Dade County Missouri
War Dep't., Adjutant General's Office; Washington, August 3, 1863
General Orders, No. 267
Trial of Thomas J. Caldwell for Murder
II.-Before a Military Commission which convened at Springfield, Missouri, January 24, 1863, pursuant to Special Orders, No. 16, dated Headquarters, District of Southwest Missouri, Springfield, January 18, 1863, and of which Major Hugh J. Campbell, 18th Iowa Volunteers, is president, was arraigned and tried: Thomas J. Caldwell, a citizen of Dade county, Missouri.
Specification 1st-"In this; that the said Thomas J. Caldwell, being a citizen, and having unlawfully and of his own wrong taken up arms against the authorities of the United States, within the military lines thereof, as an insurgent, robber, and guerilla, and not belonging to any lawfully organized or authorized forces at war with the United States, did join, consort, and co-operate with an armed band of guerillas, and while so co-operating with said band of guerillas did, in company with said band, waylay the public highway for one Captain Beard, and a party of Union soldiers, and in company with the aforesaid band did kill the aforesaid Captain Beard, by shooting him the said Beard to death. The said Caldwell not being commanded thereto by any lawful military or civil authority, contrary to the laws and customs of war. This in Dade county, Missouri, on or about the fifteenth day of April, 1862."
Specification 2d-" In this; that the said Thomas J. Caldwell, having taken up arms as above specified, and having connected himself to and co-operated with a band of armed guerillas, as specified above, did, while in company with said band of guerillas, robbers, and outlaws, waylay and willfully and maliciously kill one Jacob Paris, a soldier of the United States, by shooting him the said Jacob Paris to death ; the said Caldwell not being commanded thereto by any lawful military or civil authority, contrary to the laws and customs of war. This in Dade county, Missouri, on or about the fifteenth day of April, 1862."
To which charge and specifications the accused, Thomas J. Caldwell, pleaded "Not Guilty."
The Commission, having maturely considered the evidence adduced, finds the accused, Thomas J. Caldwell as follows:
Of the 1st Specification, "Guilty."
Of the 2d Specification, "Guilty."
Of the Charge, "Guilty."
And the Commission does therefore sentence him, Thomas J. Caldwell, " To be shot to death with musketry; two-thirds of the members concurring therein."
The proceedings of the Commission in the case of Thomas J. Caldwell have been submitted for the action of the President of the United States, who approves the sentence, and directs that it be carried into exection.
By Order of the Secretary of War: E. D. Townsend, Assistant Adjutant General
(General Orders of the War Department, 1864)
[Submitted by: Cathy Danielson]
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