ISAAC N. HACKER, corporal in Captain M. Live's company cavalry, C. S. Army, aged about twenty-four years, a witness in behalf of the Confederate States was sworn and testified as follows:
On the night the LIck Creek bridge of the Eeast Tennessee and Virginia Railroad was burned in the early part of November, 1861, I with six others was detailed from Captain M. Live's company as guard at said bridge. Between 2 and 3 o'clock whilst five of us were in a tent near the bridge we were surrounded by a band of from forty to sixty men armed the most part of them with guns who, we in the tents being almost wholly unarmed, took us prisoners. The band was led by a man who called himself Colonel Fry. After taking us prisoners they placed a guard around us in the tent and all but the guard went to the bridge and in less than five minutes the bridge was in flames. After the bridge was burned the band or a large part of them came to the tent, gave us of the guard our choice either to take an oath not to take up arms against the Government or to die right then and there, to be killed immediately. We took the oath. They took the names of the guard down. During the time Fry cursed and abused us of the guard; said, "That night three months ago you men or men of your sentiments ran me from Greene County, but now I have you under my thumb and will do with you as I please. " He also said he had within the past week been all over the railroad from Chattanooga to Bristol, and that all the bridges between these places would be burned that night; that Jeff Davis and South Carolina had had possession of it long enough; that they were now going to take it and use it themselves. They represented that they had a whole regiment besides cavalry near at hand. Some one of the crowd said the damned wire was done telling on them now. A telegraph wire runs along the line of the East Tennessee and Virginia Railroad. Some one of attacking party asked, "Where is Henry Harmon's gun. " Some one else of the party replied, "I've got it. "
I. N. HACKER.
Defendant declines to cross-examine.
JOHN W. McDANIELS, witness on behalf of the Confederat States, aged nineteen years, sworn and testified as follows:
On the evening preceding the night on which the Lick Creek bridge was burned I was pulling corn in a field. Jacob Harmon and Jonathan Morgan came to the side of the field next to the public road when Harmon said he wanted us to come to his house that night and bring our arms. I told him I had no arms. He said he wanted me to come anyhow. Said he had seen Colonel Fry from Kentucky and that they were to burn the bridge that night. I went to Jacob Harmon's house that night in company with James McDaniels, Hugh A. Self, andrew Self, Cannon Hann and Harrison McDaniels, all of whom are young men unmarried but Cannon Hann. We got to Harmon's at about 9 o'clock, the time appointed by Harmon. I saw there on that night (in adition to those who went there with me as above stated), viz, Henderson Lady, John Lady, William Housewright, Jacob Myers, Jonathan Morgan, Harrison Self (the present defendant), Alex. Hann, Arthur Hann, Henry Wampler, Matt. Hincher, William Hincher (drinking), Thomas Harmon, Henry Harmon and Jacob Harmon. David Fry he was there when I got there. Defendant came there after I got there. There were several present whose names I did not know. We staid till about 12 at night. David Fry administered an oath. I think he adminstered it to nearly all who were there. Oath was taken by putting hand on a U. S. flag; swore to support the Stars and Stripes and not to reveal anything of what was done that night and to do anything pressed upon us that night to do. Harrison Self, I think, was in the room when some of them took the oath. I think he himself took the oath. After the oath was administered to the party the party went to Lick Creek bridge, took the guard in tents prisoners and then they burned the bridge. Crowd then dispersed. Harrison Self went with the party from Harmon's to the bridge. I saw him between bridge and Harmon's after the bridge was burned. Harmon on t I first referred to when I was in the field passed up toward the house of the defendant. I think Harrison Self's gun was there that night. Do not remember to have seen it in his house.
I think I remember the fact that Harrison Self's gun was there that night. I heard some one of the crowd say that the defendant was going to fetch his gun.
JOHN W. McDANIELS.