[ Home ] [ Bios ] [ Outrages in Columbus 1 ] [ Georgia AR Roster ] [ Cemeteries ] [ Woodward Reminiscences ] [ Georgia Pioneers Day ] [ Church History of Taylor County ] [ GEORGIA BAPTISTS ] [ Census Information ] [ Churches ] [ Macon ] [ News ] [ WBTS ] [ Georgia Old County Map ] [ Search Engines ] [ Bacon Co. Georgia ] [ Calhoun County Georgia ] [ Coosa County Alabama ] [ Jones County Georgia ] [ Peach County Georgia ] [ Quitman County Bios ] [ Randolph County Georgia ] [ Stewart Co. ] [ Talbot Co. Georgia ]

 

[ Up ] [ Outrages in Columbus p. 2 ]

 

Radical rule : military outrage in Georgia, arrest of Columbus prisoners ; with facts connected with their imprisonment and release

 

Chapter 1

 

page [3]

 

MILITARY OUTRAGE IN GEORGIA.

 

Part 1

 

GEORGE W. ASHBURN.

The death of this man was the pretense upon which Gen. Grant, Gen. George G. Meade, and the Radical party based the infamous outrage upon the personal liberty of citizens of Georgia, the details of which this work will contain.

 

Ashburn made his appearance in Columbus, Georgia, immediately after the war, in the capacity of a Government spy in search of property belonging to the late Confederate States. Here he might have lived and died without a thought from the public of his antecedents, but his ardent, intense love for the colored people soon brought to light and into general comment the fact that before the war his usual occupation was that of an overseer remarkable only for his cruelty to the slaves placed under his control by the gentlemen who owned them. This vicious trait of his character rendered it difficult for him to retain his position of overseer very long on the same plantation, and he made other shifts for a maintenance. He was at one time steward or waiter in the Oglethorpe Hotel, in Columbus, Ga., and while there was well caned for his insolence by a boarder, a young man still a resident of that city. It is not the writer's desire or intention to exonerate his murderers upon the plea of his low instincts and habits. His assassination was a crime. His death in a negro brothel of the lowest order renders comment upon his life unnecessary; but whatever his character might have been, until accused of crime as directed by the law, and convicted to death by a jury of his peers, no human being had a right to take his life. This man was politically odious and morally infamous to the respectable portion of the community in which he lived; but that his death was the result of political differences, as claimed by the

-

Radical press throughout the country, is not sustained by facts. He was a thorn in the side of his own party and not considered as formidable by his opponents. That there are bad men in the Columbus community, as in others, there is not the least doubt. Ashburn was killed at the dead hour of night, and doubtless by men who did not dare meet a foe in open day. There are good reasons for believing, too, that the assassins were Radicals, black and white, to whom he was a stumbling-block in the road to office. In proof of the correctness of this suspicion are produced the following facts.

 

Previous to the election of delegates to the Constitutional Convention of Georgia, and in the temporary absence of Ashburn from Columbus, a hand-bill was issued signed by fifteen or twenty Radicals--the entire white element of the party in the city--calling a meeting to appoint delegates to a nominating Convention at Cusseta. The leader in the movement avowed uncompromising hostility to Ashburn, and expressed a determination that Ashburn should no longer control the party. Ashburn returned before the day for the meeting, went in and took possession of it, and appointed delegates to his liking, himself among the number.

 

So hostile had the feeling become between Ashburn and two leading Federal office-holders in Columbus, that he threatened to have them removed. Time sped on. The nominating Convention assembled at Cusseta and put out candidates for the senatorial district suited to the taste of Ashburn himself among the number, from Muscogee county. Ashburn, having the ear and confidence of the negroes and full control of the Loyal Leagues, whipped in the fight, and proved himself master of the situation. His ticket was elected. The Convention met, did its work, and adjourned.

 

page 4

 

Ashburn returned to Columbus, avowed his intention to be elected by the Legislature to the Senate of the United States, and set to work to organize his colored friends and secure the election of such members from his senatorial district as would support his senatorial pretensions.

 

On the Saturday before he was killed, through his influence, a large number of negroes assembled in the Court-house square and were harangued by him, and a ticket was nominated for the House and Senate, composed, for the House, of one of the delegates to the Convention and a negro, and the head of the Freedmen's Bureau, a known friend of Ashburn's, for the Senate. What part, if any, his former Radical opponents took in this meeting, or whether they were present at all, the writer can not say.

 

On the Monday night succeeding the meeting referred to, the career of Ashburn was brought to a close. Between dark and the time of his death the President of the Loyal League, named Bennett, handed Ashburn a letter from one Costin, a negro of Talbot county and representative elect from that county to the Georgia Legislature. Ashburn threw this letter into Bennett's face. Afterward, while a prisoner for obtaining goods under false pretenses, Bennett gave it to the Sheriff. It was written upon paper furnished the Constitutional Convention, of which Costin was a member. He abused Ashburn in unmeasured terms as a pensioner upon his party, and reminded him that he (Costin) had raised the embargo placed on his baggage by a hotel-keeper in Talbatton. He closed by offering to bet two hundred and fifty dollars that he would never represent Georgia in the United States Senate, and two hundred and fifty dollars more that he would not receive fifteen votes upon joint ballot.

 

Bennett declared, the day after his death, that he would have killed him if the mob had not. Woodfield, another Radical, who disappeared immediately after the murder, had stated that Ashburn must settle a debt he owed him or he would kill him.

 

After he was dead, and had come to his death, too, at the hands of assassins, what was the conduct of the Columbus Radicals? If they had felt any pangs of grief or indignation at this outrageous act, is it not reasonable to suppose they would have interested themselves so much, at least, as to have called to see the corpse and given some assistance toward the final disposition of his remains.

 

Not one of the white members of his party did his remains even the honor of a call. Being a pauper, the expenses of his funeral were borne by the city.

 

His remains were attended to the depot for shipment to Macon by only two white men--his son and a Radical Jew named Coleman.

 

The above facts are sent forth to the world for what they are worth. Many other things could be told to show the hostility of feeling which existed between leading Radicals of this city and Ashburn, but their relation would spin out the subject to too great a length.

 

Between the citizens of Columbus and Ashburn there existed no feeling of antagonism. They looked upon his course as mischievous in its tendency. They knew, however, that he was no worse in his intentions than other men of Radical proclivities in Columbus, and that to destroy him would accomplish nothing. Having more sense than half a dozen of the others, and having aspirations, he was looked upon as less dangerous than the herd that were pursuing him. The citizens outside of the Radical ranks did not come in contact with him in any shape, and had no more reason to desire the destruction of his life than those of others of less sense. Aside from this, the people had all the time used every precaution against permitting anything to be done that could, in the remotest degree, give capital for Radical rule to feed upon.

 

REIGN OF TERROR.

 

Ashburn's death was succeeded by a period of deep excitement. Negroes openly avowed their intention to avenge his death, and threats were made upon the streets to burn Columbus.

On Wednesday night following his murder, a meeting of the Young Men's Democratic Club was startled by a message from Mayor Wilkins, that intelligence had reached him that an attempt to fire the city would be made that night. If such an intention existed it was defeated by prompt action. On the 6th day of April, the Monday after the assassination, the excitement was raised to fever heat by the military arrest of nine white and three colored citizens. W. D. Chipley, Doc. E. J. Kirksey, Columbus C. Bedell, Wm. R.

 

page 5

 

Bedell, James W. Barber, Alva C. Roper, Thos. W. Grimes, Robert Ennis, and Wm. L. Cash, white; and John Wells, John Stapler, and Jim McHenry, colored; were arrested by Capt. Mills, commanding post, and confined in the Court-house. All were men of respectability and character, and the negroes stood well in their sphere, though unpopular with their race because they were Democrats.

 

The next day one Wade Stephens, a low rowdy, was added to the party, as the sequel will show, in the capacity of a spy, though he may not have known it at the time.

No cause was assigned for the arrest, and the repeated and untiring efforts of the prisoners, their friends and their counsel, failed to arrive at any.

The men arrested were so far above any suspicion of complicity in Ashburn's murder that it was difficult to associate the two events; yet following each other so closely, with no other alleged cause, an occasional surmise would rest in that direction.

This conclusion would never have been reached by any one but for their knowledge of the malice of certain Radicals toward these men as Democrats, and especially Chipley and Kirksey, who were working men in their party.

 

Before these arrests were made it was positively known that a man holding civil position by military appointment had offered bribes for affidavits against Mr. Columbus Bedell, and it was not unnatural for persons knowing these facts to surmise that the arrests were made upon suborned evidence. The manner in which the charge and names of the accusers were withheld, and the absence of all investigation, strengthened this belief, and occasioned a general feeling of uneasiness.

 

Capt. Mills stated that he did not know the cause of the arrests, which nobody believed, and it is only mentioned here to show how arbitrary the arrests were and the weakness of the case. After four days and nights in durance vile, Capt. Mills informed the prisoners that their most gracious Majesty Gen. Meade had concluded to release them under bond of twenty-five hundred dollars each to appear whenever Gen. George G. Meade, commanding Third Military District, or his successor, should desire it. There was a general feeling among the prisoners to decline this offer and test the legality of their arrest; but older heads thought the bond would be the last of it, and advised them to accept

the terms and return to their families and business.

 

A general bond was then prepared, a copy of which is given in Appendix, together with its signers. The names exceed four hundred, and would have reached three times that number had the citizens been allowed sufficient time to sign it.

Nothing more occurred in this connection until the 14th of May, when James W. Barber, and the fellow Wade Stephens and two negroes--John Wells and John Stapler--were re-arrested and hurried off to Fort Pulaski. Mr. Barber was not even permitted to see his wife.

 

On the 18th May, W. D. Chipley, indignant at his illegal and unwarranted arrest, and being unable to secure an investigation in any other way, sought one through Congress. His letter to Hon. James B. Beck, of Kentucky, and action of the House on Mr. Beck's resolution, are given in Appendix. The action of the House was significant, and shows that the Radical plotters at Washington were afraid of an investigation.

 

On the 23d May, Mr. R. H. Daniel, a gentleman, and George F. Betz, a dissipated loafer, were arrested and sent to the Government bastile at Savannah. Very soon Bennett and a courtezan of the lowest stripe, called Amanda Patterson, followed. These two, like Stephens, it was understood, were to be suborned. Betz, at that time (though a man of no character), was thought to be above swearing a man's life away for gain or safety.

 

On the 2d June, W. D. Chipley, E. J. Kirksey, Clifford B. Grimes, and Columbus Bedell were arrested, and on the 3d sent to Atlanta and confined at McPherson Barracks.

On the 16th June, Isaac Marks, Jacob Marks, Alva C. Roper, Robert A. Wood, James L. Wiggins, Drew W. Lawrence, and Wm. L. Cash were taken into custody by the omnipotent Mills and forwarded to Meade's Hotel, at Atlanta. Sergeant Chas. Marshall, of Mill's company, was also sent along, for the purpose developed by the trial. On the 19th June, Robert C. Hudson and James Lawrence were started, preceding Wm. A. Dukes some five days. The charges against these men were still mere matters of conjecture. From the best information that could be gathered, the parties had been arrested upon negro testimony, much of it forced, whilst with others bribery had been the instrument used. In

 

page 6

 

addition to 8500 offered by the city of Columbus, Gen. Meade's military Governor of Georgia, through his proclamation, announced a reward of $2,000 for the first and $1,000 for each additional party connected with the assassination, with proof to convict. This was a large sum of money, in the eyes of a bad negro, as an inducement to bear false witness. With such inducements no citizen of Columbus, however exemplary his walk in life, felt that he was exempt from arrest. No one knew where the arrests would end, and what number of citizens would be incarcerated, under the influence of such testimony--no one could conjecture. As arrest after arrest succeeded each other, the best citizens would exclaim: "'Tis but an accident that I am left!" and they extended their sympathy to the unfortunate men with a consciousness that it was but a chance that placed the prisoners there instead of themselves.

 

TREATMENT OF PRISONERS.

 

The treatment of the Columbus prisoners will ever remain a blot upon the fame of American soldiers.

 

These men, arrested at a moment's notice, were carried from family, friends and business, and without an opportunity being given them to prove their innocence, were thrown into cells which law and humanity dictated as only proper for the confinement of condemned criminals.

The murder occurred during the night, between the 30th and 31st of March.

The first arrests were made on 6th April; they were renewed through May and June.

Yet, in this great and free country, no charges were delivered to the prisoners until the 27th day of June.

Their trial was set for 29th of the same month. The enormity of the proceedings in this connection may possibly be appreciated, when it is stated that the intervening day between the reception of a copy of charges brought against them and the day set for their trial was Sunday.

The Holy Sabbath day was given them upon which to prepare their defense against the charge of " murder," and that too when removed 140 miles from the scene of the crime and the residence of their witnesses. This outrage upon the personal liberty of these men should make boil the blood of every freeman who reads these pages. But to return to their physical treatment.

 

This was barbarous in the extreme. Those who were carried to Fort Pulaski were confined in cells four feet by seven feet. There was no ventilation whatever, and a greater portion of the time the small hole which admitted light was closed and the cell left in darkness. These dungeons were their sole habitation. Calls of nature were attended to in a vessel that was removed once in twenty-four hours. Their rations consisted of a slice of bread, and coffee (if they had a cup) in the morning; another piece of bread and soup in the same cup in which coffee was served at breakfast, with an occasional ration of fat pork, constituted their dinner. For supper, bread alone was issued. Yet the friends of these prisoners would have been glad and did offer to furnish them any comforts they might desire.

 

Will the world not say they were entitled to different treatment, until their guilt had been established, or at least until something besides ex parte testimony had been produced? In these horrid holes, borne down by the heat of the climate, and driven almost to madness by the myriads of mosquitoes, these men were detained day after day, denied the privilege of visits from friends or counsel, and not even allowed to write to or receive letters from their families. Humanity must have suggested an exception to this rule in the case of one of the prisoners, whose wife was expecting to be confined, but if so the whispers were not heeded by the "genial and popular commander of Fort Pulaski." He added another laurel to the wreath that marks his victories. "The gallant Cook," with heroic fortitude, saw that no word of love and sympathy reached the young wife in her trying hour. It may be well for the reader to remember just here, that the witnesses for the prosecution stated on their examination that they were told that if they did not make disclosures they would be kept in prison--as Bennett expressed it, would have to "rot there." On the other hand, by making disclosures they would secure their liberty, and protection from "harm" from the Government. The removal of the Pulaski prisoners to McPherson Barracks, Atlanta, was an improvement in climate and some other respects. They were permitted to correspond with their friends, but all letters, although only breathing the affection and sympathy of a

 

page 7

 

wife, were submitted to rigid inspection. How disgraceful in the representatives of a great government! Chipley, Kirksey, Grimes and Bedell reached the barracks on the 3d day of June, having no suspicion of imprisonment. They were unprovided with bedding.

     It was three days and four nights before bed or blanket was furnished. Friends were not allowed to visit them nor counsel to see them.

On the 8th these four men were placed under bond in comfortable quarters.

When Daniel arrived from Fort Pulaski he was placed in the house with them, and there he and Grimes remained until released. On the 12th Bedell was returned to the cells.

On the 15th Chipley and Kirksey followed. On the 19th the last two were returned again to quarters outside of the guard-house, and next morning Bedell joined them.

On 22d he and Kirksey were returned to cells, and Roper was placed with Chipley.

The other prisoners were in cells. This status was continued until the 14th July, when Chipley was offered bail with the liberty of Atlanta, which he declined.

On the 16th, the entire party were removed to comfortable quarters, where they remained until released.

The cells up to the 16th June were five feet ten in width by ten feet long. The window, two feet by one foot six inches, was eight feet high from the floor, and in addition to bars was so slatted as to prevent the inmate of the cell from seeing either heaven or earth.

There was no other means of ventilation, and with the door closed (which was always the case, except when the guard was humane enough to transcend his orders,) a gale might blow outside without sending one puff of fresh air to relieve the distended bursting veins of the prisoner, although the opening of the cell door would create a draft that was often objectionable. The prison sink, just at the end of the hall upon which the cells opened, emitted such a stench as to render the risk of suffocation preferable to the horrid odor. But all this was not sufficiently horrible. With twenty vacant houses that might have been used, the military commenced on the 16th June to make more prison room by dividing the cells, reducing them in width to exactly two feet ten inches. Will an indignant public believe this? A positive, horrible truth. Not until the memorials of Dr. Chipley and Col. Lamar to Congress had elicited a deep and earnest protest from the press of the whole country, did the treatment of the prisoners change.

 

On the 19th June some of them were allowed to see counsel, although in the absence of charges, it was impossible to plan any definite line of defense. Soon after the remainder saw counsel, and a few friends were permitted to pay short visits and send delicacies to the prison. The embargo on certain newspapers was also raised. On the 22d June C. B. Grimes and R. A. Daniel were released, and a week later the Messrs. Lawrence, the Messrs. Marks, and W. L. Cash. No evidence whatever has been produced against either one of these gentlemen, and the only explanation that is given them for the torture they were subjected to is, that it was a mistake. At no time was the private correspondence of the prisoners relieved from inspection.

 

CAUSE OF THE ARRESTS.

On the 6th of April, ten white and three colored men were arrested and placed in confinement in court-house at Columbus. On the trial the prosecution rested their case upon evidence which did not claim that any disclosures were made to the military, or other authorities, before the last week in May, except by the witness Bennett. This creature professed to have made statements to Capt. Mills the day after the occurrence, implicating five men.

 

These men were all accessible, yet in the list of thirteen arrested in April, the name of but one of Bennett's five can be found. Another one, Marshall, was in the room several times during their incarceration, but as a visitor. How improbable it must appear to every reader that Bennett charged Marshall with being one of the murderers before his Captain, as that officer, twenty-five days later, allowed him to leave his company on a thirty days' furlough. The question very naturally arises, why were the first arrests made? The mystery was easily solved, and its solution does not involve a midnight murder. A general apathy had pervaded the Democratic party in regard to registering and voting. The policy of inaction had governed the party, but the result in Alabama occasioned new acts of Congress that rendered this policy no longer available, and an active canvass was inaugurated. Mr. Chipley, as Chairman of the Executive

 

page 8

 

Committee, had prepared complete printed lists of the voters in the county who could and had not registered, and was, through sub-committees, urging all such to do their duty. Messrs. Grimes and Barber were candidates on the Democratic ticket. All the remainder except the spy, Stephens, were known to be earnest Democrats. It was a common boast among the Radical negroes of the city, that John Wells's Democratic principles had gotten him into jail.

 

But one comment is necessary. The party was arrested the day registration commenced, and released the day it closed. Mr. Chipley's second arrest followed close upon the presentation of his letter by Mr. Beck to Congress in fact, as soon as the proceedings in that connection could reach General Meade's headquarters.

 

Another coincidence in dates occurred when Dr. Chipley's memorial was presented to the Senate. It was telegraphed to Atlanta, and Mr. Chipley was returned to a cell.

 

If there was any other reason for this renewal of torture in Chipley's case, it has never been developed. In the evidence for the prosecution, the date of their disclosures is placed by the witnesses themselves, subsequent to the arrest of a majority of the persons. Then upon what foundation were the arrests based? The whole object was for political purposes.

 

No attention was paid to the death of Ashburn in Columbus at the time it occurred. It was known that this victim of assassination was a wretched outcast from society, and one forced to seek a home in a negro brothel.

 

Yet when the report of Ashburn's death reached Washington, party machinery was set in motion to manufacture out of it political capital.

An opportunity was offered to prove a southern barbarity which would justify Radical tyranny and outrage.

 

General Meade was appealed to to have the matter investigated, and he dispatched to Columbus Major Smythe, a member of his staff, to examine into and report the facts; at the same time offering a large reward for the apprehension of the murderers.

The Major caused the arrest of a large number of citizens, but failing to obtain any clue to the perpetrators of the deed, abandoned the game as not worth the chase.

The Washington directory, however, were not so easily satisfied. The services of a detective who had been in Washington under the pay of the War Department, to "work up" the impeachment matter, was detailed by General Howard, acting under orders from General Grant, to proceed to Atlanta, and report to General Meade for orders.

 

The detective having reported according to instructions, General Meade referred him to Major Smythe, who told him of the examination already had, and its barren results. In the mean time General Howard telegraphed to Kansas for one Major Whitley, who had figured prominently in the services of the War Department in connection with General Baker. Upon these two worthies had Stanton and Holt devolved the duty of getting the testimony on the trial of Mrs. Surratt, and now Whitley was to be appealed to in the Georgia trials. He arrived in Washington in obedience to General Howard's telegram, and was hurried off to his new field of labor under the incentive of $40,000 reward. How well he has succeeded in his work of manipulating witnesses, has been shown in the published testimony taken before the Commission.

Can the people of the North imagine that men of unimpeachable character could be subjected to the barbarous treatment detailed in these pages, upon suborned ex parte evidence, which when produced in court broke down of its own weight? Yet it can not be denied. A brief account of his action in the N. E. Thomas murder, will show that General Meade was influenced by political prejudice in the case of the Columbus prisoners.

 

One Joshua Morse, a renegade Alabamian, elected on the negro ticket to the position of Solicitor for his circuit, together with a man named Gilmore, in cold blood murdered N. E. Thomas, editor of the Choctow (Ala.) Herald. Morse, in a letter to the Marengo Recorder, of date June 29th, 1868, gives a version of the difficulty and closes thus: "I have been refused bail. The Justice of the Peace has prejudged the case, and my political enemies declare I ought to be hung.

We have been forced to apply to the commanding General for protection.

"Very truly yours,

[Signed.] " Joshua Morse."

This murderer flies to General Meade for bail, while gentlemen against whom no charge has been made, are detained in loathsome cells for months, under circumstances without parallel in a free country.

 

page 9

 

Then what explanation can General Meade offer an indignant people for the outrage upon R. A. Daniel, Cliff B. Grimes, Wm. L. Cash, James Lawrence, Drew Lawrence, Isaac Marks, Jacob Marks, John Stapler, and John Wells? These men were placed in cells, and the affidavits in Appendix will show how cruelly they were treated.

 

Yet they were released without trial, condition, or explanation. The witnesses altered their affidavits time and again, under the direction of Joe Brown, Whitley, and Smythe.

 

 For instance, General Meade stated positively that he had sufficient evidence to hang every prisoner.

A distinguished gentleman and friend of Meade's in the old army, replied that he could swear that Mr. Grimes was at his house, three miles from town.

 

The result was the release of Grimes. As proof of their innocence was discovered by the detectives, eight others were released.

 

The father of one witness for the prosecution, openly stated that his son was at home dead drunk at the time of the murder, and was unworthy of belief.

 

The early adjournment of the Commission alone prevented this evidence from being produced. Betz owned he went into the affair for fifty dollars. Stephens was impeached by his mother and aunt before the Superior Court of Muscogee county. His mother, a white woman, lives in open adultery with a negro man.

 

Bennett and Amanda Patterson lived in a negro brothel, and both swore to one thing on the inquest and another on the trial.

 

Charles Marshall, the soldier, acknowledged that he was persuaded to commit murder by associates, and all said that their disclosures were made under promises of protection if they would, and threats of imprisonment if they refused, to give evidence. The trial commenced a few days before the Georgia Legislature was convened. T

 

he prosecution expected to place their suborned evidence on record before the country and then turn the case over to the civil authorities upon the adoption of the fourteenth amendment. They were disgusted with their own case and saw no other chance to influence public opinion. Fortunately the Legislature hung fire, and several alibis were proven, among others, Duke's, the best ever produced in any court, before the amendment was passed. Duke was arrested but four days before the trial commenced. Had he been taken into custody sooner the detectives would have found out that he was forty miles from town on the night of the murder, (as indiscreet friends always hastened to tell all they knew) and he would have been released, as Grimes, Cash, Daniel, and others were.

When the prosecution had fallen through of its own weight, the suborner Smythe hurried off with the poor creatures he had used. Could there be a more severe comment upon the prosecution? Why were the perjured wretches taken out of the State upon the eve of Georgia's mock return to the Union? General Meade unblushingly shields perjury.

 

HUMANITY IN HIGH PLACES.

 

While the love of liberty and republican institutions is held dear in the hearts of the people of the United States, just so long will the memory of George G. Meade be abhorred and detested. A new era is dawning, and soon this pliant minion of power will only be remembered as a poor, unreasoning satrap, whose highest ambition was to hold place by pandering to his Radical masters at Washington.

 

 

Gen. Meade, upon his return from Philadelphia, was accompanied by an officer sent out by the President to investigate the arrests, when the partitions in the cells were knocked out, thereby making their width five feet ten inches, instead of two feet ten inches, as they were before. He also remarked to Mr. Chipley, in the presence of his mother-in-law and wife, that it had not been his intention to confine men so who could give guaranties for their appearance.

    This was after the whole country had, in thundering tones, denounced his despicable cruelty. His sincerity (?) even then was evinced by the fact that men were continued in cells for weeks afterward who could have given bond to any amount.

It is not an unusual practice for generals of limited renown to shift censure upon subordinates; but Gen. Meade must stand square to the rack this time and receive the verdict of an outraged and indignant public.

When Mr. Chipley left Columbus for Atlanta he was accompanied by a friend who had known Meade intimately in the old army, and during the war served on Gen. Lee's staff. He sought at once and found him (Gen. Meade) on the eve of his departure from Atlanta. In a short interview

 

page 10

 

which followed, he told this gentleman that he had left full instructions with Gen. Sibley as to the disposition of the Columbus prisoners. Upon application this gentleman received a promise from Gen. Sibley that he should send the prisoners some comforts. When morning came and the proper permit was applied for, Gen. Sibley informed him that on re-examining his instructions he found it impossible to make good his pledge. Gen. Meade had already said that these instructions were left by his order, and it was these instructions that deprived men at that time, not even accused of any crime, of liberty, of visits from friends or counsel, of comforts to which they were accustomed, and even of the free air of heaven. This duplicity and cruelty may secure his family claim, now before Congress, but it will forever damn the name of George G. Meade.

 

GENERAL GRANT.

In a few months the country will be called upon to decide whether or not this man shall be placed at the head of the Government.

Will not every thinking man pause and reflect?

The crime upon the Columbus prisoners followed close upon the Etawaw outrage.

The recurrence of such affairs as that these pages describe presses home the questions:

How long are the denizens of our Southern States to be made the victims of military misrule?

Must the people of that region forever be made the shuttlecocks of military power?

Will not the people enforce some rule whereby peaceable, industrious, order-loving citizens can prosecute their business without momentary dread of being incarcerated upon charges trumped up by political 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 the field they met open enemies only. Now they suffer everything from the machinations of pretended friends adventurers of all sorts through the southern portion of our republic. The military, who ought to be their safeguard and protection, are turned into an engine of oppression.

Call their localities States, 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 localities wherein crimes are alleged to have been committed.

 

A few more cases like that of the incarceration of the Columbus prisoners will open the eyes of the people to the necessity of providing for the trial of accused persons through the civil courts.

The military have been, now are, and always will be an unsafe depository of the legal relations of citizens.

The power which they exert in the field is arbitrary and, to a great extent, irresponsible.

Their province is to command, not to give reasons for their orders. Not so with the civilian.

When sitting as a judge he is confined to precedents, and is making precedents in every decision which he announces.

With the latter, the property, the liberty, the life of the citizen is comparatively safe.

The military act upon emergencies, and the rapidity of their action precludes the due consideration which justice to accused persons demands.

The courts, on the other hand, are calm, careful, deliberate.

Their rules of evidence allow everything which can be brought before the court in exculpation of the accused.

Military law seizes only a few salient points and on these a judgment is rendered.

The people owe it to themselves and the nation speedily to abolish military rule. Its effect is evil, and only evil.

During the progress of a war there may be some necessity for its exercise.

But in times of peace, when there is no armed force against the Government, and no hostility manifested by the citizens against the laws, military rule becomes a constant source of irritation, which disturbs the social relations, deranges business, and keeps whole communities in a state of inquietude.

None are benefited by such a state of things save the gang of unscrupulous 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 reside.

The South is well-nigh paralyzed by the military parasites which it is compelled to support.

Let these parasites be withdrawn and peace, order, and prosperity will again prevail throughout the sunny side of our republic.

One word from Gen. Meade would have put an end to all these wrongs inflicted 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

 

page 11

 

to the seat from which she had been rudely thrust, and established civil liberty throughout the blighted regions of the South. But that line remained unwritten, and the rude tyranny of brute force held high revelry in the prisons of Georgia.

Is the man who thus abuses power throughout ten States of the Union a suitable depository of the destinies and the liberties of the people of the United States? As the tree is judged by its fruit, so must the fitness of Gen. Grant for preserving the liberties of the citizen be judged by the manner in which he sustains the subversion of the Constitution wherever his authority extends.

 

CONFESSION OF ONE OF THE
SUBORNERS.

 

Affidavit of Wm. H. Reed, Government
Detective.

Washington, D. C.,
July 3, 1868.

 

Personally appeared before me, a Justice of the Peace for the District of Columbia, Wm. H. Reed, who, being duly sworn, deposeth and sayeth: I was telegraphed to by H. C. Whitley, a Government detective, to come to Washington from Boston, Mass.

In answer to that dispatch I arrived in Washington on the 6th of March, 1868. I joined H. C. Whitley; he took me to Chipman & Hosmer's office on 14th street, and they told me they wanted to employ me as United States Government detective in the impeachment of the President of the United States.

Hosmer took me upstairs, in the same building with his office, to a one-legged man's room they called Doctor.

Hosmer told me to go around the hotels and make my report every day to the Doctor.

In a few days Hosmer sent me to Gen. O. O. Howard, commanding Freedmen's Bureau.

The General told me to make my report to Maj. Mann. I did so with several other detectives, including a number of negroes, to the 14th or 15th of April, and was paid by the Doctor and Maj. Mann $300. General O. O. Howard then ordered me to go to Atlanta Georgia, and report to Gen. Meade, to work up the Ashburn murder case.

He, Gen. Howard, says, you go there by the order of Gen. Grant. He, Howard, sent me to Maj. Mann, who paid me one hundred dollars.

Gen. Howard gave me a letter to Gen. Meade, in Atlanta, Ga., stating that I came as a Government detective, and he, Gen. Meade, to pay my expenses.

 

I arrived there about the 18th of April. General Meade referred me to Maj. Smythe, that he, Smythe, knew about the Ashburn murder case. Before I arrived in Atlanta there had been several arrests made in Columbus, Ga., and Maj. Smythe informed me that he had discharged them for the want of evidence to implicate them with the murder of Ashburn. He told me I could not make anything by going to Columbus, but hoped I could make up a case. General Meade ordered me to go to Columbus. I stayed there two or three weeks. In this time I felt it was necessary for me to arrest several parties. H. C. Whitley having been sent for by Gen. Meade at my request, Gen. Meade desired I should not make any arrests until the arrival of Whitley.

Gen. Meade telegraphed to Washington to have the Government telegraph to Whitley, who was then in Kansas, for him to come immediately to Georgia. He arrived in a few days. Whitley came to Columbus and met me. We had an interview with Capt. Mills, the commander of the post, at Columbus, Ga., and recommended him to make several arrests, which he declined to do without an order from Gen. Meade. Whitley got an order from Gen. Meade, that Capt. Mills should arrest five or six parties, to be pointed out by myself and Whitley, and they were to be sent to Fort Pulaski.

We, before the arrests were made, went to Atlanta, and got an order from Gen. Meade to the Commander of the post at Savannah to give us, myself and Whitley, full control of the prisoners after they arrived at Fort Pulaski.

While we were on our way to the fort the following arrests were made in Columbus, Ga.: Stephens and Barber, two white men, and John Stapler and John Wells, two negroes, and sent to Fort Pulaski.

Whitley and myself met them, the prisoners, at Savannah, and proceeded to the fort with them.

At the fort one of the negroes, John Wells, was taken out of his cell and put into a chair in one of the casements with a cannon pointed at his head, and a soldier hold of the string ready to snap the cap, apparently to shoot the gun; a barber lushed his head full of lather and pretended to be ready to shave his head.

This was done to have him give evidence in regard to killing Ashburn. The negro all the time

 

page 12

 

contending he knew nothing about the murder. This farce was kept up about ten minutes; finally they put him back in his cell, with the understanding that if he did not tell something it would be worse for him.

They took the other negro, John Stapler, and put him before the gun with no better success.

He was afterward put in the sweat-box and kept there in great punishment for at least thirty hours, until his legs swelled, and I took him out of the box, being convinced he knew nothing about the case.

At Whitley's and my request the following other arrests were made: Daniel Betz, Amanda Patterson, who were sent to Fort Pulaski. Stevens and Barber were put in one cell. Whitley and myself secreted ourselves in the adjoining cell, but we could hear no conversation between them implicating any of the prisoners.

 

Amanda Patterson was considered an important witness and was put in officers' quarters. Whitley and myself talked with her frequently in regard to the murder, but she earnestly declared she knew none of the parties, as they were masked and painted. S

he acknowledged being in the house at the time of the shooting.

Whitley persevered in questioning said Amanda, and said to me that he would in time get enough evidence out of her to implicate some of the prisoners and other parties, so as to give Whitley an opportunity to make more arrests.

Whitley then went to Columbus and arrested other parties.

A man was arrested named Bennett, and sent to me at Fort Pulaski to see if I could not draw some evidence from him in regard to the murder.

In my frequent conversations with this man Bennett, his prevarications convinced me if any one was guilty of the killing of Ashburn this man Bennett was guilty.

After this Bennett was put in the cell with Betz to see if he could not draw some evidence from him.

Afterward, he, Bennett, was put in a room with Betz and Stevens, with the view of still obtaining evidence from both of them together.

He, Bennett, admitted to me that he was in the crowd that done the shooting at Ashburn, and persuaded Betz and Stevens to acknowledge the complicity of the prisoners arrested with the murder.

Whitley and myself placed Bennett with Betz and Stevens for the purpose of working Betz and Stevens up to testify against the prisoners.

We, Whitley and myself, promised Bennett, Betz and Stevens, if they would come out and expose the whole story, if they were guilty themselves, they should be protected from punishment by the Government. Amanda Patterson, Bennett, Betz, Marshall and Stevens were all of the prisoners that pretend to know anything about the murder.

 

These parties gave no evidence until they were imprisoned, tired out, and the evidence wrung from them by Whitley and Major Smythe by promises of reward and security from punishment.

They, Whitley and Smythe, had frequent conversations with Amanda Patterson, educating her in the evidence she was to give; also Betz and Stevens, making each one repeat the evidence over and over again to have them perfect, so when they were called upon to give their evidence they would not contradict themselves, each one to tell the same story. Whitley remarked to me frequently that this whole case was a political move, and the conviction of the prisoners would be a big thing.

The prisoners that were intended as witnesses were told that the Government had offered a large reward, and if the parties under arrest were convicted, they, the witnesses, would get their share of the reward offered. During the time I was engaged in making up this case in Georgia, I drew money from the Paymaster by Gen. Meade's order.

[Signed.] Wm. H. Reed.

Subscribed and sworn to before me, a Justice of the Peace, in and for Washington county, D. C., the 3d day of July, 1868.

[Signed,] Wm. Martin, J. P.

 

From the Columbus (Ga.) Sun.
CARD FROM THE COLUMBUS
PRISONERS.

 

Account of their Arrest, Imprisonment,
Treatment, &c.

July 25, 1868.

 

Upon resuming our personal liberty, we, the undersigned, known as the Columbus prisoners, deem it proper to publish the following brief account of our arrest and confinement by the military authorities. During the night of the 30th of March, Geo. W. Ashburn was assassinated in a low negro brothel in Columbus, Ga. On the 6th day of April thirteen citizens were arrested by Capt. Mills, of the U. S. army. On the 10th they were released under bond. Four of this number have never

 

page 13

 

been re-arrested. The man Mills stated that he did not know the charge against the party arrested, but no one believed him, and the fact is only mentioned to show the character of the proceedings.

On the 14th day of May four arrests were made, on the 24th four, on the 2d of June four more, on the 16th seven, followed the next day by two others.

On the 24th another and the last arrest occurred.

These arrests were made by the order of Gen. Meade. Several of the undersigned have in their possession written orders which show this fact.

The arrests were made without warrant, affidavit, or charge. No preliminary examination was held.

We were kept in total ignorance of the ex parte evidence against us, and the names of our accusers were concealed from us. No one who has followed the trial will be surprised at this apparent neglect.

