War of the Rebellion: Serial 121 Page 0958 PRISONERS OF WAR AND STATE, ETC.

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CHARGE II: Murder, in violation of the laws of war.

Specification 1.- In this, that John H. Gee, while being, or claiming to be, a major in the rebel military service, and as such being in command and charge of the prison established and used by the rebel Government or military authorities at Salisbury, N. C., for the confinement of prisoners of war, taken and held as such from the armies of the United States of America, and being in charge of a large number of such prisoners there assembled, to wit, the number of 10,000 or thereabouts, did - upon the occasion of a slight disturbance engaged in by a very small number of the said prisoners at said prison, and in which disturbance the prisoners other than said small number took no part, and which disturbance was caused by the sufferings of the said prisoners from starvation, for which the said Gee was responsible, and which disturbance the said Gee could have quelled and terminated by the arrest of the few principally concerned therein, and by the use of moderate force and the ordinary means of enforcing discipline which were at his command - wilfully, feloniously, recklessly, and in violation of the laws and usages of civilized warfare, order the entire prison guard to fire upon the mass of prisoners in the inclosure of said prison, indiscriminately, and did further order two pieces of artillery - one loaded with scrap iron and one loaded with round shot or shell, and one of said pieces being placed at the time within about ten yards of the tents of said prisoners - to be fired upon the mass of said prisoners, and in pursuance of said orders, maliciously and murderously given as aforesaid, the said guard did then and there fire upon said prisoners, whereby, and by means of which said firing, ten of said prisoners of war, in his charge, at such prison (whose names are unknown) who were sleeping or remaining in their tents at the time, were then and there killed, and a large number of others - the number and their names unknown - were wounded, and afterward died of their wounds, all, or nearly all, who were thus killed or who died from wounds thus received being in no wise engaged in said disturbance. This, at Salisbury, N. C., on or about the 25th day of November, 1864.

Specification 2.- In this, that the said John H. Gee, while being, or claiming to be, a major in the rebel military service, and as such being in command and charge of the prison established and used by the rebel Government or military authorities at Salisbury, N. C., for the confinement of prisoners of war, taken and held as such from the armies of the United States of America, and being in charge of a large number of such prisoners there assembled, feloniously, willfully, and of his malice aforethought, did, needlessly and without cause, order the guard at said prison to fire upon said prisoners therein confined, and in pursuance of said order, maliciously and murderously given as aforesaid, one of the said guard, whose name is unknown, did, with a musket loaded with gunpowder and bullet, then and there fire upon the said prisoners, inflicting upon Lieutenant John Davis, One hundred and fifty-fifth New York Infantry, one of the said prisoners confined in the said prison, a mortal wound with the musket aforesaid, of which he, the said Lieutenant Davis, died. This, at Salisbury, N. C., on or about the 16th day of October, 1864.

Specification 3.- In this, that the said John H. Gee, while being, or claiming to be, a major in the rebel military service, and as such being in command and charge of the prison established and used by the rebel Government or military authorities at Salisbury, N. C., for the confinement of prisoners of war, taken and held as such from the armies of the United States of America, and being in charge of a large number of such prisoners there assembled, feloniously, willfully, and of his malice aforethought, did, needlessly and without cause, order the guard at said prison to fire upon said prisoners therein confined, and in pursuance of said order, maliciously and murderously given, as aforesaid, one of the said guard, whose name is unknown, did, with a musket loaded with gunpowder and bullet, then and there fire upon the said prisoners, inflicting upon one of the said prisoners, whose name is unknown, a mortal wound with the musket aforesaid, of which he, the said prisoner, died. This, at Salisbury, N. C., on or about the 27th day of October, 1864.

Specification 4.- In this, that the said John H. Gee, while being, or claiming to be, a major in the rebel military service, and as such being in command and charge of the prison established and used by the rebel Government or military authorities at Salisbury, N. C., for the confinement of prisoners of war, taken and held as such from the armies of the United States of America, and being in charge of a large number of such prisoners there assembled, feloniously, willfully, and of his malice aforethought, did, needlessly and without cause, order the guard at said prison to fire upon said prisoners therein confined, and in pursuance of said order, maliciously and murderously given, as aforesaid, one of the said guard, whose name is unknown, did, with a musket loaded with gunpowder and bullet, then and there fire upon the said prisoners, inflicting upon one of the said prisoners, whose name is unknown, a mortal wound with the musket aforesaid, of which he, the said prisoner, died. This, at Salisbury, N. C., on or about the 30th day of November, 1864.

Specification 5.- In this, that the said John H. Gee, while being, or claiming to be, a major in the rebel military service, and as such being in command and charge of