GENERAL ORDERS, 
No. 135. 
WAR DEPARTMENT, 
Adjutant General’s Office, 
Washington, May 18, 1863. 
I..Before a Military Commission, which convened at St. Louis, Mis- 
souri, May 31, 1862, pursuant to Special Orders, No. 117, dated Head- 
quarters St. Louis District, St. Louis, Missouri, May 2, 1862, and of 
which Colonel Lewis Merrill, Missouri Cavalry, is President, was 
arraigned and tried— 
Rees McNiel. 
Charge.—“Violation of the laws of war.’' 
Specification 1st—“ For this ; that the said Rees McNiel did aid and com- 
fort numbers of persons who were engaged in robbing, plunder- 
ing, and maltreating citizens of the State of Missouri. This at 
or near Waverly, Saline county, on or about the 15th day of 
December, A. D. 1861.” 
Specification 2d—“ For this ; that the said Rees McNiel did receive from 
certain persons unknown, and keep and conceal, one wagon, the 
property of the United States of America. This at or near Wa- 
verly, Saline county, Missouri, on or about the 8th day of Sep- 
tember, 1861.” 
To which charge and specifications the accused, Rees McNiel, pleaded 
as follows : 
To the 1st Specification, “ Not Guilty.” 
To the 2d Specification, “Not Guilty, but admits that he received 
wagon.” 
To the Charge, “Not Guilty.” 
Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, Rees McNiel, as follows 
Of the 1st Specification, “Guilty.” 2 
Of the 2d Specification, “ Guilty.” 
Of the Charge, “Guilty.” 
Sentence. 
And the Commission does therefore sentence him, Rees McNiel, “ To 
he shot to death at such lime and place as the Commanding General of the depart- 
ment may direct 
IT. .Before a Military Commission, which convened at the Head of 
Spring Kiver, Missouri, November 9, 1862, pursuant to Special Orders, 
No. 11, dated Headquarters 2d Division, Army of the Frontier, Camp 
at the Head of Spring Biver, November 7, 1862, and of which Briga- 
dier General E. B Brown, U. S. Volunteers, is President, was arraigned 
and tried— 
Private John Hough, Company “K,” 8th Missouri State Militia. 
Charge.—“ Violation of the laws of war.” 
Specification—“ In this ; that Private John Hough, of Company ‘ K,’ 8th 
Regiment Missouri State Militia, in the service of the United 
States, did, without authority, and contrary to law and order, 
forcibly cause one Levi Gustin Mattingly, a boy about nine years 
of age, to dismount from a horse that the boy was then riding 
along the highroad, returning from mill, (the horse being the 
property of Lewis Mattingly, the grandfather of the aforesaid 
boy.) and did appropriate said horse to his, Private John Hough’s, 
own private use. All this on the highroad between Mt. Vernon 
and Cassville, in Lawrence county, Missouri, on or about the 
6th day of November, 1862.” 
To which charge and specification the accused, Private John Hough, 
Company “K,” 8th Missouri State Militia, pleaded “Guilty.” 
Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, Private John Hough, Company “K,” 8th Missouri 
State Militia, as follows: 3 
Of the Specification, “Guilty.” 
Of the Charge, “Guilty,” 
Sentence. 
And the Commission does therefore sentence him, Private John Hough, 
Company “K,” 8 th Missouri State Militia, “ To he shot to death at such time 
and place as the Commanding General may direct, two-thirds of the members con- 
curring. ’ ’ 
III. Before a Military Commission, which convened at Springfield, 
Missouri, September 4, 1862, pursuant to Special Orders, No. 599. dated 
Headquarters South Western Division, Springfield, Missouri, August 
28, 1862, and of which Major William Jackson, 3d Cavalry, Missouri 
State Militia, is President, were arraigned and tried— 
1. James A. Stoker. 
Charge. — “ Violation of the laws and customs of war.” 
Specification 1st—“ Id this ; that the said James A. Stoker, being a citizen 
of the United States, and owing allegiance thereto, did consort 
with and aid and assist the rebel enemies of the United States 
to rob one William Carlton, a peaceable citizen of the United 
States, and did unlawfully and forcibly, in company with said 
rebels, take from the said Carlton one horse, contrary to his 
will. This in Newton county, in the State of Missouri, on or 
about the 10th day of December, A. D. 1861.” 
Specification 2d—“ In this; that the said James A. Stoker, being a citizen 
of the United States, and owing allegiance thereto, did, in com- 
pany with certain rebel enemies of the United States, rudely, 
insolently, and in a violent manner, enter the dwelling-house 
of one John W. Johnson, a peaceable and loyal citizen of New- 
ton county, then and there being, and did, by threats and vio- 
lence, disturb the peace of the family of the said Johnson; the 
said rebel enemies of the United States, in company with the 
said James A. Stoker, threatening to shoot the wife of the said 
Johnson, and by other rude and hostile demonstrations greatly 4 
annoy and frightening the family of the said Johnson. This in 
Newton county, in the State of Missouri, on or about the first 
day of December, A. D. 1861.” 
