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[100] These commands were afterward formed into a brigade of which Gen. John S. Marmaduke was given the command. After the affair at Booneville, Marmaduke had joined Gen. Albert Sidney Johnston in Kentucky, commanded a brigade and highly distinguished himself at the battle of Shiloh. At Hindman's request he was sent west of the river and given command of a cavalry division, composed of his own and Shelby's brigades. Marmaduke's brigade was commanded by its senior colonel, sometimes Colonel Burbridge and sometimes Colonel Greene being in command of it. Shelby's was the first cavalry brigade organized, however. The Missouri infantry regiments were made up largely of companies and squads recruited in Missouri which made their way inside the Confederate lines.

Not long after the formation of Shelby's brigade, and while it was still encamped near Newtonia, Col. Upton Hays was killed in a skirmish with the outpost of a large body of Federals. He was a gallant soldier and one of the most promising officers in the service. He had already made a fine reputation, and had he lived would have made a brilliant one. The death of Colonel Hays made Lieut.-Col. Beal G. Jeans, colonel; Maj. Charles Gilkey, lieutenant-colonel; and Capt. David Shanks, major of the regiment.

Shelby's restless energy and ambition, and the circumstances by which he was surrounded, did not admit of long dallying in camp. A considerable body of Pin Indians—the name given to those Indians who affiliated with the Federals—and vagabond negroes were pillaging and levying blackmail on the farmers in the vicinity of Carthage. Capt. Ben Elliott, of Gordon's regiment, was sent with his own company and detachments from several other companies, aggregating nearly 200 men, to kill, capture or disperse them. Captain Elliott was a skillful as well as a dashing officer. He surrounded the camp of renegades and surprised them at daylight

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