While we were clamoring for the charges against us, Joe Brown, Whitley, Maj. Smythe and others were suborning Betz, Marshall, Bennett, and Amanda Patterson.

 

The evidence for the prosecution acknowledges that disclosures were made under threats of imprisonment.

This is bad enough, but a worse feature is that the date of these disclosures is placed by the witnesses themselves subsequent to the arrest of a majority of the prisoners.

 

The question naturally arises, upon what foundation were the arrests based?

Of the twenty-two persons arrested on and since the 14th of May, four were suborned by torture, bribery, and threats.

Nine, after confinement in felons' cells and much suffering, were released without any explanation whatever.

The remaining nine are the signers of this card.

The prisoners arrested in May were at Fort Pulaski before they were removed to Atlanta.

Their cells were as dark as dungeons, without ventilation, and but four feet by seven. No bed or blankets were furnished.

The rations consisted of a slice of fat pork three times each week, and beef, too unsound to eat, the remaining days.

A piece of bread for each meal, soup for dinner and coffee for breakfast, finished the bill of fare.

An old oyster can was given each prisoner, and in this vessel both coffee and soup were served.

It may be said that the soldiers received nothing better, but these citizens were not soldiers, and their friends were able, willing, and anxious to give them every comfort.

They were denied the privilege.

Refused all communication with their friends, relatives, or counsel, they were forced to live in these horrid cells night and day, prostrated by heat and maddened by myriads of mosquitoes.

The calls of nature were attended to in a bucket, which was removed but once in twenty-four hours.

At McPherson Barracks we were placed in cells five feet eleven inches wide by ten feet long.

These cells were afterward divided, reducing their width to two feet ten inches.

This is terrible, but true.

Upon the arrival of the officer sent from Washington to investigate the arrests, the partitions were removed.

Neither bed or bedding was furnished for from two to five days.

We were not permitted to see our friends, family, or counsel until after memorials to Congress had aroused the whole country to the enormity of the outrage.

Even after this, our letters, breathing the affection and sympathy of a wife or mother, were subjected to inspection.

The prison sink was immediately at our cell doors and emitted a stench that was horrible.

At times, when some humane soldier was willing to transcend his orders and give us a breath of fresh air to soothe our distended, bursting veins, we would ask him to close the door, preferring to risk suffocation rather than endure the intolerable smell.

 

During all this time we were ignorant of the charges against us.

Of course we accepted the common rumor that our arrest grew out of the murder of Ashburn, but after our counsel was permitted to visit us no definite line of defense could be planned in the absence of all specifications.

We were furnished with a copy of the charges against us on the 27th day of June, our trial having been set for the 29th.

The intervening day was Sunday and we were 140 miles from the scene of the murder and the residence of our witnesses.

Several of the undersigned never saw the detective, Whitley, until weeks after their arrest.

When they did meet him he never presumed to treat them with disrespect.

Recent developments, new to us, have shown him to be infamous, and his treatment of suborned witnesses will be proven by those who know the facts.

Our friends and the press have not exaggerated the barbarity with which we were treated, but

 

page 14

 

they should not throw the responsibility upon a contemptible detective, who would only glory in the notoriety his infamy would give him. We fly for higher game. Gen. Meade told Gen. R. H. Chilton (during the war Gen. Lee's Adjutant), upon the eve of his departure from Atlanta, that he had left full instructions with Gen. Sibley concerning the disposition of the Columbus prisoners.

These instructions controlled our treatment, and leave no issue as to the question of responsibility.

At the proper time, and in a manner that will not intrude upon your valuable space, we will make good our position, and will show conclusively that this unparalleled persecution was attempted solely and entirely for political purposes.

 

The officers and soldiers of the garrison were as kind as their orders would permit, and respectful, with but few exceptions. Gen. Dunn's courtesy during the trial, especially after Duke's alibi, was in strong contrast with the vindictive, ungenerous, and unmanly conduct of Joe Brown.

 

Of the able and untiring efforts of our counsel, we can not speak in too high praise.

 

To the people of Georgia, and especially to our good friends in Atlanta, we return our sincere thanks for their sympathy and assistance.

 

W.D. Chipley,
C. C. Bedell,
R. A. Wood,
E. J. Kirksey, M. D.
R. Hudson,
J. L. Wiggins,
Alva C. Roper,
W. A. Duke,
James W. Barber.

 

 

 

Radical rule : military outrage in Georgia, arrest of Columbus prisoners ; with facts connected with their imprisonment and release

Chapter 2

page [15]

 

PROCEEDINGS OF THE MILITARY COMMISSION.

COUNSEL FOR THE DEFENSE.

  • ALEXANDER H. STEPHENS,
  • JAMES M. RAMSEY,
  • HENRY L. BENNING,
  • MARTIN J. CRAWFORD,
  • R. J. MOSES, Sr.,
  • MARSHALL J. WELLBORN,
  • JAMES M. SMITH,
  • WM. U. GARRARD,
  • LUCIUS J. GARTRELL.

Part 1

 

The Military Commission convened at McPherson Barracks, Atlanta, Georgia, June 29th, 1868, by virtue of the following orders:

Headquarters Third Military District,
Department of Georgia, Florida, and Alabama.
Atlanta, Georgia, June 23, 1868.

[ Extract]

Special Orders, No. 136.

 

II. A Military Commission is hereby appointed to assemble at McPherson Barracks, Atlanta, Georgia, at 10 o'clock a. m., on Monday, the 29th day of June, 1868, or as soon thereafter as practicable, for the trial of such prisoners as may be brought before it by orders from these headquarters. The Commission will sit without regard to hours.

detail for the commission.

1. Brevet Brigadier General Caleb C. Sibley, Colonel 16th Infantry.

2. Brevet Brigadier General Rufus Saxton, Major and Quartermaster U. S. Army.

3. Brevet Brigadier General John J. Milhau, Surgeon U. S. Army.

4. Brevet Colonel John R. Lewis, Major 44th Infantry.

5. Brevet Lieutenant Colonel Robert E. A. Crofton, Captain 16th Infantry.

6. Brevet Major Samuel E. St. Onge, Captain 16th Infantry.

7. Brevet Major George M. Brayton, Captain 33d Infantry.

Brevet Brigadier General William McKee Dunn, Assistant Judge Advocate General of the army, is appointed Judge Advocate of the Commission.

 

By order of Major General Meade.

R. C. DRUM,
Assistant Adjutant General.

Official: W. W. sanders, A. A. I. G.

 

Headquarters Third Military District,
Department of Georgia, Florida, and Alabama.
Atlanta, Georgia, June 26, 1868.

[ Extract]

Special Orders, No. 139.

1. Brevet Brigadier General Elisha G. Marshall, Colonel U. S. Army, is hereby detailed a member of the Military Commission instituted in Special Orders No. 136, current series, from these headquarters, in place of Brevet Brigadier General Rufus Saxton, Major and Quartermaster U. S. Army, here-by relieved from that detail.

 

By order of Major General Meade.

R. C. DRUM,
Assistant Adjutant General.

Official:

W. W. Sanders, A. A. I. G.

McPherson Barracks, Atlanta, Ga.,
June 29, 1868, 10 o'clock a. m.

"

The Commission met pursuant to the foregoing orders:

PERSENT.

1. Brevet Brigadier General Caleb C. Sibley, Colonel 16th Infantry.

2. Brevet Brigadier General Elisha G. Marshall, Colonel U. S. Army.

3. Brevet Brigadier General John J. Milhau, Surgeon U. S. Army.

4. Brevet Colonel John R. Lewis, Major 44th Infantry.

5. Brevet Lieutenant Colonel Robert E. A. Crofton, Captain 16th Infantry.

6. Brevet Major Samuel E. St. Onge, Captain 16th Infantry.

7. Brevet Major George M. Brayton, Captain 33d Infantry.

Brevet Brigadier General William McKee Dunn, Assistant Judge Advocate General of the Army, Judge Advocate.

page 16

 

The Commission then proceeded to the trial of Elisha J. Kirksey, Columbus C. Bedell, James W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, and Robert A. Wood, who being called into court, and having heard the foregoing orders read, and also the following charge and specification against them, and the indorsement thereon:

Charge.--Murder.

Specification.--In this, that the said Elisha J. Kirksey, Columbus C. Bedell, Jas. W. Barber, William A. Duke, Robert Hudson. William D. Chipley, Alva C. Roper, Jas. L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, on the 31st day of March, 1868, in the city of Columbus, in the county of Muscogee, State of Georgia, in and upon one George W. Ashburn, then and there being in the peace of the said State, feloniously and willfully did make an assault; and did then and there feloniously, unlawfully, willfully, and with malice aforethought, discharge pistols loaded with powder and leaden balls at the said George W. Ashburn; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the left leg, above and near the ankle joint; and with the said balis discharged as aforesaid, did wound the said George W. Ashburn in the lower part of the nates; and with the said balls, discharged as aforesaid, did wound the said George W. Ashburn in the forehead, which said wound, inflicted in the forehead as aforesaid, was mortal, and of which said mortal wound, inflicted in the manner and form aforesaid, the said George W. Ashburn, then and there died; and the said Elisha J. Kirksey, Columbus C. Bedell, James W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, the said George W. Ashburn, in the manner and form aforesaid feloniously, unlawfully, willfully and of their malice aforethought, did then and there kill and murder, contrary to the laws of said State, the good order, peace, and dignity thereof.

[Signed.] Wm. H. Smythe,

Captain 16th Infantry, and Brevet Major U.
S. A., Acting Judge Advocate.

Indorsement --Respectfully referred to Brevet Brigadier General Dunn, Judge Advocate of the Commission for trial.

By order of Major General Meade.

[Signed.] R. C. DUNN, A. A. G.

Third Military District, June 27, 1868.

--Were severally asked if they had any objection to be tried by any member present named in the orders; to which they severally replied in the negative, but stated that in making no such objection, they did not waive any right to object to the jurisdiction of the Commission.

The members of the Commission were then severally duly sworn by the Judge Advocate, and the Judge Advocate was duly sworn by the President of the Commission, all of which oaths were administered in the presence of the accused.

Eugene Davis was duly sworn by the Judge Advocate as phonographic reporter for the Commission, which oath was administered in the presence of the accused.

The accused then applied for permission to introduce as counsel, Messrs. A. H. Stephens, M. J. Crawford, J. M. Smith, H. L. Benning, R. J. Moses, J. N. Ramsey, and L. J. Gartrell.

Permission having been granted, Messrs. A. H. Stephens, M. J. Crawford, J. M. Smith, J. N. Ramsey, and L. J. Gartrell, were introduced and took their seats as counsel for the accused; Messrs. H. L. Benning and R. J. Moses being absent.

The Judge Advocate requested permission to introduce Joseph E. Brown, and Brevet Major W. H. Smythe, Captain 16th Infantry, as assistants to the Judge Advocate.

The accused were then arraigned on the following charge and specification, which charge and specification, and the indorsement  thereon, were read aloud by the Judge Advocate in the presence of the accused.

Charge.--Murder.

Specification.--In this: that the said Elisha J. Kirksey, Columbus C. Bedell, Jas. W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, on the 31st day of March, 1868, in the city of Columbus, in the county of Muscogee, State of Georgia, in and upon one George W. Ashburn, then and there being in the peace of the said State, feloniously and willfully did make an assault; and did then and there feloniously, unlawfully, willfully, and with malice aforethought, discharge pistols loaded with powder and leaden balls at the said George W. Ashburn; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the left leg, above and near the ankle joint; and with the said balls discharged as aforesaid, did wound the said George W. Ashburn in the lower part of the nates; and with the said balls, discharged as aforesaid, did wound the said George W. Ashburn in the forehead, which said wound, inflicted in the forehead as aforesaid, was

page 17

 

mortal, and of which said mortal wound, inflicted in the manner and form aforesaid, the said George W. Ashburn, then and there died; and the said Elisha J. Kirksey, Columbus C. Bedell, James W. Barber, William A. Duke, Robert Hudson, William D. Chipley, Alva C. Roper, James L. Wiggins, Robert A. Wood, Henry Hennis, Herbert W. Blair, and Milton Malone, the said George W. Ashburn, in the manner and form aforesaid feloniously, unlawfully, willfully and of their malice aforethought, did then and there kill and murder, contrary to the laws of said State, the good order, peace, and dignity thereof.

[Signed.] Wm. H. Smythe,

Captain 16th Infantry, and Brevet Major U.
S. A., Acting Judge Advocate.

Indorsement.--Respectfully referred to Brevet Brigadier General Dunn, Judge Advocate of the Commission for trial.

By order of Major General Meade.

[Signed.] R. C. Drum, A. A. G.

Third Military District, June 27, 1868.

The counsel for the accused here asked that they may be allowed until to-morrow to file their answer or plea to the charge, for the following reasons, viz: that Alex. H. Stephens, who had been assigned to the position of leading counsel for the accused, had had no personal acquaintance with any of the prisoners until he met them in the court-room, and had never seen the charges until a short time ago--this morning.

The Commission was then cleared, and after deliberation the doors were again opened, and the Judge Advocate announced to the accused in open court, that the request of counsel was granted.

The Commission then adjourned until to-morrow (Tuesday, the 30th inst.) at 10 o'clock a. m.

 

McPherson Barracks, Atlanta, Ga.,
10 o'clock a. m., June 30, 1868.

Commission met pursuant to adjournment.

Present, same members as yesterday, the Judge Advocate, the prisoners on trial, and their counsel.

The record of yesterday's proceedings was read and approved.

The Judge Advocate then asked permission to introduce John D. Pope, of the firm of Brown & Pope, as assistant to the Judge Advocate. Permission having been granted, he was accordingly introduced and took his seat as assistant to the Judge Advocate.

The accused asked permission to introduce Marshall J. Wellborn as additional counsel for the defense.

 

Permission having been granted, he was accordingly introduced and took his seat as additional counsel for the defense.

The counsel for the accused then entered the following plea to the charge and specification, which is appended and marked document "A."

The Judge Advocate stated that it would be necessary for each of the accused to plead separately to the charge and specification. The accused were then severally asked by the Judge Advocate how they pleaded to the charge and specification which was read to them yesterday. The accused then severally pleaded as follows:

To the specification, "Not guilty."

To the charge, "Not guilty."

 

Examined by the Judge Advocate.

Charles Marshall, a witness for the prosecution, was then called, and having been duly sworn, testifies as follows:

Q. What is your name, your age, and your occupation? A. Charles Marshall; age, twenty-seven; occupation, soldier.

Q. In what service are you a soldier, how long have you been in that service, and to what company do you belong? A. The United States service; in that service since 1861; belong to company G of the 16th infantry.

Q. Where have you been on duty during the last year? A. In Columbus, Ga.

Q. Were you acquainted with George W. Ashburn, late of Columbus, Ga.? A. Yes, sir.

Q. Were you present at his death? A. Yes, sir.

Q. Did he die a natural death or a death by violence? A. By violence, sir.

Q. State how you came to be present at his death. A. I was induced to go there, sir.

Q. Who induced you to go there? State all the circumstances attending the death of Ashburn, so far as you know them. A. The first person that spoke to me about it was Doctor Kirksey, about three weeks before the affair took place; I had another interview with him about three days before it took place. The night that the affair took place I went down there, about between the hours of half past eleven and half past twelve, as near as I can judge; I met a party in a vacant lot near the house--the party that committed the deed; we then crossed the street; one of the party asked for admission into the

 

page 18

 

house--knocked at the door; the answer came from the inside, "Who is there?" The answer was then made by the party outside, "Mary Tillinghurst," or some such name as that; I can't exactly remember the name; the party inside asked, "What do you want?" the answer was then made, "I want to see Hannah Flourney." She says, "I can't let you in; it's too late," or "at this time of night," I am not positive which, but it was one of those two. The party outside made answer and said: "If you don't let me in I'll break the door down." The panel of the door was then broken and the door opened. There were three rooms in the house. As soon as the door was broken open the party made through the house to where Mr. Ashburn's room was; it was the third room, in the rear of the house; he asked, "Who comes there?" and then opened the door and stepped back. There was a round table in the middle of the floor and he lit a candle; the candle was sitting on the table. As soon as the door was open one of the party made the remark, "There's the d--d s--t." Ashburn was behind the table that time, when the firing commenced. As soon as the firing commenced he fell; after he was down one of the party stooped down to the side of the door and fired. There were from ten to fourteen shots fired altogether, as near as I can recollect. After that was over I went out of the house immediately; went across toward the Perry House and up Jackson street to my quarters--the court-house. In the first part of my statement I forgot to say that there was a coat handed to me nearly opposite the house as I went down.

Q. You say that the first person who spoke to you of this matter was Doctor Kirksey? A. Yes, sir.

Q. If he is present, point him out. A. There he is, sir (pointing to one of the accused).

Q. How long was that, did you say, before the death? A. About three weeks.

Q. Where did the interview first spoken of, between you and Dr. Kirksey, take place? A. On Broad street, Columbus, Ga.

Q. What did Dr. Kirksey say to you in that interview? A. Well, sir, he spoke of getting Ashburn "out of the way."

Q. What did he say about getting Ashburn "out of the way?" A. He spoke of

 

a party being gotten up for that purpose, sir.

Q. What did he say about the party? A. He didn't mention no names to me, sir.

Q. Do you know whether Dr. Kirksey asked any person to join the party? A. He asked me.

Q. What did he say to you about joining the party? A. He told me it would be all right if I did.

Q. Anything else? A. Yes, sir; that I hadn't long to serve in the army, and could come back to Columbus to live.

Q. Did he state any reason why Ashburn should be put out of the way? A. No, sir; not directly there.

Q. Did he say anything about the number who would probably be of the party to dispose of Ashburn? A. He said there would be a crowd, sir; that was all.

Q. Did he name any person who would be of the crowd? A. No, sir.

Q. Was there anything said in that conversation by Dr. Kirksey in regard to any reward or profit that you or any one else might get by joining in the party against Ashburn? A. Nothing more than that I would be all right, sir; have anything I wanted.

Q. When did the second interview with Dr. Kirksey, of which you have spoken, take place? A. A few days before the affair took place, sir.

Q. Where? A. On Broad street.

Q. State what passed between you in that interview? A. He told me that the party was made up and the affair would soon take place, and that when it did I should know of it.

Q. Did you afterward get notice when the "affair," as you call it, was to take place? A. Yes, sir.

Q. How, when, and where did you get that notice? A. At my quarters, about a little before three o'clock on the afternoon of the 30th, the day it took place; it was brought to me by a negro boy.

Q. Brought, how? A. It was wrapped up in a piece of brown paper; there was a mask with writing on a piece of paper on the inside of it; the writing stated, "meet to-night at twelve o'clock."

Q. What has become of that writing? A. I tore it up, sir, as soon as I read it.

Q. State, if you remember, what that writing contained? A. Meet to-night at twelve o'clock, sir.

page 19

 

Q. Did you know the negro boy who left the bundle, as you have said? A. I did not, sir; had never seen him before as I know of.

Q. What kind of a mask was it? A. An ordinary false-face, sir, made out of pasteboard.

Q. Was there any signature to the notice you say you received? A. No, sir.

Q. Did you know the handwriting? A. No, sir.

Q. Did you act upon the notice you have mentioned, and if so when did you go and whom did you meet? A. I left my quarters that night between half past eleven and twelve o'clock; went over toward the Perry House, which is across from the place where this occurrence took place; I met this party in a vacant lot opposite from the house on the other side of the street. Before I met the party I was handed a coat.

Q. Who was the person who handed you a coat? A. Henry Hennis.

Q. How did he come to hand you a coat? A. I met him just below the Perry House and he handed me the coat and said, "put this on."

Q. Had you any previous arrangement with him about a coat for that occasion? A. Not with him I hadn't, sir.

Q. Had you with any person, and if so, with whom? A. Yes, sir; I told Dr. Kirksey I wanted a rig, and he told me it would be there for me.

Q. Why did you want a "rig?" A. Because I didn't want to wear my uniform, sir.

Q. When did Dr. Kirksey inform you that there would be a rig there for you? A. At the second interview I had with him.

Q. What do you mean by a "rig?" A. I mean a suit, sir.

Q. What kind of a coat was the one given to you, as you have said? A. It was a grayish coat, sir; an English walking coat.

Q. What kind of buttons did it have on? A. The buttons were of bone; what their color was I don't know.

Q. Large or small buttons? A. Rather large, sir. I would not be positive about the exact size.

Q. What kind of pantaloons and covering for the head did you have on at that time? A. I had on a black slouched hat and a pair of dark pantaloons--not uniform.

Q. Whom else did you meet there about the time Hennis gave you the coat? A. About a few minutes afterward--a very short time afterward--I met the other party. I met Hudson, Duke, Barber, Bedell, Dr. Kirksey, and Milton Malone. [Here the witness, at the request of the Judge Advocate, identified each of the parties just named as being among the accused.]

Q. Where did you meet those persons whom you have named and pointed out? A. I met them in a vacant lot across from the house.

Q. What house? A. The house where Ashburn was killed.

Q. How far from that house? A. I should judge two hundred yards, one hundred and fifty, somewhere along there.

Q. Where did you proceed from there? A. To the house, sir.

Q. What house? A. Where Ashburn was killed.

Q. Where is that house situated? A. On Oglethorpe street, in the city of Columbus; I forget the name of the streets it is between.

Q. Describe the house as to how it stands with reference to the points of the compass, the number of rooms, and particularly as to the room in which Ashburn was killed. A. The house stands on the west side of the street; it is a one-story frame house, three rooms; the front door is in the center; I am not positive whether there were two windows in the front or not; there is a side door in the third room leading into an alleyway; as regards the back of the house I know nothing; the door of the second room faces the front door as it opens; the front door opens to the right, and the door of the second room opens to the left; the door of Mr. Ashburn's room opened to the left; the door of his room is toward the left side of the house as you go in, it doesn't face the door of the second room; there is a fire-place in the center of the back room in which Mr. Ashburn was killed; those are about all the points I know of.

Q. Does the house stand lengthways with the street or endways to the street? A. Endways to the street.

Q. Did you go into the house you have described the night Ashburn was killed? If so, state when you entered, and what

page 20

 

other persons, if any, went in with you. A. I did, sir, somewhere in the neighborhood of midnight; the parties that went in with me are those that I have mentioned; there were others there, but those I could not recognize, and don't know who they are; there were from twenty to thirty in the party.

Q. Did you see anything of George Betz that night? and if so, where did you see him? A. I saw him there in the party, sir.

Q. Was he in the house with you? A. Yes, sir.

Q. Were there any others in the house besides those you have named? A. Yes, sir.

Q. Name them. A. I could not name them, sir; I am not positive who they were.

Q. Why don't you know who they were? A. It was impossible for me to know all of them, sir.

Q. Why was it impossible? A. There was too large a party, and I was not in the party only a short time before the affair commenced.

Q. How large was the party? A. From twenty to thirty, sir.

Q. Were any of them disguised? A. Yes, sir, all that I saw and talked with were disguised in a manner.

Q. How were they disguised? A. By masks, the majority of them.

Q. Were there any persons in the house besides Ashburn when you entered it? A. Yes, sir.

Q. State who? A. There was a colored woman and a white woman.

Q. Do you know their names? A. I have heard their names, sir; the white woman's name was Amanda Patterson, the colored woman's name Hannah Flourney.

Q. Did you see any man in the house besides the party you were with and Ashburn? A. I did not, sir.

Q. What did your party do after they entered the house? A. Proceeded to the back room where Mr. Ashburn was.

Q. Tell what took place there? A. The firing commenced there, and he was killed there, sir.

Q. Who fired upon him? A. A party in the door.

Q. In what door? A. The door of his room, sir.

Q. Who constituted that party? A. Myself, Duke, Barber, Hudson, and another

 

man, I am not positive who it was. I rather think it was Betz, but I am not positive about it.

Q. Did all those persons fire on Ashburn? A. Yes, sir.

Q. State what conversation, if any, took place between Ashburn and your party previous to his death? A. The remark he made was, "Who comes there?" then he opened the door and stepped back and one of the party then made the remark, "There's the d--d s--t," and then the firing commenced.

Q. Who was the person who made the vulgar remark you have just mentioned? A. Hudson, sir.

Q. How were your party armed? A. With revolvers.

Q. Did you see Ashburn that night after he was dead? A. I saw him fall, sir.

Q. Did you see any other persons go into the room after Ashburn fell; and if so, who were they? A. I seen two look into the room; there was not any person went into the room as I know of; I would not be positive whether any went in or not.

Q. Who were the two persons who you say looked into the room after he fell? A. Kirksey and Bedell.

Q. Did either of them do or say anything? A. No, sir; somebody made the remark then, "Come on, boys," and the party went out.

Q. Was it immediately after Ashburn fell that Kirksey and Bedell looked into the room where he was? A. Yes, sir.

Q. Was there a light in Ashburn's room at the time the assault was made upon him, and if so, what kind of a light was it? A. Yes, sir; a candle.

Q. How long did your party remain in the house after Ashburn was killed? A. Hardly any time at all, sir.

Q. Where did they go to from there? A. They dispersed, sir.

Q. Where did you go? A. I went home, sir, to my quarters.

Q. You say, I believe, in your previous evidence, that one of your party stooped down and fired at Ashburn; who was that? A. It was Hudson, sir.

Q. Where was Ashburn at the time Hudson so fired? A. He was behind the table, sir, lying on the floor.

Q. Did Hudson make any remark at the time he fired? A. No, sir.

Q. Could he have shot Ashburn without stooping down, after Ashburn

page 21

 

fell? A. The table was in the way, sir.

Q. Did you see the remains of Ashburn after that night? A. No, sir.

Q. Did you have any conversation with any of the other parties connected with the assassination of Ashburn previous to the meeting for that purpose? A. No, sir.

Q. Had you heard the matter of disposing of Ashburn discussed previous to that night? A. No, sir; not particularly.

Q. What induced you to take part in the killing of Ashburn? A. Well, sir, there was a great many inducements.

Q. State them. A. The various associations I had, sir; I always had it instilled into my mind that he was better out of the community than in it.

Q. To what associations do you refer? A. People in town, sir.

Q. Was there any sort of organization that you know of where the propriety of getting clear of Ashburn was discussed or considered? A. Not as I know of, sir.

Q. How did it get instilled into your mind that Ashburn should be disposed of? A. Well, sir, by conversation I had with different people; all my companions were outside of my company; I attended very little to my duty as I should have done, and I was warned by my commanding officer to stop my associations, but I failed to do that, and kept headlong in my course, which brought me where I am; had I taken his advice I should have done right instead of wrong.

Q. Were any of these men on trial your associates in Columbus? A. I used to speak to them; would meet them very frequently, nearly all of them.

Q. Have you had much acquaintance with the defendant Chipley? A. No, sir, I have not; I never spoke to him in my life until after the occurrence.

Q. What conversation did you have with him after the occurrence? A. I merely spoke to him up in the court-house when he was under arrest; merely passed the time of day with him, sir.

Q. Have you had no other conversation with him? A. No, sir.

Q. Since this occurrence have you received any valuable presents from any person in Columbus; if so, state what? A. I received a watch since that occurrence, sir.

Q. What kind of a watch? A. A gold hunting-case watch.

 

Q. Worth about how much? A. Three or four hundred dollars, sir.

Q. Who gave it to you? A. It was handed to me by a clerk in a jeweler's store.

Q. State his name, when and where he handed the watch to you? A. Ingmire is his name; he handed me the watch on the night of the 24th of April, in front of the Presbyterian Church.

Q. Do you know who provided that watch for a present to you? A. I do not, sir.

Q. Did any person tell you before you received it that it was to be presented to you? A. Yes, sir; several spoke to me about it.

Q. Name them. A. Barber and a young gentleman named Gunby spoke to me about it; said that I would receive it; a man by the name of Williams spoke to me about it also.

Q. Was there anything besides the watch given to you at that time? A. A chain, sir, with the watch.

Q. Was Mr. Ingmire a particular friend of yours? A. No, sir; I was not much acquainted with him.

Q. Did you receive any other present of value, at the death of Ashburn, from any of the citizens of Columbus? A. No, sir; I received no present.

Q. Did you not receive money? A. Yes, sir; I received that in form of a loan.

Q. How much, and from whom? A. I received one hundred dollars from Mr. Wilkins, formerly Mayor of the town.

Q. How did you, a private soldier, come to have such good credit with Mr. Wilkins? A. I don't know, sir; I asked him for the loan of it, and he told me I could have it.

Q. Did he let you have it immediately upon your asking for it? A. No, sir; about a week afterward.

Q. What conversation passed between you at the time you asked for this loan? A. I asked him for the loan of it, saying that I wanted to go home on furlough. He says, "I will let you have it before you go."

Q. Had you and the Mayor been on intimate terms previously? A. Yes, sir.

Q. Did anybody else suggest to you to apply to him for a loan? A. No, sir.

Q. Did you go home on furlough, and if so, when? A. Left on the 25th of April and returned about the 24th of May.

Q. How did it happen that you and the

page 22

 

Mayor were on such good terms? A. Nothing as I know of, sir.

Q. Have you ever returned the money so borrowed, or have you ever been asked to return it? A. No, sir.

Q. Did you give any note or surety for the loan? A. No, sir.

Q. What did Ingmire say to you when he handed you the watch and chain? A. He told me to take it; that is about all the remark he made: "Take this and take care of it."

Q. Didn't he tell you, or intimate to you, who the present was from? A. He said it was from my friends.

Q. Did he tell you, or did you know, what friends he referred to? A. No, sir; none particular.

Q. When were you to pay the money borrowed from the Mayor? A. There was no time mentioned, sir.

Q. Has he applied to you since you returned for payment? A. No, sir.

Q. Has any person, for him, applied to you for payment? A. No, sir.

Q. Have you seen him since you returned? A. Yes, sir; frequently.

Q. State the day of the month and the day of the week, if you can, when Ashburn was killed? A. It was Monday, the 30th of March, 1868.

Q. Was he killed before or after midnight? A. It was about midnight; Monday was the 30th, and it was the night between Monday and Tuesday that he was killed.

Q. Do you know what county and State Columbus is in? A. State of Georgia; I believe it is in Muscogee county, sir; I am not certain.

Q. Were your intérviews with Kirksey in the day time or in the night, and was any person present at either interview? A. In the day time; no person was present at the interviews.

Q. How long had you been acquainted with Kirksey? A. About a year, sir--nearly a year.

Q. How many shots were fired at Ashburn? A. About ten or fifteen.

Q. Do you know how the pistols were loaded that were fired at him? A. No, sir; I couldn't say that.

Q. Can you say as to your own? A. Yes, sir; mine was loaded with powder and ball, an oblong leaden ball.

Q. How many shots did you fire at Ashburn? A. I fired one, sir.

 

Q. Do you know whether your shot struck him? A. I do not, sir.

Q. Have you had any conversations with any of these prisoners about the killing of Ashburn since the occurrence? A. No, sir.

Q. Did all the persons engaged in this affair enter the house that night? A. No, sir.

Q. Did you see any others about except those in the house with you? A. There were some others at the side.

Q. How do you know that? A. Because the side door was broken in.

Q. What door do say was broken in? A. The side door; the door from the alley into Ashburn's room.

Q. When was that door broken in? A. During the firing, sir.

Q. Was it thrown open? A. I would not swear whether it was or not; I am not positive.

Q. Could you recognize the persons outside, about the door broken in? A. No, sir.

Q. Does the size and form of any one of the prisoners here, whom you have not identified [indentified], correspond with those of any person whom you saw in the house, and whom you then did not recognize? A. Yes, sir; I saw one man that night I thought was Mr. Chipley; I would not be positive, but I thought so from the size of the man.

Q. Was the person whom you thought was Mr. Chipley disguised, and if so, how? A. Yes, sir; disguised with a mask.

Q. Who seemed to be the leader of your party? A. This man I speak of.

Q. Which man? A. The man I supposed to be Chipley.

Q. What did this leader do? A. He appeared to have all the say in the party, sir.

Q. Was there much noise or talk in your operations? A. No, sir; excepting when there was knocking at the door; that was the only noise that was made of any account.

Q. Was there any shouting or noise made by your party after the affair was over? A. No, sir; not as I heard.

Q. Do you know what was the object of this party in killing Ashburn? A. The object was to kill him; that was all, I suppose.

Q. Why were they so anxious to kill Ashburn? A. Well, sir; most everybody held an animosity against him.

  page 23  

 

Q. What was the cause of this animosity; do you know? A. He was politically opposed to the majority of the people, sir.

Q. Was that the reason for this organization to kill him? A. That is all the reason, I suppose, sir.

Q. What makes you so suppose? A. From hearsay.

Q. Why did you take part in killing him? A. I don't know, sir; the influence was so great over me I suppose, I could not resist it; I didn't resist it anyhow.

Q. What influence? A. My associations, sir.

Q. Were those influences social or political? A. Both, sir.

Q. Were you opposed to Ashburn politically? A. I was, sir.

Q. Was that fact well known among your associates in the city? A. Yes, sir.

Cross-Examination by A. H. Stephens for
the Defense.

Q. Did you not have a personal difficulty with Ashburn? A. Yes, sir, I had.

Q. Did you not slap his jaws, or strike him the evening before he was killed? A. I can not say whether I struck him or not, sir, when I had the difficulty with him; it was early in the afternoon and I was under the influence of liquor; it was about half past three in the afternoon.

Q. Where did this occur? A. In the upper part of the city, in Broad street.

Q. Whose house was it at? A. In nobody's house; it was on the street.

Q. Was it not at Jack Clark's grocery? A. No, sir.

Q. Were you or not too much intoxicated to recollect distinctly what occurred, or where it occurred? A. No, sir, I was not; I recollect where it occurred.

Q. But you do not recollect whether you slapped his jaws or not? A. No, sir; I think I didn't.

Q. Do you now recollect whether you struck him at all or not? A. I did strike him, sir.

Q. Did you or not say to Wm. H. Williams, captain of the fire company in Columbus, that you intended to kill Ashburn, or words to that effect? A. I might have said so that night; I would not swear to it though; I don't remember it.

Q. Did Ashburn shoot or fire his pistol in the crowd that entered his room? A. I think not, sir.

 

Q. Did he have a pistol or did you see a pistol in his hands? A. I did not see a pistol in his hands.

Q. Are you certain and positive that you say Kirksey, Duke, Barber, and Hudson, the accused now before you, in the house where Ashburn was killed that night? A. I did not see them all in the house; I saw some in the house and some outside.

Q. Which were in and which out? A. Duke, Hudson, and Barber, were inside; they were in the door leading out of the second room into the third; I saw them all before I went in; Kirksey and Bedell were in the second room; myself, Barber, Hudson, Duke, and this man, I take for Betz, were standing right in the door where the shooting took place; the other two were in the room, and Malone was in that room too, in the second room.

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. Are you just as positive in this statement as in any you have made? A. I am, sir.

Q. Had you any intimacy or personal association with Hudson? A. Not of any account; I have seen him hundreds of times.

Q. Did you ever spend five minutes of conversation with him in your life? A. I don't know as I have, sir.

Q. Who did you say talked with you about the present of the watch you have testified about? A. A young man named Gunby, and Barber also told me I would receive it.

Q. You said somebody else on your direct examination whose name I did not hear; who was it? A. Mr. Williams, I think, sir.

Q. Which Williams? A. One of two brothers, I don't know his first name, but think it is Dan. Williams.

Q. What Gunby do you refer to? A. His father keeps a store on St. Clair street; I don't know his first name.

Q. Is it the son of Robert M. Gunby? A. I don't know, sir; I don't know his first name.

Q. Where is the storehouse located that his father occupies? A. In St. Clair street, below Broad, toward the river.

Q. These are the parties that told you beforehand that the watch would be given to you? A. Yes, sir.

Q. When did you say the watch was

  page 24  

 

given to you? 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 of the Constitution, and election of officers of the State under it, closed? A. It was the night of the day after, sir; the election closed on Thursday and this was on Friday night.

Q. Had you not been very active before the election, and during its four days' duration, in opposition to the adoption of the Constitution and in co-operation with all these parties? A. Yes, sir.

Q. What was your position in your company before the election? A. First Sergeant, sir.

Q. Were you arrested during the election, and by whose orders, and for what? A. I was arrested by Captain Mills and reduced to First Duty Sergeant by his order, for trying to influence the election--that is what he charged me with.

