June 5, 1865 - Testimony of Fannie Mudd.
Q. State to the Court whether you know where your brother was from the first to the fourth day of March last, and give the circumstances.
A. Yes, sir: the first day of March was Ash Wednesday. We were particularly anxious to go to church that day. Rising in the morning, my sister was sick, and she was unable to rise. However, we went to church, and left her at home. On the second day, which was Thursday, my father sent out early in the morning to her room to know how she felt. She sent him word that she felt very badly, and was afraid she had the small-pox. He immediately got out of his bed, and went for my brother to come; and he came over with my father to breakfast.
Q. Thursday was the 2d of March?
A. Yes, sir: Friday was the 3d of March. It was a rainy, dark day; and my brother was in the barn, stripping tobacco, midway between his house and ours, and between eleven and twelve o’clock came over home to see my sister. He then took dinner with us. As he came from the barn, he had not his medical case with him. He went back home again; and, later in the evening, he came over, and brought the medicine which my sister required. That was two visits on the 3d of March. On the 4th of March, it continued to rain. He came over again to dinner on that day. On the 5th of March, which was Sunday, he came with my brother-in-law, Dr. Blanford, in the evening.
Q. State how far your father’s house is from your brother Dr. Samuel A. Mudd’s house.
A. I think, about half a mile.
Q. And how far from Washington?
A. We call it thirty or thirty-two miles from our house to Washington.
Q. He took dinner, then, at your father’s house on the 3d of March and on the 4th?
A. Yes, sir.
Q. At what time in the day?
A. We are very early risers, and we have regular hours; and our dinner-hour is twelve o’clock. I am pretty sure our dinner that day was about twelve o’clock, or it may have been a little after.
Q. Did you see him on the 1st of March?
A. No: I did not see him on the 1st of March. My sister was sick; but we did not think her case required the attention of a physician, and we did not send for him on the 1st of March.
Q. Do you know any thing of his having been absent from home on the 1st of March?
A. No, sir: I am pretty sure he was at home.
Q. Did you see him on the 2d of March?
A. Yes, sir: he took breakfast with us on the 2d of March.
Q. At what hour?
A. I suppose our breakfast time is about seven o’clock. We are very early risers, and have early breakfasts.
Q. Did you see him again on the 2d?
A. I did not again on the 2d: I only saw him once that day.
Q. Have you any knowledge of his having been absent from home on the 2d?
A. No: I am sure he was at home. I feel confident he was at home.
Q. On the 3d of March, what time in the morning was it that he came to your father’s house?
A. Between eleven and twelve o’clock: he came from his barn directly, because as he came in, he remarked to my mother—
ASSISTANT JUDGE ADVOCATE BINGHAM:
You need not state any thing he said.
Q. [By MR. EWING.] How long did he remain that first time, on the 3d of March?
A. I think he staid until two o’clock, or about that time. I am not very sure.
Q. He took dinner there?
A. Yes, sir: he took dinner there.
Q. Do you know any thing of his having been absent from home at any time between the 1st and 5th of March?
A. I am confident he was not absent. We are very near, and go backwards and forwards,—sometimes, probably, twice a day.
Q. Were you in the habit of visiting your brother’s house frequently during last summer and the summer before?
A. Yes, sir; very frequently.
Q. And the summer before that?
A. Yes, sir.
Q. Did you ever see or hear of John H. Surratt being at your brother’s house?
Q. Or Booth?
A. Never. I heard of his being there once; but I did not see him.
Q. When was that?
A. I think it was probably about November; some time in November.
Q. Do you know what time in November?
A. I think it was in the early part of November, the first of the month; but I am not sure.
Q. How often have you heard of Booth being in that country?
A. But the once. Since this trial has been going on, I have heard he has been there twice; but I never heard that until this trial has been going on.
Q. Did you know any thing of there having been a party of men sleeping in the pines, near your brother’s house?
A. In 1861, I think there were three gentlemen who slept there,—Mr. Jerry Dyer, Andrew Gwynn, and Bennett Gwynn. I do not think these gentlemen secreted themselves hardly, except during the night.
ASSISTANT JUDGE ADVOCATE BINGHAM.
