ery City. I think the prisoner did not belong to Meyers' company. I belong to Meyers' comany. I saw defendant once at our mettings in Laile's pasture. This was the evening of the night the railroad was torn up. From Laile's pasture to where Mathews lives it in some twelve or fifteen miles I think. He went along with us down to the brick-kiln of Wingfield. There were somewhere between twenty and thirty of us. All were ahorseback. There were four or five guns along. The men belonging to the company were mostly citizens belonging to the country of Montgomery. I do not know that he had been to Price's army. I have heard him say that he was with Price frequently since we have been in prison. I don't know when defendant got back form Price. I first saw him at Laile's pasture the evening of the night the railroad was destroyed. I have heard Mathews say that he is home on furlough. He says that he has forty days' furlough. I have never heard him say when his furlough would be out and when he would go back. I have heard him say that he never intendend to go back but I never hear him say when his furlough would be out. I do not know how long he enlisted for. He said that he enlisted under Price for six months. Mathews lives with his father. He says when he came he went to his farther's house. I never saw him at his farther's house. We started from Wingfield's to railroad about dark; we had to go four miles to railroad. I don't remember of seeting defendant with us on the march. I saw him on the railroad and I think he was with us. I did not see him at work; he says he held horses all the time and stood picket together. Meyer's company divided and separated at Laile's pasture. My squad went to Wingfield's and the other went to the railroad. We divided for the purpose of commencing on the road at different points. They had tools for the destruction of the road. I saw axes and mauls. I suppose the other squad had tools but I did not see. Some meuls were made at Laile's pasture and axes were there; some of these tools were taken by our squad and some by other. I do not know that we got any tools on the way. When we got to the railroad we dismounted and went to work and destroyed the railroad. Our company tore up the road in three or four places. When we got to Wellsville some of the boys fired the depot and then we went back to Montgomery Cityndant at Wellsville. He came back as far toward Montgomery City as I did. I think the defendant afterward came back up into the neihghborhood of Laile's. I think he did not belong to Meyers' company. I saw not one but Mathews who did not belong to Meyers' company assist in destroying the railroad. The other squad of which I spoke me us two or three miles below Wellsville. They came down the railroad from Wallsville. I think we tore up the railroad on Friday.

Cross-examination:

Question. Do you recollect certainly of seeing the prisoner between Laile's house and the brick-kiln?

Answer. I do not.

Question. Do you recollect seeing him at the brick-kiln?

Answer. Can't say whether I saw him there or not.

Question. You said on your examination-in-chief you were not certain which squad he was in.

Answer. I am not certain.

Question. How do you know where to other squad went?

Answer. I know they went on the road because I met them.

Question. Did you mention [notice?] the persons particularly at Laile's pasture?

Answer. I did.

Question. Did you notice whether he was under guard then or not?

Answer. I did not see him under guard; he might have been before I got there.

Question. Did you hear Meyers say he would arrest all persons who would not go with him?

Answer. I did not hear him say so.

28 R R-SER II, VOL I