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[1] ALS, RPB. No reply has been found. Lieutenant Colonel Seth Eastman was in command at Cincinnati as of October 31, 1863. On November 24, Richard M. Corwine telegraphed Lincoln from Cincinnati: ``I send you . . . petition in behalf of E. A. Smith just convicted by a court martial of fraud in horse contracts and sentenced to pay a heavy fine & suffer twelve months imprisonment.
I was not his counsel in the trial, but have examined the evidence and am satisfied it is not a just conviction but owing to Gen Burnsides absence no appeal can be made to him & he has not seen & has had no opportunity to revise the proceedings & I respectfully ask you to order the sentence to be suspended until you can examine them. If you do not make the order the sentence will be executed tomorrow.'' On December 1, 1863, Lincoln referred the petition to Stanton (DNA WR RG 107, Secretary of War, Letters Received, P 208), but the papers are missing from the file. See further Lincoln to Holt, February 4, and to Corwine, March 30, 1864, infra.