Tuesday, September 26, 2017

Trial of Edmund J. Ellis, editor, for violating the laws of war by publishing intelligence to the enemy, etc., February 26, 1862

WEDNESDAY, February 26, 1862.

The court met pursuant to adjournment, all the members present.

EDWARD REYNOLDS, a witness for the prosecution, being duly sworn testified as follows:

By the JUDGE-ADVOCATE:

Question. What is your age, place of residence and occupation?

Answer. I am nineteen years old; reside in Columbia; I am a printer by trade.

Question. Are you acquainted with the accused, Edmund J. Ellis? If yes, state how long you have known the said Ellis and what is his occupation or business.

Answer. I know the accused. Have known him about ten months. He (Ellis) is a printer by trade and has been ever since I have known him the editor of The Boone County Standard.

(Here the witness was handed copies of the newspaper styled The Boone County Standard for the following dates, respectively, viz: Friday, November 15, 1861; Friday, November 22, 1861; Friday, November 29, 1861; Friday, December 6, 1861; Friday, December 13, 1861; Friday, January 3, 1862; Friday, February 7, 1862.)

Question. Examine the papers shown to you and state whether or not they are copies of the paper you have just referred to and whatever you know with regard to their publication with your means of knowledge.

Answer. These are copies of The Boone County Standard that I have worked upon for the last nine months. Mr. Ellis, the accused, was the only editor I ever knew for the paper.

(The papers thus referred to were then offered in evidence and no objection being made accepted, and are hereto attached, marked respectively exhibits B, C, D, E, F, G and H and made part of the testimony for the prosecution in this case.)

Question. Examine the articles styled “Letter from our Army” and “To the Civil Officers of Boone County” in the paper now shown you and state what if anything you know of their authorship.

(Here the witness was handed newspaper marked Exhibit B.)

Answer. Both articles are communications. I do not know who wrote them. The first I know to be communication; the other I believe to be.

Question. Examine the paper now shown to you and state what if anything you know of the authorship of the article entitled “The U. S. Flag — Rebellion.”

(Here the witness was handed newspaper marked Exhibit F.)

Answer. I do not recollect the author of that if I know him. I suppose it to be editorial.

Question. Examine the paper now shown to you and state what if anything you know of the authorship of the article entitled “Carrier's Address.”

(Here the witness was handed newspaper marked Exhibit G.)

Answer. I believe the man's name who wrote it was Dysen.

Question. Examine the pamphlet now shown to you and state what if anything you know of its publication; where it was printed, by whom, how many copies were printed, by whom circulated, by whom written. State all you know connected with it.

(Here the witness was handed pamphlet “To the Patriot Army of Missouri.”)

Answer. It was printed in The Boone County Standard office. I think 300 copies were printed. Don't know who wrote it. Don't know who circulated it. Don't know who it was printed for.

The pamphlet was here offered in evidence and no objection having been made accepted, and is hereto attached, marked Exhibit A and made part of the testimony for the prosecution in this case.


By a MEMBER:

Question. What became of the copies of the pamphlet marked A of which you say some 300 copies were printed

Answer. They were taken from the office. Don't know who by or where.

The prosecution here rested and the prisoner produced the following evidence:

EDWARD REYNOLDS, a witness for the defense having been duly sworn testified as follows:


By the PRISONER:

Question. Do you know of any copies of said pamphlet having been circulated by Edmund J. Ellis, or by anyone else at his instance?

Answer. I do not.

Question. Was your position as an employé such that you had a good opportunity of knowing whether it was so circulated?

Answer. Yes.

The defense here rested, and the prisoner declining to make any statement or address submitted the case to the court.

The court was then cleared and after mature deliberation upon the testimony adduced find the prisoner, Edmund J. Ellis, as follows, viz:

Of the first specification of the first charge, guilty.

Of the second specification of the first charge, guilty.

Of the third specification of the first charge, guilty.

Of the fourth specification of the first charge, guilty.

Of the fifth specification of the first charge, guilty.

Of the sixth specification of the first charge, guilty.

Of the first charge, guilty.

Of the first specification of the second charge, guilty.

Of the second specification of the second charge, guilty.

Of the third specification of second charge, guilty.

Of the second charge, guilty.

And the commission does therefore sentence him, the said Edmund J. Ellis, to be placed and kept outside the lines of the State of Missouri during the war and that the press, types, furniture and material of the printing office of The Boone County Standard be confiscated and sold for the use of the United States.

LEWIS MERRILL,
Colonel Regiment Merrill's Horse, President Military Commission.

ROBERT A. HOWARD,
First Lieutenant, Merrill's Horse, Recorder Military Commission.


Finding and sentence approved. The press, types, furniture and material of the printing office of The Boone County Standard will remain in charge of the quartermaster's department till further orders. The proper commanding officer will see that the prisoner, Edmund J. Ellis, is placed outside of the State of Missouri. Should he return within the lines of this State during the war without proper permission he will be arrested and placed in close confinement in the Alton military prison.

H. W. HALLECK,
Major-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 1 (Serial No. 114), p. 455-7

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