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this the investigation shows he rode on Monday to Rolla, a distance of at least thirty miles, to consult said order and to confer with Colonel Boyd, commanding post, under whose written instructions the major was acting. After the consultation it was agreed that Best should not be brought in, so on Tuesday night Major T. reached his camp and early Wednesday morning Best was executed. It appears that the time of Best's imprisonment was consumed by Major T. in ascertaining what was his duty in the premises under his oath of office to obey his superiors, and having determined from the best lights around him he acted promptly.
The foregoing constitutes about all the important facts I have been able to elicit in the hurried investigation I have been compelled to give the subject. Now the character of all those officers and men who have borne testimony I have no means of knowing save by their appearance and bearing while testifying. They seemed candid and sincere and gentlemanly. I have full confidence in the worth of their statements, Of Major Tompkins, comparatively a stranger, having known him only a few days, I take pleasure in saying his conduct and statements as far as known to me personally are those of a high-toned gentleman. Pub. lic report says of him that he is a brave, energetic and faithful officer. I am inclined to the opinion that he is not overrated. He seems to have the confidence of his men and the better part of his officers with whom I have conferred. He seems to have none of the elements of wantonness and cruelty in his character. Upon a strict and literal construc. tion of General Orders, No. 18, I am satisfied he has erred, but I am equally satisfied he was aiming to and supposed he was carrying out in good faith said order. This would appear from his own reports where he executed Best because he was taken in arms and stealthily passing our lines, &c.; did not execute a notorious guerrilla because he was captured without arms, &c. Major Tompkins seems to be candid, conscientious and undisguised, resting the whole matter upon his best intentions and the facts in the case, believing the order justified his action.
Relative to other recent transactions of Major Tompkins which you enforce upon
me to examine I cannot discover certainly to what they relate. I have only found there is some disaffection toward him on the part of one or two of his co-officers, resulting from the major's exactions in discipline and morality. If it be consistent with the bonor of the service and the commanding general's sense of duty I would be glad to see Major Tompkins restored to his command immediately, because I have no doubt that he executed Best from an honest sense of duty and because his battalion has suffered demoralization since his arrest from the evil examples and teachings of some of its officers which needs speedy correction, and which no one can do so promptly and effectually as Major Tompkins. I believe his country may expect much at his hands and his country's enemies have much to fear. I have the honor to be, general, in great haste, your obedient servant,
J. M. GLOVER, Colonel, Commanding Division,
(Inclosure.) HIDQRS. DETACH. 13TH REGT. CAV., MISSOURI STATE MILITIA,
Camp at Rolla, Mo., July 4, 1862. Colonel GLOVER.
COLONEL: I herewith by request present affidavits of Lieut. F. (M.] Avey, Lieut. William A. Lord, Corporal Gilmore, Bugler Burns, Citizen Jacob I. Stuart (who was my guide) in the matter of my execution of Lewis Morris, in Texas County, Mo. The letters show him to be Colonel Best. He denied it. Facts proved are:
First, a rebel. Second, he came stealthily through our lines. Third, armed. Fourth, exciting to guerrilla warfare. Fifth, passing through the worst section we have to contend with, evading our forces. Sixth, I gave him every opportunity to clear himself of the charge. Seventh, he made no plea that he was not guilty as to facts. Eighth, he presented pass from General Price, of rebel army, to pass into Missouri. Ninth, he was guilty not only of passing our lines (which would make him a spy) but of carrying the elements of sedition and insurrection with him in letters from those whom our army had driven out of State.
And when he carries letters for others with their guarded advice, with the risk attending him, it is reasonable to believe he carried more in his heart, as I am well aware that he would have shot me but for my constant vigilance in not giving him an opportunity. I was alone when I captured him, and for one hour and a half before my men came. To be sure I was right I rode to Rolla, thirty-five miles, and was assured by Colonel Boyd that it was my duty to execute bim; by General Curtis' and General Schofield's orders that I could not do otherwise.
The fact of taking him prisoner and then shooting him afterwards is no abridgement of his rights under these orders, and was for my security of duty and information. Besides if men are taken with arms who did not fire upon me I should feel it my duty to take sufficient time before executing them to take military proof of their character. Should citizens only prove it turn them over to commission. The death penalty is hard to inflict.
