Question. Did you join them again?

Answer. Yes; the evening before we came down here.

Question. Where were you taken prisoner?

Answer. Some three or four miles below here; Meyers' company outran me.

The commission here adjourned to meet at Danville Wenesday, January 29, 1862.

DAVILLE, January 29, 1862.

The military commission met pursuant to adjournment.

Present: Lieutenant Colonel Samuel A. Holmes, Tenth Missouri Volunteers; Captain Richard Y. Lanius, Eighty-first Ohio Volunteers; Captain A. C. Todd, Tenth Missouri Volunteers; Captain M. Armstrong, judge-advocate, Eighty-first Ohio Volunteers.

John W. Owen, the accused, also present.

Whereupon said commission proceeded in the further examination of the case of the said John W. Owen as follows:

BENTLY HAYS, a citizens of Callaway County, being produced, duly sworn and examined on the part of the defense testified as follows:

BY PRISONER'S COUNSEL:

Question. Are you acuainted with the prisoner?

Answer. I am not very well acquianted with him. I never saw him but once before I was brought here a prisoner.

Question. Where was he at that time?

Answer. He was about five miles the other side of Williamsburg at a house.

Question. Who was said to be the owner of the house?

Answer. I do not recollect the name of the owner.

Question. Would you recognize the name if you wee to hear if?

Answer. I don't know, sir, whether I would or not; I don't know that I ever heard the name before.

Question. Was it Thomas Anderson?

Answer. It appears to me that it was some such name as that but I could not swear that it is name.

Question. In what direction from Williamsburg was this house?

Answer. I think it was rather a southwest direction.

Question. State what took place there in relation to mustering troops into Price's service.

Answer. Thre were men there on that day for the purpose of being sworn in to fight for Price. I know there were several sworn in.

Question. Was Captain Owen among the number sworn in?

Answer. Yes, sir; I think he was.

Question. Did any company organize on that day by electing officers, &c.?

Answer. Yes, sir; there was.

Question. Well, state who they elected as officers.

Answer. The company that was sworn in for twelve months-the company in which Owen was sworn-elected Mr. Owen as captain. I don't recollect the others elected.

27 R R-SER II, VOL I