RADICAL RULE 
MILITARY OUTRAGE IN GEORGIA. 
ARREST OF COLUMBUS PRISONERS: 
 
FACTS CONNECTED WITH THEIR IMPRISONMENT AND RELEASE, 
L I B a A *i i 
or THB 
 
LOlftSVILLE, KY: 
 
13V JOH^T P. 
 
A^STD 
1868. "V 
 
K"ST, loC ^lain Streat. 
 
 F< 
K\ 
PREFACE 
IF a proper coBception of the Military Despotism. which Las oppressed the South is conveyed to the Northern mind through these pages, their object will have been accomplished. 
 
- . 
 
V 
 
if 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
GEORGE W. ASHBURN. 
 
Radical press throughout the country, is not sustained by facts. He was a thorn in 
 
THE death of this man was the pretense the side of his own party and not considered 
 
upon which Gen. Grant, Gen. George G. as formidable by his opponents. That 
 
Meade, aud the Radical party based the in there are bad men in the Columbus com 
 
famous outrage upon the personal liberty munity, as in others, there is not the least 
 
of citizens of Georgia, the details of which doubt. Ashburn was killed at the dead 
 
this work will contain. 
 
hour of night, and doubtless by men who 
 
Ashburn made his appearance in Co did not dare meet a foe in open day. 
 
lumbus, Georgia, immediately"- after the There are geod reasons for believing, too, 
 
war, in the capacity of a Government spy that the assassins were Radicals, black and 
 
in search of property belonging to the late white, to whom he was a stumbling-block 
 
Confederate States. Here he might have in the road to office. In proof of the cor 
 
lived and died without a thought from the rectness of this suspicion are produced the 
 
public of his antecedents, but his ardent, following facts. 
 
intense love for the colored people soon Previous to the election of delegates to 
 
brought to light and into general comment the Constitutional Convention of Georgia, 
 
the fact that before the war his usual occu and in the temporary absence of Ashburn 
 
pation was that of an overseer remarkable from Columbus, a hand-bill was issued 
 
only for his cruelty to the slaves placed signed by fifteen or twenty Radicals the 
 
under his control by the gentlemen who entire white element of the party in the 
 
owned them. This vicious trait of his city calling a meeting to appoint dele 
 
character rendered it difficult for him to gates to a nominating Convention at Cus- 
 
retain his position of overseer very long on seta. The leader in the movement avowed 
 
the same plantation, and he made other uncompromising hostility to Ashburn, and 
 
shifts for a maintenance. He was at one expressed a determination that Ashburn 
 
time steward or waiter in the Oglethorpe should no longer control the party. Ash 
 
Hotel, in Columbus, Ga., and while there burn returned before the day for the meet 
 
was well caned for his insolence by a board ing, went in and took possession of it, and 
 
er, a young man still a resident of that city. appointed delegates to his liking, himself 
 
It is not the writer's desire or intention to among the number. 
 
exonerate his murderers upon the plea of So hostile had the feeling become be 
 
his low instincts and habits. His assassin tween Ashburn and two leading Federal 
 
ation was a crime. His death in a negro office-holders in Columbus, that he threat 
 
brothel of the lowest order renders com ened to have them removed. Time sped 
 
ment upon his life unnecessary; but what on. The nominating Convention assembled, 
 
ever his character might have been, until at Cusseta and put out candidates for the 
 
accused of crime as directed by the law, senatorial district suited to the taste of 
 
and convicted to death by a jury of his Ashburn himself among the number, 
 
peers, no human being had a right to take from Museogee county. Ashburn, having 
 
his life. This man was politically odious the ear and confidence of the negroes and 
 
and morally infamous to the respectable full control of the Loyal Leagues, whipped 
 
portion of the community in which he in .the fight, and proved himself master of the 
 
lived; but that his death was the result of situation. His ticket was elected. The 
 
political differences, as claimed by the Convention met, did its work, and ad- 
 
 MILITARY OUTEAGE IN GEORGIA. 
 
joarced. Ashburn returned to Columbus.: have called to see the corpse and given 
 
avowed his intention to be elected by the, some assistance toward the final disposition 
 
Legislature to the Senate of the United of his remains. Not one of the white 
 
States, and set to work to organize his | members of his party did his remains even 
 
colored friends and secure the election of the honor of a call. Being a pauper, the 
 
such members from his senatorial district expenses of his funeral were borne by the 
 
as wouid support his senatorial pretensions.! city. His remains were attended to the 
 
On the Saturday before he was killed. [ depot for shipment to Maeon by only two 
 
through his influence, a large number of! white men his son and a Radical Jew 
 
negroes assembled in the Court-house' named Coleman. 
 
square acd were harangued by him. and; The above facts are sent forth to the 
 
a ticket was nominated for the House and world for what they are worth. Many 
 
Senate, composed; for the House, of one of other things could be told to show the hos- 
 
the delegates to the Convention and a j tility of feeling which existed between lead- 
 
negro, and the head of the Freedmen's j ing Radicals of this city and Ashburn, but 
 
Bareau. a known friend of Ashbara's. for; their relation would spin out the subject to 
 
the Senate. What part, if any, his former i too great a length. 
 
Radical opponents took in this meeting, or j Between the citizens of Columbus and 
 
whether they were present at all. the writer! Ashburn there existed no feeling of antag- 
 
ean not say.' 
 
j onism. They looked upon his course as 
 
On the Monday night succeeding the \ mischievous in its tendency. They knew, 
 
meeting referred to, the career of Ashburn j however, that he was no worse in his in- 
 
was brought to a close. Between dark; tendons than other men of Radical pro- 
 
and the time of his death the President of : divides in Columbus, and that to destroy 
 
the Loyal League, named Bennett, handed' him would accomplish nothing. Having 
 
Ashburn a letter from one Costin. a negro I more sense than half a dozen of the others, 
 
of Talbot county and representative elect' and having aspirations, he was looked upon 
 
from that county to the Georgia Legisla-! as less dangerous than the herd that were 
 
tore. Ashburn threw this letter into Ben-1 pursuing him. The citizens outside of the 
 
nett's face. Afterward, while a prisoner! Radical ranks did not come in contact with 
 
for obtaining goods under false pretenses, i him in any shape, and had no more reason 
 
Bennett srave^it to the Sheriff. It was to desire the destruction of his life than 
 
written upon paper furnished the Constitu- those of others of less sense. Aside from 
 
tional Convention, of which Costin was a I this, the people had all the time used every 
 
member. He abused Ashburn in unmeas-1 precaution against permitting anything to 
 
ured terms as a pensioner upon his party. I be done that could, in the remotest degree, 
 
and reminded him that he (Costin) had! give capital for Radical rule to feed upon. 
 
raised the embargo placed on his baggage 
 
by a hotel-keeper ia Talbatton. He closed 
 
REIGH OF TERROR 
 
by offering to bet two hundred and fifty 
 
dollars that he would never represent} Ashburn's death was succeeded by a 
 
Greorgia in the United States Senate, and; period of deep excitement. Negroes open- 
 
two hundred and fifty dollars more that he i ly avowed their intention to avenge his 
 
would not receive fifteen votes upon joint i death, and threats were made upon the 
 
ballot. 
 
streets to burn Columbus. 
 
Bennett declared, the day after his death. On Wednesday night following his mur- 
 
that he would have killed him if the mob j der, a meeting of the Young Men's Demo- 
 
had not. Woodfield. another Radical, who ' eratie Club was startled by a message from 
 
disappeared immediately after the murder, | Mayor Wilkins, that intelligence had 
 
had stated that Ashburn must settle a debt: reached him that an attempt to fire the 
 
he owed him or he would kill him. 
 
i city would be made that night. If such 
 
After he was dead, and had come to his' an intention existed it was defeated by 
 
death, too. at the hands of assassins, what prompt action. On the 6th day of April, 
 
was the conduct of the Columbus Radicals ? [ the Monday after the assassination, the ex- 
 
Ir they had felt any pangs of grief or in- f eitement was raised to fever heat by the 
 
drgnation at this outrageous act, is it not' military arrest of nine white and three 
 
reasonable to suppose they would have in- colored citizens. W. D. Chipley, Doc. E. 
 
terested themselves so much, at least, as to J. Kirksey, Columbus C. Bedell, Win. R. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Bedell, James W. Barber, Alva C. Roper, tlie terms and return to their families and 
 
Thos. W. Grimes, Robert Ennis, and Wm. business. A general bond was then pre- 
 
L. Cash, white; and John Wells, John pared, a copy of which is given in Appendix, 
 
Stapler, and Jim McHenry, colored; were (together with its signers. The names ex- 
 
arrested by Capt. Mills, commanding post, I ceed four hundred, and would have reached 
 
and confined in the Court-house. All three times that number had the citizens 
 
were men of respectability and character, been allowed sufficient time to sign it. 
 
and the negroes stood well in their sphere, Nothing more occurred in this connection 
 
though unpopular with their race because until the 14th of May, when James W. 
 
they- were Democrats. The nest day one Barber, and the fellow Wade Stephens and 
 
Wade Stephens, a low rowdy, was added two negroes John Wells and J ohu Stap- 
 
to the party, as the sequel will show, in \ ler were re-arrested and hurried off to 
 
the capacity of a spy, though he may not! Fort Pulaski. Mr. Barber was not even 
 
have known it at the time. " No cause was permitted to see his wife. 
 
assigned for the arrest, and the repeated On the 18th May, W. D. Chipley, indig 
 
aud untiring efforts of the prisoners, their nant at his4llegal and unwarranted arrest, 
 
friends and their counsel, failed to arrive at and beingtunable to secure an investigation 
 
any. The men arrested were so far above in any other way, sought one through Con 
 
any suspicion of complicity in Ashburn's gress. His letter to Hon. James B. Beck, 
 
murder that it was difficult to associate the of Kentucky, and action of the House on 
 
two events; yet following each other so Mr. Beck's resolution, are given in Ap 
 
closely, with no other alleged cause, an pendix. The action of the House was 
 
occasional surmise would rest in that di significant, and shows that the Radical 
 
rection. This conclusion would never have plotters at Washington were afraid of an 
 
been reached by any one but for their > investigation. 
 
-^ knowledge of the malice of certain Radicals On the 23d May, Mr. R. H. Daniel, a 
 
toward these men as Democrats, and es gentleman, and George P. Betz, a dissipated 
 
pecially Chipley and Kirksey, who were loafer, were arrested and sent to the Gov 
 
JL working men in their party. 
 
ernment bastile at Savannah. Very soon 
 
Before these arrests were made it was Bennett and a courtezan of the lowest 
 
-I positively known that a man holding civil stripe, called Anianda Patterson, followed. 
 
position by military appointment had of- These two, like Stephens, it was under 
 
,.f fered bribes for affidavits against Mr. Co- stood, were to be suborned. Betz. at that 
 
- lumbus Bedell, and it was not unnatural time (though a man of no character), was 
 
for persons knowing these facts to surmise thought to be above swearing a man's lite 
 
that the arrests were made upon suborned away for gain or safety. 
 
evidence. The manner in which the charge On the 2d June, W. D. Chipley, E. J. 
 
p and names of the accusers were withheld, Kirksey, Clifford B. Grimes, and Columbus 
 
and the absence of all investigation, Bedell were arrested, and on the 3d sent 
 
~ strengthened this belief, and occasioned a to Atlanta and confined at MePherson 
 
'i general feeling of uneasiness. 
 
Barracks. 
 
Capt. Mills stated that he did not know On the 16th June, Isaac Marks, Jacob 
 
the cause of the arrests, which nobody be Marks, Alva C. Roper, Robert A. Wood, 
 
lieved, and it is only mentioned here to James L. Wiggins, Drew W. Lawrence, 
 
show how arbitrary the arrests were and and Wm. L. Cash were taken into custody 
 
the weakness of the case. After four days by the omnipotent Mills aud forwarded to 
 
... and nights in durance vile, Capt. Mills in Meade's Hotel, at Atlanta. Sergeant Chas. 
 
formed the prisoners that their most gracious Marshall, of Mill's company, was also sent 
 
Majesty Gen. Meade had concluded to re along, for the purpose developed by the 
 
lease them under bond of twenty-five hun trial. On the 19th June, Robert C. Hud 
 
dred dollars each to appear whenever Gen. son and James Lawrence were started, 
 
George G. Meade, commanding Third preceding Wm. A. Dukes some five days. 
 
Military District, or his successor, should j The charges against these mea were still 
 
desire it. There was a general feeling mere matters of conjecture. From the bett 
 
among the prisoners to decline this offer infbrmatiou that could be gathered, the 
 
and test the legality of their arrest; but I parties had been arrested upon negro testi- 
 
older heads thought the bond would be I mony, much of it forced, whilst wiih others 
 
the last of it, and advised them to accept | bribery had been the instrument used. la 
 
 6 
 
MILITARY OUTRAGE IS GEORGIA. 
 
addition .to 8500 offered by the city ofjpages. But to return to their physical 
 
Columbus. Gen. IMeade's military Gov- j treatment. 
 
ernor of Georgia, through his proelama-! This was barbarous in the extreme, 
 
tion. announced a reward of 2.000for the] Those -who were carried to Fort Pulaski 
 
first and 31.000 for each additional party were confined in cells four feet by seven feet, 
 
connected with the assassination, with There was no ventilation whatever, and a 
 
proof to convict This was a, large sum j greater portion of the time the small hole 
 
of mone~. in the eyes of a bad negro, as an i which admitted light was closed and the 
 
inducement to bear false witness. With ! cell left in darkness. These dungeons were 
 
such inducements no citizen of Columbus, j their sole habitation. Calls of nature were 
 
however exemplary his walk in life, felt : attended to in a vessel that was removed 
 
that he was exempt from arrest No one : once in twenty-four hours. Their rations 
 
knew where the arrests would end. and , consisted of a slice of bread, and coffee (if 
 
what number of citizens would be inear- 'they had a cup) in the morning; another 
 
eerated. under the influence of such testi-; piece of bread and soup in the same cup 
 
tiniony no one could conjecture. As in which coffee was served at breakfast, 
 
arrest afrer arrest succeeded tech other,; with an occasional ration of fat pork, con- 
 
the be;E citizens would exclaim: '::Tis but stituted their dinner. For supper, bread 
 
an accidc-at that I am left !" and they ex- j alone was issued. Yet the friends of these 
 
tended their sympathy to the unfortunate | prisoners would have been glad and did 
 
men with a consciousness that it was but a : offer to furnish, them any comforts they 
 
chance that placed the prisoners there in- ! might desire. Will the world not say 
 
stead of themselves. 
 
j they were entitled to different treatment, 
 
until their guilt had been established, or at 
 
least until something besides ex parts testi- 
 
TREAT3IEXT OF PEISOXEES. j mony had been produced? In these horrid 
 
j holes, borne down by the heat of the climate, The treatment of the Columbus pris-land driven almost to madness by the 
 
oners will ever remain a blot upon the! myriads of mosquitoes," these men were 
 
fame of American soldiers. These men,j detained day after day, denied the privilege 
 
arrested s.t a moment's notice, were carried j of visits from friends or counsel, and not even 
 
from family, friends and business, and allowed to write to or receive letters from 
 
without an opportunity being given them ' their families. Humanity must have sug- 
 
to prove their innocence, were thrown into ' gested an exception to this rule in the ease 
 
cells which law and humanity dictated as : of one of the prisoners, whose jwife was 
 
only proper for the confinement of eon-! expecting to be confined, but if so the 
 
demned criminals. The murder occurred whispers were not heeded by the "genial 
 
during the night, between the 30th and! and popular commander of Fort Pulaski." 
 
31st of 3Iarch. The first arrests were ' He added another laurel to the wreath that 
 
made on 6th April; they were renewed! marks his victories. "The gallant Cook," 
 
through Xay and June. Yet. in this great with heroic fortitude, saw that no word of 
 
and free country, no charges were delivered ! love and sympathy reached the young wife 
 
to the prisoners until the 27th day of 1 in her trying hour. It may be well for 
 
June. Their trial was set for 29th of the : the reader to remember just here, that the 
 
same month. The enormity of the pro- j witnesses for the prosecution stated on their 
 
ceedings in this connection may possibly | examination that they were told that if 
 
be appreciated, when it is stated that the ! they did not make disclosures they would 
 
intervening day between the reception of! be kept in prison as Bennett expressed it, 
 
a copy of charges brought against them ' would have to "rot there." On the other 
 
and the any set for their trial was Sunday. ; hand, by making disclosures they would 
 
The Ho.y Sabbath day was given them secure their liberty, and protection from 
 
upon whic-ii to prepare their defense against -harm" from the Government. The re- 
 
the charge of "JVTCBDER," and that too moval of the Pulaski prisoners to McPher- 
 
when removed 140 miles from the scene of son Barracks. Atlanta, was an improvement 
 
the ciime and the residence of their wit- ' in climate and some other respects. They 
 
nesses. This outrage upon the personal were permitted to correspond with their 
 
liberty of rhese men should make boil the friends, but all letters, although only 
 
blood of every freeman who reads these | breathing the affection and sympathy of a 
 
 OUTRAGE IN GEORGIA. 
 
wife, were submitted to rigid inspection. elicited a deep and earnest protest from 
 
How disgraceful in the representatives of the press of the whole country, did the 
 
a great government! Chipley, Kirksey, treatment of the prisoners change. On 
 
Grimes and Bedell reached the barracks the 19th June some of them were allowed 
 
on the 3d day of June, having no sus to see counsel, although in the absence of 
 
picion of imprisonment. They were un charges, it was impossible to plan any defi 
 
provided with bedding. It was three days nite line'of defense. Soon after the re 
 
and four nights before bed or blanket was mainder saw counsel, and a few friends 
 
furnished. Friends were not allowed to were permitted to 'pay short visits and send 
 
visit them nor counsel to see them. On delicacies to the prison. The embargo on 
 
the 8th these four men were placed under certain newspapers was also raised. On 
 
bond in comfortable quarters. "When the 22d June C. B. Grimes and K. A. 
 
Daniel arrived from Fort Pulaski he was Daniel were released, and a week later the 
 
placed in the house with them, and there Messrs. Lawrence, the Messrs. Marks, and 
 
he and Grimes remained until released. W. L. Cash. No evidence whatever has 
 
On the 12th Bedell was returned to the been produced against either one of these 
 
cells. On the 15th Chipley and Kirksey gentlemen, and the only explanation that 
 
followed. On the 19th the last, two were is given them for the torture they were sub 
 
returned again to quarters outside of the jected to is, that it was a mistake. At no 
 
guard-house, and next morning Bedell time was the private correspondence of the 
 
joined them. On 22d he and Kirksey prisoners relieved from inspection. 
 
were returned to cells, and Roper was 
 
placed with Ohipley. The other prisoners were in cells. This status was continued 
 
CAUSE OF THE ARRESTS. 
 
until the 14th July, when Chipley was On the 6th of April, ten white and. 
 
offered bail with the liberty of Atlanta, three colored men were arrested and placed 
 
which lie declined. On the 16th, the en in confinement in court-house at Colum 
 
tire party were removed to comfortable bus. On the trial the prosecution rested 
 
quarters, where they remained until re their ease upon evidence which did not 
 
leased. The cells up to the 16th June claim that any disclosures were made to 
 
were five feet ten in width by ten feet long. the military, or other authorities, before 
 
The window, two feet by one foot six inches, the last week in May, except by the wit 
 
was eight feet high from the floor, and ia ness Bennett. This creature professe_d to 
 
addition to bars was so slatted as to pre have made statements to Capt. Mills the day 
 
vent the inmate of the cell from seeing after the occurrence, implicating five men. 
 
either heaven or earth. There was no These men were all accessible, yet ia the list 
 
other means of ventilation, and with the of thirteen arrested in April, the name of 
 
door closed (which was always the case, but one .of Bennett's five can be found. 
 
except when the guard was humane enough Another one, Marshall, was in the room 
 
to transcend bis orders,) a gale might blow several times during their incarceration, 
 
outside without sending one puff of fresh but as a visitor. How improbable it must 
 
air to relieve the distended bursting veins appear to every reader that Bennett 
 
of the prisoner, although the opening of} charged Marshall with being one of the 
 
the cell door would create a draft that murderers before his Captain, as that 
 
was often objectionable. The prison sink, officer, twenty-five days later, allowed him 
 
just at the end of the hall upon which the to leave his company on a thirty days' fur 
 
cells opened, emitted such a stench as to lough. The question very naturally arises, 
 
render the risk of suffocation preferable to why were the first arrests made? The 
 
the horrid odor. But all this was not suf mystery was easily solved, and its solution 
 
ficiently horrible. With twenty vacant does not involve a midnight murder. A 
 
houses that might have been used, the | general apathy had pervaded the Demo 
 
military commenced on the 16th June to cratic party in regard to registering and 
 
make more prison room by dividing the voting. The policy of inaction had gov 
 
cells, reducing them in width to exactly erned the party, but the result in Alabama 
 
two feet ten inches. Will an indignant occasioned new acts of Congress that ren 
 
public believe this? A positive, horrible dered this policy no longer available, and 
 
truth. Not until the memorials of Dr. an active canvass was inaugurated. Mr. 
 
Chipley and Col. Lamar to Congress had Chipley, as Chairman of the Executive 
 
 MILITARY OtJTRAGE IN GEORGIA. 
 
Committee, had prepared complete printed I the War Department, to " work up " the 
 
lists of the voters in the county who could 'impeachment matter, was detailed by Gen- 
 
and had not registered, and was. through I eral Howard, acting under orders from 
 
sub-committees, urging all such to do their General Grant, to proceed to Atlanta, and 
 
cury. Messrs. Grimes and Barber were report to General Meade for orders. The 
 
candidates on the Democratic ticket. All detective having reported according to in 
 
the remainder except the spy, Stephens, structions, General Meade referred him to 
 
were known to be earnest Democrats. It Major Smythe, who told him of the ex 
 
was a common boast among the Radical amination already had, and its barren re 
 
recroes of the city, that John Wells's sults. In the mean time General Howard 
 
Democratic principles had gotten him into telegraphed to Kansas for one Major Whit- 
 
ley, who had figured prominently in the 
 
J But one comment is necessary. The services of the War Department in con- 
 
rarty was arrested the day registration ! nection with General Baker. Upon these 
 
commenced, and released the day it closed, [two worthies had Stanton and Holt devolved 
 
Mr. Chipley's second arrest followed close j the duty of getting the testimony on the 
 
tpon the presentation of his letter by Mr.! trial of Mrs. Surratt, and now Whitley 
 
Beck to Congress in fact, as soon as the ! was to be appealed to in the Georgia trials. 
 
proceedings in that connection could reach ! He arrived in Washington in obedience to 
 
General 3Ieade's headquarters. Another j General Howard's telegram, and was hur- 
 
eoiacidenee in dates occurred when Dr. I ried off to his new field of labor under 
 
Chipley's memorial was presented to the!the incentive of 40,000 reward. How 
 
Senate. It was telegraphed to Atlanta, well he has succeeded in his work of ma- 
 
r.nd Mr. Chipley was returned to a cell, nipulating witnesses, has been shown in 
 
If there was any other reason for this re- j the published testimony taken before the 
 
newal of torture in Chipley's ease, it has j Commission. 
 
tever been developed. In the evidence Can the people of the North imagine 
 
for the prosecution, the date of their dis- that men of unimpeachable character could 
 
closures is placed by the witnesses them- be subjected to the barbarous treatment 
 
selves, subsequent to the arrest of a ma- detailed in these pages, upon suborned ex 
 
j-;rity of the persons. Then upon whatjparfe evidence, which when produced in 
 
foundation were the arrests based? The court broke down of its own weight? Yet 
 
whole object was for political purposes. it can not be denied. A brief account of 
 
2so attention was paid to the death of his action in the N. E. Thomas murder, 
 
Ashbura in Columbus at the time it oc will show that General Meade was in 
 
curred. It was known that this victim of fluenced by political prejudice in the case 
 
assassination was a wretched outcast from j of the Columbus prisoners. 
 
society, and one forced to seek a .home in a j One Joshua Morse, a renegade Ala- 
 
tegro brothel. Yet when the report of ibamian, elected on the negro ticket to the 
 
Ashbarn's death reached Washington, par- j position of Solicitor for his circuit, to- 
 
ty machinery was set in motion to manu gether with a man named Gilmore, in cold 
 
facture out of it political capital. An op blood murdered N. E. Thomas, editor of 
 
portunity was offered to prove a southern the Choctow (Ala.) Herald. Morse, in a 
 
barbarity which would justify Radical tyr- letter to the Marengo Recorder, of date 
 
and outrage. General Meade was June 29th, 1868, gives a version of the 
 
ppealed to to have the matter investigated, difficulty and closes thus: "I have been 
 
and he dispatched to Columbus Major refused bail. The Justice of the Peace 
 
Sraytlie. a member of his staff, to examine has prejudged the ease, and my political 
 
into and report the facts; at the same time I enemies declare I ought to be hung. We 
 
of/"*fering a l1 arge- reward1* fo> r.T the appreh* en h. ave b- een f--orced to ap. ply to th- e com^ mand 
 
sion of the murderers. The Major caused ing General for protection. 
 
the arrest of a large number of citizens, 
 
" Very truly yours, 
 
but failing to obtain any clue to the per [Signed.] 
 
" JOSHUA MORSE." 
 
petrators of the deed, abandoned the game This murderer flies to General Meade 
 
as not worth the chase. The Washington ! for bail, while gentlemen against whom no 
 
directory, however, were not so easily sat-1 charge has been made, are detained in 
 
kfied. The services of a detective who i loathsome cells for months, under cireum- 
 
ha<! been in Washington under the pay of i stances without parallel in a free country. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Then what explanation can General Meade sooner the detectives would have found 
 
offer an indignant people for the outrage out that he was forty miles from town on 
 
upon R. A. Daniel, Cliff B. Grimes, Wm. the night of the murder, (as indiscreet 
 
L. Cash, James Lawrence, Drew Law friends always hastened to tell all they 
 
rence, Isaac Marks, Jacob Marks, John knew) and he would have been released, 
 
Stapler, and John Wells? These men were as Grimes, Cash, Daniel, and others were. 
 
placed in cells, and the affidavits in Appen When the prosecution had fallen through 
 
dix will show how cruelly they were treat of its own weight, the suborner Smythe 
 
ed. Yet they were released without trial, hurried off with the poor creatures he had 
 
condition, or explanation. The witnesses used. Could there be a more severe com 
 
altered their affidavits time and again, un ment upon the prosecution? Why were 
 
der the direction of Joe Brown, Whitley. the perjured wretches taken out of the 
 
and Smythe. For instance, General Meade State upon the eve of Georgia's mock re 
 
stated positively that he had sufficient evi turn to the Union? General Meade un- 
 
dence to hang every prisoner. A distin blushingly shields perjury. 
 
guished gentleman and friend of Meade's 
 
in the old army, replied that he could swear that Mr. Grimes was at his house, 
 
HUMANITY IN HIGH PLACES. 
 
three miles from town. The result was While the love of liberty and republi 
 
the release of Grimes. As proof of their can institutions is held dear in the hearts 
 
innocence was discovered by the detec of the people of the United States, just so 
 
tives, eight others were released. The long will the memory of George G. Meade 
 
father of one witness for the prosecution, be abhorred and detested. A new era is 
 
openly stated that his son was at home dawning, and soon this pliant minion of 
 
dead drunk at the time of the murder, power will only be remembered as a poor, 
 
and was unworthy of belief. The early unreasoning satrap, whose highest ambition 
 
adjournment of the Commission alone pre was to hold place by pandering to his 
 
vented this evidence from being produced. Radical masters at Washington. 
 
Beta owned he went into the affair for fifty Gen. Meade, upon his return from Phila 
 
dollars. Stephens was impeached by his delphia, was accompanied by an officer secjt 
 
mother and aunt before the Superior Court out by the President to investigate the ar 
 
of Muscogee county. His mother, a rests, when the partitions in the cells were 
 
white woman, lives in open adultery with knocked out, thereby making their width 
 
a negro man. Bennett and Amanda Pat- five feet ten inches, instead of two feet ten 
 
terson lived in a negro brothel, and both inches., as they were before. He also re 
 
swore to one thing on the inquest and an marked to Mr. Chipley, in the presence of 
 
other on the trial. Charles Marshall, the his mother-in-law and wife, that it had not 
 
soldier, acknowledged that he was per been his intention to confine men so who 
 
suaded to commit murder by associates, could give guaranties for their appearance. 
 
and all said that their disclosures were This was after the whole country had, in, 
 
made under'promises of protection if they thundering tones, denounced his despicable 
 
would, and threats of imprisonment if cruelty. His sincerity (?) even then was 
 
they refused, to give evidence. The trial evinced by the fact that men were con 
 
commenced a few days before' the Georgia tinued in cells for weeks afterward who 
 
Legislature was convened. The prosecu could have given bond to any amount. It 
 
tion expected to place their suborned evi is not an unusual practice for generals of 
 
dence on record before the country and limited renown to shift censure upon sub 
 
then turn the case over to the civil author ordinates; but Gen. Meade must stand 
 
ities upon the adoption of the fourteenth square to the rack this time and receive 
 
amendment. They were disgusted with the verdict of an outraged and indignant 
 
their own case and saw no other chance to public. 
 
influence public opinion. Fortunately the When Mr. Chipley left Columbus for 
 
Legislature hung fire, and several alibis Atlanta he was accompanied by a friend 
 
were proven, among others, Duke's, the who had known Meade intimately in the 
 
best ever produced in any court, before old army, and during the war served on 
 
the amend inent was passed. Duke was ar Gen. Lee's staff. He sought at once and 
 
rested but four days before the trial com found him (Gen. Meade) on the eve of his 
 
menced. Had he been taken into custody departure from Atlanta. In a short inter- 
 
 10 
 
MILITARY OUTRAGE IS GEORGIA. 
 
view which followed, he told ibis gentle- localities wherein crimes are alleged to have 
 
man that he had left full instructions with been committed. 
 
Gen. Sibley as to the disposition of the A few more eases like that of the incar- 
 
Columbus prisoners. Upon application ceration of the Columbus prisoners will 
 
this gentleman received a promise from! open the eyes of the people to the necessity 
 
Gen. Sibley that he should send the prison-! of providing for the trial of accused persons 
 
ers some comforts. When morning came! through the civil courts. The military 
 
and the proper permit was applied for,: have been, now are, and always will be an 
 
Gen. Sibley informed him that on re-ex- J unsafe depository of the legal relations of 
 
aimnlnff his instructions he found it im-' citizens. The power which" they exert in 
 
possible to make good his pledge. Gen. i the field is arbitrary and, to a great extent, 
 
Meade had already~said that these instrue- irresponsible. Their province is to com- 
 
tions were left by his order, and it was ; mand, not to give reasons for their orders. 
 
these instructions that deprived men at Not so with the civilian. When sitting as 
 
that time, not even accused of any crime,! a judge he is confined to precedents, and 
 
of liberty, of visits from friends or counsel, i is making precedents- in every decision 
 
of comforts to which they were accustomed, j which he announces. With the latter, the 
 
and even of the free air of heaven. This [ property, the liberty, the life of the citizen 
 
duplicity and cruelty may secure his family' is comparatively safe. The military act 
 
claim, now before Congress, but it will for-' upon emergencies, and the rapidity of their 
 
ever damn the name of George G. Meade. action precludes the due consideration 
 
which justice to accused persons demands. 
 
GENEKAL GKANT. 
 
The courts, on the other hand, are calm, careful, deliberate. Their rules of evidence 
 
In a few months the . country will be allow everything which can be brought 
 
called upon to decide whether or not this before the court in exculpation of the 
 
man shall be Government. 
 
placed at Will not 
 
the head of the every thinking 
 
accused. Military law seizes only a few salient points and on these a judgment is 
 
izan pause and reflect ? 
 
rendered. The people owe it to themselves 
 
The crime upon the Columbus prisoners and the nation speedily to abolish military 
 
followed close upon the Etawaw outrage. rule. Its effect is evil, and only evil. 
 
The recurrence of such affairs as that these During the progress of a war there may be 
 
pages describe presses home the questions: some necessity for its exercise. But in 
 
How long are the denizens of our Southern times of peace, when there is no armed 
 
States to be made the victims of military force against the Government, and no 
 
misrule? Must the people of that region hostility manifested by the citizens against 
 
forever be made the shuttlecocks of military power ? Will not the people enforce some 
 
the laws, military rule becomes a constant source of irritation, which disturbs the 
 
rule whereby peaceable, industrious, orderlov'mg citizens can prosecute their business 
 
social relations, deranges business, and keeps whole communities in a state of in 
 
frithout momentary dread of being incar cerated upon charges trumped up by po litical or personal foes ? More than three years have elapsed since the late civil war terminated. The condition of the Southern people is worse than during the war. In 
 
I 
 
quietude. None are benefited by such a 
 
state of things save the 
 
of unscrupu- 
 
lous adventurers who are ready to do 
 
anything which will fill their coffers, 
 
regardless of the effects thereof upon the 
 
people among whom they may temporarily 
 
the field they met open enemies only.! reside. The South is well-nigh paralyzed 
 
>*ow they suffer everything from the | by the military parasites which it is eom- 
 
nachinations of pretended friends ad- j pelled to support. Let these parasites be 
 
venturers of _ all sorts through the j withdrawn and peace, order, and prosperity 
 
southern portion of our republic. The j will again prevail throughout the sunny 
 
military, who ought to be their safeguard i side of our republic. 
 
and protection, are turned into an engine | One word from Gen. Meade would have 
 
of oppression. Call their localities States, | put an end to all these wrongs inflicted 
 
Territories, or what you will, there is no' excuse for so great a Government as our own withholding prompt, speedy, exact justice through the civil tribunals of the 
 
upon the Columbus prisoners; yet he withheld that word. One line from the pen of Gen. Grant would have checked the mad career of Gen. Meade, restored justice 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
11 
 
to the seat from which, she had been rudely Gen. Meade, in Atlanta, Ga., stating that 
 
thrust, and established civil liberty through I came as a Government detective, and he, 
 
out the blighted regions of the South. Gen. Meade, to pay my expenses. I arrived 
 
But that line remained unwritten, and the there about the 18th of April. General 
 
rude tyranny of brute force held high Meade referred me to Maj. Smythe, that 
 
revelry in the prisons of Georgia. 
 
he, Smythe, knew about the Ashburn mur 
 
Is the man who thus abuses power der case. Before I arrived in Atlanta there 
 
throughout ten States of the Union a had been several arrests made in Columbus, 
 
suitable depository of the destinies and the Ga., and Maj. Smythe informed me that he 
 
liberties of the people of the United States ? bad discharged them for the want of evi 
 
As the tree is judged by its fruit, so must dence to implicate them with the murder 
 
the fitness of Gen. Grant for preserving of Ashburn. He told me I could not 
 
the liberties of the citizen be judged by make anything by going to Columbus, but 
 
the manner in which he sustains the hoped I could make up a case. General 
 
subversion of the Constitution wherever Meade ordered me to go to Columbus. I 
 
his authority extends. 
 
stayed there two or three weeks. In this 
 
time I felt it was necessary for me to ar 
 
CONFESSION OF ONE OF SUBOKNERS. 
 
THE 
 
rest several parties. H. C. Whitley having been sent for by Gen. Meade at my request, 
 
Gen. Meade desired I should not make any 
 
Affidavit of Wm. R. Reed, Government arrests until the arrival of Whitley. Gen. 
 
Detective. 
 
Meade telegraphed to Washington to have 
 
WASHINGTON, D. C., 1 July 3, 1868. j 
 
the Government telegraph to Whitley, who was then in Kansas, for him to.come immediately to Georgia. He arrived in a 
 
Personally appeared before me, a Justice few days. Whitley came to Columbus and 
 
of the Peace, for the District of Columbia, met me. We had an interview with Capt. 
 
Wm. H. Reed, who, being duly sworn, Mills, the commander of the post, at Co 
 
deposeth and sayeth: I was telegraphed to lumbus, Ga., and recommended him to 
 
by H. C. Whitley, a Government detective, make several arrests, which he declined to 
 
to come to Washington from Boston, Mass. do without an order from Gen. Meade. 
 
In answer to that dispatch T arrived in Whitley got an order from Gen. Meade, 
 
Washington on the 6th of March, 1868. that Capt. Mills should arrest five or six 
 
I joined H. C. Whitley; he took me to parties, to be pointed out by myself and 
 
Chipman & Hosmer's office on 14th street, Whitley, and they were to be sent to Fort 
 
and they told me they wanted to employ Pulaski. We, before the arrests were made, 
 
uie as United States Government detective went to Atlanta, and got an order from 
 
in the impeachment of the President of Gen. Meade to the Commander of the post 
 
the United| States. Hosmer took me up at Savannah to give us, myself and Whit 
 
stairs, in the same building with his office, ley, full control of the prisoners after they 
 
to a one-legged man's room they called arrived at Fort Pulaski. While we were 
 
Doctor. Hosmer told me to go around on our way to the fort the following arrests 
 
the hotels and make my report every day were made in Columbus, Ga.: Stephens 
 
to the Doctor. In a few days Hosmer sent and Barber, two white men, and John 
 
me to Gea. 0. 0. Howard, commanding Stapler and John Wells, two negroes, and 
 
Freedmen's Bureau. The General told me sent to Fort Pulaski. Whitley and myself 
 
to make my report to Maj. Mann. I did so met them, the prisoners, at Savannah, and 
 
with several other detectives, including a proceeded to the fort with them. At the 
 
number of negroes, to the 14th or 15th fort one of the negroes, John Wells, was 
 
of April, and was paid by the Doctor and taken out of his cell and put into a chair 
 
Maj. Mann $300. General 0. 0. How in one of the casements with a cannon 
 
ard then ordered me to go to Atlanta pointed at his head, and a soldier hold of 
 
Georgia, and report to Gen. Meade, to work the string ready to snap the cap, apparent 
 
up the Ashburn murder case. He, Gen. ly to shootf. the gun; a barber lushed bis 
 
Howard, says, you go there by the order head full of lather and pretended to be 
 
of Gen. Grant. He, Howard, sent me to ready to shave his head. This was done 
 
Maj. Mann, who paid me one hundred dol to have him give evidence in regard to 
 
lars. Gen. Howard gave me a letter to killing Ashburn. The negro all the time 
 
 12 
 
MILITARY OUTRAGE IS GEORGIA. 
 
contending he knew nothing about the [ come out and expose the whole story, if they 
 
murder. "This farce was kept up about ten I were guilty themselves, they should be 
 
minutes; finally they put him back in his! protected from punishment by the Govern- 
 
cell. with the understanding that if he did 1 ment. Amanda Patterson, Bennett, Betz, 
 
not tell something it would be worse for Marshall and Stevens were all of the pris- 
 
him. They took the other negro, John oners that pretend to know anything about 
 
Stapler, and put him before the gun with | the murder. These parties gave no evi- 
 
r.o better success. He was afterward put in denee until they were imprisoned, tired out, 
 
the sweat-box and kept there in great pun- and the evidence wrung from them by 
 
ishment for at least thirty hours" until his Whitley and Major Smythe by promises 
 
legs swelled, and I took him out of the! of reward and security from punishment, 
 
box. being convinced he knew nothing | They, Whitley and Smythe, had frequent 
 
about the ease. At Whitley's and my re- conversations with Amanda Patterson, ed- 
 
quest the following other arrests were made: ucating her in the evidence she was to give; 
 
Daniel Betz. Amanda Patterson, who were also Betz and Stevens, making each one 
 
sent to Fort Pulaski. Stevens and Barber j repeat the evidence over and over again to 
 
were put in one cell. Whitley and myself have them perfect, so when they were 
 
secreted ourselves in the adjoining cell, but called upon to give their evidence they 
 
we could hear no conversation between would not contradict themselves, each one 
 
them implicating any of the prisoners. to tell the same story. Whitley remarked 
 
Amanda Patterson was considered an im- to me frequently that this whole case was 
 
portant witness and was put in officers' i a political move, and the conviction of the 
 
quarters. Whitley and myself talked with prisoners would be a big thing, 
 
her frequently in regard to the murder, but The prisoners that were intended as 
 
she earnestly declared she knew none of the ! witnesses were told that the Government 
 
parties, as they were masked and painted. had offered a large reward, and if the 
 
She acknowledged being in the house at parties under arrest were convicted, they, 
 
the time of the shooting. Whitley perse the witnesses, would get their share of the 
 
vered in questioning said Amanda. and said reward offered. During the time I was 
 
to me that he would in time get enough engaged in making up this ease in Georgia, 
 
evidence out of her to implicate some of I drew money from the Paymaster by Gen. 
 
the prisoners and other parties, so as to Meade's order. 
 
give Whitley an opportunity to make more [Signed,] 
 
WM. H. REED. 
 
arrests. Whitley then went to Columbus Subscribed and sworn to before me, a 
 
and arrested other parties. A man was Justice of the Peace, in and for Washing 
 
arrested named Bennett and sent to me at ton county, D. C., the 3d day of July, 
 
Port Pulaski to see if I could not draw 1868. 
 
some evidence from him in regard to the [Signed,] 
 
WM. MARTIN, J. P. 
 
murder. In my frequent conversations 
 
with this man Bennett, his prevarications 
 
From, the Columbus (Go,) Suit. 
 
convinced me if any one was guilty of the CARD FROM THE COLUMBUS 
 
killing of Ashburn this man Bennett was 
 
PRISONERS. 
 
guilty. After this Bennett was put in the 
 
cell with Betz to see if he could not draw Account some evidence from him. Afterward, he, 
 
of tJieir Arrest, Imprisonment, Treatment, &c. 
 
Bennett, was put in a room with Betz and 
 
JTTLT 25. 1868. 
 
Stevens, with the view of still obtaining Upon resuming our personal liberty, we, 
 
evidence from both of them together. He, the undersigned, known as the Columbus 
 
Bennett, admitted to me that he was in \ prisoners, deem it proper to publish the 
 
the crowd that done the shooting at Ash-! following brief account of our arrest and 
 
burn, and persuaded Betz and Stevens to I confinement by the military authorities, 
 
acknowledge the complicity of the pris-1 During the night of the 30th of March, 
 
oaers arrested with the murder. Whitley! Geo. W. Ashburn was assassinated in a 
 
and myself placed Bennett with Betz and i low negro brothel in Columbus, Ga. On 
 
Stevens for the purpose of working Betz! the 6th day of April thirteen citizens.were 
 
and Stevens up to testify against the pris-1 arrested by Capt. Mills, of the U. S. army, 
 
oners. We, Whitley and myself, promised On the 10th they were released under 
 
Bennett, Betz and Stevens, if they would bond. Four of this number have never 
 
 MILITAKT OUTRAGE IN GEORGIA. 
 
13 
 
been re-arrested. The man Mills stated privilege. Effused all communication that he did not know the charge against with their friends, relatives, or counsel, the party arrested, but no one believed they were forced to live in these horrid him, and the fact is only mentioned to cells night and day, prostrated by heat and show the character of the proceedings. maddened by myriads of musquitoes. The On the 14th day of May four arrests were calls of nature were attended to in a bucket, made, on the 24th four, on the 2d of June which was removed but once in twenty-four four more, on the 16th seven, followed the hours. 
next day by two others. On the 24th At McPherson Barracks we were placed another and the last arrest occurred. in cells five feet eleven inches wide by ten 
These arrests were made by the order of feet long. These cells were afterward di 
Gen. Meade. Several of the undersigned vided, reducing their width to tic'o feet have in their possession written orders ten inches. This is terrible, but true. which show this fact. The arrests were Upon the arrival of the officer sent from made without warrant, affidavit, or charge. Washington to investigate the arrests, the No preliminary examination was held. partitions were removed. Neither bed or We were kept in total ignorance of the bedding was furnished for from two to five ex, parte evidence against us, and the days. We were not permitted to see our names of our accusers were concealed from friends, family, or counsel until after us. No one who has followed the trial memorials to Congress had aroused the will be surprised at this apparent neglect. whole country to the enormity of the out 
While we were clamoring for the charges rage. Even after this, our LETTERS, against us, Joe Brown, Whitley, Maj. breathing the affection and sympathy of a Sniythe and others were suborning Betz, wife or mother, were subjected to inspec Marshal], Bennett, and Amanda Patterson. tion. The prison sink was immediately at The evidence for the prosecution acknowl our cell doors and emitted a stench that edges that disclosures were made under was horrible. threats of imprisonment. This is bad At times, when some humane soldier enough, but a worse feature is that the was willing to transcend his orders and date of these disclosures is placed by the give us a breath of fresh air to soothe our witnesses themselves subsequent to the arrest distended, bursting veins, we would ask of a majority of the prisoners. The ques him to close the door, preferring to risk tion naturally arises, upon what foundation suffocation rather than endure the intoler were the arrests based? Of the twenty- able smell. two persons arrested on and since the 14th During all this time we were ignorant of of May, four were suborned by torture, the charges against us. Of course we bribery, and threats. Nine, after confine accepted the common rumor that our arrest ment in felons' cells and much suffering, grew out of the murder of Ashburn, but were released without any explanation after our counsel was permitted to visit us 
whatever. The remaining nine are the no definite line of defense could be planned signers of this card. The prisoners arrest in the absence of all specifications. We ed in May were at Fort Pulaski before were furnished with a copy of the charges they were removed to Atlanta. Their cells against us on the 27th day of June, our were as dark as dungeons, without ventila trial having been set for the 29th. The tion, and but four feet by seven. No bed or intervening day was Sunday and we were blankets were furnished. The rations con 140 miles from the scene of the murder 
sisted of a slice of fat pork three times and the residence of our witnesses. each week, and beef, too unsound to eat, Several of the undersigned never saw the remaining days. A piece of bread for the detective, Whitley, until weeks after each meal, soup for dinner and coffee for their arrest. When they did meet him breakfast, finished the bill of fare. An be never presumed to treat them with dis old oyster can was given each prisoner, and respect. in this vessel both coffee and soup were Kecent developments, new to us, have served. It may be said that the soldiers shown him to be infamous, and bis treat received nothing better, but these citizens ment of suborned witnesses will be proven were not soldiers, and their friends were by those who know the facts. Our friends 
able, willing, and anxious to give them and the press have not exaggerated the 
every comfort. They were denied the barbarity with which we were treated, but 
 
 14 
 
MILITARY OUTRAGE UT GEORGIA. 
 
they should not throw the responsibility and respectful, with but few exceptions. 
 
upon a contemptible detective, who would Gen. Dunn's courtesy during the trial, 
 
only glory in the notoriety his infamy especially after Duke's alibi, was in strong 
 
would give him. We fly for higher game. contrast with the vindictive, ungenerous, 
 
Gen. Meade told Gen. E. fl. Chilton (during and unmanly conduct of Joe Brown. 
 
the war Gen. Lee's Adjutant), upon the eve Of the able and untiring efforts of our 
 
of his departure from Atlanta, that he had counsel, we can not speak in too Mghpraise. 
 
left full instructions with Gen. Sibley con To the people of Georgia, and especially 
 
cerning the disposition of the Columbus to our good friends in Atlanta, we return 
 
prisoners. These instructions controlled our sincere thanks for their sympathy and 
 
our treatment, and leave no issue as to the assistance. 
 
question of RESPONSIBILITY. At the 
 
W. D. CHIPLEY, 
 
proper time, and in a manner that will not 
 
C. C. BEDELL. 
 
intrude upon your valuable space, we will 
 
K. A. WOOD, ' 
 
make good our position, and will show 
 
E. J. KJRKSEY, M. D. 
 
conclusively that this unparalleled persecu 
 
R. HUDSON, 
 
tion was attempted solely and entirely for 
 
J. L. WIGGINS, 
 
political purposes. 
 
ALVA C. ROPER, 
 
The officers and soldiers of the garrison 
 
W. A. DUKE, 
 
were as kind as their orders would permit, 
 
JAMES W. BARBER. 
 
 PROCEEDINGS OF THE MILITARY COMMISSION. 
 
COUNSEL FOE. THE DEFENSE. 
 
ALEXANDER H. STEPHENS, 
JAMES 31. RAMSEY, HENRY L. BENNING, 
 
MAKTIN J. CRAWFORD, JAMES M. SMITH, 
 
R. J. MOSES, SK., 
 
WM. U. GARRARD, 
 
MARSHALL J. WELLBORN, LUCIUS J. GARTRELL. 
 
The Military Commission convened at MePherson Barracks, Atlanta, Georgia, 
 
HEADQUARTERS THIRD MILITARY DISTRICT, Department of Georgia, Florida, and Alabama. 
Atlanta, Georgia, June SB, 18C8. 
 
June 29th, 1868, by virtue of the following orders: 
 
[EXTRACT.] 
 
SPECIAL ORDERS, No. 139. 
 
HEADQUARTERS THIRD MILITARY DISTRICT, Department of Georgia, Florida, and Alabama. 
Atlanta, Georgia, Jane 23,1868. 
 
1. Brevet Brigadier General Elisha G. Marshall, Colonel TJ. S. Army, is hereby de tailed a member of the Military Commis 
 
[EXTRACT.] 
 
sion instituted in Special Orders No. 136, cur 
 
SPECIAL s- 
 
ORDERS, 
 
No. 
 
1.36.  
 
& 
 
rent series, from these headquarters, in place & of Brevet Brigadier General Rufus Saxton, 
 
II. A Military Commission is hereby ap pointed to assemble at MePherson Barracks, 
 
Major and Quartermaster TJ. S. Army, here by relieved from that detail. 
 
Atlanta, Georgia, at 10 o'clock A. M., on Mon day, the 29th day of June, 1868, or as soon thereafter as practicable, for the trial of snch prisoners as may be brought before it by or ders from these headquarters. The Commis sion will sit Tvithout regard to hours. 
 
By order of Major General Meade. R. C.JDRUM, 
Assistant Adjutant General. Official: 
W. W. SANDERS, A. A. I. G. 
 
DETAIL FOR THE COMMISSION. 
 
McPnERSON BARRACKS, ATLANTA, GA., "I 
 
1. Brevet Brigadier General Caleb C. Sib- 
 
June 29, 1868, 10 o'clock A. M. J 
 
ley, Colonel ^6th Infantry. 2. Brevet Brigadier General Rufus Saxton, 
 
The Commission met pursuant to the 
 
Major and Quartermaster TJ. S. Army. 
 
foregoing orders: 
 
3. Brevet Brigadier General John J. Mil- 
 
hau, Surgeon TJ. S. Army. 
 
PRESENT. 
 
4. Brevet Colonel John R. Lewis, Major 1. Brevet Brigadier General Caleb C. Sib- 
 
44th Infantry. 
 
ley, Colonel 16th Infantry. 
 
5. Brevet Lieutenant Colonel Robert E. A. 2. Brevet Brigadier General Elisha G. 
 
Crofton, Captain 16th Infantry. 
 
Marshall, Colonel U. S. Army. 
 
6. Brevet Major Samuel E. St. Onge, Cap 3. Brevet Brigadier General John J. Mil- 
 
tain 16th Infantry. 
 
hau, Surgeon U. S. Army. 
 
7. Brevet Major George M. Brayton, Cap 4. Brevet Colonel John R. Lewis, Major 
 
tain 33d Infantry. 
 
44th Infantry. 
 
Brevet Brigadier General William McKee 5. Brevet Lieutenant Colonel Robert E. A. 
 
Dunn, Assistant Judge Advocate General of Crofton, Captain 16th Infantry. 
 
the army, is appointed Judge Advocate of 6. Brevet Major Samuel E. St. Onge, Cap 
 
the Commission. 
 
tain 16th Infantry. 
 
7. Brevet Major George M. Brayton, Cap 
 
By order of Major General Meade. 
 
tain 33d Infantry. 
 
R. C. DRUM, 
 
Brevet Brigadier General William McKee 
 
Assistant Adjutant General. Dunn, Assistant Judge Advocate General of 
 
Official: W. W. SANDERS, A. A. I. G. 
 
the Army, Judge Advocate. 
 
 16 
 
MILITARY OUTRAGE IS GEORGIA. 
 
The Commission then proceeded to the j not waive any right to object to the juris- 
 
trial of Elisha J. Kirksey, Columbus C. j diction of the Commission. 
 
Bedell. James W. Barber. William A. i The members of the Commission were 
 
Duke, Robert Hudson. William D. Chip- ' then severally duly sworn by 'the Judge 
 
ley. Alva C. Roper. James L. Wiggins, | Advocate, and the Judge Advocate was 
 
and Robert A. Wood, who being called! duly sworn by the President of the Com- 
 
into court, and having heard the foregoing | mission, all of which oaths were adminis- 
 
orders read, and also the following charge ! tered in the presence of the accused, 
 
and specification against them, and the in- Eugene Davis was duly sworn by the 
 
dorsement thereon: 
 
Judge Advocate as phonographic re 
 
porter for the Commission, which oath was 
 
CHARGE. Murder. 
 
administered in the presence of the ac- 
 
SPECIFICATION. In this, that the said; cused. 
 
Elisha J. Kirksey. Columbus C. Bedell. Jas. j The accused then applied for permission 
 
W. Barter. William A. Duke, Robert Hud- 
son. "William D. Chipley, Alva C. Roper, Jas. L. Wiggins, Robert A. Wood, Henry Hennis, 
 
\ 
 
to introduce Stephens, M. 
 
as J. 
 
counsel, Messrs. Crawford, J. 31. 
 
A. H. Smith, 
 
Herbert W. Blair, and Milton Maloue, on the H. L. Benning, R. J. Moses, J. N. Ram- 
 
31st day of March, 1868. in the city of Co sey, and L. J. Gartreli. 
 
lumbus, in the county of Muscogee, State of Georgia, in and upon one George W. Ashbum, then and there being in the peace of 
 
\ 
 
Permission having A_ . .H- . Ste^phens. M. 
 
been granted, Messrs. J. Crawford,_ J. M. 
 
the said State, feloniously and willfully did i omith, J. JS. llamsey, and L. J. Gartreli, 
 
make an assault; and did then and there fel- j were introduced and took their seats as 
 
oniously, unlawfully, willfully, and with i counsel for the accused; Messrs. H. L. malice aforethought discharge pistols load- Bennin? and R. J. Moses being absent. eGdeowrigteh Wpo.wAdsehrbaunrdn;leaanddenwibthaltlhseastatihdebsaalilds . mTh, e SJ-udjge AA djvocate reques?tedj permis- 
 
discharged as aforesaid, did wound the said I sum to introduce Joseph L. Brown, and 
 
George W. Ashburn in the left leg, above I Brevet Major W. H. Smythe, Captain 16th 
 
Infantry, as assistants to the Judge Ad and near the ankle joint; and with the said s*-^A AA 4-1* n. ATvTn Z.Z--i. . A _ J __.;4.T~ +l,n r-nZA T f* 
 
i 
 
. 
 
..*> 
 
I 
 
, 
 
,1 
 
T1 
 
A1 
 
balls discharged as aforesaid, did wound the said George W. Ashburn in the lower part of the nates; and with the said balls, discharged 
 
vocate. The accused were then arraigned on the 
 
as aforesaid, did wound the said George W. following charge and specification, which 
 
Ashbnrn in the forehead, which said wound. charg^e and specification, and the indorse- 
 
inflicted in the forehead as aforesaid, was j menf thereon, were read aloud by the 
 
mortal and of which said mortal wound, Ju(j AdTOeate ia the presence of the 
 
inflicted in the manner and form aforesaid,! " , 
 
r 
 
the said George W. Ashburn, then and there i aceused. 
 
died; and the said Elisha J. Kirksey. Colum- j 
 
bus C. Bedell, James W. Barber, William A. j CHARGE. Murder. 
 
Duke, Robert Hudson, William D. Chipley, SPECIFICATION-._In this: that the said 
 
Alva C. Roper, James L. Wiggins, Robert A. Elisha J. Kirksey. Columbus C. Bedell. Jas. 
 
Wood, Henry Eennis, Herbert W. Blair, and w. Barber, William A. Duke, Robert Hudson, 
 
Milton Malone, the said George W. Ashburn, William D. Chipley, Alva C. 'Boper, James 
 
in the manner and form aforesaid felonious L. Wiggins, Robert A. Wood, Henry Hennis, 
 
ly, unlawfully, willfully and of their malice Herbert W. Blair, and Milton Malone, on the 
 
aforethought, did then and there kill and 31st day of March, 1868, in the city of Co 
 
murder, contrary to the laws of said State, lumbus, in the county of Muscogee, State of 
 
the good order, peace, and dignity thereof. Georgia, in and upon one George W. Ash 
 
[Signed.] 
 
Wit. H. SMYTHE, 
 
burn, then and there being in the peace of 
 
Captain 16th Infantry, and Brevet Major TJ. the said State, feloniously and willfully did 
 
S. A., Acting Judge Advocate. make an assault; and did then and there fel 
 
INDOKSEICEST Respectfully referred to Brevet Brigadier General Dunn. Judge Ad 
 
oniously, unlawfully, willfully, and malice aforethought, discharge pistols 
 
with load 
 
vocate of the Commission for trial. 
 
Bv order of Major General Meade. 
 
[Signed.] 
 
R. C. DUXX, A. A. G. 
 
Third Military District, June 27, 1868. 
 
ed with powder and leaden balls at the said George W. Ashburn; and with the said balls 
discharged as tforesaiil, did wound the said George W. Ashburn in the left leg, above 
 
and near the ankle joint; nnd with the said 
 
Were severally asked if they had any balls discharged as aforesaid, did wound the objection to be tried by any member pres- ' said George W. Ashburn in the lower part of 
 
ent named in the orders; to which they |^^^"^ftS* severally replied in the negative, but stated I Ashburn in the forehead, which said wound, that in making no such objection, they did j inflicted in the forehead as aforesaid, was 
 
 MILITARY OUTRAGE EST GEORGIA. 
 
17 
 
mortal, and of which said mortal wound, Permission having been granted, he was 
 
inflicted in the manner and form aforesaid, the said George W. Ashburn, then and there died; and the said Blisha J. Kirksey, Colum bus C. Bedell, James W. Barber, William A. 
 
accordingly introduced and took his seat as additional counsel for the defense. 
The counsel for the accused then entered 
 
Duke, Robert Hudson, William D. Chipley, the following plea to the charge and 
 
Alva C. Koper, James L. Wiggins, Robert A. specification, which is appended and 
 
Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, the said George W. Ashburn, in the manner and form aforesaid felonious ly, unlawfully, willfully and of their malice 
 
marked document "A." 
The Judge Advocate stated that it would be necessary for each of the accused to 
 
aforethought, did then and there kill and plead separately to the charge and specifi 
 
murder, contrary to the laws of said State, cation. The accused were then severally 
 
the good order, peace, and dignity thereof. 
 
[Signed.] 
 
WM. H. SMYTHE, 
 
Captain 16th Infantry, and Brevet Major U. 
 
S. A., Acting Judge Advocate. 
 
asked by the Judge Advocate how they pleaded to the charge and specification which was read to them yesterday. The 
 
INDORSEMENT. Respectfully referred to accused then severally pleaded as follows: 
 
Brevet Brigadier General Dunn, Judge Ad vocate of the Commission for trial. 
By order of Major General Meade. 
 
To the specification, " Not guilty." To the charge, "Not guilty." 
 
[Signed.] 
 
J R. C. DRUM, A. A. G. 
 
Third Military District, June 27, 1868. 
 
Examined liy the Judge Advocate. 
 
The counsel 
 
for the accused here asked 
 
Charles Marshall, a witness for the prosecution, was then called, and having 
 
that they may be allowed until to-morrow been duly sworn, testifies as follows: 
 
to file their answer or plea to the charge, for the following reasons, viz: that Ales. H. Stephens, who had been assigned to the 
 
Q. What is your name, your age, and your occupation? A. Charles Marshall; age, twenty-seven; occupation, soldier. 
 
position of leading counsel for the ac Q. In what service are you a soldier, 
 
cused, had had no personal acquaintance with any of the prisoners until he met 
 
how long have you been in that service, and to what company do you belong? A. 
 
them in the court-room, and had never The United States service; in that service 
 
seen the charges until a short time ago this morning. 
 
since 1861; belong to company Gof the 16th infantry. 
 
The Commission was then cleared, and after deliberation the doors were again opened, and the Judge Advocate announced 
 
Q. Where have you been on duty during the last year? A. In Columbus, G-a. 
Q. Were you acquainted with George 
 
to the accused in open court, that the re W. Ashburn, late of Columbus, Ga.? A. 
 
quest of counsel was granted. 
 
Yes, sir. 
 
The Commission then adjourned until to-morrow (Tuesday, the 30th inst.) at 10 
 
Q. Were you present at his death? Yes, sir. 
 
A. 
 
o'clock A. M. 
 
Q. Did he die a natural death or a death 
 
McPHEBSON BARRACKS, ATLANTA, GA., \ by violence? A. By violence, sir. 
 
10 o'clock A. M., June 30, 1868. J 
 
Q. State how you came to be present at 
 
Commission met pursuant to adjourn his death. A. I was induced to go there, 
 
ment. 
 
sir. 
 
Present, same members as yesterday, Q. Who induced you to go there? 
 
the Judge Advocate, the prisoners on trial, State all the circumstances attending the 
 
and their counsel. 
 
death of Ashburn, so far as you know 
 
The record of yesterday's proceedings them. A. The first person that spoke to 
 
was read and approved. 
 
me about it was Doctor Kirksey, about 
 
The Judge Advocate then asked per three weeks before the affair took place; I 
 
mission to introduce John D. Pope, of the had another interview with him about 
 
firm of Brown & Pope, as assistant to the three days before it took place. The night 
 
Judge Advocate. Permission having been that the affair took place I went down 
 
granted, he was accordingly introduced there, about between the hours of half past 
 
and took Ms seat as assistant to the Judge eleven and half past twelve, as near as I 
 
Advocate. 
 
can judge; I met a party in a vacant lot 
 
The accused asked permission to intro near the house the party that committed 
 
duce Marshall J. Wellborn as additional the deed; we then crossed the street; one 
 
counsel for the defense. 
 
of the party asked for admission into the 
 
k. 
 
 13 
 
MILITARY OUTRAGE IS GEOKGIA. 
 
house knocked at the door; the answer! a party being gotten up for that purpose, 
 
came from the inside, "Who is there?" I sir. 
 
The answer was then made by the party j Q. "What did he say about the party? 
 
outside. " 3Iary Tillicghurst," or some I A. He didn't mention no names to me, sir. 
 
such name as that; I can't exactly re- Q. Do you know whether Dr. Kirksey 
 
member the name; the party inside asked, asked any person to join the party?' A. 
 
' What do you want?" the answer was He asked me. 
 
then made, "I want to see Hannah Flour- Q. What did he say to you about join 
 
ney.:! She says, "I can't let you in; it's ing the party? A. He told me it would 
 
too late:" or "at this time of night." I am be all right if I did. 
 
net positive which, but it was one of those Q. Anything else? A. Tes, sir; that 
 
two. The party outside made answer and I hadn't long to serve in the army, and 
 
said: "If you don't let me in I'll break the could come back to Columbus to live. 
 
door down." The panel of the door was Q. Did he state any reason why 
 
then broken and the door opened. There Ashburn should be put out of the way? 
 
were three rooms in the house. As soon as A. No, sir; not directly there. 
 
the door was broken open the party made Q. Did he say anything about the 
 
through the house to where Mr. Ashburn's number who would probably be of the 
 
room was: it was the third room, in the party to dispose of Ashburn? A. He 
 
rear of the house; he asked, "Who comes said there would be a crowd, sir; that was 
 
there ?" and then opened the door and all. 
 
stepped hack. There was a round table in Q. Did he name any person who would 
 
the middle of the floor and he lit a candle; be of the crowd? A. No, sir. 
 
the candle was sitting on the table. As Q. Was there anything said in that 
 
soon as the door was open one of the party conversation by Dr. Kirksey in regard to 
 
made the remark, "There's the d d s t." any reward or profit that you or any one 
 
Ashburn was behind the table that time. else might get by joining in the party 
 
when the firing commenced. As soon as i against Ashburn? A. Nothing more than 
 
the firing commenced he fell: after he was I that I would be all right, sir; have any- 
 
down one of the party stooped down to the thing I wanted. 
 
side of the door and fired. There were Q. When did the second interview with 
 
from tea to fourteen shots fired altogether, Dr. Kirksey, of which you have spoken, 
 
as near as I can recollect. After that was take place? A. A few days before the 
 
over I went out of the house immediately; affair took place, sir. 
 
weat across toward the Perry House and Q. Where? A. On Broad street.1 
 
up Jackson street to my quarters the: Q. State what passed between you in 
 
court-house. In the first I part of my} that interview? A. He told me that the 
 
statement I forgot to say that there was a party was made up and the affair would 
 
eoat handed to me nearly opposite the soon take place, and that when it did I 
 
house as I went down. 
 
should know of it. 
 
Q. You say that the first person who Q. Did you afterwardget notice when the 
 
spoke to you of this matter was Doctor " affair," as you call it, was to take place? 
 
Kirksey? A. Yes, sir. 
 
A. Yes, sir. 
 
Q. JLf he is present, point him out. A. Q. How, when, and where did you get 
 
There he is sir (pointing to one of the that notice? A. At my quarters, about a 
 
accused). 
 
little before three o'clock on the afternoon 
 
Q. How long was that, did you of the 30th. the day it took place; it was 
 
say. before the death? A. About three brought to me by a negro boy. 
 
weeks. 
 
Q. Brought, how? A. It was wrapped 
 
Q. Where did the interview first sp4 oke._n ,up in apiece of brown paper; there was 
 
of. between you and Dr. Kirksey, take! a mask with writing on a piece of paper 
 
place? A. On Broad street, Columbus, j on the inside of it; the writing stated, 
 
Ga- 
 
I" meet to-night at twelve o'clock." 
 
Q. What did Dr. Kirksey say to you in j Q. What has become of that writing? 
 
that interview? A. Well, sir, he spoke of\A. I tore it up, sir, as soon as I read it. 
 
getting Ashburn "out of the way." 
 
Q. State, if you remember, what that 
 
Q. What did he say about getting Ash- writing contained? A. Meet to-night at 
 
bura "out of the way?" A. He spoke of] twelve o'clock, sir. 
 
1 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
19 
 
Q. Did you know the negro boy who and a pair of dark pantaloons not uni 
 
left the bundle, as you have said? A. I form. 
 
did not, sir; had never seen him before as Q. Whom else did you meet there about 
 
I know of. 
 
the time Hennis gave you the coat? A. 
 
Q. What kind of a mask was it? A. About a few minutes afterward a very 
 
An ordinary false-face, sir, made out of short time afterward I met the other par 
 
pasteboard. 
 
ty. I met Hudson, Duke, Barber, Bedell, 
 
Q. Was there any signature to the Dr. Kirksey, and Milton Malone. [Here 
 
notice you say you received? A. No, the witness, at the request of the Judge 
 
sir. 
 
Advocate,' identified each of the parties 
 
Q. Did you know the handwriting? just named as being among the accused.] 
 
A. No, sir. 
 
Q. Where did you meet those persons 
 
Q. Did you act upon the notice you have whom you have named and pointed out? 
 
mentioned, and if so when did you go and A. I met them in a vacant lot across from 
 
whom did you meet? A. I left my quar the house. 
 
ters that night between half past eleven Q. What house? A. The house where 
 
and twelve o'clock; went over toward the Ashburn was killed. 
 
Perry House, which is across from the Q. How far from that house? A. I 
 
place where this occurrence took place; I should judge two hundred yards, one hun 
 
met this party in a vacant lot opposite dred and fifty, somewhere along there. 
 
from the house on the other side of the Q. Where did you proceed from there? 
 
street. Before I met the party I was A. To the house, sir. . 
 
handed a coat. 
 
Q. What house? A. Where Ashburn 
 
Q. Who was the person who handed you was killed. 
 
a coat? A. Henry Hennis. 
 
Q. Where is that house situated ? A. 
 
Q. How did he come to hand you a On Oglethorpe street, in the city of Colum 
 
coat? A. I met him just below the Perry bus; I forget the name of the streets it is 
 
House and he handed me the coat and said, between. 
 
"put this on." 
 
Q. Describe the house as to how it 
 
Q. Had you any previous arrangement stands with reference to the points of the 
 
with him about a coat for that occasion? compass, the number of rooms, and par 
 
A. Not with him I hadn't, sir. 
 
ticularly as to the room in which Ashburn 
 
Q. Had you with any person, and if so. was killed. A. The house stands on the 
 
with whom? A. Yes, sir; I told Dr. west side of the street; it is a one-story 
 
Kirksey I wanted a rig, and he told me it frame house, three rooms; the front door 
 
would be there for me. 
 
is in the center; I am not positive whether 
 
Q. Why did you want a "rig?" A. there were two windows in the front or 
 
Because I didn't want to wear my uni not; there is a side door in the third 
 
form, sir. 
 
room leading into an alleyway; as regards 
 
Q. When did Dr. Kirksey inform you the back of the house I know nothing; 
 
that there would be a rig there for you? the door of the second room faces the 
 
A, At the second interview I had with front door as it opens; the front door 
 
him. 
 
opens to the right, and the door of the 
 
Q. What do yon mean by a "rig?" A. second room opens to the left; the door 
 
I mean a suit, sir. 
 
of Mr. Ashburn's room opened to the 
 
Q. What kind of a coat was the one left; the door of his room is toward the 
 
given to you, as you have said? A. It left side of the house as you go in, it 
 
was a grayish coat, sir; an English walk doesn't face the door of the second room; 
 
ing coat. 
 
there is a fire-place in the center of the 
 
Q. What kind of buttons did it have back room in which Mr. Ashburn was 
 
on? A. The buttons were of bone; what killed; those are about all the points I 
 
their color was I don't know. 
 
know of. 
 
Q. Large or small buttons? A. Rather Q. Does the house stand lengthways 
 
large, sir. I would not be positive about with the street or endways to the street? 
 
the exact size. 
 
A. Endways to the street. 
 
Q. What kind of pantaloons and cov Q. Did you go into the house you have 
 
ering for the head did you have on at that described the night Ashburn was killed? 
 
time? A. I had on a black slouched hat If so, state when you entered, and what 
 
 20 
 
MILITARY OUTRAGE IX GEORGIA. 
 
other persons, if any. went in with. you. other man, I am not positive who it was. 
 
A. I did. sir. somewhere in the neighbor I rather think it was Betz, but I am not 
 
hood of midnight; the parties that went positive about it. 
 
in with me are those that I hare men-) Q. Did all those persons fire on Ash- 
 
tioned; there were others there, but those bum? A. Yes, sir. 
 
I could not recognize, and don't know who Q. State what conversation, if any, took 
 
they are: there were from twenty to thirty place between Ashburn and your party 
 
in the party. 
 
previous to his death? A. The remark he 
 
Q. Did you see anything of George made was, " Who comes there?" then he 
 
Betz that night? and if KO. where did you opened the door and stepped back and one 
 
see him? A. I saw him there in the par of the party then made the remark, 
 
ty, sir. 
 
" There's the d d s t," t'and then the 
 
Q. "Was he in the house with you? A. firing commenced. 
 
Yes. sir. 
 
Q. Who was the person who made the 
 
Q. "Were there any others in the house vulgar remark you have just mentioned? 
 
besides those you have named? A. Yes, A. Hudson, sir. 
 
sir. 
 
Q. How were your party armed? A. 
 
Q. Name them. A. I could not name With revolvers. 
 
them, sir; I am not positive who they Q. Did you see Ashburn that night after 
 
were. 
 
he was dead? A. I saw him fall, sir. 
 
Q. Why don't you know who they were? Q. Did you see any other persons go 
 
A. It was impossible for me to know all into the room after Ashburn fell; and if 
 
of them. sir. 
 
so, who were they? A. I seen two look 
 
Q. Why was it impossible? A. There j into the room; there was not any person 
 
was too large a party, and I was not in | went into the room as I know of; I would 
 
the party only a short time before the af- not be positive whether any went in or not. 
 
fair commenced. 
 
Q. Who were the two persons who you 
 
Q. How large was the party? A. From say looked into the room after he fell? 
 
twenty to thirty, sir. 
 
A. Kirksey and Bedell. 
 
Q. Were any of them disguised? A. Q. Did either of them do or say any 
 
Yes. sir. all that I saw and talked with thing? A. No, sir; somebody made the 
 
were disguised in a manner. 
 
remark then, "Come on, boys," and the 
 
Q. How were they disguised? A. By party went out. 
 
masks, the majority of them. 
 
Q. Was it immediately after Ashburn 
 
Q. Were there any persons in the house fell that Kirksey and Bedell looked into 
 
besides Ashburn when you entered it? the room where he was ? A. Yes, sir. 
 
A. Yes. sir. 
 
Q. Was there a light in Ashburn's 
 
Q. State who? A. There was a colored room at the time the assault was made 
 
woman and a white woman. 
 
i upon him, and if so, what kind of a light 
 
Q. Do you know their names? A. I: was it? A. Yes, sir; a candle- 
 
have heard their names, sir; the white Q. How long did your party remain in 
 
woman's name was Amanda Patterson, the the house after Ashburn was killed? A. 
 
colored woman's name Hannah Flourney. Hardly any time at all, sir. 
 
Q. Did you see any man in the house Q. Where did they go to from there? 
 
besides the party you were with and Ash- A. They dispersed, sir. 
 
burn? A. I did not, sir. 
 
Q. Where did you go? A. I went 
 
Q. What did your party do after they home, sir, to my quarters. 
 
entered the house? A. Proceeded to the Q. You say, I believe, in your previous 
 
back room where Mr. Ashburn was. 
 
evidence, that one of your party stooped 
 
Q. Tell what took place there? A. The down and fired at Ashburn; who was that? 
 
firing commenced there, and he was killed A. It was Hudson, sir. 
 
there, sir. 
 
Q. Where was Ashburn at the time 
 
Q. Who fired upon him? A. A party Hudson so fired? A. He was behind the 
 
in the door. 
 
table, sir, lying on the floor. 
 
Q. In what door? A. The door of his Q. Did Hudson make any remark at the 
 
room. sir. 
 
time he fired ? A. No, sir. 
 
Q. Who constituted that party? A. Q. Could he have shot Ashburn 
 
Myself. Duke, Barber. Hudson, and an- without stooping down, after Ashbura 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
21 
 
fell? A. The table was in the way, Q. Worth about how much? A. Three 
 
sir. 
 
or four hundred dollars, sir. 
 
Q. Did you see the remains of Ashburn Q. Who gave it to you? A. It was 
 
after that night ? A. No, sir. 
 
handed to me by a clerk in a jeweler's 
 
Q. Did you have any conversation with store. 
 
any of the other parties connected with Q. State his name, when and where he 
 
the assassination of Ashburn previous to handed the watch to you ? A. Ingmire 
 
the meeting for that purpose ? A. No, sir. is his name; he handed me the watch on 
 
Q. Had you heard the matter of dis the night of the 24th of April, in front of 
 
posing of Ashburn discussed previous to the Presbyterian Church. 
 
that night ? A. No, sir; not particularly. Q. Do you know who provided that 
 
Q. What induced you to take part in watch for a present to you ? A. I do not, 
 
the killing of Ashburn ? A. Well, sir, sir. 
 
there was a great many inducements. 
 
Q. Did any person tell you before you 
 
Q. State them. A. The various as received it that it was to be presented to 
 
sociations I had, sir; I always had it you? A. Yes, sir; several spoke to me 
 
instilled into my mind that he was better about it. 
 
out of the community than in it. 
 
Q. Name them. A. Barber and a 
 
Q. To what associations do you refer ? young gentleman named Gunby spoke to 
 
A. People in town, sir. 
 
me about it; said that I would receive it; 
 
Q. Was there any sort of organization a man by the name of Williams spoke to 
 
that you know of where the propriety of me about it also. 
 
getting clear of Ashburn was discussed or Q. Was there anything besides the 
 
considered ? A. Not as I know of, sir. watch given to you at that time ? A. A 
 
Q. How did it get instilled into your chain, sir, with the watch. 
 
mind that Ashburn should be disposed of? Q. Was Mr. Ingmire a particular friend 
 
A. Well, sir, by conversation I had with of yours? A. No, sir; I was not much 
 
different people; all my companions were acquainted with him. 
 
outside of my company; I attended very Q. Did you receive any other present of 
 
little to my duty as I should have done, value, at the death of Ashburn, from any 
 
and I was warned by my commanding of the citizens of Columbus? A. No, sir; 
 
officer to stop my associations, but I failed I received no present. 
 
to do that, and kept headlong in my course, Q. Did you not receive money? A. 
 
which brought me where I am; had I Yes, sir; I received that in form of a loan. 
 
taken his advice I should have done right Q. How much, and from whom? A. 
 
instead of wrong. 
 
I received one hundred dollars from Mr. 
 
Q. Were any of these men on trial your Wilkins, formerly Mayor of the town. 
 
associates in Columbus? A. I used to Q. How did you, a private soldier, come 
 
speak to them; would meet them very to have such good credit with Mr. Wilkins? 
 
frequently, nearly all of them. 
 
A. I don't know, sir; I asked him for the 
 
Q. Have you had much acquaintance loan of it, and he told me I could have it. 
 
with the defendant Chipley? A. No, sir, Q. Did he let you have it immediately 
 
I have not; I never spoke to him in my upon your asking for it? A. No, sir; 
 
life until after the occurrence. 
 
about a week afterward. 
 
Q. What conversation did you have with Q. What conversation passed between 
 
him after the occurrence? A. I merely you at the time you asked for this loan? 
 
spoke to him up in the court-house when A. I asked him for the loan of it, saying 
 
he was under arrest; merely passed the that I wanted to go home on furlough. 
 
time of day with him, sir. Q. Have you had no other conversation 
 
Hgoe-"says, ''I will let you have it before you 
 
with him ? A. No, sir. 
 
Q. Had you and the Mayor been oa 
 
Q. Since this occurrence have you re intimate terms previously? A. Yes, sir. 
 
ceived any valuable presents from any Q. Did anybody else suggest to you to 
 
person in Columbus; if so, state what? apply to him for a loan ? A. No, sir. 
 
A. I received a watch since that occurrence, Q. Did you go home on furlough, and 
 
sir. 
 
if so, when? A. Left on the 25th of 
 
Q. What kind of a watch? A. A gold April and returned about the 24th of May. 
 
hunting-case watch. 
 
Q. How did it happen that you and the 
 
 22 
 
MILITARY OUTBAGE IN GEORGIA. 
 
Mayor were on such good terms? A. i Q. Do you know whether your shot 
 
Nothing as I know of. sir. 
 
struck him? A. I do not, sir. . 
 
Q. Have you ever returned the money Q. Have you had any conversations with 
 
so borrowed, or have you ever been asked  any of these prisoners about the killing of 
 
to return it? A. No, sir. 
 
Ashburn since the occurrence? A. No, sir. 
 
Q. Did you give any note or surety for Q. Did all the persons engaged in this 
 
the loan ? A. No, sir. 
 
affair enter the house that night? A. No, 
 
Q. What did Ingmire say to you when sir. 
 
lie handed you the watch and chain? A. Q. Did you see any others about except 
 
He told me to take it; that is about all those in the house with you ? A. There 
 
the remark he made: "Take this and take were some others at the side. 
 
care of it." 
 
Q. How do you know that? A. Be 
 
Q. Didn't he tell you, or intimate to cause the side door was broken in. 
 
you. who the present was from ? A. He Q. What door do say was broken in? 
 
said it was from my friends. 
 
A. The side door; the door from the alley 
 
Q. Did he tell you. or did you know, into Ashburn's room. 
 
what friends he referred to ? A. No, sir; | Q. When was that door broken in? A. 
 
none particular. 
 
During the firing, sir. 
 
Q When were you to pay the money Q. Was it thrown open? A. I would 
 
borrowed from the Mayor? A. There not swear whether it was or not; I am not 
 
was no time mentioned, sir. 
 
positive. 
 
Q. Has he applied to you since you Q. Could you recognize the persons 
 
returned for payment ? A. No, sir. 
 
outside, about the door broken in? A. 
 
Q. Has any person, for him, applied to No, sir. 
 
you for payment ? A. No, sir. 
 
Q. Does the size and form of any one 
 
Q. Have you seen him since you re of the prisoners here, whom you have not 
 
turned? A. Yes, sir; frequently. 
 
indentified, correspond with those of any 
 
Q. State the day of the month and the person whom you saw in the house, and 
 
day of the week, if you can, when Ash- whom you then did not recognize? A. 
 
burn was killed? A. It was Monday, Yes, sir; I saw one man "that night I 
 
the 30th of March. 1868. 
 
thought was Mr. Chipley; I would not be 
 
Q. Was he killed before or after mid positive, but I thought so from the size of 
 
night ? A. It was about midnight; the man. 
 
Monday was the 30th, and it was the Q. Was the person whom you thought 
 
night between Monday and Tuesday that was Mr. Chipley disguised, and if so, how? 
 
he was killed. 
 
A. Yes. sir; disguised with a mask. 
 
Q. Do you know what county and State Q. Who seemed to be the leader of your 
 
Columbus is in? A. State of Georgia; party? A. This man I speak of. 
 
I believe it is in Muscogee county, sir; I Q. Which man? A. The man I sup 
 
am not certain. 
 
posed to be Chipley. 
 
Q. Were your interviews with Kirksey Q. What did this leader do? A. He 
 
in the day time or in the night, and was i appeared to have all the say in the party, 
 
any person present at either interview? | sir. 
 
A. In the day time; no person was present Q. Was there much noise or talk in 
 
at the interviews. 
 
your operations? A. No, sir; excepting 
 
Q. How long had you been acquainted when there was knocking at the door; that 
 
with. Kirksey? A. About a year, sir was the only noise that was made of any 
 
nearly a year. 
 
account. 
 
Q. How many shots were fired at Ash- Q. Was there any shouting or noise 
 
burn? A. About ten or fifteen. 
 
made by your party after the affair was 
 
Q. Do you know how the pistols were over? ~A~ No, sir; "not as I heard, 
 
loaded that were fired at him ? A. No, I Q. Do you know what was the object of 
 
sir; I couldn't say that. 
 
this party in killing Ashburn? A. The 
 
Q. Can you say as to your own? A. object was to kill him; that was all, I sup- 
 
Yes, sir; mine was loaded with powder' pose, 
 
and ball, an oblong leaden ball. 
 
j Q. Why were they so anxious to kill 
 
Q. How many shots did you fire at \ Ashburn? A. Well, sir; most everybody 
 
Ashborn? A. I fired one. sir. 
 
held an animosity against him. 
 
 MILITARY OUTRAGE EST GEORGIA. 
 
Q. What was tlie cause of this animos Q. Did he have a pistol or did you see 
 
ity; do you know? A. He was politically a pistol in his hands? A. I did not see a 
 
opposed to the majority of the people, sir. pistol in his hands. 
 
Q. Was that the reason for this organ Q. Are you certain and positive that 
 
ization to kill him? A. That is all the you sayKirksey, Duke, Barber, and Hud 
 
reason, I suppose, sir. 
 
son, the accused now before you, in the 
 
Q. What makes you so suppose? A. house where Ashburn was killed that 
 
From hearsay. 
 
night? A. I did not see them all in the 
 
Q. Why did you take part in killing house; I saw some in the house and some 
 
him? A. I don't know, sir; the influence outside. 
 
was so great over me I suppose, I could Q. Which were in and which out? A. 
 
not resist it; I didn't resist it anyhow. Duke, Hudson, and Barber, were inside; 
 
Q. What influence? A. My associa they were in the door leading out of the 
 
tions, sir, 
 
second room into the third; I saw them 
 
Q. Were those influences social or po all before I went in; Kirksey and Bedell 
 
litical? A. Both, sir. 
 
were in the second room; myself, Barber, 
 
Q. Were you opposed to Ashburn po Hudson, Duke, and this man, I take for 
 
litically ? A. I was, sir. 
 
Betz, were standing right in the door 
 
Q. Was that fact well known among where the shooting took place; the otter 
 
your associates in the city ? A. Yes, sir. two were in the room, and Malone was in 
 
that room too, in the second room. 
 
Cross-Examination l>y A. H. the Defense. 
 
Stephens for 
 
Q. You are certain and positive then that all those parties were in the house at or about the time of killing? A. I am, sir. 
 
Q. Did you not have a personal diffi Q. Are you just as positive in this state 
 
culty with Ashburn? A. Yes, sir, I had. ment as in any you have made? A. I 
 
Q. Did you not slap his jaws, or strike am, sir. 
 
him the evening before he was killed? A. Q. Had you any intimacy or personal 
 
I can not say whether I struck him or not, association with Hudson? A. Not of any 
 
sir, when I had the difficulty with him; it account; I have seen him hundreds of times: 
 
was early in the afternoon and I was Q. Did you ever spend five minutes of 
 
under the influence of liquor; it was about conversation with him in your life? A. I 
 
half past three in the afternoon. 
 
don't know as I have, sir. 
 
Q. Where did this occur? A. In the Q. Who did you say talked with you 
 
upper part of the city, in Broad street. about the present of the watch you have 
 
Q. Whose house was it at? A. In no testified about ? A. A young man named 
 
body's house; it was on the street. 
 
Gunby, and Barber also told me I would 
 
Q. Was it not at Jack Clark's grocery ? receive it. 
 
A. No, sir. 
 
Q. You said somebody else on your 
 
Q. Were you or not too much intoxi direct examination whose name I did not 
 
cated to recollect distinctly what occurred, hear; who was it? A. Mr. Williams, I 
 
or where it occurred ? A. No, sir, I was think, sir. 
 
not; I recollect where it occurred. 
 
Q. Which Williams? A. One of two 
 
Q. But you do not recollect whether brothers, I don't know his first name, but 
 
you slapped his jaws or not? A. No, sir; think it is Dan. Williams. 
 
I think I didn't. 
 
Q. What Gunby do you refer to? A. 
 
Q. Do you now recollect whether you His father keeps a store on St. Clair street; 
 
struck him at all or not? A. I did strike I don't know his first name. 
 
him, sir. 
 
Q. Is it the son of Robert M. Gunby? 
 
Q. Did you or not say to Wm. H. Wil A. I don't know, sir; I don't know his 
 
liams, captain of the fire company in Co first name. 
 
lumbus, that you intended to kill Ash Q. Where is the storehouse located that 
 
burn, or words to that effect? A. I might his father occupies? A. In St. Clair 
 
have said so that night; I would not swear street, below Broad, toward the river. 
 
to it though; I don't remember it. 
 
Q. These are the parties that told you 
 
Q. Did Ashburn shoot or fire his pistol beforehand that the watch would be given 
 
in the crowd $hat entered his room? A. to you? A. Yes, sir. 
 
I think not, sir. 
 
Q. When did you say the watch was 
 
 24 
 
JJIUTARY OTJTRAGE IN GEORGIA.' 
 
given to von? A. On the night of the 24th of April. 
Q. Was or not this the night of the day on -which the election on the adoption 
 
BARRACKS, ATLANTA, GA., "1 July 1, 1868, 10 o'clock, A. M. / 
The Commission met pursuant to ad journment. 
 
of the Constitution, and election of officers Present The same members as yester 
 
of the State under it, closed? A. It was day, the Judge Advocate, the prisoners on 
 
the night of the day after, sir; the election trial and their counsel. The record of 
 
closed on Thursday and this was on Friday yesterday's proceedings was read and ap 
 
night. 
 
proved. 
 
Q. Had you not been very active before 
 
the election, and during its four days' dura Cross-Examination of Charles Marshall 
 
tion, in opposition to the adoption of the 
 
resumed by the Defense. 
 
Constitution and in co-operation with all Q. What was the character of the house 
 
these parties? A. Yes, sir. 
 
where Ashburn was killed? A. I never 
 
Q. What was your position in your com was in the house before and know nothing 
 
pany before the election? A. First Ser of its character. 
 
geant, sir. 
 
Q. What is its character by public rep 
 
Q. Were you arrested during the elec utation? A. I heard it spoken of as a bad 
 
tion, and by whose orders, and for what? house. 
 
A. I was arrested by Captain Mills and Q. Is it not notoriously a house of ill- 
 
reduced to First Duty Sergeant by his or fame? A. Not as I know of; I have 
 
der, for trying to influence the election heard say so. 
 
that is what he charged me with. 
 
Q. Who is it reputed to be kept by ? 
 
Q. Was or was not Mayor Wilkins an A. I believe this Hannah Flourney spoken 
 
opponent of the Constitution? and did not of was the proprietress of the house; I 
 
the opponents of that measure generally have heard say so; I could not be positive 
 
express sympathy with you because of the about it. 
 
treatment you received for the course you Q. Is she the white woman or the col 
 
had taken? A. Yes, sir. 
 
ored woman? A. The colored woman. 
 
Q. After you were reduced to the posi Q. Did Mr. Ashburn live in that house? 
 
tion of Duty Sergeant, did you not A. As far as I know he did, sir; I am not 
 
immediately apply for a furlough? and do positive. 
 
you not know that the money Mayor Wil- Q. Did you ever see Mr. Bedell before 
 
kins let you have was raised by contribu that night? A. Yes, sir. 
 
tion among the people? A. I applied for Q. Did you ever speak to him in your 
 
a furlough about a week before I was re life? A. Yes, sir. 
 
duced; I do not know that the money Q. Before this occurrence? A. I think 
 
Mayor Wilkins let me have was raised by I have, sir, I won't be positive. 
 
contribution among the people. 
 
Q. When? A. I am not positive, sir, 
 
Q. When did you get the furlough? A. when. 
 
It dated from the 25th of April, sir. 
 
Q. Where? A. In Columbus, sir. 
 
Q. That was how many days after you Q. Whereabouts in Columbus? A. I 
 
were reduced? A. About three days, will not specify any particular part, sir. 
 
sir. 
 
Q. Was it on the street or where he 
 
Q. How long after this was it Mayor was engaged in business? A. If ~L have 
 
Wilkins let you" have the money, and did spoken to him it is on the street; I am 
 
you or not tell him you wanted it to bear not positive whether I spoke to him before 
 
your expenses home? A. He gave it to that affair. 
 
me on Friday night, the night of the 24th Q. If you had ever spoken to him do 
 
of April; I told him that I wanted it to not you think you would recollect it? A. 
 
take me home. 
 
I am not positive, sir, I speak to a great 
 
The counsel for the accused asked that many persons. 
 
the Commission adjourn until to Q. Do you speak to a great many peo 
 
morrow. 
 
ple that you are not made acquainted with 
 
The Commission retired for deliberation, have no acquaintance with at all? A. 
 
and on returning the Commission ad No, sir. 
 
journed to meet to-morrow morning at 10 Q. Would it be likely for you to have 
 
o'clock. 
 
spoken to BIr. Bedell, having no acquaint- 
 
 MIIITAB.T OUTRAGE IN GEOBGIA. 
 
25 
 
ance with, him? A. Well, sir; I have Q. What was the hour of roll-call? 
 
spoken to a great many persons in Colum A. Nine o'clock, sir. 
 
bus without any introduction. 
 
Q. What became of you then? A. I. 
 
Q. You are not positive that you ever remained in my quarters about half an 
 
did speak to him? A. Not positive; no, hour. 
 
sir; I would not swear to it. 
 
Q. Where did you go then? A. Went 
 
Q, What time in the evening was it around on Broad street and got a drink, sir. 
 
when you had the difficulty with Mr. Q. Where at? A. A saloon called the Ashburn? A. The forepart of the after "Ruby." 
 
noon. 
 
Q. Where did you go then? A. Went 
 
Q. About what hour? A. I should back to my quarters. 
 
judge, between three and four o'clock; I Q. Did you take another drink at the 
 
would not be positive about the hour, sir. "Ruby"? A. I took one drink there, sir, 
 
Q. Where did you go after that inter and then went round to my quarters. 
 
view with Mr. Ashburn? A. Went round Q. Where did you say you stopped 
 
town, sir. 
 
when you 'came to Broad street? A. I 
 
Q. Where to; what place? A. Went stopped at the "Ruby," sir; the saloon 
 
to several places. 
 
called the "Ruby." 
 
Q. Name any one? A. I stopped in a Q. After nine o'clock? A. Yes. 
 
saloon two saloons. 
 
Q. Where did you go then? A. Back 
 
Q, What saloons? A. Stopped in at to my quarters, sir. 
 
the " Arbor," sir, on St. Clair street, above Q. How long did you remain there? 
 
Broad. 
 
A. Until about half past eleven o'clock. 
 
Q. Did you 'meet anybody there you Q. Was that the time you left to go to 
 
knew? A. Met the bar-tender there. the meeting of the party? A. Yes, sir; 
 
Q. Anybody else? A. Not as I re somewhere between eleven and twelve. 
 
member, sir. 
 
Q. Did you pass the sentry? A. I did, 
 
Q. What other saloon did you go to? sir. 
 
A. Cooke's Hotel, sir. 
 
Q. Who was on sentry that night? A. 
 
Q. Did you meet anybody there you I do not remember, sir. 
 
knew? A. The man who kept the place, Q. Were the men permitted to pass in 
 
sir. 
 
and out any time of the night? A. No, 
 
Q. Anybody else? A. Not as I re sir; not generally. 
 
member; there was some one in there, sir, Q. How were you allowed to pass? A. 
 
but I am not positive who they were. 
 
There was never any restriction on me 
 
Q. Where did you go then? A. Went passing out. 
 
down to my quarters. 
 
Q. How did that occur, that there was 
 
Q. At what hour did you reach your no restriction on your passing? A. I was 
 
quarters? A. I judge about five o'clock, in charge of the company then, sir. 
 
sir; somewhere about then. 
 
Q. Where was the coat given you that 
 
Q. Did you remain there until eleven you have testified about? A. Near the 
 
o'clock, or half past? A, No, sir. 
 
Perry House. 
 
Q. Where did you go? A. I went down Q. You say Mr. Hennis handed that to 
 
town, sir, to supper. 
 
you? A. Yes, sir. 
 
Q. Where did you take your supper? Q. Which side of the Perry House? 
 
A. Took it in a friend's house, lower part A. Above it, sir. 
 
of Jackson street. 
 
Q. In Oglethorpe street or Jackson 
 
Q. What is the name of your friend? street? A. In Oglethorpe street, sir; the 
 
A. MaeSpadden, sir. 
 
Perry House is on Oglethorpe street, not 
 
Q. At what time did you take supper? on Jackson street. 
 
J., I judge between seven and eight o'clock. Q. Did not you have three citizens' 
 
Q. Where did you go then? A. Came suits? A. No, sir. 
 
out to my quarters about half past eight. Q. When you were working for the 
 
Q. Where did you go then? A. Re Democratic Club did not you tell them that 
 
mained there until after roll-call. 
 
you had citizens' suits to put on the soldiers 
 
Q. When you went from your supper to go out electioneering for them three 
 
at MacSpadden's who went with you? A. citizens' suits? A. I never knew I was 
 
Mr. Harris, sir. 
 
working for the Democratic Club, sir. 
 
 26 
 
JULIIABT OUTRAGE IN GEOEGIA. 
 
r Q. The question is, did not you tell one A. Barber's mask I should judge to be of the Democratic Club that you had three one he made himself; I am not positive, 
 
citizens' suits to put on soldiers? A. I but it looked to me like a concern he made 
 
didn't tell him I had the suits, sir; I told himself; it was a dark aflair. 
 
him I could get the suits. 
 
Q. What sort of a mask did Hudson 
 
Q. Did not you tell him that you had have? A. Hudson had a mask something 
 
sent them out with these suits on? A. Not \ like Barher's. 
 
as I remember, sir. 
 
Q. "What sort of a mask did Duke have? 
 
Q. You say you did not know you were A. Duke's mask, sir, was a small mask; 
 
working for the Democratic Club; what! came about down just about the chin, 
 
interference was it that you had in the I Q. What sort of a mask did Kirksey 
 
election that caused your arrest by Capt. have ? A. I would not be positive about 
 
Mills? A. The Captain accused me of I his mask, sir. 
 
trying to influence men to vote. sir. 
 
Q. What sort of a mask did Malone 
 
Q. You stated yesterday, I believe, that i have? A. Malone had a mask something 
 
you were co-operating with those parties j like mine, sir. 
 
that spoke to you about the watch in the | Q. What sort of mask did Betz have? 
 
election; were they or not known to be A. I did not see Betz full in the face, sir; 
 
Democrats? A. Yes, sir, they were. 
 
could not swear to it. 
 
Q. In what way did you co-operate with Q. Who first spoke when the party left 
 
them in the election? A. By endeavoring the vacant lot? A. The first remark that 
 
to influence the freedmen's votes, sir. 
 
I heard was when we got to the house. 
 
Q. How was the election conducted at Q. Did nobody speak when you left the 
 
the polls? A. Conducted as nearly all the vacant lot? A. I am not positive of it, 
 
elections were; there were sentries at the sir. 
 
door and judges of election at the door. 
 
Q. Did anybody speakafter you arrived 
 
Q. Was there a guard of soldiers in a there? A. There was something spoken, 
 
row. through which the voters had to pass? sir, but I am not positive as to what it 
 
nAo . 
 
There 'TOW.:I 
 
were 
 
two 
 
sentries, 
 
sir; 
 
there was 
 
was. Q. 
 
Was there anythingsaid by anybody 
 
Q. Was it a matter of difficulty or not. when you left the vacant lot? A. Yes. 
 
to your knowledge, for a colored man who sir, I said there was something said. 
 
was going to vote the Democratic ticket to Q. Who said it? A. That I am not 
 
get access to the polls? A. No, sir. 
 
positive of. 
 
Q. Was not your main business being Q. What was said? A. That I am not 
 
an oflieer to conduct that class of voters positive about. 
 
to the polls? A. No, sir. 
 
Q. What became of Hennis after he 
 
Q. Did you take any of that class of gave you the coat? A. He joined the 
 
voters to the polls? 
 
party, sir. 
 
[Objection to the question was made by Q. Did he lead it? A. No, sir, I 
 
the Court and it was withdrawn.] 
 
think not. 
 
Q. You say these parties were masked? Q. After you got into the middle room 
 
A. Yes. sir. 
 
of the house where Ashburn was, who 
 
Q. What kind of masks did they have? opened the door into his bed-room? A. 
 
A. Different kinds, sir. 
 
He opened it himself, sir. 
 
Q. What were the kinds some of them? Q. Who were with, you in there did 
 
A. I would not be positive what they were you say? A. I said there was Barber, 
 
made of. sir. 
 
Duke, Malone, Hudson, and this man I 
 
Q. What sort of mask did you have? took for Betz. 
 
A. I had an ordinary pasteboard mask, sir. Q. How was Betz dressed? A. The 
 
Q. How many had the same kind? A. man I take for Betz had on a pair of plaid 
 
That I would not be positive of, sir. 
 
pantaloons and thin coat. 
 
Q. What sort of a mask did Bedell Q. Which of the parties entered the 
 
have? A. I would not be positive as to his I door of Ashburn's bed-room first? A. 
 
mask. sir. 
 
i They entered about simultaneously; j 
 
Q. Positive as to him and not as to his' could not swear to any one being in ad- 
 
inasJi ? A. Yes, sir. 
 
j vanee or in the rear. 
 
Q. What sort of mask did Barber have? j Q. You and all the other parties? A. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
27 
 
Tes, sir; not all the others; it was impos Q. You threw it away in the street? 
 
sible for all to get there at the same time. A. I did, sir. 
 
Q. Which one went first, that is my Q. In which street? A. Oglethorpe 
 
question, and I repeat it? A. The man I street. . 
 
took for Barber is the man who went first. Q. What did you strike Mr. Ashburn 
 
Q. Who next? A. That I am not for, the evening before he was killed? A. 
 
positive about, sir. 
 
I had some words with him, sir. 
 
Q. Where were you? A. Right there Q. Was it not because you knew that 
 
at the door, sir. 
 
he was going to report you to Capt. Mills 
 
Q. Did either one get into Ashburn's next day? A. No, sir; I never knew any 
 
room? A. No, sir, they remained on the thing of the kind. 
 
threshold of the door. 
 
Q. Did not you tell Foster Chapman at 
 
Q. Did you all shoot standing there in his drug-store that evening, that that was 
 
the door? A. Tes. 
 
what you struck him for, that he was going 
 
Q. Did you shoot over anybody's to report you next day to Captain Mills? 
 
shoulders? A. No, sir. 
 
A. No, sir; I did not; I told him I struck 
 
Q. Who was to your left? A. The him, and that he was going to report me 
 
man I took for Hudson. 
 
for striking him; and Foster Chapman told 
 
Q. Who was to your right? A. The me I could get any bond I wanted if he 
 
man I took for Barber. 
 
did report me. 
 
Q. Then where were the others stand- Q. Didn't you tell Foster Chapman 
 
ing? A. Right in the rear of us. 
 
then that you intended to kill Ashburn? 
 
Q. Did they shoot over your shoulders? A. I don't remember having told him 
 
A. They did, sir. 
 
anything of the kind, sir. 
 
Q. But none of you got into the room? Q. Do you swear that you didn't tell 
 
A. No, sir, no person got inside the Foster Chapman that Ashburn was going 
 
room. 
 
to report you, and that you would kill him, 
 
Q. Where was Ashburn when you first Ashburn? A. I swear that Ashburn said 
 
saw him? A. In the third room standing he was going to report me, and I told Mr. 
 
in the rear of the table. 
 
