War of the Rebellion: Serial 041 Page 0858 W. FLA., S. ALA., S. MISS., LA., TEX., N. MEX. Chapter XXXVIII.

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hanging him by the neck with a rope to a mesquite tree. Deponent saw the said Montgomery captured or kidnapped on the Mexican side of the Rio Grande on the morning of the day that he was murdered by the persons who hung him, together with others. Deponent saw the body of said Montgomery still hanging to the mesquite tree four days after the murder.

RICHARD PENDERGRAST.

Sworn to and subscribed before me this 11th day of December, 1863.

J. B. McFARLAND,

Judge of Provisional Court and Brownsville.

STATE OF TEXAS,

County of Cameron, ss:

I certify that the above affidavit is a true copy of the original now on file in my office.

A. G. BUDINGTON.

Clerk of Provisional Court at Brownsville, Tex.

[Inclosure Numbers 2.]

HEADQUARTERS THIRTEENTH ARMY CORPS,

Brownsville, December 15, 1863.

Brigadier General A. J. HAMILTON,

Military Governor of Texas:

Within the limits of this command we have not among its officers persons suitable and proper to conduct a delicate trial in a criminal case, when the evidence is scant and not apparently overwhelming.

I consider it very essential that Judge McFarland should act as judge advocate, or Government prosecutor on the trial of Hamilton. You will readily appreciate the necessity of it.

I request that he be made available for that purpose, and ask that you request him to call on me, that I may fully understand the matter.

I have the honor to remain, with much respect, your obedient servant,

N. J. T. DANA,

Major-General.

[Inclosure Numbers 3.]

HEADQUARTERS THIRTEENTH ARMY CORPS,

Brownsville, Tex., December 15, 1863.

Brigadier General A. J. HAMILTON,

Military Governor of Texas:

I have the pleasure of acknowledging your letter of yesterday, which was received in the afternoon, and which inclosed copies of your commission and your instructions from the honorable Secretary of War, in accordance with my request made of you day before yesterday.

I have attentively read those papers, and have also weighed your arguments which you used during the interview which I had the pleasure to have with you at the time above indicated with that respect and consideration which I surely feel not only for your personal standing and position, and the services you have rendered, but for the exalted station you occupy by appointment of the War Department, and I feel bound by my obligations of duty frankly to say to you that I am still of opinion (referring to the second and fourth articles of the treaty with Mexico of December 11, 1861, commonly known as the extradition treaty) that by the presence of this invading force, under my orders martial law alone prevails here, and that, therefore, the "civil authority" of this "State" is "suspended;" and as I am the senior officer in the State