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[page 759] what you saw right there then? A. I am inclined to think he was not in sport all the time. I think he used to get vexed occasionally at Peters awkwardness, and punished him in that way. Very likely he was in sport some times and in other some vexed. Q. Do you think the engineer was doing it for the purpose of hurting him? A. I dont know what his intentions were. Q. Did you think at the time the man suffered from cold or from any injury inflicted on him in your presence? A. Yes, sir. Q. Did you remonstrate with the engineer? A. No, sir. Q. Did you say a word to him about it? A. No, sir. Q. Did you sport with them A. No sir Q. Did you mention it to anybody? A. I have spoken of it occasionally one time and another. Q. Did you report it to any officer? A. No sir Q. Did you think there was any occasion for reporting it to any officer? A. I was given to understand he was a sort of officer and I supposed he could do as he pleased.