War of the Rebellion: Serial 114 Page 0378 PRISONERS OF WAR, ETC.

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1 and 2 thereunder; also guilty as charge in third charge and its specification; also guilty as charged in charge 4 and its specification, and does therefore sentence him, John C. Tompkins, to be shot to death at such time and place as the major -general commanding the department shall direct.

JOHN GROESBECK,

Colonel Thirty - ninth Ohio, President.

HENRY BINMORE,

Assistant Adjutant - General and Acting Judge - Advocate.

Trial of William J. Forshey, charged with bridge - burning and violation of parole.

William J. Forshey was arraigned * upon the following charges and specifications, to wit:

CHARGE 1: Bridge, railroad and car burning.

Specification. - That on the night of the 20th of December, 1861, the said William J. Forshey with other persons unknown did unlawfully within the Military District of North Missouri burn and destroy one railroad bridge known as the Sturgeon bridge and also one other railroad ties, rails, tanks and cars, which bridges, ties, rails, tanks and cars formed a part of the common traveled way known as the north Missouri Railroad. This in violation of martial law prevailing in the said Military District of North

Missouri and in the State of Missouri.

CHARGE 2: Giving aid and comfort to bridge and railroad burners.

Specification 1. - That the said William J. Forshey did upon the evening and night of Friday, the 20th of December, 1861, meet with other parties in known and plot the destruction of two railroad bridges, to wit, the Sturgeon bridge and the North Missouri Railroad. This in violation of martial law prevailing in the said Military District of North Missouri and in the State of Missouri.

Specification 2. - That the said William J. Forshey did by his presence and advice upon the evening and night of Friday, the 20th of December, 1861, aid and assist and afford comfort and assistance to a party of armed men who on the night of Friday, the 20th of December, 1861, burned and destroyed two railroad bridges, to wit, the Sturgeon bridge and the Long Branch bridge, and the track over a portion thereof of the North Missouri Railroad, and sundry cars upon said track.

CHARGE 3: Aiding and abetting in the act of bridge - burning and in the destruction of a part or portion of the North Missouri Railroad and the cars and rolling - stock thereof.

Specification. - That the said William J. Forshey did on the night of Friday, the 20th of Decemeber, 1861, aid and abet in the act of bridge - burning and in the destruction of bridges and in the destruction of a portion of the North Missouri Railroad, and of cars upon the track of said railroad by chopping with axes, by carrying fencerails, by exciting with language, &c.

CHARGE 4: Violation of parole.

Specification. - That the said William J. Forshey, lhaving been released from the custody of the military authority of the United States upon his parole of honor that he would not take up arms against the peace and dignity of the United States or of morning of Saturday, the 21st of December, 1861, violate that parole by oposing the forces of the United States by the destruction of railroad bridges, ties and tracks, and by the firing of arms with the intent to slay and wound officers, and soldiers of the U. S. Army.

CHARGE 5: Treason against the Government of the United States.

Specification. - In this, that William J. Forshey did assume an attitude of open rebellion against the Federal Government by taking up arms against the same, and by assuming and exercising the function, duties and powers, of a soldier or officer in the rebel army within the limits proper of the State of Missouri from and after or about the 19th day of December, 1861.

DAVID McKEE,

Major Black Hawk Cavalry.

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* Before the commission constituted by Special Orders, Numbers 97,

p. 374. No date, but probably on same day that Tompkins was tried.

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