CX)RNELL IJNIVERS1T5C LIBRARIES ITHACA, N. Y. 14853 JOHN M. OLIN LIBRARY Cornell University Library E608.B35 L93 Memoir of John Yates Beall olin 3 1924 030 908 622 Cornell University Library The original of tliis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030908622 MEMOIR. MEMOIR OP JOHN YATES BEALL : HIS LIFE ; TRIAL ; CORRESPONDENCE ; DIARY; AM> PRIVATB MAlfUSORIPT FOUND AMONG HIS PAPERS, INCLUDING HIS OWN ACCOUNT OP THE RAID ON LAKE ERIE. MONTREAL: PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 1865. TO THE PUBLIC. In a letter -written by the subject of this Memoir to the authorities of the Confederate States, he expressed the hope that if they could not protect his life they would at least vindicate his memory. About the same time the author addressed a letter to a mutual friend, in which he stated that if every effort to save his Ufe should fail, he (the author) would place all the facts fairly and fuUy before the world, so that they might judge impartially between the condemned man, and his executioners. The author has felt himself bound, therefore, by a promise to give to the public such facts of the case as have been withheld from them, and he has, at the same time, availed himself of the opportunity to give to history, as far as lay in his power, the whole career of John Yates Beall during the progress of the late war. Finding, moreover, among his papers, a Diary kept by himself, embracing a period of two years or more, the author has published it, first, on account of its interest as a running commentary on the events of the war, as they transpired ; and secondly, as reflecting his general views, political sentiments,. and rehgious convictions. In regard to this Diary, however, it should be remembered that it was written hurriedly, and apparently almost as rapidly as thought itself, without any revision or correction by its author, and was evidently never intended for any eye but his own. In it he, as it were, holds the mirror up to his own bosom. Hence its style is familiar,, even colloquial, and will be recognized by his friends as a much better specimen of his conversatio •' i i literary ability. It will be seen by his letters written in prison, that, when writing for other eyes than his own, his style was dis- VI TO THE PUBLIC. tinguished by a simplicity, perspicuity, and nervous concen- tration rarely excelled. In regard to this correspondence the author would state that there was one letter written to General Dix of which no copy was furnished Mr. Beall's friends, and another to a member of General Dix's staff, of which no copy coiild be obtained by him in time for insertion herein. With these exceptions, and except directions in connection with his will, every letter written during his imprisonment of which the author has any definite knowledge, has been inserted. The reader of this volume, therefore, will have material sufficient to enable him to form a proper estimate of the character, principles, and motives of John Yates Beall. " The protest of right against deeds persists forever," — in this eternal protest Beall's death may be regarded as a most eloquent, and emphatic appeal to the whole world ; its sub- limity has excited in the world a profound interest, and they are entitled to all the facts and incidents which can be fur- nished in regard to him. Impelled by this conviction, the author has kept nothing back which could shed light upon his character — " his virtues not extenuated wherein he was worthy, nor his offences enforced for which he suffered death." Posterity, which will need no other evidence than that of his enemies to believe him to have been, like Sidney, " a man of most extraordinary courage — a steady man even to obstinacy," will be enabled, through the testimony of his friends^, to recognize other points of resemblance, in the inte- grity of his motives, the incorruptibility of his principles, and the injustice and illegality of his condemnation. Juhj 25th, 1865. CONTENTS. I. LIFE l_9a Chap. I. — Birth in the Shenandoah Valley of Virginia. — Family, and descent from Sir William Howard, or "Belted Will." — Education at the TJniTersity of Virginia. — Participates in the war. — Is a private in the Stonewall Brigade ; and is wounded under Tvirner Ashby. Chap. H. — Operations as a Prirateer on the Chesapeake Bay. — Bennett G. Burley and Jofin Maxwell. — Roy McDonald. — They cut the telegraphic cable between Cherrystone and Old Point Comfort. — Beall destroys Cape Charles Light-house. — The Swan and the Raven. — Captures the Alliance and the Samuel Pearsall. — Is captured in Tangier Bay. — Chained in Fort Lafayette, and refuses to have his manacles stricken off. — General B. P. Butler has him released and returned as an exchanged officer. — He re-visits Canada. Chap. III. — Raid on Lake Erie. — Attempt to release the Confederate prisoners on Johnson's Island. — With Bennett G. Burley, he captures the Philo Parsons and the Island Queen. — Captain Cole,, his colleague. — His crew mutiny. — Return to Canada. Chap. IV. — Raid on the Dunkirk and Buflfalo Railway — Original project, and disappointments. — Accompanies Lieut. Colonel Martin, who attempts to remove a rail from the track. — Is cap- tured at Niagara City. — Detective Young and U. S. detectives in Canada exposed. — General John A: Dix does not desire to give him a fair trial. — His condemnation by a military tribunal. Chap. V. — How he receives the announcement of his condemnation. — Letter to James A. L. McClure, Esq., and to his brother WUliam. — Efforts made to obtain a reprieve or pardon. — A respite granted. — President Lincoln says, " That man's case is closed." — General Dix says, " There is not a gleam of hope." — Interview with his mother. — With Dr. Weston. — With Messrs.. Ritchie and McClure. — Sublime heroism of his death. — Conclu- sion. n. TRIAL 91—216 m. CORRESPONDENCE 217—223 IV. DIARY. — His account of the Lake Erie Raid 224— 29'Z JOHN YATES BEALL. CHAPTER I. His birth — descent &om Sir William Howard, or " Belted Will "—Education at the University of Virginia — Participates in the ReTOlution — A private under Stonewall Jackson — Is wounded under Turner Ashb)' — Escapes through the Federal lines to Canada. The Valley of Virginia, before its invasion by a Federal army, was one of the most beautiful regions on the continent, or perhaps in the world. From the romantic union of the waters of the Potomac and Shenandoah at Harper's Ferry, on the north and east, to Fisher's Gap, the top of the Blue Ridge, on the south and west, the traveller or tourist passes through a stretch of country which, in times of tranquillity, teems with the richest productions of our temperate latitudes. Jefferson, the extreme northern and eastern county of the Valley of the Shenandoah, has been named the " Garden Spot " of Virginia. For magnificence of scenery, fertiUty of soil, wealth, cultivation, and refinement of its inhabitants, no rural district of the United States excelled it. Harper's Ferry stood in relation to the Valley as the pass of Mor- garten to Switzerland, or that of Thermopylae to Greece, — it was the door or gate, while Jefferson was the threshold, through and over which an entrance was effected from the east. It was in the heart of this beautiful country that John Yates Beall was bom on the first day of January, 1835. Walnut Grove, the farm of his father, George Beall, large in extent, fruitful in soil, and most highly improved by cul- 2 MEMOIR OF JOHN YATES BEALL. tivation, took the premium at one of the State agricultural fairs of Virginia, as the " model farm " in her limits. This was not surprising, looking at the character of George Beall, and the natural advantages of his farm. Few men excelled him in energy, industry, and systematic attention to business. He was the son of Hezekiah Beall, and either his father or grandfather is set down by Kercheval, in his " History of the Valley of Virginia," as one of the earliest settlers. The family is believed to be the same as that of Georgetown, District of Columbia, after one of whom that town was named. Upon the father's side, John Y. Beall was in some way related to the McGruders, which is the English or American corruption of McGregor, the patronymic of the celebrated Rob Roy. Jean McGregor, the granddaughter of Rob Roy, married one Alexander McGregor, doubtless a kinsman, who, upon her death, early in this century, removed to America, and from whom are descended the McGruders of Maryland and Virginia. But if upon the father's side John Y. Beall had in his veins the blood of the McGregors, upon his mother's he was descended in the direct line from " Belted WUl," whose " Bilboa blade, by Marchmen felt, Hung in a broad and studded belt." Francis Yates, who was the first of his name who settled in Cumberland, England, was descended from an honorable family in Shropshire. He became Rector of Moresby, near Whitehaven, and Incumbent of St. James's in that town. He married Elizabeth, daughter of ■ Wilson, Esq., and niece of Right Rev. Thomas Wilson, Bishop of Sodor and Man, a prelate of piety and distinction in the reign of Queen Anne. They had one son, also Francis, Rector of Gargreve in Yorkshire, England. He married! Anne, eldest daughter of William Orfeur, Esq., of Highclove, MEMOIR OP JOHN YATES BEALL. 3 by Jane, daughter of Micliard Lamplugh of Ribton, and representative of Sir Christopher Lowther of Whitehaven. William Orfeur of Highclove, -vva? descended in the direct line, and but four generations removed from Sir William Howard, called by the Borderers " Belted Will," the hero of the " Lay of the Last Minstrel." Francis Yates, and Anne his vrife, had one daughter Jane, who married John Matthews of Wizton Hall, and three sons, the eldest of whom, Charles, became an American merchant, and, amassing a con- siderable fortune, settled in Virginia ; Lowther, the second son, entered the Church, in which profession he attained con- siderable distinction, being a Doctor of Divinity, Master of St. Catherine's Hall, Cambridge, Vice-Chancellor of that University, a King's Preacher, Canon of Norwich Cathedral, and Rector of in the county of Cork, to which living he was presented by his cousin Grace, Countess of Middlesex. John Orfeur, the third son, married Mary, daughter of Henry Aglionby* of Nunnery, by Anne, daughter of Sir Christopher Musgrave of Edvilwell. They had two daughters and three sons, the second of whom, John Yates, the grandfather of John Yates Beall, was adopted by his uncle Charles Yates, and at the age of thirteen was sent out to Virginia, and eventually succeeded to the large landed estates of his uncle in this state. John Yates was a man of strongly marked character, and left his impress on the community in which he resided. He had a strong, clearly-cut English face, which, in early life, must have been very handsome. The tightly compressed * The Aglionbys of Nunnery, in the county of Cumberland, are a very ancient family, being descended from Walter D'Aguillon, (whose name was in process of time corrupted into Aglionby), who came to England with William the Conqueror &om Normandy. The following account of them is found in Reference Book of Heraldry: "Aglionby, originally of Aglionby, county of Cumberland, seated there shortly after tbe Conq^uest, subsequently of Carlisle and Nunnery, now represented in 'the female line by Henrj^ Aglionby Aglionby of Newbiggin Hall, M.F. for Cockermouth ; and by bis cousins, the daughters and co-heirs of the late tlajox Francis Aglionby of Nunnery. Arg. two bar^ and in cliief three martlets, Sa.— Crest a demi-cagle, displ. or.' 4 MBMOIE OF JOHN TATES BEALL. lips indicated great firmBess, wHle the expression of the eye gave earnest of the benignity and moral purity which were leading traits in his character. John Beall's face strongly resembled his grandfather's ; at the same time there was not wanting to his features something of the peculiar inteUigence, energy, and shrewdness of his father, George Beall. There was always, however, in his face a slight shade of sadness ; of late years, since the war, this expression had deepened, until it became more palpable, more fixed and habitual. This he explains himself in a letter published on a succeeding page of this volume, in which he says, with feeling ! " I am old, pre- maturely old — exposure, hardship, suffering, the drain of an unhealed wound, anxiety, hope deferred, have done the work of time on the body : they have not quenched my spirit, nor impaired the tenacity of my will." This was said in November, 1862. Two years of further, and greater trial, hardship, exposure, danger, imprisonment, indignity, and the approach face to face of death, never availed to quench his spirit, nor impair the tenacity of his will, even to the last. Up to the time of the breaking out of the war between the sections of the United States, there had been nothing remark- able in the career of young Beall, who was then twenty-six years of age. He had finished his education at the Univer- sity of Virginia, where he remained three years, commencing with the session of 1852-53 : his collegiate course was distin- guished by nothing except a quiet, studious attention to all its duties. The author of this memoir was for a considerable portion of this period his room-mate, and during the whole of it his " most intimate friend." He was entirely unambitious of college distinctions, as he was equally indifferent to fame, when he came to play his part on the wider theatre of life. The modesty and reserve of his character combined to render the circle of his acquain- tance at college very limited. With professors he had no MEMOIR OF JOHN YATES BEALL. 5 intercourse out of the lecture-room, where he enjoyed that consideration and respect, to which a studious, retiring gentle- man was entitled, and which at this institution he ever com- manded. Within the narrow circle of his intimate friends he was much beloved, and recognised as a character as gene- rous and fearless as he was modest, reticent, and retiring. During his last session at the university he took the' classes of junior law, and political economy. In both of these he was profqundly interested, and was persuaded by his friends to take such distinctions upon one or both as the college course allows : these were the only diplomashe ever received or stood for. His father, George Beall, belonged to the " Virginia School '" of politics — the States-Right-Democratic party; his grand-father, John Yates, on the other hand, retained all his Engli«h conservatism, and was a warm adherent of the Federal or Whig party. It has been stated that, on one occasion, he refused to aid in the election of his son-in-law, George Beall, to the Virginia Legislature on the ground of their difiference in political opinions. This was characteristic of the inflexible devotion of John Yates to principle. This preference of English conservatism over Anglo-American radicalism, his neighbours called " prejudice." He had left England an orphan boy, but thirteen years old ; he had been nurtured in the school of her chivalry, which taught that an insult unre- sented became a stain ; and, ere he had been in Virginia long, he was forced to the field of honour, where he received a painful but not a dangerous wound. This was before his removal to Jefferson County to reside. To the end of his life, John Yates was an Englishman in spirit ; he was never denationalized upon the one hand, nor naturalized upon the other. It was not strange, therefore, that at an advanced age, his end, as it were, in hailing distance, he should desire to return to the "old country" to die. He did so, and took with him a fair-haired, blue-eyed grandson,, and name- 6 MEMOIR OF JOHN YATES BEALL. sake of fifteen or sixteen years— John Yates Beall. Througli his last illness, and up to his death at the Nunnery, joung Beall watched by the bed-side of his grandfather, and then returned to the United States. His recollections of this visit were always of the most agreeable character, and, up to the time of his capture, he kept up a correspondence with his cousins across the water. John Beall had thus inherited, and cherished by associa- tion, a strong love of order, peace, and stable government ; the teaching of his father, on the other hand, indoctrinated him into the Virginia School ; and the ardour of his devotion to States rights, as understood by Jefferson, embodied in the famous Kentucky Resolutions of 1799, or taught by Madison and set forth in the stiU more celebrated Virginia Resolutions of 1798-1799, was not likely to be cooled under the shades of Monticello, and beneath the dome of the University of Virginia. The position of Beall, therefore, during the excite- ment antecedent to the commencement of actual hostilities between the sections, was both natural and logical. Loving order, he would have remained in the Union ; devoted to honour he could not submit to the degradation of assisting in the subjugation of the Cotton States, because, in the exercise of their undoubted right, they had decided to sever the con- nection between themselves and the other States of the Federal Union ; yet to this terrible alternative was Virginia driven by the tyrannical faction, then, for the first time, installed into the administration of the Government, and destined, in the end, to break down every guarantee of the Constitution, violate the most sacred principles of public liberty, and finally, to bring upon the country infinitely greater evils than disunion could ever have entailed. Virginia, who had taught her sisters of the Union that the right of secession not only existed, but was sanctioned by the spirit of the Constitution, and sustained by principles of international law older and more universal than that instrument itself, MEMOIR OF JOHN YATES BEALL. 7 could not be expected to unteach these doctrines at the point of the bayonet, or to aid in any such unholy design ; and John Beall, nurtured, reared, and educated under the teach- ings of the Vii'ginia School, saw in the contest in -which he offered up his life, a high and sacred political principle worthy of the sacrifice. From beneath the paternal roof to the dome of the university, and thence into the open sky of his own native and revered State herself, the " steps of his faith " led to no other conclusion than this — if wrong, it was Virginia's error, not his ; it was a heresy which had been sanctioned in turn by the popular vote of every State in the Union except Massachussetts ; and, with the knowledge of this fact, the text of the Declaration of Independence, the language of the Con- stitution, and the plain principles of international law before them, the world and posterity must judge between Virginia and her enemies. Having finished his collegiate career in June, 1855, John Beall returned to his father's house in Jefferson. He had chosen law as a profession, rather in deference to his father's desire, than in accordance with his own incUnation. He never obtained a license to practice, nor is it certain that he ever valued his legal attainments in any other light than (in the language of Sir WiUiam Blackstone) as " the proper accom- plishment of every gentleman and scholar — an essential part of hberal and polite education." It was about the 15th August, 1855, that, in company ■with his oldest sister, he started for Dubuque, Iowa. His oldest brother had been for some years a resident of that State, and was extensively engaged in business there. This was the early harvest, the " flush time " of North-Western land speculation. The empire of unsold public lands, donated chiefly by Virginia, to the Federal Government, as a trust- fund for revenue for its support, to diminish taxation, had; been converted, under the influence of unbridled democracy and unrestrained demagoguism, into a corruption-fund for 8 MEMOIR OF JOHN YATES BEALL. controlling the politics, and securing the balance of power in the administration of the country. The pauper of yesterday borrowed a few dollars, invested in a town-lot, and to-day awakes, like Abou Hassan in the Arabian tNights, to find himself a millionaire ! Railroad companies, school's, collegfes, churches, eleemosynary institutions — all have land given them to .ipeculate upon, and all speculate : — papeii money, the child- (or parent ?) of speculation, floods the country ; the path from "the rags to the purple, the hovel to the palace, is paved with shinplasters :" — " Wildcat" banks spring up; Nature is dethroned to the extent that preachers, lawyers, merchants, corporations, everybody is saying, '■'here there shall be a town, or there a watpr-power," where Nature hath said, " there, there shall not." It was in this financial harvest that John Beall had deter- mined to dip his scythe ; and had started, as above stated, for Iowa to reside for years at least, if not permanently. He and his sister, however, had got no further than New York city when a dispatch overtook them informing them of the dangerous illness of their father. They returned only to see him die. George Beall died on the 21st of August, 1855. The impression made on John's mind by this event was per- manent, and the effect upon his future career decided. He loved his father dearly, and, seven years after, thus feelingly speaks of his death : " Yesterday was the anniversary of father's death. Seven years have only shown our loss ; they have not blotted out his memory ! The loss of a father is one of the greatest that a family is called on to endure. It seems impossible to estimate it ! In our family, his strong hand would have ruled the children, and made all of us more subject — he would have restrained, and restraint was needed." The lesson of, his father's death was not lost upon young Beall. His mind upon religious subjects had oscillated be- tween absolute faith and absolute scepticism. The author MEMOIR OF JOHN YATES EEALL. 9 had sat with him beneath the sound, healthy, but not severely analytical lectures of the best teacher perhaps in America — Dr. McGufFey. Beall, at this period, evidently vacillated between a cynical dislike, almost amounting to contempt, for those plain, strong, mediocre minds who deemed it equal sacrilege to give or demand " a reason for the faith that was in them," on the one hand ; and a horror and dread of those who took refuge in Deism or absolute scepticism, upon the other. Upon the subject of religion he was unhappy ; his father's death resolved the riddle for him. His father was not a church-communicant, but his mother and sister were among the most devoutly pious of Christians. John had watched by the death-bed of both father and grandfather, and there was about each scene undoubtedly something of the moral sublimity of a strictly honest man's death. This lesson it was which aided in sustaining the son and grandson, when in a solitary cell, he revealed both his temptation and his triumph over it: " I saw father and grandfather die, and they both took great comfort from the thought that no one could say that they had, of malice aforethought, injured them." At the death of her husband, the family of Mrs. Beall consisted of herself and seven children, four daughters and three sons. The eldest son, Hezekiah, was, as I have stated, residing in or near Dubuque, Iowa. A widowed mother, four fatherless sisters, all younger than himself but one, and a younger brother scarcely in his teens — all appealed to John for protection and guardianship. The plan of his life was changed at the call of duty ; his dream of action and a wide scope for financial acumen and energy, the golden harvest in the West were all at once abandoned, and he took charge of his father's farm, as agent of, and manager for the executrix, &c., his mother. It is to this act of self-sacrifice on his own part that he alludes with satisfaction in his prison diary, pub- lished with his trial. " I never left my mother and sisters 10 MEMOIK OF JOHN YATES BBALL. voluntarily," &c. He never left them until his country called him to the field of battle in her defence. Yet this sentence, upon his trial, was used by the Judge Advocate to prove that John Beall was a eonseript ! The imperativ e force of patriotic duty, stronger than the call of a thousand conscript officers, could not project itself into the Judge Advocate's mind ! This was to have been expected from a member of a commu- nity who, according to one of their own countrymen,* reject truth itself unless it can be shown to " pay tender centT' But the death of George Beall was dfestined under God to produce a change upon his son's convictions greater than it necessitated in his business career ; and more important, in the proportion that things spiritual and eternal outweigh things material and temporal. His religious convictions, widened and deepened by his grief, wrought out a channel in his nature, and ever after controlled the current of his life. He united himself to the Episcopal church in Charlestown, the county seat of Jefferson, and very soOn ranked as a most active and energetic member in its administration. He represented the parish afterwards as a lay-delegate to the diocesan convention held at Charlottesville, Virginia The beautiful village church which he attended in Charlestown, the county-seat of Jefferson, formed no exception to the destruction, spoliation, and desecration which, during the pro- gress of the war, the Federal soldiery universally visited upon the temples of the Episcopal church. Being converted into a barracks, the walls soon became the receptacle of obscene texts, and pictures, while the platform on which the pulpit was erected served, with the excavation beneath it, for a " sink ;" the grave-yard attached, like the more imposing Presbyterian cemetery not far distant, was used as a common for the horses and cattle of the garrison. In order that the latter may not be suspected of sectarianism in their anger against God, and his " dwelling-houses" (as the common * WendeU PhiUips. I MEMOm OF JOHN YATES BEALL. 11 ■law and our ancestry styled churches), it may be stated that they used the Baptist chapel, in the same village, for a stable. About the time of John Brown's " Raid" upon Harper's Ferry and the contiguous farms of Jefferson, when that fanatic had been arrested in his career, and was undergoing trial in the Circuit Court of Jefferson, nuiiierous military organizations sprang up in Virginia to resist the further aggression of New England Conservatism. Among these was organized a company in Jefferson, under the command of Capt. Lawson Botts (a nephew of Hon. John Minor Botts of Virginia), who subsequently fought under Jackson from the first Manassas to the second and more fearful struggle on the same plains, where he received a mortal wo\md, having ia the meantime risen to the rank of Colonel in command of the 2nd Va. Regt. The " Botts Greys," as they were at first called, in the organization of the Volunteer force of Virginia previous to the breaking out of the war, were named Company " G," in the 2nd Va. Regt. ; after- wards when these volunteers were turned over to the Con- federate States, the 2nd Virginia, with four other regiments, all from the section of Virginia west of the Blue Ridge, composed the 1st Brigade of the army of Northern Virginia ; that Brigade which a warrior, not unknown to fame, as he stood in his stirrups with the late glory of Falling Waters and first Manassas on his sword, and the promise of Kernstown, Richmond, Cross-Keys, Port Republic, Cedar Run, Second Manassas, Harper's Ferry, Antietam, Fredericksburg, and Chancellors ville in his eyes — declared to have been the " first at Harper's Ferry — first at Manassas — first in the Division, and first in the heart of its commander ! " And surely priority in the heart of Jackson was something worthy of inscription on the banner of the immortal Stonewall Brigade ! It was as a private in this corps that John Beall com- menced his military career. It was to the enrollment of such 12 MEMOIR OF JOHN YATES BEALL. privates as John Beall, — each a hero in himself,— each an individual patriot,— each fired with enthusiasm in the cause to whose espousal honour, duty, patriotism, every long- cherished political principle, every home-nurtured instinct, every hope in time or aspiration for eternity, impelled him, — to such enrolments as these the Stonewall Brigade owed its adamantine texture, and its fame solidified for all time. John Beall's career as a soldier was distinguished only by that unfaltering response to every demand of duty which had hitherto characterized him. He was one of those men who ever strove, and seldom failed to "'do his duty in that station of life in which it pleased God to call him ;" and, after all, it must be this definition of an " honest man," which alone can constitute him " the noblest work of God." The skirmish at Falling Waters was conducted by Jackson only with a detachment ; the eagle turned on his pursuers and struck with a single wing. The 2nd Virginia Regiment was not engaged, nor did it come into action until the 21st July, the ever memorable day on which the first grand battle of the war was fought. The 2nd Virginia was stationed with the Stonewall Brigade on the brow of the hill opposite the " Henry House," in support of the famous Washington Artillery : a detachment of it, under the gallant Lt. Col. Lackland, charged, and claimed to have captured a portion of the famous Sherman's Battery. Beall, however, did not participate in this fight, having been absent on a short leave, and not being able to get up until the fight was concluded. It was on the 15th of the ensuing October that he again visited the home of his mother in Jefferson, in company with a member of his company who was sick. The next day was the second anniversary of John Brown's raid into the county — the ever memorable 16th of October. A hero who, with long, flowing, black beard, erect figure, and keen death-daring black eye, mounted on a snow-white charger, had escorted MEMOIR OF JOHN YATES BEALL. 13 John Brown to his gallows, was now to he the principal figure in another later act of the same drama. To Lt. Col. Turner Ashby, with a few companies of raw militia, and a detach- ment of the cavalry regiment of which he was the second in command, had been assigned the duty of defending Jefferson, and the. Valley from an advance through Harper's Ferry Gap. The task was not an easy nor encouraging one, but Ashby knew nothing but to obey orders. On the day in question the rumbling of waggons, beating of drums, and the rapid falling back of his pickets announced to him that the enemy were in motion from Harper's Ferry to\yards his camp near Flowing Spring. He summoned his small, irregular force, and went down to meet them. His cavalry were not remark- ably well drilled, but were gallant and devoted to their, com- mander ; the mUitia were like all raw, untrained troops, inefficient ; to these were still to be added a motley crowd of farmers, mechanics, cow-boys and other civilians— incumbran- ces to military operations. The news of an impending battle soon spread through the county, and among others reached young Beall. He forthwith proceeded to the field of action, threw himself at the head of a militia company, and volunteered to lead them in a charge upon the enemy. The latter had been driven back ; they had no artillery ; while the Confederates had brought into play an old piece of ordnance, one of the old Fourth of July orators, whose brazen lungs had never injured any one but those who fired it, and was not likely to do much more execution on this occasion. The Federals, however, had retreated before it. A party of them were lodged behind a large dismantled, deserted brick house, — one of the many sigrirboards which everywhere marked the advance of the Federal army. To dislodge this pariy was John Beall's aim, and, seizing a musket, he encouraged the militia to fellow him, which they did right manfully until he fell. In squads of three and four the Federals were leaving the shelter of Mrs. Wager's brick house, spoken of 14 MEMOIR OF JOHN TATES BEALL. above, and firing as they retreated. Beall had emptied Ha musket twice, and had it raised to his shoulder in the act of aiming to fire again when a shot from the retreating party passed under his gun, and; striking him obliquely in the right breast, broke three ribs and passed around the body. He discharged his own gun and fell. When consciousness returned, his musket lay by his side, but the enemy were gone — so were the militia! He rose, tottered back to Ashby's line, and again sank, exhausted. Among the citizens assembled to witness, or take part in the fight, was the Hon. Andrew Hunter of Charlestown. But not to play the part of an idle spectator, he had brought down his own spring waggon, with his carriage horses, as an ambulance to carrry off the wounded. Recognizing Beall, he promptly took charge of him, and carried him to the house of his mother. The dread of his mother, and the universal apprehension of his friends were not realized, although the right lung was penetrated. Tender nursing, aided by a strong will, enabled him to survive the injury, and a few months found him suf- ficiently recovered to travel South, — a course which his phy- sicians advised, owing to the implication, of the lung, rendered the more dangerous by an hereditary predisposition to" phthisis. In the later part of November he proceeded to Richmond, and thence to Tallahassee, the capital of Florida. Remaining here a short time, he fell in with a wealthy gen- tleman. Gen. R. W. WilHams, who with his wife resided on' Pascagoula Island in Louisiana. A strong attachment sprang up between the young soldier-in vahd, and Mrs. and General ' Williams, and upon their urgent invitation he accompanied them to thejr plantation in Lotiisiana, where he remained for- several months a welcome recipient of their hospitality. Two young ladies, refugees from Nashville, were at the' same time guests of Gen. Williams, and between the youngest' of these, and the young wounded soldier, whose condition still '' appealed loudly for sympathy, there sprang up a degree of MEMOIR OF JOHN YATES BEALL. 15 interest which ripened into the highest and holiest bond which the unmarried can know- they were betrothed. John Beall was by nature silent, reserved, and the most undemonstrative of- men; he confided little in human nature, and was oft wont to quote with a smile, more sad than cynical, the lines of Burns, one of his favourite poets : " A' mankind are unco weak And meikle to be trusted. Whenever self the balance shake 'Tis rarely right adjusted;" It was then with a sense of rest, a pleasure unknown to natures more confiding, and a tenacity equally foreign to characters more susceptible, that John Beall clung to those fn whom he felt he could trust. His mother — his small charmed circle of friends — his betrothed ! In these he con- fided with a love deep, pure, silent, tender ; and to their every demand he responded with a faith as true as steel. After his exchange, and return from imprisonment in Fort Delaware, he visited Georgia where his betrothed was at that time residing. Hear his own account of this visit : " I went on furlough to Columbus, Ga., and spent there, at Col. Chambers's, the happiest two weeks of my life." His visit South in 1861-62, after his wound, was thus rendered auspicious, not more by the improved condition of his health, than by his good fortune in forming the acquaint- ance of one in every way worthy of his confidence. He returned to Richmond in the following Spring. Johnson had abeady fallen back from Manassas and Centreville to the line of the Rappahannock ; while Jackson, defeated at Kernstown, was slowly retiring up the Shenandoah Valley, and forming his plans for that brilliant series of'^victories unprecedented in the war, unsurpassed in history, which were to free the Valley of an invading army. John Beall, after remaining in Richmond about a fortnight, went on a visit to an aunt, living in Madison County. While here the news reached him that Jackson, having defeated 16 MEMOIK OE JOHN YATES BEALL. Banks at Winchester, was pursuing Mm down the Valley. Beall immediately took horse, and, overtaking the advancing columns, accompanied the army into Jefferson. Here he remained while Gen. Jackson occupied the county ; and, upon his retreat, which was sudden and rapid, he started to rejoin the army. In this he was not successful. His failure, and subsequent progress into Iowa are thus related in his diary : "Leaving home, I rode the first day to Mansfield [the residence of his uncle in Clarke County] , and spent the night with my aunt and uncle and cousins, —heard many reports which we did not credit; next morning, after bidding, as I thought, a temporary adieu, started to see my brother and friends [in Co. G., 2nd Virginia regiment, Stonewall Brigade], rode all day, which was an exceedingly warm one^ — stopping at several places of note, and at last turning off the road, staid at Mr. Kaufman's all night, avoiding a heavy rain. Next morning, resuming my route, came to a little village which I found full of troops, and heard that the high rains had swept away the bridges, and raised the streams so high as to render fording both difficult and dangerous. I was compelled, therefore, to retrace my steps, as I could not stay there. I rode all day, and met Messrs. Timberlake, Larue, and Kennedy. At night I stopped at Mr. Lewis', who put me on my route, — severe rains all night. Next day I rode, and, crossing the creek, made for Grantham's or Kitchins', (Back Creek Valley, Berkley county,) but though it was warm I got to Tomahawk Springs, and staid all night at Mr. Griffiths' on recommendation of Mr. Devany. It rained all night, and in the morning, recrossing the creek I went through rain, &c., and succeeded in crossing the river at a ferry — (it was past fording, and indeed a surging torrent). Had I delayed much longer, I could not have crossed at all. After crossing, I rode only a few miles, when, the rain still falling, I stopped over night and tried to dry my clothes, — I partially succeeded. My next day carried MEMOia OF JOHN YATES BBALL. 