War of the Rebellion: Serial 115 Page 0853 SUSPECTED AND DISLOYAL PERSONS.

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it was a case in which the neck of the prisoner was in danger. Gilchrist was affected to tears and says he has never before realized his real condition. It is now only necessary to go before the grand jury with our witnesses for an indictment. In the meantime what shall be done with the prisoner? I am much afraid he will escape from the local authorities and when wanted will be non est

Yours, truly,

L. C. BAKER.

DEPARTMENT OF STATE, Washington, February 4, 1862.

GEORGE A. COFFEY, Esq.,

U. S. District Attorney, Philadelphia, Pa.

SIR: I have to acknowledge the receipt of your letter of the 1st instant relative to the case of William Gilchrist. In reply I am directed by the Secretary of State to say that if in your judgment a conviction is more certain on an indictment for the lesser crime than that of conspiracy to levy war against the Government of the United States he would advise a prosecution therefor. Mr. Felix Wyatt was engaged in the same proceedings with Gilchrist and I am directed to suggest to you the propriety of his indictment and prosecution for the same offense. He is at present confined at Fort Warren, Boston Harbor.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD,

Assistant Secretary.

OFFICE OF U. S. ATTORNEY,

Philadelphia, February 5, 1862.

F. W. SEWARD, Esq., Assistant Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 4th instant relative to the prosecution against Gilchrist. The view of the district judge in regard to his case is a very just one. He thint is not a man whom it would be safe or prudent to permit to go at liberty but that it would be extremely difficult upon technical grounds to convict him of high treason. The learned judge therefore said that if the defendant's counsel pressed the Government to trial upon the indictment for conspiracy in case that form of prosecution should be adopted he would be bound to give the United States an opportunity to send a bill to the grand jury for high treason. The probability is that I will send up a bill for conspiracy to levy war, and if we should be forced to try I will have an opportunity to present an indictment for the greater offense.

I am, very respectfully, your obedient servant,

GEO. A. COFFEY,

U. S. Attorney.

Per J. HUBLEY ASHTON,

Assistant.

PHILADELPHIA, February 21, 1862.

P. H. WATSON, Assistant Secretary of War:

William Gilchrist and F. Wyatt were to-day indicted by the U. S. grand jury for treason.

L. C. BAKER.