Larkin Scott sworn. Live 8½ miles south of on the road; know [William] Daniels. The night the report came to my house that the Smiths were killed, he came to my house about dark, or a little after. There were a good many people there, and I did not notice Daniels for some time after. His company when he arrived was John Pike and Derrick Fuller. After a short time he said he was tired, and I told him to go up stairs to bed. About 2 o’clock at night a good many people were going in the direction of Augusta, obeying ’s orders before they got them, as I call it. I went up stairs and waked up Daniels, and told him he had better go to Augusta with Mr. Anderson’s family. Daniels walked down to near Mr. Anderson’s house with me. The conversation that then arose was that the Smiths were killed by the Missourians. Mr. Daniels, in reply to a question of mine, said they were not Missourians—then stated he knew all about it, for he was in the company. Some conversation was had about the guard. He said Frank Morrell [Franklin Worrell] was hard to manage, it took some 2 or 3 men to hold him down; that he made strong efforts—wounded his hand very much. He said, “I am the man who took the sword from him and threw it over the fence.”—I asked him how he felt on seeing the act. He answered that it did not move him, for they justly deserved it. He then commenced telling me more about it, and I stopped him, told him to keep it to himself, and nothing more was said. He said nothing about a marvellous light. I heard no conversation from Daniels about one man setting Smith up and four men shooting him, nor of those four men being paralyzed. I have stated all he told me, as far as I can recollect. He spoke of backing out, and called a coward. Said he () backed out and went to ; and that also went back but spoke of no others; the other defendants were not mentioned. I stopped him because I did not wish to know who did the act. I am certain he did not mention the other Defendants.

Derrick Fuller sworn. Live six miles south of on the road. Have seen [William] Daniels and conversed with him about the killing of the Smiths. The night of the killing I was on my road home, and Daniels overtook me, and told me the Smiths were killed. I cannot tell the conversation in full, but we conversed all the way home about it. He said a company of men came up to the jail—that the guard fired—they rushed on the guard, and had a scuffle. He spoke of one Mr. [Franklin] Worrell, and said he had a tight scuffle—that 2 or 3 men had hold of Worrell— the he (Daniels) came up, took the sword from Worrell, struck him over the hand, and threw it over the fence: He requested me, if I saw Worrell before he did, to tell him where his sword was—in the garden. Daniels said nothing about a light, but said something about Smith’s being set up by the well curb, but nothing about four men shooting him, or being paralyzed and carried off. I had been to town that day; was not at the jail, but was a quarter of a mile from town when the Smiths were killed. Heard nothing in town about it. I saw in town. Heard Daniels statement in Court; his statement to me generally was about the same as in Court. He did not say that any were hurt. He did not tell me who planned it at the Railroad, but said he was at the disbanding. He told about getting some milk and going up the ravine. I recollect distinctly every thing I have stated. He did not say any thing about a light; said nothing about these Defendants. Cannot say whether he told me that he went up the ravine. I do not remember of his saying any thing about being put under guard at , or any description of the jail, or whether he was in the jail.

John Pike sworn. Know [William] Daniels. I have conversed with him about killing the Smiths. I do not know much about it, but all I do know I got from Daniels. The evening the Smiths were killed, I was just leaving town for home, when Daniels came up to me, as we were just beyond the corner [p. 27]