Third. Howard certainly knows whether the prisoner was with the party that night and swears that he was not.
Fourth. All the testimony taken together fails to sustain the spesific charges made against the prisoner. The matter at least is open to reasonable doubt against the prisoner. The matter at least is open to reasonable doubt and this should save the accused.
Fifth. The previous good character of the defendant should be weighed in his behalf.
Sixth. The circumstances of the country require no forced convictions. These men in humble life, the victims of influential and wicked men, should be judge in much mercy. Hang the leaders but be liberal with their deluded followers.
Seventh. The prisoner has already suffered four months of imprisonment, is poor and has a dependent family. His punishment already suffered is equal to any offense the evidence at all tends to fix upon him.
Eighth. There is no danger of further trouble from him. He thinks he could give a bond for good behavior but is probably too poor to do so.
He abjures secession and is ready to swear allegiance to the United States.
The court having been then cleared after mature deliberation find the prisoner as follows:
Of the specification, guilty.
Of the charge, guilty.
And to therefore sentence him, the said J. H. Norris, to be shot to death at such time and place as the commanding general of the department may direct.
Colonel and President Military Commission.
ROBERT A. HOWARD,
Recorder Military Commission.
Finding and sentence approved.
J. M. SCHOFIELD,
Brigadier-General, Commanding saint Louis District.
Fiding and sentence confirmed. The sentence will be carried into effect at such time andplaceas may be hereafter designated by the general commanding the department. In the meantime the prisoner will be confined in the military prison at Alton, Ill.
H. W. HALLECK,
Trial of Joseph P. Hussey, accused of violating oath of allegiance.
SATURDAY, May 17, 1862 - 10 a. m.
Court met pursuant to adjournment, all the members present, and proceeded to the trial of Joseph P. Hussey, who being calledinto court and having heard the Special Order* read was asked if he had any objections to being tried by any of the members named in the above order, to which he replied in the negative. The court and judge-
* Special Order, Numbers 117, p. 483, convening and making detail for the commission.