ARREST OF COLUMBUS PRISONERS: FACTS CONNECTED WITH THIEIR IMP'RISONMENT ANtD RELEASE. - L LOUISVILLE, JOHN- P. 24ORTON A. d. - 1868.' 'k . Y'ITH o.0 Eo Ti..AY: .04 s1i,.~ PIZIlNTqn I-.,3I f* 'A -. I *i ..'.' -1 t -I' r, PPEFACE. IF a proper conception of the M,ilitary Despotism whicli hbas oppressed the South is conveyed to the Northern mind through these pages, their object will have been accomplished. ",.4 (' I 0 -; ri Ii I s. I 'k -1 I lo., " MILITARY OUTRAGE IN GEORGIA. Radical press throughout the country, is not sustained by facts. He was a thorn in the side of his own party and not considered as formidable by his opponents. That there are bad men in the Columbus community, as in others, there is not the least doubt. Ashburn was killed at the dead hour of night, and doubtless by men who did not dare meet a foe in open day. There are good reasons for believing, too, that the assassins were Radicals, black and white, to whom he was a stumbling-block in the road to office. In proof of the correetness of this suspicion are produced the following facts. Previous to the election of delegates to the Constitutional Convention of Georgia, and in the temporary absence of Ashburn from Columbus, a hand-bill was issued signed by fifteen or twenty Radicals-the entire white element of the party in the city-calling a meeting to appoint delegates to a nominating Convention at Cusseta. The leader in the movement avowed uncompromising hostility to Ashburn, and expressed a determination that Ashburn should no longer control the party. Ashburn returned before th e da y fbr the meeting, went in and took possession of it, and appointed delegates to his liking, himself among the number. So hostile had the feeling become between Ashburn and two leading Federal office-holders in Columbus, that he threatened to have them removed. Time sped on. The nominatingConvention assembled at Cusseta and put out candidates for the senatorial district suited to the taste of Ashburn-himself among the number, from Muscogee county. Ashburn, having the ear and confidence of the negroes and full control of the Loyal Leagues, whipped in the fight, and proved himself master of the situation. His ticket was elected. The Convention, -met, did its work, and ad THE death of this man was the pretense up o n wh ich G en. G ra nt, Gen. George G. nleade, and the Radical party based the infamou s outrage upon the personal liberty of citizens of Georgia, the details of which th is work wi ll contain. Ashbur n made hi s appe arance in Columbus, Georgi a, imm edia tely after the war, in the capacity of a G ove rn ment spy in search of property belonging to the late Confederate ate tes. Here he mig ht have lived an d di ed without a thought from the public of h is ante cedents, but his ardent, intense love for the colored people soon brought to light and into general comment the fact tha t b efor e the war his usual occumpation was that of an overseer remarkable only for his cruelty to the slaves placed unde r hi s con trol by the g entlemen who owned them. This v ic ious trait of his cha racter rendered it diffic ult for him to retain his position of overseer very lone on the sa me plantation, and he made other s hifts f or a maintenance. He was at one tim e steward or w ai ter in the Orlethorpe Hotel, in Columbus, Ga., and while there was well caned for his insolence by a boarder, a young man still a resident of that city. It is not the writer's desire or intention to exonerate his murderers upon the plea of his low instincts and habits. His assassination was a crime. His death in a negro brothel of the lowest order renders comment upon his life unnecessary; but whatever his character might have been, until accused of crime as directed by the law, and convicted to death by a jury of his peers, no human being had a right to take his life. This man was politically odious and morally infamous to the respectable portion of the community in which he lived; but that his death was the result of political differences, as claimed by the . p. GEORGE W. ASHBURN.. MILITARY OUTRAGE IN GEORGIA. have called to see the corpse and given some assistance toward the final disposition of his remains. Not one of the white members of his party did his remains even the honor of a call. Being a pauper, the expenses of his funeral were borne by the city. His remains were attended to the depot for shipment to Macon by only two white men-his son and a Radical Jew named Coleman. The above facts are sent forth to the world for what they are worth. Many other things could be told to show the hostility of feeling which existed between leading Radicals of this city and Ashburn, but their relation would spin out the subject to too great a length. Between the citizens of Columbus and Ashburn there existed no feeling of antag: onism. They looked upon his course as mischievous in its tendency. They knew, however, that he was no worse in his intentions than other men of Radical proclivities in Columbus, and that to destroy him would accomplish nothing. Having more sense than half a dozen of the others, and having aspirations, he was looked upon as less dangerous than the herd that were pursuing him. The citizens outside of the Radical ranks did not come in contact with him in any shape, and had no more reason to desire the destruction of his life than those of others of less sense. Aside from this, the people had all the time used every precaution against permitting anything to be done that could, in the remotest degree, ,give capital for Radical rule to feed upon. such memnbers from his senatorial district as would support his senatorial pretensions. On the Saturday before he was killed, through his influence, a large number of negroes assembled in the Court-hlouse square and were harangued byohin, and a tic ket was nominated for the H ouse and Sena te, c omposed, for the House, of one of the delegates to the Conv ention and a nero, and the head of the Freedmen's Bureau, a known friend of Ashburn's, for th e S enate. What part, if any, his former Radical opponents took in this meeting, or whetherer r l, they were present at all, the writer can not say. On t he wIon day nilght succeeding the meeting referred to, the career of Ashburn was brought to a close. Between dark and the time of hi s death th e Preside nt o f the Loyal Lea gue, named Bennett, handed Ashburn a letter from one Costin, a negro of Talbot c ounty and representative elect from tha t count y t o th e Georgia LeWislature. Ashburnte thre w this letter into Bennett's face. Afterward, while a prisoner for obtaining goods under false pretenses, Bennett gave it to the Sheriff. It was written upon paper furnished the Constitutional Convention, of' which Costin was a member. He abused Ashburn in unmeasured teriis as a pensioner upon his party, and reminded him that he (Costin) had raised the embargo placed on his bagg,age by a hotel-keeper in Talbatton. He closed by offeririn to bet two hundred and fifty dollars that he would never represent Georgia in the United States Senate, and two hundred and fifty dollars more that he would not receive fifteen votes upon joint ballot. Bennett declared, the day after his death, that he would have killed him if the mob had not. Woodfield, another Radical, who disappeared immediately after the murder, had stated that Ashburn must settle a debt he owed him or he would kill him. After he was dead, and had come to his death, too, at the hands of assassins, what was the conduct of the Columbus Radicals? If' they had felt any pans of grief or indignation at this outrageous act, is it not reasonable to suppose theyr would have interested themselves so much, at least, as to Ashburn's death was succeeded by a period of deep excitement. Negroes openly avowed their intention to avenge his death, and threats were made upon the streets to burn Columbus. On Wednesday night following his murder, a meeting of the Yount Men's Def noeratic Club was startled by a message from Mayor Wilkins, that intelligence had reached him that an attempt to fire the city would be made that night. If such an intention existed it was defeated by prompt action. On the 6th day of April, the Monday after the assassination, the excitement was raised to fever heat by the military arrest of nine white and three colored citizens. W. D. Chipley, Doc. E. J. Kirksey, Columbus C. Bedell, Wim. R. 4 journed. Ashburn returned to Colunibus, -avowed his intention to be elected b the y Le,-,islittui-c to the Senate of the United States,,ind set to work to or-aiiize his n colored friends -ind secure the election of REIG-N OF TERROR. MILITARY OUTRAGE IN GEORGIA. Bedell, James W. Barber, Alva C. Roper, Thos. W. Grimes, Robert Ennis, and Wm. L. Cash, white; and John Wells, John Stapler, and Jim M3lcHenry, colored; w er e arrested by Capt. Mills, commanding post, and confined in the Court-house. All were men of respectability and character, and the negroes stood well in their sphere, though unpopular with their race because they were Democrats. The next day one Wade Stephens, a low rowdy, was added to the party, as the sequel will show, in the capacity of a spy, though he may not have known it at the time. No cause was assigned for the arrest, and the repeated and untiring efforts of the prisoners, their friends and their counsel, failed to arrive at any. The men arrested were so far above any suspicion of complicity in Ashburnr's mnurder that it was difficult to associate the two events; yet following each other so qlosely, with no other alleged cause, an occasional surmise would rest in that direction. This conclusion would never have been reached by any one but for their knowledge of the malice of certain Radicals toward these men as Democrats, and especially Chipley and Kirksey, who were working men in their party. Before these arrests were made it was positively known that a man holding civil position by military appointment had offered bribes for affidavits against Mr. Columbus Bedell, and it was not unnatural for persons knowing these facts to surmise that the arrests were made upon suborned evidence. The manner in which the charge and names of the accusers were withheld, and the absence of all investigation, strengthened this belief, and occasioned a general feeling of uneasiness. Capt. Mills stated that h e di d not know the cause of the arrests, which nobody believed, and it is only mentioned here to show how arbitrary the arrests were and the weakness of the case. After four days and nights in durance vile, Capt. Mlills informed the prisoners that their most gracious Majesty Gen. Meade had concluded to re lease them under bond of twenty-five hun dred dollars each to appear whenever Gen. George (G. l~eade, commzanding Third Military District,, or his successor, should desire it. There was a general feeling amongl; the prisoners to decline this offer and test the leg,ality of their arrest; but older heads thought the bond would be the last of it, and advised them to accept the term s and return t o their fimiles and busin ess. A general bond was the n prepared, a copy of which is given in Appe ndix, together avit its sion ers. The noiJaies e xceed f o ur hundred, and w ould have reached three times that number had the c itizens been allowed sufficient time to sign it. Nothing more occurred in th is connection until the 14th of May, when James W. Barber, and th e fellow Wade Stephens and two negro es -Jolin Wells and Jolen Stapler-were re-arrea sted and hur ried off to Fort Pulaski. Mr. Barber was not even permitted to see his wif e. On the 18th May, W. D. Chipley, indignant at his illegal and unwarran ted arrest, and being unable to secure an investigation in any o ther way, sought one throuls -h Congress. His let ter to Hon. James Bs. Beck, of Kentucky, and action of the House on Mr. Beck's resolution, are given in Appendix. The action of the House was significant, and shows that the Radical plotters at WaslhiDnton were af'raid of an investigation. On the 23d May, Mr. R. H. Daniel, a gentlemuan, and George F. Betz, a dissipated loafer, were arrested and sent to the Governmenit bastile at Savannah. Very soon Bennett and a courtezan of the lowest stripe, called Amanuda Patterson, followed. These two, like Stephens, it was understood, were to be suborned. Betz, at that time (though a man of no character), was thought to be above swearing a nian's lifb away for gain or safety. On the 2d June, W. D. Chipley, E. J. Kirksey, Clifford B. Grimes, and Columbus Bedell were arrested, and on the 3d sent to Atlanta and confined at 5IcPlherson Barracks. On the 16th June, Isaac Marks, Jacob Marks, Alva C. lRoper, Robert A. Wood, James L. Wi,iggins, Drew W. Lawrene, and Wi. L. Cash were taken into custody by the omnipotent Mills and forwarded to Mleade's Hotel, at Atlanta. Sergeant Chas. Marshall, of 31ill's company, was also sent along, {br the purpose developed by the trial. On the 19th June, Robert C. Huldson and Janmes Lawrence were started, preceding Win. A. Dukes some finee dlays. 'The charges against these mlen were still mere matters of conjecture. From the best inibrmaltion that could be gathered, the parties hald been arrested uponl negro testi~nony, much of it ibrced, whilst with others bribery hlad been the instrument used. Inl 5 .4 .4 MILITARY OUTRAGE IN GEORGIA. addition to $500 offered by the city of pages. But to return to their physical Columbus, Gen. Bleade's military Gov- treatment. ernor of Georgia, through his proclama- This was barbarous in the extreme. tion, announced a reward of $2,000 for the Those who were carried to Fort Pulaski first and $1,000 for each additional party were confined in cells four feet by seven feet. connected with the assassination, with There was no ventilation whatever, and a proof to convict. This was a large sum greater portion of the time the small hole of money, in the eyes of a bad negro, as an which admitted light was closed and the inducement to bear false witness. With cell left in darkness. These dungeons were such inducements no citizen of Columbus, their sole habitation. Calls of nature were however exemplary his walk in life, felt attended to in a vessel that was removed that hlie was exempt from arrest. No one once in twenty-four hours. Their rations knew where the arrests would end, and consisted of a slice of bread, and coffee (if what number of citizens would be incar- they had a cup) in the morning; another cerated, under the influence of such testi- piece of bread and soup in the same cup timnony-no one could conjecture. As in which coffee was served at breakfast, arrest after arrest succeeded each other, with an occasional ration of fat pork, conthe best citizens would exclaim: "'Tis but stituted their dinner. For supper, bread an accident that I am left!" and they ex- alone was issued. Yet the friends of these tended their sympathy to the unfortunate prisoners would have been glad and did nien with a consciousness that it was but a offer to furnish them any comforts they chance that placed the prisoners there in- might desire. Will the world not say stead of themselves. they were entitled to different treatment, until their guilt had been established, or at least until something besides ex parte testi TREATMIENT OF PRISONERS. miony had been produced? In these horrid holes, borne down by the heat of the climate, The treatment of the Columbus pris- and driven almost to madness by the oners will ever remain a blot upon the myriads of mosquitoes, these men were fame of American soldiers. These men, detained day after day, denied the privilege arrested at a moment's notice, were carried of visits from friends or counsel, and not even fromn family, friends and business, and allowed to write to or receive letters from without an opportunity being given them their families. Humanity must have su,gto prove their innocence, were thrown into gested an exception to this rule in the case cells which law and humanity dictated as of one of the prisoners, whose wife was only proper for the confinement of con- expecting to be confined, but if so the demned criminals. The murder occurred whispers were not heeded by the "genial during the night, between the 30th and and popular commander of Fort Pulaski." 31st of -larch. The first arrests were He added another laurel to the wreath that iuade on 6th April; they were renewed marks his victories. "The gallant Cook," through Mlay and June. Yet, in this great with heroic fortitude, saw that no word of and free country, no charges were delivered love and sympathy reached the young wife to the prisoners until the 27th day of in her trying hour. It may be well for June. Their trial was set for 29th of the the reader to remember just here, that the same imonthl. The enormity of the pro- witnesses for the prosecution stated on their ceedings in this connection may possibly examination that they were told that if be appreciated, when it is stated that the they did not make disclosures they would intervening day between the reception of be kept in prison-as Bennett expressed it, a copy of charges brought against them would have to "rot there." On the other iand the d,y set for their trial was Sunday. hand, by making disclosures they would The Holy Sabbath day was given them secure their liberty, and protection from upon which to prepare their defense against' harm" from the Government. The rethe charge of -'"MURDER," and that too moval of the Pulaski prisoners to McPherwhen removed 140 miles from the scene of son Barracks, Atlanta, was an improvement the crime and the residence of their wit- in climate and some other respects. They nesses. This outrage upon the personal were permitted to correspond with their liberty of these men should make boil the friends, but all letters, although only blood of every freeman who reads these breathing the affection and sympathy of a 6 MILITARY OUTRAGE IN GEORGIA. wifb, were submitted to rigid inspection. How disgraceful in the representatives of a great government! Chllipley, Kirksey, Grimes and Bedell reached the barracks on the 3d day of June, having no suspicion of imprisonment. They were unprovided with bedding. It was threedays and four nights before bed or blanket was furnished. Friends were not allowed to visit them nor counsel to see them. On the 8thl these four men were placed under bond in comfortable quarters. When Daniel arrived from Fort Pulaski he was placed in the house with them, and there Ile and Grimes remained until released. On the 12th Bedell was returned to the cells. On the 15th Chipley and Kirksey followed. On the 19th the last two were returned again to quarters outside of the guard-house, and next morning Bedell joined them. On 22d he and IKirksey were returned to cells, and Roper was placed with Chipley. The other prisoners were in cells. This status was continued until the 14th July, when Chipley was offered bail with the liberty of Atlanta, which he declined. On the 16th, the entire party were removed to comfortable quarters, where they remained until released. The cells up to the 16th June were five feet ten in width by ten feet long. The window, two feet by one foot six inches, was eight feet high from the floor, and in addition to bars was so slatted as to prevent the inmate of the cell from seeing either heaven or earth. There was no other means of ventilation, and with the door closed (which was always the case, except when the guard was humane enough to transcend his orders,) a gale might blow outside without sending one puff of fresh air to relieve the distended bursting veins of the prisoner, although the opening of the cell door would create a draft that was often objectionable. The prison sink, just at the end of the hall upon which the cells opened, emitted such a stench as to render the risk of suffocation preferable to the horrid odor. But all this was not sufficiently horrible. With twenty vacant houses that might have been used, the military commenced on the 16th June to make more prison room by dividing the cells, reducing them in width to exactly two feet ten inches. Will an indignant public believe this? A positive, horrible truth. Not until the memorials of Dr. Chipley and Col. Lamar to Congress had elicited a deep and earnest pro test fromn the press of the whole country, d id the treatment o f the pr is oners chang e. On the 19tlh June sm e s ome of them were allowed to se e counsel, although in the a bsence of charges, it was impossible to plan any definite line of defense. Soon after the remainder saw counsel, and a few friends were permitted to pay short visits and send delicacies to the prison. The emlbargo on certain newspapers was also raised. On the 22d June C. B. Grimes and R. A. Daniel were released, and a week later the Messrs. Lawrence, the Messrs. Marks, and W. L. Cash. No evidence whatever has been produced against either one of these gentlemiien, and the only explanation that is given them for the torture they were subjected to is, that it was a mistake. At no time was the private correspondence of the prisoners relieved from inspection. On th e 6th of April, ten white and three colored men were arrested and placed in confinement in court-house at Columbus. On the trial the prosecution rested their case upon evidence which dide not claim that any. disclosures were made to the military, or other authorities, before the last week in May, except by the witness Bennett. This creature professed to have made statements to Capt. Mills the day after the occurrence, implicating five men. These men were all accessible, yet in the list of thirteen arrested in April, the name of but one of Bennett's five can be found. Another one, Marshall, was in the room several times during their incarceration, but as a visitor. How improbable it must appear to every reader that Bennett charged Marshall with being one of the murderers before his Captain, as that officer, twenty-five days later, allowed hiim, to leave his company on a thirty days' furlough. The question very naturally arises, why were the first arrests made? The mystery was easily solved, and its solution does not involve a midnight murder. A general apathy had pervaded the Demnocratic party in regard to regyistering and voting. The policy of inaction had,o-verned the party, but the result in Alabam-L occasioned new acts of Congress that rendered this policy no longer available, and ar active canvass was inaugurated.' Ir. Chipley, as Chairman of the Executiv(e 7 CAUSE OF TFIE ARRESTS. MILITARY OUTRAGE IN GEORGIA. Committee, had prepared complete printed the War Department, to "work lup" the lists of the voters in the county who could impeachment matter, was detailed by Genand had not registered, and was, through eral Howard, acting under orders from ub-conmmittees, urging all such to do their General Grant, to proceed to Atlanta, and duty. Messrs. Grimes and Barber were report to General Meade for orders. The candidates on the Democratic ticket. All detective having reported according to inthe remainder except the spy, Stephens, structions, General Meade referred him to were known to be earnest Democrats. It Major Smythe, who told him of the exwas a common boast amniong the Radical amination already had, and its barren renegroes of the city, that John WVells's sults. In the mean time General Howard Democratic principles had gotten him into telegraphed to IKansas for one Major Whitjail. ley, who had figured prominently in the But one comment is necessary. The services of the War Department in conlparty was arrested the day registration nection with General Baker. Upon these comnmenced, and released the day it closed. two worthies had Stanton and Holt devolved -Ir. Chipley's second arrest followed close the duty of getting the testimony on the upon the presentation of his letter by Mr. trial of Mrs. Surratt, and now Whitley Beck to Congress-in fict, as soon as the was to be appealed to in the Georgia trials. proccedincs in that connection could reach He arrived in Washington in obedience to General Ieade's headquarters. Another General Howard's telegram, and was hliurcoincidence in dates occurred when Dr. ried off to his new field of labor under Chipley's memorial was presented to the the incentive of $40,000 reward. How Senate. It was teleg,raphed to Atlanta, well he has succeeded in his work of maand IMr. Chipley vwas returned to a cell. nipulating witnesses, has been shown in If there was any other reason for this re- the published testimony taken before the iiewal of torture in Chipley's case, it has Commission. never been developed. In the evidence Can the people of the North imagine for the prosecution, the date of their dis- that men of unimpeachable character could closures is placed by the witnesses them- be subjected to the barbarous treatment selves, subsequent to the arrest of a ma- detailed in these pages, upon suborned ex jority of the persons. Then upon what parte evidence, which when produced in foundation were the arrests based? The court broke down of its own weight? Yet whole object was for political purposes. it can not be denied. A brief account of No attention was paid to the death of his action in the N. E. Thomas murder, Ashburn in Columbus at the time it oc- will show that General Meade was incurred. It was known that this victim of fluenced by political prejudice in the case assassination was a wretched outcast from of the Columbus prisoners. society, and one forced to seek a homein a One Joshua Morse, a renegade Alanegro brothel. Yet when the report of bamian, elected on the negro ticket to the Ashburn's death reached Washington, par- position of Solicitor for his circuit, toty machinery was set in motion to manu- gether with a man named Gilmore, in cold fieture outof it political capital. An op- blood murdered N. E. Thomas, editor of portunity was offered to prove a southern the Choctow (Ala.) Herald. Morse, in a barbarity which would justify Radical tyr- letter to the Marengo Recorder, of date arnny and outrage. General Meade was June 29th, 1868, gives a version of the appealed to to have the matter investigated, difficulty and closes thus: "I have been lnd he dispatched to Columnbus Major refused bail. The Justice of the Peace Smythe. a member of his staff, to examine has prejudged the case, and my political into and report the facts; at the same time enemies declare I ought to be hung. We offering a large reward for the apprehen- have been forced to apply to the commandsion of the murderers. The Major caused ing General for protection. the arrest of a large number of citizens, "Very truly yours, but failing to obtain any clue to the per- [Signed.] "JOSHUA MoRSE." petrators of the deed, abandoned the game This murderer flies to General Meade ti not worth the chase. The Washington for bail, while gentlemen against whom no directorv, however, were not so easily sat- charge has been made, are detained in i sfied. The services of a detective who ltathsome cells for months, under circumhad been in Washington under the pay ofI stances without parallel in a free country. 8 MILITARY OUTRAGE IN GEORGIA. Then what explanation can General Meade offer an indignant people for the outrage upon R. A. Daniel, Cliff B. Grimes, Wnm. L. Cash, James Lawrence, Drew Lawrence, Isaac Marks, Jacob Marks, John Stapler, and John Wells? These men were placed in cells, and the affidavits in Appendix will show how cruelly they were treated. Yet they were released without trial, condition, or explanation. The witnesses altered their affidavits time and again, under the direction of Joe Brown, Whitley,. and Smythe. For instance, General Meade stated positively that he had sufficient evidence to hang every prisoner. A distinguished gentlemian and friend of Meade's in the old army, replied that he could swear that Mr. Grimes was at his house, three miles from town. The result was the release of Grimes. As proof of their innocence was discovered by the detectives, eight others were released. The father of one witness for the prosecution, openly stated that his son was at home dead drunk at the time of the murder,. and was unworthy of belief. The early adjournmentof the Commission aloneprevented this evidence from being produced. Betz owned he went into the affair for fifty dollars. Stephens was impeached by his mother and aunt before the Superior Court of Muscogee county. His mother, a white woman, lives in open adultery with a negro man. Bennett and Amanda Patterson lived in a negro brothel, and both swore to one thing on the inquest and another on the trial. Charles Marshall, the soldier, acknowledged that he was persuaded to commit murder by associates, and all said that their disclosures were mad e u nder pr omises of protection if they would, and threats of imprisonment if they refilsed, to give evidence. The trial commenced a few days before'the Georgia Legislature was convened. The prosecution expected to place their suborned evidence on record before the country and then turn the case over to the civil authorities upon the adoption of the fourteenth amendment. They were disgusted with their own ease and saw no other chance to influence public'opinion. Fortunately the Legislature hung fire, and several alibis were proven, amlong, others, Duke's, the best ever produced in any court, before the amendmnent was passed. Duke was arrested but four days before the trial commenced. Had he been taken into custody While the love of liberty and republican institutions is held dear in the hearts of the peo ple of the United States, just so long will the memor y of George G. Meade be abhorred and detested. A new era is dawnine, and soon this pliant minion of power will only be remembered as a p oor, unr easoning satrap, whose highest ambition was to hold place by pandering to his Radical masters at Washington. Gen. Meade, upon his return from Philadelphia, was accompanied by an officer sent out by the Pres ident t o investigate the arrests, when the partitions in the c ells were knocked out, thereby making their width five feet tenine inches, instead of two feet tewl inches, as they were before. I- e a lso remarked to Mr. Chipley, in the pre sence of his mother-in-law and w ife, thai t it had not been his intention to c onfine me n so who could give guaranti es for the ir a ppearance. This was after the wh o le countr y had, in thundering tones, de n ounced his despicable cru elty. His sincerity (?) even t hen was evinced byDes the fact tha t men were continued in cells for weeks a fterwar d who could have given bond to any amount. It is not an unusual practice for generals of limited ren own to s hif t censure upon subordinates; but Gen. Meade mnust stand square to the rack this time and receive the verdict of an outraged and indignant public. When Mr. Chipley left Columbus for Atlanta he was accompanied by a friend who had known Meade intimately in the old army, and during the war served on Gen. Lee's staff. He sought at once and found him (Gen. Meade) on the eve of his departure from Atlanta. In a short inter I I I 9 sooner the detectives would have found out that he was forty miles from town on the nillht of the murder, (as indiscreet friends always hastened to - tell all they knew) and he would have been released, as Grimes, Cash, Daniel, and others were. When the prosecution had fallen throuch of its own wei-ht, the suborner Smythe hurried off with the poor creatures he had used. Could there be a more severe comment upon the prosecution? Why were the perjured wretches taken out of the State upon the eve of Geor,ia's mock return to the Union? General Meade unblushin-ly shields perjury. HUMANITY IN HIGH PLACES. .ULITARY OUT]AG( IN OEORGIA. view which followed, he told this gentleman that he had left full instructions with Gen. Sibley as to the disposition of the Columbus prisoners. Upon application this gentleman received a promise from Gen. Sibley that he should send the prisoners some comforts. When morning came and the proper permit was applied for, Gen. Sibley informed him that' on re-examining his iizstrictions he found it impossible to make good his pledge. Gen. Meade had already said that these instructions were left by his order, and it was these instructions that deprived men at that time, not even accused of any crime, of liberty, of visits from friends or counsel, of comforts to which they were accustomed, and even of the free air of heaven. This duplicity and cruelty may secure his family claim, now before Congress, but it will forever damn the name of George G. Meade. localities wherein crimes are alleged to ha ve been commi tted. A few more case s like that-of the incarceration of the Columbus prisoners will open the eyes of the people to the neces si ty of providing for the trial of accused persons through the civil courts. The military have been, now are, and always will be an unsafe depository of the legal relations of citizens. The power which they exert in the field is arbitrary and, to a great extent, irresponsible. Their province is to command, not to give reasons for their orders. Not so with the civilian. When sitting as a judge he is confined to precedents, and is malking precedents in every decision which he announces. With the latter, the property, the liberty, the life of the citizen is comparatively safe. The military act upon emergencies, and the rapidity of their action precludes the due consideration which justice to accused persons demands. The courts, on the other hand, are calm, careful, deliberate. Their rules of evidence allow everything which can be brought before the court in exculpation of the accused. Military law seizes only a few salient points and on these a judgment is rendered. The people owe it to themselves and the nation speedily to abolish military rule. Its effect is evil, and only evil. During the progress of a war there may be some necessity for its exercise. But in times of peace, when there is no armed force against the Government, and no hostility manifested by the citizens against the laws, military rule becomes a constant source of irritation, which disturbs the social relations, deranges business, and keeps whole communities in a state of inquietude. None are benefited by such a state of things save the gang of unscrupulous adventurers who are ready to do anything which will fill their coffers, regardless of the effects thereof upon the people among whom they may temporarily reside. The South is well-nigh paralyzed by the military parasites which it is compelled to support. Let these parasites be withdrawn and peace, order, and prosperity will ag,ain prevail throughout the sunny side of our republic. One word from Gem. ~leade would have put an end to all these wrongs inflicted upon the Columbus prisoners; yet he withheld that word. One line fromt the pen of Gen. Grant would have checked the mad career of Gen. M~eade, restored justice In a few months the country will be called upon to decide whether or not this man shall be placed at the head of the Government. Will not every thinking man pause and reflect? The crime upon the Columbus prisoners followed close upon the Etawaw outrage. The recurrence of such affairs as that these pages describe presses home the questions: Hoow long are the denizens of our Southern States to be made the victims of military misrule? Must the people of that region forever be made the shuttlecocks of military power? Will not the people enforce some rule whereby peaceable, industrious, orderloving citizens can prosecute their business without momentary dread of being incarcerated upon charges trumped up by po - litical or personal foes? More than three years have elapsed since the late civil war teirminated. The condition of the Southern people is worse than during the war. In the field they met open enemies only. Now they suffer everything from the machinations of pretended friends-adventurers of all sorts through the southern portion of our republic. The military, who ought to be their safeguard and protection, are turned into an engine of opprsssion. Call their localities States, Territories, or what you will, there is no excuse for so great a Government as our own withholding prompt, speedy, exact justice through the civil tribunals of the 10 GENERAL GRANT. MILITARY OUTRAGE IN GEORGIA. Gen. Meade, in Atlanta, Ga., stating that I came as a Government detective, and he, Gen. Meade, to pay my expenses. I arrived there about the 18th of April. General Meade referred me to Maj. Smythe, that he, Smythe, knew about the Ashburn murder case. Before I arrived in Atlantathere had been several arrests made in Columbus, Ga., and Maj. Smythe informed me that he had discharged them for the want of evidence to implicate them with the murder of Ashburn. He told me I could *not make anything by going to Columbus, but hoped I could make up a case. General Meade ordered me to go to Columbus. I stayed there two or three weeks. In this time I felt it was necessary for me to arrest several parties. H. C. Whitley having been sent for by Gen. Meade at my request, Gen. Meade desired I should not make any arrests until the arrival of Whitley. Gen. Meade telegraphed to Washington to have the Government telegraph to Whitley, who was then in Kansas, for him to come immediately to Georgia. He arrived in a few days. Whitley came to Columbus and miet me. We had an interview with Capt. Mills, the commander of the post, at Columbus, Ga., and recommended him to make several arrests, which he declined to do without an order from Gen. Meade. Whitley got an order from Gen. Meade, that Capt. Mills should arrest five or six parties, to be pointed out by myself and Whitley, and they were to be sent to Fort Pulaski. We, before the arrests were made, went to Atlanta, and got an order from Gen. Meade to the Commander of the post at Savannah to give us, myself and Whitley, full control of the prisoners after they arrived at Fort Pulaski. While we were on our way to the fort the following arrests were made in Columbus, Ga.: Stephens and Barber, two white men, and John Stapler and John Wells, two negroes, and sent to Fort Pulaski. Whitley and myself met them, the prisoners, at Savannah, and proceeded to the fort with them. At the fort one of the negroes, John Wells, was taken out of his cell and put into a chair in one of the casements with a cannon pointed at his head, and a soldier hold of the string ready to snap the cap, apparently to shoot the gun; a barber lushed his head full of lather and pretended to be ready to shave his head. This was done to have him give evidence in regard to killing Ashburn. The negro all the time Personall y appeared before me, a Justice of the Peace for the District of Columbia, Wnli. H. Rteed, who, being duly sworn, deposeth and sayeth: I was telegraphed to by H. C. nWhitley, a Government detective, to come to Washington from Boston, Mass. In answer t o that dispatch I arrive d in Washington on the 6th of March, 1868. I joine d H. C. Whi tl ey; he took me to Chipman & Hosmer's office on 14th street, and they tol d me they w ante d to employ me as United States Go vernm ent detective in the impeachment of the President of the United Stat es. H os mer took me upstairs, in the same building with his office, to a one-legged man's room they called Doctor. Hosmer told me to go around the hotels and make my report every day to the Doctor. In a few days Hosmer sent me to Gen. O. O. Howard, commanding Freedmen's Bureau. The General told me to make my report to Maj. Mann. I did so with several other detectives, including a number of negroes, to the 14th or 15tli of April, and was paid by the Doctor and Maj. Mann $300. General O. O. Howard then ordered me to go to Atlanta Georgia, and report to Gen. Meade, to work up the Ashburn murder case. He, Gen. Howard, says, you go there by the order of Gen. Grant. He, Howard, sent me to Maj. Mann, who paid me one hundred dollars. Gen. Howard gave me a letter to 11 to the seat from which she had been rudely thrust, and established civil liberty throughout the blighted regions of the South. But that line remained unwritten, and the rude t ranny of brute force -held hi-h y 0 revelry in the prisons of Georgia. Is the man who thus abuses power throughout ten States of the Union a suitable depository of the destinies and the liberties of'the people of the United States? As the tree is jud-ed by its fruit, so must the fitness of Gen. Grant for preservinthe liberties of the citizen be jud-ed by the manner in which he sustains the subversion of the Constitution wherever Iiis authority extend,,4. CONFESSION OF ONE SUBORNERS. OF TI-IE Affi,davit of lYm. H. Reed, Detective. Govern?nc,nt WASHINGTO —i, D. C., July 3, 1868. MILITARY OUTRAGE IN GEORGIA. contending he knew nothing about the murder. This farce was kept up about ten minutes; finally they put him back in his cell, with the understanding that if he did not tell something it would be worse for him. They took the other negro, John Stapler, and put him before the gun with no better success. He was afterward put in the sweat-box and kept there in great punishment for at least thirty hours, until his legs swelled, and I took him out of the box, being convinced he knew nothing about the case. At Whitley's and my request the following other arrests were made: Daniel Betz, Amanda Patterson, who were sent to Fort Pulaski. Stevens and Barber were put in one cell. Whitley and myself secreted ourselves in the adjoining cell, but we could hear no conversation between them implicating any of the prisoners. Amanda Patterson was considered an important witness and was put in officers' quarters. Whitley and myself talked with her frequently in regard to the murder, but she earnestly declared she knew none of the parties, as they were masked and painted. She acknowledged being in the house at the time of the shooting. Whitley persevered in questioning said Amanda, and said to me that he would in time get enough evidence out of her to implicate some of the prisoners and other parties, so as to give Whitley an opportunity to make more arrests. Whitley then went to Columbus and arrested other parties. A man was arrested named Bennett, and sent to me at Fort Pulaski to see if I could not draw some evidence from him in regard to the murder. In my frequent conversations with this man Bennett, his prevarications convinced me if any one was guilty of the killing of Ashburn this man Bennett was guilty. After this Bennett was put in the cell with Betz to see if he could not draw some evidence from him. Afterward, he, Bennett, was put in a room with Betz and Stevens, with the view of still obtaining evidence from both of them together. He, Bennett, admitted to me that he was in the crowd that done the shooting at Ash burn, and persuaded Betz and Stevens to acknowledge the complicity of the pris oners arrested with the murder. W~hitley and myrself placed Bennett with Betz and Stevens for the purpose of working Betz and Stevens up to testify against the pris oners. We, Whitley and myself, promised Bennett, Betz and Stevens, if they would come out and expose the whole s tor y, if they were guilty the m s elves, the y should be protected fiom punishme nt by the Government. Amanda Patterson, Bennett, Betz, Marshall and Stevens were all of the prisoners that pretend to know anything about the murder. These parties gave no evi, dence until they were imprisoned, tired out, and the evidence wrung from them by Whitley and Major Smythe by promises of reward and security from punishment. They, Whitley and Smythe, had frequent conversations with Amanda Patterson, educating her in the evidence she was to give; also Betz and Stevens, makin, each one repeat the evidence over and over again to have them perfect, so when they were called upon to give their evidence they would not contradict themselves, each one to tell the same story. Whitley remarked to me frequently that this whole case was a political move, and the conviction of the prisoners would be a big thing. The prisoners that were intended as witnesses were told that the Government had offered a large reward, and if the parties under arrest were convicted, they, the witnesses, would get their share of the reward offered. During the time I was engaged in making up this case in Georgia, I drew money from the Paymaster by Gen. Meade's order. [Sinned] IWM. H. REED. Subscribed and sworn to before me, a Justice of the Peace, in and for Washing,ton county, D. C., the 3d day of July, 1868. [Signed,] WHM. MARTIN, J. P. JULY 25, 1868. Upon resuming our personal liberty, we, the undersigned, known as the Columbus prisoners, deem it proper to publish the following brief account of our arrest and confinement by the military authorities. During the night of the 30th of March, Geo. W. Ashburn was assassinated in a low negro brothel in Columbus, Ga. On the 6th day of April thirteen citizens were arrested by Capt. Mills, of the U. S. army. On the 10th they were released under bond. Four of this number have never 12 Fro,nt the Col-timbus (Ga.) S;itz. CARD FROM THE COLUIBUS PRISONERS. Account of t7wir An-ea, l)2zprisoltnwilt, Treatnwnt, &c. MILITARY OUTRAGE IN GEORGIA. been re-arrested. The man Mills stated privilege. Refused all commnunication that he did not know the charge against with their friends, relatives, or counsel, the party arrested, but no one believed they were forced to live in these horrid him, and the fiact is only mentioned to cells night and day, prostrated by heat and show the character of the proceedings. maddened by myriadsof musquitoes. The On the 14th day of May four arrests were calls of nature were attended to in a bucket, made, on the 24th four, on the 2d of June which was removed but once in twenty-four four more, on the 16th seven, followed the next day by two others. On the 24th another and the last arrest occurred. These arrests were made by the order of Gen. Meade. Several of the undersigned have in their possession written orders which show th is fact. The arrests wer e m-ade without warrant, affidavit, or charge. No preliminary examination was held. We were kept in total ignorance of the ex parte evidence against u s, and the nameso of our accuser s wvere c onceale d f rom us. No one who has followed the trial will be surprised at this apparent neglect. While we were clamoring fbr the charges against us, Joe Brown, Whitley, Maj. Smythe and others were suborning Betz, Marshall, Bennett, and Amanda Patterson. The evidence for the prosecution acknowledges that disclosures were made under threats of imprisonment. This is bad enough, but a worse feature is that the date of these disclosures is placed by the witnesses themselves subsequent to the arrest of a majority of the prisoners. The question naturally arises, upon what foundation were the arrests based? Of the twentytwo persons arrested on and since the 14th of May, four were sutbornedl by torture, bribery, aizd threats. Nine, after confinement in felons' cells and much suffering, were released without any explanation whatever. The remaining nine are the signers of this card. The prisoners arrested in May were at Fort Pulaski before they were removed to Atlanta. Their cells were as dark as dungeons, without ventilation, and but four feet by seven. No bed or blankets were furnished. The rations consisted of a slice of fat pork three times each week, and beef, too unsound to eat, the remaining days. A piece of bread for each meal, soup for dinner and coffee for breakfast, finished the bill of fare. An old oyster can was given each prisoner, and in this vessel both coffee and soup were served. It may be said that the soldiers received nothing better, but these citizens were not soldiers, and their friends were able, willing, and anxious to give them every comfort. They were denied the hours. At McPherson Barracks we were placed in cells five feet eleven inches wide by ten feet long-. These cells were afterward divided, reducing their width to two feet te n inches. This is terrible, but true. Upon the arrival of the officer sent from Washington to investigate the arrests, the partitions were removed. Neither bed or bedding was furnished for from two to five days. We were not permitted to see our friends, family, or counsel until after memorials to Congress had aroused the whole country to the enormity of the outrage. Even after this, our LETTERS, breathing the affection and sympathy of a wife or mother, were subjected to inspection. The prison sink was immediately at our cell doors and emitted a stench that was horrible. At times, when some humane soldier was willing to transcend his orders and give us a breath of fresh air to soothe our distended, bursting veins, we would ask him to close the door, preferring to risk suffocation rather than endure the intolerable smell. During all this time we were ignorant of the charges against us. Of course we accepted the common rumor that our arrest g,rew out of the murder of Ashburn, but after our counsel was permitted to visit us no definite line of defense could be planned in the absence of all specifications. We were furnished with a copy of the charges against us on the 27th day of June, our trial having been set for the 29th. The intervening day was Sunday and we were 140 miles from the scene of the murder and the residence of our witnesses. Several of the undersigned never saw the detective, Whitley, until weeks after their arrest. When they did meet him he neverpresumed to treat them with disrespect. Recent developments, new to us, have shown him to be in?famous, and his treatnment of suborned witnesses will be proven by those who know the facts. Our friends and the press have not exaggerated the barbarity with which we were treated, but 13 I MILITARY OUTRAGE IN GEORGIA. they should not throw the responsibility upon a contemptible detective, who would only glory in the notoriety his infamy would give him. We fly for higher game. Gen. Meade told Gen. R. H. Chilton (during the war Gen. Lee's Adjutant), upon the eve of his departure from Atlanta, that he had left full instructions with Gen. Sibley concerning the disposition of the Columbus prisoners. These instructions controlled our treatment, and leave no issue as to the question of RESPONSIBILITY. At the proper time, and in a manner that will not intrude upon your valuable space, we will make good our position, and will show conclusively that this unparalleled persecution was attempted solely and entirely for political purposes. The officers and soldiers of the garrison were as kind as their orders would permit, and respectful, with but few exc e ptions. Gen. Dunn's courtesy during the trial, especially after Duke's alibi, was in strong contrast with the vindictive, iigenerous, and unmanly conduct of Joe Brown. Of the able and untiring efforts of our counsel, we can not speak in too highpraise., To the people of Georgia, and especially to our good friends in Atlanta, we return our sincere thanks for their sympathy and assistance. 