Friday, the 20th of Decemeber, 1861, burned and destroyed two railroad bridges, to wit, the Sturgeon bridge and the Long Branch bridge, and the track or a portion thereof of the North Missouri Railroad and sundry cars upon said track.

CHARGE 3: Aiding and abetting in the act of bridge - burning and in the destruction of a part or portion of the North Missouri Railroad and the cars and rollingtock thereof.

Specification. - That the said John C. Tompkins did on the night of Friday, the 20th of December, 1861, aid and abet in the act of bridge - burning and in the destruction of bridges and in the destruction of a portion of the North Missouri Railroad and and of cars upon the track of said railroad, by chopping with exas, by carrying fence - rail by exciting language, &c.

CHARGE 4: Treason against the Government of the United States.

Specification. - In the this, that John C. Tompkins did assume an attitude of open rebellion againts the Federal Government by taking up arms against the same and by assuming and exercising the functions, duties and powers of a soldier or officer in the rebel army within the limits proper of the State of Missouri from and after or about the 19th day of December, 1861.

DAVID McKEE,

Major Black Hawk Cavalry.

The prisoner having been asked whether he had any objection to any member of the commission, and having replied," I do not know the gentlemen; I have none," the oath prescribed by the Sixty - ninth Article of War was administered to the court - [commission] by the acting judge - advocate, and as soon as the said oath had been administered to the several members of the commission the president tthereof administered to the acting judge - advocate the oath prescribed by the Sixty - ninth Article of war, the prisoner being present while the oaths were administered.

To the first charge John C. Tompkins, the prisoner, pleads not quilty.

To the second charge John C. Tompkins, the prisoner, pleads not quilty.

To the third charge John C. Tompkins, the prisoner, pleads not quilty.

To the fourth charge John C. Tompkins, the prisoner, pleads quilty.

The acting judge - advocate [Captain Biinmore] laid before the commission telegrams as follows:

HUDSON, December 21, 1861.

Brigadier - General PRENTISS.

North Missouri road torn up below last night. * * *

WM. BISHOP,

Colonel, Commanding.

HUDSON, December 21, 1861.

J. N. GAMBLE, Superintendent, Saint Charles:

The North Missouri track is torn up and burned commencing eight miles from this place. Don't know far south they have gone. Burnt the ties, bent iron and cut the telegraph poles and destroyed the wire and burnt water - tanks.

J. B. CLARKE,

Operator,

HANNIBAL, December 23, 1861.

General PRENTISS:

The North Missoui is badly injured. * * *

J. T. HAYWARD.

ADAM GOSLING, witness introduced, being duly sworn pursuant to the seventy - third Article of War is examined as follows:

Question. Where do you reside?

Answer. In the town of Sturgeon, Boone Country, Mo.

Question. Where were you during the night of Friday, the 20th of December last?

Answer. At my house in Sturgeon.