Confederate sympathies in the Kirksville area were high (though Union sentiment was stronger than in surrounding counties), due to the Southern heritage of most of the residents.

Before noon on August 6, McNeil attacked Porter in the town of Kirksville, where the Confederates had concealed themselves in homes and stores and among the crops in the nearby fields, especially in the county courthouse and the commercial buildings on the square.

Two civilian casualties were noted: James Dye, a sixty-year-old farmer with two sons in the Union army, was held overnight by Porter during his approach to the town, then told to be on his way, but shot as he left.

Most Kirksville residents had heeded Porter's warning to depart, but Cutts was shot when two Confederate soldiers attempted to enter the cellar where she was hiding, and she was hit by a Union bullet meant for them as she ran out.

Although the execution was permissible within military norms, it was seldom done and McNeil has been criticized for both the justice and necessity of the proceedings, by John L. Porter (see Kirksville Daily Express, 1912, below) and Joseph Mudd (see references to Palmyra massacre), among others.

A number of other questionable shootings followed, including those of Dr. John Davis (said by some to have been told to run and then shot when he did) and Lt. Col. Frisby McCullough — a subordinate of Porter who was tried and sentenced to death as a bushwhacker, even though he was captured wearing a regular Confederate uniform and carrying letters authorizing him to recruit troops.

McNeil's reputation would be darkened further by the "Palmyra Massacre" on October 18, but he would go on to serve two terms as Sheriff of St. Louis County, dying June 7, 1891.