14 W. D. CHIPLEY, C. C. BEDELL, R. A. WOOD, E. J. KIRKSEY, MI. D. R. HUDSON, J.'L. WIGGINS, ALVA C. ROPER, W. A. DUKE, JAMES W. BARBER. PROCEEDINGS OF THE MILITARY COMMISSION. COUNSEL FOR THE DEFENSE. MARTIN J. CRAWFORD, JAMES M. SMITH, R. J. MOSES, SR., WM. U. GARRARD, MARSHALL J. WELLBORN, LUCIUS J. GARTRELL. The Military Commission convened at MIcPherson Barracks, Atlanta, Georgia, June 29th, 1868, by virtue of the following orders: HERADQUARTERS THIRD MILITARY DISTRICT, ) Department of Georgia, Florida, and Alabama. Atlanta, Georgia, June 26, 1868. ) SPECIAL ORDERS, No.139. HEADQUARTERS THIRD MILITARY DISTRICT, ) Department of Georgia, Florida, and Alabama. - Atlanta, Georgia, June 23,1868. ) [EXTRACT.] SPECIAL ORDERS, NO. 136. II. A Military Commission is hereby appointed to assemble at McPherson Barracks, Atlanta, Georgia, at 10 o'clock A. M., on Monday, the 29th day of June, 1868, or as soon thereafter as practicable, for the trial of such prisoners as may be brought before it by orders from these headquarters. The Commission will sit without regard to hours. DETAIL FOR THE COMMISSION. 1. Brevet Brigadier General Caleb C. Sibley, Colonel 16th Infantry. 2. Brevet Brigadier General Rufus Saxton, Major and Quartermaster U.S. ArImy. 3. Brevet Brigadier General John J. MNilhall, Surgeon U.S. Army. 4. Brevet Colonel John R. Lewis, Major 44th Infantry. 5. Brevet Lieutenant Colonel Robert E. A. Crofton, Captain 16th Infantry. 6. Brevet Major Samuel E. St. Onge, Captah in 16th Infantry. 7. Brevet Major George M. Brayton, Captain 33d Infantry. Brevet Brigadier General William McKee Dunn, Assistant Judge Advocate General of the army, is appointed Judge Advocate of the Commission. By order of Major General Meade. Official:R. C. DR UM, Assistant Adjutant General. Official: W. W. SANDERS, A. A. I. G. 1 Elisha G. s hereby detary CommisNo. 136, curters, in place ufus Saxton, Army, here eade. DRUMN, t General. DIMCPHERSON BARRACKS, ATLANTA, GA., June 29, 1868, 10 o'clock A. M.I The Commission met pursuant to the foregoing orders: PRESENT. 1. Brevet Brigadier General Caleb C. Sibley, Colonel 16th Infantry. 2. Brevet Brigadier General Elisha G. Marshall, Colonel U. S. Army. 3. Brevet Brigadier General John J. Milhau, Surgeon U. S. Army. 4. Brevet Colonel John R. Lewis, Major 44th Infantry. 5. Brevet Lieutenant Colonel Robert E. A. Crofton, Captain 16th Infantry. 6. Brevet Major Samuel E. St. Onge, Captain 16th Infantry. 7. Brevet Major George M. Brayton, Captain 33d Infantry. Brevet Brigadier General William McKee Dunn, Assistant Judge Advocate General of the Army, Judge Advocate. i ALEXANDER H. STEPHENS, JAMES M. RAMSEY, HENRY L. BENNING, Official: W. W. SANDERS, A. A. I. G. 1MILITARY OUTRAGE IN GEORGIA. not waive any right to object to the jurisdiction of the Commission. The members of the Commission were then severally duly sworn by the Judge Advocate, and the Judge Advocate was duly sworn by the President of the Commission, all of which oaths were administered in the presence of the accused. Eugene Davis was duly sworn by the Jud ge Advocate as phonographic reporter for the Commission, which oath was administered in the presence of the accused. The accused then applied for permission to introduce as counsel, Messrs. A. H. Stephens, M. J. Crawford, J. MI. Smith, H. L. Benning, R. J. Moses, J. N. Ramsey, and L. J. Gartrell. Permission having been granted, Messrs. A. H. Stephens, M. J. Crawford, J. M. Smith, J. N. Ramsey, and L. J. Gartrell, were introduced and took their seats as counsel for the accused; Messrs. H. L. Benning and R. J. Moses being absent. The Judge Advocate requested permission to introduce Joseph E. Brown, and Brevet Major W. IH. Smythe, Captain 16th Infantry, as assistants to the Judge Advocate. The accused were then arraigned on the following charge and specification, which charge and specification, and the indorsement thereon, were read aloud by the Judge Advocate in the presence of the accused. The Commission then proceeded to the trial of Elisha J. Kirksey, Columbus C. Bedell, J ames W. B arber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, and Robert A. Wood, who being called into court, and having heard the foregoing orders read, and also the following charge and specification against them, and the indorsement thereon: CHARGE.-Murder. SPECIFICATION.-In this, that the said Elisha J. Kirksey, Columbus C. Bedell, Jas. IV. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, Jas. L. Wiggins, Robert A..Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, on the 31st day of March, 1868, in the city of Columbiis, in the county of Mluscogee, State of Georgia, in and upon one George W. Ashburn, then and there being in the peace of the said State, feloniously and willfully did make an assault; and did then and there feloniously, unlawfully, willfully, and with malice aforethought, discharge pistols loaded with powder and leaden balls at the said George W. Ashburn; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the lef t leg, above and near the ankle jo int; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the lower p art of the nates; and with the said balls, discharged as aforesaid, did wound the said George W. Ashburn in the forehead, which said wound l c e inflicted in th e forehead as aforesaid, was mortal, and of which said mortal wound, inflicted in the manner and form aforesaid, the said George W. Ashburn, then and there died; and the said Elisha J. Kirksey, Columbus C. Bedell, James W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, Jame s L. W iggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malon e, the said George W. Ashburn, in the m anne r an d f orm aforesaid feloniously, unlawfully, willfully and of their malice aforethought, did then and there kill and murd er, c ontrary to the laws of said State, the good order, peace, and dignity thereof. [Signed.] WM. H. SMYTHE, Captain 16th Infantry, and Brevet Major U. S. A., Acting Judge Advocate. INDORSEMENT. —Respectfully referred to Brevet Brigadier General Dunn, Judge Advocate of the Commission for trial. By order of Major General Meade. [Signed.] R. C. DUNN, A. A. G. Third Military District, June 27, 1868. CHARGE.-AuMrdurer. SPECIFICATION. —In this: that the said Elisha J. Kirksey, Columbus C. Bedell, Jas. W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Rope r, James L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, on the 31st day of larch, 1868, in the city of Columbus, in the county of Muscogee, State of e ga, ad o o e Georgia, in and upon on e George W. Ashburn, then and there being in the peace of the said State, feloniously and willfully did make an assault; and did then and there feloniously, unlawfully, willfully, and with malice aforethought, discharge pistols loaded with powder and leaden balls at the said George W. Ashburn; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the left leg, above and near the ankle joint; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the lower part of the nates; and with the said balls, discharged as aforesaid, did wound the said George W. Ashburn in the forehead, which said wound-, inflicted in the forehead as aforesaid, was -Were severally asked if they had any objection to be tried by any member present named in the orders; to which they severallyreplied in the negative, but stated that in making no such objection, they did I f,s 16 0 MILITARY OUTRAGE IN GEORGIA. Permission having been granted, he was accordingly introduced and took his seat as additional counsel for the defense. The counsel for the accused then entered the following plea to the charge and specification, which is appended and marked document "A." The Judge Advocate stated that it would be necessary for each of the accused to plead separately to the charge and specification. The accused were then severally asked by the Judge Advocate how they pleaded to the charge and specification which was read to them yesterday. The accused then severally pleaded as follows: To the specification, "Not guilty." To the charge, "Not guilty." mortal, and of which said mortal wound, inflicted in the manner and form aforesaid, the said George W. Ashburn, then and there died; and the said Elisha J. Kirksey, Columbus C. Bedell, James W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, the said George W. Ashburn, in the manner and form aforesaid feloniously, unlawfully, willfully and of their malice aforethought, did then and there kill and murder, contrary to the laws of said State, the good order, peace, and dignity thereof. [Signed.] WM. H. SMYTHE, Captain 16th Infantry, and Brevet Major U. S. A., Acting Judge Advocate. INDORSE:,lrNT.-Respectfully referred to Brevet Brigadier General Dunn, Judge Advocate of the Commission for trial. By order of Major General Meade. [Signed.]' R. C. DRUM, A. A. G. Third Military District, June 27, 1868. Examined by thle Judge Advocate. Charles Marshall, a witness for the prosecution, was then called, and having been duly sworn, testifies as follows: Q. What is your name, your age, and your occupation? A. Charles Marshall; aze, twenty-seven; occupation, soldier. Q. In what service are you a soldier, how long have you been in that service, and to what company do you belong? A. The United States service; in that service since 1861; belong to company G of the 16th infantry. Q. Where have you been on duty during the last year? A. In Columbus, Ga. Q. Were you acquainted with George W. Ashburn, late of Columbus, Ga.? A. Yes, sir. Q. Were you present at his death? A. Yes, sir. Q. Did he die a natural death or a death by violence? A. By violence, sir. Q. State how you came to be present at his death. A. I was induced to go there, sir. Q. Who induced you to go there? State all the circumstances attending the death of Ashburn, so far as you know them. A. The first person that spoke to me about it was Doctor Kirksey, about three weeks before the affair took place; I had another interview with him about three days before it took place. The night that the affair took place I went down there, about between the hours of half past eleven and half past twelve, as near as I can judge; I met a party in a vacant lot near the house-the party that committed the deed; we then crossed the street; one of the party asked for admission into the 2 The counsel for the accused here asked that they may be allowed until to-morrow to file their answer or plea to the charge, for the following reasons, viz: that Alex. H. Stephens, who had been assigned to the position of leading counsel for the accused, had had no personal acquaintance with any of the prisoners until he met them in the court-room, and had never seen the char-es until a short time aoothis morning. The Commission was then cleared, and after deliberation the doors were again opened, and the Judge Advocate announced to the accused in open court, that the request of counsel was granted. The Commission then adjourn ed unt il to-morrow (Tuesday, the 30th inst.) at 10 o'clock A. ht. MCPHERSON BARRACKS, ATLANTA, GA., 10 o'clock A. M., June 30, 1868. Commission met pursuant to adjournment. Present, same members as yesterday, the Judge Advocate, the prisoners on trial, and their counsel. The record of yesterday's proceedings was read and approved. The Judge Advocate then asked permission to introduce John D. Pope, of the firm of Brown & Pope, as assistant to the Judge Advocate. Permission having been granted, he was accordingly introduced and took his seat as assistant to the Judge Advocate. The accused asked permission to introduce Marshall J. Wellborn as additional counsel for the defense. 17 -77,t-..,',' I fl I MILITARY OUTRAGE IN GEORGIA. house-knocked at the door; the answer came from the inside, "Who is there?" The answer was then made by the party outside, "Mary Tillinghurst," or some such name as that; I can't exactly remember the name; the party inside asked, 'What do you want?" the answer was then made, "I want to see Hannah Flourney." She says, "I can't let you in; it's too late," or "at this time of night," I am not positive which, but it was one of those two. The party outside made answer and said: "If you don't let me in I'll break the door down." The panel of the door was then broken and the door opened. There were three rooms in the house. As soon as the door was broken open the party made through the house to where Mr. Ashburn's room was; it was the third room, in the rear of the house; he asked, "Who comes there?" and then opened the door and stepped back. There was a round table in the middle of the floor and he lit a candle; the candle was sitting on the table. As soon as the door was open one of the party made the remark, "There's the d-d s-t." Ashburn was behind the table that time, when the firing commenced. As soon as the firing commenced he fell; after he was down one of the party stooped down to the side of the door and fired. There were from ten to fourteen shots fired altogether, as near as I can recollect. After that was over I went out of the house immediately; went across toward the Perry House and up Jackson street to my quarters-the court-house. In the first' part of my statement I forgot to say that there was a coat handed to me nearly opposite the house as I went down. Q. You say that the first person who spoke to you of this matter was Doctor Kirksey? A. Yes, sir. Q. If he is present, point him out. A. There he is, sir (pointing to one of the accused). Q. How long was that, did you say, before the death? A. About three weeks. Q. Where did the interview first spoken of, between you and Dr. Kirksey, take place? A. On Broad street, Columbus, Ga. Q. What did Dr. Kirksey say to you in that interview? A. Well, sir, he spoke of getting Ashburn "out of the way." Q. What did he say ab ou t getting Ashburn "out of the way?" A. He spoke of Q. What did he say about the party? A. He didn't mention no names to me, sir. Q. Do you know whether Dr. Kirksey asked any person to join the party? A. He asked me. Q. What did he say to you about joining the party? A. He told me it would be all right i f I did. Q. Anything else? A. Yes, sir; that I hadn't long to serve in the army, and could come back to Columbus to live. Q. Did he state any reason why Ashburn should be put out of the way? A. No, sir; not directly there. Q. Did he say anything about the number who would probably be of the party to dispose of Ashburn? A. He said there would be a crowd, sir; that was all. Q. Did he name fany person who would be of the crowd? A. No, sir. Q. Was there anything s aid in that conversation by Dr. Kirksey in regard to any reward or profi t that you or any one else might get by joining in the party against Ashburn.? A. Nothing more than that I would be all right, sir; have anything I wanted. Q. When did the second interview with Dr. Kirksey, of which you have spoken, take place? A. A few days before the affair took place, sir. Q. Where? A. On Broad street.: Q. State what passed between you in that interview? A. He told me that the party was made up and the affair would soon take place, and that when it did I should know of it. Q. Did you afterward get notice when the "affair, " as you call it, was to take place? A. Yes, sir. Q. How, when, and where did you get that notice? A. At my quarters, about a little before three o'clock on the afternoon of the 30th, the day it took place; it was brought to me by a negro boy. Q. Brought, how? A. It was wrapped up in a piece of brown paper; there was a mask with writing on a piece of paper on the inside of it; the writing stated, " meet to-night at twelve o'clock." Q. What has become of that writing? A. I tore it up, sir, as soon as I read it. Q. State, if you remember, what that writing contained? A. Meet to-night at twelve o'clock, sir. 18 party bein gotten up for that purpose, sir. MILITARY OUTRAGE IN GEORGIA. and a pair of dark pantaloons-not uni form. Q. Whom else did you meet there about the time Hennis gave you the coat? A. About a few minutes afterward-a very short time afterward-I met the other party. I met Hudson, Duke, Barber, Bedell, Dr. Kirksey, and Milton Malone. [Here the witness, at the request of the Judge Advocate, identified each of the parties just named as being among the accused.] Q. Where did you meet those persons whom you have named and pointed out? A. I met them in a vacant lot across from the house. Q. What house? A. The house where Ashburn was killed. Q. How far from that house? A. I should judge two hundred yards, one hun dred and fifty, somewhere along there. Q. Where did you proceed from there? A. To the house, sir. Q. What house? A. Where Ashburn was killed. Q. Where is that house situated? A. On Oglethorpe street, in the city of Columbus; I forget the name of the streets it is between. Q. Describe the house as to how it stands with reference to the points of the compass, the number of rooms, and particularly as to the room in which Ashburn was killed. A. The house stands on the west side of the street; it is a one-story frame house, three rooms; the front door is in the center; I am not positive whether there were two windows in the front or not; there is a side door in the third room leading into an alleyway; as regards the back of the house I know nothing; the door of the second room faces the front door as it opens; the front door opens to the right, and the door of the second room opens to the left; the door of Mr. Ashburn's room opened to the left; the door of his room is toward the left side of the house as you go in, it doesn't face the door of the second room; there is a fire-place in the center of the back room in which Mr. Ashburn was killed; those are about all the points I know of. Q. Does the house stand lengthways with the street or endways to the street? A. Endways to the street. Q. Did you go into the house you have described the night Ashburn was killed? If so, state when you entered, and what Q. Did y ou know the negro boy wh o left the bundle, as you have said? A. I did not, sir; had never seen him before as I know of. Q. What kind of amaskwas it? A. An ordinary false-face, sir, made out of pasteboard. Q. Was there any signature to the notice you say you received? A. No, sir. Q. Did you know the handwriting? A. No, sir. Q. Did you act upon the notice you have mentioned, and if so when did you go and whom did you meet? A. I left my quarters that night between half past eleven and twelve o'clock; went over toward the Perry House, which is across from the place where this occurrence took place; I met this party in a vacant lot opposite from the house on the other side of the street. Before I met the party I was handed a coat. Q. Who was the person who handed you a coat? A. Henry Hennis. Q. How did he come to hand you a coat? A. I met him just below the Perry House and he handed me the coat and said, " put this on." Q. Had you any previous arrangement with him about a coat for that occasion? A. Not with him I hadn't, sir. Q. Ha d you with any person, and if so, with whom? A. Yes, sir; I told Dr. Kirksey I wanted a rig, and he told me it would be there for me. Q. Wrhy did you wan t a " rig?" A. Because I didn't wan t to wear my uniform, sir. Q. When did Dr. Kirksey inform you that there would be a rig there for you? A. At the second interview I had with him. Q. What do you mean by a "rig?" A. I mean a suit, sir. Q. What kind of a coat was the one given to you, as you have said? A. It was a grayish coat, sir; an English walking coat. Q. What kind of buttons did it have on? A. The buttons were of bone; what their color was I don't know. Q. Large orsmall buttons? A. Rather large,-sir. I would not be positive about the exact size. Q. What kind of pantaloons and covering for the head did you have on at that time? A. I had on a black slouched hat 19 MILITARY OUTRAGE IN GEORGIA. other persons, if any, went in with you. A. I did, sir, somewhere in the neighborhood of midnight; the parties that went in with me are those that I have mentioned; there were others there, but those I could not recognize, and don't know who they are; there were from twenty to thirty in the party. Q. Did you see anything of George Betz that night? and if so, where did you see him? A. I saw him there in the party, sir. Q. Was he in the house with you? A. Yes, sir. Q. Were there any others in the house besides those you have named? A. Yes, sir. Q. Name them. A. I could not name them, sir; I am not positive who they were. Q. Why don't you know who they were? A. It was impossible for me to know all of them, sir. Q. Why was it impossible? A. There was too large a party, and I was not in the patty only a short time before the affair commenced. Q. Howlargewas the party? A. From twenty to thirty, sir. Q. Were any of them disguised? A. Yes, sir, all that I saw and talked with were disguised in a manner. Q. How were they disguised? A. By masks, the majority of them. Q. Were there any persons in the house besides Ashburn when you entered it? A. Yes, sir. Q. State who? A. There was a colored woman and a white woman. Q. Do you know their names? A. I have heard their names, sir; the white woman's name was Amanda Patterson, the colored woman's name Hannah Flourney. Q. Did you see any man in the house besides the party you were with and Ashburn? A. I did not, sir. Q. What did your party do after they entered the house? A. Proceeded to the back room where Mr. Ashburn was. Q. Tell what took place there? A. The firing, commenced there, and he was killed there, sir. Q. Who fired upon him? A. A party in the door. Q. In what door? A. The door of his room, sir. Q. Who constituted that party? A. MIyself, Duke, Barber, Hudson, and an other man, I am not positive who it was. I rather think it was Betz, but I am not positive about it. Q. Did all those persons fire on Ashburn? A. Yes, sir. Q. State what conversatio n, if a ny, took place betw e en Ashburn and your party previous to his death? A. Th remark he made was, " Who comes t ther e?" then he opened the door and stepped back and one of the party the n made the remark, "There's the d —d s-t,"'and then the firing commenced. Q. Who was the person who made the vulgar remark you have just mentioned? A. Hudson, sir. Q. How wer e your party armed? A. With revolvers. Q. Did y ou see Ash burn that night after he was dead? A. I saw him fall, sir. Q. Did you see any other persons go into the room after Ashburn fell; and if so, who were they? A. I seen two look into the room; there was not any person went into the room as I know of; I would not be positive whether any went in or not. Q. Who were the two persons who you say looked into the room after he fell? A. Kirksey and Bedell. Q. Did either of them do or say anythin-? A. No, sir; somebody made the remark then, "Come on, boys," and the party went out. Q. Was it immediately after Ashburn fell that Kirksey and Bedell looked into the room where he was? A. Yes, sir. Q. Was there a light in Ashburn's room at the time the assault ",as made upon him, and if so, what kind of a light was it? A. Yes, sir; a candle. Q. How long did your party remain in the house after Ashburn was killed? A. Hardly any time at all, sir. Q. Where did they go to from there? A. They dispersed, sir. Q. Where did you go? A. I went home, sir, to my quarters. Q. You say, I believe, in your previous evidence, that one of your party stooped down and fired at Ashburn who was that? A. It was Hudson, sir. Q. Wphere was Ashburn at the time Hudson so fired? A. He was behind the table, sir, lying on the floor. Q. Did Hudson make any remark at the timse he fired? A. No, sir. Q. Could he have shot Ashburn Without stooping down, after Ashburn 20 MILITARY OUTRAGE IN GEORGIA. fell? A. The table was in the way, sir. Q. Did you see the remains of Ashburn after that night? A. No, sir. Q. Did you have any conversation with any of the other parties connected with the assassination of Ashburn previous to the meeting for that purpose? A. No, sir. Q. Had you heard the matter of disposing of Asliburn discussed previous to that night? A. No, sir; not particularly. Q. What induced you to take part in the killing of Ashburn? A. Well, sir, there was a great many inducements. Q. State them. A. The various associations I had, sir; I always had it instilled into my mind that he was better out of the community than in it. Q. To what associations do you refer? A. People in town, sir. Q. Was there any sort of organization that you know of where the propriety of getting clear of Ashburn was discussed or considered? A. Not as I know of, sir. Q. How did it get instilled into your mind that Ashburn should be disposed of? A. Well, sir, by conversation I had with different people; all my companions were outside of my company; I attended very little to my duty as I should have done, and I was warned by my commanding officer to stop my associations, but I failed to do that, and kept headlong in my course, which brought me where I am; had I taken his advice I should have done right instead of wrong. Q. Were any of these men on trial your associates in Columbus? A. I used to speak to them; would meet them very frequently, nearly all of them. Q. Have you had much acquaintance with the defendant Chipley? A. No, sir, I have not; I never spoke to him in my life until after the occurrence. Q. What conversation did you have with him after the occurrence? A. I merely spoke to him up in the court-house when he was under arrest; merely passed the time of day with him, sir. Q. Have you had no other conversation with him? A. No, sir. Q. Since this occurrence have you received any valuable presents from any person in Columbus; if so, state what? :4. I received a watch since that occurrence, sir. Q. W~hat kind of a watchl? A4. A gold hunting-case watch. Q. Worth about how much? A. Three or four hundred dollars, sir. Q. Who gave it to you? A. It was handed to me by a clerk in a jeweler's store. Q. State his n ame, when and whe r e i he handed the watch to you? A. Ingtmire is his na me; he handed me t he wat ch o n the night of the 24th of April, in front of the Presbyterian Church. Q. Do you know who provided that watch for a pre se nt to you? A. I do not, sir. Q. Did any pe rson tell yo u before you received it that it was to be presented to you? A. Yes, sir; several spoke to me about it. Q. Name them. A. Barbe r an d a young gentleman named Gunby spoke to me about it; said that I would ta receive it; a man by the nawe o f Willia ms spoke to me about it also. ~ Q. Was there anything besides the watch given to you at that time? A. A chain, sir, with the watch. Q. Was Mr. In-mire a particular friend of yours? A. No, sir; I was not much acquainted with him. Q. Did you receive any other present of value, at the death of Ashburn, from any of the citizens of Columbus? A. No, sir; I received no present. Q. Did you not receive money? A. Yes, sir; I received that in form of a loan. Q. How much, and from whom? A. I received one hundred dollars from Mr. Wilkins, formerly Mayor of the town. Q. How did you, a private soldier, come to have such good credit with Mr. Wilkins? A. I don't know, sir; I asked him for the loan of it, and he told me I could have it. Q. Did he let you have it immediately upon your asking for it? A. No, sir; about a week afterward. Q. What conversation passed between you at the time you asked for this loan? A. I asked him for the loan of it, saying that I wanted to go home on furlough. He says, "I will let you have it before you go." Q. Had you and the Mayor been on intimate terms previously? A. Yes, sir. Q. Did anybody else suggest to you to apply to him for a loan? A. No, sir. Q. Did you go home on furlough, and if so, when? A. Left on the 25th of April and returned about the 24th of MIay. Q. How did it happen that you and the 21 MILITARY OUTRAGE IN GEORGIA. Mayor were on such good terms? A. Nothing as I know of, sir. Q. Have you ever returned the money so borrowed, or have you ever been asked to return it? A. No, sir. Q. Did you give any note or surety for the loan? A. No, sir. Q. What did Ingmire say to you when he handed you the watch and chain? A. He told me to take it; that is about all the remark he made: "Take this and take care of it. " Q. Didn't he tell you, or intimate to you, who the present was from? A. He said it was from my friends. Q. Did he tell you, or did you know, what friends he referred to? A. No, sir; none particular. Q When were you to pay the money borrowed from the Mayor? A. There was no time mentioned, sir. Q. Has he applied to you since you returned for payment? A. No, sir. ' Q. Has any person, for him, applied to you for payment? A. No, sir. Q. Have you seen him since you returned? A. Yes, sir; frequently. Q. State the day of the month and the day of the week, if you can, when Ashburn was killed? A. It was Monday, the 30th of March, 1868. Q. Was he killed before or after midnight? A. It was about midnight; Monday was the 30th, and it was the night between Monday and Tuesday that he was killed. Q. Do you know what county and State Columbus is in? A. State of Georgia; I believe it is in Muscogee county, sir; I am not certain. Q. Were your interviews with Kirksey in the day time or in the night, and was any person present at either interview? A. In the day time; no person was present at the interviews. Q. How long had you been acquainted with Kirksey? A. About a year, sirnearly a year. Q. How many shots were fired at Ashburn? A. About ten or fifteen. Q. Do you know how the pistols were loaded that were fired at him? A. No, sir; I couldn't say that. Q. Can you say as to your own? A. Yes, sir; mine was loaded with powder and ball, an oblong leaden ball. Q. How many shots did you fire at Ashburn? A. I fired one, sir. Q. Do you know whether your shot struck him? A. I do not, sir. Q. Have you had any conversations with any of these prisoners about the killing of Ashburn since the occurrence? A. No, sir. Q. Did all the persons engaged in this affair enter the house that night? A. No, Q. Did you see any others about except those in the house with you? A. There were some others at the side. Q. How do you know that? A. Because the sid e door was broken i n. Q. W hat door do say was b roken in? A. Th s d t e side d oor; the doo r from the alley into Ashburn' s room. Q. When was that door broken in? A. During the firing, sir. Q. Was it thrown open? A. I would not swear whether it was or not; I am not positive. Q. Could you recognize the persons outside, about the door broken in? A. No, sir. Q. Does the size and form of any one of the prisoners here, whom you have not indentified, correspond with those of any person whom you saw in the house, and whom you then did not recognize? A. Yes, sir; I saw one man that night I thought was Mr. Chipley; I would not be positive, but I thought so from the size of the man. Q. Was the person whom you thought was Air. Chipley disguised, and if so, how? A4. Yes, sir; disguised with a mask. Q. Who seemed to be the leader of your party? A. This man I speak of. Q. Which man? A. The man I supposed to be Chipley. Q. What did this leader do? A. He appeared to have all the say in the party, sir. 22 MILITARY OUTRAGE IN GEORGIA. Q. Did he have a pistol or did you see a pistol in his hands? A. I did not see a pistol in his hands. Q. Are you certain and positive that you say Kirksey, Duke, Barber, and Hudson, the accused now before you, in the house where Ashburn was killed that night? A. I did not see them all in the house; I saw some in the house and some outside. Q. Which were in and which out? A. Duke, Hudson, and Barber, were inside; they were in the door leading out of the second room into the third; I saw them all'before I went in; Kirksey and Bedell were in the second room; myself, Barber, Hudson, Duke, and this man, I take for Betz, were standing right in the door where the shooting took place; the other two were in the room, and Malone was in that room too, in the second room. Q. You are certain and positive then that all those parties were in the house at or about the time of killing? A. I am, sir. Q. Are you just as positive in this statenlent as in any you have made? A. I am, sir. Q. Had you any intimacy or personal association with Hudson? A. Not of any account; I have seen him hundreds of times. Q. Did you ever spend five minutes of conversation with him in your life? A. I don't know as I have, sir. Q. Who did you say talked with you about the present of the watch you have testified about? A. A young man named Gunby, and Barber also told me I would receive it. Q. You said somebody else on your direct examination whose name I did not hear; who was it? A. Mr. Williams, I think, sir. Q. Which Williams? A. One of two brothers, I don't know his first name, but think it is Dan. Williams. Q. What Gunby do you refer to? A. His father keeps a store on St. Clair street; I don't know his first name. Q. Is it the son of Robert M. Gunby? A. I don't know, sir; I don't know his fir st namne. Q. Where is the storehouse located that his father occupies? A. In St. Clair street, below Broad, toward the river. Q. These are the parties that told you beforehand that the watch would be given to you? A. Yes, sir. Q. W~hen did you say the watch was Q. What was the cause of this animosity; doyou know? A. He was politically opposed to the majority of the people, sir. Q A. t t w ras that th e r easo n for this oranization to kill him? A. That is all the reason, I suppose, sir. Q. What makes you so suppose? A. From hearsay. Q. Why did you take part in killing him? A. I don't know, sir; the influence was so treat over me I suppose, I could not resist it; I didn't resist it anyhow. Q. What influence? A. Miy associations, sir. Q. Were those influences social or political? A. Both, sir. Q. Were you opposed to Ashburn politically? A. I was, sir. Q. Was that fact well known amony your associates in the city? A. Yes, sir. Q. Did you not have a personal difficulty with Ashburn? A. Yes, sir, I had. Q. Did you not slap his jaws, or strike him the evening before he was killed? A. I can not say whether I struck him or not, sir, when I had the difficulty with him; it was early in the afternoon and I was under the influence of liquor; it was about half past three in the afternoon. Q. Where did this occur? A. In the upper part of the city, in Broad street. Q. Whose house was it at? A. In nobody's house; it was on the street. Q. Was it not at Jack Clark's grocery? A. No, sir. Q. Were you or not too much intoxicated to recollect distinctly what occurred, or where it occurred? A. No, sir, I was not; I recollect where it occurred. Q. But you do not recollect whether you slapped his jaws or not? A. No, sir; I think I didn't. Q. Do you now recollect whether you struck him at all or not? A. I did strike him, sir. Q. Did you or not say to Wim. H. Williams, captain of the fire company in Columbus, that you intended to kill Ashburn, or words to that effect? A. I might have said so that night; I would not swear to it though; I don't remember it. Q. Did Ashburn shoot or fire his pistol in the crowd'that entered his room? A. I think not, sir. t t t 23 Cross-Examination by A. H. Stepheitsfor the Defense. MILITARY OUTRAGE IN GEORGIA.. given to you? A. On the night of the 24th of April. Q. Was or not this the night of the day on which the election on the adoption of the Constitution, and election of officers of the State under it, closed? A. It was the night of the day after, sir; the election closed on Thursday and this was on Friday night. Q. Had you not been very active before the election, and during its four days' duration, in opposition to the adoption of the Constitution and in co-operation with all these parties? A. Yes, sir. Q. What was your position in your company before the election? A. First Sergeant, sir. Q. Were you arrested during the election, and by whose orders, and for what? A. I was arrested by Captain Mills and reduced to First Duty Sergeant by his order, for trying to influence the electionthat is what he charged me with. Q. Was or was not Mayor Wilkins an opponent of the Constitution? and did not the opponents of that measure generally express sympathy with you because of the treatment you received for the course you had taken? A. Yes, sir. Q. After you were reduced to the position of Duty Sergeant, did you not immnediately apply for a furlough? and do you not know that the money Mayor Wilkins let you have was raised by contribution among the people? A. I applied for a furlough about a week before I was reduced; I do not know that the money Mayor Wilkins let me have was raised by contribution among the people. Q. When did you get the furlough? A. It dated from the 25th of April, sir. Q. That was how many days after you were reduced? A. About three days, sir. Q. How long after this was it Mayor Wilkins let you have the money, and did you or not tell him you wanted it to bear your expenses home? A. He gave it to me on Friday night, the night of the 24th of April; I told him that I wanted it to take me home. The counsel for the accused asked that the Commission adjourn until tomorrow. The Commission retired for deliberation, and on returning the Commission adjourned to meet to-morrow morning at 10 o'clock. MCPHERSOmN BARRiACKSi ATLANTA, GA., July 1, 1868, 10 o'clock, A. M. I The Commission met pursuant to adjournment. Present-The same members as yesterday, the Judg,e Advocate, the prisoners on trial and their counsel. The record of yesterday's proceedings was read and approved. Cross- Exa mination of Charle s,iarshall r esumed by the Defen se. Q. What was the character of the hous e where Ashburn was killed? A. I never was in the house before and know nothing of its character. Q. What is its character by public reputation? A. I heard it spoken of as a bad house. Q. Is it not notoriously a house of illfame? A. Not as I know of; I have heard say so. Q. Who is it reputed to be kept by? A. I believe this Hannah Flourney spoken of was the proprietress of the house; I have heard say so; I could not be positive about it. Q. Is she the white woman or the colored woman? A. The colored woman. Q. Did Mr. Ashburn livein that house? A. As far as I know he did, sir; I am not positive. Q. Did you ever see Mr. Bedell before that night? A. Yes, sir. Q. Did you ever speak to him in your life? A. Yes, sir. Q. Before this occurrence? A. I think I have, sir, I won't be positive. Q. When? A. I am not positive, sir, when. Q. Where? A. In Columbus, sir. Q. Whereabouts in Columbus? A. I will not specify any particular part, sir. Q. Was it on the street or where he was engaged in business? A. If I have spoken to him it is on the street; I am not positivewhether I spoke to him before that affair. Q. If you had ever spoken to him do not you think you would recollect it? A. I am not positive, sir, I speak to a great many persons. Q. Do you speak to a great many people that you are not made acquainted with -have no acquaintance with at all? A. No, sir. Q. Would it be likely for you to have spoken to Mr. Bedell, having no acquaint 24 MILITARY OUTRAGE IN GEORGIA. Q. What was the hour of roll-call? A. Nine o'clock, sir. Q. What became of you then? A. I. remained in my quarters about half an hour. Q. Where did you go then? A. Went around on Broad street and got a drink, sir. Q. Where at? A. A saloon called the " Ruby." Q. Where did you go then? A. Went back to my quarters. Q. Did you take another drink at the "Ruby "? A. I took one drink there, sir, and then went round to my quarters. Q. Where did you say you stopped when you came to Broad street? A. I stopped at the "Ruby," sir; the saloon called the "Ruby." Q. After nine o'clock? A. Yes. Q. Where did you go then? A. Back to my quarters, sir. Q. How long did you remain there? A. Until about half past eleven o'clock. Q. Was that the time you left to go to the meeting of the party? A. Yes, sir; somewhere between eleven and twelve. Q. Did you pass the sentry? A. I did, sir. Q. Who was on sentry that night? A. I do not remember, sir. Q. Were the men permitted to pass in and out any time of the night? A. No, sir; not generally. Q. How were you allowed to pass? A. There was never any restriction on me passing out. Q. How did that occur, that there was no restriction on your passing? A. I was in charge of the company then, sir. Q. Where was the coat given you that you have testified about? A. Near the Perry House. Q. You say Mr. Hennis handed that to you? A. Yes, sir. Q. Which side of the Perry House? A. Above it, sir. Q. In Oglethorpe street or Jackson street? A. In Oglethorpe street, sir; the Perry House is on Oglethorpe street, not on Jackson street. Q. Did not you have three citizens' suits? A. No, sir. Q. When you were working for the Democratic Club did not you tell them that you had citizens' suits to put on the soldiers to go out electioneering for them —three citizens' suits? A. I never knew I was working for the Democratic Club, sir. ance with him? A. Well, sir; I have spoken to a great many persons in Columbus without any introduction. Q. You are not positive that you ever did speak to him? A. Not positive; no, sir; I would not swear to it. Q. What time in the evening was it when you had the difficulty with Mr. Ashburn? A. The forepart of the afternoon. Q. About what hour? A. I should judge, between three and four o'clock; I would not be positive about the hour, sir. Q. Where did you go after that interview with Mr. Ashburn? A. Went round town, sir. Q. Where to; what place? A. Went to several places. Q. Name any one? A. I stopped in a saloon-two saloons. Q. What saloons? A. Stopped in at the "1 Arbor," sir, on St. Clair street, above Broad. Q. Did you:meet anybody there you knew? A. Met the bar-tender there. Q. Anybody else? A. Not as I remember, sir. Q. What other saloon did you go to?. A. Cooke's Hotel, sir. Q. Did you meet anybody there you knew? A. The man who kept the place, sir. Q. Anybody else? A. Not as I remember; there was some one in there, sir, but I am not positive who they were. Q. Where did you go then? A. Wentp down to my quarters. Q. At what hour did you reach your quarters? A. I judge about five o'clock, sir; somewhere about then. Q. Did you remain there until eleven o'clock, or half past? A. No, sir. Q. Where did you go? A. I went down town, sir, to supper. Q. Where did you take your supper? A. Took it in a friend's house, lower part of Jackson street. Q. What is the name of your friend? A. MacSpadden, sir. Q. At what time did you take supper? A, I judge between seven and eight o'clock. Q. Where did you go then? A. Came out to my quar ters about half past ei ght. Q. Where did you go then? A. Remained there until after roll-call. Q. When you went from your supper at MacSpadden's who went with you? A. Mr. Harris, sir. 25 - .MILITARY OUTRAGE IN GEORGIA. A. Barber's mask I should judge to be one he made himself; I am not positive, but it l o oke d to me like a con cern h e ma de himself; it was a dark affair. Q. What s o r t of a mask di d Huds on have? A. Hudson had a mask something li ke Barber's. Q. What sort of a mask did Duke have? A. Duke's mask, sir, was a small mask; came abouot down just a bout the chin. Q. What s ort of a ma sk did Kirksey h a ve? A. I would n ot be po sitive about h is mask, sir. Q. What sort of a mask did Malone have? A. Malone had a mask something like min e, sir. Q. What sort of mask did Betz have? A. I did not see Betz full in the face, sir; could not swear to it. Q. Who first spoke when the party left the vacant lot? A. The first remark that I heard was when we got to the house. Q. Did nobody speak when you left the vacant lot? A. I am not positive of it, sir. Q. Did anybody speak after you arrived there? A. There was something spoken, sir, but I am not positive as to what it was. Q. Was there anything said by anybody when you left the vacant lot? A. Yes. sir, I said there was something said. Q. Who said it? A. That I am not positive of. Q. What was said? A. That I am not .positive about. Q. What became of Hennis after he gave you the coat? A. He joined the party, sir. Q. Did he lead it? A. No, sir, I think not. Q. After you got into the middle room of the house where Ashburn was, who opened the door into his bed-room? A. He opened it himself, sir. Q. Who were with you in there did you say? A. I said there was Barber, Duke, Malone, Hudson, and this man I took for Betz. Q. How was Betz dressed? A. The man I take for Betz had on a pair of plaid pantaloons and thin coat. Q. Which of the parties entered the door of Ashburn's bed-room first? A. They entered about simultaneously;I could not swear to any one being in adIvance or in the rear. Q. You and all the other parties? A. IX Q. The question is, did not you tell one of the Democratic Club that you had three citizens' suits to put on soldiers? A. I didn't tell him I had the suits, sir; I told him I could get the suits. Q. Did not you tell him that you had sent them out with these suits on? A. Not as I remember, sir. Q. You say you did not know you were working for the Democratic Club; what interference was it that you had in the election that caused your arrest by Capt. Mills? A. The Captain accused me of trying to influence men to vote, sir. Q. You stated yesterday, I believe, that you were co-operating with those parties that spoke to you about the watch in the election; were they or not known to be Democrats? A. Yes, sir, they were. Q. In what way did you co-operate with them in the election? A. By endeavoringt to influence the freedmen's votes, sir. Q. How was the election conducted at the polls? A. Conducted as nearly all the elections were; there were sentries at the door and judges of election at the door. Q. Was there a guard of soldiers in a row, through which the voters had to pass? A. There were two sentries, sir; there was no "row." Q. Was it a matter of difficulty or not, to your knowledge, for a colored man who was going to vote the Democratic ticket to get access to the polls? A. No, sir. Q. Was not your main business-being an officer-to conduct that class of voters to the polls? A. No, sir. Q. Did you take any of that class of voters to tlhe polls? [Objection to the question was made by the Court and it was withdrawn.] Q. You say these parties were masked? A. Yes, sir. Q. What kind of masks did they have? A. Different kinds, sir. Q. What were the kinds-some of them? A. I would not be positive what they were made of, sir. Q. What sort of mask did you have? A. I had an ordinary pasteboard mask, sir. That I woul an ad not be positive of, sir. Q. What sort of a mask did Bedell have? A. I would not be positive as to his mask, sir. Q. Po sitive as to him and not as to his macsk? A. Yes, sir. Q2. What sort of mask did Barber have? 26 MILITARY OUTRAGE IN GEORGIA. Yes, sir; not all the others; it was impossible for all to get there at the same time. Q. Which one went first, that is my question, and I repeat it? A. The man I took for Barber is the man who went first. Q. Who next? A. That I am not positive about, sir. Q. Where were you? A. Right there at the door, sir. Q. Did either one get into Ashburn's room? A. No, sir, they remained on the threshold of the door. Q. Did you all shoot standing there in the door? A. Yes. Q. Did you shoot over anybody's shoulders? A. No, sir. Q. Who was to your left? A. The man I took for Hudson. Q. Who was to your right? A. The man I took for Barber. Q. Then where were the others standin,? A. Right in the rear of us. Q. Did they shoot overyour sh oulders? 