The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-06-06
Aatiunal RepablitatI.
lUFFictAL
OFFiciAL.I
HEADo'Rs Third .,iGITARr DisrRICT, }
ODE "a ELnnInA AM ALL

General OSd,ys, No. 70
l. Before a military commission, which con.
vened at selma, Alabama, April 10, 1865, pur.
suant to special orders No. ~, headquarters
Third military district, dated Atlanta, Georgia,
April Z, 1858, and Of which Brevet Major
James Curtis, captain 18th infantry, Is Prssi.
dent, were arraigned and tried:
William Pettigrsw, Frank Ii. Munday, Hugh
L. White, Thomas W. Roberts, Samuel W.
Dunlap, Wiley Thompson, william Pierce,
EDWARD Barker. james Steel, John cullen,
Charles Coleman, John Kelly, and Samuel
Strayhorn, citisens Of Green county, Alabama.
Charge l." Riot"
.Speeifoatiea In this that William Petit
grew, Frank II. Munday, Hugh L White,
Thomas W. Roberts. Sam1 W. Dunlap, Wiley
Thompson, William Pierce, Edward Barker,
James Steele, John Ouilen, CHARLES Coleman.
John Kelly, and samuel Strayhorn, citizens
Of Greene county, Alabama, on or about the
lith day Of March, 1858, with force and arms,
at or near Eataw, Green county, Alabama,
unlawfully, riotousiy, and routously did as.
sembls and gather together 10 disturb the
peace Of the people Of Alabama; and being SO
thon and there assembled and gathered to.
gether, In aud upon one Joseph b. +. Hill, In
the peace Of God and Of the people Of Alabama
then ard there being, unlawfully, riotously
and foutously did make an assault; and him
tho said Joseph D. Il. Hill. then and there
uulawfulIy, riotously, and routously did beat
wound, and ill.trsat, aud other wrong to the
said Joseph B. r. Hill, then and there .un.
lawfully, riotously, and routously did, to
the great disturbance and terror Of the people
of Alabama, to the evil example Of all others
In the like case offending. and against the
peace and dignity Of the State of Alabama.
CHARGE H-"Lynching, Code Of Ala
bama, I 36s4)"
Spse,fcation.-"In this that William Pet.
tigrew, Frank H Munday, Hugh L. White,
Thomas W. Roberts. Samuel W. Dunlap,
Wiley Thompson, william Pierce, Edward
Barker, James Steele. John Cullen, Charles
Coleman, John Kelly, and Samuel Stray.
horn, did unlawfully abuse, whip, beat, and
threaten one Joseph b. r. Hin, TO force the
against the peace and dignity Of the State Of
Alabama. This at or near Eutaw, Greene
county, Alabama, on or about March IA,
1852
CHARGE III.-"Assault and battery"
Speeifeatfon.-"In this that William Pet.
tigrew, Frank H. Munday, Hugh L. White,
Thomas W. Roberts, Samuel W. Dunlap
Wiley Thompson, william Pierce, Edward
Barker, James Steele, John Cullen, Charles
Coleman, John Kelly, and Samuel Strayhorn,
citizens Of Greene county, Alabama, did un.
lawfully Asshuit hnu peet Win STICKS and
otherwise Joseph D. r. Hill, citizen, and did
attempt to place the said Hill upon a pole
prepared with ropes for the purpose. All this
at or near Eutaw, Greene county, Alabama,
on or about March IA, 1862
To which charges and specifications the &c.
cused each and severally pleaded mot guilty"
Finding.-The commission having mature.
ly considered the evidence adduced, finds the
prisoners as follows:
LIST. William Psttigrsw, Frank II. Munday,
Hugh L. White, Thomas W. Roberts, Jam %
Steele, and John Cullen.
OF the charges and spscincations. guilty"
I'd. Samuel Strayhorn,
or the first and second charges and spscia-
cations, guilty"
OF the third charge and specification, not
guilty.
Sd. Samuel W. Dunlap, Chatle. Coleman,
John Kelly, and William Pierce,
or tho first and third charges and spscidca.
tions, mot guilty"
OF the second charge and specification,
guilty"
4th. Wiley Thompson and Edward Barker,
or the charges and spsci6cations, mot
guilty"
Aud tho commission does therefore aeouit
them, wiley Thompson and Edward Bar.
kerr" citizens Of Greene county, Alabama.
Sentence. And the commission does there
fore sentence William Pettigrew, Thomas W
Roberts, and James Steele, citizens Of Greene
county, Alabams, Ito be confined at hard labor
In such prison as the proper authority may
direct for the period Of Ave years.
And the commission does therefore sentence
Samuel W. Dunlap, William Pierce, Charles
Coleman, and John Kelly, citizens Of Greene
county, Alabama, to be confined in such prison
as the proper authority may direct for the
nT mi And 10 10 L..
States fine Of $500 dollars each, remaining
in prison until such time as the fne be paid j,
provided the total time Of confinement be not
over two years.
And the commission docs therefore sentence
Frank II. Munday, Hugh L White, John Cul.
len, and Samuel Strsyhorn, citizens of Greene
county, Alabama, ITO be confined at hard labor
10 sucr prison as the proper authority may
direct for the period Of two years. and to pay
to the United States fine Of $500 each, 70.
naming In said prison until such fine be paid
provided the total time of confinement bs not
four years
II. The proceedings and findings in the
case Of Wiley Thompson and Edward Barker
are approved. Having been acquitted by the
commission, the orders, as contained In the
letter of instructions to the commanding off
Ger Of the sub district Of Alabama, directing
their release from arrest, are hereby con
irmed.
III. Tho proceedings and findings in tn,
case of Samuel W. Dunlap, Charles Coleman
John Kelly, and William Pierce, on the frs
approved. The finding on the second chs arg,
and its specification Is disapproved. Lynch
ing, according to the code Of Alabama, unde
which the second charge was laid, Is wher,
two or more persons abuse, whip, or beat an,
person for certain purposes stated In the stat
ute, one Of which Is to force such person /,
give his consent to leave the neighborhood
county, or State. Tho foregoing prisoner
having been acquitted by the commission o.
all participation In the abuse or beating o.
Mr.. Hill, as specified under the first and third
charges, should also have been acquitted Of
the charge Of lynching, which 10 founded OF
those acts. Having been acquitted on two Of
the charges, and the finding on the remaining
charge being disapproved, they will DO 70
leased from arrest.
Nv. The proceedings and findings in the
case Of William Pettigrew, Frank II. Nun
day, Hugh l.. White, Thomas W. Roberts
James Steele, John Cullen, and Samuel Stray
horn on the LIST and Sd charges, and thsii
specifications are approved The finding on
the I'd charge and Its specification Is dissp
proved on account Of insufiieiency Of evidence
Tho sentences are confirmed, but are hereby
mitigated as follows
In the case Of william Psttigrew, Thomai
W. Roberts, and James Steele, to conane
ment at hard labor In Fort Jefferson, DR.,
Tortugas, Florida, for the period Of twl
years.
In tho case of Frank II. Munday, Hugh L
White, John Culleu, and Samuel Strayhorn
to confinement at hard labor In Fort Jefsr
son, Dry Tortugas, Florida, for the period o
one year.