upon the spot, and there was no other disorder; and even this Major Leeson did not witness, as he had already gone forward. I beg leave to say that I have delayed this report, hoping to procure papers which I deemed necessary to make it complete, which I did not obtain until last night. Regarding myself of misrepresented by the report of Major Leeson as to warrant an investigation of its truth, I respectfully request that charges and specifications be preferred against him for conduct unbecoming an officer and gentleman in making a false report, and that a court-martial be convened to try him thereon. A list of witnessers is hereto appended.

All of which is respectfully submitted.

Your obedient servant,

WM. GIVEN,

Colonel 102nd Ohio Vol. Infty., Commanding First. Brigadier, First Div.,

Dept. of the Cumberland, and officer designated to receive surrender.

Witnesses: John W. Horner, colonel Eighteenth Michigan Volunteers Infantry, Huntsville, Ala.; William Given, colonel One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; A. V. Patterson, surgeon One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; W. H. McMonigal, captain, One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; John Roberts, first lieutenant, One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; John J. Stevens, captain, Eighteenth Michigan Volunteer Infantry, Huntsville, Ala.; P. V. Wilkins, second lieutenant, One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; De Loss C. Le Baron, first lieutenant, Eighteenth Michigan Volunteer Infantry, Huntsville, Ala.; George N. Howe, private, Company G, Eighteenth Michigan Volunteer Infantry, Huntsville, Ala.; George K. Smith, private, Company C, One hundred and second Ohio Volunteer Infantry, Huntsville, Ala.; Benjamin Jolly, citizen, Huntsville, Ala.; James Kellogg, citizen, Huntsville, Ala.; Calvin Newman, citizen, Huntsville, Ala.; Doctor Debo, citizen, Madison County, Ala.; M. E. Johnston, citizen, Madison County, Ala.

[Inclosure.]

HDQRS. TWENTY-FIFTH BATTALION ALABAMA CAVALRY,
May 8, 1865.

Brigadier General R. S. GRANGER,

Commanding District of North Alabama:

SIR: Yesterday Colonel Horner sent a demand for the surrender of the forces under my command, but stating no terms. Will you please state the terms upon which my surrender will be received, and if acceptable I will surrender my command at any time and place after Wednesday that you may designate. As my men are all south of the railroad I can get a greater number of them together if your forces are stopped north of the railroad than if they extend their raid south of it.

Very respectfully, yours,

M. E. JOHNSTON,

Major Twenty-fifth Battalion Alabama Cavalry.

As to the above copy I beg leave to say that it is made out from my best memory of the original, which I read on the day it was delivered to General Granger, and which I am informed by Lieutenant Le Baron, acting aide-de-camp on the general's staff, has been mislaid and cannot be found. The copy I know to be substantially correct.

WM. GIVEN,

Colonel 102nd Ohio Volunteer Infantry.