Q. Was or was not Mayor Wilkins an opponent of the Constitution? and did not the opponents of that measure generally express sympathy with you because of the treatment you received for the course you had taken? A. Yes, sir.

Q. After you were reduced to the position of Duty Sergeant, did you not immediately apply for a furlough? and do you not know that the money Mayor Wilkins let you have was raised by contribution among the people? A. I applied for a furlough about a week before I was reduced; I do not know that the money Mayor Wilkins let me have was raised by contribution among the people.

Q. When did you get the furlough? A. It dated from the 25th of April, sir.

Q. That was how many days after you were reduced? A. About three days, sir.

Q. How long after this was it Mayor Wilkins let you have the money, and did you or not tell him you wanted it to bear your expenses home? A. He gave it to me on Friday night, the night of the 24th of April; I told him that I wanted it to take me home.

The counsel for the accused asked that the Commission adjourn until tomorrow.

The Commission retired for deliberation, and on returning the Commission adjourned to meet to-morrow morning at 10 o'clock.

 

Part 3

McPherson Barracks, Atlanta, Ga.,
July 1, 1868, 10 o'clock, A. M.

The Commission met pursuant to adjournment.

Present--The same members as yesterday, the Judge Advocate, the prisoners on trial and their counsel. The record of yesterday's proceedings was read and approved.

Cross-Examination of Charles Marshall
resumed by the Defense.

Q. What was the character of the house where Ashburn was killed? A. I never was in the house before and know nothing of its character.

Q. What is its character by public reputation? A. I heard it spoken of as a had house.

Q. Is it not notoriously a house of ill-fame? A. Not as I know of; I have heard say so.

Q. Who is it reputed to be kept by? A. I believe this Hannah Flourney spoken of was the proprietress of the house; I have heard say so; I could not be positive about it.

Q. Is she the white woman or the colored woman? A. The colored woman.

Q. Did Mr. Ashburn live in that house? A. As far as I know he did, sir; I am not positive.

Q. Did you ever see Mr. Bedell before that night? A. Yes, sir.

Q. Did you ever speak to him in your life? A. Yes, sir.

Q. Before this occurrence? A. I think I have, sir, I won't be positive.

Q. When? A. I am not positive, sir, when.

Q. Where? A. In Columbus, sir.

Q. Whereabouts in Columbus? A. I will not specify any particular part, sir.

Q. Was it on the street or where he was engaged in business? A. If I have spoken to him it is on the street; I am not positive whether I spoke to him before that affair.

Q. If you had ever spoken to him do not you think you would recollect it? A. I am not positive, sir, I speak to a great many persons.

Q. Do you speak to a great many people that you are not made acquainted with--have no acquaintance with at all? A. No, sir.

Q. Would it be likely for you to have spoken to Mr. Bedell, having no acquaintance

  page 25  

 

with him? A. Well, sir; I have spoken to a great many persons in Columbus without any introduction.

Q. You are not positive that you ever did speak to him? A. Not positive; no, sir; I would not swear to it.

Q. What time in the evening was it when you had the difficulty with Mr. Ashburn? A. The forepart of the afternoon.

Q. About what hour? A. I should judge, between three and four o'clock; I would not be positive about the hour, sir.

Q. Where did you go after that interview with Mr. Ashburn? A. Went round town, sir.

Q. Where to; what place? A. Went to several places.

Q. Name any one? A. I stopped in a saloon--two saloons.

Q. What saloons? A. Stopped in at the "Arbor," sir, on St. Clair street, above Broad.

Q. Did you meet anybody there you knew? A. Met the bar-tender there.

Q. Anybody else? A. Not as I remember, sir.

Q. What other saloon did you go to? A. Cooke's Hotel, sir.

Q. Did you meet anybody there you knew? A. The man who kept the place, sir.

Q. Anybody else? A. Not as I remember; there was some one in there, sir, but I am not positive who they were.

Q. Where did you go then? A. Went down to my quarters.

Q. At what hour did you reach your quarters? A. I judge about five o'clock, sir; somewhere about then.

Q. Did you remain there until eleven o'clock, or half past? A. No, sir.

Q. Where did you go? A. I went down town, sir, to supper.

Q. Where did you take your supper? A. Took it in a friend's house, lower part of Jackson street.

Q. What is the name of your friend? A. MacSpadden, sir.

Q. At what time did you take supper? A, I judge between seven and eight o'clock.

Q. Where did you go then? A. Came out to my quarters about half past eight.

Q. Where did you go then? A. Remained there until after roll-call.

Q. When you went from your supper at MacSpadden's who went with you? A. Mr. Harris, sir.

Q. What was the hour of roll-call? A. Nine o'clock, sir.

Q. What became of you then? A. I. remained in my quarters about half an hour.

Q. Where did you go then? A. Went around on Broad street and got a drink, sir.

Q. Where at? A. A saloon called the "Ruby."

Q. Where did you go then? A. Went back to my quarters.

Q. Did you take another drink at the "Ruby"? A. I took one drink there, sir, and then went round to my quarters.

Q. Where did you say you stopped when you came to Broad street? A. I stopped at the "Ruby," sir; the saloon called the "Ruby."

Q. After nine o'clock? A. Yes.

Q. Where did you go then? A. Back to my quarters, sir.

Q. How long did you remain there? A. Until about half past eleven o'clock.

Q. Was that the time you left to go to the meeting of the party? A. Yes, sir; somewhere between eleven and twelve.

Q. Did you pass the sentry? A. I did, sir.

Q. Who was on sentry that night? A. I do not remember, sir.

Q. Were the men permitted to pass in and out any time of the night? A. No, sir; not generally.

Q. How were you allowed to pass? A. There was never any restriction on me passing out.

Q. How did that occur, that there was no restriction on your passing? A. I was in charge of the company then, sir.

Q. Where was the coat given you that you have testified about? A. Near the Perry House.

Q. You say Mr. Hennis handed that to you? A. Yes, sir.

Q. Which side of the Perry House? A. Above it, sir.

Q. In Oglethorpe street or Jackson street? A. In Oglethorpe street, sir; the Perry House is on Oglethorpe street, not on Jackson street.

Q. Did not you have three citizens' suits? A. No, sir.

Q. When you were working for the Democratic Club did not you tell them that you had citizens' suits to put on the soldiers to go out electioneering for them--three citizens' suits? A. I never knew I was working for the Democratic Club, sir.

  page 26  

 

Q. The question is, did not you tell one of the Democratic Club that you had three citizens' suits to put on soldiers? A. I didn't tell him I had the suits, sir; I told him I could get the suits.

Q. Did not you tell him that you had sent them out with these suits on? A. Not as I remember, sir.

Q. You say you did not know you were working for the Democratic Club; what interference was it that you had in the election that caused your arrest by Capt. Mills? A. The Captain accused me of trying to influence men to vote, sir.

Q. You stated yesterday, I believe, that you were co-operating with those parties that spoke to you about the watch in the election; were they or not known to be Democrats? A. Yes, sir, they were.

Q. In what way did you co-operate with them in the election? A. By endeavoring to influence the freedmen's votes, sir.

Q. How was the election conducted at the polls? A. Conducted as nearly all the elections were; there were sentries at the door and judges of election at the door.

Q. Was there a guard of soldiers in a row, through which the voters had to pass? A. There were two sentries, sir; there was no "row."

Q. Was it a matter of difficulty or not, to your knowledge, for a colored man who was going to vote the Demoeratic ticket to get access to the polls? A. No, sir.

Q. Was not your main business--being an officer--to conduct that class of voters to the polls? A. No, sir.

Q. Did you take any of that class of voters to the polls?

[Objection to the question was made by the Court and it was withdrawn.]

Q. You say these parties were masked? A. Yes, sir.

Q. What kind of masks did they have? A. Different kinds, sir.

Q. What were the kinds--some of them? A. I would not be positive what they were made of, sir.

Q. What sort of mask did you have? A. I had an ordinary pasteboard mask, sir.

Q. How many had the same kind? A. That I would not be positive of, sir.

Q. What sort of a mask did Bedell have? A. I would not be positive as to his mask, sir.

Q. Positive as to him and not as to his mask? A. Yes, sir.

Q. What sort of mask did Barber have?

A. Barber's mask I should judge to be one he made himself; I am not positive, but it looked to me like a concern he made himself; it was a dark affair.

Q. What sort of a mask did Hudson have? A. Hudson had a mask something like Barber's.

Q. What sort of a mask did Duke have? A. Duke's mask, sir, was a small mask; came about down just about the chin.

Q. What sort of a mask did Kirksey have? A. I would not be positive about his mask, sir.

Q. What sort of a mask did Malone have? A. Malone had a mask something like mine, sir.

Q. What sort of mask did Betz have? A. I did not see Betz full in the face, sir; could not swear to it.

Q. Who first spoke when the party left the vacant lot? A. The first remark that I heard was when we got to the house.

Q. Did nobody speak when you left the vacant lot? A. I am not positive of it, sir.

Q. Did anybody speak after you arrived there? A. There was something spoken, sir, but I am not positive as to what it was.

Q. Was there anything said by anybody when you left the vacant lot? A. Yes, sir, I said there was something said.

Q. Who said it? A. That I am not positive of.

Q. What was said? A. That I am not positive about.

Q. What became of Hennis after he gave you the coat? A. He joined the party, sir.

Q. Did he lead it? A. No, sir, I think not.

Q. After you got into the middle room of the house where Ashburn was, who opened the door into his bed-room? A. He opened it himself, sir.

Q. Who were with you in there did you say? A. I said there was Barber, Duke, Malone, Hudson, and this man I took for Betz.

Q. How was Betz dressed? A. The man I take for Betz had on a pair of plaid pantaloons and thin coat.

Q. Which of the parties entered the door of Ashburn's bed-room first? A. They entered about simultaneously; I could not swear to any one being in advance or in the rear.

Q. You and all the other parties? A.

  page 27  

 

Yes, sir; not all the others; it was impossible for all to get there at the same time.

Q. Which one went first, that is my question, and I repeat it? A. The man I took for Barber is the man who went first.

Q. Who next? A. That I am not positive about, sir.

Q. Where were you? A. Right there at the door, sir.

Q. Did either one get into Ashburn's room? A. No, sir, they remained on the threshold of the door.

Q. Did you all shoot standing there in the door? A. Yes.

Q. Did you shoot over anybody's shoulders? A. No, sir.

Q. Who was to your left? A. The man I took for Hudson.

Q. Who was to your right? A. The man I took for Barber.

Q. Then where were the others standing? A. Right in the rear of us.

Q. Did they shoot over your shoulders? A. They did, sir.

Q. But none of you got into the room? A. No, sir, no person got inside the room.

Q. Where was Ashburn when you first saw him? A. In the third room standing in the rear of the table.

Q. What sort of table was that? A. As near as I can remember it was a round table.

Q. What part of the room was it in? A. In the center of the room.

Q. What other furniture was there in the room? A. There was a bed, sir.

Q. What part of the room was the bed in? A. At the right hand as you went in the door?

Q. Any other furniture in it? A. I would not be positive, sir?

Q. Where was the candle when the door was opened? A. On the table, sir.

Q. Did it remain there all the time? A. I think it did, sir.

Q. What did you do with your mask? A. I threw it away, sir.

Q. Where did you throw it? A. In Jackson street.

Q. Threw it down in the street? A. Tore it up, sir, and threw it away.

Q. What did you do with the coat? A. I threw it off, sir, as soon as I left the house, sir.

Q. Left it in the street? A. I don't know whether it remained on the street or not.

Q. You threw it away in the street? A. I did, sir.

Q. In which street? A. Oglethorpe street.

Q. What did you strike Mr. Ashburn for, the evening before he was killed? A. I had some words with him, sir.

Q. Was it not because you knew that he was going to report you to Capt. Mills next day? A. No, sir; I never knew anything of the kind.

Q. Did not you tell Foster Chapman at his drug-store that evening, that that was what you struck him for, that he was going to report you next day to Captain Mills? A. No, sir; I did not; I told him I struck him, and that he was going to report me for striking him; and Foster Chapman told me I could get any bond I wanted if he did report me.

Q. Didn't you tell Foster Chapman then that you intended to kill Ashburn? A. I don't remember having told him anything of the kind, sir.

Q. Do you swear that you didn't tell Foster Chapman that Ashburn was going to report you, and that you would kill him, Ashburn? A. I swear that Ashburn said he was going to report me, and I told Mr. Chapman so, sir; but as regards my saying that I would kill him, I will not swear to.

Q. You will not swear that you did not tell him so? A. No sir; I will not.

Q. Did you not make a similar statement, or the same statement, to Van Marcus the same evening, and to Julius Clapp? A. I did, sir; I made the same statement as regards me having the fuss with Mr. Ashburn, and my striking him, and that he was going to report me for it; this took place in the interview I had with Mr. Clapp in the saloon under Cooke's Hotel, just below the drug-store; he and a party were playing cards in the back part of the saloon, and when I told him, he told me if I wanted bond I could have it.

Q. Was that the time that you passed by Cooke's saloon, as you have testified before? A. It was, sir.

Q. Was there a political meeting in Columbus that night? A. I heard say there was; I am not positive, sir.

Q. Which party had the meeting?

[Objected to by a member of the Court, and withdrawn.]

Q. Is it within your knowledge that Mr. Ashburn was at a public meeting that night? A. It is not, sir.

  page 28  

 

Q. You stated that he was a very unpopular man in Columbus, and that it was on account of his political principles being against the majority of the people; was not the majority of the same party with himself? A. Not the majority of those having influence, sir.

Q. Was, or not, the majority of those who voted at the polls of Mr. Ashburn's party? A. As far as I understand, sir, the returns of the election prove that they were.

Q. Is it within your knowledge that there was strong opposition to Mr. Ashburn within his own party? A. I never heard of any, sir.

Q. Do you know a Mr. Bennett? A. I do, sir.

Q. Did he live in this house with Mr. Ashburn? A. I do not know, sir.

Q. Did you see him in that room that night? A. No, sir.

Q. If he had been in the room, do you think you would have seen him? A. No, sir; there were plenty of opportunities for him to secrete himself, sir.

Q. Did you have any conversation with Bennett, about Ashburn, before? A. Never spoke to the man in my life, as I know of, before the affair took place.

Q. Was there anybody in the room that you first entered? Did you see anybody in it? A. Not when I first entered, sir.

Q. Did you see anybody in the second room? A. I did, sir.

Q. Who did you see there? A. I seen a white woman.

Q. Who was she? A. I would not swear to the woman, sir; never seen her before in my life, nor since, that I know of.

Q. Did you hear her name called that night? A. No, sir.

Q. Have you ever seen her since? A. Not to know her, sir; I seen a woman said to be her; but whether it is her or not I do not know.

Q. Would you know her if you were to see her? A. I do not think I would, sir.

Q. Did you see any other person; any other woman in the house that night? A. No, sir; I would not swear to it.

Q. Where did you first see this white woman? A. I seen her in the middle room, sir.

Q. Where did she go? A. She remained there, sir.

Q. What part of the room was she in?

A. In the right-hand side of the room, when I seen her.

Q. Did she do anything but stand still? A. I would not swear to what she done, sir; I passed her quickly; and then my back was to her, and what she did I am not positive of.

Q. Was she still there as you returned? A. She was, sir; there was a candle lit in that room.

Q. Did she say anything? A. Not that I heard.

Q. Do you state that you saw another woman, either white or colored, in either of the rooms? A. There was a colored woman got out of the side window as we got into the second room; she was not in the room at the time we got in; she got out the side window, on the right-hand side of the room.

Q. You saw a colored woman then get out of the window? A. Yes, sir.

Q. Who was it? A. I didn't know her then; I suppose it is this Hannah Flourney.

Q. Was she in the room again as you returned back? A. I didn't see her, sir.

Q. When did you say you enlisted? A. In 1861, sir.

Q. Where? A. The first place was in Trenton, New Jersey.

Q. How long a term for? A. Three months, sir.

Q. Where and when did you next enlist? A. In Philadelphia; about the 1st October, 1861.

Q. How long for? A. Three years, sir.

Q. Where did you next enlist, and when? A. In December, 1864, at Brandy Station, Virginia; 1863, I should say, sir.

Q. How long for? A. Three years, sir.

Q. When and where did you next enlist? A. Buffalo, New York, sir; on the 8th day of January, 1866.

Q. For how long? A. Three years.

Q. When were you arrested for your connection with this matter? A. About three weeks ago, sir; between three and four weeks; I was not aware that it was for connection with this matter that I was arrested.

Q. When did you become aware of it? A. When I was brought here, sir.

Q. How did you become aware of it? A. I was told of it by Major Whitley.

Q. Did Major Whitley have you arrested? A. That I would not swear to, sir; I do not know who had me arrested.

  page 29  

 

Q. Have you ever received a letter since your arrest, in relation to the arrest, from anybody? A. Never received a letter from any one.

Q. Did you ever receive a written statement from any one? A. No, sir.

Q. Did you tell private Price, of company C, 16th infantry, that you had received such a statement from some person? A. No, sir; I don't know such a man in company C, 16th infantry.

Q. Any private in company C? A. No, sir; I know them, but I never told them anything of the kind.

Q. Any such to anybody? A. No, sir.

Q. How was the matter disclosed to you by Major Whitley? A. Well, he told me what I was arrested for, sir.

Q. What else did he state? A. He told me that if I knew anything about it, I had better make a full confession of the affair.

Q. What reason did he give you for that? A. He gave me the reason that it was my duty, sir, and proved to me that the evidence against me was sufficient.

Q. Did he hold out any inducements to you? A. He did not, sir; nothing whatever.

Q. Did he tell you that if you would testify to certain facts, which he stated to you, there would be no prosecution against you? A. He did not mention any "certain facts" at all, sir; he told me to tell what I knew, sir.

Q. How many conferences have you had with Maj. Whitley? A. I spoke to Maj. Whitley three or four times before I said anything of the affair to him.

Q. Did he make any statement to you that in case you testified to the implication of these gentlemen you would not be punished? A. He made no statement to me as regards my testifying against any particular person, sir; he told me to tell what I knew of the affair, and I did, openly and frankly; he offered me no inducements.

Q. Did he tell you that you would not be punished if you would so testify? A. He told me I would not be prosecuted; he did not tell me whether I would be punished or not; after I made the confession to him he told me that.

Q. Did he make that statement to you before you made any confession to him? A. Not that I remember, sir; I knew myself I could not be placed on the stand and at the same time be tried; it was not necessary for Major Whitley to tell me that.

Q. You knew, then, that by making the statement you have you would be saved yourself? A. I don't know, sir; I didn't know whether my evidence would be sufficient to do, sir; consequently I wished to implicate no one; I did not do it for that purpose, sir.

Q. You stated that you didn't know your evidence would be sufficient to do; what do you mean; "sufficient to do" what? A. I didn't know whether my evidence would convict or not, sir.

Q. If it convicted, you knew that you would be discharged--not hurt yourself? A. I did not know positively, sir.

Q. Was that the impression under which you made the statement to Maj. Whitley? A. The impression I labored under when I made that statement was that it was my duty to do so, and I did so, openly and frankly--not looking forward to anything that may come hereafter.

Q. You stated that it did not require Maj. Whitley to tell you that you would not be liable to punishment if you made this statement; now, my question is, whether you were under the impression at the time you made it that by making it you would be free from hurt or harm; was that your impression? A. I was not positive as regards that.

Q. Was it your impression; was it what you thought? A. I say I am not positive, sir.

Q. Did not Maj. Whitley tell you that he would guarantee you against harm from Government if you would? A. No, sir; never talked of the Government harming me, sir.

Q. Did not Maj. Whitley tell you he would guarantee you against all harm on account of this if you would? A. He told me he would guarantee me protection, sir.

Q. Did Maj. Whitley have exclusive control of you since your arrest? A. No, sir.

Q. Any person permitted to see you without his authority? A. There was no one came to see me, sir, to have any interview with me.

Q. Did you have any interview with anybody but Maj. Whitley since your arrest? Yes, sir; I had.

Q. Whom? A. Gen. Dunn and Gov. Brown, sir.

Q. At your quarters or at their quarters?

  page 30  

 

A. At the Adjutant's office in this garrison.

Q. Who took you there? A. The sentry.

Q. Who had the control of your prison door? A. The Sergeant of the guard.

Q. Under whose control was the Sergeant of the guard? A. I suppose he was under the officer of the day, sir, as far as I know; that is how I understand.

Q. Did Maj. Whitley come to see you when he pleased? A. I don't know, sir, whether he come when he pleased or whether he had to get permission; I am not positive about that, sir.

Q. Did anybody else except him come to see you then? A. Not in the cell, sir.

Q. How often was he with you there? A. I spoke to him once in the cell and once outside, sir; that is all I remember--yes, sir, I spoke to him three times: the first time I was in the third cell, next time I was in the first cell, after the partition was put up, and the next time I was in the hall, last Sunday night a week.

Q. What sort of a cell were you first put in? A. In one of those cells over there at the guard-room, sir; the cell before it was altered was, I suppose, five or six feet wide and eight or ten feet long.

Q. How long did it remain in that condition? A. I don't know, sir; I was taken out of that cell and put in the end one.

Q. How long was it before you were changed from one cell to the other? A. It was about eighteen hours.

Q. Who was there when you was so changed? A. The Sergeant of the guard, and I think Maj. Smythe was in the hall, sir.

Q. Maj. Whitley there? A. I did not see him, sir.

Q. What is the size of the second room you were put in? A. It is one of the large cells split in two by a partition; it is about three feet wide.

Q. Did you have any conference with Maj. Whitley in the first room you were put into? A. I spoke to him as regards getting a blanket and one thing or another.

Q. In which room was it that he first told you what you were arrested for? A. In that room, sir.

Q. The first one? A. Yes, sir.

Q. You had a talk with him in that room then about something beside a blanket? A. He just asked me if I knew what I was arrested for, and I told him I did, sir.

Q. You have just stated that you never knew what you were arrested for until he told you; how do you explain that? A. I was not positive; I knew what I was arrested for; my own conscience told me that; I might have been brought here on some other charges, just as easily as not, if there had been any evidence against me.

Q. Did not you expressly state that you never knew what you were arrested for until Maj. Whitley told you? A. I did, sir; that is, I never was informed by anybody; I knew myself what I was arrested for.

Q. Did Maj. Whitley then tell you what you were arrested for by simply asking you if you knew what you were arrested for and your telling him yes? A. That is not the way he told it; no, sir.

Q. How did he tell it? A. He told it in a rather indirect way.

Q. Well, how did he tell it? Just answer that question; how did he begin? Narrate it just as it occurred; as near as you can recollect, word for word. A. He spoke to me about this affair, sir.

Q. Just state how he began; what he said; his own words, as near as you can recollect. A. He told me what I knew to make a statement of, sir.

Q. What is the first word he said? How did the conversation begin; what did he state? A. I would not swear to the first word, sir.

Q. Well, just as near as you can; bring to your mind now how it began and what he said. A. That is what he said, sir; he told me to make a statement of what I knew about the affair, if I knew anything; he did not demand it of me--nothing of that kind; merely asked me to do it.

Q. When was that? When did that occur? A. Just after I had gotten here.

Q. Which room were you in? A. I was in the third cell, sir; the same thing took place also in the second cell.

Q. Which first--the second or third? A. The first time he spoke to me about it was in the third cell; there was less said there than in the other.

Q. Which one were you in first? A. In the third cell.

Q. What do you mean by third cell? A. I mean the third door.

Q. Were you ever put in that cell when you first came? A. No, sir; I was not put in there when I first came.

  page 31  

 

Q. Was that the first cell you were put in? A. Yes, sir.

Q. He mentioned it then to you the first twenty-four hours after you came? A. I think it was, sir; yes, sir.

Q. Then you were taken to the second cell? A. I was taken to the end, sir.

Q. The second cell you were in? A. Yes, sir.

Q. That is the one you say was about three feet by eight? A. Yes, sir.

Q. How long were you in that? A. was in there over twenty-four hours.

Q. How long? A. Put there one afternoon and kept there until the second morning after.

Q. Where were you taken then? A. To the cell in the lower end, sir.

Q. What is the size of it? A. About six by eight, sir; somewhere about there.

Q. Was that the first cell you were put in? A. No, sir.

Q. How long did you remain in that place? A. Until the next morning.

Q. Where were you taken then? A. Into the guard-room with the prisoners.

Q. How long did you remain there? A. Until last Monday morning; a week, sir.

Q. Where were you taken then? A. Put in the end room, sir.

Q. Did you remain there ever since? A. Yes, sir.

Q. Where was it that you first made the confession to Major Whitley? A. It was in the Adjutant's office.

Q. Was there any person present with you? A. No, sir.

Q. Do you swear that Major Whitley did not have free and full access to you at all times since you have been here? A. I could not swear to that sir; I don't know what Major Whitley's orders were, sir, no more than you do.

Q. Did Major Whitley tell you what other parties had confessed about this matter? A. No, sir.

Q. Did he ever make any statement to you of what other parties had stated, by way of inducement to you? A. He did not; never made any inducements to me of any kind.

Re-direct Examination.

Q. For what did Maj. Whitley tell you he would guarantee you protection; was it that you should tell the whole truth and that you should implicate any particular individuals? A. That I should tell the truth.

 

Q. Did or did not Major Whitley charge you not to implicate any innocent person in any statement that you might make? A. He did, sir.

Q. When, in your examination yesterday, you stated that the majority of the people of Columbus were against Ashburn, in regard to which statement you have been examined to-day, were you speaking of the sentiments of the whole people of that locality or a class, and if a class, what class of the people were you speaking of? A. I was speaking of the class having the most influence.

Q. Were you speaking of the white population or of the black? A. Of the white, sir.

Q. How many drinks did you take that night, the night of Ashburn's assassination? A. I took one, sir, at the "Ruby."

Q. Were you more or less intoxicated that night than you were in the afternoon? A. More in the afternoon.

Q. You stated in your cross-examination that you were not certain whether you had spoken to Bedell before the night of the killing of Ashburn; had you not often seen him previous to that time, and did you not know him well by sight? A. I seen him most every day, sir, and knew him well by sight.

Q. Were you intoxicated at all the time of Ashburn's assassination? A. I was not under the influence of liquor, sir.

 

Questions by the Court.

Q. Did you at the time you received the loan from Mr. Wilkins promise and intend to pay it in the future? A. I did not, sir.

Q. Did the person you believed you recognized as Chipley have a revolver and fire it on Ashburn on the night in question? A. No, sir.

Q. Had you made application for your furlough before you were relieved as first sergeant? A. Yes, sir.

Q. Look at this paper and say if it is a correct diagram of the house in which Ashburn was killed; examine it carefully. [The Judge Advocate here handed a paper to witness.] A. I believe it is, sir.

Q. During your conversation with the accused, Chipley, after the murder of Ashburn, was there anything said in reference to the said murder? If so, state all that was said to you. A. There was not, sir.

Q. Was there anything said to you after

  page 32  

 

Ashburn was killed by any of the accused on the subject in question? A. No, sir.

[Question by defense, by permission of the Court.]

Q. Did Mr. Chipley say more than "good morning" at the only time you spoke to him after the death of Ashburn? A. Not as I remember, sir.

[A. E. Marshall was then duly sworn as an additional short-hand reporter for the Court, by the Judge Advocate, in the presence of the Court and the accused.

 

Questions by Prosecution.

George F. Betz, witness for the prosecution, was brought into Court and duly sworn.

Q. What is your name? A. My name is George F. Betz.

Q. Where do you live? A. In Columbus.

Q. Where were you raised? A. In Columbus.

Q. Where do your parents live? A. In Columbus.

Q. Columbus? In what State and county? A. State of Georgia, Muscogee county.

Q. What is your occupation? A. I have none particularly, sir.

Q. In what business were you last employed before you were arrested? A. I was on the railroad, sir.

Q. How long had you been running on the railroad? A. About seven or eight months.

Q. In what capacity? A. Fireman, sir.

Q. Were you acquainted with George W. Ashburn? A. Not personally.

Q. Did you know him by sight? A. I did, sir.

Q. Is he dead or alive? A. He is dead, sir.

Q. Were you present at his death? A. I was sir.

Q. How did he die? A. He was shot.

Q. How many persons were present when he was shot? A. Between twenty-five and thirty, I think, sir.

Q. Where was he killed? A. In Columbus.

Q. At what locality in Columbus? A. On Oglethorpe street, sir.

Q. In the street or in a house? A. In a house, sir.

Q. Where was that house located? A. Located on Oglethorpe street.

Q. Can you give any description as to its location? A. No, sir; none particularly.

Q. Do you know the cross streets near it? A. I do not recollect their names.

Q. How far was it from the Perry House? A. About two hundred yards, sir.

Q. Was there any vacant lot near it? A. There was.

Q. Was the vacant lot on the same side of the street or the opposite side of the street from the house where Ashburn was killed? A. It was an the opposite side.

Q. Look upon that diagram (one handed to witness) and say whether, in your opinion, it is a correct diagram of the house in which Ashburn was killed. A. Well, I can not tell, for I was not acquainted with the house.

Q. Had you ever been in it before that night? A. I had not, sir.

Q. Was the end or the side of the house to the street? A. The end of it was to the street.

Q. State whether there was any door in the end of the street. A. There was, sir.

Q. Where did the persons meet who killed Ashburn? A. In that vacant lot, I suppose.

Q. Where did they go from that lot? A. To the house.

Q. What did they do when they got there? A. Knocked at the door.

Q. Did any one say anything; and if so, what? A. They did.

Q. Well, what? A. They asked for admittance; some one inside asked who was there, they said it was Mary Tillinghurst.

Q. What did the person inside reply? A. Asked, who do you want to see?

Q. What did the person outside say? A. Hannah Flourney.

Q. What reply was made to that? A. Can't let you in; it is too late.

Q. Do you know who outside demanded admittance? A. No, sir; I do not.

Q. Did the person seem to speak in his own natural voice or in an effeminate voice not his own? A. I can't tell.

Q. Did you hear him speak when he demanded admittance? A. I did, sir.

Q. Did you know his voice? A. I could not recognize it.

Q. After admittance was denied, what then occurred? A. The door was knocked down, or a part of it knocked down.

Q. Did anybody enter? A. They did, sir.

  page 33  

 

Q. How many persons, and who were they, to the best of your knowledge, who entered? A. I can't tell how many came into the house.

Q. Did you go in? A. I did, sir.

Q. Do you know any persons whom you can identify who went in? A. I do.

Q. Who were they? A. Mr. Dukes.

Q. If he is here, point him out. A. (Witness, pointing to one of the prisoners) There he is, sir.

Q. Who else? A. Mr. Hudson.

Q. Can you point him out? A. I can.

Q. Do so. A. (Witness pointed to one of the prisoners.)

Q. Do you see any one else present who was in there? A. I do.

Q. State who, and point him out. A. All of them, sir?

Q. Point out one at a time. A. (The witness pointed to each prisoner severally, who, at the order of the Court, rose up in full view of the Court as his name was called by witness.) Mr. Robt. A. Woods, Mr. James W. Barber, William Duke, Robert Hudson, Alva C. Roper, Jas. Wiggins, Doctor Kirksey, Columbus Bedell.

Q. Any one else? A. I am not certain of Captain Chipley.

Q. Well, if there is any reason that induces you to believe that he is the man, or any description of his person, state them. A. The man in command of that squad I take to be Captain Chipley.

Q. Why did you take him to be Chipley? A. From his appearance, sir.

Q. What was his appearance? A. Just as it is now--a large man.

Q. If he was disguised in any way, state it--how? A. He was disguised; had on a dough-face.

Q. What do you mean by a dough-face? A. False-face.

Q. What sort of a false-face was it? A. It was dark; I believe, to my best knowledge, it was black.

Q. Do you know of what it was made? A. No, sir.

Q. What did it look like? A. Looked like a false-face, that's all I know.

Q. When you say dough-face, do you mean it was made of dough or some other material? A. There wasn't much dough about it.

Q. What did this person do there that night who you took to be Capt. Chipley? A. He seemed to have command of a squad.

Q. How many of those persons, if any, whom you have named went with you into the house? A. Mr. Duke, Mr. Hudson, Mr. Barber.

Q. Any one else? A. No, sir. They came behind me, whoever else came into the house.

Q. Did you see Marshall anywhere that night--a soldier? A. I did, sir.

Q. Where was he when you went into the house? A. He was with me.

Q. You have stated that Duke, Hudson, Barber, Marshall, and yourself went into the house together; did you see any one else in the house after you came in besides the names you have mentioned? A. I did, sir.

Q. Who were there? A. Milton Malone, Henry Hennis, Doctor Kirksey, Columbus Bedell, and a fellow by the name of Blair; that is all I know about him.

Q. Did you see Bedell and Kirksey do anything? A. I did not, sir.

Q. Were you and the others who first went in with you armed? A. They were, sir.

Q. With what? A. With pistols.

Q. What sort of pistols? A. I did not notice closely; revolvers, I believe.

Q. What was yours? A. A revolver, sir.

Q. When the door was broken down, and you went in, what did you do? A. Went on through the room.

Q. To what room? A. Ashburn's room, I suppose, sir.

Q. What room was that--the first, second, or third room? A. The third room, sir.

Q. Did you hear Ashburn say anything, and if so, what? A. He asked who came there.

Q. What did he then do? A. He didn't do anything particularly, not as I seen.

Q. Who opened the door? A. He opened his door.

Q. Was there any burning candle in his room or not? A. There was.

Q. Where was it? A. It was on the table, sir.

Q. Where was the table? A. In the middle of the floor, or about.

Q. What sort of table, if you recollect? A. A round table, sir.

Q. Where was Ashburn as you got into the door? A. He was in his room.

Q. What part of his room? A. He was on the right-hand side.

 

  page 34  

 

Q. Was there any bed in the room? A. There was.

Q. Where was it located? A. In the corner of the room.

Q. As you went in was it on the left-hand or right-hand corner? A. Right-hand corner.

Q. When you got to Ashburn's door, if anybody said anything, who was it and what did he say? A. Bob. Hudson said, "You are a d--n s--t."

Q. What then occurred? A. Firing, sir.

Q. How many shots were fired? A. To the best of my belief there were thirteen or fourteen.

Q. Who fired? A. I did, sir.

Q. Who else? A. Mr. Duke.

Q. Who else? A. Mr. Hudson.

Q. Anybody else? A. Mr. Barber.

Q. Any one else? A. Mr. Marshall.

Q. Was there any one else? A. I think not, sir.

Q. Did you see Ashburn fall? A. I did, sir.

Q. Did anybody fire after he fell? A. I think they did.

A. Who? A. Mr. Hudson.

Q. In what position was he when he fired? A. He was on his knees, squatting down.

Q. Why did he stoop down to fire? A. I do not know,

Q. Was there anything in the way, after Ashburn fell, to render it necessary for him to stoop in order to hit him? A. I believe the table was between him and Ashburn.

Q. What did you all do after the firing, and after Ashburn fell? A. Went out, sir.

Q. Did anybody go and look upon him after he fell before you went out, and if so, who? A. I did not see anybody.

Q. Did anybody's mask fall off as you retired from the room? A. There did.

Q. Whose? A. I believe it was Sam. Bedell's.

Q. Did you hear him make any remarks to a woman or anybody else? A. I think he did.

Q. What was the remark? A. The best I can recollect is, he said he would kill her if she told on him.

Q. Did all the party go in the house, or did a part remain outside? A. They didn't all go in.

Q. State whether the man you took to be Capt. Chipley went in? A. I didn't see him go in.

Q. Did you see any women in the house when you entered? A. I did.

Q. Who were they? A. A white woman and a negro woman.

Q. Can you give their names? A. I can.

Q. Do so? A. Amanda Patterson and Hannah Flourney.

Q. Do you know Mr. Bennett? A. I do.

Q. Did you see anything of him in the room? A. I did not.

Q. Were there any places in the room where he could have concealed himself; if so, what sort of places? A. I do not know that.

Q. Could he have been in the room without your seeing him? A. I suppose he could, sir.

Q. After you retired from the house what did the party then do? A. They went on across the street and went through the lot.

