May 25, 1865 - Testimony by William Marshall.
WILLIAM MARSHALL, a witness called for the prosecution, being duly sworn, testified as follows:
By ASSISTANT JUDGE ADVOCATE BINGHAM:
Q. State your full name.
A. William Marshall.
Q. State whether you are a slave, or a free man.
A. I was always a slave until here of late, the year 1863, when I got away from home.
Q. Whose slave were you?
A. I was bred and born a slave. Did belong to Mr. Willie Jameston.
Q. Do you live near Dr. Samuel A. Mudd?
A. Yes, sir, of late; since my marriage. I married in his neighborhood.
Q. Do you know him?
A. Yes, sir.
Q. State to the Court whether you see him here or not.
A. Yes, sir: there he is [pointing to Dr. Samuel A. Mudd, one of the accused].
Q. State whether you know Benjamin Gardiner, one of his neighbors.
A. Yes, sir; Benjamin Gardiner was my wife’s master.
Q. State whether you heard any conversation between Benjamin Gardiner and Dr. Samuel A. Mudd about the rebels, and their battle with the Union forces on the Rappahannock.
MR. EWING objected to the question on the ground heretofore stated by him with reference to similar questions.
The COMMISSION overruled the objection.
A. Yes, sir: I did. On Saturday, soon after the battle at the Rappahannock, I happened to be at home: I had every other Saturday. My wife was sick at the time, and the doctor had been to see my wife; and when he came out, Mr. Gardiner met him at the corner of the house, and said to him, “We gave them hell down on the Rappahannock!” and the doctor said, “Yes: we did.” Then he said, “Damned if Stonewall ain’t the best part of a devil: I don’t know what to compare him to.”
Q. Who said that he was the best part of a devil?
A. Ben. Gardiner. The doctor said Stonewall was quite a smart one. Then Ben. Gardiner said, “Now he has gone around up in Maryland, and he is going to cross over on the Point of Rocks somewhere,”—he did say at that time, but I really forget now where he was going to cross at the Point of Rocks; “and I would not be the least surprised if very soon from this”—he stated at what time, but I forget at what length of time he said—“he will be down here and take the capital of Washington, and soon have old Lincoln burnt up in his house.”
Q. What did Dr. Mudd say to that?
A. He said he would not be the least surprised.
Q. State whether he made any objection to that.
A. No, sir: he did not.