Question. Did he claim that any one else had assisted him in recriting these men?
Answer. He did not.
Question. When did he claim to have received those orders-before recruiting these men or afterward?
Answer. He did not specify and further than having the order to destroy the railroad. I would say in Captain Owen's favor that he distinclty scouted the idea of having any connection with Cobb and such jayhawkers. He disclaimed any participation with them.
Question. Did he claim to have any commission or authority before proceeding to recruit these men?
Answer. He did not that I recollect of.
Crosse-examination by DEFENDANT'S ATTORNEY:
Question. Did he state whether he actually destroyed the road or that he only collected his men for that purpose?
Answer. He stated that they assembled at the sugar near Wingfielf's Saw-Mill for the purpose of destroying the road and after did their work dispersed.
Question. You say he did not show any written orders? Did he not say that his papers were in his trunk and that he had destroyed the orders to brun the road?
Answer. To the best of my recollection he did so state.
Re-examination by COMMISSION:
Question. Did he state why he had destroyed the order to burn the railroad.
Answer. He did not state why.
The testimony on the part of the United States is hereby closed.
Testimony on the part of the defense:
MARSHALL BOSWELL, being produced, duly sworn and examined on the part of the defense testifies as follows:
Question. Are you acquainted with the defendant-John W. Owen?
Answer. Yes, sir; I am somewhat acquainted with him.
Question. Were you present at Thomas L. A. Anderson's, at the Nine-Mile Prairie, on or about the 13th of December last?
Answer. I was.
Question. Did you see the defendant there at that time?
Answer. I did.
Question. Will you state what you saw and heard about the defendant's raising and mustering in a company into Price's service on that day.
Answer. There was a company raised there by a gentleman from Price who said he has a recruiting officer. Mr. Owen then was elected captain by that company. They were sworn into the serice byt the same gentleman.
Question. What was the gentleman's name?
Answer. His name was Grant. I do not know what his given name was.
Question. For what period were they sworn in?
Answer. For twelve months.