War of the Rebellion: Serial 115 Page 0714 PRISONERS OF WAR, ETC.

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Kentucky called the State Guard and was empowered to enlistrecruits for three companies, all for the purpose of waginignw or against the United States; that he was arrested for this offenseand is imprisoned as a person dangerous to be allowed to go at large during the existing condition of affairs in that Stateand in others. He is detained at a place where the writ of habeas corpus is suspended and it id conceived cannot at present be released compatibly with the public safety.

I avail myself o this occasion to offer to you a renewed assurance of my very light consideration.


CHICAGO, October 29, 1861.

Honorable W. H. SEWARD, Secretary of State.

SIR: I hand you herewith the evidence in the case of John C. Brain. He was examined before a magistratein La Porte County, Ind., and committed in default of bail, $6,000. A statement of the evidence together with the affidavits of Mr. s Mary Fraley are inclosed. Mrs. Fraley was boarding at the samehotelwith Brain and through and intimacy with hiswife was brought into contactwith Brain. She seems to be a credible person. As to his nativity he is reported to me to have been a native of Springfield, Ohio. Of this I haveno evidence. One of his letters* which I inclose states that he came to this country when some ten years of age. Naturalization of his father ins ome States would have made him a citizen. A letter to the English consual at Chicago states that his father is residing at Montgomery, Ala. I hand you a letter* from his father dated 23rd of July last showing him to have been in Cincinnati at thctfully submitted.


[Inclosure Numbers 1.]

In the matter of the proesecution of one John C. Brain, who was first arrested by Colonel Milroy, Ninth Regiment Indiana Volunteers.

This man Brainw as arrested at Michigan City after having been suspected and watched for some time. He was brought to Camp Colfax, and by order of Milroy the papers, &c., were placed in my hands, with the request to hold him by some prosecution under our statutes until his case could be fully developed. He was finally arrested on the charge of aiding and corresponding with the rebels. The examination elicited the fats, of which the following isa somewhat full statement leaving out, however, all useless verbiage:

One E. R. Young who had been on his track for some time testified substantially as follows: The first suspicion of the gentleman arose from the circumstances noticed by the superintendent of New Albany and Salem Railroad, he taking up his pass over the railroad. He pretended to be preparing memoranda for a railroad map or some such thing while inf act he did nothing as far as could be seen which showed that such was the fact. He was about Michigan City from and after the latter part of June and at times would absent himself for a week or ten days no one knowing his whereabouts. In order to learn the facts Young became friendly with him, and he explainedto Young in full the society of the K. G. C. ; that he was one; that the oath required him and any othermember to furnish all information possible; that he could


*Not found.