War of the Rebellion: Serial 114 Page 0472 PRISONERS OF WAR, ETC.

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GENERAL ORDERS,

HDQRS. DEPT. OF THE MISSISSIPPI, Numbers 15.

Saint Louis, April 3, 1862.

At the military commission which convened at Danville, Mo., pursuant to Special Orders, Numbers 28, of January 10, 1862, fromthe headquarters Department of the Missouri, and of which Lieutenant Colonel Samuel A. Holmes, Tenth Missouri Volunteers, is president, were arraigned and tried:

James Penn.

CHARGE 1: Destroying railroad and railroad property.

Specification. - In this, that the said James Penn on or about the 20th of December, 1861, at the town of Wellsville in the county of Montgomery in the State of Missouri and within the lines occupied by the forces of the United States did unlawfully, wilfully and maliciously tear up, burn and destroy the rails, railroad track, ties, bridges, depots and other buildings and property of the North Missouri Railroad Company (so called) contrary to the laws and custims of war in like cases.

CHARGE 2; Destrying telegraph lines.

Specification. - In this, that the said James Penn on or aboutthe 20th day of December, A. D. 1861, at the town of Wellsville in the county of Montgomery in the State of Missouri and within the lines occupied by the forces of the United States did unlawfully, wilfully and maliciously cut down and destroy the telegraph wires and poles and destroy the telegraph office at the town of Wellsville of the U. S. military telegraph along the line of rhe North Missouri Railroad. All this in and near the town of Wellsville in the county of Montgomery, State of Missouri, contrary to the lwas and customs of war in like cases.

To which charges and specifications the prisonerpleaded not guilty.

The commissionfinds the prisoner, JamesPenn, not guilty of the charges and specifications, and does therefore acuit him.

Finding and acquittal approved.

David H. Able.

CHARGE 1: Destroying railroad and railroad property.

Specification. - In this, that the said David H. Able on or about the 20th day of December, A. D. 1861, in the county 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, hurn and destroy the rails, railroad ties, track, bridges, depots and other property of the North Missouri Railroad Company (so called) contrary to the laws and suctoms of war in like cases.

CHARGE 2: Destroying telegraph lines.

Specification. - In this, that the said David . Able on or about the 20th day of December, A. D. 1861, at the town of Wellsvillein the county of Montgomery in the State of Missouri and within the lines occupied by the troops of the United States dis unlawfully, wilfully and maliciously cut down and destroy the telegraph poles and wires and burn and destroy the telegraph office at the town of Wellsville of the U. S. military telegraph along the line of the North Missouri Railroad in the said county of Montgomery and State of Missouri contrary to the lwas and customs of war in like cases.

To which charges and specifications the prisoner pleaded not guilty.

The commission finds the prisoner, David H. Able, not guilty of the charges and specifications and does therefore acquit him.

Fiding and acquital approved. The prisoner will be released from arrest.

Thomas Henly.

CHARGE: Violation of the laws and customs of war.

Specification. - In this, that the said Thomas Henlyon or about the 20th day of December, 1861, at the county of Montgomery in the State of Missouri and within the lines occupied by the lawfully authorized military forces of the United States did unlawfully and of his own wrong take up arms as an insurgent and commit acts of hostility against the said military forces, the said Thomas Henley not then and there being a soldier belonging to any lawfully authorized and organized military forces at war with the United States and without being then and there commanded by any competent civil or military authority, contrary to the laws and customs of war inlike cases.

To which charge and specification the prisoner pleaded not guilty.