etc., of the penitentiary of the State,
gives a gloomy exhibit of the depravity and increase of
crime among the recent "emancipated." Laws made
238 THE LIFE OF DR. SAMUEL A. MXTDD
corrective and milder for that class of our population
called down upon the State and people the virtuous
indignation of the immaculate Congress. It has now
in its pride and presumption absorbed all the powers
of the Government, Legislative, Judicial and Execu-
tive — not governed even by the laws of God, only so
far as appears righteous to them. They would dictate
to God Almighty himself sooner than acknowledge the
error of the position they have assumed. Write soon
and often. Give me all the news of the neighborhood
and answer all my little queries.
Your husband,
Sam.
Fort Jefferson, Florida, June 3, 1867.
My darling Frank :
The month of June, you will perceive by the above
date, has been ushered in with all its glory and sun-
shine, and the promised release of your most discon-
solate yet in futiiro. Mail came on the first. I received
no letter, nor the papers which you subscribed for.
I have seen the copy of Booth's diary. I can see no
reason for its being withheld from the Court which
convicted us ; on the contrary, it goes to confirm the
statement of those who participated with him, or who
were confederates. It shows clearly that I could have
had no knowledge of the deed, and would have tended
had it been before the Court, to establish my innocence.
I shall leave the whole matter with you and friends to
be dealt with agreeable to your best judgment.
I am curious to know what offense will be set up by
the Government in Surratt's case. I am very much
afraid the trial will meet with another postponement
so that they can urge a longer continuance of my exile
on this account. Our country seems a complete mob-
ocracy instead of a Government of law and order.
THE lilFE OF DR. SAMUEL A. MUDD 239
The President does not feel warranted in the execu-
tion of his plainest duties under the Constitution with-
out first consulting the mob spirit. I am well, though
growing exceedingly weary of the continued usurpa-
tion. Could I perceive that the Government had the
slightest shadow of suspicion against me, I could feel
perhaps more resigned; but take the whole evidence
and circumstances adduced on trial, and no court of
justice, it seems to me, could fail establishing my en-
tire innocence. I remarked this to Judge Turner on
my way to this place, when he remarked that some-
body had to suffer, and it was just as well that I should
as anybody else. This I believe was as good an answer
as he could make, but I could not see the justice. I
have written very hastily in order to be in time for the
outgoing mail.
For God's sake urge action on the part of those en-
trusted with the care of my case. Davis has been set
free, and Surratt, once regarded as his prime agent,
seems now without a charge against him, and here am
I, having suffered the tortures of the damned, without
one word of rebuke to those who have caused all — and
without pity, sympathy, or consolation from an en-
lightened public. Try and give me some definite news
in your next.
Hoping this may find you all in health, I am, as ever,
fondly and devotedly.
Your husband,
Sam.
"Booth's Diary," referred to by my father in
the above letter, was found in a pocket of the
clothing Booth wore at the time he was shot
and killed by Sergeant Corbett. The "Diary"
was offered and read in evidence at the trial of
John H. Surratt. It was not pvit in evidence at
240 THE lilFE OF DR. SAMUEL A. MtIDD
the trial of the alleged "conspirators" before
the Military Commission, although it was in
the possession of Secretary of War Stanton.
It is as follows :
"Te amo."
April 13, 14, Friday, the Ides.
Until to-day nothing was ever thought of sacrificing
to our country's wrongs. For six months we had
worked to capture. But our cause being almost lost,
something decisive and great must be done. But its
failure was owing to others who did not strike for their
country with a heart. I struck boldly, and not as the
papers say. I walked with a firm step through a thou-
sand of his friends; was stopped, but pushed on. A
colonel was at his side. I shouted sic semper before I
fired. In jumping, broke my leg. I passed all his
pickets. Rode sixty miles that night, with the bone of
my leg tearing the flesh at every jump.
I can never repent it though we hated to kill. Our
country owed all our troubles to him, and God simply
made me the instrument of his punishment.
The country is not
April, 1865,
what is was. This forced Union is not what I have
loved. I care not what becomes of me. I have no de-
sire to outlive my country. This night (before the
deed) I wrote a long article and left it for one of the
editors of the National Intelligencer, in which I fully
set forth our reasons for our proceeding. He or the
gov'r ■
Friday 21.
After being hunted like a dog through swamps, woods,
and last night being chased by gunboats till I was
forced tQ retiirn, wet, cold, and starving, witli every
THE LIFE OF DR. SAMUEL A. MUDD 241
man's hand against me, I am here in despair. And
why ? For doing what Brutus was honored for — what
made Tell a hero. And yet I, for striking down a
greater tyrant than they ever knew, am looked upon as
a common cut-throat. My action was purer than either
of theirs. One hoped to be great. The other had not
only his country's, but his own wrongs to avenge. I
hoped for no gain. I knew no private wrong. I struck
for my country and that alone. A country that
groaned beneath this tyranny, and prayed for this end,
and yet now behold the cold hand they extend to me.
God cannot pardon me if I have done wrong. Yet I
cannot see my wrong, except in serving a degenerate
people. The little, the very little, I left behind to clear
my name, the Government will not allow to be printed.
So ends all. For my country I have given up all that
makes life sweet and holy, brought misery upon my
family, and am sure there is no pardon in the Heaven
for me, since man condemns me so. I have only heard
of what has been done (except what I did myself), and
it fills me with horror. God, try and forgive me, and
bless my mother. To-night I will once more try the
river with the intent to cross. Though I have a
greater desire and almost a mind to return to Wash-
ington, and in a measure clear my name — which I feel
I can do. I do not repent the blow I struck. I may
before my God, but not to man. I think I have done
well. Though I am abandoned with the curse of Cain
upon me, when, if the world knew my heart, that one
blow would have made me great, though I did desire
no greatness.
To-night I try to escape these blood-hounds once
more. Who can read his fate? God's will be done.
I have too great a soul to die like a criminal. O
may He, may He spare me that, and let me die bravely.
i6
242 THE LIFE OF DR. SAMUEL A. MUDD
I bless the entire world. Have never hated or
wronged any one.
This last was not a wrong, unless God deems it so,
and it's with Him to damn or bless me. And for this
brave boy with me, who often prays (yes, before and
since) with a true and sincere heart — was it crime in
him ? If so, why can he pray the same ?
I do not wish to shed a drop of blood, but "I must
fight the course!"
'Tis all that's left me.
Fort Jefferson, Florida, June lo, 1867.
My darling Frank :
I wrote you on the 3d, more to let you know that I
still live and remember, than impart news otherwise
of a consoling character — such must be the nature of
the present.
The Tortugas is a desolate group of islands unpro-
ductive alike of news as well as vegetation. The casual
arrival of mail affording but little change from the
usual monotony on account of its rather ancient date.
We glance hastily over the files of newspapers to see
what is said having reference to us and what the prog-
ress made toward restoring the States to their former
status; this being done, the balance of the paper is
read with no more interest than the transactions of
centuries past. Within the past week we had three
days of storm, cloudy and rainy weather, although
lending a short respite to the customary dazzling sun-
shine — the dampness being intense, searches up every
old rheumatic disposition, penetrates every joint,
which more than counteracts the enjoyment. To ob-
viate the evil effects of the dampness I am forced to
THE LIFE OF DR. SAMUEL A. MUDD 243
wear constantly flannel or net shirts; though warm,
I find them more tolerable than the effects of the above
cause. I attribute my improved health principally to
their agency.
I received to-day yours of the 20th of May, and one
from Sissy of the 15th. I am rejoiced to know that
you all continue well, and the families healthy. Do
not lose courage; though my confidence in the hon-
esty of the generality of man is impaired, my increased
trust and hope in the Providence and justice of God
more than repays. I feel that though men may bury
every- instinct of humanity and stifle every emotion of
conscience, truth and innocence will be declared and
made manifest, even if the stones of the earth have to
rise up as witnesses. Truth and virtue will ever
shine — then, my darling Frank let us be brave and
steadfast in all the ways of rectitude, and I feel as-
sured the time that intervenes between our happy re-
union, yet though in the unknown future, cannot be
much longer delayed.
I must now reluctantly bring my letter to a close,
and scribble a few lines to Sissy. The mail will leave
this evening, so if I don't hurry, my letter will not be
in time for the necessary examination and mailing.
My health continues good ; occasionally I am depressed
by the excessive heat. In weight and flesh I am about
the same as when I left. home. Give yourself no un-
easiness for the future. Were I home at this moment,
nothing would tempt me to read a newspaper, for they
only tend to engender hate, and make the mind fa-
miliar with crime of every description. Kiss our dar-
ling little children, train them to obedience and good
behavior now whilst young, and when they grow
older, we will be spared the blush of shame at their
unruly conduct.
244 THE LIFE OF DB. SA3njEIi A. MUDD
Hoping this may be my last from this barren and
miserable isle, I am, as ever.
Your fond and devoted husband,
Samuei, Mudd.
Fort Jefferson, Florida, June 15, 1867.
My darling Frank :
I have received no letter, nor the Gazette from Jere
which you said you requested. M. C. perhaps occu-
pies all his thoughts for the present.
Should you see Cecie tell her I have no knowledge
of being reinstated in any position by General Hill,
nor am I conscious of having received any personal
kindness or unkindness. We were fed like brutes for
more than fourteen months, kept in chains over three
months, and up to the time I left, under close guard
day and night, and allowed no conversation with any
one outside the room. We were informed that the
orders for this treatment emanated from the War De-
partment. He did promise to send any application
we should make, with a favorable recommendation to
the headquarters of his department. So far as I am
acquainted, all grievances which came under his per-
sonal observation were redressed, but owing to the
difficulty of seeing him, much suffering and dissatis-
faction ensued.
We made application through his adjutant. Captain
Van Reed, on two different occasions a short time
after he assumed command, without meeting with any
response from the Government, so we concluded to
bother him no more, and never, to my knowledge, was
the application renewed until he was ordered to report
to the Government in person, in answer to a note I
had addressed. Had we been ordered out and shot,
it would have been much kinder than the treatment we
received. We were treated in every respect as the
THE lilFE OF DR. SAMUEL, A. MUDD 245
most ferocious wild beasts, for which I blame no one
personally.
Your fond and devoted husband,
Sam.
Fort Jefferson, Florida, June 23, 1867.
My darling Frank:
I see by the papers that Surratt's trial has actually
commenced, the prosecution endeavoring to obtain a
verdict consistent with public opinion, apparently re-
gardless of justice. Public opinion is pretty apt to
be right, if not misinformed or prejudiced. If the
prosecution will let the truth be known there would be
no objection to a verdict consistent with the enlight-
ened public mind; but this seems remote to their in-
tention ; "they have given the dog his bad name, and
he must suffer, right or wrong." Individual charac-
ter and honor of the nation are at stake, and it would
be a sacrilege for either to suffer by the decision of
a petty court and twelve jurymen. I am for the sup-
port of both, but not at the expense of justice. Judge
Fisher has granted the prayer of the prosecution, and
ordered the empaneling of a new jury, which I suppose
will be the representatives of the personification of the
public opinion, and will have a verdict in accordance.
It has been raining very hard off and on for three
or four days, and our casement, clothing, bedding, and
wearing apparel became very wet and damp. My
health continues better than could be expected under
the circumstances. I am occupied in the quarter-
master's carpenter shop. I have more annoyance
from conflicting orders than from the work I have to
perform. I shall bear patiently until the trial of Sur-
ratt is over, then if something is not done toward
freeing me from this hell, I shall grow very sad and
disheartened.
246 THE LIFE OP DR. SAMIHEL A. MUDD
Write often and acquaint me with the principal
features of the Surratt trial.
Your fond husband,
Sam.
Fort Jefferson, Florida, June 30, 1867.
My darling Frank :
I received, on the 22d instant, yours of the loth,
bringing the ever glad news of the continued health of
yourself and all the family. I wrote to you on the
23d, but owing to some remarks being found objec-
tionable, my letter was returned. It was then too late
to write another, the mail leaving immediately after.
For the future you must excuse brevity.
Mail arrived here on the 28th bringing New York
papers up to the 20th. I have not been able to see
them, but understand, with much satisfaction, that
the trial of Surratt is progressing, for another ex-
cuse for delay will be done away with, and perhaps
may shed some light upon the terrible deed for which
he is now being tried.
I sent you a cribbage board in a box containing little
presents from my roommates to their friends. Let me
know whether it has been received. I am sorry I had
nothing more worthy at the time. I had a very nice
box, which I intended sending to you, but was induced
to give it to the Southern Relief Fair at Key West.
I wrote to you on the following dates, viz : April
5th, 13th and 25th, May 4th, nth, i8th and 25th,
June 3d, loth, 15th (and 23d which did not go) and
to-day, 30th.
Our correspondence is carefully inspected, and letters
of yours and others may be withheld without my
knowledge. I acknowledge the receipt of all that come
to hand.
The Fort is now commanded by Major Andrews.
THE LIFE OP DR. SAMUBIj A. MUDD 247
From the slight acquaintance I have had, he seems
quite a good man. Nearly all the older officers have
been relieved; the present number seem much kinder
and better disposed.
Hoping this may find you and our dear little chil-
dren in the enjoyment of health etc., I bid you a re-
luctant adieu.
Your loving husband,
Sam.
Fort Jefiferson, Florida, July 8, 1867.
My darling Frank :
Mail arrived yesterday bringing me a letter from
Cecie, but no news from you or any one at home. I
have seen the New York papers up to the 27th. The
trial of Surratt seems to progress slowly. I feel im-
patient to see its conclusion, and hope something may
be done to effect our union.
My health and spirit is much improved, likewise the
health of the island is excellent — ^very little sickness
and nothing of an epidemic character. I am entirely
without news. Write often and give all news correct.
Your devoted husband,
Sam.
Fort Jefferson, Florida, July 14, 1867.
My darling Frank :
The mail boat came last night bringing no mail.
How disappointed I feel at not hearing from you. I
learn that owing to the quarantine regulations and the
withdrawal of several steamers from the line, we will
have mail twice a month. I shall, however, write every
opportunity, hoping you may possess greater postal
facilities.
This Post continues quite healthy, and as far as I
248 XHB lilFE OF DR. SAMUEL A. MUDD
have been able to ascertain no fatal epidemic prevails
anywhere on the Gulf coast. I wrote to you on the
30th of June, and to you and Cecie on the 7th of July.
If you do not hear from me regularly, you must not
attribute the cause to my not writing, but to irregular-
ity of the mail and other causes. You must write reg-
ularly and acquaint me with all particulars of interest —
how affairs are progressing on the farm, in the family,
at Pa's, and the immediate neighborhood. I suppose
ere this reaches you, the trial of Surratt will have
ended, and you will be able to give me some idea of
facts in relation, and whether any action is con-
templated in regard to what concerns me most — my
release. If something is not done immediately, I am
afraid my impatience will get the better of me, and
I will once more become gloomy and despondent. It
has been said there is more law than justice; but as
God is above the Devil, I shall ever be inspired with
hope.
I was visited yesterday by a Captain Dove — resident
of Washington, and brother, he said, of a Dr. Dove
residing there. He was aboard of a light-house
steamer, and may be inspector of light-houses on the
Gulf Coast. He seemed quite friendly and well dis-
posed. He said he was with Lieutenant Thomson dur-
ing the war, who married Miss Mudd of Washington.
He was well acquainted with John Mudd. I have but
little desire to make the acquaintance of any one con-
nected with the Government since being visited with
such gross wrongs by its unworthy agents. I am
entirely without news. My health continues good, and
the treatment we receive more humane than formerly.
We have been entirely without vegetables of every
description for a considerable time, and the rations are
principally salt pork and indifferent bread; we can't
THE LIFE OF DR. SAAIUEIi A. MUDD 249
complain, since soldiers get the same. We often use
"pusly," which grows around the unfrequented por-
tions of the Fort, and think it quite palatable. The
weather has not been so hot this summer as last.
There are millions of little mosquitoes that are very-
annoying; bedbugs sometimes get ahead of us.
