Question. Do you know whether the accused at any other place and time was with the army of Price? If so where when and in what capacity?
Answer. I do not, sir. I saw him at the battle of Lexington the evening he was liberated.
Question. In what county do you reside when at home, and was your connection with the State Guard constant or only at intervals?
Answer. In Pettin County. It was ocnstant, sir, until the battle of Lexington.
Question. Were you taken prisoner at Milford? If so state whether the prisoner was there in arms or taking part against the U. S. forces.
Answer. Yes, sir. I did not see the prisoner until the morning after the surrender. I was then acting in my capacity as captain. Colonel Robertson commanded my regiment.
Question. Can you give the date of the battle of Carthage? Can you give the date of your capture at Milford?
Answer. I think it was the 10th of July. Our capture at Mildford I thin was on the 19th of December.
Question. Where were you about the 28th of August last? Do you know of anything of the disturbance at Georgetow about that time?
Answer. I know nothing about it only from hearsay.
Question. Before you started for the army at that time do you know whether the accused was engaged in recruiting soldiers for Price's army?
Answer. I think he was; I can't say that I do know it.
Question. Do you know of any arrangements being made for the exchange of the accused while he was a prisoner at Lexington?
Answer. I heard officers in our army talk of exchanging Judge Ryland for the accused.
Question. How long were you encamped on Blackwater before you were taken?
Answer. We got there a little before day and taken the next afternoon.
Question. When you did see the accused at Milford had he any arms?
Answer. No, sir; he had no arms. We were all disarmed at the time.
Question. Do you know Captain E. H. Magoffin? If so state whether you met him in the army of Price-where, when and in what capacity.
Answer. The first time I saw him in the army was last May; he was a second lieutenant. I next saw him at Boonville; he was a lieutenant then also. About the last of August I joined him near Clinton on his way to join Price. He was then in command of a company.
Question. At Jefferson City in May upon the first call for volunteers by Jackson did you or not see the accused?
Answer. No, sir; I don't think I saw the colonel there.
Question. Is the army of Price uniformed or not?
Answer. No, sir. Some of the officers have uniforms and some have not; the majority of them have not.
By the JUDGE-ADVOCATE:
Question. Are you a commissioned officer?
Answer. I have never received a commission. I think the officers receive commissions; after they have been elected and have opportunity they receive commissions.