Linda, I'm not sure just what this man's status was. He apparently was a Missourian named William Morrison Best, who used the aliases William Morrison or William Morris, and was carrying letters from soldiers in Price's army to their families back in Missouri. Here are some more documents relative to this incident:
HDQRS. DETACH. 13TH REGT. CAV., MISSOURI STATE MILITIA,
Camp at Rolla, June 24, 1862.
Colonel Boyd.
Colonel—I have the honor to make the following report of trip to Texas County: Arrested Colonel Best, from Livingston County, Mo. (in citizen's dress), with package of letters from Confederate Army. I herewith send package. They tell us of officers and men who have come back in different parts of State. Colonel Chiles' letter intimates, besides I get from Colonel Best, that most of the Missouri troops were coming to Mississippi River with Texas and Arkansas troops. The colonel has passes as William Morris, but before I found his name in letters found men that knew him. Passes inclosed. Found Confederate money on him, here inclosed.
I arrested also Moses Bradford, the noted guerrilla. He has caused us much trouble to run after him. He will cause us no more. I have James W. Tinsley, fed Coleman's men; I have John M. Richardson, fed Coleman's men; I have J. S. Halbert, Southern Army; knew of Coleman's men; did not give information. I shall keep these three for information and may yet fasten enough on them to shoot them. I will not trouble you with the real ones.
I arrested a minister and congregation at the place where the Reverend Wood, who was shot by Kansas Fifth, was to have preached, and preached first to the minister then to the congregation. A more attentive audience never listened to man. I told them that they had to prove by acts that they loved our Government and we would protect them and their property. I drew more tears than the minister. Left my men (eighty) at Crow's Station to bring in all who have made threats about Reverend Wood's death. Will read orders to them to-night. Will go to Hartville, Wright County, and read orders. There is a rebel force there. They have shot two Union men there. I make the rebels I shoot tell me all. I came in with letters and for more provisions and comparing information. Will shoot Best after get all from him.
I have the honor to be, colonel, your obedient servant,
H. TOMPKINS,
Major, Comdg. Detachment 13th Regt. Cav., Missouri State Militia.
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HEADQUARTERS DISTRICT OF MISSOURI,
St. Louis, July 1, 1862.
Col. J. M. Glover, Commanding Rolla Division, Rolla, Mo.
Colonel—The inclosed papers are respectfully referred to you for investigation and report. Please attend to the matter with as little delay as possible. If Major Tompkins is not guilty, as I believed him to be in issuing my order for his arrest, I desire that he be promptly restored to his command and fully exonerated. So far as I am able to judge from his report of June 24 upon which his arrest was based or from that of June 27, which I have received to-day, the shooting of Colonel Best was entirely unjustified by my orders or the customs of war. He does not appear to have been a member of any guerrilla band but a regular soldier of the rebel army on his return home. He may very probably have been a spy or been returning for the purpose of raising a guerrilla force, but neither of these would justify his summary execution without trial. No crime whatever would justify his execution without trial after he had been taken prisoner and held for several days, as appears to have been the case. Please give this and other transactions of Major Tompkins such explanation as will enable me to determine whether further proceedings are necessary.
Very respectfully, your obedient servant,
J. M. SCHOFIELD,
Brigadier-General.
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HDQRS. DETACH. 13TH REGT. CAV., MISSOURI STATE MILITIA,
Camp at Rolla, Mo., July 4, 1862.
Colonel Glover.
Colonel—I herewith by request present affidavits of Lieut. F. Avey, Lieut. William A. Lord, Corporal Gilmore, Bugler Burns, Citizen 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. Sixth, 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 do 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:
Lieut. 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 Maj. H. Tompkins gave him every opportunity compatible with his situation as a prisoner to establish his innocence, or that he did not come under Orders, No. 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, Mo., had done more for the rebellion and had killed more Union men in that county than all others. And further deponent saith not.
W. A. LORD,
Lieut., Company H, Thirteenth Regt. Cav., Missouri State Militia.
Subscribed and sworn before me this 4th day of July, A.D. 1862, at Rolla, Mo.
H. A. GALLUP,
Major, Missouri State Cav., Provost-Marshal Rolla Div.
[Sub-inclosure B.]
STATE OF MISSOURI, Phelps County, ss :
Lieut. F. Avey, of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn deposes and says on his oath that he was present a few moments after the arrest and at the shooting of Lewis Morrison, in Texas County, by Maj. H. Tompkins; that he saw the revolver and letters taken from the said Lewis Morrison and heard many of the letters read inciting to guerrilla warfare. Admitted he had no other business, and that he had come stealthily through our lines and that he was taken on by-road, avoiding our troops and passing through the worst settlement of guerrillas in this section of State. And further deponent saith not.
F. AVEY,
Lieutenant.
Subscribed and sworn before me the 3d day of July, A.D. 1862, at Rolla, Mo.
H. A. GALLUP,
Major, Missouri State Cav., Provost-Marshal Rolla Div.
[Sub-inclosure C.]
