Question. At that interview what if anything did the acused promise or pledge himself to do?
Answer. I could not say that he promised anything; I do not recollect that he did.
Question. You say that in going upstairs to the room in which Colonel Brown and accused were you found that they had not touched the matter of arrangement. How did you find out that fact?
Answer. They were talking upon other matters.
Question. After you, Colonel Brown and accused started for the house of accused and after the arrival of all at his home was there any conversation on the subject of the arrangement or its terms before the safeguard was written by Colonel Magoffin?
Answer. Not within my knowledge.
Question. Was anything said at your house by Colonel Brown or yourself as to the propriety or impropriety of making stipulations with the accused on account of the perturbed condition of his mind?
Answer. Not that I remember.
Question. Have you no recollection of being told by Colonel Brown that he considered the acused as on the verge of insanity?
Answer. After we had left Mr. Magoffin's house on our return to my house Colonel brown told me that he believed that Colonel Magoffin's mind was seriously threatened.
Question. Was or was not the main object of the interview at your house to make an arrangement by which the accused could have the privilege to see his wife then supposed to be in extremis?
Answer. Yes, sir.
Question. After Colonel Brown and the accused did take up the matter of the arrangement were you present during the whole of the interview till the arrangement was made?
Answer. I am under that impression for the reason that the first question was on the part of Colonel Brown: "Well, Mr. Magoffin, what is it that you want?" Mr. Magoffin's reply was to be privileged to return home to see his wife.
Question. Why did Colonel Brown and you go with Magoffin to his house?
Answer. It was known there were some scouts in that neighborhood and that Mr. Magoffin could not in all probability get to his house without we accompanied him. It was known to Colonel Brown and myself.
Question. Where and when was the privilege granted to the accused by Colonel Brown to go to his wife?
Answer. It was granted verbally at my home before 12 o'clock on Monday night, the 9th.
Question. State all who went from your house to Magoffin's that night with the accused, and how they went.
Answer. The driver (George), Colonel Brown, Colonel Magoffin and myself.
Question. Was or was it not the object of Colonel Brown it thus going to insure the safe conduct of the accused to his home?
Answer. Yes, sir.
Question. Have you no recollection of the accused entering into terms at your house with Colonel Brown that he would not for a limited period take up arms against the United States or give information to the enemy?
Answer. The mere fact of my understanding that such would be the case, that I don't remember that it was spoken of. I took it for granted that that was the understanding; otherwise I would not have had anything to do with it.