The Kansas in the Civil War Message Board

Capt. Oren Curtis court martial part 2

James KETNER
Major, 16th Kansas Volunteer Cavalry, was recalled for the defense and examined.

By the Accused

Q. You stated when you were on the stand before that you had observed the accused frequently on the march from the Arkansas River to Kansas. Please state in regard to his general conduct on that march; whether you ever saw him away from his post of duty or not.
A. I never saw the accused away from his post of duty, I believe, and he always seemed to be discharging his duty as officer in charge of the ox train.

Q. Did you ever observe him in command of his men; whether he attempted to enforce discipline or not?
A. I never noticed him in that particular except in the case I spoke of before, where he ordered one of his men to restore this property, after I had done so. That is the only case where I saw him give command to the men or enforce anything over them.

Q. From all you saw on that march of the accused, state whether his conduct was good or bad as a military man, as far as you observed it.
A. I think as far as I observed, his conduct was good, as an officer.

Q. Are you acquainted with the character of that class of rebels called bushwhackers?
A. I have some knowledge of them; not so much in this section as in the south – in Mississippi and Louisiana.

Q. Have they changed their character since 1862?
A. I think not, sir.

Q. Were you present at an investigation of two men who were brought in to Col. JENNISON’S headquarters near Cane Hill on or about the 12th of November last?
A. I was present part of the time. I think probably all the time.

Q. Can you state whether those men were bushwhackers or not?
A. I cannot state they were bushwhackers. It was my opinion they were not, from the investigation, though they were discovered in the brush and admitted the fact.

Q. Were any arms found in their possession?
A. I think there were none, and there was no evidence that I remember, that they had arms in the brush.

Q. Do you make any distinction between bushwhackers and their aiders and abettors?
A. I do not.

Q. Then it is your opinion that neither of these men were bushwhackers or aided or abetted it?
A. I did not consider the evidence as conclusive that they were bushwhackers. The evidence was that they had supplied bushwhackers, but I was of the opinion that they had done so more through compulsion than their own free will.

Q. What evidence was there to convince you of this fact?
A. Nothing except I considered there was a want of evidence to convince me to the contrary.

By the Court

Q. Is it not generally known to all officers with whom you are acquainted and have served, that there are proper military tribunals for all offenders hostile to the Government of the United States, or in sympathy with the rebellion.
A. As far as I know, it is generally known.

Q. It is on record that you speak of bushwhackers as rebels. Is not the term properly applied to any men prowling in the bush and unfrequented places, committing crimes against the law, by robbing, plundering and murdering?
A. I believe that is the literal meaning to the word, but I class them as rebels because I think the term would apply to all men who consort in the brush, whether on the Federal or Confederate side.

The witness then retired.

Charles R. JENNISON
Colonel, 15th Kansas Volunteer Cavalry, a witness for the defense, was duly sworn in the presence of the accused by the Judge Advocate and examined.

By the Accused.

Q. On what duty were you engaged in the year 1864?
A. I was Colonel of the 15th KVC, part of the time Commander of the Post at Fort Leavenworth, part of the time commanding the first sub-district, south Kansas and part of the time commanding the 1st Brigade, 1st Division, Army of the Border.

Q. Was the accused a subordinate officer in your regiment?
A. He was

Q. State his general character as an officer.
A. It is good.

Q. State all you know concerning the investigation, which was had at or near Cane Hill, Arkansas, on the 12th of November 1864, of two men who were brought in, charged with being bushwhackers.
A. After my command camped at Cane Hill, there was an attack made on them by bushwhackers, immediately on going into camp. Some time in the evening, two or three parties were brought in, on whom an investigation took place in a house at which Sr. Col. HOYT, Major KETNER of the 16th and Dr. DAVIS, and several other officers who I don’t remember, were present. I heard part of their statements in person.

Q. Were they bushwhackers or not?
A. I am satisfied from what I heard and from other facts which developed themselves on the spot, they were.

