Question. At what distance were you from the man you supposed to be the prisoner at the time you say you saw him?
Answer. I suppose about twenty or thirty feet.
Question. Did you seehim more than once, and what was he doing whan you last saw him?
Answer. I saw him for some time. When I last saw him he was marching away with the balance of the crowd. I was standing in full view of him for fifteen or twenty minutes.
Question. How frequently have you seen the prisoner in the last three or four years?
Answer. Very frequently except in the last year. Part of the time we have lived in the same town.
Question. Might you not have mistaken in the night another party closely resembling the prisoner for the prisoner?
Answer. No, sir; I know his voice as well as his countenance.
Question. Did you identify the prisoner alone by his countenance and voice?
Answer. By that and his person generally. I know of nothing else to identify a man by.
JOHN H. REED, a witness for the prosecution, being duly sworn testified as follows;
By the JUDGE-ADVOCATE:
Question. Where do you reside? What is your occupation?
Answer. Reside in Wellsville, Mo. l clerk in dry-goods store.
Question. Are you acquainted with him [the prisoner]? Howlong have you know him?
Answer. Am acquainted with him slightly. Hasve known himprobably five or six months. Never had much acquainted with him.
Question. Were you in Wellsville at the time the Wellsville railroad depot was burned? If so state when it was and udner what circumstances.
Answer. It was on or about 20th of December. I was sleeping in store and heard considerable noise in the street. Thought at first it was soldiers, and I would not get it being late. After awhile I discovered light. I raised up in bed and heard creacking and snapping of flames. I went out. The depot was in flames. There was a large body of men, some on horseback some on foot. There might have been forty or fifty, probably more, standing around depot, some hallooing, some singing songs, &c. I saw one car rolled down behind the flames, so that it might burn.
Question. Did you see prisoner at or about the time of the burning of the depot? If so where and what was he doing?
Answer. I saw prisoner standing in the crowd. He was either standing or on horseback; I think of foot.
By the PRISONER:
Question. How many times have you seen the prisoner?
Answer. Probably have seen him twenty-five or thirty times - fifteen or twenty times.
Question. Have you at any time, and when, transacted business with him or held communication with him?
Answer. I don't recollect of ever transacting business with him. Have had some conversation with him.