Surg. JAMES H. THOMPSON was duly sworn, and testified as follows:
I am surgeon in charge of prisoners-of-war camp at this post. At about 8 o'clock in the evening of the day of the arrival of Confederate officers, prisoners of war, I was notified by the medical director that a Confederate officer had been shot, and he requested me to make an investigation. I called at the office of Captain Sides, who had charge of prisoners' camp, and made inquiries, and there learned that a captain had been shot some two hours previously and died almost instantly. While in the office, the officer of the day, in company with Doctor Russell and myself, went to the cook-house in the officers' camp and found the body. I found a penetrating wound of the chest, caused, I should judge, by a pistol sing or ball. The wound penetrated the sternum at the right side, between the third and fourth ribs, passing obliquely toward the right and lodging just underneath the skin of the back, between the fourth and fifth ribs, near and on the left of the vertebrae column. The right auricle of the heart and the descending aorta lay in the course of the wound. No further post mortem was made. From the direction of the wound I should judge that the person firing the piece must have been taller than the person shot, or that the piece was depressed. I have no doubt whatever that this wound was the cause of his death.
I was not at that time, nor am I at present, in charge of the officers' camp, but made the examination at the request of the medical director.
The Board then adjourned at 12 o'clock m., to meet again at 2 o'clock this p. m.
The Board met pursuant to adjournment.
Present: All the members. Sergeant Young was also present.
H. B. DUNLAP, first lieutenant, Tenth Kentucky Cavalry, a prisoner of war, was then duly sworn, and testified as follows:
On the 20th of March, the day of our arrival here, as I was walking with Captain Peyton, arm in arm, I saw a sergeant (whom I recognize as the one now present), and I remarked to Captain Peyton, as we had been confined a long time, I should like to get some whisky. We both then approached the sergeant who was in our camp, and asked the sergeant if there would be any chance to get some whisky, and I think I touched him on the shoulder. The sergeant said no; he reckoned not. I saw he did not wish to get it for us, and he gave us so to understand. Captain Peyton had been drinking in the morning on the boat before we arrived here.
Captain Peyton remarked to the sergeant something about a fanatical philanthropist and guessed he would get to heaven, or something to that effect.
Captain Peyton then said to they would make the best soldiers, your or the negroes?" The sergeant laughed and replied, "The niggers make better guards than we do. " Peyton then in a sarcastic way said, "Yes, I suppose the negroes are superior. "
The sergeant replied that he might talk to some men that way, but he could not to him.
Peyton said, "Yes," he could "talk to any one that way. " The sergeant said no, he must not. Peyton then used some oath, but I could not tell what it was. The sergeant then made a demonstration to draw his pistol. Peyton saw him do so and said to him, "God damn you, shoot," or words to that effect.
The sergeant said he would if he didn't "dry up. "
Then Peyton told him to shoot and the sergeant drew his pistol and presented it. I then stepped between them and took hold of Peyton and begged the sergeant not to shoot and he put his pistol, and I thought he was going off. I then caught hold of Peyton's arm, and tried to get him to go to our tent, but Peyton said, "Numbers I won't; if he wants to shoot, let him shoot. "
I then concluded, Peyton being a brave man, to let them alone and I stepped aside. I thought the sergeant would shoot and I didn't care about being shot myself.
I then caught hold of Peyton's arm again and tried to get him away, but Peyton said, "No, God damn him, if he wants to shoot, let him shoot. "
The sergeant then drew his pistol and as he drew it Peyton bared his breast, and the sergeant shot him. I saw that he was dead, or had the appearances of dying immediately and I called for Lieutenant Hayes, who is a doctor at home, and he came up and said he was dead. The sergeant stood about six or eight feet from Captain Peyton when he shot him.
After the sergeant fired he walked off immediately.