the accused the further reading was dispensed with for the reason that yesterday's proceedings, composed entirely of the testimony of the witness, Lieutenant Colonel H. M. Day, would be read to him and to the commission during the morning.
The examination of Lieutenant Colonel H. M. DAY was resumed.
Question. State the conversation at the interview of the search just as it occurred and in the words of the speakers and in the order in which it occurred, avoiding conclusions and inferences.
Answer. There was but very little conversation had between myself and Mr. Magoffin at the time of the search; by that I mean to be understood that the principal part of the talking was on my part. I told him that I wanted to search him to see what he had on his person, and he replied, "All right," and commenced pulling off his coast and vest. I am not positive whether he had on a coat or not. While I was examining him I talked very severely to him, in this wise: "Magoffin, I am astounded that a man possessed of as much intelligence as you appear to be should take the course that you have in assassinating Federal troops. " I told him that I hoped he would be shot or hung up by the neck; that I would like to be the man to do it. I told him that he probably would be disposed of in some way-executed on the following day. He during my conversation said but very little; he said that he supposed we came there with a larger force to take prisoners or kill all those who were in favor of seceding from the Federal Government of the United States. That is about all the conversation that I recollect of that evening.
Question. State all the conversation you had with the accused at your next interview with him, using the words of the speakers and preserving the order of the conversation as it occurred, avoiding conclusions and inferences.
Answer. The conversation on the following morning was had soon after his wife and daughter left. I am not positive whether Colonel Hughes was present at that interview or not. I first said to accused, "You probably will never see your wife and daughter. " His reply was "it was a tough case. " I then told him that we had two witnesses that saw him shoot; that we had a sure thing on him. He then said that he had shot what he supposed to be the commander of the forces that were coming into town; that he done it solely because he was in fear of his own life, as any man would under similar circumstances. I don't recollect any other conversation that morning. I might have said something to him to the same effect as I had the evening before.
Question. Did you tell him who the witnesses were? Did he ask who they were?
Answer. He did not ask. I did not tell him. I am not positive as to but one of them-Satterwhite. On my arrival at Sedalia they gave their names to the adjutant.
Question. You say some shots were exchanged you firing two of them. Who fired in exchange and at whom was the fire directed?
Answer. The firing was from those who were running from us; I mean the shots that were exchanged after I shot.
Question. Did they stop and turn their horses to fire, and at what point was that?
Answer. They did not stop their horses; as they turned to go into the timber they slackened their gait and fired. That was on the road what I understood to be from Georgetown to Sedalia. They did not go on the Sedalia road but made a turn to the timber on the north or northeast.
Question. Did you see pistol of Wheat after he was wounded? If so state how many charges were in it.
Answer. I did not see it.
Question. Did you or not see the pistol of Glasgow after the disturbance was over; and if so how many charges were in it?