night. There was a section of artillery placed round the garrison every night I have a pencilled memorandum of the diagram I drew. Q. Exhibit that to the court. (The diagram was then handed to the court by the witness. Said diagram, marked S, hereto attached and made part of this record.) Q. Was that made at the time? A. It was. Q. By whom? A. It was made by myself and exhibited to Grenfel and Fielding. Q. Explain it to the court. A. It represents the artillery as planted after seven o'clock every evening round the rebel camp. Q. After you drew that plan what took place? A. Grenfel claimed to be rather unwell, and Fielding and myself retired to my room, No. 70, and we had an interview there. We agreed to meet next morning at eight o'clock, at my room. Captain Hines and Edward H. Gray, who had escaped from Camp Douglas, were to command one of the attacking parties. (Answer objected to.) We separated with the understanding that we were to meet at eight o'clock, Grenfel, Fielding, and myself. Q. You say the next conversation was between you and Fielding, do you? A. Yes, sir. Q. Was that conversation upon the subject of this joint conspiracy? (Question objected to by the accused. E. G. Asay, of counsel for the accused, objected on the ground that such testimony was not competent. That the witness was asked for declarations against one of the accused out of his presence, such declarations being made by one not a co-defendant. It was a rule of common law that no man should be adjudged guilty by the declaration of another, unless he himself assents to it. If the declarations of one detective to another detective and spy were permitted in evidence against an accused, the liberty of every man and even every member of the court would be endangered. The judge advocate replied: "The conversation called for was in pursuance of the conspiracy between Fielding and the witness in the absence of the accused. In conspiracy there was a larger latitude given to the prose cution, in all cases, than in any other class of prosecutions, because the law has said that when men combine together for an illegal purpose they gather strength by such agreement; and because of the greater danger in conspiracy, greater latitude is allowed in opening up that conspiracy. It is charged that the parties at bar, with one Hines of the confederate army and others, did combine and agree to do this illegal act. That is a conspiracy in and of itself. We prove the existence of a conspiracy to which the accused Grenfel is a party. We charge that he knew of the general plan by which that conspiracy was to be carried out. I then contend that the acts or speech of any man who was connected with this conspiracy, after we have connected Grenfel or any of the accused with it, is just as much evidence against him as though he himself did the thing or uttered the word. A conspiracy is a living, moving, sentient unity. One conspirator may be the head, another the arm, another the eye, another the feet, and all moving forward jointly to the work of anarchy and destruction. And because one claims to be the head, shall we not be permitted to show what the hands and feet did? The conspirators sought to turn loose upon a defenceless city a band of cut-throats, and the law will hold each actor, whether chief or subordinate, responsible for that conspiracy. Benét, page 288; De Hart, page 351; Wheaton's Criminal Law, paragraph 2352; Roscoe's Criminal Evidence, page 79, were quoted in support of the argument of the judge advocate. The court was here cleared for deliberation. On being reopened the judge advocate announced to the accused that the objection was overruled.) The commission then adjourned to meet on Saturday, January 21, 1865, at 11 o'clock a. m. COURT-ROOM, CINCINNATI, OHIO, The commission met pursuant to adjournment. All the members present; also the judge advocate and the assistant counsel, the accused and their counsel. The proceedings were read and approved. The examination of John T. Shanks, a witness for the government, was then proceeded with as follows: By the JUDGE ADVOCATE: Q. Was that conversation, between Mr. Fielding and yourself, upon the subject of this joint conspiracy? A. It was. Q. Give to the court this conversation. A. The conversation that occurred between Mr. Fielding and myself was exclusively as to the plan of attack. Q. State who this Mr. Fielding was. A. He was introduced to me by Colonel Grenfel. Fielding told me that he was an officer in the confederate army, but was under a fictitious name. Q. What was the date of this conversation? A. It was on the night of the 6th of November, 1864, at the Richmond House, Chicago, room No. 70. Q. Go forward with the conversation. A. We spoke of the plan of attack. He said that Captain Hines was to command the attacking party on the west side of the camp-that is, to attack the second division. (J. O. Brodhead, esq., of counsel for the