Cross-examination by the COURT:
Defendant was on the railroad and helped tear it up. He was sworn into Meyers' company at George Harvey's house by Meyers. I think he was in Jeff. Jone's camp. I did not know of his being with Price. After the railroad was destroyed I next saw him at Williamsburg. After railroad was destroyed we all went home to get our blankets. The prisoner had arms at Wellsville. He went up to Mount Zion.
WILLIAM J. NORRIS being produced, duly sworn and examined on the part of the defense testifies as follows:
I saw Meyer's commission. I saw it on the 14th of December at Moses', one mile and a half from where I lieved.
Cross-examination by the COURT:
This is the first time I ever saw Meyers' commission. I know that this man was enlisted before railroad was torn up. Meyers' commission stated that Meyers was authorized to raise recruits I think for Harris' command. Meyers told his men he was a commissioned officer. It was generally believed that Meyers was a commissioned officer. We thought it was Price's orders to tear up railroad and that we had to do it. I do not know whether it was all right or not.
Colonel THOMAS MORTON being produced, duly sworn and examined on the part of the United States testifies as follows:
I believe that he came and gave himself up as prisoner of war. At that time I had more prisoners than I could take care of, &c. I took his parole for ten days and he reported and then gave him a parole of ten more, and in the meantime I got informtion from General Schofield-a letter giving the names of a number of men engaged in destrying the railroad. Amongst the rest was this man's name. He ordered me to arrest them. I arrested this men. He came in on the 13th to report as his parole ordered and I held him as a prisoner. There were inducements held out to him to come in. Some of his neighbors told me that there were some young men in the neighborhood who would give themselves up if they would be released on oath. I told them that they would be released. This man came and gave himself up. The word was carried to him by his friends, and he gave himself up believing he would he held as a prisoner of war and released on oath. The conditions attached to their coming in were that if they would come in, give up their arms and take the oath they should be released. It was stated to me that these men had done nothing except take up arms and that there were no other charges against them. These representation were made to me by friends of the prisoner.
The prisoner here made his voluntary statement which is herewith annexed and made part of his record, marked Exhibit A. The case is here submitted to the court.
The proceedings were read over and the statement of the parties being thus in the possession of the commission the court was closed for deliberation, and after having maturely considered the evidence adduced find the accused, William Shearin, as follows:
Of specification, first charge, guilty.
Of first charge, guilty.
Of specification, second charge, guilty.
Of second charge, guilty.
Of specification, third charge, guilty.
Of third charge, guilty.
And the commission do therefore sentence the said William Shearin to be shot to death at such time and place as the commanding general may direct.
SAML. A. HOLMES,
Lieutenant-Colonel and President of Commission.
Captain, Judge-Advocate of Military Commission.