pavement before Captain Kidd's tavern. In a few inutes his men who were sent off returned and reported that the enemy was coming. They came back full tilt. His other men who were standing around him broke for their horses. Colonel Magoffin ordered them to halt some two or three times I am not positive which, but they paid no attention to his command or order but ran, unhitched their horses and mounted them. Colonel Magoffin walked briskly to his horse after he found that his men would not halt. When Colonel Magoffin got to his horse the bridle was off. He unhithced the bridle from the fence and put it on his horse, and when he attempted to get up his foot either slipped or the stirrup leather broke I could not say which. Just at that time three Federal soldiers wheeled the corner of the court-house fence and just as they wheeled they hallooed "here they are," and fired. Well, there was from three to five pistol reports before I heard the report of the shotgun. Well, sir; there wee two of the three soldiers ran, riding as hard as their horses could go up Main street in pursuit of Magoffin's men, and fired some three or four shots after they passed where I was standing myself. I was standing right on the platform in front of Mr. Fischer's tore, right on Main street. The other soldier turned the norhtwest corner of the court-house fence and went up to Mr. Hoge's drug store. He was sitting there on his horse for a few minutes when there was some one came to his assistance and aided him to get off his horse. In a few minutes after that the whole town was alive with soldiers.
Question. At what part of the town-east, west, north or south-did the accused and his twelve men enter the town?
Answer. Entered the town from the west, right down the Lexington road.
Question. Where were the horses of the twelve men hitched and where was the horse of the accused hitched?
Answer. The horse of the accused was hitched at the northwest corner of the court-house fence. The most of the other horses were hithced on Main street on the north side of the court-house fence.
Question. How far was the printing office from the court-house square and in what direction from the court-house?
Answer. It was some 100 or 150 yards from the court-house and very near a southeast direction from the court-house, and on the left-hand side of the street as you go to Sedalia and within the town.
Question. Did you change your position at any time after the first fire? If so state in what respect.
Answer. I did. I was standing, and moved right back against the store; it was about half-way between the building. The building is between fifty and seventy-five feet long.
Question. From that position could you see the accused?
Answer. I could not, sir.
Question. Did you know either of the three soldiers who turned the northeast corner of the court-house square and fired?
Answer. I did not, sir.
Question. Do you now know Colonel Day, and can you say whether he was one of the two men who ran past you?
Answer. I cannot, sir.
Question. From what direction did the report of the shotgun come?
Answer. It came from about the vicinity of the northwest corner of the courthouse fence where I last saw Magoffin. I heard but one report of shotgun.
Question. Could you or not see the pistols in the hands of the three soldiers?
Answer. Yes, sir.
Question. Did you go around to where the wounded man was assisted from his horse? If so state his condition, - whether dead or alive and where and how wounded.