Question. You say after the fourth soldier turned the northwest corner there was more firing; could you say whether they were pistol shots or gun shots?
Answer. I could not, sir.
Question. Did the accused mount his horse? When did you lose sight of the accused after you saw him go to his horse for the purpose of mounting?
Answer. He did not mount his horse. When he attempted to mount his horse his foot slipped or stirrup leather broke and he then fell back further into the cross street to my rear. I lost sight of him when he fell back. I saw Mr. Magoffin again as I was crossing the alley after I had taken my mother to the hotel. I did not see him again until he was arrested.
Question. Did you know whether the wounded soldier who turned the northwest courner has a pistol?
Answer. I can't say I know that he had a pistol. I picked up a pistol in the street myself between where I stood and this man who was shot. It was a large - sized revolver - a five - shooter I think. I did not examine it; have reason to believe it was tthe pistol of the man who was shot. I picked it up after returning from the hotel where I left my mother. I pointed it out to another soldier who asked me to handit to him which I did. I remained in the street - that is going in and out of the doors and in the street - after I come back from the hotel. I did not wish to appear as hiding. I did not examine the pistol.
Question. Do you know whether or not when you saw accused crossing the alley any shots were fired at him?
Answer. I do not, sir.
Question. Were the men who came into town form l the west armed, and did you see any other body of armed men that day in Georgetown except those men and the U. S. soldiers?
Answer. They were armed. No body of armed men.
Question. Did the accused have a gun?
Answer. He did, sir.
Question. Describe it; and did he have it when you saw him crossing the alley?
Answer. It was a double - barreled shotgun. I don't think he had it when I saw him crossing the alley. I would not be positive but I don't think I saw the gun.
Question. Were you present at the time the accused was taken in Kidd's Hotel? Were you present when the accused was carried before Colonel Day?
Answer. I was not. I was not present when the accused was carried before Colonel Day.
Question. Are you certain that the pistol - shot from one of the soldiers was the first fire made there?
Answer. That was the first firing I heard - that is as the soldiers were turning the corner.
Question. At the time of the pistol - shot - the first fire by one of the soldiers of just before it, or just after - did you hear anything said by the soldiers or any exlamation from them? I so what?
Answer. Just as they were turning the corner some one hallooed,
" Here they are; " but don't know whether that remark came from the soldiers or some one else.
Question. How soon was the fire after that remark?
Answer. Well, it was a very short time.