On August 30, 1864, Captain Benjamin R. Haley wrote a letter to West Virginia Governor Arthur I. Boreman:

Sir I have the Honor of reporting to you the Success and condition of my company I have Lost no men tho there is Some ten cases of Sickness in my company owing to exposure in Scouting and Lying out in the night time we have had quiet times for the Last month untill the Last few days we now have Bill Smith and his gang in our midst which gives us much trouble and fatigue Looking out for him we also have Jim Smith the arch trator and a Small gang to Look after which is a great innoiance attended with considerable Trouble and Danger so upon the whole we have our hands full and in deed we may consider ourselves fourtunate if we are able to compete Successfully with them our armes are in good order and ammunition plenty for the ensuing month.

We have Arrested 9 Disloyal citizens which have been Sent away under Gen. Shermans order and two more who are now under trial at Catletts Burg Ky. Also one cofederate Soldier who was sent to Camp Chase whose name was Wash Wats. There has been Recently a trasaction in our county of Some importanc that a cirtain Rebel capt. James Buskerk who was experimenting with uncle Abe pills and took one too many So it worked him out of this wourld and also out of our way for ever and at the Same time there was one Stephen Strawther who took a very Heary Dose which is prooveing it is Supposed pretty fatal to him tho he may recover its affects for any thing we know yet we do hope it may have a good effect Let it work as it will it is an expressed opinion that if this Little company Should be removed the gurillas would be robbing Steam Boats between Catlettsburg & Guyandott and it is threatned Strongly as it is.

Attached to the August 30 letter was this message:

Sir wee are concious that our company is too weak to purform the Duty that is Required oweing to the increased numbers of gurilas and the Disbandment of the other three companies puting all together it becomes dangerous to Scout through the county or even to Hold a position in the County we have time and again Reported to the federal forces and with one Single exception have failed to get Help they invariably tell us to Remain with them and Keep out of Danger which you at once Se gives our County no protection at all now I have conversed with your warmest costituance and just friends and they all think it Due them and the intrust of our county that you Should give an order for more men now I can asure you the men can be recruited in a very Short time. You are aware that the term of Servis of the 5 Va Regt. is now about out and there are quite a number of them who have not nor will not reenlist also quite a number of them who Reside in wayn County and cannot Stay at home under existing circumstanses. They therefore would Readily enlist in a compey of this kind and Defend the Interest of the Loyal people of this county. There are also quite a number of citizens who would becom Souldiers in a Local Company like this be you assured we must have moor men or Suffer great Loss after Runing great Risks of our own Live we are held as usurpers of the Laws of Va and cald Borman Bogus theaves and cut throats by the Rebels and threatened with instantaneous Death when captured.

We are not at all Dismaid or intimidated at there threats not with Standing that there is plenty moor men to Help us we think it nothing more than Right they Should be permitted to do wee know they will do if armed and put at it we therefor petition you to give us the minimum number of a company Say eighty the Rank and file to be paid from the Date of there enlistment and for to be economical Say one Lieutenant.

On September 15, 1864, Haley was captured by a force under the command of Rebel Bill Smith. A few days later, on September 23, he was officially discharged from the 5^th West Virginia Infantry, as was his son, William. The following day, the Wheeling Intelligencer reported on his capture:

A RAID: A few days ago the notorious rebel Bill Smith, with about sixty men, made a raid on Ceredo, situated on the Ohio river, in Wayne County in this state. They captured Capt. Ben. Hailey, and eight of his men, who belonged to the West Virginia State Guards, who were stationed at Ceredo for the protection of that point and surrounding neighborhood. They also captured all the male citizens of the place, with the exception of two old men, and robbed the Post Office of stationary and postage stamps, and other valuables, to the amount of about forty dollars, and robbed the citizens of all the horses in the neighborhood, and about seven hundred dollars. The guerillas left Ceredo with their prisoners and booty, going in the interior, in the direction of Wayne Court House, robbing the citizens of their horses and other property. The loyal citizens have been greatly annoyed for the want of necessary protection, ever since March or April last, the country being overrun by guerillas, committing depredations of the most shameful character, such as murdering citizens, robbing houses of bed clothing and their valuables, and taking money from citizens. It would be a great relief to the loyal citizens of Wayne County if the military authorities could possibly spare soldiers sufficient to protect said county from the bands of guerillas that are continually infesting the county, and driving the loyal citizens away from their homes.