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[M78 R.F.A. L. Vol 12 1868.

[[stamp]] THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]]

IV. The proceedings and findings in cases of citizen, William L. Killgore and Benjamin Williams, are approved, and they will be discharged from custody and sent to their homes.

The proceedings, findings and sentence in the case of David S. Harriman, Agent, &c., are approved, and the Penitentiary at Jackson, Mississippi, is designated as the place of confinement, to which the prisoner will be sent under suitable guard, with an official copy of this order

In the case of Private William Steel, Company "D", 34th U. S. Infantry, the proceedings, findings and sentence are approved, except so much of the sentence as imposes forfeiture of pay and dishonorable discharge; a Military Commission—whose functions in a case of this kind are analogous to those of a civil court—having no power to adjudge forfeiture of a soldiers pay, or his discharge from the United States service. The sentence as approved is mitigated to confinement for one (1) year at hard labor. The Penitentiary at Jackson, Mississippi, is designated as the place of confinement, to which the prisoner will be sent under suitable guard with an official copy of this order. Private William Steel, Company "D," 34th U. S. Infantry, having been sentenced to confinement in a Penitentiary upon conviction of an infamous crime, is hereby dishonorably discharged from the military service of the United States.

In the case of Citizen, William Riley, the record shows that after the Commission had been sworn and the trial had proceeded—some of the evidence having been heard—one of the members became absent from his seat, which another officer named in the detail, thereupon took, without having been sworn, or an opportunity of challenge offered the prisoner. This gross irregularity invalidating the proceedings, the sentence is disapproved, and the prisoner will be discharged from custody.

By command of Brevet Major General ALVAN C. GILLEM:
JOHN TYLER
1st Lieut. 43d Inf. Bvt. Maj. U. S. A.,
Acting Assistant Adjutant General.

Official:

Nat Wolfe
Second Lieutenant 34th Infantry,
Acting Assistant Adjutant General.

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