4. They did, sir. Q. But none of you wot into the room? A. No, sir, no person got inside the rooln. Q. Where was Ashburn when you first saw him? A. I n th e t hird room standing in t herear of thr e table. Q. What sort of table was that? A. As near as I can remember it was a round table. Q. What part of the room wa s it in? A. In the center of the room. Q. What other furniture was there in the room? A. There was a bed, sir. Q. What part of the room wasthe bed in? A. At the right hand as you went in the door? Q. Any other furniture in it? A. I would not be positive, sir? Q. Where was the candle when the door was opened? A. On the table, sir. Q. Did it remain there all the time? A. I think it did, sir. Q. What did you do with your mask? A. I threw it away, sir. Q. Where did you throw it? A. In Jackson street. Q. Threw it down in the street? A. Tore it up, sir, and threw it away. Q. W~hat did you do with the coat? A. I threw it off, sir, as soon as I left the house, sir. Q. Left it in the street? A. I don't know whether it remained on the street or not. Q. You threw it away in the street? A. I did, sir. Q. In which street? A. Oglethorpe street. Q. What did you strike Mr. Ashburn for, the evening before he was killed? A. I had some words with him, sir. Q. Was it not because you knew that he was going to report you to Capt. Mills next day? A. No, sir; I never knew any thing of the kind. Q. Did not you tell Foster Chapman at his drug-store that evening, that that was what you struck him for, that he was going to report you next day to Captain Mills? A. No, sir; I did not; I told him I struck him, and that he was going to report me for striking him; and Foster Chapman told me I could get any bond I wanted if he did report me. Q. Didn't you tell Foster Chapman then that you intended to kill Ashburn? A. I don't remember having told him anything of the kind, sir. Q. Do you swear that you didn't tell Foster Chapman that Ashburn was going to report you, and that you would kill him, Ashburn? A. I swear that Ashburn said he was going to report me, and I told Mr. Chapman so, sir; but as regards my saying that I would kill him, I will not swear to. Q. You will not swear that you did not tell him so? A. No sir; I will not. Q. Did you not make a similar statement, or the same statement, to Van Marcus the same evening, and to Julius Clapp? A. I did, sir; I made the same statement as regards me having the fuss with Mr. Ashburn, and my striking him, and that he was going to report me for it; this took place in the interview I had with Mr. Clapp in the saloon under Cooke's Hotel, just below the drug-store; he anda party were playing cards in the back part of the saloon, and when I told him, he told me if I wanted bond I could have it. Q. Was that the time that you passed by Cooke's saloon, as you have testified before? A. It was, sir. Q. Was there a political meeting in Columbus that night? A. I heard say there was; I am not positive, sir. Q. Which party had the meeting? [Objected to by a member of the Court, and withdrawn.] Q. Is it within your knowledge that Mr. Ashburn was at a public meeting that nighlt? A. It is not, sir. 27 MILITARY OUTRAGE IN GEORGIA. A. In the right-hand side of the room, when I se en her. Q. Did she do anything but sta nd s till? A. I would not swear to what she done, sir; I passed her quickly; and then my back was to her, and what she did I am not positive of. Q. Was she still there as you returned? A. She was, sir; ther e was a candle lit in that room. Q. Did she sa y anything? A. Not that I heard. Q. Do you state that you saw another woman, ir it loe, ei ther white or colored, in either of the ro oms? A. There was a colore d woman got out of the side wi ndow as we got into the se cond room; sh e was not in the room at the time we got in; she got out the side window, on the right-hand side of the room. Q. You saw a colored woman then get out of the window? A. Yes, sir. Q. Who was it? A. I didn't know her then; I suppose it is this Hannah Flourney. Q. Was she in the room again as you returned back? A. I didn't see her, sir. Q. When did you say you enlisted? A. In 1861, sir. Q. Where? A. The first place was in Trenton, New Jersy. Q. How long a term for? A. Three months, sir. Q. Where and when did you next enlist? A. In Philadelphia; about the 1st October, 1861. Q. How long for? A. Three years, sir. Q. Where did you next enlist, and when? A. In December, 1864, at Brandy Station, Virginia; 1863, I should say, sir. Q. How long for? A. Three years, sir. Q. When and where did you next enlist? A. Buffalo, New York, sir; on the 8th day of January, 1866. Q. For how Ion,,? A. Three years. Q. When were you arrested for your connection with this matter? A. About three weeks ago, sir; between three and four weeks; I was not aware that it was for connection with this matter that I was arrested. Q. W~hen did you become aware of it? A. Wohen I was brought here, sir. Q. How did you become aware of it? A. I was told of it by Major Whitley. Q. Did Major Whitley have you arrested? A. That I would not swear to, sir; I do not know who had me arrested. Q. You stated that he was a very unpopular man in Columbus, and that it was on account of his political principles being D against the majority of the people; was n ot the majority of the same party with himself? A. Not the majority of those having influence, sir. Q. Was, or not, the majority of those who voted at the polls of Mr. Ashburn's party? A. As far as I understand, sir, the returns of the election prove that they were. Q. Is it within your knowledge that there was strong opposition to Mr. Ashburn within his own party? A. I never heard of any, sir. Q. Do you know a Mr. Bennett? A. I do, sir. Q. Did he live in this house with Mr. Ashburn? A. I do not know, sir. Q. Did you see him in that room that night? A. No, sir. Q. If he had been in the room, do you think you would have seen him? A. No, sir; there were plenty of opportunities for him to secrete himself, sir. Q. Did you have any conversation with Bennett, about Ashburn, before? A. Never spoke to the man in my life, as I know of, before the affair took place. Q. Was there anybody in the room that you first entered? Did you see anybody in it? A. Not when I first entered, Q. Did you see anybody in the second room? A. I did, sir. Q. Who did you see there? A. I seen a white woman. Q. Who was she? A. I would not swear to the woman, sir; never seen her before in my life, nor since, that I know of. Q. Did you hear her name called that night? A. No, sir. Q. Have you ever seen her since? A. Not to know her, sir; I seen a woman said to be her; but whether it is her or not I do not know. Q. Would you know her if you were to see her? A. I do not think I would, sir. Q. Did you see any other person; any other woman in the house that night? A. No, sir; I would not swear to it. Q. Where did you first see this white woman? A. I seen her in the middle room, sir. Q. Where did she go? A. She remained there, sir. Q. What part of the room was she in? 28 sir. MILITARY OUTRAGE IN GEORGIA. and at the same time be tried; it was not necessary for Major Whitley to tell me that. Q. You knew, then, that by making the statement you have you would be saved yourself? A. I don't know, sir; I didn't know whether my evidence would be sufficient to do, sir; consequently I wished to implicate no one; I did not do it for that purpose, sir. Q. You stated that you didn't know your evidence would be sufficient to do; what do you mean; "sufficient to do" what? A. I didn't know whether my evidence would convict or not, sir. Q. If it convicted, you knew that you would be dischar,ed-not hurt yourself? A. I did not know positively, sir. Q. Was that the impression under which you made the statement to Maj. Whitley? A. The impression I labored under when I made that statement was that it was my duty to do so, and I did so, openly and frankly-not looking forward to anything that may come hereafter. Q. You stated that it did not require waIaj. Whitley to tell you that you would not be liable to punishment if you made this statement; now, my question is, whether you were under the impression at the time you made it that by making it you would be free from hurt or hlarm; was that your impression? A. I was not positive as regards that. Q. Was it your impression; was it what you thought? A. I say I am not positive, sir. Q. Hiave you ever received a letter since your arrest, in relation to the arrest, from anybody? A. Never received a letter from any one. Q. Did you ever receive a written statement from any one? A. No, sir. Q. Did you tell private Price, of company C, 16th infantry, that you had received such a statement from some person? A. No, sir; I don't know such a man in company C, 16th infantry. Q. Any private in company C? A. No, sir; I know them, but I never told them anything of the kind. Q. Any such to anybody? A. No, sir. Q. Hlow was the matter disclosed to you by Major Whitley? A. Well, he told me what I was arrested for, sir. Q. What else did he state? A. He told me that if I knew anything about it, I had better make a full confession of the affair. Q. What reason did he give you for that? A. He gave me the reason that it was my dutyr,sir, and proved to me that th e evidence against me was sufficient. Q. Did hle hold out any inducements to you? A. H e did not, sir; nothint whatever. Q. Did hlie tell you that if you would testify to certain facts, which he stated to you, there would be no prosecution against you? A. He did not mention any "certain facts" at all, sir; he told me to tell what I knew, sir. Q. How many conferen ces have you had w ith Iaj. Wohitley? A. I spoke to aAaj. Whitlney three o r f our tinlmes befor e I said anyf thing of the affair to him. Q. Did he make any statement to you th at in case you testified to the implication of these gentlemen you would not be punislhed? A. He made no statement to me as regards my testifying against any particular person, sir; he told me to tell what I knew of the affair, and I did, openly and frankly; he offered me no inducements. Q. Did he tell you that you would not be punished if you would so testify? A. He told me I would not be prosecuted; he did not tell me whether I would be punished or not; after I made the confession to him he told me that. Q. Did he make that statement to you before you made any confession to him? A. Not that I remember, sir; I knew myself I could not be placed on the stand Q. Did not Maj. Whitley tell you that he would guarantee youagainst harm from Government if you would? A. No, sir; never talked of the Government harming me, sir. Q. Did not Maj. Whitley tell you he would guarantee you against all harm on account of this if you would? A. He told me he would guarantee me protection, sir. Q. Did MaIj. Whitley have exclusive control of you since your arrest? A. No, sir. Q. Any person permitted to see you without his authority? A. There was no one came to see me, sir, to have any interview with me. Q. Did you have any interview with anybody but Maj. Whitley since your arrest? Yes, sir; I had. Q. Whom? A. Gen. Dunn and Gov. Brown, sir. l Q. At your quarters or at their quar 29 - M ILITARY OUTRAGE IN GEORGIA. what I was arrested for, and I told him I did, sir. Q. You have just stated that you never knew what you were arrested for until he told you; how do you explain that? A. I was not positive; I knew what I was arrested for; my own conscience told me that; I might have been brought here on some other charges, just as easily as not, if there had been any evidence against me. Q. Did not you expressly state that you never knew what you were arrested for until Maj. Whitley told you? A. I did, sir; that is, I never was informed by anybody; I knew myselfwhat I was arrested for. Q. Did Maj. Whitley then tell yoa what you were arrested for by simply aski ng you if you knewwhat you were arrested for and your telling him yes? A. That is not the way he told it; no, sir. Q. How did he tell it? A. He told it in a rather indirect way. Q. Well, how did he tell it? Just answer that question; how did he begin? Narrate it just as it occurred; as near as you can recollect, word for word. A. He s poke to me about this affair, sir. Q. Just state ho w he began; what ihe said; his own words, as near as yo u can recollect. A. He told me what I knew to make a statement of, sir. Q. What is the fir st word he said? How did the conversation begin; what did h e state? A. I would not s wear to the first word, sir. Q. Well, just as near as you can; bring to your mind now how it began and what he said. A. That is what he said, sir; he told me to make a statement of what I knew about the affair, if I knew anything; he did not demand it of me-nothing of that kind; merely asked me to do it. Q. When was that? When did that occur? A. Just after I had gotten here. Q. Which room were you in? A. I was in the third cell, sir; the same thing took place also in the second cell. Q. Which first-the second or third? A. The first time he spoke to me about it was in the third cell; there was less said there than in the other. Q. Which one were you in first? A. In the third cell. Q. What do you mean by third cell? A. I mean the third door. Q. Where you ever put in that cell when you first came? A. No, sir; I was not ~put in there when I first came. ters? A. At the Adjutant's office in this garrison. Q. Who took you there? A. The sentry. Q. Who had the control of your prison door? A. T he S ergea nt of th e gu ard. Q. U nder whose control was the S ergeant of the guard? A. I suppos e he was under the of ficer of the day, sir, as far as I know; that is how I understand. Q. D id Maj. Wh itley c ome to see you when he ple ased? A. I don' t kno w, sir, whether he come when he pleased or whether he bad t o get permission; I am not positive about that, sir. Q. Did anybody else except him come to see you then? A. Not in t h e cell, sir. Q. How often was h e with you there? A. I spok e t o hi m once in the cell and once outside, sir; t hat is all I re memberyes, sir, I spoke to him three times: the first tim e I was in the third cell, next time I was in the first cell, after the partition was put up, and the next tim e I was in th e hall, last Sunday night a week. Q. What sort of a cell were you first put in? A. In on we of those cells over there at the guard-room, sir; the cell before it was altered was, I suppose, five or six feet wide and eight or ten fbet long. Q. How lon e d id it remain in that condition? A. I don't know, sir; I was taken o ut of that cell and pu t in th e end one. Q. How long was it before you were changed from one cell to the other? A. It was about eighteen hours. Q. Who was there when you was so changed? A. The Sergeant of the guard, and i think 3Iaj. Smythe was in the hall, sir. Q. 31aj. Whitley there? A. I did not see him, sir. Q. What is the size of the second room you were put in? A. It is one of the large cells split in two by a partition; it is about three feet wide. Q. Did you have any conference with Maj. Whitley in the first room you were put into? A. I spoke to him as regards getting a blanket and one thing or another. Q. In which room was it that he first told you what you were arrested for? A. In that room, sir. Q. The first one? A. Yes, sir. Q. You had a talk with him in that room then about something beside a blanket? A. He just asked me if' I knew 30 MILITARY OUTRAGE IN GEORGIA. Q. W~as that the first cell you were put Q.Ddo di no Mao Whte Q. Did or did not Major Whitley charge you not to implicate any innocent person in any statement that you might make? A. He did, sir. Q. When, in your examination yesterday, you stated that the majority of the people of Columbus were against Ashburn, in regard to which statement you have been examined to-day, were you speaking of the sentiments of the whole people of that locality or a class, and if a class, what class of the people were you speaking of? A. I was speaking of the clas s having the most influence. Q. Were you speaking o f the white population or of the black? A. Of the white, sir. Q. HI ow many drinks did you take that night, th e night of Ashburn's assassination? A. I took one, sir, at the " Ruby." Q. Were you more or less intoxicated that night than you were in the afternoon? A. More in the afternoon. Q. You stated in your cross-examination that you were not certain whether you had spoken to Bedell before the night of the killing of Ashburn; had you not often seen him previous to that time, and did you not know him well by sight? A. I seen him most every day, sir, and knew him well by sight. Q. Were you intoxicated at all the time of Ashbnrn's assassination? A. I was not under the influence of liquor, sir. Q. Was that the first cell you were put in? A. Yes, sir. Q. He mentioned it then to you the first twenty-four hours after you came? A. I think it was, sir; yes, sir. Q. Then you were taken to the second cell? A. I was taken to the end, sir. Q. The second cell you were in? A. Yes, sir. Q. That is the one you say was about three feet by eight? A. Yes, sir. Q. How lo-ng were you in that? A. was in there over twenty-four hours. Q. How long? A. Putthere one afternoon and kept there until the second morning after. Q. Where were you taken then? A. To the cell in the lower end, sir. Q. What is the size of it? A. About six by eight, sir; somewhere about there. Q. Was that the first cell you were put in? A. No, sir. Q. How long did you remain in that place? A. Until the next morning. Q. Where were you taken then? A. Into the guard-room with the prisoners. Q. How long did you remain there? A. Until last Monday morning; a week, sir. Q. Where were you taken then? A. Put in the end room, sir. Q. Did you remain there ever since? A. Yes, sir. Q. Where was it that you first made the confession to Major Whitley? A. It was in the Adjutant's office. Q. Was there any person present with you? A. No, sir. Q. Do you swear that Major Whitley did not have free and full access to you at all times since you have been here? A. I could not swear to that sir; I don't know what Major Whitley's orders were, sir, no more than you do. Q. Did Major Whitley tell you what other parties had confessed about this matter? A. No, sir. Q. Did he ever make any statement to you of what other parties had stated, by way of inducement to you? A. He did not; never made any inducements to me of any kind. Questions by the Court. Q. Did you at the time you received the loan from Mr. Wilkins promise and intend to pay it in the future? A. I did not, sir. Q. Did the person you believed you recognized as Chipley have a revolver and fire i t on Ashburn on the nig ht in questio n? A. N o, sir. Q. Had you made application for you r furlough before you were relieved a s first sergeant? A. Yes, sir. Q. Look at this paper and say if it is a correct diagram of the house in which Ashburn was killed; examine it carefully. [The Judge Advocate here handed a paper to witness.] A. I believe it is, sir. Q. During your conversation with the accused, Chipley, after the murder of Ash. burn, was there anything said in reference to the said murder? If so, state all that was said to you. A. There was not, sir. Q. Was there anything said to you after 31 Re-direct Fxamiiiation. Q. For what did Maj. Whitley tell you he would guarantee you protection; was it that you should tell the whole truth and that you should implicate any particular individuals? A. That I should tell the truth. MILITARY OUTRAGE IN GEORGIA. Ashburn was killed by any of the accused on the subject in question? A. No, sir. [Question by defense, by permission of the Court.] Q. Did Mir. Chipley say more than "good nmorning" at the only time you spoke to him after the death of Ashburn? A. Not as I remember, sir. [A. E. MAarshall was then duly sworn as an additional short-hand reporter for the Court, by the Judge Advocate, in the presence of the Court and the accused. Q. Was there any vacant lot near it? A. There was. Q. Was the vacant lot on the same side of the street or the opposite side of the street from the house where Ashburn was killed? A. It was an the opposite side. Q. Look upon that diagram (one handed to witness) and say whether, in your opinion, it is a correct diagram of the house in which Ashburn was killed. A. Well, I can not tell, for I was not acquainted with the house. Q. Had you ever been in it before that night? A. I had not, sir. Q. Was the end or the side of the house to the street? A. The end of it was to the street. Q. State whether there was any door in the end of the street. A. There was, sir. Q. Where did the persons meet who killed Ashburn? A. In that vacant lot, I suppose. Q. Where did they go from that lot? A. To the house. Q. What did they do when they got there? A. Knocked at the door. Q. Did any one say anything; and if so, what? A. They did. Q. Well, what? A. They asked for admittance; some one inside asked who was there, they said it was Mary Tillinghurst. Q. What did the person inside reply? A. Asked, who do you want to see? Q. What did the person outside say? A. Hannah Flourney. Q. What reply was made to that? A. Can't let you in; it is too late. Q. Do you know who outside demanded admittance? A. No, sir; I do not. Q. Did the person seem to speak in his own natural voice or in an effeminate voice not his own? A. I can't tell. Q. Did you hear him speak when he demanded admittance? A. I did, sir. Q. Did you know his voice? A. I could not recognize it. Q. After admittance was denied, what then occurred? A. The door was knocked .d o wn, or a part of it knocked down. Q. Did anybodyenter? A. They did, sir. George F. Betz, witness for the prosecution, was brought into Court and duly sworn. Q. What is your name? A. BIy name is George F. Betz. Q. Where do you live? A. In Colurn bus. Q. Where were you raised? A. In Columbus. Q. Where do your parents live? A. In Columbns. Q. Columbus? In what State and county? A. State of Georgia, Muscogee county. Q. What is your occupation? A. I have none particularly, sir. Q. In what business were you last employed before you were arrested? A. I was on the railroad, sir. Q. How long had you been running on the railroad? A. About seven or eight months. Q. In what capacity? A. Fireman, sir. Q. Were you acquainted with George W. Ashburn? A. Not personally. Q. Did you know him by siwht? A. I did, sir. Q. Is le dead or alive? A. He is dead, sir. Q. Were you present at his death? A. I was sir. Q. How did he die? A. He was shot. Q. How many persons were present when he was shot? A. Between twentyfive and thirty, I think, sir. Q. Where was he killed? A. In Columebus. Q. At what locality in Columbus? A. On Oglethorpe street, sir. Q. In tke street or in a house? A. In a house, sir. Q. Where was that house located? A. Located on Og,lethorpe street. Q. Can you give any description as to IV-, location? A. No, sir; none particuY. . Do you know the cross streets near A. I do not recollect their names. . How far was it from the Perry use? A. About two hundred yards, sir. Questio7is by Prosecution. MILITARY OUTRAGE IN GEORGIA. Q. How many of those persons, if any, whom you have named went with you into the house? A. Mr. Duke, Mr. Hudson, Mr. Barber. Q. Any one else? A. No, sir. They came behind me, whoever else came into the house. Q. Did you see Marshall anywhere that night-a soldier? A. I did, sir. Q. Where was he when you went into the house? A. He was with me. Q. You have stated that Duke, Hudson, Barber, Marshall, and yourself went into the house together; did you see any one else in the house after you came in besides the names you have mentioned? A. I did, sir. Q. Who were there? A. Milton Malone, H enry Hennis, Doctor Kirksey, Columbus Bedell, and a fellow by the name of Blair; that is all I know about him. Q. Did you see Bedell and Kirksey do anything? A. I did not, sir. Q. Were you and the others who first went in with you armed? A. They were, sir. Q. How many persons, and who were they, to the best of your knowledge, who entered? A. I can't tell how many came into the house. Q. Did you go in? A. I did, sir. Q. Do you know any persons whom you can identify who went in? A. I do. Q. Who were they? A. Mr. Dukes. Q. If he is here, point him out. A. (Witness, pointing to one of the prisoners) There he is, sir. Q. Who else? A. Mr. Hudson. Q. Can you point him out? A. I can. Q. Do so. A. (Witness pointed to one of the prisoners.) Q. Do you see any one else present who was in there? A. I do. Q. State who, and point him out. A. All of them, sir? Q. Point out one at a time. A. (The witness pointed to each prisoner severally, who, at the order of the Court, rose up in full view of the Court as his name was called by witness.) Mr. Robt. A. Woods, Mr. James W. Barber, William Duke, Robert Hudson, Alva C. Roper, Jas. Wiggins, Doctor Kirksey, Columbus Bedell. Q. Any one else? A. I am not certain of Captain Chipley. Q. Well, if there is any reason that induces you to believe that he is the man, or any description of his person, state them. A. The man in command of that squad I take to be Captain Chipley. Q. Why did you take him to be Chipley? A. From his appearance, sir. Q. What was his appearance? A. Just as it is now-a large man. Q. If he was disguised in any way, state it-how? A. He was disguised; had on a dough-face. Q. What do you mean by a dough-face? A. False-face. Q. What sort of a false-face was it? A. It was dark; I believe, to my best knowledge, it was black. Q. Do you know of what it was made? A. No, sir. Q. What did it look like? A. Looked like a false-face, that's all I know. Q. When you say dough-face, do you mean it was made of dough or some other material? A. There wasn't much dough about it. Q. What did this person do there that night who you took to be Capt. Chipley? A. He seemed to have command of a squad. r.. Q. With what? A. With pistols. Q. What sort of pistols? A. I did not notice closely; revolvers, I believe. Q. What was yours? A. A revolver, sir. Q. When the door was bro ken down, and you w ent in, what di d yo u do? A. Went on through the r oom. Q. To what room? A. Ashburn's room, I suppose, sir. Q. What room was that -the first, second, o r third room? A. The third room, sir. Q. Did you hear Ashburn say anything, and if so, what? A. He asked who came there. Q. What did he then do? A. He didn't do anything particularly, not as I seen. Q. Who opened the door? A. He opened his door. Q. Was there any burning candle in his room or not? A. There was.. Q. Where was it? A. It was on the table, sir. Q. Where was the table? A. In the midd-le of the floor, or about. Q. What sort-of table, if you recollect? A. A round table, sir. Q. Where was Ashburn as you got into the door? A. He was in his room. Q. What part of his room? A. He was on the right-hand side. 3q 5 33 MILITARY OUTRAGE IN GEORGIA. be Capt. Chipley went in? A. I didn't see him go in. Q. Did you see any women in the house when you entered? A. I did. Q. Who were they? A. A white woman and a negro woman. Q Can you give their names? A. I can. Q. Do so? A. Amnianda Patterson and Hannah Flourney. Q. Do you know Mr. Bennett? A. I do. s.ir. Q. How many shots were fired? A. To the best of my belief there were thirteen or fourteen. Q. Who fired? A. I did, sir. Q. Who else? A. Mr. Duke. Q. Who else? A. Mr. Hudson. Q. Anybody else? A. Mr. Barber. Q. Any one else? A. Mr. Marshall. Q. Was there any one else? A. I think not, sir. Q. Did you see Ashburn fall? A. I did, sir. Q. Did anybody fire after he fell? A. I think they did. A. Who? A. Mr. Hudson. Q. In what position was he when he fired? A. He was on his knees, squattingin down. Q. Why did he stoop down to fire? A. I do not know, Q. Was there anything in the way, after Ashburn fell, to render it necessary for him to stoop in order to hit him? A. I believe the table was between him and Ashburn. Q. What did you all do after the firing, and after Ashburn fell? A. Went out, sir. Q. Did you see anything of him in the room? A. I did not. Q. Were there any places in the room where he could have concealed himself; if so, what sort of places? A. I do not know that. Q. Could he have been in the room without your seeing him? A. I suppose he could, sir. Q. After you retired from the house what did the party then do? A. They went on across the street and went through the lot. Q. How many do you think were present? A. Between twenty and thirty. Q. When they passed the vacant lot what did they do? A. I do not know. Q. Stat e whether they remain ed to - gether, o r whethe, w ter the scattered. A. I can not tell. Q. Where did you go? A. Went home. Q. Where were they when you separated from them? A. In that lot, sir. Q. Who did you filet meet when you got there that night? A. Met Bill Duke. Q. Who next? A. Met the crowd next. Q. How long after you tot there before you advanced to Ashburn's -house? A. About ten minutes, sirn Q. Why did you go there that night? A. I went there to help kill Ashburn. — Q. Did you expect to meet anybody else there? A. I did, sir. Q. Why? A. Because I was told so. Q. Who told you so? A. Dr. Kirk Q. Did anybody go and look upon him after he fell before you went out, and if so, who? A. I did not see anybody. Q. Did anybody's mask fall off as you retired from the room? A. There did. Q. Whose? A. I believe it was Sam. Bedell's,. Q. Did you hear him make any remarks to a woman or anybody else? A. I think he did. Q. What was: the remark? A..Thebest I can recollect is, he said he would kill her if she told on him. Q. Did all the party go in the house, or did a part remain outside? A. They didn't all go in.: Q. State whether the man yom took too sey. Q. How many conversations had you with Dr. Kirksey on this subject? A. One, sir. Q. Where was it? A. In Columbus. Q. In what part of the city? A. In Oglethorpe street. Q. How did: the conversation occur? A, He just called me to him. , Q. What did he say? A. He told me he wanted me to join that party. _ 34 MILITARY OUTRAGE IN GEORGIA. get into the house? A. I got in at the window. Q. What did you then do? A. Went to bed. Q. Where were you next morning? A. Was there. Q. Did you get up as usual? A. I did. Q. State whether the family, or any of them, knew you were absent after you went to bed that night. A. I do not think they did, sir. Q. Did Doctor Kirksey give you any reasons why they intended to kill Ashburn, and if so, what? A. No, sir; lihe did not. I knew them, though. Q. How did you know them? A. They wanted to get him out of the way in election times. Q. When you went down town after the killing, with whom did you go? A. Went by myself. Q. What party? A. The party to help kill Ashburn. I Q. Why did they say-they wanted to kill Ashburn? A. They didn't tell me that. Q. Why did he say it? A. He didn't tell iie. Q. Did he say anything about money, or anything of value, and what? A. He did, sir. He said he would give me so much money to go there. Q. What sum? A. Fifty or a hundred dollars. Q. State whether you aireed to go. A. I did. Q. Was any time fixed? ~ A. There was. Q. When was it? A. Monday night. Q. What month and what day of the month was that Monday night? A. It was Marchl, 30th day of the month. Q. Was anything said about the time of ilight the meeting was to take place? A. There was. Q. What time? A. Between twelve and one o'clock. Q. At what place? A. At that vacant lot. Q. What vacant lot do you mean? A. On Oglethorpe street. Q. Where were you in the early hours of that night? A. I was knocking around town. Q. Did you go home any time of the ni,ghlt before the killing? A. I did, sir. Q. What time i n the night did ou go home? A. Between ten and eleven o'clock, CUross-examinzation - Questiozs for Defense by Mr. Stephens. Q. Leave all the rest there? A. No, sir; I didn't leave them. Q. Which way did the others go. A. Went on through the lot. Q. Did you go back to the lot? A. Not right then. Q. Did you go back to the lot? that is my question. A. I did, sir. Q. Did anybody leave the lot with you? A. No, sir. Q. Did anybody leave before you? A. I went with the crowd; I went one way, they went the other. Q. You went with the crowd, and you went one way and they went the other? A. When I left them. Q. Did you leave the crowd all at the lot? A. I left them going through the lot, sir. Q. Did anybody go with you when you left? A. No, sir. Q. Did you go into the lot? A. I did. Q. And then did you turn right round and go back? A. I didn't. Q. Which way then did you go? A. Went up the street. Q. Which street? A. I believe it is Church street. Q. Which street is the vacant lot on? A. It is on both of them. Q. Which both? A. Oglethorpe and C hurch. Q. Did you go then through the lot to Church street? A. I did. sir. Q. What did you do when you got home? A. Went to bed. Q. How long did you remain in bed? A. About half a-n hour or three quarters. Q. What did you then do? A. Got up. Q. How did you get out the room? A. Got out of the window. Q. Where did you to from your room? A. Went up on Broad street. Q. Then where did go? A. Went on up town. Q. How long after that before you went to the vacant lot? A. I went on up the re, sir. Q. After the killing of Ashburn, how long before you returned home? A. I suppose it was about an hour. Q. Where did you go in the meantime? A. I wen t away down town. I Q. When you got home how did you 35 MILITARY OUTRAGE IN GEORGIA. Q. You say that all the crowd you know went into the middle of the vacant lot with you? A. I believe so. Q. Did Hennis go? A. I think he did. Q. Marshall? A. I did not see him. Q. What did you do with your mask? A. Tore it up. Q. Where did you tear it up? A. Tore it up in the street. Q. Which street? A. I do not know what street it was-it was in Columbus. Q. What kind of a mask did you hlave? A. Had a black one, sir. Q. What kind of a mask did Bedell have? A. Had a black one. Q. Where did you get the mask you had? A. I made it. Q. Did you ever ask Dr. Kirksey for the fifty dollars, or the hundred he promised to pay you? A. No, sir; I never asked him for it. Q. Did he ever say anything to you about paying it? A. He said he would send it through the post-office to me. Q. When did he say that? A. Hle said when I received it I would get it through the post-office. Q. Did you ever get it through the postoffice? A. No, sir. Q. And you never said anything to him about it? A. No, sir. Q. Now, upon your oath, Mr. Betz, will you swear that you ever spoke to Dr. Kirksey or Dr. Kirksey to you in your life, about anything? A. I have. Q. Did anybody ever see you speak to Dr. Kirksey, or see you in company with him; or is there anybody living by whonm you can prove that you ever had a conversation with him, or that he ever knew you? A. I do not know whether I can or not. Q. How high is that window of your bedroom? A. I do not know exactly how high it is. Q. How high do you suppose it is? A. Higher than my head. Q. How were you dressed that night? A. I had on a black coat. Q. What sort of pants? A. A pair of dark pants. Q. When were you arrested?,A. I was arrested on the 21st of May, I believe. Q. In whose custody have you been since? A. Been in the military custody. Q. Who had charge of you? A. Capt. Cook, at this place. Q. Where were'you first taken after your arrest? A. To Fort Pulaski. . Did they ally o through with you to rch street? A. I left them all about 'way, sir. Q. You left all about h alf way in the A. I did not leave them all. ?. Where were the balance? A. Some t down the other street- d own Oelerpe street. A. Did you not state t ha t they all went with you into the lo t? A. I believe d. ?. Is it true? A. Some of them turned down O,lethorpe street. W. Which ones of them? A. I do not W. ?. Which ones of them were with you? I do not know that. ?. Do you know a single one that did? I do. W. Which one was it? A. Bill Duke. ). Which other one went? A. Bob dson. ). Which other one? A. Jim Barber. ?. Which other one? A. Dr. Kirksey. ?. Which other one? A. Lum Bedell. 2. Which other one? A. Henry Hen Q. Any other one? A. I do not recolleet; they are all I know went through the lot with me, I believe.' Q. Are you certain of it or not? A. No, sir, I ain't. Q. Well, then, did you leave them all there? Do I understand your testimony to be that you left them all there? A. I went by myself. Q. Did you leave them there? is my question. A. There's where I lef t them; there is where I t urned off from the crowd. Q. You say you left them there? A. I did. Q. An d went alone? A. Yes, sir. Q. Did you say you went down Church street? A. No, sir. Q. What did you say about Church street? A. I went up Church street. Q. And you left Bedell, and Barber, and Duke, and Hudson, and Kirksey in the middle of the vacant lot? A. About the middle. Q. Was there any conversation had between you, or any of you, after the crowd got into the middle of the vacant lot? A. Going from the house there was. Q. What was that conversation? A. Mlilton Malone asked me why I did not shoot all the barrels of my pistol off. Q. Anything else? A. No, sir. 36 nis. -1 MILITARY OUTRAGE IN GEORGIA. Q. When did you speak to thembefore you got to the house or afterward? A. Going to the house. Q. Did they tell you their names? A. No, sir. Q. Were they all masked when you first saw them? A. Will Duke was not. Q. Did he put on a mask afterward? A. I do not know whether he did or not. Q. Were all the rest masked except Bill Duke? A. I think they were, sir. Q. Well, how did you know them? A. By their talk. Q. How did you know them individually? A. Because I had been raised up with them. I knowed them as good as I know myself. Q. Were you as intimate with Mr. Bedell as with yourself? A. No, sir. Q. Did you ever hear Mr. Bedell talk except when you heard him say he would shoot the hog? A. I have. Q. Ever on any other occasion except that? A. No, sir, Q. He never did on any other occasion except that? A. Not as I recollect. Q. You never heard him utter a word in your life except that he would shoot when he pleased on his lot? A. Yes, sir, I have. Q. If so, state when and where. A. On the street, sir. Q. State on what occasion it was. A. I heard him talk; he was not talking to me. Q. Can you state what you ever heard him talk about, and who were present? A. I do not know, sir, what he was talking about. I heard him speak; that was the question you asked me -whether I have ever heard him speak. Q. Do you say that you have ever heard him speak often enough to be as familiar with his voice as to recognize him under a mask and swear positively to his identity from his voice? A. I do not think I would. Q. Would you say the same of Doctor Kirksey? A. No, sir. Q. Are you more familiar with him than with Bedell -more intimate? A. I would know him sooner by his voice. Q. How long have you known Doctor Kirksey? A. I don't exactly recollect. Q. How long, as near as you can tell? A. I don't know; I cou ld not say. Q. Raised with hint? A. No, sir. Q. Did you not say you were raised with all of them? A. No, sir. Q. In whose charge were you put then? A. Caipt. Cook was in charge of the fort, I believe, I do not know. Q. Where did you first get acquainted with Mr. Whitley? A. I never seen him before till I got to the fort. Q. Did you have any acquaintance with Capt. Chipley? A. Not personally. Q. Did you ever speak to him, or he to you, in your life until since your arrest? A. I do not recollect. Q. You have no recollection of any words passing between you and him in your life? A. No, sir. Q. Is it not true that a word never did pass between you and him, in your life, until since your arrest? A. I do not recollect. Q. Did yo u e ver speak to Mr. Bedell in your life? A. I have. Q. Did he speak to you? A. He did. Q. Can you state any occasion? A. I can. Q. State it. A. Mr. Bedell was shooting in his lot one day; and I was an officer; I went to his lot and told him not to do it; he said is was his lot and he would shoot when he pleased; he was shooting a hog:. Q. Has Mr. Bedell any lot? A. I do not know. Q. You don't know? A. It was the lot where he lived; I don't know whether it was his or who it belonged to. Q. When was that? A. Been a good while ago. Q.How many years? A. No y ea r s at all. Q. How lon ao, then? A. I don't recollect. Q. Three months? A. More. Q. Six? A. M ore than that. Q. Twelve? A. I don't think it was that Ion,. Q. How wnas Mr. Wo ods dressed that night? A. I don't recollect, sir. Q. How was Mr. Duke dressed that night? A. He had on black clothes. Q. How was Mr. Bedell dressed? A. I don't recollect. Q. Was it a dark night or a moonshine night? A. I think the moon had just ,one down, sir. Q. How was Mr. Roper dressed? A. I don't recollect that either. Q. How did you know them? You stated that they were all masked. A. I spoke to them, sir. Q. Which ones did you speak to? A. I spoke to all I mentioned. 37 3MILITARY OUTRAGE IN GEORGIA. Q closure that you have made here? A. To . Major WVhitley, sir. Q. Where was it at? A. Down here ? in one of those houses. Q. Did you make no disclosure to him s at Fort Pulaski? A. No, sir. I Q. Did he endeavor to get you to make [ any? A. Not particularlyi sir. Q. What did he do? A. Didn't do any. thing. Q. What did he say on the subject of ? your making a disclosure? A. I don't recollect, sir. - Q. Did he tell you that he had proof of t your guilt, and that if you would testify against the other parties, you would be protected? A. I knew that, sir. Q. You knew what? A. I knew that - I would be protected. , Q. Didn't Mr. Whitley tell you so? A. He did, sir; I knew it before ever he told 1 me though, I knew his business very well. ? Q. What was his business? A. He was a detective. Q. He is no Major in the army then? A. I do not know whether he is or not. Q. You say you knew his business? . A. From what I have heard. Q. His business is a Government de tective you say? A. Yes, sir, a Govern ment detective, or a Government agent of some kind. Q. Didn't he tell you that if you didn't L make a disclosure that you would be hung? 2A. I don't recollect, sir. Q. Didn't he tell you in substance that you had better save your neck? A. I don't recollect it, sir. Q. Didn't he tell you that these other gentlemen were men of property, and that they would let you be hung, and that you had better save your neck by coming out with the truth against them? A. I don't recollect that either; something of the kind was said. Q. State as near as you can what was said. A. I don't recollect anything par ticularly; I knew it though before hlie told me so. Q. Did he tell you to say that on your oath? A. No, he didn't. Q. Was Mr. Daniel under arrest here? A. He was. Q. Did Mr. Whitley have the exclusive control of you; did anybody see you except by the permission of Mr. Whitley? rA. Officers came there; soldiers saw us Without his permission. Q. What did you say about being raised with thejn? I understood you that way A. Raised with the biggest part of them Q. Dr. Kirksey was not one of them A4. No, sir. Q. I want you now to state as near asi you can when you first knew him. A. ] knew him some eight or nine months, ] reckon. Q. How long have you known Mr Woods? A. I can not tell that. Q. Longer than Kirksey or shorter' A. Longer. Q. Can you swear that you could reog nize his voice? A. Yes, sir, to the best of my knowledge and belief I could. Q. How was he dressed that night? A I don't recollect, sir. Q. You say you recognize these gentlemen by their voices, as they we r e talking, as they went from the vacant lot to the house where Ashaburn w as ki lled; can you state anythidng t hat any one of them said. A. I can. Q. S ta te it. A. Mr. Hud son-Bob Hudson-said we would give him hell. Q. Anythind that any other said? A. No, sir; I don't believe I do; I don't recollect particularly what they said. Q. Do you st ate upon your oath that t he only gr d yound of your recodnizing th em was their voice? A. I knowed them very well. Q. Have you not just stated that you knowed them by their voices? A. Yes, sir, I did. Q. You said you were first taken to Savannah? A. Taken to Fort Pulaski. Q. Where did you first get acquainted with Mr. Whitley? A. At Fort Pulaski. Q. Did he have charge of you there? A. Capt. Cook had charge. Q. Have any interview with Mr. Whitley there? A. I did, sir. Q. When did you first know what you were arrested for? A. I don't recollect that; I don't recollect the time. Q. Who told you? A. I don't recollect. Q. Who was present the first interview you had with Mr. Whitley? A. Nobody, sir. Q. Where did the interview tak~e place? A. At Fort Pulaski. Q. Did he tell yhou whlat you wvere arrested for? A. No, sir; I don't believe he did. Q. W~ho did tell you? 21. I don't recollect. Q. To whorn did you first mak~e the dis 38 MILITARY OUTRAGE IN GEORGIA. Q. Didn't he tell you any words to that effect? A. I don't think he did, sir. Q. Did he not tell you in the presence of your father to remember that the halter was still around your neck? A. No, sir. Q. Did Mr. Whitley allow you to see your father by yourself? A. He (Mr. Whitley) was in the same room, sir. Q. Did they to into the room? A. We were not in a room. Q. Where were you then? A. In the cell. Q. Did the soldiers oo into the cells at any time-have free access to you? A. They came if they chose. Q. Did they do it? that is my question. A. No, sir; the cook came there to bringc rations to us. Q. Were you permitted to have any intercourse with firiends without the perm-ission of Mr. Whitley? A. I never had any at all. Q. Did Mr. Whitley tell you the arrest of the other parties? A. I think he did. Q. Don't you know he did? A. I am not certain he did. Q. Didn't he take you to a place and show Mr. Daniel in another part so that you could see him? A. No, sir, he didn't. Q. Didn't he tell you where he was? A. I knew where he was. Q. Didn't Mr. Whitley tell you so? A. I don't recollect, sir. Q. Didn't he tell you how he got there? A. I believe he did. Q. How did he tell you he got there? A. Gave a bond. Q. What else did he tell you about it? A. I don't recollect that. Q. You don't recollect? A. No. Q. Didn't he tell you distinctly that Kirksey and Chipley had bonded him (Daniel) and was leaving you to be hung because you were poor? Didn't he tell you that Kirksey and Chipley said that their money would save them? A. I believe he did. Q. And also that you would be hung and thereby they would get rid of you? A. No, sir, he didn't. Q. Well, did he say they would get rid of you? A. I don't recollect that either. Q. Didn't he tell you that Kirksey and Chipley said that their money would save them? A. I believe he did, sir. Q. Didn't he give you assurance that if you would come out and make a statement you would not be hurt? A. I knew that, sir. r Q. That is not my question: I ask tou did he tell you so? A. He did, sir. Q. I'll put this question: Didn't he tell you that Kirksey and Chipley said that their money would save them, and d —n the other fellows; we want to get them out of the way? A. No, sir. Q. If the promise of protection made by Maj. Whitley was depending upon your testifying-against any particular person or pe rs ons, name such persons. A. No, sir; it was not. Q. Upon what was it depen ding? A. Upon telling all that I knew, sir. Q. If he tave you any warning to criminate no innocent person, state wh a t it was. A. I don't recollect particularly, but he told me not to do it. Q. I will a sk yo u if you have done it in an y statement you have made here - wehether yo u have criminated any innocent person? A. No, sir. Q. State whether o r no t you were well acquainted with Mr. Bedell by sight? A. I was, sir. Q. Do you not know many persons by sight to whom you have n ever been introduced and with whom you have never spoken? A. I do, sir. Q. You testify that yo u heard these persons in conversation before you went into the house; I ask you whether there was any light in Ashburn's room after you went in? A. There was. Q. State whether you saw them in the house when the light shone upon them? A. I did, sir. Q. State whether that did or did not aid you in identifying them. A. Not particularly; I knowed who they were. Q. Do you mean to say that you knew before they went in who they were? A. Yes, sir. Q. State whether on seeing them in the light you found yourself mistaken as to any one of them, and if so, who? A. I did not. Q. State whether or not, in the crowd that night, you heard any of those present call others by name, and if so Whose names you heard called. A. I heard Dr. Kirksey's name called. Q. Do you know by whom it was called? A. No, sir. Q. State whether you heard any other 39 Re-examinatioit by Prosecution. MILITARY OUTRAGE IN GEORGIA. name called. A. I heard Jim Barber's name called. Q. Any other? A. I heard Henry Hennis' name called. Q. Any other? A. I don't recollect; I don't think there was. A. Did your party pass a gaslight in going from the vacant lot to Ashburn's house? A. No, sir. Questions by Coutrt. [At three o'clock the Court adjourned till to-morrow morning, at 10 o'clock, July 2d.] Q. State the year of the occurrence. A. 1868, sir. Q. Did any one go as Captain of the party and give you directions; and if so, who was it? A. I think there was, sir, a commander. Well, sir, I think he was; I would not swear it, but I think it was Captain Chipley. Q. Did any person fire from your rear on Ashburn? If so, state about the number of shots, and the names of the persons who fired them, to the best of your knowledge. A. There were two shots fired from behind me-Jim Barber; I think it was him, to the best of my knowledge and belief. Q. You state that Bedell's mask fell off -did you recognize Bedell at that time? A. I did, sir. Q. How long have you lived in the same town with Dr. Kirksey, Wood, and BedeIl, and known them? A. I could not exactly say; a good while. Q. What were your reasons for assisting in killing Ashburn? A. Because I thought he was a tyrant to the place, and ought to be out of the way. McPHERSON:BARRACKS, ATLANTA, GA., 10 o'clock A. M., July 2, 1868. 