Question. Did you see Private Deakyne shoot the prisoner, Bibb?

Answer. I did not, but heard him warn them to desist committing nuisances three times distinctly before he fired.

Question. What were the instructions you received on being posted?

Answer. To prevent the prisoners from gathering in crowds on the parade ground and to keep them from committing nuisances.

LEONIDAS TRIPLETT, on being duly sworn, saith:

I belong to Company A, Seventh Virginia Cavalry. Am a prisoner of war at this post. This morning at about 7 o'clock I aroused my bedfellow, John H. Bibb, also a prisoner, to go to breakfast. The men in the adjoining bunk were washing at the time. A man opened the window and threw out some water, against which we have had no orders.

Question. How far was Bibb from the window?

Answer. About nine feet. He had not been at the window.

Question. How many times do you know of water having been thrown from the window?

Answer. I know certainly of twice and it may have been three times. I did not hear the sentry give orders not to do so. Bibb was innocent of the whole affair.

R. M. RUTHERFORD was then duly sworn and says:

I am a member of Nelson's Georgia Rangers and am a prisoner of war at this post.

COURT: State what you know of the shooting of John H. Bibb.

Answer. I came out of the Eighth Division of the barracks this morning. I saw the sentinel walking in the rear of the Third Division in the direction of the Eighth Division. I heard the report and saw the sentry taking the gun from his shoulder. I had only been out of the barracks long enough to take about thirty steps.

Question. How far were you from the sentry when he fired?

Answer. I think about thirty steps.

Question. Do you know of any orders against filth being thrown from the windows?

Answer. Yes; every man in the barracks knows that it is against orders to throw filth from the windows at night, but I think that the orders do not forbid it during the daytime.

Question. Did you see any one in the inclosure besides yourself and the sentry?

Answer. I do not remember to have been one other man.

WILLIAM KELSOE, on being sworn, says:

I belong to the Eighth Kentucky Cavalry, and am a prisoner of war.

By the COURT:

Question. Do you know anything of the shooting affair this morning?

Answer. I was looking out of the door of the barracks and saw the sentry fire. He was forty or fifty yards from me when he fired. I saw something thrown from the window of the barracks, but did not hear the sentry forbid it. I know that it is against orders to throw anything from the windows after night. I think the sentry was about thirty feet from the window when he fired.

Statement of Private JOHN DEAKYNE, Company F, Ninth Delaware Volunteers:

I was stationed on post Numbers 60, inside the prisoners' inclosure, on the morning of the 20th of December, 1864. I went on post at 7 a. m. The sergeant of the guard instructed me to go around the barracks and see that the prisoners committed no nuisance or did any damage to Government property, wasted the water at the sinks, or threw any filth out of the barracks windows. In case they did, I was to warn them three or four times to cease, and if they still disobeyed I was to fire. While walking my beat I saw filth thrown from several windows. I immediately ordered