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First Lieut. Justus A. Boies, Thirteenth Infantry, being duly sworn deposed:

Am in charge of prisoners of war at the military prison. On learning that the prisoners had escaped I took a lantern and went through the whole of the prison with the provost-marshal; examined the corridors, &c. I then went round to the ovens and the wash-rooms in front finding nothing. I went back to where the excavation had been attempted once before but found nothing. I had frequently before examined the prison ovens, but had not got up on top until the hole was discovered by Lieutenant Griffin. In the top was found one of the police spades, some of the old clothes they had used in digging and much soiled. I used regularly to inspect for the police of my command. It was extremely dark that night, and having been a good deal of rain was cloudy.

First Lieutenant Griffin, Thirteenth U. S. Infantry, being duly sworn, deposeth:

The morning after the prisoners escaped when I heard how many had escaped I was astonished and asked the officers if they knew how they had gotten out. They said not. In searching the wash-room I saw that the prisoners were astonished. That made me think I had hit the place. I then jumped up on the wash bench in front of the ovens. As soon as I did that I saw a spade and some old clothes and some caps. I then jumped up and went in. To get in I had to crawl, when I discovered the hole where they went in. I was the first person who discovered the hole. They dug at least forty-five feet, to the best of my knowledge.

Maj. F. F. Flint, Sixteenth Infantry, being duly sworn, deposed: The guard on the morning the prisoners escaped was about thirty-six men. The number of prisoners was about 500 or 600. I considered the guard sufficient as I knew the convicts were guarded by a much smaller force. The guard I had mounted was the same as that I found when I assumed command, with about the same number of prisoners. We estimated the distance burrowed underground was about sixty feet. I do not think that any assistance was afforded them in escaping by working from the outside. The work was cut with large knives, some of which were found outside the hole. These knives were probably taken from the mess kitchen. They are not allowed to carry anything of the kind. There was a complete chain of sentinels round the inside through the main prison and one on the outside, where an attempt had been made to cut the bars. This was the sentinel who first discovered the hole. It was late in the day before the officers were able to find the entrance to the hole. The prisoners had several times before attempted to burrow out and I had every precaution taken to prevent it. The whole prison had been twice inspected before the day the prisoner escaped by two different officers. Private Moses Peirce, Company B, Thirteenth U. S. Infantry:

I was on No. 5 post on the outside of the military prison on the night the prisoners escaped. Between 10 and 12 p. m. I heard a noise at the upper end of my beat, and going down to see what it was I found a lot of cows. I could not drive them off and they stayed there. This was where the hole was afterwards found. While I was on post between 4 and 6 a. m., about daylight I discovered the hole about four feet outside my post. I then called for the corporal of the guard. No one could have passed out while I was on post the last time.

There being no further evidence to produce the court was then closed, and after a careful and minute inspection of the premises, the grounds and the manner in which the escape was made in company with the officers above named the court find the following to be the facts:

That for some weeks prior to the escape of the prisoners of war from the military prison at Alton, Ill., a complete organization existed among them to escape, carried out in the most secret manner and with wonderful determination and fortitude. Ascending to the top of one of the brick ovens, crawling through a place scarcely large enough to admit a man, they first cut through the brick archway of an oven, then through the masonry bed to the depth of at least eight feet, placing the debris in the vacant space round the oven or else carrying off the pieces and scattering and concealing them elsewhere. Thence at a distance of three feet under ground, with a spade and knives, they burrowed in ground full of limestone rock and pebbles a distance of fifty feet an

excavation of about eighteen inches diameter, packing the removed earth and stones to the depth of about two feet on top of and behind the other ovens, securely concealed from view by the shed that covered the others. They then cut through the solid limestone wall under ground and awaiting a dark and cloudy night made their escape one by one. From the examination of the localities it is easy to see how they should have escaped the notice of the sentinel near the end of whose post they emerged from the prison-yard. The place he was principally directed to guard was at the other end of his post and his attention was principally called to that. Taking advantage of this after the excavation was made all else was easy, and it is only to be wondered at that more did not escape under the circumstances. On examination

of the place of confinement of Colonel Magoffin it was found that he occupied a room upstairs, being sick. A sentinel was placed over him. in front, and the exit for necessary purposes was guarded by an iron door fastened by a padlock opening into the prisoners' corridor. It was evident to the court that he escaped from his cell by the picking of this padlock by prisoners from the outside. Under these circumstances the court came to the following opinion:

