them to stop. All of them obeyed except two. They continue throwing filth from both windows, notwithstanding I warned them three or four times to stop or I would fire on them. As soon as my back was turned they would throw it out. I am sure they did it three or four times after I ordered them to stop. They could certainly hear me, as I was only about ten feet from the window, and one of them answered that it would be stopped. I turned to move away when the offense was repeated, when I again warned them to stop. After I warned them the fourth time and they disobeyed, I fired at the window. I afterward learned that a man was wounded by the shot.

The court, after mature deliberation, respectfully submits the above evidence and the statement of Private Deakyne. It is the opinion of the court that Private John H. Bibb, Charlottesville Artillery, was accidentally killed on the morning of the 20th instant by a shot fired by John Deakyne, Company F, Ninth Delaware Volunteers, in enforcing orders received from the sergeant of the guard, said orders being the same as contained in Special Orders, Numbers 157, headquarters Fort Delaware, Del., June 1, 1864, a copy of which is hereto attached; and further, that John H. Bibb was innocent of any breach of orders at the time he was shot.

There being no further business, the court adjourned sine die.

WM. Y. SWIGGETT,

Major Ninth Delaware Volunteers, President.

R. H. LEWIS,

First Lieutenant, Ahl's Independent Battery Delaware Vols., Recorder.

[Sub-inclosure.]

SPECIAL ORDERS,
HEADQUARTERS FORT DELAWARE, Numbers 157.
June 1, 1864.

The officer of the guard must read and explain these orders to each relief of his guard regularly before having it posted:

I. No sentinel must communicate with nor allow any person to communicate with any of the prisoners, nor permit any of the prisoners to go outside of the limits of their barracks without the permission of the commanding general or the officers in charge of the prisoners.

II. It is the duty of the sentinel to prevent the prisoners from escaping, or cutting, defacing, or in any way damaging any of the Government property, or from committing any nuisance in or about their barracks, or from using any abusive or insolent language toward them, and from any violation of good order.

Should the sentinel detect any prisoner in violating these instructions, he must order him three distinct times to halt, and if the prisoner obeys the order the sentinel must call for the corporal of the guard and have the prisoner placed in arrest; but should the prisoner fail to halt when so ordered, the sentinel must enforce his orders by bayonet or ball.

III. The sentinels are required to exercise the utmost vigilance and to exact from prisoners a strict compliance with these instructions, and must always be duly impressed with the nature and extent of their responsibility.

By command of Brigadier-General Schoepf:

GEO. W. AHL,
Captain and Acting Assistant Adjutant-General.

WASHINGTON, D. C., December 21, 1864.

Colonel C. W. HILL,

Commanding Johnson's Island, Sandusky City, Ohio:

COLONEL: The reports of the military prison at Johnson's Island for the weeks ending December 4 and 11 have been received. I have the