Augusta County: John W. McCue to Colonel & Mrs. Sepps, September 1866

In response to your request to furnish you with a full account from my pen of the circumstances connected y no with the my capture, trial and imprisonment &c. I give the following unvarnished statement of facts.

On the 25^th of March 1865, J. Logethin with five others of Mosby's Command provided from Westmoreland County in Virginia into St. Mary's County, Maryland on a scout to ascertain the face of the enemy at [unclear: Scondotown]: after performing that duty, we proceeded into Prince George County, in which at a place called Croome, on the night of the night of the 3rd of April, myself and the others - three of the party having deserted, in an effort to get possession of the United States Post Office at that place, came in contact with four detectives of that government all armed and the Post Master - named Coffon - provided with an axe. On the enemy firing the first volley, the others of my comrades fled and made good their escape, leaving me alone to fight for my life with five men. In the encounter, I severely wounded one and killed another, but was then overpowered, badly hurt and taken under heavy guard to Annapolis, where I was kindly healed, and thence removed to the negro jail in Baltimore where I was under the immediate command and control of Major Neigh, a second edition of Beast Butler, Thad Stevens and all that ilk. I arrived in Baltimore and was lodged in the jail on the day of March April 65. I was treated not as a prisoner of war, but as a convict. While there was kept in irons & thrown into a solitary cell, without any coat no blanket and no fire, and when a fellow prisoner threw pushed me a blanket between iron bars, the guard ordered it to be me to throw it out: which I did. I was taken to Baltimore in chains. At Croom, after being overpowered, a rope was gotten with which to hang me unless I answered ques inquisitional questions: Captain Curry Provost Marshal of Annapolis who came up the next morning as on ordered a rope to be gotten for that purpose. The rope A rope halter taken from a horse was brought: I refused to answer any questions and said to know, if I was hung, Mosby would hang seven men for me. Upon that remark, they desisted, and I was taken to Annapolis. The night I was at Croom, I was tied My hands were tied behind me with ropes, and so tightly that the pain was excruciating. I asked to have the ropes slackened and the guard refused. I was taken into the room where the men I had wounded - one mortally & the other severely, to be were lying and there kept during the night as above explained: I saw whilst tied, on the mantlepiece of the room a small silver mounted seven shooter: I lay upon my back with and very quietly endeavored to slip my hands from the rope: I had gotten them so nearly released, that, I supposed by a spring and powerful effort I could entirely extricate myself - seize the pistol and make good my escape. I made the effort - but the ropes were not as nearly loosened as I supposed: I was instantly seized & thrown down by the guard and the ropes were drawn upon me as tightly as possible.

I was The chief of the reacting force I encountered by

James Ryan & J. Coffron the wounded men lay in the room as above stated in which I was confined: the former mortally & the latter severely wounded - and he, about 4 o' clock in the morning requested that I be brought to his bedside - my hands tied behind me - and remarked: Sir you have done your duty - I don't blame you - you were in combat uniform - fought me as a soldier - hard as you will: he had no body to blame but himself - and he hoped that I would be treated as a prisoner of war. He was a noble, gallant and brave man - and fought me with such an unconquerable spirit.

As above stated, I was then taken to Annapolis, thence to Baltimore, and after four days incarceration in the negro jail, was removed in irons to the magnificent city jail of Baltimore where I was healed with humanity & kindness. It is unnecessary for me to give an account of the horrid negro jail in Baltimore: its vermin, the character of its inmates - negroes, Yankees - desperadoes - and gentlemen from Maryland and elsewhere who were there under suspicion of under suspicion of and complicity in the assassination of Mr. Lincoln.

