War of the Rebellion: Serial 114 Page 0496 PRISONERS OF WAR, ETC.

Search Civil War Official Records

Question. Examine the paper now handed to you and state whether the oath therein contained was duly taken and subcribed before you, and whether the signature to the jurat is yours and the seal your official seal?

Answer. This oath was sworn to me by the prisoner on the day therein stated.

(Oath referred to was here given in evidence by the prosecution and is hereto attached.)

By the PRISONER:

Question. Did you read the oath to Hussey before he signed it or did he read it before signing?

Answer. My impression is he read it.

Question. Are you certain he read it?

Answer. I cannot recollect positively. It is a rule withme to inquire from every one to whom I administer these oaths whether they know what they are singing, and whether they are doing it voluntarily. My impression is Mr. Hussey read the oath and took it voluntarily.

Question. Was it not very common in the provost-marshal's office at that time owing to the press of business to administer oaths which theyhad signed without reading?

Answer. It was not my custom.

CALEB BUSY, a witness for the prosecution, being duly sworn testified as follows:

By the JUDGE-ADVOCATE:

Question. What is your age, placeof residence and occupation?

Answer. Am twenty-three years old; live in Saint Louis; am in fish business.

Question. Are you acquainted with the prisoner, Joseph P. Hussey?

Answer. Yes, sir.

Question. State whether lately you have had or heard any conversation with the prisoner about the present state of the country; if so when, where and what was it?

Answer. About a week or ten days ago I heard prisoner arguing with a man about politics. The other man said Floyd and all the other secessionists were thieves and traitors. Prisoner said, "I'm a secessionist and I'm not a thief and a traitor. " He said after martial law was over they'd be going around and doing this (drawing his hand across his throat.) This was in the fish market corner of Third and Green streets, Saint Louis. M. B. Curtis, A. McCurdy and another man; do not know his name.

By the PRISONER:

Question. Were they, Hussey and McCurdy, bitter enemies at that time?

Answe. I believe they are; McCurdy never goes into his house.

Question. Who commenced the argument that you speak of?

Answer. I could not positively tell. Think McCurdy commenced it.

Question. Have you not heard McCurdy threaten to have Hussey punished by the military authorities for private injures done him by Hussey?

Answer. I never heard him so threaten him.