military forces of the United States, and within the States of Ohio and Michigan, and did, then and there, secretly and covertly lurk, in the dress of a citizen, as a spy, and on or about the 12th day of January, 1865, did attempt to leave the said States of Ohio and Michigan, with the purpose and object of going to Richmond, Va., there to deliver dispatches and information from certain parties, whose names are unknown, hostile to the Government of the United States, to Jefferson Davis, President of the so-called Confederate States of America, but was arrested as a spy, on or about the 14th day of January, 1865, at or near Newark, within the said State of Ohio.
To which the accused pleaded as follows:
To the specification, guilty, except to the word "lurk" and the phrase "as a spy."
To the charge, not guilty.
FINDING AND SENTENCE.
The court, after mature deliberation on the evidence adduced, find the accused as follows:
Of the specification, guilty.
Of the charge, guilty,
Two-thirds of the members of the court concurring therein.
And the court do therefore sentence him, S. B. Davis, alias Willough by Cummings, to be hung by the until he is dead, at such time and place as the commanding general may direct, two-thirds of the members of the court concurring therein.
The proceedings, finding, and sentence in the foregoing case of S. B. Davis, alias Willough by Cummings, are approved and confirmed. He will be sent under proper guard by the commandant of post. Cincinnati, Ohio, and delivered into the custody of Colonel C. W. Hill, commanding at Johnsons's Island, who will see that the sentence in this case is duly executed at that place between the hours of 10 o'clock a. m. and 3 o'clock p. m. of Friday, the 17th day of February, A. D. 1865, and make due report thereof to the commanding general.
By command of Major - General Hooker:
C. H. POTTER,
Assistant Adjutant - General.
HEADQUARTERS FORT WARREN,
Boston Harbor, January 26, 1865.
Brigadier General H. W. WESSELLS,
Commissary - General of Prisoners, Washington, D. C.:
SIR: I have the honor to inclose herewith copy of a letter* received from the Honorable Secretary of the Navy, authorizing the release of the officers and crew of the steamer Florida upon the express condition that they should leave the United States within ten days after their liberation. But only two of them have availed themselves of this privilege, viz, S. G. Stone and G. D. Bryan, late lieutenant and master of the Florida, whose paroles are herewith transmitted.+ The remainder desire to await the sailing of the next European steamer before complying with the expressed condition.
Very respectfully, your obedient servant,
H. A. ALLEN,
Major, Second U. S. Army, Commanding Post.
OFFICE COMMISSARY - GENERAL OF PRISONERS,
Washington, D. C., January 26, 1865.
Brigadier General JAMES BARNES,
Commanding District of Saint Mary's, Point Lookout, Md.:
GENERAL: By direction of the Secretary of War you will at once commence the erection of three additional hospital buildings in the
* See Welles to Allen, January 17, p. 83.