As above stated, I was removed to the city jail - charges were pursued against me: a military commission: not an ordinary court martial, appointed. The charges were as follows to wit:

Head Quarters Middle Department Eighth Army Corps - Baltimore April 13-1865
Special Orders Number 90

"Colonel S.M. Bowman 8 ^th Pennsylvania Volunteers is newly appointed a member of the military commission appointed by paragraph 5.S.O. Number 87 current series these Head Quarters
By command of
[unclear: Bu't] Brigadier General Maris.
Samuel B. Lauriner A.A.S."
First day. Baltimore Maryland April 27^th 1865

"The commission then proceeded to the trial of John W. McCue"

"The accused was then arraigned on the following charges &c."

I deem it unnecessary to copy the record further in this connection: it would cumber your book with much irrelevant matter. Let it suffice that I was charged:

1st with the murder of Richard N. Ryan, a detective officer in the service of the United States government.

2nd Assault with intent to kill and murder one Jeremiah Coffrin, by discharging at the said Coffrin, a loaded pistol, nearly inflicting a serious and dangerous wound.

3rd Violation of the laws of war as laid down in general orders &c.

To all these charges the plea of not guilty" was entered, but upon all I was found guilty.

The finding in reference to upon the 1st charge - murder - is so singular and unprecedented in Criminal Jurisprudence, that I cannot forbear quoting it verbatim - "Guilty except with malice aforethought." Malice is the essence of the crime of murder, and how under any civilized is it possible to be guilty of murder "except with malice? In other words, murder without malice aforethought?

I was sentenced

The trial commenced on the 27 day of April 1865 and continued until the day of when it was at the instance of a lady friend - the daughter of one of our distiguished jurists in Virginia suspended for a few days in order that my father J.D. McCue and my cousin William P. Halsey - then prisoners of war at Fort Delaware could arrive under a summons as witnesses in my behalf: on the day of they reached Baltimore under guard - were thrown into the same negro jail, and on the following Monday at the meeting of the Commission - when the hour of trial had arrived I was ushered into their presence. It is not necessary to state what my feelings were - in manacles as I was, when brought into the presence of my father and my relation Mr. Halsey. They were examined as witnesses, in reference especially to the status of Mosby & command in the service of the Confederate government. On this subject, their evidence was clear and conclusive - to the effect that Mosby was a commissioned officer that his command was organized in result of and obedience to acts of the Confederate Congress & orders from the Secretary of War. I was charged and piled with abuse, as a guerrilla. The trial continued in days. Mr. William Whitney & Mr. John Mills represented me as counsel. The speech of Mr. W. was powerful and eloquent. - The trial concluded - the commission consisted of - officers - Col. Bowman - President & Major Lord Judge Advocate. All the commission except Col. Bowman ruled for capital punishment: he would not yield a a [unclear: compromise finding agree] and [unclear: sub] solitary confinement & hard labor for life. Major Lord was kind and humane. I was returned to prison - and then awaited anxiously for almost 2 months the action of General Wallace who had to review and confirm or reject the decision of the commission.

On the day of that decision was announced - which consigned me to solitary imprisonment and hard labor for life in the Curtin Prison - near Lake Champlain New York - to which place I arrived in heavy irons & in heavy irons - hands & feet on day of 1865. After reaching there was shaved, washed and prison clothes put upon me. Was first put to striking in the blacksmith shop - and then to cutting nails by machinery. I was resigned to work 10 eleven hours per day - with only one hour of intermission in meals - and at night locked up in a cell. - 10 x 4 - and this was my home on Sundays. I worked side by side with a negro convict: and was required to walk to and eat with him at the mess hall. His name ______ and I have no hesitation in saying he was the best friend & most gentleman I met with in my incarceration. When at labor my

