Answer. About fifteen or twenty which added to the 684 makes about 700 prisoners. This is about the number to the best of my recollection. Speaking of my men I mean all that were enrolled' some may not have been sworn in. I exclude negroes. The force was on its way to join Price.
The testimony of the witness was read to him by the judge-advocate and he then requested permission to add to his answer to question 5 by accused as follows:
In giving the names of my force to the commanding officer at McDowell's College Prison in Saint Louis I reported Colonel Magoffin as traveling with my command.
C. B. ALEXANDER, colonel, Missouri State Guard, a witness for the defense, was duly sworn.
By the ACCUSED:
Question. State your name, age, rank (if any) and present condition.
Answer. Charles B. Alexander; colonel in Missouri State Guard; thirty-two; prisoners of war.
Question. Were you taken prisoner at Milford? What was your rank in command there? Who had chief command of the forces to which you belonged?
Answer. Yes, sir; lieutenant-colonel; Colonel Robertson had the chief command at Milford.
Question. Was the accused there? If so did he constitute any part of the forces to which you belong? Was he armed? Did he take any part on that occasion in consultation or action against the United States?
Answer. He was there, but did not constitute any part of the force. He was not aramed. I did not see him take any part or know of his taking any part.
Question. State any knowledge you may have of the connection of the accused with the State guard.
Answer. He has been with them. I saw him at Carthagae, or near there; don't recollect whether it was after the fight or before it and don't know whether he had any position or not or what capacity he was in. I was told at Lexington that he had a commission in the army. The accused himself told me that he had a commission. At Cassville I offered the accused the position as major in my regiment, either in the latter part of September or the first of October. He refused me telling me that it would conflict with his commission as a colonel in the army. He expected that some of his men would be there shortly, or that he would return to Pettis County to recruit. The last place I saw the accused was at Pineville in about the latter part of October or the 1st of November, on the road to Osceola.
Question. You say you were second in command at Milford. Did you ever report to any officer of the United States the accused as a colonel or as any part of the forces there taken?
Answer. No, sir; Colonel Robertson had the reporting.
Question. Do you know anterior to the prosecution or did you hear the accused say whether he had recruited forces for the army in the counties of Pettis and Saline?
(Objection to this question was made by a member of commission. The commission was cleared for deliberation and when the door was reopened the decision of the Commission was announced that the words "or did you hear accused say" should be stricken out.)
Answer. I understood that was the case, buettis County or among the recruits.
Question. Did you know Captain E. H. Magoffin, the son of the accused? If so state whether he joined the army of Price; if so whether he carried a force with him and where did he hoin with his force.