War of the Rebellion: Serial 114 Page 0308 PRISONERS OF WAR, ETC.

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Question. State in what direction were the three soldiers coming when you was the accused point his gun at them.

Answer. They were coming sort of toward him. They were coming from an eastern direction and he was on the south side of the street.

Question. Were the soldiers in the public street and at what rate were they moving?

Answer. They were in the main street and in a pretty fast lope.

Question. Was the accused in front of them when he fired or on the side of the street?

Answer. He was on the side of the street and not directly in front of them.

Question. HOw far off the main street was the accused standing?

Answer. Somewhere from ten to twenty feet as well as I recollect.

Question. If the soldiers had continued their ride up the main street would the accused have been in the way?

Answer. No, sir; he would not have been in their way at all.

Question. Was the accused standing alone?

Answer. I do not remember seeing any person else by him.

Question. Were there any citizens or other persons about the street in the immediate vicinity of where the accused stood when he fired?

Answer. There were a good many citizens-about fifteen-standing around the store and in front of the street when I came to the door. I do not know how many or whether there were any opposite the street where accused was.

Question. Did you hear any report of fire-arms before the first one heard by you as mentioned in your statement?

Answer. No, sir; I did not.

Question. How was the accused dressed?

Answer. He was dressed in common citizens' clothes; had on no soldiers' clothes; nothing particular about his dress; no badges or rosettes; I did not see any.

Question. When you saw the accused raise his gun and point it at the soldiers did you see any smoke or the flash?

Answer. I can't say whether I saw any smoke or not. I just heard the report and supposed it was no other gun but his.

Question. Are you quite certain that the report came from the gun in the hands of the accused?

Answer. Well, I can't say that I know it did byt I can't say where else it came from.

Question. Was the accused standing openly on the side of the street or was any attempt at concealment made?

Answer. He was standing openly in the street; no attempt at concealment.

Question. Before the time of the shooting were there any rebel soldiers in the street or town or armed bodies about?

Answer. I did not see any armed bodies about but there were some eight or ten men in our store wanting to get some buckshot. They were dressed in citizens' clothes and could not tell what they were.

Question. Did you see the accused at any time that day before you saw him with his gun pointed?

Answer. I do not think I did.

Question. At about wat time of the day did the occurrence alluded to take place?