Q. How many do you think were present? A. Between twenty and thirty.

Q. When they passed the vacant lot what did they do? A. I do not know.

Q. State whether they remained together, or whether they scattered. A. I can not tell.

Q. Where did you go? A. Went home.

Q. Where were they when you separated from them? A. In that lot, sir.

Q. Who did you first meet when you got there that night? A. Met Bill Duke.

Q. Who next? A. Met the crowd next.

Q. How long after you got there before you advanced to Ashburn's house? A. About ten minutes, sir.

Q. Why did you go there that night? A. I went there to help kill Ashburn.

Q. Did you expect to meet anybody else there? A. I did, sir.

Q. Why? A. Because I was told so.

Q. Who told you so? A. Dr. Kirksey.

Q. How many conversations had you with Dr. Kirksey on this subject? A. One, sir.

Q. Where was it? A. In Columbus.

Q. In what part of the city? A. In Oglethorpe street.

Q. How did the conversation occur? A. He just called me to him.

Q. What did he say? A. He told me he wanted me to join that party.

  page 35  

 

Q. What party? A. The party to help kill Ashburn.

Q. Why did they say they wanted to kill Ashburn? A. They didn't tell me that.

Q. Why did he say it? A. He didn't tell me.

Q. Did he say anything about money, or anything of value, and what? A. He did, sir. He said he would give me so much money to go there.

Q. What sum? A. Fifty or a hundred dollars.

Q. State whether you agreed to go. A. I did.

Q. Was any time fixed? A. There was.

Q. When was it? A. Monday night.

Q. What month and what day of the month was that Monday night? A. It was March, 30th day of the month.

Q. Was anything said about the time of night the meeting was to take place? A. There was.

Q. What time? A. Between twelve and one o'clock.

Q. At what place? A. At that vacant lot.

Q. What vacant lot do you mean? A. On Oglethorpe street.

Q. Where were you in the early hours of that night? A. I was knocking around town.

Q. Did you go home any time of the night before the killing? A. I did, sir.

Q. What time in the night did you go home? A. Between ten and eleven o'clock, sir.

Q. What did you do when you got home? A. Went to bed.

Q. How long did you remain in bed? A. About half an hour or three quarters.

Q. What did you then do? A. Got up.

Q. How did you get out the room? A. Got out of the window.

Q. Where did you go from your room? A. Went up on Broad street.

Q. Then where did go? A. Went on up town.

Q. How long after that before you went to the vacant lot? A. I went on up there, sir.

Q. After the killing of Ashburn, how long before you returned home? A. I suppose it was about an hour.

Q. Where did you go in the meantime? A. I went away down town.

Q. When you got home how did you get into the house? A. I got in at the window.

Q. What did you then do? A. Went to bed.

Q. Where were you next morning? A. Was there.

Q. Did you get up as usual? A. I did.

Q. State whether the family, or any of them, knew you were absent after you went to bed that night. A. I do not think they did, sir.

Q. Did Doctor Kirksey give you any reasons why they intended to kill Ashburn, and if so, what? A. No, sir; he did not. I knew them, though.

Q. How did you know them? A. They wanted to get him out of the way in election times.

Q. When you went down town after the killing, with whom did you go? A. Went by myself.

 

Cross-examination -- Questions for Defense
by Mr. Stephens.

Q. Leave all the rest there? A. No, sir; I didn't leave them.

Q. Which way did the others go. A. Went on through the lot.

Q. Did you go back to the lot? A. Not right then.

Q. Did you go back to the lot? that is my question. A. I did, sir.

Q. Did anybody leave the lot with you? A. No, sir.

Q. Did anybody leave before you? A. I went with the crowd; I went one way, they went the other.

Q. You went with the crowd, and you went one way and they went the other? A. When I left them.

Q. Did you leave the crowd all at the lot? A. I left them going through the lot, sir.

Q. Did anybody go with you when you left? A. No, sir.

Q. Did you go into the lot? A. I did.

Q. And then did you turn right round and go back? A. I didn't.

Q. Which way then did you go? A. Went up the street.

Q. Which street? A. I believe it is Church street.

Q. Which street is the vacant lot on? A. It is on both of them.

Q. Which both? A. Oglethorpe and Church.

Q. Did you go then through the lot to Church street? A. I did.

  page 36  

 

Q. Did they all go through with you to Church street? A. I left them all about half way, sir.

Q. You left all about half way in the lot? A. I did not leave them all.

Q. Where were the balance? A. Some went down the other street--down Oglethorpe street.

Q. Did you not state that they all went back with you into the lot? A. I believe I did.

Q. Is it true? A. Some of them turned off down Oglethorpe street.

Q. Which ones of them? A. I do not know.

Q. Which ones of them were with you? A. I do not know that.

Q. Do you know a single one that did? A. I do.

Q. Which one was it? A. Bill Duke.

Q. Which other one went? A. Bob Hudson.

Q. Which other one? A. Jim Barber.

Q. Which other one? A. Dr. Kirksey.

Q. Which other one? A. Lum Bedell.

Q. Which other one? A. Henry Hennis.

Q. Any other one? A. I do not recollect; they are all I know went through the lot with me, I believe.

Q. Are you certain of it or not? A. No, sir, I ain't.

Q. Well, then, did you leave them all there? Do I understand your testimony to be that you left them all there? A. I went by myself.

Q. Did you leave them there? is my question. A. There's where I left them; there is where I turned off from the crowd.

Q. You say you left them there? A. I did.

Q. And went alone? A. Yes, sir.

Q. Did you say you went down Church street? A. No, sir.

Q. What did you say about Church street? A. I went up Church street.

Q. And you left Bedell, and Barber, and Duke, and Hudson, and Kirksey in the middle of the vacant lot? A. About the middle.

Q. Was there any conversation had between you, or any of you, after the crowd got into the middle of the vacant lot? A. Going from the house there was.

Q. What was that conversation? A. Milton Malone asked me why I did not shoot all the barrels of my pistol off.

Q. Anything else? A. No, sir.

Q. You say that all the crowd you know went into the middle of the vacant lot with you? A. I believe so.

Q. Did Hennis go? A. I think he did.

Q. Marshall? A. I did not see him.

Q. What did you do with your mask? A. Tore it up.

Q. Where did you tear it up? A. Tore it up in the street.

Q. Which street? A. I do not know what street it was--it was in Columbus.

Q. What kind of a mask did you have? A. Had a black one, sir.

Q. What kind of a mask did Bedell have? A. Had a black one.

Q. Where did you get the mask you had? A. I made it.

Q. Did you ever ask Dr. Kirksey for the fifty dollars, or the hundred he promised to pay you? A. No, sir; I never asked him for it.

Q. Did he ever say anything to you about paying it? A. He said he would send it through the post-office to me.

Q. When did he say that? A. He said when I received it I would get it through the post-office.

Q. Did you ever get it through the post-office? A. No, sir.

Q. And you never said anything to him about it? A. No, sir.

Q. Now, upon your oath, Mr. Betz, will you swear that you ever spoke to Dr. Kirksey or Dr. Kirksey to you in your life, about anything? A. I have.

Q. Did anybody ever see you speak to Dr. Kirksey, or see you in company with him; or is there anybody living by whom you can prove that you ever had a conversation with him, or that he ever knew you? A. I do not know whether I can or not.

Q. How high is that window of your bedroom? A. I do not know exactly how high it is.

Q. How high do you suppose it is? A. Higher than my head.

Q. How were you dressed that night? A. I had on a black coat.

Q. What sort of pants? A. A pair of dark pants.

Q. When were you arrested? A. I was arrested on the 21st of May, I believe.

Q. In whose custody have you been since? A. Been in the military custody.

Q. Who had charge of you? A. Capt. Cook, at this place.

Q. Where were you first taken after your arrest? A. To Fort Pulaski.

  page 37  

 

Q. In whose charge were you put then? A. Capt. Cook was in charge of the fort, I believe, I do not know.

Q. Where did you first get acquainted with Mr. Whitley? A. I never seen him before till I got to the fort.

Q. Did you have any acquaintance with Capt. Chipley? A. Not personally.

Q. Did you ever speak to him, or he to you, in your life until since your arrest? A. I do not recollect.

Q. You have no recollection of any words passing between you and him in your life? A. No, sir.

Q. Is it not true that a word never did pass between you and him, in your life, until since your arrest? A. I do not recollect.

Q. Did you ever speak to Mr. Bedell in your life? A. I have.

Q. Did he speak to you? A. He did.

Q. Can you state any occasion? A. I can.

Q. State it. A. Mr. Bedell was shooting in his lot one day; and I was an officer; I went to his lot and told him not to do it; he said is was his lot and he would shoot when he pleased; he was shooting a hog.

Q. Has Mr. Bedell any lot? A. I do not know.

Q. You don't know? A. It was the lot where he lived; I don't know whether it was his or who it belonged to.

Q. When was that? A. Been a good while ago.

Q. How many years? A. No years at all.

Q. How long ago, then? A. I don't recollect.

Q. Three months? A. More.

Q. Six? A. More than that.

Q. Twelve? A. I don't think it was that long.

Q. How was Mr. Woods dressed that night? A. I don't recollect, sir.

Q. How was Mr. Duke dressed that night? A. He had on black clothes.

Q. How was Mr. Bedell dressed? A. I don't recollect.

Q. Was it a dark night or a moonshine night? A. I think the moon had just gone down, sir.

Q. How was Mr. Roper dressed? A. I don't recollect that either.

Q. How did you know them? You stated that they were all masked. A. I spoke to them, sir.

Q. Which ones did you speak to? A. I spoke to all I mentioned.

Q. When did you speak to them--before you got to the house or afterward? A. Going to the house.

Q. Did they tell you their names? A. No, sir.

Q. Were they all masked when you first saw them? A. Will Duke was not.

Q. Did he put on a mask afterward? A. I do not know whether he did or not.

Q. Were all the rest masked except Bill Duke? A. I think they were, sir.

Q. Well, how did you know them? A. By their talk.

Q. How did you know them individually? A. Because I had been raised up with them. I knowed them as good as I know myself.

Q. Were you as intimate with Mr. Bedell as with yourself? A. No, sir.

Q. Did you ever hear Mr. Bedell talk except when you heard him say he would shoot the hog? A. I have.

Q. Ever on any other occasion except that? A. No, sir,

Q. He never did on any other occasion except that? A. Not as I recollect.

Q. You never heard him utter a word in your life except that he would shoot when he pleased on his lot? A. Yes, sir, I have.

Q. If so, state when and where. A. On the street, sir.

Q. State on what occasion it was. A. I heard him talk; he was not talking to me.

Q. Can you state what you ever heard him talk about, and who were present? A. I do not know, sir, what he was talking about. I heard him speak; that was the question you asked me -- whether I have ever heard him speak.

Q. Do you say that you have ever heard him speak often enough to be as familiar with his voice as to recognize him under a mask and swear positively to his identity from his voice? A. I do not think I would.

Q. Would you say the same of Doctor Kirksey? A. No, sir.

Q. Are you more familiar with him than with Bedell -- more intimate? A. I would know him sooner by his voice.

Q. How long have you known Doctor Kirksey? A. I don't exactly recollect.

Q. How long, as near as you can tell? A. I don't know; I could not say.

Q. Raised with him? A. No, sir.

Q. Did you not say you were raised with all of them? A. No, sir.

  page 38  

 

Q. What did you say about being raised with them? I understood you that way. A. Raised with the biggest part of them.

Q. Dr. Kirksey was not one of them? A. No, sir.

Q. I want you now to state as near as you can when you first knew him. A. I knew him some eight or nine months, I reckon.

Q. How long have you known Mr. Woods? A. I can not tell that.

Q. Longer than Kirksey or shorter? A. Longer.

Q. Can you swear that you could recognize his voice? A. Yes, sir, to the best of my knowledge and belief I could.

Q. How was he dressed that night? A. I don't recollect, sir.

Q. You say you recognize these gentlemen by their voices, as they were talking, as they went from the vacant lot to the house where Ashburn was killed; can you state anything that any one of them said? A. I can.

Q. State it. A. Mr. Hudson--Bob Hudson--said we would give him hell.

Q. Anything that any other said? A. No, sir; I don't believe I do; I don't recollect particularly what they said.

Q. Do you state upon your oath that the only ground of your recognizing them was their voice? A. I knowed them very well.

Q. Have you not just stated that you knowed them by their voices? A. Yes, sir, I did.

Q. You said you were first taken to Savannah? A. Taken to Fort Pulaski.

Q. Where did you first get acquainted with Mr. Whitley? A. At Fort Pulaski.

Q. Did he have charge of you there? A. Capt. Cook had charge.

Q. Have any interview with Mr. Whitley there? A. I did, sir.

Q. When did you first know what you were arrested for? A. I don't recollect that; I don't recollect the time.

Q. Who told you? A. I don't recollect.

Q. Who was present the first interview you had with Mr. Whitley? A. Nobody, sir.

Q. Where did the interview take place? A. At Fort Pulaski.

Q. Did he tell you what you were arrested for? A. No, sir; I don't believe he did.

Q. Who did tell you? A. I don't recollect.

Q. To whom did you first make the disclosure that you have made here? A. To Major Whitley, sir.

Q. Where was it at? A. Down here in one of those houses.

Q. Did you make no disclosure to him at Fort Pulaski? A. No, sir.

Q. Did he endeavor to get you to make any? A. Not particularly, sir.

Q. What did he do? A. Didn't do anything.

Q. What did he say on the subject of your making a disclosure? A. I don't recollect, sir.

Q. Did he tell you that he had proof of your guilt, and that if you would testify against the other parties, you would be protected? A. I knew that, sir.

Q. You knew what? A. I knew that I would be protected.

Q. Didn't Mr. Whitley tell you so? A. He did, sir; I knew it before ever he told me though, I knew his business very well.

Q. What was his business? A. He was a detective.

Q. He is no Major in the army then? A. I do not know whether he is or not.

Q. You say you knew his business? A. From what I have heard.

Q. His business is a Government detective you say? A. Yes, sir, a Government detective, or a Government agent of some kind.

Q. Didn't he tell you that if you didn't make a disclosure that you would be hung? A. I don't recollect, sir.

Q. Didn't he tell you in substance that you had better save your neck? A. I don't recollect it, sir.

Q. Didn't he tell you that these other gentlemen were men of property, and that they would let you be hung, and that you had better save your neck by coming out with the truth against them? A. I don't recollect that either; something of the kind was said.

Q. State as near as you can what was said. A. I don't recollect anything particularly; I knew it though before he told me so.

Q. Did he tell you to say that on your oath? A. No, he didn't.

Q. Was Mr. Daniel under arrest here? A. He was.

Q. Did Mr. Whitley have the exclusive control of you; did anybody see you except by the permission of Mr. Whitley? A. Officers came there; soldiers saw us without his permission.

  page 39  

 

Q. Did they go into the room? A. We were not in a room.

Q. Where were you then? A. In the cell.

Q. Did the soldiers go into the cells at any time--have free access to you? A. They came if they chose.

Q. Did they do it? that is my question. A. No, sir; the cook came there to bring rations to us.

Q. Were you permitted to have any intercourse with friends without the permission of Mr. Whitley? A. I never had any at all.

Q. Did Mr. Whitley tell you the arrest of the other parties? A. I think he did.

Q. Don't you know he did? A. I am not certain he did.

Q. Didn't he take you to a place and show Mr. Daniel in another part so that you could see him? A. No, sir, he didn't.

Q. Didn't he tell you where he was? A. I knew where he was.

Q. Didn't Mr. Whitley tell you so? A. I don't recollect, sir.

Q. Didn't he tell you how he got there? A. I believe he did.

Q. How did he tell you he got there? A. Gave a bond.

Q. What else did he tell you about it? A. I don't recollect that.

Q. You don't recollect? A. No.

Q. Didn't he tell you distinctly that Kirksey and Chipley had bonded him (Daniel) and was leaving you to be hung because you were poor? Didn't he tell you that Kirksey and Chipley said that their money would save them? A. I believe he did.

Q. And also that you would be hung and thereby they would get rid of you? A. No, sir, he didn't.

Q. Well, did he say they would get rid of you? A. I don't recollect that either.

Q. Didn't he tell you that Kirksey and Chipley said that their money would save them? A. I believe he did, sir.

Q. Didn't he give you assurance that if you would come out and make a statement you would not be hurt? A. I knew that, sir.

Q. That is not my question: I ask you did he tell you so? A. He did, sir.

Q. I'll put this question: Didn't he tell you that Kirksey and Chipley said that their money would save them, and d--n the other fellows; we want to get them out of the way? A. No, sir.

 

Q. Didn't he tell you any words to that effect? A. I don't think he did, sir.

Q. Did he not tell you in the presence of your father to remember that the halter was still around your neck? A. No, sir.

Q. Did Mr. Whitley allow you to see your father by yourself? A. He (Mr. Whitley) was in the same room, sir.

 

Re-examination by Prosecution.

Q. If the promise of protection made by Maj. Whitley was depending upon your testifying against any particular person or persons, name such persons. A. No, sir; it was not.

Q. Upon what was it depending? A. Upon telling all that I knew, sir.

Q. If he gave you any warning to criminate no innocent person, state what it was. A. I don't recollect particularly, but he told me not to do it.

Q. I will ask you if you have done it in any statement you have made here--whether you have criminated any innocent person? A. No, sir.

Q. State whether or not you were well acquainted with Mr. Bedell by sight? A. I was, sir.

Q. Do you not know many persons by sight to whom you have never been introduced and with whom you have never spoken? A. I do, sir.

Q. You testify that you heard these persons in conversation before you went into the house; I ask you whether there was any light in Ashburn's room after you went in? A. There was.

Q. State whether you saw them in the house when the light shone upon them? A. I did, sir.

Q. State whether that did or did not aid you in identifying them. A. Not particularly; I knowed who they were.

Q. Do you mean to say that you knew before they went in who they were? A. Yes, sir.

Q. State whether on seeing them in the light you found yourself mistaken as to any one of them, and if so, who? A. I did not.

Q. State whether or not, in the crowd that night, you heard any of those present call others by name, and if so whose names you heard called. A. I heard Dr. Kirksey's name called.

Q. Do you know by whom it was called? A. No, sir.

Q. State whether you heard any other

  page 40  

 

name called. A. I heard Jim Barber's name called.

Q. Any other? A. I heard Henry Hennis' name called.

Q. Any other? A. I don't recollect; I don't think there was.

Questions by Court.

Q. State the year of the occurrence. A. 1868, sir.

Q. Did any one go as Captain of the party and give you directions; and if so, who was it? A. I think there was, sir, a commander. Well, sir, I think he was; I would not swear it, but I think it was 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 knowledge. A. There were two shots fired from behind me--Jim Barber; I think it was him, to the best of my knowledge and belief.

Q. You state that Bedell's mask fell off--did you recognize Bedell at that time? A. I did, sir.

Q. How long have you lived in the same town with Dr. Kirksey, Wood, and Bedell, and known them? A. I could not exactly say; a good while.

Q. What were your reasons for assisting in killing Ashburn? A. Because I thought he was a tyrant to the place, and ought to be out of the way.

Prosecution.

Q. State what time of night the killing took place. A. Between twelve and one o'clock.

Defense.

Q. Were you or not very much intoxicated the early part of that night? A. I was not.

Q. You say that the person you suppose to be Chipley did not go into the house; you then did not see him by the light? A. I did not see him go in and did not see him by the light; there was a gaslight in the street close to the house.

Q. How near is the gaslight to that house? A. It is right cat-a-cornered across--I suppose a hundred yards.

Q. Berringer's corner? A. No, sir.

Q. What place was it? A. Right in front of a house, about one third of the lock.

 

Q. Do they have gaslights moonlight nights? A. The moon had gone down.

 

Questions by Court.

A. Did your party pass a gaslight in going from the vacant lot to Ashburn's house? A. No, sir.

[At three o'clock the Court adjourned till to-morrow morning, at 10 o'clock, July 2d.]

 

McPherson Barracks, Atlanta, Ga.,
10 o'clock A. M., July 2, 1868.

Commission met pursuant to adjournment.

Present, same members as yesterday, the Judge Advocate, the prisoners on trial, and their counsel.

The record of yesterday's proceedings was read and approved.

George F. Betz, whose testimony was taken yesterday as a witness before this Commission, was present, and on hearing his testimony read by the Judge Advocate asked permission of the court to make the following correction, viz: Where, in his answer to a question from the defense, which will be found on the of his testimony, he says, "There was a gaslight in the street close to the house," he desires now to say, "In regard to the gaslight, I will not be so positive whether it was lighted or not." Permission was granted and the correction accordingly embodied in this day's proceedings.

The counsel for the defense, owing to the correction aforesaid, asked permission of the Court to further interrogate the witness, which permission having been granted, the witness, George F. Betz, again took the stand and was interrogated as follows:

Questions by Defense.

Q. Have you had conversation with anybody about that portion of your testimony since it was delivered here yesterday? A. Have I had any? No, sir, none particular.

Q. Have you had any? is my question. A. No, sir, I have not had any.

Q. You conversed with nobody upon this subject since yesterday--upon the subject of this gaslight? Has your testimony about that been mentioned to you since you retired from this Court yesterday? A. No, sir.

The counsel for the defense then asked

  page 41  

 

the further permission of the Court to propound to the witness a few general questions, which in yesterday's examination were omitted. Permission having been granted, the witness was further interrogated as follows:

Questions by Defense.

Q. Do you know Jacob and Isaac Marks, of Columbus, Georgia? A. I do, sir.

Q. Have they lately been under arrest here? A. I think they have.

Q. When were they brought before you, and if so, by whom? A. They were brought before me by Maj. Whitley?

Q. Were you asked if they were present at the killing of Ashburn, or words to that effect? A. Yes, sir.

Q. What was your reply? A. "No," sir.

Q. Did not Whitley then say that you had sworn that they were? A. He did, sir.

Q. Did not you say, "Well, you dictated the names"? A. Yes, sir.

The Judge Advocate then asked permission of the Court to further interrogate the witness on behalf of the prosecution. Permission having been obtained, the Judge Advocate interrogated the witness as follows:

Questions by Prosecution.

Q. What do you mean by "dictated the names?" A. Well, sir, with regard to that last question, I think I gave a wrong answer. I don't think "dictate" was mentioned at all.

Q. Do you know what the word "dictate" means? A. Not exactly, sir.

Q. Did Mr. Whitley ever name any persons to you and tell you that you should make an accusation against them in regard to the murder of Ashburn? A. I don't think he did, sir.

Q. Didn't you make the statements to him voluntarily, implicating the parties in regard to whom you have testified here? A. I did, sir. Only Maj. Whitley talked to me as a friend--advised me what to do; there was no inducement, sir, whatever, made to me; I done this voluntarily.

Q. Did Maj. Whitley ever advise you or suggest to you to bring an accusation against any particular persons? A. No, sir.

Further questions by defense, by permission of the Court:

 

Questions by Defense.

Q. What did you say when Mr. Whitley told you that you had sworn that the Markses were at the killing? A. I said I would not indentify them, or "could not;" I don't know which; one or the other.

Q. Did you say anything about dictating or giving the name, or words to that effect? A. I do not recollect, sir.

 

Questions by the Prosecution.

Thomas S. Tuggle, a witness for the prosecution, was then called, and having been duly sworn, testified as follows:

Q. State your name, age, residence, and occupation. A. My name is Thomas S. Tuggle; I reside in Columbus, Georgia, and my profession is that of a physician.

Q. Did you see the body of George W. Ashburn after his death? A. Yes, sir.

Q. Where did you see his body, and when? A. The day after he died; I suppose between nine and ten, or probably ten o'clock in the morning; the house was on Oglethorpe street, nearly opposite the Perry House; he was in the third room, I think, from the street, entering at the end of the house; I do not know how many rooms the house had; it was a long row going back, and I was not further back than the room his body was in.

Q. Where was his body in the room? A. Lying in what I would call the northwest corner of that room; his head was towards a window, which was to the right of the chimney. Q. Was his body on a bed? A. No, sir; lying on the floor with nothing under him at all.

Q. How was he dressed? A. With a long shirt--you might term it a gown--and an overcoat, a sort of sack overcoat probably; no other clothing that I remember.

Q. If you made any examinations of the wounds upon his body, state what they were? A. I only looked on while Dr. Kirksey and Dr. Moses, and Dr. De Graffenried and Dr. Terry turned the body; I do not think I put my hand on the body at all; I made no examination with my own hands; I saw Dr. Kirksey probe the wound on his head with a pencil or pen staff.

Q. State where that wound was. A. Well, as well as I could say now, it was right in the center of the forehead, ranging back and little down, as if his head had been leaning forward at the time; I suppose that it was probably one in above the eyes, as well as I recollect now; there

  page 42  

 

were other wounds on his body; he had one on the right side of the nates, that seemed to be a superficial one; he had one on the left leg, if I am not mistaken, that seemed to have passed through the leg; I think there was an abrasion probably on his right foot; it might have been a bullet hole, I am not certain about that; there was blood there, and I thought from the looks of it that it was; there was a crowd in the room, and it was not very light, and I did not put a probe in it; I could not swear positively that there was a wound on the right foot, but I think there was; I know there was blood there at least.

Q. State whether from the probing of the wound in the head, which you saw made as you say by Dr. Kirksey, that wound was a mortal one or not? A. I should consider that it was a mortal wound, from the direction that it went; that is, provided there is such a thing as wounding a man mortally in the brain; it seemed to have entered centrally, going directly toward the center and base of the brain.

Q. Is it your opinion that he did or did not die of that wound? A. Well, sir, if that wound was there before he was dead, I think it produced his death.

Q. Did you observe any bullet holes in his garments? A. Yes, sir; I saw Dr. De Graffenried turn him over like, and saw where a bullet hole or two, or probably more, had gone through the coat that apparently had not struck his body.

Q. Did the body, when you saw it, appear to be in a condition in which it had died? A. Yes, sir; I do not presume from the appearance it presented that it had been moved much from the extravasation of the blood, which appeared to be on the body next to the floor, between the skin and cellular tissue.

Q. What, in your opinion, had inflicted that wound? A. Well, sir, if I should judge from its appearance, it was a bullet.

The defense did not desire to cross-examine this witness.

 

Questions by the Prosecution.

Alexander G. Bennett, a witness for the prosecution, having been first duly sworn, testifies as follows:

Q. State your name, age, and occupation? A. Alexander Gordon Bennett; age, forty-eight; machinist.

Q. Where is your residence? A. In Columbus, Georgia, for the past two years.

 

Q. Were you acquainted with George W. Ashburn in his lifetime? A. Yes, sir.

Q, How long had you known him previous to his death? A. About ten months.

Q. Were you and he living in the same house at the time of his death? A. Yes, sir.

Q. Were you in that house the night of his death? A. Yes, sir.

Q. State to this Court all you know about his death? A. I had been out with Mr. Woodfield, the master machinist of the Muscogee road, until about eleven o'clock; came in some time past eleven, and went to bed; I could not say how long it had been between that time and the time a rap came at the door; some one in the house, I think it was Hannah Flourney, asked who was there; they said it was one Mary Tillinghurst; she said no one could come in at that time of the night, and they said if they would not be let in they would break the door in; I got out of bed, and went into Ashburn's room, and asked him if he had any weapons; he said he had; I asked him to give them to me, as some one was going to break in the door; he said no, he would use them himself; I then tried the back door and side door; there are two doors, one leading into an alleyway, and one into a back porch; some one at the back door said, "Get back, you s--n of a b--h;" I then asked Ashburn again if he would not give me the pistol, instead of using it himself; he said no, and then put on his overcoat, and told me to look out for myself, and that God would take care of him; I then left the room, and told him not to light any light; when I got to the door between the front door and the middle room, the front door was broke in; the rush of men coming in, I got behind the middle door, at the back of the bed; some women's clothes were hanging on the back of the door, on some nails, and they hid me entirely; one article of clothing also hung on the bed-post; Mr. Ashburn opened the door of the room, having a lighted candle, and said, "Who comes there?" the party that was coming in said, "You are a d--d s--t;" three then came into the light of Mr. Ashburn's room; I could see them; they commenced firing; then one of them withdrew back--the one on the left-hand side of the door--the same side on which the door opened; then two others came up and fired in the place of those who were firing first; the last one that fired sat down

  page 43  

 

on his knees, and fired under the table; all I heard Mr. Ashburn say afterward was, "Stop, stop," I think, three times distinctly uttered, after the firing commenced, and about the same time they commenced firing; I think the side door from the alley was broke in, but can't say whether there was any firing from that point or not; after the firing, I heard some one say, "Come on, boys;" with that they started and run out of the door; then I came out after that, and the girl and boy, standing in the front room, said, "Go back, they are coming again;" so I went back to the same place again, but it proved to be the police.

Q. Was that room Mr. Ashburn's home? A. Yes, sir, it was all the home he had while in Columbus this last time.

Q. Do you know whether he owned or rented it? A. Rented it, I think.

Q. Do you know from whom he rented it? A. I think it was the colored woman.

Q. Name her? A. Hannah Flourney.

Q. Where did he take his meals? A. In that room.

Q. Who furnished them? A. I think he was furnishing himself, and the colored woman was cooking for him.

Q. Did you know why he went there to occupy that room? A. I knew, what he told me himself and what I seen in the papers at the time, that he could not get a bed at no hotel.

Q. How was he dressed when you first saw him that night after he came out of his bed? A. He had nothing on but his night-shirt, and then he put on his overcoat when he came out of bed.

Q. Was it by the light from his room that you saw these parties who were firing upon him? A. Yes, sir.

Q. Did you know either of the parties who fired upon him? A. I believe I did.

Q. Name any one whom you knew. A. Hudson, William Duke, and Jim Barber, and one Marshall and George Betz; I did not recognize Hudson nor Marshall so certain as I did the other three.

Q. Did you recognize any other persons in that house that night about the time that Ashburn was killed? A. There was more in the room, but I could not see them; they were in the shade; there was more in the front room; I could hear them talking to the girl in the front room.

Q. How many persons, in your opinion, were in the house that night beside the ordinary occupants? A. I suppose between

 

twenty and--about twenty, I think, by the number apparently walking about.

Q. Do you mean that many in the house or that many in and about the house? A. About that many Index the house; I could not say for certain.

Q. Did there appear to be many without and about the house at that time? A. Yes, sir; they seemed to be in an alleyway; I could not say about the door before it was broken in.

Q. Did you see Ashburn's body that night after his death? A. I did before the police had been in the room and the Mayor came in.

Q. Did you see any person go into the room shortly after Ashburn's death, or about the time it occurred? A. The first man that went in was one Lawrence, a policeman.

Q. Where was his body when you first saw it after his death? A. Lying with his head against the wall at the back part of the room, and his feet pointing toward the table at a kind of an angle across the room.

Q. Were you present the next day when Dr. Tuggles was there? A. Yes, sir.

Q. Was the body in the same position when he was there as it was when you first saw it after Ashburn's death? A. With the single exception of being drawn about a foot toward the table; that was done for the purpose of straightening him out, so that he might not stiffen before he was straightened; it was done by the Mayor, or by his order.

Q. How many shots did it appear to you were fired at him? A. I think about fourteen, but won't be certain.

Q. Do you know how many wounds there were on his body? A. I think there was three or four; I won't be certain on that head, as I did not look at any of them except those on the head.

Q. Did you observe whether there were any shot holes through his clothes? A. There were some in the coat, but I didn't examine it closely.

Q. Were there many marks of shots in the walls or in the rooms? A. Yes, a good many.

Q. Did any person occupy that room with Ashburn? A. Nobody excepting me sometimes; there had been a gentleman in the same room, some nights previous to that, named Edwards.

Q. Who occupied the room next to his,

  page 44  

 

toward the street? A. Amanda Patterson and a colored woman.

Q. What is the name of the colored woman? A. Hannah Flourney.

Q. Who occupied the front room? A. Nobody in general occupied it; it was only rarely occupied by any party; I was late coming that night and I occupied it.

Q. Were there any other occupied rooms in that house? A. There was a back kitchen--two rooms--occupied by colored people; I don't know who they were.

Q. Were you examined before a coroner's inquest that was held there? A. Yes, sir.

Q. Did you make the same statement there that you have made here to-day? A. No, sir.

Q. Were you not under oath? A. I was under oath, but did not tell that I knew any of them or suspicioned any.

Q. Why? A. Because I should have been cutting my own throat if I had done so.

Q. What do you mean by "cutting your own throat?" A. I mean simply this, that I believe the Klu-klux Klan would have put an end to me, as they threatened to do so any way.

Q. Was it then because you were in fear of your life? A. Certainly.

Q. Have you at any time since the death of Ashburn, had any conversation with either of these persons on trial? A. Yes, sir.

Q. With whom? A. I have spoken to them all since I came here, I think.

Q. I mean had you any conversation with any of them in Columbus after the trial? A. I had one conversation with Mr. Chipley and Kirksey, I believe, about six or eight weeks after the occurrence; that is the only conversation with any of the prisoners that I have had.

Q. Where did that conversation take place? A. At the jail, I believe.

Q. Which side of the jail were you on? Inside or outside? A. We were in a room in the second story occupied by the sheriff.

Q. Did they come there to see you? A. Yes, sir.

Q. What business did they say they had come for? A. The principal of it was about politics--and to know what evidence would be against them--or what evidence I knew would be against them; that was the most of the conversation.

Q. State what they said on the subject

 

of the evidence? A. I could not state all that they said; it was principally that they thought there was nothing against them but this colored woman Flourney, or some other colored people; they wanted to know if I knew any of them that had told anything against them.

Q. Was there anything said in that conversation about Amanda Patterson? A. No, sir; not that time; nothing with these two men at all.

Q. Did they make any request of you in regard to these colored people? A. Nothing, except asking the question what it was they had said against them.

Q. Did they ask you for any assistance or aid of any kind in this trouble? A. No, not particular; they never asked me for any assistance; the assistance they asked of me was political, more or less.

Q. You referred awhile ago to a conversation with somebody else about Amanda Patterson? A. That was with one Mr. Hughes, a cotton merchant, and the other was Mr. Bowers, the banker.

Q. Will you state what that conversation was? A. He asked me, Hughes did, about Robert Daniel, if he was in the custom of coming to see this girl, and I told him that he was; could not say how often, but I had seen him there; and asked me if I thought she could have any evidence against Daniel, and I said I could not say; he asked me if it would not be as well to get her away from the place; I said "I do not know whether it would be suitable or not;" he said if she would go away there would be plenty of money furnished.

Q. Did he or any one else ask you to interest yourself to get Amanda Patterson away from there? A. I believe Mr. Bowers was the only one that ever asked me; Mr. Bowers and Hughes the only two.

Q. Did they both ask you or only one in the presence of the other? A. One at a time: they were not in the presence of each other; one was in the barber-shop, kept by Sandy Danfall, I think, and the other was in the bar-room behind Speers' jewelry store, in a back room.

Q. Which one had the conversation with you in the barber-shop? A. Hughes.

Q. When was that? A. It was about two or three days before Amanda Patterson's arrest.

Q. Was it before or after a number of persons had been arrested in Columbus on the charge of having murdered Ashburn?

  page 45  

 

A. I think it was three of them had been arrested; no, only two--Stevens and Barber--and the two colored people.

Q. Where and when did you have the conversation you mentioned with Bowers? A. In a back room of this bar-room kept by one Tom Campbell; I think it was about the same day that Hughes had spoke to me in the barber shop; I think one was in the forenoon and the other in the afternoon.

Q. Did either of these men ask you to try to get Amanda Patterson away? A. Not directly; merely hinted if she would go away that money would be had or plenty of money would be got, provided she would consent.

Q. Did they or any other person offer any inducements to you to leave? A. No; I was about to leave anyhow; about to come to Atlanta.

Q. Did you make any effort to get Amanda Patterson to leave? A. No, sir, but went to her one night when I was the worst for liquor and had a talk with her; I do not know what I said to her.

Q. Do you remember whether, in the conversation you have spoken of at the jail or anywhere else, Mr. Chipley said anything about Amanda Patterson? A. I believe there was some questions asked me; if she screamed when the party came in or made any noise; I believe there was some such question as that asked me.

Q. Did Mr. Chipley have any conversation about the "Ku-kluxes" that time or any time in the jail? A. Well, something about it; that I need not be afraid of the "Ku-kluxes" if I did--[witness hesitates].

Q. Did what? A. If I helped them politically, or something of that sort, there would be no danger for me from the "Ku-kluxes;" that is how I understood it.

