War of the Rebellion: Serial 114 Page 0349 EARLY EVENTS IN MISSOURI, ETC.

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Question. How many camp-followers, sympathizers and citizens were in your camp near Milford besides the men regularly enrolled?

Answer. Well, sir, it was impossible to tell; there might have been 10, 15 or 20 or 100. They had no uniforms and only knew the citizens when roll was called.

Question. Do you know whether the accused took any part in or was consulted as to the surrender at Milford?

Answer. I do not, sir.

Question. Did you have any conversation with the acused at any time at camp near Milford or before your arrival there?

Answer. I think we had some little conversation on the first evening he came up to me. I have no recollection of the converesation other than asking how his wife was. He was not armed; had no gun-at least saw no arms about him.

The testimony given by the witness was read to him by the judge-advocate and he was dismissed.

WALTER ROBERTSON, a witness for the defense, was duly sworn.

By the ACCUSED:

Question. State your name, age and present position.

Answer. Walter Robertson; thirty years; prisoner of war.

Question. Were you taken prisoner at Milford? In what capacity did you there act?

Answer. I was. I was acting as private secretary and temporary aide to my brother, the colonel.

Question. State whether the accused was armed at Milford; whether he constitued any part of the forces to which you belonged; whether he took any part against the United States on that occasion.

Answer. He was not armed to my knowledge; he was not armed during the fight. I saw him during the fight but not previously. He did not constitute any part of the forces that I know of; I saw him take no part against the United States. I was passing from one company to another from different parts of the field and saw him sitting on his horse-he was in the timber a little back rather to the rear of where the forces were statinoed; when I saw him he was sitting alone to the best of my recollection. He was within 75 or 100 yards where a portion of our men was stationed. He was not armed; no gun.

The testimony given by the witness was read to him by the judge-advocate and he was dismissed.

The commission then adjourned to meet to-morrow, February 19, 1862, at 10 a. m.

SAINT LOUIS, MO., February 19, 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 by the judge-advocate to the commission when at the suggestion of the commission and the accused the further reading was dispensed with.

SAMUEL H. BROWN, a witness for the defense, was duly sworn.

By the ACCUSED:

Question. What is your name, age, residence and rank (if any)?

Answer. Samuel H. Brown; twenty-nine years old; Pettis County, Mo., near Georgetown; no rank; am a farmer.