Q. Was i efore 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 minutesprobably 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.

A. (Laughingly,) I have the honor of being an alderman of the city of Elmira.

Q. What is your business?

A. My principal business is that of a bookkeeper for the house of Stewart & Ufford, in Elmira.

Q. Where were you occupied in April, 1865?

A. At the same place.

Q. But not in the same store where you are now?

A. No, sir. Our store was burned last winter. We were in Nos. 20 and 22 Lake street in April, 1865.

Q. Do you recollect of a gentleman coming into that store on the 13th or 14th of April with any peculiar dress?

A. I do.

Q. Give us a general idea of the dress.

A. The only portion of the dress that I noticed particularly was the coat. It was, as I remember it, a coat buttoned up with a full row of buttons in front and on the sides; with a belt fastening about the waist, and the skirt gathered into it below the waist.

Q. Do you remember the color?

A. It was some dark color, either quite a dark gray or a dark blue; I think more likely the former.

Q. Did you hear him in conversation with anybody?

A. I did

Q. About what length of time was he there, do you suppose?

A. I could not say. He was there probably ten minutes after I went in. Q. With whom was he talking?

A. He was talking with our cutter, Mr. Carroll.

Q. Have you any means of fixing the date?

A. The only means I have of knowing the date is this fact, that it was the time when one of our house was in New York buying goods. I made an entry in the cash book showing when he took money to go to New York, and when he got back from New York and settled his account.

Q. State when he left.

A. The date of his leaving is the 12th of April, 1865.

Q. The date of his return?

A. The 15th of April, 1865.

Q. Have you ever seen that man since?

A. I think I have.

Q. Where did you see him?

A. I saw him in the jail, above here.

Q. Is that the same man? (Pointing to the prisoner, who had been requested

to stand up.)

A. I have no doubt but that is the same man.

Q. Did you have any conversation with him at the jail?

A. I did.

Q. Was there anything in the tone of his voice and manner which would enable you to recollect?

I do not remember the tone of

A. Yes, sir; more especially in the manner. his voice so much as the manner of the gentleman. I saw him and heard him talking. My attention was called particularly to him by his dress. I took particular notice of that, and it was his manner that impressed me with a recognition of him.

Cross-examined by Mr. PIERREPONT:

Q. Wont you open your book again and tell the jury what that book is? A. It is a petit cash book.

Q. Do you enter in that book all the cash that is received and paid out?