Question. About how many of the men were engaged in holding horses?
Answer. I could not say exactly. I judge there were about five men more or less.
Question. Reflect and see if the dependant was not one of those five?
Answer. I could not say for certain whether he was or not.
Question. Where those holding horses in the immediate vicinity of those treating up the road?
Answer. They were tolerably close by.
Question. When did Meyers first tell his men that they intended to destroy the railroad?
Answer. At the kiln near Mr. Wingfield's on the evening of the night it was done?
Question. Was the defendant present at the time?
Answer. Yes, I think he was. I could not say for certain but I think he was.
Question. Was the matter of treating up the railroad spoken of at any time on your way from the brick-kiln to the railroad?
Answer. Not that I recollect of.
Question. Was it spoken of at any time before you got to the brick-kiln?
Answer. If it was I never heard it. I knew nothing of it till we got to the brick-kiln.
Question. In what way was it made known at the brick-kiln that their intention was to tear up the railroad on that night?
Answer. Mr. Meyers told us at that time and I think he said it was his orders.
Question. Was it told to the whole company present at that time?
Answer. I think all were present. He hold it out so all could understand.
By the COURT:
Question. After the time you met at Harvey's house did the company keep together or did they go home?
Answer. They went home.
Question. These men dispersed always when they met and met when called togther I suppose?
Answer. Yes, sir.
Question. How many times did they meet from the time they were sworn in until the time the railroad was destroyed?
Answer. I think they met but once-at Laile's pasture.
JOHN R. HAYDEN being produced, sworn and examined on the part of the United States says:
I know the defendant, William Combs. I have known him about two months. The first time I saw him was at a party on Loutre Creek in the edge of Callaway. It was at a kind of a dance. He lives in Montgomery County; I don't know exactly where; I was never at his house. I live in Motgomery City. He belonged to Meyers' company, or was with it. I did not see him sworn in; I couldn't say for that. I first saw him with Meyers' company at headquarters in Laile's pasture. I think he was there the evening we met when we tore up the road. We went from Laile's pasture to the brick-kiln at Wingfield's place. These meetings were to organize. I was there at Laile's but twice-the time that we met to destroy the road and the time we met to leave the country. I suppose theere were about thiry at the brick-kiln; I did no count; I think the defendant was there. We went to the section-house on the railroad above Montgomery city and commenced tearing up the