Question. He was not at home?

Answer. No, sir; he had been some time absent before I left for Saint Louis. I left the early part of July.

The prisoner declined to ask any question of this witness.

JIHN T. K. HAYWARD, citizen, a witness on the part of the posecution was duly sworn.

By the JUDGE - ADVOCATE:

Question. Where do you reside?

Answer. At Hannibal, Mo.

Question. Are you an officer of the Hannibal and Saint Joseph Railroad Company?

Answer. Yes, sir.

Question. In what capacity are you employed?

Answer. Superintendent.

Question. Do you remember the date when Salt River bridge was first burned?

Answer. My recollection is that it [was] about the time of the fight at Monroe.

Question. About when?

Answer. About the 10th or 15th of July I think.

Question. About what time was it burned a second time?

Answer. I think it was about the 5th of September.

Question. about what time were certain cars burned at Hunnewell or near there?

Answer. When the bridge was burned the first time.

Question. How many cars were there burned?

Answer. I think not more than three.

The court adjourned to meet at 2 p. m. on this 22nd day of January, 1862.

JOHN GROESBECK,

Colonel Thirty - ninth Volunteers, President.

HENRY BINMORE,

Assistant Adjutant - General and Acting Judge - Advocate.

JANUARY 22, 1862 - 2 p. m.

The military commission met pursuant to adjournment.

PRESENT: Colonel John Groesbeck, Thirty - ninth Ohio Volunteers, president; Lieutenant Colonel Charles J. Tinkham, Twenty - sixth Illinois Volunteers; Captain Henry T. McDowell, company A, Thirty - ninth Ohio Volunteers; Captain David C. Benjamin, Company I, Thirty - ninth Ohio Volunteers; Captain Henry Binmore, assistant adjutant - general, acting judge - advocate and recorder.

The case of Thomas S. Foster was continued.

JAMES M. MORRIS, citizen, a witness for the prosecution was duly sworn.

By the JUDGE - ADVOCATE:

Question. Where do you reside?

Answer. At Hannibal, Mo.