Jacob H. Stuart (who was my guide) in the matter of my execution of Lewis Morris, in Texas County, Mo. the letters show him to be Colonel Best. He denied it. Facts proved are:

First, a rebel. Second, he came stealthily through our lines. Third, armed. Fourth, exciting to guerrilla warfare. Fifth, passing through the worst section we have to contend with, evading our forces. Sicht, I gave him every opportunity to clear himself of the charge. Seventh, he made no plea that he was not guilty as to facts. Eighth, he presented pass from General Price, of rebel army, to pass into Missouri. Ninth, he was guilty not only of passing our lines (which would make him a spy) but of carrying the elements of sedition and insurrection with him in letters from those whom our army had driven out of State.

And when he carries letters for others with their guarded advice, with the risk attending him, it is reasonable to believe he carried more in his heart, as I am well aware that he would have shot me but for my constant vigilance in not giving him an opportunity. I was alone when I captured him, and for one hour and a half before my men came. To be sure I was right I rode to Rolla, thirty-five miles, and was assured by Colonel Boyd that it was my duty to execute him; by General Curtis' and General Schofield's orders that I could not do otherwise.

The fact of taking him prisoner and then shooting him afterwards is no abridgement of his rights under these orders, and was for my security of duty and information. Besides if men are taken with arms who did not fire upon me I should feel it my duty to take sufficient time before executing them to take military proof of their character. Should citizens only prove it turn them over to commission. The death penalty is hard to inflict.

In this case my own knowledge was the evidence and the only question was did he come under the order. I endeavored to act with great care by seeing Colonel Boyd in person. I was ordered to go to Hartville, Wright County, and to have moved him was to have endangered his escape for which I would have been held responsible. Some to clear themselves might have given him a chance and thus executed the order. What I cannot to openly under orders I cannot consent to do slyly or by false or created pretext.

I have the honor to be, colonel, yours, obediently,

H. TOMPKINS,

Major, Thirteenth Regiment Cavalry, Missouri State Militia.

[Sub-inclosure A.]

STATE OF MISSOURI, Phelps County, ss:

Lieutenant William A. Lord, of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn on his oath deposes and says that he witnessed the execution of Lewis Morrison by major Tompkins; that Major H. Tomplins gave him every opportunity compatible with his situation as a prisoner to establish his innocence, or that he did not come under Orders, Numbers 18, issued by General Schofield; that said Morris was sullen and uncommunicative after his arrest to any but his fellow-prisoners, and seemed determined to keep all information to himself; that he was identified by one George Irving, of Company F, First Illinois Cavalry, as being as he called him "Old Best. " This was done by said Irving in presence of said Best. He, Irving, stated further that this man and his family and the McDow family, of Livingston County,