General Rosecrans Hangs 2 Confederate Spies

On June 8, 1863 Colonel Orton and his cousin, Lieutenant Walter G. Peters were arrested by the US Army. They were behind Union lines in Franklin, Tennessee and were dressed as officers in the Union army, traveling under false names, carrying falsified papers claiming they were inspectors of the U.S. Army. Under questioning the two gave their real names to the federal commandant, Colonel John P. Baird, of the 85th Indiana Volunteer Infantry.

Baird was instructed by General William Rosecrans to immediately have them tried by court-martial. A court was convened at short notice, sat during the night, and at three o’ clock in the morning of June 9, found the accused guilty of being spies. Rosecrans rejected pleads of clemency, and ordered their immediate execution, which was carried out by hanging about six hours after the verdict The nature of Orton’s mission is unclear. Orton claimed that both officers were under their way to Canada and Europe, purportedly in some secret mission for the Confederacy. The execution of Orton dismayed Robert E. Lee; although he conceded that the officers were technically in violation of the laws of war, he believed that clemency should have been shown.  Agnes Lee was deeply taken by the death of Orton. It was a trauma from which she never recovered, coming just a year after the death of her beloved sister Annie.