Tag: court




The following procedures can be followed so that you can enter all the
required briefs and motions into court. Remember all motions and briefs
must have an affidavit or declaration attached to it. All papers must be
filed 10-15 days prior to hearing of the issues.

(1) Demurrer/motion to abate (only 1 demurrer can be filed and it must
be filed prior to entering of a plea.) As you leave the courtroom, stop
by the clerks window and file the following motions: (set date for the
same date as the hearing on the demurrer)
(a) Motions in Limine (as many as you want)
(b) Motion to Dismiss for lack of jurisdictional fact.

(2) Affidavit of citizenship (P.C. 1401)

(3) Judicial Notice (as many as you want each covering a different
subject.) i.e. Blacks Law Dictionary, Citizenship, court cases, statutes
(federal or state), prior affidavits or letters under P.C. 1401,

(4) Motion to dismiss (as many as you want each covering a different


After filing your papers, and when into trial, you must first argue the
motions in limine prior to addressing the other motions that you have

Remember the judge cannot use his personal knowledge of the law or
feelings while ruling from the bench, he can only rule on the evidence
before him. Explain this to him by saying, “Your Honor, the court cannot
use its personal knowledge or feelings in rendering its decision, but,
must rule on the evidence submitted to the court.”

Did Booth act alone?

Did Booth act alone?

No. He had several coconspirators. Perhaps the most interesting was Dr. Samuel Mudd.  In the 1865 conpiracy trial Mudd claimed he didn’t know Booth. However, Dr. Mudd had stayed at Surrat’s boarding house (where the conspiracy was hatched) and it was possible, even likely he knew John Wilkes Booth. More on this later. What is known is that Dr. Mudd set Booth’s broken leg.

After shooting President Lincoln John Wilkes Booth jumped from the Balcony at Fords Theatre breaking his ankle. With adrenalin pumping through his body Booth ran out of the theatre to meet up with another coconspirator David Herold. Mr. Herold had just fled the home of Secretary of State William Seward who was also a target of assassination. Herold had led Lewis Paine to the Secretary’s home where it was planned Paine would kill Seward. Seward survived the attack however.

Leaving Paine to fend for him self Herold met up with Booth just outside of Washington. After stopping at John Lloyd’s tavern the two made their way to Dr. Mudds home around four in the morning. After setting Booths ankle Dr. Mudd allowed the killers to stay at the doctors house until late that afternoon. Booth and Herold then left, making their way south until Booth was killed and Herold captured at Richard Garrett’s farm.

Dr. Samuel Mudd was convicted of conspiring to kill the President and sentenced to life in prison, escaping the death penalty by one vote. But how guilty was he? Mudd claimed Booth and Herold had introduced themselves as Tyson and Henston and he was unaware the two were the ones responsible for Lincolns’ murder.