Question. How could you see the soldiers coming down Main street or turning the corner?
Answer. I heard the alarm and was looking out of the window fronting on Main street.
By the ACCUSED:
Question. What do you mean by looking out of the window?
Answer. I heard the alarm and was sitting by the open window and put my head out.
The testimony giss was read over to him by the judge-advocate and he requested permission to add as follows: In his statement he says "there were between three and five shots fired at the men that were running. " He modifies it by saying "in the direction of the men that were running. "
JOHN G. HUTCHISON, witness for the defense, was duly sworn.
By the ACCUSED:
Question. State your name, age and residence.
Answer. Joh G. Hutchison; near forty-five of age; a mile from Syracuse, Cooper County, Mo.
Question. Are you connected by blood or marriage with the accused? If so state how.
Answer. Yes, sir; he marked my sister.
Question. State if you know what connection the accused had with the armies of Jackson and Price in arms against the United States?
Answer. I know personally nothing.
Question. Did you ever see the paper written and left at the residence of the accused by Colonel Brown on the night of the death of Mrs. Magoffin? If so state its contents as well as you are able.
Answer. Yes, sir. "This safeguard permits E. Magoffin to remain with his family for ten days" (or until the 20th, I don't recollect which-ten days, I think) "with privilege of visiting our headquarters," and then something about soldiers or officers to respect this safeguard. That would be the substance of it and that safeguard I had in my possession about twenty-four hours. On the 11th or 12th of December I gave it up. It was signed by Colonel Brown, acting aide-de-camp to somebody else.
Question. Was the safeguard confined to the protection of the person of the accused or did it not embrace his property?
Answer. From the reading of it I supposed it was only his person. From a conversation a day or two afterward he supposed that his property was protected by it. He had not seen the safeguard until I gave it to him. The safeguard was given to me so that he would not have to show himself when officers called.
Question. Did you have any occasion to use that paper for protection of the accused or his property? If so state the circumstances.
Answer. His house was surrounded by troops on the 11th of December-I am not sure whether it was the 10th or 11th-before the funeral. I then showed the safeguard to the commander of the troops-U. S. cavalry troops. They then retired; they molested no person. They called for hay and corn for feeding their horses. My father told them to go and get it.
Question. After that do you know of any depredations being committed on the property of the accused by Fedeal soldiers? If so state when and the circumstances.
Answer. On the next day a regiment passed Mr. Magoffin's. The soldiers killed a good many of his hogs, turkeys and chickens. Colonel Thayer, First Nebraska Regiment, he had command. I was told so. There were two regiments. It was Col-