Remember me to dear Pa, Ma, and family, and to
all inquiring friends. Tell our dear little children that
Papa often thinks of them and dreams of them, and
they must all pray for him to come home speedily and
safely. Write me long letters, and give me news
about all.
Sincerely trusting this may find you all in the enjoy-
ment of the blessings of health and free from all want,
etc., I am, as ever, true and fondly.
Your devoted husband,
Sam Mudd.
Fort Jefferson, Florida, July 27, 1867.
My darling Frank:
I received yours of the 30th of June a day or two
ago, and was delighted to know you were all well.
The mail arrived this morning bringing us the Weekly
Sun of the 13th, but no letter. I see mentioned in
the papers the box of articles sent by us has safely
come to hand. I sent you a cribbage board, the only
thing I had on hand at the time. It was quite an
extemporaneous getting up ; Colonel Hamilton having
kindly offered to take any articles we desired to send
North, caused us to bundle up what we had on hand
at the time and forward with him. The board I sent
was not completed — there was a drawer intended for
cards and little pegs. I have been principally engaged
in such work ever since I have been in the shop. I am
still employed there, and am becoming quite proficient
250 THE lilPE OF »B. SAMUEL A. MUBD
in the use of tools, etc. My health continues as usual —
good as the majority on the island, which is nothing
to brag upon. The climate is very debilitating in
itself — the absence of suitable diet makes it more so.
The clothing I wear daily is heavier than I wore in
extreme cold weather at home. I am thin, but feel no
discomfort from it. I had an opportunity some days
ago to have my likeness taken, but thought it might
occasion some injurious strictures and would not have
it done. I am truly in hopes it will not be long before
I will be able to present the original, if not the rep-
resentative.
The subject that action is now made to hinge upon,
seems clear, and there is not the least doubt in my
mind but that the counsel for the defense of Surratt
will be able to establish his innocence beyond the
shadow of a doubt, and the wanton butchery of his
mother. In case of his acquittal, I cannot see upon
what pretext they can hold me; for had Surratt been
on the same trial that I was, he would certainly have
been hung, though innocent — no amount of evidence
in his favor could have saved him.
It should be the duty of all good citizens to bring
those infernal perjurers and suborners to the bar of
justice, and have meted out to them the punishment
their crimes deserve — an example should be made of
them. Lose no time in taking action. From the late-
ness to which the time has been suffered to extend,
I am afraid it will be cold weather before I get home,
or perhaps never, so long as such damnable influences
are made to operate upon those in authority.
Remember me to dear Ma, Pa, and family, and be-
lieve me ever devotedly,
Your husband,
Sam.
THE LIFE OF DR. SAMUEL A. MtTDD 251
Fort Jefferson, Florida, August 9, 1867.
My darling Frank :
Mail has just arrived bringing me yours of the I2tli
and 22nd of July, also a package of intelligence,
though of an older date. The boat will return in a
few minutes, so I can barely acknowledge the receipt
of these kind favors, and let you know I am well. I
have not yet perused the papers, so am unable to make
comments. I will write again to-hiorrow and be more
lengthy. I am glad to know you were so prudent as
to disregard the letters of DeCue.
Let me be an after consideration. Be economical
and provide the best you can with the means at your
disposal ; this is all the advice I can give off-hand, and
without much consideration. This is the first oppor-
tunity I have had to write since the 26th of July.
Remember me to all, and believe me ever fondly,
Your husband,
Sam.
Fort Jefferson, Florida, August 10, 1867.
My darling Frank :
I wrote you a hasty note yesterday, but agreeable
to promise write again to-day, although I must confess
I have nothing worthy to communicate.
You seem desirous to know something about my
health, fare, looks, and weight. I thought I had satis-
fied your curiosity on these points previously. Having
nothing to occupy my pen, I again attempt a descrip-
tion. My health is not good, but much better than
formerly. Our fare consists principally of salt pork,
bread and coffee — fresh beef two or three times in
every ten days. We had issued yesterday to us, eight
in number, about a peck of Irish potatoes, the first
252 THE LIFE OF DR. SAMUEL A. MTIDD
vegetables of any kind since last January, with the
exception of corn and beans occasionally.
As regards my looks, being an interested party, I
might be inclined to flatter; but to answer your in-
quiry, I must pass a judgment or opinion no matter
how incompetent, therefore, agreeable to the best esti-
mate I am capable of forming, my appearance is about
the same as when I left home, with the exception that
my hair is considerably thinner, consequently the bald
head more perceptible, and no doubt larger in circum-
ference. I have no wrinkles, and wear constantly a
mustache and goatee. Owing to the peculiarity of my
skin, and not much exposed to the sun, I am paler or
fairer than when I left home. I may be a few pounds
lighter, perhaps about a hundred and forty-four or
five. My manners about the same, impulsive, etc.
Generally, have but little to say, but think a great
deal. I am very weak, though in appearance strong.
This I think is attributable to the climate and the want
of free exercise. The rules governing the Fort are
very rigid and severe, more barbarous than ages by-
gone — refusing to work or obey an order, is punishable
with instant death by shooting.
On the 31st of July, one of the prisoners being crazy
drunk, noisy, and a little unruly, was shot and killed
by one of the sentries. Instead of meeting with rebuke,
the soldier was commended for his conduct. The
prisoner's name was Winters, alias Lee, belonging to
the 17th Infantry. He was a very orderly disposed
man, nothing criminal about him. He was sent here
for desertion. I don't think Job had greater mis-
fortunes than have been visited upon us. A day of
fortune came for him ; the question is, how long shall
ours be delayed?
Your devoted husband,
Sam.
THE LIFE OP DR. SAMUEL A. MUDD 253
Monday Morning, August 12, 1867.
My precious Frank :
The storm which began yesterday still continues,
though not quite so furious. A boat is at the wharf
and will leave with the mail so soon as it subsides, so
I will avail myself to let you hear from me at the latest
moment. Exercise a little of that virtue, which has
been so often recommended to me, toward Mr. Best
and the darkies — patience. Mr. Best is growing quite
old, and with bad health it is natural he should be cross
and a little childish. Try to bear with him until I get
home, should it be my fortune soon.
I look upon the resolution passed in Congress some
days ago, appointing a committee to investigate further
the assassination, as having the tendency to prolong
my stay here, though I am in hopes the trial of Surratt
will shed all the light that may be desired, and will
end in my speedy return to you. It is useless for me
to make any comments. I hope to see its conclusion
the next mail, when I am in hopes I shall be better
prepared to express myself. Don't lose any time in
pressing the matter before the President and others in
authority through your lawyers and friends. Give
me all particulars in your next concerning the trial.
Write a long letter and tell Henry to write to me, and
give me all the news. Above all, try not to deceive
me ; let me know positively what bearing the trial will
have upon my case, and when I may expect release
from this wretched den. My love to all.
Your fond husband,
Sam.
Fort Jefferson, Florida, August 18, 1867.
My darling Frank:
A boat arrived this morning from Key West bring-
ing no mail. She will return in an hour or two. A man
254 THE LIFE OF DR. SAMUEL. A. MIJDD
came from aboard, who visited us fifteen minutes after
he landed, and who represented himself as a "cor-
respondent of the New York Herald." He seemed
anxious to obtain news upon many subjects, but our
suspicion being aroused, he proved unsuccessful.
Should you see any representation coming from this
point in the Herald, in which our names figure, be slow
to credit. I send you his card. His name is Doyle,
and he wears a detective's appearance. We had but
little conversation with him.
Fearing my letter will not have time to pass through
the regular channel in time, I must reluctantly bring
it to a close by desiring to be remembered to all the
loved ones at home, to our darling little children and
family. I am in my usual health and in hopes this may
find you in the possession of the same.
Write soon and give all news that may be of inter-
est, particularly that which may have a bearing upon
my stay or release. Boat is going.
Sam.
Fort Jefferson, Florida, August 25, 1867.
My darling Frank :
I received two letters from you, mailed July 31 and
August 12, and one from Sissy, July 31, also several
papers which have interested me considerably, so far
at least as to know that the long and wearisome trial
of Surratt is now over (for a time at least), and the
change which has been effected and contemplated in
the Cabinet.
The New York Herald, so bitter before in its de-
munications of everything Southern or Democratic,
has now turned around and advocates their principles
and advises action upon the part of the President,
which it scorned down a few months ago. By straws
THE LIFE OF DR. SAMTJBI; A. MUDD 255
we know the direction of the wind, and we can con-
clude from these incidents the allaying- of strife, and
the return to sober reason and justice. The way seems
now clear for our early reunion, if those entrusted in
the management of my case be sincere and not actuated
by sinister motives. Those who may fear prosecution
may desire my detention and may hold out some in-
ducement to the attorney to be tardy. I do not com-
prehend the conduct of Mr. Reverdy Johnson, and
his son-in-law may be influenced by him. I have
become so that I mistrust everybody, except our im-
mediate family and connections, until they prove by
conduct worthy of confidence. I am in hopes I will
promote no unkind fears toward those in whom you
have confided, but avert to the fact that you might
take advantage of the least suspicion of unfair plaj'.
I will be home in October agreeably to calculations I
have formed, yet I have so often been led astray, I can
feel no confidence in any conclusion I arrive at. I am
very well, though the island is becoming sickly. We
have had one case of yellow fever here since I last
wrote, which proved fatal. It originated here, and
was not imported. A general renovation has ensued,
which for the future will prevent its recurrence. I have
no fears regarding it, which is its greatest preventa-
tive. We have a Dr. Smith attending the Post who
says he is related to Mr. Wm. B. Hill's family, and
seems acquainted with many in that county and the
D. C. He seems quite a nice man, and has manifested
a kind feeling toward me. Major Stone, who is also
in the immediate command, has displayed much en-
ergy, and relieved many grievances. Although the
laws are rigidly strict governing the Post, we have
been specially favored, and been objects of their kind-
ness. We are permitted to purchase from Key West,
^ potatoes etc., which before we were denied.
256 THE liIPE OF DR. SAMUEL A. MUDD
Remember me as ever to all the dear ones at home,
and believe me, Your devoted husband,
Sam.
August 26, 1867.
My darling Frank :
The mail boat having remained up to the present,
and my letter of yesterday not handed in, I take ad-
vantage to add a postcript. Since I wrote yesterday,
another case of fever has been admitted to the hos-
pital, which from present symptoms, will likely prove
fatal.
The weather has been very calm for several days
and very warm, causing no doubt the generation of
the peculiar poison which gives rise to the disease.
Water and everything in the shape of vegetation rap-
idly undergoes decomposition here. The sea water
suffered to stand in a bucket two or three hours be-
comes very offensive to the smell.
I have read the speeches of Messrs. Brady and Mer-
rick, and am much pleased at their able, learned, and
providential success. Reflecting upon the situation of
affairs, I know no more auspicious moment to press
the matter of my release than the present. The argu-
ment of Merrick being sustained by such substantial
proof carried conviction to the hearts of those hitherto
most prejudiced, and made them familiar with the
foulest murder and crimes, under the cover of law,
that ever defaced the pages of history. Well may
those seek to cover their flight from the scene of their
bloody tragedy, by attempting to visit their displeasure
on the President. The spectre of ghosts ever haunts
their guilty visions, and they gladly seek to find some
place of repose.
Your devoted husband,
Sam.
CHAPTER XV
PRISON W^E IN 1867, CONTINUED — ^RAVAGES OE YEly-
LOW EEVER — MY FATHER ASSUMES CHARGE OE THE
HOSPITAL AT EORT JEEEERSON.
New Orleans, September i, 1867.
Dear Frank :
I received a letter from Jere last week containing
note from Merrick stating Governor Black of Penn-
sylvania and himself would attend to Sam's case, but
he would need one thousand dollars for Governor
Black. I wrote to Jere and told him I had five hun-
dred dollars which was at his disposal, and to call on
his father for the balance. Let me know if they are
doing anything for Sam, or if his "praying friends"
can raise five hundred dollars.
We are having a deal of yellow fever. I will write
to you soon, and answer questions asked in your letter.
Your brother,
T. O. Dyer.
Fort Jefferson, Florida, September 3, 1867.
My darling Frank :
I wrote you last on the 28th of August. Since then
three more cases of yellow fever have proved fatal, and
a number of new cases have been admitted to the hos-
pital. To prevent the spread of the disease, one of the
companies has been removed to one of the adjacent
islands, and a hospital erected on another, where the
patients are carried as soon as taken. One of the
officers is now sick with the disease and not expected
to recover; quite a panic exists among soldiers and
17
258 THE LIFE OF DR. SAlMUEL A. MUDD
officers. The prisoners, as a rule, seem to feel no
alarm. The outbreak of fever ought to furnish a
reasonable cause for our removal to a more healthy
locality. As it has made its appearance here and in so
malignant a form, it will most likely become epidemic
or confined here for an indefinite period, for we have
no frost here, and the climate does not vary much
with the season; besides every soldier and prisoner
is provided with a blanket or two, and as his clothes
are all woolen, will serve as retentatives of the poison
or miasma. It is likely a report will be made by the
commanding officer to the War Department concern-
ing the true condition of affairs, and the extent of the
epidemic. You can advise with friends, and act as
seems most fit. Humanity, apart from every other
reason, ought to prompt our removal.
Let me know whether a petition signed by the offi-
cers of the Post would be of any avail. I have thought
over the matter, and think that under present circum-
stances, the public mind might justify some ameliorat-
ing action upon the part of the President. Write
immediately in answer and give all news.
Your fond husband,
Sam.
Fort Jefferson, Florida, September 8, 1867.
My dear Jere :
I wrote to you on the 6th and acquainted you with
the true condition of affairs at that time. I spoke of
the illness of Dr. Smith and wife. He died last night.
Mrs. Smith will likely recover ; they leave two nice lit-
tle children. Nearly every man now on the island is
infected with the disease. The hospitals are all full,
and the greatest consternation prevails. Dr. White-
hurst arrived last night from Key West. He will re-
THE LIFE OP DR. SAMUEL A. MtTDD 259
lieve me. The two days I have had the management
of the hospital no deaths have occurred, and all have
improved that were taken in time. The mail is leaving.
Good-by,
Sam.
Fort Jefferson, Florida, September 13, 1867.
My darling Frank :
It is now nearly eleven o'clock at night, and though
tired and worn from constant attention upon the sick
and dying, having buried two to-day, I cannot refrain
from letting you share the gloom which surrounds this
seeming God-forsaken isle. Although three-fourths
of the garrison have been removed, the epidemic seems
to increase with unabated fury. The first three or four
days of my attendance in the hospital we were not
visited with a single death. Since then the number has
largely increased, the most experienced nurses have
been seized with the disease. It is impossible to obtain
suitable nurses to bestow the attention required, and
seven unfortunate beings have been ushered into
eternity, without a kind word or ministering angel of
religion. Our hospital being insufficient to hold the
numbers, a second, then a third, and yesterday a
fourth, were provided, and they are all filled. We have
scarcely well ones enough to attend the sick and bury
the dead. They are not suffered to grow cold before
they are hurried off to the grave.
Dr. Whitehurst, who was expelled from the island
in the beginning of the war, on account of the
sympathies of his wife, is now an incessant laborer
from Key West. He is quite an old man, but has
endeared himself to all by his Christian, constant, and
unremitting attention at all hours, even when duty
seemed not to require. I remain up every night until
260 THE LIFE OF DB. SAMUEL A. MTIDD
eleven or twelve, and sometimes later. He is up the
balance of the night, and there never was greater ac-
cord of medical opinion. He did not arrive here for
several days after the duties of physician of the Post
had devolved upon me by the illness and lamented
death of Dr. Smith, and I assure you I felt much grati-
fied when my conduct had met with his approval, being
almost without any experience in the treatment of the
disease, and having nothing to govern me other than
the symptoms which the dread malady presented. By
this accident I am once more restored to liberty of the
island at all hours, day or night. Every officer of the
Post is down with the disease, and but one remains to
perform all the duties. He is a newcomer from Balti-
more, and recently married. His name is Lieutenant
Gordon. Little or no guard duty is performed, and
but little difficulty presented to those who might be
disposed to escape. I have resigned myself to the fates,
and shall no more act upon my own impulse. Not one
of the prisoners has as yet died, and those that take
the disease pass through it without any apparent suf-
fering.
