Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-08


august mules
D.. 90 -
! \ transcript Of Burners receiving books from
the 9th to to the 18th Of January 1854 was pro.
duced and sworn to. 1t differs from the order
| book, with reference to the items Of January 10
1t has note Of the receipts of Il mules from Mr.
lsham Henderson, on that day, which the order
! book does not show.
! The witness stated that he had been Oh duty in
! Col. Twins office, and was acquainted with
! Hoges handwriting. The entries on the 10th Of
| July were not in Hoge's hand, but the witness
could not say whose hand they were made in
"A transcript Of the corral receipt book from the
9Th to the It'll Of August. inclusive was then pro-
| duced and sworn to correct. Also a transcript
of the issuing book at Col. Irwins Office from the
9th to the 18th Of July, 1864 was introduced and
sworn to. 1t contained the entry of 4 receipt for
- mules on the 10th and one on the 18th July for
Jos mules. Several other transcripts were pro-
duced and proven but they were only corrobora-
tive of those already referred to.
Gross examination: Mr.. W. B. Phillips was
then called and sworn
Q.-What is yGur name, residence and occupa
ton? A. w. B. Phillips live six miles on the
Louisville and Nashville turnpike: occupation,
frrmer.
Q.-Do you know the accused, Isham Hender
son? If so. how long have you known him? A.
Yes, sir. / have known him since the lst Of June.
1864
Estate whether or not you pastured mules for
Isham Henderson in August, 1861? Answer |
did.
GLOW many fields did you furnish for the
purpose Of pasturing mules? A. Three large lots
and occasionally smaller ones when the mules had
TO be separated.
Q.-Whcn mules were to be sent off early in the
morning to be put into the government service
what was the custom about putting them into a
small lot? A. They were generally put into a small
lot at night. Sometimes received orders from Mr.
Henderson directing mules to be delivered early
in the morning. In this case / generally sepa-
rated them the preceding evening.
Estate whether any mules were pastured on
the Sd Of August. 1864, in the small lot? A. On
that morning one hundred and sixty-two mules
were removed. Sometimes they were reported in
the morning. | don't say 1t was done in this par
tcular case
Q.-Were any of those mules, the ore hundred
and sixty two, returned after they were taken
away? A. l judge not, from my entry. On the
4th, two hundred and thirty-ono ccme in. All
such entries were noted in my book.
Estate whether any mules belonging to Isham
Henderson were taken away on Friday, the jth:
if so, by whom? A. Two hundred and fourteen
males were taken from my field by Mr.. Madison
| cant say to what day of the week.
Q.-Do you know Mr.. J.. r. Madison? if so. do
you know what he was doing in August, 1864? A.
Yes. sir. know him; he was sent there. to my
house, by Mr.. Henderson.
Q.-Mr. Browning returned after he recovered
from his sickness; if So when did he return? A.
lie lid not return.
Q.-Refresh your memory. and see if Mr.. Brown
ing did not drive the mules away every day eK-
cept one from tho LIST to the 9th of August, Mr..
Madison remaining in charge? Objected to by
Judge Advocate. Question was Withdrawn.
Q.-State if you have any data to show that Mr.
browning did not return; if so. what A. | do
not remember that he did return to take charge of
tho mules; he may, though l made no entry of it.
Q.-Do you know Mr. Dwire. and where was he
from June the lst to the 7th of August 1864? A
/ don't know; have no recollection. | believe
that there was young man there. but don't re-
member his name. lie was removed for some
cause.
Q.-Whcre was the next lot Of mules belonging
to Ish9m Henderson, and how many were there in
the lot? A. That was the last lot of mules re-
moved except on the eth Of August, when the
entire lot Of 27j was removed.
Q.-Wcre there 275 mules on hand after the pa
were taken away? A. Yes, sir.
BY the prosecution: Odd you of your own
knowledge know where the mules came from A.
| do not. unless they came from Kentucky.
Q.-Do you know where they went to after ther
were removed? A. don't know; some of them
returned to my pnstures 1 suppose that they
were rejected.
Q.-Were not the mules, the PA. taken away on
the 5th Of August. because Of short pastures? A.
No. sir; the 275 mules were removed then.
Q.-Were any Of the PA mules ever returned to
your place? A. My book don't so state. They.
have been returned to Mr.. Henderson; can't say.
Q-Do you know Of your own knowledge any
mules that were brought back from the corrals be-
cause they were rejected, A. Yes sir, have known
two lots to return rejected They would be taken
out in the morning and brougt back in the
evening.
GLOW long were YOU engaged in pasturiug
mules for Mr.. Isham Henderson during the sum
muir of 1862 A. From June the 9TH to August
the 7th
Q.-no You say that they sometimes took
two lots awry during the day and that it was
not always the custom to separate them the night
bcfore2 4. No sir il was not always the custom
to separate them.
Q.-What time in the day was it on the 81 Of
August when these PA mules removed? A.
have no recollection. They may have been re-
moved in the morning or in the evening.
Q.-Was il in the forenoon or in the afternoon?
4. | have no recollection.
Q.-lIad they been separated the evening of the
4th? A. | have no recollection whether they
were or not. lie brought the largest portion Of
his mules there because my lots were con
structcd that he could separate them in a few
moments.
Q-Doyou remember that any lot Of mules were
received ON ;hc 9Th Of August? \. My books
don't show that such a lot was received.
Q.-Do your books show correctly when mules
were put in. and there number? A. | can't state
as to their correctness. Whenmulcs were received
they were always taken down at once; if taken
away auotc was made Of it.
BY the defense Ifthe accused had put mules
In the first lot on the 9TH of August, 10 take away
the next day. would you not mark them removed
that day, the ith. A. made the entry generally
the day that they were separated.
By the Court DO you know where the 275
mules were taken to that were removed on the
7th Of August? A. I don't know TO my own know
ledge, as | did not 60 with them.
Do YOU know where the PA mules. removed
August 9Th. were taken 20? A. judge that they
came to Nashville ~ they went in that direction.
| cant say positively. bat | suppose they came TO
the Government corral.
Q-Might not the 2l4 mules, removed ON the
5;h of August have been taken t. where the 20
mules were that were taken away on the eth? A.
can't say; they may, after having been reject
cd at the corral have been takan to Mr. lludson's.
Q--Would the mules taken from your lots TO be
sent TO Mr. Hcndcrsons have taken the same
road as If they were going 90 Nashville?
In reply 60 this question the witness have
sketch Of the different roads leading from his farm
10 Nashville and Mr.. lludson's.
Mr. Madison WAS called aud sworn.
BY the lcfcusc: state your name and residence
/ and occupation. aud what was your business in
! July and August, lS64 A. J. r. Madison Is my
| name live in Warren county. Kentucky. and
| at present sm experimenting saw mill. was
engaged in business with Mr.. Henderson at that
! time. Ny du,ics were 70 herd and drive stock.
| Q.-State where you we're from the LIST 10 the
! 9th Of August. 1854 inclusive? A. / was at Mr..
! Phillips most Of the time
o. State whether you had charge Of the stock
/ at Mr.. Phillips? 4. l did.
! o. State whether you selected Mr. Henderson,
stock which was 90 be put into the Government
! service? A. ! did.