any kind in his possession. In behalf of Michael Murphy no evidence is presented. On the part of the prosecution, it is deposed by Robert Kimball, a soldier, that he saw "one of the Murphys' (whose first name he does not know) fire "twice" at himself. George McNutt (a soldier) further testifies as follows:
Saw three of the Murhpys engaged in the fight; one of them was Miles; the other two were his sons. These two young Murphys had guns in their hands. I saw them draw their guns up to their faces as in the act of shooting. They seemed to be pointing at me. I was then trying to get out of their way, and could not say whether they fired at me or not. The old man Murphy seemed to be engaged in loading the guns and handing to others to shoot. These guns seemed to be taken out of a wagon; also saw the old man have a pistol in his hand.
Another fact which goes to establish the participation of the Murphys in the assault is that Freesner, the soldier who was detained as a prisoner by the insurgents, was confined under guard, on the night of the 28th, at the Murphy house.
Miner Shelborne.-There is no testimony in regard to the active participation of this man in the firing. On the morning of the 29th he was captured at the house of the Murphys while engaged in guarding Freesner, the soldier taken prisoner by the insurgents. Freesner states that when going toward the railroad station, just after the firing, he was arrested by a band of about 20 rioters and forced to accompany them till late at night, when he was placed under guard of Shelborne and others and confined as aforesaid. Mrs. Murphy represents in her affidavit that when the prisoner was brought to her house, Shelborne said that Freesner was "put in his charge till morning," and that he "seemed to be the one in control."
William P. Hardwicke.-In behalf of this party it is represented that on the 28th he ear traveling at some distance from Charleston, on his way from Edgar County, Ill., with a company of persons who were starting for the Nevada gold mines; that he staid that night at the house of one Davis; and that early the next morning he visited the house of his uncle, Samuel Hardwicke, which was in the neighborhood, and was there arrested; further, that he was not at the house of the Murphys before this arrest. This testimony, however, is somewhat confused, and Freesner testifies positively that when he was released by the Union soldiers, early on the morning of the 29th, Hardwicke was engaged with Shelborne in guarding him. His language is: "William Hardwicke and Miner Shelboren were on guard when the Union soldiers came up and took them, and released me." He adds also that James Hardwicke and Jordan E. Hardwicke were at the house at the same time, and were arrested by the soldiers. These two men were afterward discharged. Their relationship to the accused is not set forth.
Upon a review of the testimony in these several cases, it seems quite clear that all the above-named prisoners (except the two last) were implicated in the murderous assault which has been detailed, and it is urged that all of them (with these exceptions) be forthwith brought to trial upon the charges mentioned in the letter of instructions from this office of the 27th ultimo.
It is not merely because these men have engaged in murder, assassination, riot, and brutal assault that their prosecution before a military tribunal is thus urged. It is because they have conspired to aim a most deadly blow at the supremacy of the Government at a time when it is engaged in a struggle for its life, and when the villainy of the traitor at home is as fatal and as keenly felt as the hostility of