trary authority," inviting his hearers to resist the same by saying "the sooner the people inform the minions of usurped power that they will not submit to such restrictions upon their liberties the better; " declaring "that he was at all times and upon al occasions resolved to do what he could to defeat the attempts now being made to build up a monarchy upon the ruins of our free Government; " assorting "that he firmly believed, as he said six months ago, that the men in power are attempting to establish a despotism in this country more cruel and more oppressive than over existed before. "
All of which opinions and sentiments he well knew did aid, comfort and encourage those in arms against the Government and could but induce in his hearers a distrust of their own Government, sympathy for those in arms against it and a disposition to resist the laws of the land.
The accused asked delay to procure counsel, stating that he was engaged in preparing his plea and required advice.
The commission was duly cleared for deliberation, and on its reopening the judge-advocate announced as its decision that the commission would require the accused to plead guilty or not guilty to the charge and specification and would then adjourn of half an hour to permit the accused to procure counsel when the commission would proceed to hear the evidence for the prosecution.
The accused denying the jurisdiction of the commission and refusing to plead as directed by the commission the commission directed that the plea of not guilty to the specification and charge be entered for him by the judge-advocate.
The commission then adjourned of half an hour.
The commission resembled pursuant to its adjournment.
All persons required to give evidence were directed to withdraw and remain in waiting till called for.
Captain H. R. HILL, of the One hundred and fifteenth Regiment Ohio Volunteer Infantry, a witness for the prosecution, being duly sown testifies as follows:
By the JUDGE-ADVOCATE:
Question. What is your rank and regiment?
Answer. Captain, One hundred and fifteenth Regiment Ohio Volunteers.
Question. Were you present at a meeting of citizens held at Mount Vernon on or about May 1, 1863?
Answer. I was.
Question. Did you hear the accused address that meeting?
Answer. I did.
Question. How near were you to him while speaking?
Answer. I was leaning on the end of the platform on which he was speaking. I was about six feet from him.
Question. Was this your position during the whole of the time he was speaking?
Question. State what remarks he uttered in relation to the war now being waged, and any remarks he may have made in that connection.
Answer. [The witness stated that in order to state his remarks in the order in which they were made he would refresh his memory from manuscript notes made on the occasion. These the witness produced and held in his hands.]