[Third indorsement.]

MILITARY COMMISSION, October 25, 1865.

Respectfully, returned. The findings in the Wirz trial inculpate R. B. Winder. I think he ought to be tried for complicity, though there is no evidence of his being a cruel or brutal man.

N. P. CHIPMAN,

Colonel, &c., Judge-Advocate.

HDQRS. MILITARY DISTRICT OF FORT MONROE, VA.,
August 30, 1865.

[General E. D. TOWNSEND:]

GENERAL: I have the honor to report prisoner Davis quite comfortable to-day. He takes exercise now every day in the open air. Clay and Mitchel are well. Captain Hitchcock, provost-marshal, left Chesconessex this morning with prisoner R. B. Winder for Washington.

Most respectfully,

NELSON A. MILES,

Brevet Major-General.

ADJUTANT-GENERAL'S OFFICE, August 30, 1865.

Major-General HOOKER,

Commanding Department of the East, New York City:

By direction of the President you will cause the following order to be immediately executed, and such steps to be taken as to prevent its purport being made public. On showing this to Amos Pilsbury, warden of the penitentiary at Albany, it willl be the President's warrant to him to deliver the prisoner Samuel B. Davis, alias Willoughby Cummings, to the custody of the officer who shall be designated by you to receive him and convey him to Fort Warren:

EXECUTIVE OFFICE, August 30, 1865.

It is ordered that Samuel B. Davis, alias Willoughly Cummings, a prisoner whose death sentence by a general court-martial has been commuted into confinement during the war, and who is now confined in the Albany panitentiary, be conveyed to Fort Warren and there imprisoned until the term of his sentence expires or further order. The Secretary of War wil issue the necessary orders in the case.*

ANDREW JOHNSON,

President.

Report receipt and execution of the above order.

By command of the President of the United States:

E. D. TOWNSEND,

Assistant Adjutant-General.

DETROIT, September 1, 1865.

President JOHNSON:

DEAR SIR: Inclosed I send you a letter from Honorable S. R. Mallory which speaks for itself; likewise a copy of my answer to him, the response to which removed the "private" from this letter so far as you are concerned, but was itself marked "private." As you know this case better than I can, it is not necessary for me to express an opinion.

Very respectfully, your obedient servant,

Z. CHANDLER.

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*This order was announced in General Court-Martial Orders, Numbers 495, War Department, Adjutant-General's Office, August 31, 1865.

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