Chapman so, sir; but as regards my say 
 
Q. What sort of table was that? A. ing that I would kill him, I will not swear to. 
 
As near as I can remember it was a round Q. You will not swear that you did not 
 
table. 
 
tell him so? A. No sir; I will not. 
 
Q. What part of the room was it in? Q. Did you not make a similar state 
 
A. In the center of the room. 
 
ment, or the same statement, to Van Mar 
 
Q. What other furniture was there in cus the same evening, and to Julius Clapp? 
 
the room? A. There was a bed, sir. 
 
A. I did, sir; I made the same statement 
 
Q. What part of the room was the bed as regards me having the fuss with Mr. 
 
in? A. At the right hand as you went in Ashburn, and my striking him, and that 
 
the door? 
 
he was going to report me for it; this took 
 
Q. Any other furniture in it? A. I place in the interview I had with Mr. 
 
would not be positive, sir? 
 
Clapp in the saloon under Cooke's Hotel, 
 
Q. Where was the candle when the just below the drug-store; he and a party 
 
door was opened? A. On the table, sir. were playing cards in the back part of the 
 
Q. Did it remain there all the time? saloon, and when I told him, he told me 
 
A. I think it did, sir. 
 
if I wanted bond I could have it. 
 
Q. What did you do with your mask? Q. Was that the time that you passed 
 
A. I threw it away, sir. 
 
by Cooke's saloon, as you have testified 
 
Q. Where did you throw it? A. In before? A. It was, sir. 
 
Jackson street. 
 
Q. Was there a political meeting in 
 
Q. Threw it down in the street? A. Columbus that night? A. I heard say 
 
Tore it up, sir, and threw it away. 
 
there was; I am not positive, sir. 
 
Q. What did you do with the coat? A. Q. Which party had the meeting? 
 
I threw it off, sir, as soon as I left the [Objected to by a member of the Court, 
 
house, sir. 
 
and withdrawn.] 
 
Q. Left it in the street? A. I don't Q. Is it within your knowledge that 
 
know whether it remained on the street or Mr. Ashburn was at a public meeting that 
 
not. . 
 
night? A. It is not, sir. 
 
__ _ 
 
 23 
 
MILITARY OUTRAGE Ef GEORGIA. 
 
Q. You stated that he was a very un A. In the right-hand side of the room, 
 
popular man in Columbus, and that it was when I seen her. 
 
on account of his political principles being Q. Did she do anything but standstill? 
 
against the majority of the people: was not A. I would not swear to what she done, 
 
the majority of the same party with him sir; I passed her quickly; and then my 
 
self? A. Not the majority of those hav back was to her, and what she did I am 
 
ing influence, sir. 
 
not positive of. 
 
~Q. Was, or not. the majority of those Q. Was she still there as you returned? 
 
who voted at the polls of Mr. Ashburn's A. She was, sir; there was a candle lit in 
 
party? A. As far as I understand, sir. that room. 
 
the returns of the election prove that they Q. Did she say anything? , A. Not 
 
were. 
 
that I heard. 
 
Q. Is it within your knowledge that Q. Do you state that you saw another 
 
there was strong opposition to Mr. Ash- woman, either white or colored, in either 
 
bum within his own party? A. I never of the rooms? A. There was a colored 
 
heard of any, sir. 
 
woman got out of the side window as we 
 
Q. Do you know a 31r. Bennett? A. got into the second room; she was not in 
 
I do. sir. 
 
the room at the time we got in; she got out 
 
Q. Did he live in this house with Mr. the side window, on the right-hand side of 
 
Ashburn? A. I do not know, sir. 
 
the room. 
 
Q. Did you see him in that room that Q. You saw a colored woman then get 
 
night? A. Xo, sir. 
 
out of the window ? A. Yes, sir. 
 
Q. If he had been in the room, do you Q. Who was it ? A. I didn't know her 
 
think you would have seen him ? A. No, then; I suppose it is this Hannah Flour- 
 
sir: there were plenty of opportunities for ney. 
 
him to secrete himself, sir. 
 
Q. Was she in the room again as you 
 
Q. Did you have any conversation with returned back? A. I didn't see her, sir. 
 
Bennett. about Ashburn, before? A. Q. When did you say you enlisted? 
 
Never spoke to the man in my life, as I A. In 1861, sir. 
 
know of. before the affair took place. 
 
Q. Where? A. The first place was in 
 
Q. "Was there anybody in the room that Trenton, New Jersy. 
 
you first entered? Did you see anybody Q. How long a term for? A. Three 
 
in it? A. Not when I first entered, months, sir. 
 
sir. 
 
Q. Where and when did you next enlist? 
 
Q. Did you see anybody in the second A. In Philadelphia; about the 1st Oc 
 
room? A. I did, sir. 
 
tober. 1861.. 
 
Q. Who did you see there? A. I seen Q. How long for ? A. Three years, sir. 
 
a white woman. 
 
Q. Where did you next enlist, and when? 
 
Q. "Who was she? A. I would not A. In December, 1864, at Brandy Station, 
 
swear to the woman, sir; never seen her Virginia; 1863,1 should say, sir. 
 
before in my life, nor since, that I know of. Q. How long for? A. Three years, sir. 
 
Q. Did you hear her name called that Q. When and where did you next en 
 
night? A. No, sir. 
 
list ? A. Buffalo, New York, sir; on the 
 
Q. Have you ever seen her since ? A. 8th day of January, 1866. 
 
Not to know her, sir; I seen a woman said Q. For how long? A. Three years. 
 
to be her: but whether it is her or not I Q. When were you arrested for your 
 
do not know. 
 
connection with this matter? A. About 
 
Q. "Would you know her if you were to three weeks ago, sir; between three and 
 
see her ? A. I do not think I would, sir. four weeks; I was not aware that it was 
 
Q. Did you see any other person; any for connection with this matter that I was 
 
other woman in the house that night? A. arrested. 
 
No. sir; I would not swear to it. 
 
Q. When did you become aware of it ? 
 
Q. Where did you first see this white A. When I was brought here, sir. 
 
woman? A. I seen her in the middle Q. How did you become aware of it ? 
 
room. sir. 
 
A. I was told of it by Major Whitley. 
 
Q. Where did she go? A. She re Q. Did Major Whitley have you arrest 
 
mained there, sir. 
 
ed? A. That I would not swear to, sir; 
 
Q. What part of the room was she in? \ I do not know who had me arrested. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Q. Have you ever received a letter since and at the same time be tried; it was not 
 
your arrest, in relation to the arrest, from necessary for Major Whitley to tell me that. 
 
anybody? A. Never received a letter Q. You knew, then, that by making the 
 
from any one. 
 
statement you have you would be saved 
 
Q. Did you ever receive a written state yourself? A. I don't know, sir; I didn't 
 
ment from any one ? A. No, sir. 
 
know whether my evidence would be suf 
 
Q. Did you tell private Price, of com ficient to do, sir; consequently I wished to 
 
pany C, 16th infantry, that you had re implicate no one; I did not do it for that 
 
ceived such a statement from some person? purpose, sir. 
 
A. No, sir; I don't know such a man in Q. You stated that you didn't know 
 
company C, 16th infantry. 
 
your evidence would be sufficient to do; 
 
Q. Any private in company C? A. what do you mean; " sufficient to do " what? 
 
No, sir; I know them, but I never told A. I didn't know whether my evidence 
 
them anything of the kind. 
 
would convict or not, sir. 
 
Q. Any such to anybody? A. No, Q. If it convicted, you knew that you 
 
fiir. 
 
would be discharged not hurt yourself? 
 
Q. How was the matter disclosed to you A. I did not know positively, sir. 
 
by Major Whitley? A. Well, he told me Q. Was that the impression under which 
 
what I was arrested for, sir. 
 
you made the statement to Maj. Whitley? 
 
Q. What else did he state? A. He A. The impression I labored under when 
 
told me that if I knew anything about it, I made that statement was that it was my 
 
I had better make a full confession of the duty to do so, and I did so, openly and 
 
affair. 
 
frankly not looking forward to anything 
 
Q. What reason did he give you for that may come hereafter. 
 
that ? A. He gave me the reason that it Q. You stated that it did not require 
 
was my duty, sir, and proved to me that Maj. Whitley to tell you that you would 
 
the evidence against me was sufficient. not be liable to punishment if you made 
 
Q. Did he hold out any inducements to this statement; now, my question is, 
 
you? A. He did not, sir; nothing what whether you were under the impression at 
 
ever. 
 
the time you made it that by making it you 
 
Q. Did he tell you that if you would would be free from hurt or harm; was that 
 
testify to certain facts, which he stated to your impression ? A. I was not positive 
 
you, there would be no prosecution against as regards that. 
 
you? A. He did not mention any "certain Q. Was it your impression; was it what 
 
facts" at all, sir; he told me to tell what I you thought ? A. I say I am not positive, 
 
knew, sir. 
 
sir. 
 
Q. How many conferences have you had Q. Did not Maj. Whitley tell you that 
 
with Maj. Whitley? A. I spoke to Maj. he would guarantee you against harm from 
 
Whitley three or four times before I said Government if you would? A. No, sir; 
 
anything of the afiair to him. 
 
never talked of the Government harming 
 
Q. Did he make any statement to you me, sir. 
 
that in ease you testified to the implication Q. Did not Maj. Whitley tell you he 
 
of these gentlemen you would not be pun would guarantee you against all harm on 
 
ished? A. He made no statement to me account of this if you would? A. He told 
 
as regards my testifying against any par me he would guarantee me protection, sir. 
 
ticular person, sir; he told me to tell what Q. Did Maj. Whitley have exclusive 
 
I knew of the affair, and I did, openly and control of you since your arrest? A. No, 
 
frankly; he offered me no inducements. sir. 
 
Q. Did he tell you that you would not Q. Any person permitted to see you 
 
be punished if you would so testify? A. without Ms authority? A. There was no 
 
He told me I would not be prosecuted; he one came to see me, sir, to have any inter 
 
did not tell me whether I would be pun view with me. 
 
ished or not; after I made the confession Q. Did you have any interview with 
 
to him he told me that. 
 
anybody but Maj. Whitley since your 
 
Q. Did he make that statement to you arrest? Yes, sir; I had. 
 
before you made any confession to him? Q. Whom? A. Gen. Dunn and Gov. 
 
A. Not that I remember, sir; I knew Brown, sir. 
 
myself I could not be placed on the stand Q. At your quarters or at their quar- 
 
 30 
 
MILITARY OUTBAGE IN GEORGIA. 
 
ters? A. At tie Adjutant's office in this what I was arrested for, and I told him I 
 
garrison. 
 
did, sir. 
 
Q. Who took you there? A. The Q. You have just stated that you never 
 
sentry. 
 
knew what you were arrested for until he 
 
Q. "Who had the control of your prison told you; how do you explain that? A. 
 
door? A. The Sergeant of the guard. I was not positive; I knew what I was 
 
Q. Under whose control was the Ser arrested for; my own conscience told me 
 
geant of the guard? A. I suppose he was that; I might have been brought here on 
 
under the officer of the day. sir, as far as I some other charges, just as easily as not, if 
 
know: that is how I understand. 
 
there had been any evidence against me. 
 
Q. 'Did Maj. Whitley come to see you Q. Did not you expressly state that you 
 
when he pleased? A. I don't know, sir. never knew what you were arrested for 
 
whether he come when he pleased or until Maj. Whitley told you? A. I did, 
 
whether he bad to get permission; I am sir; that is, I never was informed by any 
 
not positive about that, sir. 
 
body; I knew myselfwhat I was arrested for. 
 
Q. Did anybody else except him come g. Did Maj. Whitley then tell you 
 
to see you then? A. Not in the cell, sir. what you were arrested for by simply ask 
 
Q. How often was he with you there? ing you if you knew what you were arrested 
 
A. I spoke to him once in the cell and for and your telling him yes? A. That is 
 
once outside, sir; that is all I remember not the way he told it; no, sir. 
 
yes. sir; I spoke to him three times: the Q. How did he tell it? A. He told it 
 
first time I was in the third cell, next time in a rather indirect way. 
 
I was in the first cell, after the partition Q. Well, how did he tell it? Just 
 
was put up. and the next time I was in the answer that question; how did he begin ? 
 
hall, last Sunday night a week. 
 
Narrate it just as it occurred; as near as 
 
Q. What sort of a cell were you first you can recollect, word for word. A. He 
 
put in? A. In one of those cells over there spoke to me about this affair, sir. 
 
at the guard-room, sir; the cell before it g. Just state how he began; what he 
 
was altered was. I suppose, five or six feet said; his own words, as near as you can 
 
wide and eight or ten feet long. 
 
recollect. A. He told me what I knew to 
 
Q. How long did it remain in that con make a statement of, sir. 
 
dition? A. I don't know, sir; I was taken g. What is the first word he said ? 
 
out of that cell and put in the end How did the conversation begin; what did 
 
one. 
 
he state ? A. I would not swear to the 
 
Q. How long was it before you were first word. sir. 
 
changed from one cell to the other ? A. g. Well, just as near as you can; bring 
 
It was about eighteen hours. 
 
to your mind now how it began and what 
 
Q. Who was there when you was so he said. A. That is what he said, sir; he 
 
changed? A. The Sergeant of the guard, told me to make a statement of what I 
 
and t think Maj. Smythe was in the hall, knew about the affair, if I knew anything; 
 
six. 
 
he did not demand it of me nothing of 
 
Q. Maj. Whitley there? A. I did not that kind; merely asked me to do it. 
 
see him, sir. 
 
g. When was that? When did that 
 
Q. What is the size of the second room occur? A. Just after I had gotten here. 
 
you were put in? A. It is one of the large g. Which room were you in? A. I 
 
cells split in two by a partition; it is about was in the third cell, sir; the same thing 
 
three feet wide. 
 
took place also in the second cell. 
 
Q. Did you have any conference with g. Which first the second or third? 
 
Maj. Whitley in the first room you were A. The first time he spoke to me about it 
 
put into? A. I spoke to him as regards was in the third cell; there was less said 
 
getting a blanket and one thing or another. there than in the other. 
 
Q. In which room was it that he first g. Which one were you in first? A. 
 
told you what you were arrested for? A. In the third cell. 
 
In that room. sir. 
 
g. What do you mean by third cell? 
 
Q. The first one? A. Yes, sir. 
 
A. I mean the third door. 
 
Q. You had a talk with him in that g. Were you ever put in that cell when 
 
room then about something beside a you first came? A. No, sir; I was not 
 
blanket? A. He just asked me if I knew put in there when I first came. 
 
 MILITARY OTTTKAGE IN GEORGIA. 
 
31 
 
Q. Was that the first cell you were put Q. Did or did not Major Whitley 
 
in? -A. Yes, sir. 
 
charge you not to implicate any innocent 
 
Q. He mentioned it then to you the person in any statement that you might 
 
first twenty-four hours after you came? make? A. He did, sir. 
 
A. I think it was, sir; yes, sir. 
 
Q. When, in your examination yester 
 
Q. Then you were taken to the second day, you stated that the majority of the 
 
cell ? A. I was taken to the end, sir. people of Columbus were against Ashburn, 
 
Q. The second cell you were in? A. in regard to which statement yon have 
 
Yes, sir. 
 
been examined to-day, were you speaking 
 
Q. That is the one you say was about of the sentiments of the whole people of 
 
three feet hy eight? A. Yes, sir. 
 
that locality or a class, and if a class, what 
 
Q. How long were you in that ? A. class of the people were you speaking of? 
 
was in there over twenty-four hours. 
 
A. I was speaking of the class having 
 
Q. How long? A. Put there one after the most influence. 
 
noon and kept there until the second morn Q. Were you speaking of the white 
 
ing after. 
 
population or of the black? A. Of the 
 
Q. Where were you taken then? A. white, sir. 
 
To the cell in the lower end, sir. 
 
Q. How many drinks did you take that 
 
Q. What is the size of it? A. About night, the night of Ashburn's assassina 
 
six by eight, sir; somewhere about there. tion? A. I took one, sir, at the " Ruby." 
 
Q. Was that the first cell you were put Q. Were you more or less intoxicated 
 
in? A. No, sir. 
 
that night than you were in the afternoon? 
 
Q. How long did you remain in that A. More in the afternoon. 
 
place? A. Until the next morning. 
 
Q. You stated in your cross-examina 
 
Q. Where were you taken then? A. tion that you were not certain whether you 
 
Into the guard-room with the prisoners. had spoken to Bedell before the night of 
 
Q. How .long did you remain there? the killing of Ashburn; bad you not 
 
A. Tintil last Monday morning; a week, sir. often seen him previous to that time, and 
 
Q. Where were you taken then? A. did you not know him well by sight? A. 
 
Put in the end room, sir. 
 
I seen him most every day, sir, and knew 
 
Q. Did you remain there ever since? him well by sight. 
 
A. Yes, sir. 
 
Q. Were you intoxicated at all the time 
 
Q. Where was it that you first made the of Ashbnrn's assassination? A. I was not 
 
confession to Major Whitley? A. It was under the influence of liquor, sir. 
 
in the Adjutant's office. Q. Was there any person present with 
 
Questions by the Court. 
 
you? A. No, sir. 
 
Q. Did you at the time you received 
 
Q. Do you swear that Major Whitley the loan from Mr. Wilkins promise and 
 
did not have free and full access to you at intend to pay it in the future? A. I did 
 
all times since you have been here ? A. not, sir. 
 
I could not swear to that sir; I don't know Q. Did the person you believed you re 
 
what Major Whitley's orders were, sir, no cognized as Chipley have a revolver and 
 
more than you do. 
 
fire it on Ashburn on the night in ques 
 
Q. Did Major Whitley tell you what tion? A. No, sir. . 
 
other parties had confessed about this Q. Had you made application for your 
 
matter? A. No, sir. 
 
furlough before you were relieved as first 
 
Q. Did he ever make any statement to sergeant? A. Yes, sir. 
 
you of what other parties had stated, by Q. Look at this paper and say if it is a 
 
way of inducement to you? A. He did correct diagram of the house in which Ash 
 
not; never made any inducements to me burn was killed; examine it carefully. 
 
of any kind. 
 
[The Judge Advocate here handed a paper 
 
Be-direct Examination. 
 
to witness.] A. I believe it is, sir. Q. During your conversation with the 
 
Q. For what did Maj. Whitley tell you accused, Chipley, after the murder of Ash 
 
he would guarantee you protection; was it burn, was there anything said in reference 
 
that you should tell th& whole truth and to the said murder? If so, state all that 
 
that you should implicate any particular in was said to you. A. There was not, sir. 
 
dividuals? A. That I should tell the truth. Q. Was there anything said to you after 
 
 32 
 
SULITABY OUTRAGE IN GEORGIA. 
 
Ashburn was killed by any of the accused its location? A. No, sir; none particu 
 
on the subject in question? A. No, sir. larly. 
 
[Question by defense, by permission of Q. Do you know the cross streets near 
 
the Court.] 
 
it? A. I do not recollect their names. 
 
Q. Did Mr. Chipley say more than Q. How far was it from the Perry 
 
"good morning" at the only time you House? A. About two hundred yards, 
 
spoke to him after the death of Ashburn? sir. 
 
A. Not as I remember, sir. 
 
Q. Was there any vacant lot near it? 
 
[A. E. Marshall was then duly sworn as A. There was. 
 
an additional short-hand reporter for the Q. Was the vacant lot on the same side 
 
Court, by the Judge Advocate, in the of the street or the opposite side of the 
 
presence of the Court and the accused. street from the house where Ashburn was 
 
Questions l/y Prosecution. 
 
killed? A. It was an the opposite side. Q. Look upon that diagram (one handed 
 
George F. Betz. witness for the prose to witness) and say whether, in your 
 
cution, was brought into Court and duly opinion, it is a correct diagram of the 
 
sworn. 
 
house in which Ashburn was killed. A. 
 
Q. What is your name ? A. My name Well, I can not tell, for I was not ac 
 
is George F. Betz. 
 
quainted with the house. 
 
Q. Where do you. live ? A. In Colum Q. Had you ever been in it before that 
 
bus. 
 
night? A. I had not, sir. 
 
Q. Where were you raised? A. In ' Q. Was the end or the side of the 
 
Columbus. 
 
house to the street? A. .The end of it 
 
Q. Where do your parents live? A. In was to the street. 
 
Columbns. 
 
Q. State whether there was any door in 
 
Q. Columbus? In what State and the end of the street. A. There was, sir. 
 
county? A. State of Georgia, Muscogee Q. Where did the persons meet who 
 
county. 
 
killed Ashburn? A. In that vacant lot, I 
 
Q. What is your occupation? A. I\ suppose. 
 
have none particularly, sir. 
 
Q. Where did they go from that lot? 
 
Q. In what business were you last em A. To the house. 
 
ployed before you were arrested? A. I Q. What did they do when they got 
 
was on the railroad, sir. 
 
there? A. Knocked at the door. 
 
Q. How long had you been running on Q. Did any one say anything; and if 
 
the railroad? A. About seven or eight so, what? A. They did. 
 
months. 
 
Q. Well, what? A. They asked for 
 
Q. In what capacity? A. Fireman, sir. admittance; some one inside asked who 
 
Q. Were you acquainted with George was there, they said it was Mary Tilling- 
 
W. Ashburn? A. Not personally. 
 
hnrst. 
 
Q. Did you know him by sight? A. I Q. What did the' person inside reply? 
 
did. sir. 
 
A. Asked, who do you want to see? 
 
Q. Is he dead or alive? A. He is dead, Q. What did the person outside say? 
 
sir. 
 
A. Hannah Flourney. 
 
Q. Were you present at his death? A. Q. What reply was made to that? A. 
 
I was sir. 
 
Can't let you in; it is too late. 
 
Q. How did he die? A. He was shot. Q. Do you know who outside demanded 
 
Q. How many persons were present 1 admittance? A. No, sir; I do not. 
 
when he was shot? A. Between twenty- Q. Did the person seem to speak in his 
 
five and thirty, I think, sir. 
 
own natural voice or in an effeminate voice 
 
Q. Where was he killed? A. la Co not his own? A. I can't tell. 
 
lumbus. 
 
Q. Did you hear him speak when he 
 
Q. At what locality in Columbus? A. demanded admittance? A.. I did, sir. 
 
On Oglethorpe street, sir. 
 
Q. Did you know his voice? A. I 
 
Q. In the street or in a house? A. In could not recognize it. 
 
a house, sir. 
 
Q. After admittance was denied, what 
 
Q. Where was that house located? A. then occurred? A. The door was knocked 
 
Located on Oglethorpe street. 
 
down, or a part of it knocked down. 
 
Q. Can you gire any description as to \ Q. Did anybody enter? A. They did, sir. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
33 
 
Q. How many persons, and who were Q. How many of those persons, if any. 
 
they, to the best of your knowledge, who whom you have named went with you into 
 
entered? A. I can't tell how many came the house? A. Mr. Duke, Mr. Hudson, 
 
into the house. 
 
Mr. Barber. 
 
Q. Did you go in? A. I did, sir. 
 
Q. Any one else? A. No, sir. They 
 
Q. Do you know any persons whom you came behind me, whoever else came into 
 
can identify who went in? A. I do. 
 
the house. 
 
Q. Who were they? A. Mr. Dukes. Q. Did you see Marshall anywhere 
 
Q. If he is here, point him out. A. that night a soldier? A. I did, sir. 
 
(Witness, pointing to one of the prisoners) Q. Where was he when you went into 
 
There he is, sir. 
 
the house? A. He was with me. 
 
Q. Who else? A. Mr. Hudson. 
 
Q. You have stated that Duke, Hud 
 
Q. Can you point him out? A. I can. son, Barber, Marshall, and yourself went 
 
Q. Do so. A. (Witness pointed to one into the house together; did you see any 
 
of the prisoners.) 
 
one else in the house after you came in 
 
Q. Do you see any one else present who besides the names you have mentioned? 
 
was in there? A. I do. 
 
A. I did, sir. 
 
Q. State who, and point him out. A. Q. Who were there? A. Milton Ma- 
 
All of them, sir? 
 
lone, Henry Hennis, Doctor Kirksey, Co 
 
Q. Point out one at a time. A. (The lumbus Bedell, and a fellow by the name 
 
witness pointed to each prisoner severally, of Blair; that is all I know about him. 
 
who, at the order of the Court, rose up in Q. Did you see Bedell and Kirksey do 
 
full view of the Court as his name was anything? A. I did not, sir. 
 
called by witness.) Mr. Bobt. A. Woods, Q. Were you and the others who first 
 
Mr. James W. Barber, William Duke, went in with you armed? A. They were, 
 
Robert Hudson, Alva C. Roper, Jas. Wig- sir. 
 
gins, Doctor Kirksey, Columbus Bedell. 
 
Q. With what? A. With pistols. 
 
Q. Any one else? A. I am not certain Q. What sort of pistols? A. I did not 
 
of Captain Chipley. 
 
notice closely; revolvers, I believe. 
 
Q. Well, if there is any reason that in Q. What was yours? A. A revolver, sir. 
 
duces you to believe that he is the man, or Q. When the door was broken down, 
 
any description of his person, state them. and you went in, what did you do? A. 
 
A. The man in command of that squad I Went on through the room. 
 
take to be Captain Chipley. 
 
Q. To what room? A. Ashburn's 
 
Q. Why did you take him to be Chip- room, I suppose, sir. 
 
ley? A. From his appearance, sir. 
 
Q. What room was that the first, 
 
Q. What was his appearance? A. Just second, or third room? A. The third 
 
as it is now a large man. 
 
room, sir. 
 
Q. If he was disguised in any way, Q. Did you hear Ashburn say anything, 
 
state it how? A. He was disguised; and if so, what? A. He asked who came 
 
had on a dough-face. 
 
there. 
 
Q. What do you mean by a dough-face? Q. What did he then do? A. He 
 
A. False-face. 
 
didn't do anything particularly, not as I 
 
Q. What sort of a false-face was it? seen. 
 
A. It was dark; I believe, to my best Q. Who opened the door? A. He 
 
knowledge, it was black. 
 
opened his door. 
 
Q. Do you know of what it was made? Q. Was there any burning candle in 
 
A. No, sir. 
 
his room or not? A. There was. 
 
Q. What did it look like? A. Looked Q. Where was it? A. It was on the 
 
like a false-face, that's all I know. 
 
table, sir. 
 
Q. When you say dough-face, do you Q. Where was the table? A. In the 
 
mean it was made of dough or some other middle of the floor, or about. 
 
material? A. There wasn't much dough Q. What sort of table, if you recollect? 
 
about it. 
 
A. A round table, sir. 
 
Q. What did this person do there that Q. Where was Ashburn as you got into 
 
night who you took to be Capt. Chipley? the door? A.  He was in his room. 
 
A. He seemed to have command of a Q. What part of his room? A. He 
 
squad. 
 
was on the right-hand side. 
 
3 
 
 MILITARY OUTRAGE IX GEORGIA. 
 
Q. Was there any bed in the room?! be Capt. Chipley went in? A. I didn't 
 
A. There was. 
 
see him go in. 
 
Q. Where was it located? A. In the Q. Did you see any women in the house 
 
corner of the room. 
 
when you entered? A. I did. 
 
Q. As you went in was it on the left- Q. Who were they? A. A white wo- 
 
Land or right-hand corner? A. Ri.erht-' man and a negro woman. 
 
hand corner. 
 
Q Can you give their names? A. I 
 
Q. When you got to Ashburn's door, if can. 
 
ailJnJy> bUoL"dJ yV sctAaAiMd. anything^ JJjf iMAi.u.^3 wt .huou_w\raa.&s ij.tu and tn-nj. \ Q. Do so? A. Amanda Patterson and 
 
what did he say? A. Bob- . Hud-son sai-d-. ' Hannah Flourney. 
 
'' You are a d n s t." 
 
Q. Do you know Mr. Bennett? A. 1 
 
Q. What then occurred? A. Firing, do. 
 
sir. 
 
Q. Did you see anything of him in the 
 
Q. How many shots were fired? A. room? A. I did not. 
 
To the best of my belief there were thir Q. Were there any places in the room 
 
teen or fourteen. 
 
where he could have concealed himself; if 
 
Q. Who fired? A. I did. sir. 
 
so, what sort of places? A. I do not 
 
Q. Who else? A. Mr. Duke. 
 
know that. 
 
Q. Who else? A. Mr. Hudson. 
 
Q. Could he have been in the room 
 
Q. Anybody else? A. Mr. Barber. without your seeing him? A. I suppose 
 
Q. Any one else? A. Mr. Marshall. he could, sir. 
 
Q. Was there any one else? A. I think Q. After you retired from the house 
 
not sir. 
 
what did the party then do ? A. They 
 
Q. Did you see Ashburn fall? A. I went on across the street and went through. 
 
did. sir. 
 
i the lot 
 
Q. Did anybody fire after he fell? A. ' Q. How many do you think were pres- 
 
Ithinkthevdid. 
 
! ent? A. Between twenty and thirty. 
 
A. Who? A. Mr. Hudson. 
 
Q. When they passed the vacant lot 
 
Q. In what position was he when he : what did they do ? A. I do not know, 
 
fired? A. He was on his knees, squatting | Q. State whether they remained to- 
 
down, 
 
j gether, or whether they scattered. A. I 
 
Q. Why did he stoop down to fire? A. can not tell. 
 
I do not know, 
 
Q. Where did you go ? A. Went Lome. 
 
Q. Was there anything in the way. Q. Where were they when you separated 
 
after Ashburn fell, to render it necessary from them ? A. In that lot, sir. 
 
for him to stoop in order .to hit him? A. Q. Who did you first meet when you 
 
I believe the table was between him and got there that night? A. Met Bill Duke. 
 
Ashburn. 
 
j Q. Who next? A. Met the crowd next. 
 
Q. What did you all do after the firing, | Q. How long after you got there before 
 
and after Ashburn fell? A. Went out, i you advanced to Ashburn's house? A. 
 
sir. 
 
AboutJen minutes, sir. 
 
Q. Did anybody go and look upon him Q. Why did you go there that night? 
 
after he fell before you went out. and if so, A. I.went there to help kill Ashburn. 
 
who? A. I did not see anybody. 
 
*Q. Did you expect to meet anybody 
 
Q. Did anybody's mask fall off as you else there? A. I did, sir. 
 
retired from the room? A. There did. 
 
Q. Why? A. Because I was told so. 
 
Q. Whose? A. I believe it was Sam. Q. Who told you so? A. Dr. Kirk- 
 
Bedell's. 
 
I sey. 
 
Q. Did you hear him make any remarks ' Q. How many conversations had you 
 
to a woman or anybody else? A, I think ; with Dr. Kirksey on this subject? A. 
 
he did. 
 
j One. sir. 
 
Q. What was the remark? A. The! Q. Where was it? A. In Columbus, 
 
best I can recollect is, he said he would i Q. In what part of the city? A. In 
 
Mil her if she told on him. 
 
j Oglethorpe street. 
 
Q. Did all the party go in the house, j Q. How did the conversation occur? 
 
or did a part remain outside? A. They i A. He just called me to him. 
 
didn't all go in. 
 
Q. What did he say? A. He told me 
 
Q. State whether the maa you took to he wanted me to join that party. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
35 
 
Q. What party? A. The party to help get into the house? A. I got in at the 
 
kill Ashburn. 
 
window. 
 
Q. Why did they say' they wanted to Q. What did you then do? A. Went 
 
kill Ashburn? A. They didn't tell me to bed. 
 
that, 
 
Q. Where were you next morning? A. 
 
Q. Why did he say it? A, He didn't Was there. 
 
tell me. 
 
Q. Did you get up as usual? A. I did. 
 
Q. Did he say anything about money, Q. State whether the family, or any of 
 
or anything of value, and what? A. He them, knew you were absent after you 
 
did, sir. He said he would give me so went to bed that night. A. I do not think 
 
much money to go there. 
 
they did, sir. 
 
Q. What sum? A. Fifty or a hundred Q. Did Doctor Kirksey give you any 
 
dollars. 
 
reasons why they intended to kill Ash 
 
Q. State whether you agreed to go. burn, and if so, what? A. No, sir; he 
 
A. I did. 
 
did not. I knew them, though. 
 
Q. Was any time fixed? I A. There Q. How did you know them? A. They 
 
was. 
 
wanted to get him out of the way in elec 
 
Q. When was it? A. Monday night. tion times. 
 
Q. What month and what day of the Q. When you went down town after the 
 
month was that Monday night? A. It was killing, with whom did you go? A. Went 
 
March, 30th day of the month. 
 
by myself. 
 
Q. Was anything said about the time 
 
of night the meeting was to take place? Cross-examination-- Questions for Defense 
 
A. There was. 
 
l>y Mr. Stephens. 
 
Q. What time? A. Between twelve Q. Leave all the rest there? A. No, 
 
and one o'clock. 
 
sir; I didn't leave them. 
 
Q. At what place? A. At that vacant Q. Which way did the others go. A. 
 
lot. 
 
Went on through the lot. 
 
Q. What vacant lot do you mean? Q. Did you go back to the lot? A. 
 
A. On Oglethorpe street. 
 
Not right then. 
 
Q. Where were you in the early hours Q. Did you go back to the lot? that is 
 
of that night? A. I was knocking around my question. A. I did, sir. 
 
town. 
 
Q. Did anybody leave the lot with you? 
 
Q. Did you go home any time of the A. No, sir. 
 
night before the killing? A. I did, sir. 
 
Q. Did anybody leave before you? A. 
 
Q. What time in the night did you go I went with the crowd; I went one way, 
 
home? A. Between ten and eleveu o'clock, they went the other. 
 
sir. 
 
Q. You went with the crowd, and you 
 
Q. What did you do when you got went one way and they went the other? 
 
home? A. Went to bed. 
 
A. When I left them. 
 
Q. How long did you remain in bed? Q. Did you leave the crowd all at the 
 
A. About half an hour or three quarters. lot? A. I left them going through the 
 
Q. What did you then do? A. Got up. lot, sir. 
 
Q. How did you get out the room? Q. Did anybody go with you when you 
 
A. Got out of the window. 
 
left? A. No, sir. 
 
Q. Where did you go from your room? Q. .Did you go into the lot? A. I did. 
 
A. Went up on Broad street. 
 
Q. And then did you turn right round 
 
Q. Then where did go? A. Went on and go back? A. I didn't. 
 
up town. 
 
Q. Which way then did you go? A. 
 
Q. How long after that before you went Went up the street. 
 
to the vacant lot? A. I went on up there, Q. Which street? A. I believe it is 
 
sir. 
 
Church street. 
 
Q. After the killing of Ashburn, how Q. Which street is the vacant lot on? 
 
long before you returned home? A. I A. It is on both of them. 
 
suppose it was about an hour. 
 
Q. Which both? A. Oglethorpe and 
 
Q. Where did you go in the meantime? Church. 
 
A. I went away down town. 
 
Q. Did you go then through the lot to 
 
,_ Q. When you got home how did you Church street? A. I did. 
 
 36 
 
OUTRAGE IX GEORGIA. 
 
Q. Did they all go through with you to Q. You say that all the crowd you 
 
Church street? A^I left them all about know went into the middle of the vacant 
 
half way. sir. 
 
lot with you? A. I believe so. 
 
Q. You left all about half way in the Q. Did Hennis go? A. I think he did. 
 
lot? A. I did not leave them all. 
 
Q. Marshall? A. I did not see him. 
 
Q. "Where were the balance? A. Some Q. What did you do with your mask? 
 
went down the other street down Ogle- A. Tore it up. 
 
thorpe street. 
 
Q. Where did you tear it up? A. Tore 
 
Q. Did you not state that they all went it up in the street. 
 
back with you into the lot? A. I believe Q. Which street? A. I do not know 
 
I did. 
 
what street it was it was in Columbus. 
 
Q. Is it true? A. Some of them turned Q. What kind of a mask did you have? 
 
off down Oslethorpe street. 
 
A. Had a black one, sir. 
 
Q. Which ones of them? A. I do not Q. What kind of a mask did Bedell 
 
know. 
 
have? A. Had a black one. 
 
Q. "Which ones of them were with you? Q. Where did you get the mask you 
 
A. I do not know that. 
 
had? A. I made it. 
 
Q. Do you know a sinde one that did? Q. Did you ever ask Dr. Kirksey for 
 
A. I do. 
 
the fifty dollars, or the hundred he prom 
 
Q. "Which one was it? A. Bill Duke. ised to pay you? A. No, sir; I never 
 
Q. Which other one went? A. Bob asked him for it. 
 
Hudson. 
 
Q. Did he ever say anything to you 
 
Q. "Which other one? A. Jim Barber. about paying it? A. He said lie would 
 
Q. Which other one? A. Dr. Kirksey. send it through the post-office to me. 
 
Q. "Which other one? A. Lum Bedell. Q. When did he say that? A. He said 
 
Q. Which other one? A. Henry Hen- when I received it I would get it through 
 
nis. 
 
the post-office. 
 
Q. Any other one? A. I do not recol Q. Did you ever get it through the post- 
 
lect: they are all I know went through the office? A. No, sir. 
 
lot with me. I believe. 
 
Q. And you never said anything to him 
 
Q. Are you certain of it or not? A. about it? A. No, sir. 
 
Xo. sir. I ain't. 
 
Q. Now, upon your oath, Mr. Betz, 
 
Q. Well. then, did you leave them all will you swear that you ever spoke to Dr. 
 
there? Do I understand your testimony to Kirksey or Dr. Kirksey to you in your 
 
be that you left them all there? A. I life, about anything? A. I have. 
 
went by myself. 
 
Q. Did anybody ever see you speak to 
 
Q. Did you leave them there? is my Dr. Kirksey, or see you in company with 
 
question. A. There's where I left them: him; or is there anybody living by whom 
 
there is where I turned off from the crowd. you can prove that you ever had a conver 
 
Q. You say you left them there? A. sation with him, or that he ever knew you? 
 
I did. 
 
A. I do not know whether I can or not. 
 
Q. And went alone? A. Yes, sir. 
 
Q. How high is that window of your 
 
Q. Did you say you went down Church bedroom? A. I do not know exactly how 
 
street? A. No. sir. 
 
high it is. 
 
Q. What did you say about Church Q. How high do you suppose it is? A. 
 
street? A. I went up Church street. 
 
Higher than my head. 
 
Q. And you left Bedell, and Barber, Q. How were you dressed that night? 
 
and Duke, and Hudson, and Kirksey in A. I had on a black coat. 
 
the middle of the vacant lot? A. About Q. What sort of pants? A. A pair of 
 
the middle. 
 
dark pants. 
 
Q. Was there any conversation had be Q. When were you arrested? A. I 
 
tween you, or any of you, after the crowd was arrested on the 21st of May, I believe. 
 
got into the middle of the vacant lot? A. Q. In whose custody have you been 
 
Going from the house there was. 
 
since? A. Been in the military custody. 
 
(X^What was that conversation? A. Q. Who had charge of yon? A. Capt. 
 
Milton Malone asked me why I did not Cook, at this place. 
 
shoot all the barrels of my pistol off. 
 
Q. Where were f you first taken after 
 
Q. Anything else? A. No, sir. 
 
your arrest? A. To FortPulaski. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
37 
 
Q. In whose charge were you put then? Q. When did you speak to them 
 
A. Capt. Cook was in charge of the fort, before you got to the house or afterward? 
 
I believe, I do not know. 
 
A. Going to the house. 
 
Q. "Where did you first get acquainted Q. Did they tell you their names? A. 
 
with Mr. Whitley? A. I never seen him No, sir. 
 
before till I got to the fort. 
 
Q. Were they all masked when you 
 
Q. Did you have any acquaintance with first saw them? A. Will Duke was not. 
 
Capt. Chipley? A. Not personally. 
 
Q. Did he put on a mask afterward? 
 
Q. Did you ever speak to him, or he to A. I do not know whether he did or not. 
 
you, in your life until since your arrest? Q. Were all the rest masked except 
 
A. I do not recollect. 
 
Bill Duke? A. I think they were, sir. 
 
Q. You have no recollection of any Q. Well, how did you know them? A. 
 
words passing between you and him in your By their talk. 
 
life? A. No, sir. 
 
Q. How did you know them indi 
 
Q. Is it not true that a word never did vidually? A. Because I had been raised 
 
pass between you and him, in your life, until up with them. I knowed them as good 
 
since your arrest? A. I do not recollect. as I know myself. 
 
Q. Did you ever speak to Mr. Bedell in Q. Were you as intimate with Mr. Be 
 
your life? A. I have. 
 
dell as with yourself? A. No, sir. 
 
Q. Did he speak to you? A. He did. Q. Did you ever hear Mr. Bedell talk 
 
Q. Can you state any occasion? A. I except when you heard him say he would 
 
can. 
 
shoot the hog? A. I have. 
 
Q. State it. A. Mr. Bedell was shoot Q. Ever on any other occasion except 
 
ing in his lot one day; and I was an offi that? A. No, sir, 
 
cer; I went to his lot and told him not to Q. He never did on any other occasion 
 
do it; he said is was his lot and he would except that? A. Not as I recollect. 
 
shoot when he pleased; he was shooting a Q. You never heard him utter a word 
 
hog. 
 
in your life except that he would shoot 
 
"Q. Has Mr. Bedell any lot? A. I do when he pleased on his lot? A. Yes, sir, 
 
not know. 
 
I have. 
 
Q. You don't know? A. It was the Q. If so, state when and- where. A. 
 
lot where he lived; I don't know whether On the street, sir. 
 
it was his or who it belonged to. 
 
Q. State on what occasion it was. A. 
 
Q. When was that? A. Been a good I heard him talk; he was not talking to me. 
 
while ago. 
 
Q. Can you state what you ever heard 
 
Q. How many years? .4. No years at all. him talk about, and who were present? 
 
Q. How long ago, then? A. I don't A. I do not know, sir, what he was talking 
 
recollect. 
 
about. I heard him speak; that was the 
 
Q. Three months? A. More. 
 
question you asked me whether I have 
 
Q. Six? A. More than that. 
 
ever heard him speak. 
 
Q. Twelve? A. I don't think it was Q. Do you say that you have ever heard 
 
that long. 
 
him speak often enough to be as familiar 
 
Q. How was Mr. Woods dressed that with his voice as to recognize him under a 
 
night? A. I don't recollect, sir. 
 
mask and swear positively to his identity 
 
Q. How was Mr. Duke dressed that from his voice? A. I do not think I 
 
night? A. He had on black clothes. 
 
would. 
 
Q. How was Mr. Bedell dressed? A. Q. Would you say the same of Doctor 
 
I don't recollect. 
 
Kirksey? A. No, sir. 
 
Q. Was it a dark night or a moonshine Q. Are you more familiar with him 
 
night? A. I think the moon had just- than with Bedell more intimate? A. I 
 
gone down, sir. 
 
would know him sooner by his voice. 
 
Q. How was Mr. Roper dressed? A. Q. How long have you known Doctor 
 
I don't recollect that either. 
 
Kirksey? A. I don't exactly recollect. 
 
Q. How did you know them? You Q. How long, as near as you can tell? 
 
stated that they were all masked. A. I A. I don't know; I could not say. 
 
spoke to them, sir. 
 
Q. Raised with him? A. No, sir. 
 
Q. Which ones did you speak to? A. Q. Did you not say you were raised 
 
I spoke to all I mentioned. 
 
with all of them? A. No, sir. 
 
 38 
 
JIILITARY OUTRAGE ET GEORGIA. 
 
Q. What did yon say about being raised' closure that you have made here? A. To 
 
with them? I understood you that way. ' Major Whitley, sir. 
 
A. Raised with the biggest part of them. Q. Where was it at? A. Down here 
 
Q. Dr. Kirksey was not one of them? in one of those houses. 
 
A. -So. sir. 
 
Q. Did you make no disclosure to him 
 
Q. t want yon. now to state as near as at Fort Pulaski? A. No, sir. 
 
you can when you first knew him. A. I Q. Did he endeavor to get you to make 
 
knew him some eight or cine months, I any? A. Not particularly, sir. 
 
reckon. 
 
Q. What did he do? A. 'Didn't do any 
 
Q. How long have you known Mr. thing. 
 
Woods? A. I can not tell that. 
 
Q. What did he say on the subject of 
 
Q. Longer than Kirksey or shorter? your making a disclosure? A. I don't 
 
A. Longer. 
 
recollect, sir. 
 
Q. Can you swear that you could recog Q. Did he tell you that he had proof of 
 
nize his voice? A. Yes. sir. to the best your guilt, and that if you would testify 
 
of my knowledge and belief I could. against the other parties, you would be 
 
Q. How was he dressed that night? A. protected? A. I knew that, sir. 
 
I don't recollect, sir. 
 
Q. You. knew what? A. I knew that 
 
Q. Ton say you recognize these gentle I would be protected. 
 
men by their voices, as they were talking, Q. Didn't Mr. Whitley tell you so? A. 
 
as they went from the vacant lot to the He did, sir; I knew it before ever he told 
 
house where Ashburn was killed: can you me though, I knew his business very well. 
 
state anything that any one of them said? Q. What was his business? A. He was 
 
A. I can. 
 
a detective. 
 
Q. State it. A. Mr. Hudson Bob Q. He is no Major in the army then? 
 
Hudson said we would give him hell. A. I do not know whether he is or not. 
 
Q. Anything that any other said? A. Q. You say you knew his business? 
 
No. sir: I don't believe I do; I don't recol A. From what I have heard; 
 
lect particularly what they said. 
 
Q. His business is a Government de 
 
Q. Do you state upon your oath that tective you say? A. Yes, sir, a Govern 
 
the only ground of your recognizing them ment detective, or a Government agent of 
 
was their voice? A. I knowed them very some kind. 
 
well. 
 
Q. Didn't he tell you. that if you didn't 
 
Q. Have you not just stated that you make a disclosure that you would be hung? 
 
fcnowed them by their voices? A. Yes. A. I don't recollect, sir. 
 
sir. I did. 
 
Q. Didn't he tell you in substance that 
 
Q. Yon. said you were first taken to you had better save your neck? A. I 
 
Savannah? A. Taken to Fort Pulaski. don't recollect it, sir. 
 
Q. Where did you first eet acquainted Q. Didn't he tell you that these other 
 
with Mr. Whitley? A'. A' t"~Fort P~ul"aski. I gentlemen were men of property, and that 
 
Q. Did he have charge of you there? | they would let you be hung, and that you 
 
A. Gapt Cook had charge. 
 
had better save your neck by coming out 
 
Q. Have any interview with Mr. Whit with the truth against them? A. I don't 
 
ley there? A. I did. sir. 
 
recollect that either; something of the 
 
Q. When did you first know what you kind was said. 
 
were arrested for? A. I don't recollect Q. State as near as you can what was 
 
that; I don't recollect the time. 
 
said. A. I don't recollect anything par 
 
Q. Who told you? A. I don't recollect. ticularly; I knew it though before he told 
 
Q. Who was present the first interview me so. 
 
you had with Mr. Whitley? A. Nobody, sir. Q. Did he tell you to say that on your 
 
Q. Where did the interview take place? oath? A. No, he didn't 
 
A. At Fort Pulaski. 
 
Q. Was Mr. Daniel under arrest here? 
 
Q. Did he tell you what you were ar A. He was. 
 
rested for? A. No. sir; I don't believe Q. Did Mr. Whitley have the exclusive 
 
he did. 
 
I control of you; did anybody see you ex- 
 
Q. Who did tell you? A. I don't, eept by the permission of Mr. Whitley? 
 
recollect. 
 
A. Officers came there; soldiers saw us 
 
Q. To whom did you first make the dis- without his permission. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Q. Did they go into tie room? A. We Q. Didn't he tell you any words to that 
 
were not in a room. 
 
effect? A. I don't think he did, sir. 
 
Q. Where were you then? A. In the Q. Did he not tell you in the presence 
 
cell. 
 
of your father to remember that the halter 
 
Q. Did the soldiers go into the cells at was still around your neck? A. No, sir. 
 
any time have free access to you? A. Q. Did Mr. Whitley allow you to see 
 
They came if they chose. 
 
your father by yourself? A. He (Mr. 
 
Q. Did they do it? that is my question. Whitley) was in the same room, sir. 
 
A. No, sir; the cook came there to bring radons to us. 
 
He-examination l>y Prosecution. 
 
Q. Were you permitted to have any Q. If the promise of protection made by 
 
intercourse with friends without the per Maj. Whitley was depending upon your 
 
mission of Mr. Whitley? A. I never had testifying against any particular person or 
 
any at all. 
 
persons, name such persons. A. No, sir; 
 
Q. Did Mr. Whitley tell you the arrest it was not. 
 
of the other parties? A. I think lie did. Q. Upon what was it depending? A. 
 
Q. Don't you know he did? A. I am Upon telling all that I knew, sir. 
 
not certain he did. 
 
Q. If he gave you any warning to 
 
Q. Didn't he take you to a place and criminate no innocent person, state what it 
 
show Mr. Daniel in another part so that was. A. I don't recollect particularly, 
 
you could see him? A. No, sir, he didn't. but he told me not to do it. 
 
Q. Didn't he tell you where he was? A. Q. I will ask you if you have done it 
 
I knew where he was. 
 
in any statement you have made here 
 
Q. Didn't Mr. Whitley tell you so? A. whether you have criminated any innocent 
 
I don't recollect, sir. 
 
person? A. No, sir. 
 
Q. Didn't he tell you how he got there? Q. State whether or not you were well 
 
A. I believe he did. 
 
acquainted with Mr. Bedell by sight? A. 
 
Q. How did he tell you he got there? I was, sir. 
 
A. Grave a bond. 
 
Q. Do you not know many persons by 
 
Q. What else did he tell you about it? sight to whom you have never been intro 
 
A. I don't recollect that. 
 
duced and with whom you have never 
 
Q. You don't recollect? A. No. 
 
spoken ? A. I do. sir. 
 
Q. Didn't he tell you distinctly that Q. You testify that you heard these 
 
Kirksey and Chipley had bonded him persons in conversation before you went 
 
(Daniel) and was leaving you to be hung into the house; I ask you whether there 
 
because you were poor? Didn't he tell was any light in Ashburn's room after you 
 
you that Kirksey and Chipley said that went in? A. There was. 
 
their money would save them? A. I be Q. State whether you saw them in the 
 
lieve he did. 
 
house when the light shone upon them? 
 
Q. And also that you would be hung A. I did, sir. 
 
and thereby they would get rid of yon? Q. State whether that did or did not 
 
A. No, sir, he didn't. 
 
aid you in identifying them. A. Not par 
 
Q. Well, did he say they would get rid ticularly; I knowed who they were. 
 
of you? A. I don't recollect that either. Q. Do you mean to say that you knew 
 
Q. Didn't he tell you that Kirksey and before they went in who they were? A. 
 
Chipley said that their money would save Yes, sir. 
 
them? A. I believe he did, sir. 
 
Q. State whether on seeing them in the 
 
Q. Didn't he give you assurance that if light you found yourself mistaken as to 
 
you would come out and make a statement any one of them, and if so, who? A. I 
 
you would not be hurt? A. I knew that, did not. 
 
sir. 
 
Q. State whether or not, in the crowd 
 
Q. That is not my question: I ask you that night, you heard any of those present 
 
did he tell you so? A. He did, sir. 
 
call others by name, and if so whose names 
 
Q. I'll put this question: Didn't he tell you heard called. A. I heard Dr. Kirk- 
 
you that Kirksey and Chipley said that sey's name called. 
 
their money would save them, and d n Q. Do you know by whom it was called? 
 
the other fellows; we want to get them A. No, sir. 
 
out of the way? A. No, sir. 
 
Q. State whether you heard any other 
 
 3IIIJTARY OUTRAGE Ef GEORGIA. 
 
name calle'd. A. I heard Jim Barter's Q. Do they have gaslights moonlight 
 
name called. 
 
nights? A. The moon had gone down. 
 
Q. Any otter? A. I heard Henry 
 
Hennis' name called. 
 
Questions by Court. 
 
Q. Any other? A. I don't recollect  A. Did your party pass a gaslight in 
 
I don't think there was. 
 
going from the vacant lot to Ashburn's 
 
Questions 'by Court. 
 
house? A. No, sir. 
 
< (ji. OSCQtate^:,,the 
-ct. XcOo, SI1. 
 
y> ectaur. 
a 
 
uoif 
 
ti-iuee 
 
ouuccuurreiniuce,. 
 
i i! 
 
t. i-lnl[-At,to-tmhorerreowo'clomcokrntihneg, 
 
Court adjourned at 10 o'clock, 
 
: T T f? 1 T 
 
0. Did any one go as Captain of the ! u ^ w "J 
 
partr and cive you directions: and if so. i cwohmom'waansd,ietrf. AW__.elIl, tshi.ri,nI_k tthhi.enrke h.weasw.' assir:,7 L_a\I would not swear it but I think it was 
 
McP ^vwv R.EACK3'T 
 
C~ommi.1s0si. oo nclomcket, A. 
 
jr., July 
pursuant 
 
to ad,.journ- 
 
Captain Chipley. ' Q. Did any person fire from your rear 
on Ashburn? If so, state about the number of shots, and the names of the persons who fired them, to the best of your knowledse. A. There were two shots fired 
 
mt, ePH*- sfn^. Asame meD?b, ers. as yes+terd.ay, the ^S6 Advocate, the prisoners on trial, and their counsel. 
The Jeeo^d of yesterdays proceedings wa* read and aPPrOTed- 
 
from behind was him, to 
 
me-Jim the best 
 
Barber: I think it!. ^gee F Betz' of my knowledge i *aken yesterday as 
 
who.f test'm ny a witness before 
 
this 
 
and belief. 
 
i Commission, was present, and on hearing 
 
Q. You state that Bedell's mask fell off; * testimony read by the Judge Advocate 
 
-did you reeoOTke Bedell at that time? f^permission of the court to make the 
 
J.. I- did-. sir. ~ 
 
followin,a correction, viz: Where, m his 
 
Q. How Ions have you lived in the, 
 
same town with Dr. Kirksey, Wood, and I 
 
Bedell, and known them? exactly say: a eood. while 
 
A. I could not I i 
 
gooaWJnaff,1ss.1bh,lwClli.,g1ess1h,r ft*toln*TMatbnee*q*usfote'rusethneieodtncSoflnoyfsrsoet'hmetoTthJthefe \dheoTfuOesnSes,e?,, 
 
Q. What were your reasons for assisting! he .de?ires_ now to say- " In regard to the 
 
in killing tohuogiu'uhgthtto b-hiee 
 
Ashburn ? A. Because I ; 
 
was out 
 
oaf- 
 
ttyh- reanwtayto. 
 
the 
 
rplace, 
 
and: 
 
lgft$:rawnt,aesd, 
 
I will not lia-gnhdt,edth. eor 
 
be so positive whether cnoortr.e"ct.i.oPnermaicscsoiornd,.inwg,alys 
 
embodied in this day's proceedings. 
 
Prosecution. 
 
^e counsel for the defense, owing to 
 
Q. 
 
_ fctate what time 
 
of 
 
night 
 
the 
 
killing 
 
i 
 
the correction of ^ court 
 
aforesaid, asked permission to further interrogate the 
 
took place.  
 
A. Between twelve and one : witness,, which permission having been granted, the witness, George F. Betz, 
 
Defense. 
 
again took the stand and was interrogated 
 
Q. Were you or not very much intoxi- ^ 4? 11WS ' 
 
cated the early part of that ni-ht? A. I 
 
Questions "by Defense. 
 
was not. 
 
_ Have you had conversation with 
 
Q. You say that the person you sup- anybody about that portion of your testi- 
 
pose to be Chipley did not go into the house; i mony since it was delivered here yesterday? 
 
you then did not see him by the light? ! A. Have I had any? No, sir, none par- 
 
A. I did not see him go in and did nofTsee : tieular. 
 
him by the light; there was a gaslight in ' Q. Have you had any? is my question. 
 
the street close to the house. 
 
j A. No, sir, I have not had any. 
 
Q. How near is the gaslight to that' Q. You conversed with nobody upon 
 
house? A. It is right eat-a-eornered ; this subject since yesterday upon the 
 
across I suppose a hundred yards. 
 
, subject of this gaslight? Has your testi- 
 
Q. Berringer's corner? A. No. sir. ' mony about that been mentioned to you 
 
Q. What place was it? A. Bight; in 'since you retired from this Court yesterday? 
 
front of a house, about one third of the ; A. No, sir. 
 
: The counsel for the defense then asked 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
41 
 
the further permission of the Court to 
 
Questions ly Defense. 
 
propound to the witness a few general Q. What did you say when Mr. Whit 
 
questions, which in yesterday's examination ley told you that you had sworn that the 
 
were omitted. Permission having been granted, the witness was further interrogated 
 
Markses were at the killing? would not indentify them, or 
 
A. I said I "could not;" 
 
as follows: 
 
I don't know which; one or the other. 
 
Questions ly Defense. 
 
Q. Did you say anything about dictating or giving the name, or words to that effect? 
 
Q. Do you know Jacob and Isaac A. I do not recollect, sir. 
 
Marks, of Columbus, Georgia? A. I do, 
 
sir. 
 
Questions ly the Prosecution. 
 
Q. Have they lately been under arrest THOMAS S. TUGGLE, a witness for the 
 
here? A. I think they have. 
 
prosecution, was then called, and having 
 
Q. When were they brought before you. been duly sworn, testified as follows: 
 
and if so, by whom? A. They were Q. State your name, age, residence, and 
 
brought before me by Maj. Whitley? 
 
occupation. A. My name is Thomas S. 
 
Q. Were you asked if they were present Tuggle; I reside in Columbus, Georgia, 
 
at the killing of Ashburn, or words to that and my profession is that of a physician. 
 
effect? A. Yes, sir. 
 
Q. Did you see the body of George W. 
 
Q. What was your reply? A. "No," Ashburn after his death? A. Yes, sir. 
 
sir. 
 
Q. Where did you see his body, and 
 
Q. Did not Whitley then say that you when? A. The day after he died; I sup 
 
had sworn that they were? A. He did, sir. pose between nine and ten, or probably ten 
 
Q. Did not you say, " Well, you dictated o'clock in the morning; the house was on 
 
the names"? A. Yes, sir. 
 
Oglethorpe street, nearly opposite the 
 
The Judge Advocate then asked per Perry House; he was in the third room, I 
 
mission of the Court to further interrogate think, from the street, entering at the end 
 
the witness on behalf of the prosecution. of the house; I do not know how many 
 
Permission having been obtained, the Judge rooms the house had; it was a long row 
 
Advocate interrogated the witness as fol going back, and I was not further back than 
 
lows : 
 
the room his body was in. 
 
Questions ly Prosecution. 
 
Q. Where was his body in the room? A. Lying in what I would call the north 
 
Q. What do you mean by " dictated the west corner of that room; his head was 
 
names?" A. Well, sir, with regard to that towards a window, which was to the right 
 
last question, I think I gave a wrong of the chimney. Q. Was his body on a 
 
answer. I don't think "dictate" was bed? A. No, sir; lying on the floor with 
 
mentioned at all. 
 
nothing under him at all. 
 
Q. Do you know what the word Q. How was he dressed? A. With a 
 
" dictate " means? A. Not exactly, sir. long shirt you might term it a gown and 
 
Q. Did Mr. Whitley ever name any an overcoat, a sort of sack overcoat proba 
 
persons to you and tell you that you should bly; no other clothing that I remember. 
 
make an accusation against them in regard Q. If you made any examinations of 
 
to the murder of Ashburn? A. I don't the wounds upon his body, state what they 
 
think he did, sir. 
 
were? A. I only looked on while Dr. 
 
Q. Didn't you make the statements to Kirksey and Dr. Moses, and Dr. De Graf- 
 
him voluntarily, implicating the parties in fenried and Dr. Terry turned the body; I 
 
regard to whom you have testified here? do not think I put my hand on the body 
 
A. I did, sir. Only Maj. Whitley talked at all; I made no examination with my 
 
to me as a friend advised me what to do; own hands; I saw Dr. Kirksey probe the 
 
there was no inducement, sir, whatever, wound on his head with a pencil or pen staff. 
 
made to me; I done this voluntarily. 
 
Q. State where that wound was. A. 
 
Q. Did Maj. Whitley ever advise you Well, as well as I could say now, it was 
 
or suggest to you to bring an accusation right in the center of the forehead, rang 
 
against any particular persons? A. No, ing back and little down, as if his head 
 
sir. 
 
had been leaning forward at the time; I 
 
Further questions by defense, by per suppose that it was probably one in above 
 
mission of the Court: 
 
the eyes, as well as I recollect now; there 
 
 42 
 
MILITARY OUTRAGE IS GEORGIA. 
 
were other wounds on his body; he had one! Q. Were you acquainted with George 
 
on the right side of the nates, that seemed W. Asbhurn in his lifetime? A. Yes, sir. 
 
to be a superficial one: he had one on the Q, How long had you known him pre- 
 
left leg. if I am not mistaken, that seemed j vious to his death ? A. About ten months, 
 
to have passed through, the leg; I think! Q. "Were you and he living in the same 
 
there was an abrasion probably on his right j house at the time of his death ? A. Yes, 
 
foot: it might have been a bullet hole, I sir. 
 
am not certain about that; there was blood j Q. "Were you in that house the night of 
 
there, and I thought from the looks of it I his death ? A. Yes, sir. 
 
that it was: therewas a crowd in the room. Q. State to this Court all you know 
 
and it was not very lisht. and I did not put j about his death ? A. I had been out with 
 
a probe in it: I could not swear positively; Mr. Woodfield, the master machinist of the 
 
that there was a wound on the right foot, Museogee road, until about eleven o'clock; 
 
but I think there was: I know there was >; came in some time past eleven, and went to 
 
blood there at least. 
 
j bed; I could not say how long it had been 
 
Q. State whether from the probing of; between that time and the time a rap came 
 
the wound in the head, which you saw! at the door; some one in the house, I 
 
made as you say by Dr. Kirksey, that j think it was Hannah Flourney, asked who 
 
wound was a mortal one or not? A. 11 was there; they said it was one Mary Til- 
 
should consider that it was a mortal wound, linghurst; she said no one could come in 
 
from the direction that it went; that is, at that time of the night, and they said if 
 
provided there'is such a thing as wou nd-' they would not be let in they would break 
 
ing a man mortally in the brain: it seemed | the door in; I got out of bed, and went 
 
to have entered centrally, going directly ! into Ashburn's room, and asked him if he 
 
toward the center and base of the brain. I had any weapons; he said he had; I asked 
 
Q. Is it your opinion that he did or him to give them to me, as some one was 
 
did not die of that wound? A. "Well, sir. going to break in the door; he said no, he 
 
if that wound was there before he was dead, would use them himself; I then tried the 
 
I think it produced his death. 
 
back door and side door; there are two doors, 
 
Q. Did you observe any bullet holes in one leading into an alleyway, and one into 
 
his garments? A. Yes. sir: I saw Dr. De I a back 'Oreh; some one at the back door 
 
Graffenried turn Mm over like, and saw > said, it back, you s n of a b h;" I 
 
where a bullet hole or two, or probably then asked Ashhurn again if he would not 
 
more, had gone through the coat that ap- give me the pistol, instead of using it him- i^lVV> XU\s ULA%> ULlJUUJL. JULtOltstLVL \Jt. U.hJ.Li-1^. Jb J-LJLJLU 
 
parently had not struck his body. 
 
self; he said no, and then put on his over 
 
Q, Did the body, when you saw it. ap- coat, and told me to look out for myself, 
 
pear to be in a condition in which, it had and that God would take care of him; I 
 
died? A. Yes. sir; I do not presume from ! then left the room, and told him not to light 
 
the appearance it presented that it had any light; when I got to the door between 
 
been moved much, from the extravasa-' the front door and the middle room, the 
 
tion of the blood, which appeared to be on! front door was broke in; the rush of men 
 
the body next to the floor, between the coming in, I got behind the middle door, 
 
skin and cellular tissue. 
 
I at the back of the bed; some women's 
 
Q. "What in your opinion, had inflicted clothes were hanging on the back of the 
 
that wound? A. "Well, sir, if I should ! door, on some nails, and they hid me en- 
 
judge from its appearance, it was a bullet.! tirely; one article of clothing also hung on 
 
The defense did not desire to cross-ex-1 the bed-post; Mr. Ashburn opened the 
 
amine this witness. 
 
door of the room, having a lighted candle, 
 
Questions ly the Prosecution. 
 
and said, " Who comes there ? " the party that was coming in said, "You are a d d 
 
G; BEXNETT. a witness for s t;" three then came into the light of 
 
the prosecution, having been first duly' Mr. Ashburn's room ; I could see Ihem; 
 
sworn, testifies as follows: 
 
[ they commenced firing; then one of them 
 
Q. State your name, age, and oeeupa-' withdrew back the one on the left-hand 
 
tion? A. Alexander Gordon Bennett; I side of the door the same side on which 
 
age. forty-eight; machinist. 
 
the door opened; then two others came up 
 
Q. Where is your residence ? A. In and fired in the place of those who were 
 
Columbus, Georgia, for the past two years, j firing first; the last one that fired sat down 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
43 
 
on his knees, and fired under the table; all tween twenty and about twenty, I think, 
 
I heard Mr. Ashburn say afterward was, by the number apparently walking about. 
 
" Stop, stop," I think, three times distincly Q. Do you mean that many in the house 
 
uttered, after the firing commenced, and or that many in and about the house? A. 
 
about the same time they commenced firing; About that many in the house; I could not 
 
I think the side door from'the alley was say for certain. 
 
broke in, but can't say whether there was Q. Did there appear to be many without 
 
any firing from that point or not; after the and about the house at that time? A. Yes, 
 
firing, I heard some one say, " Come on, sir; they seemed to be in an alleyway; I 
 
boys ;" with that they started and run out could not say about the door before it was 
 
of the door; then I came out after that, and broken in. 
 
the girl and boy, standing in the front room, Q. Did you see Ashburn's body that 
 
said,'; Go back, they are coming again;" night after his death? A. I did before 
 
so I went back to the same place again, the police had been in the room and the 
 
but it proved to be the police. 
 
Mayor came in. 
 
Q. Was that room Mr. Ashburn's home ? Q. Did you see any person go into the 
 
A. Yes, sir, it was all the home he had room shortly after Ashburn's death, or 
 
while in Columbus this last time. 
 
about the time it occurred? A. The first 
 
Q. Do you know whether he owned or man that went in was one Lawrence, a 
 
rented it? A. Rented it, I think. 
 
policeman. 
 
Q. Do you know from whom he rented Q. Where was his body when you first 
 
it? A. I think it was the colored woman. saw it after his death? A. Lying with his 
 
Q. Name her ? A. Hannah Flourney. head against the wall at the back part of 
 
Q. Where did he take his meals? A. the room, and his feet pointing toward 
 
In that room. 
 
the table at a kind of an angle across the 
 
Q. Who furnished them? A. I think room. 
 
he was furnishing himself, and the colored Q. Were you present the next day when 
 
woman was cooking for him. 
 
Dr. Tuagles was there? A. Yes, sir. 
 
Q. Did you know why he went there to Q. Was the body in the same position 
 
occupy that room? A. I knew, what he when he was there as it was when you first 
 
told me himself and what I seen in the saw it after Ashburn's death? A. With 
 
papers at the time, that he could not get a the single exception of being drawn about 
 
bed at no hotel. 
 
a foot toward the table; that was done 
 
Q. How was he dressed when you first for the purpose of straightening him out, 
 
saw him that night after he came out of his so that he might not stiffen before he was 
 
bed? A. He had nothing on but his straightened; it was done by the Mayor, 
 
night-shirt, and then he put on his over- or by his order. 
 
coat when he came out of bed. 
 
Q. How many shots did it appear to 
 
Q. Was it by the light from his room you were fired at him? A. I think about 
 
that you saw these parties who were firing fourteen, but won't be certain. 
 
upon him? A. Yes, sir. 
 
Q. Do you know how many wounds 
 
Q. Did you know either of the parties there were on his body? A. I think there 
 
who fired upon him? A. I believe I did. was three or four; I won't be certain on 
 
Q. Name any one whom you knew. A. that head, as I did not look at any of them 
 
Hudson, William Duke, and Jim Barber, except those on the head. 
 
and one Marshall and George Betz; I did Q. Did you observe whether there were 
 
not recognize Hudson nor Marshall so any shot holes through his clothes? A. 
 
certain as I did the other three. 
 
There were some in the coat, but I didn't 
 
Q. Did you recognize any other persons examine it closely. 
 
in that house that night about the time Q. Were there" many marks of shots in 
 
that Ashburn was killed? A. There was the walls or in the rooms? A. Yes, a 
 
more in the room, but I could not see them ; good many. 
 
they were in the shade; there was more in Q. Did any person occupy '.that room 
 
the front room; I could hear them talking with Ashburn? A. Nobody excepting me 
 
to the girl in the front room. 
 
sometimes; there had been a gentleman in 
 
Q. How many persons, in your opinion, the same room, some nights previous to 
 
were in the house that night beside the that, named Edwards. 
 
ordinary occupants? A. I suppose be Q. Who occupied the room next to his, 
 
 MILITARY OtTTRAGE IS GEORGIA. 
 
toward the street? A. Amanda Patterson : of the evidence? A. I could not state all 
 
and a colored woman. 
 
j that they said; it was principally that they 
 
Q. What is^ the name of the colored i thought there was nothing against them 
 
woman? A. H~anna"h ~F~l"ourney. 
 
hut this colored woman Flourney, or some 
 
Q. Who occupied the front room? A. other colored people; they wanted to know 
 
Nobody in general occupied it; it was if I knew any of them that had told any 
 
only rarely occupied hy any party: I was thing against them. 
 
late coming that night and I occupied it. Q. Was there anything said in that con 
 
Q. Were there any other occupied versation about Amanda Patterson? A. 
 
rooms in that house? A. There was a hack No, sir; not that time; nothing with these 
 
kitchen two rooms occupied hy colored ! two men at all. 
 
people; I don't know who they were. 
 
Q. Did they make any request of you 
 
Q. Were you examined hefore a coro in regard to these colored people? A. 
 
ner's inquest that was held there? A. Nothing, except asking the question what 
 
Yes. sir. 
 
it was they had said against them. 
 
Q. Did you make the same statement Q. Did they ask you for any assistance 
 
there that you have made here to-day? or aid of any kind in this trouble? A. 
 
A. So. sir. 
 
No, not particular; they never asked me 
 
Q. Were you not under oath? A. I for any assistance; the assistance they asked 
 
was under oath, but did not tell that I of me was political, more or less. 
 
knew any of them or suspieioned any. 
 
Q. You referred awhile ago to a con- 
 
Q. Why? A. Because I should have versation with somebody else about Aman- 
 
been cutting my own throat if I had done ! da Patterson? A. That was with one Mr. 
 
so. 
 
j Hughes, a cotton merchant, and the other 
 
Q. What do you mean by " cutting your i was Mr. Bowers, the banker, 
 
own throat?" A. I mean simply this, I Q. Will you state what that conversa- 
 
that I believe the Klu-klux Klan would j tion was? A. He asked me, Hughes did, 
 
have put an end to me, as they threatened i about Robert Daniel, if he was in the eus- 
 
to do so any way. 
 
torn of coming to see this girl, and I told 
 
Q. Was it then because you were in him that he was; could not say how often, 
 
fear of your life? A. Certainly. 
 
but I had seen him there; and asked me if 
 
Q. Have you at any time since the death I thought she could have any evidence 
 
of Ashburn. had any conversation with against Daniel, and I said I could not say; 
 
either of these persons on trial? A. Yes. he asked me if it would not be as well to 
 
sir. 
 
get her away from the place; I said "I do 
 
Q. With whom? A. I have spoken to not know whether it would be suitable or 
 
them all since I came here. I think. 
 
not;" he said if she would go away there 
 
Q. I mean had you any conversation would be plenty of money furnished. 
 
with any of them in Columbus after the I Q. Did he or any one else ask you to 
 
trial? A. I had one conversation with ' interest yourself to get Amanda Pattersoa 
 
Mr. Chipley and Kirksey. I believe, about \ away from there? A. I believe Mr. Bow- 
 
six or eight weeks after the occurrence;  ers was the only one that ever asked me; 
 
that is the only conversation with any of: Mr. Bowers and Hughes the only two. 
 
the prisoners that I have had. 
 
| Q. Did they both ask you or only one 
 
Q. Where did that conversation take > in the presence of the other? A. One at 
 
place? A. At the jail, I believe. 
 
ja time: they were not in the presence of 
 
Q. Which side of the jail were you on? | each other; one was in the barber-shop, 
 
Inside or outside? A. We were in a room kept by Sandy Danfall, I think, and the 
 
in the second story occupied by the sheriff, other was in the bar-room behind Speers' 
 
Q. Did they come there to see you? A. [jewelry store, in a back room. 
 
Yes. sir. 
 
| Q, Which one had the conversation 
 
Q. What business did they say they had with you in the barber-shop? A. Hughes. 
 
come for? A. The principal of it was Q. When was that? A. It was about 
 
about politics and to know what evi- two or three days before Amanda Patter- 
 
dence would be against them or what! son's arrest, 
 
evidence I knew would be against them: I Q. Was it before or after a number of 
 
that was the most of the conversation. i persons had been arrested in Columbus on 
 
Q. State what they said on the subject | the charge of having murdered Ashburn? 
 
 MILITARY OUTRAGE IK GEORGIA. 
 
45 
 
A. I think it was three of them had been Q. Who got you out? A. I think it 
 
arrested; no, only two Stevens and was them, but I can't say; the fine was 
 
Barber and the two colored people. 
 
paid; I did not see it paid. 
 
Q. Where and when did you have the Q. Did they say anything to you about 
 
conversation you mentioned with Bowers? paying your fine when they were there? 
 
A. In a back room of this bar-room kept A. I believe they did. 
 
by one Tom Campbell; I think it was Q. You do not know who paid your fine? 
 
about the same day that Hughes had A. No, I don't know which of the two it 
 
spoke to me in the barber shop; I think was, or if it was any of them; but they 
 
one was in the forenoon and the other in said they would get it done. 
 
the afternoon. 
 
Q. You were released soon afterward? 
 
Q. Did either of these men ask you to try A. Yes, sir. 
 
to get Amanda Patterson away? A. Not Q. Do you know a man by the name of 
 
directly; merely hinted if she would go Thomas Clark? A. I know a man by the 
 
away that money would be had or plenty name of Joe Clark a barber; that is all. 
 
of money would be got, provided she would Q. Did you receive any money from 
 
consent. 
 
him? A. I received 3.75, I think, if I 
 
Q. Did they or any other person offer am not mistaken. 
 
any inducements to you to leave? A. No: Q. What was that for? A. To pay for 
 
I was about to leave anyhow; about to some affidavits. 
 
come to Atlanta. 
 
Q. What affidavits? A. Against one 
 
Q. Did you make any effort to get Justice of the Peace, named Bostwick. 
 
Amanda Patterson to leave? A. No, sir, Q. What was that for? A. That he 
 
but went to her one night when I was the was not a citizen. 
 
worst for liquor and had a talk with her; Q. What had that Justice been doing? 
 
I do not know what I said to her. 
 
A. Nothing particular at that time. 
 
Q. Do you remember whether, in the Q. Hadn't he issued warrants for some 
 
conversation you have spoken of at the body? A. Yes, sir; some time previous to 
 
jail or anywhere else, Mr. Chipley said that. 
 
anything about Amanda Patterson? A. Q. Who had he issued the warrants 
 
I believe there was some questions asked against and had arrested that you know of? 
 
me; if she screamed when the party came A. I believe most of the prisoners here 
 
in or made any noise; I believe there was present. 
 
some such question as that asked me. 
 
Q. Then you were employed, were you, 
 
Q. Did Mr. Chipley have any conversa by him to get up a prosecution against 
 
tion about the "Ku-kluxes" that time or this Justice of the Peace? A. No, sir, 
 
any time in the jail? A. Well, something but for myself; it was he that had com 
 
about it; that I need not be afraid of the menced the prosecution against me, and it 
 
" Ku-kluxes" if I did [witness hesi was on my own account that I did that. 
 
tates]. 
 
Q. I will ask you now to point out or 
 
Q. Did what? A. If I helped them call out the names of those persons among 
 
politically, or something of that sort, there the accused here who you saw in Ash- 
 
would be no danger for me from the " Ku- burn's house the night that he was killed. 
 
kluxes;" that is how I understood it. 
 
(The witness here named and pointed to 
 
Q. Did Kirksey have anything to say { James Barber, William Duke, and Eobert 
 
to you in this conversation about that Hudson, the accused, who, at the request 
 
interesting organization? A. I disreeol- of the Judge Advocate, severally rose to 
 
lect; I think not; perhaps some little talk their feet as their names were called. Wit 
 
about it, but it had become so notorious ness then said, " The other two I don't see 
 
the talk of these Ku-kluxes that I didn't here.") 
 
pay any attention much to it. 
 
Q. Were these the three that fired? A. 
 
Q. Did you receive any money from These three fired, I think. 
 
either of these parties on trial? A. No, Q. Are there any others here that fired 
 
sir; believe they were to pay fifty dollars that night? A. No, I don't see any others. 
 
for me, but I don't know whether they did Q. Did you see there that night any 
 
or not. 
 
others of the prisoners that you see here 
 
Q. Were you in jail when they came to present to-day? A. No, I didn't see any 
 
visit you? A. Yes, sir. 
 
others that I knowed. 
 
 46 
 
MILITARY OUTRAGE I3f GEORGIA. 
 
Q. If you Had been acquainted with all j Q. You were very much excited, were 
 
the parties in the house eould you have you? A- Yes, sir; I was considerably 
 
recognized them? A. I don't know that excited. 
 
I could have recognized more than two A.- You have already stated on oath 
 
others that I had seen, but I didn't know that at the coroner's inquest, you stated 
 
them: I only seen about seven in all. j that you knew none of these parties? A. 
 
Q. "Were you in a position to see every I did not say that I knew anybody. 
 
body in the house? A. Xo, sir. 
 
Q. Were you asked if you knew any of 
 
Q. Were you particularly anxious to be ! those persons that came into the house? 
 
seen yourself"? A. Xo, sir; I was not. A. I think I was, but I ain't certain; I 
 
Q. Were you not really hiding from disrecolleet what was said. 
 
observation? A. I was. 
 
Q. If you were, what did you say? 
 
Q. Were you not excited and alarmed? A. I disreeollect; I evaded the question 
 
A. I was. 
 
as far as I could. 
 
Q. Have you not stated on your direct Cross-Examined-- Questions ly Defense. examination here to-day, that you did swear 
 
Q. Didn't you say. Mr. Bennett. that you that you did not know them on that occa 
 
were not certain whether Hudson was there sion? A. I think I stated that. 
 
in your direct examination? A. I ain't Q. You do now swear, that you did then 
 
certain positively as to the man: I would swear at the coroner's inquest that you did 
 
not like to swear positively as to the man; not know them? A. I think I stated to 
 
the other three I am pretty certain of. 
 
them that I did not know any person. 
 
Q. Which three are you certain of? Q. Didn't yon state on the direct exam- 
 
A. I believe it is James Barber, Duke, imation, that at the coroner's inquest you 
 
and Betz. 
 
testified that you didn't know the parties? 
 
Q. You said you would not be certain A. I did testify that way, I think. 
 
positively as to Hudson, because he was Q. Yon assigned as a reason why yon 
 
masked: how can you be certain as to the testified that way, personal fear or appre 
 
other three, as they were masked? A. I hension? A. Yes, sir. 
 
seen them standing up, he was in a stoop Q. Was not a military garrison in Co 
 
ing position and his coat was hanging over lumbus at the time? . A. Yes, sir. 
 
his face, and I could not see him so well; Q. Who was in command there? A. 
 
I saw only one side of his head as he Captain Milk. 
 
passed by the door. 
 
Q. What number of troops were garri 
 
Q. Who was stooping? A. Hudson. soned there? A. I don't know the num 
 
Q. Where was he stooping? A. In ber. 
 
the edge of the door, rather on the side of Q. Were there quite enough to protect 
 
the door. 
 
every person who would appeal to the com 
 
Q. Do yon mean the door where the manding officer for protection? A. If I 
 
shooting was? A. Yes, sir. 
 
went to the barracks and staid there; I 
 
Q. How did you know the other three believe there was. 
 
who were masked as well as the other per Q. When was it you stated you were 
 
sons? A. By their personal appearance, imprisoned in Columbus? A. I believe 
 
and the light shone better on them. 
 
it was the second Monday in May; I don't 
 
Q. What do you mean by the personal know precisely. 
 
appearance? A. The shape; I mean their Q. How did Mr. Chipley and Dr. Kirk- 
 
bodily appearance: I could know I was sey happen to visit you at the jail?. A. 
 
well acquainted with his back to me. or if I don't know, sir. 
 
they were at a distance, I could recognize Q. Were you sick? A. No, sir. 
 
them by their personal appearance. 
 
Q. Didn't Dr. Kirksey attend you there 
 
Q. Is that the only ground on which as a physician? A. He did not attend me; 
 
you made the statement that you knew he was the county physician. 
 
these three persons? A. I can't explain why Q. Is Dr. Kirksey the county physician? 
 
I know a mau when, I see him; I can't de A. He was the county physician. 
 
scribe the optical between two men. 
 
Q. Did he visit the sick in jail, those 
 
Q. You judge then just from the size and that were confined by the orders of the 
 
conformation of the body? A. And their county court? A. I do not know. 
 
walk and movement. 
 
Q. What were you in jail for? A. I 
 
 MILITAIIT OTJTKAGB Ef GEOEGIA. 
 
47 
 
believe it was a whisky bill, obtained part to the Kepublican party in Columbus take? 
 
ly by the Union League and partly by A. Democracy. 
 
myself. 
 
Q. Well, then, you now swear that you 
 
Q. Was it for debt? A. It was for a did know that Mr. Barber was the candi 
 
fine of fifty dollars that they put me in. date of the Democratic party for Clerk of 
 
Q. What was the fine imposed upon the Court? A. I did; he was that. 
 
you for ? Q. I do' not know what it was Q. Didn't you know that Mr. Chipley 
 
imposed upon me for, more than that was was Chairman of the Executive Committee 
 
the main cause of it. 
 
of the Democratic party? A. I did not 
 
Q. Was it not for getting whisky under know; I paid no attention to the. Demo 
 
false pretenses? A. I do not know; that cratic party whatever. I had no knowl 
 
was said to be the cause, but I do nol edge of it, no knowledge as to who was 
 
know that you can drink hy the glass and chairman, nothing of its organization; 
 
get it on false pretenses, going backwards might have seen it stated, but didn't pay 
 
and forward. 
 
any attention to it. 
 
Q. Was not the charge on which you Q. Did you not tell Mr. Cleghorn, the 
 
were convicted for getting whisky under Jailer, that you would deliver to Mr. 
 
false pretenses? A. I do not know what Chipley. Chairman of the Executive Com 
 
the charge was; I never read it. 
 
mittee of the Democratic Club, certain 
 
Q. Was not the charge brought by a letters and other political papers if he, 
 
member of the Loyal League? A. I be Chipley, would get you out of jail? A. I 
 
lieve it was. 
 
told Mr. Chipley that; he demanded that 
 
Q. Who was it that prosecuted you? of me; he demanded no political papers 
 
A. I believed it was an old Jew called of me for that; I was to send them to him 
 
Coleman. 
 
by Cleghorn, as security, if I would work 
 
Q. JBid you then appeal to members of with their political party to a certain ex 
 
the Democratic party for assistance? A. tent. 
 
No, sir; I had no means of communicating Q. Did you agree with Mr. Chipley to 
 
with them unless they came to the jail to turn over the papers to him and work with 
 
me. 
 
the Democratic party if he would get you 
 
Q. Didn't you send word through out of jail? A. No, sir; I did not agree 
 
George Horton, the Sherifij to the leading to work with the Democratic party. I was 
 
members of the Democratic party? A. I to work with the Republican party, and 
 
did not; if he'sent any word, it was on his was to tell him what white members be 
 
own responsibility, not mine. 
 
long to the Union League? 
 
Q. Did you not send word to them by '. You were to be in the League and 
 
John Cleghorn, the Jailer? A. I do not communicate to Chipley what white mem- 
 
know if I knew any of them or had spoken 
 
belong there? A. Yes, the white 
 
to them. 
 
members belonging to the League. 
 
Q. Have you not sworn that you knew Q. Was not that the consideration on 
 
Mr. Barber at night and under a mask? A. which you were taken out of jail? A. 
 
I did. 
 
That was part of it, I think. 
 
Q. Was he not one of the leading mem Q. Was not the other part that you 
 
bers of the Democratic party? A. I do were to furnish them a list of the Loyal 
 
not know. 
 
IJeague and a letter from Foster Blodgett? 
 
Q. Didn't you know that he was a can A. I believe he asked something of that 
 
didate for the clerkship of the county? A. ind, that I had a letter of Foster Blodgett; 
 
Yes, sir, I knew that he was a candidate, 1 think that was his demand, but I do not 
 
but knew nothing about the Democratic think he ever got it. 
 
party. 
 
Q. Was not that consideration the other 
 
Q. You knew he was running on the part of it? Didn't you tell him you had 
 
party opposed to the one to which you be .uch a letter from Foster Blodgett, and 
 
long? A. I knew he was running on the hat you would furnish him that, be- 
 
party opposed to the one to.which I be ides giving him a list of the Loyal 
 
long. 
 
Jeague, if he would get you out of jail ? 
 
Q. To which party do you belong. A. A, I think he made that demand, but I 
 
Eepublican. 
 
lidn't comply with it. 
 
Q. What name does the party opposed Q. You speak of a demand; I speak of 
 
 48 
 
MILITARY OTTKAGE IN GEOBGIA. 
 
the agreement between you. A. I do not! Q. Have you ever seen the letter since ? 
 
thinkTthere -was any agreement, but it was! A. No, sir. 
 
voluntary upon both, parties; there -was no Q. Was it in your trunk? A. I think 
 
specified agreement whatever. 
 
so. 
 
Q. You were in jail under a fine ofi ^Q. Have you examined the trunk since ? 
 
fifty dollars and the costs, and you pro- j A. No). sir. 
 
posed that if he would pay this fine and fQ. Never examined it since ? A. No, 
 
get you out of jail, you would give him a sir. 
 
fist of the Loyal League and furnish him j Q. You gave the order to Mrs. McClary 
 
the names of all the white men in the' to deliver it. A. I gave the order to de- 
 
Loyal League, and also a letter from Fos- ! liver what letters she could find in the 
 
ter Blodgett. you said you would do that, | trunk, I think was the wording of it. 
 
and he would do the other voluntary on i Q. Who is Mr. Costino that the other 
 
both sides ? A. No, the proposition came letter was from or to ? A. Mr. Costino, 
 
from them, not from me that was the I believe he is a colored man, a member 
 
proposition 
 
j of the present Legislature of Georgia, and 
 
Q. Did you agree to that proposition ? the letter, I believe, I got from Mr. Ash- 
 
A. In part I did. 
 
burn the night he was killed. 
 
Q. In what part did you not agree? Q. Mr. Costino, then, was a man of po 
 
A. In furnishing the list of the tfnion litical influence with his party, or supposed 
 
Leasrae. 
 
to be so? A. In Talbotton, I suppose he 
 
Q. You didn't famish the list of the was. He did not belong to Columbus or 
 
Union League ? A. I did not. 
 
Museogee County. 
 
Q. Was^the other part of the proposi- Q. Didn't you represent to Mr. Chipley 
 
tion carried out ? A. So far as the send-1 that the possession of this and other let- 
 
ing over of some four letters in my posses-1 ters would be valuable to him or the Demo- 
 
sion one year. 
 
j eratie party, politically. A. I did not. 
 
Q. Were you released from jail, and the He demanded this as security that I would 
 
fine paid, and you turned over some of the ! aid him in obtaining a city election. The 
 
letters. A. I did. I gave an order to ; letter was given as security, 
 
the jailer to go and find what letters were ! Q. Did you promise them to aid him in 
 
in the trunk.^ One of the letters there was | the city election ? A. I believe I prom- 
 
Mr. Ashbum's. and one from Costino. I ised to aid in obtaining a city election, in- 
 
Q. Did you tell Mr. Chipley that the ! stead of an appointment There was talk 
 
letter from Foster Blodgett was political, i that there was to be a military appointment, 
 
and would do the Democratic party good! and I was to use my influence in getting 
 
to have it. A. I did not. The idea was I an election instead of an appointment, 
 
this, that I was to write to Foster Blodgett I Q. If that was the object, how did Mr. 
 
and aid Foster Blodgett in getting aVity \ Chipley know that you had those letters in 
 
election, instead of an appointment. That | your possession ? 
 
was the object of it 
 
j A member of the Court here objected 
 
Q. Didn't you deliver to Mr. Chipley a I to further examination on this point, as be- 
 
letter from Foster Blodgett ? A. I do not ing irrelevant. 
 
know what was in the trunk. All the let- The counsel for the defense rose to state 
 
ters there. I think I gave him. one from! the object, to show relevancy of the testi- 
 
Bryant. the foot of it little torn, the sig- I mony. 
 
nature torn. 
 
The President of the Court asked that 
 
Q. Didn't you say that the Foster it be put in writing, which was done in the 
 
Blodgett letter was delivered by Mrs. Me- i following words : 
 
Carter to Mr. Chipley. A. I do not know j The object of the testimony is to show 
 
such a person in Museogee county. 
 
that the money that Chipley furnished 
 
Q. Who was it you gave the order to to witness in getting him discharged from jail 
 
deliver the letter ? A. It was to one Mrs. was in no way connected with the Ashburn 
 
McClary. 
 
assassination, but was in consideration of 
 
Q. Didn't Mrs. MeCIary deliver it? certain services, that witness was to render 
 
Don't you know that Mrs. McClary deliv the Democratic party. It is to fully and 
 
ered it? A. I don't know, because I have clearly account for this entire transaction, 
 
not seen the woman since. 
 
I disconnecting it entirely from the object 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
49 
 
which the prosecution intended to estab Dr. Tuggle for it? . A. Who is Mr. Hor 
 
lish hy its introduction. 
 
ton? I don't know the man. I don't 
 
The Commission here retired, and after think I ever spoke to him. I spoke to 
 
due deliberation returned ; and, after the Mr. Wilkins the next morning. I don't 
 
members were seated, the decision of the know any man named Horton. 
 
Commission was announced by the Judge Q. Did you tell anybody in Columbus 
 
Advocate, "That the Court sustains the that if Ashburn had not settled with you 
 
objection in question." 
 
that night you_would kill him ? A. I did 
 
The Court deems it proper to state, that not. 
 
the defendants C. and K. have a right to Q. Were your relations with Ashburn 
 
show, if they can, a different motive for friendly or unfriendly? A. They were 
 
their interference in behalf of the witness not unfriendly at that time they were 
 
when in jail from the one attempted to be friendly. We had explained the matter. 
 
established by the prosecution, but in do It was a difference on election matters. 
 
ing so they must confine themselves within Q. Do you know Mr. John Duncan, of 
 
proper limits. The Court is of opinion that Columbus ? A. I know him by sight. 
 
the cross-examination of the witness on the Q. Do you know his father ? A. I. had 
 
stand has extended to irrelevant matter. the same acquaintance that I did with 
 
Q. What business were you engaged in John. 
 
at the time of the decease of Ashburn? Q. Did you ever say anything to either 
 
A. I was keeping a bar-room. 
 
of them, or both of them together, about 
 
Q. Whose bar-room ? A. It was part the killing of Ashburn ? A. I did. 
 
ly owned by myself, and partly by a fellow Q. What did you say? A. Do you 
 
named Turner a man named Turner.} want me to state the whole conversation 
 
Q. You said that man Turner, or that that occurred between us? 
 
fellow Turner who is Turner ? A. Mat Q. Didn't you state to him, if that 
 
thew Turner. 
 
d d old Ashburn had not been killed 
 
Q. How far was your place of business when he was, you would have killed him? 
 
from the house where Ashburn was killed ? A. No, sir. 
 
A. It was about a. mile, nearly. 
 
Q. You say you did not state to either 
 
Q. Did you not go to the house where of them, or both of them, those words? 
 
Ashburn was killed on the night of the A. No, sir. 
 
killing, in company with Mr. Woodfield, to Q. What time did you reach the house 
 
see Ashburn, to get money that you claimed in which Mr. Ashburn lived, and in which 
 
that Ashburn owed you? A. I went in he was killed? A. I think it was between 
 
company with Mr. Woodfield, early in the seven and eight, or six and seven. I 
 
evening, about money that he owed Mr. don't exactly know what time he came 
 
Woodfield. I was to get mine the next day. there. I had seen him in the afternoon, 
 
Q. Did Mr. Ashburn owe you, and how previously to that, me and Woodfield both, 
 
much? A. He owed me considerable. I and then we were to meet him at night. I 
 
could not tell exactly how much he owed came there for that purpose. 
 
me a little over sixty-seven dollars at Q. Was Mr. Ashburn there when you 
 
one time, and several other bills that I got there ? A. Yes, sir. 
 
looked over. 
 
Q. Did Mr. Ashburn remain there? A. 
 
Q. Did Mr. Ashburn settle with you No, sir; he went to the meeting at the 
 
that night? A. He did not; he was to Temperance Hall. 
 
settle with me the next day. 
 
Q. Was that a, political meeting? A. 
 
Q. Did you and he come to an agree It was. 
 
ment as to how much he owed you, that Q. What time did he come from that 
 
night? A. We did not come to any solu meeting? A. I don't know; I was at Mr. 
 
tion that night. Mr. Woodfield's was Woodfield's house when he came home; he 
 
talked about, and only his, as he was going was home before me. 
 
out to a meeting that night. 
 
Q. What time did you go back to 
 
Q. Did you not say the next morning Hannah Flourney's? A. 1 think it was 
 
after the killing, on Broad street, in Co 11 o'clock, or after 11; it was somewhere 
 
lumbus, to Mr. Horton, that you went after 11. 
 
down with Woodfield to get your money, Q. Did you usually sleep in that house? 
 
and that Ashburn gave you an order on A. I had been in the habit of sleeping 
 
4 
 
 00 
 
MILITARY OUTRAGE IX GEORGIA. 
 
there since Mr. Ashburn came back from I Q. Was he a Government detective? A. 
 
Atlanta; sometimes I would sleep at the ; I think he was, but do not know. 
 
shop, but very little. 
 
Q. Did he ask you to make any diselo- 
 
Q. Had you slept there the night be- sures about Ashburn's assassination? A. 
 
fore? A. I disrec-olleet whether I had or j He asked me why I should have gone to 
 
not: rather think I did. 
 
I this girl while I was full of whisky, and 
 
Q. You state that you usually slept this affair about Mr. Woodfield is the only 
 
there: that is your statement? A. Since! thing I am aware of. 
 
3Ir. Ashburn came back from Atlanta. 
 
Q. Had you ever before stated to any- 
 
Q. Did Mr. Woodfield return to that body about your knowledge of these three 
 
house that night with you? A. He didn't; persons accused? A. I had. 
 
return after he went to his house. 
 
| Q. Whom had you stated it to? A. To 
 
Q. Didn't you state to Mr. Horton next' Captain Mills, and, I believe, to Major 
 
day after this occurred, that Mr. Woodfield i Smythe. 
 
returned with you to that house, and that Q. Was that before you were arrested? 
 
the firing eomnreneed. or the party came.! A. I think that was one day after the oc- 
 
within fifteen minutes after he left? A. I j currence that I told Capt. Mills; it was 
 
did not. I did not speak to Mr. Horton ! but a short time; it was three or four days 
 
the nest day. Mr. Horton was not in the! after the occurrence that I told Major 
 
habit of speaking to me under any eircum- \ Smythe; I wouldn't be certain. 
 
stances. 
 
Q. Did Mr. Reid ask you about the 
 
Q. Did Ashburn fire his pistol that same? A. No, sir; it was about the con- 
 
night in the room? A. I think not; I: versation at the jail, and about going to 
 
wouldn't be certain, but I think not. 
 
see Amanda Patterson. 
 
Q. Didn't you tell Mr. Murphy and Q. When did you first see Mr. Whitley? 
 
ethers that Ashburn fired one shot and A. At Capt. Mills' office, the morning I 
 
TCU. thought two; but was positive that he' was arrested. 
 
fired one shot that night? A. Mr. Murphy j Q. Did he go to Savannah with you? 
 
was looking at the pistol, and seeing it was i A. No. sir. 
 
not fired, seeing that there was not a i Q. Did you see him in Savannah while 
 
chamber empty, there was no necessity for' you were under arrest at Fort Pulaski? 
 
Eiy saying that. 
 
I A. I did not see him while I remained a 
 
Q. You state that you did not make i prisoner at Fort Pulaski, but after I came 
 
that statement to Mr. Murphy? A. I j away. 
 
made no statement to Mr. 3Iurphy at all:! Q. Where did you see him after you 
 
i~ was to 3Ir. Mayor that I made any state- j came away? A. At Atlanta. 
 
ment that was made. 
 
Q. You did not see him from the time 
 
A. What time were you arrested? A. of your arrest till you came to Atlanta? 
 
The first day of last month. June. 
 
A. I think not. 
 
Q. Where were you taken? A. To Q. Where were you put when you were 
 
Fort Pulaski. 
 
j brought here? A. I was put in a room 
 
Q. Where were you put there? A. In j where there was some other witnesses. 
 
a cell, 
 
| Q. Where were you placed after that? 
 
Q. What was you arrested for? A. I A. In a cell in the guard-house. 
 
don't know. 
 
Q. Been kept in a cell ever since? A. No. 
 
Q. Were you ever told what you were Q. How long were you kept in a cell? 
 
arrested for? A. No. 
 
A. I disreeolleet how long. 
 
Q. How were you treated there? A. Q. Were there any statements made to 
 
Received the same fare as soldiers generally you that by making disclosures vou would 
 
received soldiers' rations: only closely j be removed from the cell? A. No, sir; 
 
confined: that was the only trouble that; no ofifers of any kind were ever made tome. 
 
was to it. 
 
Q, Can you account for your being ar- 
 
Q. Were you confined in a cell? A. I was. rested and put in a cell and kept in a cell 
 
Q. What was the size of the cell? A. ' for so long a time as you were? Any 
 
I should suppose it was about seven or I reason assigned you for it? A. I under- 
 
eight feet long by four or five feet wide, j stand it was attempting to leave Columbus, 
 
Q. Who visited you there? A. An'or to go away with this girl; I do not 
 
officer named Reid. I believe. 
 
] know exactly. 
 
 MILITART OUTRAGE IN GEORGIA. 
 
51 
 
Q. Had Mr. Whitley ever had any con said I'd see about it; at that particular 
 
versation with you about your testimony? time, and the morning after Mr. Ashburn's 
 
A. I disreeolleet; we have spoken many death, I went there; thinking he was one of 
 
times on various subjects; I do not think the party, I said, after taking a drink or two, 
 
there was "any specified conversation on "I wonder why I escaped that night?" 
 
that subject. 
 
'and he said "because you had turned a 
 
Q. Were you confined with any of the Democrat:" he then said nobody would be 
 
other prisoners, or were you together at hurt for killing old Ashburn in a whore 
 
any time? A. George Betz was the only house anywhere else except in the United 
 
one and Marshall and a boy named Ste States; I don't recollect what I said in, 
 
phens. 
 
answer to various inquiries made. 
 
Q. Were you -confined for a part of the Q. What kind of arms were used by the 
 
time in close confinement with Betz alone? accused named? A. Revolvers. 
 
A. I was. 
 
Q. Were you released from jail and 
 
Q. What did Mr. Whitley tell you, the your fine paid in consideration that you 
 
third day of your close confinement with would not say what you know about the 
 
Betz, would be the result if you did not death of Ashburn? A. JS"o, sir, there was 
 
disclose? A. I believe he said that I no such thing as that. 
 
should stay there till I rotted, or something The Court then adjourned till 10 o'clock 
 
to that effect; I believe that was the amount to-morrow morning. 
 
of it. 
 
Q. Did you see the affidavit that Mr. 
 
McPnEnsos BARRACKS, ATLANTA, GA., 1 
 
Whitley got Betz to make there? A. It 
 
July 3, 1868. / 
 
was not made in the cell I was in; I The Commission met pursuant to ad merely got a sight of it did not read it journment. 
 
at all. 
 
Present The same members as yester 
 
Q. You do not know the substance, of day, the Judge Advocate, the prisoners on 
 
it? A. I do not; I know a few of the trial and their counsel. 
 
names; I know nothing of the substance. The record of yesterday's proceedings 
 
Q. Was Betz with you last night? A. was read and approved. 
 
Yes, sir; he was in the room all night. 
 
Henry L. Benning, Esq., of counsel for 
 
Q. Sent to your room? A. I think so. accused, appeared and took his seat. 
 
Re-direct Examination ly Prosecution. 
 
The counsel for accused requested that the court instruct Capt. Mills, who had ia 
 
Q. Do you know why you were con charge the testimony taken at the coroner's 
 
fined in the cell with Betz alone? A. I inquest, to forward the same, for the pur 
 
do not exactly know why; I have an idea, pose of being used upon the trial now 
 
but do not exactly know the real cause of proceeding. 
 
it; I believe Mr. Whitley asked me if I The Judge Advocate stated that he 
 
woulji go in the cell and I said I would; would have Captain Mills subpoenaed, with 
 
when I was taken there I believed strongly instructions to bring with him the docu 
 
that he was one of the parties that did the ment referred to, if in his possession. shooting of Ashburn. 
 
