Now as to Peytons Evidence, he only tells part of a speech you cannot a man upon hearing a what he has said on hearing only a part of it— Peyton does not recollect who called for volunteers— or that any of the defendants called for volunteers—

Now suppose any one of these 3 defts had tried to raise volunteer[s] that day would they not have manifested it by manifest signs & words—

To constitute a — there must be a common design— was there such a design [Eli D.] Walker tells you he heard no talk about going to to murder the Smiths— something was said about blowing the jail to the devil but whether that was said before or after volunteers were called for the wit[ness] cannot say— and it amounts to nothing— for it does not appear that it was any part of the plan a common plan— besides it is not brought home to any of these defendants

There was no concert of action one man spoke of one thing and another of another— one must perhaps said— he would blow [p. [6]]