I first got information that the Smiths were killed about 2 or 2½ miles from town as we were returning from the Constable and — we were riding very slow— had a pain in my side— Still came on very slow never heard any one say that the Smiths were to be killed that evening— Did not know before I left town that evening that these men were coming up from — I dont know that there was a conspiracy or understanding that the Smith’s were to be killed that evening— I may have supposed something— but my suppositions ought not to hang any one— Have not heard any one of these defendants say since the Smith’s were killed that they had any thing to do wit[h] it— Did not see either of them here when I returned to town that evening— I think I saw before I left on the N. W. Corner of the Square— did not see him talking with Capt. Morrison [Robert] <​Smith​> of the Greys, or John W. Morrison— nor with the officer of the guard at the Jail— The Carthage Greys— were quartered on the Public Square— The companies here themselves, and not their officers had pledged themselves to the to protect the Smiths— I had no conversation myself with that day before I left town—

Cross Examined— It was a usual thing for my company to go out every day Scouring the Country— there was nothing unusual for us to go out on that day— It was <​almost​> a daily and almost hourly occurrence to see groups of men coming from towards — and some one coming almost hourly— I saw as many as three hundred coming at one time in companies— most frequently was in groups of <​from​> 10 to 12 together— Did not know the object of the men in coming up that day— [p. 42]