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GENERAL ORDERS,

HDQRS. WESTERN DEPARTMENT,
Saint Louis, Mo., September 16, 1861.

I. Before the military commission which convened at the Saint Louis Arsenal on the 5th instant, pursuant to Special Orders, No. 118, current series, from these headquarters, was tried

Joseph Aubuchon.

CHARGE: Treason against the Government of the United States.

Specification. In this, that Joseph Aubuchon, of the town of Ironton, Iron County, State of Missouri, did assume an attitude of open rebellion against the Federal Government by taking up arms against the same, by assuming and exercising the functions and office of lieutenant in the rebel army within the limits proper of the State of Missouri from and after about the 20th day of August, 1861.

FINDING AND SENTENCE: The commission find the prisoner as follows:

Of the specification, guilty, except the words "By taking up arms against the same, by assuming and exercising the functions and office of lieutenant in the rebel army.

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Of the charge, guilty.

And does therefore sentence him, Joseph Aubuchon, "To be confined at hard labor during the existing war and to have his property confiscated."

II. The proceedings, findings and sentence of the commission are approved

On the recommendation of the members of the commission and in consideration of the fact the offense charged occurred previous to the proclamation of the commanding general of the department the sentence against Joseph Aubuchon is remitted. He will be released from confinement and permitted to return to his home. By order of Major-General Frémont:

J. C. KELTON, Assistant Adjutant-General.

SPECIAL ORDERS,

No.

HEADQUARTERS,

Ironton, Mo., September 24, 1861.

Before the military commission which convened at Ironton, Mo., September 21, 1861, was tried

William Perry.

CHARGE: Treason against the United States Government.

The commission in the case of William Perry find him guilty of treason and sentence him to hard labor during the war, and all his real estate and personal property (if any there be) is hereby confiscated and declared the property of the United States.

II. The proceedings and finding of the commission in the case of William Perry are approved. Colonel Hovey, Thirty-third Illinois Volunteers, will see that the prisoner is kept at work on the fort at Ironton and that he is kept in charge of the guard when not at work. The commanding officer at Potosi will seize all personal property that may belong to said William Perry and forward it to the quartermaster at this post who will account for it to the United States and use it for the public service. The commanding officer at Potosi will also report if William Perry owns any real estate in or near Potosi. By order of Colonel Carlin, commanding post:

A. L. BAILHACHE,

Adjutant.

SPECIAL ORDERS,

No. 10.

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HEADQUARTERS,

Ironton, Mo., September 29, 1861.

Before the military commission convened at the Pilot Knob House on the 29th instant was tried

William Hildebrand.

CHARGE: Treason against the United States Government.

The commission find the accused guilty of treason against the United States Government and do sentence him to hard labor during the existing war between the United States and the revolting States.

II. Before the same military commission was tried—

Thomas M. Cooper.

CHARGE: Treason against the United States Government.

The commission find Thomas M. Cooper guilty of treason against the United States Government and do sentence him to hard labor during the existing war between the United States and the revolting States.

III. Before the same military commission was tried—

George W. Higginbotham.

CHARGE: Treason against the United States Government.

The commission find the charges against George W. Higginbotham not sustained and recommend that he be immediately discharged from confinement, and further ask that the commander of the post issue an order forbidding the arrest of persons without evidence of their guilt.

IV. Proceedings and findings of the military commission in the foregoing cases are approved. The sentences in the case of William Hildebrand and Thomas M. Cooper will be carried into effect by Col. J. W. S. Alexander, who will see that they work on the fort at Ironton in charge of a guard. George W. Higginbotham is released from arrest. The commanding officer is reluctantly compelled to disapprove of the manner in which Mr. Higginbotham was arrested. While approving the zeal which dictated his arrest he most positively prohibits any deception by which people may be inveigled into an expression of their sympathies against the United States.

By order of W. P. Carlin, colonel commanding post:

A. L. BAILHACHE,

Adjutant.

Trial of William Hearst, accused of bridge-burning.

Proceedings of a military commission held at Saint Louis, Mo., by virtue of the following order:

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IV. A military commission is hereby appointed to meet in this city on Monday, the 23d instant, at 10 a. m., or as soon thereafter as practicable, for the trial of such persons as may be brought before it.