Mrs. Stone, the wife of the Commandant, is quite
sick with the fever. She is a patient of Dr. White-
hurst. He manifests some anxiety in her regard, and
I fear the disease will overcome her and she be num-
bered among its victims. I am well acquainted with
her. No deaths have occurred since yesterday morn-
ing. There are three very low, and their cases present
a doubtful issue at this time. I am very well, and have
no fears of the disease. My manner gives confidence
to all around, and has a tendency to revive the flagging
spirit. I am bravest in danger. I fear the boat may
leave, so shall post right away. Good-by.
Sam.
THE LIFE OP DR. SAMUEL A, MDBD 261
Fort Jefferson, Florida, September i6, 1867.
My precious Frank :
The mail has not yet left since the date of the 13th.
We have lost only two, both of whom died this morn-
ing, one being an officer, Lieutenant Orr. The infec-
tion is subsiding, only for the want of victims. I am
not very well, though; feel badly, which I attribute
to the loss of rest and constant attention to the sick,
etc. I received yours of August 23d, day before yes-
terday, and Fannie's of the 28th. Judging from these
letters, matters look less favorable now than before the
trial of Surratt. In the name of the Almighty, what
can the American idea of law and justice be? I am
sick of the words — law, justice. I feel almost like
insulting any one who would advise recourse to it. If
I am to wait here until the affair is settled by the Court,
it may be unnecessary for the want of a subject.
The disease now prevailing here will not likely stop
with the change of season, it will no doubt be confined
here for an indefinite period, and when I am worn
down with exhaustion and fatigue, I will be an easy
prey to the infection. Thus far it seems to be the curse
of the Almighty. No more honor is shown the de-
ceased, be he officer or soldier, than to the putrid re-
mains of a horse. They are buried to get rid of the
stench and infection. We have no commander of the
Post now, everything is in the hands of the physician.
Dr. Smith's child, a boy about three years old, has
the fever. He is a very intelligent child, and has
amused me on several occasions. I fear he will not
get over it. Mrs. Smith has recovered from the fever.
A little daughter about seven years old remains ex-
empt, having been sent to a different portion of the
Fort. The little boy was very fond of me, and used
to turn somersaults for me. I will write again to-
morrow. Good-by,
Sam.
262 THE MFE OP DB. SAMUEL A. MUDD
September 17, 1867.
My darling Frank :
The boat left this morning early for Key West for
medicine, etc., consequently I could not get this off or
the hasty scrawl previously written. Although many
deaths have occurred, and no abatement up to the
present hour, I feel no alarm, and you must not suffer
any uneasiness.
I visited my little pet to-day, and found him, to my
great sorrow, almost in the agonies of death. He had
the black vomit, and not expected to live many hours.
We have also a man in the hospital with the same fatal
precursor, and he will not live to see morning. We
have saved only one thus far after the appearance of
the black vomit. The little boy is a patient of Dr.
Whitehurst. I visited him to-day, at his request, in
consultation. We have now over a hundred cases of
fever in hospital, and the percentage of deaths is un-
precedentedly small, taking the average mortality in
other places where the disease has prevailed as an
epidemic.
Arnold had it, and is now well. I kept him in our
room. O'Loughlin has it now, and getting along very
well. Should I get it, I will not have any one to at-
tend my case other than Dr. W., who is very old, and
is a little slow in his actions and treatment. The dis-
ease being quick, has to be treated vigorously from
the start. Should I have time, I will endeavor to give
to the world my theory and experiences of the disease,
as confined to this island. The disease ends its course
quick, and has to be taken in time and treated vigor-
ously to get the patient through the first stage in order
that a successful termination may be promised. You
see I have, for the want of a subject, expended these
three small sheets with matter which will likely never
THE LIFE OF DR. SAMUEL A. MUDD 263
be of any concern to you, except so far as relieving
your mind of further anxiety and concern on my ac-
count. Were our separation to be much longer pro-
longed, or no hopes of a speedy release, I could will-
ingly resign now to the fate which we must all one
day inevitably suffer. The future is unknown, and
should I be carried away with this scourge, I have
nothing to will you and our dear little childrai but
my undying love and affection. The mail is expected
in on the 19th so I will postpone until to-morrow
further remarks. It is now twelve o'clock at night,
and I have to visit all the patients before retiring, so
good night.
September 18, 1867.
My darling Frank :
I have been so engaged to-day that I did not think
of getting a pen. It is now 10 o'clock. I am in the
dispensary and everything quiet as death, except now
and then a new case is brought in for treatment. Two
cases have come in since 9 o'clock. They are generally
taken sudden and most frequently at night. We have
had three deaths to-day. The little son of Mrs. Smith
died at 3 o'clock this morning; poor woman, she has
lost her husband and son — not being here more than
six weeks. A little girl only survives ; she will leave
by the first boat for the North. Mrs. Smith was telling
me yesterday that all her family reside in Montgomery
County, Md. A Rev. Mr. Prout is an uncle of hers in
Nanjemoy, Charles County, Md. The other two
deaths were soldiers. An indescribable gloom per-
vades the garrison — many are conjecturing who will
be the next. Only one officer still reports for duty, and
he now shows evident symptoms of the disease; per-
haps to-morrow I will chronicle him among the sick.
264 THE LIFE OP DR. SAMUEIi A. MUDD
September 19, 1867, 10 a. m.
My darling Frank :
The boat arrived this morning as anticipated, bring-
ing me yours of September 4. I see nothing encour-
aging. I see that we are still styled the "assassination
conspirators" in the President's amnesty. If it go
upon fact, it has no reference, but the name is suf-
ficient — "Give a dog a bad name and you may as well
kill him."
We had one death this morning; we will not likely
have any more to-day. All the patients now in hos-
pital are doing well. O'Loughlin is improving. I
attend him in our room.
September 19, 1867.
My precious Frank :
My letters come to hand now unopened, and you
need have no fear to make known what action is con-
templated. If it is not immediate and bids fair for my
release, I would have nothing to do with it, because it
will be only loss of time and money, a source of aggra-
vation and mutual anxiety. I would much prefer
nothing to be done so long as such infernal scoundrels
have the control of the courts and access to the public
treasure to suborn perjury. The best thing you can
do is to cause our removal to some Northern bastile,
where the laws are in force. A sufficient excuse now
offers itself — -the presence of the epidemic of yellow
fever, etc. The mail is being made up by the post-
master, so I must conclude. My undying love to all.
Many of the deaths reported have not occurred here,
but on an adjacent island where we have erected a
hospital ; more than half sent there have died. I claim
the credit of having broken up this establishment, and
having inaugurated an entirely different system of
treatment. Dr. Smith admitted, before his death, that
THE MPE OF DR. SAMUEL A. MUDD 265
he had never seen a case of it before, and acknowledged
his incompetency to treat the malady. He never con-
sulted with me upon the subject, and the fate he suf-
fered may be the consequence. We had several cases
in the Baltimore Infirmary during the epidemic that
prevailed at Norfolk in 1855. I became acquainted
then with the pathology of the disease, but have acted
here entirely upon my own theory, and with unprece-
dented success. I can say with truth that none have
died that have been seen in time and had proper at-
tention and nursing. I am universally respected by all
the soldiers, and they seem ever ready to shower com-
pliments and favors.
Major Stone has kindly promised to make known
my services to the authorities at Washington, but un-
less they have the magnanimity to release me, their
word of praise will be of no consequence. I am very
well and feel much better to-day than yesterday. I
truly grieve to hear of the unfortunate death of Billy
Bowling.
Kiss our dear little children, and as ever.
Your fond and devoted husband,
Sam.
Fort Jefferson, Florida, September 21, 1867.
My dear Jere :
I wrote yesterday to Frank. The mail will leave at
10 o'clock; it is now eight.
I wrote to you a few days ago, and gave all particu-
lars of the fever then raging here. Since then several
have died, among them the little son of Mrs. Dr.
Smith; Lieutenant Orr and Mrs. Stone, wife of the
Commandant. Arnold had it and is now well.
O'Loughlin was taken day before yesterday, and was
getting along very well up to late yesterday evening,
when, owing to the imprudence of some visitor giving
266 THE LIFE OF DB. SAMTJEL A. MTJDD
account of the recent deaths, he became excited, sank
into a collapse, and with difficulty we could save his
life up to the present. He has revived considerably,
but is yet in a critical condition. Our attention is
unremitted; and assure his friends he shall sufifer for
nothing. We have now by his side all the delicacies
the island can afford.
Mrs. Stone died last night, and was buried this
morning. Major Stone will leave at ten for the North
to take his little son, an only child. I had a talk with
him this morning, and gave my views of the situation.
I told him plainly there was no abatement in the dis-
ease; that, instead of becoming milder, it was evi-
dently more malignant. I told him in a short time the
garrison would be without officers, and it would be
death to any unacclimated officer who would be sent
here; also that in this climate the disease was likely
to continue an indefinite period, owing to the fact that
there is not much change of temperature with the
season. He promised to see General Grant in person
and represent the matter. You can form no idea of
the gloom that pervades this God-forsaken place. I
have just been called to O'Loughlin; will finish when
I return.
O'lvOughlin had a convulsion a few minutes ago.
My heart almost fails me, but I must say he is dying.
God only knows who will be the next. There will be
likely two or three more deaths during the day.
Arnold received the box sent by his friends. Why
don't you write sometimes ? Good-by.
Sam.
Fort Jefferson, Florida, September 23, 1867.
My darling Frank :
I wrote to you day before yesterday. The mail came
this morning and will return immediately, so I have
THE LIFE OP DR. SAMUEL A. MUDD 267
to hurry. I received no tidings from any one to-day.
I have written to Jere, and have sent some trifling
articles to him to be distributed among you all.
O'Loughlin died this morning. We did all that was
possible, but our efforts were in vain. We prolonged
his suffering life for two days by constant nursing and
attention.
I am not feeling so well to-day, my head aches. It
may be from sitting up so much, but fear it is the
premonitory symptoms of the prevailing epidemic.
Five were buried this morning, including O'Loughlin.
The hospital is full, and scarcely nurses enough to at-
tend the sick. I have been acting physician and nurse
for a considerable time, until I am nearly exhausted.
My heart sickens at the prospect which is before me.
Were an enemy throwing shot and shell in here a more
horrible picture could not be presented — a useless ex-
penditure of life and money. Thousands of dollars
worth of property has been destroyed as infected,
clothing, etc.
Give my love to all, and believe me, ever fond and
devotedly. Your husband,
Sam.
Fort Jefferson, Florida, September 26, 1867.
My dear Jere:
I send to-day, through the kindness of Captain Ham-
ilton, as a present to you one crabwood cane and an
unfinished cribbage board. I have sent a package or
two of moss-cards, and some common shells. Tell
M. C. to select what may please her fancy, and to send
the balance, together with the box, to Frank to be
divided between Fannie, Cecie and Em. There are
five crabwood crosses — four were made by poor
O'Loughlin, at the request of his sister, for Cousin
Ann. Since his death it would be best to send them to
268 THE LIFE OF DK. SAMtJEIi A. MUDD
his sister. The other I made myself. I intended mak-
ing several more, but was taken from the shop. I am
sorry I have nothing more worthy to send. The fever
continues unabated. Lieutenant Gordon, of Baltimore,
and Zulinski, a Polander, are now dangerously ill with
the fever. There is but one other officer at the Post
who is convalescent, and he unfit for duty. My health
continues good.
I wrote your name on the stick for you. Should it
be removed by any means, you can know it by its being
much the largest stick of the bundle. It is very heavy
and intended more to look at than for use. I am sorry
I have nothing suitable to send to Pa or Ma. When
you write give me some idea what you think would
please them.
The schooner Matchless has just arrived from Key
West. Major Stone, on his way North, was taken sick
and died there on the 25th. He promised to make
known the services I have rendered to the Post. His
death will prevent likely any mention of my name in
connection with the present epidemic. Unless the
patient is attended to immediately, it is almost in-
variably fatal. Thirty deaths in all from fever have
taken place since the middle of August up to the
present date. Two companies have been sent to an
adjacent island, which thus far has remained quite ex-
empt from the disease; a case now and then occurs
among them.
Remember me to all. Write soon and give news of
all that is going on. Yours,
Sam.
Fort Jefferson, Florida, September 25, 1867.
My darling Frank :
When I wrote last I mentioned the death of little
Harry Smith, son of Dr. Smith, and spoke of the ill-
THE MPE OF DR. SAMDEIi A. MXTDD 269
ness of Mrs. Stone. With much sorrow I announce
her death; she died on the morning of the 21st.
Major Stone, her husband, became so alarmed (al-
though he idolized her) he did not go to see her buried,
but bundled up immediately and started with the in-
tention of going North, taking his little son, an only
child, about two years. Before reaching Key West he
was seized with the fever^ and died there on the morn-
ing of the 25th instant. He was very kind toward
us, and had promised to make known to the authorities
at Washington the service I had rendered the garrison
during the recent epidemic, which he thought would
have considerable weight in restoring me to liberty, and
to my family. Now that he is dead there is no one here
whom I can expect to take any interest in my behalf,
and the future may not be so propitious with me.
In my last I mentioned the name and good health
of Lieutenant Gordon of Baltimore. He has since been
swept away by the disease; he was buried yesterday,
twelve o'clock noon. He leaves a young wife to be-
moan his loss. He was kind and courteous always.
I am not acquainted with his wife. They have no chil-
dren. The disease thus far has destroyed one family.
Major Stone and wife, and made desolate three young
wives, Mrs. Orr, the wife of Lieutenant Orr; Mrs.
Smith, the wife of Dr. Smith; and Mrs. Gordon, the
wife of Lieutenant Gordon. I attended Mrs. Smith
through the active stage of her disease, and a nobler
woman I never met. She left here the evening of the
27th for home, which is in Montgomery County, Md.
The child of Major Stone was well when last heard
from. Mrs. Orr was a missionary, and luckily left in
May last on a visit home (Jefferson Barracks) to spend
the summer.
When Dr. Whitehurst arrived, I yielded to his age
and experience, and was relieved from further atten-
270 THE LIFE OF DB. SAMTJEI; A. MUDD
tion upon the officers and their wives, at my own re-
quest. My duties were then principally directed in the
hospital. All those that have died in the official circle
were patients of his and had all the advantages of his
experience and knowledge. I feel much relieved that
they did not die upon my hands, for likely another
charge of murder, etc., would be brought upon my
unsuspecting shoulders.
Since you last heard from me twelve deaths have
occurred, eight only in hospital, which is a small per-
centage considering numbers and the facilities of treat-
ment. I believe I understand the disease now thor-
oughly, and can treat it as successfully as any other
disease, if taken in time.
I wrote to Dr. Dent a few days ago, and gave him
the mode of treatment pursued with such happy effect,
when in time and practicable. Sometimes the poor
creatures are struck with delirium from the beginning,
and are perfectly wild and unmanageable; some die
the same day they are taken, but most live to the third
day. More die for the want of proper nursing and
care than lack of medical attention. I am up all day
until twelve o'clock at night. Dr. Whitehurst comes
around between that time and day. I sleep until five
or six o'clock in the morning and return at seven. The
number in hospital has diminished somewhat recently,
but only for the want of victims. Nearly evei*y one
in the garrison has had the disease, many a second
time. The cases that come in now are of the most
malignant form, which shows that the principle of the
disease is still active. Colonel Grenfel is quite sick
with the disease; he was taken yesterday. I will do
all that is possible to save him. He has been acting as
nurse upon many of the officers recently.
The mail boat came in late yesterday evening, bring-
ing some medical supplies, but no mail.
THE LIFE OF DR. SAMUEL A. MUDD 271
A Dr. Thomas has been assigned to this Post as
medical director, and will be here to-morrow. Dr.
