To specification to charge 3, not guilty.

To charge 3, not guilty.

The accused here made a statement of the facts in his case which were taken down by judge-advocate and then signed by accused. Said statement is here made a part of this record as follows:

My purpose for going into the army-I though our State was invaded. I volunteered to defend it. After I was sworn in by Captain Meyers and could not get to Price I remained on this [side] of the river until about the 17th of December. Captain Meyers told me that Price was coming to the river and had ordered the railroad to be torn, and took me the same evening to the river. After was tore up the railroad we returned to Callaway-came to Williamsburg first; then to Danville; then back to Boone County, to Mount Zion Church, where we had the fight with Prentiss' men. After that Colonel Doresy disbanded us and I returned home to Montgomery, and was taken there by Captain Dodds. Was taken to Wellsville and from there to this place. I enlisted in Callaway County and was then sworn in under Meyers. I took an oath to defend in the State of Missouri as a State guard at same time with White-three days before going into Jones' camp. I went there and staid till the treaty was made between Jones and Henderson. I then went home. From there I and White tried to go to Price by ourselves. We crossed the river once and not being able to get to Price returned and fell in with Meyers on the way back and was taken the next evening to the railroad. After tearing up the railroad we returned to Callaway. I did not know that it was contrary to the laws of war to take up arms within the lines occupied by troops of the United States. I thought General Price had authority to raise recruits within the lines of U. S. troops here and could give authority to do this.

JOHN BOWLES.

Mr. B. F. WHITE being sworn and examined on part of the defense says:

I know that John Bowles was sworn in under Meyers. I know that Meyers had a commission from Price to raise recruits for Burbridge's regiment. I saw the commission.

Cross-examination:

Question. Where does the prisoner live?

Answer. In Montgomery County. He is a farmer. I have know him some eight or nine years. He joined Meyers along in the fall the Lexington fight. He went into Jones' camp. Jones and Henderson formeda treaty and all were disbanded except Meyer's men. He had fifteen or twenty. The prisoner was one of the fifteen or twenty. He staid with them tive or six days, and when we found we could not get through we went home. We staid there about two weeks. We found we could not stay a home and crossed the river to go to Price. We could not get to Price and turned back. Fell in with Cobb; did not know him. He took us to one side of the road and told us he had some work for us to do. We refused to go with him. He said he had authority to force those who would not go willingly. He took out his sword and told us we would have to go. We went and staid two days and then slipped off from him. As we came to the lower edge of Callaway we met Meyers. It was our intention to go straight home. He said fifteen or twenty men. We wanted to go home. He left John go on his promise to come back. He would not let me go at all. John came back. He went down to the brick-kiln next evening and there he said he had something to tell us; that he had orders form General Price to tear up the North Missouri Railroad. Not only did he say so but others-old men whom we took to be truthful men. He told us to get on our horses and follow him. Then he placed out guards so that no man could get out. We worked to about 12 o'clock. Then we marched back into Callaway. John came back and was then tearing up the road. He had no arms. He did not get any till he started up to Mount Zion. After the fight at Mount Zion he went back home. Meyers' commission was written on a piece of letter paper I think. It was authority to raise troops for Burbridge's regiment. I saw it was read to me; was signed by General Price and Colonel Burbridge. I saw no written order to tear up the road. He said he had orders to tear up the road. We had confidence to believe him. I did not want to go into it. John said if it was orders from Price he was willing to go; but if not he did not want to go. I did not know do I think he knew that the railroad was to be torn up. Before he came I heard Meyers talking about the railroad but did not know what it meant.