them generally, the prisoners, however, still to be kept in said penitentiary, food and washing, fuel and water to be provided by said warden, and after they were locked up in cells at night, the usual prison night watch to visit their cells in his usual rounds. Said Mason agreed to continue the guard at the outside gate, and the sentries in the hall fronting the rangers of cells, to appoint a surgeon, and some one to attend to all the wants of the prisoners. Affiant called said Mason's attention to the necessity of having reliable men to preform such duty, when said Mason said that the would put an officer in charge, and would have a sergeant th, except at night after said prisoners were locked up in their cells. In pursuance of this agreement, said Mason on the next day, November 4, 1863, appointed a sergeant to the duty, who came to said prison and entered immediately upon the discharge of that duty, and had the full care and charge of said prisoners from that date, from the time they were let out of the cells in the morning until they were locked up again at night by said sergeant, and a surgeon who duly attended upon any who were ill or in the hospital. Neither affiant nor the officers of said penitentiary thenceforth considered the said prisoners under their control or charge, except so far as the night watching as aforesaid. The money belonging to said prisoners was also all paid over by said authorities to sad Mason, or said officer placed in charge by him.

J. J. WOOD.

Sworn to before me and subscribed in my presence this December 8, 1863. Witness my hand and seal of office.

J. WILLIAM BALDWIN,

Notary Public, Franklin County, Ohio.

Affidavit of Nathaniel Merion follows:

STATE OF OHIO, Franklin County, ss:

Nathaniel Merion of the city of Columbus, Franklin County, State of Ohio, being duly sworn, deposes and says as follows: I am the warden of the Ohio penitentiary, located at the city of Columbus, Ohio, wherein have been confined, for several months, the rebel General John H. Morgan and a number of rebel officers taken prisoners by the U. S. troops in Ohio in July, 1863. That previous to the 4th day of November, 1863, said prisoners were under the charge and control of affiant, and the officers of said penitentiary, by whom they were released from their cells in the morning, watched during the day, their cells cleaned, they taken back and forth to the prison dining-room, locked in the cells again at night, watched during the night, attended upon when ill, cared for and guarded generally, with the assistance and protection of two soldiers stationed as sentries, one at either extremity of the hall fronting said rangers of cells occupied by said prisoners, in the daytime, and a further military guard at the first entre gate outside of said prison walls, furnished by the military authorities of Columbus. That some few days previous to the 3rd day of November, 1863, affiant had held several conversation with General John Mason, U. S. military commandant at Columbus, regarding the management of said prisoners, in which for various reasons said Mason expressed the opinion that it would be expedient for the U. S. military authorities to take full charge and control of said prisoners. And in one of the last of said conversations affiant informed said Mason that the directors of said penitentiary were to have a meeting on the 2nd and 3rd days of November, 1863, and requested him to attend and make such arrangements for the future care of said prisoners as might be satisfactory. That accordingly said Mason attended at the meeting of said directors, held on the 3rd day of November, 1863, at which affiant was present, and it was then and there agreed between said Mason and said directors that the general care, control, and management of said prisoners should thenceforth be assumed by the said military authorities at Columbus, or, as it was expressed, that said authorities should take "military charge of them" from and after that date. Said prisoners, however, were still to be kept in said penitentiary, but said prison authorities, thereafter, only to provide prison rations, and cook the same, was clothing, &c., provide fuel, emptying and cleaning night buckets, and after said prisoners were locked in their cells for the night, reported at the prison guard-room and the military guard relieved from said hall, that the night watch of the prison should take that hall and those rangers of cells in his regard rounds and watching. That said Mason agreed expressly to give a U. S. military officer charge over them, to continue a sufficient guard in said had and at the outside gate as before; to furnish one or two sergeants, who should unlock the cells in the morning, see that said cells were kept in order, conduct said prisoners to their meals in said dining-room; maintain the usual prison discipline and order during daytime and lock them in their cells again at night; and to make purchases of such small items of food, etc., for said prisoners with their own money as might seem proper to said military authorities, and to furnish a surgeon to attend upon such as should be ill or in the prison hospital, and who was to order extras for their comfort as might be needed. That according to