Q. Did you go in at the suggestion of Questions fy the Judge Advocate.. 
 
Mr. Whitley or by his direction? A. I AMAHDA PATTERSON, a witness on be- 
 
volunteered to go. 
 
behalf of the prosecution was then intro 
 
.Q. For what purpose did you volunteer? duced, and having been duly sworn, testified 
 
A. I believe it was to see if I could induce as follows: 
 
him. to go over to the State's evidence. 
 
Q. What is your name? A. Patter- 
 
Questions by the Court. 
 
son. Q. Your full name? A. AmandaPat- 
 
Q. What did you state to the Duncans? terson. 
 
A. Well, sir, Mr. John Duncan, some time Q. Your age? A. Going on eighteen. 
 
previous I think it was three days previous Q. Where do you reside ? A. Colum 
 
strongly induced me to turn a Demo bus. 
 
crat, saying that something was going to Q. What State? A. Georgia. 
 
happen; he strongly advised me to quit Q. How long have you resided there ? 
 
Ashburn and stop with, him altogether; I A. About six years. 
 
 52 
 
MILITAKT OUTRAGE IN GEORGIA. 
 
Q. "Were you acquainted with George Ashburn? A. No, sir; I didn't see them; 
 
W. Ashburn. in his lifetime? A. About I went into the front room. 
 
tiro weeks was as long as I was acquainted Q. Did yon see Bennett there that night? 
 
with him. 
 
i A. Yes, sir, I saw Mr. Bennett. 
 
Q. Were you living in the same house | Q. Were any females there that night? 
 
with him at the time of his death ? A.' If so. state who they were. A. None but 
 
Yes. sir. 
 
\ me and Hannah Flourney. 
 
Q. Had you known him previous to | Q. How many persons seemed to come 
 
going to that house to live ? A- Yes. sir. | into the house at that time? A. Well, I 
 
Q. How many rooms are there in that' could not tell how many there was in the 
 
house? A. Five. sir. 
 
j front room; there was a good many; there 
 
Q. Did you occupy either of these ! was not so many come into the mid 
 
rooms ? A. Occupied one of them. 
 
! dle room, though; I don't know ex 
 
Q. Will you state which one of them:' actly how many did come into the middle 
 
that is. whether first, second, third or' room. 
 
fourth from the front? A. Second from! Q. Which room were you in when 
 
the front. 
 
these parties broke into the front room? 
 
Q. Which room did Mr. Ashburn oc A. In the second room. 
 
cupy? A. Third room. 
 
Q. Was there any person in there with 
 
Q. Were you in your room the night you at the time? A. No, sir; no one but 
 
that Ashburn was killed ? A. Yes, sir. Hannah Flourney. 
 
Q. Now. state to the court, in your own Q. Did you see any persons that night 
 
way. what happened that night in relation in your room besides the usual occupants 
 
to his death ? A. There came a crowd of of the house? A. Yes, sir, I did. 
 
men to the door, knocked and asked for Q. State who you saw. A. I saw Chip- 
 
the door to be opened; Hannah says. I ley, Dr. Kirksey, and Bob Hudson, Co 
 
shan't open the door this time o! night for! lumbus Bedell, Jim Barber, and George 
 
nobody: she asked them who was there;! Betz, and Bill Duke. 
 
they said "Mary Tillinghurst;" Hannah Q. Do you see any of the parties you 
 
asked 'em who they wanted to see; they j have named now in this room? If so, 
 
said they wanted to see "Mandy;" shej point them out. A. Yes, I do. [Wit 
 
told them they couldn't see "Mandy; " then ' ness here pointed out the three mentioned 
 
they asked for her; she wanted to know among the accused.] 
 
what they wanted with her; they said for ! Q. Were these parties disguised in any 
 
her to come to the door a minute; she told : way? A. Yes, sir; they had on masked laces. 
 
them she shouldn't do it: they told her if; Q. Did you see any one or more of 
 
she would not open the door they would ' them that night without masks? A. I 
 
burst it open: she told them they might' didn't see but one. 
 
burst it if they wanted to; so they burst I Q. Who was that? A. I don't know, 
 
it open and come in. - 
 
j sir; a stranger to me. 
 
Q. Well, what did they do when they [ Q. Did any of these that were masked 
 
came in ? A. When they asked Hannah i lose their masks that night? A. Yes, sir: 
 
who was in there, she said nobody but me Columbus Bedell lost his. 
 
and her; then they went to Mr. Ashburn's i Q. Where did he lose his mask? A. 
 
door and told him to open it; he asked! It dropped off his face when he went out 
 
what was wanting, and they told him to the front door. 
 
open the door; then he opened the door Q. Did any conversation take place be 
 
and they commenced firing. 
 
j tween yon and him at that time? If so, 
 
Q. Was there any light in the front' state what it was. A. None at all, only, 
 
room when these persons broke in? A.\ as he went out the door, he told me if I 
 
No. sir; there wasn't no light in either one! told on him he would kill me. 
 
of the rooms. 
 
i Q. Did this take place in the daytime 
 
Q. Was there a light in that room the ' or at night? A. Night 
 
front room at all, that night after they Q. Do you know what day of the month 
 
broke in? A. No: no light at all, only or week? A. I don't know, sir; it was 
 
what they brought in; they lighted a light' Monday night, 
 
in the room after they came in. 
 
j Q. What time in the night? A. It was 
 
Q. Did you see the persons who fired on ! between twelve and one o'clock. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
53 
 
Q. Had you had any conversation with Q. When and where? A. He came up 
 
any of these parties previously in regard to my house about a week before I came 
 
to the killing of Ashburn? A. I had a from home. 
 
conversation with Chipley, Dr. Kirksey, Q. What did he say to you then and 
 
and Jim Barher. 
 
there? A. He said not much of anything, 
 
Q. Where did that conversation take only he said he wanted me to come to his 
 
place? A. Up over Spears'. 
 
room with him. 
 
Q. State how you came to he there. A. Q. Did he ever visit you before? A. 
 
I went to see the Doctor. 
 
No, sir; never was in my house before iu 
 
Q. What Doctor? A. Moses. 
 
his life. 
 
Q. Were they in the Doctor's office? Q. How long did he stay that time? 
 
A. No, sir, they wasn't. 
 
A. He didn't stay more than half an hour. 
 
Q. Where were they? A. They were Q. Any person present when he was 
 
in another room. 
 
there? A. Yes, sir. 
 
Q, State the conversation you had with Q. Who were they? A. Agnes Kyles, 
 
them. A. Well, I went up there; they Georgie Allston, and Almeda Ridley. 
 
were in a room, and when I come out Q. Did you go with him as requested? 
 
Barber says "Mandy;" and I says, "What A. No, sir; I did not. 
 
do you want?" and he says, "Come Q. Did he give any reason why he 
 
here." I just walked to the door never wished you to go with him? A. No, sir. 
 
went inside and him and Chipley says, Q. Did you make him any promise? 
 
"We are going to kill old Ashhurn the A. No, sir, I didn't make him no promise. 
 
night of the day he speaks." I told them Q. Did he tell you where his room was? 
 
not to do it while I lived there. 
 
A. Yes, sir; he told me where it was. 
 
Q. When did this conversation take place? Q. Did he tell you to come some other 
 
how long before Ashfaurn's death? A. time if you could not go then, or anything 
 
On the Tuesday evening before the Mon of that kind? A. Yes, sir; I was sick at 
 
day night they killed him. 
 
that time and he asked me when I got well 
 
Q. Was that all the conversation that if I would come. 
 
took place between you and them at that Q. Have you had any conversation 
 
time? A. No, sir; I told them not to with any person, since the death of Ash- 
 
come while I lived there, and I told them burn, about leaving Columbus? A. No; 
 
that they did not know how to get in; none except with Mr. Bennett; Mr. Ben- 
 
they said they knew as well how the house nett came to my house and wanted me to 
 
was fixed as I did; and they said if I told go away. 
 
what they said they would kill me. 
 
Q. Well, what did he say to you about 
 
Q. Did yon hear either of these parties, going away? A. He asked me if I didn't 
 
at any other time before Ashburn's death, want to go away; I told him no; I asked 
 
say anything about killing him. A. I him why he wanted me to go away; he 
 
heard Columbus Bedell and Jim Barber. said the Ku-kluxes would kill us; he said 
 
Q. When and where was that? A. It | if the Yankees carried us off and put us in 
 
was on the street, on the Wednesday, I be-! prison we would die; he said he didn't 
 
lieve, before the killing, Monday. 
 
want to swear anything against the men; I 
 
Q. On what street was it? A. Broad told him I would not go at all; he said 
 
street. 
 
Mr. Bowers and Columbus Bedell was to 
 
Q. Iu what place? A. Down close to | furnish the money to go away if we would 
 
the new bank, Columbus. 
 
go and not swear anything against them. 
 
Q. What did you hear said by either of | Q. Why did you not go with Bedell, as 
 
these parties at the time? A. As I was he requested? A. Because I didn't want 
 
passing by I heard Jim Barber say to to go; I was afraid he wanted to get me 
 
Columbus Bedell, says he, " We're goinsr down there and kill me. 
 
to kill Ashburn." 
 
Q. What would he want to kill you for? 
 
Q. Had you any personal acquaintance A. Afraid I would tell anything on him. 
 
with Columbus Bedell at that time? A. No, sir; I had talked to him some few 
 
Cross-examined l>y Defense. 
 
times; not often. 
 
Q. Were you examined at the Coroner's 
 
Q. Have you seen hira to talk to him inquest? A. Yes, sir. 
 
since the killing ofAshburn? A. Yes, sir. Q. In that examination did you not 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
testify that you did not know any of these Q. When were you first arrested? A. 
 
parties? A, Yes, sir, I did; I would not ' I don't know what day it was, now. 
 
tell :em I knowed 'em. 
 
I Q. As much as three weeks ago? A. 
 
Q. Do you know Mr. MeCanlis. that Three weeks? It will be six weeks or seven 
 
lives near your house? A. Yes. sir, I weeks to-morrow since I left home. 
 
know him. 
 
; Q. Who arrested you? A. Captain 
 
Q. Did you see him that night after the Mills sent up and had me arrested: I never 
 
death of Ashburn? A. Yes; sir, I seed asked him anything about it, or who had 
 
him. 
 
! it done. 
 
Q. Did he come into your house? A. i Q. Where were you first taken to? A. 
 
Xo: I saw him standing out by his gate.  Me? I was taken down to Fort Pulaski. 
 
Q. Any conversation between him and Q. How were you treated there? A. 
 
you as to the persons in the party im Oh, I was treated mighty well. 
 
mediately after the death of Mr. Ashburn? ; Q. Where were you put? A. I was put 
 
A. Xo. I had never no conversation with I in .a room. 
 
him; I never spoke to him. 
 
Q. By yourself? A. Yes; by myself. 
 
Q. Did not you speak to Mr. MeCanlis Q. What was the size of the room? A. 
 
that night after Mr. Ashburn's death? A. A tolerable large room. 
 
Xo. sir: I never spoke to the man. 
 
i Q. 'Any person visit you there? A. 
 
Q. Did not he ask you if you knew any \ Yes, Captain Cook visited me there. 
 
of them? A. Xo; I never spoke to him. Q. Did he converse with you about this 
 
Q. Didn't you tell him that you did not affair of Ashburn's assassination? A. Xo, 
 
know any of them? A. Xo: never spoke ; I never said anything to him about it. 
 
to him at all that night. 
 
I Q. Who first mentioned the subject to 
 
Q. Did you see the son of Mr. Ashburn you, of the assassination of Ashburn, after 
 
there that night after his father was killed? : your arrest? A. Mr. Whitley. 
 
A. Yes. sir. 
 
I Q. Did he tell you that that was what 
 
Q. Did he ask you if you knew any of you were arrested for; to give evidence on 
 
the parties that killed him? A. Xo; his ' that subject? A. Yes. sir. 
 
son never asked me if I knew any of them Q. What did he state to you about your 
 
at all. 
 
: evidence? A. He asked me what I knew 
 
Q. Were you in the room with his son ' about it. 
 
where the body was lying ? A. Yes; sir; ' Q. Did he tell you that you would be 
 
I was in there. 
 
i confined until you made a disclosure? A. 
 
Q. Didn't he ask you if you knew any Xo. 
 
of them there in the room ? A. He Q. Did he tell you that you would be 
 
never asked me if I knowed 'em. 
 
j confined not released until you made a 
 
Q. Who were present at the time you ' disclosure? A. Yes, he told me I would 
 
sny Dr. Kirksey. Chipley and Barber told! be imprisoned until I told about it. 
 
you that they were going to kill Ashburn? Q. Did he tell you what could be proven 
 
A. I don't know: there was some more by other parties? A. Xo. 
 
men in the room I didn't know; there' Q. Did he tell you that he knew that 
 
was no one witli me at all. 
 
: Kirksey and Bedell and Chipley and Duke 
 
Q. What time was it that you had this were there? A. Xo, he never said any 
 
conversation with 3Ir. Chipley and Barber thing about it; he never told me that he 
 
and Kirksey ? A. It was in the evening knew they were there. 
 
on Tuesday before they killed him. Monday Q. Did he ever mention the names of 
 
night. 
 
these gentlemen to you? A. He never 
 
Q. Was that the time you say you went ! mentioned their names until I told him 
 
to Dr. 3Ioses! office ? A. Yes. sir. 
 
they were there. 
 
Q. Was it at Dr. 3Ioses' office ? A. \ Q. How long was it before you told him 
 
Xo. sir: it was not. 
 
they were there? how long after your ar 
 
Q. Where was it then ? A. It was in rest? A. Xot long. 
 
another room; in the same building. 
 
; Q. Did you ever see Mr. Whitley until 
 
Q. Where was that building? A. Where ' you came to Atlanta? A. Yes, sir. 
 
-ras the building? Up over Spears'. 
 
; Q. Where did you first see him? A. I 
 
Q. Do you mean Spears' jewelers' store?. saw him down at Fort Pulaski. 
 
A. Yes: I mean Spears' jewelers' store., Q. How long have you been in At- 
 
 MILITARY OUTRAGE IN GEOEGIA. 
 
55 
 
lanta how long since you came up? A. warned by Chipley and Barber before it 
 
Been here four weeks. 
 
occurred, that if I told anything on them 
 
Q. How much a day did lie tell you he they would kill me. 
 
would give you ? A. Never told me he Q. But I mean by any officer ? A. No, 
 
would give me anything. 
 
by no officer. 
 
Q. Did you not tell the guard that Mr. Q. Did anybody else warn you, before 
 
Whitley told you he would give you a cer the Coroner's inquest met, not to tell what 
 
tain amount of money, and if so what you knew about it? A. Yes, Mr. Ben- 
 
amount ? A. No, I did not. 
 
nett told me not to tell anything there 
 
Q. What time of day was it when you about it. 
 
heard Bedell and Barber speak of killing Q. What did Mr. Bennett say to you ? 
 
Ashburn? A. In the evening, between A. He told me not to tell anything there 
 
two and three o'clock. 
 
that I knew about it. He said he was not 
 
Q. Who were present when Bedell and going to tell anything he knew, and if we 
 
Barber spoke to you on the street. A. did tell, they would kill us all. 
 
There wasn't no one at all. They didn't Q. Did the conversation you had with 
 
speak to me; I just heard them speaking, Chipley, and Barber, and Kirksey, over 
 
when I was passing by. 
 
Spears' store, take place iu the room, or in 
 
Q. Were any persons present with them ? the hall, or where ? A. They were in the 
 
A. No, they were by themselves. 
 
room. 
 
Q. What part of the street was it, and Q. Where were you ? A. Standing in 
 
what street was it ? A. Broad Street. the hall, right by the side of the door. 
 
Q. What part? A. Not very far from Q. Whereabouts were they standing? 
 
the new bank. 
 
A. In the door. 
 
Q. Where is the new bank ? A. On Q. Were the other persons whom you 
 
Broad Street. 
 
there saw in the room, near to those with 
 
Q. What part of the city is it in? A. whom you were conversing, or not? A. 
 
About middle-way in the city. 
 
No, they were standing about middle- 
 
Q. How far from the Perry House is it? ways in the room. 
 
A. It is nowhere's near the Perry House. Q. Did they speak in a loud voice ? A. 
 
Q. How far from the Post-office is it? Not very loud. 
 
A. Post-office ! It is nowhere's near it. 
 
Q. Did they speak to you loud enough 
 
Q. How far from the City Hall is it? to be heard by the other persons in the 
 
A. I don't know where the City Hall is. room? A. Yes, sir, they did. 
 
Q. How far from Spears' jewelers' 
 
store? A. A good piece below. 
 
Re-cross-examined--Questions 1y Defense. 
 
Q. Which side of the street was it on ? Q. Had you left Dr. Moses' office be 
 
A. On the left-hand side as you go down. fore this thing took place ? A. Yes, sir, 
 
Re-examined--Questions by Judge Advo cate. 
 
he was not there. Q. How far was his office door from the 
door where these gentlemen were? A. 
 
Q. In your cross-examination, you stated not far. 
 
that you would not tell the Coroner's Jury Q. On the same floor? A. Yes, sir. 
 
what you knew about the persons who Q. How far from the door six feet, or 
 
killed Ashburn, or words to that effect; ten, or what ? A. The Doctor's office was 
 
now tell me why you would not tell before on one side of the hall, and they were on 
 
the Coroner's Jury all that you know about the other. 
 
that matter ? A. Because I was afraid of Q. Is his office door right opposite? 
 
my life. That's the reason I didn't tell it. A. No, not opposite. 
 
Q. Why were you afraid of your life ? Q. What distance do you think itT is 
 
A. Because I was. I was afraid they from one door to the other? A. I don't 
 
would kill me. 
 
know; I never took no notice. 
 
Q. Why were you afraid they would Q. Is it eight or ten feet? A. I don't 
 
kill you? A. Because I knew they would know how far it was. 
 
have killed me if I had told anything on Q. Which is nearest to the entrance of 
 
them. 
 
the hall the door of Dr. Moses' office or 
 
Q. State whether or not you had been the one these gentlemen were standing in? 
 
warned by any one not to tell ? A. I was A. The door these here men was in. 
 
 56 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Q. Was Dr. Moses' office door open? Ashburn? A. Well, sir, the party refused 
 
A. Xo. sir. 
 
to give bond for me; Capt. Mills, I believe, 
 
Q. Any other office door open? A. told me he was required to take bond from 
 
Xo; no doors were open at all. only the | each one of them to the amount of twenty- 
 
door them men were in. 
 
five hundred dollars, and they refused to 
 
The Court then took a recess of ten give bond for me; I think Mr. Moses was 
 
minutes at the request of one of the accused,! the man who refused; he said the reason 
 
after which the Commission was again was he didn't know me; I made myself 
 
called to order by the President. 
 
known to him, and he knew me very well 
 
Questions by Judge Advocate. 
 
after I told who I was; I stepped to the window and told a negro boy to go to my 
 
H. STEPHENS, a witness on behalf mother and aunt and to bring them and 
 
of the prosecution, was then called, and: the titles of the property; shortly after 
 
having been duly sworn, testified as follows: 'they came up; I gave them seats and 
 
Q. State your name, age. and ocenpa- j walked up to my mother and looked at 
 
tion. A. Wade H. Stephens; 21 years of some papers, and handed them back to her, 
 
age: occupation, harness-maker. 
 
and stepped off some three or four paces; 
 
Q. Where do you reside? A. Colum Kirksey walked up to me and said, " That's 
 
bus, sir. 
 
all right now; we didn't know you; we 
 
Q, There are about forty Columbuses didn't know but what you was guilty, and 
 
in the United States; in which do you ! if you was you would have got money to 
 
reside? A. Columbus. Georgia, sir; Mus-1 go away upon." 
 
c-ogee county. 
 
Q. Didn't he know yon at that -time? 
 
Q. How long have you resided there? A. He did very well, sir; he was the first 
 
A. About eight years. 
 
man that spoke to me when I got into the 
 
Q. Are you acquainted with Dr. Kirk- court-house; I was arrested, I believe, on 
 
sey"' A. Yes. sir. 
 
Tuesday, though all the rest were arrested 
 
Q. How long have you known him?' on Monday; no one was arrested that day 
 
A. Seven or eight months: probably more. ' but myself; when I stepped into the court 
 
Q. Isr hehere? A. Yes. sir. 
 
room he called me by name; I supposed he 
 
Q. Which is he? A. There he is over | knew me by his calling me; he was the first 
 
there, sir: next to Mr. Roper (pointing to man that spoke to me; I knew him; he 
 
one of the accused). 
 
j spoke to me a great many times before that. 
 
Q. State whether you had any conversa-' Q. Do you remember the month and 
 
tion with him in regard to the killing of ' the day of the month that you went to 
 
George W. Ashburn. A. I had a con- : prison? A. Not exactly, 
 
versation with him before the killing of Q. About what time was it? A. I do 
 
Mr. Ashburn; about three weeks. 
 
j not remember, sir, what time it was, be- 
 
Q. State that conversation, if it related cause I knew I was innocent and didn't care 
 
to the killing of Ashburn. A. I met him! about it; I was not dreaming of being ar- 
 
on the street, sir. a few blocks below the rested and brought to this place or any 
 
court-house; he stopped me and called me! other on the Ashburn affair. 
 
to his buggy; he was in his buggy at the' Q. Do you remember how long it was 
 
time: he asked could I keep a secret; I ': after Ashburn was killed, before you were 
 
told him of course I could; he told me [ arrested and taken to the court-house? A. 
 
there was a party got up in that place to I can not say the length of time, but it was 
 
go to a certain place at a certain time and a few weeks before the election; that's all 
 
there put an end to old Ashburn. and if I I could say about that, sir. 
 
would join the party he would srive me! _ 
 
, _ . , ^, 
 
fifty dollars: I refused his money and! Cross-Examined-- Questions ty Defense. 
 
went away; he called me back to him and Q. When were you first arrested ? A. 
 
said if I would not go with the party not! When? It must have been a good while 
 
to expose what he said to me; nothing! ago, sir; I don't remember what time it 
 
farther occurred at that time: I spoke a! was. As I said before, I didn't pay any 
 
few words afterward to him when we were ! attention to anything concerning the arrest 
 
prisoners in the court-house. 
 
during the time I was confined in the eourt- 
 
Q. What was your conversation in the house; what I heard there I of course, 
 
court-house, if it related to the killing of! knew very well; recollected it, and do until 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
57 
 
to-day, but the day of my arrest I could could fare; as well as they generally do 
 
not remember, sir; I remember when I fare. 
 
was arrested and carried to Fort Pulaski. Q. Were you told that you would be 
 
Q. Were you discharged on your arrest? kept in close confinement until you did? 
 
A. On my bond, sir, I was released. 
 
A. No, sir. 
 
Q. Did you state that that was shortly Q. How long did you remain there be 
 
previous to the election? A. Some time fore making any disclosure? A. Never 
 
before the election, sir, and after the death made any at all, sir, there. 
 
of Mr. Ashburn, that I was in the court Q. Where did you make a disclosure? 
 
house. 
 
A. At McPherson Barracks, sir. 
 
Q. How long before the election? A. Q. You made no disclosures at Fort Pu 
 
I don't remember, sir; as I have explained laski, of what you have here to-day? A. 
 
before, I do not remember the time; I No, sir, none at all; I may have spoken some 
 
think it was a few weeks, probably more; few words to some of them about it; I 
 
I don't remember the date or anything won't be certain that I never mentioned 
 
about it. / 
 
anything at all about it while there; but I 
 
Q. When were you arrested a second made no confession there. 
 
time? A. The 14th of May, sir, I believe, Q. Were you removed from the first cell 
 
when I was carried to Fort Pulaski. 
 
you were put in? A. Yes, sir. 
 
Q. Who were arrested with you at that- Q. Where were you put then? A. Into 
 
time? ' A. Mr. Barber, sir; I found him another cell opposite; it was the left cell 
 
in the court-house when I went there, or I was in on the opposite side the side 
 
rather he was in a room off separate from facing the side I was first in. 
 
the cells; I do not know whether it was in Q. What was the object? A. I don't 
 
the guard-room or not; was called about know, sir. 
 
twelve o'clock to go to the depot and get Q. Was there any change in your per 
 
on the train; he came out also, and two sonal condition? A. No, sir. 
 
negroes. 
 
Q. Cell of same character and size? 
 
Q. What were the names of the colored A. Yes, sir; I think the reason I was 
 
people? A. John Wells and John Stap changed was they wanted to put one of 
 
ler, sir; they pass by these names; I could these freedmen in the cell that I was in; 
 
not swear to their names. 
 
but I won't be positive. 
 
Q. Where were you put in Fort Pu Q. Were you put at any time in a close 
 
laski? A. In a cell, sir. 
 
box? A. No, sir. : 
 
Q. What was the size of the cell? A. Q. No restraint at all put over your 
 
About four by six and about fifteen feet person your limbs? A. No, sir. 
 
deep. 
 
Q. Did you receive any letter from any 
 
Q, In close confinement? A. Yes, person? A. Yes, sir; I received two; my 
 
sir. 
 
mother's name was signed to them; I don't 
 
Q. Who visited you there? A. Cap know whether she sent them or not. 
 
tain Reid, Major Whitley, and Captain Q. Who delivered them to you? A. I 
 
Cook, sir. 
 
won't be positive, sir; it was either Major 
 
Q. When were you informed of what Whitley or Captain Beid. 
 
you-were arrested for ? A. I was not told, Q. Did you get a letter from any one 
 
sir; I was asked if I knew anything about telling you that Kirksey, Bedell, and the 
 
the Ashburn affair. 
 
others had confessed? A. No, sir. 
 
Q. When were you asked that? A. Q. Or that they intended to convict 
 
Shortly after I got to Fort Pulaski/ 
 
you? A. No. sir. 
 
Q. What did you say in reply to that Q. Did you not get a letter from any 
 
question? A. Told 'em I knowed noth body telling you that their money would 
 
ing, sir. 
 
save them and you had better save your 
 
Q. Did anybody adopt any course of self? A. No, sir; I have received no 
 
punishment to compel you to answer? A. letters from any one except my mother 
 
No, sir. 
 
since I left Columbus, with the exception 
 
Q. What did they do? What treat that the officers were taking my letters and 
 
ment did they subject you to? A. I was brought them to me; of course, I could 
 
confined in a cell, received Government not get out to get them myself; they had 
 
rations, and found as well as a prisoner to handle them. 
 
 53 
 
MILITARY OUTRAGE IN GEORGIA'. 
 
Q. Did you. make any affidavit before j come out and tell what I knew, and 
 
any person in Savannah Fort Pulaski ?, some conversation raised Whitley, Captain 
 
A. Xo. sir. 
 
i Reid. and others, and they stopped me, 
 
Q. Make any here? A. Yes. sir. 
 
j and I then turned off and went back to 
 
Q. Before whom did you make it? A. \ my cell, and didn't finish the conversation; 
 
Major Whitley; I made it before him and j I started at it and they stopped me; after 
 
another gentleman: I forgot his name; it! that I didn't care to make a statement 
 
was here in the barracks. 
 
while I was in such a place as that. 
 
Q. What was the substance of that affi Q. When in Columbus, before your 
 
davit, as far as you know or recollect? A. arrest, when you knew that efforts were 
 
"What I spoke here concerning Dr. Kirksey. beinsr made to ferret out the murderers of 
 
Q. Did you. consider that affidavit bind- Ashburn, why did you not tell what Dr. 
 
in<r or not? A. I did. sir. 
 
Kirksey had said to you? A. I thought in 
 
Q. Did you ask anybody afterward if all probability, sir, I would be murdered 
 
an affidavit made before a Quartermaster in the same way that Ashburn was if I 
 
was binding? A. 'So. sir; I did not. ; told anything. 
 
, 
 
Q. And you did not reply that you : Q. Did you hear any conversation yester- 
 
were -all right." then? A. I spoke those day, in the prison here, between any of 
 
words, sir. there in the cell, I believe, with these prisoners and Betz ? A. No, sir, I 
 
Mr. Roper, and spoke to Mr. Barber after didn't. Couldn't distinguish a word their 
 
I had been speaking to 3Ir. Roper some voice is all I could hear, 
 
time: I didn't speak to him except merely Q. About the time of Ashburn's mur- 
 
tcTpass away the time lonesome hours ; I der. was there much excitement about an 
 
says to Jim Barber, says I. " Do you ' organization commonly called the " Ku- 
 
know anything about law." and he said, klux Klan," in and about Columbus? A. 
 
'' No ; " I didn't tell him that I had made Well, sir, there was a good deal of marks 
 
an affidavit before anybody* I merely' on my fence, and 
 
asked him if a man was to make an affi- - Q. (Interrupting). I don't want par- 
 
davit without going before a court of jus- ' tieulars I only waut to know generally, 
 
tice. or something of that kind; I don't whether there was much excitement and 
 
remember now the exact words: I asked alarm about it? A. I suppose there was, 
 
him if it was binding; I believe "no"; sir. 
 
was his answer; I didn't have any more to! Q. Did the fear of that organization, if 
 
say. and didn't pay any attention scarcely to ' any such existed, operate upon you at all ? 
 
to it. because what I say is not what I A. No, sir. I supposed those " K's " and 
 
swear to. 
 
I " D rs " they put on my fence, some one put 
 
Q. Did you not distinctly say to Mr.; there to plague me. Bat I heard some 
 
Barber. " Then I am all right" ? A. No,' others, speak, and it seems there was a good 
 
sir: I told him no such words. 
 
i deal of excitement. 
 
Q. NOT nothing to that effect? A. Xo.sir.! Q. Do you know whether there was 
 
Q. Did anybody that you know of. or, alarm among those who were kno%vn not to 
 
can name, ever see you in conversation to j be connected with the Democratic party, 
 
Dr. Kirksey. or hear you speak to him. or! for fear of this organization? A. You 
 
he to you. in your life, before your first mean the Radical party ? 
 
arrest? A. No, sir; Dr. Kirksey is a rich Q. Yes. A. Yes, sir. 
 
man. sir. and I am a poor man: you don't j Q. Do you know whether about that 
 
suppose he will speak to such " small I time there were apprehensions of assassina- 
 
potatoes" unless lie intends to get 'em! tion among men of the Radical party ? A. 
 
into trouble, or something of that kind ? I dida't hear any such thing as that, sir. 
 
that is about the amount of it. 
 
Re-cross-Examined--Questions ty Defense. 
 
Se-examined-- Questions by vacate. 
 
Judge 
 
Ad- Q. You say K. K." was marked on your fence ? What do you mean by that ? 
 
Q. When you were asked at Fort Pu-! Have you got a fence? A. I have, sir; I 
 
laski to tell what you knew about this ' have a piece of ground, with a plank nailed 
 
affair, why did you not tell what you have on it, and a shanty or two. 
 
testified here in regard to Dr. Kirksey?! Q. Do you "live on that? A. I live in 
 
A. The reason I didn't tell? I started to the house, sir, on that piece of ground. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
59 
 
The lot my mother bought from Major Q. Point him out? A. There he sits 
 
3Ioses, L believe, in 1859. 
 
over there (pointing to Mr. Wiggius, one 
 
Q. Does your mother live there? A. of the accused, who, at the request of the 
 
Yes, sir; did when I left. 
 
Judge Advocate, rises to his feet). 
 
Q. Is it your lot or your mother's ? Q. Is that the man? A. Yes, sir. 
 
A. I should consider it mine, sir or part Q. Do you see Mr. Wood present? A. 
 
of it some of the improvements are mine. Yes, sir. 
 
It is hers though, as it stands, 'cause I Q. Point him out? A. There he sits 
 
don't want any of it. 
 
over there (witness points to Mr. Wood, 
 
Q. Does your mother's husband live one of the accused, who, at the request 
 
there ? A. No, sir, lie's dead. 
 
of the Judge Advocate, rises to his feet). 
 
Q. Who keeps house with her? A. Q. Is that Mr. Wood? A. Yes, sir. 
 
A colored girl, a cook, keeps the back Q. What time of the night did you see 
 
room. 
 
them at Norah Winters' ? A. The clock 
 
Q. Does John Wells, a colored man, was not running when I saw them. 
 
live with your mother ? A. No sir. He Q. Was it before or after supper? A. 
 
did, until I was ready to shoot his brains j It was after supper. 
 
out, then he left. I don't think, sir, that Q. About how long do y ou think it 
 
any such conversation should be used here, was after supper? A. I don 't know ex 
 
and I ain't agoin' to answer any more actly how long it was; we didn 't have any 
 
questions like that. 
 
time in the house. 
 
Q. Was John Wells arrested with you ? Q. Did anybody there have any masks, 
 
A. No, sir he was put in the same room or masquerade suits that night ? A. Mr. 
 
that I was. He was arrested first. He Wiggins had some masquerade suit. 
 
lives down two or three blocks from where Q. How many suits? A. There was 
 
I do. I don't know what time of the day only one suit. 
 
he was arrested. 
 
Q. Where did he say he got it? A. The 
 
Q. Was he taken to Savannah with suit was got from Mollie Jones'. 
 
you ? A. Yes, sir, in the same ear. 
 
Q. What did he say he was going to do 
 
Q. Was he not known to be a Demo with it? A. He didn't say what he was 
 
cratic colored man ? A. I heard him say going to do with it; he brought them there. 
 
he was a Democrat, and others called him Q. If he said anything about a party 
 
a Democrat. 
 
going out masked that night, state what he 
 
Q. Are you a Democrat, yourself? A. said? A. He said there was thirty of 
 
No, sir. I voted a Democratic ticket, but I them>ULL going iZ,\JI.UL^ out disguised. 
 
was a fool for it. 
 
Q. "Whom did 'he say it to? A. To 
 
Q. Were you not known to be a Demo Aunt Norah. 
 
crat at that time in Columbus ? A. No, Q. Norah who? A. Aunt Norah Win 
 
sir, I wasn't. 
 
ters. 
 
Questions Ly tTie Prosecution. 
 
Q. How long did Mr. Wood and Mr. Wiggins stay there? A. There was no 
 
SALLY BEDELL, a witness for the pros time-piece in the house. 
 
ecution, was next called, who, having been Q. Where did they say they were going 
 
duly sworn, was interrogated as follows: when they left? A. WJhen they first left 
 
Q. What is your name? A. Sally. the house they were going down to Tem 
 
Q. Sally what? A. Sally Bedell. 
 
perance Hall, where the speaking was, out 
 
Q. Where do you live? A. In Colum there that night. 
 
bus. 
 
Q. Did they come back after they went 
 
Q. In what State is Columbus? A. In to the speaking? A. Yes, sir. 
 
Georgia. 
 
Q. Both of them? A. Mr. Wiggins 
 
Q. Where were you on the night of the came back. Mr. Wood didn't. 
 
30th of March the night that Mr. Ash- Q. What did Mr. Wiggins do after he 
 
burn was killed? A. At Norah Winters. came back? A. Went to bed. 
 
Q. Whom did you see there that night? ! Q. About what time did he go to bed, 
 
A. I saw Mr. Wiggins and Mr. Wood. j do you think ? A. It was after the speak- 
 
Q. Is Mr. Wiggins, the gentleman whom > ing was out in the hal I; I don't know what 
 
you saw there that night, here present? A. \ time it was. 
 
Yes, sir. 
 
j Q. Where was the mask suit when he 
 
 60 
 
MILITARY OUTRAGE IN GEORGIA. 
 
went to bed? A. It was laying in the Q. What was the condition of the mask 
 
chest in the room. 
 
when it lay on the floor? A. It was broke up. 
 
Q. In what room? A. In Aunt Xo- Q. What sort of mask was it? A. The 
 
rah's room. 
 
upper part was pasteboard and the rest 
 
Q. In what room did he go to bed? A. was black silk. 
 
Went to bed in Aunt Xorah's room. 
 
Q. Anything like fringe about it? A. 
 
Q. Did you see 'him any more that Xo, sir; it was plain black silk. 
 
night? A. After he went to bed? 
 
Q, You say it was broke up; what did 
 
^Q. Yes. A. Yes: I saw him after he you do with it? A. I threw it in the fire, sir. 
 
went to bed. 
 
Q. Where did you sleep that night? 
 
Q. About what time in the night? A. A. I slept in Aunt Xorah's room, on the 
 
I don't know, sir, what time it was. 
 
|couch. 
 
Q. Where was he. and what was he Q. Where were you when you saw Mr. 
 
doing? A. He wasn't doing anything till I Wiggins come in, after he had been out? 
 
he went to bed. 
 
II mean the time you saw him coming up 
 
Q. Was he in the room or out doors the stairs. A. I was in the room, sitting 
 
when you saw him? A. He was in the down on the foot of the couch. 
 
room when I saw him. 
 
Q. What time of night was that? A. 
 
Q. Was he in bed or out of it? A. In I don't know what time it was; it was 
 
bed. . 
 
after that meeting was out at the ball; we 
 
Q. Where did you nest see him out didn't have any time-piece. 
 
doors or coming in from outdoors? A. I Q. I refer to the time when he came 
 
saw him eominsr iu from outdoors. 
 
back after he had gone to bed; what time 
 
Q. When was that? A. That was the was that? A. It was about day; I don't 
 
night Mr. Ashbura was killed. 
 
jknow exactly about four o'clock when 
 
"Q. What time in the night? A. I I he came in. 
 
don't know, the clock wasn't running that i Q. Do you know how long after he first 
 
night: I don't know what time it was. went to bed before he got up and went 
 
Q. Was it after he had gone to bed? out? A. Xo, sir; I don't know how long 
 
A. Yes. sir. 
 
it was, but he didn't stay in bed very long. 
 
Q. Which way did he seem to be coming Q, State whether he went to bed again 
 
from? A. I could not tell which way he | after he came in at four o'clock. A. Yes, 
 
come: he had to come up stairs. 
 
I sir, he went to bed again. 
 
Q. Was Xorah's room up stairs. A. I Q. Whea Xorah Winters said she 
 
Yes. sir. 
 
would make you and little Xorah swear 
 
Q. Was he below stairs or above stairs that he was there that night in bed with 
 
when you saw him come in? A. He was ! her, what did you say? A. I told her I 
 
up stairs. 
 
could swear that he was there for such a 
 
Q. How far was he from Xorah's room? time, but no longer. 
 
A. Just come right up the steps and Q. Whea Xorah spoke about having 
 
walked across the passage into Auut \ you to swear, did she say anything about 
 
Xorah's room. 
 
his being killed, and what did she say? 
 
Q. If you heard anything said by him A. That was the time she said that before 
 
to Xorah about her swearing that he was she would see him killed she would make 
 
there in bed that night after Ashburn was | me and little Xorah swear that he was in 
 
killed, state it. A. Xo. sir; Aunt Xorah ' bed with her. 
 
didn't say it to Mr. Wiggins; she said it ! Q. Whom do you mean by him when 
 
to me and little Xorah. 
 
: you say " him killed?" A. Mr. Wiggins 
 
Q. What did she say? A. She said if she meant. 
 
they would take him up she would say that \ Q. What is your age? A. I don't 
 
he was in the bed with her. and make me know how old I am. 
 
and little Xorah say the same. 
 
Q. You are a grown woman, are you? 
 
Q. You say that the masquerade suit A. Yes. sir, I am. 
 
lay on the chest in Xorah's room when you went to bed: where was it the nest morn , 
 
Cross-examined 'by Defense. 
 
ing when you got up? A. It was on the \ Q. Were these questions ever put to you 
 
bed the clothes was: the mask was lying : before? A. Xot in Court they have not 
 
on the floor. 
 
i been. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
61 
 
Q. Have they ever been put to you out 
 
Questions Inj Cowrt. 
 
of Court? A. Yes, sir. Q. How often? A. Four five times. Q. By whom? A. Mr. Bostoek and 
that gentleman sitting over there. Q. What is his name? A. I don't 
know what his name is. (Witness points to Major Whitley.) 
Q. Do you mean the magistrate in Co lumbus, Mr. Bostoek? A. Yes, sir. 
 
Q. Did Mr. Wiggins have a masquerade suit on when he went or returned? A. No, sir; he didn't have it on when he went out or returned. 
Q. Did he take it with him? A. He took it out of the room with him; I don't know whether he carried it down stairs or not. 
 
Q. Did Norah Winters keep a boardinghouse? A. Yes, sir. 
 
Questions by Prosecution. 
 
Q. What sort of a masquerade suit do ABAHAM JOHNSON, a witness for the 
 
you speak of; can you describe it? A. prosecution, was then called, and having 
 
They were calico pants and worsted coat. been duly sworn, was interrogated as fol 
 
Q. Were not several of them there? lows: 
 
A. There were two or three suits in the Q. What is your name? A. Abraham 
 
house, but there was not but one of them Johnson. 
 
taken out of the house that night after I Q. Where do you live? A. In Colum 
 
went to bed. 
 
bus. 
 
Q. Do you know that there was any Q. State whether you were at Mr. 
 
one of them taken out that night? A. Chafin's store, in Columbus, Ga.. on the 
 
There was one of them taken; it was taken Thursday after Mr. Ashburn was killed. 
 
out of the room; whether it was carried A. Yes, sir. 
 
out of the house I don't know. 
 
Q. Look at those gentlemen and state 
 
Q. You state that Mr. Wiggins brought whether you saw any of them there, and if 
 
one of these suits in? A. Yes, sir. 
 
so, state whom. A. I saw one of them. 
 
Q. That was before he went to bed? Q. Point him out and name him. A. 
 
A. Yes, sir. 
 
(Witness pointing to Dr. Kirksey, one of 
 
Q. What did he say when he threw it the accused.) Dr. Kirksey. (Witness 
 
on the beTi? A. He didn't say anything also pointing to Mr. Bedell, one of the 
 
when he threw his suit on the bed. 
 
accused.) Mr. Biddell. 
 
Q. Did he then, or any time when you Q. Bedell, as they usually call him? 
 
were there, tell Norah that there was the A. Yes, sir, Mr. Bedell. 
 
suit that Emma Hines sent back that she Q. Look along the whole line and see 
 
had borrowed? A. Yes, sir. 
 
if you see any other one there. A. I see 
 
Q. Is that suit there yet? A. I don't Mr. Chipley. 
 
know whether it is there or not. 
 
Q. Any other? A. No, sir. 
 
Q. Was it there as long as your stay? Q. If you heard them say anything 
 
A. Yes, sir. 
 
about Mr. Bennett, state what they said, 
 
Q. Was Mr. Wiggins a police officer? A. I was staying at the widow McClary's 
 
A. Yes, sir, he was a police officer. 
 
boarding-house, and I was going down the 
 
Q. What time did you go to bed? A. street and stopped at Mr. Chafin's store, 
 
I went to bed before the speaking and Mr. Hamp Stewart asked me in and I 
 
was out at the hall, but did not go to. went in; and Mr. Hamp Stewart asked me 
 
sleep. 
 
where I staid, and I told him at Mrs. 
 
Q. How did Mr. Wood happen to go Clary's boarding-house, and Dr. Kirksey 
 
up into the room with Mr. Wiggins? A. asked me was that where Mr. Bostoek 
 
Aunt Norah asked him up stairs-to take a boards; I told him yes, sir, that was where 
 
drink. 
 
Mr. Bostoek boarded; and Mr. Bedell 
 
Q. That was about what time? A. asked me if I heard Mr. Bostoek say he 
 
That was before the speaking was out at was going to arrest anybody about Mr. 
 
the hall; it was the soon part of the Ashburn again ; I told him no, sir, I didn't 
 
night. 
 
know whether he was or no. 
 
Q. Was there anybody else present? Q. Go on and state what else was said. 
 
A. Caslin. 
 
A. Dr. Kirksey told me to find out whether 
 
Q. Was not little Norah? A. Little he was going to arrest any one or no, and 
 
Norah was down at the door too. 
 
I told him yes, sir, I would; then he said 
 
 62 
 
MILITARY OUTRAGE IX GEORGIA. 
 
find out whether he was going to arrest Q. I didn't ask you that, I asked you 
 
any one or no and let him know, and I if anybody had said anything to you about 
 
told him yes. sir. I would: and Dr. Kirk- being a witness In this case? A. No, sir; 
 
sey asked me where was Mr. Bennett the nobody has said anything to me about it 
 
Bight Mr. Ashburn was killed ; I told him but Mr. Bostoek. 
 
Mr. Bennett said he was behind the mid Q. Has anybody threatened you if you 
 
dle door, and he said if he had known that swore in the case? A. Yes, sir. 
 
Mr. Bennett would have been behind the Q. Who? A. Mr. Moses young law 
 
door, first he said the Ku-k!uxes and then yer Moses. 
 
he said the Ku-kluxes would have fixed Q. What did Mr. Moses say? A. Damn 
 
him like we fixed Mr. Ashburn. 
 
j Bostoek, if he wants you to go up yonder 
 
Q. Did he say anything more? A. He told as witness, don't you witness to nothing; he 
 
me to see if Gen. Meade was coming down ' said if you do. these men will shoot you 
 
in Mr. Ashburn's place or no. and said if when yon come back, and if they don't do 
 
he do to find out and let him know; first it I will do it myself. 
 
he said the Ku-kluses. and then he said Q. What Mr. Moses is that? A. Young 
 
the Ku-kiuxes would fix him like we fixed lawyer Moses; I don't know what his name 
 
Mr. Ashburn. 
 
is. 
 
Q. Did anybody try to stop him? A. Q. Do you know who his father is? A. 
 
Dr. Kirksey touched him and tried to stop Yes. sir, I know his father. 
 
him froia talking, when lie said that, and Q. State whether his father is a lawyer? 
 
he said never mind Abram: he was in the A. Yes, sir, his father is a lawyer. 
 
war with me. 
 
Q. Do you know whether he and his 
 
Q. Who was it touched Mr. Bedell and father are partners in the same law oifiee? 
 
said that? A. Dr. Kirksey. 
 
A. Yes. sir. 
 
Q. Who was it replied, never mind Q. Do you know what his father's given 
 
Abram. he has been in the war with me? name is? A. No. sir. 
 
A. Hamp Stewart. 
 
Q. Are there any lawyers in Colum 
 
Q. Repeat Mr. Hamp Stewart's lan bus named Moses, but these two that you 
 
guage as near as you can? A. Mr. Hamp know? A. None1 that I know of. 
 
Stewart didn't have anything to say. only 
 
asked me where I staid. 
 
Cross-examined--Questions ~by Defense. 
 
Q. That sentence about the war? A. Q. Whose store do you say this conver 
 
He said; never mind Abram. he is a good sation between Kirksey, Bedell, and Hamp 
 
boy. he was in the war with me: I took Stewart was at? A. Mr. Chafin's. 
 
care of him. 
 
Q. Whereabouts is that store? A. It 
 
Q. YvTio Twas it first made the remark is on Broad street. 
 
ahout the Ku-kluxes? A. Dr. Kirksey. Q. What time of the day did this con 
 
Q. Who touched one of the crowd to versation occur? A. It was an hour by 
 
stop him while they were talking? A. sun. I think. 
 
Dr. Kirksey. 
 
Q. What part of the street is that store 
 
Q. Q. 
 
Whom did he touch? A. Mr. Bedell. When Dr. Kirksey touched Mr. Be 
 
on? A. down. 
 
It is on the ris^ht-hand side ssolaso: 
 
dell what was Mr. Bedell saying? A. He Q. Who stays in that store? A. 'Mr. 
 
was saying, find oat whether Gen. Meade Chafin and Mr. Redd. 
 
was going down or no, and let him know. Q. Does Mr. Taliaferr stay in that store? 
 
Q. Who has said anything to you about A. I do not know, sir, whether Mr. Tal 
 
coming here to testify? A. Mrs. Williams. iaferr stays there. 
 
Q. "What did she say? A. Mr. Bostock Q. Mr. Eedd stay in that store? A. I 
 
called me to go down there one night to don't know, but I have seen him there; I 
 
his office, and I went: I was staying at don't know whether he clerks for Mr. Chafin 
 
Mrs. Williams' then: I told her. Mr. Bos or no. 
 
tock wanted to find out whether I knew' Q. Who were present when this conver 
 
anvthinjr about the Ku-klux or no. and I sation took place? A. There were there 
 
told her I didn't know anything about but Dr. Kirksey, Mr. Chipley, Bedell, 
 
them at all: and she said if you do. and' Chafin, and Mr. Hamp. Stewart; I don't 
 
find it out. these men will blow your head know whether they heard me talking to 
 
off and shoot you. jnst so. 
 
him or no, but they were in the store. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
63 
 
Q. Was Mr. Redd there? A. Yes, sir; Q. Were these questions asked to-day 
 
he was in the back part of the store writing. ever read over to you before? A. Yes, 
 
Q. Have you ever been sworn in this sir; once. 
 
case before? A. Yes, sir. 
 
Q. By whom? who read them to you? 
 
Q. Did you swear to this statement that A. Mr. Bostock. 
 
Bostock said to you, that they would give Q. Mr. Bostoek read them to you? A. 
 
you one hundred dollars if you would Yes, sir. 
 
swear what Barber and George Betz said Q. Did young Mr. Ashburn offer you 
 
to Henry Kimbro? A. Yes, sir. 
 
the one hundred and fifty dollars if you 
 
Q. Did you take the money? A. No, would swear against Barber and Bete? A. 
 
sir. 
 
No, sir. 
 
Q. What reply did you swear you made Q. Didn't you tell Mrs. Williams that 
 
to Mr. Bostock when he made that offer to young Mr. Ashburn had offered you one 
 
you? what did you tell Bostock? A. hundred and fifty dollars? A. No, sir. 
 
[Witness hesitates.] 
 
Q. Didn't you tell Mrs. Williams that 
 
Q. Did you tell him this: that George young Mr. Ashburn had offered you one 
 
Ashburn, the young man, son of Ashburn, hundred and fifty dollars if you would 
 
would give you one hundred and fifty dol swear against Barber and Betz? A. No, 
 
lars if you would swear to having heard sir. 
 
what Barber and George Betz said to! Q. Or any of the others? A. No, sir; 
 
Henry Kimbro. A. No, sir. 
 
she didn't ask me if I would swear to it. 
 
Q. You didn't make that reply to Mr. Q. I ask you if you didn't tell Mrs. 
 
Bostock, then? A. No, sir. 
 
Marie Anne Williams that young George 
 
Q. What did you say to him? A. I Ashburn had offered you one hundred and 
 
disremember what I said to him then. 
 
fifty dollars if you would swear against 
 
Q. Did he offer the one hundred and any of these parties? A. He didn't offer 
 
fifty dollars? A. No, sir; he told me he it to me; he told me that I would get that- 
 
would give one hundred. 
 
much, and I told him I didn't care any 
 
Q. Did you expect to get it? A. I thing about the money; I believed in the 
 
told him I didn't care anything about any right thins;, and he said, That's all right. 
 
money; I just believed in the right thing; Q. Did" you tell Mrs. Williams that? 
 
I told him that if he was a mind to give it A. I told her so, but I didn't swear it. 
 
to me he could do it. 
 
Q. Did young George Ashburn say that 
 
Q. Rather expect he will give it to you, you would get one hundred and fifty dol 
 
don't, you? rather looking that way? A. lars if you would swear against any of 
 
No. sir. 
 
these parties? A. He didn't ask me if I 
 
Q. How long have you been here? %A. would swear to it. but stated to me that I 
 
Been up here since Tuesday evening. 
 
would get it. 
 
Q. Who sent/ you here ? A. Captain Q. He told you that you would get 
 
Mills. 
 
one hundred and fifty dollars if you would 
 
Q. Who sent you to Captain Mills? A. swear that way? A. Yes, sir. 
 
As I was passing by he called me and told j me not to get out of the way; he wanted ! 
 
He-direct Examination. 
 
me to go to Atlanta; that was Monday! Q. Do you intend to say that the same 
 
evening. 
 
I questions I have asked you here to-day 
 
Q. Who was it told Captain Mills about were asked you by Mr. Bostoek in Colum 
 
your testimony ? Mr. Bostock? A. Yes, bus? A. Yes, sir; I can say they are. 
 
sir. 
 
Q. Have I not asked you some ques 
 
Q. Was Mr. Bostock the Justice of the tions that he didn't ask you? A. No, sir. 
 
Peace, the magistrate that had these ge% Q. Have I not asked some questions 
 
tleman arrested first? A. Mr. Bostock here that Mr. Bostock didn't ask you. A. 
 
first told Captain Mills, and had me to go j Yes, sir. 
 
down and repeat the same words to Capt. Q. Did Mr. Moses get you to swear 
 
Mills and to Major Snrythe. 
 
anything before him? A. No, sir, he 
 
Q. Was this Mr. Bostoek the man that didn't get rae to swear anything before 
 
issued the warrant against these parties at him. 
 
the first arrest? A. Yes, sir; they say he Q. Didn't he draw up a paper and get 
 
was. 
 
you to swear to it before him? A. No, 
 
 MILITARY OUTRAGE Ef GEORGIA. 
 
sir. lie just drawed up a paper of what I said to me was I a Democrat; I said, yes, 
 
told you. 
 
sir; he said you re posted on the dots; I 
 
Q. Did lie read it to you? A. Tes, said no, sir, and he asked me if I had been 
 
sir. 
 
to the elub; I said no, sir; he says why 
 
Q. Can you read? A. No, sir. 
 
don't you go; because I don't .feel like it, 
 
>. Do you know whether he read it says I; why don't you to-night; I says I 
 
right when he read it to you? A. No. sir, don't much care about it; says he, when 
 
I^don't. whether he did or not. 
 
you go up to town to Captain Ramsey, he 
 
Q. Did you understand that you was will post you on the dots; I then put whip 
 
swearing to that paper before him? A. to my horse to get shed of him; got tired 
 
No: sir. 
 
of the conversation; he said, just then, we 
 
Q. Did he offer you anything if you Ku-kluxes, what they say they will do, in 
 
would make the statement before him? A. spite of men and hell; and then he said 
 
Tes. sir. 
 
we hung seventy-five the other day in 
 
Q. What did he offer you? A. His Tennessee; says I, is it possible; about 
 
father save me two dollars, a two dollar this time we were near home, and says he, 
 
bill. 
 
be certain to go up to Captain Ramsey; 
 
Q. What did he give it to you for? A. and I whips up the horse and lets him out; 
 
For telling him what he sat down on that he says again, go up yonder; and I says, 
 
paper: Mrs. Williams sent me to him. yes, sir. Well, that is all. 
 
Q. Did he tell you you was swearing to Q. If anything was said about what the 
 
it at the time? A. No, sir. 
 
Ku-kluxes were going up there for, state 
 
Questions "by Prosecution. 
 
it. A. Tes, that I forgot; says he, Mr. Ashburn will be a dead man shorter than 
 
BURRILL DAYTS, witness for the prose any of you have knowledge of; and I said 
 
cution, was next called into court, and hav is it possible; that was before some words 
 
ing taken the stand, was duly sworn, and I said. 
 
interrogated as follows: 
 
Q. State all he said in connection with 
 
Q. VVhat is your name? A. Burrill the Ku-kluxes and Mr. Ashburn. A. 
 
Davis. 
 
Well, he said in the latter clause of his 
 
Q. Where do you live? A. In Colum conversation, after he said they had hung 
 
bus. Gra. 
 
seventy-five men in Tennessee, he said 
 
Q. What is your age? A. About 68 Ashburn will be dead shorter than any of 
 
years, sir; not quite. 
 
you have any knowledge of; he talked 
 
Q. How long hare you resided in Co about some trifling thing; being a drunken 
 
lumbus? A. About twenty-four years. man, I did not pay any attention to it. 
 
Q. Where were you on the thirtieth of Q. What time of the day was this? A. 
 
March last, on the day before Mr. Ashburn It was in the neighborhood of sunset. 
 
was killed? A. In the city of Columbus, Q. What day? J..-Monday. 
 
sir. 
 
Q. How long afterward before you heard 
 
Q. Did you have any talk that day with Mr. Ashburn had been killed? A. Next 
 
Mr. James W. Barber? A. No, sir. 
 
morning, between daybreak and sun-up. 
 
Q. Did you see him that day? A. Tes, sir. 
 
Cross-examined. 
 
Q. Did you drive anybody in a, buggy Q. I understand you to say that you 
 
that day? A. In a express wagon, I did, j told Mr. Barber that you were a Demo 
 
sir. 
 
crat? A. Tes, sir; I told him so. 
 
Q. Whom? A. Mr. James Barber. 
 
Q. Did you tell him the truth? A. 
 
Q. Anybody in with him? A. No, sir. No, sir. 
 
Q. Did you hear him talk any. A. Q. Did Mr. Barber know you very well 
 
Tes, sir. 
 
when he was sober? A. Knowed him 
 
Q. State what he said. A. I was very well ever since he was a child. 
 
standing in the livery stable down on Q. Didn't he know perfectly well that 
 
Broad street, with my wagon wheels you were not a Democrat, but a Republi 
 
just off the pavement; Mr. James Barber I can ? A. No. sir; I don't know as he did. 
 
came up: had a new pair of shoes in his! Q. Was not your position in polities 
 
hand; threw them in. and jumps upon the j very well known throughout the town? A. 
 
wagon; about half drunk, I suppose; he i I don't know as it was at that time. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
65 
 
Q. . Was Mr. Barber a very aetive poli The Judge Advocate then stated that 
 
tician? A. No, sir, I think not. 
 
the prosecution was here closed. 
 
Q- Were you not very active in party Counsel for defense asked permission of 
 
polities? A. No, sir, but most determined the Court to retire for a few moments for 
 
in principle. 
 
the purpose of consulting their witnesses. 
 
Q. Was not Mr. Barber very drunk that Permission was granted, and the Court then 
 
evening? A. Well, sir, as well as you can took a recess of ten minutes, at the ex 
 
judge a drunken man, I supposed him to piration of which time the Court was again 
 
be about half drunk. 
 
called to order. 
 
Q. When do you consider a man half 
 
drunk what is your idea? A. When a man is half drunk? when a man is full 
 
Questions by Defense. 
 
drunk, he forgets everything he does or says. MARTIN M. BECK, a witness on behalf 
 
Q. When a man is half drunk does he of the defense, having been duly sworn, 
 
not forget half of everything he says and testified as follows: 
 
does? A. No, sir, I never said that. 
 
Q. What is your name and age? A. 
 
Re-examined--Questions 
 
by 
 
Prosecution. 
 
My age is forty-five; my name. 
 
Martin M. 
 
Beck is 
 
Q. State whether Mr. Barber was or Q. What is your occupation? A. Mer 
 
was not in a condition at that time to know chandise. 
 
what he was doing? A. .To my judgment Q. Where do you reside? A. In Co 
 
I think he knowed what he was doing. lumbus, Georgia. 
 
Q. Did you take him to his house? A. Q. Are you acquainted with Mr. Duke, 
 
Yes, sir. 
 
who is under arraignment here? A. Yes, 
 
Q. What time did* you say you got to sir. 
 
his house? A. In the neighborhood of Q. This is the gentleman here, is it? 
 
sunset, sir. 
 
A. Yes, sir. (Witness points to one of the 
 
Q. Did you haveto help him out of the accused.) 
 
wagon? A. No, sir. 
 
Q. Did he board with you at any time 
 
Q. Did anybody? A. No, sir. 
 
this year? A. Yes, sir; he boarded with 
 
The court then adjourned, in considera me in March and April, up to the 26th or 
 
tion of to-morrow being the 4th of July, 27th of April; I disremember what day it 
 
until Monday, the 6th instant, at 10 o'clock. was. 
 
Q. Did he leave your house at any time 
 
during March? A. Yes, sir. 
 
N BARRACKS, ATLANTA, GA., "> Q. What time? A. It was the 26th 10 o'clock A. M., July 6, 1868. / or 27th, I believe. 
 
The Commission met pursuant to ad Q. Who left with him? A. Joe Ab. 
 
journment. 
 
Abner. 
 
Present, same members as yesterday, Q. How did they leave? A. They left 
 
the Judge Advocate, the prisoners on trial, in a buggy. 
 
and their counsel. 
 
Q. Where for? A. To go to Merri- 
 
Abraham Johnson, a witness on behalf wether county, where he lives; that was 
 
of the prosecution, whose testimony was his home. 
 
taken yesterday, on having it read to him Q. When did you see him again? A. 
 
by the Judge Advocate, in the presence of He came back to my house on the first 
 
the Court and of the accused, requested day of May the first time I saw him after 
 
permission to make the following correction: that. 
 
" The man spoken of as Henry Kimbro, Q. Did you see him from the 26th or 
 
we call him Gainwell." 
 
27th of March until the 1st day of May? 
 
Permission was granted. 
 
A. I didn't see him. 
 
R. J. Moses, Esq., of counsel for de Q. Did he not settle up his board when 
 
fense, was introduced and took his seat. he left in March? A. Yes, sir. 
 
The accused requested permission to in The Judge Advocate did not desire to 
 
troduce Wm. W. Garrard, Esq., as additional cross-examine this witness. 
 
counsel for defense. Permission having The witness' testimony having been 
 
been granted, he was accordingly intro read to. him in the presence of the Court 
 
duced and took his seat. 
 
and of the accused, he asked'permission. 
 
 66 
 
MTT.TTATtY OTTTEAQE IN GEORGIA. 
 
which was granted, to make the following and the Judge Advocate announced that 
 
correction, viz: 
 
the Court sustained the objection of the 
 
Where, on lines nine and ten of the Judge Advocate, and the matter referred 
 
third page of this day's record, the words to would therefore be stricken from the 
 
March and April occur, he wishes to insert evidence. 
 
instead "February and March." so that his 
 
answer may read: 
 
Questions by Defense. 
 
"Yes. sir; he boarded with me in Feb HENBT WELSH, a witness for the de ruary and March, up to the 26th or 27th of fense, being duly sworn, testified as follows: March: I disremember which day it was." Q. What's your full name? A. Henry 
 
Questions by Defense by permission of the Welsh. 
 
Court. 
 
Q. What is your age? A. Twenty- 
 
Q. Is Joe Yes. sir. 
Q. "Where I suppose in was off in the 
 
Abner a white man? A. 
is this Mr. Abner now? A. Columbus at this time; he country when I left; helivesj 
 
eight years old. Q. What's your occupation? A. Car 
penter by trade, before I lost my arm. Q, Where do you live? A. Muscogee 
cougnty-,jG^eorg~mia. aequainted wMl William 
 
in the suburbs of Columbus, not in the city, j,^ fho % amig^ed on this 
 
Questions by the Court. 
 
I am. sir. 
 
Q. How do you remember that it was on the 27th Malreh Duke left your house? i 
A. It was by some business that was trans-l acted them daJys; that is mJy recollection of 
 
sir 
 
# Do you see him here? A. Yes, sir. 
 
-yU- P 
 
A. Yes, sir. 
 
Which is he? A. That gentleman, 
 
(pointing to one of the accused). 
 
Q.- Do you reside in the county or in 
 
Q. You are sure that it was not later the town of Columbus? A. I reside in the 
 
than the 27th March. 1868. left your house? A. Yes, sir. 
 
that 
 
Duke 
 
Q. Did you see Mr. Duke at any time during the latter part of March, this year? 
 
Questions by Defense by permission of the A. I did, sir. 
 
Court. 
 
Q. State when, where, and who was with 
 
Q. Do you know what day of the week him. A. I saw Mr. William Duke about it was when he left there? 'A. I think it toe 26tl1 or 27th- March; he was accom- 
 
wason Friday: that is my recollection j panied by Joseph Abner; he was about 
 
Thursday or Friday. 
 
one mile from the Court-house, on the 
 
Q. Are you certain that it was the Harris county road. 
 
Thursday or Friday before the death of Q. How were they traveling? A. In a 
 
Ashburn? A. I am. 
 
buggy. 
 
Q. Did you have, any conversation with 
 
Questions by the Court. 
 
them? A. I only remarked to the gentle 
 
Q. Are you certain that he left town men where they were going. 
 
when he left your house, and did not re- j Q- What was the reply? A. Mr. Duke 
 
turn at any time, night or day. until May ' answered he was going home. 
 
1st. A. Well, sir" I could notsayposi-i Q- You say 26th or 27th; what day of 
 
tively about that, for I don't know what the week was it? A. I think on Thursday 
 
a man does after he gets out of my sight;. ojr Friday. 
 
I never seen him. and I received a note Q- Are you certain it was before the 
 
from him that he was in Merriwether a death of Mr. Asbburn? A. I am certain. 
 
few days after he got there: and Mr. Abner, when he returned, told me he left him there. 
 
Gross-Examined by Judge Advocate. 
 
The Judge Advocate moved to strike Q. Are you aequainted with Mr. M. M. 
 
from the record that portion of the last Beck? A. I am. sir. 
 
answer which referred to Mr. Abner's Q. Have you had any conversation with 
 
statement to the witness, said statement not him in regard to the matter about which 
 
being evidence. 
 
. 
 
i you have been testifying? A. Yes, sir; 
 
The counsel for defense objected. 
 
j we talked it over a few days before we left 
 
The Commission was then retired, and; town, 
 
after due deliberation returned to Court, i Q. Have you not talked it over together 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
67 
 
this morning? A. No, sir; not 
 
that; I think, however, to the best of my 
 
we was only speaking about coming up knowledge, it was on 26th. 
 
here this morning; we didn't talk anything Q. Well, then, what makes you talk 
 
in regard to the evidence of the case. 
 
about 27th? A. Well, Sir, I would not 
 
Q. Did not you and he, this morning, be positive that it was on the 26th; I 
 
talk it over, and one or the other say thai know it was some trades I had in Colum 
 
it was the 26th or 27th March that Duke bus on the 26th and 27th; I was up right 
 
left town, or something to that effect? A. by the place where I saw Mr. Duke both 
 
Not as I recollect of. 
 
mornings 26th and 27th; I don't recollect 
 
Q. Were not these words the 26th or for certain which morning it was I met him. 
 
27th March mentioned by one of you to Q. Do you remember what day of the 
 
the other this very morning? A. These week it was? A. No. sir; either Thursday 
 
words has been mentioned; I don't recollect or Friday. 
 
whether me or Mr. Beck mentioned them. Q. Wasn't mentioned with same con 
 
Q. Mentioned this morning were they versation this morning the words " Thurs 
 
not? A. Yes, sir, but I don't think by day or Friday?" A. No, sir; I don't 
 
either one of us. 
 
think it was: if it was I don't recollect it. 
 
Q. Who were they mentioned by? A. Q. Have you been acquainted with Duke 
 
I do not recollect now, sir; there was a long while? A. Acquainted with Mr. 
 
several talking. 
 
Duke some three years. 
 
Q. Those several persons talking; were Q. Did you have any conversation with 
 
they not talking about these dates? A. him that morning? A. Nothing; only 
 
Tes, sir, I suppose they were: I was sitting just asked him which way he was going. 
 
by them and never paid no attention how Q. When did you first remember, after 
 
the conversation came up. 
 
you heard of Ashburn's death, that it was 
 
Q. State who these several persons the 26th or 27th of March that you had 
 
were. A. I believe they was Mr. Wood seen Duke traveling away from Columbus? 
 
ward, Mr. Norman, Mr. Duke the two A. I remembered it when I heard that 
 
Mr. Dukes and another gentleman, I Duke was arrested and brought to prison. 
 
don't recollect his name, sir; (witness Q. Did you remember it or was your 
 
pauses) it was Mr. Reese, sir. 
 
attention called to it by some one? A. 
 
Q. Where did this conversation take No, sir, my attention was not called to it. 
 
place? A. Eight out here, sir, on the Q. How long was it after you saw Duke 
 
piazza of this building. 
 
on the road until he was arrested? A. 
 
Q. What was said? A. I don't recol Two or three months; three months, I be 
 
lect of anything being said, any more than lieve, very nearly. 
 
some one mentioned about the date; he Q. What time in the morning was it 
 
came home on the 26th or 27th. 
 
when you met him? A. I think about six 
 
Q. Was Mr. Beck present at that con or seven o'clock in the morning. 
 
versation? A. I am not certain whether 
 
he was or not. 
 
Re-examined fy Defense. 
 
Q. Would you have remembered that it was the 26th or 27th March if you had not heard it? A: Tes, sir, I believe I should. 
Q. Do you know anything else that happened on the 26th March? A. Tes, sir. 
Q. Is there anything that happened on the 26th March that makes you remember what time it was when you met this man? A. Tes, sir. 
Q. What? A. Some private business 
 
Q. Does the Harris county road lead to Merriwether county? A. Tes, sir; Harris county lies between. 
Q. Columbus and Merriwether county? A. Tes, sir. 
Q. Jf he had started to Merriwether county he would have taken the road you seen him going out by, would he not? A. Tes, sir; there's no other road leading out to Merriwether county that I know of. 
 
with some gentlemen in Columbus. Q. It was on account of this private 
 
Questions by Defense. 
 
business, then, that you remember it? A. EMILY DTTKE, a witness for defense, hav 
 
Tes, sir. 
 
ing been duly sworn, testified as follows: 
 
Q. It was 26th March, was it?' A. Q. What is your Christian name, Mrs. 
 
Tes, sir; 26th or 27th, I am satisfied of Duke? A. Emily. 
 
 68 
 
MTT.TTAB.V OUTRAGE IN GEORGIA. 
 
Q. Where do you reside? A. Merri- [ with me the Friday before Crawford 
 
wether county. 
 
I court got there 1st day of May. 
 
Q. How long have you been living I Q. The time that he went with you and 
 
there? A. About last Christmas was a I came back with you? A. Yes, sir. 
 
year ago a little before Christmas. 
 
j Q. How far do you live in Merriwether 
 
Q. Where did you live before? A. \ county, from Columbus? A. F~orty miles. 
 
Lived in Jerrard. Q. Where is Jerrard? A. In Alabama; 
right across the river from Columbus. 
 
Cross-examincUion-- Questions Advocate. 
 
by 
 
Judge 
 
^Q. Is William Duke, the' person ar- Q. When did you first hear of the mur 
 
raigned. your son? A. Yes. sir. 
 
der of Gr. W. Ashburn? A. Heard it on 
 
Q. Where did he reside the early part! Wednesday, think, after it was done Mon- 
 
of this year? A. He resided with me, i day'A. where I live in Merriwether county, most Q. How long after that was it before 
 
of the time. 
 
you heard the name of your son mentioned 
 
Q. Was he sometimes in Columbus and in connection with that murder? A. I 
 
sometimes at home? A. Well, he went don't recollect; I didn't hear it at all, but 
 
with me to Columbus and we was gone just a little while before they came after 
 
there about a couple of weeks, a little more. him: a little before that I don't recollect 
 
I believe, but he came back with me when exactly: not mighty long though; it was 
 
I was coming home. 
 
two weeks last Wednesday when he was 
 
Q. Was he in Columbus in any part of taken. 
 
March of this year? A. Yes. sir. he came Q. Was he arrested at your house? A. 
 
home about the 26th of March. 
 
Yes; he was at the shop at work, but it 
 
Q. Who came with him? A. Mr. Ab was close to the house; I saw him when 
 
ner. 
 
he came. 
 
Q. How did they travel? A. In a Q. When he was arrested did you re 
 
buggy. 
 
member, as you state it now. where he was 
 
Q. Do you recollect the day of the the week before Ashbum's murder? A. 
 
week? A. I think it was Thursday, I Yes. sir; I knowed mighty well he was at 
 
won't be positive: some says Thursday and home. 
 
some Friday, but I think it was Thursday; Q. How did you come to remember so 
 
though it might have been Friday: I won't well the date of his arrival home? A. 
 
be sure, but it was one or the other. 
 
Well, I reckon what made me was. I knowed 
 
Q. What day did Mr. Abner return with the date Mr. Ashburn was killed, and I 
 
the buggy how long did he stay there?! knowed that he had come before that 
 
A. Well, he only stayed all night with us; knowed how long he had been home be 
 
he went to his brothers next day, about fore. 
 
Greenville; I think he went home Sunday; Q. Who went away with Mr. Abner 
 
that is what we heard anyway. 
 
next morning? A. Nobody at all. 
 
Q. State how long he was there after i Q. Where did your son sleep the night 
 
coming home? A. Well, he was there: he arrived home? A. Well, he slept in 
 
until the last of April; me and him went | the same room where he did all the time 
 
back to town, and got there the first day | where I do; him and Mr. Abner slept to- 
 
of May. 
 
j gether. 
 
Q. Where did he sleep when he was' Q. Is your room his usual place of 
 
at home? A. Slept in the same room where ' sleeping? A. Well, it is all in one room. 
 
I did. 
 
| Q. Is there but one room to your house? 
 
Q. Do you know that he was there Mon- j A. It is just one large room; we did have 
 
day and Monday night, after he came i a partition in it. but had it taken down. 
 
home? A. Yes. sir. he was there. 
 
j Q. Did any other persons sleep in that 
 
Q. The time you state that you and he ! room? A. Yes, sir, the balance of the 
 
went to Columbus together, when was that? 1 family. 
 
A. When was it? 
 
Q. Who constituted the balance of the 
 
Q. Yes. You stated that he went to Co- family? A. Well, a couple of daughters, 
 
lumbuswith you. and you stayed two weeks? ' a son and his wife, and son-in-law. 
 
A. That was the first of May: I went on ' Q. Were all these persons in the habit 
 
business to Crawford court and he went! of sleeping in the same room? A. Yes, 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
69 
 
sir; they didn't have anywhere else to Q. No conversation with any one about 
 
sleep; all homefolks; it didn't matter. the time your son arrived home? A. The 
 
Q. Was Mr. Abner " homefolks ?" A. witnesses? 
 
Well, he was not particular homefolks; he Q. Yes; the members of your own fam 
 
was an old acquaintance a neighbor an ily that are here now. A. No, sir; not as 
 
old gentleman. 
 
I recollect. 
 
Q. Who slept in the room the Monday Q. Have you not talked it over by your 
 
of which you have spoken? A. The Mon selves as to the time he got home" from 
 
day night of Mr. Ashburn's death? 
 
Columbus? A. Not to-day. 
 
Q. Yes. A. My brother slept in there Q. Haven't you before? A. Well, may 
 
slept with William. 
 
/ 
 
be I have some time before I expect may 
 
Q. Well, who else? A. I slept in there, be I did. 
 
and them that I told you awhile ago. 
 
Q. Did you remember these dates until 
 
Q. You slept there and your two they were told you by somebody else? A. 
 
daughters your married daughter and her Yes, sir. 
 
husband? A. Yes, sir. 
 
Q. How came you to remember so par 
 
Q. What is your brother's name? A. ticularly the two dates? A. Well, I 
 
Arington. 
 
knowed it was the last of the month, and 
 
Q. What was he doing there that night? I always know the day of the month. 
 
A. Well, he had come down the Sunday Q. Can you, two months after a thing 
 
before to see us; he lives in Carroll county, has happened, always remember when it 
 
and he just happened to be there. 
 
occurred the day it occurred? A. Well, 
 
Q. When did your brother leave? A. I reckon I recollect it because he come 
 
Left on the Thursday after he come, Sun home that day. 
 
day. 
 
Q. Where was your son in February. 
 
Q. How did he travel? A. He was 1868? A. He was at home, I reckon. 
 
walking. 
 
Q. What was he doing at home? A. 
 
Q. Didn't your son leave home from the He was working in the shop; a blacksmith 
 
time that he arrived before Ashburn's shop and a wagon shop. 
 
murder until you and he went up to Craw- Q. Was he at home every day and every 
 
ford court? A. No, sir. 
 
night in February? A. There is nowhere 
 
Q. Neither day nor night? A. Not to for them to go at night where we live; it 
 
be gone all night nor all day; he went ain't like living in town nowhere to go 
 
round there; close about; he had not been out. 
 
ne'er a day nor o'er a night. 
 
Q. He was at home every day and every 
 
Q. Do you know Mr.'Welsh? A. Yes, night of February, 1868? A. Yes, sir. 
 
sir. 
 
Q. Where was he in the early days of 
 
Q. Mr. Beck? A. Yes, sir. 
 
March, 1868? A. He was at home. 
 
Q. Have any conversation with either of Q. Was he at home in the middle of 
 
them this morning? A. No, sir. 
 
March? (Witness hesitates.) 
 
Q. Were you present where they or Judge Advocate. Answer the question, 
 
others were conversing? A. No, sir; I madam, if you please. 
 
ain't been with them, only coming out here; Witness. You have got me bothered 
 
I was not with Mr. Beck then; Mr. Welsh so that I don't know. 
 
come in the carriage that I did. 
 
Q. You recollect where he was on the 
 
Q. Haven't you heard some persons this 26th and 27th of March can't you recol 
 
morning talking about the 26th or 27th of lect where he was in the middle of March? 
 
March? A. No, sir. 
 
A. Yes, he was at home. 
 
Q. Did you hear Mr. Welsh say any Q. When, he returned with this Mr. 
 
thing about the 26th or 27th of March? Abner, how long had he been absent? 
 
A. No, sir, nothing about it. Q. Nor Mr. Beck? A. 
 
I 
 
have 
 
not 
 
lAo.ngN. ot mighty long"; I don't recollect how 
 
spoken to Mr. Beck to-day. 
 
Q. Had he been gone;, a} week? A. 
 
Q. Have you not had conversation with Yes, sir; I reckon, he had. 
 
some of the witnesses in this case? A. Q. Can you say that he had been gone 
 
No, sir. 
 
a week, certain? A. Well, I wouldn't be 
 
Q. This morning or any time? A. positive; I think so. 
 
Have had nothing to say about it. 
 
Q. Can you read? A. No, sir. 
 
 70 
 
MTT.TTATtV OUTRAGE IN GEOBGIA. 
 
Q. Have you any almanac at your! Q. Do you know Wm. Duke, who is 
 
house? A. Xo. sir. 
 
j under arraignment here ? A. Yes, sir, 
 
Q. I think you said you had heard of well acquainted with him; that is, I 
 
your sons name in connection with the have been acquainted with him about six- 
 
murder of Ashburn before he was arrested? teen or eighteen months, since he moved 
 
A. Well, sir, we heard it. 
 
. from Columbus up to my neighborhood. 
 
Q. Did you hear it from your son. or He lives about between four and five hun- 
 
from whom did yon hear it? A. "So. sir. dred yards from where I live. 
 
I didn't hear it from my son; this gentle- Q. Did you say he moved, or his father ? 
 
man that brought him up was there a ped- 't A. Well, the whole family moved together; 
 
dling. and he told us about it; he said that all have been there ever since all the 
 
was the chap he had heard down there. : family. Occasionally some would be off, 
 
Q. How long after your son had got backwards and forwards to Columbus, and 
 
home before he brousrht that chap to the , about, but that is their residence their 
 
house? J.. Whom. Mr. Abner? 
 
Q. Yes. A. Oh. that was a week or, Q. What is William Duke's business or oc- 
 
two. or more, before they come after him. j cupation ? A. Well, sir, he is a blacksmith, 
 
Q. What kind of a buggy was that in ; and works in a work-shop on buggies, etc.; 
 
which your son came home? A. A one- ; 'most anything wood work; sometimes in 
 
horse buggy. 
 
| the blacksmith shop and sometimes in the 
 
Q. Describe the horse? A. A dark wood shop. 
 
bay horse, to the best of my recollection. 
 
Q. Do you know where he was the last 
 
Q. Had the buggy a top ? A. Xo, sir. week in March of this year ? A. Well, sir, I 
 
no top at all. 
 
was with him on the 30th day of March, 
 
Q. Do you know to whom the buggy ! at the shop His shop is a kind of resort 
 
belonged ? A. Well, I don't know whether ! for the neighborhood. He was there be- 
 
it belonged to old man Abner or not. i tween sunset and dark. I left him there, 
 
Q. What time did they arrive at your ' with several others. 
 
house? A. I reckon the sun was about! Q. What day of the week was that? 
 
an hour high, or hardly so much ? It was ] A. Monday evening, the 30th, there were 
 
raining when they came. 
 
some seven or eight there. 
 
Q. Was it a rainy day ? A. It hadn't Q Were you at the same place next 
 
been raining all day. It rained in the j morning ? A. Yes, sir. I went up there 
 
evening a little, not much. 
 
j on Monday evening, to have some work 
 
Re-examined--Questions fy Defense. \ done' ^he old ,1?an,:?'^:e ^as at wo.rk 
 
! on my plows, and he didn t get them quite 
 
Q. What is your age? A. I don't know ' finished, so I started very early Tuesday 
 
exactly, about fifty-six, though. I reckon, j morning, and went up after my plows. I 
 
Q. During the months of February and j was also there Wednesday morning. 
 
March did your son pass up and down j Q. Was William there Tuesday morn- 
 
from Columbus home ? A. Well, he did ing, when you went for your plows ? - A. 
 
once. I think. 
 
Yes, sir. 
 
Q. What is his trade or occupation? i Q. Was he there Wednesday also? 
 
A. Working in the shop. 
 
i A. Yes, sir, he was there on Wednesday. 
 
Q. What kind of shop? A. Blaek- Q. When did you first hear of the 
 
smith shop and wood shop. 
 
murder of Mr. Ashburn? A. Well, sir, 
 
Questions "by the Defense. 
 
j as well as I recollect, it was about Thurs| day or Friday afterwards. I think one of 
 
REESE. a witness in behalf of: my neighbors, Jimmy Tucker, perhaps, if 
 
the defense, having been duly sworn, tes- i I am not mistaken, went up to Lagrange, 
 
tified as follows : 
 
j and heard it there I think about ""Thurs- 
 
Q. State your nam< in full ? A. Jor- j day I won't say Wednesday or Thurs- 
 
dan Reese is my name. sir. 
 
j day. 
 
Q. What is your age. and where do you! Q. How far is it from your house and 
 
reside, and what is your occupation ? A. \ Mr. Duke's father's to Columbus ? A. It 
 
I shall soon be seventy years old, sir; I am i is fully forty miles. We always call it 
 
a farmer: I reside in Merriwether County, j that that is what we generally call it. It 
 
near Sulphur Springs. 
 
[ is a very long day's drive, sir. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
71 
 
Cross-examined-- Questions ty the Judge which you first saw William, on his re 
 
Advocate. 
 
turn from Columbus? Did it make so 
 
much impression on your mind as that ? 
 
Q. When did you first hear the name A. Well, sir, I think it was on the day, 
 
of William Duke connected with the mur the 26th no, the 27th or 23th, on re 
 
der of Ashburn ? A. Well, sir, the first I freshing my memory about it what I re 
 
heard of it was at the time they arrested collected was that William was there from, 
 
him the day after they had arrested him I would say, the Satiltday morning before 
 
I think. I did not charge my memory ex until some seven or eight days after well, 
 
actly to a day, but about Thursday, I may be a week or more after Ashburn was 
 
think, they arrested him. I heard of it killed. That is why I recollect that Wil 
 
about Friday evening or Saturday morn liam was there, because I seen him there 
 
ing, I won't be certain which, and I was every day. 
 
very much astonished. 
 
Q. When were you first inquired of as 
 
Q. When was he arrested ? A. Well, to the time when William returned from 
 
I never charged my memory, sir, in re Columbus to his home ? A. Why, I saw 
 
gard to it. I think it was about Thurs him myself. I was with him two days. 
 
day, but I don't know the day of the month. Q. Since his arrest, has not some per 
 
Q. Was it last Thursday? A. Not son come to you to inquire of you as to 
 
last Thursday last Thursday week, if I the time when William returned from Co 
 
am not mistaken. 
 
lumbus ? A. No, sir, not a soul. 
 
Q. Do you remember what day of the Q. Did no one speak to you as to the 
 
month he was arrested on ? A- No, sir. time when William returned home ? A. 
 
I go there almost every day, to the shop, When he returned home from Columbus ? 
 
walking about, and think it was Friday I Q. Has no one since his arrest talked 
 
went up to the shop, and some of the to you as to the time when William re 
 
family told me William was arrested and turned from Columbus ? A. Several have 
 
carried off. 
 
talked about the time that Ashburn was 
 
Q. Do you know when Mr. Ashburn killed on Monday. Being at the shop 
 
was murdered the date of the murder? there (there were several of us there, some 
 
A. Only from hearsay. I heard it was on seven or eight men, that Monday even 
 
Monday night, the 30th. 
 
ing), there was a general talk among the 
 
Q. You don't remember when William neighbors about William being arrested. 
 
was arrested the day of the month al They were rather suprised at it every 
 
though it was ji week ago last Thursday? body in the whole neighborhood seven or 
 
A. No, sir. I did not charge my mem- eight men in the shop at the time I was 
 
ory with it. 
 
there. 
 
Q. But, do you remember the day that Q. Who first spoke to you about coming 
 
he mended your plow? A. Yes, sir. here as a witness? A. Well, I didn't 
 
I carried the plows on Monday, the 30th, know that I was coming here until they 
 
and I went after them on Tuesday. 
 
sent for me. 
 
Q. How are you able to remember so Q. Since you arrived here, have you not 
 
distinctly the day you took the plows there had conversation with some one as to the 
 
to be mended? A. How? 
 
| date of Ashburn's murder? A. No, 
 
Q. Yes, how are you able to remember I I recollect that very well, 
 
so distinctly ? A. What makes me certain j Q. Well, you say you remember now 
 
that that is the day, sir, it was either Fri- i the date of Mr. Ashburn's murder? A. 
 
day or Saturday that a gentleman brought j Well, I did not say positive. The murder 
 
William Duke up from Columbus, and I! took place, as I understood it, on the 30th 
 
think it was Saturday morning that I saw \ of March, Monday night. That's what we 
 
him. and asked him about matters and j heard some three or four days afterward, 
 
things in Columbus what was the news, | This man, from otir neighborhood, Mr. 
 
and so on that's the reason why I know. I Tucker, went up to Lagrange, and brought 
 
William had been for some time from j the news down. That's all I know about it. 
 
home, and I saw him Saturday morning, 11 Q. Explain, if you please, how it hap- 
 
think either Friday or Saturday. 
 
pens that you remember now the date of 
 
Q. Well, how did you remember after Ashburn's murder, and you can not re 
 
wards what day of the month it was on member the day of the arrest of your 
 
 72 
 
MILITARY OUTRAGE m GEORGIA. 
 
neighbor, as one of the parties connected 1 you got a subpoena? A. No. sir, I have 
 
with that murder, although that arrest not had a subpsena yet, sir. 
 
took place not more than ten days ago? Q. And no notice? A. I had a notice, 
 
A. "Well, I stated that I thought it was sir. There was a man came for us. A 
 
either Thursday last Thursday was a I gentleman was sent from here who told us 
 
week, that's what I (witness hesitates) I we were required, so he said; I don't know, 
 
think it was on Thursday. 
 
_He sai..d. .he was sent from this body down 
 
Q. Do you remember the_ day of the there to bring us up. 
 
month that your neighbor Duke was ar- Q. Had you spoken very publicly and 
 
rested on ? A. Xo, sir. I did not charge freely about your knowledge of where 
 
my memory with it. 
 
William was. and expressed your surprise 
 
Q. Did you charge your memory with at his arrest? Had you spoken thus freely 
 
the date of Ashburn's murder? A. Yes, and publicly everywhere? A. Well, the 
 
sir. 
 
neighbors talked about it in the neighbor 
 
Q. Were you in the habit of going fre hood, after he was arrested. We were all 
 
quently to the shop in which William very much surprised at his arrest. 
 
worked? A. Yes. sir. sometimes twice a Q. Have you been to Lagrange ? A. I 
 
day I would go up there, and stay there had to go up to Lagrange to get on the 
 
with the neighbors, and we would talk.. ears. 
 
Q. Did you go there frequently in the Q- Were you there last week, or the 
 
month of February? A. Well. sir. some week before? A. Yes, sir, last week I 
 
times it is every day. and sometimes three was up there Tuesday. 
 
or four days before I go there. I would Q. Did you speak up there to anybody, 
 
be off from home. 
 
or publicly, as to your knowledge of this 
 
Q. Was William at home in the month transaction? A. Well, sir, Mr. Abrams 
 
of February? A. Yes. sir. 
 
and Dr. Wymbush was there the way 
 
Q. Was he at home in the month of they come to ask me about it, both of 
 
March? A Well, he was not at home these gentlemen knew that I lived in sight 
 
the first part of March much; he went of him, and asked me somethin; about it. 
 
down to Columbus, and. as I said, he came Q. That's the explanation oo f the first 
 
up the last of March. 
 
notification you got of it, is it? A. Yes, 
 
Q. Do you know when he left home to sir. 
 
go to Columbus? A. No, sir. they pass 
 
back and forwards frequently, the family does, and I don't charge my memory with 
 
Questions by the Defense. 
 
such things. 
 
3. T. WOODWAKD, a witness for the 
 
Q. Do you know how long he was ab defense, having been duly sworn, testified 
 
sent at any one time in March? A. So. as follows: 
 
sir. I don't recollect. 
 
Q. Give your name in full, Mr. Wood 
 
Q. Did you frequently have work done ward. A. 3. T. Woodward. 
 
at that shop? A. Yes. sir, had all my Q. What is your age? A. Twenty- 
 
work done there sir. 
 
three years old twenty-four my next 
 
Q. Was he at home all the month of birthday. 
 
February? A. Well, I don't know, sir. Q. What is your occupation? A. Farm 
 
It seems to me that he was most of Feb er, sir. 
 
ruary, because he Had chills and fever. I Q. Where do you - live ? A. Merri- 
 
think he was sick most of February if I wether County. 
 
am not mistaken. 
 
Q. Do you know William Duke who is 
 
Q. Do you know whom William came now on arraignment here? A. Yes, sir. 
 
home with the last time he came, before Q. Which is he? A. There is Mr. Ashburn's murder? A. The last time ? Duke, (witness points to Duke, one of the 
 
Q. Yes. A. ]STo. sir. I did'nt see the accused.) 
 
man who brought him up. I heard a man Q. How far do you live from his 
 
brought him up, but that was all. 
 
father's house? A. About a mile and a 
 
Re-examined-- Questions "by Defense. half, sir. Q. Did you see William Duke at any 
 
Q. Did you have any notice at all of time during the latter part of March, this 
 
your testimony being needed here until I year? A. Yes, sir. I saw him on the 27th, 
 
 MILITARY OUTRAGE m GEORGIA. 
 
73 
 
28th, 30th, and 31st, and 1st of April. I think I^heard of it the day he was ar 
 
All through April I was with him. 
 
rested. 
 
Q. Where was he on the 27th of March? Q. What day of the month was that? 
 
A. He was at his father's house, sir. 
 
A. Well, sir, I can not tell you. 
 
Q. What hour of the day did you see Q. I wish yeu would try to tell me. A. 
 
him there? A. I saw him directly after I can't tell that, sir; I . (Witness 
 
twelve o'clock, soon in the evening. 
 
hesitates). 
 
Q. Where was he on the 28th? A. He Q. It interested you, did it not, to 
 
was at the shop at his father's. 
 
know that your neighbor was charged with 
 
Q. What days of the week do you so serious a crime? A. It did, sir. 
 
know? A. Friday and Saturday. 
 
Q. Very much? A. Yes, sir. 
 
Q. Where did you see him Monday, Q. But you can't remember the day of 
 
the 30th? A Saw him at his father's. the month? A. No, sir, I was out on other 
 
Q. What time of the day did you see business; I was not at home myself; my 
 
him there? A. I saw him in the evening father told me about it; he had been down 
 
about dusk. 
 
to my place. 
 
Q. Where was he then? A. He was Q. You think it was Thursday? A. 
 
at his father's, at the house. 
 
Yes, sir, I think it was Thursday. 
 
Q. You said you saw him the 31st; Q. You do remember though, very dis 
 
when did you see him then, and at what tinctly, the days that you saw him in the 
 
time of the day? A. I saw him very shop, some three months before that? A. 
 
early in the morning at his father's. 
 
Yes, sir, I do. 
 
Q. How far does Mr. Duke's father, Q. You say you were with him all the 
 
where you saw him, live from Columbus? month of April? A. The most of April 
 
A. Forty miles, sir, it is called. 
 
I was I will not say all April; I had my 
 
Q. When did you first hear of the mur work done at the shop, and was there every 
 
der of Ashburn? A. The second day of day mighty near; his father keeps a black 
 
April; I was at the shop when I heard it. smith and wood shop too. 
 
Q. Do you recollect the day of the week Q. When you heard of his arrest, did 
 
that was? A. It was Monday, sir. 
 
you then remember these dates, as you 
 
Jk Do you know how the news got have given them on your examination in 
 
there how did you hear it? A. Well, sir, chief? A. Yes, sir. 
 
there was an old gentleman come up from Q. You remember then that it was Fri 
 
below there, two or three miles, he told me day, the 27th, that you first saw him? A. 
 
about it; and then there was a young man Yes, sir; I commenced thinking about the 
 
in the settlement, was in Lagrange on Tues death of Ashburn, and I knew Mr. Duke 
 
day; we met there that evening, and he was at home when I heard that he was 
 
told me about it. 
 
arrested. 
 
Cross-Kcamined--Questions ~by Advocate. 
 
the 
 
Judge 
 
Q. death 
 
Did you know the date of Ashburn's when you first heard of his arrest? 
 
A. Yes, sir. 
 
Q. When did you first hear that William Q. Had you charged your "mind with 
 
was charged with taking part in the mur that when you heard of it? A. Yes, sir. 
 
der of Ashburn? A. William Duke? 
 
Q. The date of his death? A. Yes, 
 
Q. Yes. A. Well, sir, I never heard sir. 
 
of it till he was arrested. 
 
Q. Why did you charge your mind with 
 
Q. When was he arrested? A. Well, that date? A. Because I knew that Mr. 
 
sir, I don't recollect; I was not at home Duke was at home at that time after I heard 
 
at the time. 
 
that he was arrested. 
 
Q. Can't you recollect now the day that Q. Did you, at the time you heard of 
 
he was arrested? A. No, sir, I can't, be Ashburn's death, charge your mind with 
 
cause I was not in the settlement at all. the date of his death? A. Yes, sir. 
 
Q. Can't you recollect the day that you Q. Why did you do that? A. Well, 
 
heard he was arrested? A. I think he because I just happened to know that it 
 
was arrested on Thursday; I won't be cer was that date; I was reading of it in the 
 
tain of it; Thursday or Friday Thursday, papers. 
 
I think. 
 
Q. Becollect that, but you can't now 
 
Q. When did you first hear of it? A. remember the date when you heard of the 
 
6 
 
 MILITARY OtJTRAiMe IN GEORGIA. 
 
arrest of your neighbor on a charge murder? Q. Do yon know where he was in fthc 
 
A. I don't recollect the date, sir the month of February ? A. No, sir, I don't. 
 
time he was arrested. 
 
I had not made arrangements with him to 
 
Q. Had anything occurred since Ash- do any work at all, at that time. 'Long 
 
burn's death and before Duke's arrest to towards the first of March I made ar 
 
cause you to reflect on the days you had rangements with him fc^do my work. I 
 
seen William Duke at the shop, and if so. had my work done in another place didn't 
 
what was it ? A. Nothing, sir. 
 
go to the shop so often. 
 
Q. Has your attention been called to Q. Where was he in the month of March 
 
these dates by conversation with other per before the days yon have mentioned ? A. 
 
sons? A. We have been talking about I think he came from Columbus on the 
 
them. sir. 
 
26th. 
 
Q. Have you not been talking about Q. Where'was he before that? A. I 
 
them to-day ? A. No: sir. I have not been think he was in Columbus. 
 
talking about them to-day. 
 
Q. Was he at home no part of March, 
 
Q. Yesterday? A. I don't recollect except those days ? A. I don't recollect, 
 
talking about them yesterday, sir. 
 
sir. whether he was or not. 
 
Q. ^The day before ? A. It may have Q. What kind of day was it on which 
 
been, I don't know for certain I would j Duke came home ? do you remember? was 
 
not say for certain. 
 
it cold, wet or dry, or what ? A. I don't 
 
Q. Whom did yon talk about them recollect, I was at the shop on Friday, I 
 
with ? A. Well. T had talked about them i think 1 am pretty certain it was Friday, 
 
before I came to Atlanta with my brother | and I saw him; I had not seen him before 
 
and brother-in-law, my father no. not my j in some time, I think; I don't recollect any- 
 
father and Mr. Florence. These were: thing about the day or what day it was. 
 
the first I had talked to about it. 
 
Q. When was it yon made arrangements 
 
Q. Had you talked with any of the wit with him to do your work for you ? A. I 
 
nesses here ? A. Yes. sir. I think I have. didn't make arrangements with him, I 
 
I have talked to one of them about it. 
 
made arrangements with his father about 
 
Q. What witness here have you talked the first of March. 
 
with ? A. Talked with young Mr. Duke Q. From what fact was it that the te, 
 
Wayne Duke is his name about it. the 30th of March, was impressed upon 
 
Q. Who else? A. Well, sir, I talked your memory more than any date ? A. I 
 
with his brother. John Duke I think is! don't understand the question exactly. 
 
his name. "Dug" Duke I thing they call him. 
 
Re-examined--Questions ~by Defense. 
 
Q. When did you talk with them ? A. Q. Did the news of the death of Mr. 
 
I talked with them the day we came up here, Ashburn produce a great sensation in your 
 
sir last Friday I believe Friday even neighborhood or not ? A. Yes, sir, it did. 
 
ing. 
 
Q. Was it a sensation as was calculated 
 
Q. Do you remember the day William to make a deep impression upon all who 
 
Duke went to Columbus, the last time he heard of it ? A. Yes, the people seemed 
 
left home to go to Columbus, before the to be very much surprised to hear of it. 
 
murder of Ashburn^? A. No, sir. I do I was in Mr. Dnke's there when I heard 
 
not. 
 
of it 
 
Q. Do you remember the day he left Q. You say it was published in the pa 
 
home to go to Columbus with his mother, pers. A. Yes, sir, I saw it in the papers 
 
after the death of Ashburn ? A. No. sir, after these gentlemen told me ? 
 
I do not. I think, though, it was sometime in Q Was it or not from these facts you 
 
April 'long towards the last of April, I have just stated, of your being there at 
 
won't be certain of it. 
 
the time, that the date was more impressed 
 
Q. Can't you remember any other days upon your mind than other dates ? A. 
 
since Christmas, except those you have Yes, sir. 
 
named, that you can swear that you saw 
 
Duke at the shop, at work particular Gross-examination--Questions by Judge Ad 
 
days. J.. "Particular days." sir? I don't 
 
vocate. 
 
know as I can, but I am pretty certain he Q. Did you not go with William 'Duke 
 
was there directly after Christmas. 
 
to Montgomery, Alabama, a day or two 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
75 
 
before or a day or two after the murder of "It was Wednesday, the first day of April, 
 
Ashburn ? A. No, sir, I never was in that I first heard of the murder of Ash- 
 
Montgomery in my life. 
 
burn. I talked about that before I came 
 
Q. Didn't you go in that direction ? A. to Atlanta with my brother-in-law, and so 
 
No, sir, I was never in Columbus but once forth, not my brother, as recorded in my 
 
in my life and that was when I was very testimony of yesterday. With regard to 
 
email; my father carried me there. 
 
William Duke, I was with him part of 
 
The Court then adjourned until to-mor April, not all the time." 
 
row morning at 10 o'clock. 
 
The counsel for the accused then sub 
 
mitted a paper, of which the following is a 
 
copy: 
 
McPnEBsoN BAEEACKS, ATLANTA, GA., \ "The counsel for the prisoners ask that July 7,1868. / the court order a copy of the testimony of 
 
The Commission met pursuant to ad record be made for the use of the defense; 
 
journment. 
 
the counsel for the prisoners ask that sub 
 
Present The same members as yester poenas be issued for Mr. W. H. Keed, now 
 
day, the Judge Advocate and assistants, in Washington City, and for H. C. Whit- 
 
the prisoners on trial, and their counsel. ley, now in Atlanta, and that the witness 
 
The record of yesterday's proceedings Whitley be ordered by the court not to 
 
was read and approved. 
 
leave Atlanta without the permission of 
 
Emily Duke, a witness for the defense, court." 
 
examined before the Commission yester The Commission decided to leave the 
 
day, on hearing her testimony read by the matter in the hands of the Judge Advo 
 
Judge Advocate in open court, asked per cate. The Judge Advocate stated that he 
 
mission of the court to correct some points would furnish a true copy of the testimony 
 
in her testimony. Permission having been of record to the defense. Also that he 
 
granted, the witness made the following would subpoena Mr. Whitley, and, when 
 
statement: 
 
so subpoened, Mr. Whitley could not leave 
 
" I made a mistake in the description of Atlanta without permission of the court; 
 
my house there is one bed-room, a large and that with regard to the other party, 
 
one but there is a dining-room, and a Mr. W. H. Reed, who is said to be in 
 
cook-room besides. My son and his wife ^Washington City, he would also -have him 
 
did not stay there all night they live close subpoenaed, as desired, that the defense in 
 
by us. My son William was not at home this case may have the utmost latitude for 
 
all the -time through February and March the obtaining of testimony necessary to 
 
but I don't know exactly how long he their case. The defense stated that with 
 
was there. I know he passed up and the permission of the court they would for 
 
down the road a time or two, but what the present suspend the taking of testi 
 
time I don't know. I think it was last mony in the case of the accused, William 
 
Wednesday was a week he was taken. I Duke, although several other witnesses in 
 
think it was the 24th. My son-in-law did his behalf were waiting. This was de 
 
not sleep in the house, he has a little house sirable, they said, for the accommodation 
 
just adjoining mine." 
 
of some ladies who were present as wit 
 
The witness, Jordan' Beese, also ex nesses in behalf of another of the accused, 
 
amined before the Commission yesterday, one of which ladies was ill and anxious to 
 
on hearing his testimony read' in open return to her home. The court granted 
 
Court by the Judge Advocate, asked and the desired permission. 
 
obtained permission of the Court to make the following correction: 
 
Questions by Defense. 
 
