Question. Was it not McCurdy with whom Hussey was arguing?
Answer. It was.
Question. Was not the whole of Hussey's language simply replies to McCurdy who was trying to provoke Hussey?
Answer. I don't know.
Question. Have you ever known Hussey to comfort, aid or assist the enemies of the General Government since the 21st of October last?
(President objects on the ground that the answer to the question would be conclusion of law. Objection sustained.)
Question. Was not Hussey at that time simply quarreling with McCurdy, and were you not at the time satisfied that he was trying to provoke McCurdy?
Answer. They were not quarreling Don't think he was trying to provoke McCurdy.
Question. What did you think then - not what you think now.
Answer. They were always enemies, often talking about politics, one taking one side and the other side.
ALONZO McCURDY, a witness for the prosecution, being duly sworn testified as follows:
By the JUDGE-ADVOCATE:
Question. What is you age, place of residence and occupation?
Answer. Am fifty-two years old; live in Saint Louis; am engaged in selling game.
Question. Are you acquainted with the prisoner?
Answer. Yes, sir.
Question. State whether at any time you have had or heard conversation with prisoner about present state of the country; of so when, where and what was it.
Answer. I have heard him talk frequently about it. He has generally been rather rabid on the secesh principle.
Question. State whether you heard any conversation upon this subject held with the prisoner on or about the 7th of May last; of so where and what was it?
Answer. I did; in the fish market on Green street. He said, "Just wait till martial law was raised; we will travel nights, and we will slip behind you Union men and the first thing you know you will get this. " He had a knife in his hand when he spoke and drew across his throat. He said, "You made me take the oath. " I told him I did and did not deny it. He said he didn't care a damn for the oath. He then said he thought he had got even with me; that he had made me take the oath. I offered to bet him $10 I hadn't takenit. He then wanted to know what I had come down to the provost-marshal's office with a couple of detectives for. I told him that was further along.
By the PRISONER:
Question. Have you states all the conversation you had with him at that time and told all we said on this subject?
Answer. All on the subject of the oath. Not all of the conversation. I told him I thought all the secessionists in the country were thieves and traitors. He asked me if he had ever stolen anything fromme; I told him Numbers "Well," he said, "I am a secessionist. " I told him then: "Then you are no better than a thief. "
32 R R - SER II, VOL. I