As he had already admitted his involvement in the assassination conspiracy, the only defense his lawyer Frederick Stone (February 7, 1820 – October 17, 1899) could offer was that David was feeble-minded and under undue influence from Booth.
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One of his accomplices in the murder who was with him and captured at the Garrett farm, David Herold, was tried, convicted and hanged on July 7, 1865, along with Lewis Powell (alias Payne or Paine), George Atzerodt, and Mary Surratt.