War of the Rebellion: Serial 114 Page 0404 PRISONERS OF WAR, ETC.

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The commission finds the accused:

Of the first charge and specification, guilty.

Of the second charge and specification, guilty.

And does therefore sentence him, the said James R. J. Jones, to be retained in custody subject to the orders of the major-general commanding the department.

THOMAS M. SMITH.

CHARGE 1: Bridge and railroad and car burning.

Specification. - That on the night of the 20th of December, 1861, the said Thomas M. Smith 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 bridge known as the Long Branch bridge, and certain railroad ties, rails, 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. - In this, that the said Thomas M. Smith did on the evening or night of Friday, the 20th of December, 1861, meet with other parties unknown and plot the destruction of two railroad bridges, to wit, the Sturgeon bridge and the Long Branch bridge, and certain ties, track, rails and cars being part of and appertaining to the North Railroad.

Specification 2: In this, that the said Thomas M. Smith 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 Surgeon bridge and the Long Branch bridge, and the track or a portion thereof of the North Missouri Railroad and sundry cars upon said track.

CHARGE 3: Treason against the Government of the United States.

Specification. - In this, that Thomas M. Smith did assume an attitude of open rebellion against the Federal Government by taking up arms against the same and by assuming and exercising the functions, 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 of December, 1861.

To which the accused pleaded:

To the first charge, not guilty.

To the second charge, guilty.

To the third charge, guilty.

The commission finds the accused:

Of the first charge and specification, guilty.

Of the second charge and specification, guitly.

Of the third charge and specification, guilty.

And does therefore sentence him, Thomas M. Smith, to be shot to death at such time and place as the major-general commanding the department shall direct.

* * * *

STEPHEN STOTT.

CHARGE 1: Giving aid and comfort to bridge and railroad burners.

Specification 1. - In this, that the said Stephen Stott did on the evening or night of Friday, the 20th of December, 1861, meet with other parties unknown and plot the destruction of two railroad bridges, to wit, the Sturgeon bridge and the Long Branch bridge, and certain ties, track, rails, and cars being part of and appertaining to the North Missouri Railroad.

Specification 2. - In this, that the said Stephen Stott 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 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 or a portion thereof of the North Missouri Railroad and sundry cars upon said track.

CHARGE 2: Treason against the Government of the United States.

Specification. - In this, that Stephen Stott did assume an attitude of open rebellion against the Federal Government by taking up arms the same and by assuming army within the limits proper of the State of Missouri from and after or about the 19th day of December, 1861.

To which the accused pleaded guilty.