War of the Rebellion: Serial 114 Page 0438 PRISONERS OF WAR, ETC.

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CHARGE 2: Destroying telegrph lines.

Specification. - In this, that the said James Howard on or about the 20th day of December, A. D. 1861, in the country of Montgomery in the State of Missouri and within the lines occupied by the troops of the United States did unlawfully, wilfully and maliciusly cut down and destroy the telegraph wires and poles and officers of the U. S. military telegraph along the line of the North Missouri Railroad. All this in the county of Montgomery in the State of Missouri on or about the 20th day of December, 1861, contrary to the laws customs of war in like cases.

M. ARMSTRONG,

Captain, Judge-Advocate and Recorder Military Commission.

The judge-advocate then asked the accused, James Howard; "You have heard the charges preferred against you; how say you, guilty or not guilty?"

To which the said James Howard pleaded, as follows:

To specification to charge 1, guilty.

To charge 1, guilty.

To specificatin to charge 2, guilty.

To charge 2, guilty.

The court then proceeded to take the evidence in this case of BENTLY HAYS, who being produced, duly sworn an examined on the part of the United States says:

I know the prisoner James Howard. I have know him for six months las past. I saw the prisoner at the destroying of the railroad. He was there with the company. He was at Laile's pasture with us, and I think went past Wingfiled's and from Wingfield's to the road. After the road was destroyed the accused went away at Wellsville. The company tore up the road, cut down the telegraph poles and burned the depot at Wellsville. I do not know who burned the depot. James Howard was a member of Meyers' company. I think he joined George Havery at a dance. He lives in Callaway County. He lives in the same house I do. He lately married a sister of mine. I know that he never took up arms before. I am like myself is a poor man. He did not take any arms with when he went. He had no arms. I think he did not know what whey were going to do when he joined. He has lived in our neighborhood three months. He went home to his hosue after the work had been done on the railroad and afterward went up to the Mount Zion fight.

The prisoner here makes his written statement is herewith reutrned, marked Exhibit A.

The proceedings were read over and the statemetnt of the parties being then in possession of the court was cleared for deliberation and after having maturely considered the evidence adduced find the accused, James Howard, as folows:

Of specification, charge 1, guilty.

Of charge 1, guilty.

Of specification, charge 2, guilty.

Of charge 2, guilty.

And the commission do therefore sentence the said James Howard to be shot to death at such time andmmanding general may appoint.

The above is a true and complete record of the proceedings, finding and sentence of the military commission in the case of the United States vs. James Howard.

SAML. A. HOLMES,

Lieutenant-Colonel and President of Commission.

M. ARMSTRONG,

Captain, Judge-Advocate and Recorder Military Commission.