The court sat some time at Camp Release, then at the Lower Agency, and Mankato, where it investigated the question whether the Winnebagoes had participated in the outbreak; but none of that tribe were implicated, which proves that the court acted judicially, and not upon unreliable evidence, as the country was full of rumors and charges that the Winnebagoes were implicated. The court terminated its sittings at Fort Snelling, after a series of sessions lasting from Sept. 30 to Nov. 5, 1862, during which 425 prisoners were arraigned and tried. Of these 321 were found guilty of the offenses charged, of whom 303 were sentenced to death, and the rest to various terms of imprisonment according to the nature of their crimes. The condemned prisoners were removed to Mankato, where they were confined in a large guardhouse, constructed of logs for the purpose, and were guarded by a strong force of soldiers. On the way down, as the party having charge of the prisoners passed through New Ulm they found the inhabitants disinterring the dead, who had been hastily buried in the streets where they fell during the fights at that place. The sight of the Indians so enraged the people that a general attack was made on the wagons in which they were chained together. The attacking force was principally composed of women, armed with clubs, stones, knives, hot water and similar weapons. Of course, the guard could not shoot or bayonet a woman, and they got the prisoners through the town with the loss of one killed and many battered and bruised.
While this court martial was in session the news of its proceedings reached the eastern cities, and a great outcry was raised, that Minnesota was contemplating a dreadful massacre of Indians. Many influential bodies of well-intentioned but ill-informed people beseeched President Lincoln to put a stop to the proposed executions. The president sent for the records of the trials, and turned them over to his legal and military advisors to decide which were the more flagrant cases. On the sixth day of December, 1862, the president made the following order:
"Executive Mansion, Washington, D. C.,
"Dec. 6, 1862.
"Brigadier General Henry H. Sibley, St. Paul, Minn.:
"Ordered, that of the Indians and half-breeds sentenced to be hanged by the military commission, composed of Colonel Crooks, Lieutenant Colonel Marshall, Captain Grant, Captain Bailey and Lieutenant Olin, and lately sitting in Minnesota, you cause to be executed on Friday, the nineteenth day of December, instant, the following named, to-wit:
(Here follow the names of thirty-nine Indians, and their numbers on the record of conviction.)
"The other condemned prisoners you will hold, subject to further orders, taking care that they neither escape nor are subjected to any unlawful violence.
"ABRAHAM LINCOLN,
"President of the United States."
Colonel Sibley had been appointed, by President Lincoln, a brigadier general, on the 29th of September, 1862, on account of his success at the battle of Wood Lake, the announcement of his promotion being in a telegram, as follows:
"Washington, D. C., Sept. 29, 1862.