Union Regiments

5th West Virginia Infantry
Field and Staff - John Ziegler - Letters (18 items)
Box 13
Folder 1

Transcribed by Randy Marcum

Head Quarters 5 Va Reg
Camp Pierpoint, Ceredo
Oct 17 1861

Gov Pierpoint

Dear Sir

Enclosed please find affidavit of Capt Kirk in reference to the case of Wm Smith from the testimony I presume he will have to be discharged we do not wish to punish the innocent but the guilty must atone for their dues

Yours Respecfully
John L. Zigler Col
5th Va Reg

United States of America
District of Western Virginia

This day Joseph M. Kirk Captain of Company F of the 5th Virginia Regiment came personally before me J. C. Wheeler a commissioner for the United States District Court of the district of Western Virginia and made oath in due form of laws that he lives near the home of Wm Smith lately sent by Col Ziegler as a prisoner to Camp Carlisle that he is personally acquainted with the said William Smith and that he knows personally and by information obtained from Reliable Sources the following facts in regard to him and his arrest He is an industrious steady and sober man and a consistent Union man until after the Election held to ratify the ordinance of Secession and after that time being overawed by the great pressure of the Secession influence around him he was compelled to pursue a course which had the appearance of joining the Rebels in their hostility against the Government A Band of Secessionists came to his house & threatened him with violence & compelled him to give hup his gun which was probably used at the Battle of Trouts hill They came the second time to induce him to go into camp at the same place where another fight was anticipated, threatened him, that if he did not go they would force him into the southern army to fight during the war that he remained in Camp 3 days & the night of the third day being out on duty as a picket guard he left them & went home and was attending to his business until our Scouts met him near home and arrested him That after his arrest our troops having heard that the rebels had arrested a Union man near Cassville in the county, a proposition was sent to the rebels to exchange him for the said Union man & his cartridge box the said Union man by the name of Lewis Maynard & his cartridge box was released agreeable to the said proposition but Wm Smith having in the mean time been removed he was not sent back according to our proposition

And further this deponent saith not
Joseph M Kirk Capt Co F

Sworn to and subscribed before me this 16th day of Oct. 1862

J. C. Wheeler Commissioner U. S. D. Ct. of the Dis. of W. Va.

5th West Virginia Infantry: Folder 1

West Virginia Archives and History