were about to leave our place, and so assisted in getting up at meetings called for that purpose. Question by Mr. SHOAFF recruits Was there more than one affidavit made against you embodying the substance of Phipps' affidavit? Answer-I don't know that there were others. Question by Mr. SHOAFF Did you understand at the time that there was an order of the Secretary of War making the discouragement of enlistments a penal offense? Answer-I did. Question by Mr. BROWN State whether during your imprisonment there were any other persons imprisoned with you upon charges similar to the one upon which you were imprisoned; and if so, who were they? Answer-There were two others confined in the same room with me upon similar charges-Richard Slater, of Dearborn county, and Harris Reynolds, of Fountain county. Question by Mr. BROWN Were they discharged at the same time, and in the same manner, that you were? Answer-Mr. Slater was, but Mr. Reynolds was discharged some two weeks prior to our discharge, and I understand upon condition that he would furnish a substitute for himself in the army, he being drafted. Question by Mr. BROWN Are you certain that you were arrested and imprisoned before the State election? Answer-I am; some three days before the election. Question by Mr. BAKER What company was it you assisted, by money or otherwise, in getting off to the army? Answer-I assisted Captain Peter Studebaker's company, and some five others, which were raised in our county. Question by Mr. BAKER In what manner did you assist them? Answer-In giving money to assist the companies off; and being the leader of a band of music, furnished free music at numerous meetings called for the purpose of soliciting volunteers; and in escorting companies on their road to Indianapolis. Question by Mr. LASSELLE State if you, during your imprisonment, were called as a physician to visit some of the Blackford county prisoners, who were sick in other rooms; and if so, your judgment as to their treatment, the cause of their illness, &c. Answer-I was so called by Colonel Rose; I found them confined in very small cells, in which there were no side windows; but a small, closed sky-light; no ventilation except through the small interstices of the iron doors. The rooms were filthy, and not fit for the confinement of prisoners. I found several of them seriously ill, and attribute their disease to the unhealthiness of the prison—perhaps aggravated by improper diet. THEODORE HORTON. STATE OF INDIANA, SS: We, Jerome Ruff, John M. Powers, Rannals Walser, George J. Gottschalk, John Gottschalk, George Dulinsky, Wm. Dulinsky, Matthew Long, Cyrus Marsh, Benneville Sawyer, John A. Sawyer, Amos Gehrett, and E. A. Horton, of lawful age, residents of the county and State aforesaid, upon our oaths depose and say: That on the 2d day of October, 1862, we attended a political meeting in Nottingham township, Wells county, Indiana, which said meeting was appointed for the purpose of discussing the political issues before the country, by one A. B. Jetmore, candidate for State Representative for the counties of Blackford and Wells; that one John Phipps, of company A, Thirty-Fourth Regiment Indiana Volunteer Infantry, was present at said meeting, for the purpose of procuring volunteers; that Theodore Horton, (now under arrest upon a charge of then and there discouraging enlistments, which said charge said Phipps, on the 6th of October, 1862, made affidavit to before one Dwight Klinck, a notary public in and for said county and State,) was also present at said meeting; that said Horton, after said Jetmore and said Phipps had concluded their efforts on the occasion, was called for by a large number present, to address them; that said Horton distinctly inquired, before he responded to that call, if said Jetmore and said Phipps had concluded their labors for the evening, and not until he had received from those gentlemen an affirmative response to his said inquiry, did said. Horton proceed to address said meeting. And deponents say that their understanding of the purpose of said Horton being so called upon to address said meeting, and of his responding to said call, was to answer said Jetmore's political speech, and for such purpose only. Deponents further say, they were present during the entire remarks of said Horton then and there made; that they paid strict and close attention to those remarks; that if the language imputed to said Horton by said Phipps in his said affidavit, to-wit: "I always knew this was an Abolition