New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-03-21
CASE OF ROBERT O. KENNEDY, TRh
SPY AND INCRNDIARY.
Next.
HgADQUARrERs. DEPARTMENT or THE EAST


HgADQUAKrpRs DEPARTMENT OF THE EAST
NEW. YORK CITY. March 20, 1865
GENERAL ORDERS. No. 24-I. Before Military Com.
mission. which convened at Fort Lafayette. EewYork
Harbor. and at New.York City by virtue Of Special
Orders No. IA, serios from these headquarten
Of January IT. 1867 and of which Brlgadier General
Fita Henry Warren United States Volunteers is Presi
dent was arraigned and tried. Robert c. Kennedy
CHARGE L." Acting as q Spy"
Specification lin this that Robert C. Kennedy. Q
captain in the military service Of the nsurgent States
found acting as spy in the city OF New York IN
the State Of New York on or about the lst day of No
SPECIFICATION 2-"In this. that Robert C. Kennedy.
captain in the military service OF the insurgen Sates
found acting spy IN the city n Detroit In thu
State OF Michigan or about the 10Th day Of Decen
Der, looi.'
CBARny rf-.yIoLAr,oN OF TIE LAvs OF WAR.
observation-disclosures that Robert G. Kennedy.
captain in the military service OF the insugent StsteA
undertook ~ carry on irregular and unlawful warfare
the city and State Of New York. and. In the execa
ton of said undertaking. attempted to burn and de-
All this In the said city OF New.York on about tbs
2Jth day OF November. 1854"
To, which charges and specifications the accused
FTDNG.-Of specification ls ChargsI "Guity.
OF specification ID. ChargeL Guilty: VI Charu
I. Guilty or specification. Charge Ii, Guilty
Or Charge IL, Guilty"
SEYTgScE.-And thereupon the Commission sentences
him. said Robert G.. Kennedy. captain IN the military
service Of the insuTgent States to be hanged by hs
neck until dead at such tine and place as the GenerA
in command of the Department may direct" twothird
Of the members concurring therein.
III. The Major General Commanding approves thu
proceedings finding and sentence OF the Court. I'll
shown by the testimony
l. That the accused has been officer in the service
Of the insurgent States since August, lS6l.
q That he was In the city Of New-fork In disguise
and under o false name. in the month OF November
several weeks Immediately preceding the attempt
set the city on fire.
10 disclose, and that he returned hastily by night
Canada.
T. Tba. he stated in the presence Of several persons
that he set FIRE to BarnGm5 Museum, ana 70 cLe OF ta
"down town" hOtols and
3 That he was arrested at Detroit in disguise, armed
with revolver. travelling under tase name ara WIZ
passport representing himself TO he loyal citizen
On proof OF these facts be convicted OF aciing
q spy and carrying on irregular and Illegal wariara
The person who testified 10 his confession OF haynt
set on fire Barnums Museum aLd one oil tne notes 4
the lower part of the city was Lot under uuess oI
accomplish was reluctant witness. aud could nave u
motive TO iiake a false statement. he Is eoTsoocrat%
by other testimony.
of the greatest atrocities OF tie age There - nothing
In the annals Of barbarism which eyinces greater va
dictiyeness 1t wa no. mere attempt 70 destroy tas
CITY bat 10 get fire 70 crowded hotels and places OK pup
lie resort in order 10 secure the creates. possible de-
s,ruction of human life The efdence SHOWS lali bar
nuns Museum and ten hotels were hredoa the evening
a
ing out in quick succession. and indicating not ony
deliberate and complex design and concert Oh the pau
of the ncendiarics but cool calculation TO create
MANY CONGREGATIONS at the sane time as 70 Dante I,e
rHis OF the Fire Department h euiDguish them IN
nll the building. fred not only noncomDataot Ecu
but women and children. were congregeted IN gies,
numbers aud nothing but the most diabolca spiI.t
reyer 70 could have impeed the incendlares TO aes 70
revolving. ,.,,- a.,
to, Ur.c Is crime which follows Inn aud ns uaDA.sy
= Ia cast "a Z
20 i'm, f,.T fro, tse 1rsdctioa within khcr vas
mitted lie has not only been guilty o. c-si!ing o.
irregular warfare In violation OF ,ne usuages o. c..
a,es In the corduc. Of var but he hes ~ ouiraginI
every prucip Of humanity iDearred the highest pen
atty known 10 the law.
his return TO tho United S0tes. again Ia disguise w
a new name. and personating loyal citizen, Wah'
holding commission IN the service OF the insurgents
thus furnishing the highest p-S Jiels esaeree va
duoed on the trial although 1t continued twentyhre'
days Of which fifteen were nte tie accused by al
JoGrnments 10 procure testimony ani prepare 1ts 90
to the Court: pledge given 70 tho transportation
agent in Canadn. TO return with al due diligence 70
the Confederate" and tho Other certificate made oy
biz. that be was citizen Of the STATE OF Louisiana.
with request tle lie might he prcvid WIN inesas 70
return 30 the ConfedoIacy.' Admitting their genu.
ineness they do not regel the presan pon raised by
and the false preteEces. with which be was
found S, withia our lines. His flight to Canada was
uot "A
IL ne Led found his way back TO the iRsargent
states and haa been subsequently captured III battle
he could not have been convicted under the irSt spec
alton of tho first charge But neitler OF these facts
exists 10 remove terminate his abity ~ CONVICTION
under that specification. ~.
Whatever question iray exist as TO the eject Of bis
return TO Canada. after having lurhed as a spy AZ
charged in tie first specification no such question can
arise rs 70 his guilt spy, charged IN TIE .ecold
coacation which sets forth otsnse entirely dis
tnct from tie first, OF which he has been convicted on
ull proof. :. "a, -. ,.
The Major General Commanding considers his dny
as clear In this case as in that OF Bea ne ye no
property the domestic security Of rcneomeatant ci
1an must he protected against all INVASION no III sfs
accordance with the laws and useges OF cNl 2ed ssa.
in The conduct of war Crimes, which outrage ana
shock the neral sense by their ntrocity must mol DRY %
punished and the perpetrators be deprived OF the power
of repeating them but.he sterneSt condemnation oil oe
law must be present. 10 Others ~ deter them nom ts
commission OF similar enerinities.
Robert e. Kennedy win be hanged by the neck Ill. he
is dead at Fort Lafayette New York Harbor, on Satr
day the p5h day If Merch instant between the hours
OF twelve noon and two In tie afternoon.
The commanding officer Of Fort Lasay et.eis charged
with the execution Of this order
by command Of Ma. Gen. DIX.
D. T. yAS BUREs. Col. and Ass. Adj. Gen.
L. W. HOOPER Aidede.Cdmp.