The inquiry thus ordered was at once begun:
[Indorsement.]
"Write to Major G. W. Lee, provost-marshal at Atlanta, and inquire why fourteen of the engine thieves were respited while the others were executed, and whether there is anything distinguishing their case.
"G. W. Randolph,
"Secretary of War."
Only the responses to these inquiries were preserved on file at Richmond, and are now in Washington. They show the degree of confusion and misunderstanding which prevailed at the rebel capital:
"Headquarters, Atlanta, Ga., Sept. 16, 1862.
"Hon. G. W. Randolph, Secretary of War, Richmond, Va.
"Sir,—Your communication of the 11th inst. is duly to hand. In reply, I have respectfully to say that the arrest, incarceration, trial, and execution of the prisoners you refer to occurred before I took charge of this post by your order. I found a number of prisoners on my arrival, and among them the men named in the petition transmitted.
"Inclosed I transmit the papers handed over to me by my predecessor. Since the reception of your letter I have endeavored to find Captain Foreacre, and ascertain something more, explaining what I was not conversant with in the transaction, but as his business takes him away from the city, I have not as yet had an interview with him. I will still seek occasion to find him, and give you all the information learned from him. You will please find inclosed the names of the engine-stealers and bridge-burners who are confined in the jail of this city. It is entirely out of my power to answer you as to 'why fourteen of the engine thieves were respited while the others were executed, and whether or not there is anything to justify a discrimination in their favor?' as I am not informed in relation to the proceedings of the court-martial that tried the men.
"I am, sir,
"Respectfully your obt. servt.,
"G. W. Lee,
"Commanding Post, and Provost-Marshal."
The inclosures consist of the seven death-sentences, one of which has already been given, and the following lists, which show a number of glaring errors. According to the first we had all been court-martialled, but only the seven sentenced. The second is wrong in the placing of several names. The manner in which the word "spies" is interlined in the "charges" of the first list is also suggestive.
"List of Prisoners sent to Atlanta, Ga., June 13, 1862, from Knoxville, Tenn., by command of Major-General E. Kirby Smith:
| Names. | Residence. | Charges: | ||||
| Spies, | ||||||
| 1. | Wilson Brown | Ohio. | Court-martialled | and sentenced | Engine | stealing. |
| 2. | Marion Ross | " | " | " | " | " |
| 3. | W. H. Campbell | " | " | " | " | " |
| 4. | John Scott | " | " | " | " | " |
| 5. | Perry G. Shadrach | " | " | " | " | " |
| 6. | G. D. Wilson | " | " | " | " | " |
| 7. | Samuel Slavens | " | " | " | " | " |
| 8. | S. Robinson | " | " | " | " | " |
| 9. | E. H. Mason | " | " | " | " | |
| 10. | Wm. Knight | " | " | " | " | |
| 11. | Robt. Buffins | " | " | " | " | |
| 12. | Wm. Pettinger | " | " | " | " | |
| 13. | Captain David Fry | Green Co., Tenn. | Bridge-burning and recruiting for | |||
| Federal army. | ||||||
| 14. | G. W. Barlow | Washington Co., Tenn. | Obstructing railroad track. | |||
| 15. | Thos. McCoy | Morgan Co., " | ||||
| Peter Pierce | Campbell Co., " | Prisoners of war— | ||||
| John Barker | Estill Co., " | Federal soldiers. | ||||
| Bennet Powers | Lincoln Co., " | |||||
"Respectfully submitted by order.
"Wm. M. Churchwell,
"Colonel, and Provost-Marshal."
"List of Prisoners in Atlanta City Jail, September 16, 1862.