Where was John Surratt on April 14, 1865 ?

[John Fazio]

Everyone:

I agree with those who say that if Surratt had come to Washington, he would have been tried and convicted with the rest. I disagree, however, with those who hold that the Federal government would then have hanged both John and his mother for complicity. It is not necessary for John to have declared his mother's innocence from the witness chair. His declaration would have been made in statements he made incident to interrogations that would obviously have been carried out, just as they were with all the other defendants. In these circumstances, it is hard for me to believe that the War Department would have insisted upon her execution as well as his. His would have been quite enough for Stanton. She would then have received an abbreviated sentence, such as Spangler did, or, perhaps, clemency. By declaring her innocence, he would have effectively sacrificed himself for her, a sacrifice that the War Department, in my opinion, would have been only too happy to accept. Though I believe she was guilty, the evidence against her was problematic, resting almost entirely upon the testimony of Lloyd and, to a lesser extent, Weichmann. This fact and her gender were sufficient reasons for 5 of the 9 commissioners to recommend clemency to Johnson, which recommendation he either never saw or rejected, depending on whom you believe. I believe Holt. Imagine how much stronger the case for clemency would have been if her son had taken his place on the gallows with the other three (Powell, Atzerodt and Herold).

John