Q.—­Was her question to you first, whether they were still there, or what was it?

A.—­Really, I cannot recollect the first question she put to me.  I could not do it to save my life.

On the afternoon of the fourteenth of April, at about half-past five Lloyd again met Mrs. Surratt, at Surrattsville, at which time, according to his version, she met him by the woodpile near the house and told him to have those shooting irons ready that night as there would be some parties calling for them, and that she gave him something wrapped in a piece of paper, and asked him to get two bottles of whisky ready also.  This mesage to Mr. Lloyd is the second item of importance against Mrs. Surratt, and in support of the specification against her.  The third and last fact that makes against her in the minds of the court is the one narrated by Major H. W. Smith, a witness for the prosecution, who states that while at the house of Mrs. Surratt, on the night of the seventeenth of April, assisting in making arrest of its inmates, the prisoner, Payne, came in.  He (Smith) stepped to the door of the parlor and said, “Mrs. Surratt, will you step here a minute?” As Mrs. Surratt came forward, he asked her this question, “Do you know this man?” She replied, quoting the witness’s language, “Before God, sir, I do not know this man, and I have never seen him.”  An addition to this is found in the testimony of the same witness, as he was drawn out by the judge advocate.  The witness repeats the language of Mrs. Surratt, “Before God, sir, I do not know this man, and I have never seen him, and did not hire him to dig a gutter for me.”  The fact of the photographs and card of the State arms of Virginia have ceased to be of the slightest importance, since the explanations given in evidence concerning them, and need not be alluded to.  If there is any doubt as to whom they all belonged, reference to the testimony of Misses Surratt and Fitzpatrick will settle it.

These three circumstances constitute the part played by the accused, Mary E. Surratt, in this great conspiracy.  They are the acts she has done.  They are all that two months of patient and unwearying investigation, and the most thorough search for evidence that was probably ever made, have been able to develop against her.  The acquaintance with Booth, the message to Lloyd, the nonrecognition of Payne, constitute the sum total of her receiving, entertaining, harboring and concealing, aiding and assisting those named as conspirators and their confederates, with knowledge of the murderous and traitorous conspiracy; and with intent to aid, abet, and assist them in the execution thereof, and in escaping from justice.  The acts she has done, in and of themselves are perfectly innocent.  Of themselves they constitute no crime.  They are what you or I or any of us might have done.  She received and entertained Booth, the assassin, and so did a hundred others.  She may have delivered