following-named officers: Captain J. G. Robinson, Fourth Regiment Veteran Reserve Corps; Captain B. R. Wagner, Fourth Regiment Veteran Reserve Corps; First Lieutenant M. F. Bishop, Fourth Regiment Veteran Reserve Corps.

* * * *

By order of A. J. Johnson, Colonel Fourth Regiment Veteran Reserve Corps, commanding post:

A. F. HIGGS,

Lieutenant and Post Adjutant.

The commission met pursuant to the foregoing order. Present: Captain J. G. Robinson, Fourth Regiment Veteran Reserve Corps; Captain B. R. Wagner, Fourth Regiment Veteran Reserve Corps; First Lieutenant M. F. Bishop, recorder.

The commanding then proceed to examine the case of John P. McClanahan, prisoner of war, shot by Peter Cowherd, private Company C, One hundred and eighth Regiment U. S. Colored Infantry, on the night of the 24th of October, 1864.

Captain MATTHEW H. KOLLOCK, One hundred and eighth U. S. Colored Infantry, being duly sworn, testified as follows:

By the RECORDER:

Question. Were you officer of the day on the 24th of October, 1864, at Rock Island Barracks?

Answer. I was, sir.

Question. What were the instructions given to the sentinels on the parapet at that time?

Answer. The prison is arranged with a ditch surrounding it; also a row of stakes inside the ditch. My instructions were that if the prisoners passed beyond the line of stakes toward the ditch that they were to be warned back, but that if they deliberately crossed the ditch toward the fence that they should be shot and killed if possible. These instructions I imparted to my officers of the guard, and saw that they were imparted to the sergeants, corporals, and men comprising the guard. These instructions have been rigidly adhered to during the time we have been at this post, and this ditch is known and considered by both prisoners and guard as the dead-line.

Captain Kollock's evidence was then read as recorded and found correct.

PETER COWHERD, private Company C, One hundred and eighth U. S. Colored Infantry, was then called, and being duly sworn, testified as follows:

By the RECORDER:

Question. Were you on guard at this post on the night of the 24th of October, 1864?

Answer. Yes, sir.

Question. Were you regularly posted as a sentinel on post Numbers 13 of the fourth front of the prison on or about 11. 30 on the night of the 24th instant?

Answer. Yes, sir.

Question. What were your instructions on that post?

Answer. I had no particular instructions. Yesterday morning the officer of the guard asked me if I had been on duty before, and I told him I had, and he told me to do my duty just as I had before.

Question. What were your instructions as received when you were on guard before?

Answer. If I saw any one come across the ditch I was to halt three times, and if they do not halt shoot them, and if they were across the ditch before I saw them to shoot without halting.