the military service of the so-called Confederate States did knowlingly, secretly and unlawfully enter the lines occupied by the military forces of the United States, and while being so within their lines did take up arms and commit acts of hostility within the same, and in like manner did advise and procure others residents of the said country to become insurgents and to then and there take up arms and commit acts of hostility contrary to the laws and customs of war.
CHARGE 2: Destroying railroad and railroad property.
Specification. - In this, that the said William Mathews of Company A, Callaway Rangers, on or about the 20th day of December, 1861, in the counties of Montgomery and Audrain in the State of Missouri and within the lines occupied by the troops of the United States did unlawfully, wilfully and maliciously tear up, burn and destroy the rails, railroad ties, track, bridges, depots and other property of the North Missouri Railroad Company (so-called) contrary to the laws and customs of war in like cases.
CHARGE 3: Aiding and abetting in the destruction of railroads.
Specification. - In this, that the said William Mathews of Company A, Callaway Rangers, on or about the 20th day of December, A. D. 1861, in the counties of Audrain and Montgomery in the State of Missouri and within the lines occupied by the troops of the United States did unlawfully, wilfully and malicioulsy meet with certain unlawful and armed bands and advise and counsel the destruction of the North Missouri Railroad track, bridges, buildings and other property of the North Missouri Railroad Company (so called) and did then and there in pursuance of such advice give aid and assistance to said persons in the destruction of said railroad contrary to the laws and customs of war in like cases.
Captain and Judge-Advocate Military Commission.
The judge-advocate then asked the accused, William Mathews: "You have heard the charges preferred against you; how say you, guilty or not guilty?"
To which the accused, William Mathews, pleaded as follows:
To specification first charge, not guilty.
To charge 1, not guilty.
To specification, second charge, not guilty.
To charge 2, not guilty.
To specification, third charge, not guilty.
To charge 3, not guilty.
The accused, William Mathews, had been previously asked if he had any objection to any member of the commission and he answered he had not.
The commission then proceeded in the examination of the case of William Mathews as follows:
BENTLY HAYS, a citizen of Callaway County, Mo., being produced, duly sworn and examined on the part of United States testifies as follows:
Question. Are you acquainted with the prisoner, William Mathews?
Answer. I know him though I have not had any acquaintance with him only since I was made prisoner. I know him when I see him. I never saw him before taken prisoner that I know of. The first time I saw him was in Montgomery City that I know of. This was after I was taken a prisoner. If I ever saw him befoe I do not know it. He was then a prisoner. He was in the charge of Captain Lanius, Eighty-first Ohio. I don't know that he belonged to Meyers' company. I never saw him at any of the meetings of the company at Laile's pasture and Wingfield's. Meyer's company was concerned in the destruction of the railroad. I met at Laile's pasture, went to Wingfield's and from there to the railroad an destroyed it. I did not see Mr. Meyers make any member of the company take an oath of secrecy. I do not know that such an oath was taken.
JOHN [R.] HAYDEN being produced, duly sworn and examined on the part of the United States testifies as follows:
I know the prisoner, Mr. Mathews. I have know him some four or five years but have not been intimately acquainted with him until we were imprisoned toghter. He lives in Montgomery County, on Elk Horn, some six or seven miles north of Montgom-