Question. Did you see Sturgeon bridge while it was burning?
Answer. Yes, sir.
Question. Ws the prisoner there?
Answer. There iis no question of his being there, I know he was one of the crowd but whether he was right close at the fire I could not be positive. I saw him before the fire and afterward.
PRISONER. I can prove I was not there by respectable ladies. I know I was at home asleep that night.
WITNESS. I know that after the briidge was burned we went to Long Branch bridge and he was there. When we returned back when the last bridge was burned we returned to Sturgeon, anbd we as a body passed over the railroad. Mr. Tompkins did not return but he was arrested on his way back.
Question. You have no doubt upon your mind as to his presence?
Answer. I have not any.
Question. Have you not heretofore at a preliminary examination stated positively that he was there?
Question. And were you not thoroughly certain of the fact that of all you saw there his name suggested itself to your mind first?
Answer. I so recognized him.
Question. Have you any knowledge as to whether this man is an enrolled soldier in Priice's army?
Answer. No, sir; I have not.
Question. Is it your belief that he is?
Answer. I know nothing of that except I have no doubt by what he stated that he has been, but I don't know. I know that within the last few weeks a good many of them have returned from the army.
CAPTAIN FORBES, of the Twenty - second Missouri Regiment of U. S. Volunteers, was duly sworn pursuant to the seventy - third Article of War.
Question. State what you know of the prisoner being in arms against the United States.
Answer. When we turned off the main road down the lane that we went down before the fight I went down alone. I was to see if that was the lane, because we had a guide with us and he was not certain that was the lane. I went down the lane and discovered that was right, and he told me that was the place. I beckoned for the advance to come along, and just as we came along the pickets of their party turned in sight. They were not certain whether we were friends or foes and when we got whithin yards of them I halloed to them to halt and throw down their arms. We fired on them and knocked one of them. The prisoners I believe was shot throught the skirt of his coat. He threw his arms down. I went on and told some of the men to stop there. The major was behind me. That is about all I know of that case.
Question. Was this man one of the guard you have spoken of?
Answer. Yes; I had seen that man before then.
Question. State the circumstances.
Answer. The first time that Lieutenant - Colonel Morse went after Sweeney I went to where this man was diong business. I found two guns. He told me they were left for his own protection. I asked him when a man named Swabee had been there. He told me he had not been there for some time.
No further testimony being introduced, the commission finds the prisoner guilty as chare in the first charge and specification thereunder; also guilty as charge in charge 2 and as charge in specification