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By Mr. MERRICK:

Q. Was it before or after you had been over to the jail that you saw Judge Pierrepont?

A. I could not tell you whether it was before or after; I do not remember. I recollect seeing the judge, but whether before or after I could not say.

Q. Do you recollect what time in the day it was you saw Judge Pierrepont? A. No, sir. I think now it was after the adjournment of the court in the afternoon.

Q. Did you leave for home that evening?

A. No, sir. I did not leave for home until the next morning.

Q. You talked to the man who came into your store in Elmira to buy shirts?
A. Yes, sir. I spoke to him the same as I would to any other customer.
Q. You have talked with the prisoner in jail?

A. I have.

Q. Mr. Cass, there are various modes of recognizing an individual; one by his moustache and his general look, and another by his general action and talk. Tell us, if you please, what is the basis of your opinion that this is the man you saw in the store?

A. Well, the first thing is, that the minute I saw him I recognized him as the man I saw in my store. I did so before I got near him. I saw at once that he was the man I had seen there.

Q. When you came to talk with him, did you recognize a similarity of voice and of action?

A. Yes, sir; a similarity in his speech, which led me to suppose he was a Canadian.

Q. I understand you to say, then, that you recognized him the minute you saw him, and that after talking to him you recognized the voice and action? A. I did.

By Mr. BRADLEY:

Q. Was there anybody else here from Elmira, three weeks ago, besides the gentlemen you have named? Do you remember a Mr. Miller being here? A. O, yes, sir. I saw Mr. Miller.

By the DISTRICT ATTORNEY:

Q. Was the time you have mentioned the only time you ever saw the prisoner? A. The first time I saw him was in my store, and the second time was in jail. Q. How long did this conversation continue?

A. Probably from five to ten minutes. It would not exceed ten minutes— probably not so much.

Q. You cannot state whether his hair was dyed at that time or not?

A. No, sir. I did not take notice enough of him to notice that.

By Mr. PIERREPONT:

Q. What made you think he was a Canadian when you saw him?

A. I had a friend of mine from Canada the fall before, wearing the same kind of a coat.

Q. When you came to talk with him, did you still think he was a Canadian ? A. Yes, sir; from the tone of his voice.

Q. And you recognized the same tone of voice in the jail?

A. I did.

FRANK H. ATKINSON, sworn and examined.

By Mr. BRADLEY:

Q. Where do you reside?

A. In Elmira.

Q. State whether you have any public or private office there.

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