There being no further questions to propose to the witness the testimony he had given was read over to him by the judge-advocate and he was dismissed.
The hour of 3 o'clock having arrived the commission adjourned until to-morrow morning, Wednesday, February 12, 1862, at 10 o'clock.
SAIN LOUIS, MO., February 12, 1862 - 10 a. m.
The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer.
The accused, Ebenezer Magoffin, also present.
The proceedings of yesterday, Tuesday, were being read to the commission by the judge-advocate when at the suggestion of the commission and the accused the further reading was dispensed with for the reason the entire day's proceedings, being the testimony of William Satterwhite and James R. Hughes, were read over yesterday to the witness by the judge-advocate.
JOSEPH SIMPSON, a witness for the prosecution, was duly sworn.
By the JUDGE-ADVOCATE:
Question. State your name, occupation and where you reside.
Anser, Joseph Simpsn; was a merchant; and reside at Buncombe, Pettis County, Mo.
Question. Have you or have you not any knowledge of a disturbance that occurred at Georgetown, Pettis County, in which a soldier or soldiers in the service of the United States were killed? and if so state what you know about it.
Answer. Yes, sir. Well, I was in there (Georgiatown) when it occurred. I seen it. Well, I saw him shoot a man and he died instantly afterward. That is all I know or believe.
Question. Are you acquainted with the accused, Ebenezer Magoffin; and if so have you seen him often before?
Answer. No, sir; I saw him when it occurred. I don't know him. Had not seen him often before. I saw him when this 'ere act was at Georgetown.
Question. Had you ever seen the accused before "this 'ere act was at Georgetown"?
Answer. I don't know as ever I did so.
Question. Who was the person whom you saw shoot a man at Georgetown?
Answer. It was Magoffin.
Question. Where were you when you say the shooting done?
Answer. I was in McClure's I believe; well, as I was out at the door.
Question. How far were you off at that time?
Answer. Well, I suppose I was about forty stept off. It was all up there at the drug store that it all occurred.
Question. Did you see the accused have a gun in his hand and did you see him fire it?
Answer. Yes, sir; I did.
Question. Describe all that you saw at the time of the firing.
Answer. Well, I don't know anything else but what is down; well, I saw him shoot.