That the escape of the prisoners of war at the military prison at Alton, Ill., on the night of 24th of July last was due to dereliction of duty, but to whom the court is unable to say from the evidence before them. Blame necessarily attaches to the officer of the day who when the corporal of the guard was called did not go to the end of the post to examine further; but as that officer, Lieutenant Bates, has been but little more than a month in service his laxity has some palliation. It certainly appears that the cell of Colonel Magoffin was insecurely guarded inasmuch as the only exit from it was fastened by a padlock and opened into a corridor in which the prisoners had free access.

The court does not attach any culpability to Maj. F. F. Flint, Sixteenth Infantry, as from the continued press of business upon him he was unable to give his full attention to the prison and was necessarily obliged to rely upon subordinates of short service and inexperience.

ED. UNDERWOOD,

Major, U. S. Army, President.
V. K. HART,

Captain, Nineteenth Infantry, Recorder of Court. The court of inquiry having no more business before it, then at 2 p. m. adjourned without day.

ED. UNDERWOOD, Major, U. S. Army, President.

V. K. HART,

Captain, Nineteenth Infantry, Recorder of Court.

BALTIMORE, September 4, 1862.

Colonel TOWNSEND, Assistant Adjutant-General:

You will please inform the General-in-Chief that the paroled prisoners at Annapolis at this time are not badly treated. Under the administration of Colonel Staunton they no doubt were badly treated or rather neglected. I have assigned an officer to look after them who has arranged all things satisfactorily. I will explain to the general as soon as I possibly can.

JOHN E. WOOL,
Major-General.

FORT MONROE, September 4, 1862.

General JAMES S. WADSWORTH:

I sent you a dispatch containing Mr. Ould's answer in regard to civilian prisoners. I have heard nothing more from him. There should be one agent here to go to Aiken's and confer with him. I have between 600 and 700 prisoners of war sent down yesterday from Alexandria without lists and without instructions of any sort. I am making out the lists and shall send them off to-morrow if no agent JOHN A. DIX,

comes.

Major-General.

HEADQUARTERS, Washington, September 4, 1862.

Brig. Gen. A. W. WHIPPLE, Arlington:

General McClellan considers it improper to employ paroled prisoners on any military duty. The cartel stipulates that we shall not employ them for any duty usually performed by soldiers.

SPECIAL ORDERS,}

*

S. WILLIAMS, Assistant Adjutant-General.

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II. The flag of truce which arrived near this place this evening purporting to come from Colonel Campbell with authority to negotiate an exchange of prisoners will return to Ozark. From that point the officer in charge will communicate in writing any proposition he may have to make, sending at the same time proof of his authority and that Colonel Campbell is an officer in the Confederate service and thus authorized to negotiate an exchange of prisoners. By order of Brigadier-General Totten:

LUCIEN J. BARNES, Major and Assistant Adjutant-General.

HEADQUARTERS, September 5, 1862.

General R. E. LEE, Commanding, &c.

GENERAL: Referring to your letter of the 24th of July last and my reply of the 26th of that month respecting the alleged confinement in irons of Capt. George D. Walker, lately commanding the steamer Theodora, I have the honor to inform you that the commanding officers of Forts Columbus and Lafayette report that Captain Walker has not been a prisoner at either of these posts. I have no information in regard to him further than that contained in your communication. I am, general, very respectfully, your obedient servant,

Hon. E. M. STANTON:

GEO. B. MCCLELLAN,
Major-General, U. S. Army.

FORT MONROE, September 5, 1862.

I have completed the lists of the 641 prisoners of war sent here from Alexandria. I have discharged and shall send to New York by sea

to-day 101 who have taken the oath of allegiance; the remaining 540 to Aiken's Landing this morning. Your letter by Major Bolles is received. I beg you to be assured that I will cheerfully perform any service thrown upon me. You know the articles of agreement in regard to prisoners of war require that agents shall be appointed to arrange exchanges, to attend to the delivery of the prisoners, &c. Mr. Ould always comes to Aiken's Landing and is met by different individuals of whom he has no knowledge except through letters from me, and in his answer to my letter written at the instance of General Wadsworth in regard to citizen prisoners he somewhat curtly said he would confer with General Thomas when he met him.

