They Went To The Penitentiary 1861-1865.

War is for fighting in what one believes is right, like honor and country , you know the things that stories are written about. But there were men that used the war as a cover for their criminal activities. When one goes looking for ones ancestors he or she may run into a surprises or two, but when one looks into their family past one should not be surprises to find a black sheep now and then. But no matter how one feels about finding these things out it’s part of ones family’s past and should not be left out of it’s history, for by doing so ones family’s history would be incomplete.

Note. The following information will not be in any kind of order I put it down as I found it you may want to do a name search, you may also note this information comes from the official recorders of the Union and Confederate Armies which is housed at the State University of Ohio.

STATE OF OHIO, County of Franklin.
Statement of Jesse W. Moon, .

I curfewed that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for said country and State, Jesse W. Moon, who, being by me duly sworn, deposes and says that he is a sergeant of Company F of the Eighty-eighth Regiment of Ohio Volunteer Infantry; that about the 3rd or 4th day of November last past, as near as this deponent can remember, he was sent by the order of General Mason, through Major Skiles, to the Ohio penitentiary to act as steward to the rebel prisoners confined therein. Deponent had a note from General Mason to Nathaniel Merion, the warden of said penitentiary, informing said warden who he was and directing said warden to admit him. This note contained no orders or instructions as to the duty of this deponent. Deponent's instructions were received verbally from General Mason. They were as follows: That this deponent was to lock up said rebel prisoners in their cells at night and unlock said cells in the morning, to take said prisoners to their meals, and to purchase such things for them as were allowed, tobacco or stationery (for anything else an order form the surgeon, Doctor Bailey, was necessary), to see to the rations of said prisoners, and see that they drew them regularly every ten days. General Mason also directed deponent to have on eye to the guard on the outside wall of said penitentiary, that they performed their duty faithfully, although there was another sergeant of that guard, and this despondent's principal duty was the charge of the guards inside of the said penitentiary. Deponent was not instructed to sweep the cells occupied by said prisoners or to have them sweep. Said warden gave this deponent instructions when he first went to said penitentiary how to lock and unlock the cells, what articles said prisoners were allowed, and so forth. Said warden afterward form time to time cautioned this deponent to be careful. When said prisoners wanted anything not allowed by the orders, for instance, whey they wanted their clothes or boots mended, deponent was in the habit of applying to said Merion, the warden as aforesaid, for his permission. Some times said warden would give his permission, and at other times refuse it.
J. W. MOON,
Sergeant, Company F, Eighty-eight Ohio Volunteer Infantry.
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STATE OF OHIO, County of Franklin.
Statement of John A. Gonce.

I certify that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for said county and State, John A. Gonce, who, being by me duly sworn, deposes and says that the is a sergeant of Company C of the Ninth Regiment of Michigan Volunteer Infantry; that about the 1st of October last this deponent was sent by the verbal order of Major Skiles to take charge of the outside guard at the Ohio penitentiary, said other order being given to this deponent through Sergeant Horne. Deponent never received any instructions in writing. Sergeant Lewis, who preceded this deponent, gave deponent the orders verbally, which were in force, and related to the positing of the guard. Deponent had at that time nothing to do with the inside of said penitentiary. About the 1st of November last deponent was placed in charge of the whole guard of said penitentiary, and has been acting in that capacity since that time, and posted the guard inside of said penitentiary. Deponent had nothing to do with sweeping, cleaning, or inspecting the cells of the rebel prisoners in said penitentiary, or guarding the prisoners to and from their meals. Deponent considered the said rebel prisoners under the charge of the said Nathaniel Merion, the warden of said penitentiary, and that this deponent was as much under the orders of said Merion, warden as aforesaid, in regard to all control or guarding of said rebel prisoners, as he was under the orders of Major Skiles, if not more.
JOHN A. GONCE,
Sergeant, Company C, Ninth Michigan Volunteer Infantry.
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STATE OF OHIO, County of Franklin.
Statement of Robert Lamb.