" When I come to think about it, I think MRS. EDWARD SHEPPARD, a witness on 
 
that William Duke was arrested on behalf of the defense, being duly sworn, 
 
Wednesday instead of Thursday." 
 
testified as follows: 
 
The witness, J. T. Woodward, also Q. What is your name? A. Mrs. Ed 
 
examined yesterday before this Commis ward Sheppard. 
 
sion,, on hearing his testimony read by the Q. Where do you live? A. In Winton, 
 
Judge Advocate, asked and obtained per near Columbus. 
 
mission of the Court to make the following Q. Do you know Dr. Kirksey? A. 
 
correction: 
 
Yes, sir. 
 
 76 
 
MH.ir.AJnr OUTEACHE IN GEORGIA. 
 
Q. Can you point hi ont In the court? j Q. Were you in his bed-room after he 
 
A. Yes, sir. 
 
j retired? A. Yes, sir. 
 
Q. Do so. (Witness points out Dr. | Q. How came you to be there? A. 
 
Kirksey, the accused). 
 
\ He had a sick baby. 
 
Q. Are you related to Dr. Kirksey? Q. About what time of the night were 
 
A. Yes. sir. 
 
: you in his room? A. I don't know ex 
 
Q. What relationship? A. My son-in- actly the hour, but it was very late in the 
 
law, sir. 
 
j night; we had no time in the house; it was 
 
Q. Where does Dr. Kirksey live? A. \ late in the night. 
 
Lives in Winton. 
 
Q. Who was in the room when you 
 
Q. With whom? A. With me. 
 
went into the room? A. His wife and 
 
Q. Please describe the house the in baby and servant girl. 
 
ternal arrangement and situation of the Q. Xo one else? A. Not that I recol 
 
house as to the rooms. A. The house is lect, sir. 
 
one story high: the front part of the house Q. The Doctor himself was not there? 
 
is a long hall, running through, with three ! A. The Doctor was in bed. 
 
rooms on each side, each door opening i Q. In what room was the bed? A. In 
 
into the hall; there are two large outside j the front room. 
 
doors that are fastened; one of the inside! Q. I mean was that the room that his 
 
doors is a large folding door. 
 
j wife and child were in? A. Yes, all were 
 
Q. Is the room that Dr. Kirksey sleeps j in one room together. 
 
in on either side of the passage, and which Q. Was the Doctor awake? A. Yes, 
 
side? A. It is one of the front rooms on sir. 
 
the right-hand side. 
 
Q. Can you recollect how late at night 
 
Q. Where is your sleeping-room sit it was? A. No, sir, I can not tell how 
 
uated? A. My sleeping-room is two late it was, but we were up unusually late 
 
rooms below, on the left-hand side. 
 
that night anyway; we had some three or 
 
Q. Whose sleeping-rooms are opposite four sick ones in the house. 
 
to Dr. Kirksey's? J.. My son's. 
 
Q. Did you remain long in the room? 
 
Q. What is his name which of them? A. Yes, sir, remained some time in the 
 
A. Andrew Sheppard. 
 
room. 
 
Q. Whose sleeping-room is next to Q. When you left the room did you go 
 
Dr. Kirksey's? A. My daughter. Mrs. to bed? A. No, sir. 
 
Moore, and Miss Woodville Sheppard and Q. Why? A. I had a little boy with 
 
Miss Winne. 
 
a toothache that I had to attend to. 
 
Q. Do you recollect upon what day of Q. Were you kept up much of the 
 
the month Mr. Ashburn was killed? A. night? A. Yes, I was up and down near 
 
No. sir. I don't. 
 
ly all night, trying everything that I could 
 
Q. Do you recollect the month? A. to ease his tooth. 
 
No. sir. 
 
Q. Did you send this child this little 
 
Q. Do you recollect the day of the boy of yours anywhere for medicine that 
 
week? A. Xo. sir. 
 
night for his tooth? A. Yes, sir, I sent 
 
Q. When did you first hear of the kill him to the Doctor's room for morphine. 
 
ing of Mr. Ashburn? A. Next morning. Q. Did you get it? A. Yes, sir, he 
 
Q. Do you know where Dr. Kirksey got it. 
 
was the night before? A. The night be Q. What Doctor do you refer to ? A. 
 
fore he was killed? 
 
Dr. Kirksey. 
 
Q. Xo. the night before you heard of Q. This the same gentleman who is now 
 
it. A. Xo. 
 
a prisoner? A. Yes, sir. 
 
Q. You say you heard the next morn Q. Mrs. Sheppard, from the manner in 
 
ing that Ashburn was killed? A. The which those rooms are situated to each 
 
Doctor was at home. 
 
other, could Dr. Kirksey 'have left the 
 
Q. The night that he was killed? A. house that night without your knowledge? 
 
The Doctor was at home. 
 
A. No, sir. 
 
Q. What time did he come home that Q. Are you very clear upon that point? A. 
 
night? A. Came home to tea, after dark! Yes, sir, because I am very easily awaked, 
 
some time after dark. 
 
and the least noise wakes me, and he could 
 
Q. Did he go out after dark? A. No, sir. not have got out without raising the win- 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
77 
 
dows or opening the doors, and I should Columbus, and told me they were arresting 
 
certainly have heard it, because I was up them. 
 
anyway. 
 
Q. You say you commenced immediately 
 
Q. Have you severe dogs? A. Yes, locating your own family, after you heard 
 
sir, two. 
 
of the arrest of Bedell; now state whether 
 
Q. Could Dr. Kirksey pass those dogs you are certain or not of where Dr. Kirksey 
 
without their barking at him severely ? was that night? A. Yes, sir, he was at 
 
If so, why? A. No, sir, because he is home and in bed that night. 
 
always teasing of them and whipping at them with his whip, and he is always teas ing them and they always bark at him. 
 
Oross-examinalion--Questions by the Judge Advocate.. 
 
Q. Could Mr. Sheppard himself pass Q. How long since Dr. Kirksey married 
 
those dogs at night without their barking your daughter ? A. He was married in 
 
at him? A. I don't know, he hardly October after the surrender. 
 
ever goes out of the house of a night very Q. How many children has his wife? 
 
seldom. 
 
A. One, sir. 
 
Q. How are the doors of the house Q. What is its age? A. Two years 
 
fastened? A. The inside doors are fasten the 17th of this month. 
 
ed by locks, the outside doors are fastened Q. What was the matter with the child 
 
with bars iron pieces to hold the bars. that night ? A. She was threatened with 
 
Q. Is the house barred at night ? A. croup, I think. 
 
Yes, sir, always. 
 
Q. How did you learn that there was 
 
Q. Have you a daughter by the name of any thing the matter with the child? A. My 
 
Mrs. Moore ? A. Yes, sir. 
 
daughter's calling me. She always calls 
 
Q. Is Mrs. Moore a very nervous wo me whenever the baby is the least sick. 
 
man or not? A. Yes, sir, she is very ner Q. About how far is it from the door of 
 
vous indeed. She has been sick a great her room to the door of your room ? A. 
 
while and she is very nervous. 
 
My room is one room below hers. 
 
Q. Is she not very timid about anything Q. Did you not say it was across the 
 
occurring at night and always very watch hall on the opposite side ? A. Yes, sir. 
 
ful? A. Yes, sir. 
 
Q. About how many feet would you 
 
Q. How far is your house from Colum say? A. Well, I have no idea how many 
 
bus ? A. A mile and a quarter. 
 
feet it is. It may be ten feet I have no 
 
Q. Do you remember where Dr. Kirk idea. , 
 
sey was on Monday night, a week before Q. Will you please point out some object 
 
Ashburn was killed ? A. I think he must in this room about the distance that it is 
 
have been at home, but I do not remember from the door of her room to yours ? A. 
 
particularly. He has not for a month or Yes, sir, about as far as from here to that 
 
so hardly ever been out at night. 
 
window. (Witness points to window be 
 
Q. Why is it that you remember with so hind the President, about ten or twelve feet 
 
much particularity about his being home from herself.) 
 
that night the night that Ashburn was Q. How large are those rooms? A. I 
 
killed? A. Well, after they commenced really don't know how large they are; they 
 
arresting some of our men, everybody got are common-sized rooms. 
 
to thinking about it, and thinking what had Q. What sized carpet does it take to 
 
happened that night, audit made us call to cover the floor? A. I don't know, sir; I 
 
mind everything of the kind, and thinking never measured it. 
 
of our own. Of course we were trying to Q. Did Mrs. Kirksey come to your 
 
think where they were. It made us par room when she informed you the child 
 
ticular about that night. I had a feeling was sick? A. No, sir, she called me there. 
 
recollection of it otherways, being up all Q. Where was she when she called you? 
 
night and sick ones in the house. 
 
A. At her room door. 
 
Q. Who was the first person you heard Q. Was the door open? A. Well, I 
 
had been arrested ? A. Mr. Bedell, I be suppose if she was in the door it would be 
 
lieve, was the first I heard. 
 
open. 
 
Q. How long was that, after you heard Q. Well, ma'am, do you state on your 
 
of Ashburn's murder ? A. I think it was the oath that it was? A. I don't recollect about 
 
same evening. A young lady came up from that, sir; I went into the room; she may 
 
 78 
 
MTT.TTABV OUTRAGE IN GEORGIA. 
 
have shut the door when she got back, | Q. Do you intend to be understood that 
 
after she called me; I did not go right! you fastened down the windows in all the 
 
away. 
 
j rooms of the house before you went to bed 
 
Q. Was your door open at the time she \ that night? A. Yes. sir; if I don't do it 
 
called you? A. Yes. sir. my door is al- j myself my little daughter does; that's the 
 
ways left open at night when any of my j last thing done at night going around 
 
children are sick; I always leave my door to fasten down the windows and doors. 
 
open, so that if any of them are sick I can Q. Did you or your little daughter 
 
hear them when they call. 
 
fasten them down in Mrs. Kirksey's room 
 
Q. Did you hear her shut it? A. No, that night? A. No, sir, the Doctor al 
 
sir. 
 
ways does that himself when he is at home, 
 
Q. Could she have opened it without for his wife will make him do it always be 
 
your hearing it? A. I don't know whether fore she goes to sleep. 
 
she could or not; I was not paying atten Q. Then you did not intend to say that 
 
tion ; I might not have heard. 
 
you or your little daughter fastened down 
 
Q. Have you not stated, madam, that the windows in all the rooms? A. She 
 
Dr. Kirksey could not have gone out of goes round to see all the rooms, and so do 
 
the window that night without your hear I; it is the last thing at night that we go 
 
ing it? A. Yes, sir, the doors as I said around to see that everything is fastened. 
 
the windows are hooked down and the Q. Do you go round on the outside or 
 
blinds drawn: he could not have gone out inside of the house? A. Inside; they can 
 
without somebody hearing him, because all be fastened on the inside, sir; all have 
 
his wife is very easily frightened, and she hooks. 
 
always has the windows fastened down and Q. Do you intend to include Mrs. Kirk 
 
hooked in; she never goes to sleep without sey's room in that statement? A. Of 
 
having it done. 
 
course; her room is always fastened. 
 
Q. Does she sleep with her door open Q. You say you or your little daughter 
 
or closed? A. Sometimes open and some do this each night; which one of you did- 
 
times shut the inside door of the room. it that night? A. I don't recollect. 
 
Q. How was it that night? A. I don't Q. Would you swear, madam, that 
 
recollect, sir. 
 
either of you did it that night? A. No, sir. 
 
Q. Is there an outside door to her Q. Is Mrs. Moore your daughter? A. 
 
room? A. No, sir. 
 
Yes. sir. 
 
Q. Do^ you know that the windows Q. Where is her room located? A. 
 
in Dr. K~irksey's room were fastened Next to Dr. Kirksey's room. 
 
down that night? A. No, sir, /I don't Q. Do you undertake to state that no 
 
know that night, but they are every night, one of the windows in either of the room& 
 
and I should not see why they should not was opened that night? A. No, sir, I 
 
be that night if they are every night; I think if they had been I should have- 
 
did not notice particularly that night. 
 
known it. 
 
Q. Is that her habit in summer as well Q. How would you have known it? A. 
 
as in winter? A. Yes, sir; the windows By the noise they would make, of course. 
 
pull down double from above, and then the Q. Would that have made more noise 
 
green blinds are hooked in; the blinds turn. than the opening of Mrs. Kirksey's room; 
 
Q. You don't undertake to swear that door when she called you? A. Yes, sir; 
 
they were fastened that night of your own the windows make a great deal more noise 
 
knowledge? A. No. sir, no more than when they are opened; the doors don't 
 
any other night. 
 
make much noise, but the windows make 
 
Q. Did you notice every door that was a great deal. 
 
open that night? A. No. sir. 
 
Q. How are the windows hung? A. 
 
Q. Can you say whether the windows They are hung with weights, sir. 
 
were shoved up or down in any of the Q. Weights and cord? A. Yes, sir. 
 
rooms of the house that night? A. Don't Q. Is it not very easy then to elevate 
 
know, sir; the rooms are all fixed that J the lower sash? A. I never noticed par- 
 
way at night, because the last thing I do i tieularly about that; I never noticed any 
 
in my children's room my youngest! difference of a lower sash any more than 
 
children is to do that, on account of rob-1 in the other, 
 
bers and such. 
 
| Q. Did you sleep, any. that night? A. 
 
 MTT.TTABT OTTTRA0E IN GEORGIA. 
 
Yes, sir, I expect I did; I don't recollect Q. Will you pretend to state how long 
 
how much though; of course I had to lie you had slept before you were called by 
 
down and get up; I don't recollect how your daughter, after you lay down? A. 
 
much I slept. 
 
No, sir. 
 
Q. Do you recollect how often you Q. May it not have been as late as two 
 
were down and up? A. No, sir, I don't. o'clock when you went into the room? A. 
 
Q. Were you not very much fatigued, No, sir, I know it was not that late. 
 
waiting upon the child? A. Yes, sir, my Q. May it not have been half after one? 
 
health is had anyway. 
 
A. I don't recollect; I can not tell. 
 
Q. When you lay down fatigued, having Q. Then you will not be positive that it 
 
been interrupted in your rest, may you not was before half after one? A. I ain't pos 
 
have slept a little more soundly than usual? itive to the time; I know it was late in the 
 
A. No, sir, I don't in general sleep very night;' it is all that I know about it, as I 
 
sound. 
 
told you before. 
 
Q. When you have lost sleep, are you Q. Is Dr. Kirksey a practicing physi 
 
not apt to sleep more soundly when you cian? A. Yes, sir. 
 
lie down? A. 'Not the same night; I al Q. Does he ever attend his patients at 
 
ways sleep the next day when I am ex night? A. Yes, sir. 
 
cited that way I hardly ever sleep when Q. Is he not county or city physician? 
 
the children aresick. 
 
A. He was. 
 
Q. Will you swear, ma'am, that the sash Q. Was he at that time? A. I don't 
 
could not have been elevated in any one of recollect whether he was at that time or not. 
 
the rooms of the house that night, when Q. Does he not have frequent calls at 
 
you were asleep, without your having heard night from patients ? A. He has not 
 
it. A. No, sir. 
 
lately, but he had a great many last year; 
 
Q. Will you swear that it was not ele but not so many this year, because we have 
 
vated in Dr. Kirksey's room? A. No, sir. not had so much sickness. 
 
Q. You stated that Dr. Kirksey was in Q. Are not calls frequent this year at 
 
bed when you went into his room? A. night? A. No, sir, they have not been; 
 
Yes, sir. 
 
I don't know of a single night call the 
 
Q. Why was ?he not up tending to his Doctor has had. 
 
sick child? A. The child was right by Q. This year, do you mean? A. This 
 
him on the bed; he had been up. 
 
year; yes, sir. 
 
Q. I understand you, that you could not Q. Has his practice greatly fallen off 
 
state the time of the night how late do this year? A. I don't know; it has been 
 
you believe it was? A. It must have been, unusually healthy this year. 
 
as -well as I recollect, about twelve o'clock Q. How long have you had the two 
 
at night. 
 
severe dogs you testified about? A. Well, 
 
Q. Well, now, madam, what induced you I don't know; one of them we have had a 
 
to locate it about twelve o'clock? A. Be year or two; we raised them; one is quite 
 
cause we were up unusually late that night, young about a year old, the other about 
 
and I suppose it to be about that time, sir; nearly two years old, as far as I can 
 
we had four sick ones in the house, sir, and recollect. 
 
I thought -so from the chickens crowing Q. You say they are very severe? A. 
 
shortly after. 
 
One of them is a very severe dog, sir. 
 
Q. What time do your chickens crow at Q. What sort of dog? A. Common 
 
night? A. Generally crow about midnight cur dogs, I guess large. 
 
and daylight same as all other chickens. Q. Are the people in the neighborhood 
 
Q. Is it a habit with all other chickens { afraid of them? A. Yes, sir; they never 
 
to crow at midnight? A. I was always come in the yard without a guard, or go 
 
taught so from my childhood up, sir. 
 
out without one. 
 
Q. What is your usual hour of retiring Q. Were they not in the way of the 
 
at night? A. About ten o'clock, sir. Doctor's practice? A. Well, they gener 
 
Q. What time did you retire that night? ally halloo when they get to the gate, 
 
A. I don't recollect in particular; I told when they come at night, without coming 
 
you 'it was -unusually late that' night; of in; the dogs are always in the inside lots; 
 
course it was later than ten. as I repeatedly the people always halloo; then we send 
 
told you. 
 
some one out to them. 
 
 80 
 
MHETAB.Y OTJTBAGB IN GEOEGIA. 
 
Q. Is the inside lots, as you call it. back that night when you were asleep? A. I 
 
of the house from the street or road? A. told you I didn't sleep very much that 
 
There's three inside lots to the house; the night. 
 
house is a very large house and there's Q. Did you not tell me you slept some 
 
three inside lots to it two front yards, that night? A. I say I may have not 
 
and then there is a back yard, where they sleeping soundly I may have slept some. 
 
keep the dogs; and then at night these Q. Do you always get up to see what 
 
gates are all open for the dogs to pass round the dogs bark at when they do so? A. If 
 
the house. 
 
I don't get up myself I call some one to 
 
Q. Does not the window of Dr. Kirksey's see. 
 
room open into the front yard? A. Into Q. Is that rule without exception? A. 
 
one of them, it does; one of the front When I hear them barking, and like there 
 
yards. 
 
was any one about, I most always have 
 
Q. Do you pretend to say, if the dogs some one to see what the dogs are barking 
 
are in the back yard he eould not have got at, if I don't get up myself; I think that 
 
out of the window and left the premises is sufficient about the dogs. 
 
without their barking at him. A. He Q. Will you swear they did not bark 
 
could not have got out without the dogs at Dr. Kirksey that night? A. No, sir. 
 
knowing of it; there eould not be a window Q. Are you certain about the time the 
 
raised that the dogs did not bark at it, first arrests were made after Ashburn was 
 
whenever there was a window raised; they killed? A. I think it was the evening he was 
 
always 'hear the least noise. I notice killed that some arrests were made Mr. 
 
whenever I raise a window they always Bedell and several others; I don't recollect 
 
generally bark; I suppose when the others who now; I recollect Mr. Bedell's name. 
 
do it is the same thing; we keep the dogs Q. May it not have been the second day 
 
right round us. and they are fed from the after he was killed? A. I am not certain. 
 
table, right at the doors, and- of course Q. On hearing of Bedell's arrest, why 
 
they know everything that is going on. was it you began to think where Dr. Kirk 
 
Q. Do you intend to state that there sey was that night? Did you suspect him 
 
never is a window raised at night there of being implicated? A. No, sir, I had 
 
without their barking at it? A. No, sir, not the most distant idea of such a thing. 
 
I don't pretend to say that; but whenever Q. Then what caused you to reflect 
 
I raise one they bark, and I suppose it is about where he was the night of the mur 
 
the same with everybody else. 
 
der? A. Because they were arresting 
 
Q. Might not Dr. Kirksey have raised any one and every one. 
 
the window and gone out that night with Q. What do you mean by any one and 
 
out their barking at him? A. I don't every one? A. Well -just arresting per 
 
think Dr. Kirksey could have got out sons I don't know. 
 
without the dogs knowing of it; I don't Q. Do you know how many were ar 
 
think he could have got the windows up. rested? A, No, sir, I do not. 
 
Q. "Was it not possible that he might? Q. Do you know of anybody but Be 
 
A. I don't think so. 
 
dell? A. I know there were others, but 
 
Q. Might not the dogs have barked I don't recollect their names. 
 
at him if he went out and you not have Q. Did you hear how many? A. No, 
 
paid any attention to it? A. I can't say. I didn't hear how many; I just heard that 
 
Q. As they bark so frequently, do you they were arresting some young men. 
 
pay special attention every time they do Q. Were not the persons arrested in 
 
bark? A. At night I do, sir, because I the city? A. Yes, sir. 
 
am always thinking of some one breaking Q. Were they or not the companions of 
 
into the house; I had got up time and Dr. Kirksey? A. I don't know, sir. 
 
again to see what the dogs were barking Q. How far is your house from the city? 
 
at. 
 
A. I told you before a mile and a quarter. 
 
Q. Do you pretend to say that they Q. What reason had you to suspect that 
 
never barked at night without your hearing persons living out a mile and a quarter 
 
them? A. They may bark sometimes would be arrested on account of Ashburn's 
 
that I don't hear them; when I am asleep, death? A. I never thought anything 
 
maybe. 
 
about it. 
 
Q. Might not that have been true on Q. When was the matter first talked of 
 
 GS6SCSA. 
 
-81 
 
'ii'yonr1 family ttS to'wherer'the- Doctor was 
 
'give us your best opinion, 
 
- on "'the night of the kDling of Ashburn? madam, on that subject. We are entitled 
 
'A. -After they commenced arresting.. 
 
ta that, I believe. A. That is all I recol- 
 
Q. Who first mentioned it? <A. I-don't lect-maugbing -at the idea of arresting 
 
" recollect. 
 
women. That is all I know about it. 
 
-Q. Did Dr; Kkksey say anything about - Q: I regret to press the question, but I 
 
it? A. Not that I recollect of. 
 
must do so I want your opinion as to 
 
Q: Was he present when it was talked whether this conversation took place before 
 
about? A. No, sir, he was not there. .or after- the arrest of this lady. A. I 
 
Q. When did he first talk with you don't recollect anything mere than just 
 
and his family on that subject? A; I don't- what I told you. It was just merely a 
 
recollect^ sir, anything about it. 
 
passing thought. I didn't pay no attention 
 
Q. Was it ever spoken of in the family? at all to it. 
 
'A. About his being arrested? 
 
Q. Well, but we want your opinion as 
 
-Q. No, no; bout where he was that to -whether it was before or after the ar 
 
night? A. Only what I said myself when rest of the woman. A. J don't know, 
 
some one was talking about where he was nor don't recollect nothing at all about it. 
 
that night; I said for myself I could swear Q. You will not give an opinion then as 
 
for the Doctor, for he was at home and in to whether it was before or after the ar 
 
' bed. 
 
rest of the woman ? A. I don't recollect 
 
Q. Who were you then conversing with? anything more about it. 
 
'A. With my children. 
 
Q. How long after Ashburn's death was 
 
Q. When was that? A, I don't recol the first - conversation you had with any 
 
lect what time it was. 
 
body about where Dr. Kirksey was that 
 
Q. What caused you to think of the ne- night? A. I do not recollect, sir. 
 
cessity of swearing for the Doctor? A. Q. Was it within a week or after ? A. 
 
Because they were arresting persons. 
 
I do not know. 
 
Q. Did you expect everybody in or Q. Was it a month after? A. I can 
 
about Columbus to be arrested? A. Yes, not tell you anything more than what I 
 
sir, from what I saw, I expected it have told you. I never remember days, 
 
women, children and all. 
 
dates, nor months. Whenever I want to 
 
Q. Do you know, madam, that any know anything of that kind, I always ask 
 
women and children were arrested? A. No, somebody about the house. 
 
sir; I have beard of such things though. 
 
Q. Then, how can you recollect that the 
 
Q. Did you hear of it in this ease? A. Doctor's child was sick, and 'that you en 
 
I think I heard of one woman being ar tered his room on the same night on which 
 
rested. 
 
Ashburn was killed ? A. Because, I was 
 
Q. Who was she? A. I don't know, up that night, having so many sick ones in 
 
sir; I just heard there was one white the house, and being so anxious, we all sat 
 
woman arrested and sent off. 
 
up. We had four sick ones in the house. 
 
Q. Did you not hear that she was a I had a little boy with a toothache, which 
 
woman who was present that night when kept me up. My daughter, Mrs. Moore, 
 
Ashbura was killed? A. No, sir, I didn't was very sick, and my niece was very sick, 
 
know it at the time; I just heard that she and the baby was very sick. Of course. 
 
was arrested and sent off. 
 
we all felt sick the night might have been 
 
Q. Did you think anything about prov remembered. 
 
ing where you was that night ? A. No, sir, Q. What is there to connect that night 
 
I never thought about it. 
 
of affliction in your family with the death 
 
Q. Did you expect to be arrested? A. of Ashburn ? A. Just what I have told 
 
I don't know. I laughed about it many a you. 
 
time. 
 
Q. How do you know that that night is the 
 
Q. Did you consider it a light matter ? same on which Ashburn was killed ? A. 
 
A. I thought it would be, to arrest women Because I do know it is the same night. 
 
and children. 
 
I was sitting next morning at breakfast. 
 
Q. Was it before or after the arrest of when the servant came in and told me he 
 
this woman that the conversation occurred was killed. : I recollect it all just as well: 
 
in your family, about where the Doctor I do know it was the night. 
 
was that night? A. I don't recollect. 
 
Q. Did you say anything about the sick- 
 
7 
 
 82 
 
MILITAEY OUTRAGE IN GEOBGIA. 
 
ness in the family the night'before, when Q. Have you no opinion as to the length 
 
the servant told you he was killed ? A. of time since Dr. Kirksey was last arrested 
 
No.. I didn't say anything at all. The girl j and .brought up here? A. Oh, yes, because 
 
was just passing the door, and put her I knew he was here, and I kept a thinking 
 
head in. and asked me if I had heard it. abouthim; I think he has been here about 
 
Q. Can you mention any other night five weeks now; I was more interested then 
 
when your family was sick ? A. Yes, they and paid more attention to it. 
 
are very often' siek of nights, some one Q. Was he arrested in the day or in the 
 
of them. I have a very large family, night? A. In the day I think. 
 
twelve or fifteen, and there is hardly a Q. Where was he arrested? A. In Co 
 
week passes that some of them are not lumbus. 
 
siek in some way. 
 
Q. Do you recollect what occurred in 
 
Q. Then, may you not be mistaken, and. your family the night after his arrest? A. 
 
may it not have been some other member i Yes, sir; I recollect having been up most 
 
of the family that interrupted your rest on i all the night, having something to cook for 
 
the night Ashburn was killed? A. No; him, to bring with him, and fixing his 
 
sir. I am not mistaken. 
 
clothes, and putting them in his valise, arid 
 
Q. Will you name the next night when ! helping his wife to fix his things. 
 
any of your family was siek ? A. No, sir, Q. Was there sickness in the family that 
 
they have been siek very often since. I night? A. I do not recollect, sir; I do 
 
could not name any night in particular. not think there was; his baby has been 
 
Q. Will you name any night since that siek a long time never has been right 
 
when your family was siek ? A. No, sir, well; his wife has been sick; she was sick 
 
I never paid any particular attention to it: then and is sick now, and has been sick 
 
they are siek so often. 
 
ever since he has been arrested. 
 
Q. Can you connect the sickness of your Q. Is she a sickly lady? A. No, sir; 
 
family on any other night, with any other she never was sickly until after he was ar 
 
incident that occurred in the city of Co rested and put in the court-house; she got 
 
lumbus? A. No, sir. 
 
sick then, going to see him, and has been 
 
Q. Then how can yon connect the sick siek since; she always was healthy, remark 
 
ness that night with this particular inci ably healthy. 
 
dent? A. Well. I have already related Q. What was he arrested for when he 
 
that to you. 
 
was put in the court-house? A. That is 
 
Q. Did you ever think of this until Dr. more than he or I knew, I reckon; I don't 
 
Kirksey was arrested? A. Well what I j and he don't himself, I reckon hardly. 
 
told you about what I said when they \ Q. Did you have any idea at the time 
 
were arresting these persons; of course I what he was arrested for? A. No, sir. 
 
told you that. 
 
Q. Did you think at that time anything 
 
Q. When was he arrested? A. I don't about where he was the night Ashburn was 
 
recollect the day; I know he was arrested , killed ? A. I do not recollect what I 
 
twice: he was arrested and put in the court ! thought then. 
 
house: he was put out. and then he was Q. Did you have any idea, the last time, 
 
arrested again and brought here; I do not what he was arrested for? A. No, gir, I 
 
recollect the time. 
 
didn't know; there never had been any 
 
Q. How long after Ashburn's death be charges brought against Mm. 
 
fore he was arrested and put in the court Q. Did you hear from any source the 
 
house? A. I do not know, sir. 
 
reason of his arrest? A. Persons thought, 
 
Q. Did you think of the sickness of his some perhaps one thing and others another; 
 
family the night of Ashburn's death when nobody knew what he was arrested for. 
 
he was first arrested? A. Nothing but Q. Did you ever hear anybody assign 
 
what I have already said. 
 
* 
 
any other reason for his arrest than Ms 
 
Q. Give me your best opinion as to the connection with the killing of Ashburn? 
 
length of time after Ashburn's death, be A. I do not know. 
 
fore Dr. Kirksey was first arrested? A. Q. Could you name any. person who as 
 
I have no idea, sir, of the time; I never signed any other reason? A. No, sir, be 
 
paid no particular attention to it at all. cause they didn't know. 
 
Q. Was it as much as a month? A. I Q. Have you ever heard anybody in 
 
do not know. 
 
Columbus gay that he was arrested on 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
83 
 
account of his connection with Ashburn's failed to state but one night, and that was 
 
death, or his supposed connection, rather, the night of the arrest of your son-in-law; 
 
with Ashburn's death? A. I suppose I why do you remember particularly the oc 
 
have heard persons talking, but I do not currences of the night that the Doctor was 
 
recollect of their ever saying, but that they arrested? A. I have stated that before. 
 
didn't know what he was arrested for. 
 
Q. State whether Dr. Kirksey lived at 
 
Q. Was the cause of his arrest known your house from the 1st of January to the 
 
in Columbus when you left home? A. Of 1st of March, and, if not, where did he 
 
course, because there had been charges live? A. He stayed the first two months, I 
 
preferred against him there. 
 
think, at the "Cook House," fro/n the 1st 
 
Q. When was it first known to you and of January. 
 
the people of Columbus? A. After he Q. Where is the "Cook House?" A. 
 
was put up here in these cells. 
 
In Columbus. 
 
Q. How did it happen that you thought Q. Then where did you live during that 
 
so carefully about where he was the night time ? A. I lived in Winton, near Colum 
 
Ashburn was killed? A. Well, I have bus. 
 
answered that question. 
 
Q. Would you have been apt to have 
 
Q. And, in that connection you say you known from Winton whether Dr. Kirksey 
 
didn't know what he was arrested for, do was called up at nights when he .was living 
 
you? A. No, sir, we didn't know what at the Cook Hotel. A. No, sir. 
 
charges were preferred against him until Q. During .the month of March do you 
 
after they were brought up here. 
 
recollect any one night in which he was 
 
Re-examined--Questions by Defense. 
 
called up? A. No, sir. Q. Is you husband very deaf ? A. Yes, 
 
Q. Mrs. Sheppard, you say you didn't sir, very deaf. 
 
know what Dr. Kirksey was arrested for. Q. Did you have your house particularly 
 
Did you not ask his counsel what he was fastened from apprehension of robbers or 
 
arrested for, and they told you that the any other cause? A. From robbers 
 
G-overnment refused to give any charges breaking into the house. 
 
against him until recently? A. Yes, sir. 
 
Q. Had it ever been broken into; were 
 
Q. Have you known, until these charges there many robbers in your neighborhood? 
 
were preferred, whether Dr. Kirksey was A. Yes, sir, it has been broken in all 
 
imprisoned as a witness or a criminal. A. around the neighborhood, except on our lot, 
 
No, sir. 
 
on account of our severe dogs; the neigh 
 
Q. Have you not known in your own bor's places have been broken into. 
 
family among the family servants of Q. You say that your husband is very 
 
persons being arrested as witnesses ? A. deaf; did that or not cause you to be more 
 
Yes. 
 
watchful at nights? A. Yes. sir. 
 
Q. What became of some of these par Q. How long has he been so deaf? A. 
 
ties after they were arrested ? A. They He has been so all his life, but it is a great 
 
run away. 
 
deal worse now. He has been very deaf 
 
Q. For what reason ? A. Because they the last two or three years. 
 
had been frightened. 
 
Q. Has there been any other incidents Re-cross-examined--Questions liyihe Judge 
 
occurring in Columbus since the first of January last that created as much excite 
 
Advocate. . 
 
ment as the killing of Ashburn; if so, state Q. Who are your immediate neighbors? 
 
it? A. No, sir. 
 
A. Mr. Bowers, Mr. Biggers, Mr. Thweet, 
 
Q. You stated, in your direct examina Mr. Dancer, Mr. Markham, and Mr. Brown, 
 
tion, that having heard of Ashburn's death these are the nearest neighbors we have. 
 
the morning after the sickness of your Q. Have the houses of all these persons 
 
family, impressed the occurrences of that Deen broken into by robbers? A. Yes, 
 
night upon your mind; do you still say so? sir, every one of those houses but one that 
 
A. Yes, sir. 
 
[ can recollect of in that neighborhood, 
 
Q. You have been asked to state several lave been broken into. 
 
other nights particular nights in which Q. Which one forms the exception. A. 
 
members of your family was sick, or the tfr. Markham's. 
 
occurrences of particular nights, and have Q. Within what time have they all been 
 
 84 
 
MH3TABY OCTBASB-IN GBOB0IA. 
 
broken into. A. Well, they have been Q, Does either of these windows open 
 
broken into several times; I think it-is on the piazza? A. Two of them do. 
 
nearly two months since'they, were all Q. How high are they from the ground 
 
robbed. 
 
or from the floor of the piazza? A. They 
 
Q. Was it all on one night'? A. The are right down on the floor; the two side 
 
last robbery was all on one -night. 
 
windows open right down on the floor. 
 
Q. Was not that rdbbery & noted thing Q. How high are the others from the 
 
there? A. Tes, sir, there was a great ground? A. I don't know; about like 
 
many talking about it next morning. 
 
those out there, I reckon (pointing to one 
 
Q. Did yon hear of it the next morn of the windows in the Court room); I 
 
ing? A. I heard the servants talking can't tell exactly; I suppose not more than 
 
about it. 
 
five feet from the ground. 
 
Q. Do you recollect what occurred in Q. Do the neighbors you have men 
 
your family that night ? A. No, sir. 
 
tioned own and keep dogs? A. One of 
 
Q. Recollect whether anybody was ick : them does I think they all do; I think 
 
that night? A. No. sir. 
 
they have all got dogs little dogs, these 
 
Q. You stated, in answer to a question little poodle dogs; one of them has five of 
 
propounded by Col. Moses, that some serv them. 
 
ants about .your premises, who had been Q. Do they usually bark at the approach 
 
arrested as witnesses, had run away; who of persons at night? A. What dogs? 
 
were they? A. At least they, didn't run Q. The neighbors' dogs. A. I have 
 
away; they were frightened off the lot; heard them a barking over the way. 
 
they were frightened by the Yankees, sir; Q. Did you hear the dogs bark at all 
 
they came up there and arrested all of the night of the killing of Ashburn? A. 
 
them the day the Doctor left, and then some I don't recollect at all about that. 
 
four or five of them left because they told Q. Had you been into Dr. Kirksey's 
 
them what they were going to do with them. room that night before his wife called you 
 
Q. Was that the same day the Doctor to see the child? A. I don't recollect; I 
 
was arrested? A. The day they started don't think I was; I don't think I had 
 
up here with the Doctor. 
 
been in the room until I went there to see 
 
Q. Have you seen any of those servants the child at her call. 
 
since? A. Yes. sir, I have seen one of them Q. What time was it when you saw him 
 
since; the rest didn't come back. 
 
last, before you saw him in bed with the 
 
Q. Do yon know where they went to? sick child? A. Well, he was at supper 
 
A. No, sir; I know where a family went ; the last I recollect of seeing him. I next 
 
they went to the foot of the hill and settled saw him in bed; I am generally passing 
 
there: I found that out afterwards; I didn't about and attending to my business from 
 
know it at the time. 
 
supper time until bed time. 
 
Q. Do you know whether Dr. Kirksey Q. How far is your house from the 
 
had any conversation with them about Perry House, Columbus? A. Well, I don't 
 
leaving before he left? A. No, sir. 
 
know; it is a mile and a quarter to the Court 
 
Q. When Dr. Kirksey was last arrested house and I don't know what is the differ 
 
did you not suspect that it was on account ence between that and the Perry House. 
 
of some alleged connection with the Ash- Q. Has Mrs. Kirksey ever, before the 
 
burn murder? A. I could not tell what night in question, called you to her room 
 
he was arrested for. 
 
at night? A. Yes, sir; many and many a 
 
Q. Did you not suspect it? A. I time? 
 
thought perhaps it might; I don't know Q. Did you see Dr. Kirksey at any 
 
what I thought about it at all at the time; time between supper time and the time you 
 
I hardly knew what I thought about it. saw him in bed with the sick child? A. 
 
Q. Please answer the direct question; He was in Mrs. Moore's room at the time 
 
did you not suspect it? A. I told you I between supper time and bed time; I didn't 
 
didn't know at the time; I don't know see him, but he was in there. 
 
what I thought about it; I don't recollect. Q. The question is, did you see Dr. 
 
QiKstions "by the. Court. 
 
Kirksey at any time between supper time and the time you saw him in bed with the 
 
Q. How many windows were there in sick child? A. 1 didn't see him, but he 
 
Dr. Kirksey's room? A. Four windows, j was in there; he was in the room there read- 
 
 MHJTABY OUTRAGE DJ GEOEGIA. 
 
85 
 
ing; he nurses Mrs. Moore and gives her The Commission then adjourned until all her medicine; every time he comes into to-morrow morning at ten o'clock. 
 
the house he goes to see her. 
 
Q. Was he dressed in night clothes, when you saw him in bed ? A. Yes, sir. 
 
McPHBKSON BARRACKS, ATLANTA, GA., "I 
10 o'clock A. M., July 8, 1868. / 
 
Questions by the Judge Advocate by per The Commission met pursuant to ad 
 
mission of the Court. 
 
journment. 
 
Q. How do you know that he was in Mrs. Moore's room at the time spoken of? A, Well, I know that he was in there. 
Qf. Well, but I ask you, how you know it? A- Well, just hearing them talking in there, I know by that that he was in there. I knew his voice. 
Q. Did you hear the chickens crowing at the time you were in the room where the sick, child was ? A. It was when I was with the little boy. 
 
Present, same members as yesterday, the Judge Advocate and his assistants, the prisoners on trial, and their counsel. 
The record of yesterday's proceedings was read and approved. 
The witness, Mrs. Edward Sheppard, who was examined before this Commission yesterday on behalf of the defense, on hearing her testimony read over by the .Judge Advocate in open Court, desired to make the following correction with regard to the question given on the 20th line 
 
Questions by the Court. 
 
of the 49th page of this day's record, 
 
Q. Do you positively know Kifksey was there all the time ? sir- 
 
that Dr. A. Yes, 
 
which was, " Do you positively know that Dr. Kirksey was there all the time?" to which the witness yesterday gave for 
 
Q. Do you know what time Dr. Kirksey went to bed ? A. I don't know ex actly when he went to bed; I was not in his room, and of course I don't know when he went to bed. 
 
answer, "Yes, sir." She now desires to correct as follows: "It is my firm belief that he was in the house all that night." 
Mr. Marshall, one of the reporters to the Commission, having resigned, Charles 
 
Q. Do you know when Dr. Kirksey left Mrs. Moore's room that night, and retired to his own room ? A. No, sir, I knew he 
 
K. Maddox was then duly sworn by the Judge Advocate as additional phonographic reporter to the Commission. 
 
was in the house. 
 
Questions by the'Defense. 
 
Questions by the Judge Advocate by per mission of the Court. 
 
Miss WOODVILLE SHEEPABD, a witness for the defense, having been duly sworn, 
 
Q. I understand you to state, in answer testified as follows: 
 
to the first cross-examination, that your Q. What is your name? A. Woodie 
 
chickens usually crowed at midnight, and Sheppard. 
 
that you heard them crow when you went Q. What is your age. A'. Seventeen. 
 
into Dr. Kirksey's room. Did I under Q. How long have you known Dr. 
 
stand you correctly ? A. Well, no, I don't Kirksey, and what relation is he to you ? 
 
think that was it. I 'said when I went into A. I have known Dr. Kirksey four or five 
 
Dr. Kirksey's room, I heard the chickens years I don't exactly know; he is my 
 
crow afterward. 
 
brother-in-law. 
 
Q. Did you not state that your chickens Q. Do you see Dr. Kirksey in the court 
 
usually crowed at midnight ? A. I stated house now ? If so, point him out. A. I 
 
I had been taught from my childhood, that see Dr. Kirksey. (Witness points to Dr. 
 
they crowed at midnight and daylight. Kirksey, one of the accused.) 
 
Q. Then, was not that before midnight, Q. Do you live with your mother in 
 
if they crowed afterwards? A. I said 11 Winton? A. I live with my mother in 
 
was in his room late at night, and saw him Winton. 
 
in ,bed. I didn't say what time.. I judged Q. What distance is the house you live 
 
it was about that time, from hearing the in from Columbus ? A. It is considered a 
 
chickens crow about midnight. 
 
mile and a half from town. 
 
Q. How long after you came out of his Q. Do you recollect the day of the 
 
room before you heard the chickens crow ? month, or day of the week, that Ashburn 
 
A. Well, I don't recollect what time. was killed upon night of the day of the 
 
 86 
 
MTT.ITABY OUTRAGE IN GEORGIA. 
 
month, or day of the week ? A. I do not Dr. Kirksey stayed in my room my 
 
recollect that. 
 
sister's room, Mrs. Moore's room perhaps 
 
Q. Do yon know where Dr. Kirksey more than an hour after eating supper; he 
 
was the accused on the night of the then went to his room; I went up into Dr. 
 
murder of Ashhurn ? A. I know where Kirksey's room, afterwards a little while 
 
Dr. Kirksey was. 
 
afterwards and stayed up there nearly 
 
Q. Where was he ? A. He was at my two hours, talking to him; I then came 
 
mother's home, in "Winton. 
 
down into my room and retired; and some 
 
Q. How long after - Ashburn was mur time after midnight I was sent to his room 
 
dered did you hear of it ? A. We hearc to get some medicine for my sister, Mrs. 
 
it the next day. 
 
Moore, who was sick; I knocked at Dr. 
 
Q. Did you hear it in the morning, or Kirksey's door; he asked me what I 
 
in the afternoon? A. I heard it in the wanted; I told him I wanted medicine for 
 
afternoon. 
 
my sister; he got up, struck a match and 
 
Q. When you heard it, what did you got the medicine, brought it to the door 
 
say in connection with it? A. I heard and put it into my hand. 
 
that they had the Yankees had arrested Q. Please state what you did with that 
 
Mr. Bedell, supposing him to be connected medicine and whom it was for. A. I car 
 
with it. 
 
ried the medicine back and gave it to my 
 
Q. Did you hear whether or not they sister, Mrs. Moore; it was for her. 
 
were expecting to make other arrests ? A. Q. Where is your room situated as to 
 
They were making promiscuous arrests, Dr. Kirksey's room how far from it? A. 
 
and I did not know whom they might My room is the third room from his. 
 
arrest next. 
 
Q. Whose room adjoins his? A. My 
 
Q. Do you remember whether, at that sister's, Mrs. Moore's. 
 
time, you made any remark in reference to Q. Was that the room you went into 
 
Dr. Kirksey? A. Yes, sir. We were with the morphine? A. It was Mrs. 
 
trying to locate the different members of Moore's room. 
 
our family, to see where they were on that Q. Did you remain in. that room any 
 
night, as they were arresting everybody. time, or did you go to bed immediately as 
 
Q. Do you mean to say that they were you carried the medicine? A. I remained 
 
arresting everybody, or that there was an in the room; did not go to bed immedi 
 
apprehension thaf they were going to ately. 
 
arrest everybody? A. I mean that the Q. Can you form an idea of how long 
 
apprehension was very great of their arrest you remained in the room with your sister? 
 
ing everybody. 
 
A. It was more than an hour. 
 
Q. Was that apprehension that they Q. When you were in Dr. Kirksey's 
 
would arrest everybody, whatever might be room, in the early part of the night, did 
 
their politics: or was it confined to a par your mother come into the room or not 
 
ticular party? A. It was confined to a luring the time that you were there? A. 
 
particular party, because they supposed [ don't remember. 
 
them to be Democrats leaders of the Q. Was Dr. Kirksey up at that time, 
 
Democratic party. 
 
when you were in his room sitting up? 
 
Q. Yon don't mean to say, or do you A. He was lying on his bed. 
 
mean to say. that that was the reason, or Q. Had he retired or was he lying on 
 
that was what the people thought? A. top of the bed? A. He had retired. 
 
That was what the people thought to be Q. What induced you particularly .that 
 
the reason. 
 
night to go to his room after he had re 
 
Q. When you tried to locate the mem tired? A. It is a usual thing for me to 
 
bers of your family the night before, were go to his room every night after he retires. 
 
you able to locate Dr. Kirksey? A. I Q. For what purpose? A. Just merely 
 
was able to locate Dr. Kirksey. 
 
:o be with him and get the news of the 
 
Q. Be particular in stating from what lay he generally brings at night; he brings 
 
circumstances you were and are now able hem out. 
 
to locate Dr. Kirksey. A. Dr. Kirksey Q. Where was Mrs. Kirksey when you 
 
came home that evening after dark a were in the room with the Doctor that 
 
little after dark: we eat supper between night? A. She was in her room Dr. 
 
eight and nine o'clock our usual hour; lirksey's room. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Q. Have they any children? A. She Q. Does any one sleep in the room with 
 
has one child. 
 
you as a general habit, I mean? A. Yes, 
 
Q. Was the child at home that night? sir. 
 
A. The child was at home. 
 
Q. Who does? A. At the time my 
 
Q. Where was it? A. In its mother's cousin was sleeping with me. 
 
room. 
 
Q. Does any one sleep in the room with 
 
Q. Do you recollect whether Mrs. Mrs. Moore? A. Yes, sir. 
 
Kirksey and the child, or either of them, Q. Who does? A. Miss Wynne. 
 
were asleep when you were in the room Q. Do your rooms open into each other? 
 
talking to Dr. Kirksey? A. I don't recol A. They do. 
 
lect. 
 
Q. Would you or not be afraid to sleep 
 
Q. Do you remember whether Mrs. by yourself at night? A. I would be 
 
Kirksey had gone to bed? A. I don't re afraid. 
 
member. 
 
Q. Have all your sisters been in the 
 
Q. la your house or not fastened up at habit of having some one sleep in the room 
 
night? A. Our house is fastened up at with them? A. My sisters have all been 
 
night. 
 
in the habit of having some one sleep in 
 
Q. Who attends to the fastenings of the the room with them. 
 
house? A. I attend to the fastening' of Q. Does any one sleep with Mrs. Kirk 
 
the house. 
 
sey when the Doctor's out at night? A. I" 
 
Q. How are the windows and doors sleep with Mrs. Kirksey when the Doctor 
 
fastened? A. The doors are fastened with is out at night. 
 
bars; the windows are fastened with Q. Have you ever known Dr. Kirksey 
 
catches. 
 
to sleep out at night and no one to be in 
 
Q. Do you look into that thing the the room with Mrs. Kirksey? A. No; 
 
fastening of the house invariably, or she always calls me to her room when the 
 
only occasionally? A. I look into it every Doctor's out at night. 
 
night. 
 
Q. Why is this? A. Because she is 
 
Q. How are the windows fastened? A. naturally timid afraid does not like to 
 
They are fastened with catches. 
 
be alone. 
 
Q. Do either of the windows in Dr. Q. J?rom your knowledge of your sis 
 
Kirksey's room open, on a piazza? A. He ter's character and habits, do you believe it 
 
has two windows that open on a piazza. possible that Dr. Kirksey could have gone 
 
Q. How high is the bottom of the win out that night, and that she would not have 
 
dow from the piazza floor? A. I suppose called somebody to the room? A. From 
 
it is two or three inches. 
 
my knowledge of her character, I believe 
 
Q. Do they open down to the floor? A. that she would have called some one to the 
 
Nearly to the floor. 
 
room. 
 
Q. If those window blinds were not Q. Could Dr. Kirksey have got up out 
 
fastened on the inside would there be any of his bed and left that room, in which his 
 
difficulty in a person entering that room wife was that night, without her knowledge? 
 
from the outside? A. No, there would be A. He could not have done it. 
 
no difficulty in entering it. 
 
Q. Why do you say that he could not 
 
Q. Would you consider your house safe have done it? A. Because he generally 
 
from robbers if those window blinds were awakes his wife when he leaves, and would 
 
left open at night? A. We have some have made a noise at leaving. 
 
very bad dogs, and of course noise would Q. In making that noise at leaving, 
 
be made if any one would attempt to come would it have caused the dogs to have done 
 
in. 
 
anything? A. It would have caused the 
 
Q. Why do you fasten the house up? dogs to bark. 
 
A. We think it more secure to fasten the Q. Does not Dr. Kirksey know these 
 
house. 
 
dogs well enough to have quieted them im 
 
Q. How long have you .been in the mediately? A. Dr. Kirksey knows the 
 
habit of keeping the house fastened in that dogs, but could not have quieted them. 
 
way? A. I can not remember the number Q. Are they so very severe? A. They 
 
of years. 
 
are very severe. 
 
Q. Is it a number of years? A. Yes, Q. How do people manage to come there 
 
sir. 
 
and call him up at night, when they want 
 
 '88 
OtiTRA<JE IN 
 
medical attendance? A. They call at the the solemnity of my oath, I am willing to 
 
gate. 
 
swear that Dr. Kirksey was in my moth 
 
Q. How far's the gate from the house? er's house that night. 
 
A. I suppose it is about fifty yards. 
 
Q. Have yon read your mother's testi 
 
Q. Then they must have called very mony, given on yesterday ? A. I read the 
 
loud, do they not? A. They have to call first part. The cross-examination did not 
 
very loud. 
 
come out in the evening. Major Moses 
 
Q. Does that cause much barking eame to see me last night, after tea, and ad 
 
of the dogs? A. Yes; the dogs bark at vised me not to read the latter part of it. 
 
them. 
 
Q. Did not Major Moses advise you-not 
 
Q. Does it make noise enough to dis to read any part of it, and did not you- re 
 
turb the different members of the family, ply that you had already read a part of it ? 
 
at night, when these calls are made? A. A. Major Moses advised me not to:read 
 
It does make noise enough. 
 
any of it. I told him I had already read 
 
Q. Have you ever known these dogs to a portion of it. Then he advised me not 
 
run off persons who were coming there to to read the rest of it the cross-examina 
 
visit at night even before bed time? A. tion. 
 
I have known them to run them off. 
 
Q. Did Major Moses converse with you 
 
Q. When you speak of these dogs being upon the subject of testimony-last ; nigtt, 
 
severe dogs, do you mean that they are or and ask you what you could prove? -A. 
 
dinarily severe, or remarkably severe? A. Major Moses did converse- with me, and 
 
I mean that they are considered very severe. ask me what I could prove. 
 
Q. From your knowledge of the dogs, Q. Did you or not state to him what 
 
and the situation of Dr. Kirksey's room, you knew of the case ? A. I -told him 
 
would it have been possible for him to have what I knew of it. 
 
gone out that night without awakening his Q. Did he ask you'or not, act to Con 
 
wife? A. It would not have been possible verse with the rest of the family, in regard 
 
for him to have gone out that night with to what you could prove? A. I ihm\? he 
 
out awakening his wife. 
 
told me not I don't remember. 
 
Q. Do you say it was the invariable Q. Do you remember your yonnger 
 
babit of Mrs. Kirksey to call you or some brother coming up while he was conversing 
 
other member of the family to sleep with with you, and my sending him away ? A. 
 
her when he went out? A. I say she Yes, sir, I remember that. 
 
always did it. 
 
Q. Do you recollect how long after the 
 
Q. You say that Mrs. Moore was sick murder of Ashburn it was that Dr. Kirk 
 
that night were any other members of sey was arrested the first time-^when he 
 
the family sick that night? If so, state was carried to the Court-house? A. I 
 
who. A. There were three other members think it was a few days afterwards,. I don't 
 
of the family sick that night my brother, recollect exactly. 
 
Edward Sheppard. Dr. Kirksey's baby, and Q. You remember who1 was arrested at 
 
Miss Wynne. 
 
the same time ? A. I remember some of 
 
Q. "Were you or not attending upoa the parties Mr. Chipley, Mr. William Be 
 
these persons ? A. I was attending upon dell, and I think Mr. Barber. 
 
Mrs. Moore. 
 
Q. Any others you : remember ? A. I 
 
Q. Were you up most of the night, or don't remember any others. 
 
in bed most of the night? A. I was up Q. Do you recollect whether Mr. Tom. 
 
most of the night. 
 
Grimes was among the parties arrested at 
 
Q. Do you think it possible that any that time ? A. I think he was. 
 
one could have left the house that night Q. Do you recollect whether Mr. Co 
 
without your knowledge? A. I am cer lumbus Bedell was also arrested at that 
 
tain that no one could have left the house time ? A. I don't remember. 
 
without my knowledge. 
 
Q. Do you remember whether Tom. 
 
Q. Are you very much impressed with Grimes was running for any office at that 
 
the solemnity of an oath ? A. I consider an time candidate for anything or before 
 
oath very binding very solemn. 
 
that time? A. I think he was running 
 
Q. Under the solemnity of your oath, for some office. 
 
are you willing to swear that Dr. Kirksey Q. Do you recollect what it Was ? A. 
 
was in his house that night? A. Under No, I don't recollect. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
89 
 
Q* Do you remember what party he Q. I will repeat the question to you. 
 
was running a candidate of whether it Do you consider that you are taking an 
 
was the Radical or Democratic ? A. The oath unless it be administered by some one 
 
Democratic, of course. 
 
who has a legal right to administer it? 
 
Q. Do you recollect whether Mr. Chip- The counsel for defense objected. The 
 
ley was a leader of-either party in Colum Judge Advocate asked permission to with 
 
bus ? A. I recollect that he was. 
 
draw the question. A member of the 
 
Q. Which party ? A. A leader of the Court objected to the withdrawal. The 
 
Democratic party. 
 
Court then retired, and after due deliber 
 
Q. You remember whether Mr. Barber ation returned to the Court room and the 
 
was a Democratic candidate for anything ? Judge Advocate announced the decision of 
 
A. Yes, sir. I think he was. 
 
the Court, which was that the Judge Ad 
 
Q. Do you remember what it was ? A. vocate had leave to withdraw the question. 
 
I don't remember. 
 
The Judge Advocate then withdrew the 
 
Q. Do you recollect now, when Dr, question. 
 
Kirksey was arrested at the Court-house, Q. I understood you to say, in your 
 
what you thought he was arrested for, or direct examination, that the Yankees were 
 
did you have any idea what he was ar making arrests the next day after Ashburn 
 
rested for? A. Yes, sir; I had an idea, was killed; are you certain it was that day? 
 
and I remember what I thought he was ar A. I am certain that it was the next day. 
 
rested for. 
 
Q. Are you certain that the Yankees 
 
Q. "What was it ? A. I thought it was made any arrests before the Monday fol 
 
because he was such a strong Democrat. lowing the night he was killed? A. 1 
 
Q. When did you first learn that he was think they made other arrests. 
 
arrested in consequence of some connection Q. I asked you whether you are certain 
 
with the Ashburn murder? A. It was that the Yankees made any arrests before 
 
not long before this trial that I learned the Monday following the night on which 
 
that heard that. 
 
Ashburn was killed; you probably didn't 
 
Q. Whea you first learned that he was understand my question. A. I understand 
 
arrested for connection with the Ashburn your question: I said I think they made 
 
murder, did you or not feel perfectly satis other arrests. 
 
fied that you could establish his innocence? Q. What do you mean by "other" 
 
The above question was then objected arrests, when I ask you about "any" 
 
to by the Judge Advocate and withdrawn arrests? A. I mean because they had ar 
 
by the defense. In the mean time the wit rested one the day afterward; but there 
 
ness answered: "Yes; I felt perfectly easy were other gentlemen whom they arrested 
 
that I could establish his innocence." 
 
after that; I was thinking of them. 
 
Cross-examined--Questions Advocate. 
 
"by 
 
the 
 
Judge 
 
Q. May you not be mistaken about the Yankees having arrested any one the day after he was killed ? A. I don't think I 
 
Q. I understood you to say that you am mistaken. 
 
regard an oath as a very solemn thing, Q. Were not the arrests, made the day 
 
and very binding; does not that depend after he was killed, made by the civil 
 
somewhat upon the authority by which it authorities, and not by the " Yankees ?" 
 
is administered? A. I consider an oath A. I think the Yankees made the arrests. 
 
under all circumstances binding. 
 
Q. Why do you think so? A. Because 
 
Q. Do you consider an oath binding these gentlemen that they arrested were 
 
upon your conscience if administered by a Democrats, and the Yankees were very 
 
person who has no legal right to administer much opposed to them, and I supposed 
 
an oath? A. Yes; if I have taken an it was they that made the arrests. 
 
oath, of course I consider it binding. 
 
Q. Have you no other reasons for saying 
 
Q. Do you consider that you have taken the Yankees made the arrests except that 
 
an oath unless administered by some one the parties arrested were Democrats? A. 
 
having a legal right to administer it? A. The parties arrested were belonging to the 
 
I consider that I have taken an oath to Democratic Club, and I supposed that they 
 
day. 
 
were arrested on that account. 
 
Q. Answer my question, please. A. Q. Did you understand that the arrests 
 
That is the answer I wish to give. 
 
were made because they belonged to the 
 
8 
 
 HILITAET OUTRAGE IX GEOKGIA. 
 
Democratic Club or because they were' that be attended Democratic meetings in 
 
charged with the murder of Ashburn? A. the day time. 
 
Because they were strong leaders of the Q. Then when you swore that he did 
 
Democratic Club. 
 
attend them, you did not swear it of your 
 
Q. Is it the habit to arrest persons in own knowledge, did you? A. Yes, I swore 
 
Columbus simply because they are Demo- j of my own knowledge. 
 
crats. or belong to the Democratic Club? Q. Do you now swear that you know 
 
A. The Democrats were strong and were of your own knowledge that he did attend 
 
very popular, and these men wished to put them ? A. I swear of my own knowledge 
 
them down. 
 
i that I know he did attend them. 
 
Q. Who do you mean by <:these mea?" i Q. Did you ever see him at one ? A. 
 
A. I mean the Radicals the Yankees. ! I never saw him at one. 
 
Q. As the Democrats are very popular i Q. Then how can you swear of your own 
 
there, it is not regarded as a crime for knowledge that he was there ? A. Be- 
 
which they arrest persons, is it. that they! cause I have heard others say that he was 
 
belong to the Democratic party? A. "We | there attending a Democratic meeting, 
 
have thought these arrests were made be-' Q. When you hear other people make 
 
cause they were strong Democrats. 
 
i statements, can you swear to the truth of 
 
Q. Did you not understand at the same those statements from your own knowl- 
 
time that they were arrested because they' edge ? A. If I know the people well, and 
 
werec-harged with the murder of Ashburn? \ know what they say to be true, I can swear 
 
A. I understood no such thing. 
 
to what they say to be true. 
 
Q. Then you believe they were arrested Q. Is not that swearing from the confi 
 
simply because they were Democrats, did I dence you have In others and not from your 
 
you? A. I believe they were arrested be-' own knowledge ? A. It is swearing from 
 
cause they belonged to the Democratic | my own knowledge of the character of 
 
Club leaders of the Democratic Club, all! others. 
 
of them. 
 
Q. But can you swear to the facts of 
 
Q. Does Dr. Kirksey belong to the your own knowledge simply from your 
 
Democratic Club? A. Dr. Kirksey be- ! knowledge of the character of other per- 
 
longs to the Democratic Club. 
 
I sons. A. If I know a person to be truth- 
 
Q. Do you know whether the club is in ' ful I can swear to what they say to be 
 
the habit of holding its meetings at night.' true. 
 
and whether he attended. A. The clubf' Q. And swear it of your own knowl- 
 
was not in the habit of holding its meet-1 edge? A. I can swear it to be true. 
 
ings at night. Dr. Kirksey never attended| Q. Answer my question, please. (Ques- 
 
any Democratic meetings at night. 
 
tion repeated.) A. I can swear to it 
 
Q. Do you know when it did hold its from my knowledge of the truthfulness of 
 
meetings^ and how often ? A. I don't J others, 
 
know. 
 
Q. Do you now swear of your own knowl- 
 
Q. Then how do you know that they edge that Dr. Kirksey did attend these 
 
did not hold them at night? A. I know  Democratic meetings? A. I know the 
 
tlKit Dr. Kirksey did not attend them at: Democrats held their meetings in the day, 
 
eight. 
 
j and I know Dr. Kirksey was a strong 
 
I understood you to state in a for- i leader of the Democratic Club, and I know 
 
mer answer, that they did not hold their then that he attended them. 
 
meetings at night: do you intend to be so Counsel for the defense here submitted a 
 
understood ? A. I intend to say that Dr. document, of which the following is a 
 
Kirksey did not attend them at night. 
 
copy: 
 
Q. Did he attend the meetings of the "The counsel for the defense ask the 
 
Democratic Club in the day time? A. He j court to explain to the witness the difler- 
 
did attend them in the day time. 
 
ence between swearing to a fact as from 
 
Q. At what time in the day were they! her own knowledge and of swearing to a 
 
Leld ? A. I don't know. 
 
fact on the knowledge of others, because 
 
Q. Where were they held? A. I don't she has confidence in the truth of their 
 
know. 
 
statements. 
 
Q. Then how do you know that he at- 'We desire her to know that nothing is 
 
tended them? A. I have heard him say | of her own knowledge which she learns 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
91 
 
from otters, never mind how truthful Q. Who told you of their arrest? A. I 
 
those statements may be; it is then "belief, heard of them; I do not know who told me. 
 
not knowledge. 
 
Q. Do you know where you were when 
 
"With this explanation the witness can you heard of it? A. I do not remember. 
 
answer truthfully and understandingly." 
 
Q. Do you know that it was on account 
 
The court retired, and, after due delib of their being Democrats? A. I tliiak it 
 
eration, again entered the court-room, when was on account of their being Democrats. 
 
the witness was requested to withdraw for Q. How many persons had you heard 
 
a few moments, which having been com were arrested on account of their being 
 
plied with by the witness, the Judge Ad Democrats before the death of Ashbarn? 
 
vocate read the document aloud, and stated A. I do not remember. 
 
that he was directed by the Commission Q. Are you at all confident that you 
 
to instruct the witness according to the re had heard that any persons had been ar 
 
quest of the counsel for the defense. 
 
rested on that account before his death? 
 
The witness was then placed again on A. Yes; I think I had heard of it. 
 
the stand, and the Judge Advocate ex Q. But you can not state the place, nor 
 
plained to her the substance of the request time, nor the names of the persons who 
 
made by the counsel for defense. 
 
were arrested, nor of those who arrested 
 
The examination was then resumed: them? A. I can not state. 
 
Q. After the instructions which you Q. Soon after Ashburn's death did you 
 
have received from the court, do you now hear of anybody but Democrats being ar 
 
swear of your own knowledge that Dr. rested? A. I never heard of anybody but 
 
Kirksey did attend those Democratic meet Democrats being arrested. 
 
ings. A. Dr. Kirksey was a strong leader Q. Then what do you mean in your 
 
of the Democratic Club, and of course he answer to the direct question when you 
 
attended their meetings. 
 
spoke of promiscuous arrests? A. Other 
 
The Judge Advocate again explained to Democrats all of them; the town is filled 
 
the witness the difference between swear with Democrats; arresting them all; ladies 
 
ing to a fact of her own knowledge and of and children they thought even ladies 
 
swearing to a fact on knowledge derived and children were not safe; no one knew. 
 
from others. The question was then re Q. Were all the Democrats in town ar 
 
peated as follows: 
 
rested? A. The leaders of the Democrats 
 
Q. After the instructions which you were. 
 
have just received from the court, do you Q. By promiscuous arrests, then; you 
 
now swear of your own knowledge that mean simply the leaders of a particular 
 
Dr. Kirksey did attend those Democratic party? 'A. When they made these arrests 
 
meetings? A. No, I do not swear to it of of course we did not know for what reason 
 
my own knowledge, but I know him to be they were arrested, and did not know who 
 
a strong Democrat, and therefore he at else they might arrest. 
 
tended their meetings. 
 
Q. But you spoke of promiscuous arrests 
 
Q. Do you intend to state that you having been made; by that do you mean 
 
never suspected when the first arrests were simply the leaders of a particular party? A. 
 
made that they were ia any way connected I mean that they might arrest any of the 
 
with the death of Ashburn? A. I intend Democrats. 
 
to state that I thought the arrests were Q. But you spoke of what 7iad leen 
 
made because they were strong Democrats; done? A. Because they arrested some, 
 
I thought there was no other reason for and we did not know for what reason, ex 
 
the arrest. 
 
cept that they were Democrats, and as they 
 
Q. Were any arrests made of persons arrested them we did not know but that 
 
prior to the death of Ashburn because others of the Democrats might be arrested; 
 
they were Democrats? A. I do not re we didn't know that even ladies and chil 
 
member. 
 
dren were safe. 
 
Q. Had you heard of any? A. I think Q. Is that what you mean by "promis 
 
I had heard of some one. 
 
cuous arrests"? A. Yes; I mean arrests 
 
Q. How long before Ashburn's death? of ladies and children any of them. 
 
A. I do not remember. 
 
Q. When you say they had made pro 
 
Q. Who were they? A. I do not re miscuous arrests, do you mean, that ladies 
 
member. 
 
and children had been arrested? A. I 
 
 92 
 
3ULITA3.T OTJTBAGE IN GEORGIA. 
 
think we had heard of some lady being of the murder of Ashburn; not once 1 
 
arrested and sent off. 
 
heard of it at the time of this trial. 
 
Q. Was that immediately after Ash- Q. Were you not apprehensive prior to 
 
burn's death? A. I do notremember when that time, that he might be arrested on ac 
 
it was ; I think it was afterwards. 
 
count of his alleged connection with that 
 
Q. Who was the lady? A. I don't know murder? A. No; I apprehended no such 
 
her at all. 
 
thinsr. 
 
Q. Was not that arrest a month or two Q. Were you not apprehensive that he 
 
after Ashburn's death? A. I do not think might be accused of connection with it? 
 
it was. 
 
A. I was apprehensive of no such accusation. 
 
Q. Where did you hear she was sent to? Q. Then how was it that you charged 
 
-1. I did not hear the name of the place. your mind so carefully with the facts that 
 
? Was she sent out of Columbus? A. show that he was at home on the night of 
 
Q. I think she was. 
 
the murder? A. Because they commenced 
 
Q. Was that as much as a week after the arrests, and we did not know who might 
 
the death of Ashburn? A. I said it was be arrested not that we thought the accu 
 
some time afterwards. 
 
sation would fall upon him, but we just 
 
Q. I want your opinion as to definite went locating and finding where he was 
 
time. A. I can give no definite reply as that night. 
 
to time. 
 
Q. When did you first undertake to lo 
 
Q. When did you first suspect that Dr. cate him? A. After the first arrest was 
 
Kirksey had been arrested on. account of made, and before this arrest was made, we 
 
alleged connection with the death of Ash- discussed the matter. 
 
burn? A. I did not hear that Dr. Kirk Q. Well, if you believed he was arrested 
 
sey was arrested for the murder of Ashburn the first time on account of being a Demo 
 
until this trial; I never suspected that he crat, and not for any alleged connection 
 
was arrested for the murder of Ashburn with the Ashburn murder, why did you 
 
never once. 
 
undertake to locate him on the night of 
 
Q. Until when? A. I heard of this the murder? A. Because they had ar- 
 
trial, here at this trial. 
 
rested one without any reason, and we 
 
Q. Did you never hear before the trial didn't know but that they might make 
 
commenced that that was the cause of other arrests. 
 
the arrest of the Doctor? A. I never Q. Did you not state that that first one 
 
heard the cause of his arrest knew no was arrested on account of his connection 
 
reason. 
 
with the Democratic party, and not on 
 
Q. Did you not suspect the reason when account of his connection with the murder 
 
he was arrested the second time? A. No; of Ashburn? A. Tes, sir, on account of 
 
I never suspected such a thing. 
 
his connection with the Democratic Club. 
 
Q. I mean, did you not suspect when he Q. And without any reference to the 
 
was arrested the second time that he was murder of Ashburn? A. Without any 
 
arrested on account of alleged connection reference to the murder of Ashburn. 
 
with the Ashburn murder? A. No; I Q. Then why locate the place of Dr. 
 
never suspected such a thing. 
 
Krrksey on the night Ashburn was killed? 
 
Q. What did you suspect was the reason A. Because they had made arrests of this 
 
for the second arrest? A. I could assign one Democrat, and we didn't know but 
 
no reason for it. 
 
what they might arrest others. 
 
Q. Did you suppose that it was on ac Q. For what? A. We didn't assign 
 
count of his connection with the Democratic any reason for the arrest. They had made 
 
party? A. No reason was assigned for his one arrest without any reason, and we 
 
first arrest, therefore I could assign none thought it proper to discuss the matter. 
 
for his second; I supposed it was from that Q. Then why did you connect the dis 
 
cause. 
 
cussion with the night of Ashburn's death ? 
 
Q. Then you never suspected that he A. Because they had made these arrests 
 
was arrested, or likely to be arrested, on after the death of Ashburn they had 
 
account of alleged connection- with the arrested one Democrat, and we didn't know 
 
Ashburn murder, until about the time this but what they might arrest others follow 
 
trial commenced, did you? A. I never ing this murder, and of course we dis 
 
suspected of his being arrested on, account cussed the matter. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
93 
 
Q. Why did you connect the arrest of was a servant girl sleeping in Dr. Kirk 
 
that Democrat with Ashburn's death ? A. sey's room. 
 
I did not connect it with Ashburn's death. Q. How old is she? A. I suppose 
 
I said that they arrested him after Ash about fourteen. 
 
burn's death, and we could assign no rea Q. What time of the night did you 
 
son whatever for it. 
 
retire to bed I mean when you first went 
 
Q. Did you not understand that he was to bed ? A. I suppose it was somewhere 
 
arrested on account of Ashburn's death? near twelve o'clock when I left Dr. Kirk 
 
A. I did not. 
 
sey's room about there. 
 
Q. You say you did not understand Q. What is the usual time for the 
 
that, but still you connect the discussion family to retire ? A. I don't know the 
 
as to the whereabouts of Dr. Kirksey with time for the family to retire. I retire later 
 
the night of Ashburn's murder why? than the rest of them. I am the last 
 
A. Because they made this one arrest member of the family to retire. 
 
without any reason, and we didn't know Q. Which retired first that night you 
 
but that they might make others. 
 
or your mother ? A. I think my mother 
 
Q. How do you know that they arrested retired first. 
 
that one without any reason ? A. Because . Q. How long before you did? A. I 
 
I heard they could assign no reason for don't know. 
 
the arrest. 
 
Q. I understood you to state in your di 
 
Q. Then it was not a matter of personal rect examination that you always fastened 
 
knowledge on your part, was it? A. The the doors and windows at night; do you do 
 
matter was inquired into to find why the that every night? A. I do it every night. 
 
arrest was made, and no reason could be Q. Does not some other person in the 
 
assigned. 
 
family sometimes attend to it? A. My 
 
Q. Do you refer now to the first or last sister, fearing that I may neglect some of 
 
of these ? A. I refer to all the arrests. it, she goes round; my sister, Mrs. Moore. 
 
Q. And you never suspected that any Q. Is that so every night? A. Yes, 
 
of the arrests were made on account of that is generally the case. 
 
Ashburn's murder, till about the time this Q. Then you go round first and close 
 
trial commenced? A. I never suspected the doors and windows and your sister fol 
 
at all that it was on account of the murder lows round to see that you have done it 
 
of Ashburn; I heard the time of the trial well? A. Yes. 
 
that it was ou this account. I never sus Q. Does not some other member of the 
 
pected once that it was on account of the family sometimes close the doors and win 
 
murder of Ashburn. 
 
dows at nights? A. It has always been 
 
Q. Without any suspicion of that, then, a habit with me to close the doors and 
 
you had already located Dr. Kirksey at windows at night; I do it. 
 
home on the night of the killing of Ash Q. Does not some other member of 
 
burn? A. I located him because they your family do it some nights? A. They 
 
had made arrests, and didn't know but may look over it to see that it is well done; 
 
what they might make others; without any I do it. 
 
reason for making one, they might make Q. Do you intend to state then that no 
 
others. 
 
one else in the family closes them some 
 
Q. How many younger sisters have you nights? A. I intend to state that I never 
 
than yourself? A. I am the youngest. neglect it; I go round every night. 
 
Q. What members of the family were Q. Do you sometimes find that other 
 
in your mother's house the night that Ash members of the family have closed them, 
 
burn was killed? A. All the family, and before you get there? A. I always close 
 
two cousins I had staying with me at the them myself. 
 
time. 
 
Q. Do you not sometimes find them 
 
Q. Will you name each person who was closed when you get to them? A. No; I 
 
in the house that night? A. My father, always close them myself. 
 
mother, Mrs. Moore, Mrs. Kirksey, Mrs. - Q. Doesn't your mother close them 
 
Kirksey's child, my three brothers, myself, part of the time? A. I attend to the 
 
and two cousins. 
 
closing of the house myself. 
 
Q. Was there not a servant girl sleep Q. Do you swear that your mother does 
 
ing in the house that night? A, There not divide that duty with you she some- 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
times closing them and you sometimes? A. stayed there? A. I stayed in there all 
 
I swear that I punctually attend to the the time that he was in there. 
 
closing of the house. 
 
Q. What time of the night did he leave 
 
Q. And that your mother never does it? that room? A. He stayed in the room 
 
A. Mother never does it; I attend to it perhaps more than an hour. 
 
myself. 
 
Q. Give your opinion as to the time of 
 
Q. If I did not misunderstand you, night when he left the room. A. I can 
 
you stated that you went into Dr. Kirk not state definitely as to the time of night, 
 
sey's room every night to get the news of as we had no time, but I said it was more 
 
the day from him? A. It has been a cus than an hour. 
 
tom with me ever since Dr. Kirksey has Q. I asked for your opinion as to the 
 
been in our family to go and talk with him time of night he left tie room. A. I can 
 
at night. 
 
not give any opinion as to the time of 
 
Q. How long does it usually take him night, because we had no time; but I said 
 
to detail the news of the day to you? A. more than an hour. 
 
He does not confine himself to news of the Q. How long after he left that room 
 
day; he talks to me perhaps two or three before you went into his room? A. I 
 
hours. 
 
went in a little while afterward. 
 
Q. You stated that you were the last Q. The length of time, as near as you 
 
member of the family in the habit of re can recollect? A. I went in directly 
 
tiring; do you spend the last hours before afterward. 
 
your retirement each night in Dr. Kirfc- Q. As much as ten minutes afterward? 
 
sey's room? A. I sit in Dr. Kirksey's A. Ten or fifteen minutes about ten 
 
room every night before retiring. 
 
minutes afterward. 
 
Q. What time do you usually' leave his Q. What time was it, in your opinion, 
 
room at night? A. Generally after eleven when you left his room? A. It was near 
 
o'clock. 
 
12 o'clock when I left his room, or about 12. 
 
Q. What time does your mother gen Q. As you had no time-piece, how are 
 
erally retire? A. I don't know. 
 
you able to give an opinion in that case, 
 
Q. Have you not a time-piece in the when you could give none as to the time 
 
house. A. JTo: the clock is out of order. he left Mrs. Moore's room? A. I stayed 
 
Q. Then all you have stated about the in his room about two hours; it was about 
 
time of night is mere guess, is it not? midnight when I left his room; it was late 
 
A. Well, I guess from what I know to be i in the night, and I supposed it was 12 
 
our usual hours when we had the clock o'clock. 
 
running. 
 
Q. You stated that you could give no 
 
Q. What time did you. eat supper that ! opinion as to the time he left Mrs. Moore's 
 
night. A. We generally eat supper be- ! room because you had no time-piece; how, 
 
tweea eight and nine o'clock. 
 
'then, did you arrive at the conclusion, 
 
Q. What time did you eat supper that when you had stayed two hours, that it was 
 
night? A. We generally eat supper be 12 o'clock -when you left Dr. Kirksey's 
 
tween eight and nine o'clock. 
 
room? A. I was not definite as to the 
 
Q. What time did you eat supper that time; I said I supposed it was 12 o'clock. 
 
night? A. There would be no difference Q. Where did you go from Dr. Kirk 
 
between that night and others; we eat sey's room? A. I went into Mrs. Moore's 
 
supper between eight and nine o'clock. room. 
 
Q. Do you think it was nearer to eight Q. Where did you next go? A. I left 
 
than nine o'clock. A. I can not say. . Dr. Kirksey's room and then went to Mrs. 
 
Q. Are you certain it was between these Moore's room; then went to my own room 
 
hours? A. I think it was between these and retired. 
 
hours. 
 
Q. How long did you stay in Mrs. 
 
Q. How long after supper was it before Moore's room, after you left Dr. Kirksey's 
 
Dr. Kirksey went into Mrs. Moore's room? room, before you retired? A. A very 
 
A. Directly after eating his supper he little while. 
 
went into Mrs. Moore's room. 
 
Q. When you reached your own room, 
 
Q. Did you go in with him? A. I how long before you went to sleep? A. I 
 
went with him. 
 
don't know. 
 
Q. Did you stay all the time that he Q. Your best recollection is all I ask 
 
 MILITARY OUTBADE IN GEORGIA. 
 
95 
 
for. A. I don't know Low long it was be house call for any other person that night ? 
 
fore I went to sleep. 
 
A. I don't remember that I heard any 
 
Q. I didn't ask you for your knowledge; other. 
 
I asked you for your opinion. A. I don't Q. As you are very wakeful, could there 
 
suppose I went to sleep directly after re have been a call from a person in one room 
 
tiring. 
 
to a person in another, across the passage, 
 
Q. Would you say as much as a quarter without you having heard it? A. No, 
 
of aa hour? A. I can't say as to what there could not have been. I don't think 
 
time I went to sleep. 
 
there could; there could not have been any 
 
Q. Could it have been as much as half call without my having heard it. 
 
an hour? A. I can't say. 
 
Q. Are you prepared then to state that 
 
Q. Was it as much as an hour? A. I there was no such call ? A. I. said I 
 
don't suppose it was an hour. 
 
didn't remember anything about any call. 
 
Q. After you went to sleep were you up Q. As you remember everything else that' 
 
any more that night? A. I was up again took place so distinctly, is it not probable 
 
that night. 
 
that you would remember that if it 
 
Q. How long do you think you slept had occurred? A. I remember everything 
 
before you got up? A. I had retired per with regard to myself that was connected 
 
haps more than two hours when I was with the affair. 
 
woke again and sent to Dr. Kirksey's room. Q. Is it not most probable, that you 
 
Q. Who woke you? A. Mrs. Moore, would have heard a call of that sort, if it 
 
my sister. 
 
had been made? A. Probably I would 
 
Q. How long did you stay in Dr. Kirk have heard it. 
 
sey's room that time? A. I went to his Q. Then is it not your opinion that none 
 
door and knocked, asking for some medi such was made ? A. I don't remember 
 
cine; he answered me, got up and got the anything about it. 
 
medicine, and put it into my hand. 
 
Q. Did you hear any one of the doors 
 
Q. Where did you then "go? A. I went open that night? A. I don't remember 
 
back into Mrs. Moore's room. 
 
that I did. 
 
Q. How long did you stay there? A. Q. Did you hear Dr. Kirksey's door 
 
I stayed there a good while; Mrs. Moore open after you retired that night? A. 
 
was sick and I was waiting on her. 
 
Yes, I heard Dr. Kirksey's door open after 
 
Q. As much as an hour, do you sup I had got back into Mrs. 3Ioore's room, a 
 
pose? A. I suppose it was more than an second time, by my brother, who went 
 
hour. 
 
up after me. 
 
Q. Where did you then go? A. I Q. What is your brother's name. A. 
 
went back to my own room. 
 
Edward Sheppard. 
 
Q. Did you retire to bed again? A. I Q. Am I to understand you that he 
 
retired, but didn't go to sleep. 
 
went up after you when you went there ? 
 
Q. Do you sleep soundly, or are you A. After I had made my second visit up 
 
easily awaked? A. I am easily awaked. there, he went afterwards. 
 
Q. Are you not much more easily Q. He went after that time ? A. After 
 
waked of a night when you have been dis that time. I was in Mrs. Moore's after he 
 
turbed of your rest than of an ordinary came back. 
 
night? A. I am easily waked; I am al Q. Did you see him ? A. I saw him; 
 
ways easily waked. 
 
Mrs. Moore's door was open. 
 
Q. Do you not believe you would be Q. Didn't you hear Dr. Kirksey's door 
 
more easily waked of a night that you have or window open at any other time during 
 
been disturbed of your rest than when there the night? A. No, I don't remember 
 
is no disturbance? A. I believe I could hearing Dr. Kirksey's door or window open 
 
be woke up any time, for the least noise at any other time during the night. 
 
will wake me any night. 
 
Q. May not his door or window have 
 
Q, Did Mrs. Moore call you when she been opened at any other time during that 
 
wished to get the medicine ? A. Yes, she night, and you not have noticed it ? A. 
 
called me. 
 
His windows could not have been opened 
 
Q. Did you Hear any other call that without my noticing it. The door, too, 
 
night ? A. I don't remember. 
 
makes a noise, and, of course, \re would 
 
Q. Did you hear any person in the have noticed that. 
 
 96 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Q. Do you intend to state then, that Dr. mother come into Mrs. Kirksey's room. 
 
Kirksey's door or window was not opened A. I don't remember. 
 
that night, except the time when your Q. Was it before or after you retired to 
 
brother" went in ? A: I say, that if Dr. bed? A. She went in before my second 
 
Kirksey's door had been opened, they visit. 
 
would have made noise, and of course we Q. Was your second visit before or after 
 
would hare known it. 
 
you retired to bed? A. My second visit 
 
Q. May it not have been opened with was after I retired to bed. 
 
out you hearing it? A. The windows ? 
 
Q. Did you not leave your room door 
 
Q. Or door? A. No, the door would' open when yon went to bed? A. My room 
 
make a noise, and would have attracted at door was open, it opened into Mrs. Moore's 
 
tention, and the windows could not have room. 
 
been opened without attracting attention. Q. Did you not leave the door that 
 
Q. Might he not have opened the door opened from your room into the passage 
 
of his room; and come out, without at open when you went to bed? A. I don't 
 
tracting your attention ? A. He could not remember whether that was closed or not, 
 
have opened his door and come out, with- but we always leave the door between our 
 
our attracting some attention. I could two rooms open. 
 
have heard his door opened. 
 
Q. Did you see your mother when she 
 
Q. Can't a person walk through the hall went into Mrs. Kirksey's room? A. I saw 
 
then at night, without waking you? A. my mother before I went up into Dr. 
 
A person can't walk through the hall with Kirksey's room the second time; I went out wakin<r me. T-h-e-s-li-ghtest noise wakes into her room to get advice about going 
 
me. 
 
after the medicine. 
 
Q. Are you prepared to state then, posi Q. I repeat my question, did you see 
 
tively, that neither Dr. Kirksey, nor any your mother when she went into Dr. Kirk 
 
body else, opened his window or door that sey's room? A. No, I don't remember 
 
night, except the times when you and your whether I saw her. I don't think I saw her. 
 
brother went to the room ? A. I am pre Q. How do you know she went there? 
 
pared to state, that if anybody had at A. I saw her after she came down from Dr. 
 
tempted to open the doors or windows, it Kirksey's room; she was in her room. 
 
would have attracted the attention oi the Q. You didn't see her in Dr. Kirksey's 
 
family and my attention. 
 
room; then how do know she was there? 
 
Q. Didn't somebody else open it within A. She had not retired, she had just come 
 
your knowledge that night ? A. Do you down from; Dr. Kirksey's room. 
 
mean after I left ? 
 
Q. You state that you saw her in her 
 
Q. Yes. A. My brother opened it after own room; how do know she had come 
 
I had left the room my brother Edward. from Dr. Kirksey's room? A. Because 
 
I said he went there after some medicine. she said she had been up there. 
 
Q. By somebody else, I mean somebody Q. Then what you swear about it is hear 
 
other than yourself, or your brother ? A. say, and not knowledge, is it not? A. I 
 
I don't remember anything about that. know my mother had been up into Dr. 
 
Q. Did you hear Mrs. Kirksey call any Kirksey's room; what I swear to is what I 
 
body that night ? A. Mrs. Kirksey called know. 
 
my mother. 
 
Q. Can you swear that you" know she 
 
Q. Didn't she open the door when she had .-been there when you did not see 
 
called? A. Yes, I suppose she did. I her there? A. If she was up at that time, 
 
don't remember. 
 
I supposed she had been into Dr. Kirk 
 
Q. If she opened the door, did you not sey's room, and she told me so. She had 
 
hear it ? A. Yes, I could have heard the not retired. 
 
door, if she opened it. I don't remember Q. As you had retired, how can you 
 
about it. 
 
state that she had not retired? A. She had 
 
Q. Will you state positively, that Dr. not retired, when I went into her room to 
 
Kirksey did notopen his door or window and get advice about the medicine. 
 
come out of his room that night while Q. ~L believe' you said in substance 
 
you were asleep ? A. I can state that posi that that was .about 2 o'clock in the 
 
tively. 
 
mornirig^.dtt-'ypu now state that she had 
 
Q. What time of the night did your not retired until about 2 o'clock in the 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
97 
 
morning? A. I said it was some time after and then you were not in your mother's 
 
midnight that I went up to the door of room any more that night? A. I stated 
 
Dr. Kirksey's room the second time; I did that I went from Dr. Kirksey's room to 
 
not state any definite time. 
 
Mrs. Moore's, from Mrs. Moore's to my 
 
Q. Do you know what time your mother own room, and that I was afterwards waked 
 
did retire that night? A. I don't know. and went to my mother to get advice about 
 
Q. Then how do you know that she had the medicine. 
 
not retired before she went into Dr. Kirk- Q. What time of night was it that you 
 
sey's room? A. I say that she had been went to your mother's room to get advice 
 
up, I mean that she had not retired had about the medicine? A. I said I could 
 
not got to sleep at that time I didn't give no definite time; I suppose it was 
 
mean that she had not gone to bed, but she sometime after midnight; I can't state. 
 
was up. 
 
Q. How long did your mother stay in 
 
Q. Were you in your mother's room Dr. Kirksey's room? A. I dou't know. 
 
that night after you first went into Dr. Q. What is your opinion? A. I can 
 
Kirksey's room? A. I said that I went \ give no opinion in regard to it; I was not 
 
into Mrs. Moore's room after leaving Dr. up there with her. 
 
Kirksey's room. 
 
Q. Did you hear her whenvshe came 
 
Q. I will thank yon to answer my ques back from there? A. I dou't remember 
 
tion. Were you in your mother's room whether I heard her or not. 
 
that night after you first went to Dr. Kirk Q. Did you hear her when she went in? 
 
sey's room? A. After my first visit to Dr. A. I don't remember. 
 
Kirksey's room, I came back to Mrs. Q. If you can't remember that, how can 
 
Moore's room, from that to my room, and yon remember so distinctly that Dr. Kirk- 
 
then retired. 
 
sey did not go out that night? A. I said, 
 
Q. Were you in your mother's room at that no noise could have been made with 
 
any time that night after you first went out attracting attention; I may have heard 
 
into Dr. Kirksey's room? A. I could not my mother and did not remember it. 
 
have been in mother's room, if I went Q. If your mother might have made a 
 
directly to Mrs. Moore's and from there noise, and you not remember hearing it, 
 
into my own room. 
 
might not Dr. Kirksey have made a noise 
 
Q. If you were not in your .mother's and you not have heard it? A. If Dr. 
 
room, how do you know what time she did Kirksey had attempted to go out of the 
 
retire? A. I said I didn't know what windows it would have attracted the atten 
 
time mother retired. 
 
tion of the dogs. 
 
Q. Then how do you know she hadn't Q. I asked you if your mother might 
 
retired before she went into Dr. Kirksey's have made a noise and you not remember 
 
room? A. I said I didn't know whether hearing it, might not Dr. Kirksey have 
 
she had retired or not, but at that time she made a noise and you not have heard 
 
had not retired. 
 
it. A. I could have heard any noise; I 
 
Q. Was it not after you first went into said mother may have made a noise, but I 
 
Dr. Kirksey's room that you went into don't remember now about it; if Dr. Kirk 
 
your mother's room to get advice about the sey made a noise I would have heard it. 
 
medicine? A. I went into my sister's Q. As your mother may have made a 
 
room after leaving Dr. Kirksey's the first noise and you not remember it, may not 
 
time. 
 
Dr. Kirksey also have made a noise and 
 
Q. After the first time that you went to you not remember it? A. He might have 
 
Dr. Kirksey's room, did you not go into made a noise and I not remember it, but I 
 
your mother's room that night to get ad would have heard it. 
 
vice about medicine for your sister? A. Q. Was there anything to attract your 
 
I went into my sister's room and then to attention more particularly to a noise made 
 
my own room and then retired; then I was by Dr. Kirksey that night, than to a noise 
 
waked up by my sister to get medicine, made by any other member of the family? 
 
and then I went to my mother's room to A. No; I say I could have heard a ooise 
 
get advice. 
 
made by any of them. 
 
Q. Did you not state awhile ago that, Q. In what lot do your dogs stay? A. 
 
after coming out of Dr. Kirksey's room, No particular lot; they are around the 
 
you went into your own and then retired. house at all times of the night. 
 
9 
 
 98 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Q. Where are they in the day time? A. Q. When was that ? A. If I remem 
 
They stay in the yard in the day time. ber right, it was last fall not last fall 
 
Q. "Which yard? A. "We don't confine along in November or December, I think 
 
them to any yard. 
 
no. I remember it was after Christmas 
 
Q. Do you not confine them in the day that Dr. Kirksey I can't remember ex- 
 
time to the back lot? A. We don't con ! aetly in regard to it. I don't remember 
 
fine them; we don't tie the dogs. 
 
when he was there. 
 
Q. Do you not confine them to the back Q. Was it last year or this year? A. 
 
lot in the day time, by keeping the gates I think he moved there in December, and 
 
closed? A. The gates are closed, but the stayed there, probably two months; I don't 
 
dogs could jump the fence. 
 
exactly know- about that. 
 
Q. Are the gates open at night? A. I I Q. Does not Dr. Kirksey practice medi 
 
don't remember that they are open any cine ? A. Dr. Kirksey practices medicine. 
 
more at night than they are in the day: Q. And is he not county or city phy 
 
they may be left ajar; I don't know. 
 
sician? A. He was at one time county 
 
Q. Do you allow these severe dogs tore- physician. 
 
main in the front yard while your visitors Q. Does he have a great many calls ? 
 
approach in the day time? A. We allow A. Yes. 
 
them to stay about in the day time. 
 
Q. Does he practice at night when 
 
Q. Have they ever injured any visitor? called? A. Yes. 
 
A. Yes. they have gotten after persons and Q. Are not these dogs in the way of 
 
run them from the house. 
 
persons coming after him, when he is 
 
Q. Will you name such persons? A. wanted by patients ? A. They are in the 
 
Well, there were two persons visiting at the way-; they call at the gate for Dr. Kirksey 
 
house, that came to see me, Mr. Bond and those who come for him do they can 
 
Mr. Cooper. 
 
not come into the yard. 
 
Q. When was that? A. I don't remem Q. Was not his night practice better 
 
ber when it was; it was one night they came last fall than it has been this spring ? A. 
 
to see me. 
 
I don't remember that it was. 
 
Q. About how long ago? A. I can't Q. Has he had many calls at night this 
 
remember the time. 
 
spring? A. I don't remember that he 
 
Q. Was it this year? A. Yes, it was this has. 
 
year. 
 
Q. Can you remember any calls that he 
 
Q. Was it before or after Ashburn was had at night this spring ? A. I can. 
 
killed? A. I think it was afterwards, but Q. Can you remember more than three? 
 
don't remember. 
 
A. I can't remember the number, but I 
 
Q. Did the dogs injure either of them? can remember calls that he has had. 
 
A. No. but took after them. 
 
Q. Can you recollect as many as three ? 
 
Q. Did he ever run after anybody else ? A. I don't know how many he has had; I 
 
A. Yes, he runs after the negroes, or any don't recollect. 
 
body else who comes to the house; the Q. Are you sure he has had any night 
 
dog takes after them when he is about. calls since he moved back from the hotel 
 
Q. Does not Dr. Kirksey tease the dogs to your mother's house ? A. Yes, he has 
 
sometimes? A. Yes. 
 
night calls. 
 
Q. Do they ever try to bite him ? A. Q. Can you recollect more than three 
 
They jump at him when he kicks his feet calls that he has had at night since he left 
 
and cuts at them. 
 
the hotel, and came to your mother's 
 
Q. Did they ever try to bite him ? A. house? A. 1 can't recollect how many 
 
I don't remember. 
 
he has had. 
 
Q. How long has Dr. Kirksey been liv Q. Can you recollect a single one ? A. 
 
ing in your mother's house? A. Since Yes, I can. I have been up in his room 
 
his marriage. He boarded at the hotel when he was called. . 
 
awhile, and came back to our house to live Q. How often ? A. I don't remember. 
 
with us he has lived there mostly all the Q. Who came to his room after him 
 
time: he was in business inPensacola awhile. when you were there? A. We would 
 
Q. How long did he live at the hotel ? hear some one call at the gate for him, and 
 
A. I don't remember; I suppose two or some one would go out to see who it was; 
 
three months. 
 
some member of the family, perhaps. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
Q. Did that occur more than once ? A. remember it better than I could the open 
 
Yes, it occurred more than once. 
 
ing of a door. 
 
Q. Did it occur more than twice? A. Q. May you not have heard it at the time, 
 
I can't say how many times it occurred. and it attracted your attention, and not 
 
Q. Did the Doctor go when he was now recollect it? - Q. I don't remember 
 
called? A. He went when he was called. that any windows were raised that night. 
 
Q. Did you hear the dogs bark the Q. Please answer my question; may you 
 
night that Ashburn was killed? A. I not have heard it at the time and it attract 
 
don't remember hearing the dogs bark that your attention and not now recollect it? A. 
 
particular night; they generally bark at I don't recollect it; I said the dogs would 
 
night. 
 
have made considerable noise, and of 
 
Q. Were they not back in the servant's course that would have made me recollect 
 
lot that night? A. I don't remember it if a window had been raised, more than 
 
where they were that night; as I said the opening of a door. 
 
before, they go all round the house at Q. May not a door or window have 
 
night. 
 
been opened and the dogs barked that 
 
Q. Might they not have barked and you night and you now not recollect it? A. I 
 
not notice it ? A. They attract the atten think I would have recollected it if any 
 
tion of us all when they bark; when one window had been raised that night. 
 
barks, all of them bark. 
 
Q. Why do you think you would have 
 
Q. Did they attract the attention of all recollected it that night any sooner than 
 
that night ? A. I don't remember that any other night? A. Well, any other 
 
they did. 
 
night I think I would have recollected a 
 
Q. Do not the dogs bark at many little window being raised, because the dogs 
 
things about the house at night, such as make considerable noise when it is done. 
 
raising the window, or anything of that Q. Will you please tell me what nights 
 
sort? A. The raising of the window in the month of March windows were raised 
 
would attract the attention of the dogs. in your house? A. I don't remember; we 
 
Q. Does not the opening of a door frequently raised them and pulled them 
 
attract their attention ? A. The opening down again. 
 
of the outside door would have attracted Q. I understand you. to say if one had 
 
their attention yes. 
 
been raised that night you would have 
 
Q. Do not the dogs invariably bark at recollected it; why could you not have 
 
night when a window is raised? A. recollected if one had been raised any 
 
They do. 
 
other night? A. I say when windows are 
 
Q. Was any window raised in any part raised I can hear it distinctly, because they 
 
of the house that night? A. I don't re make more noise than the door. 
 
member that there was. 
 
Q. But do you recollect any other night 
 
Q. May it not have been so and you in the month of March when windows were 
 
not remember it? A. If a window had raised? A. Yes. I recollect nights. 
 
been raised a window was never raised in Q. Do you recollect whether there was 
 
that house without attracting my attention, a window raised on the night of the 20th 
 
because they make noise when they are of March in your house? A. No, I don't 
 
raised. 
 
recollect. 
 
Q. May it not have attracted your at Q. Do you recollect whether there was 
 
tention and you not now remember it? A. any raised on the night of the 25th of 
 
If a window were raised it would have at March? A. I said I didn't know; I don't 
 
tracted the attention of the dogs. I don't recollect that there was any raised that 
 
remember that any window was raised that particular night. 
 
night; I don't remember hearing the dogs Q. Do you recollect whether there was 
 
bark any more that night than they gen any on the night of the 26th? A. No, I 
 
erally do. 
 
don't. 
 
Q. May not this have occurred and you Q. Any on the night of the 27th? A. 
 
not now remember it? A. I think I could No, I don't recollect; I can't recollect ex 
 
remember the raising of a window more actly the time, but I know whenever the 
 
distinctly than I could the opening of a windows are raised we know it, for we 
 
door, because the window would make speak of it next day. 
 
more noise than the door; I think I could Q. Any windows raised on the night of 
 
 100 
 
MILITARY OUTBAGE 15 GEORGIA. 
 
the 28th of March and spoken of next generally bark a great deal when Dr. Kirk- 
 
day? A. I don't remember. 
 
sey comes near, because he has always been 
 
Q. Any on the 29th of March and in the habit of teasing them; I never saw 
 
spoken of next day? A. I don't remember. him quiet them; I never heard of him qui 
 
Q. Any on the night of the 31st of eting them down, because they always bark 
 
March and spoken of next day? A. I when he is near, because he has always 
 
don't remember. 
 
been in the habit of teasing them. 
 
Q. Was there any raised on the night Q. Have you conversed with your mother 
 
of the 30th of March and spoken of next about her testimony here, since she was 
 
day? A. I don't remember that there was sworn yesterday? A. I have not conversed 
 
any raised on the niaht of the 30th of with my mother. 
 
March. 
 
Q. Have you heard her converse with 
 
Questions T>y Brown. 
 
others about this thing? A. I have not heard her converse with others. 
 
Q. Can you mention any night in March Q. Do you stay at the same place where 
 
when the dogs did not bark from recol she stays? A. Yes, I stay with her. 
 
lection? A. No: the dogs generally bark Q. Have you been with her much since 
 
at night; it is a usual thing for them to yesterday? A. No, I have not been with 
 
bark at night. 
 
her much; I have been out most of the 
 
Q. Do they bark every night? A. Yes, time; I was out all yesterday evening, and 
 
sir: as a general thing they bark at night. with my mother and a gentleman out last 
 
Q. Did they bark on the night Ash- night; I was not alone with my mother 
 
burn was killed? A. I don't remember have not been with her alone. 
 
that they barked any more that night than Q. Did you say yon have not heard her 
 
they generally do. 
 
speak of her testimony? A. I have not 
 
Q. Do you remember that they barked heard her speak of it; she would not speak 
 
at all that night? A. No, I don't reinem- of it. 
 
ber that they did. 
 
Q. Has anybody else spoken to you 
 
Q. You would not state they did. not about her testimony? A. No one has 
 
bark, would yon? . A. No. but I would spoken to me about her testimony. 
 
state that they did not bark any more than Q. Did yoa not state that a Col. Moses 
 
they generally do, because if they had spoke to you about it? A. I said Colonel 
 
done so. it would hare attracted attention. Moses advised me not to read the examina 
 
Q. Did they bark as much as they gen tion ; when he came he asked me if I had 
 
erally do? A. Yes. I suppose they barked read it; I told him I had read the first 
 
just as much as they generally do. 
 
part of it; he advised me not to read the 
 
Q. Do yon state from yonr recollection latter part of it the cross-examination; I 
 
that they barked at all? A. I recollect did not read it; it didn't come out. 
 
that the dogs bark nearly every night. 
 
