Answer. Are you acquinted with the prisoner?

Asnwer. Have known him a good while.

Question. Did you see him at or about the time the Sturgeon bridge was burned? If so when and where?

Answer. At the time the bridges were burning I never saw him. I was carried down a prisoner to the two bridges that were burned. When we returned to Sturgeon in the morning, about 2 or 3 o'clock at night I should guess, did not see him at either bridge. There were probably three or four of them together.

Prosecution rests.

The prisoner introduced the commission of Captain Hicks in the words and figures following, viz:

The State of Missouri to all who shall see these presents, greeting:

Know ye that I, C. F. Jackson, commander-in-chief of the Missouri State Guard, reposing the utmost confidence in the fidelity, patriotism and valor of Absalom Hicks and it having been duly certified to me that he has been legally elected captain of the Sturgeon Invincibles of the Third Military District:

Now, therefore, in the name and on the behalf of the State of Missouri I, C. F. Jackson, commander-in-chief thereof, do hereby commission him captain of said company, and do authorize and empower him to discharge of said office according to law.

In testimony whereof I have hereunto set my hand and caused the great seal of the State to be hereunto affixed.

Done at the city of Jefferson, this 24th day of May, in the year of our Lord 1861, of the independence of the United States the eighty-fifth, and of the State of Missouri the forty-first.

By the commander-in-chief:

[SEAL]

C. F. JACKSON.

B. F. MASSEY,

Secretary of State.

The prisoner then introduced his commission as third lieutenant in the words and figures following, viz;

The State of Missouri to all who shall see these presents, greeting:

Know ye that I, C. F. Jackson, commander-in-chief of the Missouri State Guard, reposing the utmost confidence in the fidelity, patriotism and valor of A. R. Tompkins and it having been duly certified to me that he has been legally elected third lieutenant of the Sturgeon Invincibles of the Third Military District:

Now, therefore, in the name and on behalf of he State of Missouri, I, C. F. Jackson, commander-in-chief thereof, do hereby commission him third lieutenant of said company, and do authorize and empower him to discharge the duties of said office according to law.

In testimony whereof I have hereunto set my hand and caused the great seal of the State to be hereunto affixed.

Done at the city of Jefferson, this 24th day of May, in the year of our Lord 1861, of the independence of the United States the eighty-fifth, and of the State of Missouri the forty-first.

By the commander-in-chief.

[SEAL.]

C. F. JACKSON.

B. F. MASSEY,

Secretary of State.

The prisoner then introduced order from adjutant-general Missouri State Guard in the words and figures following, viz:

HEADQUARTERS MISSOURI STATE GUARD,
Jefferson City, Mo., June 13, 1861.

Captain A. HICKS.

CAPTAIN: I am instructed by the major-general commanding to direct that you immediately destroy the railroad bridge at Sturgeon or any other in the vicinity. After completing this duty you will repair with your company to Boonville and report to the commanding officer at that place.

I am, captain, respectfully, your obedient servant,

HENRY LITTLE,

Assistant Adjutant-General.