War of the Rebellion: Serial 119 Page 1062 PRISONERS OF WAR AND STATE, ETC.

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contused spot on side of body. Saw patient half an hour after injury, pulse feeble, skin cold and clammy, nausea, but no vomiting, hemorrhage slight, ordered stimulants, reduced fracture, applied simple dressing to wound, continued stimulants. Died at 1 o'clock a. m. 17th of September, four hours after injury. No post mortem.

I certify that I visited the said Lemley in company with Doctor Maxfield and assisted in dressing his wounds, and I further state that the above report of Doctor Maxfield is, to the best of my knowledge, a correct and true report of the case.

All of which is respectfully submitted.

G. W. FITZPATRICK,

Acting Assistant Surgeon, U. S. Army.

Sworn and subscribed to before me, at Camp Chase, Ohio, this 8th day of March, 1864.

W. A. McGREW,

First Lieutenant and Adjt. Eighty-eighth Ohio Vol. Infty. and Post. Adjt.

[Inclosure Numbers 9.

Personally appeared before me, this 29th day of February, 1864, Sergt. A. J. Russell, Company H, Twelfth Ohio Volunteer Cavalry, who, being duly sworn, testifies as follows:

I was sergeant of the guard on or about the 19th day of December last at Camp Chase, Ohio. The instructions which I received from the sergeant whom I relieved in regard to the lights inside he prisons were that at a certain hour-I think it was 9 o'clock p. m. -the lights were to be put out; that the sentries at and near the prisons should see this order executed, and that if the prisoners did not respond to the order after being twice given by the sentries they should be fired into. These instructions I gave to the sentries. Besides myself there was another sergeant of the guard (of the Invalid Corps). I do not recollect his name. We were to relieve each other during the night. He was to be on duty from 9 o'clock p. m. until 1 o'clock a. m. ; myself from 1 o'clock a. m. until daylight. On relieving the sergeant of the Invalid Corps I was told by him that one of the sentries of the parapet guard (Frank Allen, of the Twelfth Ohio Volunteer Cavalry, I think was his name) if he had heard a shot being fired into the prison, whereupon he replied that he himself had done it. I asked for the particulars, and was told by him that he had at a certain hour (I think it was 9 o'clock p. m.) ordered the prisoners in Prison Numbers 1 to put out the lights. He saw his order not obeyed, yet one of the prisoners told him that the lights were put out; that he, the sentry, repeated his order, and no attention being paid to it, fired into the prison, aiming at the place where he saw the light. After having fired he heard a cry, and one of the prisoners asked permission to burn the light a few minutes longer in order to dress the wound which he had inflicted, which he (the sentry) refused, it being against his orders.

I also inquired of the sentry next to the beat of said Allen if he had heard the repeated order to extinguish the lights, to which he replied in the affirmative. He stated further that one of the prisoners said something before the shot was fired, but did not understand what it was.

A. J. RUSSELL.

Sworn to and subscribed before me this 29th day of February, 1864, at Camp Dennison, Ohio.

W. VON DOEHN,

Captain and Assistant Adjutant-General.