War of the Rebellion: Serial 114 Page 0503 EARLY EVENTS IN MISSOURI, ETC.

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[First indorsement.]

Respectfully referred to the President with a recommendation that this petition may be granted. I am sure that in this case the exercise of clemency will avail more than the severest punishment.

Respectfully,

FRANK P. BLAIR, JR.

[Second indorsement.]

EXECUTIVE MANSION, October 25, 1862.

Respectfully referred by the President to the Judge-Advocate-General.

JNO G. NICOLAY.

GENERAL ORDERS,

HDQRS. DEPT. OF THE MISSISSIPPI, Numbers 37.

Corinth, Miss., June 23, 1862.

* * * * * * *

II. At a military commission which convened at Saint Louis, Mo., pursuat to Special Orders, Numbers 117, of May 2, 1862, from the headquarters Saint Louis District, and of which Colonel Lewis Merrill, Regiment Merrill's Horse, is president, were arraigned and tried:

Absalom Hicks.

CHARGE: Violation of the laws of war.

Specification 1. - In this, that Absalon Hicks, a citizens of Boone County, Mo., taking advantage of the unsettled state of the country with others unknown and within the lines of the forces of the United States did burn and destroy and aid in burning and destroying certain railroad bridges, ties, rails and other valuable property belonging to and owned by the North Missouri Railroad Company, which said bridges, ties, rails and other property were necessary to the use of said company in the transaction of their ordinary and legitimate business. This at or near Sturgeon, Boone County, Mo., on or abot the 15th day of June, 1861.

Specification 2. -In this, that Absalon Hicks, a citizen of Boone County, Mo., taking advantage of the unsettled state of the county with others unknown and within the lines of the forces of the United States did turn and destroy and did aid in burning and destroying certain railroad bridges, ties, rails and other valuable property belonging to and owned by the North Missouri Railroad Company, which said bridges, ties, rails and other property were necessary to the use of said company in the transaction of their ordinary and legitimate business. This at or near Boone County, Mo., on or about the-day of---, 186-.

Specifacion 3-In this, at Absalon Hicks, a citizen of Boone County, Mo., taking advantage of the unsettled state of the county with others unknown and within the lines of the forces of the United States did burn and destroy and aid in burning and destroying certain railroad bridges, ties, rails and other valuable property belonging to and owned by the North Missoursi Railroad Company, which said bridges, ties, rails and other property were necessary for the use of said company in the transaction of their ordinary and legitimate business. This at or near Sturgeon, Boone County, Mo., on or about the 20th day of December, 1861.

The accused pleaded guilty to the first specification; not quilty to the second and third specification, and to the charge not quilty.

The commission finds the accused as follows:

On the first specification, quilty, expect the words "taking advantage of the unsettled state of the county," and the words "within the lines of the forces of the United States. "

Of the second specification, not quilty.

Of the third specification, not quilty.

Of the charge, not quilty, but quilty of being in arms against the Government of the United States, and does therefore recommend that he, Absalom Hicks, be held in ocnfinement as a prisoner of war.

Finding and recommendation approved. The prisoners will be held as a prisorner of war until further orders.

J. M. SCHOFIELD,

Brigadier-General, Commanding Saint Louis District.