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John Paul Jones - Doctor Mudd and the Lincoln assassination

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Dr. Samuel Mudds guilt or innocence in the Lincoln assassination is debated by a distinguished group of jurists and Civil War historians recently convened by the University of Richmond School of Law to reexamine the case.

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title Dr Mudd and the Lincoln Assassination The Case Reopened author - photo 1

title:Dr. Mudd and the Lincoln Assassination : The Case Reopened
author:Jones, John Paul
publisher:Combined Publishing
isbn10 | asin:0938289500
print isbn13:9780938289500
ebook isbn13:9780585100104
language:English
subjectMudd, Samuel Alexander,--1833-1883, Lincoln, Abraham,--1809-1865--Assassination.
publication date:1995
lcc:E457.5.D7 1995eb
ddc:364.1/31/092
subject:Mudd, Samuel Alexander,--1833-1883, Lincoln, Abraham,--1809-1865--Assassination.
Page iii
Dr. Mudd and the Lincoln Assassination
The Case Reopened
Edited by John Paul Jones
COMBINED BOOKS
Pennsylvania
Page iv
PUBLISHER'S NOTE
Combined Books, Inc., is dedicated to publishing books of distinction in history and military history. We are proud of the quality of writing and the quantity of information found in our books. Our books are manufactured with style and durability and are printed on acid-free paper. We like to think of our books as soldiers: not infantry grunts, but well dressed and well equipped avant garde. Our logo reflects our commitment to the modern and yet historic art of bookmaking.
We would like to hear from our readers and invite you to write to us at our offices in Pennsylvania with your reactions, queries, comments, even complaints.
We encourage all of our readers to purchase our books from their local booksellers, and we hope that you let us know of booksellers in your area that might be interested in carrying our books. If you are unable to find a book in your area, please write to us.
For information, address:
COMBINED BOOKS, INC.
151 East 10th Avenue
Conshohocken, PA 19428
Copyright 1995 by John Paul Jones.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electrical, mechanical or otherwise, without first seeking the written permission of the publisher.
Library of Congress Cataloging-in-Publication Data
Dr. Mudd and the Lincoln assassination: the case reopened / edited by John Paul
Jones.
p. cm.
Includes bibliographical references and index.
ISBN 0-938289-50-0
1. Mudd, Samuel Alexander, 18331883. 2. Lincoln, Abraham,
1809-1865Assassination. I. Jones, John Paul, 1947
E457.5.D7 1995
364.1'31'092dc20 959720
CIP
Combined Books Edition 1 2 3 4 5
Published in the U.S.A. in 1995 by Combined Books and distributed in North America by Stackpole Books, Inc., 5067 Ritter Road, Mechanicsburg, PA 17055. Distributed internationally by Greenhill Books, Lionel Leventhal, Ltd., Park House, 1 Russell Gradens, London NW11 9NN.
Printed in the United States of America.
Page v
TABLE OF CONTENTS
Introduction
vii
Part One. The Appeal
Brief on Behalf of Samuel A. Mudd
Catherine Stuart Greer, W. Scott Magargee, and John Thurston Pendleton
3
Brief for the United States in Reply
Bradford Clark Jacob, Sarah Christian Johnson, and Lisa S. Spickler
33
Oral Arguments
Candida Ewing Steel, F. Lee Bailey, John Jay Douglass, and John S. Jenkins
53
The Judgment and Opinions by the Court
Edward D. Re, Robinson O. Everett, and Walter Thompson Cox III
97
Part Two. Commentary
His Name was Mudd
Frederick Bernays Wiener
117
The Courious Case of Dr. Mudd
Forest J. Bowman
181
Was the Assassination of Abraham Lincoln a War Crime?
Howard S. Levie
213
The Appeal of Dr. Samuel A. Mudd
Jeffrey F. Addicott
223
The Case Against Dr. Samuel Mudd: Why His Family's Vanity Does Not Justify Rewriting Dr. Mudd's Story
Andrew C. Carington and Floyd E. Risvold
231
Appendices
Appendix A: The Decision Denying Dr. Mudd a Writ of Habeas Corpus
253
Appendix B: The Report of the Board for Correction of Military Records
259
Appendix C: The Decision of the Acting Assistant Secretary of the Army
273
Index
277

Page vii
INTRODUCTION
On June 30, 1865, Samuel A. Mudd was convicted of conspiring with John Wilkes Booth and others to assassinate President Lincoln and other leaders of the Union. The Maryland planter and physician was also found guilty of aiding and abetting the assassins in the execution of their plot. Dr. Mudd's conviction, and a sentence to prison for the remainder of his life, issued from a type of military court known as a commission. Seven senior officers of the Union army comprised the commission that tried Dr. Mudd. Its most senior member, Major General David Hunter, acted as its president; history has given it his name.
As Commander in Chief, President Johnson had convened the Hunter Commission and referred to it Mudd's case, and those of seven others said to comprise Booth's gang. Samuel Mudd fared better than most; after a trial of eighteen days, the commission found all eight defendants guilty, and sentenced four, David Herold, George Atzerodt, Lewis Payne, and Mary Surratt, to death. The commission spared from the gallows Mudd and three others, Michael O'Laughlin, Edward Spangler, and Samuel Arnold, sentencing them instead to prison. President Johnson reviewed and approved the sentences. He ordered that Mudd serve his life sentence at Fort Jefferson, an island penitentiary off the coast of Florida. Mudd's lawyers then tried for a writ of habeas corpus, but to no avail. In the United States District Court for the Southern District of Florida, Judge Thomas J. Boynton refused to hold that the Hunter
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