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inquired the distance they lived from here, and was informed about 12 or 15 miles, but that is was likely they would be here on the 3 o'clk p.m. train, it was then about 10 o'clock a.m. The Judge stated he could not keep the jury waiting all day, and that if the prisoner was not tried, he would be confined until next term of Court,- six months, or give bail. The court then took up some other case. thinking that the trial was deferred until the arrival of the 3 o'clk train I left the courtroom. An hour or so after I returned and found the man on trial, his witnesses being still absent. He was tried on two counts the prosecuting atty. admitted he did not prove the 2nd Count. As I understood him, the judge in his charge (as I understood him) directed the jury that they could not find the defendant guilty, according to law, on the first count, but left the second to their consideration. The jury found him guilty. His council then stated that the law of North Carolina made the punishment of killing a hog, unmarked, $10 fine. The judge stated that owing to the state the Country was in, this principal of marking hogs could not be attended to. The hog sworn to have been stolen by the defendent had no mark on him. So the judge did not give to the prisoner the benifit of this law of North Carolina, though the place where the hog was stolen from was in possession of the U.S. Government for over 2 two years. Sentenced to receive 39 lashes on the bare back and to be discharged, this Sentence was inflicted. There was but one witness, the reputed owner of the hog, against the prisoner. When the train due at 3 oclock P.M. arrived, the three witnesses for the prisoner came to me and stated that they were not summoned until about 10 o'clk. a.m., about the time the prisoner was tried, and did not arrive until after the Sentence was carried out. They came as quickly as possiable. They further stated to me that they could over