Q. Did Col. Moses tell you anything 
 
Q. Bo you recollect whether they that your mother had sworn? A. No, he 
 
barked that night? A. I hear them bark did not tell me anything my mother had 
 
ing nearly every night, and I supposed they sworn. 
 
barked that night: I don't recollect. 
 
Q. Did anybody else tell you anything 
 
Q. When the Doctor's patients called at she had sworn? A. No, I have not heard 
 
the gate, who usually quieted the dogs? anything that my mother swore. 
 
A. I do'n't know who quieted the dogs; I Q. Did yoa hear her evidence read over 
 
didn't go out into the yard to see who qui this morning here? A. I did not hear her 
 
eted the dogs. 
 
evidence read over here. 
 
Q. Anybody there who could quiet them? Q. When did yon and your mother first 
 
A. Yes, some of the family could qaiet converse about testimony you would give 
 
them. 
 
in this ease? A. I don't remember; I 
 
Q. Can any member of the family do conversed with Mr. Moses about the proof 
 
it? A. Yes, some member of the family I could give; I don't remember any con 
 
can quiet them. 
 
versation with my mother aboat it. 
 
Q. Can't each member of the family do Q. When was that? A. It was a few 
 
it? A. I don't know; I never saw them days ago that I had a conversatioD with 
 
try. 
 
Col. Moses. 
 
Q. Can Dr. Kirkseydo it? A. They Q. Did you never converse with any 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
101 
 
one else about it? A. Yes, I had stated rather than on the night before? A. Be 
 
to them that I could prove Dr. Kirksey's cause they had commenced making arrests 
 
innocence. 
 
and we did not know who might be arrested; 
 
Q. To' whom did you state that? A. I any of the family might be arrested. 
 
don't know; I don't remember to whom I Q. Were they arresting them for being 
 
had stated it: I may have said so to my Democrats on any particular night? A. 
 
mother or some of them; I don't remember. We supposed that they were arrested for 
 
Q. Can you name no person? A. No; being Democrats; we could assign no other 
 
I may have said to my mother that I could reason for their arrest. 
 
have proved it. 
 
Q. Was it for being Democrats on the 
 
Q. How long after Ashburn's death be night of the 30th of March, rather than 
 
fore you and your mother first talked about the 29th of March? A. The arrests were 
 
it? A. This subject was discussed; we made after the 30th of March, and of 
 
did not know, after they had made the first course we thought of that night. 
 
arrest, who would be arrested, and we com Q. Had the Democrats done anything 
 
menced the discussion of the subject in that night that was peculiar that they 
 
order to locate the different members of hadn't done on any other night? A. No: 
 
our family on the night of Ashbnrn's death. the Democrats had done nothing; we knew 
 
Q. Did you then say you could prove not why the arrests were made, and merely 
 
his innocence? A. I say we were trying located the different members of our family 
 
to locate where the different members of in regard to that night after the arrests 
 
our family were that night; we did not were being made the next day. 
 
know what the reason of the arrest was, Q. Did you think the arrests were made 
 
and we merely discussed among ourselves on account of their being Democrats on 
 
as to where they were located; we knew that particular night? A. I didn't know 
 
nothing about had no suspicion of their why the arrests were made. 
 
being arrested for the murder of Ashburn, Q. Did you apprehend that Dr. Kirk- 
 
but merely for the purpose of locating the sey would be accused of getting up and 
 
different members of our family, as they going out after he had gone to bed on that 
 
were making arrests at the time. 
 
particular night? A. I did not know what 
 
Q. When did you first say you could they might accuse him of, and we merely 
 
prove his innocence? A. I said I could wanted to locate him. 
 
prove his innocence when I heard of the Q. Why did you want to locate him on 
 
trial here and that he had been arrested that particular night, rather than any other 
 
for the murder of Ashburn. 
 
night? A. Because they had commenced 
 
Q. Did you never say so before that making arrests the next day after that night. 
 
time? A. I knew nothing before that Q. Did you suppose then that the arrests 
 
time as to what he was arrested for. 
 
made next day were for something that 
 
Q. Had you ever thought about the ne occurred that night? A. I did not know 
 
cessity of proving his innocence? A. I why the arrests were made could assign 
 
never had thought of the necessity of no reason; we merely wished to locate the 
 
proving his innocence before never sus different members of our family; we didn't 
 
pected his being arrested for the murder of know what accusation was against them. 
 
Ashburn. 
 
Q. Did you suppose that the arrests 
 
Q. You have stated that you understood were made that day on account of some 
 
the first arrests were made on account of I occurrence that had taken place the night 
 
. the persons arrested being Democrats. Is before? A. We did not know from what 
 
that the reason you thought it necessary to occurrence it sprung. 
 
recollect the facts and prove his innocence? Q. Did you suppose it was spoken of 
 
A. We did not know why any of the in the family that the arrests made that 
 
arrests were made; we merely discussed day were on account of occurrences that 
 
the matter; we wanted to know where the had taken place the previous night? A. 
 
different members of onr family were lo The arrests were made on the next day 
 
cated that night; we did not know why the after that night, and of course we were 
 
arrests were made. 
 
discussing what had happened that night 
 
Q. If you believe that the arrests were in our family. 
 
made because the persons were Democrats, Q. Did you suppose the arrests made 
 
why did you locate Dr. Kirksey that night were made on account of anything that did 
 
 102 
 
3IIUTART OUTRAGE IN GEORGIA 
 
happen that night? A. I did not know Q. Where was Dr. Kirksey the nest 
 
vrhat it happened from. 
 
night that is, the night after Ashbnrn 
 
Q. Did you suppose or believe it was so? was killed? A. He was in my sister's 
 
A. I have answered that question. 
 
room, Mrs. Moore's room. 
 
Q. Xo, you have not; I beg your par Q. AH night? A. All night? I reckon 
 
don; did you. suppose or believe th"e arrests he retired to his room. 
 
made that day were made on account of Q. Do you know that he retired to his 
 
anything that happened the night before? room that night? A. He went from her 
 
A. I said we did not know why. 
 
room yes; I know that he retired to his 
 
Q. I don't ask for your knowledge at room, for I am in the habit of going to Dr. 
 
all. but for your belief or supposition. A. Kirksey's room before retiring. 
 
I did not think of their being arrested Q. Were you at his room that night? 
 
from anything that happened that night. A. I stated that it was a habit for me to 
 
Q. Were you at home on the day after go to Dr. Kirksey's room after supper 
 
Ash burn's death? A. Yes, sir, I was at after we stopped talking in her room to go 
 
home. 
 
to his room and talk with him. 
 
Q. Were you there all day? A. Yes. Q. Please answer the question; were 
 
I think I was there all day. 
 
you there that night? A. As I was there 
 
Q. What time did you say you first other nights, I was there that night; I go 
 
heard of the death of Ashbum? A. I to Dr. Kirksey's room every night. 
 
said I heard it in the evening-. 
 
Q. How late did you stay.there that 
 
Q. Were you with your mother that night? A. I generally sit with him a long 
 
day? A. I don't remember whether I while. 
 
was with my mother any more that day Q. I don't ask generally, I say how long 
 
than I generally am. 
 
that night? A. I can give no definite re 
 
Q. "Whom did you first hear speak of ply as to the time I stayed there; I general 
 
it? A. I don't remember: I heard some ly stay there a long while. 
 
one: it was after dinner. I think, that the Q. Do you recollect what room you 
 
murder of Ashburn some member of the went from that night when you went into 
 
family. I believe. I heard speak of it. 
 
Dr. Kirksey's room. A. I think I went 
 
Q. Where was Dr. Kirksey that day? from my sister's room into Dr. Kirksey's 
 
A. I suppose he was attending to his busi room; he generally talks in my sister's 
 
ness. 
 
room; I think I went from there into his 
 
Q. Do you know where he was? A. I room. 
 
don't: I can't say positively; he was prac Q. Where did you go from his room 
 
ticing medicine, and I suppose he was at that night? A. I generally go through 
 
tending TO it. 
 
her room to go to my room. It is the 
 
Q. Did you see him that day; A. I nearest way into my room. 
 
saw him next morning at his breakfast; I Q. You say you generally go that way 
 
don't remember whether he came next day did you go that way that night ? A. It 
 
to his dinner or not; I saw him next night is the nearest into my room, and I suppose 
 
at his supper. 
 
I went that way that night. The door was 
 
Q. Did you see your mother at break open. 
 
fast that morning? A. My mother gen Q. Have you no distinct recollection 
 
erally attends at table, when we are all at about it? A. I have a distinct recollection 
 
breakfast. 
 
about going up into his room and talking 
 
Q. Did yon see her at breakfast that with him. and going back again. 
 
morning? A. Yes, sir; I think she Q. Have you a distinct recollection that 
 
yes. my mother was at breakfast. 
 
you went back from your sister's room? 
 
Q. Did you hear her or her servant say A. No, I have no distinct recollection with 
 
anything that morning, about breakfast regard to my going from my sister's room; 
 
time, about Ashburn being killed? A. but I suppose I went that way. It is the 
 
Xo; I heard nothing about Ashburn's nearest way. I am generally in the habit of 
 
death that morning. 
 
going through her room to go into my room- 
 
Q. When did you first hear Dr. Kirk Q. What time did you retire that night? 
 
sey speak of it? A. I heard Dr. Kirksey A. I say I am the Jast member of the 
 
speak of it I think it was after supper family to bed. I usually retire late; always 
 
the nest nisrht. 
 
late. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
103 
 
Q. I asked you what time you retired Q. Yes, Edward. A. Had the tooth 
 
that night? A. It may have been after ache. 
 
eleven o'clock that I retired, I don't know. Q. Recollect what was the matter with 
 
I can not give any definite time. I know Dr. Kirksey's baby that night what par 
 
it was late. 
 
ticular disease it was ? A. No, sir, I don't 
 
Q. Was there any sickness in the family recollect what was the matter. 
 
that night? A. I don't remember that Q. Do you remember what was the 
 
there was any sickness in the family that matter with your cousin? A. No, I don't 
 
night. 
 
remember with her. I suppose she had a 
 
Q. Had the four persons who were sick headache, or something of tha tkiad. 
 
the night before all recovered that night ? Q. It was nothing permanent, was it 
 
A. My sister may have been sick; she any permanent sickness? A.- No, sir. 
 
was sick the next morning. I don't re Q. Does Dr. Kirksey have his office, 
 
member her complaining that night. "We that he does his business in in the day 
 
were not up as much next night as we time, in Columbus, or at his house? A. 
 
were that night not so many sick. I Dr. Kirksey's office is in'Columbus. 
 
don't suppose there were many sick. 
 
Q. You have spoken of some calls that 
 
Q. Was Dr. Kirksey's child well that Dr. Kirksey had at night, in the spring of 
 
night? A. I don't remember whether it this year; do you remember whether they 
 
was well the next night or not. I only were before or after Ashburn's murder? 
 
know it was sick the night before. I don't A. He may have had some before and 
 
remember whether it was well the next some afterwards; I don't recollect these 
 
night or not. 
 
calls at night. 
 
Q. Were the other two members of the Q. Do you recollect the names of any 
 
family who were sick the night before, well of the parties that he was calledto see at 
 
that night? A. My little brother's face night? A. No; frequently he is called out 
 
was swollen; he had the toothache sick to a plantation to see some of the negroes; 
 
with the toothache, and he had taken I don't know whom he was called to see. 
 
something to ease his tooth. His face was Q. Is Dr. Kirfcsey at home much in 
 
slightly swollen. 
 
the day time? A. He takes breakfast 
 
Q. Was any member of the family sick there, and sometimes comes home to his 
 
the night before Ashburn was killed? A. dinner sometimes he doesn't; he comes 
 
I don't remember that there were any sick home to his supper. - 
 
the night before he was killed. 
 
Q. Does Dr. Kirksey see much of the 
 
Q. Can you mention any other particu dogs in the day time? A. Dr. Kirksey 
 
lar night when they were sick? A. My generally teases the dogs when he conies 
 
sister, Mrs. Moore, is in bad health, and home in the day time. 
 
she is frequently sick at night. There Q. You stated in the cross-examination, 
 
were more sick that night, that's the rea that you. did not remember the dogs bark, 
 
son I remember it more distinctly. 
 
ing more the night of Ashburn's death- 
 
Q. I must repeat my question. Can than any other night if any one had at 
 
you remember any other particular night, tempted to go out of the house that night, 
 
when any particular member of the family or any other night, would they not have 
 
was sick ? A. No, I can not remember barked more than usual? A. They would 
 
any particular night. 
 
bark a great deal if anybody attempted to 
 
go out make considerable noise but no 
 
more that night than they were accustomed 
 
Re-examined 1>y Moses for Defense. to do. 
 
Q. If any one passes in or out of your 
 
Q. Can you state what was the matter house after bed time, do the dogs make 
 
with Mrs. Moore that night particularly, such an unusual barking as would attract 
 
that required her to have medicine? A. the attention of the family? A. The dogs 
 
No, I can not state. She was nervous. make an unusual noise; it would attract 
 
She had a sick headache, or something of the attention of the family if anybody 
 
that kind, and she wanted some morphine. passed out. 
 
I went to the Doctor's room to get it. 
 
Q. You have stated repeatedly that you 
 
Q. What was the matter with your never knew that the reason of your -brother- 
 
brother that night? A. Edward? 
 
in-law's arrest was because of Ashburn's 
 
 104 
 
MILITARY OUTBAGE IK GEORGIA. 
 
murder, tut that you believed it was be rence that all the members of the family 
 
cause he was a Democrat? A. That was recollect it months afterwards? A. When 
 
my belief that it was because he was a any one gees out the dogs make an unu?ual 
 
Democrat. 
 
noise, and attract the attention of the fam 
 
Q. Do you mean to say that that was ily, of course we all speak of it after 
 
the real reason his being a Democrat in wards. 
 
your opinion? A. We thought that was Q. Is it remembered by each member of 
 
the reason. 
 
the family months afterward? A. I don't 
 
Q. Did you not suppose that the Ash- remember that we speak of it months after 
 
burn murder was an excuse for arresting ward. 
 
the Democrats? A. We did not suppose Q. Can you recollect any other par 
 
that they could have accused gentlemen of ticular night when the dogs barked at per 
 
such an act. 
 
sons going out that is remembered and 
 
Q. Does any one go round with you spoken of by the members of the family 
 
at night to carry a light when you go to now? A. I can not remember any par 
 
close down the windows and doors? A. ticular night. 
 
Sometimes, when it is late.fsome one goes Q. Can you recollect any time that there 
 
round with me, when I am late closing. was an unusual barking of the dogs at 
 
Q. Who goes with you? A. There is night that the family, in discussing the 
 
no particular one sometimes one goes matter next day, could not account for the 
 
with me; no particular one goes with me. way the barking occurred? A. I can not 
 
Q. Do'you usually go to breakfast as ear any particular time, but I know times that 
 
ly as the rest of the family? A. I do not go they have done it. 
 
to breakfast as early as the rest of the family; Q. Can you recollect any time that there 
 
I go there when they are at the table; I was an unusual barking of the dogs at night 
 
don't go as soon as they do. 
 
that the family could not account for? A. 
 
Q. Your father ever complain of your Yes, frequently the dogs barked at night 
 
going to bed too early or too late? A. and we could not account for it. 
 
Father complains of my going to bed too late. 
 
Questums ~by the Court. 
 
Q. You say that the last time you went Q. Has it been your custom, when 
 
into your mother's room she had not re arrests previous to the death of Ashburn 
 
tired, do you mean that she had not been have been made, to talk it over with the 
 
to bed before, or that she was then up? A. family and become cognizant of the pres 
 
I mean that she was up at that time; I ence or absence of Dr. Kirksey? A. I 
 
did not say that she had not been to bed state as before, after the first arrest was 
 
before. 
 
made we had discussed to find out among 
 
Re-cross-examined--Questions by 
 
Brown. 
 
ourselves night. 
 
and 
 
locate 
 
Dr. Kirksey 
 
that 
 
Q. I believe you stated that the dogs Q. Has it been your custom, when ar 
 
usually bark at a person going out at night? rests previous to the death of Ashburn 
 
A. Yes. I said the dogs make a noise have been made, to talk it over with the 
 
they bark the dogs bark. 
 
family and become cognizant of the absence 
 
Q. Is it always regarded so remarkable or presence of Dr. Kirksey? A. Before 
 
as to be remembered when they bark at a the murder of Ashburn, has it been our 
 
person going out at night? A. Yes, sir, custom to talk over these arrests? They 
 
when a noise is made it is always spoken didn't commence arresting they didn't 
 
of next day when the dogs make an un make any arrests. They made one or two 
 
usual noise; they make a noise when any arrests and we had talked over those; be 
 
one goes out. 
 
fore the murder of Ashburn they arrested 
 
Q. How long is it usually remembered a woman and we had spoken of that, but 
 
in the family when the dogs bark at a per I don't suppose we located him on those 
 
son going out would you say as much, as arrests. 
 
a month? A. We speak of it the next Q. Does it often occur that so many per 
 
day; we wish to know if the other mem sons in your family are sick the same night? 
 
bers of the family heard it; I don't knov A. Yes, sir; it frequently occurs. 
 
how long it is remembered. 
 
Q. When you heard of the death of 
 
Q. Is it regarded so unusual an occur Ashburn did the incident create much ex- 
 
 MILITARr OUTRAGE IN GEOBGIA. 
 
105 
 
citement or talk in your family? A. No; him to insert that fact on each day's record, 
 
it didn't excite any ; there was no great dating from the convening of the Commis 
 
excitement; I don't remember any unusual sion. The permission was granted. 
 
excitement. 
 
The counsel for defense requested that 
 
The Commission then adjourned until the record be made up so as to show the 
 
to-morrow morning at ten o'clock. 
 
names of those counsel who conduct the 
 
examination of each witness. 
 
BABBACKS, ATOAKTA, GA., "I The Commission gave instructions to the 10 o'clock A. MT July 9, 1868. / Judge Advocate to this effect. 
 
The Commission met pursuant to ad Mr. Davis, one of the phonographers to 
 
journment. 
 
the Commission, stated that he would be 
 
Present, same -members as yesterday, unable before to-morrow morning to have 
 
the Judge Advocate and his assistants, the his notes of yesterday's testimony tran 
 
prisoners on trial, and their counsel. 
 
scribed in full, and stated further, that the 
 
The record of yesterday's proceedings, taking of further testimony at present, 
 
and the testimony of Miss Woodville would, therefore, only retard the proceed 
 
Sheppard, up to and including question ings of the Commission. 
 
248, were read and approved. 
 
The Commission then adjourned until 
 
Miss "Woodville Sheppard, on hearing to-morrow at 10 o'clock A. M. 
 
her testimony read by the Judge Advocate in open Court, desired to make the follow 
ing corrections : Answer No. 12, add "I 
 
McPHERsoN BARRACKS, ATLANTA, GA. 1 10 o'clock A. M. July 10, 1868. / 
 
don't mean the Yankees, because some of The Commission met pursuant to ad 
 
them are Democrats, but I mean the Badi- journment. 
 
cals." On the 12th line of answer to Present, the same members as yester 
 
question No. 19, after the word " retired," day, the Judge Advocate and his assistants, 
 
add, "I went through Mrs. -Moore's room the prisoners on trial and their counsel. 
 
to go into my own room." 
 
The record of yesterday's proceedings 
 
Answer to question No. 21, correctly was read and approved. 
 
saying "There are three rooms on the That portion of the testimony of Miss 
 
side of the hall, mine is the third room but Woodville Sheppard, comprising questions 
 
the second from his." Answer to question No. 249 to 503, both inclusive, which 
 
114, add "By the Yankees I mean the the reporters had been unable to transcribe 
 
Radicals." Answer to question 197, add, until this morning, was then read aloud by 
 
" And Dr. Kirksey." Answer to question the Judge Advocate in the presence of the 
 
No. 205, add "My mother sometimes witness, who on hearing the same read, de 
 
goes round to look over it, for fear I may sired- to make the following corrections: 
 
have left something wrong." Answer to Answer to question No. 344, the witness 
 
question No. 215, add "Mother goes wishes to correct by saying, "it was either 
 
around sometimes with me, and afterwards, in December or January, I don't recollect 
 
perhaps, to see that it is well done." 
 
exactly." Answer to question No. 418, 
 
A motion was made that the balance of the witness wishes to add, "I mean the 
 
this witness* testimony be read over from subject of their arrest; I don't mean the 
 
the reporter's notes to witness, and that the subject with regard of proving their inno 
 
record be read to the Court when made. cence, because we didn't know what they 
 
The Judge Advocate asked that the Court were arrested for until this trial." 
 
might retire. 
 
The Court then put the following ques 
 
The Commission then retired, and after tions to the witness: 
 
deliberation, returned to the Court-room, and the Judge Advocate announced that 
 
Questions "by the Court. 
 
the motion was withdrawn. 
 
Q. Has any one suggested to you to 
 
The Judge Advocate stated to the Com make any corrections in any part of your 
 
mission that an omission had thus far been testimony -since you -were examined? A. 
 
made in the record of each day's proceed No one has suggested to me to make any 
 
ings, in this, that it did not show the fact corrections. 
 
that the prisoners on trial and their counsel Q. As the corrections made by you re 
 
are present each day. The Judge Advo fer in several instances to points where 
 
cate asked that the Commission empower your testimony does not fully agree with 
 
10 
 
 106 
 
MLITAET OUTRAGE IK GIOEQIA. 
 
that of your mother, have not you and 1 sent to Dr. Kirksey by my sister, Woodie 
 
your mother conversed about the evidence Sheppard. 
 
you. gave since you were examined? A. Q. Did you take the medicine? A. I 
 
Myimother has not conversed with me. did. 
 
Q. Have you conversed with any one Q. Did yon sleep any after that time. 
 
about your testimony since it was given? A. I did not. 
 
A. I have conversed with no one since it Q. Did you have any conversation with 
 
was given about it. 
 
Dr. Kirksey the next morning as to the 
 
medicine he had sent you? A. I did not. 
 
Questions for Defense ly Major Moses. 
 
Q. "Was it morphine? A. I thought it 
 
was morphine, but heard afterwards it was 
 
MBS. J. B. MOOBE, witness for the de quinine. 
 
fense, having been duly sworn, testified as Q. How far is your room from Dr. 
 
follows: 
 
Kirksey's. A. I don't know what dis- 
 
Q. What is your Dame? A. Mrs. tance. 
 
Moore. 
 
Q. I mean is it the next room or the 
 
Q. Where do you reside? A. Colum third room? A. It is the next room. . 
 
bus, Georgia. 
 
Q. Could yon hear noise from one room 
 
Q. Do you live in the city of Colum to the other? A. I could, but could not 
 
bus? A. I live in the suburbs in Win- hear what was said. 
 
ton. 
 
Q. Did the female members of your 
 
Q. Who lives in the game house with family ever sleep alone? A. They never 
 
you? A. My father, mother, brother-in- did. 
 
law. Dr. Kirksey. my sisters and brothers, Q. If Dr. Kirksey went out at night, 
 
and two cousins who are staying with us did Mrs. Kirksey remain alone? A. She 
 
for a few months. 
 
never did. 
 
Q. Do you remember the night on Q. Was it her habit to send for a mem 
 
which Ashburn was killed? A. I do. ber of the family, or did she go to their 
 
Q. What was the day. of the month? A- rooms? A. It was her habit to send for 
 
I don't know. 
 
some member of the family. 
 
Q. What circumstances do you remem Q. Was this occasional or invariable? 
 
ber it by? A. By several of the family A. It was occasional. 
 
being sick. 
 
Q. You say that Mrs. Kirksey sent occa 
 
Q. Piease state the particular occur sionally for some member of the family to 
 
rences that night that impressed it upon sleep with her when Dr. Kirksey was 
 
your memory. A. That night I was very away; then do yon mean to say that she 
 
sick with headache, and the next morning sometimes slept by herself when he was 
 
the servant came in and told me that Ash- away? A. I don't mean to say that she 
 
burn was killed. 
 
slept by herself. I mean that whenever 
 
Q. Was that the only occurrence of he was absent, she sent for some member 
 
that night that tended to impress it npon of the family to stay with her. 
 
your memory? A. No, there were several Q. You say you were awake all of that 
 
others of the family sick beside myself; I night after taking this medicine; had you 
 
was sick and I recollect the servant telling been asleep long before you sent for it? A. 
 
me about it nest morning. 
 
I had not. 
 
Q. What others of the family were sick? Q. What was the matter with you?, A. 
 
A. My sister's baby and my cousin A severe headache. 
 
and mv little brother were sick, and my Q, Could any one have gone out of that 
 
self. 
 
house that night without your knowledge? 
 
Q. What was the matter with your little A. They could not. 
 
brother? A. He had the toothache. 
 
Q. Why? A. Because I coald have 
 
Q. What was the matter with Dr. Kirk- heard the noise, 
 
Bey's child?. A. .It was threatened with . Q. Are you satisfied whether Dr. Kirk 
 
croup. 
 
sey went' out of the house that night or 
 
Q. Did you send for any medicine that not? A. I am. 
 
night? A. I: sent' for a dose of mor Q. Did he go out? A. He did not. 
 
phine. 
 
Q. Did he spend any part of the even 
 
Q. To whom and by whom? A. I ing in your room? A. He did. 
 
 OtTTftAtJK JS GEOftGJA. 
 
10? 
 
Cross-examination-- Conducted on behalf of the Prosecution^ by Governor Brown. 
 
she conie Without being called? A. I called her. 
Q. Where wag she when she answered 
 
Q. What time of night did you eat sap your call? A. She Was in the adjoining 
 
per that night? A. I don't know What room'. 
 
time, sir; we had no time-piece. 
 
Q. Doesn't your room join hers and Dr. 
 
Q. What Was your usual time to eat Kirksey's one oii each side? A. It does. 
 
supper? A. Between seven and eight Q. Which one of the adjoining rooms 
 
o'clock. 
 
wss she in? A. In the lower room. 
 
Q. Do you recollect whether you took Q. Was that her own room or Dr. 
 
supper that night about the usual time? Kirksey's? A. That was her room. 
 
At I do not. 
 
 Q. Do you know when she went from 
 
Q. Were yott at the sapper tahle with Dr. Kirksey's room to her own room? A. 
 
the family? A. I Was. 
 
I do not. 
 
Q. Was Dr. Kirksey thert? A. He Q. Do yoit know whether she went 
 
was. 
 
through your room or not? A. I do not. 
 
Q. Where did you go from th6 supper Q. Is there a door opening from your 
 
table? A. I west to my room. 
 
room into your sister's room. A. There is. 
 
Q. Where did Dr. Kifksey go? A, Q* Is there a door from each of your 
 
He also went to my room. 
 
rooms into the hall or passage. A. There is. 
 
Q. How long after supper did ho go to Q. Was your door left open or was it 
 
your room? A. A few momenta after closed that night? A, It was partially 
 
supper. 
 
open. 
 
Q. How long did he remain there? A. Q. Was that its condition when you 
 
I don't know how long. 
 
went to sleep? A. It was. 
 
Q. Please give as your best opinion. Q. Da yon mean the door into your 
 
A. About an hour or more. 
 
sister's room or the door into the hall. A. 
 
Q. What time of night was it, in your I mean the door into the hall. 
 
opinion, when he left your room? A. Q. Was the door between yours and 
 
About ten o'clock. 
 
your sister's room closed when you called 
 
Q. Where did he go from your foota? yotfir sister? A. I* was not. 
 
A. He went to his room. ' ; 
 
Q. After your sister went to Dr. Kirk 
 
Q. Did' you see him any more that sey's room and brought you the medicine, 
 
night? A. I did not. 
 
how long did she remain in your room? 
 
Q. How long after he1 left your room A. A few minutes, perhaps a half hour. 
 
before you went to sleep? J.. About a Q. Where did she then go? A. She 
 
half an hoar. 
 
went to her. room. 
 
Q. Have you any mesas of knowing Q. Did you see her any more that night? 
 
how long you slept? A. I have not. 
 
A. I did not. 
 
Q. Where was your sister that night Q. Where was your mother that night? 
 
who has been examined here. A. In the A. She was in Dr. Kirksey's room the 
 
room with me. 
 
early part of the evening, afterwards she 
 
Q. How long after supper did she go went to her own room, 
 
to your room? A. A few moments after Q. Do you know what time she left Dr. 
 
supper. 
 
Kirksey's room and went to her own-room? 
 
Q. How long did she stay there before A. I do not. 
 
she left yottr room? A. Abofct an hour 'Q. Do you know whether she was in 
 
or more. 
 
Dr. Kirksey's room, any more that night? 
 
Q. Where did she go from your room? A. I do not. 
 
.; : 
 
A. To Dr. Kir'ksey's room. 
 
Q. Are you very easy to wake? A. I am. 
 
Q. Do you know how Ion* she stayed Q. Could a person walk across the hall 
 
in Dr. Kirksey's room? A. I do not. j in fhe night without waking yon? A. 
 
Q. Where did you next see her after she They could not unless they should tread 
 
left your room for Dr. Kirksey's room? A. very easily; they could wake me with shoes 
 
In my own- room. 
 
on. 
 
Q. Was that after you had been asleep? Q. Could they not have walked across 
 
A. It was. 
 
the hall with shoes on without waking you? 
 
Q. Did you call her to tb* room or did A. They could not. 
 
 108 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Q. Could a person have opened a door or Q. What do you mean by an arrest of 
 
a window in that house that night without " this kind being made "? A. I mean ar 
 
waking you? A. They could not. 
 
resting the gentlemen of the place. 
 
Q. Did you hear any door or window Q. Did you never before hear of a 
 
opened in that house that night after you gentleman being arrested in Columbus? 
 
first retired? A. I did not. 
 
A. I don't recollect. 
 
Q. Do you intend to include an inner Q. Tou stated that you did not suspect 
 
door as well as an outer door? A. I do. that any member of your family would be 
 
Q. Could anyhody have called another arrested; did you suspect, when Dr. Kirk 
 
in that house without waking you? A. sey was first arrested, what he was arrested 
 
They could not. 
 
for? A. I did not; I merely supposed 
 
Q. Did you hear any such call? A. I that he was arrested as being a prominent 
 
did not. 
 
Democrat, and that they wanted to try and 
 
Q. Do you know what time of night implicate him in the murder of Ashburn. 
 
Dr. Kirksey's child was taken sick? A. 1 Q. When did you first hear he was 
 
do not. 
 
accused of any connection with the murder 
 
Q. Do you know what time your mother of Ashburn? A. I didn't hear of his be 
 
retired to bed that night? A. I do not. ing accused of any connection with the 
 
Q. Did you hear anything more of your murder of Ashburn. 
 
mother that night after you first retired and Q. Have you never heard that he was 
 
went to sleep? A. I did not. 
 
accused of any connection with it? A. I 
 
Q. I believe you stated it was always never did. 
 
a habit of your family for some one to Q. Do yon not understand that he is 
 
sleep with the females of the family; who now on trial under that accusation? A. I 
 
usually slept with your younger sister do now. 
 
the one who has been examined here? A. Q. Is to-day the first time you ever so 
 
My cousin was sleeping with her for the understood it? A. No; I supposed after 
 
last six months. 
 
their bringing them up here that the mili 
 
Q. You also stated, that when Dr. tary suspected that he was implicated in 
 
Kirksey was .absent at night, some mem the murder I mean, I supposed that he 
 
ber of the family slept with Mrs. Kirksey. was suspected by the military of being im 
 
Who usually slept with her in the absence plicated in the murder. 
 
of the Doctor? A. My sister, Woodie Q. When did you first suppose he was 
 
Sheppard. 
 
suspected by the military of being impli 
 
Q. Did any other member of the family cated in the murder? A. When they 
 
ever sleep with her in the absence of the brought him here. 
 
Doctor. A. I don't recollect. 
 
Q. Did you never hear that that was the 
 
Q. Tou stated that Dr. Kirksey couldn't reason of his arrest? A. I never did. 
 
have left the house that night without Q. What did you hear was the cause of 
 
your knowledge; was it not possible that the first arrest? A. We heard they didn't 
 
a window might have been raised and he know what he was arrested for. 
 
gone out, while you were asleep, without Q. Did you hear of any other arrests 
 
your knowing it? A. It was not. 
 
about that time? . A. I did. 
 
Q. Will you state the reason why you Q. Who? A. Mr. Bedell, Mr. Chipley, 
 
are able to be so positive, that the Doctor and several others Mr. Boper, Mr. Grimes 
 
was there on that particular night? A. I don't know the names of the others. 
 
Because, after hearing of the military ar Q. What did yon understand they were 
 
rests in Columbus, we were all trying to arrested for? A. I don't know; I only 
 
locate the male members of the family. supposed that, on account of their being 
 
Q. Why did you wish to locate them? Democrats, they were arrested as being im 
 
Did you suspect that any member of your plicated in the murder of Ashburn. 
 
family was to be arrested? A. I did not. Q. When did you first talk the matter 
 
Q. Is it a habit in your family always over in the family as to the necessity of 
 
to locate the members of the family the locating Dr. Kirksey on the night Ashburn 
 
previous night whenever you hear of an was killed? A. On the evening of the 
 
arrest the next day? A. It is not. be Doctor's arrest. 
 
cause we had never heard of an arrest of Q. Was that the first or the second 
 
this kind being made. 
 
arrest? A. The first arrest. 
 
 MILCTARr OUTRAGE IN GEORGIA. 
 
109 
 
Q. How long was that after Ashburn these hours ? A. Because the chicfeens 
 
was killed? A. I don%-know. 
 
were crowing for midnight until game time 
 
Q. What was said ia the family about after that, perhaps half an hour. 
 
it at the time? A. My mother said that Q. As you did not suspect that Dr. 
 
she could testify that Dr. Kirksey was at Kirksey would be arrested for the murder 
 
home on the night of Ashburn's murder. of Ashburn, why did you all think it ne 
 
Q. Why did she say she could give that cessary to locate him that night? A. We 
 
testimony? A. Because she was in his did not try to locate him until after his 
 
room off and on during the night. 
 
arrest. 
 
Q. I believe you stated awhile ago that Q. Was there nothing said in the fami 
 
you didn't hear her in his room after you ly the next day after Ashburn's death about 
 
first went to sleep; am I correct? A. I locating him ? A. There was not. 
 
didn't hear her in the room; I could hear Q. There was nothing said theu about 
 
the voices, but could not distinguish who locating him, until after his first arrest, 
 
they were that were in the room. 
 
was there? A. There was not. 
 
Q. I understood you to say that you Q. Do you feel very" confident that you 
 
didn't hear any one call after you went to are not mistaken in that statement ? A.I do. 
 
sleep and that you didn't know where your Q. Did you attempt to locate any other 
 
mother was after that time? A. I didn't member of the family that night ? A. We 
 
hear any one call; I heard my mother say did. 
 
that she was in the room and I heard a Q. Who? A. My brother, and all the 
 
number of voices, but I could not distin male members of the family. 
 
guish who they were. 
 
Q. Why locate only the male members 
 
Q. Did any other member of the family of the family ? A. Because they were ar 
 
say anything about locating him that night? resting gentlemen, not arresting ladies. 
 
A. My sister Woodie did; we all spoke of Q. Did you not suspect that ladies and 
 
it; all the family spoke of locating Doctor children would be arrested ? A. I did not 
 
sister Woodie in particular, and mother. know. 
 
Q. What did your sister Woodie say Q, Was there any talk in the family 
 
about it? A. She said she was in the room about the probability of arresting ladies 
 
at the time that they supposed Ashburn and children ? A. There was not. 
 
was killed. 
 
Q. What are the names of your broth 
 
Q. What time was that? A. Some ers whom you located that night ? A. An 
 
time between 12 and 1,1 suppose; we had drew and Albert. 
 
no time-piece. 
 
Q. Where was Andrew that night. A. 
 
Q. If yon had no time-piece, how did He was in his room. 
 
she know that she was in'the room .between Q. How were you all able to locate him, 
 
12 and 1? 
 
and know that he was there ? A. Because 
 
Objected to by Major Moses, on behalf his room was opening into the hall, and it 
 
of the defense. 
 
was open, and we knew that he was in his 
 
Gov. Brown I will withdraw that and room, as he was not in the habit of going 
 
put this question: 
 
out after night never goes out after night, 
 
Q. Did your sister state how she knew very^seldom, unless some of the school-boys 
 
the time of night, when she was in the come for him. 
 
room? A. She said she had heard the Q. How old is Andrew? A. Fifteen 
 
chickens crowing, and she supposed it was or sixteen I have forgotten which. 
 
after midnight. 
 
Q. Did you suppose there was any dan 
 
Q. What did you say about the time ? ger of his arrest on account of Ashburn's 
 
A. I supposed it was that time. 
 
murder? A. I did not. I only thought; 
 
Q. What caused you to suppose that didn't know who they might take up, and 
 
your sister was there at that time of night, try to implicate in this murder. 
 
as you were asleep ? A. I was not asleep Q. Is Albert older or younger than An 
 
at that hour of the night. I called her, drew? A. Younger. 
 
and sent her for morphine. 
 
Q. What is his age? A. Fourteen, I 
 
Q. What time did you send her for the think. 
 
morphine A. I suppose it was between Q. Did you have any fear of hir arrest ? 
 
the hours of twelve and one. 
 
A. I didn't know but what they might ar 
 
Q. Why do you suppose it was between rest him. 
 
 110 
 
JIILITAfcY OtJTA6B IN GEORGIA- 
 
Q. Where was he that night ? A. In Q. Do you remember the first time it 
 
his room. 
 
was spoken of when your sister Woodie 
 
Q. "Were either of these brothers lead was present? A. I do not. 
 
ing Democrats ? A. They are not They Q. Da you remember' whether she was 
 
didn't belong to any party. They are too ever present when it was spoken of? A. I 
 
young. 
 
do not. 
 
Q. Did you. suspect that any one but Q. Are you sure that your mother was 
 
leading Democrats would be arrested ? A. present when it was spoken of? A. Yes, 
 
I didn't know. I thought all who were in because she was speaking of it herself. 
 
favor of the Democrats might be arrested. Q. Who first mentioned the death of 
 
Q. Did you locate your father that Ashburn during that conversation? A. I 
 
night ? A. I did not. for my father never don't know; we were all speaking at once; 
 
goes out after night at all. 
 
I can't tell who first mentioned it. 
 
Q. "Was not most of the talk about lo Q. Are you sure your mother Was there 
 
cating Dr. Kirksey? A. It was, because then? A. I am. 
 
he was arrested. He was the only one bf Q. What time did you first hear of the 
 
the family that had been arrested, and we death of Ashburn? A. The morning 
 
didn't attempt to locate him until after his after his death one of the servants came in 
 
arrest. 
 
and told me. 
 
Q. How long after his arrest before you Q. Who was present? A. She told me 
 
did attempt to locate him? A. The even of it and I went and told the other mem 
 
ing of his arrest. 
 
bers of the family; I was the first one to 
 
Q. At- what time of the day was he ar hear it. 
 
rested? A.. I don't know. 
 
Q. What time Of the mottling was it? 
 
Q. "Was it in the forenoon or in the A. Directly after breakfast;' about eight 
 
afternoon ? A. I don't know what time he o'clock. I suppose. 
 
was arrested. I only heard it late in the Q. Where was your mother then? A. 
 
evening, between five and six o'clock, that In my room; I was in the hall. 
 
he was arrested. I didn't know at what Q. Did you tell your mother of it? A. 
 
hour he was arrested. 
 
I did. 
 
Q. Did you hear what he was arrested Q. Where was your sister Woodie 
 
for? A. I did not. 
 
then? A. I don't know. 
 
Q. Did you at that time suspect what Q. How long before you saw her? A. 
 
he was arrested for? A. I did not: I sup I don't know. 
 
posed afterwards that he might be arrest Q. Did you see her any more that morn 
 
ed as being a prominent Democrat, and ing? A. I don't recollect. 
 
they wanted to implicate him in the death Q. Was not she at home? A. Yes, but 
 
of Ashbum. 
 
she generally spends her mornings in study, 
 
Q. Was that your supposition the even and I hardly ever see her during the day, 
 
ing of his arrest? A. It was not. 
 
unless at meals. 
 
Q. When was that first your supposi Q. Where were your brothers? A. 
 
tion? A. The next day we commenced They were at school. 
 
speaking of it; we had not spoken of it Q. When you state you first heard of 
 
much the evening before; we only tried to Ashburn's death and told it to the other 
 
locate the Doctor, and the next morning members of the family, who do you mean 
 
we got together and talked about it to by the other members Of the family? A. 
 
know what they could have arrested them I mean my mother, cousins and sister, Mrs. 
 
for. knowing them to be innocent men. Kirksey. 
 
Q. Who was present during that con Q. Did it create any excitement in the 
 
versation? A. My mother, myself, my family? A. It did not; we all said we 
 
sister. Mrs. Kirksey, my two cousins, the was glad he was dead. 
 
Misses Wynne: I don't reeolleet any other Q. Did Mrs. Kirksey and youf bfothers 
 
members of the family being present. 
 
join ID that expression? A. We all did; 
 
Q. Was your sister Woodie present? A. I don't recollect about my brothers join 
 
I don't reeolleet. 
 
ing in, but I recollect the female members 
 
Q. Did yon have any more than one of the family delighting in his death be 
 
conversation? A. Yes, we have been ing glad to hear of it. 
 
speaking of it ever since their arrest. 
 
Q. Where was Dr. Kirksey at that time? 
 
 MILITARY OUTBAGZ IN GEOBGIA. 
 
Ill 
 
A. Dr. K. had left for town or some place, are trying to excite the negroes against 
 
I don't know where. 
 
us. 
 
Q. When did you next see him? A. I Q, Are you not 'apprehensive that the 
 
saw him that afternoon; that evening he influence of the class of people whom you 
 
came home to tea. 
 
call scalawags, may produce an insurrec 
 
Q. Did he say anything ahout Ashburn tion, in which women and children may be 
 
being killed? A. He did, and he said he killed; and it is not alone to that class of 
 
regretted to know that he was killed; that persons you refer when you say you wish 
 
it was so near the time of the ejection that they were all dead? 
 
his death would cause a great deal of ex Judge Advocate--I object to that ques 
 
citement among the negroes. 
 
tion as being irrelevant. 
 
Q. Why were the female members of Major Moses--I want to show how this 
 
the family glad he was dead? A. Because animosity arises. 
 
he was a Radical. 
 
Judge Advocate--I object. 
 
Q. How long did Dr. K. converse with Major Moses--I will not press the ques 
 
the family on the subject of his death? A. tion, sir. but I can not withdraw it. 
 
I don't recollect; he was talking to my The Commission then retired for deliber 
 
father about it, 
 
ation, and on returning to the court-room 
 
Q. Did the female members of your the Judge Advocate announced the decision 
 
family desire the death of all the Radicals? of the Commission, which was, that the ob 
 
The defense, through Major Moses, ob jection was overruled. 
 
jected to this question, but before the The question was therefore repeated to 
 
objection could be laid before the Commis the witness as follows: 
 
sion the witness answered "We do." 
 
Q. Are you not apprehensive that the 
 
A member of the Commission desired to influence of the class of people who you 
 
be informed whether the objection was call scalawags may produce an insurrection 
 
withdrawn or insisted upon. . ..... 
 
in which the women and children may be 
 
Major Moses, for the defense, then rose killed; and is it not alone to this class of 
 
and said: 
 
persons you refer, when you said you 
 
" I will state to the court that I have un wished they were all dead? A. It is. 
 
derstood from the little reading I have had, A member of the Commission presented 
 
that I could only make objections to this the following, which was read in open court 
 
court, through the Judge Advocate, and by the Judge Advocate: 
 
I did so as soon as I could possibly get " A member of the court asks that the 
 
to him. I don't withdraw the objection." record be corrected. As it now stands, it 
 
The question was answered before the appears that time was not given by the 
 
court had decided upon it., 
 
Judge Advocate for the objection to the 
 
A member of the Commission What question. It also would appear that the 
 
do you propose to do with it? 
 
court has not decided upon that objection, 
 
Major Moses--I don't propose to touch and therefore, as the record now stands, it 
 
it, sir. 
 
appears that no attention has been givea 
 
Re-examined by Major Moses. 
 
him. It should appear upon the record, if the counsel still objects or withdraws his 
 
Q. Mrs. Moore, you have said that the objection, or allows the record to stand, 
 
ladies of your family were glad to hear of question and answers, as it now is." 
 
the death of A., and that they desired the Counsel for Defense Major Moses la 
 
death of all the Radicals; you don't mean reply, presented the following: 
 
by a Radical, a person merely differing in " The witness having answered before the 
 
political opinion with a Democrat? A. Judge Advocate could possibly present the 
 
No, I mean a scalawag. 
 
objection to the court, defense withdraws 
 
Q. Do you understand a scalawag to be a its objection to the following question: 
 
representative of a party who is endeavor ' Did the female members of your family 
 
ing to excite 
 
desire the death of all the Radicals?' The 
 
Judge Advocate (to Counsel)--Don't be defense still having upon the record the 
 
quite so leadipg. 
 
answer of witness to the subsequent ques 
 
Major Moses--I want to get at what she tion propounded by the defense." 
 
means. 
 
The Commission then retired, and after 
 
Witness--1 mean by scalawags those who deliberation returned to the Court-room, 
 
 112 
 
MILITARY OUTRAGE IN GEORGIA. 
 
when the Judge Advocate announced that Q. Is the Doctor practicing medicine? 
 
it was the order of the Commission that A. He is. 
 
both documents just' read be placed upon Q. Is this the horse he drives regularly 
 
the record of proceedings as part of same. in his practice? A. It is. 
 
Questions 1y Moses far Defense. 
 
Q. Describe his buggy. A. Common buggy. 
 
EDWARD SHZPPAKD, a witness for de Q. Has it any top? A. It has. 
 
fense, hating been duly sworn, testified as Q. Can you give no other description 
 
follows: 
 
of it? A. I can not. 
 
Q. What is your name and age? A. Q. Is it old or new? A. It is a toler 
 
Edward; thirteen. 
 
ably new boggy. 
 
Q. Where were you the night of the Q. Does the Doctor usually travel in it 
 
Ashbwn murder? A. At home. 
 
when he goes to town and back? A. He 
 
Q. How do you know that you were at does. 
 
home? A. Having the toothache I went Q. Does he usually go to town and back 
 
into the Doctor's room to get something to every day? A. Yes, sir. 
 
put into it 
 
Q. What time of the night do you 
 
Q. How do you know that that was the usually eat supper at your house? A. 
 
night Ashburn was murdered? A. Be About 7 or 8 o'clock. 
 
cause next morning, when I went to school, Q. May it not be as late as 8 or 9 
 
we went down to see his body, and my face o'clock? A. It is not often at 9. 
 
was swollen up. 
 
Q. Is it not frequently as late as 8 
 
Q. Whom did you get the medicine o'clock? A. It is. 
 
from when you went to Dr. K.'s room? Q. Do you recollect what time you ate 
 
A. The Doctor himself came "to the door supper that night? A. I do not. 
 
and gave it to me. 
 
Q. Do yon recollect whether Dr. K. 
 
Q. Did you take the medicine imme was at supper? A. He was. 
 
diately or did you go anywhere before Q. Who else was there? A. No one 
 
taking it? A. I went through mother's else but the family. 
 
room and asked her whether it was too Q. Where did the Doctor go after sup 
 
much or not. 
 
per? A. Nowhere, as I know of. 
 
Q. Did you get to sleep after that from Q. Do yon know what time he went to 
 
the effects of the medicine? A. I went to bed? A. I do not. 
 
sleep a little before morning; not right . Q. Where was your mother? A. She 
 
afterward. 
 
was in her room. 
 
Q. Had you been asleep before you Q. Do you know what time she retired? 
 
took the medicine? A. No, sir. 
 
A. I do not. 
 
Q. What time did you go to bed? A. Q. Do you know whether she was up 
 
After ten o'clock, or some time after ten during the night alter she retired? A. 
 
o'clock. 
 
She was. 
 
Q. Did you lie in bed long before you Q. How often? A. I don't know. 
 
went to Dr. K.'s room? A. About two Q. Then how do you know she was up 
 
Lours and a half. 
 
at all? A. She was up when I came 
 
Q. Were you in much pain while you through her room to show her the medi 
 
were lying down? A. Yes, sir. 
 
cine. 
 
Q. Don't that make time seem very Q. What time of night was that. A. I 
 
long? A. I don't know, sir, about that. don't know. 
 
Cross-examined--Questions by Brawn. 
 
Q. Had you been asleep before that? A. I had not. 
 
Q. Has Dr. K. a horse and buggy? A. Q. Who put the medicine in your tooth? 
 
Yes. sir. 
 
A. She did. 
 
Q. Describe the horse. A. He is a Q. Do you know what it was? A. 
 
white horse. 
 
Morphine. 
 
Q. Entirely white? A. Yes, sir; he's Q. Did yon hear anything of your 
 
entirely white. 
 
mother that night after you went to your 
 
Q. Is he a large horse or a small horse? room? A. I did not. 
 
A. Middle-sized horse. 
 
Q. How long did you say it was before 
 
Q. Do you know about his age? A. No. you went to bed after you got to your 
 
 JJ1LITABY OUTRAGE IN GEORGIA. 
 
113 
 
room? A. I don't know; I stayed in the table, when Dr. Kirksey was present, and 
 
room by the fire awhile. 
 
in his hearing? [This question was ob 
 
Q. Do you know whether Dr. Kirkssee;y jected to by Major Moses for the defense, 
 
stayed there all that night or not? . and withdrawn by Gov. Brown, by consent 
 
don't know. 
 
of counsel.] 
 
Q. Where did you first see him next Q. What was said there in the family 
 
morning? A. At breakfast. 
 
that night about the necessity of locating 
 
Q. Where was the Doctor's room? A. where Dr. Kirksey was the night before? 
 
On the right-hand side of the hall. 
 
A. They were talking about the arrest of 
 
Q. How far from the entrance door? A. Mr. Bedell, and they said they could prove 
 
I don't know. 
 
that the Doctor was at home that night. 
 
Q. Was it the first, second or third Q. Who said that? A. They all were 
 
room? A. The first one. 
 
talking about it. 
 
Q. Any windows in it? A. There is. Q. Whom do mean by "they all?" A. 
 
:Q. How many? A. Four. 
 
The family. 
 
Q. Any of them open on to a piazza? Q. Can you mention any one who spoke 
 
A. Two of them. 
 
of it? A. I did myself. 
 
. Q. Might not the Doctor have got up Q. What did you say about it? A. I 
 
that night and gone out of a window with told them that I could prove that the Doe- 
 
out your hearing? A. I don't know. tor was there. 
 
Q. When did you first hear that Mr. Q. Did you mean that you could prove 
 
Ashburn had been killed? A. The next he was there all night? A. That he was 
 
morning. 
 
there the night Ashburn was murdered. 
 
Q. What time of the morning? J.. Q. But did you mean you could prove 
 
When I got to school, about ten o'clock. he was there all night? A.' He may not 
 
Q. Did you eat breakfast at home before have been there the first part of the night. 
 
you went to school? A. I did. 
 
He was at supper. 
 
Q. Did you not hear your mother or Q. What part of the night do you. 
 
Mrs. Moore speak of his death before you mean he may not have been there? A. 
 
went to school? A. I did not. 
 
The forepart, after supper. 
 
Q. I understood you that you went to Q. Where was he then? A. He may 
 
see his body; why did you go? A. It was have gone to see some of his patients. I 
 
twelve o'clock and all the boys were going don't know. ' 
 
down in town, and I went with them. 
 
Q. Do you recollect whether he went 
 
Q. When did you first hear the subject in his buggy? A. I do not. 
 
of his death discussed in the family at Q. Do you recollect how long after sup 
 
home? A. It was that night. 
 
per he started? A. I do not. 
 
Q. What was said about* it there? ' Q. Do you recollect what time he got 
 
[This question was objected to by Major back? A. I do not. He was in his room 
 
Moses in behalf of the defense, and with when I went after the medicine. He came 
 
drawn by Gov. Brown.] 
 
to the door. 
 
Q. Was Dr. Kirksey at home that Q. Then do you know whether he did 
 
night? A. He was. 
 
go? A. I don't know whether he did or 
 
Q. Was he present when you heard it not; but he did sometimes go after supper 
 
discussed in the family? A. I don't know. to see some patients. 
 
Q. I refer to the night after Ashburn's Q. Does he have many calls at night to . 
 
death; is that the night you refer to? A. see patients? A. He does. 
 
Yes, sir. 
 
Q. Did he have many about that time? 
 
Q. At what time during that night was A. I don't know exactly. 
 
it discussed in the family? A. I don't know. Q. How often upon an average do you 
 
Q. Give your best recollection. A. At think he was called out at night to see pa 
 
the table at supper. 
 
tients as much as once a week or oftener? 
 
Q. Did Dr. Kirksey take supper that A. Oftener. 
 
night with the family? A. He did. 
 
Q. Has that been the case all this year? 
 
Q. Did they all eat supper at once? A. A. It has while he was at home. 
 
Yes. 
 
Q. Did not he and his wife board at the 
 
Q. Now, what was said in the family hotel awhile in town? A. They did the 
 
about Ashburn's death at that time, at the first part of the year. 
 
11 
 
 114 
 
MILITABT OljTRAGE IN GEORGIA 
 
Q. Did he have as many calls at night the raising of a window? A- Because I 
 
.before the time they went to the hoteFas hear mother raise a window, and they still 
 
he has had since? A. I don't recollect bark at it when she is up. 
 
Q. Do you recollect that he has had fre Q. Who usually fastens down the win 
 
quent calfs at night since they returned! dows, and closes the.doors of a night, when 
 
from the hotel? A. He has. 
 
i the family retire ? A. My sister "Woodie. 
 
Q. Have you some severe dogs there? i Q. Does not your mother attend to that 
 
A. We have. 
 
I sometimes ? A. She goes with her some 
 
Q. Do they bark at persons who come times, to hold the candle. 
 
for him to go to patients? A. They do. Q. Does your mother never go and at 
 
Nobody can come into the yard at night tend to it herself? A. She does sometimes, 
 
after supper. 
 
| when my sister is sick. 
 
Q. Is that one of the reasons why you! Q. Is your sister Woodie often sick? 
 
know persons called for him frequently to j A. Not very often, 
 
see patients? A. It is. 
 
j Q. Do you know who closed the win 
 
Q. May you not have been mistaken dows the night Ashburn was killed ? A. 
 
about his having had many calls to go to She closed them. 
 
see patients at night, since be and his wife Q. Did you see her? A. She went 
 
returned from the hotel? A. I ana not. from my room to do it in the other part of 
 
Q. Where was Dr. Kirksey the night the house. 
 
before Mr. Ashburn was killed? A. I Q. Who closed them in Dr. Kirksey's 
 
don't know. He was at home at supper. room that night? A. She goes all over 
 
Q. Was it not his habit to go down in the house, and closes them herself. I 
 
town occasionally, to attend political meet don't know whether she done it that, night 
 
ings? A. I don't know unless it was for or not. 
 
Masonic meetings. He weat to them Q. Do you mean that she goes into the 
 
sometimes. 
 
. 
 
| rooms of the other members of the family, 
 
Q. Was he frequently .gone at night and closes the windows there? A. She 
 
when you did not know where he was gone? does. 
 
A. He was. 
 
Q. Why did you all consider it neces 
 
Q. What time of night did he usually sary to locate Dr. Kirksey on that night ? 
 
return when he went out? A. I don't! A. Because they were taking tip the Demo 
 
know exactly, as he was called any time of' crats, and be was a prominent Democrat 
 
night. 
 
j among the rest. 
 
Q. Is it easy to wake you when you are' Q. Whom had they taken up ? A. Mr. 
 
asleep? A. It is. 
 
j Bedell, I heard first, was taken up. 
 
Q. Did yon bear the dogs bark that! Q: What were they taking Democrats 
 
night that Ashburn was killed? A. Not! up for ? A. I don't kndw, unless they 
 
as^I recollect. 
 
j supposed them to be connected with the 
 
Q. Do they not bark very often at night?! murder of Ashburn. 
 
A. Not unless some one is about. 
 
Q. Do you know when Dr. Kirksey was 
 
Q. Don't they bark at the . slightest! first arrested? A. I don't recollect. 
 
noise, as the raising of a window or any | Q. About how long after Ashburn's 
 
thing of thai sort? A. They do. 
 
| death was it ? A. I don't know. 
 
Q. Do they always bark when a window! Q. Do you think it was as much as a 
 
is raised ? A. Not always. Not unless it week ? A. I don't know. 
 
is late at night. 
 
Q. Have you any opinion ? A. No, sir, 
 
Q. Are you generally awake late of a Q. Was aaything said in the family 
 
night? A. I am not. 
 
about locating Dr. Kirksey on the night of 
 
Q. Then how can you say that they! Ashburn's death, prior.to his first arrest? 
 
bark at a window raised late of a night?} A. There was. They were all talking 
 
A. They stay at my window, and wake me j about it. 
 
up sometimes basking, when mother's up Q. Why did they say it was necessary 
 
in her room. 
 
to locate him? A. Because they were 
 
Q. Is it the raising of the window or [ taking up the other Democrats. Every 
 
the barking of the dogs that wakes you? body thought they would take up their 
 
A. The barking of the dogs. 
 
children, their sons, and their fathers. 
 
Q. Then how do you know they bark at Q. Was any thing said about locating 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
115 
 
any other member of the family, except Dr. tooth, and the cavity in it that ached? Kirksey ? A. There was not. He was (Witness shows his tooth to the whole 
 
the only gentleman, except father, in 4he court.) 
 
house. 
 
The court then remanded the prisoners 
 
Q. Have not you a brother? A. I into custody, and adjourned until to-mor 
 
have. He is young. 
 
row morning at 10 o'clock. 
 
Q. Younger. than yourself? A. No, 
 
sir. Q. How much older? A. Two or three 
 
McPHEBSox BARRACKS, AXLAXTA, CfA., \ 10 A. M., July 11, 1863. / 
 
years. I don't know exactly. Q. Was nothing said in the family 
about locating him or you? A. No, sir. Q. Why did they think then that it was 
necessary to locate Dr. Kirksey? A. Be cause they were taking up other Demo crats, and they thought they would take 
up any one. Q. Did you expect all the Democrats 
would be arrested? A. I did not know. Q. Did you hear anything said in the 
family about arresting women and children? 
A. I did not. Q. Would you have heard it if anything 
had been said about it? A. I don't know 
that I would. Q, Did you ever have the toothache be 
fore that night? A. I had it sometimes 
before, Q. Was your face swollen before that 
night if so, how long? A. It was not; 
 
The Commission met pursuant to ad 
journment. Present, the same members as yesterday, 
the Judge Advocate and his assistants, the prisoners on trial, and their counsel. 
The record of yesterday's proceedings 
was read and approved. The testimony of the witness, Mrs. 
Moore, taken before the Commission yester day, having been read to her, she desired to make the following corrections: 
"Instead of saying that my sister oc casionally sent for some member of the family to stay with her, I wish to say she invariably does so when the Doctor is away. In saying that the ladies of our family de sired the death of all the Radicals, I meant only to say such Radicals as Ashburn, who were trying to excite the negroes against their former masters.'" 
 
that night was the worst I had of it. Q. How many days was your face swol 
 
Questions by JUajor Moses for Defetvse. 
 
len after you had the toothache that night? Miss CLIFFORD WTJJNZ. witness for 
 
A. About a day and a half. 
 
defense, having been duly sworn, testified 
 
Q. Give the substance of all' the con as follows: 
 
versation of yourself and family referred Q. What is your name and where do 
 
to by you, about the time of the arrest you reside? A. Clifford Wynne; I live 
 
stating all that referred to the killing of in Banks county, Georgia. 
 
Ashburn, arrest of parties, absence or pres Q. Where were you staying on the night 
 
ence of Dr. Kirksey on the night of the of Ashburn's murder? A. At Col. Shep- 
 
murder? A. They were talking about the j pard's. 
 
taking of Mr. Bedell, and they thought Q. Who else was staying in the bouse 
 
they would see whether they could remem-1 with you? A. Col. Sheppard's family. 
 
ber when he was at home; I don't remem- j Q. Any one else? A. No one else. 
 
ber what was said about the killing of' Q. Where was your sister at that time? 
 
Ashburn; they were talking about the ar A. She was there. 
 
rest of Democrats, and thought they would Q. Do you know whether Dr. Kirksey 
 
take up any of them that they supposed was at home that night or not ? A. Yes, 
 
were connected with the murder of Ash-' sir. 
 
burn; they were all talking about how they j Q. Were you well that night? A. I 
 
could see when he was at home and off, j had sick headache that night. 
 
and that he was there that night; I don't Q. Did you sleep much that night? A. 
 
remember all the conversation. 
 
i No, sir; I was awake nearly all night. 
 
Q. Was it a front tooth or a back tooth, Q. Did you hear any one come in or go 
 
or a jaw tooth that ached that night have j out of the house that night. A. I did not. 
 
you had it pulled out? A. It was a front j Q. Were there any other membeis of 
 
tooth; I have not had it pulled out 
 
the family sick that night? A. There 
 
Q. Can you show the court the unsound were three others sick. 
 
 116 
 
HIUTART OUTRAGE IN GEORGIA. 
 
Q. Who were they and what was the Moore's room? A. I slept with Mrs. 
 
matter with them? A. Mrs. Moore, Dr. Moore. 
 
Kirksey's baby, and Eddy Sheppard. 
 
Q. How long before you went to bed? 
 
Q. Do you know what was the matter A. I retired very late that night; had sick 
 
with them? A. Eddie had the toothache, headache. 
 
Dr. K.'s baby had the croup, and Mrs. Q. Do you usually sit up when you 
 
Moore had nervous headache. 
 
have the sick headache? A. I very often 
 
Q. "Whom did you occupy the room do. 
 
with? A. Mrs. Moore. 
 
Q. If you are very sick do you not lie 
 
' Croft-examined fcy Brown. 
 
down on the bed? A. Sometimes I do. Q. What time, in your opinion, did you 
 
Q. What time of the night did the lie down that night? A. About eleven 
 
family eat supper on that night? A. After o'clock. 
 
dark some time after dark. 
 
Q. How long before you went to sleep? 
 
Q. What time of the year was it? A. A. I did not go to sleep till nearly day. 
 
In March. 
 
Q. Did you and Mrs. Moore sleep on 
 
Q. What time of March? A. The the same bed? A. Yes, sir. 
 
latter part. 
 
Q. Do you know what time she went to 
 
Q. Do you recollect what day of the sleep? A. It was nearly day when she 
 
month? A. I do not. 
 
went to sleep. 
 
Q. What time does dark come in the Q. Had she been, to sleep at all before 
 
latter part of March? A. I don't know. you went to sleep? A. Yes. 
 
Q. Does it come earlier or later than it Q. How long before you went to sleep 
 
does in July? A. It comes earlier. 
 
had she been asleep? A. Not very long. 
 
Q. When you say the family had sup Q. Are you sure she did not go to sleep 
 
per after dark, what time of the night do before midnight? A. I don't know whether 
 
you mean it was? A. I don't know what it was before midnight or not. 
 
time of the night it was. 
 
Q. Have you not just stated that it was 
 
Q. Does not dark come about 7J o'clock nearly day? A. She had been asleep once 
 
in the latter part of March? A. I don't and waked up again: it was nearly day be 
 
know what time it comes. 
 
fore she went to sleep again. 
 
Q. How long after dark did they eat Q. Well, now tefl us what time it was 
 
aupper that night? A. I don't know; we when she went to sleep the first time. A. 
 
didn't have any time-piece. 
 
I can not tell; not having any time-piece, 
 
Q. Who were present at the supper I can not tell exactly when she went to 
 
table? A. Col. Sheppard and his family, sleep first. 
 
Dr. Kirksey. myself, and my sister Matty. Q. How long was it after you went to 
 
Q. Was Edward Sheppard there? A. sleep? A. It was some time after I went 
 
Yes. 
 
to bed. 
 
Q. Was Mrs. Moore there? A. Yes. Q. As much as two hours? A. About 
 
Q. The sick ones of the family all eat two hours and a half, I think. 
 
supper there, did they? A. Mrs. Moore Q. How long did she sleep? A. She 
 
took some cofiee. 
 
didn't sleep very long. 
 
Q. What did you take? A. I drank Q. What did she do when she woke? 
 
some cofiee. 
 
A. She called to Woodie to go to Dr. 
 
Q. Anything else? A. No. 
 
Kirksey's room for medicine for her. 
 
Q. What did Edward take? A. I don't Q. Where was Woodie when she called 
 
remember his being at the table; they her? A. In the next room adjoining ours. 
 
were all there bnt him. 
 
Q. After Woodie came back with the 
 
Q. What did Dr. Kirksey take for sup medicine how long did she stay in Mrs. 
 
per? A. I don't know what he ate for his Moore's room? A. She sat on the bed 
 
supper. 
 
some time. 
 
Q. Do you recollect what any other Q. As much as an hour? A. I sup 
 
member ofthe family took for supper? A. pose it was. 
 
Xo. I don't remember now. 
 
Q. May it have been two hours? A. 
 
Q. Where did you go after supper? A. I don't think it was two hours. 
 
I went into Mrs. Moore's room. 
 
Q. Think it was an hour and a half? 
 
Q. How long did you stay in Mrs. A. About an hour, I reckon. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
117 
 
Q. Where did Woodie go then? A. Q. In - what room of the house? A. 
 
She went to her room then. 
 
Second room on the right hand of the 
 
Q. Did you see her any more that night? hall. 
 
A. No. 
 
Q. Was that Mrs. Moore's room? A. 
 
Q. How long had you been at Col. It is. 
 
Sheppard's before Ashburn's death? A. <>. Who told you of Ashburn's death? 
 
Three months. 
 
A. I don't remember who told me. 
 
Q. Was Dr. Kirksey out at night fre Q. Didn't a servant come in and tell 
 
quently during that three months? A. No. Mrs. Moore? A. I think she did. 
 
Q. Do you recollect any instance in Q. Where was Miss Woodie at that time? 
 
which he was out at. night during that A. She was off studying; I don't know 
 
three months. A. No, I don't. 
 
where she was. 
 
Q. Did he not have calls from patients Q. Was it before or after breakfast? A. 
 
at night occasionally? A. Yes, he had I don't remember now. 
 
calls. 
 
f 
 
Q.  Have you talked with Mrs. Moore 
 
Q. Well, did he not go? A. Yes, he within the last twenty-four hours about 
 
went very often. 
 
where Miss Woodie was at that time? A. 
 
Q. Was he not then out at night? A. I have not. 
 
Yes, he was out at night 
 
Q. Have you read any of Mrs. Moore's 
 
Q. Were you not incorrect in the an testimony in the newspapers? A. I have 
 
swer you made a few minutes ago, that he not 
 
was never out at night during the three Q. Have you heard any of it read. A. 
 
months? A. Yes, I was incorrect. 
 
No. 
 
Q. Were his calls to patients frequent Q. Have you heard anybody speak of 
 
at night, during that time? A. I.don't re it? A. No, I have not. 
 
member whether they were frequent or not. Q. Are you and Mrs. Moore and Mrs. 
 
Q. Do you remember any call he had? Sheppard and Miss Woodie staying at the 
 
A. I don't remember any in particular. same house? . A. We are. 
 
Q. May you not be incorrect then when Q. Have you heard any conversation 
 
you stated he had any calls at night? A. since the court adjourned yesterday, about 
 
No, I don't think I am. 
 
what Mrs. Moore stated in her testimony? 
 
Q. Was Mrs. Sheppard usually at home? Q. No, I have not. 
 
A. Yes. 
 
Q. Any about what Miss Woodie stated? 
 
Q. If the Doctor had been called to pa A. No. 
 
tients at night would she have known it? Q. Any about what she did here in the 
 
A. Yes. 
 
court-room? A. I have heard a good deal 
 
Q. Was Edward usually there at night? of talk about how she acted. 
 
A. Yes, sir. 
 
Q. Did you hear nothing about what 
 
Q. If the Doctor had been called to pa she said or about what Mrs. Moore said in 
 
tients at night, would Edward have known their testimony? A. No, I have not. 
 
it? A. Yes. 
 
Q. Where was Edward Sheppard when 
 
Q. Was Mrs. Moore usually there at you first heard of Ashburn's death? A. 
 
night? A. Yes, sir. 
 
At school, I believe. 
 
Q. If the Doctor had been called to pa Q. What time did the family take din 
 
tients at night, would Mrs. Moore have ner that day? A. I don't remember what 
 
known it? A. Yes. 
 
time .they took dinner that day. 
 
Q. Did he not go at night sometimes to Q. What time do they usually take din 
 
attend meetings of the Masonic Fraternity? ner? A. About one o'clock. 
 
A. I believe he did. 
 
Q. Was Miss Woodie at dinner that 
 
Q. Did he not go sometimes at night to day ? A. I don't remember whether she 
 
attend the meetings of the Democratic was or not. 
 
Club? A. I don't remember his going. 
 
Q. When did you first see Miss Woodie 
 
Q. When he went out at night, did he after Ashburn's death? A. Some time 
 
usually travel in his buggy? A. Yes. next day. The day we heard of it. 
 
Q. When did yon first hear of the death Q. What did she say about it? A. I 
 
of Ashburn? A. Next morning. 
 
doa't know. 
 
Q. Where were you? A. I was at Col. Q. When did you first hear the ques 
 
Sheppard's. 
 
tion discussed in the family as to where 
 
 118 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Dr. Kirksey was on the night of Ash- to be taken in this case, and the evidence 
 
burn's death? A. When they commenced was read to the witness from the reporter's 
 
making the arrests of the young men be- notes. 
 
loncrine to the Democratic Club. 
 
The witness desired to make the follow 
 
Q. When was that? A. When they ing correction: 
 
arrested them and put them in the Court ! To question No. 61, which was, ' ' Well, 
 
house. 
 
I did he not go ? " to which witness answered 
 
Q. Was that the day after Ashburn's : " Yes, he went very often," witness wishes 
 
death ? A. It was when they arrested Dr. I to answer, " Yes, when he was called out to 
 
Kirksey. and put. him in the Court-house. I his patients, he went." 
 
Then we located where he was that night; found he was at home. 
 
Questions In/ Moses far Defense. 
 
Q. Do you remember when the Doctor ANDREW SHEPPAKD, a witness for de- 
 
was arrested ? A. I do not. 
 
i fense, was duly sworn, and testified as fol- 
 
Q. When you say the young men of the lows : 
 
Democratic Club, whom do you mean. A. I Q. What is your name, and where do 
 
All those that were arrested, and belonged ! you live ? A. Andrew Sheppard is my 
 
to the Club. 
 
name. I live in Winton, near Columbus. 
 
Q. Will you please name them ? A. I Q. Where were you on the night of 
 
am not acquainted with any of them ex Ashburn's murder ? A. At home. 
 
cept Dr. Kirksey. 
 
Q. Do you know where Dr. Kirksey 
 
Q. Then, how do you know that any was that night? A. He was at home be- 
 
body was arrested who belonged to the j tween ten and eleven o'clock, as far as I 
 
Democratic Club, except Dr. Kirksey? know. 
 
A. I heard it. 
 
Q. How do -you tnow -he waa at home 
 
Re-examined ly Mr. Moses. 
 
at that time ? A. Because I saw him go in his room. 
 
Q. Was Dr. Kirksey living at Col. Q. Do you know where he was the rest 
 
Sheppard's in the early part of the year, of the night? A. I do not. 
 
or was he living elsewhere ? living at Col. Sheppard's. 
 
A. He was | 
 
Cross-examined by Brown,. 
 
Q. Are you certain that Dr. Kirksey \ Q. What month and what time of the 
 
was living at Col. Sheppard's from the first , month was Ashburn killed? A. I think 
 
of January until the death of Ashburn, it was on the 30th March. 
 
first of March -just think it over? A. Q. What time does the sun set on the 
 
He did not live there all the time. 
 
30th March? A. I don't know. 
 
Q. Where did he live when he was not Q. Is not it a few minutes after 6 o'clock? 
 
there? A. Cook's Hotel. 
 
A. I don't know. 
 
Hereupon, the counsel for the defense Q. Are not the nights longer then than 
 
submitted the following paper to the Court, they are in July? A. They are. 
 
which was read by General Dunn, Judge j Q. What time does Mr. Sheppard's fam- 
 
Advocate: 
 
| ily usually take supper? A. About 8 
 
" In the ease of this witness, counsel for | o'clock. 
 
defense would state to the Court that they Q. Does that rule apply as well in the 
 
consent that the evidence be read over to winter as in the summer? A. Yes. 
 
her from the reporter's notes, and she be Q. In midwinter is not that about two 
 
permitted to make any corrections in it hours after dark? A. Yes, I think it is. 
 
that she may desire, and that the record Q. Does not 8 o'clock come now just at 
 
may be made up by the reporters from the dark? A. Yes. 
 
notes thus corrected, if the Judge Advocate Q. In the winter do the family take sup 
 
will give his consent; and if such consent per two hours after close dark? A. Yes, 
 
shall be granted, they ask the Court to al about that time. 
 
low this course to be taken in this case, as Q. Do they now take supper just at 
 
the witness lives in Banks county, and dusk? A. A little after dusk. 
 
wishes to leave for her home." 
 
Q. Is it not frequently after 8 o'clock 
 
General Dunn, Judge Advocate I eer: when the family eat supper? A. I don't 
 
tainly have no objection to that course. know; they take supper about 8 o'clock 
 
Whereupon the Court allowed this course generally. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
119 
 
Q. Who were at supper that night? A. \ Q. Where were you there when you first 
 
The family. 
 
heard of it? A. Down at the blacksmiths 
 
Q. Who were the family? A, My shop. 
 
mother and father, Dr, Kirksey and his Q. Keeollect the day of the week? 
 
wife, and my two cousins were there Mrs. A. No, sir, I don't; it was Tuesday or 
 
Moore and my sisters and brothers. 
 
Wednesday, I disrecollect. 
 
Q. What time did you go to bed? A. Q. Was Mr. Duke present at the shop 
 
I think L went to bed between 10 and 11 when you first heard the news? A. Yes. 
 
o'clock. 
 
sir. 
 
Q. Was it before you went to bed that Q. When did you go to Mr. Duke's 
 
you saw Dr. Kirksey go into his room? A. the father? A. Went the Sunday before. 
 
A little before I went to bed. 
 
A. How long did you stay there on that 
 
Q. Were you up any more that night? visit? A. Four days. 
 
A. No, I was not. 
 
Q. Was Mr. Duke, the accused, at his 
 
Q. Did you sleep with Edward? A. father's when you reached there on Sunday? 
 
No, I slept by myself. 
 
A. Yes, sir. 
 
Q. Was it in the same room with Ed Q. Do you know where he was the Sun 
 
ward? A. No, the room opposite Dr. Kirk- day night after you got there? A. Yes. 
 
sey's. 
 
sir. 
 
Q. With whom did Edward sleep? A. Q. Where was he? A. He was in the 
 
With my brother Albert. 
 
house with the balance of the family. 
 
Q. Who slept in the middle room oppo Q. Do you know where he slept? A. 
 
site Mrs. Moore's room? A. My mother. Yes, sir. 
 
Q. Who slept in the third room on the Q. Do you know who slept with him? 
 
side where your mother- slept? A. My A. Yes, sir. 
 
. brothers. 
 
Q. Who? A. I slept with him. 
 
Q. Where's the parlor? A. The parlor Q. Do you know where he was Monday 
 
is in a different part of the house alto night? A. Yes, sir. 
 
gether. 
 
Q. Where? A. He was there. 
 
Re-examined by Moses. 
 
Q. Do you know where he slept that 
 
Q. What were you doing between sup per and the time you retired? A. I was studying. 
Q Where were you studying? A. In the hall; the table at which I was studying is a.bout twenty feet from Dr. Krrksey's 
room. Q. Did you read there until you retired? 
A. Yes, I studied there. 
 
night? A. Yes, sir. Q. Where? A. Slept with me. Q. Where did you and he sleep? A. 
We slept in the house there. Q. Who else slept in the same room 
with you? A. His mother and father and some o/ his sisters slept in there. 
Q. Do you know where he was on Tues day night? A. Yes, sir. 
Q. Where? A. He was still there. 
 
C- T. ARBINGTON, a witness for the de fense, was then introduced and duly sworn. 
The Judge Advocate ordered all the 
witnesses whose testimony would refer to Mr. Duke, the accused, to withdraw from the room, so as not to hear any of the tes timony of Mr. Arrington. Mr. Arrington 
testified as follows : 
 
Q. Did you and he sleep together every night -while you were there during that visit? A. Yes, sir. 
Q. What day of the week did you return home? A. Thursday. 
Q. How far is it from there to Colum bus? A. Well, I don't know sir; I think they call it forty miles. I don't know myself. 
 
Questions by Stephens in behalf of the Q. What kin are you to the family? If 
 
defense. 
 
any, state what it is? A. Mr. Duke's 
 
Q. What is your name in full? A. C. mother is my sister. 
 
T. Arrington. Q. Where do you reside? A. Carroll Cross-examined by Judge Advocate. 
 
county. 
 
Q. Are you a man of family, sir? A. 
 
Q. Where were you when you heard of Yes, sir. 
 
the assassination of Mr. Ashburn? A. I Q. Where do- you reside? A. In Car- 
 
was down at Mr. Duke's. 
 
roll County. 
 
 120 
 
MILITARY OUTBAGE IN CffiOBGIA. 
 
Q. How far from the resideneee of your piece, I don't think; it was somewheres be 
 
brother-in-law. Dnke? A. About forty- tween nine and ten o'clock, I judge. 
 
three miles, 
 
Q. How many beds were in the room 
 
Q. How did you travel from your resi where you slept? A. I think there was 
 
dence to your brother-in-law's? A. I three. 
 
walked. 
 
Q. In what part of the room was the 
 
Q. Had you any business to take you bed located in which you slept? A. In 
 
there? A. JSFo, sir; none only just to go the back part of the room. 
 
on a visit. 
 
Q. What size room was this in which 
 
Q. How many days did it take you to you slept? A. I don't know, sir; it was a 
 
go from your residence to Duke's? A. A good large room. 
 
day and a piece. 
 
Q. How many doors did it have? A. 
 
Q. What kind of weather did you have Three doors, I think, to it. 
 
during the journey? A. I don't recollect Q. What direction did the front door 
 
exactly what sort. 
 
face? A. The big road. 
 
Q. Did you leave home Friday or Sat Q. What course? A. South, I think 
 
urday? A. On Saturday. 
 
it is. 
 
Q. Do yon remember whether or not it Q. South? A. Yes, sir, I think so. 
 
rained on Saturday? A. No, sir, I do not. Q. What direction was the bed in 
 
Q. Do you remember whether or not it which you slept in reference to that front 
 
rained on Sunday while you were pur door? A. Eight back to the right. 
 
suing your journey? A. No, sir; I don't Q. Do you. mean on the east side of the 
 
recollect whether it did or not. 
 
room, entering from the south, or west? 
 
Q. What time of day did you reach A. It is on. the south, side. 
 
DakVs? A. I got there about two hoars Q. You enter the front room from the 
 
by sun. I reckon, or more; a little more south that is, you enter it going north 
 
than that. - 
 
was the bed in which you slept on your 
 
Q. Was any person with you on your * right or on your left hand when so enter 
 
journey? A. JSTo. sir. 
 
ing? A. It was to the right. 
 
Q. Whom did you find at home at i Q. Was it against either wall of the 
 
Duke's on your arrival there? A. Just the house; if so, which wall? A. I don't 
 
family. 
 
know, sir, whether it was against a wall or 
 
Q. Was William Duke at home when not; I didn't notice. 
 
you arrived there? A. Yes, sir. 
 
Q. You don't know whether it was 
 
Q. Where was he? A. He was sitting against a wall or not, you say? A. No, 
 
by the fire when I went in. 
 
sir; I never noticed. 
 
Q. Was the weather cold? A* It was Q. Was it at the end of the house or 
 
not cold, but he was sitting by the fire. the side of the house you entered? A. At 
 
Q. Where did you spend Monday; the the end of the house. 
 
Monday following your arrival at Duke's? Q. Was it about the center of the end 
 
A. I was there at the blacksmith shop of the house, or was it in either corner? A. 
 
nearly all day. 
 
It was in the right-hand corner there. 
 
Q. Who worked in the blacksmith shop? Q. Where were their beds in that room? 
 
A. There was a negro man and one of Mr. A. In the other end of the room, to the 
 
Duke's brothers there. 
 
left. 
 
Q. Where was Duke's father? A. Well, Q. Will you name over all the persons 
 
he had been down below Columbus, and that slept ia that room on the Monday 
 
got home on the day I got there on night that you were there? A. Mr. Duke, 
 
b'uaday. 
 
his father and mother, and his two sisters 
 
Q. Well, where was he on Monday? A. slept there, and I slept there. 
 
He was there too. 
 
Q. Has not Duke a married sister? A. 
 
Q. In the blacksmith shop? A. Yes. Yes, sir; he has two or three of them. 
 
Q. Were you at the blacksmith shop all Q. Didn't one of his married sisters and 
 
day? A. I was not there all day; I was her husband sleep in that same room that 
 
at the house part of the day. 
 
night? A. He slept in the room adjoin 
 
Q. What time did you retire to bed ing the one I was in. 
 
that night? A. I don't know, sir, exactly Q. Has he not a married brother? A. 
 
what time; they did not have any time Yes, he has two. 
 
 1IILITART OUTRAGE IN GEORGIA. 
 
121 
 
Q. Didn't one of those married brothers Q. How far did you travel from home 
 
and his wife sleep in that same room that the first day you left? A. I went about 
 
night? A. No, sir, not as I know of. 
 
thirty miles, I believe. 
 
Q. Where did you spend the Tuesday Q. Where did you stay that night? A. 
 
following this Monday of which you have I stayed close to Dr. Pierce's. 
 
spoken? A. I stayed there at the shop Q. At whose house? A. I don't know, 
 
and at the house, backwards and forwards. sir, what the man's name is where I stayed. 
 
Q. "Where were you on the Wednesday Q. Did the man keep a tavern? A. 
 
following? A. I was there also; there No, sir. 
 
was several other men there; I don't recol Q. How far from Pierce's? A. It was 
 
lect their names now neighbors. 
 
not very far; I don't know exactly how far. 
 
Q. What is your business? A. I am a Q. Give your opinion. A. About three 
 
farmer. 
 
quarters of a mile, I think. 
 
Q. When did you say you first heard of Q. Where does Pierce live? A. Lives 
 
the murder of Ashburn? A. It was on in Merriwether. 
 
Tuesday or Wednesday, I don't recollect Q. On what road? A. On the Colum 
 
which. 
 
bus road, I think. 
 
Q. What time of the day was it when Q. Did you stop. before or after you 
 
you heard the news? A. I don't recol reached Pieree's? A. Before. 
 
lect; it seems like it was in the evening Q. Please describe the place you stopped 
 
like, but I ain't certain. 
 
at, so that a person could find it if it were 
 
Q. Can you recollect which of' these necessary to go there? A. It was on the 
 
days it was you heard the news? A. I top of the hill, a little house on the left- 
 
think it was Tuesday, but I ain't certain; hand side of the road; the house is built 
 
Tuesday or Wednesday. 
 
as a sort of double cabin. . 
 
Q. Who brought the news? A. I don't Q. What time was it when you stopped 
 
know, sir. It was some man in the settle there? A. After night awhile. 
 
ment who came to the shop that was telling Q. How far is the house where yon. 
 
it there; I don't know who. 
 
stayed from the road? A. Right close to 
 
Q. Were the nights about that time the road; just a few steps. 
 
moonlight or dark nights? A. Light Q. Is the front to the road, or the end? 
 
nights, I think. 
 
A. The front, I think. 
 
Q. Now recollect at what time of day it Q. Can you see Pierce's house from that 
 
was you heard the news? A. I don't house? A. Yes, sir; I think I can. 
 
know, sir; it was in the evening, I think. Q. Is there any stream of water between 
 
I am not positive, but I think it was the that house and Pierce's? A. Small branch. 
 
evening. 
 
I think. 
 
Q. Why do you think it was Tuesday Q. Is there any dwelling-house between 
 
instead of Wednesday? A. I don't know, these two houses? A. Yes, sir; there is 
 
sir, for certain, whether it was Tuesday or one on the right-hand side of the road. 
 
Wednesday; but it was one or the other of Q. Was the moou shining when you 
 
those days. 
 
stopped that night? A. I think it was a 
 
Q. Why do you say it was one or the little cloudy; I ain't certain. I think it 
 
other of those days? A. I don't know, was. 
 
sir, for certain, whether it was Tuesday or Q. Do yon know whether the moon was 
 
Wednesday. I don't know which of them shining or not? A. No, sir; I don't think 
 
it was. There were several at the shop at it was when I stopped there. It was a 
 
the time. 
 
little cloudy. 
 
Q. How do you know it was either of Q. Do you remember the nest night, 
 
these days Tuesday or Wednesday? A. whether the moon was shining or not? A. 
 
I know by the time they said he was killed; No, sir, I don't. 
 
it was on the 30th March, and it was a day Q. You don't remember, then, whether 
 
or two afterward when we heard it. 
 
Sunday night was moonlight or not? A. 
 
Q. Do you know what day of the week I don't recollect whether it was moonlight 
 
the 30th of March came on? A. It was or not. 
 
on Monday, I think. 
 
Q. How was it the Monday night fol 
 
Q. Do you know? A. I got there on lowing; was it a moonlight night or not? 
 
the 29th; Monday was the 30th. 
 
| A. I don't xecolleet. 
 
12 
 
 122 
 
MILITARY OUTRAGE IS GEORGIA. 
 
Q. How was it Tuesday night: was tion of a place if a stranger wanted to find 
 
that a moonlight night or not. A. I don;t : it; can't you tell what road he lives on? 
 
recollect. 
 
A. He lives on what is called the Five- 
 
Q. How was it "Wednesday night? A. notch road, that r.uns up and down by the 
 
I don't recollect, sir. 
 
Chattahooehie river. 
 
Q. Don't you remember whether these! Q. When did you arrive at home? A. 
 
were dark nights or light nights? A. I On Saturday. I think. 
 
think that the Moon was shisins at that Q. How long were you absent from 
 
time, when it was not cloudy. 
 
home? A. I think it was six days. 
 
Q. What time did you leave Duke's to Q. Can you describe the man that kept 
 
go home? A. I left there on Thursday?! the house where you stayed the first night 
 
Q. What time of the day? A. Soon in I after you left home? A. He is a low, 
 
the morning. 
 
chunky man. 
 
Q. How far did you travel the first day? > Q. What was his age? Give his ago 
 
A. I don't know exactly. I come eight and the color of his hair, so that we would 
 
miles this side of Lagrange. 
 
know him if we saw him. A. He was a 
 
Q. Where did you stay that night? A. black man. 
 
I stayed with my father-in-law. 
 
Q. Then you can easily tell what the 
 
Q. What is his name and where does he color of his hair was. A. Yes; his hair 
 
live? A. His name is Ronalds; he lives was black: I don't know what his age is; 
 
ic Tronp county. 
 
I reckon forty or forty-five. 
 
Q. How many miles did you travel that | Qf\. THTas Thuex a nw.tifffet?? AA. V Y^es, I guess so: 
 
day? A. I don't know, sir,'what distance. I there was a woman there. 
 
Q. What time was it when you arrived j Q. Describe the size and appearance of 
 
at Your father-in-law's house? A. It was I the woman. A. She was a good large size; 
 
in the evening, just before night. 
 
looked like she weighed two hundred. 
 
Q. Do you remember whether that was Q. What appeared to be the age of the 
 
a moonlight night? A. ]Ju>. sir; I think oldest child? A. I don't know, sir; I 
 
it rained that evening, and I think a little didn't see all the children didn't go iato 
 
that night: I ain't positive. 
 
but one end of the house. 
 
Q. How long did you remain at your Q. When did you first hear that Duke 
 
father-in-law's? A. I stayed there until was accused of being connected with the 
 
Friday. 
 
I murder of Ashburn? A. Last night was a 
 
Q. Where did you go to from there? week a<ro. 
 
A. I went home then. 
 
Q. Where were you when you heard it? 
 
Q. What is the distance from your A. At home. 
 
father-in-law's to your own house? A. It i Q. Who communicated the information 
 
is about I don't know exactly how far it j to vou? A. Mr. Duke's brother. 
 
is. 
 
"Q. Which brother? A. Wayne. 
 
Q. You must know something about it; Q. How does it happen that after so 
 
tell me your opinion. A. Between 35 | long a time you are able to remember so 
 
and 40 miles. I think. 
 
particular by a circumstance that occurred 
 
Q. What time of the day did you leave about the 30th of March? A. Well. I 
 
yoar father-in-law's house? A. Soon in recollect about being there and hearing 
 
the morning. 
 
them men speak about that man being 
 
Q. Did you reach home the same day? killed, about the 30th; I knew he was 
 
A. No. sir. 
 
there that time. 
 
Q. Where did you stay that night? . A. Stayed with my brother-in-law, in the room 
 
Questions ly the Court. 
 
with him. 
 
Q. When you visited Duke's house 
 
Q. What is your brother-in-law's name, what time of the moon was it farmers 
 
and where did he live? A. His name is watch the moon generally? A. It was ia 
 
Handy: he lives in Carroll. 
 
the morning when I got there. 
 
Q. Describe where he lives, so that a Q. When you Tisited Duke's house 
 
person would be able to find it. A. He what time of the moon was it? A. I 
 
lives near the Chattahooehie river, with a reckon the moon was full or about full; 
 
man by the name of Akres. 
 
may be it was done full; I don't recollect 
 
Q. That would be a very poor deserip- exactly. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
123 
 
Examination 
 
conducted l>y for Defense. 
 
Mr. 
 
Stephens 
 
j i 
 
Q. Did you or not man the evening you 
 
see the same gentleheard of the death of 
 
Ashb'urn? A. I have no recollection, sir. 
 
ROBERT T. C. TUCKER, witness for de Q. You saw him there Monday though? 
 
fense, having been duly swovn, testified as A. Yes, sir. 
 
follows: 
 
Q. How far is it from your shop to 
 
Q. What is your name? A. Robert T. Columbus? A. We call it forty miles, sir, 
 
C. Tucker. 
 
from our neighborhood to Columbus; the 
 
Q. Where do you live? A. In Merri- road direct has beeu posted a little east of 
 
wether county. 
 
where I live; I live about a mile west of 
 
Q. Do you know Mr. William Duke, the Columbus road. 
 
the accused? A. Yes, sir. 
 
Q. Will you point him out to the court? - I. There he is, (witness points out the ac 
 
'Cross-examined 
 
l>y 
 
Brown 
 
for 
 
Prosecution. 
 
cused, Duke.) 
 
Q. How. far do you live from Duke's 
 
Q. Do you know when you heard of blacksmith shop? A. From three to four 
 
the death of Ashburn? A. I think the hundred yards. 
 
first I heard of it was at Duke's shop. 
 
Q. How long have you lived there? A. 
 
Q. Do you recollect the day of the From 1852; sixteen years. 
 
week? A. I think it was on Wednesday. Q. Has Duke lived there all that time? 
 
Q. Will you state to the court whether A. No, sir. 
 
or not Mr. Duke, the prisoner here, was Q. How long has he lived there? A. 
 
there at that time? A. Yes, sir, he was He moved up there last winter was a year 
 
there Wednesday evening; that was the ago. 
 
time I went up to his shop. 
 
Q. Are you very frequently at his house? 
 
Q. Had you seen him there any time ! A. In his shop I am, sir. I have all my 
 
previous to that? A. Yes, sir, I had seen work done there. 
 
him there twice previous once at the shop Q. How often would you say you were 
 
and once in the field; on Saturday evening there each week? A- Well, sir, some 
 
before I saw him out in the straw field, times I am there every day for a week, 
 
near the house, though I did not speak to ! and sometimes not there for perhaps two 
 
him; I was not near enough to him; I was or three weeks, it depends on my health 
 
some fifty or sixty yards from him. 
 
and business. If I am able to attend to 
 
Q. Did you see him between Saturday business I don't go so often. I merely go 
 
and Wednesday? A. Yes, sir. 
 
to meet my friends there and have some 
 
Q. When and where? A. I saw him neighborhood conversation with them. 
 
at the shop Monday evening, after the sun Sometimes, though, my business calls me 
 
went down. 
 
there, perhaps nearly every day have 
 
Q. Did you see any other person there? something to do there in either wood or 
 
A. Yes sir. 
 
I iron, and I take it there myself when I 
 
Q. Name them. A. Mr. Reese, Mr. ; have anything to do in that way. 
 
Parham, Mr. Woodward and a young man Q. Is not this regarded a very public 
 
that belonged there at the shop. 
 
place in the neighborhood? A. Yes, sir, 
 
Q. Was there any strange person there? it is all the place of rendezvous in the 
 
A. Well, late in the evening, sir, there neighborhood the wood and iron shop. 
 
was .a strange gentleman came down in Q. Do you recollect; the next time you 
 
front of the shop; I was iu the back: I were there? A. Well, sir I was there that 
 
understood he was a brother of Mrs. Duke's, time almost every day of the week. I was 
 
though I was not acquainted with him. preparing my implements for planting my 
 
The last witness, (J. T. Arlington, was cotton. That took me up to the shop 
 
here brought iuto the court-room and nearly every day in the week. 
 
placed in the presence of witness. 
 
. Q. Who was present the next time you 
 
Q. Will you look at that gentleman and were at the shop after the time about which 
 
say if he is the one? A. Yes, sir, that is you testified? A. I really can't call to 
 
the oue; I think, from his face and color mind when it was, I don't recollect any 
 
of his hair. 
 
day after Wednesday of that week, though 
 
Q. You saw him there Monday even I am very certain I was there some day of 
 
ing? A. Yes, sir. 
 
that week after Wednesday, 
 
 124 
 
MLITART OUTRAGE IN GEORGIA. 
 
Q. Who was present when you were Q. Do you keep any book or memoran 
 
there that time? A. On Wednesday? dum of the time when you finish planting 
 
Q. No, no. this time you speak of after each crop and commence the next? A. 
 
Wednesday? A. I can not call to mind Not every year, but frequently I do; I first 
 
who was present, but I recollect that the mark in the almanac when I commenced 
 
first information we had of this gentleman planting and when I get through. 
 
being killed in Columbus was on Wednes Q. Did you mark in your almanac this 
 
day. Some person at the shop named that year when yon finished planting corn? A. 
 
this gentleman in Columbus was shot on No, sir. 
 
the Monday night. I know it was on Q. Or when you commenced planting 
 
Wednesday. If you are disposed to have cotton? A. No, sir. 
 
the reason why I knowit I will give it to you. Q. Then you do not speak from any 
 
Q. Well, give the reason. A. I made memorandum, do you1? A. No memoran 
 
arrangements on Tuesday to send my son- dum ; I just speak from positive knowledge 
 
in-law to take a load of cotton for a friend of the facts; because I planted cotton earlier 
 
to Lagrange with my wagon. He started this year by several days than I had been 
 
Wednesday morning to Lagrange; and in the habit of doing for several years, and 
 
after he had started to Liagrange, I have been regretting it ever since when I 
 
walked up to the shop and therelheard that think of it. 
 
this gentleman I can't think of his name. Q. Why sometimes keep a memoran 
 
only once in a while (witness pauses) dum? is it not because you can not recollect 
 
Ashburn. was killed in Columbus. Then facts without it? A. Sometimes; I merely 
 
when my son and son-in-law returned from do it for reference a long time afterwards; 
 
Lagrange they confirmed the report. sometimes I want to know when I planted 
 
They returned on Thursday night. 
 
one year, and look over my almanac; some 
 
Q. How long ago has that been? A. times I don't find it marked, and frequently 
 
The last of March or first of April. The I do; I have a bundle of almanacs I-have 
 
first of April was the day they started to kept for some time some marked and 
 
Lagrange. Though I started my wagon some not. 
 
on Tuesday evening down to get the cotton; Q. Can you easily recollect an incident 
 
next morning they started to Lagrange. three and a half months after its occurrence, 
 
I had to send below where I lived to get and locate it on that day? A. No, sir, I 
 
the cotton, and they went down there over can not; I could not have located these 
 
night, and next morning loaded up the cot had it not been for these concurrent circum 
 
ton and went on to Lagrange. 
 
stances; I know that I commenced planting 
 
Q. Has it not been nearly three and a cotton the sixth, day of April. 
 
half months since the 30th of March? A. Q. What fact enables you to state dis 
 
Yes, sir. 
 
tinctly that yon commenced on the sixth of 
 
Q. What circumstance enables yon to April, and to say that you know you are 
 
recollect so distinctly the day of the week not mistaken? A. I just know it as well 
 
on which you started your wagon from as anything I ever done, for I had the day 
 
home, three months and a half ago. A. set apart Monday that it would be the 
 
Well, sir. I had finished planting my sixth April, and to commence planting cot 
 
corn and preparing my cotton land for ton seed; we had finished planting corn, 
 
planting, when this friend requested that I and finished bedding our cotton land on 
 
would take a load of cotton to Lagrange Friday, and the boys that I had with me 
 
for him, and I told him I could not spare got a holiday until Monday. 
 
the team, but if my son-in-law was dis Q. How often since that day have you 
 
posed to take part of his mules and part thought of the fact that Duke was there 
 
of mine. I would let him have part of mine at that interview? A. I don't know that I 
 
and he could take the cotton to Lagrange. ever thought anything about it until I un 
 
He objected to it because, he said, he was derstood that he was arrested. 
 
not done bedding his cotton land. I told Q. When was he arrested? A. I can 
 
him when the wagon returned from La- not call to mind; I know it was Wednes 
 
grange we would have time to finish bed day or Thursday, two weeks ago; I remem 
 
ding by the 6th of April, and that was as ber the gentleman that came by asking 
 
early as I would pknt, even if I was then where he lived; he came right by my patch; 
 
ready, and Monday was the 6th of April. He inquired where Mr. Duke lived; I 
 
 MIIITARr OUTRAGE IN GEORGIA. 
 
125 
 
pointed out to him, and then he passed in I have answered the question as plainly as 
 
back by my house pretty soon after. 
 
I can do: because I had finished planting 
 
Q. Didn't the arrest of Duke create as my corn, and was preparing my land to 
 
much excitement in your neighborhood as plant cotton, and between the finishing of 
 
the intelligence of Ashburn's death did? the corn, and the planting of the cotton, I 
 
A. Well, sir, I was quite unwell for a think I had time to spare two of my mules. 
 
few days afterwards; I was taken down to That is what recalled that back to my 
 
my bed and did not go out anywhere last mind. But this, there is no such thing to 
 
week. 
 
call it back. 
 
Q. Did not the arrest of Duke, being a Q. I have to repeat the question why 
 
near neighbor, make as much impression do you recollect so distinctly about the 
 
on your mind as the intelligence of the date of finishing the corn? A. I should 
 
death of Ashburn did? A. I didn't know never have thought about it again if these 
 
what to think of it. 
 
circumstances had not transpired. 
 
Q. Please answer my question. Did Q. Do you remember which day you 
 
not the arrest of Duke, being a near neigh finished plowing over your corn the first 
 
bor, make as much impression on your time this year ? A. I do not. 
 
mind as the intelligence of Ashburn's death Q. Do you remember what day you fin 
 
did. A. I did not know that it did, sir; they ished planting cotton ? A. I can't re 
 
both made considerable impression on my member, without I was to count up bow 
 
mind; I thought it was a very unnecessary many days I was planting. 
 
thing to kill the man. 
 
Q. Do you remember what day you fin 
 
Q. Did not the arrest make a decided ished plowing over the cotton the first time ? 
 
impression on your mind ? A. It did, sir. A. I don't, sir. 
 
under the circumstances. I knew that Mr. Q. The second time? A. No, sir. 
 
Duke was at home at the time that the Q. Do you recollect when you finished 
 
murder was committed, and if he was ar plowing over the corn the third time ? A. 
 
rested innocently, I might be also, or any No, sir, I didn't charge my mind with it. 
 
other man. I knew in my mind that on Q. Do you recollect the day you com 
 
Monday night, at sunset, he was in his menced planting corn? A. Yes, sir. 
 
father's house, forty miles from Columbus, Q. What day ? A. I commenced plant 
 
and I did not see how it was possible for ing corn on the 16th, I think, of March. 
 
him to go to Columbus and back before he Q. What circumstance enabled you to 
 
was known to be in the neighborhood again. recollect that ? A. Well, I just got ready 
 
Q. For these reasons then, you state that to go to plant by the 16th, and commenced. 
 
the arrest of Duke made a decided im Q. Do you always commence on that 
 
pression on your mind ? A. Yes, sir. day of the month ? A. About from the 
 
Q. But still you can not tell what day 12th to the 16th, I do. 
 
of the week it was, and it was only two Q. What enables you to be certain that 
 
weeks since ? A. I am not positive as to you got ready and commenced on the 16th ? 
 
the day, only that it was Wednesday or A. I know that I got my corn prepared, 
 
Thursday. 
 
and commenced planting; that is all that en 
 
Q. While you can not be positive about ables me to do it, and I know that I marked 
 
the day of the week of an occurrence that the date in my mind, that it was the 16th 
 
made a decided impression on your mind, of March when I commenced planting corn, 
 
about two weeks ago, you are positive about but as to plowing it afterwards, I didn't 
 
the day of the week of another occurrence charge my mind with that. 
 
that made a similar impression on your Q. Can you recollect any other incident 
 
mind, three months and a half ago. A. connected with your crop, between the 30th 
 
Well, it was just the circumstances attend March and 1st of July, so as to locate it 
 
ing it. I should not have sent my wagon positively on a particular day ? A. I can, 
 
and part of my mules off my plantation at the day before 4th of July. 
 
any other time. 
 
