Original subtitles

Two men standing at the Pearly Gates.

The first man says, "How'd you die?"

Second says, "I froze to death.

How 'bout you?"

And the, uh, second man says,

"Well, I thought my... my wife was being unfaithful to me,

- so I ran all the way home." - Come on.

"And burst into the bedroom."

There's nothin' here.

- "She just..." - Look over there.

Yes, sir.

Make sure there's men on...

Here!

We're here!

You take him first.

But, captain, he's as good as...

That's an order.

Sergeant.

Hey, watch it. Careful. Corporal!

Watch his leg.

Hip, hip... Hurrah!

Victory!

Getting a little ahead of ourselves, don't you think?

Will, Lee surrendered to Grant, so have a drink.

- Freddie, have you seen him yet? - A dozen rebel armies still in the field.

I'd say peace is far from in hand.

Hamilton, you could put frost on a Tire.

No, I haven't, but half his cabinet's here. There's Interior...

and Postmaster.

Treasury.

Secretary of Navy.

Where's War?

Ooh, there he is.

God, what I would give to meet him.

What? Wait. Where are you going?

You coming or not?

Are you... Are you mad?

You can't approach Edwin Stanton without an introduction.

Really?

Frederick Aiken.

I've been to Creation and back lookin' for you.

Senator. Uh, Baker, Hamilton,

allow me to introduce the distinguished senator from Maryland,

- Mr. Reverdy Johnson. - Great honor, senator.

Gentlemen, you've done this nation proud.

Thank you, sir.

Ladies. Ladies, may I present two genuine war heroes.

Now you all get acquainted

while I introduce the counselor to some of my,

uh, esteemed associates.

- Ladies. - Hello.

It's, uh, quite a turnout.

- Hello. - It's an honor to meet the lovely...

Victory is like shit to flies, Freddie.

Why, Ed, what a delightful surprise.

Life's full of them, Reverdy.

This is our War secretary, Mr. Edwin Stanton.

Yeah. It's a... it's a very great pleasure, sir.

Mr. Aiken had two horses shot from under him

and never quit the field.

Could use a loyal man like you over at the War Department, Captain.

Sir.

Captain's back to bein' a lawyer.

Time to heal the nation, Ed, not wage more war.

Pleasure as always, Senator.

- Captain. - Sir.

I'm sorry you won't be able to meet the president this evening.

Will he not be attending?

It seems Mrs. Lincoln prefers an evening of theater

to a room full of soldiers.

Anything. I can play anything.

Poor Blind Boy?

I don't know that one. Uh, anything...

Oh, thank you, Nicholas.

Sarah... oh, my God. You look beautiful.

Sarah, glad to see you.

Fred didn't mention you'd be joining us this evening.

- That sounds like Fred. - What sounds like Fred?

Nothing you need to worry about.

How many bottles is that now, Nick?

Uh, nothing you need to worry about, Fred.

Shall we take a stroll?

It's good to have you boys back.

It's good to be back.

It's very good to be back.

Oh, quite right.

Some gals and their mothers would look...

Mr. Vice President.

Yes, Senator?

I'm sorry to bother you, sir, but I need your authorization on this.

Is it really necessary right now? I have so many guests.

I'm afraid it's relatively urgent.

You have to keep the sun out of your eyes,

look straight, pull strong,

calculate the distance,

and you'll hit the mark every time.

- What? - Not sure.

Sir?

Yes, I have a package for Secretary Seward.

We are old friends, Mr. Trenchard,

and you needn't be afraid of us.

I ain't afraid of you,

both of you together.

Want another?

Sir?

Secretary Stanton is a smart man.

The War Department would be lucky to have you.

It was an honor to meet the man, but...

I'm eager to put the war behind me.

You do look awfully handsome in your uniform.

I suppose I'm going to have to get used to you

in civilian clothing again.

So you did miss me?

On occasion.

Now I've no fortune,

but I am filled over with affection

that I am ready to pour over you

like apple sass over roasted pork.

Mr. Trenchard!

You are addressing my daughter, and in my presence!

Yes! I'm offering her my heart and my hand just as she wants them,

with nothing in 'em.

Now, I'm aware, Mr. Trenchard,

that you are not used to the manner of polite...

Pardon me. I'm sor...

Oh.

Shit.

- Oh, no! - Hold it!

Stop! No!

No, please! Don't!

Ohh! Unh!

Help!

Somebody help!

Help!

...To which you have fallen guilty.

Well, I guess I know enough to turn you inside out, old gal,

you sockdologizing old man-trap...

Ohh!

Sic semper tyrannis!

The South is avenged!

He's getting away!

Stop him!

Come on.

Come here, you son of a bitch!

Can't get... let you out of here!

What is it?

- Major? - What's happened?

Lincoln's been shot.

- What? - He's been shot.

You stay here.

Open the door.

Sergeant.

Stand aside.

Over there.

Across the street.

Make way!

Please, stand aside.

Please.

Move back! Please!

- Coming through. - Clear the way!

Back! Stand aside!

Can you see anything?

Open the door!

Try the other door.

Find another way!

Stand aside.

Over here!

Come on inside!

Back here. Back here.

Set him down easy.

Where's the doctor?

Get some towels.

Mr. Secretary, wait, sir.

No. I want to see him.

Make way!

Out of my way!

Move aside!

Out! Move!

- Where is he? - He's down there, sir.

There, sir.

Excuse me, Mr. Secretary.

Take his pulse.

Mr. Secretary, it was the actor, John Wilkes Booth.

Are you certain?

They've performed with him many times. They're positive.

We haven't done anything wrong. It's gonna be all right.

Well, one man did not orchestrate all of this on his own.

Where's Grant?

He's on a train to Philadelphia.

Bring him to me.

I want the commander of the Union army here.

- Move. - Yes, sir.

Put the forts on alert, all guns manned.

And find out which members of the Cabinet are still unaccounted for.

Sir, we should move to the War Department to facilitate operations.

- I'm not leaving him. - Yes, sir.

Damn the rebels.

Damn them all to hell.

Mr. Secretary, sir.

Several names have come up, sir,

including an intimate of Booth's,

a John Surratt.

What is known of him?

21 years old, lives here.

His mother runs a boarding house in town.

Find him.

I want the city closed.

If any of these assassins

get south of the Potomac or up into Canada,

they will never be found.

