May 31, 1865 - Testimony of Henry L. Mudd, Jr., recalled.
HENRY L. MUDD, JR., recalled for the accused, Samuel A. Mudd:
By MR. EWING:
Q. In your cross-examination, on the day before yesterday, you stated that your brother, the prisoner, Samuel A. Mudd, was a tenant of your father: I wish you to state what you meant by that.
A. I was rather confused at the time: I did not know exactly what I meant by it. I suppose that to be a tenant means that a man must pay some rent or other; and, if that is so, he is not a tenant, for he has never paid the first cent’s rent for the farm since he has been on it, nor any part of the produce of the farm.
Q. How do you know that?
A. I know it very well: I kept all my father’s accounts for him.
Q. The farm, then, was treated as your brother’s in every respect?
A. Yes, sir.
By ASSISTANT JUDGE ADVOCATE BURNETT:
Q. The land belongs to your father, as you stated before?
A. My brother had no deed for it except my father’s word.
Q. The land belongs to your father?
A. He gave his word to my brother.
Q. Did you or not state before, that it belonged to your father?
A. I suppose he could not levy on it and take it.
Q. I am not asking you for your supposition, but I am asking you for the fact. Does the land belong to your father, or not?
A. I consider that it belongs to my brother.
Q. I am not asking for your consideration: what is the fact?
A. It belongs to my brother.
Q. Has he any title to it?
A. He has none except father’s word.
Q. Has he any title to the land?
A. He has no title or deed.
Q. Who has the title or deed to that land?
A. My father.