Q. On the 16th of April. 1565-Sunday-what time, going by way of Syra ense, did the train leave Canandaigua for New York! A. I do not think there were any trains on Sunday going east, on the New York Central. Q. The train, then, would leave either Sunday night, or Monday morning? A. Yes, sir. Q What time at night on Saturday night-two years ago-do you remem ber! A. I think the last train went between 7 and 8 o'clock. QA party arriving at Canandaigua between 8 and 9 o'clock, would then have to lay over until Monday morning ! A. Those that were going east, until Sunday night, or Monday morning. Q. That register. I understand you to say, you turned over to Mr. Chamberlin. when he purchased you out. How long was that after the 15th of April? A. I think we had male an arrangement before the 15th of April, but I deEvered possession on the 22d of Apri Q. Up to that time, was that book in your possession? A. It was. It is a book that I used. Q. Turning to this book that you call your night book, state to the court and jury what dates are left out from it? what is the last date before the leaves are missing! Q How can you account for the loss of the pages containing the intermediate dates? A. As this book was so near full. Mr. Chamberlin thought it was not necessary to leave it with him, and so this, among other things that I thought would be of no use to him, I just packed up and put away in a woolshed chamber of a house which I had boug it in the village of Canandaigua. It was quite a large chamber, and the children used to use it as a playhouse. They used to get out the books, keep school there, play soldiers, and everything of that sort. That is the only way I can account for these dates being gone. I think it was all right when I put it there. Q. When did you first refer to that book again! A. I do not know that I ever had that book in my hand after I put it there, or ever saw it, until I was notified about coming down here, some two or three weeks ago. In looking among the old books, this was found. Q. Did you find it, or some one else? A. My son and his wife lit a lamp an! went up in the dark chamber after we moved where we now live, and found it in a basket or bex among other books. Q. Did he bring it to you? A. Yes, sir. Q. State whether when you examined it at that time you noticed that that leaf was missing or not! A. I did not until he spoke aleat it. I told him he had better go back and lock among the other papers and books; that it was there somewhere. He went back again and looked and said he could not find anything of it. Q. Would that book. if it were perfect, show who staid at your house on Saturday night, the 15th of April! A. Yes, sir. We kept is for that purpose. Q. It is in the same condition now as when you first found it, or when your sec breaght it on you! A. Yes, sir. Cross-examined by Mr. PIERREPONT: Q. If a person came to Canandaigua on the 15th, which was Saturday, as we all agree, he could not get away from there by railroad until the next Sunday night, could he? A. I think it goes on Sunday night. Q. At what hour? A. I think between 7 and 8 o'clock. Q. And that would be the first opportunity he would have to go, would it not? A. Yes, sir; I think it would be, either east or west. Q. From Canandaigua to Canada, you say there were three roads? A. Yes, sir. Q. Did a lady die in your house on the 15th of April, 1865? A. Not to my recollection. Q Mrs. Wood? A. I do not recollect. Q. Did you know the deputy provost marshal? A. I knew most of the officers there by sight. Q. Did the deputy provost marshal board with you? A. I think he did. Q. Did the deputy's wife die there? A. Not to my recollection. Q. Did the wife of either the provost marshal or his deputy die there on the 15th of April, 1865? A. Not that I recollect. Q. Do you recollect of any woman dying there? A. A Mrs. Bull died there while I kept the house. Q. I mean in April, 1865. A. No, sir; not anybody. Q. I speak now of Saturday, the 15th of April. Were you there at the time? A. I think I was; but I am not sure. I was there in the evening. Q. When did this lady to whom you have alluded, die at your house? A. Six months previous to that. Q. You have the night book, as it is called, there have you not? A. Yes, sir. Q. Did not that night book show who staid at your house? A. That is what we kept it for. Q. And it would show it if the leaves were here, wouldn't it? A. Yes, sir. J. N. DUBARRY sworn and examined. By Mr. BRADLEY: Q. State where you reside. A. Harrisburg, Pennsylvania. Q. State whether you have any connection with any railroad, and for how long you have had it? A I am general superintendent of the Northern Central railroad, and have been for five years and a half. Q. On the 15th of April, 1865, where were you? A. At Harrisburg, Pennsylvania. Q. Can you state from memory-if not, please refer to any record you may have-whether the cars came through from Baltimore to Harrisburg on the 15th of April, 1865? A. I would not like to testify from memory. Q. Well, sir, refer to any memorandum you may have? 772 A. (Looking at a book before him:, The mail train of the 15th did not leave Baltimore, Q. Any other train, and when? A. I notice by the records that there was a train called a fast accommodation train that left at 6.20 in the evening and went to the Relay House at 7 o'clock. Q. Explain; what Relay House? A. The Relay House of the Northern Central road, is where connection is A. Two trains left Baltimore on the evening of the 15th. A. At 2.50. Q. State what trains left Harrisburg on the 15th going north. 