The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-03-21

The Case OF Robert G. Kennedy, the Rebel
Spy and Incendinry.
THE FINDING OF THR MILITARY COMMIssION--HYs
CONVICTION AND SENTENCE TO BE HANGED ON
SATURDAY NEXT.
Our readers will all remember tho arrest Of Robert
Kennedy, charged with being rebel spy and attempting
to burn this city, which occurred In November last
Tho following arc the proceedings Of the military COM
mission in his cas-, in FULL oncially given with tho
sentence. The guilty man will expate his crime upon
tho gallows on Saturday, the 25th inst
GENERAL oRDERs-No "a
HEADQUARTERS, DEPARTMENT TIE Fast
Nhw YoRKCTY March 90 1865. (
l. Before q military commission, which convened at
Fort Lafayette New York harbor and at New York city,
by virtue OF Special Orders No. ID SERIES
these headquarters Of January H. 1905 and of which
Brgadier General Fitz Henry Warren United States Vol
unteers Is President was arragned and tried Robert G.
Kennedy.
cHARGR I-"AcTrNG A. spYn
Specification Fir tin this, that Robert Kennedy,
q captain in the military service OF the insurgent States
found acting spy in the city of New York. in the
State Of New York, on or about the LIST day of Novem-
Sp.cfcrion S'cond-sIn this that Robert C. Kennedy
ain In the military service Of the insurgent States
was found acting rs spy in the city of Detroit in the
State OF Michigan on or about tho Goth day Of Decem
Der, 1894"
CHARGE n-"vIcL ALTON or THE LAWS OF WAR;
tpcifcdfion.-'In this, that Robert G. Kennedy q
captain In tho military service Of the insurgcn States
undertook to carry ON irregular and unlawful warfare in
tho city and state of New York. and in tho execution Of
said undertaking attempted 70 burn and destroy said
city Of New York by setting fire thereto All this in
said city q New York. on or about tho 2'h day Of No
70 which charges and specifications the accused plead
OF specification first, charge t., 'Guilty."
OF specification second, charge l., Guilty"
OF charge l., sGuilty."
OF charge H., ''Guilty."
And thereupon tho Commission sentence him. said
Robert G. Kennedy captain in tho military service Of
the nsurgspi States 10 30 hanged by the neck until
Of the department may direct twothrds Of the men,
H. Tho Major General Commanding approves the pro-
ceedings finding and sentence OF the court is shown
That the accused has been an ofccr in the service
Of the nsurgcnt States since August, 1851.
q That he was In the city OF New York in disguise,
and under . false name, in the month Of November,
several weeks immediately preceding the attempt TO SGT
the city on Are.
That hs here fora purpose which he refused to
DISCLOSE and that he returned hastily by night to Canada
That tho stated in the presence Of several persons
that ho set Are to Barnums Museum and to OF the
s. That no was arrested at Detroit in disguise armed
With sayPS nnSs N :s lana, and with
On proof these facts no convicted Of acting as
spy and carrying irregular and Illegal warfare The
person who testified TO his confession Of having set are
barnum's Museum and Of the hotels in the lower
part 81 &c civ was not under duress or an accomplish
| was n reluctant witness, and could have had motive
70 make false statement He Is ooroe0rAtcd BY other
The attempt to set fire To the city OF New York is ono
the ..ocitcs OF the age There liz nothing In
ness Il was not attempt destroy the city but
10 fire TO crowded hotels and places Of public resort
order to secure the greatest possible destruction Of hui
man life. The evidence shows that Barnum's Museum
and ton hotels fired the evening Of the 25th Of
November the nres in most of them breaking out in
quick succession and indicating not only deliberate
tho inccndaries, but . cool calculation IN
alto many CONGREGATIONS at the time to baie
tSnf non vffvnag tn han
In all the buildings Ged, not only oncombstant men,
but and children were congregaed In great num-
bers, and nothing but the most diabocal spirit Of
venge could have mpellc the ncendaries 70 acts
voting.
Thu participation OF the accused in this inhuman enter
prise Is crime which follows him, and his liability 70
answer for is not TO be cast on by Withdrawing for
time from the Jurisdiction With II committed
He has not only been guilty Of carrying on irregular war
fare in violation Of the usages civilized States tho
conduct of war; but he has by ouragrg every principle
Of humanity incurred the highest penalty known to the
law
his return 10 the United States acain In Disguise with
name and pcrsonatng loyal citizen, while holding
commission In the service OF the insurgents thus fur
nshng the highest pri,nd facis evidence that he was
acting spy. No rcbutting evidence produced
the trial. although II continued twenty three days Of
which fifteen we're given to the accused. by adjourn
Two papers read part Of his address to tho
court pledge given to the transportation agent in
Canada TO return with oil due diligence TO the confcde
racy" and the other certificate made by him that no
citizen OF the State OF Louisiana, with request
that might DO provided with to 80 tho
concderay" Admitting their gcnuincncss they do not
rcpc the presumption raised by the circumstances attend
ing his arche disguise and the false preences with
which he found within lincs His flight TO
Canada was not q return within the lines Of his
army II he had found his way back 10 the nsurgcnt
States and had been subsequently captured in battle he
could have been convicted under the first specifca
OF the first charge But neither Of these facts exists
to terminate his liability TO conviction under
| that specification
Whatever question may exist a 10 the effect OF his
turn TO Canada after having urkcd as spy, charged
In the FIRST specification such question arise ~ to
his guilt aspy, charged In the second specification,
which sets forth offence entirely dist net from the
first, of which he has been cted on full proof
Tho Major General commanding considers his duty ~
clear in this In that 81 Beal Tho lives the pro
perty, the domestic security VI combatant citizens
be protected against all invasion not in strict nc
cordancc with the laws and ussges Of civilized states In
the conduct OF Crimes which outrage and shock
the moral by their atrocy, must not only be
ishcd and the perpetrators be deprived Of the power Of
Law must be presented TO Others 10 deter than from the
| commission Of similar en0rmitios
Robert G. Kennedy win be hanged by the mock I'LL he
Is dead at Fort Lafayette, New York fsrbor ON saur
day the 25th day OF March instant between the hours
| Of Twelve noon. and two In the afternoon
Tho commanding ofcer Of Fort Lafayette III charged
/ with the execution VI this order.
BY command OF Major General DIX.
d. T. VAN BUREN, Colonel and A. A. O.
Oficial: H. w. HooYxP Aid de Camp