War of the Rebellion: Serial 114 Page 0342 PRISONERS OF WAR, ETC.

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Answer. Yes, sir; I was there on the evening of the arrival of the accused from Price's army. He staid one night at home and went over into Saline, there being a pretty considereble Federal force at Sedalia at th continued to get worse; she was at that time quite sick. On Saturday, the 7th of December, we despaired of Mrs. Magoffin's recovery and my wife wrote a note to Colonel Magoffin requesting him to come home that night. Some time after the note had been sent, a little after dark, the house was surrounded by Federal troops and occupied by them with the exception of Mrs. Magoffin's sick'room. They were searching for the accused. At my solicitation the officers did not enter Mrs. Magoffin's room. Well, I reckon it was aoubt 8 o'clock that night Colonel Magoffin rode up within sixty yards of the house. He was fired at by three sentinels but escaped, leaving his horse behind him. I saw nothing more of the accused until Sunday night, the troops occupying the house until Sunday morning. Sunday night-I think it must have been as late as 11 or 12 o'clock-Colonel Magoffin came in the house. I was asleep at the time but my wife came and woke me up and I went down to the sickroom and saw Colonel Magoffin kneeling by the side of his wife. He remained there perhaps two hours-three may be. He told me he had been in sight of the house the whole time. He remarked to me that he could have gotten away but did not have the heart to leave his wife. At the suggestion of his mother-in-law, old Mr. Hutchison went over to Doctor Hughes'. Colonel Magoffin also went over, but don't recollect whether it was before or after Mr. Hutchison returned. This was Sunday night. I saw nothing more of Colonel Magoffin until Monday night. He then came home in company with Colonel Brown and Colonel Hughes. He went first into his wife's room. I followed pretty soon after and found him kneeling by his wife and her arms around his neck; the children also kneeling around. There was a great deal of confusion. I met Colonel Brown coming out of the room. He seemed very much agitated; I believe shedding tears at the time he came out. I remained in the room but a short time and went into the dining-room where I found Colonel Brown and Colonel Hughes. Colonel Brown asked me if there was any paper convenient and I think Miss Belle Magoffin left the room and in a short time returned with a single half sheet of paper. We noticed something on the back of it. He had sat down and I asked him or Colonel Hughes-I don't recollect which-what arrangement they had made. One of them stated to me-I can't recollect which-that they had allowed Colonel Magoffin ten days to remain at home and during that time to consider a proposition which they had presented to him. I asked them what proposition that was. They told me that they had proposed to protect Colonel Magoffin in his person and property if he would give his parole of honor not to take up arms against the Government. Well, after he had made that statement to me he sat down and commenced writing the safeguard. After he had finished it he handed it to some one. I read it. I think it granted him permission to remain at home and to go to Sedalia and Georgetown. To do so he had to pass the lines. I think it also forbid any one to interrupt him or his property during the ten days. I do not remember there was anything else in the safeguard. Colonel Magoffin and me went out one eving after the burial of his wife to the hog-pen. We were sitting there talking about this proposition that they left with him when Colonel Hughes came up and addressed Colonel Magoffin very cordially, and said, "Mac, you had better stay at home. " I think that was the remark. Colonel Magoffin stated to Colonel Hughes that he would like very much to do so on account of his children and the deranged condition of his affairs. Colonel Hughes then remarked that Colonel Brown would be out the next morning to arrange about it-to see about it. Colonel Magoffin remarked that he would be glad to see Colonel Brown.

Question. Were you present at a converstion between Colonel Hughes and the accused at the hog-pen? If so state your understanding of what was said, and especially what was said touching a second paper.

Answer. I heard nothing that I remember of about the paper. Colonel Magoffin said when we returned to the house that he was afraid the United States Government would not protect his property; that he would give anything in the world to stay at home in peace. The next day-evening I think it was-when Colonel Hughes came I was absent. The next evening I came home. I met my wife in the door and she seemed very much alarmed. She remarked to me that her pa had received information from two different quarters that if he remained at home he would be assassinated that night. I endeavored to remove her fears, but she replied that there could be no correspondence between the two informants and that her father's life was in great danger. Colonel Magoffin came into the room and asked me to take a walk with him and he betrayed more emotion, trepidation than I had ever witnessed in him before. Usually he is a very cool man. He told me about the same my wife had told me and as we walked across the meadow in the direction of the woods he asked