17 me to the Six-mile house, where I stayed all night, and heard some of the particulars of Gen. Banks' retreat, and also of the battle of Fair Oaks near Richmond I then came on to Fniontown (Maryland), where, transacting my business, and selling my horse, I concluded to come West. I came to Chicago and thence to Dubuque, and then concluding a bargain with Mr. 7—, I have taken the Cascade mill, and am running it." Thus it will be seen his first visit North was, as he afterwards remarks in a letter to Mrs. Gen. Williams, a voluntary visit, instead of the involuntary one which his certain capture, had he returned home, or attempted to go forward, would have involved. The small village which he found full of troops was some small town further up the Valley than Winchester, most probably Newtown, on the Valley turnpike leading from Winchester to Staunton. Upon finding his progress likely to be arrested, upon reversing his direction, he behaved with characteristic coolness. He rode into a barn-yard along the road, and commenced busying himself with the cattle therein ; he answered all questions asked by the passing soldiers as though he were the proprietor of the farm-yard, and requested the Federal soldiers who followed him into the inclosure to close the gate after them, and not allow his cattle to stray out. Thus warding off suspicion, he introduced himself to the real owners of the establishment, and finding them loyal to the South, he left with them his papers, and everything of a suspicious character, and struck out for the Potomac river. We find from his diary that he remained in charge of the mill at Cascade from about the middle of July until the 2nd September of the same year ; when suspicions being aroused as to his real character, through the imprudence of his friends, he was obliged to flee the country. He took refuge in 18 MEMOIR OP JOHN YATES BBALL. Canada, and settled down at Kiley's hotel in Dundas, C. W. We find him here on the 20th of November, 1862, resuming his diary. About the 5th of January, 1863, we find him preparing to make his way back to the South. His intention seems to have been to break through the lines in Kentucky ; but in this design, after reaching Cincinnati, he was destined to disappointment for reasons which we find explained, upon the resumption of his diary in 1864. " John Morgan had played such havoc in Kentucky with the railroads and communications, that it was deemed impossible for me to go South by that route. I then thought of Western Virginia, but the steamboats were seized to carry subsistence to Rosencranz's army, and I took the cars to Baltimore. After a false start I got on a pungy owiied and run by blockaders, and about the last of February landed in Virginia. My comrade, Mr. Schluder, of St. Louis, Mo., had escaped from the Yankees — was from Price's army. We got to Richmond, and find Dan. Lucas and all the boys right at Fredericksburg," &c. J. Y. KEALL. In disguise in Canada, 1862. CHAPTER II. Operations as a Frirateer on the Chesapeake Bay. While in Canada in 1862, the idea occurred first to BeaU to attempt the rescue of the Confederate prisoners confined at Johnson's Island. This island is situated at the south- em extremity of Lake Erie, on the Ohio side near the mouth of Sandusky Bay. Upon Beall's arrival in Richmond he set about to make a digest of his views. 1st. In regard to privateering on the Northern lakes, and levying con- tributions on the adjacent cities ; and 2ndly, by privateering on the Potomac and Chesapeake. It is the belief of the author, that BeaU was the first to suggest to the anjihorities in Richmond the feasibility of successful attack on Johnson's Island, and the rescue of the prisoners there held in confinement. In conjunction with a gallant young officer of the Confederate army, then on the retired list owing to ill-health, BeaU' submitted his project to the President, embracing both of the above-named objects. His ideas were bold, but not visionary. A privateer, secretly armed and manned, once set afloat on the lakes could, he maintained, sweep their waters, and lay their cities from Chicago to Detroit in ashes, unless redeemed by heavy contributions; or could surprise the steamer off Johnson's Island, release the prisoners, and with this steamer sweep Erie from Toledo to Buffalo, and bum these cities, or lay them under contribu- tions. BeaU, and the young officer above aUuded to, laid , this project before the President, and it was by him referred to Hon. S. R. MaUory, Secretary of the Navy. Mr. MaUory, after due consideration, informed BeaU that his scheme upon the lakes was regarded as feasible, but did not think it could 20" MEMOIR OF JOHN YATES BEALL. be accomplished without endangering our neutral relations with England. The project upon the Potomac was approved, and Beall was handed a commission as acting master in the Confederate States navy. He was assured that if at any- time in the future, the Secretary should conclude to execute the Lake scheme, he (Beall) and the young officer who was acting in conjunction with him, were to be assigned positions in the enterprise. Whether the honoura,ble Secretary kept his promise or not, may interest the future historian to. inquire ! Thus held hi abeyance as to his favourite enterprise on the lakes, Beall and his. colleague, with their naval commissions in their hands, set about organizing an expedition for pri- vateering on the waters of the Lower Potomac and York rivers, and on Chesapeake Bay. Meantime it should have been mentioned that Beall had gone before a medical examining Board, and received a final discharge from the military service on the ground of disability arising from^a wound received on the 16th day of October, 1861, which penetrated the right lung, and increased a hereditary ten- dency to consumption. Wounds are disagreeable companions. Beall, while in Canada, had made his arrangements to sail for England, and embark on board of a privateer ; his wound broke out afresh, and his physician prohibited his adventuriiig upon the life of a seaman. Nothing daunted, however, by his health or other obstacles, he and his companion worked faithfully to organize a company for service on the theatre before spoken of. The conscription w^as now being rigorously enforced in the Confederacy, and Beall was restricted in recruiting to those not liable to military duty under existing law. Among his earliest recruits were two young Scotchmen ; one was a stout, round-shouldered, deep full-chested man of two and twenty, with brown hair, blue eyes, quick with intelligenee, and a fair beardless face — this was Bennet G. Burl&y^ afterwards Beall's lieutenant MEMOIR OF JOHN YATES BEALL. 21 in the famous Lake Erie expedition, and subsequently delivered up on the requisition of the United States author- ities, by Chief Justice Draper of Canada West ; delivered up on a charge of robbery to be tried for piracy ; a rendition illustrative of what Junius so much admired as represented in Lord Mansfield — the independence of the English Judiciary in political trials. Burley, even at this early day, had riot been without his experience in prison life. The son of a master mechanic of Glasgow, he had left the land of the pibroch and thistle, landed in New York, and finally strayed into the Confederacy with a sub-marine battery in his pocket. It was on paper, — the invention of his father. But neither a paper gun, nor a smiling Scotch face were sufficient introduction to rescue Burley from the Richmond Bastite, Castle Thunder. The Italian brigand (for such in outward appearance was Capt. Alexander) who presided over this famous prison, held him for some time on suspicion, until finally his gun blew the manacles oflf his hands and released him. He was taken from Castle Thunder to the War building, and ushered into the presence of a tall, slender, abstracted looking man in a blue naval frock coat ; this man was he who, without leaving Richmond, with one ship drove back the blockading fleet off Point Comfort, sank the Cumberland, afterwards discom- fited the iron-clad fleet with three guns just mounted under the casemates of Fort Drewry, and finally pierced the sides of the Ironsides, and sank the Keokuk before Charles- ton, and helped to defend that city against Gilmore and his fleet successfully for eighteen months This man was John Brooke, the inventor of the Deep- Sea Sounding lead, of the Brooke Gun, and the planner of the iron-clad " Virginia," or " Merrunac." Burley had taken his diagram before him for his examination ; he ordered Bur- ley's release from prison, but thought his invention liable to some objections in practice. He had also a torpedo which required to he attached to the side of the vessel attacked, hf 22' MEMOIR OP JOHN YATES BBALL. screws, and then ignited hy a fuse; such attachment could only be eflFected by approaching the vessel by night in a small boat with muffled oars, and swimming the remainder of the way, and screwing the torpedo to the vessel, — returning to the skiff or small boat, and thence igniting the fuse. Brooke thought that Diogenes with his lamp might as soon find the object of his search, as he a man willing to swim to an enemy's vessel, screw on a torpedo, and light the fuse ! One such man, however, was found, who afterwards swam to a war vessel in the , screwed on the torpedo, retired and sprung the lanyard, but the fuse would not ignite ; in this way the torpedo found its way again to New- York ; from Burley's pocket in Castle Thunder, corner of 21st and Carey, Richmond, to the northwest corner of Fulton and Nassau streets, New- York, whence in the columns of the Herald it duly issued in large capitals — " Ourious infernal machine, found attached to the bottom of the war steamer on Miver ! " The look-out declared he had heard oars as of a bateau dipping near the ship that night, and next morning the officer found the infernal machine fast- ened to her prow.... A few drops of water, more or less, on the fuse enabled the man on watch to make this statement. The Scotchman who fastened this torpedo on the vessel of war was John Maxwell, accompanied by Burley, whose com- panion he was when he enlisted with Beall. Maxwell was the larger of the two — he was full six feet, with broad square shoulders, black hair, moustache, and whiskers. If Burley would have done to set for Lydon the supple Pompeian gladiator. Maxwell on the other hand would have represented the almost Herculean Niger. Burley was the Lowlander from Glasgow and the banks of the Clyde, but Maxwell looked for all the world as though he might just have stepped from the side of Ben Lothian with bare legs, the plaid upon his shoulder, and the purse about his waist. The subsequent history of this man was an explosion ; a pain- MBMOIR OF JOHN YATES BEALL. 23 ter could concentrate it in a few bold dashes of the brush ; let him paint a human arm, torn from the socket, bloody, man- gled, and terrible ; and in the distance, at three miles, a vast column of smoke, with the explanation that it marks the scene of the most fearful explosion since the Kremlin. Such were specimens of the non-conscripts who composed the first privateering expedition on the waters of the York, Potomac, and Chesapeake, which Beall originated, but, in command of which, at his own request, he was ranked by the gallant young soldier before alluded to. This expedition met with but partial success. Their numbers only reached nine or ten, and they were not armed or equipped in a style which would justify extensive operations. They started from Rich- mond about the 1st of April, 1863, and proceeded to Mat- thews Court House. Beall returned to Richmond about the 15th June, to procure cutlasses, and other necessary equip- ments. The company was of a partizan character, the Gov- ernment furnishing nothing but arms, uniforms, and equip- ments, while the party furnished their own boat, received no pay, but were entitled to all they should capture. In the first month nothing more was done than to surprise a camp of armed " Contrabrands," killing one, capturing one, and putting to flight the remainder. This exploit occurred on Back River, in Ehzabeth City County, Virginia, and within ten miles of Fortress Monroe. Upon his return to Richmond Beall's superior in command received an appointment with the rank of colonel of cavalry, and, accepting it, Beall was left thenceforth in command of the adventurous squad upon the Potomac. His aim was to render his command upon the waters of the Peninsula, in the bays, and inlets of the eastern shore of Virginia, what Mosby's was on land, in the fastnesses of the Blue Ridge, and in the forests of Piedmont, and the Northern Neck. Had he been properly supported by the Chief of the Navy 24 MEMOIR OF JOHN YATES BEALL. Department, beyond doubt, he would have become the Mosby rf the Chesapeake, cutting communication, burning light- bouses, severing sub-marine telegraph wires, capturing schooners, transports, and steamers, and otherwise doing immense damage to the enemy. But he was left to furnish boats for himself, and received but little aid or encourage- [nent from Mr. Mallory. He again, however, about the 5th or 6th of July, with a company better equipped than heretofore, commenced opera^ fcions on the waters of the Chesapeake in open boats, making Matthews County his rendezvous and point of departure. Plying between Cherrystone and Old Point Comfort was a United States steamer, the Gteorge W. Rodgers. Beall sent a, squad of his men under Roy McDonald, a gallant young Virginian, to capture this vessel. He set out from Mat- bhews and first struck Marapamosis Island ; thence he pro- ceeded to Cherrystone, but arrived twenty minutes after tbe G. W. Rodgers had departed ; he therefore contented him- self with cutting the submarine telegraphic cable between Cherrystone, and Old Point, twenty-five miles from the latter fort, and directly opposite New Point Comfort. Beall made a brief report of this exploit to Mr. Mallory, inclosing there- with a small piece of the telegraphic cable. About the 1st of August Beall and his party again set sail from Matthews. He crossed Chesapeake Bay and struck Devil's-Ditch Inlet in North Hampton County ; thence he made for Smith's Island for the purpose of destroying Cape Charles Light House. He arrived at the latter at ten o'clock in the day, and concealing his party, took with him McDonald, and accosted the good "• Union Man " who attended to the light-house. The latter, who (like the large majority of the small number in Eastern Virginia who sympa- thized with the North) was an illiterate, and rough speci- men, treated his visitors rather impolitely, telling them they had better be in the army than " loafing about the country." MEMOIR OF. JOHN YATES BBALL. 25 Beall, however, succeeded in conciliating him, and got him to exphiin, and expose fully all the wonders and treasures of his institution. " My friend " — said Beall — " I am highly pleased with the light-house, and your management of it, and I have a party of friends belonging to the Confederate States Navy who, I think, would like to look at it ! " Upon this he gave a shrill whistle, and as promptly as his clan obeyed the summons of Rhoderick Dhu, did Beall's band spring from their covert, and rush to the light-house. In obedience to his orders they destroyed all the machinery, appurtenances, and fixtures, and brought off three hundred galbns of oil, at that time of great value in Richmond. Beall seized the large yawl attached to the light-house, and after paroling the keeper, who was terribly frightened, not to leave the Island for twenty-four hours, the party returned to Matthews. On the 18th of September Beall again set out from Mat- thews. His party now numbered eighteen. Roy McDonald had been promoted to the rank of Acting Master. Beall himself was generally known as " Captain Beall," from the time he assumed entire command of the party ; though he never at any time during the war held any other commission than that of Acting Master, datiag from the 6th. of March, 1863. His two gallant httle boats, one black, the other white, were christened respectively the Raven and the Swan. Di- viding his party, taking half in the Swan with himself, and assigning McDonald to command the Raven with the remain- der, he left Horn Harbor, Matthews County, and proceeded first to Racoon Island near Cape Charles ; lying off here he found a Yankee sloop, the Mary Anne, and two fishing scows, aJl of which he captured. Thence with his prizes, he proceed- ed to Watch Sprig Inlet on the Coast of Accomac. On the night of the 21st of September, notwithstanding the equin- octial storm had set in, and a heavy north-wester was blow- ing, he boarded, and captured the Alliance, a large sloop, Capt. David Ireland, Staten Island, New York, bound from 26 MEMOIR OF JOHN YATES BEALL. PMladelpUa to Port Royal, South Carolina, laden with sut- ler's stores. McDonald with the Raven was to tackle the sloop on the starboard, and Beall on the port. The night was fearfully dark and stormy ; the hour selected was eleven ; the crew had turned in ; the captain and mate were playing dominoes in the cabin. The Raven was dashed against the side of the schooner, her tiller broken, and McDonald thrown headlong into the water. He regained the boat, which was washed back by the heavy sea, and came up with the Swan on the port ; Beall and McDonald there- fore boarded on the same side; the former conducted his crew to the forecastle to capture the schooner's crew, while the latter struck for the cabin, where he found the Captain and mate unsuspicious of danger, quietly enjoying their game. Capt. Ireland was a bold, brave man, and, watching his op- portunity started for his own state-room to get his arms ; in doing so, however, he had to pass McDonald, who, observing the movement, called him to halt, with a cocked pistol, and told him to go back to the cabin ; the Captain promptly obeyed. The next day, September 22nd, the equinox continued, and, all hands being brought on board the Alliance, both an- chors were cast away to keep her steady. That night, how- ever, they again took boat, and just out the inlet captured three Yankee sloops, the Houseman, Samuel Pearsall, and a third, name not remembered, commanded by Capt. Rushman Craft. On the night of the 23rd they ran these three vessels, last named, out of the inlet, stripped them of all valuables, scuttled them, and sent them to sea. On the 24th all hands took to the large schooner Alliance, and sailed westward to Cobb's Island. Here Beall obtained a reliable pilot, and an- nounced his intention, hazardous as might seem the under- taking, to run his prize through the blockade, and up the Pianketank River to North End or about that point, where he would be enabled to land his whole cargo, and transport the MEMOIR OF JOHN YATES BEALL. 27 same to Richmond. Accordingly he paroled the crew^ of the Mary Anne and fishing smacks, sent McDonald with the other prisoners to Matthews, and set out for the mouth of the Pianketank with the Alliance. Hi? pilot was a Canadian, experienced, and true ; but whether owing to the presence of a Federal gun-boat within a mile of the mouth of the Pianke- tank, or some other, cause, on this occasion he missed the channel by twelve feet, and grounded the vessel. Beall promptly landed what goods he could run ashore in boats, and burnt the schooner to the water's edge. He reached Rich- mond with what remained of his cargo, about the same time that McDonald arrived there with seventeen prisoners. From the sale of the cargo the party reahzed a handsome dividend, as the goods captured were at this time very valuable in the Confederacy. Capt. Beall's operations now began to attract attention, and to call down heavy denunciations upon him in the North. Brig. General Wistar was sent down to Matthews and the neighbouring counties for the special purpose of capturing BeaU and his marines. Wistar's force for this purpose con- sisted of one regiment of negro infantry, two of white cav- alry, and one battalion of artillery ; also three gun-boats in North river, three in East river, two in the Pianketank, and one or two off New Point Comfort. Doubtless General Wistar did not know that he was sent with this formidable army to contend against an Acting Master, whose force, all told, con- sisted of eighteen marines, backed by a fleet of two small sail- boats ! Unaware of the extensive preparations made for their reception, McDonald left Richmond on the 4th of October, and reaching Matthews on the 6th was incontinently " gob- bled," (to use a phrase of the day) , by Genl. Wistar ; only two of the party were taken with him. Beall, with the re- mainder of the party, narrowly escaped. He found the Penin- sula, for the present, too hot for him, and, dispersing his party through the country, he returned to Richmond. ■ 28 MEMOIR OF JOHN TATES PEALL. Nothing daunted by the capture of three of his party, his own narrow escape, and the large picket force guarding Matthews and adjoining counties, and the bays, and the inlets of the bay on both the eastern and western shores, Beall again collected his small band of marines, and, leaving Richmond about the 10th of November, proceeded cautiously, almost stealthily, to the coast, and again took boat. He crossed the bay again with his two gallant little bird?, the Raven and the Swan ; he struck Tangier Inlet, on the coast of the Acconmo, and captured there a schooner. Dayhght coming on, Beall sent a squad of his men with one boat to conceal themselves, while he remained with the captured schooner and only a suf- ficient number of men not to attract attention. The result was, ihe party sent out were by carelessness captured, and one of them in terror disclosed who they were. Forthwith the enemy armed _all the small boats and .pungies in the neighbourhood, and with four or five hundred men went in pur- suit of Beall. The latter could have escaped, but waited so long to see what was the fate of his detachment, that escape became impossible, and he found himself surrounded llecog- nizing the fact that he was no longer master of the situation, Beall threw overboard every thing of any value, and surren- dered. His capture was heralded throughout the North as an achievement of no small moment, and was the subject of a special despatch from Genl. Wistar. The " notorious Captain Beall" was at last caught, and the enemy proposed to deal out summary, or as the Neapolitans call it " economical" justice to him and his band of '■'•pirates." They were taken first to Drummondtown, Accomao County, where, by order of the provost marshal, tkey underwent the usual search, and deprivation of all valuables, money, watches, &c. From Drummondtown they were taken to Fort McHenry, and thrown in a dungeon, heavily ironed. On the vessel which conveyed them from Drammondtown to the Fort, Beall tried to induce his men to seize the boat, and attempt its capture, and their MEMOIR OF JOHN TATES BBALL. 29 escape ; but his men prudently declined, and as it turned out very wisely, for in the hold of the vessel were concealed a company of Federal soldiers. A characteristic anecdote is told of thfe effect produced on Beall's spirit by the irons with which he was manacled. The prison-keepers, whoever they were, had a habit of reUev- ing those who were- in irons by unlocking them at certain hours, and allowing the unfortunate prisoners an opportunity to exercise. Beall's whole party availed themselves of this occasional act of humanity on the part of the guard. Not so, however, with himself; he would not at any time for a moment allow the manacles to be removed ! " No !" said he, " let them alone ! until your Government sees fit to remove them I" He and his party remained in irons for forty-two days. At the end of this time they were released, and placed upon the footing of other prisoners of war. Beall was allowed to write a communication to Rich- mond, which being laid before Mr. MaUory and Commissioner Robert Ould, was speedily followed by a reprisal by placing in irons seventeen captive Federal marines, and two commis- sioned officers as hostages. This " taste of retaliation" soon had the desired effect. (Jeneral Benjamin F. Butler iimself gave the subject his attention, and ordered these so- called " pirates " to be released from their irons, and placed on the footing of other prisoners of war. This being done, Beall was forwarded along with other officers from Fort Mc- Henry to City Point on the 2Gtb of March, where he remain- ed until the 5th of May ensuing, when he was duly exchanged, and returned to Richmond. McDonald, however, and the balance of the party, among whom was Beall's brother Wil- liam, were not exchanged until the following October, when a general exchange of naval prisoners took place between the respective Governments. Upon his return to Richmond, Beall spent his time in recruiting his health and furlough, and in visiting his friends. ^30 MBMOIK OP JOHN YATES BBALL. It was during this interval of inactivity that he visited Colum- bus, Georgia, and spent, as he himself informs us, " the hap- piest two weeks " of his hfe — he was with his betrothed. Upon returing to Richmond again, he immediately called around him his friends, and by their aid addressed himself to the Secretary of the Navy to further the new schemes which he now had on hand. Mr. Mallory replied, that a new bureau for Secret Service had been organized, and refen-ed Beall to its chief; the latter endorsed his views favourably, but having no authority for independent action, referred him in turn to the Secretary of War, Hon. James A. Seddon. The latter offered him a lieutenancy in the Secret Service ; but this he declined for reasons which reflect honour on bis memory, and shed light upon his character ; he would have been subject to the command of superiors whom he did not know, in a service where disobedience would have been insub- ordination, while obedience might have demanded a sacrifice of his own moral convictions ; hence, without hesitation, he promptly declined the offer of the Secretary. Meanwhile the War was thickening around Richmond, the devoted capital of the Confederacy. Grant, crowned with the laurels of Big, Black, Vicksburg, and Chickamauga, hadhurled his legions against the worn, but still defiant columns of the immortal army of Northern Virginia. On the very day on which Beall was exchanged commenced the battle of the Wilderness ; in three days the estimated loss of the Federals was greater by fifteen thousand than the French loss at Waterloo. The two armies like two mad bulls with locked horns, bent their way in parallel lines from Piedmont to Tide- water, from the Rappahannock to the James. On the 12th day of May, 1864, Richmond was wending its way to church at six o'clock in the morning ; the Catholics to mass, the Protestants to prayer-meeting. There is no sermon like the roar of cannon at the city gates. Phil. Sheridan had been thundering since five a.m., on the Mechanicsville road ; MEMOIR OP JOHN TATKS BEALL, 31 Gordon was brought in on one litter, and on another Jeb. Stuart, the Immortal Chevalier; the sad cortdge which escorted " our dear dumb warrior " met a man with a droop- ing shoulder, compressed lips, and long brown hair with cart- ridge-box, and musket, wending his way to the fortifications to aid in driving back the foe, — this man was John Beall, less a warrior, but equally Christian and not less a hero than had been Stuart himself. True to his character, which was never to fail at the call of duty, he entered the ranks with his musket, and participated in Gregg's repulse of Sheridan on the Mechanicsville road. On the succeeding day he tempo- rarily attached himself to the Engineer corps under charge of Lieutenant Henderson, a friend ; and being thus enabled to draw rations, &c., he remained near the defences around Mechanicsville for some days. When, however, both armies were sufficiently exhausted to require rest, and Grant, re- pulsed with great slaughter at Cold Harbor, had sat down before Petersburg, (declaring to his army that " the siege of Richmond " had commenced,) Beall, his patience ex- hausted by the neglect of the department, and his spirit chafing for that action which his health denied him on the field, suddenly left the camp on the Chickahominy, reappeared on the coast in Matthews County, crossed over to the eastern shore, and came leisurely on through Baltimore to New York, and thence to Canada West. On the 14th of August, we find him in Dundas resuming his diary, " after an absence of nineteen months." Mean- while his friends in the South had lost sight of him ; no one knew whither he had gone, or on what errand. Beall's correspondence discloses the fact that on the 14th September he was at Windsor, Canada West, whence he writes to a friend in a certain other city of that Province in language which, but for the Ught of subsequent events, would appear entirely enigmatical ; his letter is as follows : 32 MEMOIR OF JOHN TATBS BEALL. Dear Sir, — This will be handed to you by ■ ^^4? ■who Tvill explain what I want. Please render him every assistance in your power. We want 3 dozen hatchets, also 4 grappling hooks. Please see Mr. B. If he has met with any success^we need that. If there are any letters for me forward them by him. Truly your friend, J. Y. Bball. Again on the 16th we find him writing thus : My dear Sir, — In 's . letter was a message from Mr. that every thing was ' all right and satisfac- tory.' K he has got the article, I want it here by 7 o'clock a.m. Monday morning — indeed by Sunday in order to meet me. I stop at Windsor Castle House, No. 1. Everything is fair, and I believe he will be successful in business. I hope you saw Mr. The letters I referred to, sent by post. As we may not meet again, let me thank you for your kindness again; for a homeless exile and outcast can ap- preciate such. Truly your friend, John Y. Bball. Interpreted in the light of events now rapidly ripening, we can understand the objects of the " hatchets" and " ^/-ap- fling hooks " ; while that the " business, " which promised such success, was somewhat out of the ordinary roi^tine, we may ivell infer from the impressive manner in which the " homeless exile and out-cast " bids his friend farewell. CHAPTER III. THE LAKE ERIE EAID. Vnsuccessful attempt to rescue the Confederate prisoners confined on Johnson's Island. On Sunday evening, the 18th of September, Bennet G. Burley, the same who had enlisted under Beall two years before in Richmond, stepped on board the PhUo Parsons, a steamer of about 220 tons burden, lying at the -wharf of Detroit. This steamer plied regularly between De- troit, Michigan, and Sandusky city, Ohio. Burley inquired whether the boat stopped regularly at Sandwich, a small town on the Canada side of Lake Erie : upon being informed that it did not, he requested the clerk, and part owner of the boat, W. 0. Ashley, to stop there the next morning, and take on board three friends of his, who, with himself, were bound on a short excursion to Sandusky city, Ohio. Accordingly eight o'clock the next morning found Burley on board of the steamer swinging off the dock of Detroit. At Sandwich the boat did not properly stop at all ; Captain S. F. Atwood, in command of her, touched at the wharf, and three active young men sprang aboard of her while she was in motion. A de- tective might have discovered something peculiar about them ; the unsuspecting Ashley, and eighty miscellaneous passengers, failed, however, to do so. One of them, at any rate, was rather Southern in his appearance ; he was stoutly built, with broad shoulders, flat chest, and measuring about five feet seven and a half inches in height ; he wore grey pants with black cloth sack coat, buttoned closely over the breast, just showing a little of the white shirt below the loosely tied black silk cravat, and rolling collar. His hair ,34 MEMOIR OP JOHN YATES BEALL. was brown, and half covered tte ear ; the forehead high, the nose straight, and regular, the complexion pale, the lips thin and compressed. He wore a light moustache, and whiskers coming to a point under the chin. His smile was exceed- ingly gracious and pleasant, his voice low, musical, his eyes a light blue, rather small, but at times very briUiant. The Philo Parsons continued quietly on her way until she touched at Amherstburgh ; here sixteen more passengers jumped aboard ; there was no baggage among the party, save an old trunk tied up with a rope, which was thrown in the after-gangway of the boat by two of the party. The boat again resumed her passage to Sandusky, leaving Amherstburgh about half-past nine a.m., and touching at Kelly's Island at about four p.m. Scarcely had the boat left this island, which is situated near the head of Lake Erie, five miles north of San- dusky, when a sudden commotion is seen on the main deck. The person above described who had gotten on board with two others at Amherstburgh, and who had been engaged for some time in conversation with the mate, who was at the time at the helm, suddenly, at a preconcerted signal, pre- sented a pistol to the head of the helmsman, and exclaimed — " I take possession of this boat in the name of the Con- federate States ! Resist at your peril ! " — or words to the same effect. At the same moment three others of the party levelled their pistols at Ashley (who was now in command of the boat. Captain Atwood having gone ashore at North Bass Island, where he resided) ; and before the astonished clerk had time to ask an explanation of this conduct, Burley came aft, followed by fourteen or fifteen of his party, and exclaimed to Ashley — " Get into that cabin, or you are a dead man !" At the same time, with his cocked revolver in his hand, and his finger on the trigger, he commenced counting " one! two! three!" The clerk did not wait for a second invitation, but promptly obeyed orders. The passengers also were quickly stowed away ia the cabin, and a guard of two men stationed J. Y. BEALL. Oressed as on board the Philo Parsons. MEMOIR OF JOHN TAXES BEALL. 35 on each side of the door to secure them and prevent egress. The mysterious old trunk was now brought up on deck, the rope cut from around it, and the grappling-hooks and hatchets taken out ready for use. Such of the crew as were not needed to manage the boat were imprisoned in the hold, and the boat taken entire possession of, and the Confederate flag hoisted over her. While Beall kept his eye upon the helms- man, assuring him he had only to obey orders to escape in- jury, Burley commenced to clear the decks, and lighten the boat for service ; he threw all the heavy freight, comprising a considerable quantity of iron, overboard, and cleared the deck for action. BeaU then demanded, and received the papers and books of the boat from Ashley, at the same time explaining to him the meaning of the capture, and his own relation to the Confederate States Government. He next had the boat turned, and headed for Middle Bass Island, where he ran into a wood, and landed the prisoners. This island is on the Ohio side of the lake, ten miles from shore, and about the same distance from Johnson's Island. Scarcely had the Philo Parsons touched the wharf, when the Island Queen, a screw propeller, Capt. George W. Orr, plying between Sandusky and this island, came alongside the •captured steamer, and made fast to her. Beall, followed by fourteen or fifteen of his party, armed with hatchets and revolvers, sprang on board of her, and repeated the coup de guerre of the Philo Parsons. There was a slight show of resistance, and some shots fired, one of which inflicted a wound in the neck of Mr. Haynes, the engineer of the steamer. With this exception, no blood was spilt during the whole adventure. The passengers, crew and officers of the Island Queen were now removed to the Philo Parsons, and confined on board for the space of an hour, when they were landed with the private baggage, and sent on their way rejoicing. Among the passengers on the Island Queen were twenty-five or thirty Federal soldiers, belonging to the 130th 30 MBMOIE OF JOHN TATBS BEALL. Qhio regiment, " hu»clred-day men," on their way to Toledo* to be mustered out of service. These were paroled not to take arms against the Confederacy tiU duly exchanged, while^ to the civilians, it is stated, an oath was administered not to reveal the extraordinary events which had taken place until twenty-four hours should have elapsed. Beall's treatment of all on board these vessels was spoken of universally as kind and courteous, though firm and determined. Not one par- ticle of private property was hy order or with Ms knowledge disturbed. This important fact is testified to by the com- manders of both vessels. A statement of the affair to the Cleveland Leader, made on the authority of Captain Orr, declares that "no private property was taken, but the hooks, papers and money of both boats were seized;" while in his testimony before the MUitary Commission, Ashley testifies that all the property which he claimed as " personal " was restored to him. (See Trial, page 111.) One passenger alone had in his possession near eighty thousand dollars ; he approached Beall as the commandant of the party, and_ demanded to know how much of this he would be permitted to retain on condition of surrendering the remainder. He was instantly assured by being told by Beall that none of his property should be disturbed. The property and funds of both boats, however, along with the boats themselves, were taken possession of, and appropriated as legitimate prize. It was now night, and a clear, calm moon looked down,, from a serene sky upon the waters of Lake Erie. The pas- sengers, Ashley, and the soldiers., and such of the crew as were not needed had been landed, as before stated. Captain Orr was still a prisoner in the hold of the Philo Parsons. Beall lashed together his two prizes, and directed the helms- man to steer for Johnson's Island. One vessel was of course sufficient for the matter in hand, and the Queen, therefore, after being towed about five miles, was stripped, scuttled,, and sent adrift ; the next morning her smoke stack was seen. MEMOIR OF JOHN YATES BEALL. 87 protruding above Chickanolee Reef, where she lay a fathdm and a half below water. Meanwhile Beall continued his course with the Philo Parsons until he reached the mouth of Sandusky Bay. Here let us leave him and turn our atten- tion to what had transpired on shore, and on board the United States Steamer, which lay, like a huge watch dog, off the <3oast of Johnson's Island. On the 16th day of September we find Beall, as before stated, at Windsor, C. W., writing to a friend to bring on the " hatchets " and " grapplmg hooks." Not a great while before he had been to Sandusky City, Ohio, where he was a long time closeted with a certain wealthy PhUadelphian, by the name of Cole. The latter was a dashing young " swell," who had put up at the West House some five or six weeks before, whose prodigality in expenditure attracted the cupid- ity of the civilians in Sandusky, while his fine wines, and costly dinners won, with stiU greater rapidity, upon the United States officers in the vicinity. He especially cultivated the society of the latter, and was particularly attentive to the naval officers on board the Michigan. They invite him on board, and show him the ship ; they dine him, and he in turn fStes them. He goes ashore on the Island itself, and is allowed to converse with the Confederate Officers confined there. That he should enjoy their conversation is natural, since generally they are men of intelfigence, and many have been the heroes of adventures, and deeds of daring worthy of -the age of chivalry. There are Brigadier-General Jefferson Thompson, "the Swamp Fox," Brigadier-Generals J. J. Archer, J. R. Jones, W. N. R. Beall, and Frazer, and Major- General J. R. Trimble ; Colonel Scales, colonel of the 30th Mississippi, Major Thompson of General Morgan's command, Colonel Richard Henry Lee of the Stonewall Brigade, Captain J. Cabell Breckenridge, son of John C. Breckenridge, Colonel J. Lucius Davis who participated so 'largely in the John Brown war ; Captain Robert Cobb Kennedy, of the 38 MEMOIR OF JOHN TATES BBALL. 