War of the Rebellion: Serial 121 Page 0959 CORRESPONDENCE, ETC.-UNION AND CONFEDERATE.

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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 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 in unknown, a mortal wound with the musket aforesaid, of which he, the said prisoner, died. This, at Salisbury, N. C., on or about the 1st day of December, 1864.

Specification 6.- 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 the 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 Moses Smith, a colored soldier, one of the said prisoners confined in the said prison, a mortal wound with the musket aforesaid, of which he, the said Moses Smith, died. This, at Salisbury, N. C., on or about the 16th day of December, 1864.

Specification 7.- 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 the 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 prisoner, inflicting upon Frank Graham, an enlisted man of Company D, Sixth Ohio Infantry, one of the said prisoners confined in the said prison, a mortal wound with the musket aforesaid, of which he, the said Frank Graham, died. This, at Salisbury, N. C., on or about the 8th day of December, 1864.

To which charges and specifications the prisoner pleaded, not guilty.

FINDING.

The commission, having maturely considered the evidence adduced, does find to exist the following facts as set forth in the first specification of the first charge, to the exclusion of all words not quoted, to wit:

"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, to wit, the number of 10,000 or thereabouts, there assembled, and as such commandant in duty bound to treat and care and provide for such prisoners, and while the prisoners at said prison, and in his charge as such commandant, were in a condition of extreme want and suffering, as well as many of them ill and dying, by reason of the utter and continued insufficiency of the rations, clothing, shelter, and medical attendance, and of the cold and exposure to which they were constantly subjected, and of the small and narrow limits to which they were confined, did fail to provide or cause to be provided for the said prisoners, confined as aforesaid, and in his charge as such commandant at said prison, proper or sufficient rations, clothing, fuel, shelter, water, or hospital attendance; that by reason of such failure the said prisoners were never supplied with food either of a quality or quantity sufficient to preserve health or sustain life; also, that by reason thereof none of the said prisoners were supplied with sufficient water for culinary purposes, or even for satisfying thirst, or with wood, except in very small and inadequate quantities, and this though an ample supply of water and wood could have been obtained in the immediate neighborhood of said prison and transported to the same by the prisoners themselves; also, that by reason thereof no clothing was supplied to the said prisoners, many of them being left during the severity of winter without clothes, shoes, blankets, or other adequate or suitable covering for their persons and without straw or other suitable thing on which to lie; also,