War of the Rebellion: Serial 057 Page 0638 KY., SW. VA., TENN., MISS., ALA., AND N. GA. Chapter XLIV.

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few of the leaders were apprehended. Of the rioters who were captured, about 30 in number, all were released but 16 little or no proof being found against the others. Of the 16 1 died, and 15 therefore remained and still remain in the hands of the military authorities. Their names are as follow: Bryant Thornhill, George J. Collins, John F. Redomon, G. W. Reardon, B. F. Reardon, B. E. Brooks, John Galbreath, Aaron Bryant, John Reynolds, John T. Taylor, John W. Herndon, John W. Murphy, Michael Murphy, Miner Shelborne, William P. Hardwicke.

In regard to these men, instructions were conveyed from this Bureau, under date of the 27th ultimo, to Major Burnett, judge-advocate, to the effect that their cases were triable by a military commission. It was ruled that while they might be charged (as proposed) with "conspiring to kill soldiers of the United States contrary to the laws and customs of war," they were chargeable with "murder" also. "Not" (as was remarkable) "murder in the common acceptation of the term of which, when committed by a citizen in a State where the ordinary criminal courts are open, a military tribunal would not have jurisdiction, but the murder of soldiers of the United States, for the disloyal and treasonable purpose of resisting and defeating the Government in its efforts to suppress the rebellion. Such a crime (it was said), when perpetrated in time of war, might well be held to be a military offense, and, as such triable and punishable by a military court." It was added that "the circumstances thus conferring jurisdiction should be indicated in the charge and distinctly set forth in the specifications."

Pursuant to these instructions the trial of at least 4 of these prisoners has, as it is understood, been entered upon at Cincinnati. These 4 are supposed to be Thornhill, Collins, Redmon, and George W Reardon, being the same when were indicted by the grand jury of Coled County, the two former for riot and the two letter for murder.

It my be added here that the grand jury ignored bills of indictment against the other prisoners now held by the military authorities. They however, found indictments of murder against John H. O'Hair and a number of the leaders of the insurrection who have never been captured.

At it is understood to be the desire of the President to come to a just conclusion in regard to the criminality of these prisoners, especially of those who are believed to have not yet been put on trial, the mass of affidavits and other written testimony, inclusion the sworn statements filed in their defense, have been carefully examined. The following is a brief summary of the evidence in all these cases, including those of the first four:

Bryant Thornhill.-Two female witness testify that at the time of the commencement of the firing he was at the house of one of them, situated a quarter of a mile from the court-house. They, however, l do not state that he remained there during all the firing although they add that when he left he went toward his home, which was in a direction opposite to the square. One of these witnesses is the wife of Dukes, a notorious insurgent; the other, her next neighbor. There is other testimony, mostly, however, on the part of men implicated in the riot, that he left the square just before the firing and advised others to leave, on the ground that there was about to be a difficulty. On the other hand, it is testified by Mullen, a soldier, that he saw Thornhill present at the attack and engaged in firing upon the soldiers. Two others, H. N. Turner and Robert Smith,