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North Carolina, December 6, 1867; tried by a military commission under General Orders No. 103, from headquarters second military district, 1867; convicted of robbery and carrying a concealed deadly weapon; sentenced to be imprisoned at such place as the major general commanding the second military district shall direct, for the period of four years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

9. Butler Glover, Edgefield, South Carolina, black; committed at Fort Macon, North Carolina, July 12, 1867; tried by a provost court under Special Orders No. 87, headquarters second military district, 1867; convicted of highway robbery; sentenced to be confined at hard labor for the period of five years, at such place as the commanding general may direct; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

10. Heywood Bell, Darlington district, South Carolina, black; committed at Fort Macon, North Carolina, February 28, 1868; tried by a provost court under Special Orders No. 16, from headquarters second military district, 1868; convicted of grand larceny; sentenced to impriso: ment for two years at hard labor, at such place as the commanding general may direct; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

11. Sam Perry, St. Helena island, South Carolina, black; committed at Fort Macon, North Carolina, April 9, 1868; tried by a provost court under Special Orders No. 47, from headquarters second military district, 1868; convicted of stealing; sentenced to be confined for the period of 18 months, at such place as the commanding general may direct; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

12. Fred Maxfield, Berkeley county, South Carolina, black; committed at Fort Macon, North Carolina, April 9, 1868; tried by a provost court under Special Orders No. 47, from headquarters second military district, 1868; convicted of compound larceny and larceny; sentenced to imprisonment at hard labor, at such place as the commanding general may direct, for a period of two years; mitigated to one year's imprisonment at hard labor; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D), C., October 30, 1868; copy enclosed herewith and marked A.

13. Isaac Owens, Kershaw county, South Carolina, white; committed at Fort Macon, North Carolina, April 10, 1868; tried by a military commission under General Orders No. 58, from headquarters second military district, 1868; convicted of manslaughter; sentenced to be confined at hard labor, for the term of five years, at such place as the commanding general shall direct; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

14. Albert Kew, Hilton Head, South Carolina, black; committed at

Fort Macon, July 13, 1868; tried by a provost court under Special Orders No. 147, from headquarters second military district, 1868; convicted of larceny; sentenced to be confined at hard labor, for the space of one year, at such place as the major general commanding may direct; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, datel Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

15. Jack Miller, St. Helena island, South Carolina, black; committed at Fort Macon, North Carolina, August 7, 1868; tried by a military commission, under General Orders No. 38, from headquarters second military district, 1868; convicted of manslaughter; sentenced to be confined at hard labor, at such place as the commanding general mar (lirect, fo' the period of two years; transferred to Phineas F. Frazee, sheriff oz Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

16. Caleb Chamberlain, Edgefield county, South Carolina, black; committed at Fort Macon, North Carolina, August 7, 1868; tried by a provost court under Special Orders No. 188, from headquarters second military district, 1867; convicted of burglary; sentenced to be confined at hard labor, at such time and place as the major general commanding may direct, for a period of nine years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

17. Henry Howle, Edgefield county, South Carolina, black; committed at Fort Macon, North Carolina, August 7, 1868; tried by a provost court under Special Orders No. 188, from headquarters second military district, 1867; convicted of burglary; sentenced to be confined at hard labor, at such time and place as the major general commanding may direct, for a period of nine years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

18. John McCord, Edgefield county, South Carolina, black; committed at Fort Macon, North Carolina, August 7, 1868; tried by a provost court under Special Orders No, 188, from headquarters second military district, 1867; convicted of burglary; sentenced to be contined at hard labor, at such time and place as the major general commanding may direct, for a period of nine years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

19. Henry McCord, Edgefield county, South Carolina, black; committeri at Fort Macon, North Carolina, August 7, 1868; tried by a provost court under Special Orders No. 188, from headquarters second military district, 1867; convicted of burglary; sentenced to be confined at hard labor, at such time and place as the major general commanding may direct, for a period of nine years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

20. Michael Kelly, late private Co. G, 6th infantry, white; committed at Fort Macon, North Carolina, April 6, 1868; tried by a military commission under General Orders No. 16, from headquarters second military district, 1868; convicted of arson, assault with intent to commit a rape, and assault and battery; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of five years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A.

21. John Donohue, late private Co. G, 6th infantry, white; committed art Fort Macon, North Carolina, April 6, 1868; tried by a military commmission under General Orders No. 16, from headquarters second military district, 1868; convicted of arson, assault with intent to commit a rape, and assault and battery; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of five years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 29, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D, C., October 30, 1868; copy enclosed herewith and marked A.

Isaac Wilson, Co. C, 40th infantry, black; committed at Fort Macon, North Carolina, May 27, 1868; tried by a military commission under General Orders No. 85, from headquarters second military district, 1868; convicted of manslaughter; sentenced to 10 years' imprisonment at hari labor, with dishonorable discharge and loss of all pay and allowances; escapes November 14, 1868, by jumping from the car window while en route to the civil authority at Newbern, North Carolina.

22 and 23. James Stephens and Barnett McDaniel, privates Co. D), 40th infantry, black; committed at Fort Macon, North Carolina, May 30, 1868; tried by a military coinmission, and convicted of murder; awaiting promulgation of sentence; proceedings of the commission forwarded from headquarters second military district, May 25, 1868, for the action of the President; transferred to John K. Terry, sheriff of Colleton county, South Carolina, November 14, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D.C., October 16, 1868; letter of instructions, with the action of the department commander endorsed thereon, returned to the Adjutant General of the army, January 11, 1869.