Q. I speak of 1st July. A. I recollect 
 
Q. Is it your custom to send them off my people plowing in my cotton along the 
 
your plantation on that particular day of first days of July. 
 
April each year ? A. No, sir. 
 
Q. I didn't ask about anything that 
 
Q. Then how can you be so positive occurred in July. A. Well, I remember 
 
that you sent them that day ? A. I think : the last time I plowed it before 1st July; 
 
 126 
 
MILITARY OUTRAGE IN GEORGIA. 
 
of course they were the last days of June; I Q. Yes; Monday, the 30th March. A. 
 
I was plowing my cotton then. 
 
\ No, sir; I do not. 
 
Q. Do you recollect any particular inci- j Q. Do you recollect every place you 
 
ctent connected with your crop so as to j were at that day? A. Yes, sir; I think I 
 
locate it positively on a particular day be- do; 1 was at home until after I eat my 
 
tween the 10th of April and 1st June? A. \ dinner and then walked up to the shop and 
 
I don't know that I can ; only that I was ; remained there until after sunset, 
 
doing certain business at certain times: as j Q. Do you recollect what you were 
 
to pointing out the particular days. I eaa't doing ia the forenoon of that day? A. I 
 
do it. 
 
i don't think I was busy that day; only 
 
Q. What was the time of the moon on I sitting in my house reading, perhaps, 
 
the 30th of March? A. I don't know, Q. Do you recollect what you were do- 
 
 ;.r. 
 
ing the day before? A. I was at church 
 
Q. Did you finish planting corn on dark i on Sunday and I recollect very distinctly 
 
nights or light nights? A. I don't know j what I was doing the day before that on 
 
that. sir. 
 
Saturday. 
 
Q. Don't planters and farmers pay con Q. Do you recollect where you were on 
 
siderable attention to the moon? A. Idol Tuesday, all day? A. Yes, sir; I was 
 
not pay muc-h attention only in a few things. | part of the day down at my son-in-law's, 
 
Q. You have no recollection, then, j and the balance of the day I was at home, 
 
whether you finish planting corn about full I Q. What were you doing the portion of 
 
raoon or about the change? A. No, sir. I the day you were at home? A. I came 
 
Q. Have you any recollection of the! home from my son-in-law's to get my son 
 
r-ondition of the moon when you commenced ! to prepare the wagon that night to take 
 
planting cotton? A. No. sir. 
 
that cotton on next morning; it was that 
 
Q. When did you first hear that Mr. thing brought me home .from my son-in- 
 
Duke was charged with any connection law's. 
 
with the murder of Ashburn? A. I didn't I Q. Do you recollect where you were all 
 
hear it till may be the next day; I think! day "Wednesday? A. I was at home part 
 
I didn't hear it the day he was arrested; I! of the day, and in the evening I went up to 
 
don't think I heard it until the next day j the workshop. 
 
after he was arrested; I didn't go any- [ Q. Who did you see at the workshop 
 
where from home. 
 
that evening? A. I seen Mr. Woodward 
 
Q. Prior to that time did you ever sus there, and there was some other person 
 
pect that he would be charged with any there, but I don't distinctly recollect who 
 
sucht connect,ion?n At. NTL.To, sir*^. 
 
| it was; I think myself that there was a 
 
Q. Then there was nothing connected [ relative of mine I think James Crowther 
 
with that affair, was there, which called j was there, but I am not positive. 
 
you to charge your mind particularly with Q. Then you can't be positive who was 
 
the time you saw him at the blacksmith there on Wednesday? A. No, sir. 
 
shop? A. No, sir, nothing that I know of I Q. Where were you all day Thursday? 
 
that would require me to charge my mind A. I think I was at home. 
 
particularly with it. 
 
j Q. What were you doing that day? A. 
 
Q. If he had not been arrested do you; Thursday afternoon I commenced trying to 
 
think you would ever again have thought stock a double plow. 
 
of having seeja him there at that particular Q. Were you at the shop that day? A. 
 
time? A. Well. I don't know that I No, sir, I think not. 
 
should, sir. 
 
Q. Where were you Friday all day? A. 
 
Q. If he had been absent and not Well, I reckon I was working on this same 
 
present on that occasion, would you have double plow it took me some time to 
 
reeoiieeted that after you heard of his ar- i make it, because I didn't know much about it. 
 
rest? A. Yes. sir; I should have recol- Q. Were you at the shop any portion of 
 
leeted it; he had been gone for may be! that day? A. I don't think I was, sir. 
 
two or more weeks from home, and if he j Q. Who did you see that day? A. I 
 
had not been there I should not ever had | don't recollect seeing any person but my 
 
any thought about it. 
 
j own family; I was at home. 
 
Q. Do you recollect every person you I Q. Could you say that you did not see 
 
saw that day? A. Oa Monday? 
 
j any other person? A. No, I could not. 
 
 MILITARY OUTRAGE IN GEOKGIA. 
 
127 
 
Q. Where were you on Saturday? A. \ the morning; my son went up in the morn - 
 
I can't tell for certain where I was Satur- ing to Mr. Duke's, and he said that the 
 
day as like as not fishing I go fishing Duke boys intended to set the sedge field 
 
frequently. 
 
i on fire that evening, and after dinner we 
 
Q. Then yon can't remember where you | walked tip there with our guns: they at- 
 
were Saturday? A. 'No. sir. 
 
tempted to burn off the sedge but it didn't 
 
Q. Where were you on Sunday? A. I \ burn but very poorly, and the balance of 
 
was at church. 
 
the evening me and my son spent shooting 
 
Q. What church? A. The church I'birds; while up at the sedge field I saw 
 
belong to, Trinity Church, Merriwether several of the Duke boys, and among them 
 
county. 
 
William Duke. 
 
Q. Who preached that day? A. We Q. Name every person you saw that day? 
 
had no preaching. 
 
A. I saw Norman, John Duke, Wayne 
 
Q. Where were you Monday? A. At Duke, and Joseph Jackson, and just before 
 
home, I suppose. 
 
I left the field I saw William Duke. I 
 
Q. Were you at the shop any portion of was then about fifty yards to him. but I 
 
Monday? A. I can't tell that. 
 
didn't speak to him; but I said to Nor 
 
Q. Any distinct recollection about Tues man, says I, " Has Willie got back ?" Says 
 
day? A. None, sir. 
 
he," Yes." 
 
Q. Or any other day of that week? A. Q. Can you state the names of all the 
 
None, sir. 
 
persons you saw any day from the first day 
 
Q. What were you doing on Monday of January until the first day of June this 
 
after Monday, the 30th March? A. Plant year, except the three or four days about 
 
ing cotton seed. 
 
the 30th of March? A. I don't suppose 
 
Q. What were you doins on Wednesday I can, sir, when I saw any person at all. 
 
week after 30th March? "A. I think I an Q. Did you see William Duke then on 
 
swered that I couldn't tell what I was doing Saturday? A. I don't think I did, sir: I 
 
about two weeks afterwards; my people passed right to the field, and I did not go 
 
were planting cotton; I can't say what I back about the house that evening any 
 
was doing myself. 
 
more. 
 
Q. What were you doing the Tuesday Q. Is William. Duke frequently down 
 
week after 30th March? ~A. My people about Columbus? A. Well, sir, he has 
 
were planting cotton: I don't know whether | been backward and forward several times 
 
I was planting with them or not; I expect since his father lived there. 
 
in all probability I was about the field part Q. Does he occasionally spend some 
 
of the day and part of the time in the house. time down there? A. Yes, sir. 
 
Q. Who did you see that day? A. I 
 
saw my people, I reckon, if I was in the 
 
Re-examined l>y Mr. Stephens. 
 
field; if I was in the house I may have seen any one who came in, but I can't call to mind about that. 
Q. What were you doing Wednesday 
 
j 
 
Q. A. I I am 
 
What is your age and occupation? have been a farmer all my life almost. sixty-seven years old next October. 
 
before 30th March? preparing the ground 
 
A. for 
 
My people were planting cotton: 
 
' 
 
Recross-exaniined 
 
by 
 
Brown 
 
for 
 
Prosecution. 
 
I don't know what I was doing myself. 
 
Q. Is your memory as good as when you 
 
Q. Who did you see on that day? A. were a younger man? A. No. sir, by no 
 
I don't know, sir; I don't keep a diary of; means, 
 
what I do every day-^I don't suppose many men do in this country. 
Q. Do you remember who you saw on 
 
Questions ly Defense l>y permission of (lie Court--by Mr. Stephens. 
 
the Thursday before the 30th March? A. Q. From the sensation produced at the 
 
No, sir, I do not. 
 
time of the news of the assassinatioa of 
 
Q. Or the Friday before the 30th of; Ashburn, are you positive as to the facts 
 
March? A. I don't think I saw anybody you have stated here? A- Yes,sir, lam; 
 
that day but my son we were out bird- the leading facts. 
 
hunting that day shooting birds. 
 
Q. Do you hold any office in your coun 
 
Q. Where were you on Saturday? A. ty? A. Not now, sir. 
 
I was home until dinner; I was home in i Q. Have you held any? A. Yes. sir. 
 
 123 
 
OUTRAGE IN GEORGIA. 
 
Q. What position? A. I acted as Judge Q. What is his name? A. Bluner W. the inferior Court there for several Williams. 
 
years. 
 
Q. To whom did he deliver the cotton 
 
in Lagrange? A. I do not know, sir. 
 
Question l>y the Prosecution by permission Q. Did you hear him say to whom he 
 
of the Commission. 
 
delivered it?. A. No, sir. The old man's 
 
Q. Was cot the sensation produced on your mind by the arrest of Duke as great as that produced upon your mind when you heard of the death of Ashburn? A. supTphoeseCitomwmasisesriroenatetrh. esnir. adjourned until 
 
son went up with the wagon, and disposed of the cotton at Lagrange. 
Q. Is Burke a dealer in cotton in Lagrange? A. He was buying cotton at i,h,th.imatset,ilmf< eo.r soImedoonenoetl.sek'now whether for 
 
Monday morning at ten o'clock. 
 
Q. Was it Burke's son who went with the cotton? A. No, sir Parkham's. 
 
Q. Does Parham live in Lagrange? A. 
 
X BARBACKS, ATLANTA, GA., ") No, sir. 10 o'clock A. ir.. July 13. 1868. / Q. Where does he live? A. Near me 
 
The Commission met pursuant to ad about a mile and a half from me. 
 
journment.. 
 
Q. Does Burke live in Lagrange? A. 
 
Present, same members as yesterday, I suppose he does; I see him frequently 
 
the Judge Advocate and his assistants, all when I go there. 
 
the accused on trial, and their counsel. . 
 
Q. Has he a place of business in La- 
 
The record of the previous day was then grange? A. Not that I know of. 
 
read and approved. 
 
Q. In what business did you see him 
 
Witness Andrew Sheppard. whose testi- when you met him in Lagrange? A. I 
 
isony of the previous d~ay had been read i generally meet him in the street. 
 
over to him by the Judge Advocate, asked Q. How long has he been known there 
 
and obtained leave of the Commission to as a cotton buyer? A. I do not know, 
 
make the following correction to his sir, that he ever bought a bale of cotton 
 
answer to question N<T. 18, viz: "My brother {in Lagrange in his life. 
 
Eddie was one who was not present; he Q. Did you bear no one who went with 
 
Lad the toothache." 
 
the wagons say on their return to whom 
 
Witness C. T. Arlington, whose testi they delivered the cotton in Lagrange? A. 
 
mony of the previous day was read over to No, sir. 
 
him. asked and obtained the permission of By leave of the Commission, the witness 
 
the Commission to correct his answer to | was re-examined by Mr. Stephens, as fol- 
 
question No. in his testimony of the lows: 
 
previous day. so as to make it read, "I Q. In your testimony of yesterday, ia 
 
think I was gone eight days." 
 
j reply to question No. , you state as 
 
Mr. Eugene Davis, having been granted follows: 
 
* 
 
* 
 
* 
 
* 
 
by the Commission leave to retire as re-1 * 
 
* 
 
* 
 
* 
 
* 
 
* 
 
porter. Mr. James O. Clepbane was duly j By that you mean you did not see 
 
sworn as reporter in his stead; 
 
j him at the house? A. No, sir, I did not 
 
Witness. ROBERT T. C. TUCKER was i see him at the house, because I went on 
 
then recalled by Mr. Brown, of counsel! to the field. 
 
for the prosecution, and by leave of the j Q. You said that you saw a man, you 
 
Commission, and interrogated as follows: took to be him, some forty or fifty yards 
 
Q. To whom did the cotton belong that distant, and one that they told you ws 
 
was earned to Lagrange, and who carried Duke. Did you mean to say that you did 
 
it? A. The cotton belonged to a young not see him on that evening? A. No, 
 
man by the name of Burke. Burke had sir, I did not see him, as I went to the 
 
bousrht it. 
 
field. 
 
Q. Of whom? A. Thomas Parham. 
 
Q. We understand you to state that 
 
Q. How many bales were there? A. I you did see him, and they told you that 
 
do not know how many he bought my it was William, and you said, "Has William 
 
vragon carried six. 
 
come back?" A. Yes, sir; in the evening 
 
(>. Who drove your wagon? A. My when he came into the field I saw him 
 
gon-in-law. 
 
there, but I did not see him at the house 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
129 
 
as I went on; when I went by the house I as you have stated you were there at home. 
 
did not know that he was at home. 
 
A. I left home on Thursday morning to 
 
Q. You stated that Mr. Joseph Burke carry William Duke to his father's, in 
 
bought this cotton; and you also stated Merriwether county, Georgia; I got there 
 
that you never knew he bought a bale of with him that night, after sunset; I re 
 
cotton in Lagrange in your life; you mean mained there all night; the next morning I 
 
by that that you never knew him to buy a went to my brother's fourteen miles further 
 
bale of cotton in your life, of your own from Columbus, on Friday Jas. Abney's; 
 
personal knowledge? A. Yes, sir, of my there I remained Friday night, and left for 
 
own personal knowledge, he bought this Columbus on Saturday; I went to within 
 
out in the country there, in the neighbor twenty miles of Columbus, stayed all night, 
 
hood where I lived; he bought of Mr. and went home at eleven o'clock on Sun 
 
Thomas Parham. 
 
day. 
 
Q. Do I understand you to state that Q. Are you positively certain absolute 
 
you know, of your own knowledge, that he ly certain of these facts you have sworn to? 
 
made that purchase, or that that is what A. I am, sir, certain of every word of it. 
 
you heard that he bought of Mr. Parham? A. Burke told me himself, and requested 
 
Cross-examined ly Mr. Brown. 
 
me to haul it for him. 
 
Q. How long have you lived where you 
 
By Mr. 
 
Stephens, 
 
of Counsel for Defense. 
 
now live? A. In the same house? Q. Yes, sir. A. A month before Christ 
 
JOAB ABNEY, a witness for the defense, mas. 
 
being duly sworn, testified as follows: 
 
Q. Where did you move from when 
 
Q. State your name in full. A. Joab you went into the house where you now 
 
Abney. 
 
live? A. Within fifty yards, sir. 
 
Q. What is your occupation? A. I have Q. How long have you lived in Colum 
 
been peddling for the last three or four bus? A. Eight years last December. 
 
years when I have been able to do any Q. Are you in the habit of carrying per 
 
thing: I have been sick for the biggest part sons in your buggy for pay? A. No, sir. 
 
of the time with rheumatic pains and small Q. What induced you to carry Duke 
 
pox; I never got over that. 
 
home? A. I wanted to go to my brother's 
 
Q. Have you a distinct recollection of and he was there sick, and asked me if I 
 
where you were when you first heard of could take him to his father's so he could 
 
the death of Ashburn? A. I have. 
 
get shed of the chills. 
 
Q. Where were you? A. I was in the Q; How long had he been in Columbus? 
 
porch of my own house, and heard it from A. Mr. Duke lived in Columbus when I 
 
neighbors passing around it. 
 
moved there, I think. I first got acquaint 
 
Q. Where is your house? A. It is up ed with him when I moved there. 
 
above the railroad, in the neighborhood of Q. Had he lived there all the time after 
 
the old city mill, as it is called, outside of you became acquainted with him? A. I 
 
the incorporation. 
 
knew him all the time when I seed him, 
 
Q. What city? A. Columbus. 
 
and he remained there all the time until 
 
Q. AVhat day of the week was that? his father moved out there to Merriwether 
 
A. That I heard this conversation? 
 
county. 
 
Q. Yes, sir. A. It was Tuesday morn Q. Where did he live when his father 
 
ing. 
 
moved to Merriwether county? A. He 
 
Q, Who were the persons you heard always claimed his father's as his home 
 
talking? A. I did not know them; they when I talked with him; I saw him in Co 
 
were black people passing. 
 
lumbus boarding at Martin Beck's; Mr. 
 
Q. Where were you the Monday before Beck told me he boarded there. 
 
the Tuesday you heard of Ashburn's Q. How long bad he been in Columbus 
 
death? A. I was at home. 
 
immediately prior to the time you carried 
 
Q. Where were you the day before? A. him home? A. I can not answer I do 
 
I was at home from eleven o'clock till not know. 
 
night. 
 
Q. How often bad you seen him there 
 
Q. State to the comrt if you were absent the last two weeks? A. I saw him every 
 
before that, when you left Columbus, two or three days, I think I might have seen 
 
where you went and when you got back, him every day I did not kuow he was 
 
13 
 
 130 
 
MILITARY OUTRAGE Ef GEORGIA 
 
s:efc having chills. He went out. but I'in town from a young man by the name of 
 
vras not able to go about much in town ' Pitman, at Cook's Hotel. 
 
myself: I can not answer how often. 
 
! Q. Prior to that time had you any dis- 
 
Q. How far did he board from your J tinet recollection about the time when you 
 
house? A. Six hundred yards I should; went -with Duke to his home? A. I had 
 
think. 
 
: not thought anything of it at all. 
 
Q. How far is it from Columbus to Q. When was your attention first called 
 
Ms father's in Merriwether? A.. Forty particularly to the day when you went 
 
f miles. 
 
i home with Duke, and by whom? A. Bight 
 
Q. Did you isake the trip in one day? then when my son told me that they were 
 
A. We did. sir. 
 
, speaking of arresting him on the charge of 
 
Q. Did you both travel in. the same ' being connected with Jhis case. Says I. 
 
buggy? A. We did. sir. 
 
"T_hat'.s al~l nonsense; Duke was in Merri- 
 
Q. Did you work one horse or two? A. wether, we all know;" that was the first 
 
Worked one horse, sir. 
 
j thing that drawed my attention to it. 
 
Q: Describe the horse? A. He was a Q. Was not that about two months 
 
large bay horse. 
 
' after you went home with Duke? A. I 
 
Q. About how old? A. Ten or twelve ; reckon it was. as well as I can recollect: I 
 
years old. 
 
ain't positive. 
 
Q. Describe the buggy? A. It was a Q. Do you always recollect the date of 
 
common ordinary baggy. 
 
' an occurrence two months ago ? A. No, 
 
Q. Did they belong to you? A. Neither ! sir. 
 
of them. sir. 
 
j Q. Did you make any memorandum of 
 
Q. Whose property were they? A. ] the date when yoa went home with Duke? 
 
The horse belonged to Christopher C. Ab- '.4.1 did not. 
 
Bey. my son. 
 
! Q. Are you in the habit of making 
 
Q. To whom did the buggy belong? A. ' memoranda of what occurs as you pass 
 
Abram Odum. 
 
i along? A. I am not. 
 
Q. How long Lad you the horse andj Q. Are you not often mistaken about 
 
buggy at your house before you started? ; the particular day of an occurrence two or 
 
JL. I do not think they were there at all;'three months past? A. I would supposer 
 
yes. they were brought up there that morn- j when there was not any thing very inter- 
 
ing for me to get in and ride. 
 
I estiug in it, I would be liable to be niis- 
 
Q. Who brought them? A. A small j taken, 
 
son of mine. 
 
\ Q. At the time you went with Duke 
 
Q. Where did he get them? A. He did you then consider there was anything 
 
got them from his brother down town. i interesting connected with the transaction? 
 
Q. What month and what day of the! A. I did not. 
 
month did you start. A. I started on the Q. Was it rainy weather or clear weather 
 
last Thursday in 3Iarch. 
 
j when you went with Duke? A. I think it 
 
Q. What enables you to recollect that j rained; I got very wet; I was very cold 
 
fact distinctly? A. Because I knew it was ! when I got there: it rained on me ten miles 
 
the last days in March, and then when I got ! that evening. 
 
out to my brother's another circumstance; i Q. Did you get there before dark or 
 
he was planting his corn and grumbling; after dark? A. I got there before dark. 
 
because they had not done planting in the j Q. Were the nights dark or moonlight? 
 
very last days of March, and had not bed-' A. It was a very dark night, I think, as 
 
ded up his land for cotton. We had con-' well as I can recollect, 
 
siderable conversation about it. and I told \ Q. What time of the night did the 
 
Mm there was time enough. 
 
i moon shine? A. If it shone at all I do 
 
Q. When did you first hear of Duke be-j not recollect it; I have no recollection of 
 
ins accused of having been connected with i seeing any moon. 
 
the Ashburn murder? A. It has been \ Q. How long did yon stay at Duke's? 
 
some sis or eight weeks ago, I reckon; j A. Until about 8 o'clock the next morn- 
 
two months after the occurrence, as well as > ing. as nigh as I can recollect. 
 
I recollect. 
 
I Q. You say youthen went to your 
 
Q. Whom did you hear speak of it? A. 'brother's; how long did you stay there? 
 
My son told me of it; that he heard it: A. I got there that evening about 1 o'clock 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
131 
 
and stayed there the next day until about [ Q. Do you recollect the appearance of 
 
the same time of day. 
 
ihis wife? A. I do not: she was eomplain- 
 
Q. Did it rain that day? A. It rained ,ing of being sick; I paid no attention to 
 
that morning before I started. 
 
her: I was sick myself. 
 
Q. What time did you leave your broth.- Q. Has he a lot and stables? A. He 
 
er's? A. From 8 to 9 o'clock. 
 
jhas a lot; whether there are any stables or 
 
Q. "What day of the week? A. Satur- 'not in it I can not answer, 
 
day. 
 
Q. Did you see your horse fed? A. I 
 
Q. Do you mean 8 or 9 o'clock in the 'did. 
 
forenoon? A. Yes, sir. 
 
Q. Was he not in a stable? A. He 
 
Q. How far is it from your brother's to was not. 
 
Columbus? A. Fifty-two miles. 
 
Q. Where was he? A. In a lot. 
 
Q. Did you drive 52 miles by 10 or 11 Q. Was he loose in the lot or tied with 
 
o'clock the next day? A. By 11 o'clock, a halter? A. Loose,..! think. 
 
sir. 
 
Q. Is there any other house between 
 
Q. Where did you stay all night Satur- old man Whitehead's and the house where 
 
day? A. I stayed all night in a mill of,you stayed all night? A. Yes, sir. 
 
old man Whitehead's I disremember the j Q. How many? A. Two. 
 
name of it within twenty miles from Co-1 Q. Do you know who lives in either of 
 
Iambus. 
 
them? A. I have heard both their names, 
 
Q. On what road does old maa White- but I disremember. 
 
head live? A. He lives on the road lead- j Q. Theu the house in which you stayed 
 
ing from Columbus, at a forks that leads jail night is the third house after you passed 
 
almost anywhere it leads to Maeon, Warm jthe old man Whitehead's going towards 
 
Springs, and anywhere you want to go. Columbus, is it? A. It is sir. 
 
Q. What is old man Whitehead's given Q. Have you been there since? A. I 
 
name? A. Thomas. 
 
have. 
 
Q. Do you say he lives twenty miles Q. When were you there last. A. Some 
 
from Columbus? A. Twenty-one miles, jfive or six weeks ago. 
 
he says it is measured. 
 
Q. Did the same man live there then? 
 
Q. Did you stop a mile before you got Li. He did. 
 
to his house, or a mile after you passed his j Q. Did you try to refresh his recollee- 
 
house? A. I passed his house a mile. tion as to the time you stayed with him be 
 
Q. Describe the house in which you fore? A. I didj for I could not pay the 
 
stayed. A. It was a log house, ou the bill; he could not change the money, and 
 
left-hand side of the road a new lo0g hous.e.. jl stopped and paid him; I know he recol- 
 
Q. Do you mean the left-hand side of jleeted it. 
 
the road as you go toward Columbus? A. \ Q. Did you and he talk anything about 
 
Yes, sir; the left-hand side as you go to the day of the- week or month when you 
 
ward Columbus. 
 
 stayed there before; I mean this last time? 
 
Q. Was it a double house, or what sort A The last time I was there I had fre- 
 
of a house was it? A. Ouly one room, I iquently conversed with him; I was passing 
 
think. 
 
iby as I was peddling through the country; 
 
Q. Can you recollect the name of the jl stopped for the purpose~of paying the 
 
gentleman who lived there? A. I can not: 'gentleman for the fare that I owed him 
 
I know his name well enough, but I can jthat night. 
 
not bring it to mind. 
 
Q. Was anything said between you and 
 
Q. Describe his personal appearance, him about the day of the week or month 
 
A. He is a tolerably small man, sir; when you last stayed all night with him? 
 
he looks like he was about thirty years A. I do not recollect that there was, sir; 
 
old. 
 
he told me he was acquainted with 
 
Q. What is his complexion and color of my brother, and I told him I had been out, 
 
liis eyes? A. I disremember. 
 
j Mr. Stephens--He docs -not understand 
 
Q. Do you recollect the color of his jthe question. Was there anything at that 
 
hair. A. I do not. 
 
jtime said about the day of the month 
 
Q. Has he a wife? A. He has, sir. when you first stayed there? A. When I. 
 
Q, How many children did you see? A. jwent to pay him the bill? 
 
Two or three, as well as I can recollect. | Mr. Steplwns--Yes, sir. A. No, sir. 
 
 132 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Questions ly the Prosecution. 
 
Q. How many of them were there? A. That passed by my house with that conver 
 
Q. Have you and he at any time since sation? 
 
talked about Duke or Ashburn? A. This Q. Yes. A. I have no idea how many 
 
gentleman that I paid the bill to? 
 
passed there. 
 
Q. Yes. A. I never seen him. 
 
Q. Can you mention no one who passed 
 
Q. "Was there any conversation between by your house and spoke of Ashburn's 
 
you and him about Duke or Ashburn death that day? A. I do not know any 
 
at the time you paid him the bill? A. of their names; I could go and put my 
 
Not that I recollect. 
 
finger on several of them. 
 
Q. Was it not a dark night when you Q. Did you hear any white persons speak 
 
stayed with him on your return? A. I of it that day? A. After I got down to my 
 
judge it was. sir; I did not go out. 
 
son's I heard several persons say that he 
 
Q. Do you recollect what time of the was killed white people. 
 
moon it was? A. I do not 
 
Q. Can you name any of these persons 
 
Q. You say you got home on Sunday; other than your son? A. That I heard 
 
what did you do the balance of that day? speak of it? I can not, sir, there were so 
 
A. I did not do anything; I laid down many; I heard several speak of the occur 
 
and rested until three o'clock, and then rence of his being killed, but who they 
 
there was a prayer-meeting at my house, were I do not know at this time. 
 
and I attended that. 
 
Q. Does not your memory serve you as 
 
Q. Was you at home on Monday? A. to any of them? A. I think, as well as I 
 
I was. 
 
recollect, I heard William Brooke speak of 
 
Q. "What were you doing Monday? A. it, and my son; any further I do not know 
 
Nothing at all, sir. 
 
as I can name any. 
 
Q. "Were you in town that day? A. No, Q. Where does Wm. Brooke live? A. 
 
sir, I was at the upper end of the street at He lives in Alabama Girard. 
 
my son's; I was not in town; that was as Q. You state that you can remember no 
 
far as I was able to get. 
 
other person? A. I can not distinctly, sir, 
 
Q. How far is the upper end of the except my own family my wife and 
 
street where you were from the Perry House daughter. 
 
in Columbus? A. From where I was Mon Q. Have you a good memory? A. Tol 
 
day? 
 
erably, sir, only. 
 
Q. Yes. sir. A. About three hundred Q. How old are you? A. I will be 63 
 
yards. I judge, sir. 
 
the 12th day of next month. 
 
Q. Whom did you see on the street? Q. Is your memory as good as it former 
 
A. I have no recollection. 
 
ly was? A. No, sir. 
 
Q. Did you see any persons that day? Q. Have you a good recollection of dates? 
 
A. I do not recollect of noticing a person; A. Of anything that occurs particularly, I 
 
I saw a great many people; I could not hate, sir; but what I pay no attention to I 
 
name ne'er one; I saw a great many people never recollect. 
 
passing, but I do not recollect any particu Q. Was there any public meeting or 
 
lar one. 
 
particular occurrence that took place in 
 
Q. Did you converse with any of them? Columbus three months ago, you can now 
 
A. I expect I did. but I do not recollect mention the date of? A. There was not. 
 
anything that passed. 
 
Q. Do you remember on what days the 
 
Q. Did you hear nothing of Ashburn's late election was held? A. I do not. 
 
death on Monday? A. I did not. 
 
Q. Is there no particular occurrence in 
 
Q. Whom did you first see on Tuesday? Columbus that you can mention, with the 
 
A. Black, colored people. 
 
time, within the last three months ? A. 
 
Q. What time of the day was it? A. If there is I do not recollect it. I am 
 
Just at light. 
 
hardly ever there. 
 
Q. Do you recollect the names of any Q. Is there any other occurrence that 
 
of them? A. I do not, I paid no atten took place during the month of March that 
 
tion to them; I just heard them talking you can now mention, with the particular 
 
and going on; I asked them what was the day on which it occurred ? A. There is 
 
matter, and they told me Ashburn was I not, sir. I was sick all the time, with my 
 
killed.' 
 
knee out of place, lying in bed. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
133 
 
Q. Is there any particular occurrence get the almanac, and tell when they every 
 
that took place during the month of April one were. 
 
that you can now mention, with the day on Q. Look at this almanac and tell us, if 
 
which it occurred. A. I don't know that you please, (handing witness almanac of 
 
there is. 
 
1868.) A. I can not see. Any one 
 
Q. Is there any during the month of of you may look at the day of the 
 
May? A. I do not recollect. 
 
month. 
 
Q. Do you recollect any during the Q. Try my glasses, and see if you can 
 
month of June? A. Yes, sir, some oc see through them. A. I know I can not. 
 
currences I recollect in the month of June. I never seed any that I could see through, 
 
Q. Do you recollect the exact day on (putting on the glasses and looking at the 
 
which they took place ? A. No, sir. 
 
almanac.) I can not see, sir, enough to 
 
Re-direct--Questions by Mr. Stephens. 
 
make it out. Q. Have you glasses of your own? A. 
 
Q. Is there anything, Mr. Abney, that I can not use them; none of them does me 
 
fixes it in your mind why you got Back to any good. 
 
Columbus at that time, when you went with Q. Can you read without glasses? A. 
 
Mr. Duke? A. Anything that I recol I have been so for the last five or six 
 
lect as the cause of my coming at that hour ? weeks that I can not read at all. 
 
Q. Yes, sir. A. There was a prayer- Q. Then how can you tell by the al 
 
meeting appointed at my house before I manac when the prayer-meetings were 
 
left home. I told them I would be certain held? A. I could get some one else to 
 
to be there. The meeting was appointed look, and I could count it back; there 
 
for half-past three o'clock, and I told them was the first Sunday in April; the second 
 
I woud be certain to be back. I left my and third Sunday along] they could tell 
 
brother's sooner than I intended to, and by the almanac what day of the month 
 
went on. further than I should have that they came on, I suppose. 
 
evening, in order to get there in time to Q. Was there one held there every Sun 
 
comply with my promise, and got there at day in the month? J.. There was for four 
 
eleven o'clock. 
 
or five Sundays handrunning. 
 
Q. Whose buggy did you say it was? Q. Do you recollect any other particu 
 
A. Abram Odum's. 
 
lar occurrence connected with either of 
 
Re-cross-examination "by Mr. Brown. 
 
the other prayer-meetings? A. I do not, sir, of importance. 
 
Q. Did you have any more than one Q. Did you at the time attach any im 
 
prayer-meeting at that house during the portance particularly to your trip with 
 
spring ? A. A good many, sir. 
 
Duke? A. The prayer-meeting being ap 
 
Q. Were they on Sunday? A. They pointed there, as it was the first one, and 
 
were, sir. 
 
I was just coming home with Duke from 
 
Q. Usually on Sunday afternoons ? A. the carrying of him, made me know the 
 
They were. sir. 
 
days and months more perfectly than I 
 
Q. About the same time of the day that would in any conversation with my brother; 
 
this one took place ? A. Yes, sir. 
 
that is what made me notice so very par 
 
Q. Do you recollect the day of the ticularly. 
 
week and of the month when this one was Q. You say that you recollect the day 
 
appointed ? A. It was appointed about a when the prayer-meeting was held, but can 
 
week beforehand, before it was attended not recollect any day when it was ap 
 
to. It was noised about that at half-past pointed? A. No, sir; I do not recollect any 
 
three o'clock, at my house, on that Sunday, day when it was appointed. 
 
the last Sunday in March, there would be Q. Are you sure this was the first one 
 
a prayer-meeting. 
 
j that was held at your house? A. I am, sir, 
 
Q. Can you tell the exact day when it j in that house. 
 
was appointed ? A. I can not. 
 
I Q. Is that the house where you now 
 
Q. Can you name the day of the month | live? A. It is. 
 
when any other one of the prayer-meet Q. Now, please name some persons who 
 
ings was held there ? A. I can not with were at that prayer-meeting. A. William 
 
out referring back, sir. 
 
Broqke, Abram Odum. 
 
Q. Referring back to what ? A. I could Q. Any others? A. I disremember 
 
 134 
 
MILITARY OUTRAGE IN GEORGIA. 
 
their names, certain: there was a dozen or 
 
two there. 
 
Q. Can not you name somebody else' 
 
besides Brooke and Odum who were there? 
 
A. I can not for certain. 
 
j 
 
Q. Can you recollect anybody who was ' 
 
at either of the others? A. Yes. sir. J 
 
Q. Who? A. Mr. Brooke. Mr. Odum.! 
 
Mr. Thomas Coehran. 
 
| 
 
Q. Xow. on what day was the one held 
 
when Coehran attended? A. What day 
 
of the week, do you mean? 
 
j 
 
Q. Xo.of the month? A. I can not tell, j 
 
Q. Was it the first, second, third or 
 
fourth prayer-meeting that he attended? 
 
A. I think he was there pretty much at 
 
all of them. 
 
Q. Was he at the first one? A. That I 
 
can not recollect. 
 
Q. Can you say distinctly that he was 
 
at the second? A. I can not; I answered 
 
distinctly that he was at two or three of 
 
them afterwards, whether the second or 
 
third I can not say. 
 
By Mr. Stephens, Counsel fur Defense. 
STITH A. PARHAM, a witness for the defense, being duly sworn, testifies as fol lows: 
Q. Where do you reside, Mr. Parham? A. In Merriwether County. 
Q. Do you know Wm. Duke? Do you see him here in this line of gentlemen? (pointing to the prisoners.) A. Yes, sir. 
Q. Which is he? A. That is the gen tleman sitting by the window, (pointing to prisoner Duke.) 
Q. How far is your place of residence from that of his father's in Merriwether County? A. About a mile and a half. 
Q. Did you see him there at his father's the latter part of March of this year? A. I did. 
Q. Was it the last week in March? A. Yes, sir. 
Q. When did you see him there the latter part of March? A. I saw him, I suppose, about the 30th. 
Q. What day of the week was the 
 
Re-direct by Mr StepJtens. 
 
30th? A. On Monday. 
 
Q. Mr. Abney. when did you Jftrst ever 
 
hear that your testimony would be re- 
 
qui,red_ 
 
or 
 
d1 es,ired^ 
 
. 
m 
 
ti- n. s 
 
case?( 
 
r 
A. 
 
I-S-- ever 
 
Q. Where was he? A. He was at home. 
Q. What hour of the day did you see fheimth,era,ng dgwhohpejreanwdasjheg?upApo.seHethwe astmatwhaigs iiAJuS-lj 4.1UU. T AJ-V^A t- >T (J.Q U.ls. JTJL. -LJ.^ *l M.VJ tt.li AJJU 
 
until weeix before last. 
 
I an hour high in the evening, or later. 
 
QV here were you? A. I had just re- | Q Kd gee him ^ a(. Qther 
 
tnrnedto Columbus: ay son told me 1 j time that week? A. I saw him the next 
 
expected 1 would have to come up here, j mornjno- 
 
and I told him I reckoned not. 
 
| Q -^hat hour of the ^ of the ces.t 
 
Q. Where did you next hear it? Where, morn;D!? d"id ou see hhu? ^. Sapp0se 
 
were _y_ ou when you next heard it? A. 11 stayed at home a day or two. and then I 
 
heard it from two or three different per 
 
sons. The next I heard of it was last 
 
Thursday evening. 
 
Q. Where were you; is my question? A. 
 
I was in the east corner of Marion County. 
 
g. How far from Chambers? A. Forty- 
 
sev,e-.n Q. 
 
W,mTTialess.i. t 
 
, there 
 
, where 
 
you 
 
were 
 
,i sub-! 
 
tthi,e0 s0,u,n^w=as n^ot mm^ore t*h\>an^ ttwo h- ours h--igh- . 
 
Q. Is there anything that fixes it in 
 
your mind that you did see him at these 
 
particular times, on the Monday and Tues 
 
day that you have mentioned? A. I 
 
think there was, sir. 
 
( 
 
Q. State what facts fix it in your mind? 
 
A. There was a gentlemau bought some 
 
atinmdbrerwfernotm 
 
me to saw up into lumber, &&r& the Best morning to 
 
poenaed? A. It was 
 
! see about it. 
 
Q. \\hat were you Qomg down _there ! Q What kind of timber wiis it? 4> 
 
on your business peddling? A. I was. Pine timber. 
 
Q. 
 
Questions ly the Court. On return from your brother's 
 
Q. What land was the timber on 
 
to' 
 
you sold? A. It belonged to me. Q. What was it to be sawed into? 
 
that A. 
 
Columbus, in March last, did you pass J Lumber. 
 
Duke's? A. Xo. sir. I did not. 
 
j Q. Was it the tract of land you were 
 
Q. Was the first prayer-meeting in your; living on, or some other? A. It was not 
 
house held on the first Sunday in April? the tract I was living on. 
 
A. It was held on the last Sunday in Q. Who was living on the tract? A. 
 
March. 
 
Mr. Duke. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
135 
 
Q. The father, you mean, of William? Q. Did you make any preparation for 
 
A. Yes-, sir. 
 
starting the cotton off at any day or any 
 
<2- Who was it bought the lumber -from time previous to starting? A. Not that I 
 
you? A. James Oglethorpe. 
 
remember. 
 
Q. When did you begiu delivering that Q. Where was the cotton? A. It was 
 
lumber? A. It was stock lumber; timber at my house, at my father's. 
 
to be sawed up into lumber. 
 
Q. What was it that called you up to 
 
Q. You sold the trees, then, and it was the shop Tuesday morning? Was there 
 
cut into stocks, but to be hauled to the saw anything connected with the hauling of 
 
mill? A. Yes, sir. 
 
the lumber that called you up there? A. 
 
Q. When did they begin to haul away No, sir, not that I know of, with the ex 
 
these stocks? A. 1 do not remember, sir. ception that when I got up there, Mr. 
 
Q. How many days were they hauling Hanley, who was hauling the logs, had 
 
them away? A. They were some two or taken a large stock and had broken his 
 
three days. 
 
ring, and I went up to the shop with him 
 
Q. Not longer than that? A. I don't from the field where they were hauling, or 
 
remember whether they were any longer the new ground, rather. 
 
than that or not. 
 
Q. You know the fact that that is what 
 
Q. Was there anything special that called you up there that the ring of the 
 
called you up there that Monday to see ox-yoke broke? -4. Yes, sir. 
 
after the hauling of them? A. No, sir; Q. Now from that fact and the num 
 
nothing in particular. 
 
ber of days that he was hauling, and con 
 
Q. Was there anything Tuesday? A. necting the time when you went to La- 
 
Yes, sir. 
 
grange, are you certain that that is the 
 
Q. What was it? A. I went up there evening that you saw Mr. Win. Duke, the 
 
to see about it on Tuesday. 
 
aeccused, there at his father's shop? A. 
 
Q. What was it that called you up there? Yes. sir. 
 
A. I do not recollect what caused me to Q. Are you positive of it? A. I vm. 
 
go up there, but Mr. Oglethorpe wanted me to go up there, and see about the 
 
Cross-examined ly Brown. 
 
timber that was to be delivered. 
 
Q. Whose wagon hauled that cotton to 
 
Q. Who was hauling it? A. There Lagrange? A. Mr. Williams' wagons 
 
was a young man whom we had hired to hauled my father's. 
 
haul it for him. 
 
Q. Is Mr. Williams the son-in-law of 
 
Q, What was his name? A. Hanley. Mr. Tucker, who testified here as a wit 
 
Q. Where were you when you first ness? A. He is. 
 
heard of the death of Ashburn? A. I Q. To whom was the cotton delivered 
 
was in Lagrange? 
 
in Lagrange? A. To Mr. Frost. I 
 
Q. What day did you leave home? A. think. 
 
The first day of April. 
 
Q. What is the Christian name? A. 
 
Q. Do you know the day of the week? Francis or Frank Frost is all the name I 
 
A. Wednesday or Thursday, I ain't cer beard. 
 
tain which. 
 
Q. Is he a cotton dealer? A. He is. 
 
Q. Now are you certain that when you Q. Does he keep a warehouse? A. I 
 
went up to see about these logs, was the don't know. 
 
Monday or Tuesday before you went to Q. Where was the cotton stored from 
 
Lagrange. A. Yes, sir. 
 
the wagons? A. I think, perhaps, sir. it 
 
$. State to the court what facts fixed was carried to the depot, if I am not mis 
 
that upon your mind? A. Well, that was taken. 
 
the cause of it. After I got to Lagrange, Q. Were you not with it? A. I was up 
 
hearing that Ashburn had been killed, in town. 
 
caused me to reflect, to look about, as it | Q. Did you not go up for the purpose 
 
made a great deal of noise in the neigh- j of selling it? A. No, sir. 
 
borhood. 
 
Q. Was it sold before you left home? 
 
Q. What did you go to Lagrange for? j A. Yes, sir. 
 
A. To see some cotton. 
 
Q. Did you not ?o up to deliver it? A. 
 
Q. Whose cotton was it? A. It was I did. 
 
my father's cotton and mine. 
 
Q. Where did you deliver it? A. At 
 
 136 
 
MILITARY OUTRAGE IN GEORGIA. 
 
the depot. I suppose; didn't myself go Q. What day of the month? A. Second 
 
down to the depot. 
 
day of April. 
 
Q. Do you mean the railroad depot? A. Q. How long did you stay in Lagrange? 
 
Yes. 
 
A. I stayed there until one or two o'clock 
 
Q. In Lagrange? A. Yes sir. 
 
in the evening. 
 
Q. Who carried it down to the depot? Q. How far from your residence to La- 
 
A. Mr. Williams and the negro man. grange? A. About twenty miles they call 
 
Q. Do you know whether it was ship it. 
 
ped from the depot? A. I do not. 
 
Q. When did you get home? A. I got 
 
Q. Who ordered it to the depot? A. home the same evening. 
 
Mr. Frost, perhaps; I don't recollect. 
 
Q. What time of the evening? A. It 
 
Q. To whom had the cotton been sold was dusk I suppose, sir about dark. 
 
in Merriwether? A. It was sold to Mr. Q. Was it a dark night or a moonlight 
 
Frost. 
 
night? A. I can not recollect, sir. 
 
Q. Are you sure of that? It was car Q. Was it cloudy or starlight? A. I 
 
ried to him when it was sent to the depot. j don't recollect. 
 
Q. Is that the same that was carried on j Q. Did it rain any that day? A. Not 
 
Williams' wagon? A. It was. 
 
j that I know of. 
 
Q. How many bales did that wagon | Q. Do you recollect whether it did or 
 
carry? A. Six. I think, sir. 
 
i not ? A. No, sir, I have no recollection 
 
Q. Who paid for it? A. J. don't recol I whether it rained or not. 
 
lect, sir. 
 
I Q. What did you do the next day? A. 
 
Q. Who received the money? A. I \ I went down to my father's. 
 
did. 
 
j Q. What did you do there? A. I paid 
 
Q. Where did you receive it? A. I him over the amount of money his cotton 
 
received it from Mr. Abrams. 
 
brought. 
 
Q. Where? A. In Lagrange. 
 
Q. What did you do the next day? A. 
 
Q. At what place in Lagrange? A. In ~L don't recollect, sir. 
 
Mr. Wyinbush & Abrams' house. 
 
Q. What did you do the day after. A. 
 
Q. Who sent you to them for the I don't know. 
 
money? A. Well, sir, I don't know. 
 
Q. Where were you on the Monday 
 
Q. How happened it that you received before the 30th of March? A. I don't 
 
the money from them when you had sold remember. 
 
the cotton to Frost? A. Mr. Abrams Q. Where were you on the Wednesday 
 
went up there to Frost's and brought it before? A. I can not tell, sir. 
 
down there to the house. 
 
Q. When did you first hear of Duke's 
 
Q. Is Mr. Abrams a merchant? A. Yes, arrest? A. Well, sir, I was not at home 
 
sir. 
 
when he was arrested; I didn't hear of it 
 
Q. Did you receive it in his store-house? till I was summoned to come up here; I 
 
A. I did. 
 
was not about home. 
 
Q. Was there any memorandum given Q. Where were you when you were 
 
at the time, or any receipt? A. I think summoned to come up here? A. I was at 
 
there was. 
 
home. 
 
Q. Did you sign it? A. No, sir. 
 
Q. Did you state that yon had never 
 
Q. Who did? A. I don't recollect. heard of Duke's arrest before you was 
 
Q. Did you receive the money without summoned to come? A. I don't recollect 
 
being required to give a receipt for it? A. whether I had or not, sir; if I had, it was 
 
I don't recollect, sir. whether I did or not. only a few minutes before. 
 
Q. Do you recollect the amount you re Q. When were you summoned to come 
 
ceived? A. Not the exact amount. 
 
up here? A. I don't recollect the day of 
 
Q. About how much? A. I suppose the month, sir. 
 
between eight and nine hundred dollars. 
 
Q. Do you recollect the day of the week? 
 
Q. What time of the day was it? A. A. It was Friday evening, sir, I believe. 
 
About ten or eleven. 
 
Q. Are you certain of that? A. No, 
 
Q. What day of the week? . A. Thurs sir, I am not certain of that. 
 
day. I think, sir. 
 
Q. About how long ago was it? A. 
 
Q. Are you certain of that? A. Yes, some time last week. 
 
sir. 
 
Q. Did it not make a decided impres- 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
137 
 
sion on your mind when you heard that ing the stocks from the field. I suppose 
 
Duke had been arrested? A. No, sir, not he set it down though. 
 
in particular, it didn't. 
 
Q. How many stocks were there? A. 
 
Q. Was there not some excitement in I suppose some fifty. He hauled them out 
 
the neighborhood about it? A. His being of the field -just outside the field, so that 
 
arrested? 
 
they could clear the ground. The stocks 
 
Q. Yes. A. I suppose there was, sir; are there yet. 
 
I was not at home. 
 
Q. Then the stocks are still on your 
 
Q. Do you state that it made no impres premises are they ? A. No, sir. they are 
 
sion an your mind? 
 
on Jordan Reese's premises. 
 
******# 
 
Q. How far are they from the mill ? A. 
 
Q. "Which was regarded the more im About a mile aud a half, or nearly so 
 
portant event, the arrest of Duke or the well, about a mile and a half. 
 
hauling of the stock to the mill? A. The Q. Have none of them been sawed up ? 
 
arrest of Mr. Duke. 
 
A. I think they have, sir. I don't know: 
 
Q. Then how is it that you can locate I think they have. 
 
the particular day of the week on which Q. Do you recollect how much he was 
 
the stocks were hauled there, and a half to pay you for the stocks ? A. Yes. 
 
month ago, and can not locate the day of Q. When was the payment to he made ? 
 
the week on which you heard of Duke's A. There was no time specified. 
 
arrest, a little over a week ago? A. "Well, Q. If Duke had never been arrested, 
 
sir, I don't know why it was. 
 
would you ever have regarded the date of 
 
Q. Can you locate any other particular the delivery of the stocks of any conse 
 
event that took place on a particular day. quence? A. Yes, I think I would. 
 
about the time the stocks were hauled? A. Q. As no time was fixed for the pay 
 
Well, nothing more than going to Lagrange ment, why would the date of delivery have 
 
and something of that sort, sir. 
 
been a matter of any importance ? A. 
 
Q. Has there been anything since that We would have a settlement about it. 
 
time, and prior to the time you heard Q. Well, as no time was fixed for the 
 
Duke was arrested, that called your atten payment, why would it, when they were 
 
tion especially to the date when the stocks delivered, hav.e been a matter of any con 
 
were hauled? A. Not that I recollect, sir. sequence in the settlement ? A. I don't 
 
Q. If Duke had never been arrested do know, sir, why it is. 
 
you believe you would ever have located Q. Can you give any reason why it 
 
in your mind again the time the stocks would have been ? A. No. 
 
were hauled? A. Yes, sir. 
 
Q. Can you name the persons you met 
 
Q. What would have caused you to lo on the Saturday before the 30th of March ? 
 
cate the time? A. In settling for the lum A. In the evening when we were up at the 
 
ber. 
 
shop, sir, I saw Robert Tucker, Jordan 
 
Q. Have you settled for it? A. No, sir. Reese, and Woodward, and another gen 
 
Q. Were there any books kept at the tleman was there, and Mr. Norman was 
 
time of the transaction? A. I suppose there. 
 
there was. 
 
Q. Can you name any other date when 
 
Q. Do you know that fact? A. No, sir. you were at that shop, about that time ? 
 
Q. To whom did you deliver the stocks? A. I was there frequently. We met there 
 
A. James Ogletree. 
 
frequently, every day or two. sir. 
 
Q. Who hauled them? A. Hanley. 
 
Q. You. say Robert Tucker was there 
 
Q. Where's Ogletree's mill? A. In that day ? A. Yes, sir. 
 
Merriwether county. 
 
Q. At the shop ? A. Yes, sir. 
 
Q. How far from your house? A. Half Q. What time of the day did you see 
 
a mile, 
 
him there ? A. Late in the evening. 
 
Q. Is it your opinion that he kept a Q. How long did he stay there ? A. I 
 
book that shows the date of the delivery left him there. 
 
of those stocks? A. Well, I suppose he Q. Name some other day of that week 
 
has a book; I don't know. 
 
when you was at the shop'? A. I was 
 
Q. Will his books show the date of the there Tuesday morning. 
 
delivery ? A. He was some two or three Q. Name another day when you were 
 
I don't know how many days he was haul- there? A. Well, sir, I went up to 
 
14 
 
 188 
 
3IILITAKY OIJTKAGE IN GEORGIA. 
 
Lagrange. and I have not any recollection : Q. If you were to cast up and think as 
 
when I was there again at the shop. 
 
| to the day of the week that you were 
 
Q. Without regard to the day of the ' summoned to appear here, thinking over 
 
week, state the next time you were at the [ where you had been when you left home, 
 
shop, when you came back from Lagrange ? | could you not, and would you not most 
 
A. Well. sir. I don't recollect. 
 
probably be able to tell exactly what day 
 
Q. Who was there the nest time you was' of the week it was? A. It is likely that 
 
at the shop ? A. I have no recollection, ' I could, sir. 
 
sir. 
 
j Q. When you say then, in reply to the 
 
Q. State the last time you were there; question asked you by Gov. Brown, that 
 
before the Saturday before the 30th of; you can not now state any particular day 
 
31 arch? A. I can't call to memory, sir. on which any occurrence happened at your 
 
when I was. 
 
house, as the planting of cotton or corn, do 
 
Q. Can you locate another particular you mean or not simply to say that you 
 
day during the months of March and April, [ can not now answer the question presented 
 
when you were at the shop, except Satur- \ to you. without reflection? A. Well, I 
 
day before the 30th of March ? A. No,; was up there frequently, but I can not 
 
sir. 
 
j recollect the date. 
 
Q. Were you not there frequently dur- Q. When you come to think and reflect 
 
ing both these months ? A. Yes, sir. j upon the death of Ashburn. and your 
 
Q. Then, why is it that you can locate ; being in Lagrange, and where you were 
 
no other day. except those two days, when ' before, are you positive and distinct that 
 
you were there ? A. I don't recollect, sir. j these events occurred at the times you 
 
Q. Can you tell how many persons > stated here to-day? A. Yes, sir. 
 
were there on any other day when you! Q. Have you or not ever had a subject 
 
was there in these two months, and give j mentioned, the date when something oe- 
 
the names of these persons? A. No, sir. i enrred, when you could not recollect it at 
 
Q. Do you know what time you com-; once, but after thinking over other matters 
 
nieceed plowing over your corn ? What connected with it, become as positive and 
 
day of the month ? A. I suppose some j certain as to any event of your life? A. 
 
time in M.ly. 
 
. 
 
j Yes. I have done it. 
 
Q. No. I desire to know the particular Q. After thinking over closely these 
 
clay of the month ? A. No. sir. 
 
j events that you have testified about, are 
 
Q. Can you tell what day of the month ' you or cot certain and positive that they 
 
you commenced planting corn ? A. Yes. i occurred in connection as you have stated 
 
sir. 
 
j them? A. Yes. sir, I am certain. 
 
Q. What enables vou to remember that ?, 
 
. 
 
A. Circumstances of my planting corn;: Re-cross-examined ly Mr. Sramn. 
 
about the 10th day of March I generally \ Q. I would ask if your mind was 
 
plant corn. I commenced this year to j directed as distinctly to events to which 
 
plant corn then. 
 
I directed your attention, as it was directed 
 
Q. Can you swear that positively ? A. to the event of the hauling of the stocks, 
 
No, sir. I can't. It was about that time.. whether you could not recollect them as 
 
Q. Can you state the day positively on well? A. Well, I don't have any recollec- 
 
which you commenced planting cotton ? \ tions of any particular day when I was up 
 
A. No. sir. 
 
at the shop, or whom I met, or anything 
 
Q. Is there no incident connected with at the shop. 
 
your farming operations there that you can ! Q. Now I desire to direct your mind 
 
locate on & particular day, except the de- j positively and distinctly to the day on which 
 
livery of those stocks ? A. Not that 11 you heard of the arrest of Puke and 
 
recollect now. 
 
received the subpoena, and desire you to 
 
Re-examined .ly Mr. Stephens. 
 
take time and answer what day of the week and what day of the month it was? 
 
Q. If your mind had been directed by A. I don't recollect the day of the 
 
any of these events, is it not highly prob month it was. I recollect the day of the 
 
able that you could remember the particu week. 
 
lar days on which they occurred? A. It Q. Please take time to reflect, and then 
 
is probable that I could, sir. 
 
answer? A. (After short reflection, the 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
139 
 
witness says): I have no recollection of recollect the day of the week. I recollect 
 
the day, sir. 
 
that that was the time. I set it down. 
 
Q. I ask you, if you desire it, to take Q. You say you set it dowu? A. Yes, 
 
longer time for reflection? A. No. sir. sir. 
 
Hereupon the Court gives the witness Q. Where did you set it down? A. In 
 
privilege to go into a room by himself a book or on a piece of paper. 
 
and take time for reflection. The witness Q. Was it on a book or oa a piece of 
 
says, "I don't wish to retire." 
 
paper? A. On paper. 
 
Q. Do you believe, on an hour's reflec Q. What sort of a piece of paper? A. 
 
tion in a room, that you could answer with White paper. 
 
any more positiveness than you do now? Q. What have you done with it? A. 
 
A. No, sir. 
 
It's at home, I suppose, now. sir. 
 
Q. What has caused you to reflect so Q. Did you set down on a piece of paper 
 
particularly on the date when the stocks the day the stocks were being hauled? A. 
 
were delivered? A. I don't recollect, sir. No, sir. 
 
Q. Has your attention never been called Q. Well, now, can you locate any other 
 
particularly to that subject? A. No, sir. particular incident between the 1st of Jan 
 
Q. Then how is it that you can be so uary and 1st of June which you did not 
 
positive as to that incident, and can't be set down on a piece of paper, and give the 
 
positive as to any- other that has occurred particular day? A. I can give the day of 
 
within the last six months? A. It made the month, but I can't give the week. 
 
more impression on my mind I suppose, Q. What is the incident to which you 
 
sir the hauling of the stock. 
 
refer? A. I could look over and see. and 
 
Q. Can you mention any other incident I could refer to my almanac and see what 
 
that occurred between the first day of day of the week it was, if I wanted to see. 
 
January and the first day of June, giving Q. If you knew the day of the month, 
 
the precise date, of which you can be as you could look at the almanac and find the 
 
positive as of the date of the hauling of day of the week, could you? A. Yes, sir. 
 
the stock. 
 
Q. Can you give the day of the month 
 
This question was objected to informally now on which any other incident occurred 
 
by Mr. Stephens, and withdrawn by Gov. that you did not reduce to writing? A. 
 
Brown. 
 
I commenced planting corn on the 10th of 
 
Q. Can you now state distinctly the day March. 
 
of the week and month on which they Q. Did you not state a while ago, under 
 
began to haul the stocks? A. No, sir, I oath, that you would not be positive 
 
can not. They were hauling on the days about that? A. No, I would not be posi 
 
that I mentioned. 
 
tive, but since reflection I commenced 
 
Q. Can you. mention any particular day planting corn on the 10th of March and 
 
when you know they did haul stock? A. cotton on the 15th of April. 
 
Yes. 
 
Q. Did you set dowu the day on which 
 
Q. What day? A. The last day of you commenced planting corn? A. I put 
 
March, sir. 
 
down the day of the month, not the day of 
 
Q. Is there any other incident that the week. 
 
occurred between the first day of January Q. Where did you put it down? A. 
 
and the first day of June, that you can On a piece of paper. 
 
recollect as distinctly, and locate as posi Q. I asked you if you could locate any 
 
tively on a particular day, as you can that other incident within the time I have men 
 
incident? A. Well, I suppose there is. I tioned, and give the precise day that it 
 
uppose I could do it. 
 
occurred, which you did not put down on 
 
Q. What is it? A. Well, I commenced a piece of paper. A. Yes, sir, the 31st 
 
planting cotton on the 15th day of April. of March; I supposed they commenced 
 
Q. Do you swear that positively? A. hauling stocks about that time about the 
 
Yes, sir. 
 
31st of March. 
 
Q. What day of the week was it? A. Q. I said any other incident; you have 
 
I don't recollect the day of the week. 
 
already testified about that incident. A. 
 
Q. Then how can you swear positively Well, I don't remember, sir. 
 
to the day of the month, and you can't Q. Can you remember no other? A. 
 
recollect the day of the week? A, I don't No. 
 
 140 
 
MILITARY OUTRAGE IN GEOBGIA. 
 
Examination by Mr. Stephens. 
 
Cross-examined--Questions l>y Broztm. 
 
CLIFFORD A. STYLES was introduced as Q. What enables you to be so positive 
 
a witness by the defense and duly sworn, on that subject? A. In regard to having 
 
and testified as follows: 
 
seen him there, sir? 
 
Q. Doctor, please give the Court your Q. Yes, sir. A. From the fact that I 
 
name in full Christian name and all to was called in the neighborhood to see my 
 
the Court. A. Clifford A. Styles. 
 
patients on the 30th of March. 
 
Q. Are your a brother to the Hon. Q. Did you visit those patients more 
 
William H. Styles. Minister to Austria than once. A. I did sir. 
 
some time aso. and to the Rev. Dr. Joseph Q. How often? A. I don't remember 
 
C. Styles. ofBichmond. Ya.? A. Yes. sir. exactly, several times. 
 
Q. Where do you reside now, Doctor? Q. On what days did you visit them? 
 
A. In Merriwether eountv. 
 
A. About twice a week I was in the habit 
 
Q. This State? A. State of Georgia. of going to Greer's then I stopped on the 
 
Q. What is your profession? A. Physi road to see those who were sick on the 
 
cian. 
 
plantations. 
 
Q. Do you know William Duke. A. Q. Give the precise days of the week 
 
I do. 
 
and mouth on which you visited each of 
 
Q. Do you see him in this row of gen those patients each time? A. I can't do 
 
tlemen? A. I do. 
 
it; I have not my record with me. 
 
Q. Will you point him out to the Court? Q. Why did you bring your record 
 
-4. I will. (Witness points out Mr. Duke, with you? A. Because I had no thought 
 
the accused.) 
 
I would be called on to produce it. 
 
Q. How far do you reside from his Q. Dad you not come under a subpoena, 
 
father's? A. About three miles. 
 
Doctor? A. I am not certain whether I 
 
Q. Did you see him at his father's have or not, sir; I was noticed by the gen 
 
at any time during the latter part of March tleman who stopped at the house. He 
 
of this year? A. I did. 
 
told me to come on. 
 
Q. What was the day of the week and Q. Have you received any written sub 
 
of the month, and state the circumstances poena? A. I have not. sir. 
 
where you saw him? A. It was on Mon Q. Did you pass by the shop more than 
 
day, the 30th of March. 1868. at his fath once while you were visiting your patients 
 
er's workshop, about forty miles east of in the neighborhood? A. I did. 
 
north of Columbus. 
 
Q. How often did you pass there? A 
 
Q. What time in the evening? A. Be- I don't remember very exactly. I have 
 
tweea five and six P. M. 
 
been in the habit of passing there generally 
 
Q. Has your attention been called spe about twice a week. 
 
cially to the time on which you. saw him? Q. Can you locate with distinctness any 
 
A. Yes. sir. 
 
other day in the week or month when you 
 
Q. Do you reeollec-t when Mr. Ashburn, passed there? A. No, sir, I can not. 
 
of Columbus, was assassinated? A. I do. Q. How long have you been practicing 
 
sir. 
 
in that neighborhood? A. I think about 
 
Q. Do you recollect where you were three years. 
 
when you first heard of it? A. I do. 
 
Q. Have you generally passed the shop 
 
Q. Where were you? A. In Duke's twice a week during that time? A. Only 
 
workshop. 
 
for the last year, sir, have I been in the 
 
Q. Was Mr, Duke, the accused, present habit of passing there twice a week. 
 
at the time you heard the news? A. He Q. Can you, upon your oath, locate any 
 
was. 
 
other distinct time, within the past year, 
 
Q. Do you recollect the day of the week when you passed that shop, giving the day 
 
it was when you were there and heard the of the week and month? A. I can not 
 
news? A. I think it was about Thursday; unless I have my record with me. 
 
I am not certain. 
 
Q. This, then, is the only instance with 
 
Q. Are you certain that it was the Mon in the year when you can locate the pre 
 
day evening before the news reached yon cise day without your record? A. It is, 
 
that vou saw him there? A. I am. 
 
sir. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
141 
 
Be-direct Examination--Questions by Mr. me and his brother if I had heard of the 
 
Stephens. 
 
assassination of Ashburn. 
 
Q. Is this because you lately looked at the record and know it to he so? 
This question was objected to by Gov. 
Brown, and withdrawn by consent of coun sel. 
 
I 
 
Q. Well, Doctor, what has your record to do with that? A. It has nothing to do with that; it only refreshed my mind that I passed there a few days after I returned, and he asked me if I had heard of the as sassination of Ashburn. 
 
Re-cross-examined--Questions ly Gov ernor Brown. 
 
Q. If your record shows that you are visiting patients in the neighborhood on a 
 
dozen different days, and you are in the 
 
Q. Have you looked at your record in habit of passing the shop twice a week, 
 
reference to this particular visit? A. I how can you say from the record that you 
 
did, sir. 
 
passed there on this particular day and 
 
Q. After having examined the record not on another day in the record? A. 
 
for the purpose of refreshing your recol Because when I passed by Duke's it was 
 
lection, are you now able to state from on my way home, and by referring to it I 
 
memory and not from record, that it was could always tell what day I passed, be 
 
on that particular day? A.. Yes, sir, I cause it was on my way home. 
 
am, from the fact that old Mr. Duke came Q. State what other days about that 
 
from Columbus on Sunday. 
 
time it appears from your record you 
 
Q. Is that on your record? A. No, sir; were in the neighborhood seeing patients. 
 
old Mr. Duke started from Columbus on A. I can't tell, sir, for I only examined 
 
Sunday with a^little pair of steers one gave my record in regard to this case. 
 
out and he left them at King's Gap in the Q. When did you make that examina 
 
mountain, about ten miles from his house. tion of the record, Doctor, in reference to 
 
We came on together to the shop; I saw this case? A. About a week and a half 
 
William Duke then, and I expressed my ago, I think. 
 
surprise at seeing him there, for I had Q. How then did you connect the entry 
 
heard a short time before that he was going of the 30th of March with that particular 
 
to Arkansas; whereupon he remarked that incident, rather than the 29th of March? 
 
he had been home several days. 
 
Judge Benning--I object to the ques 
 
Q, Well, now, Doctor, what connection tion on the ground that the witness has 
 
is there between that affair about the steers never said there was an entry of that day. 
 
and your record. A. Only that I remem Hereupon the Court adjourned until 
 
ber that it was on Monday, the 30th, that Tuesday morning, 10 o'clock A. M. 
 
I passed there. 
 
Q. Well, does your record have any 
thing to do with that? A. Nothing to do with the steers. 
 
x BABRACSS, ATLANTA, GA. ~i 10 o'clock A. M. July 14, 1868. f 
 
Q. Does it have anything to do with The Commission met pursuant to ad 
 
the particular time that you passed Duke's? journment. 
 
A. Yes, it has to do with that, it reminds Present, the same members as yester 
 
me of the time that I passed by .there. day, the Judge Advocate and his assistants, 
 
Q. Nothing written in it about Duke the prisoners on trial and their counsel. 
 
or passing Duke's? A. Nothing. 
 
The record of yesterday's proceedings 
 
Q. Does not your record relate simply to was read as far up as to the evidence of 
 
your visits in the neighborhood? A. It Dr. Styles, and approved. 
 
does simply. 
 
The evidence of Joab Abney was then 
 
Q. Well, now, if you find upon your read to him; he desired to make no cor 
 
record that you visited passed there on rections, and was discharged. 
 
the 27th, 28th, 29th, 30th, and 31st of The evidence of Stith A. Parham was 
 
March, and the 1st, 2d, and 3d of April, then read to him by the Judge Advocate 
 
how can you tell, looking at the record, in open court. The witness desired and 
 
what particular day you passed Duke's obtained permission of the court to add the 
 
and saw William at home? A. Because I following to his testimony: 
 
remember a few days after I passed there, "Well, about the time I started from 
 
I returned, and he was there, and asked home upon reflection I recollect the rime 
 
 142 
 
MILITARY OtTTRAGE IN, GEORGIA. 
 
I left home: it was on the 7th of July, ! disease only once in five days? A. Ho 
 
and I landed here on the 8th. This is all i had a chronic case; it was a chronic ease, 
 
the correction I want to make." 
 
sir; in the country in chronic eases we can 
 
Mr. Crawford, of counsel for the de ! not get around, sir, oftener than in four or 
 
fense, presented the following to the Com ! five days; I was visiting his wife also, I 
 
mission: 
 
said, at the same time; she had a spinal 
 
"Mr. Crawford. of counsel for the pris irritation. 
 
oners, begs leave to announce to the Com I Q. In your examination on Monday 
 
mission the severe indisposition of Mr. afternoon did you not state that you vis- 
 
Stephens, and his inability to be pres j ited several other patients on the same af- 
 
ent to-day, and to ask an adjournment until iternoon? A. Yes, sir; I did. sir. 
 
to-morrow, at which time hs expects to be Q. Then how can you now single out 
 
in attendance."' 
 
Greer's case from the balance, and rercern- 
 
The Commission granted the request, j ber that it was in connection with a visit 
 
and adjourned to 10 o'clock A. 31. to-mor to Greer that you saw him? A. From the 
 
row. 
 
fact that the sick on the other plantations 
 
were not on ruy memorandum, as I at 
 
x BARRACKS, ATLANTA, GA., ~| 10 A. M., July 15, 1868. / 
 
tended them by contract, and I was in the habit of attending them of passing there twice a week, to see if anything was 
 
The Commission met pursuant to ad needed. 
 
journment. 
 
Q. Was there any connection in any 
 
Present, same members as yesterday, way between Greer and Duke that caused 
 
the Judge Advocate and his assistants, you to charge your mind particularly with 
 
the prisoners on trial, and their counsel. the presence of Duke that particular even 
 
The record of yesterday's proceedings ing? A. From the fact that on referring 
 
was read and approved. 
 
to my record I found that it was the 30th 
 
The examination of Dr. Clifford A. of March that I attended Greer. I re 
 
Styles, a witness for the defense, was con member when I returned from Greer's on 
 
tinued. 
 
the 30th of March I met Wayne Duke, 
 
"" Judge Benning. of counsel for defense, with a pair of steers, on his way home; I 
 
having on Monday objected to the question remember that was on Monday. 
 
asked by Gov. Brown. "How then do yon Q. Did anything occur at that time that 
 
connect the entry of the 30th of March caused you to suppose that you would be 
 
with particular incident rather than the called upon to recollect the particular date 
 
29th of March?" this morning withdrew of that visit? A. No, sir, nothing at all, 
 
his objection, and the witness answered: sir; there icas something that of course 
 
A. From the fact that on referring to reminded me forcibly of it not that I ex 
 
my memorandum I did not see that on the pected to be called as a witness here. A 
 
night of the 29th I had visited Mr. Greer; I few days afterwards I was at the shop and 
 
I did on the 30th; that was the day I ] heard that Ashburn was assassinated; of 
 
passed the shop. 
 
course I remembered having passed there, 
 
Q. On what other day about the 30th sir, a few days before, and on reference to 
 
did you find by reference to your memo niy record I found it was the 30th of 
 
randum that you did visit Mr. Greer"? A. March; I remembered that I had just 
 
I did not find any reference on my memo passed there a few days before; I refer to 
 
randum that I visited Greer on any other the death of Ashburn. 
 
time near the 30th of March. 
 
Q. What connection was there between 
 
Q. When did you last visit him before the death of Ashburn and Duke that 
 
the 30th of March? A. It had been some caused you to think of the place were you 
 
four or five I don't remember exactly saw Duke when you heard of the death of 
 
some four or five days. I think. 
 
Ashburn? A. From the fact that I was 
 
Q. When did you next visit him after trying to locate myself, where I first heard 
 
the 30th of March? A. I presume about of it; before then I mentioned it was there 
 
five days after. 
 
at the shop that I heard of it. 
 
Q. What was the matter with him. A. Q. Were you apprehensive that you 
 
Inflammation of the bowels. 
 
would be accused of any connection with 
 
Q. Is it usual to visit patients with that Ashburn 's death? A. Not at all, sir. 
 
 MILITARY: OTJTBAGE 13? GEORGIA. 
 
143 
 
Q. Then why was it necessary to locate been so cruel to the blacks, did they state 
 
yourself at the time you heard? A. As to you how it was that he had such a de 
 
soon as I heard of the arrest of William cided influence over them? A. They did not. 
 
Duke I felt certain that he was innocent Q. Who told you that this was a masked 
 
of what he was accused, namely, the kill assassination? Did Duke tell you that? 
 
ing of Ashbura, and I remembered having A. I don't remember his having told me 
 
first learnt from him of his having been so, but 1 heard it, and saw it in the papers 
 
assassinated. 
 
that it was done with masks. 
 
Q. Doctor, bad you ever thought of the Q. Did you not state that you got your 
 
necessity of locating Duke at the time first information of the assassination from 
 
Ashburu was killed until you heard of Duke? A. Yes, sir. I said nothing 
 
Duke's arrest? A. No, sir, I had not. though in regard to its being a masked 
 
Q. When did you first hear of Duke's assassination. He merely asked me if I 
 
arrest? A. .1 don't remember precisely. had heard of the assassination of Ashburn. 
 
I think it was about a month ago. 
 
That is all I remember. A few days after 
 
Q. What day of the month was it? A. wards I saw that it was a maslced assassina 
 
I don't remember, sir. I didn't think it tion. 
 
was necessary to remember it. There was Q. Who first told you that the assassin 
 
nothing particular occurred on that day to ation was a masked assassination? A. I 
 
remind me of it. 
 
heard it from common talk, and saw it ia 
 
Q. Do you recollect the day of the the papers. 
 
week? A. I don't recollect. I think it Q. What papers? A. I think the 
 
was on Saturday. 
 
Columbus Sun. I don't remember exactly. 
 
Q. Did you hear of- it the same day I think the Columbus Sun. 
 
on which he was arrested? A. No sir. Q. Of what date? A. I don't remem 
 
I heard it on the following morning. 
 
ber the date it was shortly after the 
 
Q. Are you satisfied that it has been as occurrence. 
 
much as a month ago? A. I am not fully Q. Do you take the Columbus Sun? A. 
 
satisfied I think it was. 
 
I do not. 
 
Q. Did not the arrest of Duke make a Q. Whose paper did you see it in? 
 
decided impression on your mind? A. It By a member of the Commission--I 
 
did. 
 
object to the manner of conducting the 
 
Q. As he was your neighbor, did it not cross-examination, on the ground that the 
 
make more impression on your mind than questions asked are very irrelevant, and 
 
when you heard of the death of Ashburn? their answers will only encumber the pro 
 
A. It did not, sir, from the fact that a ceedings. 
 
notorious character, one who was well Counsel for the prosecution answered 
 
known in our county to both whites and the objection with the following: 
 
blacks, more especially the latter, some of "As the witness swears to a particular 
 
whom informed me that they knew him fact which occurred three and a half 
 
when he was an overseer; and that he was months since, with great positiveness, it 
 
a remarkably cruel one passed away on is not only relevant, but necessary to the 
 
the 30th of March; and that this was the investigation of truth to test the accuracy 
 
first masked assassination I ever beard of of his memory on other incidents that 
 
in the State. Of course, it made a great occurred about the same time. If he can 
 
impression on my mind. 
 
be positive about no other fact or date of 
 
Q. As you traveled somewhat out of that or another period, it is fair to argue 
 
your way, Doctor, to state Ashburn's char that he may be mistaken when he swears 
 
acter as an overseer, will you state who so positively to the f<ict of the date of 
 
gave you that information? A. I can, Ashburn's death, and Duke's location at 
 
sir. 
 
the time. 
 
Q. Who was it? A. A freedman by "It is a question of the strength and 
 
the name of John Reese was one; another accuracy of his memory, which can only - 
 
was named Sambo Elyeas; another by be tested by interrogating him as to other 
 
the name of Cooper, whose surname I incidents that occurred about the same 
 
don't remember his Christian name is time." 
 
Cooper. 
 
The court was cleared for deliberation 
 
Q. As they stated to you that he had and the objection overruled. 
 
 144 
 
MILITARY OUTRAGE IN GEORGIA. 
 
To the question "Whose paper did you ' sassination of Asliburn to have any thing 
 
see it in." witness answered: 
 
j to do with this case. 
 
A. I saw it in a paper at the Sulphur ] Q. Then when you referred to your 
 
Springs: it was lying on a desk; I don't I memorandum book you simply looked for 
 
know whose it was: I presume it belonged an entry that fitted the time of the assas- 
 
to the proprietor there. 
 
sination of Ashburn, did you not? A. I 
 
Q. Had you ever thought of the date of: remembered that he was there when I was 
 
Ashburn's death after you had heard of it j informed of the assassination of Ashburn; 
 
until you heard of Duke's arrest? A.' I remembered that I met Duke a few days 
 
When he told me that Ashburn had been before I heard of the assassination, when I 
 
assassinated I asked him when it was, and was returning from Mr. Greer's; I remem- 
 
he told me when it was; he told me it was ; bered that it was on Monday, from the fact 
 
a. few days before that he had been assas- j that the'steers had been left at Kings Gap 
 
sinated; I then read from the papers after- on Sunday. 
 
wards when it was. 
 
1 Q. If the assassination had been on the 
 
, Q. Didn't Duke tell you the day on \ 28th of March, and you had formed an 
 
which it occurred? A. He told me the ' entry on your book fitting that date, would 
 
day. but not the day of the month. 
 
j you not have believed and so stated here 
 
Q. Had you thought of the date of that that was the date you saw Duke. A. 
 
Ash burn's death at any time within the ! I would not, from the fact that I remem- 
 
last two months before you heard of Duke's! bered that it was on the 30th of March 
 
arrest? A. Xo. I had not. 
 
that Ashburn was assassinated; it was im- 
 
Q. What caused you to look at your pressed on my mind. 
 
memorandum book when Duke was ar- : rested? A. I didn't refer to it then; I 
 
Q_uesti.on Uy th, e C-,ourt. 
 
did after I heard that I would be needed Q. Why did you not bring your memo 
 
here, about a week and a half ago. 
 
randum with you to read from and confirm 
 
Q. Did you look at any entry except your evidence? A. Because I had no idea 
 
the entry of the 30th of March? A. I that I would be called on to produce it; 
 
did. sir; I looked at the entries that were never having been on the stand before, I 
 
near the 30th of March; I saw at that time j had no idea what questions would be pro- 
 
I had not passed in that direction, on my j pounded. 
 
way home, coming from Greer's. 
 
j The evidence of this witness given on 
 
Q. Have you not stated that you passed ! day before yesterday was then read to him, 
 
the shop twice a week? A. I did, sir; it land upon agreement of counsel, permission 
 
may have been the latter part of the week;: of the Commission and the request of wit- 
 
it may have been Saturday; I was there ! ness, the remainder of his evidence given 
 
on Monday; it may have been Saturday \ in to-day was read over to him from the 
 
when I passed again; that was not near reporter's notes. He desired to make no 
 
enough for me to refer to; I went to the corrections, and was discharged. 
 
shop about Thursday, I think, to see about having some work done; I hadn't passed; 
 
i 
 
Questions "by Mr. Stephens. 
 
I didn't go on professional business from I F. G. WILKINS, a witness for defense, 
 
my house to the shop. 
 
! was then introduced, and duly sworn. He 
 
Q. How often did your memorandum ! testified as follows: 
 
book show that you passed there on the; Q. Please state to the Court, Mr. Wil- 
 
last week of March? A. I didn't take kins, your name in full, and where you re- 
 
particular notice of that, from the fact that; side. A. F. G. Wilkins. I reside in 
 
I saw that I had not been by there for; Columbus, Georgia. 
 
some time before the 30th of March ! Q. Where were you at the time of the 
 
some little time. 
 
j death of Ashburn ? A. I was at home, 
 
Q. After having refreshed your memory j dwelling in the north-eastern portion of the 
 
by referring to your memorandum book, [ city, 
 
how often do yon say you _were there the j Q. Did you hold any official position at 
 
first week of April? A. I can not say any time, and if so, what was it ? A. I 
 
sir. how often; I didn't take any particu did, sir Mayor of the city of Columbus. 
 
lar notice of the time, from the fact that I Q. Who were the officers under you ? 
 
did not think it was near enough the as- A. The Treasurer was Robert H. Grain; 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
145 
 
the Clerk was M. M. Moore; the Wharfin- body next morning, and in summoning the 
 
ger was James Barber; the City Physi- jury, to take none upon it but the most in- 
 
cian was Dr. Koper; Hospital Keeper, j telligent men in the city. After he came 
 
Mrs. Catherine Anderson; the Magazine back, I then instructed my marshal; I only 
 
Keeper was James Liner; Clerk of the had, I think, about eight men and the 
 
Market was also James Liner; the Marshal,' deputy marshal and my captain. My in 
 
Chief Marshal, was M. M. Murphy; the structions to my marshal was to distribute 
 
Deputy Marshal and Chief of Police was them to the best possible advantage, and 
 
Robert A. Wood; the Captain of Police to arrest all men they might find passing 
 
was Captain A. W. Alien; the police offi about between that hour and day. That 
 
cers I think I had reduced them about time, I think, brought me up to near 3 
 
one-half. I will name them over as near o'clock. I instructed the marshal, also, to 
 
as I can: There's William Cash, Charley keep a man in the neighborhood of the 
 
Bradey, James Wiggius, Edward Burns, (I house where Ashburn lay; and at that 
 
think he was a policeman at the time, I time I returned home. But previous to 
 
disremember my memory is at fault), A. my return home, I also gave my instruc 
 
C. Roper, David Stuart. 
 
tions to my marshal as soon as he ate his 
 
Q. What hour of the night were you breakfast to go round and summon the 
 
first informed of the death of Ashburn ? Board ofAldermen to meet me at the Council 
 
A. About ten minutes to 2 o'clock, I think. Chamber at 9 o'clock, which was done, and 
 
At least, somewhere in that neighborhood. the Board met me, save two. We then in 
 
Q. Did you go immediately to the troduced an ordinance, condemning the act, 
 
scene or not? A. 1 did, sir. 
 
and offering a reward of five hundred dol 
 
Q. What measures did you take in re lars for the perpetrators of the murder 
 
lation to it ? A. The first steps that I either one or more. 
 
took, after getting to the place was to get Q. What's the usual reward offered in 
 
into the house; I found in the house (the cases of murder? A. I believe the Gov 
 
policemen and Marshal went with me) only ernor of the State usually offers from 8250 
 
four persons, a negro woman, white to SSOO. I don't know that I ever knew 
 
woman, negro boy and a white man by the a larger amount I don't recollect now, 
 
name of Bennett. I don't know his first though; he may have done it; I don't 
 
name, and there was a negro man standing recollect having any occasion for offering a 
 
outside of the door. 
 
reward before that. 
 
Q. Do you know the names of these I then during the day increased the 
 
other persons that you saw there? A. police force to sixty men had them all 
 
Only two of them, Anna Flourney and appointed and on duty by night, with in 
 
this man Bennett. I knew his name was j structions to each one of them to be vigi 
 
Bennett, having seen him when he was lant, and do everything they could to ferret 
 
pointed out to me. 
 
out the perpetrators of the deed. I forget 
 
Q. What else did you do, Mr. Wilkins? now whether I kept the whole number"of 
 
A. I assembled the three persons to-1 those men on duty until after the election 
 
siether the negro woman, white woman or not, but I kept a greater portion of them. 
and Bennett (I at that time had lost sight Q- How long was the election after 
 
of the boy) and asked them if they could that? A. Well, I would not have been 
 
give any definite idea as to who were the ' able to tell the day he was killed, hadn't 
 
perpetrators of the act. After talking with i-t-b'-een-'f-or t"he papers. IT f"ind- that i-t was 
 
them a few moments and not learning any on the 30th of March, The election, 
 
thing from them, as they all appeared to was on the 20th of April- on Monday. 
 
very much frightened, I then went into Hereupon, owing to the sickness of one 
 
the room where Ashburn lay and looked of the members of the Commission, the 
 
at him, and had him straightened. I C_om_m_issio_n a_dj,our_ne.d until to-morrow- 
 
came out immediately and sent one of my I morning at ten o' clock, 
 
policemen down after the coroner; I am 
 
not confident whether the coroner came 
 
McPaEBSox BABKACKS, ATLANTA, GA., "t 
 
back with him or not. I am very well sat 
 
10 o'clock A. M., July 16,.1868. / 
 
isfied that he did, and I told him what he The Commission met pursuant to ad 
 
should do; to immediately summon a jury journment. Present, the same members as 
 
of inquest, to hold the inquest over the yesterday, the Judge Advocate and his 
 
15 
 
 146 
 
MILITARY OUTRAGE IN GEORGIA. 
 
assistants: also, the prisoners on trial and lumbus about the size and make of Mr. 
 
their counsel. 
 
, Chipley? A. I am a very poor hand to 
 
The record of yesterday's proceedings ! locate anything of that kind, but there are 
 
was read and approved. 
 
; several in Columbus, though I can not 
 
The examination of the witness. F. G-.! locate them. I do not know that I could 
 
Wiikins. was resumed by Mr. Stevens of'name them now. 
 
counsel for defense. 
 
Q. Do you know Capt. Tom Blanehard 
 
Q. Mr. Wilkics. you yesterday men- there? A. Very well. 
 
tioned names of certain parties under you : Q. How does his size and general make 
 
as Mayor Barber. Wood. Eoper, Wiggins. \ compare with Mr. Chipley's? A. They 
 
Are these the parties on arraignment here? are made very much alike about the same 
 
A. They arc. 
 
; height and breadth. 
 
Q. Are you acquainted with all the par-; Q. Do you know Rory McNeil? A. I 
 
ties on arraignment DOW? A. I am, with ' do. 
 
the exception of two. I know them all, j Q. How does his size and general pro- 
 
but these two not so intimately as I know ; portions of body compare with Mr. Chip- 
 
the most of them. There are two of them j ley? A. Very much, with the exception 
 
that I do not know so well, although I of McNeil being somewhat taller very 
 
have known them several years. 
 
little tailer, however. 
 
Q. Which two are they? A. Mr. Q. Do you know John McNeal? A. I 
 
Duke and Mr. Hudson. 
 
do. 
 
Q. State to the Court the character of Q. What do you say of his size eoin- 
 
these parties you know intimately and; parative size? A. His general make 
 
well? A. They are all gentlemen of good ! would correspond with Mr. Chipley's more 
 
cnsraeter. 
 
than the others. 
 
Q. Do you know anything special about: Q. Do you know Laurence Burroughs? 
 
Mr. Chipley's habits at night being out or ; A. I do. 
 
not? J.. I do. 
 
j Q. How does his size compare? A. 
 
Q. State it to the Court. A. I know ; He would come nearer filling the bill than 
 
something in reference to his habits. I either of the others. 
 
myself am in the habit of being out at all ' Q. Do you know one Jake Burroughs? 
 
hours of the night, and I do not recollect I A. I do. 
 
of ever having met Mr. Chipley out in the Q. What would you say of his size 
 
street after tea more than on one or two or compared with Mr. Chipley's? A. Corn- 
 
three occasions. 
 
' ' pare very well, sir. 
 
Q. What is the occupation of Mr. Chip-: Q. Are you acquainted with that man 
 
ley? A. He is a merchant. 
 
Bennett that you say you saw in that room 
 
Q. Has he any family? A. He has. j that night? A. I know him. 
 
Q. Of whom does his family consist? Q. Are you acquainted with his general 
 
A. His wife, and I think one child, as far ' character for truth and veracity, A. I 
 
as I know. 
 
i am. 
 
Q. What is the occupation of Mr. Be-1 Q. From that general character would 
 
deli? A. He is a clerk in an insurance ' you believe him on oath? A. I would not. 
 
office. . 
 
j Q. Do you know Wade Stevens? A. 
 
Q. Do you know his habits as to being I do. 
 
out at night or not? A. I do. 
 
j Q. Do you know his character for truth 
 
Q. What are they? A. Mr. Bedell is ' and veracity? A. I do. 
 
in the habit of being near his place of: Q. From that character would you be- 
 
business and sleeping apartments at night. [ lieve him on his oath? A. I would not. 
 
There is where I have most frequently met i Q. Do you know George Betz, the 
 
him. I have met him on one or two oc- ] young man? A. I do. 
 
casions between the middle part of the i Q. Are you acquainted with his general 
 
city and my dwelling in returning home' character for truth and veracity? A. I 
 
from a visit from some young ladies. 
 
am. 
 
Q. As Mayor, were you frequently out Q. From that knowledge would you be 
 
at night yourself in different parts of the lieve him on his oath? A. I would not. 
 
city? A. I was, sir. 
 
Q. Do you know Charles Marshall, who 
 
Q. Do you know other persons in Co- has been a witness in this case? A. I do. 
 
 MILITARY OUTRAGE IS GEORGIA. 
 
Q. Do you know anything of a present: pected to go; he told me he wanted to get 
 
of a watch that was made to him at any off the following Thursday. I then told 
 
time this year? A.. I know there was a him, says I, "If you expect to go Thursday 
 
watch presented to him a watch and T will not loan you the money, but if you 
 
chain. 
 
will promise me to remain until after the 
 
Q. Do you know the circumstances election I will let you have it. At the 
 
under which it was, and why it was, pre time he first mentioned it to me he pro 
 
sented to him? A. 1 do. 
 
posed to put upon the note Capt. Mills and 
 
Q. Please state to the court. A. Do Capt. Harris. He then consented to re 
 
you want all the circumstances connected main till after the election. Nothing 
 
with it? 
 
further was said between us in reference to 
 
Q. In the first place, when was it? A. the money until after the election. He 
 
I think it was the latter part of the last came to me and told me he was going to 
 
week of the 20th of April. 
 
leave on such a morning, and I told him 
 
Q. Do you mean to say it was a few- I would let him have some money. I 
 
days after the election? A. Yes, sir." 
 
went to the Secretary of the Democratic 
 
Q. Now state why it was presented to Club there, who had charge of the moneys. 
 
him? A. It was made up by the citizens That was after the election. I wanted to 
 
A few young men of the city on ac know how much funds they had that I 
 
count of his being reduced in consequence wanted some for this purpose. All that 
 
of his action during the election. The was left was 25:1 got that, and a friend 
 
young men of the city, from his general of mine made up. I think, $30. I paid 
 
deportment there, took a fancy to him. and him 45 myself, and gave it to him the 
 
thought at first they would make up a con night before. He left for New York in 
 
tribution sufficient to buy a handsome suit the morning. 
 
of clothes and present it to him. A few Q. Was he active during that election? 
 
days after that Capt. McSpadden, of the A. He was. 
 
Internal Revenue Department, then came Q. In co-operating with what party ? 
 
to me and said that he thought the citizens A. The Democratic party. 
 
ought to make him up a handsome present; 
 
that he was going away himself, but if they would get up such a present he 
 
Cross-examined Ity Brown. 
 
would give $25 towards it. Well, they Q. Mr. Wilkins, how long have you 
 
changed from the suit of clothes to a watch been acquainted with Mr. Marshall? A. 
 
and chain. The money made up was, I I think he came there in April or May, 
 
think, some 8300 or 6350, and Capt. Har 1867, and I became acquainted with him 
 
ris, of the Internal Eevenue Department, two or three months after he got there. 
 
paid 50 toward it, after the watch was Q. When did he first commence to co 
 
purchased and presented to Marshall. It operate with the Democratic party? A. 
 
was in eonsequw.ee entirely of his action Previous to the election. 
 
during the election the part he took and Q. About how long previous? A. We 
 
the interest he exhibited. 
 
did not conceive we had any use for-him 
 
Q. Do you know anything of his having until about two or three weeks before the 
 
received money otherwise? A. Yes, sir; I election. 
 
let him have $100. 
 
Q. When did he first commence to take 
 
Q. State the circumstances under which a stand in politics? A. A short time be 
 
you let him have it, and why you let him fore the election; in fact I can nob say he 
 
have it. A. The Sunday night week took a stand in politics, further than 
 
previous to the election I was down town operating for our benefit during the election. 
 
about ten o'clock at night. He met me Q. When did you first learn he was a 
 
near the side door of E. Bonnard & Co.'s Democrat? A. Pretty soon after I got 
 
store: I was then talking with Mr. Bon acquainted with him. 
 
nard. He took me off to one side and re Q. Did he not at all times express him 
 
marked that he had applied for a furlough, self very freely and favorably towards the 
 
and he was satisfied he would get it; that Democratic party? A. I do not think I 
 
he was obliged to go to new York, and he ever had any conversation with him as to 
 
desired to borrow 200, and wanted me to his political position until a, short time 
 
let him have it. I asked him when he ex previous to the election; iny first knowledge 
 
 148 
 
MILITARY OUTBADE IN GEORGIA. 
 
of his being a Democrat was previous to | Q. Did you promise him any definite 
 
his being appointed Orderly Sergeant of I amount if he would stay until after the 
 
his company: the former Orderly Sergeant' election? A. I did not. 
 
was very much opposed to him in politics, i Q. Will you name the persons, as far as 
 
and through my police officers I learned! you know them, who contributed towards 
 
that Marshall was a strong Democrat, as | the purchase of the wateh? A. I know 
 
his Orderly Sergeant and himself used to ! of only two persons. 
 
have some very sharp words upon politics. Q. Who were they? A. Capt. Harris, 
 
Q. Was not his position in the-city well i of the internal revenue department, and Me- 
 
known as a Democrat some months before I Spadden of the same department, 
 
the election? A. It was; at least I looked Q. Have you no information as to the 
 
upon him as such; I do not know as I (names of the other persons who contribu- 
 
ever heard any one else say so. 
 
ted? A. I think Mr. Gray was the gen- 
 
Q. What were his associations there? tleman who raised the money, and, as well 
 
Was he well received by gentlemen of the ' as I recollect, he mentioned the name of 
 
Democratic party? A. I do not know that j Mr.'Saulsbury. As to the amount con- 
 
I now recollect of ever seeing him in com- tributed, I know nothing, 
 
pany with any of the citizens; he would i Q. I believe you stated that Mr. Harris, 
 
frequently meet me upon the street of the [ of the internal revenue department, con- 
 
city, and I would always treat him kindly tributed $50. How much was contributed 
 
and politely. 
 
by the others mentioned? A. Twenty-five 
 
Q. Did you frequently stop and eon- dollars Harris paid for himself, and 
 
verse with him on polities? A. I never 25 for MeSpadden. He told me he 
 
conversed with him on polities at all unless paid that after the wateh was presented. 
 
it might have been just previous to the He told me that about two weeks ago. 
 
election, and at the time he spoke to me Q. Then how much altogether can you 
 
about borrowing the money. 
 
j account for? A. On the watch? 
 
Q. You say a friend made up $30 of | Q. Yes, sir. A. I can not account for 
 
the 8100 you loaned him; who was that! any of the rest; 50 is all I can account 
 
friend? A. I received $25 from the j for. I do not know how much Mr. Sauls- 
 
Democratic purse, 5 'from Gray, and $45 \ bury contributed. 
 
I gave myself, and 25 was given by Mr. Q. Did you not hear the persons making 
 
Ooleman. 
 
up the money speak of any one of these 
 
Q. Do you know who contributed the gentlemen now on trial having contributed. 
 
$25 that was made up by Mr. Coleman? | A. 2fo, sir, I did not. 
 
Did he say. when he gave it, who he got it! Q. What do you understand to have 
 
from? A. 2so. sir: he did not. 
 
been the value of the watch and chain? 
 
Q. Did you demand any note or security A. I think Mr. Speer told me. it was pur 
 
from him when you gave him the money? chased of him; it was between $300 and 
 
A. I did not. 
 
I 350. 
 
Q. Did you expect him to return it or I Q. The wateh and the money then 
 
pay it back? A. I had very little ex- j amounted together to some $400 or 450, 
 
pectation of ever receiving it would have ! did it? A. Yes, sir. 
 
been verv srlad if he had. 
 
Q. Do yon know of any other person in 
 
Q. As it was made up by contribution, Columbus who received anything like that 
 
did you not all really understand it to be | amount for his services in aid of the Dem- 
 
a donation ? A. No. sir; no one knew! ocratic party during the election? A. I 
 
any thing about it. save myself and Mr.' do not. 
 
Bonnard. until after the election. 
 
Q. What is the highest amount that you 
 
Q. Was it not after the election that it know of any one else having received for 
 
was made up and handed to him? A. It j his services? A. I do not know, sir. There 
 
was; I had promised him to -let him have was a great deal of money spent; I do not 
 
the money, provided he would stay until know of another person receiving a dollar 
 
after the election; and if there had not except the few dollars that I put up myself. 
 
been a dollar contributed I should have Q. You state you would not believe Mr. 
 
furnished all of the 100 myself. 
 
Bennett on his oath. Why do you make 
 
Q. You spoke of 200 being applied for that statement? A. From the simple fact 
 
by him. A. Yes, sir. he applied for $200.1 that I am satisfied he has sworn to a lie in 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
149 
 
one instance particularly, or lied with me' other very much, and ascertaining that, 
 
previous to his taking an, oath to the finally I gave him up. 
 
fact. 
 
Q. How long prior to Ashburn's death 
 
Q. Had you been put upon the witness had you finally discharged him from the 
 
stand and asked the same questions prior police? A. I can not tell, but I think it 
 
to the death of Ashbarn, would you have must have been a year. 
 
sworn that you would not believe him Q. How long have you known the wit 
 
on oath. A. I can not tell that, because I ness, Stevens, about whom you testify? 
 
would not recognize him as JBennett if I A. I have heard of the family there for 
 
had met him previous to that time. 
 
several years, although I may have met 
 
Q. Then all you have stated of your him frequently; during the last two years 
 
knowledge of his general character relates that I knew him he was Wade Stevens. 
 
to a knowledge acquired since the death of Q. If you had been asked on your oath, 
 
Ashburn, does it not? A. It does. 
 
in Court, prior to the death of Ashburn, 
 
Q. When your refer to a falsehood that would you have answered that you would 
 
he has sworn to, or false statement he has not believe him on oath? A. I would.' 
 
made to you, do you not refer to a statement Q. Why would you have made that 
 
on oath taken in reference to the death of; answer? A. From his associations and the 
 
Ashburn? A. I do. 
 
manner in which he and the family lived. 
 
Q. How long have you known George Q. I desire to separate the young man 
 
Betz, the witness you have testified about? from his family and ask you whether, from 
 
A. I have know him from childhood, I any knowledge of his own conduct, you 
 
might say. 
 
I make this statement? A. Yes, sir. 
 
Q. Had you been examined under oath Q. What conduct? A. His association 
 
as to his general character, prior to the with negroes and his habits generally, and 
 
death of Ashburn, would you have sworn ! even his white associates. 
 
that you would not believe him on oath? Q. Do you know anything outside of 
 
A. I would. 
 
those associations that showed that his 
 
Q. Had you known him intimately? word could not be relied upon? A. Noth 
 
A. I have for the last two or three years. ing in particular. 
 
Q. About the time he was arrested and 1 Q. Then your testimony relates to the 
 
imprisoned for the murder of Ashburn was low standing of his family and the fact 
 
he not generally spoken of by the citizens j that he associates with low people, does it 
 
of Columbus as a man of good character? not? A. Yes, sir. 
 
A. He was not. 
 
Q. It does not relate, then, to your 
 
Q. Did not the newspapers of Columbus knowledge of his previous falsehood? A. 
 
speak very highly of him about that time, No, sir. 
 
and of his family connections there? A. Q. You spoke of the action of the 
 
I do not recollect ever seeing his name in Council the day after Ashburn's murder 
 
print until after his arrest, though it might and the reward they bid for the murderers; 
 
have been. 
 
what other acts were done to ferret out the 
 
Q. Why do you say you would have guilty parties by the city authorities? A. 
 
sworn, prior to the death of Ashburn, that j Nothing further than the instructions given 
 
you would not believe Betz on his oath? \ to the officers to be diligent diligent iu 
 
A. More particularly from the fact in i using every exertion to ascertain who the 
 
consequence or my friendship for his perpetrators of the act were; all that was 
 
father: I tried to make something of the done was what was usual in such cases. . 
 
boy, and placed him upon my police; I Q. Did the officers of the city report 
 
found him to be very unreliable; he would any discoveries made? A. They did not. 
 
frequently lie to me when he was reported Q. Were any arrests made by the civil 
 
for dereliction of duty; I kept him some authorities? A. There were none. 
 
time, trying to make something of him; Q. Was not Mr. Bedell arrested the 
 
finally I had to discharge him: I reap- day after Ashburn's murder? A. If he 
 
pointed him once afterward; I found it was I was not aware of it. 
 
was impossible to do anything with him: Q. When were the first arrests made 
 
there was no confidence to be placed in in the city after the death of Ashburn? 
 
him; none of the police liked to walk with A. I can not tell exactly the date: at the 
 
him, because they disliked to report each time the most of those young men were 
 
 150 
 
MILITARY OUTRAGE IN GEORGIA. 
 
arrested and confined in the Court-house:' were any corrections that he desired to 
 
that was the first arrest. 
 
I make. He said: 
 
Q. When were they arrested and con- i " I do in my testimony of yesterday, in 
 
fined in the Court-house? A. I can not ; reference to the number of my police. I 
 
give the date: I do not know whether it ; stated it was 12; it was 14. There were 
 
was previous to the election or after. 
 
112 on duty at night, but there were two 
 
Q. As it is a mere matter of opinion, j others that I kept for duty in the day time, 
 
give us your best judgment on that sub- i I want to make that correction to have it 
 
jeet? A. There is one circumstance that j 14 iiitsead of 12. 
 
satisfies me it was previous to the election "I also want to make a correction where 
 
the fact that Marshall was still the orderly 11 speak of their being raised. I stated 
 
sergeant of the company, which he was j that I raised them to sixty; upon reflection 
 
not after the election. It must have been ! I find it was only thirty. I was iu the 
 
previous to them. That is the only cir- j habit when I raised my police to double 
 
eamsbraee that I can now bring to iny j the force. A short time previous to that 
 
mind. 
 
