March 15, 1865—11
o'clock a. m.
The commission met pursuant to
adjournment. Present, all the members; also the judge advocate and assistant
counsel, the accused and their counsel.
The proceedings of yesterday were
read and approved.
The judge advocate announced to
the commission and the accused that Colonel Spooner had received leave of
absence for a few days for the purpose of going to Washington city, asking the
accused if they had any objection to his being absent from the commission ;
they all and severally replying that they had not, and that Colonel Spooner
would be allowed to resume his seat upon the commission, after having read the testimony which should have been taken during his absence.
John Phelps, a witness for the
defense, was then introduced, and being duly sworn by the judge advocate,
testified as follows :
By the accused:
Q. Please state to the court your
name and place of residence. A. John Phelps; I
reside in Ogle county, Illinois; I have recently
been a merchant; I am at present on my farm. Q. Did you ever reside in Austin,
Texas? A. I did, sir; I moved to Austin
in the fall of 1857. Q. Did you know John T. Shanks?
A. Partially; I had no particular acquaintance with him.
H. Ex. Doc. 50 27
Q. Did you ever know of his having
been arrested there? If so, what for!
(Objected to by the judge
advocate. Objection withdrawn.)
A. In the summer of 1859 I was
absent; during that time John T. Shanks was
arrested. I had been in Illinois and in New York,
and when I returned I understood from my friends in the city that he had been
arrested.
(The judge advocate objected to
this class of testimony.)
Q. Where was John
T. Shanks at that time?
A. He was in prison, as I
understood.
Judge
Advocate. I object to hearsay testimony.
Q. State, if you know, the
reputation and estimation in which John T. Shanks
was held in the city of Austin.
A. His reputation was very bad.
By Judge Wilson:
Q. Do you know any other person in
Austin named John T. Shanks?
A. I do not, sir.
Q. Do you know what his occupation
had been?
A. He was a clerk in the land office,
so I understood, but I never saw him in the performance of his duties as such.
Cross-examination by the Judge Advocate:
Q. When did you first become
acquainted with John T. Shanks?
A. It was between the fall of 1858
and 1861.
Q. When did you first see him?
A. I first saw him to know him in
my store; I had no particular acquaintance with him.
Q. Where did you first meet him?
A. I believe, as far as I can
recollect him I first met him in my store.
Q. What kind of store was your
store?
A. It was a dry goods store.
Q. What was he doing there?
A. I do not know; he may have had
some business to transact.
Q. Were you introduced to him?
A. I may have been; I do not
recollect?
Q. When did this happen?
A. Perhaps in 1858; 1 cannot tell
the particular time.
Q. Was it in 1856?
A. No, sir; it might have been in
1857-'58 or '59.
Q. You recollect Shanks coming
into your store, but you do not recollect the year?
A. I do not.
Q. How is it that you do not
recollect the year, and yet you can remember the name?
A. Because I cannot keep the
records of the year in my head.
Q. Can you recollect one
circumstance better than you can recollect a whole year?
A. I do not know, but I recollect
well of seeing Shanks there.
Q. What kind of a looking man was
he?
A. I do not know; I think he was
rather a spare man, of a light complexion.
Q. How tall was he?
A. I paid no particular attention;
perhaps he was medium sized. I cannot recollect the color of his hair or eyes.
Q. Did you ever see him since?
A. I do not recollect of having
seen him since.
Q. Who did you first hear speaking
about him?
A. I cannot tell you, for there
were so many.
Q. What year was it when you came back?
A. It was either 1859 or 1856.
Q. Had you heard anything said
against him before that arrest?
A. No, sir; I never heard anything
for or against him.
Q. Who did you hear speak against
him?
A. I do not recollect
particularly; it was people who came in my store. I cannot tell you of a single
name.
Q. What did they say about him?
A. They all concluded that he was
guilty of forgery.
Q. Was that all they said about
him?
A. I think so; I recollect of
nothing else.
Q. How then do you state that his
reputation was bad?
A. I heard it by hearsay.
Q Did you not state that you never
heard anything charged against him only that he was guilty of forgery?
A. I did not hear anything else
against him. I never heard anybody say anything about his truth and veracity.
Q. What did they say when they
spoke about this forgery?
A. The general conversation was
that he had been forging a land warrant, I think.
Re-examination by E. J. Asay, esq.:
Q. Did they say anything in
reference to his arrest?
A. Yes, sir.
Q. Did they say what had been done
with him?
A. He was there in jail in the
city of Austin.
Q. Did you hear anything of the
State legislature offering a reward for his arrest?
(Objected to by the judge
advocate.
The court was cleared for
deliberation.
The court being reopened, the
judge advocate announced that the objection was sustained.)
Q. Did you know of any appropriation
having been made by the State of Texas to pay the expenses of the arrest of John T. Shanks?
A. I do not.
Q. Was there by act of legislature
any such appropriation?
A. I understood that there was,
but I never examined the records, and I was somewhat interested in it, for the
man who arrested him was largely indebted to me.
By the Court:
Q. When did you leave Oregon county, Illinois, to go to Texas?
A. I left in 1857.
Q. What were you doing in 1852-'53?
A. I was in business at Oregon,
and Peoria, and several other points.
Q. How long were you in business in Illinois)
A. My son and son-in-law were in
business at Peoria and other points sixteen or seventeen years.
Page
417 House Documents, Otherwise Publ.
as Executive Documents, 13th Congress, 2nd… 1867
by United
States Congress. House - History
- 1867 - 240 pages
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