There never were but two prisoners whipped by his order, and these were for sufficient cause.

He asked the Court to consider favorably two important items in his defense: first, that he had of his own accord taken the drummer boys from the Stockade, and placed them where they could get purer air and better food.

Second, that no property taken from prisoners was retained by him, but was turned over to the Prison Quartermaster.
The Court, after due deliberation, declared the prisoner guilty on all the charges and specifications save two unimportant ones, and sentenced him to be hanged by the neck until dead, at such time and place as the President of the United States should direct.
November 3 President Johnson approved of the sentence, and ordered Major General C.C.Augur to carry the same into effect on Friday, November 10, which was done.

The prisoner made frantic appeals against the sentence; he wrote imploring letters to President Johnson, and lying ones to the New York News, a Rebel paper.

It is said that his wife attempted to convey poison to him, that he might commit suicide and avoid the ignomy of being hanged.