Court Martial -LL-2297,folder, 2-RG#153, stack 16W3, Row 15.
Military Commission, Baltimore July 19, 1864.
First Day, of the trial of Samuel B. Hern
Major W.M. Este U.J J. C. - Judge Advocate. Reported by James Kistine and W. H. Samuel.
Files for Samuel Batson Hearn convicted of Spying for the Confederates during the Civil War.
Reference:
Court Martial: FileBaltimore, Md., July 19, 1864
Proceedings of a Military Commission, convened at Baltimore City, Maryland, by virtue of the following order: Headquarters, Middle dept. the Army Corps, Baltimore, May 26, 1864
Special Orders No. 134:
A military Commission is hereby appointed to meet in the city of Baltimore on the 28th Inst for the trial of Richard Hall and such other persons as may be bought before it.
Detail for the Commission:
1.Lieut. Col. H. D. Munson, 159th Reg. Army
2.Maj. George A. Vandergrift, 137th Reg. Army
3.Maj. Elijah Culbert, 131st, Reg. Army
4.Capt. Gideon G. Prugh, 131st, Reg. Army
5.Capt. Ammi Baldwin, 137th, Reg. Army
6.1st Lieut W. L. Winehele, 131st, Reg. Army
7.1st Lieut. Chas. S. Allen, 131st, Reg. Army
Capt. G. W. P. Smith, Smith's Md. Cavalry is hereby appointed Judge - Advocate of the Commission. No other officers than those named can be assembled without manifest injury to the service. Should any of the officers named be prevented from attending, the commission will never the less proceed to and continue the business before it , provided the number present be not less than the minimum prescribed by law. The Commission is directed to sit without regard to hours.
By command of: Maj.Gen'l. Wallace, Sam'l. B. Laurence, Ass't. Adj't. Gen'l.
Official: (Signed) Sam'l. B. Laurence, Ass't Adj't. Gen'l.
To Capt. G.W.P. Smith, Judge Advocate:
The Judge Advocate then read the following order relieving 1st Lieut. Chas. S. Allen from duty as a member of the Commission.
Headquarters Middle Dep't, 8th Army Corps, Baltimore, Md, June 7,1864.
Special Order:
1st Lieutenant Charles S. Allen, Company "C", 131st Regiment, Ohio National Guard is hereby relieved from duty as a member of the Military Commission, convened by paragraph 4, SC 134, Headquarters Middle Dept., May 26, 1864. By command of:
Maj. Gen'l Wallace, Samuel B. Lawrence, Assistant, Maj. Gen'l.Official: signed- Sam'l. B. Lawrence, Ass't Maj. Gen'l.
To Capt. G.W. Smith, Judge Advocate:
The Judge Advocate than read the following order, detailing 1st Lieut. W.G. Wells, as a member of the Military Commission:
Headquarters Middle Dep't, 8th Army Corps, Baltimore, Md, June 7, 1864.
Special Order no. 145:
1st Lieutenant, W.G. Wells, Company "G", 131st Regiment, Ohio National Guard, is hereby detailed as member of the Military Commission, convened by, par. 4, S.C. 134, Headquarters Middle Dep't, May 26, 1864.
The Commission is now in session in this city, by command of:
Maj. Gen'l. Wallace, Samuel B. Lawrence, Ass't. Adj. Gen'l.
Official: Signed, Max Woodhull, Ass't. Adj. Gen'l.
To Capt. G.W. Smith, Judge Advocate,
The following order relieving Capt. Ammi Baldwin, from duty as a member of the military commission, was then read by the Judge Advocate:
Special Orders, no. 161:
Capt. Ammi Baldwin, 137th Reg't. Ohio National Guard, is hereby relieved from duty as a member of the Military Commission, convened by S.C. 134, Par. 4, C.S. and ordered to report to Col. Wooley, Provost Marshall, 8th Army Corps, for special duty in the city. By command of:
Maj. Gen'j. Wallace, Samuel B. Lawrence, Ass't. Maj. Gen'l.
