John Surratt - Trial

Trial

Sixteen months after his mother Mary Surratt was hanged, Surratt was tried in a civilian court of the State of Maryland, not before a military commission, as his mother and the others had been. A recent Supreme Court decision had declared the trial of civilians before military tribunals to be unconstitutional (Ex Parte Milligan). Judge David Carter presided over Surratt's trial, and Edwards Pierrepont conducted the federal government's case against him. Surratt's lead attorney, Joseph Habersham Bradley, admitted Surratt's part in plotting to kidnap the President, but denied any involvement in the murder plot. After two months of testimony, Surratt was released after a mistrial; eight jurors had voted not guilty, four voted guilty. The statute of limitations on charges other than murder had run out, and Surratt was released on $25,000 bail.

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