1 Commission met pursuant to adjournment. Present, same members as yesterday, the Judge Advocate, the prisoners on t rial, and the ir counsel. The record of yesterday's proceedings was read and approved. George F. Be tz, whose t estimony was taken yesterday as a witness before this Commission, was present, and on hearing his testimony read by the Judge Advocate asked'permission of t he cour t to make the followinD correction, viz: Where, in his answer to a question from the defense, which will be found on the of his testimony, he says, "There was a gaslight in the street close to the house," he desires now to say, 11In regard to the gaslight, I will not be so positive whether it was lighted or not." Permission was granted and the correction accordingly embodied in this day's proceedings. The counsel for the defense, owinD to the correction aforesaid, asked permission of the Court to further interrogate the witness, which permission having been granted, the witness, George F. Betz, again took the stand and was interrogated as follows: Q. State what time of night the killing took place. A. Between twelve and one o'clock. Q. Were you or not very much intoxicated the early part of that night? A. I was not. Q. You say that the person you suppose to be Chipley did not go into the house; you then did not see him by the light? A. I did not see him go in and did not see him by the light; there was a gaslight in the street close to the house. Q. How near is the gaslight to that house? A. It is right cat-a-cornered across-Il suppose a hundred yards. Q. Berrinager's corner? A. N o, sir. Q. What place was it? A. Right in front of a house, about one third of the lock. Quest ions by Defense. Q. Have you had convers ation with anybody about that portion of your testimony since it was delivered here yesterday? A. Have I had any? No, sir, none particular. Q. Have you had any? is my question. A. No, sir, I have not had any. Q. You conversed with nobody upon this subject since yesterday-upon the subject of this gaslioft? Has your testimony about that been mentioned to you since you retired from this Court yesterday? A. No, sir. The counsel for the defense then asked 40 Q. Do they have gasli-lits moonlight zn nihts? A. The moon had oone down. Que,stio?zs by Court. Prosecution. Defense. MIILITARY OUTRAGE IN GEORGIA. the further permission of the Court to propound to the witness a few general questions, which in yesterday's examination were omitted. Permission having been granted, the witness was further interrogated as follows: Questio?ns by Defense. Q. What did you say when Mr. Whitley told you that you had sworn that the Markses were at the killing,? A. I said I would not indentify them, or "could not;" I don't know which; one or the other. Q. Did you say anything about dictating or giving the name, or words to that effect? A. I do not recollect, sir. Questions by Defeise. Q. Do you know Jacob and Isaac Marks, of Columbus, Georgia? A. I do, sir. Questions by the Prosecution. THOMAS S. TUGGLE, a witness for the prosecution, was then called, and having been duly sworn, testified as follows: Q. State your name, age, residence, and occupation. A. My name is Thomas S. Tuggle; I reside in Columbus, Georgia, and my profession is that of a physician. Q. Did you see the body of George W. Ashburn after his death? A. Yes, sir. Q. Where did you s ee his body, and when? A. The day after he died; I suppose between n ine a nd ten, or probably ten o'clock in t he morning; t he ho use was on ODlethor p e st reet, nearly opposite the Perry House; he was in the third room, I think, from the street, entering at the en d of the hou se; I do not know how many rooms the house had; it was a long row going, back, and I was not further back than the room his body was in. Q. Where was his body in the room? A. Lying in what I would call the northwest corner of that room; his head was towards a window, which was to the right of the chimney. Q. Was his body on a bed? A. No, sir; lying on the floor with nothing under him at all. Q. How was he dressed? A. With a long shirt-you might term it a gown-and an overcoat, a sort of sack overcoat probably; no other clothing that I remember. Q. If you made any examinations of the wounds upon his body, state what they were? A. I only looked on while Dr. Kirksey and Dr. Moses, and Dr. De Graffenried and Dr. Terry turned the body; I do not think I put my hand on the body at all; I made no examination with my own hands; I saw Dr. Kirksey probe the wound on his head with a pencil or pen staff. Q. State where that wound was. A. Well, as well as I could say now, it was right in the center of the forehead, ranting back and little down, as if his head had been leaning forward at the time; I suppose that it was probably one in above the eyes, as well as I recollect now; there Q. Have -they lately been under arrest here? A. I think they have. Q. When were they brought before you, and if so, by whom? A. They were brought before me by Maj. Whitley? Q. Were you asked if they were present at the killing of Ashburn, or words to that effect? A. Yes, sir. Q. What was your reply? A. "No,"' sir. Q. Did not Whitley then say that you had sworn that they were? A. He did, sir. Q. Did not you say, " Well, you dictated the names"? A. Yes, sir. The Judg,e Advocate then asked permission of the Court to further interrogate the witness on behalf of the prosecution. Permission having been obtained, the Judge Advocate interrogated the witness as follows: Q. What do you mean by " dictated the names?" A. Well, sir, with regard to that last question, I think I gave a wrong answer. I don't think "dictate" was mentioned at all. Q. Do you know what the word "dictate" means? A. Not exactly, sir. Q. Did Mr. Whitley ever name any persons to you and tell you that you should make an accusation against them in regard to the murder of Ashburn? A. I don't think he did, sir. Q. Didn't you make the statements to him voluntarily, implicating the parties in regard to whom you have testified here? A. I did, sir. Only Maj. Whitley talked to me as a friend-advised me what to do; there was no inducement, sir, whatever, made to me; I done this voluntarily. Q. Did Maj. Whitley ever advise you or suggest to you to bring an accusation against any particular persons? A. No, sir. Further questions by defense, by permission of the Court: 41 Questions by Prosecution. MILITARY OUTRAGE IN GEORGIA. were other wounds on his body; he had one on the right side of the nates, that seemed to be a superficial one: he had one on the left leg, if I am not mistaken, that seemed to have passed through the leg; I think there was an abrasion probably on his right foot; it might have been a bullet hole, I am not certain about that; there was blood there, and I thought from the looks of it that it was; there was a crowd in the room, and it was not very light, and I did not put a probe in it; I could not swea r positively that there was a wound on the right foot, but I think there was; I know there was blood th ere at least. Q. State whether from the probing of the wound in the head, which you saw made as you say by Dr. Kirksey, that wou nd was a mortal one or not? A. I should con sider tha t it was a mortal wound, from t he directio n that it went; that is, provided theremis such a thing as wou ndino a man mortally in the brain; it seemed to hav e entered c entrally, goingd directly toward the center and base of the brain. Q. Is it your opinion that he did or did not die of that wou nd? A. W ell, sir, if that wound was there before he was dead, I think it produced his death. Q. Did you ob serve any bullet holes in h is garments? A. Yes, sir; I saw Dr. De Graffenried turn him over like, and saw where a bullet hole or two, or probably more, had gone through the coat that apparently had not struck his body. Q. Did the body, when you saw it, appear to be in a condition in which it had died? A. Yes, sir; I do not presume from the appearance it presented that it had been moved much from the extravasation of the blood, which appeared to be on the body next to the floor, between the skin and cellular tissue. Q. What, in your opinion, had inflicted that wound? A. Well, sir, if I should judge from its appearance, it was a bullet. The defense did not desire to cross-examine this witness. Q, How long had you known him previous to his death? A. About ten months. Q. Were you and he living in the same house at the time of his death? A. Yes, sir. Q. Were you in that house the night of his death? A. Yes, sir. Q. State to this Court all you know about his death? A. I had been out with Mr. Woodfield, the master machinist of the Muscogee road, until about eleven o'clock; came in some time past eleven, and went to bed; I could not say how long it had been between that time and the time a rap came at the door; some one in the house, I think it was Hannah Flourney, asked who was there; they said it was one Mary Tillinghurst; she said no one could come in at that time of the night, and they said if they would not be let in they would break the door in; I got out of bed, and went into Ashburn's room, and asked himn if he had any weapons; he said he had; I asked him to give them to me, as some one was p,oint to break in the door; he said no, he would use them himself; I then tried the back door and side door; there are two doors, one leading into an alleyway, and one into a back porch; some one at the back door said, " Get back, you s- n of a b-h; " I then asked Ashburn again if he would not give me the pistol, instead of using it b himself; he said no, and then put on his overcoat, and told me to look out for myself, and that God would take care of him; I then left the room, and told him not to light any l ight; when I got to the door between the front door and the middle ro om, the front door was broke in; the r us h of me n coming in, I got behind the middle door,s at the back of t he dbed; some women's clothes were han gi ng on the bac k of the door, on some nai ls, and they hid me entirely; one article of clothing also hung on the bed-post; Mr. Ashburn opened the door of the room, having a lighted candle, and said, "W Who comes there? " the party that was coming in said, "You are a d-d s-t;" three then came into the light of Mr. Ashburn's room; I could see them; they commenced firing; then one of them withdrew back-the one on the left-hand side of the door-the same side on which the door opened; then two others came up and fired in the place of those who were fi'ring first; the last one that fired sat down 42 Q.. Were you acquainted with Geor,e W. Ashburn in his lifetime? A. Yes, sir. Questions by the Prosecution.. ALEXANDEP. G. BENNETT, a witness for the prosecution, havin- been first duly sworn, testifies as follows: State our name, a,,e, and occupa y tion? A. Alexander Gordon Bennett a-e, forty-ei-ht; machinist. zn CD Q. Where is your residence? A. In Columbus, Georgia, for the past two years. MILITARY OUTRAGE IN GEORGIA. tween twenty and-about twenty, I think, by the number apparently walking about. Q. Do you mean that many in the house or that many in and about the house? A. About that many in the house; I could not say for certain. Q. Did there appear to be many without and about the house at that'time? A. Yes, sir; they seemed to be in an alleyway; I could not say about the door before it was broken in. Q. Did you see Ashburn's body that night after his death? A. I did before the police had been in the room and the Mlayor came in. Q. Did you see any person go into the room shortly after Ashburn's death, or about the time it occurred? A. The first man that went in was one Lawrence, a policeman. Q. Where was his body when you first saw it after his death? A. Lying with his head against the wall at the back part of the room, and his feet pointing toward the table at a kind of an angle across the room. Q. Were you present the next day when Dr. Tuggles was there? A. Yes, sir. Q. Was the body in the same position when he was there as it was when you first saw i t after Ashburn's death? A. With the single exception of being drawn about a foot toward the table; that was done for the purpose of straightening him out, so that he might not stiffen before he was straightened; it was done by the Mayor, or by his order. Q. How many shots did it appear to you were fired at him? A. I think about fourteen, but won't be certain. Q. Do you know how many wounds there were on his body? A. I think there was three or four; I won't be certain on that head, as I did not look at any of them except th ose on the head. Q. Did you observe whether there were any shot holes through his clothes? A. There were some in the coat, but I didn't examine it closely. Q. Were there many marks of shots in the walls or in the rooms? A. Yes, a good many. Q. Did any person occupy [that room with Ashburn?.A. Nobody excepting me sometimes; there had been a gentleman in the same room, some nights previous to that, namled Edwards. Q. W~ho occupied the room nest to his, on hi s knees, and fired under the table; all I heard Mr. Ashburn say afterward was, " Stop, stop," I think, three times distincly uttered, after the firing commenced, and about the same time the y commenced firing; I think the s id e d oor from th e alle y wa s br oke i n, but can't say wheth er there was any firing from that point or not; after the firing, I h eard some one say, "Come on, boys " with tha t they s tarted and run out of the door; then I came out after that, and the girl and boy, standing in the fron t room, said,' Go back, they are comb eing again;" so I w ent back to the same place again, but it proved to b e the police. Q. Was that room Mr. Ashburn's home? A. Yes, sir, it was all the home he had while in Columbus this last time. Q. Do you know whether he owned or rented it? A. Rented it, I think. Q. Do you know from whom he rented it? A. I think it was the colored woman. Q. Name her? A. Hannalh Flourhey. Q. Where did he take his meals? A. In that room. Q. Who furnished them? A. I think he was furnishing himself, and the colored woman was cooking for him. Q. Did you know why he went there to occupy that room? A. I knew, what he told me himself and what I seen in the papers at the time, that he could not get a bed at no hotel. Q. How was he dressed when you first saw him that night after he came out of his bed? A. Ile had nothing on but his night-shirt, and then lhe put on his overcoat when he came out of bed. Q. Was it by the light from his room that you saw these parties who were firing upon him? A. Yes, sir. Q. Did you know either of the parties who fired upon him?' A. I believe I did. Q. Name any one whom you knew. A. Hudson, William Duke, and Jim Barber, and one Marshall and George Betz; I did not recognize Hudson nor Marshall so certain as I did the other three. Q. Did you reco,nize any other persons in that house that night about the time that Ashburn was killed? A. There was more in the room, but I could not see them; they were in the shade; there was mnore in the front room; I could hear them talking to the girl in the front room. Q. How many persons, in your opinion, were in the house that night beside the ordinary occupants? A. I suppose be 43 MILITARY OUTRAGE IN GEORGIA. toward the street? A. Amanda Patterson and a colored woman. Q. What is the name of the colored woman? A. Hannah Flourney. Q. Who occupied the front room? A. Nobody in general occupied it; it was only rarely occupied by any party; I was late coming that night and I occupied it. Q. Were there any other occupied rooms in that house? A. There was a back kitchen-two rooms-occupied by colored people; I don't know who they were. Q. Were you examined before a coroner's inquest that was held there? A. Yes, sir. Q. Did you make the same statement there that you have made here to-day? A. No, sir. Q. Were you not under oath? A. I was under oath, but did not tell that I knew any of them or suspicioned any. Q. Why? A. Because I should have been cutting my own throat if I had done So. of the evidence? A. I could not state all that they said; it was principally thatthey thought there was nothing against them but this colored woman Flourney, or some other colored people; they wanted to know if I knew any of them that had told anythingr against them. Q. Was there anything said in that conversation about Amanda Patterson? A. No, sir; not that time; nothing with these two men at all. Q. Did they make any request of you in regard to these colored people? A. Nothing, except asking the question what it was they had said against them. Q. Did they ask you for any assistance or aid of any kind in this trouble? A. No, not particular; they never asked me for any assistance; the assistance they askefl of me was political, more or less. Q. You referred awhile ago to a conversation with somebody else about Amanda Patterson? A. That was with one Mr. Hughes, a cotton merchant, and the other was,Mr. Bowers, the banker. Q. Will you state what that conversation was? A. He asked me, Hughes did, about Robert Daniel, if hle was in the custom of coming to see this girl, and I told him that he was; could not say how often, but I had seen him there; and asked me if I thought she could have any evidence against Daniel, and I said I could not say; he asked me if it would not be as well to get her away from the place; I said "I do not know whether it would be suitable or not;" he said if she would go away there would be plent y of money furnished. Q. Did he or any on ee els e ask you to i nterest yourself to ge t Amanda Patterson away fromu the re? A. I be lieve o a r. Bowers was the only one that ever as ke d me; Mr. Bow ers and oHuhes the only two. Q. Did they both ask you or only one in the presence of the other? A. One at a time: they were not in the presence of each other; one was in the barber-shop, kept by Sandy Danfall, I think, and the other was in the bar-room behind Speers' jewelry store, in a back room. Q. WYhich one had the conversation with you in the barber-shop? A. Hughes. Q. When was that? A. It was about two or three days before Amanda Patterson's arrest. Q. W~as it before or after a number of persons had been arrested in Columbus on th~e charge of having murdered; Ashburn? Q. What do you mean by "cutting your own throat?" A. I mean simply this, that I believe the Klu-klux Klan would have put an end to me, as they threatened to do so any way. Q. Was it then because you were in fear of your life? A. Certainly. Q. Have you at any time since the death of Ashburn, had any conversation with either of these persons on trial? A. Yes, sir. Q. With whom? A. I have spoken to them all since I came here. I think. Q. I mean had you any conversation with any of them in Columbus after the trial? A. I had one conversation with Mr. Chipley and Kirksey, I believe, about six or eight weeks after the occurrence; that is the only conversation with any of' the prisoners that I have had. Q. Where did that conversation take place? A. At the jail, I believe. Q. Which side of the jail were you on? Inside or outside? A. We were in a room in the second story occupied by the sheriff. Q. Did they come there to see you? A. Yes, sir. Q. Wh at bus iness dids they say they had come for? A. The principal of it was about politics-and to know what evidence would be against them-or what evidence I knew would be against them; that was the most of the conversation. Q. State what they said on the subject 44 MILITARY OUTRAGE IN GEORGIA. A. I think it was three of them had been arrested; no, only two-Stevens and Barber-and the two colored people. Q. Where and when did you have the conversation you mentioned with Bowers? A. In a back room of this bar-room kept by one Tom Campbell; I think it was about the same day that Hughes had spoke to me in the barber shop; I think one was in the forenoon and the other in the afternoon.. Q. Did either of these men ask you to try to get Amanda Patterson away? A. Not directly; merely hinted if she would go away that money would be had or plenty of money would be got, provided she would consent. Q. Did they or any other person offer any inducements to you to leave? A. No; I was about to leave anyhow; about to come to Atlanta. Q. Did you make any effort to get Amanda Patterson to leave? A. No, sir, but went to her one night when I was the worst for liquor and had a talk with her; I do not know what I said to her. Q. Do you remember whether, in the conversation you have spoken of at the jail or anywhere else, Mr. Chipley said anything about Amanda Patterson? A. I believe there was some questions asked lile; if she screamed when the party came in or made any noise; I believe there was some such question as that asked me. Q. Did Mr. Chipley have any conversation about the "Ku-kluxes" that time or any time in the jail? A. Well, something about it; that I need not be afraid of the " Ku-kluxes" if I did [witness hesitates]. Q. Did what? A. If I helped them politically, or something of that sort, there would be no danger for me from the "Kukluxes;" that is how I understood it. Q. Did Kirksey have anything to say to you in this conversation about that interesting organization? A. I disrecollect; I think not; perhaps some little talk about it, but it had become so notoriousthe talk of these Ku-kluxes-that I didn't pay any attention much to it. Q. Did you receive any money from either of these parties on trial? A. No, sir; believe they were to pay fifty dollars for me, but I don't know whether they did or not. Q. v ere yo u in jail when they came to visit you? A. Yes, sir. Q. Whho got you out? A. I thin k it was them, but I can't say; the fine was paid; I did not see it paid. Q. Did they say anything to you about paying your fine when they were there? A. I believe they did. Q. You do not know who paid your fine? A. No, I don't know which of the two it was, or if it was any of them; but they said they would get it done. Q. You were released soon afterward? A. Yes, sir. Q. Do you know a man by the name of Thomas Clark? A. I know a man by the name of Joe Clark-a barber; that is all. Q. Did you receive any money from him? A. I received $3.75, I think, if I am not mistaken. Q. What was that for? A. To pay for some affidavits. Q. What affidavits? A. Against one Justice of the Peace, named Bostwick. Q. What was that for? A. That he was not a citizen. Q. What had that Justice been doin,? A. Nothing particular at that time. Q. Hadn't he issued warrants for somebody? A. Yes, sir; sometime previous to that. Q. Who had he issued the warrants against and had arrested that you know of? A. I believe most of the prisoners here present. Q. Then you were employed, were you, by him to get up a prosecution against this Justice of the Peace? A. No, sir, but for myself; it was he that had commenced the prosecution against me, and it was on my own account that I did that. Q. I will ask you now to point out or call out the names of those persons among the accused here who you saw in Ashburn's house the night that he was killed. (The witness here named and pointed to James Barber, William Duke, and Robert Hudson, the accused, who, at the request of the Judge Advocate, severally rose to their feet as their names were called. Witness then said, " The other two I don't see here.") Q. W~ere these the three that fired? A. These three fired, I think. Q. Are there any others here that fired that night? A. No, I don't see ally others. Q. Did you see there that night any others of the prisoners that you see here present to-day? A. No, I didn't see any others that I knowed. I I I i 45 MILITARY OUTRAGE IN GEORGIA. Q. You were very much excited, were you? A. Yes, sir; I was considerably excited. A. You have already stated on oath that at the coroner's inquest, you stated that you knew none of these parties? A. I did not say that I knew anybody. Q. Were you asked if you knew any of those persons that came into the house? A. I think I was, but I ain't certain; I disrewllect what was said. Q. If you were, what did you say? A. I disrecollect; I evaded the question as far as I could. Q. Have you not stated on your direct examination here to-day, that you did swear that you did not know them on that occasion? A. I think I stated that. Q. You do now swear, that you did then swear at the coroner's inquest that you did not know them? A. I think I stated to them that I did not know any person. Q. Didn't you state on the direct examimation, that at the coroner's inquest you testified that you didn't know the parties? A. I did testify that way, I think. Q. You assigned as a reason why you testified that way, personal fear or apprehension? A. Yes, sir. Q. Was not a military garrison in Columbus at the time? A. Yes, sir. Q. Who was in command there? A. Captain Mills. Q. What nunber of troops were garrisoned there? A. I don't know the number. Q. Were there quite enough to protect every person who would appeal to the commanding officer for proteotion? A. If I went to the barracks and staid there; I believe there was. Q. When was it you stated you were imprisoned in Columbus? A. I believe it was the second Monday in May; I don't know precisely. Q. How did Mr. Chipley and Dr. Kirksey happen to visit you at the jail-? A. I don't know, sir. Q. Were you sick? A. No, sir. Q. Didn't Dr. Kirksey attend you there as a physician? A. He did not attend me; he was th e count y p hysician. Q. Is Dr. Kirksey the county physician? A. He was the county physician. Q. Did he visit the sick in jail, those .that were confined by the orders of the county court? A. I do not know. Q. What were yTou in jail for? A. I Q. If you had been acquainted with all the parties in the house could you have recognized them? A. I don't know that I could have recognized more than two others that I had seen, but I didn't know them; I only seen about seven in all. Q. Were you in a position to see everybody in the house? A. No, sir. Q. Were you particularly anxious to be seen youreself? A. No, sir; I was not. Q. Were you not really hiding from observation? A. I was. Q. Were you not excited and alarmed? A. I was. Cross-Examinied —Questions by Defense. Q. Didn't you say, MIr. Bennett, that you were not certain whether Hudson was there in your direct examination? A. I ain't certain positively as to the man; I would not like to swear positively as to the man; the other three I am pretty certain of. Q. Which three are you certain of? A. I believe it is James Barber, Duke, and Betz. Q. You said you would not be certain positively as to Hudson, because he was masked; how can you be certain as to the other three, as they were masked? A. I seen them standing up, he was in a stooping position and his coat was hanging over his face, and I could not see him so well; ,I saw only one side of his head as lie passed by the door. Q. Who was stooping? A. Hudson. Q. Where was he stooping? A. In the edge of the door, rather on the side of the door. Q. Do you mean the door where the shooting was? A. Yes, sir. Q. How did you know the other three who were masked as well as the other persons? A. By their personal appearance, and the light shone better on them. Q. What do you mean by the personal appearance? A. The shape; I mean their bodily appearance; I could know I was well acquainted with his back to me, or if they were at a distance, I could recognize them by their personal appearance. Q. Is that the only ground on which you made the statement that you knew these three persons? A. I can't explain why I know a man when I see him; I can't describe the optical between two men. Q. You judge then just from the size and conformation of the body? A. And their walk and movement. 46 MILITARY OUTRAGE IN GEORGIA. to the Republican party in Columbus take? believe it was a whisky bill, obtained partly by the Union League and partly by myself. Q. Was it for debt? A. It was for a fine of fifty dollars that they put me in. Q. What was the fine imposed upon you for? Q. I do not know what it was imposed uponi me for, more than that was the main cause of it. Q. Was it not f or getting whisky under false pretenses? A. I do not know; that ewas said to be the cause, but I do not know that you can drink by the glass and ge t it o n fals e pretenses, going backwards and forward. Q. Was not the charge on which you were convicted fo r getting whisky under false pretenses? A. I d o not know what the char g e was; I never read it. Q. Was not the charge brought by a member of the L o y al League? A. I believe it was. Q. Who w has i t that prosecuted y ou? A. I believed it was an old Jew called Coleman. Q. Did you then appeal to members of the Democratic party for assistance? A. No, sir; I had no means of commiunicating with them unless they came to the jail to ine. Q. Didn't you send word through George Horton, the Sheriff, to the leading members of the Democratic party? A. I did not; if he sent any word, it was on his own responsibility, not mine. Q. Did you not send word to them by John Cleg,horn, the Jailer? A. I do not know if I knew any of them or had spoken to them. Q. Have you not sworn that you knew M1r. Barber at night and under a mask? A. I did. Q. bas he not one of the leading members of the Democratic party? A. I do not know. Q. Didn't you know that he was a candidate for the clerkship of the county? A. Yes, sir, I knew that he was a candidate, but knew nothing about. the Democratic party. Q2. You knew he was running on the party opposed to the one to which you belong? A. I knew he was running on the party opposed to the OhO to which I belong. ~Q. To which party do you belong. A. Republican. Q. W~hat name does the party opposed A. Democracy. Q. Well, then, you now swear that you L did know that Mr. Barber was the candi date of the Democratic party for Clerk of the Court? A. I did; he was that. Q. Didn't you know that Mr. Chipley was Chairman of the Executive Committee of the Democratic party? A. I did not know; I paid no attention to the Demo; cratic party whatever. I had no knowl edg,e of it, no knowledge as to who was chairman, nothing of its organization; might have seen it stated. but didn't pay any attention to it. Q. Did you not tell Mr. Cle,ghorn, the Jailer, that you would deliver to Mr. Chipley, Chairman of the Executive Com mittee of the Democratic Club, certain letters and other political papers if he, Chipley, would get you out of jail? A. I told Mr. Chipley that; he demanded that of me; he demanded no political papers of me for that; I was to send them to him by Cleghorn, as security, if I would work with their political party to a certain ex tent. Q. Did you agree with Mr. Chipley to turn over the papers to him and work with the Democratic party if he would get you out of jail? A. No, sir; I did not agree to work with the Democratic party. I was to work with the Republican party, and was to tell him what white members be'long to the Union League? Q. You were to be in the League and communicate to Chipley what white mem bers belong there? A. Yes, the white members belonging to the League. Q. Was not that the consideration on which you were taken out of jail? A. That was part of it, I think. Q. Was not the other part that you were to furnish them a list of the Loyal Lea,g,ue and a letter from Foster Blodgett? A. I believe he asked something of that kind, that I had a letter of Foster Blodgett; I think that was his demand, but I do not think he ever got it. Q. Was not that consideration the other part of it? Didn't you tell him you had such a letter from Foster BlodgettI and that you would furnish him that, b~e sides giving him a list of the Loyal Leag~ue, if he would get you out of jail? A. I think he made that demand, but I didn't comply with it. 'Q. You speak of a demand; I speak of 47 MILITARY OUTRAGE IN GEORGIA. Q. Have you ever seen the letter since? A. No, sir. Q. Was it in your trunk? A. I think the agreement between you. A. I do not think there was any agreement, but it was voluntary upon both parties; there was no specified agreement whatever. Q. You were in jail under a fine of fifty dollars and the costs, and you proposed that if he would pay this fine and get you out of jail, you would give him a list of the Loyal League and furnish him the names of all the white men in the Loyal League, and also a letter from Foster Blodgett, you said you would do that; and he would do the other-voluntary on both sides? A. No, the proposition came from them, not from me-that was the proposition. Q. Did you agree to that proposition? A. In part I did. Q. In what part did you not agree? A. In furnishing the list of the Union League. Q. You didn't furnish the list of the Union League? A. I did not. Q. Was the other part of the proposition carried out? A. So far as the sending over of some four letters in my possession one year. Q. Were you released from jail, and the fine paid, and you turned over some of the letters. A. I did. I gave an order to the jailer to go and find what letters were in the trunk. One of the letters there was Mr. Ashburn's, and one from Costino. Q. Did you tell Mr. Chipley that the letter from Foster Blodgett was political, and would do the Democratic party good to have it. A. I did not. The idea was this, that I was to write to Foster Blodgett, and aid Foster Blodgett in getting a city election, instead of an appointment. That was the object of it. Q. Didn't you deliver to Mr. Chipley a letter from Foster Blodgett? A. I do not know what was in the trunk. All the letters there, I think I gave him, one from Bryant, the foot of it little torn, the signature torn. Q. Didn't you say that the Foster Blodgett letter was delivered by Mrs. MIcCarter to Mr. Chipley. A. I do not know such a person in Muscogee county. Q. W~ho was it you gave the order to to deliver the letter? A. It was to one Mrs. MIeClary. Q. Didn't Sirs. McClary deliver it? Don't you know that Mrs. Mc~lary delivered it? A. I don't know, because I have not seen the woman since. Q. Have you examined the trunk since? A. No, sir. Q. Never examined it since? A, No, sir. - Q. You gave the order to Mrs. McClary t o deliver it. A. I gave the ord er to deliver what letter s she could find in the tr un k, I think was the wording of it. Q. Who is Mr. Costino that the other letter was f rom or to? A. Mr. Costino, I believe he is a colored man, a member of the p rese nt Le gis lature of Georgia, and the letter, I believe, I got from Mr. Ash - burn the night he was killed. Q. Mr. Costino, the n, was a man o f po - litical influence with his party, or supposed to be so? A. In Talbotton, I suppose he was. He did not belong to Columbus or Muscogee County. Q. Didn't you represent to Mr. Chipley that the pos se ssion of t hi s and o ther letters w ould be valuable to hi m or the Democratic party, poli ti cally. A. I did not. He demanded this as security that I would aid him in obtaining a city election. The letter was given as security. Q. Did you promise them to aid him in the city election? A. I believe I promised to aid in obtaining a city election, instead of an appointment. There was talk 'that there was to be a military appointment, and I was to use my influence in getting an election instead of an appointment. Q. If that was the object, how did 3Ir. Chipley know that you had those letters in your possession? A member of the Court here objected to further examination on this point, as being irrelevant. The counsel for the defense rose to state the object, to show relevancy of the testimony. The President of the Court asked that it be put in writing, which was done in the following words: The object of the testimony is to show that the money that Chipley furnished witness in getting him discharged from jail was in no way connected with the Ashburn assassination, but was in consideration of certain services, that witness was to render the Democratic party. It is to fully and clearly account for this entire transaction, disconnecting it entirely from the object 48 so. MILITARY OUTRAGE IN GEORGIA. Dr. Tuggle for it? A. Who is IMr. Hor ton? I don't know the man. I don't think I ever spoke to him. I spoke to Mr. Wilkins the next morning. I don't know any man named Horton. Q. Did you tell anybody in Columbus that if Ashburn had not settled with you that night you_would kill him? A. I did not. Q. Were your relations with Ashburn friendly or unfriendly? A. They were not unfriendly at that time-they were friendly. We had explained the matter. It was a difference on election matters. Q. Do you know Mr. John Duncan, of Columbus? A. I know him by sight. Q. Do you know his father? A. I had the same acquaintance that I did with John. Q. Did you ever say anything to either of them, or both of them together, about the killing of Ashburn? A. I did. Q. What did you say? A. Do you want me to state the whole conversation that occurred between us? Q. Didn't you state to him, if that d-d old Ashburn had not been killed when he was, you would have killed him? A. No, sir. Q. You say you did not state to either of them, or both of them, those words? A. No, sir. ki Q. What time did you reach the house in which Mr. Ashburn lived, and in which he was killed? A. I think it was between seven and eight, or six and seven. I don't exactly know what time hle came there. I had seen him in the afternoon, previously to that, me and Woodfield both, and then we were to meet him at night. I came there for that purpose. Q. Was Mr. Ashburn there when you got there? A. Yes, sir. Q. Did Mr. Ashburn remain there? A. No, sir; he went to the meeting at the Temperance Hall. Q. Was that a political meeting? A. It was. Q. What time did he come from that meeting? A. I don't know; I was at Mr. Woodfield's house when he came home; he was home before me. Q. What time did you go back to Hannah Flourney's? A. I think it was 11 o'clock, or after 11; it was somewhere after 11. d Q. Did you usually sleep in that house? A; I had been in the habit of sleeping which t he pros ecut ion intended to estab lish by its introduction. The Co mmission h er e retired, and after due delibera tion re tur ned; and, after the members wer e seated, the decis ion of the Commis sio n was ann ounc ed by the Judge A dvoc at e, "That the Court sustains the objection in question." The Court deems it proper to state, that the defendants C. and K. have a right to show, if they can, a different motive for their interference in be half of th e witness whe n in jail fr om th e one a ttempted to be established by the prosecution, but in doin so mtin they must confine themselves within proper limits. The Court is of opinion that the cross-examination of the witness on the stand has extended to irrelevant matter. . What bus iness wer e you engaged in at the time of the decease of Ashburn? A. I was keeping a bar-room. Q. Whose bar-room? A. It was partly owned by myself, and partly by a fellow named Turner-a man named Turner.1 Q. You said that man Turner, or that fellow Turner-who is Turner? A. Mlatthew Turner. Q. How far was your place of business from the house where Ashburn was killed? A. It was about a mile, nearly. Q. Did you not go to the house where Ashburn was killed on the night of the killing, in company with Mr. Woodfield, to see Ashburn, to get money that you claimed that Ashburn owed you? A. I went in company with Mr. Woodfield, early in the evening, about money that he owed Mr. Woodfield. I was to get mine the next day. Q. Did Mr' Ashburn owe you, and how much? A. He owed me considerable. I could not tell exactly how much he owed ie —a little over sixty-seven dollars at one time, and several other bills that I looked over. Q. Did 3Ir. Ashburn settle with you that night? A. He did not; he was to settle with me the next day. Q. Did you and he come to an agreement as to how much he owe.d you, that night? A. We did not come to any solution that night. Mr. Woodfield's was talked about, and only his, as he was going out to 3 meeting that night. Q. Did you not say the nest morning after the killing, on Broad street, in Columbuls, to Mr. Horton, that you went down with W~oodfield to get your money, and that Ashburn gave you an order on 4 49 MILITARY OUTRAGE IN GEORGIA. Q. Was he a Government detective? A. I think he was, but do not know. Q. Did he ask you to make any disclosures about Ashburn's assassination? A. He asked me why I should have gone to this girl while I was full of whisky, and this affair about Mr. WVoodfield is the only thing I am aware of. IlQ. Had you ever before stated to anybody about your knowledge of these three persons accused? A. I had. Q. Whom had you stated it to? A. To Captain Mills, and, I believe, to Major Smythe. Q. WVas that before you were arrested? A. I think that was one day after the occurrence that I told Capt. Mills; it was but a short time; it was three or four days after the occurrence that I told Major Smythe; I wouldn't be certain. Q. Did Mr. Reid ask you about the same? A. No, sir; it was about the conversation at the jail, and about going to see Amanda Patterson. Q. When did you first see Mr. Whitley? A. At Capt. Mills' office, the morning I was arrested. Q. Did he go to Savannah with you? A. No, sir. Q. Did you see him in Savannah while you were under arrest at Fort Pulaski? A. I did not see him while I remained a prisoner at Fort Pulaski, but after I came away. Q. Where did you see him after you came away? A. At Atlanta. Q. You did not see him from the time of your arrest till you came to Atlantat? A. I think not. Q. Where were you put when you were brought here? A. I was put in a room where there was some other witnesses. Q. Where were you placed after that? A. In a cell in the guard-house. Q. Been kept in a cell ever since? A. No. Q. How long were you kept in a cell? A. I disrecollect how long. Q. Were there any statements made to you that by. making disclosures you would be removed fromn the cell? A. No, sir; no offers of' any kind were ester made to lme. Q. (Can you account for your being arrested and put in a cell and kept in a cell for so long a time as you were? Any reason assigned you for it? A. I understand it was attempting to leave Columbus, lor to go awray with this gir; I do not Iknowe exactly. there since MIr. Ashburn came back from Atlanta; sometimes I would sleep at the shop, but very little. Q. Had you slept there the night before7 A. I disrecollect whether I had or not; rather think I did. Q. You state that you usually slept there; that is your statement? A. Since )Ir. Ashburn came back fi'om Atlanta. Q. Did Mr. Woodfield return to that house that night with you? A. He didn't return after he went to his house. Q. Didn't you state to Mr. Horton next day after this occurred, that Mr. Woodfield re turned with you to that house, and th at the firing comnenced, or the p a rty came, within fifteen minutes after he left? A. I did not. I did not speak to Mr. Horton the nexst day. Mr. Ho rton was n ot in the habit of speakinw to me under any circumstances. Q. Did Ashburn fire his pistol that nigh t;n the ro om? A. I think not; I wouldn't be certain, but I think not. Q. Dtidn't you tell Mr. Murphy and others that Ashburn fired one shot and you thought two; but was positive that he fired on e sh ot that nighit? A. Mr. Murphy was looking at the pistol, and seeing it w as not fired, seeing that there was not a chamber empty, there was no necessity for Uly saying that. Q. You state that you did not make that statement to Mr. Murphy? A. I made no statement to Mr. Murphy at all; it was to Mr. Mayor that I made any statement that was made. A. What time were you arrested? A. The first day of last month. June. Q. Wvhere were you taken? A. To Fort Pulaski. Q. Where were you put there? A. In a cell. Q. What was you arrested for? A. I don't know. Q. Were you ever told what you were arrested for? A. No. Q. How were you treated there? A. Received the same fare as soldiers generally received- soldiers' rations; only closely confined; that was the only trouble that was to it. Q. Were you confined in a cell? A. I wvas. Q. What was the size of the cell? A. I should suppose it was about seven or eight feet long by four or fivee feet wvide. Q. Wcho visited tyou there? A. An o~fficer named Reid, I believe. 50 I MILITARY OUTRAGE IN GEORGIA. said I'd see about it; at that particular time, and the morning after Mr. Ashburn's death, I went there; thinking he was one of the party, I said, after taking a drink or two, "I wonder why I escaped that night?" and he said "because you had turned a Democrat;" he then said nobody would be hurt for killing old Ashburn in a whorehouse anywhere else cxcept in the United States; I don't recollect what I said in answer to various inquiries made. Q. What kind of arms were used by the accused named? A. Revolvers. Q. Were you released from jail and your fine paid in consideration that you would not say what you know about the death of Ashburn? A. No, sir, there was no such think as that. The Court then adjourned till 10 o'clock to-morrow morning. Q. Had MIr. Whitley ever had any conversation with you about your testimony? A. I disrecollect; we have spoken many times on various subjects; I do not think there was any specified conversation on that subject. Q. Wrere you confined with any of the other prisoners, or were you togethler at any timne? A. George Betz was the only one and Marshall and a boy named Stephens. Q. W\ere you confined for a part of the time in close confinement with Betz alone? A. I was. Q. What did Mr. Whitley tell you, the third day of your close confinement with Betz, would be the result if you did not disclose? A. I believe he said that I should stay there till I rotted, or somethling to that effect; I believe that was the amount of it. Q. Did you see the affidavit that Mr. Whitley got Betz to make there? A. It was not made in the cell I was in; I merely got a sight of it-did not read it at all. Q. You do not know the substance of it? A. I do not; I know a few of the names; I know nothing of the substance. Q. Was Betz with you last night? A. Yes, sir; he was in thy room all night. Q. Sent to your room? A. I think so. The Commission met pursuant to adjournment. Present-The same members as yesterday, the Judge Advocate, the prisoners on trial and their counsel. The record of yesterday's proceedings was read and approved. Henry L. Benning, Esq., of counsel for accused, appeared and took his seat. The counsel for accused requested that the court instruct Capt. Mills, who had in charge the testimony taken at the coroner's inquest, to forward the same, for the purpose of being used upon the trial now proceeding Th e Jude Advocate stated that hewould have Captain Mills subpoenaed, with instructions to bring with him the document referred to, if in his possession. Questions by the Judge Advocate.. A:kIANDA PATTERSON, a witness on bebehalf -of the prosecution was then introduced, and having been duly sworn, testified as follows: Q. What is your name? A. Patter Re-direct Examiniation by Prosecution. Q. Do you know why you were confined in the cell with Betz alone? A. I do not exactly know why; I have an idea, but do not exactly know the real cause of it; I believe Mr. Whitley asked me if I would go in the cell and I said I would; when I was taken there I believed strongly that he was one of the parties that did the shooting of Ashburn. Q. Did you go in at- the suggestion of Mr. Whit ley or by his direction? A. I volunteered to no. Q. For what purpose did you volunteer? A. I believe it was to see if I could induce him to go over to the State's evidence. Questions by the Court.r Q. What did you state to the Duncans? A. Well, sir, Mr. John Duncan, some time previous-I think it was three days previous -strongly induced me to turn a Democrat, saying that something was going to happen; he strongly advised me to quit Ashburn and stop with him altogether; I 51 MCPIIEiiso-,;, BArrACKS, ATLA.NTA, GA., July 3, 1868. 