1st Louisiana Infantry, who afterwards, escaping from the- Island, was executed in New York for an attempt to bum that city, and many other gallant officers of lower grade, numbering in aU from twenty-five hundred to three thousand. The Barracks in which they were confined were surrounded by a high enclosure, forming a yard or court in which the prisoners were permitted at certain hours during the day to exercise. In this delightful pen, however, the mud was gene- rally knee deep. Three shallow pits furnishing water at the rate of four gallons per hour each, were expected to supply the prisoners with muddy water ; they consequently suffered much from thirst, while the waters of Erie, roUing within fifty yards, but as inaccessible as if they were one hundred miles distant, strongly suggested the punishment inflicted by Divine anger upon Tantalus. Of food the day's allowance sufficed for one meal, being much less than one day's ration. Petty tyranny and low meanness displayed themselves on the part of the Federal officials, in rank luxuriance At the distance of a few rods from the main prison were the dungeons, each somewhat larger than a coffin, in which were confined officers condemned to death by court-martial. They are chained hand and foot, and, in addition, some of them drag an iron ball of sixty pounds weight. Most of them have been condemned by General Bumside's Draconian order, denounc- ing as spies all Confederates found recruiting in Kentucky,, and certain other specified districts. These young officers, destined for military mock judicial murder, are allowed a few hours' exercise each day to preserve life ; at stated hours^ they may be seen, shackled, handcuffed, with their iron balls thrown over their shoulders, moving slowly between the stakes which mark the bounds within which they are permitted to exercise. Such was the prison of Johnson's Island. To return now to Cole. This fortunate speculator, or youthful heir of a vast fortune, or luxurious and extravagant tourist, or whatever might be his real character, was as in- MEMOIR OP JOHN YATES BBALL. 39 discriminate in his political association, as in the objects of his prodigal liberality ; among his intimates are found officers both Federal and Confederate, prisoners, and guards, " cop- perheads," and Kepublicans. He is particularly intimate mth the engineer of the Michigan, and they are often en- gaged in private, and confidential conversation. He visits frequently at the houses of some half dozen leading " Copper-, heads," (as members of the State-Rights party are now called in the North,) in the city. When a boatman rows him over to the Michigan, or the Island, he throws him a half dollar, and does not wait for change ; and in a thousand other ways are yellow eagles and sovereigns changed to silver, and thence disappear from his hand, as orange clouds fade into grey, and thence into mist, and impalpability. On the very night of the 18th of April, upon which we left BeaU, in the Philo Parsons, hovering about the mouth of Sandusky Bay, this colleague, with whom he had been closeted at the West- House, and doubtless had been keeping up constant com- munication ever since, had invited the officers of the Michi- gan to a supper at the hotel in Sandusky. At this enter- tainment the officers of the Michigan were to be present ; and Cole, while in his assumed character of a Philadelphia millio- naire, entertained them, in his real character of a Confe- derate Soldier, formerly a captain on John Morgan's staff, was to drug them so as to incapacitate them for duty. The party on shore acting in concert with him, were then to send up signals from Johnson's Island to BeaU, who should, there- upon, advance, seize the Michigan, turn her guns on the guard, overcome them, and release the prisoners. It was, therefore, with the most intense anxiety that BeaU stood on the deck of the Philo Parsons, straining his gaze into the moonlight to see the signal-rocket glare up from Johnson's Island. He looks, however, in vain ; no signal appears : but he does not despond, nor turn back. He may still win, or losing, the sacrifice is only what thousands are 40 MEMOIR OF JOHN TATBS BBALL. making daily in the same sacred cause — ^life. He bears on his course unmoved, cautiously and slowly, until the lights of the Michigan are seen marking her length upon the smooth lake : men's voices are heard upon her deck ; even the dark contour of her fourteen guns can be discovered as they lie in the moonlight, silent, and as it were, asleep. Suddenly a danger besets him where least expected — Mb men mutiny I Burley and two others only, three out of twenty, stand by him; the remainder resolutely refuse to go forward. They allege that the signal has failed, and the enterprise must have been betrayed, or otherwise discovered. In vain Beall pleads, aifgues, threatens, expostulates. He tells them they are all strangers to him, but he relied upon them as Confederate soldiers, and Southerners. He points out to them the im- mortal glory which awaits success, and the disgrace which will attend failure, if success should prove to have been pos- sible. Finally he loses patience ; turning fiercely upon his mutinous command, he orders them into the cabin, and com- mands them to reduce to writing their resolve, as a memorial of their own insubordination, and a vindication of himself, and the three gallant comrades who are willing to stand by him, and attack the Michigan. He is obeyed ; here is the paper : " On board the ' Philo Parsons,' Sept. 20th, 1865. We the undersigned, crew of the boat aforesaid, take pleasure in expressing our admiration of the gentlemanly bearing, skill and courage of Capt. Beall as a commanding officer, and a gentleman ; but believing, and being well convinced that the enemy is informed of our approach, and is so well prepared that we can not by possibility make it a success, and, having already captured two boats, we respectfully de- cline to prosecute it any further." This paper, signed by seventeen of his crew, and placed in Beall's hands, furnishes the key to the mysterious movements of the Philo Parsons when so near the professed object of attack. To the hour of his death Beall behoved that with- MEMOIR OF JOHN YATES BBALL. 41 out this mutiny, which he stigmatized as " cowardly," his success in the capture of the Michigan was certain ; he be- lieved that his capture of the two vessels, and rapid approach was undreamed of ; that the oflScers of the Michigan were nearly aU absent in Sandusky, buried in carousal, and drunk- enness, while the prisoners were on the alert, and iareadiness, — everything propitious. Sadly, angrily, gloomily, there- fore, did the young soldier submit to the exigency of the situation. Was Beall correct in supposing that up to the hour when he was forced to turn back by the refusal of the crew to go forward, everything had worked favourably on shore, and that Cole was as yet unbetrayed or undiscovered ? The author does not know upon what authority he based this opinion, and can only say that his belief of its truth, after all the newspaper reports to the contrary had been published, shows that he based it upon evidence which carried conviction to his own nund; and the fulness and firmness of this conviction to the last hour of his life entitles his opinion to great weight. His information led him to believe that the discovery of the real character of Cole and his arrest were subsequent to, and con- sequent upon the seizure of the Philo Parsons, and Island Queen ; and that it was to cover up gross dereliction of duty on their own part, that the officers of the Michigan iadus- triously circulated the statement that Cole had been arrested on the 18th of September. It is certain, however, that the signal agreed upon was not given ; upon the other hand, if the arrest were effected on the evening of the 18th, as repre- sented in the Sandusky journals, and Cole's papers develop- ing the whole plot, taken from him, why were Beall and Burley allowed, two days afterwards, to carry out, without molesta- tion, their part of the programme, and to advance under the very guns of the Michigan, without being fired upon ? It has even been stated that when the Michigan attempted to pursue the Philo Parsons, her engines were found in such a 42 MEMOIR OF JOHN YATES BBALL. condition that she could make no headway, and their derange- ment was attributed to the treachery of the engineer whom Cole had bribed. The author does not pretend to be able to eliminate the truth from this maze of contradictory state- ments, as to the time, and circumstances of poor Cole's arrest ; certain it is he was arrested, and made a confession of his real character and purpose ; and thus ended in failure the second attempt to release the prisoners on Johnson's Island, confined there, as they were, by the Federal Govern- ment from motives of policy, and in violation of the cartel for general exchange previously agreed upon by the two Govern- ments. Beall, being compelled to abandon the attack upon the Michigan, turned from Sandusky Bay up Detroit river ; about eight o'clock on Tuesday morning he reached Fighting Island on the Canada side, and, after landing there Capt. Orr and other prisoners, he proceeded to Sandwich, Canada, and there, having first removed everything of value from the Philo Par- sons, scuttled her, cut her steam-pipes, and abandoned her to her fate. His party, all of whom were citizens of the Confe- derate States, either native or adopted, were disbanded ; out of the twenty composing it not one was arrested, save the two commissioned officers, Beall and Burley, and both of these had only to thank their own extraordinary temerity for the unfortunate consequences to themselves which followed upon the Lake Erie raid. The career of Burley since the severance of his connection with Beall, on the Potomac, had been full of adventure. He had received an appointment as acting master in the Confe- derate navy, and had been engaged in several partizan expe- ditions on the waters of the James, York, and Chesapeake. In one of these he was severely wounded, and captured with nearly the whole of his party. Two of the latter were wan- tonly murdered after their surrender, and the facts of the case, substantiated by the testimony of citizens of Matthews BENNETT G-. BURLEY. MEMOIR OF JOHN TATES BEALL. 43 County, Virginia, -who -witnessed the outrage, were put on file in the archives of the Confederate Government. Burley's severe wound probably saved his life ; he was, however, sub- jected to great indignity and hardship, and finally, after being, according to the usual custom of the federal captors, " gone through" that is to say, searched and robbed, he was sent to Fort Delaware, a Federal bastile situated in Delaware River, near its mouth, which is forty miles below Philadelphia. From this prison, after a confinement of many weeks, he effected his escape in the following remarkable manner : — conducting from the large court of the fort, to which the prisoners were at certain times allowed access, to the bay in which it emptied, was a large drain or sewer. It was covered with plank, which rested on huge log sleepers, and to the level of these sleepers reached the water itself; the length of the drain was about twenty-five yards from the open court to the Delaware. Burley and five companions determined to attempt an escape by passing under this drain to the river, and thence swimming to the shore ; the distance was not over one mile and a half, but the actual stretch to be accomplished, owing to the tide, and the difficulty of landing, was not less than three miles and a half. Some idea of the hazard and difficulty attending the task may be arrived at, when the fact is remembered that before reaching the river, the dark narrow draia, twenty-five yards in length, had to be passed through ; the water being upon a level with the sleepers rendered it necessary to dive under these successively, and rising ia the interspaces between them, to inhale such a supply of air as could penetrate through the plank covering over the sewer. When at length the river should be reached, three and a half miles of swift water and heavy surf remained before the hardy swimmer, before reach- ing the opposite shore, where he would find himself in the land of the enemy, dressed in Confederate grey, and subject to the almost certain liability of re-arrest and return to the Bastile.. Nothing daunted by these obstacles, of whose existence and 44'" MEMOIR OF JOHN YATES BE ALL. nature they were thoroughly informed, Burley and his com- panions determined to make the attempt. The former is an expert swimmer and an athlete in physical strength and endurance ; he not only felt small apprehension about his own safety in the attempt, but agreed to assist a companion who was less muscular and expert. They started in pairs, having first tied around the waist as many canteens as they could procure for the purpose, in the fort. Burley and a companion were the first pair who started, the former in advance, and these two were the only ones so fortunate as to effect their escape ; about midway to the shore they encountered a vessel bound to Philadelphia, whose master, whatever may have been his suspicions as to the real character of his cast-a-ways, accepted their story that they had been upset in a fishing excursion, and conveyed them safely to Philadelphia. Of the other four prisoners, two were drowned and two recaptured at the end of the drain, by the guard, before embarking on the waters of the Delaware. Prom Philadelphia, Burley proceeded to New York, whence he wrote to his companions in prison, and informed them of his good fortune ; from New York he proceeded to Canaida, where, to their mutual surprise, he and his old friend Capt. John Y. Beall met in Toronto. With what success they accomphshed the part of the expedition against Johnson's Island, with which they were intrusted, has already been related. After the incidents in connection with the Lake Erie expe- dition, already related, Burley returned to the house of a relation in Guelph, where he had previously been staying. Here he practised little or no concealment, and soon after drew upon himself the attention of the public by some experi- ments which he instituted in ordnance, or gunnery ; "the consequence was his arrest by the Canadian authorities. He was at first taken for Beall, but his identity was easily estab- hshed, however, and his final rendition to the United States constitutes a chapter in British state-trials, which all who MEMOIR OB JOHN YATES BBALL, 45 esteem judicial purity and independence might well Tfish to have left unreported ; — standing as it does in direct conflict ■Vfith the English authorities, as indicated by the law officers of the Crown at home ; also, by the decision in the case of the Roanoke ; likewise in that of the Chesapeake, and finally in that of the St. Albans raid. After Burley's arrest, Beall consulted long and seriously with his friends whether he should not dehver himself up to the Canadian authorities, but was advised not to do so, as no good could result from such a step. He, however, during Burley's confinement, spent some time in Toronto, where the latter was imprisoned; and it has even been stated, with what truth the author cannot determine, that on one occasion he travelled from Toronto to Hamilton with a detective, and discussed the Lake Erie afiair with him, and the probable wherea^o'i.ts of the leader, and other participators therein. He had stiU most fervently at heart his ov,u cherished scheme of launching a privateer on Erie, Huron, or Ontario. He writes from Toronto, on the 11th of October, 1864, as follows : Dear Sir, — I got here last night to find all of my enquiring friends departed. We will need Mr. B.'s friend this week or so. You know that I am not one of the giving-up kind. We are going to try again on my plan. Send me any letters, &c. We had a week's hunting out near Balsam Lake, not being very successful on account of want of good equip- ments. Remember me kindly to aU enquiring friends, and believe me truly your obliged friend, John Y. Beall. It is not deemed expedient here to enter into the particu- lars of the preparations made to carry out his " plan," or the causes connected with its failure ; suffice it to say that such failure was due in no degree to Beall. All who have any 46- MEMOIR OF JOHN YATES BBALL. knowledge on the subject concur in testifying to his boldness and energy in executing every responsibility devolved upon him. He braved, when necessary, the Argus eyes of the whole herd of United States detectives, (or " Federal Spies " as the Canadians call them,) moving about through the Province without disguise, wherever his schemes demanded his presence. CHAPTER IV. Haid on the Dunkirk and Buffalo Bailway. — Capture and imprisonment. It was on the 16th day of December, 1864, that John Y. Beall fell into the hands of the enemy. His capture was effected by two of the local police * at Niagara city, in the State of New York, and was due to that care and considera- ■tion for the safety of friends which distinguished him. He had, in company with a number of other Confederates, all in citizens' dress, taken the cars at Buffalo. The train reached Niagara at the usual hour. Just before their«arrival at this point, Beall warned his companions against waiting in the depot for the Great Western train which was to connect at Niagara, after an interval of some hours, and on which the expectation of the party was to take passage for Hamilton and Toronto. Beall's advice was, that instead of waiting they should immediately walk across the Suspension Bridge and * During the progress of Beall's trial, one Young, a detective of New York city, published a Report, in which, nnless he was misre- presented by the New York dailies, he claimed that Beall's arrest was brought about by information obtained by said Young from "Larry MacDonald," whom he had enticed into a conference at or near Niagara Falls. The falsehood of this claim is shown by the facts connected with his arrest as above related, and substantiated by Constable Thomas in his evidence to be found in the published trial. Beall's arrest was an accident, as absolutely independent of any agency of Chief Detective Young and his corps, as was that of Burley. Out of twenty who com- posed his party in the Erie Haid, but two (himself and Borley,) were ever arrested, and both arrests were effected by the local authorities, Of the St. Albans Raiders /our only have been arrested in Canada, and none in the United States. Of the eight said to have been engaged ii the attempt to burn New York city one only was captured, and he, (poor Kennedy !) while drunk, spilt a bottle of phosphoric fluid on ths 48 MEMOIR OP JOHN YATES BBALL. thus reach Canada, and avail themselves of the security of Clifton to await the Great Western train. All of the party adopted this advice except Beall himself, and a boy named George S. Anderson. This boy was an escaped prisoner, a native of Pitsylvania County, Virginia, and one of Morgan's men. Being young and inexperienced, he had been placed especially under Beall's charge by Colonel Martin of the 14th Kentucky Calvary, who was the leader of the raid from which they were now returning. It was owing to his fidelity to this trust that Beall was captured. He indeed waited on the American side for the train, but upon its arrival was so prompt that he had secured his seat, and the cars were nearly ready to start when, missing the boy Anderson, he returned to the waiting-room to look for him; he found him asleep on a settee, .and sat down a moment by his side, when an officer attached to the train, cried out, " All aboard going Hast I" when the two started for the door, but were sud- denly seized by two policemen, Thomas and Saule. Had resistance been possible, or had the chances for escape been sufficient to justify the attempt, BeaU no doubt would not have surrendered without a struggle. He had upon his floor of Barnum's Museum in broad daylight, in presence of one hundred people ! The whole burning party, be it remembered, came from Canada in the same train, all being Confederates, and (what is still less credit- able to Dix, Young, McDougall and Company !) all left New York in the same manner, and reached Canada without interruption 1 Kennedy returned to the United States, and, except him, the whole party escaped arrest. The facts, when ventilated, therefore, prove that with the exception of the interception of a few straggling and escaped prison- ers, and the manufacture of an ingenious tissue of falsehoods in relation to the assassination of the President, the Detective Corps in Canada have done absolutely nothing. Their own countrymen, disgraced by them, have been taxed to support a set of whiskey-drinking, utterly un- reliable loungers, for the mere luxury of annoying not more the Southern Eefugees in Canada than all right feeling Canadians themselves, who have felt justly indignant at what they have considered a violation of the sacred right of asylum by a system of foreign espionage. MEMOIR OF JOHN TATKS BEALL. 49 person his own faithful revolver, with which long practice and great natural steadiness of nerve had rendered him so expert, that an adversary at eighty yards had but little secu- rity against his deadly aim. On the present occasion, how- ever, resistance to an officer whose cry for help would have summoned instantly a hundred by-standera, was clearly impossible, and Beall submitted with the best grace possible. He and his companion were taken for escaped prisoners making their way to Canada, and this idea Beall encouraged, hoping thus to conceal his real identity. Such were the circumstances of Beall's arrest ; but the question remains — ^how came he on the soil of New York, and in the territory of the United States ? The story is soon told. Raids from Canada into the territory of the United States were the order of the day. Lieut. Bennet H. Young at the head of ten or twelve Confederates, had ridden into the town of St. Albans, robbed one or more banks, attempted to fire the town, and finally galloped over the border into Canada. The raid on Lake Erie has already been described. The relations between Canada and the United States, were becoming more and more precarious. Major General John A. Dix, an officer of the United States army, who, though removed from the field in 1863, for real or supposed incom- petency, is possessed of acknowledged administrative and police ability, was now in command of the " Department of the East," with head-quarters at New York city. Exasperated by the Erie raid, he was beside himself at St. Albans, and issued an order declaring that in all future cases the raiders should be pursued across the border, captured, and brought back to the jurisdiction of the outraged territory. This exas- perated the Canadians in turn, and President Lincoln had to interpose, and rescind the obnoxious order. It was about this time that Beall, in conjunction with several escaped Confederate prisoners then in Toronto, conceived the plan of the raid which resulted in bis capture as above described. E 50 MEMOIR OF JOHN YATES BEALL. The party, however, when the scheme became ripe for execution, comprised many Canadians, and numbered in all from twenty-five to thirty persons. The scheme was to cap- ture a military train on the New York and Erie Railroad, between Dunkirk and Buffalo, in the State of New York. The party was to rendezvous at or near Dunkirk, some pro- ceeding thither directly by rail, and others were to cross Lake Erie in boats from the Canadian shore. Many disap- pointments ensued from the unfavourable weather, and other causes, and many of the party failed in getting to the ren- dezvous, being disheartened by repeated failures, or deterred by prudence and timidity. Finally the party dwindled down to five, who found themselves about the 10th of December, in and near Buffalo, and proceeded thence towards Dunkirk, and made an ineffectual effort to remove a rail from the track. Failing in this they crossed lake Erie, and proceeded to Port Colburn in Canada. The next night a second attempt was made, and a second failure ensued. On the third evening the party were again too late to fasten any effectual obstruc- tion upon the railway ; unfortunately for themselves at least, Col. Martin of the 14th Kentucky cavalry, who was in com- mand, took an iron rail which he found, lying in the vicinity and fastened it upon the track. Scarcely has he done so, when the train is seen approaching ; the party have only time to conceal themselves ; nothing is broken, only a tem- porary stoppage occurs, and the train resumes its course. The raiding party get into their sleigh, return to Buffalo, and the next day proceed thence to the Suspension Bridge. The unfortunate accident by which Beall, to whom the boy An- derson had been committed by Col. Martin, was captured by over-fidelity to his charge, has been sufiiciently dwelt upon. This poor frightened youth, on whose account Beall sacri- ficed his liberty, afterwards purchased his own life by the betrayal of that of his too faithful friend. "We should not judge too harshly, however, of this treachery, under the cir- MEMOIR OF JOHN YATES BEALL. 51 cumstances ; Beall himself, though alluding to his betrayal in a letter written before his trial, did not speak harshly of its author, and in the end freely forgave him. Thus on the 16th of December, 1864, we find Beall once again a prisoner in the hands of the Federal Govern- ment. His identity, however, is not established ; the police officer who arrests him accuses him of being an escaped pri- soner of war — " that," replies Beall — " I will acknowledge, — I am an escaped prisoner from Point Lookout." But this iqimoque de guerre did not avail long to prevent his recognition, or ideniafication. Anderson, as already related, informs the police officer, that he is " Captain Beall ;" it is remembered presently that the man who captured the Island Queen, and Philo Parsons, was called by a similar name, and other links in the chain of identity, are supplied from Canada, and elsewhere ; finally, Ashley, the clerk and part owner of the Philo Parsons, is sent for, and upon being confronted with the prisoner, fully identifies him as the leader of the Lake Erie* raid. First upon his capture, he was taken to the police head- quarters in New York city ; here he remained from the l»th of September until the — day of January. His own diary, kept during his stay in this prison, furnishes the best account of his accommodations, companions, and frame of mind. This " little book " was taken from him by the authorities to be used as evidence against him on his trial ; I deem it best to transfer it from the trial to this point in this imperfect memoir. " I was arrested Friday, December 16th, in the New York Central Railroad station house, at the Suspension Bridge (^junction with the Great Western Railroad of Canada). I was brought to this city Sunday evening (18th), and lodged here. I have been taken out some half a dozen times to be shown men, whose houses have been attempted by fire, or property otherwise attempted. The modus operandi is this : 52 MEMOIE OF JOHN YATES BEALL. The prisoner, unkempt, rougMy clad, dirty, and bearing marks of confinement, is placed among well dressed detectives, and the recognizer is shown in. As a matter of course he can tell who is the stranger. My home is a cell about eight feet by fire, on the ground floor. The floor is stone ; the walls brick ; the door iron, the upper half grated, and opens into a passage running in front of three other cells ; this passage is lighted by two large windows doubly grated, and has an iron door ; at night it is lighted with gas. The landscape view from my door, through the window, is that of an area of some 30 feet square. By special arrangement I have a mattress and blanket. There is a supply of water in my room, and a sink. • My meals are .brought three times a day, about 9, 2> and 7. My library consists of two New Testaments. I am trying to get a Book of Common Prayer. The first week there were brought to this place ten persons, charged with criminal offences : men, women, and children. At first I took an interest in their cases, but now I do not \ they all have been guilty, I believe, and they all wished me a speedy riddance. Nearly every one I have met with seems to regard society as his enemy and a just prey. They look on an offence simply as a skirmish. Profane, lying and thieving, what a people ! Nearly all recommend me to take the oath of allegiance, and enter the army and desert. But some are opposed to betray- ing comrades (' going back on 'em'), while others, more liberal, advocate any means as legitimate to save oneself from severe punishment. The Christmas of '64 I spent in a New York prison ! Had I, four years ago, stood in New York, and proclaimed myself a citizen of Virginia, I would have been welcomed ; now I am immured because I am a Virginian tempora mutantur, et cum illis mutamus. As long as I am a citizen of Virginia, I shall cling to her destiny and main- tain her laws as expressed by a majority of her citizens speak- ing through their authorized channel, if her voice be for war or peace. I shall go as she says. But I would not go for a MEMOIB OF JOHN YATES BBALL. 53 minority carrying on war in opposition to the majority, as the innocent will suffer and not the guilty ; but I do not justify oppression in the majority. What misery have I seen during these four years, murder, lust, hate, rapine, devastation, war ! What hardships suffered, what privations endured ! May God grant that I may not see the like again ! Nay, that my country may not ! Oh, far rather would I welcome Death, come as he might ; far rather would I meet him than go through four more such years. I can now understand why David would trust to his God, rather than to man. " Since I have been placed in this cell I have read the Scripture, and have found such relief in its blessed words, especially where it speaks of God's love for man ; how He loved him, an enemy, a sinner, and sent His Son into the world to save His enemy ; how He compels the wretched from the hedges and highways to come in to the feast ; how any may come, and how he bids, them, entreats them. Though it may seem unmanly to accept offers in our adversity which we neglected in prosperity, yet it is even so that with His assistance I will go up and beg forgiveness, and put my trust in the saving blood of Him who died for man. Aye, I pray Him to grant His grace to my mother and sisters and my loved one. If He is with them, who can be against ? " What pleasure I take in the hymns I learned in boyhood ! They come back to me now in my manhood and in my sorrow, and with God's blessing have wiled away and comforted many a weary and lagging hour. " Deo. %Qth. Last evening the doorman bought me a ' Book of Common Prayer' for fl.OO, and it was and will be a source of great comfort to me. I read over the famihar ser- vices and oft-heard hymns, and committed two — ' Rock of Ages,' and ' Sinners turn, why will ye die ?' — to memory. There were four accused in the three cells last night. As yet I have heard but one give good advice to another. They all with one accord exhort one, another to be good soldiers in 64 MEMOIR OF JOHN YATES BEALL. warfare vs. society, not to give up stolen property ; and, above all, not to trust to the detectives, who are their natural and mortal enemies. Such is life ! ! ! " Dec. Slst. The year is gone ; begun for me in ; it sees me, as it dies, a prisoner in New York. To-day I com- plete my twenty-ninth year. What have I done to make this world any wiser or better ? May God bless me in the future ; be it in time or eternity. May I be enabled to meet my trials with resignation, patience, and fortitude, as one who serves his country and home and people. The year went out in rain — drizzling rain. Will I see the year 1865 go out ? or will I pass away from this world of sin, shame, and suffering ? " Jan. 1st. 1865. Sunday, first day of the week and first day of a new year. To-day I enter my thirtieth year of pilgrim- age. According to the calculation of my father's family, I am more than half-way down life's stream, even if spared by war and sudden death. But in prying into the future, I can see nothing to induce me to think that my days will be lengthened to that age of fatality, fifty-six. Has my fife been so crowded with pleasure or good deeds, that I need desire to prolong it ? Alas ! no. Though well reared, and surrounded with very many advantages, I have not done anything to give me particular pleasure ; nor, on the other hand, have I been remarkable for the opposite. I am truly thankful that I always stayed with mother and the girls, and tried to do my duty by them ; that is one consolation at least, and also that I never voluntarily left them. They know not where I am to-day ; and every one of them is this day thinking of me. Little do they know where I am. Indeed, I doubt if they have heard any thing definite from me for many a weary month. Oh this war ! " This far on life's way I have lived an honest life, defraud- ing no man. Those blows that I have struck have been against the society of a hostile nation ; not against the society of which I am a member by right, or vs. mankind generally. To-day MEMOIR OP JOHN YATES BEALL. 55 the thought has obtruded itself again and again to become an ' Ishmael.' Your country is ruined, your hopes dashed — make the best bargain for yourself. ' Remember the history of the civil wars of France, of England — the examples of Tal- leyrand, Josephine, &c. ; of Shaftesbury, Carmarthen, Marl- borough,' &c. To-day my hands have no blood on them (unless of man in open battle) ; may I say so when I die. I saw grandfather and father die ; they both took great comfort from the thought that no one could say that they had of malice aforethought injured them. Better the sudden death, or aU the loathsome corruption of a lingering life, with honour and a pure conscience, than a long life with all material Com- forts and the canker-worm of infelt and constant dwelling dishonour ; aye, a thousand times. God, our Creator, Preserver, and Saviour ! I pray give me strength to resist temptation, to drive back the thick-coming fancies brooded of sin and dishonour, and to cling to the faith of Jesus, who said, ' Do unto others as you would that they should do unto you.' " Jan. 2d. Last night was called out, and a search made of my room and my person. The captures consisted of two knives. Poor Grimes ! your gift and keepsake was duly declared contraband a,nd confiscated. They gave me two newspapers, which do seem to bear out the statements of Southern loss, &c. Savannah, indeed, is fallen ; but its gar- rison was saved, so that Hardee and Beauregard have an army. And Butler did not take Wilmington, though the fleet did storm long and heavy. Poor Bragg has some laurels at last. Oh that Gen. Lee had 50,000 good fresh veteran reenforcements ! But what are these things to me here ! I do most earnestly wish that I was in Richmond. Oh for the wings to fly to the uttermost part of the earth ! " What would I do without the Bible and Prayer-book, and the faith taught in them, best boon of God, the fount of every blessing ? That faith nothing can take away save God." 56 MEMOIR OF JOHN TATKS BBALL. On the 5tli day of January, Beall was removed from the Police Head-quarters to Fort Lafayette, 'a military prison situated 8 miles below New York City in New York Harbour. The ostensible cause of this removal was an attemjDt on his part to bribe the turnkey of the police prison, an account of which will be found in his trial. In regard to this attempt we may remark that Beall properly regarded himself as a prisoner of war ; as such he was held, and as such only was he tried, and condemned by a mihtary Commission. He thought himself entitled therefore to effect an escape if prac- ticable, and doubtless the subtlest of casuists will not feel dis- posed to dispute his right to use such means as he adopted to effect his object. Allowing for some little inaccuracies in the recollection of the turnkey, every statement made by Beall to him, the author knows, or has the highest authority for believing to have been true. The thousand dollars which he promised was a part of a mortgage for double that sum due him in Canada ; while the information worth $30,000 to the police authorities doubtless related to the arrest or con- viction of certain parties for which the Federal government had offered $60,000. His conversations with the turnkey, although introduced as evidence against him by the prosecu- tion, in reality illustrate the prudence and discretion of the man, and his fidelity to the cause which he had espoused, and for which he in the end sacrificed his hfe. Just before his death, speaking as a dying man, he said to a friend — " Tell my friends in that every secret of which I have been the depositary dies with me!" In the room in which he was confined on his removal to Fort Lafayette, were some four or five other Confederate pri- soners, including Brig. Gen. Page, and Roger A. Pryor. The latter, it will be remembered, was captured by a ruse de guerre near Petersburg, which was so base in its character, that it has been asserted by the friends of Secretary Stanton, that even he disapproved it. A warm friendship sprang up MEMOIR OP JOHN YATES BBALL. 