Detail for the commission: Brig. Gen. S. D. Sturgis, U. S. Army; Col. R. D. Cutts, of the staff; Lieut. Col. John Scott, Third Iowa Volunteers; Maj. E. W. Chamberlain, First Iowa Cavalry; Capt. T. W. Sweeny, Second Infantry, U. S. Army. Col. R. D. Cutts will act as judge-advocate and recorder.

By order of Major-General Halleck:

J. C. KELTON, Assistant Adjutant-General.

SAINT LOUIS, Mo., January 10, 1862–10 a. m.

The commission met pursuant to adjournment and the above order. Present: Brig. Gen. S. D. Sturgis, U. S. Army; Col. R. D. Cutts, of the staff; Lieut. Col. John Scott, Third Iowa Volunteers; Maj. E. W. Chamberlain, First Iowa Cavalry.

The accused, William Hearst, and his counsel also present.

The judge-advocate having read the order convening the commission asked the accused, William Hearst, if he had any objection to any member named therein to which he replied that he had not. The commission was then sworn by the judge-advocate, the judge-advocate taking the oath at the same time as a member of the commission in the presence of the accused.

The accused was then arraigned upon the following charge and specification, which were read aloud to the commission by the judgeadvocate:

CHARGE: Violation of the laws of war.

Specification.-In this, that he, William Hearst, of Jefferson County, Mo., did aid and assist in the burning of the Iron Mountain Railroad bridge across Big River, Jefferson County, Mo., thus risking and putting in jeopardy the lives of innocent persons traveling on said road, the same being done in violation of the laws and usages of war. This on or about October 16, 1861.

The judge-advocate then addressed the accused as follows: "You, William Hearst, have heard the charge and specification preferred against you; how say you, guilty or not guilty?"

To which arraignment the accused pleaded as follows:

To the specification, not guilty.

To the charge, not guilty.

JOHN W. WILSON, a witness for the prosecution, was duly sworn.

By the JUDGE-ADVOCATE:

Question. State your name, residence, and occupation.

Answer. John W. Wilson; reside at Big River bridge, Jefferson County, Mo.; am a farmer.

Question. Do you know the accused, and if so how long have you known him?

Answer. I know him, and have been acquainted with him for about fourteen years, but during four and one-half years of that time I was in California. I was in California from 1852 to 1856.

Question. Since your return have you been in the habit of seeing him often, and how far did he live from your house?

Answer. He lived about eight or nine miles from my house, and I have often seen him at Morse's store and at post-office formerly kept at our house, and also at place where the post-office now is.

Question. Were you at home at the burning of Big River bridge, and how far did you live from it?

Answer. I was. I lived about 150 yards from it.

Question. Did you witness the burning of the bridge?

son.

Answer. I saw it-the bridge on fire and the setting fire to the bridge. Before the burning of the bridge I was arrested by a man who called himself Jeff. ThompHe released me, however, when some men spoke to him and told him I was a farmer who lived there. At the moment of my release I was about 200 yards from the bridge. I then met men coming with fire toward the bridge and I said to them, "For God's sake, don't burn the bridge; it will break us citizens up." I recognized no one among the men going with firebrands in their hand toward the bridge but Mr. William Hearst. The firebrand held by him was about one and one-half feet long.

I then turned round and seeing some men taking my rails I went after them to prevent them, when they cursed me. As I went down to our house I met Perkins, and I looked back and saw the bridge on fire and a lot of men around the bridge-say twenty or twenty-five men-some standing on the bridge, the flames ablazing up on the sides, and other men standing on the embankment on Jefferson County side. There were also about twenty-five men on the other side of bridge beating and hammering, as if they were tearing up the track. I then went to our house and staid there about one and one-half to two hours and then went from our house to Blackwell Station, Saint Francois County. There I met a lot of men, citizens of the county, who had come in on hearing the firing. Saw bodies of two secessionists lying on the platform who had been killed by Lippincott's men. Captain Lippincott (Illinois volunteers) had come to re-enforce Captain Elliott's company at the bridge. There had been a fight early in the morning, about 7 a. m., between Captain Elliott's company and the secessionists, and the former, about forty in number, were taken prisoners by the latter. The secessionists then moved toward Blackwell Station where they were met by Captain Lippincott, both parties firing. I did not see but heard the firing. The bridge was burnt about 8 a. m. about the 15th of October, 1861. The bridge was burned while some of the secessionists, mostly cavalry, were on their way to Blackwell Station.

