Specification 5. - In this, that the said Thomas S. Fostter did on of about the 10th day of July, 1861, by this presence, counsel and advice aid two or more persons unknown in the destruction of two or more railroad cars then stationed at or near Hunnewell Station on the line of the Hannibal and Saint Joseph Railroad, said railroad cars forming and being a part of the rolling - stock of the Hannibal and Saint Joseph Railroad Company, This withiin the Military District of North Missouri.

JUDGE - ADVOCATE. Thomas S. Foster, you have heard the charge preferred against you; how say you, guilty or not guilty?

To which the accusedd, Thomas S. Foster, pleaded as follows: " Not guilty. "

CELIA ARDINA RHINO, a citizen, witness on the part of the prosecution was duly sworn.

By the JUDGE - ADVOCATE:

Question. Where do you reside?

Answer. At Hannibal in this State.

Question. Do you know Mr. Foster?

Answer. Certainly.

Question. State to the court what you know of the prisoner in relation to the burning of Salt River bridge.

Answer. I saw the bridge burned. I saw them burning it and I saw the train on fire. When they came nearly opposite where we lived I saw the body of nem, and perhaps they night have come to the house. I did not see Foster there at all; it was too far off for me to tell one from another.

Question. You can't swear under oath that you saw him there?

Answer. I cannot.

Question. Did he come to our residence on that evening?

Answer. If he I did not know him. There was a gentleman came to the house for an ax.

Question. You do not recognize him as the person who came for the ax?

Answer. Not at all for I knew Doctor Foster well.

Question. Have you a daughter?

Answer. Yes, sir.

Question. Was she at your house?

Answer. Yes, sir; she was at home.

Question. Who else was at your house?

Answer. My daughter and my son - in - law.

Question. What is the name of your daughter who was at home?

Answer. Smith is the daughter I was living with at the time.

Question. Where is she now?

Answer. She lives in Hannibal.

By the COURT:

Question. Did you know any of the parties at all that were engaged in burning the bridge?

Answer. I did not. I was not close enough to tell whether I knew them or not.

Question. How far is your house from the bridge?

Answer. About a quarter of a mile. I could see them plain but could not recognize them.