Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1864-10-27

| against the Government of the United States,
/ be can now claim protection as to anything be
may have said himself because it may tend to
criminate him: 1t is also question, whether
having testified to the general criminal purpo-
ses of the Order, be is not compelled by the
| rules of evidence to go forward and answer
every question about the Order, aud whether
he is not now compelled TO 20 forward snd..an-
swer every question about matters connected
with it, which are within his knowledge. If
he had claimed the protection of the law, in
the first instance in his examination-in-chief,
he would now be protected from answering
any question tending to criminate himself
But having answered without reserve or quail
fcation in the examination in chief he cannot
now shrink from any development about the
character of the Order and its reasonable de-
signs which he may have knewn. He asked
the Court to settle that question against the
witness who refused 10 answer his question.
| The Judge Advocate replied that there was
no question at issue before the Court, between
the accused and the Government. He would
here say to the witness that as the Government
had made him a witness, it would protect him
against any prosecutions upon admissions made
in his evidence. He would not be injured by
what be might admit in testimony in this case.
He should answer the question by the accused,
| fully and entirely.
| Q. The question asked you, was, as to your
correspondence with members of this Order or
Others from the South, with regard to rendering
assistance to the Southern rebellion. You may
state what interviews you had with them your
SELF
A. | cannot say that have had any direct
| interviews with men coming from the South on
that business. have talked with some persons
/ from the South.
Q. You may state what they said to you, and
what you have said to them, on this point.
A. | have been asked by men who said that
/ a = - - =.
if we bad any intention to assist them in case
they came over into Illinois
| q. WE'LL what did yen tell them?
A. That | presumed a great many would,
and some would not, assist them.
| Q. What did you say you would do?
! A | did not tell them whether l would
help them or not.
| Q. Did you give them to understand that
you were one of the persons who would help
them?
A. did not, sir.
O. Did this man say he was opposed 10 the
Government?
A. He said that he belonged to the Confed-
crate army, and was fighting t. establish the
independence OF the Confederate Government.
| Q. Did you take any steps To deliver Lin
up 10 the autherities2
A. ! did not
| Q. Why did you not deliver him up to the
Government authortiesl
| A. | did not consider it my business to do
it but to let him alone.
Q. Now, wish TO ask you what you would
have done if the rebels bad come into Illinois?
| The geustion was objected to by the Judge
Advocate, and Withdrawn.
| Q. What did you resolve TO do, in your So
ciety or Council. in case of any invasion from
Missouri by the rebels?
A. | do not think that our Temple ever
passed any that they would assist the South
Q. Did you take any action in your Temple
on that subject?
| A. There was no resolution passed on that
subject
Q. Did you keep any record when you pass
ed any reasonable resolutions?
A. We kept no record of such transactions.
@: Did you not keep record of your pro-
ceedings?
a. presume the Secretary kepta record of
the matters which related 10 the military fea-
lures of the Order as we'll as of other matters
bat never examined his record.
Q. What action did the Order take about
meeting the South on friendly terms ii they
came over into Illinois?
A. That matter was not acted on in the
Order, out was a mere understanding between
ourselves.
O. Was it general understanding amongst
members of the Order?
A. 1t was, so far as my knowledge ex-
tended.
Q. Then understand you to say that this
general understanding was not in sny way ex-
pressed in your records2
A. Ii was not, to my knowledge.
Q. Were there any votes taken on it in the
Order2
A. Not that I know of. There had been
votes taken in the Order on the question of re-
sistance to the CONSUMPTION or draft, ifone was
made.
Q. What votes were taken in the Order
i - A. -
uois ard shaking hands with them.
A None that l know of. We only talked
of it in our meetings. No act was passed in
the Grand Council OF the State, or in the
Temple, To that effect
Q Is their anything in the Ritual of the
Order to that effect?
A. consider there is in the obligation of
the first degree.
Q. What is there in that obligation to re-
quira you to help the South?
A. am not an educated nan, and wish the
Judge Advocate to read it?
Toe witness then pointed out in the obligs-
ton of the first degree of the o. A. X, the por-
ton he, desired read, commencing with
the word: That will at all tlmea" &c The
obligation passed to the Counsel for the
accused. who asked:
Q. This portion you consider then pledge
that you will rally against your Government,
and assist the Confederate Government
A Yes, sir.
The Counsel TO. the accused then read the
following:
II do further promise, that I WILL at all times,
il need be, take up arms 10 the cause Of the OPP
pressed-in my country first of all-against any
monarch, prince, potentate, power, or govern
ment usurped, which may be found 10 arms,
and waging war against a people or peoples
who are endeavoring to establish, or have in
sugurated Government for themselves of their
own free choice, in accordance with and found
ed upon the eternal principles of truth, which
have sworn in the V, and now in this
presence do swear, to maintain inviolate, and
defend with my life"
Q. What did you consider you had sworn to
maiatain inviolate?
A. ! considered that obligation bound US to
assist the South, as they were trying to free
themselves and form a Government of their
own free choice. felt that that obligation was
that way.
O.. Do you still hold that this obligation is
binding on you?
A. have taken it on myself and consider
that it is
Q. You are sworn to help the South then,
are you?at
A. That is the way read the obligation.
Q Were the army, then, that you were or
ganizing, and the men under the control of the
Order, all bound by this obligetion2
A. / do not know, of my Ofmy own knowl-
edge that they were.
Q Had all these men who were drilling
taken the vestibule degree obligation?
A. do not think they had, sir.
Q. Some Of these men who were drilling
were not members of the Order?
A. They were not all of them members.
Q. Did they know of the gensrsl purpose of
the organization drilling, and that it was in
81 oh