KNOXVILLE, May 22, 1863. 
Honorable GEORGE BROWN, 
Judge of the Third Judicial Circuit of Tennessee: 
Respondent John E. Toole for answer and return to your honor's writ of habeas corpus issued
upon the petition of Stephen McKee, Michael Malone and Jonathan Summit would respectfully
state and show unto your honor that the statement of petitioners that they are restrained of their
liberty upon a charge of the murder of John Cunningham, who was a citizen of Monroe County,
&c., is wholly untrue and without foundation. Petitioners were not arrested and have not been
held upon the charge of the murder of John Cunningham. 
Respondent here begs leave to submit to your honor a full and correct statement of facts as to the
manner in which petitioners came into the custody of respondent: 
On the 3rd of this month Colonel G. Troup Maxwell, an officer of the C. S. Army, commandant
of the post at Loudon, Tenn., sent said petitioners as prisoners under guard to respondent as
provost-marshal for the Department of East Tennessee charged with disloyalty and treason
against the Government of the Confederate States in harboring and feeding a band of
bushwhackers who were committing acts of violence upon the citizens of Monroe County, Tenn.,
and in discharge of my duty as a subordinate officer of the Confederate Army and in obedience to
general orders and instructions from the commanding general of the Department of East
Tennessee said petitioners were committed to the military prison at Knoxville to await such
further disposition as the Confederate authorities might make in the premises. Afterwards, to wit,
on the 12th instant Michael Malone, one of said petitioners, was released from custody upon my
application and permitted to return home, and a few days since after the service of the writ upon
me petitioners Stephen McKee and Jonathan Summit were arrested and taken out of the custody
of the military authorities by the C. S. marshal for the District of East Tennessee upon a warrant
for treason issued by Confederate Commissioner Elliott. Consequently none of said petitioners are
in my custody or under my control or the control of the military authorities, but are in the custody
and under the control of the civil officers of the Confederate Government, and for this reason I
have no power or authority to have the bodies of petitioners before your honor at Sweet Water
Depot on the 23rd instant as directed and required by your honor's writ. 
Now, having made full answer and return of my doings in the premises I pray to he hence
dismissed. 
JOHN E. TOOLE, 
Colonel and Provost-Marshal Department of East Tennessee.
Source: OFFICIAL RECORDS: Series 2, Vol 5, Part 1, Prisoners of War