War of the Rebellion: Serial 114 Page 0326 PRISONERS OF WAR, ETC.

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Question. Can you recollect whether the accused went away for his arms after he was brought into your presence?

Answer. He either told some of my men where they were or went with them himself; I am not positive which.

Question. Was this first interview in the hotel or out of it? If out of it, how far from it?

Answer. It was out of the hotel; should think probably three rods from the hotel.

Question. Were the home guards who wanted to kill the accused the men who had deserted you?

Answer. I do not know; I presume some of them were.

Question. How soon after your arrival in Sedalia was it that you delivered over the accused under the order of your commanding officer to the officer of the guard?

Answer. I should think within five minutes after we entered the encampment; the same evening of the occurrence at Georgetown and before sundown.

Question. Why did you seek another interview with the accused, and when was that?

Answer. The thought suggested itself to me that I had not examined his person to see if he had any weapons secreted on his person, and further to ascertain if he had any papers to give us any intelligence in regard to the movements of the enemy. This occurred about dusk the same day.

Question. Was it not your purpose to extract a confession from him as to the shooting?

Answer. It was not.

Question. Was the officer of the guard present at the search or any one else besides yourself and accused?

Answer. Thee was some one else; I can't say who it was. There was one or two of the guard. Colonel Hughes was not one of them.

Question. Was the conversation you started with him at all necessary to the object you say you had in view, viz, the search?

Answer. No, sir; it was volunteered on my part-wholly unnecessary.

Question. Was it any part of your purpose in going to the second interview t gratify the vindictive feelings you acknowledge to have felt against the accused?

Answer. It was not.

Question. Did you not find on his person a letter directed to the accused by the title of major?

Anwer. I did. I don't know where it is now. The last I saw of it it was with my baggage which was lost at Lexington.

The commission adjourned to meet to-morrow, Saturday, February 15, 1862, at 10 a. m.

SAINT LOUIS, MO., February 15, 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 were being read to the commission by the judge-advocate when at the suggestion of the commission and