accused, desired that the witness may be instructed that he is not at liberty to speak of this conversation in regard to any persons whose names he has yet not mentioned in connection with that conspiracy. In support of his position, the judge advocate read paragraph 2351, Wharton's Criminal Law, vol. 2, and par. 706, Wharton's Criminal Law, vol. 1. The court was then cleared for deliberation. On being reopened, the judge advocate announced to the accused that the motion made by Mr. Brodhead was overruled, and that the witness would give the entire conversation.) A. Captain Hines was to command the attacking party on the west side of the prisoners' square. Mr. Fielding was to command the attacking party on the south, Mr. Gray on the north, and myself on the east gate. Q. Who was Mr. Gray? A. He was a prisoner of war, and had escaped. Q. Who was Captain Hines? A. He was an officer in the confederate army. Q. Where was he then? A. Fielding told me he was in Chicago at the time. A. We were to have a meeting the next morning, at eight o'clock, to confer with each other as to the plan of attack. We were to have an explicit understanding as to the routine of the attack, so that there should be no difficulty or misunderstanding. Fielding said that Hines was stopping at Bridgeport, and that Gray was with him. Bridgeport is near Chicago; I think it is a portion of the city. Fielding left my room, I think, about half past one or two o'clock, and he said as he left, "Perhaps I may return before that hour, and I will give a certain rap, so that you will admit me." When I woke up, I found I was arrested. This was at the Richmond House, and was about three o'clock on the morning of the 7th of November. Q. Whom else did you see at the Richmond House at the time you were there, on the evening of the 6th ? A. I had conversation with a great many parties-one from Mexico; he told me and I addressed in Spanish, with which language I am acquainted. I met quite a number of men that were enlisted in this cause. A. I mean the release of the prisoners. The only man I knew was Colonel Grenfel; and I was introduced to Fielding and Ware. Q. How do you know these men were enlisted in this cause? A. I was told so by Mr. Fielding. He pointed out the men to me. Q. Did he say where they were from? A. Some from Canada, he said, and some from the south of Illinois. Q. When was it that Mr. Fielding pointed out these men to you? A. On the evening of the 6th. It was on the second or third floor of the hotel. We were all rooming on the same floor. Q. Whom do you mean by "we?" A. Grenfel, Fielding, Ware, and myself. Q. What were they doing when you saw them? A. They were passing in and out of the room. Q. In your conversation with Grenfel on the evening of the 6th did he inform you who was to take part in this; and if so, whom did he say? A. I asked Grenfel and Fielding where the men were to come from that were to accomplish this object, and in case any expenses were incurred, where the means were to come from. Grenfel stated that the confederate government was to furnish the means for the purpose of releasing the prisoners, and we were to have the co-operation of influential citizens of the north, but without stating any names, for the purpose of carrying out this object. He said some were to come from Canada, and others were to be supplied by the Sons of Liberty. Q. What do you mean by the Sons of Liberty? A. I do not know, except what I have seen in the papers. I understood it was a party that sympathized with them. I do not know anything about it personally. Q. Were any arrangements made between you as to concert of action in any way, or recognition, or anything of that kind? A. We were not to recognize each other outside of our rooms, and Grenfel requested that while in his room our conversation should be low. Fielding and myself were talking a little too loud, and Grenfel requested us to talk lower. Q. Did he give any reason why you should talk lower? A. He did not. Q. State whether any signals were arranged in connection with the attack; how it was to be conducted; and if you learned it from either Fielding or Grenfel. A. In the interview with Fielding, he stated to me that the signal for attack was to be the throwing up of a sky-rocket, and that the attacks on the city and camp were to be simultaneous. Q. Where were the troops or men to be that you were to command? A. I was to have my men immediately opposite the front gate. The attacking party on the other side was to be armed with guns; my men were to be armed with six-shooters, because I had to go up the public street, and the guns carried by the attacking party might attract attention. I made this as a special request to Fielding. We were to concentrate at the corner of Randolph and State streets, and go up on the cars at four o'clock on the evening of the 8th. We were to go up in squads. Some were to walk up five or six squares, and then