Q. Did Kirksey have anything to say to you in this conversation about that interesting organization? A. I disrecollect; I think not; perhaps some little talk about it, but it had become so notorious--the talk of these Ku-kluxes--that I didn't pay any attention much to it.

Q. Did you receive any money from either of these parties on trial? A. No, sir; believe they were to pay fifty dollars for me, but I don't know whether they did or not.

Q. Were you in jail when they came to visit you? A. Yes, sir.

 

Q. Who got you out? A. I think it was them, but I can't say; the fine was paid; I did not see it paid.

Q. Did they say anything to you about paying your fine when they were there? A. I believe they did.

Q. You do not know who paid your fine? A. No, I don't know which of the two it was, or if it was any of them; but they said they would get it done.

Q. You were released soon afterward? A. Yes, sir.

Q. Do you know a man by the name of Thomas Clark? A. I know a man by the name of Joe Clark--a barber; that is all.

Q. Did you receive any money from him? A. I received $3.75, I think, if I am not mistaken.

Q. What was that for? A. To pay for some affidavits.

Q. What affidavits? A. Against one Justice of the Peace, named Bostwick.

Q. What was that for? A. That he was not a citizen.

Q. What had that Justice been doing? A. Nothing particular at that time.

Q. Hadn't he issued warrants for somebody? A. Yes, sir; some time previous to that.

Q. Who had he issued the warrants against and had arrested that you know of? A. I believe most of the prisoners here present.

Q. Then you were employed, were you, by him to get up a prosecution against this Justice of the Peace? A. No, sir, but for myself; it was he that had commenced the prosecution against me, and it was on my own account that I did that.

Q. I will ask you now to point out or call out the names of those persons among the accused here who you saw in Ashburn's house the night that he was killed. (The witness here named and pointed to James Barber, William Duke, and Robert Hudson, the accused, who, at the request of the Judge Advocate, severally rose to their feet as their names were called. Witness then said, "The other two I don't see here.")

Q. Were these the three that fired? A. These three fired, I think.

Q. Are there any others here that fired that night? A. No, I don't see any others.

Q. Did you see there that night any others of the prisoners that you see here present to-day? A. No, I didn't see any others that I knowed.

  page 46  

 

Q. If you had been acquainted with all the parties in the house could you have recognized them? A. I don't know that I could have recognized more than two others that I had seen, but I didn't know them; I only seen about seven in all.

Q. Were you in a position to see everybody in the house? A. No, sir.

Q. Were you particularly anxious to be seen yourself? A. No, sir; I was not.

Q. Were you not really hiding from observation? A. I was.

Q. Were you not excited and alarmed? A. I was.

Cross-Examined--Questions by Defense.

Q. Didn't you say, Mr. Bennett, that you were not certain whether Hudson was there in your direct examination? A. I ain't certain positively as to the man; I would not like to swear positively as to the man; the other three I am pretty certain of.

Q. Which three are you certain of? A. I believe it is James Barber, Duke, and Betz.

Q. You said you would not be certain positively as to Hudson, because he was masked; how can you be certain as to the other three, as they were masked? A. I seen them standing up, he was in a stooping position and his coat was hanging over his face, and I could not see him so well; I saw only one side of his head as he passed by the door.

Q. Who was stooping? A. Hudson.

Q. Where was he stooping? A. In the edge of the door, rather on the side of the door.

Q. Do you mean the door where the shooting was? A. Yes, sir.

Q. How did you know the other three who were masked as well as the other persons? A. By their personal appearance, and the light shone better on them.

Q. What do you mean by the personal appearance? A. The shape; I mean their bodily appearance; I could know I was well acquainted with his back to me, or if they were at a distance, I could recognize them by their personal appearance.

Q. Is that the only ground on which you made the statement that you knew these three persons? A. I can't explain why I know a man when I see him; I can't describe the optical between two men.

Q. You judge then just from the size and conformation of the body? A. And their walk and movement.

 

Q. You were very much excited, were you? A. Yes, sir; I was considerably excited.

A. You have already stated on oath that at the coroner's inquest, you stated that you knew none of these parties? A. I did not say that I knew anybody.

Q. Were you asked if you knew any of those persons that came into the house? A. I think I was, but I ain't certain; I disrecollect what was said.

Q. If you were, what did you say? A. I disrecollect; I evaded the question as far as I could.

Q. Have you not stated on your direct examination here to-day, that you did swear that you did not know them on that occasion? A. I think I stated that.

Q. You do now swear, that you did then swear at the coroner's inquest that you did not know them? A. I think I stated to them that I did not know any person.

Q. Didn't you state on the direct examination, that at the coroner's inquest you testified that you didn't know the parties? A. I did testify that way, I think.

Q. You assigned as a reason why you testified that way, personal fear or apprehension? A. Yes, sir.

Q. Was not a military garrison in Columbus at the time? A. Yes, sir.

Q. Who was in command there? A. Captain Mills.

Q. What number of troops were garrisoned there? A. I don't know the number.

Q. Were there quite enough to protect every person who would appeal to the commanding officer for protection? A. If I went to the barracks and staid there; I believe there was.

Q. When was it you stated you were imprisoned in Columbus? A. I believe it was the second Monday in May; I don't know precisely.

Q. How did Mr. Chipley and Dr. Kirksey happen to visit you at the jail? A. I don't know, sir.

Q. Were you sick? A. No, sir.

Q. Didn't Dr. Kirksey attend you there as a physician? A. He did not attend me; he was the county physician.

Q. Is Dr. Kirksey the county physician? A. He was the county physician.

Q. Did he visit the sick in jail, those that were confined by the orders of the county court? A. I do not know.

Q. What were you in jail for? A. I

  page 47  

 

believe it was a whisky bill, obtained partly by the Union League and partly by myself.

Q. Was it for debt? A. It was for a fine of fifty dollars that they put me in.

Q. What was the fine imposed upon you for? Q. I do not know what it was imposed upon me for, more than that was the main cause of it.

Q. Was it not for getting whisky under false pretenses? A. I do not know; that was said to be the cause, but I do not know that you can drink by the glass and get it on false pretenses, going backwards and forward.

Q. Was not the charge on which you were convicted for getting whisky under false pretenses? A. I do not know what the charge was; I never read it.

Q. Was not the charge brought by a member of the Loyal League? A. I believe it was.

Q. Who was it that prosecuted you? A. I believed it was an old Jew called Coleman.

Q. Did you then appeal to members of the Democratic party for assistance? A. No, sir; I had no means of communicating with them unless they came to the jail to me.

Q. Didn't you send word through George Horton, the Sheriff, to the leading members of the Democratic party? A. I did not; if he sent any word, it was on his own responsibility, not mine.

Q. Did you not send word to them by John Cleghorn, the Jailer? A. I do not know if I knew any of them or had spoken to them.

Q. Have you not sworn that you knew Mr. Barber at night and under a mask? A. I did.

Q. Was he not one of the leading members of the Democratic party? A. I do not know.

Q. Didn't you know that he was a candidate for the clerkship of the county? A. Yes, sir, I knew that he was a candidate, but knew nothing about the Democratic party.

Q. You knew he was running on the party opposed to the one to which you belong? A. I knew he was running on the party opposed to the one to which I belong.

Q. To which party do you belong. A. Republican.

Q. What name does the party opposed to the Republican party in Columbus take? A. Democracy.

Q. Well, then, you now swear that you did know that Mr. Barber was the candidate of the Democratic party for Clerk of the Court? A. I did; he was that.

Q. Didn't you know that Mr. Chipley was Chairman of the Executive Committee of the Democratic party? A. I did not know; I paid no attention to the Democratic party whatever. I had no knowledge of it, no knowledge as to who was chairman, nothing of its organization; might have seen it stated, but didn't pay any attention to it.

Q. Did you not tell Mr. Cleghorn, the Jailer, that you would deliver to Mr. Chipley, Chairman of the Executive Committee of the Democratic Club, certain letters and other political papers if he, Chipley, would get you out of jail? A. I told Mr. Chipley that; he demanded that of me; he demanded no political papers of me for that; I was to send them to him by Cleghorn, as security, if I would work with their political party to a certain extent.

Q. Did you agree with Mr. Chipley to turn over the papers to him and work with the Democratic party if he would get you out of jail? A. No, sir; I did not agree to work with the Democratic party. I was to work with the Republican party, and was to tell him what white members belong to the Union League?

Q. You were to be in the League and communicate to Chipley what white members belong there? A. Yes, the white members belonging to the League.

Q. Was not that the consideration on which you were taken out of jail? A. That was part of it, I think.

Q. Was not the other part that you were to furnish them a list of the Loyal League and a letter from Foster Blodgett? A. I believe he asked something of that kind, that I had a letter of Foster Blodgett; I think that was his demand, but I do not think he ever got it.

Q. Was not that consideration the other part of it? Didn't you tell him you had such a letter from Foster Blodgett, and that you would furnish him that, besides giving him a list of the Loyal League, if he would get you out of jail? A. I think he made that demand, but I didn't comply with it.

Q. You speak of a demand; I speak of

  page 48  

 

the agreement between you. A. I do not think there was any agreement, but it was voluntary upon both parties; there was no specified agreement whatever.

Q. You were in jail under a fine of fifty dollars and the costs, and you proposed that if he would pay this fine and get you out of jail, you would give him a list of the Loyal League and furnish him the names of all the white men in the Loyal League, and also a letter from Foster Blodgett, you said you would do that, and he would do the other--voluntary on both sides? A. No, the proposition came from them, not from me--that was the proposition.

Q. Did you agree to that proposition? A. In part I did.

Q. In what part did you not agree? A. In furnishing the list of the Union League.

Q. You didn't furnish the list of the Union League? A. I did not.

Q. Was the other part of the proposition carried out? A. So far as the sending over of some four letters in my possession one year.

Q. Were you released from jail, and the fine paid, and you turned over some of the letters. A. I did. I gave an order to the jailer to go and find what letters were in the trunk. One of the letters there was Mr. Ashburn's, and one from Costino.

Q. Did you tell Mr. Chipley that the letter from Foster Blodgett was political, and would do the Democratic party good to have it. A. I did not. The idea was this, that I was to write to Foster Blodgett, and aid Foster Blodgett in getting a city election, instead of an appointment. That was the object of it.

Q. Didn't you deliver to Mr. Chipley a letter from Foster Blodgett? A. I do not know what was in the trunk. All the letters there, I think I gave him, one from Bryant, the foot of it little torn, the signature torn.

Q. Didn't you say that the Foster Blodgett letter was delivered by Mrs. McCarter to Mr. Chipley. A. I do not know such a person in Muscogee county.

Q. Who was it you gave the order to to deliver the letter? A. It was to one Mrs. McClary.

Q. Didn't Mrs. McClary deliver it? Don't you know that Mrs. McClary delivered it? A. I don't know, because I have not seen the woman since.

 

Q. Have you ever seen the letter since? A. No, sir.

Q. Was it in your trunk? A. I think so.

Q. Have you examined the trunk since? A. No, sir.

Q. Never examined it since? A. No, sir.

Q. You gave the order to Mrs. McClary to deliver it. A. I gave the order to deliver what letters she could find in the trunk, I think was the wording of it.

Q. Who is Mr. Costino that the other letter was from or to? A. Mr. Costino, I believe he is a colored man, a member of the present Legislature of Georgia, and the letter, I believe, I got from Mr. Ashburn the night he was killed.

Q. Mr. Costino, then, was a man of political influence with his party, or supposed to be so? A. In Talbotton, I suppose he was. He did not belong to Columbus or Muscogee County.

Q. Didn't you represent to Mr. Chipley that the possession of this and other letters would be valuable to him or the Democratic party, politically. A. I did not. He demanded this as security that I would aid him in obtaining a city election. The letter was given as security.

Q. Did you promise them to aid him in the city election? A. I believe I promised to aid in obtaining a city election, instead of an appointment. There was talk that there was to be a military appointment, and I was to use my influence in getting an election instead of an appointment.

Q. If that was the object, how did Mr. Chipley know that you had those letters in your possession?

A member of the Court here objected to further examination on this point, as being irrelevant.

The counsel for the defense rose to state the object, to show relevancy of the testimony.

The President of the Court asked that it be put in writing, which was done in the following words:

The object of the testimony is to show that the money that Chipley furnished witness in getting him discharged from jail was in no way connected with the Ashburn assassination, but was in consideration of certain services, that witness was to render the Democratic party. It is to fully and clearly account for this entire transaction, disconnecting it entirely from the object

  page 49  

 

which the prosecution intended to establish by its introduction.

The Commission here retired, and after due deliberation returned; and, after the members were seated, the decision of the Commission was announced by the Judge Advocate, "That the Court sustains the objection in question."

The Court deems it proper to state, that the defendants C. and K. have a right to show, if they can, a different motive for their interference in behalf of the witness when in jail from the one attempted to be established by the prosecution, but in doing so they must confine themselves within proper limits. The Court is of opinion that the cross-examination of the witness on the stand has extended to irrelevant matter.

Q. What business were you engaged in at the time of the decease of Ashburn? A. I was keeping a bar-room.

Q. Whose bar-room? A. It was partly owned by myself, and partly by a fellow named Turner--a man named Turner.

Q. You said that man Turner, or that fellow Turner--who is Turner? A. Matthew Turner.

Q. How far was your place of business from the house where Ashburn was killed? A. It was about a mile, nearly.

Q. Did you not go to the house where Ashburn was killed on the night of the killing, in company with Mr. Woodfield, to see Ashburn, to get money that you claimed that Ashburn owed you? A. I went in company with Mr. Woodfield, early in the evening, about money that he owed Mr. Woodfield. I was to get mine the next day.

Q. Did Mr. Ashburn owe you, and how much? A. He owed me considerable. I could not tell exactly how much he owed me--a little over sixty-seven dollars at one time, and several other bills that I looked over.

Q. Did Mr. Ashburn settle with you that night? A. He did not; he was to settle with me the next day.

Q. Did you and he come to an agreement as to how much he owed you, that night? A. We did not come to any solution that night. Mr. Woodfield's was talked about, and only his, as he was going out to a meeting that night.

Q. Did you not say the next morning after the killing, on Broad street, in Columbus, to Mr. Horton, that you went down with Woodfield to get your money, and that Ashburn gave you an order on

 

Dr. Tuggle for it? A. Who is Mr. Horton? I don't know the man. I don't think I ever spoke to him. I spoke to Mr. Wilkins the next morning. I don't know any man named Horton.

Q. Did you tell anybody in Columbus that if Ashburn had not settled with you that night you would kill him? A. I did not.

Q. Were your relations with Ashburn friendly or unfriendly? A. They were not unfriendly at that time--they were friendly. We had explained the matter. It was a difference on election matters.

Q. Do you know Mr. John Duncan, of Columbus? A. I know him by sight.

Q. Do you know his father? A. I had the same acquaintance that I did with John.

Q. Did you ever say anything to either of them, or both of them together, about the killing of Ashburn? A. I did.

Q. What did you say? A. Do you want me to state the whole conversation that occurred between us?

Q. Didn't you state to him, if that d--d old Ashburn had not been killed when he was, you would have killed him? A. No, sir.

Q. You say you did not state to either of them, or both of them, those words? A. No, sir.

Q. What time did you reach the house in which Mr. Ashburn lived, and in which he was killed? A. I think it was between seven and eight, or six and seven. I don't exactly know what time he came there. I had seen him in the afternoon, previously to that, me and Woodfield both, and then we were to meet him at night. I came there for that purpose.

Q. Was Mr. Ashburn there when you got there? A. Yes, sir.

Q. Did Mr. Ashburn remain there? A. No, sir; he went to the meeting at the Temperance Hall.

Q. Was that a political meeting? A. It was.

Q. What time did he come from that meeting? A. I don't know; I was at Mr. Woodfield's house when he came home; he was home before me.

Q. What time did you go back to Hannah Flourney's? A. I think it was 11 o'clock, or after 11; it was somewhere after 11.

Q. Did you usually sleep in that house? A. I had been in the habit of sleeping

 

  page 50  

 

there since Mr. Ashburn came back from Atlanta; sometimes I would sleep at the shop, but very little.

Q. Had you slept there the night before? A. I disrecollect whether I had or not; rather think I did.

Q. You state that you usually slept there; that is your statement? A. Since Mr. Ashburn came back from Atlanta.

Q. Did Mr. Woodfield return to that house that night with you? A. He didn't return after he went to his house.

Q. Didn't you state to Mr. Horton next day after this occurred, that Mr. Woodfield returned with you to that house, and that the firing commenced, or the party came, within fifteen minutes after he left? A. I did not. I did not speak to Mr. Horton the next day. Mr. Horton was not in the habit of speaking to me under any circumstances.

Q. Did Ashburn fire his pistol that night in the room? A. I think not; I wouldn't be certain, but I think not.

Q. Didn't you tell Mr. Murphy and others that Ashburn fired one shot and you thought two; but was positive that he fired one shot that night? A. Mr. Murphy was looking at the pistol, and seeing it was not fired, seeing that there was not a chamber empty, there was no necessity for my saying that.

Q. You state that you did not make that statement to Mr. Murphy? A. I made no statement to Mr. Murphy at all; it was to Mr. Mayor that I made any statement that was made.

A. What time were you arrested? A. The first day of last month, June.

Q. Where were you taken? A. To Fort Pulaski.

Q. Where were you put there? A. In a cell.

Q. What was you arrested for? A. I don't know.

Q. Were you ever told what you were arrested for? A. No.

Q. How were you treated there? A. Received the same fare as soldiers generally received -- soldiers' rations; only closely confined; that was the only trouble that was to it.

Q. Were you confined in a cell? A. I was.

Q. What was the size of the cell? A. I should suppose it was about seven or eight feet long by four or five feet wide.

Q. Who visited you there? A. An officer named Reid, I believe.

 

Q. Was he a Government detective? A. I think he was, but do not know.

Q. Did he ask you to make any disclosures about Ashburn's assassination? A. He asked me why I should have gone to this girl while I was full of whisky, and this affair about Mr. Woodfield is the only thing I am aware of.

Q. Had you ever before stated to anybody about your knowledge of these three persons accused? A. I had.

Q. Whom had you stated it to? A. To Captain Mills, and, I believe, to Major Smythe.

Q. Was that before you were arrested? A. I think that was one day after the occurrence that I told Capt. Mills; it was but a short time; it was three or four days after the occurrence that I told Major Smythe; I wouldn't be certain.

Q. Did Mr. Reid ask you about the same? A. No, sir; it was about the conversation at the jail, and about going to see Amanda Patterson.

Q. When did you first see Mr. Whitley? A. At Capt. Mills' office, the morning I was arrested.

Q. Did he go to Savannah with you? A. No, sir.

Q. Did you see him in Savannah while you were under arrest at Fort Pulaski? A. I did not see him while I remained a prisoner at Fort Pulaski, but after I came away.

Q. Where did you see him after you came away? A. At Atlanta.

Q. You did not see him from the time of your arrest till you came to Atlanta? A. I think not.

Q. Where were you put when you were brought here? A. I was put in a room where there was some other witnesses.

Q. Where were you placed after that? A. In a cell in the guard-house.

Q. Been kept in a cell ever since? A. No.

Q. How long were you kept in a cell? A. I disrecollect how long.

Q. Were there any statements made to you that by making disclosures you would be removed from the cell? A. No, sir; no offers of any kind were ever made to me.

Q. Can you account for your being arrested and put in a cell and kept in a cell for so long a time as you were? Any reason assigned you for it? A. I understand it was attempting to leave Columbus, or to go away with this girl; I do not know exactly.

  page 51  

 

Q. Had Mr. Whitley ever had any conversation with you about your testimony? A. I disrecollect; we have spoken many times on various subjects; I do not think there was any specified conversation on that subject.

Q. Were you confined with any of the other prisoners, or were you together at any time? A. George Betz was the only one and Marshall and a boy named Stephens.

Q. Were you confined for a part of the time in close confinement with Betz alone? A. I was.

Q. What did Mr. Whitley tell you, the third day of your close confinement with Betz, would be the result if you did not disclose? A. I believe he said that I should stay there till I rotted, or something to that effect; I believe that was the amount of it.

Q. Did you see the affidavit that Mr. Whitley got Betz to make there? A. It was not made in the cell I was in; I merely got a sight of it--did not read it at all.

Q. You do not know the substance of it? A. I do not; I know a few of the names; I know nothing of the substance.

Q. Was Betz with you last night? A. Yes, sir; he was in the room all night.

Q. Sent to your room? A. I think so.

Re-direct Examination by Prosecution.

Q. Do you know why you were confined in the cell with Betz alone? A. I do not exactly know why; I have an idea, but do not exactly know the real cause of it; I believe Mr. Whitley asked me if I would go in the cell and I said I would; when I was taken there I believed strongly that he was one of the parties that did the shooting of Ashburn.

Q. Did you go in at the suggestion of Mr. Whitley or by his direction? A. I volunteered to go.

Q. For what purpose did you volunteer? A. I believe it was to see if I could induce him to go over to the State's evidence.

Questions by the Court.

Q. What did you state to the Duncans? A. Well, sir, Mr. John Duncan, some time previous--I think it was three days previous--strongly induced me to turn a Democrat, saying that something was going to happen; he strongly advised me to quit Ashburn and stop with him altogether; I

 

said I'd see about it; at that particular time, and the morning after Mr. Ashburn's death, I went there; thinking he was one of the party, I said, after taking a drink or two, "I wonder why I escaped that night?" and he said "because you had turned a Democrat;" he then said nobody would be hurt for killing old Ashburn in a whore-house anywhere else except in the United States; I don't recollect what I said in answer to various inquiries made.

Q. What kind of arms were used by the accused named? A. Revolvers.

Q. Were you released from jail and your fine paid in consideration that you would not say what you know about the death of Ashburn? A. No, sir, there was no such thing as that.

The Court then adjourned till 10 o'clock to-morrow morning.

McPherson Barracks, Atlanta, Ga.,
July 3, 1868.

The Commission met pursuant to adjournment.

Present--The same members as yesterday, the Judge Advocate, the prisoners on trial and their counsel.

The record of yesterday's proceedings was read and approved.

Henry L. Benning, Esq., of counsel for accused, appeared and took his seat.

The counsel for accused requested that the court instruct Capt. Mills, who had in charge the testimony taken at the coroner's inquest, to forward the same, for the purpose of being used upon the trial now proceeding.

The Judge Advocate stated that he would have Captain Mills subpœnaed, with instructions to bring with him the document referred to, if in his possession.

Questions by the Judge Advocate.

Amanda Patterson, a witness on be-behalf of the prosecution was then introduced, and having been duly sworn, testified as follows:

Q. What is your name? A. Patterson.

Q. Your full name? A. Amanda Patterson.

Q. Your age? A. Going on eighteen.

Q. Where do you reside? A. Columbus.

Q. What State? A. Georgia.

Q. How long have you resided there? A. About six years.

  page 52  

 

Q. Were you acquainted with George W. Ashburn, in his lifetime? A. About two weeks was as long as I was acquainted with him.

Q. Were you living in the same house with him at the time of his death? A. Yes, sir.

Q. Had you known him previous to going to that house to live? A. Yes, sir.

Q. How many rooms are there in that house? A. Five, sir.

Q. Did you occupy either of these rooms? A. Occupied one of them.

Q. Will you state which one of them; that is, whether first, second, third or fourth from the front? A. Second from the front.

Q. Which room did Mr. Ashburn occupy? A. Third room.

Q. Were you in your room the night that Ashburn was killed? A. Yes, sir.

Q. Now, state to the court, in your own way, what happened that night in relation to his death? A. There came a crowd of men to the door, knocked and asked for the door to be opened; Hannah says, I shan't open the door this time o' night for nobody; she asked them who was there; they said "Mary Tillinghurst;" Hannah asked 'em who they wanted to see; they said they wanted to see "Mandy;" she told them they couldn't see "Mandy;" then they asked for her; she wanted to know what they wanted with her; they said for her to come to the door a minute; she told them she shouldn't do it: they told her if she would not open the door they would burst it open; she told them they might burst it if they wanted to; so they burst it open and come in.

Q. Well, what did they do when they came in? A. When they asked Hannah who was in there, she said nobody but me and her; then they went to Mr. Ashburn's door and told him to open it; he asked what was wanting, and they told him to open the door; then he opened the door and they commenced firing.

Q. Was there any light in the front room when these persons broke in? A. No, sir; there wasn't no light in either one of the rooms.

Q. Was there a light in that room--the front room--at all, that night after they broke in? A. No; no light at all, only what they brought in; they lighted a light in the room after they came in.

Q. Did you see the persons who fired on

 

Ashburn? A. No, sir; I didn't see them; I went into the front room.

Q. Did you see Bennett there that night? A. Yes, sir, I saw Mr. Bennett.

Q. Were any females there that night? If so, state who they were. A. None but me and Hannah Flourney.

Q. How many persons seemed to come into the house at that time? A. Well, I could not tell how many there was in the front room; there was a good many; there was not so many come into the middle room, though; I don't know exactly how many did come into the middle room.

Q. Which room were you in when these parties broke into the front room? A. In the second room.

Q. Was there any person in there with you at the time? A. No, sir; no one but Hannah Flourney.

Q. Did you see any persons that night in your room besides the usual occupants of the house? A. Yes, sir, I did.

Q. State who you saw. A. I saw Chipley, Dr. Kirksey, and Bob Hudson, Columbus Bedell, Jim Barber, and George Betz, and Bill Duke.

Q. Do you see any of the parties you have named now in this room? If so, point them out. A. Yes, I do. [Witness here pointed out the three mentioned among the accused.]

Q. Were these parties disguised in any way? A. Yes, sir; they had on masked faces.

Q. Did you see any one or more of them that night without masks? A. I didn't see but one.

Q. Who was that? A. I don't know, sir; a stranger to me.

Q. Did any of these that were masked lose their masks that night? A. Yes, sir; Columbus Bedell lost his.

Q. Where did he lose his mask? A. It dropped off his face when he went out the front door.

Q. Did any conversation take place between you and him at that time? If so, state what it was. A. None at all, only, as he went out the door, he told me if I told on him he would kill me.

Q. Did this take place in the daytime or at night? A. Night.

Q. Do you know what day of the month or week? A. I don't know, sir; it was Monday night,

Q. What time in the night? A. It was between twelve and one o'clock.

  page 53  

 

Q. Had you had any conversation with any of these parties previously in regard to the killing of Ashburn? A. I had a conversation with Chipley, Dr. Kirksey, and Jim Barber.

Q. Where did that conversation take place? A. Up over Spears'.

Q. State how you came to be there. A. I went to see the Doctor.

Q. What Doctor? A. Moses.

Q. Were they in the Doctor's office? A. No, sir, they wasn't.

Q. Where were they? A. They were in another room.

Q. State the conversation you had with them. A. Well, I went up there; they were in a room, and when I come out Barber says "Mandy;" and I says, "What do you want?" and he says, "Come here." I just walked to the door--never went inside--and him and Chipley says, "We are going to kill old Ashburn the night of the day he speaks." I told them not to do it while I lived there.

Q. When did this conversation take place? how long before Ashburn's death? A. On the Tuesday evening before the Monday night they killed him.

Q. Was that all the conversation that took place between you and them at that time? A. No, sir; I told them not to come while I lived there, and I told them that they did not know how to get in; they said they knew as well how the house was fixed as I did; and they said if I told what they said they would kill me.

Q. Did you hear either of these parties, at any other time before Ashburn's death, say anything about killing him. A. I heard Columbus Bedell and Jim Barber.

Q. When and where was that? A. It was on the street, on the Wednesday, I believe, before the killing, Monday.

Q. On what street was it? A. Broad street.

Q. In what place? A. Down close to the new bank, Columbus.

Q. What did you hear said by either of these parties at the time? A. As I was passing by I heard Jim Barber say to Columbus Bedell, says he, "We're going to kill Ashburn."

Q. Had you any personal acquaintance with Columbus Bedell at that time? A. No, sir; I had talked to him some few times; not often.

Q. Have you seen him to talk to him since the killing of Ashburn? A. Yes, sir.

 

Q. When and where? A. He came up to my house about a week before I came from home.

Q. What did he say to you then and there? A. He said not much of anything, only he said he wanted me to come to his room with him.

Q. Did he ever visit you before? A. No, sir; never was in my house before in his life.

Q. How long did he stay that time? A. He didn't stay more than half an hour.

Q. Any person present when he was there? A. Yes, sir.

Q. Who were they? A. Agnes Kyles, Georgie Allston, and Almeda Ridley.

Q. Did you go with him as requested? A. No, sir; I did not.

Q. Did he give any reason why he wished you to go with him? A. No, sir.

Q. Did you make him any promise? A. No, sir, I didn't make him no promise.

Q. Did he tell you where his room was? A. Yes, sir; he told me where it was.

Q. Did he tell you to come some other time if you could not go then, or anything of that kind? A. Yes, sir; I was sick at that time and he asked me when I got well if I would come.

Q. Have you had any conversation with any person, since the death of Ashburn, about leaving Columbus? A. No; none except with Mr. Bennett; Mr. Bennett came to my house and wanted me to go away.

Q. Well, what did he say to you about going away? A. He asked me if I didn't want to go away; I told him no; I asked him why he wanted me to go away; he said the Ku-kluxes would kill us; he said if the Yankees carried us off and put us in prison we would die; he said he didn't want to swear anything against the men; I told him I would not go at all; he said Mr. Bowers and Columbus Bedell was to furnish the money to go away if we would go and not swear anything against them.

Q. Why did you not go with Bedell, as he requested? A. Because I didn't want to go; I was afraid he wanted to get me down there and kill me.

Q. What would he want to kill you for? A. Afraid I would tell anything on him.

Cross-examined by Defense.

Q. Were you examined at the Coroner's inquest? A. Yes, sir.

Q. In that examination did you not

  page 54  

 

testify that you did not know any of these parties? A. Yes, sir, I did; I would not tell 'em I knowed 'em.

Q. Do you know Mr. McCanlis, that lives near your house? A. Yes, sir, I know him.

Q. Did you see him that night after the death of Ashburn? A. Yes, sir, I seed him.

Q. Did he come into your house? A. No; I saw him standing out by his gate.

Q. Any conversation between him and you as to the persons in the party immediately after the death of Mr. Ashburn? A. No, I had never no conversation with him; I never spoke to him.

Q. Did not you speak to Mr. McCanlis that night after Mr. Ashburn's death? A. No, sir; I never spoke to the man.

Q. Did not he ask you if you knew any of them? A. No; I never spoke to him.

Q. Didn't you tell him that you did not know any of them? A. No; never spoke to him at all that night.

Q. Did you see the son of Mr. Ashburn there that night after his father was killed? A. Yes, sir.

Q. Did he ask you if you knew any of the parties that killed him? A. No; his son never asked me if I knew any of them at all.

Q. Were you in the room with his son where the body was lying? A. Yes, sir; I was in there.

Q. Didn't he ask you if you knew any of them there in the room? A. He never asked me if I knowed 'em.

Q. Who were present at the time you say Dr. Kirksey, Chipley and Barber told you that they were going to kill Ashburn? A. I don't know; there was some more men in the room I didn't know; there was no one with me at all.

Q. What time was it that you had this conversation with Mr. Chipley and Barber and Kirksey? A. It was in the evening on Tuesday before they killed him, Monday night.

Q. Was that the time you say you went to Dr. Moses' office? A. Yes, sir.

Q. Was it at Dr. Moses' office? A. No, sir; it was not.

Q. Where was it then? A. It was in another room, in the same building.

Q. Where was that building? A. Where was the building? Up over Spears'.

Q. Do you mean Spears' jewelers' store? A. Yes; I mean Spears' jewelers' store.

 

Q. When were you first arrested? A. I don't know what day it was, now.

Q. As much as three weeks ago? A. Three weeks? It will be six weeks or seven weeks to-morrow since I left home.

Q. Who arrested you? A. Captain Mills sent up and had me arrested; I never asked him anything about it, or who had it done.

Q. Where were you first taken to? A. Me? I was taken down to Fort Pulaski.

Q. How were you treated there? A. Oh, I was treated mighty well.

Q. Where were you put? A. I was put in a room.

Q. By yourself? A. Yes; by myself.

Q. What was the size of the room? A. A tolerable large room.

Q. Any person visit you there? A. Yes, Captain Cook visited me there.

Q. Did he converse with you about this affair of Ashburn's assassination? A. No, I never said anything to him about it.

Q. Who first mentioned the subject to you, of the assassination of Ashburn, after your arrest? A. Mr. Whitley.

Q. Did he tell you that that was what you were arrested for; to give evidence on that subject? A. Yes, sir.

Q. What did he state to you about your evidence? A. He asked me what I knew about it.

Q. Did he tell you that you would be confined until you made a disclosure? A. No.

Q. Did he tell you that you would be confined--not released--until you made a disclosure? A. Yes, he told me I would be imprisoned until I told about it.

Q. Did he tell you what could be proven by other parties? A. No.

Q. Did he tell you that he knew that Kirksey and Bedell and Chipley and Duke were there? A. No, he never said anything about it; he never told me that he knew they were there.

Q. Did he ever mention the names of these gentlemen to you? A. He never mentioned their names until I told him they were there.

Q. How long was it before you told him they were there? how long after your arrest? A. Not long.

Q. Did you ever see Mr. Whitley until you came to Atlanta? A. Yes, sir.

Q. Where did you first see him? A. I saw him down at Fort Pulaski.

Q. How long have you been in Atlanta--how

  page 55  

 

long since you came up? A. Been here four weeks.

Q. How much a day did he tell you he would give you? A. Never told me he would give me anything.

Q. Did you not tell the guard that Mr. Whitley told you he would give you a certain amount of money, and if so what amount? A. No, I did not.

Q. What time of day was it when you heard Bedell and Barber speak of killing Ashburn? A. In the evening, between two and three o'clock.

Q. Who were present when Bedell and Barber spoke to you on the street. A. There wasn't no one at all. They didn't speak to me; I just heard them speaking, when I was passing by.

Q. Were any persons present with them? A. No, they were by themselves.

Q. What part of the street was it, and what street was it? A. Broad Street.

Q. What part? A. Not very far from the new bank.

Q. Where is the new bank? A. On Broad Street.

Q. What part of the city is it in? A. About middle-way in the city.

Q. How far from the Perry House is it? A. It is nowhere's near the Perry House.

Q. How far from the Post-office is it? A. Post-office! It is nowhere's near it.

Q. How far from the City Hall is it? A. I don't know where the City Hall is.

Q. How far from Spears' jewelers' store? A. A good piece below.

Q. Which side of the street was it on? A. On the left-hand side as you go down.

Re-examined--Questions by Judge Advocate.

Q. In your cross-examination, you stated that you would not tell the Coroner's Jury what you knew about the persons who killed Ashburn, or words to that effect; now tell me why you would not tell before the Coroner's Jury all that you know about that matter? A. Because I was afraid of my life. That's the reason I didn't tell it.

Q. Why were you afraid of your life? A. Because I was. I was afraid they would kill me.

Q. Why were you afraid they would kill you? A. Because I knew they would have killed me if I had told anything on them.

Q. State whether or not you had been warned by any one not to tell? A. I was

 

warned by Chipley and Barber before it occurred, that if I told anything on them they would kill me.

Q. But I mean by any officer? A. No, by no officer.

Q. Did anybody else warn you, before the Coroner's inquest met, not to tell what you knew about it? A. Yes, Mr. Bennett told me not to tell anything there about it.

Q. What did Mr. Bennett say to you? A. He told me not to tell anything there that I knew about it. He said he was not going to tell anything he knew, and if we did tell, they would kill us all.

Q. Did the conversation you had with Chipley, and Barber, and Kirksey, over Spears' store, take place in the room, or in the hall, or where? A. They were in the room.

Q. Where were you? A. Standing in the hall, right by the side of the door.

Q. Whereabouts were they standing? A. In the door.

Q. Were the other persons whom you there saw in the room, near to those with whom you were conversing, or not? A. No, they were standing about middle-ways in the room.

Q. Did they speak in a loud voice? A. Not very loud.

Q. Did they speak to you loud enough to be heard by the other persons in the room? A. Yes, sir, they did.

Re-cross-examined-- Questions by Defense.

Q. Had you left Dr. Moses' office before this thing took place? A. Yes, sir, he was not there.

Q. How far was his office door from the door where these gentlemen were? A. not far.

Q. On the same floor? A. Yes, sir.

Q. How far from the door--six feet, or ten, or what? A. The Doctor's office was on one side of the hall, and they were on the other.

