Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-08-13

am very respectfully,
GIDEON WELLEs. Se,'y of the Navy
ORDERS IN THE CASE OF CAsaELL
WAR DEPARTMENT,
ADJUTANT GENERALS OFFICE,
Washington, July 80, 1862.
GENERAL ORDERS, No $50.
l. Before General Court Martial, which convened in
the city OF Washington ID. c., July 60 1862 pursuant to
Special Orders No BIG ID ted War dep .rtmeit Adjuant
Generals Office Washington July H. 1863, and Of which
the following is the detail for the courts
Major General E. A. Hitchcock, u. q. Volunteers;
Brgadier General G, w. Mor.n, U. s. vo unssers;
Bflgndier General j. Abercrombie, u 8. Volunteers;
Brgadier General J. p. Hatch, u. s. Volunteers;
Bread or Gene al $. A. Meredith, u s. Volunteers
was arragned and tried
HAZEL B. CAsHELL, citizen ofthe State Of MARYLAND
CHARGE-"Giyng intelligence to the enemy"
speeyeat.9n Isl La this thai he Hazel B. CasAel,
BODY OF rebel cavalry said cavalry being enemies of the
United States by informing them and by pointing ont to
them tbs direction and route which large lot Of cato
belonging TO the United States had the 18th day of
june 1868 been driven to escape and avoid being captur
ed by said body of rebel cavalry. This at Montgomery
county IN the State Of Maryland about the 2sh day
Specification I'd In this, that he the said Hazel B.
CasheH after giving said rebel cavalry referred to IN the
hrst specification the information therein stated did, at
the same tme also further inform said rebel cavalry that
sad large lot OF cattle were without the protection of
guard This in Montgomery county, Maryland on or about
the 2Sth day OF June, 1868"
10 which charge and specifications the accused Hazel
D. Casheh, citizen of the State Of Maryland pleaded
" not guilty" ~
The court having maturely considered the evidence ad
duced, fuds the d. Hazel B. Cashel citizen of the
State OF Maryland, IS follows:
or the first specification Guilty"
or the second specification, Guilty."
Of the charge, Guilty"
SENTENCE.
"The court finds that although the accused answered
certain questions put by rebels which in strict literal
sense conveyed intelligence the enemy it has not an
peared in evidence that the information was volunteered
nor DIES the court perceive that such intelligence was
given with that criminal design which the law
as the aumus of breach of The SD article of war; and
the court therefore axes penalty the offence beyond
an admontlon that the future he will be more on his
enemy
And it is further directed that the finding and iudp
ment OF the court in this be published in three of The
newspapers published in the city Of Washington"
WAR DEPARTMENT, July 90, 1863.
IL The findings OF the court upon the charge and spec
catons are approved. The SENTENCE as 1t is termed
is dsapproved The charge and specification of which
the accused was found guilty necessarily imported ormi
nay under the 9th article of war; and tho dec ,raon
OF the court that lit has appeared evidence that the
volunteered does the court perceive
that such intelligence was given with that criminal design
which the law conemplaes the animus of breach Of
the 9th article of war; by the law and
the testimony.
III appears from the evidence ia the record that the
at pasture his farm Montgomery county
Maryln6 some five hundred head OF cattle which with
some i've hundred Others all the property Of the United
states were driven away the morning of the 28h of
une for their protection from the rebel cavalry then an
proHchlng The rebels riding up soon thereafter de.
mandTd, in the presencs Of several persons ncuI,n
witness (Thomas Rabot and the accused in what dirsc
tion the title had gone Rabbit practcinp ru "a which
war jdshfes, pointed them n direction opposte H. ~
true one. One of them returned, however, In Csn
i from the pursuit and rep ated the Demand wbsn
.Se anhrsangy Indicated to bin the road -boh
the cattle had TAKEN and in addition stated thsr
and That they were without auy gusri except . nuos.'
men ordinarily attending then-s statam-- .no no,u
aau oat one ool ct The nforD ,t,on thu. oommu
hcateo was most important to tho nv "a - va oivan
voluntarily, without threat or p~ oy' auu y ma e.,u
81 any undue naaence whsb~ .r Wheo 20 mi. nromnt
I,sloysI routa,; made to the enemy is added the
proved bv r. 80 and sympsthies Of the accused, as
'ne abl-sss " ,s conduct
the Sntly appears that the accused expecting
al Of the rebels, and in referring to their coming
-" there we're two persons ia Rockvile-aamng the
United States Provost Marshal and the Posmaster-' who
ought to be- aud he guessed they would be- captured His
guilt under the 57h Article of War, fully established
BY the testimony a0d that guilt aggravated by the
trust which had been reposed in him by the Government
and which h4meuly and disloyay betrayed Yet
the Judgment" of hs that there was present.
in the action of the accused such criminal design as
the law c0niempates breach Of the 9Th Article Of
War; aud therefore the court cont tents itself with adj
moDishng him that in future no shall be more on his
addressed TO him by an
my" ami this is the penalty provided for of.nce
which, under the Articles OF War, punishable with death
For such action by military court, presence of such
nagrant crme there is believed to be no precedent.
The court also directs that their Judgment sha DO
published in three of the newspapers OF the city of Wash
ington This publication will be sanctioned, it
would be in effect declaration to all dsoyal that
they may, at will communicate intelligence to the public
enemy without fear of any other penalty than the gentle
suggestion of courtmsrta that they should be their
guard when doing Although the has been relieved
Of all responsibility Ter the 57th article of war; he s
still liable to be prosecuted under the section of the
act to suppress insurre,on &c, approved 18th july
1862 for gvug aid and comfort TO the ebeon and that
the prosecution for this offence may be procee led with he
will be handed over to the civil authorities
1t b ordered that this court be at once dssoved and
that another coumartia be organized for the trial of the
pending.
is further ordered that this review be published in the
Army and Navy Gazette expression of the strong
aapprspa win which the acton Of this ia regarded
BY the Department
EDWIN M STANTON, secy OF War
:, III. The General Court. Martial of which Major Gen.
r. A. Hitchcock, u s. Volunteers is Presidents is hereby
dissolved.
ny order of the Secretary of War
N rnxu a..