Q. Prior to that?

A. Yes, sir; it was in the year 1864.

Q. The raid took place prior to the time you got the commissions?

A. Unquestionably. There would have been no occasion for me to save their lives if it had not.

Q. How long prior to the raid did it take place?

A. I think I told you the raid took place October 19th.

Q. These commissions you received the following February?

A. The commissions that I brought were the commission of an officer and an extract from files in the war department that the other men were regularly enlisted soldiers in the confederate States army.

Q. My question is, how long after the raid did you get these?

A. I told you I left the 14th of January, and that I arrived in Richmond February 1; that I received them on the 3d.

Q. And the raid occurred in 1864 ?

A. Yes, sir.

Q. Now, did you tell this gentleman (Dr. McMillan) that these commissions were dated back?

A. I do not think I could have done so, because, in the first place, they were not commissions. There was a commission for one officer, and the others were

testimonials of private soldiers.

Q. Did not you tell him that these testimonials were dated back?
A. No, sir.

Q. Did not you tell him that you dated them yourself?

A. Never, sir; it is a falsehood.

Q. Did you tell him anything about it?

A. I have no recollection of any conversation on that subject.

Q. On the subject of the papers?

A. We may have spoken of my bringing the commissions.
Q. Did you?

A. We did, I think.

Q. Will you tell me what you said to him about it?

A. I said that it was stated in the evidence in Canada that these papers were "cooked up," but that I had received them from the hands of Mr. Benjamin. Q. When you received them from the hands of Mr. Benjamin, what did you do with them?

Q. For what purpose?

A. To prove their identity as officers of the confederate States army.

Q. To save these raiders?

A. To save them from extradition-to show that they were my brother sol diers.

Q. You wanted to prevent them from being delivered to the United States ? A. Yes, sir; and I think the United States are now very glad that they did not get them. They are more humane now than they were then.

Q. That was the reason you took the papers to Canada?

A. It was: they were my brother soldiers, belonging to the same command

I think there were very few traitors in the confederate army.

Q. When you got back on that commission, while on detached service, or as chaplain, what then did you do?

A. I requested to be sent back to the confederate army.

Q. Did you get back?

A. I started and was on my way when I heard of the arrest of President Davis Mr. Davis.

Q. You were on your way where ?

A. On my way to Halifax; intending to go via Matamoras to Texas.

Q. What then did you do?

A. I remained in statue quo.

Q. Where did you remain ?

A. I have lived the last two years at a little village near Quebec, with the exception of the time I was in Europe.

Q. Was it before or after this raid that you made testant faith and became a Catholic?

your renunciation of the Pro

A. Some three months before; I went for this purpose; I was in conversation with a Catholic bishop in regard to the change.

Q. Did you make your renunciation of Protestantism before or after the raid? A. Unquestionably it was after; it was on the first of May.

Q. Have you been studying for the ministry since?

A. No, sir; I have a wife and three children.

Q. Are you studying for it now?

A. No, sir; I am engaged entirely in literary pursuits. I am writing this book of which I have spoken, and of which I have promised a copy to the gentleman.

A. It means a man who is willing to risk his life in any position for the cause in which he is engaged.

Q. I think that is a very good definition. You were willing to risk your life in the secret service?

A. I have performed that duty several times.

Q. And you did risk your life in the secret service?

A. I have risked my life many times.

Q. Where do you live now?

A. I reside near Quebec, at St. Michel.

Q. Where is that?

A. Fifteen miles from Quebec.

Q. Are you in any occupation except writing this book?

A. That is all. I have been professor.

. Professor of what?

A. Professor of language and of music.

Q. What language?

A. When I was in Paris, of the English language, my native language, the one I understood best.

Q. You are professor. You are not professor of French?

A. No, sir; I understand the French.

Q. You were teaching-that is your occupation?

A. Yes, sir; to earn my subsistence when I was away in exile.

Q. When did you reach Liverpool when you went over on the Nova Scotia ? A. We were nine or ten days on our passage.

8th of November, 1865.

It must have been the 7th or

Q. Before you got over there were you in the band of Moseby at all?
A. Never. I do not think I ever saw Moseby.

Q. Were you in Morgan's band?

A. I was. I was his chaplain.

Q. What was his business?

A. He was a confederate general of cavalry.

Q. His band were pretty well known, were they not?

A. I believe he was regarded as a man of a good deal of daring.

Q. Were you with him when he made his raid into Ohio?

A. No, sir; I was not connected with the command at that time.

Q. When did you become connected with Morgan's band?

A. When I returned to the confederacy, after I was a prisoner, I was appointed to his command.

Q. How long were you a prisoner?

A. Three months.

Q. What prison?

A. Carroll prison, in this city.

Q. What were you put in there for?

A. They captured me in crossing the Potomac, one night.

Q. Did you tell them you were a chaplain?

A. They were aware of that; I had religious books with me when I was captured, and they confiscated them.

Q. Did you make known to them your religious character at that time?

A. I never made any professions of my religious character.

Q. Was this Morgan the man who was called "Guerrilla Morgan?"

A. His enemies so denominated him.

Q. Then we know who the man is. When you got over into Europe, how long did you stay there?

WITNESS. (To the Court.) Am I obliged to answer all these questions in regard to my private business?

The COURT said the question was a proper one.

A. I resided in Europe eleven months.

Mr. BRADLEY reminded the witness the Court had already told him he need not answer any question affecting his position in society.

The COURT said the witness might decline to answer anything that put him in danger of indictment or would tend to degrade him.

WITNESS. Then I am ready to answer everything-any question that may be proposed.

