New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-09
Ninth Day.

Ninth Day.
REBEL SOLDIER BUCKED AND GAGGED foh
THROWING BREAD TO a UNION PRIsoNER-PAR-
TICULARS or THE MURDER OF LIEUT. DAVIS OF
NEw.YORK.
The Court met at 10 o'clock this morning, and
daring the session four witnesses were examined.
TESTIMONY OF J. c. CLARKE.
&c Clarke was sworn-Aged % years. resides IN
Salisbury: before the war resided in Alabama be-
oneed 10 Freemau's Battalion; was stationed oil sans
don't remember the exact date left; there all tie
time large number Of prisoners were there was III
tie hospital part OF the ilme was on guard uu pre-
yious 10 1866 not frequently because was slckiy my
instructions not 10 let one cross the dead he
not TO trade with any OF the prisoners mYte or ao"
any one else 10 trade with them nor to allow any per
son 10 talk 20 them.
TESTIMONY OF THOMAS L. FRALLY.
Thomas Is. Fraley swoIn-Wss in the Rebel service
1864 and ie6j; belonged 70 Freeman's battalion, on
duty at the prison when detailed On water guard ny
Instructions were not TO allow any traoing with the
prisoners allow them 20 get away we took them
to the creek; the the prisoners sometimes hnd
opportunities 10 trade but our orders were not 70 sLo"
them TO trade for anything TO eat OF any tblng ehe
seramiatd-I am not certain that the orders
received were lot 10 allow persons to have communca
ton it'll prisoners mad no Instructions not TO allow
them 10 talk with the citizens; sometimes they did 80
when thew stopped to rest the officer Of the guard de-
lyered these Instructions did not get any such or
ders from Major Gee never got orders rom MAJOR
Gee in person.
b. ht Cowf-Q. Did you consider it against your
orders to allow any to give these prisoners food as
a present when on their way TO get water a i dld
Cyoss-ezdmned-We had tnO direct orders prohibiting
citizens 10 give food 10 prisoners OF war but thought
IL vas against the orders there was nothing there 10
give any way and therefore this question never arose;
saw pies swectDre ana cucumbeis iOf tae; mere
were good many poor women and boys from the town
selling these things perhaps a. many as dozen, but
never saw 10 many at a time
TESTIMONY OF N. b. CBANDlEE.
n Chandler sworn-Was in rebel service: enhtted
frst Of March 1862: lost my Gettysburg; went
10 Salisbury OotobeT2 stayed here m the nth OF No
vember my instructions were not TO allow prisoners TO
s0pad together have ondeIee with them IN
no shape nor manner and not To allow others 70 do no.
the circumstance that caused me 10 leave the prison
vas that IN the habit OF throwing bread tot
prisoners when opportunity admitted was on guard
and was eating and threw some bread TO the prison
ers; was relieved in few minutes and went down 10
camp 10 lay oside my gun the sergeant OF the guard
was standing tnere he said he must tie me down for
two hours. and buck and gag me for throwing that
bread and dsobeyiDg orders then he ued me down for
two hours.
were stationed al Salisbury at that time; think there
were othere but i AN not positivei the prison was
planked up | should say at rough gness. nb0nt 20
feet high. the ditch inside about SIX or eight feet
IRON the paliDgs there were few trees inside the
prison. ward some tents and brick bnilding don't
remember anything else particularly; don't hnow
whether my battalion did the whole guard duty Of the
/ al
was on tho north eide OF the prison near the railroads
the depot was up west Of the railroad was from y 10
100 yards from the depot; had been on duty nearly
two hours when threw the bread went on about
o'clock; don't think either the commissioned officer
OF the guard Of the day saw me tied down nor any
other commissioned officer.
TESTIMONY OF CAPT. JOHN HUTCHIHs.
Can't John Hutchins swOrD-Aged IS; ! wac taken
prfoaer in the all Of 1864, on the Weldon Railroad
held captains commission in the 18th Massachusetts
reached Salisbury the 4th or 9Th Of October am
not positive which and confined there til the 10th;
witnessed the killing Of Lieut. Davis; the officers
were all ont sitting down in rear Of building which
they occupied; the lieutenant was among the rest;
was sitting between two bnildngs something IN the
rear of them; Lieut. Davis near the stocksde; the
officers urinated against this tree; in the act Lent.
Davis shot by the guard the tree stood from ten
10 fifteen feet from the stOckade was forty or fty
feet from the tree the first thing heard was the gum
then saw Lieut. Davis fall, / went TO him among
other officers some Of them carried him the third
building be lay there about half an hours the guard
he reloaded his gun and said something that could
not understand; saw him on the etockade some 10 or
Is minutes aerward; II was customary for the OFF,
GERS go this tree and 10 90 the tt0cfade in
going to the sink q number OF officers were up this
oak after the day before had been at the
stockade below this point or two days previously
but at this place had been warned OF any
dead line near this place. Lieut. Davis belonged 70 The
l55th New York Infantry; az 70 the personal appear
ance Of the young man who shot Davis sbonld Judge
una. DC s,, wa. sSuss man OF year, sge no
thin face; do not know that any Of the prison Off
Gals investigated this matter but request made
by Gen. Hays. fellow prisoner, that the be pun
shed; don't know whether ii was dODe Lieut.. Davis
not compelled TO 60 70 this place where
bis way 10 the sink; don't think that saw Major
Gee about there that day but can't state positively
CrosssrGmined-Q Do you know Of any attempt OF
plot TO escape by the officers. and wbanf A. know
there was an intention among them TO escape " they
could; il was understood that they were be ready
npon being called for know there general plot
10 eecspe the time ard srrangenent were left 10 few
men; We we're organized into three battalions and
were u attack the at three different points, the
kade was 10 be torn down. the guards and troops
stationed there " be overpowered we thought there
was reasonable prospect Of success the general under
standing wac tear Of the boards the batsoIs were
under command Of officers as 10 the character Of the
guards some Of them on the stockade and some Of
them the inside were very good; sometimes they
would smuggle in provisions 10 ne at night but come
Of the guards very bad they would fhoot the first
chance they could gets generally the guards were
worthless soldiers some Of them were orppled they
were ofdiferent ages from a 10 90 did not escape
from the prison and knew nothing positive about Tie