Collected Works of Abraham Lincoln. Volume 7 [Nov. 5, 1863-Sept. 12, 1864].

About this Item

Title
Collected Works of Abraham Lincoln. Volume 7 [Nov. 5, 1863-Sept. 12, 1864].
Author
Lincoln, Abraham, 1809-1865.
Publication
New Brunswick, N.J.: Rutgers University Press
1953.
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"Collected Works of Abraham Lincoln. Volume 7 [Nov. 5, 1863-Sept. 12, 1864]." In the digital collection Collected Works of Abraham Lincoln. https://name.umdl.umich.edu/lincoln7. University of Michigan Library Digital Collections. Accessed April 25, 2024.

Pages

To John P. Gray1Jump to section

Dr. John P. Gray. Executive Mansion,
Utica, New York. Washington. April 25, 1864.

Sir, Private Lorenzo Stewart, 14th regiment New York Volunteer Artillery, is in military custody at Elmira, New York, having been, by a military court, tried for murder, and sentenced to death, his execution awaiting the order of the President of the United States. The record is before me; and a question is made as to the sanity of the accused. You will please proceed to Elmira, New York, and take in writing, all evidence which may be offered on behalf of Private Stewart, and against him, and any, in addition, which you may find within your reach, and deem pertinent; all said evidence to be directed to the question of Private Stewart's sanity or insanity, and not to any other question; you to preside, with power to exclude evidence which shall appear to you clearly not pertinent to the question.

Page 314

When the taking of the evidence shall be closed, you will report the same to me, together with your own conclusions as to Private Stewart's sanity, both at the time of the homocide,2Jump to section and at the time of your examination. On reaching Elmira, you will present this letter to the officer then commanding at that Post, and deliver to him a copy of the same, upon which he is hereby directed to notify Clinton Rice, Esqr. and F. B. Swift, Esqr., No. 200 Broadway, New York, of the same; to designate some suitable person in his command to appear for the Government as Judge Advocate, or Prosecuting Attorney: to provide for the attendance of all such witnesses before you as may be desired by either party, or by yourself, and who may be within convenient reach of you; to furnish you a suitable place, or places, for conducting the examination; and to render you such other reasonable assistance in the premises as you may require. If you deem it proper you will examine Private Stewart personally, and you may, in your discretion, require him to be present during the whole, or any part, of the taking of the evidence. The military are hereby charged to see that an escape does not occur. Yours Very Truly, A. LINCOLN

Annotation

[1]   LS, IHi. See Lincoln to Holt, March 7, supra.

[2]   Lincoln deleted ``murder'' and substituted ``homocide.''

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