JOHN A. DIX,
Major-General.

HEADQUARTERS FIRST DIVISION, &C.,
Near Cumberland Gap, September 5, 1862.

Brig. Gen. G. W. MORGAN,

Commanding U. S. Forces, Cumberland Gap.

GENERAL: Your communications* of the 4th instant with regard to exchange of prisoners of war and citizens, also one asking for information respecting Capt. David Fry, Second Regiment Tennessee Volunteers, I had the honor to receive on yesterday.

I accept the proposition of exchange agreeably to your Schedules D and E, those paroled to be exchanged to-day. I will exchange Mr. Elijah Jones for Mr. Parkey, A. I. Bunch for Robert Hurst and John Blankership for William Crocksdale, but cannot consent to the condition that Mr. Bunch shall not again be arrested. He will be permitted to take his family into your lines. If he remains on this side he will be paroled to hold no communication directly or indirectly with the Federal forces, and so long as it is observed in good faith he will not be arrested.

Sergeant Major Smith and Private David Maps will be delivered to you as soon as it will be proper to remove them. Their attending surgeon thinks the former can be returned in a few days.

I am unable at present to give you the information desired with regard to Captain Fry, but be assured, general, that I will endeavor to obtain it for you. I will forward Colonel Carter's communication of the 16th of April and yours of the 21st of June addressed to "General Smith, commanding Cumberland Gap, &c.," to the commander of the department in which the party is supposed to be with a request that the information be furnished.

I am, sir, very respectfully, your obedient servant,

C. L. STEVENSON, Brigadier-General, Commanding.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Chicago, September 5, 1862.

Capt. H. W. FREEDLEY, Third Infantry, Chicago, Ill.

CAPTAIN: You will visit Camp Douglas and Camp Butler and see that all accounts connected with the care of prisoners of war are satisfactorily closed before their departure for Vicksburg. When accounts

*Not found.

are presented for payment about the propriety of which there is a doubt you will refer them to me. You will also visit the military prison at Alton, Ill., to see that the regulations heretofore issued are closely adhered to by the new commander. These visits will be made in the order best calculated to insure the public interests and the service will be performed with as little delay as practicable, after which you will report to me in person at Detroit.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

Colonel HOFFMAN.

CHICAGO, ILL., September 5, 1862.

COLONEL: I have the honor to report that when the prisoners of war from Sandusky passed through Indianapolis en route to Cairo on or about the 2d instant they were permitted to visit the hotels of the city without guard and permitted to make many improper purchases. They delayed at that point about four hours in changing cars. It was reported to me that many had been permitted to purchase liquor to an immoderate amount; also pistols.

Very respectfully, your obedient servant,

H. W. FREEDLEY,
Captain, U. S. Ármy.

HEADQUARTERS ARMY OF THE SOUTHWEST,
Helena, Ark., September 5, 1862.

Maj. Gen. S. R. CURTIS, Commanding Army of the Southwest. GENERAL: I have the honor to report that in pursuance of Special Orders, No. 274, received from you I on the 29th day of August proceeded on board the steamer Rocket at this place and took charge of the thirty-three prisoners of war to be conducted under a flag of truce to the enemy at Little Rock, having on board for escort the detail under Captain Čaven, Eleventh Indiana, and Lieutenant Curry, Bowen's Battal ion of Cavalry; that the prisoners consisted of three captains, six noncommissioned officers and twenty-four privates. By authority of Briga dier General Steele two of the prisoners (privates) who were for sufficient reasons adduced by themselves deemed not prisoners of war were returned to the custody of the provost-marshal with instructions to investigate the facts, and if found as stated to release them from further confinement. The names of these men were Patsey Carroll and Henry Rohmier, who claimed they were deserters. With the remaining prisoners amounting in equivalents to fifty-two privates we left Helena at 2 p. m. on the 29th of August and proceeded that afternoon and evening to the foot of Island No. 68, where we anchored for the night. On the morning of the 30th of August we entered White River and advanced without interruption the whole day and evening, anchoring at dark in the middle of the river some fifteen miles below Saint Charles. We here took the precaution to hang upon the flag-mast three white lights, one above the other, to indicate that our boat was under a flag of truce.

We first touched shore at the Saint Charles Landing at 7.30 o'clock of the morning of the 31st of August, having passed through the

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