In this case my own knowledge was the evidence and the only question was did he come under the order. I endeavored to act with great care by seeing Colonel Boyd in person. I was ordered to go to Hartville, Wright County, and to have moved him was to have endangered his escape for which I would have been held responsible. Some to clear themselves might have given him a chance and thus executed the order. What I cannot do openly under orders I cannot consent to do slyly or by false or created pretext. I have the honor to be, colonel, yours, obediently,
H. TOMPKINS, Major, Thirteenth Regiment Cavalry, Missouri State Militia.
STATE OF MISSOURI, Phelps County, 88:
Lieut. William A. Lord, of Company H, Thirteenth Regiment Cav. alry, Missouri State Militia, being duly sworn on bis oath deposes and says that he witnessed the execution of Lewis Morrison by Major Tompkins; that Maj. H. Tompkins gave him every opportunity compatible with his situation as a prisoner to establish his innocence, or that he did not come under Orders, No. 18, issued by General Schofield; that said Morris was sullen and uncommunicative after his arrest to any but his fellow-prisoners, and seemed determined to keep all information to himself; that he was identified by one George Irving, of Company F, First Illinois Cavalry, as being as he called him “Old Best.” This was done by said Irving in presence of said Best. He, Irving, stated further that this man and his family and the McDow family, of Livingston County, Mo., had done more for the rebellion and had killed more Union men in that county than all others. And further deponent saith not.
.W.A. LORD, Lieut., Company H, Thirteenth Regt. Cav., Missouri State Militia. Subscribed and sworn before me this 4th day of July, A. D. 1862, at Rolla, Mo.
H. A. GALLUP, Major, Missouri State (Militia) Cav., Provost-Marshal Rolla Div.
(Sub-inclosure B.) STATE OF MISSOURI, Phelps County, ss :
Lieut. F. (M.) Avey, of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn deposes and says on his oath that he was present a few moments after the arrest and at the shooting of Lewis Morrison, in Texas County, by Maj. H. Tompkins; that he saw the revolver and letters taken from the said Lewis Morrison and heard many of the letters read inciting to guerrilla warfare. Admitted he had no other business, and that he had come stealthily through our lines and that he was taken on by-road, avoiding our troops and passing through the worst settlement of guerrillas in this section of State. And further deponent saith not.
F. (M.] AVEY,
Lieutenant. Subscribed and sworn before me the 3d day of July, A. D. 1862, at Rolla, Mo.
H. A. GALLUP, Major, Missouri State (Militia] Cav., Provost-Marshal Rolla Div.
[Sub-inclosure C.] STATE OF MISSOURI, Phelps County, ss :
Oliver J. Burns, bugler of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn deposes and says on his oath that he was present within a short time after the arrest of Lewis Mor. rison by Major Tompkins; that he was among the first of Major Tompkins' men who came to him; that he saw the revolver and letters, and heard many of them read, which were taken from said Morrison; stood guard over him afterwards, and after Major Tompkins had told him what order of prisoners he came under he was sullen and used every strategy to get away. The greatest vigilance was required to keep him. He denied that his name was Best. Admitted he was of the rebel army, and had passed stealthily through our lines. Made no effort to prove himself not liable under Orders, No. 18. And further deponent saith not.
OLIVER J. BURNS. Subscribed and sworn before me this 3d day of July, A. D. 1862, at Rolla, Mo.
H. A. GALLUP, Major, Missouri State [Militia) Cavalry, Provost- Marshal.
[Sub-inclosure D.] STATE OF MISSOURI, Phelps County, 88:
Thomas Gilmore, corporal of Company H, Thirteenth Regiment Cav. alry, Missouri State Militia, being duly sworn on his oath deposeth and says that he was present at the shooting of Lewis Morrison by Major Tompkins, in Texas County, Mo.; that the said Lewis Morrison admitted that he was of General Price's (rebel) army; saw the letters and heard many of them read inciting to guerrilla warfare in this State; admitted he had no other business in going to north part of State; denied that he was of any other name; saw the Confederate money taken from him; also a navy revolver of the latest pattern and largest size, the same taking place on the 23d and 25th of June, A. D. 1862. And further deponent saith not.
THOMAS GILMORE. Subscribed and sworn before me this 3d day of July, A. D. 1862, at Rolla, Mo.
