Question. Did any of the rebel prisoners attempt to cross the ditch near your post on the night of the 24th instant? If so, please state the circumstances as they occurred.

Answer. Yes, sir; there was. When I first saw him he was lying right by the end of the coal house. Then I went to the far end of my beat and turned round and missed him then, and I looked back and I saw him slipping across the ditch; then, when I got close enough to the man to be certain, I slipped off my shoes and crept right up over him and stepped right up on the rail and fired at him while he was scratching under the fence.

Question. Where is the coal house you spoke of situated?

Answer. Way up at the far end of the Barracks Numbers 13, pretty close to the ditch and near the dead line.

Question. About what time did it occur?

Answer. About 11. 30 o'clock, as near as I can guess at.

Question. What relief were you on and at what time were you put on post?

Answer. Second relief. Put on at 11 o'clock.

Question. Where did this occur?

Answer. On the fourth front of Rock Island Prison Barracks, Ill.

Private Cowherd's testimony was then read as recorded and found correct.

Private JOHN COWHERD, Company C, One hundred and eighth Regiment U. S. Colored Infantry, being duly sworn, testified as follows:

By the RECORDER:

Question. Were you on guard on the 24th instant; and if so, on what relief, and where were you posted?

Answer. Yes, sir. On the second relief, on post Numbers 11, fourth front.

Question. At what hours during the night were you on post?

Answer. At 11 o'clock and at 5 o'clock.

Question. What occurred while you were on post between 11 and 1 o'clock on the night of the 24th instant?

Answer. When I turned round on my beat I saw something slip across the dead-line, and I slipped up there as quick as I could. When I got there I saw it was a man, and I saw the sentinel on post Numbers 13 fixing to shoot at him, and I stood there with my gun cocked ready to shoot him if the other man missed him.

Question. What was the prisoner doing at the time he was shot at by the sentry at post Numbers 13?

Answer. Lying flat on his belly scratching under the fence.

Question. About what time do you think this occurred, and at what place?

Answer. About 11. 30, on post Numbers 13, fourth front, Rock Island Prison Barracks, Ill., on the night of the 24th of October.

Question. What were your instructions?

Answer. To let no man come across the dead-line. If he did, halt him three times, and if he did not stop shoot him; and if he got across before I saw him shoot him without halting.

The commission, after mature deliberation on the evidence adduced, are of the opinion that Private Cowherd acted only in accordance with the spirit of the instructions received by him while on duty as a sentinel on post Numbers 13, and do therefore acquit him of all blame in the case of