War of the Rebellion: Serial 115 Page 1526 PRISONERS OF WAR, ETC.

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they thought there was no impropriety in his accepting. When the commission came the times had changed. He never gave bonder or qualified under it. Says when the enemy came to Hampton he took his wife and children and went to his father-in-law's. This was late in May. On the 13th or 14th of June, he says, [he met] three or four men who said they were deserters and wanted to go to the Southern army. Some days after that he was walking around his fater-in-law's plantation. Some of the Federal soldiers took him prisoner and carried him to Fortress Monroe and he was released on parole. A few nights afterward a party came to the house of his fater-in-law, took all the men there except himself; took them to the fort and made them take the oath. He thinks they knew he had been at the fort and therefore they did not take him. He solemnly declares this was all the communication he had with the enemy. When Miss Hopkins' affidavit was show him he admitted he had been to Topping's after a negro belonging to this father-in-law. He first admitted he saw the Northern troops, but afterward said they were leaving when he got there and he saw them at a distance and did not converse with them. He got the negro and denies the throught of all the other statements made by Miss Hopkins. I return Miss Hopkins' deposition. Denies he had any pass except permission to pass the pickets when he was discharged from imprisonment at Fortress Monroe. Denies he had ever promised to make a map and denies he ever did make a map. I think this man's manner under examination was very bad. He was confused and obviously attempting to suppress the truth. He is one of the party who broke jail, and in relation to that matter he prevaricated very much. If evidence can be procured he ought to be brought to trial as a spy.

S. S. BAXTER.

Case of A. F. Wulff.

FORT DAVIS, TEX., October [21], 1861.

Colonel H. E. McCULLOCH, Commanding Department of Texas.

SIR: I have the honor to report to you the result of an order received from Lieutenant Colonel John R. Baylor, commanding Second Texas Mounted Rifles, on the 11th instant. The purport of said order was to arrest as a spy a man by the name of A. F. Wulff, living in Presidio del Norte, Mexico, and send said Wulff to the regimental headquarters in irons, but not to cross the Rio Grande to make the arrest, but if possible entice him (Wuff) to this side to accomplish the purpose. During my temporary absence to Fort Lancaster for the purpose of fetching up some recruits who had reported there for my company the order fell into the hands of Second Lieutenant E. Gibbons, then in command of this post, and when the lieutenant received the letter from the postoffice he (Lieutenant Gibbons) handed it before opening for reading it himself to R. C. Daly, clerk in Mr. Murphy's store at this post, with a request for him (Daly) to read the order, which he did publicly and so as to be heard by all present, which as a matter of course entirely ruined the success of the undertakinedly being apprised of the matter before the lieutenant acted in the case.

Lieutenant Gibbons left this post of Presidio with a detachment of nine men of the 12th instant, and on the night of the 15th instant five of his party crossed the Rio Grande into Mexico, and about 3 o'clock in the morning attempted to arrest said Wullf, when an alarm was raised and a fight ensued between the Mexicans and the five men of