of Major Stephens, and am of the opinion that his trial by general court-martial would result in his acquittal. In view of the additional evidence in the possession of Colonel Thoburn, I respectfully recommend that Major Stephens be released from arrest and ordered to duty. The colonel is very anxious to have his assistance in recruiting his regiment, and belivest that his services would at this time be of great value to the Government. *

I am, captain, very respectfully, your obedient servant,

ROBT. ADAMS, JR.,

Acting Judge-Advocate.

[Inclosure.]

HEADQUARTERS FIRST WEST VIRGINIA INFANTRY,
Wheeling, W. Va., March 8, 1864.

[Captain ROBERT ADAMS, JR.,]

Acting Judge-Advocate:]

CAPTAIN: I respectfully ask that Major E. W. Stephans, of my regiment, now under arrest for alleged neglect of duty at the time of the capture and surprise of his command at Moorefield, September 11, 1863, be honorably released from arrest and returned to duty, for the following reasons:

I am possession of facts that prove that Major E. W. Stephens took every precaution to secure himself against surprise by establishing pickets and patrols around his camp and properly instructing the same. A sergeant and 10 men had been sent into the field through which the enemy entered, with instructions to have no fires lighted and to keep the field patrolled from one side to the other during the entire night. These instructions were given by the major in the presence of witnesses, who can now be produced, and had they been observed, no enemy could have entered. the sergeant failed to obey instructions, allowing fires to be kidled and neglecting to patrol as directed. A rebel deserter who participated in the capture narrated to me the manner in which it was accomplished. Many of the attacking party were formerly resident of the neighborhood, and were familiar with every rod of the country; the darkness of the night favored the enterprise; they commenced their operations between 10 and 11 o'clock; after two hours' search in crawling around the picket-line a gap was discovered in the field mentioned above, through which they entered one at a time, crawling upon their hands and knees. In this manner they approached the camp, consuming nearly four hours in making a distance of half a mile. Owing to the darkness of the night the camp guard could not see the foe until within a few paces, and then too late to be of avail. Under these circumstances the best officer in the world could done no better than the major did. I therefore believe that the best interests of the service demand that Major E. W. Stephens be released from rarest and returned to his command. many of the facts mantioned above were not known when the subject was investigated by a court of inquiry, of which Lieutenant-Colonel Linton was president.

I am, very respectfully, your obedient servant,

J. THOBURN,

Colonel First West Virginia Infantry Veterans.

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* For reports of the affair at Moorefield, see Vol. XXIX, Part I, p. 105.

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