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The Conspirator

Posted By - Kate Clifford Larson
Apr 20, 2011 at 9:41pm | Filed Under “The Conspirator

“Mary Surratt - Guilty, Innocent, or does it matter?”

Less than three months after her arrest at her boarding house on H Street in Washington City, Mary Surratt would be hanged for her role in John Wilkes Booth's murderous plot. The military tribunal that found her guilty never doubted their verdict, but five of the nine commissioners petitioned President Andrew Johnson, Lincoln's successor, to show mercy because of her sex and age. President Johnson, however, was unmoved, convinced that Surratt "kept the nest that hatched the egg," and demanded her execution anyway.

On July 7, 1865, Mary Surratt would become the first woman ever executed by the United States government. At the time, this was a shocking and uncomfortable consequence of a horrific crime committed at the end of a grueling, divisive war. That a woman could have been so bold, so beyond her place in society that she could have, would have, been involved with Booth and his supporters defied expected norms of femininity, piety, and motherhood. But, stepping out of such gendered roles left her vulnerable to the same deadly punishment historically reserved for men.

A few decades ago, a small group of doggedly determined Lincoln assassination historians and researchers, began reexamining the history of the assassination and the trial of the co-conspirators. They recovered long lost interviews, confessions, and extensive court testimony that had been filed and left untouched for one-hundred-and-fifty years. More recently, this new research has provoked a reassessment of the conspiracy behind Booth's attack, and this, in turn, has focused a bright light on Mary Surratt's role. Those records reveal that testimony regarding Surratt's knowledge of the kidnapping plot was substantial, but it was her actions on the day of the assassination that fatally linked her to the murder. While there is no evidence that Surratt knew of Booth’s intentions to kill Lincoln, by aiding and abetting him she was doomed.

Damning testimony by two key witnesses, Louis J. Weichmann and John Lloyd, sealed Mary's fate. Their detailed and unwavering testimonies during the trial convinced many court observers that Mary was guilty. Some Surratt supporters, then and now, believe Weichmann and Lloyd lied about Mary to save their own necks. But the evidence does not bear this out. While both were privy to information and details about Booth's plans - Lloyd aided Booth and Herold the night of the assassination - their testimony regarding Mary's actions was never contradicted. More importantly, however, it did not exonerate them of complicity, either.

While true believers in Mary's innocence refuse to accept their testimony, no one has been able to offer evidence that the testimony was engineered or manufactured by the prosecution. It was only after Lloyd's interrogation on April 22 that the government looked more deeply into Mary Surratt's personal role. Mary could have revealed details of Booth's plans when she was interrogated, but she refused. Unlike Lloyd and Weichmann, Mary had much more to lose. Revealing her knowledge of Booth's plans would have further implicated her son John, Jr. This, for a mother, was a bargain she could not make.

Interestingly, three of the other co-conspirators fingered Mary, too. The day of the execution, William E. Doster, attorney for both Lewis Payne and George Atzerodt, wrote that co-conspirator David Herold complained that Mary "is as deep in as any of us." Doster was also in possession of Atzerodt's confession, taken in early May, in which Atzerodt implicates Mary in the plot. Additionally, Atzerodt swore so loudly that day that Mary was as guilty as the rest of them that it was reported by numerous journalists stationed at the prison.

Lewis Payne, the fourth conspirator to hang with Mary, gave his own confession during those final hours, admitting his guilt and role in Booth's plans. He told Doctor Guillette that he went to Mary’s house that fateful evening of April 17th because he "believed Mrs. Surratt knew about the plot and would help him through, but was not sure she would not give him up...and would not therefore have blamed Mrs. Surratt if she had caused him to be arrested. He [Payne] never has either said she was guilty or innocent, but has more than once said that the conversations of Booth and John H. Surratt led him to believe that she knew in general terms what the plot was." Mary, Payne said, "does not deserve to die with us. If I had no other reason, Doctor - she is a woman, and men do not make war on women." Payne truly believed that Mary was unaware of the assassination plans, though he understood she was cognizant of the kidnapping plot. To Payne, the distinction was very important.