1 bus. Q. What State? A. Geor-ia. i . Q. How lon- have you regided there? A. About six years,. IMILITARY OUTRAGE IN GEORGIA. Q. Were you acquainted with George Ashburn? A. No, sir; I didn't see them; W. Ashburn, in his lifetime? A. About I went into the front room. two weeks was as long as I was acquainted Q. Did you see Bennett there that night? with him. A. Yes, sir, I saw Mr. Bennett. Q. Were you living in the same house Q. Were any females there that night? with him at the time of his death? A. If so, state who they were. A. None but Yes, sir. mei and Hannahl Flourney. Q. Had you known him previous to Q. How many persons seemed to come going to that house to live? A. Yes, sir. into the house at that time? A. Well, I Q. How many rooms are there in that could not tell how many there was in the house? A. Five, sir. front room; there was a good many; there Q. Did you occupy either of these was not so many come into the midrooms? A. Occupied one of them. dle room, though; I don't know cx Q. Will you state which one of them; actly how many did come into the middle that is, whether first, second, third or room. 1ourthl from the front? A. Second from Q. Which room were you in when the front. these parties broke into the front room? Q. Which room did Mr. Ashburn oc- A. In the second room. cupy? A. Third room. Q. Was there any person in there with Q. Were you in your room the night you at the time? A. No, sir; no one but that Ashburn was killed? A. Yes, sir. Hannah Fl'ourney. Q. Now, state to the court, in your own Q. Did you see any persons that night way, what happened that night in relation in your room besides the usual occupants to his death? A. There came a crowd of of the house? A. Yes, sir, I did. men to the door, knocked and asked for Q. State who you saw. A. I saw Chipthe door to be opened; Hannah says, I ley, Dr. Kirksey, and Bob Hudson, Coshlan't open the door this time o' night for lumbus Bedell, Jim Barber, and George nobody; she asked them who was there; Betz, and Bill Duke. they said "Mary Tillinghurst;" Hannah Q. Do you see any of the parties you asked'ecn who they wanted to see; they have named now in this room? If so, said they wanted to see "Mandy;" she point them out. A. Yes, I do. [WVittold thliem they couldn't see "Mandy; " then ness here pointed out the three mentioned they asked for her; she wanted to know among the accused.] what they wanted with her; they said for Q. Were these parties disguised in any her to come to the door a minute; she told way? A. Yes, sir; they had on masked faces. them she shouldn't do it: they told her if Q. Did you see any one or more of she would not open the door they would them that night without masks? A. I burst it open; she told them they might didn't see but one. burst it if they wanted to; sothey burst Q. Who was that? A. I don't know, it open and come in. sir; a stranger to me. Q. Well, what did they do when they Q. Did any of these that were masked came in? A. When they asked Hannahi lose their masks that night? A. Yes. sir; who was in there, she said nobody but me Columbus Bedell lost his. and her; then they went to Mr. Ashburn's Q. Where did he lose his mask? A. door and told him to open it; he asked It dropped off his face when he went out what was wanting-, and they told- him to the front door. open the door; then he opened the door Q. Did any conversation take place beand they commenced firing. tween you and him at that time? If so, Q. Was there any light in the front state what it was. A. None at all, only, room when these persons broke in? A. as he went out the door, he told me if I No, sir; there wasn't no light in either one told on him he would kill me. of the rooms. Q. Did this take place in the daytime Q. Was there a light in that room-the or at night? A. Night. front room-at all, that night after they Q. Do you know what day of the mouth broke in? A. No; no light at all, only or week? A. I don't know, sir; it was what they brought in; they lighted a light Monday night, in the room afar they came in. Q. What time in the night? A. It was Q. Did you see the persons who fired on between twelve and one o'clock. 52 MILITARY OUTRAGE IN GEORGIA. Q. Had you had any conversation with Q. When and where? A. He came up any of these parties previously in regard to my house about a week before I came to the killing of Ashburn? A. I had a, from home. conversation with Chipley, Dr. Kirksey, Q. What did he say to you then and and Jim Barber. there? A. He said not much of anything, Q. Where did that conversation take only he said he wanted me to come to his place? A. Up over Spears'. room with him. Q. State how you came to be there. A. Q. Did he ever visit you before? A. I went to see the Doctor. No, sir; never was in my house before in Q. What Doctor? A. Moses. his life. Q. Were they in the Doctor's office? Q. How long did he stay that time? A. No, sir, they wasn't. A. He didn't stay more than half an hour. Q. Where were they? A. They were Q. Any person present when he was in another room. there? A. Yes, sir. Q. State the conversation you had with Q. Who were they? A. Agnes Kyles, them. A. Well, I went up there; they Georgie Allston, and Almeda Ridley. were in a room, and when I come out Q. Did you go with him as requested? Barber says "Mandy;" and I says, 1"What A. No, sir; I did not. do you want? " and he says, "Come Q. Did he give any reason why he here." I just walked to the door-never wished you to go with him? A. No, sii. went inside-and himi and Chlipley says, Q. Did you make him any promise? '"We are going to kill old Ashburn the A. No, sir, I didn't make him no promise. night of the day he speaks." I told them Q. Did he tell you where his room was? not to do it while I lived there. A. Yes, sir; he told me where it was. Q. When did this conversation take place? Q. Did he tell you to come some other how long before Ashburn's death? A. time if you could not go then, or anything On the Tuesday evening before the Mon- of that kind? A. Yes, sir; I was sick at day night they killed him. that time and he asked me when I got well Q. Was that all the conversation that if I would come. took place between you and them at that Q. Have you had any conversation time? A. No, sir; I told them not to with any person, since the death of Ashcome while I lived there, and I told them burn, about leaving Columbus? A. No; that they did not know how to get in; none except with Mr. Bennett; Mr. Benthey said they knew as well how the house nett came to my house and wanted me to was fixed as I did; and they said if I told go away. what they said they would kill mc. Q. Well, what did he say to you about Q. Did you hear either of these parties, going away? A. Hle asked me if I didn't at any other tinie before Ashburn's death, want to go away; I told him no; I asked say anything about killing him. A. I him why he wanted me to go away; he heard Columbus Bedell and Jim Barber. said the Ku-kluxes would kill us; he said Q. When and where was that? A. It if the Yankees carried us off and put us in was on the street, on the Wednesday, I be- prison we would die; he said he didn't lieve, before the killing, Monday. want to swear anything against the men; I Q. On what street was it? A. Broad told him I would not go at all; he said street. MIr. Bowers and Columbus Bedell was to Q. In what place? A. Down close to furnish the money to go away if we would the new bank, Columbus. go and not swear anything against them. Q. What did you hear said by either of Q. Why did you not go with Bedell, as these parties at the time? A. As I was he requested? A. Because I didn't want passing by I heard Jim Barber say to to go; I was afiaid he wanted to get me Columbus Bedell, says he, "We're going down there and kill me. to kill Ashburn." Q. What would he want to kill you for? Q. Had you any personal acquaintance A. Afraid I would tell anything on him. with Columbus Bedell at that time? A. No, sir; I had talked to him some few Ulos-examnned by Defense. times; not often. Q. Were you examined at the Coroner's Q. Have you seen him to talk to him inquest? A. Yes, sir. since the killing of Ashburn? A. Yes, sir. Q. In that examination did you not 53 IMILITARY OUTRAGE IN GEORGIA. testify that you did not know any of these Q. When were you first arrested? 2A. parties? A. Yes, sir, I did; I would not I don't know what day it was, now. tell'em I knowed'em. Q. As much as three weeks ago? A. Q. Do you know IMr. MIcCanlis, that Three weeks? It will be six weeks or seven lives near your house? A. Yes, sir, I weeks to-morrow since I left home. know him. Q. Who arrested you? A. Captain Q. Did you see him that night after the Mills sent up and had me arrested; I never death of Ashburn? A. Yes, sir, I eed I asked him anything about it, or who had him. it done. Q. Did he come into your house? A. Q. Where were you first taken to? A. No; I saw him standing out by his gate.,Ie? I was taken down to Fort Pulaski. Q. Any conversation between him and Q. How were you treated there? A. you as to the persons in the party ira- Oh, I was treated mighty well. mediately after the death of IMr. Ashburn? Q. Where were you put? A. I was put A. No, I had never no conversation with in a room. him; I never spoke to him. Q. By yourself? A. Yes; by myself. Q. Did not you speak to IMr. McCanlis Q. What was the size of the room? A. that night after Mr. Ashburn's death? A. A tolerable large room. No, sir; I never spoke to the man. Q. Any person visit you there? A. Q. Did not he ask you if you knew any Yes, Captain Cook visited ime there. of them? A. No; I never spoke to him. Q. Did hlie converse with you about this Q. Didn't you tell him that you did not affair of Ashburn's assassination? A. No, know any of them? A. No; never spoke I never said anything to him about it. to him at all that night. Q. Who first mentioned the subject to Q. Did you see the son of Mr. Ashburn you, of the assassination of Ashburn, after there that night after his father was killed? your arrest? A. Mr. Whitley. A. Yes, sir. Q. Did he tell you that that was what Q. Did he ask you if you knew any of you were arrested for; to give evidence on the parties that killed him? A. No; his that subject? A. Yes, sir. son never asked me if I knew any of them Q. What did he state to you about your at all. evidence? A. He asked me what I knew Q. Were you in the room with his son about it. where the body was lying? A. Yes, sir; Q. Did he tell you that you would be I was in there. confined until you made a disclosure? A. Q. Didn't he ask you if you knew any No. of them there in the room? A. He Q. Did he tell you that you would be never asked me if I knowed'em. confined-not released-until you made a Q. Who were present at the time you disclosure? A. Yes, he told me I would say Dr. Kirksey, Chipley and Barber told be imprisoned until I told about it. you that they were going to kill Asliburn? Q. Did he tell you what could be proven A. I don't know; there was somle more by other parties? A. No. men in the room I didn't know; there Q. Did he tell you that hlie knew that was no one with me at all. Kirksey and Bedell and Chlipley and Duke Q. What time was it that you had this were there? A. No, hlie never said anyconversation with Mr. Chipley and Barber thing about it; he never told me that lie and IKirksey? A. It was in the evening knew they were there. on Tuesday before they killed him, Monday Q. Did he ever mention the names of night. these gentlemen to you? A. Ile never Q. Was that the time you say you went mentioned their names until I told him to Dr. Moses' office? A. Yes, sir. they were there. Q. Was it at Dr. Moses' office? A. Q. How lon( was it before you told him No, sir; it was not. they were there? how long after your ar Q. Where was it then? A. It was in rest? A. Not long. another room, in the samle building. Q. Did you ever see Mr. Whitley until Q. Where was'that building? A. Where you came to Atlanta? A. Yes, sir. was the building? Up over Spears'. Q. Where did you first see him? A. I Q. Do you mean Spears' jewelers' store? saw him down at Fort Pulaski. A. Yes; I mean Spears' jewelers' store. Q. hlow long have you been in At 54 MILITARY OUTRAGE IN GEORGIA. lanta-how long since you came up? A. Been here four weeks. Q. How much a day did he tell you lhe would give you? A. Never told me he would give me anything. Q. Did you not tell the guard that Mir. Whitley told you lie would give you a certain amount of money, and if so what amount? A. No, I did not. Q. What time of day was it when you heard Bedell and Barber speak of killing Ashburn? A. In the evening, between two and three o'cloeck. Q. Who were present when Bedell and Barber spoke to you on the street. A. There wasn't no one at all. They didn't speak to me; I just heard themi speaking, when I was passing by. Q. Were any persons present with them? A1. No, they.N were by themselves. Q. What part of the street was it, and what street was it? A. Broad Street. Q. What part? A. Not very far from the new bank. Q. Where is the new bank? A. On Broad Street. Q. What part of the city is it in? A. About middle-way in the city. Q. How far from the Perry House is it? A. It is nowhere's near the Perry House. Q. How far from the Post-office is it? A. Post-office! It is nowhere's near it. Q. How far from the City Hall is it? A. I don't know where the City Hall is. Q. How far from Spears' jewelers' store? A. A good piece below. Q. Which side of the street was it on? -1. On the left-hand side as you go down. war ned by Chipley an d Barber before it occurre d, tha t i f I tol d anything on themn they w ould kill me. Q. But I me an b y a ny o fficer? A. No, by no officer. Q. Di d an ybody e lse w ar n you, before the Coroner's inquest met, not to tell what you knew about it? A. Yes, far. Bennett told me not to tell anyth ing there about it. Q. What did ofr. Bennett say to you'? A. He told me not to tell anything there that I knew about it. He sai d he rwas not g,oing to tell anything he knew, and it' we did tell, they would kill us all. Q. Did the conversation you had with Clhipley, and Barber, and Kirksey, over Spears' store, take place in the room, or in the hall, or where? A. They were in the room. Q. Where were you? A. Standing in the hall, right by the side of the door. Q. Whereabouts, were they standing? A. In the door. Q. Were the other persons whom you there saw in the room, near to those with whom you were conversing, or not? A. No, they were stauding about middleways in the room. Q. Did they speak in a loud voice? A. Not very loud. Q. Did they speak to you loud enongh to be heard by the other persons in the room? A. Yes, sir, they did. Re.-cross-examined- Questions bly Defeise. Q. Had you left Dr. Moses' office before this thing took place? A. Yes, sir, lie was not there. Q. How far was his office door from the door where these gentlemen were? A. not far. Q. On the same floor? A. Yes, sir. Q. How far from the door-six feet, or ten, or what? A. The Doctor's office was on one side of the hall, and they were on the other. Q. Is his office door right opposite? A. No, not opposite. Q. What distance do you think it'is from one door to the other? A. I don't know; I never took no notice. Q. Is it eight or ten feet? A. I don't know how far it was. Q. Which is nearest to the entrance of the hall-the door of Dr. Moses' office or the one these gentlemen were standing in? A. The door these here men was in. Q. In your cross-examination, you stated that you would not tell the Coroner's Jury what you knew about the persons who killed Ashburn, or words to that effect; now tell mie why you would not tell before the Coroner's Jury all that you know about that matter? A. Because I was afraid of my life. That's the reason I didn'ttell it. Q. Why were you afraid of your life? A. Because I was. I was afraid they would kill me. Q. Why were you afraid they would kill you? A. Because I knew they would have killed mone if I had told anything on tlhem. Q. State whether or not you had been warned by any one not to tell? A. I was I 55 Rc-e.xa?itir,ed- Qitestions by Jit(Ige Advo cate. MILITARY OUTRAGE IN GEORGIA. Ashburn? A. Well, sir, the party refused to give bond for me; Capt. Mills, I believe, told me he was required to take bond from each one of them to the amount of twentyfive hundred dollars, and they refused to give bond for me; I think Mr. Mloses was the man who refused; he said the reason was he didn't know me; I made myself known to him, and he knew me very well after I told who I was; I stepped to the window and told a negro boy to go to my mother and aunt and to bring them and the titles of the property; shortly after they came up; I gave them seats and walked up to my mother and looked at some papers, and handed them back,to her, and stepped off some three or four paces; Kirksey walked up to me and said, "That's all right now; we didn't know you; we didn't know but what you was guilty, and if you was you would have got money to go away upon." Q. Didn't he know you at that time? A. He did very well, sir; he was the first man that spoke to me when I got into the court-house; I was arrested, I believe, on Tuesday, though all the rest were arrested on Monday; no one was arrested that day but myself; when I stepped into the court room he called me by name; I supposed he knew me by his calling me; he was the first man that spoke to me; I knew him; he spoke to me a great many times before that. Q. Do you remember the month and the day of the month that you went to prison? A. Not exactly. Q. About what time was it? A. I do not remember, sir, what time it was, because I knew I was innocent and didn't care about it; I was not dreaming of being arrested and brought to this place or any other on the Ashburn affair. Q. Do you remember how long it was after Ashburn was killed, before you were arrested and taken to the court-house? A. I can not say the length of time, but it was a few weeks before the election; that's all I could say about that, sir. eVADE H. STEPHEN. S, a witness on behalf of the prosecution, was then called, and hlaving been duly sworn, testified as follows: Q. State your name, age, and occupation. A. Wade H. Stephens; 21 years of at e; occupat ion, harness-maker. Q. Wh ere do you reside? A. Columbus, sir. Q. There are about forty Columbuses in the United States; in which do you reside? A. Columbus, Georgia, sir; Muscogee county. Q. How long have you resided there? A. Abou t eight years. Q. Are you acquainted with Dr. Kirksey? A. Yes, sir. Q. How long have you known him? A. Seven or eight months; probably more. Q. Is he here? A. Yes, sir. Q. Which is he? A. There he is over there, sir; next to Mr. Roper (pointing to one of the accused). Q. State whether you had any conversation with him in regard to the killing of George W. Ashburn. A. I had a conversation with him before the killing of Mr. Ashburn; about three weeks. Q. State that conversation, if it related to the killing of Ashburn. A. I met him on the street, sir, a few blocks below the court-house; he stopped me and called me to his buggy; he was in his buggy at the time; he asked could I keep a secret; I told him of course I could; he told me there was a party got up in that place to go to a certain place at a certain time and there put an end to old Ashburn, and if I would join the party he would give me fifty dollars; I refused his money and went away; he called me back to him and said if I would not go with the party not to expose what he said to me; nothing further occurred at that time; I spoke a few words afterward to him when we were prisoners in the court-house. Q. What was your conversation in the court-house, if it related to the killing of Cross-Examined —Questions by Defelse. Q. When were you first arrested? A. When? It must have been a good while ago, sir; I don't remember what time it was. As I said before, I didn't pay any attention to anything concerning the arrest during the time I was confined in the courthouse; what I heard there I of course, knew very well; recollected it, and do until 56 Q.'""as Dr. Moses' office door open? A. No, sir. Q. Any other office door open? A. No; no doors were open at all, only the door them men were in. The Court then took a recess of ten minutes at the request of one of the accused, after which the Commission was again called to order by the President. Qztestions by Ju(I.qe Adcocate. MILITARY OUTRAGE IN GEORGIA. could fare; as well as they generally do fare. Q. Were you told that you would be kept in close confinement until you did? A. No, sir. Q. How long did you remain there before making any disclosure? A. Never made any at all, sir, there. Q. Where did you make a disclosure? A. At McPherson Barracks, sir. Q. You made no disclosures at Fort Puilaski, of what you have here to-day? A. No, sir, none at all; I may have spoken some few words to some of them about it; I won't be certain that I never mentioned anything at all about it while there; but I made no confession there. Q. Were you removed from the first cell you were put in? A. Yes, sir. Q. Where were you put then? A. Into another cell opposite; it was the left cell I was in-on the opposite side-the side facing the side I was first in. Q. What was the object? A. I don't know, sir. Q. Was there any chlange in your personal condition? A. No, sir. Q. Cell of same character and size? A. Yes, sir; I think the reason I was changed was they wanted to put one of these freedmen in the cell that I was in; but I won't be positive. Q. Were you put at any time in a close box? A. No, sir. Q. No restraint at all put over your person-your limbs? A. No, sir. Q. Did you receive any letter from any person? A. Yes, sir; I received two; my mother's name was signed to them; I don't know whether she sent them or not. Q. Who delivered them to you? A. I won't be positive, sir; it was either Major Whitley or Captain Reid. Q. Did you get a letter from any one telling you that Kirksey, Bedell, and the others had confessed? A. No, sir. Q. Or that they intended to convict you? A. No, sir. Q. Did you not get a letter from anybody telling you that their money would save them and you had better save yourself? A. No, sir; I have received no letters from any one except my mother since I left Columbus, with the exception that the officers were taking my letters and brought them to me; of course, I could not get out to get them myself; they had to handle them. to-day, but the day of my arrest I could not remember, sir; I remember when I was arrested and carried to Fort Pulaski. Q. Were you discharged on your arrest? A. On my bond, sir, I was released. Q. Did you state that that was shortly previous to the election? A. Some time before the election, sir, and after the death of Sir. Ashburn, that I was in the courthouse. Q. How lon y before the election? A. I don't remember, sir; as I have explained before, I do not remember the time; I think it was a few weeks, probably mo re; I don't remember the date or anything about it. Q. When were you arrested a se cond t ime? A. The 14th of May, sir, I believe, when I was carried to Fort Pulaski. Q. Who were arrested with you at that time? A. Ir. Barber, sir; I f ound him in the court-house wh enI w en t th ere, or rather he was in a room off separate from the cells; I do not know whether it was in the guard-room or not; was called about twelve o'clock to go to the depot and get on the train; he came out also, and two negroes. Q. What were the names of the colored people? A. John Wells and John Stapler, sir; they pass by these names; I could not swear to their names. Q. Where were you put in Fort Pulaski? A. In a cell, sir. Q. What was the size of the cell? A. About four by six and about fifteen feet deep. Q. In close confinement? A. Yes, Q. Who visited you there? A. Captain Reid, Major Whitley, and Captain Cook, sir. - Q. When were you informed of what you were arrested for? A. I was not told, sir; I was asked if I knew anything about the Ashburn affair. Q. When were you asked that? A. Shortly after I got to Fort Pulaski. Q. What did you say in r eply t o t hat question? A. Told'em I knowed nothin-, sir. Q. Did anybody adopt any course of punishment to compel you to answer? A. No, sir. Q. What did they do? What treatment did they subject you to? A. I was confined in a cell, received Government rations, and found as well as a prisoner 57 sir. I [LITARY OUTRAGE IN GEORGIA. come out and tell what I knew, and some conversation raised Whitley, Captain Reid. and others, and they stopped me, and I then turned off and went back to my cell, and didn't finish the conversation; I started at it and they stopped me; after that I didn't care to make a statement while I was in such a place as that. Q. When in Columbus, before your arrest, when you knew that efforts were being made to ferret out the murderers of Ashburn, why did you not tell what Dr. Kirksey had said to you? A. I thought in all probability, sir, I would be murdered in the same way that Ashburn was if I told anything. Q. Did you hear any conversation yesterday, in the prison here, betw een a ny of these prisoners and Betz? A. No, sir, I didn't. Couldn't distinguish a word their voice is all I could hear. Q. About the time of Ashburn's murder, was there much excitement about an organization commonly called the " Kuklux Klan," in and about Columbus? A. Well, sir, there was a good deal of marks on my fence, and Q. (Interrupting). I don't want particulars-I only want to know generally, whether there was much excitement and alarm about it? A. I suppose there was, Q. Did you make any affidavit before any person in Savannah-Fort Pulaski? A. No, sir. Q. Make any here? A. Yes, sir. Q. Before whom did you make it? A. 3Iajor Whitley; I made it before him and another gentleman; I forgot his name; it was here in the barracks. Q. What was the substance of that affidavit, as far as you know or recollect? A. What I spoke here concerning Dr. Kirksey. Q. Did you consider that affidavit binding or not? A. I did, sir. Q. Did you ask anybody afterward if an affidavit made before a Quartermaster was binding? A. No, sir; I did not. Q. And you did not reply that you were "all right," then? A. I spoke those words, sir, there in the cell, I believe, with SIr. Roper, and spoke to Mr. Barber after I had been speaking to AIr. Roper some time; I didn't speak to him except merely to pass away the time-lonesome hours; I says to Jim Barber, says I, "Do you know anything about law," and he said, " No; " I didn't tell him that I had made an affidavit before anybody; I merely asked him if a man was to make an affidavit without going before a court of j ustice, or something of that kind; I don't remember now the exact words; I asked him if it was binding; I believe "no" was his answer; I didn't have any more to say, and didn't pay any attention scarcely to to it, because what I say is not what I swear to. Q. Did you not distinctly say to Itr. Barber, "Then I am all right"? A. No, sir; I told him no such words. Q. Nor nothing to that effect? A. No, sir. Q. Did anybody that you know of, or can name, ever see you in conversation to Dr. Kirksey, or hear you speak to him, or he to you, in your life, before your first arrest? A. No, sir; Dr. Kirksey is a rich man, sir, and I am a poor man; you don't suppose he will speak to such "small potatoes" unless he intends to get'emi into trouble, or something of that kind? that is about the amount of it. Q. Did the fear of that organization, if any such existed, operate upon you at all? A. No, sir. I supposed those "K K's " and " D's " they put on my fence, some one put there to plague me. But I heard some others speak, and it seems there was a good deal of excitement. Q. Do you know whether there was alarm among those who were known not to be connected with the Democratic party, for fear of this organization? A. You. mean the Radical party? Q. Yes. A. Yes, sir. Q. Do you know whether about that time there were apprehensions of assassination among men of the Radical party-? A. I didn't hear any such thing as that, sir. Re-cross-Examined-QQuestions by Defense. Q. You say "K. K." was marked on your fence? What do you mean by that? Have you got a fence? A. I have, sir; I have a piece of ground, with a plank nailed on it, and a s hanty or two. thQ. Do you live on that? A. I lile in the house, sir, on that piece of ground. Q. When you were asked at Fort Pula]ski to tell what you knew about this affair, why did you not tell what you have testified here in regard to Dr. Kirksey? A. The reason I didn't tell? I started to I 58 sir. Re-examined- QzLestioris b Jitdge Ad vocafe. MILITARY OUTRAGE IN GEORGIA. The lot my mother bought firom MIajor Q. Point him out? A. There he sits Mloses, I believe, in 1859. over there (pointing to MIr. Wi,ggins, one Q. Does your mother live there? A. of the accused, who, at the request of the Yes, sir; did when I left. Judcge Advocate, rises to his feet). Q. Is it your lot or your mnother's? Q. Is that the man? A. Yes, sir. A. I should consider it mine, sir-or part Q. Do you see Mr. Wood present? A. of it-some of the improvements are mine. Yes, sir. It is hers though, as it stands,'cause I Q. Point him out? A. There he sits don't want any of it. over there (witness points to Mr. Wood, Q. Does your mother's husband live one of the accused, who, at the request there? A. No, sir, he's dead. of the Judge Advocate, rises to his feet). Q. Who keeps house with her? A. Q. Is that IMr. Wood? A. Yes, sir. A colored girl, a cook, keeps the back Q. What time of the night did you see room. them at Norah Winters'? A. The clock Q. Does John Wells, a colored man, was notrunning when I saw them. live with your mother? A. No sir. He Q. WI'as it before or aftersupper? A. did, until I was ready to shoot his brains It was after supper. out, then lie left. I don't think, sir, that Q. About how long do you think it any such conversation should be used here, was after supper? A. I don't know exand I ain't agoin' to answer any more actly how long it was; we didn't have any questions like that. time in the house. Q. Was John Wells arrested with you? Q. Did anybody there have any masks, A. No, sir-he was put in the same room or masquerade suits that night? A. Mr. that I was. He was arrested first. He Wiggins had some masquerade suit. lives down two or three blocks from where Q. How many suits? A. There was I do. I don't know what time of the day only one suit. lie was arrested. Q. Where did he say lhe got it? A. The Q. Was he taken to Savannah with suit was got from Mollie Jones'. you? A. Yes, sir, in the same car. Q. What did he say he was going to do Q. Was he not known to be a Demo- with it? A. He didn't say what he was eratic colored man? A. I heard him say going to do with it; he brought them there. lie was a Demiocrat, and others called him Q. If he said anything about a party a Democrat. going out masked that nilght, state what he Q. Are you aDemocrat, yourself? A. said? A. He said there was thirty of No, sir. I voted a Democratic ticket, but them going out disguised. was a fool for it. Q. Whom did he say it to? A. To Q. Were you not known to be a Demo- Aunt Norah. crat at that time in Columbus? A. No, Q. Norah who? A. Aunt Norah Winsir, I wasn't. ters. Q. How long did Mr. Wood and )Ir. Questoas by the osecto. Wiggins stay there? A. There was no SALLY BEDELLt, a witness for the pros- time-piece in the house. ecution, was next called, who, having been Q. Where did they say they were going duly sworn, was interrogated as follows: when they left? A. When they first left Q. What is your name? A. Sally. the house they were going down to Tem Q. Sally what? A. Sally Bedell. perance Hall, where the speaking was, out Q. Where do you live? A. In Column- there that night. bus. Q. Did they come back after they went Q. In what State is Columbus? A. In to the speaking,? A. Yes, sir. Georgia. i Q. Both of them? A. Mr. Wiggins Q. Where were you on the night of the came back, Mr. Wood didn't. 30th of March —the night that Mr. Ash- Q. Wh,at did Mr. Wiggins do after he burn wa:s killed? A. At Norah Winters. came back? A. Went to bed. Q. Whom did you see there that night? Q. About what time did he go to bed, A. I saw Mr. Wiggins and Mr. Wood. do you think? A. It was after the speak Q. Is Mr. Wiggins, the gentleman whom ing was out in the hall; I don't know what you saw there that night, here present? A. time it was. Yes, sir. Q. Where was the mask suit when he 59 MILITARY OUTRAGE IN GEORGIA. went to bed? A. It was laying in the chest in the room. Q. In what room? A. In Aunt Norah's room. Q. In what room did he go to bed? A. Went to bed in Aunt Norah's room. Q. Did you see him any more that, night? A. After he went to bed? Q. Yes. A. Yes; I saw him after he went to bed. Q. About what time in the night? A. I don't know, sir, what time it was. Q. Where was he, and what was he doing? A. He wasn't doing anything till he went to bed. Q. Was he in the room or out doors when you saw him? A. He was in the room when I saw him. Q. Was he in bed or out of it? A. In bed. Q. Where did you next see him-outdoors or coming in from outdoors? A. I saw him coming in from outdoors. Q. When was that? A. That was the hight Mr. Ashburn was killed. Q. What time in the night? A. I don't know, the clock wasn't running that night; I don't know what time it was. Q. Was it after he had gone to bed? A. Yes, sir. Q. Which way did he seem to be coming from? A. I could not tell which way he come; he had to come up stairs. Q. Was Norah's room up stairs. A. Yes, sir. Q. Was he below stairs or above stairs when you saw him come in? A. He was up stairs. Q. How far was he from Norah's room? A. Just come right up the steps and walked across the passage into Aunt Norah's room. Q. If you heard anything said by him to Norah about her swearing that he was there in bed that night after Ashburn was killed, state it. A. No, sir; Aunt Norah didn't say it to Mr. Wiggins; she said it to me and little Norah. Q. What did she say? A. She said if they would take him up she would say that hle was in the bed with her, and make me and little Norah say the same. Q. You say that the masquerade suit lay on the chest in Norah's room when you went to bed; where was it the next morning when you got up? A. It was on the bed-the clothes was; the mask was lying on the floor. Q. What was the condition of the mask when it lay on the floor? A. It was broke up. Q. What sort of mask was it? A. The upper part was pasteboard and the rest was black silk. Q. Anything like fringe about it? A. No, sir; it was plain black silk. Q. You say it was broke up; what did you do with it? A. I threw it in the fire, sir. Q. Where did you sleep that night? A. I slept in Aunt Norah's room, on the couch. Q. Where were you when you saw Mr. Wiggins come in, after he had been out? I mean the time you saw him coming up the stairs. A. I was in the room, sitting down on the foot of the couch. Q. What time of night was that? A. I don't know what time it was; it was after that meeting was out at the hall; we didn't have ariy time-piece. Q. I refer to the t ime w hen he came back after he had gone to bed; what time was that? A. It was about d ay; I d on't know exactly-about four o'clock when he came in. Q. Do you know h ow long afte r he first w ent to bed before he go t up an d went out? A. No, sir; I don't know how long it was, but he didn't stay in bed very lon(. Q. State whether he went to bed again after he came in at four o'clock. A. Yes, sir, he went to bed again. Q. When Norahl Win ters said she would make you and little Noralo swear tha t he was there that night in bed with her, what did you say? A. I told her I could swear that he was there for such a time, but no longer. Q. When Norah spoke about having you to swear, did she say anything about his being killed, and what did she say? A. That was the time she said that before she would see him killed she would make me and little Norali swear that he was in bed with her. Q. Whom do you mean by him when you say''him killed?" A. M1r. Wi,,ins she meant. Q. What is your age? A. I don't know how old I am. Q. You are a grown woman, are you? A. Yes, sir, I am. 60 MILITARY OUTRAGE IN GEORGIA. Q. Hlave they ever been put to you out of Court? A. Yes, sir. Q. How often? A. Four —five times. Q. By whom? A. Mr. Bostock and that gentleman sitting over there. Q. What is his name? A. I don't know what his name is. (Witness points to Major Whitley.) Q. Do you.mean the magistrate in Columbus, MIr. Bostock? A. Yes, sir. Q. Did Norah Winters keep a boarding-o house? A. Yes, sir. Q.. What sort of a masquerade suit do you speak of; can you describe it? A. They were calico pants and worsted coat. Q. Were not several of them there? A. There were two or three suits in the house, but there was not but one of them taken out of the house that night after I went to bed. Q. Do you know that there was any one of them taken out that night? A. There was one of them taken; it was taken out of the room; whether it was carried out of the house I don't know. Q. You state that Mr. Wig-ins brought one of these suits in? A. Yes, sir. Q. That was before lie went to bed? A. Yes, sir. Q. What did he say when he threw it on the bed? A. Ile didn't say anythinga when he threw his suit on the bed. Q. Did he then, or any time when you were there, tell Norah that there was the suit that Emma Hines sent back that she had borrowed? A. Yes, sir. Q. Is that suit there yet? A. I don't know whether it is there or not. Q. Was it there as long as your stay? A. Yes, sir. Q. Was Mr. Wiggzins a police officer? A. Yes, sir, he was a police officer. Q. What time did you to to bed? A. I went to bed before the speaking was out at the hall, but did not go to sleep. Q. How did MIr. Wood happen to go up into the room with Mr. Wiggins? A. Aunt Norah asked him up stairs to take a drink. Q. That was about what time? A. That waIs before the speaking was out at the hall; it was the soon part of the night. Q. W~as there anybody else present? A,. Caslin. Q. Wias not little Norah? A. Little Norahl was down at the door too. Q. Did Mr. Wi,ggins have a masquerade suit on when he went or returned? A. No, sir; he didn't have it on when he went out or returned. Q. Did he take it with him? A. He took it out of the r oo m w ith h i m; I don't know whether he carried it down stairs or not. ARAIIAM JOHNSON, a witness for the prosecution, was then called, and having been duly sworn, was itnterro,ated as follows: Q. What is your name? A. Abraham Johnson. Q. Where do you live? A. In Columbus. Q. State whether you were at Mllr. Chafin's store, in Columbus, Ga.. on t he Thursday a f ter Mr. Ashburn was killed. A. Yes, sir. Q. Look at those g entlemen and st at e wheth er you saw any of them there, and if so, state whom. A. I saw one of t hem. Q. Point him out and name him. A. (Wit n ess pointing to Dr. Kirksey, one of the accused.) Dr. Kirksey. (Wi tness also pointing to Ir. Bedell, one of the accused.) Mr. Biddell. Q. Bedell, as they usually call him? A. Yes, sir, Mr. Bedell. Q. Look along the whole line and see if you see any other one there. A. I see Mr. Clhipley. Q. Any other? A. No, sir. Q. If you heard them say anything about Mr. Bennett, state what they said. A. I was staying at the widow MeClary's boarding-house, and I was going down the street and stopped at MIr. Chafin's store, and 3Ir. Hamp Stewart asked me in and I went in; and Mr. Hamp Stewart asked nme where I staid, and I told hiin at Mrs. Clary's boarding-house, and Dr. Kirksey asked me was that where Mr. Bostock boards; I told him yes, sir, that was where 3Ir. Bostock boarded; and Mr. Bedell asked me if I heard Mr. Bostock say he was going to arrest anybody about Mr. Ashburn again; I told him no, sir, I didn't know whether he was or no. Q. Go on and state what else was said. A. Dr. Kirksey told me to find out whether he was going to arrest any one or no, and I told him yes, sir, I would; then he said 61 Qttestioizs by Court. Questions by Prosecution. MILITARY OUTRAGE IN GEORGIA. find out whether he was going to arrest Q. I didn't ask you that, I asked you any one or no and let hint know, and I if anybody had said anything toyouabout told him yes, sir, I would; and Dr. IKirk- being a witness in this ease? A. No, sit'; sey asked me where waIs Mr. Bennett the nobody has said anything to me about it night Mr. Ashburn was killed; I told him but Mr. Bostock. 3Ir. Bennett said he was behind the mnid- Q. Has anybody threatened you if you dle door, and hle said if he had known that swore in the case? A. Yes, sir. 3Ir. Bennett would have been behind the Q. Who? A. Mr. Moses-young lawdoor, first he said the Ku-kluxes and then yer Moses. he said the Ku-kluxes would have fixed Q. What did Mr. Moses say? A. Damn him like we fixed Mr. Ashburn. Bostock, if hle wants you to go up yonder Q. Did he say anything more?.A. Hlie told as witness, don't you witness to nothing; he me to see if Gen. Mieade was comiing down said if you do, these men will shoot you in Mr. Ashburn's place or no, and said if when you come back, and if they don't do hle do to find out and let him know; first it I will do it myself. he said the Ku-kluxes, and then he said Q. What Mr. Moses is that? A. Young the Ku-kluxes would fix him like we fixed lawyer Moses; I don't know what his name Mr. Ashburn. is. Q. Did anybody try to stop him? A. Q. Do you know who his father is? A. Dr. Kirksey touched him and tried to stop Yes, sir, I know his father. him from talking, when he said that, and Q. State whether his father is a lawyer? he said never mind Abram; he was in the A. Yes, sir, his father is a lawyer. war with me. Q. Do you know whether he and his Q. Who was it touched SIr. Bedell and father are partners in the same law office? said that? A. Dr. Kirksey. A. Yes, sir. Q. Who was it replied, never mind Q. Do you know what his father's given Abram, he has been in the war with me? name is? A1. No, sir. A. Hiamp Stewart. Q. Are there any lawyers in Colum Q. Riepeat IMr. Ilamp Stewart's lan- bus named MIoses, but these two that you gua,,e as near as you can? A. Mr. lHarrmp know? A. None that I know of. Stewart didn't have anything to say, only zn Ci-~Goss-examiiied —Qiestion?s by.Defense. asked me where I staid. Q. That sentence about the war? A. Q. Whose store do you say this converlie said, never mind Abram, he is a good, sation between Kirksey, Bedell, and Haimp boy, he was in the war with me; I took Stewart was at? A. Mr. Chafin's. cale of him. Q. Whereabouts is that store? A. It Q. Who.was it first made the remark is on Broad street. about the Ku-kluxes? A. Dr. Kirksey. Q. What time of the day did this con Q. Who touched one of the crowd to versation occur? A. It was an hour by stop him while they were tilking? A. sun, I think. Dr. Kirksey. Q. Whlat part of the street is that store Q. Whom did he touch? A. Mr. Bedell on? A. It is on the right-hand side going Q. When Dr. Kirksey touched Mr. Be- down. dell what was Mr. Bedell saying? A. He Q. Who stays in that store? A. MIr. was saying, find out whether Gen. Meade Clihafin and Mr. Redd. was,oing down or no, and let him know. Q. Does MIr. Taliafeir stay in that store? Q. Who has said anythin(g to you about A. I do not know, sir, whether Mr. Talcoming here to testify? A. Mrs. WVilliams. iaferr stays there. Q. What did she say? A. Mr. Bostock Q. Mr. Redd stay in that store? A. I called me to go down there one night to don't know, but I have seen him there; I his office, and I went; I was staying at don't know whether he clerks for Mr. Chafi MIrs. Williams' then; I told her, MIr. Bos- or no. tock wanted to find out whether I knew Q. Who were present when this converanything about the IKu-klux or no, and I sation took place? A. There were there told her I didn't know anything about but Dr. Kirksey, Mr. Chipley, Bedell, them at all; and she said if you do, and Chafin, and MIr. Hamp. Stewart; I don't find it out, these men will blow your head know whether they heard me talking to off and shoot you, just so. hlim or no, but they were in the store. 62 ol M3ILITARY OUTRAGE IN GEORGIA. Q. Were these questions asked to-day e ve r read over to y ou before? A. Yes, sir; once. Q. By whdm? who rea d themD to you? A. ih'. Bostock. Q. Mr. Bostock read them to you? A. Yes, sir. Q. Did yo ung Mr. Ashlburn offer you the one hundred and fi fty dollars if you would swear against Barber and Betz? A. No, sir. Q. Didn't you tell Mrs. Williams that young Mr. Ashburn had offered you one hundred and fifty dollars? A. No, sir. Q. Didn't you tell Mrs. Williams that young Mr. Ashburn had offered you one hundred and fifty dollars if you would swear against Barber and Betz? A. No, sir. Q. Was -Ir. Redd there? A. Yes, sir; hle was in the back part of the store writing. Q. Have you ever been sworn in this case before? A. Yes, sir. Q. Did you swear to this statement that Bostock said to you, that they would give you one hundred dollars if you would swear what Barber and George Betz said to Henry Kimbro? A. Yes, sir. 6? Did you take the money? A. No, Q. Wohat reply did you swear you made to Mr. Bostock when he made that offer to you? what did you tell Bostock? A. [Witness hesitates.] Q. Did you tell him this: that George Ashburn, the young man, son of Ashburn, would give you one hundred and fifty dollars if you would swear to having heard what Bariber and George Betz said to Henry Kimbro. A. No, sir. Q. You didn't make that reply to MIr. Bostoek, then? A. No, sir. Q. What did you say to him? A. I disrenmemnber what I said to him then. Q. Did he offer the one hundred and fifty dollars? A. No, sir; h l e told me he would give one hundred. Q. Did you expect to -et it? A. I told him I didn't care anything about any money; I just believed in the right thin<-; I told him that if he was a mind to give it to me he could do it. Q. Ratlher expect he will give it to you, don't you? rather looking that way? A. No. sir. Q. How long have you been here? A. Been up here since Tuesday evening. Q. AX ho sent you here? A. Captain Mills. Q. Who sent you to Captain Mills? A. As I was passing by he called me and told me not to get out of the way; he wanted me to go to Atlanta; that was Monday evenin,g. Q. Who was it told Captain Mills about your testimony? Mir. Bostoek? A. Yes, sir. Q. Or any of the others? A. No, sir; she didn't ask me if I would swear to it. Q. I ask you if you didn't tell Mrs. Marie Anne Williams that young George Ashburn had offered you one hundred and fifty dollars if you would swear against any of these parties? A. He didn't offer it to me; he told me that I would get that much, and I told him I didn't care anything about the money; I believed in the right thing, and he said, That's all right. Q. Did you tell Mrs. Williams that? A. I told her so, but I didn't swear it. Q. Did young George Ashburn say that y ou would get one hundred and fifty dollars if you would swear against any of these parties? A. He didn't ask me if I would swear to it. but stated to me that I would,et it. Q. He told you that you would get one hundred and fifty dollars if you would swear that way? A. Yes, sir. Q. Do you intend to say that the same questions I have asked you here to-day were asked you by Mr. Bostoek in Columbus? A. Yes, sir; I can say they are. Q. Have I not asked you some questions that he didn't ask you? A. No, sir. Q. Have I not asked some questions here that Mr. Bostock didn't ask you. A. Yes, sir. Q. Did Mir. Moses get you to swear anything before him? A. No, sir, he didn't get me to swear anything before him. Q. Didn't he draw up a paper and get you to swear to it before him? A. No, Q. Was Mr. Bostock the Justice of the Peace, the magistrate that had these gentlemnan arrested first? A. Mr. Bostock first told Captain MIills, and had me to go do wn and repea t the sam e word s to Capt. Mlills and to Major Smythe. Q. Wais this Mr. Bostock the man that issued the warrant against these parties at the first arrest? A. Yes, sir; they say he was. 63 sir. I Re-direct Examiiiatioit. MILITARY OUTRAGE IN GEORGIA. said to me was I a Democrat; I said, yes, sir; he said you are posted on the dots; I said no, sir, and he asked me if I had been to the club; I said no, sir; he says why don't you go; because I don't feel like it, says I; why don't you to-night; I says I don't much care about it; says he, when you go up to town to Captain Ramsey, he will post you on the dots; I then put whip to my horse to get shed of him; got tired of the conversation; he said, just then, we Ku-kluxes, what they say they will do, in spite of men and hell; and then he said we hung seventy-five the other day in Tennessee; says I, is it possible; about this time we were near home, and says he, be certain to go up to Captain Ramsey; and I whips up the horse and lets him out; he says again, go up yonder; and I says, yes, sir. Well, that is all. Q. If anything was said about what the KIu-kluxes were going up there for, state it. A. Yes, that I forgot; says he, Mr. Ashburn will be a dead man shorter than any of you have knowledge of; and I said is it possible; that was before some words I said. Q. State all he said in connection with the Ku-kluxes and Mr. Ashburn. A. Well, he said in the latter clause of his conversation, after he said they had hung seventy-five men in Tennessee, hlie said Ashburn will be dead shorter than any of you have any knowledge of; he talked about some trifling thing; being a drunken man, I did not pay any attention to it. Q. What time of the day was this? A. It was in the neighborhood of sunset. Q. What day? A. Monday. Q. How long afterward before you heard iMr. Ashburn had been killed? A. Next imiorning, between daybreak and sun-up. sir, he ju st drawed up a paper of what I told you. Q. Did he read it to you? A. Yes, sir. 1 Q. Can you read? A. No, sir. Q. Do you know whether he read it right when he read it to you? A. No, sir, I don't, whether he did or not. Q. Did you understand that you was swearing to that paper before him? A. No, sir. Q. Did he offer you anything if you would make the statement before him? A. Yes, sir. Q. What did he offer you? A. His father gave me two dollars, a two dollar bill. Q. What did he give it to you for? A. For telling him what he sat down on that paper; Mrs. Williams sent me to him. Q. Did he tell you you was swearing to it at the time? A. No, sir. Questions by Prosecution. BURRILL DAVIS, witness for the prosecution, was next called into court, and having taken the stand, was duly sworn, and interrogated as follows: Q. Wha t is your n ame? A. Burrill Davis. Q. Where do you live? A. I n Columbus, Ga. Q. What is your age? A. About 68 years, sir; not quite. Q. How long have you resided in Colulrcbus? A. About twenty-four years. Q. Where were you on th e thi rtieth of March last, on the day before Mr. Ashburn wa s killed? A. In the city of Columbus, sir. Q. Did you have any talk that day with Irt. James W. Barber? A. No, sir. Q. D id y ou see him that day? A. Yes, sir. Q. D id you drive anybody in a bu ggy that day? A. In a express wagon, I did, sir. Q. Whom? A. Mr. James Barber. Q. Anybody in with him? A. No, sir. 2. Did you hear him talk any. A. Yes, sir. Q. State what he said. A. I was standing in the livery stable down on Broad street, with my wagon wheels just off the pavement; Mr. James Barber came up: had a new pair of shoes in his hand; threw them in, and jumps upon the wagon; about half drunk, I suppose; he Q. I understand you to say that you told Mr. Barber that you were a Democrat? A. Yes, sir; I told him so. Q. Did you tell him the truth? A. No, sir. Q. Did 3Ir. Barber know you very well when he was sober? A. Knowed hiim very well ever since he was a child. Q. Didn't he know perfectly well that you were not a Democrat, but a Republican? A. No, sir; I don't know as he did. Q. Was not your position in politics very well known throughout the town? A. I don't know as it was at that time. 64 i f,'ross- exa??zi)ted. MILITARY OUTRAGE IN GEORGIA. The Judge Advocate then stated that the prosecution was here closed. Counsel for defense asked permission of the Court to retire for a fe w moments for the purpose of consulting their witnesses. Permission was granted, and the Court then took a recess of ten minutes, at the expiration of which time the Court was again called to order. Q. Was Mr. Barber a very active politician? A. No, sir, I think not. Q. Were you not very active in party politics? A. No, sir, but most determined in principle. Q. Was not Mr. Barber very drunk that evening? A. Well, sir, as well as you can judge a drunken man, I supposed him to be about half drunk. Q. When do you consider a man half drunk-what is your idea? A. When a man is half drunk?