April 28, 1862
Headquarters Mountain Dep't.
Wheeling, April 26th, 1862.
General Orders No. 17.
1.At the Military Commission which convened at Charleston, Va., pursuant to Special Orders No. 59, of March 13th, 1862, from these Headquarters, and of which Col. Hugh Ewing, 39th Ohio Volunteer Infantry, is President, were arraigned and tried:
Charge.:"Murdering of a Soldier of the United States Army."
Specification.:"In this, that the said Henry Kuhl, Hamilton W. Windon, Conrad Kuhn, and John Conrad, citizens of Western Virginia, did on or about the 27th day of July, 1861, at or near the residence of the said Henry Kuhl, in the county of Braxton, and State of Virginia, wilfully [sic] and maliciously, with deliberation and premeditation, with force and violence, and armed with a scythe, assault, beat and kill, and murder one of the soldiers of the United States Army, whose name is unknown."
To which charge and specification the prisoner pleaded, "Guilty."
Finding and Sentence.:The Commission found the prisoner as follows: Of the Specification:"Guilty;" of the charge "Guilty."
And the Commission did "therefore sentence him, Henry Kuhl, a citizen of West Virginia," "To suffer death by hanging, at such time and place as the General Commanding the Department of the Mountains may direct."
The finding and sentence in the above case are approved and confirmed, and to the end that just example may be made, the sentence will be carried into effect at Suttonsville, Braxton county, Virginia, on Friday, the 9th day of May, 1862, between the hours of 12 M. and 1 P. M. Brig. Gen. J. D. Cox is charged with the execution of this order and will cause to be taken the proper measures for the execution of the prisoner.
Charge.:"Murdering of a Soldier of the United States Army."
Specification.:"In this, that the said Henry Kuhl, Hamilton W. Windon, Conrad Kuhn, and John Conrad, citizens of Western Virginia, did wilfully [sic] and maliciously, with deliberation and premeditation, with force and violence, and armed with a scythe, assault, beat, kill and murder one of the soldiers of the United States Army, whose name is unknown."
To which charge and specification the prisoner pleaded, "Not Guilty."
Finding and Sentence.:The Commission found the prisoner as follows: Of the Specification:"Guilty;" of the Charge "Guilty."
And the Commission did "therefore sentence him, Hamilton W. Windon, "To suffer death by hanging, at such time and place as the General Commanding the Department of the Mountains may direct."
The findings and sentence in the above case are approved and confirmed, and to the end that just example may be made, the sentence will be carried into effect at Suttonsville, Braxton county, Virginia, on Friday, the 9th day of May, 1862, between the hours of 12 M. and 1 P. M. Brig. Gen. J. D. Cox is charged with the execution of this order, and will cause to be taken the proper measures for the execution of the prisoner.
Charge.:"Murdering of a Soldier of the United States Army."
Specification.:"In this, that the said Henry Kuhl, Hamilton Windon, Conrad Kuhn and John Conrad, citizens of Western Virginia, did, on or about the 27th day of July, 1861, at or near the residence of the said Henry Kuhl, in the county of Braxton, State of Virginia, wilfully [sic] and maliciously, with deliberation and premeditation, with force and violence, and armed with a scythe, assault, beat, and kill and murder one of the soldiers of the United States Army, whose name is unknown."
To which charge and specification the prisoner pleaded, "Not Guilty."
Finding and Sentence.:The commission found the prisoner as follows: Of the Specification, "Guilty;" of the Charge, "Guilty." And the Commiss[i]on did therefore sentence him, Conrad Kuhl, a citizen of Western Virginia, "To be taken in chains to the 'Dry Tortugas,' or such other unfinished fortification as the General Commanding the Department of the Mountains may direct, and be there kept at hard labor, with ball and chain attached to the left ankle during the War."
The findings and sentence are approved, but the prisoner will be taken to the military prison at Camp Chase, near Columbus, Ohio, and be there put at hard labor for the term aforesaid, under the orders of the officer of said prison.
II. The military Commission of which Col. Ewing is President, is hereby dissolved.
By command of
Major General Fremont.
Henry Thrall, Asst. Adj't. Gen'l.
Timeline of West Virginia: Civil War and Statehood: April 1862