Whitehurst will leave immediately after his arrival,
and will take Mrs. Gordon in charge on her way home.
She will stop with the Doctor at Key West until a
steamer passes northward bound. I shall vacate my
position as soon as he leaves. I shall miss him a great
deal. He makes no charge for any service rendered,
which shows his unselfish spirit, and the motive which
actuated him to come to us in our greatest need. There
are but two officers left; one is convalescent, and the
other is lying at the point of death, but may survive
with good nursing. You can't imagine the gloom and
indifference which pervades the whole garrison. No
more respect is shown the dead, be he officer or soldier,
than the putrid remains of a dead dog. The burial
party are allowed a drink of whiskey both before and
after the burying, which infuses a little more life in
them. They move quickly, and in half an hour after
a man dies, he is put in a coffin, nailed down, carried
to a boat, rowed a mile to an adjacent island, the grave
dug, covered up, and the party returned, in the best
of humor, for their drinks. Such are life and scenes
in Tortugas. But ten men appear at roll-call, and not
more than twenty fit for duty in garrison. Two com-
panies have been sent away, which thus far have
escaped the disease. They will not return until the
infection is declared at an end, which will be some
time yet.
My health has been very good up to the present.
I sometimes feel a little indisposed, but attribute it to
sitting up late and loss of usual rest. You will no
doubt see full accounts of the disease here in the papers,
so I shall defer until my next, further comments. Try
and give me some satisfactory news when you write.
Your husband,
Sam.
272 THE MFB OF DR. SAMUEIi A. MTJDD
lo o'clock at night, September 29, 1867.
My darling Frank :
Lately I have been holding on to the letters I write
you until I know definitely when the mail leaves in
order that you may hear from me at the latest period.
I concluded this hasty scrawl early this morning, fear-
ing the boat would return immediately to Key West.
Learning she would not, delayed until to-morrow. I
now proceed to give a detail of the day's occurrence.
We lost one man to-day about noon. He had the fever,
which ended fatally to-day. Lieutenant Zulinski (a
Polander), the officer I mentioned in the foregoing as
being very ill with the fever, is rapidly sinking. I
have not seen him to-day. His nurses represent him
in a critical condition. Should he die, it will make five
out of six officers, a remarkable fatality. We have ad-
mitted six new cases to-day. This is a decline of less
than one-half the usual number for many days past,
being generally fifteen or sixteen. I am in hopes the
boat, which is expected in to-morrow, may bring a
mail, and that I may hear you are all equally well as
myself, and may disclose something definite and re-
liable as to my stay here. I do not like to act upon
conclusions of my own, but would do so, if matters bid
fair to be protracted, and an easy mode of escape
offered. I will likely conclude this sheet to-morrow
should I have time before the mail goes out ; if not, I
bid you a reluctant good night and pleasant dreams.
Yours,
Sam.
September 30, 1867, 9 o'clock p. m.
The mail boat did not leave to-day owing to the non-
arrival of the one expected from Key West. No
deaths have occurred to-day, although there is one not
likely to live uutil rnopiing. I was interrupted a few
THE LIFE OF DR. SAMTJEIj A. MUDD 273
minutes ago, and told that he was breathing his last,
by his nurse. I went to him, and with the application
of a pitcher or two of cold water to the head he was
relieved of the convulsion, and is now doing as well
as can be expected. With good and proper attention
he would get over it, but that is impossible here. The
nurses are ignorant and careless, and I can't act both
the physician and nurse. Lieutenant Zulinski is in
statu quo, no appreciable change for the better yet ob-
served. Colonel Grenfel is quite sick; his case is
doubtful. More were admitted in hospital to-day.
The reason is, there are not more than a dozen on the
island yet to have it. We will call them up to-morrow,
and learn the reason why they did not have the disease.
I suggested the idea to the Doctor this evening. I will
write again to-morrow. Good-by.
Sam.
i8
CHAPTER XVI
PRISON LIFE IN 1867, CONTINUED GARMSON REDUCED
BY DEATHS FROM FEVER — MY FATHER FREE TO ES-
CAPEj BUT CHOOSES TO REMAIN AND GIVE "aLE THE
HOPE AND ENCOTJRAGEMENT POSSIBLE TO THE
DEATH-STRICKEN VICTIMS" — IS FINAEEY HIMSEEF
STRICKEN DOWN.
Fort Jefferson, Florida, October i, 1867.
My dear Jere :
To you and the uninformed public this Post may ap-
pear very important to be held by our country as a
strategic position, offensive and defensive; but to us
nothing seems more ridiculous, and the only object for
the full garrison is to hold us, now four prisoners,
Grenfel, Arnold, Spangler, and Mudd. We conclude
therefore, since they do not remove the entire garrison
from this infected spot, that they would prefer to sac-
rifice us with the garrison, sooner than cause our re-
moval to a more salubrious locality. Thus far four
valuable officers have yielded up their lives, and misery
untold has been entailed upon their distressed fam-
ilies, — not saying anything of the brave men in the
ranks who have perished, — ^to carry out what can only
be termed a complimentary sentence in atonement for
the life of the Chief Executive of the people, though
such sentence is contrary to law and every principle
of justice.
By the hand of Providence my fetters ha-\'e been
broken, yet I run not, preferring to share the fate of
those around me and to lend what aid in my power to
breaking down the burning fever, overcoming the ag-
onizing delirium, and giving all the hope and encour-
THE LIFE OF DR. SA^nJEI; A. MUDD 275
agement possible to the death-stricken victims of the
pestilence.
Dr. Whitehurst from Key West, an old man sixty-
odd years of age, is attending here night and day,
doing all that human judgment and skill can effect,
without the hope of any other reward than that prom-
ised to those who do unto others as they wish to be
done by. I have done all that lay in my power, and
feel encouraged by the gratitude expressed by those I
have relieved. It is high time that the public was
made acquainted with the fact, and those in power
made to yield to a proper sense of duty and regard for
justice, instead of visiting upon helpless victims an
unjust and tyrannical punishment. A million and more
dollars have already been thrown away to debauch the
public morals in the vain hope that they might fix, with
some plausible degree of justice, the stigma of the
crime of the assassination on innocent victims.
We have, up to the present, lost by the fever at this
Post thirty-three in all, counting men, women, and
children, which is a small mortality, considering the
number attacked with the disease and the inadequate
facilities for treatment. I suppose ere this reaches you
you will have heard of the death of Lieutenant Gordon
of Baltimore. He had been here but a short time, and
had been married but two months. Lieutenant Zulinski
is lying dangerously ill with the fever. There is but
one officer here to perform all the duties, and he only
a second lieutenant ; all the rest have died. Two com-
panies have been sent to an adjacent island, and thus
far have remained quite healthy and free from the
fever. The whole garrison could have been removed
as well and the epidemic at once cut short ; but this did
not appear a part of the program, and the pestilential
vapors have spread death and destruction. O'Lough-
lin dead — stain upon the country. I and all labored
276 THE LIFE OF DB. SAMUEL A. MUDD
day and night to save him, but in'vain. The vital spark
was too weak, and he yielded in quiet submission to
the omnipotent hand of Providence.
Your brother,
Sam.
October 14, 1867.
My precious Frank:
I received yours and Fannie's of the 23d of Septem-
ber, on October 11, to which I replied in a very few
lines on that day. I sat up in bed to write them, but
now I have fully recovered from the fever, with the
exception of strength and flesh, which will take some
time to restore in this climate under the circumstances
we are placed.
Since I have been sick I have had the greatest desire
for fruits, apples, peaches, etc. These we barely meet
with, except in the very imperfect state of hermetically
sealed cans. Although the State abounds in fruits at
all seasons, we seldom meet with any. Occasionally
a few oranges, bananas, and pineapples come on the
boats, but the price is so enormous we can't afford to
indulge in a plentiful supply.
We have pretty constantly on hand Irish potatoes,
yams, or sweet potatoes, onions, ham and butter, for
which we pay the following prices, viz : ham, thirty
cents ; butter, seventy cents ; Irish potatoes, seven dol-
lars per barrel ; yams, seven dollars per barrel ; onions,
eleven dollars per barrel. We have received lately a
very fine barrel of potatoes from Mr. Ford, also one
from an unknown party, with a splendid ham. I have
but little appetite for such things, and indeed doubt
very much whether I would enjoy fruits, which I have
mentioned, were they brought here. I feel, with the
returning seasons, the inclination for the sports and
pursuits I have been accustomed to since childhood.
THE IjUE of DK. SAMUEL A. MUDD 277
and without the same degree of Uberty, freedom of
speech, etc., but httle enjoyment realized.
You mentioned in your letter that Jere said Mr.
Black had undertaken my case, and that he felt con-
fident of success. You forgot to name when it would
take place, and how it would be accomplished. If the
Government refuses the writ of habeas corpus to be
served or be of any force here, how is he then to pro-
ceed? I have already written to you plainly on the
subject in anticipation of the next dodge of the political
tricksters. It is all done to consume time and rob you
and friends of every farthing they can. When the
apples are ripe they will fall without human interven-
tion — so with my release. When I am released from
here, I shall thank no mortal man for it, but shall look
upon it only in the light of every other thing in nature,
that it was ordained, could not be otherwise. Jere has
given you this to satisfy you. It would have been bet-
ter had he imparted this information himself than en-
trusted you with it.
Could I believe the Government would be influenced
by my good conduct, I could send to you, signed by
every officer and soldier of the Post, the most praise-
worthy testimonial in regard to the services recently
rendered the garrison during epidemic of yellow fever
here. Many have come forward and pressed me to
permit them to make some public manifestation of the
esteem they hold toward me, but thus far I consider it
only a superfluous idea, and of no practical value. It
could only serve to excite my vanity, which I am in no
mood at this time to gratify. You know I was never
ambitious of much preferment, and I have grown less
so of late years. One of the officers came to me yester-
day in person, and desired me to make known my ser-
vices to the Government through the men of the gar-
rison. I told him I would await a reply from my
278 THE lilFE OF DB. SAMUEI, A. MUDD
friends on the subject. Let me know if anything of
the sort will be of service when you write.
Give my love to all and believe me most fondly,
Your husband,
Sam.
Fort Jefferson, Florida, October i8, 1867.
My darling Frank :
Sissy spoke of your intended trip to Washington.
I can't see what you expect to accomplish, when mil-
lions of dollars have been expended and a number of
officers' and soldiers' lives sacrificed to hold us here.
I can see nothing but the most determined spirit, in
spite of every principle of law and justice, to restrain
us of our liberty, and the comfort we might be able to
afford our distressed families.
I can have no sentiments of good feeling toward
those in power, no matter what their politics. Pilate
believed in the innocence of Christ, but was he justi-
fied in giving him up to the executioners at their cry
for his blood? Such is the position, such is the light
in which I hold those now in authority. A formal
petition to the Government, with preamble enumerat-
ing the services I rendered the garrison, has been
drawn up and signed by every non-commissioned offi-
cer of the Post. The privates will also sign it, but it
will require some time to get all their names. This has
been done without my knowledge. The officers, two
in number, expressed themselves favorable toward the
idea, and are confident it will be attended with success.
Influenced by their opinion, I have consented. The
appeal could be made more through curiosity to know
what action the Government will pursue. I will, if I
can find time before the boat goes out, send you a copy
of what is intended to be forwarded to Washington.
If you think proper you can present the copy in person
THE LIFE OP DR. SAMUEL A. MUDD 379
to any one of influence, and see what effect or tendency
it may have. Knowing the great prejudice pervading
all classes of society toward all the so-called "con-
spirators," I have but little hope of a favorable result.
How anxious I feel concerning your welfare and our
dear little children ; it is the only pain I suffer. I have
grown used to my present confinement, and it no
longer occasions me dissatisfaction. I have now all the
liberty I could desire here. I have plenty of books,
papers, and pen and ink, at my command. I have
access to a very choice library of over five hundred
volumes. My fare is as good as the island can afford,
and I am pressed often to accept presents in the shape
of little luxuries from the soldiers, so you see, so far as
bodily comforts consist, I am in want of nothing ; yet
so long as I am separated from you, I shall feel mis-
erable and unhappy.
Sissy mentioned that two of the most able lawyers
have been engaged in my case. She did not state when
or how things would be proceeded with. This serves
only to increase my curiosity and anxiety, and I would
much prefer no allusion made, if all can't be told.
We have lost no cases of yellow fever since the 6th
inst. We have now only two cases in hospital. There
are not over five in the garrison who have escaped the
disease, with the exception of negroes. The negroes
have been remarkably exempt. They sleep all the time
and wake up well. I am as well now as I ever was with
the exception of weakness. I am still doing duty in
the hospital. I am relieving the post physician of most
of the duty. Good-by.
Sam.
Fort Jefferson, Florida, 1867.
My dear Jere:
The mail will leave in a few minutes, so I must be
short. I have just finished a few lines to Frank.
280 THE LIFE OF DB. SAMUEL A. MUDD
There are but three cases of fever now in hospital
under active treatment. Dr. Thomas, physician of the
post, is down with the fever. He is in a fair way to
get well. All the duties of physician of the post are
again upon me, which I am beginning to find unpleas-
ant. The soldiers are never tired of lavishing upon
me compliments and sentiments of their good-will.
They have voluntarily drawn up a preamble and peti-
tion, which they wish forwarded through the proper
channel, reciting my services during the epidemic of
fever here. If you think such an instrument will be
of benefit, let me know, and I will forward you imme-
diately the original or a copy, which you and friends
can present in person. I have written to you several
times within the past month or two, without receiving
any reply. I am at a loss to account for your silence.
For God's sake tiy and give me some truthful idea of
the situation that I can look to some period in the fu-
ture with some degree of hope. I have lost all energy
and disposition to live under present circumstances.
I have preferred not acting under my own impulses,
fearing I might frustrate measures you had in con-
templation for my relief; therefore, I desire to know
the whole truth, so that some action of my own can be
devised. Give my love to M. C, and remember me to
all kind and inquiring friends.
Hoping to hear from you soon, I am,
Very truly,
Sam.
Fort Jefferson, Florida, October 22, 1867.
My darling Frank :
Dr. Thomas, our new post physician, is now quite
sick with the fever. The whole duties, as I have al-
ready stated, have again devolved upon me, which I
am beginning to find unpleasant. The epidemic in-
THE LIFE OF DB. SAMUEL A. MUBD 281
fluence of the fever still continues, but from the fact
that all having had an attack of the disease, they are
less liable to a second; and abatement is the conse-
quence. We have but one fresh case since I wrote,
viz : the Doctor. We have only one in hospital that is
dangerously ill; all the rest are convalescent. There
are two companies over on an adjacent island, which
I believe the commanding officer intends bringing over
the first of next month. These have remained exempt
from the disease and otherwise healthy. The whole
garrison could have been removed as well, but Provi-
dence decreed otherwise, and those entrusted with the
command at that time have been swept away by the
rude hand of the pestilence, in consequence of this
necessary precaution being omitted.
I am still possessing my usual health with the ex-
ception of strength, which I find very slow in return-
ing after an attack of this fever. My duties, however,
are light, and I am able to get along as well as I might
expect. There is no news stirring upon this desolate
island — everything is lifeless and inactive. The dull
spirit of the soldiers, etc., seems to add desolation to
the appearance. You can imagine better than I can
describe the condition and haggard walk of those who
have recently been visited with the fever, and are on
the slow march to health.
I send you enclosed the petition gotten up by the of-
ficers and soldiers. This is signed only by the non-
commissioned officers ; the other which is designed to
be sent to the President is signed by every officer and
soldier in the garrison. I shall await with some curios-
ity to know what effect it will have. I was in hopes
that, long ere this, some measure of relief would have
been devised by my very knowing and sympathetic
friends, and that I would be happily in your midst.