57 between Beall and Pryor, and among his dying requests he desired a memento to be presented to Gen. Pryor. While in this prison he occupied himself in preparing his own defence. What became of this production, which is said to have been most able and complete, is not positively known, though doubtless a very probable conjecture could be given if deemed important ; at all events it has never been permitted to meet the public eye. Beall was first arraigned for trial on the 20th day of January, 1865, before a military Commission, sitting at Fort Lafayette, consisting of six United States officers appointed by Major Gen. John A. Dix, commanding the Department of the East. He protested against being tried by any military Commission, though he did not object to any of the mem- bers thereof individually. His protest was entered on the record. When asked whether he was ready to proceed to trial, he rose, and in a manner perfectly composed and respectful, replied substantially as follows : " I am a stranger in a strange land ; alone and among my enemies ; no counsel has been asssigned me, nor has any opportunity been allowed me either to obtain counsel, or pro- cure evidence necessary for my defence. I would request that such counsel as I may select in the South be assigned me, and that permission be granted him to appear, and bring forward the documentary evidence necessary for my defence. If this can not be granted, I ask further time for preparation." The application for Southern counsel, however reasonable it may appear, was referred to Gen. Dix, and by him at once refused; further time, however, was granted by the Com- mission for such preparation as a prisoner, confined in a dungeon, with irons on his wrists and ankles, and in whose behalf as yet not one friend had had the hardihood to step forward, could be expected to make. A report of the arraignment, and the prisoner's remarks appearing in the New York journals, was brought to the attention of the 58 MEMOIR OF JOHN YATES BEALL. author, whereupon the following letter was addressed to Gen. Dix : „ ■, -i oaa " ToKONTO, C.W., January 26th, Isbb. Major Gen. Dix, Commanding Bepartment of New York, ^c, General, — I enclose you a slip copied from the iV. F. Herald, January 19th, which has just met my eye. I think it most probable that I am the ' Southern Gentle- man' alluded to by Capt. Beall, as we are very dear friends, and I am most likely to be the person whom he would desire to assist him in preparing his defence. I have just arrived here, and have come with no other purpose than to serve Capt. Beall, if indeed he be your prisoner. I am a practising lawyer of Richmond, Virginia. I have come here entirely on my own responsibihty, and at my own expense, and have no connection of any sort, character, or description with the Government of the Confederate States. The Northern papers stated that Beall had been arrested in Canada, and was to be tried here on a requisition by the U. S. authorities under the extradition treaty ; it turned out to be not Beall, but Burley, who was so arrested ; but sup- posing it to he Beall I came on here to defend him, and to bring on documents absolutely essential to a fair trial. After my arrival the inclosed slip attracted my attention. I respectfully apply to you for permission (under such restrictions of parol, &c., as you may think proper) to come on to New York and appear for Capt. Beall, and to bring with me such papers as I may deem pertinent to his case. I again repeat that I am in no way whatever connected with the Government of the Confederate States, nor are any of their agents or representatives cognizant of my action in this matter ; not being subject to military duty, I was free to leave the Confederacy at will, and did so, prompted solely by my desire to serve Beall, who has long been a bosom friend ; and in response to an appeal from his widowed mother, and his sisters. MEMOIR OF JOHN YATKS BEALL. 59 Mr. George D. Prentiss, of the Louisville Journal, was allowed, under parol of both Governments, to attend the trial of his son before a Court Marshal in Abingdon, Va. ; this precedent, and the firm conviction that you will not allow any man to sufifer, while on trial under your jurisdiction, for want of opportunity to bring forward evidence so easily accessible, and for want of counsel who only awaits your permission to appear, encourage me to believe that you will respond favorably to my application. If it be thought proper on your part to refer my application to the Department, or other authorities at Washington, I hope you will do so with a favourable endorsement. If the applica- tion be granted, please inclose me such authority as wUl enable me to obtain a passport, and inform me at what point I shall report to an officer who will parol me, or conduct me to your head-quarters if this be regarded as necessary." [ Here foUow some references, which were sufficient to indicate the character, and bona fides of the author, but which it is not now deemed necessary to insert.J Of this letter Gen. Dix took no notice, and to it deigned no reply. If left to this humane and Christian officer, the trial would have proceeded without counsel, or evidence on behalf of the unfortunate officer on trial. It happened also that Gen. Dix had no need of reference to the parties, whose names from motives of delicacy are not inserted in the above extract, but to whom he was with confidence referred by the author ; he (Dix) had in his own possession, intercepted, and not allowed, though in a manner intrusted to his sense of justice, to proceed on its mission in quest of evidence absolutely ne- cessary to Beall's defence, the subjoined letter addressed to the author, which at once confirmed the truth of many state- ments made in the above letter, and fully avouched the good faith of its writer : QO MEMOIR OF JOHN TATES BEALL. Exhibit A. [One U. S. Stamp enclosed.] Fort Lafayette, N. Y., Jan. 22i, 1865. Mr. D. B. Lucas, 173 Main St., Richmond, Va. Dear Dan, — I have taken up board and lodging at this famous establishment. I was captured in Deer, last, and spent Xmas in the Metropolitan Hd. Qrs. Police Station. I am now being tried for irregular warfare, by a Military Com- mission, a species of court. The acts are said to have been committed on Lake Erie and the Canada frontier. You know that I am not a " guer- riHero" or " spy." I desire you to get the necessary evi- dence that I am in the Confederate service, regularly, and forward it to me at once. I shall write to Cols. Boteler and HoUiday in regard to this matter. I 'must have this evidence. As the Commission so far have acted fairly, I am confident of an acquittal. Has Will been exchanged ? I saw that Stead- man had been killed in Kentucky. Alas ! how .they fall ! Please let my family know if possible of my whereabouts. Where is my Georgia friend ? Have you heard any thing from her since I left ? May God bless her. I should like so much to hear from her, from home, WiU, and yourself. Be so kind, therefore, as to attend at once to this business for me. Remember me to any and all of my friends that you may see. Send me some postage stamps for my correspondence. Hoping soon to hear from you, I remain your friend, J. Y. Beall, C.S.N. If Mr. Lucas is not in Richmond, will Mr. Hunter attend to this AT ONCE. This letter, together with one addressed to Col. Jacob Thompson, a commissioner of the Confederate States at Toronto, Canada West, and another to. Hon. Alexander R. MEMOIR OF JOHN TATES BEALL. 61 Boteler of Richmond, all of which were entrusted by Beall to the Commander of the Department, Gen. Dix, were held by order of the latter to be used against him on his trial, instead of being allowed to proceed on their way in quest of evidence most palpably of great importance to the defence. The other two letters referred to are in like manner abstracted from the published trial, and inserted here : Exhibit B. [ I enclose a U. S. Stamp.] Fort Lafayette, N. Y., Jan. 22nd, 1865. Col. A. R. Boteler, Richmond, Va. Dear Sir, — I am on trial before a Military Commission for irregular warfare, as a " guerrillero" and " spy." The acts are said to have been committed on Lake Erie and at Suspension Bridge, in Sept. and Dec. last. As I cannot in person procure any papers from Richdmond, I have to. rely on my friends, and therefore I request you to procure evidence of my being regularly in service, and for- ward such evidence at once to me. I have also written to Messrs. Hunter and Lucas. Please call on them in regard to this, and also Mr. Henderson if necessary. Very truly, your friend, J. Y. Beall, C. S. N. Exhibit O. Fort Lafayette, N. Y., Jan. 22nd, 1865. Col. Jacob Thompspn, Toronto, C. W. Sir, — I was captured in Deer., and am on trial before a Military Commission for irregular warfare, as a " guerriUero" and " spy." The acts are said to have been committed on Lake Erie and at Suspension Bridge, N. Y., in September alid December last. 62 MEMOIR OF JOHN YATES BEALL. I desire to procure from my Government and its authori- ties evidence of my being regularly in service, and of having been acting under and by authority. Please procure and forward me, as soon as possible, certificates or other evidence confirming this fact. The Commission so far have evidenced a disposition to treat me fairly and equitably. With the evidence you can send, together with that I have a right to expect from Richd. and elsewhere, I am confident of an acquittal. Please attend at once to this, acknowledging at any rate the receipt of this letter. Very respectfully, J. Y. Beall. The world, and that future which will try, condemn, and crucify all of those heroes who, in the great civil conflict, shrank from the field of danger, and chose the safer position of police oflScer, jailor, tyrant, and military butcher at home, or hundreds of miles from the scene of conflict, should have on record the evidence that Gien. Dix did not desire a fair trial to be accorded his prisoner ; and no other proof of this fact is necessary than that which he himself has furnished in the suppression of these letters, and his refusal to allow the prisoner an opportunity to obtain such documentary evidence as his friends or his Government had in their possession. It is proper to state further that Beall did succeed, through counsel, or otherwise, in communicating with Colonel Thompson, and that the latter responded, inclosing to General Dix, and also to Beall's counsel, a certificate from Lieut. Colonel Martin, who commanded the raiding party, in which the latter stated that the real object of the interception of the cars between Dunkirk and Buffalo was to release from their guard Confederate prisoners, viz., Brig.-Genls. Cabell, Marmaduke, and other officers, who were being transported from Johnson's Island to Fort Warren ; that he (Martin) did not explain the real object of the attack on the MEMOIR OP JOHN YATES BEALL. 63 train to any of his command but his brother officer, Beall, but. left the others to their own conjectures upon the subject. This certificate of Colonel Martin was not allowed in evidence by the Commission ; nor had Beall opportunity to prove, as he could have done under the usual facilities for obtaining evidence, and preparing his defence, that when the train was stopped there was on board thereof the prisoners above men- tioned, and that the want of time to make the obstruction effective, was all that prevented an attack upon the guard, and an attempt to release the prisoners; this latter fact was contained in the certificate of Colonel Martin already alluded to. Thus, without counsel, and debarred from those opportunities for defence which, before civil tribunals, are allowed to those charged with the highest crimes known to the law, was Beall being hurried to his preadjudged doom. At this juncture James T. Brady, Esq., although not permitted hy law to receive any compensation for hvs services, generously came forward, and undertook the defence. Those who had lon^ admired the intellect, were now taught to appreciate, with equal admira- tion, the courage and generosity of James T. Brady. 'Tis something to be a great lawyer, but a much higher attribute to be a good man. This is a truth which history has con- tinued to illustrate from the career of the first Public Accuser of the French Revolution to that of the present Judge- Advo- cate-Creneral of the United States. Printed with this volume will be found the authorized edition of the trial of the subject of this imperfect memoir, including Mr. Brady's defence, and the reply of the Judge-Advocate, and General Dix's orders for carrying out the sentence of the Commission. Any facts which I have stated additional to those elicited on the trial are ^ven under a sense of responsibility as high as the oath administered by any tribunal could inspire. CHAPTER V. l^ast Hours and Death. Having thus traced the career of John Yates Beall from the cradle to the bar of a military tribunal, from his birth to his condemnation to death, we approach now the last act in his dramatic life. Having exhibited no small degree of acquaint- ance with the " art of living," the question remains, — does he know how to die ? His doom is pronounced ; will his nerve give way ? Will he change his ground ? Thus far, the steadfast soldier of duty — will he now go over to the banner of pohcy ? A darer of death hitherto, will he now become a suppliant for life ? Will he purchase freedom for himself by divulging secrets which will expose his friends to imprisonment ? In fine, will he have the Spartan courage, with a hand not tremulous, and a cheek unblanching, to accept the crown of martyrdom which heaven or destiny holds out to him ? What efforts have been resorted to to break his resolution and impair his will, we cannot in full relate. With his jailors, while under military authority, his friends have no particular cause of complaint. Every bastile has its own secrets ; and it may be difficult to justify the irons which manacled both the ankles and wrists of a military prisoner before any charges have been preferred against him, or even his identity fully established. It is certain, also, that the same expedient which shattered the nerves of Captain E,. C. Kennedy,* and sent him into eternity blaspheming in the incipient stages of mania-potu, was tried upon Beall ; but the cup had no charm for him, and he waived it aside. * Capt. Kennedj was executed for an alleged attempt to burn New York city. MEMOIR OF JOHN TATES BEALL. 65 Having been condemned by the Commission on tbe 8th of February, by order of General Dix, issued on the 14th, he was to be executed between the hours of 12 m. and 2p. m., on the 18th of the same month. Accordingly, and with a view to his execution, he was removed from Fort Lafayette to Fort Columbus, the latter being situated on Governor's Island, immediately off New York city. Here he was placed in a dungeon, narrow and gloomy, in the interior of the fort. Into this cell no gleam of God's sun had ever penetrated. A little pine table was his escritoire. Papers were allowed to be brought him by the guard. Through the same channel he obtained writing material ; wMle with books his friends supplied him. Over all fell his only light from the solitary gas-burner. His health, we have seen,, was delicate ; a suppurating wound is not a well of life, nor are Lafayette and Columbus very good hdtels des invalides. It was thus under adverse circumstances that this soldier was subjected to his ordeal, and all but himself muat have doubted his ability to sustain the test. Perhaps his mother, whom he dared not hope to see again, did not doubt that her boy would meet death in a manner higher than the " high Roman fashion." It was only on the 13th of February that he was notified of the finding of the Commis- sion. At what period, during the four days which General Dix allowed him to prepare for death, he was notified of the order for his execution, I am not informed, nor under what circum- stances this announcement was made. It was accompanied by a recommendation on the part of General Dix to the prisoner to make his will, and facilities were afforded accord- ingly. How he met the announcement has not been made public. We are at no loss, however, to infer his bearing from the account given by Mr. JBrady, who saw him on the eve before his mtended execution There is a string in the human heart which the mother alone holds in her hand. The mother of Coriolanus touched it before the gates 66 MEMOIR OF JOHN YATES BEALL. of the Imperial City. Tiberius Gracchus felt it thrill when Cornelia exclaimed : " How long shall Rome know me only as the mother-in-law of Scipio !" If Mr. Brady, there- fore, had taxed his ingenuity or his deep skill in human nature to its utmost, he could not have hit upon a severer test of Beall's nerve than when — " after taking his hand, and bidding him farewell, he turned back as if he had for- gotten something, and asked him if he (Beall) would favour him with the address of his mother, in order that he might communicate with her. He watched him keenly, but he saw no tremulousness of the fingers, no twitching of the nerves, and no emotion. But he had told me before this, ' I care nothing for the judgment of mankind, and nothing for the punishment I have to suffer, because I know my mother thinks her son is right, and my sister will honour my memory.' " . . All unconscious as BeaU afterwards declared himself to be of the close, keen scrutiny of Mr. Brady, he still, as yet, betrayed no symptoms of fear — no tremulousness. On this same evening, preceding the day first fixed for his execution, he occupied himself in writing farewell letters to his friends and relations. The following to his faithful friend, James A. L. McClure, Esq., of Baltimore, was forwarded to President Lincoln, and is characteristic ; as also the succeeding one to his younger brother, a private in the " Stonewall Brigade." Fort Lafayette, 14th Feb., 1865. Mr. James A. L. McCluke, Baltimore, Md., Dear Sir, — Last evening I was informed of the finding and sentence of the Commission in my case. Capt. Wright Rives, of Gen. Dix's staff, promised to procure you a copy of the record of my trial. I am solicitous for you, who represent my friends, to have one, and to attach this statement to it : " Some of the MEMOIR OP JOHN TATES BBALL. 67 evidence is true, some false. I am not a spy nor a guerril- lero. The execution of the sentence will be murder:" and at a convenient season, to forward that record, and statement to my friends. I wish you to find out the amount of the expenses of the trial, and forward it to me at once, so that I can give a check for the amount. Capt. Wright Rives assured me that my friends could have my body. For my family's sake, please get my body from Fort Columbus after the execution, and have it plainly buried, not to be removed to my native State till this un- happy war is over, and my friends can bury as prudence, and their wishes may dictate. Let me again thank you for your kindness, and believe me to be now, as in days of yore, your attached friend, John Y. Beall. Fort Lafayette, Feb. 14th, 1865. Dear Will, — Ere this reaches you, you will most pro- bably have heard of my death through the newspapers ; that I was tried by a military commission, and hung by the enemy ; and hung, I assert, unjustly. It is both useless and wrong, to repine over the past. Hanging, it was asserted, was ignominious ; but crime only can make dishonour. " Ven- geance is mine, saith the Lord, and I will repay ;" there- fore do not show unkindness to the prisoners — they are helpless. Remember me kindly to my friends. Say to them, I am not aware of committing any crime against society. I die for my country. No thirst for blood or lucre animated me in my course ; for I had refused, when solicited, to engage in enterprises which I deemed destructive j but. illegitimate ; and but a few months ago I had but to have spoken, and I would have been red with the blood, and rich with the 68 MEMOIR OF JOHN YATES BEALL. plunder of the foe. But my hands are clear of blood, unless it be spilt in conflict ; and not a cent enriches my pocket. Should you be spared through this strife, stay with mother, and be a comfort to her old age. Endure the hardships of the campaign as a man. In my trunk and box you can get plenty of clothes. Give my love to mother, the girls too. May God bless you all now and evermore, is my prayer and wish for you. John Y. Beall. The following extract from the eloquent letter of Albert Eitchie, Esq., to Mrs. Beall, which will be found published entire in the " Correspondence," furnishes a most interesting and reliable account of the unavailing efforts made in her son's behalf between the day first fixed for his execution, and the period when the final order therefor was carried into execution. " On Wednesday morning preceding the day first fixed for the execution of his sentence, Mr. McClure, who had pre- viously been permitted to see him at Fort Lafayette, received the information by telegraph of the finding of the Commission, and of the order to carry into execution the sentence on the following Saturday. He immediately retained the professional services of Mr. Andrew Sterrett Ridgely, of Baltimore, for the purpose of. having the case presented to the President, that he might procure if possible at first a respite, and then a commutation of sentence. Mr. Ridgely entered upon the case with the utmost possible zeal, and we three having passed the day, and most of the night in such preparation, as we deemed the emergency required, Mr. Ridgely went to Washington on Thursday morning. In the afternoon of Wednesday Mr. McClure received a telegram from Daniel B. Lucas, urgmg him to use every possible means, and spare no efforts to pre- vent the execution of the seatencfif. Several dispatches of a MEMOIR 0^ JOHN TATES BEALL. 69 similar character were received from Mr. Lucas during the succeeding days. On Thursday morning Mr. McClure received a letter fijom John in which he announced his conviction and sentence.* This letter was answered by telegraph through Capt. Rives. — He instantly thought that nothing could give to the Pre- sident a clearer idea of the polished character, and manly tone that John possessed, than the simple reading of this letter — and I went at once to Washington to have it presented through Mr. Ridgely. Mr. Ridgely, however, had returned to Baltimore before I reached Washington, so that I was obliged also to return the same night. We had immediately an interview with him, to ascertain the result of his visit, and efibrts. He brought us no encouragement. Friends at Washington had interested themselves, and had appealed to the President even before Mr. Ridgely's arrival ; and in his interview with that gentleman, he was positive in his deter- mination not to interpose against the order, and judgment of Gen. Dix, with whom, without the active interference of the President, the case entirely rested. At a late hour of the night we roused from his bed one of our personal friends, Mr. Francis L. Wheatly, a gentleman of influential associations in Washington, and told him that we wished him to go over in the morning. He responded with the most willing promptitude, and throughout the whole period of anxiety and effort, down to the last moment, mani- fested the utmost interest and zeal. Mr. Wheatly and myself went to Washington on Friday morning. We there met at once with the co-operation of several gentlemen from New York, who had come on to Washington, representing the anxiety felt by a number of * This letter having been given entire, Mr. Ritchie's abstract is omit- ted. See page 87. YO MEMOIR OF JOHN YATES BEALL. their friends in the former city. Acting together we secured the additional professional services of Mr. 0. H. Browning, Ex-Senator from Illinois, and an intimate personal friend of the President. In the meantime, we learned that many others, very few of the names of whom we were able to ascer- tain, had taken a deep interest in the case, and that several interviews had been had with the President. We learned, however, that among those who saw the President, were, Mr. Mallory of Kentucky, in company with several ladies, and Mr. Hendricks of Missouri. Mr. Browning, like Mr. Ridge- ly, entered upon the case not only with his professional ability, but with his personal feelings zealously enlisted. While he prepared in his office a statement to be laid before the President, we invoked the influence of our friends in Congress, and immediately placed in their hands an applica- tion asking a commutation of punishment. To this applica- tion we secured the names of more than ninety members during the day. The Rev. Dr. Bullock, of Baltimore, had also come over to use his influence in John's behalf. We heard through every hour of the day, also, of the interest manifested, and exertions made by others — strangers to us, and strangers to John, except so far as he was known to them by the appreciation they had formed of his character, and by those sympathetic ties which unite the generous, and high- toned, no matter what may be the differences of political or religious creed. Late in the afternoon Mr. Browning, two gentlemen from New York, and myself went to the President. Mr. Browning had an interview with him of more than an hour's length. He told us when he returned, that he felt assured the sentence would not be carried into execution on the next day ; but could give us no idea of the probable period of the respite, which he thought would be granted. Mr. Ridgely caine over from Baltimore late in the evening, and in company with several other gentlemen who were deeply MEMOIR OF JOHN YATES BBALL. 71 interested, we consulted, in Mr. Browning's office, in regard to the further measures it was desirable to adopt. On Saturday morning, we received the gratifying intelli- gence, that a respite had been granted, but whether for any particular length of time, or indefinitely, we could not tell. Mr. Browning endeavoured to see the President during the day, that we might be informed in this particular, but was not successful. In our final interview with Mr. Browning, on Saturday afternoon, we asked to know fully and frankly his opinion of the prospect before us in endeavouring to secure a commutation of sentence. He told us that he had little hope that we would be able to accomplish more than the respite but added that if we could obtain the approval of Geh. Dix he felt assured the President would commute the sentence. Mr. Wheatly and myself returned to Baltimore, leaving Mr. Ridgely in Washington with the assurance from him, and from Mr. Browning that nothing there should be left undone. From Baltimore, we immediately proceeded to have such measures taken in New York, and such considerations connected with the case presented to Gen. Dix, as would, we trusted, induce him to recommend, or, at least, approve a commutation. On Monday morning, Mr. McClure went to Washington to advise with Mr. Ridgely, and Mr. Browning, while I remained here to procure letters to Gen. Dix, and to others, whose counsel and influence we deemed valuable, should it be found necessary to go on to New York. On Monday evening I received a telegram from New York which brighten- ed our hopes ; on Tuesday evening, after the return of Mr. Ridgely and Mr. McClure another, which was discouraging. It was then thought best that I should go to New York to ascertain, if possible, the exact position of the case there, we having been still unable to learn the precise character of the respite. Hearing at a late hour that you were in Baltimore, Mr. 72 MEMOIR OF JOHiSr TATES BBALL. McClure and myself at once endeavoured to find you, but only to learn that you had left the city. I went to New York on Wednesday night, and soon after my arrival Thurs- day morning, I was startled by the rumour that the sentence was to be carried into execution on Friday, the following day, The announcement was made, I beheve, in but one of the inorning papers, and in that one not officially. I immediately inquired at the office of that paper the authority upon which the statement appeared ; but receiving no clear information, went to the Head Quarters of Gen. Dix. I there found that the fact confirmed the rumour, and that the order actually hac been issued. I presented my letters, and had an immediate interview with Gen. Dix, the result of which convinced me that as far as we relied upon him, " there was not" — in his own words — " a gleam of hope," and that there was no hope Tbut in Washington. Other appeals to Gen. Dix continued, I "believe, through the day, but I felt that my own personal resources were exhausted, and that I was helpless for the accomplishment of any other service than the discharge of those offices of friendship, which the most trying hours of our life require. Gen. Dix tendered me a pass very promptly, adding at the same time, that while he had been strict, in order to prevent intrusion, any one whom Capt. Beall wished to see, would be permitted to go to the Island. I at once telegraphed to our friends in Washington the information 1 had received, and to Mr. McClure in Baltimore, telling him to send Mr. Ridgely and Mr. Wheatly to Wash- ington, and himself to come on to New York, that we might both be prepared, when the last hope died, to carry out what had been our purpose from the beginning — which was, should it be impossible to arrest the coming of that hour, to at least share it with him if permitted. Those gentlemen went instantly to Washington, and in common, with many anxious and earnest friends, laboured to the last, as if for a brother or a son. Mr. John S. Gittings, of Baltimore, who, from the MEMOIR OF JOHif YATES BEALL. 73 beginning had manifested the most active interest and kindest feeling in behalf of John, -went in company with Mr. Ridgely. Mrs. Gittings, Mr. Montgomery Blair, and Mr. Ridgely called upon the President at a late hour on Thursday evening. The President, by his messenger, inquired of Mr. Blair the purpose of his visit, sending word at the same time iha.t if it related to the case of Capt. Beall, he could not give an interview. Mr. Brady went on from New York Thursday night — Mr. Grafflin, of Baltimore, went also to Washington on Thursday afternoon. Mr. Brady, in company with Mr. Francis Blair and Mr. Stabler of Montgomery County, per- sonal friends of the President, and Mr. Wheatly, called upoi Mr. Lincoln at an early hour on Friday morning. There ha( already been two companies of gentlemen to see him on the samt mission ; whether they procured an interview or not, I can . not say, — but Mr. Brady and the gentlemen with him were informed by the President's private secretary, that the case of Capt. Beall " was closed," and that he could not be seen any further in reference to it. Mr. McClure, in company with Mrs. Basil B. Gordon, reached New York, from Baltimore, on Friday morning. Mrs. Gordon, at a very early hour, had an interview with Gen. Dix, and appealed to him in John's behalf, in the most earnest manner.'' It will thus be seen that no stone was left unturned to obtain a reprieve, and to the extent of a short respite these efforts were successful ; during this respite every legitimate means was resorted to to influence the President or Gen. Dix, either of whom had the power to interpose between the sen- tence and its victim, but all intercessions were vain. For days before the execution the President closed the doors of the Executive palace against all suppliants, male or female, and his ears against all appeals, whether with the tongue of men or of angels, in behalf of his unfortunate prisoner From the first Mr. Lmcoln had responded to all applications 74 MEMOIR OF JOHN TATES BBALL. for his interposition, — " Gen. Dix may dispose of the case as he pleases— I will not interfere" .... Gen. Dix, on his part, replied, " All now rests with the President, - as far as my action is concerned there is not a gleam of hope !".. .Thus they stood as the pillars of the gallows, on which Beall's fate was suspended, and between them he died,. . .The credit, if any, in resisting all appeals for mercy belongs jointly, in whole or in part, to both ; and in the same manner, the infamy, if such attach to the execution, pertains in the same undivided, indivisible estate to both .... There was one expedient which might have proved successful had it been adopted : that was to have purchased the more influential of the Republican journals of New York over in favour of mercy. There was one influence to which President Lincoln never failed to yield when strongly directed against him — the voice of his party ; this he did upon principle, as the head of a popular government . . . . It was in response to such partizan appeals that Fish, Ex-provost Marshal of Baltimore, who on conviction of open and shameless bribery, and pecula" tion was sentenced to the penitentiary, obtained pardon ; while Gen. Paine, found guilty before a military tribunal of outraging all the proprieties of war upon the persons, and property of women, children, and other defenceless non-com- batants, succeeded by similar means in propitiating executive clemency .... Unfortunately neither Beall nor his friends belonged to the Republican party ; hence the doors of mercy were closed against him. At some period during the respite granted, Mrs. Beall having come on from Virginia, had an opportunity of visiting her son It would be an error to suppose, in accordance with the current conjecture in the journals of that day, that the respite was granted for the purpose of' allowing this opportunity to the heart-stricken mother. Its real object was to give the Commission an opportunity to amend their finding in accordance with a suggestion made to them by MEMOIR OF JOHN TATES BEALL. 75 Gen. Dix. The discovery of a supposed error, in regard to which it may still be doubted whether the Commission were not originally entirely right, and the Gen. commanding entirely wrong, was fortunate, inasmuch as it allowed Beall an opportunity to see his mother for the last time. The character of this interview, which took place in the presence of ofiBcers, was naturally affecting, though both exhibited that degree of composed fortitude which might have been expected by those acquainted with their characters. The son derived from it great comfort, for, said he, " I saw the moment she entered the cell that she could bear it, and that it made no difference to her whether I died upon the scaffold, or fell upon the field." He gave her no ground to indulge the hope of final pardon for himself. " No !" said he, " they are thirsting for my blood !" And thus parted mother and son to meet again only in that realm where the changed and spotless are clothed in the transcendent beauty of immortal and incorruptible spirits. Thus we find Beall in Fort Columbus, face to face with his doom, all hope extinguished, every avenue of mercy or escape closed. His friends tell him there is still a faint gleam of hope. He responds that he himself entertains none ; nor would he exchange, he declares, the penalty of death for the living death of perpetual or indefinite imprisonment ; he prefers an open grave to a vault Gen. Dix allows his friends to visit him freely Ministers of his own church bring him the holy unction of their message, and Catholic priests call on similar errands On Thursday the 23rd, two of the latter are at the door of his cell just before his friend Mr. Ritchie asks admittance : — " If they come through sympathy," said Beall, " admit them, if through curiosity I do "hot care to see them." They were admitted, being holy men on a catholic errand The Rev. Joshua Van Dyke visits him on the day before his execution, and writes : " I found him to be all that you had 76 MEMOIR OF JOHN TATES BBALL. described him, and much more. He was confined in a narrow and gloomy cell, with a lamp burning at midday ; btit he received me with as much ease as if he were in his own parlour, and his conversation revealed at every turn the gentleman, the scholar, and the Christian. There was no bravado, no strained heroism, no excitement in his words bi- manner, but a quiet trust in God, and a composure in view of death, such as I have read of, but never beheld to the same degree before. He introduced the subject of his approaching end himself, saying that while he did not pretend to be indifferent to life, the mode in which he was to leave it had no terrors or ignominy for him ; he could go to heaven, through the grace of Christ, as well from the gallows as from the battle-field, or his own bed ; he died in defence of what he believed to be right ; and so far as the particular things for which he was to be executed were concerned, he had no con- fession to make or repentance to exercise. He did not use one bitter or angry expression towards his enemies, bat calmly declared his conviction that he was to be executed contrary to the laws of civilized warfare. He accepted his doom as the will of God " I left his cell," exclaims this distinguished divine, — " saying to myself — the chamber where the good man views his fate is privileged above the common walks of life !" Dr. Weston, chaplain of the 7th New York regiment, visited him on the 18th of February, the day whence a re- spite deferred his execution, and Beall received him with " marked courtesy." He has a Bible, but no Prayer-book ; yet, (as he tells us in his diary), as early as December the 29th, the doorman of the Police head-quarters had bought him a " Book of Common Prayer for $1.00." What then had become of" it, that on the morning first appointed for his execution, he has no prayer-book ? It is almost too sadly sacred to relate he had sent it, a gift of life from the hands of death, to his betrothed ! MEMOIE OJ' JOHN YATES BEALL. 