Band at the execution

[BettyO]

Quote:I kept wondering how seriously his lawyer tried an insanity defense...especially after Lewis attempted to hurt himself by banging his head against the wall in his cell?

Do you think the Tribunal was so set on hanging him that they would not have considered such a defense?

Thanks so very much for your kind words, Toia!

I think that Doster saw the only way to get Powell somewhat "off the hook" as it were would be an insanity plea. The fact that the boy had attempted suicide was a key note - and Doster used this to what he thought was as good a plea as any. Powell was said to not remember his mother's maiden name (Powell of course, his mother and father were 3rd cousins....but then Powell didn't want to reveal his parents' name nor did he want his parents to know what he had been up to.) Likewise, his constipation also played a part - his slow memory was more or less a result of the traumatic hooding. However, Doster found the insanity plea was his only recourse. Powell, it was said, was mortified when the plea was presented in court. I think that the tribunal was dead bent on hanging those who had a major influence on the Conspiracy - and with Booth dead, both Powell and Herold were the ones who were most guilty - Powell of assault on Seward and his family and Herold as the accomplice and "hanger on" of Booth.

Accordingly once source claimed that a commission member (I think it was Wallace) stated that "Well, Payne seems to want to die anyway."

So, no - I don't think that they would have considered a life sentence for either Powell or Herold. Atzerodt KNEW before the fact what was going to happen, but skipped out and did not alert authorities beforehand - so he was just as guilty.