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Scottsville Ky
Com th. of Kentucky
vs
Frank Porter
Upon a Habeas Corpus Proof before the county Judge A S Walker Sworn States I was at home on the th day of July 1863the a gun at the rear of the house when the man by the name of Siper who was in the rear of the house I afterwards saw a man with a discharged gun in his hands who said he had killed the man He was in a position when he shot to have Killed the man I did not Know the man I saw all the men on that occasion engaged in the attack some I recognized I Knew but did not see Mr Porter at any time during the attack or at any other time at the hospital there was some 30 odd federal soldiers at the Hospital and there was some 25 of the Gurrillas -- The came with a yell & the firng commencd immedatly it lasted but a few minits no shots were fird from the Hospital -- I saw same men that I knew who were never in
engaged or connected with the Confedrate army so far as I Know After the firng ceased at the Hospit I saw two or three men ride off whoes faces I did not see -- The men who made the raid ^were dressed^ some in Buckskin & some in brown Janes very much worn=the man was pointed as captain had on gray uniform with a hunting shirt over it -- the man who was pointed out as capt gave an order that no man was to go into a private house or touch private property Mr Grey seemed to have as much influence as any over the men
A A McKendry sworn states I was in town when when the attack was made last summer upon the Hospital by southern soldiers it was about 5 oclk in the moring when I woke up I heard the horses first going in the direction of the Hospital when the firng Commended I took my wife & children in a plas of safety I went round to the Hospital I saw some men that I knew & who I knew had volunterrd into the Southern army -- When I got to the fence I met a man by the Berryman who I Knew very will who had his pistol in his hands trying to revolve it who said he had killed a Damned Yankee I do not know that Berryman joined the confederate army but I saw him in the confederate army at Bowling Green acting in the capisity of a soldier Berryman had a brother then that I knew also a man by the name of Harper
I saw the Berrymans one of them one time & this time both to gether some of these men were dressed in Gray cloths & others as citizens I saw Mr Porter in the confederate army in the 6th Ky Pages old Company I had two brothers in the same regiment
T A Griffin sworn states that he was in town when the Hospital was captured in same town last summer I saw Mr Porter after the Hospital was taken -- I heard him say he was there when the hospital was taken and after that he said he stood picket near Mr Kigers or Mrs Mayers -- in that same conversation he said he came for the purpose of capturing the Federal soldiers & the public property here & after that was done he went on picket & whin he found that the soldiers were taking public private property he said he did not come for that purpose & got another man & started toward the Eppersons springs at the same time he said he did not fire a gun that he had not been with those men long & only came to capture Soldiers & public property
C C Kiger sworn states was at home when the raid was made on the Hospital last summer I saw all these men as they came up in town after the firing Mr Porter came riding down the pike by my house I went out to the gate & saw it was Mr Porter it was after the firing & he had about time enough to ride to the Hospital & back from the time the men passed my house going up into town
A J Johnson sworn & states was at home the morning of the raid on the Hospital after the firing ceased I saw a man ride down the pike very leasurely & I could not have told it was a soldier which I took to be Mr Porter but I was not positive very shortly afterwards he returned back up towards town -- but before he had time to get up into town the same man returned & spoke to some person in Mr Huters
2 3
But I do not think would certainly have known him -- but from the fact that several told me that it was Mr Porter who rode up & down the Pike
I hereby certify that the foregoing pages contain the evidence as taken before the judge of the Allen Court upon the hearing of the Habeas Corpus for the purpose of giving bail in the caes of the Com th of Ky vs Frank Porter upon indictments for Murder & Robert d 1865
G. M. Mulligan