Specification 3.- In this, that John Y. Beall, a citizen of the insurgent State of Virginia, was found acting as a spy, in the State of new York, at or near Suspension Bridge, on or about the 16th day of September, 1864.
To which charges and specifications the accused pleaded not guilty.
Of the first specification, first charge, guilty.
Of the second specification, first charge, guilty.
Of the third specification, first charge, guilty.
Of the fourth specification, first charge, guilty.
Of the fifth specification, first charge, guilty.
Of the sixth specification, first charge, guilty.
Of the first charge, guilty.
Of the first specification, second charge, guilty.
Of the second specification, second charge, guilty.
Of the third specification, second charge, guilty, not guilty as to the day averred, but guilty of acting as a spy, at or near Suspension Bridge, in the State of New York, on or about December 16, 1864.
Of the second charge, guilty.
And the commission does therefore sentence him, the said John Y. Beall, to be hanged by the neck until dead, at such time and place as the general in command of the department may direct, two-thirds of the members concurring therein.
III. In reviewing the proceedings of the court, the circumstances on which the charges are founded, and the questions of law raised on the trial, the major-general commanding has given the most earnest and careful consideration to them all.
The testimony shows that the accused, while holding a commission from the authorities at Richmond as acting master in the Navy of the insurgent States, embarked at Sandwich, in Canada, on board the Philo Parsons, an unarmed steamer, while on one of her regular trips, carrying passengers and freight from Detroit, in the State of Michigan, to Sandusky, in the State of Ohio. The captain had been induced by Burley, one of the confederates of the accused, to land at Sandwich, which was not one of the regular stopping places of the steamer, for the purpose of receiving them. Here the accused and two others took passage. At Malden, another Canadian port, and one of the regular stopping places, about twenty-five more came on board. The accused was in citizen's dress, showing no insignia of his rank or profession, embarking as an ordinary passenger, and representing himself to be on a pleasure trip to Kelley's Island, in Lake Erie, with the jurisdiction of the State of Ohio.
After eight hours, he and his associates, arming themselves with revolvers and hand-axes, brought surreptitiously on board, rose on the crew, took possession of the steamer, threw overboard part of the freight, and robbed the clerk of the money in his charge - putting all on board under duress. Later in the evening he and his party took possession of another unarmed steamer (the Island Queen), scuttled her, and set her adrift on the lake. These transactions occurred within the jurisdiction of the State of Ohio on the 19th day of September, 1864.
On the 16th day of December, 1864, the accused was arrested, near the Suspension Bridge over the Niagara River, within the State of New York. The testimony shows that he and two officers of the Army of the insurgent States - Colonel Martin and Lieutenant Headley - with two other Confederates, had made an unsuccessful attempt, under the direction of the first named officer, tow throw the passenger train coming from the West to Buffalo off the railroad track, for the purpose of robbing the express company. It is further shown that this was the third attempt in which the accused was concerned to accom-