'i'^* ^ 4? '.Ilk.:* ^ lV ... -•• ,*■- .... .ft 1* /i-;^' -^^ c"" •'-^•' °^ 5*3* ;* ..*^ »* **^"^ •ccSf^^i^*^ \> j^ • ;. %^** .♦'rf^VA•• ^«. .c*' .♦«^>- -* \^ . o •• # V^ v^ » •«, ''•' % ♦* .'i^fc \.GHAr M.T. Pub. Ub, PEOCEEDINGS IN THE CASE OF JOHI^ T. BEALL Special Orders ) No. 14. ) Headquarters Department of the East, ) New York City, Jan. VltTi, 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 20tli, 1865, or as soon thereafter 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 for 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. R. F. O'Bierne, 14th U. S. Lifantry. Major G. W. Wallace, 6th U. S. Infantry. Major John A. Bolles, A. D. C, is appointed Judge Advocate. By command of Major Gen. Dix. D. T. Van Buren, Assistant Adjutant General. 4 TRIAL OF JOHN Y. BEALL. Fort Lafayette, New York Harbor, i 11 o'clock A.M., Friday, Jan. 20t7i, 1865. ) The Commission constituted and convened by the foregoing order, met in obedience thereto. Present, all the members, namely : t 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 ac- cused, who was brought in for trial. The foregoing order was read aloud in presence and hearing 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 Military Commission. In presence and hearing of the accused, the Commission was then duly sworn by the Judge Advocate, the Judge Advocate by the Presi- dent, and James E. Munson as Stenographer and Clerk to the Com- mission, 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 Com- mission 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. Bolles, Maj. and A.D.C., Judge Advocate. Fort L afayette. New York Harbor, » 11 o'clock A.M., Wednesday, Jan. 2oth, 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. TEIAL OF JOHN Y. BEALL. 5 The Judge Advocate asked the accused if he was ready to pro^ ceed to trial, to which the accused answered that he had written for counsel ; that he had handed the letter to Colonel Burke, but had re- ceived 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 endeavor 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 received the following note from Mr. Brady : January 23, 1865. Major John A. Bolles, My Dear Sm : — 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 Fort Lafayette for a week. I send this by my friend William H. Ryan, Esq. Yours truly, James T. Brady. Mr. Ryan being present, the Commission inquired of him if Mr. Brady would be able to be present and act as counsel for thfe 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 addressed to persons in Toronto, Canada West, and in Richmond, Ya., and informed the accus- ed that, if he would reduce to writing in the form of an affidavit a state- ment 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 Gov- ernment 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 6 TRIAL OF JOHN Y. BEALL. prepare the statement suggested, and so far as Mr. Brady was concern- ed, would be ready for trial on Wednesday, February 1st. On motion of a member of the Commission, the application of the accused for delay was granted, and the trial was postponed until Wed- nesday 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 26th, at 12 o'clock M., to meet at Department Headquarters ft>r the transaction of other business. John A. Bolles, Major and A.D.C., Judge Advocate. Fort Lafayette, New York Harbor, | 11 o'clock A.M., Wednesday, Feb. 1st, 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. By leave of the Commission James T. Brady, Esq., appeared 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 gmlty. CHARGES AND SPECIFICATIONS AGAINST JOHN Y. BEALL Chaege 1st. Violation of the laws of luar. Specification 1. In this that John Y. Beall, a citizen of the insur- gent State of Virginia, did on or about the 19th day of September, 1864^ at or near Kelly's Island, in the State of Ohio, without lawful aui thority, and by force of arms, seize and capture the Steamboat Philo Parsons. Specification 2. In this that John Y. BeaU, a citizen of the in- surgent 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 law- ful authority, and by force of arms, seize, capture, and sink the Steamboat Island Queen TRIAL OF JOHN Y. BEALL. T Specification 3. In this that John Y. Beall, a citizen of the in- surgent State of Virginia, was found acting as a spy at or near Kelly'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 in- surgent 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 the in- surgent State of Virginia, was found acting as a spy on or about the 16th day of December, 1864, at or near Suspension Bridge in the State of NcAV York. Specification 6. In this that John Y. Beall, a citizen of the in- surgent State of Virginia, being without lawful authority, and for un- lawful purposes, in the State of New York, did in said State of New York undertake to carry on iiTegular and unlawful warfare as a guerrilla ; and in the execution of said undertaking, attempted to destroy the lives and property of the peaceable and unoffending inhabitants of said State, and of persons therein travelling, by throwing a train of cars and the passengers in said cars from the raikoad track, on the railroad be- tween 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 ^d. Acting as a Spy. Specification 1. In this that John Y. Beall, a citizen of the insur- gent State of Virginia, was found acting as a spy in the State of Ohio, at or near Kelly's Island, on or about the 19th day of September, 1864. Specification 2. In this that John Y. Beall, a citizen of the insur- gent 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 insur- gent 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 Sep- tember, 1864. John A. Bolles, Major and A.D.C., Judge Advocate, New York, Vjth January^ 1865. 8 TKIAL OF JOHN Y. BEALL. Headquarters Department of the East, ) New York City, January Wh, 1865. ) The above-named Beall will be brought for trial before the Military Commission of which Brig. Gen. F. H. Warren is President. John A. Dix, Major General. To these charges and specifications the accused pleaded not guilty, and thereupon the Judge Advocate called Walter O. Ashley, a wit- ness for the prosecution, who, being duly sworn, in presence of the ac- cused, testified as follows : — Question hy Judge Advocate. State your name, place of residence, and occupation? Answer. My name is Walter O. Ashley. I am clerk and part owner of the steamboat Philo Parsons ; residence. City of Detroit, State of Michigan. Q. Look at the accused ; have you ever seen him before ? 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 transactions which brought you first into company with the accused, be- ginning 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 De- troit to the City of Sandusky, touching regularly at the Canadian port of Amherstburgh, and occasionally at Sandwich. On the evening of Sunday, Mr. Bennett G. 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 favor that the boat would stop and take on his friends. I then agreed, providing he, Burley, would take the boat him- self at 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 Sep- tember, the boat left Detroit at eight o'clock in the morning, with freight and passengers. As the boat was swinging away from the dock, Bur- ley came to me and reminded me of my promise to stop the boat at TEIAIi OF JOHN Y. BEALL. 9 Sandwich. At the time the boat left Detroit, Capt. S. F. 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 Sand- wich, and he stopped and took these three friends of Burley at Sand- wich. Q. Who were they ? A. The accused was one, and there were two others. Q. Coming 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 appear- ance ; 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 Sandusky. 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 doAvn 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 the boat by two of the roughest looking subjects in the party ; most of the party were roughly dressed in citizens' dress. Q. If the contents of that trunk became afterwards known, state what they were. 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. Every thing passed off quietly until about four o'clock in the afternoon. The boat stopped at a num- ber of islands transacting 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 miles 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. 10 TRIAL OF JOHN Y. BEALL. 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 master 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 of- fice 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. Bm'ley at this time. Bennett G. Burley came from the forward part of the boat aft, followed by fifteen or twenty. Burley had a revolver in his hand and level- led 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 lid taken off, and they armed themselves from that with revolv- ers and hatchets ; most of them had o**-'* ^^ to . ■^^^^'^ • S, C°'/ .* .^^^ V ^.^ ♦ o cO\» ■ %'-W*/ xW',."^ \'W\/ \ ;• j^ ■•"• »« <»«.*.. -9 O 4lT> • — ^^ *'^.T« .^ -c ^^TTT*' .0^ ^ ^> y '•^Ok* r*. ^^ /i ^\'^^*>. . "