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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:

war Department, Provost Marshal-General's Bureau, Washington, April 20, 1865.
To Dr. J. B. Merritt, Agent, Canada West:
Sir:--I have been informed that you possess information connected with a plot to assassinate the President of the United States and other prominent heads of the Government. The bearer has been sent to present this letter to you, and to accompany you to this city. If you will come, the Secretary of War authorizes me to pledge you protection and security, and to pay all expenses connected with your journey both ways, and in addition to promise you a suitable reward, if useful information is furnished. Independent of these considerations, it is hoped that the cause of humanity and justice will induce you to act promptly, individualizing anything you may know connected with the recent tragedy in this city, or with any other plots yet in operation. The bearer is directed to pay all expenses connected with your trip.

Very respectfully, your obedient servant,

James B. Fry, Provost Marshal-General.

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