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Before the Military Commission, Montgomery swore himself to be what he was known to be within a few hours after he came to Toronto.
Q.--“During your stay at Canada, were you or not in the service of the Government, and seeking to acquire for its use information in regard to the plans or purposes of the rebels who were known to be assembled there?”
A.--“I was.”
Q.--“To enable you to do this, did you or not deem it proper and necessary that you should assume a different name from your real name, and under which you now appear before this court?”
A.--“Yes, sir, I did.”
The style of the examination of Montgomery by Judge Holt, indicates a very complete understanding between them of what amount and quality of “swearing” was to be done.
Montgomery was a person of infamous character, certainly so known to the United States Marshal at New York city, for he had been a frequent prisoner in the “Tombs prison” of that city, and had been convicted in the New York courts for the crime of robbery.
Dr. James B. Merritt appeared and testified before the Military Commission.
He says that he came from Canada in response to a letter, which he produced, as follows:
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