written in ink amid much distress in the family. There was but one piece of paper to be found in the house and that small, and the safeguard was necessarily expressed in few words. I do not recollect the exact language used.
Question. In your statement you say that on the 15th of December you were directed by Colonel F. Steele to leave another safeguard in case the accused should determine to accept it. Do I understand you to say that the parole was given and the first safeguard delivered to the accused with a view merely to allow him to visit his family; or was it with the understanding that he was to become and remain a loyal citizen?
Answer. When I met him at the residence of Colonel Hughes on the night of December 10, 1861, I said to him that I had been ordered by the commanding officer at Sedalia to offer him the protection of the Government, so that he could visit his family and remain at home if he chose to do so. I also stated that Colonel Steele had been advised that such was the wish of the accused. The accused replied: "I wish to see my wife; and as I have been exposed to the weather, sleeping out on the prairie at night, I am not in a condition to think intelligibly, as my mind is so harassed, and I wish ten or fifteen days to give an answer" (it was in answer to a proposition for a permanent safeguard), and that in the meantime he would give a decision. I then told him that I would give him the safeguard for the limited time he wished, and took his parole. At the time of the giving of the first safeguard the accused was not viewed in the light of a prisoner of was further than the giving of the safeguard and the receiving of the parole woul constructively make him so; that he would be at liberty at the time the safeguard expired to leave his home and place himself in the same position as before I met him-that is, as an enemy. The proposition to the accused to visit his family was volunteered by the Government.
Question. Would you recognize the safeguard last written by you if shown to you?
Answer. Yes, sir.
Question. Is this the safeguard? (Showing paper, marked B, and attached to these proceedings.)
Answer. Yes, sir; this safeguard was written on the 15th, but dated back to the 10th, at the time when I received the parole. The object of so doing was to correct any supposed imperfections that might have existed in the first.
By the ACCUSED.
Questio. How far is Hughes' residence from the home of the accused?
Answer. About ten miles, I should judge.
Question. Was the safeguard, the first one, written at Hughes' or after you and the accused went to his house?
Answer. After I went to the house of the accused.
Question. Did you give the paper to the accused in person after you wrote it?
Answer. I did not. I went to his room to give it to him, and he was holding his wife in his arms, who was supposed to be dying. I handed it to a member of his family-his daughter, I think. It was given in accordance with the agreement made at Colonel Hughes's house.
Question. Have you ever seen the first safeguard since you wrote it, and are you sure that anything was written in that paper about loyalty to the United States?
Answer. I have not seen it since I wrote it, and I have only a general recollection of its terms, and am not positive whether the word loyalty to the United States was used. I think it was.
Question. In the conversation you have already recited between you and the accused at Clear Creek, and afterward elsewhere, was anything said by the accused about the insufficiency of the safeguard to protect his property from the depredations of the soldiers of the United States? If so, state what it was to the best of your recollection.