march for Sedalia where the main body of the command was. I delivered him to the officer of the guard there at Sedaolia by the order or Colonel Marshall, my commanding officer.
Question. Have you stated all the conversation at the interview you speak of was there any other interview between yourself and the accused?
Answer. To the best of my recollection I have. There was some other conversation; it did not amount to anything. I gave him a little lecture; that's about all. There was another interview between myself and the accused soon after he was put in the guard-house at Sedalia. I asked the officer of the guard if he had searched Magoffin to see if the had any weapons concealed about him. His reply was he had not supposing I had done it before I left Georgetown. I then went in the guardhouse and searched him myself. I asked him why he shot at us while we were running through the town not molesting him or any peaceable citizen. His reply was that he "was afraid that if he did not shoot us we would him. " We had some other conversation but nothing of importance that evening. I made some hard threats against him; talked very severe to him. the next morning after he had received a visit from his wife and daughter he admitted to me that he shot at me, or what he supposed to the commander of the forces coming into town, but at the same time carried the idea that e was forced to do it to protect himself. He gave that as a reason for shooting. That was all the conversation that I recollect of having with him until after our arrival at Lexington.
Question. Do you recollect the christian name of Glasgow?
Answer. I do not recollect his christian name. I know that there was but one man of that neme in Company C (Captain Mitchell).
Question. How was the accused dressed when you first saw him at Georgetown?
Answer. Well, sir, I could not see anything marked about his dress; he had no uniform on. I am positive that he had no uniform on or military badge; nothing to distinguish him from a citizen.
Question. Were the home guard in uniform or not?
Answer. Well, sir, they were not generally. Some had on caps and gray shirts that they got of our regiment-some of them from Johnson and some from Pettis County; I was so informed.
Question. Were the home guard of Georgetown or in that vicinity dressed in uniform or not at the time or previous to the occurrence at Georgetown?
Answer. The only home guard that I am personally acquainted with living nearer Georgetown than Sedalia had no uniform to distinguish them from a citizen. Captain Parker, of Sedalia, had a command of thirty or forty men who were mostly provided with caps or shirts or something to distinguish them from a citizen; but they were not with me at that time.
Question. How were the soldiers who accompanied you when you first passed through the town (Georgetown) dressed?
Answer. The soldiers were dressed with blue military caps such as were worn by U. S. troops at that time; gray shirts; some of them might have been red; hightopped or long-legged cavalry booots; sabers and belts; strap running over the shoulder and canteen slung over the shoulder; riding all of our men on Grimsley's military saddles-brass trimmed and holsters.
Question. Were the soldiers of the U. S. easily and readily distinguished from the home guard by their dress?
Answer. They were, sir.
Question. Did or did not the accused admit to you at either of the interviews to which you allude that he killed the man Glasgow?
Answer. He did. He admitted that he did.