That afterward, on the 15th of December, understanding that Magoffin desired and extension he sent be delivered to him a second safeguard in words as follows, dated back to the 10th " to correct any supposed defects in the first," viz:
Whereas, Ebenezer Magoffin, formerly a colonel in the Army of the Southern Confederacy, has given his parole of honor that he will not in any manner by word or deed aid, assist or give countenance to the enemies of the United States Government; and whereas, by order of General Halleck said Magoffin is to be permitted to remain at home or vicinity in the quiet unmolested pursuit of his usual peaceful occupations: I therefore order all officers and soldiers of the U. S. Army to give him protection and by this safeguard he is protected in person and property as long as he remains in the quiet pursuit of his ordinary business, in same manner as other loyal citizens of the United States.
The first was written at Magoffin's house in conformity to previous agreement. Witness did not deliver it to him personally because when he went to his room for that purpose he found him holding in his arms his wife supposed to he dying and therefore he handed it to the daughest of Magoffin, who did not then see, read or have it read to him. Witness had to since seen it; had only a general recollection of its terms; thinks something about loyalty to the United States was in it; it was written amid much distress in the family. When asked whether it was given merely to allow Magoffin to visit his lamily or with the understanding that the was to become and to remain a loyal citizen witness answers to visit his family for a time and to remain if he chose; that in respect to remaining Magoffin had said when it was proposed in conversation at the interview before they sent went to the house that his mind was harassed and he wished time [ten or fifteen days] to decide; whereupon witness agreed to give it for a limited time, leaving there of to place himself in the same position as before - that is, " as an enemy. " He was not a prisoners of war further than by the receiving the safeguard and giving his parole. Witness further states that Magoffin was then so distracted as to be unable to keep up a connected conversation and in so great distress that witness thought him bordering on insanity.
Doctor Hughes, witness of the prosecution, states he informed the officers if the condition of Magoffin's wife and asked leave and safe conduct for him to see her; arranged the interview between Colonel Brown and Magoffin. Colonel Brown asked Magoffin what it was he wished; he answered the privilege to go to the sick - bed of his wife in safety. Colonel Brown inquire for what length of time; Magoffin answered ten or twenty days by which time her illness would end one way or the other. Colonel Brown replied he should be privilege to do so. Witness suggested to make it perpetual. Magoffin said he was then in no condition of mind to determine upon that and asked the privilege of deciding on that within the time stated. Colonel Brown promptly assented. Then the three went to Magoffin's house; found his wife in a dying condition. Colonel Brown would not disturb him but wrote the safeguard without Magoffin's knowledge and left it for him. It was a promise of protection of person and property until the 20th; could not say that accused promised or pladged himself to do anything. He appeared to be not entirely himself from distress and want of rest. Colonel Brown thought his mind seriously threatened.
This is the case for the prosecution as respects the first safeguard and the pledges given for it. It shows I think merely a case of safeguard or safe - conduct to come and stay in safety a certain time not the release of a prisoner to go on parole not to resume arms. The exact conditions imposed with it are not ascertained. The paper is not produced.