I certify on honor that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for the country of Franklin and State of Ohio, Robert Lamb, who being by me duly sworn, deposes and says that he is captain of Company F, of the Eighty-eighth Regiment of Ohio Volunteer Infantry; that he was present at the Ohio penitentiary, in the city of Columbus, Ohio, on Saturday, morning, the 28th day of November last, in company with General George B. Wright, Lieutenant Mark W. Goss, and Nathaniel Merion, the warden of said penitentiary, at which time a conversation was had as to the escape of General John Morgan, in which conversation the said Merion, warden as aforesaid, stated that it would never have occurred if the cells had been swept out daily. Lieutenant Goss inquired, "Why the sweeping dispensed with?" Said warden replied, "One of the directors said let the God-named rebels clean their own cells; "and that thereupon Mr. Heavy, the prison guard who had charge of that duty, was notified to stop it, and the prisoners were told they must sweep for themselves. Deponent further says that he was present at the examination of Sergeant Moon by Colonel Wallace, and said Moon's answers were, in effect, that he was sent to the penitentiary to act as steward to the rebel prisoners confined therein; that he, Moon, had received no orders to clean, sweep, or inspect the cells occupied by said rebel prisoners from General Mason or any of this staff; that he, Moon, had no authority or control over said prisoners, except as ordered by the warden of said penitentiary, and that the guard placed at the said penitentiary were entirely subject to said warden's orders.
ROBERT LAMB,
Captain Company F, Eighty-eighth Ohio Volunteer Infantry, and
Aide-de-Camp to Colonel William Wallace, Commanding U. S. Forces, Columbus, Ohio.
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STATE OF OHIO, County of Franklin.
Statement of Mark W. Goss.

I certify that on this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in and for the country of Franklin and State of Ohio, Mark W. Goss, who, being by me duty sworn, deposes and says that he is first lieutenant in Company K of the Sixth Regiment Ohio Volunteer Cavalry; that he was present at the Ohio penitentiary, in the city of Columbus, Ohio, on Saturday morning, 28th day of November, 1863, in company with General George B. Wright, Captain Robert Lamb, and Nathaniel Merion, the warden of said penitentiary, at which time a conversation was had as to the escape of General John Morgan, in which conversation the said Merion, warden as aforesaid, stated that it would never have occurred "if the cells had been swept out daily". Deponent inquired, "Why the sweeping was dispensed with?" Said warden replied, "One of the directors said let the God-named rebels clean their own cells"; and that thereupon Mr. Heavy, the prison guard who had charge of that duty, was notified to stop it, and the prisoners were told they must sweep for themselves. Deponent further says that he was present at the examination of Sergeant Moon by Colonel Wallace, and said Moon's answers were, in effect, that he was sent to the penitentiary to act as steward to the rebel prisoners confined therein; that he, Moon, had received no orders to clean, sweep, or inspect the cell occupied by said rebel prisoners from General Mason or any of his staff; that he, Moon, had no authority or control over said prisoners, except as ordered by the warden of said penitentiary, and that the guard placed at the said penitentiary was entirely subject to said warden's orders.
M. W. GOSS,
First Lieutenant Company K, Sixth Ohio Volunteer Cavalry,
on duty as Aide-de-Camp at Hdqrs. U. S. Forces, Columbus, Ohio.
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STATE OF OHIO, County of Franklin.
Statement of John W. Skiles.

