War of the Rebellion: Serial 119 Page 0708 PRISONERS OF WAR AND STATE, ETC.

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GENERAL ORDERS,

WAR DEPT., ADJT. GENERAL'S OFFICE, No. 397.

Washington, December 16, 1863.

I. Before a military commission, which convened at Fort McHenry, Md., October 14, 1863, pursuant to General Orders, No. 78, dated headquarters Second Brigade, Eighth Army Corps, Defenses of Baltimore, Fort McHenry, Md., October 12, 1863, and of which Colonel P. A. Porter, Eighth New York Volunteer Artillery, is president, were arraigned and tried -

1. Daniel Davis, now or late a lieutenant in the so-called Confederate Army.

CHARGE: Recruiting men within the lines of the U. S. forces for the so-called Confederate Army.

Specification. - In this, that Daniel Davis, now or late a lieutenant in the so-called Confederate Army, on or about the 18th day of April, 1863, was arrested within the lines of the U. S. forces, near Clarksburg, Harrison County, State of Virginia, engaged in recruiting men for the said so-called Confederate Army.

To which charge and specification the accused, Daniel Davis, now or late a lieutenant in the so-called Confederate Army, pleaded guilty.

FINDING.

The commission, having maturely considered the evidence adduced, finds the accused, Daniel Davis, now or late a lieutenant in the so-called Confederate Army, as follows:

Of the specification, guilty.

Of the charge, guilty.

SENTENCE.

And the commission does therefore sentence him, the said Daniel Davis, " to be confined at hard labor in Fort Warren, or such other prison as the Secretary of War may direct, for the term of fifteen years. "

2. Thomas D. Armesy, now or late a major in the so-called Confederate Army.

CHARGE: Recruiting men within the lines of the U. S. forces for the so-called Confederate Army.

Specification. - In this, that the said Thomas D. Armesey, now or late a major in the so-called Confederate Army, on or about the 18th day of April, A. D. 1863, was arrested within the lines of the U. S. Army, near Clarksburg, Harrison County, State of Virginia, acting under authority from the War Department of so-called Confederate States of America, conferred by an order of said Department bearing date "War Department, Adjutant and Inspector General's Office, Richmond, Va., February 3, 1863," empowering him, the said Armesey, to raise a battalion of volunteers within our lines for the army of the so-called Confederate States of America, and that the said Thomas D. Armesy was actually engaged at the time of his said arrest, and before that date, in recruiting men within the lines of the U. S. forces for said battalion of volunteers and for said so-called Confederate Army.

To which charge and specification the accused, Thomas D. Armesy, now or late a major in the so-called Confederate Army, pleaded "not guilty. "

FINDING.

The commission, having maturely considered the evidence adduced, finds the accused, Thomas D. Armesy, now or late a major in the so-called Confederate Army, as follows:

Of the specification, guilty.

Of the charge, guilty.