The following is the evidence given:

Captain Robert C. Hicks sworn:

Was on duty at Camp Morton September 16, 1864, as officer of the day. Between 8 and 9 a. m. I received an order from prison headquarters directing me to furnish a guard of six men to guard nine Confederate prisoners taking out hospital sink tuck. I placed the guard in charge of Corporal De Witt, of Company D, Fifth Regiment Veteran Reserve Corps. After an absence of about one hour the corporal returned with the guard and eight prisoners, the ninth one being on the hospital truck dead. The corporal reported the facts that I have stated on my written report to Colonel Stevens.

Corporal De Witt sworn:

I was supernumerary corporal at Camp Morton September 16. Between 8 and 9 a. m. I was placed in charge of six guards and nine prisoners by Captains Hicks, officer of the day, to take out the hospital sink truck. We were at the creek, when George Douglass asked permission to obey a call of nature. I gave him permission and sent Private Henderson, Company C, Fifth Regiment Veteran Reserve Corps, with him as a guard. I watched him, as I had been informed he intended to escape. I saw him jump over the fence and heard Henderson order him to halt; he kept on running, when Henderson fired his musket. He had just entered a cornfield when he was shot. I took one guard and two prisoners and went in the cornfield for his body. I had it placed on the truck and carried back to camp, where I reported the above facts to the officer of the day.

Samuel Henderson sworn:

I am private in Company C, Fifth Regiment Veteran Reserve Corps; was on guard at Camp Morton September 16; about 8 or 9 a. m. was detailed with five more men to guard nine prisoners taking out hospital sink wagon. Corporal De Witt had charge of the guard. We went to the creek, when I was ordered by the corporal to go with Douglass (one of the prisoners) while be obeyed a call of nature; he went about three or four rods from the rest of them; after he attended to the call the fence and started to run. As he sprang I ordered him to halt; he kept on running toward a corn-field, when I, fearing he would escape, fired and shot him. The fence was between him and me when I fired.

There being no other witnesses to examine, the commission adjourned.

A. J. GUTHRIDGE,

Captain Company E, Fifth Regiment Veteran Reserve Corps.

GEO. E. PINGREE,

Captain Company I, Fifth Regiment Veteran Reserve Corps.

GEORGE WAGNER,

First Lieutenant and Recorder.

DEPOT OF PRISONERS OF WAR,

Near Sandusky, Ohio, October 2, 1864.

Captain J. F. HUNTINGTON, Acting Assistant Adjutant-General:

CAPTAIN: I have the honor to submit below my Sunday morning report of the condition of the prison and prisoners. The police of the prison shows a marked improvement, especially in the grounds of the prison inclosure. The police of quarters is constantly improving since the occupation of the mess-halls. The rainy weather for the past week has prevented the completion of the repairs on the barracks unroofed by the late storm. Blocks 4 and 9 have their roofs completed and Block 5 nearly so. To-morrow will see all the carpenter work done, if the weather is suitable. The chimneys will be up by the 4th proximo. The prison fence is entirely repaired. The sinks are in very fair condition, with the exception of the mud constantly brought in during wet weather, the walks to them not being all graveled on account of the scarcity of that article. The shores of the island have been nearly