PROVOST-MARSHAL'S OFFICE, Weldon, May 23, 1863.

General D. H. HILL, Commanding Troops in North Carolina.

GENERAL: I send you under guard with evidence against him James Dutton, a man of disloyal sentiment and no doubt an enemy of the first grade to the Confederate States. The guard that accompanies this man heard him publicly use sentiments detrimental to our cause and you may elicit from them sufficient evidence to cause his arrest. I inclose a soldier's discharge and his oath of allegiance. * The former you will discover is very imperfect, it not having been filled up. I believe the discharge a forgery. He was very impudent to me in questioning him and unreservedly uttered sentiments that would justify my pronouncing him a dangerous character.

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

W. BRENAN,

Lieutenant and Provost-Marshal.

[Inclosure.]

WELDON, N. C., May 24, 1863.

Evidence of Sergt. L. LEWIS, Company A, Nineteenth Georgia:

I met prisoner at Weldon, N. C., under car-shed. He asked me to what regiment I belonged and where we were going. I told him we were going to Goldsborough or near there. He then replied that if we would behave ourselves and quit fighting we would all get to go home soon. I asked him what he meant by behaving ourselves and he made no answer. I then asked him where he lived. He said, "I live near Weldon; was born in Alabama. " I then asked him if he belonged to the army. He answered, "That is none of your business. " I then asked him what he was doing there and if he had any showing. He said, "I have, but won't show them to you,: and at the same time tried to get away. I caught him by his coat collar and ordered him to show his papers. He told me that he was an old solider and had been a member of the Fifth Alabama Regiment. I then had him put under arrest and sent to the provost-marshal.

Evidence of J. P. MERRITT, Company H, Nineteenth Georgia:

I first met prisoner at Weldon Hotel. He had his had full of tobacco and asked me if I wanted to buy. After learning the price I told him Numbers He then asked me how we were getting along with the war in Virginia. I told him that we had whipped them there. He then said, "If you fellows will just only behave yourselves you will get to go home in a few days. " I then asked him his reasons for using such expression as that. He replied to me, "You damned rebel, is that any of your business?" I then asked him what regiment he belonged to. He said, "I belong to no regiment. " I asked him where he was from . He said, "From close about here; " then turned off to another gentleman and said, "I wouldn't give then Yankees for the whole Southern Army. " I then asked him if he was an Abolitionist. He said, "I have a right to be what I please. Is that any of your business?" I told him it was. He then said, "Well, make it your business, you damned scamp. " I then quit him and went and told Sergeant Lewis about him.

Evidence of R. E. GARNER, Company G, Twenty-third Georgia:

I first met prisoner in the eating saloon under car-shed. He was making sport of the proprietor about some tobacco he had bought.

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* Oath of allegiance, &c., omitted.

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