three. Those were the only armed men I saw. Three of them were passing at full speed; the other more leisurely. My attention was directed to the main street. Knowing that Mr. Magoffin was near my attention was directed to the main street.
Question. When you saw the accused at the northwest corner of the court - house square was he armed; if so how?
Answer. He was armed with a double - barreled gun.
By the ACCUSED:
Question. The fourth report you speak of, could you say whether that was from a pistol or gun?
Answer. I believe it was from a gun.
There being no further question to propose to the witness the testimony he had given was read to him by the judge - advocate and he was dismissed. The examination on the part of the defense was here closed.
With a view to give the accused time to prepare his defense the commission at the request of the accusewd adjourned to meet tomorrow, February 20, 1862, at 12 o' clock.
SAINT LOUIS, MO., February 20, 1862 - 12 m.
The commission me 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 the accused the further reading was dispensed with for the reason that the proceedings, being composed entirely of the testimony of Samuel H. Brown, wereread to the commission and to the witnesss just before the adojurnment yesterday. The accused then presented his written defense amrked H and attached to these proceedings, and which was read by his counsel. The commission was then cleared for deliberation, and having maturely weighed and considered the evidence adduced find the accused, Ebenezer Magoffin, as follows:
Of the specification, first charge, not gruilty.
Of the first charge, not guilty.
Of the specification, second guilty.
Of the second charge, guilty.
And the commission does therefore sentence the said Ebenezer Maggorin, of Pettis County, Mo., two - thirds of the commission voting therefor, to be shot to death at such time and place as the commanding officer of this department may direct.
D. S. STANLEY,
Brigadier - General, U. S. Volunteers.
RICH'D D. CUTTS,
Colonel, U. S. Army, and Judge - Advocate.
Findings and sentence approved.
The sentence will be carried into effect at such time and place as shall be hereafter designated by the general commanding the department. In the meantime the prisoners will be confined in a cell of the military prison at Alton. *
H. W. HALLECK,
Major - General.
* Madoffin subsequently escaped.
23 R R - SEE II, VOL I