Was Mary privy to Booth’s final decision to murder the president? Did he tell her his plans when he met with her early on Good Friday, when he asked her to deliver the field glasses to John Lloyd at the Surratt Tavern? We may never know. But actual knowledge of the murder plot was not a requirement to receive the death penalty. Being an accessory to the murder through helping Booth, and concealing her knowledge of the conspirators' plans, resulted in her conviction.

The military judges must have known their decision would provoke strong reactions. The weight of the historical and legal precedent they were about to set may have tempered their decision. Testing historical tradition, they determined that Mary must hang. But five members of this jury recommended mercy for Mary and a reduction in her sentence. By requesting an alternative to putting her to death, they placed the final decision in President Johnson's hands. Johnson would have to approve the verdicts and sentences, and now it would be up to him to decide Mary's final fate. They gave their separate clemency petition to Judge Advocate Burnett, who then attached it to the written statements detailing the prisoners' sentences, and prepared them for Judge Advocate General Joseph Holt to present to the President.

For three hours, Judge Advocate General Holt and President Johnson discussed the findings of the court and each prisoner's sentence. When the two men emerged from their meeting, Johnson remarked to his private secretary General R. D. Muzzey that several Commissioners recommended leniency. Johnson, however, "thought the grounds urged insufficient, and that he refused to interfere; that if she was guilty at all, her sex did not make her any the less guilty." Later, Johnson reiterated his feelings on the subject, telling Muzzey, "that there had not been ‘women enough hanged in this war.'"

That Mary was found guilty of conspiring with Booth and the other conspirators does matter. Placed in its historical context, she was party to a heinous crime and deserved punishment. That the military trial was and is contested, casting doubts as to its fairness, complicates our ability to view the evidence against Mary objectively. But we must, as a nation, remember and acknowledge the historical record. Our nation's history is complex and messy. Films like "The Conspirator" help shed light on this history, stimulating a welcomed debate that finally brings Mary out of a marginalized place to the center of one of America's notorious crimes.

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  • HydePark78
    04/22/2011 at 3:14pm

    HydePark78

    The questions of guilt of Mary Surratt and Samuel Mudd are possibly the most intriguing part of the Lincoln assassination at this point in time. I think it's clear that Mary Surratt knew SOMETHING, but was it just the kidnapping? (A distinction that I feel is important.) I've always believed that her trip to the tavern in Surrattsville on April 14 indicated her knowledge of what was to occur that night, and leaned toward finding her guilty.

    I'm looking forward to reading Ms Larson's book, which I just got--hopefully it'll help clear up the question for me.

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  • deovindice
    04/22/2011 at 2:36pm

    deovindice

    It is a pity that perception, and not facts, can cause us to wrongly convict, martyr or absolve a party. That the lady was caught up in larger events than her life experience had prepared her for is obvious. As clear, is the morass of the trial itself.

    Since we ourselves are so easily convinced by arguments and personality; and we like our truths simple and quick—something this complex is disturbing to us. As the article reads, it is important to learn the evidence and dissolve the fog that comes in when we bring in gender (or race) and question the authority of the tribunal itself. This is a lesson for us today that our laws, courts, enforcement officers and elected officials must all strive for the highest road in applying, interpreting and adjudicating everything. Let fault be found with a decision, but never with the way a decision is reached.

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  • kerstilou
    04/22/2011 at 2:33pm

    kerstilou

    I think she could be guilty of conspiracy because she didn't tell the authorities about Booth and the others who were going to kill Lincoln. But either way, I guess it doesn't matter because it's part of History and either way she will be judged by God for what she did. The whole story of her is very fascinating though.

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  • MrsWeaver
    04/22/2011 at 2:29pm

    MrsWeaver

    I believe that she believed that they were just going to kidnap the president. I believe that she was used as a scapegoat to try and get her son out of hiding, which of course that didn't happen.

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EXPERT PROFILE

Kate Clifford Larson

Historian and Author

Kate Clifford Larson, PhD., is an historian and author of "The Assassin's Accomplice: Mary Surratt and the Plot to Kill Abraham Lincoln" (Basic Books, June 2008). With degrees from Simmons College and Northeastern University, and a doctorate in history from the University of New Hampshire, Larson... More

Kate Clifford Larson

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