Question. Did I go voluntarily to you and propose my arrest, and where was I arrsted?
Answer. He came voluntarily to me and asked me if I could not have him arrested. I cannot say of my own knowledge where he was arrested; but before leaving I said to him, "William, where will you be found in case I send some one to arrest you?" And he answered that he would be found at home. At the time alluded to Mr. Hearst appeared quite penitent and could not speak of the subject without tears. I was not aware, at the time, that he was in the neighborhood.
Question. Do you know my past reputation as a citizen? and if so what has it been?
Answer. I have known Mr. Hearst for a long time; his general reputation was good-a good neighbor and fast friend when he was attached to any person. In point of education, very limited; he seldom reads. I would state that the present position of Mr. Hearst before this court was brought about by my advice to him.
By the JUDEGE-ADVOCATE:
Questio. Was he at home or in such position in regard to U. S. forces that he could or would have been arrested whether you had written to Captain Dover or not?
Answer. If he had not followed my advice and gone home he could have avoided being arrested.
Question. Was he within the lines of the U. S. forces at that time?
Answer. Yes, sir.
There being no further questions to propose to witness the evidence he had given was given was read to him and he was dismissed.
JOHN TOMBS, a witness for defense, was duly sworn.
By the ACCUSED:
Questio. Are you acquanted with me?
Answer. Not personally.
Questio. State your knowledge of my acts showing an intention to avail myself of the benefit of the amnesty provoded by the ordinance of the Missouri State convention passed on 16th October, 1861, before the time of my arrest.
Answer. On or about the 3rd of November lst the brother of the accused came to me and said that he and his brother had come home with the intention of staying at home. He requested me to go to see Colonel Lawson the next morning (Monday) and state to Lawson that they had come home with the intention of staying, and to ask his advice whether they had better deliver themselves up to him or to troops at Big River bridge. I went to Lawson next morning, and he said he would go with them up to the force at Pilot Knobm, if they would go up there with him. He said that if they would deliver themselves up as prisoners of war he would take them up to Pilot Knob. He told me to go back and tell them to keep out of the road until he could go up with them, as he had to go to Saint Louis, and would not be able to go up with them for a few days. I came back about 1 or 2 o'clock same day and told George Hearst, brother of accused, the message Colonel Lawson sent, and to tell his brother to keep out of the way until he, Lawson, returned from Saint Louis, for the reason that the troops at Big River bridge would treat him very roughly if they took him. There was a sick child at George's house, so that he could not go down to his brother William's house until Wednesday morning, and in the meantime they came and took his brother. The brother of accused came back the same evening and told me that brother William was taken. George Hearst delivered himself up to Colonel Lawson, took the oath of allegiance, and is now at home with Lawson belongs to U. S. forces.
There being no further questions to propose to the witness the evidence he had given was read to him and he was dismissed.