The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-02-28
FEBRUARY %, 1866.

tiles, at Salisbury, North Carolina, for the con-
finement of prisoner Of war, taken and held as |
such from the armies of the United States of |
America, and being in charge of a large number
of such prisoners there assembled, feloniously,
wlfully and Of his malice aforethought, did, need
lessy, and without cause, order the guard at said
prison, to fire upon said prisoners, therein con-
fined, and in pursuance OF said order, maliciously
and murderously given, as aforesaid, one of the
said guard, whose name is unknown, did, with
musket loaded with gunpowder and bullet, then
and there fire upon the said prisoners, inflicting
upon Lieutenant John Davis, 155th New York
Infantry, one of the said prisoners confined in the
said prison, mortal wound, with the musket
aforesaid, OF which he, the said Lieutenant Davis,
died This at Salisbury, North Carolina, on or
about the 10th day of October, 1864"
Specification 3d-In this, that the said John IT
Gee, while being, or Claiming to be, a Major in
the rebel military service, and as such being in
command and charge of the prison established
and used by the rebel government or military au-
thorities, at Salisbury, North Carolina, for the
confinement OF prisoners of war, taken and held
as such from the armies of the United States of
Ameriea and being in charge offs large number
of such prisoners there assembled, felonously,
willfully, and of his malice aforethought, did,
needlessly, and without cause, order the guard at
said prison, to fire upon said prisoners, therein
confined, and in pursuance OF said order, malic-
iously and murderously given as aforesaid, one of
the said guard, whose name is unknown, did,
with musket loaded with gunpowder and bull
let, then and there, fire upon the said prisoners,
inticting upon one of the said prisoners whose
name is unknown, a mortal wound, with the
musket aforesaid of which he, the said prisoner
died. This at Salisbury, North Carolina, on or
about the 9th day of October, 1884
Specification 4th-ln this, that the said John Fl.
Gee, while being, or claiming to be, Major in
the rebel military service, and as such being in
command and charge of the prison, established
and used by the rebel government or military
authorities at Salisbury, North Carolina, for the
confinement of prisoners of war, taken and held
as such from the armies of the United States of
America, and being iii charge of large number
of such prisoners there assembled, fcloniousy,
willfully, and of his malice atorethought, did,
needlessly, and without cause, order the guard of
said prison, to fire upon said prisoners, therein
confined, and in pursuance of said order, ma
iciously and murderously given as aforesaid, one
of the said guard whose name is unknown, did,
with musiet loaded with gunpowder and bullet,
then and there fire upon the said prisoners, in
ficting upon one of the said prisoners, whose
name is unknown, q mortal wound, with the
lnusket aforesaid, of which he, the said prisoner,
died. This at Salisbury, North Carolina, on or
about the Both day of November, 1854.
Specification 5th-In this, that the said John III.
Gee, while being, or claiming, to be, Major in
the rebel military service, and as such being in
command and charge OF the prison established and
used by the rebel government or military author
tiles, at Salisbury, North Carolina, for the con-
finement of prisoners of war taken and held as
such from the armies of the United States of
America and being in charge of q large number Of
such prisoners there assembled, feloniously, will
fully, and of his malice aforethought, did, need
essly, and without cause, order the guard, at said
prison, to fire upon said prisoners, therein con-
fined, and in pursuance OF said order, maliciously
and murderousiy given. as aforesaid, one of the
said guard whose name is unknown, did, with a
muskct loaded with gunpowder and bullet, then
and there fire upon the said prisoners, inhicting
upon one of the said prisoners, whose name is
unknown, mortal wound with the musket
aforesaid, of which he, the said prisoner, died.
This at Salisbury North Carolina, on or about
the 1st day Of December, 1861
Specification 6fh.-In this, that the said John H.
| Gee, while being or claiming to be major in the
rebel military service, and as such being in COM
mand and charge of the prison established and
used by the rebel government or military author
ities at Salisbury, North Carolina, for the con-
| finement of prisoners of war taken and held as
rsuch from the armies of the United States of
America, and being in charge of a large number
| of such prisoners there assembled, felonously,
| wilfuily, and of his malice afOrethought, did,
needlessly, and without cause, order the guard at
said prison, to fire upon said prisoners, therein
| confined, and in pursuance of said order, mali
ciously, and murderousiy given, as aforesaid, one
| of the said guard, whose name IS unknown, did,
with q musket loaded with gunpowder and bull
let, then and there fire upon the said prisoners,
| inflicting upon Moses Smith, a colored soldier
of the said prisoners, confined in the said pris
! on, mortal wound with the musket aforesaid,
| of which he, the said Moses Smith, died. This at
| Salisbury North Carolina, or about the 10th
| day of December 1854.
| Specification 7th. In this, that the said John
| 81. Gee, while being claiming to be, major in
the rebel military service, and as such, being in
| command and charge of the prison established
and used by the rebel government or military au-
fhnritios of Salisbury North {torOI r1a ti,e
| confinement of prisoners of war, taken and held
as such from the armies of the United States of
America, and being in charge of a large number
| of such prisoners there assembled, fcloniOusy,
wilfully, and of his malice af0rethought, did,
needessly, and without cause, order the guard at
said prison to fire upon the said prisoners, there
in confined, and in pursuance of said order mali
| ciously and murderously given, as aforesaid, ont
| of the said guard, whose name is unknown, did
| with musket loaded with guapowder and bull
let, then ane there fire upon the said prisoners
| inflicting upon Frank Graham, an enlisted man
| of company d, 9Th Ohio infantry, one Of the said
| prisoners confined in the said prison, morta
| wound with the musket aforesaid, of which he,
] the said Frank Graham, died. This at Salisbury,
| North Carolina on or o. . 1t the Sth day of De
| cember, 1864.
The prisoner, by his counsel, offered q plea in
bar of the charges and specifications, which was
read before the Court. The main points of the
plea are, that by the terms of captulation agreed
| to between Generals Sherman and Johnston, aud
by the terms of parole granted under those terms
to officers and soldiers surrendered under General
| Johnston, the United States, by its accredited
agent, agreed and pledged its faith, that these of
ficers and soldiers shall not be molested SO long
as they comply with the terms of the parole. We
will endeavor to give the plea in full tomorrow,
| together with the answer thereto by the Judge
Advocate, which will be delivered to-day
SECOND DAY. s1s sd