From all quarters I hear that there is considerable
282 THE LIFE OF DR. SAMUEL A. MUDL
good feeling manifested, and that a pressure is being
made by the pubhc for my unconditional and imme-
diate release. I am inclined to doubt, since nothing
practical is resorted to. You will please give me all
the information on the subject of my release that you
deem expedient, in your next. I want to know the
time when I may expect the benefits of the action at
law contemplated. I look upon law nowadays as
equivalent to injustice, something that aggravates and
adds insult to injury. I hope times have changed, and
the result be otherwise.
The enclosed petition you can make use of in any
manner thought advisable by friends. The weather
continues very warm, the thermometer standing be-
tween 80 and 90 degrees in the shade. We can't ex-
pect any abatement in the fever until a change takes
place in the atmosphere; it will not be much lower
even during the winter. Agreeable to writers on the
subject, the disease is capable of extension in all lati-
tudes above forty degrees, so it may continue here in-
definitely.
Hoping the time of our unhappy separation is grow-
ing short, I am as ever,
Your devoted husband,
Sam.
Following is a copy of the petition gotten up
by the garrison at the Tortugas for the release
of my father. All names of signers omitted :
It is with sincere pleasure that we acknowledge the
great services rendered by Dr. S. A. Mudd (prisoner)
during the prevalence of yellow fever at the Port.
When the very worthy surgeon of the Post, Dr. J.
Sim Smith, fell one of the first victims of the fatal
epidemic, and the greatest dismay and alarm naturally
THE LIFE OF DR. SAMUEI; A. MUDD 283
prevailed on all sides, deprived as the garrison was of
the assistance of any medical officer, Dr. Mudd, in-
fluenced by the most praiseworthy and humane mo-
tives, spontaneously and unsolicited came forward to
devote all his energies and professional knowledge to
the aid of the sick and dying. He inspired the hope-
less with courage, and by his constant presence in the
midst of danger and infection, regardless of his own
life, tranquillized the fearful and desponding. By his
prudence and foresight, the hospital upon an adjacent
island, to which at first the sick were removed in an
open boat, was discontinued. Those attacked with the
malady were on the spot put under vigorous treatment.
A protracted exposure on the open sea was avoided,
and many now strong doubtless owe their lives to the
care and treatment they received at his hands. He
properly considered the nature and character of the
infection and concluded that it could not be eradicated
by the mere removal of the sick, entailing, as it did,
the loss of valuable time necessary for the application
of the proper remedies, exposure of those attacked and
adding to the general fear and despondency. The en-
tire different system of treatment and hospital arrange-
ment was resorted to with the happiest effect. Dr.
Mudd's treatment and the change which he recom-
mended met with the hearty approval and warm com-
mendation of the regularly appointed surgeons, with
whom, in a later stage of the epidemic, he was asso-
ciated. Many here who have experienced his kind and
judicious treatment, can never repay him the debt of
obligation they owe him. We do, therefore, in consid-
eration of the invaluable services rendered by him dur-
ing this calamitous and fatal epidemic, earnestly rec-
ommend him to the well-merited clemency of the Gov-
ernment, and solicit his immediate release from here,
and restoration to liberty and the bosom of his family.
284 THE LIFE OP DR. SAMCFEL A. MTIDD
The original of this petition, it appears,
never came into the hands of President John-
son, although mailed to him.
Fort Jefferson, Florida, October 26, 1867.
My dearest Frank :
Mail came day before yesterday, and will leave to-
day. I received yours of October 7, complaining of the
non-reception of my letters, when I have let no oppor-
tunity escape without writing. I used to feel pleasure
when writing to you, but now I am feeling an indis-
position and want of motive to actuate me to anything,
since I know or feel that improp'er surveillance is ex-
ercised without my knowledge.
I wrote to you a few days ago and sent a copy of a
petition gotten up by the soldiers for my release. I
have not as yet, for reasons best known to myself, pre-
sented the instrument to the officers of the Post. The
whole garrison have an unbounded confidence in my
opinion, and prefer me to the regularly appointed
physicians. There seems an idea among some, how-
ever, that by signing the instrument they might detract
from the knowledge and intelligence of my associates
in medicine, and thereby cause displeasure.
Dr. Thomas, whom I mentioned as being sick with
the fever in my last, is still confined to his room,
though in a fair way to recover. One fresh case has
been admitted to the hospital since last writing. There
are now three cases under active treatment, one of
whom had the black vomit yesterday, and will most
likely die, though his countenance and other symptoms
present no such indication.
Your letters up to the present fail to give me the
least satisfaction in regard to what is contemplated.
Such letters serve only to keep me here longer, for I
might devise some measure myself, but fear to act lest
THE LIFE OP DR. SAMUEL A. MUDD 285
I might frustrate the actions of my friends. I want
the whole truth and nothing but the truth, or not a
word on the subject, because it seems only to aggravate
me. I sometimes feel like swearing out against ever
writing again on account of not getting proper answers
to my letters, or answers to the questions I ask.
You said in your letter you have had a large number
of masses and prayers said for me. Perhaps they have
served to keep me alive and in suffering. I think if
my stay is to be much longer, you better direct their
attention to my speedy and happy death. I have lost
all hope in prayer so far as the accomplishment of any
worldly good. The good seem only to suffer in this
world as a general rule. I must count myself out of
this category, but my endeavors are to conform as near
as I can to every injunction of the Christian. My
health continues good, though weak and emaciated
from my recent sickness. I am still performing all the
duties of post physician.
I am sorry I have nothing new to impart ; the same
desolation, isolation and monotony prevail. Remem-
ber me to all.
Your fond and devoted husband,
SamueIv Mudd.
October 27, 1867.
Boat detained on account of night wind.
Since writing the above, I have had an interview
with the commanding officer, who informed me he had
already made mention of my services to the Depart-
ment at Washington. He has also the original docu-
ment gotten up by the soldiers with all their signatures.
I don't know what action will be taken in regard to it.
He is evidently favorable and will do all he can, con-
sistent with his position, toward my release.
286 THE LIFE OF DR. SAIMTJEL A. MUDD
In this connection I give a short extract
taken from my father's notes on yellow fever:
I will now, as near as I can, by a pen description,
give you an idea of the embarrassment I labored under
upon assuming the duties as surgeon of the post, that
were unexpectedly thrust upon me, and the track fol-
lowed by the germs or poison, as evidenced by the ap-
pearance of disease.
Thus on the 4th of September, seventeen days after
the epidemic of yellow fever had broken out, the sur-
geon. Dr. J. Sim Smith, a gentleman much respected
and beloved by the garrison, was himself attacked with
the fever, and by his illness, the Post was left without
a physician in the midst of a fearful pestilence. The
thought had never before entered my mind that this
contingency might arise, and consequently I found my-
self unprepared to decide between the contending emo-
tions of fear and duty that now pressed to gain as-
cendency. Memory was still alive, for it seemed as
yesterday, the dread ordeal through which I had
passed. Tried by a court not ordained by the laws of
the land, confronted by suborned and most barefaced
perjured testimony, deprived of liberty, banished from
home, family and friends, bound in chains as the brute
and forced at the point of the bayonet to do the most
menial service, and withal denied for a time every
luxury, and even healthy subsistence, for having exer-
cised a simple act of common humanity in setting the
leg of a man for whose insane act I had no sympathy,
but which was in the line of my professional calling.
It was but natural that resentment and fear should
rankle in my heart, and that I should stop to discuss
mentally the contending emotions that now rested upon
a horrid recollection of the past. Can I be a passive
beholder? Shall I withhold the little service I might
THE LIFE OF DR. SAMUEL A. MUDD 287
be capable of rendering the unfortunate soldier who
was but a tool in the hands of his exacting officer ? Or
shall I again subject myself to renewed imputations of
assassination? Who can read the motives of men?
My motive might be ever so pure and praiseworthy,
yet one victim of the disease might be sufficient to start
up the cry of poison and murder.
Whilst these disagreeable thoughts were revolving,
a fellow-prisoner remarked, saying : "Doctor, the yel-
low fever is the fairest and squarest thing that I have
seen the past four or five years. It makes no distinc-
tion in regard to rank, color, or previous condition —
every man has his chance, and I would advise you as a
friend not to interfere." Another said it was only a
little Southern opposition to reconstruction, and
thought the matter ought to be reported to Congress in
order that a law might be passed lowering the tempera-
ture below zero, which would most effectually put an
end to its disloyalty.
But I must be more serious ; and you will perceive
that the time had now arrived in which I could occupy
no middle ground. I felt that I had to make a decision,
and although the rule of conduct upon which I had de-
termined was not in accord with my natural feelings,
yet I had the sanction of my professional and religious
teachings and the consciousness of conforming to that
holy precept, "Do ye good for evil," which alone dis-
tinguishes the man from the brute.
It being our breakfast hour on the morning of the
5th, and thinking it required some condescension on
the part of the commanding officer to call upon an
humble prisoner to serve in the honorable position of
surgeon of the post, I concluded to spare him this dis-
agreeable duty, and instructed Mr. Arnold, a fellow-
prisoner and roommate, who was acting clerk at head-
quarters, to inform Major Stone, then commanding,
288 THE JjJFE OP DR. SAMTDEL A. MTJDD
that should my services be required, I had no fear of,
nor objection to, performing whatever aid was in my
power toward the rehef of the sick. On approaching-
headquarters, Mr. Arnold met Major Stone coming to
my quarters to inquire whether I would consent to at-
tend the sick of the Post until the arrival of a regular
surgeon.
When informed that I had offered my services, the
Major seemed much pleased and had me forthwith de-
tailed. Fortune favored me, and it so happened that
during the intervals, amounting to nearly three weeks,
that I had the exclusive care of the sick, not one died.
Time will not permit me further digression. I shall
pass over many incidents of interest connected with
hospital management, difificulties I had to overcome in
breaking up the prior arrangement of sending away the
sick in open boats over a rough sea two miles and a
half distant, and also in obtaining an opposite order
from the commander to send to one of the islands near
by as many of the well soldiers as could be spared from
the garrison. This latter measure, though I had ad-
vised it on the day I took charge of the hospital, was
not carried out until the arrival of Dr. D. W. White-
hurst of Key West, Florida; a noble, kind-hearted
gentleman, who superseded me on the 9th of Septem-
ber.
The first case of yellow fever at the Dry Tortugas,
in the epidemic of which I now speak, occurred on the
1 8th of August, 1867, in Company K, which was lo-
cated in the casemates on the south side of the Fort im-
mediately over the unfinished moat, which at low tide
gave rise to quite offensive odors. To this circumstance
the surgeon of the Post attributed the cause of the
disease, and at his request the company was removed
and the port holes ordered to be closed, to prevent the
supposed deadly miasma from entering the Fort.
THE LIFE OF DR. SAMUEL A. MUDD 289
Having the honor at this time of being a member of
the carpenter's shop, it fell to my lot to aid in the
work of barricading against the unseen foe, and it was
during this patriotic service the 22d of August, that
I made my first note of the epidemic. The places occu-
pied by the beds of the four men, one on the i8th, one
on the 20th, and two on the 21st, that had gone to the
hospital sick with yellow fever, were all contiguous.
The Fort was hexagonal in shape with a bastion at each
corner, and the company, after its removal, was placed
on the east side, the bastion forming the center with
several casemates above and below boarded up separat-
ing it from Company L, on the north and the prisoners
on the south, and in the most eligible position for the
spread of the poison, owing to the prevalence of the
wind, which from early in April up to this period had
blown continuously from the southeast, varying only
a few degrees.
There was a lull or temporary suspension of the
activity of the poison on the 22d and 23d. For two
days the company remained without any new cases,
but on the 24th day one man was taken from the same
company on stretchers, being unable to walk. The
fever then rapidly extended right and left until it
reached Company L, which was nearest the point where
it arose this second time, and later the prisoners' quar-
ters, which were more remote, were attacked. To
show and to prove to you that the germs, or cause,
spreads by continuity of matter, and not with the dis-
ease, the first two cases that occurred in Company L,
and the first two cases among the prisoners, were im-
mediately next the boarded partition that separated
them from Company K, where the fever was raging,
having followed along the rows of beds, up to thig line
19
290 THE LIFE OF DR. SAMUEL A. MTJDD
of division, and then passed through the open spaces
between the plank, which were loosely nailed.
There were at this time two hospitals, the Post Hos-
pital within the Fort, and Sand Key Hospital on an
adjacent island about two miles and a half distant,
which latter was fitted up as soon as the fever began to
assume an epidemical form. The sick that occurred
during the night and following day were immediately
taken to the Post Hospital, and from thence at 4
o'clock p. M. they were carried in boats by the surgeon,
on his accustomed visit, to Sandy Key Hospital. Not-
withstanding the fact that most of the sick walked from
their beds to the Post Hospital, and no effort or pains
on the part of the surgeon to isolate the disease were
taken, owing to the belief in its miasmatic character,
the germs or cause had not up to this time, September
12, viz : 25 days, reached either of the hospitals, if
we may judge from the circumstance that not one of
the many nurses, who waited upon the sick day and
night and even slept in the same room, were stricken
down with the fever.
The disease after extending into Company L, and to
the prisoners' quarters, next made its appearance into
Company I, located in the inner barracks, a building
about three hundred feet long, thirty feet wide, and
four stories high on the east side, running north and
parallel with the Fort, and immediately in front of
Company K and Company I, and distant about sixty
feet.
I was called into this company on the morning of
September 8, and found Sergeant Sheridan and a pri-
vate that slept in the next bed ill with the fever. Ser-
geant Sheridan and the first sergeant of Company K
were great friends, and when off duty were constantly
in each other's quarters. Sheridan generally wore a
THE LIFE OF DR. SAMUEL A. MUDD 291
heavy cloak during the showers of rain that were fre-
quent at this period, and I feel satisfied that the poison
was carried by the ferment set up in the cloak, or me-
chanically, by adhering formites, though it is possible
for it to have been wafted across from Company K,
the two beds in Company I being near the window
facing that company. Then the fever gradually worked
its way along through the whole company without a
skip in regular succession as they slept.
At the northern extremity of the barracks two rooms
were set apart, thirty feet square, as the Post Hospital.
On the 7th we were necessitated by the increasing num-
ber of sick to provide other hospital quarters, and for
convenience four casemates opposite on the ground
tier, under Company L, were boarded up as a tempo-
rary hospital, with our kitchen and dispensary inter-
mediate. On the 8th our hospital supply of beds and
bedding gave out, and on the 9th we were compelled
to bring the bed along with the patient into the hospital.
Two days after the admission of the infected beds, our
nurses began falling sick, three being attacked during
the day and night of the nth of September. Then the
three laundresses, families who did the washing for the
hospitals and separate quarters on the west side of the
Fort, sixty or seventy yards apart, were all simultane-
ously attacked upon the first issue of soiled clothing
after our hospital became infected.
Then again, upon the breaking up of the Sand Key
Hospital, and the return of the nurses to the Fort, they
were all speedily stricken down with the fever upon
their being placed on similar duty. These nurses had
remained free from all disease up to their return to the
Fort, although the majority of the cases whom they
nursed at Sand Key died with the fever.
But the most remarkable spread of the disease oc-
292 THE LIFE OF DR. SAMUEL A. MUDD
curred on the night of the i6th of September in Com-
pany M, which was quartered in the casemates imme-
diately above the hospital and Company L, and not-
withstanding the proximity up to this date, twenty-nine
days since the epidemic began, had remained entirely
exempt from the fever, owing no doubt to the fact that
it laid behind the bastion, which, with the prevailing
southeast wind, produced a downward or opposing cur-
rent. However, on the morning of the above date,
about nine o'clock, a small rain cloud, common to that
locality, arose to the south of the fort, which came up
rapidly with a heavy wind, lasting about twenty
minutes, and which blew directly from the hospital, and
Company L, toward Company M, and the night fol-
lowing every man went to bed in his usual health, yet
between eleven and one o'clock nearly one-half of the
company, or thirty men, were attacked with the most
malignant form of the disease — -beginning at the point
nearest the hospitals and extending thirty beds without
missing or skipping a single occupant.
