The accuse, Colonel Ebenezer Magoffin, also present.
Captain Lewis [Louis H.] Marshall, Tenth U. S. Infantry, being present [in pursuance of an omitted order of General Halleck], the judge-advocate asked the accused if he had any objection to Captain Marshall being a member of the commission, to which he replied he had not. Captain Lewis Marshall, Tenth U. S. Infantry, was then duly sworn by the judge-advocate in the presence of the accused.
The accused then presented his plea to the jurisdiction of the commission for the offense set forth in the specification under charge 1, which plea was read to the commission by the counsel for the accused, and will be found attached (marked A) to these proceedings.
The commission was then cleared for delibertion, and after duly weighing the argument and reasons adduced the doors were reopened and the presindent announced the decision of the commission to be adverse to the plea of jurisdiction as urged by the accused.
The accused was then arraigned upon the following charges an specifications, which were read aloud to the commission by the judge-advocate:
CHARGE 1: Killing in violation of the laws of war.
Specification. -In this, that he, Ebenezer Magoffin, of Pettis County, Mo., not being a legitimate did wantonly an maliciously kill and murder George W. Glasgow, a sergeaut in Company C, First Illionois Cavalry, and a soldier in the service of the United States by shooting him with a ball from a gun or pistol. This at Georgetown, Pettis County, Mo., on or about the 1st day of September, 1861.
CHARGE 2: Violation of parole.
Specification-In this, that he, Ebenezer Magoffin, of Pettis County, Mo., said to be an officer in the rebel army, having on or about the 10th day of December, 1861, given his parole of honor not to resume arms against the Government of the United States and having in consideration therefor received a safeguard dated December 10, 1861, did violate said parole of honor. This at or near Milford, Johnson County, Mo., on or about the 18th day of December, 1861, where and when said Magoffin was captured in arms and in league with the enemies to said government of the United States.
The judge-advocate then addressed the accused as follows: "You have heard the charges preferred against you; how say you, guilty or not guilty?"
To which he pleaded as follows:
To the specification, first charge, not guilty.
To the first charge, not guilty.
To the specification, second charge, not guilty.
To the second charge, not guilty.
Lieutenant Colonel E. B. BROWN, a witness for the prosecution, was duly sworn.
By the JUDGE-ADVOCATE:
Question. State your name and rank.
Answer. E. B. Brown; lieutenant-colonel of the Seventh Regiment of Missouri Volunteers.
Question. Are you acquainted with the accused?
Answer. I am.
Question. Have you within the last two months had any business with the accused in your official capacity as an officer in the U. S. service? And if so state what that business was.
Answer. On or about the 6th day of December, 1861, I was stationed at Sedalia, Pettis County, Mo. At that time it was reported that the accused was in the vicinity of his residence, about twelve miles distant from Sedalia, making an effort to see his wife, who was dangerously ill. It was also reported that he was desirous