Question. Had you any authority direct or indirect from the accused authorizing or approving of such application in the first interview you had with Colonel Brown on the subject?

Answer. Upon a return visit of mine from north Missouri I called at Mr. Magoffin's to see his wife and I found Mr. Magoffin in there. Just before I left his house I took him out and had a conversation with him; told him of his wife's condition and asked him if I could make any arrangements for his return would ge do so? He told me that he would. There was nothing said as to the terms that I recollect of. The exact date of this conversation I do not recollect; it might have been two weeks or might have been four weeks before the 9th of December. The week preceding the 9th as well as I recollect I had another interview with Mr. Magoffin and told him that I did not believe he could get a parole or other paper heretofore alluded to without taking the oath of allegiance which I insisted upon his doing. After some little lapse of silence on Mr. Magoffin's part he told me he could not take the oath.

Question.r of the above interviews express any desire or authorize you to apply for a permit or parole to see his family or remain for any length of time at home?

Answer. I think that in the last interview that he expressed himself that he would like to get a parole without taking the oath. That conversation did occur. I impressed upon him that he could not get a parole without taking the oath and he expressed some anxiety to recieve the parole without the oatch he and I believing right then that the matter was ended; but being at Sedalia on the 9th and still hearing of the sinking condition of his wife on my own responsibility I brought the matter up before Colonel Brown again.

Question. After your conversation with the accused on the 15th of December, 1861, did you have anything further to do in connection with the safeguard?

Answer. On the 18th of the month as well as I can recollect I received a letter from Mr. Magoffin with that paper inclosed. The letter was dated on the 16th as well as I can recollect, it having been delayed two days-one day at my house and one day at Mr. Hutchison's. If the letter was dated on the 17th I received it on the 19th, as there were certainly two days' interval between its date and receipt.

Question. Is this the letter you allude to? (Showing him paper marked C and attached to these proceedings.)

Answer. This is the letter. The letter and paper remained in my possession from the 18th until the Sunday morning afterward, the 22d. The reason why I did not return them was that General Turner was in command of the post and I thought it right and proper that I should hand them to General Steele. I returned them on the Sunday alluded to Colonel Brown.

(See paper marked C.)

A notice having been served on the accused to produce the first safeguard given to him by Colonel Brown the accused stated that it was not in his possession. (See paper marked D attached to these proceedings.)

By the ACCUSED:

Question. What was the state of mind of accused at the interview between him, Colonel Brown and yourself?

Answer. He appeared to me a man who was not entirely himself and I attributed it to want of rest and distress on account of the condition of his family.

Question. Have you in your evidence thus far given stated all that was said or done by accused at the interview at your house between him and Colonel Brown touching the arrangement made there by which accused was to go home and see his wife?

Answer. No; I have not stated all but all the important features that I can recollect, except that when I made the proposition for him to accept of his perpetual parole he put his hand up to his forehead and stated that he was not in a condition of mind to determine that matter; that everything appeared confused to him.