Q. What satisfied your mind they were bushwhackers?
A. Their voluntary confessions, their acknowledged acts of feeding bushwhackers subsistence and forage, and from concealed ammunition, arms and various articles of plunder which were found in the house, under the floor and sided up between the buildings with new siding. On knowing, as they stated, of the approach of our troops; and also from the statement of one of the parties that he had been in one or two engagements with the bushwhackers.

Q. What conveniences had you for the proceeding of any investigation that might be held?
A. Nothing more than what loose paper might be found. I believe the entire division was very destitute of writing material throughout the whole trip. I heard several complaints about it.

Q. State the general conduct of the accused on the march back to Kansas.
A. I heard no complaint against him. As an officer, he obeyed orders promptly.

Q. State whether you put the accused in charge of an ox train at Newtonia, or this side of there.
A. I think he was in charge of the train. The exact place where he entered upon that duty – I don’t remember. I think I gave permission in the first place on the request of Col. HOYT for the accused to go back and assist some families in the vicinity of Cane Hill who wanted to leave the county and I think from that time he was with the refugee train; I am not certain, however. When he brought up this family, I noticed that one of the women had to be carried to and from the wagon in a bed, being very feeble, from palsy, I think.

Q. Where was he relieved from that duty?
A. I think he stayed on that duty until we got to either Mound City or Fort Scott.

Q. Do you know, after the return of the command to Fort Scott or Mound City, anything in regard to the accused making any efforts to hunt up all the wagons and cattle that he was put in command of, with the view of turning them over to the proper officer?
A. I had a conversation with him I think once or twice on that matter, and the last account he gave was satisfactory; that he had collected all the stock and wagons and had them in shape for the refugees or to turn over properly.

Q. State whether he turned all these wagons over or not.
A. I can’t state definitely. My impression is there were one or two wagons he said some officer had with company property. I understood he was not responsible for this wagon in person.

Q. For what purpose were these wagons used on the road up?
A. For assisting in the transportation of refugees and for carrying the saddles, arms and equipment of the command whose horses had given out on the march; and also for conveying soldiers who had become lame – many of them having made the march all the way on foot, and to carry blankets and cooking utensils, as I understood it.

Q. Did the accused have any control over the property contained in the wagons?
A. I did not so understand it. I think he was one of a board that I appointed at Cane Hill to examine all the wagons and to take out and destroy all property – of every description – that did not belong to the Government or was not necessary for the command, in order to lighten the wagons as much as possible, as the stock was very weak. I had a board of three officers appointed and had all the wagons of the Brigade searched.

Q. State what object you had in placing the accused in charge of this ox train.
A. Previous to any office taking charge of it, it was driven by refugees and soldiers and was scattered and annoyed the command very much. I put him in command of it to keep it together and to see that it was ready to move with the rest of the command.

Q. State the condition of the country as to the houses and property – in houses, after the accused was placed in charge of the ox train; whether it was thickly populated or not.
A. There were certain parts where people were living, but the greater part of the march was through a country very little settled.

Q. Can you state whether or not any of this property was collected and put in the wagons after the accused took charge of the train?
A. I do not know as to that.

Q. How many wagons were used by the refugees?
A. The exact number, I don’t know. They were mixed – refugees and soldiers throughout.

Q. Can’t you approximate the number?
A. I should say 12 or 15.

Q. Under whose immediate order did you march from the Arkansas River, and state also in that connection, what your orders were.
A. I marched under the immediate order of Major General BLUNT. I received an order from him to march my command back to the same road I cane until I met the supply train, supply my command with subsistence, thence to march my command to Fayetteville and that the 9th Wisconsin Battery, collect the wounded at Newtonia and march my command the best way, taking forage and subsistence into consideration to Fort Scott. I also received instructions to desolate the country from the Arkansas River to Fort Scott, which was afterwards modified to the Kansas state line.

