Drawing of a crowded courtroom. The defendants sit at a table in the center of the room, surrounded by guards and onlookers.

Frank Leslie’s Illustrated Newspaper, courtesy Lincoln Financial Foundation Collection, Allen County Public Library.

The Trial of the Conspirators

After the Lincoln assassination conspirators were arrested, federal authorities jailed them in Washington. For seven weeks in May and June 1865, the nation’s attention was riveted on the third floor of Washington’s Old Arsenal Penitentiary (now Fort McNair), where John Wilkes Booth’s conspirators were on trial for their lives.

President Andrew Johnson and Secretary of War Edwin M. Stanton insisted on trying the conspirators before a nine-member military commission, where a vote of only five of the nine judges—rather than a unanimous vote like in a civilian trial—was required to establish guilt. Six votes could impose the death penalty.

Why a military trial?

The decision was controversial. Federal authorities argued that because Washington, D.C., was a war zone in April 1865—Confederate troops were still in the field—the assassination was an act of war. Opponents argued that a civilian court would allow for a fairer trial.

While the accused were allowed by attorneys to question the 366 witnesses to their various crimes, the accused were not permitted to speak on their own behalf.

What did those witnesses say? What were the verdicts?

Americans still debate when it is appropriate to use military versus civilian courts for major offenses. What do you think?

Collecting the Evidence: Testimony

Learn from the Witnesses

As you look at each account, consider:

How does this response align with—or differ from—other responses?
Who gave the testimony? What might be the person’s reasons for saying what they did?
When did this person give the testimony? Was it soon after the event? Much later? How might that affect what was said

Images from the Trial

The trial took place in a makeshift courtroom on the third floor of the Old Arsenal Penitentiary in Southwest Washington, D.C. Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection via Internet Archive.

Drawing from a courtroom. A number of men sit around a table full of documents. Other men sit behind a railing at the back of the room.

This lithograph shows how the courtroom looked like from the point of view of the Military Commission. Brown Digital Repository, via Wikimedia Commons.

A drawing of a group of soldier guarding a large brick building. A caption reads" Trial of the conspirators - Strong guard posted in front of main entrance to penitentiary, Washington - From a sketch by our special artist, W. T. Crane.

During the conspirators’ trial, armed soldiers guarded the Penitentiary building. The scene in front of the penitentiary during the trial often looked similar to how it is depicted in this illustration. Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection.

A union soldier guards a man in a hood and manacles sitting on a bench in a stone building.

During the trial, the imprisoned conspirators were forced to wear hoods and metal cuffs while in their cells. This lithograph shows conspirator Lewis Powell (alias Payne). Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection via Internet Archive.

Layout of the courtroom at the Old Arsenal Penitentiary. Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection via Internet Archive.

A drawing of a group of people in hoods and manacles being led through columns of soldiers.

This illustration depicts Mary Surratt and the other conspirators as they were being taken to the Old Arsenal Penitentiary. She and the other conspirators are wearing prisoners’ hoods over their heads. Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection via Internet Archive

A drawing of soldiers leading people to a gallows. A caption reads "The conspirators going to the scaffold."

This print shows Mary Surratt, Lewis Powell, David Herold and George Atzerodt as soldiers led them to the scaffold for execution. Frank Leslie’s Illustrated Newspaper, Lincoln Financial Foundation Collection.

A group of twelve men in union army uniforms sitting together in a room.

This photo shows the 12 men who composed the military commission that tried and convicted the Lincoln conspirators. Library of Congress, LC-DIG-ppmsca-39363.

This is what the courtroom at the Old Arsenal Penitentiary looks like today. This room was reconstructed to resemble what it was reported to have looked like during the trial. Ted Gehring, via Wikimedia Commons.

Mary Surratt

Lewis Powell

David Herold

George Atzerodt

Dr. Samuel Mudd

Edman “Ned” Spangler

Michael O’Laughlen

Samuel Arnold

John Surratt

See the Evidence

Photograph of a large metal key. — Photo by Carol Highsmith. Click image to see hi-res version.

Surratt’s Key

This key was used to imprison Mary Surratt at the Old Arsenal Penitentiary.

Photograph of document labeled "Headquarters Middle Military Division." — Photo by Carol Highsmith. Click image to see hi-res version.

Military Pass

This pass allowed its holder to visit the Washington Arsenal, where all eight alleged Lincoln assassination conspirators were imprisoned. It was signed by General Winfield Scott Hancock (pictured), who supervised the imprisonment and eventual execution of the conspirators.

Photograph of strips of rope. They are labelled "Mrs. Surratt," "Atzerodt," "Payne," and "Herold." — Photo by Carol Highsmith. Click image to see hi-res version.

Nooses

These lengths of rope are believed to be taken from the nooses around the neck of conspirators Mary Surratt, George Atzerodt, Lewis Powell and David Herold after their execution on July 7, 1865.

Continue Exploring

Colored drawing of the assassination of Abraham Lincoln by John Wilkes Booth. Booth stands next to Abraham Lincoln in a theatre box and shoots a derringer at his head. In his other hand he holds a dagger. A man in a union army uniform stands to try to stop him.

Lincoln’s Assassination

What happened when John Wilkes Booth stepped into Ford’s Theatre?

On the morning of April 14, 1865 (Good Friday), actor John Wilkes Booth learned President Abraham Lincoln would attend a performance of the comedy Our American Cousin that night at Ford’s Theatre—a theatre Booth frequently performed at. He realized his moment had arrived.

Learn More

Lincoln’s Death

What happened as Lincoln lay dying in the Petersen House?

At the time, many people felt a theatre was not a proper place for a president to die. Soldiers carried Lincoln down the stairs of the theatre and out onto Tenth Street.

Learn More