War of the Rebellion: Serial 119 Page 1060 PRISONERS OF WAR AND STATE, ETC.

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accompanying this report and by personal inquiry I find that the sentinels during the time referred to were instructed as follows:

First. Not to allow prisoners to approach the prison walls nearer than ten feet. If any attempted to do so to halt them, warn them of the infringement of the rule, and if they persisted in approaching the wall to fire upon them.

Second. Not to allow prisoners to collect together in large numbers; when they did so to order them to disperse, and if they disobeyed to fire upon them.

Third. No light allowed in their quarters after taps. If any were observed the sentinel should warn the mess in the building where it occurred to put it out, and if not obeyed to fire into the building.

Under these instructions the first case of shooting that occurred was that of Samuel Lemley, private, Company A, Nineteenth Virginia Cavalry, on the night of the 17th of September, 1863. It appears that the sink was distant from the wall some six or eight feet, and that the prisoner, for some reason unexplained and against the warning of the sentinel, continued to attempt to go behind the sink, between it and the prison wall, was fired upon and killed. The affidavit of Lieutenant Reber, Eighty-eighth Ohio Volunteers, officer of the guard at the time of this occurrence, gives the facts in detail.

On the night of November 5, 1863, Private William L. Pope, Company A, Ninth Tennessee Cavalry, was fired upon by a sentinel on the parapet and killed. The prisoner came within a few feet of the wall, was challenged by the sentinel and ordered away, but continued to advance and was fired upon and killed. The sentinel's name was Private M. Wilson, Fifteenth Regiment Invalid Corps, now at Camp Douglas, near Chicago, Ill. His affidavit, together with that of Lieutenant I. S. Taylor, of Company B, Fifteenth Regiment Invalid Corps, giving the particulars of the affair, accompanies this report.

Hamilton McCarroll, private, Company B, Welcker's Tennessee cavalry, was killed by a shot fired by a sentinel on the parapet named John W. White, Fifteenth Regiment Invalid Corps, and now stationed at Camp Douglas, Chicago, Ill., on the night of the 16th of November, 1863. Said sentinel in the after part of the night observed a light in one of the buildings occupied by the prisoners, and in obedience to his instructions he ordered it to be extinguished, which order not being complied with, he fired into the building, the ball passing through the door and striking McCarroll, killing him instantly. The affidavits of the sentinel and those of Captain H. W. Francis, Lieutenant S. L. Hammon, and Sergt. Christopher Fox give the particulars in greater detail. Henry Hupman, private, Company C, Twentieth Virginia Cavalry, on the night of 19th of December, 1863, was wounded in the arm by a shot fired by a sentinel on the parapet named Frank Allen, private, Twelfth Regiment Ohio Volunteer Cavalry.

This case is similar to the last one, the sentinel firing into the building because he saw a light, which was not put out at his warning, the ball striking the prisoner, inflicting a severe wound in the arm, and of which he afterward died. The statement of Surg. G. W. Fitzpatrick shows that the wounded men received all they could be given them; indeed, all the wounds appear to have been mortal. The sentinel, Allen, is a deserter and his testimony cannot be procured. The affidavit of the sergeant of the guard on the night of the occurrence, A. J. Russell, Twelfth Ohio Volunteer Cavalry, is forwarded herewith.

In addition to the affidavits before named I have taken the statements of several of the prisoners of war in regard to the cases of Pope,