to military or civil law; that was not needed; that a people were unworthy to be freemen who would submit to such encroachments on their liberties. He was then speaking of the conscription act. he said he believed the Administration was attempting to erect a despotism; that in less than one month Mr. Lincoln had plunged the country into this cruel, bloody and unnecessary war. He stated that General Orders, Numbers 38, was a usurpation of power; that he despised it, spit upon it and trampled it under his feet, and that he for one would not regard it. he styled the officers of the Administration and the officers of the Army as minions of the that he said he did not ask Tod or Lincoln or Burnside whether he might speak as he was doing and had done; that he was a free man; that he spoke as he pleased and where he pleased. He said that proclamations and military orders were intended to intimidate the people and to prevent them from meeting as they were then that day doing; that he claimed the right to discuss and criticism the actions of civil and military men in power. He advised at the close of his speech to come up together at the ballot-box and hurl the tyrant from his throne. In one part of his speech he styled the President as "King Lincoln. "

Cross-examined by the ACCUSED:

Question. Did you make any notes at all of my speech or are you testifying solely from memory?

Answer. I took no notes at the delivery of the speech but after pendleton commenced speaking went to the hotel and made minutes. I made those minutes an hour and a half or thereabouts after I heard the speech.

Question. About what was the length of the speech?

Answer. I think about an hour and a half.

Question. You speak of my saying the North might be won back. Was it not that the South might be won back, her rights being guaranteed under the Constitution?

Answer. No; I noticed this particularly. It struck me very forcibly.

Question. You say that I said that I would not counsel resistance to military or civil laws. Did I not expressly counsel the people to obey the Constitution and all laws and to pay proper respect to me in authority, but to maintain their political rights through the ballot-box and to redress personal wrongs through the judicial tribunals of the country and in that way put down the Administration and all usurpations of power?

Answer. He said at the last of his speech to come up united at the ballot-box and hurl the tyrant from his throne. I did not understand him to counsel the people to submit to the authorities at all times. I do note remembers the language as stated, but part of it I remember.

Question. Did I not say that my authority to speak to the people in public assemblages on all public questions was not derived from General Orders, Numbers 38, but from General Orders, Numbers 1., the Constitution of the United States-George Washington commanding?

Answer. I understood him to say that his authority to speak to the people was higher than General Orders, Numbers 38, by that military despot Burnside. It was Orders, Numbers 1, signed Washington.

Question. Were not the words "Tod, Lincoln, and Burnside" used, and that I did not ask their consent to speak?

Answer. He did use these words at one time.

Question. Were not the remarks you say I made about spitting and trampling under foot expressly applied in reference to arbitrary power generally, and did I not in that connection refer to General Orders, Numbers 9 in Indiana, signed by General Hascall, denying the right to criticism the war policy of the Administration?

Answer. The remarks in reference to spitting upon, &c., were made in direct reference to General Orders, Numbers 38. He some time afterwards in speaking of the

41 R R-SERIES II, VOL V