G.

(PICTURE*)

A represents Magoffin when witness saw him with gun. [Omitted on the original.]

B Soldiers when first seen.

C. Soldiers when fired at.

H.

MR. PRESIDENT AND GENTLEMEN, OFFICERS OF THE COMMISSION:

With you leave I now propose to present in brief some considerations in defense against the charges upon which I have been arraigned before you. Whatever may be the result of this trial, whether for me or against me, the investigation is a personal benefit I so or as it has enabled me to free myself from a portion at least of that wholesale and widespread defamation which for a long time has assailed my character as a soldier and a gentleman. I cheerfully admit that this commission at every stage of the trial has evinced a marked disposition to grant me every facility in its power to make and prepare my defense. But it is never - theless true that I have labored under peculiar difficulties.

The first charge and its specification deny to me the character of " a legitimate belligerent. " I find myself cut off by the absence of witnesses beyond my control or the control of this tribunal from testimony which would directly and unequivocally establish my status in the army in rebellion against the United States. These witnesses, embracing the highest officers from Governor Jackson and General Price down, are out of my reach and beyond the summons of the Judge - advocate. I have