John Harrison Surratt, Jr. was certainly involved in the plot to kidnap Abraham Lincoln in 1864, but there was sufficient doubt in his involvement in Lincoln’s assassination in 1865 that, when extradited from Egypt, after something of a world tour of escaping, in early 1867, he was released on $25,000 bail and the case against him for murder was declared a mistrial. All the other charges relating to the kidnap plot had passed the statute of limitations.
This photo was taken in 1867, while Surratt was on, or awaiting, his trial. He is still wearing the uniform of the Papal Zouaves (Pope’s infantry), with whom he had briefly served while on the run, using the alias John Watson.
Original B&W photo from the Brady-Handy Photograph Collection.