John Surratt was the one plotter who got away, was tracked to Italy and Egypt, and walked free when his jury could not agree.
John Surratt Jr., born in Washington, D.C., in 1844, was a courier and spy for the Confederacy, the Southern states that broke away from the United States in the Civil War. He was the son of Mary Surratt, whose boarding house the plotters used, and was introduced to John Wilkes Booth, the actor who shot President Abraham Lincoln, in December 1864 [1].
He joined Booth's plan to kidnap Lincoln and helped bring in George Atzerodt and David Herold. He fled to Canada after the shooting while his mother was tried and hanged. Captured abroad, he was tried in 1867 in a civilian court (not a military one) and released after the jury could not reach a verdict.
He said he was in Elmira, New York, when Lincoln was shot. From Canada he went to England and then Rome, where he served in the Pontifical Zouaves, a unit guarding the Pope's lands (the Papal States), as 'John Watson'. Though there was no extradition treaty (an agreement between countries to hand over people wanted for crimes), the papal authorities arrested him at Veroli, Italy; he escaped by jumping into a ravine. In November 1866 he was arrested in Alexandria, Egypt, still in uniform, by the U.S. consul there (an American official posted abroad to look after American citizens and trade). A recent Supreme Court ruling, Ex parte Milligan, barred trying civilians in military courts when civilian courts were open, so he faced an ordinary jury. He admitted the kidnap plan but denied the murder plot.
The two main sources disagree on how the jury split: one says eight for guilty and four not guilty, the other four for conviction and eight for acquittal. His trial is also where Confederate President Jefferson Davis was tied to the plot.
[Report #200] WHO. 'John Harrison Surratt Jr. was born on 13 April 1844 in Washington, D.C.' (
history.army.mil) 'As postmaster, Surratt also served as a courier and spy for the Confederate Secret Service Bureau.' (
history.army.mil) He 'was introduced to John Wilkes Booth through Dr. Samuel Mudd in December 1864.' (
history.army.mil) 'Surratt agreed to take part in the plan to kidnap Lincoln.' (
history.army.mil) 'John Surratt was instrumental in recruiting George Atzerodt and David Herold into the group of conspirators.' (
history.army.mil)
14 APRIL 1865 AND FLIGHT. 'According to Surratt, he found out about the assassination of Lincoln while he was in Elmira, New York.' (
history.army.mil) A reward was offered for 'John Surratt ($25,000)' (
history.army.mil). 'Surratt stayed in Canada as his mother and co-conspirators were tried, sentenced, hanged, and imprisoned.' (
history.army.mil) 'In Rome, under the alias John Watson, he served in the Ninth Company of the Pontifical Zouaves, which was charged with protecting the Papal States.' (
history.army.mil)
CAPTURE: VEROLI AND ALEXANDRIA. Bryan: 'Although there was no extradition treaty between the United States and the Vatican, it was granted that in a case so exceptional Zouave John Watson should be delivered up and forthwith he was arrested at Veroli, where he happened to be on leave.' (
archive.org) 'On Novem-ber 8th, 1866, he broke away from his six guards and escaped by plunging into a ravine' (
archive.org); 'on the 27th, still in his Zouave uniform, he was arrested at Alexandria, Egypt, by United States Consul Hale; and on December 21st, without objection by the Egyptian gov-ernment, was turned over to Commander Jeffers of the Swatara' (
archive.org). Army guide: 'He eventually was captured in Alexandria, Egypt, on 23 November 1866' (
history.army.mil). The dates (23 vs 27 November) both held.
THE 1867 CIVILIAN TRIAL. 'Unlike the other conspirators, Surratt was not tried by military commission because a Supreme Court ruling earlier that year, known as Ex parte Milligan, stated that it was unconstitutional to try civilians in a military court if a civilian court was available.' (
history.army.mil) Bryan: he 'was brought to trial in the criminal court for the District of Columbia.' (
archive.org) Army guide: 'returned to the United States for a civilian trial in a district court in Maryland.' (
history.army.mil) Both held. 'The statute of limitations had run out on all of the charges against Surratt except the one for murder.' (
history.army.mil) 'During the trial, Surratt admitted to taking part in the initial kidnapping conspiracy, but he claimed to have no involvement in the assassination plot.' (
history.army.mil)
VERDICT. Army guide: 'Eight jurors found him guilty, and four found him not guilty.' (
history.army.mil) Bryan: 'His trial lasted from June 10th to August 11th, 1867, but the jury dis-agreed; four being for conviction, eight for acquittal.' (
archive.org) The split is reported both ways; both held. 'A mistrial was declared, and Surratt was released.' (
history.army.mil) Bryan: 'Arraigned for a second time, he was discharged by the court.' (
archive.org)
AFTER 1867. 'Confederate President Jefferson Davis became linked to the Lincoln assassination conspiracy during John Surratt’s trial.' (
history.army.mil) 'He also went on a lecturing tour in 1870, speaking about the kidnapping conspiracy.' (
history.army.mil) In it he claimed Weichmann '“could neither ride a horse nor shoot a pistol.”' (
history.army.mil) 'Surratt died of pneumonia in 1916' (
history.army.mil).
HELD. The juror split (8-4 which way) — would settle: the printed 1867 Surratt trial record.
THE OCTOBER 2026 RESEARCH REPORT SAID "John Surratt was arrested in Alexandria, Egypt, and extradited with the cooperation of the Papal authorities."; its source says the papal arrest was 'at Veroli' (
archive.org), that he escaped, and that in Alexandria he was handed over 'without objection by the Egyptian gov-ernment' (
archive.org).