Answer. I don't know that he said anything he taking it for granted I knew of it and that he would not have shot the two several times on that occasion if he had not supposed they were home guards. He certainly said he shot twice-either at that interview or some subsequent interview.
Question. Did the accused tell you that he shot twice at that interview or some subsequent one?
Answer. I could not say which.
Question. Did the accused say anything at either interview about\ the effect of his shot?
Answer. Not that I remember.
Question. Will you state the date of the two interviews?
Answer. Somewhere about the latter part of August, if the surrender of Lexingtown was on the 19th of September.
By the ACCUSED:
Question. What did the accused say he went to Georgetown for that day?
Answer. He went after a pair of shoes or boots and tobacco.
Question. Did he say whether the boots and tobacco were for himself or for his men?
Answer. If I remember right it was for a pair of boots or shoes for Charlie Hardin, his son-in-law.
Question. In the interview or interviews of which you have spoken state whether the accused did or did not say that he shot because he believed his own life was in danger.
Answer. Yes, sir; every time the matter was spoken of he would make that declaration.
Question. Did or did not the accused speak of the violence of the home guard toward him and do you not know that they had threatened his life?
Answer. Yes, sir; he did; and without being able to specify any particular person I know his life was threatened by them.
Question. State if you know whether a U. S cavalry force was dispatched that morning to Georgetown to surprise and capture the accused and his men.
Anser. I know that there was a detachment of U. S. cavalry to go to Georgetown but do not know to capture whom.
Question. Do you know of Captain Montgomery, of the home guard, going to the house to the accused with a party of armed men? If so state what you know of it.
Answer. I know of Captain Montgomery's men headed by Captain Cook going to Mr. Magoffin's house in search of Mr. Magoffin. This was at least two or three weeks before the transaction at Georgetown. They were what are called home guards, and were armed all of them. There were somewhere between 300 and 500 in number, and Lieutenant-Colonel Grover was with them, who was also of the home guards as I understood it at the time. They examined the house, kitchen, pantries and smoke-house and negor cabins. I was there and just looked on.
Question. Did you hear any firing or know of any depredations committed?
Answer. I heard no firing that I remember, and saw no depredations.
Question. Did you or did you not hear Captain Cook, the commander of the expedition, say anything about depredations there committed by his men? If so state what.