engineer that run the train-the main engineer and captain of that detachment was James J. Andrews, a resident of this place. He made a bequest of $1,200 to this county for the benefit of the poor. And in my official capacity as county attorney I proceeded to make the proof and elicited an important letter from Captain Andrews himself, written and I inclose you a copy execution, which is authentic and of record, and I inclose you a copy thereof, supposing of course it must aid in making out the case. Andrews was a good men, energetic, faithful and loyal from principle.
I also find a letter from James Pike, of the Fourth Ohio Cavalry, which turned up in some way at Murfreesborough, Tenn., as per printed letter herewith, all which is respectfully communicated to you, hoping it may aid you in the premises.
I remain, yours, truly,
W. H. CORD,
[Inclosure Numbers 1.]
FLEMING COUNTY COURT, January [10?], 1863.
In the matter of the east of James J. Andrews, deceased, a resident of this county.
On motion of the county attorney, David S. McGavic being sworn states that he knew James J. Andrews form more than one year prior to the 17th of February, 1862, when after several conservation with him, being intimate with him, he delivered to me the check before me in substance as follows, to wit:
FLEMINSBURG, February 17, 1862.
Cashier of the Branch Bank of Louisville, at Fleminsburg, pay to David S. McGavic or bearer in coin twelve hundred dollars.
J. J. ANDREWS.
He was then in the secret military service of the Government of the United States and he remarked to witness that he was engaged in rather a critical business and might never get back and if he should not get back-
I want you to draw this money out of bank, loan it out and the proceeds to go to the poor of Fleming County perpetually.
He left for Louisville, Ky., and I heard from him no more except from newspaper accounts of his arrests and execution at Atlanta, Ga. Shorty after that I received the letter mailed at Louisville July 3, 1862, which I knew to be in his handwriting and addressed to me in substance as follows:
CHATTANOOGA, TENN., June 5, 1862.
D. S. MCGAVIS, Esq., Fleminsburg, Ky.
DEAR SIR: You will doubtless be surprised to hear from me from this place and more surprised to hear that I am be executed on the 7th instant for attempting to capture and run a train of cars from the Western and Atlantic Railroad to Huntsville, Ala., for the use of General Mitchel. I had a party of twenty-one detail men from the Second, Twenty-first and Thirty-third Ohio Regiment with me. We succeed in getting possession of the train and traveled with it some eighty or eighty-five miles when on account of the extra being on the road we were compelled to abandon the train, the party scattering and trying to make our way back on foot. The whole party, however, were captured. I was taken on the 14th of April. I am satisfied that I could very easily have gotten away had they not put a pack of dogs on my trail. It was impossible to elude them. I was tried by court martial and received my sentence on the last day of May instant. One week before the time set apart for my execution, on Monday morning, the 2d, I made an attempt to escape. I succeed in getting out of prisons and ran by the guard, they shooting at me but not hitting me. The whole county was immediately warmed with soldiers. I succeeded in eluding them until Tuesday about 2 o'clock when I was recaptured and will be executed on Saturday. The sentence seems a hard one for
27 R R-SERIES II, VOL V