which I forward to you. In my opinion, the sentinel was justified in firing on the prisoner. He was ordered three times to halt and did not obey the order. On that night the sentinels were very vigilant, and all the troops under arms in anticipation of a break-out by a portion of the prisoners.

Very respectfully, your obedient servant,

S. EASTMAN,

Lieutenant-Colonel, U. S. Army, Commanding Post.

[Inclosure.]

ELMIRA, N. Y., August 4, 1864.

Lieutenant Colonel S. EASTMAN, Commanding Post, Elmira, N. Y.:

COLONEL: In compliance with orders, the board selected to investigate the circumstances attending the shooting of A. P. Potts, prisoner, by Granville Garland, sentinel, on the night of the 31st of July, was convened at Barracks, Numbers 3, at 10 a. m. August 4, 1864, and received the following testimony, which we have the honor to submit:

Captain J. G. Cramer, One hundred and eighth New York Volunteers, said:

I was officer of patrol on the night of the 31st of July. Between 8 and 9 o'clock I went to the post opposite the mess-hall and asked the sentinel his instructions. He replied that he was to allow no one to cross over the bank to commit nuisance. I saw two men at the edge of the water and asked him what they were doing there. The sentinel replied that they were washing their feet and he had allowed them to cross for that purpose. I then instructed him to allow no ne to cross his beat on any pretext whatever. Between 8 and 9 o'clock a shot was fired by this sentinel. I ran to him to ascertain the cause of the firing. He stated that a man had crossed his beat; that he challenged him, but he paid no attention to it; then he fired. The man ran into the building; he was not hit. I told the sentinel he had done his duty, and to fire upon any man who attempted to cross his beat after he had challenged him three times. About 10 o'clock I heard another report. I ran to the sentinel and asked the cause of the firing. He stated a man had crossed his beat and commenced committing nuisance. He said that he spoke to the man four times but that he paid no attention to him, and then he fired as he was instructed. The man ran to the barrack, crying "I am shot!"

Corpl. M. Turk, Company G, Tenth New York Cavalry, said:

I was sergeant of the guard on the night of the 31st of July. The sentinel had been stoned from the post near the mess-hall the night before, and so I selected Granville Garland as the best man I had for that post. I gave him his instructions to allow no one to cross him beat for any purpose. A prisoner attempted to cross, Garland halted him three times, and then fired at him. I was but a short distance from the post. I went up to Garland and asked him what he had done. He said he had fired at a man who had crossed his beat, and hit him. This was about 10 o'clock. He had previously fired at a man that night.

Corpl. D. A. Rudd, Company E, One hundred and twenty-sixth New York Volunteers, said:

I was at the sutler's the night of the 31st of July. As I passed the beat near the mess-hall I heard the sentinel cry "Halt!" I answered "I is I, sentinel; I am all right. " He replied "I didn't mean you, sergeant; I meant this other man; " and again cried "Halt!" I then saw a man a few feet from me approaching the sentinel's beat. I reminded him that the sentinel had halted him. In a moment afterward I heard the sentinel cry "Halt!" again, and added "Keep away from there. " The man paid no attention to him. The sentinel then fired at him. The man ran to his quarters, crying "Oh, God, I am shot!" I do not know the exact time, but should think it was not far from 10 o'clock.

Very respectfully, your obedient servants,

N. F. STEELE, captain,

J. B. KENNEDY, captain,

CHAS. B. ROUNDS, lieutenant,

Board of Examination.