War of the Rebellion: Serial 114 Page 0492 PRISONERS OF WAR, ETC.

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By the PRISONER:

Question. What has been the general reputation of the prisoner as a law-abiding citizen during the period you have known him?

Anwwer. Prior to this rebellion he had been a peaceable citizen. Since then I kno nothing except what I have given testimony about above. For the last year I have seen little of him.

Whereupon at 4 p. m. the court adjourned until to-morrow at 10 a. m.

LEWIS MERRILL,

Colonel and President Military Commission.

ROBERT A. HOWARD,

Judge-Advocate and Recorder Military Commission.

FRIDAY, May 16, 1862.

Court met pursuant to adjournment, all the members present, and proceeded with the trial of J. H. Norris.

JAMES HOWARD, a qitness for the defense, being duly sworn testified as follows;

By the PRISONER:

Question. State your name and place of residence.

Answer. James Howard; live in Callaway County.

Question. Do you know the prisoner. And if so how long have you known him?

Answer. I have known him som five or six months.

Question. Were you at Wellsville the night of the 20th of December last? If so state fully what was your business there and who you were with. State all the facts fully.

Answer. I was there. I was with a company of our men. Captain Meyers was captain of our company. The company was organized in Lane's [Laile's] pasture. On the night of December 20 company went to Montgomery City and above Montgomery City commenced tearing up track. We marched to Wellsville tearing up track, &c. I did not assist; was standing guard. I was forced into the matter by the officers of the company. Got to Wellsville at about midnight. Cuth the flagpole; tore the flag. We then uncloked a store and loaded a wagon with goods. The captain told me to take charge of goods as guard and started wagon out of Wellsville. Got off some 100 yards. Looked back and saw depot in flames. We were in Wellsville some three hours before depot [was burned].

Question. Did you see the prisoner that night? If you say that you did not, state whether he could hae been with your party that night without your knowing it?

Answer. I did not see him. Think he could not have been with our party without my knowing it.

Question. Had you any knowledge of his being with your company in Wellsville that night?

Answer. I have not.

Question. Was William H. Norris at the depot-burning you have mentioned? If so state whether he resembles in his personnel the prisoner.

Answer. William H. Norris was there; resembles prisoner right smartly.

Question. Was it your business to stand guard that night and be on the lookout? Did you do anything else?

Answer. Did nothing else but stand guard that night.