War of the Rebellion: Serial 114 Page 0407 EARLY EVENTS IN MISSOURI, ETC.

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John W. Owen, the accused, also present.

The judge-advocate, having read the order convening the court asked the accused John W. Owen, if he had any objection to any member named therein; to which he replied, "I have not". The commission was then duly sworn by the judge-advocate and the judge-advocate was duly sworn by the presiding officer of the commission in the presence of the accused.

The accused, John W. Owen, here begged the privilege of introducing Walter L. Lovelace, esq., as his counsel which was granted by the commission.

The charges were then read around by the judge-advocate, as follows:

CHARGE 1: Destroying railroad and railroad property.

Specification. - In this, that the said John W. Owen on or about the 20th day of December, 1861, in the counties of Montgomery and Audrain in the State of Missouri, and within the lines occupied by the troops of the United States did unlawfully, wilfully and maliciously tear up, burn and destroy the rails, railroad track, ties, bridges, depots and other buildings of the North Missouri Railroad Company (so called) contrary to the laws and customos of war in like cases.

CHARGE 2: Destroying telegraph lines.

Specification. - In this, that the said John W. Owen on or about the 20th day of December, 1861, in the counties of Aurdin and Montgomery in the State of Missouri and within the line occupied by the troops of the United States did unlawfully, wilfully and maliciously cut down and destroy the telegraph ples and wires of the U. S. military telegraph along the line of the North Missouri Railroad in the said counties of Montgomery and Audrin contrary to the laws and customs of war in like cases.

CHARGE 3: Aiding and abetting in the destruction of railroads.

Specification. - In this, that the said John W. Owen on or about the 20th day of December, 1861, in the counties of Aurdin and Montgomery in the State of Missouri and within the lines occupied by the troops of the United States did wilfully, unlawfully and maliciously meet with certain unlawful and armed bands and advised and counseled the destruction of the North Missouri Railroad track, ties, bridges, buildings and other property of the North Missouri Railroad Company, and did then and there in pursuance of such advice give aid and assistance to said persons in the destruction of said railroad contrary to the laws and cutoms of war in like cases.

CHARGE 4: Falsely assuming the character of a military offficer.

Specification. - In this, that the said John W. Owen on or about the 15th day of December, 1861, and for a long time thereafter in the counties of Aurdin and Montgomery in the State of Missouri and within the lines occupied by the troops of the United States did wilfully and falsely assume and adopt the character of a military officer and did then and there falsely represent and pretend that he was duly commissioned and quilfied to act as a captain in the belligerent forces at war with one United States, and then and there in such assumed character did commit and incite others to commit acts of hostility against the United States and the property of citizens thereof contrary to the laws and cutsoms of war in like cases.

M. ARMSTRONG,

Captain and Judge-Advocate.

The judge-avocate then asked the accused, John W. Owen: "You have heard the charges preferred against you; how say you, guilty or not guilty?" To which the accused, John W. Owen, pleaded as follows:

To specification, first charge, not guilty.

To first charge, not guilty.

To specification, second charge, not guilty.

To second charge, not guilty.

To specification, third charge, not guilty.

To third charge, not guilty.

To specification, fourth charge, not guilty.

To fourth charge, not guilty.