Answer. I walked around some five or ten minutes after the shooting occurred. When I was standing last up the street he had been assisted from his horse. He was not dead and I did not see where he was shot. I saw where he was bloody around the neck. I did not see him afterward.
Question. Do you know whether the accused got or was getting on that day in town shoes for any of the twelve men?
Answer. I heard him inquiring for merchants, that he wished to get some shoes for his men. The doors were closed because it was reported that the soldiers were coming in.
Question. Did you see any other body of armed men that day except the U. S. soldiers and the home guards and the twelve men?
Answer. Di did not, sir.
Question. Did you know anything about a body of armed men on horseback without uniforms numbering about fifteen or twenty men who were chased into the tow of Georgetown by the U. S. cavalry on that day?
Answer. No, sir; I do not.
Question. Were you at Kidd's Hotel at the capture or surrender of the accused? If so state what you know of either.
Answer. No, sir; I was not. I was at Mr. Phillips' store when they caught him at Kidd's Hotel.
Question. Were you present when he was carried before Colonel Day and there tied? If so state any conversation you heard thee between the colonel and the accused.
Answer. I was not there.
Question. Are you certain that the firing by the three men with pistols was before the report of the shotgun?
Answer. I am, sir.
Question. In what direction did they fire, and at the time of the fire were they in full run?
Answer. They were in full run an dthey fired right at the men who were leaving their position at the court-house fence-leaving as fast as they knew how.
Question. How many of the twelve men passed you up Main street after the firing began?
Answer. There were some six or seven passed me after the firing began.
Question. When the accused went to his horse did he have his gun, and what sort of a gun was it?
Answer. Yes, sir; he had his gun. It was a double-barreled shotgun.
Question. Was the accused in full view of you up to the time you changed your position by going back to the wall of Fischer's store?
Answer. He was in full view of me up to that time.
By the JUDGE-ADVOCATE:
Question. How far had Colonel Magoffin's men gone when his foot slipped in the stirrup?
Answer. Some had not left the fence; some had gone.
By the COMMISSION:
Question. You speak of Magoffin's men; why do you call them by that term?