Right away, sir.

Also the vice president wishes to pay his respects.

When I say it is safe for him to do so.

And keep him away from the liquor.

Yes, sir.

Take that woman out, and do not let her in again.

Let's go.

It wasn't me. It wasn't me.

Move it!

Get up, you!

No!

Booth.

That's for the judge to decide.

Sir.

Well, nice of you to show, Mr. Aiken.

I'm sorry for being late, Senator.

You aware the trial of the conspirators begins today?

Yes, sir. There's not a seat to be had.

Well, now you have one.

How's that, sir?

I've taken one of the cases,

and I want you to be my second chair.

I thought the government 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 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.

[laughs] 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 weeks 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 ind 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 askin' 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?

27.

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?

No, I don't.

All right. Is there anyone who will give your version of events?

You mean the truth?

Well, obviously the government believes your version is not the truth.

Based on what?

They're not releasing their list of witnesses

or the evidence they'll use against you.

And can they do that?

This kind of proceeding,

they can do to you whatever they want.

Well, then what difference does it make?

Those generals have made up their minds.

I can tell by the way they look at me.

The way they look at you?

Just the same way you're looking at me.

I have to go.

Good day.

Mr. Aiken, I haven't a word from my daughter since I've been here.

Would you look in on her for me?

I'd be most grateful.

Thank you.

Soldier.

Frederick Aiken, lawyer to Mary Surratt.

It's perfect.

Pardon?

Anna Surratt?

My name is Frederick Aiken.

I'm representing your mother.

What's perfect?

Uh, nothing.

No, do tell.

I'm sure I've heard much worse.

Well, I was just thinking that this would be the perfect place

to conspire to overthrow the government.

No one would ever suspect.

Right?

You alone here?

Yes.

Why? Are you afraid to be seen with me?

Your mother asked that I look in on you.

Please tell her not to worry,

since I'm a prisoner in my own house.

Where's your brother's room?

Second floor, on the left.

Did you find what you were looking for?

Uh, yes.

Did your brother share a room with an L.J.W.?

Louis J. Weichmann.

He was like a son to my mother. He'll swear she's innocent.

I suppose he's disappeared, too.

Did you fight in the war, Mr. Aiken?

Kill any on our side?

Miss, do you have any documents

indicating who stayed here or a ledger of accounts?

Do you want me to help your mother or not?

Is there anything else you're concealing?

Such as?

Your brother, to start. Look, if you know...

Did you see who threw that?

No, sir.

Are you hurt?

I'm fine.

Mr. Aiken, if you have no further need of me...

Here. I'll give you two to sell.

You have the latest on this one?

That, I'll take two.

Cigars! Jars!

Picture frames!

Original, right here, ma'am.

Who wants a cigar?

Fresh roasted nuts here.

Fresh roasted nuts.

Move along. Mustn't keep it blocked.

Thank you very much.

Left.

Left, right, left.

- Cigars! - Left...

Cigars!

Left. Left. Left.

Left, right, left.

Left...

Company, arms rest.

- March. - Shoulder arms.

Quick step.

Left.

Left, right, left.

A chance to get it back?

There he is.

- Fred. - Hey.

Hamilton here has offered to be your second chair.

Oh. Re... Not a chance in hell.

- No? You sure? - Oh, yeah.

I'll carry his briefcase, but I'm not...

- Sarah. - Fred.

Why are you here?

I'm trying to understand why you're here.

I suppose I should wish you luck.

Come to order.

How is Anna, Mr. Aiken?

She's fine...

looking forward to when you come home.

That's very nice of you to say, Mr. Aiken.

Judge Advocate Holt, will you please proceed?

In the matter of Mary Surratt,

the prosecution calls as its first witness Mr. Louis Weichmann.

I thought he was like family. Why are they calling him?

Place your right hand on this Bible.

I don't know.

Do you swear to tell the truth, the whole truth

and nothing but the truth, so help you, God?

I do.

Please.

Are you acquainted with the defendant, Mary Surratt?

Yes. Yes, I am.

I attended Divinity College with her son John.

And until recently,

you resided at the boarding house

owned by Mary Surratt. Is that correct?

That is correct, sir.

Were any of these men ever present in her home?

Yes, sir.

These three over there

on several occasions.

Let the record reflect that the witness has identified

the prisoners Herold, Payne and Atzerodt.

And who invited these men?

John Surratt.

Objection.

Objection?

Uh, uh...

There's no way to prove that John Surratt

even knew these men, let alone invited them.

Mr. Surratt's absence from this proceeding

is Mr. Surratt's problem.

Objection overruled. Continue, Mr. Holt.

Was John Wilkes Booth also a frequent guest of John Surratt?

Indeed, but all the Surratts adored him...

John, his sister Anna and their mother, too.

And were there ever meetings

held at the boarding house involving Mr. Booth?

Many, sometimes lasting two, three hours

and always in secret, behind closed doors.

And did you ever see Mary Surratt

object to these, uh, meetings?

No, sir.

Or to the presence of those men?

No, she did not.

- Thank you. - She appeared to welcome them.

Thank you. That'll be all, Mr. Weichmann.

How long did you say these secret meetings lasted?

At least two, three hours.

You were timing them?

Eh, if you were timing them,

I suppose these secret meetings

were not, in fact, kept secret from you.

I knew about them, sir,

but I had no knowledge of what they were about.

And that is because you never attended any yourself, correct?

Exactly.

Why was that?

I thought them suspicious.

Suspicious?

Well, then, you see, you did know what they were about.

No, sir, I did not.

Then why were your suspicions aroused?

By the snatches of rebel conversation

I overheard in the hallways and by their frequent whisperings.

Well, in that case, if it was of such great concern to you,

why did you not report your suspicions to your superiors at the War Department?

I did.

Excuse me?

I did reveal my suspicions.

I made a confidant of Captain Gleason in the War Department.

Mr. Aiken, if there's nothing else...

Counselor, will that be all?

Uh, yes.

Uh, no.

No. No, I do have something else.

Tell me, Mr. Weichmann. Tell us all.

- You ever been in Richmond? - Objection.

I merely wish to know if the witness

has ever visited the capital of the Confederacy.

I don't recall.

Then perhaps this train receipt will refresh your memory.

It indicates passage to Richmond,

and it has your initials on it.

Yes.

That's right.

I considered continuing my divinity studies there after the war.