By the ACCUSED:

Question. Were there any officers in command of the men who burned the bridge?

Answer. I suppose there were. Some had swords, some had long knives. Heard an order given by one man with captain's straps on his shoulder and saw the order obeyed.

Question. Do you belong to any secret order or society of men by which you are bound by oath to do all in your power to punish Hearst as a deserter from the army of Jeff. Thompson?

Answer. I decline to answer.

By the COMMISSION:

Question. How near to bridge was accused when you saw him with firebrand in his hand, and did you see him apply the torch?

Answer. He was about thirty or forty yards from bridge. I spoke to him as he passed. Other men had just preceded him fifteen or twenty steps with firebrands in their hands. I did not know who they were. I did not see him apply the torch. Question. Were the secessionists in uniform, or part of them only, and what proportion so far as you could judge?

Answer. I did not see any persons in uniform except the person who called himself Jeff. Thompson and the captain I have alluded to. The best part of them had overcoats on of different colors, and may have had uniforms on under them for all I know.

There being no further questions to propose to the witness the evidence he had given was read to him and he was dismissed.

WILLIAM BLACKWELL, a witness for the prosecution, was duly sworn. By the JUDGE-ADVOCATE:

Question. State your name, occupation, and residence.

Answer. William Blackwell, of Saint Francois County; a farmer; and reside on Iron Mountain Railroad.

Question. How far do you live from Big River bridge?

Answer. Some 300 or 400 yards southeast of bridge.

Question. Do you know the accused, and how long have you known him, and were you accustomed to see him often?

Answer. Yes; some ten or twelve years. Saw him occasionally, at one time frequently, and at another time, when he moved to a greater distance, not so often.

Question. Were you present at the burning of the Big River bridge? Answer. I was not at the bridge but saw it from my house aburning.

Question. Did you see any person engaged in the burning of bridge? Answer. Yes, sir; I saw a good many men running down from the camp which they had captured on the hill, with something in their hands emitting smoke; appeared to be on fire. I was so far off I could not see the fire itself. I did not recognize Mr. Hearst in that crowd; I was so far off-300 or 400 yards-I could not recognize him, but recognized him after the bridge was on fire in the crowd going down the railroad line, and that was the last time I saw Mr. Hearst until he was a prisoner.

Question. How far were you from the accused when you recognized him?

Answer. I was close to him-a few paces off-as he passed my house. Can't say whether he was armed or not. He was going southward when I saw him. There had been a fight in the morning before bridge was burned between Jeff. Thompson's men and Captain Elliott. The latter were taken prisoners and disarmed after the fight at the bridge and the burning of it. There was also a fight at Blackwell Station.

Question. Did the fight at Blackwell Station] take place after the bridge was burned?

Answer. After, sir; the firing was heard by me after I saw the bridge on fire.
By the ACCUSED:

Question. About how many men composed the army or company which passed your house going from the bridge?

Answer. I suppose there were about 140 or 150 men.

Question. Was any portion of railroad track torn up on the south, Saint Francois side, of the bridge?

Answer. I think there were a few rails torn up.

There being no further questions to propose to the witness, the evidence he had given was read to him and he was dismissed.

The examination by the prosecution was here closed.

HENRY P. BATES, a witness for the defense, was duly sworn.

By the ACCUSED:

Question. Are you acquained with me?

Answer. Yes; I have known him since a boy.

Question. At what time did you see me last before my arrest and where?

Answer. I saw him about the 5th of November at my place of doing business, called Morse's Mills, on Big River, Jefferson County, Mo.

Question. Did you request Captain Dover or other U. S. officer to arrest me, and at whose request did you do so, and for what reason? Answer. I wrote to Captain Dover to go and arrest Mr. Hearst at his own solicitation. The reason, as he told me, using his own expression-that he had joined Jeff. Thompson's army; that he was not going back there, and wished to be arrested as a prisoner of war of the United States; also that he wished to avail himself of the ordinance of the State convention and of the proclamation of Governor Gamble. The reason of his request to be arrested instead of giving himself up, as he stated, was that he feared the punishment that would be inflicted on him as a deserter in case he should fall into the hands of the rebel army.

Question. Did Captain Dover arrest me? If not, why?

Answer. No, sir; Captain Dover, being absent from his post, did not get my letter before he was arrested by Captain Miller, of the detective police.

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