Q. How long have you served on the Border under Gen. BLUNT?
A. I think about the 1st of September last was the first I served under Gen. BLUNT.

Q. State all you know concerning any order issued to you by Gen. BLUNT in the field, with regard to the treatment and disposition of bushwhackers caught in the act.
A. I know nothing of any order on that subject issued to me.

Q. Do you know anything of the summary execution of a bushwhacker at Independence at the opening of the campaign against Price?
A. Nothing but hearsay. I heard it talked of among the officers.

Q. How long have you known the accused?
A. Since the organization of the 15th KVC – about a year and a half.

Q. Can you state whether he is a man of education or not?
A. I cannot.

Q. During the march, while in command of his company, did you ever see him away from his place in the column?
A. Not unless he was on some other duty by order – not what would be considered a military absence.

Q. Can you speak of his general conduct on the battlefield?
A. Generals CURTIS and BLUNT and myself have had conversations several times in regard to his conduct on the battlefield and he was complimented by all and particularly at Lexington, for the manner in which he handled his men and conducted the retreat from that place.

Q. State what discipline exists in his company.
A. The discipline of his company, I think, will average as good as any cavalry company in Kansas. I consider the accused as a disciplinarian, in command of his company – one of the best officers in the regiment.

Cross-Examination
By the Judge Advocate

Q. You had a separate command from the Arkansas River to Fort Scott, did you not?
A. I had command of a Brigade.

Q. By whose order was this investigation you speak of taking place at Cane Hill?
A. Verbally by my order. There were a great many circumstances connected with the case and when the men were brought in, I think I suggested to Col. HOYT and Dr. DAVIS and the officers there to examine those men and find out what they could about the case.

Q. Did you detail any officers?
A. Nothing but this suggestion. We had no written orders on the march.

Q. You spoke of confessions made by these parties; what were they?
A. That they had been bushwhackers and one of them that he was a rebel from choice. That was about the sum and substance of it. They did not state in fact they were bushwhackers, but one of them stated that he had been in the brush several times.

Q. Do you consider that tantamount to being a bushwhacker?
A. What is usually considered by the term “being in the brush” is that he was in the brush in arms as a bushwhacker.

Q. That was one of the three?
A. Yes sir. That was while I was in the house. The main examination was made by Lt. Col. HOYT and, I think, Dr. DAVIS asked some questions.

Q. Were you there during the entire investigation?
A. I think not. There was a rumor come in that two of my officers were killed and I was very busy getting ambulances ready to send for them.

Q. Did any of the officers report the result of that investigation?
A. I think all reported to me their opinion.

Q. The only testimony taken as to the character or status of these men was their own statements?
A. Yes sir, in connection with some women and one Union woman who came in to the command who said they had burned her house. She gave me their names and the names of several others.

Q. Were any of these parties sworn and examined?
A. Their statements were taken; they were not sworn that I know of.

Q. What was the character of the plunder found in this house?
A. It consisted of powder, caps, I think three guns, sided up in the building, which had been lately used. Under the floor there was all kinds of plunder, which had the appearance of lately coming from the store, such as shirt buttons, knives and such things.

Q. Were not persons in that section of country in the habit, when the army came along, of hiding property of all sorts; and is it not a fact that when our comes along inoffensive persons hide their property under the floors and in such places?
A. I do not know. This man stated that he apprehended fear from our army, but not from Price’s Army – that was his remark.

Q. How did these men come in the custody of our troops?
A. The first I saw of the men, they were standing on the porch. Some of the officers told me that the women had went and got them.

Q. Were any threats used to induce those women to get those men?
A. After those officers of mine were shot, there were several persons there and I notified them that all those parties caught by my Brigade as bushwhackers, I would deal summarily with, and whoever I found harboring bushwhackers, I would make it so hot for them that they would not harbor any more, or some such remark. I was not, at that time, in the best humor in the world.