Q. Where did you go?

A. I arrived in Liverpool and remained there a week or two. When I left town I transferred myself to Paris.

Q. Did you see Surratt there?

A. Yes, sir; I saw him in Liverpool. I went to see him.

Q. Where else did you see him?

A. Never anywhere else except in Liverpool, and only twice there.

Q. You did not give him any money in Liverpool?

A. No, sir; I had none for myself.

Q. When you arrived in Liverpool, did you go to see this gentleman, (Dr. McMillan)?

A. I did the following Sunday, I think it was.

Q. Will not you tell these gentlemen what you told him about Surratt?

A. I think I said to him, at that time, that the award for the arrest of Surratt had been withdrawn, or that I had heard such a report. I knew he was after that. I suspected him, and I told him this and found out the place where he was staying for that purpose.

Q. That is what you told him?

A. Something to that effect.

Q. Did you tell him that Surratt was the greatest scoundrel Been ?

A. No; I do not think I ever said that of Mr. Surratt. I did say before I had heard any explanation what I thought of Surratt not going forward to aid his mother during her trial, and Dr. McMillan defended him, and said Surratt was kept in utter ignorance of all that was going on.

Q. My question is whether you told Dr. McMillan in Liverpool that Surratt was the greatest scoundrel you had ever known, or words to that effect? A. No, sir; I could not have said that.

Q. Did you say it?

A. I could not have said it.

Q. How often did you see Dr. McMillan in Liverpool?

A. I think only when he gave me his address.

Q. Did you call to see Dr. McMillan ?

A. I called to see him for the purpose of informing him that this offer of award for the arrest of Surratt had been withdrawn. I thought his appetite for money might stimulate him to search after Surratt.

Q. And you did not want Surratt searched after?

A. I regarded him as innocent even before I had heard any evidence.

Q. I ask you if you did not want Surratt to be concealed and not searched after.

A. I think no Christian man wants an innocent man persecuted.

Question repeated.

A. I am not a man to sell another man's life for money.

Q. Do you understand my question?

A. Perhaps I do. You may repeat it if you like.

Question repeated.

A. Unquestionably I would not have given him up when I believed him to

be innocent.

Q. You still believe him innocent.

A. He was sensible in concealing himself, though he did not take any particular pains to conceal himself. He went round to public places seeing curiosities with Dr. McMillan.

Q. Is that all the answer you have to give to my question?

A. I will tell you more if you desire it.

Q. You wanted to conceal Surratt?

A. I did. I believed Dr. McMillan would betray him. He had expressed such infidel sentimets that I believed for money he would betray him.

Q. Did you say anything to this man (Dr. McMillan) about infidel sentiments? A. He virtually admitted them.

Q. Did you say anything to this man about infidel sentiments?

A. I did. We both conversed upon the subject freely.

Q. You felt shocked at his sentiments, didn't you?

A. Somewhat.

Q. You did not consider them religious?

A. Not considering that he had two sisters in the nunnery.

Q. I am not asking you about his sisters, I am asking you about his senti

ments.

A. I was shocked; Yes.

Q. Did you say anything to him about his religious sentiments?

A. I did. We discussed the doctrines of the Catholic church. I tried to

convince him that he had made a mistake in going away from it.

Q. You were somewhat violent in favor of the church were you not?

A. Like most converts; Yes.

Q. You were then a fresh convert; I believe you have told us that?
A. Yes, sir.

Q. Did you write any articles for the newspapers over there?
A. Yes, sir.

Q. For what papers?

WITNESS. Is it necessary that I should state that?

The COURT. Unless you think it will tend to degrade you.

WITNESS. No, sir; I don't think that; I thought the articles were rather creditable.

Question repeated.

A. I wrote for the Liverpool Post while I was there.

Q. What other papers?

A. I wrote one or two articles perhaps for other papers.

Q. Did you write for the Daily Courier?

A. Perhaps I gave one or two little notices to the Courier.

Q. Which side did you take in your articles, the rebel side or the Union side?

A. The war had ceased and I had no opinions upon that subject.

Q. Which side did you take?

A. There were no sides to take, there was a common country.

Q. Did you write in favor of either side?

A. I wrote upon the subject of the rebel vessel Shenandoah, and stated facts, Q. Did you write anything about the confederacy, stating that the confederacy had exploded? Did you write anything about it in its praise, showing that your sympathies were on its side?

A. I have been writing truths for the last year.

Q. Which side are you on now?

A. I trust I am a loyal citizen of the United States.

Q. Are your sympathies against the rebel side?

A. No, sir.

Q. Had you any confederate clothes on that ship?
A. I had.

Q. What did you do with them?

A. I kept them.

Q. Did you make an exhibition of them?

A. Some gentlemen came in my state room and I showed them to them.
Q. Did you wear them?

A. I have no recollection of having worn them.

Q. Where did you go from Liverpool?

A. To London.

Q. How long did you stay there?

A. A week or two.

Q. What did you do there?

A. I tried to make some literary connection to write. I did not succeed. I did not admire the English, and I went to France.

Q. That was the reason you left?

A. Precisely.

Q. The reason was that you could not get employment, and therefore you did not admire them?

A. I preferred to remain in France and have the advantage of acquiring a foreign language.

Q. When did you go to France?

A. (After consulting diary.) It was about the middle of December, 1865. Q. Before you left Liverpool you stated that you told Dr. McMillan of the withdrawal of the proclamation offering a reward for the arrest of John H. Surratt?

A. I said I had seen a report-I was not certain—but I had seen a report it was going to be withdrawn.

Q. And you told Dr. McMillan so.

A. Yes, sir, I did. I thought it was desirable.