get on the cars, that we might avoid attracting attention. Q. Who was to notify these men where they were to rendezvous ? A. Colonel Grenfel. Q. How many men was he to have? A. Mr. Fielding told me he was to have 700 or 750 men. Q. What was the number of men expected to come from Canada? A. Mr. Fielding told me about 500 men. Q. Who were these 500 men that were coming from Canada? A. Principally prisoners of war who had escaped from different camps. Q. How many men were to come from other parts of the country, and where were they to come from? on. A. Mr. Fielding told me there would be about 1,500 men that they could rely He said they were principally from Illinois. This conversation as to where the men were coming from occurred in Grenfel's room. They were coming principally from the southern part of Illinois. Q. Did you learn whether they were to come armed, or whether they were to receive arms after they arrived? A. They were to receive arms after they arrived. Q. Who did you learn that from? A. From Mr. Fielding. Q. Did he say where the arms were? A. No, sir. He said that they had plenty of arms. Q. Did Colonel Grenfel state to you with whom he was in communication in this place? A. He said to me he was in communication with Mr. and Mrs. Morris. Q. Any others? A. He stated that he had communication with parties at Toronto. Q. Did he name any who were at that place? A. He named a banking-house, the name of which I do not recollect. Q. State whether you learned if there was to be any reserve forces; if so, from whom did you learn? A. Mr. Fielding said to me that there would be a reserve of 350 men on the west side of the prison square. Q. Who were they to be commanded by? A. He said to me that they would be commanded by a gentleman of the name of Walsh; also another by the name of Marmaduke. I do not know either one of the parties. Q. Did he state who these reserve men were to be? A. A part of the men who were to be furnished; he did not say who. Q. Did you learn who Mr. Walsh was? A. No, sir; I did not learn at the time, but have since. Q. Do you recollect whether he gave his first name, or any title? A. I think he called him "General Walsh." I thought at the time it was some general in the confederate army. Q. In what capacity and under whose instructions were you acting? A. I was acting as a prisoner of war under Colonel Sweet. Q. For what purpose were you acting? A. For the purpose of ascertaining, if possible, the extent of this conspiracy. Q. Did you make reports to Colonel Sweet from time to time? A. I was in direct communication with him all the time. Q. Were you under any pay or employment at that time? A. I was not, sir. Q. Had you any promise of any pay or reward? A. No, sir; I had none. Q. Had you or had you not at that time made application to take the oath of allegiance? A. I had made application. Q. State if you learned from either Fielding or Grenfel what was to be the course of action after the prisoners had been released? A. We were to destroy the city of Chicago. Other camps were to be attacked at the same time, Camp Morton, at Indianapolis, Indiana, and Johnson's Island also. We were then to form a junction at some point not designated on the Ohio river, and afterwards to form a junction with Forrest in Kentucky. Q. State what you did with the money you received from Mrs. Morris. A. I handed it to Colonel Sweet. Q. Did you make any mark or sign by which you can in any way identify that money? A. I did, sir. A packet of money was here handed to the witness. Q. Is that the money that you received from Mrs. Morris? A. Yes, sir. Q. Explain to the court what sign you put on it. A. I put a Q in the corner of each bill, so that I might afterwards identify it. Q. When did you do that? A. On the night of the 3d of November. Q. Who did you give it to? A. To Colonel Sweet. Q. What is the amount? A. Thirty dollars. Q. From whom did you receive that money? A. From the hands of Mrs. Morris. Cross-examination by Judge WILSON; By the accused: Q. How long did you live in Texas previous to the time you enlisted in the confederate army? Answer. I was born and raised there. Q. How old are you? A. I am thirty-three years of age; my father emigrated to the State of Texas in 1828. Q. Who did you first enlist under? A. Under Henry McCullough. Q. In what capacity did you first enlist? A. As a private, sir. Q. Whereabouts were you located at the time you enlisted? A. I was located temporarily at Austin, Texas. Q. Do you remember who the captain of your company was? A. Captain Samuel J. Richardson, of Harrison county, Texas. Q. How many had already enlisted in that company at the time you enlisted? A. I do not know, sir. The company was raised in the eastern portion of the State, and I joined it as it came through Austin. Q. Had the company been mostly raised before you joined it? A. Yes, sir. Q. Who did you first converse with on the subject of enlisting? |