First Day, of the Trial of Samuel B. Hern

Court Martial -LL-2297,folder, 2-RG#153, stack 16W3, Row 15.

Military Commission, Baltimore July 19, 1864.

First Day, of the trial of Samuel B. Hern

Major W.M. Este U.J J. C. - Judge Advocate. Reported by James Kistine and W. H. Samuel. Files for Samuel Batson Hearn convicted of Spying for the Confederates during the Civil War. Reference: Court Martial: FileBaltimore, Md., July 19, 1864 Proceedings of a Military Commission, convened at Baltimore City, Maryland, by virtue of the following order: Headquarters, Middle dept. the Army Corps, Baltimore, May 26, 1864 Special Orders No. 134: A military Commission is hereby appointed to meet in the city of Baltimore on the 28th Inst for the trial of Richard Hall and such other persons as may be bought before it. Detail for the Commission: 1. Lieut. Col. H. D. Munson, 159th Reg. Army 2. Maj. George A. Vandergrift, 137th Reg. Army 3. Maj. Elijah Culbert, 131st, Reg. Army 4. Capt. Gideon G. Prugh, 131st, Reg. Army 5. Capt. Ammi Baldwin, 137th, Reg. Army 6. 1st Lieut W. L. Winehele, 131st, Reg. Army 7. 1st Lieut. Chas. S. Allen, 131st, Reg. Army

Capt. G. W. P. Smith, Smith's Md. Cavalry is hereby appointed Judge - Advocate of the Commission. No other officers than those named can be assembled without manifest injury to the service. Should any of the officers named be prevented from attending, the commission will never the less proceed to and continue the business before it , provided the number present be not less than the minimum prescribed by law. The Commission is directed to sit without regard to hours. By command of: Maj.Gen'l. Wallace, Sam'l. B. Laurence, Ass't. Adj't. Gen'l. Official: (Signed) Sam'l. B. Laurence, Ass't Adj't. Gen'l.

To Capt. G.W.P. Smith, Judge Advocate:

The Judge Advocate then read the following order relieving 1st Lieut. Chas. S. Allen from duty as a member of the Commission. Headquarters Middle Dep't, 8th Army Corps, Baltimore, Md, June 7,1864. Special Order: 1st Lieutenant Charles S. Allen, Company "C", 131st Regiment, Ohio National Guard is hereby relieved from duty as a member of the Military Commission, convened by paragraph 4, SC 134, Headquarters Middle Dept., May 26, 1864. By command of:

Maj. Gen'l Wallace, Samuel B. Lawrence, Assistant, Maj. Gen'l.Official: signed- Sam'l. B. Lawrence, Ass't Maj. Gen'l. To Capt. G.W. Smith, Judge Advocate: The Judge Advocate than read the following order, detailing 1st Lieut. W.G. Wells, as a member of the Military Commission: Headquarters Middle Dep't, 8th Army Corps, Baltimore, Md, June 7, 1864. Special Order no. 145: 1st Lieutenant, W.G. Wells, Company "G", 131st Regiment, Ohio National Guard, is hereby detailed as member of the Military Commission, convened by, par. 4, S.C. 134, Headquarters Middle Dep't, May 26, 1864. The Commission is now in session in this city, by command of: Maj. Gen'l. Wallace, Samuel B. Lawrence, Ass't. Adj. Gen'l. Official: Signed, Max Woodhull, Ass't. Adj. Gen'l. To Capt. G.W. Smith, Judge Advocate, The following order relieving Capt. Ammi Baldwin, from duty as a member of the military commission, was then read by the Judge Advocate: Special Orders, no. 161: Capt. Ammi Baldwin, 137th Reg't. Ohio National Guard, is hereby relieved from duty as a member of the Military Commission, convened by S.C. 134, Par. 4, C.S. and ordered to report to Col. Wooley, Provost Marshall, 8th Army Corps, for special duty in the city. By command of: Maj. Gen'j. Wallace, Samuel B. Lawrence, Ass't. Maj. Gen'l. The following order detailing Capt. James Anderson as a member of the Military Commission, was then read by the Judge Advocate: Headquarters Middle Command, 8th Army Corps, Baltimore, July 6, 1864. Special Orders: No. 170: Capt, James Anderson, Co. "G" 159 th Reg't, O.N.G., is hereby appointed a member of the Military Commission, convened by Par. 4, S.C.134, Headquarters Middle Dep't, May 26, 1864.by order of: Maj. Gen'l. Wallace, Sam'l B. Lawrence, Ass't. Adj. Gen'l. Official: signed:

Sam'l. B. Lawrence, Ass't. Adj. Gen'l.

