The accused, Ebenezer Magoffin, also present.
The proceedings of yesterday were being read by the judge-advocate, when by the assent of the commission and the accused the further reading was dispensed with.
The examination of the witness, Colonel E. B. BROWN, was resumed.
By the ACCUSED:
Question. Was or was not the acused regarded and treated by the officers of the United States in command at Sedalia and at other posts in Missouri as a belligerent of the grade of colonel in the ranks of the enemy?
Answer. He was.
Question. Had you any reason to doubt the status thus assigned to him?
Answer. I had not.
Question. Had you or had you not official information that the accused was in the battle of Carthage in arms against the U. S. forces in the capacity of aide to the governor of the State, Claiborne [F.] Jackson; that he afterward raised a regiment in the counties of Staline and Pettis, in this State, in virtue of a commission as colonel, under the proclamation of Jackson, or of his major-general, Sterling Price?
Answer. No information on the subject, official or otherwise.
Question. Where were you stationed at the time of the battle of Carthage?
Answer. Jefferson City, MO., which is sixty- four miles from Sedalia.
Question. What portion of this State did the home guards which you have referred to as bitterly hostile to the accused occupy?
Answer. I know of it only in the vicinity of Sedalia.
Question. How far is it from Sedalia to Clear Creek? and how far from Sedalia to Warrensburg? How far from the residence of the accused is Clear Creek?
Answer. Sedalia to Clear Creek, twenty-six miles; sedalia to Warrensburg, thirtyfive miles; residence of accused to Clear Creek, I do not know the distance certain- I think about twenty-five miles.
Question. Did you or did you not at Otterville, in this State, in your capacity of an officer of the United States trat with the accused? If your answer be in the affirmative, state the capacity in which the accused was recoguized by you and the general character of the treaty you made with him.
Answer. I did trat with him. He was recognized by me as a private citizen. I was at Otterville with my command about the 14th of August, 1861, where I met a committee of seven gentlemen, of whom the accused was one, sent for the purpose of making a traty from a camp about twelve miles north of that place who the committee alleged were banded together in a private capacity for the purpose of protecting themselves against marauding bands of home guards and other parties claiming to be soldiers. The traty was not as one between two belligerent parties. The committee disclaimed any wish, desire or intention of taking up arms against the Government of the United States and agreed to disband and go to their homes upon the issuing of orders preventing soldiers without any show of authority from arresting private citizens or taking their property. I issued the orders, sent about 1,000 conies to the camp from which the committee was sent and moved my command back to Jefferson City. Immediately on receipt of the orders the camp was broken up.