Such prisoners as did not a company Captain Manson though properly notified by him, and yet have not taken the oath of allegiance,

Major Hoffman informed Lieutenant-Colonel Pool he considered as deserters within our lines; and though a loss to your side were not a gain to ours-in fact that they should be reported and considered by you as deserters as much as though it were in the fields. Though this view may perhaps be correct I am willing rather than to be considered as unfair or as taking advantage of the fact of these men being within our lines that they should be sent out, and if Lieutenant-Colonel Pool will again send his correct lists of such men as have not been delivered I will take the necessary steps to send them out.

Captain Simons' [Guion's] company were not notified by Captain Manson of their exchange and have not been sent across the lines in consequence. Lieutenant-Colonel Pool gave Major Hoffman a list of the men of this company. This list has been published in the New Berne Progress and the men named in it ordered to appear in New Berne and report to the provost-marshal to be sent to your lines.

Major Hoffman was correct in saying that list of those exchanged men retained by us would be sent to our commissioner for the exchange of prisoners [illegible] be credited with the number. Your objection being that your holding such an excess of prisoners a long time must elapse before you could profit by the credit given, &c., I would say in reply to that, by the fortunes of war the reverse is as likely to be the case in a week an in six months.

The outrage of which Acting Assistant Adjutant General Everett writes I have ordered immediately investigated, and though I cannot credit the truth of the report should it prove to be true offenders will be surely punished and every reparation made.

Mr. Hurst will be sent out the lines.

I am, very respectfully, your obedient servant,

J. G. FOSTER,

Major-General, Commanding.

HEADQUARTERS ARMY OF THE SOUTHWEST,
Camp at Helena, Ark., October 18, 1862.

Major General W. T. SHERMAN, Commanding, Memphis, Tenn.

GENERAL: Major-General Curtis, commanding the Department of the Missouri, has received a communication from General Hindman in which some complaints are made to which Major-General Curtis informs me he has sent replies through you. Major-General Curtis desires me to make inquiries and report to you, so that my report can go out with the communication which you will send. In regard to Private Peebles, said to have been tied by Colonel Fitch to the wheel house to be shot at, I cannot ascertain what has become of him, but know that the was not shot. In regard to Lieutenant Tolleson, 'said to be held as a prisoners sentenced to be shot," I can hear nothing of him and there is not prisoner here in that situation, nor do I know of any one having been in that situation at this place at any time. In regard to Samuel Berry, said to have been murdered by our troops at Council Bend, a Major Berry was shot at by lawless stragglers at that place, but I have since seen him at this post alive and well and paid him for produce. He says he was not hit.

Very respectfully, your obedient servant,

E. A. CARR,

Brigadier-General, Commanding.