I certify that no this 7th day of December, 1863, personally appeared before me, Frederick J. Fay, a notary public in aforesaid county, John W. Skiles, who, being by me duly sworn, deposes and says that he is major of the Eighty-eight Regiment Ohio Volunteer Infantry and provost-marshal of the city of Columbus, Ohio, and that about 20th of November, 1863, this deponent was in conversation with General Mason and that Nathaniel Merion, warden of the Ohio penitentiary, approached. This deponent asked the question of said warden if the could not lessen the guard on the outer wall, that we were had pressed for duty men. Merion replied that if he was to be held responsible for the safety of the rebel officers he could not spare any men. General Mason at once agree that none of the men should be relieved. Deponent further says that all details of guards for said prison were ordered by me, verbally, to report to said Marion for instructions.
JOHN W. SKILES,
Major Eighty-eighth Ohio Vol. Infantry, Provost-Marshal City of Columbus.
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Note. There was some confession by the military command as rather it was legal or not to send a military prisoner to a U. S. Penitentiary or not. It was stated by the Supreme Court that it was legal for the President to do so if the sentence was for life or death. It was also found out later that it was legal to send any military man to a U. S. Penitentiary for lesser crimes.

PENITENTIARY OF VIRGINIA, November 18, 1863.

JOSEPH SHUMAN AND AMANDUS E. LUDWIG.

Upon an indictment for felony.

Joseph Shumand and Amandus E. Ludwig, late of the county of Botetourt, who stand indicted for felony, were led to the bar in custody of the jailer of this court, sand thereupon the prisoners were arraigned and pleaded jointly not guilty to the indictment and for their trial put themselves upon the country. And thereupon came twenty-four persons duly summoned according to law, who were examined by the court and found to be free from exceptions and lawfully qualified to serve as jurors, and from the panel of twenty-four persons, the prisoners having struck off eight of the names thereof, the following jury was selected from the remaining sixteen by lot, to wit: Marcus D. McCluer, George W. Dillon, Alexander Fellers, John Layman, Philip Loop, Moses Watkins, George Zimmerman, Sr., John Rader, Elijah Harris, Joel Burger, Michael Graybill, and Samuel Burger, Jr., who were elected, tried, and sworn the truth of and upon the premises to speak, ad there not being time to complete the trial the jury were adjourned over till to-morrow morning at 10 o'clock, and Lewis Linkenhoker, sheriff of this county, and James Rowland, deputy sheriff, were sworn according to law to keep the jury together and not to permit any person to have any communication with them till they should return to court in the morning. Thereupon the prisoners were remanded to jail and the court adjourned till to-morrow morning at 10 o'clock.

Note. The information on these two men is to long to put here, however if you would like a copy let me know and one will be provided.
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Extract from a letter from Lieutenant L. D. Holloway, prisoner of war confined in the Ohio penitentiary, to his mother.
OHIO PENITENTIARY, CELL Numbers 27,
Columbus, October 22, 1863.

DEAR MOTHER: * * * Your letter finds me in good health. I have a good appetite and have never been sick a moment since I have been here and trust in God that my good health may continue. I am becoming quite fond of my cell, and in fact, this finding of being a prisoner is not half as bad as you might imagine. Here I can write home and receive letters from you all, which I could not do if I was not a prisoner. I can eat as much as I want and no limit to sleeping. Can keep warm, dry, and clean, read my Bible, sing in a whisper and pray for myself, my family, friends, and enemies, and all these things should make one who was been exposed to cold and rain, and often hungry and worn out for sleep, with other cares and duties crowding on him, quite pleasant for a time. * * *
L. D. HOLLOWAY.
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Extract from a letter from G. M. Coleman, a prisoner of war confined in the Ohio penitentiary, to his brother.
OHIO PENITENTIARY, Columbus, Ohio, October 22, 1863.

DEAR BROTHER: * * * You hopes that we were kindly treated. I don't think we have any just cause of complaint. Our confinement is strong and close; otherwise we are treated as well as prisoners generally are. We are fed plentifully on army rations or its equivalent and are allowed to purchase good warm citizens' clothes. Our quarters are kept clean and nice. Our means of exercise are rather limited, but notwithstanding that we are in the enjoyment of robust health. There are seventy officers, including General Morgan, confine in this institution. We have been here eighty-odd days and no death occurred amongst us, not but two cases of serious illness. Those two recovered some time since. * * *
G. M. COLEMAN.
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WAR DEPARTMENT, Washington, April 19, 1862.

