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4 
[[stamp]] THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]] 

The Defence then introduced William J. Mallard who being sworn testified that he was a Confederate soldier under the command of Col Arthur Hood, a cavalry officer of the Confederate States. That when Hood retreated from this section of county across the Altamaha he gave orders to his men to seize all horses or mules on their side of said River belonging to the United States or Branded W.S. Acting under said orders he seized the mule in controversy in the name of the Confederate States, and reported said capture to his commanding officer. Owing to the "[[freshet?]]" in the river, he was not able to carry said mule across said River and the collapse of the Confederacy found witness in possession of said mule. From after said collapse, Capt. Tullis, a Federal officer was stationed in Riceboro. Witness received a summons from Capt. Tullis to report immediately at his headquarters, to answer the complaint of Morris Le Conte in relation to said  mule. Witness reported in four or three days, as ordered, where Capt. Tullis inquired into the matter, and informed witness that he considered said mule a lawful capture, first by the Confederate States, and next by the collapse by the Confederacy, a re-capture by the United States. That inasmuch as William J. Mallard, the witness, was in possession of said mule, when an order was issued by the Federal Military Authorities, allowing persons to