the court [commission] the president thereof administered to the acting judge - advocate the oath prescribed by the Sixty - ninth Article of War, the prisoner being present while the oaths were administered.

To the first charge George M. Pulliam, the prisoner, pleads not guilty.

To the third charge George M. Pulliam, the prisoner, pleads guilty.

LEMUEL L. SIMPSON, witness introduced, being duly sworn pursuant to the Seventy - third Article of War is examined as follows:

Question. Did you make the arrest of the prisoner?

Answer. I was along when it was done.

Question. State all the particulars.

Answer. I don't know exactly where it was done bu when we me him he had a gun that was loaded. He looked at us a bit and he said would we treat him as a prisoner of war? Major Linder said he would. He said he was in the fight and when he was caught he was trying to shoot a lieutenant. He was behind a fence. Some person shot at him and hit him in the hat and grazed his head.

Question. How har was it from the battle you arrested him?

Answer. I don't know; it was not a great ways though.

Question. How far from the railroad?

Answer. I don't know that.

Question. What time was this arrest made - on Saturday?

Answer. I think it was; yes, sir - Saturday.

Question. Did you hear him make any expression as to the burning of the railroad property?

Answer. No, sir; I did not.

By the PRISONER:

Question. I would like to ask if he did not hear me say to the major if he did not treat me as a prisoner of war I would not surrender?

Answer. I did not hear you say so.

Question. You just stated that I asked him if he would not treat me as a prisoner of war.

Answer. That you would run you said.

ADAM GOSLING, witness introduced, having been duly sworm pursuant to the Seventy - third Article of War is examined as follows:

Question. Do you recognize this man as one you saw at Sturgeon?

Answer. I can't say I saw him at the station of Sturgeon; I saw him in camp.

Question. Did you have any conversation with him?

Answer. No; I had this morning.

Question. When were you in camp?

Answer. After the bridge - burning.

Question. Do you remember seeing this man at the burning of the bridge?

Answer. No, sir; I do not.

To PRISONER:

Question. Where do you live?

Answer. In Oregon, Holt County.