at any time after that within the limit of ten days did you ever hear the accused say that he abandoned or wived that right in any of the negotiations you had with him.
Answer. Yes; it was agreed. To the second question he did not.
Question. State to the commission the contents of the paper written by Colonel Brown at the house of the accused on the night of the 9th of December as accurately as you can give them.
Answer. I read that paper but once and as well as I recollect it promised Mr. Mgoffin protection in person and property and imposed upon him an obligation not to give aid or comfort to the enemy and not to take up arms agaist the Government, and to extend until the 20th of the month. I think it was signed by General Steele, commanding officer, by Colonel Brown.
Question. How did that paper impose any obligation upon the accused?
Answer. Only by its face.
Question. This paper carried by you to the accused (the last safequard) says: "Whereas Ebenezer Magoffin, formerly a colonel in the army of the Southern Confederacy, has given his parole of honor that he will not in any manner by word or deed aid, assist or give countenance to the enemies of the United States. " Do you know whether accused had given such parole? If so where did he give it and to whom?
Answer, I do not know of his having given such parole unless by his acceptance of the safeguard be the giving of a parole.
(The above reply being objected to by the accused the commission cleared the room for deliberation, and when the door was reopened the president announced the decision of the commission to be that the reply should be recorded with the words. "As I considered it" stricken out.)
Question. Do you know whether or not there existed in and around Sedalia about that time a bitter personal hostility against the accused entertained by the home guard or soldiers of the U. S. forces?
Answer. I can't say just at that time; but previous there was and I would not suppose that it had died out.
It being 3 pion adjourned to meet on Monday, February 10, at 10 a. m.
SAINT LOUIS, MO., February 10, 1862 - 10 a. m.
The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer.
The accused, Ebenezer Magoffin, also present.
The proceedings of Saturday, February 8, were being read by the judge-advocate when at the suggestion of the commission and the accused the further eading was dispensed with on the ground that the entire day's proceedings, the testimony of the witness, James R. Hughes, would during the morning be read to him and to the commission.
The examination of JAMES R. HUGHES was resumed.
By the ACCUSED:
Question. Do you know whether the accused was commissioned as a colonel in Price's army, or raised a regiment, or in any capacity acted as an officer belonging to that army? If so state what you know.
20 R R-SER II, VOL I