The commission finds the prisoner guilty as charged in charge 1 and the specification under it; also guilty as charged in charge 2 and the specificaiton under it, and does therefore sentence hin, George M. Puliam, to be shot to death at such time and place as the major - general commanding the department may select. *

JOHN GROESBECK,

Colonel Thirty - ninth Ohio Volunteers, President.

HENRY BINMORE,

Assistant Adjutant - General, Acting Judge - Advocate.

Trial of Thomas S. Foster, accused of violation of the laws of war.

PALMYRA, MO., January 22, 1862 - 10 a. m.

The court met pursuant to adjournment.

PRESENT: Colonel John Groesbeck, Thirty - ninth Ohio Volunteers, president; Lieutenant Colonel Charles J. Tinkham, Twenty - sixth Illinois Volunteers; Captain Henry T. McDowell Company A, Thirty - ninth Ohio Volunteers; Captain David C. Benjamin, Company I, Thirty - ninth Ohio Volunteers; Captain Henry Binmore, assistant adjutant - general, acting judge - advocate and recorder.

Thomas S. Foster, accused, being also present.

The acting judge - advocate having read the order convening the court asked the accused, Thomas S. Foster, if he had any objection to any member named therein, to which he replied, " I have not. I know none of them. All I ask is a fair trial. "

The court was duly sworn by the judge - advocate and the judge - advocate was duly sworn by the presiding officer of the court in the presence of the accused. The following charges were then read aloud by the judge - advocate.

CHARGE; Violation of the laws of war.

Specification 1. - In this, that the said Thomas S. Foster did on or about the 10th day of July, 1861, set fire to and destroy and burn the bridge known as the Salt River bridge, said bridge forming a part of the common traveled way know as the Hannibal and Saint Joseph Railroad. This within the Military District of North Missouri.

Specification 2. - In this, that the said Thomas S. Foster did on or about the 10th day of July, 1861, by his presence, advice, counsel and consent aid and abet one or more persons unknown who on or about the date mentioned did set fire to, burn and destroy a railroad bridge known as the Salt River bridge, said bridge forming a part of the common traveled way known as the Hannibal ans Saint Joseph Railroad. This within the Military District of North Missouri.

Specification 3. - In this, that the said Thomas S. Foster did on or about the 10th day of July, 1861, meet with other persons unknown and did conspire with such persons unknown to destroy the railroad bridge known as the Salt River bridge, said bridge forming a part of the common traveled road known as the Hannibal and Saint Joseph Railroad. This wiithin the Military District of North Missouri.

Specification 4. - In this, that the said Thomas S. Foster did on or about the 10th day of july, 1861, set fire to and destroy one or more railroadcars then stationed at or near Hunnewell Station on the line of the Hannibal and Saint Joseph Railroad, said railroad cars forming and being a part of the rolling - stock of the Hannibal and Saint Joseph Railroad Company. Tjis within the Military District of North Missouri

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* For Halleck's approval of the sentences of Tompkins, Forshey, Patton, Crowder and Pulliam see General Orders, Numbers 20, January 14, 1862, p. 402.

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