Colorado to the Brazos he commanded the rear guard, that the prisoner with two others when near San Felipe having stopped at a stream of water were requested by witness to proceed. that the two persons accompanying prisoner complied, hut the prisoner replied he was thirsty & did not appear disposed to proceed, that witnesses waited & gave prisoner sufficient time to drink, & again requested him to proceed which he refused to do. Witnesses shoved the prisoner with his hand, to make him go on, prisoner turned round & brought his gun to a charge bayonet. witnesses thinks the prisoner cocked his gun, witness believes the gun was loaded, prisoner advanced some steps towards witness in a threatening manner, witness retreated. Question by prisoner. Did you not strike me several times? Answer, No. Sergeant Smith being duly sworn deposed & says that a few days since (thinks it was while the army lay near St. Felipe.) in the discharge of his duty he ordered the prisoner to mount guard. prisoner refused & said he would not untill he was court marshalled. Prisoner did not go on duty. Prisoner has been frequently excused from duty on account of sickness. Prisoner has seldom been on duty. Corporal Synder being duly sworn deposed & says: That on this night the army encamped at St. Felipe he was Corporal of the guard, missed prisoner at the guard fire, prisoner was one of the guard witness went in search of him, could not find him in camp, found him next morning at the branch, by direction of the Capln. witness with two others arrested him, went with him to find his gun & knapsack, found the latter in a house outside of the lines, & his gun in another place. Prisoner could not be found in camp during the night. prisn. marched with his compy. as far as the house just outside the lines, witness found the prisoner between 8 & 9 OClk in the morning, gave the prisoner no leave of absence during the night, prisoner gave no reason for being absent. Dr. Bomar, Surgeon, being duly sworn deposed that the prisoner is & has been fit for duty ever since witness first saw him at Velasco. The testimony then closed- The prisoner objected lo Captn. Turner as one of the Court, alledging as a reason that Captn. T. was predjudiced against him. The Objections of the prisoner was unanimously overruled.
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