The National tribune., 1883-08-16
Iapt., 90. u, IZ9th IndlaI
WESTERN NEBRASKA, July 81, 1888.
GUERRILLA GURLEY.
Why the Murderer Of General McCook Was Never
Executed.

To the Editor NATIONAL TRIBUNE:
One of your correspondents recently stated
that the Ninth Ohio were anxious to know why
Frank Gurley, the guerrilla, was not punished
Tor the murder of Gen. McCook. / happen to
know something about It, and as the circum-
stances are very peculiar, will give them some
what in detail. Gurley was tried by military
commission and sentenced to be hung; General
Thomas approved the findings and the record
was transmitted to president Lincoln, who
never took any action In the matter whatever
Gurley was placed in the penitentiary at Nash
vile, (then a military PRISON. where he re-
manned Tor over two years, expecting his sem
tence to be executed. From Just after the battle
there, and for period of several months was
IN charge OF the provostmarshal's office at Nash
vile, Tenn. Including Gurley, had twenty
eight men under sentence of death, all of
whom had been duly convicted of at least one,
and some Of them of many murders. None of
them were hung, for the reason that, as the
time approached, Lincoln would grant respites.
A very short time before his assassination, at
II o'clock at night received the following
order by telegraph:
Provost Marshal, Nashville, Tenn:
You Will Immediately send all citizen prisoners
you have under sentence of death to Louisville,
KY, en- route to City Point for special exchange
At Louisville you VIII turn them over TO Colonel
Coyie, provost marshal, taking his receipt.
A. LINCOLN.
1t seems this order was issued without the
knowledge of the War Department, and that
was the only officer who ever received it, Gen.
Thomas commanded the department, Rousseau
the district and General John T. Miller the
post. In the morning | executed the order
without consultation with any of these officers.
suppossing, of course, that General Thomas, at
least, had received copy. Nothing further was
heard about the matter until the first night after
Andrew johnson assumed the duties of Presi-
dent. At l o'clock in the morning came q
telegram from the President, directed to me by
name and rank, signed Andrew johnson, Presi-
dent, and saying: "What has become of
Frank Gurley2" / answered at once by send
ing copies of Lincoln's order and Coyles re-
ceipt. 1t seems Gurley had been exchanged and
returned to his h0me (Tishamingo county,
Ala,) where he was elected sheriff Some
months elapsed, when General Thomas was
startled by an order to him from President
johnson approving the sentence In Gurley's
case, and ordering the general to hang him at
time tixed-I think in about ten days. Gen.
eral Thomas placed the matter in the hands of
his provost marshal, General Dick Johnson, of
Kentucky, who speedily found and arrested
Gurley and had him brought to Nashville.
Gurley claimed his exchange, but. it appears
had nothing to show for it. In the perplexity of
Generals Thomas and Johnson to account for
so curious = state of things the latter suggested
that my office might afford some information,
and General Thomas came in person to make
inquiry. My books contained complete
record of what had been done, which he ex-
amined carefully, and also the original teIe-
grams, which were on file. The result, of
course was that Gurley was released to return
home, where his gallant (?) services in MUIR
dering Union general no doubt enhanced his
political prospects with his rebel friends
E. w. METCALFE,
Capt, Co. L, 129th Ind.
WESTERN NEBRASKA.