One of the most celebrated courts-martial during the War was that of Franklin W. Smith and his brother, charged with defrauding the government. These men bore a high character for integrity. At this time, however, courts-martial were seldom invoked for any other purpose than to convict the accused, and the Smiths shared the usual fate of persons whose cases were submitted to such arbitrament. They were kept in prison, their papers seized, their business destroyed, and their reputations ruined, all of which was followed by a conviction.
The finding of the court was submitted to the President, who, after a careful investigation, disapproved the judgment, and wrote the following endorsement upon the papers:
“Whereas, Franklin W. Smith had transactions with the Navy Department to the amount of a million and a quarter of dollars; and:
“Whereas, he had a chance to steal at least a quarter of a million and was only charged with stealing twenty-two hundred dollars, and the question now is about his stealing one hundred, I don’t believe he stole anything at all.
“Therefore, the record and the findings are disapproved, declared null and void, and the defendants are fully discharged.”
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