The following order detailing Capt. James Anderson as a member of the Military Commission, was then read by the Judge Advocate:
Headquarters Middle Command, 8th Army Corps, Baltimore, July 6, 1864. Special Orders: No. 170:
Capt, James Anderson, Co. "G" 159 th Reg't, O.N.G., is hereby appointed a member of the Military Commission, convened by Par. 4, S.C.134, Headquarters Middle Dep't, May 26, 1864.by order of:
Maj. Gen'l. Wallace, Sam'l B. Lawrence, Ass't. Adj. Gen'l.
Official: signed:
Sam'l. B. Lawrence, Ass't. Adj. Gen'l.
To Capt. James Anderson, Co. "G", 159th O.N.G., thru Brig. Gen'l. Keenly.
The Judge Advocate then read the following order: relieving Capt. G.W. Smith from duty as Judge Advocate of the Military Commission:
Headquarters Middle Dept., 8th Army Corps, Baltimore, July 4th, 1864.
Special Order: 168:
Capt. G.W. Smith, Smiths Independent Md. Cavalry is hereby relieved from duty in this city and as Judge Advocate of the Military Commission convened by Par. 4, S.C. 134, Headquarters Middle Dept., May 26, 1864, and ordered to to rejoin the company at once.
By command of:
Maj. Gen'l. Wallace, Samuel B. Lawrence, Ass't. Maj. Gen'l. Signed: G.W.P. Smith, Capt. & Judge Advocate.
The Judge Advocate than read the following order, detailing Maj. W.M. Este, A.D.C. as Judge Advocate of the commission:
Headquarters Middle Dept, 8th Army Corps, Baltimore, July 4, 1864. Special Orders: Maj. Gen'l. W.M.Este, A.D.C. is hereby detailed as Judge Advocate of the Military Commission convened by Par. 4, S.C. 134, Headquarters Middle Dept, May 26, 1864. By command of:
Maj. Gen'l Wallace, Sam'l B. Lawrence, Ass't. Adj. Gen'l.
Official: signed:
Sam'l. B. Lawrence, Ass't., Adj. Gen'l. to Maj. W.M.Este, A.D.C.
Trial-First Day:
Baltimore, Md.
July 19, 1864 10 o-clock A M
The Commission met pursuant to adjournment of the 18th inst.
Present:
All the members of the Commission, except two, the judge Advocate, and the accused.
Absent:
Lieut. Winehele and Wells, still reported sick.. The Commission then proceeded to the trial of Samuel B. Hearn. The Judge Advocate, having read the order concerning the Commission in the presence of the accused was then asked if he had any objection to any member named in the order to which he replied in the negative. The Commission, the judge advocate, the reporters, the clerk and the orderlies were than sworn in the presence of the accused, the accused having then been asked if he wished to have the assistance of counsel for his defense, he replied in the negative. The accused was then arraigned on the following charges and specifications:
Charges and specifications against Samuel B. Hearn, now or late of the Army of so-called-Confederate States.
Charge 1:
Acting as a spy. Specification- In this, that Samuel B. Hearn, now or late of the Army of the so-called Confederate States, in a time of war and rebellion against the Supreme authority of the United States was during the month of April, 1864, larking as a spy, in and about the Ports, quarters and encampments of the Army of the Unites States, within the state of Maryland and on or about the 26th day of April, 1864, was found lurking as a spying and about the said encampments.
Charge 2:
Violation of the laws of war as laid down in paragraph 86 of the general order, Ao 100, from the war department, April 24, 1863. specification: 1st-In this that the said Samuel B. Hearn , now or late of the of the Army of the so-called Confederate States , was, on or about the 26th day of April, 1864, engaged in the attempt to pass without lawful authority therefore, from the state of Maryland, within the lines of the army of the United states when at war with the so-called Confederate States into Virginia within the lines of the Army of the so-called Confederate States. Specification 2 -In this that he, the said Samuel B. Hearn, now or late of the Army of the so-called Confederate States, was on or about the 26th day of April, 1864, engaged without lawful authority therefore in aiding the transportation of goods, to wit, whiskey, alcohol, nails, and dry goods from the state of Maryland within the lines of the Army of the United States , then at war with the so-called Confederate States into Virginia within the lines of the Army of the so-called Confederate States. Specifications 3 -In this that he, the said Samuel B. Hearn, now or late of the Army of the so-called Confederate States, was during the months of March and April, 1864, engaged in intercourse by traffic and otherwise between the State of Virginia within the lines of the so-called Confederate States, then at war with the United States and the State of Maryland, within the lines of the Army of the United States, without lawful authority therefore, and did
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at or about said time, without such authority pass from the said state of Virginia into Maryland , so as foresaid for the purpose of such unlawful intercourse and on or about the 26th day of said month of April, was engaged in the attempt to go and convey goods from the said state of Maryland, within the lines of the Army of the so-called Confederate States without authority. Wherefore (signed) W.L. Marshall, Judge Advocate, JH, Army Clerk.
