Daily national Republican., 1863-08-14
OFFICIAL NOTICES.
Orr cIAL. y
ORDERS IN THE c7sn OF cxsurtL

--rr~~, ssy~W
g. Before a Geusrs, ossrs.Marstai, which con.
vsnsd In the City Of washingtoa, D. G., Juiy -,
iss,, pursuant to Special ordsrs No. NJ, dstsd Nsr
Department, A1jufaat 0enssal's O(Bss, WasAins-
ton, July y. iss saa Of whieh yfssAswiss q Ne
detail for tie epast u y, isy ~ \,
Major csnssrtR. A nAsASosh, u.A. volnntssss,
Bsisadisr oss6vsl o. ~. neesl[ 3. ,. yoiustssrs
Brisadisr GssssaA .. " AtssissIss. .: {, vslun.
teers, ~ Icy Ha.rlA ~.
Brisadier General j. 2. HAssh, .. .. volunteers,
Brisadisr General s. A. Meredith, U. s. volunteers
was arraisned and tried ..
HAZEL B. CAsHELL, q citizen of the State OF
Maryland.
CHAnoE-" Giving intelligence 10 the enemy"
Specification Id, In this, that he Hasei B. Cdshe,
citizen Of the state Of Maryand, did give intelli.
gencs to body Of rebel cavalry, said cavalry be
ing enemies Of the United states. by Informing
them and by pointing out 10 then the direction
and route which large lot Of cattle belonging to
the United States had, on the 18th day Of June,
isss, been driven to escape and avoid being cap
tursd by said body Of rebel cavalry. This st Mont
gomsry county, in the state Of Maryland on or
about the ssth day Of June, isss."
speet6eaiion 3D. In this, that he, the said HassI
B. Cashs, after giving said rebel cavalry referred
to 10 the first specification the information therein
stated did, at the same time, also further inform
said rebel cavalry that said large lot Of cattle were
without the protection Of guard. This in Mont
gomcry county, Maryland, on or about the 2sth day
Of June, 1881" ..E ..T no..
To which charge and specifications the accused,
Hdsei b. casAea, . citizen OF the State Of Mary.
land, pleaded "not guilty" -
FINDING.
The court having matureiy considered the evi.
dence adduced, finds the accused. Hazel B. CashelI,
citizen Of the State Of Maryland, - follows:
Of the hrst specification, "Guiity."
OF the second specification, " Guilty"
OF the charge, Guilty"
SENTENCE.
,"The court nnds that although the accused an.
swered certain questions put by rebels, which, In
strict literal sense, conveyed intelligenoe to the
enemy, it has not appeared in evidence that the
information was volunteered, nor does the court
perceive that such intelligence was given with
that criminal design which the law contemplates
~ the animus Of breach Of the 67th article Of
war, and the court therefore afixes no penalty to
the offense beyond an admon.tion that In the fu-
ture he will be more on his guard In answering
inquiries addressed to him by an enemy.
"And It 10 further directed that the finding and
judgment Of the court In this case be published In
three OF the newspapers published In the city Of
Washington"
WAR DEPARTMENT, July %, 1862
ii. The findings ofthe court upon the charge and
specifcations are approved. The sentence" ;" as
IT 10 termed, is disapproved The charge and spec ec.
fsstion of which the accused was found guilty ne.
ccsssrily imported ciiminalty under the 67th art.
Gle OF war, and the declaration Of the court that
at has not appeared In evidence that the informa.
ton was volunteered, nor does the court perceive
that such intelligence given with that criminal
design which the law contemplates a. the animus
OF breach Of the k7th article OF Wal" was unwal
rsnted by the law and the testimony.
1t appears from the evidence in the record that
the accused had At pasture on his farm, In Mont
gomery county, Maryland, some i've hundred head
OF cattle, which, with some hve hundred Others all
the property Of the Upited states, were driven
away on tke morning Of the ss.h Of June for their
protectioI from the rebel cavalry, then approach
Ing. The rebels, riding up soon thereafter, de-
manded in the presence OF several persons, inciu.
ding witness tThomss RAbbitt) and the accused,
In what direction the cattle had gone. Rabbit,
practicing ruse which war justifes, pointed them
In . direction opposite the true one. One Of them
returned, however, In q few minutes from the pur.
suit, and repeated the demand, whom the accused
unhesitatingly INDICATED TO him the road which
the cattle hsd taken, and, in addition, stated their
| number, and that they were without any guard ex.
cept the herdsmen ordinarily attending them-s
The information thus communicated was most i'm
portant to the enemy, and 1t was gwen volun-
tarily without threat or persuasion, or the exsr-
else OF any undue influence whatever. When to
this prompt and complete disclosure made to the
enemy is added the disloyal reputation and sym.
pahies Of the accused, ss proved by the evidence,
no Doubt can We entertained as to the animus Of
bis sonduot.
1t sutheiently appears that the accused was ex-
pecting the arrival Of the rebels and In referring
10 their coming, said there was two persons In
notwithstanding the United States Provost Mar
shsl and the Postmaster, "who ought to be, and
he guessed they would be, captured" His guilt,
under the 67th article Of war was fully established
by the testimony, and that guilt was aggravated
by the trust which had been rspossd In him by the
Government, aad which was 80 shamefully and
dislpyaliy hetra. cd. Yet the Judgment" ofthe
court was that there was present. In the action OF
the accused, no such "cri0inal designs - the law
contemplates as . breach Of the 6Th article Of
war;" and therefore the court contents itself with
adinonishng him that "in future he shall be more
on his guard in answering inquiries addressed to
him by enemy" and this 10 the penalty provided
for an offence which, under the Articles Of War; 10
punishabls with death. For such action by mill
tsrJ court, In presence Of such fagrant crime,
there 10 believed to be no precedent.
The court also directs that their Judgment"
shall be published In three OF the newspapers Of
the city Of Warrington. This publlcstion will not
be sanctioned, since 1t would be IN eeot deolara.
tion to all di,loyal E.en that they may, at will,
coniyEuB,:sto Intelligence to the public enemy
without tear Of any other penalty than the gentle
suggestion OF a court-martial that they should be
on their guard when doing SO. Although the &C.
cused has been relieved Of all responsibility Under
the 67h article OF war, he 10 still liable 70 he prose-
cu'ed under the second section OF the act to sup
press iniu.FeStton, kc, , approved i7th OF July,
Issl, for giving aid and comfort 10 the rebellion;
and that the prosecution for this otfense may be
proceeded WITH he will be handed over to the civil
authorities.
It Is ordered that this court be at opee d,sspved
and that Anbther court martial We organized for
the trial OF the gasss Rsw pending.
Vis further ordered that this review 10 publish.
ed IN the Afmy and Navy Gazette, A. al expres-
sion af the strong dlsapprovsl with which the ac-
ton OF this court 10 REGARDED by the Department.
EDWARD NJ, STANTON,
. Secretary Of War.
III. The General Court Martial, Of which Major
General 4. A. Hitchcock, U. s. volunteers 10 Pres
ident, is hereby dissolved.
BY order Of the Sss'etsiy or War.
+. D. townsend,
.uis-it Assistant AdjutAnt General.
n + F c A l.
" sSrTrs.