Derrick Fullar Sworn:

Mr. Fullar where do you reside?

In the dirrection of Quincy.

Do you know A man by the name of Daniels?

I have seen him.

Did you ever have any conversation with him about the killing of the Smiths?

I have had some.

Where did you see him?

He overtook me on the road.

Will you inform the jury when you met him and where and what was said, tell it in your own way?

The night the Smiths was killed I was on my way home he told me the Smiths where killed I don’t know that I can tell the conversation.

Well tell us as near as you can what he said of the manner of the killing and how he knew so.

He told me there was A company of men came up to the jail, the guard fired on them as they came up the guard clinched in the struggle he said he took Worrels sword from him     that two or three men had hold of him he said he came up and struck him on the hand and took the sword and through it over the fence into the Garding he requested me than that if I saw Worrel before he did to tell him where the sword lay. 

Did Mr. Daniels tell you on this occasion any thing about A marvolous light?


Did he tell you about some man taking Smith after he fell through the window and setting him up for 4 other men to shoot him?

He told me about setting him up against the well curb but I do not recollect him saying any thing about 4 others shooting him        I am not scertain but he said they placed him up against the wall of the house.

Did he tell you about 4 men who where so much terrified that they where parrallized and had to be carried away?



Cross Examined by Mr. Lamborn.:

Had you been in town that day?


Was you at the jail?


Was you in town at the time the Smiths were killed?

I was out of town about a quarter of a mile.

Did you know when you heard the guns firing what they where firing for?


Had you heard any thing about what was the intention of the people with regard to the Smiths?


Had you seen any of these men that day?

I saw Williams    Sharp I did not know.

Was he on foot or on horse back?

he was on foot.

Was Daniels on foot?


Did you hear Daniels statements before this court?


Did his statements told hear the other day correspond with what he told you?

I think they did.

Did he say Worrel carried anything but his sword?


Did he say any thing about what the rest of the Gaurd was doing Did he say the gaurd was shooting at the crowd?


Did he say that any of them was hurt?


Did he say any thing about Mr. Browings Marvolous light and parraletic strok?


Did he tell you was there at the killing?

I think he named Williams

Did he say anything about it being planed between the gaurd and and the mob how they should accomplish the killing of the Smiths?


What did he say occurred from the time they where disbanded till they came up there to the jail?

I cannot tell.

Your recollection is not very perfect I think?

I recollect what I have stated.

You only recollect about the sword buisness and the light You are shure he said there was no lightening?

He did not say any thing about it.

You think the balance of his statements here is about what he stated to you.


Did he tell you wether he turned from the road with the mob or came on by himself?

I cannot recollect.

I suppose the tenor of his statements was that he was with them?


Did he say any thing about his being up on guard?


Did he tell you about Smith hanging out of the window?


Did you understand from him in that conversation wether he was in the inside of the jail?