War of the Rebellion: Serial 115 Page 0522 PRISONERS OF WAR, ETC.

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New York, December 26, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: On the 24th instant Mr. John Garnett Guthrey, of Richmond, Va., was again taken into custody and yesterday was taken to Fort Hamilton and delivered to Lieutenant Colonel M. Burke. The inclosed affidavits of Samuel H. Hyman and Thomas P. Wood furnish the evidence on which I have acted under the discretionary authority given me in yours of 11th instant. The same affidavits implicate Mr. H. C. Hardy, of Numbers 47 Front street, New York, the brother referred to being in Norfolk, Va., in charge of their house there. Mr. Hardy was also taken in charge on 24th, but after examining him and finding him well inclined to deliver up all he has in his possession or in reach belonging to Guthrey I released him on oral parole. To-day I expect him to deliver over to me whatever bonds, &c., of the kind he retains control of. He informed me that he had loaned the bonds on call and deposited the cash. By taking the course I have with him this property which no doubt was passed out of his hands for the purpose of concealing it may be recovered. In any other course recovery would have been impossible.

Very truly, yours,



[Inclosure Numbers 1.]


Samuel H. Hyman being duly sworn doth depose and say as follows: I reside in the city of New York, Numbers 32 West Houston street; Richmond, Va., was my native place; I resided there until about one year since. I know John Garnett Guthrey, of Petersburg, Va., who was lately a prisoner in Fort Lafayette. I was introduced to Guthrey by a man by the name of Bateman who was in Fort Lafayette with him. Bateman has gone to England. I understood he was paroled not to go to States in rebellion. I understood from Bateman that he intended to get from England to the South. I represented to Guthrey that I wished to get to the South and wanted his assistance. I had repeated interviews with him night after night for some weeks, he always cautioning me to speak low and to secrecy.

I told him the only way to get there was to get a commission in the Federal Army and then escape across the lines; that I could get a commission with money; that I had but $500 myself; that it would cost from $800 to $1,000, and that I would like him to assist me to that extent. He expressed a desire and willingness to aid me but stated that all his bonds funds had been seized except $7,000 in bonds and $2,000 in money, which was in the hands of Hardy & Co., or Hardy & Bro., 47 Front street, who has purchased his bonds for him. The $7,000 in bonds not seized had come in the Hardy from the broker after Guthrey was arrested and his bonds seized, and thus escape seizure. He said the difficulty about aiding me was that all the money in Hardy's hands would be required to pay the parties for getting his other bonds free and he did not dare to have the $7,000 in bonds put on the market.

In the course of these conversations he told me his plans after he should get possession of his bonds, as follows: He intended to send them to England by putting them into the possession of some passenger going to England who would not be suspected, and to slip off himself