Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-15
Q r p ICIAL.
ORDERS in the Case Of Cashe,l.

:" .
once, Washington, July II, 1863, and Of which
the following d the detail for the court: 80
Major General s. A. Hitchcock, U. 8. Vols,
Brisadier General ]. J. Abercrombie, U S.vols.,
Brigadier General J. P. Hatch. U. s. Vols,
Brigadier General s. A. MEREDITH, U. S. Vols,
was alraigned and tried:
HAZEL B. CAsHELL, citizen OF the State of
Maryland.
CHAReE.-"G Giving intelligence to the en-
envy"
CasheN, citizen OF the State Of Maryland, did
give intelligence to body Of rebel cavalry,
said cavalry being enemies OF the United States,
BY as@ aaa BY RSnns out to them
cattle belonging to the United States had, on
the 2Sth day OF JuEe, 1868, been driven to es-
cape and avoid being captured by said body Of
the State of Maryland, on or about the 18th day
| Of June, 1862"
SPECIFICATION Cd. sin this, that he. the said
referred to in the arst Specification the inform.
alton therein stated, did, at the same time, also
| further inform said rebel cavalry that said
| large Lotto cattle were without the protection
ryland, on or about the 18th day Of June, 1855"
To which charge and specifications the ac-
| cused, Hazel b. CASHIER, citizen of the State
| of Maryland, pleaded "not guilty"
| FINDING.
| The court, having maturely considered the
| evidence ddduced, finds the accused, Hazel B.
| Cashell, a citizen Of the State OF Maryland, as
| follows:
or the first specification, equity"
OF the second specification, &c utility"
OF the charge, Guilty"
| SENTENCE
1.-THE court finds that although the accused
answered certain questions put by rebels,
which, in strict literal sense con veyed intelli-
gence to the enemy, it has not appeared in evil
nor does the court perceive that such intelli-
gence was given with that criminal design
which the law contemplates as the animus Of
| breach Of the 57th article Of war; and the
court therefore aft1xes no penalty to the ofense
beyond an admenition that in the future he will
| be more on his guard in answering inquiries
addressed to him by an enemy.
iiAnd it is further directed that the finding
and Judgment of the court in this case be pub
lished in three of the newspapers published in
the city OF Washington
WAR DEPARTMENT, July 29, 1869.
II. The findings of the court upon the charge
and specifications are approved. The "sen.
tence,' as it is termed, is disapproved. The
charge and specification OF which the accused
was found guilty necessarily imported crmi-
nallty under the 51th article OF war, and the
declaration of the court that sit has not ap-
peaTed in evidence that the information was
volunteered, nor does the court perceive that
such intelligence was given with that criminal
daslgn which thu law contempIates the ami.
mus OF a breach of the>57th article of war;
was nawarrantec b. the law and the testi-
mony.
1t appears from the evidence in the record
that the accused had at pasture ON his farm, in
montgomery county, Maryland, some five
hundred head OF cattle, which, with some five
hundred others, all the property OF the United
States. were driven away on the morning of
the esth of June for their protection from the
rebel cavalry, then approaching. The rebels,
riding up soon thereafter, demanded, in the
presence of several persons, including witness
(Thomas Rabbitt) and the accused, in what
direction the cattle had gone. Rabbit, prac.
ticing a ruse which war lnstifes, pointed them
ODnOSttp cP
them returned, however, in q few minutes
f1om the pursuit, and repeated the demand,
when the accused unhesita.ingly indicated to
him the road which the cattle had taken, aud,
IN addition, stated their number, and that they
were without any guard except the herdsmen
ordinarily attending them-a statement which
ton thus communicated was most important
TO the enemy, and 1t was given Voluntarily
without threat or persuasion, or the exercise of
any undue influence whatever. When to this
prompt and complete disclosure made to the
enemy Is added the disloyal reputation and
sympathies of tie accused, as proved by the
evidence, no Goubt can be ntartained as TO til
animus OF his conduct.
1t sufficiently appears that the accused was
expecting Aearrivai of the rebeis, and. in refer
sons in e1nsming the Wais St psrs
Provost MARSHAL and the Postmaster, "who
ought 70 be, and ne guessed they would be,
captured. HIS guilt under the 9TH article of
war, was July established by the testimony,
and that guilt was aggravated by the trust
which had been reposed in him by the Govern.
ment, and which was SO shamefuily and dis
loyalty betrayed. Yet the "ludgment'' of the
court was that there was present, in the &C ton
OF the accuse d, no such criminal designs as the
law contemplates as a breach of the 57th article
OF war;; And therefore the court contents itself
with adm ishing him that sin future he shall
be more on his guard in answering inquiries
addressed TO him by an enemy" and this is the
penalty provided for an offense which, under
the Articles OF War, is punishable with death.
Fer such action by military court, in presence
OF such fiagraAt crime, there is believed to be
no precedent.
The court also directs that their "judgment"
shall be published in three of the ne spapers of
the city OF Washington. This publicat ION will
not be sanctioned, since il would b. in effect a
declaration to all disloyal men that they may,
at VIII, communicat ate intelligence TO the public
enemy without fear Of any other penalty than
the gentle suggestion Of q court.martial that
they should be on their guard when doing So
Although the accused has been relieved OF a II re-
sponsibility under the 57th article OF war, he is
sun liable 10 be prosecuted under the second
section OF the act to suppress Instruction, &c,
approved 18th Of July, 1862, for giving aid and
comfort to the rebellion and that the prosecu.
ton for this ofense may be proceeded with, he
will be handed over to the civil authorities.
Its ordered that this court be at once dis
solved, and that another court martial be or
ganized for the trial of the cases now pending
II is further ordered that this review be pub
llshed In the Army and Navy Gazette, as an
expression OF the strong dlsapproyal with
which the action of this court is regarded by
the Department,
EDWIN NJ. STANTON, Secretary of War.
III. The General Court Martial of which
Major General f. A. Hitchcock, U. S. volun.
teers, Is President, is hereby dissolved.
By order OF the Secretary of War:
Il. u. TOWNSEND,
Assistant Adjutant General.
War Department., Adjatant Generals ONcc,l
Washington, Aug. 10, 1863.
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