I plan on becoming a priest.

That's very nice.

Do you recall, Mr. Weichmann,

at which institute in Richmond you were thinking of enrolling?

The name?

Yes, Mr. Weichmann, the name.

Well, uh...

- There is no academy of the kind... - Objection.

...In Richmond, is there, Mr. Weichmann?

- In fact, perhaps you visited Richmond... - Objection, General.

...For another purpose entirely.

Objection sustained.

You worked for the general in charge of rebel prisoners, did you not?

Yes.

So?

Perhaps a distinguished clerk like yourself knew certain information.

What sort of information?

Information that might have been of divine interest

to certain rebels within the capital of the Confederacy.

Objection, General.

The witness is not on trial here.

Well, he ought to be!

Objection sustained.

The witness is not on trial.

Sir, I am merely trying to establish the witness' credibility

or rather the lack of credibility of this man.

Mr. Aiken, you are incriminating the witness.

Incriminating? Sir,

Louis Weichmann shared a room with John Surratt.

I have a ticket that puts him in Richmond.

I think it reasonable to assume

that he knows more about this plot to assassinate our president

than he supposedly reported.

What Mr. Aiken thinks is entirely immaterial.

Counselor, unless you have something more relevant to ask,

the witness will step down.

No.

No, I have nothing more...relevant to ask.

You never... you never ask a question

you don't know the answer to.

I know. I know.

How... How did you know Weichmann was lying about Richmond, Fred?

- I didn't. - You didn't?

S-so you gambled twice?

How did you pass the bar?

Well, Will, it worked.

I mean, Fred made Weichmann look as guilty as the others.

- It was perfect. - You're right.

And that's the problem.

They all look guilty.

Freddie, I'm sorry.

First the senator drops your client like a load,

and then with all these secret meetings taking place,

either she knew what was going on...

Or she damn well should have known.

Senator?

In here.

I think she's as guilty as Booth.

How could I possibly defend her?

You assume that she's guilty, like the Commission.

You don't have any proof.

Proof or no,

don't give a damn what happens to her.

I tell you what.

If you can prove that she's guilty,

you can take yourself off the case.

Thank you, sir.

You think it'll be that easy?

I know it.

Pardon me, Father.

I wish to confer with the prisoner.

Alone, if you don't mind.

It's... It's quite all right, Mary.

I... I must be going anyway.

All right. Well, thank you for visiting, Father.

I'll see you soon.

Your words were most comforting.

The Lord's with you.

She's refusing to eat.

I've tried to convince her to no avail.

Perhaps you could help her.

"Search me, and know my heart.

"Try me, and know my thoughts.

And see if there be any wicked way in me."

"The Lord knows the way of the wicked.

And the way of the wicked will perish."

You know your Proverbs, young man.

My father was a minister.

He taught them to me as a child.

So, what is it you wish to know?

Why Booth and his associates were constants in your home.

I ran a boarding house, Mr. Aiken.

Forgive me if I chose to fill it with boarders.

I checked your registry, ma'am.

There's no record Booth ever stayed at your home.

No, the fact is he stayed at the National whenever he came to Washington,

so why was Booth in your home?

I suppose my son invited him. They were friends.

Famous actor like Booth?

Engaging your son out of friendship?

Mr. Aiken, my son is no less a gentleman than you

and very capable of forming acquaintances in society.

I've... I've read all about your family's acquaintances, ma'am,

about how your late husband contributed to the Confederate cause

and about your Gentleman Johnny.

What about him?

He made quite a sum as a courier carrying rebel secrets across Union lines.

Oh, I'm well aware

of what your family's capable of, Mrs. Surratt,

so I know you're not telling me the truth.

Well, then you know what I do not.

You were despondent over losing the war,

and you would have done anything you could to save the Confederacy,

including using your own son John.

Honestly, Mr. Aiken.

So you arranged a meeting with Booth,

figuring he'd befriend your son because of what he knew,

what expert couriers do know.

And what might that be?

The best escape routes out of town.

Your son was supposed to lead the others to freedom that night, wasn't he?

Except he was the only one that got away.

My son was in Canada that day.

Can you prove that?

I received a letter on April 14,

same day as the assassination,

sent from Montreal.

Where is this letter?

I don't know.

I'm done,

done defending your lies.

You're so blind with hatred, Mr. Aiken,

you can't even see the truth.

Yes, my son hated the North. We all did.

How can a Southerner feel anything but bitterness toward your side?

But my son did not conspire to kill your president.

He conspired to kidnap him.

All right, here he comes.

Ready your mount.

Surratt, where the hell's Booth?

He'll be here.

All right, steady.

Wait!

He's not coming!

Lincoln's changed his plans.

- What? - He's still in town.

He just gave a speech at the National.

Anna, back upstairs.

Who was in the carriage?

Doesn't matter. What matters is he wasn't in the carriage.

You should have known.

What about the weapons?

We need to hide these weapons.

We can take them to Lloyd's.

I'll take 'em.

You'd shoot your own foot off.

I said I'd do it.

Don't push me.

Enough!

Fools like you are the reason we can lose this Tight.

Johnny Surratt, I'd like a word with you, please.

Well, answer, Johnny. Your mama's callin'.

They planned on ransoming Lincoln in exchange

for all the Confederate soldiers in your prisons.

Why didn't you report them to the authorities?

Because one of them was my son.

So rather than kidnap him,

your son helped murder the president instead.

No.

They nearly got the vice president and the secretary of State.

No, it's not true. it's not my Johnny.

Damn it, ma'am, you just said he was Booth's right hand.

My son is not a murderer, Mr. Aiken.

All right, then.

Swear to it.

Supper will be ready shortly.

John?

Can't stay, mama.

I have to leave town straightaway.

What's so pressing?

Nothing that need worry you.

Just some cotton speculatin'. That's all.

Don't sport with me, son.

You're not steppin' outside this house.

Don't talk to me like I'm a child!

Richmond's falling. Something must be done.

Johnny, I'm aware of the news from Richmond,

and it pains me terribly.

Supper's ready.

Wh-what is it?

I'm leaving town.

No, you're not leaving town.

Yes, I am.

You and Anna are the only family I've got left,

and I'll be damned if I let you go out there and do something else foolish.

- Foolish? - Johnny...

What I'm fightin' for is far more important than any of us.

Your family is more important than anything.