To Capt. James Anderson, Co. "G", 159th O.N.G., thru Brig. Gen'l. Keenly. The Judge Advocate then read the following order: relieving Capt. G.W. Smith from duty as Judge Advocate of the Military Commission: Headquarters Middle Dept., 8th Army Corps, Baltimore, July 4th, 1864. Special Order: 168: Capt. G.W. Smith, Smiths Independent Md. Cavalry is hereby relieved from duty in this city and as Judge Advocate of the Military Commission convened by Par. 4, S.C. 134, Headquarters Middle Dept., May 26, 1864, and ordered to to rejoin the company at once. By command of: Maj. Gen'l. Wallace, Samuel B. Lawrence, Ass't. Maj. Gen'l. Signed: G.W.P. Smith, Capt. & Judge Advocate.

The Judge Advocate than read the following order, detailing Maj. W.M. Este, A.D.C. as Judge Advocate of the commission: Headquarters Middle Dept, 8th Army Corps, Baltimore, July 4, 1864. Special Orders: Maj. Gen'l. W.M.Este, A.D.C. is hereby detailed as Judge Advocate of the Military Commission convened by Par. 4, S.C. 134, Headquarters Middle Dept, May 26, 1864. By command of: Maj. Gen'l Wallace, Sam'l B. Lawrence, Ass't. Adj. Gen'l. Official: signed: Sam'l. B. Lawrence, Ass't., Adj. Gen'l. to Maj. W.M.Este, A.D.C.

Trial-First Day:

Baltimore, Md. July 19, 1864 10 o-clock A M The Commission met pursuant to adjournment of the 18th inst.

Present: All the members of the Commission, except two, the judge Advocate, and the accused. Absent: Lieut. Winehele and Wells, still reported sick.. The Commission then proceeded to the trial of Samuel B. Hearn. The Judge Advocate, having read the order concerning the Commission in the presence of the accused was then asked if he had any objection to any member named in the order to which he replied in the negative. The Commission, the judge advocate, the reporters, the clerk and the orderlies were than sworn in the presence of the accused, the accused having then been asked if he wished to have the assistance of counsel for his defense, he replied in the negative. The accused was then arraigned on the following charges and specifications:

Charges and specifications against Samuel B. Hearn, now or late of the Army of so-called-Confederate States.

Charge 1:

Acting as a spy. Specification- In this, that Samuel B. Hearn, now or late of the Army of the so-called Confederate States, in a time of war and rebellion against the Supreme authority of the United States was during the month of April, 1864, larking as a spy, in and about the Ports, quarters and encampments of the Army of the Unites States, within the state of Maryland and on or about the 26th day of April, 1864, was found lurking as a spying and about the said encampments. Charge 2:

Violation of the laws of war as laid down in paragraph 86 of the general order, Ao 100, from the war department, April 24, 1863. specification: 1st-In this that the said Samuel B. Hearn , now or late of the of the Army of the so-called Confederate States , was, on or about the 26th day of April, 1864, engaged in the attempt to pass without lawful authority therefore, from the state of Maryland, within the lines of the army of the United states when at war with the so-called Confederate States into Virginia within the lines of the Army of the so-called Confederate States. Specification 2 -In this that he, the said Samuel B. Hearn, now or late of the Army of the so- called Confederate States, was on or about the 26th day of April, 1864, engaged without lawful authority therefore in aiding the transportation of goods, to wit, whiskey, alcohol, nails, and dry goods from the state of Maryland within the lines of the Army of the United States , then at war with the so- called Confederate States into Virginia within the lines of the Army of the so- called Confederate States. Specifications 3 -In this that he, the said Samuel B. Hearn, now or late of the Army of the so-called Confederate States, was during the months of March and April, 1864, engaged in intercourse by traffic and otherwise between the State of Virginia within the lines of the so-called Confederate States, then at war with the United States and the State of Maryland, within the lines of the Army of the United States, without lawful authority therefore, and did Pg. 4 at or about said time, without such authority pass from the said state of Virginia into Maryland , so as foresaid for the purpose of such unlawful intercourse and on or about the 26th day of said month of April, was engaged in the attempt to go and convey goods from the said state of Maryland, within the lines of the Army of the so-called Confederate States without authority. Wherefore (signed) W.L. Marshall, Judge Advocate, JH, Army Clerk.

