post at night and were scattered by our pickets. At daybreak three prisoners were brought in by the pickets and a part of a company under command of regimental adjutant, Lieutenant Kerr, as also several guns, horses, &c. Two of these prisoners confessed that they belonged to the gang and that they came from Arkansas with the intention to go to North Missouri and join Poindexter. The third prisoner, a certain Williams, living on the Roubidoux, claimed to be a Union man whom the rebels had dragged out of the bed and forced to follow them. I released him and ordered the others to be confined to the guard-house E until sent to Rolla.

As the rebels had several times on previous days fired at our sentinels and the telegraph wire was cut on the same place where the rebels crossed I felt much chagrined that the pickets had brought in the two bushwhackers, and I reprimanded Lieutenant Kerr and the non-commissioned officer who commanded the pickets for not having obeyed my orders and yours, colonel, which were to annihilate the outlaws and to bring in no prisoners. Lieutenant Kerr who mistook these my expressions either for a hint or for an order to shoot the prisoners took the two prisoners out of the guard tent and shot them. It was my duty to report this fact, but as I ten days ago had made an application to headquarters for a short leave of absence on regimental business to go to Saint Louis I intended to report personally at headquarters in Rolla and give the necessary explanation at your office.

I disapproved of the course which Lieutenant Kerr took, it having been illegal; but as Lieutenant Kerr is a zealous and energetic officer I and mistook the words I used I don't think him culpable. You are

also aware, colonel, that prejudices prevailed against the State militia and that the public press accused them for having shown too much leniency toward the guerrillas. Certain parties did not even spare the general commanding with such accusations and the Chief Magistrate of this State saw fit to advocate a more energetic policy. I therefore do not regret that the two bushwhackers were killed, the same being notorious characters, but I acknowledge that it was not the proper manner to execute them.

I remain, colonel, very respectfully, your obedient servant, ALBERT SIGEL, Colonel, Comdg. Thirteenth Cavalry Regt., Missouri State Militia.

[Inclosure No. 2.]

POST HEADQUARTERS, Rolla, September 15, 1862.

Col. J. M. GLOVER, Commanding Rolla Division:

SIR: In pursance of Special Orders, No. 120, from division headquartters, I have the honor to transmit the evidence elicited by an investigation made in accordance with said order, to wit: Statements of Lieutenants Thomas, Avey, Kerr, Brown and Reichert and of Captains I Reavis and Walters. The investigation was made yesterday and I returned to these headquarters last night.

I am, colonel, your obedient servant,

H. A. GALLUP, Major, Third Missouri Cavalry.

P. S.-Colonel Sigel was not present at the examination of the witnesses, although urged to appear.

H. A. G.

[Sub-inclosure No. 1.]

Statement of Lieut. Thomas Thomas, Company G, Thirteenth Missouri State Militia.

Question. State fully what you know respecting the taking and killing of prisoners at or near this post since the 1st of August.

Answer. I was on the scout with Lieutenant-Colonel Eppstein. The night I returned some two or three weeks ago Lieutenant Brown came to me and said that the adjutant had detailed him by Colonel Sigel's order to shoot those prisoners taken on the scout. I told him that I should decline unless they were sentenced by some tribunal, a court-martial or military commission. At night I heard of a firing on the creek and thought our pickets were driven in, but presently heard that the prisoners were gone from the guard-house. I went to Colonel Sigel's tent to inform him of it and ascertain what was the matter and was informed by him that it was all right and ordered to my tent. The next day I visited the spot where the shooting occurred and saw the dead body of a man there.

THOMAS THOMAS,

First Lieut. Company G., 13th Regt. Cav., Missouri State Militia.

Subscribed and sworn to before me at Waynesville, Mo., this 14th day of September, 1862.

H. A. GALLUP,

Major, Third Missouri Cavalry.

[Sub-inclosure No. 2. J

Statement of First Lieut. F. M. Avey, Company H, Thirteenth Missouri State Militia.

Question. State what if anything you know of the killing of two prisoners, Blakely and Meadows, some time in August.

Answer. Two weeks ago last Friday I was officer of the day. Adjutant Kerr came to me in the afternoon and told me that he wanted the two prisoners that night; that Colonel Sigel had told him that he, Kerr, had "to finish his job." After dark I went to the adjutant's tent and took a cigar. While we were smoking Colonel Sigel came to the tent and told Adjutant Kerr that "it was time he was off finishing his job." The adjutant told me that he wanted the prisoners; that the colonel had ordered him to dispose of them and he requested me to go with him. I went to the guard-house with him and six or eight men and took the prisoners out on the old Rolla road. About one mile from town we stopped in the road and the adjutant went to get some water. We started for the water and after going a short distance came to a small cleared place in the path. Adjutant Kerr was leading the way. When we were nearly across the clearing Adjutant Kerr stepped back by the side of one of the prisoners, turned with his face toward him and fired with his revolver. At the same moment one of the men fired at the other and killed him. Several shots were fired after this, but it is not known whether any of them [took effect]. Only one of the bodies was found and I believe that the one Ådjutant Kerr fired at escaped. Question. Did you ever hear Colonel Sigel speak of the killing; and if so in terms of approbation or disapprobation?

