Answer. Everything passed off very quietly until 5.30 p.m., when Lieutenant-Colonel Benedict did take two acting musicians and flog them. During the time that he was flogging them, there was a crowd of unarmed men assembled at the sally-port. After flogging the men, Lieutenant-Colonel Benedict dispersed the men, and they went to their quarters, and appeared to be very quiet; they went to their quarters, and plotted among themselves for a general insurrection. At 6.45 they rose up in arms, and went to the center of the parade, and commenced firing into the air. They were about half the regiment. During the time I went to fall in my guard, they would not take part against their comrades, and from 5 to 8 of the guard joined the insurrections. The insurrections then scattered over the parade, and discharged their guns into the air and at the officers' quarters, crying out, "We know what General Grant told us," meaning Adjutant-General Thomas. They then went to the guard-house and released the prisoners, 3 or 4 in number. Even those who did not join the insurrections would not obey orders. They then went outside the fort, and returned in greater force. Colonel Drew made his appearance upon the parade, and ordered the well-disposed to fall in, the company officers to march the companies on the parade in close column, then to form square. He got in the center of Frank Williams, Company I, rushed up to me, exclaiming, "God damn you! I have been looking for you all night;" and made two thrusts at me with his bayonet, striking me on the belt-plate. Then Colonel Drew dismissed them, and they went to their quarters, and acted very peaceably. They were brought back to duty to coaxing. The reason that the men were displeased with Lieutenant-Colonel Benedict was because he formed a habit of going around at inspection, and if a man's dress did not times. I saw him whip two musicians on the 9th. He whipped them severely with what I took to be a rawhide. I was stationed at Fort Saint Philip when Lieutenant-Colonel Benedict was in command there, and there was a great deal of discontent among the men there on account of his severe treatment. The men were very much enraged on the 9th, and would undoubtedly have killed Lieutenant-Colonel Benedict if they had caught him.
Question. If officers had fired upon the men, what would have been the result?
Answer. I think they would have killed and officers. One officer took a rifle on the parade, and one of the men snapped his piece at him.
Question. What has been the conduct of the men since?
Answer. Perfectly quiet. The men think that they have gained their point in getting rid of Lieutenant-Colonel Benedict, and they are quite content.
Question. Were any of the men under the influence of liquor?
Answer. I don't think they were.
Question. What did Colonel Drew to quiet the men?
Answer. He told them to go to their quarters and be quiet; that Lieutenant-Colonel Benedict had done wrong, and that he would see justice done, and that it they did not go to their quarters they would get themselves into trouble. He was there from first to last, and was not in any way afraid of them.
The court then adjourned to meet to-morrow morning at 8 o'clock.
F. J. HERRON,
Major-General Volunteers, President Military Commission.
G. NORMAN LIEBER,
Major, and Judge-Advocate.
December 13, 1863-8 a.m.
The court met pursuant to adjournment.
Present, all the members. The proceedings of the previous day were then read and approved.
The examination of Captain James Miller was then resumed.
Question. You say that the men said that they knew what General Grant said to them, meaning Adjutant-General Thomas, who made a