To which charges and specifications, the accused pleaded as follows:

To the specifications of the First charge: "NOT GUILTY". To the first charge: "NOT GUILTY" To the first specifications of the second charge: "NOT GUILTY". To the second specifications of the second charge: "NOT GUILTY". To the third specifications of the second charge: "NOT GUILTY". To the second charge: "NOT GUILTY". The judge advocate here read and informed as evidence General Order No. 100, from the war department paragraph 86, section 5, dated April 24, 1863.

John A. Graham, called as a witness for the prosecution, being duly sworn, testified as follows: Question by Judge Advocate- State your name in full, your rank in the service and the station in which you were doing duty at the time that you came to Baltimore. Answer: My name is John A. Graham, I am Captain of company "B" First Eastern Shore Reg't. Maryland Volunteers; I am in command of the Coast Guard, headquarters in Deal's Island. Question: By Judge Advocate,-Do you or not recollect ever seeing the accused, at any time, here before you ? Answer: Yes. Question: By Judge Advocate, When the prisoner was so turned over to you did you or not institute any examination? Answer: I had him searched for papers that he might have upon his person and questioned him some. He produced a furlough granted for 20 days to get a horse, by his commander and signed by some commander of the Confederate Army. This was headed Richmond, Va. Question: By Judge Advocate: In your examination of the prisoner did he or not make any confessions to you as to who he was and what he was and where he was going? Answer: When he produced the furlough, he said he had been home to see his friends and that he lived somewhere in Laurel, Delaware, that he was then on his way back to rejoin his command in Virginia. Question: By Judge Advocate, Did you or not derive from the examination of the prisoner, at that time or statement as to when he left Virginia to go to his home in Delaware? Answer: He said he obtained a furlough to get a horse and as soon as he got his furlough, he made his way for that point and had been home to see his friends and his furlough was within two or three days of its expiration, then I think. Question: By Judge Advocate, Do you or not recollect the days of the furlough? Answer: I do not it was, it was dated in April, I do not recollect the day. It was somewhere near the first of April. Question: By the Judge Advocate, Did or did not the accused state to you where he had been and where he was going ? Answer: He said he had been home in Delaware and that he lived near the lines between Delaware and Maryland, and that he was from Virginia and was then was on his way back to rejoin his command in Virginia. Question: By the Judge Advocate, How was the accused dressed, when you saw him? Answer: I thought he was dressed in citizens clothes and he had on a blue pair of fustian pants, the same that he has on now. (blue) 5 Question: By the Judge Advocate, What style of coat had he on? Answer: I took it to be a Citizens coat, I do not recollect the color of it particularly. Question: By the Judge Advocate: There was nothing about his dress to indicate he was a soldier in either Army was there? Answer: I saw nothing. Question: By the Judge Advocate, Did you or not see him when his overcoat was taken off? Answer: The overcoat was taken off but what kind of coat he had under that, I do not recollect. I only recollect of one, there was three of them together. I recollect seeing one of them having a gray jacket on, but I do not recollect whether Mr. Hearn had or not. The government here closed the examination in chief of this business.

Cross- Examination: Question by the accused- Do you or not remember of seeing me with this same jacket on, when we got on board the boat to go to Salisbury, Did you or not see this one, Did you not see all of us with them on? Answer: I do not recollect of seeing but one with that kind of jacket on. Question: By the accused- were you or not told by the Corporal, that had command of the boat , that captured us, that there were two Confederate soldiers and three citizens ? Answer: I do not recollect. The overcoat was here produced and the prisoner recognized the coat as his and the witness now before the Commission thinks is the one the prisoner had on at that time. It is a dark, wooley coat with black buttons on, like a citizens coat, with nothing on it what so ever to indicate that it belonged to a soldier.