Answer. Adjutant Kerr requested me that night not to say anything about it, "for," he said, "the colonel will give me hell if he finds out that I did not kill them both."

F. M. AVEY,

First Lieut. Company H, 13th Regt. Cav., Missouri State Militia.

Subscribed and sworn to before me September 14, 1862, at Waynesville, Mo.

H. A. GALLUP, Major, Third Missouri Cavalry.

[Sub-inclosure No. 3.]

Statement of First Lieut. William C. Kerr, battalion adjutant, Thirteenth Missouri State Militia.

Question. Do you know anything of the killing of prisoners by Colonel Sigel's orders at or near this post during the month of August? State fully.

Answer. Two prisoners taken at the California House about the 28th of August were killed by his order.

Question. To whom was Colonel Sigel's order for the killing of those prisoners given?

Answer. It was given to me. One man to assist in the killing them was detailed directly by Colonel Sigel-I think his name was Tillett, of Company C; the others I detailed by his order.

Question. How was his order given? Give his exact language.

Answer. I cannot give his exact words. He told me to take some men, and did not name any of them except the one from Company C, and shoot the two prisoners brought in in the morning.

Question. Who took the two prisoners?

Answer. I took one of them at the California House, or rather in the yard in front of the house. The other was taken by the scout that preceded me there.

Question. Who was in command of the party that did the shooting? Answer. I was.

Question. How large a detail was made?

Answer. Five or six, under the officer of the day, Lieutenant Avey, Company H, who accompanied us.

Question. Were the prisoners both killed?

Answer. They were.

Question. Have you ever heard Colonel Sigel speak of the matter; and if so, in terms of approbation or disapprobation?

Answer. I have. He has told me that they ought to have been shot, but was sorry that they were shot at that time; that it should have been done in daylight. W. C. KERR, Lieutenant and Adjutant.

Subscribed and sworn to before me this 12th day of September, A. D. 1862, at Waynesville, Mo.

H. A. GALLUP, Major, Third Missouri Cavalry.

[Sub-inclosure No. 4.]

Statement of Lieut. H. B. Brown, Company F, Thirteenth Missouri State Militia.

[Question.] State what you know of the taking of two prisoners, Meadows and Blakely, some time in August.

Answer. Our pickets were surprised at the California House. Colonel Eppstein had gone out to intercept a body of rebels that were to cross at the California House, but had gone beyond that place, leaving a picket at California House. The picket was cut off during the night from Colonel Eppstein and came in to this post. I started out with part of two companies on foot just at daybreak to proceed to the California House, six miles west of this post. Adjutant Kerr with one or two men

went out before me. I met him two miles this side of that house. He had Meadows prisoner and I understood from him that he, Meadows, had come into some house there for breakfast and had been captured. Adjutant Kerr handed the prisoner over to me and I brought him in and delivered him to Capt. J. B. Reavis, provost-marshal. Question. Do you know what subsequently became of Meadows? Answer. I suppose he was shot. Adjutant Kerr came to me a little while after dark and told me that I was detailed to take the two prisoners, Meadows and Blakely (who had subsequently been brought in by the pickets), out and to shoot them. I asked him by whose order, and he said Colonel Sigel's. I asked him for written orders and he said there were none; that Colonel Sigel had ordered him to make the detail and he had detailed me. I told him that I would see him at his tent, and asked the advice of Captain Reavis, Lieutenant Thomas and others. Lieutenant Thomas said he protested against killing prisoners. Captain Reavis said, according to his understanding of general orders, rebels in Missouri might be shot on the spot when found in arms, but if taken must be kept until tried by courtmartial and could not legally be shot without sentence. I went to Adjutant Kerr's tent and there saw two or three men loading their revolvers. One was Corporal Tillett, of Company C, Thirteenth Missouri State Militia. I told the adjutant that I could not kill them and that I would not furnish the detail he required of my company for that purpose. I left his tent and returned to where I had left Captain Reavis and Lieutenant Thomas and told them that I was of the opinion that the men would not be shot, and then went to my tent and went to bed and to sleep. Some time in the night I was awakened by Captain Walters inquiring what that firing was. He said he had his company all out and expected the pickets were driven in. I told him that I had been detailed to kill two prisoners and that I had refused to comply with the orders, and that probably the prisoners had been taken out by another detail and shot. Captain Walters denounced the act in unmeasured terms and said that if prisoners were shot in such a way he would resign in the morning. Question. Did you ever hear Colonel Sigel speak of the killing of the prisoners?

