Tom; I agree with you that there is not any evidence Walley was part of the 5th MSM. Another myth bites the dust even though its been repeated over and over.

The Outlaw Youngers: A Confederate Brotherhood By Marley Brant, 1992 Madison Books pg 31, has the most complete biography of Walley I've seen. Brant has Walley as a Capt. of Co G Newgent's Cass Co Home Guards. He resigned that position Oct 1861 and rejoined on the muster list at least as Pvt Co B being mustered out Feb 1862. A cryptic note at the bottom of his records indicate that "Companies E,F,G, and H Cass County (Missouri) Home Guards were attached to 9th Reg't Kansas Infantry as Companies E,F,H, and I. This transfer was made without proper authority."

This supports the theory that Walley was as much a Kansas jayhawker as anything else. Cole Younger in his biography clearly does not put Walley in the 5th MSM. There is no reference to service in the MSM in his pension application according to Brant.

There is evidence that a number of the Cass Co Home Guard joined the 2nd Battalion State Militia Cavalry, not to be confused with 2nd Regt, Merrill's Horse. See http://www.history-sites.com/cgi-bin/bbs62x/mocwmb/webbbs_config.pl?md=read;id=11357

Walley does not appear on any of the extant 2nd Battalion lists. My inclination is Walley was leading a group of Kansas Jayhawkers he lead as Capt. of Co G when Henry Younger was murdered.