onel Thayer's men who killed the hogs. Know them by their dress. I told them the property there was under the protection of the Government. They said it made no difference with them. I had this conversation with the privates. The Federal soldiers that same day destroyed fencing to make a bridge or to fill a mud-hole. The accused was then in the yard at his house. This was after the funeral-the day after the funeral.
Question. Do you know what the arrangement was between the officers of the Government of the United States and the accused by which he was permitted to visit his wife, then in extremis?
Answer. I do not.
Question. Did you have any agency in making that arrangement?
Question. How long did you remain at the house of accused before you returned home?
Answer. I was there for several days-some days at Mr. Magoffin's house and some at my father's. They lived about three miles apart.
Question. Do you know anything of the circumstances connected with another safeguard, either as to its procurement or its return?
Answer. Nothing personally.
Question. Were you present at a conversation that occurred at the hog-pen between the accused and Colonel Hughes?
Answer. No, sir.
Question. Have you any knowledge of a conspiracy to assassinate the accused, or do you know whether information of such a purpose came to the accused before the 20th of December?
Answer. I do not-to both questions. I left the neighborhood on the 13th of December.
Question. If you know any fact or circumstance not previously stated by you favorable to the innocence of the accused state it.
Answer. The day those hogs were killed Mr. Magoffin told me he would he compelled to go back to the army as there was no protection for his property or for himself. The soldiers told me that if I drove the hogs away they would shoot me.
By the JUDGE-ADVOCATE:
Question. Do you know that the safeguard protected the person of the accused on the day Colonel Thayer and his command passed by? Was the safeguard shown to the officer in command?
Answer. The safeguard was not shown. It was in my pocket at the time. Colonel Thayer knew of the safeguard. He was at Colonel Magoffin's the day before and I told him of the safeguard. He may have known it before as he did not come to arrest him.
Question. Do you know if any complaint was made to the commanding officer that his men were killing hogs, turkeys and chickens?
Answer. I do not. They were only a short distance apart; they were stopping to rest on the road-perhaps half an hour.
By the ACCUSED:
Question. How were the hogs killed-by shooting or otherwise, and what was done with them after they were killed?
Answer. By shooting, and then they were thrown into the wagons.
The testimony of the witness was read to him by the judge-advocate and he was dismissed.