[3 words illegible] Jo & were [3 words illegible] had hold of them since [3 words illegible] the Jail— I speak from a memorandum in writing & and from memory— The evidence was taken down before the Grand Jury and contained a true statement of the evidence these notes were taken away by Mc Connell [Murray McConnel]— I cant say that I do recollect all of testimony before the G. J. I cant say that his testimony before the Grand Jury and here about the what occurred at the rail road and her was different— Cant say that he said anything about before the G. J. he said something about meeting a man by the name of Smith at the Chapman place as they came up— he said that that when they got within 4 miles from here they men turned to the left— <​I think​> he state before the Grand Jury that a man came out who was said to be a Carthage Gray he see and & Henry Stephens conversing with the Carthage Gray— I do not recollect what he said about Def[endan]ts passing him on horsback going back— he said was on a dark sorrell or bay he rather thought a sorrell— I do not recollect that <​what​> stated about being at the Jail on ho[r]seback was a matter of Inferance of this — but thinks that statements were positive— I think state that some of the men came from the Jail came up [p. [38]]