You need not state what you think about it.
A. There was one of the party who is very fond of music, and he was an intimate friend of ours, and he came to spend the evening with us twice at my father’s house.
Q. Who was he?
A. Mr. Andrew Gwynn.
Q. Have you seen any thing of him since the year 1861?
A. No, sir: I believe he left that year; and I have never seen any thing of him since.
Q. Have you heard of his being at your brother’s house since?
A. No, sir.
Q. Did you ever hear of Captain Perry or Lieutenant Perry being at your brother’s house?
Q. Did you ever see or hear of any parties of Confederate officers or soldiers being about your brother’s house?
Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM:
Q. When did you hear that Booth was at your brother’s house?
A. I think, the first part of November.
Q. Last November?
A. Last November.
Q. Do you know that your brother was not absent from home on the 1st of March?
A. Yes, sir: I am positive of it.
Q. Do you know?
A. I did not see him that day.
Q. Then you do not know personally any thing about it?
A. I do not know personally.
Q. You did not see him there on the 2d of March until noon?
A. Yes: I saw him early on the 2d of March; probably about five o’clock in the morning.
Q. Where did you see him early on the 2d of March?
A. At my father’s house: he came there to see my sister.
Q. I thought you said that was the 3d that he came early in the morning?
A. No: on the 3d he came to dinner; on the 2d he came early in the morning.
Q. Did you see him any more on the 2d?
A. No: I did not see him any more that day.
Q. Then you did not see him again on the 3d until noon?
A. Some time in the evening, about four o’clock.
Q. On the 3d?
A. On the 3d, I saw him at dinner; and then again he went back home soon after dinner, and came back with some medicine about four o’clock.
Q. Consequently you did not see him on the 3d until dinner-time?
A. I did not.
Q. Nor on the 2d after early in the morning?
A. No—; but he remarked to us that he was—
ASSISTANT JUDGE ADVOCATE BINGHAM. You need not state what he said to you.
Q. Do you know the enrolling-officer who was in that neighborhood last fall or spring?
A. I think not. I do not know.
Q. I mean the officer who was enrolling the names subject to the draft in the neighborhood.
A. I believe Mr. Smith was the enrolling-officer of the county.
Q. Do you remember seeing him in that quarter?
A. No; I do not.
Q. Did you not say any thing to him at all?
A. No, sir: I do not know the gentleman at all.
Q. Did you say any thing to the enrolling-officers as they passed by you, or were at your house?
A. No, sir; I did not.
Q. Nothing at all?
A. Nothing at all.
By MR. EWING:
Q. Please state how it is that you enabled to fix these dates,—the 1st, 2d, and 3d of March?
A. Because my sister was sick: that is the reason. She was taken sick the 1st of March; but we considered the case very light, and did not send for a physician until the 2d of March. Early on the 2d of March we sent; and, on the 3d, he came twice to see her. On the 4th, he again came to dinner. On the 5th he and my brother-in-law, Dr. Blanford, came in the evening. That was Sunday evening.
Q. How do you know it was the 1st of March that your sister was taken sick? How do you fix that date?
A. Because it was Ash Wednesday, and it is customary with Catholics to go to church that day, if possible; and we were Catholics, and were particularly anxious to go to church. My sister attempted to rise that morning, and she was not able to do it; she attempted it the second time, and she was not able to do it: she was obliged to remain at home.
Q. Is that day a holiday of the church?
A. It is not one of strict obligation: it is left to the discretion of those that choose to go. It is advisable for every good Catholic to go to church that day to prepare for the penitential season; but it is not a holiday of obligation: we are not obliged to do it under pain of sin.
Q. It is the first day of Lent, is it not?
A. It is the first day of Lent.
Q. You spoke of Booth having been down there in that country. Did you meet him?
A. No: I did not.
Q. Where did you see him?
A. I saw him at church: I only had a glance of him. I noticed a stranger kneeling there near me, and, after I came out, I inquired who he was.
Q. In whose pew was he?
A. In Dr. Queen’s pew.
Q. Did he go there with Dr. Queen’s family?
A. That I do not know: I only saw him in church.
Q. Was Dr. Queen’s family there?
A. Yes, they were there.