Newburgh Raid

The Newburgh Raid was an incident that occurred during the American Civil War. In it, Confederate colonel Adam Rankin Johnson captured the town of Newburgh, Indiana on July 18, 1862, using a force of only 35 men, mostly partisans he had recruited from nearby Henderson, Kentucky.

Prior to the raid, Johnson served as a scout for Nathan Bedford Forrest, just missing the Battle of Shiloh in April 1862, in south-central Tennessee, rejoining Forrest at the Confederate base of operations in Corinth, Mississippi. Johnson was ordered by Forrest to go to Henderson, Kentucky, to give a secret message to Mr. D. R. Burbank, a former employer of Johnson's.

Just before launching the raid, Johnson's partisans camped at the Soaper Farm in Henderson. With 35 men by Johnson's later count (other counts say 32), formed by combining three-man guards for John C. Breckinridge with recruits from Kentucky, to form a group of partisan rangers that would engage in guerrilla warfare.

The Raid
They crossed the Ohio River on July 18, with Johnson and two subordinates, Felix Akin and Frank A. Owen, sharing one boat and the rest of the force crossing via a flatboat. Prior to crossing, Johnson strategically placed two "Quaker Guns", actually made of stovepipes, charred logs, and the axles and wheels from a broken wagon, on hills that had a view of Newburgh, and vice versa. Johnson was unable to find enough firearms for all of his force, but was able to acquire enough horses for each man to receive a mount. Johnson allowed each of his men to decline to join him on the raid, but to a man they all wanted to accompany him.

The only defenders available for Newburgh were eighty soldiers convalescing at a makeshift hospital that was the Exchange Hotel, under the care and command of a Colonel Bethel, a Union medical officer. This hospital was itself a tempting prize for Johnson, as it had medical supplies, commissary items, and arms for 200 soldiers that were meant for two future companies of the Indiana Legion; all of which Johnson's forces needed. Fifteen miles away, five companies of the Indiana Legion were being raised, but would not be available to defend Newburgh until after the Confederates withdrew.

Johnson had crossed the Ohio River in a direct manner. The first stop for his men was the Bethel warehouse, a tobacco warehouse that also held 75 loose sabers and 130 pistol/holster sets. Now armed, his men went to the Exchange Hotel. When Johnson opened the door, he was immediately aimed at by Union rifles, but quickly informed the Union soldiers that they were surrounded and had no hope for success. The Union major in charge of the convalescing troops had told them not to resist, allowing Johnson a swift victory. Meanwhile, some of Johnson's men had captured Colonel Bethel. Johnson lent Bethel a spyglass to view the "cannons". John said to Bethel he would "shell this town to the ground" if resistance was made. This caused Bethel to tell his men to offer no resistance. After securing the items he desired, Johnson paroled the captured Union officers and soldiers, and returned to the Kentucky soil. Newburgh had become the first town in a Northern state to be captured.

Consequences
As a result of this raid, the governor of Indiana, Oliver P. Morton, was able to receive additional firearms and soldiers to defend Indiana from further incursions. Two Newburgh residents that had openly helped the Confederates were killed by a mob, an additional six residents were imprisoned in Indianapolis, four others left the town for good, and another went free after two hung juries.

Historian and former Union officer Edmund L. Starling said of the raid: ''"[Adam] Johnson performed perhaps the most reckless, and yet most successful, military masterstroke achieve by any commander of high or low authority, in either army during the war."

After the raid, Braxton Bragg had Johnson promoted to colonel. Johnson would forever be nicknamed "Stovepipe" for his success in this raid.

Every year, the event is commemorated by the reenactors Cobb's Key Battery at Henderson's Sunset Park.

Court docket transcripts of resulting trial
Transcript of the Appearance Docket Books Records of the U.S. Circuit Court Southern District of Indiana Indianapolis Division General Records Nos. 1-37, 1859-1908, Volume 1

APPEARANCE DOCKET

Date and Attorneys. Parties and No. 2821 Proceedings, Judgements, &c.

John Hanna

Indictment for Conspiracy The United States vs Andrew Huston July 31, 1862. Indictment filed; Cause No. 143 remitted from District Court; Capias ordered & issued and delivered to the marshal - Bail fixed at $1000. Feb 11 1863. Defendant entered into his Personal Recognizance for appearance on 1st day of next May Term in $2500. Feb 11, 1863. W. M. Bryan, Lewis Robinson, George W. Hueston, J. J. Bradley, M. McNeeley, James A. Easley, J. W. Easley, W. A. Pagott, Francis M. Neills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen by David McDonald entered into their Recognizance in $2500 for defendants appearance 1st day of May Term next. May 16, 1863. Nat Frasid defendant discharged.

APPEARANCE DOCKET

Date and Attorneys. Parties and No. 297 Proceedings, Judgements, &c.

John Hanna

Treason The United States vs Andrew Huston August 1, 1862. Indictment filed & capias ordered. August 4, 1962. Capias issued & delivered to Marshal. November 19, 1862. Defendant arraigned, plea of not guilty & jury impanelled (sic), and case submitted: November 22, 1862. Jury disagreed and discharged, and cause continued to next term of Court. February 11, 1863. Defendant entered into his Personal Recognizance in $2500, to appear on the 3rd Monday of May next; February 11, 1863. W. M. Bryan, Lewis Robinson, George W. Huston (sic), J. J. Bradley, M. McNeeley, James A. Easley, J. W. Easley, W. A. Pagott, Francis M. Neills, Samuel H. Mills, Joseph Phillips, and Charles W. Kichen (sic), by David McDonald entered into Recognizance in $2500 for defendants appearance 1st day of May term next. May 13, 1863. Jury impanelled (sic), part of evidence heard. May 14. Portion of the evidence heard. May 15. Evidence, arguments of counsel & charges of Court heard. May 15, 1863. Verdict of Jury “not guilty”.

