Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-05-06

prosecution, resuming the right as before 10
introduce the witness If necessary.
The accused stated in reply to the Judge
Advocate that he would offer IN defense the
testimony OF a; F. Fenniek, Of Leonardtown'
on gnsss a.o o. statsd that
would put In evidence the order OF the Judge
Advocate General of April Goth, relative to the
terms OF Lees surrender, and the liabilities OF
TIE accused objected to the opinion of the
Judge Advocate General being Introduced, and
asked that only the terms Of capitulation be
admitted, which request was granted by the
The accused repeated his request of the wit
ness to give all the conversation between him
self and witness at the time OF his arrest.
The court re-afirmed its decision that such
testimony was irrelevant and inadmissable.
and upon the accused insisting upon the point
raised by him, the court was again cleared for
Upon re. opening, the original decision, re-
stricting the evidence Of Sergeant Stuart to
the conversation relating to that between the
accused and Chapman and Read, was reiter-
ated.
The accused proceeded:.'State the entire
conversation, and all that related in II to the
conversation with the soldiers
Witness.-He tthe accused) said in the CON.
yersation, that 1t was all id abolitionism;
that if the abolitionists had staid away there
would have been no trouble, but 1t would have
all been right; that the idea Of q few men as
sembliAg in Washington and prohibiting the
rights of the people of the South, and after the
letting the men 90 home was id humbug;
that the republicans would not rule long, and
by Cd in two years they would show who
would rule. About the time of this CONVERSE
ton a combat took place between two cats, one
OF which was black, and as the latter passed
by them the accused remarked "there goes q
id black Republican,"
Question by the Oourt-Did you make any
re NItnss. Made no ran,v sxcsnt tn saw that
a new harness put on an old horse, or even
ftrnos co him, foa al
very proud.
By the accused.-Did not say had no in
tentIon to do wrong in giving the men money !
Witness.-I heard nothing relative to your
motive for giving the money.
Accused.-Do you not recollect II did
not say that when l gave you the money
witness NO. sir. do not
| Accused Was not the remark about the
| two cats made in testing manner
Witness.-I took 1t to be in earnest, as there
seemed to be brazeness about it, and rigid.
| ness about the arrest There was nothing like
resting took place.
Accnsed.-Was there no one present at the
con yersatiOnl
Witness-There was at times, but at the time
of this con versation there was not.
Accused.--Was not Mr. Maddox present!
Wi.ness-No, sir.
Accused.-Eot the whole time?
Witness.-He was not
Witness Yes; but the same conversation
was rehearsed afterwards when we were
alone Mr. Harris was told by MIR. Maddox
that it was rumored that the two soldiers had
reported him, and Mr. Harris said he did not
know what the devil he was arrested for.
Question by counsel-Judge Crane.-What
then?
Witness.-The conversation then dropped
Counsel-How long after that was it that
the accused spoke about giving the money!
Witness.-About twenty minutes.
Accused.-Do you not recollect said did
not intend to give offence in giving the money
Witness.-No, sir. I am certain 1t was not
said
Question by the Court-Who is Maddox, q
citizen or soldier
Witness.-A citizen: son in law of Dir. Har.
ris, 1t is said.
After some unimportant amendment of the
record, and the repetition OF the announcement
of the Judge Advocate relative to the testi
| mony of the absent cavalry sergeant, and the
evidence respecting the accuseds character for
loyalty, the prosecution was closed, and the
court adjourned till Monday. in order to give
the accused time to prepare his defense.