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marked C. The evidence showed that Corporal Kelso went to the saloon to stop a drunken row and that Private Fitzpatrick was justified in shooting Finley, who was at the time assaulting the corporal, he was therefore released, copy of verdict appended marked D.

After the prisoner was released Lieut Hentig came into town with his whole command and fearing that the mob would come in again as soon as he left and demand the soldier, I thought it advisable to come to Austin with Lieut Hentig, which I did bringing my soldiers with me, knowing that with the small force I had I could not resist the force Dr. Powell had.

I will state from conversation I had with citizens both union and rebel I am fully convinced that had I not turned the soldier over to the civil authorities and acted as I did, that myself and

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---------- Reopened for Editing 2023-03-24 10:28:32