War of the Rebellion: Serial 118 Page 0459 CORRESPONDENCE, ETC. -UNION.

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which you will please carry out and report the results as soon as they become known to you. Make the demand for Major Withers on general grounds that he is an officer and go into no details as to the particulars recited in the latter.

Very respectfully, your obedient servant,

E. A. HITCHCOCK,

Major-General of Vols., Commissioner for Exchange of Prisoners.

[Inclosure.]

HEADQUARTERS TENTH VIRGINIA,

Camp near Winchester, March 30, 1863.

Captain JOHN O. CRAVENS,

Assistant Adjutant-General, Winchester.

CAPTAIN: I have heard though not authentically that Major Withers, of my regiment, who has been confined in Libby Prison at Richmond, has been turned over to the civil authorities to be tried for an alleged murder.

The facts in regard to the matter are these: Before he joined the Army he led a party of sixteen citizens and home guards into the town of Glenville, Gilmer County, Va., against a party of guerrillas under one Captain Parrill, who were then engaged plundering the town, and killed the captain with his own hands, one of the party led by him also killing the captain's son.

They drove this band of plunderers from the town and captured from eight to twelve horses, most of which turned out to be horses that had been stolen by these guerrillas from loyal men.

I desire through you to call the attention of the Government to this case, as I am convinced from the fact that he has been detained in prison that some evil is meditated against him. He was captured near Strasburg about the 20th December, 1862, and has been confined in Libby Prison ever since.

Very respectfully, your obedient servant,

T. M. HARRIS,

Colonel Tenth [West] Virginia Volunteer Infantry.

[First indorsement.]

HDQRS. SECOND DIVISION, EIGHTH ARMY CORPS,

Winchester, March 31, 1863.

Respectfully forwarded for the action of the War Department.

Major Withers is an excellent young officer and should be released from the power of the enemy if possible.

R. H. MILROY,

Major-General, U. S. Volunteers, Commanding.

[Second indorsement.]

HEADQUARTERS EIGHTH ARMY CORPS,

Baltimore, Md., April 4, 1863.

Respectfully forwarded for the consideration of the General-in-Chief. If Major Withers be not treated as a prisoner of war I trust that some measure of retaliation may be ordered.

ROBERT C. SCHENCK,

Major-General, Commanding.