Records of the U. S. Circuit Court, Southern District of Indiana, Indianapolis Division, General Records, Order Books, Mixed Cases (Nos. A-Z), 1837-1880, Vol. I.

Adjourned Term  August 1st 1862  17th Day

The United States No. 282		vs		Indictment for Conspiracy Andrew Huston Ordered that the defendant be required to give bail in the sum of one thousand dollars & that capias issue.

The United States No. 283		vs		Indictment for Conspiracy Jesse Fuller Ordered that the defendant be required to give bail in the sum of one thousand dollars & that capias issue.

The United States No. 284		vs		Indictment for Conspiracy Solomon Coker Ordered that the defendant be required to give bail in the sum of one thousand dollars and that capias issue.

This day the jurors of the Grand Jury appeared at the bar of this Court and returned into Court their eleven several Indictments for Treason each endorsed, “A True Bill, William P. Fishback, Foreman of the Grand Jury”, and not having finished the business before them again retire to their Room for further deliberation attended by a sworn bailiff.

The United States No. 285		vs		Indictment for Treason Jesse Fuller Ordered that capias issue herein.

The United States No. 296		vs		Indictment for Treason Taylor Mefford Ordered that capias issue herein.

Adjourned Term August 1st 1862  17th Day

The United States No. 297		vs		Indictment for Treason Andrew Huston Ordered that capias issue herein.

The United States No. 298		vs		Indictment for Treason Nathaniel Hicks Ordered that capias issue herein.

The United States No.299		vs		Indictment for Treason Robert Slaughter Ordered that capias issue herein.

The United States No. 300		vs		Indictment for Treason James Thompson alias James McConnell Ordered that capias issue herein.

The United States No. 301		vs		Indictment for Conspiracy William Phipps Ordered that capias issue herein, and that the defendant be required to give bail in the sum of one thousand dollars.

The United States No. 302		vs		Indictment for Conspiracy William Cauelin (?) Ordered that capias issue herein, and that the defendant be required to give bail in the sum of one thousand dollars. November Term  AD1862 November 19th  3rd Day

(Continued from a previous page) and upon his motions his bail is fixed at twenty five hundred dollars, and thereupon the said Jesse Fuller and Abijah (?) Humphrey acknowledge themselves to be indebted unto the United States in the sum of twenty five hundred dollars each, to be levied of their goods and chattels, lands and tenements if default be made in the conditions following to wit: That the said Jesse Fuller be and appear before this Court on the first day of the next regular term thereof, to answer unto said Indictment and not depart thence without leave of the Court.

The United States No. 297		vs		Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also; and the said defendant being arraigned upon said Indictment pleads not guilty thereto, whence upon a jury is called to wit; Joshua Seach, John H. Butler, William H. Bennett, Tobias M. Murphy, George McLean, John McDowell, Francis Willson, Franklin S. Jackson, Alfred Hayes, Henry F. Lippend, Alexander Johnson and Gordon F. Corlep, twelve good and lawful men of the District of Indiana, who being empanelled (sic) tried and sworn will and truly to try the issue and a true verdict give according to the evidence, after a portion of the evidence, by leave of Court and agreement of parties separate until tomorrow morning nine o’clock.

Ordered that court adjourn until tomorrow morning 9 o’clock.

(Signed) W. H. Swayne November Term AD1862 November 20 4th Day

The United States No.279		vs		Conspiracy Joseph Fuller Comes now John Hanna Esq prosecuting the pleas of the United States, and thereupon comes Joseph Fuller, John Hancock and Lewis C.Stinson, and each acknowledge themselves indebted unto the United States in the sum of one thousand dollars to be levied of their and each of their goods and chattels lands and tenements if default be made with the conditions following, to wit; that the said Joseph Fuller be and appear before this Court on the first day of the next regular term thereof, to answer unto said Indictment and not depart thence without leave of Court.

The United States No.297		vs		Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also, and thereupon comes the jury aforesaid, who after hearing the Concluding Evidence and a portion of the arguments of counsel, by leave of Court and agreement of parties separate until tomorrow morning 9 o’clock.

Ordered that Court adjourn until tomorrow morning 9 o’clock

(Signed) W. H. Swayne

November Term AD1862 November 21st 5th Day

The United States No.297		vs		Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also, and thereupon comes the jury aforesaid, who after hearing the Concluding arguments of counsel, and receiving the charge of the Court retire to their Room to deliberate upon their verdict, and by leave of Court and agreement of parties upon finding their verdict, they can seal it up and hand it to the Clerk, and separate until tomorrow morning 9 o’clock.

Ordered that Court adjourn until tomorrow morning 9 o’clock

(Signed) W. H. Swayne

November Term AD1862 November 22nd 6th Day

The United States No.297		vs		Treason Andrew Hueston And now comes into open Court the jury aforesaid, empannelled (sic) in this cause and report to the Court that after Mature deliberation and consideration of this case they find themselves wholly unable to agree upon a verdict, and that there is no prospect whatever of their being able to agree upon a verdict in this cause. It is therefore ordered by the Court that they be discharged from the further consideration of this cause; and that this cause stand continued for trial at the next term of this Court. Records of the U. S. Circuit Court, Southern District of Indiana, Indianapolis Division, General Records, Order Books, Mixed Cases (Nos. A-Z), 1837-1880, Vol. J.