Ordered, That Thomas J. Clay, now a prisoner of war at Columbus, Ohio, be delivered into the custody of Thomas Smith, esq., Third street, Louisville, Ky., for safe-keeping during the war and subject to the order of this Department. His Excellency the Governor of Ohio, having charge of the prisoners of war at Columbus, will please execute this order.
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GENERAL COURT-MARTIAL ORDERS,
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Numbers 283.
Washington, June 12, 1865.

In compliance with General Orders, Numbers 98, War Department, Adjutant-General-General's Office, May 27, 1865, the sentences of the following-named prisoners, now in confinement for "during the war, "are remitted, and the prisoners will be immediately discharged upon taking the oath of allegiance:
ALBANY PENITENTIARY.

1. John R. H. Embert, now or late of the so-called Confederate Army.
CHARGE I: Acting as a spy.
CHARGE II: Violation of the laws of war, as laid down in paragraph 86 of General Orders, Numbers 100, from the War Department, April 24, 1863.
FINDING: Guilty.
SENTENCE: Confinment at hard labor in the Albany penitentiary during the war.

2. Samuel B. Hearn, now or late of the so-called Confederate Army.
CHARGE I: Acting as a spy.
CHARGE II: Violation of the laws of war, as laid down in paragraph 86 of General Orders, Numbers 100, from the War Department, April 24, 1863.
FINDING: Guilty.
SENTENCE: Confinement at hard labor in the Albany penitentiary during the war.

3. Braxton Lyon, now or late of the so-called Confederate Army.
CHARGE I: Acting as a spy.
CHARGE II: Violation of the laws of war, as laid down in paragraph 86 of General Orders, Numbers 100, from the War Department, April 24, 1863.
FINDING: Guilty.
SENTENCE: Confinement at hard labor in the Albany penitentiary during the war.
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Secretary of War.

Now, therefore, in accordance with said telegram, William A. Bowles, Lambdin P. Milligan, and Stephen Horsey, citizens of the State of Indiana, will be confined at hard labor during the terms of their and each of their natural lives, at the penitentiary at Columbus, Ohio. The president will be sent under guard to said penitentiary with a copy of this order, together with said General Orders, Nos. 27 and 37, current series, from these headquarters. Lieutenant Colonel John H. Gardiner, Seventeenth Regiment Veteran Reserve Corps, commanding post, Indianapolis, Ind., will cause this sentence to be executed.
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RICHMOND, January 7, 1865.
Lieutenant Colonel JOHN E. MULFORD, Assistant Agent of Exchange:


SIR: Some time ago Johnson S. Palmer, an inoffensive citizen of Loudoun County, Va., was tried by some sort of a Federal tribunal and sentenced to the penitentiary at Albany. Mr. Palmer's offense, it seems, was that he carried cattle and other articles from his county to Richmond for sale. now notify you that one Charles Thompson, who for some time past has been a citizen prisoner, has this day been put in the penitentiary at Richmond in retaliation. When Mr. Palmer is released Mr. Thompson will be discharged.
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COURT- MARTIAL ORDERS,
ADJUTANT- GENERAL'S OFFICE,

Numbers 601.
Washington, November 3, 1865.


I. In the case of John H. Winston, citizen, sentenced by a military commission "that he be imprisoned for the period of five years at hard labor, with ball and chain, at such place as the commanding general may direct," as promulgated in General Orders, Numbers 70, head-quarters Department of the Missouri, Saint Louis, Mo., May 12, 1864, and now undergoing execution of sentence in the penitentiary at Jefferson City, Mo., in view of the circumstances connected with the case, and upon the recommendation of the Judge- Advocate- General, the prisoner will be released from confinement upon taking the oath of allegiance.

