June 7, 1865 - Testimony of George Booz, recalled.
GEORGE BOOZ, recalled for the accused, Samuel A. Mudd.
By MR. EWING:
Q. In your testimony a few days ago, you spoke of having met Dr. Samuel Mudd up about your house on the by-road leading through the farm?
A. Yes, sir.
Q. That was on the day after the assassination of the President?
A. On Saturday.
Q. Easter Saturday?
A. Yes, sir.
Q. Whereabouts did you cross the road, in going through the swamp up towards your house?
A. I crossed it just opposite my house, coming up through the swamp, right opposite the house, coming to the gate.
Q. How far was it from the big elm-tree?
A. I reckon, about three hundred yards, as near as I can come at it.
Q. On which side of the big elm-tree did you cross the main road,—the side next to Bryantown, or the other side?
A. On the upper side, farthest from Bryantown.
Q. State how far you could see up and down the main road at the point where you crossed it.
A. At the point where I crossed it, I reckon, as near I can come at it, I could see plain for about a quarter of a mile above, and upwards of a quarter of a mile below,—a plain, full view.
Q. When you say “below,” you mean in the direction of Bryantown?
A. Yes, sir; in the direction of Bryantown. I could see from the swamp for about a quarter of a mile each way.
Q. Was there any horseman on the road when you crossed it?
A. I never saw any horseman at all.
Q. If there had been anybody going along the road with Dr. Mudd, and who kept on the main road away from Bryantown when Dr. Mudd turned up through this by-road, would you have seen him?
A. I should think I ought to see him in passing the road. There was not any thing in my sight except a line of fence that ran down the road. That was all that was in my sight from the gate where he turned in at, up to the gate where he crossed.
Q. How far could you see down the road in the direction of Bryantown?
A. There was not any thing at all between me and the road as far as the swamp, except a line of fence. From me down to the swamp, where it crossed over to Bryantown, there was only a line of fence.
Q. From the point where you crossed the main road, could you see the whole of this by-road that Dr. Mudd was travelling on?
A. No, sir. I could not see it all,—not until I came on the hill. When I crossed at the gate, I had a full view of the main road. That is about one hundred yards from the main public road. I then had a full view of the by-road.
Q. And you saw Dr. Mudd on the by-road?
A. Yes, sir; on the by-road.
Q. Was he between the gate by which he entered the main road and your house?
A. Yes, sir; right opposite the dwelling-house. My house leads back of the dwelling-house.
Q. Was he moving when you saw him?
A. Yes, sir.
Q. Where you crossed the main gate up above the big elm, is there a gate going into the field?
A. Certainly; from the main road.
Q. Then there is another gate down where Dr. Mudd entered?
A. Yes, sir.
Q. How far is it from the point where you crossed the main road to the gate by which Dr. Mudd entered the by-road?
A. As I said before, as near as I can come at it, it is about three hundred yards between the two gates.
Q. And when you saw Dr. Mudd on the by-road, how far was he from the gate by which he entered?
A. Pretty much equal from both. Some persons there have a near cut in going over the hill. He was nearly equal from the two gates. He came up a little, and then turned right up the road toward the house.
Q. Then if anybody had been travelling with Dr. Mudd on the main road, and kept on the main road when he turned in at the gate, that person would have been about how far from where you crossed the main road?
A. He would have been about equal with the doctor above my house, if he had kept on riding. I think both distances would be nearly equal.
Q. When you crossed the main road, he would have been pretty near the point you crossed at?
A. Pretty much, if the gentleman had kept on riding.
Cross-examined by ASSISTANT JUDGE ADVOCATE BINGHAM:
Q. Did you swear, before, that you saw Dr. Mudd turn up from the main road at all?
A. No, sir; I did not.
Q. Do you swear now that you saw him turn up from the main road at all?
A. No, sir.
Q. Then, if you did not see him turn up at all, how do you know there was not a man riding by his side?
A. I did not say I saw a man riding by his side.
Q. But when you are asked to swear that, if there had been, you would have seen him, you do not mean to swear that you would have seen him, because you did not see him?
A. I did not see him. I cannot swear to that. I did not see the gentleman.