amount of seventy thousand dollars. follows:

These suits are as

"1. Garrett Davis vs. John M. Palmer and the Kentucky Central R. R. Co. Bourbon Circuit Court. Process returnable first Monday in April, 1866. Damages, $10,000.

"2. Brutus J. Clay vs. John M. Palmer and the Kentucky R. R. Co. Bourbon Circuit Court. Process returnable first Monday in April, 1866. $40,000.

Damages,

"These suits are instituted to recover the value of certain negro slaves who are alleged to have escaped and were transported by the railroad company by passes issued by the provost marshal of Paris, Kentucky, under General Orders Nos. 32 and 49, copies of which are herewith enclosed.

"3. Jesse H. Hall vs. John M. Palmer et als. Harrison Circuit Court, May 1, 1866. Suit for false imprisonment. It is not alleged that I had anything to do personally and had had no personal knowledge of this arrest, but Mr. Garrett Davis, counsel for plaintiff, seeks to charge me upon some idea that, as commander of the negro troops, I am responsible for all their acts. Damages, $10,000.

"4. Calloway vs. John M. Palmer-false imprisonment. The plaintiff was arrested in July, 1865, for expelling a colored woman from the cars. This arrest was to check the numerous outrages perpetrated at will upon the negroes in all parts of the state. The imprisonment was only nominal, and the party was brought before me and then discharged.

"It will be seen that these suits cannot be disposed of at once, and that to defend them will involve the expenditure of much time. I have defended with success other suits brought against me here without expense to the government, having paid all needful costs from my own pocket, and given them my personal attention.

"I have to request that the defense of these suits be undertaken by the government."

I forwarded this letter to the adjutant-general with my resignation, which I requested might take effect on April 1, 1866. The government took charge of the suits against me, and indemnified me against costs.

CHAPTER XX.

The guerrillas-Killing of Marion-Capture of "Sue Mundy "—Mar, gruder and Medkiff-Sentence of Davis and Berry-Mrs. Smith and Miss Bailey-Feeding the guerrillas.

Kentucky was cursed at the time I assumed command of the department by the presence of "Sue Mundy" (Jerome Clark), Marion, Magruder and Quantrell, who finally came into the state, and others.

Much was expected of me in the suppression of the guerrillas. The Louisville Journal said: "The guerrillas, we apprehend, have had their day in Kentucky, a long and a stormy one to be sure, even without Confederate cooperation. General Palmer, we are confident, will soon clear our state of the bloody and spoil-laden wretches who seem likely to have Confederate co-operation of the most effective kind.”

General Burbridge, who had preceded me in command of the district of Kentucky, before it was made a department, had attempted to terrify the guerrillas by hanging their friends. He was in the habit of selecting four, by lot from his military prison, and having taken them near to the scene of the outrage, hang them. I chose to pursue a different course, and made war upon the guerrillas personally. For example, the guerrilla Marion having sent me notice that he had captured Dr. Montgomery Miller, assistant surgeon of one of the Indiana regiments, and would hang him unless Medkiff or Magruder, who were both in the military prison, should be discharged. I issued an order dated April 11, 1865, that "neither Medkiff nor Magruder will be discharged, but will be tried, and if found guilty of acts contrary to the rules of civilized warfare, will be punished accordingly; and upon reliable information that Dr. Miller has been injured, both will be executed at once. The above

notice is given at the request of Marion that an answer be returned through the newspapers."

I notified Mr. Lindsay, adjutant-general of the state, that "Captain Terrell is acting under orders from these headquarters, and that he belongs to the police force of this department." When I got this notice from Marion, I determined that he should be captured or killed. I immediately proceeded by rail to Eminence, Kentucky, and found Terrell there, having sent him word to meet me. Terrell had killed an officer of his regiment (Confederate) when serving in Virginia, and his followers were not much better than Marion. From Eminence, I telegraphed to the adjutant-general of the department, ordering Major Wilson, late of the 4th Kentucky, to proceed, with one company of the 30th Wisconsin, on the Bardstown pike, in order to create a diversion in Terrell's favor, and to help him in case it was necessary. A few days afterwards, General Harlan reported that Terrell was "in front of my headquarters with Marion." I went to the front, and found that Terrell had killed Marion, had loaded his body on the Bardstown railroad and brought him in. He had rescued Dr. Miller from his peril. Terrell was an exceedingly dangerous man; I never let him enter my quarters without keeping a revolver at hand.

Afterwards, Porter, who was the successor of Quantrell, came into my headquarters, and proposed terms of surrender. I told him that the guerrillas must surrender for trial; that I would see them, and if my terms were not satisfactory, I would not detain them, but they should have twenty-four hours of grace to return to the place from whence they came, but that I would keep up the war on them.

In the meantime, an affair had occurred near Bardstown, which I characterized as an "infamous outrage,' and in consequence of which I issued "Special Order No. 64," in which I said: "Satisfactory evidence having been furnished the general commanding that an in

famous outrage was committed on the person of a lady living near Bardstown by certain scoundrels who profess to be Rebel soldiers, notice is given to all concerned, that no guerrilla, or Rebel soldier, who now is or has been in Nelson county within ten days past, will be allowed to surrender himself, otherwise than for trial, until the perpetrators of this crime are arrested; they are guerrillas, and are known to the people of that county, and a reward of five hundred dollars is offered to any person who shall arrest or kill either of the men engaged in the commission of this outrage."

Edwards, in his noted "Guerrillas," in describing this affair, says: "In the meantime, a horrible outrage had been committed. A most respectable woman, a Mrs. Clark, had been outraged under circumstances of peculiar atrocity. Riding an unfrequented road to a neighboring town in quest of medicine, or medical attendance for an ailing neighbor, she was overpowered by two ruffians and monstrously abused. Some who both hated and feared the remnant of Quantrell's little band accused them of the atrocious act. General Palmer, in a moment of unreasonable indignation unusual for him, joined in the outcry without investigation, and declared bitterly that, until the savages who did the deed were brought to him, living or dead, the Missouri guerrillas should take their chances as outlaws and be hunted accordingly. Equally with the indignation of the Federal general, was the indignation of the Missourians. Frank James, especially, was furious. Before Palmer even knew of the outrage, James had taken William Hulse with him, and had struck and followed rapidly the trail of the scoundrels. On the Chaplain river, above Chaplaintown, and after a sleepless hunt for two days and nights, the guerrillas came upon their prey. One was a Kentuckian named Brothers, and the other a nondescript called "Texas; his proper name was probably Jonathan Billingboy.

"These two desperadoes had been joined by a third, who, while he was in no manner connected with the out