II. In the case of Samuel L. Winston, citizen, sentenced by a military commission "to be confined at hard labor for the period of ten years in such prison as the commanding general may direct,' as promulgated in General Orders, No. 127, headquarters Department of the Missouri, Saint Louis, Mo., July 21, 1864, and now undergoing execution of sentence in the penitentiary at Jefferson City, Mo., in view of the circumstnces connected with the case, and upon the recommendation of the Judge- Advocate- General, the prisoner will be released from confinement upon taking the oath of allegiance.
By order of the Secretary of War:

4. In the case of Mary E. Surratt, the commission, having maturely considered the evidence adduced, finds the accused as follows:
Of the specification, guilty, except as to reciving, entertaining, harboring, and concealing Samuel Arnold and Michael O'Laughlin, and except as to combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
Of the charge, guilty, except as to combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
Adn the commission does, therefore, sentence her the ssaid Mary E. Surratt, to be hung by the neck until she be dead, at such time and place as the President of the United States shall direct, two-thirds of the members of the commission concurring therein.

5. In the case of Michael O'Laughlin, the commission, having maturely considered the evidence adduce, finds the accused as follows:
Of the specification, guilty, except the words thereof as follows: "And in the further prosecution of the conspiracy aforesaid, and of its murderous and treasonable purposes aforesaid, on the nights of the 13th and 14th of April, A. D. 1865, at Washington City, and within the military department and military lines aforesaid, the said Michael O'Laughlin did then and there lie in wait for Ulysses S. Grant, then lieutenant-general and commander of the Armies of the United States, with intent then and there to kill and murder the said Ulysses S. Grant;" of said words not guily, and except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
Of the charge, guilty, except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
Adn the commission does, therefore, sentence him, the said Michael O'ALaughlin, to be imprisoned at hard labor for life at such penitentiary as the President of the United States shall designate.

6. In the case of Edward Spangler, the commission, having maturely considered the evidence adduced, finds the accused as follows:
Of the specification, not guilty, except as to the words, "The said Edward Spangler, on said 14th day of April, A. D. 1865, at about the same hour of thsat day, as aforesaid, wothin sasid military department and the military lines aforesaid, did aid and abet him (meaning John Wilkes Booth) in making his escape after the said Araham Lincoln had been murdered inmanner aforesadi;" and of these words, guilty.
Of the charge,not guilty, but guilty of having feloniously and traitorously aided and abetted
ohn Wilkes Booth in making his escape after having killed and murdered Abraham Lincoln, President of the United States, he the sasid Edward said Abraham Lincoln, Presidnet, as aforesaid, had been murdered by the said John Wilkes Booth, as aforesaid.
And the commission does, therefore, sentence him, the ssaid Edward Spangler, to be confined at hard labor for the paried of six years, at such penitentiary as the President of the United States shall designate.

7. In the case of Samuel Arnold, the commission, having maturely considered the evidence adduced, finds the accused as follows:
Of the specificastion, guilty, except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
Of the charge, guilty, except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
And the commission does, therfore, sentence him, the sasid Samuel Arnold, to be imprisoned at hard labor for life, at such penitentiary as the President of the United Sstates shall designate.

8. In the case of Samuel A. Mudd, the commission, having maturely considered the evidence adduced, finds the accused as follows:
Of the specification, guilty, except combining, confederating, and conspiring with Edward Spangler; of this, not guilty; and except receiving, entertaining, harboring, and concealing Lewis Payne, John H. surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. surratt, and Samuel Arnold; of this, not guilty.
Of the charge, guilty, except combining, confederating, and conspiring with Edward Spangler; of this, not guilty.
And the commission does, therefore, sentence him the ssaid Samuel A. Mudd, to be imprisoned at hard labor for life, at such penitentiary as the President of the United States shall designate.

EXECUTIVE MANSION, July 5, 1865.


