A Threat To The Republic

[JMadonna]

(02-26-2019 06:23 AM)Steve Wrote:  Though, I can't think of any conceivable reason why the authorities would want to purposely reverse the order of Booth and Herold crossing the bridge in Cobb's testimony. If anybody has any reasonable-sounding suggestions as to why that could be, I'd love to hear them!

The prosecution was trying to make certain that Cobb and Fletcher’s stories backed each other up. They desperately wanted to bury the fact that passes were required to cross the bridge after 9:00.

To do this they needed to leave the impression that Booth and Herold talked themselves across while making certain that Herold’s attorney did not challenge either man’s testimony upon cross-examination. They were successful.

That was accomplished early in Cobb’s testimony:
A. The sentry challenged them; and I advanced then to recognize them.
Q. Did you recognize them?
A. I satisfied myself that two of them were proper persons to pass, and passed them.
Q. Do you recognize either of those persons among the prisoners here?
A. No, sir.

No one asks Cobb how he was satisfied that they were proper to pass. As I pointed out earlier, the rules did not give the sentries any discretion. They were to be stopped unless they had passes. Cobb later did not positively identify Herold as the man on the roan horse;

Q. How would he compare in size with the last man on the row in the prisoner’s dock? [David E. Herold, who stood up for identification.]
A. He is very near the size, but I should think taller, although I could not tell it on the horse; and he had a lighter complexion than that man.
Q. Did you allow him to pass after that explanation?
A. Yes, sir.
Q. What became of the other man?
A. The other man I turned back. He did not seem to have any business on the other side that I considered sufficient to pass him.

This testimony was sufficient to avoid any possible cross examination by Herold’s lawyer. Cobb never positively identified Herold AND even referred to him as “Smith”. Nothing he said would add or detract from Herold’s guilt or innocence as far as his attorney could determine, so it was allowed into the record unchallenged.

Cobb’s statements were true (as far as we know) but purposefully limited by the prosecution. Cobb never explains what criteria he used to pass them.