The Defendant’s Witnesses were then called, and 1. ordered on motion of <​were ordered​>— to be kept seperated during their examination—

The examination of the Defendants Witnesses Commenced at <​1/4 past 9​> O’clock. a. m.

Defendants Witnesses

I was at on the Grand Jury at the last term of this court, when this was found against the Defendants— a witness by the name of <​was​>— examined before us on that occasion— he was a stranger to me— but he was called <​by that name—​>— thinks him the same man who was examined in this case on yesterday— he stated to the grand jury that was at the Jail— that he rode a dark bay or sorrel horse on that day, that he rather thought that it was a sorrel horse— he Stated that he was driving one of the baggage waggons belonging to a man by the name of Mr. Fuller— that he came up within a quarter or half mile of the jail and stopped— that he saw on horseback at the jail— he was then asked by some of the jury whether he was acquainted with and knew it to be him— he Said <​replied​> that he was acquainted with him and could not be mistaken— I think he Stated that rode out from the jail towards him and passed him, but of this I am not Sure, and may be mistaken— I dont know that I recollect any other <​of the​> circumstances— I think also stated that on his return to that overtook them, and Stated that Jo & were dead [p. 73]