arming themselves with revolvers and handaxes brought surreptitiously on board, rose on the crew, took possession of the steamer, threw overboard part of the freight, and robbed the clerk of the money in his charge, putting all on board under duress. Later in the evening he and his party took possession of another unarmed steamer, the Island Queen, scuttled her, and set her adrift on the lake. These transactions occured within the jurisdiction of the State of Ohio on the 19th day of September, 1864. On the 16th day of December, 1864, the accused was arrested near the Suspension Bridge over the Niagara River, within the State of New York. The testimony shows that he and two officers of the insurgent States, Colonel Martin and Lieutenant Headley, with two other Confederates, had made an unsuccessful attempt, under the direction of the first-named officer, to throw the passenger train coming from the west to Buffalo off the railroad track, for the purpose of robbing the express company. It is further shown that this was the third attempt in which the accused was concerned to accomplish the same object; that between two of these attempts the party, including the accused, went to Canada and returned, and that they were on their way back to Canada on Lake Erie; the accused, though holding a commission from the insurgent authorities at Richmond, in disguise, procuring information with the intention of using it, as he subsequently did, to inflict injury upon unarmed citizens of the United States and their private property.

ARREST.

Beall was arrested through information received on the Canadian border by John S. Young, chief of the Metropolitan Detective Police. Mr. Young also received at the same time information concerning one of the principal witnesses against the pirate, and the party being brought to New York, fully indentified Beall by picking him out of a crowd in one of the rooms at police headquarters. The recognition by this witness was complete, he having instantly stepped up to Beall and called him by name, much to the discomposure of the rebel captain. After this identification the prisoner was confined in one of the cells at police headquarters, but having attempted to corrupt one of the turnkeys by offering him $3,000 in gold for a chance to escape, it was considered better to send him to Fort Lafayette.

TRIAL.

The military commission which tried him was convened on board the steamer Henry Burden while she was conveying the pirate to the fort, but as he desired a week's delay to procure counsel and prepare for his trial, it was granted him.

He received the professional services of James T. Brady, esq., and his trial was commenced on the 10th of February upon the following charges and specification:*

After a careful hearing the prisoner was found guilty of all the specifications, except of the third in the second charge and guilty of both charges. The court sentenced him to be hung, and General Dix approved the sentence, directing that it be carried into execution at Governor's Island on Saturday, the 18th of February.+

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* Omitted here. For charges, specifications, and plea, see p. 279.

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+ Reprieved until the 24th of February.