me duly sworn, deposes and says that he is major of the Eighty-eight Regiment Ohio Volunteer Infantry and provost-marshal of the city of Columbus, Ohio, and that about 20th of November, 1863, this deponent was in conversation with General Mason and that Nathaniel Merion, warden of the Ohio penitentiary, approached. This deponent asked the question of said warden if the could not lessen the guard on the outer wall, that we were had pressed for duty men. Merion replied that if he was to be held responsible for the safety of the rebel officers he could not spare any men. General Mason at once agree that none of the men should be relieved. Deponent further says that all details of guards for said prison were ordered by me, verbally, to report to said Marion for instructions.

JOHN W. SKILES,

Major Eighty-eighth Ohio Vol. Infantry, Provost-Marshal City of Columbus.

Sworn to and subscribed before me, at the city of Columbus, in said county and State, this 7th day of December, 1863.

Witness my hand and seal of office.

FREDK. J. FAY,

Notary Public.

Sworn statements of Sergeants Moon and Gonce:

STATE OF OHIO, County of Franklin, ss:

I curfewed that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for said country and State, Jesse W. Moon, who, being by me duly sworn, deposes and says that he is a sergeant of Company F of the Eighty-eighth Regiment of Ohio Volunteer Infantry; that about the 3rd or 4th day of November last past, as near as this deponent can remember, he was sent by the order of General Mason, through Major Skiles, to the Ohio penitentiary to act as steward to the rebel prisoners confined therein. Deponent had a note from General Mason to Nathaniel Merion, the warden of said penitentiary, informing said warden who he was and directing said warden to admit him. This note contained no orders or instructions as to the duty of this deponent. Deponent's instructions were received verbally from General Mason. They were as follows: That this deponent was to lock up said rebel prisoners in their cells at night and unlock said cells in the morning, to take said prisoners to their meals, and to purchase such things for them as were allowed, tobacco or stationery (for anything else an order form the surgeon, Doctor Bailey, was necessary), to see to the rations of said prisoners, and see that they drew them regularly every ten days. General Mason also directed deponent to have on eye to the guard on the outside wall of said penitentiary, that they performed their duty faithfully, although there was another sergeant of that guard, and this despondent's principal duty was the charge of the guards inside of the said penitentiary. Deponent was not instructed to sweep the cells occupied by said prisoners or to have them sweep. Said warden gave this deponent instructions when he first went to said penitentiary how to lock and unlock the cells, what articles said prisoners were allowed, and so forth. Said warden afterward form time to time cautioned this deponent to be careful. When said prisoners wanted anything not allowed by the orders, for instance, whey they wanted their clothes or boots mended, deponent was in the habit of applying to said Merion, the warden as aforesaid, for his permission. Some times said warden would give his permission, and at other times refuse it.

J. W. MOON,

Segregant, Company F, Eighty-eight Ohio Volunteer Infantry.

Sworn to and subscribed before me, at the city of Columbus, in said county and State, this 7th day of December, 1863.

Witness my hand and seal of office.

FREDK. J. FAY,

Notary Public.

STATE OF OHIO, County of Franklin, ss:

I certify that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for said county and State, John A. Gonce, who, being by me duly sworn, deposes and says that the is a sergeant of Company C of the Ninth Regiment of Michigan Volunteer Infantry; that about the 1st of October last this deponent was sent by the verbal order of Major Skiles to take charge of the outside guard at the Ohio penitentiary, said other order being given to this deponent through Sergeant Horne. Deponent never received any instructions in writing. Sergeant Lewis, who preceded this deponent, gave deponent the orders verbally, which were in force, and related to the positing of the guard. Deponent had at that time nothing to do with the inside of said penitentiary. About the 1st of November last deponent was placed in charge of the whole guard of said penitentiary, and has been acting in that capacity since that time, and posted the guard

43 R R-SERIES II, VOL VI