War of the Rebellion: Serial 114 Page 0348 PRISONERS OF WAR, ETC.

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Answer. Yes, sir; he did join the army of Price. He carried a company of men with him raised in Pettis County and joined the army near Fort Scott, near Dry Wood. He entered my regiment. This was in August as well as I recollect.

Question. Do you know about when it was that the accused was taken at Georgetown? State how long before or after the capture was it that Captain E. H. Magoffin joined the army with his force raised in Pettis County.

Answer. I do not know the precise date. It was as well as I recollect near the 1st of August. It was some time about the middle part of August that the captain joined me. The capture of the father was before the joining of the son, as the latter told me of it on his way out.

Question. Did any other company from Pettis County join the army about that time?

Answer. Yes, sir; a company under Captain Staples; one under Captain McCarey.

Question. Did you know whether Colonel Price, the son of the general, was under orders raising recruits and supplies in the counties of Saline and Pettis just before the capture of accused at Georgetown?

Answer. Yes, sir; I knew that he was in Saline but don't know whether he was in the county of Pettis or not. I had a communication from Colonel Price while he was in Saline County.

Question. What was then your official position in the army of Price?

Answer. I was a captain in the army.

Question. Do you know officially as an officer in Price's army whether the accused was or not at that time recruiting and raising supplies for the army in connection with Colonel Price?

Answer. I can't answer that question positively; I do not know officially.

Question. Were you at that time yourself engaged in recruiting or furnishing supplies?

Answer. I was, sir.

Question. State whether in communications passing from officer to officer in the army of Price the accused was or not reported to be engaged in that service?

Answer. Yes, sir; he was reported to be engaged in that service. It was so reported by officers-that is in communications from Colonel Price to me as a recruiting officer.

By the JUDGE-ADVOCATE:

Question. When and where did you first see the accused on or about the 19th of December, 1861?

Answer. I first saw him on the evening before the surrender on the 18th some ten miles on the route from Grand Pass to Milford. He joined us at that time. The first I saw of him he rode up to the camp. The next time I saw him was at the surrender. I saw him a few minutes after the surrender or about that time.

Question. Was the accused under your eye during the whole action at Milford?

Answer. No, sir.

Question. How many unarmed recruits did you receive the day you were encamped near Milford?

Answer. I don't know as I received any. None reported to me.

Question. How many of your men were unarmed?

Answer. Between 300 and 400. They were close about there keeping behind trees and out of the way.