Question. Do you know who shot him?
Answer. Yes, sir; I did.
Question. Relate the circumstances attending it.
Answer There was a sink hole being dug right by the side of my beat. It was unfinished and I had special orders not to allow the prisoners to use it under any circumstances.
Question. Who gave you the orders?
Answer. The sentinel whom I had relieved. Somewhere about 7 o'clock in the morning a man came out from the prsoners' barracks to this sink, and removing his pants sat or squatted down apparently for the purpose of moving his bowels. I told him that place was not to be used for that purpose and twice or three times ordered him away and told him to go to one of the sinks. He did not move and I picked up a small stone and threw at him, hitting him on the side of the face.
Question. What then happened?
Answer Six or seven of the rebels came running toward me from their barracks and one of them, said to be his brother, said to me, "You damned son of a bitch! I will report you. " I had orders to shoot rebels insulting me and did shoot him.
Question. Did he fall?
Answer. Yes, sir; he fell dead.
DAVID SEELEY being sworn says:
Question. Are you a soldier in the Nineteenth Regiment?
Answer Yes, sir. .
Question. In what company?
Answer. In Company H.
Question. Were you on guard duty yesterday morning?
Answer. Yes, sir.
Question. What was the number of your post?
Answer. Number 29.
Question. Do you know of a prisoner being shot yesterday morning?
Answer. I heard the report of a gun and saw a man fall and afterwards saw him carried away, but did not see the wound.
Question. Who discharged the gun?
Answer. Did not see any one discharge the gun, but saw sentinel on beat Numbers 30 loading.
Question. Did the report appear near you?
Answer. It did.
Qestion. In what direction?
Answer. In direction of post Numbers 30.
Question. What conversation if any did you hear before the report?
Answer. Heard sentinel Numbers 30 ordering a man away from his beat.
Question. Did you hear any reply when the man was ordered away?
Answer. I did not at first and turned to walk away. Soon heard angry words spoken by rebels. Heard one of them say, "You son of a bitch!" but could not hear the whole of the remark. As I turned back toward Numbers 30 I heard the report of a gun and saw a prisoner fall.
Question. How far was this man that fell from sentinel Numbers 30?
Answer. I should judge about twenty-five feet.
Question. Do you know the name of sentinel Numbers 30?
Answer. They call him Wicks.