The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-20

tue pun pose. 4hebe parties were under tn
charge Of Mr.. Bruner as superintendent o.
the corrals. Some Of the men he employed
were paid by the month, and others so
much per head for animals recovered. The
latter mode was suspended for some time
owing to the fact that many animals were
stolen from the corral and trains and then
brought back for the sake Of the reward.
The mules thus picked up were reported at
the end Of every month by Mr.. Bruner.
stampedes Of mules we're of frequent &C.
currence, but witness did not, remember
any particular instance. Large numbers of
mules were lost in this way at different
times. The clerk who destroyed the re-
ceipis given for mules after the purchase
was made in witnesses offi,e. Vouchers
were issued upon the receipts backed by the
consolidated reports made each day. These
! consolidated reports have been either lost or
destroyed. Statements Of mules shot,
strayed or stolen, were made weekly or
monthly.
Cross-examined by counsel for defense
A statement of all Government animals
furnished Bruner during the time he was
superintendent Of eorrals is shown by CAB
stract B." At the end Of each month the
prisoner was required, as far as possible, to
make count Of all stock on hand, but the
exigencies of war made any regularity in
this respect practically impossible.
In 1864 the Department had stock con-
stantly in motion all the way from St. Louis
and Cincinnati TO Atlanta. The weekly
and monthly reports OF animals lost, shot,
strayed or stolen under the prisoners
charge, are now consolidated on "abstract
l." in Witnesses Office. No accurate count
Of stock could be taken oftener than once
quarter. All losses by stampede were re-
ported to witness by Mr.. Bruner. The
stock were so much scattered that reports
were frequently not made for three weeks
after they we're lost, and could not be made
in the daily morning reports.
W. Mckay Hoge was next sworn. Resi-
des in Henry county. Had known accused
about three years. During the Summer and
Fall Of 1864 was employed under Mr.. Bru-
ner. In the early pert Of that year was
also in Col. Twins office. Left the latter
at Mr.. Burners solicitation. Witness told
Mr.. Bruner that he owed some debts in
Virginia and would like TO pay them. Mr..
Bruner said he would assist him TO pay
them if he would come and work in his
Office, and would let him have $4,000 or
S. 900. Prisoner wanted witness to act as
his clerk, and go to the mule corral, which
witness did.
The duties Of clerk at the corral were TO
keep an account Of the means Of transPor-
tation received and issued there.
While employed at the corral witness
made out all the receipts for mules received
by purchase; could not state positively that
any false or fraudulent receipts were given
by Mr.. Burners orders.
The Judge Advocate desired witness to
state all the circumstances connected with
fraudulent receipe for mules, given to viii
Davis some time in July or August, 1864.
To this the defence submitted the follow
ing objections:
Ist. That, as the witness, in answer to the
last question, has stated that be knew Of no
/ false receipts being given with the know
ledge or consent Of the prisoner, the ques-
tion proposed now relates to q false receipt
given to VIM. Davis, and does not seek to
know if the same was given with the know
| ledge and consent Of Bruner.
"That Davis is not on trial, and that no
testimony affecting Davis that may have
| occurred between Davis and other parties
than the prisoner, is not admissible"
To which the Judge Advocate replied: ait
is alleged that a conspiracy exists. The &C
cused and witness being the conspiratOrs.
should that conspiracy be established, the
act Of witness, as one Of the conspirators,
binds the whole. It is in proof that ac-
cused promised witness 10 make it pay
him six or eight thousand dollars, provided
| witness would come and clerk in the office
Of the accused, which proof tends 10 es-
tablish the existence Of the alleged con-
spiracy, and it is held 70 be competent
proof to introduce evidence as TO false re-
oeipts given Davis by any one Of the par
ties concerned, both in establishing the ex-
istence Of the alleged conspiracy and in
support of the 18th specification Of the ID
charge.
The defense replied: Mr.. Davis is not
charged as one of the conspirators, nor can
there be a conspiracy proven on this trial
unless prisoner is connected Herewith.
Nor is there any proof in the record
showing that at the time sreoeipt was given
TO Davis, Cif any ever was given,) that a
conspiracy had previously existed or vas
then in existence"
The court was then cleared, and, after a
brief consultation, the objection made by
the counsel for the defense, was overruled.
Witness continued--Mr. Bruner came
into the coral Office and told witness to give
q receipt to Win Davis for some mules.
Some persons, witness did not remember
who, were in the Office and ssked if those
mules had been brought in that day. Wit
ness told him he thought they were. He
said they had not seen anything Of them.
Mr.. Bruner was not present.
The defense objected 10 the answer Of the
prisoner as giving . conversation between
witness and an unknown person when the
prisoner was not present.
The court was again cleared 70 consider
the objection, and afters brief consultation,
the objection was overruled, and the wit
ness was directed to continue his statement
in his own way.
Wisness made out the receipt that even
ing and gave it to Mr.. Bruner, who handed
il to Mr.. Davis. Supposed that the receipt
called fer Is or 50 mules-did not know ex-
actly how many.
MIR. Bruner called Mr.. Davis cut from his
(Davis) stable and told him there was a pa
per which belonged 70 him. Mr.. Davis
turned around, laughed, and went back.
While witness was clerk at the oorrsls,
be saw 8 great part Of the mules delivered
by contract. sitting in front Of his Sfiee,
he could see them put through tie "shute- -
Could not state whether the mules for
which the receipt was given 70 Mr. Davis
were delivered.
Nc other receipts we're given that day
Did not remember that any mules were re-
ceived Is thecorral that day. Mules might
, have come in without my knowing. Mr.
Rruner came into The Office one day ans
: handed me s6.OOe, saying, "there's tina
. moBev." Witness understood this 70 be IA
; money The sesusea had promised 70 !oa'