H. A. GALLUP, Major, Missouri State (Militia] Cavalry, Provost-Marshal.
(Sub-inclosuro E.] STATE OP MISSOURI, Phelps County, 88:
Jacob H, Stuart, of Phelps County, Mo., being duly sworn on his oath deposes and says that he was with Major Tompkins in his hunt for rebels from the 20th of June to the 27th day of June; that he was present within two hours after the arresting of Lewis Morrison; that he was present at bis execution; that he saw the revolver and letters taken from him, and heard many of the letters read, which spoke of inciting to guerrilla warfare, in the presence of the said Lewis Morrison; that he admitted he belonged to rebel army; that he had no other object than the letters [sic]; that he admitted he had passed our lines stealthily; that he, said Morrison, was in by roads traveling and in a section of country where nearly every inhabitant is a rebel sympathizer, and within four miles of where train was burned, and that he, said Morrison, was making inquiries for the by-roads to Waynesville, Pulaski County. And further deponent saith not.
J. H. STUART. Subscribed and sworu before me this 3d day of July, A. D., 1862, at Rolla, Mo.
H. A. GALLUP, Major, Missouri State Militia Cavalry, Provost- Marshal.
. (Sub-inclosure F.]
ROLLA, Mo., July 5, 1862. We, Lient. William A. Lord, Thirteenth Regiment Missouri State Militia Cavalry; Lieut. F. M. Avey, Thirteenth Regiment Missouri State Militia Cavalry; Thomas Gilmore and 0. J. Burns, privates Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn testify as follows:
That Best (alias Morrison) was captured by Major Tompkins in person and alone about 12 m. on Sunday, 22d June. On Monday Major Tompkins left for Rolla for information and advice at the hands of Col. onel Boyd, commanding post, and in relation to General Orders, Nos. 18 and 21, issued by Generals Schofield and Curtis. Returned to camp on Tuesday night and Wednesday morning early Best was executed (25th). The distance to Rolla from place of execution was at least thirty miles. We all regarded Best as a spy and a very bad type of a traitor. The major stated on his return that it was Colonel Boyd's opinion "Best should not be brought in." We are all perfectly satistied
that Major Tompkins was endeavoring in good faith to execute the orders above alluded to. If he has erred it is an honest error. We all testify that the major used diligently all his time and energy to ascertain whether Best came within the provisions of General Orders, Nos. 18 and 21, and it was only after he satisfied himself perfectly that he did and of his infamous and cruel character that he was executed.
We further state that in our presence one George Irving, private in Company F, First Illinois Cavalry, identified Morrison as Best, of Liv. ingston County, Mo., and as one of the worst and most dangerous men in that county and section of the State, who had done more toward killing Union men than all the men in the county of Livingston.
W. A. LORD,
F. M. AVEY,
THOMAS GILMORE, Private Thirteenth Regiment Cavalry, Missouri State Militia.
OLIVER J. BURNS, Private Thirteenth Regiment Cavalry, Missouri State Militia. Subscribed and sworn to before me this the 5th day of July, A. D. 1862, at Rolla, Mo.
T. M. WILCOX, Lieutenant and Assistant Provost-Marshal.
BALTIMORE, July 6, 1862. Col. E. S. SANFORD:
(For W. W. Harding, Philadelphia Inquirer, Philadelphia.)
Arrived here from Fort Monroe this a. m. and gives cheering accounts of McClellan's army up to Friday p. m. On that day national salute and review by McClellan. Still occupies strong and invincible position. Men anxious to move to Richmond and full of spirits. They heard rumor that movement was called defeat and very indignant as they deem it brilliant success. Richmond papers announce arrival of McCall. I learn that he was wounded slightly in arm during battle and three hours after which in piece of woods captured before he could draw pistol or sword. Richmond papers Friday acknowledge loss 30,000. Reported death Stonewall Jackson denied. He is said to be on left bank Chickahominy. Captain Hazzard, Fourth Artillery, arrived this morning from Fortress badly wounded [in] leg with grape-shot. Spaulding and large ship in tow with sick and wounded left fortress Saturday evening for New York. Also large steamer for Philadelphia. Steamer Massachusetts arrived at Fortress Friday night with Lieuts, G. W. Brown and N. J. Camp, Twenty-third Missouri; J. S. Agey and G. H. Logan, Fourteenth Iowa; H. W. Mays, Ninth Kentucky, and Sergeants I. N. Rhodes and Milton Rhodes, Fourteenth Iowa, escaped prisoners, on board. All were captured at Shiloh except Mays, who was ken by the guerrilla Morgan. They belonged to General Prentiss' brigade and they corroborated the statement that the surrender took place in the evening after stubborn struggle. While at Macon, Ga., June 1, Lieutenants Camp, Brown and Mays determined to escape. They passed sentinels and walked through town singing Dixie. Traversing swamp at midnight reached Ocmulgee River and finding small boat, by using tin plate and canteen for paddle, started. Next morning found them twenty-five miles from Macon. Secreted themselves all