said agreement, on the morning of the 4th day of November, said Mason sent to affiant, a sergeant of the name of Moon, of Eighty-eighth Regiment Ohio Volunteer Infantry-home guards-to take charge of said prisoners as aforesaid, who came to affiant for directions, where another who to proceed with his duty. Affiant then instructed said Moon in the management therefore adopted in regard to said prisoners, as to unlocking cells, conducting to meals, care and examination of cells, and the rules for discipline and behavior during the day, and the locking of the prisoners in the cells at night, charging said Moon especially that the said prisoners would require continued and close watching. Said Moon went immediately to that part of said prison in which said rebel prisoners were and look charge of them and remained in such charge until the escape of John Morgan and others. Affiant directed the prison guard therefore employed there to remain a few days and aid and instruct said Moon until he was able to lock and unlock said cells and to understand other duties of his charge. On the next day another sergeant came to aid said Moon, and said two sergeant therefor attended to said prisoners. Affiant withdrew his officers previously stationed there, and from that time employed none of the officers or guards of said prison continuously in said hall or about said prisoners except the watch at night and the necessary superintendence of convicts fuel and cleaning night buckets. Occasionally, however, one of said sergeants would be absent or late, when one of the prison guards would assist the other sergeant in unlocking in the morning or locking up at night. That from and after and said 3rd day of November the care, control, and management of said rebel prisoners as aforesaid was conducted by said military authorities, a lieutenant appearing to be the superior officer in charge, said two sergeants generally opening the cells in the morning, attending during the day upon them, overseeing the care of said cells and conduct of the prisoners, and locking up at night, and reporting the number in cells or hospital at the prison guard-room after locking up time, two sliders mounting guard all day at either end of said hall, a larger military guard outside the walls of prison at the gate, and a U. S. surgeon attending upon their sick. Affiant considered that from and after said 3rd day of November, 1863, neither he nor the directors of said Ohio penitentiary hand any further care of said prisoners than to furnish food, fuel, &c., as above stated, and to watch them at night when locked up in their cells, and from that date until their 28th of November affiant did not go even once in the daytime into that hall were the said prisoners were confined or to said cells, believing himself freed from all care and management of same and not considering it in the line of this duty to pay any further attention thereto. He often, however, passed through in the night, always finding his night watch at their posts and everything about said prisoners and cells quiet and in the usual order.

NATHANIEL MERION.

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

J. WILLIAM BALDWIN,

Notary Public, Franklin County, State of Ohio.

We present the foregoing testimony as we received it. We were not present at the examinations, and it will be seen that much of it is not directly penitent to our inquiries.

From the foregoing and our personal examinations and inquiries we are led to the following conclusions:

First. Had the clear and distinct instructions given to the warden in Your Excellency's note of July 30, 1863, been faithfully followed, no conflict of jurisdiction or escape could have occurred.

Second. That with proper vigilance on the part of the guards within the walls of the penitentiary, and a daily or even weekly inspection of the cells occupied by the prisoners of war, no escape could have been made.

Third. That the omission to make frequent and careful inspection of the cells arose from a want of definite and clear understanding between the military and prison authorities as to the guard and inspection.

Fourth. It is evident that the prisoners made great complaint of their confinement in a place designed for convicts only, and in the attempt to treat them as prisoners of war and grant them indulgences not allowed to convicts discrepancies and embarrassments would arise between the military and prison authorities.