Adjourned Term February 11th 9th Day

This day the Jurors of the Grand Jury appeared at the bar of this Court and presented their Indictment endorsed “A true Bill Charles H. Tist foreman” and not having finished the business before them return again to their room attended by their Bailiff.

The United States No.297		vs		Indictment for Treason Andrew Hueston Comes now into open Court said Defendant Andrew Hueston and acknowledges himself indebted unto the United States in the sum of Twenty five Hundred dollars to be levied of his goods and chattels, land and tenements if default be made in the condition following to wit: That the said Andrew Hueston be and appear before this Court on the first day of the next May Term of this Court, viz, on the third Monday of May next to answer unto said Indictment, and not depart thence without leave of Court.

The United States No.282		vs		Indictment for Conspiracy Andrew Hueston Comes now into open Court said Defendant Andrew Hueston and acknowledges himself indebted unto the United States in the sum of Twenty five Hundred Dollars, to be levied of his goods and chattels, lands and tenements if default be made in the condition following to wit. That the said Andrew Hueston be and appear before this Court on the first day of the next May Term of this Court, viz, on the third Monday of May next to answer unto said Indictment, and not depart thence without leave of Court.

The United States No.297		vs		Indictment for Treason Andrew Hueston Comes now into open Court David McDonald Esq one of the Attorneys of the Court in behalf of W. M. Bryan, Lewis Robinson, George W. Huston, J. J. Bradley, M. McNeely, James A. Easley, John W. Easley, W. A. Pagett, Francis M. Mills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen, and by virtue of a warrant of Attorney now produced and duly proved and acknowledged themselves to be indebted unto the United States in the sum of Twenty five Hundred dollars to be levied of their and each of their goods and chattels, lands and tenements if default be made in the condition following, to wit. That the said defendant Andrew Hueston be and appear before this Court on the first day of the next Term thereof, viz, the 3rd Monday in May next, to answer unto said Indictment and not depart thence without leave of Court.

The United States No.282		vs		Indictment for Conspiracy Andrew Hueston Comes now into open Court David McDonald Esq one of the Attorneys of the Court in behalf of W. M. Bryan, Lewis Robinson, George W. Hueston, J. J. Bradley, M. McNeely, James A. Easley, John W. Easley, W. A. Pagott, Francis M. Mills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen, and by virtue of a warrant of Attorney, now produced and duly proved, acknowledged themselves to be indebted unto the United States in the sum of Twenty five Hundred dollars, to be levied of their and each of their goods and chattels, lands and tenements if default be made in the condition following, to wit. That the said defendant Andrew Hueston be and appear before this Court on the first day of the next Term thereof, viz, the 3rd Monday in May next to answer unto said Indictment, and not depart thence without leave of Court.

Ordered that the Court adjourn until tomorrow morning 9 o’clock.

(signed) David Davis

May Term May 13th AD1863 8th Day

Ordered that the Clerk of this Court issue a Venire to the Marshal to summon 24 persons to serve as talesmen, on the Petit Jury of this Court.

Ordered that the Clerk issue a Venire to the Marshal to summon 24 more men to serve as talesman, on the Petit Jury of this of this Court.

The United States No. 297		vs		Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States and the defendant in his own proper person and by Counsel comes also and thereupon comes a Jury to wit, Benjamin McKein, Joseph Ridgway, Oliver W. Voorhis, James A. McIlvain, Amos McCally, William S. Dermat, John Meyers, Daniel T. Conde, Isaac N. Phipps, Alexander Sargent, Thomas McAdams and William Vanpelt, twelve good and lawful men of the District of Indiana, who being empanelled (sic), tried and sworn well and truly to try the issue and a true Verdict give according to the evidence; after hearing a portion of the evidence and by order of the Court kept together in charge of the Marshal, until tomorrow morning at the calling of the Court at 9 o’clock.

Ordered that the Court adjourn until tomorrow morning 9 o’clock.

(signed) David Davis May Term May 14th AD1863 9th Day

The United States No. 297		vs		Indictment, Treason Andrew Hueston Comes now on this day John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also and thereupon comes the Jury aforesaid and after hearing a portion of the evidence are taken in charge of the Marshal until tomorrow morning at the calling of the Court.

Ordered that the Court adjourn until tomorrow morning 8 o’clock.

(signed) David Davis

May Term May 15th AD1863 10th Day

Friday Morning 8 o’clock May 15th AD1863. Court met pursuant to adjournment. Present Hon David Davis and Hon Caleb R. Smith

The United States No. 297		vs		Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States, and the Defendant in his own proper person and by Counsel comes also and thereupon comes the Jury aforesaid, who after hearing the evidence, the arguments of Counsel and receiving the charge of the Court, retire to their room to deliberate and by leave of the Court and agreement of parties they have leave upon the finding of a Verdict to seal it up and return it into Court on tomorrow morning at the calling of the Court.

Ordered that the Court adjourn until tomorrow morning 9 o’clock.

(signed) David Davis

May Term May 16th AD1863 11th Day

Saturday Morning 9 o’clock, May 16th AD1863. Court met pursuant to adjournment. Present Honorable Caleb R. Smith

The United States No. 297		vs		Indictment Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his proper person and by Counsel comes also, and thereupon comes the Jury aforesaid and bring into Court the following as their Verdict, to wit, “We the Jury find the defendant not guilty”. Therefore it is considered by the Court that said defendant as to said Indictment, go hence without day.