That is your responsibility!

All of our men are buried underground right now.

- The war is over. - Oh, you're wrong about that.

There is nothing left for you to do.

The war is far from over, and there's still plenty I can do.

- Johnny, please. - Unhand me, Mother.

- Unhand me, Mother. - Please, Anna.

John!

Mother.

John, are you coming or not?

Johnny, please.

If this cause ain't worth fightin' for, then what is?

So that was the last time you saw your son?

Yes.

Less than two weeks before the assassination?

Yes.

So then, you see, you admit

that your son conspired to kill President Lincoln.

I don't know.

May God help you.

Honestly, Mr. Aiken, I don't know.

Lord, I pray not.

All I know is that I did not.

I swear.

Miss Surratt.

You have to tell me exactly...

How is my mother?

She's managing. You have to tell me

exactly what happened here.

What do you mean?

Do you know that Louis Weichmann, uh, your friend,

testified against your mother

after you told me he was like a son to her?

What went on here?

Why should I trust you?

Because your mother told me everything.

She told me about John.

She told me about the plot to kidnap President Lincoln.

Anna, did you try and stop him?

How was I supposed to do that?

'Cause you're his older sister.

You don't know how stubborn my brother can be.

All right. Did your brother conspire to kill the president?

My brother left town weeks before the assassination.

It proves nothing. Look, the night he left the boarding house...

I've said all I will.

Miss Surratt, I'm trying...

I'm trying to help.

By condemning my brother?

Mr. Aiken, my mother would never allow that, and neither would I.

Oh. All right. All right, look, you knew about Weichmann.

If you know any potential witnesses the prosecution might call

or what evidence they'll use against her,

you must tell me.

Will you help me?

Let us proceed with events

following the assassination of President Lincoln.

On the night of April 17,

what were your duties, Major Smith?

I was charged with finding John Surratt,

and we were searching the house.

Major, I found these.

They were here in the daughter's bedroom.

Major Smith, please read aloud what's inscribed here.

"Sic semper tyrannis. "

Could you translate?

Of course. "Thus always for tyrants."

Are those words familiar to you?

Indeed.

Booth yelled them after he cut down our president.

You found the same three days later

in her daughter's bedroom next to a photograph

of the assassin himself.

Like a shrine, sir.

Uh...

Please continue.

Uh, objection.

Sic semper tyrannis is the state motto of Virginia.

It hardly constitutes proof of a shrine to Booth.

No further proof is needed, Mr. Aiken.

Proceed, Mr. Holt.

Continue, Major Smith.

As I was fixing to take the Surratts to headquarters for questioning,

there was a knock at the door.

You all right, ma'am?

I... I must be mistaken.

Wait a minute.

Whom do you wish to see?

Uh, Mrs. Surratt.

This is her place. Bring him in.

Is she expecting you?

She sent for me, asked me to dig a gutter for her.

At this time of night?

In the morning. I just wanted to know what time.

Bring Mrs. Surratt in here.

Ma'am, did you hire this man to dig a gutter for you?

No, sir.

Do you know this man?

No, sir.

Is this the man she denies knowing?

No, sir.

Is this the man she denies knowing?

Yes, sir.

Lewis Payne.

The same man boarded at the Surratts'

prior to daggering the secretary of State and his kin.

Yes.

Thank you, Major. Nothing further.

Major Smith, are you aware that Lewis Payne

boarded at the Surratts' under an alias,

claiming to be a Baptist minister from Baltimore named Wood?

That's what she claimed.

She claimed?

I would like to submit into evidence this ledger of guest accounts

from the Surratt boarding house.

Supposing, as this evidence would seem to suggest, that that were the truth...

suppose Mrs. Surratt simply failed that night

to recognize Wood the preacher

in the guise of Payne the ditch digger.

He was standing in full view of her not three paces.

General Hunter, since accepting this case,

I have come to learn that my client's eyesight is defective.

I have here a sworn affidavit from her doctor stating just that.

Major Smith, it was dark. It was nighttime.

Isn't it possible Mary Surratt simply...

failed to see him?

If I saw a man dressed as a preacher

and two months later a laborer,

then I would recognize him as the same person.

Thank you, Major Smith.

A simple yes or no will do.

Is it possible she failed to see him properly?

Yes, I suppose it's possible.

No further questions.

The prosecution seems unable to present any proof of guilt

beyond a reasonable doubt.

Uh, could somebody bring me the transcript of today's trial?

Shall I read it aloud to you?

Oh, Ed.

Your young associate is putting up a spirited defense.

Reminds me of a certain lawyer I had to face 25 years ago.

Ah, he learned to fight in your army.

Can I get you a drink?

No, no. No, I won't be staying long. Reverdy...

You've done as much for this nation as any man I know.

Oh. Feeling's mutual, Ed.

Don't you think it's time for us two old war horses to call a truce?

Not if you insist on staging this travesty.

This trial will do more to keep the peace

than any paper treaty could.

Heh. How'd you convince yourself of that?

Because justice, swift and firm,

will help deter the South from ever conspiring again,

as well as discouraging the North from seeking revenge.

What about the rule of law?

My first responsibility is to ensure that this war stays won.

Oh, and this is how you do it,

by keeping fear alive as long as you see fit?

Look. "Stanton warns of future rebel plots,"

uh, water supplies poisoned, um...

firebombing cities.

Uh, yellow fever spreading all over the place.

This is a frightened country, Ed.

You don't need to scare us any more.

And who is to say that none of these things could happen?

The unspeakable already has...

Our president assassinated, 600,000 dead.

The world has changed, Reverdy.

Abandoning the Constitution is not the answer.

You may prefer dining alone.

I just hope your young associate does as well.

If he pushes too hard,

he will make enemies who will not soon forget.

On this, you know I'm right.

I'm here to see Secretary Stanton, boys.

Stand down.

Sorry, sir. Mr. Stanton doesn't see anyone without an appointment.

Well, good morning, Mr. Aiken.

Morning.

Perhaps I can be of some assistance.

If you can arrange an appointment for me with the secretary, you can.

Unfortunately he's quite busy right now,

but perhaps you'd care to have a word with me instead.

Please.

My client is unwell.

So I hear. Touch of the woman's curse.

I'm sure she'll be well enough to continue her trial in a few days.

She's been in solitary confinement for over a month.

She hasn't eaten in over a week.

