Question. By what circumstances do you recollect that McKinney called on you that day?

Answer. We sat by the fire together several hours.

WILLIAM PATTON, a witness for the defense, being duly sworn testified as follows:

By the PRISONER:

Question. In what part of Boone County do you reside?

Answer. I live in Perche Township close to Mr. Petty.

Question. How far is your house from that of prisoner?

Answer. About 150 uards. House belongs to Mr. Petty. I rent it from him.

Question. When and where did you last see the prisoner Petty previous to his arrest?

Answer. I saw him at Mr. Petty's house about the 1st of February.

Question. Do you recollect about the time the North Missouri Railroad was torn up? If so long after it was torn up was it that you heard to it?

Answer. I recollect the time. I heard of it next day. I understood it was torn up Saturday morning. Heard of it on that day.

Question. Did you or not see the prisoner on the day you heard of the tearing up of the said road?

Answer. I saw him I think late that evening. Sun about an hour and a half high.

The court having here taken a short recess upon again sitting the witness was asked the following question by the prisoner:

Did you or not see the prisoner on the morning of the day that you heard the road was torn up? If so what time in the morning was it and where?

The question was objected to by the president of the court on the ground that it was leading; that the witness had already testified as to the time at which he saw the prisoner on the day in question, and that the tendency of the question is to make their witness contradict himself and so invalidate their own evidence.

The objection was sustained by the court after deliberation.

The court having again opened the examination proceeded as follows:

By the PRISONER:

Question. Do you mean to state that you saw the prisoner once only on the day stated?

To which question the judge-advocate objected for the following reasons: That [it] is cross-examination; that the question is leadin and subject to the same objections as the preceding question.

Whereupon the court having been cleared after mature deliberation sustained the objection.

The court having been again opened the examination proceeded as follows:

By the PRISONER:

Question. State if you knew where prisoner was on the morning of the day you heard the railroad was destroyed.

Answer. I saw Mr. petty on the morning of the day I heard the railroad was torn up at my house two hours and a half before day.