The United States No. 289		vs		Indictment Treason William M. Brownlee Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by Counsel comes also, and upon being arraigned upon said Indictment pleads “not guilty”. And thereupon comes a Jury to wit, Benjamin McKein, Joseph Ridgway, Oliver W. Voorhis, James A. McIlvain, Amos McCally, William S. Dermat, John Meyers, Daniel T. Conde, Isaac N. Phipps, Alexander Sargeant, Thomas McAdams and Sutton Vanpelt, twelve good and lawful men of the District of Indiana, who being empanelled (sic), tried and sworn well and truly to try the issue and a true Verdict give according to the evidence; after hearing a portion of the evidence the arguments of Counsel, and receiving the Charge of the Court, and due deliberation had returned into Court the following as their Verdict, to wit, “We the Jury find the defendant “not guilty”. Therefore it is considered by the Court that said Defendant as to said Indictment, go hence without day.

Newspaper transcripts of resulting trial
Daily Journal Monday Morning, August 4, 1862

Indictments by the United States Grand Jury

The Grand Jury of the Circuit and District Court of the United States, during their three weeks session, have performed more labor than any jury ever before assembled at the Capital. Near two hundred witnesses were sworn and examined. Sixty indictments were written by the attorney for the Government and returned by the jury, sixteen of which, were for treason, and against the following persons: Jesse Fuller, Solomon Coker, Nathaniel Hicks, Theodore Applegate, Noah McCallister, Thomas Cole, Andrew Mefford, Wm. Brownlee, John Huest, Adam R. Johnson, Richard Lambert, William Lukens, Andrew Huston, Taylor Mefford, Robert Slaughter, James Thompson alias James McConnell. There were also eighteen indictments returned against persons for conspiracy to take and possess the property of the United States, and thirteen for conspiracy to defeat the operation of this law. The character and objects of a secret organization were inquired into and fully exposed and found to be a hot bed of treason. The country owes this jury a debt of gratitude for their thorough investigation. It is deemed impolitic to make public the names of other parties indicted until arrests are made. Daily Journal Saturday Morning, November 22, 1862

The Treason Trials - The case of Andrew J. Houston, indicted for treason, was submitted to the jury on yesterday afternoon in the U. S. Court. Hon. John Hanna, the U. S. District Attorney, made the opening speech to the jury, commencing on Thursday afternoon and concluding yesterday morning. He was followed by the prisoner’s counsel, Hon. David McDonald. The District Attorney closed the argument in the afternoon, after which Judge Swayne charged the jury upon the law of the case. The law of 1790, for the punishment of treason, and the amendatory act of 1862, were explained and authorities read touching upon the points in issue. The Court instructed that the Constitutional provision requiring two witnesses to prove an overt act of treason ought not to be construed to mean that two witnesses were required to substantiate each one of the averments of the indictment, but that the testimony of one witness to a specific charge would be sufficient to prove guilt, if the general charge of treason was proven by at least two witnesses. Of the weight of the evidence to sustain any or all of the averments, of course, the jury were the sole judges. As this case is an important one, being the first treason trial of this war, in the United States, we may be justified, now that it is in the hands of a jury, in giving a statement of it as we have gathered the facts from the evidence we have heard, and the summing up of the facts by the attorneys on both sides. The government witnesses testify that on the 18th of July, last, while the guerrillas were crossing the Ohio river to make a raid upon the town of Newburg, Houston came to the ferry-boat “to see the fun.” He was vouched for as “being all right” by an acknowledged traitor, and was permitted to cross over with them in the boat, while other men were refused. On arriving at the wharf he went up into the town with the man who had vouched for him, passed two rebel pickets without being halted or challenged, went into the hospital and carried off arms, and pointed out a livery stable where “good horses” could be found. On the other hand the defendant’s witnesses testify that his object in crossing over was to see a sick child, whose illness he had heard of but the day before, and that he was not giving aid and comfort to the raid, but was simply in company with them, returning to his home. The fact that but one witness had testified as to the carrying away of the arms by Huston, when all of Newburg might have been able to have seen it, was dwelt upon by the prisoner’s counsel as going to show that the witness must have been mistaken. We presume the verdict will be rendered sometime during today. Daily Sentinel Monday Morning, November 24, 1862

