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.

ALABAMA-SUB-COMMITTEE. 1555
Answoer. I do not remember whether it was or not.
Question. Was Dr. Smith or his horse shot?
Answer. No, sir.
Question. Neither of them were injured?
Answver. No, sir; that is what he said; I never saw it.
Question. Did it ever occur to the committee in that examination that it was a most
remarkable escape, that ten men lying in aimbush so close to Dr. Smith could have fired
upon him and neither lie nor his horse harmed?
Answuer. It was a little uncommon, it is true.
Question. You would think they were very had marksmen?
Al nswer. I know the negroes arc all that way-they are excitable creatures.
cQuesion. Would you think it possible that ten shots should have been fired at a man
and his horse so near as they were, and not one take effect?
Answler. Yes, sir; that is very possible; with them that is possible, from the fact that
the first shot frightened the horse so that he was in full speed in the night, and in a
sort of bush.
Qu.estion. But I understand the horse wheeled and came right past the men in ambush?
AnsICer. That is the statement of the negroes, that the horse ran back and was near
all of them.
Question. Did the committee think the whole tale a little marvelous?
Ansicer. No, sir; they believed it every bit true. They believe the statement of the
negroes, and I believe it too; and every other man who heard it believes it. I have no
doubt in my own mind but that they told the truth. There was some little variation in the statement of it, I suppose. I did not hear all of them, but I heard others
talking about it.
Question. From the evidence it appeared that those unskillful marksmen were within
eight or ten feet of Dr. Smith at that time?
Answer. I suppose the first ones, from what I heard and their statements, were not
more than eight or ten feet; the others might have been further; they might have
fired after he passed; they all fired in confusion-a sort of muss.
Question. Was one charlged with this attempt upon his life a negro boy, and did he
make a confession that lie fired a shot, and was he afterward discharged upon learning
that hle was holle on that night?
Ansiwer. I did not hear these boys who were discharged there make any confession.
Question. Did you hear of such a case as that?
Answier. I heard that they never fired, and that they were not there, but they had
been there and broken ranks; but I do not know that. I heard that was so; I talked
very little with them.
Question. You asked the question of Lewis, did you not?
Answer. I did. He was the first one made confession. He was the leader of the
band.
Question. Did the others make confession?
lnswer. Yes, sir; they said they did; I do not know.
Question. All of them made confession?
Ansiwer. I heard so. I did not hear it myself.
Question. You heard only Lewis's confession?
Answecr. I heard one or two others, perhaps, say that it was all so; that they were
guilty; but I did not quiz them to inquire. After I got the first statement I was satisfied
the boy had told about the truth, and I did not care for any more.
Question. You have no information or belief that Lewis, at the time he made thatl
confession, had been whipped?
Answer. I have no reason to believe he had, for I did not examine him or hear any
talk of it.
Question. Is it your supposition that if whipped at all he was whipped after he made
the confession?
1Aswer. I have no idea when he was whipped.
Question. You believe he was whipped?
Answer. I reckon he must have been, from the statements of these men who examincl hinm.
Questionl. A whipping would be deemed by you the best method of compelling a confession, would it not?
Answccr. Well, no, sir.
Question. What would he have been whipped, after he had made the confession, for,
on his way to jail?
Answer. I do not know.
Question. There would be no motive to whip him after he made the confession on his
way to jail?
Answer. I do not know of any. I do not know that they had any occasion to whip
him at any time.