post at night and were scattered by our pickets. At daybreak three prisoners were brought in by the pickets and a part of a company under command of regimental adjutant, Lieutenant Kerr, as also several guns, horses, &c. Two of these prisoners confessed that they belonged to the gang and that they came from Arkansas with the intention to go to North Missouri and join Poindexter. The third prisoner, a certain Williams, living on the Roubidoux, claimed to be a Union man whom the rebels had dragged out of the bed forced to follow them. I released him and ordered the others to be confined to the guard-house until sent to Rolla.

As the rebels had several times on previous days fired at our sentinels and the telegraph wire was cut on the same place where the rebels crossed I left much chagrined that the pickets had brought in the two bushwhackers, and I reprimanded Lieutenant Kerr and the non-commissioned officer who commanded the pickets for not having obeyed my orders and yours, colonel, which were to annihilate the outlaws and to bring in no prisoners. Lieutenant Kerr who mistook these my expressions either for a hint or for an order to shoot the prisoners took the two prisoners out the guard tent and shot them. It was my duty to report this fact, but as I ten days ago had made an application to headquarters for a short leave of absence on regimental business to go to Saint Louis I intended to report personally at headquarters in Rolla and give the necessary explanation at your office.

I disapproved of the course which Lieutenant Kerr took, it having been illegal; but as Lieutenant Kerr is a zealous and energetic officer and mistook the words I used I don't think him culpable. You are also aware, colonel, that prejudices prevailed against the State militia and that the public press accused them for having shown too much leniency toward the guerrillas. Certain parties did not even spare the general commanding with such accusations and the Chief Magistrate of this State saw fit to advocate a more energetic policy. I therefore do not regret that the two bushwhackers were killed, the same being notorious characters, but I acknowledge that it was not the proper manner to execute them.

I remain, colonel, very respectfully, your obedient servant,

ALBERT SIGEL,

Colonel, Commanding Thirteenth Cavalry Regiment, Missouri State Militia.

[Inclosure Numbers 2.]

POST HEADQUARTERS, Rolla, September 15, 1862.

Colonel J. M. GLOVER, Commanding Rolla Division:

SIR: In pursuance of Special Orders, Numbers 120, from division headquarters, I have the honor to transmit the evidence elicited by an investigation made in accordance with said order, to wit: Statements of Lieutenants Thomas, Avery, Kerr, Brown and Reichert and of Captains Reavis and Walters. The investigation was made yesterday and I returned to these headquarters last night.

I am, colonel, your obedient servant,

H. A. GALLUP Major, Third Missouri Cavalry.

P. S. - Colonel Sigel was not present at the examination of the witnesses, although urged to appear.

H. A. G.