Q. Is his office door right opposite? A. No, not opposite.

Q. What distance do you think it is from one door to the other? A. I don't know; I never took no notice.

Q. Is it eight or ten feet? A. I don't know how far it was.

Q. Which is nearest to the entrance of the hall--the door of Dr. Moses' office or the one these gentlemen were standing in? A. The door these here men was in.

  page 56  

 

Q. Was Dr. Moses' office door open? A. No, sir.

Q. Any other office door open? A. No; no doors were open at all, only the door them men were in.

The Court then took a recess of ten minutes at the request of one of the accused, after which the Commission was again called to order by the President.

Questions by Judge Advocate.

Wade H. Stephens, a witness on behalf of the prosecution, was then called, and having been duly sworn, testified as follows:

Q. State your name, age, and occupation. A. Wade H. Stephens; 21 years of age; occupation, harness-maker.

Q. Where do you reside? A. Columbus, sir.

Q. There are about forty Columbuses in the United States; in which do you reside? A. Columbus, Georgia, sir; Muscogee county.

Q. How long have you resided there? A. About eight years.

Q. Are you acquainted with Dr. Kirksey? A. Yes, sir.

Q. How long have you known him? A. Seven or eight months; probably more.

Q. Is he here? A. Yes, sir.

Q. Which is he? A. There he is over there, sir; next to Mr. Roper (pointing to one of the accused).

Q. State whether you had any conversation with him in regard to the killing of George W. Ashburn. A. I had a conversation with him before the killing of Mr. Ashburn; about three weeks.

Q. State that conversation, if it related to the killing of Ashburn. A. I met him on the street, sir, a few blocks below the court-house; he stopped me and called me to his buggy; he was in his buggy at the time; he asked could I keep a secret; I told him of course I could; he told me there was a party got up in that place to go to a certain place at a certain time and there put an end to old Ashburn, and if I would join the party he would give me fifty dollars; I refused his money and went away; he called me back to him and said if I would not go with the party not to expose what he said to me; nothing further occurred at that time; I spoke a few words afterward to him when we were prisoners in the court-house.

Q. What was your conversation in the court-house, if it related to the killing of

 

Ashburn? A. Well, sir, the party refused to give bond for me; Capt. Mills, I believe, told me he was required to take bond from each one of them to the amount of twenty-five hundred dollars, and they refused to give bond for me; I think Mr. Moses was the man who refused; he said the reason was he didn't know me; I made myself known to him, and he knew me very well after I told who I was; I stepped to the window and told a negro boy to go to my mother and aunt and to bring them and the titles of the property; shortly after they came up; I gave them seats and walked up to my mother and looked at some papers, and handed them back to her, and stepped off some three or four paces; Kirksey walked up to me and said, "That's all right now; we didn't know you; we didn't know but what you was guilty, and if you was you would have got money to go away upon."

Q. Didn't he know you at that time? A. He did very well, sir; he was the first man that spoke to me when I got into the court-house; I was arrested, I believe, on Tuesday, though all the rest were arrested on Monday; no one was arrested that day but myself; when I stepped into the court room he called me by name; I supposed he knew me by his calling me; he was the first man that spoke to me; I knew him; he spoke to me a great many times before that.

Q. Do you remember the month and the day of the month that you went to prison? A. Not exactly.

Q. About what time was it? A. I do not remember, sir, what time it was, because I knew I was innocent and didn't care about it; I was not dreaming of being arrested and brought to this place or any other on the Ashburn affair.

Q. Do you remember how long it was after Ashburn was killed, before you were arrested and taken to the court-house? A. I can not say the length of time, but it was a few weeks before the election; that's all I could say about that, sir.

Cross-Examined--Questions by Defense.

Q. When were you first arrested? A. When? It must have been a good while ago, sir; I don't remember what time it was. As I said before, I didn't pay any attention to anything concerning the arrest during the time I was confined in the court-house; what I heard there I of course, knew very well; recollected it, and do until

  page 57  

 

to-day, but the day of my arrest I could not remember, sir; I remember when I was arrested and carried to Fort Pulaski.

Q. Were you discharged on your arrest? A. On my bond, sir, I was released.

Q. Did you state that that was shortly previous to the election? A. Some time before the election, sir, and after the death of Mr. Ashburn, that I was in the court-house.

Q. How long before the election? A. I don't remember, sir; as I have explained before, I do not remember the time; I think it was a few weeks, probably more; I don't remember the date or anything about it.

Q. When were you arrested a second time? A. The 14th of May, sir, I believe, when I was carried to Fort Pulaski.

Q. Who were arrested with you at that time? A. Mr. Barber, sir; I found him in the court-house when I went there, or rather he was in a room off separate from the cells; I do not know whether it was in the guard-room or not; was called about twelve o'clock to go to the depot and get on the train; he came out also, and two negroes.

Q. What were the names of the colored people? A. John Wells and John Stapler, sir; they pass by these names; I could not swear to their names.

Q. Where were you put in Fort Pulaski? A. In a cell, sir.

Q. What was the size of the cell? A. About four by six and about fifteen feet deep.

Q. In close confinement? A. Yes, sir.

Q. Who visited you there? A. Captain Reid, Major Whitley, and Captain Cook, sir.

Q. When were you informed of what you were arrested for? A. I was not told, sir; I was asked if I knew anything about the Ashburn affair.

Q. When were you asked that? A. Shortly after I got to Fort Pulaski.

Q. What did you say in reply to that question? A. Told 'em I knowed nothing, sir.

Q. Did anybody adopt any course of punishment to compel you to answer? A. No, sir.

Q. What did they do? What treatment did they subject you to? A. I was confined in a cell, received Government rations, and found as well as a prisoner

 

could fare; as well as they generally do fare.

Q. Were you told that you would be kept in close confinement until you did? A. No, sir.

Q. How long did you remain there before making any disclosure? A. Never made any at all, sir, there.

Q. Where did you make a disclosure? A. At McPherson Barracks, sir.

Q. You made no disclosures at Fort Pulaski, of what you have here to-day? A. No, sir, none at all; I may have spoken some few words to some of them about it; I won't be certain that I never mentioned anything at all about it while there; but I made no confession there.

Q. Were you removed from the first cell you were put in? A. Yes, sir.

Q. Where were you put then? A. Into another cell opposite; it was the left cell I was in--on the opposite side--the side facing the side I was first in.

Q. What was the object? A. I don't know, sir.

Q. Was there any change in your personal condition? A. No, sir.

Q. Cell of same character and size? A. Yes, sir; I think the reason I was changed was they wanted to put one of these freedmen in the cell that I was in; but I won't be positive.

Q. Were you put at any time in a close box? A. No, sir.

Q. No restraint at all put over your person--your limbs? A. No, sir.

Q. Did you receive any letter from any person? A. Yes, sir; I received two; my mother's name was signed to them; I don't know whether she sent them or not.

Q. Who delivered them to you? A. I won't be positive, sir; it was either Major Whitley or Captain Reid.

Q. Did you get a letter from any one telling you that Kirksey, Bedell, and the others had confessed? A. No, sir.

Q. Or that they intended to convict you? A. No, sir.

Q. Did you not get a letter from anybody telling you that their money would save them and you had better save yourself? A. No, sir; I have received no letters from any one except my mother since I left Columbus, with the exception that the officers were taking my letters and brought them to me; of course, I could not get out to get them myself; they had to handle them.

  page 58  

 

Q. Did you make any affidavit before any person in Savannah--Fort Pulaski? A. No, sir.

Q. Make any here? A. Yes, sir.

Q. Before whom did you make it? A. Major Whitley; I made it before him and another gentleman; I forgot his name; it was here in the barracks.

Q. What was the substance of that affidavit, as far as you know or recollect? A. What I spoke here concerning Dr. Kirksey.

Q. Did you consider that affidavit binding or not? A. I did, sir.

Q. Did you ask anybody afterward if an affidavit made before a Quartermaster was binding? A. No, sir; I did not.

Q. And you did not reply that you were "all right," then? A. I spoke those words, sir, there in the cell, I believe, with Mr. Roper, and spoke to Mr. Barber after I had been speaking to Mr. Roper some time; I didn't speak to him except merely to pass away the time--lonesome hours; I says to Jim Barber, says I, "Do you know anything about law," and he said, "No;" I didn't tell him that I had made an affidavit before anybody. I merely asked him if a man was to make an affidavit without going before a court of justice, or something of that kind; I don't remember now the exact words; I asked him if it was binding; I believe "no" was his answer; I didn't have any more to say, and didn't pay any attention scarcely to to it, because what I say is not what I swear to.

Q. Did you not distinctly say to Mr. Barber, "Then I am all right"? A. No, sir; I told him no such words.

Q. Nor nothing to that effect? A. No, sir.

Q. Did anybody that you know of, or can name, ever see you in conversation to Dr. Kirksey, or hear you speak to him, or he to you, in your life, before your first arrest? A. No, sir; Dr. Kirksey is a rich man, sir, and I am a poor man; you don't suppose he will speak to such "small potatoes" unless he intends to get 'em into trouble, or something of that kind? that is about the amount of it.

Re-examined--Questions by Judge Advocate.

Q. When you were asked at Fort Pulaski to tell what you knew about this affair, why did you not tell what you have testified here in regard to Dr. Kirksey? A. The reason I didn't tell? I started to

 

come out and tell what I knew, and some conversation raised Whitley, Captain Reid, and others, and they stopped me, and I then turned off and went back to my cell, and didn't finish the conversation; I started at it and they stopped me; after that I didn't care to make a statement while I was in such a place as that.

Q. When in Columbus, before your arrest, when you knew that efforts were being made to ferret out the murderers of Ashburn, why did you not tell what Dr. Kirksey had said to you? A. I thought in all probability, sir, I would be murdered in the same way that Ashburn was if I told anything.

Q. Did you hear any conversation yesterday, in the prison here, between any of these prisoners and Betz? A. No, sir, I didn't. Couldn't distinguish a word their voice is all I could hear.

Q. About the time of Ashburn's murder, was there much excitement about an organization commonly called the "Kuklux Klan," in and about Columbus? A. Well, sir, there was a good deal of marks on my fence, and--

Q. (Interrupting). I don't want particulars--I only want to know generally, whether there was much excitement and alarm about it? A. I suppose there was, sir.

Q. Did the fear of that organization, if any such existed, operate upon you at all? A. No, sir. I supposed those "K's" and "D's" they put on my fence, some one put there to plague me. But I heard some others speak, and it seems there was a good deal of excitement.

Q. Do you know whether there was alarm among those who were known not to be connected with the Democratic party, for fear of this organization? A. You mean the Radical party?

Q. Yes. A. Yes, sir.

Q. Do you know whether about that time there were apprehensions of assassination among men of the Radical party? A. I didn't hear any such thing as that, sir.

Re-cross-Examined--Questions by Defense.

Q. You say "K. K." was marked on your fence? What do you mean by that? Have you got a fence? A. I have, sir; I have a piece of ground, with a plank nailed on it, and a shanty or two.

Q. Do you live on that? A. I live in the house, sir, on that piece of ground.

  page 59  

 

The lot my mother bought from Major Moses, I believe, in 1859.

Q. Does your mother live there? A. Yes, sir; did when I left.

Q. Is it your lot or your mother's? A. I should consider it mine, sir--or part of it--some of the improvements are mine. It is hers though, as it stands, 'cause I don't want any of it.

Q. Does your mother's husband live there? A. No, sir, he's dead.

Q. Who keeps house with her? A. A colored girl, a cook, keeps the back room.

Q. Does John Wells, a colored man, live with your mother? A. No sir. He did, until I was ready to shoot his brains out, then he left. I don't think, sir, that any such conversation should be used here, and I ain't agoin' to answer any more questions like that.

Q. Was John Wells arrested with you? A. No, sir--he was put in the same room that I was. He was arrested first. He lives down two or three blocks from where I do. I don't know what time of the day he was arrested.

Q. Was he taken to Savannah with you? A. Yes, sir, in the same car.

Q. Was he not known to be a Democratic colored man? A. I heard him say he was a Democrat, and others called him a Democrat.

Q. Are you a Democrat, yourself? A. No, sir. I voted a Democratic ticket, but was a fool for it.

Q. Were you not known to be a Democrat at that time in Columbus? A. No, sir, I wasn't.

Questions by the Prosecution.

Sally Bedell, a witness for the prosecution, was next called, who, having been duly sworn, was interrogated as follows:

Q. What is your name? A. Sally.

Q. Sally what? A. Sally Bedell.

Q. Where do you live? A. In Columbus.

Q. In what State is Columbus? A. In Georgia.

Q. Where were you on the night of the 30th of March--the night that Mr. Ashburn was killed? A. At Norah Winters.

Q. Whom did you see there that night? A. I saw Mr. Wiggins and Mr. Wood.

Q. Is Mr. Wiggins, the gentleman whom you saw there that night, here present? A. Yes, sir.

 

Q. Point him out? A. There he sits over there (pointing to Mr. Wiggins, one of the accused, who, at the request of the Judge Advocate, rises to his feet).

Q. Is that the man? A. Yes, sir.

Q. Do you see Mr. Wood present? A. Yes, sir.

Q. Point him out? A. There he sits over there (witness points to Mr. Wood, one of the accused, who, at the request of the Judge Advocate, rises to his feet).

Q. Is that Mr. Wood? A. Yes, sir.

Q. What time of the night did you see them at Norah Winters'? A. The clock was not running when I saw them.

Q. Was it before or after supper? A. It was after supper.

Q. About how long do you think it was after supper? A. I don't know exactly how long it was; we didn't have any time in the house.

Q. Did anybody there have any masks, or masquerade suits that night? A. Mr. Wiggins had some masquerade suit.

Q. How many suits? A. There was only one suit.

Q. Where did he say he got it? A. The suit was got from Mollie Jones'.

Q. What did he say he was going to do with it? A. He didn't say what he was going to do with it; he brought them there.

Q. If he said anything about a party going out masked that night, state what he said? A. He said there was thirty of them going out disguised.

Q. Whom did he say it to? A. To Aunt Norah.

Q. Norah who? A. Aunt Norah Winters.

Q. How long did Mr. Wood and Mr. Wiggins stay there? A. There was no time-piece in the house.

Q. Where did they say they were going when they left? A. When they first left the house they were going down to Temperance Hall, where the speaking was, out there that night.

Q. Did they come back after they went to the speaking? A. Yes, sir.

Q. Both of them? A. Mr. Wiggins came back, Mr. Wood didn't.

Q. What did Mr. Wiggins do after he came back? A. Went to bed.

Q. About what time did he go to bed, do you think? A. It was after the speaking was out in the hall; I don't know what time it was.

Q. Where was the mask suit when he

  page 60  

 

went to bed? A. It was laying in the chest in the room.

Q. In what room? A. In Aunt Norah's room.

Q. In what room did he go to bed? A. Went to bed in Aunt Norah's room.

Q. Did you see him any more that night? A. After he went to bed?

Q. Yes. A. Yes; I saw him after he went to bed.

Q. About what time in the night? A. I don't know, sir, what time it was.

Q. Where was he, and what was he doing? A. He wasn't doing anything till he went to bed.

Q. Was he in the room or out doors when you saw him? A. He was in the room when I saw him.

Q. Was he in bed or out of it? A. In bed.

Q. Where did you next see him--outdoors or coming in from outdoors? A. I saw him coming in from outdoors.

Q. When was that? A. That was the night Mr. Ashburn was killed.

Q. What time in the night? A. I don't know, the clock wasn't running that night; I don't know what time it was.

Q. Was it after he had gone to bed? A. Yes, sir.

Q. Which way did he seem to be coming from? A. I could not tell which way he come; he had to come up stairs.

Q. Was Norah's room up stairs. A. Yes, sir.

Q. Was he below stairs or above stairs when you saw him come in? A. He was up stairs.

Q. How far was he from Norah's room? A. Just come right up the steps and walked across the passage into Aunt Norah's room.

Q. If you heard anything said by him to Norah about her swearing that he was there in bed that night after Ashburn was killed, state it. A. No, sir; Aunt Norah didn't say it to Mr. Wiggins; she said it to me and little Norah.

Q. What did she say? A. She said if they would take him up she would say that he was in the bed with her, and make me and little Norah say the same.

Q. You say that the masquerade suit lay on the chest in Norah's room when you went to bed; where was it the next morning when you got up? A. It was on the bed--the clothes was; the mask was lying on the floor.

 

Q. What was the condition of the mask when it lay on the floor? A. It was broke up.

Q. What sort of mask was it? A. The upper part was pasteboard and the rest was black silk.

Q. Anything like fringe about it? A. No, sir; it was plain black silk.

Q. You say it was broke up; what did you do with it? A. I threw it in the fire, sir.

Q. Where did you sleep that night? A. I slept in Aunt Norah's room, on the couch.

Q. Where were you when you saw Mr. Wiggins come in, after he had been out? I mean the time you saw him coming up the stairs. A. I was in the room, sitting down on the foot of the couch.

Q. What time of night was that? A. I don't know what time it was; it was after that meeting was out at the hall; we didn't have any time-piece.

Q. I refer to the time when he came back after he had gone to bed; what time was that? A. It was about day; I don't know exactly--about four o'clock when he came in.

Q. Do you know how long after he first went to bed before he got up and went out? A. No, sir; I don't know how long it was, but he didn't stay in bed very long.

Q. State whether he went to bed again after he came in at four o'clock. A. Yes, sir, he went to bed again.

Q. When Norah Winters said she would make you and little Norah swear that he was there that night in bed with her, what did you say? A. I told her I could swear that he was there for such a time, but no longer.

Q. When Norah spoke about having you to swear, did she say anything about his being killed, and what did she say? A. That was the time she said that before she would see him killed she would make me and little Norah swear that he was in bed with her.

Q. Whom do you mean by him when you say "him killed?" A. Mr. Wiggins she meant.

Q. What is your age? A. I don't know how old I am.

Q. You are a grown woman, are you? A. Yes, sir, I am.

Cross-examined by Defense.

Q. Were these questions ever put to you before? A. Not in Court they have not been.

  page 61  

 

Q. Have they ever been put to you out of Court? A. Yes, sir.

Q. How often? A. Four--five times.

Q. By whom? A. Mr. Bostock 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 Columbus, Mr. Bostock? A. Yes, sir.

Q. Did Norah Winters keep a boarding-house? A. Yes, sir.

Q. What sort of a masquerade suit do you speak of; can you describe it? A. They were calico pants and worsted coat.

Q. Were not several of them there? A. There were two or three suits in the house, but there was not but one of them taken out of the house that night after I went to bed.

Q. Do you know that there was any one of them taken out that night? A. There was one of them taken; it was taken out of the room; whether it was carried out of the house I don't know.

Q. You state that Mr. Wiggins brought one of these suits in? A. Yes, sir.

Q. That was before he went to bed? A. Yes, sir.

Q. What did he say when he threw it on the bed? A. He didn't say anything when he threw his suit on the bed.

Q. Did he then, or any time when you were there, tell Norah that there was the suit that Emma Hines sent back that she had borrowed? A. Yes, sir.

Q. Is that suit there yet? A. I don't know whether it is there or not.

Q. Was it there as long as your stay? A. Yes, sir.

Q. Was Mr. Wiggins a police officer? A. Yes, sir, he was a police officer.

Q. What time did you go to bed? A. I went to bed before the speaking was out at the hall, but did not go to sleep.

Q. How did Mr. Wood happen to go up into the room with Mr. Wiggins? A. Aunt Norah asked him up stairs to take a drink.

Q. That was about what time? A. That was before the speaking was out at the hall; it was the soon part of the night.

Q. Was there anybody else present? A. Caslin.

Q. Was not little Norah? A. Little Norah was down at the door too.

 

Questions by Court.

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.

Questions by Prosecution.

Araham Johnson, a witness for the prosecution, was then called, and having been duly sworn, was interrogated as follows:

Q. What is your name? A. Abraham Johnson.

Q. Where do you live? A. In Columbus.

Q. State whether you were at Mr. Chafin's store, in Columbus, Ga., on the Thursday after Mr. Ashburn was killed. A. Yes, sir.

Q. Look at those gentlemen and state whether you saw any of them there, and if so, state whom. A. I saw one of them.

Q. Point him out and name him. A. (Witness pointing to Dr. Kirksey, one of the accused.) Dr. Kirksey. (Witness also pointing to Mr. Bedell, one of the accused.) Mr. Biddell.

Q. Bedell, as they usually call him? A. Yes, sir, Mr. Bedell.

Q. Look along the whole line and see if you see any other one there. A. I see Mr. Chipley.

Q. Any other? A. No, sir.

Q. If you heard them say anything about Mr. Bennett, state what they said. A. I was staying at the widow McClary's boarding-house, and I was going down the street and stopped at Mr. Chafin's store, and Mr. Hamp Stewart asked me in and I went in; and Mr. Hamp Stewart asked me where I staid, and I told him at Mrs. Clary's boarding-house, and Dr. Kirksey asked me was that where Mr. Bostock boards; I told him yes, sir, that was where Mr. Bostock boarded; and Mr. Bedell asked me if I heard Mr. Bostock say he was going to arrest anybody about Mr. Ashburn again; I told him no, sir, I didn't know whether he was or no.

Q. Go on and state what else was said. A. Dr. Kirksey told me to find out whether he was going to arrest any one or no, and I told him yes, sir, I would; then he said

  page 62  

 

find out whether he was going to arrest any one or no and let him know, and I told him yes, sir, I would; and Dr. Kirksey asked me where was Mr. Bennett the night Mr. Ashburn was killed; I told him Mr. Bennett said he was behind the middle door, and he said if he had known that Mr. Bennett would have been behind the door, first he said the Ku-kluxes and then he said the Ku-kluxes would have fixed him like we fixed Mr. Ashburn.

Q. Did he say anything more? A. He told me to see if Gen. Meade was coming down in Mr. Ashburn's place or no, and said if he do to find out and let him know; first he said the Ku-kluxes, and then he said the Ku-kluxes would fix him like we fixed Mr. Ashburn.

Q. Did anybody try to stop him? A. Dr. Kirksey touched him and tried to stop him from talking, when he said that, and he said never mind Abram; he was in the war with me.

Q. Who was it touched Mr. Bedell and said that? A. Dr. Kirksey.

Q. Who was it replied, never mind Abram, he has been in the war with me? A. Hamp Stewart.

Q. Repeat Mr. Hamp Stewart's language as near as you can? A. Mr. Hamp Stewart didn't have anything to say, only asked me where I staid.

Q. That sentence about the war? A. He said, never mind Abram, he is a good boy, he was in the war with me; I took care of him.

Q. Who was it first made the remark about the Ku-kluxes? A. Dr. Kirksey.

Q. Who touched one of the crowd to stop him while they were talking? A. Dr. Kirksey.

Q. Whom did he touch? A. Mr. Bedell.

Q. When Dr. Kirksey touched Mr. Bedell what was Mr. Bedell saying? A. He was saying, find out whether Gen. Meade was going down or no, and let him know.

Q. Who has said anything to you about coming here to testify? A. Mrs. Williams.

Q. What did she say? A. Mr. Bostock called me to go down there one night to his office, and I went; I was staying at Mrs. Williams' then; I told her, Mr. Bostock wanted to find out whether I knew anything about the Ku-klux or no, and I told her I didn't know anything about them at all; and she said if you do, and find it out, these men will blow your head off and shoot you, just so.

 

Q. I didn't ask you that, I asked you if anybody had said anything to you about being a witness in this case? A. No, sir; nobody has said anything to me about it but Mr. Bostock.

Q. Has anybody threatened you if you swore in the case? A. Yes, sir.

Q. Who? A. Mr. Moses--young lawyer Moses.

Q. What did Mr. Moses say? A. Damn Bostock, if he wants you to go up yonder as witness, don't you witness to nothing; he said if you do, these men will shoot you when you come back, and if they don't do it I will do it myself.

Q. What Mr. Moses is that? A. Young lawyer Moses; I don't know what his name is.

Q. Do you know who his father is? A. Yes, sir, I know his father.

Q. State whether his father is a lawyer? A. Yes, sir, his father is a lawyer.

Q. Do you know whether he and his father are partners in the same law office? A. Yes, sir.

Q. Do you know what his father's given name is? A. No, sir.

Q. Are there any lawyers in Columbus named Moses, but these two that you know? A. None that I know of.

Cross-examined--Questions by Defense.

Q. Whose store do you say this conversation between Kirksey, Bedell, and Hamp Stewart was at? A. Mr. Chafin's.

Q. Whereabouts is that store? A. It is on Broad street.

Q. What time of the day did this conversation occur? A. It was an hour by sun, I think.

Q. What part of the street is that store on? A. It is on the right-hand side going down.

Q. Who stays in that store? A. Mr. Chafin and Mr. Redd.

Q. Does Mr. Taliaferr stay in that store? A. I do not know, sir, whether Mr. Taliaferr stays there.

Q. Mr. Redd stay in that store? A. I don't know, but I have seen him there; I don't know whether he clerks for Mr. Chafin or no.

Q. Who were present when this conversation took place? A. There were there but Dr. Kirksey, Mr. Chipley, Bedell; Chafin, and Mr. Hamp. Stewart; I don't know whether they heard me talking to him or no, but they were in the store.

  page 63  

 

Q. Was Mr. Redd there? A. Yes, sir; he was in the back part of the store writing.

Q. Have you ever been sworn in this case before? A. Yes, sir.

Q. Did you swear to this statement that Bostock said to you, that they would give you one hundred dollars if you would swear what Barber and George Betz said to Henry Kimbro? A. Yes, sir.

Q. Did you take the money? A. No, sir.

Q. What reply did you swear you made to Mr. Bostock when he made that offer to you? what did you tell Bostock? A. [Witness hesitates.]

Q. Did you tell him this: that George Ashburn, the young man, son of Ashburn, would give you one hundred and fifty dollars if you would swear to having heard what Barber and George Betz said to Henry Kimbro. A. No, sir.

Q. You didn't make that reply to Mr. Bostock, then? A. No, sir.

Q. What did you say to him? A. I disremember what I said to him then.

Q. Did he offer the one hundred and fifty dollars? A. No, sir; he told me he would give one hundred.

Q. Did you expect to get it? A. I told him I didn't care anything about any money; I just believed in the right thing; I told him that if he was a mind to give it to me he could do it.

Q. Rather expect he will give it to you, don't you? rather looking that way? A. No, sir.

Q. How long have you been here? A. Been up here since Tuesday evening.

Q. Who sent you here? A. Captain Mills.

Q. Who sent you to Captain Mills? A. As I was passing by he called me and told me not to get out of the way; he wanted me to go to Atlanta; that was Monday evening.

Q. Who was it told Captain Mills about your testimony? Mr. Bostock? A. Yes, sir.

Q. Was Mr. Bostock the Justice of the Peace, the magistrate that had these gentleman arrested first? A. Mr. Bostock first told Captain Mills, and had me to go down and repeat the same words to Capt. Mills and to Major Smythe.

Q. Was this Mr. Bostock the man that issued the warrant against these parties at the first arrest? A. Yes, sir; they say he was.

 

Q. Were these questions asked to-day ever read over to you before? A. Yes, sir; once.

Q. By whom? who read them to you? A. Mr. Bostock.

Q. Mr. Bostock read them to you? A. Yes, sir.

Q. Did young Mr. Ashburn offer you the one hundred and fifty dollars if you would swear against Barber and Betz? A. No, sir.

Q. Didn't you tell Mrs. Williams that young Mr. Ashburn had offered you one hundred and fifty dollars? A. No, sir.

Q. Didn't you tell Mrs. Williams that young Mr. Ashburn had offered you one hundred and fifty dollars if you would swear against Barber and Betz? A. No, sir.

Q. Or any of the others? A. No, sir; she didn't ask me if I would swear to it.

Q. I ask you if you didn't tell Mrs. Marie Anne Williams that young George Ashburn had offered you one hundred and fifty dollars if you would swear against any of these parties? A. He didn't offer it to me; he told me that I would get that much, and I told him I didn't care anything about the money; I believed in the right thing, and he said, That's all right.

Q. Did you tell Mrs. Williams that? A. I told her so, but I didn't swear it.

Q. Did young George Ashburn say that you would get one hundred and fifty dollars if you would swear against any of these parties? A. He didn't ask me if I would swear to it, but stated to me that I would get it.

Q. He told you that you would get one hundred and fifty dollars if you would swear that way? A. Yes, sir.

Re-direct Examination.

Q. Do you intend to say that the same questions I have asked you here to-day were asked you by Mr. Bostock in Columbus? A. Yes, sir; I can say they are.

Q. Have I not asked you some questions that he didn't ask you? A. No, sir.

Q. Have I not asked some questions here that Mr. Bostock didn't ask you. A. Yes, sir.

Q. Did Mr. Moses get you to swear anything before him? A. No, sir, he didn't get me to swear anything before him.

Q. Didn't he draw up a paper and get you to swear to it before him? A. No,

  page 64  

 

sir, he just drawed up a paper of what I told you.

Q. Did he read it to you? A. Yes, sir.

Q. Can you read? A. No, sir.

Q. Do you know whether he read it right when he read it to you? A. No, sir, I don't, whether he did or not.

Q. Did you understand that you was swearing to that paper before him? A. No, sir.

Q. Did he offer you anything if you would make the statement before him? A. Yes, sir.

Q. What did he offer you? A. His father gave me two dollars, a two dollar bill.

Q. What did he give it to you for? A. For telling him what he sat down on that paper; Mrs. Williams sent me to him.

Q. Did he tell you you was swearing to it at the time? A. No, sir.

Questions by Prosecution.

Burrill Davis, witness for the prosecution, was next called into court, and having taken the stand, was duly sworn, and interrogated as follows:

Q. What is your name? A. Burrill Davis.

Q. Where do you live? A. In Columbus, Ga.

Q. What is your age? A. About 68 years, sir, not quite.

Q. How long have you resided in Columbus? A. About twenty-four years.

Q. Where were you on the thirtieth of March last, on the day before Mr. Ashburn was killed? A. In the city of Columbus, sir.

Q. Did you have any talk that day with Mr. James W. Barber? A. No, sir.

Q. Did you see him that day? A. Yes, sir.

Q. Did you drive anybody in a buggy that day? A. In a express wagon, I did, sir.

Q. Whom? A. Mr. James Barber.

Q. Anybody in with him? A. No, sir.

Q. Did you hear him talk any. A. Yes, sir.

Q. State what he said. A. I was standing in the livery stable down on Broad street, with my wagon wheels just off the pavement; Mr. James Barber came up; had a new pair of shoes in his hand; threw them in, and jumps upon the wagon; about half drunk, I suppose; he

 

said to me was I a Democrat; I said, yes, sir; he said you are posted on the dots; I said no, sir, and he asked me if I had been to the club; I said no, sir; he says why don't you go; because I don't feel like it, says I; why don't you to-night; I says I don't much care about it; says he, when you go up to town to Captain Ramsey, he will post you on the dots; I then put whip to my horse to get shed of him; got tired of the conversation; he said, just then, we Ku-kluxes, what they say they will do, in spite of men and hell; and then he said we hung seventy-five the other day in Tennessee; says I, is it possible; about this time we were near home, and says he, be certain to go up to Captain Ramsey; and I whips up the horse and lets him out; he says again, go up yonder; and I says, yes, sir. Well, that is all.

Q. If anything was said about what the Ku-kluxes were going up there for, state it. A. Yes, that I forgot; says he, Mr. Ashburn will be a dead man shorter than any of you have knowledge of; and I said is it possible; that was before some words I said.

Q. State all he said in connection with the Ku-kluxes and Mr. Ashburn. A. Well, he said in the latter clause of his conversation, after he said they had hung seventy-five men in Tennessee, he said Ashburn will be dead shorter than any of you have any knowledge of; he talked about some trifling thing; being a drunken man, I did not pay any attention to it.

Q. What time of the day was this? A. It was in the neighborhood of sunset.

Q. What day? A. Monday.

Q. How long afterward before you heard Mr. Ashburn had been killed? A. Next morning, between daybreak and sun-up.

Cross-examined.

Q. I understand you to say that you told Mr. Barber that you were a Democrat? A. Yes, sir; I told him so.

Q. Did you tell him the truth? A. No, sir.

Q. Did Mr. Barber know you very well when he was sober? A. Knowed him very well ever since he was a child.

Q. Didn't he know perfectly well that you were not a Democrat, but a Republican? A. No, sir; I don't know as he did.

Q. Was not your position in politics very well known throughout the town? A. I don't know as it was at that time.

  page 65  

 

Q. Was Mr. Barber a very active politician? A. No, sir, I think not.

Q. Were you not very active in party politics? A. No, sir, but most determined in principle.

Q. Was not Mr. Barber very drunk that evening? A. Well, sir, as well as you can judge a drunken man, I supposed him to be about half drunk.

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 drunk, he forgets everything he does or says.

Q. When a man is half drunk does he not forget half of everything he says and does? A. No, sir, I never said that.

Re-examined--Questions by Prosecution.

Q. State whether Mr. Barber was or was not in a condition at that time to know what he was doing? A. To my judgment I think he knowed what he was doing.

Q. Did you take him to his house? A. Yes, sir.

Q. What time did you say you got to his house? A. In the neighborhood of sunset, sir.

Q. Did you have to help him out of the wagon? A. No, sir.

Q. Did anybody? A. No, sir.

The court then adjourned, in consideration of to-morrow being the 4th of July, until Monday, the 6th instant, at 10 o'clock.

McPherson Barracks, Atlanta, Ga.,
10 o'clock A. M., July 6, 1868.

The Commission met pursuant to adjournment.

Present, same members as yesterday, the Judge Advocate, the prisoners on trial, and their counsel.

Abraham Johnson, a witness on behalf of the prosecution, whose testimony was taken yesterday, on having it read to him by the Judge Advocate, in the presence of the Court and of the accused, requested permission to make the following correction:

"The man spoken of as Henry Kimbro, we call him Gainwell."

Permission was granted.

R. J. Moses, Esq., of counsel for defense, was introduced and took his seat.

The accused requested permission to introduce Wm. W. Garrard, Esq., as additional counsel for defense. Permission having been granted, he was accordingly introduced and took his seat.

 

The Judge Advocate then stated that the prosecution was here closed.

Counsel for defense asked permission of the Court to retire for a few moments for the purpose of consulting their witnesses. Permission was granted, and the Court then took a recess of ten minutes, at the expiration of which time the Court was again called to order.

Questions by Defense.

Martin M. Beck, a witness on behalf of the defense, having been duly sworn, testified as follows:

Q. What is your name and age? A. My age is forty-five; Martin M. Beck is my name.

Q. What is your occupation? A. Merchandise.

Q. Where do you reside? A. In Columbus, Georgia.

Q. Are you acquainted with Mr. Duke, who is under arraignment here? A. Yes, sir.

Q. This is the gentleman here, is it? A. Yes, sir. (Witness points to one of the accused.)

Q. Did he board with you at any time this year? A. Yes, sir; he boarded with me in March and April, up to the 26th or 27th of April; I disremember what day it was.

Q. Did he leave your house at any time during March? A. Yes, sir.

Q. What time? A. It was the 26th or 27th, I believe.

Q. Who left with him? A. Joe Ab. Abner.

Q. How did they leave? A. They left in a buggy.

Q. Where for? A. To go to Meriwether   county, where he lives; that was his home.

Q. When did you see him again? A. He came back to my house on the first day of May--the first time I saw him after that.

Q. Did you see him from the 26th or 27th of March until the 1st day of May? A. I didn't see him.

Q. Did he not settle up his board when he left in March? A. Yes, sir.

The Judge Advocate did not desire to cross-examine this witness.

The witness' testimony having been read to him in the presence of the Court and of the accused, he asked permission,

 

  page 66  

 

which was granted, to make the following correction, viz:

Where, on lines nine and ten of the third page of this day's record, the words March and April occur, he wishes to insert instead "February and March," so that his answer may read:

"Yes, sir; he boarded with me in February and March, up to the 26th or 27th of March; I disremember which day it was."

 

Questions by Defense by permission of the
Court.

Q. Is Joe Abner a white man? A. Yes, sir.

Q. Where is this Mr. Abner now? A. I suppose in Columbus at this time; he was off in the country when I left; he lives in the suburbs of Columbus, not in the city.

