The New York herald., 1865-02-15

apl sue u NE regular stopping plsess ese swsnty avss
% bona z: W:
s :! 2 Ss: J, In l' En-"
Asr eight hours he and his associatss, amusnS them
selves with rcv6lvsn and nAada brought suepti.
steamer threw overheard part II the frshs aud robbed
the clerk q the money 10 bis oha.ee putsne al on on
n :. snss, n
island Queen-scuttied her, set hy sdrn on ne
lake These transactions occurred within TO jarsdc.
1852 is o tho s''' O Ohio % 'h' ''A a's s''''''
On the 10th day OF December, 1894 the socused vas
arrested pear the Suspension Bridge over the Nissar1
river, within the State Of New York Tho testimony
shows that he and two officers OF the lnsurgent Sates
Colonel Martin and Lieutenant Hesdey with two otherN
Confederatcs had made unsuccessful attempt undof
the direction Of the hrst named oicer TO throw the
passenger train coming from the West 70 Bunho, on the
company II Is further shown that this tho third
attempt In which the accused concerned 70 accom-
peh tho obect that between two OF these attempts
the party including the accused went TO Canada and
turned and that thoy thcr bark 10 Canada
when he arrested In these fspsac'ior a in that
Lake Erie, the ucrused though hu1inG coninsslon
from the ,nsurSent authorities al Richmond, was in dis
guise procuring Information, with tho Intention ol using
t ~ he subsequently, did, TO inuict injury upon IN
armed citizens OF the United States and their private
property.
that he was ecng a spy and carrying irregular Or
guerilla warfare against the United States; in other
words that he acting In the two fold character Of
chazye and ecnenced 10 DEATH and the MAJOR General
commanding fully in the judgment Of the court
In all the transactions with which he was mpcated-in
one as chief and in the Others a. subordinate agent
he not only acting the part OF spy in procuring in
formation 70 BE- used Tor hostile purpose but he was
mont and the common conscience OF all Civilized States
except when done In open warfare by avowed enemies
Throughout these transactions, he was not only In dis
guise, bat pcsopating false chaIacter
II Is not at all essential 10 the purpos OF sustaining the
finding OF tho court, and yet Il IL not inappro
Dy1af L. In udf Of Of tire
accused and his confedcrates, that the attempts to
throw the railroad train OF the track were made at
night when the obstruction would bo ess likely than
in the daytime 10 be noticed by the engineer or con
ductor thus putting IN peril the lives Of hundreds q
men women and children. In these attempts three Of
ncers holding commissions the military service OF ths.
insurgent States concerned The accused IL shown
ment and Il dhcuh account for his agency In trans
actions abbonent 10 the moral sense and 80 iDcon
sistent with all the rules Of honorable warfare
The accused in justification u the transaction on Lake
Ere produced manifesto OF Jefferson Davis assuming
the responsibility OF the act and declaring that II vas
done BY his authority II s hardly 70 say that
no such assumption sanction act not warranted by
the lava Of civilized warfare II MT Davis were i the
head OF independent government recognized as sueh
by other nations, he would have no power 10 a9ncnon
what the usages Of civilized States has condemned The
government of the United States, from desire 70 miti
sreents OF ihe south the benefit OF the rules which
govern sovereign States 10 Tho conduct OF hos-
.iliies with esoh other and any y,o,sass aa 80. ..
bers and the cause Of humanity Throughout the
world DO visited with the seyercst penalty War under
Ns mldcst apects the heaviest calamity that can be-
fall our race he who In spirit Of revenge or with
lavIess violence transcends the limits 70 which II h
scted by the common bchcst of all Christian communi
t,os ahouh reccive the punishment which the cemmsn
vuse has declared be due 10 the crime The MsJes
General commanding feels that want Of nrmness and
inneIbili,y his part in executing the sentence OF
DEAN In such . oase would be cnenoe against the
outraged civilization and humanity q the aga
II Il hereby ordered, that James T. Bear BE- hanged BY
the mock until he s dead, GoveTnor's Island Eat
ur,lay the 18th day of February inst. bssweea ths
hours Of twelve and tyo In the sfternocn
The commanding oncer II fest Columbus charged
MsjW Gcnesal DIX
q Var BuRkx, Colonel Assistant Adjusani Genera
N koASsos, Lieutenknt Colonel and Assistant Ad-
twtxnt General
AsrscKpxNrs or oAfrArS sKAIL.
Captain James Yates Besi born IN Ss6srson
county Va, sons thartytwo years ago Ho Is said 70
have been wcf cdnosted having sfudsad f course u
Me Charlottesville University. In his native stase.
sor sf fortune Valued = one mAon Of dclars,
and he was also represented 70 s the heir apparcua 70
the esasts q Ioru Egclby, British noblcmAn.
Like mary Others Of hh Misguided csuntrymon af tho
outbreak " tho rehchqn he espossed the causo Of Jc
Davis went into the army, commissioned captain In
hg and intrepid 'Ftcnewafln Jackson
THE CASE or cArrAN xKNSBDr.
The military cominssion by which Captain Bcaf
has been tried and condemned has bcen engaged In the
rial Of Captain Kennedy, aias Stanton occr In tho
rebel army and OF the New York inccDdaries The
caee is closed the part Of the prosecution and lew
days have been granted tho accused procufe evidence
In his defence