Question. Did you take notes of any other speech?
Answer. I commenced taking notes of the speech of Mr. Cox, but I considered it harmless after listening to him a short time and stopped. I took no notes of any other speeches.
Question. Were you not expressly sent to listen to my speech on that occasion?
Answer. I was not, any more than to the other speeches.
Question. By whom were you sent?
Answer. By Captain Andrew C. Kemper, assistant adjutant-general of the military commandant of the city of Cincinnati, Ohio.
Question. Did you make report to him on your return?
Answer. I did not. I reported first to Colonel Eastman himself, and from there went to headquarters Department of the Ohio.
Captain JOHN A. MEANS, One hundred and fifteenth Ohio Volunteers, a witness for the prosecution, being duly sworn, testifies as follows:
By the JUDGE-ADVOCATE:
Question. What is your rank and regiment?
Answer. Captain, One hundred and fifteenth Ohio Volunteers.
Question. Were you present at a meeting of citizens held at Mount Vernon, Ohio, 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; and state your position with reference to the speaker and state whether you heard the whole or a part of his speech?
Answer. I was in two or three positions. Most of the time about ten feet in front of the stand-directly in front. I heard the whole of his speech.
Question. State what if any, remarks you heard the accused make with reference to the war or upon subjects in that connection. Give as near as you can his language.
Answer. He stated at one time that the war was not waged for the preservation of the Union; that it was an abolition war; that it might have been stopped or peace restored some time ago and the Union restored if the plan which had been submitted had been accepted.
(Objected to by the accused on the ground that he had applied for a subpoena summoning Fernando Wood, esq., of New York, and directing him to bring with him a letter signed by the President referring to this plan, which had been refused by the judge-advocate.)
The judge-advocate stated that he would withdraw so much of the specification as related to remarks alleged to have been made by the accused with reference to the termination of the war.
The witness was directed to omit any testimony he might possess on that point.
The witness continued:
The accused stated that if the plan he had proposed himself had been adopted peace would have been restored, the Union saved by a reconstruction, the North won back and the south guaranteed in their rights. That our Army had not been successful; that Richmond was not taken, Charleston nor Vicksburg; that the Mississippi was not opened, and would not be so long as there was cotton to sell or contractors to enrich. He spoke in regard to the rebuke of the Administration at the last fall election; that no more volunteers could be had; that the Administration had to resort to the French conscription law; that he would not counsel resistance