War of the Rebellion: Serial 114 Page 0314 PRISONERS OF WAR, ETC.

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Answer. I heard him state that he had gone to Mr. Magoffin's smoke-house and found it almost empty, and he had examined the premises generally and was astonished to find that Mr. Magoffin was so poor a man, and that he (Cook) did not take any meat but that he had publicly and officially declared the entire property of the accused confiscated. That was all the damages I know. He gave as his reasons for not taking bread and meat there that there was not more than enough left for his family.

Question. Did Captain Cook state the object of the expedition to the house of the accused and the design in going in so large a force? If so state.

Answer. He told me it was for the purpose of arresting Mr. Magoffin and his company. He told me this the day before.

Question. Did the accused at either of the interviews speak of his capture and of terms and conditions of his surrender at Kidd's Hotel? If so state what he said.

Answer. I cannot state whether it was Mr. Magoffin or who told me that he had delivered himself up as a prisoners of war. Mr. Magoffin may have told me so or it may have been some of the others.

Question. Do you know who commanded the detachment of cavalvy sent to Georgetown the day of the shooting?

Answer. I understood it was Lieutenant-Colonel Day.

Question. Did the accused in either of the interviews you have referred to say why his course would have been different at Georgetown if he had known the force to have been U. S. soldiers?

Answer. Yes, sir; that with U. S. soldiers he would have felt himself safe. I told him at Lexington that one of the men that was wounded would recover and he seemed immensely delighted.

Question. State if you know whether at and before the transaction at Georgetown the accused was or not engaged with his company in procuring supplies and clothing for the army of Price?

Answer. I know that he was recruiting men but whether he was getting arms or supplies I do not know.

By the COMMISSION:

Question. Did any of the home guard in that vicinity or county wear the uniform of soldiers at the time of that transaction?

Answer. I cannot tell whether it was before or after; afterward they were in uniform but my impression is that they were not in uniform; they had tents and arms but I think ununiformed. I am satisfied they were not in uniform.

Question. Were the troops you met in Sedalia all in uniform?

Answer. Yes, sir; except a portion of the home guard. Marshall's cavalry were in uniform, and Grover's company who were with them were not in uniform.

By the ACCUSED:

Question. Do you know whether the accused had been for two mnths in camp on Blackwater, and whether he had been for some time before the affair at Georgetown away from that part of the county-that is away from Georgetown?

Answer. I know of no encampment on Blackwater. I know of an encampment at Heath Creek on his place. I think he was away; my memory serves me that. I know he was away. I learned he was in Cooper County.

Question. Do you know whether the accused had an opportunity of knowing about the time of the Georgetown affair and about ten days before it whether the home guard were uniformed or not?

Answer. I do not know, sir.