War of the Rebellion: Serial 119 Page 1111 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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had passed through his head. Some of the prisoners told me that they had warned him that if he persisted in keeping his head out of the window he would be fired upon, but he paid no regard to it.

Statement of Private B. Rule, Company A, Nineteenth Virginia Battalion:

Was on post Numbers 2 A prisoner put his head and shoulders out of the window. I told him to go away several times, but he paid no regard to it. I then drew on him and the cap snapped. He then made fun of me and laughed at me. I could not understand the words he said, but again refusing to take his head back, I recapped my gun and fired on him.

Statement of Private A. H. James, Company A, Nineteenth Virginia Battalion:

Was on post next to Private Rule; saw the prisoner have his head out of the window; heard Rule tell him several times to take his head in; also saw Rule snap a cap at him. I then turned to walk my beat, when I heard Rule's gun go off; turned around and saw he had fired on the prisoner.

Your obedient servant,

JOHN LATOUCHE,

Lieutenant and Adjutant.

[First indorsement.]

OFFICE OF C. S. MILITARY PRISONS,

Richmond, Va., March 29, 1864.

Respectfully referred to headquarters.

TH. P. TURNER,

Major,&c.

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO,

Richmond, March 29, 1864.

Respectfully referred to the Secretary of War.

JNO H. WINDER,

Brigadier-General.

[Third indorsement.]

MARCH 29, 1864.

ASSISTANT SECRETARY:

It appears that this Federal prisoner was shot by the guard after warnings to take his head in both from this sentinel and his fellow-prisoners, and, indeed, after the sentinel had snapped a cap at him. As I understand the orders, the sentinel was strictly in the line of his duty and the catastrophe due solely to the folly and disobedience of the unfortunate deceased.

B. R. W[ELLFORD, JR.]

C. S. STEAMER ROANOKE,

Mouth of the James River, March 29, 1864.

Major General B. F. BUTLER, U. S. Agent for Exchange:

SIR: I am here for the purpose of having a conference with you in relation to matters connected with the delivery and exchange of prisoners.

Respectfully, your obedient servant,

RO. OULD,

C. S. Agent for Exchange.