War of the Rebellion: Serial 115 Page 0720 PRISONERS OF WAR, ETC.

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C. Brain, a British subject, at Camp Colfax, Ind., and a sum of money alleged to have been taken from him by order of a Captain Blake, of the Ninth Indiana Volunteers. In reply I would state that I as captain in said regiment at that time ordered the arrest of John C. Brain then sojourning at Michigan City, Ind., at the junction of the Louisville, New Albany and Salem Railroad with the Michigan Central Railroad. He (Brain) was charged by the citizens of the city with being a rebel spy and an agent of contraband goods going forward to Louisville. I arrested him myself and delivered him over to now Captain Bush, Michigan City Artillery, now encamped here, with orders to deliver him over to the civil authorities of La Porte, Ind.

Captain Bush and myself examined his trunks at the Jewell House, Michigan City, where he was stopping with his wife. I only took possession of his papers as they exhibited the fact that he was recently from the South. These Captain Bush carried to La Porte and delivered them with the prisoner to Captain Copp, of the Ninth Indiana Volunteers, now in this camp. Brain and the papers were then delivered over by my order to the civil authorities. Since then I have lost sight of the prisoner.

From the moment of his arrest up to his delivery by myself to Captain Bush there had been no search of his person nor did I then know nor have I since heard that Brain had money in his possession of that anyhad been taken from him, nor did I order any search for money or any other valuables in his possession but left his private property intact in possession of his wife then stopping at the Jewell House, Michigan City, Ind. On the contrary I learned that he had no money, was indebted to his hotel keeper and owed other small bills in the city. Nor did he avow himself and English subject but claimed to be a citizen of the Stateich I believed him to be. I inclose the statement of Captain William Copp, of Company B, Ninth Indiana Volunteers, containing statements of facts respecting his knowledge of the transaction.

Captain Bush's battery being attached to another division I have not beena ble to see [him] but willt ake the earliest opportunty to send forard his statement. I would refer you to Morgan C. Weir, attorney at law, La Porte, Ind., the person who took charge of the papers and prosecuted the case.

Trusting this may be satisfactory, I remain, with great respect, your obedient servant,


Lieutenant-Colonel Ninth Indiana Volunteers.

[Inclosure Numbers 2.]

CAMP ANDREW JACKSON, Nashville, Tenn., March 15, 1862.

Being personally acquainted with most of the circumstances of the arrest and confinement of a man going by the name of John C. Brain I hereby certify the following facts:

First. He told me he was a native of Tennessee; that he had a brohter in the secession army; that he had been given a commission as an officer in the Southern army but preferred to seek his fortune in the North, getting up a railroad guide or acting as agent for one.

Second. He had no money when arrested, or professed to have none. He had bought a coat for which he agreed to pay Mr. Lower, of Michigan City, the sum of $16. When arrested and brought to La Porte Mr. Lower came to get one or the other, the coat or the money. He told me he had no money and would pay for the coat when he got ready.