It had been my custom to remain at the hospitals
every night until eleven o'clock to see that every patient
received the medicine prescribed and was quiet. On
this occasion I had not retired more than fifteen minutes
before I was sent for by the sergeant of Company M
to come to his quarters, that several of his men were
sick. Feeling much fatigued, I did not attend the sum-
mons, but referred the messenger to Dr. Whitehurst
and the steward of the hospital. At one o'clock the
sergeant himself came down to my room and begged
me for God's sake to get up, that one-half of his com-
pany were attacked with the fever, and that he did not
know what to do with them, as the hospitals were al-
ready full. I went along with the sergeant, and found
THE LIFE OF DR. SAMUEL A. MUDD 293
his statement fully correct, and the wildest alarm and
confusion prevailing.
As the hospitals were already crowded, we con-
cluded, for convenience, to enclose the six casemates
nearest the regular hospitals, which was speedily exe-
cuted with canvas, and in less than two hours all moved
back and were quiet under comfortable treatment. The
next night or two after, the balance of the company, in
the order of their beds, were attacked with the disease
without an exception.
The disease did not extend among the officers at
headquarters until it had at first reached the negro
prisoners, several of whom were employed by the offi-
cers as servants, and who were in the daily habit of car-
rying to and fro their blankets. The humble individual
who now addresses you was not attacked until the 4th
of October, forty-seven days after the beginning of the
epidemic, though constantly at the bedside of the sick,
and in the midst of the infected hospitals and quarters.
One evening, at our usual supper hour, feeling much
depressed and exhausted from the unaccustomed duties
I went over to my mess, where I was besieged with
many questions concerning the sick, and notwithstand-
ing the solemnity of the occasion, a hearty laugh was
frequently indulged at the expense of our ready wit,
Edward Spangler.
The debilitating effects of the climate, added to the
condition consequent upon the excitement, very much
depressed me, and after finishing my bowl of coffee
and slice of bread, I fell upon my rude cot to spend a
few minutes of repose. The customary sea breeze at
this hour had sprung up, and I was shortly lulled into
sweet sleep. My faithful and ever solicitous roommate,
Edward Spangler, who on former occasions had mani-
fested so much concern when the least indisposition
294 THE lilFE OF DB. SAMUEL A. MUDD
was complained of, seemed to anticipate my every
want, was not unguarded at this time. As soon as he
found me quiet, he closed the door and turned back
several intruders, stating that the Doctor was feeling
unwell, and had laid down to rest himself. In the
course of an hour, he said, he will be through his nap,
when he will return to the hospital, where all who de-
sire can see him. Spangler made money by trafficking
with the soldiers, and we are mainly indebted to him
for something extra to the crude, unwholesome, and
sometimes condemned Government ration that was
issued to us. He was not generally select in his epi-
thets toward those whom he disliked, yet if he saw
them in suffering, it excited the liveliest sympathy,
and he would do anything that laid in his power for
their relief. At a later period he, in conjunction with
Mr. Arnold, watched over me in my illness as atten-
tively as if their own brother, and I owe my life to the
unremitting care which they bestowed. The reader, I
am in hopes, will excuse this little degression from the
subject — a tribute of thanks is due, and I know no
more fitting place to give it expression. I may perhaps
be doing injustice by omitting another name equally
deserving of my esteem, Michael O'Loughlin. He,
unfortunate young man, away from his family and
friends, by whom he was most tenderly loved, fell a
victim to the pestilence in spite of every effort on our
part to save him. He had passed the first stage of the
disease and was apparently convalescent, but, contrary
to my earnest advice, he got out of bed a short time
after I left in the morning, and was walking about the
room looking over some periodicals the greater part of
the day. In the evening, about five o'clock, a sudden
collapse of the vital powers took place, which in thirty-
six hours after terminated his life. He seemed all at
THE LIFE OF DR. SAMUEL A. MUDD 295
once conscious of his impending fate, and the first
warning I had of his condition was his exclamation,
"Doctor, Doctor, you must tell my mother all!" He
called then Edward Spangler, who was present, and
extending his hand he said, "Good-by, Ned." These
were his last words of consciousness. He fell back
instantly into a profound stupor and for several
minutes seemed lifeless; but by gently changing his
position from side to side, and the use of stimulating
and cold applications, we succeeded in restoring him to
partial strength and recollection. I never met with
one more kind and forbearing, possessing a warm
friendly disposition and a fine comprehensive intellect.
I enjoyed greater ease in conversational intercourse
with him than any of my prison associates. He was
taken sick whilst my kind friend. Dr. D. W. White-
hurst of Key West, Florida, had charge of the Post;
from him he received prompt medical attention from
the beginning of his illness to his death.
The news had spread around through the garrison of
the neat and comfortable appearance of the hospital
and the improved condition of the sick, which had the
effect to gain for me a reputation, and the confidence
of the soldiers — all I could desire to insure success. It
was not long before I discovered I could do more with
nine cases out of ten by a few consoling and inspiring
words, than with all the medicine known to me in the
materia medica.
CHAPTER XVII
PRISON tlFS IN 1867, CONTINUED — THE SCOURGi; OF
YEIyIyOW fever BEING ENDED, MY FATHER IS AGAIN
PUT IN CHAINS.
Fort Jefiferson, Florida, December 6, 1867.
My dear Frank :
I wrote to you on the 24th and mailed the same on
the 29th. I wrote to you and Jere on the 4th of De-
cember and addressed the letter to Jere, and requested
him to forward to you as soon as read. I did this in
order "to kill two birds with one stone" ; that is, I
wished to acquaint both with what has transpired here,
and desire advice in relation.
I mentioned in those letters the arrival of a gentle-
man here sent by the Butler Congressional Committee
to obtain statements in regard to the assassination. I
gave him a declaration under oath, which in substance
amounted to the fact that I did not know anything
about the matter, or parties concerned, previous to the
assassination. I sent you a copy in the letter addressed
to Jere. If you think it worth the trouble, you can
inquire from knowing ones whether I ought to make a
statement of any kind in my present condition. I have
doubts about the matter, and concluded that it was
better to seek information from those who are better
informed, before so doing.
When you write inform me plainly what is the
opinion of the public in regard to the course I should
pursue. Congress, in my opinion, has acknowledged
the illegality of our imprisonment and trial by asking
and receiving an oath from us. Mention this idea to
THE LIFE OP DR. SAMUEIi A. MUDD 297
counsel and to members of Congress who may be fa-
vorably disposed. He informed me that he did not
wish his visit here known to the public, lest it might
frustrate the purpose which the committee have in
view. I shall leave the matter entirely to your own
good judgment. Owing to my not making such a
statement as he required, he or some one will be sent
again in a short time ; therefore, I wish you to acquaint
me at the earliest opportunity, so I may be prepared.
I have no news. Arnold has been quite sick with
the dysentery. He is now out of danger, but very
thin and weak. He was sick when he gave his state-
ment, and the labor and excitement aggravated the
symptoms. He and Spangler made full and detailed
statements, which in my opinion does not shed much
light upon the subject of the assassination; nothing
more than was known and acknowledged on our trial.
They seem to regret having given statements, but I can
see no objection other than an impropriety.
My health continues very good, and I have increased
several pounds in weight the past two or three weeks.
I am now taking things as easy as possible, after find-
ing all my endeavors fruitless and your promises of
an early release mere speculation. You must not un-
derstand from this that I cease to regard you and all
as formerly, but having been satisfied that I have been
laboring under a delusion, I have concluded to act on
the principle, that what can't be helped it is useless to
grieve about.
A few nights ago, I dreamed I was with Tommy
and Sammy. The emotion which it produced soon
broke my slumber, and away fled all my happiness;
such has been and continues to be my life, until I
almost fear to hope. Try for the future, my good
Frank, not to unsettle my mind with mere speculations,
298 THE LIFE OF DR. SAMUEL A. MXIDD
but tell me frankly and plainly the whole truth. Let
me know all the correct news, and if anything new has
developed in regard to the assassination.
Your devoted husband,
Sam.
Fort Jefferson, Florida, December 7, 1867.
My dearest Frank :
I received your last, dated November 7, which gave
me much comfort. God grant your anticipation may
prove correct. Judging from the tone of the papers,
I fear there will be great difficulty to contend against.
Our country seems now not to be governed by the Con-
stitution, or by law, but by unbridled popular or public
opinion, of which I have no doubt many others, as in
my case, have been made victims.
I am very well, but yet in chains, with four others,
under guard ; and our duty now is to wash down the
bastions of the Fort every day. I have gotten used to
my present life, and do not feel much incommoded.
God grant that I may soon be in the fond embrace of
you and our dear little ones. Good-by.
Sam.
Fort Jefferson, Florida, December — , 1867.
Major G. B. Andrews :
I learn through my wife, by yesterday's mail, that
the petition gotten up by the soldiers, with a view to my
release, because of services rendered during the recent
visitation of fever at this post, has not been received
in Washington.
She was made acquainted with the fact through the
Honorable Montgomery Blair, who stands high in the
confidence of the present Administration. Mr. Blair
informed her that such an instrument would have great
THE MFB OP DR. SAMUEL A. MUDD 299
weight in influencing a favorable action of the Presi-
dent.
Major, I can claim no exception to the general rule
of nature. The drowning man catches at straws, the
oppressed and exiled seek liberty, reunion, repose, etc.
Were I in other circumstances, modesty would com-
pel me to refrain from the least notoriety, but in my
present situation, not only my personal ease and com-
fort, but the anguish and distress of a wife and four
helpless little children, cause me to throw off this
humility, and solicit your kind office in my behalf.
I refer you to the hospital report to draw conclu-
sions as to the services rendered. "With the exception
of the first one or two cases (who died here) all were
carried to Sand Key Hospital, over a hundred per cent,
of whom died.
Upon the sickness and death of Doctor Smith, our
lamented surgeon, I was placed in charge of the hos-
pital by Major Stone, who vested me with discretionary
power in all that pertains to the duties of a physician.
Immediately I discontinued the Sand Key Hospital, I
used blankets instead of sheets, and had the windows
,of the hospital differently arranged.
There were in the hospital at the time some fifteen or
twenty cases under active treatment, many of whom
were delirious, and burning with the most intense
fever. In less than six hours after, under my man-
agement, all were free from delirium, and perspiring
freely, and seemed comfortable. All of these recov-
ered. One afterward was taken with relapse and died.
I considered all but one out of danger. This latter
recovered sufficiently to walk about, but owing to negli-
gence of the nurses, he was suffered to go out without
my knowledge, in consequence of which he was taken
with relapse and died. I refer you to Colonel Hamil-
300 THE IiIFE OP DR. SAMUEIj A. MUDD
ton, who was here at the time, and to the non-com-
missioned officers of the companies. In proof of what
I state, I was strenuously opposed by Major Stone in
breaking up the Sand Key Hospital. Perhaps Colonel
Hamilton is cognizant of the matter. I succeeded
finally with Major Stone by telling him that if he left
the disposition of the sick to my judgment, I would
faithfully consult the greatest good to the greatest
number, to which he consented.
Dr. SamuEi, a. Mudd.
The above letter, written by my father to
the Commandant of Fort Jefferson, was not re-
pHed to. My father fully beheved that Major
Andrews destroyed the petition referred to.
Key West, December 13, 1867.
Dr. S. A. Mudd,
Fort Jefferson.
Dear Sir : You will oblige me by replying to the fol-
lowing questions :
I St. At what time did you enter duty during the
last epidemic at Fort Jefferson? Did you attend Dr.
Smith and Mrs. Smith, and what others previous to
my arrival?
2d. What was the first case, and what time, whether
from Havana, Key West, or regular at the Fort, and
any other views which you may have bearing upon the
origin, sanitary condition of the Fort, etc. ?
The Surgeon-General desires a report upon the sub-
ject, and I desire and wish to do you every justice
for the patient and noble conduct evinced by you dur-
ing my stay at Fort Jefferson.
I would have written you at an early date, but my
THE LIFE OF DR. SAMIIElj A. MUDD 301
time has been much occupied, which I hope you will
accept as my apology.
Very truly your friend,
D. W. Whitehurst.
Port Jefferson, Florida, December 15, 1867.
Dear Doctor Whitehurst :
I received yours of the 13th asking a response to
certain questions pertaining to the recent visitation of
yellow fever at this Post. The boat leaving in a short
time after, I had not time to write by the outgoing
mail. Between now and the outgoing mail will permit
me only to answer briefly your queries, viz :
1st. I was detailed on duty in the hospital, Septem-
ber 6. Dr. Smith was attacked suddenly the evening
of the 5th. I saw him on the morning of the 7th. He
was then delirious and unmanageable. He died on the
morning of the 8th. Not having kept a record, have
to refer you to the hospital report from the 6th of Sep-
tember to the 8th, when relieved by yourself.
2d. I am sorry to state my inability to determine
positively the first case, or the manner of its inception.
The first case of true yellow fever reported occurred
on the 1 8th, and died the 22d of August. He belonged
to Company K, and was taken sick in the quarters of
his company, which were in the casemates on the south-
west side of the Fort. Some two or three others, be-
longing to .the same company, soon after were taken
with the disease, which caused the surgeon of the Fort
to believe that it arose from some local cause. He,
therefore, removed the company on the eastern side of
the Fort, immediately next Company L, and in front of
Company I. After this change, several fresh cases
took place, and the disease spread to the adjacent com-
panies and prisoners. Company M was located on the
302 THE LIFE OF DR. SAMUEL A. MUDD
south side of the Fort and adjoining Company L, and
several days intervened before any cases occurred in
that company. Most of the cases came in at night. I
am of the opinion had Company K been removed im-
mediately to one of the adjacent keys instead of the east
side of the Fort, it would have prevented the spread
of the disease. The poison being confined to that com-
pany, the winds being continually easterly, favored the
propagation instead of cutting short the fatal malady.
So far as I am capable of judging, the first case
originated here, but the poison may have been im-
ported. Removal of the company not having checked
the infection, on the contrary increasing, showed that
they carried the poison with them. Captain Crabb is
of the opinion he had the disease on his arrival here
from Havana the last of July or first of August. Again
about the middle of August the schooner Matchless
from Tampa landed with two sick men aboard. I can't
state whether it was before or after the i8th instant,
or whether they had yellow fever. The two men were
carried to the hospital.
In regard to the pathology of the disease as it ex-
isted here, although it answered minutely to the de-
scription given by learned men, I will now proceed to
answer your kind note, viz : I was placed in charge of
the hospital two or three days before your arrival (not
having kept a record, I can't state the time with cer-
tainty). There were in the hospital at that time fif-
een or twenty cases requiring active treatment. I
attended these in hospital, and Dr. Smith and Mrs.
Smith and Lieutenant Roemer until relieved by you.
Dr. Smith was delirious and unmanageable from the
beginning. I could by no means induce him to take
medicine. Very truly yours.
Dr. Samuei. a. Mudd.
CHAPTER XVIII
PRISON UE'E IN 1868 — THE WITHHOUDING OF BOOTh's
DIARY SURRATT'S release
Fort Jefferson, Florida, January 15, 1868.
My darling Frank :
We have received papers as late as January 7, but
fail to see any indication of my speedy release.
I read a recent message of the President defending
his course in turning out Stanton, and was astonished.
He goes back to the period when he assumed the func-
tions of a President, and omitted to charge the culprit
or delinquent with wilfully withholding the diary of
Booth. This seems more criminal than withholding
the dispatch from New Orleans. His silence upon this
point leads me to suspicion that he had a knowledge of
all that was going on, and lent his approval to the
cruel and barbarous wrong. It was a point which he
should not have omitted to speak about, since every
effort has been made to identify him with the horrible
deed. Those who have done us a knowing wrong are
the slowest to repair the injury or make suitable satis-
faction ; therefore, I look with no degree of confidence
to those who hold the ship of state to redress the
grievances under which we suffer.