Questions by the Court.

Q. How do you remember that it was on the 27th March Duke left your house? A. It was by some business that was transacted them days; that is my recollection of it.

Q. You are sure that it was not later than the 27th March, 1868, that Duke left your house? A. Yes, sir.

 

Questions by Defense by permission of the
Court.

Q. Do you know what day of the week it was when he left there? A. I think it was on Friday; that is my recollection--Thursday or Friday.

Q. Are you certain that it was the Thursday or Friday before the death of Ashburn? A. I am.

Questions by the Court.

Q. Are you certain that he left town when he left your house, and did not return at any time, night or day, until May 1st. A. Well, sir, I could not say positively about that, for I don't know what a man does after he gets out of my sight; I never seen him, and I received a note from him that he was in Meriwether   a few days after he got there; and Mr. Abner, when he returned, told me he left him there.

The Judge Advocate moved to strike from the record that portion of the last answer which referred to Mr. Abner's statement to the witness, said statement not being evidence.

The counsel for defense objected.

The Commission was then retired, and after due deliberation returned to Court, and the Judge Advocate announced that the Court sustained the objection of the Judge Advocate, and the matter referred to would therefore be stricken from the evidence.

 

Questions by Defense.

Henry Welsh, a witness for the defense, being duly sworn, testified as follows:

Q. What's your full name? A. Henry Welsh.

Q. What is your age? A. Twenty-eight years old.

Q. What's your occupation? A. Carpenter by trade, before I lost my arm.

Q. Where do you live? A. Muscogee county, Georgia.

Q. Are you acquainted with William Duke, who is arraigned on this trial? A. I am, sir.

Q. Do you see him here? A. Yes, sir.

Q. Can you point him out? A. Yes, sir.

Q. Which is he? A. That gentleman, sir (pointing to one of the accused).

Q. Do you reside in the county or in the town of Columbus? A. I reside in the town.

Q. Did you see Mr. Duke at any time during the latter part of March, this year? A. I did, sir.

Q. State when, where, and who was with him. A. I saw Mr. William Duke about the 26th or 27th March; he was accompanied by Joseph Abner; he was about one mile from the Court-house, on the Harris county road.

Q. How were they traveling? A. In a buggy.

Q. Did you have any conversation with them? A. I only remarked to the gentlemen where they were going.

Q. What was the reply? A. Mr. Duke answered he was going home.

Q. You say 26th or 27th; what day of the week was it? A. I think on Thursday or Friday.

Q. Are you certain it was before the death of Mr. Ashburn? A. I am certain.

 

Cross-Examined by Judge Advocate.

Q. Are you acquainted with Mr. M. M. Beck? A. I am, sir.

Q. Have you had any conversation with him in regard to the matter about which you have been testifying? A. Yes, sir; we talked it over a few days before we left town.

Q. Have you not talked it over together

  page 67  

 

this morning? A. No, sir; not--we was only speaking about coming up here this morning; we didn't talk anything in regard to the evidence of the case.

Q. Did not you and he, this morning, talk it over, and one or the other say that it was the 26th or 27th March that Duke left town, or something to that effect? A. Not as I recollect of.

Q. Were not these words--the 26th or 27th March--mentioned by one of you to the other this very morning? A. These words has been mentioned; I don't recollect whether me or Mr. Beck mentioned them.

Q. Mentioned this morning were they not? A. Yes, sir, but I don't think by either one of us.

Q. Who were they mentioned by? A. I do not recollect now, sir; there was several talking.

Q. Those several persons talking; were they not talking about these dates? A. Yes, sir, I suppose they were: I was sitting by them and never paid no attention how the conversation came up.

Q. State who these several persons were. A. I believe they was Mr. Woodward, Mr. Norman, Mr. Duke--the two Mr. Dukes--and another gentleman, I don't recollect his name, sir; (witness pauses) it was Mr. Reese, sir.

Q. Where did this conversation take place? A. Right out here, sir, on the piazza of this building.

Q. What was said? A. I don't recollect of anything being said, any more than some one mentioned about the date; he came home on the 26th or 27th.

Q. Was Mr. Beck present at that conversation? A. I am not certain whether he was or not.

Q. Would you have remembered that it was the 26th or 27th March if you had not heard it? A: Yes, sir, I believe I should.

Q. Do you know anything else that happened on the 26th March? A. Yes, 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. Yes, sir.

Q. What? A. Some private business with some gentlemen in Columbus.

Q. It was on account of this private business, then, that you remember it? A. Yes, sir.

Q. It was 26th March, was it? A. Yes, sir; 26th or 27th, I am satisfied of

 

that; I think, however, to the best of my knowledge, it was on 26th.

Q. Well, then, what makes you talk about 27th? A. Well, sir, I would not be positive that it was on the 26th; I know it was some trades I had in Columbus on the 26th and 27th; I was up right by the place where I saw Mr. Duke both mornings--26th and 27th; I don't recollect for certain which morning it was I met him.

Q. Do you remember what day of the week it was? A. No, sir; either Thursday or Friday.

Q. Wasn't mentioned with same conversation this morning the words "Thursday or Friday?" A. No, sir; I don't think it was; if it was I don't recollect it.

Q. Have you been acquainted with Duke a long while? A. Acquainted with Mr. Duke some three years.

Q. Did you have any conversation with him that morning? A. Nothing; only just asked him which way he was going.

Q. When did you first remember, after you heard of Ashburn's death, that it was the 26th or 27th of March that you had seen Duke traveling away from Columbus? A. I remembered it when I heard that Duke was arrested and brought to prison.

Q. Did you remember it or was your attention called to it by some one? A. No, sir, my attention was not called to it.

Q. How long was it after you saw Duke on the road until he was arrested? A. Two or three months; three months, I believe, very nearly.

Q. What time in the morning was it when you met him? A. I think about six or seven o'clock in the morning.

 

Re-examined by Defense.

Q. Does the Harris county road lead to Meriwether   county? A. Yes, sir; Harris county lies between.

Q. Columbus and Meriwether   county? A. Yes, sir.

Q. If he had started to Meriwether   county he would have taken the road you seen him going out by, would he not? A. Yes, sir; there's no other road leading out to Meriwether   county that I know of.

 

Questions by Defense.

Emily Duke, a witness for defense, having been duly sworn, testified as follows:

Q. What is your Christian name, Mrs. Duke? A. Emily.

  page 68  

 

Q. Where do you reside? A. Meriwether   county.

Q. How long have you been living there? A. About last Christmas was a year ago--a little before Christmas.

Q. Where did you live before? A. Lived in Jerrard.

Q. Where is Jerrard? A. In Alabama; right across the river from Columbus.

Q. Is William Duke, the person arraigned, your son? A. Yes, sir.

Q. Where did he reside the early part of this year? A. He resided with me, where I live in Meriwether   county, most of the time.

Q. Was he sometimes in Columbus and sometimes at home? A. Well, he went with me to Columbus and we was gone there about a couple of weeks, a little more, I believe, but he came back with me when I was coming home.

Q. Was he in Columbus in any part of March of this year? A. Yes, sir, he came home about the 26th of March.

Q. Who came with him? A. Mr. Abner.

Q. How did they travel? A. In a buggy.

Q. Do you recollect the day of the week? A. I think it was Thursday, I won't be positive; some says Thursday and some Friday, but I think it was Thursday; though it might have been Friday; I won't be sure, but it was one or the other.

Q. What day did Mr. Abner return with the buggy--how long did he stay there? A. Well, he only stayed all night with us; he went to his brothers next day, about Greenville; I think he went home Sunday; that is what we heard anyway.

Q. State how long he was there after coming home? A. Well, he was there until the last of April; me and him went back to town, and got there the first day of May.

Q. Where did he sleep when he was at home? A. Slept in the same room where I did.

Q. Do you know that he was there Monday and Monday night, after he came home? A. Yes, sir, he was there.

Q. The time you state that you and he went to Columbus together, when was that? A. When was it?

Q. Yes. You stated that he went to Columbus with you, and you stayed two weeks? A. That was the first of May; I went on business to Crawford court and he went with me--the Friday before Crawford court--got there 1st day of May.

Q. The time that he went with you and came back with you? A. Yes, sir.

Q. How far do you live in Meriwether   county from Columbus? A. Forty miles.

 

Cross-examination--Questions by Judge
Advocate.

Q. When did you first hear of the murder of G. W. Ashburn? A. Heard it on Wednesday, I think, after it was done Monday.

Q. How long after that was it before you heard the name of your son mentioned in connection with that murder? A. I don't recollect; I didn't hear it at all, but just a little while before they came after him; a little before that--I don't recollect exactly; not mighty long though; it was two weeks last Wednesday when he was taken.

Q. Was he arrested at your house? A. Yes; he was at the shop at work, but it was close to the house; I saw him when he came.

Q. When he was arrested did you remember, as you state it now, where he was the week before Ashburn's murder? A. Yes, sir; I knowed mighty well he was at home.

Q. How did you come to remember so well the date of his arrival home? A. Well, I reckon what made me was, I knowed the date Mr. Ashburn was killed, and I knowed that he had come before that knowed how long he had been home before.

Q. Who went away with Mr. Abner next morning? A. Nobody at all.

Q. Where did your son sleep the night he arrived home? A. Well, he slept in the same room where he did all the time--where I do; him and Mr. Abner slept together.

Q. Is your room his usual place of sleeping? A. Well, it is all in one room.

Q. Is there but one room to your house? A. It is just one large room; we did have a partition in it, but had it taken down.

Q. Did any other persons sleep in that room? A. Yes, sir, the balance of the family.

Q. Who constituted the balance of the family? A. Well, a couple of daughters, a son and his wife, and son-in-law.

Q. Were all these persons in the habit of sleeping in the same room? A. Yes,

  page 69  

 

sir; they didn't have anywhere else to sleep; all homefolks; it didn't matter.

Q. Was Mr. Abner "homefolks?" A. Well, he was not particular homefolks; he was an old acquaintance--a neighbor--an old gentleman.

Q. Who slept in the room the Monday of which you have spoken? A. The Monday night of Mr. Ashburn's death?

Q. Yes. A. My brother slept in there--slept with William.

Q. Well, who else? A. I slept in there, and them that I told you awhile ago.

Q. You slept there and your two daughters--your married daughter and her husband? A. Yes, sir.

Q. What is your brother's name? A. Arington.

Q. What was he doing there that night? A. Well, he had come down the Sunday before to see us; he lives in Carroll county, and he just happened to be there.

Q. When did your brother leave? A. Left on the Thursday after he come, Sunday.

Q. How did he travel? A. He was walking.

Q. Didn't your son leave home from the time that he arrived before Ashburn's murder until you and he went up to Crawford court? A. No, sir.

Q. Neither day nor night? A. Not to be gone all night nor all day; he went round there; close about; he had not been ne'er a day nor o'er a night.

Q. Do you know Mr. Welsh? A. Yes, sir.

Q. Mr. Beck? A. Yes, sir.

Q. Have any conversation with either of them this morning? A. No, sir.

Q. Were you present where they or others were conversing? A. No, sir; I ain't been with them, only coming out here; I was not with Mr. Beck then; Mr. Welsh come in the carriage that I did.

Q. Haven't you heard some persons this morning talking about the 26th or 27th of March? A. No, sir.

Q. Did you hear Mr. Welsh say anything about the 26th or 27th of March? A. No, sir, nothing about it.

Q. Nor Mr. Beck? A. I have not spoken to Mr. Beck to-day.

Q. Have you not had conversation with some of the witnesses in this case? A. No, sir.

Q. This morning or any time? A. Have had nothing to say about it.

 

Q. No conversation with any one about the time your son arrived home? A. The witnesses?

Q. Yes; the members of your own family that are here now. A. No, sir; not as I recollect.

Q. Have you not talked it over by yourselves as to the time he got home from Columbus? A. Not to-day.

Q. Haven't you before? A. Well, may be I have some time before--I expect may be I did.

Q. Did you remember these dates until they were told you by somebody else? A. Yes, sir.

Q. How came you to remember so particularly the two dates? A. Well, I knowed it was the last of the month, and I always know the day of the month.

Q. Can you, two months after a thing has happened, always remember when it occurred--the day it occurred? A. Well, I reckon I recollect it because he come home that day.

Q. Where was your son in February, 1868? A. He was at home, I reckon.

Q. What was he doing at home? A. He was working in the shop; a blacksmith shop and a wagon shop.

Q. Was he at home every day and every night in February? A. There is nowhere for them to go at night where we live; it ain't like living in town--nowhere to go out.

Q. He was at home every day and every night of February, 1868? A. Yes, sir.

Q. Where was he in the early days of March, 1868? A. He was at home.

Q. Was he at home in the middle of March? (Witness hesitates.)

Judge Advocate.--Answer the question, madam, if you please.

Witness.--You have got me bothered so that I don't know.

Q. You recollect where he was on the 26th and 27th of March--can't you recollect where he was in the middle of March? A. Yes, he was at home.

Q. When he returned with this Mr. Abner, how long had he been absent? A. Not mighty long; I don't recollect how long.

Q. Had he been gone a week? A. Yes, sir; I reckon, he had.

Q. Can you say that he had been gone a week, certain? A. Well, I wouldn't be positive; I think so.

Q. Can you read? A. No, sir.

  page 70  

 

Q. Have you any almanac at your house? A. No, sir.

Q. I think you said you had heard of your sons name in connection with the murder of Ashburn before he was arrested? A. Well, sir, we heard it.

Q. Did you hear it from your son, or from whom did you hear it? A. No, sir, I didn't hear it from my son; this gentleman that brought him up was there a peddling, and he told us about it; he said that was the chap he had heard down there.

Q. How long after your son had got home before he brought that chap to the house? A. Whom, Mr. Abner?

Q. Yes. A. Oh, that was a week or two, or more, before they come after him.

Q. What kind of a buggy was that in which your son came home? A. A one-horse buggy.

Q. Describe the horse? A. A dark bay horse, to the best of my recollection.

Q. Had the buggy a top? A. No, sir, no top at all.

Q. Do you know to whom the buggy belonged? A. Well, I don't know whether it belonged to old man Abner or not.

Q. What time did they arrive at your house? A. I reckon the sun was about an hour high, or hardly so much? It was raining when they came.

Q. Was it a rainy day? A. It hadn't been raining all day. It rained in the evening a little, not much.

Re-examined--Questions by Defense.

Q. What is your age? A. I don't know exactly, about fifty-six, though, I reckon.

Q. During the months of February and March did your son pass up and down from Columbus home? A. Well, he did once, I think.

Q. What is his trade or occupation? A. Working in the shop.

Q. What kind of shop? A. Blacksmith shop and wood shop.

Questions by the Defense.

Jordan Reese, a witness in behalf of the defense, having been duly sworn, testified as follows:

Q. State your name in full? A. Jordan Reese is my name, sir.

Q. What is your age, and where do you reside, and what is your occupation? A. I shall soon he seventy years old, sir; I am a farmer; I reside in Meriwether   County, near Sulphur Springs.

 

Q. Do you know Wm. Duke, who is under arraignment here? A. Yes, sir, well acquainted with him; that is, I have been acquainted with him about sixteen or eighteen months, since he moved from Columbus up to my neighborhood. He lives about between four and five hundred yards from where I live.

Q. Did you say he moved, or his father? A. Well, the whole family moved together; all have been there ever since--all the family. Occasionally some would be off, backwards and forwards to Columbus, and about, but that is their residence--their home.

Q. What is William Duke's business or occupation? A. Well, sir, he is a blacksmith, and works in a work-shop on buggies, etc.; 'most anything--wood work; sometimes in the blacksmith shop and sometimes in the wood shop.

Q. Do you know where he was the last week in March of this year? A. Well, sir, I was with him on the 30th day of March, at the shop His shop is a kind of resort for the neighborhood. He was there between sunset and dark. I left him there, with several others.

Q. What day of the week was that? A. Monday evening, the 30th, there were some seven or eight there.

Q. Were you at the same place next morning? A. Yes, sir. I went up there on Monday evening, to have some work done. The old man Duke was at work on my plows, and he didn't get them quite finished, so I started very early Tuesday morning, and went up after my plows. I was also there Wednesday morning.

Q. Was William there Tuesday morning, when you went for your plows? A. Yes, sir.

Q. Was he there Wednesday also? A. Yes, sir, he was there on Wednesday.

Q. When did you first hear of the murder of Mr. Ashburn? A. Well, sir, as well as I recollect, it was about Thursday or Friday afterwards. I think one of my neighbors, Jimmy Tucker, perhaps, if I am not mistaken, went up to LaGrange  , and heard it there--I think about Thursday--I won't say--Wednesday or Thursday.

Q. How far is it from your house and Mr. Duke's father's to Columbus? A. It is fully forty miles. We always call it that--that is what we generally call it. It is a very long day's drive, sir.

 

  page 71  

Cross-examined--Questions by the Judge
Advocate.

Q. When did you first hear the name of William Duke connected with the murder of Ashburn? A. Well, sir, the first I heard of it was at the time they arrested him--the day after they had arrested him I think. I did not charge my memory exactly to a day, but about Thursday, I think, they arrested him. I heard of it about Friday evening or Saturday morning, I won't be certain which, and I was very much astonished.

Q. When was he arrested? A. Well, I never charged my memory, sir, in regard to it. I think it was about Thursday, but I don't know the day of the month.

Q. Was it last Thursday? A. Not last Thursday--last Thursday week, if I am not mistaken.

Q. Do you remember what day of the month he was arrested on? A. No, sir. I go there almost every day, to the shop, walking about, and think it was Friday I went up to the shop, and some of the family told me William was arrested and carried off.

Q. Do you know when Mr. Ashburn was murdered--the date of the murder? A. Only from hearsay. I heard it was on Monday night, the 30th.

Q. You don't remember when William was arrested--the day of the month--although it was a week ago last Thursday? A. No, sir. I did not charge my memory with it.

Q. But, do you remember the day that he mended your plow? A. Yes, sir. I carried the plows on Monday, the 30th, and I went after them on Tuesday.

Q. How are you able to remember so distinctly the day you took the plows there to be mended? A. How?

Q. Yes, how are you able to remember so distinctly? A. What makes me certain that that is the day, sir, it was either Friday or Saturday that a gentleman brought William Duke up from Columbus, and I think it was Saturday morning that I saw him, and asked him about matters and things in Columbus--what was the news, and so on--that's the reason why I know. William had been for some time from home, and I saw him Saturday morning, I think--either Friday or Saturday.

Q. Well, how did you remember afterwards what day of the month it was on

 

which you first saw William, on his return from Columbus? Did it make so much impression on your mind as that? A. Well, sir, I think it was on the day, the 26th--no, the 27th or 28th, on refreshing my memory about it--what I recollected was that William was there from, I would say, the Saturday morning before until some seven or eight days after--well, may be a week or more after Ashburn was killed. That is why I recollect that William was there, because I seen him there every day.

Q. When were you first inquired of as to the time when William returned from Columbus to his home? A. Why, I saw him myself. I was with him two days.

Q. Since his arrest, has not some person come to you to inquire of you as to the time when William returned from Columbus? A. No, sir, not a soul.

Q. Did no one speak to you as to the time when William returned home? A. When he returned home from Columbus?

Q. Has no one since his arrest talked to you as to the time when William returned from Columbus? A. Several have talked about the time that Ashburn was killed--on Monday. Being at the shop there (there were several of us there, some seven or eight men, that Monday evening), there was a general talk among the neighbors about William being arrested. They were rather surprised at it--everybody in the whole neighborhood--seven or eight men--in the shop at the time I was there.

Q. Who first spoke to you about coming here as a witness? A. Well, I didn't know that I was coming here until they sent for me.

Q. Since you arrived here, have you not had conversation with some one as to the date of Ashburn's murder? A. No, sir, I recollect that very well.

Q. Well, you say you remember now the date of Mr. Ashburn's murder? A. Well, I did not say positive. The murder took place, as I understood it, on the 30th of March, Monday night. That's what we heard some three or four days afterward. This man, from our neighborhood, Mr. Tucker, went up to LaGrange  , and brought the news down. That's all I know about it.

Q. Explain, if you please, how it happens that you remember now the date of Ashburn's murder, and you can not remember the day of the arrest of your

  page 72  

 

neighbor, as one of the parties connected with that murder, although that arrest took place not more than ten days ago? A. Well, I stated that I thought it was either Thursday--last Thursday was a week, that's what I--(witness hesitates)--I think it was on Thursday.

Q. Do you remember the day of the month that your neighbor Duke was arrested on? A. No, sir, I did not charge my memory with it.

Q. Did you charge your memory with the date of Ashburn's murder? A. Yes, sir.

Q. Were you in the habit of going frequently to the shop in which William worked? A. Yes, sir, sometimes twice a day I would go up there, and stay there with the neighbors, and we would talk.

Q. Did you go there frequently in the month of February? A. Well, sir, sometimes it is every day, and sometimes three or four days before I go there. I would be off from home.

Q. Was William at home in the month of February? A. Yes, sir.

Q. Was he at home in the month of March? A. Well. he was not at home the first part of March much; he went down to Columbus, and, as I said, he came up the last of March.

Q. Do you know when he left home to go to Columbus? A. No, sir, they pass back and forwards frequently, the family does, and I don't charge my memory with such things.

Q. Do you know how long he was absent at any one time in March? A. No, sir, I don't recollect.

Q. Did you frequently have work done at that shop? A. Yes, sir, had all my work done there sir.

Q. Was he at home all the month of February? A. Well, I don't know, sir. It seems to me that he was most of February, because he had chills and fever. I think he was sick most of February if I am not mistaken.

Q. Do you know whom William came home with the last time he came, before Ashburn's murder? A. The last time?

Q. Yes. A. No, sir, I didn't see the man who brought him up. I heard a man brought him up, but that was all.

Re-examined--Questions by Defense.

Q. Did you have any notice at all of your testimony being needed here until

 

you got a subpœna? A. No, sir, I have not had a subpæna yet, sir.

Q. And no notice? A. I had a notice, sir. There was a man came for us. A gentleman was sent from here who told us we were required, so he said; I don't know. He said he was sent from this body down there to bring us up.

Q. Had you spoken very publicly and freely about your knowledge of where William was, and expressed your surprise at his arrest? Had you spoken thus freely and publicly everywhere? A. Well, the neighbors talked about it in the neighborhood, after he was arrested. We were all very much surprised at his arrest.

Q. Have you been to LaGrange  ? A. I had to go up to LaGrange   to get on the cars.

Q. Were you there last week, or the week before? A. Yes, sir, last week I was up there--Tuesday.

Q. Did you speak up there to anybody, or publicly, as to your knowledge of this transaction? A. Well, sir, Mr. Abrams and Dr. Wymbush was there--the way they come to ask me about it, both of these gentlemen knew that I lived in sight of him, and asked me something about it.

Q. That's the explanation of the first notification you got of it, is it? A. Yes, sir.

Questions by the Defense.

J. T. Woodward, a witness for the defense, having been duly sworn, testified as follows:

Q. Give your name in full, Mr. Woodward. A. J. T. Woodward.

Q. What is your age? A. Twenty-three years old--twenty-four my next birthday.

Q. What is your occupation? A. Farmer, sir.

Q. Where do you live? A. Meriwether   County.

Q. Do you know William Duke who is now on arraignment here? A. Yes, sir.

Q. Which is he? A. There is Mr. Duke, (witness points to Duke, one of the accused.)

Q. How far do you live from his father's house? A. About a mile and a half, sir.

Q. Did you see William Duke at any time during the latter part of March, this year? A. Yes, sir, I saw him on the 27th,

  page 73  

 

28th, 30th, and 31st, and 1st of April. All through April I was with him.

Q. Where was he on the 27th of March? A. He was at his father's house, sir.

Q. What hour of the day did you see him there? A. I saw him directly after twelve o'clock, soon in the evening.

Q. Where was he on the 28th? A. He was at the shop at his father's.

Q. What days of the week--do you know? A. Friday and Saturday.

Q. Where did you see him Monday, the 30th? A. Saw him at his father's.

Q. What time of the day did you see him there? A. I saw him in the evening about dusk.

Q. Where was he then? A. He was at his father's, at the house.

Q. You said you saw him the 31st; when did you see him then, and at what time of the day? A. I saw him very early in the morning at his father's.

Q. How far does Mr. Duke's father, where you saw him, live from Columbus? A. Forty miles, sir, it is called.

Q. When did you first hear of the murder of Ashburn? A. The second day of April; I was at the shop when I heard it.

Q. Do you recollect the day of the week that was? A. It was Monday, sir.

Do you know how the news got there--how did you hear it? A. Well, sir, there was an old gentleman come up from below there, two or three miles, he told me about it; and then there was a young man in the settlement, was in LaGrange   on Tuesday; we met there that evening, and he told me about it.

Cross-examined--Questions by the Judge
Advocate.

Q. When did you first hear that William was charged with taking part in the murder of Ashburn? A. William Duke?

Q. Yes. A. Well, sir, I never heard of it till he was arrested.

Q. When was he arrested? A. Well, sir, I don't recollect; I was not at home at the time.

Q. Can't you recollect now the day that he was arrested? A. No, sir, I can't, because I was not in the settlement at all.

Q. Can't you recollect the day that you heard he was arrested? A. I think he was arrested on Thursday; I won't be certain of it; Thursday or Friday--Thursday, I think.

Q. When did you first hear of it? A.

 

I think I heard of it the day he was arrested.

Q. What day of the month was that? A. Well, sir, I can not tell you.

Q. I wish yeu would try to tell me. A. I can't tell that, sir; I --. (Witness hesitates).

Q. It interested you, did it not, to know that your neighbor was charged with so serious a crime? A. It did, sir.

Q. Very much? A. Yes, sir.

Q. But you can't remember the day of the month? A. No, sir, I was out on other business; I was not at home myself; my father told me about it; he had been down to my place.

Q. You think it was Thursday? A. Yes, sir, I think it was Thursday.

Q. You do remember though, very distinctly, the days that you saw him in the shop, some three months before that? A. Yes, sir, I do.

Q. You say you were with him all the month of April? A. The most of April I was--I will not say all April; I had my work done at the shop, and was there every day mighty near; his father keeps a blacksmith and wood shop too.

Q. When you heard of his arrest, did you then remember these dates, as you have given them on your examination in chief? A. Yes, sir.

Q. You remember then that it was Friday, the 27th, that you first saw him? A. Yes, sir; I commenced thinking about the death of Ashburn, and I knew Mr. Duke was at home when I heard that he was arrested.

Q. Did you know the date of Ashburn's death when you first heard of his arrest? A. Yes, sir.

Q. Had you charged your mind with that when you heard of it? A. Yes, sir.

Q. The date of his death? A. Yes, sir.

Q. Why did you charge your mind with that date? A. Because I knew that Mr. Duke was at home at that time after I heard that he was arrested.

Q. Did you, at the time you heard of Ashburn's death, charge your mind with the date of his death? A. Yes, sir.

Q. Why did you do that? A. Well, because I just happened to know that it was that date; I was reading of it in the papers.

Q. Recollect that, but you can't now remember the date when you heard of the

 

  page 74  

 

arrest of your neighbor on a charge murder? A. I don't recollect the date, sir--the time he was arrested.

Q. Had anything occurred since Ashburn's death and before Duke's arrest to cause you to reflect on the days you had seen William Duke at the shop, and if so, what was it? A. Nothing, sir.

Q. Has your attention been called to these dates by conversation with other persons? A. We have been talking about them, sir.

Q. Have you not been talking about them to-day? A. No, sir, I have not been talking about them to-day.

Q. Yesterday? A. I don't recollect talking about them yesterday, sir.

Q. The day before? A. It may have been, I don't know for certain--I would not say for certain.

Q. Whom did you talk about them with? A. Well, I had talked about them before I came to Atlanta with my brother and brother-in-law, my father--no, not my father--and Mr. Florence. These were the first I had talked to about it.

Q. Had you talked with any of the witnesses here? A. Yes, sir, I think I have. I have talked to one of them about it.

Q. What witness here have you talked with? A. Talked with young Mr. Duke--Wayne Duke is his name--about it.

Q. Who else? A. Well, sir, I talked with his brother, John Duke I think is his name. "Dug" Duke I thing they call him.

Q. When did you talk with them? A. I talked with them the day we came up here, sir--last Friday I believe--Friday evening.

Q. Do you remember the day William Duke went to Columbus, the last time he left home to go to Columbus, before the murder of Ashburn? A. No, sir, I do not.

Q. Do you remember the day he left home to go to Columbus with his mother, after the death of Ashburn? A. No, sir, I do not, I think, though, it was some time in April--'long towards the last of April, I won't be certain of it.

Q. Can't you remember any other days since Christmas, except those you have named, that you can swear that you saw Duke at the shop, at work--particular days. A. "Particular days," sir? I don't know as I can, but I am pretty certain he was there directly after Christmas.

 

Q. Do you know where he was in the month of February? A. No, sir, I don't. I had not made arrangements with him to do any work at all, at that time. 'Long towards the first of March I made arrangements with him to do my work. I had my work done in another place--didn't go to the shop so often.

Q. Where was he in the month of March before the days you have mentioned? A. I think he came from Columbus on the 26th.

Q. Where was he before that? A. I think he was in Columbus.

Q. Was he at home no part of March, except those days? A. I don't recollect, sir, whether he was or not.

Q. What kind of day was it on which Duke came home? do you remember? was it cold, wet or dry, or what? A. I don't recollect, I was at the shop on Friday, I think--I am pretty certain it was Friday, and I saw him; I had not seen him before in some time, I think; I don't recollect anything about the day or what day it was.

Q. When was it you made arrangements with him to do your work for you? A. I didn't make arrangements with him, I made arrangements with his father about the first of March.

Q. From what fact was it that the date, the 30th of March, was impressed upon your memory more than any date? A. I don't understand the question exactly.

Re-examined--Questions by Defense.

Q. Did the news of the death of Mr. Ashburn produce a great sensation in your neighborhood or not? A. Yes, sir, it did.

Q. Was it a sensation as was calculated to make a deep impression upon all who heard of it? A. Yes, the people seemed to be very much surprised to hear of it. I was in Mr. Duke's there when I heard of it.

Q. You say it was published in the papers. A. Yes, sir, I saw it in the papers after these gentlemen told me?

Q Was it or not from these facts you have just stated, of your being there at the time, that the date was more impressed upon your mind than other dates? A. Yes, sir.

Cross-examination--Questions by Judge Advocate.

Q. Did you not go with William Duke to Montgomery, Alabama, a day or two

  page 75  

 

before or a day or two after the murder of Ashburn? A. No, sir, I never was in Montgomery in my life.

Q. Didn't you go in that direction? A. No, sir, I was never in Columbus but once in my life and that was when I was very small; my father carried me there.

The Court then adjourned until to-morrow morning at 10 o'clock.

McPherson Barracks, Atlanta, Ga.,
July 7, 1868.

The Commission met pursuant to adjournment.

Present--The same members as yesterday, the Judge Advocate and assistants, the prisoners on trial, and their counsel.

The record of yesterday's proceedings was read and approved.

Emily Duke, a witness for the defense, examined before the Commission yesterday, on hearing her testimony read by the Judge Advocate in open court, asked permission of the court to correct some points in her testimony. Permission having been granted, the witness made the following statement:

"I made a mistake in the description of my house--there is one bed-room, a large one--but there is a dining-room, and a cook-room besides. My son and his wife did not stay there all night--they live close by us. My son William was not at home all the time through February and March--but I don't know exactly how long he was there. I know he passed up and down the road a time or two, but what time I don't know. I think it was last Wednesday was a week he was taken. I think it was the 24th. My son-in-law did not sleep in the house, he has a little house just adjoining mine."

The witness, Jordan Reese, also examined before the Commission yesterday, on hearing his testimony read in open Court by the Judge Advocate, asked and obtained permission of the Court to make the following correction:

"When I come to think about it, I think that William Duke was arrested on Wednesday instead of Thursday."

The witness, J. T. Woodward, also examined yesterday before this Commission, on hearing his testimony read by the Judge Advocate, asked and obtained permission of the Court to make the following correction:

 

"It was Wednesday, the first day of April, that I first heard of the murder of Ashburn. I talked about that before I came to Atlanta with my brother-in-law, and so forth, not my brother, as recorded in my testimony of yesterday. With regard to William Duke, I was with him part of April, not all the time."

The counsel for the accused then submitted a paper, of which the following is a copy:

"The counsel for the prisoners ask that the court order a copy of the testimony of record be made for the use of the defense; the counsel for the prisoners ask that subpœnas be issued for Mr. W. H. Reed, now in Washington City, and for H. C. Whitley, now in Atlanta, and that the witness Whitley be ordered by the court not to leave Atlanta without the permission of court."

The Commission decided to leave the matter in the hands of the Judge Advocate. The Judge Advocate stated that he would furnish a true copy of the testimony of record to the defense. Also that he would subpœna Mr. Whitley, and, when so subpœned, Mr. Whitley could not leave Atlanta without permission of the court; and that with regard to the other party, Mr. W. H. Reed, who is said to be in Washington City, he would also have him subpœnaed, as desired, that the defense in this case may have the utmost latitude for the obtaining of testimony necessary to their case. The defense stated that with the permission of the court they would for the present suspend the taking of testimony in the case of the accused, William Duke, although several other witnesses in his behalf were waiting. This was desirable, they said, for the accommodation of some ladies who were present as witnesses in behalf of another of the accused, one of which ladies was ill and anxious to return to her home. The court granted the desired permission.

Questions by Defense.

Mrs. Edward Sheppard, a witness on behalf of the defense, being duly sworn, testified as follows:

Q. What is your name? A. Mrs. Edward Sheppard.

Q. Where do you live? A. In Winton, near Columbus.

Q. Do you know Dr. Kirksey? A. Yes, sir.

  page 76  

 

Q. Can you point him out in the court? A. Yes, sir.

Q. Do so. (Witness points out Dr. Kirksey, the accused).

Q. Are you related to Dr. Kirksey? A. Yes, sir.

Q. What relationship? A. My son-in-law, sir.

Q. Where does Dr. Kirksey live? A. Lives in Winton.

Q. With whom? A. With me.

Q. Please describe the house--the internal arrangement and situation of the house as to the rooms. A. The house is one story high; the front part of the house is a long hall, running through, with three rooms on each side, each door opening into the hall; there are two large outside doors that are fastened; one of the inside doors is a large folding door.

Q. Is the room that Dr. Kirksey sleeps in on either side of the passage, and which side? A. It is one of the front rooms on the right-hand side.

Q. Where is your sleeping-room situated? A. My sleeping-room is two rooms below, on the left-hand side.

Q. Whose sleeping-rooms are opposite to Dr. Kirksey's? A. My son's.

Q. What is his name--which of them? A. Andrew Sheppard.

Q. Whose sleeping-room is next to Dr. Kirksey's? A. My daughter, Mrs. Moore, and Miss Woodville Sheppard and Miss Winne.

Q. Do you recollect upon what day of the month Mr. Ashburn was killed? A. No, sir, I don't.

Q. Do you recollect the month? A. No, sir.

Q. Do you recollect the day of the week? A. No, sir.

Q. When did you first hear of the killing of Mr. Ashburn? A. Next morning.

Q. Do you know where Dr. Kirksey was the night before? A. The night before he was killed?

Q. No, the night before you heard of it. A. No.

Q. You say you heard the next morning that Ashburn was killed? A. The Doctor was at home.

Q. The night that he was killed? A. The Doctor was at home.

Q. What time did he come home that night? A. Came home to tea, after dark--some time after dark.

Q. Did he go out after dark? A. No, sir.

 

Q. Were you in his bed-room after he retired? A. Yes, sir.

Q. How came you to be there? A. He had a sick baby.

Q. About what time of the night were you in his room? A. I don't know exactly the hour, but it was very late in the night; we had no time in the house; it was late in the night.

Q. Who was in the room when you went into the room? A. His wife and baby and servant girl.

Q. No one else? A. Not that I recollect, sir.

Q. The Doctor himself was not there? A. The Doctor was in bed.

Q. In what room was the bed? A. In the front room.

Q. I mean was that the room that his wife and child were in? A. Yes, all were in one room together.

Q. Was the Doctor awake? A. Yes, sir.

Q. Can you recollect how late at night it was? A. No, sir, I can not tell how late it was, but we were up unusually late that night anyway; we had some three or four sick ones in the house.

