The defendant introduced ALEXANDER LOWE, private in Captain Fry's company, Colonel Powel's regiment, C. S. Army, who being first sworn testified as follows:
I resided on the defendant's farm at the time the LIck Creek bridge was burned, in Greene County, Tenn. Before the burning of the bridge on the evening previous to its being burned defendant said it was a bad thing to burn the bridge. On the evening before the burning of the bridge Jacob Harmon came by the field where I was pulling corn with John McDaniels and told us to come down to his house that night; that the bridge was to be burned that night. In the evening in question I went past the house of the defendant. Saw him; asked him if anything had been said to him about the bridge-burning; told him what had been told me. Defendant said he had heard about the same thing. Defendant said it was a bad thing. I asked defendant if he was goint. Said he did not know whether he was going down to Harmon's or not. He did not as I recollect say to me for me to stay at home and that he would go down to Harmon's and prevent it. Something was said about my wife being sick but nothing about his going down for the purpose of preventing it that I now recollect. Defendant lives about three or four miles from the bridge. He said he thought it was a bad thing. Don't know that he said it ought or ought not to be done. I was not at his house. I passed on by. Saw him at the hog-pen. Went on home. Saw him about dark. Defendant has been strong Union man. Not been a fool about it. Never acted harshly or made any threats to my knowledge. Not hostile to soldiers of Confederate States. Sold them supplies once-some salt. Never heard of his refusing to sell supplies. He lives a little over one mile from Jacob Harmon's. He said it was a bad thing. Those are the only words of condemnation of the bridge-burning that I recollect of his using. I was not giving the converstation particular attention. I did not think the thing would be done at all.
Saw defendant next morning early at home. He said nothing concerning the bridge. I did not know then that the bridge had been burned. Saw defendant early in the morning. Told me nothing about it being burned. Nothing about his having gone down to prevent it. I talked with him a little. Do not recollect of a word being said about the bridge being burned.
Went by defendant's house early in the morning about sun-up. I had heard nobody else say anything about the bridge. I first heard of it from Etta Harmon. Did not tell me to invite anybody else or defendant to come down and burn bridge. Ever since Fremont's proclamation I have been a Southern man and openly said that when I fought I would fight for the South, and had talked thus to defendant before the bridge was burned and have volunteered. Defendant has heard me speak of my sentiments as above to defendant's counsel. Have talked with defendant about another army coming in here. He said it would make things worse here; that it would make the matter worse for another army to come in here but do not recollect that he ever said that if by volunteering he could prevent another army coming in here he would volunteer himself. Defendant is about fifty years of age. Has children grown and has grandchildren.
J. A. LOWE (his x mark).
The defendant through his counsel announced that he had no further testimony to offer. To allow the counsel for the defendant time to rpepare his argumetn the court adjourned till to-morrow morning at 10 a. m.
KNOXVILLE, TENN., December 21, 1861 - 10 a. m.
Court met pursuant to an adjournment.
Present: Each and all the members of the court who were heretofore sworn for the trial of this case, Lieutenant-Colonel Bateman presiding; the judge-advocate, the prisoner, Harrison Self, and his counsel being also present.
The counsel for the defendant addressed an oral argument to the ear of the court t which the judge-advocate replied. The court was then