I had been using thirty men, but I had 
 
Q. Do you feel very confident that no reduced them down to 14. That is why 
 
arrests were made the nest day after the ' I answered so promptly that I had raised 
 
death on account of the murder? A. None the force from 30 to 60." 
 
that I can now recollect. _/ 
 
[ 
 
Question ly the Court. 
 
Q. Irom your best opinion would you say that any were made within ten daysj Q- As Mayor of Columbus did you 
 
after the murder? J..-From the fact of! receive any information as to who might 
 
their beins arrested previous to the elee-' nave DeeQ implicated in the murder of 
 
tion. I should say those youn? were ar-! Ashbarn? A. JSTot that I recollect of. 
 
rented tea or twelve days after the murder i 
 
Q h ft M & ^ 
 
of Ashburn. That is. I would think so. j 
 
a 
 
r 
 
Q. Was it not just three weeks from THOMAS C. MILLER, witness for defense, 
 
the death of Ashburn to the election? A. ' was duly sworn and testified as follows: 
 
Yes. sir. 
 
j Q- State your name in full and where 
 
Q. Will you name the persons who were ' you live? A. Thomas C. Miller. I live 
 
arrested and confined in the court-house? '. at Lagrange. A. I will name some of them; I do not' Q- What is your occupation? A. A 
 
know that I can name all of them. There \ farmer. I am also in the warehouse busi- 
 
wus Mr. Roper. Dr. Kirksey, Mr. Barber.! ness. Mr. Bedell, Mr. Chipley, Mr. Wade Stevens!; Q- Please state to the Court whether 
 
William Bedell. Bob Enm's, Thomas W.j these are the books kept in your warehouse. 
 
Grimes. John Stabler, and John Wells. ' (handing witness two account books.) A. 
 
Q. Under what authority were these ! (Holding up one of the books.) This is 
 
arrests made? A. I understood it was by, the receipt book. It will be well enough 
 
military authority. 
 
j for me to state that Mr. Frost is a partner 
 
Q. Then there were no arrests made by I of mine in the warehouse business. (Hold- 
 
the civil authorities? A. None, sir, that! ing up the other book.) This is the cash 
 
I heard of. 
 
book. The receipt book is the one I keep 
 
Q. How long were they confined before at the warehouse. My son usually attends 
 
they were discharged, when arrested %nd i to the weighing of the cotton, but it hap- 
 
confined in the court-house? A. I do not! pens that this cotton was weighed by my- 
 
reeollec-t. 
 
self. The entry is in my handwriting. 
 
Q. As it is a matter of opinion, just Q. Do yon know Mr. Stith Parham, of 
 
give us the best of your recollection as to ! Merriwether county, Georgia. A. Very 
 
whether it was a day or two, or a week? [ well, sir. 
 
A. Several days. I do not know that they j Q. Did he sell any cotton or deliver 
 
were there a week. 
 
j any cotton to your firm any time this 
 
Q. Were they disehai'ged? A. Yes. sir. spring? A. He delivered cotton there. 
 
The examination of the witness having j The cotton was brought by a young man 
 
been concluded, and his testimony given by the name of Burke, who was sent out 
 
yesterday and to-day having been read over in that neighborhood by Mr. Frost to pur- 
 
to him. the Judge Advocate inquired if there' chase cotton. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
151 
 
Q. Did lie deliver any there the 2d day A. I had no interest in the cotton at all, 
 
of April of this year? A. Yes, sir, he only where this cotton was purchased by 
 
was therewith the cotton. I think the this young man. He asked me to look 
 
cotton was hauled there by a maa by the after that cotton particularly, because he 
 
name of Williams, who was hired to bring was not a cotton buyer, and did not know 
 
the cotton up there. He came up with much of this cotton. 
 
the wagon. 
 
Q. Do you know this to be the cash 
 
Q. Do you know that man, Mr. Wil book of Frost? A. It is, to the best of 
 
liams, who hauled it there? A. I know my knowledge and belief. I received it 
 
' him when I see him; I frequently see from the young man, and he told me it 
 
him. 
 
was. 
 
Q. Do you know Judge Fleteher, of j Q. Did you ever see him make entries 
 
Merriwether county. A. Very well. 
 
in it? A. Yes, sir. 
 
Q. Is Mr. Williams any kin to him? A. \ Q. This is the book you saw him make 
 
I think perhaps he's a son-in-law of his; entries in? A. Yes, sir. 
 
I have heard so, but I do not know. 
 
Q. Do you know in whose handwriting 
 
Q. Will you show the Judge Advocate these entries are? A. In Mr. Blue Frost's ; 
 
the entry of the cotton delivered there the he was the cash clerk. 
 
2d of April, which is in your handwriting? The Judge Advocate stated that he 
 
A. I will, sir. [The witness handed the would admit that if Mr. Blue Frost were 
 
receipt book containing such entry to the present he would testify that he kept the 
 
Judge Advocate, who exhibited it to the cash book presented to the court, and that 
 
Commission, by the different members of he made the entry in the same of the date 
 
which it was inspected.] It was as fol of April 2d, 1868, in the following words 
 
lows. 
 
and figures, to-wit: "18C8, April 2, S. A. 
 
2?o. 1,390 Received of Joseph Burke Parham. 11 B. C., 863.05," arid that he 
 
(11) eleven bales cotton. 
 
would testify that the entry was correct. 
 
"April 2d, 1868." 
 
Question ly Mr. Stephens. 
 
NAEKS. 
 
SOS. WEIGHTS. PEIOE. 
 
Q. I understand you to say, Mr. Miller, 
 
W 
Mending. Insurance. 
 
1 
 
445 
 
2 
 
458 
 
3 
 
398 
 
4 
 
381 
 
5e 
 
431 353 
 
s7 
 
437 440 
 
9 
 
404 
 
10 
 
436 
 
11 
 
436 
 
that the cotton entered ia your receipt book and that mentioned in the cash book is the same lot? A. Yes, sir, to the best of my knowledge that is the same lot of cotton. 
Cross-examined l>y Mr, Brown. 
Q. You say to the best of your knowl 
 
Q. I understand you to state that this edge it is the same cotton; have you any 
 
entry is in your handwriting? A. Yes, knowledge on the subject? A. I have no 
 
sir. 
 
knowledge only from my entries and what 
 
Q. You state to the.court distinctly and I remember about the transaction. 
 
positively that that entry is correct as to The testimony of the witness was read 
 
dates and all that pertains to it? A. Yes, over to him and he was asked if he had 
 
sir. 
 
any corrections to make; he replied 'that 
 
Q. What book is this? (holding up he had none. 
 
second book referred to previously by the The Commission therefore adjourned 
 
witness.) A. That is the cash book of till to-morrow (Friday) morning at 10 
 
Mr. Frost, that he keeps in paying off cot o'clock. 
 
ton the amount he pays for each lot. 
 
Q. In whose handwriting is the entry in this book cash book? A. la Mr. Blue 
 
- BABEACKS, ATLANTA, GA., 1 10 A. M. July 17th, 1868. / 
 
Frost's handwriting. 
 
The Commission met pursuant to ad 
 
Q. Is he of your firm? A. No, sir, I journment. 
 
was not connected with him ia the pur Present, the same members as yesterday, 
 
chase of cotton; we were only connected the Judge Advocate, and John D. Pope, 
 
together as warehousemen. 
 
one of his assistants, the prisoners, and 
 
Q. You had no interest in this book? their counsel. 
 
 152 
 
MILITARY OUTRAGE IN GEORGIA 
 
The record of yesterday's proceedings ' A. Yes. sir; that is, not all of it; part of 
 
was read and approved. 
 
it was. 
 
The Judge Advocate submitted the fol lowing statement, requesting of the Com 
 
Questions by Mr StepJiens. 
 
mission that it might appear on record, Q. "Was there any writing taken down 
 
which request was granted : 
 
at all of the examination? A. Mr. Bos- 
 
"The records of the Commission show toek, Justice of the Peace, was present, 
 
that on the 9th instant the counsel for the and he took down most of the testimony 
 
prisoners asked that a subpoena be issued after I was there; he had some of the 
 
for H. C. "Whitley. and that he be ordered testimony written down before I got there, 
 
by the Court not to leave Atlanta without but I didn't read that; I don't know 
 
the permission of the Court, and that the whether that was an official record or not; 
 
Commission decided to leave the matter in I only know that he took down some of 
 
the hands of the Judge Advocate. The the testimony. 
 
Judge Advocate states that he subpoenaed Q. What position did Mr. Bostock 
 
Mr. ^Whitley. as requested, and that the i occupy then? Did he hold any official 
 
witness has since left Atlanta, with the position? A. He was a Justice of the 
 
consent of the counsel for the prisoners, Peace. 
 
upon showing that his services were needed Q. By whom was the investigation had? 
 
elsewhere." 
 
"Was it by the Coroner or by Mr. Bostoek? 
 
This statement has been submitted to A. It was by the Coroner; it was a Coro 
 
the counsel of the prisoners and was not ner's inquest. 
 
objected to. 
 
| Q. Mr. Bostoek, then, simply attended 
 
it as Justice of the Peace? A. I don't 
 
Questions l>y Mr. Stephens, conducting the think he attended it as Justice of the 
 
examination for defense. 
 
Peace; a Justice of the Peace has nothing 
 
to do with a Coroner's inquest when there 
 
JOHN PEABODT was introduced as a is a Coroner. 
 
witness by defense, duly sworn, and testified Q. "Was or not Mr. Bostock the milita 
 
as follows: 
 
ry appointment as Justice of the Peace? 
 
Q. Mr. Peabody. please give your name A. That was the common report. I never 
 
to the Court in full. A. John Peabody. saw his commission. He must have been, 
 
Q. Your residence? A. Columbus, Ga. for he has been appointed within the last 
 
Q. Did you hold any official position in two years. 
 
Columbus in March last? A. Yes. sir; I Q. Is it within your knowledge whether 
 
was Solicitor General of the circuit. 
 
there was any official record made and 
 
Q. By that you mean you was prose kept, or not? A. I know the coroner did 
 
cuting officer under the penal laws of not himself make a record, and there was 
 
Georgia? A. I do. 
 
none returned to the Clerk's office of the 
 
Q. Did you attend, or not the inquest Superior Court, because I inquired there 
 
over the body of Mr. Ashburn? A. I and found none had been returned. The 
 
did. 
 
proceedings at an inquest are to be returned 
 
Q. Did you. or not, conduct the ex to the Superior Court, and turned over to 
 
amination there in your official capacity, the Solicitor General. This is why I 
 
and if so. how did you happen to be there? inquired if it had never been returned. 
 
A. I was sent for by the Coroner and got Q. Do you, or not, know whether it 
 
there after some witnesses had been ex was returned to Capt. Mills, who was the 
 
amined: I had those that had been examined military commander there at that time? A. 
 
re-examined, conducting the examination I only know what the coroner told me 
 
from that time. 
 
about it. 
 
Q. Do you recollect of any witness Q. You can state what he told you? A. 
 
stating the position of the person that had He told me he had returned it to Capt. 
 
the English coat, or any description of one Mills. 
 
of that sort? 
 
Q. Are you acquainted with Mr. Ben- 
 
Question Ittj the. Judge. Advocate. 
 
nett who has been a witness in this case? A. I know him by sight and reputation 
 
Q. I want to know of the witness first; have no personal acquaintance with. him. 
 
if the examination was reduced to writing? Q. Did you see him there that day at 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
153 
 
the examination by the coroner's inquest? j quest; we examined every person in or 
 
A. I did. 
 
I about the house where Ashburn was killed; 
 
Q. Are you acquainted with his general I we examined every person who pretended 
 
character? A. I am. 
 
to know, or who we had heard knew any 
 
Q. From your knowledge of his general thing about it, and after this investigation 
 
character, would you believe him on his the jury returned their verdict, and nothing 
 
oath? A. I would not. 
 
more was done, nor is anything more done 
 
Q. Are you acquainted with the generalj in any ease under such circumstances, un- 
 
character of Stevens, a witness in this case less afterwards other testimony is devel 
 
Wade Stevens? A. I am. 
 
oped; that is the uniform practice, so far 
 
Q. From your knowledge of his general as I know, in the circuit in which I live. 
 
character, would you believe him on his Q. Is it the uniform practice in your 
 
oath? A. I would not. 
 
locality, in cases of great crime, for the 
 
Cross-examined Ijy Judge Advocate. 
 
officers of justice to cease all efforts to as certain who committed the crime upon the 
 
Q. Are . you acquainted with Capt. return of the Coroner's inquest that they 
 
Mills, Commander of the Post at (Jo- are ignorant of the persons who committed, 
 
lumbus, Ga.? .4. I am, sir. 
 
the offense? A. I don't know any differ 
 
Q. Did you ever have any conversation ence in practice, whether the crime is 
 
with him as to the failure of the civil great or small. That is the uniform 
 
authorities to prosecute an investigation as practice, within my knowledge, so far as 
 
to the murder of Ashburn? A. I had a the officers of justice are concerned. If 
 
conversation with him as to the failure of any extraordinary efforts are made they are 
 
the city council only. 
 
always made by persons who are interested 
 
Q. Where did that conversation take as friends to the deceased, or by persons 
 
place? A. In his office. 
 
against whom the crime was committed: 
 
Q. Did you not in that conversation say under the laws of this State it is made the 
 
that the city council made a mistake in duty of no officer to investigate a crime; it 
 
not investigating Ashburn's murder, and is left with the Coroner's inquest in the 
 
that you supposed the reason they had not first place, and with the grand jury in the 
 
done so was because they didn't know second; no officer is charged with the in 
 
where it would strike or words to that vestigation of a crime in this State. 
 
effect? A. I made some such statement Q. Recurring to your conversation with 
 
as that to Capt. Mills, but not exactly as Capt. Mills; did you not in that conversa 
 
you have asked the question. 
 
tion state that the city authorities, or the 
 
Q. Can you state in your own way what. civil, one of them, were not disposed to 
 
you said to him on that subject? A. Capt. I prosecute an investigation as to the murder 
 
Mills asked me if the city council had done of Ashburn, because they did not know 
 
anything more than offer the reward for where it would strike, or words to that 
 
the apprehension of the murderers of effect? A. No, sir, I did not make that 
 
Ashburn if I knew they had done any remark in reference to any authority at all. 
 
thing more. I told him I didn't think but in reference to the community as indi- 
 
that they had; he asked me then why Iividuals. I have just stated what I said to 
 
thought they had not. I told him I did : him in reference to the City Council that 
 
not think that they, as individuals, cared to i as individuals they did not seem disposed 
 
know who were the murderers of Ashburn.! to investigate it. I stated also that in my 
 
I think I also told him it was not the part! opinion that was the feeling of the eom- 
 
of the city council I am very sure I did munity; but I did not say that that was the 
 
to make such an investigation; it is not reason that actuated any civil officer in the 
 
usual, nor is it their duty. That is about! discharge of his duty, nor did I think it 
 
the substance of what I said on that subject. was. I don't know that that was the reason 
 
Q. Did the civil authorities of that local that actuated the members of the City 
 
ity whose duty it was to make proper efforts Council; I told Capt. Mills I supposed so. 
 
to discover the murderers of Ashburn ! Q. I understand then from your state- 
 
make any efforts at all in that direction? j ments that, among other things, you stated 
 
A. They did. 
 
to Capt. Mills that in your opinion the 
 
Q. Who were they who did, and what j community at Columbus were not disposed 
 
did they do? A. The Coroner held an in-1 to press an investigation as to who com- 
 
16 
 
 154 
 
MILITARY OUTRAGE IN GEORGIA. 
 
mitred the murder of Ashburn: am I eor-: invariable custom to hare nothing to do reel? A. I didn't say '-press an investiga- j with the getting up of any prosecution 
tion:"' I simply meant they did not care to' against any citizen I leave that to the find out -who it was that did it as indi- j citizens themselves. I am not a public 
viduals they didn't desire to know. I; informer, nor do I expect to be. The reastated that as to myself I did not desire to' son I didn't bring it before the grand jury 
know as an individual. In that same eon-1 is that I was at the Coroner's inquest, and neetion. too. I made this remark to Capt. it was a very full investigation. Then Mills oa that very same subject; I likened ! there was nothing therefore for the grand 
the community to himself. '"Suppose." j jury after that inquest to examine. I asked him. "you had reason to believe j I never knew of any other testimony, 
that some of your soldiers had committed j never heard of any DO information has a great crime, for which they would de- j ever been given me from that day to 
serve great punishment, while you as an this of any evidence against any one, nov officer would desire to punish the offender, has any one ever applied to me to prose you would not as an individual, outside of cute any one for the murder of Ashburn. your official duty, desire to know who com- I stated to Capt. Mills in that same eonmitred that crime:" simply this, that is! neetion that I was ready to prosecute in 
the idea I conveyed, and he agreed' this ease; and that I had refused to have with me exactly he didn't differ with me' anything to do with this ease or the dein opinion, but coincided with me, that j fense of it. or give any advice or assistance, that was the natural feeling lie would ! because I might be called upon, in iny have in reference to his soldiers, and was official capacity, to prosecute it. and I did not surprised to find that that was the not want to entangle myself with it feeling of the community in reference to | Q. I understand you then that the its citizens. I did not state to him that Coroner's inquest not having developed the community desired to shield the mur who were the murderers of Ashburn, any derers of Ashburn. but on the contrary I further investigation that might take place told him particularly they did not. He would have to be a voluntary act on the so understood me. But simply as indi part of some of the citizens or somebody viduals they did not desire to make extraor else, for that purpose that there was no dinary efforts to know who it was that did it. person officially bound to make an inves 
Q. Then I understand from your state- tigation in regard to the murder? A. No, 
n-.ents the feeling of the community to be j sir. Well, I may say you are right, unless about this they did not desire to shield j the grand jury, who are generally charged the murderers of Ashburn. but were very j to investigate any crime they are gene- 
anxious not to know who the murderers rally charged with it should do so. were? A. I didn't say they were very Q. From your knowledge of the feeling anxious not to know. I said I did not be of that community in regard to the murder lieve they wanted to know that is, that they of Ashburn, how long do you suppose it 
wouldnotmake any efforts to know who they would have been before there would have 
were. That's the idea I wanted to convey. been any voluntary act done towards bring Q- Was it not your duty as solicitor ing the murderers to trial and punishment? 
general of your judicial circuit that con A. I can not say, sir. I heard of some effort stitutes you the prosecuting attorney of all being made by his son to ascertain who the offenders of the criminal law, yourself to murderers of his father were. I heard of 
cause some investigation to be made into a good deal of effort made by others, who this murder? A. The law makes it my duty are citizens of Columbus, to ascertain it. to prosecute on all indictments found by a If you mean, however, by the community, 
grand jury. It makes it my duty also to simply those who dislike Ashburn. examine the returns on inquests, and if any j Q. I meant the community at large. I one has been charged by that inquest with didn't mean individuals. A. There were the commission of a crime, it is my duty some individuals who have made effort to 
to present them to the grand jury for their ascertain who the murderers of Ashbnrn action: but it is not my duty to hunt up were, and a more diligent effort, and a anv crime to be an informer to hunt up greater effort I have never known, to cases for the grand jury. I am simply to ascertain the perpetrators of a crime in that prosecute after they indict, and it is my county, or any other county in this State; 
 
 IIILITART OUTRAGE IN GEORGIA. 
 
155 
 
but it was confined to persons who, I was them and he had been killed in that way; 
 
satisfied, were actuated by a hope of the and that was my supposition, as I supposed 
 
reward for the discovery of the murderers the general feeling of the community was. 
 
of Ashburn. 
 
Q. Had you any knowledge of or ac 
 
Q. Was there any effort on the part of quaintance with Bennett prior to his exam 
 
any of the citizens, outside of Ashburn's ination before the coroner's inquest? A. I 
 
family and immediate personal friends, to had only heard of him heard very little 
 
discover the perpetrators of his murder, about him never saw him previous to 
 
until after a reward had been offered for that time? 
 
the discovery of those perpetrators? A. Q. Then you had no knowledge of 
 
Well, perhaps, I was mistaken iu saying him, of his general character, before he 
 
that the effort was confined entirely to those testified at the inquest, had you? A. Very 
 
who were actuated bv this desire to obtain little, sir; what I had heard of Mm would 
 
the reward. There was an effort made the not have been sufficient to form an opinion 
 
very morning Ashburn was killed, to dis as to whether he was a credible witness 
 
cover who they were by some of his immedi or not. 
 
ate friends, the very morning; and the city Q. Have you now any such kuowledge 
 
council offered a reward that same day for of his general character as to enable you 
 
the discovery of the murderers of Asliburn. to say whether or not he is worthy of credit 
 
So there could not have been much effort under oath? Did you not form the opinion 
 
before that reward was offered. There was you have expressed here this morning, 
 
some made that morning, I know. 
 
from a particular circumstance that is, 
 
Q. Did you not, ic the conversation above that he testified before the Coroner's in 
 
referred to, which you had with Capt. quest differently from what you have learnt 
 
Mills, state to him that the reason why no he testified here? A. I think I have now- 
 
greater effort had been made by the com sufficient knowledge of his character to 
 
munity to ascertain who were the murder testify as to whether I would believe him 
 
ers of Ashburn, was that they did not know now under oath or not, and that knowledge 
 
where the investigation might strike, or was derived from anything growing out of 
 
words to that effect? A. I did tell Capt. his examination here at all, but from the facts 
 
Mills that the community did not know, or developed on the trial of Bennett himself, 
 
they could not tell, who were the perpetra before the Superior Court in May. 
 
tors of that affair, and because of the fact Q. You had personal knowledge, I sup 
 
they were the less anxious to discover who pose, of those facts? A. I heard the witness 
 
they were. The idea that you want me to testify as to the facts, and others informed 
 
answer is this, whether I did not tell him me of other facts which were not proved 
 
that the community did not know who did as to his character. 
 
it, and knew riot whom it would fall upon. Q. Have you heard him generally spoken 
 
Yes, sir, I did tell him that. I told him i of among his acquaintances in that eonirnu- 
 
in that connection that the community : nitv? A. I have. 
 
were perfectly astonished at hearing of the I Q. Since the murder of Asliburn only? 
 
death of Ashburn they were not prepared | A. Only at that trial, and about that time. 
 
for it they had not suspieioned it they ! Q. That was since? A. Yes, sir, that 
 
never dreamed of such a thing, and from was in May. 
 
the number who evidently were engaged in Q. Have you not heard his general 
 
it, they were at a loss to know who had character more spoken of since it became 
 
done it, where it would fall. That's one ! known at Columbus that he was to be a 
 
reason why they did not do it they did witness against the prisoners on trial? A. 
 
not desire, as individuals I mean, to investi No, sir, I have heard very little spoken of" 
 
gate it. The reason why they did not him since he was a witness on this trial. 
 
desire to do it was because they could not ] Q. I didn't say since he was a witness, but 
 
comprehend they could not believe that {since it became known that he would become 
 
any such number of persons in the city j a witness? A. Well, since then I have heard 
 
would have deliberately committed an assas | very little about Bennett since the trial iu 
 
sination, and from the circumstances the j May; I have not heard his friends speak of 
 
only solution that they could give to it was him at all, since then; my judgment was 
 
that they had gone there for some other formed from what his friends spoke of him 
 
purpose, and that Ashburn' had fired at on that trial, aud the public generally; it 
 
 156 
 
MILITARY OUTRAGE IN GEOHGIA. 
 
vras the testimony of his friends that formed [ why I went to other persons to inquire 
 
my judgment. 
 
about him. 
 
Q. Then you formed your opinion mainly Q. The information that you received 
 
from the developments on that trial. I un-' from his mother and Mr. Wells would of 
 
derstand? A. I did. sir. 
 
] course have been more or less affected by 
 
Q. How long have you known Wade; their bitterness growing out of that con- 
 
Stephens? A. I first heard of Wade! troversy, would it not? A. That was the 
 
Stephens about a year ago; some time dur- i natural consequence, and this is why I did 
 
ing last summer. 
 
not feel disposed to rest on their testimony 
 
Q. Is he not quite an obscure man in alone; I was not satisfied with their state 
 
that community? A. Well, he was obscure ments. 
 
to me: I think he was. 
 
Q. Could you rest on their statement at 
 
Q. How then did you become acquaint all? Were they people of such character 
 
ed with his general character? A. He as to justify you to put any dependence 
 
came to me as solicitor general, to prose upon their statement at all? A. I wo.uld 
 
cute a freedrnan by the name of John have put no confidence in their statements 
 
Wells, and it was upon that trial that I' at all if it hadn't been that a mother spoke 
 
found out learnt what I know of his gen- | of her own son, and an aunt of her own 
 
eral character; I knew nothing about him [ nephew. If they had discredited a stranger, 
 
before. 
 
I would have thought very little of their, 
 
Q. Well. Mr. Solicitor, it seems to me testimony, but I did not think the natural 
 
you make up your opinions as to general feelings of a mother I thought she would 
 
character in the court-house? A. I fre- say as much for her son as anybody else 
 
quently do. sir. but not always. 
 
would. 
 
Q. Do you know anything in regard to Q. Was he a witness for or against the 
 
Stephens' general character for truth and ; side on which his mother's feelings were 
 
veracity? A. Yes. sir. the facts developed', enlisted? A. He was a witness against 
 
on that trial were such as to cause me to ! John Wells, and his mother's feelings were 
 
inquire at once of persons who knew him,! enlisted in favor of John Wells. 
 
as to who he was. and I then learnt who Q. Has not your experience as a lawyer 
 
he was. 
 
taught you that of all feuds, family feuds 
 
Q. How many persons did you ever are the most bitter and unrelenting? A. 
 
hear speak of him as regards his character j No, sir, it has not. They are sometimes as 
 
for truth and veracity, or his character in I bitter as others. I don't think I have 
 
any respect? A. Well. sir. I have heard i come to that general conclusion. 
 
quite a number. I heard his mother speak ; Q. Did you inquire among those with, 
 
of him. his aunt speak of him. John Wells I whom Stephens usually associates as to his 
 
speak of him. and then they spoke of him character for truth and veracity? A. I 
 
without my asking about him. I then didn't ask the persons that I inquired of 
 
went to others who I supposed would not j whether they associated with him or not, 
 
be inimical to him. and asked them who and therefore I don't know. I simply 
 
he was. I think I asked the sheriff who asked them if they knew his character. 
 
it is generally supposed knows everybody, i Q. Then you have not spoken except as 
 
and I asked others whom I don't know,! to his own family and Wells from infor- 
 
just to inform myself as to whether these I mation derived from his associates, but 
 
witnesses had been actuated by any feel from information which other persons, not 
 
ings of hostility to him, and I found out his associates, so for as you knew, gave? 
 
that others who were indifferent to him A. No, sir, I can not say that any assoei- 
 
had the same opinion. He was my witness j ate of Stephens ever said anything to me 
 
and I was endeavoring to sustain his char-! about him. I don't know that they were 
 
acter. and went to other persons and found his associates. They professed to know 
 
I could not do it. 
 
his character, however. 
 
Q. Was he not at that time engaged in a law suit with his mother, aunt, and this j 
 
Direct examination by Mr. Stephens. 
 
man Wells, or some of them? A. He was Q. Did his mother discredit him, Mr. 
 
prosecuting Wells, and he told me that Peabody? A. She did, sir. 
 
there was some contest between him and Q. In Court? A. Yes, sir, and in his 
 
his mother about the property. That is presence. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
157 
 
Q. Did his aunt discredit him in Court? the prosecution? A. I never saw her or 
 
A. She did. 
 
had any intercourse with her whatever. 
 
Q. In his presence also? A. Yes, sir. Q. Did he have any children? A. I 
 
Q. Could you find a man in Columbus have seen one son, and heard of another. 
 
who would have sworn, from your investi Q. Was one of his sons there that 
 
gations, that he would believe him on his morning at the inquest? A. I did not see 
 
oath? A. I never made so extensive an 1 him don't know that he was there. 
 
inquiry as that; as far as I went I could Q. Has that or the other son ever con 
 
not. 
 
sulted you as the prosecuting attorney, 
 
Q. You gave it up as a bad chase? giving you any information touching the 
 
A. And more than that, he didn't sug death of the father? A. No. sir. 
 
gest to me anybody by whom he could Q. Has anybody else? A. No, sir. 
 
prove it. 
 
Q. Did Capt, Mills tell you of any in 
 
Q. Did you ask him if he could point formation whatever that he had. secret or 
 
out anybody who could sustain him in his otherwise? A. He did not. He spoke of 
 
character? A. I don't recollect that I the testimony of one of the witnesses be 
 
asked him that question; I spoke to him fore the inquest, and Capt. Mills stated to 
 
about the testimony of his mother and me that he was satisfied that the person 
 
aunt that it would be impossible to find had sworn to a lie. 
 
a verdict on his testimony, and his was the Q. Who was that person? A. That 
 
only important testimony in the case; I witness was the only one who pretended to 
 
took it for granted that he would make identify any individual as being connected 
 
any suggestion, if that was not his char with this affair. He was a negro named 
 
acter, and it was at that time that I made Tom Johnson; and he identified two per 
 
inquiry of persons standing around in the sons on that inquest. Capt. Mills said 
 
Court-house as to who he was. 
 
that he had ascertained that one of them 
 
Q. Was his aunt in antagonism have had not been in the city for over three 
 
any interest at all in the case? A. Not in months before; and as to the other, he was 
 
that case; but the case I referred to in satisfied that Thomas Johnson did not 
 
answer to Gen. Dunn was a contest be recognize anybody, and could not that he 
 
tween him and his mother about property; I didn't see anybody. Thomas Johnson has 
 
I don't know whether she was interested j not been examined at this trial. 
 
in that or not. 
 
j Q. Did you or not inform Capt. Mills of 
 
Q. In the case you say she discredited ' your perfect readiness to prosecute in case 
 
him, did she have any interest? A. No. any testimony should be found, discovered, 
 
sir, none at all; at least she had no such or brought to your knowledge? A. I did, 
 
interest as the mother did. 
 
sir, and that I might be in a condition to 
 
Q. Did she have any interest? A. She prosecute, that I had refused to represent 
 
might have felt an interest in sustaining Mr. Bedell when he was first arrested, or 
 
the character of her sister, which was called anybody else. 
 
in question on the trial. 
 
Q. When was he first arrested, Mr. 
 
Q. Mr. Peabody, did you ever know a Peabody? A. It was shortly after break 
 
community to prosecute any body for any fast the morning after Ashburn was killed. 
 
offense whatever? A. No, sir, not to Q. Did you during that investigation do 
 
prosecute, but I have known them to take j everything as diligently as you ever did to 
 
great interest in prosecution. 
 
find out the truth of that matter? A. I 
 
Q. Did Mr. Ashburn have many strong did, sir. 
 
political friends in Columbus? A. I can not say of my own knowledge; there were 
 
JRe-cross-examiiiedliy Gen. Dunn. 
 
several persons who were of the same Q. Did you prosecute Bennett on the 
 
politics as Mr. Ashburn, and he was gen trial you referred to? A. I did, sir. 
 
erally regarded as a man of influence in Q. After he was sentenced did you go to 
 
his party; but I don't think that he had JudgeWorrall to have his sentence remitted? 
 
many strong friends, even amongst them. A. No, sir. I spoke to him upon the bench, 
 
Q. Did he have a wife? A. That is in my place as Solicitor General in public. 
 
the common report. 
 
Q. What did you say to him on this 
 
Q. Did she ever say anything to you, or subject? A. It was the last day of the 
 
give any information, or take any part in court, and the counsel of Bencett, Mr. 
 
 158 
 
MILITARY OUTRAGE IN GEOKGIA. 
 
Thornton. had made an application to the [ tion that Ashburn had strong political 
 
court to remit a portion of the penalty; the ; friends; had he not violent political ene 
 
penalty was thirty days imprisonment and ' mies fifty dollars fine. He gave as a reason for it. from the character of the testimony,; 
 
also at Columbus? Questions by Mr. 
 
A. He had. StepJiens. 
 
that there was no doubt in his mind that it' Q. Was the prosecutor, in that case you 
 
was a prosecution got up against Bennett' speak of, of the same party with Mr. Ben 
 
by his enemies, who had fallen out with': nett? A. Yes, sir, and the principal wit 
 
him. and asked the court to remit a por-; ness; Mr. Ashburn's son was the principal 
 
tion of the penalty. I stated to the court,' witness for the prosecution. 
 
that I had been informed that some of the [ Q. Was Mr. Bostoek a witness also 
 
attorneys had doubted whether, in view of against Mr. Bennett? A. Yes, sir. he took 
 
the fact that the State's witnesses had been j a great interest in the prosecution. 
 
discredited, or an attempt made to dis-! Q. Do you know the circumstances un 
 
credit them, whether he ought to have! der which Mr. Chipley paid the fine you 
 
been convicted: and in view of that fact, | have alluded to? A. I only know that the 
 
and because it might be said that the jury . sheriff, after the court adjourned, told me 
 
and the court were actuated by political! that Mr. Chipley would pay the fine, and 
 
hostility to Bennett. that I desired that j he did so. 
 
the court should remit that portion of the i Q. Did the sheriff tell you of any con 
 
penalty, although I was satisfied that the j sideration, or of any arrangement by which 
 
conviction was correct Yet there was an | Mr. Chipley had entered into Bennett's 
 
effort made, and witnesses introduced to bail? A. He did not tell me anything 
 
discredit every witness for the State every ! about it; I had had a conversation with 
 
important witness. 
 
j Mr. Chipley beforehand. 
 
Q. Did you argue the case before the [ Q. Did Mr. Chipley tell you beforehand 
 
jury? A. I did. sir. 
 
that he was going to pay the fine? A. He 
 
Q. Did you not, in that argument tell j told me after he was convicted, that in case 
 
the jury that Bennett was the first Radical: Bennett would furnish him certain informa 
 
they had got hold of. and to punish him i tion that he would pay the fine. 
 
severely? A. JS"o. sir; I did not tell them i Q. What was the character of that in - 
 
that: I did not advise them to punish him ' formation, was it political information? A. 
 
at all. I might have said in course of the! It was partly political and partly individual; 
 
argument, that he was the first that had i he thought that Bennett knew how he 
 
been before them. I might have said it: 11 came to be arrested, and he told me that 
 
don't remember to have said it; if I said i Bennett had told him that, and had agreed 
 
it at all. it was in answer to the argument to furnish him political information; his 
 
of Mr. Thornton; it was not said by me' remark to me was, that if he does furn 
 
without being induced by the argument of; ish that information I will pay the money 
 
his own counsel. Mr. Thoraton's argu-j out of my own pocket, but he would 
 
ment to the jury was that it was a falling | notify me if that was the ease, and he never 
 
out of the Radicals themselves, and that did; I never heard of him afterwards- until 
 
it did not make much difference what be he paid the fine; it was several days after 
 
came of the ease; and that the witnesses for wards. 
 
the State and the prosecutor were as bad as Bennett; and by that course he wanted 
 
Questions by tfe Judge Advocate. 
 
to excite a sympathy for Bennett and get! Q. Did Chipley state whether or not 
 
him off. I endeavored to destroy that' Bennett would give him information as to 
 
sympathy, and think I did it. I argued to j what the negroes had said, or would testify- 
 
the jury that it was no reason that because ! about him? A. No, sir. 
 
he was a Radical, and the others Radical,! Q. Or any other person? A. No, sir; 
 
that they should acquit him because of the ; he simply said that Bennett Lad told him 
 
character of the witnesses for the proseeu-! how he came to be arrested. 
 
tion. 
 
I 
 
Q. Do you know who paid the fine I 
 
Questions by the Court. 
 
inflicted upon Bennett in that case? A. Q. How many people of Columbus, be 
 
Yes. sir. Mr. Chipley paid it. 
 
i sides his relations, have you asked if they 
 
Q. You. have said in your re-examina- { would believe him (Stephens), under oath? 
 
 MILITARY OUTRAGE IN GEOBGIA. 
 
159 
 
A. I can not say how many; I only recol Q. Have you it with you? A. I 
 
lect that at that trial I went amongst persons have. (Producing a small memorandum 
 
that I saw standing about, and made in book.) 
 
quiry of his character until I was satisfied Q. What is the character of that book? 
 
what it was, and stopped; I never thought A. It is a regular memorandum book. 
 
to ask since then; I have heard his charac Q. Will you turn to the entry of that 
 
ter spoken of frequently. 
 
prescription? A. I will. (Witness turns 
 
Q. In your inquiries did you find any to an entry of March 30th, of Lum Be 
 
who would helieve him? A. I did not; if dell's, and then handed the book to the 
 
I had, I would have introduced them on Judge Advocate, who handed it to the 
 
that trial. 
 
members of the Commission, by whom it 
 
Q. How soon after the murder of Ash- was inspected.) 
 
burn did the grand jury sit? A. The Q. Will you explain the meaning of 
 
second Monday in May was the session of these letters "0. R." after the entry? ~ A. 
 
the court; the grand jury sat at that time. Official prescription. 
 
Q. Did the grand jury take any notice Q. Is that the general medical expres 
 
of the murder? A. They did not. 
 
sion? It is explained in the back part of 
 
The testimony of the witness having the book. I got it up myself. 
 
been read over to him, the Judge Advocate Q. What is the "R" for? A. Recipe. 
 
inquired of him if he had any corrections Q. Office recipe? A. Yes, sir; in the 
 
to make. He replied that he had not. back part of the book you will see what 
 
Questions by Mr. StepJiens. 
 
all those marks mean. Q. When did you next see Mr. Bedell? 
 
THOMAS P. CHAPIN, a witness for the A. I saw him the next evening. 
 
defense, being duly sworn.testifies as follows: Q. Did you asain prescribe for him? A. 
 
Q. Please state to the Court your name I did. 
 
and where you reside? A. My name is Q. And these entries as to prescriptions 
 
Thomas P. Chapin. I reside at Columbus, in this book you state to be correct? A. 
 
and I am a physician. 
 
Yes, sir. 
 
Q. Are you not acquainted with Colum Q. The dates and all, just as they stand? 
 
bus Bedell, of Columbus? A. I am. 
 
A. Yes, sir. 
 
Q. Do you see him in the room? A. I do. No cross-examination. 
 
Q. Please state to the Court which is The testimony of the witness having 
 
him? A. (The witness points out the been read over to him; he was asked by 
 
prisoner.) 
 
the Judge Advocate if he desired to make 
 
Q. Did you see Mr. Bedell at any time any corrections. He replied that he did 
 
the evening before the death of Ashburn? not. 
 
A. I did. Q. What hour of the evening, and 
 
Questions ~by Mr. Stephens. 
 
where? A. It was about sundown, at the JOHN W. BROOKS, a witness for the 
 
steps that lead to my office door. 
 
defense, being duly sworn, testified as fol 
 
Q. State the circumstances under which lows: 
 
you saw him there? A. He came to me, Q. Please state to the Court your name 
 
and told me that he was sick and wanted in full, where you reside, and your busi 
 
me to do something for him. 
 
ness? A. John W. Brooks; reside in 
 
Q. What did you do did you make Columbus, Ga., and am a druggist. 
 
any examination, and if so, what? Just Q. Do you know Columbus Bedell? 
 
state what occurred between you and him A. I do. 
 
on the occasion. A. I examined hisj Q. Do you see him in court? A. I 
 
tongue and found it coated. He had con-1 do. That is the gentleman. (Pointing to 
 
siderable fever. I prescribed blue mass prisoner Bedell.) 
 
for him, and told him to take it at bed Q. Did you see him at any time, the 
 
time; to bathe his feet in warm water, and evening or night of the murder of Ashburn? 
 
the next morning to take a seidlitz powder. A. Yes, sir, about 10 o'clock. 
 
Q. Did you see anything more of him Q. Under what circumstances did you 
 
that night?" A. No, sir. 
 
see him? A. He was complaining of 
 
Q. Did you make any entry of that being sick, and was there for the purpose 
 
prescription? A. Yes, sir. 
 
of having a prescription prepared. 
 
 160 
 
BIIHTAKY OUTRAGE IN GEORGIA. 
 
Q. Did He go to your drugstore? Yes. sir. 
 
A. \ general appearance, face, and beard, with j Mr. Bedell? A. I can not say anything 
 
Q. spoke 
 
What did he of getting some 
 
ask for? blue mass. 
 
A. I 
 
He i sug- j 
 
about the condition of his face, I do think he is quite as tall as Mr. Bedell, 
 
not 
 
Hcrtetsletedcatloomheilmwtihthat ithewhhiachd hbeettceornspeuntteda!' Cross-examined7 -- Q^uestions l7y th^ e ' JTud^ge 
 
to. Of those two things I made the pre-! 
 
Advocate. 
 
scription. 
 
Q. him? tongue. 
Q. 
 
Did you make any examination of 
 
A. He asked me to look at his 
 
1 did so. What condition 
 
did 
 
you 
 
t,,ad,.it i.n.., 
 
i 
 
Q. Can you readily distinguish between Mr. Bedell and any of these persons whom you have named as in some respects resemvbleirDy2rheaimdi?ly A. I could in the day time, 
 
 A. Very foul. Q. When did you see him again? A. Almost immediately after his release the nest day. 
Q. What time was that? A. I am not certain as to the hour. I mean as to the time of his arrest. I would state 
I do nc 
 
Q. Could not you in the night, if he 
 
was ,,in?a 
 
room where there A. I could, sir. 
 
was 
 
a 
 
lighted 
 
Q. Could not any person that had beea 
 
in the habit of seeing him and these others 
 
in the street as readily distinguish one from 
 
the other as you probably could? A. 
 
leased the next day. I rsaeabocworaurh,tdj.imtht,oaatf,fhi.tbie-sur ta,hr.iorsenslr-yet l,et.sh1aa*seye 
 
am not certain nfI~reoxmat,mdt.,h,acay?et,'rtaaarnirnde, sitnIT..ii ,hoef 
 
under the same circumstances. , 
 
Q. Can you say now what is the height 
 
Mr. was 
 
Bab\e.doeultl?six Afp.eeLIt 
 
ps*rhoobu1al.d1b.1ljyJudasrelvitt^htialet 
 
I do not remember the day. Q. Are there any other persons in 
Columbus that you know of who would correspond in height and personal appear ance with Mr. Bedell? A. Yes, sir, I think they are. but I do not know as I could designate them just now. 
Q. Do you know William H. Brannon 
 
I 
 
Q. What would you judge as to his weight? A. About one hundred and fortyfive. 
Q. Was this a very unusual preseription that you made for the prisoner Bedell? A. Larger than I generally put up. 
Q. Do you remember the time of month and day, etc., on account of the size of the 
 
BTh,A.4ee.dQ/Q,,e,h,.-.lITal..ssAti'.HTih.Tonaoi*nnvw,likvb-UmedhTl,,aoo.oerunedjssgitseah,rcav.eThtbe..eorJcyuooitrnrt^mehtiseuthp,ceoshianmud,lp1ei-1pki.hTnee. eri-sghMiii.-r-hzpUert?oi...' ;'ii! A. Yes. s'ir. 
 
ag*as,rp-'l*ttrtnrareofenQ^sfnnsec-nttc,ereePisHdtp.9rirtaoinowf peAnrXs?e.dt.,sTot dcJ-?,braAyi-ryopo.",utm,-iaIornnet,ddi.m1hooetceh\ncm.efcuoa,brtc.fere->taer.scdt,i,-ttihr,,.th.t,eo.oascfe*tmmchijyiJyermepuwi-umnat*d^s-- 
 
Q. .4. I 
Q. 
 
Do you know a do not. 
Do you know one 
 
Major Bradley? 
 
J 
 
JI 
 
Jesse Bradford? i! 
 
, ^ T9^. it . a have put him to A. Oer.d,inarily it 
 
FfTM**TM ffVW U-^ bed if he had taken it? would have made him 
 
A. I know several Bradfords there, I am not certain as to the given name of the party. 
Q. Do you know Mr. MeAllister's soniann-dlQa6w.b?eaWrAdh.atcoYimsep.sha.irjsse^idra.Lppwieiiat.hranMHcTer_.inBThXee.dJi?egHlhlO?t A. I have no recollection as to the con 
 
i\ 
 
Q?." S_uppose he had not taken it, but carried it in his pocket, do you think it would have put him to bed? A. I reckon not, sir. 
 
& DcI ^ k whether he took 
 
? it: 
 
of oi r 
 
?om not? 
 
own k? lediT A. I can not 
 
positively. 
 
dition of hisfacC; whether he had any beard or not. I have not seen him for a very 
 
Questions l>y Mr.' StepJiens. 
 
locg time: he is about the same height, Q. Have you any reason to believe that 
 
however may not be as high. 
 
he took it? A. I have. 
 
Q. Do you know William Fogle? A. Q. State it? A. The fact that he called 
 
Yes. sir. 
 
the next morning qnite early for some seid- 
 
Q- How does he compare in height, leitz powders, which he was instructed to 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
161 
 
take, in case the medicine did not operate view with him at all, after letting him have 
 
copiously that night. 
 
the seidlitz powders in the morning. I am 
 
Question l>y the Judge Advocate. 
 
not certain whether I saw him after that at all; I mean after his release. 
 
Q. Did you make any entry in any book The testimony of the witness having been 
 
of this prescription? A. I did not. 
 
read over to him, he was asked if he had 
 
Question by the Court. 
 
any corrections to make. He said he had not. 
 
Q. Did you not state before' that you Thereupon the Court adjourned until 
 
did not see him after the 30th of March to-morrow (Saturday) morning at 10 
 
until he was released from arrest? A. I o'clock. 
 
would not he positive of that; I would not 
 
be positive that I had or had not seen him. 
 
McPHERSox BARRACKS, ATLANTA, GA. ^ 
 
Questions l>y the Judge Advocate. 
 
10 o'clock A. M. July 18, 1868. ; 
 
. Q. From the 30th of March until after The Commission met pursuant to ad 
 
he was released from arrest, is that what journment. 
 
you mean? A. I am not positive whether Present, the same members as yester 
 
I did see him before or after his arrest that day, the Judge Advocate and his assistants, 
 
night whether I saw him subsequent to the prisoners on trial and their counsel. 
 
that night; I am not certain about it. 
 
The record of the previous day was read 
 
Q. Then you. are not certain about his and approved. 
 
having taken seidlitz powders the next morning? A. I meant to make that cor 
 
Questions by Mr. Stephens. 
 
rection in my testimony; I saw him the ZACK T. KING, a witness for the defense, 
 
next morning when he came down, and got being duly sworn, testifies as follows: 
 
the seidlitz powders from me. The question put by the Court is again 
read to the witness, when he answered as follows: 
A. That is a correction that I desire to tnake, and was going to speak to Mr. Crawford about just now when General Benning motioned me not to speak; I did see him in the morning. 
 
Q, State your name in full and where you reside? A. Zack T. King, Columbus, Georgia. 
Q. Your age? A. Nineteen. 
Q. What is your business? A. I am a clerk in a bank. 
Q. Do you know Mr. Columbus Bedell, 
of Columbus? A. I do. Q. Do you see him here amongst these 
 
Questions liy the Judge Advocate. 
 
gentlemen? A. I do. 
 
Q. You now wish to make a correction, and say that you did not see him after he took the seidlitz powders? A. I saw him in the morning; "1 am not certain when I saw him after that. He was arrested after that, and I am not certain when I saw him after that time in the time of his arrest. 
 
Q. Can you point him out to the Court? A. I can. (The witness pointed to prissoner. Bedell.) 
Q. What is the business occupation of 
Mr. Bedell? A. He is a book-keeper for L. G. Bowers. 
Q. In what business is Mr. Bowers en gaged? A. I believe he is engaged in the 
 
Questions 
 
by 
 
Mr. Stephens, (by permission of tlie Court.') 
 
cotton business; also in the insurance busi 
ness. Q. How far is your office from his? A. 
 
Q. Are you very distinct of Mr. Be They are together. 
 
dell's calling for the seidlitz powders early Q. Same room? A. Same room. 
 
that morning? A. I am positive of it. 
 
Q. Do you know where Mr. Bedell was 
 
Q. When you answered then that you the night of Ashbura's assassination? A. 
 
had not seen him until after his arrest, did Until 10 o'clock at night I do. 
 
you mean that you had no interview with Q. Where was he? A. He was in the 
 
him at all from the time of his arrest until office. 
 
after his discharge. A. I do not think Q. What was he doing? A. I suppose 
 
I had any interview with him; that was my he was at work. 
 
meaning. I do not think I had any inter- Q. Were you at work? A. I was. 
 
17 
 
 162 
 
MILITARY OUTRAGE IN GEOBGIA. 
 
Q. Do you know anything of him after' Q. Are they or not opposite a hall of 
 
that? A" I do not. 
 
" 
 
j the house or passage? A. Yes, sir. 
 
Q. What occurred at the time of his! Q. What house is that? A. It is 
 
leaving the office? A. In what way do yon! known as the MeGea house. 
 
mean? 
 
Q. When he passed your door, was he 
 
Q. Did lie say anything to you or you going to his sleeping apartments? A. He 
 
to hire? A. He remarked that he was' was, sir. 
 
feeling unusually unwell that night, that he! Q. What time did you go to bed that 
 
intended retiring early. 
 
! night? A. I suppose it mast have beeu 
 
Q. You have said it was ahout 10 o'clock. I 12 o'clock before I got into bed. I looked 
 
What is your reason for stating so? A.' at the clock and found it was half-past 
 
When my brother opened the office he left,! eleven? I then prepared to retire. 
 
and was gone unusually long that night.! Q. Was your door or not open until 
 
When the bell struck 10 I counted it and ; you retired? A. It was, sir. 
 
also looked at the clock at the same time Q Could Mr. Bedell have left his voom 
 
at the same hour. 
 
j without your seeing him before you re 
 
Q. How long after that did Mr. Bedell tired? A. He could not. 
 
leave? A. Few minutes. 
 
Q. Did you hear his door open after 
 
Cross-examination. 
 
you had retired. A. I did notQ, Are these rooms that you and he oc 
 
The testimony of the witness having cupied on the first or second floor of the 
 
been read over to him. he was asked by the | building? A. Second floor. 
 
Judge Advocate if there were any correc Q. Do any other persons occupy rooms 
 
tions that he desired to make. He replied on the same floor? A. Yes. sir, several. 
 
that there were none. 
 
Q. State the names of the persons. 
 
Questions by Mr. SicpJiens. 
 
A. Mr. Ellis, Mr. Duck. Dr. Urquhart and Mr. Harris of the Internal Revenue office, 
 
HOMER H. STARS, a witness for the whose sleeping apartments were there be defense, being duly sworn, testifies as fol- fore he was married. 
 
Cross-examined ly Mr. Brown. 
 
Q. State your name in fall and where! Q. Upon what street is this house? 
 
you reside? A. Homer H. Starr. I reside ! A. Broad street. 
 
ia Columbus. Georgia. 
 
Q. Is it kept as a hotel? A. It is not, 
 
Q. Your age? A. I am in my twenty- sir. 
 
sixth year. 
 
Q. Is it a boarding- house? A. No, sir. 
 
Q. Your occupation? A. I am a shipper Q. Are there offices in it? A. Well, 
 
at a cotton house. 
 
some time ago the Doctor had an office in 
 
Q. Are you acquainted with Mr. Colum-' there; and the Alabama Internal Rev 
 
bus Bedell, of Columbus? A. I am, by! enue office is in that building also. Dr. 
 
sight, but have no personal acquaintance j Urquhart also had an office in the building. 
 
with him. except in business transactions. I Q. Whom do you mean by the Ala 
 
Q. Do you see him in Court? A. Yes, \ bama Internal Revenue officers? A. I 
 
sir. 
 
' mean the collectors that keep their office 
 
Q. Will you designate him to the Court?, in Columbus to collect the taxes on cotton 
 
(The witness points to the prisoner, Be and other taxes. 
 
dell). 
 
Q. Are they Alabama officers? A. 
 
Q. Did you see him any part of the They are. 
 
night on which Ashburn was assassinated? Q. Do they keep their office out of the 
 
A. I did. sir. 
 
State? A. They did so to accommodate 
 
Q. What time, and how did you come the cotton-shippers there. 
 
to see him? A. I was sitting in my room j Q. Who keeps this house? A. It is 
 
with the door open, and he passed there a not kept by any person. 
 
little after 10 o'clock. 
 
Q. What is under the sleeping apart 
 
Q. How far apart are your sleeping ment you speak of it is in the second 
 
apartments yours and his? A. About story as I understand you? A. Stores, sir; 
 
twelve feet I should judge. I would not they are vacant though. 
 
be positive. 
 
Q. To whom do the stores belong? A. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
163 
 
They belong to Mr. MeGea; he lias charge Q. Does he usually sit with you in the 
 
of the estate; I think, he has charge of room? A. He was my room-mate at the 
 
the renting of the rooms; I don't know time. 
 
who the building belongs to; he is inter Q. Where is he now? A. I can not 
 
ested in them. 
 
tell. I have not heard from him in six 
 
Q. What time did you go to your room weeks. 
 
that night? A. About 9 o'clock. 
 
Q. Where was .he when you last heard 
 
Q. Where had you been before you from him? A. He was iu Chambers 
 
weut to your room? A. I had been in county, Alabama. 
 
my office. 
 
Q. Had he gone to bed when you got 
 
Q. How far is your office from your| to the room? A. He had not. 
 
sleeping room? A. About one hundred Q. Was there no one else in the room 
 
yards. 
 
any portion of the night? A. In my room, 
 
Q. What were you doing in your office? did you mean? 
 
A. I was attending to my usual business Q. Yes, sir? A. No, sir, there was 
 
there. 
 
not. 
 
Q. What is your usual business in your Q. Who retired to bed first, you or 
 
office at night? A. To enter up the re Mr. Tomlinson? A. I do not'exactly re 
 
ceipts of the cotton that was bought dur member. I think I did. There were 
 
ing the day. 
 
very few minutes interval between the time 
 
Q. What persons were in your office of both of us getting into bed. 
 
that night? A. Henry H. Epping and Q. Did you sleep in the small bed? A. 
 
Richard B. Watson. 
 
We did. 
 
Q. What were they doing in your office? Q. What is your usual time of going to 
 
,4. I do not know that T can exactly tell bed? A. It had been up to about mid 
 
what Mr. Watson was doinsr. Mr. Epping dle of March about 12 o'clock. From 11 
 
was writing letters, as is his usual habit. to 2 was my usual hour during the winter 
 
I never watched Mr. Watson's movements months. 
 
to see what he was doing. 
 
Q. What were you and he doing from 
 
Q. Where are they now? A. One is nine o'clock until you retired to bed? A. 
 
in Columbus; the other is in Abington, Va. We were talking over some business mat 
 
Q. Which one is in Columbus? A. ters that we had between us. 
 
Mr. Epping. 
 
Q. Did you converse on nothing else? 
 
Q. What is his business in Columbus? A. No, sir. 
 
A. He is a banker and a cotton factor. 
 
Q. Did it take you three hours to talk 
 
Q. Are you sure there were no other over the business matter? A. if it had not 
 
persons present in your office that night? taken us that long we would not have been 
 
A. I will not be positive of it, sir? 
 
up. There was a general run of conversa 
 
Q. What time do you usually close your tion it was not confined solely to busi 
 
office and go to your sleeping room? A. ness. 
 
As soon as we get through attending to Q. Upon what other subjeets did you 
 
what business we have to attend to during converse? A. Personal topics of the day 
 
the night. We have no particular hour. different things. 
 
Q. Was there any body with you in Q. Do you recollect any topic you eon- 
 
your sleeping room that night? A. There versed about, other than your business 
 
was. 
 
matters? A. I do not, because I never 
 
Q. Who? A. A gentleman by the name impressed it on my mind. 
 
of J. M. Tomlinson. 
 
' 
 
Q. Was there anything unusual to im 
 
Q. What is his age? A. I do not press passing events upon your mind that 
 
know, sir? 
 
night? A. There was. 
 
Q. Give your opinion? A. I should "Q. What was it? A. The arrest the 
 
suppose about thirty or thirty-five. 
 
next morning of Mr. Bedell. 
 
Q. Did he go to the room with you? Q. You say that you never impressed 
 
A. He did not. 
 
topics of conversation upon your mind. 
 
Q. Did he come after you got to the Why did you not if this arrest impressed 
 
room? A. He did not. 
 
passing events the next day upon your 
 
Q. Was he in the room when you got mind? A. Because I did not think that 
 
there? A. He was. 
 
it was necessary.. 
 
 164 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Q. Can you mention any other event; dissatisfaction that he had with a partner 
 
that was impressed on your mind that', in Columbus. 
 
night except what you said of Mr. Bedell? i Q. Was there anything unusual about 
 
A. I do not think that I can, except the i Mr. Bedell's appearance that night when 
 
conversation that Mr. Tomlinson and ' you saw him pass the door? A. Nothing 
 
myself had that night. 
 
j that I noticed. 
 
Q. Have not you just stated that you! Q. How many stairways are there into 
 
can not remember the topics of conver- i the story where the bed-rooms are? A. Do 
 
sation that night. A. I said I could not : you mean flights of steps, or number of 
 
remember the general topics of eonversa-' steps? 
 
tion. but I do the business conversation, i Q. I mean the different flights of steps. 
 
Counsel for defense objects to the line of A. There is only one, sir. 
 
interrogatories by the prosecution, upon j Q. How far is your room from the head 
 
the ground that none of the answers, if; of the stair steps? A. I do not know the 
 
made, would elucidate the issue involved! distance. It is the lat room. It is as far 
 
before the Court. The witness has already j as from here (witness-stand, south end of 
 
stated that the arrest of Mr. Bedell next | room) to that wall, (north end of room.) 
 
morning impressed upon his mind the facts j I do not think it is quite that far to about 
 
connected with what he has testified as to ! that first window beyond the door would 
 
him: and whether the witness can or can I be about the distance from the head of the 
 
not recollect any other incident of the steps to my first door. I would not, how- 
 
night not connected in any way with Be- ever, be positive about the distance, 
 
dell, can not affect this testimony in this ! Q. Is there a passage from the head of 
 
particular. 
 
! the stair steps to the back end of the 
 
To which objection Mr. Brown presented | house, with sleeping apartments on both 
 
the following amswer: "As the witness j sides? A. There is. 
 
swears with positiveness to the fact that he j Q. You say yours was the last room, 
 
saw Bedell pass to his room at a certain j On which side was it I mean now going 
 
hour, it is legitimate and proper to test the [ from the stair steps? A. The left-hand side, 
 
strength of his memory by asking him Q. Whose room was next to yours on 
 
about ail that transpired in his room about the left-hand side? A. There is no room 
 
the same time, that the Court may be able at all on the left-hand side. How am I 
 
to see whether it is safe to trust his recol standing? 
 
lection on this one particular point. The Q. Whose room was next to yours on 
 
best, and almost the only test of the the same side? A. There is no room, 
 
strength and accuracy of the memory of i There is a little passage about three or four 
 
the witness as to the particular point, is to [ feet intervening between my room and the 
 
inquire as to his recollection of other facts j next room, which is vacant, 
 
that occurred at the same time." 
 
j Q. Were there any other rooms on the 
 
The Court was cleared for deliberation. I same side of the passage occupied at that 
 
In a few minutes the doors were re-opened,! time? A. There was. 
 
when the Judge Advocate announced that i Q. How many? A. Two. 
 
the objection had been overruled. 
 
\ Q. Who occupied the one nearest your 
 
Questions ly Mr. Brawn. 
 
self? A. Mr. Harris. It was a bed-room. Q. Who occupied the other? A. That 
 
Q. What business were you conversing was the oflice; it was used as his office, 
 
about? A. Have I a right to object to \ Q. Where was Mr. Bedell's room? A. 
 
that question? 
 
Opposite mine. 
 
Q. I do not ask what was said. I sim- Q. Do you mean the last room on the 
 
ply want to know the character of that right-hand side as you went down the 
 
business. A. The reason I object to the | passage? A. I do not. 
 
question is because it was a private con- j Q. Was there one between him and the 
 
versation on some private business, and I ' end of the passage? A. There was. 
 
do not care to make it public. If neces- j Q. Was not that then the one immedi- 
 
sary. however. I can do so. 
 
| ately opposite yours? A. Both rooms 
 
Q. I do not ask you to go into any detail,! were opposite mine; mine is a large room 
 
but just to give the general nature of the | that occupies the space of the two rooms 
 
business? A. It was in regard to some I the one occupied by Mr. Ellis and the one 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
165 
 
occupied by Mr. Bedell so both rooms Q. Where did you go to get the matches? 
 
are opposite mine. 
 
A. I went to the mantlepiece. 
 
Q. How many doors were in your room Q. Where is it? A. In the west part 
 
opening into the passage. A. Two. 
 
of the room; the situation of the building 
 
Q. Did any door open from the end of is east and west. 
 
your room into this little passage, across Q. Are the steps at the east or west end 
 
the passage you speak of? A. No, sir. of the passage? A. They are at the east 
 
Q. Is there any partition through your end. 
 
room? A. In the room, do you mean? 
 
Q. Then your room is in the west end 
 
Q. Yes, sir. A. There is not. 
 
of the building? A. It is. 
 
Q. Which door was open that night? Q. You went to the west end of your 
 
A. The door opposite Mr. Bedell's room. room when you went to get the matches? 
 
Q. la what part of the room were you? A. Yes, sir. 
 
A. Pretty nearly the center; more towards Q. Can you stand at the mantlepieee at 
 
the last end thaa in the center not far the west end of the room and see out of 
 
from the center of the room, where the the door furthest from you, and see Be 
 
table sets. 
 
dell's door across the passage from your 
 
Q. Which do you call the last end? A. door? A. I cau not see Bedell's door, but 
 
The lower end of the passage towards I could see any person passing to and from 
 
the fire place. 
 
Bedell's door, going towards the steps from 
 
Q. How many feet do you say it was the mantlepiece. 
 
from the place where you sat to Mr. Be Q. Do not persons often pass through 
 
dell's door? A. That I could not answer, that passage of a night who are occupying 
 
as I never measured it. 
 
rooms there without attracting your atten 
 
Q. I ask for your best opinion? A. I tion every time you move? A. Yes, sir, 
 
suppose about twelve feet from door to they frequently do. 
 
door; the passage is about twelve feet wide; Q. When they pass without attracting 
 
I suppose from where I was sitting to the your attention, it would be impossible even 
 
door that I had opened, was ten or twelve the next day to say whether they had passed 
 
feet may riot be quite so far. 
 
or not, would it not? A. Some persons 
 
Q. Then you. would say it was from could pass there without attracting my at 
 
twenty to twenty-five feet from where you tention, but Mr. Bsdell never came to his 
 
sat to Bedell's door, would you not? A. room without attracting my attention, if I 
 
No, sir, because I am not positive of the was awake. He had a peculiar habit of 
 
distance, either of the passages, or the dis wiping his feet on a mat before he opened 
 
tance from where I was sitting to the door. his door, which always attracted my atten 
 
Q. Is it not your opinion that that is tion whether my door was open or shut. 
 
about the distance? A. It is, from the Q. You have not answered my question. 
 
present idea I have of the distance. 
 
I will repeat it. When they pass without 
 
Q. Was there any light burning in. the attracting your attention it would be impos 
 
passage-way that night? A. There was sible even the next day to say whether they 
 
not; the passage is usually very dark when had passed or not, would it not? A. It 
 
none of the doors are open. 
 
would if something unusual did not take 
 
Q, Was there any door opened but place the next day in regard to them. 
 
yours? A. Not in my portion of the build Q. If they did not attract your attention 
 
ing; I do not know what occurred in the at the time, how could you swear the next 
 
front part; I could not see whether it was day that they passed, no matter how un 
 
open or not; Harris might hare had his usual the occurrences that transpired the 
 
door open and I not see it. 
 
next? A. I could not swear to anything 
 
Q. Did you remain all the time after that did not attract my attention. 
 
you entered your room, and until you went Q. Do you swear that Mr. Bedell never 
 
to bed, in the same seat? A. No, sir, I do passed in and out of his room, when you 
 
not suppose I did; I got up once or twice, were in your room, without especially at 
 
I reckon, to get matches to light a pipe as I tracting your attention? A. No, sir, I do 
 
was smoking, but I occupied the same po not. 
 
sition probably, during the whole time I Q. Were not you and the room-mate 
 
was there, but I did not occupy the same with you that night very seriously engaged 
 
seat all the time. 
 
a portion of the time in conversation? A. 
 
 166 
 
MILITARY OUTRAGE IN GEORGIA. 
 
I do not know that we had anything very j Q. How did the occupants get to the 
 
serious to converse about. He was relating j water-closet? A. By a back step. 
 
and I was listening. 
 
I Q. How long have you lived in Colum- 
 
Q. As it was a matter of personal busi- i bus? A. I have been there about a year. cess that you thought should not be spoken ! I lived there previous to the war nearly all of here, was it not a matter at the time that: my life. 
 
attracted your attention? A. Of course, I; Q. Was there any one in Columbus who 
 
was interested in it and paid attention to i resembled Mr. Bedell in size and general 
 
what he was relating. 
 
! appearance? A. Not that I can remember. 
 
Q. Did you not feel for him a decided [ 
 
interest in the matter? A. I did. 
 
! By Brown (with permission of the Com- 
 
Q. While earnestly engaged with him ! 
 
mission.') 
 
ninotciocnedverpseartsioonn,s 
 
would you as probably passin? through the 
 
have I pas-1 
 
Q- 
 
W, hat d,o 
 
Ioa mean 
 
, 
 
,, 
 
by the baek 
 
Wa7 
 
sase wav as you would" had you beea less ! to the wa*ei>f**? -f I iean the baek 
 
ensaaed? A. Upon hearing a person pass j ^eps. The budding has back steps and 
 
in Ae passage way when my door room is I front stePs- The back stairs lead dowa 
 
open: it is my usual habit to glance up and i **> an ">elosed lot, where there were water- 
 
see who it is just us almost any other per closets. 
 
son would do. 
 
Q. Do you mean that there ai-e back 
 
Q. Is it not probable that you mightnot stairs from this Passage UP in the second 
 
hav^ e d_ one th_ at w- hen you were v* ery serOi_ ou_ sly; nt-f^^-rr that 4-\-.^4. <ro__* down J n . toA~ the 4.U * water-closet? ____J.*-- 1_ *.O AA . 
 
engaged in conversation? A. It is. 
 
Q. Then will you pretend to answer Q. Then were you not incorrect when 
 
positively that Mr. Bedell could not have you said there was but one stairway that 
 
rone out tent-on? 
 
there A. 
 
without attracting your He misht have "gone 
 
atout 
 
jwI"fen*It 
 
urepmienmto*bethr act osrlreeecptli- yn,g 
 
aI-"p*ad-rit-dmennott? 
 
A. state 
 
there, but it is not probable that he could! *ere was but one stairway leading up 
 
have done so without attracting my atten- i there. 
 
tion. 
 
Q. You say you did not so state? I 
 
Q. Is it not possible that he could? A. will ask the reporter to read the question 
 
Well. yes. sir, he might. 
 
put to you on that point and the answer. 
 
The reporter read as follows: 
 
Questions In/ the Court. 
 
Q. How many stairways are there into the story where the bed-rooms are? A. 
 
Q. Which way does your door open, to Do you mean flights of steps or number of 
 
the right or to the left? A. To the left steps? 
 
the one I had open. 
 
Q. I mean different flights of steps. 
 
Q. Was it swung entirely back against! A. There is only one, sir. 
 
the wall, or was it only partially open? A. Q. Is that correct? A. I misunderstood 
 
I considered it only partially open. It was the question when I gave that answer, 
 
not against the wall. 
 
j Q. You now state there is a flight of 
 
Q. At what time did you close your ' stairs leading into this passage way between 
 
door? A. At half past eleven o'clock. ! the bed-rooms, going up from each end of 
 
Q. Was it when you looked at your ! the passage way. A. There is a main en- 
 
watch or clock, or was it when you went to j trance on the east side. Then there are 
 
bed? A. Just before I retired to bed. steps leading down to the water-closets on 
 
Q. At what time of night? A. It was the west end; but it is closed in, and there 
 
after half past eleven o'clock. 
 
j is no way of getting out into the streets. 
 
Q. WJiere does the small passage_Iead The back steps are only used to go dowu 
 
to? A. It is just an open passage. T~"here j to the water-closets. 
 
is nothing at all in It. It doesn't lead to ! Q. What sort of an inelosure is it. A. 
 
any place. 
 
j It is a small yard; the baek of it is part 
 
Q. Was the floor of the hall covered by ' of the warehouse; there is a little space 
 
any carpet or matting. A. It was not. intervening, where there is a. fence. 
 
Q. Where were the water-closets at Q. How high is that fence? A. I do 
 
tached to the building? A. In the rear, not remember; I do not know whether I 
 
to the west side. 
 
noticed it or not; I could not tell. 
 
J 
 
 MILITARY OUTRAGE IX GEORGIA. 
 
167 
 
Q. Could not a person get over it? A. Q. Can you not see into that lot from 
 
I presume so. sir. 
 
those windows? A. Yes, sir, I can see in 
 
Q. Do you not know that a person the back lot, but I can not see the water- 
 
could? A. That would depend altogether closet; I can see the top of it. not the 
 
upon a person's activity; some might, and ground. 
 
some might not. 
 
Q. Can not the fence be seen from your 
 
Q. Could a person of Mr. Bedell's ac window? A. It can not. 
 
tivity get over it? A. I know nothing of Q. Then do you intend to be understood 
 
Mr. Bedell's activity; I do not know as stating under oath, that you recollect 
 
whether he could or not. 
 
nothing about the fence there, and that you 
 
Q. Is it not an ordinary fence? A. I can give no opinion whether a person of 
 
do not remember the fence; I know there ordinary activity could get over it? A. 
 
is a fence; I could not tell whether it was an Yes, sir, I do, for I never measured the 
 
ordinary fence or what kind of a fence it fence; I know there is a fence there. 
 
was; all I know is that there is a little Q. What is it made of? A. I presume 
 
space between the water-closet and the it is made of wood. 
 
warehouse. 
 
Q. Don't you know? A. No, sir, I 
 
Q. Do you pretend to say that a person of would not swear to its being made of wood. 
 
ordinary activity in that back lot can not get Q. May it not be of brick? A. It may. 
 
out without going back through the passage Q. May it be of stone? A. It is not 
 
between the sleeping apartments? A. I did likely to be of stone, as we do not use many 
 
not; I did not say they could or could not. stones in Columbus for fences; it may be 
 
Q. What do you now say about that? of brick or wood, but not of stone; I do 
 
Can they or can they not? A. I am not not think, I would not be positive about 
 
positive; I do not know anything about its not being stone. 
 
Mr. Bedell's activity; I could not get over; | Q- Are you positive it is not iron? A. I 
 
they might or they might not; I would not am not positive of what material the fence is. 
 
be positive one way or the other. 
 
Q- Do you swear positively that there 
 
Q. I only want to know what your is a fence there at all? A. Well, I am not 
 
opinion is about that? A. I have stated I positive there is, but to the best of my be- 
 
could not be positive about a person get- j lief, knowing the place would not be left 
 
ting over it. 
 
open, I swear positively there ought to be 
 
Q. What is your opinion about it? A. a fence there, if there is not; I would not 
 
I have no opinion in regard to it. because swear point-blank that there is, for I do 
 
I do not remember the fence. 
 
not remember ever seeing it; it is not usual 
 
Q. How long have you roomed there?' for a person to leave a portion of a lot 
 
A. From September. 
 
I open, so I presume there is a fence there. 
 
Q. Until now? A. Yes, sir. 
 
I Q- This is a serious matter, and you 
 
Q. You do not recollect anything about j are under oath. Please state the size of 
 
the fence in the back yard of the building j the lot. A. I can not state the size of it, 
 
where you roomed? A. I do not. 
 
as I never measured it; I have no idea; I 
 
Q, Have you ever been in it? A. Been can draw it off on paper the form of the 
 
in what? 
 
j building and everything connected with it, 
 
Q. Been in that back yard? A. Yes. J but as to stating distances, I can not do it. 
 
sir, I have been in the water-closet. 
 
Q. Give us your opinion as to the size of 
 
Q. Have yon not been there almost the lot? A. I have none. 
 
every day since you have roomed where Q. Does it contain as much as an acre 
 
you do? A. I have not. 
 
of ground? A. It does not. 
 
Q. How often have you been there? A. Q. Does it contain a quarter of an acre? 
 
I have been there very frequently. 
 
A. It might or it might not; I do not know. 
 
Q. As much as every other day? A. Q. In your opinion, is there more or less 
 
.No, sir, sometimes I have not been there than a quarter of an acre in that lot? A. 
 
for a month or months. 
 
There might be possibly a quarter of an 
 
Q. Are there not one or more windows acre, but there is more likely to be less 
 
from the west end of your room overlook than a quarter of an acre. 
 
ing that lot? A. There are two that a per Q. Can you state there is no gate or 
 
son looks at in looking against the wall of door leading out on that back lot? A. 
 
the warehouse. 
 
None that I have any knowledge of. 
 
 163 
 
3IILITARY OUTRAGE IN GEORGIA. 
 
Q. Will you state that there is none?; take their meals in the house? A. No, 
 
A. To the best of my knowledge and be-j sir. not as a usual thing. At that time I 
 
lief I -will. 
 
| had a room-mate that stayed there and he 
 
Q. When you recollect so little about | used to have his meals sent to his room, 
 
the fence, how do you remember that there I Q. What was the business of that room- 
 
is no gate through it? A. From the posi- j mate of yours? A. Portrait painter. 
 
tion of the building surrounding it; but I nm not positive about there not being a 
 
Questions ty Mofr..th.BeroC_wonu,rt()with permission 
 
cate: I hare not said there was no gate. Q. Am I now to understand you that 
you mean to sav there was no gate; A. I said to the best of my belief there was 
 
jto Qen. teYrout]lsetatbe^ d y^ou i p^ art.didDgoo y-o^u^inteAnd 
 
never knew any one through the back tjo sdtoate that no one 
 
no gate leading out from the back part. , Q ^ Eed to Mr gt bens, 
 
9. I will ask_ you if you will swear j ^^ h ^ not ;ble f ^ 
 
positively there is none? A I will not ^ t] h ^ ^ bt Ju ^ of a 
 
swear positively one way or the other, be- foe in frODt colIid not you make 
 
cause I do not know whether there is or | 
 
t, ^ ^ ^ lot? A 
 
not. I swear that to the best of my j b ? . t h other]ots 
 
knowledge and belief there is none. 
 
1 J |. ifow woSld you get into the other 
 
Q. Then as you do not know whether; there is one or not, you can not swear there ; 
is not one. can you. A., i can swear to' 
 
Tw.Jater.el,oseTjt 
 
o_wro_ut]hMeJ 
 
_E.v,_ 
 
get that 
 
over the is down 
 
the best of my knowledge and belief there 
is not one. Q. Please answer my question. Then 
as you do not know whether there is one or not. you can not swear there is not one. 
can vou? A. No. I can not. 
 
Q. Could fence in case By breaking I.. ". Don't 
fire ii 
 
you not probably get over the a fire was pursuing you? A. it down I could. you think you could get over 
were a 
 
Questions ly Jlr. Stephens, (with permission \ pretty desperate effort. 
 
ofthe Court.') 
 
Q. I ask again if you could not get 
 
Q. Did you ever know any person to enter that building from that side of the 
house? A. No never. gate(?.thSerueppaonsdeathpeerresobneshaofuelndcemtahkeeree,gorersas 
 
! 
 
over the fence if there was a fire in your 
 
rear? A. I could try I do not say I 
 
could get over it. 
 
beeTnhecoenxcal,mudienda,t_iothn, e_ofcothuert 
 
witness bavins thereupon ad- 
 
froin the lot. where would they go to ? Do you know anything of the premises imme 
 
\ 
 
o'clock. 
 
until Monday 
 
morning 
 
at 
 
ten 
 
diately on the outside of it? A. Dr. j 
 
-l-ives nest. 
 
! 
 
MCPHEBSON BARRACKS, ATLANTA, GA., 1 10 A. M., July 20,1868. j 
 
Q. Is his the adjoining house? A. | The Commission met pursuant to ad 
 
Yes. sir. 
 
journment. 
 
Q, Does Dr. Urquhart's yard face right Present, same members as yesterday, 
 
nlocsr by that dividing line between the ! the Judge Advocate and his assistants, 
 
lot that you occupied rooms on and his ; the prisoners and their counsel. 
 
lot? A. it does. 
 
i The record of Saturday's proceedings 
 
Q. Do you know of any possible way of' was read and approved. 
 
escaping from or getting out of your apart- \  Theevidence of Mr. Homer ELStarr being 
 
nient from that end of the building at all read over to him, he desired and obtained 
 
to get on the street. A. No, sir, there is no j permission of the Commission to make the 
 
v;av to get on the street at aMfrom the lot. [ following correction: "I am only a clerk in 
 
Q. Were your apartments rented as j the cotton house: I am shipping clerk in 
 
sleeping apartments alone? A. Yes, sir. | the cotton house." 
 
Q. Do you know whether the oceu- j Mr. Stephens, for defense, by permission 
 
pants of the other rooms occupied theirs | of the Court, asked this witness the follow- 
 
in the same way you did? A. Some did,! ing additional question: 
 
and some did not. 
 
Q. What do you mean by you door 
 
Q. Did any of them live in the house "opening to your left?" Will you show 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
160 
 
the Court what you mean? A. I mean came to his room that night? A. I did that in going into my room from the hall, ; not, sir. 
 
it opens to the left. 
 
Q. Did you usually hear him when he 
 
Whereupon the witness, desiring to make came in or went out of his room? A. 
 
no further corrections, was discharged. Almost invariably, sir, while I am in my 
 
Mr. StepJiens 
 
conducts fJie examination for the defense. 
 
own room. 
Q. What was your own condition that evening, Mr. Ellis? A. I had been sick, 
 
ME. ROSTVELL ELLIS was then intro sir, confined to my bed a week or ten days 
 
duced as a witness for the defense, duly with severe illness. On Monday noon, I 
 
sworn, and testified as follows: 
 
imprudently got up and walked down to 
 
Q. Please state to the Court your name my boarding-house. I remained up during 
 
in full, and residence Christian name and that afternoon, retired to my bed about 
 
all. A. Roswell Ellis; Columbus. Ga. eight o'clock very much exhausted. I fell 
 
Q. Where were you the night that Ash- immediately to sleep under the exhaustion 
 
burn was killed? A. I was confined to of the exercise and the influence of opiates. 
 
my bed with sickness. 
 
I slept unnaturally sound in the early part 
 
Q. Where were your apartments at that of the night. 
 
time? A. My sleeping apartments were Q. What time of night did you wake? 
 
up stairs in the northwest corner of what A. It was between the hours of twelve and 
 
is known as "MeGehee's Building," on the one, I recollect, and how far before that I 
 
west of Broad Street, north of Randolph can not say, P woke; I heard Mr. BedelFs 
 
Street. 
 
clock strike one the clock in his room he 
 
Q. Did any other persons have sleeping keeps running; I have no clock in my 
 
apartments in the same building on the room; I would state that I was waked by 
 
same floor? A. Yes, sir; several persons the paroxysms of pain returning, and from 
 
occupied rooms up there at the time. 
 
that time I did not shut my eyes; I was 
 
Q. Who were they, to the best of your in a great deal of pain. 
 
remembrance and belief? A. Mr. Bedell Q. Did you go to sleep before day? 
 
occupied the room immediately east of me. and if so, at what time? A. I did not, sir. 
 
The adj oiuing one to him was occupied by Q. Do you thing if Mr. Bedell had 
 
a Mr. Reed, cotton merchant, or cotton j come in his room or gone out of his room, 
 
buyer. The one adjoining that was occu-' after you woke, that you would have heard 
 
pied, I think, by Dr. TJrquthart as his! him? A. I think so, sir; for I can always 
 
office. I don't think it was occupied at hear while everything is quiet, and even an 
 
that time as a sleeping apartment. The ordinary conversation in his room. 
 
corner room, the last one on that side of Q. Is there a door or not between your 
 
the hall, was occupied by Mr. Duck as a \ room and his, opening in to each other? A. 
 
sleeping room. That is the north row oft It is unlocked, sir; my wardrobe stands 
 
rooms. On the south side of the hall, the against it that is, as near against it as the 
 
two first rooms next to Broad Street were knob of the door will admit, shutting out 
 
occupied as a revenue office by Mr. Mc- entirely the sounds. 
 
Spadden and a Mr. Harris, who were reve* Q. Do you usually hear Mr. Bedell 
 
nue collectors. 
 
when he comes in or goes out? A. Yes. 
 
Q. Who in the next? A. The next, I! sir, I do, sir, when I am in my own room 
 
think, sir, was a vacant room. It was not; first, or while I am in my room, and very 
 
well ventilated, and is not fit for a sleeping | often I am woke from my sleeping by his 
 
room, or any other purpose. Between that j corning there; it is not an unusual occur 
 
room and the one occupied by Mr. Starr is j rence. 
 
a passage that was not occupied at all.! Q. Are you acquainted with the habits 
 
The next room to it, that was occupied by of Mr. Bedell, of being in or out at night? 
 
Mr. Starr, and Mr. Tomlinson was in the' A. I know his habits, sir. during the time 
 
room with him. 
 
I that he has been rooming there; he has 
 
Q. When you say Mr. Bedell, whom j been very much engaged at night attend 
 
do you mean? A. I speak of Mr. Colum- j ing to his business, and to my knowledge 
 
bus C. Bedell whom I recognize among the he has been kept up during the cotton 
 
prisoners there. 
 
seasoa to a very late hour; his hour of re 
 
Q. Did you /hear Mr. Bedell when he tirement varied, I suppose, sir, from ten 
 
18 
 
 170 
 
MILITARY OUTRAGE IS GEORGIA. 
 
one sometimes as late as two: I'jeets to the witness stating -what he has 
 
have occasion to know that he has been | heard). Witness continues: I have seen a 
 
confined to his office on business on many , party (will that statement do?) who was 
 
occasions of his retiring late. 
 
j afterwards represented to me, and I ree- 
 
Q. Bid you ever know him to attend j ognized, as bearing a resemblance to Mr. 
 
any party meetings? A. I don't think I; Bedell. 
 
ever knew him to attend a public meeting' Q. What was the name of that person? 
 
of a political character: I don't recollect | .4. His name was given to me as Hudson; 
 
of ever having seen him at one. 
 
no personal acquaintance with him. 
 
Q. What was the usual mode of wear Q. How did he wear Ms hair long, 
 
ing his hail-? A. Well. sir. I don't think ! over .the shoulders? A. His hair was worn 
 
it varied materially from the style he now! long, over the shoulders, with long beard: 
 
wears it. sir; I think I should observe the my recollection of him. 
 
difference, if any material one. 
 
j Q. How did his general size and height 
 
Q. Did you ever see it long, hanging j correspond with Mr. Bedell's? A. I think 
 
down about the shoulders? A. Well, sir. <' it corresponded with Mr. Bedell's. 
 
I can't recollect that I have; I don't think : Q. Do you know 31r. William H. Bran- 
 
it is his customary style. 
 
j non? A. I do. sir. 
 
Q. Was there a carpet or net in his | Q. How would you say his height and 
 
room ? A. Xo carpet in his room: there ! appearance accord with Mr. Bedell's, 
 
may be a piece of carpet near his bed, but [ including his beard? A. His appearance 
 
he has no carpet to walk upon. 
 
j corresponds, sir, veiy much: I think his 
 
Q. Can you and do you distinctly hear j height would not; he is not quite so tall as 
 
snv person walking in his room? A. Very [ Mr. Bedell. 
 
distinctly, yes. sir. while in my room. | Q. How does his beard correspond? A. 
 
Q. Do you know or not his walk from 1 His beard is woru in the same style, and 
 
other people's? A. Yes. sir; he has a ! very long. 
 
peculiar walk, and I have heard it so often j Q. Do you know a Mr. Bradley, Major 
 
I can easily recognize it as his. 
 
! Bradley, there, who is a bar-keeper? A. I 
 
Q. Do you have a very distinct impression \ do, sir. 
 
as to the facts you have testified about ! Q. How does his size and appearance 
 
the time you awoke up. and the pain, and \ correspond with Mr. Bedell's? A. He is 
 
the striking of the clock; and if so, state j a stouter man than Mr. Bedell; not so tall; 
 
the reasons why they were impressed upon ! wears a long black beard, 
 
your crlnd? A. I have a very distinct | Q. Was there no way of getting in or 
 
recollection of waking before the hour of I out of that house to your apartments ex- 
 
one, and hearing his clock strike one. Mr.'! cept through the front entrance on Broad 
 
Bedell, about. I think, between eight and ' street? A. Xot at night, sir; they could 
 
nine o'clock the nest morning, came into' not get out except by jumping fences or 
 
my room and inquired if I had heard him I climbing. 
 
come in last night. I told him I did not, I Q. Where is the water-closet there? 
 
and in reply to me he told me he came in I A. The water-closet belonging to that ten- 
 
at some early hour of the night; i can not j ement is in the north-west corner of the lot. 
 
recollect now definitely. Mr. Bedell stated I Q. How is that back space, including 
 
to me that he had learned that he was sus- | the water-closet, inclosed? A. It is in- 
 
peeted of having been engaged in the as-! closed by a plank fence, within the inelo- 
 
sassination. and I replied to him that if he ! sure within the yard, 
 
had came in after one o'clock. I should j Q. State to the Court how you would 
 
most certainly have heard it I thought; but | go how you would pass from your room 
 
having slept so very soundly during the j to the water-closet? A. I should pass out 
 
early part of the night, I doubted very ! of a hall on to a platform, and from thence 
 
much whether his coming in would have I by a flight of stairs into a back yard. 
 
disturbed me. f\ T.T +Trrr\^/3 "TO/1 
 
Q. What is the distance; how far would /""} "\\< \\tt4- TO t-Tia rlicf.onAA - Virvor fni* " 
 
Q. Was there anybody about Columbus you walk on the platform before getting 
 
who was taken for Sir. Bedell sometimes? on to the flight of steps that went down 
 
A. I know of none to iny personal knowl to the little inclosure in which, the water 
 
edge that I should at any time mistake for closet is? A. Twenty-five or thirty feet, I 
 
him. I have heard (Judge Advocate ob- j think. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
171 
 
Q. How high is that platform from the and see whether it is a correct represent 
 
ground? A. I think about fifteen feet, ation of the premises? I mean the in 
 
sir; I am not positive as to the height of the closed ;pace in which the water-closet is? 
 
upper floor from the ground. 
 
(A diagram is here exhibited the witness : 
 
Q. You descend the space going down it is appended to the record and marked 
 
into the water-closet; what is the space . A. Yes, sir; I recognize that as a 
 
included, as well as you can recollect correct diagram. 
 
that inclosed space in which the water- 
 
closet is? A. Well, sir, about thirty or forty feet one way by probably between 
 
Questions ly Mr. Stephens. 
 
forty or fifty the other; I may be inaccu Q. (Holding up a diagram representing 
 
rate in my recollection about it. 
 
j the premises upon which the ATeGehea 
 
Q. How is' that space inclosed? A. It ; building is situated.) I will ask the is inclosed by an upright plank fence. i witness where the water-closet to his 
 
Q. Which side are the planks nailed' apartment is? A. Letter B represents it. 
 
on? Do they make the smooth side in the ' Q, What does the letter E represent? 
 
inclosure or on the outside of the inclosure t \A. It represents a vacant and unoccupied 
 
A. I have never had occasion to observe kitchen. 
 
which side they are nailed on. 
 
Q. What does G represent? A. It rep 
 
Q. How high is that fence, to the best resents the fence dividing that- lot from 
 
of your knowledge and belief? A. Be- | Dr. Urquhart's lot. 
 
tween six and seven feet, I think, sir. 
 
Q. What is the height of that fence? 
 
Q. What does this fence separate? A. A. I presume about seven feet ordinary 
 
Explain which fence you mean. 
 
height. 
 
Q. The fence that incloses. A. It Q. What does F represent? A. The 
 
separates the water-closet and a vacant yard of Dr. Urquhart. 
 
kitchen from the main yard of the stores Q. What does letter I represent? A. 
 
of the lot. 
 
I represents the gateway between the inner 
 
Q. What else does it separate, on the lot and the main inclosure main yard. 
 
north side? A. Separates the yard of Dr. Q. What does H represent? A. A 
 
Urquhart from this lot. 
 
water-closet in the rear of 3. K. 
 
And what is on the west side of this Reed & Co. 
 
space? A. The west side is a warehouse Q. What does L represent? A. Itrepre- 
 
wall of Grey, Bedell & Hughes extends sents the fence of the inelosure within the 
 
north as far as Dr. Urquhart's yard. 
 
yard. 
 
Q. And what is to the south side of this Q. What was the object of this fence 
 
space? A. There is a very high fence. represented by L? A. I think it was 
 
which nearly protects the south side ; the j arranged to accommodate a family who 
 
balance is protected by walls of the houses;; formerly occupied these two room. 
 
it was a fence originally built round a j Q. Was it to make the water-closet for 
 
negro mart; the house it incloses was | the stores below separate from these family 
 
once used as a negro mart. 
 
I water-closets ? A. Yes, sir, that was the 
 
Q. You mean this high fence you speak I intention I presume. 
 
about incloses what was the negro mart, i Q. You say I represents a gateway, 
 
still south of this building ? A. Yes,' Could not a person going down the stair 
 
sir. 
 
steps B, pass out at the gate I, and down 
 
Q. That fence that incloses the build- the alley C to Broad street? A. No, sir. 
 
ing south of the MeG-ehee building is! Q. Why not? A. Because the stair- 
 
higher than this fence I am talking about! way ascends to a platform on the second 
 
to Dr. Urquhart's lot? A. Oh. yes, sir; 1 story and closes up entirely that passage 
 
that is fifteen feet high, I reckon. 
 
the little alley-way, 
 
Q. That incloses another space south of Q. Which way does it start from? A. 
 
it? A. It incloses one that is occupied by It starts from Broad street, from the east. 
 
Mr. Sykes. 
 
Q. What does M represent? A. That 
 
Q. Who was the architect who con- represents a stairway hetween Mr. Sykes, 
 
structed the plan for the McGehee house? i and J. K. Reed & Co's. 
 
A. I have understood it was Mr. Morton. Q. How high from the foot to the top of 
 
Q. Will you look upon this diagram the stairway? A, About fifteen feet. I 
 
 172 
 
MILITAET OTJTKAGE US GEORGIA. 
 
can not answer those measurements accu stocking feet if he chose to do 'so, secretly 
 
rately. It is in the second story. 
 
and privately, without attracting your at 
 
Q. So you say it is impossible for any tention? A. It is possible. 
 
person to pass through the gate I. and come Q. Is it not altogether practicable? A. 
 
down the alley C; and pass out to Broad When the door is left open you mean? 
 
street that wav? A. Impossible, sir. 
 
Q. I mean when it is left unlocked? 
 
Q. What "does K represent? A. K A. Yes, sir; I think it is probable that it 
 
represents a very tall fence which incloses could be done. 
 
what was oaea used as a negro mart. 
 
Q. Do you know whether the clock in 
 
Q. Is that negro mart south of the his room struck the hours correctly or not? 
 
McGehee building? A. Yes. sir. 
 
A. I, think it does so, for I have often set 
 
Q. Does that high fence separate the my watch by it. 
 
negro mart from the Me&ehee lot? A. Q. By the striking? A. Yes. sir. 
 
Yes. sir. 
 
Q. Did you attend any party political 
 
Cross-examined--Questions "by Advocate. 
 
ilie 
 
Judge 
 
meetings at Columbus, some time prior to Ashburn's death? Q. I am trying to refresh 
 
my mind whether it was before or after that 
 
Q. Several names were suggested to yon the young men's Democratic Club was or 
 
of persons in Columbus, and you were ganized. I think the Democratic Club 
 
asked to state whether or not those persons vras organized after the death of Ashburn. 
 
resembled the prisoner. Bedell. Could Q. That is not an answer to my ques 
 
TOU not readily distinguish Bedell from tion I will repeat it: Did you attend any 
 
any of the persons named? A. From my party political meetings at Columbus, 
 
long acquaintance with Bedell I could, sir. some time prior to Ashburn's death? A. 
 
At night I might be mistaken. I pre I do not remember, sir, of having attended 
 
sume you do not ask the question with re any immediately before or within a short 
 
gard to night time? 
 
time previous to it. 
 
Q. Whether you would mistake them Q. Then if you do not remember of 
 
at night or not. would depend whether having attended any political meetings a 
 
you saw them in a light or not, I presume? short time before Ashburn's death, you can 
 
A. Yes. sir. it would depend upon where not state positively whether or not Bedell at 
 
I saw them. 
 
tended such meeting. A. I stated from a 
 
Q. You might at night not be able to knowledge of his general habit of not at 
 
distinguish persons with whom you were tending political meetings. 
 
very well acquainted, although they did Q. You do not then of your own knowl 
 
not resemble each other. I presume? A. edge know whether he attended political 
 
Yes. sir. 
 
meetings or not previous to Ashburn's 
 
Q. You stated that you could hear Mr. death? A. I cam not state positively 
 
Bedell go in and out of his room. A. I whether he did or not. 
 
did. sir. 
 
Q. During the severe pain which you 
 
Q. You mean. I suppose, when he went say you were suffering when you woke up 
 
in and out of his room as men ordinarily that night, and which I understood you to 
 
do; with his boots and shoes on? A. Yes; say continued to be severe for some time 
 
sir. 
 
afterward, would you be likely to notice as 
 
Q. Do you pretend to say that Mr. Be particularly a person entering or going out 
 
dell could not by taking off his boots and of an adjoining room? A. I was partic 
 
shoes, pass in and out of his room without ularly wakeful, and should have heard 
 
attracting your attention when you were everything that passed within the hall; 
 
shut up in your room? A. I do not think that I could have heard, or would have 
 
it is impossible. 
 
heard anything passing through the hall. 
 
Q. Is it at all impossible that he could Q. You could have heard, but would 
 
not go in or out of his room in his stock not the fact that you were then suffering 
 
ing feet without attracting your attention? severe pain have prevented you from re 
 
A. I think it is improbable, for the reason membering matters of indifference? A. 
 
that from using his key to open the door. I If this important event had not been made 
 
should be very apt to hear him. 
 
known to me the next morning, and my 
 
Q. Suppose his door were unlocked. memory refreshed, I would probably not 
 
could he not then pass in or out in his! have noticed anything that passed. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
17; 
 
Q. How far were your sleeping apart ing? A. As to either the usual time or 
 
ments from the place where Ashburn was as to the time that morning, I mean I can 
 
killed? A. I do not know precisely the not be positive as to the precise hour he 
 
locality of the house that he was killed in; leaves his room, but habitually, I think, 
 
from the description given me, I should about 8 o'clock. 
 
judge it was about five hundred yards. 
 
Q. Why do you suppose he had been 
 
Q. It seems that he was killed in a out that morning on the street before he 
 
house on Oglethorpe street, diagonally came in to visit you? A. Because I heard 
 
across from the Perry House; how far the usual noise in his room, the same as I 
 
were your sleeping apartments from that hear any morning, and presumed, as a mat 
 
locality? A. Between four and five hun ter of course, that he had been out before 
 
dred yards, I reckon; my measurements the hour that he came into my room; he 
 
can not be very accurate, because I have never remained in his room later than nine 
 
never seen the building to know it. 
 
o'clock that I observed. 
 
Q. Could you not, in a still night, hear the Q. Can you say now that you distinctly 
 
firing of ten or fifteen pistol shots, at that remember of having heard him lock up his 
 
locality where Ashburn is said to have been room and leave it, and walk out on the front 
 
killed, from your sleeping apartments? A. stairs that morning? A. I can not. I did 
 
Well, sir, I do not know; I could hardly not think it was necessary consequently 
 
answer that question; I have thought of did not charge my mind with the impor 
 
the firing that night, and accounted for my tance of noticing these things. 
 
not having heard it from the fact of that Q. Then it seems that he could leave his 
 
.being in the house and my own room be room and walk down stairs and you not 
 
ing closely shut up entirely closed; if it observe it? A. He might have done it by 
 
had been in the street it is possible I might taking a great deal of care, or going out in 
 
have heard it. 
 
an unusually quiet manner. 
 
Q. You say that prisoner Bedell came Q. Didn't he do it that morning? You 
 
into your room between eight and nine do not remember of hearing him go out of 
 
o'clock the nest morning after Ashburn his room down stairs do you? A. I do not 
 
was killed? A. I thought it was about remember. I may have heard him, but I 
 
nine o'clock. 
 
would not probably have noticed it particu 
 
Q. Do you know whether he had been larly. I did refresh my memory though 
 
out of the house that morning previously? with regard to his being in his room at the 
 
A. I can not state; the usual noise that I usual hour in the morning the time he 
 
hear i n his room I heard that morning; usually got up. 
 
that is, walking about. 
 
Q. You refreshed your memory about 
 
Q. You mean that you heard him walk his being there the usual hour in the morn 
 
ing about in Ms room that morning as ing in consequence of Ashburn's death, and 
 
usual? A. Yes, sir, that is probably a his asking you some questions in regard to 
 
better shape to put it in. 
 
where he was that morning? A. Yes, sir. 
 
Q. Did he come into your room ap Q. As all matters relating to his where 
 
parently from his own room? A. I think abouts that night were thus so early brought 
 
he came from his room into mine. 
 
to your attention, after their occurrence, 
 
Q. Did you hear the usual noises in bis how doesit happen that you can notremem- 
 
room that morning which indicated he had ber whether or not he left his room to go 
 
left his room and gone off for the day, be upon the street that morning? A. I can 
 
fore he was in your room? A. Yes, sir. not tell how it happens. It was just neglect 
 
Q. Do you mean he had been out, you on my part, I suppose, to think at the time. 
 
suppose, and returned before he was in I am sorry I did not impress the facts more 
 
your room? A. That is what I presume. on my mind. 
 
Q. What time did he leave the room Q. Then as he walked out of his room 
 
that morning? A. I think about the without your being able to recollect it, 
 
usual hour; about 8 o'clock was his usual might he not have walked into his room 
 
hour for leaving the room; I will not be without your recollecting it, even if you had 
 
positive as to the precise time. 
 
heard it? A. It is possible. 
 
Q. Do you mean you will not be positive Q. What was Mr. Bedell's appearance 
 
as to his usual time of leaving his room, or that morning when you first saw him. A. 
 
as to the time he left his room that morn I did not remark any thing unusual. 
 
 1T4 
 
MILITARY OTTTRAGE IS GEORGIA. 
 
Cross-examination continued by Mr. Brown. 
 
from TJrquhart's lot, is six feet eight ineb.es high; is it cot possible for a man of Mr. 
 
Q. "Who kept the store-rooms tinder the! Bedell's height and age to cross a fence of 
 
sleeping apartments at the time of Ash- that height? A. By climbing over? I pre- 
 
bunfsdeath? A. They had been unoceu- j sume it is; I have seen an active negro 
 
pied for several months previous to that, j climb over by several motions. 
 
Q. Are you able to state of your own I Q. Can not any man of ordinary activity 
 
knowledge that the doors might not have | cross a fence six feet eight inehes high? 
 
been open that night? A. Do you mean; J.. Not without some effort; I should not 
 
the doors of the stores below? 
 
think he could; it requires effort to do it. 
 
Q. Yes: sir. A. I think they eonld not Q. Can a man do anything without some 
 
possibly have been open, for the keys were' effort? A. There are some things which 
 
in the possession of Mr. Jack R. Reed, I ! do not require as much as others, 
 
think, or the owner. MeGehee. If they had Q. Can not a man of ordinary activity, 
 
been forced open, it would have been evi-! desiring to cross a fence, make some effort? 
 
dent the next morning. 
 
[ A. Well, if there was not an easier mode 
 
Q. When did you see the keys in the of getting to the point wanted, I suppose 
 
possession of either of those gentlemen?. he would make some effort to get over 
 
A. I have not seen them myself, but as a' the fence. 
 
near neighbor. I have known others to go ' Q. Suppose a man had desired to go 
 
there for the keys to enter to look into the down that flight of steps and go out that 
 
premises; they were for rent. 
 
\ way, that being the mode selected by him. 
 
Q. Do you know of your own knowl- 'would he not have made some effort? A. 
 
edge who had the keys of those store-rooms' I presume he would, 
 
on that night? J.. I do not. 
 
I Q. Then you do not pretend to say that 
 
Q. Could you swear that they were not, it took any very great effort to get over that 
 
in Mr. Bedell's possession? A. No, sir, I i fence, do you? A. Having never tried it, 
 
could not swear that. 
 
I sir, I can not tell what effort it required; 
 
Q. If they had been in his possession. I it appears to me to require some effort and 
 
could he not have gone down the back stair-; some activity. 
 
way and opened the door, and gone through \ Q. Is Mr. Bedell able to exert some 
 
the store-room into the street? A. If be \ effort and. some activity? A. I should sup- 
 
had not the back door key, I think it is' pose; but whether sufficient to climb that- 
 
impossible that he would go through that fence I am not able to tell, 
 
way. for they opened only with the front Q. If he had a motive in going that way, 
 
door key. and the back door keys are left! do you not believe he could get*across it? 
 
ordinarily in the door. That is the habit \A. I do not think it is insurmountable; I 
 
in all vacant houses. So I presume he' think he might have gotten over it. 
 
would have some difficulty in getting! Q. "When over that fence, was it not pos- 
 
through that way even with the front door I sible for him to have gotten into the street? 
 
keys. 
 