Wm. T. Stewart,

Called as a witness for the prosecution, being duly sworn, testified as follows: Question: By the Judge Advocate-State your name, position in the service and your present station. Answer: My name is William T. Stewart; I am first Corporal in Company "B", First Eastern Shore, Maryland' I was on coast guard duty in detecting blockade- runners in Tangiers Sound and Hollands Straits, Maryland. Question: By the Judge Advocate-Do you or not ever recollect to have seen the prisoner before ? Answer: Yes, It is Mr. Hearn that we took at Holland Straits. Question: By the Judge Advocate- State briefly and distinctly the circumstances under which you first saw this man, what you were doing at the time, How you came across him, where you found him, and what you did with him. Answer: I first saw him at the time I was called up we were in a canoe in Hollands Straits doing guard duty and Mr. Truitt saw then passing us and hailed the canoe. He said they did not answer and they shot a gun and by that time I was up . We boarded them and found five men on board. Their names were: Hurley, Hatton, Hearn, and Lyons. We took charge of them. I found on board two barrels of alcohol, two of Rye Whiskey, a ten gallon keg with whiskey in it , some two kegs of nails, some small quantity of leather and shoe thread, and a bundle with a suit of clothing in, resembling a Confederate suit without the buttons. Question: By the Judge Advocate-Did it or not resemble the jacket the accused has on and was it cut in the same style ? Answer: Yes, one suit was. Question: By the Judge Advocate: At the time you first saw the boat what was the direction in which it was sailing ? Answer: A westward direction towards the Chesapeake Bay and we supposed her to be making her way across to the western Virginia shore. Question: By the Judge Advocate: Did she or not have a fair wind ? Pg. 6

Answer: Yes, a fair wind, it was blowing about northwest. Question: By the Judge Advocate: What did you do with these men ? Answer: I took them to Deal's Island and reported them to Capt. Graham and he ordered me to take them ashore and the guard there took charge of them. Question: By the Judge Advocate: Did you or not have any conversation with these prisoners, at the time you captured them ? Answer: I had no personal conversation with the accused particularly until we took him to the headquarters at Deal Island. Question: By the Judge Advocate: What conversation did you then have with him? Answer: When I examined him, I told him I was to examine him to look for letters and in examining him I found his furlough. Question: By Judge Advocate: Where was that furlough dated ? Answer: Richmond. Question: By Judge Advocate:-What was it signed by ? Answer: I don't know; it seemed to be a furlough granted by an officer in the Rebel Army. Question: By the Judge Advocate- did you or not put any questions to the accused ? Answer: I asked him where he was from and he said he was from the state of Delaware and was bound to Richmond to the Confederate Service in Virginia, I never particularly examined the furlough at all. Question: By Judge Advocate: Did or did not the prisoner make any statement to you to the effect, that he regretted his arrest in as much as his furlough was expiring and he wanted to be back ? Answer: I think he did . He stated he had been to his home in Delaware. Question: By the Judge Advocate-How was the prisoner dressed when you saw him ? Answer: In a citizens suit, He had on a dark brown coat. Question: By the Judge Advocate-Do you or not think that you would recognize the coat if you saw it ? Answer: I don't know. Question: By the Judge Advocate-Was it or not a coat resembling this one ( the coat produced in court) ? Answer: There was one had a coat on like this. Question: By Judge Advocate- Did he or not present the appearance at the time of a citizen ? Answer: Yes. Question: By Judge Advocate-Was there or not anything in his outward dress to indicate that he belonged to any Army ? Answer: No, I never had any idea that he was a soldier until I found the furlough.

The Government herein closed the examination-in-Chief of this witness.

Cross-Examination.

Question by the Accused: When you reported to Capt. Graham, Did you or not tell him that you had captured a boat with two Confederate soldiers and three citizens, on board ? Answer: Not in the first place, I told him I captured a boat with whiskey and five men and he told me to take them to Sergeant Haywood and put them under double guard. Question by Accused: You did not say anything about two Confederate Soldiers did you ? Answer: No when I found your furlough , I asked how many of you were soldiers , and you said there was one more besides yourself. Question by the Accused: Did you or not see anything in my suit , but what looked like a citizens suit ? Answer: Not to my recollection. Pg. 7

Question by accused: Do you or not recollect of seeing me with the same clothes on, I have on now ? Answer: No. Question by accused: Did you or not go up with us next morning to Salisbury ? Answer: I did not. Question by accused: Were you at the house next morning , after day ? Answer: I was. Question by Accused: Did you or not remember seeing me there next morning ? Answer: I do. Question by Accused: Do you or not recollect of seeing me with the same suit on there , I have on now ? Answer: I think you had on a Confederate Jacket , before you left the place. Question by the Accused: It was cool enough that night for a man to wear an overcoat, was it not ? Answer: yes.

