to the several members of the commission the president thereof administered to the acting judge - advocate the oath prescribed by the sixty - ninth Article of War, the prisoner being present while the oaths were administered.
To the first charge Richard B. Crowder, the prisoner, pleads not guilty.
To the second charge Richard B. Crowder, the prisoner, pleads not guilty.
To the third charge Richard B. Crowder, the prisoners, pleads guilty.
JACK BLAIN, witness introduced, being duly sworn pursuant to the Seventy - third Article of War is examined as follows:
Question. Did you arrest the prisoner?
Answer. I was of the party. We arrested him on Friday night between Allen and Renick, betwixt 10 and 11 o' clock. We arrested him with another young man by name of Cunningham, I think.
Question. What was said or done by the prisoner?
Answer. We inquired of the prisoner after we arrested them if they belonged to any company. They said they had been with this company, and they said that Mr. Perkins - I think he said Major Perkins - had command of it and that they had been sent away on business. They did not state on what business.
Question. How near to the railroad were they?
Answer. About ten or fifteen feet.
Question. Did either of them in the presence of the other susbsequently state the business?
Answer. Cunningtham afteward told me, " We had been sent out on picket guard. "
Question. At the time you arrested this man was the railroad burning?
Answer. Yes, sir.
Question. Were they in view of it?
Answewr. Yes, sir; about ten of fifteen feet off.
Question. Could they feel the heat of it; were they near enough?
Answer. I should say so. There was a cattle guard on fire, and I should think it was not over ten feet from them.
Question. How was the fire set?
Answer. They threw up the track and piled wood top of it.
Question. From his coming up at that time you inferred he wasa memeber of the party?
Answer. Yes, sir.