Specification 3d—“ In this; that the said James A. Stoker, being a citizen 
of the United States, and owing allegiance thereto, did, in com- 
pany with certain rebel enemies of the United States, unlaw- 
fully aud forcibly take from the possession of one John W. John- 
son, a loyal citizen of the United States, one mare, the property 
of one U. P. Johnson. This in Newton county, in the State of 
Missouri, on the first day of December, A. D. 1861.” 
Specification 4th—‘‘In this ; that the said James A. Stoker, being a citizen 
of the United States, and owing allegiance thereto, in company 
with certain rebel enemies of the United States, did, forcibly 
and unlawfully, take from one William Schoolen one horse, the 
property of him, the said William Schoolen, contrary to the 
laws and usages of wTar. This in Newton county, in the State 
of Missouri, on or about the first day of December, A. D. 1861.” 
To which charge and specifications the accused, James A. Stoker, 
pleaded “Not Guilty.” 
• Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, James A. Stoker, as follows: 
Of the 1st Specification, “Guilty.” 
Of the 2d Specification, “ Guilty.” 
Of the 3d Specification, “Guilty.” 
Of the 4th Specification, “Guilty.” 
Of the Change, “Guilty.” 
Sentence. 
And the Commission does therefore sentence him, James A. Stoker, 
“To be hung by the neck until he is dead, at Springfield, Missouri, on the first 
Friday in October, A. D. 1862.” 
2 Charles II Clfford. 5 
Charge.—“ Violation of the laws of war.” 
Specification 1st—“In this; that the said Charles E. Clifford, having 
joined and given in his adhesion to the so-called Confederate 
States of America, in violation of his duties and obligations as 
a citizen of the United States, and having entered into the mili- 
tary service of the so-called Confederate States, and having 
received and accepted a commission as major in the armies of 
the said Confederate States, now in open rebellion against the 
United States, and engaged in carrying on active hostilities 
against the Government and authorities thereof, clandestinely, 
stealthily, and in disguise, and in the garb and habiliments of a 
citizen, did leave the camps of the said rebel enemies of the 
United States, and pass within the limits of the military forces 
of tho United States, in the Southwestern District of the State 
of Missouri, without any badge or mark designating his rank, 
and without disclosing to the said military authorities his posi- 
tion or rank in the said rebel armies, and with the intent and 
purpose of deceiving and evading the said military authorities, 
and passing the military lines of said authorities in disguise, and 
without their knowledge and consent, contrary to the laws of 
war. This in Green county, in the State of Missouri, on the 
21st day of October, 1862.” 
Specification 2d—“In this; that the said Charles E. Clifford, being a 
rebel enemy of the United States, engaged in active rebellion 
against the Government and laws thereof, and holding a com- 
mission as major in the armies of said rebels, did leave the 
camps of said rebel enemies in the State of Arkansas, and clan- 
destinely, stealthily, and in disguise, and without the consent 
of the proper military authorities, did enter within the military 
lines of the Southwestern District of the State of Missouri, now 
held by the military authorities of the United States, and in the 
habiliments and garb of a private citizen of the United States 
was found lurking about and near the fortifications of the post 
of Springfield, then and there being a military post of great im- 6 
portance in the Southwestern District of the State of Missouri, 
held by the military forces of the United States, and within the 
lines of the said Southwestern District of the State of Missouri, 
contrary to the laws and usages of war. This in Green county, 
in the State of Missouri, on the 21st day of October, 1862.” 
Specification 3d—‘‘In this; that said Charles H. Clifford, being a rebel 
enemy of the United States, engaged in active hostilities against 
the government and laws thereof, and holding a commission as 
major in the armies of the rebel enemies of the United States, 
did leave the camps of the said rebel enemies, in the State of 
Arkansas, and stealthily, clandestinely, and in disguise, and in 
the garb and dress of a soldier of the United States forces, did 
come within the lines of the Military District of the Southwest- 
ern Division of the State of Missouri, then held by the military 
authorities of the United States, without the knowledge or con- 
sent of said military authorities, and without disclosing to them 
his rank and position in the armies of the said rebels, in whose 
service he was then engaged; and in the garb and habiliments 
of a soldier as aforesaid, was found lurking in concealment and 
disguise around and near the fortifications of the post at Spring- 
field, a military post of great importance, held by the military 
authorities within the lines of the said Southwestern District of 
Missouri, and was arrested by the authorities of the United States, 
attempting, in disguise as aforesaid, to escape from within the 
military lines of the said Southwestern District of Missouri, and 
from the said post of Springfield, for the purpose and with the 
intent of returning to the camps of the rebel enemies of the 
United States, contrary to the laws and customs of war. This 
in Green county, in the State of Missouri, on the 21st day of 
October, 1862.” 
To which charge and specifications the accused, Charles H. Clifford, 
pleaded “Not Guilty.” 
Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, Charles H. Clifford, as follows : Of the 1st Specification, “Guilty.” 