By the Commission:

Question by the Commission: If the prisoner had had on the same clothes he has on now , would you or not been likely to notice it at the time you examined him ? Answer: If he had had a Confederate suit on, at the time I examined him it was under the other dress. Question by the Commission: Is it to the best of your recollection or not that he had on any other clothes besides the overcoat ? Answer: He had another coat under I thin;I am not sure. Question by the Commission: Did you or not have any suspicion from his dress that he was a Confederate Soldier ? Answer: I had not until I found his furlough. Question by the Commission: Would it or not have been possible for him to have had on a coat like the one he has on now without your having noticed it as a military coat ? Answer: I would have seen it when I examined him . The furlough was in his pocket; He took it out himself and opened it himself. When I first saw the furlough it was folded up. I asked if it was not the bill of his goods and he said "no, it was the furlough "; and I said , " You are a Confederate Soldier are you" ? and he said "yes". Question by the Commission: The first information that you had that he was a soldier was by his telling you, when you asked him about that paper, that was his furlough, was it or not ? Answer: yes. Cross-examination resumed: Question by Accused: Were you or not aboard the boat we were taken on that night ? Answer: I came on board when I first came along side and went on to my own. I did not examine you , but asked if you had any arms with you. Question by the Accused: Did you or not believe that it was light at the time for you to tell what kind of suit I had on ? Answer: Yes, if you had been dressed in your uniform buttons , I could have seen them. The moon was shinning and it was clear. Question by the Accused: Did you or not see this jacket, when you searched me ? Answer: I recollect searching your pockets , but I don't recollect seeing any jacket to my knowledge that was uniformly trimmed. Question by the Accused: You think I had on two coats over this do you ?

Answer: I though you had on two coats; I don't know whether you had that on or not. I saw you wish the jacket on while you were in prison.

Robert Truitt, Called as a witness for the prosecution, being duly sworn, testified as follows: Question by Judge Advocate-What is your name in full and what position do you hold in the United States Service ?

Answer: My name is Robert Truitt and I am a Private of Company "B", First Eastern Shore, Md. Question by Judge Advocate- where, have you been stationed for the last few months ? Answer: On Deal's Island. Question by Judge Advocate-Were you or not there, as long ago as last April? Answer: yes. Question by Judge Advocate: What duty were you engaged in ? Answer: On the Coast Guard duty on the water. Question by Judge Advocate-Were you or not there, on or about the 26th of April, 1864 Answer: yes. Question by Judge Advocate-What was the occasion on which you first saw him? Answer: I first saw him on a canoe in Hollands Straits the 26th, April, 1864, in the night between one and two o'clock, I was on guard duty there in a canoe. Question by Judge Advocate-Which way was the canoe making? Answer: Through the straits, to the Chesapeake Bay in a westerly direction. Question by Judge Advocate-Did you or not have a fair wind ? Answer: Yes the wind was blowing northwest. Question by Judge Advocate-What did you do when you saw this canoe ? Answer: When we got in hailing distance, I hailed her three times and then shot my gun across her bow. She, then, hove-to. Question by Judge Advocate-Did you or not board her then ? Answer: Yes. Question by Judge Advocate:-What did you find on board, when you got there ? Answer: Two barrels of Alcohol, and whiskey, some bundles, and some two keys of nails, I believe, and five men the prisoner here was one. Question by Judge Advocate- How was he dressed when you saw him ? Answer: In Citizens clothes. Question by Judge Advocate- Did you or not see anything about him that would make you suspect him of being a soldier ? Answer: No not that night. Question by Judge Advocate-Did you or not have any conversation with the prisoner Answer: No, none at all. Question by Judge Advocate- You did not hear him say where he had been or where he was going, did you? Answer: No. Cross-Examination: Question by Accused: Did you or not say I was dressed in Citizens clothes? Answer: Yes Question by Accused: Was it or not so dark that you could not have told this suit I have on, from a citizens suit? Answer: It was not very dark. I could have told this suit from a Citizens suit. Question by Accused: Do you or not recollect to have seen me next day after we were taken to Deal's Island. Answer: I saw you before you went to Salisbury. I took no particular notice about your jacket next day, but I did that night about your dress. Pg. 9 Question by Accused: Did or did not the Corporal that commanded the boat, when Capt. Graham asked, What he had there, say that he had some barrels and two Confederate Soldiers and three citizens? Answer: I did not hear him tell that; He said he had some men there. I did not know you were Confederate Solders at that time. He carried you on shore before he searched your person and found your furlough. He did not know you were Confederate Soldiers when he reported you to Capt. Graham.

The Government here closed the prosecution.

