War of the Rebellion: Serial 119 Page 1064 PRISONERS OF WAR AND STATE, ETC.

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[Inclosure Numbers 13.]

Statement of G. W. Cavendish, Company C, Twenty-second Virginia Infantry (prisoner of war), in the case of the shooting of Henry Hupman, prisoner of war.

I was acquainted with Hupman, the prisoner who was shot. He was in the same mess that I was. I think it was in December, 1863, when he was shot.

I believe it was about nine or ten o'clock in the evening when he was shot. We had a candle burning that evening. We heard the guard halloo "lights out" and immediately put the candle out. We had fire in the stove, and it being very much fractured it gave considerable light.

I think it was about an hour and a half after the guard hallooed "lights out" that Hupman was shot. I did not hear the guard call "lights out" after we put the candle out. We had no candle burning at the time Hupman was shot. Hupman, myself, and one man was in the bunk together when he was shot. The ball passed through the mess door, hitting Hupman's elbow, and lodged in his right shoulder. I think he lived about twenty-four hours after he was shot. We all knew that it was contrary to the prison rules to have lights or any disturbance after 9 o'clock. This is all I know about the case.

G. W. CAVENDISH,

Company C, Twenty-second Virginia Infty., Prison 1, Mess. 10.

[Inclosure Numbers 14.]

Statement of G. S. Barnes, Company A, Fourth Tennessee Cavalry (prisoner of war), in the case of the shooting of Hamilton McCarroll, prisoner of war.

I was present when H. McCarroll was shot. He (McCarroll) came into prison 3 on the 13th or 14th of November, 1863, stopped in some other mess one or two nights before he came into ours.

Came into our mess, which is 49, on the 15th. That night I got up to go to the sink; I think it was between 1 and 3 o'clock. I found McCarroll up. He said he had had fire all night. When I came back from the sink he asked me if it was not almost day. I told him he was an older man than I and ought to know better than I. He said he thought it was almost day. I told him if that was the case he had better build more fire, which he did, and sat down on the south side of the stove door to light the room in order to find the kettle to make some coffee. The stove door was open about a minute while filling the kettle with water; and while filling the kettle (which was, I suppose, the reason I did not hear the guard call "lights out") I heard the shot. The ball passed through the building, hit McCarroll in the left breast, passed through him, and lodged in his elbow.

The mess door was not open at the time he was shot. McCarroll said the evening before that if he was cold he would have a fire nights. We cautioned him particularly that it was against orders. McCarroll and myself were the only ones up at the time. He did not live but a few minutes after he was shot.

G. S. BARNES,

Company A, Fourth Tennessee Cavalry.