War of the Rebellion: Serial 114 Page 0405 EARLY EVENTS IN MISSOURI, ETC.

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The commission finds the prisoner:

Of the charges and specifications, guilty.

And does thereofe sentence the said Stephen Stott to be shot to death at such time and place as the major-general commanding the department may select.

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GEORGE H. CUNNINGHAM.

CHARGE 1: Bridge, railroad and car burning.

Specification. - In this, that on the night of the 20 the of December, 1861, the said Geroge H. Cunningham with order persons unknown did unlawfullu 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, tanks and cars, which bridges, rails, ties, 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. - In this, that the said George H. Cunningham 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 and cars being part of and appertaining to the North Missouri Railroad.

Specification 2. - In this, that the said Goerge H. Cunningham did by his presence and advice upon the evening and night of Friday, the 20th of December, 1861, aid and assist and affort 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 brigeds, 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 the said track.

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

Specification. - In this, that George H. Cunningham 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 day of December, 1861.

Two which the prisoner pleaded:

To the first charge, not guilty.

To the second charge, guilty.

To the third charge, guilty.

The commission finds the prisoner:

Of the first charge and specification, guilty.

Of the second charge and specifiction, guilty.

Of the third charge and specification, guilty.

And does thereofe sentence him, George H. Cunningham, to be shot to death at such time and place as the major-general commanding the department shall direct.

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II. The findings of the commission on all charges of treason are disapproved as such charges were not triable by a military commission. (See Rule 6, announced in General Orders, Numbers 1, current series, from these headquarters.) The other findings on other charges in the cases of John C. Tompkins, William J. Forshey, John Patton, Thomas M. Smith, Stephen Stott, George H. Cunningham, Richard B. Crowder and George M. Pulliam are approved, and the sentences awarded them will be carried into effect at the time and place to be hereafter designated by the general commanding the department. Brigadier General B. M. Prentiss will notify the prisoners of the decision of the commission in their respective cases and warn them to prepare for the execution. He will see that the prisoners are throughly guarded so as to prevent the possibly of escape. Any one attemptig to escape will be instantly shot down.

The ramanding to prison in the cases of James H. Benedict, Thomas Benedict, James W. Rumans, Ransom Batterdon, James P. Tuggle, George H. F. Jones, James R. J. Jones, John S. Mitchell, Austil Crisman and John Powell to be held as prisoners subjec to the orders of