D, DNA WR RG 107, Presidential Telegrams, I, 322. Nicolay signed Lincoln's name as well as his own. See Lincoln to Miller, December 28, 1864, supra. On February 3, 1865, John S. Brien had telegraphed Lincoln from Nashville: ``There are important papers prepared & will be forwarded to you signed by Brig Gen Jno F Miller. Gen Rousseau, Gov Johnson & others asking mitigation of the sentence of Jas R Mallery, for fear they may not reach you in time to have you answer by the tenth, the day for his execution, will you extend the time so as to make it certain you can act on the papers. . . .'' (DLC-RTL).
General Miller acknowledged receipt of Lincoln's telegram on February 4 (ibid.). No further record of Lincoln's action in the case of James R. Mallory has been found, but on September 7, 1865, President Andrew Johnson directed that sentence be executed in the case of ``James R. Mallory, alias Capt. James R. Mallory, of the so-called Confederate service, a murderer.'' (OR, II, VIII, 743).