Brenton Lyons,

Called as a witness for the defense, being duly sworn, testified as follows:

Question by Accused: What is your name, in full, your place of residence, and your occupation? Answer: My name is Brenton Lyons, Sussex, County, Delaware was my place of residence and I am attached to the Southern Army as a private. Question by Accused: Where was your last station? Answer: Hanover Junction. Question by Accused: Do you or not know me? Answer: Yes, you are a member, of my Company, we left Virginia together. Question by Accused: Do you or not remember whether I had on this same suit that I have on now? Answer: Yes, you wore that same jacket from the camp. I don't think you wore those pants in camp; you had another pair of pants. Question by Accused: Do you or not remember whether I wore that coat (the one produced and identified) from camp? Answer: I think you did, I am sure you did, you had worn it there for some time. You had another coat besides that, but you were surprised at , since you lost the other at German's Ford and shot in the one you wore. Question by Accused: Was or was not that coat drawn at new market? Answer: I cannot say positively. I know a lot of Citizens clothes were issued at new market to our Battalion. Question by Accused: Have privates in our Army any particular uniform overcoats? Answer: I think not, I have seen them of all colors and all shapes. Question by Accused: Do you or not recollect whether I wore this jacket all the time that we were together? Answer: I think you wore it all the time we were together. Question by Accused: Do you or not recollect whether I wore the overcoat all the time or whether there was not part of the time that I had my overcoat off? Answer: I think through the heat of the day or when you were, warmed, by walking , you would take off your overcoat. The Accused here closed the Examination-in-Chief of this witness.

Cross-Examination:

Question by Judge Advocate- You stated in your Examination-in-Chief, that you left Hanover Junction with the prisoner, did you not? Answer: yes Pg. 10 Question by Judge Advocate- At what date did you leave? Answer: I am not able to say; It was sometime near the 1st of April. Question by Judge Advocate- What was the date of your furlough? Answer: I cannot tell it must have been the 8th or 9th of April, because it had two days to run yet. Question by Judge Advocate- You were together the time were you not? Answer: Nearly all the time. Question by Judge Advocate- From what point in Virginia , did you start for the Maryland shore? Answer: Somewhere south of the Potomac on the Chesapeake Bay. Question by Judge Advocate- how did you get across? Answer: In a canoe. Question by Judge Advocate-Where did you land? Answer: I don't know the point, we landed on the eastern shore of Maryland. Question by Judge Advocate- Were or were not any of our troops stationed where you landed? Answer: I did not see any. Question by Judge Advocate- By what route did you reach Baltimore? Answer: We landed and went on by some state or county road we walked, we walked through Somerset County, and I don't know but we might have walked through part of another county. Question by Judge Advocate- Did you or not pass through or near any of our encampments on the way? Answer: I did not see any.

The Accused having no further testimony to offer and not desiring to present any written defense and the Judge Advocate having no argument to make in the case, it was then submitted to the Commission.

Findings of the Commission:

The Commission was then cleared and, after Maturely deliberating upon the testimony adduced, find the accused, Samuel B. Hearn, as follows: Of the Specifications of the first charge: "Guilty" Of the first charge: "Guilty" Of the first specifications of the second charge: "Guilty" Of the second specifications of the second charge: "Guilty" Of the third specifications of the second charge: "Guilty", except the words "by traffic and otherwise," and the words "Convey goods from. Of the second: "Guilty"

Sentence:

And the commission do therefore sentence him, the said Samuel B. Hearn, in accordance with the law as laid down in section 38 \, act of Congress , approved March 3rd , 1863, to be hung by the neck until dead, at such time and place as the Commanding General may designate - two-thirds of the commission concurring therein.

H.D. Munson, Lt. Col. 159 O.T.G., president Commission Pg. 11 W.M. Este, Maj. Vadc, Judge Advocate

Headquarters Middle Department, 8th Army Corps, Baltimore, August 8th, 1864.

The proceedings, finding and sentence in the foregoing case of Samuel B. Hearn, are approved and confirmed and the sentence will be carried into execution. The above named prisoner will kept in solitary confinement in irons under strict guard at Fort Mc Henry, until the twenty-ninth (29th) day of August 1864, on which day between the hours of to5o'clock A M and 8o'clock, A M he will be executed at Fort McHenry and according to the above sentence, under the orders and others in tendance of the officer in command at said Fort. G W Waller, Major General, Commanding.

The sentence in this case is commuted to confinement at hard labor in the penitentiary during the war. August 27th, 1864 A. Lincoln Seal

War Dept. Aug. 29th, 1864 Case of : Sam'l B. Hearn BB15/4581 Respectfully referred to the Adjutant General, to issue the order giving effect to the president s action, the penitentiary at Albany, N. Y. designated as the place of confinement. Jas A Hardie