Q. You state the confession made by one of these men was that he had fed bushwhackers. Is it not a fact that in the country where these bushwhackers are in the habit of going, that the frequently go to a house and by their force and numbers, compel people to feed them?
A. I think it is. This man, however, stated that he had repeatedly done it.

Q. Did he say it was of his own free will that he had done it?
A. I don’t know that he used that term, but he said that he preferred their currency to ours.

Q. You also stated that one of them said he had been with the bushwhackers in several engagements?
A. I think he said three engagements.

Q. Which one was that?
A. I don’t know the names of either of them.

Q. Was not one of them the owner of the property where you were stopping?
A. I think one of them was; and I think probably he was the man; he was a very large man.

Q. What orders were issued for the execution of these three men?
A. I don’t remember issuing any order aside from the order I alluded to about the time the engagement began relative to their execution, though I may have done so.

Q. You don’t remember issuing any order in this case?
A. No sir, not aside from the general order.

Q. Did you order the accused to take charge of that ox train?
A. I think I gave him instructions or ordered Lt. Col. HOYT to detail some men.

Q. Did you consider the officer who was put in charge of that train was to be made responsible for the property which had been seized for the use of the Government?
A. I did not so consider it. He was put in charge to keep it together.

Q. Do you know whether that property, on its arrival at Fort Scott, was absolutely turned over to the proper officers?
A. I know nothing but that I have heard and from reports. I think it was taken to Mound City, where the command was halted.

Q. You state the refugees used 12 or 15 wagons; do you mean they used that many or there were that many in the train.
A. I think that many were used by the refugees. A great many brought in their own wagons. That one man the accused went back after had two or three wagons himself and quite a number of cattle. I remember issuing an order to have his cattle turned over to him.

By the Court

Q. Were these men of whom you have been speaking, hung, owing to the result of that investigation?
A. I don’t remember issuing any order for the hanging of these men unless they were hung on the order issued at the first of the engagement.

Q. Was any sentence read to these men or made known to them as a result of any investigation?
A. They were in charge of the regiment and not of the Brigade and I don’t know.

Q. Do you not, as an officer of the Army and Colonel of a regiment, know there are proper tribunals for the punishment of men in arms against the authority of the Government of the United States?
A. I am satisfied there is, but I would say in justification that there were many circumstances which prevented the regular course of military proceedings, which might, in some cases, justify acts done.

The witness then retired.

Tyrus L. HURD
Capt. Company “D”, 15th KVC was recalled for the defense and examined.

By the Accused.

Q. How long have you been in service in the 15th Kansas?
A. I was recruiting and organizing from the 1st of July 1863. I got my commission the 15th of October and was mustered on the 19th of November 1863.

Q. Was that about the time the accused raised his company?
A. It was

Q. How long was it after the sacking of Lawrence and the murder of Major CURTIS that the accused’s company was raised?
A. The sacking of Lawrence occurred some time in July 1863. The regiment was organized on the 15th of October 1863. The companies were then all full and Major CURTIS, if I remember right, was murdered by Quantrill at Baxter Springs some time in the autumn of 1862.

Q. Can you state whether they company of the accused was raised under the influences of great public excitement?
A. The whole regiment was raised under such influences. It was raised particularly for the protection of our own border and to avenge the fate of the raid.

Q. Can you state whether there was any danger threatening the people of Kansas from the raids of bushwhackers about this time?
A. It has been since the commencement of the war. There has been no time when we were entirely free from the probability of a raid unless it was for a short time a year ago this past winter. They have been occasionally breaking in and making raids.

Q. Can you state the orders or instructions received from superior officers in regard to the treatment and disposition of bushwhackers found in the bush?
A. I can’t give the order, or the number of the order, but some time in the 1862 there were orders issued by the General commanding the department that bushwhackers should be dealt with summarily wherever found. Orders from other superior officers under whom I have served have been to dispose of bushwhackers or persons known to have been bushwhackers whenever found.

