Report of the Joint select committee appointed to inquire into the condition of affairs in the late insurrectionary states, so far as regards the execution of laws, and the safety of the lives and property of the citizens of the United States and Testimony taken.

1554 CONDITION OF AFFAIRS IN TIE SOUTHERN STATES.
Answer. They did not know. I did not understand when or where, or under what
circumstances.
Question. Did you examine his back to see whether he was whipped, at the time he
confessed?
Answer. I did not.
Question. How do you know he had not been whipped?
Answer. I do not know. I do not say he had not been. I did not see anything of
the kind.
Question. What did he confess?
Answer. He confessed that he and eight others had banded together to kill some
white men in the country.
Question. What white men?
Answer. Dr. Smith was one, Beeman was another, and another was Oakley, and
Bradley; they were the fobr, I heard.
Question. Was he only one who made a confession?
Answer. He is the only oneI heard. After he confessed, I went home and did not go
back until next morning, and did not pay much attention, as there was a crowd there;
and they went before the magistrate to make the confession. I did not hear any particular confession.
Question. Who else heard the confession?
Answer. Doctor Evans, Mr. Hildreth, Mr. Beeman, Mr. Alston, Mr. Cooper.
By Mr. BUCKLEY:
Question. Give their full names.
An.wer. Lewis Simmons, sr., Dr. Josiah Evans, Mr. James Hildreth, William Beeman, Volda Alston, and Mr. A. W. Cooper, I think; I do not know whether he
heard it; he heard Lewis's confession, I know.
By the CHAIRMAN:
Question. Where was this confession made-in what room in Jefferson?
Answer. It was made right there; this, I heard, was in front of Mr. Hudson's store.
Question. Were you and the others called up as witnesses to hear the confession?
Answer. Well, I suppose we were requested to examine and find out.
Question. Who conducted the examination?
Answer. Well, no particular person; Mr. Cooper sometimes, and Dr. Evans sometinies, I suppose. There was no leader in the committee.
Question. Who called that committee together?
A nswcr. The citizens there might. I do not know. I was requested by some of the
eit izens.
Question. I want to know who requested you?
Answter. I do not remember who it was.
Question. Was Dr. Smith present at the examination?
Answer. I think he was about there, sir; I am not certain. I did not pay any particular attention whether he was there or not. I would not know. I know these
other men.
Question. He was the party most interested in the matter, was he not?
lAnswer. Of course, he was interested in it.
Question. Did Lewis confess that they had fired upon Smith?
Answer. He (lid; he said they had fired upon him.
Question. Did lie confess that they had fired upon him with the intention of killing
him?
Answler. Yes, sir.
Question. How near to Smith did he say they stood?
Answer. He said one of them was as near as I am to you, (eight feet.)
Question. How near were the others?
Answer. The first man was very near him and frightened his horse, and the horse
turned and ran back, and ran away right by the others; they were posted along a
fence in a sort of ambush, and he passed them all in going back until he got to the
last one, and that frightened the horse and he ran back again and passed the others,
and they fired as he passed. That was the confession of the boy and that was Dr.
Smith's statement.
Question. They were very close, then, to him?
Answer. Yes, sir.
Question. How many shots were fired; did Lewis say?
Anlswer. There were different opinions about that; he did not know and nobody
else; there were a good many, they said. I did not see it myself.
Question. How many did Smith say?
Answier. They could not tell; they all fired, in a sort of confusion altogether. Some
supposed eight or ten.
Question. Was that a moonlight night?