Threaded Mode | Linear Mode

KateH. · 10-30-2013, 03:59 PM

Were any civilian (non-military) courts open and operating in Washington DC in 1865?

L Verge · 10-30-2013, 06:50 PM

Yes, and that has been the crux of arguments over why a military court was convened in the case of the conspirators. Someone needs to double-check me on this, but I believe that there was a famous murder case going on about the same time where another woman named Mary was on trial for having killed her lover because he jilted her.

Rick Smith · 10-30-2013, 08:01 PM

(10-30-2013 06:50 PM)L Verge Wrote: Yes, and that has been the crux of arguments over why a military court was convened in the case of the conspirators. Someone needs to double-check me on this, but I believe that there was a famous murder case going on about the same time where another woman named Mary was on trial for having killed her lover because he jilted her.

I am no lawyer, but it seems to me that this case shows that the Lincoln assassination was an act of war and that because of this, a military tribunal would necessarily be convened, as the Commander in Chief of all Union forces was the target of this act of war.

L Verge · 10-30-2013, 08:11 PM

Rick,

That is exactly what many historians have said in support of the military trial of the conspirators and also that the crime happened in a city where martial law had been enforced and which had come under enemy attack when Jubal Early's forces reached the outermost limits of the city. Also, the war was still going on at the time of the assassination.

BTW: The civilian case that I referred to above was the trial of Mary Harris in Washington, DC during the summer of 1865. Miss Harris killed her lover in the Treasury Building. If you look it up, you will see some familiar names from the assassination story - Judge Wylie, Carrington, and others. It was an early case of temporary insanity based on sexual tones. I have even read that Mary Lincoln sent flowers to Miss Harris while she was in jail.

Gene C · (This post was last modified: 10-30-2013 09:08 PM by Gene C.)

For those of you interested in the verdict of the above trial....

http://www.law.georgetown.edu/library/co...8FDCB0AFB4

irshgrl500 · (This post was last modified: 10-31-2013 02:09 AM by irshgrl500.)

(10-30-2013 06:50 PM)L Verge Wrote: Yes, and that has been the crux of arguments over why a military court was convened in the case of the conspirators. Someone needs to double-check me on this, but I believe that there was a famous murder case going on about the same time where another woman named Mary was on trial for having killed her lover because he jilted her.

Laurie & Gene,
This was a very interesting case; it is amazing that a temporary insanity plea, was used at the time, considering the defendant was a woman, and an Irish Immigrant. The trial took place before the Supreme Court of the District of Columbia (sitting as a criminal court). http://www.nytimes.com/1865/07/09/news/t...-jury.html
http://books.google.com/books?id=MJM8AAA...&q&f=false

L Verge · 10-31-2013, 08:33 AM

Edwin Stanton had set the stage for a temporary insanity plea in 1859, when he successfully pleaded that for Dan Sickles's case for murdering Philip Barton Key.

I haven't checked the links that Gene and Karin supplied, but for some reason I think that her lawyer ended up marrying Miss Harris after the trial. The Victorians enjoyed juicy murder cases as much as the media and the public does today.

Gene C · 10-31-2013, 09:07 AM

I agree Laurie, And as I remember, her attorney was considerably older than she was. The marriage occurred several years after the trial. I think we discussed this briefly sometime in the past, under the heading - Assassination - "Booth Quote" It starts around post #14. Lindsey knows more about this than I do.
We need to encourage her to post more (especially during business hours)

L Verge · 10-31-2013, 09:25 AM

Lindsey is too busy giving tours and working on the supplement for the series of books related to assassination articles from the Courier right now. The staff member who educated us on Mary Harris years ago was Joan Chaconas, and she has agreed to do an article for the Courier sometime in 2014.

Miss Harris married Joseph Bradley, who later created quite a stir in the John Surratt, Jr. trial.

irshgrl500 · 10-31-2013, 12:39 PM

(10-31-2013 09:25 AM)L Verge Wrote: Lindsey is too busy giving tours and working on the supplement for the series of books related to assassination articles from the Courier right now. The staff member who educated us on Mary Harris years ago was Joan Chaconas, and she has agreed to do an article for the Courier sometime in 2014.

Miss Harris married Joseph Bradley, who later created quite a stir in the John Surratt, Jr. trial.

Bradley must have been a brilliant Attorney. After defending Mary, with a plea of temporary insanity, he then defended John Surratt, Jr., admitting that Surratt Jr. had participated in the kidnapping plot & denying any involvement in the murder plot. The murder charges, had no statue of limitations & the kidnapping charges, statute of limitations, had run. Surratt was released after a mistrial; eight jurors had voted not guilty, four voted guilty, on the murder charges.

L Verge · 10-31-2013, 01:40 PM

I cannot remember the details, but one of the Surratt, Jr. trials involved almost fisticuffs between Bradley and Judge Fisher.

RJNorton · 10-31-2013, 02:17 PM

(10-31-2013 01:40 PM)L Verge Wrote: I cannot remember the details, but one of the Surratt, Jr. trials involved almost fisticuffs between Bradley and Judge Fisher.

Here is a drawing of what Laurie mentioned. The image is from the Life and Extraordinary Adventures of John H. Surratt - published in Philadelphia (1867) by Barclay & Co.