Question. Are you acquainted with Thomas S. Foster?
Answer. Yes, sir; I have been very well acquainted with him in former days but not lately.
Question. Do you know anything about the burning of certain cars at Hunnewell or of the Salt River bridge?
Answer. No, sir; I went out to fix them up, but I don't know who done it or anything about it.
Question. Did you hear anything of the burning?
Answer. Yes, sir; I tried to get over.
Question. How long after the bridge was burned?
Answer. The next day.
Quesstion. Do you know anything of the parties who were present at the burnings?
Answer. No, sir; I was no nearer than Hannibal.
Question. What do you know in relation to whether Thomas S. Foster was engaged in either or both of those burnings?
Answer. I don't know that he was engaged in or not. All I know is that about the time the hone guards were organized at Hannibal a good many of my friends was down on me for joining and the doctor and me had a good many talks about it one way and the other, and when the time the Sixteenth Illinois came (that was the first troops that landed at Hannibal) it bothered the doctor a good and I told him there would be a good many more than there here if they did not behave themselves, and he said he would be one of the men what would tear up the whole railroad before they should travel on it. I told him he way crazy and I thought it was nonsense for him to talk that way.
Question. What time was that conversation-during what month?
Answer. I don't recollect. I think maybe it was in June.
Question. Might it have been in July?
Answer. Yes, sir; but I think if so it must have been early in the month.
Question. Was it before the burning of the bridge?
Answer. O, yes; it was before any great fuss was got up anyhow. His remark was he would be one to burn or tear up the railroad before they should travel over the road. I dont' know if he said or tearn up.
By the PRISONERS:
Question. Where were we when that conversation took place?
Answer. On the plank sidewalk I believe.
Question. What brought it up?
Answer. I don't exactly remember now. I did not charge my memory with it anyway, but think it was the troops-talking about them that brought it up; they were going through to some place. I think that was it but am not positive. The troops though I am certain brought it up and you were opposed to the troops traveling on the road entirely.
The prisoners having declined to call any witnesses and having also declined to present any defense, the statements of the parties being thus in possession of the court and the court being cleared for deliberation and having maturely considered the evidence adduced find the accused, Thomas S. Foster, as follows:
Of the first specification, not proven.
Of the second specification, guilty.
Of the thid specification, guilty.
Ot the fourth specification, guilty.
26 R R-SER II, VOL I