The foregoing sentences in the cases of David E. Herold, George A. Atzerodt, Lewir Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it is ordered that the sentences in the cases of David E. Herold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by the proper military authority, under the direction of the Secretary of War, on the 7th day of July, 1865, between the hours of 10 o'clock a. m. and 2 o'clock p. m. of that day. It is furhter ordered that the prisoners, Samuel Arnold, Sasmuel A. Mudd, Edward Spangler, and Michael O'Laughlin, be confined at hard labor in the penitentiary at Albany, N. Y., during the period designated in their respective sentences.
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WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE,
June 29, 1865.
The PRESIDENT:

The following report of the opinion of this Bureau upon the proceedings at the trial by military commission of certain persons charged with conspiring to liberate rebel prisoners of war confined in Chicago and to destroy and sack that city is respectfully submitted: The commission began its sessions on the 11th of January, 1865. The prisoners arraigned before if were: Charles Walsh, Buckner S. Morris, Vincent Marmaduke, R. T. Semmes, Charles T. Daniel alias Cahrles Travis, G. St. Leger Grenfel, and Benjamin M. Anderson. Walsh was convicted and sentenced to five years' penitentiary confinement; Morris and Marmaduke were acquitted by the commission; Semmes was convicted and sentenced to three years' imprisonment; Daniel escaped from confinement during the trial, but was, notwithstanding, convicted and sentenced to death; Anderson committed suicide in prison, and Grenfel was convicted and condemned to death. General Hooker approves the proceedings in all the cases, and in those of Daniel and Grnefel refers the proceedings ofr the action of the President. He designates the penitentiary at Columbus, Ohio, as the place of confinement of the prisoners Walsh and Semmes. In the case of Walsh a separate report has been rendered unnecessary. In the case of Semmes a special report upon his application for pardon was prepared in this Bureau on the 6th of June and has been submitted to the President.
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RICHMOND, March 14, 1865.
Brigadier General JOHN E. MULFORD, Assistant Agent of Exchange:

SIR: Some time ago you released and delivered under our agreement three inmates from the Albany penitentiary. I understand there is another Confederate soldier in said penitentiary who stood in precisely the same situation as the three you have delivered. His name is Hammond Claude, a private in Company C, First Maryland Cavalry. He was tried as a spy and acquitted, but was sent to the Albany penitentiary. Such was the case of the tree parties (Embert, Lyon, and Hearn) whom you have delivered. Why is a distinction made between them and Claude? Will you not deliver him in compliance with our agreement?
Respectfully, your obedient servant,
RO. OULD,
Agent of Exchange.
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STATE OF OHIO, Franklin County.

Milo H. Scott, of the city of Columbus, Franklin County, State of Ohio, being duly sworn, deposes and says as follows: I am one of the guards employed within the Ohio penitentiary by Nathaniel Merion, the warden thereof, and for a time previous to the 4th of November, 1863, my special duty was the care and control, under the directions of said warden of the rebel General John H. Morgan and other rebel officers therein confined. I unlocked their cells in the morning, conducted them to their meals, overlooked the sweeping and cleaning of said cells by the party of State convicts employed for that purpose, remained with said prisoners during the day, locked them in their cells at night, and reported their number and condition at the guard-room of said penitentiary every night. On the morning of said 4th of November, 1863, I went to the office of said penitentiary, saw the warden, Merion, who told me that the military authorities at Columbus had taken the charge of said rebel prisoners, and that he, the warden, was no longer to manage or guard them, and gave me to understand that I should not be needed longer, as the military were that day to send one or two sergeants who were to attend to them and discharge generally the duty I had therefore engaged in. Said warden, however, further told me that he thought the sergeants appointed to take charge of said prisoners would not understand precisely the mode of management and care necessary to be taken with said prisoners in uncloaking them for their cells, and locking them up; and said that I had better go with them and keep them for a while, until they learned said duties and the usual mode of discharging them. Soon afterward one of the sergeants (Moon by name) came to that part of the prison where said prisoners were confined, stated he was to take charge of them, and I then gave him all the instructions I could as to the general care and control of said prisoners, locking and unlocking their cells, conducting them to their meals, and gave up charge of said prisoners to him. The next morning, I think it was, another sergeant came (Gonce by name, I think) and assisted said Moon in the care of the prisoners. I continued with them a few days, until I thought they were sufficiently acquainted with their duties, when I was employed by said warden in other places. I had, however, the duty assigned me of overseeing the convicts detailed to take down and cleanse the night buckets and bring in coal for fires, and was thus obliged often to pass into the hall where said prisoners were in the daytime, but had no authority or control over them, nor said had my guard of said prison. Frequently one of said sergeant (Gonce) would come lat in the morning or be entirely absent, and then sometimes I aided said Moon in locking and unlocking said cells.