WM. H. SMYTH, Captain 16th Inf., Breret Major U. S. A., Acting Judge Advocate.

HEADQUARTERS DEPARTMENT OF THE SOUTH,

OFFICE OF JUDGE ADVOCATE,

Atlanta, Georgia, February 13, 1869. Report of prisoners tried and sentenced by military tribunals in the late third

military district, who have been turned over to the ciril authorities. 1. William J. Brannen, Decatur county, Georgia, white; committed at the Georgia State penitentiary, date unknown; tried by a military commission under General Orders No.96, from headquarters third military district, 1868; convicted of malfeasance in office, and voluntary manslaughter; sentenced to pay a fine of $250, and to be confined in such military prison or penitentiary as the major general commanding third military district may direct, for the period of 20 years; mitigated to confinement at the penitentiary of the State of Georgia for a period of 10 years. This prisoner is the only one tried by military commission, in

the late third military district, who was undergoing punishment by virtue of the sentence of such commission, at the cessation of military authority in the States composing that district. The penitentiary of the State of Georgia having been designated as the place of confinement of the prisoner, when that State was subsequently reconstructed he passed under the control of the State authorities.

WM. H. SMYTH, Captain 16th Int., Brevet Major U. S. A., Acting Judge Advocate.

HEADQUARTERS DEPARTMENT OF LOUISIANA,

STATES OF LOUISIANA AND ARKANSAS,

Nero Orleans, La., February 18, 1869. GENERAL: I have the honor to acknowledge receipt of copy of resolution of the House of Representatives, 40th Congress, of February 2. 1869, which reads as follows:

FORTIETH CONGRESS, THIRD SESSION--CONGRESSOF THE UNITED STATES.

IN THE HOUSE OF REPRESENTATIVES,

February 2, 1869. On motion of Mr. Paine, from the Committee on Reconstruction, Resol red, That the Secretary of War be directed to inform this house whether any district commander has turned over for trial or punishment, to the civil authorities of any reconstructed State, any persons who have been tried, convicted, and sentenced for offences by military tribunals while such State was under military government, and who were undergoing punishinent pursuant to sentences so rendered, and if any such cases have occurred to inform this house of the facts in each case. Attest:

EDWD. MCPHERSON, Clerk.

In reply thereto, I beg leave to state that supposing the resolution to refer to the case of A. M. D. C. Lusk, civilian, I enclose herewith copies of all the papers in his case necessary to explain the action of the cominanding officer of the department of Louisiana thereon.

No other case coming under the above resolution has occurred within this department. I am, sir, very respectfully, your obedient servant,

ROBT. C. BUCHANAN,

Breret Major General U, . Army, Commanding. ADJUTANT GENERAL U, S. ARMY,

Washington, D. C.

HEADQUARTERS FIFTI MILITARY DISTRICT,

New Orleans, La., July 21, 1868. GENERAL: I have the honor to state, for the information of the Secretary of War, that I am desirous of breaking up the military prison in this city, for the continuance of which I no longer see any necessity; and therefore respectfully request to know whether there would be any objection to transfer to the guard-house at Ship island prisoner A. M. D. C. Lusk, citizen, charged with murder.

The proceedings of the military commission in his case were forwarded to the Judge Advocate General for the action of the President about the 1st of September; no reply has been received.

The transfer to Ship island is asked for until action may be taken in his case.

The continuance of the military prison in this city involves the necessity of keeping a guard constantly there, and a medical officer for attendance on the sick.

I propose to transfer the enlisted men to the guard houses of the adjoining posts, and thereby save a considerable expense to the government for the rent of the building which belongs to the city of New Orleans. I have the honor to be, very respectfully, your obedient servant,

ROBT. C. BUCHANAN,

Brevet Major General, U. S. Army, Commanding. ADJUTANT GENERAL U. S. ARMY,

Washington D. C.

HEADQUARTERS DEPARTMENT OF LOUISIANA,

Neuc Orleans, February 18, 1868.

Official copy :

GEO, BALDEY, Captain 39th Infantry, A. A. A. G.

[Telegram.)
HEADQUARTERS DEPARTMENT OF LOUISIANA,
STATES OF LOUISIANA AND ARKANSAS,

New Orleans, La., August 7, 1868. ADJUTANT GENERAL, U. S. A.:

Can I make disposition of a citizen prisoner, A.M.D. Lusk, as requested in communication of July 21, 1868. The city council have applied for possession of the military prison.

ROBT. C. BUCHANAN, Breret Major General U. 8. Army, Commanding. HEADQUARTERS DEPARTMENT OF LOUISIANA,

New Orleans, La., February 18, 1869. A true copy :

GEO. BALDEY, Captain 39th Infantry, A. D. C. and A. A. A. G.

[Telegram.]

WASHINGTON, D. C. August 10, 1868. Removal of prisoner, A. M. D. Lusk, to guard-house at Ship island, Mississippi, approved by Secretary of War.

E. D. TOWNSEND, Assistant Adjutant General.

HEADQUARTERS DEPARTMENT OF LOUISIANA,

New Orleans, La., February 18, 1869.

A true copy:

GEO. BALDEY, Captain 39th Infantry, A. A. A. G.

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