I suspect that your Hersberger is actually the Harshbargers. William Penn and John Wesley Harshbarger were both members of Co. A of the 16th MO Cav based at Springfield. They were the young son's of Samuel A and Elizabeth Harshbarger of Virginia. As noted here
http://www.ozarkscivilwar.org/archives/1312
the 6th PEMM gave rise to the 16th Mo Cav. All three are listed as being in the 6th PEMM as well on the SOS site. The Harshbargers are found in Dade Co in the 1850 and 1860 census.
Samuel A's card here
http://www.sos.mo.gov/TIF2PDFConsumer/DispPDF.aspx?fTiff=/archives/AdjutantGeneral/Civil_War/ServiceCards/s820/0483.tif&Fln=S145559.pdf
indicates he was promoted to Srgt then Lieutenant in 1863. He and William P (his eldest son) both served in the 74th EMM in 1862. All were enrolled at Ash Grove.
Service with the 6th and 16th would put them in the position to potentially being part of the Union "murder squad" that operated out of Springfiled in 1863. See Bruce's post later in thread for details.
There is no doubt that the Harshbargers were involved in suppressing guerrilla activity as Samuel A filed suit against a number of his neighbors in 1865 after he was briefly held in 1863 after capture. See below and the actual court proceedings may be seen here:
http://cdm.sos.mo.gov/cdm4/document.php?CISOROOT=/mack&CISOPTR=4692&REC=3
Samuel A. Harshbarger vs. David Wills, et al - 1865
Source Samuel A. Harshbarger vs. David Wills, et al. 1865. CW 19. Greene County Archives and Records Center, Springfield, Missouri.
Description: The civil case of Samuel A. Harshbarger vs. David Wills (Sr.) and six other people began with Harshbarger filing a petition in Dade County, Missouri Circuit Court on October 31, 1865. In this petition Harshbarger stated that the defendants assaulted, robbed, kidnapped and threatened to kill him on October 6, 1863 in Dade County, Missouri. He asked for damages of $10,000. An attachment bond of $20,000 was put in effect on October 31, 1865. On December 6, 1865 a writ of attachment was issued for all the goods, chattels, money, and other credits of all of the defendants up to the value of $10,000. On April 23, 1866 trial was held in the Greenfield Courthouse in Dade County, Missouri. Three of the defendants, James Taylor, Archibald Herrill and Robert Williams denied the accusations made in the petition, and William Scroggs, the administrator of the deceased David Wills Sr.s estate was given a dismissal. An order of publication was made for five of the defendants who were not residents of Missouri. On October 22, 1866 David Wills (Sr.), Franklin Wills, John Fine, Marshall Fine and John H. Taylor were dismissed from the case. On August 15, 1866 the defense took John T. Hardins deposition. On October 6, 1866, a witness for the prosecution, William Davault, gave his deposition and on November 21, 1866 Thomas Williams was questioned by the prosecution and cross-examined by the defense. He said that David Wills (Jr.) a Confederate soldier (in the 6th Missouri Cavalry) came to Thomass fathers house on October 6, 1863, and asked to see his wife, who had been sick and was staying there. He referred to a mare of Harshbargers taken when Harshbarger, a Federal soldier in the 6th Provisional Enrolled Missouri Militia, was taken prisoner at 8:00 or 9:00 a.m. of that day. William Davault was questioned by the defense and cross-examined by the prosecution. The questions mostly involved a beef Davault, Robert Williams, and Thomas Williams were butchering. Next a witness for the defense, Archibald Stogsdill, was questioned. He saw three men, David Wills, John Fine and John Duggan, whom he took to be Federal soldiers (they were actually Confederate soldiers), arrest Harshbarger on the day in question. Next, Elizabeth Stogsdill was questioned by the defense. She said that Robert Williams, a defendant in the case, came to the house where she was staying (Thomas Williamss house) early on the morning of the arrest to help butcher a beef and that Samuel A. and John Westley Harshbarger had gone to Springfield. She said Robert Williams never fed or harbored any bushwhackers or Rebel soldiers. John Brewer was questioned by the defense. He said that David Wills, John Fine and John Duggan took Samuel Harshbarger prisoner on or about October 5, 1863, and that Harshbarger told him he had joined the Confederate army. The defense asked for a change of venue and was awarded one to Greene County, Missouri on April 24, 1867. This entire document is the transcript created to provide the Greene County Circuit Clerk with the proceedings of the case. Two more depositions were taken after the case was placed with the Greene County, Missouri Circuit Court. On October 10, 1867 a deposition was taken from David S. Wills (Jr.). He stated that he, John Fine and John Duggan, while in the 6th Missouri Cavalry, were ordered by General Joseph Shelby to capture any men they encountered in Federal uniform. They saw Samuel Harshbarger while on their way to visit friends and arrested him on October 6, 1863 in Dade County, Missouri. They disarmed him and freed him the following day. Wills swears that no one else was involved in the arrest besides himself, Fine and Duggan. The deposition of Henry F. Howard was taken on Dec. 8, 1869 in Dade County, Missouri. He stated that Robert Williams told him that David Wills, John Dugan and John Fine said they did not hurt Samuel Harshbarger when they took him prisoner. There is no indication how the case was finally decided.
John R