Affiant further says that previous to his being assigned to the charge of said prisoners he served as night watch in said penitentiary. The duty of said night watch is once in two during the night to pass around the range of cells noiselessly, wearing only their slippers, and with a lamp in the hand, held close to the granting of the cells door, to see if the prisoners is within and quiet. Everything about said halls and cells is kept very quiet and still, and the least jar or noise is most distinct, and affiant believes that it would be impossible for any prisoners or convict in any of said cells to saw, dig, pound, scrape, or attempt anything of the sort in the nighttime without being immediately heard and disproved by said night watch and night guard. And further this affiant saith not.

MILO H. SCOTT.

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STATE OF OHIO, County of Franklin.

Jess E. Waston, of the city of Columbus, Franklin Country, State of Ohio, being duly sworn, deposes and says as follows: I am one of the guards of the Ohio penitentiary, situate at Columbus, and since about the 1st of October, 1863, have been assigned to duty as night watch. The duty of said night watch is as follows: He goes in about 5 o'clock p. m. after the prisoners are all locked in their cells, and passing around with a light inspects each cell through the grated door, seeing the occupant is within, and, counting the number, reports the same at the guard-room of the penitentiary. Shortly after 6 o'clock p. m. he passes round again and directs the filling of the water buckets of the prisoners through the bars of the cell door. At 9 o'clock he again passes round to direct that the prisoners' light in cells all to be extinguished. At 11 o'clock p. m., 2 o'clock a. m., and 4 o'clock a. m. he again passes round quietly with a light in his hand, which he holds close to the cell door, to see if the convict is within and quiet, and counting the number thus seen each time. The rest of the time during the night, until the hour of 6 o'clock a. m., is spent in the halls about the blocks of the cells, walking about and watching generally, the guard or watch being in said halls constantly. On the night of November 27, 1863, I went on duty as usual at 5 o'clock p. m. My place has been, since acting as night watch, the most easterly bock of cells, in the south side of which the rebel General John H. Morgan and the other rebel officers were confined. On the night aforesaid I discharged the usual routine of duties as above described. I counted the said rebel prisoners at the first round, reported the number, found it correct, gave them their water at the usual time, ordered lights out, seeing them each one in his cell at the time, made by usual round with the lamp at 11 o'clock, 2 o'clock, and 4 o'clock, found everything as usual in cell, counted, as I supposed, a man in each of said rebel cells, heard no noise or disturbance of any sort soever, and it was not until the day guards came in the morning of November 28 that I even imagined that the said rebel prisoners were not safety in their cells. I afterward saw in their beds, in said cells, stuffed images which had been placed therein to deceive me and which, in my rounds, I had mistaken for the men themselves wrapped up in their bedclothes. Everything was very quiet all the night of said November 27. Entire stillness almost prevails about said cells and halls during the night, and the least noise or jar is instinctly heard anywhere in the hall, and it would be impossible, I think, for any prisoners to cut, saw, dig, pound, scrape, or attempt anything of that kind without being immediately heard and discovered by the night watch, and that it was perfectly impossible for said rebel prisoners to have excavated the holes in their cells floors which they did dig, in any of them during the night season, when I was on duty as aforesaid, without being heard and discovered by me. And I further declare that, during all the time I so watched them at night, as aforesaid, I never heard any noise of such digging or discovered anything about them or their behavior in their cells at night to create suspicion or even to arouse extra attention. And further this affiant saith not.
JESSE E. WATSON.
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Note. It was my wish to put a lot more information here but as you can see some of these reports can be very long, more then I got space for so I have put together a list of penitentiaries with the name that can be found within them.