Q. Can you state what officer was placed in immediate command of troops on the border at the period of which you have been testifying, to protect it from bushwhackers?
A. Capts. COLEMAN, FLESHER, PIKE and GOSS. All of the 9th Kansas were stationed on the border during the winter of 1862 and 1863 and the summer of 1863.

Q. Do you know what orders Capt. COLEMAN had from his superiors in regard to the treatment and disposition of bushwhackers found in the bush?
A. I can’t say that I do. I know his action was never countermanded.

Q. What was his action?
A. To dispose of bushwhackers wherever he found them. He was constantly in the brush, leading his men, and but few days passed without an engagement with bushwhackers.

Q. Can you state whether the accused was aware of the manner in which bushwhackers were treated by Capt. COLEMAN?
A. I don’t know, but it has been the custom of all officers along the border to dispose of bushwhackers in that manner and it is generally know by all Kansas people, especially those living along the border.

Q. Do you know anything of the summary execution of a bushwhacker by order of Gen. BLUNT at Independence at the opening of the Price campaign?
A. Only from hearsay.

Q. Did you know the accused in civil life?
A. No sir, only from reputation since I have become acquainted with him.

Q. What is his reputation?
A. It is good. I never heard any evil in regard to his conduct.

Q. Did you observe the conduct of the accused on the return march from Arkansas?
A. Not particularly

The witness then retired.

R.J. FARNSWORTH
2nd Lt, Company “C”, 15th Kansas Volunteer Cavalry, a witness for the defense was duly sworn in presence of the accused by the Judge Advocate and examined.

By the Accused.

Q. Were you along with the company of Col. JENNISON from the Arkansas River to Kansas?
A. Yes sir

Q. Do you know who had charge of the ox train from Newtonia up?
A. The accused, I believe.

Q. State the manner in which these wagons were used, the companies of the regiment and how many wagons Company “C” had.
A. Company “C” had one wagon and it was used for hauling rations, blankets, saddles of the horses given out and other things.

Q. When you went into camp at night, was that wagon drawn to the camp fires of the company?
A. Yes sir

Q. Did the accused have any control over the things in the wagon?
A. Not that I know of – I think not.

Q. Do you know what became of the wagon train after it reached Fort Scott?
A. I know some of it was turned over to Capt. THOMPSON. As for the wagons, we had one in our company, which Lt. PHILLIPS got permission from THOMPSON to take to our station and then to turn it in to him (THOMPSON).

Q. Where was your station?
A. At Patosi, 8 miles east of Mound City.

Q. Do you know what became of the accused after the command reached Fort Scott?
A. Yes sir, he was ordered to Bainesville.

Q. Did he take any of these wagons with him?
A. I think he took one.

Q. Did that wagon contain any refugees?
A. I think there were some. There were the last time I saw the wagon.

Q. Did you observe the conduct of the accused generally, on that march?
A. Yes sir. More of less of the time, I was thrown into a position where I saw him often.

Q. When you noticed him, was he at his post of duty?
A. Yes sir

Q. Did you notice any of his men straggling?
A. No sir

Q. Do you know of his men complaining of him because of his strictness in keeping them in ranks?
A. One or two nights his company camped near ours and I heard murmurings among the men of both companies that they had not the privilege of running around like other men had.

The witness then retired.

C.O. SMITH
Captain, Company “G”, 15th Kansas Volunteer Cavalry, was recalled for the defense and examined.

By the Accused.

Q. How many wagons did you use as company wagons on the road up?
A. One, part of the way.

Q. State whether or not your wagon broke down on the road.
A. Yes sir, one broke down.

Q. Did you get another?
A. Yes sir

Q. Where did you get it?
A. Maj. LAING detailed some of my men to go back and get a wagon. I don’t know where they got it.

Q. What became of that wagon?
A. It was turned over to Capt. THOMPSON.

Q. Where?
A. At Mound City.

Q. Was that wagon in charge of the accused or in the wagon train on the road up?
A. Yes sir

Q. Did you turn over any oxen?
A. One yoke

Q. Was there not one yoke turned over one day and one the next?
A. Yes sir. I turned one yoke over to a woman who had a wagon taken on the road, to enable her to have her wagon back.