77 He does not tell Dr. Weston only the friend knows it, vrho has received it from his hand before the knowledge of the intervening reprieve. His Bible has been obtained in prison ; upon opening it at random his eyes fall, first upon these sublime verses: "For our light affliction, which is but for a moment, worketh for us a far more exceeding and eternal weight of glory, while we look not at the things which are seen, but at the things which are not seen : for the things which are seen are temporal, while the things which are not seen are eternal !" He has written on the margin of his Bible several hymns, — old hymns which stand in relation to the prayer-book collection as the essential oil to the remainder of the plant ; among them were, " Eock of Ages cleft for me !" — " Jesus, Saviour of my soul !" and " I would not live always, I ask not to stay 1" His friend, Mr. Ritchie, visits him on Thursday, the day preceding the execution. The jailor. Major Coggswell, U.S.A., exacts a promise that he will not furnish the con- demned man with any instrument by which he can take his own life ; Mr. Ritchie relates this promise to Beall, who replies — (throwing his left foot over the right knee, and tapping it with his finger), — " In my left shoe here I have had all the time a little steel saw, with which I could have opened a vein at any moment, had I wished to do so — and I would like you to remind me of it in the morning." This little saw, made of a steel watch-spring, and which was found on experiment to go through iron with rapidity and ease, was cut from between the double upper leathers of Beall's shoe after his death; indeed, two of them were so found One of them his mother now has, the other his enemies How they came there is not a mystery, but a secret For what use destined, would have been 78 MEMOIR OF JOHN YATES BEALL. demonstrated, but for the iee encircling Fort Lafayette; Thus the season, no less than the fates, opposed Beall's deliverance. The morning of the 24th of February opened fairly. Mr. Ritchie had spent the preceding night in the fort, and until midnight had remained in the cell with Beall. On Wednesday night he had slept soundly, and happy dreams of home and childhood had visited him ; but on Thursday night, the tooth-ache, to which he was subject, and with which he was suffering when arrested, attacked him again, and to some extent robbed him of his last night on earth. He would have liked some laudanum, he said, to still 'the pain, but declined to ask for it for fear of being misunderstood Nothing, however, disturbed the tranquillity of his soul. The execution was ordered between twelve and two Messrs. McClure and Ritchie were left in the cell with the prisoner alone uninterruptedly for about an hour this time was spent in calm, quiet, pleasant conversation Old friends were inquired after . . . . old scenes recalled and the circumstances connected with his own participation in the raids upon Lake Erie, and on the Dunkirk and Buffalo railway are gone over At some passages in these conversations he rubbed his hands, (an old familiar habit), and laughed in his old gleeful manner this ivas more than self-possession — it was absolute cheerfulness He spoke of his approaching death, and gave directions for the disposition of his body dictated his epitaph, which was to be — " Died in defence of his country !" As the hour waned, McClure looked at his watch ; Beall noticed the movement, smiled, and inquired the hour it was after 12 The execution, by the order, was to be carried out between 12 and 2 his voyage was there- fore rapidly drawing to a close the sails could be seen coming up from the under-world Destiny was making MEMOIR OP JOHN TATES BEALL. 79 the last entry in the log-book of life the harbor, and the steeples of the city were in sight. Very soon Major CoggsweU came in to bid his prisoner farewell ; this officer himself had once been held in Richmond as a hostage, with the sword of Damocles above him, and he could therefore sympathise with a soldier under similarly trying circumstances like all around him also he had been drawn into the magnetic circle of Beall's friendship. After partaking of some nourishment, which Dr. Weston and Mr. McClure shared with him, Beall is left alone with his spiritual adviser and attendant : after him the officers of the law enter, and mantle him with the sad paraphernalia of death — intended to be ignominious, but with such a soul beneath it absolutely radiant, and luminous with light While the officers are performing their mournful duty, Beall addresses them : " All I ask," said he, " is that there be no unnecessary consumption of time in the execution ; for after aU it will be to me but a mere muscular effi)rt !" His friends return to find him hooded, and a black mantle thrown over his shoulders. Mr. McClure, not observing that his hands are fastened behind him, offers his hand. " I can not shake hands" said he, smiling — " I am pinioned !" His picture presented the reader was taken three hours before his death. He had dressed himself upon this morning with unusual care and neatness his linen was white and clean, and his black silk cravat was gracefully tied beneath a rolling collar. He wore a new pair of dog-skin gloves of saffron colour just the extremities of his fingers protruded from the military blue-black cloth cape which some officer had considerately thrown over his shoulders, and which entirely concealed the manacles on his wrists, and the circle of death about his neck Upon his head was placed the fatal cap ; but the bag with its long tassel fell gracefully and ro- mantically to one side, while in front it was rolled up turban-like above the brows its blackness lent additional lustre 80 MEMOIK OF 30m YAXES BEALL. to the whiteness of the martyr-faxje beneath it this face, naturally colourless, was blanched by long and aolita,ry confiner. njent it was smooth, white and almost transparently clear the humors of the eye, whose tell-tale congestion always betrays weeping, restlessness, or nervous agitation through the night, bore now a different testimony they were as white, as seamless as an infant's as he stepped from the threshold of his cell they began to beam, until (in the language of a friend from whom this description is taken) they shone with an " unusual, and unearthly splendour" As he passed out he turned to Messrs. McClure and Ritchie, and said — " Good-bye, Boys, I die in the hope of a re- surrection, and in defence of my country!" His friends Messrs Ritchie and McClure are admitted to his cell, as Dr. Weston, the minister appointed to attend him in his last moments, is leaving it he has partaken of th^ sacrament of the body and blood of Christ. Mr. Ritchie has. remained all night with him .... Mr. McClure has never seen him since his removal from I'prt La- fayette .... When McClure asked permission of Genl. Dix tp visit the prisoner, the General demanded to know why he wished to see him. Mr. McClure explained that they were old college-mates, and long-tested intimate fi"iends; taking advantage of this opening he gave to the Federal General the, truth as to the prisosner's principles, position, morals and gene^ ral worth, blending the whole account in the warmly tinted colours which friendj^p in this instance had a do.ublp, war- rant to employ When he had concluded, the General replied . ..." I believe him, sir, to be all that you have stated, — :and something mpre, — he is a Christian." " And how, Genejral, did you leam this?" " I have his Diary," responded the General. Gen. Dix did not hesitate, therefore, to allow Mr. McCIuib. to visit Fort Columb;Vi,8. He arrived about eleven o'clox^. The gallows was erected. on a gentle slope at the lower ,extif#r MEMOIR OF JOHN YATES BEALL. 81 mity of Governor's Island, facing to the South, -within one hundred yards of the sea ; it was a contribution from the civil authorities on it they had executed a negro for murder (Hawkins), a Yankee slave-trader (Gordon), and a pirate (Hicks) the civil magnates envied the military the 6clat of a political executioner, and contributed an instrument of death which would, as they supposed, lend its ignominy to the victim ; just as the Jews imagined the cotemporaneous execution of thieves would add to the shame of the Crucifix- ion That nothing might be wanting to make the exe- cution national, that is, characteristic of the nation, the gal- lows itself was a specimen of Yankee mechanical ingenuity : " There was no drop, but a chair was placed directly under the rope, which ran through an aperture, and along a groove or series of pulhes in the beam above, the other end falling into a rude box, or shanty where it had connection with a heavy weight, which by the severance of a subordinate line would bring the noose up with a swift jerk to the top of the gallows-tree. Up and down in the interior of the inclosure containing the weight paced the man whose business it was to cut the short line, [supporting the weight], at the signal." The executioner himself was no ordinary Abhorson . . .... he was (it is stated) a deserter, long confined on the Island, whose pardon was promised as a reward for the faith- ful discharge of the hangman's office It is to pour- tray the temper of the times, to commemorate the genius of a people, that History demands these details they are due to the executioners, not to the victim .... for the latter the memory of his character, and the lesson of his martyrdom were sufficiently preserved by the simplest recital of the man- ner in which he " fell to sleep." At a little past one o'clock the cortege passed out of the stem, arched sallyport of Fort Columbus ; the order of thft procession was as follows : 6 82 MEMOIR OF JOHN YATES BEALL. Front. . Bight. Lieut. Tallman, Left. Provost Marshal of Governor's Island. Company \ Centre. I Company / The Prisoner. \ of \ Rev. Dr. Weston. < of \ Marshal Murray, / Regulars. / and VRegulars. Aides. The other prisoners of the Port were ordered to their cells. and the doors of the Fort were closed The band struck up the death-march, and the solemn procession moved forward. Beall caught the step of the regulars, and moved with lihem ; he was a soldier, and knew how to keep step even to music of his own death-dirge But his step was lighter than that of the heavy soldiers . . . . it was as light, as free, as tameless as TeU's in the mountains of Switzerland as proud and firm as McGregor's on the skirts of Ben Lomond Here was no malefactor at all Here was a groom leaping to the bridal-chamber or a, conqueror passing xinder the triumphal arch of an ovation ! Suddenly, upon a little eminence overlooking the spot and instrument of execution, the procession calls a halt. What ■does it mean ? The victim's face is turned full upon the gallows and upon the rough pine coffin at its foot .... , . . . " Oh! this, this is cruel, and cowardly ! " exclaims one of his two faithful friends who are following afar off. Beall might avert his face .... but he is a soldier, and will not do it. For nine solid minutes by the watch is he kept face to face with the gallows tSte-d-tSte with his own coffin. For once, — just for a second, or a fraction of .a second, there is a change in his countenance he had asked .only that there might be no unnecessary delay here MEMOIR OF JOHN YATES BEALL. 83 is an unexplained, an apparently causeless, a probably wan- ton delay for a single instant the thought sinks in his heart of love, and the waters from the fountains of bitterness well up to his face. However, it is the last strug- gle—the articulus mortis — the death-spasm of the natural man it is nature turning back on philosophy sin's farewell ejaculation on the cross of faith. There was at all times something very stern — something " mysterious " '(as the friend expressed it who witnessed it on this occasion) , in Beall's frown but now this expression is so transient, so momentary that it escapes the priest, and all the reporters ; only the friend who knows him so well detects it. There is no discomposure, no blanching, no dismay, no revived hope of life, no relaxation of indifference to death, depicted in this brief change of expression it is simply the dislocation of a smile. For eight minutes and fifty-nine seconds, that this imaccountable and unaccounted for suspense lasts, the face of the victim, as the sea breeze sports up and down the tassel of his picturesque cap, is serene, and peaceful. The «ager multitude who, to the number of from three hundred and fifty to five hundred, had assembled to witness the exe- cution, are appalled at this delay But now Beall him- self no longer regards it ; he does not see the crowd around him once or twice he has smiled at their eager ^curiosity now he no longer sees them at all. He asks the direction of Fort Lafayette, remarks that he has many kind friends there he looks smilingly over the gibbet across the waters of the Bay to the hills of Staten Island, and the mountains of New Jersey heyond , thence to the soft, blue sky on which they are projected and finally up to the glorious god of day himself; then he exclaims — '■'■Sow leautiful the sun is! Hook upon it for the last time .'" There is heroism in his mien, romance in his attire and appearance, religion in his smile of peace ; and this exclamation is an inspiration from nature — it is poetry itself. 84 MEMOIR OF JOHN YATES BBALL. Again the march is resumed, and the victim passes mtO' the hollow-square around the scaffold. Before stepping upon it he turns with a smile to Dr. Weston, and remarks, "^s some author has said, we may he as near God on the scaffold as elsewhere /" He may be thinking of the sainted Abbott of Aquila, " who wished to be buried under a gallows, and it was done." Mounting to the platform, the prisoner takes his seat upon the chair immediately under the fatal rope. The adjutant of the post, (Lt. Keiser of the 2nd U. S. Infantry), commences to read the charges, specifications, and the orders of General Dix for his execution. Beall, little dreaming of the test to which he is to be subjected, rises respectfully when the read- ing is commenced ; but finding that, instead of the last, and. briefest order for his execution, the whole prolix, and un- military, and unsoldierly pronunciamento of General Dix is to be gone through with, — he deliberately draws up a chair with his foot, and resumes his seat. When he hears himself designated as a citizen of the — " Insurgent State of Vir- ginia " — his smile grows intensely sad and significant ; he sees now the men before him no longer as his own murderers only, but as the executioners of a sovereign State — his owa beloved Virginia, and he smiles not in derision, but in protest and remonstrance Again when they denounce his heroic attempt to rescue from a vault the souls of three thousand fellow-soldiers — " piraei/," he smiles; but when they accuse him of an attempt as a " guerrillero " to " de- stroy the lives and property of peaceable, and unoffending inhabitants of said State" (New York), he ceases to smile, and mournfully shakes his head in denial. But finally, when the adjutant reaches the concluding passages of the order, in which General Dix descants thus : " The Government of the United States, from a desire to mitigate the asperities of war, has given to the insurgents of the South the benefit of the rules which govern sovereign MEMOIR OP JOHN TATBS BBALL. 85 States in the conduct of hostilities with each other ; and any violation of those rules should, for the sake of good order here, and the cause of humanity throughout the world, be visited with the severest penalty. War, under its mildest aspects, is the heaviest calamity that can befall our race ; and he who, in a spirit of revenge, or with lawless violence, transcends the limits to which it is restricted by the common behest of all Christian communities, should receive the punish- ment which the common voice has declared to be due to the crime. The Major General commanding feels that a want of firmness and inflexibility, on his part, in executing the sen- tence of death in such a case, would be an offence against the outraged civilization and humanity of the age" — Beall laughs outright ; it is at this point that the reporters declare that the " prisoner seems to be reminded of some amusing incident in his military experience " the re- porters do not understand the joke the truth is, Beall hears this homily upon the proprieties of "War coming from a Federal Officer ! He hears it, whose home is in the Valley of the Shenandoah ! There rises up before him his own homestead its desolated fields its level forests... .... the ash-heaps which now mark the positions of its once beautiful, and cottage-like out-houses ; and the thousand other vestiges of rural beauty despoiled by the brutality of Federal soldiers, in its unrestrained career of pillage, plunder, wholesale robbery, and wanton destruction he hears the protests of his helpless mother, and her appeals for protec- tion heeded only by the God of the widow, and fatherless. . . . . . .he remembers the deep burning insults which Federal officers have heaped, in their language, upon his own sisters. He hears in the hypocritical cant of General Dix that ■officer's own self-condemnation; and knows that every breath which the commanding General draws is in default of the penalty which he himself attaches to the violation of the laws of civilized warfare He hears a sermon on the 86 MEMOIE OF JOHN YATES BBALL. " rules which govern sovereign States in the conduct of hos- tilities Tvith each other, " by the man who, through hia unlicensed, ill-disciplined, unrestrained, and unpunished soldiery, laid in ashes William and Mary College, — an institution whose associations were hallowed by the literary nurture of the fathers of the Republic, and whose venerable walls were whitened by the frosts of a century a General wha, after an arduous campaign, succeeded in cap- turing a lunatic asylum, and who is said to have tendered to its patients the oath of loyalty to the United States, and who is known to have treated its refractory and unfortunate inmates with cruelty and inhumanity a profound publicist, whose knowledge of international law, and regard for international obligations, have been illustrated by his celebrated Canadian Order, which a prompt repeal by the President alone prevented from resulting in a war with Great Britain ! No wonder that Beall laughs outright, when this- doughty warrior, whose only ambition has been to vie with the hero of Big Bethel, and Fort Fisher in the infamy of being the Del Carretto of the Revolution, — delivers a lecture to a man. upon the scaffold, on the mitigation of the asperities of war, and appeals to " the civilization, and humanity of the age " !. . . . . . Even the executioner himself grows impatient, and can not endure this ordeal : " Cut it short ! cut it short /" cries he — " the Captain wishes to he swung off quick" ! The crowd murmurs, and the reporters call his eagerness to perform his oflSce — ^^ brutality" they mistake — he means it in mercy and kindness .he is protesting against bru- tality. The reading over, Beall promptly rises, and announces his readiness : then reverently turning towards Dr. Weston, bows his head, while over him falls, from the lips of the minister, like a spotless mantle, the inspired benediction of his Church's ritual—" The grace of our Lord Jesus Christ, the love of God,, and the fellowship of the Holy Spirit, be with you and- sustain you ! " MEMOIR OF JOHN YATES BBALIi. 87 His manner has been throughout one of respectful atten- tion ; but when he mounts the scaffold, and sits down under the fatal coil, he turns his back upon the adjutant while he is reading, and faces in the opposite direction .... this atti- tude he does not change .... What does it mean ? . . . . His face is turned upon his own beloved South ! Far over waters, mountains, valleys, and intervening hills, through the deep azure sky, travel his thoughts to the land of tobacco, and cotton, — of orange and palmetto, of moss and magnolia, — of chivalrous deeds, and political ideas, which, rightly under- stood, gather in their scope the eternal years of God's own truth, and for which no man should hesitate to die ! As the martyr sets his face towards Jerusalem, or the Mussul- man toward the shrine of Mecca, so this hero, dying for the faith of his fathers, turns his face upon the South. Thus he faces when the last duty save one of the executioner is per- formed ; and while standing thus, the provost-marshal asks him whether he has anything to say. Turning upon the officer of the day, he speaks in a calm, firm voice : " I protest against the execution of this sentence. It is a murder ! I die in the service and defence of my country ! I have nothing more to say." A moment afterwards a sword-flash is seen behind him, which is the signal to the executioner, and the soul of the hero springs upward with his body. Thus died in the thirty-first year of his age, on the scaf- fold, John Yates Beall. Shameless women, who had long lost the sense of an emotion, save the curiosity which brought them to the island on this occasion, were now awed by the grandeur pf this death ..... rough " machines " (regu- lars), rebuked this title by the tribute of a silent tear ; while Federal officers, some of whom would have given a right arm to have saved tluo heroic life, were not ashamed to weep freely, tears both of pity and admiration. His body, when dead, was given to his two faithful friends 88 MEMOIR 01' JOHN TATBS BBALL. ■whose devotion had halted at no sacrifice in their efibrts to save him while living, and they laid it privately to rest in Greenwood Cemetery, near New York city. Dr. Weston read the burial service of the Episcopal Church, and poured over the dead hero the full-tide flood of inspiration which flowed from the lips of Paul as he described the victorious, stingless, and eternal triumph of those who " die in the hope of a resurrection." . . At this moment, on Fern Hill, in Greenwood, a plain marble slab is to be seen inscribed — " John Y. Beall, died February 24th, 1865 " — marking a green turf covered daily ly the hands of strangers with fresh, blooming flowers. For the cause of his death the nation which took his life, may difier with the world as to its justification ; as to its manner, they themselves have given the testimony, that it was one of the subhmest spectacles ever witnessed. As a huge telescope gathers in its lens the half of heaven, so this death brings down half of history in its grandeur ; it adds Phocion to St. Stephen, Curtius to Marshal Ney . . . in reading it, the Englishmen thinks of Andr^, the Irishman of Kobert Emmet, the Frenchman of Eustache de St. Pierre . . . . " Tell my mother," said he, a few moments before his death, " That you saw her son die without bravado, and without craven fear !" Here was confidence, for the hour of trial was not yet over ; here was modesty, for he does not disclaim fear .... Well might Dr. Vandyke exclaim that he had read of heroes, but never before had he seen one ! .... While James T. Brady declares, " I never before saw a human being whose composure in meeting his doom was equally perfect, while at the same time he displayed nothing of the bravo." His death-scene exhibits courage without bravado, tender- ness without weakness, resignation without stoicism, a protest against the murder, without resentment against the murder- ers ; >it united to ease dignity, to manliness a sense of respon- MEMOIR OP JOHN YATES BEALL. 89 sibility, composure to freedom ; it combined at once firmness, self-possession, inflexibility, patience, intellectuality, fortitude, cheerfulness. It was all that his friends could hope, or Chris- tianity demand ; all that his country could be proud of in •chivalry, or his enemies dread in the example of martyrdom. Standing on the brink of the grave, he turned a pale, pure face full and persistently upon his native land ; nature her- self, as if catching the thought, indulged its tenderness, and flattered its grandeur; for though the wind was blowing, and the cord twisting, the dying face, and the dead face, as the living had done, turned still upon the South ; the very breeze of heaven, and the gravitation of the Earth combined to immortalize the poetry, — the profound sentiment of his death. For twenty minutes Beall's lifeless body hung facing to the South ; and for twenty minutes might History point to his corpse, and say — " there hangs a man who died for Liberty ; there perished a man who espoused a great prin- ciple taught him by his fathers, and being baptized into it with the baptism of blood and fire, died for it bravely, and , without one tremor ; there has expired a soldier who bears upon his breast the rose of the legion of honour cieatrisS by a minnie ball ; who, a prisoner on the Chesapeake, was chained at Lafayette, and embraced the manacles as badges of honour ; — who ' fought with beasts ' at Harper's Ferry under Turner Ashby, and marched through the Shenandoah Valley, under Stonewall Jackson in the Immortal First Brigade there is suspended a Christian, who under a sentence of death which he believes to be unrighteous, and whose execution he believes will be murder, writes to his brother : — " ' Vengeance is mine saith the Lord — I will repay' ; therefore do not be unkind to prisoners — they are helpless" there is a patriot who died in the service and defence of his country there a philosopher who could anatomize death, and pro- nounce it a ' mere muscular effort ! ' " 90 MEMOIR OF JOHN YATES BEALL. If this man were wrong, he perished at least on the side of defence, and in obedience to the voice of his State whom his fathers had taught him it was religion to obey ; neither he nor his State asked aught but to he let alone ; and dying thus, he perished nobly and bravely. But if this man were right, and his executioners wrong Oh ! If 'he were right ! Woe, woe to his executioners ! Woe ! woe ! to those who rendered these things possible ! They are now but sowing to the wind — the whirlwind sleeps in the caves of the deep, and in the hollows of the mountains. The children of Anarchy are never let loose alone. These architects of a national Babel must soon cease to understand each other ; — these graspers after continental empire, now insolent with victory, must one day learn what History has failed to teach them, that Republics cannot afford aggression ; that no prin- ciple of cohesion but their own volition can hold together the members of a free Confederation ; and that our National Mother Rachel can not survive, while her sons are encouraged to struggle in the womb ! When these lessons have been taught, and Virginia, con- quered now in all but her soul, shall again become free, then, from his tomb in Greenwood will some freeman reverently lift the dust of John Yates Beall, and bearing it back from the banks of the Hudson to those of the Shenandoah, carry the urn to his mother, that she may write upon his tomb— " Died in the service, and defence of his country ! " Till that time let him sleep among his foes ; History will claim his memory as God has his spirit ; and devout pilgrims from every clime, kneeling at his shrine, will sing with the poet : " What is worth living for is worth dying for too, And therefore all honour, brave heart, unto you Who have fallen, that freedom, more fair by your death, A pilgrim may walk where your blood on her path, Leads her steps to your grave ! Let them babble above you ! Sleep well ! where no breath of detraction may move you. And the peace the world gives not is yours at the last." PKOCEEDINGS CASE OF JOHN Y. BEALL. Special Orders, No. 14. Headquarters Department op the East, New York City, Jan. 17th, 1865. 6. A Military Commission, to consist of the following named officers, will assemble at Fort Lafayette, N. Y. H., at 11 a.m., on Friday, January 20th, 1865, or as soon there- after as practicable, for the trial of such cases as may be brought before it, by orders from these Headquarters, to sit ■without regard to hours, and to hold its sessions in New York city, if the convenience of the service require it ; four members to constitute a quorum, for the transaction of business. Detail eor the Court. Brig. General Fitz Henry Warren, U. S. V. « W. H. Morris, U. S. V. Colonel M. S. Howe, 3d U. S. Cav. « H. Day, U. S. A. Brev. Lieut. Col. K. F. O'Bierne, 14th U. S. Infant. Major G. W. "Wallace, 6th U. S. Infantry. Major John A. Bollbs, A. D. C, is appointed Jge. Adv. By command of Major Gen. Dix. D. T. Van Buren, Assistant Adjutant GfeneraL ■92* trial of john yates bball. Fort Lafayette, New York Harbour, 11 o'clock a.m., Friday, Jan. 20tli, 1865. The Commission constituted and convened by the foregoing order, met in obedience thereto. Present, all the members, namely ; Brig. General Fitz Henry Warren, U. S. V. " W. H. Morris, U. S. V. Colonel M. S. Howe, 3d U. S. Cav. Colonel H. Day, U. S. Army. Brev. Lieut. Col. R. F. O'Bierne, 14th U. S. Infantry. Major G. W. Wallace, 6th U. S. Infantry. Present, also, the Judge Advocate, and John Y. Beall, the accused, who was brought in for trial. The foregoing order was read aloud in presence and hear- ing of the accused ; and he being asked if he objected to any member named in the detail, answered that he did not, but that he desired to protest against being tried by any Mili- tary Commission. In presence and hearing of the accused, the Commission was then duly sworn by the Judge Advocate, the Judge Advocate by the President, and James 1^. Munson as Steno- grapher and Clerk to the Commission, by the Judge Advocate. The Judge Advocate inquired of the accused if he was ready to proceed to trial, and he answered that he was not, but desired time to procure counsel and prepare for his defence. At his request the Commission granted him until 11 o'clock a.m., Wednesday, January 25th, and the trial was postponed accordingly. The' Commission then adjourned to meet to-morrow, January 21st, at the Department Headquarters, New- York City, at 12 o'clock m., for the purpose of commencing the trial of Harris Hoyt. John A. Bollbs, Maj. and A. D. C, Judge Advocate. trial of john yates bball. 9s Fort Lafayette, New York Harbour, 11 o'clock a.m., Wednesday, Jan. 25th, 1865. The Commission met pursuant to adjournment. Present, all the members. Present, also, the Judge Advocate, and the accused, John Y. Beall, who was brought in for trial. The record of the proceedings of January 20th was read by the Judge Advocate, and approved. The Judge Advocate asked the accused if he was ready to proceed to trial, to which the accused answered that he had written for counsel ; that he had handed the letter to Colonel Burke, but had received no answer. The Judge Advocate said that the letter referred to by the accused was delivered to him on the 20th of January, by Colonel Burke ; that he carried it that day to Mr. Brady's Office, it being addressed to that gentleman ; that Mr. Brady being out, he handed it to Mr. Traphagen, who said that if it was possible Mr. Brady would attend to the case ; if not, Mr. Brady or he (Mr. Traphagen) would endeavour to procure competent counsel to come down and consult with Capt. Beall ; and he then wrote a pass for Mr. Brady, or any other member of the bar, to visit the fort at any and all times, as counsel for Capt. Beall, and that he had this morning recei- ved the following note from Mr. Brady : January 23, 1865. Major John A. Bolles, My dear Sir, — I am very much obliged to you for your courtesy and consideration in regard to the case at Fort Lafayette. Unfortunately the trial I have in the Superior Court has commenced, and I must attend to it from day to day. I have sought to procure other- counsel for Mr. Beall, but cannot at present obtain any whom I can in all respects commend. I trust it may not be- inconsistent with the public interest to postpone the trial at. 94 TRIAL OF JOHN YATES BEALL. Fort Lafayette for a wfeek. I send this by my friend Wil- liam H. Ryan, Esq. Yours truly, Jambs T. Beady. Mr. Ryan being present, the Commission inquired of him if Mr. Brady would be able to be present and act as counsel for the accused, in case the trial were adjourned for one week ; and Mr. Ryan answered that he would. The Judge Advocate exhibited to the accused three letters which purported to come from him, and which were addres- sed to persons in Toronto, Canada West, and in Richmond, Va., and informed the accused that, if he would reduce to writing in the form of an affidavit a statement of the facts he expected to prove by the persons or documents named in those letters, he should probably admit that the witnesses or documents, if presented in Court, would so say, and thus save the Government the delay, and the accused the trouble and expense of getting them here. The accused stated that he wrote the letters, and that he would prepare the statement suggested, and so far as Mr. Brady was concerned, would be ready for trial on Wednes- day, February 1st. On motion of a member of the Commission, the application of the accused for delay was granted, and the trial was post- poned until Wednesday at 11 o'clock a.m., February 1st, 1865, with the understanding that at that time the trial should proceed. The Commission then adjourned until to-morrow, January 26thj at 12 o'clock m., to meet at Department Headquarters for the transaction of other business. John A. Bolles, Major and A.D.C., Judge Advocate. Fort Lafayette, New York Harbour, 11 o'clock a.m., Wednesday, Feb. 1st, 1865. The Commission met pursuant to adjournment. TRIAL OP JOHN YATES BBALL. 95 Present all the members. Present, also, the Judge Advocate, and the accused John Y. Beall, who was brought in for trial. By leave of the Commission James T. Brady, Esq., ap- peared as counsel for the accused. The Judge Advocate inquired of the accused if he was ready to plead to the charges and specifications, and the accused answered that he was. The accused was then arraigned on the following charges and specifications, which were read aloud in his presence and hearing, and to which after they were so read the accused pleaded that he was not guilty. ■CHAEGES AND SPECIFICATIONS AGAINST JOHN Y. BEALL. Charge 1st. Violation of the laws of war". Specification 1. In this that John Y. Beall, a citizen of the insurgent State of Virginia, did on or about the 19th day of September, 1864^ at or near Kelley's Island, in the State of Ohio, without lawful authority, and by force of arms, seize and capture the steamboat PMlo Parsons. Specification 2. In this that John Y. Beall, a citizen of the insurgent State of Virginia, did on or about the 19th day of September, 1864, at or near Middle Bass Island, in the State of Ohio, without lawful authority, and by force of arms, seize, capture, and sink the sbeamboat Island Queen. Specification 3. In this that John Y. Beall, a citizen of the insurgent State of Virginia, was found acting as a spy at or near Kelley's Island, in the State of Ohio, on or about the 19th day- of September, 1864. Specification 4. In this that John Y. Beall, a citizen of the insurgent State of Virginia, was found acting as a spy on or about the 19th day of September, 1864, at or near Middle Bass Island, in the State of Ohio. Specification 5. In this that John Y. Beall, a citizen of 96 TRIAL OF JOHN YATES BBALL. the insurgent State of Virginia, was found acting as a spy on or about the 16th day of December, 1864, at or near Sus- pension Bridge in the State of New York. Spedficafion 6. In this that John Y. Beall, a citizen of the insurgent State of Virginia, being without lawful autho- rity, and for unlawful purposes, in the State of New York, did in said State of New York undertake to carry on irregu- lar and unlawful warfare as a guerilla ; and in the execution of said undertaking, attempted to destroy the lives and pro- perty of the peaceable and unoffending inhabitants of said State, and of persons therein traveUmg, by throwmg a train of cars and the passengers in said cars from the railroad track, on the railroad between Dunkirk and Buffalo, by placing obstructions across said track ; all this in said State of New York, and on or about the 15th day of December, 1864, at or near Buffalo. Charge 2c?. Acting as a Spy. Specification 1. In this that John Y. Beall, a citizen of the insurgent State of Virginia, was found acting as a spy in the State of Ohio, at or near Kelley's Island, on or about the 19th day of September, 1864. Specification 2. In this that John Y. Beall, a citizen of the insurgent State of Virginia, was found acting as a spy in the State of Ohio, on or about the 19th day of September, 1864, at or near Middle Bass Island. Specification 3. In this that John Y Beall, a citizen of the insurgent State of Virginia, was found acting as a spy in the State of New York, at or near Suspension Bridge, on or about the 16th day of September, 1864. John A. Bolles, Major and A.D.C., Judge Advocate. New York, llth January, 1865. Headquarters Department of the East, New York City, January 17th, 1865. The above-named Beall will be brought for trial before the TRIAL OF JOHN YATES BBALL. 97 Military Commission of which Brig. Gen. F. H. Warren is President. John A. Dix, Major G'veral. To these charges and specifications the accused pleaded not guilty, and thereupon the Judge Advocate called Wal- ter 0. Ashley, a witness for the prosecution, who, being duly sworn, in presence of the accused, testified as follows : — Question hy Judge Advocate. State your name, place of residence, and occupation. Answer. My name is Walter 0. Ashley. I am clerk and part owner of the steamboat Philo Parsons ; residence, City of Detroit, State of Michigan. Q. Locfk at the accused ; have you ever seen him before 1 A. I have. On the 19th day of September last I saw him the first time. Q. State the circumstances under which you saw him. State the transaction which brought you first into company with the accused, beginning on the 18th of September. A. On Sunday, the 18th of September, about six o'clock in the evening, I was on board the steamboat Philo Parsons, in the cabin alone, at the boat's dock in Detroit ; she being a boat sailing from Detroit to the city of Sandusky, touching regularly at the Canadian port of Amherstburgh, and occa- sionally at Sandwich. On the evening of Sunday, Mr. Ben- nett Gr. Burley came aboard the boat, and inquired for Ashley. I told him my name was Ashley. He then said he intended to go down as a passenger, in the morning, to Sandusky ; that three friends were going with him ; and he requested that the boat would stop at Sandwich, a small town on the Canada side of the river below Detroit, and take on those three friends as passengers. I remarked that it was not customary for the boat to stop at Sandwich. He then asked it as a personal favour that the boat would stop and take on his friends. I then agreed, providing he, Burley, would take the boat himself at m TRIAL OF JOHN YATES BEALL. Detroit, and let me know for sure that his friends would.be ready to come on board at Sandwich, that the boat would call for them. He then went away. The next morning, being Monday the 19th of September, the boat left Detroit at eight o'clock in the morning, with freight and passengers. As the boat was swinging away from the dock, Burley came to me and reminded me of my promise to stop the boat at Sandwich. At the time the boat left Detroit, Capt. S. P. Atwood was in~ command of her, but he stepped off at Middle Bass Island, where he resides. I told Capt. Atwood that the boat would have to stop at Sandwich, and he stopped and took these three friends of Burley at Sandwich. Q. Who were they ? A. The accused was one, and there were two others. Q. Comnig on board, did they report their names ? A. They did not. I did not record the names ; it has been my custom sometimes to record passengers' names on long routes, but I did not on this. Q. What was the dress of the accused when he came on board, civil or military ? A. They were all dressed in citizens' clothes, the entire party ; they had no baggage ; they were very gentlemanly in their appearance ; they said they were taking a little pleasure trip — might stop perhaps at Kelly's Island ; did not know exactly where they would go ; paid their fare to San- dusky. The fare is the same to Kelly's Island as it is to Sandusky. The boat then proceeded to Maiden, Canada West, about fifteen miles further down the river ; about twenty-five men came on board there at Maiden, and they all paid their fare also ; that port is the same as Amherstburgh ; all the baggage brought on board by the party was a very old trunk tied up with cord, a rope tied around it. It was taken in at the after gangway of tSe boat by two of the roughest looking subjects in the party ; most of the party were roughly dressed in citizens' dress. TRIAL OF JOHN YATES BBALL. 