we could get to Price by ourselves, and finding we could not get to Price after getting on the other side of the river we turned back, and as we came back we fell in with Cobb and staid with him ten days. Then fell in with Meyers in Callaway a little before Christmas, and we were coming home, and Meyers told me to go home and he would keep young White, and for me to return the next day at 3 o'clock. I returned the next eft this young man with Meyers. White wanted to go home with me but Meyers held him. That evening Meyers took us to the brick-kiln near Wingfield's and told us that he had something to tell us. After he go us there he hold he wanted us to tear up the North Missouri Railroad from Saint Charles to the Junction; that it was all to be torn that night and the ferryboats were to be turned at Saint Charles; that Price had ordered it. He said that the portion that was allotted to him to be torn up was between Wellsville and Montgomery City. So after we went and tore up the railroad we were going to we went back to Callaway County. On Christmas eve Captain Meyer's company started to Williamsburg to meet some companies there. From there the same night we came to Danville. Next morning we retreated to Williamsburg, and from Williamsburg proceeded to Concord by Colonel Jone's. Then we went Greenview, to Mount Zion Church. At Greenview we elected our field officers, and were attacked that same evening by Pretiss' scouts. Next morning (Saturday morning) we had a battle at Mount Zion Church, in Boone County. We were routed on Saturday, and driven from the place. White left that day, and made his way back home. I went on with Dorsey. Next day I left Dorsey and fell in with White in Callaway, and we went home together. We have been home ever since until taken prisoners by Captain Dodds.
Corss-examination by the COURT:
I live in the same neighborhood as White. I never knew of his having taken up arms before. He was sworn in under Meyers before he went into Jone's camp. Meyers lives in Lincoln County. After Jone's camp was broken Meyers remained in this part of the State. I do not know what inducements were held out by Meyers for White to join him, only that he wanted to take up arms, and was sworn in on that account. Meyers showed me his commission. It was a written authority, bearing the signature of General Price and also bore the signature of Colonel Burbridge, giving him power to raise recruits. I do not know well what it contained. I read it. The commission is as near as I can remember: "The bearer, Captain Meyers, is hereby authorized to go into General Harris' district to raise recruits for Colonel Burbridge's regiment". This bore the signature of General Price and Colonel Burbridge. I do not know whether be ever showed this commission to White. This is all the commission I ever saw Meyers have. I did not know that by the laws of war Meyers could not raise troops within the lines of the troops of the United States. I thought that this was order sufficient to compel me to tear up the railroad if Captain Meyers ordered it. I know that White wanted to go home and Meyers would no let him the day before the road was torn up. I acted as third lieutenant of Captain Meyers' company.
Mr. WILLIAM MATHEWS being produced, sworn and examined says:
Question. Do you know where White joined Meyers' company?
Answer. I do know. I know that Meyers would not let White go hom. He wanted to go. He let Bowles off. White told him he wanted to get some clothes. He told him he could not go for a few days. He told him if he would stay he wouldn't put a guard over him and if he didn't he would. I think White said if he would not put a guard over him he would stay but he would rather go hom Meyers said it was no use talking as he should not go. White staid and there was no guard over him.
The t case is here closed and the case submitted to the court.
The accused here made a voluntary statement which was written down by the judge-advocate and hereto annexed, marked Exhibit A.
This case is here submitted to the court. The proceedings were read over and the statement of the parties being thus in the possession of the commission the court was cleared for deliberation and after having maturely considered the evidence adduced find the said Frank White, the accused, as follows: