charge of discouraging enlistments; that he had no discretion in the premises; that he had telegraphed and written to Washington for instructions, and was awaiting them. I received no trial, no examination, and when released it was in these words, as near as I can recollect. I had been, all the time I was in prison, unwell from a disease of the throat. Rose, addressing me, said, "Richard, how is your throat?" Upon answering that it was some better, he said, "I have no more to do with you; you can go home, or stay here, or go where you please; I have no more to do with you." I then remarked to him that I had no trial, no opportunity to confront the witnesses against me. He replied that he had nothing to do with that. Upon this hint I returned home, and at my own expense. The assertion that I had discouraged enlistments, in any instance, is false. On the contrary, I had habitually encouraged enlistments, by speeches and money expended for that purpose. One of my counter affidavits, the one signed by Captain Crawford, then a Captain, but now a Chaplain to that regiment, the Eighty-Third, and some twenty-five others, officers and men of the regiment, substantiated the declaration I now make, and proved my services in aiding and encouraging enlistments. Captain Cheek read to me the order for my arrest, and it contained instructions for him to try and procure more affidavits against me. I am a Democrat. Question by Mr. MORGAN Are you opposed to the present Administration? Question by Mr. MORGAN What did you say in your speech at Dover, in your county, against the present Administration? Answer-I believed that it was an Abolition Administration, and so said. Question by Mr. MORGAN Did you, in that speech, give the Administration hell generally? Answer-I denounced the Administration as an Abolition Ad ministration, as corrupt, in my estimation, in strong terms. R. D. SLATER. GEORGE M. LOZIER (DEARBORN COUNTY) SWORN. Examined by Mr. HOWARD Answer-My name is George M. Lozier; I am forty-eight years of age; by occupation a farmer; reside in Dearborn county, and have resided there nearly forty-seven years; I have a family-a wife and six children. I was arrested on the 15th day of August last, at my home, by Captain David Cheek, an officer in the regular army, and one Henry Pierce, who took me first to Lawrenceburg, and afterward I was taken to Indianapolis by a man by the name of Miller, also of the regular service. At Indianapolis I was taken before Governor Morton who said that such business did not belong to his department. I was then taken to the Post Office Building, and, as I am informed, before the Deputy United States Marshal, and released because of the affidavit having been destitute of a seal. The affidavit is as follows: "STATE OF INDIANA, "Before me, Theodore Gazley, a Notary Public in and for said county, on this fifteenth day of August, 1862, personally came Albert D. Jackson, who being by me duly sworn, made oath that he is a resident of said county of Dearborn, and that on Friday, the eighth day of August, 1862, at said county, one George M. Lozier, a resident of the same county, did attempt to persuade, hinder, and prevent him, the said Albert D. Jackson, from volunteering into the service of the United States, by then and there saying to said Jackson that the bounty and bounty money offered by the United States to volunteers after the war was over would not be worth that much brown paper, and was not worth much now; and that if he had any intention of volunteering, if he, said Jackson, would let him (said Lozier) talk with him a little while, he would not volunteer in the service of the United States in the present war. "ALBERT JACKSON. "Sworn to and subscribed before me this fifteenth day of August, 1862. "THEODORE GAZLEY, The affidavit is not true. Jackson afterward told me that at Lawrenceburg he was detained some four hours and over-persuaded to file that affidavit; that at the time he (Jackson) protested that the statements therein contained were not right; that his persuaders threatened him (Jackson) that if he did not make the affidavit he would be sent to Camp Morton; that he requested them to change that portion of the affidavit that went on to state that I tried to persuade him not to volunteer; and that he thought that was stricken out or changed. [ The above answer, as to what Jackson told Lozier, is objected to by Mr. MORGAN.] My family were seriously shocked and annoyed by my arrest, and I left them in a high state of excitement. Politically, I am a Democrat. Jackson, who filed the affidavit, was, in 1860, a Lincoln-man. My information is that those who procured Jackson to make the affidavit against me are Republicans. G. M. LOZIER. JOHN TATE (JENNINGS COUNTY) SWORN. Examined by Mr. FERRIS Answer-My name