War of the Rebellion: Serial 114 Page 0320 PRISONERS OF WAR, ETC.

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Question. What was the color of the horse which the man held when he shot?

Answer. I don't recollect the color of his horse.

Question. Did you see anyone help man who was shot from his horse?

Answer. Well, I don't know; there was a whole crowd around him; saw him fall off and seed him die. The horse on which the man was was going on at the time of the fire.

There being no further questions to propose to the witness the testimony he had given was read to him by the judge-advocate and he was dismissed.

The commission adjourned to meet to-morrow, Thursday, February 13, 1862, at 10 a. m.

SAINT LOUIS, MO., February 13, 1862 - 10 a. m.

The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer.

The judge-advocate having informed the commission that an important witness on the part of the United States was absent but would certainly arrive to-day the commission, in order that he prosecution might not be closed before the examination of said witness, adjourned until to-morrow, February 14, 1862, at 10 a. m.

SAINT LOUIS, MO., February 14, 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 the 12th and 13th were read to the commission by the judge-advoacte.

Lieutenant Colonel H. M. DAY, a witness for the prosecution, was duly sworn.

By the JUDGE-ADVOCATE:

Question. State your name and rank.

Answer. Lieutenant Colonel H. M. Day, First Illinois Cavalry.

Question. Have you any knowledge of a disturbance that occurred at Georgetown, Pettis County, in which a soldier or soldiers of the U. S. volunteer forces and in the service of the United States Government were killed? If so state what you know.

Answer. I have, sir. By order of General Grant, commanding at Jefferson City, our regiment, commanded by Colonel Marshall, in connection with about 400 home guard, commanded by Colonel Grover, left Jefferson City on or about the 24th day of August, 1861, by order of General Grant; and having a list of what was supposed to be the principal rebels or secessionists on our line of march to Lexington I was in the haibt of going ahead of the main body with an average of from 200 to 400 men for the purpose of surrounding and picketing the towns as we approached them. My reason for surrounding and picketing the towns and going in advance was to make arrests of the principal secessionists to be found in the town. We wanted to arrest them and hold them as hostagest for the good behavior of the citizens of the place; also understanding there were no mails in that section of the country we were endeavoring to suppress any communication that might go in advance of us if possible. I left the main body of the command one morning about the 28th or 29th of August, 1861, with Company C, First Regiment Illinois Cavalry, composed of