Question. Did you ever have any conversation with Valentine Gerber about a man you intended to have punished by the military authorities?
Answer. Not that I recollect of.
Question. Doyou know Valentine Gerber?
Answer. Yes, sir.
Question. Did you not tell Valentine Gerber some three months ago that you intende to cause a man who had wronged you to be punished by the military authorities; that you were not able to whip him yourself; that you would get evenwith himthat way?
Answer. I don't recollect any such conversation.
Question. Did you have any conversation of that kind with Gerber? If so where was it and when?
Answer. I don't recollect ever having any of that kind of conversation with him.
Question. If you had told Gerber anything of the kind would you not remember it?
Answer. I think I would. I haven't talked to him much on account of thinking he was secesh, too.
Question. Will you say positively that you did not in front of Val. Gerber's place of business on Brodway about threemonths ago in a conversation on the state of affairs in the country tell him that you had an enemy that you could not punish yourself and that you would have him punished by the military authorities?
Answer. I never told him any such thing in my life that I recollect of.
MATTHEW B. CURTIS, a witness for the prosecution, being culy sworn testified as follows:
By the JUDGE-ADVOCATE:
Question. What is your placeof residence and occupation?
Answer. Reside in saint Louis; keep a store in the fish market.
Question. Are you acquainted with the prisoner?
Answer. Yes, sir.
Question. State whether in the early part of the present month you heard any conversation held with the prisoner about the present state of affairs in the country. If so where, whenand what was it?
Answer. I did; in the fish market some time in the early part of this month. Hussey, the prisoner, cameover and commenced talking withmy partner about the Dutch. My partner left. Mr. McCurdy told Mr. Hussey that he had him arrested and made him take the oath. Mr Hussey told McCurdy that he had him arrested and made him take the oath. McCurdy said he had $10 to bet that he had not taken oath. Hussey said, "When this martial law is over you Union men will have to leave the city. We will slip up behind you and cut your throats," or words to that effect. Hussey said the oath was forced upon him and he did not care for it if he did have to take it.
By the PRISONER:
Question. Did Hussey say that he would slip up and cut the throat of any of the Union men?
Answer. I think he said "we. "
Question. Did he not say the secesh would do so?
Answer. He might have said so. Hemight have said the secessionists, or he might have said they.