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James Morris Fayette.-Says he was born in Patrick County, Va. When he was twelve years. old his father moved to Marsh Fork of Coal River. Prisoner says he now lives on Sand Lick Creek, a fork of Coal River. Says he was arrested at home by a part of Phelps' company. They stated he was a deserter from Captain Adam's company. Says he was with Adam's company awhile, perhaps a month. Mustered with them but never signed a paper or was sworn in. Says he was never regularly mustered into service. He says when Wise retreated from Kanawha his captain gave his company leave to go home, but to meet again to go to Greenbrier. Says only twenty-four met at place of rendezvous. He was sent by the captain to get fifteen of the men to return. Names eight only of them. He represents he was riding about the county hunting for these men until he was arrested. Says he was three times at Jacob Petries'. Was on Paint Creek the 15th of October; cannot tell why. Was at Brownstown purchasing goods for his family. Does not remember from whom he bought them or whether it was from an old store or one newly established. Will not tell where he was the day before his arrest. (Note.He was arrested on the 25th of October; the 24th, the day before, was the day of the election held by the usurping government of Wheeling.) Captain Bailey says he knew the prisoner as a citizen and a soldier. As a citizen he was generally regarded as a dissipated man. As a soldier all he knows was stated by Captain Adam's before a court-martial in which this mans' case was heard. He was regarded as a faithful soldier until his desertion. Says the case was postponed by the court until further evidence. After the prisoner was sent to the guard room Doctor Moss, who had been requested to appear as a witness, appeared. Doctor Moss said he came to the prisoners house immediately after his arrest and the soldiers who arrested him found an Enfield musket and a Northern uniform in his house. The prisoner was re-examined and stated the musket and uniform were left the night before in his absence by one William Workman, a cousin of the man now in prison. What they were left at his house for he does not know. I called at the adjutant-generals office but the adjutant-general and Colonel Chilton were out and I was informed there were no returns of Adam's company in the office, but the clerk made no examination. In this case I am satisfied that Morris is a deserter from Adam's company, Floyds brigade, and that after his desertion he was actively going about the country and among the disaffected tories and was on the Kanawha near the enemy. He does not account for the uniform and Enfield musket found in his possession. I think he should be held and further inquiries be made to bring him to justice as a deserter who joined the enemy.