Of the specification to fifth charge, guilty, except the words "and was engaged in tearing up railroad tracks and burning bridges and making war upon private and peaceable citizens. "

Of the fifth charge, guilty.

And does therefore sentence him, Henry Willing, to be shot to death at such time and place as the major-general of this departmentmay direct.

The commission having acquitted the prisoner of the only specification to the first charge should also have acquitted him of the charge. Sentence confirmed and will be carried into effect at such time and place as may be hereafter designated by the general commanding this department. In the meantime the prisoner will be confined in Alton prison.

James Sisrico.

CHARGE 1: Aiding in the destruction of the North Missouri Railroad.

Specification. - In this, that James Sisrico did on the night of Friday, December 20, 1861, with other parties unknown destroy a portion of the rails and ties of the North Missouri Railroad. This is opposition to martial law then prevailing in the Military District of North Missouri.

CHARGE 2: Aiding and abetting in the destruction of trhe North Missouri Railroad.

Specification. - In this, that James Sixrico on the evening and night of the 20th of december, 1861, did by his presence aid and encourage a body of armed men who on the night aforesaid did destroy a protion of the North Missouri Railroad. This in opposition to martial law then pravailing in the Military District of North Missouri.

To which charges and specifications the prisoner pleaded not guilty.

The Commission finds the prisoner as follows:

Of the specification to first charge, not proven.

Of the first charge, guilty.

Of the specification to second charge, guilty.

To the second charge, guilty.

And does therefore sentence him, James Sisroci, to be shot to death at such time and place as the commanding general of the department may direct.

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

James P. Snedicor.

CHARGE 1: Aiding in the destruction of the North Missouri Railroad.

Specification. - In this, that on the night of the 20th day of December, 1861, James P. Snedicor with other persons unknown did unlawfully within the Military District of North Missouri Burn and destroy certain railroad ties and with crowbars, picks, sledges and axes remove certain rails, which ties and rails formed a part of the common traveled way known as the North Missouri Railroad. This is violation of martial law ten prevailing in the Military District of North Missouri.

CHARGE 2: Giving aid and comfort to railroad and railroad bridge-burners and destroyers.

Specification. - In this, that the said James P. Snedicor did on the evening or night of the 20th of December, 1861, meet with other parties unknown and plan the destruction and by his presence aid, assist and afford comfort and assistance to said parties unknown who did burn and destroy certain ties, rails, track and bridges being part of and appertaining to the North Missouri Railroad. This in violation of martial law then prevailing in the said Military District of North Missouri.

CHARGE 3: Accesory before the fact to the destruction of the North Missouri Railroad.

Specification. - In this, that James P. Snedicor at the county of Callaway, State of Missouri, on the 19th sday of December, 1861, and after that date did solicit divers persons to go to the track of the North Missouri on the 20th of December, 1861, to then and there aid and assist in the destructive of the North Missouri Railroad. This in violation of martial law then prevailing in the said Military District of North Missouri.

To which charges and specifications the prisoner pleaded as follows:

To the first charge and its specification, guilty.

31 R R - SER II, VOL I