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Question by Mr. HANNA-
Did they pay your expenses home after your discharge ?
Answer-I paid my own expenses.
Question by Mr. HANNA

State what conversation occurred between you and Colonel Rose, or any other officer having you in duress, at the time of your discharge ?

Answer- All the conversation that took place between myself and Colonel Rose, at the time of my discharge, was this: he said “ I have the pleasure to inform you that you are a free man. You are at liberty to go where you please.”.

Question by Mr. HANNA

State when and where you made the speech alluded to in Phipp's affidavit.

Answer-In Nottingham township, Wells county, Indiana. The precise day I do not remember. It was about the second day of October last.

Question by Mr. HANNA-,

Did you, at any time after your arrest upon Phipps' affidavit, have any trial or examination before any court or officer whatsoever, as to the causes of your arrest?

Answer—No, sir; I was discharged without any trial.
Question by Mr. BROWN

What was the occupation of Colonel Rose at the time of your arrest and imprisonment?

Answer—He was acting as Provost, and U. S. Marshal, for the District of Indiana.

Question by Mr. GIVEN

State what is the age of Mr. Phipps; if he is an able-bodied man, and what political party he acts with and belongs to ?

Answer-I should judge him to be a man of about thirty years of age, able-bodied, and a Republican..

Question by Mr. GIVEN

State what political party you acted with at the time of your arrest?

Answer-With the Democratic party. I never acted with any other.

Question by Mr. HANNA

State, Doctor, whether you ever made the declarations alleged against you in Phipps' affidavit?

Answer--I did not, as quoted in the affidavit.

Question by Mr. HANNA

State whether it was your purpose, in the speech referred to, to embarrass enlistments under the order of the President of the United States ?

Answer--I had no thought, intention, or desire of doing so.
Question by Mr. BROWN

State whether you did not produce to Colonel Rose the affidavit of several of your responsible neighbors, who heard the speech referred to in Phipps' affidavit, alleging that the statements in Phipps' affidavit were false?

Answer--I produced to Colonel Rose an affidavit, with the sig. natures of sixteen persons who heard the speech referred to by Phipps, and one or two other affidavits, asserting that the statements made by Phipps, in his said affidavit, were false, and the persons who made these affidavits were all citizens of the immediate neighborhood in which the speech was made.

Question by Mr. GREGORY

State by whom this meeting was called, and what was the object of the same, at which you made the speech alluded to.

Answer— The meeting was called by the candidate upon the Republican ticket for Representative, A. B. Jetmore, and was called for the purpose of discussing the political topics of the day. : Question by Mr. GREGORY

By whom were you called out to make a speech upon that occasion?

Answer—By the Democrats living in the vicinity of the place where the speech was made.

Question by Mr. GREGORY

State, as near as you can, what was your language in regard to the policy of the present Administration, in carrying on this war, as to the negro question?

Answer-As near as I can recollect, I stated that I believed that it was the policy of this Administration to abolish slavery, and that I considered that Abolitionism was as much opposed to the existence of the Union as Secessionism; that I considered in the conflict which then overwhelmed the country, that we had enemies at the North as well as at the South; that we proposed to meet these enemies in the North at the ballot-box, and by the little paper ballots, which drop as the silent snow-flake, to sweep the Abolition minions from power; and while we thus relieved the Government from their oppressive hands, it was also our duty to shoulder our muskets and put down Secessionism with bullets.

Question by Mr. Gregory

State when you were first shown the affidavit upon which you were arrested?

Answer—I think it was on the 14th or 15th of October, a few days after I was arrested.

Question by Mr. GREGORY

State how you were treated, as to privileges granted you, while you were in the custody of the United States Marshal.

Answer— I could not complain of the treatment.
Question by Mr. BAKER-

How long before you were released from confinement that you received the affidavits stating that Phipps' affidavit was false?

Answer-About three weeks.
Question by Mr. BAKER-
Have you the affidavits?
Answer-I have them at home.
Question by Mr. BAKER-

Did these men who made the affidavits contradicting Phipps' affidavit, know the language that Phipps had employed in the affidavit he made against you upon which you were arrested?

Answer-I procured a copy of Phipps' affidavit and sent it to them, and suppose they did.

Question by Mr. GREGG

Did Colonel Rose know any thing about what. the affidavit you handed him contained?

Answer-Only what I told him, and that was that they were the affidavits of citizens who were at the meeting spoken of by Phipps, contradicting. Phipps' statements. When I handed the affidavits to Rose, he said that he had not time to examine them. He took them and laid them on the mantle-piece, and I then told him that if he could not examine them that I would keep them in my possession until he had time to examine them. He never called for them.

Question by Mr. HANNA

State whether or not you have, at any time during the present hostilities, endeavored, by your personal influence and your means, to assist the Government in procuring recruits for the army of the United States?

Answer--I have, by assisting companies with money as they

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were about to leave our place, and so assisted in getting up recruits at meetings called for that purpose.

Question by Mr. Shoaff

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 physie cian 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.



entative If compan presenti

STATE OF INDIANA, I... 'Wells County, jos

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

ps, of company Ales of Blackford na didate for State les

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