The accused, William Mathews, also prevent.
The statement of the accused was read by his counsel.
The proceedings in the case were then read over, and the statements of the parties being thus in the hands of the court the court was cleared for deliberation and after maturely considering the evidence adduced find the accused, William Mathews, 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.
And the court do therfore sentence the said William Mathews to be shot to death at such time and place as may be appointed by the commanding general.
The above is a full and correct record of the proceedings, finding and sentence of the military commission in the case of William Mathews.
SAMUEL A. HOLMES,
Lieutenant-Colonel and President of Commission.
Captain, Judge-Advocate and Recorder Military Commission.
Finding and sentence approved but mitigated to imprisonment during the war in military prison at Alton, III.
H. W. HALLECK,
Trial of James Howard, charged with destroying railroad and telegrph lines.
DANVILLE, MOTGOMERY COUNTY, MO.,
February 5, 1862.
Commission met pursuant to adjournment.
Presentg: Lieutenant Colonel Samuel A. Holmes, Tenth Missouri Volunteers; Captain Richard Y. Lanius, Eighty-first Ohio Volunteers; Captain A. C. Todd, Tenth Missouri Volunteers; Captain M. Armstrong, judge-advocate, Eighty-first Ohio.
The accused, James Howard, also present.
The judge-advocate having read the order convening the court asked the accused, James Howard, if he had any objection to any member therein named; to which he answered, "I have not".
The commission was then duly sowrn by the jude-advocate and the judge-advocate was duly sworn by the presiding officer of the court in the presence of the accused.
The accused by permission of the court introduced Walter L. Lovelace, esq., as his counsel.
The charges were then read aloud by the judge-advocate, as follows:
CHARGE 1: Destroying railroad and railroad property.
Specification. - In this, that the said James Howard on or about the 20th day of December, A. D. 1861, in the conty of Montgomery 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, the property of the North Missouri Railroad Company (so called) contrary to the laws and customs of war in like cases.