She's refusing to eat.

All the prisoners are fed daily.

Soft bread and salted meat.

Unless she has a proper meal and some fresh air,

I can't guarantee she'll be it for trial.

One of the conspirators refuses to be guarded by a Negro,

and the other insists on only eating his mother's cooking.

We can't accommodate every whim.

Come now. I am merely asking for you to stop treating her like a savage.

How dare you accuse us of savagery?

Have you forgotten how our own were treated by the rebels?

Of course not.

Well...

But Mary Surratt is in serious decline.

If this treatment of her continues, she will not be sound of mind.

And I trust that is something the government wishes to avoid.

I may have a way to serve all interests.

I'll deny ever telling you this. Understood?

Father.

Counselor.

Feel that sun.

Do I have you to thank for this?

Well, thank you.

Well, if I could just get you to start eating.

Left. Left.

Left, right, left.

Company halt.

Maw, there's something I need to ask you.

I've never seen you at a loss for words, young man.

Do you know where your son is hiding?

Johnny?

Of course not.

Government believes you do.

What do you believe?

I believe you know more than you're willing to tell me.

Uh, have you ever cared for something greater than yourself?

I've spent these last four years

fighting for something greater than myself,

so don't...

Then we are the same.

Mary, you have to tell us where your son is.

Us?

I have to tell "us"?

Whose side are you on?

I'm trying to defend you.

By suggesting I trade my son for myself?

You're trying to save you, Mr. Aiken.

I wish I could give you what you need. I truly do.

But if you want out, you'll have to find another way.

I'm gonna take a walk.

It's so nice out.

Do you care to walk with me?

So we're stuck in these shallow trenches.

We're surrounded on all sides.

Nobody knows what to do. Nobody knows what to say.

We're frozen, completely petrified.

And then from somewhere up on the hill,

we hear this loud booming Southern voice.

It's the rebel general.

He yells, "Y'all boys better say your prayers,

because there are 400 of us and only 100 of you."

You can stop right there, Baker.

And so then this madman, he stands up,

and he yells back to him, and he says...

he says, "Hundred? Heck, we've got less than that.

But we don't surrender, so come and get us."

And with that,

he pulls down his pants and bares his arse.

You didn't.

- I didn't. - What?

It doesn't seem as though Fred ever intends to surrender.

Ah, it appears he already has.

She's fair, fit and 40.

Is it true Mrs. Surratt is a Catholic,

wears black from head to toe?

I hear she spits in the faces of every Union soldier she encounters.

Apparently she wears a necklace made from the bone of a Union soldier.

Seriously, Fred, do you honestly doubt she's guilty?

So, okay, who would like to dance?

- Yes. - Yes. Good.

Dance?

It's more like a wake.

I suppose I should have dressed more like Mrs. Surratt.

Fred, what are you doing?

I'm enduring the pain of having to listen to Baker.

You know what I mean.

If she's found guilty, they'll say you weren't up to the task.

And God forbid you prevail.

They'll think you just as much a traitor as she.

Baker, how 'bout something a little happier?

- Little happier? - Yeah.

All right, Fred. Happier, he wants.

William's right, you know.

Either outcome, you cannot prevail.

Sarah.

What is it about Mary Surratt you ind so compelling?

These are criminal, despicable people, Fred.

They're... they're the same sort of people

you risked your life fighting against,

and she helped kill your commander in chief.

I don't know what she's guilty of.

May I ask you one more thing?

What is it, Sarah?

Does the captain remember how to dance?

Of course.

Few people will forget what side you fought on.

Trust me. It can be lonely.

I'm just upholding my oath as an attorney

and doing my job. It's what you asked.

It's what you told me to do.

This habit of quoting me back to me could become most irritating.

You have your mother's convictions and your father's annoying habits.

Well, "Maw Surratt is entitled to a defense, Freddie,

so I shall defend her."

If they want John Surratt,

then you should serve him up on a platter.

I... I don't mean, uh, physically. I mean in spirit.

You have to prove to the Commission

that he is responsible, not her.

She's not gonna like that.

Mr. Lloyd, you are a tenant of Mary Surratt, are you not?

Yes, sir.

I run a tavern some 10 miles from the city

on a property she owns.

And on the afternoon that President Lincoln was assassinated,

did Mary Surratt pay you a visit?

Yes, sir, in the company of Louis Weichmann.

And she brought you a package, did she not?

Yes, sir. That's correct, sir.

Small package wrapped in newspaper.

Did she tell you where the package came from?

Said it came from John Wilkes Booth.

John Wilkes Booth!

And what exactly did she give you?

Objection.

There's no way the defendant could have known what was inside.

He just testified the package was wrapped.

Overruled.

Witness will answer the question.

Mr. Lloyd, what was inside the package?

Field glasses, sir.

Field glasses?

Field glasses like these?

Exactly.

With the initials "J.W.B." inscribed on them.

Did she give you any instructions?

Sir?

Instructions, Mr. Lloyd?

Instructions which may affect this trial?

Oh. Yes, sir.

Ahem. She told me,

"Lloyd, get those shootin' irons ready.

There will be parties here tonight who will call for them."

You liar!

Order!

- He's a liar! - Order!

- It's a lie. - Order!

Control yourself, madam.

Such outbursts will only prejudice your case.

Oh, Lord.

I just don't see how I could possibly further prejudice this case, sir.

Counselor, you will control your client.

General.

Shooting irons!

Shooting irons.

And to what was she referring?

Army rifles, sir,

hidden in the joist above the dining room.

And what else did she tell you?

She said I was to get two bottles of whiskey ready, too.

And were these things called for,

as per the defendant's instructions?

Yes, sir.

About midnight, sir,

the night of the assassination,

by two men on horses, one...

I'd seen before.

T'other was a stranger to me.

I brought the items, thinking these were the parties Mrs. Surratt meant.

Two of 'em rode off so fast,

they could have outrun Creation and give it two-mile a start.

Your witness.

I did not...

Mr. Lloyd.

Mr. Lloyd, you just testified

that Louis Weichmann accompanied the defendant that afternoon.

Right.

So then I can correctly assume

that he would also testify to having heard her instructions to you.

No.

She took me out by the woodpile out of earshot.

So you're saying that nobody heard this conversation,

just you and her.

Way it happened, sir.

Of course it is.

Of course it is.

When did you learn of President Lincoln's assassination?