99 Q. If the contents of ttat trunk became afterwards known, state what they were. i A. It afterwards became known, and it contained revolvers and hatchets. Q. Leaving Amherstburgh, where did you go ? A. The boat proceeded on its way to Sandusky. Every- thing passed off quietly during the day. It was about half- past nine in the morning when we left Amherstburgh. Everything passed off quietly until about four o'clock in the afternoon. The boat stopped at a number of islands transact- ing business and taking on passengers. At four o'clock in the afternoon she had just left Kelly's Island. She was two miles from Kelly's Island. Kelly's Island is in the State of Ohio, six miles from the American shore on Lake Erie. In sailing from Kelly's Island to Sandusky we sail nearly south ; we were about two mUes I should judge from Kelly's Island toward the American shore, and some four miles off the Ohio main shore. Q. State what then occurred. A. I was standing on the main deck of the boat ; Captain Atwood was ashore. Q. Who was in charge of the boat ? A. I was in charge of the business of the boat ; I am not a sailor ; the mate was sailing the boat ; he was sailing mas- ter in charge of the sailing of the boat, and I was in charge of the affairs of the boat. As I said before, I was standing on the main deck in front of the office and the ladies' cabin ; the passengers at this time — there were about eighty, nearly half of whom were ladies — were in the upper cabin. Three men came up to me, drew revolvers and levelled them, and said if I offered any resistance they would shoot me. Q. Who were the men ? A. They were three of the party ; the accused was not one of those three, neither was Mr. Burley at this time. Bennett Gr. Burley came from the forward part of the boat 100 TKIAL OF JOHN YATES BEALL. aft, followed by fifteen or twenty. Burley had a revolver in his hand, and levelled it at me, and said, " Get into that cabin," meaning the ladies' cabin, " or you are a dead man." The parties that followed him were not armed at this time. He commenced counting " one, two, three," at the same time. He had not counted a great many, probably, before I was inside the door ; two men were stationed outside of the door. I stayed inside of the door, and they were stationed outside the door, for the purpose of keeping me in the cabin, I suppose. One stood one side of the door, and the other the other,with revolvers in their hands ; the party gathered around this old trunk I spoke of before ; the cords were cut, the hd taken off, and they armed themselves from that with revolv- ers and hatchets ; most of them had two large revolvers, and a portion of them hatchets ; they then took forcible possession of the boat, and made prisoners of all on board. I was kept in the cabin for about one hour. I could look out through the door on the main deck and see everything that was going on. Bennett Gr. Burley had charge of this deck at the time. Burley, with an axe which he found on board, smashed the baggage room door open — T don't know for what purpose— then went forward and smashed the saloon door ; he then went with the axe, smashed the trotting sulky to pieces, which was thrown overboard ; he then, with the men under him, commenced to throw the freight overboard, consisting of household goods, tobacco and iron ; the iron was thrown overboard first. I won't say that I saw the house- hold goods thrown overboard ; the iron was thrown overboard, perhaps the household goods were not; about an hour I should judge after the capture of the boat, the accused, Capt. Beall, came to me and asked me if I was in charge of the oflSce. I told him I was. He then asked me if I was in charge of the boat's papers. I told him I was. He then said he was in charge of the party, and wanted the boat's papers, and I went into the office and gave him the papers, and he took them and carried them away. TRIAL OP JOHN YATES BEALL. 101 Q. At tie time he asked you for the papers, did he make any statement to you as to who or what he was, or what his purpose was ? A. He did not say directly. I made a request that he would not destroy the steamboat. He did not say directly whether he should destroy the boat or should not. He said something to the effect that if I was a United States soldier, or United States officer, and had seized any of their vessels, or something to that effect — I won't say the exact words — that I would probably destroy the vessel. He did not say to me that he was a Confederate States officer — some of the others did say so ; said the party were Confederate States soldiers, and that the expedition was in charge of Confederate States officers. Directly after the capture of the boat, she was headed down the lake ; not towards Sandusky ; directly off from her course for Sandusky. She ran down the lake for half an hour, I should judge, and then turned around and ran up the lake to Middle Bass Island for the purpose of wooding, and also for the purpose of putting the passengers ashore. Q. She ran to Middle Bass Island and there did wood, and there the passengers were put on shore ? A. Yes, sir. Middle Bass Island is in the State of Ohio, about ten miles from the shore. She had been lying there about fifteen minutes when the steamboat Island Queen came alongside of the boat ; she is a steamboat that runs from Sandusky to these islands with freight and passengers both, making the round trip every day. She came alongside of the Philo Farsons, and made fast alongside. The party that were then in charge of the Philo Parsens went aboard the Island Queen, seized her, made prisoners of all on board, and brought them all on board of the Philo Parsons as pri- soners ; part of them were put in the cabin of the Philo Parsons, and part of them were put into the hold. The passengers of both boats were afterwards all put ashore on 102 TRIAL OF JOHN TATES BEALL. Middle Bass Island. When the boat had been lying at this island I should judge about an hour— I was in my office ; I was allowed to go there ; there were two ladies and a gentle- man in the office — Captain Beall came to the door, and said : " Ladies, you will have to go ashore now, as we are agoing to use this boat." He gave the young man permission to go also. They started out and I followed them ; I went back for the purpose of picking up my books and papers ; Capt. Beall came back and Burley with him ; I stood at my desk with Capt. Beall at one side, and Mr. Burley on the other ; I asked if they were going to put me ashore ; they said they were going to allow me to go ashore ; I asked permission to take the boat's books ; Capt. Beall said I should not take them, that I should not take any thing belonging to the boat ; I then said I had some private promissory notes in an envelope and requested leave to take them ; Burley said : " Let me see them." I produced them ; he looked at them, said he " could not collect them," and gave them to me. Capt. Beall then said : " We want your money." I opened the money drawer, in which there ' was very little money : perhaps eight or ten dollars ; they took that out. Burley then said ; " You have more money ; let us have it." I put my hand into my vest pocket and took out a roll of bills of about $100, and laid it on the desk ; I then requested again that I might be allowed to take the books, but they refused to let me take them : I was then put ashore. Q. If you saw what became of that roll of bills, state what was done with it. A. The roll of bills was taken between them ; Capt. Beall and Burley took the roll of bills, and also took the money out of the drawer ; they took it between them ; they both made a demand for the money ; Capt. Beall made the demand first, and Mr. Burley afterwards made the demand. Q. Which of the two took tfie roll of bills after yo^ laid it on the desk ? TRIAL OF JOHN YATES BBALL. 103 A. They took it between them; I will not swear w 'ch one positively ; they took it between them ; they both made the demand ; they said, " Give us the money." I then went on shore. Q. After you went on shore state what you observed was done with either or both of the boats — the boats, I understand, both remained in the possession of the seizing p^rty ? A. Yes, sir. After I went on shore and had been on shore about half an hour, the boats were started in the direction of Sandusky ; they were alongside lashed together. It was a moonlight night, and when about two or three miles out I noticed the Island Queen drifting from the Philo Parsons ; it afterwards proved that she was scuttled ; she drifted about four miles, and drifted on to a reef, and was afterwards raised ; she was nearly full of water when she was raised. Q. Are you able from your own inspection to state that she was, and how she was scuttled ? A. Not from my own observation. Q. You state from your own observation that you saw her drifting ? A. Yes, sir. Q. How much else can you state from your own observation as to what became of her ? A. I can state that I saw her the next morning on my way to Sandusky ; on what is called Chickenolee Reef ; there was nine feet of water on the reef ; she drew about four feet of water, and she was sunk on the reef where the water was about nine feet deep. Q. How far was that from the point where you saw her drifting the evening before ? A. About five miles. Q. When and where did you next see the accused ? A. I next saw the accused in the city of New- York after his arrest. 104 TRIAL OF JOHN TATBS BBALL. Q. Have you stated all that passed between you and him on board the Philo Parsons on the 19th of September ? A. I think I have stated everything that would be of any account : I saw him considerably. The Judge Advocate said he had no further questions to ask the witness. Cross-examination by Accused. Q. How long were you clerk of the Fhilo Parsons f A. Two seasons ; it was my second season. Q. What was your occupation before that ? A. I have been clerk on steamboats about nine years : clerk and part owner. Q. In what other boats ? A. The steamboat Dot, a steamboat that ran from Detroit to Port Huron, as a freight and passenger boat. Q. Have you had any other occupation at any other time previous to that ? A. Previous to that I was clerk in stores from the time I was 13 or 14 until about the time I was 20. Q. Have you now stated all the occupations you have had at any time in your life ? A. Previous to my going into a store which I think was when I was aboat 14 — I might have been 15, 1 cannot tell exactly now — I was attending school ; I was also with my uncle assisting him as clerk in a Post-Office ; that is all, I think. Q. Had you ever seen Burley or Beall before they came on board the Philo Parsons as you have stated ? A. I have no recollection of ever, seeing them before, either of them ; I saw Burley the 18th of September and Beall the 19th ; I have no recollection of seeing either of them previous to that to know them. Q. When the twenty-five persons came on board at Sand- wich, which of them was it that made the remark about the pleasure-trip ? TRIAL OF JOHN YATES BEALL. 105 A. The twenty-five did not come on board at Sandwich, and the remark was made about the pleasure-trip when the three came on at Sandwich ; Burley was the man who had something to say about that ; I had more acquaintance with Burley than any of the rest of them ; he was spokesman for the whole party ; the other three I don't remember ; Burley had something to say about the pleasure-trip the night be- fore, on Sunday. Q. Was Beall present at the time when Burley made the observation ? A. I cannot say whether he was or not ; I did not pay any particular attention to Beall until after the capture of the boat ; I don't remember that he was present. Q. Did Burley in any of these conversations with you state that he was a Confederate States officer, what his rank was ? A. No, sir ; he said nothing on that subject at any time to me. Q. You said that some of them did say that they were in the Confederate States service ? A. Yes, sir. The two men that were guarding me direct- ly after the capture of the boat that stood outside of the door. I asked them what they intended to do. They said that they were Confederate States officers and soldiers, and that they intended to capture the United States steamer Michigan, and release their friends on Johnson's Island ; and others said the same thing. Q. You say that Burley was the spokesman of the party. Did he give all the orders that were executed in regard to the boat by the persons with him ? A. I saw more of Burley for the first two hours after the capture of the boat than of the accused ; I did not see the accused for an hour or an hour and a half ; I had supposed that Burley was in charge of the whole party, and in fact I supposed he was until Captain Beall came to me and request- ed me to give him the papers ; he then said he was in charge 106 TRIAL OP JOHN TATBS BEALL. of them ; I supposed that Burley was in charge of the party up to that time. Q. Give as nearly as you can what was the language of Beall when he made the announcement to you that he was in charge of the party. A. He asked me if I was in charge of the office; I told him I was ; he then asked if I was in charge of the boat's papers and I told him I was; he said, " I am in charge of this party, and I want the boat's papers." I went into the office and gave them to him ; I then said to him that I was part owner of the boat, and I hoped he would not destroy the boat. He said something to the effect that if I was a United States officer — I will give you the words as nearly as I can — that if I was a United States officer and had seized one of their vessels, that I would probably destroy it. He did not say that he should destroy the boat. Q. Was the language he used this : If you were a United States officer and had seized one of our boats, you would pro- bably destroy it ?" A. Yes, sir. " Our boats," that is the language. Q. Did he use any language to indicate what he meant by " our"? A. No, sir, nothing but that. Q. Up to this time had any one stated in BeaU's presence that this was a party of Confederates ? A. Not in my hearing ; as I said before I saw but very little of Captain BeaU for an hour and a half or two hours after the capture of the boat. Q. You have stated that revolvers were presented at you. Did any person actually make an attempt upon your life ? A. There were no shots fired; they were presented at me, and they said if T offered any resistance they would shoot me. Q. Did Beall at any time or in any way interfere with you personally, either to threaten your life or to save it ? A. At the time the money was taken from me they had TRIAL OF JOHN YATES BBALL. 107 revolvers with them. I won't say that the revolvers were pointed at me. Q. Are you sure that you saw Beall have a revolver at the time he was in the office when the money was dehvered ? A. I am, sir. Q. Have you a sufficient recollection of the weapon to de- scribe it ? A. I have not, any further than that it was a revolver ; it had the appearance of being a revolver. Q. Are you acquainted with the different kinds of revol- vers, so as to identify it in any way ? A. No, sir, I could not identify that revolver, Q. Did Burley threaten to shoot you ? A. He did, sir. Q. For what? A. At the time of the capture of the boat, before they had made the general seizure of the boat, and made prisoners of all on board, he drew his revolver and told me to get into that cabin — meaning the ladies' cabin — or he would shoot me. Q. At no other time ? A. No, sir, I think not. Q. Did not Burley ask you for the key of the room where the baggage was kept, previous to smashing the door in ; and did you not refuse, and say you had not the key ? A. I have not thought anything in regard to that ; just after I had stepped inside the door I heard some one, whe- ther it was Burley or not I cannot say, call for the key. Burley said, " I will make a key." He found an axe on board and smashed the door open ; some one called for the key ; I was not asked for the key ; I do remember now, I heard some one call for the key to the baggage-room, and I remember Burley takmg an axe and smashing the door in. Q. Did Burley at any time threaten to shoot you because you did not deliver the key to him, or did not obey his order, or comply with some request that he made ? 108 TRIAL OF JOHN YATES BEALL. A. The only time he threatened to shoot me was before the general seizure of the boat, as I stated ; I think that was the only time. Q. Did any person make such a threat to. you other than Burley ? A. Three others that I spoke of in the first place, justprcr vious to Burley making the threat. Q. Was Beall present on either of those occasions ? A. No, sir ; I did not see Beall for an hour or an hour and a half after the capture of the boat. Q. Did you see him before the trunk was opened ? A. Not that I know of; as I said before, I have no re- collection of seeing him until the time he had made the demand for the boat's papers. Q. Was there any occasion while Beall was in your presence that any person either threatened or made a movement as if to shoot you, Beall interfering and prevent- ing it ? A. I don't recollect of anything of the kind. Q. Did any such circumstance as this happen, that you being asked for the key, and either refusing or hesitating, to give it up, a pistol was presented at you, and the threat made to shoot, and Beall remarked, " Don't kill him, I will make a key myself," or anything of that character. A. I don't recollect of anything of that kind. It is pos- sible that I might have seen Captain Beall, the accused, be- fore the time that I allude to that he took the boat's papers, but I have no recollection of seeing him after the seizure of the boat, until that time. Q. You say he was in citizen's dress like the other two persons who came on board ? A. Yes, sir. Q. Had he a hat or cap on ? A. I won't swear positively. I don't pay very close attention to people's clothing. TRIAL OF JOHN YATES BEALL. 109 Q. Was there anything peculiar about any part of .his dress that you observed ? A. No, sir, nothing peculiar. Q. Did you hear any conversation between Bealland Bur- ley, or Beall and any other person, in which they spoke of their design except what you have already stated to the Court? A. No, sir. Q. Had the small sum of money which was in the drawer been collected from the passengers ? A. The whole of it had been collected from passengers, or in payment of freight. Q. Was there any money collected from any person, as if they were passengers, after the party took possession of the boat ? A. No, sir, not to my knowledge ; I collected none. Q. Can you now state what you have not answered speci- fically to the question put by the prosecution, which of these two persons it was that actually took into his hand the money that you produced ? A. I can swear that Captain Beall took some of it. Q. As to the hundred dollars in the roll, I mean ? A. They both of them made the demand, and I laid the money on the desk. Q. Who took it up? A. The money was taken between them ; I am not going to swear positively ; I took the money out of the drawer ; they both made the demand for the money. Q. When Captain Beall asked you for the papers, as you say, did he say anything about wanting such papers as showed the nationality of the steamboat ? A. I think he did ; he asked for the boat's papers ; I asked him if he wished the enrolment and license. He said he did ; something to show what kind of boat she was, or something to that effect ; that she was a United States ves- •110 TRIAL OP JOHN YATES BBALL. sel ; and I produced the enrolment and license, and I stood by in the oflSce when he read them ; he read them in my presence, or a portion of them. Q. Did he state any reason why he wanted the papers ? A. No further than he said he was in charge of the party, and wished the papers. ■Q. When he asked you for the money, or when the money was demanded, were you asked if you had any public money in your possession, or money that belonged to the United States ? A. I don't recollect that those words were used at all. Q. Did any one of them designate the money asked for as money belonging to the boat ? A. Capt. Beall said in the first place : " We want your money ;" and Burley said : " You have more money, and let us have it." Q. Did either of them in any way designate or specify what money they were asking for, whether it was the money belonging to the boat, or all the money in your possession ? A. I think they did not designate. All the money I had, however, was the property of the boat, of myself and others interested in the boat. Q. Did either of them say anything to the effect that they did not want any private money that belonged to you person- ally ? A. No, sir, they did not, not to my knowledge ; the word private or personal I don't think was used ; they gave me my personal papers — some personal notes ; I did not claim any of the money as personal ; I claimed the notes as per- sonal, that was all I claimed as personal. Q. Did they take any papers except such as belonged to the boat ? A. No, sir. I made a demand for these notes as my per- sonal papers, and they gave them up. Q. When the Island Queen attached herself to the Philo Parsons, were there any soldiers on the Island Queen f TRIAL OF JOHN YATES BEALL. Ill A. There were about twenty or twenty-five unarmed United States soldiers going to Toledo to be mustered out of tbe service ; they were in uniform. Q. What became of them ? A. They were taken as prisoners with the rest of the passengers, and were put into the hold with the rest of the passengers. Q. What was the last you saw of them ? A. I was in the office ; they were put ashore before I was ; they were put ashore at Middle Bass Island, the place where P was put ashore. Q. Where did you see Mr. Beall when you saw him in New York as you state ? A. I saw him at the PoUce Station in the City of New York. Q. Who took you to see him ? A. I was taken by Colonel Ludlow. Q. Was he alone when you saw him ? A. No, sir ; there were about twenty-five or thirty in the room with him. Q. Had he a hat or cap on then ? A. I don't think he had anything on at that time ; I think not. Q. Were you asked to point him out ? A. No, sir. 1 Q. Did you speak to him ? A. I did not at that time. Q. Did he wear his hair and beard as he does now, when you saw him in New York ? A. The same as it is now ? yes, sir. Q. How was it when you first saw him ? A. He had a moustache without whiskers. The accused said he had no further questions to ask the witness. 112 TRIAL OF JOHN TATBS BBALL. Examination by the Commission. Q. State whether there was any mihtary or naval mark 6t badge on the accused while he was on board the Philo Par- sons. A. There was not ; they were dressed as citizens, in citizens' dress, and paid their fare as passengers, and were treated as passengers. Q. Did Burley and Beall divide the money in any way, which you took and laid in a roll of bills on the desk ? A. They were taking the money when I left ; I laid it on the desk, and they were taking the money ; they both made the demand, and were both taking the money between them. I saw them taking the money between them and dividing it. I don't know anything about how much either one of them took ; there was an actual division of the money, and I saw it. Re-examination by Judge Advocate. Q. At the time the boat was captured, how far was she from Johnson's Island ? A. Johnson's Island is in Sandusky Bay, inside of the main shore. I should judge the boat was captured about six miles from Johnson's Island. Q. How far is Kelly's Island from Johnson's Island ? A. About eight miles. Q. How far is it from Middle Bass Island to Johnson's Island ? A. I should say thirteen or fourteen miles. Q. Have you ever seen the United States war steamer Michigan 1 A. I have seen her, but I never have been on board of her. Q. Do you know where she was at the time of this affair ? A. She was lying off Johnson's Island, I should say about a mile. I stated that I had never been on board the TRIAL OF JOHN YATES BBALL. iii5 steamer Michigan. I was on board her six or seven years ago. I have not been since the war. Re-cross-examination hy Accused. Q. You said the soldiers on board the Island Queen were unarmed ? A. Yes, sir. Q. Do you know whether there were any arms oii board of this vessel ? A. There were not ; not to my knowledge. Q. Did you examine to see whether there were or not ? A. I did not examine. Q. During any part of the time you were on board after the capture of the Philo Parsons, was any flag displayed by this party ? A. Not while I was on board. Q. Did not they display a flag afterwards to your know- ledge ? A. Not to my recollection. No fiirther questions were asked ; his testimony being read to the witness, he affirmed the same. The Judge Advocate then called William Weston, a witness for the prosecution, who being duly sworn, in pres- ence of the accused, testified as follows : Examined hy Judge Advocate. Q. State your name, place of residence, and occupation. A. William Weston, Sandusky City, Ohio. I have been fireman for the last five years. Q. Have you ever seen the accused, Capt. Beall, before ? A. Yes, sir. Q; When for the first time, and where ? A. The first time I saw him was on board the Phih Par- sons, on the 19th of last September. <'114 TIUAL OF JOHN YATES BEALL. Q. State what you saw him do, and what you heard him say. A. After the capture of the boat, and we got a little excit- ed, he came forward and told us what they were going to do with us, and the boat ; I was a passenger on board ; he said they were not going to hurt or harm any of us, and that they would land us as feoon as they thought fit ; he also stated that he was an escaped rebel prisoner from Johnson's Island, and that they had taken the boat for the purpose of capturing the United States vessel Michigan ; he said they -were going to liberate the prisoners on Johnson's Island, and were going to destroy the commerce on the lakes ; that is all I recollect he said. Q. Did you see what was done with any of the freight on board the Philo Parsons after the boat was seized ? A. I did not see them do anything with the freight, only they threw out one of my boxes, that I got afterwards on the beach, that was pitched out ; that was after they landed us on the Island ; they pitched one of my boxes into the water. Q. Will you state whether Beall, the accused, had any arms about him or not, while on board the Philo Parsons f A. I could not state ; I did not see. Q. How was he dressed ? A. He was dressed in citizens' clothes. Q. Do you remember whether he 57ore a cap or a hat ? A. He wore a kind of a low-sized hat ; a low-crowned hat. Q. Where did you next see him after you were landed ? A. I did not see him after I was landed on the Island until I saw him here, at Fort Lafayette, when I was brought down to the fort to indentify him. Q. Did you hear on board the Philo Parsons, from himself or others, what was the name of the accused ; what they dialled him ? A. Captain Beall. Q. You heard him called Captain Beall ? TRIAL OF JOHN YATES BEALL. 115 A. I could not say whether he was the person or not ; I teard somebody called Captain Beall. Q. Can you state who appeared to be in command, or charge of the party who seized the Philo Parsons f A. I could not state w The Judge Advocate said he had no further questions to -ask the witness. Cross-examined hy the Accused. Q. When you were brought down to Fort Lafayette to point out Captain Beall, did you point out this man ? A. Yes, sir, when I saw him. Q. Who was with him ? A. I could not state who was with him ; I am a stranger ; I don't know any of the men around. Q. Didn't you point out another and a different man, who proved to be a man named Smedley ? A. No, sir. Q. What was the first you saw of this person ; who told you he was a rebel prisoner ; where was he ? A- He came forward stating what they were going to do with us ; that was the first time I saw him. Q. Did you know then that the boat had been captured ? A. Not until he spoke. Q. Who was he speaking to ? A-. He was speaking to the passengers. Q. Were you a passenger on board ? A. Yes, sir. Q. Did you notice what kind of a cord or string he had round his hat ? A. I could not state. Q. Was there any tassel on it ? A. I could not say. Q. Was there any gold in it ? A. I don't know. 116 TRIAL OP JOHN YATES BEALL. Q. Did you notice what kind of buttons he had on Im coat or vest ? A. No, sir, I don't recollect. Q. Did the man who said he was a rebel prisoner, say that he was an oflScer in the Confederate army ? A. I don't recollect. Q. Where were you put ashore. ? A. On Middle Bass Island. Q. Did these persons in possession show aiiy flag at any^ time while they were aboard ? A. I did not see any. Q. Have you ever seen a secession flag ? A. No, sir. Q. What kind of a box was this of yours that they threw overboard ? A. A large box containing bedding. Q. Who threw it overboard ? A I could not state who threw it overboard, but I saw the^ man pitch it out. Q. Did either of them say any thing at the time as to why they threw it out ? A. No sir, they were out six or seven rods from the shore. The accused said he had no further questions to ask the witness. No questions were asked by the Commission . The testimony being read to him, he aflBrmed the same. The Judge Advocate then called David H. Thomas, a witness for the prosecution, who, being duly sworn, testifies as follows : Q. State your name, residence, and occupation. A. My name is David H. Thomas ; I reside at Niagara city, Niagara County, New York ; occupation, a police ofiS- cer, by authority of said village. TKIAt, OP JOHN YATES BBALL. 117 Q. You arrested the accused ? A. I did, sir. Q. When and where ? A. In the depot of the New York Central Railroad Com- pany at Niagara City, on the 16th day of December last, at about 9 or 10 o'clock at night. Q. Did you arrest any other person at the same time ? A. I did, sir, a young man calling himself Anderson. Q. Were the two in company ? A. They were. There was another police officer with me at the time of the arrest, Mr. Saule. Q. What baggage if any, had these men ? A. They had a small carpet bag — contents, a dirty shirt, a shirt that had been worn, a pair of socks, some five or six tallow-candles that had not been burned, some matches done up in a paper, and a box partly fuU of paper collars. The accused had a bottle of laudanum in one of his pockets. Q. What was the dress of the accused ? A. I should judge the same clothes that he has on now, with the addition of an overcoat and cap. Q. He had on citizen's dress ? A, Yes, sir, all citizen's dress, with an overcoat and cap. Q. Had he any arms about him ? A. He had one of Colt's navy revolvers in a sheath at- tached to his body by a belt under both his coats, outside of his pants on his hips. Q. Was the revolver loaded ? A. Yes, sir, it was fully loaded — it was a six-shooter. Q. Did you inquire his name. A. I did, sir — while searching him I asked him his name, and he said Beall. A few minutes afterwards I asked him again, with a view of learning his initials ; he then said his name was W. W. Baker. I attempted to correct him by stating that he formerly told me his name was Beall, and he denied it. I insisted upon it that he did say Beall, and I told him I should 118 TRIAL OF JOHN YATES BBALL. make the record Beall or Baker— I should put his name- down Beall or Baker. Q. If he had any money, state what it was. A. He had two ten-dollar American gold pieces, two four- dollar Canada notes, one two-dollar Canada note, and he had some five or six dollars in American money or scrip, the exact amount I disremember. By scrip i mean fractional currency. I think he had some little silver with him. I did not get the correct amount of the money. Q. Did he give you any account of himself at any time ? and if so, what did he say ? A. When I arrested him he asked me what I arrested him for ? My reply to him was, that he knew probably as well as I did what I arrested him for. He said he did not. I final- ly told him I arrested him as an escaped rebel prisoner. He asked me from where. I told him that mattered not, as long as he was an escaped rebel prisoner. Finally he wanted to know from where. He asked if it was from Point Lookout. I told him it was ; that he was an escaped prisoner from Point Lookout. Said he, " That I will acknowledge. I am an escaped prisoner from Point Lookout." Q. Did you make any inquiry of him how he got that Canada money ? A. I did, sir. His answer was, that after he escaped from Point Lookout he made his way to Baltimore, and he had friends in Baltimore who had furnished him with this money to go to Canada. Q. In regard to the carpet-bag of w^hich you have spoken,, and the contents, what are the facts within your knowledge as- stated by the two parties you arrested, that will enable the Court to judge to whom it belonged ? A. When we arrested the two men, his bag was between them on the seat, and carried, I think, by the prisoner Ander- son into the room where we took them to search them. It •was into the adjoining room, the telegraph ofifice, that we took. TEIAL OF JOHN YATES BEALL. 119 them to search them. We asked which of them owned that hag, and the young man said that the accused owned the hag. Q. The accused being present and hearing the remark ? A. Yes, sir ; I asked him if the bag was his, and he said it was not. The accused said it was not ; but the other man said it was. Q. Did you make any inquiry as to the purpose of the candles or matches ? A. I asked them what they were doing with those candles. They said they were sometimes a necessary article to use when they could not get other hghts. This young man, Anderson, I think, answered in that way. I would not want to say which of them ; it was between them. They were both present. In regard to the laudanum, I asked the accused what he was doing with that ; and his answer was that he was subject to the toothache. Q. If the accused said anything to you in regard to the mode of his arrest in connection with the fact of his being armed, state what he said. A. Yes, sir. During the evening or night, when we were conversing over the subject, he said it was fortunate that I ar- rested him suddenly as I did ; that he had been in prison so much that he had made up his mind, whenever he was at- tempted to be arrested again, and on this particular occasion, had I not taken him as quick as I did, that one or the other of us would have been a dead man — that he had fully resolv- ed never to be taken alive. Cross-examined by the Accused. Q. Was Beall alone when you arrested him ? A. No, sir ; they were together sitting on a settee, he and Anderson, in the depot of the Central Railroad at that place. Q. Was it day or night ? A. Night, somewhere between 9 and 10 o'clock — about 10 o'clock. 120 TEIAL OF JOHN YATES BBALL. Q. Was any person with you ? A. Mr. Saule, another policeman. Q. Did he take any part in making the arrest? A. He put his hand on Anderson and I mine on Beall. Q. How large was this vial of laudanum that he had ? A.- I believe what they call a two-ounce vial. Q. Was it full ? A. There was a very little out of it. Q. In this conversation that he had with you, did he tell you any thing about his being a Confederate officer ? A. He said that he belonged to the Second Virginia In- fantry, was a sergeant in the ranks. I asked him if he held any other position, and he said. No. Q. Did he tell you when he escaped from Point Lookout ? A. He did not give me the dates, but it was several days previous to his arrival at Buffalo. Q. What kind of a cap was he in ? A. It was a cloth cap — a citizen's cap. The accused said he had no further questions to ask the witness. No questions by the Commission. His testimony being read to the witness, he affirmed the same. The Commission then adjourned until to-morrow at ' 11 ^ o'clock, a.m. John A. Bolles, Major and A.D.C., Judge Advocate. FoKT Lafayette, New York Harbour, Thursday, February 2nd, 1865. The Commission met pursuant to adjournment. Present all the members. Present, also, the Judge Advocate, and the accused, John Y. Beall, who .was brought in for trial ; and James T. Brady, Esq., his counsel. TRIAL OF JOHN YATES BBALL. 121 Yesterday's proceedings were read and approved. The Judge Advocate then called Edward Hats, a witness for the prosecution, who being duly sworn, in presence of the accused, testified as follows : Q. State your name and occupation ? A. Edward Hays, doorman at the Police Headquarters, Mulberry street. Q. You see the accused sitting here ; have you ever seen him before ? and if so, where ? A. Yes, sir ; at the Police Headquarters in Mulberry street. Q. State whether he ever said anything to you, and if so, what, in regard to his escape from Mulberry street ? A. He asked me to carry a letter out for him and have it mailed ; I asked him where he wanted to send the letter to ; he said he wanted it to go to Canada ; I asked him if he could get it through easily there ; he said he did not think he could very easily, as the Government were opening all letters which were going there now ; he said he . thought if he could get a letter to Canada, and word could be sent to his Government that he was in prison, they might do some good for him to get him out. I then wept to get him the paper io write the letter ; at the same time I reported to Mr. Kelso, who was then in charge of the Detective Office, what he had told me, and I went back to the prisoner and told him that there svere several detectives in the office at the time, that I could not very easily get the paper ; that I would wait for a start to get the office cleared of those detectives, and then I Tvould have a better opportunity of getting it in without being seen. He then said to me : " Hays, I tell you what you can do forme;" I said, " What ?" he said, " You can let me go ;" I said I could not ; he said, " If you do I will give you f 1,000 in gold." I asked him if he had that amount of money with him ; he said no, but if I would take his word, iis word was good for the money when he would get to 122 TRIAL OF JOHN YATES BEALL. Canada ; that a man there had that amount of money and more belonging to him ; that it would surely be given as soon as he would get there. I asked him if he had any hand in the fires here in New York ; he said no, but that he knew the parties, and that they were then in Canada. I told him I did not think I could let him. go for the money, as it would place me in a bad position ; that I did not like to do it ; that it would be too much risk for me to run. He said that I knew his position ; how he was placed ; that he thought he would be- found guilty, and that I should run a little risk to save him. He seid he was arrested before, some time ago, and that he got a letter through by some of his friends, and the Confede- rate Government, hearing of his imprisonment here, put in prison a son of one of General Meade's head officers, together with eleven more officers, and kept them there until he was released. I then said to him, " I suppose if your Govern- ment found out that you were in prison here now that they would try to get you out in some way." He said he did not think they would, because he was arrested under a different charge now from what he was then, and that he did not think his Government was as strong now as it was then, I then told him I would see if I could let him go ; that I could not say whether I could or not ; I asked him if he did not want to write a letter out, and he said no, that it would take too long before the letter could do any good, but that I could release him without getting myself into any trouble ; and said he, " You know you can." I then left him and came into the office ; I told him that I would see what I could do, and I reported to Mr. Kelso and Inspector Carpenter what he had told me. I again went back to him and told him that I thought it was pretty hard for me to do it, but if I did it, what time in the night would he like to get away. He said he would like to get away in the fore part of the night; that he had two friends hving up, he thought, in Thirtieth street ; that if he could get to their house, he wanted to get out in time so he TRIAL OF JOHN YATES BBALL. 