9. Was there any possible means by railroad communication, or otherwise that you know of, by which a party leaving here at 11 o'clock on Friday the night of the 14th, could have reached Harrisburg at that time? I mean that day, not in the ordinary course of travel. A. We had no train up on the 15th of April out of Baltimore in the morning. A. The train arrived at Sunbury at 4.35. Q. Between Sunbury and Williamsport your road does not run, I think? A. No, sir. Q. Was or not communication interrupted at that time by broken bridges or otherwise? A. The roads had been heavily damaged by a flood at that time. Q. At Williamsport you take it up again? A. Yes, sir. Q. Give us, if you please, the time when that train would be due at Elmira; and, if you have any knowledge of the fact, the time that it did reach there? A. The passenger train was due to leave Williamsport at 7.20 in the morning. Q. What other time during the day? A. That was the only passenger train running at that time. Q. Then the passenger train leaving Harrisburg at 2.14 p. m. would be due in Elmira, when? A. That train would not have gone further than Williamsport on the Central road on that day? Q. You mean that it could not have gone from Williamsport to Elmira on that day? A. I understood the question to be: "Could the train leaving Harrisburg at 2.14 get to Elmira that night." I answered no; not by the schedule. Q. You have no memory, or no entry, of any special train being run through on that day! A. No, sir. Q. Give us the running time from Harrisburg to Sunbury? A. Two hours and thirty-five minutes. From Sunbury to Williamsport is off my road, and I have no record of that at all. Q. Can you speak from memory? A. About two hours, Q. On that day? A. I have no record of that day. Q. Bat you are frequently on the road, and speaking from memory, you say it was a two hours' run from Sunbury to Williamsport? A. Yes, sir. Q. Then from Williamsport to Elmira ? A. Five hours and a half. Q. That is about ten hours through from Harrisburg to Elmira? Cross-examined by Mr. PIERREPONT: Q. Won't you tell the jury where you were at 12 o'clock at night on the 14th of April, 1865? A. I was, I think, at Sunbury that night; but I cannot say the hour I arrived there. Q. Were you on the train? A. I came from Williamsport to Sunbury. Q. Were you there at about 12 o'clock? A. I think I was. Q. Which way were you running? A. I was coming towards Harrisburg. Q. When did you come to Harrisburg? A. I left Sunbury on the morning of the 15th, about half past seven o'clock. Q. When did you reach Harrisburg? A. About half past ten. Q. How long did you stay there? A. That was my residence; I do not remember my next absence. Q. How long did you stay at Harrisburg at that time? A. It may have been a week; I cannot recollect my next absence. Q. Were you on a train after 10 o'clock at any time on the 15th? A. No, sir. Q. Were you on any train on the evening of the 15th ? A. No, sir. Q. Were you on the 16th? A. I do not think I was? Q. Were you in Baltimore on the morning of the 15th ? A. No, sir. Q. Then you do not know of your own knowledge, or from any memorandum you ever made, what train left Baltimore on the morning of the 15th? A. No, sir; not from personal knowledge, nor from any memorandum I made. Q. Were you in Elmira at 7.20 on the evening of the 15th? A. No, sir. Q. Do you know whether a train arrived at Elmira at that hour, 7.20, on the evening of the 15th, that had come from Baltimore, or that connected with the Baltimore train? A. I do not; I was not at Elmira. By Mr. BRADLEY: Q. You do know, as I understand, that no train from Baltimore could have passed through Harrisburg on the 15th which could have reached Elmira by 7.20 in the evening? A. From the records of the road. Q. Were you on the road yourself? You came down from Sunbury that morning. A. I came from Sunbury to Harrisburg on the morning of the 15th. Q. You were in Harrisburg all day of the 15th after 10 o'clock, and therefore no train could have passed through from Baltimore without your knowing it? A. I would have known it. Q. At what hour in the evening at that time did the train leave Elmira coming south? A. No train at that time left Elmira in the evening coming south. Q. Turn to the 13th, if you please, and see if any train left Elmira, coming south, after 12 o'clock, on the afternoon of the 13th? A. There is no record of such a train. Q. No train leaving Elmira after 12 o'clock on the 13th? Now what time of day on the 13th and 14th did the trains coming south leave Elmira ? A. The schedule called for a train leaving there at 8 o'clock in the morning. Q. Leaving Elmira at 8 o'clock on the morning of the 13th, at what time would the parties reach here? A. They should have reached Baltimore about 7 o'clock the next morning, if the connections were all made. Q. That is, it would take about twenty-three hours to run from Elmira to Baltimore at that time? A. Yes, sir. Cross-examination by Mr. PIERREPONT: Q. Do you say that there was no train running through from Elmira with soldiers on that day? The COURT. Which way? Mr. PIERREPONT. This way, coming south on the 13th. A. I cannot say that there was no train with soldiers. Q. Do you know Mr. Fitch? A. Yes, sir. Q. What did he do there in 1865. A. He moved the trains; he was clerk to the superintendent. Q. Have you seen him here? A. I just now caught his eye. Mr. BRADLEY. Do you mean to say in April, 1865; was not he in Williamsport in 1865? WITNESS. Yes, sir. By Mr. PIERREPONT: Q. He moved the trains, didn't he? A. Yes, sir. Q. You tell the jury that there had been some interruptions from freshets? A. Yes, sir. Q. How did they get along with the trains; did they stop them? A. They did for some time. Q. On the 13th, 14th, and 15th? A. The road was partially repaired, and one train was running through daily. Q. They ferried? A. That was not on my route. Q. Don't you know they ferried? A. I do. Q. Didn't you go over the ferry yourself? A. I did on the 14th. Q. But you were not at Elmira on the 13th? A. No, sir. Q. And you do not know that a train did not leave there with soldiers on it that day? A. I do not. Q. If they had left they could have come, could they not? Q. Won't you tell us whether the trains were running from Elmira here on the time tables at these dates ? |