about 95 men and about 125 home guards. When I arrived ain about a half or threequartrs of a mile from Georgetown I divided a portion of my command with orders to surround and picket the town. I then proceeded on the main road, entering Georgetown with eight privates and one non-commissioned officer of the Illinois Cavalry and about sixty home guard. When we arrived withing about half a mile of the court-house at Georgetown my orderly (his name was Glasgow) says to me, looking up the hill, "Colonel, there are some soliders," seeing what we supposed to be layonets. I told him that I thought they must be Union troops. As we drew near I discovered that they were not. I supposed that they were not Union and was so convinced by their turning and running. They commenced running and we commenced running after them. Our horses being swifter than theirs we gained on them rapidly. As we ascended the hill going into town I was fully convinced that they were not Union troops or home guard from the fact that one of their number turned and tried to fire, but his gun did not go off. As we chased them along into town they ren through the town, while we were in full charge our horses being on the run. We were almost directly opposite the court-house, Georgetown; we were between the court-house and what I recollect was a frame two story building to the best of my recollection occupied as a store below; the second story was approached by a stairs on the outside in the street next to the corner, which I think was used for offices, but not positive. Up to that time I had not heard the report of any gun. Just before we were turning that corner or at that building very near there-I am not positive as to the exact position-on the street that goes past Kidd's Hotel, I heard the report of what appeared to me to be two guns, fired successively one after the other. At that instant I saw Orderly Glasgow, non-commissioned officer Illinois cavalry, reel in his saddle, jumped up like and reeled over to one side; did not go out of it. I checked my horse a trifle and ordered the nearest soldier to me to look after Glasgow as he was wounded, and that I would return directly. After I turned the corner there was a private by the name of Wheat who while my horse was slcking a little came riding past me and exclaimed: "Colonel, I am shot. " I made no reply. After I rode about ten rods several shots were exchanged. I fired two balls from my revolver at those men who were running. At that time I was not positive where the firing came from. Up to the time when I commenced there had been no firing except the two reports I have mentioned. The men who were mounted and whom we were chasing amojnted to some fifteen or twenty me, perhaps more or less armed to the best of my knowledge with double-barreled shotguns. I am strongly of the impression that I saw two or three muskets with bayonets. When I got throught to the other side of the town, the west side, I found that the home guard had all deserted me. I had five of my own men left with me that I took with me. I halted then. There was one or two men come running to me, their names I do not know, and told me that firing was from the side of the street. At that moment I heard some firing that appeared to be north of the center of the town, which I was afterward informed by Captain Mitchell, Company C of our regiment, was aimed at him and at the men under his command with him that remained over after picketing the town. While I was conversing with these two men (citizens) Captain Mitchell reported to me that he had picketed the town. Acting upon information that I received there I ordered Captain Mitchell to draw in the pickets, surround the center of the town where from the information I got I supposed the firing was. After that had been done one of the home guard, whose name I kenw quite well at that time but have forgotten it now, came to me leading a horse, saying, "That horse belonged to Magoffin. " That was the first information that I had had that he was in the immediate vicinity. From information derived from the citizens I was led to suppose that the two first guns that were fired when I was up by the court-house were fired by Magoffin. I afterward ascertained that he was probably in Captain Kidd's Hotel. I detailed a squad of men to search the building. They soon afterward returned from searching with a man said to be Magoffin, the accused. They reported to me that they had found him secreted in the garret of the hotel. When they brought him to me I was in the rear of the house-Kidd's Hotel-in the alley. The first I asked him "was his name Magoffin," and then demanded his arms if he had any. He either went and got a shotgun and one of Colt's revolvers, or gave information where they were so that one of my men got them-I am not positive which. I then asked him if he was a commissioned or non-commissioned officer in the Missouri State Guard, or any connection with the so-called Southern Confederacy as an oficer or private. He disclaimed any connection with either the Missouri State Guard or Southern Confederacy whatever. I then told him if that was the case that he was guilty of assassinating U. S. troops while in discharge of their duty. I then pinioned his arms; tied his hands behind him with rope. During this time while they were getting the gun and pistol myself and officers protected him from the fury and rage of the home guard and some of my men who were determined to kill him. I then directed one of my officers to put him in charge of the guard on his own horse, or horse that I supposed to be his, and took up the

21 R R-SER II, VOL I