In my solitary In my confinement in prison

In my I occasionally received letters from my parents assuring me that every effort was being made to procure my pardon. This sustained & cheered me. My father, immediately on his return home about the 1^st of July 1865 from prison - went to work and did not abate his efforts until success crowned his efforts in November/during. Petitions signed by many thousands of the most respectable citizens of Virginia such including such men as Governor Letcher, Judge [unclear: Rockenhaus], General Lewis & John Y. Haines - and letters and personal appeals to the President from such men as Mr C. Nives, Alexander Nives, A.H. Stuart, J. , John M. Botts, J.D. Baldwin, Mr. Windham Robinson, Frank G. Ruffin - and scores of other leading Virginians. But to General Grant & Captain James Maguire for their answers of my more pain to any others. They on of November appeared together in person before the President & did not leave him until the accomplishment of their object. General Grant took the bold position that we've had our bloodshed and suffering enemy - and the time had come when the prison doors should be thrown open by the President. His appeal and the eloquent appeal of of the noble and just man Captain Maguire now not unavailing. Delicacy forbids my refusing do more than simply referring to the interviews of my mother with the President - her kind & courteous reception by him. &c

Notes

Major Weigel had me brought into his presence and told me there was only one chance for my life - and that was to confess before the commission, that I was a guerrilla - and had murdered Ryan: I indignantly replied to him: that I was a Confederate soldier - engaged in legitimate warfare - belonged to Mosby's command - was no guerrilla - that I was under there was a predetermined purpose to execute me - and he wanted to be saved the trouble of having witnesses and a protracted trial: that my life was to be taken I knew - but [unclear: So] I had done my duty as a soldier fighting for a great & just cause - and would do over again under like circumstances what I had done - and regretted nothing I had done. To others he represented me as the most hardened heathen & reprobate of my age he had ever met with. Not satisfied with his interview with me he put a detective in Confederate uniform in the cell with me: who represented that said he and myself were - in a bad fix: he knew I had done something for which I would be hung - and his case was no better than mine - and after he had, as he supposed gained my confidence in that however, he was mistaken for I suspected him all the time & was very reticent, he proposed that suggested there was only one way of escape salvation from the gallows - and that was for him & myself rise upon the guards - murder them and thus make good our escape. I told him - I knew understood his object, would have nothing to do with him or his scheme - he was very soon let out of my cell & I saw nothing more of him or any other disguised detective.

My trial occurred immediately very soon after the surrender of General Lee and immediately after the assassination of President Lincoln. When the spirit of the Northern people was averse to clemency or humanity: every rebel was regarded by them as perhaps [unclear: crominis] in his murder, with Davis at the head of the plot or conspiracy. At that time returned Confederates were not safe in Baltimore. The passions of officers & men of the United States government were aroused to a pitch of madness & frenzy unprecedented except in the days of the French Revolution. The slightest spark would have kindled a flame that must have led to the destruction of the thousands of Confederates in the Nation Bastiles.

but myself and I hope you will be treated as a prisoner of war". He was a noble, gallant and brave man, and fought me with an unconquerable spirit.

As above stated, I was taken to Annapolis, thence to Baltimore, and after four days incarceration in the negro jail, was removed in irons to the magnificent city jail of Baltimore where I was healed with humanity and kindness. I shall ever remember with gratitude my keepers in that prison.

It is unnecessary for me to give an account of the horrid negro jail in Baltimore under the immediate management and control of one Major Weigel Provost Marshal of Baltimore whose office was in a room of the prison, would induce the necessity of my speaking of Yankees - outlaws - negroes, & vermin of every description genus & species - huddled together within high brick walls, narrow-cells and behind iron grated windows & doors.

was only one chance for my life and that was to confess before the commission that I was a guerrilla and had murdered Ryan. To this, my indignant reply was - "I am a Confederate soldier - engaged in legitimate warfare - belong to Mosby's command, no guerrilla -, and know there is a predetermined purpose to execute me; and in his part, he only desired that he save the trouble of summoning witnesses for a protracted trial. My life is to be be taken, I know; but I have done my duty as a soldier, have devoted my life, to fighting for it a great and just cause, and would do over, under like circumstances, what I have done, and have the approval of my conscience. I have no excuse, apology or confession to make, and were I to acknowledge guilt, I would will appear before my maker with falsehood stamped upon my soul."