The case is here submitted to the court. The proceedings were read over and the statements of the parties being thus in possession of the commission the court was cleared for deliberation and having maturely considered the evidence adduced find the accused, John W. Owen, as follows:
Of specification, charge 1, guilty.
Of charge 1, guilty.
Of specification, charge 2, guilty.
Of charge 2, guilty.
Of specification, charge 3, guilty.
Of charge 3, guilty.
Of specifiction, charge 4, guilty.
Of charge 4, guilty.
The commission do threofe sentence the said John W. Owen to be shot to death at such time and place as the commanding general shall appoint.
The above is a true and complete record of the proceedings, finding and sentence of the military commission in the case of John W. Owen.
SAMUEL A. HOLMES,
Lieutenant-Colonel and President of Commission.
Captain, Judge-Advance and Recorder Military Commission.
The sentence awarded will be carried into effect at a time and place to be hereafter designed by the general commanding the department. In the meantime the prisoner will be kept in close confinement in the military prison at Alton.
H. W. HALLECK,
STATE OF MISSOURI, COUNTY OF MONTGOMERY:
John W. Owen says upon oath that he cannot safety proceed to trial for want of material evidence; that he can prove by Northon who is an officer in Price's army that an order was regularly sent to this department by this superior officer requiring him to destroy a certain portion of the North Missouri Railroad; that he can [prove] the same thing by [Lieutenant] Jamison who is also an officer in Price's army; that he believes said facts to be material to the issue and that he cannot prove them by any witness now present, and he believes if a reasonable time is allowed he can procure the attendance of said witnesses. He further states that he can prove by Major Henry Hescock, of the U. S. Army, that after the arrest of defendant and before he made any confession that Major Hescock in whose charge he then was told defendant that he ought to make a clean breast of it and tell everything and it would be better for him; that he would be better treated and fare better in every way; and under the influnce of said promises his confessions were made; that he believes the evidence of Major Hescock can be procured in a resaonabe time.
JOHN W. OWEN.
Subscribed and sworn to before me this 29th day of January,, 1862.
SAMUEL A. HOLMES,
President of Military Commission.