he was on. Don’t know that I ever said he rode an iron-grey poney. Had been drinking so I felt nice. I saw the Defendants except where we met the Grey. All the company left the road, but the baggage wagons and six or eight persons. They were as near to me at the jail as any where else; I was nearer a quarter than a half mile from jail. Grover left the company that went to the jail, and when he came up he said he had lost his gun—a double-barreled shot gun—and went back to look for it; and a man held it up. I did not tell the Grand Jury that I saw at the jail on his horse all the time, nor that came riding up from the jail, and passed right by me. Don’t know Gregg’s first name. Do not think I told the Grand Jury his name was James Gregg. He was on horseback alone and rode onto . I did not see him again that evening. I do not know how long, but perhaps it was about one-half or three-fourths of an hour after Gregg passed, before , and passed. I do not recollect that said any thing as he passed. Do not think I said before the Grand Jury that said the Smiths were dead for he had hold of them, or that I could not be mistaken about seeing at the jail. Grover had on a cap with feathers in it, but don’t know how many; think he wore them I front; they were black. also had feathers—black I believe; had them on the last time I saw him, also when he met the Carthage Grey. The wagon was standing still, crosswise, when Grover came up, but do not know who was the first to get in it. The Chittendens came up and told me to throw my baggage out, and got in, I think, before Grover. Voorhes did not get into my wagon; Wills did. but don’t know about Gallaher. I saw Voorhes somewhere on the road on foot. Did not see Gallaher till we got to . I do not know how many got into my wagon, but should say 5 or 6. The two Chittendens, Grover, and Wills were among them. Do not think I stated before the Grand Jury that Voorhes and Gallaher got into my wagon. I saw Gallaher on Main street the next day, but do not think I saw him that night. Grover told me, as we came on in the wagon, that he was the first man in the jail, and that Joe hit him twice in the face; said Joe was armed with a pistol; but did not say why Joe did not shoot, or what he did with the pistol. Said something about his being armed; said he was the first person he ever saw in jail, armed. Think he said pistols and arms both. I think Grover had no sword, but do not know, and forget whether any of the officers had swords. My recollection of the events of that day is not very distinct. Recollect I felt very nice. I forget whether I have said that Grover said he had got revenge by pitching Joe out of the window. I did not hear him say any thing about pitching Joe out of the window. I was on the south-west said of the jail, and could not see the window Smith fell from. It was between 4 and 5 o’clock when we started back; I was driving a two horse team. It is called 18 miles to . There was not far from 5 or 6 men in the wagon with —think it was Cole’s team. I think Robert Johnston was along. I do not think any of these persons had been with the troops, after they left the Railroad crossings. They went 2 or 3 miles by me and stopped, and I do not recollect whether they made any enquiries. They did not go to the jail; I think they were firing at the jail when passed. I think about 50 came out of the woods and went to the jail. The first firing I heard was at the jail, and don’t know of any firing along the fence. I did not hear any firing at all; but saw the smoke of the guns, on the outside of the jail. I saw no flash or light. The firing I saw was at the south end. Grover did not say how he got away from Smith. The wound on Gallaher’s cheek; he was a boy from 14 to 18. Grover did not ride with me more than 2 or 3 miles, and do not recollect seeing any thing more of him that night. I do not know who were with me when I got to . Wills did not ride all [p. 24]