went out before me. I met him two miles this side of that house. He had Meadows prisoners and I understood from him that he, Meadows, had come into some house there for breakfast and had been captured. Adjutant Kerr handed the prisoner over to me and I brought him in and delivered him to Captain J. B. Reavis, provost-marshal.

Question. Do you know what subsequently became to Meadows?

Answer. I suppose he was shot. Adjutant Kerr came to me a little while after dark and told me that I was detailed to take the two prisoners, Meadows and Blakely (who had subsequently been brought in by the pickets), out and to shoot them. I asked him by whose order, and he said Colonel Sigle's. I asked him for written orders and he said there were none; that Colonel Sigel had ordered him to make the detail and he had detailed me. I told him that I wound see him at his tent, and asked the advice of Captain Reavis, Lieutenant Thomas and others. Lieutenant Thomas said he protested against killing prisoners. Captain Reavis said, according to his understanding of general orders, rebels in Missouri might be shot on the spot when found in arms, but if taken must be kept until tired by court-martial and could not legally be shot without sentence. I went to Adjutant Keer's tent and there saw two or three men loading their revolvers. One was Corporal Tillett, of Company C, Thirteenth Missouri State Militia. I told the adjutant that I could not kill them and that I would not furnish the detail he required of my company for that purpose. I left his tent and returned to where I had left Captain Reavis and Lieutenant Thomas and told them that I was of the opinion that the men would not be shot, and then went to my tent and went to bed and to sleep. Some time in the night I was awakened by Captain Walters inquiring what that firing was. He said he had his company all out and excepted the pickets were driven in. I told him that I had been detailed to kill two prisoners and that I had refused to comply with the orders, and that probably the prisoners had been taken out by another detail and shot. Captain Walters denounced the act in unmeasured terms and said that if prisoners were shot in such a way he would resign in the morning.

Question. Did you ever hear Colonel Sigel speak of the killing of the prisoners?

Answer. Not directly.

Question. Did you ever hear Adjutant Keer speak of that matter?

Answer. I have. I asked him that same right if they were really shot. He replied that they were shot and buried.

Question. How long was this after the men were made prisoners?

Answer. It was either the night of the same or the next day, I cannot tell now which.

HENRY B. BROWN,

First Lieutenant Company F, 13th Regiment Cav., Missouri State Militia.

Subscribed and sworn to before me this 14th day of September, 1862,

at Wayenesvill, Mo.

H. A. GALLUP,

Major, Third Missouri Cavalry.

[Sub-inclosure Numbers 5.]

Statement of Lieutenant Fancis Reichert, battalion adjutant, Thirteenth Missouri State Militia.

Question. What if anything do you know of the killing of prisoners at or near this post in the month of August?

Answer. I heard several shots the night after I got back from scout [after] Lawther's band, and the next morning heard that two prisoners taken the day before were shot that night. That is all I know about it. It was foolish business bringing them here, but after they were brought here they should not have been shot.

Question. Do you know anything of the shooting of other prisoners subsequent to the evans you have just mentioned?