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Dr. Mudd and the Lincoln Assassination: the Ac Se Reopened John Paul Jones University of Richmond, Jjones@Richmond.Edu University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1995 Dr. Mudd and the Lincoln Assassination: The aC se Reopened John Paul Jones University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Military, War, and Peace Commons Recommended Citation Dr. Mudd and the Lincoln Assassination: The Case Reopened (John Paul Jones ed., 1995) This Book is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Dr. udd and the Lincoln Assassination 'rH 14: CASE REOPENED The proceedings of a Moot Court of Military Appeal to hear the case of Dr. Samuel A. Mudd with contributions by F. LEE BAILEY, JOHN JAY DOUGLASS, CANDIDA EWING STEEL, JOHN S. JENKINS and others Edited by JOHN PAUL JONES $24.95 Dr. Mudd and the Lincoln Assassination THE CASE REOPENED Edited by JOHN PAUL JONES On June 30, 1865, Samuel A. Mudd was convicted of conspiring with John Wilkes Booth and others ro assassinate President Abraham Lincoln. He was sentenced ro life imprisonment on an island off the coast of Florida. Dr. Mudd was pardoned in 1869 by President Andrew Johnson, based on his assistance in a yellow fever epidemic rather than on the merits. of his case, leaving unre­ solved until the present day the question of his ultimate guilt or innocence. On February 12, 1993, the University of Richmond School of Law convened a distin­ guished group of jurists and Civil War histori­ ans to thoroughly present both sides of the case of Samuel Mudd and the broader Lincoln Conspiracy before a panel of judges in an actual courtroom. Dr. Mudd was represented by F. Lee Bailey, Attorney at Law and former Marine fighter pilot and legal officer; and Candida Ewing Staempfli Steel, Attorney at Law and great­ great-granddaughter of General Thomas Ewing, Dr. Mudd's original counsel. The government was represented by John Jay Douglass, Dean of the National College of District Attorneys and former Commandant (continued on back flap) {continued ftom ftont flap) of the Judge Advocate General's School; and Admiral JohnS. Jenkins, Associate Dean and Lecturer at the George Washington Univer­ sity National Law Center, and former Judge Advocate General of the U.S. Navy. The attorneys presented their arguments with all the detail and color of a modern legal case. Dr. Mudd and the Lincoln Assassination is the complete record of the proceedings, with added commentaty by distinguished historians. Some scholars argue that Mudd was com­ pletely innocent, while others cite eyewitness reports of seeing Mudd in the company of John Wilkes Booth in Washington prior to the assassination. In Dr. Mudd and the Lincoln Assassination the legality of the military tribunal that tried Mudd is both defended and attacked in fascinating detail. This volume combines the drama of the Civil War with the suspense of a modern trial and contains a wealth of detail on the Lincoln Conspiracy, much of it unknown to the general public. Dr. Mudd contains the complete text of recent decisions by the U.S. Court of Military Appeals and other bodies in the matter of Samuel Mudd, a case still pending in U.S. courts. The main text is backed up by exten­ sive references for further reading, few of which normally appear in Civil War books. • Editor John Paul Jones is a former naval aviator and intelligence officer and teaches administrative, constitutional and military law at the University of Richmond School of Law. In the words of F. Lee Bailey, counsel for the accused: " ... the fabric of any criminal proceeding is that which deserves the overview-the calm, deliberate, combined wisdom in the overview of an appellate court." "Here is history at its best, relived with all its controversies, passions, and struggles for justice." -Senator Paul Simon As a simultaneous contribution to legal studies and Civil War studies, Dr. Mudd and the Lincoln Assassination: The Case Reopened is a perfect example of the kind of fresh perspec­ tive the United States Civil War Center supports as one of its major missions. -David Madden, Director, The United States Civil War Center, Louisiana State University Here's a fresh and provocative look at legal aspects of the Mudd conviction. Since it consists largely of pro and con analyses, it bears directly upon other Civil War cases. Even more important is the fashion in which it throws a great deal of light upon the whole issue of civil rights under a military regime. -Webb Garrison, author of The Lincoln No One Knows They have assembled in a single volume a prodigious collection of legal and historical opinion and documentation. The exercise of re-visiting the case of Samuel Mudd was a procedure useful not just to those scholars fascinated with the intricacies of the legal dis­ pute, but also to historians and readers drawn to this story because of the drama and poignancy associated with this man and his family, caught as if in some time warp of unresolved accusation, guilt and doubt. -Dan Roberts, National Public Radio's "A Moment in Time" This book provides the modern reader with the arguments needed to make the difficult decision as to whether or not Samuel Mudd was guilty as charged of conspiring with John Wilkes Booth to assassinate Abraham Lincoln. -Joseph R. George, Jr., Professor Emeritus, Villanova University • Dr. Mudd and the Lincoln Assassination is thorough history and remarkable courtroom advocacy. Had Dr. Mudd enjoyed benefit of counsel equal to Professor Jones' law students, the defendant-appellant would not have gone to prison. -Douglas Savage, author of The Court Martial ofRobert E Lee A HISTORY BOOK CLUB SELECTION ISBN 0-938289-50-0 90000> ~ COMBINED BOOKS, INC. • 151 East 1Oth Avenue coMBINED Conshohocken, PA 19428 9 780938 289500 B·O •O•K•S Dr .. Mudd and the Lincoln Assassination THE CASE REOPENED Edited by John Paul Jones COMBINED BOOKS Pennsylvania 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 I Oth 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 I edited by John Paul Jones. p. em. Includes bibliographical references and index, ISBN 0-938289-50-0 1. Mudd, Samuel Alexander, 1833-1883. 2. Lincoln, Abraham, 1809-1865- -Assassination. I. Jones, John Paul, 1947- E457.5.D7 1995 364.1 '31 '092--dc20 95-9720 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. i-j .§ Table of Contents i 1 Introduction ............................................................................................ vii Part One. The Appeal Brief on Behalf of Samuel A. Mudd Catherine Stuart Greer, W. Scott Magargee, and fohn 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, Jolrn Jay Douglass, and JohnS. Jenkins ........................................................................ 53 The Judgment and Opinions by the Court Edward D. Re, Robinson 0. Everett, and Walter Thompson Cox lll .......................................................................... 97 Part Two. Commentary His Name was Mudd Frederick Bernays Wiener ........................................................... 117 The Curious Case of Dr. Mudd Forest]. Boruntan ......................................................................... 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
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