Question. Were there any threats uttered against you after your arrest and before you release in relation to your testimony? If so state what they were and by whom made.
Answer. If there were any threats against me I never heard them.
Question. Have you not staed that threats were made by those who held you in custody as to your giving evidence?
Answer. No, sir; I have not.
Question. At any time since your release have or have not some of the home guard made threats to you concernof your testimony?
Answer. I do not remember any threats being made against me or anything about it.
Question. Can you state whether any of the home guard about Georgetown have threatened the life of the accused?
Answer. I can't say whether I ever heard any of them threaten his life. I have heard them talk about him a good deal, but whether they ever threatened his life or not I don't know. I don't remember what they did say.
There being no further questions to ask the witness, the testimony he had given was read to him by the judge-advocate, and after the reading was finished the witness requested that his testimony might be explaned and corrected in the following particulars:
In his reply to question 21 by the accused he wishes to add:
I did not know at that time that I was wanted for a witness but was told so afterward.
In his reply to question 17 of the judge-advocate he wishes to add:
That the men who were in there I supposed to be Magoffin's soldiers but I did not know whether they were or not; they did not say that they were.
The witness was then dismissed.
JAMES R. HUGHES, a witness for the prosecution, was recalled.
Question. Do you or do you not know anything in regard to a disturbance that occurred at Georgetown, Pettis County, Mo., in which a soldier of the United States was or were killed?
Answer. I was not in Georgetown that day but at Sedalia. I saw Mr. Magoffin when he was brought in by some of Colonel Marshall's men. I know nothing of the killing.
Question. Had you or had you not any conversation on or about that time with the accused on the subject of the death of one or more soldiers in the U. S. service who were reported to have been killed in Gergetown about that time?
Answer. Yes, sir; I had. Well, sir, Mr. Magoffin being a friend and neighbor of mine as soon as I heard he was arrested I sought from Colonel Marshall a permit to visit Colonel Magoffin, giving as my reasons I wished to take home any message or have arranged any business he might desire. He gave me the permission and accompanied me in person. Mr. Magoffin in that interview told me of the shooting at Georgetown; how he came there; what he came for and then the difficulty that arose afterward; and told me that if he had not believed that they were home guards he would not have surrendered himself. I had another interview at Lexington to the same effect, and our interviews were always in the presence of officers and our conversation was restrained.
Question. What did he say about the shooting?