By a MEMBER OF THE COURT:

Question. By what means do you remember distintly that it was the 20th of December that you saw Mr. petty at your house?

Answer. I have a receipt here handed tome since I have been in court which I gave Mr. Petty at that time.

(Copy of receipt:)

Received of William F. Petty, on settlement,$17. 35, the 20th day of December,

1861.

JONATHAN M. McKINNEY.

Question. What did the prisoner come to your house for?

Answer. He did not tell any particular business. It was cold and I invited him to the fire. I remarked that there was sone unsettled business and he offered to settle it then.

The prisoner here stated that he desired to take the evidence of a material witness whose attendance he had secured but who was incapacitated by drunkenness to testify, whereupon at his request at 4 p. m. the court adjourned until 7 p. m. same day.

LEWIS MERRILL,

Colonel Regiment Merrill's Horse, President Military Commission.

SATURDAY, March 1, 1862 - 7 p. m.

Court met pursuant to adjournment. It appearing to the court that the witness for the defense was still unfit to testify at the request of the prisoner the cour ordered the witness to be closely confined in charge of the guard, and at 7 p. m. adjourned until 10 o'clock Monday morning, March 3.

LEWIS MERRILL,

Colonel Regiment Merrill's Horse, President Military Commission.

MONDAY, March 3, 1862.

CHARLES E. SEXTON, a witness for the defense, being duly sworn testified as follows:

By the PRISONER:

Question. Did you see Jonathan M. McKinney on the 20th day of december last? If so where did you see him?

Answer. I saw him on the 20th day of december last. He was at my mill in the evening, and later in the evening was at my slaughter pen where I was killing hogs.

Question. What work or business were you engaged in that day?

Answer. I was killing hogs.

Question. At what time did McKinney leave your house on that evening?

Answer. I think it was about 9 o'clock.

By the JUDGE-ADVOCATE:

Question: What means have you of fixing this date as December 20?

Answer. I remember that the nest day which was Saturday I heard that the railroad had been torn up and I know that was the night before.