enter upon active service until about the 23d of September. When General Frémont first came to St. Louis I was with the army at Springfield under General Lyon. I was wounded and made prisoner at the battle of Wilson's creek, when I was exchanged and came back. I was still unwell and could not enter immediately upon active service.

Question. What amount of force had General Frémont when he first took command of that department?

Answer. I think he had but a small force. I was in the field, and know that we had under General Lyon only some four thousand and some few hundred effective men. The most of them were three months men who had served out their time, and were only kept by the efforts of their officers, who told them it was absolutely necessary for them to remain until other troops could come and relieve them.

Question. Do you know anything about General Frémont fortifying St. Louis?

Answer. I found the city fortified when my health was re-established and I entered upon service again; the fortificatious were nearly completed then. Question. You know nothing about the cost of those fortifications?

Answer. No, sir; my opinion is that the fortifications were absolutely necessary and that they helped a great deal.

Question. You were with General Lyon at the time he fought the battle at Wilson's creek?

Answer. Yes, sir; and I was wounded and captured there. At that time I was lieutenant colonel of the 3d Missouri three months volunteers.

Question. What induced General Lyon to fight that battle instead of retreating before so large an army?

Answer. There was a difference of opinion whether to retreat or to fight. It was thought that it might be more dangerous to retreat without fighting them than it was to fight them. We underrated the enemy and the enemy overrated us. I know General Lyon's views about it very well, because on a former occasion, about the first of August, we had advanced against the enemy as far as Dug Spring, and there General Lyon was not sure whether he should continue to advance and attack the enemy, or whether he should fall back to Springfield or still further back. He called a council of war there, at which I was present. His spies at the time reported that there were about 25,000 or 30,000 in the enemy's army. Still he thought we might be able to beat the enemy. But in case we were beaten we would be entirely lost. He asked the opinion of everybody there in the council of war, and, if I recollect rightly, there was nobody there but General Sigel who at all expressed the opinion that we should attack the enemy. General Lyon complained very bitterly at the time of how much his command had been neglected.

By Mr. Odell :

Question. What did he mean by being neglected?

Answer. It was neglected in every way. He was not re-enforced; the men had hardly any clothes to wear, and had not been paid.

By the chairman :

Question. Were the council, all but General Sigel, for retreating?
Answer. Yes, sir.

Question. What was the final decision of that council?

Answer. The decision of the council of war would very likely have been to retreat further than Springfield. But it was broken up by the report that our outposts had been attacked by the enemy, and as we had merely agreed

to retreat, we left the council undecided how far we should retreat. We retreated only to Springfield.

Question. You say that General Lyon made great complaint of being neglected. Did he say who was to blame?

Answer. He said that instead of re-enforcing him they had at one time gone so far as to order him to send one of his regiments to the east. Question. Who made that order?

Answer. The order must have been issued by the War Department, or by General Scott.

Question. What regiment was that?

Answer. The first Missouri, Colonel Blair.

Question. Where was it?

Answer. It was with us.

By Mr. Odell:

Question. Was it removed?

Answer. No, sir; the order was countermanded. General Lyon said the neglect towards him had gone so far that they had actually ordered away one of his regiments.

By the chairman:

Question. Do you know enough about the necessities of General Frémont's command at that time to give an opinion as to whether he could and ought to have re-enforced General Lyon?

Answer. I do not think that at the time he had any troops to spare in St. Louis, and every place in Missouri was threatened by attack of the enemy; and it was quite natural that some misfortune should happen at some one place. I think Bird's Point and Cairo were very important places to be taken care of.

By Mr. Odell:

Question. Did you not get re-enforcements after the battle?

Answer. After the battle I only know what I was told, for I was a prisoner. Question. Were you not told that there were re-enforcements sent to Lyon's division after the battle?

Answer. I understood that Colonel Wyman, at Rolla, had orders to go to him, but he disobeyed them. I do not know whether for good reasons or for bad ones.

