War of the Rebellion: Serial 041 Page 0468 W.FLA., S.ALA., S.MISS., LA., TEX., N.MEX. Chapter XXXVIII.

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speech here to them. To what portion of the speech did they allude? Can you give the words?

Answer. General Thomas addressed the officers, and told them how to treat the men. He then addressed the men, and told them that if the officers maltreated them in any way or struck them, he would dismiss them. The address was made at Fort Smith Philip, in the presence of both officers and men. Lieutenant-Colonel Benedict was not present on duty. He might have been present, not on duty. This was about the first week in September.

Question. Did you see Major Nye during the evening of the 9th instant, and what part did he take in quelling the disturbance?

Answer. The major left his quarters about 6.45; I did not see him again until about 10. Colonel Drew and I searched for him about an hour after the disturbance, thinking he had been killed, but couldn't find him. About 10 o'clock Major Nye returned to his quarters.

Question. Do you know where Major Nye was?

Answer. He was not inside the garrison, and nowhere to be found.

Question. What was the conduct of the other officers?

Answer. Very good, indeed. They used their utmost endeavors to put down the mutiny, and finally succeeded. They endeavored to quiet the men by talking to them. They did not use force; there was no opportunity to use force. Some of the men said to me, "Go way; we didn't with to hurt you, but if you don't go away we will kill you."

Question. Have you ever seen Lieutenant-Colonel Benedict maltreat any of the me besides whipping the two music boys?

Answer. I have seen him, in the month of August, at Fort Saint Philip, spread a man out his back, drive stakes down, and spread out his hands and legs, take off his shoes, and take molasses and spread it over his face, hands, and feet. Lieutenant-Colonel Benedict ordered this punishment, and was present part of the time. The man lay there a whole day, and was put out again on the next day, though I do not know how long he remained on the second day. I have seen him strike men on other occasions. I have seen him strike men on parade without any cause whatever, while under arms. It was a common thing.

Question. You say that the men fired at the quarters of the officers while they were sitting in them. Do you mean to say that officers were sitting in their quarters when the mutiny was going on?

Answer. I do not. The officers were alarmed by the firing. They were not aware that anything of the sort would occur until the balls came through the quarters.

Question. Where did Lieutenant-Colonel Benedict remain during the night, and were any extra precautions used to prevent the men from getting hold of him?

Answer. He was in the quarters of Captain Merritt and Lieutenant Bebey until about 10 o'clock; then went to his quarters, and he requested me several times to take him outside of the fort to the Suffolk. I told him he was safer inside. He remained the rest of the night in his quarters, the major's quarters, and the adjutant's office.

Question. What reason have you to suppose that Major Nye was at the hospital?

Answer. Because we searched every place where officers are in the habit of resorting, except the hospital.

Question. Were you with the crowd of men who came down to the levee?

Answer. I was not.

Question. Do you know that Major Nye was not with the crowd of men who came down to the levee?

Answer. I do not. I know that he did not come back with them.