MILITARY COMMISSION,

Danville, February 10, 1862.

Major General HENRY W. HALLECK,

Commanding Department of the Missouri:

GENERAL: The military commission in rendering the above sentence would respectfully state that they are entirely convicend of the actual legal guilt of the prisoner, yet the court is inclined in view of the apparent igonorance and credutlity of the convict to recommend him to the clemency of the commanding general to the extent of mitigating his sentence to something less than the punishment of death, as he shall see fit.

Very respectfully,

SAML. A. HOLMES,

Lieutenant-Colonel and President of Military Commission.

M. ARMSTRONG,

Captain, Judge-Advocate and Recorder Military Commission.

Finding and sentence approved.

The commission having recommended the prisoner to mercy the sentence will be mitigated to imprisonment during the war in the military prison at Alton.

H. W. HALLECK,

Major-General.

EXHIBIT A.

Statement of James Howard.

After I was sworn in Lieutenant Hudson came after me to go Laile's pasture. I told him I did not want to go. "Well", says he, "we want all the able-bodied men we can get, and", says he, "if you don't go I will take you prisoner and make you go anyhow", and I went up to Laile's pasture. I did not know what was going to be done when I got there. From there I went to Mr. Wingfield's brick-kiln and there at the brick-kiln Captain Meyers said that the railroad was to be torn up and that he had an order form General Price to tear it up. I tore up the track, burnt the bridges and put the rails across the fire. Went over to Wellsville and burnt the depot. After the depot was burned I went home. I don't know what they did after I left Wellsville. I remained at home until they sent me to march to Williamsburg, then went to Laile's pasture from where we marched to Williamsburg. Took supper in Williamsburg. That night we marched to Danville; then next morning as the Tood troops came in we retreated and fell back toward Williamsburg. From Williamsburg we made a forced march to Boone. On Friday evening when we got into Boone we had a little fight with the pickets. Saturday morning the battle came off. I did not want to take up arms. I was forced to do so by Captain Meyers.

JAMES HOWARD.

Trial of Frank White, charged with destruction of railroad and telegraph lines, &c.

DANVILLE, MONTGOMERY COUNTY, MO.,

February 15, 1862.

Commission met pursuant to adjournment.

Present: Lieutenant Colonel Samuel A. Holmes, Tenth Missouri; Captain Richard Y. Lanius, Eighty-first Ohio; Captain A. C. Todd, Tenth Missouri; Captain M. Armstrong, judge-advocte, Eighty-first Ohio.