Question. You say that you, Glasgow and another were in advance as you entered the town. When the start was made by you in pursuit did or did not some one of the party exclaim that they were going to kill some of the damned secesh?
Answer. Not to my recollection; it might have been said; I don't recollect it.
Question. You say the accused was brought to you. State the terms under which the accused was taken.
Answer. No terms about it that I know of; no agreement made at all.
Question. Was he not taken under the express condition that if he would come down from his position in the attic of the hotel he should be treated as a prisoner of war?
Answer. Not to my knowledge. There was no one there authorized to make such proposition.
Question. Who did take him?
Answer. A detail of men; two-I am not positive-of the Illinois cavalry and one of the home guards.
Question. Did they no treport to you when they brought him to you that he was in the attic, difficult of approach, with a revolver; that he determined to defend his life there and would cease to resist only upon the conditions of being treated as a prisoner of war, which they agreed to?
Answer. Nothing of the kind whatever. They never reported to me may such thing.
Question. Who was present at and heard the conversation you have given at first interview with the accused?
Answer. Captain Mitchell was there.
Question. Detail what that conversation was as it actually occurred and in the order in which it occurred and as near as may be in the words of the speaker, without drawing conclusions.
Answer. The first thing that I asked was was his name Magoffin? "Yes, sir," was his reply. I then asked him if he had any arms. His reply was finally that he had a double-barreled shotgun and a revolver. I then asked him if he had any connection with the Missouri State Guard or the so-called Confederate army as an officer or private. His reply was that he had none whatever, and following that he said he was a private citizen. All the time the conversation was going on it was broken into by the threats of some home guards principaly and probably by some of my own men who threatened to shoot him. They were very much infuriated.
Question. Did the home guards hear you state to the accused that he was guilty of assassinating U. S. troops while in the discharge of their duty?
Answer. I don't know whether they heard me or not.
Question. When you told the accused he was guilty of assassination did he make any reply? If so what?
Answer. His reply was as his reply invariably was to any question in regard to the shooting that he shot in self-defense. I might have made some comments on the reply. I think it was in this wise: That he cold not have concluded himself in danger while the troops were running through the town. He said in reply that he thought there was a larger force coming than was there.
Question. At what period was it in the first interview while he was a prisoner in your presence, surrounded by the infuriated home guard, that you delivered a little lecture to the accused?
Anser. It was after I had asked him the question in regard to his position in the army and after he had surrendered his arms.