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

with Colt ! A. don't know.
Q.-Werc you with him one, two or three hours?
A. / can't say.
Q.-llaye you paper in your possession max
ing you certain promises to give evidence in favor
Of the prosecution? Judge Advocate objected
and said All testimony respecting any promises
Of pardon, etc, was excluded yesterday by the
Court the grounds Of public policy.
The counsel for the defense replied If this
witness is giving evidence in favor of life or lib
erty, his evidence is worthless. Evidence like an
oath, is only good when free from such influences.
The Court was cleared and the objection raised
by the Judge Advocate sustained.
Q-By the defense: When you issued false re-
ceipts did you put them down in your corral
book, and in Burners book? A: put them in
the corral book-kept no other book there
Q.-Were yOG on duty at the corrals before the
9Th Of July, 1864? If so, state when? A. Yes.
sir. / cant state when without refreshing my
memory. 1t was some time in 1868.
Q.-llaye you otstated to Maj. Blackburn and
others that you gave Isham Henderson false re-
cept for lO5 mules, before the 18th Of July 1854?
A. l did not.
Q.-State to the best of your recollection
whether you did or not? A. / cant say when
gave those receipts. Inever thought that would
be called upon with regard to them. | gave him
several receipts in July, but can't say which were
fraudulent.
GLOW many do you mean by several? A. 1t
was not less than two and did not exceed four.
BY Judge Advocate: In what capacity did you
serve at the corrals in 1863? A. As corral clerk.
Q-Was there any difference between a false
receipt given for mules and genuine one in ap-
pearance2 A. No, sir, none whatever.
Q.-Was there any difference between a false
entry on the corral book and genuine one, in
appearance A. No, sir.
Q.-You stated yesterday that your testimony
for the prosecution was given under threats or
promises Now state whether or not you volun-
tarily made the first proposition to disclose
what you knew Of this transaction? A. Yes sir,
did.
Q.-Explain all about the $4,000 receipt-how
you come TO think that it was that sum, and what
induced you to change your mind?
Objected to by the defense, for the reason that
there is nothing in the record to show that there
was So 600 or $4,000 receipt given to the accus-
cd on the contrary the witness in this trial
that he gave no such receipt; but denies every
thing in connection with it.
The Judge Advocate withdrew the question.
By the Judge Advocate: You stated yesterday
that you did not state TO Captain Voris. Major
Blackburn, Colonel Thurston and others that you
had given a false receipt for l62 mules, valued at
$4,000; and that in your original notes to Captain
Noris you stated that it was for 9S mules-now
state what did you say to Major Blackburn, Col.
Thurston, Captain Voris and others about the
number of mules and their value? a. / believe
that / told them that il was for % mules and that
their value was between $4,000 and $4,000.
That is about all remember Of saying.
Q.-State whether or not you had any CONVEX
sation with these parties regarding the receipt
for 300? If so state fully and explain all about
it in connection with the receipt for 9S mules?
A. | went to Capt. Otis Office one evening and
examined the corral books and after trying to re-
collect. and refreshing my memory, Remembered
that | had not given Mr.. Henderson receipt for
S2}ODO but receipt that had given him prior
to my going home in July, and which still re-
mains unsettled between us, in connection with
the receipt that gave in August for ninety eight
mules, amount ting to some $4,000 l made this
statement to this question. and asked Captain
Voris to allow me to explain it.
GLOW do you mean to explain it and where?
A. To the court. 1t was to be explained when
the Bruucr ease came up, Captains Voris and Otis
told me.
Counsel for the defense objected as follows: The
accused here objects to the last statement Of the
witness going upon the record for evident
The court will now see why | am obliged to. stop
the witness in the middle of his testimony before
he makes such outrageous statements.
The Judge Advocate replied. that the witness
had perfect right to explain his former state
ments.
The objection was oyerrulcd.
By Judge Advocate; Explain the conditions
upon which you were to use Mr.. Burners name
in the letter yesterday? who gave you permission
to use his name? A. Mr.. Bruner gave me per-
mirson. The understanding between he and
was. that he was not to give me the $4,000, but
he allowed me to use his name. thinking that il
would give a better tone to the letter.
BY the defense: When did you tell Thurston
that il was for gS mules, and the value $4,000 or
Sl5O1o2 A. can't exactly remember the day,
but believe that it was the day that | saw the
corral books
Q.-Whcn did you examine the corral books
what time in the day? A. In the evening after
supper.
Q.-Rcircsh your memory and see if it was not
the night Of the same day that Col Irwin testified
that the entries of the 4th of August was in your
hanu -Mlllihg- a g. eAIs ntlltNtlt WY
BY Judge Advocate: Did you ever see these
books before that time since leaving the corrals?
A. Ne, sir.
BY the Court: Was there proposition made 70
you by the accused 10 make false receipt for "
mules? A. don't recolloct.
Here the examination of lloge was concluded
when W. }. Colts was called AID sworn.
by Judge Advocate: State your name and resi-
D a. 1. A,v
giuia.
q. Where were you employed IN July and Au-
gust. 1854? 4. Working tor Lieut. Stevens, in
Nashville, Tennessee.
q. Are you acquainted with Geo. Mckay Hoge?
! II So how long have you known him? A. / am,
aud have known him for about 10 or Is years.
Estate whether OF not you accompanied Mr..
/ Hogc TO Mr.. David Hcndcrson's stable? If SO,
! who did you see. and what was done? A. | did
/ not 90 TO the stable with him; 1 went down the
/ street opposite the stable with him. lie crossed
/ over and met Mr. Isham Henderson at the stable
/ door. AMER talking together = few moments
/ they went into the stable.
Q-Nou say Mr.. lloge come cut Of the stable
at that time: did he have any money, and how
much. and what did he say? A. After coming cut
of the stable ne came across the street 10 where
] Vas anu We MAlhtu uH lut sN4'N'. ~ ""''NN'
me some money. and counted it. lie said that
he had got il from Mr.. Isham Henderson. There
I were ten one thousand dollar notes.
Q.-About what time in August was this? A
| Between the 9th and 10th.
Q.-About what time of day. if you remember?
4. | can't remember exactly; it was in the even
ing.
Q.-po you know anything about Mr. Mckay
Ho-c's circumstances, in a recunisry point OF
view. before you came TO Nashville! If 80, wha
were thew A. | never knew him 20 have any
money.
Q.-was he worth any property A. Not that
know Of
Odd you ever have any conversations witt
Iloge in reference 90 his giving fraudulent re
ceipts for mules 10 Isham Henderson, prior Il
your summons here as a witness? IL so, stat
these conversations? Objected TO by the counse
for the defense. He said; Hog is here 10 swea
20 the Court what he did. anN his statement Il
Others amounts TO nothing. Were HoEe on tria
the evidence that he bad given fraudulent re
ccipts would Of course be admitted by the Court
but we submit that il could not be done in thi
ease.