Question. You say that at the hog-pen on Saturday accused said he desired to accept a perpetual parole. Did he state on what terms or conditions he would take it?
Answer. The conversation there at the hog-pen commenced by his telling me that the condition of his family was such that it was a necessity for him to remain at home; but that as to any requirement on the part of the Government from him I do not remember that anything was said.
Question. Did or did not the accused in that context say that he would be glad that you would get one for him so that he might examine it, or words to that effect?
Answer. I do not remember that he did.
Question. Was Mr. Hardin present at the conversation?
Answer. He was.
Question. In that conversation was there anything said by accused of his willingness to take the oath of allegiance to the Government of the United States?
Answer. No, sir; not that I remember.
Question. When you brought the paper to the accused next day and he asked you to read it to him you say a discussion arose as to its nature and effect. How did that discussion result?
Answer. It was entirely as I remember upon how he should treat his returned friends and relations and after my expalantion he made no response.
Question. Did he read the paper himself while you were there or did he have it in his hands before you left?
Answer. He did not read it while I was there. After I had finished reading it he or myself laid it on the mantel. It was upon the manter and I remember telling him that it might fall in the fire. He then took it off the matel and I never saw it afterward until I received it inclosed in his letter at Sedalia.
Question. In that conversation at the hog-pen or in that the next day when you brought to him the paper was there anything said by the accused or yourself about the expiration of the ten days he had asked to think of the matter?
Answer. No; not hat I remember.
Question. State to the commission the character of the accused and your means of knowing what that character is.
Answer. I have known Mr. Magoffin for four years personally and previously to that time for a number of years from character. My personal knowledge of him is that of a perfect gentleman. I have never heard directly or indirectly any personal charges made against him or intimations; and as to his friendship I believe he would have suffered martyrdom rather than haave knowingly placed me in a delicate position in the matter.
Question. You have spoken of the condition of mind of the accused at the time the arrangement was made at your house with Colonel Brown and have said he was then not entirely himself. Do you know what view the accused had of that arrangement? Confine yourself in your answer to the period before he was charged with breaking his parole.
(The above question being objected to by a member of the commission the room was cleared for deliberation, and when the door was reopened the president announced the decision of the commission to be that the question should not be put.)
Question. Was or was it not distinctly agreed at your house by Colonel Brown that the accused was to have ten days to determine what he would ultimately do with the Government of the United States in the way of arrangement? If your answer be in the affirmative say wheter