War of the Rebellion: Serial 121 Page 0928 PRISONERS OF WAR AND STATE, ETC.

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FINDINGS.

The commission, having maturely considered the evidence adduced, finds the accused, James W. Duncan, late of the so-called C. S. Army, as follows:

Charge I.

Of the specification, guilty, except the words "with malice aforethought."

Of the charge, not guilty, but "guilty of manslaughter, in violation of the laws of war.

Charge II.

Of the specification, not guilty.

Of the charge, not guilty.

Charge III.

Of the first specification, guilty.

Of the second specification, not guilty.

Of the third specification, not guilty.

Of the fourth specification, guilty, except the words "habitually seize and confine in the stocks at said prison or otherwise," and "not only in the daytime but often in the night;" and also the words, "and this merely in gratification of his personal resentments, or in order to intimidate and constrain the said prisoners so that he might the more easily rob or extort money or valueables from them or otherwise take advantage of them to his own profit."

Of the fifth specification, guilty, except the words "wrongfully, cruelly, and in violation of the laws of war;" "large;" also the word "clothing" (as first used); "cheese, and other supplis and provisions," inserting after the word coffee the word "and."

Of the charge, guilty.

SENTENCE.

And the commission does therefore sentence him, James W. Duncan, late of the so-called C. S. Army, to be confined at hard labor at such place as the commanding general may direct for the period of fifteen years.

II. The proceedings, findings, and sentence of the commission in the foregoing case of James W. Duncan, late of the so-called C. S. Army, were approved by the commanding general Department of Georgia and the record forwarded for the action of the [President of the] United States.

The proceedings, findings, and sentence are approved.

Fort Pulaski, Ga., is designated as the place of confinement to which the prisoner will be sent, in charge of a suitable guard, under the orders of the commanding general Department of the South, for the execution of his sentence.*

By order of the President of the United States:

W. A. NICHOLS,

Assistant Adjutant-General.

WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE,

June 8, 1866.

G. ST. LEGER GRENFEL, Fort Jefferson, Fla.:

SIR: Your application for remission of sentence, forwarded by General Hill to the Adjutant-General April 8, has been duly considered by the President in connection with the record of your trial, and I am instructed by him to inform you that it has been decided not to extend Executive clemency to your case.+

Very respectfully, your obedient servant,

J. HOLT,

Judge-Advocate-General.

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*It appears from the records of Fort Pulaski that Duncan escaped July 11, 1867.

+It appears from the records that Grenfel escaped from Fort Jefferson, Fla., March 7, 1868.

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