S76 



MILITAKY COMMISSIONS. 



And whereas, the President of the United States 

 has approved the foregoing sentences in the follow- 

 ing order, to wit: 



EXECUTIVE MANSION, July 5, 1865. 



The forczoing sentences In the cases of David E. Harold, 

 G. A. Atzerott, Lewis Pavne, Mary E. Surratt, are hereby ap- 

 proved: and It is ordered that the sentences in the cases of 

 David E. Harold, G. A. Atzerott, Lewis Payne, and Mary E. 

 Surratt, be carried into execution by the proper military au- 

 thority, under the direction of the Secretary of War, on the 

 7th <lay of July, 1865, between the hours of 10 o'clock A. M. 

 and 2 o'clock P. M. of that day. 



ANDREW JOHNSOJT, President. 



Therefore you are hereby commanded to cause the fore- 

 going sentences, in the cases of David E. Harold, G. A. At- 

 zerott, Lewis Payne, and Mary E. Surratt, to be duly executed 

 in accordance with the President's order. 



By command of the President of the United States. 



E. D. TOWN8END, Assistant Adjutant-General. 



In the remaining cases of O'Laughlin, Spangler, 

 Arnold, and Mudd, the findings and sentences are as 

 follows : 



Fifth. Michael O'Laughlin. Finding of the spe- 

 cification guilty, except the words thereof as follows : 

 And in the further prosecution of the conspiracy afore- 

 said, and of its murderous and treasonable purposes 

 aforesaid, on the night? of the 13th and 14th of April, 

 1865, at Washington City, and within the military 

 department and military lines aforesaid, the said 

 Michael O'Laughlin did there and then lie in wait for 

 Ulysses S. Grant, then Lieut.-General and command- 

 er of the armies of the United States, with intent then 

 and there to kill and murder the said Ulysses S. 

 Grant of said words not guilty; and except com- 

 bining, confederating, and conspiring with Edward 

 Spangler ; ol this, not guilty. Of the charge guilty, 

 except combining, confederating, and conspiring 

 with Edward Spangler; of this, not guilty. 



Sentence. The Commission sentence O'Laughlin 

 to be imprisoned at hard labor for life. 



Sixth. Finding Edward Spangler, of the specifi- 

 cation, not guilty, except as to the words " the said 

 Edward Spangler, on said 14th day of April, A. D. 

 1865, at about the same hour of that day, as afore- 

 said, within said military department and the mil- 

 itary lines aforesaid, did aid and abet him (meaning 

 John Wilkes Booth) in making his escape after the 

 said Abraham Lincoln had been murdered in man- 

 ner aforesaid," and of these words, guilty. Of the- 

 charge not guilty, but guilty of having feloniously 

 and traitorously aided and abetted John Wilkes 

 Booth in making his escape after having killed And 

 murdered Abraham Lincoln, President of the United 

 States, he, the said Edward Spangler, at the time of 

 aiding and abetting as aforesaid, well knowing that 

 the said Abraham Lincoln, President as aforesaid, 

 had been murdered by the said John Wilkes Booth 

 as aforesaid. The Commission sentenced Spangler 

 to hard labor for six years. 



Seventh. Samuel Arnold. Of the specifications, 

 guilty, except combining, confederating, and con- 

 spiring with Edward Spangler ; of this, not guilty. 

 Of the charge, guilty, except combining, confederat- 

 ing, and conspiring with Edward Spangler ; of this, 

 not guilty. The Commission sentenced him to im- 

 prisonment at hard labor for life. 



JKiffhth. Samuel A. Mudd. Of the specification, 

 guilty, except combining, confederating, and con- 

 spiring with Edward Spangler; of this, not guilty; and 

 excepting receiving, and entertaining, andliarboring, 

 and concealing said Lewis Payne, John II. Surratt, 

 Michael O'Laughlin, George A. Atzerott, Mary E. 

 Surratt, and Samuel Arnold; of this, not guilty. 



Of the charge guilty, except combining, confed- 

 erating, and conspiring with Edward Spangler; of 

 this part guilty. The Commission sentenced Mudd 

 to be imprisoned at hard labor for life. 



The President's order in these cases is as follows: 



It is further ordered, that the prisoners, Samuel 

 Arnold, Samuel A. Mudd, and Michael O'Laughlin, 

 be confined at hard labor in the penitentiary at Al- 



bany, New York, during the period designated fca 

 their respective sentences. 



ANDREW JOHNSON, President. 



Efforts were subsequently made to review 

 tlie proceedings, by bringing up the case of Mrs. 

 Surratt, on habeas corpus; but the writ, although 

 allowed, was suspended by order of the Pres- 

 ident, and those who had been condemned to 

 death were executed in accordance with the 

 order issued those who were sentenced to im- 

 prisonment were transported to Fort Jefferson, 

 Dry Tortugus, to serve out the period of their 

 incarceration. 



The trial of Capt. Henry "Wirz was second in 

 importance and interest to that of the assassins. 

 Capt. Wirz had been in charge of the Confed- 

 erate prison at Andersonville, and it was al- 

 leged that through his cruelty thousands of 

 Union prisoners of war had lost their lives. 

 The Commission before which he was tried 

 was convened by order of August 19, 1865, 

 directing the officers detailed for that purpose 

 to meet as a special military Commission on 

 the 21st of August, for the trial of such prison- 

 ers as might be brought before it. The Com- 

 mission assembled on the day named, and Wirz 

 was arraigned on the charges and specifications. 

 The first charge was for traitorously conspir- 

 ing with others to injure the health and destroy 

 the lives of soldiers in the service of the United 

 States, held and being at the time prisoners of 

 war. The second charge was for murder, in 

 violation of the laws and customs of war, with 

 thirteen specifications. 



After argument on a motion to quash the 

 charges and specifications as too general and 

 uncertain, and that the offences charged were 

 cognizable by civil and not by military courts, 

 which motion was overruled by the court, the 

 prisoner pleaded not guilty ( ,s.nd on suggestion 

 of the Judge Advocate, "Wii i was remanded to 

 prison, and the court adjourned sine die. 



On the 23d of August, at a meeting of the 

 Commission, the Judge Advocate read an order 

 from the "War Department, dated August 22d, 

 directing that the Commission convened on 

 the 20th, by the order of the President, be dis- 

 solved, and another order convening a special 

 Commission to assemble on the 23d, for the trial 

 of Henry Wirz, and such other prisoners as might 

 be brought before it, the detail of officers being 

 the same as that of the previous commission. 



The charges and specifications against the 

 prisoner were substantially the same as those 

 on which he was at first arraigned. 



The trial was very lengthy and tedious 

 large numbers of witnesses being examined, 

 and the Commission found "Wirz guilty, and 

 ho was, in accordance with the sentence of 

 the Commission, executed on the 10th day of 

 November. 



An additional interest is given to trials by 

 military Commissions in consequence of the 

 decision of the Supreme Court of the United 

 States, holding that they had no jurisdiction in 

 the case known as the Indiana conspirators. 



