therefore been rediced to the necessity of resorting to subordinate, indirect and circumstantial evidence to prove affirmatively a fact which I thought too notorious to be gravely questioned. I have been connected with the State Guards for the period of the first call by governor Jackson. So soon as I read his proclamation I repaired to Jefferson City and was there ordered and instructed by him to raise a regiment of cavalry to act as scouts in conjuction with Major Staples, then of Georgetown, but now an officer in the Confederate Army in Virginia. This regiment was to be subject to the order of the governor. The force was raised by Major Staples and myself immediately and marched to Boonville under the command of Major Staples, I being detained by the sudden illness of mu wife. I joined the retreating State forces before they reached Carthage, Jackson. I was then ordered to return by the governor to raise recruits for the State. He declined giving me any written orders or dispatches on the ground that I might be captured by Sturgis whose position on the Osage was pointed out to me by him, as also that of Lyon. On my arrival at home which was in a few days I at once commenced recruiting in the counties of Pettis, Saline and Cooper which adjoin, and also in Missouri norht of the river I raised a company headed by Captain White. At first, when the force amounted to less than 300 men, I was elected its major, and afterward upon the increase of the body I was elected colonel. I was at the same time under the instructions of Colonel Price should order the march. The men raised by me the exception of Captain White's company went under the orders of Colonel Price, and I should have gone with them but for the fact that I was summoned as a witness to Fort Leavenworth in behalf of Mr. John J. Jones in a suit of great importance which detained me four or five days.

On my return home all of recruits had marched with the exception of twelve tain White's company, who were waiting the arrival of the balance of the company across the Missouri River. The next day after my return I carried these men to Georgetown with the view of furnishing them some supplies which they needed. My capture at that village followed and I was carried as a prisoner to Lexington. On the fall of Lexington I was at once commissioned by General Price a colonel with instructions to raise a regiment of infantry and began recruiting on the spot. I recruited many men. Some of the recruits were cut off by the U. S. forces before they joined the army. I was with the army from that period until the intelligence came of the illness of my wife when I received a permit to return home, but whit instructions to continue recruiting as soon as the health of my wife would enable me to do so. The leave of absence and the instructions were given to me by General Price in person. But for my capture I should have been at the battle of Dry Wood, and at Lexington an assailant not a prisoner. This in brief is a true history of my connection with the army. I have never been other than a legitimate belligerent. I am and have ever been opposed to guerrillla warfare. I have never engaged in it nor given it the slightest countenance. My influence and my actions have been to put down marauding or a gentleman. I used my influence to have disbanded the camp at Blackwater organized for self - defense against the home guards, and many men thus disbanded were