STATE OF MISSOURI, Phelps County, ss:
Oliver J. Burns, bugler of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn deposes and says on his oath that he was present within a short time after the arrest of Lewis Morrison by Major Tompkins; that he was among the first of Major Tompkins' men who came to him; that he saw the revolver and letters, and heard many of them read, which were taken from said Morrison; stood guard over him afterwards, and after Major Tompkins had told him what order of prisoners he came under he was sullen and used every strategy to get away. The greatest vigilance was required to keep him. He denied that his name was Best. Admitted he was of the rebel army, and had passed stealthily through our lines. Made no effort to prove himself not liable under Orders, No. 18. And further deponent saith not.
OLIVER J. BURNS.
Subscribed and sworn before me this 3d day of July, A.D. 1862, at Rolla, Mo.
H. A. GALLUP,
Major, Missouri State Cavalry, Provost-Marshal.
[Sub-inclosure D.]
STATE OF MISSOURI, Phelps County, ss:
Thomas Gilmore, corporal of Company H, Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn on his oath deposeth and says that he was present at the shooting of Lewis Morrison by Major Tompkins, in Texas County, Mo.; that the said Lewis Morrison admitted that he was of General Price's (rebel) army; saw the letters and heard many of them read inciting to guerrilla warfare in this State; admitted he had no other business in going to north part of State; denied that he was of any other name; saw the Confederate money taken from him; also a navy revolver of the latest pattern and largest size, the same taking place on the 23d and 25th of June, A.D. 1862. And further deponent saith not.
THOMAS GILMORE.
Subscribed and sworn before me this 3d day of July, A.D. 1862, at Rolla, Mo.
H. A. GALLUP,
Major, Missouri State Cavalry, Provost-Marshal.
[Sub-inclosure E.]
STATE OF MISSOURI, Phelps County, ss :
Jacob H. Stuart, of Phelps County, Mo., being duly sworn on his oath deposes and says that he was with Major Tompkins in his hunt for rebels from the 20th of June to the 27th day of June; that he was present within two hours after the arresting of Lewis Morrison; that he was present at his execution; that he saw the revolver and letters taken from him, and heard many of the letters read, which spoke of inciting to guerrilla warfare, in the presence of the said Lewis Morrison; that he admitted he belonged to rebel army; that he had no other object than the letters; that he admitted he had passed our lines stealthily; that he, said Morrison, was in by-roads traveling and in a section of country where nearly every inhabitant is a rebel sympathizer, and within four miles of where train was burned, and that he, said Morrison, was making inquiries for the by-roads to Waynesville, Pulaski County. And further deponent saith not.
J. H. STUART.
Subscribed and sworn before me this 3d day of July, A.D., 1862, at Rolla, Mo.
H. A. GALLUP,
Major, Missouri State Militia Cavalry, Provost-Marshal.
[Sub-inclosure F.]
ROLLA, MO., July 5, 1862.
We, Lieut. William A. Lord, Thirteenth Regiment Missouri State Militia Cavalry; Lieut. F. M. Avey, Thirteenth Regiment Missouri State Militia Cavalry; Thomas Gilmore and O. J. Burns, privates Thirteenth Regiment Cavalry, Missouri State Militia, being duly sworn testify as follows:
That Best (alias Morrison) was captured by Major Tompkins in person and alone about 12 m. on Sunday, 22d June. On Monday Major Tompkins left for Rolla for information and advice at the hands of Colonel Boyd, commanding post, and in relation to General Orders, Nos. 18 and 21, issued by Generals Schofield and Curtis. Returned to camp on Tuesday night and Wednesday morning early Best was executed (25th). The distance to Rolla from place of execution was at least thirty miles. We all regarded Best as a spy and a very bad type of a traitor. The major stated on his return that it was Colonel Boyd's opinion "Best should not be brought in." We are all perfectly satisfied that Major Tompkins was endeavoring in good faith to execute the orders above alluded to. If he has erred it is an honest error. We all testify that the major used diligently all his time and energy to ascertain whether Best came within the provisions of General Orders, Nos. 18 and 21, and it was only after he satisfied himself perfectly that he did and of his infamous and cruel character that he was executed.
We further state that in our presence one George Irving, private in Company F, First Illinois Cavalry, identified Morrison as Best, of Livingston County, Mo., and as one of the worst and most dangerous men in that county and section of the State, who had done more toward killing Union men than all the men in the county of Livingston.
W. A. LORD,
First Lieut. Co. H, Thirteenth Regt. Cav., Missouri State Militia.
F. M. AVEY,
Second Lieut. Co. H, Thirteenth Regt. Cav., Missouri State Militia.
THOMAS GILMORE,
Private Thirteenth Regiment Cavalry, Missouri State Militia.
OLIVER J. BURNS,
Private Thirteenth Regiment Cavalry, Missouri State Militia.
Subscribed and sworn to before me this the 5th day of July, A.D. 1862, at Rolla, Mo.
T. M. WILCOX,
Lieutenant and Assistant Provost-Marshal.