Q. Did the accused assume any control over the property in your wagon?
A. He had charge of the train through the day and the different companies took charge of them at night.

Q. Did you consider the accused responsible for the property contained in your wagon?
A. I don’t know that I did

Q. Was it not the understanding among all the officers that the accused was only placed in charge of the wagon train to keep it together and get it along as rapidly as possible, keeping it up with the command?
A. That was my understanding. I know nothing of any order planning in command and don’t know the extent of his responsibility.

Q. Do you know how many refugee wagons were along?
A. No sir

Q. Can you approximate the number?
A. There were 4 or 5 and may have been more.

The witness then retired.

John L. THOMPSON
Captain, Company “B”, 15th Kansas Volunteer Cavalry, a witness for the defense was duly sworn in presence of the accused, by the Judge Advocate and examined.

By the Accused.

Q. On what duty were you engaged in the month of November last?
A. Acting Assistant Quartermaster and Commissary of Subsistence for JENNISON’S Brigade

Q. Do you know who was placed in command of a wagon train which accompanied the command from the Arkansas River?
A. The accused

Q. State what became of that train.
A. A large portion of them were turned over to claimants – refugees both black and white who owned most of the wagons coming up. One went to Bainesville with the accused’s company. Another went to Patosi with Company “C” Lt. PHILLIPS commanding, and some were sold at public sale at Mound City.

Q. You state the accused took one wagon to Bainesville?
A. Yes sir

Q. Was it one or two?
A. Two, I think, sir

Q. Did the accused ever turn those wagons over?
A. Yes sir, the following day or the day after, he turned over two wagons and three or four yoke of oxen with them.

Q. Do you know what became of the stuff or property brought up in those wagons, such as beds, bedding and household property of various kinds?
A. That which was alleged to belong to the refugees was taken away with them. The other things were scattered over the 15th, 16th and other commands and don’t know what became of it.

Q. Did the accused have any control over the property in the wagons after he was ordered to Bainesville?
A. No sir. He had no control over it at any time. His orders were to keep the train up with the command and keep them from mixing in with the Government mule teams. A great many of the companies had wagons with company property in them and took them to their camps with them and the cattle were corralled.

Q. Of that train under charge of the accused, do you know how many wagons were taken off by the 16th Kansas?
A. I do not know exactly. There were several, both wagons and cattle. And some were taken by MC LAIN’S battery of which I never received any information afterwards.

Q. Who gave Lt. PHILLIPS permission to take off that wagon and stock?
A. I gave him permission to take two yoke of cattle and one wagon to Patosi with the company property, which he promised to send back the next day, but he did not and I have never seen them since.

The witness then retired.

John M. LAING
Major, 15th Kansas Volunteer Cavalry, a witness for the defense was recalled and examined.

By the Accused.

Q. You testified in regard to the execution of these men yesterday. State more particularly than you did in regard to the manner in which the accused and the men who assisted him were detailed from the command by you.
A. I could not say at present that I gave any order detailing any enlisted men. I called the accused from the column and gave him a verbal order.

Q. Where were the men who assisted the accused taken from?
A. I only know they came from the 15th Regiment.

Q. State as near as you can the exact language in which you gave the accused the order.
A. Substance of it was to hang the men; that it was in retaliation for officers shot by the bushwhackers in the vicinity of Cane Hill and that they were to be hung as near as could be found out on the spot where these men were murdered.

Q. Immediately before you gave that order to the accused in person, for the last two men, state whether you sent these men back to the accused in charge of a guard and directed the guard to say to the accused to hang them.
A. I think I did send them under guard or in charge of some men with me.

Q. What was the reply of the accused to that?
A. I could not state.

Q. Did not the prisoners return to the head of the column after that?
A. I do not remember as present. They may have come back, but I do not remember it now.

