road. We tore up the road in three or four different places between that and Wellsville and also at the section-house. The defendant was along with us while we were at that work; I could not say I say him at work but I know he was long. At Wellsville we burnt up the depot, and then came back to Montgomery City and from there went home I suppose. I did not go with them to Montgomery City; I went back into Callaway County. I was kicking around; I did not stay at any particular place. Defendant was with us when we were last at Laile's pasture and went off with the company, and so did I.

Cross-examined by DEFENDANT'S COUNSEL:

Question. Where did you meet the defendant on the night of the destruction of the railroad?

Answer. At the brick-kiln in the bottom.

Question. To what point on the railroad did you go from the brick-kiln?

Answer. To that section-house between Montgomery City and Wellsville.

Question. Which way did you go?

Answer. Out the road toward Wellsville.

Question. Where did you first commence?

Answer. At the section-house.

Question. Were all on part engaged on the railroad to hold horses?

Answer. Yes; there was a part.

Question. Was the defendant holding horses or at work on the railroad?

Answer. I don't know; I could not say. I did not see whether he was holding horses or at work.

Question. Did you see the defendant on the railroad at all?

Answer. Yes, sir; he was.

Question. Where was he?

Answer. I saw him in Wellsville and I saw him as he came back.

Question. What was he doing?

Answer. He was on his horse riding round and came black with the crowd. I could not say I saw him at work but I know that he was along.

Question. Did you see him at any time while you were treating up the railroad?

Answer. I can't say; I might and might not. I can't say that I saw him at work.

Question. Where did you meet with Meyer's company?

Answer. At Laile's pasture.

Question. Which way was the defendant going when you saw him at the brick-kiln?

Answer. He went with us out toward the road on the prairie.

Question. Did he come to you before or after Meyers told you you were going to destroy the railroad?

Answer. Before.

Question. Where did you next see him?

Answer. On the prairie going along toward the railroad.

Question. Did you see him at any time when you were destroying the railroad?

Answer. I might and I might not. I did not take notice.