Question. Could Major Nye have gotten into the fort without difficulty without the countersign, and if the corporal of the guard could not be found?
Answer. He is supposed to have the countersign. My instructions to the sentinels were to pass officers without the countersign when recognized. When we searched for Major Nye, I asked the sentinel at Post No. 1 and the one of the sally-port if they had seen him, and they said they had not.
Question. Have you no other reason for supposing that Major Nye was at the hospital than that you could find him nowhere else?
Answer. Another reason is, that if Major Nye were outside the fort he could have returned had he desired to do so.
The evidence of Captain James Miller was here closed.
First Lieutenant GEORGE H. KIMBALL, regimental adjutant, Fourth Regiment Infantry, Corps d'Afrique, was then duly sworn by the judge-advocate.
Question. Please state your name, rank, and the position you held on the 9th instant.
Answer. George H. Kimball, first lieutenant and regimental adjutant, Fourth Infantry, Corps d'Afrique, detailed as post adjutant at Fort Jackson and Fort Saint Philip.
Question. How did the disturbance on that day begin?
Answer. The men fell in front of their tents about 6.30, and commenced shouting and firing.
Question. What did Colonel Drew do?
Answer. He came out of his quarters; went down into the parade. I saw him about twenty minutes after, talking to the men, trying to quiet them. I stood on the platform of my quarters about ten minutes before I went down into the parade. The other officers were in the parade when I went down there, talking to the men; trying to get them to put their guns up.
Question. Did you see Major Nye?
Answer. Not until after the disturbance was stopped.
Question. Do you know what the cause of the disturbance was?
Answer. It was Lieutenant-Colonel Benedict's whipping two music boys.
Question. Did you see him whip them?
Answer. I saw him whip one, Harry Williams, with a large whip resembling a wagon whip. I saw him strike five or six blows severely. The boy had his coat off.
Question. How do you know that this was the cause of the disturbance?
Answer. Because in less than half an hour after it happen the men began to fall in, and we had never had any trouble before.
Question. Were any of the shots fired on that evening aimed as if intended to take effect?
Answer. I do not think they took any aim; some struck the officers' quarters; I saw the marks of two. I think these were accidental.
Question. Did you ever see Lieutenant-Colonel Benedict maltreat any men before that?
Answer. I never saw him.
Question. Have any men ever complained to you of his treatment of them?
Answer. Not to me.