Trial for High Treason

On the 18th of July last, Johnson’s band of guerrillas, from Kentucky, twenty-seven in number, made a raid upon Newburg, Warwick (sic) county on the Ohio river, and captured from a storeroom which had been used for a hospital the following property, owned by the State, and which was intended for the defense of the border: 84 guns, 100 swords, and 100 pistols, designed for cavalry service. They also took from the hospital occupied by invalid soldiers a few pieces of ordnance, a chest of medicine, and some commissary supplies. The only private property taken was three horses, one of which has since been returned. Andrew J. Huston was arrested and indicted as an accomplice of the band, and his trial for high treason came off in the Circuit Court of the United States for this district, last week, occupying three days, Judge Swayne presiding. The facts elicited in the trial of the case are, in substance, as follows: Huston was in the employ of one McAllister as overseer of the farm of the latter in Kentucky, about three mile from Newburg. The family of Huston resided at Newburg, and it was his habit to go home every Saturday afternoon and return to his work on Monday morning. On the day before the raid, Mrs. Huston requested the ferryman to send word to her husband, by the first person that went past McAllister’s farm, that his family was sick and needed his immediate attention. He received the message on Friday morning and immediately started home. When he got to the river bank, on the Kentucky side, all of Johnson’s men had crossed over. They impressed two ferry-boats into their service, and twenty-two crossed in one and five in a skiff. One boat was on the Kentucky and one on the Indiana side. The ferryman was on the Indiana side when Huston reached the river; Johnson had declared martial law in the town; pickets were placed on duty; the ferryman was held a prisoner by two guards detailed for the purpose, and he was compelled to ferry over two loads of the property captured. When the ferry-boat reached the Kentucky shore, it landed about four hundred yards below the regular landing. Huston asked to get on to cross. He was directed by the ferryman to go to the landing, and when about to step on the boat the rebel guard asked who he was and his business. Senior Mefford told the guard “he was all right;” that he had a sick family in Newburg, and he was then permitted to go on board. Johnson had proclaimed that he did not intend to disturb private property or private citizens, but that he was after Government stores and arms. When the boat landed at Newburg, the guard took Brownlee, the ferryman, with Huston, to Johnson, who was at the hospital paroling prisoners, and he was released. Huston walked with the picket guard to their station, when he was permitted to pass the guard line towards his home. He visited his family. Mrs. Lance, who was proven by four or five witnesses to be a common prostitute, and by one that she was not of sane mind, testified that she heard Huston say, on his way home with the guard, that “there were as good ones there as ever was rode,” without indicating in any possible shape or seeing him accompany them to the livery stable from whence the three horses were taken, what horses he alluded to, or where they were. Another witness, Huxford, testified that he saw Huston carrying three or four muskets towards the river, passing by his tin shop. Quite a number of guerrillas were also carrying muskets at the same time. He identified Huston by his wearing a black felt hat, but he could not describe his appearance in any other respect. Another witness swore that Huston on that day had worn a palm leaf hat. He saw him leave Mr. McAllister’s farm with it on, and saw him with it on the afternoon of the same day the raid occurred. Huxford was evidently excited when giving his testimony. There was no evidence to show that Huston was present when the muskets and the horses were taken by Johnson’s men. Lancott, another witness, who was on the Kentucky side when Huston reached the river, testified that Huston, upon being asked what he was at the river for, said that he came “down to see the fun.” On the boat crossing the river, it appeared in the testimony that Huston remarked it was a pretty home guard to let twenty seven men capture a town of a thousand people. Subsequently, he realized that there were six cannon on the opposite side of the river, and that the guerrillas would shell the town if they made any further resistance. These are the main points of the evidence in the case. Judge Swayne charged that the jury must accept one side of the testimony, and reject the other. There were three counts in the indictment. In referring to that clause in the constitution which says “no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act,” the Judge placed the following construction upon it: In his opinion it did not require the evidence of two witnesses to prove the charge in each count, but it was sufficient to convict if the first or second count was proven by one witness, and third or fourth by another. It was enough that the indictment was maintained as a whole on the testimony of two witnesses, without reference to each count. Judge Swayne has the reputation of being a great lawyer - a constitutional lawyer, and he may be right in this construction of the constitution, if his opinion is correctly reported. Let us test it by common sense. The prisoner is charged in one of the counts of the indictment with an “overt act” of treason. This is sustained by only one witness. Is it possible that this can be a conviction within the meaning of the constitution? Will the Judge of the Supreme Court of the United States venture such an opinion? We are unwilling to believe that Judge Swayne, occupying the high position that he does, will jeopardize his position as a citizen, as a lawyer, as a Judge, by such an opinion. If so, all the guarantees of the constitution to the citizen are not worth the paper upon which that instrument is written. We hope that Judge Swayne will not risk his high reputation as a learned lawyer and a patriotic citizen, by disregarding, for partizan (sic) purposes, all the protections, all the barriers, which the constitution has provided for the protection of those who owe it allegiance. His charge evidently leaned against the prisoner. The jury were out twenty hours when they sent a request to the Judge to dismiss them, as there was no possibility of an agreement. At midnight, we understand, they were equally divided. The Judge dismissed the jury, and the prisoner was remanded for another trial. Huston is a poor man. He depends upon his daily labor for the support of his family. Counsel, Hon. David McDonald, was assigned him by the court. His only witnesses were prisoners who were in confinement upon charges similar to his own, except two who happened to be present at the trial. The indictment was weakly drawn, but no effort was made to quash it. The determination evidently being to try Huston upon the merits of the case. He had no means to procure testimony or to employ attorneys to hunt it up. But he had good counsel, and his case was ably managed. This is the first case of treason to be tried in Indiana; and this fact, with the peculiar circumstances attending it, give it an unusual interest. From the evidence, we think it unfair to infer that Huston meditated treason. He was not connected with the band, nor did he appear to have any knowledge of the raid until he came to the river to cross home, in obedience to the summons of his wife to attend upon his sick family. Under the circumstances he was placed, part of the time a prisoner, he may have used expressions which could be construed into giving information to the guerrillas. But his expressions of astonishment while crossing the river that a town of a thousand inhabitants should permit a band of twenty-seven men to hold it in subjection and capture public property; his willingness to be one of a band of ten to drive them out; his previous good character and proven loyalty, are corroborating evidences to show that no crime was intended against the Government. It has been said that the jury stood according to their political sympathies. There was no knowledge on the part of the jury of the political sentiments of each other. A discussion of political questions was forbidden by the Court, and the jury themselves prohibited any conversation that would give any indication of the party bias of each other. In this connection it is just to the jury to say that the report of the testimony in the Journal of Saturday is not correct. If the evidence had been as represented, the jury would have agreed upon a verdict of conviction. We have no knowledge of or sympathy with Huston; but let justice be done, though the heavens fall. If guilty, he should be punished; but no matter how humble or how high the person may be who is arraigned for crime, all the rights of the citizen should be respected and maintained. This every Court should regard as its first duty. Daily Journal Saturday Morning, May 16, 1863

Treason Trials

The following is the conclusion of the evidence in the case of the United States vs Andrew Huston:

