The Judicial Murder of Mary E. Surratt

David Miller DeWitt’s The Judicial Murder of Mary E. Surratt is a searing historical indictment of the U.S. government's handling of the Lincoln assassination trials—particularly the execution of Mary E. Surratt, the first woman ever put to death by the federal government. Published in the late 19th century, the book argues that Surratt’s trial and execution were not just miscarriages of justice but deliberate acts of political vengeance. DeWitt, a lawyer and historian, meticulously reconstructs the events surrounding the assassination of Abraham Lincoln, the military tribunal that followed, and the role of key figures like Secretary of War Edwin Stanton and Judge Advocate Joseph Holt. DeWitt critiques the use of a military tribunal to try civilians, especially when civil courts were available. He highlights the prejudicial atmosphere in Washington, where grief and rage over Lincoln’s death clouded legal judgment. While acknowledging her connection to John Wilkes Booth and his associates, via her boarding business, DeWitt contends that her link was weak and her conviction based on circumstantial evidence and dubious testimony. The book suggests that Surratt’s execution served as a symbolic act to satisfy public outrage and demonstrate swift justice—regardless of her actual guilt. DeWitt’s writing is passionate, detailed, and unapologetically critical. He portrays Surratt as a tragic scapegoat and the trial as a cautionary tale about the dangers of sacrificing due process in times of national crisis. David Miller DeWitt (1837-1912) was born in New Jersey, and died in New York. Read more