Q. Did you remain long in the room? A. Yes, sir, remained some time in the room.

Q. When you left the room did you go to bed? A. No, sir.

Q. Why? A. I had a little boy with a toothache that I had to attend to.

Q. Were you kept up much of the night? A. Yes, I was up and down nearly all night, trying everything that I could to ease his tooth.

Q. Did you send this child--this little boy of yours--anywhere for medicine that night for his tooth? A. Yes, sir, I sent him to the Doctor's room for morphine.

Q. Did you get it? A. Yes, sir, he got it.

Q. What Doctor do you refer to? A. Dr. Kirksey.

Q. This the same gentleman who is now a prisoner? A. Yes, sir.

Q. Mrs. Sheppard, from the manner in which those rooms are situated to each other, could Dr. Kirksey have left the house that night without your knowledge? A. No, sir.

Q. Are you very clear upon that point? A. Yes, sir, because I am very easily awaked, and the least noise wakes me, and he could not have got out without raising the windows

  page 77  

 

or opening the doors, and I should certainly have heard it, because I was up anyway.

Q. Have you severe dogs? A. Yes, sir, two.

Q. Could Dr. Kirksey pass those dogs without their barking at him severely? If so, why? A. No, sir, because he is always teasing of them and whipping at them with his whip, and he is always teasing them and they always bark at him.

Q. Could Mr. Sheppard himself pass those dogs at night without their barking at him? A. I don't know, he hardly ever goes out of the house of a night--very seldom.

Q. How are the doors of the house fastened? A. The inside doors are fastened by locks, the outside doors are fastened with bars--iron pieces to hold the bars.

Q. Is the house barred at night? A. Yes, sir, always.

Q. Have you a daughter by the name of Mrs. Moore? A. Yes, sir.

Q. Is Mrs. Moore a very nervous woman or not? A. Yes, sir, she is very nervous indeed. She has been sick a great while and she is very nervous.

Q. Is she not very timid about anything occurring at night and always very watchful? A. Yes, sir.

Q. How far is your house from Columbus? A. A mile and a quarter.

Q. Do you remember where Dr. Kirksey was on Monday night, a week before Ashburn was killed? A. I think he must have been at home, but I do not remember particularly. He has not for a month or so hardly ever been out at night.

Q. Why is it that you remember with so much particularity about his being home that night--the night that Ashburn was killed? A. Well, after they commenced arresting some of our men, everybody got to thinking about it, and thinking what had happened that night, and it made us call to mind everything of the kind, and thinking of our own. Of course we were trying to think where they were. It made us particular about that night. I had a feeling recollection of it otherways, being up all night and sick ones in the house.

Q. Who was the first person you heard had been arrested? A. Mr. Bedell, I believe, was the first I heard.

Q. How long was that after you heard of Ashburn's murder? A. I think it was the same evening. A young lady came up from

 

Columbus, and told me they were arresting them.

Q. You say you commenced immediately locating your own family, after you heard of the arrest of Bedell; now state whether you are certain or not of where Dr. Kirksey was that night? A. Yes, sir, he was at home and in bed that night.

Cross-examination--Questions by the Judge
Advocate..

Q. How long since Dr. Kirksey married your daughter? A. He was married in October after the surrender.

Q. How many children has his wife? A. One, sir.

Q. What is its age? A. Two years the 17th of this month.

Q. What was the matter with the child that night? A. She was threatened with croup, I think.

Q. How did you learn that there was anything the matter with the child? A. My daughter's calling me. She always calls me whenever the baby is the least sick.

Q. About how far is it from the door of her room to the door of your room? A. My room is one room below hers.

Q. Did you not say it was across the hall on the opposite side? A. Yes, sir.

Q. About how many feet would you say? A. Well, I have no idea how many feet it is. It may be ten feet--I have no idea.

Q. Will you please point out some object in this room about the distance that it is from the door of her room to yours? A. Yes, sir, about as far as from here to that window. (Witness points to window behind the President, about ten or twelve feet from herself.)

Q. How large are those rooms? A. I really don't know how large they are; they are common-sized rooms.

Q. What sized carpet does it take to cover the floor? A. I don't know, sir; I never measured it.

Q. Did Mrs. Kirksey come to your room when she informed you the child was sick? A. No, sir, she called me there.

Q. Where was she when she called you? A. At her room door.

Q. Was the door open? A. Well, I suppose if she was in the door it would be open.

Q. Well, ma'am, do you state on your oath that it was? A. I don't recollect about that, sir; I went into the room; she may

  page 78  

 

have shut the door when she got back, after she called me; I did not go right away.

Q. Was your door open at the time she called you? A. Yes, sir, my door is always left open at night when any of my children are sick; I always leave my door open, so that if any of them are sick I can hear them when they call.

Q. Did you hear her shut it? A. No, sir.

Q. Could she have opened it without your hearing it? A. I don't know whether she could or not; I was not paying attention; I might not have heard.

Q. Have you not stated, madam, that Dr. Kirksey could not have gone out of the window that night without your hearing it? A. Yes, sir, the doors as I said--the windows are hooked down and the blinds drawn; he could not have gone out without somebody hearing him, because his wife is very easily frightened, and she always has the windows fastened down and hooked in; she never goes to sleep without having it done.

Q. Does she sleep with her door open or closed? A. Sometimes open and sometimes shut--the inside door of the room.

Q. How was it that night? A. I don't recollect, sir.

Q. Is there an outside door to her room? A. No, sir.

Q. Do you know that the windows in Dr. Kirksey's room were fastened down that night? A. No, sir, I don't know that night, but they are every night, and I should not see why they should not be that night if they are every night; I did not notice particularly that night.

Q. Is that her habit in summer as well as in winter? A. Yes, sir; the windows pull down double from above, and then the green blinds are hooked in; the blinds turn.

Q. You don't undertake to swear that they were fastened that night of your own knowledge? A. No, sir, no more than any other night.

Q. Did you notice every door that was open that night? A. No, sir.

Q. Can you say whether the windows were shoved up or down in any of the rooms of the house that night? A. Don't know, sir; the rooms are all fixed that way at night, because the last thing I do in my children's room--my youngest children--is to do that, on account of robbers and such.

 

Q. Do you intend to be understood that you fastened down the windows in all the rooms of the house before you went to bed that night? A. Yes, sir; if I don't do it myself my little daughter does; that's the last thing done at night--going around to fasten down the windows and doors.

Q. Did you or your little daughter fasten them down in Mrs. Kirksey's room that night? A. No, sir, the Doctor always does that himself when he is at home, for his wife will make him do it always before she goes to sleep.

Q. Then you did not intend to say that you or your little daughter fastened down the windows in all the rooms? A. She goes round to see all the rooms, and so do I; it is the last thing at night that we go around to see that everything is fastened.

Q. Do you go round on the outside or inside of the house? A. Inside; they can all be fastened on the inside, sir; all have hooks.

Q. Do you intend to include Mrs. Kirksey's room in that statement? A. Of course; her room is always fastened.

Q. You say you or your little daughter do this each night; which one of you did it that night? A. I don't recollect.

Q. Would you swear, madam, that either of you did it that night? A. No, sir.

Q. Is Mrs. Moore your daughter? A. Yes, sir.

Q. Where is her room located? A. Next to Dr. Kirksey's room.

Q. Do you undertake to state that no one of the windows in either of the rooms was opened that night? A. No, sir, I think if they had been I should have known it.

Q. How would you have known it? A. By the noise they would make, of course.

Q. Would that have made more noise than the opening of Mrs. Kirksey's room door when she called you? A. Yes, sir; the windows make a great deal more noise when they are opened; the doors don't make much noise, but the windows make a great deal.

Q. How are the windows hung? A. They are hung with weights, sir.

Q. Weights and cord? A. Yes, sir.

Q. Is it not very easy then to elevate the lower sash? A. I never noticed particularly about that; I never noticed any difference of a lower sash any more than in the other.

Q. Did you sleep any that night? A.

  page 79  

 

Yes, sir, I expect I did; I don't recollect how much though; of course I had to lie down and get up; I don't recollect how much I slept.

Q. Do you recollect how often you were down and up? A. No, sir, I don't.

Q. Were you not very much fatigued, waiting upon the child? A. Yes, sir, my health is bad anyway.

Q. When you lay down fatigued, having been interrupted in your rest, may you not have slept a little more soundly than usual? A. No, sir, I don't in general sleep very sound.

Q. When you have lost sleep, are you not apt to sleep more soundly when you lie down? A. Not the same night; I always sleep the next day when I am excited that way--I hardly ever sleep when the children are sick.

Q. Will you swear, ma'am, that the sash could not have been elevated in any one of the rooms of the house that night, when you were asleep, without your having heard it. A. No, sir.

Q. Will you swear that it was not elevated in Dr. Kirksey's room? A. No, sir.

Q. You stated that Dr. Kirksey was in bed when you went into his room? A. Yes, sir.

Q. Why was he not up tending to his sick child? A. The child was right by him on the bed; he had been up.

Q. I understand you, that you could not state the time of the night--how late do you believe it was? A. It must have been, as well as I recollect, about twelve o'clock at night.

Q. Well, now, madam, what induced you to locate it about twelve o'clock? A. Because we were up unusually late that night, and I suppose it to be about that time, sir; we had four sick ones in the house, sir, and I thought so from the chickens crowing shortly after.

Q. What time do your chickens crow at night? A. Generally crow about midnight and daylight--same as all other chickens.

Q. Is it a habit with all other chickens to crow at midnight? A. I was always taught so from my childhood up, sir.

Q. What is your usual hour of retiring at night? A. About ten o'clock, sir.

Q. What time did you retire that night? A. I don't recollect in particular; I told you it was unusually late that night; of course it was later than ten, as I repeatedly told you.

 

Q. Will you pretend to state how long you had slept before you were called by your daughter, after you lay down? A. No, sir.

Q. May it not have been as late as two o'clock when you went into the room? A. No, sir, I know it was not that late.

Q. May it not have been half after one? A. I don't recollect; I can not tell.

Q. Then you will not be positive that it was before half after one? A. I ain't positive to the time; I know it was late in the night; it is all that I know about it, as I told you before.

Q. Is Dr. Kirksey a practicing physician? A. Yes, sir.

Q. Does he ever attend his patients at night? A. Yes, sir.

Q. Is he not county or city physician? A. He was.

Q. Was he at that time? A. I don't recollect whether he was at that time or not.

Q. Does he not have frequent calls at night from patients? A. He has not lately, but he had a great many last year; but not so many this year, because we have not had so much sickness.

Q. Are not calls frequent this year at night? A. No, sir, they have not been; I don't know of a single night call the Doctor has had.

Q. This year, do you mean? A. This year; yes, sir.

Q. Has his practice greatly fallen off this year? A. I don't know; it has been unusually healthy this year.

Q. How long have you had the two severe dogs you testified about? A. Well, I don't know; one of them we have had a year or two; we raised them; one is quite young--about a year old, the other about--nearly two years old, as far as I can recollect.

Q. You say they are very severe? A. One of them is a very severe dog, sir.

Q. What sort of dog? A. Common cur dogs, I guess--large.

Q. Are the people in the neighborhood afraid of them? A. Yes, sir; they never come in the yard without a guard, or go out without one.

Q. Were they not in the way of the Doctor's practice? A. Well, they generally halloo when they get to the gate, when they come at night, without coming in; the dogs are always in the inside lots; the people always halloo; then we send some one out to them.

  page 80  

 

Q. Is the inside lots, as you call it, back of the house from the street or road? A. There's three inside lots to the house; the house is a very large house and there's three inside lots to it--two front yards, and then there is a back yard, where they keep the dogs; and then at night these gates are all open for the dogs to pass round the house.

Q. Does not the window of Dr. Kirksey's room open into the front yard? A. Into one of them, it does; one of the front yards.

Q. Do you pretend to say, if the dogs are in the back yard he could not have got out of the window and left the premises without their barking at him. A. He could not have got out without the dogs knowing of it; there could not be a window raised that the dogs did not bark at it, whenever there was a window raised; they always hear the least noise. I notice whenever I raise a window they always generally bark; I suppose when the others do it is the same thing; we keep the dogs right round us, and they are fed from the table, right at the doors, and of course they know everything that is going on.

Q. Do you intend to state that there never is a window raised at night there without their barking at it? A. No, sir, I don't pretend to say that; but whenever I raise one they bark, and I suppose it is the same with everybody else.

Q. Might not Dr. Kirksey have raised the window and gone out that night without their barking at him? A. I don't think Dr. Kirksey could have got out without the dogs knowing of it; I don't think he could have got the windows up.

Q. Was it not possible that he might? A. I don't think so.

Q. Might not the dogs have barked at him if he went out and you not have paid any attention to it? A. I can't say.

Q. As they bark so frequently, do you pay special attention every time they do bark? A. At night I do, sir, because I am always thinking of some one breaking into the house; I had got up time and again to see what the dogs were barking at.

Q. Do you pretend to say that they never barked at night without your hearing them? A. They may bark sometimes that I don't hear them; when I am asleep, may be.

Q. Might not that have been true on

 

that night when you were asleep? A. I told you I didn't sleep very much that night.

Q. Did you not tell me you slept some that night? A. I say I may have--not sleeping soundly--I may have slept some.

Q. Do you always get up to see what the dogs bark at when they do so? A. If I don't get up myself I call some one to see.

Q. Is that rule without exception? A. When I hear them barking, and like there was any one about, I most always have some one to see what the dogs are barking at, if I don't get up myself; I think that is sufficient about the dogs.

Q. Will you swear they did not bark at Dr. Kirksey that night? A. No, sir.

Q. Are you certain about the time the first arrests were made after Ashburn was killed? A. I think it was the evening he was killed that some arrests were made--Mr. Bedell and several others; I don't recollect who now; I recollect Mr. Bedell's name.

Q. May it not have been the second day after he was killed? A. I am not certain.

Q. On hearing of Bedell's arrest, why was it you began to think where Dr. Kirksey was that night? Did you suspect him of being implicated? A. No, sir, I had not the most distant idea of such a thing.

Q. Then what caused you to reflect about where he was the night of the murder? A. Because they were arresting any one and every one.

Q. What do you mean by any one and every one? A. Well--just arresting persons--I don't know.

Q. Do you know how many were arrested? A. No, sir, I do not.

Q. Do you know of anybody but Bedell? A. I know there were others, but I don't recollect their names.

Q. Did you hear how many? A. No, I didn't hear how many; I just heard that they were arresting some young men.

Q. Were not the persons arrested in the city? A. Yes, sir.

Q. Were they or not the companions of Dr. Kirksey? A. I don't know, sir.

Q. How far is your house from the city? A. I told you before--a mile and a quarter.

Q. What reason had you to suspect that persons living out a mile and a quarter would be arrested on account of Ashburn's death? A. I never thought anything about it.

Q. When was the matter first talked of

  page 81  

 

in your family as to where the Doctor was on the night of the killing of Ashburn? A. After they commenced arresting.

Q. Who first mentioned it? A. I don't recollect.

Q. Did Dr. Kirksey say anything about it? A. Not that I recollect of.

Q. Was he present when it was talked about? A. No, sir, he was not there.

Q. When did he first talk with you and his family on that subject? A. I don't recollect, sir, anything about it.

Q. Was it ever spoken of in the family? A. About his being arrested?

Q. No, no; about where he was that night? A. Only what I said myself when some one was talking about where he was that night; I said for myself I could swear for the Doctor, for he was at home and in bed.

Q. Who were you then conversing with? A. With my children.

Q. When was that? A. I don't recollect what time it was.

Q. What caused you to think of the necessity of swearing for the Doctor? A. Because they were arresting persons.

Q. Did you expect everybody in or about Columbus to be arrested? A. Yes, sir, from what I saw, I expected it--women, children and all.

Q. Do you know, madam, that any women and children were arrested? A. No, sir; I have heard of such things though.

Q. Did you hear of it in this case? A. I think I heard of one woman being arrested.

Q. Who was she? A. I don't know, sir; I just heard there was one white woman arrested and sent off.

Q. Did you not hear that she was a woman who was present that night when Ashburn was killed? A. No, sir, I didn't know it at the time; I just heard that she was arrested and sent off.

Q. Did you think anything about proving where you was that night? A. No, sir, I never thought about it.

Q. Did you expect to be arrested? A. I don't know. I laughed about it many a time.

Q. Did you consider it a light matter? A. I thought it would be, to arrest women and children.

Q. Was it before or after the arrest of this woman that the conversation occurred in your family, about where the Doctor was that night? A. I don't recollect.

 

Q. Well, give us your best opinion, madam, on that subject. We are entitled to that, I believe. A. That is all I recollect--laughing at the idea of arresting women. That is all I know about it.

Q. I regret to press the question, but I must do so--I want your opinion as to whether this conversation took place before or after the arrest of this lady. A. I don't recollect anything more than just what I told you. It was just merely a passing thought. I didn't pay no attention at all to it.

Q. Well, but we want your opinion as to whether it was before or after the arrest of the woman. A. I don't know, nor don't recollect nothing at all about it.

Q. You will not give an opinion then as to whether it was before or after the arrest of the woman? A. I don't recollect anything more about it.

Q. How long after Ashburn's death was the first conversation you had with anybody about where Dr. Kirksey was that night? A. I do not recollect, sir.

Q. Was it within a week or after? A. I do not know.

Q. Was it a month after? A. I can not tell you anything more than what I have told you. I never remember days, dates, nor months. Whenever I want to know anything of that kind, I always ask somebody about the house.

Q. Then, how can you recollect that the Doctor's child was sick, and that you entered his room on the same night on which Ashburn was killed? A. Because, I was up that night, having so many sick ones in the house, and being so anxious, we all sat up. We had four sick ones in the house. I had a little boy with a toothache, which kept me up. My daughter, Mrs. Moore, was very sick, and my niece was very sick, and the baby was very sick. Of course, we all felt sick--the night might have been remembered.

Q. What is there to connect that night of affliction in your family with the death of Ashburn? A. Just what I have told you.

Q. How do you know that that night is the same on which Ashburn was killed? A. Because I do know it is the same night. I was sitting next morning at breakfast, when the servant came in and told me he was killed. I recollect it all just as well; I do know it was the night.

Q. Did you say anything about the sickness

 

  page 82  

 

in the family the night before, when the servant told you he was killed? A. No, I didn't say anything at all. The girl was just passing the door, and put her head in, and asked me if I had heard it.

Q. Can you mention any other night when your family was sick? A. Yes, they are very often sick of nights, some one of them. I have a very large family, twelve or fifteen, and there is hardly a week passes that some of them are not sick in some way.

Q. Then, may you not be mistaken, and may it not have been some other member of the family that interrupted your rest on the night Ashburn was killed? A. No, sir, I am not mistaken.

Q. Will you name the next night when any of your family was sick? A. No, sir, they have been sick very often since. I could not name any night in particular.

Q. Will you name any night since that when your family was sick? A. No, sir, I never paid any particular attention to it; they are sick so often.

Q. Can you connect the sickness of your family on any other night, with any other incident that occurred in the city of Columbus? A. No, sir.

Q. Then how can you connect the sickness that night with this particular incident? A. Well, I have already related that to you.

Q. Did you ever think of this until Dr. Kirksey was arrested? A. Well--what I told you about--what I said when they were arresting these persons; of course I told you that.

Q. When was he arrested? A. I don't recollect the day; I know he was arrested twice; he was arrested and put in the courthouse; he was put out, and then he was arrested again and brought here; I do not recollect the time.

Q. How long after Ashburn's death before he was arrested and put in the courthouse? A. I do not know, sir.

Q. Did you think of the sickness of his family the night of Ashburn's death--when he was first arrested? A. Nothing but what I have already said.

Q. Give me your best opinion as to the length of time after Ashburn's death, before Dr. Kirksey was first arrested? A. I have no idea, sir, of the time; I never paid no particular attention to it at all.

Q. Was it as much as a month? A. I do not know.

 

Q. Have you no opinion as to the length of time since Dr. Kirksey was last arrested and brought up here? A. Oh, yes, because I knew he was here, and I kept a thinking about him; I think he has been here about five weeks now; I was more interested then and paid more attention to it.

Q. Was he arrested in the day or in the night? A. In the day I think.

Q. Where was he arrested? A. In Columbus.

Q. Do you recollect what occurred in your family the night after his arrest? A. Yes, sir; I recollect having been up most all the night, having something to cook for him, to bring with him, and fixing his clothes, and putting them in his valise, and helping his wife to fix his things.

Q. Was there sickness in the family that night? A. I do not recollect, sir; I do not think there was; his baby has been sick a long time--never has been right well; his wife has been sick; she was sick then and is sick now, and has been sick ever since he has been arrested.

Q. Is she a sickly lady? A. No, sir; she never was sickly until after he was arrested and put in the court-house; she got sick then, going to see him, and has been sick since; she always was healthy, remarkably healthy.

Q. What was he arrested for when he was put in the court-house? A. That is more than he or I knew, I reckon; I don't and he don't himself, I reckon--hardly.

Q. Did you have any idea at the time what he was arrested for? A. No, sir.

Q. Did you think at that time anything about where he was the night Ashburn was killed? A. I do not recollect what I thought then.

Q. Did you have any idea, the last time, what he was arrested for? A. No, sir, I didn't know; there never had been any charges brought against him.

Q. Did you hear from any source the reason of his arrest? A. Persons thought, some perhaps one thing and others another; nobody knew what he was arrested for.

Q. Did you ever hear anybody assign any other reason for his arrest than his connection with the killing of Ashburn? A. I do not know.

Q. Could you name any person who assigned any other reason? A. No, sir, because they didn't know.

Q. Have you ever heard anybody in Columbus say that he was arrested on

  page 83  

 

account of his connection with Ashburn's death, or his supposed connection, rather, with Ashburn's death? A. I suppose I have heard persons talking, but I do not recollect of their ever saying, but that they didn't know what he was arrested for.

Q. Was the cause of his arrest known in Columbus when you left home? A. Of course, because there had been charges preferred against him there.

Q. When was it first known to you and the people of Columbus? A. After he was put up here in these cells.

Q. How did it happen that you thought so carefully about where he was the night Ashburn was killed? A. Well, I have answered that question.

Q. And, in that connection you say you didn't know what he was arrested for, do you? A. No, sir, we didn't know what charges were preferred against him until after they were brought up here.

Re-examined--Questions by Defense.

Q. Mrs. Sheppard, you say you didn't know what Dr. Kirksey was arrested for. Did you not ask his counsel what he was arrested for, and they told you that the Government refused to give any charges against him until recently? A. Yes, sir.

Q. Have you known, until these charges were preferred, whether Dr. Kirksey was imprisoned as a witness or a criminal. A. No, sir.

Q. Have you not known in your own family--among the family servants--of persons being arrested as witnesses? A. Yes.

Q. What became of some of these parties after they were arrested? A. They run away.

Q. For what reason? A. Because they had been frightened.

Q. Has there been any other incidents occurring in Columbus since the first of January last that created as much excitement as the killing of Ashburn; if so, state it? A. No, sir.

Q. You stated, in your direct examination, that having heard of Ashburn's death the morning after the sickness of your family, impressed the occurrences of that night upon your mind; do you still say so? A. Yes, sir.

Q. You have been asked to state several other nights--particular nights in which members of your family was sick, or the occurrences of particular nights, and have

 

failed to state but one night, and that was the night of the arrest of your son-in-law; why do you remember particularly the occurrences of the night that the Doctor was arrested? A. I have stated that before.

Q. State whether Dr. Kirksey lived at your house from the 1st of January to the 1st of March, and, if not, where did he live? A. He stayed the first two months, I think, at the "Cook House," from the 1st of January.

Q. Where is the "Cook House?" A. In Columbus.

Q. Then where did you live during that time? A. I lived in Winton, near Columbus.

Q. Would you have been apt to have known from Winton whether Dr. Kirksey was called up at nights when he was living at the Cook Hotel. A. No, sir.

Q. During the month of March do you recollect any one night in which he was called up? A. No, sir.

Q. Is you husband very deaf? A. Yes, sir, very deaf.

Q. Did you have your house particularly fastened from apprehension of robbers or any other cause? A. From robbers breaking into the house.

Q. Had it ever been broken into; were there many robbers in your neighborhood? A. Yes, sir, it has been broken in all around the neighborhood, except on our lot, on account of our severe dogs; the neighbor's places have been broken into.

Q. You say that your husband is very deaf; did that or not cause you to be more watchful at nights? A. Yes, sir.

Q. How long has he been so deaf? A. He has been so all his life, but it is a great deal worse now. He has been very deaf the last two or three years.

Re-cross-examined--Questions by the Judge
Advocate.

Q. Who are your immediate neighbors? A. Mr. Bowers, Mr. Biggers, Mr. Thweet, Mr. Dancer, Mr. Markham, and Mr. Brown, these are the nearest neighbors we have.

Q. Have the houses of all these persons been broken into by robbers? A. Yes, sir, every one of those houses but one that I can recollect of in that neighborhood, have been broken into.

Q. Which one forms the exception. A. Mr. Markham's.

Q. Within what time have they all been

  page 84  

 

broken into. A. Well, they have been broken into several times; I think it is nearly two months since they were all robbed.

Q. Was it all on one night? A. The last robbery was all on one night.

Q. Was not that robbery a noted thing there? A. Yes, sir, there was a great many talking about it next morning.

Q. Did you hear of it the next morning? A. I heard the servants talking about it.

Q. Do you recollect what occurred in your family that night? A. No, sir.

Q. Recollect whether anybody was sick that night? A. No, sir.

Q. You stated, in answer to a question propounded by Col. Moses, that some servants about your premises, who had been arrested as witnesses, had run away; who were they? A. At least they didn't run away; they were frightened off the lot; they were frightened by the Yankees, sir; they came up there and arrested all of them the day the Doctor left, and then some four or five of them left because they told them what they were going to do with them.

Q. Was that the same day the Doctor was arrested? A. The day they started up here with the Doctor.

Q. Have you seen any of those servants since? A. Yes, sir, I have seen one of them since; the rest didn't come back.

Q. Do you know where they went to? A. No, sir; I know where a family went; they went to the foot of the hill and settled there; I found that out afterwards; I didn't know it at the time.

Q. Do you know whether Dr. Kirksey had any conversation with them about leaving before he left? A. No, sir.

Q. When Dr. Kirksey was last arrested did you not suspect that it was on account of some alleged connection with the Ashburn murder? A. I could not tell what he was arrested for.

Q. Did you not suspect it? A. I thought perhaps it might; I don't know what I thought about it at all at the time; I hardly knew what I thought about it.

Q. Please answer the direct question; did you not suspect it? A. I told you I didn't know at the time; I don't know what I thought about it; I don't recollect.

Questions by the Court.

Q. How many windows were there in Dr. Kirksey's room? A. Four windows.

 

Q. Does either of these windows open on the piazza? A. Two of them do.

Q. How high are they from the ground or from the floor of the piazza? A. They are right down on the floor; the two side windows open right down on the floor.

Q. How high are the others from the ground? A. I don't know; about like those out there, I reckon (pointing to one of the windows in the Court room); I can't tell exactly; I suppose not more than five feet from the ground.

Q. Do the neighbors you have mentioned own and keep dogs? A. One of them does--I think they all do; I think they have all got dogs--little dogs, these little poodle dogs; one of them has five of them.

Q. Do they usually bark at the approach of persons at night? A. What dogs?

Q. The neighbors' dogs. A. I have heard them a barking over the way.

Q. Did you hear the dogs bark at all the night of the killing of Ashburn? A. I don't recollect at all about that.

Q. Had you been into Dr. Kirksey's room that night before his wife called you to see the child? A. I don't recollect; I don't think I was; I don't think I had been in the room until I went there to see the child at her call.

Q. What time was it when you saw him last, before you saw him in bed with the sick child? A. Well, he was at supper the last I recollect of seeing him. I next saw him in bed; I am generally passing about and attending to my business from supper time until bed time.

Q. How far is your house from the Perry House, Columbus? A. Well, I don't know; it is a mile and a quarter to the Courthouse and I don't know what is the difference between that and the Perry House.

Q. Has Mrs. Kirksey ever, before the night in question, called you to her room at night? A. Yes, sir; many and many a time?

Q. Did you see Dr. Kirksey at any time between supper time and the time you saw him in bed with the sick child? A. He was in Mrs. Moore's room at the time between supper time and bed time; I didn't see him, but he was in there.

Q. The question is, did you see Dr. Kirksey at any time between supper time and the time you saw him in bed with the sick child? A. I didn't see him, but he was in there; he was in the room there reading;

  page 85  

 

he nurses Mrs. Moore and gives her all her medicine; every time he comes into the house he goes to see her.

Q. Was he dressed in night clothes, when you saw him in bed? A. Yes, sir.

Questions by the Judge Advocate by permission
of the Court.

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.

Q. 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.

Questions by the Court.

Q. Do you positively know that Dr. Kirksey was there all the time? A. Yes, sir.

Q. Do you know what time Dr. Kirksey went to bed? A. I don't know exactly when he went to bed; I was not in his room, and of course I don't know when he went to bed.

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 was in the house.

Questions by the Judge Advocate by permission
of the Court.

Q. I understand you to state, in answer to the first cross-examination, that your chickens usually crowed at midnight, and that you heard them crow when you went into Dr. Kirksey's room. Did I understand you correctly? A. Well, no, I don't think that was it. I said when I went into Dr. Kirksey's room, I heard the chickens crow afterward.

Q. Did you not state that your chickens usually crowed at midnight? A. I stated I had been taught from my childhood, that they crowed at midnight and daylight.

Q. Then, was not that before midnight, if they crowed afterwards? A. I said I was in his room late at night, and saw him in bed. I didn't say what time. I judged it was about that time, from hearing the chickens crow--about midnight.

Q. How long after you came out of his room before you heard the chickens crow? A. Well, I don't recollect what time.

 

The Commission then adjourned until to-morrow morning at ten o'clock.

McPherson Barracks, Atlanta, Ga.,
10 o'clock a. m., July 8, 1868.

The Commission met pursuant to adjournment.

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 of the 49th page of this day's record, which was, "Do you positively know that Dr. Kirksey was there all the time?" to which the witness yesterday gave for 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 K. Maddox was then duly sworn by the Judge Advocate as additional phonographic reporter to the Commission.

Questions by the Defense.

Miss Woodville Sheppard, a witness for the defense, having been duly sworn, testified as follows:

Q. What is your name? A. Woodie Sheppard.

Q. What is your age. A. Seventeen.

Q. How long have you known Dr. Kirksey, and what relation is he to you? A. I have known Dr. Kirksey four or five years--I don't exactly know; he is my brother-in-law.

Q. Do you see Dr. Kirksey in the courthouse now? If so, point him out. A. I see Dr. Kirksey. (Witness points to Dr. Kirksey, one of the accused.)

Q. Do you live with your mother in Winton? A. I live with my mother in Winton.

Q. What distance is the house you live in from Columbus? A. It is considered a mile and a half from town.

Q. Do you recollect the day of the month, or day of the week, that Ashburn was killed upon-- night of the day of the

  page 86  

 

month or day of the week? A. I do not recollect that.

Q. Do you know where Dr. Kirksey was--the accused--on the night of the murder of Ashburn? A. I know where Dr. Kirksey was.

Q. Where was he? A. He was at my mother's home, in Winton.

Q. How long after Ashburn was murdered did you hear of it? A. We heard it the next day.

Q. Did you hear it in the morning, or in the afternoon? A. I heard it in the afternoon.

Q. When you heard it, what did you say in connection with it? A. I heard that they had--the Yankees had--arrested Mr. Bedell, supposing him to be connected with it.

Q. Did you hear whether or not they were expecting to make other arrests? A. They were making promiscuous arrests, and I did not know whom they might arrest next.

Q. Do you remember whether, at that time, you made any remark in reference to Dr. Kirksey? A. Yes, sir. We were trying to locate the different members of our family, to see where they were on that night, as they were arresting everybody.

Q. Do you mean to say that they were arresting everybody, or that there was an apprehension that they were going to arrest everybody? A. I mean that the apprehension was very great of their arresting everybody.

Q. Was that apprehension that they would arrest everybody, whatever might be their politics, or was it confined to a particular party? A. It was confined to a particular party, because they supposed them to be Democrats--leaders of the Democratic party.

Q. You don't mean to say, or do you mean to say, that that was the reason, or that was what the people thought? A. That was what the people thought to be the reason.

Q. When you tried to locate the members of your family the night before, were you able to locate Dr. Kirksey? A. I was able to locate Dr. Kirksey.

Q. Be particular in stating from what circumstances you were and are now able to locate Dr. Kirksey. A. Dr. Kirksey came home that evening after dark--a little after dark; we eat supper between eight and nine o'clock--our usual hour;

 

Dr. Kirksey stayed in my room--my sister's room, Mrs. Moore's room--perhaps more than an hour after eating supper; he then went to his room; I went up into Dr. Kirksey's room. afterwards--a little while afterwards--and stayed up there nearly two hours, talking to him; I then came down into my room and retired; and some time after midnight I was sent to his room to get some medicine for my sister, Mrs. Moore, who was sick; I knocked at Dr. Kirksey's door; he asked me what I wanted; I told him I wanted medicine for my sister; he got up, struck a match and got the medicine, brought it to the door and put it into my hand.

Q. Please state what you did with that medicine and whom it was for. A. I carried the medicine back and gave it to my sister, Mrs. Moore; it was for her.

Q. Where is your room situated as to Dr. Kirksey's room--how far from it? A. My room is the third room from his.

Q. Whose room adjoins his? A. My sister's, Mrs. Moore's.

Q. Was that the room you went into with the morphine? A. It was Mrs. Moore's room.

Q. Did you remain in that room any time, or did you go to bed immediately as you carried the medicine? A. I remained in the room; did not go to bed immediately.

Q. Can you form an idea of how long you remained in the room with your sister? A. It was more than an hour.

Q. When you were in Dr. Kirksey's room, in the early part of the night, did your mother come into the room or not during the time that you were there? A. I don't remember.

Q. Was Dr. Kirksey up at that time, when you were in his room--sitting up? A. He was lying on his bed.

Q. Had he retired or was he lying on top of the bed? A. He had retired.

Q. What induced you particularly that night to go to his room after he had retired? A. It is a usual thing for me to go to his room every night after he retires.

Q. For what purpose? A. Just merely to be with him and get the news of the day he generally brings at night; he brings them out.

Q. Where was Mrs. Kirksey when you were in the room with the Doctor that night? A. She was in her room--Dr. Kirksey's room.

  page 87  

 

Q. Have they any children? A. She has one child.

Q. Was the child at home that night? A. The child was at home.

Q. Where was it? A. In its mother's room.

Q. Do you recollect whether Mrs. Kirksey and the child, or either of them, were asleep when you were in the room talking to Dr. Kirksey? A. I don't recollect.

Q. Do you remember whether Mrs. Kirksey had gone to bed? A. I don't remember.

Q. Is your house or not fastened up at night? A. Our house is fastened up at night.

Q. Who attends to the fastenings of the house? A. I attend to the fastening of the house.

Q. How are the windows and doors fastened? A. The doors are fastened with bars; the windows are fastened with catches.

Q. Do you look into that thing--the fastening of the house--invariably, or only occasionally? A. I look into it every night.

Q. How are the windows fastened? A. They are fastened with catches.

Q. Do either of the windows in Dr. Kirksey's room open on a piazza? A. He has two windows that open on a piazza.

Q. How high is the bottom of the window from the piazza floor? A. I suppose it is two or three inches.

Q. Do they open down to the floor? A. Nearly to the floor.

Q. If those window blinds were not fastened on the inside would there be any difficulty in a person entering that room from the outside? A. No, there would be no difficulty in entering it.

Q. Would you consider your house safe from robbers if those window blinds were left open at night? A. We have some very bad dogs, and of course noise would be made if any one would attempt to come in.

Q. Why do you fasten the house up? A. We think it more secure to fasten the house.

Q. How long have you been in the habit of keeping the house fastened in that way? A. I can not remember the number of years.

Q. Is it a number of years? A. Yes, sir.

 

Q. Does any one sleep in the room with you--as a general habit, I mean? A. Yes, sir.

Q. Who does? A. At the time my cousin was sleeping with me.

Q. Does any one sleep in the