Cross Examined. I state from recollection and from writing. There was a memorandum kept by [James] Reynolds, Hickox [John J. Hicok], and myself. A copy was taken at the time by Hickox, and I think it was correct. It was read once or twice to the jury. It is the paper that McConnell [Murray McConnel] took away. If it has not been altered it is correct. Do not know that I could tell whether that paper has been altered. Do not recollect all that said. He said he was at the Railroad Shantee. I heard part of his evidence yesterday. Part of his testimony was the same as before the Grand Jury, and do not know that his statement of what occurred at the Shantee differed. He stated before the Grand Jury that he came with the crowd to , driving Fuller’s wagon. I think he did not state anything before the Grand Jury about ; my impression is that he did not. He said he saw a man by the name of Smith at Chapman’s place on the prairie, as they came up. He said before the Grand Jury that as they came within 4 miles the company separated. Said something about their being met by Carthage Grey. His testimony went to show that and were there at that time. He said a man came out who was said to be a Carthage Grey, but that he did not know him to be a Grey, but supposed so. I think he said he saw and Henry Stephens conversing with him. I do not recollect distinctly that he said any of the Defendants passed him on his way back. He said rode a by or sorrel horse. did not state about the horse as an inference, but positively. Said at first he was half a mile from the jail, and when interrogated how he could know what was going on at jail, said it might not have been over a quarter mile. I think he stated that some of the men came from the jail and got into his wagon; think he said [William] Grover, [John] Wills, Voorhes [William Voras] and Gallaher got into his wagon; and think something was said about James Gregg passing him. Said some one told him to put out some of the baggage and return. The memorandum was made from our best recollection, when the evidence was fresh. The remainder of ’s statements, except as to , does not materially vary. The evidence before the Grand Jury was given last fall. said yesterday that five or six men got into his wagon; my impression is that he said before the Grand Jury that Voorhes and Gallaher got into his wagon. Don’t know that I heard what he said yesterday about the Grey: but think he said before the Grand Jury that the Grey rode an iron grey poney. The evidence taken before the Grand Jury was said to have been taken away by Mr. McConnell—[ said it would be here this evening.] Cannot say the said any think he heard from the Grey. Miss [Eliza] Graham was not called before the Grand Jury.

James Reynolds sworn. Was a Grand Jury at the last Term of Court. was then examined. He said he saw at the jail, during the whole time of the transaction there, on a dark bay or sorrel horse. He said a person met them who was represented to be a Carthage Grey; the first he saw of him he was in conversation with and [Henry] Stephens. Heard the Grey say now was the time if any thing was to be done, or words to that import. The jury kept a record of the testimony, which was taken away, and I made a memorandum with Hickox [John J. Hicok] the next day. McConnell [Murray McConnel] was here acting as attorney for the prosecution; said he wished the manuscript long enough to make out a list of the witnesses. I called on him and said I wanted it; he said he was not quite done with it. I had to go home that night. Next day I wrote this transcript. I think the one McConnell had was generally correct. Think I would know it again. [p. 26]