Question. Was not Colonel Stephenson also ordered to go to General Lyon's relief?

Answer. That I do not know.

Question. Was not your division re-enforced after the battle?

Answer. After the battle the whole force retreated to Rolla, and several regiments came there.

Question. How many?

Answer. I do not know, I was a prisoner for three or four weeks after the battle and was sick and did not know what was going on.

Question. Did not General Frémont send several regiments to re-enforce General Lyon's division after the battle of Springfield?

Answer. I do not know.

Question. You have an opinion about it, have you not?

Answer. I suppose several regiments were sent, because when I went through Rolla afterwards I saw several regiments there that I did not see before.

Question. Could not they have been sent to Springfield as well as to Rolla?

Answer. There is a railroad all the way to Rolla, but between Rolla and Springfield is about one hundred and twenty miles, and no railroad at all, and it would have been difficult to get the troops on.

But

Question. Armies should not stop for bad roads, should they? Answer. We always marched, whether the roads were good or bad. those troops could not have got to Springfield in time. Our regiment once marched three days to gain about eleven miles; still they marched.

Question. Did General Lyon make any complaint about not being re-enforced?

Answer. About nine days, at the council of war at Dug Spring. He never made any allusion to General Frémont. He made one allusion against Colonel Blair.

By Mr. Covode:

Question. What was that?

Answer. Because the 1st Missouri regiment of volunteers had been ordered east, and if it had been so ordered, it was through the influence of its commander, Colonel Blair.

By Mr. Odell:

Question. Do you know anything about the surrender of Lexington? Answer. I can say very little about that. I know the general state of affairs, and that it was very difficult to move the army, because there was hardly any transportation or troops to move. And the cavalry had no arms; one regiment I know had to drill with stick swords, just the same principle as wooden cannon. A day or two before Colonel Mulligan surrendered, I went to the office, though I was hardly able to do any work; I recollect hearing some telegraphic correspondence with Colonel Jefferson C. Davis at Jefferson City. He was asked whether he thought he was strong enough to break through the enemy's lines and take some provisions to our troops. He said he was strong enough to break through the lines, but he had no transportation to take provisions. Of course it would be of no use to get through without they could take provisions with them.

By Mr. Gooch:

Question. Did you go with General Frémont on his march to Springfield? Answer. Yes, sir.

Question. Were you present with General Frémont at Springfield the night before he was superseded?

Answer. I was.

Question. Were you present at his council of war ?

Answer. Yes, sir.

Question. What can you tell us about the position of the enemy at that time?

Answer. The enemy were at different places on the road from Springfield to Cassville. The nearest part of their forces were at Wilson's creek, which is about ten miles from Springfield, and then they were at all the good camping places along the road, at Dug Spring and Crane creek. The reserves were at Springfield, where General Price had his headquarters. Question. How many of the enemy were at Wilson's creek?

Answer. Only the advance guard, as you might call it, a couple of thousand of men, more or less.

Question. How near to them were the nearest forces?

Answer. Some five or six miles beyond Wilson's creek, and at different places along the road.

By Mr. Odell:

Question The main body of the army was at Cassville? .
Answer. The reserves; I did not say the main body.

By Mr. Gooch:

Question. Where was the main body?
Answer. It may have been at Dug Spring.
Question. How far is that from Springfield?
Answer. Perhaps eighteen or twenty miles.

Question. How do you know that Price's forces were located as you have represented?

Answer. I know that because General Frémont had entered into an agree ment with General Price about the war in Missouri, that no guerillas should be employed, and he had sent Lieutenant Max Tosk with a flag of truce to the headquarters of General Price to have the agreement signed. I saw this officer going and when he came back, and as I was very much interested at the time to know everything about the position of the enemy I questioned him. The agreement was signed at Cassville, and the furthest troops we had were there; there could hardly be any doubt about that.

By Mr. Odell:

Question. How far is Cassville from Springfield?