Each man named here will have a report on him, and some can be many pages long. If you see a ancestor here and would like his information, you can get it by just asking. You can find my address in my profile. The names here are not just Military but civilians as well.

Important note. When asking for a name please give Name, Penitentiary and page number, as the search, does not call the name up all the time and I will need a place to start from.

Penitentiary.

Albany New York.

Samuel P. B. Hearn-p. 115
Braxto Lyon-p. 115
William H. Rogers or Rodgers-p. 115
John R. H. Embert-p. 115
Benjamin B. Harris-p. 632-3
Philip Trammell-p. 1113
Samuel Arnold-p.700
Samuel A. Mudd-p.700
Edward Spangler-p.700
Michael O’Laughin-p. 700

Alton.

David H. Wherrit-p. 1040
John D. Chadwick-p. 238
Francis E. Whitfield-p. 238
Colonel John H. Winston-p. 87
Albert W. Cushman-p. 1066

Columbus.

Richard T. Semmes-p. 664
Charles Walsh-p. 664
Buckner S. Morris-p. 664
Vincent Marmaduke-p. 664
Charles T. Daniel-p. 664
G. St. Leger Grenfel-p. 664
Benjamin M. Anderson-p. 664
Colonel B. W. Duke-p. 888
Stephen Horsey-p. 588
R. T. Semmes-p. 573
Robert J. Breckinridge-p. 390
Basil W. Duke-953

Ohio.

General J. H. Morgan-p. 347
Captain M. D. Logan-p. 347
Lieutenant W. P. Crow-p.347
Lieut. Colonel James B. McCreary-p. 347
Captain B. A. Tracy-p. 347

Richmond.

Captain William Gramm-p. 1
Lieutenant Isaac A. Wade-p. 1
Daniel Dusky-p. 1
Jacob Varner-p. 1
Isaac Goble-p.407
David V. Auxier-p. 407
Samuel Pack-p.407
William S. Dils-p.407
John W. Howe-p.407

Nashville Tenn.

J. B. Heiskell-p. 380
Captain M. S. Royce-p. 19
Captain Frank Battle-p.23

Salisbury N. C.

Captain Edward E. Chase-p.955

San, Quentin Ca.

Esward A. Swain-p. 902
T. E. Hogg-p. 753
John S. Hiddle-p. 753
W. L. Black-p. 753
T. J. Grady-p. 753
R. B. Lyon-p. 753
Joseph Higgin-p.753

Washington.

Captain Daniel Dusky-p. 227
Lieutenant Jacob Varner -p. 227
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Department or the interior, report No. 1157.

Penitentiary of the District of Columbia.

There were 332, prisoners in this penitentiary at the time of this report of October, 1862.
Those being housed were Men, Women, Boys, Military men and Negro’s men & women.

The information here is very good, but it will be hard to find your ancestor as they only give initials only no full names. I will give a example on what the information would look like, and if you would like and try to find a ancestor I will help you to find him or her.

Example.

Name. J. T. W
When received, Aug. 16, 1853.
Sex and color, White man.
Where born, District of Columbia.
Age, 19.
Where convicted, Washington, D. C.
No. of convictions, 1.
Crime, Arson.
Term of sentence, 12, years.
Employment at prison, Shoemaker.
When discharged, Still confined.