I wrote to Mr. Stone some time ago, but have not
received an answer. I have heard no report from the
Butler Committee. When you write let me hear all
that is going on, and what this committee will do with
the statements they received from us. Would that it
were in my power to promise you when I would be at
home, definitely, it yet being in the unknown future. I
304 T:HE life of dr. SAJIUEI; a. mudd
fear to contemplate with any degree of happiness the
time when we shall be again united in second bonds
of wedlock, lest I should be visited by disappointment.
Be assured, however, that time has produced no change
in the affection which I have always manifested toward
you and the children. Hoping to hear from you every
opportunity, I am, darling Frank,
Your devoted husband,
Sam.
Fort Jefferson, Florida, March 22, 1868.
My dearest Frank :
I received yours of the 26th of February and March
7 yesterday. I was much pained to hear of the acci-
dent to McColgan Mudd, and the sickness of our dear
little children and servants. I can well imagine the
distress, the loneliness of your situation, and the many
difficulties you have to contend with. It is this appre-
ciation of your many privations, helplessness, and in-
security that cause my principal suffering — ^mental
anxiety.
I wrote to you on February 28 and March 13. I
wrote to Jere on the 4th, and sent him some letters
which perhaps he might use to my advantage. Faith
and opinions are formed from known facts or certain
evidences of the mind, and whichever way our honest
convictions are led — be they good or evil — other vir-
tues or vices will grow out of them. For example, if
we are conscious of some meritorious act performed by
a fellow-creature, our sense of love, honor, and esteem
is immediately aroused ; on the contrary, if insincerity,
gross deception, etc., be practiced, sentiments of anger,
hatred, and revenge arise. We are not always cor-
rectly informed, or we may draw erroneous conclu-
sions; in either case it is the same. The surest pre-
ventative is to gua,rd ourselves against such possibili-
THE LIFE OF DR. SAMXJEIi A. MUDD 305
ties of misrepresentation. Take my advice, never in-
cur a debt of gratitude — they are the hardest to pay.
To avoid w^hich, accept neither presents nor favors.
If you have debts or bills to collect, after due notice,
give them to a constable; the parties, knowing your
situation, will not be offended.
Andrew ought by this time to be of some assistance
to you. The innocent are not more exempt from a bad
name and its consequences that the guilty. The most
virtuous in the community are liable at any moment to
be slandered, and they may go down to their graves
with reproach. This is my experience and observation.
Try and profit by it.
With a change of commander, new regulations are
in force, among them : all letters written and received
are to be examined. The two last were handed to me
open. I am restrained, in consequence of this, from
saying many things that I wish to say. My health con-
tinues as good as usual.
With fondest love for you and our dear little chil-
dren, I am. Yours,
Sam.
Fort Jefferson, Florida, April 3, 1868.
My darling Frank :
I received yours of March 16 with Fannie's enclosed.
Owing to the censorship that now prevails, I can't
reply.
My health continues good. The weather is quite
pleasant in the shade. There are a great quantity of
ripe tomatoes, peas, beans and "collards" in the garden,
now suitable for table use. The corn is in silk, and
soon there will be roasting ears. This does not con-
trast with the season with you. In the interior of the
State it must be delightful.
I am in hopes Andrew's sickness will not assume
20
306 THE LIFE OF DR. SAMUEL A. MTJDD
anything grave. I am growing more impatient daily
to see you all. I have been thinking for a long time
that the difficulties existing between the President and
Congress are more pretended than real. In other
words^a mutual understanding that such filibustering
is to prevent a too sudden reaction, and perhaps dis-
closures deemed prejudicial to the welfare of the coun-
try at this time.
Remember me to dear Pa, and tell him my not writ-
ing is through no fault of mine. Thank him and all
the family for the parental and brotherly sympathy and
affection, and for the interest they have so kindly and
generously manifested.
Hoping, dearest Frank, our unhappy separation will
soon end, and with it nothing to prevent the happiness
we anticipate, I am, as ever.
Your devoted husband,
Sam.
Fort Jefferson, Florida, April 14, 1868.
My precious Frank :
We have received papers up to the 31st of March.
The impeachment seems only a farce. The part which
each is to perform is likely well understood. In the
New York Herald of March 2 1 you will see a favorable
allusion to myself in a letter dated from Fernandina,
Florida. I have seen the party who wrote it on two
occasions here, but had very little to say to him, not
knowing his disposition toward me.
I received at the same time a short letter, notifying
me of this correspondence, to which I replied in a short
note, and gave a few views of mine in relation to the
recent visit of the yellow fever. He will likely publish
the same ; if so, it may cause some surprise among the
medical fraternities, as I differ widely from most of the
authors as to many of its most essential characteristics.
THE LIFE OF DR. SAMUEL A. MUDD 307
I make a distinction between the poison and the dis-
ease, the one being contagious, the other being harm-
less. This will revolutionize the system of quarantine
should my views be adopted. I can bring undoubted
facts in proof of the conclusions I have arrived at.
We have heard nothing from Grenfel since he
escaped on the 6th of last month. All hands may have
perished, it being quite stormy at the time.
If you do not receive letters as often now as
formerly you must not complain, as the rule which pre-
vails now is far more rigid than heretofore. I have
written whenever it was in my power, and shall so
continue. I think those to whom you showed my
last letters misunderstood my meaning. I asked the
question. What has been done? I could never see or
hear that the President was ever approached on the
subject, consequently concluded nothing had been done.
I should have said nothing had been accomplished.
Afifectionately,
Sam.
Fort Jefferson, Florida, May^ii, 1868.
My precious Frank:
Ere this reaches you the impeachment trial will have
ended. I wonder what will next turn up to serve as
an excuse on the part of my friends for not taking
action in my behalf. With the change of commanders
things have not resulted to our advantage. Since
Major Andrews left there have been two commanders ;
each efifected changes which have finally deprived us
of even former privileges, and increased our degrada-
tion. The only privilege I possess now is the license
to write to you, without knowing whether my letters
leave the Post.
Your letters are read by Provost Marshal, then
given to a corporal to be handed to us. He can in turn
308 THE lilFE OP DB. SAMUEL A. MTIDD
read them to the garrison if disposed before giving
them into our possession. The post-office at this place
is broken up. The mihtary' have everything in their
hands. Our mail is brought from Key West.
Your devoted husband,
Sam.
Fort Jefferson, Florida, May 30, 1868.
My precious Frank :
I have delayed writing several days. I have made
Up my mind to pass no more letters through the Pro-
vost Marshal's hands. From his manner toward us
he has considerable prejudice. Such men I have met
with before, being vengeful and unscrupulous; if
therefore my letters don't come to hand as often as
formerly, know that there is some good reason. He
is expecting a furlough to go North by the next mail
boat ; should the furlough arrive we will have a respite.
We have seven more citizen prisoners from Alabama.
Their offense hardly amounted to a breach of the peace.
Their terms are one and two years. General Hill will,
I learn, take command of this Post again in a few days.
He is expected on the next boat. We suffered worse
treatment under his command than any time previous
or since; therefore, can't look with satisfaction to his
coming.
I can't see the good reason for my friends holding
back on account of the election. Mr. Johnson is a war
Democrat, "or was in favor of coercion. We were
opposed to it. I am of the opinion, though, that he is
already pledged to the support of the Republicans.
The impeachment will end as it was intended. There
can now be nothing reasonable to prevent bringing the
question of my unjust imprisonment fairly and
squarely before his Excellency, and learn his pleasure.
THE LIFE OF BR. SAMUEL A. MUDD 309
I don't see that anything can be lost, and we can have
the gratification of knowing his mind.
Affectionately,
Sam.
The impeachment trial of Andrew Johnson,
President of the United States, referred to by
my father, took place in 1868, before the
United States Senate, Chief Justice Chase pre-
siding. Eleven articles were exhibited by the
House of Representatives, charging the Presi-
dent with divers high crimes and misde-
meanors. Thirty-five Senators pronounced
him guilty; nineteen pronounced him not
guilty. Two-thirds of the Senators not having
pronounced him guilty. Chief Justice Chase
proclaimed that the President of the United
States stood acquitted upon the articles of im-
peachment.
Fort Jefferson, Florida, May 30, 1868.
My dearest Frank :
No doubt your mind has been subject to many con-
jectures owing to my long silence. To be candid, I
have become disgusted and embittered because of the
rule that now governs this Post. We have now acting
as Provost Marshal an inquisitive and officious Yankee,
from away down in Maine. He is one of those offi-
cious individuals fond of ruling, considering himself
one of the elect, and adds daily new rules for the gov-
ernment of the prisoners, which tend to be more des-
potic than the laws of the ancient barbarians. All
letters are carefully perused by him, not as a duty of
his office, but because of his prying spirit and disposi-
tion to meddle with matters that do not pertain to his
310 THE LIFE OF DR. SAMUEL A. MXTDD
office. I have therefore concluded never to pass
another letter through his hands. I correspond with
you only, and I would sooner forego this satisfaction
than again permit him to pry into another letter, to
gratify his mischievous curiosity.
Surratt's trial it appears is again put off. This will
continue to be done until he is released. The menda-
cious scoundrels who trumped up such a mighty con-
spiracy against him and us are too cowardly to
acknowledge their error, and are seeking to screen
themselves from responsibility and odium by availing
themselves of delay, which unfortunately the law per-
mits. I would like to know positively whether any
action is contemplated in my case between now and the
fall election. I am growing daily more bitter against
tyranny and oppression. Life often feels a burden to
me, but for the sake of you and the family I am re-
strained. Your devoted husband,
Sam.
Fort Jefferson, Florida, June ii, 1868.
My darling Frank :
We are in the midst of another warm and distressing
summer. The atmosphere around the Fort, owing to
the filthy condition of the moat outside, is terribly
offensive at times and bids fair to breed another pesti-
lence. This letter goes out by one of the seven mai
recently sent here from Alabama. They have been
released, and leave to-day for their homes.
General Hill has assumed command of the Fort
again. I have made up my mind that I will not pass
another letter through the Provost Marshal's hands, so
if you should not receive letters so often be not disap-
pointed. The impeachment is over. What is to pre-
vent action in my case? Try and give me some idea.
Your husband,
Sam.
THE LIFE OP DR. SAMUEL A. MUDD 311
Fort Jefferson, Florida, June i6, 1868.
My precious Frank :
I wrote to you last on the nth. The Provost
Marshal will leave on the next steamer from this place
on a furlough. When he is gone I am in hopes I will
be able to write you more regularly. The weather is
growing quite warm and unpleasant. The engineers
are digging out the breakwater, which gives rise at
times to a most intolerable stench, often so offensive
as to prevent sleep and our remaining in our quarters
with any degree of comfort.
I wish when you write you would let me know what
is the intention of those who have my case in charge.
Congress is still in session; they may frame this as
an excuse for non-action. Then the election takes
place in November — this may be another excuse, and
so on ; but on my account I am in hopes you will urge
the matter on immediately, and let me know the will of
the President. It will give me but little concern either
way, whether I meet with favor or otherwise.
Your husband,
Sam.
Fort Jefferson, Florida, July 5, 1868.
My darling Frank :
Suffering again with a terrible cold and wearied
with the apathy and indifference of those who call
themselves my friends, I cannot expect to impart com-
fort or detail matter of interest; yet duty and the
small instinct of humanity permitted to remain prompt
me to write, and at the same time to protest against this
outrage upon the laws and every principle of justice, in
my incarceration — robbing you and the family of the
solace and feeble support I might be capable of afford-
ing. I hate to reflect upon the manner I have been ac-
cused and brought here — the falsehoods of suborned
312 THE LIFE OP DR. SAMX^EL A. MXJVD
perjurers, and testimony of the most infamous charac-
ters, suffered to outweigh the evidence of men of un-
doubted veracity.
The last mail brought us news of the release of Sur-
ratt upon bail, and the abandonment of the prosecution
of the first indictment. Had this been done long ago
it would have been more creditable to the Government
and the parties immediately concerned. Surratt hav-
ing been virtually released finally, I can't perceive the
slightest justification for holding me and others. Had
Surratt been tried when we were he would undoubtedly
have suffered the fate of his innocent and unfortunate
mother. Your devoted husband,
Sam.
Fort Jefiferson, Florida, August 6, 1868.
My darling Frank :
Knowing the great trouble and expense of sending a
lawyer down from Maryland to take legal action in our
case, we concluded to engage one at Key West, who
offers to undertake all the cases of civilians here for
one hundred dollars in hand, and one hundred dollars
each upon release.
I am in daily expectation of seeing the executive
officer of the civil authority from Key West, although
I have not the least idea how it will terminate. I have
had no talk with any of the officers upon the subject,
deeming it impolitic. Should I be released, I know
not yet whether I will come home directly by sea, or by
land by way of New Orleans.
Your devoted husband,
Sam.
Fort Jefferson, Florida, August 19, 1868.
My precious Frank :
The mail boat came in this morning bringing yours
of August 3. Having to pass through the Provost
THE LIFE OF DR. SAMTJEL A. MUDD 313
Marshal's hands, I did not receive your letter until a
few minutes ago. The boat will return again in an
hour, so I have not time to tell you much. I am still
in ignorance of what is going on. The lawyer to
whom I wrote at Key West came here this morning on
the boat, but I have had no chance yet to speak to him.
He has made no attempt to my knowledge to call upon
me, so I can't divine his object. I am sorry it is not
in my power to make known some intelligence from
him. The mail is gone abroad, and my hope is to send
this per hand to Key West. The lawyer will return by
the boat, but should I have a chance to speak to him
before his leaving, I will endeavor to give him your
address, so that he can inform you the course things
are pursuing.
Your devoted and fond husband,
Sam.
Fort Jefiferson, Florida, September 7, 1868.
Dear Jere :
Fearing you may not be acquainted with what has
been done at Key West in our behalf, I send you a
small clipping from the Key West Dispatch published
at that place. We interpret the delay of the opinion of
the judge as unfriendly, and that he only requires time
to study out from the legislation of the past Congress
a justification for his adverse decision.
General Hill told one of our number that the writ
would not be granted, if so, it seems that he was in Key
West at the time action was taken by counsel — he
either made himself acquainted with the views of those
in the interest of the Government, or he made known
the wish of the War Department at Washington and
exacted observance of the same. Time has elapsed
sufficiently for us to have heard the ruling of the judge.
We have very little hope of a favorable decision.
314 THE LIFE OF DB. SAMUEL A. MUDD
I would like to know, in case the judge refuses to
grant the writ, whether an appeal will be taken, and if
those representing the Government will suffer it to go
before the Supreme Court. If they do, will it be done
only to run me beyond the means of obtaining defense,
or robbing me and family of every dime I might expect
to make this side of the grave?
Very truly yours,
Sam.
Fort Jefferson, Florida, October lo, 1868.
My darling :
The papers received the last mail make short men-
tion of the proceedings in Surratt's case. It is clearly
no interest of the Government to prosecute the man;
and no reason therefor can be assigned, except to serve
as an apology for the individuals who murdered his
innocent mother. This is apparent and can not be dis-
guised. They are like the horse in the mire — the more
they struggle to hide their bloody deed the deeper they
become involved. They tried him for murder and
proved, without doubt, the innocence of his unfortu-
nate mother. They will try him now, if they try him
at all, for conspiracy and will prove no crime on the
part of the son. It is a wonder the papers don't take
up the subject of the legality of our imprisonment,
especially since the developments made in the trial of
Surratt. The judge at Key West was evidently in-
structed not to grant the writ in our favor. He gave
no law nor good reason for sustaining his refusal.
My health is good, but I am far from being strong.
Our fare is tolerable with what we are able to buy.
Our sleeping quarters are the same miserable, damp
casemates. My bed is made of moss gathered from
THE LIFE OF DR. SAMUEL A. MUDD 315
the trees in Florida. It is very hard from long usage.
I have shaved off my mustache and trimmed my goatee
quite short, which has altered my appearance so much
that I scarcely knew myself when I looked in the glass.
I can perceive no wrinkles or gray hairs, although I
believe my hair is much thinner than when I left home.
Give my love to all and believe me,
Your fond and devoted husband,
Sam.
Baltimore, November 15, 1868.