To which charges and specifications, the accused pleaded as follows:
To the specifications of the First charge: "NOT GUILTY".
To the first charge: "NOT GUILTY"
To the first specifications of the second charge: "NOT GUILTY".
To the second specifications of the second charge: "NOT GUILTY".
To the third specifications of the second charge: "NOT GUILTY".
To the second charge: "NOT GUILTY".
The judge advocate here read and informed as evidence General Order No. 100, from the war department paragraph 86, section 5, dated April 24, 1863.
John A. Graham, called as a witness for the prosecution, being duly sworn, testified as follows:
Question by Judge Advocate- State your name in full, your rank in the service and the station in which you were doing duty at the time that you came to Baltimore.
Answer: My name is John A. Graham, I am Captain of company "B" First Eastern Shore Reg't. Maryland Volunteers; I am in command of the Coast Guard, headquarters in Deal's Island.
Question: By Judge Advocate,-Do you or not recollect ever seeing the accused, at any time, here before you ?
Answer: Yes.
Question: By Judge Advocate, When the prisoner was so turned over to you did you or not institute any examination?
Answer: I had him searched for papers that he might have upon his person and questioned him some. He produced a furlough granted for 20 days to get a horse, by his commander and signed by some commander of the Confederate Army. This was headed Richmond, Va.
Question: By Judge Advocate: In your examination of the prisoner did he or not make any confessions to you as to who he was and what he was and where he was going?
Answer: When he produced the furlough, he said he had been home to see his friends and that he lived somewhere in Laurel, Delaware, that he was then on his way back to rejoin his command in Virginia.
Question: By Judge Advocate, Did you or not derive from the examination of the prisoner, at that time or statement as to when he left Virginia to go to his home in Delaware?
Answer: He said he obtained a furlough to get a horse and as soon as he got his furlough, he made his way for that point and had been home to see his friends and his furlough was within two or three days of its expiration, then I think.
Question: By Judge Advocate, Do you or not recollect the days of the furlough?
Answer: I do not it was, it was dated in April, I do not recollect the day. It was somewhere near the first of April.
Question: By the Judge Advocate, Did or did not the accused state to you where he had been and where he was going ?
Answer: He said he had been home in Delaware and that he lived near the lines between Delaware and Maryland, and that he was from Virginia and was then was on his way back to rejoin his command in Virginia.
Question: By the Judge Advocate, How was the accused dressed, when you saw him?
Answer: I thought he was dressed in citizens clothes and he had on a blue pair of fustian pants, the same that he has on now. (blue)
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Question: By the Judge Advocate, What style of coat had he on?
Answer: I took it to be a Citizens coat, I do not recollect the color of it particularly.
Question: By the Judge Advocate: There was nothing about his dress to indicate he was a soldier in either Army was there?
Answer: I saw nothing.
Question: By the Judge Advocate, Did you or not see him when his overcoat was taken off?
Answer: The overcoat was taken off but what kind of coat he had under that, I do not recollect. I only recollect of one, there was three of them together. I recollect seeing one of them having a gray jacket on, but I do not recollect whether Mr. Hearn had or not.
The government here closed the examination in chief of this business.
Cross- Examination:
Question by the accused- Do you or not remember of seeing me with this same jacket on, when we got on board the boat to go to Salisbury, Did you or not see this one, Did you not see all of us with them on?