Answer. Not directly.

Question. Did you ever hear Adjutant Kerr speak of that matter? Answer. I have. I asked him that same night if they were really shot. that they were shot and buried.

He replied

Question. How long was this after the men were made prisoners? Answer. It was either the night of the same or the next day, I cannot tell now which.

HENRY B. BROWN,

First Lieut. Company F, 13th Regt. Cav., Missouri State Militia. Subscribed and sworn to before me this 14th day of September, 1862, at Waynesville, Mo.

H. A. GALLUP, Major, Third Missouri Cavalry.

[Sub-inclosure No. 5.]

Statement of Lieut. Francis Reichert, battalion adjutant, Thirteenth Missouri State Militia.

Question. What if anything do you know of the killing of prisoners at or near this post in the month of August?

Answer. I heard several shots the night after I got back from scout [after] Lawther's band, and the next morning heard that two prisoners taken the day before were shot that night. That is all I know about it. It was foolish business bringing them here, but after they were brought here they should not have been shot.

Question. Do you know anything of the shooting of other prisoners subsequent to the events you have just mentioned?

men.

Answer. Yes. I killed two and wounded one when out in command of sixteen One of them was killed by my men last Monday and the other last Tuesday. One was Elijah Grossland. He lived in Heath's Hollow. The other men were James and Washington Lemons, brothers. One of them was killed and the other wounded, all living in Heath's Hollow. The circumstances were these: We found a camp of forty rebels under command of Captain Kerry. They all ran and we followed, trying to shoot the whole of them, but only succeeded in hitting a few, killing 2, wounding 1, and taking 1 prisoner. I took Grossland at Adams' house. I had been following Grossland ten miles. When I found him I inquired if he had any arms, and both he and Adams denied having any at all, but upon making a search a revolver with three shots in it was found on the person of Grossland and a musket under the roof of the house. I put him under guard, thinking I would hang or shoot him right there because I found him under arms and he denied being armed, but I afterwards thought I would use him for a guide. I kept him for a guide from about the middle of the day till about 11 p. m. of the same day. He had given me a list of about forty rebels in the vicinity, and when I wanted him to tell me where their camp was he refused to tell me and said that I must hunt it myself and that he would tell no Dutchman. My sergeant told him then that he would have to tell or be killed, and then he tried to get away in the bushes and one of my men shot him. This was on Monday. On Tuesday we found the Lemons boys, Washington and Jim. They both ran. One of them was wounded in the back and the other lay down behind a log and begged for quarter and I took him prisoner and sent him to camp with two privates. Before they got to camp he tried to get away and they shot him. Grossland used to belong to Coleman's rebel regiment.

FRANCIS REICHERT, Adjt. Second Batt. Missouri State Militia, Col. Albert Sigel Comdg. Subscribed and sworn to before me at Waynesville, Mo., September 14, 1862.

H. A. GALLUP, Major, Third Missouri Cavalry.

[Sub-inclosure No. 6.]

Statement of Captain Reavis.

Question (by Major GALLUP). What do you know respecting the killing of prisoners by Colonel Sigel's orders? State fully and particularly.

Answer. Two prisoners were brought in and delivered to me some time in the latter part of August by Lieutenant Brown, of Company F, and I sent them to the guardhouse. They remained there till Saturday night. Saturday evening at about 8 o'clock Lieutenant Brown came over and asked, "What do you think about shooting those prisoners?" I replied, "Think hell; I don't think anything about it. It shall not be done." He replied that the adjutant had notified him that he, Lieutenant Brown, was detailed by the colonel's order to take them out and shoot them; that he did not think it was right and should refuse to do it. He then went to the colonel, and I understood the matter was settled against the shooting. The names of the men were John M. Meadows and G. B. Blakely. About 10 o'clock I heard several shots fired, but thought nothing of it till the next morning, when the bodies of Blakely and Meadows were found near town. I have since that time heard Adjutant Kerr say that he was present when the men were shot.

Question. Did you understand, when said prisoners were brought in, under what circumstances they were captured?

Answer. I understood that there was a gang of rebels crossing the road the evening before; that our pickets fired into them and scattered them. That morning Meadows came in to the pickets and gave himself up and Blakely was taken near the same place without any opposition.

Question. State explicitly the nature of the charges against those

men.

Answer. They were charged with being soldiers of the so-called Confederate Army, to which charge they pleaded "guilty." No other charges were brought against them.