Affidavit of Milo H. Scott follows:

STATE OF OHIO, Franklin County, ss:

Milo H. Scott, of the city of Columbus, Franklin County, State of Ohio, being duly sworn, deposes and says as follows: I am one of the guards employed within the Ohio penitentiary by Nathaniel Merion, the warden thereof, and for a time previous to the 4th of November, 1863, my special duty was the care and control, under the directions of said warden of the rebel General John H. Morgan and other rebel officers therein confined. I unlocked their cells in the morning, conducted them to their meals, overlooked the sweeping and cleaning of said cells by the party of State convicts employed for that purpose, remained with said prisoners during the day, locked them in their cells at night, and reported their number and condition at the guard-room of said penitentiary every night. On the morning of said 4th of November, 1863, I went to the office of said penitentiary, saw the warden, Merion, who told me that the military authorities at Columbus had taken the charge of said rebel prisoners, and that he, the warden, was no longer to manage or guard them, and gave me to understand that I should not be needed longer, as the military were that day to send one or two sergeants who were to attend to them and discharge generally the duty I had therefore engaged in. Said warden, however, further told me that he thought the sergeants appointed to take charge of said prisoners would not understand precisely the mode of management and care necessary to be taken with said prisoners in uncloaking them for their cells, and locking them up; and said that I had better go with them and keep them for a while, until they learned said duties and the usual mode of discharging them. Soon afterward one of the sergeants (Moon by name) came to that part of the prison where said prisoners were confined, stated he was to take charge of them, and I then gave him all the instructions I could as to the general care and control of said prisoners, locking and unlocking their cells, conducting them to their meals, and gave up charge of said prisoners to him. The next morning, I think it was, another sergeant came (Gonce by name, I think) and assisted said Moon in the care of the prisoners. I continued with them a few days, until I thought they were sufficiently acquainted with their duties, when I was employed by said warden in other places. I had, however, the duty assigned me of overseeing the convicts detailed to take down and cleanse the night buckets and bring in coal for fires, and was thus obliged often to pass into the hall where said prisoners were in the daytime, but had no authority or control over them, nor said had my guard of said prison. Frequently one of said sergeant (Gonce) would come lat in the morning or be entirely absent, and then sometimes I aided said Moon in locking and unlocking said cells.

Affiant further says that previous to his being assigned to the charge of said prisoners he served as night watch in said penitentiary. The duty of said night watch is once in two during the night to pass around the range of cells noiselessly, wearing only their slippers, and with a lamp in the hand, held close to the granting of the cells door, to see if the prisoners is within and quiet. Everything about said halls and cells is kept very quiet and still, and the least jar or noise is most distinct, and affiant believes that it would be impossible for any prisoners or convict in any of said cells to saw, dig, pound, scrape, or attempt anything of the sort in the nighttime without being immediately heard and disproved by said night watch and night guard. And further this affiant saith not.

MILO H. SCOTT.

Sworn to and subscribed before me this December 8, 1863, as witness my hand and seal of office.

J. WILLIAM BALDWIN,

Notary Public, Franklin County, Ohio.

Affidavit of Julius J. Wood follows.

STATE OF OHIO, Franklin County, ss:

Julius J. Wood, being duly sworn, deposes and says as follows: I reside at the city of Columbus, Ohio, and am one of the directors of the Ohio penitentiary there situated. At a meeting of the directors of said institution held on the 3rd day of November, 1863, the warden thereof, Nathaniel Merion, being present, John S. Mason, U. S. military commandant at Columbus, Ohio, attended and proposed to said directors to make a change in the management and care of the rebel officers confined in said penitentiary. Therefore the warden and officers of said penitentiary had exercised care and control over them, and said Mason, for reasons then assigned, thought it better that they should be under the control of the military authorities at Columbus. It was then and there agreed between said Mason and said warden and directions that from and after said date said military authorities should take charge of said prisoners, attend upon them, procure such things as said authorities thought might be proper, besides the rations allowed by the prison rules, guard and look after