Well, who can forget when they heard?

The next morning, a Captain Cottingham told me.

He was searching for the assassins.

No doubt, you were most upset.

Indeed.

I got myself right smart in liquor.

Yes, you're... you're right smart in liquor most days,

- aren't you, Mr. Lloyd? - Objection.

In fact, I hear that you're your own best customer.

Objection.

Sustained.

This Captain Cottingham,

did he ask you anything in reference to the assassins?

He asked if any parties had passed through.

Naturally I told him about the two I knew.

Actually, you did not.

According to this witness report,

you said nothing for two days.

I was frightened is all.

I feared the assassins might come for me.

Perhaps, though, you were afraid that the authorities

might consider you an accessory.

Well, it was through the Surratts that I got myself in such difficulty.

The Surratts.

Don't you mean John Surratt, to be more precise?

Wasn't it he who brought the shooting irons

to your tavern door in the first place?

Yeah.

And he showed you where to hide them?

I didn't want to.

So you're saying that he asked you,

forced you to do so against your will.

Yes.

So he brought them to you,

he showed you where to hide them,

and he forced you to hide them against your will?

That's right. Yes, exactly.

If John Surratt was capable

of putting Mr. Lloyd, Louis Weichmann

and Lord knows how many others at risk,

who's to say he didn't do the same to his mother?

- Objection. - Stop this!

- Sir, it seems the... - Stop it right now, Mr. Aiken.

- It seems the only thing... - Objection.

- General, objection. - that Mary Surratt might be guilty of

- is having given birth to her son John. - How dare you?

Objection sustained. That will be all, Mr. Aiken.

Just to be clear, Mr. Lloyd,

it was the defendant, Mary Surratt,

who just hours before the assassination

brought you field glasses

and instructed you to prepare rifles and two bottles of whiskey?

Yeah.

Thank you.

General Hunter,

members of the Commission,

the government rests its case against Mary Surratt.

That'll be all, Mr. Lloyd. You may step down.

What did they promise you to say that, Mr. Lloyd?

Counselor, I'm warning you.

Bet a case of whiskey's all it took.

You best hush up. I'll put you in the ground, boy.

Mr. Aiken, you will sit down, sir.

You shut him up.

Sit down, sir.

Now...

we will adjourn.

When we resume,

the defense may call its first witness.

Left. Left.

Excuse me, sirs.

Uh, Captain Cottingham?

Yes.

Can I have a word with you, please?

Sir.

And did you interview John Lloyd,

the man who runs the tavern on Mrs. Surratt's property?

Yes, right after the assassination.

And did he tell you that Mrs. Surratt

asked for rifles and whiskey?

Yes. Lloyd said Mrs. Surratt asked him to do all those things.

Uh, excuse me?

Did we not talk just yesterday?

We did.

And did you not say

that Mrs. Surratt never asked for whiskey or rifles of John Lloyd?

I do not deny that.

And now you're swearing,

under oath, that what you told me then was a lie.

Yes. I lied to you 'cause I thought you had no business to ask me.

No business? I...

You're my witness.

Should I not expect the truth?

I state here that I did lie to you,

but under oath, now I'm telling the truth.

Mr. Holt, do you wish to question the witness?

Uh, no. I believe what we've heard is more than sufficient.

Captain, you may step down.

As you know, tonight marks

Washington's celebration honoring our troops,

so we will adjourn.

It's not enough, is it, Mr. Holt?

It's not enough that you, uh...

you set the rules. You... You pick the judges.

Now you have to turn my witness as well.

Counselor, control yourself.

Control the prosecution.

Mr. Aiken.

Every witness I wish to call has either been turned by jail or the threat of it.

That's enough!

There is no limit to how far the prosecution is willing to go!

Stand down, counselor, or I will hold you in contempt.

You had better comport yourself in a more appropriate manner,

or you will find yourself incarcerated with the others.

Good evening.

Good evening, Douglas.

- Ma'am. - Good evening.

Mr. Aiken, may I have a word with you?

Of course. Would you excuse me?

MAN: His first day on the job.

I'm sorry, Mr. Aiken.

It's all right, Douglas. It's not your fault.

Frederick!

Uh, Nick, would you escort Sarah upstairs for me, please?

Sure, but, uh...

- Is everything all right? - Everything's fine.

Come on, Sarah.

Even with one good leg, I can still outdance him.

Another night, Nick.

Sarah.

Sarah, where are you going?

"Conduct unbecoming."

I'm sorry about the party.

You think I care about the party?

Please. Everything will be all right. I promise you.

You are just like that woman,

ready to go to the gallows for the most pointless cause.

People do get left behind when you do that.

I can't ignore what's going on in that courtroom.

But you can ignore me, us?

I didn't say that. Please, I have to do this.

Do you?

I find your devotion to this frightening.

I waited such a long time for you.

I'm so sorry.

I know. But I'm back now.

No, you're not.

I am. I... ple...

Sarah, please, will you just...

We have to... we have to talk about this.

Fred, I love you. I...

I wish I could do this. I just... I can't.

I just can't.

Wait. Let me see you home at least.

Please wait.

Uh, Mr. Secretary.

I have to speak with you.

Mr. Aiken, perhaps this isn't the best time.

What is happening to Mary Surratt is an abomination.

Stand down, Captain.

It's all right.

Would you escort Mrs. Stanton in?

I'll just be a moment.

Yes, sir.

Young man...

always indebted to you for your courage in the field,

but you must learn to tread lightly.

Tread lightly?

I will not tread lightly.

You have predetermined her fate.

Mary Surratt's fate rests entirely with the Commission.

My concern is preserving our Union.

Why did I fight for the Union if my rights aren't assured?

You tell me.

Fine words for rallying the troops, not for running a nation.

They assassinated our president,

and someone must be held accountable.

The people want that.

It's John Surratt you want. You don't even want Mary.

I'll settle for either one.

If you'll excuse me, my wife is waiting.

Mr. Aiken.

May I come in?

- It's late. - I know.

I need you to testify.

Very well.

I'll tell them my mother's innocent.

I need you to tell them that your brother is not.

I won't do it.

You know what'll happen to her if you don't?

Anna...

Your brother does not need to be saved right now.

Your mother does.

Mr. Aiken,

are there any other witnesses you wish to call?

Uh, yes.

The... The defense

would like to call Miss Anna Surratt.