I A. By crossing another fence the divid- 
 
Q- uesti.ons .ly B_,rown. 
 
ijns^ : fenacned btheetwsfeae.enett_he yard of Dr. Urqu- 
 
Q. Do you know that that is the habit Q. What sort of a fence was that? A. 
 
in ail vacant houses? A. Yes, sir, vacant j I think it is what is called a picket fence: 
 
stores, I think it is. 
 
I it consists of pieces of wood some two 
 
Q. Do you know that the keys were in inches in diameter, upright, about four 
 
the back doors of the store-rooms that night? inehes apart, I think, with sharpened points; 
 
A. I do not 
 
I judge it is about five or six feet high. 
 
Q. Do you know that Mr. Bedell did Q. Do you feel certain that your descrip 
 
not have the front and back door keys of tion is correct as to that fence? A. I think 
 
the store-rooms that night? A. I do not. so; I do not think I am incorrect about 
 
Q. Is it not possible that he may have that. 
 
tad them and gone through there that Q. Is there no gate through it or other 
 
night? A. I hardly know; I suppose it way to get from Dr. Urquhart's lot into the 
 
is possible. 
 
!j.s_tr.e._et...w..i.t.h_o..u.t sealin0g t.he. fence? A. There 
 
Q. I see by the diagram that the fence is a gate through his front yard into the 
 
marked "G-." which divides the back lot street. 
 
 MILITABr OUTRAGE IN GEORGIA. 
 
175 
 
Q. Is there not a gate from Dr. Urqu- one we are less familiar with? A. "Well, I 
 
liart's lot into the street. A. Yes, sir. do not know that that would be an invari 
 
Q. Suppose Mr. Bedell had desired to able rule, or conclusion. It depends on the 
 
go out of his room that night without your character of that sound what it is that 
 
knowledge, could he not have opened his attracts us. 
 
door, with his shoes off, and gone down the Q. Suppose it to be a sound that we are 
 
front way into the street? A. In the early not accustomed to hear, would it not be 
 
part of the night he might have done so, more likely to attract our attention? A. I 
 
and with a great deal of care he might have [ think an unusual sound is more likely 
 
done it in the after part of the night, but probably to attract. 
 
I in all probability would have heard his Q. Then it is more probable that the 
 
key, and the door shut. 
 
sound of feet to which our ear is unaccus 
 
Q. Suppose he had gone into his room tomed, would attract our attention than the 
 
with the intent to do that, could he not sound of feet which we are accustomed to 
 
when he entered have simply closed his [ hear daily and hourly? A. You are speak - 
 
door without fastening either the lock or the I ing now with regard to general sounds. lu 
 
latch, and let it stand so until he desired to my room I hear very little, except the walk- 
 
go out, and have gone out making very little ing the sound of persons walking up and 
 
noise. A. Possibly he might hare done so. down; and Mr. Bedell's walk is so very 
 
Q. Well, you pretend then to swear that different from any one elso who occupies 
 
he did not go out that night? A. I only that room that I generally remarked it, and 
 
pretend to swear that I believe he did not noticed that they were his footsteps. It was 
 
go out. 
 
the same way with the other occupants. 
 
Q. You can not state that he did not go "When I hear them come up stairs I very often 
 
of your own knowledge, can you? A. No, listen and can tell from their steps who it is. 
 
sir. 
 
Q. When there is nothing to attract 
 
Q. Did anybody else enter Mr. Bedell's attention to Bedell's walk or cause 
 
room the next morning before he went into you to take notice of his presence, how 
 
the street? A. I do not know. 
 
long do you usually remember when ke 
 
Q. "Would you not probably have heard j comes and goes out of his room? A. 
 
them if any one had gone in? J.. I might: Well, if there is nothing to attract my atten- 
 
have heard them. 
 
tiofl to him, I should probably not remem 
 
Q. Is it not as probable that you would ber it five minutes or pay any attention 
 
have heard any one else going in his room to it. 
 
as it is that you would have heard him Q. Did you consider on that night that 
 
going out? A. I think it is quite as pro there was anything special to attract your 
 
bable, except, if you will allow me to add, attention to his movements or to cause you 
 
that I can distinguish Mr. Bedell's walk in to recollect? A. No, sir. 
 
the hall and in his room generally from any one else, and I should probably have distinguished his walk. 
 
Questions 1>y Mr. Stephens, (with permission of the Court?) 
 
Q. As you are accustomed to hear him Q. Who occupied Dr. Ui'quhart's house 
 
pass there daily, is it not less probable that | at that time? A. Dr. Urquhart and y* ou woul- d- notir ce-h.is wa,lk._th*an_the wa lk.o-f*/fam!ily, 1-i t.1hink\ , wiho was -kI eeping tboardiers. 
 
some one not accustomed to going through There were quite a number of families 
 
there? A. No, sir. 
 
occupying the house. 
 
Q. Don't sounds that we are accustomed Q. Would not a person passing through 
 
to hear daily and hourly in our rooms fre that yard that night, from the number of 
 
quently attract little attention on our part? occupants in the house, have been more 
 
A. Yes, sir, I think so. 
 
exposed to observation than he would even 
 
Q. As an illustration, we get so used to in Broad street? A. Yes, sir, I think so, 
 
the striking of a clock that we may often or quite as much so. 
 
be in the room, and it strikes, and we never Q. Would the passing out of Mr. Bedell notice it, may we not? A. It is sometimes in the morning to breakfast have been, 
 
the case. 
 
likely to have made as much impression on 
 
Q. Is it not less probable then that we your mind as the passing in or out at that 
 
would notice a sound that we are so fami- late hour of the night would? A. No, 
 
liar with, than it is that we would notice sir, I think not. 
 
 176 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Questions TJTJ Mr. Brown, (icith permission state that they make no charge that the 
 
of the Court.') 
 
witnesses named are not gentlemen of 
 
Q. As you. went to sleep at eight or veracity." 
 
nine o'clock that night and did not wake until about one. could Mr. Bedell not have come in from the streets with his shoes off. and gone into his room without waking 
 
Upon this statement of the counsel for the prosecution, Mr. Stephens, withdraws his request. 
Thereupon, at the request of Mr. Ste 
 
you:L? A. Yes. sir. 
 
phens, who was feeling very much indis posed, the Commission adjourned until 
 
Questions 1y Hie Court. 
 
to-morrow (Tuesday) morning at ten 
 
Q. When and how did you hear of Ash- o'clock. 
 
burn's murder? A, I heard it between 
 
s BARKACKS, ATLAXTA, GA., "l 
 
eight and nine o'clock. I think, the next 
 
10 o'clock A. M., July 21, 1868. / 
 
morning. It was told me by 31r. Ingmire, The Commission met pursuant to ad 
 
who came in to see after my condition. journment. Present, the same members as 
 
Q. -You state that you are awakened by yesterday, the Judge Advocate and his 
 
3Ir. Bedell's coming in or going out. Are assistants, all the accused on trial, and their you positive that you were never awakened counsel. 
 
between twelve and one o'clock that The record of the proceedings of the 
 
night by pain and not coming in? A. I was 
 
by Mr. Bedell's awakened that 
 
previous day was read and approved. The testimony of Koswell Ellis having 
 
night by pain and not by Mr. Bedell's been read over to him, he was asked by the 
 
coming in. Q. About how many minutes before the 
 
Judge Advocate if he desired to make any corrections. He said: "There is only one, 
 
striking of one did you wake? A. I can not tell. I thought of it frequently since the time: I have endeavored to refresh my mind' and I can not determine the precise time that I awoke, but I know it was some time before the clock struck one. It might have been half after twelve or 
 
probably two, important inaccuracies. In speaking of the location of my wardrobe and the door of my room, it makes me say that it shut out the sound. Not shutting out the sound it should be. The other is in regard to the height of -the platform; that is unimportant, I think. It may be 
 
quarter to one. Q. Yv'hea was the person who was repre 
sented as appearing like Bedell pointed out to you? before or after the murder of Ashbura? A. It was subsequent. 
The examination of the witness having 
been concluded. Mr. Stephens presented the following: 
 
that high or it may not. I think probably it is not." 
Mr. Stephens, by permission of the Court, proceeded to examine the witness with regard to another of the defendants, Mr. ChTpley. 
Questions ~by Mr. StepJiens. 
 
' 
 
"The credit of the witnesses Underwood, Q. Are you acquainted with Mr. Chip- 
 
Eeese. Tucker and Parham examined on ley, one of the accused? A. I know him 
 
behalf of the prisoner Duke, having been very well, and recognize him among the 
 
attacked on cross-examination, counsel prisoners. 
 
for the defense now propose to offer the Q. Will you state to the Court what are 
 
testimony of Hon. Hiram Warner. Chief his habits as to being out at night? A. I 
 
Justice of the Supreme Court of Georgia, have never known him to be out at night 
 
to support the credit of the impeached except at the meetings of our reading and 
 
witnesses.'' 
 
chess club. 
 
To which the counsel for the prosecu Q. Who is President of that club? A. 
 
tion replied as follows: 
 
I was, sir, for several months; I presume 
 
"The counsel for the prosecution object six months, or longer. 
 
to the admission of the testimony proposed, Q. How often does it meet? A. The 
 
on the ground that the credibility of the business meetings are about once a month 
 
witnesses named has not been attacked. on the first Monday of each month. The 
 
They were carried through a sifting cross- club-rooms are open both night and day 
 
examination with the view of testing the for the visit of its members, 'and such 
 
strength and ^accuracy of their memory. guests as may be invited. 
 
The counsel for the prosecution distinctly Q. How many months, or how long 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
177 
 
about before the death of Ashburn, had ] and in the dark? A. No, sir, not if they 
 
he been married? A. I do not recollect were masked and in the dark. 
 
the date of his marriage, but several Q. Do you know Marion Estis? A. I 
 
months previous to that. 
 
do. 
 
Q. You have stated that be was not go Q. How does he correspond in size with 
 
regular in his attendance afterwards. "Will Mr. Chipley? A. His size resembles Mr. 
 
you be more specific, or can you be? A. Chipley's. 
 
His irregularity was remarked by other Q. Do you know the Reverend Mr. 
 
members of the club after his marriage Devotee? A. Yes, sir. 
 
his irregular attendance upon the meetings. Q. How does his size correspond with 
 
He seems to have lost that interest he Mr. Chipley's? A. I think he is a little 
 
formerly took in the club. 
 
taller than Mr. Chipley, but otherwise I 
 
Q. Was there any notice taken in the think his size, his form resembles Mr. 
 
club, or suggestion made in regard to his Chipley's, but not quite as heavy. 
 
absence? A. I think there were some Q. Do you know Khodes Brown? A. 
 
jocular proceedings, threats to expel him, I do. 
 
or something of that kind. Tour inquiry Q. How does he correspond? A. His 
 
brings to my mind something of that kind form resembles that of Mr. Chipley. 
 
that did occur. 
 
Q. Do you know Capt. Bevins? A. I 
 
Q. Was there any gaming or drinking do. 
 
at that club? A. The innocent games at Q. If Mr. Chipley and Mr. Bevins were 
 
cards were permitted, and chess and back walking, in the night, a few steps before 
 
gammon. No betting was permitted, and you, could you tell which is which at 
 
drinking prohibited. By a rule of the night? A. If it was so dark that I could 
 
club, no spirits were allowed to be brought not distinguish their carriage, their step. 
 
into the club-room. 
 
I might not be able to distinguish them. 
 
Q. When you speak of the proposed Q. Did you ever hear a person speak 
 
action in regard of his absence, do you through a mask? A. I have. 
 
refer to the regular evening meetings, or to Q. Is there a change of voice or not? 
 
the monthly business meetings, or to both? A. It does, sir, obstruct the natural tone 
 
A. I refer to all the meetings. 
 
very much. 
 
Q. Did he neglect attending even the Q. Were you ever at a masquerade ball? 
 
monthly meetings? A. Very often. 
 
A. The only masquerade party I ever at 
 
Q. What is the character of Mr. Chip- tended was at Mr. Chipley's house last 
 
ley in Columbus? A. He is regarded as winter. 
 
one of the best citizens; his character is Q. Was that a fashionable party? A. 
 
unexceptional, unimpeachable. 
 
It was not a ball, sir, but a collection of 
 
Q. Did you ever hear or know of his his most intimate friends a select party. 
 
being engaged in broils, or difficulties of Q. Ladies and gentlemen? A. Yes, sir. 
 
any sort? A. Never, sir. 
 
Q. Could you recognize any of the par 
 
Q. Do you know of any persons about ties, even your most intimate friends, at that 
 
Columbus of the same size and form of party? A. I could not, sir, and that fact 
 
body as Mr. Chipley? Do you know Mr. created a great deal of merriment on the 
 
Thomas Hogan? A. I do, sir. 
 
occasion. Some of my most intimate 
 
Q. How would he correspond with Mr. friends came to me, and would recognize 
 
Chipley in size of body? A. I think he me, talk with me, and shake hands with 
 
would correspond very closely. 
 
me. I endeavored to scrutinize and ascer 
 
Q. In the night and masked, would you tain who they were, but was unable to rec 
 
undertake to swear as to which was which ognize a solitary individual until they were 
 
between those men if they were masked? unmasked. 
 
Mr. Hogan and Mr. Chipley were masked Q. Were you masked? A. No, sir. 
 
at night, do you think you could possibly Q. When did they remove the covering 
 
tell which was which which was Mr. from their faces before or after supper? 
 
Chipley? A. Do I understand you to ask A. It was before supper, after the dancing 
 
me if their faces were only covered by was concluded. 
 
mask, or do you mean disguised other Q. Do you know the amount of rewards 
 
wise? 
 
that were offered for the {discovery of the 
 
Q. If their faces were covered, I mean, murderers of Ashburn? A. My knowl- 
 
19 
 
 173 
 
MILITARY OUTRAGE IX GEORGIA. 
 
edpre of those rewards was derived alto- } Q. It was then merely presumption 
 
gather from newspapers and what I heard with you that he spent most of the even- 
 
others say. 
 
i ings at home with his family? A. It is 
 
Q. What was the amount of rewards :j presumption with me altogether; he has 
 
published ia the papers? A. The City the character of being a home man, going 
 
Council of Columbus offered a reward of' out but little from home at night. 
 
?500 for the proof of conviction of the Q. Can you not. in an ordinary starlight 
 
assassin. 
 
j night, distinguish readily between your 
 
Q. What was the reward offered by the ; acquaintances when your are near to them? 
 
provisional government? A. That I un-: A. Yes, sir; I might not be able to dis- 
 
derstand to be 82.000 for the conviction of. tinguish all of them, but it is not improb- 
 
the just party. 
 
j able that I would distinguish him. 
 
Cross-examined \>y Judge Advocate. 
 
] 
 
Q. Why distinguish are some acquaintances I 
 
him? would 
 
A. not 
 
There be able 
 
Q. Were you in the habit of attending ' to distinguish by starlight, but those with 
 
regularly at the club of which you have . whom I am more intimate and familiar I 
 
spoken? A. Being president of the c-lub, j would be able to distinguish. 
 
it vras made my duty to be present, and j Q. Then if you could not see the faces 
 
that is the reason I was there regularly. 11 of those persons with whose appearance 
 
attended regularly on the occasion of the j you are familiar, could you not distinguish 
 
monthly meetings, and it was because of j them by their movement, their carriage, 
 
that I resigned the presidency, because it their step? A. Yes, I often distinguish 
 
was not convenient for me to be always on acquaintances by their carriage and step, 
 
hand. 
 
without recognizing their features. 
 
Q. How many evenings in the week did Q. Did you not testify that you could 
 
you usually spend at the club? A. I recognize Bedell, the prisoner, by the sound 
 
can not say how often, because I was not of his foot-step? A. Yes, sir. 
 
very regular, except at the monthly meet Q. Could you not recognize other ac 
 
ings: sometimes two or three times a week, quaintances in the same way? A. Those 
 
sometimes oftener, and sometimes not so whose step I am as familiar with as his- 
 
often. 
 
'If the Court will allow me in speaki_ng 
 
Q. How do you happen to know then, j of the masked party, the masks only were 
 
as you were not there often yourself, that \ spoken of, I desire to put in that evidence 
 
Chipley was not there? A. It was gen- that the reason why they could not be re- 
 
erally remarked by members of the club, cognized was not simply because they were 
 
Q. Were the evenings that you did not [ masked, but that they were otherwise dis- 
 
spend at the club-house, spent by you gen- ! guised by fancy costumes. 
 
erally in your own room by evenings I 
 
mean the early hours of the night? A. I Questions ty Mr. Stephens--with permis 
 
spent very few evenings in my own room 
 
sion of the Commission. 
 
until my ordinary bed time. AT &_We you"** the habit of meeting! 
 
Q-fe.?DiAd a^ny ofsirthrefm have voanrfectalicoj 
 
Mr. Chipley when you spent your evenings |^OTildnotineIltj0'n ,-' 
 
elsewhere than at the club-room? A. 
 
Yes. sir. 
 
Question Z>y the Court. 
 
Q. How often in a week did you prob ably meet him, the evenings you spent 
 
Q. What is your occupation? A. I am 
 
elsewhere than at the club? A. For sev- a commission merchant. 
 
eral months I passed immediately by his! The testimony of the witness having 
 
residence to my boarding-house, and met!**6611 read over to him, he was asked by the 
 
him very often on my way to tea and back; saw him at his house, and would frequently 
 
Judge Advocate if he desired to make any corrections: he replied that he did not. 
 
stop and spend a few moments with him. Q. Can you state where he spent the 
 
Questions ~by Mr. Stephens. 
 
balance of the evening after the few mo- CICEBO JOHNSON, witness for the defense 
 
ments you spent with him in the early [ being duly sworn, testifies as follows: 
 
part, going to and returning from tea? A. \ Q. State your name in full? A. Cicero 
 
I can not: I presume with his family. | Johnson. 
 
 3JILITART OUTHAGE IN GEORGIA. 
 
179 
 
Q. What is your age? A. I was twenty- monly do to Mr. Bedell's room; I went 
 
four years on the first day of last July. round there earlier than common as I had 
 
Q. Where do you live? A. In the city woke up earlier than usual. 
 
of Columbus, Georgia. 
 
Q. Did you hear anything up there of 
 
Q. Do you know a gentleman of that Mr. Bedell's being supposed to be one of 
 
place by the name of Columbus C. Bedell? the parties who killed Ashburn by ;: up 
 
A. I do. 
 
there" I mean the house where Ash 
 
Q. Do you see him in the court room? burn was killed? A. Yes. sir. I heard that 
 
A. I do. 
 
some such looking man was seen there as 
 
Q. Can you point him out to the court? Mr. Bedell; that was the talk; they were 
 
A. I can. (Witness points to prisoner talking round when I went up there that 
 
Bedell). 
 
morning. 
 
Q. Were you in his service at any time Q. In going down to Mr. Bedell's room 
 
in the early part of this year? A. I was. did you have any motive to satisfy your 
 
Q. At what time? A. I had been in self whether it was so or not? A. Well, 
 
his service about a year up to the time he I remarked to some people who were stand 
 
left Columbus was arrested. 
 
ing round there talking that I waited on 
 
Q. What was the character of your ser him in his room, and if there was anything 
 
vice? A. I attended his room. 
 
of it perhaps I could see something by go 
 
Q. Where was his room? A. On Broad ing there. 
 
street. 
 
Q. What time did you go to his room? 
 
- Q. What building? A. The building A. It was about sunrise. 
 
called McGehee building. 
 
Q. What state of things did you find 
 
Questions by Defense. 
 
when you got there? Was Mr. Bedell in his room? Tell the Court what you found. 
 
Q. Were you attending his room at the A. Yes, sir; I found him in his room in 
 
time of the death of Mr. Ashburn I mean bed; I found him in his room as I usually 
 
during that week, at that time of the found him every morning. 
 
month? A. I was. 
 
Q. Was he asleep or awake? ji. He 
 
Q. What were your usual habits of busi was asleep, I would suppose; I found him 
 
ness in attending to his room. How did as I usually found him every morning. 
 
you attend to it? A. In making up beds, Q. Did you satisfy yourself that he was 
 
making fires, bringing water, cleaning boots. not there, and if so state the facts? A. 
 
Q. What time of the day did you this? Well, when I went into his room and 
 
A. I went there of evenings after I knocked looked round I thought to myself it was a 
 
off work; I usually knocked off work at mistake about his being there; I could not 
 
six o'clock; at that time I used to go there see any thing to give me any evidence to 
 
in the morning just before I went to work. think he was there, because I could not 
 
Q. What other work were you engaged see any sign or any thing of the kind; but 
 
in what other business? A. Gin carpen I found everything as usual, as I generally 
 
ter. 
 
found it his clothes and everything and 
 
Q. Did you attend to Mr. Bedell's room for that reason I thought it must have 
 
the evening of the death of Ashburn been a mistake. 
 
that night? A. I did. 
 
Q. Was there any other reason besides 
 
Q. Did you attend the morning after the the position of his clothes and other things 
 
death of Ashburn? A. I did. 
 
upon his table? A. Yes, sir; every thing 
 
Q. Did you attend earlier that morning was on the table just as I left it that night; 
 
than usual or not? A. Yes. sir, I was I could not discover any thing at all changed. 
 
there a little earlier that morning. 
 
Q. What things do you speak of? How 
 
Q. Please state to the court why you did you leave them? A. I speak of his 
 
went there earlier than usual, and what you books, his lamp, his papers, his pistol, and 
 
noticed on going to his room? A. My his two goblets, that set on the table. 
 
reason was that I awoke that morning a Q. Do you recollect distinctly how you 
 
little earlier than I generally get up; I left that pistol when you arranged the table 
 
woke up and I was told that Col. Ashburn the evening before? A. I do. 
 
was dead; I went round, and when I got Q. Was it or not just exactly as you left 
 
where he was dead at, I stayed a few minutes it? A. Yes, sir; it was lying just, as I.left 
 
and then I went round earlier than I com it. 
 
 180 
 
MLITAST OTJTEAGE ES GEORGIA. 
 
Q. Did you say any thing to Mr. Bedell, 11 light the lamp every night and leave it 
 
while you were there in his room, about I burning, turning it down very low. 
 
the death of Ashburn? A. Yes. sir; after j Q. Did you observe whether the oil had 
 
I got through with his room, my usual } burned low that night? A. No, sir. 
 
business. I woke him up and told him that Q. It was about sunrise when you first 
 
Colonel Ashburn was dead. 
 
went into his room, was it? A. Yes, sir. 
 
Q. What did he say? A. He said it Q. Was it before or after sunrise, do 
 
could not be impossible. 
 
j you think? A. It was about sunrise. 
 
Q. What else did he say? Did he make ! Q. You found Mr. Bedell apparently 
 
any other remarks? A. He said it was a ' asleep? A. Yes, sir, I found him asleep. 
 
very bad piece of business ; it could make ! He appeared to be as I usually found him. 
 
it only worse for the city. 
 
: Q. How long did you remain in his 
 
Q. Did you tell him then of what you ! room? A. I could not say exactly the 
 
had heard of his being connected with it? time, for I did not notice the clock when I 
 
A. No. sir: I did not. 
 
j went in to see what time it was. nor when 
 
Q. Why didn't you ? A. Because I i I came out; but I remained there long 
 
didn't know whether it was so or not. and j enough to attend to my business as I 
 
I did not like to have any thing to say to usually did. 
 
him abont it. 
 
Q. How long did it usually take you to 
 
Q. How did you enter the room? A. attend to your business in that room? A. 
 
I hare a key and he has a key. 
 
I could not say positively, for I never 
 
Q. Are there any other keys? Where timed myself. 
 
does Mr. Bedell keep his bank key? A. Q. You have some idea of how long it 
 
I find it on the table of mornings when I took you, for you have some idea of time? A. 
 
go in there. 
 
I could not say positively what time it was. 
 
Q. How far is the table from his bed? Q. Did it take you an hour? Did it 
 
A. It is about four feet from the foot of ' usually take you an hour to atttend to 
 
his bed. 
 
your ordinary duties in his room in the 
 
Q. Was the bank key in the usual mornings? A. I do not suppose it took 
 
place? A. I disremember now whether I me an hour, but I could not say exactly 
 
saw the bank key that morning or not. what time. 
 
Q. Was the pistol in the usual place? Q. Did it take you a half an hour? A. 
 
A. Yes, sir. 
 
Well, I would suppose it was somewhere 
 
Q. I believe you have stated you had i along about that time; sometimes it takes 
 
arranged the pistol the evening before; i me a little longer than common. I don't 
 
put the pistol down the evening before on I hurry so much sometimes as I do at others; 
 
cleaning off the table. Am I correct in ! sometimes I am a little late when I come. 
 
stating that? A. Yes. sir. 
 
I Q. How was it that particular morning 
 
Q. Did you examine the pistol before did you get through your work sooner 
 
you woke him up? A. Yes, sir; I picked ! than usual, or were you longer about it? 
 
it up and looked at it. 
 
I A. Well, I could not say I do not 
 
Q. Did you examine it to see if it had i remember whether I was longer or not that 
 
been reeently;shotoff? A. Yes, sir; there ! morning, because there was a great deal of 
 
was no load shot out of it at all. 
 
j excitement then. 
 
Q. Did you examine his bowl of water? j Q. Had you finished your work before 
 
A. I washed his bowl out that morning, as you woke up Bedell? A. I had. 
 
I usually do. 
 
Q. How long did you remain there 
 
Q. Did you see any colored water, after you woke him up? A. I do not 
 
smutty water, or any thing of that kind suppose that I was ia there over five or six 
 
about it? A. No, sir, I did not. 
 
minutes after I woke him up. 
 
Q. Did you at any time that morning, Q. Had he arisen from his bed before 
 
or at any other time, see a waste of any you left? A. No, sir. 
 
sort in Mr. Bedell's room? A. No, sir. I Q. He was still in bed when you left 
 
did not. 
 
the room? A. Yes, sir. 
 
Cross-examined 1>y Judge Advocate. 
 
Q. Did he seem to be sick? A. I do not know whether he was or not; he 
 
Q. Did you observe whether the lamp didn't say anything to me that morning 
 
had been lighted the night previous? A. about being sick. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
181 
 
Q. Do you know how long it usually Q. You say that you went in and out 
 
takes Mr. Bedell, after he gets up, to dress twice during the performances of your 
 
himself and make ready for the day's duties that morning. Where did you go 
 
duties? A. No, sir, I did not I never to the other time? A. I went to the cis 
 
was in there when he dressed himself to tern to get a bucket of water 
 
go out. 
 
Q. In going to the cistern after a 
 
Q. Did you unlock the door that morn bucket of water did you pass Mr. Ellis' 
 
ing when you went in, or was it unlocked room? A. I did not. 
 
when you went to it? A. I unlocked the Q. But each time that you went out you 
 
door. 
 
opened and shut the door, didn't you? A. 
 
Q. Did it make any noise when you un I only pulled the door to when I was pass 
 
locked it? A. Yes, sir. 
 
ing out; after I unlocked it I closed it. 
 
Q. Pretty loud noise? A. It makes Q. How many times did you open and 
 
only a tolerable noise. It is a spring lock, close the door that morning? A. I opened 
 
and you have heard about what noise that it when I went out to throw out some slop- 
 
makes. 
 
water. 
 
Q. Would it make noise enough for a Q. That is once. A, When I opened 
 
person in the next room the room of Mr. the door to throw out some slop-water of 
 
Ellis to hear it, do you think? A. If he course I was compelled to shut it after me. 
 
were awake it would. 
 
Q. Exactly, that is opening and shutting 
 
Q. Would ifc wake him up, do you it at once. A. When I went after the 
 
think, if he were asleep? A. I think not, bucket of water to the cistern I did the 
 
without he is a very easy waker. 
 
same. 
 
Q. How did you go to that room did you Q. That is twice. A. When I first 
 
walk heavily or lightly, as you went about went into his room that morning I unlocked 
 
your work there? A. I walked as heavily the door and pushed it to after me. 
 
as I usually walk; I naturally walk Q. That is three times. Now how did 
 
heavily. 
 
you get out when you left there? A. Of 
 
Q. Did you not, while you were at your course I had to open the door, and coming- 
 
work that morning, have occasion to go out pull it to after me. 
 
out and return before you completed your Q. That is four times you had to shut 
 
work? A. I did. 
 
and open the door that morning, wasn't 
 
Q. How many times? A. Twice. 
 
it? A. Yes, sir, that would be four 
 
Q. You went out of the room and re times. 
 
turned to it twice that morning? A. I did. Q. Did you lock it the last time you 
 
Q. Did you shut the door after you came out? A. No, sir, I never locked it 
 
each time you went out? A. No, sir, I when I came out and he was in there. 
 
only pulled it as I usually do. 
 
Q. Did you see Mr. Ellis when you 
 
Q. You shut the door without locking first went to Mr. Bedell's room? A. No, 
 
it each time then, as I understand? A. sir, I did not. 
 
Yes, sir, just pulled it to. 
 
Q. Did Mr. Ellis know that you were 
 
Q. At what time did Mr. Bedell usually in Mr. Bedell's room that morning? A. 
 
go to his breakfast? Do you know? A. That is more than I am able to say. 
 
No, sir, I do not know his breakfast hour. Q. Did you see him that morning? A. 
 
Q. Do you know whether he went to I did not. 
 
his breakfast at all that morning? A. No, Q. Do you know how and when the 
 
sir, I don't. 
 
prisoner Bedell first learned that he was 
 
Q. Did you pass Mr. Ellis' room as you suspected of connection with the assassina 
 
went in and out of Bedell's room on tion of Ashburn? A. No, sir. 
 
business that morning? A. Yes. sir. Q. How many times did you pass his Questions by Mr. Stephens, (withpermission 
 
door? A. I passed it going and coming. 
 
of the Commission?) 
 
Q. That was four times wasn't it? A. 
 
That was twice; I passed it to go to throw Q. In pulling the door to. the latch, 
 
out the slop-water at the back end of the does it make as much noise as unlocking it 
 
house and passed it coming back. 
 
or closing it? A. Closing it would make 
 
Q. Did you go out the back way but twice the noise I suppose, for it is a spring 
 
once that morning? A. Once, only. 
 
lock. 
 
 182 
 
MILITARY OUTRAGE IN GEORGIA. 
 
Questions by the Judge Advocate. (icitJi per 
 
mission of the Commission?) 
 
Q. Could not the door be left nearly closed without shutting it tight? A. Yes, 
 
sir. 
 
Q. Could you not be using the key in closing the door so as to let the bolt come 
 
in slowly. lock it from the outside without 
 
making much, noise from the movement of the lock. A. Xo; sir. I think not. 
 
Q. What makes you think not? A. 
 
My was 
 
reasons made 
 
for thinki,ng-,not very hard, the 
 
aspreri. bnegcaul, oseck, i-t1 
 
session? A. I never knew him to have bat 
 
one during the time I waited upon him. 
 
Q. Does he keep a pistol or revolver at 
 
the bank? A. I am not able to say. 
 
Q. Are you certain the pistol had not 
 
been discharged and reloaded? A. Yes, 
 
sir, I am certain of that, because I picked 
 
it up and looked at it. I did so for the 
 
reason that I heard that such a looking man 
 
as him was seen there, and the first thing 
 
that popped into my mind, was that if there 
 
was any thing of it, I could tell something 
 
bmy ; 
 
loloakeeindgoartatnhyetHpnisgtoolf 
 
the the 
 
pistol kind. 
 
being 
 
work many times I thought I had fastened Q Wag tbe '' istol &1 k t Ioaded? 
 
the door when on going back and trying ^ j have never known it to be any other 
 
it I found it was un oeked. 
 
I dur; the who]e time j waited on him _ 
 
. ?- T?* coud ,^ut *e door then en- The ^ ^ rather ^ r(mnd ^^ 
 
tirelv without locking itf A. Alow me i(. wag loaded it had ^ ]ying on one 
 
to show you the way (witness illustrates ]ace and was a ]ittle rust j do notthink 
 
his meaning by means ot a lock on a door I it had been sbot off the whole time j 
 
ot the room.) 
 
waited on him. I used to have it in my 
 
Q. Has the door of Mr. Bedell's room no fastening bat the bolt of the lock? A. The lock on Mr. Bedell's door is a spring lock and it has a fastening on the inside, and when it is fastened on the inside, of course you can not get it open from the outside, because there is a catch that comes down when the opening goes in and shuts 
the door. W\\ hen that catch comes adown 
 
i jI 
 
hand almost every morning. Q. Was it your business to load and to 
keep the pistol in order? A. It was not. Q. Where was the ammunition for the 
pistol kept? A. I never saw any at all. Q. Was the pistol always kept in the 
same place? A. It was. OQ Qth.eWtaabs]ei?t inAa Bholwstaesr,niankeadcaQsen,tohrentaaWked 
 
irom that spring., of course you can not th fo of a book. 
 
open the door. * - ?'_ , IS- , t. ht,. ^. o. f/,^.d.o.or 
 
connected. : 
 
MrV QSB.. eCWdCaIenUlrnijsw outrotHho1& embVVob.LleUt 
 
eoViaf. utI.fh^fLeh^ tsut^pyJorLi^nUag^s 
 
l1no\Jo\cJtDk. 
 
toUoJfl 
 
wsniomitQhkp.nlytohIbttehtehkoanbsiotob.nltoofooftthhteehredfoalosort?ecnkinAtgh.ethTebhnoeltrtheaoinsf!] ,ctsilaninpgobtuehta?ftixAcea.dtYcsheosd,thosiwart,ntthhaees 
 
spring lock,by put I have before said, bolt can not spring 
 
the lock and that catch that works? A. 11 msspparrdiinneg-alomcikstaakbeovtehetrhee: ibt oilst.opeInteids baybtohlet ] the same as on this door here, but the spring is above that. 
Q. You could not then move the knob 
without the use of the key? Is that the way of it? A. JS"o, sir. you could not unlock it by working this knob without 
using the key. Q. And if you did not choose to lock it, 
you could fasten the door just as you fasten 
 
", 
 
On? A- 
 
wwIThcaaot uPpld?arsthoowf tyhoeeuPpvilsestrooyl 
 
ewwaaaa?slT y 
 
if 
 
I had one. It is on the part where the 
 
cartridge enters into the barrel. 
 
Q. Can, you always tell that a pistol has 
 
not been discharged by looking at it, and 
 
that it has not been reloaded? A. Yes, 
 
sir, I can tell when it has not been dis 
 
charged and reloaded when it has been ly 
 
ing a long time, but if it has often been 
 
reloaded I could not tell. 
 
the one here without locking it? A. No, 
 
sir. for this reason: the catch, on Mr. Be Questions by Mr. Stephens, (by permission 
 
dell's was taken off from the lock and put 
 
of the Court.') 
 
up alone and used for the spring lock. 
 
Q. Were those white or colored people 
 
Questions by the Court. ' 
 
you heard talking about the murder of Ashburn at the house where he was lying dead; 
 
Q. Do you know how many pistols or and to whom you made the remark you. did 
 
revolvers Mr. Bedell owns or has in his pos- about Mr. Bedell ? A. Colored people. 
 
 MILITARY OUTRAGE IN GEORGIA. 
 
183 
 
The testimony of the witness having and consequent cessation of military author 
 
been read over to him, he was asked by the ity, the Commanding General directs that 
 
Judge Advocate if he had any corrections the Commission, of which you are Presi 
 
to make. He replied that he had not. dent, will suspend all further proceedings 
 
Thereupon the Court adjourned until to in the trial of the prisoners charged with 
 
morrow (Wednesday) morning atten o'clock. the murder of Ashburn. The prisoners, 
 
McPHEESOs BARRACKS, ATLANTA, GA. \ however, will be retained in custody until 10 o'clock A. H., July 22, 1868. / further orders. 
 
The Commission met pursuant to ad journment. 
Present, the same members as yester 
 
Very respectfully, Your obedient servant, 
[Signed.] K C. DRUM, A. A. G. 
 
day, the Judge Advocate and his assistants, The Commission then adjourned until 
 
the prisoners and their counsel. 
 
Friday morning, ten o'clock. 
 
The record of yesterday's proceedings was 
 
read and approved. 
 
McPHBRSON BARBACKS, ATLANTA, GA., \ 
 
The following communication received 
 
10 A. H., July 24, 1868. J 
 
by the President of the Commission from The Commission met pursuant to ad 
 
Major General George G. Meade, command journment. 
 
ing Third Military District, was read by the Present, the same members of the Com 
 
Judge Advocate to the Court: 
 
mission as at the last meeting, and the Judge 
 
HEADQUARTERS THIRD MII.ITAEV DISTRICT, ") Advocate. 
 
(Department of Georgia, Florida and Alabama,) *> Atlanta, Ga., July 21,186S. J 
 
The record of the proceedings of the last 
 
Bvr. BBIG. GEN. C. C. SIBLEY, U. S. A., 
 
meeting was read and approved. 
 
President of Military Commission. 
 
The Judge Advocate announced to the 
 
GENERAL In view of the action of the Commission that he had no further business 
 
Legislature to-day, and the probable imme to bring before them, and thereupon the 
 
diate admission of the State of Georgia, the Commission adjourned sine die. 
 
  APPENDIX. 
 
From the Columbus (Ga.) Sun, April 12, 1868. ished, it is hoped this may be accomplished 
 
COLUMBUS, April 7, 1868. without any serious inconvenience to the 
 
General William Dunn: 
 
innocent. 
 
DEAR SIR I represent Mr. Chipley, Major Smythe, of this office, is now in 
 
Dr. Kirksey, William and Columbus Be Columbus, and I suggest that you confer 
 
dell, and some others who have been ar with him fully and freely. 
 
rested, they know not upon what charge, but suppose that informatiou may have 
 
Your ob't serv't, 
WM. DUNN. 
 
been given at headquarters charging them 
 
with complicity in the brutal (and, for our 
 
GEORGIA, 
 
town, unfortunate) assassination of George MUSCOOEE COUNTY, 
 
W. Ashburn. 
 
Know all men by these presents that we, 
 
In this, as in all cases of gross outrage, whose names are hereunder signed, are 
 
the innocent are apt to sufler for the held and bound unto Gen'1 Geo. G. Meade, 
 
wrongs of the guilty. The gentlemen or his successor in office, in the penal sum 
 
whom I have named are above suspicion as of fifty thousand dollars, for the payment 
 
being in any way connected with the whereof well and truly to be made tto the 
 
transaction; several of them are men of said Gen'1 Geo. G. Meade, or his successor 
 
family, and if public justice can be satis in office, we hereby bind ourselves, our 
 
fied, as I trust it can, by an examination heirs, executors and administrators, firmly 
 
here without taking them from their fam by these presents. 
 
ilies, it is very desirable that it should be Witness our hands and seals, this 10th 
 
done. 
 
day of April, 1868. 
 
An examination, I am sure, would ac The condition of the above obligation is 
 
quit them of any participation in the as such that, whereas, Gen'1 Geo. G. Meade 
 
sassination. They can give any lands that has arrested and confined Wm. E. Bedell, 
 
may be required for their appearance, and Christopher C. Bedell, Jas. W. Barber, 
 
if you can influence this matter, I hope Alva C. Roper, Wm. L. Cash, Wm. D. 
 
you will consider it advisable to allow these Chipley, Rob't A. Ennis, Elisha J. Kirk 
 
gentlemen to be bailed, until such time as sey, Thos. W. Grimes, Wade H. Stevens, 
 
their appearance may be required. 
 
John Wells (col'd), John Stapler (col'd), 
 
Tour ob't serv't, 
 
and James McHenry (col'd), who have 
 
R. J. MOSES. this day been released by order of Gen'1 
 
To Gen. Win. Dunn, Advocate General. Geo. G. Meade, on condition that they 
 
would each give security, in the sum of 
 
HEADQUARTERS THIRD MILITAKT DISTBICT, ") Departmant of Georgia, Florida, and Alabama, iOfflce of Judge Advocate, Atlanta, Ga., April 9,1SSS.J 
 
twenty-five hundred dollars, that they would each report and appear before the 
 
Major B. J. Moses, Colttmbzes, Ga: 
 
military authorities of the United States, 
 
DEAR SIR Yours of the 7th inst. was at such time and place as the commanding 
 
received this morning. 
 
officer of the Third Military District may 
 
I am directed by Gen. Meade to reply direct. Now, then, if any of the said 
 
that he does not deem it advisable to in parties, so released, shall fail to appear and 
 
terfere with the action of Capt. Mills. 
 
report to the military authorities of the 
 
While there is a determination here that United States, at such time and place as 
 
the parties who murdered Mr. Ashburn the commanding officer of the Third Mili 
 
shall, if possible, be arrested and pun tary District may direct, and the parties 
 
20 
 
 186 
 
APPENDIX. 
 
to this bond shall pay the sum of twenty- [ Geo E Flourney 
 
W H Crane 
 
five hundred dollars for each and 
of said persons so released who to appear and report as aforesaid, 
 
erery may then 
 
one fail this 
 
i ; 
 
A M Brannan 
H Middlebrook J N Ramsay 
C E Russell 
 
AT S Lloyd L D Lester G M Williams N J Bussey 
 
hoed to be null and void: else, to remain T Markham 
 
G B Young 
 
in full force and virtue. 
 
Sam Meyer 
 
ATm M Snow- 
 
Witnessed by 
 
R. J. MOSES. Notary Public. 
 
S AT McMichael R C Roper S E Lawhon 
 
TV P Eamsay Joe Norris (col) Jack Brooks (col) 
 
Christopher C Bedell J E Deaton 
 
Aaron Hurt (col) R TV Milford 
 
Elisha J Kirksey Wm Fee 
 
G Delaunay 
 
R Hugh Nesbit 
 
Thos AY Grimes, jr Aug Davis 
 
J L Dozier 
 
J T Daniel 
 
TTm. Dudley CMpley J ASeek 
 
J D Stewart 
 
J B Stewart 
 
ATm R Bedell 
 
E Kurniker 
 
J Chaffin 
 
J G Thweatt 
 
Alva C Roper 
 
Jacob Greenwood 
 
J G DeVotie 
 
A J Welch 
 
Robt A Ennis 
 
J H DeVotie 
 
AT C Coart 
 
T C Carmichael 
 
Jas V? Barber 
 
A Pond 
 
E AT Terry 
 
Jno W Murphey 
 
Trash H Stephens AY K Wright 
 
T F Ridenhonr 
 
Thos Sweet 
 
W L Cash " 
 
C G Holmes 
 
L P Aenchbacker 0 C Howe 
 
John TV ells (col) 
 
Mont J Moses 
 
F G ATilkins 
 
H Moseley 
 
John Stapler (col) J T Coleman 
 
M Joseph 
 
Alfred Holmes (col) 
 
Jas McHeurj (col) C E Booher 
 
R AT Milford 
 
Van Marcus 
 
E J Hoses 
 
G Landon 
 
E V DeGraffenreid Eichard Scott (col) 
 
James M Smith 
 
E AT Chandler 
 
N N Curtis 
 
Jas Kivlin 
 
Lloyd G Bowers 
 
J W TTilliams 
 
H J Thornton 
 
D L Booher 
 
ATm A Bedell 
 
T T Moore 
 
IT L Redd 
 
D F Grant 
 
Eobt A ATare 
 
AT H Perry 
 
Jno Mcllhenny 
 
J L Dunham 
 
J Ennis 
 
ATm F Hall 
 
Thos AT Grimes 
 
C C Cody 
 
L M Biggers 
 
J T Blouut 
 
AT TV Garrard 
 
W A Barden 
 
John Munn 
 
AVm C Cherry 
 
R J Moses jr 
 
T S Fontaine 
 
Georse G Eitcker Jas A Cody 
 
Adolphus A Coleman A A Dozier 
 
E F Sankey 
 
J H Sikes 
 
Jno Johnson 
 
W P Turner 
 
Thos Gilbert 
 
S M Dixon 
 
M M Moore 
 
AT L Tillman 
 
Alrah Trowbridge John Swed 
 
H H Starr 
 
A G Bedell 
 
AVm X Jones 
 
John King 
 
AT H Young 
 
J J Clapp 
 
J T Lokey 
 
S H Hill 
 
Ben May 
 
Thomas, Redd&Hatcher 
 
AT M Jepson 
 
Jos F Pou 
 
J F Bozeman 
 
R M Gunby 
 
AT S Freeman 
 
AT J Chaffiu 
 
B F Malone 
 
Jno E Bacon 
 
Juo X Barnett 
 
AT K Banks 
 
F C Johnson 
 
A C Flewellen 
 
Thos G Pond 
 
ATm Mehaffy 
 
S A Billing 
 
Thos Harris 
 
Geo AT Dillingham J M Hughes 
 
T J DeVore 
 
C S Harrison 
 
Chas T Crowder 
 
Jno Cargill 
 
L I Harvey 
 
Jno W King 
 
. 
 
J AT H Eamsay 
 
Eobt AT Ledsinger 0 M Stone 
 
R B Loekhart 
 
J AT Barden 
 
E C Pierce 
 
Cliff B Grimes 
 
J J Bradford 
 
J T Colbert 
 
R AT Coleman 
 
Jas E Roper 
 
Henry McCauley 
 
ATash Eoberis 
 
J A McXeil 
 
ATm Perry 
 
Jos Kyle 
 
Moses Bell 
 
J M Bussey 
 
L Harris 
 
Thos Ragland 
 
Milton Martin 
 
J A McNeil 
 
Peter Preer 
 
AV AT Flewellen 
 
F M Brooks 
 
Jno Fitzgibbons 
 
F Reich 
 
Jno Quin 
 
G AT Gafibrd 
 
F AT Acee 
 
R M Gunby 
 
E F Colzey 
 
31 Connor & Co 
 
EM Gray 
 
Ales Stanford (col) Wm B Hudson 
 
Tbos S Young 
 
Thos J Chaffin 
 
J A Corbally 
 
C T Johnson 
 
ATm J ATatt 
 
Oscar Lee 
 
Jno A Frazer 
 
F Meyer 
 
Jas Meeler 
 
Henry C Pope 
 
Eobt B McKay 
 
A G Kedd 
 
J G Burrus 
 
Sam Cherry 
 
J P Illges 
 
Toney Fuller (col) 
 
B B Fontaine 
 
P H Alston 
 
F M Thomas 
 
Thos Ehodes (col) 
 
G AT Eadeliff 
 
F K Donnelly 
 
H M Jeter 
 
Chas Gwinnett (col) 
 
J S Pemberton 
 
J AT Pease 
 
Milo Booher 
 
D F AVilcox 
 
C B Taliaferro 
 
John McCarthy 
 
A W Alien 
 
Jas Britton 
 
C A Klink 
 
Jas K Bedd 
 
Jno Peabpdy 
 
F Landon 
 
D B Thompson 
 
Lawrence Eooney 
 
AT H Brannon 
 
E A Fisher 
 
F S Chapman 
 
T J Word 
 
W H ATells 
 
J W Brooks 
 
F J Abbott 
 
C E Johnson 
 
G J Peacock 
 
L G Schuessler 
 
J AT Eyan 
 
Zac Mayo 
 
Chas J. Moffett 
 
Wm Snow 
 
AT H Jackson 
 
J E Clapp 
 
Jeff Taylor (col) Chas E Estes 
 
J L Musiian 
 
A F Johnson 
 
Sydney Smith (col) ATm H Robarts 
 
A V Boatrite 
 
AT B Jones 
 
Elb Cunningham (col)L P Warner 
 
E S Swift 
 
O C Dibble 
 
Willey Milburn (col) Jno L Hogan 
 
P A Clayton 
 
M D Hood 
 
M Woodruff 
 
Perry Spencer 
 
 APPENDIX. 
 
187 
 
Dav Armstrong (col) Arch Crane 
 
Wm Lane (col) 
 
Jas J Sln.de 
 
Chas A Green 
 
Jno Johnson 
 
N Rosenthal 
 
G W L Mathis 
 
R J Hunter 
 
Jno McDuffie 
 
G E Andrews 
 
0 S Acee 
 
Homer M Howard V H Taliaferro 
 
L Meyer 
 
E E Yonge 
 
COLUMBUS, GA.. April 10, 1868. 
 
B H Crawford 
 
C Northrup jr 
 
CAPT. WM. MILLS 
 
A M Alien C D McGehee J H Whittlesey 
W H Chambers E C Jones 
 
J A Sellers D Wolfson N Crown 
J A Kiryin A Illges 
 
Dear Sir: I would have returned the bond sooner, but the citizens of Columbus, confident of the innocence of the parties in confinement of any offense against either 
 
Reese Crawford J H Bramhall Wm Munday 
T M Barnard Oliver Cromwell Frank Gunby 
 
E G Stewart Jno D W Rindenhour W R Kent 
S B Papy B A Thornton D P Ellis 
 
the civil or military authorities, insist on going on the bond, as an assurance to the parties arrested that they have the entire confidence of their fellow-citizens, and are above any well-founded suspicion of crim 
 
W K Barnard R G Mitchell T W Bradley . G W Bates 
Chas Rogers 
 
W C Gray R B Murdock R Carter J J McKendree 
Jery Reed (col) 
 
inal conduct. It is with difficulty that I am enabled to close the signatures, even at this point. 
With thanks for your courtesy in my 
 
S B Cleghorn 
 
W Fleming 
 
intercourse with you in this unpleasant 
 
Francis H Ellis Seaborn Benning W B Langdon 
L Gutowsky 
 
T S Spear Geo Hargraves I Joseph 
J A Bradford 
 
business, I remain, 
Your obedient servant, R. J. MOSES, 
 
J D Johnston 
 
B H Mathis 
 
A Gammel 
 
W A Drufas 
 
From the Congressional Globe. 
 
J S Roper WJPike D E Williams 
Dr E B Schley Hal Mitchel (col) 
 
J L Howell LFWatkins J D Clarke 
W C Bellamy E Barnard 
 
MR. BECK. I submit the following pre amble and resolution: 
The Clerk read as follows: "Whereas, it is asserted by William D. 
 
C Shepperson 
 
L R Hoopes 
 
Chipley and others, citizens and residents 
 
Thos Chapman J S Acee 
Geo P Swift Wm L Matthews J C Andrews 
 
3 F Iverson J J Grant 
A C McGehee Carlisle Terry C T Holmes 
 
of Columbus, Georgia, that they have been arrested and imprisoned without cause by order of General Meade, commanding the third military district, and that the cause 
 
Wm L Afflict 
 
R B Murdock, jr 
 
of their arrest and imprisonment has been 
 
Wm H Mims Chas E Dexter Wm E Pond 
J H Smith W Rynehard W L Salisbury 
 
H H Epping G H Betz J A Morgan 
S B Warnock J J Whittle J B Collier 
 
withheld and refused, as shown by the fol lowing letter:" 
"OFFICE OF BI.OUXT & CHIPLEY, Grocery and Commission Merchants, 
Columbus, Ga., May 18, 1868. 
 
R M Norman 
C H Law 
J T Langford W L Robinson J F Burrus 
 
J W Barden 
Arthur Ingmire 
Jas A Bacon Jno W Aven R H England 
 
"Dear Sir: I may be presuming in troubling you with the facts which I will herein relate, and if so, can only ofier our utter want of representation as my apology; 
 
T A Cantrell 
 
D W Champagne 
 
and yet it may be that you will think that 
 
Robt Knowles J L Morton . Ihos Names B T McKee Wm A James 
 
Jno F Howard H W Blair Jno H Connor 
E G Woolfolk R H Estes 
 
outrages concern every citizen of the coun try whether he lives North or South. As long as such can be committed with im punity, no man can feel safe. It will not 
 
J E King 
J J Wood W H Williams 
J B Hogue J Kurniker Jno Foran 
 
C H Jones 
 
do for one to expect his character to 
 
Barney Hawkins (col) protect him from such attacks, for virtue is 
 
Jas Aven Jno A Johnson Jno R Ivey 
 
the favorite target of such marksmen. On the 9th of March, ten white citizens of 
 
Wm Stringfield 
 
this place, and three colored, were arrested 
 
W C Hodges 
 
Jas E Cargill 
 
by order of one Capt. Mills, commanding 
 
Sandy Alexander (col)P E Bedell 
 
D Y Ridenhour 
 
D. F Cargill 
 
F McArdle 
 
Francis Fontaine 
 
Rich'd Porter (col) E S Roberts 
 
Wm Pane (col) 
 
M Pleasant 
 
this post, and placed in confinement at the court-house, where they were detained under guard until dusk on the evening of the 13th ultimo. At the expiration of 
 
 188 
 
APPENDIX. 
 
that time we were released under bond, the DR. CHIPLET'S PETITION TO CON 
 
amount and conditions of which are fully 
 
GRESS. 
 
stated in the printed slips which I inclose. From these clippings jou will find that I was numbered among the prisoners. Were 
 
To the Honorable Senate and House of Rep resentatives of the United States: 
 
I writing to a stranger it might be proper Tour petitioner, Wm. S. Chipley, respeet- 
 
to offer some testimonial of character, but fully states that he is a citizen of the United 
 
you have known me from my earliest States, and a resident of the city of Lexing- 
 
youth, and on that fact I rest my ease. ton, in the State of Kentucky; that he is the 
 
3Iy companions in this arrest, so far as my father of Wm. Dudley Chipley, a citizen of 
 
personal knowledge goes, are as far above Columbus, Georgia, who has been arrested 
 
the suspicion of any implication in. crime and imprisoned by order of the military au 
 
as any citizen in this or any other commu thorities of the United States, without cause 
 
nity. What I want is to arrive at the and in disregard of the provisions of the 
 
cause of my arrest. During the arrest, Constitution of the United States, and carried 
 
nor upon our release under bond, could we out of the district in which any ofFense 
 
obtain any information concerning the evi charged against him was committed, to At 
 
dence which led to our incarceration. It lanta, Georgia, some two hundred miles 
 
was entirely ex parte, and no clue to its distant from his home, and is now confined 
 
character or the names of our accusers has there in a cell which is wholly unfit for the 
 
been given us. If you consider it proper, confinement, even as punishment, of a 
 
I would like for you to offer a resolution criminal. He is denied the privilege of 
 
calling for the facts in the case. Regret seeing or consulting with either his family, 
 
ting the circumstances which force me to his friends, or his counsel, and deprived of 
 
trouble you in this matter. 
 
all information as to the nature of the 
 
I remain, sir, 
 
charge against him, without power to sum 
 
Tours very truly, 
 
mon or procure the attendance of witnesses 
 
W. D. CHEPLEY. in his defense. In short, he is utterly at 
 
the mercy of his persecutors, and deprived 
 
of every right which the Constitution and 
 
During the reading of the preamble and laws secure to the citizen. He is not, and 
 
resolution, 
 
has not been, either in the naval or military 
 
MR. DEIGGS said: Mr. Speaker, I rise service of the United States. He is a com 
 
to a question, of order. 
 
mission merchant in "Columbus, a married 
 
THE SPEAKER pro tempore (Mr. Ash- man, and a good citizen, as all who know 
 
ley, of Ohio, in the Chair.) The gentle him will testify. Tour petitioner does not 
 
man will state his point of order. 
 
know certainly what the charges against 
 
MB. DEIGGS. I understand that debate his son are, and can only surmise, from 
 
is not in order on this resolution, and that the statements of discharged negro wit 
 
being so, I wish to ask whether it is in nesses, who were arrested, confined, and 
 
order for the gentleman to make an argu examined touching his connection there 
 
ment in favor of the resolution in the pre with, that he is imprisoned for complicity 
 
amble with no opportunity on our part to in the murder of one G. W. Ashburn, who 
 
reply to it. 
 
was killed in a house of ill-fame kept by 
 
THE SPEAKER, pro fempore. It is in a negress, in Columbus, on the night of the 
 
order to recite papers as part of the reso 31st of March, 1868. These negroes, 
 
lution. 
 
since their release, have voluntarily given 
 
The reading of the preamble and resolu affidavits as to the mode of examination re 
 
tion was then concluded. 
 
sorted to the torture, starvation, and 
 
ME. BECK. I demand the previous threats against their liberty and lives, to 
 
question. 
 
which they were subjected in order to ex 
 
THE SPEAKER. Resolutions calling for tort false testimony against his son and 
 
executive information, under the rules, others, which affidavits are filed herewith, 
 
must lie over for one day unless there be and made part hereof as fully as is copied 
 
unanimous consent. 
 
verbatim herein. 
 
ME. KELLEY and ME. UPSON objected. Comment on the facts stated in said 
 
So the preamble and resolution were affidavits is unnecessary indeed, can only 
 
laid over. 
 
be fitly made under the right of discussion 
 
 APPENDIX. 
 
189 
 
in your honorable bodies. Your petitioner the haunts of men, they would recoil with 
 
will not venture to make any. The enor horror at the relation of the atrocities perpe 
 
mous rewards over 25,000 offered for trated upon free born citizens in District III. 
 
the conviction of some person or persons Gregory thought his Bishops too indul 
 
as the murderers of Ashburn, have induced gent, and gave to the Dominicans the di 
 
spies, informers, detectives, and suborners rection of the inquisition. Grant, in 1868, 
 
of ignorant and corrupt witnesses to embark concludes that his soldiery is too indul 
 
in the scheme of procuring conviction, and gent, and to a set of spies, pimps and de 
 
with the military assistance afforded them, tectives transfers the offices of infamy and 
 
probably by arrangement for division of the responsibility of torture. 
 
the spoils, it will be wonderful if they do Atlanta, to-day, has within her limits, a 
 
not buy or coerce some testimony on which bastile wherein tyranny revels and riots in 
 
they can procure a conviction in a military wanton punishment of innocence; prisons 
 
court organized to convict. 
 
where liberty is scoffed and laws are pervert 
 
But whatever means may have been or ed to the tastes of blood-hounds and brutes; 
 
may hereafter be resorted to to procure dungeons whose bars and bolts are proof 
 
conviction, your petitioner, conscious of the 'gainst Magnet, Gharta, and cells that bid de 
 
entire innocence of his son, does not desire fiance to the last appeal for personal liber 
 
to elude or evade, but -on the contrary de ty. 0, what a shame upon civilization! 
 
sires the fullest, freest, and promptest in What a deep, damning blot upon the Amer 
 
vestigation of his conduct, either in regard ican soldier! What a stigma upon the es 
 
to Ashbivn's murder or anything else. cutcheon of "the people's" government! 
 
All he asks is that he be tried before the General Meade, do you know the extent cf 
 
organized courts of the country, in accord the misery inflicted on the inmates of 
 
ance with the principles and rights guaran McPherson prisons? Can it be possible 
 
teed to him by the Constitution and laws that you knowingly permit the inhuman 
 
of the land; that he be treated as a citizen severity there practiced by your subordi 
 
and protected by the presumption of inno nates? You. a brave soldier, a gallant 
 
cence till his guilt is established; that the representative of a proud and powerful 
 
spies, informers, suborners, and perjurers government is history to write you down 
 
who are seeking his life may be required " the tyrant," and transmit your name to 
 
to swear to such facts as they may state posterity blackened with crime and be 
 
before a court competent and willing to smeared with infamy ? We are informed 
 
punish perjury. The courts of the State that you are not the author of these infer 
 
of Georgia and of the United States are nal atrocities; but you are in command, 
 
open and uninterrupted in the district in and can prevent them; and refusing to do 
 
which Columbus, Georgia, is situated, and so, when you have the power, is a crime 
 
impartial justice can be administered there but a grade below that of positive action. 
 
in without sale, denial, or delay. Such a It is said, we know, that the prisoners are 
 
trial can' be obtained through the interven under the control and management of de 
 
tion of your honorable bodies, and your tectives,' and that they, acting under orders 
 
petitioner prays for such orders or resolu from the head of the army, are responsi 
 
tions as will procure it for his son and the ble for the fiendish malignity and racking 
 
other persons similarly charged and im tortures visited upon the victims who have 
 
prisoned. 
 
fallen into their hands. 
 
Very respectfully, your ob't serv't, 
 
It matters not, just now, where the 
 
W. S. CHIPLET. responsibility rests a great crime is being 
 
committed, a burning, blistering shame is 
 
From the Atlanta Constitution THE INQUISITION REVIVED. 
 
fastening itself upon the military of the Third District, and the commanding Gen eral must answer to the country and to his 
 
If Innocent III, who instituted the pun God for the outrage. In the name of hu 
 
ishment of the Albigenses and Waldenses manity, of Christian civilization, of com 
 
in the twelfth century, or Gregory IX who mon sense and common justice, of the pow 
 
in the Council of Tolouse, in 1229, gave er and glory of the American flag, we enter 
 
final form to the inquisition, and committed our solemn protest against the wanton, 
 
to his Bishops the management thereof, wicked, revengeful treatment of the young 
 
could awake from their graves and revisit men confined in the cells of McPherson 
 
 190 
 
APPENDIX. 
 
Barracks. The rack may come, and the | this they still persisted in taking his life, 
 
hari-kari may drink the blood' of the in they must do it. 
 
nocent: but martyrdom is not always the Witness was finally taken back to his 
 
worst alternative in the final catastrophe cell; was left there for some days longer 
 
of libertv. 
 
daring which he was repeatedly interro- 
 
gated and was finally permitted to walk 
 
STATEMEXT OF JOHN FSEEDMAX. MADE JUXE AT COLUMBUS. GA. 
 
WELLS. 11. 1868, 
 
out, and, at length, was allowed the free dom of the fort. This privilege was granted, as he was informed, because the parties examining him believed that he was 
 
I was taken, with the other prisoners ar- innocent, and knew nothing against others. 
 
rested at the same time with myself, to Witness was put to work about the fort. 
 
Fort Pulaski. We were all stripped and The persons who blindfolded witness 
 
examined for weapons and money. All and interrogated him, he understood, were 
 
money was taken from the prisoners, and detectives, perhaps officers in the detective 
 
has not yet been returned so far as I; force. 
 
know: nor has the clothing been given j John Stapler, another prisoner, witness 
 
back to them. Each prisoner was put in- j learned, was put through the same process 
 
to a cell by himself: the cells are four feet! as himself. One of the detectives subse 
 
by six feet, with a very narrow opening quently said to witness that Stapler had 
 
above for ventilation: one vacant cell was told two tales which contradicted each 
 
left between those occupied by prisoners, other. He (Stapler) was finally put into 
 
so that no two prisoners occupied adjoin the "sweat-box," and kept there from Sat 
 
ing cells. Soon after our arrival persons urday morning until Sunday night. Does 
 
apparently in authority inquired, in the not know whether the answers finally ex 
 
hearing of witness. whether "the razors" torted from him were satisfactory to the 
 
were readv to' shave the heads of prison inquisitors or not. Heard, however, that 
 
ers. Being answered affirmatively, witness Stapler stuck to the last tale he told, which, 
 
was blindfolded and taken off to another witness was informed, referred to Barber, 
 
part of the fort: his head was lathered; another prisoner, and amounted to but 
 
two men held him. while others, standing little. 
 
around, prepared to shave his head, and Witness was told that if he divulged 
 
spoke of what was to be done. They drew anything he saw or heard while at Fort 
 
his head back, and in an effort to put him- Pulaski, they would put him in there for 
 
self in a more comfortable position, the five years. There was some lumber at the 
 
bandage was pushed from his eyes, when fort, which, the prisoners of the garrison 
 
witness discovered he was in a casemate or told witness, had been brought there to 
 
other large room, and that a cannon had j erect a gallows to hang the prisoners from 
 
been trained upon him. and that a man | Columbus. 
 
seemed to be in the act of firing it directly j Ex-provisional Governor James John- 
 
at him. Witness was very much alarmed;' son, the present Collector of the port of 
 
supposed they were about to kill him. and ; Savannah, visited the fort while the 
 
begged for a little time to make a state- ' prisoners were there. Heard him ask 
 
ment. and meet his fate. They replied i Barber who killed Ashburn; said he 
 
that there was but little time then, but ' [Johnson] knew every one of the damned 
 
they would give him fifteen minutes. Wit-! rascals, and so did he [Barber]. He de- 
 
ness stated all he knew of the occurrences ' nounced Dudley, Chipley, and Dr. Kirk- 
 
on the night of Ashburn's murder; where I sey, and other prisoners, as damned 
 
he was at various hours of the night; how scoundrels and assassins, and said they 
 
and when and where he heard of the kill- j were the leaders of it. Johnson was very 
 
ing: and affirmed most positively his own ' violent and denunciatory. Barber made 
 
innocence, and his entire ignorance of any! no reply that witness, who was standing 
 
fact or circumstance going to implicate j above, could hear, 
 
others. He spoke of his own previous' It was reported at the fort that Alex. 
 
character as a citizen and member of the Stanford, an emigrant to Liberia from Co 
 
church, saying he had told them the truth; lumbus, while detained two weeks in Sa 
 
that he could not utter a falsehood to im vannah waiting for the ship to sail, made 
 
plicate innocent persons, and that if for several visits to Jas. Johnson, and for the 
 
 APPENDIX. 
 
191 
 
sake of money, was induced to make state business, when a United States soldier 
 
ments, the object of which was to implicate came up to him and seized him, leaving his 
 
others; and it was even said by many, if wagon and horses in the street, without 
 
not all, that the recent arrests had been anybody in charge but a boy, who he 
 
made in consequence of his pretended dis (Stapler) induced to mind them while he 
 
closures. Heard Johnson talking to Ste was under arrest. He was then taken to 
 
phens the same day he talked with Barber, the military guard-house in Columbus, de 
 
but some work was going on in the neigh- tained there about one hour, and then car 
 
hood, and could not distinguish what was ried under guard to the Museogee depot, 
 
said. 
 
and taken thence to Savannah in com 
 
The white prisoners, at least Daniel and pany with John Wells, James Barber and 
 
Betz, 'were taken off and examined also, Wade Stevens. Remained at Savannah 
 
but what was said and done witness did in the guard-house about an hour and a 
 
not learn. 
 
half; we were taken thence to the steamer 
 
A soldier prisoner, or one who appeared and carried to Fort Pulaski. After some 
 
to be such, told witness that the authori delay we were carried in, one at a time. 
 
ties intended to hang five or six of the Deponent was carried to a cell, and 
 
principal prisoners, and send the others there confined. After being in the cell 
 
to prison for ten or twelve years. 
 
about one hour and a half, Whitley, a gov 
 
For nine days witness had no meat to ernment detective, (the same man who 
 
eat, and supposes the other prisoners fared has since frequently visited us at Mc- 
 
no better. His breakfast consisted of Pherson Barracks, Atlanta,) and Capt. 
 
bread and coffee, without sugar; his din Cook, who commands at Fort Pulaski, came 
 
ner was rice soup. Supper same as break to the cell and unlocked it and made de 
 
fast. After the nine days meat was given ponent come to the door, when Capt. Cook 
 
to the prisoners. 
 
directed his orderly to search thoroughly 
 
Some of the soldiers of the garrison the person and pockets of deponent. 
 
were kind, others were not. Of the lat Whitley and Capt. Cook then spoke 
 
ter class were two who used to gather together, and Capt. Cook ordered the bar 
 
up the food for prisoners, and throw it to ber sent for to shave deponent's head in 
 
them as if they had been dogs. 
 
one hour! Deponent was then put back 
 
When the prisoners were taken to At in the cell. In about an hour he was 
 
lanta from Fort Pulaski, witness was brought out blindfolded, carried down into 
 
brought along with them, though in a sep a room, seated in a chair, and the bandage 
 
arate car, as far as Maeon, when he was taken from his eyes. Then he was asked 
 
told he could return to his home in Colum by Whitley "if he ever was discoursed by a 
 
bus. 
 
minister before he was put through," and 
 
The two detectives, who seemed to have he said he had an order from Gen. Meade 
 
chief control in the examination of pris to put him through," and then 
 
oners, said they had come from Washing asked Capt. Cook to allow him a little 
 
ton. 
 
while before he put deponent through, to 
 
Prisoners had no bedding or blankets. which Capt.-Cook replied he would not do 
 
JOHN WELLS. it. Whitley insisted, and at last Capt. 
 
Witness: 
 
Cook consented to give Whitley fifteen 
 
P. W. ALEXANDER. 
 
minutes by his watch "to put deponent 
 
E. T. SHEPHERD. 
 
through." 
 
WM. KING. 
 
When the bandage was taken from de 
 
JOHN McKENDEEE. 
 
ponent's eyes, he saw a soldier standing 
 
near a brass cannon with a string from the 
 
cannon to his hand, and wherever deponent 
 
STAPLER'S AFFIDAVIT. 
 
turned the cannon was ranged upon him. Deponent's head was then lathered with 
 
STATE OF GEORGIA, "} two scrubbing brushes; there were two or 
 
MUSCOGEE COUNTY, j three razors lying on the table. Deponent 
 
was made to stand up and be measured 
 
John Stapler, being duly sworn, says, against the wall. During this time he was 
 
on the 14th of May, 1868, he was driving asked by Whitley if he knew, or had ever 
 
a wagon in the peaceful pursuit of his heard the people say anything about the 
 
 192 
 
APPENDIX. 
 
Asbburn murder. He said he did not ber both knew that he had been put in the 
 
know anything and had not heard any sweat-box, and how he had been treated. 
 
thing about it. Whitley replied, you 
 
his 
 
need not tell me a lie, the rebels have 
 
JOHN X STAPLER, 
 
been posting you. but it is no use. Whit- 
 
mark. 
 
ley then gave deponent till the next day to Sworn to and subscribed before me, 
 
consult and study, and see if it would not July 13, 1368. 
 
JOHN KING, 
 
bring some good. Deponent was then put 
 
Notary Public. 
 
back in his cell and there remained in soli 
 
tary confinement, never seeing Whitley again for four or five days, when he came 
 
SANDY NELSON'S AFFIDAVIT. 
 
there, took him out of his cell, carried him MITSCOGJEE COTTNTY, ) 
 
to another part of the fort, and showed STATE OF GEORGIA, j 
 
"the sweat-box," and told him if he didn't Personally appeared before me, this 6th 
 
up and tell all he knowed about 3$ he day of June, 1868, Sandy Nelson, a col 
 
would put deponent in that sweat-box and ored man, who, being duly sworn, deposes 
 
keep him there thirty days. Deponent and says that on Monday, June 1,1868, 
 
told him he didn't know nothing, and about eleven A. M., deponent was arrested 
 
could'nt tell anything without it was a lie: on the streets of Columbus by one Thomas 
 
but he must tell him all he knew! He Grier and a Federal soldier, and carried to 
 
then put deponent in the sweat-box, which headquarters of this post, and delivered 
 
is a closet in the walls of the fort, a little over to Capt. Mills, commanding post; that 
 
wider than deponent's body, the door in the room were three other United States 
 
closes within three or four inches of the officers, names not known, besides Capt, 
 
breast, the only air admitted is through a Mills; that he was first accused of being a 
 
few auger holes in the door. He was left Democratic negro, and a look was produced 
 
ic this condition under the belief that he and referred to, in which were written 
 
was to remain there thirty days, unless he names, among which deponent saw and read 
 
told about the Ashburn murder. He re his own name. Deponent at once protested 
 
mained in this position about thirty-three against this arrest, and told one of the offi 
 
hours, when Mr. Reed and Capt. Cook cers: "Captain, I am not. a free man;" to 
 
came and took him out. Whitley came which the officer replied that "Tea, he 
 
up and said he allowed they had taken de was; but he was trying to make him 
 
ponent out too soon, and he would have self a slave again by his vote;" that ques 
 
deponent back unless he told what he tions and remarks were rapidly addressed 
 
knew. When deponent was taken out his to him by all these officers, not giving de 
 
limbs were swollen and painful, and to this ponent time, if he could have so done, to 
 
day he suffers from the confinement. He have answered them. Finally Capt. Mills 
 
was then turned loose and allowed to walk asked deponent, "When did you wait on 
 
about the fort where he remained until Cliff Grimes?" to which he answered "Two 
 
the 9th of June, he was then put under years ago." 
 
guard and carried to Atlanta. During all Mills You need not be lying; tell me 
 
this time he was strictly forbid to talk to where Cliff Grimes was on the night Ash- 
 
any one. About the 10th of June he burn was killed? 
 
was put in McPherson Barracks, where Deponent I do not know, as I was not 
 
he was very well treated, except that he here. 
 
was under orders not to talk to any one Mills Where were you, sir? 
 
without permission. On Saturday,the 11th Deponent I was on the steamer C. D. 
 
of July, in the afternoon, Whitley came to Fry as a boat hand Abe Fry, master on 
 
deponent and other colored persons who the river. We were coming up to Colum 
 
had been detained in prison, and told us to bus, and were met by the steamboat Sham 
 
go to Maj. Smythe's office. When he got rock near Bellevue, and by her were told 
 
there Maj. Smythe gave him an order for of Ashburn's death. 
 
$146. which he supposed was for witness One of the officers then asked him about 
 
fees and transportation. Deponent further Cliff Grimes' character. Deponent said: 
 
says that he was never used as a witness, and "He was a perfect gentleman; did not know 
 
never knew anything to witness about. De anything else about him. He treated de 
 
ponent further says that Stevens and Bar ponent very kindly." 
 
 APPENDIX. 
 
193 
 
After several questions and cross-ques 
 
GEORGIA, ") 
 
tions to same effect by said officers, Capt. MTTSCOGEE COUNTY, j 
 
Mills told deponent that " all this lying Before me personally appeared Abner 
 
would do no good;" that he (Mills) knew Griffin, who, being duly sworn, deposes 
 
all about the matter, and was determined to and says that on the Wednesday, the third 
 
get the truth out of deponent, and he might day of June, 1868, in the county and 
 
as well own up. 
 
State aforesaid, being then in the employ 
 
Deponent again asserted he knew no of Colonel E. T. Shepherd, on his place 
 
more thou he had stated, when Mills asked in "Wynton, Georgia, he was arrested by 
 
him if he could write his name. Answer: two Federal soldiers and taken under guard 
 
"I can." Mills: "Here! write your name to Captain Mills' headquarters; that lie 
 
on this sheet of paper, so I can know you was kept a prisoner there from 11 A. jr. 
 
tell the truth;" at the same time giving him to 6 P. M.; that he was examined by two 
 
pen, ink and paper. Deponent said he was men, one in the uniform of the United 
 
too sharp to write his name to a blank pa States, and the other in citizens' clothes, 
 
per ; but taking the pen wrote Capt. Mills' with a military cap; that he was asked 
 
name. Mills: "You are sharp, Mr. Nelson." what time Dr. Kirksey came home on the 
 
Deponent: "I am not sharp, but I am night of the murder of George W. Asli- 
 
honest." Mills: "I'll have the truth out of burn, and" he replied, between seven and 
 
you, sir." That deponent was kept in a eight, and that then one of the officers called 
 
guard-room under the court-house, all that him a damned liar, and said that they would 
 
night with nothing to eat; that on Tuesday send him to Fort Pulaski. with a shaved 
 
Capt. Mills and the same three officers vis head and a ball and chain on him: that he 
 
ited him in his cell and propounded sub was greatly frightened, and in exceeding 
 
stantially the same questions as before, with fear of his life. Deponent testified that 
 
same results as before. This was about ten he got the Doctor's horse the next morn 
 
A. M. They left him again; he was locked ing ; did not notice anything different 
 
up, and kept without one mouthful of food, about the horse. The harness and buggy 
 
and none was offered him by the guards. were in their place, where they had been 
 
An old negro woman, Mary, brought him put by deponent the night before: and 
 
some food, but it was not allowed him by that he was not then allowed to go out of 
 
the soldiers. That he was so guarded the room; he was kept there all day, and 
 
and kept till Thursday morning, when before leaving he was again called in and 
 
Capt. Mills came again to see him, and asked asked the same questions over again, to 
 
about the same questions, with result as which he gave the same answers. He was 
 
above, and as he was about to leave, depo then told he might go, if he would be at 
 
nent asked leave to go to see his sister, his place when they sent for him again.. 
 
Nancy Nelson; he was allowed to go under Deponent promised, and was then permitted. 
 
promise of returning again that afternoon. to go home. Deponent further says that 
 
He went, and reported back at about five he did not know any cause why he should 
 
P. M. same day. The food he got at his be arrested, and asked, but no information 
 
sister's was the first and only he received was given. 
 
during his said confinement from June 1st 
 
his 
 
to June 4th. 
 
ABNER x GRIFFIX. 
 
That he was again questioned by Mills 
 
mark 
 
same as before same results when Mills Sworn to and subscribed before us. this 
 
said "he would have the truth out of him?" 6th June, 1868. 
 
Again he was put in the guard-house, where 
 
E. J. MOSES, Ja.. 
 
he stayed till Friday morning, 5th instant, 
 
Notary Public. 
 
at about 7 A. M., when he was released, 
 
W. A. GTJERARD, 
 
Mills saying: "Mr. Nelson, you may go; 
 
RYMER 0. MOSES. 
 
I believe you are an honest man." 
 
Clara Brooks, a colored girl, ten or 
 
SANDY NELSON. twelve years of age,- employed on the plan 
 
Sworn and subscribed before us, this 6th tation of Col. Edward Shepherd, testifies 
 
day of June, 1868. 
 
that she, in company with several other 
 
W3I. A. GtTERARD, 
 
negroes, was arrested by Federal soldiers. 
 
D. P. ELLIS, 
 
taken to headquarters, and confined for 
 
R. J. MOSES, Jr., Notary Public. a short time, and was questioned, under 
 
21 
 
 APPENDIX. 
 
threats by the officers conducting the ex- j my reasons for quitting the Loyal League ; 
 
s.m:ua:ion ; as to the whereabouts of Dr. the officers told me they knew all about 
 
Kirksey. one of the parties arrested on the the matter, and their questions and threats 
 
E!;_ht of the killing of Ashburn. 
 
. were to make me implicate the young gen- 
 
Charlotte Hal!, a negro woman employed tleznen arrested for the killing of Ashburn. 
 
c.s a servant iu the house in which Grimes. 
 
____ 
 
muonniedlietoarfryctahhteheatpdhaqaruttaiesrhsteerasrw,reapssltaeacdre,rdesliitvneedsc,,lotatsekesetcinfoientos-:''| PUTFTrIomNGthNe ENGaRtioOnEalSInTteOlliTgeOnRceTrU. RE. 
 
Cnement. not allowed communication with j We have conversed with several intelli- 
 
anv one. She was kept in close custody ; gent gentlemen from Georgia, delegates to 
 
for three days, and during this time was ' the New York Convention, in reference to 
 
subjected to repeated long and severe ex- j the extraordinary cruelties perpetrated by 
 
animations by the military officers: was; the military commander, Meade, in that 
 
cursed and threatened by the officers. She ' State, and his infamous satellites and co- 
 
testifies under oath as follows: " Just be-' workers. Two men were assassinated on 
 
fore leaving, one of the officers told me I the same day, not long since, in Georgia. 
 
was lying all round; and that I would ; One was a southern citizen, prominent, re- 
 
rather rot in the fort for three or sis years ' speetable.tbut no Radical. He was assassin- 
 
than to tell the truth on my damned Demo- i ated in open daylight, on the public high- 
 
eratic- friends: that I might as well tell the ! way. The military authorities offered a 
 
truth, for Frederick (a Frenchman who ' reward of two hundred dollars for the ap- 
 
waited on All-. Wright) had told all about.' prehension of his murderers. The mur- 
 
it. and that when. I went to Atlanta and i der of this citizen, from whatever motive, 
 
met Frederick he would catch rue iu a lie. ! did not move these officials from their equi- 
 
One of the officers then took a piece of j poise. But that night, in a low negro 
 
rope and put it under my chin, and said ' brothel, at Columbus, there fell, also by the 
 
that when they got me to Fort Pulasfci: hands of assassins, (most probably of his 
 
they would do me that way until I told i own party,) a. low Radical tool, Ashburn 
 
the truth on my Democratic friends. Was I by name. Ashburn was an inmate of this 
 
re-imprisoned, taken out again, and re- ! degraded haunt of vice, and had his own 
 
examined in the same way. One of the | feuds with his own low personal and party 
 
officers was writing at a table when I was ; associates, whose pathjbe Lad crossed. It 
 
being examined. I do not know what he; was a murder like the other, however, to 
 
wrote. Before being discharged I was f be duly investigated by the appropriate 
 
asked if I was not the mistress of some of' and ordinary modes of civil tribunals. 
 
the young men. One of the officers pro-! Yet it suited the purposes of the Radical 
 
posed to send me to Fort Pulaski, but the' faction and carpet-baggers in Georgia, who 
 
others objected, and. after being warned thrive upon whatever of malignity and 
 
rot to let my Democratic friends run me prejudice they may excite against the 
 
of. I was discharged." 
 
i southern people, to ascribe this assassina- 
 
Cieero Johnson, a colored man. testified i tion to prominent citizens, men of good re- 
 
that he was arrested, taken to military j pute as orderly and quiet citizens, and en- 
 
headquarters, and was examined by Major '.joying the entire respect and esteem of the 
 
Leonard, of the Freedmen's Bureau, Capt. i community. All of a sudden, numbers of 
 
3IIi!S; and another officer. Had several! these were thrown into prisons small, 
 
long and severe examinations, and was re- narrow cells, destitute of proper light and 
 
peatedly cursed and threatened; was put ventilation denied the privilege of seeing 
 
in prison without food, bedding, or lights, ; relatives, or counsel, or of meeting or 
 
and vras taken out from time to time and learning by an open preliminary investiga- 
 
examined and re-imprisoned; one of the ', tion what were the crimes actually laid to 
 
officers said to me. " We are tired of your' their door Whilst thus cut off from all 
 
lying and will have to send you to Fort ' human intercourse except that of their 
 
Pulaski. where you will have your head: cruel captors, still greater barbarities were 
 
shaved and wear a ball and chain." The '. practiced upon negroes, in order to make 
 
same officer asked me if I knew how long! them accuse and criminate these gentlemen. 
 
I would be alive: was accused of being a We omitted to state that in contrast to the 
 
Democratic negro and was questioned as to [ reward of two hundred dollars offered is 
 
 APPENDIX. 
 
195 
 
the first case of a prominent citizen slain.! them svxar aicay tlie lives of innocent ic!iit<: 
 
there was offered the unusual and extracr- \ r.ien and respectable citizens before a military 
 
dinary reward of forty thousand dollars by ; commission, "organized to convict,'' and isi'.lt 
 
the military for the discovery of the assas-1 murder in their hearts. 
 
sins of Ashburn. We need not say thatj 
 
____ 
 
such rewards as these may always procure bad men who are ready to commit any perjury essential to the earning of such a 
 
From the Columbus Enquirer. A MISERABLE PRETENSE. 
 
reward. Those who, thousands of years It is reported here that the military au 
 
ago, offered thirty pieces of silver for false thorities deny their agency in the cruel 
 
testimony, wanted their case proved up. statement of the Coluuibus prisoners, and 
 
and proved it was. Give a radical military the foul means used to extort testimony 
 
"detective" forty thousand dollars and the against them, saying- that the whole matter 
 
use of the torture upon witnesses iu order j is in the hands of detectives or agents sent to fabricate Lis testimony, and he will hang ' from "Washington! Who commands in this any number of victims that may be needed [ "district?" Who takes jurisdiction from 
 
to appease the malice of tyrants. 
 
j the civil courts and assumes it for the mili- 
 
Two infamous "detectives," of the tary power? How could detectives or Baker-Stanton sort, were summoned, com-' agents from Washington do such deeds ing, it is said, from this city, and went here without the co-operation of the .mili- 
 
down to Georgia. They were told that j tary authorities? The military being the they could earn this forty thousand dollars ready executors of the orders of the agents 
 
if they succeeded, and then the military from Washington, and military authority 
 
gave them carte blanche to arrest any citi being supreme in this State, it is hardly 
 
zen of Georgia, and full power over the credible that such a pretense has really 
 
unfortunate negroes, to bribe, threaten, been -set up. 
 
starve, imprison, and torture these wretched It is not, however, at all surprising if 
 
creatures, who swore in the presence of the instigation of these outrages upon the 
 
Almighty God that they knew nothing rights of citizens can be traced to Gen. 
 
about the matter, until they should, to save Grant. To disobey his commands would 
 
themselves from further suffering consent to be insubordination, and for this reason the 
 
tell whatever stories foul monsters put in chief responsibility may devolve upon him. 
 
their mouths. That they have done these But this does not relieve the military power 
 
things can be proved by the testimony of of the agency in the matter. It only ag 
 
the released negroes, who have been sub gravates the case by showing that its high 
 
jected to these infernal cruelties. We have est officer approves the acts done, and that 
 
published the affidavits of some of those, therefore one avenue of relief may be con 
 
but they leave much to be stated. 
 
sidered as closed. Can the people of the 
 
Among the methods of torture employed North feel secure against similar treatment 
 
by these wretches upon . the negroes, to of themselves, should Gen. Grant be elected 
 
make them swear away human lives, was President, with a Radical Congress to sus 
 
the instrument known as the "sweat-box. tain him? 
 
This, we understand to be a box of wood, 
 
inside of which the victim is made to stand.; From the Columbus (Ga.) Enquirer, Septem 
 
The wooden side of this bos, by means of I 
 
ber 17, 1868. 
 
a screw, are compressed closer and closer, i GEN. MEADE'S "VINDICATION/' 
 
until the individual can scarcely breathe;! Gen. Meade's statement concerning the 
 
then a stream of hot air or steam is thrown prisoners arrested and tried for the mur- 
 
upon the victim; he is almost stifled; a der of Ashburn (from the National Inpressure put upon his heart and lungs, un- telligencer) does not exculpate him, or 
 
til the agony of his position is such that clear up some suspicious acts with which human nature sinks under the infliction, I he must have had connection. That he and the poor creature cries out that he is j needed such exculpation is virtually ad- 
 
ready to testify to anything desired. We t mitted by his declaration that he wanted assert that our information is positive and the trial "for his own vindication." In 
 
reliable, tliat these infernal cruelties have what respect did its developments or its been practiced by the federal military in results vindicate him? Did it disprove the 
 
Georgia upon black men, in order to make charges of the arbitrary arrest of citizens 
 
 196 
 
APPENDIX. 
 
without any evidence whatever against!to intimidate and corrupt the witnesses. 
 
them, and the refusal to them of a speedy! Then Gen. Meade found it advisable to try 
 
investigation and an honorable discharge another mode of "vindication," and the 
 
if innocent? Did it clear up the myste mode was the publication which we are 
 
rious outrage by which men were, for a considering. To use a very common and 
 
number of days, held in torturing and homely phrase, he has "jumped from the 
 
loathsome confinement, without being in frying-pan into the fire." He has only 
 
formed of the character of the charges involved himself in new difficulties and 
 
alleged against them, and at last dis- perplexities. 
 
charged without reparation or even apol- It will be remembered that when the 
 
Oiy for the outrages inflicted upon them? Macon Telegraph, on the authority of a 
 
Did it disprove the affidavits as to citizen of Macon, stated, a few weeks ago, 
 
sweat-boxes" and other means of torture that Gen. Meade had admitted the resort 
 
to which prisoners were long subjected in to the "sweat-box" and described the in- 
 
a military prison within the district under j strument, the General demanded the name 
 
his command? Instead of disproving! of the author of the report, and made him 
 
these charges, the trial tended to confirm j state publicly that his (Gen. Meade's) 
 
them, and they have since been exposed! allusion to the matter was made to a little 
 
by a detective, and confessed by Gen. | child, and was probably only a piece of 
 
Meade. 
 
pleasantry. Now he has admitted the use 
 
It appears from this report that Gen. of the sweat-box, and his description of 
 
?Ieade was. before the trial commenced, the instrument corresponds with that which 
 
anxious for it to be by military com-1 he gave to the child. Why, then, was he 
 
mission (for ' his own vindication"), and' so indignant when his remarks to the 
 
that he then claimed the right to carry on | child were made public? Why solicitous 
 
the trial to its conclusion, even if'civil! that he should be understood as speaking 
 
authority should be restored while it was ' to her only in jest? The "vindication" 
 
pending. What produced the change that I evidently does not cover this inconsistency. 
 
afterwards caused him to drop the trial as | The laurels of Gettysburg! Have they 
 
quickly as possible? It was evident be- j not been ingloriously bedraggled in the 
 
fore the "restoration" furnished a pretext! politics of Georgia? 
 
for dropping it. that the military authori- 
 
____ 
 
ties were quite tired of it. The evidence [ 
 
KOTTi' 
 
for the defense was most overwhelming in j 
 
JNUllk 
 
its proofs of a conspiracy, o perjury, and, At the tune Gen. Meade dissolved his 
 
its strong suggestions of subordination of' military commission, convened to try the 
 
penury. There was to be no "vindica-1 Ashburn prisoners, he remarked to the 
 
tion" of the Commanding General, or of | counsel for the defense that he would be 
 
any one else who had been active in the j compelled to publish a statement in his 
 
prosecution, by the continuation of the | own vindication.. Knowing that any report 
 
trial. That was plainly to be seen. At j which would vindicate him in his deep and 
 
this stage of its progress. Gen. Meade's I damning guilt must necessarily be replete 
 
claim of authority to carry on the trial to with falsehood, this publication was post- 
 
its conclusion was abandoned; the trial was j poned several weeks that his misrepresen- 
 
abruptly closed; those witnesses who had! tatkras might be exposed. After it was 
 
perjured themselves were sent far out of' put into the publisher's hands, the press 
 
the State and beyond the reach of the \ dispatches of the 10th of September an- 
 
eivil authorities: the party unmistakably' nouneed that Gen. Meade had at last been 
 
indicated as the chief suborner, was per delivered. This work was at once sus 
 
mitted, like the militia captain who was a pended, and after ten days' delay the abor- 
 
"little lame," to start in advance and put tion has been placed before the country in 
 
himself far out of the way of civil author- 1 the shape of a synopsis in the National 
 
ity or process. Was there any "vindica- Intelligencer of the 10th, and Gen. 
 
tion" of General Meade in all this? 
 
M- -ead-e'-s of-ficial communication aceom- 
 
What followed? One of the..d.e.t.e_cti.v_es. panying his exhibits, and of date July, 
 
^employed by Gen. Grant and Gen. Meade j 1868. The review of the synopsis from 
 
to work up the ease," made a public con-1 the Columbus (Ga.) Enquirer, which has 
 
fession of the infamous means resorted to i been made a part of this publication, fully 
 
 APPENDIX. 
 
197 
 
exposes Gen. Meade's false positions. A and he recommended that certain parties, 
 
brief notice of a few points in his official whom he believed had a knowledge of the 
 
report may be proper before lie is con affair, should be removed to some secure 
 
signed to the grave of infamy which, he place, where, being protected, they could 
 
has prepared for himself. Gen. Meade without fear disclose such facts as were in 
 
says in his report: 
 
their possession." 
 
""On the 30th of March last, a little This is simply stuff. With the military 
 
after midnight, G. W. Ashburn, ex-mem power of Third Military Kingdom at his 
 
ber of the '.Constitutional Convention of jbaek, Whitley pretends that "he was not 
 
Georgia, was assassinated at a house where ' safe in Columbus. The whole matter lies 
 
he was boarding in the town of Columbus." in a nut-shell. Fort Pulaski, with its can 
 
He does not add the fact that he was non, sweat-boxes, loathsome cells, and de- 
 
killed in a low negro brothel, where crime | pressing climate, offered better facilities for 
 
ran viot, and where, at least, two violent '"operating iipon the fears" of prisoners 
 
personal enemies had visited that night; than Columbus, hence the removal. 
 
men who had threatened to kill him, The nursery-rhyme General, the man 
 
although members of the Radical party. who told the little child in Atlanta such 
 
Gen. Meade goes on to state that "sub very funny stories, rose even above his 
 
sequently Capt. Mills reporting that the colleagues Smythe, Whitley, and Brown, 
 
energy of the civil authorities was all when he penned the following: 
 
show and merely assumed, and that he "All these reports are herewith sub 
 
could place no reliance on them, I re mitted, and it will be seen from them, and 
 
moved the Mayor and Board of Alder from the affidavit of the prisoners them 
 
men, together with the Marshal and his selves attached to Mr. Whitley's report, 
 
Deputy appointing others, and appointing that the exaggerated statements which, for 
 
Capt. Mills Mayor. About the 6th of political purposes, the press have given cir 
 
April, nearly a week after the assassina culation to are false, and have no foun 
 
tion, Capt. Mills having obtained sufficient dation beyond the fact admitted by Mr. 
 
evidence to warrant his action, arrested, by Whitley that he did operate on the fears of 
 
my order, some ten citizens of Columbus, two negroes, Wells and Stapler, whom he 
 
either as participators, accessories, or for believed knew something; but soon find 
 
having some knowledge of the facts of the ing they knew nothing, they were released/' 
 
case. These persons were subsequently Gen. Meade basely, maliciously, and 
 
released on bonds to appear and stand their deliberately lies when he states that the 
 
trial." 
 
prisoners ever made such an affidavit as is 
 
Capt. Mills told the citizens that he did represented above. He boasted some weeks 
 
not know why the arrests of the- 6th of April ago that John Wells had made an affidavit 
 
were made, and that he had no hand or part that he had never made any prior affi 
 
in it except to make the arrests by order davit concerning his treatment at Fort 
 
from superior officers. He assured several of Pulaski. It will be noticed that this man's 
 
the gentlemen arrested that if the Ashburn account, as contained in this book, is in the 
 
affair caused it, they need not be troubled, shape of a statement, witnessed by four of 
 
as "he knew they' were not guilty." the most respectable citizens of Columbus. 
 
When released on bond to stand trial, Of his suborned wretches no one ran 
 
Mills declined to tell them what the charge speak, but that such an affidavit was ever 
 
was, or the names of their accusers. This signed by Bedell, Barber, Hudson, Kirk- 
 
portion of the report involves a question sey, Duke, Wood, Chipley, Wiggins, or 
 
of veracity between Gen. Meade and Capt. Roper, is false. Dr. Kirksey did write a 
 
Mills. 
 
statement addressed to " whom it may con 
 
Gen. Meade further adds: 
 
cern," and intended for the agent sent out 
 
"Soon after his arrival at Columbus, Mr. by the Secretary of War to investigate 
 
Whitley reported he was satisfied Capt. the outrage, which was signed by the 
 
Mills was on the 'track of the criminals, other prisoners. This statement spoke of 
 
and had arrested some of the principals, the personal bearing of the garrison offi 
 
but that it was utterly impracticable to ob cers as kind, and of Whitley as respectful. 
 
tain any testimony from any party in Not being such men as he could suborn, 
 
Columbus, as their lives would be forfeited he dared not be otherwise. That state 
 
if they dared to disclose what they knew, ment protested against arrest without war- 
 
 198 
 
APPENDIX. 
 
rant imprisonment without examination tRe time by the date in his record; another 
 
in cells two feet ten inches wide the re located it by a log sale which involved en 
 
striction on visits from friends, relatives, and tries in the books of the mill-man and a 
 
counsel, and other outrages. Any other blacksmith, who mended a link broken 
 
statement purporting to be from the pris while hauling logs; several others were in 
 
oners is a forgery. The original paper, as terested in a cotton transaction, and their 
 
written by Dr. Kirksey, was not intended recollection was fully confirmed by the 
 
as a retraction of any charge made against books of the cotton dealers in Lagrange. 
 
the authors of the outrage, but designed I Thus was an unequaled alibi established, 
 
to nail the guilt where it belonged to and not by Columbus witnesses. Yet Duke was 
 
Gen. George G. Meade. Wells was de j sworn to more positively by the witnesses 
 
tained nearly a month, and Stapler a longer ! for the prosecution than any other prisoner. 
 
time. This is what Meade calls soon. The j "The trial has been in progress now some 
 
funny man thinks that Daniel, who laid twenty days, and the evidence for the prose 
 
in a cell at Polaski for weeks, and Grimes, cution made public. It is for the Depart- 
 
who was imprisoned at Atlanta, and others, I ment and the people of the country to judge 
 
were well compensated for their suffering j whether with the evidence as adduced on 
 
when he paid them three dollars per day ; the trial, I was not ouly justified but eom- 
 
of the money of the United States. He I pelled to arrest and bring to trial the par 
 
says: 
 
ties implicated." 
 
': The character of the crime, the social He claimed that this trial was necessary 
 
status of parties implicated in its com for his vindication. Why was it inter 
 
mission, and the doubts as to the guilt of rupted? While the suborned witnesses 
 
of the several parties, had no influence on were trying to swear the lives of inno 
 
me except to increase my determination to cent men away, the Commission held long 
 
bring the facts out, even at the risk of for sessions, but when the defense commenced 
 
a time putting persons to inconvenience introducing their overwhelming testimony 
 
who might subsequently prove innocent. the Court held very short sessions. It was 
 
Hence many arrests were made of parties Gen. Meade's idea to place the evidence for 
 
who were subsequently released, on its the prosecution before the country and then 
 
being proved that they were neither par turn the prisoners over to the civil authori 
 
ticipators or had any knowledge of the ties. but a dilatory Legislature disappointed 
 
case. In all these cases these parties were ! him. and caused a portion of the evidence for 
 
well treated, and on being discharged were j the defense to be produced notwithstanding 
 
paid the usual witness fees for the period the short sessions of the Commission. 
 
they were removed from their business. 
 
A few days after the trial commenced, 
 
Gen. Meade deprives his peers in every General Meade declared to many persons 
 
thing, and his superiors in many attributes that he would give his head for a foot-ball 
 
that mark a gentleman, of their personal if he did not convict all or a part of the 
 
liberty, and then insults them with such prisoners. This fact shows that he. Meade, 
 
statements as the above. Grimes, Daniel was in possession of the whole secret of the 
 
Cash. Marks. Lawrence, Wm. Bedell, Ennis, manipulating of the perjured testimony 
 
and others, whose names there is not time to manufactured by Whitley. 
 
olflam. never received a dollar, but refused Yery soon after the rebutting testimony 
 
their contemptible offer with scorn. Great had been gone into, Meade saw that every 
 
stress is placed upon the animus ofthe Colum body was convinced that the whole batch of 
 
bus people and the status of the parties arrest testimony against the prisoners was a mess 
 
ed. Consider the Duke aliii. He proved by of perjured villainy, very blunderingly got 
 
the man he boards with that he was not in ten up. Meade then at once determined to 
 
town. The man who carried him to the get the ea.se off his hands. About the time 
 
country swore to it: another acquaintance Meade commenced this trial there were two 
 
saw him going; one man slept with him, resolutions before Congress, to-wit: "Arm 
 
the night of the assassination, forty miles ing the negroes," and the continuance of all 
 
from the scene of the murder; a dozen j trials began by military commissions by the 
 
others swore he was at the same place at I same court, even after Georgia had been ad- 
 
dusk the evening Ashburn was killed, and | mitted into the Union by the adoption of 
 
early the following morning; one witness, a j the 14th Amendment. 
 
physician, knew he was correct concerning i Congress had been impressed, by Gen. 
 
 APPENDIX. 
 
199 
 
Meade. that he would convict the Colum of Meade approached Mrs. B., a friend of 
 
bus prisoners, and ih would afford capital Gen. Meade and a Southern lady, and ap 
 
enough to drive through Congress the bill pealed to her to do all she cotild with her 
 
for arming the negroes: and they were de Democratic friends to get this measure 
 
termined that Meade should have the passed by the Legislature. 
 
pleasure of convicting the prisoners; hence One of the counsel for the prisoners, 
 
the resolution that the trial should not be against the expressed wish of the prisoners, 
 
taken out of his hands after Georgia's ad absented himself from the trial for one 
 
mission. 
 
whole week. The cause of this absence, as 
 
When the rascalities of Howard and he stated to Major E., was to operate with 
 
Meade. in regard to this trial, began to be Democratic friends to get the measure 
 
exposed, how quick the Jacobins of Con passed. Nothing was left untried to relieve 
 
gress dropped these two measures, because Meade in this way, but the Legislature was 
 
the point they expected to make out of^his dilatory. Meade finally, desperate at the 
 
thing against the Southern people was lost. continued exposure of his guilt by the de 
 
The Georgia Legislature was slow in adopt velopments of the trial, resolved to adjourn 
 
ing the 14th Amendment, but Meade was the Military Court, which everybody knew 
 
in haste in getting the Columbus prisoners was a final dissolution. 
 
out of his hands. To expedite the passage The part that Grant, Meade, Howard, 
 
of the 14th Amendment he manipulated and Congress took in the trial of the Co 
 
the Legislature, and endeavored to have lumbus prisoners gave it an importance 
 
some of the Democratic members expelled. that can hardly be appreciated. The vil 
 
He failed in that. In the mean time the lainy of the whole thing should be freely 
 
trial was progressing, and the further it ventilated to the people. 
 
progressed the more damning the guilt of Smythe, Whitley, and the perjured wit 
 
Meade became apparent. Every means nesses have been sent away from justice by 
 
was resorted to to induce the Legislature Gen. Meade, and it will not be long before 
 
to pass the Amendment, and relieve Gen. an outraged public will make Meade and 
 
Meade. 
 
Brown regret that they are not with their 
 
One, or probably two. of the lady friends brother suborners.