The earliest article I could find is from the front page of the 25 January 1870 edition of the
Albany Argus:
However, it's more of a mocking reply to somebody else's article.
The
Brooklyn Daily Eagle, on page 2 of the 26 January 1870 edition, actually includes details of the rumor, attributing it to the
New York Democrat:
I can't find the
Democrat in any newspaper databases I looked at, so I don't know what the article actually said. Although, I'm assuming it was printed at least a day before the
Argus article.
Also, note the
Eagle article using the term "judicial murder of Mrs. Surratt".