Order Annulling The Sentence
Against Benjamin G. Smith And Franklin W. Smith,

MARCH 18, 1865.

I am unwilling for the sentence to stand, and be executed, to any extent in this case. In the absence of a more adequate motive than the evidence discloses, I am wholly unable to believe in the existence of criminal or fraudulent intent on the part of men of such well established good character. If the evidence went as far to establish a guilty profit of one or two hundred thousand dollars, as it does of one or two hundred dollars, the case would, on the question of guilt, bear a far different aspect. That on this contract, involving some twelve hundred thousand dollars, the contractors would plan, and attempt to execute a fraud which, at the most, could profit them only one or two hundred, or even one thousand dollars, is to my mind beyond the power of rational belief. That they did not, in such a case, make far greater gains, proves that they did not, with guilty or fraudulent intent, make at all. The judgment and sentence are disapproved, and declared null, and the defendants are fully discharged.

A. LINCOLN March 18, 1865.