, 1863-08-08
4 VERY YENDETI-XIEtAEs
COUAsT.3xAl
War Department Opinion.

lF1om the n. Y. Tribuue1 -;~
WASHINGTON .augslst 4, 1868.
TIE CASE OF HAZEL c. cAsHEI..
In the case Of Hazel B. Cashel, a wealthy
citizen Of Maryland, tried by court martial
for furnishing Intelligence to the eue1ny. the
following important decision aud opinion bus
been given by the Secretary Of War; The
court WAS composed of Major General E.: A.
Hltchcock, President; Brig. Gen. q, Y.
Morrell, Big. Gen. J. J. Abetcr6mbie, Big
Gen. j. I. Hatch, Brig. Gen. 8. A. Meredith
The finding and sentence Of the court WAS Us
follows:
The Court having maturely considered the ey1-
ceaGs aaancsd ~ a. ands te accused Hazel 2: Cashel,
g TIC dEst specification, guilty: !
q TIE second specification, guilty.
The court fiiids ht that although the accused au-
s'Ee1ed Gs1ta!n questions put by rebels which, in
strict literal eense, conveyed Intelligence to the
enemy 1t has not sppcered In evidence that the in-
formation was volunteered, nor does the Court
perceive that such intelligence was given with that
criminal design which the law eontemp}ates Us tho
anlmus Of breach Of tie a7th article Of war; aud
fcnse bcJord an admontttoa that In future be will
bo mote on his guard in answering questions ad-
,sste 70 y an and i Is hs d.
in this case be published III three Of the papers
published in the city Of Washington.
Upon this finding and sentence the Secreta.
r. Of var Expresses his opinion thus:
WAE DEPARTMENT., July q, 1863.
The findings of the Court .upo1 the charge and
specifications are approTed:-The sentence, as tt
esons %1S snas nad
NECESSARILY imputed crinafbality under the 57th af-
tc1c Of war, ard the declaration Of tho Court thAt
It bus not appeared In evidence that the fnforma-
ton was yoluhtet red, nor does the CoIrt perceive
that such Intelligence WAS given with thar crimi-
ual design which the law contemplates as the AMI
mus Of b. een @ i, Of the 57,h article Of vaz, was
It appears ttom tile evidence In the record that
the ACCUSED had at pasture on his farm in Mont
Eomsry y;as so;nssty A. soms tre hundred hsad e
the property Of the United st.tes, were driven
away On the Iuo'ning Of nth June. for their pro-
lection ftom t1e rebsl cavalry, then approaching.
in the presence Of sevesal persons, including wit
ness Thomas Rabbit and lhe ACCUSED, in y lat d.
Iss1on ,,s ths sasts aa gone Rabbit psactcing
tton opposite to the trle one.
ore Of them 1etuEaHd. however, IN 3 few minutes
road which the cattle haa t.tea add. in additton,
any guard except the hesdamen ordinarily attend.
tng them, statement which could have had but
The information thus communicated was most
important to the enemy, and 1t YVES given Solunta-
rty, without thteat or persuasion, OF the exercise
prompt and complete disclosure made to the enc.
nr Is added the disloyal reputation and sympathies
9t ne aecneed, q proved By tho evidence, no
cuuluct,
It sufficiently appears that the accused was cz-.
pcctins the arrival q the rebels aud in referring
TO their coming, said there were two ptrsone IN
Rockville, naming the United States Provost Mar.
shal and Postmaster, who ought to be aud he
gu esacd they would be captured.
For such action by military coutt, In prcs-
encc Of such dagrant criue there ia btlioyed 10 be
70 precedent. The court also directs that their
jna: ment shall be published y thee of the nows-
This publication will not be sanctioned, since 1t
Monl1 be in effect declaration to all Jisloyal men
that they may at will com uunicass inteIligencato to
than the gentla suggestion Of court martial that
they should be ntleir guard when doing so.
His gnilt, under the 57ta article Of Var, was
was aggravated by tho trust which had beea 1. re.
posed in him by the Gorefhmeot, and which was
50 shamefnlly and disloyally betrayed. Yet the
in the action Of the ACCUSED 10 such criminal de-
sign as the law eontemplates as breach OF the
18th article Of var, aud therefore the Court con.
tents Itself with adnonishing him that, In future
he shall be mo:e on his guard In answering inqui-
penalty provided for al odsnse Which, under the
: Although the aecused has been relieved ofall re-
eponsibillty under the 9th Article OF War, ho is
stt liable to beprosecuted under the I'd Section Of
he Act to Suppress Insnrrcctson, &C., approved
JnIy Il, 1852 for giving aid aud comfort to the
bell1on, and that the prosecution for trts oIense
NAV 2 be p1oceeded with, he will be handed oser to
and that another coust-Ma1tial be organized for
nH 81 ne eases pGw fSglp pebdps ;a
ed in .1he Aa.nyds Nary Gazette, as an express
sion Of the strong ditapproya1 with which the &C.
~ EDWIN M. sTASrcN,
- The general e. 4. const;MaFtia'. y & Of which M.jor