Q. Were these men executed under the order you sent by the orderly or under the order you gave in person to the accused?
A. I gave an order to the accused in person and I imagine it was done under that order.

Q. Did you not send these men back to the accused?
A. I think I did send these men somewhere, probably to the accused, but I could not state now where they went or how far.

The witness then retired.

The Court the adjourned until 10 o’clock a.m. Wednesday, March 29, 1865.

Fort Leavenworth Kansas

10 a.m. March 29, 1865

The Court met pursuant to adjournment.

Present

The same members at the last session. The Judge Advocate, the accused and his counsel were also present.

The proceeding of the last session were read and approved.

Col. C. R. JENNISON
Was recalled for the defense and examined.

By the Accused.

Q. Can you state the names of those parties who were executed at Cane Hill?
A. I do not know all the names. I think I heard one, the name of BUCHANAN.

Q. Cane you state the reputation of BUCHANAN as a bushwhacker in that county since 1861?
A. If he was the man who owned the house, and I think he was, he substantiated for himself by his own confessions, what I considered a very thorough reputation as a bushwhacker.

Q. Can you state under what influences the company of the accused was raised?
A. My regiment was raised as a regiment and of which the accused’s company was a part, immediately after the Lawrence raid and immediately after the depredations along the border. There were many military men of high rank and I believe a Senator from Kansas made speeches in regard to the policy to be adopted. The same day I spoke with Lt. Col. HOYT, who was recruiting at Paola, was the day appointed by Gen. LANE and other parties to invade Missouri and they stated their policy was to desolate Missouri county by county, taking the whole State of Missouri by piece meal, if there was no other way to put down bushwhacking. That was the general feeling under which it was raised. They had not protection on the border, and they did not feel secure. Many had lost their friends and it was raised with the understanding, and they had the promise that they should operate on the border wholly. They did not receive this assurance from me, however, because I thought soldiers raised for the Government were subject to be ordered wherever they were needed.

Q. State whether that was about the time of the sacking of Lawrence and the murder of Maj. CURTIS.
A. It was after the murder of Maj. CURTIS and about the time Lawrence was sacked.

Q. State if, before the investigation of the cases of these two men at Cane Hill, any officers were sent for by you, in order to have the investigation held?
A. After I left the courtroom yesterday, I was thinking the matter over and now I think I detailed Lt. Col HOYT to investigate this matter, as I was busy and I think he sent for officers. Who – I don’t know, only from hearsay. I think he took the matter in charge. I have talked with officers since who were ordered there by him, but I know nothing of the order, except by report.

Cross-Examination
By the Judge Advocate

Q. Do you know this man’s name was BUCHANAN?
A. I know nothing except from conversations among officers, and hearing the names mentioned.

Q. I think you said of your own knowledge you did not know any of their names.
A. I only know from conversations and hearing their names, and I only say if the man who owned the house was the man named BUCHANAN, he had a thorough reputation as a bushwhacker.

By the Court

Q. Did you hear anyone say that the name of the man who owned the house was LEACH?
A. I did not. At least, I don’t remember it.

The witness then retired.

W.A. JOHNSON
2nd Lt. Company “M”, 15th Kansas Volunteer Cavalry, a witness for the defense, was duly sworn in presence of the accused by the Judge Advocate and examined.

By the Accused

Q. Were you present with the 15th KVC at Cane Hill on or about the 12th of November, 1864?
A. Yes sir, near Cane Hill.

Q. Do you now the name of any of the parties who were executed at that place?
A. Only as I have heard since I was not there at the time of the execution.

Q. Do you know of a man named BUCHANAN who lived near Cane Hill?
A. Only as I have heard of him.

Q. What is the reputation and conduct of the accused in regard to the implicit obedience of all orders given him by his superiors?
A. As far as I know, he has always been very prompt to do his duty and obey the orders of his superior officers.