Of the 2d Specification, “Guilty.” 
Of the 3d Specification, “Guilty, except so much as he is charged 
with coming within the lines of the military authorities in the 
garb and dress of a soldier of the United States Army ” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Commission does therefore sentence him, Charles H. Clifford, 
“ To he hung by the neck until he is dead, at such time and place as the Com- 
manding Officer of the department may designate, two-thirds of the members 
thereof concurring. ’ ’ 
IV..Before a Military Commission, which convened in the city of 
St. Louis, Missouri, May 22, 1862, pursuant to Special Orders, No. 117, 
dated Headquarters St. Louis District, St. Louis, Missouri, May 2, 
1862, and of which Colonel Lewis Merrill, Merrill’s Horse, is Presi- 
dent, was arraigned and tried— 
Joseph L. Englehart. 
Charge.—“ Violation of the laws of war.” 
Specification 1st.—‘‘ For this ; that the said Joseph L. Englehart, a citizen of 
the State of Missouri, did, with certain other persons unknown, 
steal, take, and carry away from the possession of one J. C. 
Higgins, a citizen of Pettis county, and State of Missouri, two 
horses and two mules, the property of the said J. C. Higgins. 
This at Pettis county, State of Missouri, on or about the 15th 
day of February, A. D. 1862.” 
Specification 2d—“For this ; that the said Joseph L Englehart, a citizen 
of the State of Missouri, at divers times, from the 1st day of 
October, A. D. 1861, until the first day of March, A. D. 1862, 
and within the lines of the United States forces, has forcibly 
taken the horses, mules, and other property of citizens of the 
State of Missouri, pretending to pay for the same in the currency 
of the so-called Confederate States, an unlawful and treasonable 8 
combination against the government of the United States of 
America. This at Saline and Pettis counties, State of Missouri.” 
Specification 3d—“ For this ; that the said Joseph L. Englehart, a citizen 
of the State of Missouri, did, in connexion with certain persons 
unknown, and within the lines of the United States forces, for a 
long space of time, viz : from the first day of December, A. D. 
1861, to the first day of March, A. D. 1862, carry on a partizm 
and guerrilla warfare, robbing, plundering, and maltreating the 
citizens of the State of Missouri, contrary to the laws of war. 
All this at the counties of Saline and Pettis, State of Missouri.” 
Specification 4th—‘‘For this; that the said Joseph L. Englehart, with 
certain other persons unknown, and within the lines of the 
United States forces, attacked a mail coach used for the convey- 
ance of the United States mail from Marshall to Boonville, in 
• the State of Missouri, and forcibly seized, drove off, and con- 
cealed the said mail coach. All this at Marshall, Saline county, 
in the State of Missouri, on or about the first day of January, 
A. D. 1862.” 
To which charge and specifications the accused, Joseph L. Englehart, 
pleaded “Not Guilty.” 
Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, Joseph L. Englehart, as follows: 
Of the 1st Specification, “ Guilty, except as to the horses.” 
Of the 2d Specification, “Guilty.” 
Of the 3d Specification, “Not Guilty.” 
Of the 4th Specification, “Guilty.” 
Of the Charge, “Guilty.” 
Sentence. 
And the Commission does therefore sentence him, Joseph L. Englehart, 
* To he shot to death at such time and place as the Commanding General of the 
department may direct. ’ ’ 9 
V-.In compliance with the 5th section of the act approved July 17, 
1862, the proceedings in the case of Rees McNeil have been submitted 
to the President of the United States, who directs that the sentence 
“ to be shot to death” be commuted to imprisonment in one of the 
military prisons for one year. The General Commanding the Depart- 
ment of the Missouri will designate the military prison to which the 
prisoner will be sent. 
In compliance with the 5th section of the act approved July 17, 1862, 
the proceedings in the case of Private John Hough, of Company “ K.” 
8th Missouri State Militia, have been submitted to the President of the 
United States, who directs that the sentence “ to be shot to death” be 
commuted to imprisonment in one of the military prisons for six 
months, from the 11th day of May, 1863. The General Commanding 
the Department of the Missouri will designate the military prison to 
which the prisoner will be sent. 
In compliance with the 5th section of the act approved July 17, 1862, 
the proceedings in the cases of James A. Stoker and Charles H. Clifford 
have been submitted to the President of the United States, who directs 
that the sentence awarded each “ to be hanged by the neck until he is 
dead” be commuted, in the case of Stoker, to imprisonment at hard 
labor during the war, and in the case of Clifford to confinement in one 
of the military prisons for during the war. The General Commanding 
the Department of the Missouri will designate the military prison to 
which the prisoner Clifford will be sent. 
In compliance with the 5th section of the act approved July 17, 1862, 
the proceedings in the case of Joseph L. Englehari have been submitted 
to the President of the United States, who disapproves the sentence 
«i to he shot to death,” on account of informality in the proceedings. 
By obdeb. of the Seceetaey of Wak: 
E. D. TOWNSEND, 
Assistant Adjutant General. 
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