my advice-what course he should pursue. I advised him to stay at home, and I think persuaded him; at any rate he walked down to the woods and got his gun which he had never taken away since he came home the night he was fired at by the sentinels. He said when he took his gun, "I will put this by my bedside to-night and if any one attempts to assassinate me he will pay dearly for it. " He came back to the house, and when he got there he walked into a room where his mother-in-law (Mrs. Hutchison) was and he remained there in conversation about an hour-I don't recollect how long. He came back and stated to me that he had changed his mind. He said that on account of his children he would hate to be assassinated in his own house or to bring any further difficulty on them by being there, or words to the same effect. I asked him what arrangement he had made with Colonel Hughes. He told me that Colonel Hughes had left a paper lying on the talbe and told me I could read it. I read the paper and said to Colonel Magoffin, "Did you give your parole of honor to remain at home?" He told me he had not; that he had ten days to decide that matter. I then asked him the question, "Colonel, why did Colonel Hughes leave that paper here? That seems to imply that you had given your parole of honor. " He remarked to me that there could be no misunderstanding about the matter as it was clearly understoodhe was to have ten days to decide; "but," says he, "for fear that there shoud he some misunderstanding about the matter I will write a letter to Colonel Hughes. " He was at that time walking the floor. The paper was brought in to him by one of his daughters I believe. He remarked to me that he felt very nervous and he would prefere that I should write the letter at his dictation. I sat down and wrote the letter myself as he dictated it, word for word. He started away that evening and left word that the letter should be sent to Colonel Hughes immediately, and if I am not mistaken the safeguard accompanied it.
(The judge-advocate shows the witness the letter marked C which he acknowledges to be the one he alludes to.)
The next morning the witness sent the letter up to Mr. Hutchison's-it was either that night or the next mornng. I saw him leave the room after biddng us all goodbye. He went off on horseback. don't know whether the accused took his gun or not; I did not see it afterward.
The testimony given by the witness was read to him ty the judge-advocate and he was dismissed.
The commission adjourned to meet to-morrow, Tuesday, February 18, 1862, at 10 a. m.
SAINT LOUIS, MO., February 18, 1862 - 10 a. m.
The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer.
The proceedings of yesterday were being read by the judge-advocate when at the suggestion of the commission and the accused the further reading was dispensed with for the reason that the testimony of the three witnesses examined yesterday was read to them and to the commission in each case after it was given.
H. T. WALKER, captain, Missouri State Guard, a witness for the defense, was duly sworn.
By the ACCUSED:
Question. State your name, rank, age and present condition.
Answer. H. T. Walker; captain in Missouri State Guard; regiment not permanently organized; twenty-eight years old; prisoner of war.
Question. Were you or not at the battle of Carthage? If so state whether you have any knowledge as to the fact of the accused being engaged in that fight and on which side.
Answer. I was at the battle of Carthage. I saw Colonel Magoffin there; he was with General Parsons. There were four prisoners came into my charge that day and I delivered them over to Colonel Magoffin.