is John Tate. I am thirty-four years o age; by occupation a bricklayer; reside in North Vernon, Jennings county, Indiana; resided there about twenty-five years; I have a family-a wife and two children. I was arrested on or about the 22d day of August, 1862, at my house by Walter Lattimore, Samuel Dixon, ex-sheriff, and - Leapper, and brought to this city, where I was imprisoned in the Post Office Building by one of the Deputy Marshals. I was confined there until on or about the 13th of October. Lattimore, in reply to my question as to the cause of the arrest, said that it was for making use of "disloyal" language. I know of no affidavits having been filed against me. I several times demanded an examination and trial, but received none. At my release, I was summoned to the Marshal's room, where I was informed that if I would take an oath submitted to me, I would be set at liberty. I took the obligation, which was in these words, to-wit: "I, John Tate, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, Convention, or Legislature to the contrary notwithstanding, and support the Government in its efforts to crush out the rebellion and restore the Union; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and further, that I will faithfully perform all the duties which may be required of me by law. So help me, God. "JOHN TATE." "STATE OF INDIANA, SS. "MARION COUNTY. "Subscribed and sworn to before me this thirteenth day of of October, 1862. SEAL. "J. S. BIGELOW, "Notary Public." I understand that Mr. Bigelow, who administered this oath to me, is Deputy United States Marshal, under Colonel Rose. As to my treatment while in prison, I do not complain of it up to the time the Blackford county prisoners came in. After that the food was not fit to eat. I paid my own expenses home. I am a Democrat. I never to my knowledge used any language, upon any occasion, I considered "disloyal," unless denouncing Abolitionism may be regarded "disloyal." I saw no warrant or process for my arrest, nor heard of any, and never demanded any. I demanded a trial on several occasions, but never obtained it. I never could ascertain by whose authority I was arrested. JOHN TATE. JACOB L. KINTNER (HARRISON COUNTY) SWORN. Examined by Mr. BROWN— Answer-My name is Jacob L. Kintner. I am about fifty-six years of age; by occupation a farmer; reside in Boone township, Harrison county, Indiana, and have resided there over thirty-one years; have a family-wife and four children. I was arrested on the 25th day of October, 1861, from my residence, at midnight, by a man who called himself Moore, a resident of Jeffersonville, and some twelve armed soldiers and four citizens; the soldiers claiming to be Home Guards. I was taken to the tent of Colonel Hazzard, on the Kentucky side, opposite to West Point, on Salt river. At the time of my arrest, my brother approached Moore, at my request, for his authority for making the arrest. Moore stated that he was chief of Secret Police, by order of Secretary Salmon P. Chase, and exhibited a paper to that effect. The charge upon which they alleged my arrest was that of treason, as declared by Moore, and that I should answer to the same in the city of Louisville. No warrant or authority authorizing said charge of treason was shown me, and the only authority they pretended to have was the paper said Moore had as secret police. The men who arrested me were under the command of Moore. From Colonel Hazzard's tent I was conducted to New Albany, and from thence to the city of Indianapolis, accompanied by Moore and two or three other armed men. Upon my arrival at Indianapolis, I was placed in the custody of Lewis Jordan, Deputy United States Marshal. Jordan informed me that the charge upon which I had been arrested was not a bailable offense; but that I could employ a guard to watch me, and by so doing I could avoid going to prison. Jordan named a guard of one man, whom I paid the sum of two dollars per day. Mr. Jordan told me that price was customary for such service. At the end of ten days I had a trial, before John H. Rea, Commissioner, and was duly acquitted. The evidence against me on trial was that of Moore only, who testified that he had heard me say, when in Colonel Hazzard's tent, under arrest, that I had sold mules into Kentucky. I paid my expenses while here and upon my return home, amounting to three hundred dollars, which was never refunded to me. After my arrival in Indianapolis, Moore filed his affidavit against me, alleging that he believed me guilty of treason, and upon that affidavit I was tried before the Commissioner. Question by Mr. FERRIS What is your politics? Answer-I was a Whig. Since that party broke up, I have acted with the Democratic party. I am not an active partisan; never attend conventions, simply vote. |