Daniel H. Huxford - Live in Newburg. - Was there July 18th. Saw Huston that day on Water street above my place of business, coming down the street. He came past the picket, and crossed over to Bethel’s store, and was not to my knowledge challenged by the picket. He was halted in front of Bethel’s store, but continued on. Crossed on State street where there was a picket, had some conversation, and then went towards the hospital. I next saw him at the crossing of State street, having some guns on his shoulder going towards the river. I saw him after the guerrillas left. I saw no other persons carry arms, but the guerrillas and a boy. He had a dark colored hat on, broad brim and low crown. Cross examined: My shop is on Water street, one hundred feet from Captain Bethel’s. When I first saw Huston he was going up Water street above Bethel’s store. Persons were in front of it. - Recollect Franklin Bethel was standing there but no other person. Was at the time in front of my shop standing on the pavement. Mr. Coker lived over my shop at the time. The South front of the shop fronts on the river, the North on Water street. From the windows up stairs one could see what was going one at the ferry landing. I was about one hundred feet from Water street. Didn’t stay there all the time. Was part of the time in front of the building joining it. Was at my shop when the guerrillas came in. Was halted by them near Dr. McCall’s. They would not let me go on, and I turned back, went to my shop, and remained on the pavement all the time. They halted me about 1 o’clock. It was near an hour after that before I saw Huston, between two or three o’clock. It was raining when I saw him, and had been raining considerably hard when I saw him, and the hardest rain was about that time. The last rain was but for a few minute. I was standing near my door when I first saw him. Could see the corner of the Main hospital. There was very little rain when he was carrying the guns down. There were little showers that evening. Only recollect that he had on a low, dark colored hat. Did not hear Huston say anything to the picket on the corner. When he left us, he went up the street. Saw Beach that day. Didn’t think Huston spoke to Beach. The last I saw of him going up, he was in front of Beach’s grocery. It was about an hour after he returned with the guns. He was going towards the river. Did not see him return from that direction.

C. L. Hollis - Live in Newburg. Before that lived in Henderson county, Ky. Was in Newburg, July 18th. Was druggist in the hospital taken by guerrillas; knew some of the persons who took the hospital. Johnson and others, fifteen or twenty persons, were inside guards, and carrying arms; knew some of them, as I was raised with them. There were pickets out around the hospital. I came in after the hospital was taken. Pickets were thrown out a mile beyond the hospital. Passed two in going to the hospital, fifty to seventy-five yards off, and pickets near the hospital at the door. Besides the armed rebels, I saw Huston (who is sitting here,) Mefford and Carney. Huston was standing in the entrance, where the stairs go up, and was talking with the rebels. Mefford and Carney were doing the same thing. Huston was at the door or near it. As I passed up stairs he said, “I don’t suppose the abolitionists will like it.” - He was there five or ten minutes. I was not in a place where I could see him all the time. The soldiers were put in a long room and sworn before Huston was in the hospital. He was there at the time the paroles were issued. He was in the hospital before I got my parole. The arms were in my charge. Most of them were in a little room, which was pointed out to the rebels after the soldiers were sworn. - This was about the same time I saw Huston. They commenced carrying them out as soon as they were pointed out. There were a hundred guns. Some citizens could pass the guards, and some could not; knew none but the three named. They were passing around as if not under guard. I talked with the Captain up stairs and in the dining room. At that time Huston was standing on the stair-way, 25 feet off. I think I was pointed out to the rebels, but I don’t know by whom. - Johnson and Griffin were in the hospital at the same time with Huston. Had seen Huston for four years. Cross examined - When they first came over I was at home, about two squares from the hospital. Had started down about the time they got to the hospital, where they had been some ten minutes when I got there. Tried to escape, but found pickets behind me and could not get away. Had been at the hospital about two hours after I went down before I saw Huston at the hospital. Saw some citizens arrested. They didn’t permit any in the hospital, but passed them up above the hotel. Was passing up stairs within two feet of Huston, when he said he didn’t suppose the abolitionists would like it. There were five or six around him. He was in his shirt sleeves. I think he had an old black hat on. Turpin made out the paroles. Had the book with their names before I came. A parole was made out for me too. I took it, and tore it up right before Johnson. Belonged to the 25th Indiana then. Dr. Tillman was in charge. Did not “sass” Johnson when I met him, for I feared he would call up an old grudge.

Mr. Scales was called but his testimony was unimportant, and the prosecution rested. The defense then called their witnesses.

