The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1865-02-20

accused ana TWO otnefs took passage.
At Maiden, another Canadian bort .na
one Of the regular stopping places
about twenty five more came On boarJ
The accused was in citizens DO
showing no insignia of his rank or nrn
fession, embarking as an ordinary has
senger, and representing himself to hs
on pleasure trip to Kelley's island in
Lake Erie, within the jurisdiction Of tina
State Of Ohio. '''
After eight hours he and his assoc,
ates, amusing themselves with reyolyer,
and hand-axes, brought surrepttionsv
on board, rose on the crew, took posses,
sion of the steamer, threw overboard
part Of the freight, and robbed the clerk
Of the money in his charge, putting all
on board under duress. Later in the
evening he and his party took possession
of another unarmed steamer,
Island Queen, -scuttled her, set her
adriit on the lake. These transactions
occurred within the jurisdiction Of the
State of Ohio on the 10Th day Of Sep
TENDER, 1864.
On the 18th day Of December. 1854
the accused was arrested near the sus.
pension bridge, over the Niagara river
within the State of New York. Tha
testimony shows that he and two officers
Of the insurgent States, Colonel Martin
and Lieutenant Headley, with txo Other
Contedcrates, had made an unsuccessfn
attempt, under the direction Of the frs.
named officer, to throw the passenrr
train coming from the West to Buffah
off the railroad track for the purpose Of
rObblng the express company It's fur.
Their shown that this was the third a.
Tempt in which the accused was concerDd
10 accomplish the same object; that be-
tween two Of these attempts the party
including the accused, went to Canada
and returned, and that they were on
their way back to Canada when he was
| arres,ed. In these transactions, as il
| that on Lake Erie, the accused, though
holding & commission from the insur>
gent authorities at Richmond, was in
disguise, procuring information with the
intention Of using it, as he subsequently,
did, to inttict injury upon unarmed Cit
zens Of the United States and their pri-
vatc pr operty.
The substance of the charges aga;ns.
tho accused is, that he was acting as
spy, and carrying on irregular or guer.
ri.a warfare against the United States
in other words, that he was acting intlt
two fold character of a spy and gucr
ril.a. lie was found guilty on bot
chalgeS, and sentenced to death; Al
the Major-U General commanding lut
concuIs in tie judgment Of the co|
IN all tic traGsactions with which hens
impIicatel-in one as chief, and in1e
other as q subordinate agent-he 7aS
not only acting the part of 4 spy, inPo~
curing information 10 be used tor hostile
purposes, but he was also committing
acts condemned By the common jude
ment and the COMMON conscience OF al.
civilized States, except when done
open warfare by avowcd cnelnle&-
Throughout these transactions, he vas
not only in disguise, but personatng &
false character.
1t is not at all essential to the purpose
of sustaining the finding of the C0ur,
and yet it is not inappropriate to stat
as AN indication of the nntjau3 Of til
accused and his -confederates, that Il
attempts to throw the railroad train q
the track were made at night, when Ii
obstruction would be less likely than
!, the day time to be noticed by the G
ginecr or conductor, thus putting
, peril the lives of hundreds Of nc
!. womcn and children. In these attemi'
three officers holding commissions
military service Of the insurgent ea5
were concerned The accused is sh0n
1 by the testimony to be a man Of eGDf
ton and refinement, and it is dliiica. D
account for his agency in transactions y
abhorrent to the moral sense, and 50 r.
e consistent with all the rules Of hOnOraOa
y warfare.
c The accused, in justification Of tn
:. transaction on Lake Erie, produced ID
manifesto of Jefferson Davis assume
y the responsibility of the act, and ae
r claring that it was done by his autfor'
IS 1t is hardly necessary to say that no 'a'
q assumption can sanction an act not "
ranted by the laws of civilized "aii~'
:! If Mr.. Davis were at the head OF 81 Nv
pendent government, recognlzed ~ ~.
Is by other nations, he would haVeEo P ,.'
If to sanction what the usages Of c!'lIA..
!, States has condemned. The GoverI!~'.
'' of the United States, from desire v
IN mitigate the asperi.ies of war, mas s's,
re to the insurgents of the South inc o S,,a
a ofthc rules which govern soTerei7', o'S',
in the conduct Of hostilities Win g.
,, other; and any violation of these i Ea,
III should, for the sake Of good ordef ~
n and the cause Of humanity thfouo'...
to the world, DC visited with the seSefes. :
r.,ty War under It's mlldeSt aspects