Question. Did you know any of the others on horesback except Meyers and prisoner?

Answer. Only John Whiteside and Frank White I think.

Cross-examination by the COURT:

Question. Did the defendant go with crowed form the brick-kiln to railroad?

Answer. I think he did. He was at the brick-kiln when I got there and I afterwards saw him on the road.

Question. Did you take any tools with you?

Answer. There were tools in the wagon.

Question. Where did they get them?

Answer. I don't know; they said they got some at Wingfield's, and old man Moore brought some.

Question. What did they get at Wingfield's?

Answer. I understood they got a crowbar and a pick or wedge. I did not see them got. I heard Captain Meyers say they got some of Wingfield's. I have known prisoner one year. He came back from Price Christmas-on furlough he says.

Question. What kind of a night was it that you destroyed the railriad?

Answer. A cold, couldy night.

Question. Did you know at the time Captain Meyers and prisoner had their conversation that you had to destroy the railroad that night?

Answer. I did.

Question. What was it that Mathwes objected doing for which Meyers was going to put him under arrest?

Answer. Only going with him.

Examination by DEFENDANT'S ATTORNEY:

Question. At or before the time this conversation took place between the prisoner and Captain Meyers did you see any tools for destroying railroads?

Answer. I saw a couple of axes.

Question. What kind of tools did you see at the section-house?

Answer. I think they got a crowbar, pick and a good many tools. I could not tell exactly.

Question. Were there any men at the section-house?

Answer. Yes; there were.

Question. Tell whether they went along with you and whether they went willingly.

Answer. They went along.

The evidence is here closed in the case.

This case was here adjourned until Monday, February 3, 1862, grantin at the request of the counsel time to prepare arguments.

DANVILLE, MO., February 3, 1862.

To commission met pursuant to adjournment.

Present: Lieutenant Colonel Samuel A. Homes, president; Captain R. Y. Lanius; Captain A. C. Todd; Captain M. Armstrong, judge-advocate.