Of the sixteen soldiers of the 13th Mississippi who were captured on Marye’s Heights at Fredericksburg on May 3, 1863, fourteen were sent to the Old Capitol Prison in Washington City, according to Jess N. McLean.

He lists them as Privates Richard Allen, Constantine Mills,  James Thomas Hogan, James Davis, William Hutchinson, and William Foust, of the Wayne Rifles; Private Albert Magyari of the Kemper Legion; Privates David Stephens, Noah Nash Williams, William Culpepper,  and James Comfort of the Minutemen of Attala; Private Jesse Stroud of the Secessionists; Private Joseph Dewitt Stroud of the Pettus Guards; and Private William Simmons of the Lauderdale Zouaves.

McLean reports that Comfort of the Minutemen; Private Eli Collins of the Wayne Rifles; and Private John Weaver of the Newton Rifles were first sent to Fort Delaware, on Pea Patch Island in the Delaware River south of Wilmington. Transferred there later from Washington City were Allen, Culpepper, Hutchinson, Mills, Stephens, and Williams.

Some of these men were later paroled/exchanged and some had rejoined the regiment by the end of May.