Nathaniel Stanley. - I live in Kentucky. On the 18th started from my brother’s below, and had come up to a blacksmith’s shop, when a man came in and said the guerrillas were going up the river. This shop was on Green river. It was Robinson’s shop. It was between 9 and 10 o’clock. I went up to the river after getting my work done. Came up to Noah McAllister’s. While there read Johnson’s proclamation and took dinner. Found Huston there and three ladies - a school mistress, a Miss Robinson. No other men were there but Huston and McAllister.. While eating, the proclamation was read aloud by the school mistress. I was ask - ask (sic) where I thought the guerrillas were going? McAllister said they had passed. I said they had crossed at the mouth of Green river before I did. I said I supposed they were going to Newburg or Owensboro. Huston said, “If they were going to Newburg he wanted to go there; that some of the company knew his son, and he was afraid they would induce him to go with them.” They got their horses and went up with me. When I got home it rained and I went in, and didn’t go up farther. Huston was McAllister’s overseer. Knew of no acts of McAllister’s showing complicity with the rebels. I rode up with them a mile or a mile and a half. My house is a mile below Newburg. McAllister spoke of going to his brother-in-law’s, Mr. Shelby. Do not remember anything being said of Huston’s family being sick. Cross-examined - Huston said his boy was in Newburg. He said he wanted to go and keep them from getting his boy to go with them. My house was 170 yards off the road. Saw them two or three hours after I went to my house. Saw no teams going to Newburg, but coming from there. There were two or three teams, McAllister’s team, a mule team and wagon was one. Don’t know what was in it, nor who drove it. My team was driven by an overseer. I think they said they loaded it with guns. There was another team brought from over the river. They took my team that night but sent it home. The overseer came back that night but didn’t bring the team. He left that night and didn’t come back. McAllister has no grown son. I knew Capt. Johnson and Lieut. Griffin when they were boys. The guerrillas were in Henderson when I was there the day before. They had pickets out; didn’t pass any. They were in the town, but only across the street, near the Hancock House, while they were getting the guns. Did not know they were going to take Newburg. I told McAllister I supposed they would, because they had been at Henderson the day before. Did not know that they were in the neighborhood till then. My overseer was Cosby; he had been there all spring. Direct, resumed. The rebels asked me for my team and a driver. I told them it was against the law, and I would not give my consent, and my wagons should not go. The other guerrilla said he must have a team, and told Cosby he must go with him. This was without my consent. They took my wagon down from my own field, and took McAllister’s after to put the guns in. They got it after I had been home two or three hours. They took McAllister’s (John McAllister’s) wagon after that. He lived half a mile below me on the Indiana side of the river. I live four mile above the mouth of the Green river. When the guerrillas passed I gave the alarm to no one, because there were no persons passing then.. Don’t know that McAllister gave any alarm. All the people along there lived on the river road, which passed my house.

Elias Murphy. - I saw this Newburg raid. Was on the Kentucky side of the river; plowing corn that day for Sam Blancet. Guerrillas came up at dinner time. Was asleep at the corn bin when they first came up. Saw Huston after they came up, an hour after I think. Noah McAllister came with him. Saw the rebels start for the Indiana shore an hour or so before Huston came up. Saw a boat come back with horses and wagon in it. Did not see what they took out of the boat. After it came up, I went to it, so did Huston, Blancet and Lance. Two armed guerrillas were on the boat. Huston asked one if he could cross over to his family. He guessed not. One of them asked if he had a family? Brownlee spoke of Huston’s child being sick, when the guerrilla said he might go. They didn’t examine me, but one of them felt of Huston and said he had no arms. Heard nothing said on the bank about the people of Newburg letting the guerrillas take the town. Old man Mefford, his small boy, Brownlee, Huston and myself went over. Didn’t see where Huston went when we got to Newburg. It was raining then. It was 3 or 4 o’clock. - Were a third of the way across when the rain began. Saw the second boat cross while we were crossing. We met about a third of the way across, one-quarter of a mile below us. - Didn’t see the third boat cross. It rained when we landed, and ten or fifteen minutes after. When we were talking about Huston and I going across, didn’t hear Mefford say anything. Examined Huston for arms just as they left the shore. He had on a white straw hat and cotton pants. Brownlee said when Huston asked to go over, “That man ought to go over, because one of his children is very sick. I know his child is sick.” I went to Huston’s ten minutes after I got out of the boat. I think the child had a chill. It was tolerably sick. My wife was there. She staid there that night. Huston’s wife is her sister.(Italics mine). Cross-examined - My house is sixty or seventy yards from the ferry - the first one on the bank. Didn’t see Huston start off. He was talking with Brownlee. Mefford was six or eight feet below him. Don’t know how long they staid there. I jumped right out after the boat landed; they were together. Went right to my house and in ten minutes to Huston’s. He was not there then. I saw him in a few minutes after. He hallooed that he was coming. I heard no talk between Mefford, Blancet, or Lance and the guerrillas. I was busy. [The witness here detailed the conversation between Lance and the rebels in regard to his cap.] Huston said nothing about his sick child before Brownlee spoke of it. He was on the bank, got aboard the boat, and we started right off.. Huston and I pulled over. The guerrillas were on the back end of the boat.

