Delaware State journal and statesman., 1863-08-11

dr,d others, all the property OF the uhited
states, were driven away on the morning Of the
~ th Of June for their prott ution from the Rebel
cavalry, then approaching
The Rebels, riding up soon thereafter, de-
mantei in the presence Of several persons, in
GLIDING witness, Thomas Rabbit and tue ac-
ru-ed, in what direction the cattle had gone. -
Rabbit practicing rdse which war justhcs,
pointed them in a direction opposite the true
Que.
One Of them returned, however, in a few
minutes from the pursuit, aud repeated the de-
niaud when the ACCUSED unhesitatiRgly indicated
to him thu road which the cattle had TAKEN aud
in addition, stated their number, and TINT they
were without any guard except herdsmeu ordi-
uarily Attending them. a statement which could
haze had bat one object
The information thus communicated was not
important 10 the enemy, and il was given yolun-
tariiy, without threat or persuasion, or the exer-
else of any undue influence whatever. When to
this prompt and compete disclosure made to the
enemy is added the disloyal reputation and sym
iathles Of the accused. rs proved by the evi-
dencp, no doubt can be entertained as 10 the
nnluus Of his conduct
II sufficiently appears that the accused $
expecting the arrival Of the Rebels, aud 10 refer
ring 10 their coming, sail there were two persons
IN Rockville naming tue United States Provost
Marshal and Postmaster, who ought to be and he
guessed they would be captured.
His guilt under the 9th Ariile of War was
fully established by the testimony, aul that guilt
was aggravated by the trust which bad been re.
posed In him by the Government, and which was
80 shamsfuly aud dsloyalty betrayed. Yet the
Judgment OF the court was that there was pre-
seat Ia the action OF the accused no such crim-
nal design a. the law cnntemplates as breach
Of tie 9th Article Of War md therefore the
court contents itself with admouishing him that
in failure he shall be more on Lis guard in answer
ing inquiries ADDRESSED to him by au enemy, and
this is the penalty provided for offence, which,
under the articles Of war is punishable with
death
For su h action by Military Court, in pre-.
senee If such tagtant crime, there is believed to
be TO preueden'. Toe Court also directs that
their judi ment shall he published in three of
the newspapers Of the city OF Washington
This publication will not be sanctioned since
it would be in eject declaration to all disloya
men that they may ut will communicate incl
ligenee 10 the public enemy without fear of any
other penalty than the gentle suggestion Of n
Court Martial that they should he on their
guard wren doing go
Although the accused has been relieved Of all
responsibility under the 57th Article Of War he
is sill liable 10 be prosecuted under the n sec
ton OF the act to Suppress Insuuectiou, &c +;
approved July IL, 1862, for giving aid and com
fuit to the rebellion. and that the prosecution
for thi. offence may be proceeded with, he will
be handed yer to the civil authorities
1t /, orlarei that this court be at once dis
solved, and that another court martial no or
gained Toy the liial Of the cases now pending.
1t further ordered that this review be pub.
listed IA tie Army and Navy Gazette, as an ex-
preston Of the s,roug dIsapproyll with which the
aetiun of he Court is regarded.
EDWIN NJ. STANTON.
Secretary Of wbr.
The Gcmrral Court Martial Of which Major
General 4. Hitchcock, United States Voun.
teeis, President is hereby dissolved
BY order OF lhe Secretary of War.
T. y. TOWNSEND,
Assistant Aujliaut General.