-when a man is full drunk, he forgets everything he does or says. Q. When a man is half drunk does he not forget half of everything he says and does? A. No, sir, I never said that. MARTIN M. BECK, a witness on behalf of the defense, having been duly sworn, testified as follows: Q. What is your name and age? A. My age is forty-five; Martin M. Beck is my name. Q. What is your occupation? A. Merchandise. Q. Where do you reside? A. In Columbus, Georgia. Q. Are you acquainted with Mr. Duke, who is under arraignment here? A. Yes, sir. Q. This is the gentleman here, is it? A. Yes, sir. (Witness points to one of the accused.) Q. Did he board with you at any time this year? A. Yes, sir; he boarded with me in March and April, up to the 26th or 27th of April; I disremember what day it was. Q. Did he leave your house at any time during March? A. Yes, sir. Q. What time? A. It was the 26th or 27th, I believe. Q. Who left with him? A. Joe Ab. Abner. Q. How did they leave? A. They left in a buggy. Q. Where for? A. To go to Merriwether county, where he lives; that was his home. Q. When did you see him again? A. He came back to my house on the first day of May-the first time I saw him after that. Q. Did you see him from the 26th or 27th of March until the 1st day of May? A. I didn't see him. Q. Did he not settle up his board when he left in March? A. Yes, sir. The Judge Advocate did not desire to cross-examine this witness. The witness' testimony having been read to him in the presence of the Court and of the accused, he asked'perniission, Re-examined- Questions by Prosecution. Q. State whether Mr. Barber was or was not in a condition at that time to know what he was doing? A. To my judgment I think he knowed what he was doing. Q. Did you take him to his house? A. Yes, sir. Q. What time did you say you got to his house? A. In the neighborhood of sunset, sir. Q. Did you haveto help him out of the wagon? A. No, sir. Q. D id a nybody? A. No, sir. The court then adjourned, in consideration of to-morrow being the 4th of July, until Monday, the 6th instant, at 10 o'clock. MCPHERSON BARRACKS, ATLANTA, GA., I 10 o'clock A. M., July 6, 1868. f The Commission met pursuant to adjournment. Present, same members as yesterday, the Judge Advocate, the prisoners on trial, and their counsel. Abraham Johnson, a witness on behalf of the prosecution, whose testimony was taken yesterday, on having it read to him by the Judge Advocate, in the presence of the Court and of the accused, requested permission to make the following correction: " The man spoken of as Henry Kimbro, we call him Gainwell." Permission was granted. R. J. Moses, Esq., of counsel for defense, was introduced and took his seat. The accused requested permission to introduce Wm. W. Garrard, Esq., as additional counsel for defense. Permission having been granted, he was accordingly introduced and took his seat. 5 65 Qutstion,s by Defense. MILITARY OUTRAGE IN GEORGIA. which was granted, to make the following correction, viz: Where, on lines nine and ten of the third page of this day's record, the words March and April occur, he wishes to insert instead "February and March," so that his answer may read: "Yes, sir; he boarded with me in February and March, up to the 26th or 27th of March; I disremember which day it was." a nd t he Judge Advocate an nounced that the Court sustained the objection of the Judge Advocate, and the matter referred to would therefore be stricken from the evidence. Questions by Defense by permission of the Court. eight years old. Q. Is Joe Abner a white man? A. Yes, sir. Q. Where is this Mr. Abner now? A. I suppose in Columbus at this time; he was off in the country when I left; he lives in the suburbs of Columbus, not in the city. Q. Where do you live? A. Muscogee during the latter part of March, this year? Q. Did you have any conversation with Questions by the Court. Q. How do you remember that it was on the 27th March Duke left your house? A. It was by some business that was transacted them days; that is my recollection of Q. You are sure that it was not later than the 27th March, 1868, that Duke left your house? A. Yes, sir. Questions by Defense by permission of the Court. Q. Do you know what day of the week it was when he left there? A. I think it was on Friday; that is my recollectionThursday or Friday. Q. Are you certain that it was the Thursday or Friday before the death of Ashburn? A. I am. Q. Are you certain that he left town men where they were going. when he left your house, and did not re-'Q. What wasthe reply? A. Mr. Duke turn at any time, night or day, until May answered he was going home. 1st. A. Well, sir, I could not say posi- Q. You say 26th or 27th; what day of tively about that, for I don't know what the week was it? A. I thinkon Thursday a man does after he gets out of my sight; or Friday. I never seen him, and I received a note Q. Are you certain it was before the from him that he was in Merriwether a death of Mr. Ashburn? A. I am certain. few days after he got there; and Mr. Abner, Cross-Examinzed by Jutdge Advocate. when he returned, told me he left him there. The Judge Advocate moved to strike Q. Are you acquainted with Mr. M. M. from the record that portion of the last Beck? A. I am, sir. answer which referred to Mr. Abner's+ Q. Have you had any conversation with statement to the witness, said statement not him in regard to the matter about which being evidence. you have been testifying? A. Yes, sir; The counsel for defense objected. we talked it over a few days before we left The Commission was then retired, and town. after due deliberation returned to Court, Q. Have you not talked it over together 66 it. Que.stions by the Court. I MILITARY OUTRAGE IN GEORGIA. that; I think, however, to the best of my knowledge, it was on 26th. Q. Well, then, what makes you talk about 27th? A. Well, sir, I would not be positive that it was on the 26th; I know it was some trades I had in Columbus on the 26th and 27th; I was up right by the place where I saw Mr. Duke both mornings-26th and 27th; I don't recollect for certain which morning it was I met him. Q. Do you remember what day of the week it was? A. No, sir; either Thursday or Friday. Q. Wasn't mentioned with same con versation this morning the words "Thursday or Friday?" A. No, sir; I don't think it was; if it was I don't recollect it. Q. Have you been acquainted with Duke a long while? A. Acquainted with Mr. Duke some three years. Q. Did you have any conversation with him that morning? A. Nothing; only just asked him which way he was going. Q. When did you first remember, after you heard of Ashburn's death, that it was the 26th or 27th of MaIrch that you had seen Duke traveling away from Columbus? A. I remembered it when I heard that Duke was arrested and brought to prison. Q. Did you remember it or was your attention called to it by some one? A. No, sir, my attention was not called to it. Q. How long was it after yo u saw Duke on the road until he was arrested? A. Two or three months; three months, I believe, very nearly. Q. What time in the morning was it when you met him? A. I think about six or seven o'clock in the morning. left town, or something to that effect? A. Not as I recollect of. Q. Were not these words-the 26th or 27th March-mentioned by one of you to the other this very morning? A. These words has been mentioned; I don't recollect whether me or Mr. Beck mentioned them. Q. Mentioned this morning were they not? A. Yes, sir, but I don't think by either one of us. Q. Who were they mentioned by? A. I do not recollect now, sir; there was several talking. Q. Those several persons talking; were they not talking about these dates? A. Yes, sir, I suppose they were: I was sitting by them and never paid no attention how the conversation came up. Q. State who these several persons were. A. I believe they was Mr. Woodward, Mr. Norman, Mr. Duke-the two Mr. Dukes-and another gentleman, I don't recollect his name, sir; (witness pauses) it was Mr. Reese, sir. Q. Where did this conversation take place? A. Right out here, sir, on the piazza of this building. Q. What was said? A. I don't recollect of anything being said, any more than some one mentioned about the date; he came home on the 26th or 27th. Q. Was Mr. Beck present at that conversation? A. I am not certain whether he was or not. Q. Would you have remembered that it was the 26th or 27th March if you had not heard it? A. Yes, sir, I believe I should. Q. Do you know anything else that happened on the 26th March? A. Yes, sir. Q. Is there anything that happened on the 26th March that makes you remember t what time it was when you met this man? A. Yes, sir. Q. What? A. Some private business with some gentlemen in Columbus. Q. It was on account of this private business, then, that you remember it? A. Yes, sir. Q. It was 26th March, was it? A. Yes, sir; 26th or 27th, I am satisfied of Q. Does the Harris county road lead to Merriwethercounty? A. Yes, sir; Harris county lies between. Q. Columbus and Merriwether county? A. Yes, sir. Q. If he had started to Merriwether county he would have taken the road you seen him going out by, would he not? A. Yes, sir; there's no other road leading out to Merriwether county that I know of. EMILY DUKE, a witness for defens e, having been duly sworn, testified as follows: ,Q. What is your Christian name, Mrs. Duke? A. Emily. I 67 Re-examined by Defeitse. Questions by Defense. MILITARY OUTRAGE IN GEORGIA. with me-the Friday before Crawford courts-got there 1st day of May. Q. The time that he went with yol and came back with you? A. Yes, sir. Q. ]ow far do you live in Merriwether county from Columbus? A. Forty miles. Q. Where do you reside? A. Merriwether county. Q. How long have you been living there? A. About last Christmas was a year ago-a little before Christmas. Q. Where did you live before? A. Lived in Jerrard. Q. WhereisJerrard? A. In Alabama; right across the river from Columbus. Q. Is William Duke, the person arraigned, your son? A. Yes, sir. Q. Where did he reside the early part of this year? A. He resided with me, where I live in Merriwether county, most of the time. Q. Was he sometimes in Columbus and sometimes at home? A. Well, he went with me to Columbus and we was gone there about a couple of weeks, a little more, I believe, but he came back with me when I was coming home. Q. Was he in Colulnbus in any part of March of this year? A. Yes, sir, he came home about the 26th of March. Q. Who came with him? A. Mr. Ab Q. When did you first hear of the murder of G. W. Ashburn? A. Heard it on Wednesday, I think, after it was done Monday. Q. How long after that was it before you heard the name of your son mentioned in connection with that murder? A. I don't recollect; I didn't hear it at all, but just a little while before they came after him; a little before that-I don't recollect exactly; not mighty lone though; it was two weeks last Wednesday when he was taken. Q. Was he arrested at your house? A. Yes; he was at the shop at work, but it was close to the house; I saw him when he came. Q. When he was arrested did you remember, as you state it now, where he was the week before Ashburn's murder? A. Yes, sir; I knowed mighty well he was at home. Q. How did you come to remember so well the date of his arrival home? A. Well, I reckon what made me was, I knowed the date Mr. Ashburn was killed, and I knowed that he had come before thatknowed how long he had been home before. Q. Who went away with Mr. Abner next morning? A. Nobody at all. Q. Where did your son sleep the night he arrived home? A. Well, he slept in the same room where he did all the timewhere I do; him and Mr. Abner slept together. Q. Is your room his usual place of sleeping? A. Well, it is all in one room. Q. Is there but one room to your house? A. It is just one large room; we did have a partition in it, but had it taken down. Q. Did any other persons sleep in that room? A. Yes, sir, the balance of the family. Q. Who constituted the balance of the family? A. Well,a couple of daughters, a son and his wife, and son-in-law. A Q. Were all these persons in the habit of sleeping in the same room? A. Yes, ner. Q. How did they travel'? A. In a buggy. Q. Do you recollect the day of the week? A. I think it was Thursday, I won't be positive; some says Thursday and some Fri brth t day, but I think it was Thursday; though it might have been Friday; I won't be sure, but it was one or the o ther. Q. What day did Mr. Abner return with the buggy-how long did he stay there? A. Well, he only stayed all night with us; he went to his brother s nex t d ay, about Greenville; I think h e went home Sunday; that is what we heard anyway. Q. State how long he was there after coming home? A. Well, he was there until the last of April; me and him went back to town, and got there the first day of May. Q. Where did he sleep when he was at home? A. Slept in the same room where I did. Q. Do you know that he was there Monday and Monday night, after he came home? A. Yes, sir, he was there. Q. The time you state that you and he went to Columbus together, when was that? A. When was it? Q. Yes. You stated that he went to Columbus with you, and you stayed two weeks? A. That was the first of May; I went on business to Crawford court and he went 68 4 Cross-examination- Questions by Jud.qe Advocate. I MILITARY OUTRAGE IN GEORGIA. sir; they didn't have anywhere else to sleep; all homefolks; it didn't matter. Q. Was Mr. Abner "homefolks?" A. Well, he was not particular homefolks; he was aiin old acquaintance-a neighbor-an old gentleman. Q. Who slept in the room the Monday of which you have spoken? A. The Monday night of Mr. Ashburn's death? Q. Yes. A. My brother slept in there -slept with William. Q. Well, who else? A. I slept in there, and them that I told you awhile ago. Q. You slept there and your two daughters-your married daughter and her husband? A. Yes, sir. Q. What is your brother's name? A. Arington. Q. What was he doing there that night? A. Well, he had come down the Sunday before to see us; he lives in Carroll county, and he just happened to be there. . Q. When did your brother leave? A. Left on the Thursday after he come, Sunday. Q. How did he travel? A. He was walking. Q. Didn't your son leave home from the time that he arrived before Ashburn's murder until y ou an d he w ent up to Crawford court? A. No, sir. Q. Neither day nor night? A. Not to be gone all night nor all day; he went round there; close about; he had not been ne'er a day nor o'er a night. Q. Do you know Mr. Welsh? A. Yes, Q. No conversation with any one about the time your son arrive d home? A. The witnesses? Q. Yes; the member s o f you r own family that are here now. A. No, sir; not as I recollect. Q. Have you not talked it over by yourselves as to the time he got home from Colu mbus? A. Not to-day. Q. Haven't you before? A. Well, may be I have some time before- I e xpect ma y be I did. Q. Did you remember these dates until t hey were told you by somebody else? A. Yes, sir. Q. Ho w came you to remember so particularly th e two dates? A. Well, I knowed it was the last o f the month, and I al way s k now th e day of the month. Q. Can you, two months afte r a th ing has happen ed, always remember when it occurred-the day it occurred? A. Well, I reckon I recollect it because he come h ome th at day. Q. Whe re w as your son in February, 1868? A. He was at ho me, I reckon. Q. W hat was he doing at home? A. He was working in the shop; a blacksmith shop and a wagon shop. Q. Was he at home ever a y da y and every nigh t in February? A. There is nowhere for them to go at night where we live; it ain't like living in town —nowhere to go out. Q. He was at home every day and every night of February, 1868? A. Yes, sir. Q. Where was he in the early days of March, 1868? A. He was at home. Q. Was he at home in the middle of March? (Witness hesitates.) Judge Advocate. —Answer the question, madam, if you please. Witness. —You have got me bothered so that I don't know. Q. You recollect where he was on the 26th and 27th of March —can't you recollect where he was in the middle of March? A. Yes, he was at home. Q. When he returned with this Mr. Abner, how long had he been absent? A. Not mighty long; I don't recollect how long. Q. Had he been gonefi a;~week? A. Yes, sir; I reckon, he had. Q. Can you say that he had been gone a week, certain? A. Well, I wouldn't be positive; I think so. Q. Can you read? A. No, sir. Q. Mr. Beck? A. Yes, sir. Q. Have any conversation with either of them this morning? A. No, sir. Q. Were you present where they or others were conversing? A. No, sir; I ain't been with them, only coming out here; I was not with Mr. Beck then; Mr. Welsh c ome in the carriage that I did. Q. Haven't you heard some persons this morning talking about the 26th or 27th of M arc h? A. No, sir. Q. Did you hear Mr. Welsh say anything about the 26th or 27th of March? A. No, sir, nothing about it. Q. Nor Mr. Beck? A. I have not spoken to Mr. Beck to-day. Q. Have you not had conversation with some of the witnesses in this case? A. No, sir. Q. This morning or any time? A. Have had nothing to say about it. 69 sir. MILITARY OUTRAGE IN GEORGIA. Q. Have you any almanac at your house? A. No, sir. Q. I think you said you had heard of your sons name in connection with the murder of Ashburn before he was arrested? A. Well, sir, we heard it. Q. Did you hear it from your son, or from whom did you hear it? A. No, sir, d I didn't hear it from my son; this gentle- man that brought him up was there a ped- dling, and he told us about it; he said that was the chap he had heard down there. Q. How long after your son had got home before he brought that chap to the house? A. Whom, Mr. Abner? Q. Yes. A. Oh, that was a week or two, or more, before they come after him. Q. What kind of a buggy was that in which your son came home? A. A onehorse buggy. Q. Describe the horse? A. A dark bay horse, to the best of my recollection. Q. Had the buggy a top? A. No, sir, no top at all. Q. Do you know to whom the buggy belonged? A. Well, I don't know whether it belonged to old man Abner or not. Q. What time did they arrive at your house? A. I reckon the sun was about an hour high, or hardly so much? It was raining when they came. Q. Was it a rainy day? A. It hadn't been raining all day. It rained in the evening a little, not much. Q. What is William Duke's businessoroccupation? A. Well, sir, he is a blacksmith, and works in a work-shop on buggies, etc.; 'most anything-wood work; sometimes in the blacksmith shop and sometimes in the wood shop. Q. Do you know where he was the last week in March of this year? A. Well, sir, I was with him on the 30th day of March, at the shop His shop is a kind of resort for the neighborhood. He was there between sunset and dark. I left him there, with several others. Q. What day of the week was that? A. Monday evening, the 30th, there were some seven or eigh t there. Q Were you a t the sa me place next morning? A. Yes, sir. I went up t her e on Mond ay evening, to have soe e work done. The old man Duke was at wor k on my plows, and he didn't get them quite finished, so I started very early Tuesday morning, and went up after my plows. I was also there Wednesday m orning. Q. Was William there Tuesday morning, when you wen t fo hr your plows? A. Yes, sir. Q. Was he there Wednesday also? A. Yes, sir, he was there on Wednesday. Q. When did you first hear of the murder of Mr. Ashburn? A. Well, sir, as well as I recollect, it was about Thursday or Friday afterwards. I think one of my neighbors, Jimmy Tucker, perhaps, if I am not mistaken, went up to Lagrange, and heard it there-I think about Thursday-I won't say-Wednesday or Thursday. Q. How far is it from your house and Mr. Duke's father's to Columbus? A. It is fully forty miles. We always call it that-that is what we generally call it. It is a very long day's drive, sir. Re-examined — Questions by Defense. Q. What is your age? A. I don't know exactly, about fifty-six, though, I reckon. Q. During the months of February and March did your son pass up and down from Columbus home? A. Well, he did once, I think. Q. What is his trade or occupation? A. Working in the shop. Q. What kind of shop? A. Blacksmith shop and wood shop. Questions by the Defense. JORDAN REESE, a witness in behalf of the defense, having been duly sworn, testified as follows: Q. State your name in full? A. Jordan Reese is my name, sir. Q. What is your age, and where do you reside, and what is your occupation? A. I shall soon be seventy years old, sir; I am a farmer; I reside in Mierriwether County, near Sulphur Springs. 70 A MILITARY OUTRAGE IN GEORGIA. Gross-examined- Questions by the Judye which you first saw William, on his re Advocate. turn from Columbus? Did it make so much impression on your mind as that? Q. When did you first hear the name A. Well, sir, I think it was on the day, of William Duke connected with the mur- the 26th-no, the 27th or 28th, on reder of Ashburn? A. Well, sir, the first I freshing my memory about it-what I reheard of it was at the time they arrested collected was that William was there from, hiim-the day after they had arrested him I would say, the Saturday morning before I think. I did not charge my memory ex- until some seven or eight days after-well, actly to a day, but about Thursday, I may be a week or more after Ashburn was think, they arrested him. I heard of it killed. That is why I recollect that Wilabout Friday evening or Saturday morn- liam was there, because I seen him there ing, I won't be certain which, and I was every day. very much astonished. Q. When were you first inquired of as Q. When was he arrested? A. Well, to the time when William returned from I never charged my memory, sir, in re- Columbus to his home? A. Why, I saw hard to it. I think it was about Thurs- him myself. I was with him two days. day, but I don't know the day of the month. Q. Since his arrest has not some per Q. Was it last Thursday? A. Not son come to you to inquire of you as to last Thursday-last Thursday week, if I the time when William returned from Coam not mistaken. lumbus? A. No, sir, not a soul. Q. Do you remember what day of the Q. Did no one speak to you as to the month he was arrested on? A. No, sir. time when William returned home? A. I go there almost every day, to the shop, When he returned home from Columbus? walking about, and think it was Friday I Q. Has no one since his arrest talked went up to the shop, and some of the to you as to the time when William refamily told me William was arrested and turned from Columbus? A. Several have carried off. talked about the time that Ashburn was Q. Do you know when Mr. Ashburn killed-on Monday. Being at the shop was murdered-the date of the murder? there (there were several of us there, some A. Only from hearsay. I heard it was on seven or eight men, that Monday evenMonday night, the 30th. ing), there was a general talk among the Q. You don't remember when William neighbors about William being arrested. was arrested-the day of the month-al- They were rather suprised at it-everythough it was a week ago last Thursday? body in the whole neighborhood-seven or A. No, sir. I did not charge my mem- eight men- in the shop at the time I was ory with it. there. Q. But, do you remember the day that Q. Who first spoke to you about coming he mended your plow? A. Yes, sir. here as a witness? A. Well, I didn't I carried the plows on Monday, the 30th, know thatI was coming here until they and I went after them on Tuesday. sent for me. Q. How are you able to remember so Q. Since you arrived here, have you not distinctly the day you took the plows there had conversation with some one as to the to be mended? A. How? date of Ashburn's murder? A. No, sir, Q. Yes, how are you able to remember I recollect that very well. so distinctly? A. What makes me certain Q. Well, you say you remember now that that is the day, sir, it was either Fri- the date of Mr. Ashburn's murder? A. day or Saturday that a gentleman brought Well, I did not say positive. The murder William Duke up from Columbus, and I took place, as I understood it, on the 30th think it was Saturday morning that I saw I of March, Monday night. That's what we him, and asked him about matters and heard some three or four days afterward. things in Columbus —what was the news, This man, from our neighborhood, Mr. and so on-that's the reason why I know. Tucker, went up to Lagrange, and brought William had been fbr some time from the news down. That's all I know about it. home, and I saw him Saturday morning, I' Q. Explain, if you please, how it hapthink —either Friday or Saturday. pens that you remember now the date of Q. Well, how did you remember after- Ashburn's murder, and you can not rewards what day of the month it was on member the day of the arrest of your 71 MILITARY OUTRAGE IN GEORGIA. neighbor, as one of the parties connected with that murder, although that arrest took place not more than ten days ago? A. Well, I stated that I thought it was either Thursday-last Thursday was a week, that's what I-(witness hesitates)-I think it was on Thursday. Q. Do you remember the day of the month that your neighbor Duke was arrested on? A. No, sir, I did not charge my memory with it. Q. Did you charge your memory with the date of Ashburn's murder? A. Yes, sir. Q. Wer e you in the habit of going frequently to the shop in which William worked? A. Yes, sir, sometimes twice a day I would go up there, and stay there with the neighbors, and we would talk. Q. Did you go there frequently in the month of February? A. Well, sir, sometimes it is every day, and sometimes three or four days before I go there. I would be off from home. Q. Was William at home in the month of February? A. Yes, sir. Q. Was he at home in the month of March? A Well, he was not at home the first part of March much; he went down to Columbus, and, as I said, he came up the last of March. Q. Do you know when he left home to go to Columbus? A. No, sir, they pass back and forwards frequently, the family does, and I don't charge my memory with such things. Q. Do you know how long he was absent at any one time in March? A. No, sir, I don't recollect. Q. Did you frequently have work done at that shop? A. Yes, sir, had all my work done there sir. Q. Was he at home all the month of February? A. Well, I don't know, sir. It seems to me that he was most of February, because he had chills and fever. I think he was sick most of February if I am not mistaken. Q. Do you know whom William came home with the last time he came, before Ashburn's murder? A. The last time? Q. Yes. A. No, sir, I did'nt see the man who brought him up. I heard a man brought him up, but that was all. you got a subpoena? A. No, sir, I have not had a subpoena yet, sir. Q. And no notice? A. I hada notice, sir. There was a man came for us. A gentlem an w as sent from here who told us we were re quired, so he said; I don't know. He said he was sent from th is body down there to bring us up. Q. Had you spoken very publicly and freely about your knowledge of where William was, and expressed your surprise at his arrest? Had you spoken thus fre e l y and publicly everywhe re? A. Well, the ne ighbo rs talked ab out it in the neighborhood, after he was arrested. We were all very much surprised at his arrest. Q. Have you been to Lagrange? A. I had to go up to Lagrange to get on the cars. Q. Were you there last week, or the week before? A. Yes, sir, last week I was up there-Tuesday. Q. Did you speak up there to anybody, or publicly, as to your knowledge of this transaction? A. Well, sir, Mr. Abrams and Dr. Wymbush was there —the way they come to ask me about it, both of these gentlemen knew that I lived in sight of him, and asked me something about it. Q. That's the explanation of the first notification you got of it, is it? A. Yes, sir. J. T. WOODWARD, a witness for the defense, having been duly sworn, testified as follows: Q. Give your name in full, M r. Woodward. A. J. T. Woodward. Q. What is your age? A. Twentythree years old —twenty-four my next birthday. Q. What is your occupation? A. Farmer, sir. Q. Where do you live? A. Merriwether County. Q. Do you know Will iam Duke who is now on arraignment here? A. Yes, sir. Q. Which is he? A. There is Mr. Duke, (witness points to Duke, one of the accused.) Q. How far do you live from his father's house? A. About a mile and a half, sir. Q. Did you see William Duke at any time during the latter part of March, this year? A. Yes, sir. I saw him on the 27th, Re-examined- Questions by Defense. 72 Questio?zs by the Defen-se. Q. Did you have any notice at all of your testimony beina needed here until tn MILITARY OUTRAGE IN GEORGIA. I think IUnheard of it the day he was arrested. Q. What day of the month was that? A. Well, sir, I can not tell you. Q. I wish yeu would try to tell me. A. I can't tell that, sir; I. (Witness hesitates). Q. It interested you, did it not, to know that your neighbor was charged with so serious a crime? A. It did, sir. Q. Very much? A. Yes, sir. Q. But you can't remember the day of the month? A. No, sir, I was out on other business; I was not at home myself; my father told me about it; he had been down to my place. Q. You think it was Thursday? A. Yes, sir, I think it was Thursday. Q. You do remember though, very distinctly, the days that you saw him in the shop, some three months before that? A. Yes, sir, I do. Q. You say you were with him all the month of April? A. The most of April I was-I will not say all April; I had my work done at the shop, and was there every day mighty near; his father keeps a blacksmnith and wood shop too. Q. When you heard of his arrest, did you then remember these dates, as you have given them on your examination in chief? A. Yes, sir. Q. You remember then that it was Friday, the 27th, that you first saw him? A. Yes, sir; I commenced thinking about the death of Ashburn, and I knew Mr. Duke was at home when I heard that he was arrested. Q. Did you know the date of Ashburn's death when you first heard of his arrest? A. Yes, sir. Q. Had you charged your mind with that when you heard of it? A. Yes, sir. Q. The date of his death? A. Yes, 28th, 30th, and 31st, and 1st of April. All through April I was with him. Q. Where was he on the 27th of March? A. He was at his father's house, sir. Q. What hour of the day did you see him there? A. I saw him directly after twelve o'clock, soon in the evening. Q. Where was he on the 28th? A. He was at the shop at his father's. Q. What days of the week-do you know? A. Friday and Saturday. Q. Where did you see him Monday, the 30th? A. Saw him at his father's. Q. What time of the day did you see him there? A. I saw him in the evening about dusk. Q. Where was he then? A. He was at his father's, at the house. Q. You said you saw him the 31st; when did you see him then, and at what time of the day? A. I saw him very early in the morning at his father's. Q. How far does Mr. Duke's father, where you saw him, live from Columbus? A. Forty miles, sir, it is called. Q. When did you first hear of the murder of Ashburn? A. The second day of April; I was at the shop when I heard it. Q. Do you recollect the day of the week that was? A. It was Monday, sir. A. Do you know how the news got there-how did you hear it? A. Well, sir, .there was an old gentleman come up from below there, two or three miles, he told me about it; and then there was a young man in the settlement, was in Lagrange on Tuesday; we met there that evening, and he told me about it. Cross-eamined- Questionts by th e Judge Advocate. Q. When did you first hear that William was charged with taking part in the murder of Ashburn? A. William Duke? Q. Yes. A. Well, sir, I never heard of it till he was arrested. Q. When was he arrested? A. Well, sir, I don't recollect; I was not at home at the time. Q. Can't you recollect now the day that he was arrested? A. No, sir, I can't, because I was not in the settlement at all. Q. Can't you recollect the day that you heard he was arrested? A. I think he was arrested on Thursday; I won't be certain of it; Thursday or Friday-Thursday, I think. Q. When did you first hear of it? A. Q. Why did you charge your mind with that date? A. Because I knew that Mr. Duke was at home at that time after I heard that he was arrested. Q. Did you, at the time you heard of Ashburn's death, charge your mind with the date of his death? A. Yes, sir. Q. Why did you do that? A. Well, because I just happened t o know that it was that date; I was reading of it in the papers. .Q. Recollect that, but you can't now remember the date when you heard of the 6 73 sir. MILITARY OUTRAGE IN GEORGIA. Q. Do you know where he was in ithe month of February? A. No, sir, I don't. I had not made arrangements with him to do any work at all, at that time.'Long towards the first of March I made arrangements with him to do my work. I had my work done in another place-didn't go to the shop so often. Q. Where was he in the month of March before the days you have mentioned? A. I think he came from Columbus on the 26th. Q. Where was he before that? A. I think he was in Columbus. Q. Was he at home no part of March, except those days? A. I don't recollect, sir, whether he was or not. Q. What kind of day was it on which Duke came home? do you remember? was it cold, wet or dry, or what? A. I don't recollect, I was at the shop on Friday, I think-I am pretty certain it was Friday, and I saw him; I had not seen him before in some time, I think; I don't recollect anything about the day or what day it was. Q. When was it you made arrangements with him to do your work for you? A. I didn't make arrangem ents with himt, I made arrangements with his father about the first of March. Q. From what fact was it that the date, the 30th of March, was impressed upon your memory more than any date? A. I don't understand the question exactly. arrest of your neighbor on a charge murder? A. I don't recollect the date, sir- the time he was arrested. Q. Had anything occeurred since Ashburn's death and before Duke's arrest t o cause you to reflect on the days you had seen William Duke at the shop, and if so, what was it? A. Nothinr, sir. Q. Has your attention been called to these dates by conv ersation with other persons? A. W e have been talking about them, sir. Q. Have you not been talking about them to-day? A. No, sir, I have not been talking about them to-day. Q. Yesterday? A. I don't recollect talkin g abo u t the m yesterday, sir. Q. The day before? A. It may have been, I don't know for certain-I would not say for certain. Q. Whom did yo u t al k abou t them with? A. Well, I had talked about them before I c ame to Atlanta with my brother and bro ther-in-law, my father -no, not my father-and Mr. Florence. These w ere the first I had talked to ab out it. Q. Had you talked with any of the witnessdes here? A. Yes, sir, I think I have. I have talked to one of them about it. Q. What witness h ere hav e you tal ked with? A. Talked with young Mr. Duke -Wayne Duke is his name-about it. Q. Who else? A. Well, sir, I talked with his brother, John Duke I think is his name.'-Dug" Duke I thing they call him. Q. When did you talk with them? A. I talked with them the day we came up here, sir-last Friday I believe-Friday evening. Q. Do you remember the day William Duke went to Columbus, the last time he left home to go to Columbus, before the murder of Ashburn,? A. No, sir, I do not. Q. Do you remember the day he left home to go to Columbus with his mother, after the death of Ashburn? A. No, sir, I do not, I think, though, it was some time in April-'ion- towards the last of April, I won't be certain of' it. Q. C:an't you remember any other days since Christmas, except those you have named, that you can swear that you saw Duke at the shop, at work —particular days. A. "Particular days," sir? I don't know as I can, but I am pretty certain he wals there directly after Christmas. Re-examined-Questions by Defense. Q. Did the news of the death of Mr. Ashburn produce a great sensation in your neighborhood or not? A. Yes, sir, it did. Q. Was it a sensation as was calculated to make a deep impression upon all who heard of it? A. Yes, the people seemed to be very much surprised to hear of it. I was in Mr. Duke's there when I heard of it. Q. You say it was published in the papers. A. Yes, sir, I saw it in th e papers after these gentlemen told me? Q Was it or not from these faets you have just stated, of your being there at the time, that the date was more impressed upon your mind than other dates? A. Yes, sir. 74 i ( ross- examination- Questions by Judge Ad vocate. .Q. Did you not -o with William Duke b to Montgomery, Alabama, a day or two MILITARY OUTRAGE IN GEORGIA. "It was Wednesday, the first day of April, that I first heard of the murder of Ashburn. I talked about that before I came to Atlanta with my brother-in-law, and so forth, not my brother, as recorded in my testimony of yesterday. With regard to William Duke, I was with him part of April, not all the time." The counsel for the accused then submitted a paper, of which the following is a copy: "The counsel for the prisoners ask that the court order a copy of the testimony of record be made for the use of the defense; the counsel for the prisoners ask that subpoenas be issued for Mr. W. H. Reed, now in Washington City, and for H. C. Whitley, now in Atlanta, and that the witness Whitley be ordered by the court not to leave Atlanta without the permission of court." The Commission decided to leave the matter in the hands of the Judge Advocate. The Jud,e Advocate stated that he would furnish a true copy of the testimony of record to the defense. Also that he would subpoena Mr. Whitley, and, when so subpcened, Mr. Whitley could not leave Atlanta without permission of the court; and that with regard to the other party, Mr. W. H. Reed, who is said to be in Washington City, he would also have him subpoenaed, as desired, that the defense in this case may have the utmost latitude for the obtaining of testimony necessary to their case. The defense stated that with the permission of the court they would for the present,uspend the taking of testimony in the case of the accused, William Duke, although several other witnesses' in his behalf were waiting. This was desirable, they said, for the accommodation of some ladies who were present as witnesses in behalf of another of the accused, one of which ladies was ill and anxious to return to her home. The court granted the desired permission. before or a day or two after the murder of Ashburn? A. No, sir, I never was in Montgomery in my life. Q. Didn't you go in that direction? A. No, sir, I was never in Columbus but once in my life and that was when I was very small; my father carried me there. The Court then adjourned until to-morrow morning at 10 o'clock. The Commi ssi o n met pursuant t o adjournment. Present-The same members as yesterday, the Judge Advocate and assistants, the prisoners on tr ial, and their counsel. The record of yesterday's proceedings was read and alppro ved. Emily D uk e, a w itness for the defense, examined before the Commission yesterday, on hearing her testimony read by the Jud ge Advo cate in open cour t, a sk ed permission of the c ourt t o correct some points in her testimony. Permission having been granted, the witness made the following statement: " I mad e a mi stak e in the description of my house-there is one bed-room, a large one-but ther e is a dining-room, and a cook-room besides. My son and his wifb did not st ay t here all night-they live close by us. My son William was not at home all the time through February and March -but I don't know exactly how long he wa s there. I know he passed up and down the road a tim e or t wo, but what time I don't know. I think it was last Wednesday was a week he was taken. I think it was the 24th. My son-in-law did not sleep in the house, he has a little house just adjoining mine." The witness, Jordan Reese, also examined before the Commission yesterday, on hearing his testimony read in open Court by the Judge Advocate, asked and obtained permission of the Court to make the following correction: " When I come to think about it, I think that William Duke was arrested on Wednesday instead of Thursday." The witness, J. T. Woodward, also examined yesterday before this Commission, on hearing his testimony read by the Judge Advocate, asked and obtained permission of the Court to make the following correction: MRS. EDWARD SHEPPARD, a witness on behalf of the defense, being duly sworn, testified as follows. Q. What is your name? A. Mrs. Edward Sheppard. Q. Where do you live? A. In Winton, near Columbus. . Q. Do you know Dr. Kirksey? A. Yes, sir. s r t 75 MCP HERSON BARRACKS, ATLANTA, GA., July 7, 1868. I Question,s by Defense. MILITARY OUTRAGE IN GEORGIA. Q. Can you point him out in the court? A. Yes, sir. Q. Do so. (Witness points out Dr. Kirksey, the accused). Q. Are you related to Dr. Kirksey? A. Yes, sir. Q. What relationship? A. My son-inlaw, sir. Q. Where does Dr. Kirksey live? A. Lives in Winton. Q. With whom? A. With me. Q. Please describe the house-the internal arrangement and situation of the house as to the rooms. A. The house is one story high; the front part of the house is a long hall, running through, with three rooms on each side, each door opening into the hall; there are two large outside doors that are fastened; one of the inside doors is a large folding door. Q. Is the room that Dr. Kirksey sleeps in on either side of the passage, and which side? A. It is one of the front rooms on the right-hand side. Q. Where is your sleeping-room situated? A. My sleeping-room is two rooms below, on the left-hand side. Q. Whose sleeping-rooms are opposite to Dr. Kirksey's? A. My son's. Q. What is his name-which of them? A. Andrew Sheppard. Q. Whose sleeping-room is next to Dr. Kirksey's? A. My daughter. Mrs. Moore, and Miss Woodville Sheppard and Miss Winne. Q. Do you recollect upon what day of the month Mr. Ashburn was killed? A. No, sir, I don't. .Q. Do you recollect the month? A. No, sir. Q. Do you recollect the day of th e week? A. No, sir. Q. When did you first hear of the killing of Mr. Ashburn? A. Next morning. Q. Do you know where Dr. Kirksey was the night befbre? A. The night before he was killed? Q. No, the night before you heard of it. A. No. Q. You say you heard the next morning that Ashburnl was killed? A. The Doctor was at home. Q. The night that he was killed? A. The Doctor was at home. Q. What time did he come home that night? A. Came home to tea, after dark -some time after dark. Q. Did he go out after dark? A. No, sir. sir. Q. Can you recollect how late at night it was? A. No, sir, I can not tell how late it was, but we were up unusually late that night anyway; we had some three or four sick ones in the house. Q. Did you remain long in the room? A. Yes, sir, remained some time in the room. Q. When you left the room did you go to bed? A. No, sir. Q. Why? A. I had a little boy with a toothache that I had to attend to. Q. Were you kept up much of the night? A. Yes, I was up and down nearly all night, trying everything that I could to ease his tooth. Q. Did you send this child-this little boy of yours-anywhere for medicine that night for his tooth? A. Yes, sir, I sent him to the Doctor's room for morphi ne. Q. Did you get it? A. Yes, si, he got it. Q. What Doctor do you refer to? A. D r. Kirksey. Q. This the same gentleman who is now a prisoner? A. Yes, sir. Q. Mrs. Sheppard, from the manner in which those rooms are situated to each other, could Dr. Kirksey have left the house that night without your knowledge? A. No, sir. Q. Are you very clear upon that point? A. Yes, sir, because I am very easily awaked, aid the least noise wakes me, and he could not have got out without raising the win 76 i MILITARY OUTRAGE IN GEORGIA. dows or opening the doors, and I should certainly have heard it, because I was up anyway. Q. Have you severe dogs? A. Yes, sir, two. Q. Could Dr. Kirksey pass those dogs without their barking at him severely? If so, why? A. No, sir, because he is always teasing of them and whipping at them with his whip, and he is always teasing them and they always bark at him. Q. Could Mr. Sheppard himself pass those dogs at night without their barking at him? A. I don't know, he hardly ever goes out of the house of a night-very seldom. Q. How are the doors of the house fastened? A. The inside doors are fastened by locks, the outside doors are fastened with bars-iron pieces to hold the bars. Q. Is the house barred at night? A. Yes, sir, always. Q. Have you a daughter by the name of Mrs. Moore? A. Yes, sir. Q. Is Mrs. Moore a very nervous woman or not? A. Yes, sir, she is very nervous indeed. She has been sick a great while and she is very nervous. Q. Is she not very timid about anything occurring at night and always very watchful? A. Yes, sir. Q. How far is your house from Columbus? A. A mile and a quarter. Q. Do you remember where Dr. Kirksey was on Monday night, a week before Ashburn was killed? A. I think he must have been at home, but I do not remember particularly. He has not for a month or so hardly ever been out at night. Q. Why is it that you remember with so much particularity about his being home that night-the night that Ashburn was killed? A. Well, after they commenced arresting some of our men, everybody got to thinking about it, and thinking what had happened that night, and it made us call to mind everything of the kind, and thinking of our own. Of course we were trying to think where they were. It made us particular about that night. I had a feeling recollection of it otherways, being up all night and sick ones in the house. Q. Who was the first person you heard had been arrested? A. Mr. Bedell, I believe, was the first I heard. Q. How long was that after you heard of Ashburn's murder? A. I think it was the same evening. A young lady came up from Columbus, and told me they were arresting them. Q. You say you commenced immediately locating your own family, after you heard of the arrest of Bedell; no w state whe ther you are certain or not of where Dr. Kirksey was that night? A. Yes, sir, he was at home and in bed that night. Q. How long since Dr. Kirksey married your daught er? A. He was m arried in October after the surrender. Q. How m any children has his wife? A. On e, sir. Q. What is it s age? A. Two years th e 17th of this month. Q. What was the matter with the child that night? A. She was threatened wit h croup, I think. Q. How did you learn that t here was anythin g the matter with the child? A. My daughter's calling me. She always calls me whenever the baby is the least sick. Q. About how far is it from the door of her room to the door of your room? A. My room is one room below hers. Q. Did you not say it was across the hall on the opposite side? A. Yes, sir. Q. About how many feet would you say? A. Well, I have no idea how many feet it is. It may be ten feet-I have no idea. Q. Will you please point out some object in this room about the distance that it is from the door of her room to yours? A. Yes, sir, about as far as from here to that window. (Witness points to window behind the President, about ten or twelve feet from herself.) Q. How large are those rooms? A. I really don't know how large they are; they are common-sized rooms. Q. What sized carpet does it take to cover the floor? A. I don't know, sir; I never measured it. Q. Did Mrs. Kirksey come to your room when she informed you the child was sick? A. No, sir, she called me there. Q. Where was she when she called you? A. At her room door. Q. Was the door open? A. Well, I suppose if she was in the door it would be open. Q. Well, ma'am, do you state on your oath that it was? A. I don't recollect about that, sir; I went into the room; she may 77 Cross-examination- Questions by the Judge Advocate.. MILITARY OUTRAGE IN GEORGIA. Q. Do you intend to be understood that you fastened down the windows in all the rooms of the house before you went to bed that night? A. Yes. sir; if I don't do it myself my little daughter does; that's the last thing done at night-going around to fasten down the windows and doors. Q. Did you or your little daughter fasten them down in Mrs. Kirksey's room that night? A. No, sir, the Doctor always does that himself when he is at home, for his wife will make him do it always before she goes to sleep. Q. Then you did not intend to say that you or your little daughter fastened down the windows in all the rooms? A. She goes round to see all the rooms, and so do I; it is the last thing at night that we go around to see that everything is fastened. Q. Do you go round on the outside or inside of the house? A. Inside; they can all be fastened on the inside, sir; all have hooks. Q. Do you intend to include Mrs. Kirksey's room in that statement? A. Of course; her room is always fastened. Q. You say you or your little daughter do this each night; which one of you did it that night? A. I don't recollect. Q. Would you swear, madam, that either of you did it that night? A. No, sir. Q. Is Mrs. Moore your daughter? A. Yes, sir. Q. Where is her room located? A. Next to Dr. Kirksey's room. Q. Do you undertake to state that no' one of the windows in either of the rooms was opened that night? A. No, sir, I think if they had been I should have known it. Q. How would you have known it? A. By the noise they would make, of c ou rse. Q. Would that have made more noise than the opening of Mrs. Kirksey's room door when she called you? A. Yes, sir; the windows make a great deal more noise when they are opened; the doors don't make much noise, but the windows make a great deal. Q. How are the windows hung? A. They are hung with weights, sir. Q. Weights and cord? A. Yes, sir. Q. Is it not very easy then to elevate the lower sash? A. I never noticed particularly about that; I never noticed any difference of a lower sash any more than in the other. 