123 could get there, so nobody would hear him make a noise around the place ; he thought he could get arms there, and then it would take somebody to arrest him if he could get arms after he got out ; for, said he, " I know well what would happen to me if I was to be caught and brought back again." I then asked him if those friends of his could not furnish him the money before he would leave New York ? He said that very probably they could furnish a part of it, probably half of it in greenbacks, if not in gold, before he would leave New York ; if not, that he would leave me an order that would positively get it in Canada. I asked him how did he think he could get clear from New York, and if he had any friends that he thought would get him clear on the way going. He said first he would go to this man's house in Thirtieth street, and then he would start for a friend of his in Jersey, about five miles from Jersey City, who did business in New York, who came every morning and went back at night, and by getting there he knew he would be safe. I then asked him if he would not tell me the number of the house where those men lived in Thirtieth street, or what were their names, who were willing to assist him. He would not tell me their names ; said he did not know exactly the street they lived in, or the number of the house. I asked him what his own name was, or if he gave the right name in the detective's office when they brought him in. He said he did not ; that they did not know his name, and could not find it out. I then said to him : " I think you are a very smart man, and you must have done a good deal of harm to our Government since this war commenced ;" and he said : " Yes, I have taken hundreds and hundreds of ^prisoners ; I have- done Lincoln's Government a good deal of harm, and they know it." I asked him if it was on land or sea that he took those prisoners, and he said it was his secret. I asked him to tell me his right name, and he said he would not. He said he knew something that would be worth $30,000 to any 124 TRIAL OF JOHN TATES BEALL. one in the detective's office, if he would tell, and things that would be worth millions of dollars to the Government if he -would only come out and discover ; but he said he would die first ; he said he knew he could not live long, as he had got a ball through his side, and he knew that would come against him and cause death anyhow. I told him, " I am very glad you are not very fond of telling or discovering, for you would have to keep a good record if I let you go. He said he knew many things that he would not tell ; he said, ^' You can rest assured that you can get the f 1,000, and get it in gold, as I own more than that myself." I then told him I would see what I could do, and if I could let him out that night I would, if possible, but I could not exactly say ; and that, if not, I would come back and see him the following evening ; and I then left him, and when I came back he was gone, and I have not seen him since ; he was taken to Fort Lafayette the next day. No further questions by Judge Advocate. The accused objected to the testimony of the witness in which he narrated the statement of the accused, as irrelevant, not relating to any charge or specification, but did not wish any ruling on the point. Cross-examined ly Accused. Q. How long have you been doorkeeper at the Police Headquarters ? A. Since the 11th of April last. Q. What was your business before that ? A. I worked in the Navy Yard at labouring work. Q. Where did you reside when you were appointed door- keeper ? A. At 17 Lewis street, New York. Q. What was your business, if any, before you worked in the Navy Yard ? A. Liquor business, at 157 Madison street. TRIAL OF JOHN YATES BEALL. 125 Q. About -what was the date at -which you first saw Beall, the accused ? A. It must have been a week before New Year's, I think. I think it was New Year's Day that I was to come here and see him. It was the night before New Year's that this con- versation occurred. I am not positive, but I think so. Q. Did all the conversation you have stated occur on the night before New Year's ? A. It all passed in one night. Q. In what part of the headquarters was Beall confined at that time ? A. Down stairs in the cell. Q. Who had charge of the cell ? A. Mr. Kelso was then in charge of the office, in the absence of Mr. Young. Q. Who had the key of the cell ? ' A. The keys are generally left in the office. When I woul-1 be on duty as doorman, I would take the keys when I wanted to go into the cell for anything, to iced them, etc. I am doorkeeper one day, and another man the next day. Q. How did you happen to begin this conversation with Beall ? A. Mr. Kelso asked me if I could not find out what Beall's name was ; and if I could get him to tell his name, to try and find out what charges he was arrested on, and what was against him. Q. Where were the Police Commissioners at that time ? A. I don't know, sir, if they were not gone home from Headquarters. I don't know if they were up-stairs or not. Q. At what hour of the night was it that Kelso asked you to find out Beall's name ? A. I think it must have been about 7 o'clock. Q. Did Kelso say that he did not know what Beall was charged with ? A. No, sir, he did not say any such thing. 126 TRIAL OP JOHN TATES UEALL. Q. Did he say that he did not know what his name was ? A. He did not say so. Q. Did he speak of him as a person named Beall ? A. No, sir, not at that time. Q. I want you to repeat what Kelso said to you, when he expressed a wish that you should see this man and ascertain his name. A. Mr. Kelso said to me when I would get time to go into the cell to him, to see if I could not draw on with him to get him to tell me what his name was ; and if so, to see if I could not get from him to tell me what charges he was arrested on. That was all Mr. Kelso said to me. Q. How did Kelso describe or make you understand what person you were to ask this question of? A. Baker ; he told me to go in and see Baker — which name he then went under ; I called him Baker always when he was there ; he went by the name of Baker ; he told me to go in and see Baker, and see what I could learn from him. Q. Before Kelso spoke to you, did you know that there was any such person as Baker confined in any cell there ? A. I knew that he was there, and that he went by the name of Baker-^ — that he was called Baker. Q. Who told you that he was called Baker ? A. I heard it from the detectives first when they first brought him in there. Q. Had you seen him before the time when Kelso asked you to go and inquire about his name ? A. Yes, sir ; several times. Q. Did Kelso tell you what object he had in finding out this man's name ? A. No, sir. Q. What was Kelso's position there at that time ? A. He was then acting as sergeant. Q. Did you say to him that if he wanted to know what TRIAL OF JOHN TATES BEALL. 127 ihis man's name was, or -what he was charged with, he could ask the Commissioners ? A. No, sir. Q. Did you know who brought Baker in ? A. Not at that time. Q. Did Kelso state that he had asked the Commissioners "what Baker was charged with, and that they would not tell him ? A. No, sir. Q. Then he gave no reason whatever for wishing to obtain this information ? A. No, sir ; not that I know of. Q. Did you, at Mr. Kelso's request, go immediately to the cell where the accused was ? A. Not immediately — I waited some time until I had leisure ; I had a good deal of work to do. Q. Was it a part of your general instructions that you should or should not converse with prisoners there ? A. I never got any instructions to that effect as to whether to converse with them or not. Q. What time of night was it that you went to the accused and began this conversation with him ? A. I should think it must be about eight o'clock — I think so, I'm not sure — between seven and nine. Q. Was that the first time you had ever spoken a word with him ? A. I had spoken to him previously to that while feeding him, and everything of that kind. Q. Had you done any thing before that to get his con- fidence, or had he done any thing to get yours ? A. No, sir ; not that I know of. Q. Had you in any way before that night said or intimated to him that you were willing to help him to escape ? A. No, sir. Q. Can you state any reason growing out of what had ^128 TRIAL OF JOHN YATES BBALL. passed between you and the accused why he should place any confidence in you particularly ? A. I did not know of any reason why he should have done it. Q. When you went at 8 o'clock to his cell to obtain for Mr. Kelso the information Kelso said he wanted, what was the first remark that you made to the accused that you now remember ? A. There was a man in the cell that day, an old man, who wanted me to take a letter for him, and I would not take it ; he said he would pay for taking it ; I asked how much he would pay, and he said " so much" — I forget how much he did say ; I said I could not send it for that ; that evening when I went in at 8 o'clock in the cell, there was no one there at that time but the accused ; I said to this man, the_ accused : " It is pretty cold in here this evening ;" he said " Yes, it was pretty cold ;" I said, " The old man had good luck to get out of there before night, as it was so cold ; " he said " Yes ;" I said he wanted me to send a letter for him, and I could not do it; he would not give enough to have it sent, and • I could not get anybody to take it for that amount; the accused said, " I wish you would take a letter for me and I will pay well for taking it ;" I told him, " There is a good deal done for money — money does a good deal ;" I then asked him where he 'wanted to have the letter sent ; that was how-it commenced. Q. Had you any instructions whether to permit any letter to be sent by a prisoner without its being examined by any of- the public officers of the Government or city. A. Yes, sir ; I was instructed not to take a letter out for him without first showing it to the officer in charge of the detectives' desk. Q. Did you know that the accused when first taken to the head-quarters of the police had been searched, and that TRIAL OF JOHN TATES BEALL. 129 he had no money about him or under his command at the time this conversation took place ? A. I don't know ; they did not tell me they searched him ; I know it is customary to search prisoners when they come here. Q. Up to the time when you returned the first time to his cell that night and said that you could not get the paper for him to write on, had you said anything to him about his name? A. I don't think I had. Q. Up to that time had you asked him what he was charged with ? A. I don't think I had. Q. Did you, during any part of this conversation, ask him ' what he was charged with ? A. Yes, sir. Q. What did he say ? A. He said that was his secret. Q. Do you mean to say that he stated that what he was charged with by our Government was his secret ? A. What he was charged with — the charge he was arrested on ? Yes, sir. Q. Did he state that as the reason why he could not tell you what he was charged with ? A. He did not state what was the reason ; he would not tell me. Q. Did you tell Kelso that he had refused to tell you what ie was charged with ? A. Yes, sir ; I think so. Q. Did you bring him paper to write on ? A. No, sir. Q. Did he write, or attempt to write any letter ? A. No, sir ; not that night. Q. Did you pretend to him that if he wrote a letter you; ■ would have it sent for him to Canada ? K 130 TRIAL OF JOHN YATES BEALL. A. I told him I would have it taken, and try and send it to Canada. Q. Did you intend to send it to Canada when you said so ? A. I first intended to give it to Kelso, who was in charge, to let him act on it as he saw fit. Q. Did Kelso during that night give you any instructions about the subjects about which you should talk to the accused ? A. After I first came in and reported, he told me to try to find out the charges he was arrested on, and to get from him all I could. Q. Did you report to Kelso, from time to time that night, •what the accused said ? A. Yes, sir ; I reported. Q. Did Kelso suggest to you to get the accused to tell you he wanted to escape ? A. He told me no such thing. Q. Before the accused said to you, " You can let me go," what, if anything, had you said or done to make him believe that you were his friend and would let him go ? A. Nothing that I could think of, more than I would see and have that letter forwarded as much as possible. Q. Do you mean to say that although he refused to tell what his name was, he wanted you to take his word for f 1,000 in gold to let him escape ? A. He wanted me to take his word. " Yes, sir ; he was to leave me an order for the money on that man in Canada. Q. Did you ask him whether he would sign his real name to that order ? A. No, I don't think I did. Q. Did you say to him that he could not expect you to take his word when he would not give his name ? A. I don't think I said so. Q. When you asked him about the fires in New York, did you do that of your own suggestion, or because Kelso mentioned it ? TRIAL OF JOHN YATES BEALL. 131 A. No ; I thought I would find out if possible who the par- ties were, as I would like to know it at that time. Q. When he told you that he thought he would be found guilty, did he say what he would be found g ail by o A. No, sir. Q. When he told you that he had been arrested before, did he tell you where he was arrested or what he was arrested for? A. He did not say. Q. Did he tell you the name of one of General Meade's head oflGicers whose son had been, imprisoned by his Govern- ment? A. He told me the name, and I have forgotten it. Q. When he spoke of his two friends who resided in 30th street, did he say in what part of the street they lived, or what their business was, or any thing of that kind ? A. He said he did not know in what part of the street they lived in, or if they lived in 30th street or not ; he said they did business down town in the lower part of the city. No further questions by the accused. No question was asked by the Commission. His testimony being read to the witness, he affirmed the same. The Judge Advocate then called George S. Anderson, who being duly sworn, in presence of the accused, testified as follows : Q. What are your name and age ? A. George S. Anderson ; I will be eighteen some day this month. Q. Have you been in the Confederate military service ? A. Yes, sir. Q. You saw and spoke to the accused as you came in ; when did you see him the last time before ? A. I saw him yesterday, and the last time I saw him be- fore that was in prison in New York city. Q. When and where did you first see Captain Beall, the accused ? 132 TRIAL OF JOHN YATES BEALL. A. I first saw him on the railroad out from Buffalo, several miles west towards Dunkirk ; I don't know what day it was ; it was five or six days before my arrest at Suspension Bridge. Q. Were you and the accused arrested at Suspension Bridge at the same time ? A. Yes, sir. Q. -State the circumstances which led to your seeing the accused on the railroad, and all that followed after you saw him in connection with your movements and his. The accused inquired if this testimony would relate to the sixth specification of the first charge. The Judge Advocate answered that it would. The accused objected to any proof in regard to that speci- fication, on the ground that it related to a transaction which, if perpetrated as stated in the specification, would be an offence cognizable by the laws of the State of New York, and not within the jurisdiction of any military tribunal ; he consented that the objection be overruled for the present, but he wished to reserve the point. The question being repeated, the wit- ness answered as follows : A. I got to Buffalo on the Sunday preceding my arrest ; I got there an hour or two before daylight on Sunday morn- ing ; I went into a hotel and got a room and went to bed ; I was in citizen's dress and had no arms ; in the morning, I suppose it was 8 o'clock when I got up, I went into the street and then came back to the hotel. Q. Did you meet any one at the hotel -whom you had known in the rebel service ? and if so, whom ? A. Idid ; I met Lieutenant Headley ; he belonged to Mor- gan's command when I knew him ; I saw him, but I did not speak to him, and he did not speak to me ; he got up and went out on the street, and I went out after him after a while ; he signified to me to follow him out ; I went out after him, and he told me to follow him up stairs in the same hotel, which I did ; I also saw Colonel Martin there who had been an officer in the rebel service. TRIAL OF JOHN YATES BEALL. 133 Q. What passed between you and them ? A. They said they were glad to see me ; they said they Tiad a plan in view then, and they wanted more men, and they would like to have me with them. Q. What did they say about their plan, if any thing ? A. They said they intended to capture a train ; they told Tne to remain there that day ; that they were going to Dun- kirk the next day to capture the train from Dunkirk the next night after that. ^Q. Where did you get the pistol that was found upon you when you were arrested ? A. Lieutenant Headley gave it to me. Q. On this Sunday or afterwards ? A. No, sir ; it was afterwards at Dunkirk. Q. Did they teU you where they had come from. ? A. No, sir ; they did not. Q. Whether from Canada or any other place ? A. I think they said they were from Canada. Q. What, if any thing, did they say to you in regard to their intended movements, after they had accomplished their plan? A. They did not say any thing ; they expected to go back to Canada, but what they intended to do they did not say any- thing about. Q. Go on with your narrative of what was done. A. On Tuesday evening I went to Dunkirk, and they were to capture the train that night coming from Dunkirk to Buf- falo. Q. Who went to Dunkirk ? A. I went to Dunkirk, and these two officers went. Q. Anybody else that you know of ? A. Not that I know of ; at Dunkirk they told me that they were not going to try to take the train that night ; they told me to be at the depot in Buffalo the next day at 2 o'clock ; 4hat was Wednesday. I was there at the depot the next day 134 TEIAL OF JOHN YATES BBALL. at 2 o'clock, and I saw those two oflScers there, and they told me to follow them out along the railroad towards Dunkirk, which I did ; followed them out, I suppose, three or four miles- from the town, when we overtook Captain Beall, the accused, on the railroad. A. State whether Beall became one of the party from that time in their movements. A. Yes, sir, he was one of the party. We went on the railroad to a point I suppose five or six miles from the city — we four ; we tried to get a rail off the track. Q. How did you try ? A. We tried with a large sledge-hammer and a cold chisel. Q. In whose possession did you first see that sledge-ham- mer ? A. I saw it in Capt. Beall's possession. Q. Who used it in trying to lift the rail from the track ? A. Colonel Martin. Q. Who else ? A. I don't think that anybody else used it. We tried to get a rail off the track and could not do it — did not succeed in the attempt, and went back to town. We then went to Canada that night, to Port Colbum. We remained there two nights and one day. We then came back to Buffalo. There was five in the party then. Q. The same four with one additional man ? A. Yes, sir. Q. Who was he ? A. I don't know who he was. Q. Do you khow what he was from his own statement or otherwise ; whether he was a soldier or ofiScer in the rebel service ? A. He was a soldier. Q. How do you know ? A. All I know about it was, he told me he was an esca- ped prisoner from Rock Island. TRIAL OF JOHN TATBS BEALL. 135 Q. You five came to Bufialo, and what was then done ? A. The Colonel told me to go with this Capt. Beall and stay with him, and he would meet us at a bridge with a sleigh — ^which I did. Q. Did Col. Martin meet you there ? A. Yes, sir, and Lieut. Headley was with him. Q. Where was the fifth man ? A. The fifth man went with Capt. BeaU and me, and we parted. We missed the bridge — went the other side of the bridge, and we took one end of the road and came back to the bridge, and he took the other end of the road, and the sleigh had got by when we arrived there. But the sleigh found us at last. Q. And then there were five of you ? A. Yes, sir, five of us — the same five as before. Q. What did you do then ? A. We went to a point on the railroad, I suppose five miles from the city. Q. And did what ? A. We did not do any thing ; the train passed about the time that we got there. Q. What did you do that night and the next day ? A. We went back to Buffalo, and I and Capt. Beal and this fifth man stayed together at the hotel until the next day at 2 o'clock. Q. What did you do then ? A. Then we met the Colonel and Lieut. Headley in a sleigh at the same bridge, the next day at 2 o'clock. Q. The same party of five, and the same sleigh ? A. Yes, sir ; it was a two-horse sleigh. Then we went back to the same point on the railroad that we went to on the day before. Q. What did you do there t A. Three of the party went up the track to get the sledge- hammer, I think, and I and the Colonel were in the sleigh. 136 TRIAL OF JOHN YATES BBALL. We hitched the horses and got out, and went up the railroad a piece, and we saw the train coming, and the Colonel had taken up an iron rail and taken one end and laid it across the track. He got the rail by the side of the track. Q. How far had he got it on the track ? A. He laid it across the track. Q. Was it then light or dark ? A. It was then just about dark. Q. What happened, so far as you saw, to the train ? A. I saw it strike the rail ; and the whistle blew just then, and it stopped, I suppose, some two or three hundred yards from there. I don't know what damage was done. •Q. What did your party do, or what did the people in the cars do ? A. Somebody came back with a lantern — two or three came back. We went back to the sleigh and went to Buffalo. Q. What became of the sledge-hammer ? A. It was thrown away ; I don't think they got it. Q. What became of the cold chisel ? A. It was thrown away. Q. What had the cold chisel been carried ui ? A. It had been carried in a carpet-bag. Q. In the carpet-bag that was taken when you and the accused were arrested ? A. Yes, sir. Q. In whose possession did you first see that carpet-bag ? A. I saw it in Lieut Headley's possession. Q. How came it to be in your possession or Capt. Beall's at the time of your arrest ? A. It belonged to the party, I suppose. Q. Who brought it away from the place of the railroad col- lision with the rail ? A. It was in the sleigh. Q. On getting back to Buffalo with the sleigh, what became of the party ? TRIAL OF JOHN YATES BEALL. 137 A. They determined to leave and go to Canada ; we took the cars for Suspension Bridge. Q. Who brought along the carpet-bag ? A. I think I had it most of the time. Q. By whose direction ? A. By direction of the party. Q. On getting to Suspension Bridge on the train from Buf- falo, what was done ? A. I and Captain Beall were arrested. Q. What became of the other three ? A. I don't know ; I never saw them after I left Buffalo. Q. You and Captain Beall stopped at the depot, and were arrested there ? A. Yes, sir. Q. Did you hear the statement that Captain BeaU made to the police officers who arrested you and him as to where he came from, and who he was ? State as near as you can recoUect all that was said and done at the time of your arrest. A. Captain Beall told the officer that we were from Point Lookout : he said that we had escaped from Point Lookout, and were making our way to Canada. I have most forgotten what was said there at the time. Q. What time in the evening was it that you were arrested ? A. We were arrested about 9 or 10 o'clock at night ; I and Captain were in the depot seated near together. Q. How many officers were there who made the arrest ? A. There were but two officers, I think. Q. Were you and Captain Beall wide awake when they ■came in and made the arrest ? A. I was asleep ; I don't know how he was. Q. What awoke you ? A. The officers awoke me ; they pulled me off my seat. Q. Where was the carpet-bag at that time ? A. It was on the bench that I was sitting on. Q. Between^you and Captain Beall ? 138 TEIAL OF JOHN YATES BEALL. A. Yes, sir ; I think it was. Q. When Captain Beall stated that you were from Poinfe- Lookout, did you say any thing ? and if so, what ? A. I think that I assented to what he said, but I did not give any account of myself. Q. Did Colonel Martin, or Lieutenant Headley, or the ac- cused, at any time in your presence state whether they were under orders, or were acting by anybody's directions ? A. No, sir ; I don't thing they did. Q. What, if any thing, did'they tell you they intended or expected to do or accomplish at any or all times when you were with them in or near Buffalo ? A. They did not tell me any thing except about the train. Q. What did they say about that ? A. The Colonel told me that he expected to capture the express and the money that was on it. Q. Is that all you recollect ? A. That is all I recollect. No further questions by the Judge Advocate. Cross-examination hy Accused. Q. In what part of Virginia were you born ? A. I was born in Pittsylvania County. Q. How long have you known Captain Beall ? A. The first time I ever saw him was on the railroad. Q. When did you first enter the service of the Confederate States ? A. I entered it last May, I think. Q. What corps were you in, and in whose command ? A. In Morgan's ; as a private in the cavalry. Q. When did you become acquainted with Col. Martin ? A. I got acquainted with him when I was with the com- mand. Q. Was he a Colonel in Morgan's corps ? A. He was with Morgan. TRIAL OF JOHN YATES BBALL. 139 Q. Did you attach yourself to Martin as courier or other- ■mse? A. Yes, sir ; I was courier for the Colonel. Q. How long did you remain his courier ? A. I think it was a week or two. Q. Then what became of you ? A. I went back to my company. Q. At what place ? A. It was about three miles above Rogersville in Tennessee, I think, where I joined my company. Q. Had you ever seen Lieut. Headley before you joined him at Buffalo ? A Yes, sir ; he was with Colonel Martin. Q. You had seen him and knew him personally ? A. Yes, sir ; he was attached to my company about three weeks. Q. When you went into the hotel with Col. Martin, and it was said that there was a plan in view — who said that there was a plan in view ? A. It was the Colonel ; I think both of them were speak- ing of it at the time, and spoke to me. Q. Did the Colonel introduce you to Headley ? A. No ; I was acquainted with Headley before. Q. Was anything said about there being three or some other number of Confederate generals on the express train of the Lake Shore Road, and who were being removed from Johnson's Island to Fort Warren, Massachusetts ? A. No, sir ; there was not. Q. Colonel Martin had command of this expedition ? A. Yes, sir. Q. And Headley and Capt. Beall acted under his orders ? A. Yes, sir ; all that I saw acted under his orders. Q. Was Captain Beall present at the time when it was said what this plan was they had in view about the capture of the train ? 140 TRIAL OF JOHN YATES BEALL. A. No sir ; he was not. Q. Was the aecused present at any conversation between Headley and Martin, when you were also present ? A. I don't think that he was ; I don't think that we had any conversation in his presence. Q. Had you ever seen Capt. Beall before the time that you overtook him on the railroad ? A. I never had ; not that I know of. Q. Who told you what his name was ? A. They told me that he was one- of the party, and they gave me some name. Q. Who told you? A. Lieutenant Headley told me. Q. Did they tell you that he was an officer in the Confe- derate service, or about his rank, or any thing of that kind ? A. I don't think they did. Q. Did they call him Captain, or how did they address him ? A. I have forgotten how they did address him. Q. Did Captain Beall give you any orders in regard to the attempt to get the rail off the track ? A. No, sir ; I don't think he did. Q. Who gave those orders ? A. Colonel Martin was the principal ; I think he gave the orders ; it all went by his directions. Q. When the train struck the rail which Colonel Martin had laid across the track, was your party concealed some- where ? A. Yes, sir, we were in the woods ; I and the Colonel were in the woods ; the others, I think, were up the road apiece ; I don't know whether they were concealed or not. Q. Did you all come together again after the train struck ? A. Yes, sir. Q. Was that at the place where the sleigh had been left ? A. Y'es, sir. Q. And went back to Buffalo ? TRIAL OF JOHN YATES BEALL. 141 A. Yes, sir. Q. Arriving there about what time ? A. Well sir, we got there, I suppose, an hour after dark ; it was about dark when this thing happened, and we went on to Buffalo. Q. Did you go into the hotel together, or did you separate outside after you got back to Buffalo ? A. I don't recollect whether we went into any hotels or not. Q. You say the party determined to go to Canada ? A. Yes, sir. Q. What arrangement was made, if any, about your meet- ing in Canada, you five people ? A. There was not any arrangement made about meeting ; they were all to go, I think, to Toronto. Q. Why did you not all go together ? A. There was nothing said, that I recollect, about the reasD.! why we did not go together. Q. In going from Buffalo to Niagara you were all on the same train ? A. I suppose we were, but I don't recollect seeing them after we left Buffalo. Q. When you and Beall were in the depot at Niagara, what were you waiting for ? A. We were waiting for the train — the eleven o'clock train that night ; I think it was the eleven o'clock train. Q. Was that the only reason why you were in the depot at that time — waiting for the train ? A. Yes, sir, that is all the reason that I know of. The accused proposed no further questions. Examination hy the Commission. Q. What do you mean by Express "t A. The Express and the money in it. Q. What do you understand to be the meaning that they were to take the Express train, or the Express in the train ? 142 TRIAL OP JOHN YATES BEALL. A. The Express that I understood was the Express safe. Q. "What did the accused do at the time Col. Martin laid the rail across the track ? A. He did nothing : there was nobodj that did any thing except Colonel Martin. The Court proposed no further questions ; his testimony being read to the witness, he affirmed the same. The Judge Advocate then read in evidence the three letters of the accused, and acknowledged by him to be his, which were placed by him in the hands of Colonel Burke : one addressed to Colonel Jacob Thompson, Toronto, Canada West, dated January 22, 1865 ; one addressed, by Flag of Truce, to Messrs. Hunter & Lucas, 173 Main Street, Rich- mond, Virginiti, same date , and the third addressed to Col. A. R. Boteler, Richmond, Virginia, by a flag of truce, same date ; which^three letters are hereto annexed, and marked Exhibits A, B and C. The Judge Advocate also read in evidence a pocket diary, which the accused said was kept by him, and was in his own handwriting, and taken from him at Fort Lafayette, commen- cing Thursday, December 29, 1864. It is hereto annexed and marked Exhibit D. The Judge Advocate i.iinounced that the prosecution rested here. The accused being asked if he was ready to proceed with his defence, answered that he was not, and asked for an adjournment until next week. On motion of a member of the Commission, the further hearing of the case was postponed until Tuesday, February 7, 1865, at 11 o'clock, a.m. The Commission then adjourned util to-morrow at 11 o'clock, a.m., to meet at Headquarters, New York City. John A. Bolles, Major and A.D.O., Judge Advocate. trial of john yates beall. 143 Fort Lafayette, N. Y. Harboor, Feb. 7, 1865, 11 o'clock, a.m. The Commission met according to adjournment. Present, all the members, the Judge Advocate, the accused, J. Y. Beall, and his counsel. The proceedings of the two last days of this trial were read tind approved. The accused then introduced the papers hereto annexed, marked Exhibits E and F, purporting to be copies of the war- rant of the appointment of the accused as Master in the insurgent navy, and of a manifesto of the President of the so-called Confederate States ; and there the defence rested. By leave of the Commission, the counsel for the accused, James T. Brady, Esq., then delivered in behalf of the accused the address hereto annexed, and marked Exhibit Gr. Upon the conclusion of the address of the accused by his counsel, the Judge Advocate, in behalf of the prosecution, delivered the address hereto annexed, and marked Exhibit H. The Commission then adjourned to meet to-morrow, Feb. 8, 1865, at the Department Headquarters, New York City, at 12 o'clock noon. # John A. Bolles, Major and A.D.C. Judge Advocate. Department Headquarters, New York City, Feb. 8, 1865, 12 o'clock noon. The Commission met pursuant to adjournment. Present all the members, and the Judge Advocate. The Commission was clear for deliberation upon the case of the accused, John Y. Beall. Upon careful consideration of the evidence adduced, the Commission find the accused, John Y. Beall, as follows : 144 TEIAL OF JOHN YATES BBALL. Of Specification 1, Charge I., Guilty. a a 2 " Guilty, u it 3 " Guilty^ a a 4 " Guilty. « a 5 " Guilty .- u u Q " Guilty. Of CHARGE I, Guilty. Of Specification 1, Charge II., Guilty. take command of the army now organizing at and about Jackson, Mississippi, now under command of Pemberton, Van Dorn, Sewell, and Price, said to number 40,000 effective men. It is also said that Holmes and his corps have been assigned to the army too. General Magruder has gone to Texas to get ready for Banks. General Beauregard has been organizing the defensive preparations of South Carolina and Georgia, ^nd has some 6,000 or 8,000 men imder him. General H. Cobb has been assigned to the command of the department of Florida. Generals Jones and Forney com- mand at Mobile, and are said to have done much towards its defence. I hope to God that they may burn Mobile, and Savannah, and Charleston before they surrender them to the Yankees. 276 JOHN YATES BEALL. December 8th, 1862. There is no news of any important military movementft to-day. Some reports of the capture of Winchester, Virginia, and Grenada, Mississippi, by Yankees, but nothing authentic. or reliable. December 9th, 1862. In Tennessee John Morgan has surprised some four regi- ments of Yankee troops, and captured the entire force, some 2,000 men, besides many waggons and stores. The Yankees say that there has been a fight in North- Western Arkansas, and do not claim a victory for themselves, but state that they will be reinforced by Herron's brigade of Iowa troops. Hindman and Marmaduke had some 25,000 men under them,, so they say. In Virginia, along the Kappahannock, there has been considerable skirmishing, and also along the entire coast to Savannah, and in Western Virginia. The Southern papers claim that a battle is imminent somewhere towards Suffolk, or on the road to Weldon. Seward threatens a con- tinental war against England and France if they dare t» try to cause a cessation of our war. Of course he wiU buUy and fool them, as they are not his match in duplicity and shame- lessness. " The combat thickens, on ye brave !" December 10th, 1862. The papers contain extracts of a correspondence between Seward and Adams which wiU not redound to their credit as men of judgment, or of principles, — and also Federal accounts of a " non-decisive victory " in Arkansas between Hindman and the Yankees. Hindman's division threw themselves between Blount, and Herron, attacked first one and then the ottier, and then retreated without pursuit, losing no guns and prisoners. Yankee loss, 600 ; Confederate, 1,500. December 12th, 1862. Bumside has begun the passage of the Rappahannock at Fredericksburg, bombarding it with 176 cannon, and endea- DIARY. 