War of the Rebellion: Serial 115 Page 0408 PRISONERS OF WAR, ETC.

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says while at Fort McHenry he gave Richmond, Va., as his address. He was born in Saint Mary's County, Md. * * *

Very respectfully, your obedient servant,

MARTIN BURKE,

Lieutenant-Colonel Third Artillery, Commanding Post.

OFFICE OF COMMISSARY-GENERAL OF PRISONERS,

Washington, March 6, 1863.

Lieutenant Colonel W. H. LUDLOW,

Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: Fearing that my letter of the 28th ultimo addressed to ---- may not reach you I inclose a copy herewith. Since its date I have consulted the Secretary of War in relation to Zarvona and he declines to authorize his exchange. * * *

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

[Extract from inclosure.]

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, February 28, 1863.

Lieutenant Colonel W. H. LUDLOW,

Agent for Exchange of Prisoners, New York City.

COLONEL: Your letter of the 25th instat is received. * * * I will consult the Secretary of War in relation to the exchange of Zarvona and if approved will have him accompany the other prisoners. * * *

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

JUDGE-ADVOCATE-GENERAL'S OFFICE, March 12, 1863.

WILLIAM PRICE, Esq., U. S. Attorney.

DEAR SIR: Your telegram in relation to the criminal proceedings pending against Thomas has been received. My purpose in addressing you on the subject was this: At the time of Thomas' arrest six persons supposed to have knowledge of the crimes he had committed were also arrested and placed in confinement at Fort McHenry as witnesses on behalf of the Government. One of these has escaped; another was released by order of Major-General Dix, while the remaining four are still continued in confinement. They have thus been deprived of their liberty for about twenty months and have had no allowance made them beyond the daily rations which they have consumed. Their families as is represented to me are without the means of support, and one of them at least has suffered for want of the necessaries of life, and one of the children it is alleged has actually died from the inability of her mother to procure medicines and proper medical attention. This strikes me as a case of extreme hardship and altogether without precedent. Under these circumstances as there seems to be no probability of the early trial of Thomas I would ask your opinion as to wehthe rthe purposes of public justice will not be fully subserved by an immediate discharge of these men on their personal recongizance to appear and testify in the case at the next term of the court in which the indictment is pending. If you are not already in possession of their names they can be obtained from General Schencks' office, and you could easily learn from the persons themselves the nature of the testimony they are able to give.