Wm. Brownlee - I ferried the boat back with the guerrillas to the Kentucky shore. One of the soldiers tended the ferry till noon. The guerrillas came about 12 o’clock. Had been to Sol. Coker’s. I was up stairs. His barkeeper said the town was full of guerrillas. Didn’t believe it till I saw them from the corner of State and Water streets. I was halted at the corner. I said I had had no dinner, and my family was sick. They would not let me pass. Directly a man came and wanted me to ferry him over. I told him after we got on the Ky. shore I wanted him to tie the boats. I had charge of both boats. He said I had to ferry them over. He threw his gun down to my breast and said, “I will kill you if you don’t.” Directly a wagon came with two guards in it, and they took me along and made me ferry them over. We landed three hundred yards below the regular landing. When I started up to the landing, and got 50 yards, I saw Huston, who said he wanted to go over. I told him to come to the landing, Mefford was with him when he came to the bank. Huston asked if he might cross over. The guerrilla said if he lived there he might. I had sent word to him early in the day by Cosby, that his child was sick. Blancet, Lance, and Elias Murphy came aboard the boat. They made Blancet and Lance get off. Huston said his family was sick, and he lived on this side of the river. They said they would let him go over. He was in his shirt sleeves, and they felt of him and said he had no weapons, and could go over. When we got over, the street run straight to Mefford’s house. These men guarding me said he could not go till he got leave of Johnson, I suppose. They took him to the corner of Water and State streets, and I did not see him anymore. Mefford went right up the street. Don’t know what was in the wagon I took over but bread. The second boat started from the Indiana shore, as I did from the Kentucky shore. We crossed over four hundred yards apart. We were one hundred and fifty yards from the Kentucky shore when it rained. Huston was in his shirt sleeves; had on a white shirt, and wore a straw hat. In coming over Huston sat by me and it rained over. Mefford was with the two men. He and Huston had not been friendly. When we landed, in eight or ten minutes I went up past Bethel’s store. It was up two squares, one hundred and fifty yards, where they left me. Huston went up State street to the man where he had to get leave to go home. Didn’t notice him after he got the length of the building, seventy-five feet off. Did not observe him crossing the vacant lot. He told these two guards that his family were sick, and they would be scared to death. He never got leave of the guards till I took the second load, the last load that went over. On the second boat were guns, which they carried up by the armful. It went over between my two trips. There were six horses and four men on my boat. After Huston came with me I got leave of Johnson to go and get my coat. I gave the guerrillas no aid, except as I was compelled to. I know Lydia Lance. Know her general reputation. It is bad. Crossed-Examined - I was up stairs over Coker’s grocery when I first heard of the raid. Jack Cosby and two others were there, playing cards for drinks, cigars, etc. Had been playing most of the forenoon. When I come out I came on the guards on the corner near the hospital. When I found I could not go past, I went back to Sol Coker’s. There were no guerrillas there then. Saw one man drinking there then. It was not Johnson. Coker’s bar keeper, Jo Fuller, was there. Johnson and Fuller didn’t drink at the same time with Huston, but drank together. Fuller proposed to drink to the Southern Confederacy. Coker said he drank to the “Union and the Constitution;” he would be damned if he would drink that health. Fuller said, “I will drink your health if you will not drink mine.” They drank to the “Union and the Constitution.” This rebel didn’t say a word. I then went out. I didn’t drink at all then. [The witness here detailed his first crossing of the river.] There was no one in the boat with me when I went up from below to the regular landing. Mefford came aboard before Huston and was not challenged. Sent word to Huston by Cosby, Nat. Stanley’s overseer, that morning about 10 o’clock. I next saw Cosby on the Kentucky shore, at 2 or 3 o’clock, when the boat landed. He was coming down the bank with a wagon and two or three guerrillas, and loaded up the arms the last time. I went over. Did not see him drive off. Had no talk with him but about Huston’s child. Cosby had a skiff of his own. After I ferried over the first load I went home for my coat. I live not quite two squares from the landing; about half a mile. I got leave to go home at the corner of State and Washington streets. I got my coat and had to go back to where I got leave to go home. I was gone five minutes. Then I ferried over another load. Huston’s boy is well grown; didn’t see him. Didn’t know where he was. Could not have escaped from my house to the country, for there were guards beyond. Passed only one guard going home. Didn’t see Huston from the time he went for leave to go home till we were all arrested, 10 or 11 o’clock that night. Direct resumed - I went home because I was cold and wet. They said I might go home if I would come back. Mefford’s son and Jim. O’Connell were standing guard, and Mefford said, “if he don’t come back, I know where he lives, and I’ll make him wish he had come back.” It was from that point not over half a mile to my house. I came back because I was afraid. Did not know that Cosby was a guerrilla. Have not seen him since that day. The guerrillas asked me to go with them, I told them “I had gone too far for my own good.” They would not let me take the boat back, because they said they might want to use it that night, but I might take the skiff. Question by a juror. - How long did it rain after you came over from the Indiana side? Not over fifteen or twenty minutes. It was a kind of a drizzle. Had ferried that morning two men to the Kentucky shore. One of them was Dr. Watkins. Saw him in Spottsville. Took them over early; it was not more than sun-up. Joseph Fuller when he proposed to drink to the Southern Confederacy, had been drinking right smart. Did not see Jesse Fuller. Daily Sentinel Saturday Morning, May 16,1863

United States Court- The trial of Huston for treason was continued yesterday, and the case given to the jury. The charge of Judge Davis was a very able one, and pronounced by the bar to be fair and impartial. The argument of the case consumed the whole day, and it was closely protested by the counsel on both sides - fought inch by inch. The District Attorney and his assistant made the most out of a very weak case, supported by flimsy circumstantial testimony that there was in it, and their points were skillfully met by the defendant’s counsel. The argument for the government was opened by Mr. Harry Kiger, in a speech occupying two hours in the delivery. In which he made a masterly summing up of the testimony to suit his view of the case, commented on the law bearing up on the crime of treason, and threw in some very eloquent passages. It was a very able effort. Judge McDonald spoke first for the defense. The Judge is one our veterans in our higher courts. He is usually dry and logical, but yesterday he was logical and not dry. His feelings seemed to be deeply interested in the case, and would flush out in brilliant jets. His speech was one of the finest efforts ever made in the court room. Mr. Joseph E. McDonald followed. His speech we did not hear, but report speaks of it as worthy the occasion. The District Attorney, Mr. Hanna, closed for the Government. He had the giants of the bar to contend with, and with no disrespect for the Grand Jury who found the indictments, we think he had a weak case to support, and he had to put forth strength to bring it up, and he marshalled (sic) his columns with ability worthy a stronger and better cause. The cloud that for some time hung around the Newburg raid has blown away. The public mind at first set strongly against certain citizens of that place, and the suspicion seemed likely to grow into a belief that they had in some way invited the invasion by the Rebels of their homes. But time has not developed evidence to strengthen the suspicions at first set afloat, and men at this distance are able to take a clearer view of the surroundings. The hour was late when the charge was given and nothing was know of the verdict when we went to press.