'Q. Did you sleep any that nigh~? A. hvu e shut the door when she got back, er she called me; I did not go right ay. Q. Was your door open at the time she led you? A. Yes, sir, my door is alys left open at night when any of my ldren are sick; I always leave my door en, so that if any of them are sick I can ar them when they call. Q. Did you hear her shut it? A. No, Q. Could she have opened it without your hearing it? A. I don't know whether she could or not; I was not paying attention; I might not have heard. Q. Have you not stated, madam, that Dr. Kirksey c ould not have go ne ou t of the window that night withou t you r hearing it? A. Yes, sir, the doors as I saidthe windows a re hooked down and the blinds dra wn; h e c ould not h ave g one ou t without somebody hearin g him, because his wife is very easily fr ightened, and she always has t he windows fastened down and hooked in; sh e n eve r goes to sleep without having it done. Q. Does she sleep with her door open or closed? A. S ometimes open and sometimes shut-the inside door of the room. Q. How was it that night? A. I don't recollect, sir. Q. Is there an outside door to her room? A. No, sir. Q. Do you know that the windows in Dr. Kirksey's room were fastened down that night? A. No, sir, I don't know that night, but they are every night, and I should not see why they should not be th a t night if they are every night; I did not noti ce p articularly that nicht. Q. Is that her habit in summer as well as in winter? A. Yes, sir; the windows pull dow n double from above, and then th e green blinds are hooked in; the blinds turn. Q. You don't undertake to swear that they were fastened that night of your own knowledge? A. No, sir, no more than any other night. Q. Did you notice every door that was open that night? A. No, sir. Q. Can you say whether the windows were shoved up or down in any of the rooms of the house that night? A. Don't know, sir; the rooms are all fixed that way at night, because the last thing I do in my children's room-my youngest children-is to do that, on account of robbers and such. 78 i sir. MILITARY OUTRAGE IN GEORGIA. Q. Will you pretend to state how long you had slept before you were called by your daughter, after you lay down? A. No, sir. Q. May it not have been as late as two o'clock when you went into the room? A. No, sir, I know it was not that late. Q. May it not have been half after one? A. I don't recollect; I can not tell. Q. Then you will not be positive that it was before half after one? A. I ain't positive to the time; I know it was late in the night; it is all that I know about it, as I told you before. Q. Is Dr. Kirksey a practicing physician? A. Yes, sir. Q. Does he ever attend his patients at night? A. Yes, sir. Q. Is he not county or city physician? A. He was. Q. Was he at that time? A. I don't recollect whether he was at that time or not. Q. Does he not have frequent calls at night from patients? A. He has not lately, but he had a great many last year; but not so many this year, because we have not had so much sickness. Q. Are not calls frequent this year at night? A. No, sir, they have not been; I don't know of a single night call the Doctor has had. Q. This year, do you me an? A. This year; y es, sir. Q. Has his practice greatly fallen off this year? A. I don't know; it has been unusually healthy this year. Q. How long have you had the two severe dogs you testified about? A. Well, I don't know; one of them we have had a year or two; we raised them; one is quite young-about a year old, the other about -nearly two years old, as far as I can recollect. Q. You say they are very severe? A. One of them is a very severe dog, sir. Q. What sort of dog? A. Common cur dogs, I guess-large. Q. Are the people in the neighborhood afraid of them? A. Yes, sir; they never come in the yard without a guard, or go out without one.' Q. Were they not in the way of the Doctor's practice? A. Well, they gen-erally halloo when they get to the gate, when they come at night, without coming in; the dogs are always in the inside lots; then people always halloo; then we send some one out to them. Yes, sir, I expect I did; I don't recollect how much though; of course I had to lie down and get up; I don't recollect how much I slept. Q. Do you recollect how often you were down and up? A. No, sir, I don't. Q. Were you not very much fatigued, waiting upon the child? A. Yes, sir, my health is bad anyway. Q. When you lay down fatigued, having been interrupted in your rest, may you not have slept a little more soundly than usual? A. No, sir, I don't in general sleep very sound. Q. When you have lost sleep, are you not apt to sleep more soundly when you lie down? A. Not the same night; I always sleep the next day when I am excited that way-I hardly ever sleep when the children are sick. Q. Will you swea r, ma'am, that the sash could not have been elevated in any one of the rooms of the house that night, when you were asleep, without your having hear d it. A. No,'sir. Q. Will you swear th a t it was not elevate d in Dr. Kirksey's room? A. No, sir. Q. Y ou st ated that Dr. Kirksey was in bed w h en you went into his room? A. Yes, sir. Q. Why was he not up tending to his sick child? A. The child was right by h im on th e bed; he had been up. Q. I under stand you, that you cou ld not sta te the time of the night-how late do y ou b elieve it was? A. It must have been, as well as I recollect, about twelve o'clock at night. Q. Well, now, madam, what induced you to locate it about twelve o'clock? A. Because we were up unusually late that night, and I supp o s e it to be about that time, sir; we had four sick ones in the house, sir, and I thought so from the chickens cro wing shortly after. Q. What t ime do your chickens crow at night? A. Gen erally crow about midnight and daylight -same as all o the r chickens. Q. Is it a labit with all o ther chickens to crow at midnight? A. I was always taught so from my Childhood up, sir. Q. What is your usual hour of retiring at night? A. About ten o'clock, sir. Q. What time did you retire that night? A. I don't recollect in particular; I told you tit was unusually late that night; of course it was later than ten, as I repeatedly told you. 79 MILITARY OUTRAGE IN GEORGIA. that night when you were asleep? A. I told you I didn't sleep very much th a t night. Q. Did you no t tell me you slept some that night? A. I say I may have-not sleeping soundly- I may have slept some. Q. Do you always get up to see what t h e do gs bark at when they do so? A. If I don't get up myself I call some one to see. Q. Is that rule without exception? A. When I hear them barking, and like there was any one about, I most always have some one to see what the dogs are barking at, if I don't get up myself; I think that is sufficient about the dogs. Q. Will you swear they did not bark at Dr. Kirksey that night? A. No, sir. Q. Are you certain about the time the first arrests were made after Ashburn was killed? A. I think it was the evening he was killed that some arrests were made —Mr. Bedell and several others; I don't recollect who now; I recollect Mr. Bedell's name. Q. May it not have been the second day after he was killed? A. I am not certain. Q. On hearing of Bedell's arrest, why was it you began to think where Dr. Kirksey was that night? Did you suspect him of being implicated? A. No, sir, I had not the most distant idea of such a thing. Q. Then what caused you to reflect about where he was the night of the murder? A. Because they were arresting any one and every one. Q. What do you mean by any one and every one? A. Well-just arresting persons-I don't know. Q. Do you know how many were arrested? A. No, sir, I do not. Q. Do you know of anybody but Bedell? A. I know there were others, but I don't recollect their names. Q. Did you hear how many? A. No, I didn't hear how many; I just heard that they were arresting some young men. Q. Were not the persons arrested in the city? A. Yes, sir. Q. Were they or not the companions of Dr. Kirksey? A. I don't know, sir. Q. How far is your house from the city? A. I told you before —a mile and a quarter. Q. What reason had you to suspect that persons living out a mile and a quarter would be arrested on account of Ashburn's death? A. I never thought anything about it. 'Q. When was the matter first talked of Q. Is the inside lots, as you call it, back of the house from the street or road? A. There's three inside lots to the house; the house is a very large house and there's three inside lots to it-two front yards, and then there is a back yard, where they keep the dogs; and then at night these gates are all open for the dogs to pass round the house. Q. Does not the window of Dr. Kirksey's room open into the front yard? A. Into one of them, it does; one of the front yards. Q. Do you pretend to say, if the dogs are in the back yard he could not have got out of the window and left the premises without their barking at him. A. He could not have got out without the dogs knowing of it; there could not be a window raised that the dogs did not bark at it, whenever there was a window raised; they always hear the least noise. I notice whenever I raise a window they always generally bark; I suppose when the others do it is the same thing; we keep the dogs right round us, and they are fed from the table, right at the doors, and of course they know everything that is going on. Q. Do you intend to state that there never is a window raised at night there without their barking at it? A. No, sir, I don't pretend to say that; but whenever I raise one they bark, and I suppose it is the same with everybody else. Q. Might not Dr. Kirksey have raised the window and gone out that night without their barking at him? A. I don't think Dr. Kirksey could have got out without the dogs knowing of it; I don't think he could have got the windows up. Q. Was it not possible that he might? A. I don't think so. Q. Might not the dogs have barked at him if he went out and you not have paid any attention to it? A. I can't say. Q. As they bark so frequently, do you pay special attention every time they do bark? A. At night I do, sir, because I am always thinking of some one breaking into the house; I had got up time and again to see what the dogs were barking at. Q. D~o you pretend to say that they never barked at night without your hearing them? A. They may bark sometimes that I don't hear them; when I am asleep, may be. Q. Might not that have been true on 80 MILITARY OUTRA{E IN GE6iRdiA. in your family as to where the Doctor was on the night of the killing of Ashburn? A. After they commenced arresting. Q. Who first mentioned it? A. I don't recollect. Q. Did Dr. Kirksey say anything about it? A. Not that I recollect of. Q. Was he present when it was talked about? A. No, sir, he was not there. Q. When did he first talk with you and his family on that subject? A. I don't recollect, sir, anything about it. Q. Was it ever spoken of in the family? A. About his being arrested? Q. No, no; about where he was that night? A. Only what I said myself when some one was talking about where he was that night; I said for myself I could swear for the Doctor, for he was at home and in bed. Q. Who were you then conversing with? A. With my children. Q. When was that? A. I don't recollect what time it was. Q. What caused you to think of the necessity of swearing for the Doctor? A. Because they were arresting persons. Q. Did you expect everybody in or about Columbus to be arrested? A. Yes, sir, from what I saw, I expected itwomen, children and all. Q. Do you know, madam, that any women and children were arrested? A. No, sir; I have heard of such things though. Q. Did you hear of it in this case? A. I think I heard of one woman being arrested. Q. Who was she? A. I don't know, sir; I just heard there was one white woman arrested and sent off. Q. Did you not hear that she was a woman who was present that night when Ashburn was killed? A. No, sir, I didn't know it at the time; I just heard that she was arrested and sent off. Q. Did you think anything about proving where you was that night? A. No, sir, I never thought about it. Q. Did you expect to be arrested? A. I don't know. I laughed about it many a time. Q. Did you consider it a light matter? A. I thought it would be, to arrest women and children. Q. Was it before or after the arrest of this woman that the conversation occurred in your family, about where the Doctor was that night? A. I don't recollect. 7 Q. Well, give us your best opinion, madam, on that subject. We are entitled to that, I believe. A. That is all I recollect-laughing at the idea of arresting women. That is all I know about it. Q. I regret to press the question, but I must do so-I want your opinion as to whether this conversation took place before or after the arrest of this lady. A. I don't recollect anything more than just w hat I to ld you. It was just merely a passing thought. I didn't pay no attention at all to it. Q. Well, but we want your opinion a s to whether it was before or after the arrest of the woman. A. I don't kno w, nor don't recollect nothi ng at all about it. Q. You will not give an opinion th en as to whether it was before or after the arrest of the w oman? A. I d on't recollect anything more about it. Q. How long after Ashburn's d eath w as the first conversation you had with anybody about where Dr. Kirksey was that night? A. I do not recollect, sir. Q. Was it within a week or after? A. I do not know. Q. Was it a month after? A. I can not tell you anything more tha n what I have told you. I never r emember days, dates, nor months. Whenever I wa nt to know anything of th at kind, I always ask somebody about the house. Q. Then, how can you recollect that the Doctor's child was sick, and that you entered his room on the same night on which Ashburn was killed? A. Because, I was up that night, having s o many sick ones in the house, and being so anxious, we all sat up. We had four sick ones in the house. I had a little boy with a toothache, which kept me up. My daughter, Mrs. Moore, was very sick, and my niece was very sick, and the baby was very sick. Of course, we all felt sick-the night might have been remembered. Q. What is there to connect that night of affliction in your family with the death of Ashburn? A. Just what I have told you. Q. How do you know that that night is the same on which Ashbulrn was killed? A. Because I do know it is the same night. I was sitting nest morning at breakfast, when the servant came in and told mle he was killed. I recollect it all just as well; I do know it was the night. Q. Did you say anything about the sick -81 MILITARY OUTRAGE IN GEORGIA. ness in the family the night before, when the servant told you he was killed? A. No, I didn't say anything at all. The girl was just passing the door, and put her head in, and asked me if I had heard it. Q. Can you mention any other night when your family was sick? A. Yes, they are very often sick of nights, some one of them. I have a very large family, twelve or fifteen, and there is hardly a week passes that some of them are not sick in some way. Q. Then, may you not be mistaken, and may it not have been some other member of the family that interrupted your rest on the night Ashburn was killed? A. No, sir, I am not mistaken. Q. Will you name the next night when any of your family was sick? A. No, sir, they have been sick very often since. I could not name any night in particular. Q. Will you name any night since that when your family was sick? A. No, sir, I never paid any particular attention to it; they are sick so often. Q. Can you connect the sickness of your family on any other night, with any other incident that occurred in the city of Columbus? A. No, sir. Q. Then how can yon connect the sickness that night with this particular incident? A. Well, I have already related that to you. Q. Did you ever think of this until Dr. Kirksey was arrested? A. Well-what I told you about-what I said when they were arresting these persons; of course I told you that. Q. When was he arrested? A. I don't recollect the day; I know he was arrested twice; he was arrested and put in the courthouse; he was put out, and then he was arrested again and brought here; I do not recollect the time. Q. How long after Ashburn's death before he was arrested and put in the courthouse? A. I do not know, sir. Q. Did you think of the sickness of his family the night of Ashburn's death-when he was first arrested? A. Nothing but what I have already said. Q. Give me your best opinion as to the length of time after Ashburn's death, before Dr. Kirksey was first arrested? A. I have no idea, sir, of the time; I never paid no particular attention to it at all. Q. W~as it as much as a month? A. I do not know. Q. Have you no opinion as to the length of time since Dr. Kirksey was last arrested and brought up here? A. Oh, yes, because I knew he was here, and I kept a thi nking abouthim; I think he has be en here about five weeks no w; I was more interested then and paid more attention to it. Q. Was he arrested in the day or in the night? A. I n the day I th ink. QW. W her e was he arrested? A. In Columbus. Q. Do you recollect what occurred in your family the night after his arrest? A. Yes, sir; I recollect having been up most all the ni,ht, having something to cook for him, to bring with him, and fixing his clothes, and putting them in his valise, and helping his wife to fix his things. Q. Was there sickness in the family that night? A. I do not recollect, sir; I do not think there was; his baby has been sick a long time —never has been right well; his wife has been sick; she was sick then and is sick now, and has been sick ever since he has been arrested. Q. Is she a sickly lady? A. No, sir; she never was sickly until after he was arrested and put in the court-house; she got sick then, going to see him, and has been sick since; she always was healthy, remarkably healthy. Q. What was he arrested for when he was put in the court-house? A. That is more than he or I knew, I reckon; I don't and he don't himself, I reckon —hardly. Q. Did you have any idea at the time what he was arrested for? A. No, sir. Q. Did you think at that time anything about where he was the night Ashburn was killed? A. I do not recollect what I thought then. Q. Did you have any idea, the last time, what he was arrested for? A. No, sir, I didn't know; there never had been any charges brought against him. Q. Did you hear from any source the reason of his arrest? A. Persons thought, some perhaps one thing and others another; nobody knew what he was arrested for. Q. Did you ever hear anybody assign any other reason for his arrest than his connection with the killing of Ashburn? A. I do not know. Q. C:ould you name any person who assig>ned any other reason? A. No, sir, because the) didn't know. ~Q. Have you ever heard anybody in (~olumbus say that he was arrested on 82 MILITARY OUTRAGE IN GEORGIA. failed to state but one night, and that was the night of the arrest of your son-in-law; why do you remember particularly the occu rre nces of the night that the Doctor was arrested? A. I have stated that before. Q. State whether D r. Kirksey lived at your house from the 1st of January to the 1st of March. and, if not, wher e did he live? A. He stayed t he first two months, I think, at the "Cook House," from the 1st of January. Q. Where is the'Cook House?" A. In Columbus. Q. Then where did you live during that time? A. I lived in Winton, near Columbus. Q. Would you have been apt to have known from Winton whether Dr. Kirksey was called up at nights when he was living at the Cook Hotel. A. No, sir. Q. During the month of March do you recollect any one night in which he was called up? A. No, sir. Q. Is you husband very deaf? A. Yes, sir, very deaf. Q. Did you have your house particularly fastened from apprehension of robbers or any other cause? A. From robbers breaking into the house. Q. Had it ever been broken into; were there many robbers in your neighborhood? A. Yes, sir, it has been broken in all around the neighborhood, except on our lot, on account of our severe dogs; the neighbor's places have been broken into. Q. You say that your husband is very deaf; did that or not cause you to be more watchful at nights? A. Yes, sir. Q. How long has he been so deaf? A. He has been so all his life, but it is a great deal worse now. He has been very deaf the last two or three years. account of his connection with Ashburn's death, or his supposed connection, rather, with Ashburn's death? A. I suppose I have heard persons talking, but I do not recollect of their ever saying, but that they didn't know what he was arrested for. Q. Was the cause of his arrest known in Columbus when you left home? A. Of course, because there had been charges preferred against him there. Q. When was it first known to you and the people of Columbus? A. After he was put up here in these cells. Q. How did it happen that you thought so carefully about where he was the night Ashburn was killed? A. Well, I have answered that question. Q. And, in that connection you say you didn't know what he was arrested for do you? A. No, sir, we didn't know what charges were preferred against him until after they were brought up here. Re-examited- Questions by Defense. Q. Mrs. Sheppard, you say you didn't know what Dr. Kirksey was arrested for. Did you not ask his counsel what he was arrested for, and they told you that the Government refused to give any charges against him until recently? A. Yes, sir. Q. Have you known, until these charges were preferred, whether Dr. Kirksey was imprisoned as a witness or a criminal. A. No, sir. Q. Have you not known in your own family-among the family servants-of persons being arrested as witnesses? A. Yes. Q. What became of some of these parties after they were arrested? A. They run away. Q. For what reason? A. Because they had been frightened. Q. Has there been any other incidents occurring in Columbus since the first of January last that created as much excitement as the killing of Ashburn; if so, state it? A. No, sir. Q. You stated, in your direct examination, that having heard of Ashburn's death the morning after the sickness of your -family, impressed the occurrences of that night uponyour mind; do you still say so? A. Yes, si. Q. You have been asked to state several other nights-particular nights in which members of your family was sick, or the occurrences of paarticular nights, and h.haveye Re-cross-examined- Questions by the Judge Advocate. Q. Who are your immediate neighbors? A. Mr. Bowers, Mr. Biggers, Mr. Thweet, Mr. Dancer, Mr. Markham, and Mr. Brown, these are the nearest neighbors we have. Q. Have the houses of all these persons been broken into by robbers? A. Yes, sir, every one of those houses but one that I can recollect of in that neighborhood, have been broken into. Q. Which' one forms the exception. A. Me. Markham's. Q. Within what time have they all been 83 MXI"AY OUT I GEORGIA. broken into. A. Well, they have been broken into several times; I think it is nearly two months since they were all robbed. Q. Was it all o on one night? A. The last robbery was all on one night. Q. Was not that robbery a noted thing there? A. Yes, sir, there was a great many talking about it next morning. Q. Did you hear of it the next morning? A. I heard the servants talking about it. Q. Do you recollect what occurred in your family that night? A. No, sir. Q. Recollect whether anybody was sick that nihlt? A. No, sir. Q. You stated, in answer to a question propounded by Col. Moses, that some servants about your premises, who had been arrested as witnesses, had run away; who were they? A. At least they didn't run away; they were frightened off the lot; they were frightened by the Yankees, sir; they came up there and arrested all of them the day the Doctor left, and then some four or five of them left because they told them what they were going to do with them. Q. Was that the same day the Doctor was arrested? A. The day they started up here with the Doctor. Q. Have you seen any of those servants since? A. Yes, sir, I have seen one of them since; the rest didn't come back. Q. Do you know where they went to? A. No, sir; I know where a family went; they went to the foot of the hill and settled there;.I found that outafterwards; I didn't know it at the time. Q. Do you know whether Dr. Kirksey had any conversation with them about leaving before he left? A. No, sir. Q. When Dr. Kirksey was last arrested did you not suspect that it was on account of some alleged connection with the Ashburn murder? A. I could not tell what he was arrested for. Q. Did you not suspect it? A. I thought perhaps it might; I don't know what I thought about it at all at the time; I hardly knew what I thought about it. Q. Please answer the direct question; did you not suspect it? A. I told you I didn't know at the time; I don't know what I thought about it; I don't recollect. Q. Does either of these windows open on the piazza? A. Two o f them do. Q. How high are they fro m the ground or from the floor of t he piazza? A. The y are right down o n the floor; the two side wind ows open right do wn on the floor. Q. How high are te o tes o the others from the groun d? A. I don't kn ow; about like those out there, I reckon (pointing to one of the windows in the Cour t room); I can't te ll exactly; I suppo se no t more than five feet from the ground. Q. Do the n eighbors you have mentioned own and keep dogs? A. One of them does-I think they all do; I think they have all tot dogs-little dogs, these little poodle dogs; one of them has five of them. Q. Do they usually bark at the a pproach of person s at night? A. What d ogs? Q. The neighbors' dogs. A. I have heard them a barking over the way. Q. Did you hear the dogs bark at all the night of the killing of Ashburn? A. I don't recollect at all about that. Q. Had you been into Dr. Kirksey's room that night before his wife called you to see the child? A. I don't recollect; I don't think I was; I don't think I had been in the room until I went there to see the child at her call. Q. What time was it when you saw him last, before you saw him in bed with the sick child? A. Well, he was at supper the last I recollect of seeing him. I next saw him in bed; I am generally passing about and attending to my business from supper time until bed time. Q. How far is your house from the PerryHouse,Columbus? A. Well,Idon't know; it is a mile and a quarter to the Courthouse and I don't know what is the difference between that and the Perry House. Q. Has Mrs. Kirksey ever, before the night in question, called you to her room at night? A. Yes, sir; many and many a time? Q. Did you see Dr. Kirksey at any time between supper time and the time you saw him in bed with the sick child? A. He was in Mrs. Moore's room at the time between supper time and bed time; I didn't see him, but he was in there. Q. The question is, did y6~ see Dr. Kiirksey at any time between supper time and the time you saw him in bed with the sick child? A. I didn't see him, but he was in there; he was in the room there read Questions by the Court. i- Q. How many windows were there in Dr. Kirksey's room? A. Four windows. 84 0 MIiAlY OUTRAGE IN GEORGIA. The Commission then adjourned until to-morrow morning at ten o'clock. ing; he nurses Mrs. Moore and gives her all her medicine; every time he comes into the house he goes to see her. Q. Was he dressed in night clothes, when you saw him in bed? A. Yes, sir. The Commission met pursuant to adj ournment. Present, same members as yesterday, the Judge Advocate and his assistants, the prisoners on trial, and their counsel. The record of yesterday's proceedings was read and approved. The witness, Mrs. Edward Sheppard, who was examined before this Commission yesterday on behalf of the defense, on hearing her testimony read over by the Judge Advocate in open Court, desired to make the following correction with regard to the question given on the 20th line of the 49th page of this day's record, which was, "Do you positively know that Dr. Kirksey was there all the time?" to which the witness yesterday gave for answer, "Yes, sir." She now desires to correct as follows: "It is my firm belief that he was in the house all that night." Mr. Marshall, one of the reporters to the Commission, having resigned, Charles K. Maddox was then duly sworn by the Judge Advocate as additional phonographic reporter to the Commission. Quest ions by th e J udge Adv ocate by per mission of the Court. Q. How do you know that he was in Mrs. Moore's room at the time spoken of? A. Well, I know that he was in there. Q. Well, but I ask you, how you know it? A. Well, just hearing them talking in there, I know by that that he was in there. I knew his voice. Q. Did you hear the chickens crowing at thetime you were in the room where the sick child was? A. It was when I was with the little boy. Questions by the Court. Q. Do you positively know that Dr. Kirksey was there all the time? A. Yes, sir. Q. Do you know what time Dr. Kirksey went to bed? A. I don't know exactly when he went to bed; I was not in his room, and of course I don't know when he went to bed. Q. Do you know when Dr. Kirksey left Mrs. Moore's room that night, and retired to his own room? A. No, sir, I knew he was in the house. Questions by the Defense. MIss WOODVILLE SHEPPARD, a witness for the defense, having been duly sworn, testified as follows: Q. What is your name? A. Woodie Sheppard. Q. What is your age. A. Seventeen. Q. IHow long have you known Dr. Kirksey, and what relation is he to you? A. I have known Dr. Kirksey four or five years-I don't exactly know; he is my brother-in-law. Q. Do you see Dr. Kirksey in the courthouse now? If so, point him out. A. I see Dr. Kirksey. (Witness points to Dr. Kirksey, one of the accused.) Q. Do you live with your mother in Winton? A. I live with my mother in Winton. Q. What distance is the house you live in from Columbus? A. It is considered a mile and a half from town. Q. Do you recollect the day of the month, or day of the week, that Ashburn was killed upon-night of the day of the Q. I understand you to state, in answer to the first cross-examination, that your chickens usually crowed at midnight, and that you heard them crow when you went into Dr. Kirksey's room. Did I understand you correctly? A. Well, no, I don't think th at was it. I s ai d when I went into Dr. Kirksey's room, I heard the chickens crow afterward. Q. Did you not state that your chickens usually crowed at midnight? A. I stated I had been taught from my childhood, that they crowed at midnight and daylight. Q. Then, was not that before midnight, if they crowed afterwards? A. I said I was in his room late at night, and saw him in bed. I didn't say what time. I judged it was about that time, from hearing the chickens crow-about midnight. Q. How long after you came out of his room before you heard the chickens crow? A. Well, I don't recollect what time. 85 MCPIHIITSON BAR]RACKS, ATLANTA, GA., I 10 o'clock A. m., July 8, 1868. f Questions by the Jud.qe Advocate by per mission of the Court. MILITARY OUTRAGE IN GEORGIA. Dr. Kirksey stayed in my room-my sister's room, Mrs. Moore's room-perhaps more than an hour after eating supper; he then went to his room; I went up into Dr. Kirksey's room afterwards-a little while afterwards-and stayed up there nearly two hours, talking to him; I then came down into my room and retired; and some time after midnight I was sent to his room to get some medicine for my sister, Mrs. Moore, who was sick; I knocked at Dr. Kirksey's door; he asked me what I wanted; I told him I wanted medicine for my sister; he got up, struck a match and got the medicine, brought it to the door and put it into my hand. Q. Please state what you did with that medicine and whom it was for. A. I carried the medicine back and gave it to my sister, Mrs. Moore; it was for her. Q. Where is your room situated as to Dr. Kirksey's room-how far from it? A. My room is the third room from his. Q. Whose room adjoins his? A. My sister's, Mrs. Moore's. Q. Was that the room you went into with the morphine? A. It was Mrs. Moore's room. Q. Did you remain in that room any time, or did you go to bed immediately as you carried the medicine? A. I remained in the room; did not go to bed immediately. Q. Can you form an idea of how long you remained in the room with your sister? A. It was more than an hour. Q. When you were in Dr. Kirksey's room, in the early part of the night, did your mother come into the room or not during the time that you were there? A. I don't remember. Q. Was Dr. Kirksey up at that time, when you were in his room-sitting up? A. He was lying on his bed. Q. Had he retired or was he lying on top of the bed? A. He had retired. Q. What induced you particularly that night to go to his room after he had retired? A. It is a usual thing for me to go to his room every night after he retires. Q. For what purpose? A. Just merely to be with him and get the news of the day he generally brings at night; he brings them out. Q. Where was Mrs. Kirksey when you were in the room with the Doctor that night? A. She was in her room-Dr. Kirksey's room. month or day of the week? A. I do not recollect that. Q. Do you know where Dr. Kirksey was-the accused-on the night of the murder of Ashburn? A. I know where Dr. Kirksey was. Q. W here i was he? A. He was at my mother's home, in Wint on. Q. How long after Ashburn was murdered did you hear of it? A. We heard it the n ext day. Q. Did you hear it in the morning, or in the afternoon? A. I heard it in the afternoon. Q. When you hear d it, wha t did you say in connection with it? A. I heard thatthey had- the Yankees had-arrested Mr. Bedell, supposing him to be connected with it. Q. Di d you hear whether or not they were expecting to make o ther arrests? A. They were making promiscuous arrests, and I did not know whom they might arrest next. Q. Do you remember whether, at that time, you made any remark in reference to Dr. Kirksey? A. Yes, sir. We were trying to locate the different members of our family, to see where they were on that night, as they were arresting everybody. Q. Do you mean to say that they were arresting everybody, or that there was an apprehension that they were going to arrest everybody? A. I mean that the apprehension was very great of their arresting everybody. Q. Was that apprehension that they would arrest everybody, whatever might be their politics, or was it confined to a particular party? A. It was confined to a particular party, because they supposed them to be Democrats-leaders of the Democratic party. Q. You don't mean to say, or do you mean to say, that that was the reason, or that was what the people thought? A. That was what the people thought to be the reason. Q. When you tried to locate the members of your family the night before, were you able to locate Dr. Kirksey? A. I was able to locate Dr. Kirksey. Q. Be particular in stating from what circumstances you were and are now able to locate Dr. Kirksey. A. Dr. Kirksey came home that evening after dark —a little after dark; we eat supper between eight and nine o'clock —our usual hour; 86 MILITARY OUTRAGE IN GEORGIA. Q. Does any one sleep in the room with you-as a general habit, I mean? A. Yes, sir. Q. Who does? A. At the time my cousin was sleeping with me. Q. Does any one sleep in the room with Mrs. Moore? A. Yes, sir. Q. Who do es? A. Miss Wynne. Q. Do your rooms open into each other? A. They do. Q. Would you or not be afraid to sleep by yourself at night? A. I would be afraid. Q. Have all your sisters been in the habit of having some one sleep in the room with them? A. My sisters have all been in the habit of hav ing some one s leep in t he roo m with them. Q. Does any one sleep with Mrs. Kirksey when the Doctor's out at night? A. I sleep wit h Mrs. Kirksey when the Doctor is out at night. Q. H ave you ever known Dr. Kirksey to sleep out at night and no one to be in the room with Mrs. Kirksey? A. No; she always calls me to he r room when the Doctor's out at night. Q. Why is this? A. Because she is naturally timid-afraid —does not like to be alone. Q. From your knowledge of your sister's character and habits, do you believe it possible that Dr. Kirksey could have gone out that night, and that she would not have called somebody to the room? A. From my knowledge of her character, I believe that she would have called some one to the room. Q. Could Dr. Kirksey have got up out of his bed and left that room, in which his wife was that night, without her knowledge? A. He could not have done it. Q. Why do you say that he could not have done it? A. Because he generally awakes his wife when he leaves, and would have made a noise at leaving. Q. In making that noise at leaving, would it have caused the dogs to have done anything? A. It would have caused the dogs to bark. Q. Does not Dr. Kirksey know these dogs well enough to have quieted them immediately? A. Dr. Kirksey knows the dogs, but could not have quieted them. Q. Are they so very severe? A. They are very severe. ,Q. How do people manage to come there and call him up at night, when they want Q. Have they any children? A. She has one child. Q. Was the child at home that night? A. The child was at home. Q. Where was it? A. In its mother's room. Q. Do you recollect whether Mrs. Kirksey and the child, or either of them, were asleep when you were in the room talking to Dr. Kirksey? A. I don't recollect. Q. Do you remember whether Mrs. Kirksey had gone to bed? A. I don't remember. Q. Is your house or not fastened up at night? A. Our house is fastened up at night. Q. Who attends to the fastenings of the house? A. I attend to the fastening of the house. Q. How are the windows and doors fastened? A. The doors are fastened with bars; the windows are fastened with catches. Q. Do you look into that thing- the fastening of the house-invariably, or only occasionally? A. I look into it every night. Q. How are the windows fastened? A. They are fastened with catches. Q. Do either of the windows in Dr. Kirksey's room open on a piazza? A. He has two windows that open on a piazza. Q. How high is the bottom of the window from the piazza floor? A. I suppose it is two or three inches. Q. Do they open down to the floor? A. Nearly to the floor. Q. If those window blinds were not fastened on the inside would there be any difficulty in a person entering that room from the outside? A. No, there would be no difficulty in entering it. Q. Would you consider your house safe from robbers if those window blinds were left open at night? A. We have some very bad dogs, and of course noise would be made i f any one would attempt to come in. Q. Why do you fasten the house up? A. We think it more secure to fasten the house. Q. How long have you been in the habit of keeping the house fastened in that way? A. I can not remember the numb er of years. Q. Is it a number of years? A. Yes, sir. 87 MILITARY OUTRAGE IN GORG'IA medical attendance? A. They call at the gate. Q. How far's the gate from the house? A. I suppose it is about fifty yards. Q. Then they must have called very loud, do they not? A. They have to call very loud. Q. Does that cause much barking of the dogs? A. Yes; the dogs bark at them. Q. Does it make no ise enough to disturb the different members of the family, at night, when these calls are made? A. It does make noise enough. Q. Have you ever known these dogs to run off persons who were coming there to visit at night, even before bed time? A. I have known them to run them off. Q. When you speak of these dogs being severe dogs, do you mean that they are ordinarily severe, or remarkably severe? A. I mean that they are considered very severe. Q. From your'knowledge of the dogs, and the situation of Dr. Kirksey's room, would it have been possible for him to have gone out tha t night without awakening his wife? A. It would not have been possible for him to h ave gone out that night without a wakening his wife. Q. Do you say it was the invariable babit of Mrs. Kirksey to call you or some o ther member of the f amil y to sleep with h er w hen h e wen t out? A. I say she always did it. Q. You say that Mrs. Moore was sick that night-were any o ther members of t he family sick that night? If s o, s tat e who. A. There were three other members of the family sick that night-my brother, Edward Sheppard, Dr. Kirksey's baby, and Miss Wynne. Q. Were you or not attending upon these persons? A. I was attending upon Mrs. Moore. Q. Were you up most of the night, or in bed most of the night? A. I was up most of the night. Q. Do you think it possible that any one could have left the house that night without your knowledge? A. I am certain that no one could have left the house without my knowledge. Q. Are you very much impressed with the solemnity of an oath? A. I consider an oath very binding —very solemn. Q. Under the solemnity of your oath, are you willing to swear that Dr. Kirksey was in his house that night? A. Under the solemni ty of my o ath, I am willing to swear that Dr. Kirksey was in my mother's house that ni ght. Q. Have you r e ad y our mother's testimony, given on yesterday? A. I read the first part. The cross-examination did not come o ut in the evening. Major Moses came to se e me last night, after tea, and advised me not to read the latter part of it. Q. Did not Major Moses advise you not to read any part of it, and did not you reply that you had already read a part of it? A. Major Mo s es advised me no t to read any of it. I told him I had already read a portion of it. Then he advised me no t t o read the rest of it-the cross-exami nation. Q. Did Major Moses converse with you upon the subject of testimony last night, and ask yo u what yo u could prove? A. Major Moses did conve r se with me, and ask me wh at I co uld prove. Q. Did you or not s tat e to him what you knew of th e cas e? A. I told him what I knew of it. Q. Did he ask you or not, not to converse with the rest of the family, in regard to what you could prove? A. I think he told me not-I don't remember. Q. Do you remember y our y ounger brothe r coming up whi le h e was conversing wi th you, and my s ending him away? A. Yes, sir, I remember that. Q. Do you recollect how long after the murder of Ashburn it was that Dr. Kirksey was arrested the first time-whe n he was carried to the Court-house? A. I think it was a few days a sfterwards, I don't recollect exactly. Q. You remember who was arrested at the same time? A. I remember some of the parties —Mr. Chipley, Mr. William Bedell, and I think Mr. Barber. Q. Any others you remember? A. I don't rlemember any others. Q. Do you recollect whether Mr. Tom. Grimes was among the parties arrested at that time? A. I think he was. Q. Do you recollect whether Mr. Columbus Bedell was also arrested at that time? A. I don't remember. Q. Do you remember whether Tom. Grimes was running for any office at that time —candidate for anything —or before that time? A. I think he was running for some office. ; Q. Do you recollect what it was? A. No, I don't recollect. 88 MILITARY OUTRAGE IN GEORGIA. Q. I will repeat the question to you. Do you consider that you are taking an oath unless it be administered by some one who has a legal right to administer it? The counsel for defense objected. The Judge Advocate asked permission to with draw the question. A member of the Court objected to the withdrawal. The Court then retired, and after due deliberation returned to the Court room and the Judge Advocate announced the decision of the Court, which was that the Jud,e Advocate had leave to withdraw the question. The Judge Advocate t e t re then withdrew the question. Q. I understood you to sa y, in your direct examination, th th the Yankees were makbind arrests the ne xt day after Ashbu rn was killed; are you certain it was that day? A. I am certa in that it was the next day. Q. Are you certain that the Yankees made any arrests bef or e the Mon day followinA the night he was killed? A. I think they made other arrests. Q. I asked you whether you are certain that the Y ankees m ade any arrests before the Monday following the night on which Ashburn was killed; you probably didn't under stan d Q o y question. A. I understand you r question: I said I think they made other a rrests. Q. What do you mean by "other " arrests, when I ask you about "any " arrests? A. I mean because they had arres ted o ne t he da y a fterward; but ther e were o t her ientlene n whom they arrested after that; I was thinking of them. \ Q. May you not be mistaken about the Yankees having arrested any one the day after he was killed? A. I don't think I am mistaken. Q. Were not the arrests, made the day after he was killed, made by the civil authorities, and not by the " Yankees?" A. I think the Yankees made the arrests. Q. IV,hy doyou think so? A. Because these gentlemen that they arrested were Democrats, and the Yankees were very much opposed to them, and I supposed it was they that made the arrests. vQ. Have you no other reasons for saying the Yankees muade the arrests except that the parties arrested were D~emocrats? A. The parties arrested were belong~ing, to the IDemocratic Club, and I supposed that they were arrested on that account. Q. Did you understand that the arrests were made because they belonged to the Q. Do you remember what party he' was running a candidate of-whether it was the Radical or Democratic? A. The Democratic, of course. Q. Do you recollect whether Mr. Chipley was a leader of either party in Columbus? A. I recollect that he was. Q. Which party? A. A leader of the Democratic party. Q. You remember whether Mr. Barber was a Democratic candidate for anything? A. Yes, sir. I think he was. Q. Do you remember what it was? A. I don't remember. Q. Do you recollect now, when Dr, IKirksey was arrested at the Court-house. what you thought he was arrested for, or did you have any idea what he was arrested for? A. Yes, sir; I had an idea, and I remember what I thought he was arrested for. Q. What was it? A. I thought it was because he was such a strong Democrat. Q. When did you first learn that he was arrested in consequence of some connection with the Ashburn murder? A. It was not long before this trial that I learned that-heard that. Q. When you first learned that he was arrested for connection with the Ashburn murder, did you or not feel perfectly satisfied that you could establish his innocenee? The above question was then objected to by the Judge Advocate and withdrawn by e ene. the defense. Im the mean time the witness answered: " Yes; I felt perfectly easv that I could establish his innocence." Q. I understood you to say that you regard an oath as a very solemn thiang, and very binding; does not that depend somewhat upon the authority by which it is administered? A. I consider an oath under all circumstances binding Q. Do you consider an oath binding upon your conscience if administered by. a person who has no legal right to administer an oath? A. Yes; if I have taken an oath, of course I consider it binding. Q. ]Do you consider that you have taken an oath unless administered by some one having a legal right to administer it? A. I consider that I have taken an oath today. Q. Answer my question, please. A. That is the answer I wish to give. 8 89 0 Cross-exa,nzined- Qztestio7is b the Jitd v qe Advocate. 