Question. Are you acquainted with Doctor Foster?
Answer. Yes, sir.
Question. You were one of the grand jury when Doctor Foster's case was up for consideration in Saint Louis?
Answer. Yes, I was a juryman when his case was presented.
Question. Tell the court what you know of one Moss having testified to a conversation with Foster.
Answer. My recollection of it is that he did not say Foster went to his house. My memory thought on that point may not be very district. My attention was called to this matter, however, specially. Mr. Moss as well as I recollect said that he was Foster at Monroe or Hunnewell, and that Doctor Foster told him he intended burning Salt River bridge and that he left direction of Salt River bridge and went there, and that soon after he saw the smoke and that a subsequent meeting he said he had burned it.
Question. Your best recollection is that Moss testified to that effect?
Answer. That is my best recollection of the testimony. I recollect very distinctly that the jurors or most of us believed there was testimony ample to predicate a bill upon, and we were about doing so having two witnesses to the same confession of the overs act, but were informed by the two witnesses to the overt act itself, and that his confession amounted to nothing at all unless it was made in open court.
Question. That was on a proposition to indict for treason?
Answer. That is so. This was considered by us an act under the charge of treason. Two witnesses testified to the acknowledgment of the same fact - that he was at the burning and that he set it on fire, or was with the party.
Question. You are satisfied in your own mind that two witnesses testified to the acknowledgment, and that basing your opinion upon the acknowledgments made by him and sworn to by two witnesses you would with other jurors have charged treason had it not been for the counsel of the district attorney?
Answer. Yes, sir; you exactly state the case.
Question. Who was thge second witness?
Answer. I think it was Mrs. Evans. I am under that impression.
Question. But if she was not the party it was somebody else?
Answer. I know for certain it was given in evidence by two witnesses, and I think she was one of them and I know Moss was the other. I know we hunted over the testimony and the grand jury instructed to draw up a bill, and it would have been drawn up and signed for the instructions we received of the district attorney.
Question. If mistaken as to the person, you are confident you are not mistaken as to the fact?
Answer. Not as to the fact.
Question. About what time was this?
Answer. In July last.
Answer. At Saint Louis.
Question. Do you or did you know where Foster was at the time?
Answer. I knew Foster had been absent some time from Hannibal. For some time previous to my leaving for Saint Louis I had heard a great many reports as to his being out with guerrilla parties but did not of my own knowledge know his whereabouts.