New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-05
THE CASE OF HAZEL B. CASHEL.
a Very Tendsr-Hearted Court.Martial
IMPORTANT WAR.DEPARTMENT OPINION.
The Court.Martial Censured and Dissolved.
THE SIEGE OF CHARLESTON.
Special Dispatch to The N. Y. Tribune.

WARRINGTON Tuesday. Aug 1862
THE CASE OF HAZEL b. CASHEL.
In the case of Hazel B. Cashel, wealthy citizen
of Maryland, tried by court martial for furnishing
intelligence to the enemy, the following important
decision aud opinion has been given by the secre-
tsry of War; The court was composed Of Ma. Gen.
L. A. Hitchcock, President; Brig. Gen. q. W.
Morrell, Brig Gen. j. Abercrombie, Brig. Gen.
j. p Hatch, Brig. Gen. s A. Meredith. The dnd.
ing and sentence Of the court was as follows:
Tn. Court having masSrey sonsds5ed the evidence ID.
State of Msrylsns, as follows:
OF the first specification, guilty.
OF the second specification, guilty.
The tha, although tn. accused answered csn
questions by Rebels which, in strict literal sense con.
yoyed intelligence to the enemy has not appeared In evt
dence that tho Information volunteered, nor does the
criminal design which the law contempaes the suiml:
b. Court sas o penalty IL. oS.. beyond
scnonou that In future ne win be more on his guard Ia
answering ioques Addressed TO him BY enemy; and 1t 10
that the ndog and of the Court In
this psosned in three OF the papers published In TIE
city Of Washington.
Upon this finding and sentence the sentences OF
war expresses bis opinion thus:
WAR DEPARTMENT, July 49, 1851
The findings OF the Co1, upon the charge and specifications
are approved The sentence termed is dsapproved
The charge aud specid cations Of which the accused was
found guilty necessarily imputed crminay under the 9Th
Article OF War and the declaration Of the Court that has
appeared in evidence ths. the information volun.
eessd does the Court perceive ths. such intelligence
given with tina, criminal design which the Law contem'
plates snmu Of breach Of the 5th Article oil va"
ws. unwarranted by the law and the testimony.
sprc.r from the evidence in the record that the accused
had pasture farm in Montgomery County. Maryland
some eve hundred head OF cattle which, with i've hun
esd other. all the property Of the United States driven
AWAY on The morning 2Ch June for their protection from
/ she Rebel cavalry, then approaching
The Rebels, riding up threaten. demsuded In tho
presence OF sewers. persons including witnes, Thomu
Rabbit. the accused In what direction the cattle hSd
gone Rabbit. practicIDs which jushss pointed
them In q direction opposite to tue true one.
One Of them returned however In few minutes from the
pursuit. repeated the demand wLsa the accused unhssi
sny indicated hun the road which the cattle had sker.
and sddtion stated their number, and that they were
w,hou. any guard except the hsrdsmsn ordinarily attending
them statcnen, which could had bat object
Tn. information thus communicated no, inpor,,uto
hs enemy and given Voluntarily, without hrea: OF
psuson tn. exercise Of .uy undue influence whatever
when to ,h, prsnp: aud complete disclosure made to the
enemy added tn, diiOya reputation and sympa,he' Of the
accused proved BY the evidence doubt be enter
taiaed the anmus ef his conduct.
sufficiently appears that the accused expecting ths
arrival Of the Rebels and IN referring to ser eomns said
there persons In Rockville naming the United
State. Porma.,.r who Oagh, to be and
he guessed they would bs captured.
Iii. quilt under 57,h article Of fully established
by tho testimony and ;hs. gull, Hgraa,ed by the trust
which bad been repossd in him by the Government and
which wa .h.usay and disloyaliy betrayed Yet the
ud.men. Of the court that shsre was present
in tho action Of the accused such Grim.
insl design az tho law cou'emPa,es a, . breach
Of the 57h Article OF War; and therefore she Court contents
Itself with aimoni.hns him that in future he shall be more
his guard In answering inquiries adde''ed to him BY an
enemy and this the penalty provided for an eaeu'e which.
under ths Article. OF War is punishable Will death
Fog such action by Military Court. in presence Of such
aasran, crime there is believed to DO precedent The
Court direct. ma, ,heir uismsn. sh. be published
three Of tho newspaper OF the City Of Washington.
This publication viii not be sanctioned since would bs
in eiec, declaration to all dislOys that they q
viii communicate Intelligence to the public enemy without
fear Of any other penalty than the gentle suggestion Of
Court Natal tia. they shsild be their guard when
doing so.
Although the accused ha. been relieved Of al responsibility
under the 57ih Article OF War he 10 s liable to be prsss-
under the 20 of the Act t, Suppress n'urec
ton &c. approved July H. 1885,! for ssins aid ssd comfort
the Rebellion and that the prosecution iof tina osenss
may be oeeeded with he will 10 handed to tie civil
slhorsG
I ordered that this Cour. be a. dissolved snd that
another Cour,MA be organized Tor the ua4 q tue es
now pending.
/, further ordered ths, this review be pub'hsin In'
Army and Nary GaEss expression OF the s.ro1s die
approval with whch the action OF this Court Is ressisdey
this Department EDWIN NJ STANTON.
Secretary Of War
Tho General Cour,.ni,ri,i OF which Msjor-Geu Z. A
Hitchcock u. 5. Vols IL President 10 hereby dissolved
by order OF tho Secretary OF War.
ED TOWNSEND, Assistant Adu.an.-GenofsL
CHIEF OF ARTILLERY IN THE DEPARTMENT OF
THE SOUTH.
DEPARTMENT oV TIRE sourn' HkAperasrRss
THE FIELD, ,. C.. July 20, 1908 J
GESERAL ORDERS No. 63.-ln ADDITION 10 DIS
init. a, Chi.f OF staff Gel Turner A. ID. C., hereby
Chief OF Artillery In this Department. and viii DO
obo y-d and respected accordingly. go, u,
i.ry on Moui, and Folly issnd aud 10 report daily ats
o'clock A. u on tho condition OF the several batteries.
whether composed field siege artillery guns 10 posi'
Fy The namber o. complete rounds and parts Of rounds
OF ammunition ia each battery. A.,
second Tho condition OF the several batteries and the
number aud KIDD OF equipment required Ia each to compss
IN, OUTFIT lie will anticipate the wants Of his batteries ana
mako his reqnstion, several days In advance ,,o,p
Nv otdeT OF Brig den. GILLMoRE.
ASSISTANT CHIEF ENGINEER.
DEPARTMENT " rnr SOUTH MoERIs ',Lsp'
cxyrp,r Oanrn No. 6l-CoL T.. w. Serrell,
Volunteer Engineers appointed Assistant 70 toe
Chief Engineer. and viii be- obryed ana 'o'Pe'''u ~
iusly -. ,.,,,,. ATTY p,n.t be made
BY NJ ON the sans day. and for day fatigue duty
M on tho p iscd'a IN a''' Brig Cen GILMORE.
nrSppTrpS SUPPOSED TO BE DRAFTED MEN.
The several bands Of deserters who have oees
escorted to Washington attached to long chains are
no, drafted men as many on the way have supposed,