Answer. It is sixty or seventy miles, I should think.

Question. That was where General Price's headquarters were?
Answer. Yes, sir. The agreement was signed there.
Question. Do you know the date of that agreement?

Answer. I think it was the 2d of November.

Question. What day was General Frémont superseded?
Answer. I think it was the 4th of November.

Question. Within two days of the time the agreement was signed?

Answer. Yes, sir.

Question. You say you questioned this officer?

Answer. Yes, sir.

Question. What information did you get from him?

Answer. Just as I have stated to you. He said he found the enemy's troops at all these different places; he told me the names of several of the officers whose acquaintance I had made when a prisoner-Lieutenant Tosk had been made prisoner also at the battle of Wilson's creek, and knew those men by sight, and personally, and so he knew when he saw them that certain regiments were there.

Question. Was this messenger one of General Frémont's messengers? Answer. Yes, sir.

Question. Who had been to Cassville?

Answer. Yes, sir.

Question. And he returned directly to General Frémont and told you this? Answer. He did not come back while General Frémont was there. He came back after General Hunter had taken the command.

Question. You say he told you the forces were thus stationed?
Answer. Yes, sir.

Question. How long after General Hunter had taken the command did he come back?

Answer. I think the next day, say the 5th of November.

Question. Is that the only means you have of knowing what the position of the enemy was?

Answer. No, sir; I was asked how I know now that the enemy was at those places, and I told what he said, but it was a part of my business then to send out spies and scouting parties to get all the information I could, and all the reports of the scouts and of the spies were to the effect that the main body of the enemy were very near us, only a few miles beyond Wilson's creek. But I regard the information got from Lieutenant Tosk as more valuable than any other, because he had a better chance to see the enemy, and he had no interest to make himself important, and he told me all he knew about it.

Question. You were present at that council of war?

Answer. Yes, sir.

Question. Did you expect to engage the enemy the next day?

Answer. We expected to march towards the enemy and engage him if we found him at or near Wilson's creek; if we had not found him at that place we would have found him somewhere else. On that march from Tipton the enemy had all the advantage in retreating quickly through an open country, while we lacked transportation, and our provisions were scarce; still we gained forty miles on him in about ten days. After reaching Springfield the enemy had to retreat over a narrow road to Arkansas, through timber and up the hills, while we could take the open road and gain twice the time; I know we should have caught him at Cassville, or at least have caught his main body there. It was calculated so that if we did not find him at this place we should find him at the second or third place.

By Mr. Gooch:

Question. From the information which your scouts brought to you at that time, did you believe that the enemy was in considerable force within twenty or thirty miles of Springfield?

Answer. We had every reason to believe so. Major Clark Wright, who had command of Missouri volunteers, made a report very nearly in these words: "My scouts report that, not only every road, but every footpath is alive with soldiers. They are swarming like bees in a hive, and advancing towards Wilson's creek."

Question. You supposed that the enemy were coming back to give you battle?

Answer. I supposed they were going to make a show of doing so, and I believe if we had not waited in Springfield afterwards, we should have had an opportunity of beating them; and if we had not beaten them the results would have been very important. At that time, if we had driven Price's men into Arkansas, the most of his Missouri troops would have left him, especially as the agreement between him and General Frémont would have been in force, which agreement General Hunter revoked.

Question. Did you, after that council of war, go forward from Springfield on any reconnoitering party?

Answer. I myself did not.

Question. So you have no personal knowledge from anything which you had seen before, or anything which you have seen since that council of war, of the position of the enemy, but you judge wholly from the reports of scouts and messengers sent out?

Answer. I have some other reasons for believing that the enemy were very near. While we were waiting there the enemy set fire to everything to prevent our marching after them, and the fires were as near as ten miles from Springfield. And I have been over that same country twice since, and have seen what had been done there, and have heard what the few people left there have told me. They said that the sun could not be seen distinctly for two or three days on account of the smoke.