The Conspirator Page #2

was planning a military tribunal.

Oh, indeed. Stanton has chosen

nine of his most loyal officers

to be judges, all for Union.

In fact, he's picked one of the Lincoln's

pallbearers to head the Commission.

Uh, let's go.

Uh, I'm sorry, sir.

I might be being a little slow,

but won't the War Department

be handling the prosecution?

Stanton's most trusted

judge advocate general,

Joseph Holt, will be in charge.

Then what are we to do?

Defend one of the eight.

Defend one

of the assassins?

Alleged assassins, counselor.

I had a letter from the lady this morning.

She runs a boarding house,

a Mrs. Mary...

Surratt?

Yes, that's it.

Sir, her son John was Booth's right hand.

Well, if they suspect her son,

they should try him.

They would

if they could find him,

but they've got 250 agents

out looking for him.

She built the nest

that hatched this plot.

President Johnson said it himself.

Well, I know this goes hard

with you, Freddie,

but... but what they're plannin',

which is a military trial of civilians,

is an atrocity.

No, no. What she did is an atrocity.

There's no presumption of innocence,

no burden of proof,

no jury of your peers and no appeal.

All right, you were one

of Lincoln's pallbearers, too.

How can you represent her?

She's entitled to a defense, Freddie,

so I shall defend her.

Mary E. Surratt,

in aid of the existing armed rebellion

against the United States,

you are charged with having received,

entertained, harbored, concealed,

aided and assisted John Wilkes Booth,

John A. Surratt

and their confederates...

David E. Herold...

Lewis Payne...

George A. Atzerodt...

Michael O'Laughlen...

Edmund Spangler...

Samuel A. Mudd...

and Samuel Arnold...

in traitorous and

murderous conspiracy

to kill then-President

Abraham Lincoln,

Vice President Andrew Johnson

and Secretary of State

William Seward.

Pursuant to special orders

number 211 and 216,

how do you plead?

What say you, madam?

Guilty or not?

I am innocent.

In that case,

as each of the defendants

has entered a not-guilty plea,

we will begin.

Judge Advocate Holt,

please proceed.

Just a moment, your honor.

What is it, Senator?

I... I wish to request an adjournment.

An adjournment? We just got here.

My client has been in custody

for a month,

wasn't allowed to contact counsel

until yesterday.

General Hunter, a delay will only serve

to prolong the nation's sorrow.

My learned colleague,

you've had over four week s

to prepare your case,

no doubt assisted by

the entire War Department.

I believe the defendant is entitled

to equal consideration.

Senator Johnson, our fellow citizens must

be permitted to put this tragedy to rest.

The sooner we dispose of this matter,

the better... for everyone.

Everyone but my client.

Judge Advocate Holt, please proceed.

In that case, I move for termination.

Termination?

On the grounds

this trial is unconstitutional.

The defendant is a civilian

entitled to a public trial

before a jury of her peers.

The attorney general has affirmed

the legitimacy of this proceeding.

Has he furnished a verdict as well?

Senator.

You will mind the horror

which summons us.

Indeed.

We all mourn the loss

of our leader,

but in our grief, let us not betray

our better judgment

and partake in an inquisition.

Inquisition? How dare you?

Sounds to me like we have

the enemy among us.

Maryland not being among our most loyal

of states during the war,

its senator ought to certify his allegiance

to this court.

I have served this nation

as its attorney general.

That is certification enough.

Nevertheless,

we may require counsel

to sign this oath of loyalty

as prescribed by Congress.

I am a member of Congress,

the same body that creates armies,

authorizes military tribunals

and makes major generals like you.

Our authorization comes

from the War secretary, Edwin Stanton,

and by order of the president.

If our founding fathers

had desired tyranny to prevail,

the president

and his War secretary

would have been granted

such indiscriminate powers,

but they drafted a Constitution

with laws against such powers.

They did so precisely for times like this.

Order! Order! Order!

I really want you

to do this for me, Freddie.

You're not serious.

As serious as the charges

against our client.

Me? Defend her?

She doesn't stand a chance

with an old Southerner

like me defending her.

She needs a Yankee captain like you.

I'm sorry, sir. I... I can't do it.

No, you'll do fine, son.

Experience matters for nothing

when they're making up the rules

as they go along.

Besides, this government

has never executed a woman.

They've never considered a woman,

nor a man for that matter,

capable of murdering the president.

Sir, I can find you a rebel

to defend her,

but I ca... I won't do it.

There is no court in the Union

that would fairly judge that woman

with a Confederate counsel.

I won't betray my country.

I won't betray my friends

who died defending it.

I'm not asking you to betray

your allegiances, Freddie.

I'm simply ask in' you...

rather tellin' you...

to obey your oath as a... as an attorney

and do your job.

He wants me to represent Mary Surratt.

What?

- What?

- Yeah.

He can't be serious.

They're the actors

from the theater.

Open up.

Thank you, soldier.

That'll be all.

This conversation is privileged.

Sorry, sir. Orders.

Where is Senator Johnson?

The senator has instructed me

to handle your case.

You understand what you've been

charged with?

Conspiring to murder the president,

secretary of State

and the vice president...

if found guilty, you could hang?

No disrespect, Mr...

Aiken.

Mr. Aiken.

How many years have you?

So you've handled cases

like this before?

There's never been

a case like this before.

But you have defended others.

They've left nothing to chance.

Very well.

You own a boarding house

on 541 H Street?

Is that correct?

Yes.

How long you been there?

Ma'am?

All I know about you

is what I read in the papers.

It's not flattering.

I moved to Washington a year ago

with my son and daughter

after my husband passed.

And the assassins were frequent

visitors to your home.

Yes.

Well, you... heh.

You don't even deny

having been acquainted

with John Wilkes Booth

and the others behind bars?

No, sir, I do not.

My husband died a drunk, Mr. Aiken,

and left me loads of debt.

I had to support my family,

so I rented rooms to boarders.

Those men were customers,

nothing more.

And you never considered

their allegiances?

I didn't ask about their allegiances.

What about yours, ma'am?

I am a Southerner.

I'm a Catholic

and a devoted mother

above all else...

but I am no assassin.

Your freedom is gonna require

greater assurances than that.

Then you tell me what I should say

to those generals.

Oh, you can't say a thing.

You're prohibited from testifying

in your own defense.

Perhaps your son could speak for you.

Any idea where he's hiding?

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