1MILITARY OUTRAGE IN GEORGIA. Democratic Club or because they were charged with the murder of Ashburn? A. Because they were strong leaders of the Democratic Club. Q. Isit the habit to arr est p ersons in Columbus simply because they are Democrats, or belong to the Democratic Club? A. The Democrat s were stron g and were very popular, and these men wished to put them d own. Q. Who do you mean by'these men?" A. I mean the Radicals-the Yankees. Q. As the Democrats are very popular there, it is not regarded as a c rime for which they arrest persons, is it, that they belong to the Democratic party? A. We have thought these arrests were made because the y were strong Democra ts. Q. Did you not understand at the same time th at they were arrested because they were charge d w ith th e mu rde r of Ashburn? A. I understood n o s u ch th ing. Q. Then you believe they were arrested simply b ecause they were Democrats, di d you? A. I belie ve they were arrested because they belongedto o the Democratic Club-leaders of the Democratic Club, all of them. Q. D oes Dr. Kirksey bel ong to th e Democratic Club? A. Dr. Kirksey beloncs to the Democratic Club. . Do you know whether the club i s in th e h abit of holding its meetings at night, and whether he attended. A. The club was not in the habit of holding its meetings at night. Dr. Kirksey never attended any Democratic meetings at night. Q. Do you know when it did hold its meetings, and how often? A. I don't know. Q. Then how do you know that they did not hold them at night? A. I know that Dr. Kirksey did not attend them at night. Q. I understood you to state inl a former answer, that they did not hold their meetings at night; do you intend to be so understood? A. I intend to say that Dr. Kirksey did not attend them at night. Q. Did he attend the meetings of the Democratic Club in the day time? A. H~e did attend them in the day time. Q. At what time in the day were they held? A. t don't know. Q. Where were they held? A. I don't know. Q. Then how do you know that he attended them? A4. I have heard him say that he attended Democratic meetings in the day time. Q. Then when you swore that he did attend them, you did not swear it of your own knowledge, did you? A. Yes, I swore of my own knowledge. Q. Do you now swear that you know of your own knowledge that he did attend them? A. I swear of my own knowledge that I know he did attend them. Q. Did you ever see him at one? A. I never saw him at one. Q. Then how can you swear of your own knowledge that he was there? A. Because I have heard others say that he was there attending a Democratic meeting. Q. When you hear other people make statements, can you swear to the truth of those statements from your own knowledge? A. If I know the people well, and know what they say to be true, I can swear to what they say to be true. Q. Is not that swearing from the confidence you hlave in others and not from your own knowledge? A. It is swearing from my own knowledge of the character of others. Q. But can you swear to the facts of your own knowledge simply from your knowledge of the character o f other persons. A. If I know a person to be trut hful I can swear to what they sa y to be true. Q. And swear it o f yo ur own knowledgee? A. I can swear it to be true. Q. Answer my question, pl e ase. (Ques.tion r epeated.) A. I can swear to it from my knowledge o f the truthfulness of o thers. Q. Do you now swear of your own knowledge that Dr. Kirksey did attend these Democratic meetings? A. I know the Democrats held their meetings in the day, and I know Dr. Kirksey was a strong leader of the Democratic Club, and I know then that he attended them. Counsel for the defense here submitted a document, of which the following is a copy: "The counsel for the defense ask the court to explain to the witness the difference between swearing to a fact as from her own knowledge and of swearing' to a fact on the knowledge of others, because she has confidencee in the truth of their statemaents. "W~e desire her to know that nothing is. ~)f her own knowledge wlslicb sl, e learns 90 MILITARY OUTRAGE IN GEORGIA. firom others, never mind how truthful those statements may be; it is then belief, not knowledge. "With this explanation the witness can answer truthfully and understandingly." The court retired, and, after due deliberation, again entered the court-room, when the witness was requested to withdraw for a few mnoments, which having been complied with bv the witness, the Judge Advocate read the document aloud, and stated that he was directed by the Commission to instruct the witness according to the reqluest of the counsel for the defense. The witness was then placed again on the stand, and the Judge Advocate explained to her the substance of the request made by the counsel for defense. The examination was then resumed: Q. After the instructions which you have received from the court, do you now swear of your own knowledge that Dr. Kirksey did attend those Democratic meetings. A. Dr. Kirksey was a strong leader of the Democratic Club, and of course he attended their meetings. The Judg,e Advocate again explained to the witness the difference between swearin, to a fact of her own knowledge and of swearing, to a fact on knowledge derived firom others. The question was then repeated as follows: Q. After the instructions which you have just receive d from th e court, do you now swear of your own knowledge that Dr. Kirksey did attend thos e Democratic meetings? A. No, I do not swear to it of my own knowledge, but I know him to be a strong Democrat, and therefore he attended their meetings. Q. Do you intend to state that you never suspected when the first arrests were made that they were in any way connected with the death of Ashburn? A. I intend to state that I thought the arrests were made because they were strong Democrats; I thought there was no other reason for the arrest. Q. Were any arrests made of persons prior to the death of Ashburn because they were Democrats? A. I do not remlember. Q. Had you heard of any? A. I think I had heard of some one. Q. How long before Ashburn's death? A. I do not rememaber. Q. W~ho were they? A. I do not remember. Q. Who told you of their arrest? A. I heard of them; I do not know who told me. Q. Do you know where you were when you heard of it? A. I do not remember. Q. Do you know that it was on account of their being Democrats? A. I think it was on accou nt o f their being Democrats. Q. How many person s ha d yo u heard were arrested o n account of thei r being Democrats before the death of Ashburn? A. I do not remember. Q. Are you at all c onfident that you had heard that any persons had been ar rest ed on that account before his death? A. Yes; I think I had heard of it. Q. But you can not state th e place, nor time, nor t he names of the pers on s wh o were arrested, nor of those who arrested them? A. I can not state. Q. Soon after Ashburn'sde th death did vou hea r of anybody but Democrat s being ar rested? A. I never heard of anybody but Democrats being arrested. Q. Then what do you mean in your answer to the direct question w hen yon spoke o f pro miscuous arrests? A. Other Democrats- all of them; the to wn is filled with Democrats; arresting the m all; ladies and children- they thought even ladies and children were not safe; no one knew. Q. Wer e all the Democrats in town ar rested? A. Th ele aders of the Democrats were. Q. By promiscuous arrests, then, yo u mean simply the leaders of a particular party? A. When they made these arrests of course we did not know for what reason they were arrested, and did not know who else they might arrest. Q. But you spoke of promiscuous arrests lhaving been made; by that do you mean simply the leaders of a particular party? A. I mean that they might arrest any of the Democrats. Q. But you spoke of what had been done? A. Because they arrested some, and we did not know for what reason, ex cept that they were Democrats, and as they arrested then we (lid not know but that others of the Democrats might be arrested; we didn't know that even ladies and chil dren were safe. :Q. Is that what you mean by " promis cuous arrests"? A. Yes; I mean arrests ' of ladies and children —any of them. Q. When you say they had made pro* miscuous arrests, do you mean that ladies and children had been arrested? A. I 0 t t 91 MILITARY OUTRAGE IN GEORGIA. think we had heard of some lady being arrested and sent off. Q. Was that immediately after Ashburn's death? A. I do notremember when it was; I think it was afterwards. Q. Who was the lady? A. I don't know her at all. Q. Was not that arrest a month or two after Ashburn's death? A. I do not think it was. Q. Where did you hear she was sent to? A. I did not hear the name of the place. ? Was she sent out of Columbus? A. Q. I think she was. Q. Was that as much as a week after the death of Ashburn? A. I said it was some time afterwards. Q. I want your opinion as to definite time. A. I can give no definite reply as to time. Q. When did you first suspect that Dr. Kirksey had been arrested on account of alleged connection with the death of Ashburn? A. I did not hear that Dr. Kirksey was arrested for the murder of Ashburn until this trial; I never suspected that he was arrested for the murder of Ashburnnever once. Q. Until when? A. I heard of this trial, here at this trial. Q. Did you never hear before the trial commenced that that was the cause of the arrest of the Doctor? A. I never heard the cause of his arrest- knew no reason. Q. Did you not suspect the reason when he was arrested the second time? A. No; I?never suspected such a thing. Q. I mean, did you not suspect when he was arrested the second time that he was arrested on account of alleged connection with the Ashburn murder? A. No; I never suspected such a thing. Q. What did you suspect was the reason for the second arrest? A. I could assign no reason for it. Q. Did you suppose that it was on account of his connection with the Democratic party? A. No reason was assigned for his first arrest, therefore I could assign none f or his se cond; I supposed it was from that cause. Q. Then you never suspected that he wvas arrested, or likely to be arrested, on account of alleged connection with the Ashburn murder, until about the time this trial commenced, did you? A. I never suspected of his being arrested on account of the murder of Ashburn; not once-1 heard of it at the time of this trial. Q. Were you not apprehensive prior to that time, that he might be arrested on account of his alleged connection with that murder? A. No; I apprehended no such thing. Q. Waerqeyou not apprehensive that he might be accused of connection with it? A. I was apprehensive of no such accusation. Q. Then how was it that you charged your mind so carefully with the facts that show that he was at home on the night of the murder? A. Because they commenced the arrests, and we did not know who might be arrested —not that we thought the accusation would fall upon him, but we just went locating and finding where he was that night. Q. When did you first undertake to locate him? A. After the first arrest was made, and before this arrest was made, we d iscussed t he matter. Q. Well, if you believed he was arrested the first time on account of being a Democrat, and not for an y alleged connection with the Ashburn murder, why did you under t ake to locate him on the nigh t of the murde r? A. Because they had ar - res ted one without any reason, and we didn't know but that they might make other arrests. Q. Did you not state that that first one was arrested on account of his connection with the Democratic party, and not on account of his connection with the murder of Ashburn? A. Yes, sir, on account of his connection with the Democr atic Club. Q. And without any reference to the murder of Ashburn? A. Without any reference to the murde r of Ashburn. Q. Then why locate the place of Dr. Kirksey on the night Ashburn was killed? A. Because they had made arrests of this on e D e mocrat, and we didn't know but what they might arrest others. Q. For what? A. We didn't assign any reason for the arrest. They had made one arrest without any reason, and we thought it proper to discuss the matter. Q. Then why did you connect the discussion with the night of Ashburn's death? A. Because they had made these arrests after the death of Ashburn —they had arrested one Democrat, and we didn't know but what they might arrest others followinp this murder, and of course we discussed the matter. 92 4 MILITARY OUTRAGE IN GEORGIA. was a servant girl sleeping in Dr. Kirksey's room. Q. How old is she? A. I suppose about fourteen. Q. What time of the night did yo u retir e to bed- I mean wh en you first went to bed? A. I suppose it wa s so me wher e near twelve o'clock when I left Dr. Kirksey's room-about there. Q. What is the usual tim e for the family to retire? A. I don't kno w the time for the family to retire. I retire later than th e rest of them. I am the last member of the family to re t ire. Q. Which r etired first that night-you or your mother? A. I think my mothe r retire d first. Q. How long be f o re you did? A. I don't know. Q. I under stood yo u to state in your direct examin ation that y ou always fastened the doors and windows at night; do you do that every night? A. I do it every night. Q. Does not some other person in the family sometimes attend to it? A. 5ly sister, fearing that I may neglect some of it, she goes round; my sister, Mrs. Iloore. Q. Is that so every night? A. Yes, that is generally the case. Q. Then you go round first and close the doors and windows and your sister follows round to see that you have done it well? A. Yes. Q. Does not some other member of the family sometimes close the doors and windows at nights? A. It has always been a habit with me toclose the doors and windows at night; I do it. Q. Does not some other member of your family do it some nights? A. They may look over it to see that it is well done; I do it. Q. Do you intend to state then' that no one else in the family closes them some ni,hts? A. I intend to state that I never neglect it; I go round every night. Q. Do you sometimes find that other members of the family have closed them before you get there? A. I always close them myself. (2. Do you not sometimes find them closed when you get to them? A. No; I always close them{ myself. Q. Doesn't your mother close them part of the time? A. I attend to the closing of the house myself. ~Q. Do you swear that your mother does no~t divide that duty with you —she somne Q. Why did you connect the arrest of that Democrat with Ashburn's death? A. I did not connect it with Ashburn's death. I said that they arrested him after Ashburn's death, and we could assign no reason whatever for it. Q. Did you not understand that he was arrested on account of Ashburn's death? A. I did not. Q. You say you did not understand that, but still you connect the discussion as to the whereabouts of Dr. Kirksey with the night of Ashburn's murder-why? A4. Because they made this one arrest without any reason, and we didn't know but that they might make others. Q. How do you know that they arrested that one without any reason? A. Because I heard they could assign no reason for the arrest. Q. Then it was not a matter of personal knowledge on your part, was it? A. The matter was inquired into to find why the arrest was made, and no reason could be assigned. Q. Do you refer now to the first or last of these? A. I refer to all the arrests. Q. And you never suspected that any of the arrests were made on account of Ashburn's murder, till about the time this trial commenced? A. I never suspected at all that it was on account of the murder of Ashburn; I heard the time of the trial that it was on this account. I never suspected once that it was on account of the murder of Ashburn. Q. Without any suspicion of that, then, you had already located Dr. Kirksey at home on the night of the killing of Ashburn? A. I located him because they had made arrests, and didn't know but what they might make others; without any reason for making one, they might make others. Q. How many younger sisters have you than yourself? A. I am the youngest. Q. Wnhat members of the fa mil y w ere in your mother's ho use the nig ht that Ashburn was killed? A. All the family, and two cousins I had staying with me at the time. Q. Will you name each person who was in the house that night? A. My father, mother, Mrs. Moore, Mrs. Kirksey, 3Irs. Kirksey's child, mny three brothers, myself, and two cousins. Q. W~as there not a servant girl sleeping, in the house that night? A. There 93 MILITARY OUTRAGE IN GEORGIA. times closing them and you sometimes? A. I swear that I punctually attend to the closing of the house. Q. And that your mother never does it? A4. M[other never does it; I attend to it myself. Q. If I did not misunderstand you, you stated that you went into Dr. Kirksey's room every night to get the news of the day from him? A. It has been a custom with me ever since Dr. Kirksey has been in our family to go and talk with him at night. Q. How long does it usually take him to detail the news of the day to you? A. He does not confine himself to news of the day; he talks to me perhaps two or three hours. Q. You stated that you were the last member of the family in the habit of retiring; do you spend the last hours before your retirement each night in Dr. Kirksey's room? A. I sit in Dr. Kirksey's room every nilght before retiring. Q. What time do you usually leave his room at night? A. Generally after eleven o'clock. Q. What time does your mother generally retire? A. I don't know. Q. Have you not a time-piece in the house. A. No; the clock is out of order. Q. Then all you have stated about the time of night is mere guess, is it not? A. Well, I guess from what I know to be our usual hours when we had the clock running. Q. What time did you eat supper that night. A. We generally eat supper between eight and nine o'clock. Q. What time did you eat supper that night? A. We generally eat supper between eight and nine o'clock. Q. What time clid you eat supper that night? A. There would be no difference between that night and others; we eat supper between eight and nine o'clock. Q. Do you think it was nearer to eight than nine o'clock. A. I can not say. Q. Are you certain it was between these hours? A. I think it was between these hours. Q. How long after supper was it before Dr. Kirksey went into Mrs. Moore's room? A. Directly after eating his supper he went into Mrs. Moore's room. Q. Did you go il with him? A. I went with him. Q. Did you stay all the time that he stayed there? A. I stayed in there all Q i nt es n the time that he was in there. Q. What time of the night did he leasve that room? A. He stayed in the room perhaps more than an hour. Q. Give your o pi n ion as to the time of night when he left the room. A. I can not s tat e defini tely as to the time of M nioht, as we had no time, but I s ai d it was m1 ore than an hour. Q. I asked for your opinion as to the time of night he left the room. A. I can not give any opinion as to the time of night, because we had no time; but I said n.ore than an ho ur. Q. How long after he left that room before you went into his room? A. I went in a little while afterward. Q. The length of time, as near as you can ll et. et recollect A. I went in directly afterward. Q. As much as ten minutes afterward? A. Ten or fifteen minutes-about ten minutes afterward. Q. What time was it, in your opinion, when you left his room? A. It was near 12 o'clock when I left his room, or about 12. Q. As you had no time-piece, how are you able to give an opinion in that case, when you could give none as to the time he left Mrs. Moore's room? A. I stayed in his room about two hours; it was about midnight when I left his room; it was late in the night, and I supposed it was 12 o'clock. Q. You stated that you could give no opinion as to the time he left Mrs. Moore's room because you had no time-piece; how, then, did you arrive at the conclusion, when you had stayed two hours, that it was 12 o'clock when you left Dr. Kirksey's room? A. I was not definite as to the time; I said I supposed it was 12 o'clock. Q. Where did you go from Dr. Kirksey's room? A. I went into Mrs. Moore's room. Q. Where did you next go? A. I left Dr. Kirksey's room and then went to Mrs. Moore's room; then went to my own room and retired. Q. How long did you stay in Mrs. Moore's room, after you left Dr. Kirksey's room, before you retired? A. A very little while. Q. When you reached your own room, how long before you went to sleep? A. I dan't know. Q. Your best recollection is all I ask 94 MILITARY OUTRAGE IN GEORGIA. for. A. I don't know how long it was before I went to sleep. Q. I didn't ask you for your knowledge; I asked you for your opinion. A. I don't suppose I went to sleep directly after retiring. Q. Would you say as much as a quarter of an hour? A. I can't say as to what time I went to sleep. Q. Could it have been as much as half an hour? A. I can't say. Q. Was it as much as an hour? A. I don't suppose it was an hour. Q. After you went to sleep were you up any more that night? A. I was up again that night. Q. ttow long do you think you slept before you got up? A. I had retired perhaps more than two hours when I was woke again and sent to Dr. IKirksey's room. Q. Who woke you? A. Mrs. Moore, my sister. Q. How long did you stay in Dr. Kirksey's room that time? A. I went to his door and knocked, asking for some medicine; he answered me, got up and got the medicine, and put it into my hand. Q. Where did you then go? A. I went back into Mrs. Moore's room. Q. How long did you stay there? A. I stayed there a good while; Mrs. Moore was sick and I was waiting on her. Q. As much as an hour, do you suppose? A. I suppose it was more than an hour. Q. Where did you then go? A. I went back to my own room. Q. Did you retire to bed again? A. I retired, but didn't go to sleep. Q. Do you sleep -soundly, or are you easily awaked? A. I am easily awaked. Q. Are you not much more easily waked of a night when you have been disturbed of your rest than of an ordinary night? A. I am easily waked; I am always easily waked. Q. Do you not believe you would be more easily waked of a night that you have been disturbed of your rest than when there is no disturbance? A. I believe I could be woke up any time, for the least noise will wake me any night. Q. Did Mrs. Moore call you when she wished to get the medicine? A. Yes, she called me. Q. Did you hear any other call that night? A. I don't remember. Q. Did you hear any person in the house call for any other person that night? A. I don't remember that I hear d any o ther. Q. As you are very wakeful, could there h ave been a call fr om a per son i f one room to a person in another, across the passage, without you hlaving heard it? A. No, there could not ha ve been. I don't think there could; there could no t ha ve been any call without my h aving heard it. Q. Are you prepared then to state th a t there was no such call? A. I said I didn't remember anything abou t any c all. Q. As you remembe r everytwlint e lse that took place so distinctly, is it not probable that you would remember that if it had occurred? A. I remember everythling with regard to myself that was connected with the affair. Q. Is it nt n most probable, that you would have heard a call of that sort, i i f it had been made? A. Probably I would have heard it. Q. Then is it not your opinion that none such was made? A. I don't remember anything about it. Q. Did you hear any one of the doors open that night? A. I don't remember that I did. Q. Did you hear Dr. Kirksey's door open after you retired that night? A. Yes, I heard Dr. Kirksey's door open after I had got back into M1rs. Moore's room, a second time, by my brother, who went up after me. Q. What is your brother's name. A. Edward Sheppard. Q. Am I to understand you that lie went up after you when you went there? A. After I had made my second visit up there, he went afterwards. Q. He went after that time? A. After that time. I was in Mrs. Moore's after he came back. Q. Did you see him? A. I saw him; Mrs. Moore's door was open. Q. Didn't you hear Dr. Kirksey's door or window open at any other time during the night? A. No, I don't remember hearing Dr. Kirksey's door or window open at any other time during the night. Q. Mfay not his door or window have been opened at any other timze durin,~ that night, and you not have noticed it? A. His windows could not have been opened without my noticing it. The door, too, mlakes a noise, and, of course, we would hkave noticed that. 95 MILITARY OUTRAGE IN GEORGIA. mother come into Mrs. Kirksey's room. A. I don't remember. Q. Was it before or after you retired to bed? A. She went in before my second visit. Q. Was your second visit before or after you r etired to b ed? A. M y sec ond visit was after I retired to bed. Q. Did you not leave you r room door open when you wen t to bed? A. My roo m door was open, it opened into Mrs. Moore's room. Q. Did you not leave the door that opened from your room into the passage ope n when you wen t to bed? A. I don't remember whether that was closed or not, but we always leave the door between ou r two rooms open. Q. Di d you se e your moth er when she went into Mrs. Kirksey's room? A. I saw my moth er before I went up into Dr. Kirksey's room the secon d ti mle; I went into her room to get advice about going after the medicine. Q. I repeat my question, did you see your mother when she went into Dr. Kirksey's room? A. No, I don't remember whether I saw her. I don't think I saw her. Q. How do you know she went there? A. I saw her after she came down from Dr. Kirksey's room; she was in her room. Q. You didn't see her in Dr. Kirksey's room; then how do know she was there? -A. She had not retired, she had just come down from Dr. Kirksey's room. Q. You state that you saw her in her own room; how do know she had come froim Dr. Kirk-sey's room? A. Because she said'she had been up there. Q. Then what you swear about it is hearsay, and not knowledge, is it not? A. I know my mother had been up into Dr. Kirksey's room; what I swear to is what I know. Q. Can you swear that you know she had. —been there when you did not see her there? A. If she was up at that time, I supposed she had been into Dr. Kirksey's room, and she told me so. She had not retired. Q. As you had retired, how can you state that she had not retired? A. She had not retired when I went into her room to get advice about the medicine. Q. I believe you said in substance that that wvas about 2 o'clock in the morning,; do you now state that she had not retired until about 2 o'clock in the Q. Do you intend to state then, that Dr. Kirksey's door or window was not opened that night, except the time when your brother went in? A. I say, that if Dr. Kirksey's door had been opened, they would have made noise, and of course we would have known it. Q. Mlay it not have been opened without you hearing it? A. The windows? Q. Or door? A. No, the door would make a noise, and would have attracted attention, and the windows could not have been opened without attracting attention. Q. 3lii,ht he not have opened the door of his room, and come out, without attracting your attention? A. He could not have opened his door and come out, withour attracting some attention. I could have heard his door opened. Q. Can't a person walk through the hall then at night, without waking you? A. A person can't walk through the hall without waking me. The slightest noise wakes me. Q. Are you prepared to state then, positively, that neither Dr. Kirksey, nor anybody else, opened his window or door that night, except the times when you and your brother went to the room? A. I am prepared to state, that if anybody had attempted to open the doors or windows, it would have attracted the attention of the family and my attention. Q. Didn't somebody else open it within your knowledge that night? A. Do you mean after I left? Q. Yes. A. My brother opened it after I had left the room-my brother Edward. I said he went there after some medicine. Q. By somebody else, I mean somebody other than yourself; or your brother? A. I don't remember anything about that. Q. Did you hear Mrs. Kilksey call anybody that night? A. Mrs. Kirksey called my mother. Q. Didn't she open the door when she called? A. Yes, I suppose she did. I don't remember. Q. If she opened the door, did you not hear it? A. Yes, I could have heard the door, if she opened it. I don't remember about it. Q. Weill you state positively, that Dr. Kirksey did notopen his door or window and come out of his room that night while you were asleep? A. I can state that positively. Q. W~hat time of the night did your 96 MILITARY OUTRAGE IN GEORGIA. morning? A. I said it was some time after midnight that I went up to the door of Dr. Kirksey's room the second time; I did not state any definite time. Q. Do you know what time your mother did retire that night? A. I don't know. Q. Then how do you know that she had not retired before she went into Dr. Kirksey's room? A. I say that she had been up, I mean that she had not retired-had not got to sleep at that time-I didn't mean that she had not gone to bed, but she was up. Q. Were you in your mother's room that night after you first went into Dr. Kirksey's room? A. I said that I went into Mrs. Moore's room after leaving Dr. Kirksey's room. Q. I will thank you to answer my question. Were you in your mother's room that night after you first went to Dr. Kirksey's room? A. After my first visit to Dr. Kirksey's room, I came back to Mrs. MIoore's room, from that to mny room, and then retired. Q. Were you in your mother's room at any time that night after you first went into Dr. Kirksey's room? A. I could not have been in mother's room, if I went directly t o Mrs. Mo ore's and from there into my own room. Q. If you we re not in your mother's room, how do you know wh at time she did retire? A. I said I didn't know what time mother retired. Q. Then how do you know she hadn't retired before she went into Dr. Kirksey's room? A. I said I didn't know whether she had retired or not, but at that time she had not retired. Q. Was it not after you first went into Dr. Kirksey's room that you went into your mother's room to get advice about the medicine? A. I went into my sister's room after leaving Dr. Kirksey's the first time. Q. After the first time that you went to Dr. Kirksey's room, did you not go into your mother's room that night to get advice about medicine for your sister? A. I went into ly sister's room and then to mny own room and then retired; then I was waked up by mly sister to net medicine, and then I went to my mother's room to ~et advice. Q. Did you not state awhile agso that, after coming out of Dr. Kirksey's room, you went into )'our own and then retired: and then you were not in your mother's room any more that night? A. I stated that I went fr om Dr. Kirksey's room to Mrs. Moore's, from Mrs. Moore's to my own roo m, a nd that I was afterwards waked and went to my mother to -et advice about the medicine. Q. What time of night was it that you went to your mother's roo m to ge t ad vice about the medicine? A. I said I could give no definite time; I suppose it was sometime after midnight; I can't state. Q. How lond did you r mother stay in Dr. Kirksey's ro om? A. I don't know. Q. What is your opini on? A. I can give no opinion in regard to it; I was not up there wit h her. Q. Did you he a r h er whe n she came back from there? A. I don't remember whether I hea rd her or n ot. Q. Did youea hear her when she went in? A. I don't remember. Q. If you can't remember that, how can you remember so distin ctl y that D r. Kirksey did not go out that night? A. I said, that no noise could have be en made without attracting attention; I may ha ve h eard my mother and di d not reme mber it. Q. If your mother migiht have made a noise, and you not remember hearing it, mia,ht not Dr. Kirksey have made a noise and you not have heard it? A. If Dr. Kirksey had attempted to go out of the windows it would have attracted the attention of the dogs. Q. I asked you if your mother might have made a noise and you not remember hearing it, might not Dr. Kirksey have made a noise and you not have heard it. A. I could have heard any noise; I said mother may have made a noise, but I don't remember now about it; if Dr. Kirksey made a noise I would have heard it. Q. As your mother may have made a noise and you not remember it, may not Dr. Kirksey also have made a noise and you not remember it? A. He might have made a noise and I not remember it, but I would have heard it. Q. Was there anything to attract your attention more particularly to a noise made by Dr. Kirksey that night, than to a noise made by any other member of the family? A. No; I say I could have heard a noise made by any of them. Q. In what lot do your dogs stay? A.. No particular lot; they are around the ho~use at all times of the night. 9 97 MILITARY OUTRAGE IN GEORGIA. Q. When was that? A. If I remember right, it was last fall-not last fallalong in November or December, I think -no, I remember it was after Christmas that Dr. Kirksey-I can't remember exactly in regard to it. I don't remember when he was there. Q. Was it last year or this year? A. I think he moved there in December, and stayed there, probably two months; I don't exactly know about that. Q. Does not Dr. Kirksey practice medicine? A Dr. Kirksey p ractices medicine. Q. And is he not county or city physician? A. He was at one time county physician. Q. Does he have a great many calls? A. Yes. Q. Does he practice at night w he n called? A. Yes. Q. Are not these dogs in the way of persons coming after him, when he is wanted by patients? A. They are in the way; they call at the gate for Dr. Kirksey -those who collme for him do-they can not come into the yard. Q. Was not his night practice better last fall than it has been this sprint,? A. I don't remember that it was. Q. Has he had many calls at night this spring? A. I don't remember that he has. Q. Can you remember any calls that he had at night this spring? A. I can. Q. Can you remember more than three? A. I can't remember the number, but I can remember calls that he has had. Q. Can you recollect as many as three? A. I don't know how many he has had; I don't recollect. Q. Are you sure he has had any night calls since he moved back from the hotel to your mother's house? A. Yes, he has night calls. Q. Can you recollect more than three calls that he has had at night since he left the hotel, and came to your mother's house? A. I can't recollect how many he has had. Q. Can you recollect a single one.? A. Yes, I can. I have been up in his room when he was called. -Q. How often? A. I don't remember. Q. W~ho came to his room after him when you were there? A. We would IQ. Where are they in the day time? A. They stay in the yard in the day time. Q. Which yard? A. We don't confine them to any yard. Q. Do you not confine them in the day time to the back lot? A. We don't confine them; we don't tie the dogs. Q. Do you not confine them to the back lot in the day time, by keeping the gates closed? A. The gates are closed, but the dogs could jump the fenice. Q. Are the gates open at night? A. I don't remember that they are open any more at night than they are in the day; they may be left ajar; I don't know. Q. Do you allow these severe dogs to remain in the front yard while your visitors approach in the daytime? A. We allow them to stay about in the day time. Q. Have they ever injured any visitor? A. Yes, they have gotten after persons and run them from the house. Q. Will you name such persons? A. Well, there were two persons visiting at the house, that came to see me, Mr. Bond and Mr. Cooper. Q. When was that? A. I don't remember when itwas; it was one night they came to see me. Q. About how long ago? A. I can't remember the time. Q. Was it this year? A. Yes, it was this year. Q. Was it before or after Ashburn was killed? A. I think it was afterwards, but don't remember. Q. Did the dogs injure either of them? A. No, but took after them. Q. Did he ever run after afiybody else? A. Yes, he runs after the negroes, or anybody else who comes to the house; the dog takes after them when he is about. Q. Does not Dr. Kirksey tease the dogs sometimes? A. Yes. Q. Do they ever try to bite him? A. They jump at him when he kicks his feet and cuts at them. Q. Did they ever try to bite him? A. I don't remember. Q. How long has Dr. Kirksey been living in your mother's house? A. Since his marriage. He boarded at the hotel awhile, and came back to our house to live with us-he has lived there mostly all the time: he was in business in Pensacola awhile. Q. How long did he live at the hotel? A. I don't remember; I suppose two or three months. hear some one call at the gate for him, and some one would go out to see who it was; some member of the family, perhaps. 08 v MILITARY OUTRAGE IN GEORGIA. remember it better than I could the openin of a door. Q. May you not have heard it at the time, and it attracted your attention, and not now recollect it? Q. I don't remember that any windows were raised that night. Q. Piase answer my question; may you not have heard it at the time and it attract your attention and not now recollect it? A. I don't recollect it; I said the dofs would have made considerable noise, and of course that would have made me recollect it if a window had been raised, more than the opening of a door. Q. May not a door or window have been o pened and the dogs bar ke d that night and you now not recollect it? A. I think I]would have recollected it if any wind ow had been raised that night. Q. Why do you think you would have rec ollected it that night any sooner than any other night? A. Wcell, any o t he r night I think I would have recollected a window being raised, because the does make considerable noise when it is done. Q. Will you please tell me what nights in the month of March windows were raised in your house? A. I don't remember; we frequently raised them and pulled them down again. Q. I understand you to say if one had been raised that night you would have recollected it; why could you not have recollected if one had been raised any other night? A. I say when windows are raised I can hear it distinctly, because they make more noise than the door. Q. But do you recollect any other night in the month of March when windows were raised? A. Yes;, I recollect nig hts. Q. Do you recollect whether there was a window raised on the night of the 20thi of March in your house? A. No, I don't recollect. Q. Do you recollect whether there was any raised on the night of the 25th of March? A. I said I didn't know; I don't recollect that there was any raised that particular night. Q. Do you recollect whether there was any on the night of the 26th? A. No, I don't. Q. Any on the night of the 27th? A. No, I] don't recollect; I can't recollect exactly the time, but I know whenever the windows are raised we know it, for we speak of it nest day. Q. Any windows raised on the night of ' * " *" -- Q. Did that occur more than once? A. Yes, it occurred more than once. Q. Did it occur more than twice? A. I can't say how many times it occurred. Q. Did the Doctor go when he was called? A. He went when he was called. Q. Did you hear the dog,s bark the night that Ashburn was killed? A. I don't remember hearing the dogs bark that particular night; they generally bark at nig,ht. Q. Werethey not back in the servant's lot that night? A. I don't remember where they were that night; as I said before, they go all round the house at night. Q. 5light they not have barked and you not notice it? A. They attract the attention of us all when they bark; when one barks, all of them bark. Q. Did they attract the attention of all that night? A. I don't remember that they did. Q. Do not the doos bark at many little things about the house at night, such as raising the window, or anything of that sort? A. The raising of the window would attract the attention of the dogs. Q. Does not the opening of a door attract their attention? A. The opening o of the outside door would have attracted their attention-yes. Q. Do not the dogs invariably bark at night when a window is raised? A. They do. Q. Was any window raised in any part of the house that night? A. I don't remember that there was. Q. May it not have been so and you not remember it? A. If a window had been raised-a window was never raised in that house without attracting my attention, because they make noise when they are raised. Q. Mlay it not have attracted your attention and you not now remember it? A. If a window were raised it would have attracted the attention of the dogs. I don't remember that any window was raised that night; I don't remember hearing the dogs bark any more that night than they generally do. Q. Mlay not this have occurred and you not now remember it? A. I think I could remember the raising of a window more distinctly than I could the opening of a door, because the window would make more noise than the door; I think I could 99 MILITARY OUTRAGE IN GEORGIA. the 28th of March and spoken of next day? A. I don't remember. Q. Any on the 29th of March and spoken of next day? A. I don't remember. Q. Any on the night of the 31st of March and spoken of next day? A. I don't remember. Q. Was there any raised on the night of the 30th of March and spoken of next day? A. I don't remember that there was any raised on the night of the 30th of March. generally bark a great deal when Dr. Kirk sey comes near, because he has always been in the habit of teasing them; I never saw him quiet them; I never heard of him quieting them down, because they always bark when he is near, because he has always been in the habit of teasing them. Q. Have you conversed with your mother about her testimony here, since she was sworn yesterday? A. I have not conversed with my mother. Q. Have you heard her converse with others about this thing? A. I have not heard her converse with others. Q. Do you stay at the same place where she stays? A. Yes, I stay with her. Q. Have you been with her much since yesterday? A. No, I have not been with her much; I have been out most of the time; I was out all yesterday evening, and with my mother and a gentleman out last night; I was not alone with my mother have not been with her alone. Q. Did you say you have not heard her speak of her testimony? A. I have not heard her speak of it; she would not speak of it. Q. Has anybody else spoken to you about her testimony? A. No one has spoken to me about her testimony. Q. Did you not state that a Col. Moses spoke to you about it? A. I said Colonel Moses advised me not to read the examina tion; when he came he asked me if I had read it; I told him I had read the first part of it; he advised me not to read the latter part of it-the cross-examination; I did not read it; it didn't come out. Q. Did Col. Moses tell you anything that your mother had sworn? A. No, he did not tell me anything my mother had sworn. Q. Did anybody else tell you anything she had sworn? A. No, I have not heard anything that my mother swore. Q. Did you hear her evidence read over this morning here? A. I did not hear her evidence read over here. Q. When did you and your mother first converse about testimony you would give in this case? A. I don't remember; I conversed with Mr. Moses about the proof I could give; I don't remember any conversation with my mother about it. Q. When was that? A. It was a few days ago that I had a conversation with QCaD. Moses. Q. Did you never converse with anyr Q. Can you mention any night in March when the dogs did not bark-from recollection? A. No; the dons gen erally bark at night; it is a usual thin t f or them to b ark at night. Q. Do the y bar k ev ery night? A. Yes, sir; as a general th ing theybark at nimht. Q. Did they bark on the night Ashburn was killed? A. I don't remember that they barked any more that night than they.enerally do. Q. Do you remember that they barked at all that night? A. No, I don't remnember that they did. Q. You would not state they did not bark, would you? A. No, but I would state that they did not bark any more than they generally do, because if they had done so, it would have attracted attention. Q. Did they bark as much as they generally do? A. Yes, I suppose they barked just as much as they generally do. Q. Do you state from your recollection that they barked at all? A. I recollect that the dos bark nearly every night. Q. Do you recollect whether they barked that night? A. I hear them barking nearly every night, and I supposed they barked that night; I don't recollect. Q. When the Doctor's patients called at the gate, who usually quieted the dogs? A. I don't know who quieted the dogs; I didn't go out into the yard to see who quieted the dogs. Q. Anybody there who could quiet them? A. Yes, some of the family could quiet them. Q. Can any member of the family do it? A. Yes, some member of the family can quiet them. Q. Can't each member of the family do it? A. I don't know; I never saw them try. Q. Can Dr. Kirksey do it? A. They 100 Quest,ioizs by Brow?t. MILITARY OUTRAGE IN GEORGIA. one else about it? A.. Yes, I had stated to them that I could prove Dr. Kirksey's innocence. Q. To whom did you state that? A. I don't know; I don't remember to whom I had stated it; I may have said so to my mother or some of them; I don't remember. Q. Can you name no person? A. No; I may have said to my mother that I could have proved it. Q. How lon- after Ashburn's death before you and your mother first talked about it? A. This subject was discussed; we did not know, after they had made the first arrest, who would be arrested, and we commenced the discussion of the subject in order to locate the different members of our family on the night of Ashburn's death. Q. Did you then say you could prove his innocence? A. I say we were trying to locate where the different members of our family were that nig,ht; we did not know what the reason of the arrest was, and we merely discussed among ourselves as to where they were located; we knew nothing about-had no suspicion-of their being arrested for the murder of Ashburn, but merely for the purpose of locating the different members of our family, as they were mnaking arrests at the time. Q. When did you first say you could prove his innocence? A. I said I could prove his innocence when I heard of the trial here and that he had been arrested for the murder of Ashburn. Q. Did you never say so before that time? A. I knew nothing before that time as to what he was arrested for. Q. Had you ever thought about the necessity of proving his innocence? A. I never had thought of the necessity of proving his innocence before-never suspected his being arrested for the murder of Ashburn. Q. You have stated thatyou understood the first arrests were made on account of the persons arrested being Democrats. Is that the reason you thought it necessary to recollect the facts and prove his innocence? A. We did not know why any of the arrests were made; we merely discussed the matter; we wanted to know where the different members of our family were located that night; we did not know why the arrests were made: Q. If you believe that the arrests were made because the persons were Democrats, why did you locate Dr. Kirksey that night rather tha n on the nigh t b efore? A. Because they had commenced making arrests and we did not know who might be arrested; a ny o f the family might be arrested. Q. Were th ey arresting the m for being Democrats on any particular n ight? A. We supposed that they were arrested for being Democrats; we could assign no other reason for their arrest. Q. Was it for being Democrats on the night of the 30th of March, rather than the 29th of March? A. The arrests were made after the 30th of March, and of course we thought of that night. Q. Had the Democrats done anything that night that was peculiar that they hadn't done on any other night? A. No; the Democrats had done nothing; we knew not why the arrests were made, and merely located the different members of our family in reg,ard to that night after the arrests were being made the next day. Q. Did you think the arrests were made on account of their being Democrats on that particular night? A. I didn't know why the arrests were made. Q. Did you apprehend that Dr. Kirksey would be accused of getting up and going out after he had gone to bed of that particular night? A. I did not know what they might accuse him of, and we merely wanted to locate him. Q. Why did you want to locate him on that particular night, rather than any other nigit? A. Because they had commenced making arrests the next day after that night. Q. Did you suppose then that the arrests made next day were for something that occurred that nlight? A. I did not know why the arrests were niade-could assign no reason; we merely wished to locate the different members of our family; we didn't know what accusation was against them. Q. Did you suppose that the arrests were made that day on account of some occurrence that had taken place the night before? A. We did not know from what occurrence it sprung. Q. Did you suppose it was spoken of in the family that the arrests made that day were on account of occurrences that had taken place the previous night? A. The arrests were made on the nest day after that night, and of course we were discussing what had happened that night in our family. ,Q. Did you suppose the arrests made wrere made on account of anything that did 101 MILITARY OUTRAGE IN GEORGIA happen that night? A. I did not know what it happened from. Q. Did you suppose or believe it was so? A. I have answered that question. Q. No, you have not; I beg your pardon; did you suppose or believe the arrests made that day were made on account of anything that happened the nilght before? v. I said we did not know why. Q. I don't ask for your knowledge at all, but for your belief or supposition. A. I did not think of their being arrested f'om anythling that happened that night. Q. WA'ere you at home on the day after Asliburn's death? A. Yes, sir, I was at home. Q. AVere you there all day? A. Yes, I think I was there all day. Q. AWlhat time did you say you first heard of the death of Ashburn? A. I