Question. At the interview with the accused was anything said or agreed upon as to the accused reporting himself to the commander of the disrict or post, and if so was any time or place designated?
Answer. There was a conversation relative to his meeting the commander of the post for the purpose of making ana arrangement by which he could remain at home but no time or place agreed upon. Two days afterward I saw the accused at his house and he said that he would prefer not to go to the post for the purpose of the interiew referred to, alleging as a reason that there was a bitter feeling against him and he feared that he would be subject to violence-at any rate to being annoyed.
By the ACCUSED:
Question. At that interview (the first) did the accused see or read or have read to him the first safeguard before you left his house?
Answer. He did not.
Question. You say there was something said in the first interview about the accused going to the commander of the post; where was that- at Hughes' house or at the residence of the accused?
Answer. At the house of Colonel Hughes.
Question. Did the accused at any time, eitherat at the first interview or the second, abandon his expressed desire to take time of ten to fifteen days to consider what he would ultimately do as to remaining at home?
Answer. He did not. I had no conversation with him in relation to that subject except at the first interview.
Question. At the second interview what seemed to be the condition of the mind of the accused? I mean as compared with its condition when you first met him.
Answer. I could make no comparison, as in the second interview the deep affliction he was in seemed to absent all other feeling as he was at the fueral of his wife.
There being no further questions to ask the witness the testimony he had given was read to him and he then requested permission to add as follows:
In the first interview at the residence of Colonel Hughes his mind was so much distracted that he was unable to keep up a connected conversation, and so evident was the distress under which he was laboring that I was impressed with the idea that he was bordering on insanity and so expressed myself to Colonel Hughes.
JAMES R. HUGHES, a witness for the prosecution, was duly sworn.
By the JUDGE-ADVOCATE:
Question. State your name and rank.
Answer. James R. Hughes.
Question. Are you acquainted with the accused?
Answer. I am.
Question. Do you or do you not know anything in regard to the reported giving of a parole by the accused? and if so state the time, its terms and circumstances connected therewith.
Answer. I do. On the 9th day of December, 1861, I went to Sedalia to see if I could not get a parole for Mr. Magoffin, and after I had reached Sedalia I saw Colonel Brown and represented to him that I had been a practicing physician of Mrs. Magoffin. I told him that her case was a very critical one and that I very much desired that Colonel Magoffin should be enabled to get a parole; that I believed his wife would die; and represented the case in as humane light as I could- as I was justified in doing-that he might be with her. After holding said interview with Colonel Brown he immediately went to General Steele. General Steele and