My darling Sam :
I heard from you about the 28th of October. How
sad it makes me to know you are so gloomy. Have
courage a while longer ; the darkest hour is just before
day, and our lives surely will not be a continual night.
I truly believe Johnson will release you before he
goes out of office ; and if he does not, I have assurance
Grant will, so for my sake bear up a while longer, and
God will send you safely home to me and our dear little
children.
I have been in Baltimore nearly two weeks, and will
remain a week longer. I went to Barnum's Hotel on
last Thursday to see a Mr. Kerr, who was on his way
to the Tortugas as commander. We mistook the
name, and failed to see him. I was very sorry, I think
I might have influenced him in his treatment to you.
Jere saw his father. He says he found him a fine old
gentleman. He told him his son was a good boy. I
hope he will show his goodness in his treatment of you.
Don't let an opportunity pass without writing, I am
now uneasy about you.
Your devoted wife.
Prank.
316 THE liIPE OF DR. SAMUEL A. MUDD
Fort Jefferson, Florida, December 4, 1868.
General B. H. Hill,
Commanding Post.
Sir : The boarding up in front of our quarters and
otherwise rendering our imprisonment more painful
and odious, leads us to believe was the result of secret
information which you deerned reliable. We very re-
spectfully ask an investigation in order that the truth
be made known. If we are to be held responsible for
every rumor or falsehood that may be trumped up by
the evil disposed, we are liable at any moment to be
called out and shot. I have the honor to be,
Very respectfully, your obedient servant,
Samuel A. Mudd.
No answer was made by General Hill to the
above note.
Fort Jefferson, Florida, January 24, 1869.
My darling Frank:
To-day I received yours of January ist, announcing
the death of our mother, and a greater mother to our
little children, thereby bringing us under a double debt
of parental affection and love. Can I forgive those
who have so inhumanly and maliciously caused our
separation, and deprived me of affording all the conso-
lation in my power — a debt of love and gratitude I
owe — to the kindest and most loving of mothers?
May the chastisement of Heaven fall upon and crush
them to a sense of their wrong.
I am well, but feel low and dejected in spirit. Tears
trickle at every thought of the death of my mother.
Her holy and precious life is my only consolation ; for
I know she is now reaping the reward of her many
THE LIFE OP DR. SAMUEI; A. MTDD 317
virtues, freed from the pains and anxieties of this mis-
erable world. God grant we may terminate life with
such hopes of the promises of eternal reward. Do not
doubt the love I bear you and the children. It is all
that has kept me alive. Hoping to see you soon, I am.
Your fond and devoted husband,
Sam.
Charles County, Md., January 30, 1869.
My darling Sam :
Your letter of January 8th I received on last
Wednesday, the first for a long time. When I last
wrote I was hoping that it would be the last letter I
would write to you on that miserable island, but I now
feel very, very hopeful that this will be my last. Every
body seems to think that Johnson will release you,
beyond a doubt, before his term of office expires ; and
for myself I can't see how he can possibly get out of it,
after all the petitions and appeals which have been made
in your behalf. I feel very sanguine of seeing you
before the last of March. Should you be released, of
which there is but little doubt, you must hurry home,
for I assure you you are sadly needed.
I will send you a paper with the last petition from
the Maryland members of Congress, and Mr. Merrick's
and Mr. Stone's appeals in your behalf. You can
judge for yourself your chance, but I hope, before this
and the paper reach you, Mr. Johnson will have issued
an order for your release. May our Lord protect us
from another disappointment, for I am really in no
disposition to bear it. I put you under the protection
of our blessed Lord. I think He will bring you home
to me. Your devoted wife,
Frank.
CHAPTER XIX
th:^ pardon — HOME COMING — spangi^Er's statb-
ME;nT — THE CLOSING SCENE
War Department, Adjutant-General's office,
Washington, February 13, 1869.
Commanding Officer,
Fort Jefferson,
Dry Tortugas, Fla.
Sir : The Secretary of War directs that immediately
on receipt of the ofificial pardon, just issued by the
President of the United States, in favor of Dr. Samuel
A. Mudd, a prisoner now confined at Dry Tortugas,
you release the said prisoner from confinement and
permit him to go at large where he will.
You will please report the execution of this order
and the date of departure of Dr. Mudd from the Dry
Tortugas.
I am, sir, very respectfully your obdt. servant,
E. D. TOWNSEND,
Assistant Adjutant-General.
Headquarters, Fort Jefferson, Fla.,
March 8, 1869.
Special Order No. 42 :
In obedience to communication from War Depart-
ment A. G. Office, Washington, D. C, dated February
13, 1869, Dr. Samuel A. Mudd (a prisoner) is hereby
released from confinement and permitted to go at large
where he will.
By order Brevt. Major General Hunt.
J. M. Lancaster,
Brevt. Capt. U. S. A., ist Lieut. 3d Artillery, Adjutant.
THE MPE OP DR. SAMUEL A. MUDD 319
In pursuance of the above orders my father
regained his liberty on the 8th day of March,
1869, having endured imprisonment for a
period of four years, lacking about six weeks.
Two days prior to the issue of the above order
from the War Department, on the 13th of
February, President Johnson wrote a note to
my mother and sent it to her home by a special
messenger, requesting her to come to Wash-
ington and receive my father's pardon. She
left for Washington immediately, but being
detained on the way, did not reach the city till
the following morning. Once there, she re-
paired, in company with Dr. J. H. Blandford,
my father's brother-in-law, to the White
House. In a few moments President Johnson
sent for my mother to come into the executive
office. There he delivered to her the papers
for the release of my father. My mother asked
him if the papers would go safely through the
mails. His reply, before he had signed the
papers, was : "Mrs. Mudd, I will put the Presi-
dent's seal on them. I have complied with my
promise to release your husband before I left
the White House. I no longer hold myself re-
sponsible. Should these papers go amiss you
may never hear from them again, as they may
be put away in some pigeon-hole or corner. I
guess, Mrs. Mudd, you think this is tardy jus-
tice in carrying out my promise made to you
two years ago. The situation was such, how-
ever, that I could not act as I wanted to do."
After he had signed and sealed the papers.
320 THE lilFE OP DR. SAMTJEIj A. MUDD
he handed them to my mother, who took them,
thanked him and left. She had intended going
to the Dry Tortugas and deUvering in person
the release to her long-afHicted husband.
This, however, she was not permitted to do, as
when she reached Baltimore, intending to take
the steamer from that port for the Dry Tor-
tugas, she found that the boat had departed a
few hours before her arrival, and that another
would not sail for two or three weeks. She
therefore sent the papers by express to her
brother in New Orleans, Thomas O. Dyer,
who paid a Mr. Loutrel three hundred dollars
to deliver them to my father at Fort Jeffer-
son.
On the 20th day of March, 1869, sixteen days
after President Johnson's term of office had ex-
pired, my father arrived home, frail, weak and
sick, never again to be strong during the thir-
teen years he survived. It is needless for me
to try to picture the feelings and incidents of
his home-coming. Pleasure and pain were
intermingled — pleasure to him to be once more
in his old home surrounded by his loved ones,
and pleasure to them to have him back once
more; pain to. them to see him so broken in
health and strength, and pain to him to find his
savings all gone and his family almost desti-
tute.
Again we find him, after a brief period for
rest, engaged in the struggle to regain in a
measure his lost means and position. This he
never accomplished. He found himself sur-
THE LIFE OP DB. SAMUEL A. MUDD 321
rounded by exacting duties, yet handicapped
by innumerable disadvantages. There were
no laborers to cultivate the farm; the fences
had fallen down or been destroyed by the Fed-
eral soldiery, and the fields were unprotected
against intrusive cattle; buildings were out
of repair, and money almost unobtainable.
His hardships in prison, however, had in a
measure taught him to be patient. Gradually
things became brighter. When the warm
glow of summer passed into harvest time, he
was encouraged by the fact that a generous
yield of earth's products rewarded him for his
labor. He only partially regained his practice.
While he was confined in prison many of the
families he had attended employed other phy-
sicians. Many of these families sought my
father's services on his return, but some did
not. Apart from this, the people of the neigh-
borhood had become comparatively poor by
reason of their losses occasioned by the war.
A great deal of his attention and skill was
therefore given gratuitously.
During the four years they were together
in prison Edward Spangler became very
much attached to my father. As a con-
sequence, a short time after Spangler's release,
he came to our home early one morning, and
his greeting to my mother, after my father had
introduced him, was: "Mrs. Mudd, I came
down last night, and asked some one to tell me
the way here. I followed the road, but when I
322 THE MFE OF DR. SAMUEL A. MUDD
arrived I was afraid of your dogs, and I roosted
in a tree." He had come to stay.
He occupied himself chiefly in helping our
old gardener, Mr. Best, and in doing small
jobs of carpenter's work in the neighborhood.
My father gave him five acres of land in a wood
containing a bubbling spring, about five hun-
dred yards from our dwelling. Here Spangler
contemplated erecting a building and estab-
lishing for himself a home. This purpose,
however, was never to be realized. About
eighteen months after he came he contracted
a severe illness, the result of having been
caught in a heavy rain, which thoroughly
saturated his clothing. His sickness resulted
in his death — rheumatism of the heart being
the immediate cause.
He was a quiet, genial man, greatly re-
spected by the members of our family and the
people of the neighborhood. His greatest
pleasure seemed to be found in extending kind-
nesses to others, and particularly to children,
of whom he was very fond. Not long after his
death my father, in searching for a tool in
Spangler's tool chest, found a manuscript, in
Spangler's own handwriting, and presumably
written while he was in prison. This manu-
script contained Spangler's statement of his
connection with the great "conspiracy."
spangler's statement.
I was born in York County, Pennsylvania, and am
about forty-three years of age, I am a house car-
THE LIFE OF DB. SAMUBIi A. MUDD 323
penter by trade, and became acquainted with J. Wilkes
Booth when a boy. I worked for his father in building
a cottage in Harford County, Maryland, in 1854.
Since A. D. 1853, ^ have done carpenter work for the
different theaters in the cities of Baltimore and Wash-
ington, to wit: The Holiday Street Theater and the
Front Street Theater of Baltimore, and Ford's Theater
in the City of Washington. I have acted also as scene
shifter in all the above named theaters, and had a
favorable opportunity to become acquainted with the
different actors. I have acted as scene shifter in
Ford's Theater, ever since it was first opened up, to the
night of the assassination of President Lincoln. Dur-
ing the winter of A. D. 1862 and 1863, J. Wilkes
Booth played a star engagement at Ford's Theater for
two weeks. At that time I saw him and conversed
with him quite frequently. After completing his en-
gagement he left Washington and I did not see him
again until the winters of A. D. 1864 and 1865. I then
saw him at various times in and about Ford's Theater.
Booth had free access to the theater at all times, and
made himself very familiar with all persons connected
with it. He had a stable in the rear of the theater
where he kept his horses. A boy, Joseph Burroughs,
commonly called "Peanut John," took care of them
whenever Booth was absent from the city. I looked
after his horses, which I did at his request, and saw that
they were properly cared for. Booth promised to pay
me for my trouble, but he never did. I frequently had
the horses exercised, during Booth's absence from the
city, by "Peanut John," walking them up and down
the alley. "Peanut John" kept the key to the stable in
the theater, hanging upon a nail behind the small door,
which opened into the alley at the rear of the theater.
Booth usually rode out on horseback every afternoon
and evening, but seldom remained out later than eight
324 THE LIFE OF DB. SAMUBIi A. MDBD
or nine o'clock. He always went and returned alone.
I never knew of his riding out on horseback and stay-
ing out all night, or of any person coming to the stable
with him, or calling there for him. He had two horses
at the stable, only a short time. He brought them
there some time in the month of December. A man
called George and myself repaired and fixed the stable
for him. I usually saddled the horse for him when
"Peanut John" was absent. About the first of March
Booth brought another horse and a buggy and harness
to the stable, but in what manner I do not know ; after
that he used to ride out with his horse and buggy, and
I frequently harnessed them up for him. I never saw
any person ride out with him or return with him from
these rides.
On the Monday evening previous to the assassina-
tion, Booth requested me to sell the horse, harness, and
buggy, as he said he should leave the city soon. I
took them the next morning to the horse market, and
had them put up at auction, with the instruction not to
sell unless they would net two hundred and sixty dol-
lars; this was in accordance with Booth's orders to
me. As no person bid sufficient to make them net that
amount, they were not sold, and I took them back to
the stable. I informed Booth of the result that same
evening in front of the theater. He replied that he
must then try and have them sold at private sale, and
asked me if I would help him. I replied, "Yes." This
was about six o'clock in the evening, and the conversa-
tion took place in the presence of John F. Sleichman
and others. The next day I sold them for two hun-
dred and sixty dollars. The purchaser accompanied
me to the theater. Booth was not in, and the money
was paid to James J. Gifford, who receipted for it. I
did not see Booth to speak to him, after the sale, until
the evening of the assassination.
THE MFE OF DB. SAMUEL A. MUDD 325
Upon the afternoon of April 14 I was told by
"Peanut John" that the President and General Grant
were coming to the theater that night, and that I must
take out the partition in the President's box. It was
my business to do all such work. I was assisted in
doing it by Rittespaugh and "Peanut John."
In the evening, between five and six o'clock, Booth
came into the theater and asked me for a halter. I was
very busy at work at the time on the stage preparatory
to the evening performance, and Rittespaugh went up-
stairs and brought one down. I went out to the stable
with Booth and put the halter upon the horse. I com-
menced to take off the saddle when Booth said,
"Never mind, I do not want it off, but let it and the
bridle remain." He afterward took the saddle off
himself, locked the stable, and went back to the
theater.
Booth, Maddox, "Peanut John," and myself imme-
diately went out of the theater to the adjoining restau-
rant next door, and took a drink at Booth's expense.
I then went immediately back to the theatre, and Ritte-
spaugh and myself went to supper. I did not see
Booth again until between nine and ten o'clock.
About that time Deboney called to me, and said Booth
wanted me to hold his horse as soon as I could be
spared. I went to the back door and Booth was stand-
ing in the alley holding a horse by the bridle rein, and
requested me to hold it. I took the rein, but told him
I could not remain, as Gifford was gone, and that all of
the responsibility rested on me. Booth then passed
into the theater. I called to Deboney to send "Peanut
John" to hold the horse. He came, and took the
horse, and I went back to my proper place.
In about a half hour afterward I heard a shot fired,
and immediately saw a man run across the stage. I
saw him as he passed by the center door of the scenery,
326 THE liIFE OF DB. SAMUEL A. MUDD
behind which I then stood ; this door is usually termed
the center chamber door. I did not recognize the man
as he crossed the stage as being Booth. I then heard
some one say that the President was shot. Immedi-
ately all was confusion. I shoved the scenes back as
quickly as possible in order to clear the stage, as many
were rushing upon it. I was very much frightened,
as I heard persons halloo, "Burn the theater !" I did
not see Booth pass out; my situation was such that I
could not see any person pass out of the back door.
The back door has a spring attached to it, and would
not shut of its own accord. I usually slept in the
theater, but I did not upon the night of the assassina-
tion ; I was fearful the theater would be burned, and
I slept in a carpenter's shop adjoining.
I never heard Booth express himself in favor of the
rebellion, or opposed to the Government, or converse
upon political subjects; and I have no recollection of
his mentioning the name of President Lincoln in any
connection whatever. I know nothing of the mortise
hole said to be in the wall behind the door of the Presi-
dent's box, or of any wooden bar to fasten or hold the
door being there, or of the lock being out of order. I
did not notice any hole in the door. Gififord usually
attended to the carpentering in the front part of the
theater, while I did the work about the stage. Mr.
Gifford was the boss carpenter, and I was under him.
My father died from pneumonia, January 10,
1883, after an illness of nine days. He con-
tracted the disease while visiting the sick in
the neighborhood in the nighttime and in in-
clement weather. He was buried in Saint
Mary's cemetery, attached to the Bryantown
church, where he had first met Booth. He
was in the fiftieth year of his age at the time
of his death.
V