Answer: I do not recollect of seeing but one with that kind of jacket on.
Question: By the accused- were you or not told by the Corporal, that had command of the boat , that captured us, that there were two Confederate soldiers and three citizens ?
Answer: I do not recollect. The overcoat was here produced and the prisoner recognized the coat as his and the witness now before the Commission thinks is the one the prisoner had on at that time. It is a dark, wooley coat with black buttons on, like a citizens coat, with nothing on it what so ever to indicate that it belonged to a soldier.
Wm. T. Stewart,
Called as a witness for the prosecution, being duly sworn, testified as follows:
Question: By the Judge Advocate-State your name, position in the service and your present station.
Answer: My name is William T. Stewart; I am first Corporal in Company "B", First Eastern Shore, Maryland' I was on coast guard duty in detecting blockade-runners in Tangiers Sound and Hollands Straits, Maryland.
Question: By the Judge Advocate-Do you or not ever recollect to have seen the prisoner before ?
Answer: Yes, It is Mr. Hearn that we took at Holland Straits.
Question: By the Judge Advocate- State briefly and distinctly the circumstances under which you first saw this man, what you were doing at the time, How you came across him, where you found him, and what you did with him.
Answer: I first saw him at the time I was called up we were in a canoe in Hollands Straits doing guard duty and Mr. Truitt saw then passing us and hailed the canoe. He said they did not answer and they shot a gun and by that time I was up . We boarded them and found five men on board. Their names were: Hurley, Hatton, Hearn, and Lyons. We took charge of them. I found on board two barrels of alcohol, two of Rye Whiskey, a ten gallon keg with whiskey in it , some two kegs of nails, some small quantity of leather and shoe thread, and a bundle with a suit of clothing in, resembling a Confederate suit without the buttons.
Question: By the Judge Advocate-Did it or not resemble the jacket the accused has on and was it cut in the same style ?
Answer: Yes, one suit was.
Question: By the Judge Advocate: At the time you first saw the boat what was the direction in which it was sailing ?
Answer: A westward direction towards the Chesapeake Bay and we supposed her to be making her way across to the western Virginia shore.
Question: By the Judge Advocate: Did she or not have a fair wind ?
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Answer: Yes, a fair wind, it was blowing about northwest.
Question: By the Judge Advocate: What did you do with these men ?
Answer: I took them to Deal's Island and reported them to Capt. Graham and he ordered me to take them ashore and the guard there took charge of them.
Question: By the Judge Advocate: Did you or not have any conversation with these prisoners, at the time you captured them ?
Answer: I had no personal conversation with the accused particularly until we took him to the headquarters at Deal Island.
Question: By the Judge Advocate: What conversation did you then have with him?
Answer: When I examined him, I told him I was to examine him to look for letters and in examining him I found his furlough.
Question: By Judge Advocate: Where was that furlough dated ?
Answer: Richmond.
Question: By Judge Advocate:-What was it signed by ?
Answer: I don't know; it seemed to be a furlough granted by an officer in the Rebel Army.
Question: By the Judge Advocate- did you or not put any questions to the accused ?
Answer: I asked him where he was from and he said he was from the state of Delaware and was bound to Richmond to the Confederate Service in Virginia, I never particularly examined the furlough at all.
Question: By Judge Advocate: Did or did not the prisoner make any statement to you to the effect, that he regretted his arrest in as much as his furlough was expiring and he wanted to be back ?
Answer: I think he did . He stated he had been to his home in Delaware.
Question: By the Judge Advocate-How was the prisoner dressed when you saw him ?
Answer: In a citizens suit, He had on a dark brown coat.
Question: By the Judge Advocate-Do you or not think that you would recognize the coat if you saw it ?
Answer: I don't know.
Question: By the Judge Advocate-Was it or not a coat resembling this one ( the coat produced in court) ?
Answer: There was one had a coat on like this.
Question: By Judge Advocate- Did he or not present the appearance at the time of a citizen ?
Answer: Yes.
Question: By Judge Advocate-Was there or not anything in his outward dress to indicate that he belonged to any Army ?