277 Touring to cross over. He has not succeeded in getting any considerable body of his army across, and doubtless our army will compel the destruction of the town in preference to sur- rendering it as winter quarters to the Yaiikees. There are indications of a great battle in Virginia this ensuing week. The army of Pemberton and Price has eluded Grant and Hovey, and doubtless marched to reinforce Johnston and Bragg, who are pressing Rosecranz in and around Nashville. The battle of Hartsville was a decided Confederate victory, some 2,300 Federal prisoners being taken by Morgan. Now if Pemberton and Price and Bragg and Smith unite wii^ Johnston, one army of the Northern force is lost to a dead certainty, and then for a race for Louisville, Kentucky. In the fight in Arkansas it seems that Blount and Herron disagree concerning the loss of their army. Blount says 800. The Confederates, after the junction of the two armies, retreated unmolested, and left their dead and mortally wounded behind. Galveston, Texas, seems to be a skirmish- ing ground for Magruder and the Yankees. The Alabama has been at her work again. The crews of two more merchant-men, having just arrived, give an account of having been captured, and their vessels burned, and they sent ashore. She was being reinforced in men and guns, and now mounts some eightlargerifledguns, and has acrewof 150 men. She went to St. Martinique, and, while coaling and otherwise refitting sails, the San Jacinto came in, and then [sailed out again, and watched for " the Alabama;" but Semmes was too smart for Wilkes, and was gone two days before the Yankee knew of it. December 13iA, 1862. No news this' morning from Fredericksburg, except that the Confederates do not seem to be making a very obstinate resistance to the passage of Bumside. Nothing new from Tennessee, or Mississippi except some skirmishes, not entirely successful to the Yankees, and a report of the defeat of 278 JOHN TATES BEALL. Hovey who made a flank movement on Grenada, — these are Federal reports. Also the comments of English papers on. Lincoln's proclamation, and emancipation and insurrection policy. The Arkansas battle does not seem to gain credit in New York, and the JV. Y. Serald says that it has to take ■with many grains of allowance, especially the superiority of Confederates which it does riot believe at all, in fact assigns good reasons for the contrary. The Chicago Times also says that the navy of "Rip Van Winkle WeUs" is mostly a delusion in regard to nautical strength and effect- iveness. I have done As you have done, that's what I can; induced As you have been, that's for my country ; He that has but effected his good will, Hath overta'en mine act. — Coriolanus. Thus I turn my back ; There is a world elsewhere I — Coriolanus. Extremity was the trier of spirits, That common chances common could bear. That, when the sea was calm, all boats alike Shew'd mastership in floating.— /Aid. For I will fight Against my canker'd country with the spirit Of all the under fiends. — Ibid. ! a kiss Long as my exile, sweet as my revenge I Now, by the jealous queen of heaven, that kiss I carried from thee, dear, and my true lip Hath virgin'd it e'er since. — Shakspeare. Chaste as the icicle. That's curded by the frost from purest snow, And hangs on Dian's temple. — Ibid. Dundas, December 15th, 1862. On Saturday the 13th, a battle was fought at Fredericks- burg, Virginia. After much severe skirmishing, General DIARY. 279 Burnaide crossed the greater part of his army over the Rappahannock, attacked the Confederate army behind their intrenched camps about two miles back from the river. Of course we can only give Yankee accounts. They say that Sumner and Hooker attacked the entrenchment three times, and three times were driven back with loss ; that Franklin on the left gained some ^^ partial" success over Jackson, and that their loss of life is very great, and not very heavy on the Confederate side. They report two generals killed and four wounded and many other oflScers. The Confederate cavalry has been successful in getting to Dumfries, Virginia, under ffampton (South Carolina), on the road between Fredericks- burg and Washington, capturing stores, officers, &c., &c. The papers of Saturday contained headings, " Lee outwitted," &c. To-day they say Burnside cannot renew the fight. I (and they) suppose that Lee will now attack, and fears are entertained for the safety of Bumside's army, and reports are freely circulated in Washington of " great disasters " — which reports " are started and circulated by the secessionists of Maryland and Washington." December llth, 1862. The papers are filled with accounts of the battle of Fredericksburg. With one accord they proclaim the defeat of the Yankees with immense loss. They say that Jackson commanded the Confed. right, Longstreet the centre and left. Franklin commanded the Federal left, and was thus opposed to Jackson ; Sumner and Hooker to Longstreet. The fight commenced as soon as the fog raised in the morning, and con- tinued through the day. Franklin moved against Jackson, and the battle raged fiercely, and Franklin could not go for- ward beyond the first few out-posts which were entrenched. His loss was 5,932, in killed, wounded, and missmg. Sumner, on the Yankee right, advanced and tried the works, and in vain ; rested and tried again, and in vain ; rested, and rein- 280 JOHN YATES BBALL. forced, and tried again, and in vain. Hooker, in the centre, also attempted to storm the works, and was driven back in confusion for three consecutive times. It seems that Sumner suffered most. After making allowance for high figures their loss must be not less than 13^000, and may be 20,000. The Confederate loss is said to be less than the Yankees, so they admit. Burnside stayed to be attacked by infantry, but General Lee preferred to use his artillery night and day, and finally Burnside left Fredericksburg and effected a masterly and " outwitting " retreat across the Rappahannock unmo- lested by Lee, bringing back all of his wounded and taking ^ip the bridges so that Lee " might not pursue him." Sic transit gloria mundi! Burnside's glory has subsided as suddenly as it sprang up. Siegel and the Harper's Ferry column has been sent to Burnside, so that the Yankees have now some 60,000 or 60,000 men more than Lee. Banks has gone to the South, most probably to try Mobile and then Texas. From Tennessee the news seems to indicate that Johnston and Bragg are fortifying below Murfreesboro', and are determined to fight if a good opportunity presents ; and Major-General John H. Morgan has gone northward with some 5,000 men. Maybe he and Forrest may unite and give Kentucky another benefit. Altogether I think the prospect seems not so dark as it was last spring, for though the enemy had advanced down the Mississippi, we have triumphed in nearly every battle, and driven them back, sometimes " over the border and far away," and when we went into Maryland and Pennsylvania, we were not driven out ; and so in Kentucky, we fought three times, and every time victorious. When we had to retreat, we came back unmolested and laden with " booty" — some 4,000 waggons, &c. Dundas, December 19tA, 1862. The details of the Fredericksburg battle begin to come in, and, judging by them, this has been the most decisive and DIARY. 281 Woody combat of the war. From early noon to the going down of the sun Bumside hurled his forces against that " crest," and everywhere did they come back shattered and defeated. The " Union" army is divided into three grand divisions under Sumner, Hooker and Franklin ; and each grand division into three corps, and each corps into three divisions, and each division into three brigades, — thus making the entire army to consist of eighty-one brigades of infantry, and, together with their batteries of artillery, must reach 162,000 exclusive of cavalry: thus Bumside commanded 175,000 men. Now Heintzelman and Siegel have not less than 75,000 men under them. Thus we see that Halleck, with his 250,000 well and available men, has not got farther than the Rappahannock. The loss at this battle from present indications cannot fall short of the enormous sum of 30,000 ; while that of the Southern army does not exceed 5000, and most probably 4000. Seven Generals have fallen, two to rise no more, besides Colonels, Majors, Captains, &c., &c. The newspapers say that not one half of our " Confederate" troops were engaged. The plunder was pretty great, accord- ing to accounts ; one detachment of 140 six-horse waggons, laden with ammunition, having been taken at once, — the cavalry having gotten into their rear, snapping up sutlers, &c., &c. Never has history recorded a greater blunder, than was committed by the Yankees on this occasion. A trap was set for them, and, forewarned of it, they walked into it, andlo! " Onto Biehmond" ceases. The arrangement of forces on the field was exceedingly defective, and their igno- rance of the actual position of the Confed. forces is laughable. Lee seems to have had his forces much nearer the river than they anticipated, and thus the five or six columns of Bumside were unable to deploy at any time, and their ranks of " fours," in long lines, afibrded splendid targets for the musket and cannon balls, shell and grape and canister, — and sixty pieces seem to have been used for that purpose. On '282 JOHN YATES EBALL. the Yankee left the men seem to have been deployed in line, and were met by a comparatively small force, and driven back. Yanks say that they lost many prisoners and some guns,, and took some three hundred prisoners. Evans (Leesburg) telegraphed under date of 14th that Foster had attacked him at Kingston, N. C, on Neuse River, on the railroad from Newberne to Goldsboro' — on the main road from Weldon to Wilmington : and that after three hours of fighting, he drove Foster to his gunboats. And the tenor of the dispatch was that he expected another fight with him. Banks has not yet been heard from. No arrivals fi-om Europe this week. In the Chicago Times there are accounts of a fight in Mississipi near Coffeeville, wherein Yankee came out second best. Also some accounts of the Hartsville battle, which make it appear that there was a considerable fight there before the Yankees gave up. December 20th, 1862. The Richmond papers state that the Confederate loss in the battle of Fredericksburg was some 2500 in killed and wounded. Kingston, N. C, has been taken by Yankees. A fight is reported to be progressing in Mississippi between Forrest and Yankee cavalry near Corinth, and it is reported that Pemberton and Bragg are trying to efiect a junction, and march against Grant. December 2drd, 1862. The accounts in the Northern papers still sing of Fredericks- burg and its blunders ; of the awful slaughter of Yankees. They also contain Genl. Lee's official report of the battle, in which he says his loss was about 1,800 killed and wounded, including Genls. Cobb and Gregg. There is also a report of Burnside claiming to have lost only 12,000 men. There has been a fight at or near Goldsboro', N. C. The Confederate cavalry have been clearing up things generally in Western Tennessee, capturing towns, regiments, &c. DIARY. 283 Also reported that Seward has resigned as Secretary of State, and Chase of Treasury ; and the hubbub seems to be going on in New York, all tending to peace. December 2ith, 1862. Regarding all news as favourable or not as it affects the cause of peace in the United States, and the recognition of the Southern Confederacy, I look as much to the domestic history of the North as to the army movements ; as a change must spring from the people themselves, and will not come from the army. Now all the parties concur that war is becoming very unpopular all through that section, first under one name and cry, and then on some different pretext. The slaughter at Fredericksburg has startled many out of their propriety, and they are now clamouring for something ; some for cessation of hostilities, some for peace, all for change. In the meantime poor Burnside stultifies himself by making contradictory statements about his loss ; now 13,000, now 10,000, and now 8,000 ; while the journalists say it is 18, 20, and 55,000 men. Thus it goes. Now the army is retreat- ing to Washington, and therefore we may conclude that the winter-campaign in Virginia is over, as far as the Yankees are concerned, and Lee may turn his attention to other parts of the Confederacy. From Goldsboro', N. C, we hear of armies and of move- ments against the railroad wherein Foster has succeeded in throwing his force against it, south of the town, and injuring it somewhat. A large Confederate force under General Gus- tavus W. Smith has concentrated there, and a considerable fight is imminent in that neighbourhood. I hope we may be successful there, for it would help us much to whip Foster and his myrmidons. In Kentucky the Confederates are turning up in and about the centre of the State under Mor- gan ; and in the eastern part under Marshall ; while in "Western Tennessee the Confederate cavalry are doing well, routing 284 JOHN YATES BEALL. Yankees, capturing stations, and artillery, destroying com- munications, resources, &c., &c. The movements of the Western army of the Confederates seem to be a mystery to Yankeedom. They have twice the force, and seem to be trying to steal all that the people have ; to insult them as much as possible, and render themselves as odious to the South as possible, and contemptible to the outside world, by cruelty, bombast and failures. There seems to be some force at and about Harper's Ferry and Martinsburg, and through that country, so that it will he difficult to get through the lines there ; but go through I must and will, somewhere or fail ; try I must and will. Another year or season of this suspense would be intolerable, and I will at least try to end it, some way or other. Mr. Ballard's boarding-house, Bundas, December 25ih, 1862. Christmas of 1860, 1 spent in Chicago ; Christmas, 1861, at the railroad station, Monticello, Florida ; this one in Canada, — one among strangers ; the second in a friendly country, but also among strangers ; this as an exile in a foreign land, though among kind persons from whom I have received kindness. To-day's papers contain some interesting accounts of the Fredericksburg battle from the Richmond papers. The Southern papers did not realize the state of the enemy's army after that battle, thinking only some 8,000 had been hurt, whereas nearly^ or quite three times as many had fallen; and thus Lee has lost a fine opportunity of injuring the Yankee force, but he on the ground knows more than we can here. Stafford heights, which command the south bank of the Rappahannock on the Fredericksburg side, were crowded with heavy artillery, and Lee doubtless wished to have his victory unsullied by much slaughter. From Kentucky we receive accounts of the advance of Marshall into the State by Pound Gap — and the telegrams intimate that the Federals BIARY, 285 intend to clean the "rebels" out of the State now and forever. How easy to promise ! Yet they are largely supe- rior to us in numbers, and with any good General they would succeed effectually in repelling Marshall. In Western Ten- nessee the Confederate cavalry have been doing good work, having captured many posts, property, hundreds of prisoners, &C., &c., and being well up to Kentucky, in fact, not over fifty miles from Cairo. Van Dom has taken Holly Springs, capturing all of the Yankees therein, and many thousand dollars of property, and then advancing to Grand Junction, capturing it ; and some have gone near to Memphis, capturing miles of cattle, stores, &c., &c. : thus it goes there. In Ar- kansas, it is reported that Jefferson Thompson has started on New-Madrid, hoping to capture it, and thus to blockade the Mississippi. Things seem quiet in Missouri, but the Spring will open up the guerrillas again. Ihmdas, December ^Oth, 1862. This morning's papers bring us important news from the army, both East and West. In Virginia, Stuart haa been around Bumside, capturing 1,600 men and four cannon in one place, and breaking up two detachments of Pennsylvania cavalry, capturing those not killed, occupying Occoquan, Dumfries, &c. — ^waggons, &c. " Prompt and forcible " measures have been taken to capture or dispossess him ! 1 — In West Tennessee the Confederates, under Brig.-General Forrest have been emulating Stuart, having taken many hundred prisoners, much stores, &c., and got to threatening distance of Columbus, causing the evacuation of New-Madrid, Hickman, &c., by Yankees — effectually cuttmg off commu- nications to Grant's army. But to make assurance doubly sure. Van Born made a flank movement, and, marching around Grant, captured Holley Springs, with some 1,500 men 3Jid an immense quantity of stores ; tore up the railroad, &c., whereon Grant has been necessitated to retreat, thus putting 286 JOHN TATBS BEALL. ofif the evil day of Vicksburg. Some few of the cavalry got into Memphis a day or so ago, but only in small numbers. Morgan, not to be outdone, started north, and, taking Glasgow, advanced to Elizabethtown, and finally to " Mul- draugh's HiU," near Louisville, capturing 160 men at one place, 600 at another, and burning bridges, trestle work, and on Louisville and Nashville railroad, effectually destroying the communication to Nashville for some time, even if no more obstruction were placed thereon. So that, taking all things into consideration, I do not see any cause for despon- dency on our part, as far as arms go. Concerning foreign intervention, that will not come until we do not need it, when it will come in a hurry. In South-Eastern Virginia there has been some unimportant skirmishing and so in Eastern Kentucky. Yankees are reported to be on half rations at Corinth and thereabout, and a battle is reported at or near Murfreesboro', between Bragg and Rosecranz. January Isi, 1863. To-day I enter on my twenty-eighth year. Like many others, to day, I form new resolutions in regard to the future, and bewail the past. The last twelve months have indeed been productive of but little profitable, either now or here- after, in my life. I may not rely on my own strength, for it is not enough to carry through the temptations which beset me, and to which I am too prone to yield. I do pray God to help me and protect me — and, especially in these times when wickedness flourishes, to " help mine unbelief." January bth, 1862. Designing to start to Kentucky, hoping to get through to the South by that route, I will leave a few directions in this book which I expect to leave with Mr. S. 0., together with some other things such as watch, &c. DIARY. 287 If I get to Kentucky I expect to get to Lexington to Mr. B., or to a Mr. C, between Wmchester and Paris. Should I get to Louisville, I will go to K. C. In Cincinnati I will call on Dr. B. Thus if my friends do not hear of me before they get this book, they can doubtless find out something about me from those gentlemen. The news from the seat of war to-day is an account of slaughter and of battle. But it seems to be confined to the west and south-west. Sherman landed on the south side of the Yazoo River, and marched on Vicksburg, — and heavy skir- mishing is taking place. They report a battle and that one gunboat has been repulsed up the Yazoo ; Grant has been compelled to retreat to HoUey Springs, thus relieving Pemberton of them, and enabling him to precipitate quite a large force on Sherman, before Grant or Banks can come to Hs assistance. I sincerely -wish that they may do so, and thus give a quietus to Yankees on the Mississippi. From Tennessee we hear from Bragg, who reports that Forrest took 1,200 prisoners, and there are confused accounts of theMurfreesboro' battles, for the contest has lasted four days. The Yankees reported that they have eight Generals killed and wounded, and prisoners, and Colonels without number. " The slaughter of officers " is described as " heartrending" ; also that Wheeler has got to the rear of Rosecranz, capturing 400 waggons, 700 prisoners, and an ordnance train — cutting off communication with Nashville. And most confused accounts come in concerning the struggle : now Mr. Cook is driven four miles, and now Thomas has got into Murfreesboro', and now he has not ; now that his troops have crossed the river {Stone's) , and now that they have not ; and finally there comes the news from New York that there is nothing to be had from Nashville any more. And thus it is. In the meantime the report is that Old Abe thinks of entering the field in person. The news from Europe shows that the French Emperor is very anxious to intervene, and still proposes, or purposes to 288 JOHN YATES BEALL. propose, mediation : while from New York, New Jersey, and Ohio, there comes a cry for peace, and some mutterings also for another 300,000 men. And Seymour begms to show his hands against the Federal Government in defence of state rights, which will be apt to conduce much towards. a revolu- tion in Northern sentiments and feelings, and actions. August 24th, 1864. Bundas, Canada West. After an absence of nineteen months, I resume writing in my book, and will, before I go on with my Journal, bring up an account of my time and a sketch of events. Leaving Dundas, I walked to Hamilton, and took the cars for Detroit and thence to Cincinnati, where I arrived all right and sound. I went to see. Dr. T. and Dr. D., from both of whom I received much kindness. John Morgan had played such havoc in Kentucky with the railroad and communications, that it was deemed impossible for me to go South by that route. I then thought of Western Virginia, but the steam- boats were seized to carry subsistence to Kosecranz' army, and I took the cars to Baltimore. After a false start, I got on a,pungy owned and run by blockaders ; and, about the last of February, landed in Virginia. My comrade, Mr. Schluder of St. Louis, Mo., had escaped from the Yankees; was from Price's army. We got to Richmond ; find Dan Lucas and aU the boys at Fredericksburg right. I went to camp, and met Wm. Dick, Chip., Ben., &c., and I felt quite at home. I also got a letter from Martha, mother, Anne, and sister Mary. I went before the examining board, and was discharged from the army. The paper being signed by Dr. Straith & also Chipley, Nadenbousch, Funk, Trimble, Jackson, and Lee. I then entered Con. Navy as acting master, and operated on the coast with varied success, and finally captured November 16th. We were taken to Fort McHenry and treated as pirates, but a little taste of retaliation soon released us, and DIARY. 289 ■finally, I was sent to City Point, March 20tli, and exchanged May 5th. I -went on furlough to Columbus, Georgia, and -spent there at Col. Chambers' the happiest two weeks of my Jife. On my return to Richmond I became assistant Engineer for David Henderson, Topographical Engineers, and our Company participated in the Mechanicsville Eoad skirmish with Sheridan, May 12th,-r-and David, leaving me in charge ■of camp went to Drewry's Bluff, and participated in the action .ofthe 16th May. June 11th, we rode along the line of our army from the Chickahominy to Foster's. After the flanking of Grant to Petersburg, I came down to Matthews County, and thence crossing came on here through Baltimore and Eastern shore, ami New York. I will now try to give a truthful and short account of affairs in the South up to this time. First in Virginia — The tide waters of Eastern Virginia are •entirely in the Federal power, if not actual possession ; this •enabling them at any time to bring an army to the White House, — Fredericksburg, City Point, or Bermuda Hundreds. Western Virginia is far more easily provisioned from Ohio than from Richmond, the B. and 0. R. road furnishes a fine base of supplies along the Northern part of the State. After the battle of Fredericksburg, General Lee's army consisted of two corps of infantry and artillery under Lieut. Generals Longstreet and Jackson, made up of eight divisions. Ander- son's, Hood's, McLaws', Pickett's (1st, Corps) Trunble, Early, A. P. Hill, Rodes (2nd Corps,) the artillery under Pendleton and the cavalry under Stuart. In Western Va. was Sam. Jones, and in the VaUey, W. E. Jones. In April, General Lee sent General Longstreet to threaten Norfolk And capture Suffolk, whereupon General Hooker crossed the Rappahannock, and a terrible battle was fought at Chancellors- -ville and Fredericksburg in which General Hooker was de- 290 JOHN TATBS 3EALL. feated: but General Longstreet was foiled after partial success. Hooker sent Stoneman with Ms cavalry to get to Lee's rear, and make a raid against Richmond ; this raid did cut railroads, but effected little else. After the retreat of Hooker, an advance was determined on, and General Jackson having been killed, and reinforce- ments having come up, the army was remodelled. The first Corps, Lieutenant General Longstreet, consisted of the divisions of Hood, McLaws and Pickett ; second Corps, Lieutenant General Ewell, those of Johnson (formerly Trimble's) Rodes and Early ; third Corps, Lieutenant General A. P. Hill— Heth's (formerly A. P. HUl's), Anderson's and Pender's. The cavalry was increased and made more effective . In June, Ewell crossed the Blue Ridge, and, appearing suddenly before Winchester, first forced MUroy into the works and captured the place and most of the army ; the outlaw, Milroy, escaping. The third Corps re-enforcing, Ewell crossed into Pennsylvania, and gradually, the whole infantry, preceded by W. E., and S. Jones's cavalry, were across the Potomac. Stuart consti- tuted the rear guard, and crossed the river east of the Blue Ridge. The army met with little opposition till July 1st, when the Federal army, under Meade, met it at Gettysburg, and the famous battle began- The Yankee advance was driven back, and both armies getting into position. General Lee attacked and failed to carry the Yankee centre. He then awaited an attack: then retreated to Md., and then, after a delay of several days, into Virginia. Tkis was the first battle where the Eastern Confederate army had failed to carry the enemy's position. The enemy made a demonstration against Richmond at this time. General Lee fell, back to Culpepper atid the campaign- of Penna was ended. Afl&irs had come to a head in Tenaeesee, and Gieoeral Longstreet, vfhh two divisions, MttLaws' and Hood's, was sent thet«. After some delay General Lee moVed against M^sule, and fot-ced Kim back to^ DIARY. 291 Mauassas, and then quietly resumed Us quarters at Orange ■Court House, the army holding the lines of the Rapidan. The Yankees having refitted, started again " On to Rich- mond." Meade crossed the river, and, after a severe action at Locust Grove, or Mine Run, fell back, and every thing resumed its quiet in the army of Northern Virginia. Thus closed the. year of 1863 with the Virginia army. The war in Tennessee. — The army of Tennessee under General Bragg consisted of two corps under Lieutenant Generals Polk and Hardee, with cavalry under Wheeler, Van Dorn, Forrest, and Morgan. After the drawn battle of Mur- freesboro', Bragg withdrew in a south-easterly direction, along the railroad to Chattanooga. Rosecranz remained quietly at Murfreesboro' until after the campaign opened in Mississippi, when he slowly advanced toward the Tennessee river. After heavy skirmishing, the Federal army occupied Chattanooga, while Burnside advanced on Cumberland Gap, which igno- miniously surrendered to him, occasioning the evacuation of East Tennessee. Bragg, being reinforced by Buckner of East Tennessee and Longstreet of Virginia, assaulted Rose- cranz at Chikamauga in North Georgia, and defeated him with great loss. After much delay, Longstreet was sent into East Tennessee ; after gaining many successes, he was de- feated at Knoxville, after Grant had whipped Bragg at Look- out Mountain. Cleburn, however, drove back the pursuing army at Ringgold, and Longstreet, turning at Bean's Station, drove back his pursuers. And this closed the war in Ten- nessee. Bragg was relieved, and Johnston took his place. Morgan made a raid in the summer, and his whole force was captured in Ohio. The war in Mississippi. — The department of Mississippi was placed under Lieutenant General J(dm C. Pemberton, Tyho occupied the strong places of Vicksburg in Mississippi, and Port Hudson in East Louisiana. His command was Van Dorn's old Corinth army, and numbered some thirty-five or 292 JOHN YATES BEALL. forty thousand effective men. After Sherman's repulse in» January, the Federal commander, Grant, accumulated a yast army at Memphis, and a powerful fleet at Cairo, Cincinnati^. St. Louis, &c. After many fruitless efforts and much loss,, he succeeded in running some gunhoats by the batteries ; th& first were captured, but finally the means of carrying his- army from the western side to the eastern, were obtained, and his powerful army was landed at Port Gibson, driving back our small and badly located force. Pemberton sent detachments of his army to fight Grant's entire concentrated army, and was defeated and finally §hut up in Vicksburg, which was surrendered July 4th. Johnston made fruitless efforts to relieve Pemberton, but that incapable oflBcer did not , co-operate. Johnston fell back, and, after a severe engage- ment, evacuated Jackson, which was again occupied by Grant, who returned to Vicksburg, was called to Washington, and. then sent to Chattanooga after the battle of Chikamauga. Port Hudson was strongly fortified by General Gardner, and resisted every water attack, but simultaneously with the in- vestment of Vicksburg, Banks crossed from West Louisiana, and, surrounding, assaulted the works. After many repulses, and the surrender of Vicksburg, Port Hudson also surren- ered July 9th. The campaign in Mississippi for 1863 ended with the Yankees in possession of the river and adjoining country. The war in the Trans-Mississippi Department. — This de- partment was in charge of Lieutenant General Holmes, wha was totally unfitted for it, and only helped it on to anarchy. Price had, under him, charge of the Missouri interest. Hind- man of Arkansas, Taylor of Western Louisiana, andMagruder- of Texas. Early in the spring Lieutenant General C. Kirby Smith was sent over, but not in time to avert Holmes' and Hindman's difficulties. Gradually Arkansas was over-run,- and into the very vitals of Western Louisiana crept the Federal armies and fleets ; not, however, without vigorous- DIARY. 293 protests from Taylor, who, suddenly attacking Brashear city, captured it and its imHiense stores ; then moving rapidly, ambuscaded the advance of Banks and repulsed it, yet he could not prevent his march when Banks crossed the Mississippi and invested Port Hudson and captured it July 9th. The campaign of 1864 ©pened in Eastern Florida by the Yankees under General Seymour advancing from Fer- nandina, along the Railroad towards Tallahassee. They were met at Olustee Station, and totally routed. In Mississippi General Sherman, at the head of a large infantry force, left Vicksburg, and marched towards Selma, Alabama^ while a large cavalry force left Memphis to co-operate with him. General Polk retreated before Sherman, but so dis- posed his cavalry under General Stephen D. Lee as to annoy and delay the enemy's march, while General Forrest threw his cavalry against Smith's Memphis force, and utterly de- feated it. This decided the campaign in Mississippi, and necessitated the retreat of Sherman. The forces of both armies were moved. Lee and Forrest remained in the Mississippi. Polk with his army went to Johnston. Sher- man was appointed commander of the armies of the west, and took command against Johnston. Forrest assumed the offen- sive, and invaded West Tennessee, capturing Union City, and pushed up to Paducah, capturing it. He then turned suddenly, attacked and carried by assault Fort Pillow, and fell back to North Mississippi, where he turned on his accumulating enemies and utterly routed them at Tishomingo creek. Reinforcements were then sent from Memphis against him, when he and Lee, effecting a junction, repulsed the enemy, and Forrest suddenly marched on Memphis, and surprised it, and, capturing many of its defenders and stores, retreated. In Mississippi the enemy have made no progress, while Forrest has ridden triumphantly to the Ohio, captured and killed many more men than his command numbered, and recruited his force. 294 JOHN TAXES BEALL. In the trans-Mississippi Department Banks and Porter,, Avitli an immense army and navy, advanced on Shrevepprt, Louisiana. They captured Alexandria, but were utterly routed at Mansfield, and forced back to New Orleans, having lost 10,000 men and many vessels. While Banks was coming up, Steele came down from Arkansas to co-operate. Price, reinforced by the victory of Mansfield, attacked and put him to flight, capturing his quarter-master and commis- sary stores, pursuing him North of Arkansas River. Cavalry and flying artillery inmediately began to operate on the Mississippi, effectually stopping commerce. Many gallant deeds adorn this campaign. The Confederates were triumphant. The campaign in Virginia. — General Lee's army con- sisted of Ewell's and Hill's corps at Orange Court House, Longstreet at Bristol, and troops in Eastern Virginia and North Carolina. Grant has been created Lieutenant Gen- eral, and took command against him. General Lee initiated the campaign by throwing his cavalry against the forces in the Shenandoah Valley and collecting much forage, while General Pickett moved against New- berne, N. C. He swept around it, capturing many stores and prisoners, while Commander John Taylor Wood, of the Navy, entered the port of Newbeme, and captured the steamer " Underwriter," — but, the tide being out, was com- pelled to destroy her. Pickett then fell back, and investuig, captured Sufiblk and threatened Portsmouth. The enemy being distracted by these movements, suddenly Genl. Hoke, commanding several brigades, and assisted by the gunboat " Albemarle" attacked and carried Plymouth, N. C, wit^ 2500 men and immense stores. Gen. Lee thus cleared his line of communication, and waited the advance of Grant, who, at the head of an immense army, crossed the Rapidan. The battle of the Wilderness, May 5th and 6th, was a great Con- federate victory, but Grant, changing hia course, marched DIARY. 295 towards tidewater, compelling Genl. Lee to come nearer Richmond, May Sth, 10th, 12th. The enemy tried to break his line, and failed. Grant then flanked again towards tidewater, and Lee moved correspondingly. June 3rd, Grant tried the lines again at Gold Harbour, and again in vain. "When Grant crossed the Eapidan, he sent Butler up the James, towards Petersburg, also three converging forces from Western Va., on Lynchburg. Beauregard was in command at Petersburg, and. May 16th, defeated Butler at Drewry's Bluff. In the Valley, Siegel was driven back by Breckenridge ; and the enemy, after gaining partial success in Western Va., were foiled. Grant suddenly threw his army to Butler, and attacked Petersburg. He was agam defeated, and again he tried and was again driven. Genl. Lee made two attacks on him, and drove him to his works. Grant's cavalry raids came to grief. But concentrating his forces in the Valley, Hunter defeated the Confederates, and marched on Lynchburg, when he was driven out of Western Va., and Early advanced suddenly and entered Maryland, threatened Washington, routmg the enemy at Monocacy. Early's cavalry raided through Mary- land and Pennsylvania, and defeated all attempts to drive them from the lower Valley, till the middle of September, when he was driveti back by a sudden accumulation of troops against iiiln. In Qeorgia. — ^In early spring, Genl. Thomas advanced against Dalton, and was repulsed. He fell back, and Sher- man's reinforcing and accumulating troops assaulted and flanked Johnston, who ^aduaily fell back, always fighting, to Atianta, when Hood superseded him and made a most gallant defence of that place, till finally Sherman flanked him out of the city. Shermaai lost heavay in his cavalry, but still is 296 JOHN TATES BBALL. RAID ON LAKE ERIE. Immediately on my arrival in Canada I went to Col. Thompson at Toronto, and made application to start a privateer on Lake Huron. He informed me of a plan to take tlie Micliigan (14 guns), and release the Confederate officers confined at Johnson's Island. I immediately volun- teered, and went to Sandusky, Ohio, to meet Capt. Cole, the leader. We arranged our plans, and separated. Cole staid at Sandusky. I came to Windsor to collect men, and carry them to the given point. On Monday morning we started, some from Detroit, some from Sandwich, some from Amherst- burgh. When off Kelly's Island, I seized the " Fhih Par- sons," and mustering my men, found only some twenty there. We went back to Middle Bass Island to procure wood and wait for the time when the steamer " Island Queen" came up, and we took her. I then started back to attack the Michigan, when seventeen of my twenty men mutinied,, and refused to go forward, and this necessitated my turnmg back, thus abandoning Cole to be hung, a most cowardly and dis- honourable affair. Oommunication to a Canadian Journal. Mr. Editoe, — You condemn the conduct of those who captured the two steamers on Lake Erie as infringing the laws of Canada. Cognisant of the facts, I wish to. present them to you, hoping to win you to reserve your decision. The United States is carrying on war on Lake Erie against the Confederate States (either by virtue of right or suffer- ance from you), by transportation of men and supplies on its waters ; by confining Confederate prisoners on its islands^ and lastly, by the presence of a 14-gun steamer patrolling its waters. The Confederates clearly have the right to retaliate, provided they can do so without infringing your laws. They did not infringe those laws ; for, first, the plan for this attack DIARY. 297 was matured, and sought to be carried out in the United States, and not in Canada ; there was not a Canadian, or any man enlisted in Canada. 2ndly, No act of hostility was com- mitted on Canadian waters or soil. Any man may lawfully come into, or leave Canada as he may please, and no foreign government can complain of the exercise of this right here. These men embarked on an American vessel from Detroit, or sprang on to it while in motion, from Canadian wharfs. The boat did not properly stop at Sandwich, or Amherstburg at all, as the Customs will show. It touched at two American ports, and -was not captured until within range of the 30- pounder Parrot guns of the 14-gun steamer. What act of hostility had been committed up to this time ? Another boat containing thirty or forty United States soldiers was captured in an American port. After wooding up, the '^ Philo JParsons" proceeded to the mouth of Sandusky Bay for the purpose of attacking the " Michigan,'" when six- sevenths of the crew refused to do duty, and thus necessitated the abandonment of the enterprise. 3rdly. What is this Michigan that she can not be attacked ? Is the fact that she carries thirteen more guns than the treaty stipulation between the United States and England allows, a sufficient reason why she is not to be subject to attack ? England allows this boat to remain guarding Confederate prisoners, though she carries an armament in violation of the treaty. Before these men are condemned, judge if they have broken your laws. No " murder" was committed, indeed not a life was lost. There was no searching of prisoners, no " robbing." It is true the boats were abused ; but. Sir, they were captured by Confederates, enemies of the United States, and however questionable the taste, the right is clear. These men were not " burglars," or " pirates," enemies of mankind, unless hatred and hostility to the Yankees be taken as a sin against humanity, or a crime against civilization.