War of the Rebellion: Serial 114 Page 0374 PRISONERS OF WAR, ETC.

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commande on that occasion and did not in fact participate in the engagement, which resulted in the defeat of the Confederate forces. It as the evidence and all of the circumstances conduce to prove Magoffin was there for personal safety only it explains the cause of his departure from home at the time stated.

With great respect, your friend and obedient servant,

JAMES HARLAN.

I concur in the views and petition set forth above.

J. B. TEMPLE,

President Kentucky Military Board.

I concur in the view set forht in the foregoing.

G. T. WOOD,

Member of Military Board.

JNO W. FINNELL,

Adjutant - General Kentucky Volunteers.

Trial of John C. Tompkins, accused of bridge - burning, etc.

PALMYRA, MO., December 30. 1861.

At a military commission which convened on Monday, the 30th day of December, 1861, at Palmyra, Mo., pursuant to authority derived from the major - general commanding the Department of the Missouri under the following order, to with -

SPECIAL ORDERS,

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Numbers 97.

Saint Louis, December 27, 1861.

* * * * * * *

II. A military commission is hereby appointed to meet at Palmyra, Mo., on Monday, the 30th instant, or as soon thereafter as practicable, for the trial of such persons as may be brought before it.

Detailed for the commission: Colonel John Groesbeck, Thirty - ninth Ohio Volunteers; Lieutenant - Colonel Tinkham, Twenty - sixth Illinois Volunteers; Captain Henry T. McDowell; Captain David C. Benjamin; Captain Henry Binmore, assistatn adjutatn - general, who will act as judge - advocate and recorder.

The commission will sit without regard to hours.

By major of Major - General Halleck:

J. C. KELTON,

Assistant Adjutant - General.

All the members of the court - commission] detailed as above being present, John C. Thompkins was arraigned upon the following charges, to wit:

CHARGE 1: Bridge, railroad and car burning.

Specification. - that on the night of the 20th of December, 1861, the said John C. Tompkins with other persons unknown did unlawfully within the Military Districtof North Missouri burn and destroy one railroad bridge known as the Sturgeon bridge and also one other railroad bridge known as the " Long Branch bridge," and certain railroad ties, rails, tanks and cars, which bridges, ties, rails, tanks and cars formed a part of the common traveled way known as the North Missouri Railroad. This in violation of martial law prevailing ink the said Military District of North Missouri and in the State of Missouri.

CHARGE 2: Giving aid and comfort to bridge and railroad burners.

Specification 1. - That the said John C. Tompkins did by his presence and advice upon the evening and night of Friday, the 20th of December, 1861, aid and assist and afford comfort and assistance to a party of armed men who on the night of