Johnson's 10th Kentucky Cavalry did not exist at this time, but the name of the unit commander coincided, hence the confusion.

CSA records show Day's date of capture as Sept. 25, 1862, place not cited. The record in the 10th Kentucky Cavalry gives the date of parole as either Oct. 4th or 14th at Greenupsville KY. Following a long retreat from Cumberland Gap to the Ohio River, Gen. George W. Morgan released his Confederate prisoners on parole.