war-the President's proclamation tops the Abolition climax-you have been asked to-night to volunteer-did you do it? No, you are not a-going to volunteer. The speaker called for volunteers-how many did he get? None. You are not going to volunteer under such a policy-no, not one. The persons in power are all Abolitionists, and all who uphold the Administration in its policy are Abolitionists. We will put the Democrats in power, and then we will shoot down the Abolitionists," had been used by said Horton then and there, deponents would remember it; that said Horton did not use said language, nor any language calculated to discourage enlistments, but on the contrary, said Horton then and there spoke in substance as follow, to wit: "That the country had been forced into this war by the disunion Abolitionists of the North and the fire-eating Secessionists of the South; that there was left us but one course, namely, to shoulder our muskets and destroy the rebels of the South with bullets, and to meet the Abolitionists at the ballot-box, and by the mighty power of those little paper ballots, which drop as the silent snow-flake, to sweep from power the Abolition element in the Government, and restore it to the glory and power in which our fathers bequeathed it to us;" that said Horton then and there uttered no language expressing hostility to the Government, or calculated to discourage enlistments, unless the foregoing be so regarded. And deponents further say that, in answer to an inquiry then and there put to him by said Jetmore, in substance, whether or not he, said Horton, was in favor of putting down the Rebellion, said Horton distinctly and emphatically said "he was in favor of putting down the Rebellion, and that the war should be carried on until that purpose was accomplished." Deponents further say that there were present at said meeting about thirty or forty persons. And further deponents say not. JEROME B. RUFF, GEORGE J. GOTTSCHALK, JOHN GOTTSCHALK, 18 years old, GEORGE DULINSKY, 17 years old, WILLIAM DULINSKY, MATHEW LONG, CYRUS MARSH, BENNEVILLE SAWYER, State of Indiana, Wells Connty, ss: Personally appeared before me, the undersigned Justice of the Peace, in and for said county, Jerome B. Ruff, John M. Powers, Rannals Walser, George J. Gottschalk, John Gottschalk, George Dulinsky, William Dulinsky, Mathew Long, Cyrus Marsh, Benneville Sawyer, and John A. Sawyer, and subscribed and made oath to the foregoing affidavit, this 17th of October, 1862. In testimony whereof, I hereunto set my hand and seal, this 17th day of October, 1862. SEAL.. DAVID MYERS, J. P. THE BLACKFORD COUNTY CASES. ANDREW BRICKLEY AFFIRMED. Examined by Mr. FERRIS Answer-My name is Andrew Brickley; age thirty-three years. I reside at Hartford City, Blackford county, Indiana. I have resided in Blackford county about eight years, and in the town of Hartford City about two years. My occupation is that of a saddler and harness maker; I am, at present, sheriff of Blackford county. I was arrested by Thomas Browne, of Winchester, at Hartford City, on or about the 8th of October, 1862, upon a charge, as Browne alleged, that I had aided and abetted in resisting the draft. In making the arrest, he said that he arrested me upon affidavits that had been filed by citizens against me, but refused to show me any authority for making the arrest. Browne was accompanied by a file of soldiers some ten or twelve strong, under his command. After my arrest I was taken to Indianapolis, by soldiers detailed for that purpose. Then I was placed in the Government Bastilethat is the Post Office Building-placed in the fourth story of that building there locked up, without fire, bedding, or any convenience of the kind. Soldiers without the doors guarded the entrance. There were six of us confined in that cell. We had no fire during our stay in the building-some thirty-three days. We had bedding, however, after the third night. We were released on or about the 15th of November last. At the time of our release, an Irishman named John a waiter or servant of Colonel Rose, who sometimes carried the keys, came in and said to us that we were now released, but wished us to tarry, as Marshal Rose might wish to have some conversation with us before we left. We told him that we would cheerfully do so, and requested that he might call, so that we could have a conversation with him. We waited some two hours, but he did not come. Then John stated to us that we could leave, as the Marshal was not coming. We then |