Q.  Wliat  was  the  notice  ?  A.  As  well  as  I  remember  it
read  in  this  way,  "  Mr.  Cook  beware.  Take  care  of  your  head
oi'  we  shall  have  it  before  you  leave  the  county  for  we  are  Ku-
klux  and  sworn."

Q.  Is  tliat  about  the  language  i  A.  That  is  about  the  lan-
iiuaj^e.
Q.  State  whether  oi-  not  the  sheriff'  of  the  county  ever  re-
fused to  execute  a  process  delivered  by  you  to  him  ?  A,  I
think  he  did  once.
Q.  When  was  that  ^  A.  Tliat  was  in  November  1S«;9,  I
think.
Q.  Wliy  did  he  refuse  (  A.  He  said  I  was  not  a  legal  mag-
istrate.
Q.  [By  Mr.  Graham.]  State  all  the  circumstances  T  A.-
A  colored  man  applied  for  a  warrant  against  another  colored
man  for  stealing*  a  hog.  I  made  out  tlie  papers  and  handed
them  to  the  sheriff ;  he  was  standing  at  Mr.  James  Hender-
son's door  in  Yancey  ville.  He  said  he  was  not  going  to  be
Ijothered  with  it  because  I  was  not  a  legal  magistrate.  I
said  you  seem  to  be  very  candid  about  it.  He  said  yes.  I
said  I  would  not  like  to  do  anything  but  be  right  about  it.  He
said,  "What  are  you  going  to  do  ?"  I  said,  "  I  shall  inform
the  judge,''  and  he  said  it  was  so  tliat  if  there  was  a  magis-
trate in  the  county  I  was  one.
Q.  State  w'hether  or  not  you  called  upon  the  governor
about  the  lltli  of  May,  1870,  and  if  so  what  you  stated  to  him
and  who  was  with  yuii  (  A.  Myself,  William  H.  Stevens,
Daniel  Johnson  and  Wilson  Gary  called  on  the  governor.
