Question. Were you present at the burning of the Big River bridge?
Answer. I was notat the bridge but saw it from my house aburning.
Questio. Did you see any person engaged in the burning of bridge?
Answer. Yes, sir; I saw a good many men running down from the camp which they had capture on the hill, with something in their hands emitting smoke; appeared to be on fire. I was so far off I could not see the fire itself. I did not recognize Mr. Hearst in that crowd; I was so far off-300 or 400 yards-I could not recognize him, but recognized him after the bridge was on fire in the crowd going down the railroad line, and that was the last time I saw Mr. hearst until he was a prisoner.
Questio. How far were you from the accused when you recognized him?
Answer. I was close to him-a few paces off-as he passed my house. Can't say whether he was armed or not. He was going southward when I saw him. There had been a fight in the morning before bridge was burned between Jeff. Thompson's men and Captain Elliott. The latter were taken prisoners and disarmed after the fight at the bridge and the burning of it. There was also a fight at Blackwell Station.
Question. Did the fight at Blackwell [Station] take place after the bridge was burned?
Answer. After, sir; the firing was heard by me after I saw the bridge on fire.
By the ACCUSED:
Question. About how many men composed the army or company which passed your house going from the bridge?
Answer. I suppose there were about 140 or 150 men.
Questio. Was any portion of railroad track torn up on the south. Saint Francois side, of the bridge?
Answer. I think there were a few rails torn up.
There being no further questions to propose to the witness, the evidence he had given was read to him and he was dismissed.
The examination by the prosecution was here closed.
HENRY P. BATES, a witness for the defense, was duly sworn.
By the ACCUSED:
Question. Are you acquained with me?
Answer. Yes; I have known him since aboy.
Question. At what time did you see me last before my arrest and where?
Answer. I saw him about the 5th of NOvember at my place of doing business, called Morse's mills, on Big River, Jefferson County, mo.
Question. Did you request Captain Dover or other U. S. officer to arrest me, and at whose request did you do so, and for what reason?
Answer. I wrote to Captain Dover to go and arrest Mr. Hearst at his own solicitation. The reason, as he told me, using his own expression-that he had joined Jeff. Thompson's army; that he was not going back there, and wished to be arrested as a prisoners of war of the United States; also that he wished to avail himself of the ordinance of the State convention and of the proclamation of Governor Gamble. The reason of his request to be arrested instead of giving himself up, as he stated, was that he feared the punishment that would be inflicted on him as a deserter in case he should fall into the hands of the rebel army.
Questio. Did Captain Dover arrest me? If not, why
Answer. No sir; Captain Dover, being absent from his post, did not get my letter before he was arrested by Captain Miller, of the detective police.