Answer. I do not know that he was commissioned, but I saw him at the head of some 70 or 100 men in Pettis County and they called him major. I saw the recruits go to his house day by day for several days either in July or August of last year. It may have been earlier. I have heard some of his own men since that time call him colonel.
Question. Do you know whether the accused was at the battle of Carthage and whether he there acted as an aide to the then governor, Claiborne F. Jackson?
Answer. I do not know that he was at the battle of Carthage from any other source than from the accused who told me on his return that he was there. I do not know that he was aide to Caliborne F. Jackson.
By the JUDGE-ADVOCATE:
Question. In your reply to question Numbers 8 of the accused you express your assent that the main object of the interview at your house was to make an arrangement by which the accused could have privilege to see his wife, then supposed to be in extremis. Was or was it not previously understood what would be the character of the arrangement? And was or was not the meeting held merely with a view to carry out that arrangement?
(To the last question the prisoner opposes the objection that it was leading, and he submits that as the commission has already decided that the accused cannot on cross-examination ask a leading question surely the judge-advoacate cannot ask his own witness a leading question. The commission being cleared for deliberation and the objection to the last question being duly weighed by the commission the door was reopened and the president announced the decision of the commission to be that the question should stand with the addition "Was or was it to previously understood," &c.)
Answer. In my interview with Mr. Hutchison and Mr. Barnes I sent word by Mr. Hutchison that I had no doubt that Mr. Magoffin could by giving his parole get to return home and see his wife; but there was nothing that passed between Mr. Magoffin and myself until the meeting at the hog-pen.
Question. In your reply to question 14 of the accused you say that the mere fact of your understanding that such would be the case-that is that the accused was not to take up arms against the Government or give information to the enemy within the ten days-that you do not remember that that matter was spoken of. During the time that you were present at that interview between Colonel Brown and the accused did you hear or did you not all the conversation, or was there any time when you were not paying attention to it?
Answer. I heard it all I think. From the interest I felt in the interview I heard it all of course.
There being no further questions to ask the witness the testimony he had given was read to him by the judge-advocate, and before retiring he requested permission to add to his answer to question 24, by the accused, the following: "Not until I received his letter" (marked C).
The witness was here dismissed.
The judge-advocate then introduced an attested extract (marked E and attached to the proceedings) from the report of General John Pope to the headquarters of the Department of the Missouri in regard to the operations of the army under his command previous to and at the time of the surrender of Colonel Robertson and his command at or near Milford, as evidence to show the date of said surrender; that the accused was one of the prisoners taken at said surrender; and that the said command was in armed opposition to the United States Government.