War of the Rebellion: Serial 119 Page 1100 PRISONERS OF WAR AND STATE, ETC.

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Captain Peyton appeared very cool and he was not of an excitable nature. I don't think he was under the influence of liquor sufficient to affect his judgment. Peyton stated to me that he had been commissioned by Colonel Duke as captain, but had no command; but it is not generally believed that he was a commissioned officer. I should judge that he was from twenty-eight to thirty years old.

Peyton was a very determined, self-willed man. The sergeant appeared to be in good humor and manifested no desires to continue the conversation, but rather to bring it to a close.

S. N. COWAN, second lieutenant, Sixth Kentucky Cavalry a prisoner of war, was duly sworn and testified as follows:

I recognize the sergeant now present as the one who shot Captain Peyton on Sunday evening last.

I heard Captain Peyton ask the sergeant if he was from the Bay State. The sergeant said, "No, he was from New Hampshire. " Captain Peyton replied that he was a fit subject to associate with that guard, pointing toward the colored guard that were on duty about the camp.

The sergeant replied, "You may talk to some men that way, but you can't to me. " Several words passed between them (I couldn't hear what it was), and the sergeant drew his pistol, when Lieutenant Dunlap, who was present, requested him not to shoot.

Captain Peyton said, "He wont' shoot; he daren's shoot," when the sergeant put up his pistol.

Some more words passed between them which I cannot remember, when the sergeant drew his pistol again and shot him.

Captain Peyton appeared to be very cool; he was not an excitable man. I understood that he had been drinking that day, but could not tell whether he was under the influence of liquor at that time or not.

Captain AUGUSTUS D. SANBORN, Fifth New Hampshire Volunteers, was duly sworn, and testified as follows:

I was field officer of the day on Sunday the 2nd instant. I was at the head of the street, in the officers' camp, on the evening of that day, about fifteen minutes after their arrival, when I heard a shot. I looked around to see if it was any of the guard. At that instant Sergeant Young came up to me and said, "Captain, I have shot a man while in the line of my duty. " I replied, that is all very well, and then went off down the street where the officer lay that was shot; he didn't breathe more than half a dozen times after I saw him.

There was an officer there who seemed to be his friend, and he said, "Captain o hear how this occurred?" I told him "I would like to hear what he had to say in regard to it. "

He said as near as he could find out it was on account of the negroes being on guard, whom this officer, who was shot, said were far superior to the sergeant.

He said the sergeant replied that he could not hear such talk while he was on duty at the camp. He said he spoke to the sergeant, and told him he better put up his revolver, and the sergeant did. Then the officer which he shot started toward the sergeant with his fists doubled up and shaking them in his face. He said the officer stepped back and bared his breast and dared the sergeant to shoot him. He told me that the officer who was shot was a captain.

I reported the case to headquarters in my official report the next morning, and Sergeant Young told me that he reported to the general immediately after the occurrence.

The Board then adjourned to meet again at 9 o'clock a. m., to-morrow, the 23rd instant.


Point Lookout, Md., March 23, 1864.

The Board met pursuant to adjournment.

Present: All the members. Sergeant Young, Company A, Second New Hampshire Volunteers, was also present.

The proceedings of yesterday were read aloud by the recorder and approved.

Captain J. N. PATTERSON, provost-marshal, was then called before the Board, and being duly sworn, testified as follows:

The name of the prisoner of war who was shot at this post on Sunday, the 20th instant, is borne on my rolls as L. R. Peyton, private of Duke's regiment. He