der and others, to destroy
the lives of United States soldiers; he also denied that there had been
such a conspiracy, but made the pertinent inquiry why he alone, of all
those who were charged with the conspiracy, was brought to trial. He
said that Winder has gone to the great judgment seat, to answer for all
his thoughts, words and deeds, "and surely I am not to be held culpable
for them. General Howell Cobb has received the pardon of the President
of the United States." He further claimed that there was no principle of
law which would sanction the holding of him--a mere subordinate
--guilty, for simply obeying, as literally as possible, the orders
of his superiors.

He denied all the specific acts of cruelty alleged against him, such as
maltreating and killing prisoners with his own hands. The prisoners
killed for crossing the Dead Line, he claimed, should not be charged
against him, since they were simply punished for the violation of a known
order which formed part of the discipline, he believed, of all military
prisons. The statement that soldiers were given a furlough for killing a
Yankee prisoner, was declared to be "a mere idle, absurd camp rumor."
As to the lack of shelter, room and rations for so many prisoners,
he claimed that the sole responsibility rested upon the Confederate
Government. There never were but two prisoners whipped by his order,
and these were for sufficient cause. He asked the Court to consider
favorably two important items in his defense: first, that he had of his
own accord taken the drummer boys from the Stockade, and placed them
where they could get purer air and better food. Second, that no property
taken from prisoners was retained by him, but was turned over to the
Prison Quartermaster.

The Court, after due deliberation, declared the prisoner guilty on all
the charges and specifications save two unimportant ones, and sentenced
him to be hanged by the neck until dead, at such time and place as the
President of the United States should direct.

November 3 President Johnson approved of the sentence, and ordered Major
General C. C. Augur to carry the same into effect on Friday, November 10,
which was done. The prisoner made frantic appeals against the sentence;
he wrote imploring letters to President Johnson, and lying ones to the
New York News, a Rebel paper. It is said that his wife attempted to
convey poison to him, that he might commit suicide and avoid the ignomy
of be