General Hunter, what is...

Place your right hand on this Bible.

Where's my mother?

Anna, she's just right here,

behind these men.

Why won't they let me see her?

I don't know.

Please, Miss Surratt.

Do you swear to tell the truth, the whole truth

and nothing but the truth, so help you, God?

Miss Anna.

I do.

It'll be all right.

Miss Surratt, can you tell us

when your brother first became acquainted with John Wilkes Booth?

Miss Surratt, you will answer the question.

I believe my brother met him January last.

Three months before the assassination.

He must have been mighty pleased to have befriended such a famous actor.

You'll have to ask him.

Well, I'm sure we'd all like to ask him.

Your brother proudly called himself a friend of Booth's, did he not?

Mr. Aiken, what are you doing?

Mother!

Miss Surratt. Miss Surratt, please.

Miss Surratt.

I never...

asked what my brother's relationship was to Booth.

It was at John's invitation

that he first came to your home, was it not?

Yes.

Does this picture of Booth belong to you?

I found it in a gallery one day, and I bought it.

Your brother must have been pleased that you held his friend in such high regard.

- No. - No?

No. He told me to tear it up and throw it away.

Why?

Why did your brother tell you to destroy

a photograph of his friend, Booth?

No, Mr. Aiken!

- Please. - I beg of you.

- Please. - Order!

Miss Surratt, please.

Answer my question.

I suppose he was trying to protect us.

He was trying to protect you and your mother?

Yes.

Why would he need to protect his family?

Anna, you have to choose.

I suppose...

he and Booth were planning something.

He was planning something.

Did you know what?

Of course not.

When did you last see your brother?

He left at the beginning of April.

Days before the assassination.

Did he tell you where he was going or what he might be planning?

He only said he had to leave.

And did you or your mother try to stop him?

Yes.

- But we couldn't. - How could you? He was angry.

He was frustrated with the war.

He hated the Union.

He would have done anything in his power,

even risk his own family to aid Booth in his cause.

But, Miss Surratt, did your mother conspire with John Wilkes Booth?

Absolutely not.

Thank you.

There are no more questions.

General Hunter, the government understands

why Miss Surratt would be moved

to the most extraordinary lengths to conceal her mother's guilt,

including incriminating her own brother.

My mother is innocent.

Miss Surratt, you are dismissed.

The government no longer deems it necessary to hold you.

You are free to leave.

I just want to see my mother.

Please. I'm sorry, mother.

I'm sorry.

Please. Please, let me see her.

Sir, the defense would push for the Commission

to show some compassion and allow a mother

to see her daughter for a brief moment only.

We will reconvene in the morning.

Frederick, it's me.

Anna.

What are you doing here?

You never asked why I had Booth's photo.

Tear that up and throw it away.

That man is gonna get us all in trouble, if not worse.

I should have thrown it away,

but I didn't.

So you were infatuated with Booth.

I swear I didn't know what he was capable of.

I believe you. But your brother did.

Can you save my mother without him?

Can you, Frederick?

Probably not.

Father Walter!

Father?

Will you excuse us for a minute?

Counselor.

I need to see John Surratt right away.

Anna Surratt sent me.

Well, as I told Miss Surratt, I can only pass along a message.

Where is he?

I don't know.

Only that some in the church have chosen to provide him sanctuary.

You don't seem troubled by their choice.

You prefer he be crucified by this mob?

John is hardly the Prince of Peace.

He's wanted for murder and treason.

Harboring him is not only immoral, Father, it's illegal.

Our laws are written here, counselor, our allegiance to God.

You forgive me, Father,

but that's a bunch of cock and bull.

Bible bears as many interpretations as anything else.

Is there a message you wish me to pass along?

My case summary is tomorrow,

so you tell John Surratt

that unless he surrenders himself,

his mother will most likely be punished for his crimes.

Mr. Aiken.

For the lawyer as well as the soldier,

there is an equally imperative command.

That duty is to shelter from injustice the innocent,

to protect the weak from oppression

and, when necessity demands,

to rally to the defense of those being wronged.

After the most thorough investigation in our nation's history,

the government's entire case against Mary Surratt

rests on three acts...

one, her acquaintance with Booth,

two, her alleged instructions to Lloyd,

and, three, her nonrecognition of Payne.

It is these three acts that constitute the sum total

of Maw Surratt's part in this traitorous and murderous conspiracy.

By themselves, they constitute no crime.

Any one of you or I might have done the same,

but the government insists she did them with evil intent,

largely based on the testimony of two men,

John Lloyd and Louis Weichmann.

Yet, at best, the actions of these men undermine their credibility,

and, at worst, they have done the unspeakable...

they have gained their freedom

by falsely accusing another of their crime.

There can be no doubt as to the principal and real reason

that Mary Surratt is here today.

It's because of her son, John Surratt.

He invited Booth into her home. She did not.

And he hid rifles and ammunition in Lloyd's Tavern.

She did not.

If John Surratt was part of this conspiracy,

I pray to God that he receives every punishment known to man,

but if his mother can be convicted on such insufficient evidence,

I tell you none of you are safe.

Members of the Commission,

do not permit this injustice to Mary Surratt

by sacrificing our sacred rights out of revenge.

Too many of us have laid down our lives to preserve them.

Gentlemen.

Gentlemen.

One bullet may have killed our beloved president.

One bullet, but not one man.

Sit with me.

Is there any word?

No. They're still deliberating.

I mean about my son.

I held him too close.

I didn't want John turning out like his father,

so I kept him near.

And when the war broke out, he wanted to enlist,

but I wouldn't let him.

My son just needed to break free...

be his own man.

And this is the way he did it.

All those in favor?

Aye.

Well, then, we are all agreed

on the penalty of death for the prisoners

Herold, Atzerodt and Payne.

What about the woman?

Regarding Mary Surratt,

all those in favor, gentlemen?

No.

Damn it!

No.

No, she must be punished to the full extent.

I want these people buried and forgotten.

The majority prefer a more merciful sentence,

life in prison on account of her age, gender.

I give Mr. Aiken credit.

He knew just how to use the daughter.

It seems so.

You made my sentiments known to the Commission?

Their minds are made.

Then let us change them.

"After mature consideration of the evidence,

"Commission finds you, Mary E. Surratt,

"guilty...

