All persons required to give evidence were directed to withdraw and remain in waiting until called for.
The cross-examination of Captain HILL was continued.
By the ACCUSED:
Question. In speaking of the character of the war did I not expressly say, as Mr. Lincoln in his proclamation July 1, 1862, said:
"This unnecessary and injurious civil war?"
Answer. I do not recollect that he did. The language he made use of I understood to be his own.
Question. Again in speaking of the character of the war did I not expressly give as proof the President's proclamation of September 22, 1862, and January 1, 1863, as declaring emancipation of the salves in Southern seceded States, and as a proof that the war was now being waged for that purpose?
(The accused stated that he offered this question as an explanation of the purpose and object of his declarations as to the present character of the war and as his authority for his statement. If he stated what the President stated he (the accused) could not beheld disloyal for so doing.)
The judge advocate stated that the question was one which clearly put in question, not the utterance of certain words, opinions and sentiments, but their propriety, truth and justice when uttered, and required the commission to pass judgment not upon sentiments uttered by the accused but upon certain proclamations of the President of the United States. He further objected to the question as one designed in his belief not to meet the merits of this case, but to prepare a record in this case of a political character and for political uses.
The commission was duly cleared for deliberation and on its reopening the judge-advocate announced as its decision that the question would not be admitted.
Question. Did you continue at the same place during the delivery of the whole speech?
Answer. I did.
Question. Were your notes taken at the time or reduced to writing after the speech was over?
Answer. They were taken at the time. All I used before the court were just as they fell from his [your] lips.
Question. Were you not in citizen's clothes and how came you to be at Mount Vernon that day? Did you go to Mount Vernon for the purpose of taking notes and reporting the speech?
The accused insisted on the question on the ground that it would show the temper and spirit of the witness and his prejudices, and as showing that the notes were taken with reference to arrest and prosecution before this commission, he being in the service as captain and his regiment in Cincinnati.
(The question was objected to by the judge-advocate and the commission was duly cleared for deliberation, and on its reopening, the judge-advocate stated that he had withdrawn his objection and the question would be admitted.)
The question was then put to the witness.
Answer. I was in citizen's clothes and I went up for the purpose of listening to any speech that might be delivered at that meeting. I had no order to take notes or report.