"guilty of conspiring to kill and murder

"President Abraham Lincoln,

"guilty of conspiring to kill and murder

"Andrew Johnson, vice president of the United States,

"guilty of conspiring to kill and murder

"William H. Seward, secretary of State.

“The Commission does therefore sentence you

to be hanged by the neck until you be dead."

Mary Surratt to meet her doom!

Four assassins die tomorrow at noon!

Here you go, sir.

Mary Surratt to meet her doom!

Four assassins die tomorrow at noon!

Mr. Surratt.

Here, sir.

There must be something we can do.

You have three options:

Petition the president for a stay of execution...

but, uh, he won't do that,

because if he did, people would think

he was part of the conspiracy.

Uh, two, apply for a writ of habeas corpus

to retry her in a civilian court,

but no judge would oppose Stanton

or the might of the War Department.

Uh, and, three, John Surratt

shows himself before noon tomorrow.

Are you going somewhere?

I have business in Baltimore.

What?

You... You can't leave now!

It's over.

Freddie, she's not your mother.

If John Surratt won't give himself up for her,

then why should you?

Freddie!

Frederick Sebastian Aiken, we know you're in there!

Open the door now. Come on.

Fred... ah, there he is.

Well, if it isn't the reclusive Master Aiken.

We thought you could use this.

Hamilton, how well do you know Judge Olin?

What are you doing?

You think he'll give me a writ of habeas corpus?

You can't pursue a writ.

They won't allow me to appeal this verdict,

so I'm gonna appeal for a new trial.

If you do this, you will humiliate Stanton,

and he will destroy you.

The hell with Stanton.

Why do you... Why do you insist on standing by her?

Hey. Hey, it makes no sense.

What they're doing to her is wrong.

If John Wilkes Booth himself was tried in the same manner,

it would still be wrong.

Hamilton, she's to hang in less than 12 hours.

Judge Olin's out of town.

He would have been my first choice.

What about Wylie?

Maybe Wylie.

He's, uh- -he's always been known as a Free Thinker.

Yes. He's been around for ages, but he was the closest to Lincoln.

Then what about Carter?

Not a chance. He was with Stanton on the night of the assassination.

Besides, they have dinner together once a week.

Then you're saying that Wylie is my best option.

No. Your best option is to stop this nonsense

and help us empty this bottle.

Better listen to the man.

Judge Wylie?

I, uh... I need to apply for a writ of habeas corpus.

At this hour of the night?

I'm sorry, sir. It can't wait.

Interrupting an old man's sleep?

I'd say you're getting off on the wrong foot, son.

It's for Mary Surratt.

A new trial...

in a civil court by a jury of her peers.

Is that what you want, Mr. Aiken?

Yes, please, Your Honor.

So we can relive our president's assassination all over again.

That's not my intention.

Then to what intent?

Might this not result in exactly the same thing?

Perhaps, but results should not be our only measure of justice.

Are you going to lecture me on justice?

Sorry, sir.

You realize that I was personally appointed by President Lincoln.

Yes.

And yet you still come to me.

Forgive me, Your Honor,

but are we not obligated to follow the law at all times,

regardless of our emotions?

And is this not driven by emotions?

Isn't that what this is all about?

It's about preventing injustice.

Now, I know that the people are still angry.

Yes, they are, and so am I.

But I hope, I trust that President Lincoln

appointed you because you hold the Constitution sacred.

Whether you believe Mary Surratt is guilty or innocent,

the Constitution was intended...

And now you're gonna lecture me on the Constitution.

...To protect the rights of all citizens at all times in peace or war.

And in a matter of hours,

it will have failed to protect her unless you sign that writ.

You believe she's innocent?

I don't know.

But if we don't get a proper trial, we never will.

You can't go in there! Wait!

I'm so sorry, Mr. Secretary. I tried to stop him.

It's all right.

Good morning, Joseph.

Good morning.

It appears that Mr. Aiken has procured a writ signed by Judge Wylie.

Good day.

Before you go, Captain,

tell me...

when you first learned that our secretary of State

had been butchered to within an inch of his life

and that they put a bullet in the back of our president's head,

when this city was in chaos,

did you not wish to see order restored and justice served,

or were you just concerned with the rights of the assassins?

It's not justice you're after. It's revenge.

I would never go to such lengths out of vengeance,

but to ensure the survival of this nation, I would do anything.

Maw Surratt was a party to the most grievous crime in our history.

Necessity demands that she be given a swift, sure and harsh sentence.

I, too, hold sacred our rights, counselor,

but they count not at all if our nation ceases to exist.

Please see to it that Mary Surratt

is delivered to Judge Wylie's courtroom no later than noon...

sir.

Let's go. Come on. Stay there.

You will have to stand trial again,

but it will be a civilian trial.

And a civilian trial has no generals.

That's correct. No generals.

Bless you, son.

Bless you.

Oh, Mama.

Anna.

Should only be three.

It's time, ma'am.

What are you doing?

We need to prepare her with the others.

No. No, she is to be transferred to Judge Wylie's court.

I advise sedating the young lady.

You'll do no such thing.

Anna. I have procured a writ that says she is to get a new trial.

President just suspended your writ.

I'm sorry.

She's to hang with the others.

No.

No. Frederick, do something.

I'm so sorry.

Oh, no.

No. No, no, no, no.

No, Mama. No. No, Mama. No.

I'll always be with you.

No! No! Oh, Mama, no!

I love you, Anna. I love you.

No!

Oh, God, no!

Mama!

Inter arma, silent leges.

"In times of war, the law falls silent."

It shouldn't.

Word is the last Confederate general surrendered to Union troops.

Peace.

Peace at last.

I am hereby commanded

to cause David E. Herold,

G. A. Atzerodt,

Lewis Payne

and Mary E. Surratt

to be executed

in accordance with the order of the president of the United States,

Andrew Johnson.

The Almighty God bless you.

Stand your prisoners up.

Step them to the noose.

Okay, sir. I'll show you where he's at...

No, I know the way.

Mr. Aiken.

I didn't think you'd come.

I don't know what help I can be to you.

I've left the law.

I just wanted to thank you

for the kindness that you showed my mother.

Believe me, Mr. Aiken,

I never thought they'd kill her.

Father Walter asked that I give you these.

They were your mother's.

I hope they can be of some comfort to you.

They belong to you.

You were more of a son to her than I ever was.

Thank you.